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10/26/2017 Meeting
M eeting L ocation: M unicipal C enter 7100 147th S treet West Apple Valley, M innesota 55124 October 26, 2017 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 October 12, 2017, Regular Meeting B.A dopt Resolution Accepting Donation of Tree from Small Groups Bible Study for Use by Parks and Recreation Department C .A pprove 2017 License for C oin-Operated Amusement Devices for C armike Cinemas, LLC D.A pprove 2018 License to C ollect Refuse for Highland Sanitation & Recycling, Inc. E.A dopt Resolution Setting Hearing, at 7:00 p.m., on N ovember 21, 2017, on Renewal of On-Sale Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2018 F.A dopt Resolution Setting Hearing on Expenditure of Sale Proceeds for Bond-Financed Projects (Ecumen Seasons and T he C entennial House), at 7:00 p.m., on N ovember 21, 2017 G.A dopt Resolution Amending 2017 Operating Budget for Specific Items H.A pprove Update to Project 2016-185, Long and Farquar Lakes T MD L Implementation Plan I.A dopt Resolution Approving Split of Single Tax Parcel into Two Tax Lots for Lots 4 and 5, Block 1, T he Woods (12816 D enmark Avenue) J .A dopt Resolution Approving Site Plan/Building Permit Authorization for 9,880 Sq. Ft. Office and C lassroom Additions and Parking Lot Improvements at Cedar Park Elementary (7500 Whitney Drive) K.A dopt Resolution Approving Scott Highlands Middle School Final Plat and Waiver of Development Agreement L.A dopt Resolution Approving Rumoulington Addition Final Plat and Waiver of Development Agreement (135 Surrey Trail South) M.A pprove Extension Notice to Lease Agreement with C harter C able Partners, LLC N.A pprove Agreement with Gregory and Heidi Frankosky for Temporary A ccess Easement and Electrical Service for Scout Lake Aeration System O.A pprove Agreement with MSD Sonline for Online Safety Data Sheet (SD S) Services P.A pprove Agreement with Marco Technologies, LLC , for Managed Voice for Mitel Q.A pprove Change Order No. 1 and No. 2 to Agreement with Klar Dig C onstruction, Inc., for Project 2017-167, Cobblestone Lake Park Pavilion and Restroom Building R.A pprove Acceptance and Final Payment on Agreement with A-1 Recycling, Inc., for Recycling C ollection Services S.A pprove Acceptance and Final Payment on Agreement with Dick's Sanitation, Inc., for Refuse C ollection Services T.Waive Second Reading and Pass Ordinance Amending C hapter 34 of the C ity C ode Entitled Personnel by Deleting Chapter 34 Governing Employee/Personnel Policies U.A pprove Personnel Policy Manual V.A pprove Personnel Report W.A pprove Claims and Bills 5.Regular Agenda Items A.Pass Ordinance Amending Appendix F of the C ity C ode by Amending A rticle A18 to Allow for On-Sale Liquor in C onjunction with a Restaurant Facility as a Permitted Use and C larify the Existing Class I Restaurant Permitted Use Description in P D-507/Zone 1 (Recommend waiving second reading) B.Hold Public Hearing on Vacation of a Portion of Evendale Way and D rainage and Utility Easements Dedicated in Plat of Eagle Ridge Business Park C .A dopt Resolution of Support for Dakota County D raft 2018-2022 C apital Improvements Plan D.A dopt Resolution Appointing Member to Fill Vacancy on the Economic D evelopment Authority with Term Expiring March 1, 2022 E.A ccept Resignation of Urban Affairs Advisory C ommittee Member Edwin Holmes and Authorize Receipt of Applications through December 15, 2017, to Fill Vacancy 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: 4.A . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove Minutes of October 12, 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 October 12, 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 October 12, 2017 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 12, 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, Deputy City Clerk Murphy, City Attorney Dougherty, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, Planner/Econ. Dev. Specialist Sharpe, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, removing item 4.J. – Adopt Resolution Accepting Funding for Metropolitan Council Pre-Development Transit Oriented Development (TOD) Study of Land Use Adjacent to Station Stops Along the Cedar Avenue BRT Corridor, Including the Wings Financial Superblock, 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. Mr. Mikell Smith, 17380 Pilot Knob Road, Lakeville, commented on the City’s response following his offer to purchase property the City owns in Lakeville. Discussion followed. 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 Grendahl, seconded by Hooppaw, approving all remaining items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2017 Page 2 CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting of September 28, 2017, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-144 accepting, with thanks, the donation of a water color painting by Bob Bonawitz from Jana Bonawitz-Conlin for use by the Parks and Recreation Department. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Eastview High School Senior Party, for use on March 11, 2018, at Old Chicago, 14998 Glazier Avenue, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving a change in general manager for Lancer Food Service, Inc., d/b/a Lancer Food Service, in connection with the Concessionaire On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales, at 13000 Zoo Boulevard, naming Anthony Erick Arvidson as General Manager, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the changes in officer and manager for Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, in connection with the On-Sale 3.2 Percent Malt Liquor and Wine Licenses, at 7394 153rd Street W., Ste. 100, naming Thomas Clavin Ryan as CEO; and Matthew Holliday Milliman as General Manager, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-145 setting a public hearing, at 7:00 p.m., on November 9, 2017, on the application for a new On-Sale 3.2 Percent Malt Liquor License by Super World, Inc., d/b/a Super World Buffet, located at 15050 Cedar Avenue, Suite 111. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-146 calling for redemption of the outstanding General Obligation Improvement Bonds, Series 2007B. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, declaring certain City vehicles as surplus; authorizing the disposal of City vehicles and unclaimed property by a public sale from October 20, 2017, through November 1, 2017; and approving the agreement with Assets 2 Cash, LLC, for an online auction conducted through K-Bid, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No 2017-147, authorizing accepting the Dakota County Community Development Agency CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2017 Page 3 (CDA) Redevelopment Incentive Grant (RIG) Program award, in the amount of $250,000.00, for the Menard/Hanson site. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, authorizing the letter of support for construction of infiltration basin on Valleywood Golf Course property, as attached to the Public Works Director’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the reduction of Natural Resources Management Permit (NRMP) financial guarantee for Springs at Apple Valley from $17,500.00 to $5,000.00; and the release of NRMP financial guarantee for Giselle’s Corner, as listed in the Natural Resources Coordinator’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-149 directing the City Engineer to prepare plans and specifications for Project 2018-103, 2018 Micro Surfacing. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-150 directing the City Engineer to prepare plans and specifications for Project 2018-104, 2018 Utility Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-151 directing the City Engineer to prepare plans and specifications for Project 2018-105, 2018 Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the agreement for Municipal Center Countertop Replacement Project, with Vision Woodworking, Inc., in the amount of $15,065.45, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving Change Order No. 1 to the agreement with C & C Courts, Inc., in the amount of an additional $2,135.00, and accepting Project 2017-169, AVCC Gym Floor Replacement, as complete and authorizing final payment in the amount of $92,648.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting Project 2017-103, 2017 Micro Surfacing, as complete and authorizing final payment on the agreement with Fahrner Asphalt Sealers, LLC, in the amount of $1,000.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting Project 2017-132, 2017 Ring Route Painting Services, as complete and authorizing final payment on the agreement with Budget Sandblasting and Painting, Inc., in the amount of $3,521.85. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2017 Page 4 MOTION: of Grendahl, seconded by Hooppaw, approving hiring the seasonal, part-time and full time employees, retirement of employee, promotion of employee, and resignation of employees, as listed in the Personnel Report dated October 12, 2017. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the claims and bills, check registers dated September 21, 2017, in the amount of $967,812.61, and September 27, 2017, in the amount of $2,058,174.12. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 2017 SPECIAL ASSESSMENT ROLL 652 Mr. Hedberg described Assessment Roll No. 652, totaling $151,540.48, for delinquent utility accounts. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. The assessment represents 536 utility billing accounts. No written objections have been received. Prepayments continue to be received. Mayor Hamann-Roland called the public hearing to order, at 7:15 p.m., on Special Assessment Roll No. 652. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:16 p.m. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-152 approving and levying 2017 Special Assessment Roll No. 652, delinquent utility accounts, in the amount of $151,540.48, minus any prepayments. Ayes - 5 - Nays - 0. EDUCATION BUILDING, 14200 CEDAR AVENUE Mr. Nordquist introduced this item and presented information on the Education Building Renovation project, which is the old City Hall building, at 14200 Cedar Avenue. Councilmember Goodwin asked for breakdown costs of building renovations in the total amount of $252,986.00, and expressed concern regarding the landscaping cost of $80,000.00. Discussion followed. MOTION: of Grendahl, seconded by Hamann-Roland, adopting Resolution No. 2017-153 awarding agreement for HVAC Upgrade Old City Hall to Ryan Mechanical, Inc., the lowest responsible bidder, in the amount of $262,400.00. Councilmember Hooppaw voiced his opposition to the City being in the institutional real estate business previously and his opinion has not changed. He clarified he has no issue with St. Mary’s or MacPhail, stating he is proud they are in Apple Valley. He further added he has no interest in re-zoning the property. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2017 Page 5 Vote was taken on the motion: Ayes - 3 - Nays - 2 (Bergman and Hooppaw). MOTION: of Grendahl, seconded by Goodwin, authorizing Consulting Construction Administration for HVAC Upgrade Old City Hall to Karges-Faulconbridge, Inc., (KFI) in the amount of $10,600.00. Ayes - 4 - Nays - 1 (Hooppaw). MOTION: of Grendahl, seconded by Hamann-Roland, adopting Resolution No. 2017-148 awarding agreement for Education Building Renovation to Dering Pierson Group, LLC, the lowest responsible bidder, in the amount of $252,986.00. Councilmember Grendahl expressed concern if the City had to re-bid this project at a later date, the cost would increase. Discussion followed. Councilmember Goodwin made a motion to table the item for two-weeks until he sees the breakdown of the building renovation costs. Councilmember Bergman said he liked everything about the two tenants and does not feel it is fair to table the item for two-weeks. Discussion continued. The motion failed for the lack of a second motion. Councilmember Grendahl noted this is not general fund/taxpayer money. It is money the City has collected on rent for the past 15 years. The City Council continued discussion. Vote was taken on the motion: Ayes - 3 - Nays - 2 (Bergman and Hooppaw). MOTION: of Goodwin, seconded by Grendahl, authorizing Consulting Construction Administration for Education Building Renovation to CNH Architects, in the amount of $24,580.00. Ayes - 3 - Nays - 2 (Bergman and Hooppaw). MOTION: of Grendahl, seconded by Hamann-Roland, approving a lease agreement with MacPhail Center for Music 2018-2022. Councilmember Hooppaw expressed concern about the absence of comparable market data regarding leasing rates. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2017 Page 6 Mr. Kyle Carpenter, MacPhail Center for Music Chief Executive Officer, provided additional information. Discussion continued. Vote was taken on the motion: Ayes - 3 - Nays - 2 (Bergman and Hooppaw). MOTION: of Grendahl, seconded by Goodwin, approving a lease agreement with St. Mary's University 2018-2020. Ayes - 3 - Nays - 2 (Bergman and Hooppaw). Mr. Kyle Carpenter said they are hoping for a grand opening in this new space in January or February of next year. NEW ONLINE UTILITY BILLING PAYMENT PORTAL Mr. Hedberg announced the City will deploy a new on-line utility billing payment portal mid- October. Discussion followed. 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 Hooppaw, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:03 o’clock p.m. Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Deputy City Clerk Approved by the Apple Valley City Council on . Mary Hamann-Roland, Mayor I T E M: 4.B . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Accepting Donation of Tree from Small Groups B ible Study for Use by P arks and Recreation D epartment S taff Contact: B arry B ernstein, Director of Parks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt resolution accepting the donation of an Autumn Blaze tree from Small Groups Bible Study for use by the Parks and Recreation Department in memory of Sue Bunting. S UM M ARY: Small Groups Bible Study has offered to donate of a tree in memory of Sue Bunting. Attached, please find a proposed resolution accepting the donation and thanking Small Groups Bible Study for their generosity. 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 CITY OF APPLE VALLEY RESOLUTION NO. 2017-154 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, Small Groups Bible Study has offered to donate an Autumn Blaze tree to the Parks and Recreation Department in memory of Sue Bunting; 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 Small Groups Bible Study for their gracious donation. ADOPTED this 26th day of October, 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 :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove 2017 L icense for C oin-Operated A musement D evices for C armike C inemas, L L C 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 issuance of a new 2017 License for C oin-O perated A musement D evices to Carmike C inemas, LLC , located at 15630 C edar Avenue. S UM M ARY: An application for a new License for C oin-Operated Amusement D evices has been received from C armike C inemas, LLC , located at 15630 C edar Avenue. T he application is in order to be approved by the C ouncil and is available should anyone wish to review. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove 2018 L icense to Collect Refuse f or Highland Sanitation & Recycling, I nc. 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 issuance of a new 2018 License to C ollect Reuse for Highland Sanitation & Recycling, Inc., located at 20700 Donnelly Avenue, Farmington, MN. S UM M ARY: An application for a new License to Collect Refuse has been received from Highland Sanitation & Recycling, Inc., located at 20700 Donnelly Avenue, Farmington, MN . T he applicant has filed the necessary certificate of insurance. T he license will be effective J anuary 1, 2018. T he application is in order to be approved by the C ouncil and is available should anyone wish to review. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 4.E . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution S etting Hearing, at 7:00 p.m., on November 21, 2017, on R enewal of On-S ale L iquor, W ine, and 3.2 Percent Malt L iquor L icenses f or 2018 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: Adopt the resolution setting a public hearing on November 21, 2017, at 7:00 p.m., on the renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2018. S UM M ARY: Pursuant to Section 111.24 of the City C ode, the C ity C ouncil must annually hold a public hearing prior to renewing O n-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses. T he 2017 licensee holders have submitted renewal applications for 2018. Attached is a resolution authorizing and directing staff to publish a hearing notice regarding the 2018 On-Sale Liquor, Wine, and 3.2 Percent Malt Liquor License renewals. 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 SETTING PUBLIC HEARING ON 2018 ON-SALE LIQUOR LICENSE RENEWALS WHEREAS, the City Clerk has advised this Council that renewal applications for 2018 City On-Sale Intoxicating Liquor, Club On-Sale Intoxicating Liquor, Concessionaire On-Sale Intoxicating Liquor, On-Sale Wine, and On-Sale 3.2 Percent Malt Liquor Licenses have been received from holders of 2017 licenses, as more fully set forth in the hearing notice attached to this resolution as Exhibit A; and WHEREAS, pursuant to City Code Section 111.24, the City Council must annually hold a public hearing prior to approval of renewal licenses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. A public hearing on said applications shall be held before this Council at the time, date and place specified in the Notice of Public Hearing attached to this resolution as Exhibit A. 2. As required by the City Code, the City Clerk is hereby authorized and directed to publish the hearing notice attached, in a timely manner, in the official City newspaper. ADOPTED this 26th day of October, 2017. _____________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk Exhibit A NOTICE OF PUBLIC HEARING ON APPLICATIONS FOR 2018 ON-SALE LIQUOR, WINE, AND 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the Municipal Center, 7100 147th Street W., on Tuesday, November 21, 2017, at 7:00 p.m., or as soon thereafter as possible, for the purpose of holding a public hearing on renewal applications for calendar year 2018 of the following licenses: On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Apple Minnesota, LLC, d/b/a Applebee’s Neighborhood Grill & Bar, 14678 Cedar Avenue 2. Apple Valley Grill, LLC, d/b/a Wild Bill’s Sports Saloon, 15020 Glazier Avenue 3. Blazin Wings, Inc., d/b/a Buffalo Wild Wings, 14658 Cedar Avenue, Suite D 4. CCH, LLC, d/b/a Celts Craft House, 7083 153rd Street W., Suite 1 5. DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House, 15668 Pilot Knob Road 6. El Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant, 6670 150th Street W., Suite 106 7. LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar & Grill, 7721 147th Street W. 8. M, S & R, III, LLC, d/b/a Masu Sushi and Noodle, 14638 Cedar Avenue, Suite C 9. MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar, 14889 Florence Trail 10. Osaka AV, Inc., d/b/a Osaka Seafood Steakhouse, 7537 148th Street W., Suite A 11. PBAV-Sanders, LLC, d/b/a Panino Brothers, 15322 Galaxie Avenue, Suite 108 12. Red Robin International, Inc., d/b/a Red Robin America’s Gourmet Burgers & Spirits, 15560 Cedar Avenue 13. Rich Management, Inc., d/b/a Bogart’s/Apple Place Bowl, 14917 Garrett Avenue 14. Vivo Restaurants, LLC, d/b/a Vivo, 15435 Founders Lane 15. Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 14998 Glazier Avenue Club On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Apple Valley American Legion, Post 1776, 14521 Granada Drive Concessionaire On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Lancer Food Service, Inc., d/b/a Lancer Food Service, 13000 Zoo Boulevard On-Sale Wine: 1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W. 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W. 3. Darbar India Grill Apple Valley, Inc., d/b/a Darbar India Grill, 14871 Granada Avenue 4. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400 5. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd Street W., Suite 100 On-Sale 3.2 Percent Malt Liquor: 1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W. 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W. 3. Darbar India Grill Apple Valley, Inc., d/b/a Darbar India Grill, 14871 Granada Avenue 4. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400 5. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd Street W., Suite 100 6. Super World, Inc., d/b/a Super World Buffet, 15050 Cedar Avenue, Suite 111 2 All interested parties will be given an opportunity to be heard at said time and place. DATED this 26th day of October, 2017. BY ORDER OF THE CITY COUNCIL _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.F. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution S etting Hearing on E xpenditure of S ale P roceeds f or B ond-F inanced P rojects (E cumen S easons and T he C entennial House), at 7:00 p.m., on November 21, 2017 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 the resolution calling for a public hearing before the Apple Valley C ity C ouncil on November 21, 2017, at 7:00 p.m., related to the expenditure of bond-financed project sale proceeds at the Ecumen Seasons at Apple Valley Senior Housing and T he C entennial House properties in A pple Valley. S UM M ARY: C D L Homes, LLC, a Minnesota limited liability company whose sole member is Ecumen, has requested that the C ity Council hold a public hearing on the expenditure of bond- financed project sale proceeds resulting from the sale of its skilled nursing and assisted living campus in Chisago C ity, Minnesota, that has been financed in part by tax-exempt bonds. Proceeds of the sale in the amount of approximately $500,000 are planned to be expended to make capital improvements, principally consisting of the enhancement of interior and exterior features of the projects and replacing critical infrastructure at the Ecumen Seasons at Apple Valley Senior Housing and T he C entennial House properties in A pple Valley. Because the sale proceeds are being expended in the City with respect to the projects, it is necessary under federal tax law rules for the C ity to hold a public hearing and approve such expenditure. B AC K G RO UND : N/A B UD G E T I M PAC T: T here will not be any direct budgetary impact to the C ity of Apple Valley and any direct costs incurred by the C ity will be reimbursed by Ecumen. AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2017- CALLING FOR A PUBLIC HEARING REGARDING THE EXPENDITURE OF SALE PROCEEDS FOR PROJECTS IN APPLE VALLEY WHEREAS, CDL Homes, LLC, a Minnesota limited liability company whose sole member is Ecumen, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), plans to sell portions of its skilled nursing and assisted living campus in Chisago City, Minnesota, that has been financed in part by tax-exempt bonds. Proceeds of the sale in the amount of approximately $500,000 (the “Sale Proceeds”) are planned to be expended to make capital improvements to the Projects defined below, principally consisting of the enhancement of interior and exterior features of the Projects and replacing critical infrastructure; and WHEREAS, the projects are the approximately 79-unit housing with services facility located at 14625 Pennock Avenue in the City of Apple Valley (the “City”) known as The Centennial House of Apple Valley, and the approximately 134-unit housing with services facility located at 15359 Founders Lane in the City known as Ecumen Seasons at Apple Valley (collectively, the “Projects”). The Centennial House of Apple Valley is owned by EverCare Senior Living, LLC, a Minnesota limited liability company whose sole member is Ecumen, and Ecumen Seasons at Apple Valley is owned by Regent at Apple Valley, LLC, a Minnesota limited liability company whose sole member is Ecumen; and WHEREAS, because the Sale Proceeds are being expended in the City with respect to the Projects, it is necessary under federal tax law rules for the City to hold a public hearing and approve such expenditure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota: That the City Council hereby authorizes publication of a public hearing notice, in substantially the form attached as Exhibit A hereto, with respect to the expenditure of the Sale Proceeds with respect to the Projects as described above. The public hearing will be held at the City Council meeting on November 21, 2017. That Ecumen will pay and upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with this resolution. That this resolution shall take effect and be in force from and after its approval. ADOPTED this 26th day of October, 2017. Mary Hamann-Roland, Mayor 2 ATTEST: Pamela J. Gackstetter, City Clerk 3 Exhibit A NOTICE OF PUBLIC HEARING ON THE EXPENDITURE OF BOND-FINANCED PROJECT SALE PROCEEDS The Apple Valley City Council will meet on Tuesday, November 21, 2017, at 7:00 p.m. in the Council Chambers at 7100 147th Street W. in Apple Valley, Minnesota (the “City”), for the purpose of conducting a public hearing on a proposal that the City approve the expenditure of Sale Proceeds (defined below) on two projects in the City. The projects are the approximately 79-unit housing with services facility located at 14625 Pennock Avenue in the City known as The Centennial House of Apple Valley, and the approximately 134-unit housing with services facility located at 15359 Founders Lane in the City known as Ecumen Seasons at Apple Valley (the “Projects”). The Centennial House of Apple Valley is owned by EverCare Senior Living, LLC, a Minnesota limited liability company whose sole member is Ecumen, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Ecumen Seasons at Apple Valley is owned by Regent at Apple Valley, LLC, a Minnesota limited liability company whose sole member is Ecumen. CDL Homes, LLC, a Minnesota limited liability company whose sole member is Ecumen, plans to sell portions of its skilled nursing and assisted living campus in Chisago City, Minnesota, that has been financed in part by tax-exempt bonds. Proceeds of the sale in the amount of approximately $500,000 (the “Sale Proceeds”) are planned to be expended to make capital improvements to the Projects, principally consisting of the enhancement of interior and exterior features of the Projects and replacing critical infrastructure. Because the Sale Proceeds are being expended in the City with respect to the Projects, it is necessary under federal tax law rules for the City to hold a public hearing and approve such expenditure. All persons interested may appear and be heard at the time and place set forth above. The meeting place is accessible to citizens with limited mobility. Dated: October 26, 2017. By_________________________________ Pamela J. Gackstetter, City Clerk GP:4835-9669-3585 v1 I T E M: 4.G. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Amending 2017 Operating B udget for Specific I tems 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 amending the 2017 operating budget for specific items. S UM M ARY: T he C ity C ouncil is requested to consider a resolution amending the 2017 budget for items that are proposed to be funded by anticipated savings within the 2017 budget or by realigning other sources. T he items identified here are proposed to be completed during 2017. B AC K G RO UND : Server Impro vement- S ecurity C amera S ystem (4800-6735)Amount T he 2017 and 2018 B udgets include appropriations for improvements to the security camera system. To complete the server expansion in 2017, an additional $10,000 is needed to add the needed capacity in the P olice D epartment, F ire stations and the C ommunity C enter. T he funding for this system would from available funds from the unrestricted C able T V franchise revenues received prior to 2017. $ 10,000 P o lice Department – C anine P urchase (1200-6740)Amount T he 2018 budget includes the addition of a P olice O fficer position to meet increasing call loads. As presented at the O ctober 14, 2017, C ity C ouncil Informal M eeting, the P olice D epartment is proposing to add a canine officer assignment to the position. T he preliminary 2018 budget also contemplated using 2017 budget savings to purchase the canine and the necessary outfitting. T he funding for this project would come from 2017 budget savings for position vacancies in the P olice D epartment. $ 9,000 P o lice Department – U tility Vehicle (1200-6745)Amount T he P olice Department 2018 budget request originally included the purchase of utility vehicle to be used in the P olice D epartment fleet, which was not included in the administrator recommended 2018 budget. S taff is recommending the purchase of this vehicle of 2017 department savings from position vacancies. T his vehicle will be used at $26,200 special events, general patrol, and rescue operations. T he funding for this project would come from 2017 budget savings for position vacancies in the P olice D epartment. P o lice Department – S uppresso rs (1200-6740)Amount T he P olice D epartment 2018/2019 budget request included replacing suppressors on the departments rifles over a two year phasing in 2018 and 2019. S taff is recommending that it still be completed over a two year phasing but to fund the first phase from 2017 position savings. T he funding for this project would come from 2017 budget savings for position vacancies in the P olice D epartment. $21,000 M unicipal B uilding Fund – C M F Needs S tudy (4000-6235)Amount C M F N eeds Study – As discussed at this year ’s G oals S ession, staff is proposing to utilize an architectural consultant from the C ity’s E ngineering C onsultant P ool to complete a N eeds S tudy for the C ity’s C M F site. R esults of the S tudy would be discussed with the C ouncil later this year. Staff proposed to complete the S tudy prior to doing future work at C M F. I n lieu of completing a budgeted ($32,500) floor sealing project on one of the storage buildings at C M F, the funds would be used for the Study. T he funding for this project would come from redirecting an existing appropriation in the M unicipal B uilding F und for the floor sealing project. $7,000 C M F Fleet D epartment –A sset wo rks System (1530-6735)Amount P ublic Works staff is requesting the addition of a new fleet management system for the C ity’s fleet of vehicles. T he funding for this project would come from 2017 budget savings in motor fuels within the General F und. $33,500 C M F Fleet D epartment – (1530-6735)Amount P ublic Works staff is requesting the addition of Audio Visual equipment to be used in the conference rooms at the C entral M aintenance F acility. T he funding for this project would come from 2017 budget savings in C M F /F leet in C leaning Services and F uel in the C M F/Fleet D epartment. $5,000 I T D epartment –Website U pgrades (1030-6239)Amount T he current website has not been upgraded since the initial implementation of the C ivic P lus system and the C ity's communication strategy would be greatly enhanced with the upgrades. Staff is recommending that the site be upgraded and refreshed. T he funding for this project would come from 2017 budget savings from position vacancies in the I T Department. $15,000 Fire D epartment –S mall To o ls & Equipment (1300-6211)Amount Staff is requesting to replace the R obotic Fire H ydrant (P luggie the F ire H ydrant) for fire education/prevention presentations. T his is replacing the thirty year old robotic fire hydrant that we can no longer get parts for, $6,200 Staff is also requesting to replace the exercise bike at the S tation 2. T his will help promote health and wellness for firefighters, $2,500 T he funding for this project would come from 2017 budget savings from position vacancies in the F ire D epartment. $8,700 B UD G E T I M PAC T: T he items for the G eneral Fund and Municipal Building Fund result in a budget neutral position. T he server upgrade project for the security system will add additional expense to the Cable T V C apital Projects Fund.and would come from available resources in that fund. AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2017-__ RESOLUTION AMENDING 2017 BUDGET FOR SPECIFIC ITEMS WHEREAS, certain 2017 activities were not included in the original 2017 adopted budget; and WHEREAS, funding exists to complete these projects from existing budget savings or additional resources, and WHEREAS, certain 2017 program budget savings are requested to be reassigned; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley that the following budget adjustments be made to the 2017 budget. Department Description 2017 Account Code 2017 Additional (reduced) Amount Police Canine Purchase 1200-6740 $ 9,000 Police Utility Vehicle 1200-6745 26,200 Police Suppressors 1200-6740 21,000 Police Position Savings 1200-6110 (56,200) CMF / Fleet Asset Works Fleet Mgmt System 1530-6735 33,500 Code Enforcement Fuel Savings 1013-6212 (300) Muni Buildings Fuel Savings 1060-6212 (800) Police Fuel Savings 1200-6212 (10,000) Fire Fuel Savings 1300-6212 (3,500) Public Works Fuel Savings 1500-6212 (700) Engineering Fuel Savings 1510-6212 (700) CMF / Fleet Fuel Savings 1530-6212 (600) Street Maintenance Fuel Savings 1600-6212 (8,000) Traffic Signs Fuel Savings 1680-6212 (900) Park Maint Fuel Savings 1710-6212 (8,000) CMF / Fleet Audio Visual Equipment 1530-6735 5,000 CMF / Fleet Fuel Savings 1530-6212 (1,000) CMF /Fleet Cleaning Service/Garbage 1530-6240 (4,000) Information Technology Website Upgrades 1030-6239 15,000 Information Technology IT Salary Savings 1030-6110 (15,000) Fire Robotic Fire Hydrant & Exercise Bike 1300-6212 8,700 Fire IT Salary Savings 1300-6212 (8,700) Subtotal General Fund -0- Cable TV Capital Projects Fund Security Camera server project 4805.6735 $ 10,000 Municipal Building Fund CMF Needs Study 4002.6235 7,000 Municipal Building Fund Redirect Floor refinishing 4002-6715 (7,000) Total All Funds Net Budget Change $ 10,000 ADOPTED this 26th day of October 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.H. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove Update to Project 2016-185, L ong and F arquar L akes T MD L I mplementation Plan 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 update to Project 2016-185, Long and Farquar Lakes T MD L Implementation Plan. S UM M ARY: In 2002, the Minnesota Pollution C ontrol Agency listed Long and Farquar Lakes as impaired for aquatic recreation. T he main cause for these impairments is excessive nutrients in the la k e s . A Total Maximum Daily Load (T MD L) study for Long and Farquar Lakes was originally completed in 2009 and the Implementation Plan was completed in 2010. T he T MD L study assessed the nutrient load reductions needed to comply with State water quality standards. T he Implementation Plan laid out a framework for achieving nutrient reductions. Since 2009, the C ity has designed and constructed several large projects to limit nutrients reaching Long and Farquar Lakes. In addition to inground projects, operational measures such as intensive street sweeping, whole lake drawdowns, and invasive weed management have occurred to improve water quality. T he original 2010 Implementation Plan called for reconvening the Technical Advisory C ommittee (TA C ) after five years to evaluate progress of the projects. An Executive Summary is attached however the complete report is on file and can be viewed at the following link: https://files.logis.org/pydio_public/1fea5b B AC K G RO UND : T he C ity reconvened the TA C in 2016 to review progress and to identify additional efforts to further reduce nutrients. A consultant specializing in watershed planning lead the stakeholder process and provided a final report. A series of three meetings with varied outside stakeholders included: lake association members from both Long and Farquar Lakes; watershed organization, C ounty and State agency staff. Together, the stakeholders provided feedback and guidance to craft the next 10 years of implementation. T he report summarizes past efforts and identifies new projects, both on the ground and in the lakes. T he report also includes cost estimates of recommended activities, along with a prioritized implementation plan. Recommendations for prioritization and staging include both short-term (5-year) and medium- term (10-year) timelines and incorporate both in-lake strategies and watershed Best Management Practices (BMP) implementation. Strategies to be considered include: 0-5-years Watershed BMPs 1. J ohnny C ake Ridge Road corridor BMPs 2. Outlet modifications and infiltration benches on EVR-P7 and EVR-P55 3. Infiltration basin improvement/expansion on EVR-P27 4. Pursue implementation of residential BMPs in cooperation with individual landowners through cost-sharing or other incentive program(s) In-Lake Treatment 1. C ontinue curlyleaf pondweed treatments 2. C ontinue fisheries management 3. Long Lake drawdown in 2018 5 - 10-years Watershed BMPs 1. C ontinue incorporation of BMPs into road corridor reconstruction projects 2. Pursue implementation of additional outlet modifications and infiltration benches 3. Large lot retrofit projects in EVR-13 and EVR-180 4. Pursue implementation of residential BMPs in cooperation with individual landowners through cost-sharing or other incentive program(s) In-Lake Treatment 1. Farquar Lake alum treatment 2. C ontinue fisheries management 3. Long Lake drawdown (year 10 of the first 10-years of implementation of this plan) 4. C ontinue curlyleaf pondweed treatments T he report serves as an update to the Long and Farquar Lakes Implementation Plan. T he updated plan will be utilized for planning-level cost estimates suitable for budgeting and decision making in conjunction with the C ity's C apital Improvement Program. B UD G E T I M PAC T: Funds to complete the Plan Update and stakeholder process were included in the 2016 and 2017 Stormwater Utility Fund. AT TAC HM E NT S: Executive S ummary Exhibit 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | iv 1. EXECUTIVE SUMMARY The 2009 Long and Farquar Lakes Nutrient Total Maximum Daily Load (TMDL determined that significant reductions in nutrients impacting the lakes were needed. The TMDL identified a 76% reduction in total phosphorus loading to Long Lake and a 67% reduction in total phosphorus loading to Farquar Lake were needed in order to meet the State shallow lake phosphorus concentration standard of less than 90 µg/L. Local stakeholders have also shown interest in improving the lakes’ quality so the lakes can better serve as community assets. To date, the City has been active in pursuing goals and a number of in-lake and watershed best management practices (BMP) have been implemented in an effort to reach this target. From those previous efforts progress has been made but is still short of meeting the goals. It is estimated that an additional 112 lbs of external phosphorus load reduction and 140 lbs of internal phosphorus load reduction are needed for Long Lake, and an additional 30 lbs of external phosphorus loading and 218 lbs of internal phosphorus load reduction are needed for Farquar Lake to fully meet the TMDL targets. To address the required reductions in external (i.e. watershed) phosphorus loading, a suite of practices have been identified for further consideration by the City. For lake management, upstream watershed sources must be addressed first to cut off the source, before addressing in-lake nutrient releases. Focus was placed on watershed practices that infiltrate or “retain” runoff, since these practices have the potential to have a synergetic impact on any existing practices that are located downstream, thereby increasing the efficiency of the entire system of treatment practices. These strategies include, first and foremost, suggestions for incorporating retention practices into planned road corridor reconstruction projects, which can be coordinated with street reconstruction to be more cost effective. Many retrofit opportunities are identified, including enhancing infiltration of existing basins, a regional infiltration facility, and retrofitting commercial/institutional and residential areas. This study proposes a suite of in-lake management strategies tailored to each lake, including lake drawdown, sediment alum treatment, curlyleaf pondweed herbicide treatments, winter aeration, and fisheries management. In-lake management should be considered an extensive and long-term approach to rectifying the decades of human disturbances that have occurred within these watersheds, with the ultimate goal of transforming the lakes from their present-day algae dominated state back to a clear water, aquatic plant dominated state. Full implementation of all the recommended in-lake strategies is needed to achieve a clear water state in Long and Farquar Lakes and achieve the internal load reduction goals from the original TMDL. It is estimated that the projects identified here, both upstream in the watershed and in-lake, could result in substantial progress toward, if not complete achievement of, the TMDL reduction goals. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 59 Table 16: Implementation staging table. Long Lake drawdown 2018 and at 5 year intervals Nominal Cost Outlet structure already installed. City ould consider using pump to further lower the lake level and thus improve the effectiveness of the drawdown Johnny Cake Ridge Road corridor BMPs With road re-construction project $500,000 - $850,000 TP reduction was evaluated for EVR-12 and EVR-13 to be 29.7 lbs overall EVR-P7 Outlet modifications and infiltration benches 0-5 Years $63,000 - $102,000 Includes outlet modification and engineered infiltration bench; estimated reduction 15.1 lbs/yr (pond export) EVR-P55 Outlet modifications and infiltration benches 0-5 Years $38,000 - $61,500 Includes outlet modification and engineered infiltration bench; estimated reduction 13.6 lbs/yr (pond export) EVR-P27 Infiltration basin improvement/expansion 0-5 Years $158,000 - $257,000 Efficacy depends on the scale of the improvement; estimated reduction at least 6.1 lbs/yr at Farquar Lake Long Lake Fish Kill 0-5 Years $10,500/treatment $229/acre for 35.3 acres of Long Lake and 10 acres of upstream ponds EVR-P1 Outlet Modifications 5-10 Years $7,300 - $12,000 Estimated reduction 7.7 lbs/yr (pond export) EVR-P2 Outlet Modifications 5-10 Years $7,300 - $12,000 Estimated reduction 21.4 lbs/yr (pond export) EVR-P11 Outlet Modifications 5-10 Years $7,300 - $12,000 Estimated reduction 0.8 lbs/yr (pond export) EVR-P50 Outlet Modifications 5-10 Years $7,300 - $12,000 Estimated reduction 9.3 lbs/yr (pond export) Shepard of the Valley Stormwater Retrofit 5-10 Years $151,200 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Farquar Lake alum treatment 5-10 Years $65,000 - $100,000/treatment Based on the 2010 estimate in 2017 dollars EVR-P4 Outlet Modifications and Infiltration Benches 10-20 Years $38,000 - $61,500 Includes outlet modification and engineered infiltration bench; estimated reduction 27.8 lbs/yr (pond export) EVR-P5 Outlet Modifications 10-20 Years $7,300 - $12,000 Estimated reduction 14.8 lbs/yr (pond export) EVR-P10 Outlet Modifications and Infiltration Benches 10-20 Years $38,000 - $61,500 Includes outlet modification and engineered infiltration bench; estimated reduction 17.9 lbs/yr (pond export) Falcon Ridge Middle School Stormwater Retrofit 10-20 Years $58,700 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Heritage Lutheran Stormwater Retrofits 10-20 Years $22,500 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Community of Christ Stormwater Retrofits 10-20 Years $20,000 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Christ Church Stormwater Retrofits 10-20 Years $53,500 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Long Lake Curlyleaf Pondweed Treatment On-going Program $4000.00 per year $550 per acre, by contractor. Maximum treatment area = 15% of littoral zone, or 5.1 acres. Includes $1K for annual CLP survey Long Lake Fisheries Management On-going Program Farquar Lake Curlyleaf Pondweed Treatment On-going Program $7,000 per year $550 per acre, by contractor. Maximum treatment area = 15% of littoral zone, or 9.5 acres. Includes $2K for annual CLP survey Farquar Lake Fisheries Management On-going Program Farquar Lake Winter Aeration On-going Program Electrical fees (variable)System installed in 2006 Fish Surveys Bi-Annual $3,000-$4,000/year Based on previous City costs. Includes reporting. Game fish stocking based on results of fish surveys Bi-Annual $2,000/year 2 Pound per Littoral Acre = 70 lbs. 10 fish per pound = 700 lbs. Cost per pound for 6-9” Walleye $2.85 Rough Fish Removal (based on results of fish survey)Bi-Annual $10,000/harvest Based on previous City costs Fish Surveys Bi-Annual $3,000-$4,000/year Based on previous City costs. Includes reporting. Rough Fish Removal (based on results of fish survey)As needed $10,000/harvest Based on previous City costs Watershed-wide Residential BMPs Riparian Buffer Improvements Improved Street Sweeping On-going Program No additional cost Continuation of existing City street sweeping with targetted focus 140th Street Corridor BMPs Reserve for if reconstruction occurs $800,000 - $1,400,000 TP reduction was evaluated for EVR-12 and EVR-13 to be 29.7 lbs overall Pilot Knob Road Corridor BMPs Reserve for if reconstruction occurs $800,000 - $1,400,000 TP reduction was evaluated for EVR-12 and EVR-13 to be 29.7 lbs overall McAndrews Road Corridor BMPs Reserve for if reconstruction occurs $900,000 - $1,600,000 TP reduction was evaluated for EVR-12 and EVR-13 to be 29.7 lbs overall $10,000 per year In cooperation with individual landowners through cost-sharing or other incentive program(s)On-going Program CommentsImplementation Activity Timeline Cost Road Corridor BMPs In-Lake Management Stormwater Pond Infiltration Benches Private Large Lot Redevelopment Priority Infiltration Basin Residential BMPs/Buffers/Sweeping 10.17.2017 Prepared by: EOR For the City of Apple Valley Long and Farquar Lakes TMDL Implementation Plan Update Cover Image Swans on Farquar Lake EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | i TABLE OF CONTENTS 1. EXECUTIVE SUMMARY ................................................................................................................................. IV 2. BACKGROUND ............................................................................................................................................... 5 2.1. Project Overview ............................................................................................................................................. 5 2.2. Long and Farquar Lakes 2009 Nutrient TMDL ................................................................................................. 5 2.3. Long and Farquar Lakes Nutrient TMDL Implementation Plan 2010 .............................................................. 7 2.4. Past Management Activities ............................................................................................................................ 8 3. COMPREHENSIVE IN-LAKE MANAGEMENT ALTERNATIVES .......................................................................... 10 3.1. Overall Approach ........................................................................................................................................... 11 3.2. Alternatives Comparison ............................................................................................................................... 13 4. WATERSHED LOAD REDUCTION ALTERNATIVES .......................................................................................... 17 4.1. Road Corridor BMP Projects .......................................................................................................................... 19 4.2. Priority Infiltration Basin ............................................................................................................................... 27 4.3. Stormwater Pond Infiltration Benches .......................................................................................................... 29 4.4. Private Large Site Retrofits ............................................................................................................................ 36 4.5. Riparian Buffer Quality Assessment .............................................................................................................. 38 4.6. Residential BMPs ........................................................................................................................................... 40 4.7. Street Sweeping ............................................................................................................................................ 51 5. RECOMMENDATIONS FOR IMPLEMENTATION STAGING ............................................................................. 54 6. CITATIONS ................................................................................................................................................... 60 7. APPENDIX A: STORMWATER POND INFILTRATION BENCH COST ESTIMATE................................................. 61 8. APPENDIX B: RIPARIAN BUFFER QUALITY ASSESSMENT .............................................................................. 65 9. APPENDIX C: JOHNNY CAKE RIDGE ROAD INTERIM MEMO AND BMP EXAMPLES ....................................... 68 10. APPENDIX D: RESIDENTIAL BMPS BY MINOR SUBWATERSHED.................................................................... 75 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | ii LIST OF FIGURES Figure 1. Long & Farquar Lakes Minor Subwatersheds ................................................................................ 6 Figure 2. Alternative Stable States in Shallow Lakes .................................................................................. 11 Figure 3. In-Lake Management Alternatives ............................................................................................... 12 Figure 4 Watershed BMP Strategies and Priority ....................................................................................... 17 Figure 5: Overview map of potential road reconstruction and corridor BMP retrofit projects. ................ 21 Figure 6: Johnny Cake Ridge Road potential BMP locations (1 of 5). ......................................................... 22 Figure 7: Johnny Cake Ridge Road potential BMP locations (2 of 5). ......................................................... 23 Figure 8: Johnny Cake Ridge Road potential BMP locations (3 of 5). ......................................................... 24 Figure 9: Johnny Cake Ridge Road potential BMP locations (4 of 5). ......................................................... 25 Figure 10: Johnny Cake Ridge Road potential BMP locations (5 of 5). ....................................................... 26 Figure 11: Potential infiltration basin improvement at the outlet to minor subwatershed EVR-27. ......... 28 Figure 12: Potential pond improvements (1 of 3)....................................................................................... 33 Figure 13: Potential pond improvements (2 of 3)....................................................................................... 34 Figure 14: Potential pond improvements (3 of 3)....................................................................................... 35 Figure 15: Potential residential BMP locations (1 of 8). ............................................................................. 43 Figure 16: Potential residential BMP locations (2 of 8). ............................................................................. 44 Figure 17: Potential residential BMP locations (3 of 8). ............................................................................. 45 Figure 18: Potential residential BMP locations (4 of 8). ............................................................................. 46 Figure 19: Potential residential BMP locations (5 of 8). ............................................................................. 47 Figure 20: Potential residential BMP locations (6 of 8). ............................................................................. 48 Figure 21: Potential residential BMP locations (7 of 8). ............................................................................. 49 Figure 22: Potential residential BMP locations (8 of 8). ............................................................................. 50 Figure 23. Landlocked Potential- Post Implementation ............................................................................. 57 Figure 24. Buffer Quality Assessment – Farquar Lake Watersheds EVR-21, EVR-35 .................................. 65 Figure 25. Buffer Quality Assessment – Long Lake Watershed EVR-170 .................................................... 66 Figure 26. Buffer Quality Assessment – Long Lake Watersheds EVR-14, EVR-17 ....................................... 67 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | iii LIST OF TABLES Table 1. 2009 TMDL Existing TP Loads and Load Reductions Needed to Meet State In-lake TP Standard .. 7 Table 2. 2010 TMDL Implementation Plan Proposed Phosphorus Reduction by Source ............................. 8 Table 3. Recent Long Lake Watershed Projects ............................................................................................ 9 Table 4. Long and Farquar Lakes TMDL Reductions Needed, Achieved, and Remaining ............................. 9 Table 5: Predicted potential watershed and net load reductions resulting from road reconstruction projects in major subwatersheds EVR-12 and EVR-13 only. ....................................................... 20 Table 6: Approximately LID implementation costs for major roads in the entire Long & Farquar Lake watershed. ................................................................................................................................... 20 Table 7: Summary of infiltration bench assumptions for each candidate pond......................................... 32 Table 8. Large Parking Lot Retrofit Opportunities ...................................................................................... 36 Table 9. Near-shore BMP Opportunities ..................................................................................................... 39 Table 10. Residential BMPs by Major Watershed....................................................................................... 42 Table 11. Tree Canopy Rating Scheme........................................................................................................ 51 Table 12. Summary of sweeping zone characteristics including average over-street tree canopy cover and total curb-miles of street (length of street x 2). ................................................................... 53 Table 13. Estimated load recovery rates (lb/curb-mile/yr) for total wet solids and total phosphorus for three levels of effort, sweeping with a regenerative air (or comparable) sweeper. .................. 53 Table 14: Estimated TP reduction for combined BMP implementation at Long Lake ................................ 55 Table 15: Estimated TP reduction for combined BMP implementation at Farquar Lake ........................... 55 Table 16: Implementation staging table. .................................................................................................... 59 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | iv 1. EXECUTIVE SUMMARY The 2009 Long and Farquar Lakes Nutrient Total Maximum Daily Load (TMDL determined that significant reductions in nutrients impacting the lakes were needed. The TMDL identified a 76% reduction in total phosphorus loading to Long Lake and a 67% reduction in total phosphorus loading to Farquar Lake were needed in order to meet the State shallow lake phosphorus concentration standard of less than 90 µg/L. Local stakeholders have also shown interest in improving the lakes’ quality so the lakes can better serve as community assets. To date, the City has been active in pursuing goals and a number of in-lake and watershed best management practices (BMP) have been implemented in an effort to reach this target. From those previous efforts progress has been made but is still short of meeting the goals. It is estimated that an additional 112 lbs of external phosphorus load reduction and 140 lbs of internal phosphorus load reduction are needed for Long Lake, and an additional 30 lbs of external phosphorus loading and 218 lbs of internal phosphorus load reduction are needed for Farquar Lake to fully meet the TMDL targets. To address the required reductions in external (i.e. watershed) phosphorus loading, a suite of practices have been identified for further consideration by the City. For lake management, upstream watershed sources must be addressed first to cut off the source, before addressing in-lake nutrient releases. Focus was placed on watershed practices that infiltrate or “retain” runoff, since these practices have the potential to have a synergetic impact on any existing practices that are located downstream, thereby increasing the efficiency of the entire system of treatment practices. These strategies include, first and foremost, suggestions for incorporating retention practices into planned road corridor reconstruction projects, which can be coordinated with street reconstruction to be more cost effective. Many retrofit opportunities are identified, including enhancing infiltration of existing basins, a regional infiltration facility, and retrofitting commercial/institutional and residential areas. This study proposes a suite of in-lake management strategies tailored to each lake, including lake drawdown, sediment alum treatment, curlyleaf pondweed herbicide treatments, winter aeration, and fisheries management. In-lake management should be considered an extensive and long-term approach to rectifying the decades of human disturbances that have occurred within these watersheds, with the ultimate goal of transforming the lakes from their present-day algae dominated state back to a clear water, aquatic plant dominated state. Full implementation of all the recommended in-lake strategies is needed to achieve a clear water state in Long and Farquar Lakes and achieve the internal load reduction goals from the original TMDL. It is estimated that the projects identified here, both upstream in the watershed and in-lake, could result in substantial progress toward, if not complete achievement of, the TMDL reduction goals. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 5 2. BACKGROUND 2.1. Project Overview In 2002, the Minnesota Pollution Control Agency (MPCA) determined that Long and Farquar Lakes did not meet the water quality standard for aquatic recreation and, as a result, listed both lakes as “impaired” under Section 303(d) of the Clean Water Act. The main cause for the impairment is excessive nutrients in the lakes. Algal blooms caused by the excess nutrients occur throughout much of the summer season on both lakes and negatively impact recreational use and aesthetic enjoyment. The U.S. Environmental Protection Agency (EPA) requires states to develop Total Maximum Daily Load (TMDL) studies for impaired waters. A TMDL was developed for Long and Farquar Lakes in 2009 that determined the level of reduction needed in each lake to meet State standards for in-lake total phosphorus concentration. In 2010, the City developed an implementation plan that identified specific watershed and in-lake practices to reduced total phosphorus loading to the lakes. Since adoption of the 2010 implementation plan, the City has constructed several water quality projects in the Long Lake watershed. The City has also engaged in several in-lake activities aimed at reducing internal loading in both lakes. The previous TMDL implementation plan was envisioned to be a five year work plan after which the City would reevaluate its approach. At this time, the City is reviewing the progress that has been made to date in reaching the goals of the TMDL and investigating additional activities to be taken to fully meet the goal. The following report summarizes the past studies that have been conducted and evaluates the effectiveness of recent water quality practices. The report then lays out a recommended approach for additional water quality improvements, BMPs aimed at reducing phosphorus from watershed runoff, and in-lake management activities designed to control internal phosphorus loading within the lakes. 2.2. Long and Farquar Lakes 2009 Nutrient TMDL In 2009, the City of Apple Valley led the development of the Long and Farquar Lakes Nutrient TMDL for the MPCA in partnership with the Vermillion River Joint Powers Organization. The Long and Farquar Lakes Nutrient TMDL (Bonestroo, 2009) assessed the phosphorus load reductions needed for Long and Farquar Lakes to comply with Minnesota water quality standards. The specific sources of nutrients, target reductions from each source, strategies to achieve the reductions, and the approach to meet the applicable water quality standards for each lake are discussed in the TMDL report. At the time of the TMDL development, both lakes had very high summer average in-lake total phosphorus (TP) concentrations (2005 Summer Average for Long Lake was 252 µg/L and for Farquar Lake was 186 µg/L). The TMDL determined the allowable TP loading to each lake, which was divided among watershed, internal and atmosphere sources as shown in Table 1. In the case of Farquar Lake, the watershed load is further divided among areas draining directly to Farquar Lake and the outflow from Long Lake. The primary purpose of the TMDL report was to determine the reductions in TP load needed for each lake to meet the State shallow in-lake TP concentration 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 6 Figure 1. Long & Farquar Lakes Minor Subwatersheds 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 7 standard of less than 90 µg/L. The TMDL determined that a 76% reduction in phosphorus loading to Long Lake and a 67% reduction in phosphorus loading to Farquar Lake were needed in order to meet the State standard. Table 1 shows the load reductions needed from the watershed and internal components. Additionally, for Farquar Lake the watershed load reductions are further divided between areas draining directly to Farquar Lake and the outflow from Long Lake. This emphasizes the important role Long Lake plays in TP loading to Farquar Lake. Table 1. 2009 TMDL Existing TP Loads and Load Reductions Needed to Meet State In-lake TP Standard Long Lake TP TMDL Total Load (lbs/yr) Watershed Load (lbs/yr) Internal Load (lbs/yr) Atmosphere Load (lbs/yr) 2005 Existing Conditions (In-lake TP = 252 µg/L) 508 311 188 9 Reductions needed to achieve the State Standard (In-lake TP = 90 µg/L) (385) 76% (236) 76% (149) 79% 0 0% Farquar Lake TP TMDL Total Load (lbs/yr) Watershed Load (lbs/yr) Internal Load (lbs/yr) Atmosphere Load (lbs/yr) Direct Long Lake Outflow 2005 Existing Conditions (In-lake TP = 186 µg/L) 792 80 185 510 17 Reductions needed to achieve the State Standard (In-lake TP = 90 µg/L) (529) 67% (30) 38% (139) 75% (360) 71% 0 0% 2.3. Long and Farquar Lakes Nutrient TMDL Implementation Plan 2010 In 2010, the City of Apple Valley – in cooperation with the lake associations on each lake, the VRWJPO, and Dakota County – developed an implementation plan that sets forth activities to be undertaken to reduce phosphorus loading to the two lakes. The objective for the implementation plan was to outline specific actions to be taken to reduce lake phosphorus loadings to the level specified in the TMDL. The implementation plan included specific projects, estimated costs, and scheduling for a 5-year period. The implementation plan was structured around the main subwatersheds to each lake and included TP load reduction goals for each subwatershed as shown in Table 2. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 8 The highest priority subwatershed area for Long Lake was determined to be the area draining through EVR-P12. The highest priority for Farquar Lake was to reduce the phosphorus load from Long Lake. Table 2. 2010 TMDL Implementation Plan Proposed Phosphorus Reduction by Source Phosphorus Source Proposed Phosphorus Reduction (lbs/yr) Long Lake Sub-watershed through EVR-P13 22 Sub-watershed through EVR-P12 178.5 Sub-watershed through EVR-P170 38 Direct drainage to Long Lake (EVR-17) 12.5 Internal Load 134 Total Long Lake Reduction 385 Farquar Lake Drainage from Long Lake 139 Direct drainage to Farquar Lake (EVR- 35) 17.5 Sub-watershed through EVR-P21 22 Other watershed projects, if needed 8 Internal Load 360 Total Farquar Lake Reduction 546.5 2.4. Past Management Activities Since adoption of the 2010 Implementation Plan, the City has undertaken significant efforts to improve water quality in Long and Farquar Lakes. Several watershed BMPs have been installed in the Long Lake watershed including the use of cutting edge technologies, such as iron-enhanced sand filters to reduce phosphorus loading. The focus for Farquar Lake has been internal lake management efforts, most significantly the removal of rough fish but including fish stocking and curlyleaf pondweed removal. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 9 Table 3. Recent Long Lake Watershed Projects Project Subwatershed Estimated TP Removal (lbs/year) EVR-Pond 8 Iron Enhanced Sand Filter EVR-12 45 Long Lake Park 2-cell Iron Enhanced Sand Filter EVR-13 33 EVR-Pond 12 Alum Treatment EVR-12 23 Expansion of EVR-Pond 13 in Long Lake Park EVR-13 21 FRMS Raingarden Retrofit EVR-12 2 Everest Ave Tree Filter north of 133rd Street Ct EVR-12 0.3 Everest Ave Raingarden south of 133rd Street Ct EVR-12 0.15 Note: Estimated TP removals were supplied by the City/other reports and were not modeled . In addition to the watershed improvement projects, the City also conducted several projects aimed at reducing the internal loading component to Long Lake. These projects included the following: Partial drawdown of Long Lake Long Lake inlet sediment delta removal EVR-Pond 170 inlet sediment delta removal Alum treatment of EVR-Pond 170 (considered part of Long Lake) Quantification of the phosphorus removal from these internal projects is difficult , but at least 9 lbs/year of TP removal can be attributed to the alum treatment project in EVR-Pond 170. Based on the TP reduction goal from the 2009 TMDL and the work completed to date, it was determined that an additional 112 lbs/year of watershed TP reduction and an additional 140 lbs/year of internal load reduction is needed for Long Lake. Table 4. Long and Farquar Lakes TMDL Reductions Needed, Achieved , and Remaining Phosphorus Source TMDL Phosphorus Reductions (lbs/year) Total Needed Achieved to Date Remaining Long Lake Watershed Load ** 236 124 112 Internal Load 149 9 140 Farquar Lake Watershed Load 30 0 30 Long Lake Outflow 139 76 63 Internal Load 360 142 218 **Proposed adjusted reductions after EVR-P170 Load Allocation component removed Note: Estimated TP removals were supplied by the City/other reports and were not modeled. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 10 3. COMPREHENSIVE IN-LAKE MANAGEMENT ALTERNATIVES Lakes are considered shallow when most (>80%) of the lake area is less than 15 feet. Depths less than 15 feet are important biologically because these depths have the potential to support aquatic plant growth because sunlight can generally penetrate to the lake bottom. In addition, all the living organisms in shallow lakes are concentrated in a smaller volume than in deeper lakes. Consequently, the relationship between phosphorus concentration and the amount of algae growth (measured by chlorophyll-a pigments and water transparency) is often different in shallow lakes as compared to deeper lakes. In deeper lakes, algae abundance is often controlled by physical and chemical factors such as light availability, temperature, and nutrient concentrations. The biological components of the lake (such as microbes, algae, aquatic plants, zooplankton and other invertebrates, and fish) are distributed throughout the lake, along the shoreline, and on the bottom sediments. In shallow lakes, the biological components are more concentrated into less volume and exert a stronger influence on the ecological interactions within the lake. There is a more dense biological community at the bottom of shallow lakes than in deeper lakes because oxygen is replenished in the bottom waters and light can often penetrate to the bottom. These biological components can control the relationship between phosphorus and the response factors. The result of this impact of biological components on the ecological interactions is that shallow lakes normally exhibit one of two ecologically alternative stable states (Figure 2): the turbid water, algae-dominated state, and the clear water, aquatic plant-dominated state. The clear state is the most preferred, since algae communities are held in check by diverse and healthy zooplankton and fish communities. In addition, rooted plants stabilize the sediments, lessening the amount of sediment stirred up by the wind. Long and Farquar Lakes are currently in the turbid water, algae-dominated state, therefore, the management alternatives proposed are geared towards flipping the lake into the clear water state. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 11 Figure 2. Alternative Stable States in Shallow Lakes 3.1. Overall Approach To achieve a clear water state in Long and Farquar Lakes, several key functions will need to be achieved through watershed and in-lake management activities (see Figure 3). First, phosphorus load reductions are needed to reduce algae blooms and increase water clarity. Phosphorus load reductions are needed from watershed sources (see Section 3.1) and from sediment or internal sources. Under increased water clarity, sunlight penetration to the lake bottom will fuel aquatic plant growth. Therefore, management of aquatic invasive plant species is needed next to promote the growth of native species over invasive species. Additional management of aquatic plants and fish are also needed because aquatic plants and fish can have a strong influence on water clarity in shallow lakes without any changes in phosphorus loads. The following discussion of management alternatives is organized by the basic function(s) performed by each practice as illustrated in Figure 3. Whole lake drawdown is the only management alternative that achieves all key functions. Alum treatment can simultaneously reduce sediment phosphorus, reduce algae blooms, and increase water clarity; while dredging can reduce sediment phosphorus. Algaecide or aeration can reduce algae booms and increase water clarity. While combinations of several smaller scale management alternatives can be used to manage aquatic plants and fish. It is important to note that Long and Farquar Lakes have undergone extensive changes from human disturbances over a long period of time. Therefore, management of these lakes should also be expected to be extensive and long-term. That is to say, continual management of shallow lakes is needed to maintain clear water. Management efforts at the beginning will be more intensive to effectively switch the lake from a turbid water to a clear water condition, followed by ongoing, less intensive management to maintain healthy aquatic plants, fish, and clear water. Refer to section 5 for the recommended approach for in-lake management CLEAR Large fish (or the absence of all fish) and abundant rooted plants keep water clear. TURBID Too many panfish or too few rooted plants keep water turbid. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 12 Figure 3. In-Lake Management Alternatives 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 13 3.2. Alternatives Comparison In-lake Management Alternative Description Benefits Considerations Recommended for Long? Recommended for Farquar? Whole-lake Drawdown A whole-lake drawdown is the process of passively or actively removing all water in a lake and expose the entire lake bottom to the air to: a) oxidize and consolidate sediment, b) freeze curlyleaf pondweed turions, c) kill all fish, and d) promote re-germination of native plant species. This activity simultaneously achieves all shallow lake key functions. • Reduce sediment phosphorus • Reduce algae blooms • Increase water clarity • Manage aquatic plants • Manage fish Lake aesthetics may be moderately impacted, and consideration must be given to downstream discharge of the high phosphorus lake water. An outlet structure system and a downstream resource capable of receiving the drawdown water are needed. Best in fall/winter when runoff low Yes. An existing outlet structure exists. Consider in a drier year to achieve a complete drawdown. No. No outlet structure nor downstream resource capable of receiving the drawdown water. Sediment Alum Treatment The application of aluminum sulfate as a floc layer at the lake sediment/water interface that can bind with phosphorus released from the sediments for an extended period of time. The aluminum sulfate used in alum treatments strongly binds with phosphorus through a chemical reaction under most lake conditions, prohibiting phosphorus release from the sediments into the lake water. Alum will also strip phosphorus from the water column as it is applied, resulting in immediate improvements in water clarity and algae. When applied as an appropriate dose, alum will prevent internal recycling of phosphorus over 5-10 years. • Reduce sediment phosphorus • Reduce algae blooms • Increase water clarity Usually applied with a buffer, to maintain appropriate lake pH levels. Requires lake access for application pontoons or barges. There are a finite number of alum binding sites in each alum treatment that are used over time as phosphorus is slowly released by the lake sediments. Therefore, additional alum treatments are needed every 5-10 years, depending on the initial dose, to replenish the amount of available alum binding sites for sediment phosphorus. Best in late fall or early spring, when aquatic plant growth is minimal No. Whole-lake drawdown more appropriate. Yes. Internal load 64% of total phosphorus load to lake. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 14 In-lake Management Alternative Description Benefits Considerations Recommended for Long? Recommended for Farquar? Sediment Dredging Dredging permanently removes phosphorus laden sediments and increases lake depths. • Reduce sediment phosphorus Disposal of dredge sediment is a difficult/expensive effort due to the water content and weight of the material. Large, nearby drying areas are needed to reduce the water content of the sediment prior to disposal. Dredging will also remove the seedbank within the lake, destroy in- lake habitat and temporarily increase lake turbidity. No. Cost prohibitive and destructive. No. Cost prohibitive and destructive. Algaecides Temporary chemical treatment of algae to reduce an algae bloom. • Reduce algae blooms • Increase water clarity Requires regular monitoring throughout the season, and multiple treatments on an as-needed basis. Reactive approach and does not solve root of water quality problem, just a temporary treatment of the symptom. No. Temporary aesthetic treatment. No. Temporary aesthetic treatment. Growing Season Aeration Add air to bottom waters (hypolimnion). Goal is to ensure that bottom waters are oxygenated so that phosphorus is not released from sediment. Appropriate for lakes with high sediment internal load that would benefit from oxic bottom waters. • Reduce algae blooms • Increase water clarity Requires electricity and ongoing maintenance. For lakes with undesired winter fish kill, can also be used in winter to prevent fish kill. Most applicable to deep lake bottom waters, or to very small treatment ponds. No. Lake too large and shallow. No. Lake too large and shallow. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 15 In-lake Management Alternative Description Benefits Considerations Recommended for Long? Recommended for Farquar? Mechanical Harvesting Cutting and removal of aquatic vegetation. Goal is to remove vegetation from the water to eliminate it as a source of nutrients as the vegetation degrades, and encourage growth of native plants. • Manage aquatic plants Mechanical harvesting of CLP in early spring, before turions are produced, can be effective at reducing dense populations of CLP. Once CLP density decreases, CLP management should transition to less disruptive herbicide treatments, to limit turion dispersal to lake sediments. Yes. Can reduce dense mats, enhance recreational value, and remove source of nutrients to the lake. Yes. Can reduce dense mats, enhance recreational value, and remove source of nutrients to the lake. Herbicides Application of chemical herbicides to the littoral area of the lake. Goal is to kill aquatic vegetation to eliminate it as a source of nutrients. Endothall is often used for curly-leaf pondweed control • Manage aquatic plants Properly applied herbicides generally have little effect on overall native macrophytes, though can change species abundance. Multiple years of treatment are needed to manage plant growth. Will not eradicate plants. Best in late spring when CLP growing Yes. To manage CLP community for lower densities, if drawdown does not freeze all turions. Yes. To manage CLP community for lower densities. Fish Kill Kill fish population using pesticide. Goal is to eliminate an unbalanced fish population in order to re-establish a healthy fish population. Allows lake to be “restarted” with fully defined new fish population. Treatment has been able to shift shallow systems to clear water state for a period of time (many years) • Manage fish Kills all fish, but not usually black bullheads or carp. May also kill zooplankton. May limit use of lake as habitat for wildlife because of lack of available food (fish). Need to rotenone entire watershed to be most effective, or conduct regular treatments. Best in winter when oxygen concentrations are lowest Yes. Doesn’t usually support large fish. Manage lake for no fish. No. Can support large fish. Manage lake for large fish. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 16 In-lake Management Alternative Description Benefits Considerations Recommended for Long? Recommended for Farquar? Fish Stocking Alteration of fish population structure. Goal is to alter fish population structure so that fewer planktivorous fish are present, leaving the zooplankton present to reduce the algae population. • Manage fish May not be effective if high internal load from sediment still present. May take a long time to see full effect of biomanipulation efforts. Rotenone, fish harvest, and fish stocking can be used to support biomanipulation. Best in early spring to allow juvenile fish to grow during warmer summer months. No. Doesn’t usually support large fish. Manage lake for no fish. Yes. Can support large fish. Manage lake for large fish. Winter Aeration Maintain a small plume of high oxygen water in lake. Goal is to eliminate winter fish kills. Increases oxygen to maintain game fish species with minimal energy consumption. Takes away competitive advantage of bullheads and carp under low oxygen conditions • Manage fish Requires electricity and ongoing maintenance. Must obtain a permit to install and fence off aerated lake area. Best to begin aeration soon after ice over No. Doesn’t usually support large fish. Manage lake for no fish. Yes. Can support large fish. Manage lake for large fish. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 17 4. WATERSHED LOAD REDUCTION ALTERNATIVES EOR analyzed existing information on stormwater infrastructure treatment efficiencies, soils data, surface and groundwater hydrology, existing BMP locations, and planned capital improvement projects to develop a watershed-scale assessment methodology for identifying and prioritizing locations for future implementation projects. The assessment focused on practices that perform phosphorus load reduction primarily through retention (i.e. infiltration), in keeping with the secondary goal of more closely mimicking the natural, semi-landlocked state of many portions of these watersheds. Figure 4 Watershed BMP Strategies and Priority This methodology prioritized projects in the following order: 1. Road Corridor BMP Projects: Integration of low-impact design (LID) practices into planned road reconstruction projects with an emphasis on Johnny Cake Ridge Road, which will undergo redevelopment in 2018. Other roads identified may not be slated for near-term reconstruction, but should be considered either for BMP integration or retrofit potential. 2. Priority Infiltration Basins: Identification of portions of the watershed with soils conducive to supporting infiltration practices on public parcels. 3. Stormwater Pond Infiltration Benches: Identification of portions of the watershed with soils conducive to supporting infiltration practices in areas surrounding existing stormwater ponds. 4. Large Site Retrofits: Identification of large, impervious areas within the watershed where retrofit opportunities exist. 5. Riparian Buffer Quality Assessment: Identification of nearshore areas with high quality buffers that should be protected and areas with low quality buffers that would benefit from planned enhancements based on a qualitative assessment of the buffer area within 50 feet of Long and Farquar Lakes. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 18 6. Residential BMPs: Prioritizing locations of residential BMPs – including rain gardens, tree trenches, and opportunities for installation of porous pavements – based on a review of current aerial imagery, the existing storm utility network, and soils data. 7. Street Sweeping: Recommendations for improved street sweeping procedures. Since it is important to report estimated removals at the inlet to the lakes themselves – as opposed to reporting the watershed load reduction, or the reduction at the stormwater pond nearest a practice, for example – a consistent methodology was used to estimate TP load reductions for each type of project, such that the predicted reductions could be viewed in the context implementation staging. This method of accounting accomplishes two things: first, it ensures that the benefits of an individual project are not overestimated, since there are often diminishing returns when practices are constructed in series; second, however, it also ensures that any increase in system efficiency resulting from overall discharge reduction (i.e. runoff retention) is simulated. This latter point is important to consider in the context of the detention ponds in series within these watersheds – many of which are not currently operating at optimal efficiency. In other words, by concentrating efforts on the types of practices discussed in this section of the report, it should be fully expected that the efficiency of existing practices will increase in kind, since the proportion of upstream discharge that they can efficiently treat is increased as a consequence of upstream volume retention. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 19 4.1. Road Corridor BMP Projects Recognizing that integrating BMP projects with planned or potential road reconstruction projects presents a low-cost alternative to BMP retrofits, a high-level review of the Johnny Cake Ridge Road (JCRR) corridor was conducted to identify potential BMP locations and estimate their benefits to water quality improvement and water quantity reduction (see Figure 5 through Figure 10). The results of this review were then used to estimate the potential for additional BMP integration opportunities in either reconstruction or retrofit projects along other major roads within the watershed, including: Pilot Knob Road, 140th Street, and McAndrews Road, as shown in Figure 5. The City’s existing P8 model was used to estimate the potential impacts of implementing BMPs within the corridors by reducing the tributary areas of those subcatchments that contained segments of these roadways, as described below. In the Johnny Cake Ridge Road corridor, individual catchments for roadway catch basins were delineated in order to determine the amount of impervious area concentrating runoff to each catch basin in the roadway corridor. Reviewing this, in conjunction with existing storm sewers, directed placement of structural BMPs, such as catch basin retrofits with sumps and sediment collection enhancements or underground stormwater quality tanks. These types of devices should be viewed as enhancement to a suite of BMPs – providing treatment where room may not allow for more expansive BMPs or for pretreatment to other BMPs. In many cases, the pedestrian trail intersected the drainage areas, which presents the opportunity of treatment extending below the walking surface. Adjacent city park areas were also identified as opportunities to augment road corridor BMPs. Potential constraints to BMP construction were also taken into consideration during the review, including mature tree coverage, proximity of private property, adjacent steep slopes, turn lanes, or trail convergences with the roadway. Illustrations of typical road corridor LID sections, along with figures showing examples of typical BMPs, can be found in Appendix C: Johnny Cake Ridge Road Interim Memo and BMP Examples. Initially, calculation of impervious runoff volume generated for a 1-inch rainfall was conducted to determine the treatment depth given the drainage and footprint areas of roadway corridor BMPs. Soils in the area are identified as moderately to well-drained. Maps of the Johnny Cake Ridge Road corridor – including potential BMPs and corresponding drainage areas – are shown in Figure 6 through Figure 10. The main outcome from the Johnny Cake Ridge Road review that was used in estimating BMP impacts on all of the major roads in the watershed (as listed above) was the determination of an approximate treatment area per linear foot of reconstructed roadway that could be fully treated (i.e. no discharge for the average year’s rainfall). Therefore, for each linear foot of major roadway within each minor subwatershed, the tributary area in the P8 model was reduced by 0.0065 acres. The P8 model simulation indicated that implementing BMPs in all four of these road corridors could reduce existing TP loading to Long Lake by 21.2%, or approximately 29.7 lbs/yr, as shown in Table 5. The results show that high watershed load reductions are diminished as the load reductions are tracked downstream through the treatment train; however, the results also show an increase in system efficiency as indicated by the reduction in Long Lake TP inflow exceeding the combined 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 20 reductions at the EVR-12 and EVR-13 outlets. This is most likely the result of the overall reduction in runoff volumes, thereby showcasing the benefits of a Low Impact Development (LID) approach over a detention-only approach to stormwater management. Although they are shown in Figure 5, the analysis did not include potential road reconstruction projects within the drainage areas to Farquar Lake at this time. It should be noted, however, that with all of these BMPs, any external or internal load reductions to Long Lake will in turn have benefit to Farquar Lake since the majority of its load comes from Long Lake outflow. Given the high level of this analysis, and the generally tight limitations of working in a corridor setting, a 50% contingency factor was applied for the BMP treatment area to account for unknowns, such as final BMP type selection, BMP side slopes, void space (if underground), utility conflicts. That is to say, only half of the BMP footprint is considered for the depth calculation. Potential project costs were estimated by applying established per-unit-volume costs to each BMP sited in the JCRR corridor. These varied by BMP type and ranged between $7 and $12 per cubic foot of retention capacity. Then, the overall costs were divided by the total length of the corridor (6,654 feet), resulting in a range of unit costs from $75 to $130 per linear foot of roadway. For reference, these numbers are provided in Table 6 for the entire watershed (including areas tributary to Farquar Lake). It should be emphasized that these costs will appear large since they represent the ambitious goal of retaining 1” of runoff along the entire corridor. It is important to note that these costs will increase if BMPs are constructed as retrofits rather than as part of a larger reconstruction effort. Table 5: Predicted potential watershed and net load reductions resulting from road reconstruction projects in major subwatersheds EVR-12 and EVR-13 only. Table 6: Approximate LID implementation costs for major roads in the entire Long & Farquar Lake watershed. EVR-4 EVR-12 140th, JCRR 3635 11.9 EVR-7 EVR-12 JCRR 4565 10.3 EVR-10 EVR-12 140th, Pilot Knob 2658 6.3 EVR-170 EVR-12 140th, Pilot Knob 6511 10.1 EVR-1 EVR-13 McAndrews 870 3.3 EVR-13 EVR-13 JCRR, McAndrews 2194 6.1 EVR-55 EVR-13 McAndrews 3772 18.3 Net Reductions:EVR-12 outflow 9.4 EVR-13 outflow 13.0 Long Lake inflow 29.7 Road Projects Included Length of Major Road Corridors (ft) Watershed TP Load Reduction (lbs/yr) Minor Subwatershed Major Subwatershed Road Approx. Length (ft)LID Cost McAndrews Rd 12,200 $915,000 - $1,586,000 Johnny Cake Ridge Rd 6,600 $495,000 - $858,000 140th St. NW 11,000 $825,000 - $1,430,000 Pilot Knob Rd 10,500 $787,500 - $1,365,000 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 21 Figure 5: Overview map of potential road reconstruction and corridor BMP retrofit projects. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 22 Figure 6: Johnny Cake Ridge Road potential BMP locations (1 of 5). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 23 Figure 7: Johnny Cake Ridge Road potential BMP locations (2 of 5). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 24 Figure 8: Johnny Cake Ridge Road potential BMP locations (3 of 5). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 25 Figure 9: Johnny Cake Ridge Road potential BMP locations (4 of 5). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 26 Figure 10: Johnny Cake Ridge Road potential BMP locations (5 of 5). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 27 4.2. Priority Infiltration Basin A desktop GIS review of topography, soils, and storm sewer data was conducted to locate areas in the watershed that have potential for implementing large-scale infiltration practices – particularly on public property, where barriers to implementation are significantly lowered. The review highlighted one particular basin that is reported to be operating as an infiltration practice under existing conditions, but is potentially being underutilized. The basin is located within subwatershed EVR-27 just south of 140 St. W. and east of 142nd Path W. Subsoils in this part of the watershed appear to be extremely conducive to infiltration, and existing topography suggested that an expansion of this basin is feasible. While the City’s stormwater infrastructure database indicated that storm sewers may already be daylighting into this basin, preliminary modeling showed that a basin expansion and outlet modification could likely result in the retention of 100% of runoff from EVR-27 for an average year – possibly up to a 5-year event or beyond. The review also indicated that a portion of the drainage from EVR-24, EVR-25, and/or EVR-26 could potentially be diverted to this location. A graphic of the EVR-27 basin showing potential proposed contours assuming a moderate amount of regrading and excavation is shown in Figure 11 – amounting to approximately 4,000 cubic yards of cut across an area of approximately one acre. It should be noted that the amount of area available within the publicly owned parcel in which this basin is located allows for even more expansive improvement (i.e. steeper slopes and/or a deeper basin) than is shown, and the potential cost of the project is entirely dependent on the scale of the improvement. Conversely, given high infiltration rates or the inability to redirect all of the upstream subwatersheds, for example, it may be determined during a feasibility analysis that the degree of excavation could be significantly lower than what is shown in Figure 11. For this example grading schematic, the project is estimated at between $158,000 and $257,000 including a feasibility study, design, and engineering, among other itemized costs as shown in Appendix A: Stormwater Pond IMPROVEMENTS Cost Estimate. Due to the variability in the potential extent and configuration of such a design, and to the number of unknowns currently involved, only a basic modeling analysis was performed using the City’s HydroCAD model. Following this evaluation, as this improved BMP was not included in any of the P8 model runs, the contributing area (EVR-27) was simply taken offline in the P8 model to simulate complete retention of the average year rainfall – an assumption that appears feasible but requires further study. Based on the modeling, this analysis suggests an expected reduction of at least 6.1 lbs/yr. A feasibility study would be required to develop a better understanding of the existing conditions of this basin and the potential for infiltration. It should be noted that this project has the potential to provide benefits beyond TP reduction alone, as it could also reduce the overall stormwater discharge volume reaching Farquar Lake from a relatively large portion of the watershed during large storm events. These additional benefits should also be considered when evaluating the sizing of the basin and the potential project costs. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 28 Figure 11: Potential infiltration basin improvement at the outlet to minor subwatershed EVR-27. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 29 4.3. Stormwater Pond Infiltration Benches Many of the City’s stormwater ponds are located within natural depressions/basins within the landscape that were likely to be historically landlocked – even for very large storm events – as evidenced in part by the depth of these basins and by the apparent lack of defined overland flow pathways on historic USGS topographic maps. It is also evident from the prevalence of well- and excessively-drained soils throughout both watersheds that the standing water present in these ponds is typically due to the accumulation of sediments over time – which has effectively made the bottoms of these features impermeable – rather than being an indicator of the emergence of a regional water table. Therefore, a significant amount of natural infiltration capacity likely still exists in the immediate vicinity of these ponds. One way to take advantage of this naturally occurring infiltration capacity is to allow the water in the ponds to periodically inundate the proximate shoreline during smaller storm events – without any modification to the existing soils or vegetation. This can be accomplished by installing an outlet structure that has been designed to do three things: a. Raise the water levels significantly during small storm events, b. Allow the water levels to drawdown more slowly than it currently does for these small events, but still within a defined time window, and c. Minimize the net increase in water levels that will occur during large storm events. The cost of these outlet modifications is estimated at between $95,000 and $156,000 for all 13 ponds considered, or around $9,100± each on average, assuming a simple adjustable weir structure that does not require heavy machinery or poured-in-place concrete to construct. A summary of these cost estimates can be found in Appendix A: Stormwater Pond IMPROVEMENTS Cost Estimate,. These estimates include costs associated with a feasibility analysis (e.g. geotechnical review), which will be necessary to verify that site soils, wetland status, water table depth, etc., are consistent with the conditions indicated in the soil survey and other GIS datasets used in this desktop analysis. In areas that are naturally conducive to regrading, these outlet modifications can be accompanied by improvements to the natural soils through the construction of an engineered infiltration bench around a portion of a pond. This would allow the surface soils to be removed, thus exposing the sandy subsoils and allowing for, potentially, significantly higher infiltration rates. It should be noted that sand benches have been oversized by 20% to account for media clogging that will occur over time, but that a feasibility analysis should include an assessment of methods for minimizing the rate of clogging such as the incorporation of pretreatment devices, street sweeping1, and/or practices that help prevent the resuspension of settled particulates. The cost of these engineered infiltration benches is estimated at between $239,000 and $388,000 for all five ponds considered, or around $46,000± each on average for the three benches without iron enhancement and around $78,000± each on average for the two benches with iron enhancement. A summary of these cost estimates can also be found in the Appendix A: Stormwater Pond IMPROVEMENTS Cost Estimate. 1 Continuation of the City’s current street sweeping practices will minimize sediment transport into the ponds relative to historic conditions, as discussed at the end of section 4.7. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 30 In order to roughly estimate the impacts on total phosphorus reduction resulting from implementing these pond modifications, the City’s existing P8 model was used. However, since P8’s ability to simulate complex outlet structures is limited, HydroCAD was first used to define the hydraulic impacts on the system, and the simulation results were interpreted to determine appropriate modifications to the hydrology in the P8 model that would represent those impacts during an average rainfall year. A description of this process follows – refer to Figure 1 throughout for pond locations. The City’s existing HydroCAD model was used to simulate the impacts on system hydraulics of implementing outlet modifications and engineered benches for a subset of stormwater ponds. Outlets modifications were simulated for 13 candidate ponds shown in Table 7 by adding a high- capacity weir structure at an elevation one foot higher than the existing outlet elevation. Infiltration was added for the area inundated around the edges of the ponds, with an assumed infiltration rate that varied based on the drainage class indicated on the soil survey. For five of these ponds, a portion of the infiltration was increased to a higher rate to represent an engineered infiltration bench. Additionally, two of these ponds (EVR-P7 and EVR-P53) appear to have storm sewer inlet locations that are potentially conducive to implementing iron-enhanced sand filters (IESF) in a similar manner to the existing IESF at EVR-P8. Since the estimated TP removal performance of an improved EVR-P7 is on the lower end, the IESF option is recommended for further consideration either in addition to or in lieu of an engineered infiltration bench. The HydroCAD model was run using the 1”, 1.5”, 2-year (2.8”), and 5-year (3.6”) storm events. The simulation results were then interpolated to determine the event depth that could be completely infiltrated by each modified pond. By comparing these depths with the average year (2006) daily rainfall record, an exceedance probability was computed. These values were then used to reduce tributary areas within the P8 model in order to predict impacts on phosphorus load reductions for the average year simulation. For example, the HydroCAD simulation indicated that outlet modifications to pond EVR-P50 could facilitate the infiltration of a 2” rainfall event. Since a 2” rainfall event was greater than 94% of rainfall events that caused runoff during 2006, the direct tributary area to EVR-P50 (watershed EVR-50) was reduced by 94% in the P8 model. Along with the pond modifications discussed, this analysis also incorporated the road reconstruction projects and EVR-27 infiltration basin discussed in the previous section. This simulation indicated an additional 33.2% or about 46.5 lbs of TP load reduction to Long Lake; no outlet modifications were proposed in the Farquar Lake watershed at this time. As with any such analysis, there are a variety of ways to estimate the potential impacts of these projects. This methodology has benefits over some of the potential alternatives in that it accounts for the reduction in both runoff volumes and phosphorus loads that can be expected during an average year, allowing for the evaluation of progress towards TMDL phosphorus reduction goals as well as impacts on flood reduction. However, it is a simplified approach, and the results shown in Table 7 should be viewed as preliminary and rough given the inherent assumptions, and that site investigations will be required to further assess project feasibility at each proposed location. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 31 These site assessments will need to include an evaluation of the City’s existing stormwater easements, which were assumed here to encompass at least the 100-year high water contour around each pond. Easements for access will also need to be verified – assumed here to be located overlying the inlet and outlet pipes to the ponds. Since these features have all been long since transitioned from their historic states to stormwater ponds, and since the proposed modifications represent high frequency but low duration inundation of the riparian zone, we do not anticipate issues with permitting related to impacts on emergent vegetation in most cases. It is worth noting that the 2007 Surface Water Management Plan identifies EVR-P11 as potentially requiring an increase in outlet capacity if the capacity of the outlet from EVR-P8 is increased. Therefore, if the EVR-P8 outlet is slated for upsizing, the City should consider completing the outlet reconstruction and modification efforts for EVR-P11 simultaneously. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 32 Table 7: Summary of infiltration bench assumptions for each candidate pond. For BMP Only1 For Tributary Area2 EVR-P10 EVR-P170 EVR-170 74.1 1.00 X 40%1.20 < 1-inch 9.1 9.1 53% EVR-P2 EVR-P7 EVR-12 84.2 0.45 > 1.5-inch 5.8 5.8 94% EVR-P4 EVR-P7 EVR-12 84.2 1.00 X 40%1.20 < 1-inch 14.4 14.4 56% EVR-P5 EVR-P7 EVR-12 79.3 0.45 < 1-inch 6.6 6.6 47% EVR-P6 EVR-P7 EVR-12 16.6 1.00 > 5-year (3.6-inch)1.7 1.7 100% EVR-P7 EVR-P8 EVR-12 79.9 0.45 X X 40%1.20 < 1-inch 12.2 35.1 53% EVR-P11 EVR-P12 EVR-12 15.8 1.00 < 1-inch 0.8 33.8 18% EVR-P1 EVR-P13 EVR-13 19.1 0.45 > 1.5-inch 3.1 3.1 94% EVR-P50 EVR-P51 EVR-13 39.9 0.45 > 1.5-inch 3.4 3.4 94% EVR-P52 EVR-P53 EVR-13 6.6 0.45 > 5-year (3.6-inch)0.4 0.4 100% EVR-P53 EVR-P55 EVR-13 14.5 0.45 X X 10%1.20 > 5-year (3.6-inch)0.0 0.1 100% EVR-P54 EVR-P55 EVR-13 17.0 0.45 > 1.5-inch 2.1 2.1 94% EVR-P55 EVR-P13 EVR-13 39.7 0.45 X 10%1.20 > 1.5-inch 7.2 10.2 94% Net Reductions:EVR-P12 outflow 27.0 EVR-P13 outflow 13.8 EVR-P170 outflow 9.0 EVR-P17 (Long Lake) inflow 46.5 1 Reflects the estimated removal of TP from implementing each pond retrofit independently. Excludes increases in efficiency due to upstream retrofits. 2 Reflects the estimated increase in TP reduction at each location from Scenario 2 to Scenario 3 due to implementing all pond retrofits. Includes increases in efficiency due to upstream retrofits. Approx. % of Runoff Treated TP Load Reduction (lbs/yr)Storm Event Retained Watershed Area Potential IESF?Pond Natural Infiltration Rate (in/hr) Engineered bench? Engineered Infiltration Rate (in/hr) % of Perimeter Engineered Major subwshd.Flows To 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 33 Figure 12: Potential pond improvements (1 of 3). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 34 Figure 13: Potential pond improvements (2 of 3). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 35 Figure 14: Potential pond improvements (3 of 3). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 36 4.4. Private Large Site Retrofits The siting of Large Site Retrofits (large impervious areas) was based on a desktop review using aerial photography to identify and site potential parking lot improvements. Each minor watershed was reviewed to identify large impervious areas where implementation of LID practice retrofits could be implemented. Heads-up digitization of large impervious areas within each minor boundary resulted in the identification of six large parking lots ranging in size from 0.38 acres to 5.62 acres. Implementation of LID practices (e.g. porous asphalt parking, infiltration basins, and water harvesting) practices were simulated by modeling a 50% reduction in contributing area from these six sites. Recommended practices are in addition to several, previously publicly funded projects which were installed in these large impervious areas. Incorporation of LID practices take advantage of the watershed’s existing features (i.e., soils with a high infiltration capacity) and mimic natural hydrology and maximize infiltration. Furthermore, these types of practices can also be designed to be aesthetically pleasing, thereby maximizing property value. There is great variability in the type and cost of watershed BMPs that could potentially be implemented in the Long and Farquar Lake watersheds. While it is possible to reduce watershed TP loading, incorporation of LID practices on these six large sites alone will not achieve the required reductions needed for Long and Farquar Lake. A project cost for each site was estimated using typical BMP costs per unit volume of runoff treated, assuming that half of the treatment will be provided by rain gardens and the other half by infiltration trenches. The required treatment volume was estimated as the 1.1” runoff volume across the drainage area. These values were then used in conjunction with, in part, the unit costs found in the MPCA’s report (Minnesota Pollution Control Agency 2011) on BMP construction costs2, along with input from City staff. Estimated costs are shown in Table 8. Table 8. Large Parking Lot Retrofit Opportunities To further assess the benefits of a staged approach to implementation, a P8 simulation was performed to incorporate the large lot retrofits with the previous simulation that included road corridor improvements, the EVR-27 infiltration basin, and stormwater pond improvements. The 2 In addition, Weiss et al. (2005) found that the unit cost of “bioinfiltration filters” did not vary considerably with the scale of the BMP. Location Name Minor Subwatershed Parking Lot Area (ac) Treatment Volume (ft3)Approx. Cost Heritage Lutheran EVR-2 0.38 1,504 $10,100 Community of Christ EVR-6 0.63 2,505 $20,000 Heritage Lutheran EVR-7 0.46 1,837 $12,400 Christ Church EVR-1 1.99 7,945 $53,500 Falcon Ridge Middle School EVR-13 2.18 8,716 $58,700 Shepherd of the Valley EVR-180 5.62 22,429 $151,200 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 37 simulation showed an additional 1% or about 1.4 lbs of TP load reduction to Long Lake, and an additional 1.7% or 1.7 lbs of reduction to Farquar Lake. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 38 4.5. Riparian Buffer Quality Assessment The siting of nearshore BMPs (shoreline buffers) was based on review of aerial photography to evaluate the health of the shoreline area within 50 feet of the Ordinary High Water Line (OHWL) for Long and Farquar Lake. The 50 foot distance equates to the minimum buffer width requirement under the state of Minnesota’s Buffer Law, although it should be noted that this law is only required for agricultural lands. The City of Apple Valley requires a minimum of a 16.5 foot buffer zone on all new construction projects on Long and Farquar Lakes that require a plat. EOR staff began the visual assessment by intersecting a parcel shapefile with a 50 foot buffer of the OHWL for each lake using GIS. The portion of each parcel that intersected this 50 foot buffer was subsequently ranked qualitatively as follows: 1. High Quality – Consider protection BMPs such as Zoning Ordinances that limit development on high quality, forested buffers. 2. Medium Quality – Moderate priority for restoration BMPs, including shoreline buffers. 3. Low Quality – High priority for restoration BMPs, including shoreline buffers. Once each parcel had been assigned an appropriate ranking (Appendix B: Riparian Buffer Quality Assessment) the total area within each minor watershed with a low or medium quality buffer was determined. Next, the total area within the low/medium quality buffer area was divided by the total area within the minor watershed to determine the percentage of each minor watershed with low/medium quality buffers where shoreline buffers could be enhanced. This percentage was then multiplied by the total phosphorus (TP) load from the entire minor watershed from the P8 model to determine the TP load that could potentially be generated from this portion of each minor watershed boundary. The TP load generated from these low/medium quality buffer areas was then multiplied by the following equation developed by Nieber et al. (2011) in a study for the Minnesota Department of Transportation which can be used to estimate TP removal as a function of buffer width: TP removal efficiency (%) = 15.84 ln (buffer width in feet) + 5.9 The TP reduction achieved through incorporation of a 50 foot buffer upgrade on all existing low/medium quality buffers is shown in Table 9. Refer to Appendix B for a map of the Riparian Buffer Quality Assessment. Incorporation of shoreline buffers containing native perennial grasses, flowers, shrubs, and forbs helps to filter out phosphorus, nitrogen, and sediment. Shoreline buffers can also be designed to be aesthetically pleasing and often serve as valuable pollinator habitat when native wildflowers are incorporated. Restoration of shoreline buffers prevents shoreline erosion by absorbing wave action and reduces landowner maintenance, thereby allowing for more leisure time to relax and enjoy the fish and wildlife that also call the lakeshore home. There is great variability in the type and cost of shoreline improvements that could potentially be implemented in the nearshore areas around Long and Farquar Lake with low or medium quality buffers. While it is possible to reduce watershed TP loading through implementing 50 foot or greater buffers on all nearshore areas, incorporation of these nearshore BMPs alone will not achieve the required reductions needed for Long and Farquar Lake. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 39 Table 9. Near-shore BMP Opportunities To further assess the benefits of a staged approach to implementation, a P8 simulation was performed to incorporate the riparian buffers with the previous simulation that included road corridor improvements, the EVR-27 infiltration basin, stormwater pond improvements, and large lot retrofits. The simulation showed an additional 0.1% or about 0.2 lbs of TP load reduction to Long Lake, and an additional 0.3% or 0.3 lbs of reduction to Farquar Lake. Minor Watershed Buffer Size TP Reduction Efficiency Area (Ac) Length (ft) EVR- 14+17 (Long Lake Direct) 3.01 2622 68% EVR-170 1.79 1559 68% EVR-21 0.17 148 68% EVR-35 (Farquar Lake Direct) 3.97 3459 68% 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 40 4.6. Residential BMPs The siting of residential BMPs was based on a desktop analysis of recent, high resolution aerial photography to identify and site potential residential BMPs based on a review of the existing stormwater utility network. EOR staff did a virtual walkthrough of each roadway within the Long and Farquar watershed to review the approximate right-of-way and the street throughout the watershed. A total of 686 potential practices were identified, including roadside bioinfiltration (labeled simply “bioinfiltration device” in the figures that follow), tree trenches, backyard bioinfiltration, and opportunities for improvements (i.e. reducing imperviousness) in cul-de-sacs. Roadside bioinfiltration practices included potential street-scape focused practices (i.e., rain garden placed between the curb and sidewalk) located in areas with naturally permeable soils. Backyard bioinfiltration devices represented larger, bioinfiltration/detention basins which were located in communal areas. These areas captured runoff from a larger direct drainage area relative to the roadside bioinfiltration practices. Targeted locations for both roadside and backyard infiltration practices included sites where a potentially simplistic, site-integrated design could provide an opportunity for runoff infiltration, filtration, storage, and water uptake by vegetation which may include a raingarden, an infiltration area, a bio-filtration practice, or other appropriate BMP as determined during the site-specific design phase. These practices are shown within each major watershed in Figure 15 through Figure 22. The approximate drainage area to each type of residential BMP practice was delineated using LiDAR. Knowledge of the average drainage area to each BMP was used to derive sizing and associated cost estimates based on literature values for drainage ratios and per-unit-area construction costs for each BMP type. Unit costs for each BMP ranged between $1 and $14 per cubic foot of retention, with bioretention- type practices on the low end and porous pavement on the high end of that range. Individual project costs varied with size, but the average per project cost was around $28,800 for backyard bioinfiltration, $6,500 for a tree trench, $50,000 for a cul-de-sac improvement, and $3,300 for a roadside bioinfiltration basin. There is great variability in the type and cost of watershed BMPs that could potentially be implemented in the Long and Farquar Lake watersheds. For comparison purposes, the residential BMPs were broken down into four BMP types. The total number of BMPs within each BMP type and the cumulative reduction resulting from implementing these residential BMPs are separated by major watershed in Table 10 and further by minor subwatershed in Appendix D: Residential BMPs by Minor Subwatershed. While it is possible to reduce watershed TP loading, the return on investment for residential BMPs is often lower than other watershed BMPs; hence the lower prioritization placed on residential BMPs. To further assess the benefits of a staged approach to implementation, a P8 simulation was performed to incorporate the residential BMPs with the previous simulation that included road corridor improvements, the EVR-27 infiltration basin, stormwater pond improvements, additional 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 41 large lot retrofits, and riparian buffers. The simulation showed an additional benefit of 13.1% or about 18.3 lbs of TP load reduction at the inlet to Long Lake, and an additional 35% or 35 lbs of TP load reduction to Farquar Lake. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 42 Table 10. Residential BMPs by Major Watershed Roadside BioinfiltrationTree Trench/ Infiltration TrenchBackyard Bio-infiltrationPotential Cul-de-sac BMPRoadside Bioinfiltration Total CostTree Trench/ Infiltration Trench Total CostBackyard Bio-infiltration Total CostPotential Cul-de-sac BMP Total CostWatershed TP Load Export (lbs/year)Total Cost All BMPsTP Reduced to Downstream Pond (lbs)Cost ($)/lb of TPEVR12 42 197 6 24 $ 85 $ 1,170 $ 146 $ 910 286 $2,311,000 204 $11,300 EVR13 9 21 2 4 18$ 125$ 49$ 151$ 81 $343,000 17 $20,000 EVR17 5 1 0 0 10$ 6$ -$ -$ 92 $16,000 3 $5,400 EVR170 31 52 0 9 63$ 31$ -$ 340$ 41 $434,000 21 $20,500 EVR21 55 24 3 18 111$ 142$ 73$ 680$ 138 $1,006,000 38 $27,000 EVR35 6 6 0 0 12$ 36$ -$ -$ 148 $48,000 9 $5,000 EVR350 17 0 0 2 34$ -$ -$ 75$ 3 $109,000 1 $109,000 EVR351 12 1 0 1 24$ 6$ -$ 38$ 6 $68,000 3 $23,000 EVR352 53 67 0 18 107$ 400$ -$ 680$ 58 $1,187,000 27 $43,000 BMP Type (# of Practices)BMP Cost (Thousands of Dollars)Comparison Metrics Major Watershed 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 43 Figure 15: Potential residential BMP locations (1 of 8). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 44 Figure 16: Potential residential BMP locations (2 of 8). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 45 Figure 17: Potential residential BMP locations (3 of 8). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 46 Figure 18: Potential residential BMP locations (4 of 8). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 47 Figure 19: Potential residential BMP locations (5 of 8). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 48 Figure 20: Potential residential BMP locations (6 of 8). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 49 Figure 21: Potential residential BMP locations (7 of 8). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 50 Figure 22: Potential residential BMP locations (8 of 8). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 51 4.7. Street Sweeping Street sweeping practices were evaluated within the direct drainage area to Long and Farquar Lakes. Previous research on street sweeping practices has shown that monthly sweeping wi th a high-efficiency regenerative air (or comparable) sweeper was found to be the most cost-effective option with an average cost of $152/lb for phosphorus recovery compared to the baseline cost- efficiency of $205/lb associated with traditional mechanical broom sweepers (Kalinosky, et. al, 2015). It is also recommended that sweeping frequency be increased during the snow-free season. In order to calculate estimated solids and nutrient recovery, it was necessary to first determine the length of street surfaces located within each drainage area to Long and Farquar Lake. Tree canopy covers were visually inspected using 2016 color FSA aerial photographs of the drainage area. Areas of street with similar canopy cover were assigned a score of 1-5 corresponding to the range of canopy cover densities described in Table 11. Examples of tree canopy cover are provided below. Table 11. Tree Canopy Rating Scheme Assigned Score Canopy Description Over-Street Canopy Cover* 0 None None over street, very few or no immature tree in yards/lots. 0% 1 Very Low Immature trees near street, very little/no over street canopy, very low tree density in yards/lots. 2% 2 Low Some visible cover over the street, mostly immature trees, general low density of trees. 5% 3 Medium Visible cover over portions of the street, mix of immature and mature trees in yards/lots. 10% 4 Medium- High Visible canopy over portions of the street, fairly dense, uniform canopy across yards, or stands of mature tree in backyards/common areas. 14% 4.5 High Visible canopy along the majority of the street, uniform canopy of mature tree across yards/stands of mature trees in backyards/common areas. 18% 5 Very High Very dense canopy, canopy cover fairly continuous across lot and street boundaries on aerial photos. 25% *Based on comparison to quantified tree canopies in Prior Lake, MN (Kalinosky, et. al, 2013). 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 52 Total solids and nutrient recovery were estimated for streets located within the direct drainage areas of Long and Farquar Lake using a street sweeping planning calculator tool developed by the University of Minnesota ‘Estimating Nutrient and Solids Load Recovery through Street Sweeping’ (Kalinosky, et. al, 2014) under three, unique levels of effort. This methodology is superior to available method for estimating sediment and nutrient recovery in P8 because it takes into account the length of street miles swept, existing tree canopy, type of street sweeping equipment used, and is calibrated to data collected in Minnesota. 1. Seasonal sweeping – all streets are swept once in the spring and once in the fall. 2. Monthly sweeping – all streets are swept once per month during the snow-free season (taken as April – October). 3. Bi-weekly sweeping – all streets are swept twice per month during the snow- free season (April – October). In the monthly and bi-weekly sweeping scenarios, a sweeping season of April through October was assumed. For the initial sweeping event in each scenario (the first sweeping in April), load recovery was estimated as the average of predicted recovery for single sweepings in March and April. In the calculator tool, initial sweepings in these two months represent the high and low end of loading intensities encountered during spring cleaning operations. Pollutant load recovery estimated using the calculator tool depends on the density of over-street tree canopy cover. Total solids and phosphorus loading rates for each of the three defined levels of effort are outlined for a range of over-street tree canopy covers in Table 12. Street sweeping in the City of Apple Valley is done using both regenerative air and mechanical broom sweepers; currently, the cities’ fleet of sweepers includes one regenerative air sweeper – unit #324. As mentioned, mechanical broom sweepers have lower overall pick-up efficiency compared to higher efficiency technologies, such as regenerative air and vacuum assist street sweepers. The calculator tool used to estimate pollutant load recovery, however, is based on results for regenerative air technology. Previous research conducted in Edina and Prior Lake demonstrated that monthly sweeping with a high-efficiency regenerative air (or comparable) sweeper is the most cost-effective option. The analysis shown in Table 13 demonstrates that while the cost for sweeping would double, the TP removed increases by approximately 60% when going from monthly to bi-weekly sweeping. Monthly sweeping within the direct drainage area of Long and Farquar Lake from April through October using unit #324 could help to recover an estimated 39,367 pounds of total suspended loads (wet weight) and 23 pounds of total phosphorus. Actual pollutant reductions to Long/Farquar Lake (as opposed to pollutant recovery from streets) would be less as it is necessary to take into account pollutant removal through BMPs located along flow paths to priority waters. It should also be noted that regular street sweeping is expected to extend the useful life of structural BMPs by reducing solids loads. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 53 Table 12. Summary of sweeping zone characteristics including average over -street tree canopy cover and total curb-miles of street (length of street x 2). Major Drainage Minor Watershed Estimated Over-street % Canopy (weighted average) Curb-miles of Street in Direct Drainage Area Long Lake EVR-14 10% 0.78 EVR-17 14% 1.54 EVR-170 10% 7.48 Farquar Lake EVR -21 2% 3.32 EVR- 35 14% 2.92 Table 13. Estimated load recovery rates (lb/curb-mile/yr) for total wet solids and total phosphorus for three levels of effort, sweeping with a regenerative air (or comparable) sweeper. Seasonal Sweeping Monthly Sweeping Bi-weekly Sweeping Minor Watershed Curb-miles of Street Swept in Direct Drainage Area Over-street % Canopy Cover TS TP TS TP TS TP EVR-14 0.78 10% 793 0.5 1,930 1.1 3,169 1.8 EVR-17 1.54 14% 1,844 1.1 4,490 2.7 7,369 4.3 EVR-170 7.48 10% 7,605 4.6 18K 11.0 30K 17.6 EVR-21 3.32 2% 2,433 1.4 5,922 3.4 10K 5.5 EVR-35 2.92 14% 3,497 2.1 8,513 5.1 14K 8.2 Total 16 16K 9.7 39K 23 64K 37 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 54 5. RECOMMENDATIONS FOR IMPLEMENTATION STAGING Overall, combined implementation of the watershed BMPs identified could result in a reduction in TP loading to Long Lake of approximately 75.3 lbs (53.8%), as shown in Table 14, and a reduction in TP loading to Farquar Lake of approximately 43.1 lbs (43.1%), as shown in Table 15.3 It is important to note that the P8 model that is currently in use is not identical to the model used during the TMDL study, so the magnitude of the reductions presented here cannot necessarily be compared directly to the TMDL study numbers. To illustrate this point, consider that the overall watershed TP load to Long Lake from the TMDL study was 311 lbs/yr, while the overall watershed TP load from the current P8 model is just 140 lbs/yr.4 Therefore, to put these numbers in perspective it is helpful to compare instead the percent reductions from the TMDL report, which called for a 76% reduction in external TP loads to Long Lake and a 38% reduction in external TP loads to Farquar Lake. It is estimated that a 40% reduction in external loads to Long Lake has already been achieved through previous implementation, leaving just 36% to be achieved. If considered in this context, consulting Table 14 suggests that implementation of scenarios 1 and 3 alone may be enough to meet the external reduction goals for the Long Lake watershed. Since it is estimated that little progress has been made toward the (albeit relatively small) external load reductions needed to Farquar Lake, consulting Table 15 suggests that all scenarios identified here should be considered for implementation. One takeaway here is that, since the implementation of the residential BMPs appears to be generally the least cost-effective option, any program for incentivizing implementation of these practices should be focused on the direct tributary areas to Farquar Lake. As indicated in Table 14 and Table 15, several of the scenarios that are likely to be less cost-effective should be considered for implementation on an “as feasible” basis, i.e. when favorable circumstances arise (such as BMP integration as part of another project, when costs are likely to be lower). All in all, although it is difficult to accurately quantify the expected impacts numerically given all of the different methods used in estimating both the goals and the potential reductions, these results do suggest that implementing the practices identified in this report could result in substantial progress towards the TMDL goals. 3 The potential external load reduction to Farquar Lake resulting from load reductions to Long Lake was not estimated, since it depends on the extent of reductions to both external and internal loading to Long Lake. However, the existing load was estimated at 109 lbs/yr based on 2013-2016 monitoring data, so any significant reductions to Long Lake’s loading will in turn be of significant benefit to Farquar Lake. When compared with the 185 lbs/yr load from the TMDL study, the monitoring suggests that substanti al progress due to implementation of past projects is potentially already being realized. 4 Several attempts were made to run the model during different periods to match the original TMDL results, but from the models we received it was not possible to tra ce the changes that produced these differences. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 55 Table 14: Estimated TP reduction for combined BMP implementation at Long Lake Table 15: Estimated TP reduction for combined BMP implementation at Farquar Lake It is also worth noting that the P8 model is not capable of adequately simulating the impacts from many of the projects that are currently in place, such as the iron-enhanced sand filter near EVR-P8. For these types of practices, the model can be (and has been) used to explicitly assign reductions based on expected performance, but since simulating the complex physical functions of the practices is beyond the capability of the model, things like treatment train impacts are not predicted. As discussed earlier in the report, it is expected that while the overall annual loads to these existing practices may decrease as a result of the implementation of upstream practices, the percentage of discharge from upstream that an existing practice will be able to treat will increase. Therefore, while it is difficult to say broadly that a practice will retain its present -day performance, it is possible (if not likely) that the efficiency of treatment of an individual practice will actually increase as a consequence of implementing volume retention practices elsewhere in the watershed. For this reason, the presence of an existing practice should not discourage the City from implementing practices higher up in the watershed, especially infiltration practices. Implementation is always subject to access to the sites and the reduced costs of combining and coordinating efforts, so timing will also be dictated by other factors such as the timing of road reconstruction work. So, while the practices identified in this report have been prioritized, given potential unforeseen constraints these projects may also be viewed as an a la carte menu of projects that can be implemented wherever circumstances are amenable. Also, since this is a high-level review, maintaining flexibility throughout feasibility and construction of these practices (along with being watchful for additional opportunities) is prudent, and will likely result in even better returns on investment than what has been estimated in the report. Scenario1 Overall2 Scenario1 Overall2 1 Johnny Cake Ridge Road Reconstruction 8.9 8.9 6.4%6.4%100% 3 Stormwater Pond Infiltration Benches 46.5 55.4 33.2%39.6%100% 4 Large Site Retrofits 1.4 56.8 1.0%40.6%As feasible 5 Riparian Buffers 0.2 57 0.1%40.7%As feasible 6 Residential BMPs 18.3 75.3 13.1%53.8%As feasible 1 Represents the BMP reduction. 2 Represents the cumulative reduction of the BMP and the preceding scenarios. *Practices above the dotted line are estimated to be sufficient to meet the TMDL external load reduction goal, 36% of which is estimated to remain at the time of this report. TP Reduction Estimate (lbs/yr) Scenario TP Reduction Estimate (%) Description Target % to Implement Scenario1 Overall2 Scenario1 Overall2 2 Priority Infiltration Basin 6.1 6.1 6%6.1%100% 4 Large Site Retrofits 1.7 7.8 1.7%7.8%100% 5 Riparian Buffers 0.3 8.1 0.3%8.1%100% 6 Residential BMPs 35 43.1 35.0%43.1%As feasible 1 Represents the BMP reduction. 2 Represents the cumulative reduction of the BMP and the preceding scenarios. *Practices above the dotted line are estimated to be sufficient to meet the TMDL external load reduction goal for Farquar Lake, assuming the Long Lake outflow reduction goals are met. TP Reduction Estimate (lbs/yr)TP Reduction Estimate (%)Target % to ImplementScenarioDescription 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 56 As alluded to elsewhere in this report, viewing the entire watershed in the context of the treatment train concept – where implementing BMPs higher up in the watershed can increase the efficiencies of both new and existing BMPs downstream – is crucial, particularly in a mostly developed watershed with limited opportunities for the construction of centralized, regional-scale stormwater management facilities. By using a watershed-wide approach, incremental, small-scale improvements such as residential rain gardens and roadside BMPs can have a significant and measureable impact on both pollutant reduction and overall runoff volume reduction that is reflected at the site of raindrop impact, at Long and Farquar Lakes, and at every point in between. Only through imagining this watershed as it once was – the infrequency with which flooding and discharge likely occurred, and the stable habitat it provided for innumerable species – can we begin to close the gap between the behavior of stormwater in an urban environment and a natural one. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 57 Figure 23. Landlocked Potential- Post Implementation 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 58 Recommendations for prioritization and staging include both short-term (5-year) and medium- term (10-year) timelines and incorporate both in-lake strategies and watershed BMP implementation. These strategies are outlined generally below, as well as detailed in Table 16. 0-5-years Watershed BMPs 1. Johnny Cake Ridge Road corridor BMPs 2. Outlet modifications and infiltration benches on EVR-P7 and EVR-P55 3. Infiltration basin improvement/expansion on EVR-P27 4. Pursue implementation of residential BMPs in cooperation with individual landowners through cost-sharing or other incentive program(s) In-Lake Treatment 1. Continue curlyleaf pondweed treatments 2. Continue fisheries management 3. Long Lake drawdown in 2018 5 - 10-years Watershed BMPs 1. Continue incorporation of BMPs into road corridor reconstruction projects 2. Pursue implementation of additional outlet modifications and infiltration benches 3. Large lot retrofit projects in EVR-13 and EVR-180 4. Pursue implementation of residential BMPs in cooperation with individual landowners through cost-sharing or other incentive program(s) In-Lake Treatment 1. Farquar Lake alum treatment 2. Continue fisheries management 3. Long Lake drawdown (year 10 of the first 10-years of implementation of this plan) 4. Continue curlyleaf pondweed treatments 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 59 Table 16: Implementation staging table. Long Lake drawdown 2018 and at 5 year intervals Nominal Cost Outlet structure already installed. City ould consider using pump to further lower the lake level and thus improve the effectiveness of the drawdown Johnny Cake Ridge Road corridor BMPs With road re-construction project $500,000 - $850,000 TP reduction was evaluated for EVR-12 and EVR-13 to be 29.7 lbs overall EVR-P7 Outlet modifications and infiltration benches 0-5 Years $63,000 - $102,000 Includes outlet modification and engineered infiltration bench; estimated reduction 15.1 lbs/yr (pond export) EVR-P55 Outlet modifications and infiltration benches 0-5 Years $38,000 - $61,500 Includes outlet modification and engineered infiltration bench; estimated reduction 13.6 lbs/yr (pond export) EVR-P27 Infiltration basin improvement/expansion 0-5 Years $158,000 - $257,000 Efficacy depends on the scale of the improvement; estimated reduction at least 6.1 lbs/yr at Farquar Lake Long Lake Fish Kill 0-5 Years $10,500/treatment $229/acre for 35.3 acres of Long Lake and 10 acres of upstream ponds EVR-P1 Outlet Modifications 5-10 Years $7,300 - $12,000 Estimated reduction 7.7 lbs/yr (pond export) EVR-P2 Outlet Modifications 5-10 Years $7,300 - $12,000 Estimated reduction 21.4 lbs/yr (pond export) EVR-P11 Outlet Modifications 5-10 Years $7,300 - $12,000 Estimated reduction 0.8 lbs/yr (pond export) EVR-P50 Outlet Modifications 5-10 Years $7,300 - $12,000 Estimated reduction 9.3 lbs/yr (pond export) Shepard of the Valley Stormwater Retrofit 5-10 Years $151,200 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Farquar Lake alum treatment 5-10 Years $65,000 - $100,000/treatment Based on the 2010 estimate in 2017 dollars EVR-P4 Outlet Modifications and Infiltration Benches 10-20 Years $38,000 - $61,500 Includes outlet modification and engineered infiltration bench; estimated reduction 27.8 lbs/yr (pond export) EVR-P5 Outlet Modifications 10-20 Years $7,300 - $12,000 Estimated reduction 14.8 lbs/yr (pond export) EVR-P10 Outlet Modifications and Infiltration Benches 10-20 Years $38,000 - $61,500 Includes outlet modification and engineered infiltration bench; estimated reduction 17.9 lbs/yr (pond export) Falcon Ridge Middle School Stormwater Retrofit 10-20 Years $58,700 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Heritage Lutheran Stormwater Retrofits 10-20 Years $22,500 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Community of Christ Stormwater Retrofits 10-20 Years $20,000 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Christ Church Stormwater Retrofits 10-20 Years $53,500 Estimated reduction 1.4 lbs/yr to Long Lake and 1.7 lbs/yr to Farquar Lake for large lot retrofits combined Long Lake Curlyleaf Pondweed Treatment On-going Program $4000.00 per year $550 per acre, by contractor. Maximum treatment area = 15% of littoral zone, or 5.1 acres. Includes $1K for annual CLP survey Long Lake Fisheries Management On-going Program Farquar Lake Curlyleaf Pondweed Treatment On-going Program $7,000 per year $550 per acre, by contractor. Maximum treatment area = 15% of littoral zone, or 9.5 acres. Includes $2K for annual CLP survey Farquar Lake Fisheries Management On-going Program Farquar Lake Winter Aeration On-going Program Electrical fees (variable)System installed in 2006 Fish Surveys Bi-Annual $3,000-$4,000/year Based on previous City costs. Includes reporting. Game fish stocking based on results of fish surveys Bi-Annual $2,000/year 2 Pound per Littoral Acre = 70 lbs. 10 fish per pound = 700 lbs. Cost per pound for 6-9” Walleye $2.85 Rough Fish Removal (based on results of fish survey)Bi-Annual $10,000/harvest Based on previous City costs Fish Surveys Bi-Annual $3,000-$4,000/year Based on previous City costs. Includes reporting. Rough Fish Removal (based on results of fish survey)As needed $10,000/harvest Based on previous City costs Watershed-wide Residential BMPs Riparian Buffer Improvements Improved Street Sweeping On-going Program No additional cost Continuation of existing City street sweeping with targetted focus 140th Street Corridor BMPs Reserve for if reconstruction occurs $800,000 - $1,400,000 TP reduction was evaluated for EVR-12 and EVR-13 to be 29.7 lbs overall Pilot Knob Road Corridor BMPs Reserve for if reconstruction occurs $800,000 - $1,400,000 TP reduction was evaluated for EVR-12 and EVR-13 to be 29.7 lbs overall McAndrews Road Corridor BMPs Reserve for if reconstruction occurs $900,000 - $1,600,000 TP reduction was evaluated for EVR-12 and EVR-13 to be 29.7 lbs overall $10,000 per year In cooperation with individual landowners through cost-sharing or other incentive program(s)On-going Program CommentsImplementation Activity Timeline Cost Road Corridor BMPs In-Lake Management Stormwater Pond Infiltration Benches Private Large Lot Redevelopment Priority Infiltration Basin Residential BMPs/Buffers/Sweeping 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 60 6. CITATIONS Minnesota Pollution Control Agency. 2011. “Best Management Practices Construction Costs, Maintenance Costs, and Land Requirements.” Minnesota Pollution Control Agency. Nieber, John, Caleb Arika, Chris Lenhart, and Mikhail Titov. 2011. “Evaluation of Buffer Width on Hydrologic Function, Water Quality, and Ecological Integrity of Wetlands.” Weiss, Peter T., John S. Gulliver, and Andrew J. Erickson. 2005. “The Cost Effectiveness of Stormwater Management Practices.” MN/RC – 2005-23. St. Paul, MN: Minnesota Department of Transportation. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 61 7. APPENDIX A: STORMWATER POND IMPROVEMENTS COST ESTIMATE JOB NO. REVISED: LINE ITEM MN/DOT SPEC. NO.BASE BID ITEM UNIT ESTIMATED QUANTITY VERIFIED QUANTITY UNIT PRICE TOTAL AMOUNT 1 2021.501 MOBILIZATION LS 1 $13,000.00 13,000.00$ 2 2506.502 EXISTING POND OUTLET RETROFIT W/CONTROL STRUCTURE & ADJUSTMENT EA 13 $3,000.00 39,000.00$ 3 2573.550 MISCELLANEOUS EA 1 $11,200.00 11,200.00$ $ 63,200.00 30% $ 18,960.00 $ 82,160.00 10% $ 8,216.00 20% $ 16,432.00 5% $ 4,108.00 10% $ 8,216.00 $ 36,972.00 $ 119,132.00 -20% $ 95,305.60 30% $ 154,871.60 ***This feasibility-level (Class 5, 0 to 2% design completion per ASTM E 2516-06) cost estimate is based on feasibility-level designs, alignments, quantities and unit prices. Costs will change with further design. Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of completion of design, but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +30%. The accuracy range is based on professional judgement considering the level of design completed, the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. PROFESSIONAL FEES TOTAL TOTAL PROJECT COST ESTIMATED ACCURACY RANGE*** $ (23,826.40) $ 35,739.60 CONSTRUCTION SUBTOTAL: CONSTRUCTION CONTINGENCY CONSTRUCTION TOTAL PLANNING (GEOTECHNICAL ANALYSIS, EASEMENT REVIEW, WETLAND DETERMINATION, CONSTRUCTION ACCESS, ETC.) ENGINEERING AND DESIGN PERMITTING AND APPROVALS BIDDING & CONSTRUCTION ADMINISTRATION 01278-0002 Sunday, October 15, 2017 MODIFIED POND OUTLET SCHEDULE OF QUANTITIES AND ENGINEER'S OPINION OF PROBABLE PROJECT COST CITY OF APPLE VALLEY APPLE VALLEY, MINNESOTA LONG FARQUAR LAKES IP UPDATE OPTION: MODIFIED POND OUTLET FOR 13 LOCATIONS PREPARED BY EMMONS & OLIVIER RESOURCES, INC. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 62 JOB NO. REVISED: LINE ITEM MN/DOT SPEC. NO.BASE BID ITEM UNIT ESTIMATED QUANTITY VERIFIED QUANTITY UNIT PRICE TOTAL AMOUNT 1 2021.501 MOBILIZATION LS 1 $37,000.00 37,000.00$ 2 2101.501 CLEARING AC 0.20 $25,000.00 5,000.00$ 3 2101.506 GRUBBING AC 0.20 $25,000.00 5,000.00$ 4 2105.501 COMMON EXCAVATION W/ HAUL CY 533 $25.00 13,333.33$ 5 2451.503 WASHED SAND FOR SAND FILTER (CV)CY 373 $45.00 16,794.00$ 6 SPECIAL 45-MIL EPDM LINER SY 320 $22.00 7,045.87$ 7 2451.503 WASHED SAND OVER FILTER (CV)CY 53 $45.00 2,402.00$ 8 2451.509 WASHED AGGREGATE FOR DRAINAGE UNDER FILTER CY 89 $62.00 5,515.70$ 9 2451.503 WASHED SAND FOR IES FILTER (CV)CY 160 $48.00 7,686.40$ 10 SPECIAL IRON FILINGS (5%)LB 32027 $0.80 25,621.33$ 11 2502.541 8" PERFORATE HDPE DRAINTILE W/NO SOCK LS 288 $25.00 7,206.00$ 12 2502.573 8" CLEAN OUT W/DUCTILE IRON FOME LOCKING GRATE EA 4 $750.00 3,000.00$ 13 2502.573 8" VALTERRA KNIFE GATE VALVE AND 16" PVC HOUSING EA 2 $2,000.00 4,000.00$ 14 2573.550 EROSION AND SEDIMENT CONTROL ALLOWANCE ALL 1 $15,000.00 15,000.00$ 15 2575.555 VEGETATION ESTABLISHMENT AC 0.20 $20,000.00 4,000.00$ $ 158,604.64 30% $ 47,581.39 $ 206,186.03 10% $ 20,618.60 20% $ 41,237.21 5% $ 10,309.30 10% $ 20,618.60 $ 92,783.71 $ 298,969.74 -20% $ 239,175.79 30% $ 388,660.66 PREPARED BY EMMONS & OLIVIER RESOURCES, INC. OPTION: INFILTRATION BENCH MODIFICATION FOR 5 LOCATIONS WITH IRON ENHANCEMENT AT 2 LOCATIONS SCHEDULE OF QUANTITIES AND ENGINEER'S OPINION OF PROBABLE PROJECT COST CITY OF APPLE VALLEY APPLE VALLEY, MINNESOTA LONG FARQUAR LAKES IP UPDATE 01278-0002 Sunday, October 15, 2017 INFILTRATION BENCH MODIFICATION W/IRON ENHANCEMENT FOR TWO BENCHES** CONSTRUCTION SUBTOTAL: CONSTRUCTION CONTINGENCY CONSTRUCTION TOTAL PLANNING (GEOTECHNICAL ANALYSIS, EASEMENT REVIEW, WETLAND DETERMINATION, CONSTRUCTION ACCESS, ETC.) ENGINEERING AND DESIGN PERMITTING AND APPROVALS BIDDING & CONSTRUCTION ADMINISTRATION PROFESSIONAL FEES TOTAL TOTAL PROJECT COST ESTIMATED ACCURACY RANGE*** $ (59,793.95) $ 89,690.92 ***This feasibility-level (Class 5, 0 to 2% design completion per ASTM E 2516-06) cost estimate is based on feasibility-level designs, alignments, quantities and unit prices. Costs will change with further design. Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of completion of design, but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +30%. The accuracy range is based on professional judgement considering the level of design completed, the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. **Area of sand filter and iron sand filter increased 20% to provide additional BMP area to increase capacity and accommodate potential clogging. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 63 JOB NO. REVISED: LINE ITEM MN/DOT SPEC. NO.BASE BID ITEM UNIT ESTIMATED QUANTITY VERIFIED QUANTITY UNIT PRICE TOTAL AMOUNT 1 2021.501 MOBILIZATION LS 1 $18,000.00 18,000.00$ 2 2101.501 COMMON EXCAVATION W/HAUL CY 4000 $18.00 72,000.00$ 3 2573.550 EROSION AND SEDIMENT CONTROL ALLOWANCE ALL 1 $10,000.00 10,000.00$ 4 2575.555 VEGETATION ESTABLISHMENT AC 0.50 $10,000.00 5,000.00$ $ 105,000.00 30% $ 31,500.00 $ 136,500.00 10% $ 13,650.00 20% $ 27,300.00 5% $ 6,825.00 10% $ 13,650.00 $ 61,425.00 $ 197,925.00 -20% $ 158,340.00 30% $ 257,302.50 PREPARED BY EMMONS & OLIVIER RESOURCES, INC. SCHEDULE OF QUANTITIES AND ENGINEER'S OPINION OF PROBABLE PROJECT COST CITY OF APPLE VALLEY APPLE VALLEY, MINNESOTA LONG FARQUAR LAKES IP UPDATE OPTION: INFILTRATION BASIN IMPROVEMENT 01278-0002 Sunday, October 15, 2017 INFILTRATION BASIN IMPROVEMENT CONSTRUCTION SUBTOTAL: CONSTRUCTION CONTINGENCY CONSTRUCTION TOTAL PLANNING (GEOTECHNICAL ANALYSIS, EASEMENT REVIEW, WETLAND DETERMINATION, CONSTRUCTION ACCESS, ETC.) ENGINEERING AND DESIGN PERMITTING AND APPROVALS BIDDING & CONSTRUCTION ADMINISTRATION PROFESSIONAL FEES TOTAL TOTAL PROJECT COST ESTIMATED ACCURACY RANGE*** $ (39,585.00) $ 59,377.50 ***This feasibility-level (Class 5, 0 to 2% design completion per ASTM E 2516-06) cost estimate is based on feasibility-level designs, alignments, quantities and unit prices. Costs will change with further design. Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of completion of design, but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +30%. The accuracy range is based on professional judgement considering the level of design completed, the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 64 LEVEL OF PROJECT DEFINITION (EXPRESEES AS % OF COMPLETE DEFINITION) PERCENTAGE ENGINEERING COMPLETED 0% TO 5% 5% TO 15% 15% TO 60% 60% TO 100% 100% SCHEDULE OF QUANTITIES AND ENGINEER'S OPINION OF PROBABLE PROJECT COST PARAMETERS FOR ACCURACY ESTIMATE CLASS ACCURACY RANGE 5 0% TO 2% -20% TO -30% +30% TO +50% 4 1% TO 15% -10% TO -20% +20% TO +30% 3 10% TO 40% -5% TO -15% +10% TO +20% 2 30% TO 70% -5% TO -10% +5% TO +15% 1 50% TO 100% -3% TO -5% +3% TO +10% ***THIS PROJECT PHASE PARAMETERS FOR CONSTRUCTION CONTINGENCY PHASE OF PROJECT APPLICABLE CONSTRUCTION CONTINGENCY PERCENTAGE (%) FUNDING, SCOPE AND BUDGET 30.00% SCHEMATIC DESIGN 25.00% PRELIMINARY 20.00% FINAL 10.00% CONSTRUCTION 5.00% ***THIS PROJECT PHASE Note: The contigency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 65 8. APPENDIX B: RIPARIAN BUFFER QUALITY ASSESSMENT Figure 24. Buffer Quality Assessment – Farquar Lake Watersheds EVR-21, EVR-35 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 66 Figure 25. Buffer Quality Assessment – Long Lake Watershed EVR-170 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 67 Figure 26. Buffer Quality Assessment – Long Lake Watersheds EVR-14, EVR-17 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 68 9. APPENDIX C: JOHNNY CAKE RIDGE ROAD INTERIM MEMO AND BMP EXAMPLES 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 69 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 70 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 71 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 72 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 73 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 74 10/16/17 EOR : w a t e r | e c o l o g y | c o m m u n i t y Page | 75 10. APPENDIX D: RESIDENTIAL BMPS BY MINOR SUBWATERSHED Minor Watershed Roadside Rain Garden Cul-de-sac Improvement Tree Trench Backyard Bio- infiltration Minor Watershed Reduction Efficiency (%) Minor Watershed TP Load Export (lbs/year) Bio-infiltration Device /Rain Garden Total Cost Porous Pavement/ Roundabout LID Total Cost Cost Tree Trench/ Infiltration Trench Total Cost Cost Wet Detention Basin Total Cost Cost All BMPs Total Area (Acres) Treated All BMPs Minor Watershed Area Percent of Watershed Treated EVR-10 13 3 12 0 39%16.4 $26,305 $113,312 71,225 $0 $210,841 29 74 39% EVR-11 4 1 2 0 7%63.4 $8,094 $37,771 $11,871 $0 $57,735 8 16 48% EVR-12 5 3 9 0 26%54.9 $10,117 $113,312 $53,419 $0 $176,848 22 61 36% EVR-13 1 1 6 0 14%50.6 $2,023 $37,771 $35,612 $0 $75,406 10 84 12% EVR-14 4 0 0 0 65%1.3 $8,094 $0 $0 $0 $8,094 2 26 8% EVR-151 5 3 4 0 43%3.5 $10,117 $113,312 $23,742 $0 $147,171 17 23 72% EVR-17 1 0 1 0 32%90.7 $2,023 $0 $5,935 $0 $7,959 2 83 2% EVR-170 13 3 36 0 49%21.4 $26,305 $113,312 $213,674 $0 $353,291 53 96 55% EVR-18 10 3 11 0 52%15.9 $20,234 $113,312 $65,289 $0 $198,836 27 66 40% EVR-19 25 5 4 3 59%18.7 $50,586 $188,853 $23,742 $72,843 $336,024 40 170 24% EVR-190 1 0 0 0 32%3.9 $2,023 $0 $0 $0 $2,023 1 46 1% EVR-2 2 4 74 0 64%6.9 $4,047 $151,083 $439,219 $0 $594,348 84 84 100% EVR-20 8 0 0 0 61%2.9 $16,187 $0 $0 $0 $16,187 4 29 14% EVR-21 7 6 7 0 22%62.4 $14,164 $226,624 $41,548 $0 $282,336 32 64 49% EVR-210 4 3 2 0 21%32 $8,094 $113,312 $11,871 $0 $133,276 15 58 25% EVR-211 0 1 0 0 57%1.7 $0 $37,771 $0 $0 $37,771 4 6 58% EVR-22 7 2 0 0 94%0.3 $14,164 $75,541 $0 $0 $89,705 11 41 26% EVR-26 12 2 6 0 86%6.4 $24,281 $75,541 $35,612 $0 $135,435 19 80 24% EVR-27 7 8 42 0 53%27.3 $14,164 $302,165 $249,286 $0 $565,616 74 91 81% EVR-29 29 5 19 0 77%13.6 $58,679 $188,853 $112,772 $0 $360,305 51 113 45% EVR-30 4 3 0 0 77%1.7 $8,094 $113,312 $0 $0 $121,406 13 38 33% EVR-35 6 0 6 0 20%147.9 $12,141 $0 $35,612 $0 $47,753 9 142 6% EVR-350 10 0 0 0 75%2.5 $20,234 $0 $0 $0 $20,234 5 42 12% EVR-351 12 1 1 0 0%6 $24,281 $37,771 $5,935 $0 $67,987 11 22 49% EVR-352 1 0 0 0 46%8.5 $2,023 $0 $0 $0 $2,023 1 7 7% EVR-4 24 6 17 5 40%25.6 $48,562 $226,624 $100,902 $121,406 $497,494 60 84 71% EVR-5 4 2 68 0 39%12.5 $8,094 $75,541 $403,606 $0 $487,242 77 79 97% EVR-50 2 1 0 2 61%3.5 $4,047 $37,771 $0 $48,562 $90,380 9 40 21% EVR-51 4 2 0 0 30%6.7 $8,094 $75,541 $0 $0 $83,635 9 23 40% EVR-54 1 0 15 0 54%2.1 $2,023 $0 $89,031 $0 $91,054 16 17 91% EVR-55 1 0 0 0 51%18.2 $2,023 $0 $0 $0 $2,023 1 40 1% EVR-7 3 6 27 1 21%59.3 $6,070 $226,624 $160,256 $24,281 $417,231 52 80 64% EVR-8 0 2 0 0 8%63.6 $0 $75,541 $0 $0 $75,541 7 29 24% I T E M: 4.I . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Split of S ingle Tax Parcel into Two Tax L ots f or L ots 4 and 5, B lock 1, T he Woods (12816 Denmark Avenue) S taff Contact: K athy Bodmer, A I C P D epartment / Division: C ommunity D evelopment Department Applicant: Galloway Holdings dba S tone River Homes P roject Number: Applicant Date: 1/13/2017 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Adopt resolution approving the split of a single tax parcel into two tax lots for Lots 4 and 5, Block 1, T he Woods (12816 Denmark Avenue). S UM M ARY: Galloway Holdings dba Stone River Homes, owns the property located at 12816 Denmark Ave and legally described at Lots 4 and 5, Block 1, T HE WO O D S. At some point in time, the two parcels were combined into a single tax identification number. A home is constructed on the southern lot, Lot 5, and is served by a driveway that crosses both Lots 4 and 5. Stone River Homes requests that the County assign separate tax identification numbers to each of the platted lots. T his will allow Lot 4 to be sold for construction of a new home. B AC K G RO UND : T he subject single family property currently includes two platted lots of record, Lots 4 and 5, Block 1 T HE WO O D S, and is assigned a single tax identification number. A single family home was constructed on Lot 5, the southern parcel, in 1974. T he petitioner wishes to separate the two parcels to create a new lot for construction of a new home on Lot 4, Block 1. In order to do that, it is necessary for the C ounty to assign separate tax identification numbers for each of the lots. T he County requires that the C ity review and approve requests for separation of tax identification parcels. T he subject parcels are part of T he Woods subdivision which was approved by the Lebanon Township Board of Supervisors on August 29, 1968. T he properties are currently located within the “R-1” (Single family residential, min. lot 40,000 sq. ft.) zoning district. As platted, Lot 4 is approximately 57,694 sq. ft. and Lot 5 is 57,750 sq. ft. Both lots meet the requirements of the R-1 zoning district. T he home on Lot 5 is currently accessed from a shared driveway over Lot 4. T he garage elevation is currently 17’ above the curb elevation, which makes it challenging for the owner to establish a driveway that does not exceed a 10% grade. A separate driveway is required to serve the existing home. T he proposed site survey shows that the builder will need to construct extensive retaining walls along the sides of the driveway and will need to move the garage doors in order to meet the 10% maximum grade requirement. Planning staff finds that the requested split of the single tax ID into two tax parcels would allow for two lots that are similar in size with the other lots in the neighborhood. T herefore, staff is recommending approval of the separation of the single tax parcel into two tax parcels with conditions as outlined in the draft resolution. T he lot will require removing trees for the driveway and house location, consistent with the survey. Staff has encouraged the developer to retain other trees on the site. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Map R esolution Survey Survey SITEAPPLE VALLEYROSEMOUNTProposed Tax ID Split DORY AVEDENMARK AVE W129TH ST W 128TH ST W DEEPWOODS CTLOTS 4 & 5 THE WOODSTAX ID SPLIT µ LOCATION MAP ^ SITE P R-1 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-1 R-1 R-3 R-1 R-3 R-1 M-7C M-7C M-7C M-4C PILOT KNOB RDMCANDREWS RD DIAMOND PATH DOV ER DR D O R CHESTERTRLDORY AVE129TH ST W DENMARK AVE1 2 7 T H STW DRIFTWOOD LN 128TH ST WDUR HA MWAYEDEN CTµ LOTS 4 & 5THE WOODSTAX ID SPLIT ZONING MAP ^ OBLIQUE AERIAL SITE CITY OF APPLE VALLEY RESOLUTION NO. 2017 - ___ SPLIT SINGLE TAX PARCEL INTO TWO TAX LOTS LOTS 4 AND 5, BLOCK 1, THE WOODS WHEREAS, the final plat of THE WOODS was approved b y the Lebanon Township Board on August 29, 1968; and WHEREAS, Lots 4 and 5, Block 1, THE WOODS were combined as a single tax parcel number, 01-84700-01-050, by Dakota County; and WHEREAS, Lots 4 and 5, Block 1, THE WOODS are two Lots of Record as defined in Chapter 155 of the City Code; and WHEREAS, in order for Lot 4 and 5, Block 1, to be conveyed as separate lots, each lot must be assigned a separate tax identification number by Dakota County; and WHEREAS, Dakota County requires approval of the City to create separate tax identified lots; and WHEREAS, the City has reviewed the proposed separation of these two lots for tax identification purposes and finds that it is consistent with City codes and ordinances, subject to the provisions noted below. NOW THEREFORE, the City of Apple Valley hereby requests that Dakota County proceed with establishing separate tax lots for Lots 4 and 5, Block 1, THE WOODS with the following conditions: 1. No building permit shall be issued until Dakota County assigns new separate tax identification numbers for Lots 4 and 5, Block 1, THE WOODS. 2. Separate lot surveys shall be submitted at the time of application of the building permit for each of the lots. 3. A storm water management plan shall be submitted at the time of application of the Natural Resources Management Permit (NRMP) subject to final review and approval by the City Engineer. 4. All tree removal and grading shall be conducted in conformance with a Natural Resources Management Permit (NRMP) to be submitted to and approved by the City Engineer. 5. A driveway shall be installed on Lot 5, Block 1 and the existing driveway across Lot 5 shall be removed and fully restored in accordance with the approved 2 NRMP. A cash deposit of $5,500 shall be delivered to the City as security for the removal and installation. The driveway installation and restoration must be final inspected and approved by the City Engineer, prior to release of the certified resolution authorizing the tax identification lot split for recording at Dakota County. 6. All construction must comply with all City Code requirements. 7. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. ADOPTED this 26th day of October, 2017. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council and the resolution described therein is hereby released for recording with the Dakota County Recorder this _____ day of __________________, ______. ____________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.J . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Site P lan/B uilding Permit Authorization f or 9,880 S q. F t. Office and Classroom A dditions and Parking L ot I mprovements at Cedar P ark E lementary (7500 W hitney Drive) S taff Contact: K athy Bodmer, A I C P, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: I ndependent S chool D istrict 196 P roject Number: P C17-30-B Applicant Date: 8/23/2017 60 Days: 10/21/2017 120 Days: 12/20/2017 AC T I O N RE Q UE S T E D: Adopt resolution approving Site Plan/Building Permit Authorization for 9,880 sq. ft. office and classroom additions and parking lot improvements at C edar Park Elementary (7500 Whitney Drive). S UM M ARY: ISD 196 requests consideration of Site Plan Review/Building Permit A uthorization to construct two building additions and parking and circulation improvements at C edar Park Elementary School at 7500 Whitney Drive. Independent School District 196 is undertaking a District-wide school improvement program to update and enhance building security and to improve traffic circulation within school sites. T he two additions proposed for C edar Park Elementary include a 4-classroom addition of 6,880 sq. ft. on the west side of the building and an office/front entrance addition of approximately 3,000 sq. ft. on the east side of the building. A new bus loop and parking area is proposed to be constructed on the west side of the building to separate bus circulation from parent pick-up and drop-off activities. Access to the site will be modified by removing the two existing drive entrances off of Whitney Drive and placing a single drive access in the middle of where the existing drives are located today. T he City Engineer recommends that the driveway be shifted to the location of the west existing driveway, because it will remove a decision point and allow for smoother circulation through the site. T he Planning Commission recommendation included two recommendations for sidewalk connections. One would provide a connection from the west parking lot around the perimeter of the proposed infiltration area around to the trail on the west side of the basin. T he sidewalk is intended to discourage cutting through the infiltration basin to access the play fields to the west. T he second sidewalk connection is recommended from a sidewalk on the southwest corner of the building to C edar Avenue. Two short segments could be added that would provide a connection to the C edar Ave sidewalk. T he C ity does not have a parking requirement for elementary schools. Staff has used a recommended parking formula that would require one space for every four students and one space for every three employees. For this project, the total minimum number of parking spaces required would be 207; 106 spaces are provided on site. T he School District states that the C ity’s parking calculation is very high compared to other communities and provides a review of neighboring communities' parking requirements. Staff is comfortable that the parking provided will be sufficient for the site. B AC K G RO UND : At its meeting of September 6, 2017, the Apple Valley Planning C ommission voted unanimously to recommend approval of the project with conditions. T he attached draft resolution approves the project in accordance with the Planning Commission recommendation. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material R esolution Memo Map Plan S et Applicant L etter Cedar Park Elementary Improvements PROJECT REVIEW Existing Conditions Property Location: 7500 Whitney Drive Legal Description: (Per Warranty Deed Doc. No. 360219) The South 3/4ths of the Southeast 1/4th of the Northwest 1/4th of Section 22, Township 115, Range 20 according to the Government survey thereof: And also including as a part of the land herein conveyed, the East 33 feet of the Southeast 1/4 of the Northwest 1/4 of Section 22, Township 115, Range 20 except the south 22 acres thereof, according to the Government Survey, subject to easements thereon of record. AND (Per Quit Claim Deed Doc. No. 567409) All that part of the north 20 rods of the Southeast Quarter (SE-1/4) of the Northwest Quarter (NW-1/4) of Section 22, Township 115, Range 20, Dakota County, Minnesota, described as follows: Beginning at a point in the south line of the north 20 rods of the SE-1/4 of the NW-1/4 of said Section 22, distant 1315.64 feet westerly of the southeast corner of the said north 20 rods of the SE-1/4 of the NW-1/4; thence westerly along the south line of the said north 20 rods of the SE-1/4 of the NW-1/4, a distance of 20.32 feet, more or less, to the southwest corner of the said north 20 rods of the SE-1/4 of the NW-1/4; thence northerly along the west line of the said SE-1/4 of the NW-1/4 a distance of 330 feet, more or less, to the north line of said SE-1/4 of the NW-1/4; thence easterly along the north line of the said SE-1/4 of the NW-1/4, a distance of 23.59 feet, more or less, to a point distant 1312.02 feet westerly of the northeast corner of the said SE-1/4 of the NW-1/4; thence southerly 330 feet, more or less, to the point of beginning. Source: Boundary, Location, Topographic and Utility Survey, Sunde Land Surveying, May 19, 2017. Comprehensive Plan Designation INST-Institutional Zoning Classification P-Institutional Existing Platting Lot is unplatted. Current Land Use Elementary school Size: 668,750 sf (15.35 acres) Topography: Flat Existing Vegetation Urban landscape Other Significant Natural Features N/A Adjacent Properties/Land Uses NORTH Delegard Plaza & Oaks of Apple Valley Comprehensive Plan C-Commercial and MD-Medium Density Residential, 6 to 12 units/acre Zoning/Land Use PD-532 (commercial) and M-6C (Medium density res’l, 6-12 units/acre) SOUTH Morningview 9th Addition Comprehensive Plan MD-Medium Density Residential, 6 to 12 units/acre Zoning/Land Use PD-251 EAST Carol Center 4th Addition (Red Robin, Holiday, Carmike Theater) Comprehensive Plan C-Commercial Zoning/Land Use PD-400 WEST Morningview (Single family) Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use PD-251 Planning Commission Recommendation: At its meeting of September 6, 2017, the Apple Valley Planning Commission voted unanimously to recommend approval of the project with conditions with the following motion: Recommend approval of the Site Plan/Building Permit Authorization for 9,880 sq. ft. office and classroom additions and parking lot improvements at Cedar Park Elementary (7500 Whitney Drive), subject to compliance with all City Codes, and the following conditions: 1. The driveway access shall be moved to the west as recommended by the City Engineer. 2. A sidewalk connection shall be made from the sidewalk on the southwest side of the building to Cedar Ave. 3. A sidewalk connection shall be provided from the west parking area around the stormwater retention area to the playfields to the west. 4. The project is subject to review and approval of the final civil plans by the City Engineer at the time of application of the building permit. CITY OF APPLE VALLEY RESOLUTION NO. 2017-__ A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR CEDAR PARK ELEMENTARY SCHOOL 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, said regulations provide that issuance of a building permit for commercial, industrial, institutional and multiple family residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project; and WHEREAS, the Apple Valley Planning Commission reviewed the development plans and made a recommendation as to their approval at a public meeting held on September 6, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the issuance of a building permit for Cedar Park Elementary School Additions and Site Improvements is hereby authorized, subject to the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. The Building Permit shall be applicable to property addressed as 7500 Whitney Drive (to be final platted as Lot 1, Block 1, Cedar Park Elementary School). 3. The property shall be platted prior to issuance of the certificate of occupancy for the first completed building addition. 4. Construction shall occur in conformance with the site and geometric plan and finishing plan received in City Offices on August 23, 2017, including parking lot paving and a non-surmountable concrete curb and gutter around the entire perimeter with a minimum driveway approach radius of 15' at each public street, and a valley gutter at the edge of the street pavement, subject to the following conditions: a. The driveway access shall be moved to the west as recommended by the City Engineer in his August 31, 2017, memo. 2 b. A sidewalk connection shall be made from the sidewalk on the southwest side of the building to Cedar Ave. c. A sidewalk connection shall be provided from the west parking area around the stormwater retention area to the sidewalk on the west side of the retention area. 5. Construction shall occur in conformance with the landscape plan received in City Offices on August 23, 2017, including sodded/seeded public boulevard area up to each street curbline; subject to the following conditions: a. A nursery bid list shall be submitted at the time of application of the building permit confirming that the value of the landscape plantings meets or exceeds 2-1/2% of the value of the construction activity. b. The landscape plan is subject to final review and approval of the Natural Resources Coordinator prior to issuance of the building permit. 6. Construction shall occur in conformance with the elevation plan received in City Offices on August 23, 2017. 7. The City Engineer shall review and approve the final grading, drainage, utility and stormwater management plans prior to issuance of the building permit. Plans shall be revised to address the comments in his August 31, 2017, memo. 8. The plans shall be revised to address the comments of the Building Official in his August 25, 2017, memo. 9. Site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) which shall include final grading plan to be submitted for review and approval by the City Engineer; subject to the following: a. The property owner shall submit a copy of the General Storm Water Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit prior to commencement of grading activity. b. A staging and temporary parking plan shall be submitted prior to issuance of the natural resources management permit or building permit subject to review and approval by the City Engineer. 10. Any site lighting shall consist of downcast, shoebox lighting fixtures or wall- packs with deflector shields which confines the light to the property. The lighting plan shall be reviewed and approved by the Planner prior to issuance of the building permit. 3 11. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the installation of any signs. 12. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to Saturdays from 8:00 a.m. to 5:00 p.m. 13. Earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend earthmoving activities shall be limited to Saturdays from 8:00 a.m. to 5:00 p.m. 14. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 15. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125% of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline, with the cost of such City completion to be charged against the financial guarantee. 16. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 26th day of October, 2017. __________________________________ 4 Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on October 26, 2017, the original of which is in my possession, dated this _____day of ______________________, 20__ . ____________________________________ Pamela J. Gackstetter, City Clerk CITY OF MEMO Public Works TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, City Engineer DATE: August 31, 2017 SUBJECT: Cedar Park Elementary School Addition Final Plat Alex, The following are comments regarding the Cedar Park Elementary School Addition site plans dated June 13, 2017. Please include these items as conditions to approval. General 1. All work and infrastructure within public easements or right of way shall be to City standards. 2. Provide a narrative of how the buildings will be constructed and any impacts prior to building permit authorization. The narrative shall include the following: a. Shoring (if applicable) b. Material Storage. c. Haul routes to and from the site. d. Phasing Permits 3. Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution Control Agency, Met Council, Department of Labor and any other required permits. 4. A right of way permit will be required for all work within public easements or right of way. 5. A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. Site 6. Proposed access to Existing Parking 1 is recommended to be relocated west to better align with existing drive aisle into the site and create further spacing from Cedar Avenue. The existing driveway entrance should be utilized. 7. Stop signs should be provided at driveways leaving the site and indicated on plans. 8. Additional direction striping is recommended in the existing parking lot 1 and 2 to better direct parent drop off/pick up routing. 9. Site Statistics table should be updated with correct information on sheet C1.21 and C1.31. 10. Provide additional dimensions on site plan indicating radiuses, drive lane widths, etc… 11. Provide setback lines on site plan. 12. Provide additional drawing showing Auto turn turning movements to verify site circulation and layout requirements for planned vehicle usage to be used onsite. Please indicate (or show vehicle) stacking distances on the plan as circulation indicates potential for vehicles to back up onto public roadways at exit and entrance access’ to the site. Show truck movement with Auto turn entering site to ensure emergency and service vehicle can maneuver directly to front entrance. 13. A commercial driveway entrance is required at all access points to public roadways per AV Plate No. STR-4 or STR-5. 14. Provide pedestrian curb ramps per STR-10. 15. Temporary traffic control plan will be required to be submitted for review and approval for driveway connections in Whitney Drive prior to building permit authorization. 16. 12 Ft. Chain Link Backstop and Gaga ball pit as shown per sheet C1.11 is not indicated to be removed or relocated, but remains to be located in infiltration area and proposed hard surface play. 17. Clarify on sheet C1.21 if existing play equipment is to be relocated to proposed hard surface play area. 18. Provide additional sidewalk/trail connection from bus loop/hard surface play to proposed 8’ pathway along west site of site. 19. No Parking changes may be necessary along with additional striping and signage along Whitney Drive for site lines for new bus loop entrance. Grading, Drainage and Erosion Control 20. Final Grading Plans shall be reviewed and approved by City Engineer. 21. Additional details are required to indicate how drainage from proposed bus loop will be directed to proposed infiltration area. Pre-treatment is required. 22. Final Storm water Management Plan shall be reviewed and approved by City Engineer. 23. Approximate Erosion Control Device Quantities shall include updated quantities on sheet C1.51. 24. Erosion control measures shall be installed prior to beginning grading operations. 25. A construction entrance shall be provided at all proposed entrances to be utilized for erosion control purposes. 26. Street sweeping shall be performed as necessary to address material tracking from the site. 27. The location and elevation of the site emergency overflow(s) (EOF) shall be identified on the plans. All critical HP and LP shall be identified along with drainage arrows. 28. 2% minimum grades are required in all landscaped areas. 29. Provide the overall site composite Curve Number (CN) along with the impervious % on the area tabulation 30. Lowest floor levels shall be 1.0’ above the EOF. 31. Silt Fence locations in NW corner of site should correctly reflect grading limits. 32. Soil borings/testing shall be provided in the area of infiltration features prior to building permit authorization. Sanitary Sewer, Water Main and Storm Sewer 33. Final locations and sizes of Sanitary & Storm Sewer and Water main shall be reviewed with the final construction plans and approved by City Engineer. 34. Proposed water main as shown to be relocated for building addition 1 shall be privately owned and maintained. 35. Proposed CB-5 should be routed to Proposed CB-3 in lieu of connecting to existing CB-4 in Cedar Avenue. 36. Proposed CB-2 should be routed to SMH in lieu of connecting to existing CB-1 in Whitney Avenue. 37. Existing 18” storm sewer that runs thru proposed infiltration basin shall be relocated due to proposed +4’ of cut proposed above pipe for construction of infiltration basin. 38. Adjustment of Sanitary Sewer and Storm Sewer structures are required where grade changes are shown. 39. Remove references to unused detail plates from sheets C2.11- C2.13. Landcape and Natural Resources 40. Restoration/Landscape plan should indicate required buffers and appropriate seed mixtures for infiltration area, aquatic bench and upland areas associated with any storm water basins. 41. Landscape plan should clearly indicate drainage and utility easements and property line. 42. No major tree plantings shall be located over any underground utilities. Clusters of trees shall be used near or around these areas instead of planting in a row. The Drainage and Utility Easement will require clearance around the underground utilities, or the expectation that trees may have to be removed for access when needed. 43. Plans show a sediment control log going through the infiltration basin through the eastern portion of the basin. Sediment controls should be around the entire basin and not through the basin to provide adequate protection during construction. Sediment controls placed at the base of infiltration basin slopes without erosion control on the basin slopes themselves is inadequate protection from sedimentation and clogging of the basin and does not comply with state or local standards. 44. Silt fence would provide more protection from equipment driving through the basin and improper material storage in the basin than sediment logs. 45. The treatment area appears to only address new impervious at the rear of the property. As this property is within the East Lake TMDL, an effort to treat some the existing hard surfaces should be considered. 46. The infiltration basin lies between a path & parking area and between a parking area & sporting fields. Add sidewalk or trail connection to redirect foot traffic around the infiltration basin, without cutting through as a short cut, to limit compaction and guarantee proper functioning of the infiltration basin. The City recommends changing the grass plantings in the basin to taller native plants or shrubs to discourage walking through the basin as a shortcut. Native plants would be consistent with the STEM focus of the school. 47. It is unclear that a mix of fescue will hold up to the conditions experienced within the basin. Additionally, mown grass tends to show more the sediment and trash collected in the basins over time. 48. Ensure tree removals do not jeopardize the School’s Certified Forest status. 49. Quantities and locations of trees should be indicated on plan to show diversity of species. Some species appear on the Plant Schedule but not on the plan. 50. Some of the different details on the plans for the infiltration basins seem inconsistent. For example, some areas mention seeding, while others indicate the use of mulch (seed is unlikely to germinate with several inches of mulch covering it – that is part of the reason you use mulch – to guard against weeds germinating). 51. I would recommend against using seed to establish the basins. Seed provides a “fuzzier” less organized look for the basins. It makes it difficult to identify what is a weed and what is not. Shrubs are also a planting option for ease of maintenance. If seed is selected, a longer establishment maintenance schedule will be needed to keep the basin weed free and ensure vigorous growth; a year minimum after seeding is generally required. Also, timing for when seed will be installed will need to be indicated. There are certain times of year that installing native seed should be avoided. 52. Basins need to be kept off line (no water entering) until vegetation has been established. This timeline will be longer for seeded areas. 53. Staging of installation and protection of the area the basins are in needs more detail. 54. Shredded hardwood mulch should be used. Shredded hardwood much aids in the uptake of certain pollutants. Shredded hardwood mulch is better for plant health. Mulch should NOT be used if seeding; a blanket or hydro mulch should be used instead. 55. Absolutely no fabrics shall be installed in the basin: no protective weed barriers, no fabric over gravel around drain tile. Fabrics will clog will fine sediments. Socks around drain tile shall conform to Dakota County Low Impact Development Standard 2.44 p.7 http://www.dakotaswcd.org/pdfs/Dakota%20LID%20Standards%20Revised%2002-09- 12.pdf. 56. A 3 year Maintenance plan is required from the proposed filtration basins. a. The property owner shall maintain healthy plants suitable for use in raingardens throughout the raingarden. The property owner shall replace dead or diseased vegetation with plants capable of tolerating conditions encountered in the raingardens. b. The raingarden shall be kept free of non-native invasive plant species and noxious weeds, including buckthorn. c. The overall areas of the raingarden shall not be reduced during the maintenance term. d. The raingarden shall be watered such that it receives 1 inch of water per week combined from rain and other sources during the first growing season. e. Fertilizers shall not be applied to any part of the raingarden. f. Insecticides and fungicides shall only be applied when damage from non-native species is of concern. g. Herbicides shall be limited to spot applications. h. The property owner may remove dried vegetation once a year in the spring prior to May 30th if desired. i. The property owner shall maintain at minimum a three inch layer of shredded hardwood mulch for the maintenance term. j. The raingarden must drain free of water within 48 hours after a rainstorm except for in times of frozen soils. 57. The property owner is responsible for locating all utilities prior to installation. The owner shall only hand dig within 2 feet of utility markings. The raingardens shall not be installed over any utilities. City of MEMO Building Inspections TO: Kathy Bodmer, Planner FROM: George Dorn, Building Official DATE: August 25, 2017 SUBJECT: 7500 Whitney Drive Cedar Park Elementary Separate sign permits are required. SAC determination is required from Met Council prior to permit issuance from the city. Geotechnical report boring log and Special Inspector Agreement is required prior to permit and soil corrections on site. The Department of Labor and Industry has jurisdiction with regards to plan review for the building and mechanical permits. The City of Apple Valley has a delegation agreement with the State of Minnesota to conduct the inspections for the Building, Mechanical and Electrical permits. The State of Minnesota Plumbing Division will conduct all plumbing, storm, sanitary and water review and do all required inspections. The plan set should be signed by the architect and engineer. SITE 157TH ST W 160TH ST W CEDAR AVEWHITNEY DR 153RD ST W O RIO L E D R GARRETT AVEC O R TL A N D D R M CIN T O S H D R 155TH ST W HAYES TRLG A R R E T T D RPENNOCK LN158TH ST W FIRESI DE DR DUCHESS LNNEWELL DR HARALSON DR MINJON DRHARW ELL AVEGRANADAAVEJONATHAN DR GASLIGHT DRGRI FFON PATHUPPER 157TH ST W HALLMARK PATHHARMO N Y WA Y 151ST ST W GARRETT PATHC O R T L A N D DRSHEYWOOD WAY G R E E NIN G D R HANNOVERPATH R E G E N T DR GOLDING LNHALLMARK WAYGATE W A Y P A TH 159TH ST WHOOVER LNG L A D S T O N E P A T H GOOSEBER R Y WAYG A R N ET WAY GARRETT CT152ND ST W HEATH CTG R I F F ON C T HAVELOCK CTHEMLOCK CTHAYES CT H ALLM AR K C THARMONY WAY CT 1 5 9 T H S T R E E T C T HARMONY WAY159TH ST W CEDAR AVECEDAR PARKELEMENTARY µ LOCATION MAP ^ SITE 157TH ST W 147TH ST W WHITNEY DR 160TH ST W COUNTY ROAD 42 O RIO L E D R 153RD ST W STRESE LN H A YESTRL152ND ST W 151ST ST W G A R R E T T D RGUTHRIE AVEM CIN T O S H D R C O R T L A N D D R 158TH ST WREDWELL LNHEYWOOD WAY HAVEN DR PENNOCK LNHARW ELLAVEHALLMARK DRFOUNDERS L N FIRE SIDE DR DUCHESS LNUPPER 157TH ST W NEWELL DR HARALSON DR MINJON DRCORTLAND D R SBEACON LNGLAZIE R AVE 159T H S T W JONATHAN DR COOPER LNGASLIGHTD R FORTINO ST GRI FFON PATH FOLKESTONE RDHALLMARKPATHGABELLA ST GARNETWA YGARRETTPATHL OWER 147T H S T W G R E E NIN G D R HOOVER LNH A N N OVER PATHOAKWOOD RDRE G E N T DR GOLDING LNHALLM A RK WAY GALLERYAVEHARRINGTON PLHERSHEY CTPORTERLNG A TEWAYPATH F R E M ONTWAYGALLIVANT PLFRISIAN LNHENNA CTKENT LNGALLANTCTHWY 42 FRONTAGE RD GARDENIA AVEGLEASON PATHFORUM PATHGADWELL ST GOOSEBERRY WAY HEATH CTGR I F F ON C T HAYES CTWALNUT CIRHEY W O OD CT PENNOCK AVEHARMO N Y WAYGRANADA AVE149TH ST W BALDWIN DR HEMLOCK CT151ST ST W 160TH ST WGARRETT AVE159TH ST W H ALLM AR K C T148TH ST W 1 5 9THSTW 155TH ST W FRONTAGE RD 153RD ST W HARMONYWAYPA A P P P P P P P P P P P 8C RB RB M- GB RBLB RB RB RB RB RB RB RB GB 244 532 R-3 R-3 R-3 R-3 PD- R-3 R-3 R-3 R-3 R-3 R-3 PD- R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3R-3 R-3 R-3 R-3 R-3R-3 R-3 R-3 R-3 M-7C M-6C M-6C PD-541 PD-290 PD-244 PD-290 PD-400 PD-507 PD-716 PD-244 PD-739 PD-739 157TH ST W 160TH ST W 150TH ST W CEDAR AVE147TH ST W GALAXIE AVEWHITNEY DR ORIOLE D R GARRETT AVE153RD ST W HAYES TRLGARR E T T D R M CIN T O S H D RCORTLANDDR 158THS T W H A VENDR HARWELLAVEPENNOCKLNHAYES RD155TH ST W 152ND ST W UPPER1 5 7 T H ST WSTRESE LNNEWELLDRMIN J O NDRGLAZIERAVE HALLMA R KDRREDWELL LN CEDAR AVE150TH ST W 1 1 4 2 4 4 4 1 2 3 1 2 2 3 3 1 1 2 4 1 4 1 2 1 1 2 1 2 2 2 3 2 1 13 1 5 2 1 3 1 1 1 1 1 1 4 6 5 1 1 1 3 2 4 2 1 7B7A 4B 4A µ CEDAR PARKELEMENTARY ZONING MAP ^ Oblique Aerial Cedar Park Elementary NOTES:LEGENDCONCRETE PAVEMENT REMOVALSCONCRETE CURB AND GUTTER REMOVALSBITUMINOUS PAVEMENT REMOVALSUTILITY REMOVALSTREE REMOVALSLANDSCAPING REMOVALS (MULCH, SHRUBS ETC.)SAWCUTREMOVALS KEY NOTEPROPERTY LINE1. REFER TO SHEET C1.41, GRADING PLAN, FOR GENERAL NOTES.2. MINIMIZE DISTURBANCE TO SITE AND PROTECT EXISTING VEGETATION AND SITE FEATURES(CURBS, WALKS, PAVEMENTS, OVERHEAD AND UNDERGROUND UTILITIES, SIGNAGE, FENCING,ROADWAYS, ETC.) WHICH ARE TO REMAIN.3. REPAIR OR REPLACE EXISTING PROPERTY AND SITE FEATURES, INCLUDING GRASS ANDVEGETATION, WHICH IS TO REMAIN THAT IS DAMAGED BY THE WORK, TO OWNER'SSATISFACTION AND AT NO ADDITIONAL COST TO THE OWNER.4. VISIT THE SITE PRIOR TO BIDDING; BE FAMILIAR WITH ACTUAL CONDITIONS IN THE FIELD.EXTRA COMPENSATION WILL NOT BE ALLOWED FOR CONDITIONS WHICH COULD HAVE BEENDETERMINED OR ANTICIPATED BY EXAMINATION OF THE SITE, THE CONTRACT DRAWINGS ANDTHE INFORMATION AVAILABLE PERTAINING TO EXISTING SOILS, UTILITIES AND OTHER SITECHARACTERISTICS.5. THE CONTRACTOR SHALL HIRE THE SERVICES OF A UTILITY LOCATOR COMPANY TO LOCATEALL PRIVATELY OWNED UTILITIES THAT MAY BE DISTURBED BY CONSTRUCTION OPERATIONS.KEY NOTE LEGENDREMOVE CONCRETE PAVEMENT TO NEAREST JOINTREMOVE CONCRETE CURB AND GUTTER / VALLEY GUTTERREMOVE BITUMINOUS PAVEMENTREMOVE GRAVEL SURFACEREMOVE AGLIMEREMOVE FENCING (INCLUDING FOOTINGS AND GATES)REMOVE TRAFFIC CONTROL SIGN AND POSTREMOVE BOLLARD AND FOOTINGREMOVE RETAINING WALLREMOVE STORM SEWERREMOVE STORM SEWER STRUCTUREREMOVE SANITARY SEWERREMOVE SANITARY SEWER STRUCTUREREMOVE WATERMAINREMOVE HYDRANTREMOVE GATE VALVEREMOVE TREEREMOVE LANDSCAPING (MULCH, SHRUBS, ETC.)REMOVE PLAYGROUND STRUCTURE / EQUIPMENTREMOVE PLAYGROUND MATERIAL (MULCH, EDGING, ETC.)RECLAIM BITUMINOUS PAVEMENTSAWCUTPROTECT CONCRETE PAVEMENTPROTECT CONCRETE CURB AND GUTTER / VALLEY GUTTERPROTECT BITUMINOUS PAVEMENTPROTECT GRAVEL SURFACEPROTECT AGLIMEPROTECT FENCING (INCLUDING FOOTINGS AND GATES)PROTECT TRAFFIC CONTROL SIGN AND POSTPROTECT BOLLARD AND FOOTINGPROTECT RETAINING WALLPROTECT STORM SEWERPROTECT STORM SEWER STRUCTUREPROTECT SANITARY SEWERPROTECT SANITARY SEWER STRUCTUREPROTECT WATERMAINPROTECT HYDRANTPROTECT GATE VALVEPROTECT TREEPROTECT LANDSCAPING (MULCH, SHRUBS, ETC.)PROTECT PLAYGROUND STRUCTURE / EQUIPMENTPROTECT PLAYGROUND MATERIAL (MULCH, EDGING, ETC.)REFER TO SHEET CXXXX - UTILXXX FOR TREATMENTREFER TO SHEET CXXXX - GRADXXX FOR TREATMENTREFER TO ARCHITECTURAL PLANS FOR TREATMENTREFER TO ELECTRICAL PLANS FOR TREATMENTREFER TO MECHANICAL PLANS FOR TREATMENTR1R1R2R3R4R5R6R7R8R9R10R11R12R13R14R15R16R17R18R19R20R21R22P1P2P3P4P5P6P7P8P9P10P11P12P13P14P15P16P17P18P19P20X1X2X3X4X5LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthSITE REMOVALS PLANDAVID A. REYXX/XX/XX40180DAR1" = 30'C1.11NOT FOR CONSTRUCTIONMINNESOTAPROFESSIONAL ENGINEER7500 WHITNEY DR,APPLE VALLEY, MN 55124CEDAR PARKELEMENTARYSCHOOL ADDITIONS BUILDING ADDITION 1BUILDING ADDITION 2HARD SURFACE PLAYBUS LOOPEXISTING PARKING 2EXISTING PARKING 1INFILTRATION BASINR4.00'R4.00'R4.00'R4.00'R15.00'R15.00'R23.00'R4.00'R9.00'R9.00'R4.00'R55.00'R10.00'R25.00'R25.00'R71.52'R5.00'R15.00'R50.00'R15.00'9'x20' STALLS (TYP.)4" WIDE PAINTSTRIPE @ 3" O.C (TYP)17.00'40.00'45°0'0"9'x20' STALLS (TYP.)9'x20' STALLS (TYP.)4" WIDE PAINTSTRIPE @ 3" O.C (TYP)8' WALKR40.00'R25.00'R20.00'R5.00'R12.50'R50.00' R90.0 0'R200.00'R500.00'R10.00'R10.00'15' WALKR6.00'R6.00'8' WALK6' WALK7' WALK6' WALKLANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthSITE & GEOMETRIC PLANDAVID A. REYXX/XX/XX40180DAR1" = 30'C1.21NOT FOR CONSTRUCTIONMINNESOTAPROFESSIONAL ENGINEER7500 WHITNEY DR,APPLE VALLEY, MN 55124CEDAR PARKELEMENTARYSCHOOL ADDITIONSNOTES:LEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)BASELINE FOR DIMENSIONSPOINT OF INTERSECTIONPOINT OF TANGENCYPOINT OF COMPOUND CURVATUREPROPOSED CONCRETE WALKPROPOSED CONCRETE SLABPROPOSED LIGHT DUTY BITUMINOUS PAVEMENTPROPOSED HEAVY DUTY BITUMINOUS PAVEMENTPROPOSED SOFT PLAY AREAPROPOSED TENNIS COURT PAVEMENTPROPOSED RETAINING WALLPROPOSED CHAIN LINK FENCINGPROPOSED CHAIN LINK FENCING WITH MAINTENANCE STRIPPROPOSED TRAFFIC CONTROL SIGNSIGNAGE KEY NOTEPROPOSED BOLLARDPAINTED ACCESSIBLE SYMBOLPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED RISER INLET (RI)PROPOSED SURGE BASIN (SB)PROPOSED FLARED END SECTION (FES)PROPOSED HYDRANT (HYD)PROPOSED GATE VALVE (GV)PROPOSED POST INDICATOR VALVE (PIV)PROPOSED FLAGPOLE - REFER TO ARCHITECTURAL PLANSPROPOSED BUILDING STOOP - REFER TO ARCHITECTURAL PLANSPROPOSED LIGHT POLE - REFER TO ELECTRICAL PLANSPROPERTY LINE1. REFER TO SHEET C1.41, GRADING PLAN, FOR GENERAL NOTES.2. ALL APPLICABLE DIMENSIONS ARE TO FACE OF CURB, EDGE OF PAVEMENT, CENTERLINE OFFENCE, OR PROPERTY LINE UNLESS OTHERWISE NOTED.3. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.4. SIGNAGE SHALL BE INSTALLED 18" BEHIND THE BACK OF CURB OR EDGE OF PAVEMENT.5. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD WHICH ARE NOT DESIGNATED TO BEPAVED SHALL RECEIVE AT LEAST 6" OF TOPSOIL AND SHALL BE SODDED OR SEEDED.6. WHERE NEW SOD MEETS EXISTING TURF, EXISTING TURF EDGE SHALL BE CUT TO ALLOW FORA CONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.7. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD OR RE-SEED ALL APPLICABLE AREAS,AT NO ADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.R1PIPTPCCXXEXISTING PARKING COUNTS (XX TOTAL STALLS):STAFF PARKING = XX STALLSVISITOR PARKING = XX STALLSPROPOSED PARKING COUNTS (XX TOTAL CAR STALLS):STAFF PARKING = XX STALLSVISITOR PARKING = XX STALSBUS PARKING = X BUS STALLS, XX EVENT ONLY CAR STALLSACCESSIBLE PARKING STALL REQUIREMENTS = X STALLSACCESSIBLE PARKING STALLS PROVIDED = X STALLSSITE STATISTICS:SIGNAGE KEY NOTESSTOPA BUILDING ADDITION 1BUILDING ADDITION 2HARD SURFACE PLAYBUS LOOPEXISTING PARKING 2EXISTING PARKING 1INFILTRATION BASIN9'x20' STALLS (TYP.)4" WIDE PAINTSTRIPE @ 3" O.C (TYP)9'x20' STALLS (TYP.)9'x20' STALLS (TYP.)4" WIDE PAINTSTRIPE @ 3" O.C (TYP)LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthFINISHING PLANDAVID A. REYXX/XX/XX40180DAR1" = 30'C1.31NOT FOR CONSTRUCTIONMINNESOTAPROFESSIONAL ENGINEER7500 WHITNEY DR,APPLE VALLEY, MN 55124CEDAR PARKELEMENTARYSCHOOL ADDITIONSNOTES:1. REFER TO SHEET C1.31, GRADING PLAN, FOR GENERAL NOTES.2. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.3. SIGNAGE SHALL GENERALLY BE INSTALLED 18" BEHIND THE BACK OF CURB.4. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD WHICH ARE NOT DESIGNATED TO BEPAVED SHALL RECEIVE AT LEAST 6" OF TOPSOIL AND SHALL BE SODDED OR SEEDED.5. WHERE NEW SOD MEETS EXISTING TURF, EXISTING TURF EDGE SHALL BE CUT TO ALLOW FORA CONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.6. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD OR RE-SEED ALL APPLICABLE AREAS,AT NO ADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.LEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)PROPOSED CONCRETE WALKPROPOSED CONCRETE SLABPROPOSED LIGHT DUTY BITUMINOUS PAVEMENTPROPOSED HEAVY DUTY BITUMINOUS PAVEMENTPROPOSED SOFT PLAY AREAPROPOSED TRAFFIC CONTROL SIGNSIGNAGE KEY NOTEPROPOSED BOLLARDPAINTED ACCESSIBLE SYMBOLPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED RISER INLET (RI)PROPOSED SURGE BASIN (SB)PROPOSED FLARED END SECTION (FES)PROPOSED HYDRANT (HYD)PROPOSED GATE VALVE (GV)PROPOSED POST INDICATOR VALVE (PIV)PROPOSED FLAGPOLE - REFER TO ARCHITECTURAL PLANSPROPOSED BUILDING STOOP - REFER TO ARCHITECTURAL PLANSPROPOSED LIGHT POLE - REFER TO ELECTRICAL PLANSPROPERTY LINEAXXEXISTING PARKING COUNTS (XX TOTAL STALLS):STAFF PARKING = XX STALLSVISITOR PARKING = XX STALLSPROPOSED PARKING COUNTS (XX TOTAL CAR STALLS):STAFF PARKING = XX STALLSVISITOR PARKING = XX STALSBUS PARKING = X BUS STALLS, XX EVENT ONLY CAR STALLSACCESSIBLE PARKING STALL REQUIREMENTS = X STALLSACCESSIBLE PARKING STALLS PROVIDED = X STALLSSITE STATISTICS:SIGNAGE KEY NOTESSTOPA BUILDING ADDITION 1FFE = 957.0 = ARCH 100'-0"6C2.11BUILDING ADDITION 2FFE = 957.0 = ARCH 100'-0"6C2.11HARD SURFACE PLAYBUS LOOPEXISTING PARKING 2EXISTING PARKING 195195157.057.057.057.0952952953953953953953953954954 954954 95495495495495595595555.8 ME55.7 ME55.2 ME56.0 ME56.2 ME56.3 ME53.755.256.556.556.556.556.556.556.555.554.152.352.352.352.352.352.352.553.353.854.454.354.352.853.553.753.553.253.453.353.654.555.355.155.755.253.954.054.353.753.554.053.253.853.853.954.654.354.451.951.951.950.850.850.856.3 ME50.857.057.057.056.0 this existing low doesn't drain50.850.850.850.850.850.850.856.556.556.556.554.5 ME54.4 ME54.4 ME54.2 ME54.4 ME53.5 ME53.3 ME52.6 ME53.0 ME53.2 ME53.153.5 ME53.8 ME54.7 ME55.5 ME55.3 ME55.9 ME55.4 ME54.9 ME54.3 ME56.456.556.556.757.057.056.556.455.756.0ME EOF56.756.5 ME56.6 ME955955956956956956956956 INFILTRATION BASINLANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthGRADING PLANDAVID A. REYXX/XX/XX40180DAR1" = 30'C1.41NOT FOR CONSTRUCTIONMINNESOTAPROFESSIONAL ENGINEER7500 WHITNEY DR,APPLE VALLEY, MN 55124CEDAR PARKELEMENTARYSCHOOL ADDITIONSLEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)EXISTING CONTOUREXISTING SPOT ELEVATIONPROPOSED CONTOURPROPOSED SPOT ELEVATIONME = MATCH EXISTINGEOF = EMERGENCY OVERFLOWTW = FINISH GRADE AT HIGH SIDE OF WALLBW = FINISH GRADE AT LOW SIDE OF WALLPROPOSED GRADING LIMITSPROPOSED SAND SUBBASE AT FROST FOOTED STOOPSAPPROXIMATE SOIL BORING / TEST PIT LOCATIONPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED RISER INLET (RI)PROPOSED SURGE BASIN (SB)PROPOSED FLARED END SECTION (FES)PROPOSED HYDRANT (HYD)PROPOSED GATE VALVE (GV)PROPOSED POST INDICATOR VALVE (PIV)PROPOSED BUILDING STOOP - REFER TO ARCHITECTURAL PLANSPROPERTY LINEXX1.) TOP OF TOP NUT OF FIRE HYDRANT NORTHEAST OF PLAYGROUND ON WEST SIDE OF SCHOOL. Elevation = 958.202.) TOP OF TOP NUT OF FIRE HYDRANT50 FEET +/- SOUTHWEST OF SOUTHWEST CORNER OFSCHOOL.Elevation = 985.573.)TOP OF TOP NUT OF FIRE HYDRANT 80 FEET +/- NORTHEAST OF DOOR NO. 2.Elevation = 985.98BENCHMARKS (FIELD VERIFY BEFORE USING)GEOTECHNICAL TABLE95554.61. ALL CONSTRUCTION MUST COMPLY WITH APPLICABLE STATE AND LOCAL ORDINANCES.2. THE CONTRACTOR WILL BE RESPONSIBLE FOR AND SHALL PAY FOR ALL CONSTRUCTIONSTAKING / LAYOUT.3. THE CONTRACTOR SHALL OBTAIN AND PAY FOR ALL RELATED CONSTRUCTION PERMITS,INCLUDING THE NPDES PERMIT FROM THE MPCA. SUBMIT A COPY OF ALL PERMITS TO THECITY.4. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL TRAFFIC CONTROL SIGNAGE (CONSTRUCTIONZONES) NECESSARY TO CONSTRUCT PROPOSED IMPROVEMENTS. ALL SIGNAGE LAYOUTSMUST BE DESIGNED BY THE CONTRACTOR AND APPROVED BY LOCAL AUTHORITIES.5. INSTALL CONTROL FENCING AND BARRICADING AS NECESSARY TO PROTECT THE PUBLIC.6. INSPECT SITE AND REVIEW SOIL BORINGS TO DETERMINE EXTENT OF WORK AND NATURE OFMATERIALS TO BE HANDLED.7. REFER TO SPECIFICATIONS FOR DEWATERING REQUIREMENTS.8. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.9. REFER TO ARCHITECTURAL PLANS FOR BUILDING AND STOOP DIMENSIONS AND LAYOUT.10. REFER TO THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) NARRATIVE, PART OFSECTION 01 89 13, FOR EROSION CONTROL REQUIREMENTS. SECTION 31 00 00 SHALL BERESPONSIBLE FOR FULL IMPLEMENTATION OF THE SWPPP.11. MAINTAIN ADJACENT PROPERTY AND PUBLIC STREETS CLEAN FROM CONSTRUCTION CAUSEDDIRT AND DEBRIS ON A DAILY BASIS. PROTECT DRAINAGE SYSTEMS FROM SEDIMENTATIONAS A RESULT OF CONSTRUCTION RELATED DIRT AND DEBRIS.12. MAINTAIN DUST CONTROL DURING GRADING OPERATIONS.13. ALL EROSION CONTROL METHODS SHALL COMPLY WITH MPCA AND LOCAL REGULATIONS.14. CONTRACTOR SHALL MINIMIZE DISTURBANCE TO SITE AND PROTECT EXISTING SITE FEATURES(INCLUDING TURF AND VEGETATION) WHICH ARE TO REMAIN.15. PROPOSED CONTOURS AND SPOT ELEVATIONS ARE SHOWN TO FINISH GRADE UNLESSOTHERWISE NOTED.16. PROPOSED ELEVATIONS SHOWN TYPICALLY AS 10.1 OR 10 SHALL BE UNDERSTOOD TO MEAN1010.1 OR 1010.17. SPOT ELEVATIONS SHOWN IN PARKING LOTS, DRIVES AND ROADS INDICATE GUTTER GRADES,UNLESS NOTED OTHERWISE. SPOT ELEVATIONS WITH LABELS OUTSIDE THE BUILDINGPERIMETER INDICATE PROPOSED GRADES OUTSIDE THE BUILDING. SPOT ELEVATIONS WITHLABELS INSIDE THE BUILDING PERIMETER INDICATE PROPOSED FINISH FLOOR ELEVATIONS.18. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR DETERMINING QUANTITIES OF CUT,FILL AND WASTE MATERIALS TO BE HANDLED, AND FOR AMOUNT OF GRADING TO BE DONE INORDER TO COMPLETELY PERFORM ALL WORK INDICATED ON THE DRAWINGS. IMPORTSUITABLE MATERIAL AND EXPORT UNSUITABLE / EXCESS / WASTE MATERIAL AS REQUIRED. ALL COSTS ASSOCIATED WITH IMPORTING AND EXPORTING MATERIALS SHALL BE INCIDENTALTO THE CONTRACT.19. IT IS INTENDED THAT EARTHWORK (CUT VS. FILL) BALANCE ON SITE. FOR GENERAL GRADESADJUSTMENT AREA REFER TO SECTION 31 00 00. THE CONTRACTOR SHALL SUBMIT THEQUANTITY OF MATERIAL AND AMOUNT OF ANTICIPATED GRADE ADJUSTMENT FOR REVIEW BYTHE ENGINEER A MINIMUM OF FOUR WEEKDAYS PRIOR TO MAKING ADJUSTMENTS. ALL GRADEADJUSTMENTS MUST BE APPROVED BY THE ENGINEER. NO ADDITIONAL COMPENSATION WILLBE ALLOWED FOR WORK ASSOCIATED WITH GRADING ADJUSTMENTS, INCLUDING, BUT NOTLIMITED TO, EARTHWORK OPERATIONS, STORM SEWER PIPING AND STRUCTUREADJUSTMENTS, CONSTRUCTION SURVEYING FOR ADJUSTING FEATURE LOCATIONSACCORDINGLY, SILT FENCE, ETC.20. NO FINISHED SLOPES SHALL EXCEED 4' HORIZONTAL TO 1' VERTICAL (4:1), UNLESSOTHERWISE NOTED.21. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD WHICH ARE NOT DESIGNATED TO BEPAVED OR RECEIVE AGLIME, SHALL RECEIVE AT LEAST 6" OF TOPSOIL AND SHALL BE SEEDEDOR SODDED. REFER TO SHEETS C8.1, C8.2, C8.3, LANDSCAPING PLANS, FOR SOD AND SEEDLOCATIONS. ALL OTHER AREAS DISTURBED BY CONSTRUCTION NOT SPECIFICALLY IDENTIFIEDTO RECEIVE A CERTAIN SEED MIX SHALL BE SEEDED WITH SEED MIX #2.22. WHERE NEW SOD MEETS EXISTING SOD, EXISTING SOD EDGE SHALL BE CUT TO ALLOW FOR ACONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.23. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SEED OR RE-SOD ALL APPLICABLE AREAS,AT NO ADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.24. ANY MANHOLE, CATCH BASIN, STORM SEWER, SANITARY SEWER, DRAINTILE OR OTHERPOTENTIAL SOURCE FOR CONTAMINATION SHALL BE INSTALLED AT LEAST 10 FEETHORIZONTALLY FROM ANY WATERMAIN PER MINNESOTA PLUMBING CODE. THIS ISOLATIONDISTANCE SHALL BE MEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OFTHE CONTAMINATION SOURCE (OUTER EDGE OF STRUCTURES OR PIPING OR SIMILAR).25. LOCATE ALL EXISTING UTILITIES, VERIFY LOCATION, SIZE AND INVERT ELEVATION OF ALLEXISTING UTILITIES. VERIFY LOCATIONS, SIZES AND ELEVATIONS OF SAME BEFOREBEGINNING CONSTRUCTION.26. CONTRACTOR SHALL MAINTAIN DRAINAGE FROM EXISTING BUILDING AT ALL TIMES. PROVIDETEMPORARY STORM SEWER (INCLUDING, BUT NOT LIMITED TO, CATCH BASINS, MANHOLES,PIPING, ETC.) AS REQUIRED. EXISTING STORM SEWER SHALL NOT BE REMOVED UNTILTEMPORARY OR PERMANENT STORM SEWER IS INSTALLED AND FUNCTIONAL. COORDINATEALL REMOVALS WITH APPROPRIATE TRADES (SITE UTILITY CONTRACTOR, MECHANICALCONTRACTOR, ETC.) AS REQUIRED.GENERAL NOTES BUILDING ADDITION 1FFE = 957.0 = ARCH 100'-0"BUILDING ADDITION 2FFE = 957.0 = ARCH 100'-0"HARD SURFACE PLAYBUS LOOPEXISTING PARKING 2EXISTING PARKING 195195157.057.057.057.0952952953953953953953953954954 954954 95495495495495595595555.8 ME55.7 ME55.2 ME56.0 ME56.2 ME56.3 ME53.755.256.556.556.556.556.556.556.555.554.152.352.352.352.352.352.352.553.353.854.454.354.352.853.553.753.553.253.453.353.654.555.355.155.755.253.954.054.353.753.554.053.253.853.853.954.654.354.451.951.951.950.850.850.856.3 ME50.857.057.057.056.0 this existing low doesn't drain50.850.850.850.850.850.850.856.556.556.556.554.5 ME54.4 ME54.4 ME54.2 ME54.4 ME53.5 ME53.3 ME52.6 ME53.0 ME53.2 ME53.153.5 ME53.8 ME54.7 ME55.5 ME55.3 ME55.9 ME55.4 ME54.9 ME54.3 ME56.456.556.556.757.057.056.556.455.756.0ME EOF56.756.5 ME56.6 ME955955956956956956956956 INFILTRATION BASINCB 1 (EXISTING)RIM = 952.5INV. = 945.10 N/SW (FIELD VERIFY)INV. = 945.7 W (FIELD VERIFY)INV. = 946.00 SECONNECT TO EXISTING STRUCTURE86' - 18" RCP @ 1.78%5.00'BD 1INV. = 951.0 = MECH 94'-0"CB 2RIM = 953.7INV. = 947.5348" IDR-3067-V194' - 12" PVC @ 1.78%123' - 15" RCP @ 0.50%CB 3RIM = 954.4INV. = 948.1548" IDR-3067-VCB 5RIM = 954.4INV. = 950.6448" IDR-3067-V48' - 12" RCP @ 0.50%CB 4 (EXISTING)RIM = 953.5INV. = 950.40 (FIELD VERIFY)CONNECT TOEXISTING STRUCTURECB 6RIM = 952.3INV. = 946.44 (FIELD VERIFY)48" IDR-2501CONSTRUCT STRUCTUREOVER EXISTING PIPEROOF SCUPPER6,394 SF1. REFER TO SHEET C1.41, GRADING PLAN, FOR GENERAL NOTES.2. ALL WATERMAIN PIPE SHALL BE DIP, CLASS 52. ALL WATERMAIN SHALL HAVE MINIMUM 8'-0"BURY (TOP OF PIPE TO FINISH GRADE). DIP SHALL BE ENCASED WITH POLYETHYLENE FILMCONFORMING TO ASTM D 1248-889.3. ALL SANITARY SEWER PIPE SHALL BE PVC PIPE (ASTM D 3034, SDR 26), UNLESS OTHERWISENOTED. SANITARY SEWER INSTALLATION SHALL BE IN ACCORDANCE WITH ASTM D2321.4. ALL STORM SEWER PIPE SHALL BE RCP, CLASS III (MIN.), WITH FLEXIBLE WATERTIGHT JOINTS INACCORDANCE WITH ASTM C-361 OR PVC PIPE (ASTM D3034, SDR 35) INSTALLED IN ACCORDANCEWITH ASTM D2321, UNLESS OTHERWISE NOTED.5. FLEXIBLE JOINTS AT STORM SEWER PIPE CONNECTIONS TO STRUCTURES:a. IN ACCORDANCE WITH MINNESOTA PLUMBING CODE, PROVIDE FLEXIBLE JOINTS AT ALLPIPE CONNECTIONS TO ALL STORM SEWER STRUCTURES.b. ACCEPTABLE MANUFACTURERS / PRODUCTS:i. FERNCO, “CONCRETE MANHOLE ADAPTORS” OR “LARGE-DIAMETER WATERSTOPS”ii. PRESS-SEAL, WATERSTOP GROUTING RINGS”iii. OR APPROVED EQUAL.6. WATERMAIN SHALL BE INSTALLED AT LEAST 10 FEET HORIZONTALLY FROM ANY MANHOLE,CATCH BASIN, STORM SEWER, SANITARY SEWER, DRAINTILE OR OTHER POTENTIAL SOURCE FORCONTAMINATION PER MINNESOTA PLUMBING CODE. THIS ISOLATION DISTANCE SHALL BEMEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OF THE CONTAMINATIONSOURCE (OUTER EDGE OF STRUCTURES OR PIPING OR SIMILAR).7. ANY MANHOLE, CATCH BASIN, STORM SEWER, SANITARY SEWER, DRAINTILE OR OTHERPOTENTIAL SOURCE FOR CONTAMINATION SHALL BE INSTALLED AT LEAST 10 FEETHORIZONTALLY FROM ANY WATERMAIN PER MINNESOTA PLUMBING CODE. THIS ISOLATIONDISTANCE SHALL BE MEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OFTHE CONTAMINATION SOURCE (OUTER EDGE OF STRUCTURES OR PIPING OR SIMILAR).8. LOCATE ALL EXISTING UTILITIES, VERIFY LOCATION, SIZE AND INVERT ELEVATION OF ALLEXISTING UTILITIES. VERIFY LOCATIONS, SIZES AND ELEVATIONS OF SAME BEFORE BEGINNINGCONSTRUCTION.9. PRIOR TO CONSTRUCTION OF PROPOSED BUILDING UTILITY SERVICES (STORM, SANITARYSEWER, WATERMAIN), VERIFY ALL PROPOSED BUILDING UTILITY SERVICE PIPE SIZES, LOCATIONSAND ELEVATIONS WITH MECHANICAL PLANS. COORDINATE CONSTRUCTION AND CONNECTIONSWITH MECHANICAL CONTRACTOR.10. CONTRACTOR SHALL STAKE LIMITS OF WALKS AND CURBING PRIOR TO INSTALLATION OF GATEVALVES, CATCH BASINS AND MANHOLES. GATE VALVE AND MANHOLE LOCATIONS SHALL BEADJUSTED TO AVOID PLACEMENT OF THESE STRUCTURES IN WALKS AND CURB AND GUTTER.CURB AND GUTTER SHALL BE STAKED TO ALLOW CURB INLET TYPE CATCH BASINS TO BEPROPERLY LOCATED IN LINE WITH CURBING.NOTESLANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthUTILITY & EROSION CONTROL PLANDAVID A. REYXX/XX/XX40180DAR1" = 30'C1.51NOT FOR CONSTRUCTIONMINNESOTAPROFESSIONAL ENGINEER7500 WHITNEY DR,APPLE VALLEY, MN 55124CEDAR PARKELEMENTARYSCHOOL ADDITIONSLEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)EXISTING CONTOUREXISTING SPOT ELEVATIONPROPOSED CONTOURPROPOSED SPOT ELEVATIONME = MATCH EXISTINGEOF = EMERGENCY OVERFLOWTW = FINISH GRADE AT HIGH SIDE OF WALLBW = FINISH GRADE AT LOW SIDE OF WALLPROPOSED GRADING LIMITSPROPOSED SANITARY SEWERPROPOSED STORM SEWERPROPOSED WATERMAINPROPOSED DRAINTILE / FINGER DRAINPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED FLARED END SECTION (FES)PROPOSED GATE VALVE (GV)PROVIDE MINIMUM 18" VERTICAL SEPARATION AT CROSSING - PROVIDEVERTICAL BENDS IN WATERMAIN AS REQUIRED TO ACCOMPLISHSEDIMENT CONTROL DEVICE AT STORM SEWER INLETPROPOSED SILT FENCEPROPOSED SEDIMENT CONTROL LOGPROPOSED ROCK CONSTRUCTION ENTRANCEPROPOSED EROSION CONTROL BLANKETPROPOSED BUILDING STOOP - REFER TO ARCHITECTURAL PLANSPROPERTY LINEXXSILT FENCE = XXX L.F.SEDIMENT CONTROL LOG = XXX L.F.ROCK CONSTRUCTION ENTRANCE = XXX C.Y.EROSION CONTROL BLANKET = XXX S.Y.SEDIMENT CONTROL DEVICE AT STORM SEWER INLET = XXXAPPROXIMATE EROSION CONTROL DEVICEQUANTITIES95554.61AEXCERPT FROM THE SWPPP NARRATIVEThe following is from the Storm Water Pollution Prevention Plan Narrative, Section 01 89 13 of the Project Manual. In accordance withSection 31 00 00, the Contractor shall be responsible for full implementation of and maintenance required by the SWPPP Narrative until theNotice of Termination is approved by the MPCA. Should differences arise between the SWPPP Narrative information described below and theinformation contained within the SWPPP Narrative, bound into the Project Manual, the SWPPP in the Project Manual shall govern.V.General Construction Sequence (in conjunction with the Construction Manager’s Construction Schedule)A.Erosion Control Devices, noted herein, include:1.Silt fence2.Sediment Control Device at storm sewer inlets3.Sediment log4.Rock construction entrance5.Rock check dams6.Rip rap7.Storm water treatment basins8.Temporary sediment basins9.Storm sewer systems10.Temporary outlet pipes11.Erosion control blanket12.Temporary seeding13.Final seeding / sodding14.Temporary / permanent vegetation15.Other features identified by the Minnesota Pollution Control Agency, City or Engineer as a Best Management Practice (BMP) device.B.Contractor and Owner shall apply for NPDES Phase II Permit within 24 hours of award of Contract.1.Once obtained, the Contractor shall post the permit in the job site trailer or other suitable temporary storage area.C.The Contractor shall review the SWPPP and its sequencing and requirements. The Contractor shall notify the Engineer if site conditions, construction sequencing, or otheritems are different or require modification from this written SWPPP.Modifications to the SWPPP may be made upon approval of the Engineer.D.Following review of the SWPPP plans commence with the following construction sequence (Note, the Construction Sequence described below is an effort to minimizeerosion potential during construction. The Sequence may be modified if theContractor and Engineer mutually agree there is benefit to modify the Sequence to facilitate the CM”s Construction Schedule and maintain erosion control on site whileprotecting Surface Waters of the State):1.Install perimeter silt fence where indicated on the Drawings. Silt fence shall be as specified in Section 31 25 00.2.Construct Sediment Control Devices at existing storm sewer inlets (hay bales around castings and silt fence under castings will not be acceptable). Select devicesthat will not hinder traffic flow or vehicle movements.3.Have silt fence and other erosion control devices inspected by local authorities, as required by the local authority.4.Delineate limits of proposed stormwater management areas (infiltration and detention areas) and provide visual barrier around these areas to prohibit constructiontraffic within these zones. It is suggested that orange snow fence be installed aroundthe full perimeter of these areas. No construction equipment staging, material staging, contractor parking, or other construction related access will be permittedwithin these areas. Maintain visual barrier on a regular basis.a.Work in these areas shall be minimized until upstream tributary areas are stabilized (either temporary or permanent stabilization). Maintain existing vegetationcover as much as possible.5.Construct the rock construction entrance.6.Remove existing site features to allow for building pad preparation.7.Begin rough grading for the building pad.8.Begin rough grading the new parking lot.9.Establish the concrete truck washout area and post with a sign.10.Construct retaining walls within the building limits to allow for full construction of the building pad and its varying finish floor elevations. Complete grading thebuilding pad.11.Construct the sanitary sewer system.12.Construct the watermain system.13.Construct the permanent storm sewer system. Prohibit direct surface drainage into inlet structures until the Infiltration and Detention areas are constructed and readyto receive storm water. Opening the storm sewer system to drainage may be oneof the last site work items to complete.14.Rough grade the paved area subgrade to specified tolerances.15.At this point in construction, winter conditions are likely. To prepare for winter conditions:a.Provide temporary seed and erosion control blanket to the areas noted on the drawings. The areas are generally upstream of neighboring properties, pointswhere flow leaves the site, and upstream of the stormwater management areas. Theintention of the temporary work is to stabilize these areas and provide protection during snow melt and rains in the spring.16.Begin building construction.17.Rough and finish grade the new parking lot subgrade following the procedures identified in Section 31 00 00 Earthwork.18.Once pavement subgrade testing is complete, construct the stabilized aggregate base course. This will serve as temporary stabilization for the parking lot.19.Construct curb and gutter and concrete walks. This will serve as permanent stabilization for the walk areas.20.Construct the first lift of pavement in the parking lot. This will serve as permanent stabilization for the parking lot.21.Construct the curbing and fence work at the soft play areas. Install the draintile and surfacing systems and coordinate scheduling of this work with the Owner’sinstallation of the playground equipment.22.Protect the soft play areas by installing erosion control devices on the upstream side of the areas. Do not allow site soils / sedimentation within the soft play areas.23.Construct the site retaining walls upstream of Infiltration Area 1. Provide temporary drainage (pumping, discharge lines, etc) during construction of the walls asrequired. Discharge water shall be routed to the area of Infiltration Area 1.24.Rough and finish grade bituminous path subgrade following the procedures identified in Section 31 00 00 Earthwork.25.Once pavement subgrade testing is complete, construct the stabilized aggregate base course. This will serve as temporary stabilization for the paths.26.Construct the pavement for the bituminous paths. This will serve as permanent stabilization for the paths.27.Begin construction of Infiltration Area 1 and Detention Basin 1. The site relies on these areas for storm drainage as all storm water runoff is contained on site anddoes not discharge to storm sewer. Therefore, it is critical to maintain or enhancethe infiltrating properties of the soil within these areas. Options to accomplish include the following:a.Limit construction traffic within these areas as much as possible to avoid compacting the soils in these areas.b.Use a toothed bucket backhoe to excavate soils. Use off road trucks to haul and dump soils to other parts of the site.c.Use a bucket and backhoe to place soils (where fill is required).d.Use a toothed bucket for rough grading.e.Use manual labor for finish grading.f.Do not use equipment on the surface of the areas as this will compact the soils. Minimize smearing of the soils with mechanical equipment.28.Spread topsoil and finish grade the outlying areas. Topsoil spreading shall include all areas except around the building until the exterior building work is complete.29.Install the irrigation system.30.Finish grade topsoil and prepare these areas for sod.31.Sod the outlying areas. Use the irrigation system to keep sod adequately watered.32.Once building exterior is complete, spread topsoil and prepare areas for sodding. Complete the irrigation system work around the building and install the sod, usingthe irrigation system to keep the sod adequately watered.33.Provide final grading and restoration at the Infiltration and Detention Areas, including:a.Accessing the Areas at a single location to minimize disturbance to the surrounding areas.b.Self propelled equipment of any kind is prohibited within the Infiltration and Detention area limits. Self propelled equipment will compact the soils andadversely affect infiltration.c.Access shall come from outside the Areas (for example, use a backhoe for final excavation that reaches from outside the areas).d.Removal of all accumulated soils other than SP sands using a toothed bucket.e.Removal of all debris by hand.f.Scarify the upper 12 inches of the SP sands as specified in Section 31 00 00 Earthwork.g.Apply peat and blend into upper soil horizon as specified in Section 31 00 00 Earthwork.h.Install plantings (by hand to minimize compaction of soils).34.Provide final lift of pavement and pavement markings.35.Provide final stabilization and cleanup of the site.E.Provide maintenance to erosion control devices and BMP’s to comply with the requirements of the permit.F.Re-install all sediment control practices that have been adjusted or removed to accommodate short-term activates, such as passage of construction vehicles or equipment,immediately after the short-term activity has been completed. All sediment controlpractices shall be re-installed before the next precipitation event if the short term activity is not complete.G.Inspect erosion control devices and provide routine maintenance as follows:1.Inspect erosion control devices a minimum of once per week and inspect, repair and cover erosion-damaged areas within 6 hours of every 24 hour storm eventthat is greater than or equal to 0.5 inches to comply with Minnesota B3Guidelines requirements. Record inspection on log posted in Contractor’s construction trailer or other suitable temporary storage area. All inspections andmaintenance shall be recorded within 24 hours.a.Records of each inspection and maintenance activity shall include:(1)Date and time of inspections(2)Name of person conducting inspection(3)Findings of inspections, including recommendations for corrective actions(4)If any discharge is observed to be occurring during the inspection, a record of all points of the property, from which there is a discharge must be made,and the discharge should be described (i.e., color, odor, floating, settled, orsuspended solids, foam, oil sheen, and other obvious indicators of pollutants. Photographs shall be taken and kept with the inspection log.(5)Corrective actions taken (including dates, times, and party completing maintenance activities(6)Date and amount of all rainfall events greater than one quarter inch (0.25 inch) in 24 hours. Rainfall amounts must be obtained by a properly maintainedrain gauge installed onsite, a weather station that is within 1 mile of the projectsite, or a weather reporting system that provides site specific rainfall data from radar summaries(7)Documentation of changes made to the SWPPP as required by the NPDES General Stormwater Permit for Construction Activity (MN R100001)b.Inspections are not required where the ground is frozen. The required inspections and maintenance schedule must begin within 24 hours after runoff occurs atthe site or 24 hours prior to resuming construction, whichever comes first.2.Provide maintenance for all devices as follows:a.Silt fences, sediment logs, temporary berms, and erosion control devices at storm sewer inlets shall be inspected for depth of sediment, tears, to see if fabric issecurely attached to support posts or structure, and to see that posts and devices aresecurely in place.b.Silt fences, sediment logs, temporary berms, and erosion control devices at storm sewer inlets, and other erosion control devices shall be cleaned whensediment reaches 1/3 the height of the erosion control device, within 24 hours.c.Rock construction entrances shall be inspected for clogging of river rock. River rock that has become clogged with sediment shall be removed and replacedwith fresh river rock.d.Repairs or replacements to all erosion control devices shall occur within 24 hours of discovery.e.Tracked sediment from construction vehicles on to public streets and paved areas (including paved areas on the construction site) shall be removed within 24hours of discovery.f.Streets and other areas adjacent to the project must be inspected for evidence of off-site accumulations of sediment. If sediment is present, it must be removedin a manner and at a frequency sufficient to minimize off-site impacts.g.Removal of sediment and restabilization of Surface Waters shall be accomplished within 24 hours of discovery (note: surface waters include curb andgutter, pavements, storm sewer, swales, or other similar storm water conveyancedevices).H.Provide dewatering of excavations as identified in Section 31 00 00.I.Temporary Soil Stockpiles:1.Temporary soil stockpiles shall not be placed in surface waters of the state, including surface conveyances such as curb and gutter, swales, or ditches.2.Install silt fence at the base of the temporary soil stockpile (full perimeter).3.Temporary soil stockpiles shall be seeded with temporary seed mix and hydromulch when stockpiles are left inactive for periods longer than 48 hours to complywith Minnesota B3 Guidelines requirements. Note, this does not apply toaggregate stockpiles or other stockpiles without significant silt, clay or organic components (clean aggregate stockpiles, clean rock, clean sand and similar cleanaggregates).J.Stabilize denuded areas and (including stockpiles) within the following number of days of last construction activity (temporary or permanent) in that area:1.As soon as possible but in no case later than 48 hours to comply with Minnesota B3 Guidelines requirements.K.Provide maintenance of all sodded areas until fully established.L.Provide cleaning of storm sewer system at the completion of the project. Cleaning shall include removal of accumulated sediment from all surface waters as defined by thepermit (for example, curb and gutter, pavements, swales, Infiltration andDetention areas, detention areas, and storm sewer piping and structures).M.Remove silt fence and erosion control devices at storm sewer inlets following full establishment of site vegetation. Dispose materials properly off-site.N.Apply for Notice of Termination (NOT) with MPCA. NOT must be submitted within 30 days after:1.Site has undergone Final Stabilization (at least 80% vegetative cover), and2.Removal of all temporary erosion control measures (silt fence, etc.), and3.Final cleanout and maintenance of all permanent storm water facilities, and4.Completion of all maintenance activities and site cleanup.11. REFER TO SWPPP NARRATIVE (SECTION 01 89 13) FOR CONSTRUCTION SEQUENCING ANDEROSION CONTROL REQUIREMENTS.12. MAINTAIN ADJACENT PROPERTY AND PUBLIC STREETS CLEAN FROM CONSTRUCTION CAUSEDDIRT AND DEBRIS ON A DAILY BASIS. PROTECT DRAINAGE SYSTEMS FROM SEDIMENTATION ASA RESULT OF CONSTRUCTION RELATED DIRT AND DEBRIS.13. MAINTAIN DUST CONTROL DURING GRADING OPERATIONS.14. ALL EROSION CONTROL METHODS SHALL COMPLY WITH MPCA AND OTHER LOCALREGULATIONS.15. IF EROSION AND SEDIMENT CONTROL MEASURES TAKEN ARE NOT ADEQUATE AND RESULT INDOWNSTREAM SEDIMENT, THE CONTRACTOR SHALL BE RESPONSIBLE FOR CLEANING OUTDOWNSTREAM STORM SEWERS AS NECESSARY, INCLUDING ASSOCIATED RESTORATION.16. SEDIMENT CONTROL DEVICE AT STORM SEWER INLETS. AT THE INLETS TO ALL STORM SEWERSTRUCTURES, PROVIDE A PRODUCT FROM THE FOLLOWING LIST. ACCEPTABLE PRODUCTS:A. WIMCO TOP SLAB™ MODEL RD 27.B. INFRASAFE® SEDIMENT CONTROL BARRIER, DISTRIBUTED BY ROYAL ENVIRONMENTALSYSTEMS, INC. SCB'S SHALL BE SIZED SPECIFICALLY FOR THE STRUCTURE ANDCASTING SPECIFIED. SCB'S SHALL BE EQUIPPED WITH FRAME AND PERFORATEDSHROUD AND SHALL BE WRAPPED ON THE OUTSIDE, COVERING THE PERFORATED WALLONLY, WITH A GEOTEXTILE SOCK.C. DANDY BAG® OR DANDY BAG II® DISTRIBUTED BY BROCK WHITE COMPANY, ST. PAUL,MN (615) 647-0950. DANDY BAG SHALL BE USED ONLY FOR CURB INLETS AFTERPAVEMENT (BINDER COURSE OR WEAR COURSE) IS INSTALLED OR AT EXISTING PAVEDAREAS.D. INFRASAFE® DEBRIS COLLECTION DEVICE BY ROYAL ENVIRONMENTAL SYSTEMS, INC.,DISTRIBUTED BY ESS BROTHERS, 9350 COUNTY ROAD 19, CORCORAN, MN 55357 DCD'SSHALL BE SIZED SPECIFICALLY FOR THE STRUCTURE AND CASTING SPECIFIED. PROVIDEFILTER BAGS AND TIES FOR COMPLETE INSTALLATION.E. OR APPROVED EQUAL. BUILDING ADDITION 1BUILDING ADDITION 2HARD SURFACE PLAYBUS LOOPEXISTING PARKING 2EXISTING PARKING 1951951952952953953953953953953954954 954954 95495495495495595595555.8 ME55.7 ME55.2 ME56.0 ME56.2 ME56.3 ME56.3 ME57.057.057.056.0 this existing low doesn't drain56.456.556.556.757.057.056.556.455.756.056.756.5 ME56.6 ME955955956956956956956956 INFILTRATION BASINSEED MIX - NO MOWALL FESCUE MIX SEEDED AT 200 LBS PER ACREHARD FESCUE - Festuca brevipilaSHEEP FESCUE - Festuca ovinaCHEWINGS FESCUE - Festuca rubra subs. fallaxRED FESCUE - Festuca rubraCOVER MIX WITH NET FREE EROSION CONTROL FABRIC3PS2PG3PS2PG3UC2QB5TA2AP1GT2CO2GDNOTES:LEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)PROPOSED DECIDUOUS TREEPROPOSED CONIFEROUS TREEPROPOSED SHRUBSPROPOSED HERBACEOUS PLANTSAPPROXIMATE SOD LIMITSPROPOSED SEED MIX #1PROPOSED SEED MIX #2PROPOSED NATIVE SEEDINGPROPOSED SHRUB / MULCH BEDPROPOSED LANDSCAPE ROCK BEDPROPOSED LIGHT POLE - REFER TO ELECTRICAL PLANSPROPERTY LINE1. REFER TO SHEET C1.41, GRADING PLAN, FOR GENERAL NOTES.2. REFER TO SWPPP NARRATIVE FOR CONSTRUCTION SEQUENCING AND EROSION CONTROLREQUIREMENTS.3. LANDSCAPE ARCHITECT MUST INSPECT AND APPROVE FINISH GRADING BEFORECONTRACTOR PROCEEDS WITH SODDING AND SEEDING.4. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD WHICH ARE NOT DESIGNATED TO BEPAVED OR RECEIVE AGLIME SHALL RECEIVE AT LEAST 6" OF TOPSOIL AND SHALL BE SODDEDOR SEEDED.5. WHERE NEW SOD MEETS EXISTING TURF, EXISTING TURF EDGE SHALL BE CUT TO ALLOW FORA CONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.6. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD OR RE-SEED ALL APPLICABLE AREAS,AT NO ADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.7. BEGIN TURF ESTABLISHMENT IMMEDIATELY AFTER SODDING OR SEEDING, REFER TOSPECIFICATION FOR PROCEDURE.8. ALL TREES TO BE BALLED AND BURLAPPED.9. ALL TREES AND SHRUBS SHALL RECEIVE 4" DEPTH OF CLEAN SHREDDED HARDWOOD MULCH,UNLESS OTHERWISE SPECIFIED.10. ALL PLANT MATERIALS SHALL BE NO. 1 QUALITY, NURSERY GROWN AND SPECIMENS MUST BEMATCHED. ALL OVERSTORY TREES ADJACENT TO DRIVE AND IN PARKING LOT SHALL BEGINBRANCHING NO LOWER THAN 6'.XXLANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthLANDSCAPING PLANDAVID A. REYXX/XX/XX40180DAR1" = 30'L1.11NOT FOR CONSTRUCTIONMINNESOTAPROFESSIONAL ENGINEER7500 WHITNEY DR,APPLE VALLEY, MN 55124CEDAR PARKELEMENTARYSCHOOL ADDITIONS CIRC VESTIBULE RECEPTION TOILET NURSE CLOSET COPY / STORAGE CONFERENCE OFFICE MECH OFFICEPRINCIPAL12-MONTH NO NEW WORK NO NEW WORK CLOSET 25'-2"32'-0"18'-0" CIRC 48'-0" NO NEW WORK 78'-0" 52'-8"147'-4"52'-8" CLASSROOM MECH STOR CIRCVEST CLASSROOM CLASSROOM CIRC CIRCVEST CLASSROOM WASHROOM 143'-4"_______B6 A1 _______F6 A1 BUILDING ADDITION GROSS SQUARE FOOTAGE: 9,880 SF CIRC VESTIBULE RECEPTION TOILET NURSE CLOSET COPY / STORAGE CONFERENCE OFFICE MECH OFFICEPRINCIPAL12-MONTH CLOSET 25'-2"32'-0"18'-0" CIRC 48'-0" 78'-0" 52'-8"147'-4"52'-8" CLASSROOM MECH STOR CIRCVEST CLASSROOM CLASSROOM CIRC CIRCVEST CLASSROOM WASHROOM 143'-4"F E D C B A 1 2 3 4 5 6 7 8 A MN NorthCheck: Drawn: Date: Comm: License Number: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed under the laws of the State of Scale: Date 7500 Olson Memorial Highway, Suite 300 Golden Valley, MN 55427 wenck.com | 952 837 3308 8/23/2017 10:38:29 AMC:\Users\tertl\Documents\152266_CP 2017 ADD & RENO_tertl.rvtAs indicatedCentral: \\Wae-srv-mn.woldae.com\StPaul\ISD196\ES_Cedar Park\152266 - 2017 Addition &Renovation\02_ARCH\Revit\152266_CP 2017 ADD & RENO.rvtA1 FLOOR PLANS NOT FOR CONSTRUCTION 152266 MINNESOTA R. SCOTT MCQUEEN 20155 ARCHITECT ISD #196: ROSEMOUNT - APPLE VALLEY - EAGAN PUBLIC SCHOOLS CEDAR PARK ELEMENTARY 2017 IMPROVEMENTS 3455 153RD STREET WEST ROSEMOUNT, MINNESOTA 55068 7500 WHITNEY DRIVE APPLE VALLEY, MINNESOTA 55124 0 1/16" = 1'-0" MAIN LEVEL FLOOR PLAN, OVERALLF2 12' 24' 0 1/8" = 1'-0" MAIN LEVEL FLOOR PLAN, AREA 'B'B6 6' 12' 0 1/8" = 1'-0" MAIN LEVEL FLOOR PLAN, AREA 'E'F6 6' 12' Revisions Description Date Num BASEML 100'-0" BRICK LEDGE 99'-4"PRECAST SHAPE NO. 1 PRECAST SHAPE NO. 1 PRECAST SHAPE NO. 1 32'-0"83'-4"32'-0" BRICK, TO MATCH EXISTINGMETAL COPING, TO MATCH EXISTING ALUMINUM WINDOW, TO MATCH EXISTINGALUMINUM DOORS AND STOREFRONT T.O. MASONRY 115'-4"15'-4"SCREENED CONDENSING UNIT BASEML 100'-0" T.O. MASONRY 115'-4" BRICK LEDGE 99'-4" PRECAST SHAPE NO. 1 T.O. MASONRY 115'-4" PAINTED METAL LOUVER, TYP METAL COPING, TO MATCH EXISTING ALUMINUM WINDOW, TO MATCH EXISTING BRICK, TO MATCH EXISTING SCREENED CONDENSING UNIT BASEML 100'-0" BRICK LEDGE 99'-4" T.O. MASONRY 115'-4" PRECAST SHAPE NO.1 METAL COPING, TO MATCH EXISTINGALUMINUM WINDOW, TO MATCH EXISTING BRICK, TO MATCH EXISTING 31'-0"21'-8" BASEML 100'-0" BRICK LEDGE 99'-4" T.O. MASONRY 115'-4" METAL COPING, TO MATCH EXISTING BRICK, TO MATCH EXISTING BASEML 100'-0" T.O. MASONRY 115'-4" BRICK LEDGE 99'-4" T.O. MASONRY 115'-4" METAL COPING, TO MATCH EXISTING BRICK, TO MATCH EXISTING BASEML 100'-0" BRICK LEDGE 99'-4" OFFICE T.O. MASONRY 114'-8" CONCRETE STOOPPRECAST SHAPE NO. 1 BRICK, TO MATCH EXISTING METAL COPING, TO MATCH EXISTING ALUMINUM WINDOW, TO MATCH EXISTING ALUMINUM DOORS AND STOREFRONT PAINTED METAL LOUVER, TYP PHENOLIC WALL PANEL 19'-4" 2'-0" 10'-8" 23'-2" 2'-0" SCREENED CONDENSING UNIT BASEML 100'-0" BRICK LEDGE 99'-4" OFFICE T.O. MASONRY 114'-8" PRECAST SHAPE NO. 1 BRICK, TO MATCH EXISTING METAL COPING, TO MATCH EXISTING ALUMINUM WINDOW, TO MATCH EXISTING PHENOLIC WALL PANEL 45'-4" SCREENED CONDENSING UNIT F E D C B A 1 2 3 4 5 6 7 8 A MN NorthCheck: Drawn: Date: Comm: License Number: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed under the laws of the State of Scale: Date 7500 Olson Memorial Highway, Suite 300 Golden Valley, MN 55427 wenck.com | 952 837 3308 8/23/2017 10:38:30 AMC:\Users\tertl\Documents\152266_CP 2017 ADD & RENO_tertl.rvt 1/8" = 1'-0"Central: \\Wae-srv-mn.woldae.com\StPaul\ISD196\ES_Cedar Park\152266 - 2017 Addition &Renovation\02_ARCH\Revit\152266_CP 2017 ADD & RENO.rvtA2 ELEVATIONS NOT FOR CONSTRUCTION 152266 MINNESOTA R. SCOTT MCQUEEN 20155 ARCHITECT ISD #196: ROSEMOUNT - APPLE VALLEY - EAGAN PUBLIC SCHOOLS CEDAR PARK ELEMENTARY 2017 IMPROVEMENTS 3455 153RD STREET WEST ROSEMOUNT, MINNESOTA 55068 7500 WHITNEY DRIVE APPLE VALLEY, MINNESOTA 55124 0 1/8" = 1'-0" WEST ELEVATION, AREA 'E'B1 6' 12'0 1/8" = 1'-0" NORTH ELEVATION, AREA 'E'B6 6' 12' 0 1/8" = 1'-0" SOUTH ELEVATION, AREA 'E'C1 6' 12'0 1/8" = 1'-0" SOUTH ELEVATION 2, AREA 'E'C3 6' 12'0 1/8" = 1'-0" NORTH ELEVATION 2, AREA 'E'C4 6' 12'0 1/8" = 1'-0" EAST ELEVATION, AREA 'B'C6 6' 12' 0 1/8" = 1'-0" NORTH ELEVATION, AREA 'B'D1 6' 12' Revisions Description Date NumEXISTINGADDITIONADDITIONEXISTINGEXISTINGADDITIONEXISTINGADDITIONADDITIONEXISTING MEMORANDUM To: Kathy Bodmer, City of Apple Valley From: Scott McQueen, Wold Architects and Engineers Date: August 31, 2017 Comm. No: 152266 Subject: Independent School District #196 Cedar Park Elementary School Parking Requirement/Parking Study As the District proposes development at its existing Cedar Park Elementary School to implement improved safety and security at its entrance, the proposal includes a 6,680 square foot addition of four classrooms and a 3,200 square foot addition to place the School’s main office directly adjacent to the front door to promote security and welcoming. This project has a minor net effect on capacity that should be counted as four additional classrooms or an additional 96 student capacity. In review of Apple Valley City ordinances, we understand there is not a specific pa rking requirement for a school building type. We do understand that the city staff have come up with a guideline that suggests one parking stall for every four students in building capacity plus one stall for every three staff. This guideline therefore calls for 219 parking stalls based upon the proposed changes. We have found this guideline to be unrealistic based upon current elementary school projects in adjacent municipalities within District #196. Using Cedar Park Elementary, whose student population is 730 students, 70 staff members, and 27 classrooms, we can compare the variety of municipalities. Municipality Requirement/Guideline Resulting Stall Count Apple Valley One Stall per 4 Students One Stall per 3 Staff 207 Stalls Rosemount One Stall per 20 Students One per classroom 64 Stalls Eagan No requirement per individual review TBD Stalls Lakeville One Stall per 7 Students 105 Stalls Burnsville One Stall per 2 classrooms One Stall per Staff member 84 Stalls MEMORANDUM Page 2 of 3 We have also found the Apple Valley guideline for stall requirement to be in excess of what is found at every public elementary school site in Apple Valley. School AV Guideline Actual Deficit? Diamond Path 219 136 83 Westview 197 103 94 Cedar Park 207 85 122 Highland 189 78 111 Greenleaf 242 134 108 Southview 213 97 116 We understand that schools often are unique facilities that require individual review and as such are often “conditional use.” We also acknowledge there are a handful of events each year in which an elementary school can never have enough parking, such as: Open House/Conferences Grandparents Day Large Celebrations As for daily use of an elementary school and the parking needs, there is a daily pattern, which is fairly consistent throughout the year that can be studied. There are only a handful of stalls available on any given day in the main lot at Cedar Park. The current configuration at Cedar Park Elementary is 85 spaces. It would seem that there is adequate parking at the site currently but to address any potential demand due to the proposed development which adds four classrooms and approximately 96 student capacity. It appears the average daily demand is around 83 stalls for a current student population of 730. We would project a post development capacity of approximately 825 students; therefore, parking in excess of 94 stalls would appear to be sufficient, if we assume proportionality and compare to similar District facilities. The proposed development, currently, is for 107 stalls. Concurrent with the addition and entrance project, the District is proposing to reconfigure the assignment of bus drop-off and parent drop-off to provide additional safe separation of parents and buses, as well as pedestrians. Currently there is very limited space to share between buses and parents at the entry side of the school. The revised layout flips buses to the west into a new bus lot and keeps parents on the east side allowing them to expand into former bus territory which allows for a significant parent parking and waiting area (as parents often arrive 45 minutes early in the afternoon) and is anticipated to shorten the afternoon queue out onto Whitney Drive. This reconfiguration also results in some parking increase overall. MEMORANDUM Page 3 of 3 The design as submitted indicates a total parking capacity of 107 cars. This exceeds our observed demand and our calculated need by approximately 13 cars. The new bus corral is intended to be exclusively for buses and staff during morning drop-off and evening pick-up, but it is recognized that at other times of the day, and certainly in the evenings and weekends, it can also serve as additional parking capacity to se rve the community. We have developed this recommendation with our clients at District #196 and they believe this proposal adequately meets their needs. The data we were able to gather, and what we have experienced planning dozens of elementary schools, seems to support this proposal. Let us know if you have any follow-up questions or concerns. cc: Jeff Solomon, ISD #196 Douglas Kahl, Wold CM/ISD_196/152264/crsp/aug17 I T E M: 4.K . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Scott Highlands Middle School Final P lat and Waiver of Development Agreement S taff Contact: K athy Bodmer, A I C P, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: I ndependent S chool D istrict 196 P roject Number: P C17-21-F Applicant Date: 7/10/2017 60 Days: 9/7/2017 120 Days: 11/6/2017 AC T I O N RE Q UE S T E D: Adopt resolution approving final plat and waiver of development agreement for Scott Highlands Middle School (14011 Pilot Knob Road). S UM M ARY: ISD 196 is undertaking several projects to update and upgrade the schools in the district. Many of the schools will have the front entrance modified to provide enhanced building security. Both the zoning and subdivision chapters of the City C ode require a property to be platted in order to obtain a building permit. A review of City records noted that several of the School D istrict properties were never platted, including Scott Highlands Middle School. No changes are proposed to be made to the property. T he plat is primarily a housekeeping item. A subdivision agreement is not required because water, sanitary sewer and street already serve the property. 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 F inal Plat L ocation Map L etter CITY OF APPLE VALLEY RESOLUTION NO. 2017 - ___ FINAL PLAT AND WAIVER OF DEVELOPMENT AGREEMENT SCOTT HIGHLANDS MIDDLE SCHOOL WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision and platting of land within its borders; and WHEREAS, application has been made to the City to approve a final plat which serves to plat a metes and bounds described property into a single parcel; and WHEREAS, pursuant to Section 153.34 of the Apple Valley Code of Ordinances, provision is made to approve a plat without benefit of a public hearing, provided the plat does not create additional lots or new streets and is not defined as a subdivision pursuant to Minnesota Statutes 462.352. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the final plat of the following described plat of land is found to comply with the applicable standards of Chapter 153 of the City Code and is hereby approved, waiving the requirement for a development agreement, and that the Mayor and City Clerk are authorized to sign the same, to wit: SCOTT HIGHLANDS MIDDLE SCHOOL BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said plat shall be filed with the Dakota County Recorder within sixty (60) days of the certified release from the City Offices or such approval shall be null and void. BE IT FURTHER RESOLVED, that the lot monuments shall be installed on or before June 30, 2018. The owner shall furnish the City proof of installation of the monuments. BE IT FURTHER RESOLVED, as a condition of this final plat approval, no Certificate of Occupancy for any new structure or addition to any existing structure on the property shall be issued until the City receives confirmation of the recording of the plat at the Dakota County Recorder’s Office. ADOPTED this 26th day of October, 2017. __________________________________ 2 Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council and the final plat is hereby released for recording with the Dakota County Recorder this _____ day of _____________________, _______. ____________________________________ Pamela J. Gackstetter, City Clerk SITE 140T H ST W PILOT KNOB RD144T H ST W 142N D ST W JOHNNY CAKE RIDGE RDE S S E X TRL ESSEX AVEEMBRYP A T HEVERESTAVE139TH ST W 142ND PATH W 1 43 R D S T W DUB L INRDEUCLIDCTELGINCT141ST ST WE L KH ARTRD13 8 TH STW 145TH ST W EMBASSY AVEEVELETHCTEXLEY LNEUCLI DAVEEXCELSIORLNEMPIREAVE1 3 4 T H S T W FA L C O N AVE147TH ST W ESTATES AVEELMIRACTEBO NY LN EUROPAAVEENSLEY CTEMBE R W A YELYSIUMPLES S E X C TFERNANDOAVEFAIR O A K LN EVERGREEN CT EVELETHAVEEMB A SSYWA Y UPPER 147TH ST W EUREKA CTFARMINGTONWAYEXLEYWAY EMERALDWAYEVERG R EEN TRL MIRA AVEPRIVATE R D EVENDA L EWAYEMERALD PAT H E L K H A R T C T EMBRY CTEMPIRE CTPILOT KNOB RDUPPER147THSTWEVERESTAVE 147TH ST W 144TH ST W SCOTT HIGHLANDSMIDDLE SCHOOL µ LOCATION MAP ^ Dakota County Surveyor’s Office Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 952.891 -7087 Fax 952.891 -7127 www.co.dakota.mn.us September 21, 2017 City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 Re: SCOTT HIGHLANDS MIDDLE SCHOOL The Dakota County Plat Commission met on September 18, 2017, to consider the preliminary plat of the above referenced plat. The plat is adjacent to County State Aid Highway (CSAH) 31 (Pilot Knob Road), and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed plat includes the existing Scott Highlands Middle School. The right-of-way needs are 75 feet of half right of way, which is shown on the plat. Restricted access should be shown along all of CSAH 31 except for one 50-foot access opening for the existing right-in only access. A quit claim deed to Dakota County for restricted is required to be recorded with the plat mylars. The Plat Commission has approved the preliminary plat provided that the described conditions are met, and reviewed the final plat and recommends approval to the County Board of Commissioners provided that the described conditions are met. Traffic volumes on CSAH 31 are 18,900 ADT and are anticipated to be 24,000 ADT by the year 2030. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: I T E M: 4.L . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving R umoulington A ddition F inal P lat and Waiver of D evelopment A greement (135 Surrey Trail South) S taff Contact: K athy Bodmer, A I C P, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: Dan Moulin P roject Number: P C17-36-F Applicant Date: 10/12/2017 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Adopt resolution approving Rumoulington A ddition final plat and waiver of development agreement (135 Surrey Trail South). S UM M ARY: Dan Moulin, 135 Surrey Trail South, requests consideration of the final plat of Rumoulington Addition. T he plat is requested in order to obtain a building permit to construct an accessory building on his residential property. T he zoning code requires that a property be platted in order to obtain a building permit. T he property description currently contains portions of three platted lots from two plats that have been combined into a single tax ID. T he final plat will combine the parcels into a single lot. T his is primarily a housekeeping item. T he City Engineer has reviewed and has no concerns. No other changes to the property are proposed. T here will be no change to existing City streets or public utilities. A s a result, no development agreement is required for this final plat. 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 F inal Plat L ocation Map Map CITY OF APPLE VALLEY RESOLUTION NO. 2017 - ___ FINAL PLAT AND WAIVER OF DEVELOPMENT AGREEMENT RUMOULINGTON ADDITION WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision and platting of land within its borders; and WHEREAS, application has been made to the City to approve a final plat which serves to combine three previously platted lots into a single parcel; and WHEREAS, pursuant to Section 153.34 of the Apple Valley Code of Ordinances, provision is made to approve a plat without benefit of a public hearing, provided the plat does not create additional lots or new streets and is not defined as a subdivision pursuant to Minnesota Statutes 462.352. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the final plat of the following described plat of land is found to comply with the applicable standards of Chapter 153 of the City Code and is hereby approved, waiving the requirement for a development agreement, and that the Mayor and City Clerk are authorized to sign the same, to wit: RUMOULINGTON ADDITION BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said plat shall be filed with the Dakota County Recorder within sixty (60) days of the certified release from the City Offices or such approval shall be null and void. BE IT FURTHER RESOLVED, that the lot monuments shall be installed on or before June 30, 2018, or prior to release of any building permit, whichever occurs first. The owner shall furnish the City proof of installation of the monuments. BE IT FURTHER RESOLVED, as a condition of this final plat approval, no Certificate of Occupancy for any new structure or addition to any existing structure on the property shall be issued until the City receives confirmation of the recording of the plat at the Dakota County Recorder’s Office. ADOPTED this 26th day of October, 2017. 2 __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council and the final plat is hereby released for recording with the Dakota County Recorder this _____ day of _____________________, _______. ____________________________________ Pamela J. Gackstetter, City Clerk SITE PENNOCK AVECIMARRON RD SUR R E Y T R LS SURREY TRLNGRAN DVIEW TER PALOMINODRRAMPCHAPARRAL DRCEDAR AVE RAMPCIMARRON CT RUMOULINGTON ADDITION135 SURREY TRAIL SOUTH µ LOCATION MAP ^ Half-Section Map Rumoulington Addition SITE I T E M: 4.M. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove E xtension Notice to L ease Agreement with C harter Cable P artners, L L C 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 the Extension Notice to Lease A greement with C harter C able Partners, LLC. S UM M ARY: Charter C able Partners, LLC , has requested a lease extension related to their assets located at the C entral Maintenance Facility, 6442 140th Street. T he existing lease agreement with Charter C able Partners is through September 30, 2017. A short-term lease extension will permit the C ity and C harter to negotiate a new lease agreement. T he lease extension (attached) will be from October 1, 2017, to December 31, 2017. C urrent lease terms will be extended during the lease extension period. T he C ity A ttorney has been contacted to assist with the lease renewal. B AC K G RO UND : T he current lease was approved on September 25, 1997. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Agreement L etter 888.GET.CHARTER www.charter.com 6399 South Fiddler’s Green Circle Greenwood Village, CO 80111 EXTENSION NOTICE TO LEASE AGREEMENT VIA EMAIL: September 29, 2017 City of Apple Valley Attn: Carol Blommel Johnson 7100 147th Street West Apple Valley, MN 55124 CBlommel@ci.apple-valley.mn.us SUBJECT: EXTENSION OPTION NOTICE Site Lease Agreement dated September 25, 1997, extend by Lease Extension letter dated July 6, 2012 between the City of Apple Valley as “Landlord” and Charter Cable Partners, LLC as “Tenant” for the premises located at 6442 W 140th Street, Apple Valley, MN 55124. (Charter Communications File ID#MN0119) Dear Landlord: The Landlord and Tenant to the Site Lease Agreement hereby agree to the following terms: EXTENDED TERM: The Site Lease Agreement will be extended for the period of October 1, 2017 thru December 31, 2017. RENT: Rent for the said Extension Period will be as follows: Period: Monthly Rent: 10/01/2017 – 12/31/2017 $557.25 All other terms and conditions of the Site Lease Agreement shall remain in full force and effect. If you have any questions please contact Jennifer Muller at Jennifer.muller@charter.com or 720-482-4287. Sincerely, TENANT: LANDLORD: Charter Cable Partners, LLC City of Apple Valley By: Charter Communications, Inc., By: its Manager Name: Title: its Mayor By: Name: Randy Givan By: Title: Vice President, Real Estate Name: Title: its City Clerk I T E M: 4.N. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove Agreement with Gregory and Heidi F rankosky f or Temporary A ccess E asement and E lectrical S ervice f or S cout L ake Aeration S ystem 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 a temporary access easement and electrical service agreement with Gregory and Heidi Frankosky for Scout Lake aeration system access and electricity reimbursement. S UM M ARY: Attached for your consideration is a temporary access easement and electrical service agreement that allows staff access to power an aerator on Scout Lake and to reimburse electricity costs for aerator operation to the property owner. T he agreement has been reviewed by the C ity Attorney. No additional compensation is sought by the property owners and they are willing partners in the effort to improve water quality. A fish survey by Blue Water Science in 2015 showed an overabundance of stunted bullheads in the lake, a factor that can exacerbate poor water quality. Given the survey results the C ity began planning a fish management strategy for the lake. With input from the Scout Lake neighborhood, it was determined that bullheads will be removed by a commercial fisherman, followed by game fish stocking this fall. T he operation of an aerator with electrical hookup is necessary to ensure the stocked fish survive the winter. B AC K G RO UND : Scout Lake is located in Briar Oaks Park and often experiences summertime water quality problems. Algal blooms and turbid water indicative of nutrient and erosion issues are frequent. Water quality sampling from 2007 to present through the C itizen Assisted Monitoring Program (C A MP) indicate phosphorus, algae, and water clarity do not meet State water quality standards. B UD G E T I M PAC T: Funds for the electrical and aerator are included in the 2017 Stormwater Utility Fund. AT TAC HM E NT S: Agreement I T E M: 4.O. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove Agreement with MS D S online f or O nline S af ety Data Sheet (S D S) S ervices 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 agreement with MSD Sonline for online safety data sheet (SD S) services. S UM M ARY: Staff recommends approving the agreement with MS D Sonline fo r online SD S subscription and account management services. B AC K G RO UND : T he Occupational Safety and Health Administration (O SHA) Hazard C ommunication Standard requires that the chemical manufacturer, distributor, or importer provide Safety Data Sheets (S D S) (formerly MSD S or Material Safety Data Sheets) for each hazardous chemical to users to communicate information on these hazards. T he S D S includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. Employers must maintain a complete and accurate S D S for each hazardous substance used in their facility and are entitled to obtain this information automatically upon purchase of the material. Employers must ensure that the SD Ss are readily accessible to employees for all hazardous chemicals in their workplace. Currently, the C ity maintains only paper S D S copies in binders in designated locations throughout City facilities. Implementation of an online system will allow fast, easy, C ity- wide access to the most updated version of each SD S, as well as aid in the required retention of current and formerly used SD Ss. T he City's C entral Maintenance Safety C ommittee has researched vendors for online SD S subscription and account management, and the committee recommends MS D Sonline for these services. B UD G E T I M PAC T: $3,946.55 in first year of agreement (includes one-time setup fees); included in adopted budget. $2,611.55 in second year of agreement; included in proposed budget. AT TAC HM E NT S: Agreement Contract #: 075477 MSDSonline Proprietary and Confidential Page of 1 2 MSDSonline Signature: {{Sig_es_:sender:signature:font(name:Arial,size=7)}} Name: {{Sig_es_:sender:fullName:font(name:Arial,size=7)}} Title: {{Ttl_es_:sender:title:font(name:Arial,size=7)}} Date: {{Dte_es_:sender:date:font(name:Arial,size=7)}} City of Apple Valley Signature: {{Sig_es_:signer:signature:font(name:Arial,size=7)}} Name: {{Sig_es_:signer:fullName:font(name:Arial,size=7)}} Title: {{Ttl_es_:signer:title:font(name:Arial,size=7)}} Date: {{Dte_es_:signer:date:font(name:Arial,size=7)}} Net 30 Annually 1/1/2018 PO Number: Payment Terms: Billing Frequency: Initial Invoice Due: Not Applicable Fourteen (14) calendar days after execution Determined upon execution 2 Years 1 Location(s) Related Contract: Contract Start Date: Contract End Date: Term: Coverage: Ship to: City of Apple Valley Mary Thelen 7100 147th St W Saint Paul, MN 55124 Customer Attn: Address: Bill to: City of Apple Valley Mary Thelen 7100 147th St W Saint Paul, MN 55124 Customer: Attn: Address: 075477 10/3/2017 Roger Camarena 10/31/2017 Contract Number: Contract Date: Sales Rep: Offer Valid Through: 222 Merchandise Mart Plaza, Suite 1750 Chicago, IL 60654 Ph: 312.881.2000 Fax: 866.320.1021 Tax ID #: 04-3626476 Customer Order Form Customer Information Terms and Conditions MSDS Management Qty Year 1 Year 2 HQ Account 1 $2,611.55 $2,611.55 Management Licenses - HQ 2 $0.00 $0.00 Services Qty Year 1 Year 2 Implementation Services 1 $275.00 PDF Processing/Scanning 530 $1,060.00 Total:$3,946.55 $2,611.55 This Customer Order is governed by the terms and conditions of the MSDSonline Master Subscription Agreement, as posted on www.MSDSonline.com. By signing below, Customer agrees to be bound by such terms and conditions. MSDSonline may deem this Customer Order null and void if executed agreement is not received by MSDSonline by the “Offer Valid Through” date listed above, or if the document is returned with handwritten changes. Contract #: 075477 MSDSonline Proprietary and Confidential Page of 2 2 Exhibit A Base subscription pricing includes: 1 annual HQ subscription(s) for the Customer and its employees included within the Coverage of this agreement A Primary Account Administrator and 1 Additional Administrator(s). Additional Administrators may be purchased for $100 USD per Administrator. Unlimited MSDS database searches, views and additions to the eBinder. Annual allotment of 50 MSDS Requests and 100 MSDS Uploads. Additional MSDS Requests may be purchased in bundles of fifty (50) for $200 USD; additional MSDS Uploads may be purchased in bundles of (100) for $200 USD. Implementation Services and Customer/Technical Support. MSDSonline will provide implementation assistance that includes the following:Implementation Service: An assigned contact who will escort you through the implementation process. Assistance with the configuration of the system in a manner most suitable to your environment. Training (phone or Web conference) to any named system administrator (Primary or Additional). Help facilitating the deployment of your system across your organization. Unlimited access to the Customer Care and Technical Support resources to answer any questions you may have (between the hours of 7am and 7pm CST). MSDSonline will build the Customer’s electronicCompliance Services Project – PDF Processing/Scanning Paper Documents: MSDS library (eBinder) by either processing electronic MSDS files (PDF preferred) or scanning paper MSDS documents supplied by the Customer for a flat fee of $1060 USD based on there being up to 530 MSDS files. Standard Indexing package will be applied. Includes the following fields: Product Name, Product Synonyms, Product Code, Manufacturer Name, Supplier Name, MSDS Revision Date, Regulatory Format and Primary CAS Number. Additional fields may be indexed upon request (additional charges may apply). If the total number of MSDS files or documents submitted falls below 530, MSDSonline will grant additional MSDS Requests and MSDS Uploads as credit. An additional charge of $2.00 USD per MSDS will be assessed if the number of MSDS files or documents submitted exceeds 530. MSDSonline will obtain approval prior to proceeding on any work that will result in additional charges. MSDSonline has agreed to defer the due date for all Year One(1) fees, which normally become due 30 calendar days after the execution of this Customer Order Form, and unless otherwise noted below until 1/1/2018. The Base Subscription period will commence fourteen (14) calendar days after the execution date and will become the subscription "anniversary date". Subsequent yearly fees will be invoiced between 45 and 60 days before each anniversary date, with payments due prior to each anniversary date. Year One (1) Compliance Services fees totaling less than $5,000.00 USD will be invoiced in their entirety shortly after execution of this Customer Order Form. Where Year One (1) Compliance Services fees total $5,000.00 USD or more, MSDSonline will invoice 50% of these fees shortly after execution of this Customer Order Form. In either case, these invoices become due within 30 calendar days of the execution date of this Customer Order Form, are NON-REFUNDABLE, and must be made prior to final project delivery. Any remaining Compliance Services project fees will be invoiced upon final project delivery. I T E M: 4.P. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove Agreement with Marco Technologies, L L C, for Managed Voice f or Mitel S taff Contact: Nathan B ang, I nformation Technologies Manager D epartment / Division: Administration / I nf ormation Technologies AC T I O N RE Q UE S T E D: Approve 3-year agreement with Marco Technologies, LLC, for Managed Voice for Mitel services in the amount of $48,879.00. S UM M ARY: In 2016, the C ity implemented a new Mitel telephony system through Marco Technologies. In effort to maintain current functionality, adopt future feature enhancements, and receive ongoing service and support, the C ity desires to partner with Marco Technologies for the these services. B AC K G RO UND : In 2016, a Mitel telephony system was implemented by Marco Technologies replacing an end-of-life N EC telephony system. T his Mitel phone system encompasses nearly 260 telephone handsets connected to hardware and software systems hosted on-premise. T hese systems and software applications require maintenance, both for ongoing operations as well as to adopt new feature capabilities. T he original procurement of the Mitel system utilized the National J oint Powers Alliance (N J PA) contract through Marco Technologies. As a reputable, local service provider, Marco offers ongoing service and support for the Mitel telephony system, along with software assurance through Mitel to maintain and enhance the city's investment into the phone system. T he software assurance program, along with the service contract (collectively referred to as Managed Voice for Mitel), grants the C ity access to regular service and support, software enhancements, and annual product upgrades for the term of the contract. Staff recommends approval of the attached agreement, or substantially similar agreement subject to attorney review, with Marco Technologies, LLC for Managed Voice for Mitel. B UD G E T I M PAC T: T he maintenance agreement was identified and budgeted within the annual budget process for 2017 and beyond. AT TAC HM E NT S: Agreement © 2016, MARCO 4510 Heatherwood Road, St Cloud, MN 56302-0250 Page 1 of 4 Updated 5/18/2017 asj Phone: 320.259.3098 / Fax: 320.259.3087 Customer Initials _______ Marco Managed Voice for Mitel Marco Managed Voice [MMV] Contract Information Bill To Name City of Apple Valley Contract Number Renewal of CN151748-01 Address 7100 West 147th Street, Contract Start Date October 4th, 2017 City, State, Zip Apple Valley, MN 55124 Contract End Date October 3rd, 2020 Location Billing Cycle 3 year with annual billing Account ID CO11111166 Salesperson Paul Hagen Contact Name Nathan Bang Renewals Rep/Invoice # Angela Anderson Included in Contract Please list ALL hardware and applications that are covered by this contract Qty Item # Description Serial # Price Each Total 3 Marco Service $10,152.00 $30,456.00 3 Mitel 3300 MXE Media Gateway 2CVFW154802N 3 vMAS MiCollab Software Assurance 21754173 $0.00 $0.00 3 vMBG MiVoice Border Gateway Software Assurance 23516342 $25.00 $75.00 3 Gateway2 MiVoice Business Software Assurance 42835636 $125.00 $375.00 3 Gateway1 MiVoice Business Software Assurance 84921454 $221.00 $663.00 3 vMCD MiVoice Business Software Assurance 90447961 $425.00 $1,275.00 3 UCC/ULM ULM Aggregate Enterprise Software Assurance 91544626 $5,345.00 $16,035.00 Exclusions from Contract Please list ALL hardware and applications that are NOT covered by this contract Qty Item # Description Serial # Price Each Total Contract Notes Please list ALL hardware, applications or other additions, changes or notables to this contract THIS IS NOT AN INVOICE. Tax and/or shipping charges may be added, where applicable. Total Amount - 3 year $48,879.00 Annual Amount per year $16,293.00 © 2016, MARCO 4510 Heatherwood Road, St Cloud, MN 56302-0250 Page 2 of 4 Updated 5/18/2017 asj Phone: 320.259.3098 / Fax: 320.259.3087 Customer Initials _______ Marco Managed Voice Terms and Conditions Terms, Conditions, and Definitions For service as specified below on the equipment listed above, the undersigned agrees to pay in advance the Total Amount Due Marco, in accordance with the terms specified. Marco reserves the right to delay service if your regular account is delinquent. The undersigned represents that they are the Owner of the equipment or that they have the Owner’s authority to enter into this Agreement. This Agreement is subject to acceptance by Marco. It takes effect on the Contract Start Date, and can be renewed at then prevailing rates, if accepted by the undersigned, unless either party provides written notice of its intent to cancel 90 days prior to its Contract End Date. Any manufacturer Software Assurance (SWA) fees are non- refundable. If this is a multi-year contract, early termination fees may be applicable. Designation of Coverage Contracted Coverage Period – The period of coverage the Customer is paying for support. The options are 8:00 am -5:00 pm CT Monday through Friday, excluding Marco published holidays or an uplift to 24x7, 7 days a week. Customer’s selected option is indicated below. (Assumes M-F 8x5 unless Option B is selected). Standard Support Desk Hours -- 8:00 am – 5:00 pm CT Monday through Friday excluding Marco published holidays. Manned 24x7 to report trouble. Email ITservice@marconet.com or call 800-847-3098 #2 for support outside of regular business hours (8-5). Remote Access* – Remote access is required for support. Additional charges may apply if remote access is not available. PPM – Principal Period of Maintenance (PPM) 8:00 am – 5:00 pm CT Monday – Friday, excluding Marco published holidays. PPU – Principal Period of Upgrades (PPU) 7:00 am – 7:00 pm CT Monday – Friday, excluding Marco published holidays. Emergency Two Hour Response - Marco provides an initial response to emergency trouble calls within 2 hours during the PPM. EMERGENCY is defined as a major service impacting event consisting of one or more of the following: 1) No incoming or outgoing calls 2) 40% of all telephones inoperative 3) 20% of all outside lines inoperative 4) Attendant console is inoperative or mainline target inoperable Standard Next Business Day Preferential Response – Marco responds the next business day to routine trouble calls. Labor and Travel for Emergency or Standard Trouble Calls—Labor and travel is included at no charge during the PPM. © 2016, MARCO 4510 Heatherwood Road, St Cloud, MN 56302-0250 Page 3 of 4 Updated 5/18/2017 asj Phone: 320.259.3098 / Fax: 320.259.3087 Customer Initials _______ Part Coverage and Service Labor Regarding Replacement Parts – Replacement of currently covered, failed components will be shipped to the Customer. Replacement equipment and parts will be of equal quality of the original parts. * Customer must also have current Software Assurance (SWA) in place through Mitel in order for Marco to obtain manufacturer support assistance for escalated troubleshooting or to upgrade software levels if needed to accommodate replacement hardware. If the equipment, software, or licensing is not currently covered or not currently supported by the manufacturer, services will not be covered under this Agreement. At this point, services may be provided on a billable basis at Marco standard service rates in Marco’s discretion. Assumes “in stock” status at the distributor/manufacturer. If not available, Marco may provide an alternate solution as a temporary measure. Remote Moves, Adds, and Changes (MAC) – Remote access is required for support. If Marco is requested to go to the Customer site to perform MAC work, additional charges will apply at Marco standard service rates. Net-new setup or installation of additional equipment is not considered MAC work and will be billable at Marco standard service rates. Software Updates – Updates to correct any software errors that prevent your system from performing to published specifications are included during PPU. This assumes no hardware replacements or software licensing is required. If applicable, Customer will be responsible for hardware and or licensing purchases needed to support the software update. Software Upgrades † – Upgrades to keep your system at a minimum load to reflect manufacturer support requirements will be included in this Agreement, provided the Mitel operating system is able to be upgraded via software and the Customer has a current Mitel Software Assurance (SWA) in place. Upgrades that are able to be performed during the PPU (7 am – 7 pm CT) will be covered under this Agreement without additional labor charges. Upgrades that must be performed outside of the PPU will be billable at Marco standard service rates. Customer will be responsible for hardware purchases needed to support the upgrade. This Agreement does not include Microsoft Windows operating systems. †Requires a minimum annual contract spend (Total Amount Due [annual term]) of $2,400.00 (not including SWA). If Customer’s annual contract spend (not including SWA) is less than the minimum, labor to upgrade will be billable at Marco standard service rates. Customer must be on a Mitel manufacturer supported version (N-1) to qualify for Software Assurance and vendor support. Marco support will be at Marco’s discretion if Customer does not remain on a manufacturer supported version. N-1 means the current release of software or 1 version behind. Versions older than N -1 are supported at Marco’s discretion only. Handset Training – Access to Web based training via manufacturer site. * All Marco Managed Voice contracts require remote access and full administrative rights. Onsite service will be billable at Marco standard service rates for an issue that could be resolved remotely. Not Covered Overtime Labor – Unless option B (24x7 coverage) is selected below, labor outside of the PPM will be billable at Marco standard service rates. MAC On-Site Labor—If on-site labor is required or specifically requested by Customer for Moves, Adds or Changes, services will be billed at Marco standard service rates. Equipment and Labor Costs for Hardware Upgrades Facility Changes - Any adjustments to the system necessitated by building or furniture changes. Acts of God or Abuse - Repairs necessitated by Acts of God such as lightning, water damage, fire, any other cause beyond Marco’s reasonable control, Customer misuse, and any other damage caused by other than normal use. © 2016, MARCO 4510 Heatherwood Road, St Cloud, MN 56302-0250 Page 4 of 4 Updated 5/18/2017 asj Phone: 320.259.3098 / Fax: 320.259.3087 Customer Initials _______ Virus or SPAM—Any Virus or SPAM attack damage is not included in this Agreement. Licensing or Patching of Operating System/Protection Software—The Customer is responsible for keeping any PC/Server operating system licenses or patches current, as well as any protective Antivirus, Antimalware or Anti-Spam software current. UPS—Customer UPS may be tested for functionality, however it is the responsibility of the Customer to repair or replace batteries or UPS as required. Telco – Local and long distance line problems will be identified to the source. Carrier resolution will be the Customer or Customer’s agent responsibility. Billable charges may incur if the Carrier is found to be responsible for the outage, quality issues, or any other incident. QoS – Configuration, troubleshooting or assurance of QoS on Customer or vendor owned network equipment is not included in this Agreement. Wireless – Wireless handsets & wireless infrastructure (access points, controllers, etc.) are not included in this Agreement. Misc – Analog phones, Analog cordless phones, Non-manufacture headsets, Amplified handsets, Paging software or hardware, Card Access equipment, or expendable items such as Batteries, Line & Handset cords are not covered under this Agreement. Servers and Infrastructure Networking Equipment, Switches, Routers and Other Devices - that share or have voice services are not included in this Agreement. End User/Client Applications- are not included in this Agreement. Fax Software and/or Hardware – is not included in this Agreement. Paging Software and/or Hardware – is not included in this Agreement. Alarm Notifications – are not included in this Agreement. However, if alarm notifications are configured and identified by Customer, Customer may contact Marco for review and remediation under this Agreement. Security Vulnerabilities – Marco is not responsible for issues arising from known or unknown security vulnerabilities on Customer’s voice system, or network systems integrated with the voice system. This includes telephone system fraud or toll fraud, which is the unauthorized use of your phone lines to make long distance calls that are charged to you. Toll fraud is an illegal activity similar to computer hacking and is an industry-wide concern. You are responsible for taking action to prevent toll fraud. Backups – Marco is not responsible for managing scheduled backups of Customer’s voice system(s) covered under this Agreement. * All Marco Managed Voice contracts require remote access and full administrative rights. Onsite service will be billable at Marco standard service rates for an issue that could be resolved remotely. Coverage Election Standard Coverage – Monday – Friday, 8:00 am – 5:00 pm CT [MSVOICE8X5] Standard Coverage, No Upgrade – Monday – Friday, 8:00 am – 5:00 pm CT [MSVOICE8X5NOUPG] B. 24x7x365 —Labor and travel is included at no additional charge if purchased for 24 x 7 x 365 for Emergency or Standard trouble calls. [MSVOICE24X7] Addendum to Marco Managed Voice – must attach documentation of any additions or deviations from standard contract language. Must include authorization by Marco Sales/Service leadership. Marco Managed Voice [MMV] for Mitel Authorized Signatures Customer Accepted By Date Marco Representative © 2016, MARCO 4510 Heatherwood Road, St Cloud, MN 56302-0250 Page 5 of 4 Updated 5/18/2017 asj Phone: 320.259.3098 / Fax: 320.259.3087 Customer Initials _______ Date I T E M: 4.Q. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove Change Order No. 1 and No. 2 to A greement with K lar Dig C onstruction, I nc., f or P roject 2017-167, Cobblestone L ake P ark P avilion and Restroom B uilding 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: Approve the following C hange Orders to the agreement with Klar Dig C onstruction, Inc., for Project 2017-167, C obblestone Lake Park Pavilion and Restroom Building: 1. Change Order No. 1 with a deduction of $1,075.00 for a drinking fountain and blow down at water main. 2. Change Order N o. 2 in the amount of an additional $6,789.00 for stone to match existing structure. S UM M ARY: Project Architect, Oertel Architects, Ltd., has recommended adding a 3/4" ball valve and pipe in the ground box for winterization of the domestic water service to the building, owner supplied drinking fountain, and substituting the specified stone with similar to the existing structure on-site. Staff has reviewed the suggested changes and recommends acceptance. T he contract completion date will not change as a result of these change orders. B AC K G RO UND : An agreement in the amount of $604,000.00 was awarded in J uly 2017 to Klar D ig Construction, Inc., for the Cobblestone Lake Park Pavilion and Restroom Building. Substantial completion of the project is scheduled by December 1, 2017, with total project completion and close-out by J anuary 31, 2018. B UD G E T I M PAC T: Original C ontract Agreement $604,000.00 C hange Order N o. 1 Deduct $ 1,075.00 C hange Order N o. 2 Add $ 6,789.00 Revised C ontract Amount $609,714.00 AT TAC HM E NT S: C hange Order D ocument(s) C hange Order D ocument(s) I T E M: 4.R. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove A cceptance and F inal P ayment on A greement with A-1 Recycling, I nc., f or Recycling Collection S ervices 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 acceptance and final payment on agreement with A-1 Recycling, Inc., for Recycling C ollection Services in the amount of $1,688.20. S UM M ARY: T he C ity conducts an annual Fall C lean-up Day, offering residents to dispose of larger refuse and recyclable items at a centralized location for a reasonable fee. T he C ity contracts for haulers to take the refuse and recyclables. T he final cost of the recycling from the event was 1,688.20. B AC K G RO UND : At this years event, the following were collected: 55 appliances weighing a total of 2.7 tons; 3.83 tons of scrap metal; and 84 mattresses and box springs weighing 3.1 tons. Staff recommends the C ouncil approve acceptance and final payment in the amount of $1,688.20, contingent on receipt of all final payment documents. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Application I nvoice I T E M: 4.S . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove Acceptance and F inal Payment on Agreement with Dick's S anitation, I nc., for R efuse Collection S ervices 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 acceptance and final payment on agreement with Dick's Sanitation, Inc., for Refuse Collection Services in the amount of $8,624.55. S UM M ARY: T he C ity conducts an annual Fall C lean-up Day, offering residents to dispose of larger refuse and recyclable items at a centralized location for a reasonable fee. T he C ity contracts for haulers to take the refuse and recyclables. T he final cost of the refuse disposal is $8,624.55. B AC K G RO UND : At this years event, 18.45 tons of refuse was collected. Staff recommends the C ouncil approve acceptance and final payment in the amount of $8,624.55, contingent on receipt of all final payment documents. B UD G E T I M PAC T: Staff attempts to price disposal of items such that the event has no cost impact on the C ity. However, due to variations in weight, volume, and contractor pricing, the event typically either makes a small profit or operates at a small loss. T his year's revenues were a little less than expenses, but within the margin presented to C ouncil. AT TAC HM E NT S: F inal Pay Documents I nvoice I T E M: 4.T. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: Waive S econd R eading and P ass Ordinance A mending Chapter 34 of the City Code Entitled P ersonnel by Deleting Chapter 34 Governing E mployee/P ersonnel P olicies 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: Waiving the procedure for a second reading and passing an ordinance amending Chapter 34 of the C ity Code entitled Personnel by deleting Chapter 34 governing employee/personnel policies. S UM M ARY: Staff recommends that the C ity C ouncil amend Chapter 34 of the C ity C ode by deleting Chapter 34 in its entirety. B AC K G RO UND : As discussed at the informal City C ouncil meetings on May 11th and September 14th, staff has been reviewing and updating the C ity's personnel policies. Included on this evening's agenda is a separate item requesting that the C ity C ouncil approve a personnel policy manual, which will replace C hapter 34 of the C ity C ode entitled Personnel, known as the personnel ordinance. T herefore at this time, staff recommends that that the C ity C ouncil amend C hapter 34 of the City C ode by deleting C hapter 34 in its entirety. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Ordinance CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 34 OF THE CITY CODE ENTITLED PERSONNEL BY DELETING CHAPTER 34 GOVERNING EMPLOYEE/PERSONNEL POLICIES The City Council of Apple Valley ordains: Section 1. Chapter 34 of the Apple Valley City Code is hereby amended by deleting Chapter 34 in its entirety. Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED this 26th day of October 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.U. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:C onsent Agenda Description: A pprove P ersonnel Policy Manual 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 policy manual. S UM M ARY: Following a comprehensive review project, staff requests that the C ity C ouncil adopt an administrative personnel policy manual which will replace C hapter 34 of the C ity C ode, known as the personnel ordinance. B AC K G RO UND : As discussed at the informal City C ouncil meetings on May 11th and September 14th, staff has been reviewing and updating the C ity's personnel policies. T he personnel policies establish employment rules and expectations for employees, except where a provision of a collective bargaining agreement prevails. Personnel policies have been compiled primarily in Chapter 34 of the City C ode entitled Personnel, known as the personnel ordinance, although some policies have also been approved separately. 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 C ity C ouncil authorizes the C ity Administrator or designee to administer the policies and present periodic updates to the C ity C ouncil for review and approval. T he C ity Council will reserve the right to unilaterally modify policies, and the C ouncil's authority with respect to personnel matters will not be removed or diminished. T he project included review by employment law attorneys, and the City's leadership team staff met multiple times to review, discuss, and refine the policies. Attached are the proposed personnel policy manual and a summary noting substantive changes from the personnel 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. Also included on this evening's agenda is a separate item requesting that the C ity Council amend C hapter 34 of the City C ode by deleting C hapter 34 in its entirety. Following approval by the C ity C ouncil, the personnel policy manual will be distributed to employees and training sessions will be planned. T he manual will be reviewed on an ongoing basis. As policies need updating, changes will be brought to the C ity C ouncil for approval. B UD G E T I M PAC T: Relevant items in the personnel policy manual are included in the adopted budget. AT TAC HM E NT S: Policy Exhibit Personnel Policy Manual Presented for City Council Approval October 26, 2017 THIS PAGE IS INTENTIONALLY LEFT BLANK City of Apple Valley Personnel Policy Manual Table of Contents 1: GENERAL INFORMATION ............................................................................................................................................... 1 1.1 Personnel Policy Manual ...................................................................................................................................... 1 2: HIRING AND SEPARATION .............................................................................................................................................. 3 2.1 Recruitment and Selection .................................................................................................................................. 3 2.2 Background Checks .............................................................................................................................................. 5 2.3 Probationary Period ............................................................................................................................................. 6 2.4 Transfer ................................................................................................................................................................ 7 2.5 Reassignment ....................................................................................................................................................... 7 2.6 Resignation .......................................................................................................................................................... 7 2.7 Lay Off .................................................................................................................................................................. 8 3: EMPLOYMENT PRACTICES ............................................................................................................................................. 8 3.1 Hours of Work and Overtime ............................................................................................................................... 8 3.2 Flexible Work Arrangements ............................................................................................................................. 11 3.3 Time Reporting .................................................................................................................................................. 12 3.4 Compensation .................................................................................................................................................... 13 3.5 Payroll Direct Deposit ........................................................................................................................................ 13 3.6 Tip Income ......................................................................................................................................................... 14 3.7 Personnel Data Practices ................................................................................................................................... 15 3.8 Group Insurance Benefits .................................................................................................................................. 16 3.9 Public Employees Retirement Association (PERA) ............................................................................................. 16 3.10 Injured on Duty ................................................................................................................................................ 17 3.11 Temporary Modified Duty ............................................................................................................................... 17 3.12 Employee Recognition ..................................................................................................................................... 18 3.13 Performance Reviews ...................................................................................................................................... 19 3.14 Employment Complaint Resolution ................................................................................................................. 20 3.15 Discipline .......................................................................................................................................................... 21 3.16 Reasonable Unpaid Work Time for Nursing Mothers ...................................................................................... 22 3.17 Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy ........................ 22 3.18 Pre‐Retirement Employment Transition .......................................................................................................... 24 4: CONDUCT ..................................................................................................................................................................... 25 4.1 Employee Conduct ............................................................................................................................................. 25 4.2 Discrimination and Harassment ......................................................................................................................... 30 City of Apple Valley Personnel Policy Manual 4.3 Respectful Workplace ........................................................................................................................................ 33 4.4 Investigations ..................................................................................................................................................... 35 5: LEAVES OF ABSENCE .................................................................................................................................................... 37 5.1 Leaves of Absence .............................................................................................................................................. 37 5.2 Annual Leave ...................................................................................................................................................... 37 5.3 Short Term Disability ......................................................................................................................................... 39 5.4 Holidays .............................................................................................................................................................. 40 5.5 Liquor Operations Holidays ............................................................................................................................... 41 5.6 Bereavement Leave ........................................................................................................................................... 43 5.7 Family and Medical Leave .................................................................................................................................. 43 5.8 Pregnancy and Parenting Leave ......................................................................................................................... 50 5.9 Medical Leave .................................................................................................................................................... 51 5.10 Bone Marrow Donation Leave ......................................................................................................................... 52 5.11 Organ Donation Leave ..................................................................................................................................... 53 5.12 School Conference and Activities Leave .......................................................................................................... 53 5.13 Voting Leave .................................................................................................................................................... 54 5.14 Election Judge Service Leave ........................................................................................................................... 54 5.15 Court Appearances .......................................................................................................................................... 55 5.16 Jury Duty Leave ................................................................................................................................................ 55 5.17 Military Leave .................................................................................................................................................. 56 5.18 Military Service Member Family Leave ............................................................................................................ 58 5.19 Victim or Witness Leave .................................................................................................................................. 58 5.20 Discretionary Leave of Absence Without Pay .................................................................................................. 59 5.21 Administrative Leave ....................................................................................................................................... 59 5.22 Medical Certification of Absence Due to Illness or Injury ............................................................................... 59 5.23 Public Office Meeting Leave ............................................................................................................................ 60 5.24 Leave of Absence for Legislator or Full‐Time Elected City/County Office ....................................................... 61 6: WORKPLACE SAFETY AND HEALTH .............................................................................................................................. 62 6.1 A Workplace Accident and Injury Reduction (AWAIR) Policy ............................................................................ 62 6.2 Workplace Violence Prevention ........................................................................................................................ 67 6.3 City Driving ......................................................................................................................................................... 69 6.4 Use of Cell Phones and Other Communication Devices by Casual Employees ................................................. 69 6.5 Drug Free Workplace ......................................................................................................................................... 70 City of Apple Valley Personnel Policy Manual 6.6 Drug and/or Alcohol Testing Policy Job Applicants for Sworn Police Officer Positions. ................................... 72 6.7 DOT Drug and Alcohol Testing Policy ................................................................................................................. 75 6.8 Tobacco Use ....................................................................................................................................................... 85 6.9 LIFE Rewards ...................................................................................................................................................... 86 6.10 Apple Core Training (ACT) Center .................................................................................................................... 87 7: COMMUNICATIONS AND INFORMATION TECHNOLOGY ............................................................................................. 88 7.1 Media Requests ................................................................................................................................................. 88 7.2 Personal Communications and Use of Social Media ......................................................................................... 89 7.3 Use of City Social Media Assets ......................................................................................................................... 90 7.4 Information Technology .................................................................................................................................... 92 7.5 Wireless Communication Devices and Phones .................................................................................................. 99 7.6 City Web Site .................................................................................................................................................... 102 8: EXPENDITURES AND REIMBURSEMENTS ................................................................................................................... 104 8.1 Travel and Expense Reimbursement ............................................................................................................... 104 8.2 Public Purpose Expenditures ........................................................................................................................... 110 THIS PAGE IS INTENTIONALLY LEFT BLANK City of Apple Valley Personnel Policy Manual Page 1 1: GENERAL INFORMATION 1.1 Personnel Policy Manual PURPOSE It is the purpose of these policies to establish a uniform and equitable system of personnel administration for employees of the City of Apple Valley, connect the city’s mission to individual conduct, clarify organizational expectations, support compliance with laws and regulations, mitigate organizational risk, and enhance productivity and efficiency in the city’s operations. Their provisions do not establish terms and shall not be construed as contractual provisions. They are not intended to be all‐inclusive or to cover every situation that may arise. SCOPE All employees of the city shall be covered by these policies except as otherwise stated or the extent to which a policy is superseded by a specific provision of a collective bargaining agreement. For purposes of these policies, elected officials shall generally be considered employees, except where stated otherwise or where it is impractical or not feasible due to the nature of elected officials' employment. The following individuals are not covered by these policies unless stated otherwise: (1) Members of city boards, commissions, and committees (2) Consultants and contractors (3) Volunteers (4) Firefighters (5) Other positions so designated If any specific provisions of the personnel policies conflict with any current collective bargaining agreement, the collective bargaining agreement will prevail. These policies do not create new rights or diminish existing rights in any city collective bargaining agreement. Employees represented by a collective bargaining agreement are encouraged to consult their agreement first for information about their employment conditions. Nothing in these policies is intended to modify or supersede any applicable provision of state or federal law. Where these policies differ from state or federal law, the applicable law will be followed. Nothing in these policies shall be construed to hinder or suppress the lawful concerted activities of employees for their mutual aid or protection with respect to terms and conditions of employment. These policies serve as an information guide to help employees become better informed and to make their experience with the city more rewarding. Departments may have additional work rules, including operating procedures or guidelines, deemed necessary by the supervisor and approved by the City Administrator for the achievement of objectives of that department. Each employee will be given a copy of such work rules by the department upon hiring and such rules will be further explained and enforcement discussed with the employee by the immediate supervisor. Employees are responsible for knowing, understanding, and complying with personnel policies, as well as work rules, operating procedures, or guidelines that relate to their position, employment, or role at the city. Employees who fail to comply with these policies may be subject to discipline, up to and including termination of employment. The city’s personnel pay and benefit plan will be adopted separately by the City Council. City of Apple Valley Personnel Policy Manual Page 2 ADOPTION These policies may be amended at any time at the sole discretion of the city and they will supersede all previous personnel policies. Revisions and amendments shall become effective upon approval by the City Council. Non‐ substantive changes, such as technical corrections to spelling, grammar, etc., or formatting changes may be made to these policies without prior City Council approval. The City Council provides the City Administrator, or designee, with the full scope of responsibility and authority to interpret and administer these policies and promulgate appropriate procedures, rules, regulations, guidelines, and forms. The city reserves the right to operate and manage its affairs in all respects in accordance with existing and future laws and regulations. These rights shall specifically include, but not be limited to, the right to adopt, amend, repeal or terminate the personnel policies. Where it is determined that a strict application of the personnel policies would cause undue hardship, the city shall have the right to interpret the policies in a manner to avoid undue hardship. DEFINITIONS When used in this manual the following terms shall have these meanings ascribed to them, unless otherwise noted. Appointing Authority. The City Council of the City of Apple Valley has the authority to employ persons in or to make appointments to positions with the City of Apple Valley. Automated Clearing House (ACH). An electronic network for financial transactions in the United States, including direct deposit of payroll payments. Calendar Year. A 12‐month period beginning January 1 and ending December 31. Casual Employee. An individual that is employed as a temporary, seasonal, or variable hour employee. Except as provided by a collective bargaining agreement or otherwise prohibited by law, casual employment with the city is “at‐will.” The city has the right to terminate any casual employee at any time for any or no reason, with or without cause. Casual employees may similarly terminate employment at any time for any or no reason, with or without cause. The terms and conditions of casual employment may be modified subsequent to employment at the sole discretion of the city and may be terminated without cause. City. Hereinafter the term city shall refer to the City of Apple Valley as the employer, the City Council, and its agents. City Attorney’s Office. Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525, Apple Valley, Minnesota 55124‐7580. (952) 423‐3136 Compensatory Time. Paid time off, earned at a rate of one and one‐half hours for each overtime hour worked, received by a non‐exempt employee instead of cash overtime pay. Contractor. A non‐employee person or entity hired by the city to perform work or to provide goods or services at a specified price and/or within a specified time. Includes independent contractors and sub‐contractors. Employment Date. An employee’s date of employment shall be the first date of paid consecutive employment as an employee with the city. Exempt Employee. An employee who is exempted from the provisions of the Fair Labor Standards Act. Firefighter. An individual serving as a paid on call volunteer firefighter for the city. Does not refer to other employees whose job assignment includes firefighting duties. Full‐Time Employee. An individual employed in a position so designated in the pay and benefit plan that is regularly scheduled for a 40 hour work week for 52 weeks in a calendar year. Non‐Exempt Employee. An employee who is subject to the provisions of the Fair Labor Standards Act. City of Apple Valley Personnel Policy Manual Page 3 Paid Leave. Leave of absence when using annual leave, holiday leave, compensatory time, or approved short‐term disability benefits. Part‐Time Regular Employee. An individual employed in a position that is regularly scheduled for 52 weeks in a calendar year, for a minimum of 14 hours per week but fewer than 30 hours per week. Protected Class. Race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, membership on a local human rights commission, lawful participation in the Minnesota Medical Cannabis Patient Registry, or any other status protected by law. Regular Duties: Regular duties of the employee's position, including essential job functions. Seasonal Employee. An individual who customarily works six months or less in a year, and where the nature of the position is such that an employee typically works during a period that begins at the same time every year (e.g., summer or winter). Schedule I, II, and III Employees. Classification titles of full‐time regular positions as listed in the city’s Pay and Benefit Plan. Special Unpaid Leave. Approved unpaid leave provided under the Family and Medical Leave act (FMLA), Uniformed Services Employment and Reemployment Rights Act (USERRA), or required jury duty service under statute. Supervisor. Individual in a position with supervisory discretion and authority with regard to other city employee(s). Includes department heads, managers, and supervisors. Temporary Employee. An individual employed in a temporary position which is of limited duration. Temporary positions may have a defined start and end date or may be for the duration of a specific project. Temporary employees may be assigned to work a full‐time or part‐time schedule. Temporary Medically Certified Condition: A medical condition in which the employee is unable to perform his/her regular duties immediately due to injury, illness, pregnancy or other similar circumstances. The condition must be diagnosed and certified by a licensed physician, in writing, clearly stating the medical restrictions and when the employee will be able to return to regular duties. Variable Hour Employee. An individual employed in a position which is not regularly scheduled for 52 weeks in a calendar year, and where the hours are variable or uncertain and may vary significantly. 2: HIRING AND SEPARATION This chapter in its entirety does not apply to elected officials. 2.1 Recruitment and Selection POLICY This policy supports the city in its recruitment and employment efforts to engage in non‐discriminatory practices that foster a diverse workforce whose knowledge, skills, abilities and service orientation support the city’s mission. Selection of a candidate for a vacancy shall be made on the basis of qualifications for the vacant position, regardless of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, membership on a local human rights commission, lawful participation in the Minnesota Medical Cannabis Patient Registry, or any other status protected by law. City of Apple Valley Personnel Policy Manual Page 4 The city reserves the right to review the employment of family members of an employee to determine appropriate employment action. Applicants for any position, including promotions and transfers, may be rejected for the position if any of the following circumstances exist: 1. When an employee would directly supervise, evaluate, audit, or participate in disciplinary actions affecting another member of his or her family. 2. When confidentiality of city data or the city’s auditing/financial/internal control function would be compromised. 3. When there is the potential for, or appearance of, inappropriate influence relating to policy decisions. PROCEDURES Procedures for recruitment, interviewing, and selection of personnel shall be under the direction and authority of the Human Resources Manager in compliance with all applicable statutes, rules, and regulations. Recruitment Depending on the position and the city's needs, the city may recruit internally, externally, or both. Position vacancies within the city may be posted internally, if practical, for five calendar days. Internal posting may be concurrent with external posting. The city may post an announcement of a position opening on the city’s web site. Candidates must complete and submit required application materials by the posted deadline in order to be considered. The deadline for application may be extended by the Human Resources Manager. Unsolicited applications will not be kept on file. The city may, at its sole discretion, make an offer of promotion or transfer to a qualified employee in lieu of internal and/or external posting of a vacancy. Selection The City Administrator or hiring manager works in cooperation with Human Resources to develop the selection process for any vacancies. The process may include written/verbal performance tests, evaluation of training and experience, interviews, developmental assessment, or any combination of these. Any job offer made to an external candidate will be contingent on a criminal history check. The city may in its discretion conduct a driving record check, background investigation, and/or reference check of an applicant for a position when justified by job requirements or required by law. Some applicants may also be required to complete a physical examination, psychological examination and/or drug and alcohol test as a condition of employment. The city will select the physician or psychologist to assess the candidate’s ability to perform the essential functions of the job. Employment in any position is subject to approval by the City Council. However, at the discretion of the City Administrator, or designee, a provisional appointment may be approved prior to the Council’s employment action. Position vacancies may be filled on an “acting” basis as needed. The City Council will approve all acting appointments. Pay rate adjustments, if any, will be determined by the City Administrator or designee. Pre‐Employment Medical Exams The Human Resources Manager may determine that a pre‐employment medical examination, which may include a psychological evaluation, is necessary to determine fitness to perform the essential functions of any city position. Where a medical examination is required, an offer of employment is contingent upon the city's receipt of the acceptable result of the medical exam. When a pre‐employment medical exam is required, it will be required of all candidates who are finalists and/or who are offered employment for a given job class. Information obtained from the medical exam will be treated as confidential medical records. City of Apple Valley Personnel Policy Manual Page 5 When required, the medical exam will be conducted by a licensed physician designated by the city with the cost of the exam paid by the city. Psychological exams will be conducted by a licensed psychologist or psychiatrist. The physician will notify the Human Resources Manager or designee that a candidate either is or isn’t medically able to perform the essential functions of the job, with or without accommodations, and whether the candidate passed a drug test, if applicable. If the candidate requires accommodation to perform one or more of the essential functions of the job, the Human Resources Manager or designee will confer with the physician and candidate regarding reasonable and acceptable accommodations. If a candidate is rejected for employment based on the results of the medical exam, he/she will be notified of this determination. Equal Employment Opportunity The City of Apple Valley is committed to providing equal opportunity in all areas of employment, including but not limited to recruitment, hiring, demotion, promotion, transfer, recruitment, selection, lay‐off, disciplinary action, termination, compensation and selection for training. The City of Apple Valley will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission or lawful participation in the Minnesota Medical Cannabis Patient Registry. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Family Member. Mother, father, husband, wife, son, daughter, brother, sister, or grandparent of the employee or employee’s spouse. 2.2 Background Checks In addition to city employees, this policy applies to firefighters. This policy may be applied to consultants, contractors, and volunteers at the discretion of the city. POLICY It is important for all city staff and visitors to have a safe and secure environment and for the city to take prudent action to protect its funds, property, and other assets. Therefore, the city provides this process of background check/investigation to minimize organizational risk, to comply with federal and state regulations that require it for specified positions, and to help responsible authorities make sound employment and contracting decisions. Applicants The City of Apple Valley conducts background checks on all prospective employees, as well as selected promotions and transfers in the city. Background checks will be conducted on temporary, volunteer, and contract positions as deemed necessary. Offers of employment are contingent upon completion of a background check with satisfactory results when required by law or city policy. Background checks, as determined by the nature of the position, may include but are not limited to checks in the areas of education, licensing, employment, criminal history, driving record, sex and violent offender registry, credit report, civil judgments/liens, social security history and references. The city will not inquire into or consider the criminal record or criminal history of applicants until the applicant has been selected for an interview, unless otherwise required by law. City of Apple Valley Personnel Policy Manual Page 6 The Apple Valley Police Department is authorized by the City Council to do a criminal history and/or driving record background investigation as referenced by this policy. No such investigation may be performed by the Police Department unless the individual authorizes the Police Department in writing to perform the investigation and release the information to the Human Resources Manager and other city staff on a need‐to‐know basis. An individual is not legally required to provide the requested information. If the information is not provided, the city will be unable to conduct the required background inquiries and will not be able to process the application nor be able to give further consideration for the position. If the city denies an applicant a position with the city solely or in part because of the applicant’s prior conviction of a crime, subject to the exceptions listed in Minnesota statute, the Human Resources Manager shall notify the applicant in writing of the following: 1. The grounds and reasons for the denial or disqualification; 2. The opportunity to request reconsideration of the city’s decision and to provide the city competent evidence of rehabilitation and present fitness for the position within five days of the notice of denial; 3. The applicable complaint and grievance procedure as set forth in statute; 4. The earliest date the person may reapply for employment with the city; and 5. That all competent evidence of rehabilitation presented will be considered upon reapplication. Candidates for positions working with children will not be selected if they have been convicted of any crime listed in the Minnesota Child Protection Background Check Act. Generally, this includes child abuse crimes, murder, manslaughter, felony level assault or any assault crime committed against a minor, kidnapping, arson, criminal sexual conduct, and prostitution‐related crimes. Current Employees Background checks will be conducted on current employees who are applicants for sworn police positions, department head level positions, and other positions which are required by law. The city also reserves the right to conduct periodic verification updates on current employees in other situations. Contractors and Volunteers In order to select qualified contractors and volunteers, the city may conduct background checks. If a background check is completed, it will include a review of the criminal record of the primary independent contractor and any other sub‐contractors or staff of the primary contractor or volunteer. The background check will consist of a minimum review of the criminal history and sex/violent offender registry. Additional checks including driving record and civil judgments/liens may be conducted based on the nature of the work. A background check may be completed at least once every twelve months or any time after a six month break in contract activity. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Background check/investigation. Review of an individual's background, which may include any combination of the following: verification of education, licensing, credentials, employment, criminal history, driving record, sex and violent offender registry, credit report, civil judgments/liens, social security history, and references. 2.3 Probationary Period The probationary period is an introductory period of employment that allows the city and the employee to determine if the employee is suited for the job. City of Apple Valley Personnel Policy Manual Page 7 POLICY All newly hired or rehired full and part‐time regular employees shall serve a 12‐month probationary period. At any time during a probationary period, an employee may be discharged at the sole discretion of the city. No cause for discharge is necessary. A full or part‐time regular employee shall serve a six‐month probationary period in any job classification in which the employee has not previously served a probationary period, if the employee has previously completed the initial 12‐ month probationary period. At any time during the 6‐month probationary period, the employee may be returned to his or her previous position at the sole discretion of the city. Time served in casual, volunteer, or interim positions is not considered part of the probationary period. If an emergency arises during an employee’s probationary period which requires a leave of absence, such time off, if granted, will not be considered as time worked, and the probationary period will be extended by the length of time taken. A casual employee will not serve a probationary period and may be discharged at the sole discretion of the city at any time for any reason or no reason. No cause for discharge is necessary. 2.4 Transfer This policy establishes the City of Apple Valley’s position transfer provisions. POLICY In the event an employee transfers to a different position for any reason, either voluntarily or involuntarily, the employee’s placement on the appropriate salary schedule shall be at the discretion of the city. An eligible employee shall serve a six‐month probationary period in any job classification in which the employee has not previously served a probationary period, if the employee has previously completed the initial 12‐month probationary period. 2.5 Reassignment POLICY The city retains the full right and authority to assign and/or reassign job duties consistent with the tasks of the position. 2.6 Resignation The city requires a notice period in order to prepare for the transition of duties, staffing plans, and turnover of projects and work in progress. POLICY An employee wishing to resign from the city in good standing shall provide the city with a written notice of resignation at least 14 calendar days in advance of the effective date of the resignation. A department head wishing to resign from the city in good standing shall provide the city with a written notice of resignation at least 30 calendar days in advance of the effective date of the resignation. City of Apple Valley Personnel Policy Manual Page 8 An employee is expected to work his/her regular schedule during the notice period preceding resignation, and leave may be denied during the notice period. An employee shall be paid through the last day actually worked. Except where otherwise provided by law or city policy, an employee shall not be permitted to use paid leave hours, holidays, or unpaid leave to extend employment beyond the last day actually worked. The last day actually worked will be recorded as the employee's official date of separation from employment. These provisions may be waived at the discretion of the City Administrator or designee. Failure to comply may be cause for denying payment of unused annual leave and future employment by the city. PROCEDURES An employee wishing to resign in good standing should give written notice to his/her immediate supervisor and/or department head. The supervisor or department head will forward the notice to the Human Resources department for inclusion in the employee’s personnel file. The City Administrator or designee is authorized to accept an employee’s resignation. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Good standing. Constitutes circumstances in which an employee resigns with advance written notice as described in this policy and works his/her regular schedule during the notice period. Discharge for cause shall not be a separation in good standing. Department head. Schedule III positions and exempt positions reporting directly to the City Administrator. 2.7 Lay Off This policy establishes the City of Apple Valley’s lay off provisions. POLICY The city may lay off a full‐time employee whenever such action is necessary due to the discontinuance of a position. A full‐time employee who is laid off from employment due to discontinuance of a position shall be provided with a minimum of 30 days advance notice of such lay off. Part‐time and casual employees may be separated from employment due to discontinuance of a position without advance notice. Layoff will be considered permanent dismissal. 3: EMPLOYMENT PRACTICES 3.1 Hours of Work and Overtime This policy establishes the city’s standard work period and overtime provisions. This policy does not apply to Elected Officials. City of Apple Valley Personnel Policy Manual Page 9 POLICY The City of Apple Valley’s standard workweek for a full‐time employee is five eight‐hour days in addition to break periods, comprising 40 work hours per seven‐day period, including approved leaves of absence. Variations to the standard workweek may be authorized by the City Administrator or designee for the benefit of city operations. The city’s workweek for the purpose of determining overtime shall be calculated from Saturday through the following Friday. The city may unilaterally modify the workweek for any or all positions or classes of positions. Employees participating in the annual leave program are required to account for all regularly scheduled hours of their work period, either through hours worked or use of accrued paid leave. Unpaid leaves are not permitted, except where provided by law or city policy. Refer to Leaves of Absence section for additional information. Department heads may authorize leave makeup within a workweek for non‐exempt employees. Department heads may authorize leave makeup within a reasonable period for exempt employees. Overtime A city employee may be required to work overtime. All overtime worked by a non‐exempt employee must be pre‐ approved and authorized by the appropriate supervisor. The city retains sole discretion to determine when employees must work overtime. An employee who works overtime without prior approval may be subject to disciplinary action. Non‐exempt employees who work more than 40 hours within a workweek, inclusive of approved paid leave time, shall be compensated at the rate of one and one‐half times the employee’s regular hourly rate of pay for such hours worked in excess of 40 hours. Seasonal employees hired to work at city recreational facilities that are open for less than seven months during a calendar year will be paid overtime for hours worked in excess of 48 hours per week. A non‐exempt full‐time employee called back to work at a time other than the employee’s regularly scheduled hours, shall be compensated for a minimum of three hours at one and one‐half times the employee’s straight time hourly rate of pay. Extension or early report to an employee’s scheduled work hours shall not qualify for the three‐hour minimum call back. Exempt employees are not eligible for overtime compensation. Full‐time non‐exempt employees who are eligible for overtime may request compensatory time be placed in a compensatory time bank in lieu of payment for earned overtime. The maximum time allowed to accumulate in an employee’s compensatory time bank shall not exceed 80 hours. The maximum time deposited into an employee's compensatory time bank, exclusive of hours carried forward from the previous year, shall be limited to 160 in total per calendar year. An employee may request to cash out all or part of the employee’s compensatory time bank at the employee’s current base pay rate at the end of any regular pay period. Compensatory time banks will be cashed out at the existing rate of pay immediately prior to an employee transfer or promotion into a position which is exempt from overtime. Exempt Employees Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountability, an exempt employee will need to work 40 or more hours per week. Exempt employees do not receive extra compensation for hours worked over 40 in one workweek. Exempt employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full weekly salary for any week in which any work is performed. City of Apple Valley Personnel Policy Manual Page 10 The city may make deductions from the weekly salary of an exempt employee in the following situations: The employee is absent for a full workweek and, for whatever reason, the absence is not charged to paid leave (for example, a situation where the employee has exhausted all paid leave). The very first workweek or the very last workweek of employment with the city in which the employee does not work a full week. In this case, the city will prorate the employee’s salary based on the time actually worked. The employee is in a position that earns paid leave and is absent for a partial day due to personal reasons, illness, or injury, but paid leave has been denied or paid leave is exhausted. The employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all employees. The employee takes unpaid leave under the FMLA. Leave for Exempt Employees Exempt employees are required to work the number of hours necessary to fulfill their responsibilities including meetings and/or on‐call hours outside the normal workday hours. Exempt employees are required to use paid leave when on personal business or away from the office for four hours or more, on a given day. Absences of less than four hours do not require use of paid leave, as it is presumed that the staff member regularly puts in work hours above and beyond the normal weekly requirement. Exempt employees must reasonably communicate their absences to their supervisor. If an exempt employee is regularly absent from work and it is found that there is excessive time away from work that is not justified, the situation will be handled as a performance issue. If it appears that less than 40 hours per week is needed to fulfill a position’s responsibilities, the position will be reviewed to determine whether a part‐time position will meet the needs of the city. Additional notification and approval requirements may be adopted by the City Administrator or designee for specific situations as determined necessary. Hours Limits for Other Than Full‐Time Employees Part‐time regular employees shall not work more than 28 hours per week, including hours worked, paid leave, and special unpaid leave. All shifts, including schedule trades or picked‐up shifts, must be pre‐approved by a supervisor. Unpaid leaves of absence or furloughs may be imposed on an employee who exceeds 28 hours per week. Working an extra shift without prior approval may result in discipline, up to and including termination of employment. Variable hour employees shall not regularly work more than 28 hours per week, including hours worked, paid leave, and special unpaid leave. A variable hour employee may have a period of employment at greater than 28 hours per week only if it is reasonably expected to be of limited duration and it cannot be determined that the employee is expected to work on average at least 30 hours per week over a 12‐month measurement period. Seasonal employees shall not work longer than six months in a calendar year. A seasonal employee shall not be rehired or transferred to another position with the city until the employee has had a break in service of either: A) 13 weeks, or B) at least 4 weeks and longer than the last period worked. A break in service does not necessarily mean termination, but a consecutive period where no hours worked are credited to the employee. Meal and Rest Breaks An employee shall be provided sufficient time to eat a meal when working eight or more consecutive hours, and sufficient time to use the nearest convenient restroom within every four consecutive hours of work. An authorized break of less than 20 minutes will be counted as hours worked. An authorized bona fide meal break of 30 minutes or more will be unpaid. City of Apple Valley Personnel Policy Manual Page 11 A full‐time employee working a shift of 8 or more consecutive hours will typically be provided an unpaid meal break of 30 minutes and two paid break times of 15 minutes. Department heads may authorize employees to combine the 30‐minute unpaid meal break and rest breaks into an extended lunch break time. Departments with unique job or coverage requirements may have additional rules, issued by the department head and subject to approval of the City Administrator, on the use of meal breaks and rest breaks. Employees are expected to use breaks as intended. Employees shall not skip or work through a break period to earn pay or compensatory time. Employees shall not skip or work through a break period in order to arrive at the workplace later than the designated starting time or to leave the workplace earlier than the designated quitting time, except in limited instances approved by the department head. Unauthorized breaks and unauthorized extensions of authorized breaks will not be counted as hours worked and may result in discipline. 3.2 Flexible Work Arrangements This policy does not apply to Schedule III, part‐time, or casual employees; employees represented by a collective bargaining agreement; or elected officials. Flexible Work Arrangements have a potential for enhancing city performance. Flexible Work Arrangements have been shown to decrease employee stress and increase employee engagement, morale, loyalty and productivity. Departments may have informal systems in place to support flexibility on an occasional basis. With supervisory approval, an employee may adjust their hours to attend to a personal matter. This policy does not preclude such departmental discretion. This policy addresses instances in which an employee and department head want to institute a regular arrangement that consistently differs from the standard work hours. POLICY An eligible employee may request a Flexible Work Arrangement. Employees and department heads are expected to follow this policy in proposing or considering a Flexible Work Arrangement. A Flexible Work Arrangement is intended to create flexible conditions that help employees integrate their work and personal lives more effectively. A successful Flexible Work Arrangement serves the needs of the individual employee, their work group, and the city. A Flexible Work Arrangement must meet the operational needs of the city and should not negatively affect the workload of coworkers either by shifting burdens or creating delays or additional steps in the work flow. Eligibility of Employee A non‐probationary full‐time Schedule I or II employee may be eligible for a Flexible Work Arrangement. Probationary employees are not eligible for a Flexible Work Arrangement. An employee will not be granted a Flexible Work Arrangement unless their prior performance has demonstrated the skills and qualities necessary to succeed in the proposed Flexible Work Arrangement. Request and Approval The employee initiates a request for a Flexible Work Arrangement by submitting a proposal to the department head. Department heads shall approve or deny a Flexible Work Arrangement request. Department heads are responsible for consulting with the employee's immediate supervisor when considering a Flexible Work Arrangement request. City of Apple Valley Personnel Policy Manual Page 12 The primary criterion for a department head determining if a Flexible Work Arrangement is appropriate is if it meets the business needs of the city. Eligibility varies for different types of arrangements, and some alternatives may not be appropriate for particular jobs and office necessities. Operational needs, staffing patterns, space considerations, and health and safety issues may prevent granting a Flexible Work Arrangement request. A department head may limit the number of Flexible Work Arrangements in a workgroup in order to ensure effective operation of city business. A department head may limit or suspend a Flexible Work Arrangement during periods of high demand on city staff, such as seasonally or during other peak busy periods. A Flexible Work Arrangement shall be initiated on a trial basis, and may be discontinued at any time at the request of the employee or department head. Reasonable notice of discontinuation will be given when possible. The city reserves the right to suspend or discontinue the arrangement immediately in case of unanticipated circumstances regarding employee performance or operational needs. The employee must be willing and able to alternate work hours as requested by the city to attend to operational needs. There may be times when the employee is required to work or travel outside of scheduled work hours. Flexible Work Arrangements are at the sole discretion of the city. The city's Employment Complaint Resolution policy does not apply to decisions regarding Flexible Work Arrangement requests. If the employee and department head agree to a Flexible Work Arrangement, they shall document and sign an agreement describing the Flexible Work Arrangement. Agreements shall be time‐specific with a date for review and reconsideration. Modifications and renewals shall be documented appropriately. The original agreement and any modifications or renewals shall be submitted to Human Resources and will be maintained in the employee's personnel file, with a copy to the employee and the department head. Flexible Work Arrangement Options 1) Compressed Workweek. An arrangement which condenses the standard workweek of five 8‐hour days into fewer, longer days. 2) Flextime. An arrangement that allows an employee to alter the starting and/or ending time of the 8‐hour workday. Core hours when the employee must be at the worksite are generally required. The core period may vary depending upon the requirements of the position and the operational needs of the department. Under either option above, the employee will have 40 scheduled work hours each workweek. A Flexible Work Arrangement shall not cause the employee's regularly scheduled hours to exceed 40 per workweek. Overtime A non‐exempt employee who is participating in a Flexible Work Arrangement shall be eligible for overtime or compensatory time for hours actually worked in excess of 40 per workweek, not including paid leave hours. The employee will not be eligible for overtime or compensatory time for hours worked outside their regularly scheduled workday, unless such hours cause the employee to exceed 40 hours actually worked in the workweek. Holidays Paid holiday leave for an eligible full‐time employee pursuant to the city's policy is paid in the amount of eight hours of holiday leave for a city‐designated holiday, including for an employee who is participating in a Flexible Work Arrangement. An employee who is participating in a compressed workweek arrangement shall revert to a schedule of five 8‐hour days during any week in which a city‐designated holiday occurs. 3.3 Time Reporting In compliance with statute and for accountability to the public, employees must accurately record and report hours worked for payroll purposes. City of Apple Valley Personnel Policy Manual Page 13 This policy does not apply to Elected Officials. POLICY Non‐exempt employees are expected to work the number of hours per week as established for their position. They will be paid according to the time reported on their time sheets. To comply with the provisions of the federal and state Fair Labor Standards Acts, hours worked and any leave time used by non‐exempt employees are to be recorded daily and submitted to payroll on a bi‐weekly basis. Each time reporting form must include the acknowledgement of the employee and approval of the immediate supervisor. Knowingly reporting false information on a time sheet may be cause for immediate termination. 3.4 Compensation In addition to all employees, this policy applies to firefighters. POLICY Employees of the city will be compensated according to schedules adopted by the City Council. Unless approved by the City Council, employees will not receive any amount from the city in addition to the pay authorized for the positions to which they have been appointed. Expense reimbursement or travel expenses may be authorized in addition to regular pay. An employee’s actual gross salary and salary range are public personnel data under the Minnesota Government Data Practices Act. In accordance with the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person the amount of their own wages. The city will not: Require nondisclosure by an employee of his or her wages as a condition of employment. Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee’s wages. Take any adverse employment action against an employee for disclosing the employee’s own wages or discussing another employee’s wages which have been disclosed voluntarily. Retaliate against an employee for asserting rights or remedies under the Wage Disclosure Protection Law. 3.5 Payroll Direct Deposit In addition to all employees, this policy applies to firefighters. Direct deposit of payroll checks supports the city’s efforts to gain efficiencies, reduce the cost of processing checks, and enhance fraud protection. Direct deposit benefits employees by providing a safe, convenient, and confidential way to transfer funds directly into an employee’s checking and/or savings account at multiple financial institutions. POLICY As provided for in Minnesota Statute, the City of Apple Valley requires direct deposit for all employees paid by the payroll system. All employees are required to have their payroll checks directly deposited into a banking account of their choice. City of Apple Valley Personnel Policy Manual Page 14 Employees must complete a Direct Deposit Enrollment Form to indicate the type of account, bank name, and other information necessary to complete the direct deposit transaction. PROCEDURES Employees complete a direct deposit authorization/change form. A pre‐notification is sent to the employee’s financial institution(s) to ensure routing and account numbers are correct before an actual deposit is made into the account(s). This process takes one pay period to complete, with the deposit being made on the following pay period. If the City of Apple Valley inadvertently deposits funds into an employee’s account to which the employee is not entitled, a reversal of the direct deposit will be recovered from the account as soon as practicable. The employee will be notified prior to recovering any funds. If the funds cannot be recovered through the Automated Clearing House (ACH), the employee will be responsible for returning the funds to the city within three business days from the event. 3.6 Tip Income The City of Apple Valley allows non‐exempt employees in Food and Beverage service at Valleywood Golf Course to receive tips from the public they serve. This program is intended to supplement the income of the Food and Beverage staff by recognizing the service they provide. POLICY Eligibility A non‐exempt employee performing duties in Food and Beverage service at Valleywood Golf Course shall be eligible to receive tips. All other employees are prohibited from accepting gratuities. In order to receive tip income, the eligible employee must complete the City of Apple Valley Tip Income Agreement, which will be retained in the employee’s personnel file. An employee shall not accept tips or gratuities until the City of Apple Valley Tip Income Agreement is completed. An employee who receives tip income shall comply with all provisions of reimbursement and reporting requirements as described in the Procedures section of this policy. Any employee who does not comply with the requirements of this policy or who falsifies information contained in the reports may be subject to discipline, up to and including termination of employment. PROCEDURES Reimbursement All cash tips received shall be entered into the point‐of‐sale system each day by the employee when they clock out of the system. These tips will appear on the employee’s paycheck as non‐cash earnings, and the appropriate taxes will be withheld. A manager or supervisor will give any tips paid via check to the employee at the end of their shift directly from the funds in the cash register. Tips paid via check shall be entered into the point‐of‐sale system each day by the employee. These tips will appear on the employee’s paycheck as non‐cash earnings, and the appropriate taxes will be withheld. Tips specified on a debit/credit card receipt must be entered into the point‐of‐sale system at the time of the transaction by the employee. These tips will be paid to the employee on their following paycheck, with the appropriate taxes withheld. Reporting Requirement All cash and credit/debit card tips shall be entered into the register system on a daily basis. This is the method utilized to capture tip income for each employee. City of Apple Valley Personnel Policy Manual Page 15 At the end of each bi‐weekly pay period, an Activity Details report is generated from the register system which recaps the “Non‐cash” (credit/debit card) and “Declared” (cash) tips. These tips are entered into the payroll system and appear as earnings on the employee’s check. A copy of the monthly point‐of‐sale report will be provided to the employee, and should be kept with their records for tax purposes. A copy of the monthly point‐of‐sale report shall be signed by the employee and sent to payroll by the 10th of following month. The tips reported above will be shown on the employee’s W‐2 statement as income at year end. 3.7 Personnel Data Practices In addition to all city employees, this policy applies to firefighters, volunteers, contractors, and applicants for employment. Individuals have the right to know what personnel data is retained, where it is kept, and how it is used. POLICY All employee data will be received, retained, and disseminated according to the Minnesota Government Data Practices Act. Employee records are maintained in a location designated by the Human Resources Manager. Personnel data may be retained in personnel, background investigation, benefit, and medical files. Information is used to administer employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc. Employee Data Personnel data is generally private. However, in most cases, the following personnel data on current and former employees, volunteers, and contractors of a government entity is public and must be provided to any person or entity requesting the data: (1) name; employee identification number, which must not be the employee's Social Security number; actual gross salary; salary range; terms and conditions of employment relationship; contract fees; actual gross pension; the value and nature of employer paid fringe benefits; and the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary; (2) job title and bargaining unit; job description; education and training background; and previous work experience; (3) date of first and last employment; (4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action; (5) the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, (6) the complete terms of any agreement settling any dispute arising out of an employment relationship, (7) work location; a work telephone number; badge number; work‐related continuing education; and honors and awards received; and (8) payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes. The above list is not exhaustive. City of Apple Valley Personnel Policy Manual Page 16 Private personnel data may be released to the subject of the data, people who have permission from the subject of the data; city employees whose job assignments reasonably require access to the data; individuals who have obtained a court order for the information; and any other person or entity authorized by state or federal law. Applicant data In most cases, the following personnel data on current and former applicants for employment by a government entity is public: veteran status; relevant test scores; rank on eligible list; job history; education and training; and work availability. Names of applicants shall be private data except when certified as eligible for appointment to a vacancy or when applicants are considered by the appointing authority to be finalists for a position in public employment. "Finalist" means an individual who is selected to be interviewed by the appointing authority prior to selection. 3.8 Group Insurance Benefits Full‐time employees and elected officials are eligible to receive certain city provided group insurance benefits as determined and approved by the City Council. The information in this section is intended to provide employees with a general overview of city benefits. The City of Apple Valley’s benefit package is periodically reviewed and updated. POLICY Group Insurance The selection of carriers and determination of benefits for employee group insurance plans shall be at the sole discretion of the city except as provided by law. The city determines by separate resolution any amount of city contribution toward the cost of such insurance. Any additional costs of insurance in excess of the amount provided by the city shall be payable by the employee via payroll deduction. Eligibility and Effective Dates Eligibility and effective dates for group insurance and benefits are determined by the appropriate plan document or applicable administrative policy. In accordance with federal health care laws and regulations, the city will offer health insurance benefits to eligible employees and their dependents, if the employee is defined as full‐time by the applicable federal health care law. In order to comply with health care law while avoiding penalties, part‐time employees will be scheduled with business needs and in a manner that ensures positions retain part‐time status as intended. If there are any differences between benefits as described in this policy or any benefits summary, and the legal plan documents or contracts, the plan documents or contracts shall govern. 3.9 Public Employees Retirement Association (PERA) POLICY Public Employees Retirement Association (PERA) provides pension benefits for eligible employees. Participation in PERA, contribution rates, vesting, and benefits are mandated by state law. For most employees, contributions into PERA begin immediately. The city and the employee contribute to PERA each pay period as determined by state law. Most employees are also required to contribute a portion of each pay check for Social Security and Medicare, and the city matches the employee’s Social Security and Medicare withholding. City of Apple Valley Personnel Policy Manual Page 17 3.10 Injured on Duty In addition to city employees, this policy applies to firefighters and volunteers. This policy establishes a process for the reporting of injuries and payment of lost wages for employees injured on duty. POLICY An employee injured on the job shall immediately notify an appropriate supervisor. If the injury requires attention by a medical doctor, the employee is required to seek medical attention. Workers’ Compensation insurance may reimburse an employee for a portion of the regularly scheduled work hours when unable to work for three days or more. Injury on Duty Pay A full‐time employee who is, in the ordinary course of employment, while acting in a reasonable and prudent manner and in compliance with established rules and procedures of the employer, injured during the performance of the employee's duties and thereby unable to work, shall be paid the difference between the employee's regular pay and the Workers' Compensation insurance payments for a period not to exceed 720 scheduled working hours per injury, not charged to the employee's leave or other accumulated paid benefits, after a 24 scheduled working hour initial waiting period per injury. The 24 hour scheduled working hour waiting period shall be charged to the employee's leave account less Workers' Compensation insurance payments, if any, for said 24 scheduled working hour period. Any injury that does not result in compensation under the workers’ compensation law shall not be compensable in accordance with this policy. An eligible full‐time employee who is unable to work and who has exhausted the 720 scheduled working hours eligibility period for Injury on Duty Pay may draw from the employee’s accumulated paid leave for that fraction of their scheduled day(s) not covered by worker’s compensation wage loss benefits. In no instance shall the total amount of monies received by an employee exceed the employee’s current base rate of pay. PROCEDURES In case of an emergency or urgently needed medical care, call 911 or seek care immediately. Employees must report all accidents and injuries to their supervisors immediately, no matter how small or insignificant an injury appears to be. The supervisor will provide the injured employee with a CorVel ID Card and Certified Managed Care Instruction Brochure. If medical care is needed, the injured employee must call the CorVel Access Line to obtain an appointment with an approved provider. If the injury requires urgent or emergency attention by a medical doctor, seek immediate medical attention. The employee should present the CorVel ID Card to the medical provider when they begin treatment. The Supervisor’s Report of Accident or Injury must be completed and forwarded to Human Resources immediately. If additional or ongoing medical care is necessary, employees will need to work with CorVel and the Worker’s Compensation Insurance Carrier for approval of procedures. The report of injury must be reported to the insurance carrier within three days of the injury or illness. Human Resources is responsible for reporting to the insurance carrier. Supervisors are responsible for reporting immediately to Human Resources. 3.11 Temporary Modified Duty This policy does not apply to casual employees and elected officials. City of Apple Valley Personnel Policy Manual Page 18 This policy establishes guidelines for the assignment of alternate duty work on a temporary basis for an employee who is unable to perform his/her regular duties due to a temporary medical condition. POLICY A full‐time or part‐time regular employee may be eligible for a temporary modified duty assignment if he or she has a temporary medically certified condition which restricts performance of regular duties and from which recovery appears to be certain and timely. The condition must be diagnosed and certified by a licensed physician, in writing, clearly stating the medical restrictions and when the employee will be able to return to regular duties. The determination regarding the need for and availability of temporary modified duty work is under the sole discretion of the City Administrator or designee. Assignment of temporary modified duty is determined and reviewed on an individual case by case basis. The department in which the individual is temporarily assigned must have a need for a service that the employee can provide within their skill level, experience, knowledge and abilities. Work assignments and work schedules shall be determined by the supervisor in accordance with the need for service. The temporary duty may or may not be full‐ time. The employee’s temporary modified duty assignment may continue until the employee is able to return to their regular duties or until the need for the alternative duty work ceases or up to a maximum of 90 days, whichever occurs first. An extension of up to 90 days may be granted at the discretion of the City Administrator or designee. The circumstances of each employee performing temporary modified duty work will be reviewed every 30 days or as needed to determine needs for service, continued qualification and the need for such temporary modified duty. Temporary duty assignments for employees unable to perform the essential functions of their job may be withdrawn at the time it is determined by medical authority that the employee is unable to return to the employee’s former regular position. This policy shall not be construed or interpreted to mean that any employee has a right to a temporary modified duty assignment nor that the city is compelled to assign an individual to temporary modified duty status. Whenever an employee is unable to perform his/her regular duties due to a temporary medically certified condition, the employee shall notify his/her immediate supervisor, in writing, as to the nature and extent of the condition and the reason why he/she is unable to perform the job duties. This notice must be accompanied by a physician’s report containing diagnosis, current treatment, any work restrictions related to the condition, and the expected date of return to regular duties. The city may require an independent evaluation conducted by a physician selected by the city to verify diagnosis, current treatment, and expected length of condition and work restrictions. 3.12 Employee Recognition This policy applies to full‐time and part‐time regular employees and volunteers. POLICY The City Administrator or designee may establish a program to recognize employee service to the city and reward milestone years of service for regular employees and volunteers. Service Recognition Event The city may hold an annual event to recognize employee service to the city. All employees covered by this policy, and recent retirees, may be invited to the event. If the invitation includes a non‐employee guest, the non‐employee guest shall be charged a reasonable fee to attend the event. City of Apple Valley Personnel Policy Manual Page 19 Service Recognition Awards Full‐time employees and part‐time regular employees who earn annual leave are eligible for an employee service award after milestone years of continuous eligible service to the city. The City Administrator or designee may determine the recognized milestone years of service and appropriate awards. For purposes of an employee service award, eligible service shall be based on calendar years of continuous service from the first date an employee began earning annual leave. An employee rehired following separation from employment will not receive credit for prior periods of employment. Retirement Celebrations To celebrate the service of an employee covered by this policy upon their retirement, the City Administrator or designee may authorize a commemorative gift for presentation to the retiree. The city may pay reasonable costs for refreshments at an employee gathering in honor of the retiree upon their retirement, when approved in advance by the department head. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Retiree. A full‐time or part‐time regular employee leaving employment with the city in good standing, who meets the age and service requirements to draw a retirement pension benefit from Public Employment Retirement Association. 3.13 Performance Reviews This policy does not apply to elected officials. The City of Apple Valley's performance review policy encourages regular performance feedback and goal‐setting in order to: Motivate employees and supervisors Guide employees toward what needs to be done to refine their job skills Identify training and development opportunities Assist in making staffing and compensation decisions Provide quality communication time between employees and supervisors Improve performance of the individual and the City of Apple Valley POLICY An objective performance review system will be established by the City Administrator or designee for the purpose of periodically evaluating the performance of city employees. The quality of an employee’s past performance will be considered in personnel decisions such as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. Performance reviews will be discussed with the employee. While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable using the city’s employment complaint resolution process, other performance evaluation data, including subjective assessments, are not. For those parts of the performance evaluation system deemed not challengeable, an employee may submit a written response, which will be attached to the performance review. City of Apple Valley Personnel Policy Manual Page 20 Signing of the performance review document by the employee acknowledges the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the document by the employee will not delay processing. The completed document will be retained as part of the employee’s personnel file. Schedule Each full‐time and part‐time regular employee must have a current (within the preceding 12 months) performance review completed and on file by April 15th of each year. During a probationary period, informal performance meetings should occur frequently between the supervisor and the employee. Conducting these informal performance meetings provides both the supervisor and the employee the opportunity to discuss what is expected, what is going well and not so well. The employee should have a formal review completed by the end of the probationary period. A department head may establish a performance review program and schedules for casual employees in their department. 3.14 Employment Complaint Resolution Employees have a right to be heard relative to concerns or complaints pertaining to employment. This policy provides a process and options for employees seeking resolution of a work related concern. This policy does not apply to elected officials. POLICY If a complaint alleges a violation of the terms of a collective bargaining agreement, such complaint must be pursued as a grievance, rather than a complaint under this policy. If a complaint alleges a violation of the Discrimination and Harassment policy, such complaint must be pursued under the Discrimination and Harassment policy. Penalty or retaliation against an employee who initiates issue resolution, makes a complaint, or participates in a problem resolution review will not be tolerated and will be subject to disciplinary action up to and including termination. Employees may choose to utilize the resources provided through the Employee Assistance Program (EAP), recognizing the confidential EAP does not constitute a report to or knowledge on the part of the city. The following steps shall be utilized to facilitate an orderly process for allowing an employee’s concerns to be heard. 1. Immediate Supervisor Employees who are experiencing a work related conflict or have a complaint are encouraged to resolve it directly through discussions with the subject of the concern. In some situations, this may be difficult or inappropriate. In these cases, the employee should discuss the matter with his/her supervisor in an attempt to resolve the concern. If the employee is not satisfied with the results, the employee may file a complaint with the department head. 2. Department Head Employees who have a complaint requiring department head management intervention in relation to a work related issue should prepare written documentation, with supporting details, of the conflict situation or complaint and submit it to the department head. Please note: Written documentation is not required in order for the complaint to be made; however, it is strongly encouraged to allow the city to best understand the issues involved and take appropriate action. City of Apple Valley Personnel Policy Manual Page 21 Upon receipt of the written complaint, the department head, or designee, shall meet with the employee in a timely manner to hear and consider the employee’s complaint and shall issue a written response to the employee in a timely manner. The department head, or designee, shall take steps to investigate the employee’s complaint and take necessary actions, such as: 1. Take action appropriate to the authority of the department head, or designee, to resolve the employee complaint; or 2. Inform the complainant it is the conclusion of the department head, or designee, that the complaint provides no basis for city action. 3. Administrative Level If the employee is not satisfied with the resolution provided at the department head level or with the progress of the issue resolution process, the employee may submit the issue to the City Administrator, or designee, for review. The City Administrator, or designee, shall review as necessary, and issue a written statement of disposition of the issue in a timely manner. The decision of the City Administrator shall be final. Human Resources may participate at any stage of the complaint process to assist in facilitating resolution. 3.15 Discipline The objective of this policy is to establish a standard disciplinary process for employees of the City of Apple Valley. City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct and applicable city policies. This policy does not apply to elected officials. POLICY Discipline will be administered in a non‐discriminatory manner. The supervisor and/or other city official will investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. The city will discipline, suspend, demote, or discharge full‐time and part‐time regular employees for just cause only. The following are deemed appropriate forms of discipline; however, the level and order of discipline shall be at the discretion of the city, based upon the nature of the infraction: (1) Verbal reprimand and warning; (2) Written reprimand; (3) Suspension without pay; (4) Demotion; or (5) Discharge. Written reprimands, suspensions, demotions, and discharge shall be issued in written notice to the employee. Verbal and written reprimands may be carried out by the appropriate supervisor, with approval of the department head. Additionally, a supervisor may temporarily relieve an employee of duties for the remainder of a shift or work assignment with pay. Suspension without pay, demotion, and discharge may be carried out by the City Administrator, or designee. The City Council shall take final action relative to the discharge of an employee. City of Apple Valley Personnel Policy Manual Page 22 Except as provided by a collective bargaining agreement or otherwise prohibited by law, casual employment with the city is “at‐will.” The city has the right to terminate any casual employee at any time for any or no reason, with or without cause. A department shall provide a copy to Human Resources of any discipline issued to an employee. 3.16 Reasonable Unpaid Break Time for Nursing Mothers In addition to city employees, this policy applies to firefighters. POLICY In compliance with Minnesota statute and the amended Fair Labor Standards Act, and to ease the transition of mothers returning to work following the birth of a child, the City of Apple Valley will provide a nursing mother with reasonable unpaid break time to express breast milk during the work day. The break time must, if possible, run concurrently with any break time already provided to the employee. The break time must not unduly disrupt the operations of the city. The city will provide a room or other location in close proximity to the work area, where the employee can express her milk in privacy. The location will be a place, other than a bathroom, that is shielded from view and free from intrusion from co‐workers and the public. Breaks to express breast milk will not be paid. Employees may use normal break and lunch periods to accommodate their nursing needs. However, if the breaks needed to express breast milk exceed standard daily break time, the employee must use personal time, either in the form of accrued, unused paid leave time or an unpaid break. PROCEDURES An employee, who needs accommodation to express breast milk, should speak to her supervisor or Human Resources or to determine a reasonable break schedule and a suitable location for expressing breast milk. 3.17 Reasonable Accommodation to a Qualified Individual With a Disability In addition to city employees, this policy applies to firefighters and applicants. POLICY In accordance with the Americans with Disabilities Act (ADA), as amended by the Americans with Disabilities Act Amendments Act (ADAAA), the city will provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment—unless such accommodation would cause the city an undue hardship. Procedures When an individual with a disability requests accommodation and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workplace safety, he or she will be given the same consideration for employment as any other applicant. Applicants who pose a direct threat to the health, safety and well‐being of themselves or others in the workplace when the threat cannot be eliminated by reasonable accommodation will not be hired. The city will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job, unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation, or if the accommodation creates an undue hardship to the city. City of Apple Valley Personnel Policy Manual Page 23 Requesting Accommodation Generally, an applicant or employee must let the city know that he or she needs an adjustment or change concerning some aspect of the application process, the job, or a benefit of employment for a reason related to a medical condition. An applicant with a disability should contact Human Resources to request an accommodation in the application process. An employee with a disability should contact their supervisor or Human Resources to request an accommodation. Reasonable Accommodation A reasonable accommodation is a change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability. A reasonable accommodation enables an individual to apply for a job, perform a job, or have equal access to the workplace and employee benefits. There is often more than one way to accommodate a situation or activity. In order for an accommodation to be considered reasonable, however, it must not: Compromise essential requirements of a job, activity, or facility; Cause an undue administrative or financial hardship; Compromise safety of the employee or others; Fundamentally alter an essential job duty. The city will work with an individual through an interactive process to determine if an accommodation is reasonable and available. Different jobs may require different accommodations. The city will not require an employee to take a leave or accept an accommodation, and the city shall not retaliate against an employee for requesting or obtaining accommodation. Interactive Process The city utilizes an interactive process for determining reasonable accommodations. The process is confidential and individualized. The city is committed to providing reasonable accommodations for employees with disabilities in a timely manner. Determining and arranging employment accommodations is a partnership between the employee and the city (i.e., the supervisor, Human Resources, and others as needed). The individual requesting job accommodations is an active participant in an interactive process to provide reasonable accommodations that provide an equitable opportunity to engage in, while not fundamentally altering, the job duties. Roles and Responsibilities Employee The employee’s role in the interactive process is to discuss the impacts of his or her disability (including work restrictions), provide information and documentation on an as‐needed basis, and share what disability accommodations have worked in the past. In most situations, the employee is responsible for requesting accommodations as early as possible. The employee is responsible to provide documentation from an appropriately qualified health or other service professional who is knowledgeable about the employee's condition. Documentation can vary in length and format, but should focus on the ways the condition currently affects the employee, especially in the work environment. City of Apple Valley Personnel Policy Manual Page 24 Supervisor The supervisor’s role in the interactive process is to share his or her knowledge of the essential elements of the job. It is also the supervisor’s role to contact Human Resources if he or she believes that the recommended job accommodations compromise the essential requirements of a job or fundamentally alter a job. The supervisor is responsible for contacting Human Resources when an employee requests an accommodation. Human Resources The role of Human Resources in the interactive process is to work with the employees and their supervisors to identify barriers to accessing the job duties or city facilities, and assist in determining reasonable accommodations that mitigate impact of the barriers, but do not fundamentally alter the essential functions of the job. 3.18 Reasonable Accommodation to an Employee for Health Conditions Relating to Pregnancy In addition to city employees, this policy applies to firefighters. An employee must work for the city for at least 12 consecutive months immediately preceding the request and average at least 20 hours or more per week during those 12 months to be eligible. POLICY The city will attempt to provide a female employee who requests reasonable accommodation with the following for her health conditions related to her pregnancy or childbirth: More frequent restroom, food, and water breaks; Seating; Limits on lifting over 20 pounds; Temporary transfer to a less strenuous or hazardous position, should one be available. A pregnant employee shall not be required to obtain the advice of her licensed health care provider for the above accommodations. Unless such accommodations impose an undue hardship on the city, the city will engage in an interactive process with respect to an employee’s request for a reasonable accommodation. The city will not require an employee to take a leave or accept an accommodation, and the city shall not retaliate against an employee for requesting or obtaining accommodation under this section. 3.19 Pre‐Retirement Employment Transition This policy does not apply to part‐time and casual employees and elected officials. The City of Apple Valley recognizes the mutual value in some circumstances, for a retiring full‐time employee to work a reduced schedule for a limited period leading to retirement. Eligibility To request a Pre‐Retirement Employment Transition, an employee must: Meet the age and service eligibility requirements for a retirement pension benefit from Public Employees Retirement Association (PERA); Have worked for the City of Apple Valley as a full‐time employee for at least five consecutive years immediately prior to the Pre‐Retirement Employment Transition; City of Apple Valley Personnel Policy Manual Page 25 Agree to work at least 20 hours per week, but not more than 30 hours per week during the Pre‐Retirement Employment Transition. Benefit During an approved Pre‐Retirement Employment Transition: (1) The employee will earn annual leave and holiday leave at 50% of the rate in effect immediately prior to the Pre‐Retirement Employment Transition; and (2) The employee will remain on the city's group insurance plan and receive a city contribution toward benefits. The city contribution amount will be 50% of the amount approved for a full‐time regular employee. a. Approval of this benefit is subject to compliance with the city's group health plan contract provisions in effect during the time of the anticipated Pre‐Retirement Employment Transition. Requirements A Pre‐Retirement Employment Transition shall not exceed nine months immediately preceding the employee's retirement date. At the conclusion of the Pre‐Retirement Employment Transition, the employee shall be separated from employment. During a Pre‐Retirement Employment Transition, reasonable time off may be approved by the employee's supervisor. The employee must use available paid leave hours during the approved time off. The employee must account for the agreed‐upon work schedule through either hours worked or approved time off. The Pre‐Retirement Employment Transition shall not be used to extend employment by continuous or excessive use of paid leave. PROCEDURES An eligible employee may make a request for a Pre‐Retirement Employment Transition to their department head. The request must be accompanied by the employee's written notice of retirement, including retirement date. Approval of a Pre‐Retirement Employment Transition is at the sole discretion of the City Administrator or designee, upon recommendation by the department head. 4: CONDUCT 4.1 Employee Conduct In addition to city employees, this policy applies to firefighters and volunteers. The purpose of this policy is to establish standards of conduct for city employees and provide guidance with respect to such standards. This policy shall not be construed to interfere with lawful concerted activity by employees. POLICY In accepting city employment, employees become representatives of the city and are responsible for assisting and serving the citizens for whom they work. An employee’s primary responsibility is to serve the residents of the City of Apple Valley. Employees should exhibit conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To achieve this goal, employees must adhere to established policies, rules, and procedures and follow the instructions of their supervisors. These rules of employee conduct reflect generally established and accepted principles of business, workplace, and social conduct. General Conduct Employees are expected to conduct themselves, both on and off duty, in a manner that promotes the public’s trust and confidence in city services. City of Apple Valley Personnel Policy Manual Page 26 The conduct of an employee on the job shall be such that it does not bring negative public opinion on the city. All employees are expected to: Use available working hours to the best advantage in carrying out work‐related duties. Perform assigned duties to the best of their ability at all times. Render prompt and courteous service to the public at all times. Read, understand, and comply with the rules and regulations as set forth in these personnel policies as well as those of their departments. Conduct themselves professionally toward both customers and staff, and respond to inquiries and information requests with patience and every possible courtesy. Report any and all unsafe conditions to the immediate supervisor. Maintain good attendance while meeting the goals set by the supervisor. This employee conduct policy is established to make employees aware of minimum standards of conduct which are expected of a City of Apple Valley employee. In addition to the rules of conduct set forth in this policy, employees are also expected to comply with standards and rules of conduct established in the applicable department, division, office, shop, work area, etc., and to follow common sense standards of acceptable employee behavior. These basic rules are not an all‐inclusive list. Employees are expected to use good judgment and common sense and to comply with rules of conduct which are generally accepted in a working environment. Employees should be aware that certain types of off‐duty activities may be considered misconduct. Any reports of off‐duty misconduct will be reviewed on a case‐by‐case basis. The review will take into consideration the employee’s job duties, the conduct, and the nexus between the conduct and the employment relationship. For more information regarding city expectations relative to conduct, consult with your supervisor or Human Resources. Attendance and Absences Employees are required to maintain regular and reliable attendance unless absences are approved. In situations where leave is designated as Family Medical Leave, the FMLA policy shall apply. Employees who are going to be absent from work are required to notify their supervisor as soon as possible in advance of the absence. In case of an unexpected absence, employees should contact their supervisor before the scheduled starting time. If the supervisor is not available at the time, the employee should leave a message that includes a telephone number where he/she can be reached and/or contact any other individual who was designated by the supervisor. The employee must contact the supervisor on each day of an absence extending beyond one day unless arrangements otherwise have been made with the supervisor. Failure to use the established reporting process will be grounds for disciplinary action. Individual departments may establish more specific reporting procedures. An employee who is absent for three days or more and who does not report the absence in accordance with this policy, will be considered to have voluntarily resigned not in good standing. The city may waive this rule if determines that extenuating circumstances warranted such behavior. This policy does not preclude the city from administering discipline for unexcused absences of less than three days. For budgetary and data practices reasons, non‐exempt employees are not authorized to take work home or work through break times without prior approval from their supervisor. City of Apple Valley Personnel Policy Manual Page 27 Availability Employees are expected to be reasonably available for communication and for work in an emergency. The employee is responsible for notifying his or her supervisor and Human Resources of any changes to home address or phone number. City Data Practices and Retention Employees shall comply with all applicable city data practices and retention statutes, policies, rules, and standards. City Property City property is for business use only. City property, including vehicles, tools, equipment, or other resources provided to employees by the City of Apple Valley shall not be used for personal use or gain except as authorized by policy, the City Administrator or designee. Any employee who has authorized possession of keys, tools, cell phones, tablets, laptops, or other city‐owned equipment must register his/her name and the serial number (if applicable) or identifying information about the equipment with his/her supervisor. All such equipment must be turned in and accounted for by any employee leaving employment with the city in order to resign in good standing. Employees are responsible for the safekeeping and care of all such equipment. Employees are expected to treat city property in a manner that will maintain the longevity of the item. Employees must operate all city equipment in a safe manner, and extreme care must be exercised to prevent damage. Employees are expected to leave equipment in good working condition for other staff members. Broken, damaged or defective equipment must be reported immediately to a supervisor. Defacing, mutilating, misusing or otherwise abusing city equipment or property, or the property of others that is under the care and custody of the city, or the property or equipment of others that is used to provide services to the city is prohibited. The duplication of keys owned by the city is prohibited unless authorized by the City Administrator or designee. City‐Owned Vehicles Department heads will determine when it is appropriate for an employee to use city‐owned vehicles. Use of city‐ owned vehicles is restricted to city business and incidental uses which occur in the course of city business. Incidental personal use should be during an authorized break and must not substantially alter the employee’s scheduled work activities or route to/from a work site. Some departments may have additional guidelines regarding vehicle use. Employees are expected to obey all applicable laws and policies and to operate vehicles in a manner that reduces the risk of damage to the vehicle or injury to the employee or others. Seat belts must be worn at all times, and use of cell phones and other mobile devices is limited to city business purposes when safe. An employee involved in an accident, damage to public or private property, or damage to the assigned vehicle must immediately notify his or her supervisor. Conflicts of Interest It is expected that all employees will exercise good judgment in avoiding activities or situations where conflicts of interest with city business exist or could be perceived to exist. Disturbing Others Employees shall refrain from disturbing other employees in the performance of their work. City of Apple Valley Personnel Policy Manual Page 28 Dress and Appearance Employees are expected to dress in a manner appropriate to the performance of their duties, to wear clothing that is clean and well maintained, conservative and in good taste, and to observe professional grooming and personal hygiene practices. Supervisors will determine appropriate dress standards for employees in their work groups. Personal appearance should be appropriate to the nature of the work and contacts with other people and should present a positive image to the public. In certain employee groups, uniforms will be required. Employees are expected to keep uniforms clean and well maintained. Employees should keep in mind that while wearing city uniforms or clothing with city logos, they are representing the city to the public even if not on duty. Endorsement No city employee shall endorse a product or service in their official capacity as a city employee, unless authorized by the City Council. Falsification of Records An employee who makes false statements or commits, or attempts to commit, fraud in an effort to prevent the impartial application of these policies will be subject to immediate disciplinary action up to and including termination and potential criminal prosecution. Gifts and Gratuities Employees are prohibited from accepting, requesting, or soliciting gifts or gratuities from members of the public or any interested party. Following are instances when an employee may be allowed to accept an unsolicited gift: Services of insignificant monetary value. A trinket or memento of insignificant value. A plaque or similar memento recognizing individual services in a field of specialty or for a charitable cause. Food or beverage given at a reception, banquet meal or meeting away from the workplace provided by an organization at which the employee makes a speech or answers questions as part of a program. Gifts given because of the employee’s membership in a group (in which a majority of group members are not officials) and an equivalent gift is given to other group members. Informational material of unexceptional value. At times, employees may be approached by individuals or businesses wishing to make donations to the city. In the case of unsolicited donations, employees should refer the individual or business to the appropriate department head for consideration. Employees seeking donations for city‐sponsored programs or events must obtain permission from the City Administrator or designee before soliciting gifts on behalf of the city. Insubordination Employees are required to obey the directions and lawful orders of the city at all times, whether given directly by supervisors or by designee. Employees must refrain from engaging in any verbal or physical conduct towards supervisors which disrupts the city’s operations or tends to undermine supervisory authority or control. City of Apple Valley Personnel Policy Manual Page 29 Language Employees are expected to use professional and courteous language appropriate for the workplace. Outside Employment Full‐time and part‐time regular employees shall not engage in any other employment, activity or enterprise for private gain which interferes with the employee’s ability to perform required job duties for the city or which might be construed to be a conflict of interest between the employee’s regular duties with the city and the outside employment. Full‐time and part‐time regular employees are required to provide a written disclosure annually to the City Administrator or designee, relative to engaging in any other employment, activity, or enterprise for private gain. The City Administrator, or designee, may prohibit outside employment, activity, or enterprise of employees for private gain. Consideration will be given to the following conditions: Whether the outside activity interferes with the employee’s ability to perform required job duties for the city; and Whether private gain or advantage is realized from the use of city time, staff, facilities, equipment, supplies, or influence of city employees; and Whether the outside activity might be in fact, or have the appearance of, a conflict of interest with employee’s regular duties as a city employee. Personal Phone Calls and Use of Cell Phones Personal telephone calls and use of cell phones for other than city business should be limited to necessity, must not interfere with city work, and must be completed as quickly as possible. Supervisors may prohibit possession or use of personal cell phones by employees during work time. Political Activities An employee may express personal opinions on political subjects and candidates. An employee may take an active part in political management and political campaigns as long as it does not interfere with the employee’s job performance or job duties and such activities occur outside working hours. An employee may not, directly or indirectly, during working hours or on city property, solicit or receive funds for political purposes. An employee of the city may not, at any time, use authority or official influence because of their employment to compel any person to do any of the following: apply for membership in any political organization; pay or promise to pay any assessment, subscription, or contribution for political purposes; or take part in any political activity. Private or Confidential Information In the performance of city business, an employee may have access to information or records that are private or confidential. Disclosure of private or confidential information shall be made only in accordance with established city policies and procedures as well as state and federal law. Employees unsure about the release of information must consult their supervisor or the City Clerk prior to releasing information. Representation An employee shall not represent or engage in any activity with intent to represent a city position on any issue, matter, or subject unless authorized by the City Administrator or designee. City of Apple Valley Personnel Policy Manual Page 30 Reporting of Injury, Illness, or Impairment Any illness, injury, or impairment that could inhibit performance of an employee's regular duties must be immediately reported to the appropriate supervisor. An employee must immediately report all injuries sustained on the job to a supervisor regardless of the nature, cause, or seriousness. Safety Every effort must be made to develop and maintain a safe and healthy environment for employees and visitors. The elimination of unsafe acts, conditions and procedures with regard to city operations is of the utmost importance. Employees must understand and follow all established safety regulations and procedures. The wearing or use of proper personal or general protective equipment is mandatory at all times. Solicitation Employees may solicit donations, contributions, or promote appropriate fund‐raising or other activities by posting the event or item in a neutral location in the city, such as a break room or lunch room, whereby an employee may voluntarily make a donation or participate in the activity. The city reserves the right to remove such items if determined to be inappropriate conduct and/or materials without prior notification to the employee. An employee may not directly solicit donations, contributions, or request participation in an activity from other employees or members of the public, during work hours or in their official capacity as a city employee. Certain fund‐raising activities may be exempted by the City Administrator or designee from this provision. Theft The theft, attempted theft, or unauthorized possession of any property or money belonging to the city, another employee, or any other person or entity when such property is under the care of the city is prohibited. Work Performance Employees are expected to perform assigned work in a conscientious and efficient manner to the satisfaction of their supervisor. Delaying, interfering with, or hindering productivity is prohibited. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Interested Party. A person or representative of a person or association who has a financial interest in a decision an employee is authorized to make. 4.2 Discrimination and Harassment In addition to all city employees, this policy applies to firefighters and volunteers. The City of Apple Valley will provide a work environment free from unlawful discrimination and harassment based on protected class status as defined in the policy below. The city is committed to addressing all incidents of conduct or communication in violation of this policy. City of Apple Valley Personnel Policy Manual Page 31 POLICY The City of Apple Valley will not tolerate any individual engaging in verbal, written, physical, or other conduct or communication which has the purpose or effect of substantially interfering with a person’s employment, or which creates an intimidating, hostile, or offensive work environment because of a person’s protected class status including race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, membership on a local human rights commission, lawful participation in the Minnesota Medical Cannabis Patient Registry, or any other status protected by law. Harassment is generally defined as unwelcome or offensive verbal, written, physical or other conduct or communication toward an individual because of protected class status. Harassment may occur when: (1) Submission to such conduct or communication is either explicitly or implicitly made a term or condition of employment; (2) Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment such as promotion, assignment, demotion, discipline, or discharge; or (3) Such conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, or creating an intimidating, hostile or offensive working environment. Depending on the circumstances, harassment may include, but is not limited to: (1) Verbal harassment (e.g., certain unwelcome epithets, slurs, negative stereotyping, jokes, pranks or other threatening, intimidating, hostile or offensive acts because of protected class status) whether delivered in person, through voicemail, or other electronic means; (2) Written harassment (e.g., using, displaying or circulating certain unwelcome poems, letters, cartoons, or other visual or physical renderings that denigrate or show hostility or aversion toward an individual or group because of protected class status) whether delivered by paper, email, texting, or other electronic means; (3) Physical harassment (e.g., certain unwelcome gestures, impeding movement or other threatening, intimidating, hostile or offensive contact that is directed toward an individual because of protected class status). Sexual Harassment. In the case of sexual harassment, no employee shall threaten or insinuate, either explicitly or implicitly, that an employee’s refusal to submit to unwanted sexual advances will adversely affect the individual’s employment including, but not limited to, performance evaluation, wages, advancement, assignment, duties or any other condition of employment or career development. Sexual harassment includes, but is not limited to: unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, such as repeated offensive sexual flirtation, advances or propositions, unrequested touching, continual or repeated verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words, overly personal words or conduct, and the display in the workplace of sexually explicit objects. Sexual harassment can occur between members of the same sex, and the victim as well as the harasser may be a woman or a man. The harasser may be a coworker or a manager in an employee’s work unit or another unit, or someone who is not an employee who is encountered in the course of work for the City of Apple Valley. The city will determine whether particular conduct violates this policy by assessing the totality of the circumstances on a case‐by‐case basis. Conduct in violation of this policy or other inappropriate conduct may result in disciplinary action, and could include immediate termination of employment. Employee Responsibility. Employees must conduct themselves in accordance with this policy. An employee who experiences conduct or communication in violation of this policy should, whenever possible, directly inform the offending individual that the conduct is unwelcome, offensive, or improper and must stop. If the employee feels uncomfortable approaching the offending individual or if the conduct continues, the employee must inform their direct supervisor, department head, Human Resources, or the City Administrator. Likewise, an employee who suspects that conduct or communication in violation of this policy is occurring at the city must immediately contact their direct supervisor, department head, Human Resources, or the City Administrator. City of Apple Valley Personnel Policy Manual Page 32 Supervisor Responsibility. All supervisors must conduct themselves in accordance with this policy. Each supervisor is responsible for ensuring that employees comply with this policy. A supervisor who receives a complaint, or knows or has reason to believe that conduct or communication which may be in violation of this policy is occurring, must notify Human Resources or the City Administrator within two business days. A supervisor must act upon such a report even if requested otherwise by the victim. Confidentiality. Complaints of discrimination, harassment, or other unlawful employment practices will be kept confidential to the extent possible consistent with the law and the city’s need to investigate the matter. However, a person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person’s name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees’ personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s). Employees must keep all information regarding an internal Discrimination/Harassment complaint investigation confidential consistent with the law. Retaliation. Retaliation against a person who complains in good faith of a violation of this policy or participates in good faith in an investigation under this policy is prohibited. If the city finds that retaliation has occurred, individuals who engaged in the retaliatory behavior may be subject to discipline up to and including termination, regardless of whether the original complaint is substantiated. (Refer also to Investigations Policy) PROCEDURES Internal Complaint Procedure and Investigation: (1) Any employee who believes that they have been subjected to conduct or communication in violation of this policy must immediately notify their supervisor, manager, department head, Human Resources or the City Administrator. To allow the city to best understand the issues involved, each person making a complaint is strongly encouraged to complete a written Complaint Form. A department head, manager, or supervisor who receives a complaint shall notify Human Resources or the City Administrator within two business days. (2) Human Resources, the City Administrator, or designee will proceed with a formal or informal investigation and resolution process. The city will take steps to address the situation quickly and effectively. (3) At the conclusion of the investigation, the city will notify the complainant and any other person who has a need to know of the disposition of the complaint in accordance with the law. Review. If the employee is not satisfied with the resolution or with the progress of the complaint process, or if the employee is not comfortable submitting a complaint to Human Resources or the City Administrator, the employee may submit the complaint to the City Attorney’s Office for review. The City Attorney’s Office or designee, shall review as necessary, and issue a written statement of disposition in a timely manner. Coordination with Statute. The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. § 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one‐year statute of limitations under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of Human Rights. RELATED INFORMATION This policy will be published yearly through internal city communications and shall be posted at each of the city’s locations. This policy, as well as the Employee Internal Discrimination/Harassment Complaint Form, shall be available to employees from their supervisor and Human Resources. City of Apple Valley Personnel Policy Manual Page 33 4.3 Respectful Workplace In addition to all city employees, this policy applies to firefighters and volunteers. Maintaining a respectful work environment is a shared responsibility. The intent of this policy is to provide general guidelines about the conduct that is and is not appropriate in the workplace. The city acknowledges that this policy cannot possibly predict all situations that might arise, and also recognizes that some employees are exposed to disrespectful behavior, and even violence, by the nature of their jobs. POLICY Types of Disrespectful Behavior The following types of behaviors are disruptive, unacceptable, and prohibited in the workplace and are, in many instances, unlawful: Violent behavior. Includes the use or threat of physical force, harassment, bullying, or intimidation. (Refer also to Workplace Violence Prevention Policy) Discriminatory behavior. Includes inappropriate remarks or conduct related to a person’s race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, membership on a local human rights commission, lawful participation in the Minnesota Medical Cannabis Patient Registry, or any other status protected by law. (Refer also to Discrimination and Harassment Policy) Offensive behavior. May include such actions as: rudeness; angry outbursts; inappropriate humor; vulgar obscenities; name calling; foul or disparaging language; gossip; asking personal or prying questions; condescending or short tone of voice; eye rolling; sarcastic comments; undermining or impeding a person's work; withholding necessary information; tampering with a person's personal belongings or work equipment; or any other behavior regarded as offensive to a reasonable person based upon violent or discriminatory behavior as listed above. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, taking into account the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the general public will be the same throughout the city, there may be differences between work groups about what is appropriate in other circumstances unique to a work group. If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor, department head, Human Resources, or the City Administrator. Abusive Customer Behavior. While the city has a strong commitment to customer service, the city does not expect that employees accept verbal abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or they may defuse the situation themselves, including ending the contact. If there is a concern over the possibility of physical violence, a supervisor should be contacted immediately. When extreme conditions dictate, 911 may be called. Employees should leave the area immediately when violence is imminent unless their duties require them to remain. Employees must notify their supervisor about the incident as soon as possible. Sexual harassment. Can consist of a wide range of unwanted and unwelcome sexually directed behavior such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. City of Apple Valley Personnel Policy Manual Page 34 Sexual harassment includes, but is not limited to, the following: Unwelcome or unwanted sexual advances. This means stalking, patting, pinching, brushing up against, hugging, cornering, kissing, fondling or any other similar physical contact considered unacceptable by another individual. Verbal or written abuse, kidding, or comments that are sexually‐oriented and considered unacceptable by another individual. This includes comments about an individual’s body or appearance where such comments go beyond mere courtesy, telling “dirty jokes” or any other tasteless, sexually oriented comments, innuendos or actions that offend others. Requests or demands for sexual favors. This includes subtle or obvious expectations, pressures, or requests for any type of sexual favor, along with an implied or specific promise of favorable treatment (or negative consequence) concerning one’s current or future job. (Refer also to Discrimination and Harassment Policy) Employee Response to Disrespectful Workplace Behavior Employees who believe that disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below. Step 1(a). Politely, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions. Politely request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion. Step 1(b). If you fear adverse consequences could result from telling the offender or if the matter is not resolved by direct contact, go to your supervisor, Human Resources, or the City Administrator. Step 1(c). Any employee who observes violent behavior, sexual harassment, or discriminatory behavior, or receives any reliable information about such conduct, must immediately report it to a supervisor, Human Resources, or the City Administrator. (Refer to Discrimination and Harassment Policy). Step 2. If, after what is considered to be a reasonable length of time (for example, 30 days), you believe inadequate action is being taken to resolve your complaint/concern, the next step is to report the incident to Human Resources or the City Administrator. Supervisor’s Response to Allegations of Disrespectful Workplace Behavior Employees who have a complaint of disrespectful workplace behavior will be taken seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations within two business days to Human Resources or the City Administrator. A supervisor must act upon such a report even if requested otherwise by the victim (Refer to Discrimination and Harassment Policy). In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported: Step 1. If the nature of the allegations and the wishes of the victim warrant a simple intervention, the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his/her actions and requiring that the conduct not reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful. Step 2. If a formal investigation is warranted, the individual alleging a violation of this policy will be interviewed to discuss the nature of the allegations. The investigator will obtain the following description of the incident, including date, time and place: 1) corroborating evidence, 2) a list of witnesses, and 3) identification of the offender. Step 3. The supervisor must notify Human Resources or the City Administrator about the allegations. City of Apple Valley Personnel Policy Manual Page 35 Step 4. As soon as practical after receiving the written or verbal complaint, the alleged policy violator will be informed of the allegations. The alleged violator will have the opportunity to answer questions and respond to the allegations. Step 5. After adequate investigation and consultation with the appropriate personnel, a decision will be made regarding whether or not disciplinary action will be taken. Step 6. The alleged violator and complainant will be advised of the findings and conclusions as soon as practicable. Special Reporting Requirements When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to Human Resources or the City Administrator who will assume the responsibility for investigation and discipline. If the City Administrator is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the City Attorney’s Office. The City Attorney’s Office or designee shall review as necessary and issue a written statement of disposition in a timely manner. Pending completion of an investigation, the City Administrator may at his/her discretion take appropriate action to protect the alleged victim, other employees, or citizens. Confidentiality. Complaints of disrespectful workplace conduct will be kept confidential to the extent possible consistent with the law and the city’s need to investigate the matter. However, a person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person’s name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees’ personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s). Employees must keep all information regarding an internal complaint investigation confidential consistent with the law. Retaliation. Retaliation against a person who complains in good faith of a violation of this policy or participates in good faith in an investigation under this policy is prohibited. If the city finds that retaliation has occurred, individuals who engaged in the retaliatory behavior may be subject to discipline up to and including termination regardless of whether the original complaint is substantiated. (Refer also to Investigations Policy) 4.4 Investigations In addition to all city employees, this policy applies to firefighters and volunteers. The purpose of this policy is to provide guidance for conducting internal investigations of alleged violations of city policies, rules, and standards of conduct. POLICY The City of Apple Valley is committed to ensuring that all city‐initiated investigations are conducted in a fair, impartial, thorough, thoughtful manner and in compliance with all applicable laws. When an agent of the City of Apple Valley (i.e., department head, manager, supervisor) receives a complaint or other information indicating a possible violation of law or city policy, the city will conduct an investigation. Off Duty Conduct Allegations of off‐duty misconduct will be investigated on a case‐by‐case basis. Factors to be considered may include, but are not limited to, whether an individual's alleged conduct: Could seriously damage the city's public image or potential business relationship with the city; Reasonably makes it difficult or impossible for co‐workers, customers, or others with an actual or potential business relationship with the city to deal with the employee; City of Apple Valley Personnel Policy Manual Page 36 Renders an employee unable to perform his or her duties or appear at work; Leads to refusal, reluctance, or inability of other employees to work with him or her; Poses a threat to the safety of other workers; or Undermines the ability of the city to direct the work force. Cooperation with the City It is a basic requirement of the job that employees cooperate fully with the city in any investigation concerning individual conduct or the conduct of other employees. Cooperation includes the requirement that employees provide truthful information and do not conceal information or provide misleading information. Selection of Investigator The city has the sole discretion to utilize any combination of internal staff, legal counsel, and/or a third‐party independent investigator, to conduct an investigation. The City Administrator or designee will approve the retention of any third party for purposes of conducting a city‐ initiated investigation regarding employee misconduct. Investigative Leave An employee may be placed on an administrative leave during an investigation at the discretion of the city, with or without notice, in any situation the city deems to warrant removing the employee from the worksite. The leave may be paid or unpaid at the discretion of the city, based on the facts and circumstances of the investigation. The leave, and paid or unpaid status of the leave, may be reviewed and amended upon conclusion of the investigation. Confidentiality Complaints will be kept confidential to the extent possible consistent with the law and the city’s need to investigate the matter. However, a person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person’s name and statements may have to be provided to the alleged offender. In certain instances, Human Resources and/or management may be obligated to further report or take action on a complaint, even if the person reporting requests otherwise. All complaints and investigative materials will be contained in a file separate from the involved employees’ personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s). Employees must keep all information regarding an internal complaint investigation confidential consistent with the law. Risk Assessment The City of Apple Valley will make a reasonable effort to ensure that complainant(s) or person(s) providing information during an investigation are not exposed to any threats of violence, intimidation or personal risk. If any such situations are identified or have occurred, the city will proceed with the appropriate response, as advised by Human Resources, legal counsel, Police Department, or other professionals. Any city employee found to have engaged in threatening behavior will be subject to disciplinary action up to and including termination, in accordance with the city's Workplace Violence Prevention Policy. Investigative Timeline The City of Apple Valley will make reasonable efforts to initiate an investigation into allegation(s) of misconduct and conclude the investigation in a timely fashion, as appropriate. City of Apple Valley Personnel Policy Manual Page 37 Retaliation The City of Apple Valley will not tolerate retaliation or intimidation directed towards anyone who makes a complaint, who serves as a witness or participates in an investigation, or who is exercising his/her rights when requesting religious or disability accommodation. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. While each situation is very fact dependent, generally speaking retaliation can include a denial of a promotion, job benefits, refusal to hire, discipline, negative performance evaluations or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of Equal Employment Opportunity (EEO) laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, deportation or other action with immigration authorities, disparagement to others or the media and making false report to government authorities because an employee has engaged or may engage in protected activities. Any individual who retaliates against a person who testifies, assists, or participates in an investigation may be subject to disciplinary action up to and including termination regardless of whether the original complaint is substantiated. An employee, who feels retaliation is occurring within the workplace, barring any extenuating circumstances, should report the concern immediately to any of the following: 1. Supervisor or department head; 2. Human Resources; 3. City Administrator; or 4. In the event an employee feels retaliation has occurred by the City Administrator, then reporting may be made to the City Attorney's office. Supervisors who know or have reason to know of claims of retaliation must report the allegations within two business days to Human Resources or the City Administrator. A supervisor must act upon such a report even if requested otherwise by the victim. 5: LEAVES OF ABSENCE 5.1 Leaves of Absence In addition to city employees, this policy applies to firefighters. POLICY Depending upon an employee’s situation, more than one form of leave may apply during the same period of time. An employee will need to meet the requirements of each form of leave separately. Leave requests will be evaluated on a case‐by‐case basis. Except as otherwise stated, all paid time off, taken under any of the city’s leave programs, must be taken consecutively, with no intervening unpaid leave. The city will provide employees with time away from work as required by state or federal statutes, if there are requirements for such time off that are not described in the personnel policies. 5.2 Annual Leave This policy does not apply to casual employees or elected officials. City of Apple Valley Personnel Policy Manual Page 38 The City of Apple Valley provides paid time off from work under its annual leave policy. Employees are encouraged to schedule time off for relaxation to promote good physical and mental health while maintaining a sufficient accrual balance to cover unplanned absences. POLICY Annual leave shall be taken as either planned leave which will be scheduled in advance; or when necessary, unplanned leave which will require notification of the city within a timely manner on the employee’s scheduled workday. For any period during which an employee is not being paid, the employee shall not earn annual leave. An employee shall not be eligible to be compensated for annual leave, or earn additional annual leave during the time an employee is receiving disability insurance payments. Planned annual leave may be denied or approval withdrawn when the granting of such planned annual leave would result in insufficient personnel to carry out necessary functions as deemed appropriate by the city. An employee shall not be eligible to use more than double the amount of annual leave earned in a calendar year without prior approval of the City Council. If use of annual leave suggests abuse, the employee may be subject to disciplinary action up to and including discharge. An employee, who leaves the employment of the city in good standing and has returned all city property, shall be compensated for all accrued and unused annual leave following separation from employment. The city shall be solely responsible for determining whether an employee has left employment in good standing. Department heads are responsible for determining the procedure for requesting time off and/or reporting unplanned absences. Department heads may implement a paper based and/or electronic time off approval and notification system that meets the needs of the department. Accrual Schedules Eligible Full‐Time Employees Full‐time Schedule I and Schedule II employees shall, at a minimum, earn annual leave in accordance with the following schedule. An employee’s initial date of employment shall be used to determine the appropriate hours of annual leave to be accrued. The City Administrator, or designee, may authorize modification of an employee’s annual leave accumulation schedule. (1) 0 – 5 years: 4.62 hours per 2 weeks of work (2) 6 – 10 years: 6.16 hours per 2 weeks of work (3) 11 – 15 years: 7.69 hours per 2 weeks of work (4) 16 – 20 years: 8.31 hours per 2 weeks of work (5) 21+ years: 9.23 hours per 2 weeks of work Schedule III employees shall earn annual leave in accordance with the following schedule. The City Administrator, or designee, may authorize modification of an employee’s annual leave accumulation schedule. (1) 0 – 5 years: 6.16 hours per 2 weeks of work (2) 6 – 15 years: 7.69 hours per 2 weeks of work (3) 16+ years: 9.23 hours per 2 weeks of work Annual leave may not accrue in excess of 800 hours. Any hours in excess of 800 shall be forfeited. City of Apple Valley Personnel Policy Manual Page 39 Eligible Part‐Time Employees Eligible part‐time employees, as defined in this section, shall earn annual leave at one‐half the schedule described in this section. An employee’s initial date of regular employment shall be used to determine the appropriate hours of annual leave to be accrued. The City Administrator, or designee, may authorize modification of an employee’s annual leave accumulation schedule. Annual leave may not accrue in excess of 400 hours. Any hours in excess of 400 shall be forfeited. Annual Leave Cash Out An employee who has an accrued, unused annual leave balance of 160 or more hours shall be eligible to cash out up to 16 hours of annual leave once per calendar year. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Initial Date of Employment. An employee’s initial date of employment shall be the first date of consecutive employment as a regular employee with the city, except as may otherwise be determined and agreed to by the city and employee. Eligible Part‐time Employee. An employee who is: 1) Routinely scheduled for at least 20 hours per week, but less than 30 hours per week; and 2) Regularly scheduled for 52 weeks of the year; and 3) Employed in a position the city considers long‐term and subject to the city's and the employee's rights to terminate. 5.3 Short Term Disability This policy does not apply to part‐time or casual employees or elected officials. POLICY Full‐time employees participating in the annual leave program are eligible for a short term disability policy to be effective following 21 calendar days of continuous absence because of total disability due to illness, injury, or pregnancy. An employee shall be eligible to collect the short term disability benefit until the earlier of: 1) the employee becomes eligible for long term disability, or 2) six months following the date of the qualifying injury, illness, or pregnancy. The city may request, at any time, that an employee provide a medical doctor’s statement including verification of illness and/or ability to return to work. An employee shall be eligible to receive the city’s insurance contribution toward the purchase of group insurance during the period of time the employee is receiving short term disability insurance benefits, not to exceed six months from the qualifying date of illness or injury. The city will, upon request, pay the employer contribution amount due to PERA for an employee's purchase of service credit and salary from an authorized short term disability leave of absence if all of the following conditions are met: 1. The request is received by the city no later than 120 days after the end of the employee's authorized short term disability leave of absence; and 2. The employee has returned to full, unrestricted duty actively working a regular full‐time schedule with the city; and 3. The employee provides the city with evidence of payment of the employee contribution amount due to PERA. City of Apple Valley Personnel Policy Manual Page 40 Refer to the short term disability plan document for details about the plan and benefits. If there are any differences between benefits as described in this policy, and the plan documents or contracts, the plan documents or contracts shall govern. Short‐term disability benefits run concurrently with any other applicable leave allotments pursuant to city policy or statute (e.g., FMLA leave, Pregnancy/Parenting Leave, Medical Leave, etc.) 5.4 Holidays This policy does not apply to casual employees, Liquor Operations employees, or elected officials. The City of Apple Valley provides paid holidays in support of employee well‐being and a great place to work. POLICY The City of Apple Valley provides paid holidays to full‐time and eligible part‐time employees. The following are paid holidays for eligible employees: (1) New Year’s Day (7)Veteran’s Day (2) Martin Luther King, Jr. Day (8)Thanksgiving Day (3) President’s Day (9)Day after Thanksgiving (4) Memorial Day (10)Christmas Floater (5) Independence Day (11)Christmas Day (6) Labor Day (12)Personal Floating Holiday Whenever one of the above listed holidays (except Christmas Floater) falls on a Sunday, the following day shall be observed as a holiday, and whenever one of the above listed holidays (except Christmas Floater) falls on a Saturday, the preceding day shall be observed as a holiday. Christmas Floater will be: December 23 if December 25 is a Saturday or Sunday; December 24 if December 25 is a Tuesday, Wednesday or Friday; or December 26 if December 25 is a Monday or Thursday. Exceptions to the listed holidays in divisions regularly scheduled for operation on Saturday and/or Sunday will be determined at the discretion of the city. An eligible full‐time employee shall be paid 8 hours for the observed holidays. An eligible part‐time employee shall be paid 4 hours for the observed holidays. An eligible employee shall be paid for the observed holidays even if the employee is not scheduled to work on a particular holiday. An employee shall not be paid for an observed holiday which occurs while the employee is on an unpaid leave of absence. If a non‐exempt employee is required to work on a holiday observed by the city, the employee shall be compensated for the time worked at one and one‐half times the employee’s regular base rate of pay for those hours actually worked on such holiday. Eligible employees shall receive one paid Personal Floating Holiday per calendar year. The Personal Floating Holiday for a full‐time employee shall be shall be used in an increment of 8 hours. The Personal Floating Holiday for an eligible part‐time employee shall be used in an increment of 4 hours. Any Personal Floating Holiday not used during the calendar year shall be forfeited. Holiday Leave Bank in Lieu of Paid Holidays for Eligible Employees in Retail or Hospitality Services Settings Certain city functions operate regularly in a retail or hospitality services schedule and setting. In such settings, the city may provide a holiday leave bank for certain employees, in lieu of paid holidays. City of Apple Valley Personnel Policy Manual Page 41 The City Administrator, or designee, shall determine which positions will receive a holiday leave bank in lieu of paid holidays. When so designated, an eligible Schedule I, II, and III employee shall be credited with 96 hours of holiday leave time in a holiday leave bank, on January 1 of the calendar year in lieu of holidays. When so designated, an eligible part‐time regular employee who is eligible to earn annual leave shall be credited with 48 hours of holiday leave time in a holiday leave bank, on January 1 of the calendar year in lieu of holidays. Requests for use of holiday leave time shall be made in writing by the employee and in accordance with normal time off request procedures. The city reserves the sole right to grant holiday leave time. Holiday leave time shall not accumulate from year to year. Any unused holiday leave hours remaining in the employee's holiday leave bank on December 31 shall be forfeited. Holiday leave time for a new employee or an employee leaving employment shall be appropriately prorated to reflect the actual holidays observed by the city under this policy as of the date of the event affecting employment status. If an employee leaving employment has taken more holiday leave time than the appropriate prorated amount, the difference shall be deducted from the employee's final paycheck. An employee shall not use holiday leave in addition to hours worked on any holiday observed under this section. An employee shall not use holiday leave to exceed the employee's normally scheduled number of hours per work period. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Eligible Part‐time Employee. An employee who is: 1) Routinely scheduled for at least 20 hours per week, but less than 30 hours per week; and 2) Regularly scheduled for 52 weeks of the year; and 3) Employed in a position the city considers long‐term and subject to the city's and the employee's rights to terminate. 5.5 Liquor Operations Holidays This policy applies only to employees assigned to the Liquor Operations division. POLICY The City of Apple Valley provides paid holidays in support of employee well‐being and a great place to work while achieving the city’s goal of running a profitable and successful retail liquor operation. All holidays observed under this policy are without regard to holidays as may be observed by other operations within the city. Section 1: Full‐Time Schedule I, II, and III and Part‐Time Regular Employees Observed Holidays The following holidays are observed under this section: (1) New Year’s Day (7)Veteran’s Day (2) Martin Luther King, Jr. Day (8)Thanksgiving Day (3) President’s Day (9)Day after Thanksgiving (4) Memorial Day (10)Christmas Eve (5) Independence Day (11)Christmas Day (6) Labor Day (12)Personal Floating Holiday City of Apple Valley Personnel Policy Manual Page 42 If one of the above listed holidays falls on a day on which the liquor stores are closed, no alternate day shall be observed as such holiday. A non‐exempt employee who is scheduled to work on a holiday observed under this section shall be paid for those hours actually worked on the holiday at one and one‐half times the employee's regular base rate of pay. Holiday Leave An eligible Schedule I, II, and III employee shall be credited with 96 hours of holiday leave time in a holiday leave bank, on January 1 of each year in lieu of holidays. A regular part‐time employee who is eligible to earn annual leave shall be credited with 48 hours of holiday leave time in a holiday leave bank, on January 1 of each year in lieu of holidays. Requests for use of holiday leave time shall be made in writing by the employee and in accordance with the normal leave procedures of the Liquor Operations division. The city reserves the sole right to grant holiday leave time. Holiday leave time shall not accumulate from year to year. Any unused holiday leave hours remaining in the employee's holiday leave bank on December 31 shall be forfeited. Holiday leave time for a new employee or an employee leaving employment shall be appropriately prorated to reflect the actual holidays observed by the city under this policy as of the date of the event affecting employment status. If an employee leaving employment has taken more holiday leave time than the appropriate prorated amount, the difference shall be deducted from the employee's final paycheck. An employee shall not use holiday leave in addition to hours worked on any holiday observed under this section. An employee shall not use holiday leave to exceed the employee's normally scheduled number of hours per work week. Section 2: Part‐Time Retail Liquor Store Clerks Observed Holidays The following holidays are observed under this section: (1) New Year’s Day (5)Thanksgiving Day (2) Memorial Day (6)Christmas Eve (3) Independence Day (7)Christmas Day (4) Labor Day If one of the above listed holidays falls on a day on which the liquor stores are closed, no alternate day shall be observed as such holiday. A non‐exempt employee who is scheduled to work on a holiday observed under this section shall be paid for those hours actually worked on the holiday at one and one‐half times the employee's regular base rate of pay. An employee not scheduled to work on a holiday observed under this section shall not receive compensation for such holiday. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Full‐Time Schedule I, II, or III Employee. Individual employed in a full‐time position included in Schedule I, II, or III of the approved Pay and Benefit Plan. Part‐Time Regular Employee. Individual employed in a regularly scheduled part‐time position included in the approved Pay and Benefit Plan. City of Apple Valley Personnel Policy Manual Page 43 Part‐Time Retail Liquor Store Clerk. Individual employed in a retail liquor store sales clerk or lead sales clerk position included in the approved Pay and Benefit Plan. 5.6 Bereavement Leave This policy does not apply to part‐time or casual employees or elected officials. The City of Apple Valley provides full‐time employees paid leave in the event of a death in the immediate family. POLICY A full‐time employee may request up to three consecutive working days of bereavement leave in the event of a death of an immediate family member. Approved bereavement leave is not charged against an employee’s annual leave balance. The department head is responsible for approving or denying requests for bereavement leave. The actual amount of bereavement leave approved will be determined by the department head depending on the individual circumstances (such as closeness of the family member, arrangements to be made, distance to funeral/service, etc.) Bereavement leave is intended to be taken within 30 days after the death in the immediate family. The City Administrator, or designee, may grant an exception to this timeframe. PROCEDURES When an employee has need to take leave because of a death in the immediate family, the employee will complete a Bereavement Leave Request form and submit it to the department head. The approved bereavement leave request form must be forwarded to Payroll in conjunction with the time sheet entry for the pay period in which bereavement leave is taken. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Immediate family. Spouse, parent (including stepparent or legal guardian), child (including stepchild or foster child), sibling (including stepsibling), grandparent, grandchild, aunt, uncle, parent‐in‐law, grandparent‐in‐law, brother/sister‐ in‐law, and son/daughter‐in‐law. 5.7 Family and Medical Leave The federal Family and Medical Leave Act (FMLA) provides job‐protected leave for eligible employees in certain circumstances. In addition to city employees, this policy applies to firefighters. Eligibility To qualify to take FMLA leave under this policy, an employee must meet all of the following conditions: Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is to commence. The 12 months or 52 weeks need not have been consecutive; however, the city will not consider any service 7 years prior to the employee’s most recent hire date. Have worked at least 1,250 hours during the 12‐month period prior to the date when the leave is requested to commence. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave are not counted in determining the 1,250 hours eligibility test for an employee under FMLA. City of Apple Valley Personnel Policy Manual Page 44 POLICY Types of Leave Covered Leave will be granted to an eligible employee for any of the following reasons: The birth of a child, including prenatal care, or placement of a child with the employee for adoption or foster care; To care for a spouse, child, or parent who has a serious health condition; Due to a serious health condition that makes the employee unable to perform the essential functions of the position; and A covered military member’s active duty or call to duty or to care for a covered military member (Military Caregiver and Qualified Exigency Leave) (described below). Length and Amount of Leave The length of FMLA leave is not to exceed 12 weeks in any 12‐month period. The leave year is calculated based on a rolling backward basis. The entitlement to FMLA leave for the birth or placement of a child for adoption expires 12 months after the birth or placement of that child. How Leave May be Taken FMLA leave may be taken in 12 (or less) consecutive weeks, may be used intermittently (a day periodically when needed) or may be used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave shall not exceed a total of 12 workweeks. Intermittent leave may be taken when medically necessary for the employee’s serious health condition or to care for a seriously ill family member. Intermittent leave must be documented in the medical certification form as medically necessary. If an employee is taking leave intermittent or leave on a reduced schedule for planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as to not disrupt the city’s business. In instances when intermittent or reduced schedule leave for the employee or employee's family member is foreseeable or is for planned medical treatment, including recovery from a serious health condition, the city may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule. Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or foster care child only with the city’s approval. Notice An employee requiring FMLA leave must provide written or verbal notice of the need for the leave to his/her supervisor. When the need for the leave is foreseeable, the employee must give verbal or written notice to his/her supervisor at least 30 days prior to the date on which leave is to begin. If 30 days’ notice cannot be given, the employee is required to give as much notice as practicable, including following required call‐in procedures. If an employee fails to give 30 days’ notice for a foreseeable leave with no reasonable explanation for the delay, the leave may be denied until 30 days after the employee provides notice. City of Apple Valley Personnel Policy Manual Page 45 Certification and Documentation Requirements For leave due to an employee’s serious health condition or a family member’s, the city will require the completion of a Medical Certification form by the attending physician or practitioner. The form must be submitted to Human Resources within 15 calendar days after requested. If the form is not submitted in a timely fashion, the employee must provide a reasonable explanation for the delay. Failure to provide medical certification may result in a denial or delay of the leave. The city may require an employee obtain a second opinion from a provider which the city selects. If necessary to resolve a conflict between the original certification and the second opinion, the city may require the opinion of a third doctor. This third opinion will be considered final. An employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. When leave is due to an employee’s own serious health condition, a fitness for duty certification (FFD) may be required before an employee can return to work. Failure to timely provide such certification may eliminate or delay an employee’s right to reinstatement under the FMLA. If an employee is using intermittent leave, and reasonable safety concerns exist regarding the employee’s ability to perform his or her duties, a FFD certificate may be required as frequently as every 30 days during periods when the employee has used intermittent leave. Recertification Recertification of the need for leave may be required if the employee requests an extension of the original length approved by the city or if the circumstances regarding the leave have changed. Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition. Reinstatement Employees returning from Family and Medical Leave will be reinstated in the same position or a position equivalent in pay, benefits, and other terms and conditions of employment. An employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if an employee's position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave. Notice of Intent to Return from FMLA Leave The city requires an employee on FMLA leave to report periodically on the employee’s status and intent to return to work. Effect on Benefits An employee granted leave under this policy will continue to be covered under the city's group health and dental insurance plan under the same conditions and at the same level of city contribution as would have been provided had they been continuously employed during the leave period. The employee will be required to continue payment of the employee portion of group insurance coverage while on leave. If paid leave is being used during an FMLA leave, the employee’s share of group health plan premiums must be paid by the method normally used during paid leave (usually payroll deduction). An employee on unpaid FMLA leave must make arrangements to pay the normal employee portion of the insurance premiums in order to maintain insurance coverage. Arrangements for payment of the employee's portion of premiums must be made by the employee with the city. City of Apple Valley Personnel Policy Manual Page 46 All paid benefits run concurrently with unpaid FMLA benefits. For example, short term disability (STD) benefits, if available, will run concurrently with unpaid FMLA leave so that an employee will receive STD benefits while taking up to 12 weeks of FMLA leave. If there are changes in the city's contribution levels while the employee is on leave, those changes will take place as if the employee were still on the job. Failure to Return to Work after FMLA Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for at least 30 calendar days, the city may require the employee to repay the portion of the monthly cost paid by the city for group health plan benefits. The city may also require the employee to repay any amounts the city paid on the employee’s behalf to maintain benefits other than group health plan benefits. If an employee does not return to work following 12 weeks of FMLA leave, the employee may be subject to COBRA continuation of group health benefits. If the employee fails to pay the city a portion of the premiums for which he or she is responsible during the FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to pay premiums is not a qualifying event for purposes of continuation coverage under COBRA. If the employee does not return from the FMLA leave and coverage ended sometime during the FMLA leave due to lack of payment, there is no COBRA election available. For COBRA to apply, the employee must have been covered on the day before the qualifying event. In this situation, the qualifying event would occur at the time the employee did not return from the leave. Activities Prohibited During FMLA While on leave, an employee may not engage in activities (including employment) which have the same or similar requirements and essential functions of an employee’s current position. While on leave, an employee may not engage in any activity that conflicts with the best interests of the city. Such conduct will result in disciplinary action up to and including termination of employment. Seniority Seniority does not accrue during any period of unpaid FMLA except as allowed when the leave is covered by worker’s compensation. However, seniority accrued prior to commencement of FMLA leave will not be lost. Use of Paid Leave FMLA leave shall be unpaid, except that an employee may use applicable accrued paid leave during the FMLA leave period in accordance with appropriate city leave policies. An employee shall elect, prior to or immediately upon commencement of the FMLA leave, whether to use accrued paid leave during the leave. Upon electing to use accrued paid leave, the employee shall designate the type and amount of paid leave to be used during the FMLA leave period. If the employee elects to use accrued paid leave, the designated amount of accrued paid leave shall be used continuously from the commencement through the duration of the FMLA leave period. Accrued paid leave shall not be used intermittently with unpaid leave during the FMLA leave period. If the employee elects not to use accrued paid leave, the employee shall not use accrued paid leave for the duration of the FMLA leave period. Any paid disability leave benefits available to employees for covered reason will run concurrently with FMLA. City of Apple Valley Personnel Policy Manual Page 47 Additional Leave Employees who cannot return from an approved FMLA leave at the end of the approved leave period may request an extension (up to the maximum of 12 weeks allowed under FMLA). If the 12 FMLA weeks have already been used, the employee can request to go on a medical leave of absence or discretionary leave of absence without pay. If approved, before unpaid leave begins the employee must use any accrued annual leave, compensatory time, or other paid leave that remains. If the leave is approved and unpaid, the employee will be required to pay the full cost of all group insurance, as provided under COBRA, in order to continue coverage. If the unpaid leave of absence is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily resigned. If circumstances beyond the employee's control prevented the employee from requesting additional leave, a retroactive leave request may be allowed, subject to the approval of the City Administrator. FMLA ‐‐ QUALIFIED EXIGENCY AND MILITARY CAREGIVER LEAVE Qualified Exigency: Eligible employees (described above) whose spouse, son, daughter or parent either has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member’s call‐up or service. The qualifying exigency must be one of the following: (1) short‐notice deployment. (2) military events and activities, 3) child care and school activities, (3) financial and legal arrangements, 5) counseling, 6) rest and recuperation, (7) post‐deployment activities, and 8) additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. Military Caregiver Leave: An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, or parent, or next of kin of a covered servicemember may take up to 26 weeks in a single 12‐month period to care for that servicemember. The family member must be a current member of the Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise on the temporary disability retired list. Eligible employees may not take leave under this provision to care for former members of the Armed Forces, former members of the National Guard and Reserves, and members on the permanent disability retired list. Amount of Leave – Qualified Exigency An eligible employee can take up to 12 weeks of leave for a qualified exigency. Amount of Leave – Military Caregiver An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during a single 12‐month period. The single 12‐month period begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date. Leave taken for any FMLA reason counts towards the 26 week entitlement. If an employee does not take all of 26 workweeks of leave entitlement to care for a covered servicemember during this single 12‐month period, the remaining part of the 26 workweeks of leave entitlement to care for the covered servicemember is forfeited. Certification of Qualifying Exigency for Military Family Leave The city will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave City of Apple Valley Personnel Policy Manual Page 48 Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave The city will require certification for the serious injury or illness of the covered servicemember. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered Servicemember All other provisions of the FMLA policy, including use of paid leave, employee status and benefits during leave, the procedure for requesting leave, benefits during leave and reinstatement, are outlined above in the FMLA policy. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Caring. Caring for a covered family member includes psychological as well as physical care. It also includes acquiring care and sharing care duties. Child. An eligible child is defined as a person under 18 years of age (or a person incapable of self‐care because of a physical or mental disability) who is a biological, adopted, foster, or step child, a ward of the employee, or a person with whom the employee is charged with a parent's rights, duties and responsibilities. Spouse. Legally married spouse. Does not include domestic partners or common‐law spouses. Parent. An eligible parent includes a biological parent or a person who was charged with parental rights, duties and responsibilities over the employee when the employee was under the age of 18; “parent” doesn’t include in‐laws. Serious Health Condition. An illness, injury, impairment, or physical or mental condition that involves one of the following: Hospital Care: Any period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or child birth; Absence Plus Treatment: A period of incapacity of more than three consecutive calendar days that also involves continuing treatment by or under the supervision of a health care provider; Chronic Conditions Requiring Treatments. An incapacity from a chronic condition which requires periodic visits for treatment by a health care provider, continues over an extended period of time and may cause episodic rather than a continuing period of incapacity; Permanent/Long‐term Conditions Requiring Supervision; Multiple Treatments: Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider. Incapacity. Inability to work, attend school, or perform other regular daily activities. Son or Daughter of a Covered Servicemember. The covered servicemember’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in loco parentis, and who is of any age. Parent of a Covered Servicemember. A covered servicemember’s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents “in law.” City of Apple Valley Personnel Policy Manual Page 49 Next of Kin of a Covered Servicemember. The nearest blood relative, other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember’s next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember’s only next of kin. For example, if a covered servicemember has three siblings and has not designated a blood relative to provide care, all three siblings would be considered the covered servicemember’s next of kin. Alternatively, where a covered servicemember has a sibling(s) and designates a cousin as his or her next of kin for FMLA purposes, then only the designated cousin is eligible as the covered servicemember’s next of kin. An employer is permitted to require an employee to provide confirmation of covered family relationship to the covered servicemember pursuant to § 825.122(j). Covered Active Duty. Covered active duty for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country. Covered active duty for members of the reserve components of the Armed Forces (members of the U.S. National Guard and Reserves) means duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in section 101(a)(13)(B) of title 10, United States Code. (a) In the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country. Covered Servicemember. A member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. Serious Injury or Illness. In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury or illness incurred by a covered servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank or rating. Outpatient status, with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. City of Apple Valley Personnel Policy Manual Page 50 5.8 Pregnancy and Parenting Leave In addition to city employees, this policy applies to firefighters. An employee must work for the city for at least 12 consecutive months immediately preceding the request and average at least 20 hours or more per week during those 12 months to be eligible. POLICY In accordance with Minnesota statute, the City of Apple Valley will provide an unpaid leave of absence to an employee who is a biological or adoptive parent in conjunction with the birth or adoption of a child. Leave may also be used by a female employee for prenatal care or incapacity due to pregnancy, childbirth, or related health conditions. Commencement of Leave The leave shall begin at a time requested by the employee. The leave may begin not more than 12 months after the birth or adoption; except that, in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than 12 months after the child leaves the hospital. Duration of Leave The length of the leave shall be determined by the employee, but unless agreed to by the city, the leave shall not exceed 12 weeks; except that, an eligible full‐time employee may take up to six months of leave under this section. Use of Paid Leave Parental leave shall be unpaid, except that an employee may use applicable accrued paid leave during the parental leave period in accordance with appropriate city leave policies. An employee shall elect, prior to or immediately upon commencement of the parental leave, whether to use accrued paid leave during the leave. Upon electing to use accrued paid leave, the employee shall designate the type and amount of paid leave to be used during the parental leave period. If the employee elects to use accrued paid leave, the designated amount of accrued paid leave shall be used continuously from the commencement through the duration of the parental leave period. Accrued paid leave shall not be used intermittently with unpaid leave during the parental leave period. If the employee elects not to use accrued paid leave, the employee shall not use accrued paid leave for the duration of the parental leave period. Coordination with FMLA If an eligible employee has any Family and Medical Leave (FMLA) leave allotment remaining at the time parental leave commences, the leaves will run concurrently until the FMLA leave eligibility is exhausted. In no instance shall the combination of FMLA and parental leave exceed six months. Benefits No city‐provided benefits shall accrue during an unpaid parental leave. However, a covered employee shall be allowed to continue group health plan coverage at the employee’s own expense. In situations where leave is designated as Family Medical Leave, the FMLA policy and the continuation of the city’s contribution toward an employee’s group health plan coverage shall apply. Arrangements for payment of the employee’s portion of premiums must be made by the employee through the city. City of Apple Valley Personnel Policy Manual Page 51 Return to Work Upon return to work, the employee shall be returned to the same position held by the employee at the commencement of the parental leave, or one with comparable duties, number of hours, and pay. The employee will receive the same benefits and seniority the employee had before the parental leave. If an employee does not return to active employment at the conclusion of the approved parental leave, the city shall consider it a voluntary resignation on the part of the employee. PROCEDURES The employee must notify his or her supervisor, in writing, as to the nature and anticipated length of the leave requested. The employee must provide reasonable advance notice of the leave request. Adoptive Parents Adoptive parents will be given the same opportunities for leave as biological parents under this policy. The leave must be for the purpose of arranging the child’s placement or caring for the child after placement. Such leave must begin before or at the time of the child’s placement in the adoptive home. 5.9 Medical Leave This policy does not apply to elected officials. POLICY In order to give employees who need extended leave for reasons of illness or injury a reasonable time to recuperate and recover, the City of Apple Valley may provide an extended leave period for employees who have a serious health condition because of illness or injury. An eligible employee must first use any available allotment of Family Medical Leave before an extended medical leave of absence will be granted. An employee may be granted a leave of absence for medical reasons. The length of leave provided shall be determined on a case‐by‐case basis, considering what is reasonable depending on the individual facts and circumstances, and whether the leave would cause the city an undue hardship. Paid Leave and Benefits An employee shall use available accrued paid leave during the leave of absence for medical reasons. During any full calendar month in which the employee is unpaid, the employee will be responsible for the total cost of the premiums on any group insurance coverage the employee or the employee’s family is receiving through the city during this extended leave period, unless otherwise provided by law. Employees will not accrue annual leave during any period of unpaid medical leave. Reporting While on leave, the employee must keep his or her supervisor reasonably informed regarding the status of the employee’s medical condition and intent to return to work. The employee may be required to provide satisfactory medical evidence substantiating the need for continued leave. End of Leave If prior to the end of the approved leave period, it is determined by medical authority that there is not a reasonable expectation that the employee will be able to return to the his or her job because of inability to perform the job either with or without reasonable accommodation, approval of a medical leave of absence may be withdrawn and the employee separated from employment. City of Apple Valley Personnel Policy Manual Page 52 The city will grant the employee reinstatement to his or her job or job with similar duties and responsibilities at the end of the leave period unless the position has been eliminated or there are other circumstances that exist that would make reinstatement unreasonable, if the employee can continue to perform the job with or without reasonable accommodation. If at the end of the approved leave period, the employee is still not able to return to his or her job because of inability to perform the job, either with or without reasonable accommodation, the employee shall be separated from employment. PROCEDURES An eligible employee will notify his or her immediate supervisor, in writing, as to the nature and anticipated length of the leave requested. A 30‐day written notice is required if the leave is foreseeable. If a 30‐day notice is not possible, as much notice as practicable must be given. The employee may be required to provide satisfactory medical evidence substantiating the need for leave under this policy. It is the responsibility of the employee to obtain such information from his or her health provider and to provide the information to the city. 5.10 Bone Marrow Donation Leave In addition to city employees, this policy applies to firefighters. An employee must work an average of 20 or more hours per week to be eligible. POLICY The City of Apple Valley will provide paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow in accordance with Minnesota law. The combined length of leaves for the purpose of undergoing a medical procedure to donate bone marrow shall be determined by the employee, but shall not exceed 40 work hours, unless agreed to by the city. The city may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, any paid leave of absence granted to the employee prior to that medical determination is not forfeited. PROCEDURES When an employee seeks to undergo a medical procedure to donate bone marrow, the employee will notify his/her immediate supervisor, in writing, as to the nature and anticipated length of the leave requested. The employee will provide reasonable advance notice of the leave request. The city may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. If applicable, Family and Medical Leave will be applied concurrently during a bone marrow donation leave of absence. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Eligible Employee. An employee or firefighter of the City of Apple Valley who works an average of 20 or more hours per week. City of Apple Valley Personnel Policy Manual Page 53 5.11 Organ Donation Leave In addition to city employees, this policy applies to firefighters. An employee must work an average of 20 or more hours per week to be eligible. POLICY In accordance with Minnesota law, the City of Apple Valley will provide paid leaves of absence to an eligible public employee who seeks to undergo a medical procedure to donate an organ or partial organ to another person. The combined length of leaves for the purpose of undergoing a medical procedure for organ donation shall be determined by the employee, but shall not exceed 40 work hours for each donation, unless agreed to by the city. The city may require verification by a physician of the purpose and length of each leave requested by the employee for organ donation. If there is a medical determination that the employee does not qualify as an organ donor, any paid leave of absence granted to the employee prior to that medical determination is not forfeited. PROCEDURES When an employee seeks to undergo a medical procedure to donate an organ or partial organ to another person, the employee will notify his/her immediate supervisor, in writing, as to the nature and anticipated length of the leave requested. The employee will provide reasonable advance notice of the leave request. The city may require verification by a physician of the purpose and length of each leave requested by the employee for organ donation. If applicable, Family and Medical Leave will be applied concurrently during an organ donation leave of absence. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Eligible Employee. An employee or firefighter of the City of Apple Valley who works an average of 20 or more hours per week. 5.12 School Conference and Activities Leave In addition to city employees, this policy applies to firefighters. An employee must work an average of 20 or more hours per week to be eligible. POLICY In accordance with Minnesota law, the City of Apple Valley will provide eligible employees with unpaid leaves of absence to attend school conferences or school‐related activities related to the employee’s child, if the conferences or school‐related activities cannot be scheduled during non‐work hours. If the employee's child receives child care services or attends a prekindergarten regular or special education program, the employee may use school conference and activities leave time to attend a conference or activity related to the employee's child, or to observe and monitor the services or program, provided the conference, activity, or observation cannot be scheduled during non‐work hours. When the school conference and activities leave cannot be scheduled during non‐work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the city. The combined length of school conference and activities leaves shall be determined by the employee, but shall not exceed 16 hours during any 12‐month period. City of Apple Valley Personnel Policy Manual Page 54 School conference and activities leave shall be unpaid, except that an employee may use available accrued paid leave hours during the leave period in accordance with appropriate city leave policies. PROCEDURES When an employee wishes to use school conference and activities leave, the employee will notify his or her immediate supervisor, in writing, as to the nature and anticipated length of the leave requested. The employee must provide as much advance notice of the leave as is reasonably possible. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Eligible employee. An employee of the City of Apple Valley who works on average at least one‐half the full‐time equivalent position in the employee's job classification. Child. A child of the employee, including a foster child. Child care services. The care of a child by someone other than a parent, stepparent, legal guardian, eligible relative caregiver, or the spouses of any of the foregoing in or outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24‐hour day. 5.13 Voting Leave In addition to city employees, this policy applies to firefighters. Minnesota law provides that every employee who is eligible to vote in an election has the right to be absent from work for the purpose of voting. POLICY The City of Apple Valley will provide an eligible employee with leave of absence from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election, without penalty or deduction from salary or wages because of the absence. PROCEDURES A city employee who will be absent from work for the purpose of voting in an election must give his/her immediate supervisor reasonable notice of the employee’s intent to be absent. The city shall not impose any penalty or deduction from salary or wages because of the absence. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Eligible employee. An employee of the City of Apple Valley who is eligible to vote in an election. Election. A regularly scheduled state primary or general election, an election to fill a vacancy in the office of United States senator or United States representative, or an election to fill a vacancy in the office of state senator or state representative. 5.14 Election Judge Service Leave In addition to city employees, this policy applies to firefighters. Minnesota law provides that an individual who is selected to serve as an election judge may be absent from a place of work for the purpose of serving as an election judge without penalty. City of Apple Valley Personnel Policy Manual Page 55 POLICY The City of Apple Valley will not penalize an eligible employee who is absent from work for the purpose of serving as an election judge. The city will reduce the salary or wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from work. The city may restrict the number of persons to be absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite. PROCEDURES An eligible employee must give his or her immediate supervisor 20 days written notice of the request to be absent from work for the purpose of serving as an election judge. The written request to be absent from work must be accompanied by a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. 5.15 Court Appearances POLICY Employees will be paid their regular wage when required to testify in court for city‐related business. Payment will be reduced by the amount of any compensation received for court appearances (e.g., subpoena fees) arising out of or in connection with city employment, minus mileage reimbursement. 5.16 Jury Duty Leave In addition to city employees, this policy applies to firefighters. The City of Apple Valley encourages employees to serve on jury duty. Minnesota law provides employees with time away from work for jury duty. POLICY The city shall provide employees with leave for jury duty in compliance with Minnesota law. Employees excused or released from jury duty during their regular working hours will report to their regular work duties as soon as reasonably possible, or will use accrued paid leave hours to make up the difference. Full‐Time Employees Full‐time employees will be granted an amount of compensation equal to the difference between the employee’s regular base pay and per diem compensation received for jury duty. Compensation shall not include reimbursement for expenses incurred as a result of jury duty. Part‐Time and Casual Employees and Firefighters The city will provide part‐time and casual employees and firefighters with approved unpaid leave for jury duty. PROCEDURES The employee called to jury duty shall give notice of the need for leave and provide a copy of the jury duty summons to his or her supervisor as soon as practicable. City of Apple Valley Personnel Policy Manual Page 56 A full‐time employee shall provide the Payroll Coordinator copies of any per diem payments the employee receives while on jury duty. The employee will be responsible for ensuring that a report of time spent on jury duty and pay form is completed by the clerk of court so the city will be able to determine the amount of compensation due for the period involved. 5.17 Military Leave In addition to city employees, this policy applies to firefighters. POLICY State and federal laws provide employment‐related protections and benefits to employees who are called to perform uniformed service, whether in the reserves or on active duty. The city will provide leave and re‐employment to employees who engage in military service, in accordance with federal and state law. Leave of Absence The city will provide military leave to employees for up to five cumulative years of active duty service, plus such additional time in each case as the employee may be required to serve pursuant to law. An employee who will be absent from work for military duty must give his/her immediate supervisor reasonable notice of the nature and anticipated length of the leave. The employee shall provide a copy of the employee's military order verification (including the employee's name, dates for activation, and purpose type of activation) or applicable drill schedule to his/her immediate supervisor. The supervisor shall provide a copy of the documentation to Human Resources. Temporary Appointments The city may fill a military vacancy by temporary appointment while an employee is absent on military leave. Employer Paid Leave The city will provide an employee with paid leave for up to 15 days of military service in a calendar year for qualified periods of military leave. The 15 days of paid leave applies to qualifying periods of military leave of more than 15 consecutive days, as well as situations where a service member takes military leave at various times throughout the year totaling up to or in excess of 15 days. For purposes of the 15 days of paid leave, a "day" is the same as a "shift" of work. The city shall provide an employee with at least 8 hours of rest plus sufficient travel time to the duty station in advance of the time the employee is required to report to military duty. Unpaid Leave After the initial 15 days of paid leave to engage in military service, the remainder of applicable military leave shall be unpaid, except that an employee may elect to use applicable accrued paid leave hours during the leave period in accordance with appropriate city policies. Insurance Coverage Eligibility for continuation of insurance coverage for employees on military leave beyond 15 days will follow the same procedures as for any employee on a leave of absence. City of Apple Valley Personnel Policy Manual Page 57 Pension A Public Employees Retirement Association (PERA) member on military leave for less than five years has the option to purchase service credit for time missed due to military leave. If the employee elects to purchase such service credit, the city will provide the employer contribution amount. Re‐Employment Following completion of active military service, the employee shall upon request be promptly re‐employed in accordance with federal and state law. Reinstatement is based on the duration of military service. An employee returning from military service may apply for re‐employment verbally or in writing. Employees returning from military service must follow these guidelines based on calendar days of service: Up to 30 days of service: Employee must report to work for the next regularly scheduled shift on the day after release from the military (“release from the military” includes time necessary for safe travel home from the military duty location and eight hours of rest). From 31 to 180 days of service: Employee must apply for reemployment within 14 days after release. More than 180 days of service: Employee must apply for reemployment within 90 days after release. Timely reporting and application for re‐employment may also depend on the length of the leave and whether the returning employee has been injured or incurred an illness while in the uniformed service. An employee requesting re‐employment following military leave for a period of more than 31 days must provide documentation establishing: The timeliness of his or her application for reemployment; and That the five year cumulative service limitation was not exceeded; and That the employee’s military separation was not disqualifying. Upon re‐employment, the employee will receive the same seniority, annual leave accrual, and other benefits as if the employee had not been on leave. Annual leave will accrue from the time the person enters active military service until the date of reinstatement. An employee re‐employed following active duty military service shall not be removed or discharged within one year thereafter except for cause, after notice and hearing; but this shall not operate to extend a term of service limited by law. If an employee does not meet the conditions for re‐employment and timely return to active employment at the conclusion of active military service leave, the city shall consider it a voluntary resignation on the part of the employee. Re‐Employment of Disabled Veteran A veterans who is hospitalized or convalescing because of a disability incurred or aggravated by military service has an extended period, up to two years or more from the date of completion of service, to apply for reemployment or return to work. The city will make reasonable efforts to accommodate a veteran who has a disability that was incurred in, or was aggravated during, his or her service so he or she can perform the job that would have been held if the employee had not been on military leave. City of Apple Valley Personnel Policy Manual Page 58 5.18 Military Service Member Family Leave In addition to city employees, this policy applies to firefighters. In accordance with Minnesota law, the City of Apple Valley will not discriminate against the family of a service member and will provide unpaid leave for certain events relating to the military service of the family member. POLICY Leave for Events Relating to the Military Service of a Family Member The City of Apple Valley will not discharge or take adverse employment action against any employee because of the membership of that employee's spouse, parent, or child in the military forces of the United States, of this state, or any other state. The City of Apple Valley will not discharge, take adverse employment action against, or otherwise prevent an employee from attending the following kinds of events relating to the military service of the employee's spouse, parent, or child and to which the employee is invited or otherwise called upon to attend by proper military authorities: (1) departure or return ceremonies for deploying or returning military personnel or units; (2) family training or readiness events sponsored or conducted by the military; and (3) events held as part of official military reintegration programs. The City of Apple Valley will provide an eligible employee with a reasonable amount of unpaid leave for the purposes listed above in items (1) through (3). The leave shall not exceed two consecutive days or six days in a calendar year. Leave for Immediate Family Members of Military Personnel Injured or Killed in Active Service The City of Apple Valley will grant up to 10 working days of leave to an employee whose immediate family member, as a member of the United States armed forces, has been injured or killed while engaged in active service. Use of Available Paid Leave Leave under this policy shall be unpaid, except that an employee may use applicable accrued paid leave during the leave period in accordance with appropriate city leave policies. PROCEDURES An eligible city employee must give his/her immediate supervisor reasonable notice of the nature and anticipated length of the leave when requesting time off. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Immediate family member. Parent, child, grandparent, sibling, or spouse of the employee. 5.19 Victim or Witness Leave POLICY The city will allow a victim or witness, who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony, or is the spouse or immediate family member of such victim, reasonable time off from work to attend criminal proceedings related to the victim’s case. City of Apple Valley Personnel Policy Manual Page 59 DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Immediate family. Parent, spouse, child, or sibling of the employee. 5.20 Discretionary Leave of Absence Without Pay This policy does not apply to part‐time or casual employees or elected officials. POLICY A full‐time employee may request, and the city may grant a leave of absence without pay. The reason for granting or denying a request for a leave of absence without pay shall be at the sole discretion of the city. A discretionary leave of absence without pay shall not exceed six months. If an employee does not return to active employment at the conclusion of the approved leave without pay, the city shall consider it a voluntary resignation on the part of the employee. Upon return to work, the employee shall be returned to a similar position held by the employee at the time of the leave. No annual leave shall accrue during a discretionary leave of absence without pay. However, the employee shall be eligible to continue group insurance at the employee’s own expense. Discretionary leave of absence without pay shall require the advance approval of the City Administrator, or designee. The city may cancel a discretionary leave of absence without pay at any time at any time for any reason upon written notice to the employee. 5.21 Administrative Leave In addition to all city employees, this policy applies to firefighters. This policy does not apply to elected officials. POLICY An employee may be placed on an administrative leave at the discretion of the city, with or without notice, in any situation the city deems to warrant removing the employee from the worksite. The leave may be paid or unpaid, depending on the circumstances, as determined by the City Administrator or designee. The leave and paid or unpaid status of the leave may be reviewed and amended upon the employee's reinstatement to active duty. 5.22 Medical Certification of Absence Due to Illness or Injury In addition to all city employees, this policy applies to firefighters. This policy does not apply to elected officials. POLICY Good attendance is an essential job function for all city employees. If unplanned absences due to illness or injury are excessive or suggest abuse, a medical certification may be required. The medical certification must state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of his/her position. Leave may be denied for any employee required to provide a doctor’s statement until such a statement is provided. City of Apple Valley Personnel Policy Manual Page 60 The city has the right to obtain a second medical opinion to determine the validity of an employee’s workers’ compensation or illness/injury leave of absence claim, or to obtain information related to restrictions or an employee’s ability to work. The city will arrange and pay for an appropriate second opinion medical evaluation when it has been required by the city. Return to Work Following Absence Due to Illness or Injury After a medical leave or an absence because of illness or injury, a physician’s statement may be required on the employee’s first day back to work, indicating the nature of the illness or medical condition and attesting to the employee’s ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. The employee is responsible for obtaining and providing the physician's statement. Any work restrictions must be stated clearly on a return‐to‐work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. 5.23 Public Office Meeting Leave The City of Apple Valley supports employees who serve in public office. Minnesota law provides employees with time away from work for public office meetings. In addition to city employees, this policy applies to firefighters. POLICY The city shall provide employees with time off from regular work to attend meetings required by reason of the public office. As agreed between the city and the employee, the leave shall be: 1. Unpaid; or 2. Made up with other hours worked; or 3. Paid through use of the employee's available paid leave hours. If the employee takes time off without pay, the city will make a reasonable effort to allow the employee to make up the time with other hours when the employee is available. There shall be no penalty or retaliation against an employee for absences necessitated by reason of the employee's public office. PROCEDURES A written agreement regarding an employee’s time off to serve public office will be developed by the appropriate supervisor and the employee. This agreement will be submitted to the department head for final approval and a copy provided to Human Resources. The written agreement should outline expectations and procedures for the employee requesting time off to attend meetings necessitated by reason of the employee’s public office, as well as a description of how normal operations of the city will be maintained during that employee’s absences. This agreement should address the following: A schedule/calendar of expected time away from scheduled work hours to attend regular meetings of the employee’s public office; Expectations for providing reasonable advance notice of absences; Contingency response to cover employee’s absence to attend “emergency” meetings and a definition of what constitutes and “emergency” meeting; City of Apple Valley Personnel Policy Manual Page 61 Description whether time off will be taken with use of available paid leave hours, without pay, or made up with other hours worked that are agreeable to the employee and the supervisor; and A periodic review process to ensure that the agreement is meeting the needs of the employee and the city. 5.24 Leave of Absence for Legislator or Full‐Time Elected City/County Office In addition to city employees, this policy applies to firefighters. POLICY Leave of Absence In accordance with Minnesota statute, the city will provide an employee, who serves as a legislator or is elected to a full‐time city or county office in Minnesota, with a leave of absence from employment when on the business of the office. Use of Paid Leave Hours The leave shall be unpaid, except that the employee may elect to use available paid leave hours. If the employee elects to use accrued paid leave hours, the designated amount of accrued paid leave shall be used continuously from the commencement through the duration of the leave period. Accrued paid leave shall not be used intermittently with unpaid leave during the leave period. Insurance Coverage Eligibility for continuation of insurance coverage for employees on leave under this section will follow the same procedures as for any employee on a leave of absence. Temporary Appointments When an employee is absent with leave under this section, the city may fill the vacancy by temporary appointment while an employee is absent. Reinstatement Upon the completion of the last legislative day in each calendar year, or, in the case of an elected city or county official, on the completion of the final day of the term to which the official was elected, the employee shall be reinstated in the public position held at the time of entry into the legislature or taking city or county office, or be placed in a position of like seniority, status, and pay if it is available at the same salary which would have been received if the leave had not been taken, upon the following conditions: 1. That the position has not been abolished or that its term, if limited, has not expired; 2. That the legislator makes a written application for reinstatement to the appointing authority within 30 days after the last legislative day in a calendar year or, in the case of an elected city or county official, within 30 days after the expiration of the elected term; and 3. That the request for reinstatement is made not later than ten years after the granting of the leave. Upon reinstatement, the employee shall have the same rights with respect to accrued and future seniority status, paid leave, insurance benefits, and other benefits as if actually employed during the time of the leave. No officer or employee reinstated shall be removed or discharged within one year after reinstatement except for cause and after notice and hearing, but this does not extend a term of service limited by law. City of Apple Valley Personnel Policy Manual Page 62 Exceptions The rights and privileges granted by this section do not apply if the elected office is constitutionally or legally incompatible with the public employment or the elected person chooses to take leave as provided by other law. 6: WORKPLACE SAFETY AND HEALTH 6.1 A Workplace Accident and Injury Reduction (AWAIR) Policy In addition to all city employees, this policy applies to firefighters, volunteers, and such "non‐employees" as contract employees whose work is directed by the city. For the purpose of the administration of this program, there will be no difference between city employees and any “non‐employees” as described above. Contractors (electricians, plumbers, etc.) and visitors will also be required to comply with appropriate portions of this program. This requirement will be communicated to contractors and visitors by the appropriate department representative. The safety of our employees is the first consideration in the operation of the city. Accidents and injuries are not only costly to the city and the individual workers but often disastrous to the future of his or her family. It is our policy that everything within reason will be done to maintain a safe and healthy workplace for all employees. Each employee has a place in our accident prevention program and is expected to cooperate fully in all measures taken in loss prevention. POLICY It is the policy of the City of Apple Valley (the city) to provide our employees with a work place free of recognized safety and health hazards in an effort to conserve our human, physical and financial resources. The health and well‐being of all personnel is important. This policy is intended to serve as an overview of the Safety and Health Program. It outlines the philosophy by which the city will develop, implement and maintain all other safety programs which concern more specific topics. I. Goals/Objectives of the Safety and Health Program (ref. 182.653, subd. 8) General. The ultimate goal of the safety and health program is to prevent and reduce employee injuries and illnesses through the administration of an effective safety and health program. Elements of this program are: Maintenance of safe and healthful working conditions. Ensuring employee adherence to proper operating practices and procedures designed to prevent injuries and illness. Observing and applying federal, state, and local safety regulations. Each employee is properly trained and instructed on job procedures prior to job assignments. Providing safety training for all employees as a means of communicating policy and usable knowledge. Conducting periodic safety and fire inspections to identify potential hazards in the work place. Conducting accident/incident investigations to determine the cause of accidents and the actions necessary to prevent future reoccurrences. City of Apple Valley Personnel Policy Manual Page 63 Specific goals and objectives. Quantifiable goals and objectives are identified to measure our progress to the above stated goals. As a rule, these goals and objectives are measurable and attainable. They are provided in the Annual Safety and Health Workplan. Responsibility for goal and objective setting. Goals and objectives are established by the Safety Program Coordinator, safety committees and each department as needed. Time frame. The Safety and Health efforts of the city will be an ongoing effort and will be updated and reviewed annually or as often as necessary. II. Management, supervisory, and employee involvement (ref. 182.653, subd. 8(1)) General. This section describes how managers, supervisors, and employees are responsible for implementing the Safety and Health Program and how continued participation of management will be established measured and maintained. Safety Program Steering Committee. The Safety Program Steering Committee (SPSC) is responsible for assisting the Safety Coordinator and the Human Resources Department in developing the overall direction of the Safety and Health Program, including discussion of policies, procedures and facility or equipment upgrades needed to comply with state and federal law. The SPSC may assist with development of the annual work plan, selection of the outside safety consultant, planning of emergency drills, and will assist the Safety Coordinator with enforcement issues within the departments. Safety Coordinator. The Safety Coordinator is appointed by the City Administrator. The Safety Coordinator chairs the Safety Program Steering Committee (SPSC) and/or delegates this function as appropriate. The Safety Coordinator works with the advice of the SPSC and reports to the City Administrator. The coordinator acts as a liaison between the city and its outside safety consultant. The coordinator helps in drafting, scheduling and implementing the annual Safety and Health Program. Department Heads and Supervisors. The primary responsibility for providing an accident and hazard free place of employment rests with the department heads and supervisors. To carry out the Safety and Health Program, they must enforce the maintenance of safe working conditions and encourage the observance of safe habits. They must see to it that safe work methods and procedures are followed, and they must provide for the necessary safety training of supervisors and employees. Department heads and supervisors are expected to lead the way toward establishing and maintaining safe work methods and practices. They promote safety among their employees by their attitude and by the example they show. Department heads and supervisors shall be responsible for training their employees in safe work procedures, reporting and investigating all accidents and near accidents promptly, detecting and correcting unsafe working conditions and acts, and encouraging safety suggestions and discussions among their employees. In addition, department heads and supervisors shall promptly complete required reports for the Safety and Health Program and required forms for work place injuries. Department heads and supervisors shall obtain and maintain an inventory of hazardous substances and up‐to‐date MSDS sheets as required by the Right To Know Program. Department heads and supervisors are responsible for ensuring that hazardous substances, harmful physical agents (noise, heat/cold stress, ionizing/non‐ionizing radiation) and infectious agents are identified within their areas of responsibility and information to aid in preventing injury or illness is readily available to employees. City Wide Safety Committee. The City Wide Safety Committee is responsible for assisting the City of Apple Valley in identifying, implementing, maintaining and promoting the Safety and Health Program, directed toward the prevention of injury and illness on the job. It also assists the city in its efforts to comply with federal and state regulations and city policies. The committee is accountable to the Safety Program Steering Committee and to the employees it represents. The committee fulfills its responsibilities as outlined above by performing the following types of activities as applicable: Review statistics and data on injuries, illnesses, and exposures. City of Apple Valley Personnel Policy Manual Page 64 Review reports of allegedly hazardous conditions and safety suggestions. Conduct safety inspections. Assist with the development and review of programs, procedures, hazard evaluations, etc. Recommend, conduct, and /or participate in training sessions. Promote the Safety and Health Program. The City Wide Safety Committee shall, with the approval of the City Administrator and in cooperation with the AFSCME Labor‐Management Safety Committee, plan, document and recommend city‐wide safety training and education programs for all departments and divisions. The Central Maintenance Facility AFSCME Labor‐Management Safety Committee. The Central Maintenance Facility AFSCME Labor‐Management Safety Committee is comprised of representatives from management and AFSCME. Members are appointed by the respective leadership of the groups represented. Employees. All city employees are required to become familiar with the provisions of this safety manual and with the safety regulations and requirements in effect within their department or division. Employees shall guard their own safety and that of their co‐workers. Employees are responsible for the prompt reporting of all personal injuries and all accidents occurring within the course of their employment. They are responsible for reporting all unsafe vehicles, equipment, tools or working conditions to their immediate supervisor. Employees are also responsible for reporting unsafe acts such as equipment abuse, careless operation, or horseplay on the job. A supervisor shall not assign unsafe vehicles, equipment or tools. Employees appointed to the city Wide Safety Committee and/or Central Maintenance Facility AFSCME Labor‐ Management Safety Committee shall assist in promoting the programs and recommendations of these committees. III. Hazard Identification and Control (ref. 182.653, subd. 8(2)) General. This section describes the methods used to identify, analyze, and control new or existing hazards, conditions, and operations. When feasible, we will eliminate or reduce the exposure to hazards by applying engineering controls. When engineering controls are infeasible or fail to completely control the hazards, administrative controls will be used to minimize employees' exposures. When these types of controls fail, appropriate Personal Protective Equipment will be issued and employees will be required to wear it. Safety Inspections. The city will conduct safety surveys of work sites on a periodic basis to determine potential hazards which may be encountered in the normal course of duty. Inspections may be conducted by the safety committees, insurance representatives, outside consultants, or other appropriate, concerned parties. Results of the inspections are to be provided to the department heads or supervisors and Safety Program Coordinator who will forward the results and recommendations to the appropriate staff. The department heads and or supervisors will be responsible for taking corrective action. The Safety Program Coordinator will be copied on all such reports. Periodic Sampling. Periodic environmental sampling may be conducted when it is believed employees may be exposed to new hazards or hazardous materials in concentrations which may be above recognized OSHA standards. Results of the sampling will be available to employees within 15 days of the results of the monitoring. Job Safety Analysis (JSA). Safe work practices will, when applicable, be developed through the use of the Job Safety Analysis (JSA). Each major job element will be reviewed for its potential to cause injury and recommendations for hazard controls will be developed. Implementation of safety procedures developed through the JSA will be communicated to employees through a variety of means including training sessions, safety meetings, or one‐on‐one communication. City of Apple Valley Personnel Policy Manual Page 65 Employee Hazard Reporting and Safety Suggestions. Any employee who feels that there is an unsafe condition existing in any part of the operation, or has a suggestion to enhance employee safety and health must immediately report it to their supervisor or the Safety Program Coordinator. Hazard Report/Safety Suggestion forms are available for employees on the Intranet or from their supervisor or the Safety Program Coordinator. The master copy of this form is provided in the Forms and Supporting Documentation Section of the Safety and Health program. It will be the responsibility of the Safety Program Coordinator or the department supervisor to follow up on the hazard report or suggestion at the earliest feasible opportunity. All submissions will receive an appropriate degree of evaluation, and in all cases, the Safety Program Coordinator, the department head or the supervisor will communicate their findings to the employee who made the report. When appropriate, written documentation of the employee report or suggestion, and the corrective action taken (if any) will be maintained in the designated section of this binder. Employees who report hazards to the city management will not be discriminated or retaliated against in any manner. Personal Protective Equipment. Personal Protective Equipment (PPE) will be selected on the basis of the hazard in which the employee will be working and the effectiveness of the protective equipment to reduce or minimize employee exposures to the hazard. The city will use a PPE Assessment Form to aid in selection. Employees are issued specific equipment as necessary for their personal protection while on the job. PPE equipment identified for use can be found in the PPE Selection. It is the responsibility of each employee to maintain their protective equipment in good condition. If there is a problem with their equipment they are required to report it to their supervisor. Monitoring Work Place Injuries and Illness/OSHA 300 Records. All work place injuries and illnesses will be monitored by the Safety Program Coordinator. IV. Training and Communication (ref. 182.653, subd. 8(3)) General. This section describes how this program will be communicated to applicable employees, and how they will be trained in the required skills, procedures, etc. See Safety Training Matrix. Timing of training. Employees will receive training when: They are initially assigned to an area, task, or activity to which this program applies. When changes in hazards, operations, materials, etc. make retraining appropriate. When employees' performance or other observation indicate a need for retraining. Refresher training will be provided annually. Responsibilities. The department heads and supervisors are responsible for ensuring that all appropriate employees receive the required training on a timely basis. At least annually, the Safety Program Coordinator and the safety committees will review the training program to ensure its adequacy and identify opportunities for improvement. In all cases, training will be conducted by a suitably qualified person. Records. All employee training will be adequately documented. Training records will include: The names and job titles of all attendees. The name of the person conducting the training. The date, location and time of the session(s). A brief description or outline of the material discussed. City of Apple Valley Personnel Policy Manual Page 66 Training records will be maintained in the department with copies to the Human Resources Department. All records of training will be maintained for a minimum of three years beyond the training date. Bulletin boards. Bulletin boards are provided to keep employees informed of safety related issues, performance, etc. This information is also available on the Intranet. V. Injury Reporting/Investigation and Return to Work (ref. 182.653, subd. 8(4)) General. This section describes how work place accidents/incidents will be investigated, how corrective actions will be implemented, and the policies relating to returning injured employees to meaningful work at the earliest possible time. Identification of cause and correction. The city’s philosophy of accident analysis is that accidents never "just happen", rather they are caused by a series of actions or steps or failures. If these steps can be identified, they can be controlled or eliminated. The primary purpose of the investigation is to determine the root causes of the accident, and eliminate the causative factors. Process and responsibilities. Supervisor’s investigations will begin with prompt reporting of the accident by the employee to the supervisor. It will be the responsibility of the supervisor to coordinate any necessary emergency medical care. The supervisor will direct the employee to seek treatment at the medical facility designated by the city whenever possible. Basic information to be collected at the scene of the accident should be filled out by the supervisor on the Supervisor’s Report of Accident or Injury. These forms are printable from the electronic version of this program or available from the Safety Program Coordinator, who will assist the supervisor as needed and may conduct further investigations as necessary. The accident investigation is to be initiated as soon as feasible following the accident, but always within 24 hours of the initial report. When applicable the supervisor and department head will provide results of the investigation and recommendations for corrective actions to the area supervisor (for items pertaining to conditions) and/or the Safety Program Coordinator (for items pertaining to behaviors). The department heads and supervisors are responsible for taking corrective action. Return to work. All work‐related illnesses and injuries must be reported to the supervisor prior to seeking medical treatment (except in cases of medical emergencies such as life‐threatening cases). If any work is to be missed as a result of the injury, the employee must report this to the supervisor as soon as possible (but always within 24 hours, or the beginning of the scheduled work shift, whichever is sooner). If the employee seeks medical attention, he/she must provide a "workability report" or equivalent, from the medical provider, outlining the employee’s restrictions, if any. Upon receipt of the workability report, the supervisor and/or the Safety Program Coordinator will meet with the injured employee to attempt to identify potential work assignments which can be performed within the employee’s restrictions. Providing these assignments will be based on operational needs and the city cannot guarantee such assignments will be available. The employee is expected to monitor his/her own work and ensure that he/she is working within restrictions at all times. The city reserves the right to require the employee to acknowledge in writing that he/she understands the contents of the workability report and his/her restrictions, and that it is the employee’s responsibility to monitor his/her own work to ensure that all such restrictions are complied with. VI. Safety Rules and Enforcement (ref. 182.653, subd.8(5)) General. This section describes how safe work practices and rules will be enforced. Disciplinary policy. Employees found to be in violation of this policy will be subject to disciplinary action, up to and including termination. Formal safety rules are communicated to employees through means such as the Safety and Health Program, Intranet, bulletin boards, safety meetings, training, performance reviews, etc. City of Apple Valley Personnel Policy Manual Page 67 PROCEDURES This program will be reviewed, at minimum annually, by the Safety Program Coordinator or designee. The purpose of this review is to ensure its ongoing adequacy, effectiveness, and accuracy, as well as to identify any opportunities for improvement. This will include a review of all policies, programs, procedures, training records, and other available written materials which pertain to the program. When appropriate, the review shall also include changes in available control technology. All such reviews (whether changes were made or not) will be documented on the review page of the Safety and Health Manual. 6.2 Workplace Violence Prevention In addition to all city employees, this policy applies to firefighters and volunteers. This policy specifically applies to covered individuals who have a valid permit to carry a pistol. This policy does not apply to sworn police officers performing in the line of duty. The City of Apple Valley is committed to creating and maintaining a workplace free from threats and acts of violence for all employees and visitors. It is the responsibility of every employee to treat others with respect and dignity and to promote a safe and healthy workplace free from threats and acts of violence. POLICY The City of Apple Valley does not tolerate any type of workplace violence committed by or against employees and visitors. Employees are prohibited from making threats or engaging in violent activities. Violence Acts of violence include, but are not limited to: Use of physical force and/or threat of physical force; Causing physical injury to oneself or another person; Written or verbal communications, which are of a threatening, intimidating or coercive nature; Vandalism or intentional destruction of city property or the property of another person; Committing acts motivated by, or related to, discrimination and harassment; Deliberate or careless conduct endangering the safety of another person; Possessing, carrying, or using a firearm and ammunition, or other dangerous weapons as defined while working on city property, working in any location on behalf of the city, driving on city business, riding as a passenger on city business, performing emergency or on‐call work after hours on behalf of the city, attending training or conferences on behalf of the city, except where such possession or use is specifically required as part of the employee’s job duties. An exception to this policy is that city employees may carry and possess firearms only in city‐owned parking areas if they have obtained the appropriate permit(s). Therefore, if a city employee must drive his or her personal vehicle on city business, and the vehicle contains the employee's firearm, he or she must either: 1) check the firearm with the Police Department during the workday and retrieve it after work, or 2) ensure the firearm is enclosed in a case or container designed for that purpose, is unloaded, and is secured in an area of the personal vehicle where it will not be visible to the public when the employee is conducting city business (example: a cased firearm in a locked trunk). If the employee checks the firearm with the Police Department, the firearm must be presented unloaded, safety on, in a case or container designed for that purpose. City of Apple Valley Personnel Policy Manual Page 68 Acts of violence on city property or facilities, or while on city business, will not be tolerated or ignored. Employees found to be in violation of this policy will be subject to disciplinary action up to and including termination of employment. Any unlawful act of violence committed by employees or members of the public while on city property or while using city facilities or property, will be prosecuted as appropriate. The city intends to use reasonable legal, managerial, administrative, and disciplinary procedures to secure the workplace from violence and to reasonably protect employees and members of the public. The city reserves the right to search and inspect city property. The employee’s supervisor or department head shall have the authority to approve whether it is necessary for an employee to carry any tools or instruments on their person to properly perform the duties of their job and whether certain tools will be provided by the city to complete work‐related tasks. Commitments and Responsibilities All employees are responsible for: Refraining from acts of violence; Promoting safe workplace practices, including this policy; Promptly reporting to department heads, supervisors and/or Human Resources any dangerous, harassing, threatening or violent situations that occur in the workplace; Refraining from any type of retaliation against a person for having made a complaint or report of violence in the workplace, or participating in an investigation of violence in the workplace. PROCEDURES Reporting All employees shall be responsible for promptly reporting incidents of violence in the workplace or potentially dangerous situations to their department head, supervisor and/or Human Resources and where appropriate to law enforcement authorities. A department head or supervisor receiving a report of an incident from an employee should promptly notify Human Resources of the report. Reporting Orders for Protection All employees shall notify their department head, supervisor and/or Human Resources when an order for protection has been obtained naming city premises, and are encouraged, but not required, to make such notification when an order for protection is obtained which does not name city premises as a protected area. Retaliation Retaliation against a person for having made a complaint or report of violence in the workplace, or participating in or assisting in an investigation of violence in the workplace is prohibited. Any person who believes that he or she has been subject to such retaliation/harassment should promptly bring it to the attention of his or her department head, supervisor and/or Human Resources. Confidentiality Consistent with the necessity of prevention and investigation of violence in the workplace, personal information obtained in the course of an investigation under this policy shall be considered confidential and not subject to public disclosure except as may be necessary as part of the disciplinary process or as otherwise provided by law. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. City of Apple Valley Personnel Policy Manual Page 69 Dangerous weapon. A dangerous weapon is any instrument capable of producing bodily harm, and the use of which manifests intent to harm or intimidate another person or that warrants alarm for the safety of another person. This includes city tools, instruments, or other implements which if used improperly and/or for anything other than their intended use could result in bodily harm, intent to harm, intimidate another person or threaten the safety of the employee and/or another person. 6.3 City Driving In addition to all city employees, this policy applies to firefighters and volunteers. POLICY The City of Apple Valley expects all employees who are required to drive as part of their job to drive safely while on city business and to maintain a good driving record. An employee driving on city business, whether in a city‐owned or personal vehicle, shall obey all applicable traffic laws. Driver’s License No employee may operate a vehicle for city business without a valid state‐issued driver’s license. An employee, who drives a vehicle on city business, is required to notify their immediate supervisor on the first work day after any temporary, pending, or permanent loss, suspension, revocation, restriction, and/or other action is taken which would affect the employee’s ability to maintain licensure. The employee is also required to keep their supervisor informed of any changes thereafter. Driving Data Examination The city may examine driving data for all employees whose position requires a valid driver’s license to determine compliance with this policy for public safety and reduction of exposure to liability. Driving data will not be accessed until the employee has provided written informed consent for the city to access the data. Failure to provide consent will create a presumption that the employee's license to drive has been suspended or terminated and the employee may be subject to discipline. The city will determine appropriate action on a case‐by‐case basis. 6.4 Use of Cell Phones and Other Communication Devices by Casual Employees This policy applies only to casual employees. The safety of employees and the general public is a primary consideration in the operation of the city. The City of Apple Valley will implement programs that provide employees with a work place free of recognized safety and health hazards in an effort to conserve our human, physical and financial resources. POLICY Casual employees are not permitted to use cellular phones or any other mobile communication technology devices while operating a city motor vehicle or any other piece of city equipment including, but not limited to: lawnmowers, tractors, and tool cats; performing work tasks within the street, boulevard, or road right of way; or carrying out or assisting with job assignments. Casual employees are not permitted to use cellular phones, or any other mobile communication technology devices while a passenger in a city motor vehicle or on or in any other apparatus. Personal mobile communication technology devices must be turned off and stowed during work hours. Devices may be used during approved rest breaks. The city may issue city‐owned communication devices such as radios to certain staff members. City of Apple Valley Personnel Policy Manual Page 70 If it becomes necessary in an emergency or work related situation to use such communication devices while operating city vehicles or equipment, the vehicle and/or equipment must be brought to a complete stop in a safe manner and in a safe location and placed in “park”. Casual employees are to refrain from doing any other activities while driving or operating equipment that may lead to being inattentive to their primary responsibility including the operation of a motor vehicle and/or equipment safely and with full attention given to the operation. Violation of this policy will result in disciplinary action, up to and including termination of employment. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Mobile communication technology devices. Examples include: cellular phones, smart phones, and other devices. Use. Includes dialing, talking, texting, reading, listening, and handling. 6.5 Drug Free Workplace In addition to all city employees, this policy applies to firefighters, volunteers, contractors, applicants, and visitors. The City of Apple Valley is committed to protecting the safety, health and well‐being of all employees and other individuals in our workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. We have established a drug‐free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug‐free environment. The city encourages employees to voluntarily seek help with drug and alcohol problems. POLICY The drug‐free workplace policy is intended to apply whenever anyone is representing or conducting business for the organization. Therefore, this policy applies during all working hours, whenever conducting city business or representing the city. Prohibited Behavior Employees are prohibited from engaging in any of the following conduct: 1. Bringing or storing (including in a desk, locker, automobile, or other repository) illegal drugs or drug paraphernalia on the City of Apple Valley’s premises or property, including the City of Apple Valley’s owned or leased vehicles, in vehicles used for the City of Apple Valley purposes, or a customer’s premises. 2. During work hours, while on the City of Apple Valley’s premises or wherever the City of Apple Valley’s work is being performed, including during any breaks, having possession of, being under the influence of, testing positive for, or otherwise having in one’s system, illegal drugs or alcohol. a. This does not include the limited sampling of alcoholic beverages on city premises for training purposes by Liquor Operations employees under the direction of the Liquor Operations Director 3. Using, possessing, consuming, transporting, distributing or attempting to distribute, manufacturing, selling or offering for sale, trading, or dispensing illegal drugs or intoxicants. City of Apple Valley Personnel Policy Manual Page 71 4. Illegal or unauthorized use, or intentional misuse and/or abuse of prescription drugs. Prescription and over‐the‐counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over‐the‐counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor) to avoid unsafe workplace practices. 5. Being convicted of or entering a plea of guilty relative to any criminal drug or alcohol offense which would affect an employee’s ability to perform the duties of his or her position. All employees must notify the City of Apple Valley in writing of any criminal drug or alcohol conviction no later than five (5) calendar days after such conviction. Upon receipt of this writing, the City of Apple Valley will determine what, if any, discipline is appropriate given the nature and severity of the offense. 6. Failing to notify a supervisor before going to work if an employee believes that he or she is under the influence of drugs or alcohol. 7. Refusing to cooperate with the terms of this policy in any way. Employees who engage in any of the prohibited conduct listed above are in violation of this policy and are subject to discipline, up to and including termination. Referral for criminal prosecution may occur where appropriate. In the case of an applicant who violates this policy, the offer of employment can be withdrawn. Assistance The City of Apple Valley recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our drug‐free workplace policy: Encourages employees to utilize the services of qualified professionals in the community to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help. Allows the use of accrued paid leave while seeking treatment for alcohol and other drug problems. The employee is responsible for the cost of any recommended treatment. Confidentiality All information received by the organization through the drug‐free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. Shared Responsibility A safe and productive drug‐free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to use of alcohol or other drugs. In addition, employees are encouraged to: Be concerned about working in a safe environment. Support fellow workers in seeking help. Use the Employee Assistance Program. City of Apple Valley Personnel Policy Manual Page 72 Report dangerous behavior to their supervisor. It is the supervisor's responsibility to: Inform employees of the drug‐free workplace policy. Observe employee performance. Investigate reports of dangerous practices. Document negative changes and problems in performance. Counsel employees as to expected performance improvement. Refer employees to the Employee Assistance Program. Clearly state consequences of policy violations. 6.6 Drug and/or Alcohol Testing Policy Job Applicants for Sworn Police Officer Positions. This policy applies to a person who applies for a sworn police officer position with the City of Apple Valley and who has received a job offer made contingent on the person passing drug and/or alcohol testing. PURPOSE The purpose of this policy is to provide written guidelines in compliance with applicable Minnesota Statutes for requesting or requiring job applicants for sworn police officer positions to undergo drug and/or alcohol testing. The city prohibits the possession, consumption, sale, transfer or “being under the influence” of alcohol or illegal drugs during work hours. DEFINITIONS For purposes of this drug and/or alcohol testing section, the following terms shall have the meanings ascribed to them: Commissioner. The Commissioner of Minnesota’s Department of Health. Confirmatory Test and Confirmatory Retest. A drug or alcohol test that uses a method of analysis approved by the commissioner as being reliable for providing specific data as to the drugs, alcohol, or their metabolites detected in an initial screening test. Drug. A controlled substance as defined in M.S. § 152.01, subd. 4. Drug and Alcohol Testing. Analysis of a body component sample approved by the Commissioner, including blood, breath, and urine, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug Paraphernalia. Shall be defined as set forth in Minnesota Statutes. Employer. The city acting through the City Administrator, designee of the City Administrator, or City Council. Initial Screening Test. A drug and/or alcohol test which uses a method of analysis approved by the Commissioner as being capable of providing data as to the general classes of drugs, alcohol, or their metabolites. Job Applicant. A person who applies for a sworn police officer position with the Police Department and includes a person who has received a job offer made contingent on the person passing drug and/or alcohol testing. City of Apple Valley Personnel Policy Manual Page 73 Positive Test Result. A finding by a laboratory licensed by the State of Minnesota under Minnesota Statutes of the presence of alcohol, drugs or their metabolites in a sample tested in levels at or above the threshold detection levels set by the Commissioner. Reasonable Suspicion. A basis for forming a belief based on specific facts and rational inferences drawn from those facts. Safety Sensitive Position. A job in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. All sworn police officers occupy safety‐sensitive positions. Under The Influence. Having the presence of a drug or alcohol at or above the level of a positive test result. Valid Medical Reason. 1) Written prescription, or an oral prescription reduced to writing, which satisfies the requisites of M.S. § 152.11, and names the employee as the person for whose use it is intended; 2) The drug was prescribed, administered and dispensed in the course of professional practice by or under the direction and supervision of a licensed doctor, as described in M.S. § 152.12; 3) The drug was used in accordance with terms of the prescription; and 4) Over‐the‐counter medication was used in accordance with terms of the product’s directions. Working Days. For purposes of this section to be defined as Monday through Friday. POLICY Persons Subject To Testing All job applicants, as defined by this section, who have received a contingent offer of employment, are subject to testing under this section. Refusal To Undergo Testing A job applicant has a right to refuse to undergo drug and/or alcohol testing. If a job applicant refuses to undergo drug and/or alcohol testing required by the employer, no such test shall be given. Consequences of Refusal If a job applicant refuses to undergo drug or alcohol testing, the applicant shall be deemed to have withdrawn application for employment. Procedure for Testing (1) Notification form. At the time the employer requests a job applicant to undergo drug or alcohol testing, the employer shall provide the individual with a form on which to: (a) Acknowledge the individual has seen a copy of the employer’s drug and alcohol testing policy; and (b) Indicate any over‐the‐counter or prescription medications the individual is currently taking or has recently taken, and any other information relevant to the reliability of, or explanation for, a positive test result; and (c) Indicate consent to undergo the drug and alcohol testing. (2) Test sample. The test sample shall be obtained in a private setting and the procedures for taking the sample shall ensure privacy to employees to the extent practicable, consistent with preventing tampering with the sample, and shall conform with applicable rules of the commissioner. All test samples shall be obtained by or under the direct supervision of a health care professional at a medical facility of the employer’s selection. (3) Identification of samples. Each blood or urine sample shall be sealed in a suitable container free of any contamination that could affect test results, and be properly identified with the individual that provided the sample pursuant to the identification procedures of the testing facility. City of Apple Valley Personnel Policy Manual Page 74 (4) Chain of custody. The testing facility shall maintain a written record of the chain of custody of the sample and ensure proper handling as required by the commissioner. (5) Laboratory. All drug and alcohol testing shall use the services of a testing laboratory licensed by the commissioner or qualifying under the transitional laboratory requirements set forth in Minnesota Statute, however, no test shall be conducted by a testing laboratory owned and operated by the City of Apple Valley. (6) Methods of analysis. The testing laboratory shall use methods of analysis and procedures to assure reliable drug and alcohol testing results, including standards for initial screening tests and confirmatory tests. (7) Retention of storage. Retention and storage procedures shall comply with the rules adopted by the Commissioner, and all samples that produced a positive test result, except breath samples from an initial screening test, shall be retained and properly stored by the testing facility for at least six months. (8) Test result. The testing laboratory is required to prepare a written report indicating the drugs, alcohol, or their metabolites tested for, the types of tests conducted and whether the test produced negative or positive test results. The testing laboratory shall disclose that report to the employer within three working days after obtaining a negative result on the initial screening test or, if the initial test was positive, within three working days after a confirmatory test. (9) Notice of test results. Within three working days after receiving the test result from the testing laboratory, the employer shall inform, in writing, a job applicant who has undergone drug or alcohol testing of: (a) A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; (b) The right to request and receive from the employer a copy of the test result report; (c) The right to submit information to the employer within five working days after notice of a positive test result to explain that result; and (d) The right to submit a written notice to the employer within five working days after notice of a positive test result, that the employee intends to obtain a confirmatory retest of the original sample at the employee’s own expense at the original laboratory or another licensed testing laboratory. If a confirmatory retest is conducted in accordance with the rules adopted by the commissioner, and by a licensed laboratory, and the confirmatory retest does not result in a positive test result, the city shall reimburse the employee the actual cost of the confirmatory retest in an amount not to exceed one hundred dollars $100. (e) A job applicant who has received a job offer contingent on the applicant passing drug and alcohol testing, and for whom a positive test result on an initial test was obtained, has a right not to have the job offer withdrawn unless the initial test has been verified by a confirmatory test. Employer actions. Where there has been a positive test result in a confirmatory test of a job applicant, the employer will withdraw the contingent offer of employment. Data privacy All data collected, including that in the notification form and the test report, is intended for use in determining the suitability of the employee for employment. The employee may refuse to supply the requested data; however, refusal to supply the requested data may affect the person’s employment status. City of Apple Valley Personnel Policy Manual Page 75 The employer will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another employer or to a third party individual, governmental agency, or private organization except in the following situations: (a) Written consent for the release of data by the tested person; (b) Pursuant to court order; (c) For use in an arbitration proceeding pursuant to a collective bargaining agreement; (d) For use in an administrative hearing pursuant to Minnesota Statutes; (e) For use in a judicial proceeding; (f) Disclosure to a federal agency as required by federal law; (g) Disclosure to a substance abuse facility. 6.7 DOT Drug and Alcohol Testing Policy PURPOSE The purpose of this policy is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy implements the requirements of the Federal Omnibus Transportation Employee Testing Act and the U.S. Department of Transportation Regulations, 49 C.F.R. Part 382. This policy is in addition to and separate from the city’s Drug Free Workplace Policy, which implements the federal Drug Free Workplace Act of 1988. SCOPE This policy applies to all employees whose job duties include operating city vehicles that: 1. Have a gross vehicle weight rating of 26,001 pounds or more; or 2. Have a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 3. Are designed to carry 16 or more passengers including the driver; or 4. Are of any size and are used in the transportation of materials where the vehicle is required to be placarded under the Hazardous Materials Regulations 49 CFR part 172, subpart F (regardless of weight). All applicants, including current employees, applying for a position where duties include operating the vehicles described above, will be required to take a drug test if a job offered is made. The job is contingent upon a negative drug test report. POLICY Prohibited Activities The following alcohol and controlled substance‐related activities are prohibited: Under the Influence of Alcohol While on Duty. Reporting for duty, or remaining on duty, to perform safety‐sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or remaining on duty to perform safety‐sensitive functions while having an alcohol concentration of 0.02, but less than 0.04, will be removed from duty for twenty‐four hours, escorted home and placed on annual leave for hours missed from work. City of Apple Valley Personnel Policy Manual Page 76 Using Alcohol. Using alcohol while performing safety‐sensitive functions. Alcohol possession. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol in any quantity. Pre‐duty use. Using alcohol within four hours of performing a safety sensitive function. If an employee has had alcohol within four hours they are to notify his/her supervisor before performing any safety sensitive functions. Drinking Alcohol within 8 Hours Following an Accident (or prior to being tested). When required to take a post‐ accident alcohol test, using alcohol within eight hours following the accident, or prior to undergoing a post‐accident alcohol test, whichever comes first. Refusal to test. Refusing to submit to an alcohol or controlled substance test required by post‐accident, random, reasonable suspicion or follow‐up testing requirements. Under the Influence of Drugs While on Duty. Reporting for duty or remaining on duty, requiring the performance of safety‐sensitive functions, when the driver uses any controlled substance, except when instructed by a physician who has advised the driver that the substance does not adversely affect the drivers’ ability to safely operate a commercial motor vehicle. The driver must inform his/her supervisor of any therapeutic drug use. Reporting for Duty after Testing Positive. Reporting for duty, remaining on duty or performing a safety‐sensitive function, if the driver tests positive for controlled substance. Tests required There are six instances when a driver may be tested. Pre‐employment, post‐accident, random, reasonable suspicion, return‐to‐work, and follow‐up. Pre‐employment testing. After a conditional offer of employment, but prior to the first time a driver performs safety‐sensitive functions, the driver must submit to testing for controlled substances. Any job offer, reassignment, or transfer to drive a commercial motor vehicle will be contingent upon: 1. A verified negative controlled substance test result, and 2. The applicant’s written agreement authorizing former employers to release to the city all information on the applicant’s alcohol tests with a concentration result of 0.04 or greater, positive controlled substance test results, refusals to be tested, other violations of the testing regulations, and completion of return to duty requirements within the preceding two years. The city also retains the right not to hire a driver who has a positive test result and who has not participated and completed a counseling or rehabilitation program as directed by the driver’s substance abuse professional. Post‐accident testing. As soon as practical following an accident involving a commercial motor vehicle, each driver will be tested for alcohol and controlled substances when the following occurs: The accident involved a fatality, or The driver receives a citation for a moving traffic violation from the accident and an injury is treated away from the accident scene, or The driver receives a citation for a moving traffic violation from the accident and a vehicle is required to be towed from the accident scene. City of Apple Valley Personnel Policy Manual Page 77 Alcohol Testing. An alcohol test must be administered within 2 hours of the occurrence of the accident. If two hours have elapsed from the time of the accident and the driver has not submitted to an alcohol test, the supervisor will prepare a record stating the reason a test was not promptly administered and submit it to the Human Resources Manager. If an alcohol test required by this section is not administered within two hours following the accident, the city will continue to make attempts to perform an alcohol test within 8 hours of the time of the accident. If eight hours have elapsed and the driver has not submitted to an alcohol test, the supervisor will cease attempts to administer the test and prepare the record described above. The driver must not consume any liquid containing alcohol for up to 8 hours following an accident or until the employee has tested, whichever occurs first. (See Consequences for Refusal to Test). A driver who is subject to post‐accident testing shall remain readily available for such testing for the time periods described above, or the driver may be deemed by the city to have refused to submit to testing. Drug Testing. The driver must provide a urine sample for a drug test within 32 hours of the occurrence of the accident. If thirty‐two hours have elapsed and the driver has not submitted to a controlled substance test, the supervisor will cease attempts to administer the test and will prepare a record stating the reason a test was not promptly administered and submit it to the Human Resources Manager. The city may accept the results of a blood or breath test in place of an alcohol test and urine test for the use of controlled substances if: 1. Such tests are conducted by the Federal, State and/or local officials having independent authority for the test, and 2. The tests conform to applicable Federal, State, or local requirements, and 3. The test results can be obtained by the city. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. Reasonable suspicion testing. A supervisor must require a driver to submit to an alcohol or controlled substance test when there is reasonable suspicion to believe the driver violated the alcohol or controlled substance prohibitions. Reasonable suspicion is defined as the belief that the driver has violated the alcohol or controlled substance prohibitions, based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. A written record will be made of the observations leading to an alcohol or controlled substance test, and signed by the supervisor who made the observations, within twenty‐four hours. The record will be submitted to the Human Resources Manager. Alcohol testing is authorized only if the observations are made during, just before, or just after the period of the workday the driver is required to be in compliance. If a reasonable suspicion alcohol test is not administered within two hours following the observations, the supervisor will prepare a record stating the reasons the alcohol test was not administered promptly and submit it to the Human Resources Manager. If the alcohol test is not administered within eight hours, the supervisor will cease attempts to administer the test, and will prepare the record described previously. The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor or an employee of the city who is trained in accordance with federal law. The person who makes the determination or who observes or assists with making the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. City of Apple Valley Personnel Policy Manual Page 78 Even if no test is taken, no driver shall report for duty or remain on duty requiring the performance of safety‐ sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the city permit the driver to perform or continue to perform safety‐sensitive functions, until: 1. An alcohol test is administered and the driver’s alcohol concentration measures less than 0.02; or 2. Twenty‐four hours have elapsed following the determination there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy and federal law concerning the use of alcohol. Except as provided in (4)(e)2 herein, the city shall not take any action under this policy against a driver based solely on the driver’s behavior and appearance with respect to alcohol use, in the absence of an alcohol test. This does not prohibit the city with authority independent of federal law from taking any action otherwise consistent with law. Random testing. Method of selection of drivers to be tested. The selection of drivers for random alcohol and controlled substance testing shall be made by a scientifically valid method, such as a random number table of a computer‐based random number generator that is matched with drivers’ social security numbers, payroll identification numbers, and other comparable identifying numbers. Under the selection process used, each driver shall have an equal chance of being tested each time selections are made. Alcohol testing will be administered at a number equal to or greater than ten percent (10%) of the average number of driver positions. Controlled substance testing will be performed at a number equal to or greater than fifty percent (50%) of the average number of drivers unless changed by the FHWA administrator. For controlled substance testing, the city shall randomly select a sufficient number of drivers Drivers may be selected for more than one test per year. Tests will be unannounced and spread reasonably throughout the calendar year. Drivers selected for random tests will proceed immediately to the testing site upon notification of being selected. In the event a driver who is selected for a random test is on vacation or an extended medical absence, they will be tested when they return, or an alternately selected driver may be tested in their place if necessary. Return‐to‐duty testing. The city shall ensure that before a driver returns to duty requiring the performance of a safety‐sensitive function after engaging in conduct prohibited by federal law or this policy concerning alcohol or controlled substances, the driver shall undergo a return‐to‐duty test with a result indicating an alcohol concentration of less than 0.02, or verified negative results for controlled substance use. See (J) (3) of this section. Follow‐up testing. Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the driver is subject to unannounced follow‐up alcohol and/or controlled substance testing as directed by a substance abuse professional. Follow‐up alcohol testing shall be conducted only while the driver is performing safety‐sensitive functions, just before or just after performing such safety‐sensitive functions or while the driver is in a state of readiness to perform safety‐ sensitive functions. Specimen collection procedures for controlled substance testing (1) Split specimen procedure for controlled substance testing. (a) This policy adopts and specifically incorporates by reference 49 CFR 40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs. City of Apple Valley Personnel Policy Manual Page 79 (b) The driver shall urinate into a specimen bottle that is capable of holding at least 60 ml. (c) The collection‐site person shall pour the urine into two specimen bottles. Thirty ml shall be poured into one bottle, to be used as the primary specimen. At least 15 ml shall be poured into the other bottle, to be used as the split specimen. (d) If the driver is unable to provide the appropriate quantity of urine, the collection‐site person shall instruct the driver to drink not more than 24 ounces of fluids and, after a period of no more than two hours, again attempt to provide a complete sample. If the driver is still unable to provide a complete sample, the testing shall be discontinued and the city notified. The MRO shall refer the driver for a medical evaluation to determine if the driver’s inability to provide a specimen is genuine or constitutes a refusal to test. For pre‐employment testing, the city may elect to not have the referral made and revoke the employment offer. (e) Both bottles shall be shipped in a single shipping container, together with copies 1, 2, and the split specimen copy of the chain of custody form, to the laboratory. (f) If the test result of the primary specimen is positive, the driver may request that the MRO direct that the split specimen be tested in a different DHHS‐certified laboratory for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the driver having been notified of a verified positive test result. (g) When the MRO informs the laboratory in writing that the driver has requested a test of the split specimen, the laboratory shall forward the sealed split specimen bottle and necessary documents, to a different DHHS‐approved laboratory. (h) The result of the test of the split specimen is transmitted by the second laboratory to the MRO. (i) If the result of the test of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, the MRO shall cancel the test, and report the cancellation and the reasons for it to the DOT, the city, and the driver. (2) Reporting and review of results for controlled substance testing. (a) Confirmation retest. The MRO shall notify each driver who has a confirmed positive test that the driver has 72 hours in which to request a test of the split specimen if the test is verified as positive. The driver is responsible for all costs associated with the confirmatory retest unless results are negative, in which case the city shall bear the cost up to $100. If the driver requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO, in writing, shall direct the laboratory to provide the split specimen to another DHHS‐certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, the city, and the driver. (b) Driver’s failure to contact MRO within 72 hours. If the driver has not contacted the MRO within 72 hours, the driver may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the driver from timely contacting the MRO. If the MRO concludes that there is a legitimate explanation for the driver’s failure to contact the MRO within 72 hours, the MRO shall direct the analysis of the split specimen, as applicable, be performed. (c) MRO unable to contact driver. If, after making reasonable efforts and documenting these efforts, the MRO is unable to reach the driver directly, the MRO must contact the designated city contact person, who shall direct the driver to contact the MRO. If the city contact person is unable to contact the driver, the driver may be placed on suspension. City of Apple Valley Personnel Policy Manual Page 80 (d) MRO may verify positive test. The MRO may verify to the city a positive test without having communicated directly with the driver about the test results under the following circumstances: 1. The driver expressly declines the opportunity to discuss the test results; 2. The driver has not contacted the MRO within five days of being instructed to do so by the city. Alcohol testing The FWHA alcohol test rules require breath testing administered by a breath alcohol technician (BAT) using an evidential breath testing device (EBT). Two breath tests are required to determine if a person has a prohibited alcohol concentration. Any result less than 0.02 alcohol concentration is considered a “negative” test. If the alcohol concentration is 0.02 or greater, a confirmation test must be conducted pursuant to 40 CFR 40.65. If the driver attempts and fails to provide an adequate amount of breath, the city will direct the driver to obtain written evaluation from a licensed physician to determine if the driver’s inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated city contact person. Data privacy All alcohol/controlled substances test results and required records shall be released only with the written permission of the individual except as provided by regulation or law including 49 CFR 382.405 and M.S. Chapter 13. Consequences for drivers engaging in prohibited conduct (1) Removal from safety‐sensitive functions. Except as provided in federal law, no driver shall perform safety‐ sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law or division (C) of this section or an alcohol or controlled substance rule of another department of transportation agency. (2) Prohibition of safety‐sensitive functions. The city shall not permit any driver to perform safety‐sensitive functions; including driving a commercial motor vehicle, if the city has determined that the driver has violated federal law or this policy. If the driver has an alcohol concentration of .02 to .04, however, the driver shall not perform safety‐sensitive functions until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following administration of the test. Action required by the regulations as the result of a positive drug test (such as removal from performing a safety‐sensitive function) is not stayed pending the result of the test of the split specimen. (3) Refusal to submit. If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the City Administrator or designee shall recommend to the City Council that the driver be discharged from employment on grounds of insubordination. In the case of a job applicant applying to drive for the city who refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. (4) Pre‐employment tests. The city will not withdraw an offer of employment or promotion to a driver position made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest (controlled substance only), the city will withdraw the contingent offer of employment or promotion to a driver position. (5) Other tests. The city will not discharge, discipline, discriminate against, or request or require rehabilitation of a driver solely on the basis of a positive test result from a screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest (controlled substances only), the city may do the following: (a) First positive test result. The city will follow the procedures contained in 34.37(H)(10)(a). (b) Second positive test result. The city shall follow the procedures contained in 34.37(H)(10)(b). City of Apple Valley Personnel Policy Manual Page 81 (c) Suspensions and transfers. Notwithstanding any other provisions herein, the city may temporarily suspend the tested driver with pay or transfer that driver to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest (controlled substances only), provided the city believes that it is reasonably necessary to protect the health or safety of the driver, co‐employees, or the public. (d) Other misconduct. Nothing in this policy limits the right of the city to discipline or discharge a driver on grounds other than a positive test result in a confirmatory test arising from the same or other incident, including, but not limited to a conviction of any criminal drug statute for a violation occurring in the workplace. Criminal penalties In addition to state statutes or city ordinances, criminal penalties shall be as prescribed by 49 USC 521(b)(2), which provides that an employee who knowingly and willfully violates the Omnibus Transportation Employee Testing Act while operating a commercial motor vehicle by activities that have led or could have led to death or serious injury is subject to the statutory criminal sanctions. Referral, evaluation and treatment. (1) Resource advisory. Each driver who engages in conduct prohibited by federal law and this policy shall be advised by the city of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs. (2) Evaluation by a substance abuse professional. Each driver who engages in conduct prohibited by federal law and this policy shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use. (3) Return‐to‐duty testing and assistance. (a) Before a driver returns to duty requiring the performance of a safety‐sensitive function after engaging in conduct prohibited by a federal law or this policy, the driver shall undergo a return‐to‐ duty alcohol test with the result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved a controlled substance. (b) In addition, each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use: 1. Shall be evaluated by a substance abuse professional to determine that the driver has properly followed any rehabilitation program prescribed under federal law and this policy; and 2. Shall be subject to unannounced follow‐up alcohol and controlled substance testing administered by the city following the driver’s return to duty. The number and frequency of such follow‐up testing shall be as directed by the substance abuse professional, and consist of at least six tests in the first 12 months following the driver’s return to duty. The city may direct the driver to undergo return‐to‐duty and follow‐up testing for both alcohol and controlled substances, if the substance abuse professional determines that return‐to‐duty and follow‐up testing for both alcohol and controlled substances is necessary for that particular driver. Any such testing shall be performed in accordance with requirements of 49 CFR 40. Follow‐up testing shall not exceed 60 months from the date of the driver’s return‐to‐duty. The substance abuse professional may terminate the requirement for follow‐up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary. City of Apple Valley Personnel Policy Manual Page 82 (4) Evaluation and rehabilitation. Evaluation will be provided by the city’s employee assistance program and paid for by the city. Any recommended participation in a counseling or rehabilitation program will be at the driver’s own expense or pursuant to coverage under an employee’s benefit plan. (5) Conflict of interest of substance abuse professional. The city shall ensure that a substance abuse professional who determines that a driver requires assistance in resolving problems with alcohol misuse or controlled substance use does not refer the driver to an organization in which the substance abuse professional has a financial interest. This subsection does not prohibit referring a driver for assistance provided through a public agency, the city or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the city, the sole source of therapeutically appropriate treatment under the driver’s health insurance program, or the sole source of therapeutically appropriate treatment reasonably accessible to the driver. (6) Inapplicability of section. The requirements of this section with respect to referral, evaluation and rehabilitation do not apply to applicants who refuse to submit to a pre‐employment alcohol or controlled substance test or who have a pre‐employment alcohol test with a result indicating an alcohol concentration of 0.04 or greater or a controlled substance test with a verified positive test result. Appeals procedure Disciplinary actions taken pursuant to this section implementing the Federal Omnibus Transportation Employee Testing Act and related regulations, may be appealed through procedures described in the collective bargaining agreement or employees not governed by a collective bargaining agreement may appeal pursuant to 34.29 of the city’s personnel chapter. Record retention (1) 49 CFR 382 is expressly incorporated by reference and the city shall comply with the record keeping and retention requirements contained therein. (2) This section implementing the Federal Omnibus Transportation Employee Testing Act is based upon final Federal regulations at the time of the adoption of this section. Any revisions in the federal rules shall take precedence over this section to the extent that the policy has not incorporated the revised rules. Contacts The city designated employer representative (DER) is Melissa Haas, Human Resources, 952‐953‐2548. This person is designated to receive communications and test results from service agents and is authorized to take immediate actions to remove employees from safety‐sensitive functions and to make required decisions in the testing and evaluation processes. This person is also responsible for coordinating the implementation, direction and administration of the Drug and Alcohol Testing policy. All questions concerning this policy should be directed to the contact person. Information regarding the collection services, testing laboratory, Medical Review Officer, and testing consortium is on file and available by contacting Human Resources. Good Faith Effort The City of Apple Valley will make a continuing good faith effort to maintain a drug free workplace through the implementation of the City of Apple Valley policy implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations. General Summary; Policy Modification This policy implementing the Federal Omnibus Transportation Employee Testing Act is based upon Federal regulations at the time of the adoption of this policy. This policy is intended to be a general summary of the law. Any revisions in the federal rules will take precedent over this policy. The city retains the right to modify this policy to conform to changes in regulation or law, or to make changes in the service providers to best suit the needs of the city. Where this policy conflicts, federal rules will prevail. City of Apple Valley Personnel Policy Manual Page 83 DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Accident. (1) Except as provided in subsection (2) of this definition, an occurrence involving a commercial motor vehicle operating on a public road which results in: (a) A fatality; (b) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; (c) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. (2) The term accident does not include: (a) An occurrence involving only boarding and alighting from a stationary motor vehicle; (b) An occurrence involving only the loading or unloading of cargo; or (c) An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in 571.3 of this title) by a motor carrier and is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 77.823 of this title. Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol Concentration (Or Content). The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this policy and federal regulations. Alcohol Use. The consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Appointing Authority. The City Administrator or other city officer to whom the Administrator has delegated authority to appoint or supervise personnel. BAT (Breath Alcohol Technician). An individual who instructs and assists individuals in alcohol testing process and operates an EBT. Chain of Custody. Procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures shall require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the laboratory. City or City of Apple Valley. The City of Apple Valley, Minnesota, acting through its City Administrator or designee of the City Administrator. Commerce. Both of the following: (1) Any trade, traffic or transportation within the jurisdiction of the United States between a place in a state and a place outside of such state, including a place outside of the United States; and (2) Any trade, traffic and transportation in the United States which affects any trade, traffic and transportation described in subsection (1) of this definition. City of Apple Valley Personnel Policy Manual Page 84 Commercial Motor Vehicle. A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: (1) Has a gross combination rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (2) Has a gross vehicle weight rating of 26,001 or more pounds; or (3) Is designed to transport 16 or more passengers, including the driver; or (4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations set forth under 49 CFR 172, subpart F. (5) A commercial motor vehicle does not include a fire truck or other emergency fire equipment. Confirmation Test. For alcohol testing it means a second test, following a screening test with a result of .02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing it means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique in chemical principle from that of the screen test in order to insure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.) Confirmatory Report. For controlled substances it means a third analytical procedure to reconfirm the presence of a specific drug or metabolite. If the test result of the primary specimen is positive the driver may request that the MRO direct the split specimen be tested in any different DHHS‐certified laboratory for presence of the drug(s). Consortium. An entity, including a group or association of employers or contractors, that provides alcohol or controlled substance testing as required by federal regulations, or other U.S. Department of Transportation alcohol or controlled substances testing rules, and that acts on behalf of the employers. Controlled Substance. Has the meaning assigned by 21 USC 802 and includes all substances listed on Schedules 1‐5 as they may be revised from time to time (21 CFR 1308). DHHS. The department of health and human services or any designee of the secretary of the department of health and human services. DOT Agency. An agency (operating administration) of the United States Department of Transportation administering regulations requiring alcohol and/or drug testing in accordance with 49 CFR 40. Driver. Any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: full‐ time, regularly‐employed drivers; part‐time and temporary drivers; leased drivers and independent owner/operator contractors who are either directly employed by or under lease to the employer or who operate a commercial motor vehicle at the direction of or with the consent of the employer. For the purposes of pre‐employment/pre‐duty testing only, the term DRIVER includes a person applying to the city for employment to drive a commercial motor vehicle. Drug. Any substance (other than alcohol) that is a controlled substance as defined in 49 CFR 382 and 49 CFR 40. EBT (Evidential Breath Testing Device). An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA’s Conforming Products List of Evidential Breath Measurement Devices. Employer. The City of Apple Valley, Minnesota, acting through its City Administrator or a designee of the City Administrator. FHWA. The Federal Highway Administration. City of Apple Valley Personnel Policy Manual Page 85 MRO. Medical review officer. A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program, who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver’s confirmed positive test result together with driver’s medical history and any other relevant biomedical information. Performing (A Safety‐Sensitive Function). A driver is considered to be performing a safety‐sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform, or in a state of readiness to perform any safety‐sensitive function while on duty. Reasonable Suspicion. Means that the city believes the appearance, behavior, speech or body odors of a driver are indicative of the use of a controlled substance or alcohol based on the observation of at least one supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. Refuse To Submit (To An Alcohol Or A Controlled Substances Test). A driver: (1) Fails to provide adequate breath for testing without a valid medical explanation after the driver has received notice of the requirement for breath testing in accordance with the provisions of this policy and federal regulation; or (2) Fails to provide adequate urine for controlled substances testing without a valid medical explanation after the driver has received notice of the requirement for urine testing in accordance with the provisions of this policy and federal regulation; or (3) Engages in conduct that clearly obstructs the testing process. Safety‐Sensitive Function. Any of the following: (1) All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched or in a state of readiness to drive and/or maintain a commercial motor vehicle, unless the driver has been relieved from duty by the city; (2) All time inspecting equipment as required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All driving time which shall mean all time at the driving controls of a commercial motor vehicle in operation; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, which shall mean a berth conforming to the requirements of federal regulations; (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (6) All time spent performing the driver requirements of the federal statutes related to accidents; (7) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle. Screening Test (Also Known As Initial Test). In alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate “negative” urine specimens from further consideration. State Of Readiness. A driver who is on call, ready to be dispatched, to perform safety‐sensitive functions while on duty. Substance Abuse Professional. A licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances‐related disorders. Supervisor. The person designated by the city to perform supervisory functions over the city’s drivers. Violation Rate. The number of drivers found during random tests given pursuant to this policy and federal regulations to have an alcohol concentration of 0.04 or greater, plus the number of drivers who refuse a random test required by this policy and federal regulations, divided by the total reported number of drivers in the industry given random alcohol tests pursuant to this policy and federal regulations, plus the total reported number of drivers in the industry who refuse a random test required by this policy and federal regulations. 6.8 Tobacco Use In addition to all city employees, this policy applies to firefighters, volunteers, contractors, applicants, and visitors. City of Apple Valley Personnel Policy Manual Page 86 The purpose of the tobacco use policy is to protect non‐users from the nuisance and toxic effects of smoke pollution; encourage users to reduce use of tobacco products while working for the city, in accordance with sound public health practice and medical evidence; and to present a clean and professional appearance to employees, visitors, and the public. POLICY Use of tobacco in any form is prohibited: (1) In any building or vehicle owned or leased by the city; (2) While conducting city business; and (3) In a personal vehicle while transporting another individual on city business. Tobacco may be used during regular break times in designated areas away from public view. Users of tobacco products must dispose of the remains in the proper containers. The regulations in this section relating to the use of tobacco product shall apply fully and to the same extent to the use of electronic delivery devices and nicotine and lobelia delivery products. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Tobacco. Any lighted or unlighted product including cigarettes, cigars, pipes, and chewing tobacco. Electronic Delivery Device. Any product, containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. The term electronic delivery device excludes any product that has been approved or certified by the United States Food and Drug Administration as a tobacco‐cessation product, as a tobacco‐dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. Nicotine and Lobelia Delivery Product. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product, that is not tobacco or an electronic delivery device. 6.9 LIFE Rewards This policy does not apply to part‐time or casual employees or elected officials. The L.I.F.E. (Lifestyles to Improve Fitness and Eating) Rewards Program is designed to promote employee fitness and health, as well as provide an incentive to improve overall health and wellness, thus leading to a more productive and safe work environment for all. POLICY The City of Apple Valley recognizes the importance of employee fitness and health as it relates to the overall work and life satisfaction of the employee and the overall impact on the city’s health insurance programs. The city supports the L.I.F.E. Rewards Program, but it is entirely dependent on administrative review and approval annually. No provisions of this policy, or its administration, shall be subject to review under the Employment Complaint Resolution policy. This program will be reviewed as deemed appropriate by the City Administrator. City of Apple Valley Personnel Policy Manual Page 87 PROCEDURES The Human Resources Manager will oversee the development and administration of the L.I.F.E. Rewards program and will determine the effective dates and specific program requirements. The program is voluntary and employees may choose to participate at any time during the program duration. The program will generally be based on a system of earning points for participation in healthy activities as outlined on the L.I.F.E. tracking card. Program credit will be awarded with proof of participation and/or on the honor system. Program credit is not transferable. If program credit is not redeemed, it will be forfeited. There is no program credit carryover. By meeting the program requirements, eligible program participants will earn paid leave time which must be used by December 31 of the following year in which it was earned. The maximum amount to be earned is 8 hours. The L.I.F.E. paid leave or any portion thereof cannot be used to calculate overtime in a workweek. Non‐exempt employees may take L.I.F.E. paid leave in hourly increments. Exempt employees must take the time in eight hour increments. There are no carryovers or cash compensation for unused L.I.F.E. paid leave. Use of L.I.F.E. paid leave is subject to supervisory pre‐approval. In addition to paid leave, the program may offer health promotion incentives such as exercise clothing and accessories. These items are considered “de minimus” compensation to employees and not subject to income tax. Fraudulent reporting of program credit is a violation of the program and will subject the participant to disciplinary action up to and including termination of employment. 6.10 Apple Core Training (ACT) Center This policy does not apply to casual employees. The City of Apple Valley promotes physical activity which supports healthy lifestyles for employees. POLICY The city has established the free on‐campus Apple Core Training (ACT) Center fitness room for use by eligible employees. The ACT Center is located in the lower level of the Municipal Center and is open 24 hours daily. In limited instances, parts of the ACT Center may be reserved for training or fitness classes. The ACT Center includes shower and locker room facilities and features cardio and weight equipment, free weights, kettle bells, resistance bands, open mat space, fitness balls, classes, and more. PROCEDURES An eligible employee must complete the ACT Center Waiver of Liability form in order to be granted access to the facilities. The completed form should be returned to Human Resources. ACT Center Rules Eligible employees must be age 18 or older to use the ACT Center. Visitors are not permitted. Instructors must be authorized by Human Resources and accompanied by a staff member. Use personal headphones to listen to television. Leave street shoes outside. Use equipment wet wipes to wipe down equipment after each use. City of Apple Valley Personnel Policy Manual Page 88 Use equipment only after instruction in proper use. Limit time on equipment if others are waiting for the same equipment. Lockers are for temporary use only. Remove personal items and locks after each use. Remove soap/shampoo/towels from the shower area after each use. Turn off lights, TV, and other equipment/devices if you are the last to leave. 7: COMMUNICATIONS AND INFORMATION TECHNOLOGY 7.1 Media Requests In addition to all city employees, this policy applies to firefighters, volunteers, and contractors. All city employees have a responsibility to help communicate accurate and timely information to the public in a professional manner. POLICY Requests for private data or information outside of the scope of an individual’s job duties should be routed to the appropriate department or to the data practices authority. Any employee who identifies a mistake in reporting should bring the error to the City Administrator or other appropriate staff. Regardless of whether the communication is in the employee’s official city role or in a personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc. With the exception of routine events and basic information that is readily available to the public, all requests for interviews or information from the media are to be routed through the City Administrator. No city employee is authorized to speak on behalf of the city without prior authorization from the City Administrator or designee. Media requests include anything intended to be published or viewable to others in some form such as television, radio, newspapers, newsletters, social media postings, and web sites. When responding to media requests, employees should follow these steps: If the request is regarding information about city personnel, potential litigation, controversial issues, an opinion on a city matter, or if an employee is unsure if the request is a “routine” question, forward the request to the City Administrator. An appropriate response would be, “I’m sorry, I don’t have the full information regarding that issue. Let me take some basic information and submit your request to the appropriate person, who will get back to you as soon as he/she can.” Then ask the media representative’s name, questions, deadline, and contact information. All news releases concerning city personnel will be the responsibility of the City Administrator. When/if the City Administrator authorizes a staff person to communicate on behalf of the city in interviews, publications, news releases, on social media sites, and related communications, the employee must: Identify themselves as representing the city. Account names on social media sites must be clearly connected to the city and approved by the City Administrator. Be respectful, professional, and truthful when providing information. In most cases, only factual information (not opinions or editorial comments) should be provided: “The city finished street cleaning on 16 streets in the northwest corner of the city this past week” instead of “The city is doing a great job with street cleaning this year!” Corrections must be issued when needed. City of Apple Valley Personnel Policy Manual Page 89 Generally not include personal opinions in official city statements. One exception is communications related to promoting a city service. For example, an employee could post the following on the city’s Facebook page: “My family visited Hill Park this weekend and really enjoyed the new band shelter.” Employees who have been approved to use social media sites on behalf of the city should seek assistance from the City Administrator or designee on this topic. Notify the City Administrator if they will be using their personal technology (cell phones, home computer, cameras, etc.) for city business. Employees should be aware that the data transmitted or stored may be subject to the Minnesota Government Data Practices Act. 7.2 Personal Communications and Use of Social Media In addition to all city employees, this policy applies to firefighters, volunteers, and contractors. It is important for city employees to remember that the personal communications of employees may reflect on the city. The City of Apple Valley respects employees and agents’ rights to post and maintain personal web sites, blogs and social media pages and to use and enjoy social media on their own personal devices during non‐work hours. The city requires employees to act in a prudent manner with regard to web site and internet postings that reference the City of Apple Valley, its personnel, its operation, or its property. POLICY The following guidelines apply to personal communications, including various forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), letters to the editor of newspapers, and personal endorsements: Employees and agents and others affiliated with the city may not use a city brand, logo, or other city identifiers on their personal sites, nor post information that purports to be the position of the city without prior authorization. Remember that what you write or post is public, and will be so for a long time. It may also be spread to large audiences. Use common sense when using email or social media sites. It is a good idea to refrain from sending or posting information or photos that you would not want your boss or other employees to read, or that you would be embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of violence, discrimination, or retaliation that would not be permissible in the workplace is not permissible between co‐workers online, even if it is done after hours, from home and on home computers. The City of Apple Valley expects its employees to be fair, courteous, and respectful to supervisors, co‐ workers, citizens, customers, and other persons associated with the city. Avoid using statements photographs, video, or audio that could reasonably be viewed as malicious, obscene, threatening or intimidating, disparaging, or might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of sex, race, national origin, age, color, creed, religion, disability, marital status, familial status, veteran status, sexual orientation, gender identity, or gender expression, status with regard to public assistance or membership or activity in a local commission. City employees and agents shall not identify themselves as city employees when responding to or commenting on blogs with personal opinions or views. City resources, working time, or official city positions shall not be used for personal profit or business interests, or to participate in personal political activity. Personal social media account name or email names shall not appear to be tied to the city (e.g., "AppleValleyCop"), without prior approval by the City Administrator. Occasional access to personal social media web sites during work hours is permitted, but employees and agents must adhere to the guidelines outlined in the city’s Information Technology policy, Respectful Workplace policy, and any other applicable city policy. City of Apple Valley Personnel Policy Manual Page 90 There may be times when personal use of social media (even if it is off‐duty or using the employee’s own equipment) may spill over into the workplace and become the basis for employee coaching or discipline. Examples of situations where this might occur include, but are not limited to: o Friendships, dating, or romance between co‐workers o Cyber‐bullying, stalking, or harassment o Release of confidential or private data (if there are questions about what constitute confidential or private data, contact the City Clerk) o Unlawful activities o Misuse of city‐owned social media o Inappropriate use of the city’s name, logo or the employee’s position or title o Using city‐owned equipment or city‐time for extensive personal social media use Each situation will be evaluated on a case‐by‐case basis because the laws in this area are complex. If you have any questions about what types of activities might result in discipline, please discuss the type of usage with your supervisor or Human Resources. 7.3 Use of City Social Media Assets In addition to all city employees, this policy applies to firefighters, volunteers, and contractors. This policy applies to any existing or proposed social media web sites sponsored, established, registered or authorized by the City of Apple Valley. This policy also covers the private use of the city’s social media accounts by all city representatives, including its employees and agents, council members, appointed board or commission members and all public safety volunteers to the extent it affects the city. Questions regarding the scope of this policy should be directed to the Assistant City Administrator. Social networking in government serves two primary functions: to communicate and deliver messages directly to citizens and to encourage citizen involvement, interaction, and feedback. Information which is distributed via social networking must be accurate, consistent, and timely and meet the information needs of the city’s customers. Since social media is used for social networking, this policy seeks to ensure proper use of the City of Apple Valley’s social media sites by its representatives. The City of Apple Valley wishes to establish a positive and informative social media presence. City representatives have the responsibility to use the city’s social media resources in an efficient, effective, ethical and lawful manner pursuant to all existing city and departmental policies. This policy also provides guidelines and standards for city representatives regarding the use of social media for communication with residents, colleagues and all other followers. POLICY The City of Apple Valley will determine, at its discretion, how its web‐based social media resources will be designed, implemented, and managed as part of its overall communication and information sharing strategy. City social media sites may be modified or removed by the city at any time and without notice, as described in this policy. City social media accounts are considered a city asset and administrator access to these accounts must be securely administered in accordance with the city's Information Technology policy. The city reserves the right to shut down any of its social media sites or accounts for any reason without notice. All social media web sites created and utilized during the course and scope of an employee’s performance of his/her job duties will be identified as belonging to the City of Apple Valley. City of Apple Valley Personnel Policy Manual Page 91 Rules of Use City employees and agents with administrator access are responsible for managing social media web sites. Facilities or departments wishing to have a new social media presence must initially submit a request to the Assistant City Administrator in order to ensure social media accounts are kept to a sustainable number and policies are followed. All approved sites will be clearly marked as the City of Apple Valley site and will be linked with the official city web site (www.ci.apple‐valley.mn.us). No one may establish social media accounts or web sites on behalf of the city unless authorized in accordance with this policy. Administration of all social media web sites must comply with applicable laws, regulations, and policies as well as proper business etiquette. City social media accounts accessed and utilized during the course and scope of an employee’s performance of his/her job duties may not be used for private or personal purposes or for the purpose of expressing private or personal views on personal, political or policy issues or to express personal views or concerns pertaining to city employment relations matters. No social media web site may be used by the city or any city employee or agent to disclose private or confidential information. No social media web site should be used to disclose sensitive information. If there is any question as to whether information is private, confidential or sensitive, contact the City Clerk. When using social media sites as a representative of the city, employees and agents will act in a professional manner. Examples include but are not limited to: Adhere to all city personnel and computer use policies Use only appropriate language Be aware that content will not only reflect on the writer but also on the City of Apple Valley as a whole, including elected officials and other city employees and agents. Make sure information is accurate and free of grammatical errors. Do not provide private or confidential information, including names, or use such material as part of any content added to a site. Do not negatively comment on community partners or their services, or use such material as part of any content added to a site. Do not provide information related to pending decisions that would compromise negotiations. Be aware that all content added to a site is subject to open records/right to know laws and discovery in legal cases. Always keep in mind the appropriateness of content. Comply with any existing code of ethical behavior established by the city. Where moderation of comments is an available option, comments from the public will be moderated by city staff with administrative rights, before posting. Where moderation prior to posting is not an option, sites will be regularly monitored by city staff. City of Apple Valley staff with administrative rights will not edit any posted comments. However, comments posted may be removed or hidden if they are abusive, obscene, defamatory, in violation of the copyright, trademark right or other intellectual property right of any third party, or otherwise inappropriate or incorrect. The following are examples of content that may be removed by city staff before or shortly after being published: Potentially libelous comments Obscene or racist comments City of Apple Valley Personnel Policy Manual Page 92 Personal attacks, insults, or threatening language Plagiarized material Private, personal information published without consent Comments totally unrelated to the topic of the forum Commercial promotions or spam Hyperlinks City Property and Data All social media communications or messages composed, sent, or received on city equipment in an official capacity are the property of the city. The City of Apple Valley also maintains the sole property rights to any image, video, or audio captured while a city employee is representing the city in any capacity. Content of social media is subject to the Minnesota Government Data Practices Act. This law classifies certain information as available to the public upon request. The city retains the right to monitor employee’s social media use on city equipment and will exercise its right as necessary. Users should have no expectation of privacy. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Social Media. Internet and mobile‐based applications, web sites and functions, other than email, for sharing and discussing information, where users can post photos, video, comments and links to other information to create content on any imaginable topic. This may be referred to as “user‐generated content” or “consumer‐generated media.” Social media includes, but is not limited to: Social networking sites such as Facebook, LinkedIn, Twitter, and online dating services/mobile apps Blogs Social news sites such as Reddit and Buzzfeed Video and photo sharing sites such as YouTube, Instagram, SnapChat, and Flickr Wikis, or shared encyclopedias such as Wikipedia An ever‐emerging list of new web‐based platforms generally regarded as social media or having many of the same functions as those listed above Employees and agents. All city representatives, including its employees and other agents of the city, such as contractors or elected officials. 7.4 Information Technology In addition to city employees, this policy applies to firefighters, volunteers and contractors, who have access to or use the City of Apple Valley Information Technology (IT) systems on and/or off city property. POLICY It is the City of Apple Valley’s policy to establish standards for appropriate Information Technology (IT) usage and protect the city’s IT systems from business interruption, unauthorized or inappropriate access, and maintain security. City of Apple Valley Personnel Policy Manual Page 93 IT systems include, but are not limited to, city‐owned computers, email, internet, printers, software, telephone, voicemail, mobile communications devices, and others. Discipline Employees engaging in such activity that violates the terms of this policy may be subject to disciplinary action, up to and including termination of employment. Auditing The City of Apple Valley reserves the right to monitor and audit use of its IT systems at any time without user’s consent. Reporting Users should notify their immediate supervisor, department head, the IT Manager, the Human Resources Manager, or the City Administrator upon learning of violations of this policy. Expectation of Privacy As a government agency, the city is subject to public disclosure laws. All files and documents, including e‐mail messages and Internet logs, are owned by the city and may be subject to requests under public records law. Users should have no expectation of privacy. Access All users must be authorized to use city IT systems through the user’s department head and IT. Hardware and Software Acquisition for City Owned IT Systems The IT Manager must approve all hardware and software prior to acquisition to ensure consistency with the design and architecture of the city's IT network. Users are prohibited from downloading, installing, or acquiring hardware and software, including product demonstrations, without prior approval from the IT Manager. Software applications not required for official city business are strictly prohibited. The IT Manager may allow exceptions for users to install apps on mobile communications devices. Installation, Downloads, and Configuration No user will be allowed to manipulate hardware and software standard configurations. The IT department, or designee, must always be contacted for hardware and software support. Users are not allowed to change the computer setup or configuration files. Customization of city‐owned software such as wallpaper, screen savers, icons, toolbars and colors, may be allowed for personal preference inasmuch as it doesn’t interfere with normal computer operations or with other users’ settings. Users are prohibited from downloading or installing any software through the Internet, e‐mail, and/or vendor demonstrations without prior approval from the IT department. Licensing To ensure license compliancy, all software must be purchased by and licensed to the city. Development: Any software programs (e.g., custom designed Microsoft Access databases), developed for use by the city becomes the property of the city. Software programs may not be sold or distributed without prior approval. Home: City‐owned software may not be installed on non‐city owned equipment unless there is prior approval of department head and IT Manager. City of Apple Valley Personnel Policy Manual Page 94 Copyright Laws: City users are required to abide by software and documentation copyright laws and licensing agreements. If there is any question about the legality of the software and documentation, it should be directed to the IT Manager. At no time should any user make copies of city‐owned software and documentation. To prove legal ownership of software, the city must have the original media and manuals stored on city property. The IT Manager may periodically check for software that may be in violation of the above policy. Data Management and Protection Under the provisions of the Minnesota Data Practices Act, all data classified as city data, regardless of where it is stored, is considered to be owned by the city. This data is subject to the Minnesota Data Practices Act and its use and dissemination is consistent with the data classification under the Minnesota Data Practices Act. This data is also subject to review and investigation at the discretion of the City Administrator, Human Resources, department heads, IT Manager, and/or law enforcement. The City Clerk should be contacted with questions regarding the classification of public and private data. Data Ownership: All information developed or introduced to a city technology system by a user in conjunction with employment with the city is the property of the city. Data Storage: All city data must be saved to a network drive on a city server. Users are responsible for deleting outdated files that are no longer needed for the compliancy of the City Records Retention Schedule; this includes data files and e‐mail messages. The City Clerk should be contacted with questions regarding the City Records Retention Schedule. Users should not store city data on privately‐owned mobile communications devices. Any city data created or modified on a mobile communications device should be transferred onto a city server. Data Back‐up: The IT department backs up all data stored on the file servers. Workstation hard drives or any other devices are not backed up. Portable files: To facilitate off‐site work, users may copy appropriate files, including word processing, spreadsheets, and presentation graphic files to and from removable media, such as flash drives, CDs, or to mobile communication devices. No other files or information may be copied to or from the city computers. A current copy of the portable file(s) must be maintained on the city server. File and File Folder Password Protection: Because the city is responsible for ensuring access to its data, the city requires the ability to access city files or data that may be only accessible through a password created a by an employee. If any software product that the city has purchased has the option to allow users to have individual files password protected, the password must always be shared with the appropriate management personnel. If the city has purchased access to a service on‐line that includes granting of user rights, appropriate administrator login credentials must be shared with appropriate management personnel. Portable Information Systems Portable laptop computers, tablets, digital cameras, projectors, and other city‐owned portable equipment may be used for city business within or outside of city facilities. When users check out portable equipment they are expected to provide appropriate protection against theft, accidental breakage, environmental damage and other risks. Desktop computers and attached devices are not to be removed from city buildings. The user is responsible for the backup of or loss of any data stored on the standalone or portable computer. IT staff is available to assist in the development of procedures for disaster recovery of portable units. Documents stored or accessed from portable information systems containing sensitive or private data must be password protected or otherwise secured on the equipment in accordance with IT approved practices. Further policies for city‐owned or privately‐owned mobile communications devices are found in the Wireless Communications Device and Phone Policy. City of Apple Valley Personnel Policy Manual Page 95 Non‐City Owned Equipment Use of non‐city owned mobile communications devices may be utilized only to the extent that these devices are not connected to the city’s internal network, systems, or computers, except for special purposes pre‐approved and arranged by the IT department on a temporary basis. For further details, see the Wireless Communications Device and Phone Policy. Electronic Mail (e‐mail) The city e‐mail system is a tool to be used for matters directly related to the business activities of the city and as a means to provide services that are efficient, accurate, timely, complete, legal and appropriate, subject to Section XVIII Personal Use. E‐mail messages are subject to regulation under the Minnesota Data Practices Act. The content of the message determines whether a message is public or non‐public/private. E‐mail is intended as a medium of communication, not for information storage; therefore, e‐mail should not be used for the permanent storage or maintenance of official city records or other city information. Inappropriate use of the city e‐mail system includes, but is not limited to the transmission, access or receipt of: Non‐business audio, video or image files (including streaming audio and video, MP3, Jpg, Tif, Gif, Mpg, AVI, etc.); Software programs or executables; Chain letters; Offensive, sexually explicit or pornographic material; Intolerance, hate, violence, or tasteless material; Copyrighted material or large data files not directly related to City of Apple Valley business. The use of e‐mail for these purposes is strictly prohibited. If a user receives an unsolicited e‐mail that falls within these prohibited categories, the user must immediately delete it. If the activity continues, the user must notify the IT Manager and their supervisor. The city retains the right to monitor, track and restrict all e‐mail activity. Software may be employed to reduce the delivery of junk e‐mail, including e‐mails that contain profanity, sexually explicit or adult content material, or material which otherwise may be deemed inappropriate or non‐business oriented. Internet The internet is available to users for research, education, and communications directly related to the mission, goals/objectives, or work tasks of the city, subject to Section XVIII Personal Use. Access to the internet will be determined by department management. Use of the internet through city computers is a privilege, not a right, which may be revoked at any time for inappropriate and/or abusive conduct. Users of the internet should minimize unnecessary network traffic that might interfere with the ability of others to make effective use of this shared network resource. Users are responsible for adhering to city standards when browsing the Internet. Failure to adhere puts the city and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. Inappropriate use of the city’s internet services includes, but is not limited to the transmission, access or receipt of: Offensive, sexually explicit or pornographic material; Intolerance, hate, violence, or tasteless content; Games or gambling; Non‐business related chat or instant messaging; City of Apple Valley Personnel Policy Manual Page 96 Unauthorized downloads, proxies, or peer‐to‐peer networking. The use of the internet for these purposes is strictly prohibited. The city retains the right to monitor, track and restrict all internet activity. Intranet The City of Apple Valley’s intranet is an internal web site for use exclusively by employees. The site is accessible by employees within city premises for business‐related purposes to foster communication, enhance customer service and information‐flow. Access to and within the intranet shall be determined by department management. Intranet usage is governed by the same guidelines as internet use. Prohibited Use Use of city IT systems, including but not limited to internet, intranet, and e‐mail, is strictly prohibited at all times for the following: Illegal, criminal, or unethical activities; Profit or commercial activities; Gambling, wagering, or selling chances; Transmitting, accessing or receiving threatening, pornographic, obscene or harassing material; Transmitting, accessing or receiving chain letters; Fund‐raising or charitable solicitations, except for city approved activities; Transmitting, accessing or receiving software programs or executables, non‐business audio, video or image files, copyrighted material, or large data files not directly related to city business; Political or religious promotion; Access resulting in unauthorized expense to the city; Activities that interfere with or disrupt network users, services or equipment, including mass distribution of messages, intentional distribution of viruses, or seeking unauthorized access to other computers or systems; Any other public office or employment which is incompatible with city employment responsibilities, as determined by the City Administrator. Personal Use The City of Apple Valley offers users the privilege of limited personal use of its technology. Recognizing that users will benefit from practice using technology, personal use is allowed using the following guidelines listed below: IT systems may be used for occasional, incidental personal use as long as it does not interfere with the normal duties of the employee. Only city employees are to use the computers and computer related peripherals. No personal files or data are to be stored on the city file servers. Users must not use IT systems for items listed above in Prohibited Use. E‐mail: E‐mail may be used for incidental personal correspondence, as long as it does not interfere with the normal duties of the employee and the above guidelines are followed. Using e‐mail to participate in any kind of non‐ business related list‐serve or broadcast mailing is prohibited. Users shall have no expectation of delivery or receipt of non‐business related e‐mail. City of Apple Valley Personnel Policy Manual Page 97 Internet: Internet access may be used for occasional, incidental personal use as long as it does not interfere with the normal duties of the employee and the above guidelines are followed. Desk Telephones: Desk telephones may be used for personal use as long as it does not interfere with the normal duties of the employee and the above guidelines are followed. Personal long distance toll calls are prohibited on city‐ owned phones. Cellular Telephones: Policies for city‐owned or personal mobile communications devices are found in Appendix 2: Wireless Communications Device and Phone Policy. Copiers, Printers, Fax Machines: Users are granted limited, incidental use of photocopiers, printers, and fax machines as long as it does not interfere with the normal duties of the employee and the above guidelines are followed. Computer and Network Logins and Passwords All users must use and maintain unique IT‐issued login IDs for computer and network‐related access. Login IDs are not to be shared with others, and corresponding passwords must remain confidential. Multi‐user or generic login IDs are permissible only in special circumstances approved and maintained by IT. Users are prohibited from saving their password credentials with the computer or device such that the city’s network accounts are accessed through an automated login unless the device itself is password protected or otherwise secured by an IT‐approved security method. The city must conform to adopted security practices, including password requirements, as governed by LOGIS and/or state and federal government guidelines. All users are required to follow password requirements as defined in Appendix 1, Network Password Requirements. Appropriate network access shall be assigned by the IT department to each user login ID, and users may only log into computers and equipment with their assigned login ID. User login ID passwords are not to be shared with anyone, and will be forced to change periodically. New passwords should not be easily guessed. Anyone forgetting their password, or suspecting that their password’s security has been compromised, must contact the IT department to be issued a new one, which will then be changed immediately. Physical Security City users are expected to provide reasonable security to their computer workstations and related IT equipment. This includes ensuring that passwords are not written down in accessible places, removable media must be kept in a secured area, and that confidential data is not displayed in such a manner that unauthorized personnel can access it. Users may not move IT equipment outside of its assigned area without prior approval from the IT department. Portable equipment must be reserved and checked out only to city users. Users are expected to provide appropriate protection against theft, breakage, environmental damage, and other risks. Users are required to log off computer workstations when absent for an extended time, such as end of day. Users may, however, “lock” their workstation instead when absent for a short period of time, such as during a meeting or over lunch. Security policies for city‐owned or personal mobile communications devices are found in Appendix 2: Wireless Communications Device and Phone Policy. Virus Protection All computer workstations, laptops, and servers must be protected from viruses using up‐to‐date antivirus software. Users may not alter their system’s configuration or take other steps to defeat virus protection devices or systems. All files on removable media must be scanned for viruses prior to installation onto or access from city computer equipment. Any files suspected or known to contain viruses must be immediately reported to the IT department for proper handling. City of Apple Valley Personnel Policy Manual Page 98 Remote Network Access Remote access is defined as the ability to connect to a computer or network from a distance, such as from home, hotel, conference, Internet kiosk, etc. Remote access into the city’s network may be granted upon meeting the following conditions: Business‐related purpose approved by requesting department head and IT Manager. Use of industry standard encryption and/or city supported VPN (Virtual Private Network) technology. Authentication and access control will be maintained by the IT department. Valid network login and passwords are required. While remotely connected, nobody but the authorized user may have access to the computer making the connection. Remote computer must comply with current anti‐virus and security parameters as specified by the IT department. Additional policies for remote network access by city‐owned or personal mobile communications devices are found in the Wireless Communications Device and Phone Policy. All remote users are subject to the rules and regulations set forth in this entire policy for all network users. Users should follow proper data practices protocols as directed by the Minnesota State Statutes. Storing of business related information on a home computer creates an extension of the city’s network; thus anything stored on that computer, might be subject to public data requests. Wireless Access Unauthorized wireless access into the city’s computer network is strictly prohibited. Users may not attempt to scan, connect to, or install any wireless computing device on city equipment or property. Wireless access must be authorized and configured by the city’s IT department. Any authorized wireless access must utilize standards‐based encryption, and conform to adopted security practices as governed by LOGIS and/or state and federal government guidelines. The city offers limited authorized use of wireless access for both employees, as necessary, and non‐employees (guests) as a convenience. Access to this wireless network by guests is governed by a separate use policy presented upon connection or upon request for login credentials. All users of the city’s wireless network must comply with this usage policy, however access is not guaranteed. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Configuration. The way a system is set up or the assortment of components that make up the system. Configuration can refer to either hardware or software or the combination of both. Downloads. To copy data, usually an entire file, from a main source to a computer device, such as from the internet or online service to a computer. Electronic Mail (e‐mail). A network application that allows users to exchange messages over communications networks with someone else. File Server. An enhanced computer with network operating software that is used for file storage, application functionality, and managing network resources. Information Technology Systems. Includes, but not limited to, computers, printers, software, e‐mail, Internet, telephone, voice mail, and others. Internet. A global network connecting millions of computers. City of Apple Valley Personnel Policy Manual Page 99 Intranet. Network base access accessible only within an organization. An intranet‘s web sites look and act just like any other web site, but firewall security restricts unauthorized access. Installation. The process of connecting and configuring hardware or software. Local Area Network (LAN). A computer network. Licensing. Legal compliancy of assets. Mobile Communications Devices. Mobile devices that have the ability to communicate with the Internet, city networks, or other communications systems including laptop computers, tablets, cell phones, and smart phones. Peripherals. A computer device, internal or external, such as a CD‐ROM drive, printer, mouse, that is not part of the essential computer. Software. System software includes the operating system and all utilities that enable the computer to function. Application software includes programs that do real work for users (e.g., word processors, spreadsheets, and database management systems). Portable Equipment. Hardware that is small, lightweight, and non‐stationary (e.g., laptop computers, hand‐held computers, tablets, projectors, digital cameras). Users. Regular, part‐time, and temporary employees, vendors, consultants, volunteers, elected officials, interns and other. VoIP. Voice over Internet Protocol, a category of hardware and software that enables people to use the Internet as the transmission medium for telephone calls by sending voice data in packets. 7.5 Wireless Communication Devices and Phones This policy applies to all City of Apple Valley mobile communication device users, including city employees, firefighters, volunteers and contractors. This policy covers city‐issued communication devices and use of privately‐owned personal mobile communication devices for city business. This policy does not apply to wireless devices physically connected to buildings, vehicles, or other infrastructure that serve as part of the city’s network infrastructure, including the Supervisory Control and Data Acquisition (SCADA) System, that are not assigned to individuals. POLICY Customer expectations for prompt resolution of questions or service concerns often require the use of wireless communications devices including cellular or smartphones by city officials. Efficient participation in meetings or work from multiple locations may require the use of wireless network access devices by employees or elected officials (hereafter referred to as mobile communications device users). The purpose of this policy is to outline the reasons for 1) providing a city‐issued phone; 2) allowing access to a city network through a privately‐owned mobile communications device; and 3) providing a stipend for use of personal cellular phone/ smartphone or mobile device. Mobile communications device users who: 1) must remain accessible due to the nature of their job duties; 2) must be available for emergency response or consultation; 3) have job duties that require receiving work communications remotely; or 4) require wireless network access for city duties may be eligible for a city‐issued device or participation in one of the city’s offered stipends defined in this policy. City of Apple Valley Personnel Policy Manual Page 100 Section 1: General Provisions for City‐Issued and Personal Devices Used for City Business The city retains the right to monitor and enforce network security through a mobile device management system. The mobile device management system may require installation of an app or other software on the mobile communications device. In the event that a communications device is damaged, lost, or stolen, the mobile communications device user is responsible for notifying their immediate supervisor and the IT Division as soon as possible. If a stipend is involved, the mobile communications device user is responsible for notifying the HR Division as soon as possible. In the event of a reported damaged, lost, or theft of a device or upon replacement of a device or when an employee is no longer employed by the city, the IT Division reserves the right to remotely remove all city data and/or city information such as contacts, tasks, or applications. The city is not responsible for any lost personal data. Mobile communications device users shall maintain a password, PIN code protected, photo‐password, biometric, or other IT‐approved security access protocol on any city‐owned or personally‐owned smartphone or mobile device. Mobile communications device users are responsible for ensuring the proper elimination of city data, including city network passwords and photos from personal devices before disposal. A mobile communications device user’s use of the device is subject to data practices and data retention requirements under Minnesota law. The mobile communications device user is responsible to upload or transfer any data obtained in the conduct of city business from the device to the appropriate storage medium for the data within the city’s network. The Prohibited Use section of the city’s Information Technology Policy applies to use of city‐owned wireless devices. The Prohibited Use section of the city’s Information Technology Policy also applies to use of personal devices for city business or when a mobile communications device user would be reasonably expected to be conducting city business. The City of Apple Valley has no expectation for non‐exempt employees to check or respond to emails or messages during non‐work hours. A non‐exempt employee shall not be authorized to incur hours worked or overtime for using email or logging into the city’s network outside their normally scheduled work hours, unless explicitly requested by the employee's supervisor. The city discourages use of cell phones (city‐issued or personal) while operating a motor vehicle. Mobile communications device users are encouraged to place and answer calls prior to engaging a motor vehicle, or during a break from operation of the motor vehicle. In some jurisdictions, laws may prohibit the use of cell phones while operating a motor vehicle. It is the city’s expectation that mobile communications device users will abide by all applicable laws. Mobile communications device users using city‐owned devices or connecting personal devices to the city’s non‐public networks shall sign the relevant waiver forms prior to obtaining network access credentials for the device. In order to receive an access key for a non‐public network, the city may require the mobile communications device user to provide an e‐mail address associated with the device. Section 2: City‐Provided Smartphone/Cellular Phones and Mobile Data Devices The city may provide and maintain mobile data devices for mobile communications device users requiring mobile access to data. The city may provide and maintain smartphones/cellular phones and/or mobile data devices for certain eligible employees, if approved by their department head and approved by the City Administrator. In general, the following criteria will be used to determine eligibility. The position requires the ability to respond to business requests on a regular basis. The position requires the employee to frequently work off‐site during business hours or on an on‐call basis. Position job duties require immediate or emergency response during regular business hours and after business hours. Position job duties require frequent access of wireless networks outside of the office environment City of Apple Valley Personnel Policy Manual Page 101 City‐issued communication devices are for dedicated business use. Incidental personal calls or texts on city‐issued devices will be acceptable. Frequent personal use that interferes with an employee’s job functions is prohibited. Personal use may be considered excessive if it causes the city to increase its allotted minutes or payment plan for that department. Frequent personal use, regardless of time of use, may result in reimbursement to the city of any cost associated with personal use. The service and city‐owned equipment should be procured through appropriate available government procurement practices. Work‐related applications may be purchased for a city‐owned device with prior approval by the department director. Applications that negatively interact with the city‐owned device or with the city’s network are prohibited on city‐ owned devices. All devices remain city property and shall be returned to the city upon termination of employment, upon end of term of office, or if the device is no longer necessary for work‐related purposes. The purchase of city‐owned devices must be done either through the IT Division or in consultation with the IT Division to ensure the device is currently supported by the IT Division. Cellphone, smartphone and other mobile data devices are purchased, installed, maintained and owned by the City of Apple Valley to facilitate business communications. The contents of communications either made or stored are accessible at all times by city management. These systems shall be treated like other shared filing systems. All electronic communications on city‐owned devices are city records. The contents may be obtained and disclosed without your permission. Therefore, the user should not assume that messages are either private or confidential. Section 3: Personal Mobile Data and Smartphone Devices Allowance If approved by their department head and approved by the City Administrator, a stipend may be provided for privately‐owned personal mobile data devices (including smartphones) that are purchased by the mobile communications device user and used for city business. Business necessity includes meeting customer or client service expectations in a timely fashion; need for immediate communication with department staff or others where employee job requirements take the employee outside of primary work area; need for access to data or phone communications on properties where wired access is not available; or job duties support 24x7 business infrastructures and require immediate response(s) to urgent communication needs. Availability An employee receiving a stipend for a smartphone device must make the phone number available to his or her supervisor, the IT Division, and emergency contacts and Emergency Operations Plan (EOP) call list if the employee is a designated EOP contact. Licensing Each data device syncing with city communications systems requires a Client Access License to be procured by the city. Repair and Maintenance Mobile communications device users receiving a stipend for a communications device are personally responsible for ensuring the device is in good working order. The IT Division is not responsible for upkeep, support or replacement of personal devices that are used for city business. IT support will be limited to instructions for the mobile communications device user on how to sync email, schedules, and tasks (if available), and use of city‐supplied security products (if available). The city assumes no liability for any direct or indirect damages arising from the user’s use of personal data device. City of Apple Valley Personnel Policy Manual Page 102 Connecting a personal device to the city’s network opens the city’s network to security vulnerabilities. Mobile communications device users connecting a personal device to the city’s network are responsible for taking appropriate steps to keep their device operating systems current and updated and to protect their connected devices from virus, malware, and security threats. The city reserves the right to deny connection to the network for any personal devices the IT Manager deems to be a significant security risk to the city’s network or resources. If an application on a personal device is found to negatively interact with the city’s network, the city may prohibit connection of that device to the city’s network until the application is removed. Stipends Stipends will be on a tiered basis based on each department’s determination of appropriate need for the employee with the device: Tier Description Monthly Amount Tier #1 Limited Use Need (Voice and Text Only) $20 Tier #2 Wi‐Fi Data Need Only $30 Tier #3 Voice, Text, and Data Need $50 An employee must submit a Request for Stipend form to his or her supervisor to approve the payment of a stipend. Department directors will determine if a city‐owned device or stipend will be provided for an employee. All payments are subject to the approval of the City Administrator and may be eliminated if job duties change such that the above criteria are no longer met. Departments should review employee needs for communications devices annually. Compliance with Internal Revenue Service (IRS) Regulations Stipend payments by the city are considered a taxable benefit and will be included as taxable income to the recipient. Work‐Related Applications Work‐related applications may be purchased by the city and used on a personally‐owned device with prior approval by the department head or City Administrator. Interference with Job Duties Department heads may prohibit employees from carrying their own personal devices during working hours if it interferes with the performance of their job duties. Section 4: Responsibility An employee who is found to be in violation of this policy may be subject to disciplinary action, up to and including termination of employment. 7.6 City Web Site The City of Apple Valley provides a web site as a convenient way for the public to access information about the city and the services it provides. In addition to all city employees, this policy applies to firefighters, volunteers, contractors, and city web site users. City of Apple Valley Personnel Policy Manual Page 103 POLICY Disclaimer / Accuracy The City of Apple Valley will make reasonable efforts to ensure the accuracy of the information provided in the web site. However, neither the city, nor any department, officer, or employee of the city warrants the accuracy, reliability or timeliness of any information published by this system, nor endorses any content, viewpoints, products, or services linked from the system, and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from the system does so at his/her own risk. Due to the possibility of unauthorized access to the site, data transmission errors, changes to source material made since the last update to the site, or other human or mechanical errors, the information contained on the web site should not be deemed reliable for legal purposes. In addition, changes may have been made since the last modification of the web site. Web site visitors should contact the city to verify the accuracy of the information. External Links Some links are external to the city's web site. The city cannot attest to the accuracy of information provided by linked sites. Linking to a web site does not constitute an endorsement by the city, or its employees, of the sponsors of the site or the products presented on the site. It is the policy of the City of Apple Valley to limit these external links to other government web sites; to entities under contract with the city to provide data to the public; and to entities co‐ hosting community celebrations. The City of Apple Valley is not responsible for the content, quality, accuracy, or completeness of any offsite materials referenced by or linked through the city's web site. In addition, the city reserves the right, at any time and without notice, to: Deny a link that does not meet the criteria set forth in this policy; Deny or discontinue an external link at any time; Revise this policy without prior notice when the city considers such revision to be in its best interests. Online Calendar The City of Apple Valley provides an online calendar of city events as a convenient way for the public to access information about City of Apple Valley meetings; Parks and Recreation activities, programs, and classes; and other city sponsored special events. The calendar may link to external web sites in an effort to provide additional information about some events. The provision of these links should not be construed as an endorsement or sponsorship of these external web sites. The City of Apple Valley is not responsible for the content, quality, accuracy, or completeness of any offsite materials. Online calendar content may include: Programs and events the city produces. Programs and events in which the city has invested time, money, or manpower. City‐sponsored events. Events that have a citywide impact on parking, transportation, or city facility use. Content is subject to the discretion of city staff. Photos and Graphics Photos taken at public events in a public area, official city events or official photos of city employees may be published on city web sites. Photos taken from other sources (Internet, newspapers, books, etc.) require written permission of the organization, before publication or may be taken from in the public domain if classified as free to modify, share and use commercially. City of Apple Valley Personnel Policy Manual Page 104 The city’s official logo is to be used only by the city, for official purposes. Information Collection The city does not collect personal information about visitors to its web site unless a visitor chooses to provide it. The city collects limited non‐personal identifying information that browsers make available automatically whenever the web site is visited. This information includes the internet address of personal computers or network, the date, time, and page visited on our site, type of browser and operating system, and the referring page (the last webpage visited before clicking on a link to our site). The city uses the aggregated information from all of its visitors to measure server performance, analyze user traffic patterns and improve the content of its site. The city sometimes tracks the keywords that are entered into its search engine to measure interest in specific topics, but does not track which terms a particular user enters. Some of the city’s online services require visitors to register for an account. The city may ask a visitor for some personal information in order to create an account (typically name, email address and a password for the account) and the city will use that information to provide the service. For certain services, such as online payment services, the city may request credit card or other payment information which may be stored temporarily in encrypted form on secure servers. E‐Mail and Information Volunteered to the City Information volunteered by visitors through filling out the optional online 'Contact Us' or other reporting forms may be shared with City of Apple Valley employees and contractors for the purpose of addressing the issues presented in the form. These forms are received as web‐generated email and should be responded to promptly, using email whenever possible. E‐mail sent to a general city e‐mail account that is addressed to a member(s) of the City Council or staff within the header or e‐mail message may be viewed by city staff responsible for receiving and distributing mail to the general e‐mail account. Submitted online forms and e‐mail correspondence to and from the City of Apple Valley is data subject to the Minnesota Data Practices Act and may be disclosed to third parties if public. 8: EXPENDITURES AND REIMBURSEMENTS 8.1 Travel and Expense Reimbursement In addition to all city employees, this policy applies to firefighters, volunteers, contractors, and applicants for employment. These policies and procedures shall govern the payment and reimbursement by the City of Apple Valley for local travel, outside travel, and other expenses incurred in connection with city business by any authorized Agent of the city. POLICY Public Purpose Travel and expenses reimbursed by the city must facilitate city business in the serving of a reasonable public purpose, as described in the Public Purpose Expenditure Policy. Budget For budget purposes, each department shall be responsible for requesting adequate funds to cover all travel and expense requests anticipated in the upcoming year. Expense Reimbursement The city shall pay expenses conforming to the Public Purpose Expenditure Policy and directly incurred by an authorized Agent attending to city business. Expenses incurred by an Agent, which have not been properly processed or approved or are not in accordance with these policies, may not be reimbursed. City of Apple Valley Personnel Policy Manual Page 105 Travel From Home The city shall not pay or reimburse an individual for expenses incurred for travel between an Agent's place of residence and city‐owned or leased work locations. Out‐of‐Pocket Expenses The payment of such expenses by the city is to reimburse an individual for out‐of‐pocket expenses, when such expenses are incurred while attending to authorized city business or for a reasonable public purpose as described in the Public Purpose Expenditure Policy. Receipts Receipts shall be required to obtain reimbursement. However, in the case of mileage reimbursement, or in the event it is not practical to obtain a receipt (e.g., parking meters), the Agent must certify the claimed amount as accurate. No specific expense, other than mileage reimbursement, in excess of $10.00 shall be reimbursable without an itemized receipt, except for subsistence allowance amounts in accordance with this policy. National, Regional, or State Conference Attendance An Agent may be authorized to attend appropriate national, regional, or state conferences for the purposes of professional growth. All individual requests to attend a national, regional, or state conference shall be made in advance through the appropriate department head, to the City Administrator, and shall be accompanied by adequate information to determine whether attendance is appropriate. The City Administrator retains the final authority to approve or deny a request to attend a conference. Conduct While attending to city business away from the normal work site, an Agent shall abide by all city codes, personnel policies and procedures, and departmental rules or operational standards. Non‐Receipt Items All expense reimbursement claims where a receipt is not available shall be processed within forty‐five (45) days of the event, or the Agent may not be reimbursed for such non‐receipt items. PROCEDURES AND POLICY DETAILS Local Travel A. Mileage Reimbursement a. Mileage reimbursement, at the standard rate for business determined by the Internal Revenue Service (IRS) in effect on the date of the travel, will be reimbursed to Agents using a private vehicle in the performance of city business. Travel shall be by city‐owned vehicle, when practical. b. Agents receiving a monthly vehicle allowance shall not receive mileage reimbursement for city‐ related travel within the Metro Area. c. Elected officials shall not receive mileage reimbursement for city‐related travel within the Metro Area, except when such mileage is related to: i. Functions sponsored by the Association of Metropolitan Municipalities (Metro Cities), League of Minnesota Cities, Metropolitan Council, or any other committee, board, or commission to which the elected official has been appointed by the City Council; or ii. Regularly scheduled functions of the Apple Valley Chamber of Commerce; or City of Apple Valley Personnel Policy Manual Page 106 iii. Meetings and events identified on the City Council's adopted Calendar of Upcoming Events. B. Parking/Toll Expense. Actual expenses incurred for parking and toll expenses will be reimbursed. C. Taxi/Transit/Ride Service Fares. Actual expenses incurred for taxi/transit/ride service fares will be reimbursed. Local travel by taxi/transit/ride service shall be eligible for reimbursement only when a private or city‐owned vehicle is not available and the employee believes that the most efficient and cost effective means of travel is a taxi/transit/ride service. D. Lodging Expenses. Actual lodging expenses will be reimbursed by the city when, in the opinion of the Mayor and City Administrator, a special condition exists that justifies local overnight accommodations. Notification of all exceptions shall be provided to the City Council and approval authorized by the Mayor and City Administrator. E. Rental Vehicles. Actual expenses incurred for a rental vehicle will be reimbursed by the city when, in the opinion of the City Administrator, a special condition exists that justifies the rental of a vehicle for the purpose of attending to city business. As the city’s insurance policies extends to rental vehicles, rental insurance should not be taken out by the Agent. F. Subsistence Allowance. A daily subsistence allowance will not be provided for travel within the Metro area. However, if in the opinion of the City Administrator a special condition exists, a daily subsistence allowance may be authorized in the Metro Area. Outside Travel A. Expenses. The city shall reimburse an Agent for expenses incurred, in accordance with the procedures outlined the Local Travel section of this policy, if the expenses were incurred in the performance of city duties during authorized Outside Travel. B. Travel. The mode of transportation for Outside Travel shall be subject to the following guidelines and/or restrictions. The mode of transportation is subject to department head approval. When practical, Agents traveling to the same event are encouraged to share transportation. a. Outside Travel within a 200‐mile radius of the city shall generally be by a city vehicle or by a private vehicle. Travel by private vehicle shall be reimbursed at the current mileage reimbursement rate. b. Outside Travel within a 201 to 400‐mile radius of the city may either be by air, by city vehicle, or private vehicle. Travel by private vehicle shall be reimbursed at the current mileage reimbursement rate. If an Agent prefers to travel by private vehicle, reimbursement shall be in accordance with the current mileage reimbursement rate, or on the basis of what the airline fare would have been, whichever is less. c. Outside Travel beyond a 400‐mile radius of the city shall generally be by air. If an Agent prefers to travel by private vehicle, reimbursement shall be in accordance with the current mileage reimbursement rate, or on the basis of what the airline fare would have been, whichever is less. d. If a private vehicle is used for transportation at a travel destination, reimbursement shall be at the current mileage reimbursement rate. e. If a city vehicle is used for transportation at a travel destination, vehicle operation expenses incurred while traveling in a city vehicle shall be reimbursed. C. Air Travel: Actual airline fares for authorized Outside Travel will be reimbursed with accompanying documentation. Airline travel shall be by economy/tourist/coach or equivalent class accommodations. If such accommodations are not available, upgraded tickets may be purchased. Approval by the department head must be obtained prior to the purchase of the upgraded tickets. Authorized Agents shall attempt to purchase discounted air tickets. City of Apple Valley Personnel Policy Manual Page 107 D. Private Vehicle: When outside travel is by private vehicle, in lieu of air travel, due to individual preference; the outside travel request shall include airline fare cost comparison documentation. Mileage reimbursement shall be determined based on the lesser of the air travel or the mileage at the current reimbursement rate. E. Airport Bus/Shuttle/Ride Service Fares. Actual fares for bus, shuttle, and ride service shall be reimbursed. Receipts for such fares shall be obtained, if practical. F. Vehicle Rental. Actual expenses for vehicle rental shall be reimbursed in accordance with the procedures described in the Local Travel section of this policy. As the city’s insurance policies extends to rental vehicles, rental insurance should not be taken out by the employee. G. Lodging Expenses. Actual lodging expenses will be reimbursed as follows: a. Lodging expenses shall be reimbursed at the rate for single accommodations only. Costs related to family members shall not be reimbursed by the city. b. For conferences and conventions, lodging reservations should be made as far in advance as reasonably possible. Reservations at, or as convenient to the conference headquarters as possible, are permissible even if such accommodations are more expensive. c. Lodging expenses for the evening preceding and following a meeting or convention may be reimbursed at the discretion of the City Administrator. H. Subsistence Allowance. a. An Agent of the city will be paid a subsistence allowance of up to $51.00 per day, or will be reimbursed for actual expenses incurred, when engaged in Outside Travel requiring an overnight stay. A partial allowance may also be authorized. The choice of subsistence allowance or actual expense reimbursement shall be at the discretion of the City Administrator or designee, subject to the authorization procedures outlined in the Method of Payment section of this policy. b. In the event of travel to certain metropolitan areas of the country, the daily subsistence allowance shall be $100.00 per day. This shall include travel to Washington, D.C. and New York, New York, and may include additional cities as determined by the Mayor and City Administrator. Notification of such cities shall be provided to the City Council and approval authorized by the Mayor and City Administrator. c. For travel to destinations requiring an overnight stay, the full subsistence allowance may be provided for one day for traveling to the activity and one day for returning from the activity, if authorized in advance by the City Administrator. d. When authorized Outside Travel is made by private vehicle, in lieu of air travel, the subsistence allowance shall be paid only for the period required if the trip had been made by air. Other Expenses A. Telephone Calls. An Agent of the city shall be reimbursed for telephone calls placed in the performance of city activities. Agents of the city are encouraged to make telephone calls for a city purpose during Outside Travel from a city‐issued cell phone or a phone that can provide an itemized record if possible. Personal telephone calls are not reimbursable and shall be deducted from any lodging bills. B. Registration Fees. The city will pay the base registration and other fees that are part of a conference or convention registration package, excluding fees related to family members. C. Meal Expenses. a. Actual meal expenses incurred during authorized Outside Travel shall be reimbursed if the Agent is not receiving a daily subsistence allowance. City of Apple Valley Personnel Policy Manual Page 108 b. Actual meal expenses incurred within the Metro Area shall be reimbursed when attending a conference, convention, or meeting if the Agent is prevented from being at the normal mealtime location. The event must serve or facilitate the serving of a public purpose, as described in the Public Purpose Expenditure Policy. c. Reimbursable meal expenses shall include tax and reasonable gratuities, but shall not include the cost of alcoholic beverages. d. Actual meal expense reimbursements for the meal of an Agent shall not exceed the following: Breakfast: $10.00 Lunch: $15.00 Dinner: $26.00 e. If an Agent believes it is appropriate to the occasion in the serving of a public purpose as described in the Public Purpose Expenditure Policy, the Agent may be reimbursed for the reasonable actual meal expense of a person who is not an Agent of the city. f. Meal expenses while an Agent is within the city and conducting routine work within the normal duties of the job will not be reimbursed. D. Recruitment Expenses. Job applicants invited to Apple Valley for an interview may be reimbursed for expenses at the discretion of the City Administrator, or designee, in accordance with this policy under the following conditions: a. The reimbursement of expenses must be approved in advance by the City Administrator. If reimbursement of expenses is approved for a job applicant, the City Administrator reserves the right to determine items for which the applicant may be reimbursed. b. Reimbursement of expenses for a job applicant may not exceed the provisions of this policy. c. The city shall pay moving expenses only as authorized by the City Council. Method of Payment and Reimbursement A. Advance Authorization. An Agent requesting Outside Travel shall complete a Travel/Training Request (TTR) form and submit it to the City Administrator or designee for authorization as far in advance of the departure date as practical. The request may be approved at the discretion of the City Administrator or designee if authorized within the adopted budget; otherwise, City Council approval shall be required. The TTR form shall also be used for authorization of registration fees for conferences, conventions, and seminars that occur in the Metro Area. B. Direct Payment. a. Direct payments to common carriers or travel agencies, for air fare and to conference or convention sponsors for registration fees, should be arranged whenever possible. b. Payments for expenses made by directly on an Agent's city purchasing card, rather than reimbursed to the Agent, shall be in compliance with the provisions and procedures of this policy and the Public Purpose Expenditure Policy. C. Reimbursement of Expenses. a. All expenses as identified in accordance with this policy, except those paid directly by the city, shall be paid by the Agent who shall then claim reimbursement on an Expense Reimbursement Form (ERF). The mileage allowance and subsistence allowance are included as reimbursable expenses even though they may not represent actual expenses paid. Only one (1) ERF shall be submitted, inclusive City of Apple Valley Personnel Policy Manual Page 109 of all expenses for each Outside Travel event. The ERF shall be submitted within forty‐five (45) days of completion of travel. b. An advance payment for reimbursable expenses may be requested for Outside Travel via the TTR form. Only one advance per Agent may be in effect at one time. c. ERF Approvals. Prior to a payment being processed by the Finance Department, an ERF that includes Outside Travel expenses shall be signed by the requesting Agent, and must receive approval from the appropriate department head and City Administrator, or designee. An ERF including only Local Travel expenses shall be signed by the requesting Agent and must receive approval from the appropriate department head. An ERF request from a department head must be approved by the City Administrator, or designee. Compliance with Internal Revenue Service (IRS) Regulations Certain travel and expense payments and reimbursement amounts made by the city are considered a taxable benefit and will be included as taxable income to the Agent in accordance with Internal Revenue Service (IRS) regulations. Elected Official Out‐of‐State Travel Guidelines The City of Apple Valley recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events, and other assignments which serve a public purpose. A. General Guidelines a. The event, workshop, conference, or assignment must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of travel. In evaluating the out of‐state travel, the City Council will consider the following: 1) Whether the elected official will be receiving training on issues relevant to the city or to his or her role as the Mayor or as a Council member. 2) Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the city or on the official roles of local elected officials. 3) Whether the elected official will be viewing a facility or function that is similar in nature to one that is currently operating at, or under consideration by the city, where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full City Council. 4) Whether the elected official has been specifically assigned by the City Council to visit another city for the purpose of establishing a goodwill relationship such as a “sister‐city” relationship. 5) Whether the elected official has been specifically assigned by the City Council to testify on behalf of the city at the United States Congress or to otherwise meet with federal officials on behalf of the city. 6) Whether the city has sufficient funding available in the budget to pay the cost of the trip. b. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. c. The elected official will give an oral written report on the results of the trip at a subsequent City Council meeting. d. The City Council may limit the number of Council members who can attend the same event. City of Apple Valley Personnel Policy Manual Page 110 e. The city will pay or reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the city's policy for Outside Travel by an authorized Agent. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Agent. Any city employee, or member of the City Council, city commission, city committee, city volunteer, or other individual authorized by the city. City. The City of Apple Valley, Minnesota. Local Travel. Travel in the performance of city business within the Metro Area. Outside Travel. Travel in the performance of city business beyond the Metro Area. The number of days allowed for purposes of reimbursement shall be limited to the number of days scheduled for the meeting or conference with the addition of one day preceding and one day following, if reasonably required for travel requiring an overnight stay. Additional time shall be at the expense of the Agent. Metro Area. The Minnesota counties of Anoka, Carver, Scott, Dakota, Hennepin, Ramsey and Washington. 8.2 Public Purpose Expenditures In addition to all city employees, this policy applies to firefighters, volunteers, and contractors. These policies and procedures shall govern the purchases by Agents of the City of Apple Valley. Every City of Apple Valley expenditure must be validly based upon its stated purpose. The following items are deemed to meet the City Council definition of public purpose expenditures. POLICY Procedures and Policy Details Costs associated with meals and refreshments are allowed at the following events: A. A city business meeting in which the character of the meeting would involve predominately participants who are not City of Apple Valley employees. B. Breakfast/lunch/dinner meeting with participants who are not Apple Valley city employees for official city business when it is the only practical time to meet. C. Non‐routine, official meetings of the City Council, committees, or subgroups. (Coffee, water, and soft drinks may be provided at routine official meetings of the City Council, committees, or subgroups.) D. A conference, workshop, seminar, or meeting which the City Administrator or department head has authorized the Agent to attend. E. Department‐sponsored meetings, conferences, or workshops where the majority of invited participants are not City of Apple Valley employees. F. Events related to city promotion activities, city revenue and development activities, meetings of professional associations, and meetings with representatives of other units of government. a. If an Agent believes it is appropriate to the occasion in the serving of a public purpose, costs may include the reasonable actual meal expense of a person who is not an Agent of the city. City of Apple Valley Personnel Policy Manual Page 111 G. Meetings consisting primarily of city employees when the refreshment and/or meals are an integral part of the event and are necessary to sustain the flow of the meeting and to retain the captive audience, and if the meeting is one of the following: a. Division or department‐wide quarterly employee meetings; b. Non‐routine management team or employee organizational development and training meetings; c. Official meetings of the City Council, council committees, advisory boards/commissions, and task forces, when they are of a non‐routine basis or when special events are held;, d. During performance of election‐related duties on Election Day, and at election judge training sessions prior to election day; e. During emergency situations as required. Costs associated with the Employee Recognition Program are allowed as follows: A. The Apple Valley City Council acknowledges and appreciates the hard work and service performed by the employees of the City of Apple Valley through an Employee Recognition Program. The City Council determines the benefit of attracting, retaining, and motivating employees through an Employee Recognition Program which supports employee job satisfaction and positively impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens of the community. B. Costs associated with the Employee Service Recognition Program. a. Service recognition awards and retirement celebrations are provided in accordance with the Employee Recognition Policy. b. The City Council annually hosts an Employee Recognition Event, including a meal and program at which employees reaching various milestones are recognized by the City Council and fellow employees. The event also recognizes department and city accomplishments throughout the year, as well as other individual accomplishments. c. Assorted beverages, such as coffee and tea, may be provided to employees at city facilities during the workday to recognize employees' daily service and support job satisfaction, retention, and motivation. C. The cost of elements of the Employee Recognition Program will be included as a separate line item in the city budget. Costs associated with the Volunteer Engagement Program are allowed as follows: A. The Apple Valley City Council recognizes the value of facilitating citizen volunteerism to make the community stronger and more vibrant. Volunteering helps citizens become more familiar and engaged with city programs, services and issues; enriches city programs and services through involvement and participation; leads to active partnerships between city staff and community members; provides opportunities for residents to contribute to city government; and conserves city resources. B. Costs associated with volunteer recruitment, placement, management, retention, and recognition are permitted. C. The cost of elements of the Volunteer Engagement Program will be included as a separate line item in the city budget. City of Apple Valley Personnel Policy Manual Page 112 Costs associated with the Employee Wellness Program and Employee Safety Program are allowed as follows: A. The City Council recognizes the importance of employee wellness, health, and safe working habits/procedures as they relate to the overall work and life satisfaction of the employee and the overall impact on the city's health insurance and risk management program. As such, the City Council supports the Employee Wellness Program and Employee Safety Program. B. The cost of elements of the Employee Wellness and Safety Programs will be included as separate line items in the city budget. Costs associated with special events are allowed as follows: A. Events such as Night to Unite, Holiday Tree Lighting, Facility Open Houses, Fire Prevention Week, Fire Awards Event, Annual Clean‐Up Day Event, Home and Garden Expo, and others that involve or invite participation by the general public. B. Expenditures for meals and participation fees are allowed. Representative staff members, as designated by the City Administrator, may participate in events that directly benefit the marketing of the city. Costs associated with employee training are allowed as follows: A. Reasonable registration, tuition, meals, and travel expenses for conferences, seminars, workshops, and approved city employment‐related course work, in accordance with the City of Apple Valley Personnel Policies and the City of Apple Valley Travel and Expense Reimbursement Policy. Costs associated with memberships and dues are allowed as follows: B. Participation in the local Chamber of Commerce is allowed. Minnesota Statutes § 469.191 permits a home rule or statutory city to "appropriate not more than $50,000 annually out of the general revenue fund of the jurisdiction to be paid to any incorporated development society or organization of this state for promoting, advertising, improving, or developing the economic and agricultural resources of the city." A. Other reasonable civic memberships and professional dues are allowed as approved by the City Administrator and department heads consistent with the approved city budget. Costs associated with the provision of clothing and other sundry items are allowed as follows: A. Employees may receive or provide t‐shirts and other sundry items of nominal value when these items are made available to the general public, or if these items are determined by the City Administrator to be important to the successful involvement of employees in special city‐sponsored or city‐supported events (e.g., Water Conservation Public Education Effort, Night to Unite, etc.). B. Employees may be supplied with uniforms, clothing, boots, and other gear necessary for the performance of their jobs. Conclusion The Apple Valley City Council has determined that the above expenditures are valid expenditures which serve a public purpose. DEFINITIONS When used in this section, the following terms shall have these meanings ascribed to them, unless otherwise noted. Agent. Any city employee, or member of the City Council, city commission, city committee, city volunteer, or other individual authorized by the city. City of Apple ValleyProposed Personnel Policy ManualFull‐TimeRegular EmpsPart‐TimeRegular EmpsCasual (Seasonal, Temp, Variable)Elected OfficialsFirefightersVolunteersContractorsApplicantsSection Policy Substantive Changes from Personnel Ordinance Policy Applies To11.1Personnel Policy Manual New. Incorporates "Purpose" and "Definitions" sections from ordinance.Elected officials generally considered employees.22.1Recruitment and Selection Expands criteria for nepotism review. Clarifies existing procedures. Adds Equal Employment Opportunity (EEO) statement.XX X2.2Background Checks Updated and reflects current practice.X X X XXXX2.3Probationary Period Clarifies no probation for casual employees (at‐will employment). Clarifies that time in casual, volunteer, or interim positions does not count toward probation.XX X2.4TransferXX X2.5ReassignmentXX X2.6Resignation Clarifies that employee cannot use paid time off (PTO) to extend employment beyond last day worked. Requires 30 days notice for department heads. Clarifies that failure to give notice can be cause for denial of annual leave payout.XX X2.7Lay off Reduces notice time from 60 days to 30 days. Removes right to recall.XX X33.1Hours 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 ACA.) Limits annual comp time accrual to 160 hours.XX X3.2Flexible Work Arrangements. New. Reflects current practice.X3.3Time Reporting New. Reflects current practice.XX X3.4Compensation New. Complies with statute.XX X3.5Payroll Direct Deposit New. Reflects current practice.XX XX3.6Tip Income Incorporates existing policy into manual.Non‐Exempt in Food & Bev at Valleywood3.7Personnel Data Practices New. Reflects current practice and statute.X X X XXXXX3.8Group Insurance BenefitsXX3.9Public Employees Retirement Association New. Reflects current practice.XX XX3.10Injured on DutyX X X XXXHIRING AND SEPARATIONGENERAL INFORMATIONEMPLOYMENT PRACTICESHuman Resources, 2017‐10Page 1 of 4 City of Apple ValleyProposed Personnel Policy ManualFull‐TimeRegular EmpsPart‐TimeRegular EmpsCasual (Seasonal, Temp, Variable)Elected OfficialsFirefightersVolunteersContractorsApplicantsSection Policy Substantive Changes from Personnel Ordinance Policy Applies To3.11Temporary Modified Duty Duration and extensions increased from 30 to 90 days to reflect actual practice.XX3.12Employee Recognition New. Reflects current practice.XX X3.13Performance Reviews New. Reflects existing practice. XX X3.14Employment Complaint Resolution Updated. City Administrator's decision final.XX X3.15Discipline Clarifies casual employees at‐will employment status.XX X3.16Reasonable Unpaid Work Time for Nursing Mothers New. Complies with statute.XX XXX3.17Reasonable Accomodation for DisabilityNew. Complies with Americans with Disabilities Act (ADA).3.18Reasonable Accommodations...Pregnancy New. Complies with statute.XX XXX3.19Pre‐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.XNATuition Reimbursement Section eliminated. Program has not been funded since 2009.44.1Employee Conduct New. Some sections incorporated from Personnel Ordinance.X X X XXX4.2Discrimination and Harassment Updated. Provides for City Attorney review. Adds 2 business days reporting requirement for supervisors.X X X XXX4.3Respectful Workplace New.X X X XXX4.4Investigations New.X X X XXX55.1Leaves of Absence New. Reflects current practice.XX XX5.2Annual Leave Addition of ability to cash out 16 hours cash once annually (matches unions). Clarifies subject to discipline if unplanned leave suggests abuse. Clarifies that failure to separate in good standing or return city property may be cause for denial of annual leave payout following separation. Eliminates obsolete reference to liquidation of leave for post‐employment medical. Short term disability section removed to separate policy.XX5.3Short Term Disability Moved from Annual Leave. Reflects current practice in compliance with PERA.X5.4Holidays Adds 1 floating holiday (matches unions). Adds holiday bank option for certain employees in retail/hospitality settings.XX5.5Liquor Operations Holidays Incorporates existing policy into manual.Employees assigned to Liquor OperationsCONDUCTLEAVES OF ABSENCEHuman Resources, 2017‐10Page 2 of 4 City of Apple ValleyProposed Personnel Policy ManualFull‐TimeRegular EmpsPart‐TimeRegular EmpsCasual (Seasonal, Temp, Variable)Elected OfficialsFirefightersVolunteersContractorsApplicantsSection Policy Substantive Changes from Personnel Ordinance Policy Applies To5.6Bereavement Leave Clarifies that leave intended to be taken within 30 days after death in immediate family. Actual amount of approved leave based on circumstance.X5.7Family and Medical Leave Updated to comply with statute.XX XXX5.8Pregnancy and Parenting Leave Updated to comply with statute.XX XXX5.9Medical Leave Updated to comply with ADA. Removes distinction between probationary/non‐probationary employees. Removes reference to termination.XX X5.10Bone Marrow Donation Leave New. Complies with statute.XX XXX5.11Organ Donation Leave New. Complies with statute.XX XXX5.12School Conference and Activities Leave New. Complies with statute.XX XXX5.13Voting Leave New. Complies with statute.XX XXX5.14Election Judge Service Leave New. Complies with statute.XX XXX5.15Court Appearances New. Reflects existing practice. XX XX5.16Jury Duty LeaveXX XXX5.17Military Leave New. Complies with statute.XX XXX5.18Military Service Member Family Leave New. Complies with statute.XX XXX5.19Victim or Witness Leave New. Complies with statute.XX XXX5.20Discretionary Leave of Absence Without PayX5.21Administrative Leave New. Reflects existing practice. XX X X5.22Medical Certification of Absence for Illness/Injury New. Reflects existing practice. XX X X5.23Public Office Meeting LeaveNew. Complies with statute.XX XXX5.24LOA: Legislator or FT Elected to City/County Office New. Complies with statute.XX XXXNAVacation and Sick Leave Sections eliminated.66.1AWAIR Policy Incorporates existing policy into manual.X X X XXXX6.2Workplace Violence Prevention Revised to allow properly cased and secured permitted firearm in personal vehicle out of view while conducting City business.X X X XXX6.3City Driving New. Requires reporting of driver's license status changes. Allows check of driver's license status for positions driving for City business.X X X XXX6.4Use of Cell Phones/Devices…Casual Employees Incorporates existing policy into manual.XWORKPLACE SAFETY AND HEALTHHuman Resources, 2017‐10Page 3 of 4 City of Apple ValleyProposed Personnel Policy ManualFull‐TimeRegular EmpsPart‐TimeRegular EmpsCasual (Seasonal, Temp, Variable)Elected OfficialsFirefightersVolunteersContractorsApplicantsSection Policy Substantive Changes from Personnel Ordinance Policy Applies To6.5Drug Free Workplace Incorporates existing policy into manual.X X X XXXXX6.6Police Applicant Drug Testing Policy Limited to applicants (employees are covered in union labor agreements).Applicants for sworn law enforcementX6.7DOT Drug and Alcohol Testing PolicyDOT Drivers6.8Tobacco Use Updated. 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.X X X XXXXX6.9LIFE Rewards Incorporates existing policy into manual.X6.10Apple Core Training (ACT) Center Incorporates existing policy into manual.XX X77.1Media Requests New.X X X XXXX7.2Personal Communications and Use of Social Media New. X X X XXXX7.3Use of City Social Media Assets New.X X X XXXX7.4Information Technology Incorporates existing policy into manual.X X X XXXX7.5Wireless Communications Devices and Phones Incorporates existing policy into manual.X X X XXXX7.6City Web Site New.X X X XXXXX88.1Travel and Expense Reimbursement Updated and incorporates existing policy into manual. Includes elected officials out‐of‐state travel guidelines (required by MN statute)X X X XXXXX8.2Public Purpose Expenditures Updated and incorporates existing policy into manual.X X X XXXXCOMMUNICATIONS AND INFORMATION TECHNOLOGYEXPENDITURES AND REIMBURSEMENTSHuman Resources, 2017‐10Page 4 of 4 I T E M: 4.V. C O UNC I L ME E T I NG D AT E :October 26, 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 October 26, 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) Ayden Bernstein Hire Arena Attendant Part-Time, Variable 5205 $ 9.75 Hourly C-01 10/27/2017 Evan Carlson Accept Resignation Fire Fighter Paid on Call Volunteer 1300 10/10/2017 Bradley Christian Hire Liquor Clerk Part-Time, Regular 5090 $ 11.00 Hourly L-1 10/27/2017 Bruce Daubanton Transfer Maintenance Worker II Full-Time, Regular 1060 $ 29.42 Hourly UM2 10/27/2017 Emma Dodge Hire Arena Attendant Part-Time, Variable 5205 $ 9.75 Hourly C-01 10/27/2017 Jennifer Hoel Hire Liquor Clerk Part-Time, Regular 5060 $ 11.00 Hourly L-1 10/30/2017 Jeff Jacques Rehire Maintenance I Seasonal 1600 $ 12.15 Hourly SM1 11/14/2017 Larry Lundberg Accept Resignation Liquor Clerk Part-Time, Regular 5090 10/2/2017 David Mix Hire Maintenance I Seasonal 1600 $ 11.83 Hourly SM1 10/23/2017 Steve Nickelson Hire Ice Resurfacer Part-Time, Variable 5205 $ 13.05 Hourly C-06 10/27/2017 Peter Pueschner Hire Arena Attendant Part-Time, Variable 5205 $ 9.75 Hourly C-01 10/27/2017 Jason Wolf Hire Building Inspector Seasonal 1400 $ 27.00 Hourly C-10 10/30/2017 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 1 I T E M: 4.W. C O UNC I L ME E T I NG D AT E :October 26, 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 October 4, 2017, and October 11, 2017, in the amounts of $983,545.50 and $2,133,817.87, 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 :October 26, 2017 S E C T I O N:Regular Agenda Description: P ass Ordinance A mending Appendix F of the C ity C ode by A mending A rticle A 18 to Allow for On-S ale L iquor in C onjunction with a R estaurant F acility as a P ermitted Use and C larif y the E xisting Class I R estaurant P ermitted Use D escription in P D-507/Z one 1 (Recommend waiving second readi ng) S taff Contact: T homas L ovelace, City P lanner D epartment / Division: C ommunity D evelopment Department Applicant: City of Apple Valley P roject Number: P C17-26-Z Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Pass an ordinance amending Appendix F of the C ity Code by amending Article A 18 to allow for on-sale liquor in conjunction with a restaurant facility as a permitted use and clarify the existing Class I restaurant permitted use description in Zone 1 of Planned Development No. 507. (Recommend waiving second reading.) S UM M ARY: For consideration are proposed zoning amendments to Planned Development No. 507 to allow on-sale liquor as a permitted use and identify C lass I restaurants as a permitted use. T he planned development ordinance currently allows for a Class I restaurant, either as a free- standing or within a multi-tenant building as a permitted use in zone 1; on-sale wine and/or 3.2% liquor in conjunction with a restaurant facility is a permitted use in zone 2; and on-sale liquor in conjunction with a restaurant facility and C lass I restaurants are permitted conditional uses in zone 2 only. During a review of an inquiry from the theatre operator for information on establishing a restaurant with on-sale liquor in the theatre, staff became aware that on-sale liquor operations in conjunction with a restaurant would not be allowed in the subzone (zone 1) of the planned development in which the theatre is currently located. T he review also found that the existing Red Robin restaurant, which is also located in zone 1 and has on-sale liquor sales as part of their operation, would be considered not in compliance with the current planned development ordinance. T herefore, staff is proposing simplifying the C lass I restaurant description in zone 1 by removing the "either free-standing or within a multi-tenant building" language, separating Class I and C lass II restaurant descriptions, and adding on-sale wine and 3.2% liquor, as well as on-sale liquor in conjunction with a C lass I restaurant facility as a permitted uses in that zone. B AC K G RO UND : "PD-507" was established in 1991 and encompasses approximately 53 acres east of C edar Avenue, south of 155th Street West, west of Galaxie Avenue, and north of 157th Street West. T he planned development was created to provide for an integrated mix of certain retail, office, medical, restaurant, commercial recreation, transit related and institutional uses, and multi-family residential uses. Eight subzones were established with the planned development zoning district. C urrent uses include a Holiday gas/convenience operation, Class I restaurant (Red Robin) and Carmike Cinema 15 movie theatre in zone 1; a former MVTA park and ride surface parking lot in zone 2; C hasewood townhomes in zone 3; Fairview C edar Ridge C linic in zone 4; C ortland and Orchard Square senior apartments in zone 5; Cedar Pointe townhome development in zone 6; and MVTA park and ride facilities in zones 7A and 7B. At the time of the approval of the planned development ordinance, C lass I and II restaurants were listed as permitted uses in zone 1; with on-sale wine and 3.2% liquor in conjunction with a restaurant listed a permitted use and Class I restaurants and on-sale liquor in conjunction with a restaurant listed as conditional uses in zone 2. T his is similar to the types of uses allowed in the "LB" (Limited Business) and "N C C " (Neighborhood Convenience Center) zoning districts, which this section of the "P D" ordinance was modeled after. It appears that on-sale liquor in conjunction with a restaurant was inadvertently left off the list of permitted or conditional uses in zone 1. T he addition of on-sale liquor as a permitted use in zone 1 will make “PD -507” generally more consistent with the two before-mentioned zoning districts that it was modeled after. T he Planning C ommission held a public hearing for these proposed zoning amendments on September 20, 2017. T he hearing was open, no testimony was taken and the hearing was closed. T he C ommission voted unanimously (7-0) to recommend approval of the planned development ordinance amendments as presented by staff. B UD G E T I M PAC T: N/A AT TAC HM E NT S: L ocation Map C omp Plan Map Z oning Map Ordinance Ordinance Ordinance Presentation ARTICLE 18. DESIGNATION NO. 507 The purpose of this article is to establish specific performance standards in compliance with §§ 155.260 through 155.267 for property designated by Ordinance No. 507 on the official zoning map. The purpose of this zone is to provide for an integrated mix of certain types of neighborhood convenience retail, office, medical, restaurant, commercial recreation, transit- related and institutional uses as well as multiple- residential uses. (‘81 Code, § A18-1) (Ord. 507, passed 4-25-91; Am. Ord. 628, passed 6-26-97) (A) Zone 1. Within this zone, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (1) Dairy, grocery or convenience store not to exceed 5,000 square feet of floor area; (2) Class I restaurant, either free-standing or within a multi-tenant building or Class II restaurant, lunch counter or delicatessen facilities within a multi-tenant building. No Class II fast-food restaurants or drive-through restaurant facilities may be located as a separate, stand- alone building; (3) Offices for doctors, dentists, lawyers, realtors, veterinarians (no outdoor animal pens allowed), insurance agents and similar uses to serve the adjoining residential area; (4) Day-care centers; (5) Retail operations selling personal services or goods over-the-counter as limited to the following uses unless otherwise specifically approved by the City Council: antiques, art and school supplies, bakeries, barbershop, beauty parlor, bicycles, books and stationery, candy, cameras and photographic supplies, catering establishments, china and glassware, clothes pressing, custom dressmaking, drugs, dry goods, florists, garden supplies, gifts, hardware, hats, hobby shops, household appliance repair, interior decorating studio (no retail furniture sales), jewelry and watch repair, laundry and dry cleaning, locksmith shops, musical instruments, paint and wallpaper, phonograph records and equipments, pets (no outdoor animal pens allowed), photography studio, shoes, sporting goods, tailoring, tanning salon, tobacco, toys, variety stores, video tape and equipment sales or rental and wearing apparel; and (6) Movie theaters, bowling alleys, athletic clubs, skating rinks, coin-operated amusement devices and similar commercial recreation facilities when contained within a building. (B) Zone 2. Within this zone, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (1) Municipal buildings including police, fire, emergency management, transit/transfer stations, park-and-ride lots, and the like, but no public works; (2) Professional offices, banks and savings and loan; (3) Offices of a general nature where the operations do not include over-the-counter retail sales or warehousing from the site; (4) Clinics for human care; (5) Institutional uses, such as library, swimming pool, church, public schools, religious centers, health centers and community building; (6) On-sale wine and/or 3.2% liquor in conjunction with a restaurant facility; (7) Coin-operated amusement devices in conjunction with a restaurant facility of private club; (8) Farmers’ market; (9) Apartment buildings, at least two stories in height, provided they are serviced by public sanitary sewer and water systems; (10) Home occupations, as defined by § 155.003; (11) Public utility buildings and structures; and (12) Community-based family-care home, day-care home licensed under M.S. § 245.812 or a home for the care of the mentally or physically handicapped licensed by the state. (‘81 Code, § A18-2) (Ord. 507, passed 4-25-91; Am. Ord. 628, passed 6-26-97; Am. Ord. 853, passed 12-23-08; Am. Ord. 970, passed 6-26-14) (A) Zone 1. Within this zone, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (1) Motor fuel sales as an accessory use to a dairy/grocery store operation. No motor vehicle repair facilities allowed; (2) Car-wash bay as an accessory use to a combination dairy/grocery operation with motor fuel sales; (3) Hours of operation in excess of those listed in § A18-6(F); and (4) Buildings constructed with exposed vertical exterior finish material other than those provided under § 155.346 when: (a) The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings adjacent to the site; (b) The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and (c) Under no circumstances shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. (B) Zone 2. Within this zone, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (1) Nursing homes, rest homes, retirement homes or hospitals for human care, day-care centers and private schools; (2) Funeral homes and mortuaries; (3) Art, interior decorating, photographic or music studio provided no retail sales are made of products not manufactured on the site; (4) Radio and television studios; (5) Private clubs and lodges not operated for a profit; (6) Historical buildings, museums, art institutes, galleries and playhouses; (7) Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district; (8) On-sale liquor in conjunction with a restaurant facility; (9) Nurseries and greenhouses; (10) Restaurants, Class I only; (11) Parking decks no more than one level or 15 feet in height, when set back at least 50 feet from any residential property line; and (12) Buildings constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when: (a) The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings adjacent to the site; (b) The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and (c) Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. (‘81 Code, § A18-4) (Ord. 507, passed 4-25-91; Am. Ord. 853, passed 12-23-08) PROPOSED CHANGES TO SECTION A18-2 OF PLANNED DEVELOPMENT DESIGNATION NO. 507 Changes are identified in italics with additions identified in bold type and deletions with a strikethrough (A) Zone 1. Within this zone, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (1) Dairy, grocery or convenience store not to exceed 5,000 square feet of floor area; (2) Class I restaurant;, either free-standing or within a multi-tenant building or Class II restaurant, lunch counter or delicatessen facilities within a multi-tenant building. No Class II fast-food restaurants or drive-through restaurant facilities may be located as a separate, stand- alone building; (3) Offices for doctors, dentists, lawyers, realtors, veterinarians (no outdoor animal pens allowed), insurance agents and similar uses to serve the adjoining residential area; (4) Day-care centers; (5) Retail operations selling personal services or goods over-the-counter as limited to the following uses unless otherwise specifically approved by the City Council: antiques, art and school supplies, bakeries, barbershop, beauty parlor, bicycles, books and stationery, candy, cameras and photographic supplies, catering establishments, china and glassware, clothes pressing, custom dressmaking, drugs, dry goods, florists, garden supplies, gifts, hardware, hats, hobby shops, household appliance repair, interior decorating studio (no retail furniture sales), jewelry and watch repair, laundry and dry cleaning, locksmith shops, musical instruments, paint and wallpaper, phonograph records and equipments, pets (no outdoor animal pens allowed), photography studio, shoes, sporting goods, tailoring, tanning salon, tobacco, toys, variety stores, video tape and equipment sales or rental and wearing apparel; (6) Movie theaters, bowling alleys, athletic clubs, skating rinks, coin-operated amusement devices and similar commercial recreation facilities when contained within a building; (7) Class II restaurant, lunch counter or delicatessen facilities within a multi-tenant building. No Class II fast-food restaurants or drive-through restaurant facilities may be located as a separate, stand-alone building; (8) On-sale wine and/or 3.2% liquor in conjunction with a restaurant facility; and (9) On-sale liquor in conjunction with a restaurant facility. CITY OF APPLE VALLEY ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING ARTICLE 18, APPENDIX F OF CHAPTER 155 OF THE CITY CODE ENTITLED PLANNED DEVELOPMENT DESIGNATION NO. 507 BY AMENDING SECTION A18-2 PERMITTED USES The City Council of Apple Valley ordains: Section 1. Article 18, Appendix F of Chapter 155 of the Apple Valley City Code is hereby amended by changing Section A18-2 (2) to read as follows: (2) Class I restaurant; * * * * Section 2. Article 18, Appendix F of Chapter 155 of the Apple Valley City Code is hereby amended by adding Section A18-2 (7) (8) to read as follows: (7) Class II restaurant, lunch counter or delicatessen facilities within a multi-tenant building. No Class II fast food restaurants or drive-through restaurant facilities may be located as a separate, stand-alone building; (8) On-sale liquor in conjunction with a restaurant facility. * * * * Section 3. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED this 26th day of October, 2017. _______________________________ Mary Hamann-Roland, Mayor ATTEST: ______________________________ Pamela J. Gackstetter, City Clerk 10/26/2017 1 "PD‐507" ORDINANCE AMENDMENTS APPLE VALLEY CITY COUNCIL PRESENTATION OCTOBER 26, 2017 "PD‐507" ORDINANCE AMENDMENTS Request for amendments to Planned Development Ordinance No. 507 to allow on‐sale wine and 3.2% liquor and on‐sale liquor as permitted uses; simplify the Class I restaurant permitted use in zone 1. 10/26/2017 2 “PD‐507” ORDINANCE AMENDMENTS CURRENT PLANNED DEVELOPMENT ORDINANCE §A18‐2 PERMITTED USES. (A)Zone 1. (2) Class I restaurant, either free‐standing or within a multi‐tenant building or Class II restaurant, lunch counter or delicatessen facilities within a multi‐tenant building. No Class II fast‐food restaurants or drive‐through restaurant facilities may be located as a separate, stand‐alone building (B)Zone 2. (6) On‐sale wine and/or 3.2% liquor in conjunction with a restaurant facility On‐sale liquor in conjunction with a restaurant facility and Class I restaurants are conditional uses in zone 2 PROPOSED PLANNED DEVELOPMENT ORDINANCE AMENDMENTS §A18‐2 PERMITTED USES. (A)Zone 1. (2) Class I restaurant;, either free‐standing or within a multi‐ tenant building or Class II restaurant, lunch counter or delicatessen facilities within a multi‐tenant building. No Class II fast‐food restaurants or drive‐through restaurant facilities may be located as a separate, stand‐alone building; (7) Class II restaurant, lunch counter or delicatessen facilities within a multi‐tenant building. No Class II fast‐food restaurants or drive‐through restaurant facilities may be located as a separate, stand‐ alone building; (8) On‐sale wine and/or 3.2% liquor in conjunction with a restaurant facility; and (9) On‐sale liquor in conjunction with a restaurant facility. "PD‐507" ORDINANCE AMENDMENTS 10/26/2017 3 LOCATION MAP ZONING MAP 7A 7B 1 2 3 6 5 4 10/26/2017 4 "PD‐507" ORDINANCE AMENDMENTS RECOMMENDED ACTION 1. Accept the first reading, waive the second reading, and approve the following amendments to Planned Development Ordinance No. 507 with the proposed additions identified in underlined bold type and deletions with a strikethrough (2)Class I restaurant;,either free‐standing or within a multi‐tenant building or Class II restaurant, lunch counter or delicatessen facilities within a multi‐ tenant building. No Class II fast‐food restaurants or drive‐through restaurant facilities may be located as a separate, stand‐alone building; (7) Class II restaurant, lunch counter or delicatessen facilities within a multi‐tenant building. No Class II fast‐food restaurants or drive‐through restaurant facilities may be located as a separate, stand‐alone building; (8) On‐sale wine and/or 3.2% liquor in conjunction with a restaurant facility; and (9) On‐sale liquor in conjunction with a restaurant facility. I T E M: 5.B . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:Regular Agenda Description: Hold Public Hearing on Vacation of a P ortion of E vendale Way and D rainage and Utility E asements D edicated in Plat of Eagle R idge B usiness P ark S taff Contact: A lex Sharpe, P lanner and E conomic Dev. S pec. D epartment / Division: C ommunity D evelopment Department Applicant: Wasatch Storage Partners, L L C P roject Number: P C17-32-S F G B Applicant Date: 8/23/2017 60 Days: 10/22/2017 120 Days: 12/21/2017 AC T I O N RE Q UE S T E D: Hold public hearing on vacation of a portion of Evendale Way and drainage and utility easements dedicated in plat of Eagle Ridge Business Park S UM M ARY: On September 28, 2017, the C ity Council adopted a resolution setting the public hearing to vacate a portion of Evendale Way, and the drainage and utility easements dedicated with Eagle Ridge Business Park. T his item was under review by the Planning Commission as it was being prepared for the City C ouncil. T he C ity Council is being asked to only hold the public hearing and take actions on revised easements when the final plat is brought forward at a later date. T his protects the C ity from vacating easements and right-of-way until final project approvals are secured. Attached for your consideration is information concerning the proposed vacation of a portion of Evendale Way, and drainage/utility easements along the roadway. A preliminary and final plat, as well as a site plan/building permit authorization application are currently being reviewed by the Planning C ommission for the construction of a self storage facility on land known as the Patina property. A site location, and site plan are included to this report for reference. As proposed, a portion of Evendale Way would be required to be vacated, as well as the drainage and utility easements established with the Eagle Ridge Business Park plat. T he Planning Commission held the public hearing for the Preliminary Plat for this item on September 20, 2017. Several members of the public expressed support, or asked questions. Each of these comments are described in greater detail in the background portion of the report. B AC K G RO UND : Site Plan: Wasatch Storage Partners, LLC , proposes to subdivide the lot into 4 properties to develop an approximately 125,000 sq. ft. self-storage facility. Since the public hearing at the Planning Commission, changes have been made in response to staff and resident feedback. Outlot A has been proposed to be dedicated to the City for regional stormwater ponding. T he existing pond in this area was controlled by a drainage and utility easement. Originally, Wasatch proposed to construct their own pond area. T his created two storm water ponds in close proximity, with a berm between them. To create a more efficient system the two ponds are proposed to be combined, and dedicated in an outlot for the C ity to maintain. Outlot A, the ponding area, is proposed to be 2.5 Acres. Outlot B, will be retained by the Patina property owner on the east side of the site; 3.69 acres that will drain to the expanded ponding area. Outlot C , is west of the Lifeworks site, and south of the Wasatch Storage site and remains available for development. T his Outlot is proposed to have 3.15 acres. Lot 1, Block 1, of Wasatch Apple Valley, is proposed to have 6.32 acres and is the site of the self-storage facility. Zoning: T he property is zoned "I-1" (Limited Industrial). T he Limited Industrial zone permits "auto, marine, and truck storage when completely within a building". T he proposal does not include any exterior storage, which would require a C onditional Use Permit within the zone. Vacation of a Portion of Evendale: To develop the site as proposed a portion of Evendale Way and all drainage and utility easements as part of the Eagle Ridge Business park would be required to be vacated. Additional easements will be dedicated as part of the new Wasatch Apple Valley Plat which will replace any easements the City still requires. Due to the dedication of Outlot A for ponding it is not clear whether the pond area will be required to be dedicated in an easement. T he plat documents will be finalized prior to C ity C ouncil approval. T he public hearing to vacate these easements is scheduled for October 26, 2017. Site Access and Internal Traffic Flow: T he primary site access will remain off of J ohnny C ake Ridge Road through a right-in right- out configuration. T his access has been shifted to the south to allow for a shared access with Outlot C . A cross-access agreement between Lot 1, Block 1, and Outlot C shall be established with the Developer's Agreement. Previously, the building's access was from the west side of the site. Due to the access from J ohnny C ake Ridge Road being shifted to the south to be shared, the access to the building will now be from the east side. Staff believes this creates an improved site flow as the full access to the site will be from Evendale Way. T his allows larger vehicles, such as RV's to utilize a full access road with less traffic. Parking: Self-storage facilities are not a use listed in the city code for parking calculations. Staff has done research on past approved projects and found that the parking demand at such sites is minimal. T he site plans include a proof of parking to meet the parking demand if this facility were utilized as a warehouse facility. A condition of approval will be that a proof of parking agreement is included with the developers agreement for this project. Prior to City C ouncil approval staff has requested that the applicant provide an architectural drawing that updates the count of interior parking spaces. As 87% of the units are accessed from within the building, the majority of the site parking will be inside the building. Based on staff's research the 7 exterior spaces, and the future interior spaces are deemed enough parking for the demand currently. If there are parking issues in the future the proof of parking agreement established with the developer's agreement will address these concerns. Exterior storage, or storage of vehicles is not permitted as part of this application. Stormwater Ponding: T he largest change to the site plan since the public hearing is the stormwater pond configuration. Previously two separate ponds were proposed, but after meeting with C ity staff the applicants have combined the ponds for greater efficiency. Combining the ponds allows for the creation of Outlot A, which will be dedicated to the C ity as a regional stormwater pond. T his efficiency allows for the ponding area to be smaller, and for an area where a C ity well could be constructed in the future. Floor Plan: A conceptual floor plan shows a total of 804 units for rent, with 56 exterior access doors along the northern property line. T he majority of the units are proposed to gain access by entering the building through a drive-in door. T he interior building has a 35' wide drive aisle, for one way movements, allowing renters access to units served off the main drive. 87% of the units will be accessed from the interior of the building. Several units are large enough for RV or large boat storage with a mix between 12' x 30' to several 12' x 40' units and will not be climate controlled like the rest of the facility. Structure and Elevations: T he 125,000 sq. ft. facility is proposed to be climate controlled with entry to private storage units from the interior of the structure and via overhead exterior doors. T he proposed materials are of corrugated metal panels, and split face masonry. T he colors of the structure are generally consistent with the surrounding architecture of the industrial zone. Comments from neighbors at the public hearing expressed concern for the bright red doors adjacent to the residential properties to the north. To address these concerns the applicant has agreed to change the color of the doors to a more subdued grey color. T his is reflected in the new elevations attached. Landscape Plan: T he application included a landscape plan which shows a total of 64 trees, and a variety of shrubs and prairie grasses. City code requires 1.5% of the total project cost to be included as landscaping. A bid list will be provided prior to the issuance of a building permit. A review memo by the N atural Resources C oordinator is attached to the Engineering report. Staff made the suggestion that some landscaping be included on the south side of the lot as well, which the applicant has added as part of their updated landscaping plan. Impervious Surface C overage: T he Limited Industrial zone does not have a maximum impervious surface coverage, but does require a maximum building coverage not exceed 45% of the lot. With the changes to the lot line to create the stormwater pond outlot the building coverage has increased from 41% to approximately 45%. T he site plan needs to be clarified to show the correct square feet of the building, as there are currently two listed. O nce this is completed the park dedication for the site can be finalized. A draft condition has been included in this report that may be altered depending on the actual building size. Responses to Public Hearing Comments: T he public hearing was held on September 20, 2017. Below is a summary of the questions and comments, along with staff responses. 1. A preference for the trees along the north side of the lot to be staggered to better screen the structure. Staff response: T he landscape plan has been reviewed by the natural resource coordinator and found to be an excellent screen. T he mix of deciduous and conifer trees are staggered along the northern property line and at full growth will more then screen the structure. 2. A concern for the bright color of the red doors adjacent to residential properties being too visible. Staff response: T he C ity Attorney has stated that without an application for an item that would require mitigating factors the C ity is unable to require that the door color be changed. However, the applicant is seeking to be a good neighbor and has changed the door color to a grey color along the northern property line. T here are residential properties to the east as well, however the distance to these properties is a much greater distance. 3. A neighbor would like to see the access from J ohnny C ake Ridge Road moved to the south rather than the location currently shown on the plan. Staff response: Staff also made the condition that this access be moved to the south. T he updated site plan has the location with suitable distance separation between the two intersections. 4. A concern was raised about the noise of the air conditioning units and whether the neighbors would hear them. Staff response: T he units will be screened per City code, which will assist with deflecting any noise. Should there be any noise issues they can be addressed as a code violation. However, the units on this structure will be similar to a commercial air handler which have not had impacts in other areas of the C ity where they are adjacent to residential. 5. Additional explanation on the lighting, particularly where it is adjacent to residential properties. Staff response: T he applicant's photometric plan shows a zero light measure adjacent to residential properties, which is below the code requirement of .5 foot candles. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Aerial Photo Exhibit Exhibit F inal Plat Preliminary P lat F inal Plat Site P lan L andscaping P lan Elevations Applicant L etter Presentation 144TH ST W JOHNNY CAKE RIDGE RDUPPER 147TH ST W EVENDALE WAYEVEREST AVEUPPER 147TH ST W 144TH ST W Wasatch Storage Partners Self-Storage Application Site µ LOCATION MAP ^ N LOUCKS W:\2007\07112I\CADD DATA\SURVEY\S07112I-PLATPlotted: 10 /11 / 2017 9:25 AM7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL SUBMITTAL/REVISIONS PROFESSIONAL SIGNATURE QUALITY CONTROL CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. CADD QUALIFICATION APPLE VALLEY WASATCH APPLE VALLEY, MN WASATCH STORAGE 131 S. 700 E. SUITE 102 AMERICAN FORK, UT 84003 PRELIMINARY PLAT 1-1 License No. Date I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of VICINITY MAP Field Crew Henry D. Nelson - PLS 17255 Project Lead Drawn By Checked By Loucks Project No. Minnesota. 07112I HDN NRS HDN SCALE IN FEET 0 50 100 08/08/17 SURVEY ISSUED 08/22/17 REVISED PER COMMENTS 10/11/17 LOT LAYOUT 08/08/2017 DESCRIPTION OF PROPERTY SURVEYED (Per Commitment for Title Insurance issued by Fidelity National Title, Commitment No. 239452, effective date May 10, 2017.) Outlot A, Eagle Ridge Business Park, Dakota County, Minnesota. Abstract Property AND That part of Evendale Way, as dedicated in the plat of EAGLE RIDGE BUSINESS PARK, according to the recorded plat thereof, Dakota County, Minnesota, lying northwesterly of the following described line: Beginning at the northwest corner of Lot 1, Block 1, said EAGLE RIDGE BUSINESS PARK; thence North 73 degrees 01 minutes 52 seconds East, on an assumed bearing along the northerly line of said Lot 1, a distance of 160.59 feet to a point of curve in said northerly line; thence easterly and southeasterly a distance of 113.76 feet, along said northerly line, to the point of beginning of the line to be described; thence North 73 degrees 01 minutes 52 seconds East, not tangent to said curve, to the easterly line of said Evendale Way and said line there terminating. PRELIMINARY PLAT GENERAL NOTES GOPHER ONE: We have shown underground utilities on and/or serving the surveyed property per Gopher State One-Call Ticket Nos. 171530375 and 171530492. The following utilities and municipalities were notified: CITY OF APPLE VALLEY - (952)953-2441 CITY OF APPLE VALLEY - (763)605-0042 DAKOTA ELECTRIC - (651)463-6268 FRONTIER COMMUNICATIONS - (800)778-9140 INDEPENDENT SCHOOL 196 - (320)963-2400 KOCH PIPELINE CO LP - (800)688-7594 MCI - (800)624-9675 CENTER POINT ENERGY - (406)541-9571 CHARTER COMM - (800)778-9140 XCEL ENERGY - (651)229-2427 MAGELLAN MIDSTREAM PARTNERS - (918)574-7098 i.Utility operators do not consistently respond to locate requests through the Gopher State One Call service for surveying purposes such as this. Those utility operators that do respond, often will not locate utilities from their main line to the customer's structure or facility. They consider those utilities “private” installations that are outside their jurisdiction. These “private” utilities on the surveyed property or adjoining properties, may not be located since most operators will not mark such "private" utilities. A private utility locator may be contacted to investigate these utilities further, if requested by the client. ii.The locations of underground utility lines shown hereon is an approximation based on available maps, unless otherwise noted on the survey. iii.Maps provided by those notified above, either along with a field location or in lieu of such a location, are very often inaccurate or inconclusive. EXTREME CAUTION MUST BE EXERCISED BEFORE AN EXCAVATION TAKES PLACE ON OR NEAR THIS SITE. BEFORE DIGGING, YOU ARE REQUIRED BY LAW TO NOTIFY GOPHER STATE ONE CALL AT LEAST 48 HOURS IN ADVANCE AT 811 or (651) 454-0002. BENCHMARK: Top Nut of Hydrant located south of the southeast property corner on the south side of upper 147th Street W. Elev. = 981.25 (City of Apple Valley Datum) EXISTING ZONING: Zone (I-1) Limited Industrial AREAS: Lot 1, Block 1 275,401 Sq Ft. or 6.32 Acres Outlot A 108,763 Sq Ft. or 2.50 Acres Outlot B 160,958 Sq Ft. or 3.69 Acres Outlot C 137,057 Sq Ft. or 3.15 Acres New Right of way 7,967 Sq Ft. or 0.18 Acres Total Plat Area 690,146 Sq Ft. or 15.84 Acres FLOOD ZONE DESIGNATION: This property is contained in Flood Insurance Rate Map, Community Panel No. 27037C0210E, and is a non-printed panel (no special flood hazard areas). NOTES: 1.Part of the dedicated Evandale Way is proposed to be vacated. 2.All drainage and utility easements dedicated in Outlot A, EAGLE RIDGE BUSINESS PARK are proposed to be vacated and new drainage and utility easements to be dedicated in the plat of APPLE VALLEY WASATCH. LOUCKS N SCALE IN FEET 0 50 SITE N SU-40 AASHTO 2011 (US)SU-40AASHTO 2011 (US)SU-40AASHTO 2011 (US)SU-40AASHTO 2011 (US)28.0' 55.0'50.0' PROPOSED STORAGE FACILITY 124,900 SF25.0' 45.0' 24.0' 36.0'GATEGATE65.0' 24.0' 9.0' TYP. 20'R 30'R 30'R 50'R 125'R 100'R 25.0' 200'R 100'R 100'R 15'R 3'R 5'R 3'R 15'R 20.0' 60.0' 50.0' 20.0' 18.5' TYP. 5' WIDE CONCRETE SIDEWALK 5.0' 10.0' CUL-DE-SAC IMPROVEMENTS (PLANS BY CITY) PROOF OF PARKING PROOF OF PARKING PROOF OF PARKINGTRASH ENCLOSURE BOLLARD (TYP.) H.C. SIGNAGE (ON BUILDING) 9' CURB TAPER 9' CURB TAPER FLUSH CURB (SEE DETAIL) B612 CURB AND GUTTER (TYP.) B612 CURB AND GUTTER (TYP.) CURB/GUTTER (PER CITY STANDARDS) BITUMINOUS PAVEMENT (PLANS BY CITY) TRANSITION FROM CITY CURB/GUTTER TO B612 CURB/GUTTER PROPOSED PROPERTY LINE 6' HIGH BLACK VINYL COATED CHAIN LINK FENCE PROPOSED PYLON SIGN PARKING SETBACK LINE BUILDING SETBACK LINE 6' HIGH BLACK VINYL COATED CHAIN LINK FENCE 6' HIGH BLACK VINYL COATED CHAIN LINK FENCE 15.0' 15.0' FUTURE DRAINAGE AND UTILITY EASEMENT 100.0' 100.0' FUTURE EASEMENT FOR WELL SITE EXPANDED POND 30'R 30'RCONCRETE DRIVEWAY (SEE DETAIL) 30.0' R47.0' R53.1' R50.0' R44.6' 270.1' 380.4' CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. CADD QUALIFICATION LOUCKS W:\2007\07112I\CADD DATA\CIVIL\_dwg Sheet Files\C2-1Plotted: 10 /10 / 2017 4:6 PM7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL SUBMITTAL/REVISIONS PROFESSIONAL SIGNATURE QUALITY CONTROL WASATCH STORAGE FACILITY APPLE VALLEY, MN WASATCH STORAGE PARTNERS 08/23/17 CITY SUBMITTAL 10/5/17 REVISED CITY SUBMITTAL 10/10/17 REVISED CITY SUBMITTAL C1-1 DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING PLAN C3-2 SWPPP C3-3 SWPPP C4-1 UTILITY PLAN C8-1 CIVIL DETAILS C8-2 CIVIL DETAILS L1-1 LANDSCAPE PLAN L1-2 LANDSCAPE DETAILS PH-1 PHOTOMETRICS PLAN Review Date SHEET INDEX License No. Date I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jonathan J. Donovan - PE 44613 Project Lead Drawn By Checked By Loucks Project No.07112-0I JJD DDL JJD 08/23/17 -- SITE PLAN C2-1 SITE PLAN GENERAL NOTES 1.SETBACKS: FRONT BUILDING SETBACK = 50 FT FRONT PARKING SETBACK = 20 FT. SIDE BUILDING SETBACK = 10 FT.SIDE PARKING/RESIDENTIAL = 5 SIDE BUILDING SETBACK/RESIDENTIAL = 60 FT.SIDE PARKING/RESIDENTIAL = 20 REAR BUILDING SETBACK = 10 FT.REAR REAR SETBACK = 5 FT. 2.ZONING EXISTING ZONING = I-2 PROPOSED ZONING = I-2 3. PARKING SUMMARY REGULAR STALLS = 5 HANDICAP STALLS =2 STALLS AT STORAGE DOOR = 99 PROOF OF PARKING STALLS =58 TOTAL PARKING PROPOSED =164 TOTAL PARKING REQUIRED =164 4. AREA TOTAL SITE AREA = 276,087 SQ.FT. = 6.34 AC. EXISTING IMPERVIOUS SURFACE AREA =0 SQ.FT. OR 0 AC. = 0.0% EXISTING PERVIOUS SURFACE AREA = 276,087 SQ.FT. OR 7.07AC. = 100.0% PROPOSED IMPERVIOUS SURFACE AREA = 209,970 SQ.FT. OR 4.82 AC. = 76% PROPOSED PERVIOUS SURFACE AREA = 66,117 SQ.FT. = 1.52 AC. = 24% BUILDING AREA = 122,200 SQ. FT. BUILDING COVERAGE = 44% 5. ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND INSTALLED IN ACCORDANCE WITH THE DETAILS SHOWN PER SHEET C8-1 AND THE REQUIREMENTS OF THE CITY. 6. THE CITY DEPARTMENT OF ENGINEERING AND BUILDING INSPECTIONS DEPT. AND THE CONSTRUCTION ENGINEER SHALL BE NOTIFIED AT LEAST 48 HOURS PRIOR TO ANY WORK WITHIN THE STREET RIGHT OF WAY (SIDEWALK, STREET OR DRIVEWAYS) 7. MINNESOTA STATE STATUTE REQUIRES NOTIFICATION PER "GOPHER STATE ONE CALL" PRIOR TO COMMENCING ANY GRADING, EXCAVATION OR UNDERGROUND WORK. 8. SEE CONTRACT SPECIFICATIONS FOR ANY REMOVAL DETAILS. 9. ANY SIGN OR FIXTURES REMOVED WITH IN THE RIGHT OF WAY OR AS PART OF THE SITE WORK SHALL BE REPLACED BY THE CONTRACTOR IN ACCORDANCE WITH THE CITY REQUIREMENTS. THE CONTRACTOR SHALL PRESERVE AND MAINTAIN ANY EXISTING STREET LIGHTS AND TRAFFIC SIGNS PER THE REQUIREMENTS OF THE CITY. 10.CLEAR AND GRUB AND REMOVE ALL TREES, VEGETATION AND SITE DEBRIS PRIOR TO GRADING. ALL REMOVED MATERIAL SHALL BE HAULED FROM THE SITE DAILY. ALL CLEARING AND GRUBBING AND REMOVALS SHALL BE PERFORMED PER THE CONTRACT SPECIFICATIONS. EROSION CONTROL MEASURES SHALL BE IMMEDIATELY ESTABLISHED UPON REMOVAL. (SEE SHEET C3-1) 11.THE CONTRACTOR SHALL BE REQUIRED TO OBTAIN ALL PERMITS FROM THE CITY AS REQUIRED FOR ALL WORK WITH THE STREET AND PUBLIC RIGHT OF WAY. 12.A SIGNIFICANT PORTION OF SITE IMPROVEMENTS NOT SHOWN ON THIS SHEET ARE DESCRIBED AND PROVIDED IN FURTHER DETAIL ON THE ARCHITECTURAL AND LANDSCAPE PLANS. THIS INCLUDES LANDSCAPING, LIGHTING AND OTHER FIXTURES. 13.B612 CONCRETE CURB AND GUTTER SHALL BE INSTALLED AT THE EDGE OF ALL COMMON DRIVES AND PARKING LOTS. B618 CONCRETE CURB AND GUTTER S HALL BE INSTALLED IN PORTION OF PUBLIC IMPROVEMENTS PROJECT IN EVENDALE WAY. 14.THE CONTRACTOR SHALL SAW-CUT BITUMINOUS AND CONCRETE PAVEMENTS AS REQUIRED PER THE SPECIFICATIONS. REMOVE EXISTING CURB AND GUTTER AND INSTALL B618 CONCRETE CURB AND GUTTER. 15.SEE SHEETS C3-1 AND C4-1 FOR GRADING AND UTILITIES. WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. Gopher State One Call SCALE IN FEET 0 40 80 N 73 PAVMENT LEGEND BITUMINOUS PAVEMENT (PRIVATE DEVELOPMENT) BITUMINOUS PAVEMENT (PUBLIC IMPROVEMENT) STANDARD CONCRETE HEAVY DUTY CONCRETE FUTURE DRIVE CONNECTION CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. CADD QUALIFICATION LOUCKS W:\2007\07112I\CADD DATA\LANDSCAPE\_dwg Sheet Files\07112I L1-1 Landscape PlanPlotted: 10 /05 / 2017 12:29 PM7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL SUBMITTAL/REVISIONS PROFESSIONAL SIGNATURE QUALITY CONTROL WASATCH STORAGE FACILITY APPLE VALLEY, MN WASATCH STORAGE PARTNERS 08/23/17 CITY SUBMITTAL 10/5/17 REVISED CITY SUBMITTAL C1-1 DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING PLAN C3-2 SWPPP C3-3 SWPPP C4-1 UTILITY PLAN C8-1 CIVIL DETAILS C8-2 CIVIL DETAILS L1-1 LANDSCAPE PLAN L1-2 LANDSCAPE DETAILS PH-1 PHOTOMETRICS PLAN Review Date SHEET INDEX License No. Date I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. Gregory A. Johnson - LA Project Lead Drawn By Checked By Loucks Project No. 24610WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. SCALE IN FEET 0 40 80 N PERENNIAL PLANTING SCALE: 3/4" = 1'-0" SCALE: 3/4" = 1'-0" SHRUB PLANTING DETAIL SHRUBS TO BE PLACED SO THAT TOP OF CONTAINER SITS FLUSH WITH PROPOSED GRADE. MULCH - 3" DEPTH - SEE NOTES OR SPEC. LANDSCAPE FABRIC - SEE NOTES OR SPEC. EDGING MATERIAL - SEE NOTES OR SPEC. EDGE VARIES - REFER TO PLAN PLANTING SOIL - SEE NOTES OR SPEC. LOOSEN ROOTS OF ALL CONTAINERIZED PLANTS. SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANTINGBUILDING WALL(TYP)DECIDUOUS TREE PLANTING DETAIL SCALE: 1/2" = 1'-0" CONTRACTOR IS RESPONSIBLE FOR TESTING PERCOLATION RATES PRIOR TO PLANTING. NOTIFY LANDSCAPE ARCHITECT IMMEDIATELY IF POOR DRAINAGE EXISTS. SET PLANT ON UNDISTURBED NATIVE SOIL SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANTING EDGE VARIES - SEE PLAN MULCH - 4" DEEP. NO MULCH IN CONTACT WITH TRUNK - SEE NOTES OR SPECS. ROOT FLARE EVEN WITH OR JUST ABOVE GRADE. TREE WRAP TO FIRST BRANCH WATER TREE THOROUGHLY DURING PLANTING OPERATIONS. PLACE BACKFILL IN 8-12" LIFTS AND SATURATE SOIL WITH WATER. DO NOT COMPACT MORE THAN NECESSARY TO MAINTAIN PLUMB. CUT BACK WIRE BASKET PRUNE DAMAGED AND CROSSING BRANCHES AFTER PLANTING IS COMPLETE. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING ALL TREES IN A PLUMB POSITION THROUGH THE WARRANTY PERIOD. STAKING IS SUGGESTED, BUT NOT REQUIRED. ANY STAKING MUST CONFORM WITH PRACTICES AS DEFINED IN A.N.A. GUIDELINES FOR STANDARD PRACTICES BACKFILL WITH IN SITU TOPSOIL CONIFEROUS TREE PLANTING DETAIL SCALE: 1/2" = 1'-0" THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING ALL TREES IN A PLUMB POSITION THROUGH THE WARRANTY PERIOD. STAKING IS SUGGESTED, BUT NOT REQUIRED. ANY STAKING MUST CONFORM WITH PRACTICES AS DEFINED IN A.N.A. GUIDELINES FOR STANDARD PRACTICES. PRUNE ANY DAMAGED BRANCHES AFTER PLANTING IS COMPLETE. BACKFILL WITH IN SITU TOPSOIL EDGE VARIES - SEE PLAN CONTRACTOR IS RESPONSIBLE FOR TESTING PERCOLATION RATES PRIOR TO PLANTING. NOTIFY LANDSCAPE ARCHITECT IMMEDIATELY IF POOR DRAINAGE EXISTS. ROOT BALL SET ON UNDISTURBED SUBGRADE SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANTING WATER TREE THOROUGHLY DURING PLANTING OPERATIONS. PLACE BACKFILL IN 8-12" LIFTS AND SATURATE SOIL WITH WATER. DO NOT COMPACT MORE THAN NECESSARY TO MAINTAIN PLUMB. MULCH - 4" DEEP - SEE NOTES OR SPECS. MULCH MUST NOT BE IN CONTACT WITH TRUNK.BUILDING WALL(TYP)MULCH - 3" MIN. DEPTH - SEE NOTES OR SPECS. GENERAL NOTES CONTRACTOR SHALL VISIT SITE PRIOR TO SUBMITTING BID. HE SHALL INSPECT SITE AND BECOME FAMILIAR WITH EXISTING CONDITIONS RELATING TO THE NATURE AND SCOPE OF WORK. VERIFY LAYOUT AND ANY DIMENSIONS SHOWN AND BRING TO THE ATTENTION OF THE LANDSCAPE ARCHITECT ANY DISCREPANCIES WHICH MAY COMPROMISE THE DESIGN AND/OR INTENT OF THE PROJECT'S LAYOUT. ASSURE COMPLIANCE WITH ALL APPLICABLE CODES AND REGULATIONS GOVERNING THE WORK OR MATERIALS SUPPLIED. CONTRACTOR SHALL PROTECT ALL EXISTING ROADS, CURBS/GUTTERS, TRAILS, TREES, LAWNS AND SITE ELEMENTS DURING PLANTING OPERATIONS. ANY DAMAGE TO SAME SHALL BE REPAIRED AT NO COST TO THE OWNER. CONTRACTOR SHALL VERIFY ALIGNMENT AND LOCATION OF ALL UNDERGROUND AND ABOVE GRADE UTILITIES AND PROVIDE THE NECESSARY PROTECTION FOR SAME BEFORE CONSTRUCTION / MATERIAL INSTALLATION BEGINS (MINIMUM 10' - 0" CLEARANCE). ALL UNDERGROUND UTILITIES SHALL BE LAID SO THAT TRENCHES DO NOT CUT THROUGH ROOT SYSTEMS OF ANY EXISTING TREES TO REMAIN. EXISTING CONTOURS, TRAILS, VEGETATION, CURB/GUTTER AND OTHER EXISTING ELEMENTS BASED UPON INFORMATION SUPPLIED TO LANDSCAPE ARCHITECT BY OTHERS. CONTRACTOR SHALL VERIFY ANY AND ALL DISCREPANCIES PRIOR TO CONSTRUCTION AND NOTIFY LANDSCAPE ARCHITECT OF SAME. THE ALIGNMENT AND GRADES OF THE PROPOSED WALKS, TRAILS AND/OR ROADWAYS ARE SUBJECT TO FIELD ADJUSTMENT REQUIRED TO CONFORM TO LOCALIZED TOPOGRAPHIC CONDITIONS AND TO MINIMIZE TREE REMOVAL AND GRADING. ANY CHANGE IN ALIGNMENT MUST BE APPROVED BY LANDSCAPE ARCHITECT. LANDSCAPE INSTALLATION COORDINATE THE PHASES OF CONSTRUCTION AND PLANTING INSTALLATION WITH OTHER CONTRACTORS WORKING ON SITE. NO PLANTING WILL BE INSTALLED UNTIL COMPLETE GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THE IMMEDIATE AREA. WHERE SOD/SEED ABUTS PAVED SURFACES, FINISHED GRADE OF SOD/SEED SHALL BE HELD 1" BELOW SURFACE ELEVATION OF TRAIL, SLAB, CURB, ETC. SEED ALL AREAS DISTURBED DUE TO GRADING OTHER THAN THOSE AREAS NOTED TO RECEIVE SOD. MULCH FOR TURF SEEDED AREAS SHALL BE TYPE 5 WOOD FIBER HYDROMULCH CONFORMING WITH MNDOT 3884. MULCH FOR SEEDED AREAS WITH SLOPES 15% OR GREATER SHALL BE MNDOT CATEGORY 1, STRAW RD 1S BLANKET CONFORMING WITH MNDOT 3885. SOD ALL DESIGNATED AREAS DISTURBED DUE TO GRADING. SOD SHALL BE LAID PARALLEL TO THE CONTOURS AND SHALL HAVE STAGGERED JOINTS. ON SLOPES STEEPER THAN 3:1 OR IN DRAINAGE SWALES, THE SOD SHALL BE STAKED TO THE GROUND. ALL PLANT MATERIAL SHALL COMPLY WITH THE LATEST EDITION OF THE AMERICAN STANDARD FOR NURSERY STOCK, AMERICAN ASSOCIATION OF NURSERYMEN. UNLESS NOTED OTHERWISE, ALL SHRUBS SHALL HAVE AT LEAST 5 CANES AT THE SPECIFIED MINIMUM SHRUB HEIGHT OR WIDTH. ORNAMENTAL TREES SHALL HAVE NO V-CROTCHES AND SHALL BEGIN BRANCHING NO LOWER THAN 3' ABOVE ROOT BALL. STREET AND BOULEVARD TREES SHALL BEGIN BRANCHING NO LOWER THAN 5' ABOVE FINISHED GRADE. ANY CONIFEROUS TREE PREVIOUSLY PRUNED FOR CHRISTMAS TREE SALES SHALL NOT BE USED. ALL CONIFEROUS TREES SHALL BE FULL FORM, NATURAL TO THE SPECIES, WITHOUT PRUNING. PLAN TAKES PRECEDENCE OVER PLANT SCHEDULE IF DISCREPANCIES IN QUANTITIES EXIST. SPECIFICATIONS TAKE PRECEDENCE OVER NOTES. NO PLANT MATERIAL SUBSTITUTIONS WILL BE ACCEPTED UNLESS APPROVAL IS REQUESTED OF THE LANDSCAPE ARCHITECT BY THE LANDSCAPE CONTRACTOR PRIOR TO THE SUBMISSION OF A BID AND/OR QUOTATION. ALL PROPOSED PLANTS SHALL BE LOCATED AND STAKED AS SHOWN ON PLAN. ADJUSTMENTS IN LOCATION OF PROPOSED PLANT MATERIALS MAY BE NEEDED IN FIELD. SHOULD AN ADJUSTMENT BE ADVISED, THE LANDSCAPE ARCHITECT MUST BE NOTIFIED. ALL PLANT MATERIALS SHALL BE FERTILIZED UPON INSTALLATION WITH A 27-3-3 SLOW RELEASE FERTILIZER MIXED IN WITH THE PLANTING SOIL PER THE MANUFACTURER'S INSTRUCTIONS. PLANTS MAY BE TREATED FOR SUMMER AND FALL INSTALLATION WITH AN APPLICATION OF GRANULAR 27-3-3 AT 6 OZ PER 2.5" CALIPER PER TREE AND 3 OZ PER SHRUB WITH AN ADDITIONAL APPLICATION OF 27-3-3 THE FOLLOWING SPRING IN THE TREE SAUCER. ALL PLANTING AREAS RECEIVING GROUND COVER, PERENNIALS, ANNUALS, AND/OR VINES SHALL RECEIVE A MINIMUM OF 12" DEPTH OF PLANTING SOIL CONSISTING OF AT LEAST 45 PARTS TOPSOIL, 45 PARTS PEAT OR MANURE AND 10 PARTS SAND. ALL PLANTS TO BE INSTALLED AS PER PLANTING DETAILS. REMOVE ALL FLAGGING AND LABELS FROM PLANTS. WRAPPING MATERIAL SHALL BE CORRUGATED PVC PIPING 1" GREATER IN CALIPER THAN THE TREE BEING PROTECTED OR QUALITY, HEAVY, WATERPROOF CREPE PAPER MANUFACTURED FOR THIS PURPOSE. WRAP ALL DECIDUOUS TREES PLANTED IN THE FALL PRIOR TO 12-1 AND REMOVE ALL WRAPPING AFTER 5-1. COMMERCIAL GRADE 5" BLACK METAL EDGER TO BE USED TO CONTAIN SHRUBS, PERENNIALS, AND ANNUALS WHERE BED MEETS SOD/SEED UNLESS NOTED OTHERWISE. MULCH SHALL BE CLEAN SHREDDED HARDWOOD MULCH WITH UNIFORM PIECE SIZE. ALL ANNUAL AND PERENNIAL BEDS TO RECIEVE 3" OF MULCH WITH NO WEED BARRIER. ALL SHRUB BED MASSINGS TO RECEIVE 3" DEEP MULCH WTH A FIBER MAT WEED BARRIER. ALL TREES NOT IN PLANTING BEDS TO RECEIVE 4" DEEP MULCH WITH NO MULCH IN DIRECT CONTACT WITH TREE TRUNK. SPREAD GRANULAR PRE EMERGENT HERBICIDE (PREEN OR EQUAL) PER MANUFACTURER'S RECOMMENDATIONS UNDER ALL MULCHED AREAS. MAINTENANCE STRIPS TO HAVE EDGER AND MULCH AS SPECIFIED/INDICATED ON DRAWING OR IN SPECIFICATION. ROCK MULCH SHALL BE 1"-1-1/2" GREY TRAP ROCK, 4" DEEP OVER A FIBER MAT WEED BARRIER. IF THE LANDSCAPE CONTRACTOR IS CONCERNED OR PERCEIVES ANY DEFICIENCIES IN THE PLANT SELECTIONS, SOIL CONDITIONS OR ANY OTHER SITE CONDITION WHICH MIGHT NEGATIVELY AFFECT PLANT ESTABLISHMENT, SURVIVAL OR GUARANTEE, HE MUST BRING THESE DEFICIENCIES TO THE ATTENTION OF THE LANDSCAPE ARCHITECT PRIOR TO PROCUREMENT AND/OR INSTALLATION. CONTRACTOR SHALL SUBMIT A WRITTEN REQUEST FOR THE OWNER ACCEPTANCE INSPECTION OF ALL LANDSCAPE AND SITE IMPROVEMENTS. CONTRACTOR IS RESPONSIBLE FOR ON-GOING MAINTENANCE OF ALL NEWLY INSTALLED MATERIALS UNTIL TIME OF OWNER ACCEPTANCE. ANY ACTS OF VANDALISM OR DAMAGE WHICH MAY OCCUR PRIOR TO OWNER ACCEPTANCE SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. CONTRACTOR SHALL PROVIDE THE OWNER WITH A MAINTENANCE PROGRAM INCLUDING, BUT NOT NECESSARILY LIMITED TO, PRUNING, FERTILIZATION AND DISEASE/PEST CONTROL. CONTRACTOR SHALL GUARANTEE NEW PLANT MATERIAL THROUGH ONE CALENDAR YEAR FROM THE DATE OF OWNER ACCEPTANCE. WARRANTY (ONE FULL GROWING SEASON) FOR LANDSCAPE MATERIALS SHALL BEGIN ON THE DATE OF ACCEPTANCE BY THE LANDSCAPE ARCHITECT AFTER THE COMPLETION OF PLANTING OF ALL LANDSCAPE MATERIALS. NO PARTIAL ACCEPTANCE WILL BE CONSIDERED. UNLESS NOTED OTHERWISE THE APPROPRIATE DATES FOR SPRING PLANT MATERIAL INSTALLATION AND SEED/SOD PLACEMENT IS FROM THE TIME GROUND HAS THAWED TO JUNE 15. FALL SODDING IS GENERALLY ACCEPTABLE FROM AUGUST 15 - NOVEMBER 1. FALL SEEDING FROM AUGUST 15 - SEPTEMBER 15; DORMANT SEEDING IN THE FALL SHALL NOT OCCUR PRIOR TO NOVEMBER 1. FALL CONIFEROUS PLANTING MAY OCCUR FROM AUGUST 15 - OCTOBER 1 AND DECIDUOUS PLANTING FROM THE FIRST FROST UNTIL NOVEMBER 15. PLANTING OUTSIDE THESE DATES IS NOT RECOMMENDED. ANY ADJUSTMENT MUST BE APPROVED IN WRITING BY THE LANDSCAPE ARCHITECT. LANDSCAPE CONTRACTOR SHALL ESTABLISH TO HIS SATISFACTION THAT SOIL AND COMPACTION CONDITIONS ARE ADEQUATE TO ALLOW FOR PROPER DRAINAGE AT AND AROUND THE BUILDING SITE. IRRIGATION NOTES VERIFY EXISTING AND PROPOSED IRRIGATION SYSTEM LAYOUT AND CONFIRM COMPLETE LIMITS OF IRRIGATION PRIOR TO SUPPLYING SHOP DRAWINGS. LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AN IRRIGATION LAYOUT PLAN AND SPECIFICATION AS A PART OF THE SCOPE OF WORK WHEN BIDDING. THESE SHALL BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO ORDER AND/OR INSTALLATION. IT SHALL BE THE LANDSCAPE CONTRACTOR'S RESPONSIBILITY TO INSURE THAT ALL SODDED/SEEDED AND PLANTED AREAS ARE IRRIGATED PROPERLY, INCLUDING THOSE AREAS DIRECTLY AROUND AND ABUTTING BUILDING FOUNDATION. THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE OWNER WITH AN IRRIGATION SCHEDULE APPROPRIATE TO THE PROJECT SITE CONDITIONS AND TO PLANT MATERIAL GROWTH REQUIREMENTS. IRRIGATION SYSTEM SHALL NOT ACROSS PAVEMENT. THE SYSTEM SHALL INCORPORATE A RAIN SENSOR INTO IRRIGATION SYSTEM IF A RAIN SYSTEM IS NOT ALREADY INSTALLED ON THE EXISTING SYSTEM. PLANTINGS OUTSIDE THE LIMITS OF IRRIGATION ARE TO BE WATERED REGULARLY UNTIL PLANTING/SOD/SEED HAS BEEN ESTABLISHED. GROUNDCOVER LEGEND MNDOT NATIVE SEED MIX 33-261 STORMWATER LANDSCAPE LEGEND OVERSTORY TREES ORNAMENTAL TREES CONIFEROUS SHRUBS DECIDUOUS SHRUBS GRASSES / PERENNIALS IRRIGATION LIMITS ROCK MULCH - 1-1/2" GREY TRAP ROCK 4" DEPTH MNDOT NATIVE SEED MIX 35-241 MESIC PRAIRIE GENERAL MNDOT SEED MIX 25-131 LOW MAINTENANCE TURF 2-1/2" CAL B.B.COMMON HACKBERRY Celtis occidentalisCH BLACK HILLS SPRUCE Picea glauca densataBH 6' HT CONIFEROUS TREES COLORADO SPRUCE Picea pungensCS 6' HT SIZECOMMON NAME SCIENTIFIC NAMEQTYKEY COMMENTS 2-1/2" CAL B.B.BL BOULEVARD LINDEN 2-1/2" CAL B.B.RED SUNSET MAPLE Acer rubrum 'Franksred'RS Tilia americana 'Boulevard' OVERSTORY TREES AUSTRIAN PINE Pinus nigraAP 6' HT SPRING SNOW CRABAPPLE Malus 'Spring Snow'SS ORNAMENTAL TREES PRAIRIE ROSE CRABAPPLE Malus 'Prairie Rose'PR 1-1/2" CAL B.B. 1-1/2" CAL B.B. 7 3 3 2 4 6 10 10 H 50-60' W 25-30' H 45' W 35' H 50-75' W 50' H 25-30' W 15-20' H 20' W 20' H 30-40' W 20-30' H 40-60' W 15-30' H 50-60' W 30-40' GRASSES / PERENNIALS DECIDUOUS SHRUBS TOR SPIREA Spirea betulifolia 'Tor'TS #5 CONT KARL FOERSTER GRASS Calamagrostis aculiflora 'Karl Foerster'KF #1 CONT 35 34 24" O.C. H 3' W 3' (clump H 6') WHITE PINE Pinus strobusWP 6' HT10 H 50-80' W 30-40' LANDSCAPE PLAN L1-1 SOD / TOPSOIL - SEE NOTES PROPOSED SIGNEDGINGEDGING 2-1/2" CAL B.B.PIN OAK Quercus ellipsoidalisPO4 H 50-75' W 50' DWARF EUROPEAN VIBURNUM Viburnum opulus 'Nanum'DV #5 CONT13 H 24" W 2-3' SCANDIA JUNIPER Picea sabina 'Scandia'BH #5 CONT CONIFEROUS SHRUBS 6 H 18" W 3-5' STELLA DE ORO Hemerocallis 'Stella de Oro'SD #1 CONT15 24" O.C. BUILDING CONSTRUCTION VALUATION: $48/SF (124,900 X 50) * 1.5% = $89,928 ESTIMATED LANDSCAPE COST:$90,000 LANDSCAPE REQUIREMENT GRO-LOW FRAGRANT SUMAC Rhus aromatica 'Gro-Low'GL #5 CONT24 H 24" W 6-8'' PINK SPIRES CRABAPPLE Malus 'Pink spires'PS 1-1/2" CAL B.B.5 H 15' W 12' TECHNITO ARBORVITAE Thuja occidentalis 'BaiJohn' (PP15,850)TN #5 CONT24 H 8-10' W 4-5' 131 S 700 E SUITE 102AMERICAN FORK, UT 84003801 -692 -1474HEAL DESIGN GROUP469-920-0123lance@healdesigngroup.comSEPTEMBER 29, 2017CONCEPTUAL EXTERIOR VIEWAPPLE VALLEY, MNARGOSSW 7065POSITIVE REDSW 6868NEBULOUS WHITESW 7063GALVALUMEACRYLIC COATEDCITY SCAPESW 7067IRON ORESW 7069 MASONRY -SPLIT FACEEXTERIOR LIGHTINGMETAL PANELS (BEYOND)ROOF (BEYOND)MASONRY -SPLIT FACEMETAL PANELSMETAL STORAGE UNIT DOORSMETAL STORAGE UNIT DOORSMETAL TRIMEXTERIOR LIGHTINGMASONRY -SPLIT FACECORRUGATED METAL PANELSPARAPET BEYONDPARAPET (BEYOND)OVERHEAD EXIT DOORMASONRY -SPLIT FACECORRUGATED METAL PANELSMETAL PANEL (BEYOND)STORAGE UNIT DOORSCORRUGATED METAL PANELSFAUX OVERHEAD DOORSMETAL TRIMSTORE FRONT WINDOWS WITH FAUX DOORS BEHINDMASONRY -SPLIT FACEMETAL PANELSMETAL PANELSMETAL PANELSSTORE FRONT OVERHEAD ENTRY DOORMAX HEIGHT22' -9 1/2"FIN. GRADE0' -0"METAL CANOPY131 S 700 E SUITE 102AMERICAN FORK, UT 84003801 -692 -1474HEAL DESIGN GROUP469-920-0123lance@healdesigngroup.comSEPTEMBER 29, 2017CONCEPTUAL EXTERIOR ELEVATIONSAPPLE VALLEY, MN1/8" = 1'-0"1South Elevation1/8" = 1'-0"2East Elevation1/8" = 1'-0"3North Elevation1/8" = 1'-0"4West Elevation Room Legend5 x 55 x 105 X 157.5 x 1010 x 1010 x 1510 x 15 NC10 x 2010 x 20 NC10 x 3010 x 30 NC12 x 2012 x 2512 x 3012 x 3512 x 40OFFICECalculating...20' - 0"560' - 0"200' - 0"40' - 0"200' - 0"25' - 0"ONE WAYONE WAY131 S 700 E SUITE 102AMERICAN FORK, UT 84003801 -692 -1474HEAL DESIGN GROUP469-920-0123lance@healdesigngroup.comSEPTEMBER 29, 2017CONCEPTUAL UNIT MIX FLOOR PLANAPPLE VALLEY, MN1" = 20'-0"1Level 1 122,200 GROSS SQ.FT. 98,350 RENTABLE SQ.FT. www.loucksinc.com | 55 East Fifth Street, Suite 910, Saint Paul, MN 55101 | 763.424.5505 August 22, 2017 Alex Sharpe City of Apple Valley 7100 147th street West Apple Valley, MN 55124 Re: Wasatch Storage Partners Indoor Storage Facility Application Submittal Dear Mr. Sharpe, On behalf of the applicant, Wasatch Storage Partners, we are submitting for Preliminary and Final Plat, Easement Vacation and Site Plan Review for a new 124,900 square foot public indoor storage facility. The facility is proposed near the northeast corner of Upper 147th Street West and Johnny Cake Ridge Road (“The Site”). The project is a permitted use and is in compliance to city zoning standards. Wasatch Storage Partners is a nationwide self-storage development, acquisitions, and asset management firm. Wasatch Storage Partners specializes in acquiring and developing class A institutional grade storage facilities and works closely with national and regional 3rd party management groups that operate clean, safe and efficient facilities. The team at Wasatch Storage Partners has led private companies, played key roles in public companies, and has extensive expertise in feasibility, development, acquisitions and capital formation. The office hours of operation of the facilities vary from market to market, however Wasatch Storage Partners’ facilities generally operate from 9am-6pm Monday through Saturday, and occasionally have reduced hours of operation on Sunday from 11am to 3pm. A typical facility will have 2-3 employees on site at a given time as well as multiple other behind the scenes employees working on maintenance, website traffic, marketing, etc. The facilities aim to appeal to both residential and commercial customers by providing a wide array of unit sizes. Preliminary/Final Plat and Easement Vacation The Site currently is comprised of two parcels and the platted street Evendale Way. Our site is Outlot A Eagle Ridge Business Park and the second parcel is own by Lifeworks Services (Lot 1 Block 1). The project will subdivide the current Outlot A into three parcels; the proposed storage facility parcel (Lot 1 Block 1) plus two Outlots (A & B). The northern section of Evendale Way, north of the gas easement will be vacated and replaced with a cul-de-sac south of the gas easement. The three new lots will be in a newly created plat titled Apple Valley Wasatch. The proposed application will include a preliminary and final, as well as easement vacations. We are proposing to vacate the northern portion of Evendale Way and the existing drainage and utility easements shown on the underlying plat. We also propose to vacate the 1’ Access Restriction Easement along Johnny Cake Ridge Road. The proposed plat will create the required easements along the new lot lines. Wasatch Storage Apple Valley August 22,2017 Mr. Alex Sharpe Page 2 of 2 Site Plan The proposed site is 7.07 acres. The storage facility is placed along the western side of the site with the stormwater pond placed on the eastern side. Although a regional storm water basin was built for this site previously, an infiltration basin is required due to updated rules. The siting of the stormwater pond to the east was necessary to utilize the rate control capabilities of the existing regional pond located east of the site. The storage facility will consist of multiple size storage units. Access to the units will be from a center drive aisle extending through the entire building. Internal walkways will provide access to units away from the center drive aisle. Access to the facility will be from Johnny Cake Ridge Road and Evendale Way. Access from Johnny Cake Ridge Road will be a right in/right our access. Access from Evendale Way will be a full connection with Upper 147th Street. Traffic generation is minimal due to the non- business hours typically associated with indoor storage facilities. Fire access is available around the building. Parking demands for a storage facility is limited as cars will be utilizing the center drive aisle within the building. We are proposing seven parking stalls along the western side of the building. Two of the stalls will be handicapped accessible. In addition, we have provided another 58 proof-of parking stalls around the building as well as parking at each of the units for a total of 164 parking stalls. The proof-of-parking is shown to ensure that parking will be available if the building is ever used for something else than indoor storage. Landscape & Screening The landscape plan provides a great mix of coniferous and deciduous trees as well as ornamental shrubs around the site and building. We are well aware of the residential homes to the north of the site and placed numerous trees along the northern edge. The trees are a mixture of coniferous and deciduous trees to provide an attractive year-round screen. Boulevard trees are placed along Johnny Cake Ridge Road and ornamental shrubs are up against the building and pylon sign at the southwest corner of the site. A vinyl coated 6-foot high chain link fence will be placed around the site for security purposes. We believe this proposed development will be a great addition for the residents and businesses of Apple Valley. If you have any questions or need additional information, give me (763-496- 6720) or Justin Barnes of Wasatch Storage Partners at (801-692-1474). Sincerely, LOUCKS ASSOCIATES Vicki J. VanDell – P.E. Project Engineer Cc: Wasatch Storage Partners – Justin Barnes 10/26/2017 1 Wasatch Storage Vacation of ROW and D/U Easements Public Hearing City Council 10‐26‐17 Requested Actions •The City Council is asked to hold the public hearing, take all public comments, and close the public hearing. •This item will be on a future City Council agenda 10/26/2017 2 Site Location Site Details 10/26/2017 3 Site Zoning Proposed Vacation Area 10/26/2017 4 Proposed Preliminary Plat Proposed Final Plat 10/26/2017 5 Site Plan Landscape Plan 10/26/2017 6 Concept Elevation Elevations 10/26/2017 7 Conceptual Floor Plan Questions? I T E M: 5.C. C O UNC I L ME E T I NG D AT E:October 26, 2017 S E C T I ON:R egular A genda Description: Adopt Resolution of Support for Dakota County Draf t 2018-2022 Capital I mprovements Plan Staff Contact: Matt Saam, Public Works D irector Department / Division: P ublic Works Department AC T IO N RE Q UE S T E D: Adopt a resolution of support for the Dakota County Draft 2018-2022 C apital Improvements Plan. SUM M ARY: T he C ounty has requested that cities located within Dakota C ounty review the C ounty’s draft 2018-2022 Capital Improvements Plan (C IP) and provide a resolution of support for the plan. BAC K G ROUND: T he County’s proposed C IP identifies several projects located within the City of Apple Valley. The primary projects are listed below: Location Extent Improvement Year C SA H 38 (McAndrews Rd)C SA H 31 (Pilot Knob Rd) to T H3 Roadway Widening from 2-lanes to 3-lanes 2018 C SA H 31 (Pilot Knob Rd) and C SA H 46 (160th St) C SA H 46 from C SA H 5 to Pilot Knob Rd; C SA H 31 from Upper 182nd St to C SA H 32 (Cliff Rd) AT MS (Advanced Traffic Management System) – Signal Timing Upgrades 2018 Apple Valley Transit Station Cedar Ave Transitway (Red Line) Design of Parking Structure Expansion 2018 T H 77 (C edar Ave.)Apple Valley and Eagan Preliminary Design of Future MnPass (3rd) Northbound Lane 2018 C SA H 42 Intersections of: Redwood Dr, Elm Dr, Garden View Dr, Hayes Rd, Pennock Ave, Garrett Ave, Galaxie Ave, and Diamond Path Traffic Signal Rebuilds 2018-2020 C SA H 11 Intersection of C SA H 38 (McAndrews Rd) and 140th St Traffic Signal Rebuild 2019 Palomino Station Cedar Ave Transitway (Red Line) Park/Ride Study and Station Design 2019-2022 C SA H 38 (McAndrews Rd)Apple Valley Repair/Replace Retaining Walls 2020 C SA H 23 (Cedar Ave)Intersection of 140th St Pedestrian Overpass on North Side 2020-2022 C SA H 33 (Diamond Path)Intersection of 140th St Construction of a Roundabout 2020-2022 In addition to commenting on the projects listed above, it is recommended that the C ity also convey to the County these additional thoughts: 1. In reference to the C SA H 42 traffic signal work above, the City does not support the removal of the traffic control signal system at the intersection of Elm Drive. 2. T he C ity requests that Dakota C ounty consider the future construction of an off-street bituminous trail along the south side of C SA H 38 (McAndrews Road) from Galaxie Avenue to Garden View Drive. 3. T he City requests that Dakota County consider the future construction of a grade-separated crossing of C SA H 42 between Flagstaff Avenue and Johnny C ake Ridge Road for the future extension of the North Creek Regional Greenway trail. Greenway trail. 4. T he City requests that the Dakota County Capital Improvement Program include funding for expedited construction of a pedestrian bridge skyway crossing over C SA H 23 (Cedar Avenue) at the 147th Street BRT Station Stop. 5. T he City requests the C ounty add $50,000 in planning funds for a transit station area study in 2018, leveraging the $35,000 the City has received from the Met Council, as the local match from the City. BUD G E T IM PACT: Support of the C ounty’s draft C IP does not specifically financially obligate the City. As projects come forward, specific J oint Power Agreements between the C ity and C ounty will be brought forward for consideration. AT TAC HM E NT S : CI P Map Resolution P resentation Transp - 1 2018 - 2022 CIP - Transportation Capital Improvement Program 9/20/2017 PROJECT Segment PROJECT DESCRIPTION City ANNUAL City FEDERAL STATE CSAH Gravel Tax COUNTY TOTAL PROJECT LEAD PROJECT NO.ROAD Location COST Share & OTHER FUNDS COST AGENCY TYPE 2018 Section PRESERVATION Highway Surface - Bituminous Highway Surface - Bituminous 3,100,000 - - - 1,409,243 200,000 1,490,757 28,560,980 Dakota County Preservation 42-148 CSAH 42 145th St to CSAH 71 (Blaine Ave)Bituminous Mill & Overlay Rosemount 1,900,000 - 1,520,000 - 380,000 - - 1,900,000 Dakota County Preservation 46-47 CSAH 46 CR 46 (Coates) to TH 61 Highway Surface - Bituminous Rsmt, Hastings 4,000,000 - - - 4,000,000 - - 4,000,000 Dakota County Preservation Highway Surface - Gravel 860,000 - - - - - 860,000 4,475,000 Dakota County Preservation Highway Surface - Gravel Spot Locations 50,000 - - - - - 50,000 250,000 Dakota County Preservation Traffic Control Devices Durable Pavement Markings 500,000 - - - - - 500,000 2,500,000 Dakota County Preservation Bike Trail Bike Trail 700,000 - - - - - 700,000 3,500,000 Cities/Others Preservation Storm Sewer System Repair Storm Sewer System Repair 500,000 100,000 - - - - 400,000 2,500,000 Dakota County/Cities Preservation 2018 Preservation Subtotal:11,610,000 100,000 1,520,000 - 5,789,243 200,000 4,000,757 - MANAGEMENT: 5-47 At Burnsville Pkwy, At 136th Street Construction Burnsville 835,000 375,750 - - 459,250 - - 835,000 Dakota County Management 9-54 CSAH 9 At Flagstaff Avenue ROW Acquisition Lakeville 200,000 - - - - - 200,000 1,031,600 Lakeville Management 26-47 CSAH 26 At Trunk Highway 3 - Roundabout Construction Inver Grove Heights 2,650,000 238,500 2,120,000 - 291,500 - - 2,650,000 Dak Co/MN DOT Management 26-52 CSAH 26 At CSAH 43 (Lexington Ave)Construction Eagan 2,650,000 238,500 2,120,000 - 291,500 - - 2,650,000 Dakota County Management 31-87 CSAH 31 CSAH 46 CSAH 31 = Upper 182nd St to CSAH 32, CSAH 46 = CSAH 5 to CSAH 31 Construction - ATMS AV, L'ville, B'ville, Farmgtn, Eagan 1,346,200 121,635 1,075,900 - 148,665 - - 1,346,200 Dakota County Management 32-87 CSAH 32 At Dodd Road Construction (add 2 right turn lanes)Eagan 300,000 135,000 - - 165,000 - - 300,000 Dakota County Management 38-52 CSAH 38 CSAH 31 (Pilot Knob) to TH 3 Construction Apple Valley, Rosemount 2,700,000 699,840 1,144,800 - 855,360 - - 2,700,000 Dakota County Management 42-146 CSAH 42 At TH 55 Intersection Construction Rosemount 603,600 4,770 - 593,000 - - 5,830 603,600 MnDOT Management 71-14 CSAH 71 At TH 3 (part of larger MnDOT project)Construction Inver Grove Heights 351,000 - - - - - 351,000 351,000 MnDOT Management 73-30 CSAH 73 Oakdale (73) & Marie Trail Extension Trail Construction West St Paul 500,000 - - - - - 500,000 650,000 West St Paul Management Jurisdictional Classification 600,000 - - - - - 600,000 2,600,000 Dakota County Management ROW Preservation & Management 500,000 225,000 - - - - 275,000 2,500,000 Dakota County Management Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 7,500,000 Dakota County Management Signal Projects - Various Locations Signal Revisions 200,000 100,000 - - 100,000 - - 1,050,000 Dakota County Management 2018 Management Subtotal:14,935,800 2,480,995 6,460,700 593,000 2,586,275 - 2,814,830 - REPLACEMENT: 8-21 CSAH 8 CSAH 63 (Delaware) to Humboldt Ave ROW Acquisition West St Paul 1,500,000 675,000 - - 825,000 - - 4,765,300 Dakota County Replacement 23-76 CSAH 23 CSAH 86 (280th St) to CR 96 (Eveleth Ave)ROW Acquisition Greenvale Twp 1,234,600 - - - 1,234,600 - - 8,094,600 Dakota County Replacement 42-124 CSAH 42 CSAH 42 Corridor ROW Acquisition Apple Valley 170,000 76,500 - - 93,500 - - 8,940,000 Dakota County Resources/Replaceme 42-139 CSAH 42 E jct TH 55 to old CR 87 (Lock Blvd)ROW Acquisition Nininger Twp 1,500,000 - - - 1,500,000 - - 7,100,000 Dakota County Replacement 50-23 CSAH 50 Holyoke Ave to CSAH 23 (Cedar Ave)ROW Acquisition Lakeville 3,145,000 1,415,250 - - 1,729,750 - - 9,645,000 Dakota County Replacement 78-10 CSAH 78 TH 3 to CSAH 79 (Blaine Ave)ROW Acquisition Castle Rock Township 1,111,200 - - - 1,111,200 - - 8,311,200 Dakota County Replacement 86-32 CSAH 86 TH 3 to west of CSAH 47 Construction Castle Rock, Waterford & Sciota Twps 5,830,000 - - - 3,830,000 - 2,000,000 5,830,000 Dakota County Replacement 88-20 CSAH 88 TH 56 to TH 52 ROW Acquisition Randolph Township 1,750,100 - - - 1,750,100 - - 9,750,100 Dakota County Replacement 97-164 205th St, 0.3 mile W of TH 61 Repalce Bridge L3249 Marshan Township 300,000 - - 280,000 - 20,000 - 300,000 Dakota County Replacement Signal Projects - Various Locations Replace/New/Geometric Improve 1,570,000 625,000 - - 945,000 - - 8,590,000 Dakota County Replacement 2018 Replacement Subtotal:18,110,900 2,791,750 - 280,000 13,019,150 20,000 2,000,000 - EXPANSION: 97-XX 179th Street future CSAH Design/Construction Lakeville 500,000 - - - - - 500,000 500,000 Lakeville Improve and Expansio 2018 Replacement Subtotal:500,000 - - - - - 500,000 - RESOURCES: 9-55 CSAH 9 At CSAH 50 & 3/4 at Icenic, Heritage Design Lakeville 480,000 216,000 - - 264,000 - - 4,855,000 Dakota County Resources 26-54 CSAH 26 TH 55 to TH 3 Design Eagan, Inver Grove Heights 940,000 380,000 - - 560,000 - - 19,240,000 Dakota County Resources 26-56 CSAH 26 CSAH 26, CSAH 28, CSAH 31, CSAH 43 Design Eagan 154,000 69,300 - - 84,700 - - 1,817,200 Dakota County Resources 42-124 CSAH 42 CSAH 42 Corridor Design Apple Valley 420,000 173,250 - - 246,750 - - - Dakota County Resources/Replaceme 42-126 CSAH 42 At Southcross Dr Design Burnsville 80,000 40,000 - - 40,000 - - 80,000 Dakota County Replacement 28-xx CSAH 28 Amana Trail Traffic Control & Ped Improve Design Inver Grove Heights 100,000 - - - - - 100,000 100,000 Inver Grove Heights Resources 62-26 CSAH 62 Realign CSAH 62; turnlanes on CSAH 47 Design Vermillion Township 250,000 - - - 250,000 - - 1,950,000 Dakota County Resources 63-27 New "63"CSAH 26 to north new alignment Design Inver Grove Heights 228,600 102,870 - - - - 125,730 4,073,400 Dakota County Resources 66-15 CSAH 66 At TH 52 Design/Study Vermillion Township 500,000 - - - - - 500,000 500,000 Dakota County Resources 78-12 CSAH 78 CSAH 79 (Blaine) to CSAH 47 Design Castle Rock Twp, Hampton 208,900 - - - 83,600 - 125,300 5,493,700 Dakota County Resources 86-34 CSAH 86 CSAH 23 to TH 3 Design Eureka, Castle Rock, Greenvale and Wa 285,600 - - - 285,600 - - 13,213,900 Dakota County Resources 91-25 CSAH 91 TH 50 (240th St) to 210th St Design Miesville, Douglas, Marshan 403,600 - - - 403,600 - - 10,405,000 Dakota County Resources 97-163 New CR CSAH 9 (Dodd Blvd) to CSAH 23 (Cedar Ave)Design Lakeville 300,000 - - - - - 300,000 300,000 Lakeville Resources 97-189 Eastern Dakota County Transit Study Transit Study Eastern Dak Co 200,000 40,000 - - - - 160,000 200,000 Dakota County Resources Attorney Reimbursement 240,824 - - - - - 240,824 1,270,673 Dakota County Resources CIP Reimbursement to Operations 4,446,286 978,183 - - 1,511,737 - 1,956,366 23,460,180 Dakota County Resources Future Studies/Professional Services 300,000 135,000 - - - - 165,000 1,500,000 Dak Co/Consultant Resources Township Road Distribution 20,900 - - - - - 20,900 104,500 Dakota County Resources Consultant Construction Administration 750,000 - - - 375,000 - 375,000 3,400,000 Resources 2018 Resources Subtotal:10,308,710 2,134,603 - - 4,104,987 - 4,069,120 - 2018 Total:55,465,410 7,507,348 7,980,700 873,000 25,499,655 220,000 13,384,707 - Transp - 2 2018 - 2022 CIP - Transportation Capital Improvement Program 9/20/2017 PROJECT Segment PROJECT DESCRIPTION City ANNUAL City FEDERAL STATE CSAH Gravel Tax COUNTY TOTAL PROJECT LEAD PROJECT NO.ROAD Location COST Share & OTHER FUNDS COST AGENCY TYPE 2019 Section PRESERVATION Highway Surface - Bituminous 6,365,245 - - - 4,419,000 200,000 1,746,245 28,560,980 Dakota County Preservation 42-149 CSAH 42 CSAH 5 to CSAH 11 Bituminous Mill & Overlay Burnsville 1,800,000 - 1,440,000 - 360,000 - - 1,800,000 Dakota County Preservation Highway Surface - Gravel 885,000 - - - - - 885,000 4,475,000 Preservation Highway Surface - Gravel Spot Locations 50,000 - - - - - 50,000 250,000 Dakota County Preservation Traffic Control Devices Durable Pavement Markings 500,000 - - - - - 500,000 2,500,000 Dakota County Preservation Bike Trail 700,000 - - - - - 700,000 3,500,000 Cities/Others Preservation Storm Sewer System Repair 500,000 100,000 - - - - 400,000 2,500,000 Dakota County/Cities Preservation 2019 Preservation Subtotal:10,800,245 100,000 1,440,000 - 4,779,000 200,000 4,281,245 - MANAGEMENT: 9-54 CSAH 9 At Flagstaff Avenue Construction Lakeville 831,600 - - - 631,600 - 200,000 1,031,600 Lakeville Management 26-56 CSAH 26 CSAH 26, CSAH 28, CSAH 31, CSAH 43 Construction - ATMS Eagan 1,663,200 149,688 1,330,560 - 182,952 - - 1,817,200 Dakota County Management 32-91 CSAH 32 Dupont Ave to I-35 SB Ramp Construct - Roundabout Burnsville 300,000 - - - 300,000 - - 300,000 Burnsville Management 62-26 CSAH 62 Realign CSAH 62; turnlanes on CSAH 47 ROW Acquisition Vermillion Township 200,000 - - - 200,000 - - 1,950,000 Dakota County Management 73-30 CSAH 73 Oakdale (73) & Marie Trail Extension Trail Construction West St Paul 150,000 - - - - - 150,000 650,000 West St Paul Management Jurisdictional Classification 600,000 - - - - - 600,000 2,600,000 Dakota County Management ROW Preservation & Management 500,000 225,000 - - - - 275,000 2,500,000 Dakota County Management Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 7,500,000 Dakota County Management Signal Projects - Various Locations Signal Revisions 250,000 - - - 250,000 - - 1,050,000 Dakota County Management 2019 Management Subtotal:5,994,800 716,688 1,330,560 - 1,839,552 - 2,108,000 - REPLACEMENT: 8-21 CSAH 8 CSAH 63 (Delaware) to Humboldt Ave Construction West St Paul 3,265,300 1,469,400 - - 1,295,900 - 500,000 4,765,300 Dakota County Replacement 23-76 CSAH 23 CSAH 86 (280th St) to CR 96 (Eveleth Ave)Construction Greenvale Twp 6,860,000 - - - 4,860,000 - 2,000,000 8,094,600 Dakota County Replacement 42-124 CSAH 42 CSAH 42 Corridor ROW Acquisition Apple Valley 2,400,000 1,057,500 - - 1,342,500 - - 8,940,000 Dakota County Replacement 42-139 CSAH 42 E jct TH 55 to old CR 87 (Lock Blvd)Construction Nininger Twp 5,600,000 - - - 3,600,000 - 2,000,000 7,100,000 Dakota County Replacement 50-23 CSAH 50 Holyoke Ave to CSAH 23 (Cedar Ave)Construction Lakeville 6,500,000 1,485,000 3,200,000 - 1,815,000 - - 9,645,000 Dakota County Replacement 73-19 CSAH 73 Bonaire Path to IGH/Rosemount line ROW Acquisition Rosemount 750,000 337,500 - - - - 412,500 4,710,000 Dakota County Replacement 78-10 CSAH 78 TH 3 to CSAH 79 (Blaine Ave)Construction Castle Rock Township 7,200,000 - - - 4,200,000 - 3,000,000 8,311,200 Dakota County Replacement 78-12 CSAH 78 CSAH 79 (Blaine) to CSAH 47 ROW Acquisition Castle Rock Twp, Hampton 1,044,800 - - - 1,044,800 - - 5,493,700 Dakota County Replacement 86-34 CSAH 86 CSAH 23 to TH 3 ROW Acquisition Eureka, Castle Rock, Greenvale and Wa 1,928,300 - - - 1,928,300 - - 13,213,900 Dakota County Replacement 88-20 CSAH 88 TH 56 to TH 52 Construction Randolph Township 8,000,000 - - - 4,000,000 - 4,000,000 9,750,100 Dakota County Replacement 91-25 CSAH 91 TH 50 (240th St) to 210th St ROW Acquisition Miesville, Douglas, Marshan 1,782,000 - - - 1,782,000 - - 10,405,000 Dakota County Replacement Signal Projects - Various Locations Replace/New/Geometric Improve 1,020,000 262,500 - - 757,500 - - 8,590,000 Dakota County Replacement Replacement Projects/Turnbacks Design 1,250,000 - - - - - 1,250,000 10,850,000 Dakota County Replacement 2019 Replacement Subtotal:47,600,400 4,611,900 3,200,000 - 26,626,000 - 13,162,500 EXPANSION: 9-55 CSAH 9 At CSAH 50 & 3/4 at Icenic, Heritage ROW Acquisition Lakeville 1,250,000 562,500 - - 687,500 - - 4,855,000 Dakota County Improve and Expansio 26-54 CSAH 26 TH 55 to TH 3 ROW Acquisition Eagan, Inver Grove Heights 5,500,000 2,500,000 - - 3,000,000 - - 19,240,000 Dakota County Improve and Expansio 63-27 New "63"CSAH 26 to north new alignment ROW Acquisition Inver Grove Heights 1,102,100 495,945 - - - - 606,155 4,073,400 Dakota County Improve and Expansio 2019 Expansion Subtotal:7,852,100 3,558,445 - - 3,687,500 - 606,155 - RESOURCES: 6-06 CR 6 At CSAH 73 (Oakdale Ave)Design West St Paul 230,000 103,500 - - - - 126,500 2,105,000 Dakota County Resources 9-56 CSAH 9 Gerdine Path to Dodd Lane Design Lakeville 408,300 183,735 - - 224,565 - - 7,265,250 Dakota County Resources 42-124 CSAH 42 CSAH 42 Corridor Consultant Construction Administratio Apple Valley 450,000 162,000 - - 288,000 - - - Dakota County Resources 80-12 CSAH 80 CSAH 23 to TH 3 Design Castle Rock, Eureka Twp 547,200 - - - 400,000 - 147,200 13,491,200 Dakota County Resources 91-29 CSAH 91 210th St to TH 316 Design Marshan Twp 375,000 - - - 150,000 - 225,000 6,375,000 Dakota County Resources 91-30 CSAH 91 Miesville Trail to TH 61 Design Miesville, Douglas Twp 250,000 - - - 100,000 - 150,000 4,075,000 Dakota County Resources 96-07 CSAH 96 West Dak Co line to CSAH 23 Design Greenvale Township 378,000 - - - - - 378,000 8,310,400 Dakota County Resources XX-XX Placeholder-only County Share shown Design To Be Determined 1,000,000 - - - - - 1,000,000 7,000,000 Dak Co/Others Resources Attorney Reimbursement 248,049 - - - - - 248,049 1,270,673 Dakota County Resources CIP Reimbursement to Operations 4,579,675 1,007,528 - - 1,557,090 - 2,015,057 23,460,180 Dakota County Resources Future Studies/Professional Services 300,000 135,000 - - - - 165,000 1,500,000 Dak Co/Consultant Resources Township Road Distribution 20,900 - - - - - 20,900 104,500 Dakota County Resources Consultant Construction Administration 850,000 - - - 425,000 - 425,000 3,400,000 Consultant Resources 2019 Resources Subtotal:9,637,124 1,591,763 - - 3,144,655 - 4,900,706 - 2019 TOTAL:81,884,669 10,578,796 5,970,560 - 40,076,707 200,000 25,058,606 Transp - 3 2018 - 2022 CIP - Transportation Capital Improvement Program 9/20/2017 PROJECT Segment PROJECT DESCRIPTION City ANNUAL City FEDERAL STATE CSAH Gravel Tax COUNTY TOTAL PROJECT LEAD PROJECT NO.ROAD Location COST Share & OTHER FUNDS COST AGENCY TYPE 2020 Section PRESERVATION Highway Surface - Bituminous Highway Surface - Bituminous 6,365,245 - - - 4,419,000 200,000 1,746,245 28,560,980 Dakota County Preservation Highway Surface - Gravel 910,000 - - - - - 910,000 4,475,000 Dakota County Preservation Highway Surface - Gravel Spot Locations 50,000 - - - - - 50,000 250,000 Dakota County Preservation Traffic Control Devices 500,000 - - - - - 500,000 2,500,000 Dakota County Preservation Bike Trail 700,000 - - - - - 700,000 3,500,000 Cities/Others Preservation Storm Sewer System Repair 500,000 100,000 - - - - 400,000 2,500,000 Dakota County/Cities Preservation 2020 Preservation Subtotal:9,025,245 100,000 - - 4,419,000 200,000 4,306,245 - MANAGEMENT: 6-06 CR 6 At CSAH 73 (Oakdale Ave)ROW Acquisition West St Paul 325,000 146,250 - - - - 178,750 2,105,000 Dakota County Management 9-56 CSAH 9 Gerdine Path to Dodd Lane ROW Acquisition Lakeville 1,959,000 881,550 - - 1,077,450 - - 7,265,250 Dakota County Management 31-79 CSAH 31 At CSAH 32 Signal Rep - Dbl Left Turns ROW Acquisition, Construction Eagan 1,570,000 706,500 - - 863,500 - - 5,488,700 Dakota County Management 38-AV CSAH 38 Placeholder - limits TBD Repair/Replace Retaining Walls Apple Valley 500,000 - - - 500,000 - - 500,000 Dakota County Replacement 62-26 CSAH 62 Realign CSAH 62; turnlanes on CSAH 47 Construction Vermillion Township 1,500,000 - - - 900,000 - 600,000 1,950,000 Dakota County Management Jurisdictional Classification 600,000 - - - - - 600,000 2,600,000 Dakota County Management ROW Preservation & Management 500,000 225,000 - - - - 275,000 2,500,000 Dakota County Management Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 7,500,000 Dakota County Management Signal Projects - Various Locations Signal Revisions 200,000 100,000 - - 100,000 - - 1,050,000 Dakota County Management 2020 Management Subtotal:8,654,000 2,401,300 - - 3,715,950 - 2,536,750 - REPLACEMENT: 42-124 CSAH 42 CSAH 42 Corridor Construction Apple Valley 5,500,000 2,067,500 - - 3,432,500 - - 8,940,000 Dakota County Replacement 73-19 CSAH 73 Bonaire Path to IGH/Rosemount line Construction Rosemount 3,960,000 1,320,000 - - - - 2,640,000 4,710,000 Dakota County Replacement 78-12 CSAH 78 CSAH 79 (Blaine) to CSAH 47 Construction (+ new Bridge)Castle Rock Twp, Hampton 4,240,000 - - - 2,240,000 - 2,000,000 5,493,700 Dakota County Replacement 80-12 CSAH 80 CSAH 23 to TH 3 ROW Acqusition Castle Rock, Eureka Twp 2,000,000 - - - 1,000,000 - 1,000,000 13,491,200 Dakota County Replacement 86-34 CSAH 86 CSAH 23 to TH 3 Construction Eureka, Castle Rock, Greenvale and Wa 11,000,000 - 4,200,000 - 3,800,000 - 3,000,000 13,213,900 Dakota County Replacement 91-25 CSAH 91 TH 50 (240th St) to 210th St Construction Miesville, Douglas, Marshan 8,219,400 - - - 2,219,400 - 6,000,000 10,405,000 Dakota County Replacement 91-29 CSAH 91 210th St to TH 316 ROW Acquisition Marshan Twp 1,500,000 - - - 1,500,000 - - 6,375,000 Dakota County Replacement 91-30 CSAH 91 Miesville Trail to TH 61 ROW Acquisition Miesville, Douglas Twp 825,000 - - - 825,000 - - 4,075,000 Dakota County Replacement 96-07 CR 96 West Dak Co line to CSAH 23 ROW Acquisition Greenvale Township 1,632,400 - - - - - 1,632,400 8,310,400 Dakota County Replacement Signal Projects - Various Locations Replace/New/Geometric Improve 2,000,000 1,000,000 - - 1,000,000 - - 8,590,000 Dakota County Replacement Replacement Projects/Turnbacks ROW Acquisition 2,250,000 - - - - - 2,250,000 10,850,000 Dakota County Replacement 2020 Replacement Subtotal:43,126,800 4,387,500 4,200,000 - 16,016,900 - 18,522,400 - EXPANSION: 9-55 CSAH 9 At CSAH 50 & 3/4 at Icenic, Heritage Construction Lakeville 3,125,000 1,406,250 - - 1,000,000 - 718,750 4,855,000 Dakota County Improve and Expansio 26-54 CSAH 26 TH 55 to TH 3 Construction Eagan, Inver Grove Heights 12,800,000 5,760,000 - - 4,000,000 - 3,040,000 19,240,000 Dakota County Improve and Expansio 63-27 New "63"CSAH 26 to north new alignment Construction Inver Grove Heights 2,742,700 1,234,215 - - - - 1,508,485 4,073,400 Dakota County Improve and Expansio XX-XX Placeholder-only County Share shown ROW Acquisition To Be Determined 2,000,000 - - - 1,000,000 - 1,000,000 7,000,000 Dak Co/Others Improve and Expansio 2020 Expansion Subtotal:20,667,700 8,400,465 - - 6,000,000 - 6,267,235 - RESOURCES: 23-BRT CSAH 23 At 140th Street Design Ped Overpass Apple Valley 300,000 60,000 - - - - 240,000 4,000,000 Dakota County Management 33-15 CSAH 33 At 140th/Connemara Design Apple Valley/Rosemount 200,000 90,000 - - 110,000 - - 2,500,000 Dakota County Resources 81-14 New "81"CSAH 66 (200th St) to CSAH 46/48 Design Empire Township 244,800 - - - 244,800 - - 5,969,100 Dakota County Resources 83-10 CR 83 CSAH 88 (292nd St) to Cannon River Design Randolph City/Township 53,000 - - - - - 53,000 1,293,300 Dakota County Resources 88-23 CSAH 88 CR 94 (Cooper Ave) to TH 56 Design City of Randolph 272,200 - - - 162,200 - 110,000 4,843,500 Dakota County Resources 89-07 CR 89 TH 50 (240th St) to CSAH 47 Design Hampton, Douglas, Marshan Twps 481,400 - - - - - 481,400 11,739,200 Dakota County Resources Attorney Reimbursement 255,490 - - - - - 255,490 1,270,673 Dakota County Resources CIP Reimbursement to Operations 4,717,065 1,037,754 - - 1,603,802 - 2,075,509 23,460,180 Dakota County Resources Future Studies/Professional Services 300,000 135,000 - - - - 165,000 1,500,000 Dak Co/Consultant Resources Township Road Distribution 20,900 - - - - - 20,900 104,500 Dakota County Resources Consultant Construction Administration 600,000 - - - 300,000 - 300,000 3,400,000 Consultant Resources 2020 Resources Subtotal:7,444,855 1,322,754 - - 2,420,802 - 3,701,299 - 2020 TOTAL: 88,918,600 16,612,019 4,200,000 - 32,572,652 200,000 35,333,929 - Transp - 4 2018 - 2022 CIP - Transportation Capital Improvement Program 9/20/2017 PROJECT Segment PROJECT DESCRIPTION City ANNUAL City FEDERAL STATE CSAH Gravel Tax COUNTY TOTAL PROJECT LEAD PROJECT NO.ROAD Location COST Share & OTHER FUNDS COST AGENCY TYPE 2021 Section PRESERVATION Highway Surface - Bituminous 6,365,245 - - - 4,419,000 200,000 1,746,245 28,560,980 Dakota County Preservation Highway Surface - Gravel 910,000 - - - - - 910,000 4,475,000 Dakota County Preservation Highway Surface - Gravel Spot Locations 50,000 - - - - - 50,000 250,000 Dakota County Preservation Traffic Control Devices Durable Pavement Markings 500,000 - - - - - 500,000 2,500,000 Dakota County Preservation Bike Trail 700,000 - - - - - 700,000 3,500,000 Cities/Others Preservation Storm Sewer System Repair 500,000 100,000 - - - - 400,000 2,500,000 Dakota County/Cities Preservation 2021 Preservation Subtotal:9,025,245 100,000 - - 4,419,000 200,000 4,306,245 - MANAGEMENT: 6-06 CR 6 At CSAH 73 (Oakdale Ave)Construction West St Paul 1,550,000 69,750 1,395,000 - - - 85,250 2,105,000 Dakota County Management 9-56 CSAH 9 Gerdine Path to Dodd Lane Construction Lakeville 4,897,950 2,204,075 - - 2,693,875 - - 7,265,250 Dakota County Management 11-27 CSAH 11 At Burnsville Parkway Construction Burnsville 350,000 157,500 - - 192,500 - - 350,000 Dakota County Management 23-BRT CSAH 23 At 140th Street ROW Acq Ped Overpass Apple Valley 700,000 140,000 - - - - 560,000 4,000,000 Dakota County Management 31-79 CSAH 31 At CSAH 32 Signal Rep - Dbl Left Turns ROW Acquisition Eagan 3,918,700 353,115 3,134,000 - 431,585 - - 5,488,700 Dakota County Management 33-15 CSAH 33 At 140th/Connemara ROW Acquisition Apple Valley/Rosemount 350,000 157,500 - - 192,500 - - 2,500,000 Dakota County Management 83-10 CR 83 CSAH 88 (292nd St) to Cannon River ROW Acquisition Randolph City/Township 265,300 - - - - - 265,300 1,293,300 Dakota County Management 88-23 CSAH 88 CR 94 (Cooper Ave) to TH 56 ROW Acquisition City of Randolph 1,306,000 - - - 1,306,000 - - 4,843,500 Dakota County Management 94-05 CR 94 CSAH 47 to CSAH 88 (292nd St)Design Waterford, Sciota, Randolph 432,500 - - - - - 432,500 2,595,400 Dakota County Resources Jurisdictional Classification 400,000 - - - - - 400,000 2,600,000 Dakota County Management ROW Preservation & Management 500,000 225,000 - - - - 275,000 2,500,000 Dakota County Management Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 7,500,000 Dakota County Management Signal Projects - Various Locations Signal Revisions 200,000 100,000 - - 100,000 - - 1,050,000 Dakota County Management 2021 Management Subtotal:16,370,450 3,748,940 4,529,000 - 5,191,460 - 2,901,050 - REPLACEMENT: 80-12 CSAH 80 CSAH 23 to TH 3 Construction (+Bridge)Castle Rock, Eureka Twp 10,944,000 - - - 10,944,000 - - 13,491,200 Dakota County Replacement 81-14 New "81"CSAH 66 (200th St) to CSAH 46/48 ROW Acquisition Empire Township 1,224,300 - - - 1,224,300 - - 5,969,100 Dakota County Replacement 89-07 CR 89 TH 50 (240th St) to CSAH 47 ROW Acquisition Hampton, Douglas, Marshan Twps 2,407,800 - - - - - 2,407,800 11,739,200 Dakota County Replacement 91-29 CSAH 91 210th St to TH 316 Construction Marshan Twp 4,500,000 - - - 4,000,000 - 500,000 6,375,000 Dakota County Replacement 91-30 CSAH 91 Miesville Trail to TH 61 Construction Miesville, Douglas Twp 3,000,000 - - - 2,501,865 - 498,135 4,075,000 Dakota County Replacement 96-07 CR 96 West Dak Co line to CSAH 23 Construction Greenvale Township 6,300,000 - - - - - 6,300,000 8,310,400 Dakota County Replacement Replacement Projects/Turnbacks Construction 7,350,000 - - - - - 7,350,000 10,850,000 Dakota County Replacement Signal Projects - Various Locations Replace/New/Geometric Improve 2,000,000 1,000,000 - - 1,000,000 - - 8,590,000 Dakota County Replacement 2021 Replacement Subtotal:37,726,100 1,000,000 - - 19,670,165 - 17,055,935 - EXPANSION: 28-48 CSAH 28 TH 3 to 0.62 mile east ROW Acquisition Inver Grove Heights 1,056,000 475,200 - - 580,800 - - 1,656,000 Inver Grove Heights Improve and Expansio XX-XX Placeholder-only County Share shown Construction To Be Determined 4,000,000 - - - 2,000,000 - 2,000,000 7,000,000 Dak Co/Others Improve and Expansio 2021 Expansion Subtotal:5,056,000 475,200 - - 2,580,800 - 2,000,000 - RESOURCES: 28-44 CSAH 28 At Elrene Rd, at Mike Collins Dr Design Eagan 40,000 18,000 - - 22,000 - - 440,000 Dakota County Resources Attorney Reimbursement 263,155 - - - - - 263,155 1,270,673 Dakota County Resources CIP Reimbursement to Operations 4,858,577 1,068,887 - - 1,651,916 - 2,137,774 23,460,180 Dakota County Resources Future Studies/Professional Services 300,000 135,000 - - - - 165,000 1,500,000 Dak Co/Consultant Resources Township Road Distribution 20,900 - - - - - 20,900 104,500 Dakota County Resources Consultant Construction Administration 600,000 - - - 300,000 - 300,000 3,400,000 Consultant Resources 2021 Resources Subtotal:6,082,632 1,221,887 - - 1,973,916 - 2,886,829 - 2021 TOTAL: 74,260,427 6,546,027 4,529,000 - 33,835,341 200,000 29,150,059 Transp - 5 2018 - 2022 CIP - Transportation Capital Improvement Program 9/20/2017 PROJECT Segment PROJECT DESCRIPTION City ANNUAL City FEDERAL STATE CSAH Gravel Tax COUNTY TOTAL PROJECT LEAD PROJECT NO.ROAD Location COST Share & OTHER FUNDS COST AGENCY TYPE 2022 Section PRESERVATION Highway Surface - Bituminous 6,365,245 - - - 4,419,000 200,000 1,746,245 28,560,980 Dakota County Preservation Highway Surface - Gravel 910,000 - - - - - 910,000 4,475,000 Dakota County Preservation Spot Locations Highway Surface - Gravel 50,000 - - - - - 50,000 250,000 Dakota County Preservation Traffic Control Devices 500,000 - - - - - 500,000 2,500,000 Dakota County Preservation Bike Trail 700,000 - - - - - 700,000 3,500,000 Cities/Others Preservation Storm Sewer System Repair 500,000 100,000 - - - - 400,000 2,500,000 Dakota County/Cities Preservation 2022 Preservation Subtotal:9,025,245 100,000 - - 4,419,000 200,000 4,306,245 - MANAGEMENT: 23-BRT CSAH 23 At 140th Street Construct Ped Overpass Apple Valley 3,000,000 120,000 2,400,000 - - - 480,000 4,000,000 Dakota County Management 28-44 CSAH 28 At Elrene Rd, at Mike Collins Dr Construction Eagan 400,000 180,000 - - 220,000 - - 440,000 Dakota County Management 33-15 CSAH 33 At 140th/Connemara Construction Apple Valley/Rosemount 1,950,000 877,500 - - 1,072,500 - - 2,500,000 Dakota County Management 81-14 New "81"CSAH 66 (200th St) to CSAH 46/48 Construction Empire Township 4,500,000 - - - 4,500,000 - - 5,969,100 Dakota County Replacement 83-10 CR 83 CSAH 88 (292nd St) to Cannon River Construction Randolph City/Township 975,000 - - - - - 975,000 1,293,300 Dakota County Management 88-23 CSAH 88 CR 94 (Cooper Ave) to TH 56 Construction City of Randolph 3,265,300 - - - 3,265,300 - - 4,843,500 Dakota County Management 94-05 CR 94 CSAH 47 to CSAH 88 (292nd St)ROW Acquisition Waterford, Sciota, Randolph 2,162,900 - - - - - 2,162,900 2,595,400 Dakota County Management Jurisdictional Classification 400,000 - - - - - 400,000 2,600,000 Dakota County Management ROW Preservation & Management 500,000 225,000 - - - - 275,000 2,500,000 Dakota County Management Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 7,500,000 Dakota County Management Signal Projects - Various Locations Signal Revisions 200,000 100,000 - - 100,000 - - 1,050,000 Dakota County Management 2022 Management Subtotal:18,853,200 1,844,500 2,400,000 - 9,432,800 - 5,175,900 - REPLACEMENT: 89-07 CR 89 TH 50 (240th St) to CSAH 47 Construction Hampton, Douglas, Marshan Twps 8,850,000 - - - - - 8,850,000 11,739,200 Dakota County Replacement Signal Projects - Various Locations Replace/New/Geometric Improve 2,000,000 1,000,000 - - 1,000,000 - - 8,590,000 Dakota County Replacement 2022 Replacement Subtotal:10,850,000 1,000,000 - - 1,000,000 - 8,850,000 - EXPANSION: 28-48 CSAH 28 TH 3 to 0.62 mile east Construction Inver Grove Heights 600,000 - - - 600,000 - - 1,656,000 Inver Grove Heights Improve and Expansio 2022 Expansion Subtotal:600,000 - - - 600,000 - - - RESOURCES: Attorney Reimbursement 263,155 - - - - - 263,155 1,270,673 Dakota County Resources CIP Reimbursement to Operations 4,858,577 1,068,887 - - 1,651,916 - 2,137,774 23,460,180 Dakota County Resources Future Studies/Professional Services 300,000 135,000 - - - - 165,000 1,500,000 Dak Co/Consultant Resources Township Road Distribution 20,900 - - - - - 20,900 104,500 Dakota County Resources Consultant Construction Administration 600,000 - - - 300,000 - 300,000 3,400,000 Consultant Resources 2022 Resources Subtotal:6,042,632 1,203,887 - - 1,951,916 - 2,886,829 - 2022 TOTAL: 45,371,077 4,148,387 2,400,000 - 17,403,716 200,000 21,218,974 - Transp - 6 2018 - 2022 CIP - Transportation Capital Improvement Program 9/20/2017 PROJECT Segment PROJECT DESCRIPTION City ANNUAL City FEDERAL STATE CSAH Gravel Tax COUNTY TOTAL PROJECT LEAD PROJECT NO.ROAD Location COST Share & OTHER FUNDS COST AGENCY TYPE ANNUAL COST City Share FEDERAL STATE CSAH Gravel Tax & Other County Cost 2018 55,465,410 7,507,348 7,980,700 873,000 25,499,655 220,000 13,384,707 2019 81,884,669 10,578,796 5,970,560 - 40,076,707 200,000 25,058,606 2020 88,918,600 16,612,019 4,200,000 - 32,572,652 200,000 35,333,929 2021 74,260,427 6,546,027 4,529,000 - 33,835,341 200,000 29,150,059 2022 45,371,077 4,148,387 2,400,000 - 17,403,716 200,000 21,218,974 345,900,183 45,392,577 25,080,260 873,000 149,388,071 1,020,000 124,146,275 - County Funds County Program Aid (1)Wheelage Tax (3)County Cost Individual Year End Balance Cumulative Year End Balance Est Ending Fund Balance TBD 71,674,153 Est Bal (7.25.2017 e-mail) 2018 4,597,070 - 3,800,000 13,384,707 (4,987,637)66,686,516 2019 4,643,041 - 3,900,000 25,058,606 (16,515,565)50,170,951 2020 4,689,471 - 4,000,000 35,333,929 (26,644,458)23,526,493 2021 4,736,366 - 4,100,000 29,150,059 (20,313,693)3,212,800 2022 4,783,729 - 4,200,000 21,218,974 (12,235,245)(9,022,445) 5-Year Total: 23,449,677 - 20,000,000 124,146,275 Revenue CSAH, Flex Hwy, LMVST State Aid "CSAH" Construction (2) State Aid "CSAH" Maintenance Flexible Highway Account (2) Motor Vehicle Lease Sales Tax (2) State Aid "CSAH" Cost Individual Year End Balance Cumulative Year End Balance (CSAH $xx + FedHwy $xx + Fed 63 $xx) Est Ending Fund Balance TBD Est Ending Fund Balance TBD 10,411,498 Est Bal (end 2017 CIP projection) 2018 11,191,147 1,400,000 1,600,000 13,134,000 25,499,655 1,825,492 12,236,990 2019 11,601,035 1,400,000 1,600,000 13,739,000 40,076,707 (11,736,672)500,318 2020 12,259,673 1,400,000 1,600,000 14,000,000 32,572,652 (3,312,979)(2,812,661) 2021 12,274,796 1,400,000 1,600,000 14,000,000 33,835,341 (4,560,545)(7,373,206) 2022 12,397,544 1,400,000 1,600,000 14,000,000 17,403,716 11,993,828 4,620,622 5-Year Total: 59,724,195 7,000,000 8,000,000 68,873,000 149,388,071 NOTES: (1) Program Aid removed from Transportation CIP (2017 CIP) (2) State Forecast - subject to change (3) Potential change/increase in years 2018-2020 (4) County Funds Revenue (2017 CIP projection - FinServ to update later) CIP 5-Year Summary Projects By Year TRANSPORTATION DEPARTMENT CAPITAL IMPROVEMENT PROGRAM 5-YEAR SUMMARY Revenue County Funds & Program Aid Transp - 7 2018 - 2022 CIP - Transportation Capital Improvement Program 9/20/2017 PROJECT Segment PROJECT DESCRIPTION City ANNUAL City FEDERAL STATE CSAH Gravel Tax COUNTY TOTAL PROJECT LEAD PROJECT NO.ROAD Location COST Share & OTHER FUNDS COST AGENCY TYPE 2018 MANAGEMENT: Signal Projects - Various Locations Signal Revisions TOTALS:200,000 100,000 - - 100,000 - - - - Placeholder for 2018 Flashing Yellow Arrows 200,000 100,000 100,000 Dakota County Management- 2018 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve TOTALS:1,570,000 625,000 - - 945,000 - - - - 28-56 CSAH 28 At Blue Cross/Shield, At Coachman, At Central/Federal Construction Eagan 1,250,000 625,000 - - 625,000 - - Dakota County Replacement 32-90 CSAH 32 At TH 77 (Cedar Ave)Signal - Complete Rebuild Eagan 320,000 - - - 320,000 - - MnDOT Replacement- 2018 CSAH 42 RESOURCES - CSAH 42 Corridor Intersection Projects Design TOTALS:420,000 173,250 - - 246,750 - - - 42-124 CSAH 42 At Pennock Ave Design Apple Valley TBD - - - - - - Dakota County Resources 42-125 CSAH 42 At Hayes Ave Design Apple Valley TBD - - - - - - Dakota County Resources 42-127 CSAH 42 At Gardenview Drive Design Apple Valley TBD - - - - - - Dakota County Resources 42-133 CSAH 42 At Elm Dr, At Redwood Dr Design Apple Valley TBD - - - - - - Dakota County Resources 42-134 CSAH 42 At Garrett Ave Design Apple Valley TBD - - - - - - Dakota County Resources 42-151 CSAH 42 At Galaxie Ave Design Apple Valley TBD - - - - - - Dakota County Resources 33-017 CSAH 33 Diamond Path at CSAH 42 Design Apple Valley/Rosemount TBD - - - - - - Dakota County Resources 2018 RESOURCES:TOTALS:80,000 40,000 - - 40,000 - - - - - - - - - - 42-126 CSAH 42 At Southcross Drive Design Signal-Complete Rebuild Burnsville 10,000 5,000 - - 5,000 - - Dakota County Resources 42-126 CSAH 42 At Southcross Drive Consultant Construction AdministraBurnsville 70,000 35,000 - - 35,000 - - Consultant Resources- - - - - - - 2019 MANAGEMENT: Signal Projects - Various Locations Signal Revisions TOTALS:250,000 - - - 250,000 - - - - - - - - - - 30-36 CSAH 30 Diffley at Braddock Tr (only Co $ shown)Left/Right turn arrows, geo improve 250,000 - - - 250,000 - - Eagan Lead (?)Management- - - - - - - 2019 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve TOTALS:1,020,000 262,500 - - 757,500 - - - 11-28 CSAH 11 CSAH 11 at CSAH 38 & 140th St Signal - Complete Rebuild Apple Valley 350,000 87,500 - - 262,500 - - Dakota County Replacement 31-81 CSAH 31 At 494 Ramps (2-"T" intersections)Signal - Complete Rebuild Eagan/Mend Hgts (only Co $ shown 320,000 - - - 320,000 - - MnDOT Lead Replacement 42-126 CSAH 42 At Southcross Drive Signal - Complete Rebuild Burnsville 350,000 175,000 - - 175,000 - - Dakota County Replacement 2019 CSAH 42 CSAH 42 Corridor Right of Way Acquisition TOTALS:2,400,000 1,057,500 - - 1,342,500 - - - 42-124 CSAH 42 At Pennock Ave Right of Way Acquisition Apple Valley TBD - - - - - Dakota County Replacement 42-125 CSAH 42 At Hayes Ave Right of Way Acquisition Apple Valley TBD - - - - - Dakota County Replacement 42-127 CSAH 42 At Gardenview Drive Right of Way Acquisition Apple Valley TBD - - - - - Dakota County Replacement 42-133 CSAH 42 At Elm Dr, At Redwood Dr Right of Way Acquisition Apple Valley TBD - - - - - Dakota County Replacement 42-134 CSAH 42 At Garrett Ave Right of Way Acquisition Apple Valley TBD - - - - - Dakota County Replacement 42-151 CSAH 42 At Galaxie Ave Right of Way Acquisition Apple Valley TBD - - - - - Dakota County Replacement 33-017 CSAH 33 Diamond Path at CSAH 42 Right of Way Acquisition AV/Rosemount TBD - - - - - Dakota County Replacement 2019 CSAH 42 CSAH 42 Corridor Consult Const Admin TOTALS:450,000 162,000 - - 288,000 - - - 42-124 CSAH 42 At Pennock Ave Consultant Construction Admin Apple Valley TBD - - - - - Consultant Resources 42-125 CSAH 42 At Hayes Ave Consultant Construction Admin Apple Valley TBD - - - - - Consultant Resources 42-127 CSAH 42 At Gardenview Drive Consultant Construction Admin Apple Valley TBD - - - - - Consultant Resources 42-133 CSAH 42 At Elm Dr, At Redwood Dr Consultant Construction Admin Apple Valley TBD - - - - - Consultant Resources 42-134 CSAH 42 At Garrett Ave Consultant Construction Admin Apple Valley TBD - - - - - Consultant Resources 42-151 CSAH 42 At Galaxie Ave Consultant Construction Admin Apple Valley TBD - - - - - Consultant Resources 33-017 CSAH 33 Diamond Path at CSAH 42 Consultant Construction Admin AV/Rosemount TBD - - - - - Consultant Resources Transp - 8 2018 - 2022 CIP - Transportation Capital Improvement Program 9/20/2017 PROJECT Segment PROJECT DESCRIPTION City ANNUAL City FEDERAL STATE CSAH Gravel Tax COUNTY TOTAL PROJECT LEAD PROJECT NO.ROAD Location COST Share & OTHER FUNDS COST AGENCY TYPE 2020 MANAGEMENT: Signal Projects - Various Locations Signal Revisions TOTALS:200,000 100,000 - - 100,000 - - - Placeholder for 2020 200,000 100,000 - - 100,000 - - Dakota County Management- - - - - - - 2020 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve TOTALS:2,000,000 1,000,000 - - 1,000,000 - - - 2020 Placeholder ($2M total)650,000 325,000 - - 325,000 - - Dakota County Replacement 32-92 CSAH 32 Cliff Rd at Slater Rd in Eagan Signal - Complete Rebuild Eagan 350,000 175,000 - - 175,000 - - Dakota County Replacement 32-93 CSAH 32 Cliff Rd at Thomas Center/Beacon Hill Signal - Complete Rebuild * Contingent upon 2018 Study Eagan 1,000,000 500,000 - - 500,000 - - Dakota County Replacement 2020 CSAH 42 CSAH 42 Corridor Construction TOTALS:5,500,000 2,067,500 - - 3,432,500 - - - 42-124 CSAH 42 At Pennock Ave Signal - Construction Apple Valley TBD - - - - - Consultant Replacement 42-125 CSAH 42 At Hayes Ave Signal - Construction Apple Valley TBD - - - - - Consultant Replacement 42-127 CSAH 42 At Gardenview Drive Signal - Construction Apple Valley TBD - - - - - Consultant Replacement 42-133 CSAH 42 At Elm Dr, At Redwood Dr Signal - Construction Apple Valley TBD - - - - - Consultant Replacement 42-134 CSAH 42 At Garrett Ave Signal - Construction Apple Valley TBD - - - - - Consultant Replacement 42-151 CSAH 42 At Galaxie Ave Signal - Construction Apple Valley TBD - - - - - Consultant Replacement 33-017 CSAH 33 Diamond Path at CSAH 42 Signal - Construction AV/Rosemount TBD - - - - - Consultant Replacement 2021 MANAGEMENT: Signal Projects - Various Locations Signal Revisions TOTALS:200,000 100,000 - - 100,000 - - - Placeholder for 2021 200,000 100,000 - - 100,000 - - Dakota County Management- - - - - - - 2021 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve TOTALS:2,000,000 1,000,000 - - 1,000,000 - - 2021 Placeholder ($2M total)1,650,000 825,000 - - 825,000 - - Dakota County Replacement 30-35 CSAH 30 Diffley Rd at Blackhawk Rd Signal - Complete Rebuild Eagan 350,000 175,000 - - 175,000 - - Dakota County Replacement- - - - - - - 2022 MANAGEMENT: Signal Projects - Various Locations Signal Revisions TOTALS:200,000 100,000 - - 100,000 - - - - - - - - - Placeholder for 2022 200,000 100,000 - - 100,000 - - Dakota County Management 2022 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve TOTALS:2,000,000 1,000,000 - - 1,000,000 - - - - - - - - - Placeholder for 2022 2,000,000 1,000,000 - - 1,000,000 - - Dakota County Replacement Parks 1 2018 - 2022 CIP Parks Capital Improvement Program Project #Project Title CPA General Fund ELF MC P&T Legacy MC-led State Bonding ($15M level) MC AOF County-led State Bonding Property Tax 2018 Section PLANNING 0230 Park and Greenways 450,000 450,000 2018 Planning Subtotal 450,000 - - 450,000 - - - - - ACQUISITION P00040 Park and Greenway System 4,533,333 1,133,333 3,400,000 2018 Acquisition Subtotal 4,533,333 - 1,133,333 - - - 3,400,000 - - GENERAL P00117 NR, Greenway, and Park Improvement Grant Match 550,000 550,000 NEW Systemwide Pavement Reconstruction 375,000 375,000 NEW Park & Greenway MP Improvements - 2018 General Subtotal 925,000 375,000 - 550,000 - - - - - GREENWAY DEVELOPMENT P00075 Enhancements 200,000 200,000 P00078 Collaborative 500,000 500,000 P00093 MRRT/BRRT to St. Paul 500,000 500,000 P00109 MRRT Rosemount East 1,000,000 1,000,000 NEW Lake Marion Greenway - P00085 Big Rivers Regional Trailhead 1,574,000 787,000 787,000 P00127 Minnesota River Greenway - Fort Snelling Segment 6,000,000 3,000,000 3,000,000 NEW River to River Greenway - Underpass - NEW Pine Bend Bluff Historical Marker Restoration - 2018 Greenway Development Subtotal 9,774,000 5,787,000 - 200,000 - - - 3,787,000 - PARK DEVELOPMENT P00074 Enhancements 250,000 250,000 NEW Lake Byllesby Master Plan Improvements 1,857,711 1,316,508 250,000 291,203 NEW Whitetail Woods Dike Improvements 200,000 200,000 P00131 Whitetail Woods Master Plan Improvements 4,158,974 1,023,137 105,000 1,072,525 1,920,435 37,877 NEW Thompson County Park MP Improvements - NEW Spring Lake Park MP Improvements - NEW Miesville Ravine MP Improvements - 2018 Park Development Subtotal 6,466,685 2,339,645 - 605,000 1,272,525 1,920,435 - - 329,080 NATURAL RESOURCES P00020 Base Program Funding 695,000 695,000 2018 Natural Resources Subtotal 695,000 - - 695,000 - - - - - 2018 Total 22,844,018 8,501,645 1,133,333 2,500,000 1,272,525 1,920,435 3,400,000 3,787,000 329,080 Annual Cost Parks 2 2018 - 2022 CIP Parks Capital Improvement Program Project #Project Title CPA General Fund ELF MC P&T Legacy MC-led State Bonding ($15M level) MC AOF County-led State Bonding Property Tax 2019 Section PLANNING 0230 Park and Greenways 300,000 300,000 2019 Planning Subtotal 300,000 - - 300,000 - - - - - ACQUISITION P00040 Park and Greenway System 4,533,333 1,133,333 3,400,000 2019 Acquisition Subtotal 4,533,333 - 1,133,333 - - - 3,400,000 - - GENERAL P00117 NR, Greenway, and Park Improvement Grant Match 550,000 550,000 NEW Systemwide Pavement Reconstruction 150,000 150,000 NEW Park & Greenway MP Improvements - 2019 General Subtotal 700,000 150,000 - 550,000 - - - - - GREENWAY DEVELOPMENT P00075 Enhancements 220,000 220,000 P00078 Collaborative 500,000 500,000 P00093 MRRT/BRRT to St. Paul - P00109 MRRT Rosemount East - NEW Lake Marion Greenway 400,000 240,000 160,000 P00085 Big Rivers Regional Trailhead - P00127 Minnesota River Greenway - Fort Snelling Segment - NEW River to River Greenway - Underpass - NEW Pine Bend Bluff Historical Marker Restoration 225,000 225,000 2019 Greenway Development Subtotal 1,345,000 965,000 - 220,000 - - - - 160,000 PARK DEVELOPMENT P00074 Enhancements 275,000 275,000 NEW Lake Byllesby Master Plan Improvements 3,131,898 952,656 255,000 1,122,255 629,615 172,372 NEW Whitetail Woods Dike Improvements - P00131 Whitetail Woods Master Plan Improvements - NEW Thompson County Park MP Improvements - NEW Spring Lake Park MP Improvements - NEW Miesville Ravine MP Improvements - 2019 Park Development Subtotal 3,406,898 952,656 - 530,000 1,122,255 629,615 - - 172,372 NATURAL RESOURCES P00020 Base Program Funding 900,000 900,000 2019 Natural Resources Subtotal 900,000 - - 900,000 - - - - - 2019 Total 11,185,231 2,067,656 1,133,333 2,500,000 1,122,255 629,615 3,400,000 - 332,372 Annual Cost Parks 3 2018 - 2022 CIP Parks Capital Improvement Program Project #Project Title CPA General Fund ELF MC P&T Legacy MC-led State Bonding ($15M level) MC AOF County-led State Bonding Property Tax 2020 Section 0230 Park and Greenways 290,000 290,000 2020 Planning Subtotal 290,000 - - 290,000 - - - - - ACQUISITION P00040 Park and Greenway System 4,533,333 1,133,333 3,400,000 2020 Acquisition Subtotal 4,533,333 - 1,133,333 - - - 3,400,000 - - GENERAL P00117 NR, Greenway, and Park Improvement Grant Match 550,000 550,000 NEW Systemwide Pavement Reconstruction 165,000 165,000 NEW Park & Greenway MP Improvements - 2020 General Subtotal 715,000 165,000 - 550,000 - - - - - GREENWAY DEVELOPMENT P00075 Enhancements 242,000 242,000 P00078 Collaborative 500,000 500,000 P00093 MRRT/BRRT to St. Paul - P00109 MRRT Rosemount East - NEW Lake Marion Greenway - P00085 Big Rivers Regional Trailhead - P00127 Minnesota River Greenway - Fort Snelling Segment - NEW River to River Greenway - Underpass - NEW Pine Bend Bluff Historical Marker Restoration - 2020 Greenway Development Subtotal 742,000 500,000 - 242,000 - - - - - PARK DEVELOPMENT P00074 Enhancements 302,500 248,000 54,500 NEW Lake Byllesby Master Plan Improvements - NEW Whitetail Woods Dike Improvements - P00131 Whitetail Woods Master Plan Improvements - NEW Thompson County Park MP Improvements 1,102,001 820,806 281,195 NEW Spring Lake Park MP Improvements 1,225,647 273,027 952,620 NEW Miesville Ravine MP Improvements - 2020 Park Development Subtotal 2,630,148 1,093,833 - 248,000 952,620 - - - 335,695 NATURAL RESOURCES P00020 Base Program Funding 1,170,000 1,170,000 2020 Natural Resources Subtotal 1,170,000 - - 1,170,000 - - - - - 2020 Total 10,080,481 1,758,833 1,133,333 2,500,000 952,620 - 3,400,000 - 335,695 Annual Cost Parks 4 2018 - 2022 CIP Parks Capital Improvement Program Project #Project Title CPA General Fund ELF MC P&T Legacy MC-led State Bonding ($15M level) MC AOF County-led State Bonding Property Tax 2021 Section PLANNING 0230 Park and Greenways 275,000 275,000 2021 Planning Subtotal 275,000 - - 275,000 - - - - - ACQUISITION P00040 Park and Greenway System 4,533,333 1,133,333 3,400,000 2021 Acquisition Subtotal 4,533,333 - 1,133,333 - - - 3,400,000 - - GENERAL P00117 NR, Greenway, and Park Improvement Grant Match 550,000 550,000 NEW Systemwide Pavement Reconstruction 181,500 181,500 NEW Park & Greenway MP Improvements - 2021 General Subtotal 731,500 181,500 - 550,000 - - - - - GREENWAY DEVELOPMENT P00075 Enhancements 266,200 206,725 59,475 P00078 Collaborative 500,000 500,000 P00093 MRRT/BRRT to St. Paul - P00109 MRRT Rosemount East - NEW Lake Marion Greenway - P00085 Big Rivers Regional Trailhead - P00127 Minnesota River Greenway - Fort Snelling Segment - NEW River to River Greenway - Underpass 250,000 250,000 NEW Pine Bend Bluff Historical Marker Restoration - 2021 Greenway Development Subtotal 1,016,200 750,000 - 206,725 - - - - 59,475 PARK DEVELOPMENT P00074 Enhancements 332,750 273,275 59,475 NEW Lake Byllesby Master Plan Improvements - NEW Whitetail Woods Dike Improvements - P00131 Whitetail Woods Master Plan Improvements - NEW Thompson County Park MP Improvements 623,336 403,234 220,102 NEW Spring Lake Park MP Improvements 2,220,550 520,516 1,700,034 NEW Miesville Ravine MP Improvements 1,068,730 1,068,730 2021 Park Development Subtotal 4,245,366 923,750 - 273,275 1,068,730 1,700,034 - - 279,577 NATURAL RESOURCES P00020 Base Program Funding 1,195,000 1,195,000 2021 Natural Resources Subtotal 1,195,000 - - 1,195,000 - - - - - 2021 Total 11,996,399 1,855,250 1,133,333 2,500,000 1,068,730 1,700,034 3,400,000 - 339,052 Annual Cost Parks 5 2018 - 2022 CIP Parks Capital Improvement Program Project #Project Title CPA General Fund ELF MC P&T Legacy MC-led State Bonding ($15M level) MC AOF County-led State Bonding Property Tax 2022 Section PLANNING 0230 Park and Greenways 200,000 200,000 2022 Planning Subtotal 200,000 - - 200,000 - - - - - ACQUISITION P00040 Park and Greenway System 4,533,333 1,133,333 3,400,000 2022 Acquisition Subtotal 4,533,333 - 1,133,333 - - - 3,400,000 - - GENERAL P00117 NR, Greenway, and Park Improvement Grant Match 550,000 550,000 NEW Systemwide Pavement Reconstruction 199,650 199,650 NEW Park & Greenway MP Improvements 2,339,344 1,068,730 1,050,017 220,597 2022 General Subtotal 3,088,994 199,650 - 550,000 1,068,730 1,050,017 - - 220,597 GREENWAY DEVELOPMENT P00075 Enhancements 292,820 238,398 54,422 P00078 Collaborative 500,000 500,000 P00093 MRRT/BRRT to St. Paul - P00109 MRRT Rosemount East - NEW Lake Marion Greenway - P00085 Big Rivers Regional Trailhead - P00127 Minnesota River Greenway - Fort Snelling Segment - NEW River to River Greenway - Underpass - NEW Pine Bend Bluff Historical Marker Restoration - 2022 Greenway Development Subtotal 792,820 500,000 - 238,398 - - - - 54,422 PARK DEVELOPMENT P00074 Enhancements 366,025 311,602 54,423 NEW Lake Byllesby Master Plan Improvements - NEW Whitetail Woods Dike Improvements - P00131 Whitetail Woods Master Plan Improvements - NEW Thompson County Park MP Improvements - NEW Spring Lake Park MP Improvements - NEW Miesville Ravine MP Improvements 663,017 650,017 13,000 2022 Park Development Subtotal 1,029,042 - - 311,602 - 650,017 - - 67,423 NATURAL RESOURCES P00020 Base Program Funding 1,200,000 1,200,000 2022 Natural Resources Subtotal 1,200,000 - - 1,200,000 - - - - - 2021 Total 10,844,189 699,650 1,133,333 2,500,000 1,068,730 1,700,034 3,400,000 - 342,442 Annual Cost Parks 6 CPA General Fund ELF MC P&T Legacy MC-led State Bonding ($15M level) MC AOF County-led State Bonding Property Tax 2018 22,844,018 8,501,645 1,133,333 2,500,000 1,272,525 1,920,435 3,400,000 3,787,000 329,080 2019 11,185,231 2,067,656 1,133,333 2,500,000 1,122,255 629,615 3,400,000 - 332,372 2020 10,080,481 1,758,833 1,133,333 2,500,000 952,620 - 3,400,000 - 335,695 2021 11,996,399 1,855,250 1,133,333 2,500,000 1,068,730 1,700,034 3,400,000 - 339,052 2022 10,844,189 699,650 1,133,333 2,500,000 1,068,730 1,700,034 3,400,000 - 342,442 TOTAL 66,950,318 14,883,034 5,666,665 12,500,000 5,484,860 5,950,118 17,000,000 3,787,000 1,678,641 Annual Cost TOTAL EXPENDITURES BY YEAR Bldg - 1 2018 - 2022 CIP Buildings Capital Improvement Program PROJECT JL Key PROJECT TITLE PROJECT DESCRIPTION ANNUAL STATE ENVIRONMENTAL COUNTY TOTAL PROJECT LEAD NO.COST LEGACY FUND OTHER FUNDS LIFE COST AGENCY 2018 Section EQUIPMENT REPLACEMENT: New New Fire Panel Replacement Fire Panel Replacement 65,000 - - - 65,000 65,000 Security Services Administrator New New Northern Service Center Building Automation System Replacement Building Automation System Replacement 150,000 - - - 150,000 650,000 Building Maintenance New New Parks Building Automation System Parks Building Automation Systems 55,000 - - - 55,000 55,000 Building Maintenance New New Juvenile Service Center Boiler Replacement Boiler Replacement 165,000 - - - 165,000 165,000 Building Maintenance New New Northern Service Center DX Cooling Unit Replacement (4)Replace 4 DX Cooling Units 100,000 - - - 100,000 100,000 Building Maintenance New New Security Video Management System Upgrade Security Video Management System Upgrade 130,000 - - - 130,000 130,000 Security Services Administrator New New Card Access Reader Replacement Card Access Reader Replacement 126,000 - - - 126,000 126,000 Security Services Administrator New New Juvenile Service Center Energy Recovery Unit Cooling Condensor Replacement ERU Condensor Replacement 55,000 - - - 55,000 55,000 Building Maintenance New New Western Service Center Water Softener Replacement Water Softener Replacement 20,000 - - - 20,000 20,000 Building Maintenance BXXXX New Replace 2 Administration Center Cooling Towers Replace 2 Cooling Towers 280,900 - - - 280,900 280,900 CPM 2018 Equipment Replacement Subtotal:1,146,900 - - - 1,146,900 1,646,900 MAINTENANCE AND REPAIR: New New Northern Service Center Boiler Tube Replacement Boiler Tube Replacement 100,000 - - - 100,000 100,000 Building Maintenance New New Judicial Center Tunnel Waterproofing Tunnel Waterproofing 100,000 - - - 100,000 100,000 Building Maintenance New New Wescott Library Parapet Cap Replacement Parapet Cap Replacement 61,500 - - - 61,500 61,500 CPM New New Law Enforcement Center Housing Unit Maintenance Allocation Housing Unit Maintenance Allocation 100,000 - - - 100,000 300,000 Building Maintenance B70041 B70041 Carpet Replacement Program Carpet Replacement Program 204,000 - - - 204,000 1,082,800 CPM New New Roof Replacement Program Roof Replacement Program 95,500 - - - 95,500 2,899,500 CPM B70040 B70040 Parking Lots Seal & Repair Parking Lots Seal & Repair 132,000 - - - 132,000 761,500 Transportation 2018 Maintenance and Repair Subtotal:793,000 - - - 793,000 5,305,300 NEW CONSTRUCTION: New New Maintenance Facility Optimization Study (MFOS) Implementation Plan - Empire Site Additions MFOS Empire Site Additions 1,963,450 - - - 1,963,450 14,300,973 CPM New New Recycling Zone Study Implementation Plan Recycling Zone Implementation Plan 1,128,850 - 1,128,850 - - 8,171,680 CPM B70049 B70049 Recycling Center Site / Preliminary Design Site/Preliminary Design 2,000,000 - 2,000,000 - - 2,300,000 CPM B60012 B60012 Park Maintenance Facilities Site/Preliminary Design Site/Preliminary Design 2,000,000 - - - 2,000,000 2,300,000 CPM 2018 New Construction Subtotal:7,092,300 - 3,128,850 - 3,963,450 27,072,653 OTHER/MISCELLANEOUS: New New Law Enforcement Center Security Improvements Security Improvements 110,000 - - - 110,000 330,000 CPM New New Open Office Space Sound Masking Open Office Space Sound Masking 110,000 - - - 110,000 490,000 CPM New New Judical and Administration Center Railing Code Modifications Railing Code Modifications 450,000 - - - 450,000 450,000 CPM New New Additional Security Camera Installation Additional Security Cameras 59,000 - - - 59,000 59,000 Security Services Administrator New New Countywide Exterior Wayfinding Signage Design and Strategic Replacement Wayfinding Signage Replacement 180,000 - - - 180,000 180,000 CPM B70050 B70050 Miscellaneous Projects Miscellaneous Projects 185,000 - - - 185,000 925,000 CPM B70051 B70051 Special Assessments Special Assessments 20,000 - - - 20,000 100,000 CPM B70052 B70052 Storm Water Improvements Storm Water Improvements 25,000 - - - 25,000 125,000 CPM 2018 Other/Miscellaneous Subtotal:1,139,000 - - - 1,139,000 2,659,000 PLANNING: New New Northern Service Center Every Door Is Open Programming/Schematic Design Space Programming and Schematic Design 180,000 - - - 180,000 180,000 CPM New New Countywide ADA Assessment and Barrier Removal Transition Plan ADA Assessment & Barrier Removal Plan 120,000 - - - 120,000 120,000 CPM New New Countywide Parks Building Space Needs Assessment Parks Building Space Needs Assessment 40,000 - - - 40,000 40,000 CPM 2018 Planning Subtotal:340,000 - - - 340,000 340,000 RENOVATION: New New Judicial Center Courtroom Security Upgrades Courtroom Security Upgrades 110,500 24,000 - - 86,500 110,500 CPM New New Law Enforcement Center Office and Conference Space Reconfiguration - First Floor Office & Conference Space Reconfiguration - 1st Floor 220,000 - - - 220,000 220,000 CPM New New Judicial Center County Attorney's Office Space Noise Mitigation Office Space Noise Mitigation 140,000 - - - 140,000 140,000 CPM New New Countywide Security Enhancements Security Enhancements 75,000 - - - 75,000 75,000 Security Systems Administrator New New Law Enforcement Center ICCR Holding Cell Modifications ICCR Holding Cell Modifications 95,000 - - - 95,000 95,000 CPM B30029 B30029 Heritage Library Renovation Renovation 1,080,000 - - - 1,080,000 5,080,000 CPM B30026 B30026 Pleasant Hill Library Renovation Renovation 845,000 - - - 845,000 2,805,000 CPM New New Renovate NSC Public Health Clinic Renovate Public Health Clinic 339,000 - - - 339,000 339,000 CPM B70054 B70054 Adjustable Work Stations Adjustable Work Stations 400,000 - - - 400,000 1,600,000 CPM B30031 New Galaxie Library Renovation Renovation 3,860,000 - - - 3,860,000 5,400,000 CPM B70055 B70055 Parking Lots LED Conversion Parking Lots LED Conversion 118,000 - - - 118,000 421,000 CPM BXXXX New LEC Interior Finishes Replacement Interior Finishes Replacement 30,000 - - - 30,000 30,000 Building Maintenance B70056 B70056 Countywide Office Space Reconfigurations Office Space Reconfigurations 450,000 - - - 450,000 2,435,000 CPM 2018 Renovation Subtotal:7,762,500 24,000 - - 7,738,500 18,750,500 2018 TOTAL 18,273,700 24,000 3,128,850 - 15,120,850 55,774,353 Bldg - 2 2018 - 2022 CIP Buildings Capital Improvement Program PROJECT JL Key PROJECT TITLE PROJECT DESCRIPTION ANNUAL STATE ENVIRONMENTAL COUNTY TOTAL PROJECT LEAD NO.COST LEGACY FUND OTHER FUNDS LIFE COST AGENCY 2019 Section EQUIPMENT REPLACEMENT: New New Northern Service Center Building Automation System Replacement Building Automation System Replacement 500,000 - - - 500,000 650,000 Building Maintenance New New Dakota Communications Center Programmed Equipment Replacement Programmed Equipment Replacement 168,925 - - 168,925 - 280,910 Building Maintenance New New Juvenile Service Center Laundry Upgrade Laundry Upgrade 31,000 - - - 31,000 31,000 Building Maintenance BXXXX BXXXX Upgrade Fuel Tracking Systems Upgrade Fuel Tracking System 192,610 - - - 192,610 192,610 CPM BXXXX BXXXX Replace (5) Juvenile Service Center HVAC Rooftop Units JSC rooftop (5) replacement 150,000 - - - 150,000 150,000 Building Maintenance BXXXX New Replace Pneumatic BAS Controls Replace Pneumatic BAS System 150,000 - - - 150,000 150,000 CPM 2019 Equipment Replacement Subtotal:1,192,535 - - 168,925 1,023,610 1,454,520 MAINTENANCE AND REPAIR: New New Judicial Center Public Restrooms Renovation Public Restrooms Renovation 43,200 - - - 43,200 403,200 CPM New New Law Enforcement Center Housing Unit Maintenance Allocation Housing Unit Maintenance Allocation 100,000 - - - 100,000 300,000 Building Maintenance B70041 B70041 Carpet Replacement Program Carpet Replacement Program 210,000 - - - 210,000 1,082,800 CPM New New Roof Replacement Program Roof Replacement Program 797,500 - - - 797,500 2,899,500 CPM B70040 B70040 Parking Lots Seal & Repair Parking Lots Seal & Repair 226,500 - - - 226,500 761,500 Transportation 2019 Maintenance and Repair Subtotal:1,377,200 - - - 1,377,200 5,447,000 NEW CONSTRUCTION: New New Maintenance Facility Optimization Study (MFOS) Implementation Plan - Empire Site Additions MFOS Empire Site Additions 5,598,561 - - - 5,598,561 14,300,973 CPM New New Recycling Zone Study Implementation Plan Recycling Zone Implementation Plan 4,024,324 - 4,024,324 - - 8,171,680 CPM New New Public Safety Facility - Bonding Request Project Public Safety Facility 1,980,000 - - 990,000 990,000 13,200,000 CPM 2019 New Construction Subtotal:11,602,885 - 4,024,324 990,000 6,588,561 35,672,653 OTHER/MISCELLANEOUS: New New Law Enforcement Center Security Improvements Security Improvements 55,000 - - - 55,000 330,000 CPM New New Open Office Space Sound Masking Open Office Space Sound Masking 170,000 - - - 170,000 490,000 CPM B70050 B70050 Miscellaneous Projects Miscellaneous Projects 185,000 - - - 185,000 925,000 CPM B70051 B70051 Special Assessments Special Assessments 20,000 - - - 20,000 100,000 CPM B70052 B70052 Storm Water Improvements Storm Water Improvements 25,000 - - - 25,000 125,000 CPM 2019 Other/Miscellaneous Subtotal:455,000 - - - 455,000 1,970,000 RENOVATION: B30029 B30029 Heritage Library Renovation Renovation 3,600,000 - - - 3,600,000 5,080,000 CPM B30026 B30026 Pleasant Hill Library Renovation Renovation 1,960,000 - - - 1,960,000 2,805,000 CPM B70054 B70054 Adjustable Work Stations Adjustable Work Stations 400,000 - - - 400,000 1,600,000 CPM B30031 New Galaxie Library Renovation Renovation 340,000 - - - 340,000 5,400,000 CPM B70056 B70056 Countywide Office Space Reconfigurations Office Space Reconfigurations 450,000 - - - 450,000 2,435,000 CPM 2019 Renovation Subtotal:6,750,000 - - - 6,750,000 17,320,000 2019 TOTAL 21,377,620 - 4,024,324 1,158,925 16,194,371 61,864,173 Bldg - 3 2018 - 2022 CIP Buildings Capital Improvement Program PROJECT JL Key PROJECT TITLE PROJECT DESCRIPTION ANNUAL STATE ENVIRONMENTAL COUNTY TOTAL PROJECT LEAD NO.COST LEGACY FUND OTHER FUNDS LIFE COST AGENCY 2020 Section EQUIPMENT REPLACEMENT: New New Heritage Library - Replace 2000 DX Cooling Unit Replace 2000 DX Cooling Unit 105,000 - - - 105,000 105,000 Building Maintenance New New Wentworth Library Boiler Replacement Boiler Replacement 175,000 - - - 175,000 175,000 Building Maintenance BXXXX New Replace Inver Glen Library 80 Ton Chiller Replace 80 Ton Chiller 115,000 - - - 115,000 115,000 Building Maintenance BXXXX New Replace Juvenile Services Center 35 & 42 Ton Cooling Units Replace 35 & 42 Ton Cooling Units 175,000 - - - 175,000 175,000 Building Maintenance 2020 Equipment Replacement Subtotal:570,000 - - - 570,000 570,000 MAINTENANCE AND REPAIR: New New Judicial Center Public Restrooms Renovation Public Restrooms Renovation 360,000 - - - 360,000 403,200 CPM New New Western Service Center Loading Dock Modifications Loading Dock Modifications 75,000 - - - 75,000 75,000 CPM New New Judicial Center Loading Dock Modifications Loading Dock Modifications 75,000 - - - 75,000 75,000 CPM New New Law Enforcement Center Housing Unit Maintenance Allocation Housing Unit Maintenance Allocation 100,000 - - - 100,000 300,000 Building Maintenance B70041 B70041 Carpet Replacement Program Carpet Replacement Program 216,300 - - - 216,300 1,082,800 CPM New New Roof Replacement Program Roof Replacement Program 893,000 - - - 893,000 2,899,500 CPM B70040 B70040 Parking Lots Seal & Repair Parking Lots Seal & Repair 179,000 - - - 179,000 761,500 Transportation 2020 Maintenance and Repair Subtotal:1,898,300 - - - 1,898,300 5,597,000 NEW CONSTRUCTION: New New Maintenance Facility Optimization Study (MFOS) Implementation Plan - Empire Site Additions MFOS Empire Site Additions 6,738,962 - - - 6,738,962 14,300,973 CPM New New Recycling Zone Study Implementation Plan Recycling Zone Implementation Plan 3,018,506 - 3,018,506 - - 8,171,680 CPM New New Public Safety Facility - Bonding Request Project Public Safety Facility 6,600,000 - - 3,300,000 3,300,000 13,200,000 CPM 2020 New Construction Subtotal:16,357,468 - 3,018,506 3,300,000 10,038,962 35,672,653 OTHER/MISCELLANEOUS: New New Law Enforcement Center Security Improvements Security Improvements 55,000 - - - 55,000 330,000 CPM New New Open Office Space Sound Masking Open Office Space Sound Masking 155,000 - - - 155,000 490,000 CPM B70050 B70050 Miscellaneous Projects Miscellaneous Projects 185,000 - - - 185,000 925,000 CPM BXXXX New Wentworth Library Needs Assessment Needs Assessment 40,000 - - - 40,000 40,000 CPM B70051 B70051 Special Assessments Special Assessments 20,000 - - - 20,000 100,000 CPM B70052 B70052 Storm Water Improvements Storm Water Improvements 25,000 - - - 25,000 125,000 CPM 2020 Other/Miscellaneous Subtotal:480,000 - - - 480,000 2,010,000 RENOVATION: B30029 B30029 Heritage Library Renovation Renovation 400,000 - - - 400,000 5,080,000 CPM B70054 B70054 Adjustable Work Stations Adjustable Work Stations 400,000 - - - 400,000 1,600,000 CPM B70055 B70055 Parking Lots LED Conversion Parking Lots LED Conversion 208,000 - - - 208,000 421,000 CPM B70056 B70056 Countywide Office Space Reconfigurations Office Space Reconfigurations 450,000 - - - 450,000 2,435,000 CPM New New County Museum ADA Improvements ADA Improvements 1,200,000 - - - 1,200,000 1,200,000 CPM 2020 Renovation Subtotal:2,658,000 - - - 2,658,000 10,736,000 2020 TOTAL 21,963,768 - 3,018,506 3,300,000 15,645,262 54,585,653 Bldg - 4 2018 - 2022 CIP Buildings Capital Improvement Program PROJECT JL Key PROJECT TITLE PROJECT DESCRIPTION ANNUAL STATE ENVIRONMENTAL COUNTY TOTAL PROJECT LEAD NO.COST LEGACY FUND OTHER FUNDS LIFE COST AGENCY 2021 Section EQUIPMENT REPLACEMENT: New New Programmed Security Camera Replacement Security Camera Replacement 187,000 - - - 187,000 187,000 Security Services Administrator 2021 Equipment Replacement Subtotal:187,000 - - - 187,000 187,000 MAINTENANCE AND REPAIR: B70041 B70041 Carpet Replacement Program Carpet Replacement Program 223,000 - - - 223,000 1,082,800 CPM New New Roof Replacement Program Roof Replacement Program 798,500 - - - 798,500 2,899,500 CPM B70040 B70040 Parking Lots Seal & Repair Parking Lots Seal & Repair 112,000 - - - 112,000 761,500 Transportation 2021 Maintenance and Repair Subtotal:1,583,500 - - - 1,583,500 7,178,800 NEW CONSTRUCTION: New New Public Safety Facility - Bonding Request Project Public Safety Facility 4,620,000 - - 2,310,000 2,310,000 13,200,000 CPM New New Maintenance Facility Optimization Study (MFOS) Implementation Plan - New South Facility MFOS New South Facility 1,468,092 - - - 1,468,092 10,620,822 CPM 2021 New Construction Subtotal:6,088,092 - - 2,310,000 3,778,092 23,820,822 OTHER/MISCELLANEOUS: New New Law Enforcement Center Security Improvements Security Improvements 55,000 - - - 55,000 330,000 CPM New New Open Office Space Sound Masking Open Office Space Sound Masking 55,000 - - - 55,000 490,000 CPM B70050 B70050 Miscellaneous Projects Miscellaneous Projects 185,000 - - - 185,000 925,000 CPM B70051 B70051 Special Assessments Special Assessments 20,000 - - - 20,000 100,000 CPM B70052 B70052 Storm Water Improvements Storm Water Improvements 25,000 - - - 25,000 125,000 CPM 2021 Other/Miscellaneous Subtotal:340,000 - - - 340,000 1,970,000 PLANNING: New New Wescott Library Needs Assessment Needs Assessment 50,000 - - - 50,000 50,000 CPM New New Robert Trail Library Needs Assessment Needs Assessment 45,000 - - - 45,000 45,000 CPM 2021 Planning Subtotal:95,000 - - - 95,000 95,000 RENOVATION: New New Wentworth Library Design and Renovation Design and Renovation 1,229,518 - - - 1,229,518 6,147,591 CPM B70054 B70054 Adjustable Work Stations Adjustable Work Stations 400,000 - - - 400,000 1,600,000 CPM 2021 Renovation Subtotal:1,629,518 - - - 1,629,518 7,747,591 2021 TOTAL 9,923,110 - - 2,310,000 7,613,110 40,999,213 Bldg - 5 2018 - 2022 CIP Buildings Capital Improvement Program PROJECT JL Key PROJECT TITLE PROJECT DESCRIPTION ANNUAL STATE ENVIRONMENTAL COUNTY TOTAL PROJECT LEAD NO.COST LEGACY FUND OTHER FUNDS LIFE COST AGENCY 2022 Section EQUIPMENT REPLACEMENT: New New Dakota Communications Center Programmed Equipment Replacement Programmed Equipment Replacement 111,985 - - 111,985 - 280,910 Building Maintenance 2022 Equipment Replacement Subtotal:111,985 - - 111,985 - 280,910 MAINTENANCE AND REPAIR: B70041 B70041 Carpet Replacement Program Carpet Replacement Program 229,500 - - - 229,500 1,082,800 CPM New New Roof Replacement Program Roof Replacement Program 315,000 - - - 315,000 2,899,500 CPM B70040 B70040 Parking Lots Seal & Repair Parking Lots Seal & Repair 112,000 - - - 112,000 761,500 Transportation 2022 Maintenance and Repair Subtotal:1,106,500 - - - 1,106,500 7,178,800 NEW CONSTRUCTION: New New Maintenance Facility Optimization Study (MFOS) Implementation Plan - New South Facility MFOS New South Facility 5,234,323 - - - 5,234,323 10,620,822 CPM 2022 New Construction Subtotal:5,234,323 - - - 5,234,323 10,620,822 OTHER/MISCELLANEOUS: New New Law Enforcement Center Security Improvements Security Improvements 55,000 - - - 55,000 330,000 CPM B70050 B70050 Miscellaneous Projects Miscellaneous Projects 185,000 - - - 185,000 925,000 CPM B70051 B70051 Special Assessments Special Assessments 20,000 - - - 20,000 100,000 CPM B70052 B70052 Storm Water Improvements Storm Water Improvements 25,000 - - - 25,000 125,000 CPM 2022 Other/Miscellaneous Subtotal:335,000 - - - 335,000 1,530,000 RENOVATION: New New Wentworth Library Design and Renovation Design and Renovation 4,303,314 - - - 4,303,314 6,147,591 CPM New New Wescott Library Design and Renovation Design and Renovation 1,828,846 - - - 1,828,846 9,144,230 CPM New New Robert Trail Library and License Center Design and Construction Design and Renovation 1,092,010 - - - 1,092,010 5,460,049 CPM 2022 Renovation Subtotal:7,224,170 - - - 7,224,170 20,751,870 2022 TOTAL 14,011,978 - - 111,985 13,899,993 40,362,402 ANNUAL STATE ENVIRONMENTAL OTHER COUNTY TOTAL PROJECT YEAR COST LEGACY FUND FUNDS LIFE COST 2018 18,273,700 24,000 3,128,850 - 15,120,850 55,774,353 2019 21,377,620 - 4,024,324 1,158,925 16,194,371 61,864,173 2020 21,963,768 - 3,018,506 3,300,000 15,645,262 54,585,653 2021 9,923,110 - - 2,310,000 7,613,110 40,999,213 2022 14,011,978 - - 111,985 13,899,993 40,362,402 TOTAL 85,550,176 24,000 10,171,680 6,880,910 68,473,586 5-YEAR CIP STATE ENVIRONMENTAL OTHER COUNTY TOTAL PROJECT COST LEGACY FUND FUNDS LIFE COST EQUIPMENT REPLACEMENT 3,208,420 0 0 280,910 2,927,510 4,139,330 MAINTENANCE AND REPAIR 6,758,500 0 0 0 6,758,500 30,706,900 NEW CONSTRUCTION 46,375,068 0 10,171,680 6,600,000 29,603,388 132,859,603 OTHER/MISCELLANEOUS 2,749,000 0 0 0 2,749,000 10,139,000 PLANNING 435,000 0 0 0 435,000 435,000 RENOVATION 26,024,188 24,000 0 0 26,000,188 75,305,961 TOTAL 85,550,176 24,000 10,171,680 6,880,910 68,473,586 TOTAL EXPENDITURES BY YEAR TOTAL EXPENDITURES BY FUNCTION BD - 1 2018 - 2022 CIP - Byllesby Dam Capital Improvement Program PROJECT PROJECT TITLE ANNUAL STATE COUNTY TOTAL PROJECT PROJECT NO.COST GENERAL FUND COST TYPE 2018 Section BD00008 Turbine Upgrade 12,311,000 6,000,000 6,311,000 12,311,000 Maintenance and Enhancement 2018 Total 12,311,000 6,000,000 6,311,000 12,311,000 2019 Section 2019 Total - - - - 2020 Section 2020 Total - - - - 2021 Section 2021 Total - - - - 2022 Section 2022 Total - - - - ANNUAL STATE COUNTY TOTAL PROJECT YEAR COST GENERAL FUND LIFE COST 2018 12,311,000 6,000,000 6,311,000 12,311,000 2019 - - - - 2020 - - - - 2021 - - - - 2022 - - - - 12,311,000 6,000,000 6,311,000 12,311,000 TOTAL EXPENDITURES BY YEAR ER - 1 2018 - 2022 CIP - Environmental Resources Capital Improvement Program PROJECT PROJECT TITLE PROJECT DESCRIPTION ANNUAL STATE ENVIRONMENTAL TOTAL PROJECT LEAD PROJECT NO.COST LEGACY FUND COST AGENCY TYPE 2018 Section NEW ML18 ENRTF Wetland Restoration and Water Retention Wetland Restoration/Water Retention 2,450,000 1,960,000 490,000 2,450,000 Dakota County Other/Miscellaneous NEW ML18 OH Habitat Protection/Restoration Phase VI ML18 OH Habitat Protection 8,335,000 6,250,000 2,085,000 8,335,000 Dakota County Other/Miscellaneous 2018 Total 10,785,000 8,210,000 2,575,000 10,785,000 2019 Section 2019 Total - - - - 2020 Section 2020 Total - - - - 2021 Section 2021 Total - - - - 2022 Section 2022 Total - - - - ANNUAL STATE ENVIRONMENTAL TOTAL PROJECT YEAR COST LEGACY FUND LIFE COST 2018 10,785,000 8,210,000 2,575,000 10,785,000 2019 - - - - 2020 - - - - 2021 - - - - 2022 - - - - 10,785,000 8,210,000 2,575,000 10,785,000 TOTAL EXPENDITURES BY YEAR DN - 1 2018 - 2022 CIP - Data Networks Capital Improvement Program PROJECT JL Key PROJECT TITLE PROJECT DESCRIPTION ANNUAL COUNTY TOTAL PROJECT LEAD NO.COST FUNDS COST AGENCY 2018 Section 1 DNXXXXX Inter-County Fiber Optic Projects DBB JPO 800,000 800,000 2,400,000 Dakota County-IT 2 DNXXXXX Dakota County Broadband Gap Projects DBB JPO 1,080,000 1,080,000 1,080,000 Dakota County-IT 3 DNXXXXX Broadband Asset Inventory Project DBB JPO 400,000 400,000 400,000 Dakota County-IT 2018 Total 2,280,000 2,280,000 3,880,000 2019 Section 1 DNXXXXX Inter-County Fiber Optic Projects DBB JPO 400,000 400,000 2,400,000 Dakota County-IT 2019 Total 400,000 400,000 2,400,000 2020 Section 1 DNXXXXX Inter-County Fiber Optic Projects DBB JPO 400,000 400,000 2,400,000 Dakota County-IT 2020 Total 400,000 400,000 2,400,000 2021 Section 1 DNXXXXX Inter-County Fiber Optic Projects DBB JPO 400,000 400,000 2,400,000 Dakota County-IT 2021 Total 400,000 400,000 2,400,000 2022 Section 1 DNXXXXX Inter-County Fiber Optic Projects DBB JPO 400,000 400,000 2,400,000 Dakota County-IT 2022 Total 400,000 400,000 2,400,000 ANNUAL COST COUNTY FUNDS TOTAL PROJECT COST 2018 2,280,000 2,280,000 3,880,000 2019 400,000 400,000 2,400,000 2020 400,000 400,000 2,400,000 2021 400,000 400,000 2,400,000 2022 400,000 400,000 2,400,000 TOTAL 3,880,000 3,880,000 13,480,000 TOTAL EXPENDITURES BY YEAR Sales Tax 1 2018 - 2022 CIP - Transportation Sales & Use Tax Capital Improvement Program PROJECT PROJECT TYPE PROJECT TITLE PROJECT DESCRIPTION ANNUAL CITY FEDERAL STATE SALES TAX TOTAL PROJECT LEAD NO.COST SHARE FUNDING COST AGENCY 2018 Section NEW Regional County Highway Project Reconstruction of CSAH 70 Preliminary Design 1,750,000 787,500 - - 962,500 21,875,000 Dakota County NEW Regional Trail Project Greenway Development: MRRT Rosemount East Construction 5,000,000 - - - 5,000,000 5,000,000 Dakota County NEW Transit Service Expansion MVTA Bus Shelter Pads and Installation Various Locations 25,000 - - - 25,000 25,000 MVTA NEW Trunk Highway TH 77 NB - MnPass Lane Preliminary Design 50,000 - - - 50,000 50,000 MnDOT NEW Transit Service Expansion Transit Service Expansion - Set aside Various Locations 975,000 - - - 975,000 975,000 Dakota County 2018 Total 7,800,000 787,500 - - 7,012,500 27,925,000 2019 Section NEW Regional County Highway Project Reconstruction of CSAH 70 Right of Way 2,625,000 1,181,250 - - 1,443,750 21,875,000 Dakota County NEW Transit Service Expansion MVTA Bus Shelter Pads and Installation Various Locations 50,000 - - - 50,000 50,000 Dakota County NEW Transit Service Expansion Transit Service Expansion - Set aside Various Locations 950,000 - - - 950,000 950,000 Dakota County 2019 Total 3,625,000 1,181,250 - - 2,443,750 22,875,000 2020 Section NEW Regional County Highway Project Reconstruction of CSAH 70 Construction 17,500,000 7,875,000 - - 9,625,000 21,875,000 Dakota County NEW Transit Service Expansion MVTA Bus Shelter Pads and Installation Various Locations 50,000 - - - 50,000 50,000 Dakota County NEW Transit Service Expansion Transit Service Expansion - Set aside Various Locations 950,000 - - - 950,000 950,000 Dakota County 2020 Total 18,500,000 7,875,000 - - 10,625,000 22,875,000 2021 Section NEW Transit Service Expansion Reimburse Regional Rail Capital Costs Transfer to Regional Rail 696,840 - - - 696,840 1,735,303 DCRRA NEW Transit Service Expansion MVTA Bus Shelter Pads and Installation Various 50,000 - - - 50,000 50,000 Dakota County NEW Transit Service Expansion Transit Service Expansion - Set aside Various Locations 950,000 - - - 950,000 950,000 Dakota County 2021 Total 1,696,840 - - - 1,696,840 2,735,303 2022 Section NEW Transit Service Expansion City of Burnsville - Pedestrian Crossing TH 13 @ Nicollet 825,000 - - - 825,000 825,000 Burnsville NEW Transit Service Expansion Reimburse Regional Rail Capital Costs Transfer to Regional Rail 1,038,463 - - - 1,038,463 1,735,303 DCRRA NEW Transit Service Expansion MVTA Bus Shelter Pads and Installation Various Locations 50,000 - - - 50,000 50,000 Dakota County NEW Transit Service Expansion Transit Service Expansion - Set aside Various Locations 950,000 - - - 950,000 950,000 Dakota County 2022 Total 2,863,463 - - - 2,863,463 3,560,303 ANNUAL CITY FEDERAL STATE SALES TAX YEAR COST SHARE FUNDING 2018 7,800,000 787,500 - - 7,012,500 2019 3,625,000 1,181,250 - - 2,443,750 2020 18,500,000 7,875,000 - - 10,625,000 2021 1,696,840 - - - 1,696,840 2022 2,863,463 - - - 2,863,463 TOTAL 34,485,303 9,843,750 - - 24,641,553 Sales Tax Ops 1 2018 - 2022 DC Transportation Sales & Use Tax Transit Operating Program PROJECT PROJECT TYPE PROJECT TITLE PROJECT DESCRIPTION ANNUAL STATE SALES TAX TOTAL PROJECT NO.COST FUNDING COST 2018 Section 2018 Total - - - - 2019 Section 2019 Total - - - - 2020 Section NEW Transitway METRO Orange Line Phase I Transitway Operations 475,767 - 475,767 1,994,890 2020 Total 475,767 - 475,767 1,994,890 2021 Section NEW Transitway METRO Orange Line Phase I Transitway Operations 490,753 - 490,753 1,994,890 N EW Transitway Orange Line Extension Transitway Operations 1,327,582 - 1,327,582 4,109,520 2021 Total 1,818,335 - 1,818,335 6,104,410 2022 Section NEW Transitway METRO Orange Line Phase I Transitway Operations 506,212 - 506,212 1,994,890 N EW Transitway Orange Line Extension Transitway Operations 1,369,401 - 1,369,401 4,109,520 2022 Total 1,875,613 - 1,875,613 6,104,410 Rail 1 2018 - 2022 CIP - Regional Rail Capital Improvement Program PROJECT PROJECT TITLE PROJECT DESCRIPTION ANNUAL CITY FEDERAL STATE MET COUNCIL MVTA TRANSPORTATION AUTHORITY TOTAL PROJECT LEAD NO.COST SHARE SALES & USE TAX FUNDS COST AGENCY 2018 Section RR00001 METRO Orange Line-Phase I Authority & CTIB Share 3,221,750 - - - - - - 3,221,750 5,402,834 Met Council NEW METRO Orange Line Extension Preliminary Design/Enviornmental 300,000 - - - - - - 300,000 10,500,000 Met Council RR00003 Apple Valley Transit Station Design 706,741 - - - - - - 706,741 706,741 MVTA NEW Bicycle and Pedestrian Improvements METRO Red Line 100,000 20,000 - - - - - 80,000 222,926 Authority 2018 Total 4,328,491 20,000 - - - - 4,308,491 16,832,501 2019 Section RR00001 METRO Orange Line-Phase I Authority & CTIB Share 2,181,084 - - - - - - 2,181,084 5,402,834 Met Council NEW METRO Orange Line Extension Design 285,000 - - - - - - 285,000 10,500,000 Met Council NEW Palomino Station and Park & Ride Study Contingent upon TH77 MnPass Evaluation 250,000 - - - - 112,500 - 137,500 250,000 Authority 2019 Total 2,716,084 - - - - 112,500 - 2,603,584 16,152,834 2020 Section NEW METRO Orange Line Extension Construction 9,915,000 - 7,000,000 1,050,000 - - - 1,865,000 10,500,000 Met Council NEW Cliff Road Walk-up Station Design 433,360 - - - - - - 433,360 2,600,160 Met Council 2020 Total 10,348,360 - 7,000,000 1,050,000 - - - 2,298,360 13,100,160 2021 Section NEW Cliff Road Walk-up Station Construction 2,166,800 - 1,733,440 - 433,360 - - - 2,600,160 Met Council NEW Palomino Station Preliminary Design/Environmental 1,742,100 - - 1,045,260 - - 696,840 - 33,000,000 TBD 2021 Total 3,908,900 - 1,733,440 1,045,260 433,360 - 696,840 - 35,600,160 2022 Section NEW Bicycle and Pedestrian Improvements METRO Red Line 122,926 24,585 - - - - 98,341 - 222,926 Authority NEW Robert Street Transitway Design 100,000 - - - - - 100,000 - 30,603,154 Authority NEW Palomino Station Design 1,742,100 - - 1,045,260 348,420 - 348,420 - 33,000,000 TBD NEW Implementation Plan Update METRO Red Line 491,702 - - - - - 491,702 - 491,702 TBD 2022 Total 2,456,728 24,585 - 1,045,260 348,420 - 1,038,463 - 64,317,782 YEAR ANNUAL COST CITY SHARE FEDERAL STATE MET COUNCIL MVTA TRANSPORTATION SALES & USE TAX AUTHORITY FUNDS 2018 4,328,491 20,000 - - - - - 4,308,491 2019 2,716,084 - - - - 112,500 - 2,603,584 2020 10,348,360 - 7,000,000 1,050,000 - - - 2,298,360 2021 3,908,900 - 1,733,440 1,045,260 433,360 - 696,840 - 2022 2,456,728 24,585 - 1,045,260 348,420 - 1,038,463 - TOTAL 23,758,563 44,585 8,733,440 3,140,520 781,780 112,500 1,735,303 9,210,435 CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION OF SUPPORT FOR THE DRAFT 2018-2022 CAPITAL IMPROVEMENT PROGRAM FOR DAKOTA COUNTY WHEREAS, the City Council of the City of Apple Valley has reviewed the draft 2018- 2022 Transportation, Building, Parks/Greenways, Environmental Resources, Data Networks, Transportation Sales & Use Tax and Regional Rail Capital Improvement Program documents provided by Dakota County; and WHEREAS, the City Council wishes to provide comments to Dakota County based on said documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. The City of Apple Valley hereby supports inclusion of the following projects into the 2018-2022 Capital Improvement Program for Dakota County: Location Extent Improvement Year CSAH 38 (McAndrews Rd.) CSAH 31 (Pilot Knob Rd.) to TH3 Roadway Widening from 2-lanes to 3- lanes 2018 CSAH 31 (Pilot Knob Rd.) and CSAH 46 (160th St.) CSAH 46 from CSAH 5 to Pilot Knob Rd.; CSAH 31 from Upper 182nd St. W. to CSAH 32 (Cliff Rd.) ATMS (Advanced Traffic Management System) – Signal Timing Upgrades 2018 Apple Valley Transit Station Cedar Ave Transitway (Red Line) Design of Parking Structure Expansion 2018 TH 77 (Cedar Ave.) Apple Valley and Eagan Preliminary Design of Future MnPass (3rd) Northbound Lane 2018 CSAH 42 Intersections of: Redwood Dr., Elm Dr., Garden View Dr., Hayes Rd., Pennock Ave., Garrett Ave., Galaxie Ave., and Diamond Path Traffic Signal Rebuilds 2018- 2020 CSAH 11 Intersection of CSAH 38 (McAndrews Rd.) and 140th St. Traffic Signal Rebuild 2019 Palomino Station Cedar Ave. Transitway (Red Line) Park/Ride Study and Station Design 2019- 2022 CSAH 38 (McAndrews Rd.) Apple Valley Repair/Replace Retaining Walls 2020 2 CSAH 23 (Cedar Ave.) Intersection of 140th St. Pedestrian Overpass on North Side 2020- 2022 CSAH 33 (Diamond Path) Intersection of 140th St. Construction of a Roundabout 2020- 2022 2. In reference to the CSAH 42 traffic signal work noted above, the City of Apple Valley does not support the removal of the traffic control signal system on CSAH 42 at the intersection of Elm Dr. 3. The City of Apple Valley requests that Dakota County consider the future construction of an off-street bituminous trail along the south side of CSAH 38 (McAndrews Rd.) from Galaxie Ave. to Garden View Dr. 4. The City of Apple Valley requests that Dakota County consider the future construction of a grade-separated crossing of CSAH 42 between Flagstaff Ave. and Johnny Cake Ridge Rd. for the future extension of the North Creek Regional Greenway trail. 5. The City of Apple Valley requests that Dakota County Capital Improvement Program include funding for expedited construction of a pedestrian bridge skyway crossing over CSAH 23 (Cedar Ave.) at the 147th St. W. BRT Station Stop. 6. The City requests the County add $50,000 in planning funds for a transit station area study in 2018, leveraging the $35,000 the City has received from the Met Council, as the local match from the City. ADOPTED this 26th day of October, 2017. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. 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CT 22 129th ST W FOREST CT WAY CT FIRELIGHTFOUNTAIN FOUNTAINF 143rd ST ST W CT W U 129th U HAMLET CTL HAMLETSAFARI PASSG ANTRY LNGERMANE GARLAND AVEGENEVACTST W GAVOTTEGERMANE GARDENIA CT GABLE YANCEY CHAPARRALS W E E T W A T E R PONYSTCTHIALEAH HUN TINGTON TE RR AC E H U N T IN G T O N D R CIRC T ST W ST W ST CT W ST.CT134th HAVELOCKCT HAVELOCK GUNFLINTPATHGOSSAMERCTG E O R G I A D R GEORGIA DRGLADIOLA CT U P P E R 139thS T W GLAZIER32 H E Y W O O D CT CTHERALDHOLYOKE 138th ST CT 138th ST W HEYW OOD CT DRRIMROCK 1 4 1 s t C T W 1 4 1st S T C T CTHERITAGE 142nd STAVEHEYWOOD144th ST W S N 144th ST WALNUT LN GUTHRIEU GUTHRIE CT CT GLENCOVE U 145th ST W C T WU 1 4 5 th DRU 146th ST W L 147th ST W 147th ST W149th ST W GRANADA AVEOAKWOOD RDWALNUTSTRESECIRCIRSTRESELNELM DR REDWOOD DRJ U N DR LOWELLD RKELLER L A K E ROME RAMSDELL DR HOPEWELLLNDR TR15 9th HALLMARK PATHCT CT HEYWOOD WAY HAYESBEACON LNDUCHESS LNFIRESIDE DR PENNOCK LNCIRGALLANT CTGALVESTONG A R R E T T D R 146th ST 146th ST W FRIDLEY WAYCTFREEPORT WAYFAIRLAWN AVEDRN MC TCHAPARRAL HYLAND POINTE CTHYACINTH FOREST LN FLINTWOODFLINTWOOD FLORIDA LN DULUTH DRD U B L IN R D125W DORY35 C T 1 3 7 t h 13 8th 1 3 9 t h C T U 138th CTHEMLOCK33 EMERALDWAYFLAG EMBER CT 24 FALCON CTF A L C O N D R HERITAGELN F A L L B R O O KCT FAWN RIDGEFAIROAK 137th ST W CTH U M M I N G B I R D DI AMOND PATHEDGEWATERPATHECHO LN GARVIN BROOK LN PATH 20 DIAMOND PATH FELDSPAR GENEDUTCHMAN WAY DUPONT CTDUNLINDUTCHESSCT PATHDUNDEECTCT DUNWOOD TR DUNDEE AVEFOOTBRIDGE WAY FLAGSTONE TRWAYFLAXPENNOCK AVEGLEN WAY GLEN CEDAR AVE.SFINDLAYFINDLAY FOSSIL LN FINDLAYFINDLAY CT FLAIR FINDLAY AVE132ndST CT W GASLIGHT DRGURNEY CT HARMONY GLADIOLA LN HEMLOCKFALCONAVEL N LN DRFENNEL CT FESCUEAVEFIN E W O O D FJORD147th ST W 147th ST W GALAXIE AVE150th ST W150th ST W LN125th CT WAVED R LN W AVEPATHVIEW B R O O K P A T HCT CTCT W A YANCT LN AVELN EXLEY WAY WAYCTCTAVEW A Y FIRE AVEAVEPATHCTLN GLADIOLACTCTFLOR A WAY PATHCT WREDWELL LNC O R TLA N D D R CT WAYCTCTPATH 135th D R CT CTAVEGREENLEAF LNA V E E V E R TRPATH CTD U N D E E A V E W AYAVEWAY 141stCT E D C T PATH GARDENGATEAVE150th ST W CT W LN CTWAY AVETRWAYCTCT TR1 4 7 th S T W FLORENCE TR GADWELL ST FOLIAGEPATHFLAGSTAFF AVEFORUMFLANDERSPATHW W W W ST W W W W PENNOCKAVE30WAY WAYPATHENDICOTTLO W E RW 139th CT W 23 46 CIMARRON 38McANDREWS RD McANDREWS RD 38 38 38 CT GALAXIE FOXTAIL38 CT42 42 31 33 31 31 33 77 11 GEWAYFJORDLNFINCHINTERSTATE 35EINTERSTATE 35EBELMONTCTPONY LN EGARDEN VIEWGARDEN VIEW GARDEN VIEWGARDEN VIEWMcIN T O S H D R C T W S T 159th GA R RE TT DR FLAGSTAFF AVEENERGYWAY STRESE LN 77 23 23 23 ZOO BLVDM IN JO N D R 158th1 5 7 th 156th 125th ST W WHITNEY DRHYLAND DR CTEDENWOODCTDUBLINDIAMOND F L O R A C T 23 SERVICE CTCTDUNBAR42 DIAMOND PATH31 33 33FLAGSTAFFWAYTERRACE WAYFLORIST CIR 154th ST W DOVETR.GLENHAVENCTFLOWER FLAGSTAFF AVECTLN GALENA WAY PILOT160th ST W 160th ST W 160th ST W 158th ST W ST W FLIGHT WAY 151st ST W 152nd ST W 151st ST W 153rd ST W H ARM O NYEVERMOOR PARKWAY 140th ST W 140th ST W HUNTLEYCTDRGENEVA WAYCTGEORGIAGRAND OAKFLIGHT LN AVEST ST W 153rd ST W ST WST W 148th ST W 144th ST W U 147th ST W 147th ST W 148th ST W U 147th ST W 152nd ST W 129th ST W 128th ST W S T W ESSEX WAY 131st ST W 132nd ST W 13 4 th S T W 130th ST W L 134th ST W 137th ST W134th ST W 134th ST W 132nd ST W ST W FLORIDAS T W131st CT129th ST W 132nd ST W132nd ST W 130th ST W 130th ST W ST W GAMMA ST W 136th ST W 14 2 nd ST W ST WHEMLOCK CTW ST WST W 142nd ST W HERALD 1 GARDENIA AVE46W M cA N D R E W S R D E EL A ND C T 158th ST W DIAMOND WAY159TH ST W DRY36 ELLSWORTHCTDRGLENDALE CTCAMP SACAJAWEA 21 158th FOLK R E G E N T D R 34 U 14 7 t h S T W 127th ST W AVEHARMONY WAYPATHHANNOVEREARLY BIRDCIRDUCK PONDWAYPATH DUNCAN FRISIAN LNFREEDOM LNFOUNDERS LN GREYLOCK GRANITEHALL MARK DRC T 143rd ST GARRETLNFOGHORNLNFLYBOAT1 41716 1011 127 8 1 5 2 6 DUCK TR. LNDODD DOWNEY TR133rd ST CT W DUNBAR AVE9 5 4 FOLIAGE AVE3 WHITNEY CT PENNOCK1 4 5 t h S T W GIBR FLYCATCHER LN FLORISSANT PATH145th ST W AVEE A GL E FOUNDERS LN TERFROST WAYGardens Minnesota Zoological Dakota County Lebanon Hills Regional Park Golf Course & Park Valleywood Municipal Huntington Park Park Summerfield Park Tintah Park Park Di amond Pat h ParkPark Park LongParkH a g e meiste r Findlay Nordic G reenleafParkPark Park SpacePark Park Alimagnet Park Park Park ParkBelmont Heritage Palomino Park Park Park Park Park Park Park P ar k LakeParkMoeller Faith W allaceScott Fred J. Largen Carrollwood OpenPublic Sunset Delaney Park Farquar Galaxie RegattaPark East ParkValleyAppleParkGreening IsleCedar Johnny CakeRidge Park West Hayes Arena Erickson Field &ParkKellerP arkW ildw oodLongridge Apple Park PennockPark NewellPark ParkDuchess ParkApple Grove ValleyMiddle Park ParkRedwood JohnnyCake RidgePark East ParkChaparral CedarKnolls Park 156th 126thCobblestone Lake Park SCHOOL OFENVIRONMENTALSTUDIES FALCON RIDGEMIDDLE SCHOOL SCHOOL MIDDLE SCHOOL SCHOOL SCHOOL SCHOOL ELEMENTARYGREENLEAF HIGH SCHOOLAPPLE VALLEY MIDDLEVALLEY ELEMENTARYSOUTHVIEW HIGHLANDSSCOTT ELEMENTARYHIGHLAND ELEMENTARYDIAMOND PATH CEDAR PARK ELEMVIEWWEST SCHOOL EASTVIEWHIGHSCHOOL SCHOOLRIDGEDAKOTA ISD 196SERVICECENTER SCHOOLELEMENTARY SCHOOL GABELLA ST FORTINO ST FONTANA GALANTE LN153rd ST W FRESC0Kelley FROST PATHGALAXIE AVEG E N E S S E E A V E S T 1 2 6 t h G A R ParkBriarOaksC T G A N T R Y L N 1 2 1 s t S T W S T W N EVAST W d S E E M O CTA U N T SH STA C T S H O S H I D D E E A D O W O N CT SURREY T R SUS E Y AVEP A L O M I N O D R W A Y STREET INDEX 10. EAGLE RIDGE RD 12. EAGLESTONE RD 11. EAGLE SHORE DR 13. EAGLES NEST WAY 15. EAGLEWOOD LN 16. EASTBROOK LN 17. ECHO RIDGE RD 18. EDINBOROUGH CIR 20. EMPIRE CT 21. FIRETHORNE PATH 22. FLAGSTAFF AVE 24. GAVOTTE CT 26. GEORGE CT 27. GERANIUM CT 28. GERDINE CT 29. GRANGER CT 31. GREENTREE CT 32. GULF BREEZE CT 34. HICKORY CT 33. HIBISCUS CT 35. HICKORY WAY 25. GENESEE CT 23. GALLUP CT 14. EAGLEVIEW WAY4. DUNBERRY CIR 5. DUNBERRY WAY 7. DUNRAVEN DR 8. DWELLERS WAY 1. 140th ST BLVD W 2. DUCK CROSSING 3. DUCKTAIL LN 6. DUNHILL LN 9. DYNASTY WAY 36. LOWER 127th ST W P A L O M I N O H E R I T A G E H E R S H E Y A Y W E A H CT W H A M L E T A V E CT T E R N N O ST C T STt h W E V E S T TR CHTERR S E T R W O O D D U R G O S T 1 3 5 t h S T A F F AVEDRMONTDUEASTUPPER 147TH ST.EVEREST AVE. UP PE R 147TH ST W B E N D W A Y L A K E P K W Y DRAWSTONE TR.L N D U T T O N LNYCREEKLNM E A D O W L N X B U R Y LNPonds Park CITYCENTRALMAINTENFACILITY TEENCENTER AQUATICCENTER GOTHAM CT GRAFTON CT 30. GREENLAND AVE I L D LebanonCemetery WAY 157th ST W 158th ST W KelleyPark WAYM NTWAYE O R C S T ONE E TORIAANE A C K O OD W T AVECENTERMUNICIPAL POLICESTATION CENTERCOMMUNITY E CTIO N RD D S EELAGS T ONE TR A N D O I U M PLL L I CETR CTL L ICE V ELETH WAY M P R E SS CTParkLavonLac CEDAR AVE. S13 APPLE VALLEY L 129th C T W W W E N O O D W A Y S I P E R LNCT W1 4 4 t h S T N GALLIVANTPL155th ST W BAYDRL C T 1919. EGRET PLACEGRANADA PATH128th ST CT W GARRETT CT ELM CREEKLNELMHURSTLNGALLERIACTEASTCHESTERR D ST. MARY'S EMBRYDIAMONDPATH SERVICE RD.33CEDAR EMPEROR AVE158th ST W EMBRY PATHQuarry PointPark Savanick CIREMBLEM WAYBarbara TrailELMWOOD LNWA YFTR O C ELM E V E N D AL E W A Y 159th ST WEAGLE BAY WAYEAGLE WAYDREAGLE BAY FELTON CT1 4 7 th S T W CENTERSENIOR ARENASPORTS Robert L.EMORY AVE154th ST W 153rd ST W CREEKELMWOOD WAY LOWER HARMONY FAIR HILLWAY EVERGREEN158th ST W JOHNNY CAKERIDGE RD152nd EAGLE ELY AVEBAY WAYPOINTFROST POINT CTTRENGLISH AVEEDDINGTON WAYELY PATH 158th 158thEAMES WAYRDAVE 159th ST W Park Cortland 157th ST W CT W AVECT ST W EVERGLADE AVEEVERGLADECTFAIRFIELDDRFAIRCHILDWAY S T WEMORYCIRELY CIR 151st ST W EDDY CREEK WAY Development !.!.!.!. !. !. !. !. !.!.!.!.!.!.!.!. !. !.!.!.!.!.!.!.!. !. !. !. !. !. !. !. !. !.!.!.!.!. CAPITAL IM PROV EM ENTPROGRAM Path: S:\public-works\private\Administration PW\Budget & CIP\CIP\2018-2019 CIP\2018 CIP Areas_Dak_Co_lgfont.mxd DAKOTA COUNTY PROJECTS 1,250 0 1,250 2,500625Feet 10/26/2017 CSAH 38 Roadway Widening (2 to 3 Lanes)CSAH 31 to TH3 at Redwood Dr, Elm Dr, Garden View Dr,Hayes Rd, Pennock Ave, Garrett Ave,Galaxie Ave, and Diamond Path SITE IMPROVEMENTS ATMS - Signal Timing Upgrades (2018) !.CSAH 31 & CSAH 46 Traffic Signal Rebuilds (2018-2020) !.CSAH 42 !.CSAH 11at CSAH 38 and 140th St W Red Line Transit Stations (2018-2022) !.Apple Valley Transit Station (2018) LINEAR IMPROVEMENTS Roadway Widening from 2 to 3-lanes (2018) CSAH 31 to TH3 Design of Parking Structure Expansion !.Palomino Transit Station (2019-2022)Park/Ride Study and Station Design I Miscellaneous Projects (2020-2022) !.CSAH 23 / 140th St W !.CSAH 33 / 140th St W Pedestrian Overpass on North Side Construction of a Roundabout CSAH 33 / 140th St WRoundaboutCSAH 23 / 140th St WPedestrian Overpass Palomino Transit StationPark & Ride Study / Design Apple Valley Transit StationParking Structure Expansion Design Diamond PathGalaxie Ave Garrett Ave Pennock Ave Hayes Rd Garden View Dr Elm Dr Redwood Dr CSAH 11 at CSAH 38 / 140th St WTraffic Signal Rebuild CSAH 31 & CSAH 46ATMS (Advanced Traffic Management System)Signal Timing Upgrades Preliminary Design of Future MnPass Lane (2018) TH 77 (Cedar Ave Northbound) TH77 (Cedar Ave)Preliminary Design of Future MnPass (3rd)Northbound Lane I T E M: 5.D. C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:Regular Agenda Description: A dopt Resolution Appointing Member to F ill Vacancy on the E conomic Development A uthority with Term E xpiring March 1, 2022 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: Adopt the resolution appointing member to the Economic Development Authority (ED A) with a term expiring March 1, 2022. S UM M ARY: Four applications for the Economic Development A uthority were received by the deadline and provided to you under separate cover. Listed below are the names of the individuals interested in serving on the Economic Development Authority. Ken J ohnson J odi Kurtz J ohn Pellika Mason Smith T here is one vacancy. T his appointment has a six-year term expiring March 1, 2022. If the C ity Council would like to proceed with filling the vacancy, ballots will be distributed. Following the balloting process, a motion should be made adopting the resolution appointing the individual to the ED A. B AC K G RO UND : On J uly 27, 2017, the Council authorized accepting applications through September 14, 2017, to fill the Economic Development A uthority vacancy. A copy of the resolution establishing procedures for appointing commission and committee members is attached for your reference. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material R esolution CITY OF APPLE VALLEY RESOLUTION NO. 1997-165 A RESOLUTION ESTABLISHING A PROCEDURE FOR APPOINTMENT TO FILL POSITIONS ON COMMISSIONS AND COMMITTEES WHEREAS, the City Council has established advisory commissions and committees whose members are appointed by the Council and any vacancies during a term are also filled by Council appointment, and WHEREAS, the City Council desires to establish a written procedure by which to make such appointments, and WHEREAS, this procedure will be used as a preliminary process and not a binding Council action; further Council action, by motion, will be necessary to appoint candidates for the positions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following procedure will be used to reduce the number of candidates considered by the Council in making appointments to advisory commissions and committees and to fill any vacancies thereon: 1. The Mayor will call for nominations for a position or positions from the Councilmembers. 2. A nominee may decline the nomination at any point up to the time that nominations are closed. 3. When no further nominations are offered, the Mayor will close nominations. 4. If the number of nominations is equal to the number of positions to be filled, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint ________________to the position of _________________." Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. 5. If the number of nominations is greater than the number of positions to be filled, a written roster will be prepared listing the nominees and the Council shall proceed in the following manner: a) On the first round, and any subsequent rounds, each Councilmember shall, in writing, select that certain number of names which is one less than the total number of the names appearing. b) After the City Clerk has received the selection from each Councilmember, the City Clerk shall record the selection and announce the remaining names. c) Any name or names not having been selected by more than two of the Councilmembers shall be stricken by the City Clerk from the succeeding round and shall no longer appear as a name(s) to be considered by the Council; except that, if after selection by the Council there results a tie between or among all the names appearing on the round, the Council, in writing shall again select until one or more names have been stricken; provided, however, that if such a situation exists, the Council shall not reselect more than three times. In such a situation, the process shall end. Otherwise, the process shall end when only one name remains. d) After the process has ended, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint _______________ to the position of _________________.” Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. ADOPTED this 10th day of July, 1997. /s/ Gary L. Humphrey Gary L. Humphrey, Mayor ATTEST: /s/ Mary E. Mueller Mary E. Mueller, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2017- RESOLUTION APPOINTING ECONOMIC DEVELOPMENT AUTHORITY MEMBER WHEREAS, Minnesota Statutes Section 469.095 provides for appointment by the Mayor, with City Council approval, of members of the Economic Development Authority; and WHEREAS, a vacancy now exists on the Economic Development Authority due to the resignation of Michael Maguire. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that _____________________ is hereby appointed to the Economic Development Authority for a term expiring March 1, 2022. BE IT FURTHER RESOLVED that members of the Economic Development Authority are then as follows: Name Term Expires 1. John Bergman March 1, 2018 2. Mary Hamann-Roland March 1, 2018 3. Clint Hooppaw March 1, 2018 4. Thomas Melander March 1, 2019 5. Thomas Goodwin March 1, 2020 6. Ruth Grendahl March 1, 2020 7. Vacant March 1, 2022 ADOPTED this 26th day of October, 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 5.E . C O UNC I L ME E T I NG D AT E :October 26, 2017 S E C T I O N:Regular Agenda Description: A ccept Resignation of Urban A f f airs A dvisory Committee Member E dwin Holmes and Authorize Receipt of A pplications through D ecember 15, 2017, to F ill Vacancy 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: Accept resignation of Urban Affairs A dvisory C ommittee Member Edwin Holmes and authorize receipt of applications through December 15, 2017, to fill the vacancy. S UM M ARY: Committee Member Edwin Holmes notified the C ity of his resignation from the Urban Affairs Advisory C ommittee. Staff suggests formal acceptance of his resignation at this time. T he C ity C ouncil may also wish to extend an invitation to individuals interested in serving on the Urban Affairs Advisory C ommittee to submit an application to the City C lerk by D ecember 15, 2017. B AC K G RO UND : T he seven-member Urban Affairs Advisory C ommittee is a standing committee with the responsibility to investigate issues relating to subjects of a general nature, not within the scope of activities of other commissions or committees. T he Urban Affairs Committee votes on recommendations, which are then sent to the C ity C ouncil. T his C ommittee meets the fourth Tuesday of the month on an as-needed basis, beginning at 7:00 p.m., at the Municipal Center. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material City of MEMO City Clerk’s Office CITY OF APPLE VALLEY ANNOUNCEMENT OF URBAN AFFAIRS COMMITTEE VACANCY A vacancy currently exists on the City of Apple Valley’s Urban Affairs Advisory Committee for a three-year term expiring March 1, 2018. The seven-member Urban Affairs Advisory Committee is a standing committee with the responsibility to advise the City Council, when assigned, on matters relating to subjects of a general nature, not within the scope of activities of other commissions or committees. The Urban Affairs Advisory Committee votes on recommendations, which are then sent to the City Council. This Committee meets the fourth Tuesday of the month on an as-needed basis, beginning at 7:00 p.m., at the Municipal Center. The City Council will fill this vacancy by appointment. Persons interested in submitting their names for consideration must file an application with the City Clerk by 4:30 p.m., on Friday, December 15, 2017. Application forms may be obtained on the City website at www.cityofapplevally.org or at the office of the Apple Valley City Clerk, at 7100 147th Street W., Apple Valley, Minnesota 55124, or by calling 952-953-2506. DATED this 26th day of October, 2017. Pamela J. Gackstetter City Clerk I T E M: 7. C O UNC I L ME E T I NG D AT E:October 26, 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 T hur./Oct. 26 4:00 p.m.Cub Foods Re-Grand Opening Ceremony T hur./Oct. 26 4:30-6:30 p.m.Anchor Bank Chamber Business After Hours T hur./Oct. 26 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Wed./Nov. 1 7:30-9:00 a.m.Infinity Wealth Alliance Chamber C offee Connection Wed./Nov. 1 7:00 p.m.Municipal C enter Planning Commission Meeting T hur./Nov. 2 5:00-7:00 p.m.GrandStay County-Wide C hamber Business After Hours T hur./Nov. 2 7:00 p.m.Municipal C enter Parks & Recreation Advisory Committee Meeting Tue./Nov. 7 2:00 p.m.Sleep Number Ribbon C utting C eremony Wed./Nov. 8 7:00 p.m.Municipal C enter Traffic Safety Advisory Committee Meeting T hur./Nov. 9 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./Nov. 9 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Fri./Nov. 10 City Offices C losed Veterans Day Fri./Nov. 10 8:15-10:00 a.m.Apple Valley High School Veteran’s Day Celebration Mon./Nov. 13 T BD T he Ordway, St. Paul 2017 Greater MSP Annual Meeting Nov. 15-18 Charlotte, N C National League of C ities City Summit Wed./Nov. 15 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting T hur./Nov. 16 4:30-6:30 p.m.Celts C raft House Chamber Business After Hours Fri./Nov. 17 6:00-11:00 p.m.Brackett’s C rossing, Lakeville 360 C ommunities Fire & Ice Gala Tue./Nov. 21 6:15 p.m.Municipal C enter Holiday Tree Lighting Tue./Nov. 21 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * T hur./Nov. 23 City Offices C losed T hanksgiving Day Fri./Nov. 24 City Offices C losed Day After T hanksgiving Day Wed./Nov. 29 8:00-9:30 a.m.MidC ountry Bank Chamber C offee Connection Wed./Nov. 29 12:30-6:00 p.m.Crowne Plaza, Plymouth LMC/Metro Cities Regional Meeting B AC K GRO UND : Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social 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