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Home My WebLink About03/08/2018 Meeting M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 March 8, 2018 C IT Y C O UN C IL IN F O RMA L MEET IN G T EN TAT IVE D ISC US SIO N IT EMS 5:30 P M 1.C ouncil Discussion Items (10 min.) 2.Discuss Pavement Management Program Policy and Future Capital Improvement Projects (45 min.) 3.Discuss Food and Beverage Catering Services at Valleywood Golf Course (20 min.) 4.Adjourn C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order and Pledge 2.Approve Agenda 3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda 4.Approve C onsent Agenda Items C onsent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda f or consideration. A.Approve Minutes of February 22, 2018, Regular Meeting B.Receive Parks and Recreation Department 2017 Annual Report C .Receive Parks and Recreation Advisory Committee 2017 Annual Report D.Authorize Submission of Heart Safe Communities Grant Applications to Allina Health for Automated External Defibrillator (A ED) Cost Share 1. Public Works Department for Two A EDs 2. Parks and Recreation Department for One A ED E.Approve Special Event Application and Permit Guide F.Authorize Distribution of Draft Surface Water Management Plan to Outside Agencies for Review G.Adopt Resolution Approving 5 Ft. House-Side Setback Variance and 10 Ft. Front Yard Setback Variance for 466 Sq. Ft. Workshop Addition at 13415 Gunflint Court H.Adopt Resolution Directing Preparation of Plans and Specifications for Project 2017-101, Valleywood Reservoir Rehabilitation I.Adopt Resolution Authorizing Publishing Notice of Intent to Award Energy Savings Performance Contract to Ameresco J .Adopt Resolution Approving Plans and Specifications for Project 2018- 104, 2018 Utility Improvements, and Authorizing Advertising for Receipt of Bids at 10:00 a.m. on April 10, 2018 K.Approve Five-Year Agreement with A T his Little Piggy C atering, Inc., d/b/a A'Britin Catering & Hospitality for Exclusive Food and Beverage Service at Valleywood Golf Course L.Approve Change Order No. 1 with A-Plus Roofing for Rooftop Replacement at Apple Valley Education Building M.Approve Personnel Report N.Approve Claims and Bills 5.Regular Agenda Items A.Authorize Receipt of Applications through April 20, 2018, to Fill Vacancy on Urban Affairs Advisory C ommittee 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 2. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:I nformal A genda I tem Description: Discuss P avement Management P rogram Policy and Future Capital I mprovement P rojects (45 min.) S taff Contact: B randon A nderson, City Engineer Department / Division: E ngineering Division AC T I O N RE Q UE S T E D: N/A S UM M ARY: Over the past eight years, the C ity has developed and maintained a Pavement Management Program to guide the maintenance and reconstruction of the C ity street system. T his program includes annual field work to monitor the condition rating of City streets. T he field data is used, along with a pavement management software program, to forecast the future condition of the street system based on the amount of annual street maintenance and reconstruction. T his process allows the C ity to determine if the overall condition of the street system is expected to change over the next 10 years. T he results show the overall condition of street pavement in Apple Valley and provide guidance for developing the C IP. (See attached Street Ratings and Draft C IP maps.) A variety of methods are used to preserve street pavement and maximize the service life of existing streets. T he City uses preservation practices such as overlays, micro surfacing, seal coating, and crack sealing for asphalt pavements. While preservation practices help to significantly extend the service life of pavement, eventually there is a diminishing return on inve s tment. All streets will eventually need to be reconstructed as part of an ongoing maintenance program. A decline is expected as a greater portion of existing streets in Apple Valley are reaching an age that warrants reconstruction. Staff is also evaluating water main, sanitary sewer and storm sewer conditions as the age and condition of the underground utilities are also declining and warranting reconstruction. Staff is recommending that the C ity retain the goal of maintaining the current overall pavement condition rating (O C I = 73) for the C ity’s street system and continue to focus on full street and utility reconstruction in aging neighborhoods. B AC K G RO UND: On November 30, 2017, C ity Staff informally presented to C ity C ouncil Pavement Management and Pipe C ondition maps for C IP planning as part of the 2018 Budget Discussion. B UD G E T I M PAC T: To be determined. AT TAC HM E NT S : Map Map Presentation / 0 1,400 2,800 4,200 5,600700Feet 12/22/2017Path: S:\public-works\private\Engineering\Street OCI Ratings\Yearly OCI Street Map\2017 OCI Ratings_WM Breaks.mxd 2017 STREET RATINGS OVERALL CONDITION INDEX (OCI) ANNU AL STR EET N ETWOR K OCI 2017 74 2016 75 2015 75 2014 74 2013 75 OCIRATING PAVEMENTCONDITION 100-90 EXCELLENT 90-80 VERY GOOD 80-70 GOOD 70-50 FAIR 50-40 POOR 40-0 FAILING WATER MAIN BREA KS 1984 - 1995 1996 - 2005 2006 - 2015 2016 - Present !!!!!!!!!!!!!!!!!!!!!! !H !> !> !> NO. 2STAFIRE NO. 3STAFIRE STAFIRE NO. 1 157th ST W RI D G E V IE WCTDUTCHMANWHITNEY DR L GUTHRIEGUTHRIE AVEGLADIOLA CTST W D R FIRTREE DRFJORD AVEFLW W AY FLACKWOODTRTRWAYFJORDWAYFINESSEWAYLNFIRTREE FINCH LNFJORDU FLACKWOODAVEL C T WAY FLUTE WAYTRWAY LNFLAN CTFLATFISHLNFLOATFLORET F L OA T FLEET TRFLOTILLAFLUTE145th ST W W FOSDRWAYFRISIAN LNFR F ST R D .FOX GRANADAC T W 139th CT W RDST CT W 159th157th D R CIR LN HIGHVIEW DR HIGHVIEWD O O W D E R DRCIR LN WAYAVEGUTHRIEUPPER 142nd 145th CIRELMDRPLDR H A VE NHANOVERCT PENNOCKWAY CTHAYESARK LNP CIR D R SPRUCELINDEN DRWALNUT LN C I R CIR C I R ST CTWAY CTS E Y A H CT CT CT GARRETT W STW S T 157 thUPPERCTGARRETT AVEAVE146th 143rd 143rd CT 155th ST W P A T H G L A D S T O N E 158th157thSTST W ST DRU P P E R CT W UPPER WAYGANNONAVEAVEGLENDA AVEESTATESRDRIDGECAKEJOHNNYAVEEUROPAEVERESTRDKNOBPILOTCT138th ST W AVE VERHA CT HALLMARK RDBELMONT H W AYHUNTERSDRCIR1 3 1 s trd3 3 1 1 3 4 th CTCTHARVEST CT134th 1 3 7 t h CTGULLAVEST W AVEH U N T E R S Y A W NTERSU CTHERSHEYCTCT W133rdFLAGSTAFFGEORGIADRGLAZIER CTCIRST W FLORALAVEAVEJOHNNYRIDGERDCAKEDIAMONDAVEDURNINGCTBLVDRDPATHELKWOOD UPPERHIGHWOODHIALPATHCTWAYHOLIDAYCTCTHOLLINSHUGHES W ST 140th H O LY O K E 136thCT WR E F L CTHOLYOKE 143rd ST C T W HOLLANDHOLLAND AVE HOLIDAYPINEWOOD CTROMEDR WHITNEY B A L D W IN PATH DRHIGHVIEWHAVELOCKHYLAND AVEHAYES TRCTAVEHERSHEYCTCTST CT W140thCT GLENDA AVECT W140thHEMLOCKCT W RD CIMARRON C IR C I R CT R DRDCTCT AVE123rd CTGARNERGERMANEAVE128th LN GALA XIE GALAXIEPL AVEFOLIAGECIR W131st CT W 145th AVE GLAZIER GLEASON PATHHALLMARKW C T CTGAL LERYAVEFREESIA WAYFRIDLEY WAYFREEPORT TRFLAGSTONEFOXTAIL LN FRIDAY LNFLAGSTAFF AVECTF L EETWOODFAWN RIDGE FERNANDO AVECTFINDLAYCTFERRISAVEE V A M A H D R O F 133rd CTCT1 3 4th C T . W FLINT LN135th ST CT129th ST W CTTR FAIRGREEN AVEEVEREST CT EEVEREST CT W130th S T C T WEUROPAC T CTCT W AVES T W143rd C T DRESDEN152nd CT WDRESDEN TRDREXELDRESDENECHO DURHAMU 148thWAY 149thCT WCTCTCTDOMINICADENMARKCT W 148th 149th C T W CORRIGANCTELYS144th ST W W C T S T143rd EMBRY EMBASSY AVEENSLEY CTEUCLIDAVEST W 141st PATH CT DIAMOND S T 142nd S TDRESDEN DOMINICAAVELNT R DR DULUTH RDESSEX TR EM BER WAYESSEX CTELKHART RDELKWOOD DR CT CT ELKWOOD ELKWOOD DR ELKWOOD CIR DOMINICA WAY W W ST 137th C IR D U L U T HWAY DUNBARCIR W137thEMMER PLELMWOO D CTELDERBERRY CTECHO LN CT 128th EMMER PLEDINBOROUGH WAYEDINEDENWAYE TH E LTO NDRDOVERDOVERDRIFTDOPLDRIFTWOOD DENMARK AVEDORY AVE120th ST W FRESNO AVEGRANDVIEWA AVEBUTTECIMARR BE SABRA CTS T128th W HONI TRST W129thCTHERALD CIR HANNOVER 1 3 2 n d 133rd HAMBURG CT 131st G L E N H A V E N GREENWICHCTGRANADA AVEGOSSAMER WAY HAVELOCK TRHANNIBALCIRCT HARWELLPATH G U R N E Y P A T H G U IL D GROTHEPENNOCK139th CT WLOW ERHARMONY WAYCTST W133rd ST GU135th ST W AVEHENNA137th HURON CT PATH HANOVER CT141st142nd C T W EDGEWOOD LNPI N E W O O D D R HARRINGTONL I N D E N KENTO RIO LE D RLN G R E E NIN G D R CORTLAND DR CORTLAND DR S BALDWIN DR PORTER LNGOLDING LNCOOPER LNHARALSON DR JONATHAN DR HOOVER LNNEWELL DR HALLMARK WAY CTHENNAHEATHH ARW ELLC THARMONY WAYGRIFFON PATHGARRETT PATHWAY GOOSEBERRY GRANADA AVEGARRETT AVE146th GLAZIER AVEUPPER 146th WAY W GARLANGARRETTAVEGERMANE AVEGLAZIER AVEGLAZIER AVEC T G ALW AYWAY UPPERGLASGO WGEYSERPATHGARRETT AVEGARDENIAFAIRLAWNCTGEORGIACTGARNET AVEPLGALLERIA144th CT G REENLEAF TRFERN133rd STE 1 3 4 th S T C T W CT W 132nd WAY WFLORALFLAMINGO FO LIA G E AVE FORDHAMG A U N T L E T FRANCHISEFORDHAM137thCT135th ST W W FLORIDACTAVEFINDLAY WAYAVECT W GARNER GARRETT AVESTNERGENEVACT FOLIAGE FERNANDOFERRISFINCH WAY FALCON RIDGE ST CT W EXLEY AVEEVELETH AVEELLICE TR E EV E R E S T AV E EUCLID AVE126th ST W EVELETH E R EVERTON AVE1 2 7th S T WEDGEMONT CV DUTCH DUR H A M 136th STU 136thST CT W 139th ST EVEREST AVE138th ST CT W 138th S T W EUCLID CT13 9th S TCT WAY EVELETH CTEXL EYC T EM EXLEY LNEXCELSIOR EVELETH AVEEUROPA144th ST W144th ST W EMBASSY WAY EMBRY PATH EMPIRE AVEC T142nd ELMIRA CTELMIRAAVEELGIN CT142nd ST W 145th ST W CT 149th ST EMBRYECHO WAYE M B R Y PA TH EASTER AVEST 149th EASTERAVEDUNBAR BLVDGEMSTONE CT GRANADA AVELIG H T EUROPA WAYGREEN EXCELSIOR LN EUREKA CT ENDICOTTGENEVA 123rCT GENE31 27 26 25 28 29 GLENBROOK WAY TR GARRETT LN FORDHAMGRANADA WAY142nd STCTGLENCOVE TR W GATEWAY GARNET D O Y L E'S 1 3 8 th C IR W EVERGREEN CT ELKHART CT 138th ST WW DUBLIN DROMMONDDRIFTWOODDULUTH CT U 1 3 5 th S T W DREXELDUNBAR ESSEX CTESSEX AVEESSEX LNU 141st ST W DULCIMER D R U M LIN DRA KE P A EB O N Y L N PATH W148th DUNBAR CT D R E X E LFALLBROOKFERNWOOD LN 137th CT FARMINGTONE AVEEVERTONFERNANDO 131st ST WAY L 131st CTEASTVIEWE A S T CURVEEMMER18 KNOBD O V E R C T DORCH. 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 IMPROVEM ENT PROGRAM Path: S:\public-works\private\Administration PW\Budget & CIP\CIP\2018 CIP (2018-2022)\GIS\2018-2022\2018-2022 CIP Areas.mxd Project areas are preliminary and subjectto change based on available funding. 12/15/2017 2018 - 2022 0 1,250 2,500 3,750 5,000625Feet I IMPROVEMENT TYPE STREET & UTILITY RECONSTRUCTION STREET RECONSTRUCTION STREET MILL & OVERLAY !!!UTILITY RECONSTRUCTION PATHWAY RESURFACING H TRAFFIC SIGNAL RECONSTRUCT >TRAFFIC SIGNAL CONSTRUCTION PROJECT AREA FORECAST BY YEAR 2018 Improvement Area 2019 Improvement Area 2020 Improvement Area 2021 Improvement Area 2022 Improvement Area STREET & UTILITY IMPROVEMENTAREAS 3/8/2018 1 Pavement Management Program Policy and Future Capital Improvement Projects March 08, 2018 Why is a Pavement Management Program Important? Apple Valley Streets are aging….. 23.8% 24.1% 20.6% 13.0% 3/8/2018 2 What is a Pavement Management System? A Planning tool that is used to model the pavement deterioration from traffic and environmental aging. Calculates ratings of Pavement called the Overall Condition Index (OCI) now and in the future on a Scale of 0 to 100. Staff Rates the condition of the roadways via field measurements and enters data into Cartegraph Software. Staff will update via Field Measurements up to 1/3 of the City Streets each year. Implementation of the Pavement Management System Staff forecasts the upcoming years for pavement management schedule and method for maintenance based on results and past roadway history. 3/8/2018 3 2017 Overall Condition Index (OCI) Ratings Current Goal is an OCI of 73 Pavement Management Anticipated Schedule Preservation – Micro Surface (Chip Seal) Streets at 7 - 10 Year Interval Protects the asphalt surface from oxidation and moisture and extends pavement life Rehabilitation - Overlay Streets at 15 - 25 years Old OCI 50 -70 Mill up portion of existing pavement surface and overlay with new top layer of pavement. 2nd Rehabilitation - Overlay Streets at 25 - 50 years Old OCI 50 -70 Reconstruction – Recon Streets 35 - 50 Years and Older OCI <50 Remove and replace entire pavement section (pavement, aggregate base, and sand subbase) and in some cases the curb and gutter, sidewalk and boulevard 3/8/2018 4 Pavement Management Anticipated Schedule OCI 50 - 70 OCI 0 - 50 OCI 70 - 100 Other Conditions Evaluated for Capital Improvement Projects (CIP) Age and Condition of Underground Utilities (Sanitary Sewer and Water main) High Water Main Break Frequency Cast Iron Pipe (CIP) has typically encountered more breaks than Ductile Iron Pipe (DIP) per linear foot. Excess Sanitary Sewer Maintenance (typically occuring in areas where Vitrified Clay Pipe (VCP) was installed. Street Maintenance History and OCI Rating Year Constructed, 1st & 2nd Overlay, Micro Surface, Reconstruct, etc… Traffic Levels (Collector Roadways vs Residential Streets) Constructability and Neighborhood Phasing Safety and Operations Crash History, Traffic Level Changes and Safety Budget Manage Project Timing Aligning Projects with Resources State Aid Funds for MSA Routes 3/8/2018 5 OCI Ratings <70 (Fair to Failing) with Water main Break Data High Frequency Water main Break areas are driving priority areas for reconstruction Sanitary Sewer VCP Pipe Locations with High Frequency Maintenance Locations along with Water main Break Data Underground Utility Conditions are also driving priority of areas for reconstruction Additional televising data to be collected – Sanitary Sewer Lining may be an alternative in areas where conditions warrant Water main Corrosion Mitigation FULL RECON FULL RECON FULL RECON 3/8/2018 6 2018-2022 DRAFT Capital Improvement Development Plan for Reconstruction Areas 18-19 22 20 19 20 18-19 20 Priority areas are identified. Budget and timing of the improvements are then shown for inclusion in the CIP 21 20 21 FUTURE CIP AREAS DRAFT 5-year Capital Improvement Program (Excluding Micro Surfacing) 2018-2022 3/8/2018 7 2017 Overall Condition Index (OCI) Ratings Current Goal is an OCI of 73 2022 Projected Condition Index (OCI) Ratings 3/8/2018 8 Discussion I T E M: 3. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:I nformal A genda I tem Description: Discuss Food and Beverage Catering S ervices at Valleywood Golf Course (20 min.) S taff Contact: Tom L awell, City A dministrator and Barry Bernstein, P arks and Recreation Director Department / Division: A dministration Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Prior to entering into a catering agreement with A T his Little Piggy C atering, Inc., d/b/a A’Britin C atering & Hospitality for food and beverage services at Valleywood Golf Course, it would be beneficial to have the owner of the company meet with the C ity Council to better establish the business relationship and help to clarify quality and service expectations. Based on the discussion, action on a new service agreement may be taken on the March 8, 2018, C ity Council consent agenda. B AC K G RO UND: On J anuary 25, 2018, the C ity Council approved a two-year agreement with A T his Little Piggy C atering, Inc., d/b/a A'BriTin C atering & Hospitality for exclusive event catering at Valleywood Golf C ourse. Based on further conversations between the owner of the company and Parks and Recreation staff, the company has also expressed interest in providing daily food and beverage services at Valleywood. To that end, a draft five-year agreement with A T his Little Piggy Catering, Inc., d/b/a A’Britin Catering & Hospitality to be the exclusive food and beverage service partner of Valleywood Golf C ourse was prepared for C ouncil consideration. Prior to entering into such an agreement, staff is seeking C ity C ouncil feedback. T his agreement would supersede the previously approved two-year exclusive event caterer agreement. Seth Brittain, the owner of A T his Little Piggy C atering, Inc., d/b/a A’Britin C atering & Hospitality, has been invited to attend the March 8, 2018, informal C ity C ouncil meeting. Should the City choose to proceed with the arrangement, any suggested revisions to the agreement will be incorporated into the document. B UD G E T I M PAC T: N/A I T E M: 4.A. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A pprove Minutes of F ebruary 22, 2018, Regular Meeting S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of February 22, 2018. S UM M ARY: T he minutes from the last regular C ity C ouncil meeting are attached for your review and approval. B AC K G RO UND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Minutes CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 22, 2018, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, City Engineer Anderson, Police Captain Bermel, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Recreation Manager Muelken, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scouts Tommy Jacobs and Stewart Milne from Troop 293. APPROVAL OF AGENDA MOTION: of Hooppaw, seconded by Bergman, removing item 4.J - Adopt Resolution Approving Plans and Specifications for Project 2018-104, 2018 Utility Improvements, and Authorizing Advertising for Receipt of Bids at 10:00 a.m. on March 20, 2018, and approving the agenda for tonight’s meeting, as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Grendahl, seconded by Bergman, approving all items on the consent agenda as amended. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of February 8, 2018, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 2 MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-14 accepting, with thanks, the donation of cash and prizes from various businesses toward sponsorship of the Mid-Winter Fest celebration. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Sons of the American Legion, Squadron 1776, for use on April 14, 2018, and July 4, 2018, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the 2018 annual commercial extraction permit for Fischer Sand & Aggregate, LLP, Fischer Mining, LLC, and Rockport, LLC, subject to adhering to all applicable City ordinances and approved conditional use permits; and authorizing the City Administrator to consider and approve a limited number of modifications to hours of hauling outside of those hours permitted by City Code and approved conditional use permit, upon request by the permit holder. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Special Outdoor Promotion/Temporary Sign Permit for placement of signage on City property from March 21, 2018, through April 21, 2018, in connection with the 2018 Home & Garden Expo, as described in the application. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the release of financial guarantee for Quarry Ponds Fourth Addition (LOC #1109185), and reduction of financial guarantee for Quarry Ponds Fourth Addition from $21,600.00 to $14,600.00, as listed in the Community Development Department Assistant’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-15 approving plans for building signage for Nystrom & Associates, located at 7300 147th Street W., with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-16 approving a 6-foot 6-inch side setback variance on Lot 15, Block 5, Apple Valley (136 Gardenview Drive) to allow construction of a window well, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving Release of Outlot B, Cortland Sixth Addition from Development Agreements, as attached to the City Engineer’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-17 authorizing an Agency Agreement with the Minnesota Department of Transportation (MnDOT) for Federal Participation in Construction. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 3 MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-18 approving the Dakota County Electronic Crimes Task Force Joint Powers Agreement, as attached to the Police Chief’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Joint Powers Agreement for Engineering, Highway Construction and Traffic Control Signal System Revisions with Dakota County for Project 2015-116, CSAH 31 & 46 Signal Improvements, as attached to the Public Works Director’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Joint Powers Agreement with the City of Burnsville for in-lake projects on Alimagnet, Lac Lavon, and Keller Lakes, as attached to the Natural Resources Coordinator’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Agreement for Project 2018- 117, Fiber Optic Extension to Water Towers, with Comlink Midwest, LLC, in the amount of $50,124.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated February 22, 2018. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to pay the claims and bills, check registers dated January 31, 2018, in the amount of $278,896.72, and February 7, 2018, in the amount of $840,094.01. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CHIEF’S AWARD OF MERIT Police Chief Rechtzigel presented Mr. Bill Tschohl the Chief’s Award of Merit for being a promoter and ambassador of the Police Department and thanked him for his service to the community. Mr. Tschohl thanked the Police Chief and commented on the City’s good leadership and work. The Council congratulated Mr. Tschohl on receiving this award. BEYOND THE YELLOW RIBBON COMMUNITY PROGRAM Mr. Chellsen, President of the Apple Valley Beyond the Yellow Ribbon Network, introduced Board Members Jay Peterson and Bill Tschohl and Committee Members Dick Geiger and Curt CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 4 Martinson. He then provided a brief history of the program and services provided to veterans in Apple Valley in 2017. Mr. Dick Geiger commented on the Honor Flight program adding that he was recently informed he will take the flight this coming April. In addition, his grandson received sponsorship from the Apple Valley Yellow Ribbon Network Program to accompany him as a guardian. Mr. Chellsen encouraged community members to get involved. The Mayor thanked their organization for making a difference in people’s lives. BOGART’S/APPLE PLACE BOWL ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by LoKo Bowling, Inc., d/b/a Bogart’s/Apple Place Bowl, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales as described in her memo. The restaurant is located at 14917 Garrett Avenue. She noted receipt of the affidavit of publication of the hearing notice. The Police and Fire Departments completed background and site investigations and found no reason the licenses could not be authorized at this time. Mayor Hamann-Roland called the public hearing to order at 7:28 p.m. to consider the application by LoKo Bowling, Inc., d/b/a Bogart’s/Apple Place Bowl, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:29 p.m. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-19 approving issuance of a 2018 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to LoKo Bowling, Inc., d/b/a Bogart’s/Apple Place Bowl, for premises located at 14917 Garrett Avenue. Ayes - 5 - Nays - 0. Mr. Scott Koecheler, of Bogart’s/Apple Place Bowl, addressed the City Council. Mayor Hamann-Roland welcomed them to Apple Valley and wished them much success. ORDINANCE AMENDING PD-679/ZONE 3 Mr. Lovelace reviewed the request by Elder Doyle, LLC, to amend Planned Development No. 679 to allow for illuminated building signage on building elevations on the side of buildings facing an adjacent public street that abuts residentially zoned property or directly abuts residentially zoned property in Zone 3. He noted the Planning Commission held a public hearing on this request on January 17, 2018. On February 7, 2018, the Planning Commission voted unanimously to recommend approval of the amendments. Discussion followed. Mr. John Elder, of Elder Doyle, LLC, indicated they are comfortable with limiting the hours of illumination of building signs between 7:00 a.m. and 9:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 5 MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1040, amending Planned Development No. 679/Zone 3 to allow illuminated building signage on building elevations that are adjacent or abutting residentially zoned property. Ayes - 5 - Nays - 0. APPOINT TELECOMMUNICATIONS ADVISORY COMMITTEE MEMBER Ms. Gackstetter reviewed her memo listing the applicants for the Telecommunications Advisory Committee. There is one vacancy with a term expiring March 1, 2018. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Barry Berg, Michael Deeny, Jeremy Hensche, Lorne Parker, Mason Smith, and Tyler Williams. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Bergman, accepting the six nominations for the Telecommunications Advisory Committee, and amending the previously adopted appointment process to reduce the number of candidates by selecting two fewer candidates than total names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select four names from the six nominees. After selections were made, they were tallied and the City Attorney announced that four names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names. After selections were made, they were tallied and the City Attorney announced that two names remained. MOTION: of Grendahl, seconded by Goodwin, amending the previous appointment process to reduce the number of candidates by selecting one less than the total number of names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Barry Berg received the majority of votes. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-20 appointing Barry Berg to the Telecommunications Advisory Committee for a term expiring March 1, 2018. Ayes - 5 - Nays - 0. While the votes were being tabulated, Police Chief Rechtzigel updated the City Council on the Vitals Aware Services technology that will soon be utilized by the Police Department and Fire Chief Thompson showed two fire training videos, invited residents interested in becoming CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 6 firefighters to apply, and commented on the recently obtained Class 2 rating from the Insurance Service Office (ISO). REAPPOINT COMMISSIONERS & COMMITTEE MEMBERS Ms. Gackstetter reviewed her memo regarding the reappointment of Commissioners and Committee Members with terms expiring March 1, 2018. She noted all members have indicated their interest in serving an additional term. The Mayor extended thanks to all Commissioners and Committee Members for their valuable services, adding the Council could not do the work it does without these committees. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-21 reappointing Timothy Anderson and David Kemp to the Cemetery Advisory Committee for a term expiring March 1, 2021; No. 2018-22 reappointing Boyd Montgomery and Brenton Schulz to the Parks and Recreation Advisory Committee for a term expiring March 1, 2021; No. 2018-23 reappointing Ken Alwin and Thomas Melander to the Planning Commission for a term expiring March 1, 2021; No. 2018-24 reappointing Barry Berg to the Telecommunications Advisory Committee for a term expiring March 1, 2021; No. 2018-25 reappointing Charles Grawe and Fred Puente to the Traffic Safety Advisory Committee for a term expiring March 1, 2021; and No. 2018-26 reappointing Tom Adamini and Sharon Schwartz to the Urban Affairs Advisory Committee for a term expiring March 1, 2021. Ayes - 5 - Nays - 0. COMMUNICATIONS Ms. Haas invited the public to the Parks and Recreation Summer Jobs Fair at the Teen Center on March 9, 2018, from 11:00 a.m. to 2:00 p.m., and at the Apple Valley Community Center on March 13, 2018, from 3:00 p.m. to 7:00 p.m. Ms. Muelken invited everyone to the last Apple Valley Arts Foundation 2018 Frozen Apple concert at Valleywood Clubhouse on March 10, 2018, from 6:00 p.m. to 9:00 p.m. Ms. Saam showed pictures and briefly described staff’s participation in the ISD 196 Stem Fair held last Thursday. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:12 o’clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 7 Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on . Mary Hamann-Roland, Mayor I T E M: 4.B. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: Receive P arks and Recreation Department 2017 Annual Report S taff Contact: B arry B ernstein, Parks and Recreation Director Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Motion to receive the 2017 Annual Report of the Apple Valley Parks and Recreation Department. S UM M ARY: Attached please find the Apple Valley Parks and Recreation Department’s 2017 year- end Annual Report. T he report includes accomplishments, statistics, highlights, and photos of the Parks and Recreation activities from J anuary 1 through December 31, 2017. B AC K G RO UND: 2017 was a busy year for Parks and Recreation. Staff has compiled many of the highlights into the year-end report for Council review. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Report CITY OF APPLE VALLEY January—December Parks & Recreation Dept. 2017 Year-End Report Inside this issue: Parks & Recreation Advisory Committee 2 Parks & Recreation Administration 4 Park Maintenance 14 Valleywood Golf 16 Arena Operations 18 Adult Athletics 26 Special Event 34 The Parks and Recreation Advisory Committee (PRAC) is an appointed committee of volunteer citizens. The pur- pose of the PRAC is to advise and make recommendations to the City Council concern- ing parks, recreation, open space, and trail issues. In addition, the PRAC provides input to City staff, acting as an advisory board on com- munity interests concerning recreation and parks. The PRAC consists of seven (7) members appointed by City Council for three (3) year terms. The Chairperson and Secretary are elected annually by the committee m e m b e r s a t a n “organizational meeting” typically held in March. Meetings are held the first Thursday of January, March, May, September, and No- vember, with additional meetings called as needed throughout the year. A July 20, 2017, meeting included a park tour of Cobblestone, Cortland, and Quarry Point parks. Meetings were held January 5, March 2, May 4, July 20, September 7, and November 2. Regular meetings were held in the Municipal Cen- ter’s Council Chambers and video broadcast on Charter Communications Channel 180 starting at 7:00 p.m. Informal meetings were held at 6:00 p.m. in the Munici- pal Center’s Regent Confer- ence Room prior to each Regular meeting. PARKS & RECREATION ADVISORY COMMITTEE 2017 COMMITTEE MEETINGS COMMITTEE MEMBERS The Parks and Recreation Advisory Committee’s work covers a broad range of is- sues which must be acted upon in a timely manner. Occasionally, the formation of “task force” or “study” groups” becomes necessary to look into or work further on more complex issues. Brenton Schulz—Chair Joshua Gaffke—Secretary Noel Hammill Matthew Hinrichs Boyd Montgomery Jessica Montgomery Ben Van Gundy Lee Strom (retired) Patrick Sullivan (retired) Page 2 Parks & Recreation Meetings of the Parks and Recreation Advisory Committee are televised on Charter Cable TV chan- nel 180 and on-line at http://www.ci.apple- valley.mn.us. PARKS & RECREATION ADVISORY COMMITTEE 2017 MEETING ITEMS OF DISCUSSION INCLUDED:  Orchard Place—Planned Development  Valleywood Golf Course Food and Beverage Op- eration Plan  Annual Park Tour— Cobblestone, Cortland Development and Quar- ry Point Parks  Senior Center Name Addition  Redwood Drop-In Cen- ter for Teens  Service Recognition for Two Departing Commit- tee Members  Division Updates—Park Maintenance, Arenas, Golf Course, and Recre- ation  Cobblestone Lake Park—Northwest  Cortland Development Park Property  Comprehensive Plan  Teen Center  Special Event Policy  Cobblestone Lake Park Exercise Equipment The Parks and Recreation Advisory Committee consists of seven (7) members appointed by City Council for a three (3) year term. Page 3 January—December (L to R) Committee Members: Van Gundy, J. Montgomery, B. Montgomery, Chair Schulz, Secretary Gaffke, Committee Members Hammill, and Hinrichs In 2017, The Parks and Rec- reation Department accom- plished many of its goals and objectives while doing so with fiduciary responsibil- ity. Apple Valley Parks and Recreation’s system of parks, trails and open spaces is spectacular and all residents should be proud to have ac- cess to such a parks sys- tem! The greatness of our parks system does not come without challenges and City staff is attempting to meet these challenges in order to exceed resident’s expecta- tions! In 2017, into early 2018, the City and Parks and Recrea- tion Department experi- see the final Comprehensive Park Planning document in 2018. I hope you find the year-end report informative and I wish to say Thank you for all your support! If you should have any questions or comments, I encourage you to contact the Parks and Recreation office. Any one of the dedicated staff mem- bers will assist you! Sincerely, Barry Bernstein Director, Parks and Recreation MESSAGE FROM THE DIRECTOR Page 4 Parks & Recreation Approx. 21% of the City’s overall annual budget is administered by the Parks & Recreation Department 11% 22% 11%34% 2% 4% 1%2% 8% 5% 2017 Budget Allocation by Division Arenas Valleywood Administration Park Maintenance Recreation Programs AVCC Redwood Self-Supporting Aquatic Ctr Senior Center enced a changing of Parks Su- perintendent with the retire- ment of long time Parks Su- perintendent, Tom Ada- mini. We wished Tom the very best as he moved on to another chapter in his life and wel- comed Mike Endres to his new role as Parks Superintendent. The City’s Parks and Recrea- tion Department is also in the midst of developing the 2040 C o m p r e h e n s i v e P a r k Plan. This Plan examines and dissects our existing park sys- tem and will offer some ideas and solutions moving for- ward. The Plan also digs deep into our recreational offerings which has not been attempted previously. We are excited to City of Apple Valley, $31,494,315, 79% Parks & Rec Dept., $8,355,057, 21% 2017 Adopted Budget Director: Barry Bernstein Parks Superintendent: Tom Adamini 3 Foremen 5 Tech Specialists 8 Maintenance I/II Variable Hour/Temporary Employees Recreation Manager: Susan Muelken 4 Recreation Supervisors 2 Maintenance II 1 Part-Time Custodian 2 Part-Time Building Supervisors Variable Hour/Temporary Employees Arena Manager: Brian Christianson 1 Foreman Variable Hour/Temporary Employees Golf Course Manager: Jim Zinck 1 Food & Beverage Coordinator 2 Foremen Variable Hour/Temporary Employees Administrative Coordinator: Dorene Perkins Monn 2 Part-Time Clerical Assistants STAFF Page 5 January—December As part of the Metropolitan Council required 2040 Com- prehensive Plan Update, Confluence, Inc., consulting services was tasked with providing a comprehensive and community supported master plan. This plan in- cludes a Recreation Program Assessment that reviews how well the City of Apple Valley aligns itself with com- munity needs. The end goal of the Plan is to provide rec- reation program enhance- ments that result in success- ful and innovative recreation program offerings. study helps to identify how our residents use and value city resources, facilities, and programs. The collected information provides a framework for assessing future uses for parks. A copy of the full report is available through the Parks and Rec- reation Department. Apple Valley Parks and Rec- reation staff continued to partner with the Saint Paul Area Association of REAL- TORS ® (SPAAR) on the Parks & Recreation Study. American Strategies de- signed and administered the telephone survey. 400 area residents, ages 18 or older, were polled to iden- tify the many strengths in Apple Valley Parks and Rec- reation programs. The PARK SYSTEM MASTER PLAN UPDATE PARKS AND RECREATION STUDY A complete copy of the COMPREHENSIVE GUIDE PLAN is available on the City’s website at www.cityofapplevalley.org Page 6 Parks & Recreation A Majority Say Parks and Rec Services are Very Important to Their Quality of Life in Apple Valley The City of Apple Valley has enacted an ordinance under Minnesota law which grants a community the authority to receive land or cash in lieu of land for purposes from residential and commercial/ industrial developers. This dedication is set depending on the size of the proposed development and whether it is a residential or commer- cial/industrial development. If the amount of land is not sufficient to support a park, a cash dedication is accept- ed. The amount of the cash dedication is based on the type of residential or com- mercial/industrial unit. The Committee annually reviews dedication funds. The cash collected goes into a fund for purchase and/or develop- ment of parks throughout the community. PARK DEDICATION Four issues of the Parks and Recreation Activity Guide were published and mailed to residents — winter, spring, summer and fall Page 7 January—December QUARTERLY BROCHURE $524,208$931,678$1,836,936$1,739,025$0 $1,000,000 $2,000,000 2014 2015 2016 2017 Park Dedication Page 8 ICE RINK MAINTENANCE LOG 2016-2017 FI < than 40 = sustainable improving ice conditions DATE HI-TEMP LO-TEMP FI OTHER WEATHER FACTORS MAINTENANCE APPLIED/COMMENTS ETC. RINK COND. 12/8/16 23 14 37 flooding begins /24 hrs. until 8 a.m. 12/10 na 12/9 17 8 25 " na 12/10 13 2 15 " end flooding @ 8 a.m. snow begins na 12/11 21 10 31 snowing no work on rinks na 12/12 10 -4 6 remove snow then flood, 2:30 pm to 6am on 12/13 na 12/13 10 -9 1 24 hour flooding na 12/14 10 -3 7 24 hour flooding fair 12/15 4 -11 -7 24 hour flooding good 12/16 11 4 14 snow all day no rink work fair 12/17 10 -13 -3 no rink work/plow lots pathways etc. fair 12/18 1 -23 -22 Sunday no rink work fair 12/19 24 1 25 plow,sweep,shave,flood good 12/20 36 24 60 " good 12/21 41 26 67 " good 12/22 36 21 57 no maintenance fair 12/23 36 22 58 " fair 12/24 34 31 65 " fair 12/25 38 31 69 heavy rain all day " users pushing slush against boards fair 12/26 41 17 58 " frozen slush against boards fair 12/27 24 15 39 full maintenance fair 12/28 35 21 56 sunny, melting ice " fair 12/29 31 22 53 " fair 12/30 31 22 53 " fair 12/31 31 14 45 " fair 1/1/17 30 20 50 no maintenance fair 1/2 31 27 58 no maintenance fair 1/3 31 1 30 cold arriving full maintenance, extra flooding good 1/4 2 -7 -5 " good 1/5 1 -9 -8 " good 1/6 5 -12 -7 " good 1/7 8 -3 5 Saturday maint. good 1/8 17 -7 10 Sunday no rink work good 1/9 26 17 43 snow in afternoon full maintenance good 1/10 27 3 30 snow continuing minimal maint. good Page 9 January—December ICE RINK MAINTENANCE LOG 2016-2017 FI < than 40 = sustainable improving ice conditions DATE HI-TEMP LO-TEMP FI OTHER WEATHER FACTORS MAINTENANCE APPLIED/COMMENTS ETC. RINK COND. 1/11 9 4 13 more snow " swept fully good 1/12 14 -7 7 sunny cold plow,blow,shave, flood good 1/13 8 -10 -2 all routine good 1/14 26 2 28 Saturday maint. good 1/15 32 0 32 Sunday no rink work fair 1/16 36 14 50 holiday maint. good 1/17 34 28 62 overnight snow/rain cleared off only fair 1/18 40 26 66 leave shavings for insulation fair 1/19 37 32 69 " fair 1/20 37 34 71 " fair 1/21 37 34 71 saturday no maint. fair 1/22 34 33 67 Sunday no rink work fair 1/23 34 32 66 leave shavings for insulation, soft edges fair 1/24 32 30 62 " fair 1/25 31 27 58 snowing 2" snow to remove fair 1/26 28 22 50 minimal maint. fair 1/27 29 15 44 " fair 1/28 27 22 49 Saturday maint. fair 1/29 28 11 39 Sunday no maint. fair 1/30 41 10 51 light snow/rain minimal maint. fair 1/31 37 29 66 " fair 2/1 30 11 41 improving condition " fair 2/2 17 7 24 full maint. fair 2/3 23 5 28 " fair 2/4 34 14 48 MWF ice good for Mite Jamboree good 2/5 30 17 37 Sunday no maint. fair 2/6 33 18 51 minimal maint. fair 2/7 31 12 freezing mist " fair 2/8 14 0 14 all day flood fair 2/9 20 2 22 " fair 2/10 45 20 65 minimal maint. fair 2/11 43 35 78 no maintenance fair 2/12 38 28 66 END OF SEASON poor Page 10 PARK MAINTENANCE SNOW REMOVAL 2016-2017 DATE SNOWFALL AMOUNT / CLIMATIC CONDITIONS PATH-WAYS WALK-WAYS PARKING LOTS CREW SIZE TOTAL HOURS COMMENTS 11/23/16 2" Wet snow Temp 34 12 14 12 9 38 Plowed Paths,Walks & Lots 12/12 7" Temp 9 27 27 17 9 71 Plowed Paths,Walks & Lots 12/13 Clean up Temp 6 16 15 2 8 33 Cleaned up Paths,Walks & Lots 12/17 8" Temp 5 21 24 22.5 9 67.5 Plowed Paths,Walks & Lots 12/19 Clean up Temp 22 16 10 1.5 6 27.5 Cleaned up Paths,Walks & Lots 12/20 Clean up Temp 32 11 17.5 2 7 30.5 Clean up from drifting and wing 12/21 Clean up Temp 30 7 11 2 7 20 Clean up from drifting 1/10 Approx. 2" temp 26 11 14 10 9 35 Plowed Paths,Walks & Lots 1/11 Additional 2" Temp 20 14 21 7 10 41 Plowed Paths,Walks & Lots 1/12 Clean up Temp 12 18 10 5 5 33 Clean up from drifting & wing 1/13 Clean up Temp 5 6 16 2 6 24 Clean up from drifting & wing 1/17 Approx 3" Temp 32 13 18 16 7 47 Plowed Paths,Walks & Lots 1/18 Clean up Temp 35 7.5 7.5 2 7 17 Cleaned up Paths,Walks & Lots 1/25/17 Approx 3" Temp 29 15 15 8 7 38 Plowed Paths,Walks & Lots 1/26 Clean up Temp 26 8 10 5.5 7 23.5 Cleaned up from drifting and 3/1 Approx 1" Temp 29 2 2 2 Plowed AVCC & Redwood lots 3/13 Approx 4" Temp 25 13 17 16 10 46 Plowed Paths,Walks & Lots Total winter hours 594 Page 11 WINTER OPERATIONS As the landscape for youth sports programs is ever changing, we’ve seen an in- crease in requests by indi- vidual user groups as well as club programs for the rental of city fields/facilities. Once City/school user groups are accommodated, and EVAA and VAA youth athletic asso- ciations’ needs are met, available resources are rent- ed to these additional indi- viduals, groups, and club programs. It’s a balancing act with the amount of use fields can handle while maintaining the fields at a high standard of playability. Softball Fields Soccer Field Goals Page 12 Parks & Recreation Mad scientists in the park division worked with the renovation of field # 7 at Johnny Cake Ridge Park West. A new product called X -tra turf was installed in the soccer goal mouth areas. It was top- dressed with suitable soil, and grass seed was planted to blend with the synthetic grasses. The goal is less turf wear in these vul- nerable areas. Hayes Field #7 Fencing Page 13 January—December Page 14 Linden Tree Inventory ALIMAGNET 2 KELLEY 1 APPLE GROVE 3 LAC LAVON 1 APPLE PONDS 0 LARGEN 3 APPLE VALLEY EAST 2 LONG LAKE 0 BELMONT 0 LONGRIDGE 0 BRIAR OAKS 3 MOELLER 2 CARROLLWOOD 2 NEWELL 1 CEDAR ISLE 8 NORDIC 0 CEDAR KNOLLS 0 PALOMINO 1 CHAPPARRAL 0 PENNOCK 3 COBBLESTONE 27 QUARRY POINT 26 DELANEY 3 REDWOOD 13 DIAMOND PATH 7 REGATTA 6 DUCHESS 8 ROBERT ERICKSON FAITH 12 SCOTT FARQUAR 4 SUMMERFIELD 17 FINDLAY 3 SUNSET 0 GALAXIE 5 TINTAH 4 GREENING 7 VALLEY MIDDLE GREENLEAF 4 WALLACE 6 HAGEMEISTER 2 WILDWOOD HAYES 24 HERTIAGE 0 TOTAL 261 HUNTINGTON 11 JCRPE 3 PLUS / MINUS 10 JCRPW 23 KELLER 4 POTENTIAL TOTAL 271 Lindens have been extensively damaged by Japanese Beetles the last two years. This inventory allows us to plan for potential action.  Maintained the integri- ty, playability, safety and, beauty of 675 acres of parkland and all of the facilities and func- tions of which that en- tails  Overlay of the Savan- nick Trail from Sum- merfield Park to Far- quar Park  Replacement and re- construction of a new hockey rink at Apple Valley East Park  Resurfaced tennis courts at Greenleaf, Scott, and Redwood parks  Coordinated major pool substrate repair at the Apple Valley Family Aquatic Center  Coordinated resurfacing of locker room floors at the Apple Valley Family Aquatic Center  Upgraded electrical capacity for the Apple Valley Family Aquatic Center concession room to allow for greater menu choices and in- creased revenue  New standing seam metal roof installed on the Valley Middle Park building  New backstop and play- er protection fences on Hayes Park field #7  Replaced failing planter boxes on the entrance to the Apple Valley Com- munity Center  Construction and finali- zation of the Cortland neighborhood park  Involvement with the final stages of complet- ing Cobblestone Lake Park (pergola, exercise stations, landscape work, etc.)  Interior painting of Ap- ple Valley Community Center, during the win- ter months  Matriculated 4 youths toward eagle scout sta- tus in a variety of park improvement projects  Constructed new sign for Johnny Cake Ridge Park West along 140th Street. PARK MAINTENANCE 2017 SIGNIFICANT ACCOMPLISHMENTS PARK MAINTENANCE CREW After 26 years with the City of Apple Valley, Park Superintendent Tom Adamini presented his notice of intent to retire effective January 2, 2018. Page 15 Parks & Recreation 2017 Accomplishments:  Hosted three wedding recep- tions and three ceremonies  Gave away golf clubs to 34 different kids as a part of our Clubs for Kids program.  Completed reconstruction project of the old clubhouse site by adding a new practice green as well as an expanded area for outdoor weddings and events.  Improved clubhouse land- scaping.  Implemented a new POS system which includes en- hanced inventory capabilities as well as a new reservation interface.  Changed our season pass policies to enable non- residents to purchase passes at 120% of the price for resi- dents.  Streamlined banquet op- tions particularly for golf events to provide fewer options to the outing coor- dinators (90% of golf out- ing choose one of two buffets for their events).  Streamlined daily menu to reduce inventory needed on hand by evaluating sales data from the last couple of years and re- moving slow selling items from the menu.  Implemented Ipads with integrated CC processing in order to better serve our guests by accepting credit card purchases on the beverage cart.  Increased staff efficiency and decreased overall employee hours by imple- menting When I work an online scheduling system. VALLEYWOO GOLF COURSE Misc. Items Sold 450 golf gloves 874 Snickers candy bars 8,780 cans of domestic light beer Page 16 Parks & Recreation DISTINGUISHED SERVICE AWARD Valleywood Manager Jim Zinck has been recognized by the Minnesota State High School League (MSHSL) with its Distinguished Ser- vice Award for Region 3AA. Jim was nominated for this award by Section 3AA Cross Country Tournament Man- ager Greg Utecht. Region 3AA is comprised of 16 member schools and after review by their Athletic Di- rectors, Jim was unani- mously selected to receive the award. Congratulations Jim on this recognition by the MSHSL! 0 20 40 60 80 Regular Executive (age 19-35) Juniors 5-Day Passes Season Pass Breakdown -201730,16532,56433,88032,43530,65327,000 28,000 29,000 30,000 31,000 32,000 33,000 34,000 35,000 2013 2014 2015 2016 2017 Rounds of Golf * Rounds in 2017 (down 1600 after Oct 1 due to poor weather) the 18th green and advanced audio visual systems. The banquet room has ca- pacity to accommodate any- thing from an intimate gath- ering for 40 to a grand wed- ding for 175. The professional staff cus- tomize events to ensure a personalized and memorable occasion. Valleywood is a beautiful 18- hole golf course that can host tournaments as large as 144 players. The course has rolling hills, over ten ponds, and playability for a range of golf abilities. Inside the clubhouse you will find an inviting and comfort- able bar and grill, as well as a banquet room with floor to ceiling windows overlooking Golf Lessons cover short-game basics, set-up and routine, full swing fundamentals, basic rules and etiquette Page 17 January—December Patron Card Numbers The City of Apple Valley op- erates two multi-purpose facilities which serve the residents of the community. The Apple Valley Sports Arena is jointly owned with the Independent School District 196 and is connected to the south end of the Apple Valley High School. In the fall and win- ter seasons the arena pri- marily serves the skating community and High School gym activities. The Sports Arena is converted to indoor tennis courts for the spring, summer and fall seasons. Hayes Park Arena is located on city property ad- jacent to the Apple Valley Community Center/Senior Center complex. In the sum- mer, fall, and winter seasons the arenas primarily serve the indoor ice sports com- munity. The arena is con- verted from ice to turf to host spring activities and back to ice in June for sum- mer, fall, and winter rentals. ARENA OPERATIONS LEARN TO SKATE PROGRAM provided lessons for over 380 participants Page 18 Parks & Recreation 2017 Accomplishments:  The Arenas saw about 5,900 hours of use for our ice, turf and tennis courts while continuing to in- crease revenues over the prior year. We increased our rental revenue by about 6% from 2016 to 2017 and we saw our rent- al revenues get over $500,000 for the year.  Learn to Skate program had another very success- ful season with an in- crease of about 3% in par- ticipants due to the hard work of our Learn to Skate Staff. Overall since 2015, we have seen an increase in participants of 13% in our program. We expect to see continued growth moving forward including an Olympic jump early in 2018. 2017 Accomplishments (cont.):  In 2017 we hosted the Just Between Friends consignment sale at Hayes Park Arena and the Sports Arena. The sale at Hayes took place at the end of May and the sale at the Sports Arena took place in mid -August and both sales were very successful. We look forward to con- tinuing our partnership in the years ahead.  The past year brought a few updates to the aes- thetics of both arenas. At the Sports Arena logoed window frosting and a drink rail were added. At Hayes Arena the youth association banners were moved from the front entrance wall to being hung above the ice over the player’s boxes. The up- dates have been greatly appreciated by all of our users.  Staff has continued fill- ing the advertising space available at Hayes Park Arena. To date we have eight dasher ads and one backlit score- board ad to date. Adver- tising in the arena cur- rently will bring in an additional $5,100 in revenue per year.  Apple Valley and Eastview High School boys and girls hockey teams  Over 380 participants in our Learn to Skate program  District 196 Icettes Figure Skating team  The Apple Valley and Eastview Hockey Associa- tion’s practices, games and tournaments  Apple Valley High School gym classes  Consignment sales  Many community fami- lies for public skating  Adult tennis leagues and lessons  Local Lacrosse and Soc- cer associations for spring indoor turf use. Facility Participants Served Skating Lessons use Learn to Skate USA curriculum which is endorsed by USA Hockey Page 19 January—December The Apple Valley Senior Center is a perfect facility to hold a meeting, training, party, or special celebration. The Center has a total of six room options including a kitchen for rent by the hour. Rooms can accommodate a meeting as small as six peo- ple or a wedding reception of up to 224 guests. Renters have the ability to bring a caterer into the building, bring their own food and to host an event with alcohol. The audio-visual system in the Yellowstone Room was upgraded in February and a new dance floor was in- stalled in September. APPLE VALLEY SENIOR CENTER Regularly Scheduled Activities  Dominoes  Feed My Starting Chil- dren  Gather Around Music Jam  Gentle Yoga  Hardanger  IMAX Senior Day  Knitting & Crocheting  Line Dancing  Mah Jongg  Men’s & Women’s Break- fast  Morning Stretch Exercise  Quilting Bees  Painters  Re-Created Cards  Intermediate Spanish  Stitchers  Table Tennis  Tai Chi  Tap Dancing  Velvet Tones Choir  Zumba Gold  Men’s & Women’s pool (pool tables)  B i c y c l e G r o u p s (seasonal)  Bingo  Book Club  Bowling —Traditional and Wii  Card Games—Bridge, Cribbage, 500, Hand & Foot, Pinochle  Catered Lunch with Entertainment  Color & Chat-Coloring Group  Computer 101 Discus- sion Group Staff Included: 1 Full Time Recreation Supervisor 1 Full Time Custodian 6 Building Supervisors Page 20 Parks & Recreation The Seniors’ organization, now in their 24th year of existence, wrapped up a busy 2017. Presently, there are 970 mem- bers. While the majority of members live in Apple Valley, the organization draws mem- bership from Apple Valley’s immediate neighbors, outlying suburbs and even a handful that live out of Minnesota. Seniors’ Organization Describe the Apple Valley Seniors brary to offer art classes that included Jewelry Making, DIY Home Dé- cor and the Art of Draw- ing Portraits.  The Quilting Bees, quilt group created a total of 113 quilts in one year! In addition to their quilt creations, they sewed 120 tote bags for walk- ers and 59 dining scarfs for area assisted living facilities. The Quilting Bees also has a tie to ISD 196, as they sewed a total of 91 room darken- ing curtains for Dakota Ridge School.  One of the newer groups, Color & Chat, has brightened the Ap- ple Valley Senior Center with some brilliantly colored pictures.  At only 50¢ & 75¢ each, the greeting cards made by the Recreated Cards group are a bargain. Giving  35 regularly schedule activities at the Apple Valley Senior Center are coordinated and lead by entirely by volunteers.  The Feed My Starving Children group has 35 volunteers that pack thousands of meals each month in Eagan. In November the Apple Valley Seniors volun- teers set a personal rec- ord of packing 123 cases containing over 25,000 meals. This is enough to feed 73 children for one year.  Mitten Tree: New mit- tens, hats and scarves are collected for ISD 196 school children  Donations to ISD 196 school lunch program  Toys for Tots  Back to school, school supply drive. Inquisitive A coordinated effort between the Education & Service Committee and Apple Valley Parks & Recreation staff, offers wide variety of educa- tional programs to the Apple Valley Seniors.  Cultural Diversity Series focused on England, India, Iraq, Hong Kong & Nigeria Active  The Fun Folks on Spokes bike club had a total of 524 participate in bi-weekly bike rides between April and Octo- ber. They logged a total of 662 miles.  6,566 Apple Valley Sen- iors (Many multiple participants) focused on improving their physical and mental well-being by participating in Morning Stretch Exer- cise (6,300), Yoga (214) & Tai Chi (52).  Line dancers and tap dancers take to the floor each week on Mondays & Thursdays. Daily tap dancing attendance averages 6 people, while line dancing averages 16 people per day. Creative  The Painters have been congregating on Tues- days to work on their water color paintings since late in 2009.  In 2017, the Apple Val- ley Senior Center part- nered with Dakota County’s Galaxie Li- Page 21 January—December Where Members Live Apple Valley - 52% Burnsville - 12% Rosemount - 7% Lakeville - 7% Eagan - 4% Farmington - 3% Bloomington - 2% MN Other Cities - 12%  Downsizing and selling your home  Defensive Driving  Advanced Care Directives  Transitional Care  Cold & Flu Prevention  Personal safety from scams and fraud  Spanish language classes  Legal advice  Diabetes & Parkinson’s education  “The Aging Brain”; A focus on memory  Senior Housing Tours  Stress  Adapting Your Home  Tour of the State Capitol & US Bank Stadium  Electricity: A look at the 8 sources  Balance presentation  Healthcare Insurance Counseling  Medicare Part D overview presentation APPLE VALLEY FAMILY AQUATIC CENTER The top ten sellers for the concession season were: 9,716 candy items 4,581 hot dogs 3,933 slushies 3,637 soft pretzels 3,013 fountain drinks 2,651 milkshakes 2,441 pizza slices 1,835 nachos 1,415 bags of potato chips 1,136 bags of popcorn Page 22 Parks & Recreation 60,000 65,000 70,000 75,000 2013 2014 2015 2016 201764,51364,66871,61473,18467,155Family Aquatic Center Front Gate Attendance 0 1,000 2,000 3,000 4,000 5,000 2013 2014 2015 2016 20173,9753,1284,3684,9424,621Water Walkers and Lap Swimmers 0 50 100 150 2013 2014 2015 2016 2017 116 100 130 146 138 Family Aquatic Center Groups There were 23 active saves at the Aquatic Center for the 2017 season, about two per week. That’s about three rescues per 10,000 us- ers. An active drowning is a swimmer who has lost headway, who cannot remain at the surface of the pool and is actively struggling to breath. People in this situation will suffocate if not rescued. Two of these rescues happened late in the day, with one at 5 minutes to close and another on the last night of the season, 10 minutes before closing time. The Lifeguard staff know how important it is to never relax their vigilance while swimmers are in the water. The Apple Valley Family Aquatic Center continues to draw tens of thousands of users during its ten weeks of operation each su mmer. For our 19th season, over 65,000 people entered the gates, including over 4,600 water walkers and lap swimmers, 138 busloads of children from throughout Southern Minnesota, 183 personal care assistants working with disabled users, 207 infants and numerous birthday parties, family gatherings, and private rentals. The facility was closed eight days this summer for cold and unpleasant weather, mostly in August. In contrast, we did not close for the entire day at all for bad weather in 2016, and only twice in 2015, both of which were record setting years for use. This was a disappointment to all, but the cold weather was really unprecedented in the history of the facility. The Concession operation, the second largest income line for the Aquatic Center after the entry fees, did well selling a variety of new items, including milkshakes and pizza for the first time on the menu in 2017 Redwood Outdoor Pool con- tinues to be an inexpensive afternoon of fun for open swim participants, with 6,161 users for open swim in 2017. A significant number of days required early clo- sure due to cold tempera- tures and rainy weather, especially in August. Swimming Lesson participa- tion was lower than average for the same reason. For only the second time since 2001, a lesson could not be made up due to inclement weather and a prorated re- fund for one lesson was paid out to some of the partici- pants. After hours rentals continue to be popular for groups of up to 100 swimmers, and are supervised by pool staff to insure safe use by a wide variety of users including Scout troops, sports teams, birthday parties and com- munity groups. Project Ex- plore, a program for adults with disabilities from ISD 196 Community Education again sponsored pool party events during the summer which are very popular. REDWOOD OUTDOOR POOL Page 23 January—December 0 2,000 4,000 6,000 8,000 2013 2014 2015 2016 20175,4555,4307,3037,2456,161Redwood Outdoor Pool Attendance 0 100 200 300 400 2013 2014 2015 2016 2017 337 397 318 312 254 Swim Lesson Participation “Just can't get that image out of my mind. Nothing worse than seeing your child going through a medical emergency and feeling completely helpless. I keep thinking how I'm so grateful I was able to tell right away something was wrong. Had I waited even just one minute longer he would have been in chest deep water when he started seizing. And another thing I keep thinking is how there just hap- pened to be a pediatric doctor at the pool today. She came over and stayed with him until the paramedics arrived. I am thankful for the pool staff who formed a barrier around him shielding him from oth- ers there as he was being taken care of. Call me crazy but I honestly feel like the pool was probably the best place we could have been out in public for him to have a seizure.” Posted on Instagram After Medical Incident 130 116 98 66 138 0 50 100 150 2013 2014 2015 2016 2017 Total Punch Cards Sold APPLE VALLEY COMMUNITY CENTER UPDATES Page 24 Parks & Recreation Interior Painting Rebuilding of Planter Beds Lobby Furniture 13,62713,82611,46810,43610,1107,5677,0167,0728,32311,83216,6469,0710 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 AVCC Door Counts 2017 Door Counts To better understand how many people are using the Community Center and Senior Center, elec- tronic door counters were placed on the front doors in November of 2016. This doesn’t give us an exact number because there are multiple entry points into the buildings but it gives us a very good idea and will allow us to compare data from year to year. Since 2017 is our first full year, compari- sons can be made in the future to show trends in building use. New Flooring Hayes Parking As part of the 2017 Street Improvements project, the Hayes Park parking lot was reconstructed. Rain gardens were installed near the driveway entrance. ADULT OPEN ATHLETICS Whether you want to prac- tice the fundamentals or just want to get in some fun exer- cise, Adult Open Volleyball is a good option. All skill levels are welcome to participate. The program is offered year- round Monday evenings 6:30 –to 9:30 p.m., Satur- days and Sundays 3:00 to 6:00 p.m. Adult Open Volleyball Adult Open Pickleball approximately Sept. through May, Monday through Fri- day, 9:00 a.m. to 12:30 p.m. and Sundays 12:15 to 2:15 p.m. schedule permitting. Adult Open Badminton is offered year-round Wednesday evenings 6:30—9:30 p.m. at Apple Valley Community Center. All skill levels are wel- come. Courts are shared equally between partici- pants in attendance. Played with a paddle and pickleball (wiffle ball) on a court that is similar to those used for badminton. Apple Valley Community Center offers Adult Open Pickleball Page 25 January—December Adult Open Badminton 6,8101,5431,5437,4543,6389820 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 Volleyball Pickleball Badminton 2016 2017 ADULT OPEN ACTIVITIES The Parks and Recreation Department offers up to six courts of volleyball leagues three days per week. Leagues include Women’s Power, Women’s Recreational, and Co-Rec seasons. Individual players looking for a team can be placed on a “draft” list. That list is available to team man- agers looking for players. Volleyball Leagues ADULT RECREATIONAL ATHLETIC LEAGUES A wide variety of adult league opportunities are provided. Apple Valley Community Center hosts volleyball, basketball, and wiffleball leagues and John- ny Cake Ridge Park is an excellent site for the softball, kickball, and summer sand volleyball leagues. “One-in-four residents of Apple Valley or someone in their household has participated in an adult league” Page 26 Parks & Recreation $201,325 $208,658 $206,585 $207,510 $122,588 $123,794 $124,701 $127,314 $100,000 $150,000 $200,000 2014 2015 2016 2017 Adult Leagues Revenue Expenditure 161318223391692952335916429215237164341161470 50 100 150 200 250 300 350 400 NO. OF TEAMS 2014 2015 2016 2017 Over the past five years, the Apple Valley adult softball program has maintained its level of teams at a consistent number, while the number of teams both nationally and locally are down. Statewide registrations are down from 5,500 in 2000 to 3,300 in 2017. Surrounding commu- nities are reporting a loss of 20 to 30 teams. Apple Valley offers Spring/ Summer and Fall leagues. Softball Leagues Officiated and Self- Officiated basketball leagues are offered in the Fall and Winter seasons. Regular season games are followed by play-offs for league cham- pionships. Page 27 January—December Basketball Leagues 2,8983,180396330813,0422,950414350812,9522,920270230702,9523,410288140700 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 NO. OF PARTICIPANTS 2014 2015 2016 2017 lar adult and senior art clas- ses in drawing, holiday card making, and jewelry tech- niques. Parks & Recreation Depart- ment partnered with Dakota County’s Galaxie Library to offer programs at the Apple Valley Community Center and Senior Center facilities while the library building was under construction. Pre- school story time started September 6. Parents and children enjoyed a morning of reading, singing, and pre- school open gym. The part- nership also included popu- Monday— Friday June 12— August 4 28 different park sites PUPPET THEATER LIBRARY PARTNERSHIP Page 28 Parks & Recreation 191 puppet shows were per- formed over an eight week theater season 4,621 4,808 5,069 4,610 5,375 4,200 4,400 4,600 4,800 5,000 5,200 5,400 5,600 2013 2014 2015 2016 2017 Performance Viewers PLAYGROUND PROGRAM PRESCHOOL PROGRAMS Preschool programs are an important part of Parks and Recreation. During these programs children enjoy music, playtime, arts & crafts, story time, games and often playground time. Of- ferings in 2017 included the following: Page 29 January—December 2,703 3,257 3,158 3,045 2,451 0 2,000 4,000 2013 2014 2015 2016 2017 Playground Participants Apple Valley’s Playground Program is a FREE summer program for children ages 6—12. Activities are coordi- nated four days per week for seven weeks. AUGUST ADVENTURE CAMP Camp participants spent a week playing favorite play- ground games, making crafts, taking trips to Grand Slam and Cedarvale Bowl, having a “double dare” competition and much, much more. 0 50 100 150 200 Tot's Day of Fun Little Chefs Creative Cooking Little Luau for Tots Critters Club Icky, Sticky, Slimy Fingers Holiday Parties Little Gardeners Breakfast with the Bunny/Santa Play Doh Party Apples, Apples, Apples Participation Numbers The City of Apple Valley was honored to be a recipient of the 2017 Tree Trust Partner Award. This award repre- sents our long term commit- ment to the organization’s mission of transforming lives and landscapes. The City of Apple Valley has been involved with the Tree Trust program for over twenty years. USSSA nationally governs 13 amateur sports, including slow-pitch softball, baseball, fast-pitch softball, and bas- ketball. Lyndell was recognized for his long standing dedication, support and league manage- ment to better the USSSA. Congratulations to Lyndell! Recreation Supervisor Lyndell Frey was inducted into this year’s Hall of Fame class of the United States Sports Specialties Associa- tion (USSSA). The Association was founded as the United States Slow- pitch Softball Association in the spring 1968. Currently, TREE TRUST PARTNER AWARD USSSA HALL OF FAME AED DONATION The Patrick Schoonover Heart Foundation along with the MN NHL Alumni Associ- ation donated an AED that has been placed at the John- ny Cake Ridge Park Com- plex. It will be placed in the warminghouse during the winter season and available to park/field users during the summer. Page 30 Parks & Recreation The park property within Cortland Development is a five acre parcel that includes a playground, hard court surface, trails and landscap- ing, located south of County Road 42 along Embry Path, completed summer 2017. CONSTRUCTION OF CORTLAND DEVELOPMENT PARK Page 31 Parks & Recreation CONSTRUCTION OF COBBLESTONE LAKE PARK—NORTHWEST Outdoor Exercise Equipment Pergola Page 32 January—December The park property is located in the southeast quadrant of the city on the northwest end of Cobblestone Lake. This section is approximately 3.75 acres in size. Significant pro- gress was made on the com- pletion of the Cobblestone Lake Park—Northwest. Final completion is anticipated in 2018. Lake View Seating Wall Restroom Building and Park Pavilion Page 33 Parks & Recreation Mid-Winter Fest is a com- munity celebration of winter. The annual festival began in 1978 and it’s goal is two- fold: to foster a sense of community pride and spirit; and, to make citizens aware of the winter recreational opportunities available. The February 4 and 5, 2017, event provided fun-filled activities for the entire fami- ly. Highlights included:  AVHA vs EVHA Mites Youth Hockey Jamboree  Horse Drawn Wagon Rides  Ice Carving Demonstra- tion  Face Painting  Wendy’s Wiggle, Jiggle, and Jam  Inflatable Bouncy Hous- es  Scouting Adventure Zone  KIDSDANCE DJ Music  Wacky Hair Designs  Valley United Soccer Club Drop-In Soccer  Bonfire and S’Mores  Medallion Hunt  C o n c e s s i o n s b y Carbone’s  Cribbage Tournament  Klondike Visits  Adult Volleyball Tour- nament  Coloring Contest  Community Booths  Wandering Entertainers MID-WINTER FEST Page 34 Parks & Recreation Free admission concerts held at Valleywood Golf Course from 6:00 p.m. to 9:00 p.m. It’s been de- scribed as great music in a beautiful clubhouse.  Januay 14—Riverside Hitmen  February 11—Patty Pe- terson and Friends  March 11—Lush Coun- try FROZEN APPLE CONCERT SERIES SUMMER CONCERT SERIES Musical Concerts held 6:00 p.m. to 9:00 p.m. Friday evenings in Kelley Park. Admission was free and food and refreshments were avail- able for purchase from vari- ous vendors on-site.  June 16—5 Speed  June 23—Riverside Swing Band  July 7—Hornucopia  July 14—David Gonzalez and Retro Funk  July 21—rain out  July 28—Patty Peterson and the All Star Band  August 4—Reina de Cid Page 35 January—December  August 11—Riverside Hit- men  August 18—8th Street Band FREEDOM DAYS Events  Youth Golf Tournament at Valleywood Golf Course  Fishing Derby at Lac Lavon Park  Car and Motorcycle Show  Music in the Park— Saddle Sores  J & K Carnival  Cub Foods Family Fun Night  Fun Run  Parade  Family Leisure Pre- Fireworks Party  Fireworks Display Kite Flying Page 36 Parks & Recreation DJ in the Park Parade Family Fun Night Fun Run Page 37 January—December 0 50 100 150 200 250 300 2014 2015 2016 2017252202227198259211203217101108111 1242 mile 5 mile 1/2 pint Fun Run Car and Motorcycle Show City of Apple Valley 7100 - 147th Street West Apple Valley, MN 55124 Phone: 952-953-2300 Fax: 952-952-2306 E-mail: parks @cityofapplevalley.org MISSION STATEMENT To develop, promote, collaborate and deliver leisure programs and facilities that target the leisure service needs of the Apple Valley community. The course of the leisure services offerings are in direct response to and align with our community interests. To accomplish this mission, the following goals have been established:  Provide quality customer service,  Hire, train, and maintain professional, respectful, competent, and respon- sive staff who attend to the needs of customers,  Practice fiscal responsibility,  Promote and elevate how the Apple Valley Parks and Recreation Depart- ment enhances the quality of life for our residents,  Provide and promote diverse recreational opportunities, services, facilities and trails that further enrich the quality of life for our residents. Parks & Recreation Department PREPARED BY THE CITY OF APPLE VALLEY PARKS AND RECREATION DEPARTMENT and coordinated by DORENE PERKINS MONN Administrative Coordinator WWW.CITYOFAPPLEVALLEY .ORG I T E M: 4.C. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: Receive P arks and Recreation Advisory Committee 2017 Annual Report S taff Contact: B arry B ernstein, Parks and Recreation Director Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Receive the Parks and Recreation Advisory Committee 2017Annual Report. S UM M ARY: T he Parks and Recreation A dvisory Committee's 2017 year-end annual report is presented for C ouncil review. T he report covers the organization, members and their roles on the advisory committee, and items discussed at their meetings during 2017. B AC K G RO UND: T he Parks and Recreation Advisory C ommittee (PRA C ) is an appointed committee of the City Council of volunteer citizens. T he purpose of the P RA C is to advise and make recommendations to the C ity Council concerning parks, recreation, open space, and trail is s ues. In addition, the PRA C provides input to C ity staff, acting as an advisory board on community interests concerning recreation and parks. T he Parks and Recreation Advisory Committee's 2017 year-end annual report is presented for C ouncil review. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Report The Parks and Recreation Advisory Committee (PRAC) is an appointed committee of volunteer citizens. The pur- pose of the PRAC is to advise and make recommendations to the City Council concern- ing parks, recreation, open space, and trail issues. In addition, the PRAC provides input to City staff, acting as an advisory board on com- munity interests concerning recreation and parks. The PRAC consists of seven (7) members appointed by City Council for three (3) year terms. The Chairperson and Secretary are elected annually by the committee m e m b e r s a t a n “organizational meeting” typically held in March. Meetings are held the first Thursday of January, March, May, September, and No- vember, with additional meetings called as needed throughout the year. A July 20, 2017, meeting included a park tour of Cobblestone, Cortland, and Quarry Point parks. Meetings were held January 5, March 2, May 4, July 20, September 7, and November 2. Regular meetings were held in the Municipal Cen- ter’s Council Chambers and video broadcast on Charter Communications Channel 180 starting at 7:00 p.m. Informal meetings were held at 6:00 p.m. in the Munici- pal Center’s Regent Confer- ence Room prior to each Regular meeting. 2017 COMMITTEE MEETINGS COMMITTEE MEMBERS The Parks and Recreation Advisory Committee’s work covers a broad range of is- sues which must be acted upon in a timely manner. Occasionally, the formation of “task force” or “study” groups” becomes necessary to look into or work further on more complex issues. Brenton Schulz—Chair Joshua Gaffke—Secretary Noel Hammill Matthew Hinrichs Boyd Montgomery Jessica Montgomery Ben Van Gundy Lee Strom (retired) Patrick Sullivan (retired) Parks & Recreation 2017 Year-End Report Parks & Recreation Advisory Committee Meetings of the Parks and Recreation Advisory Committee are televised on Charter Cable TV chan- nel 180 and on-line at http://www.ci.apple- valley.mn.us. PARKS & RECREATION ADVISORY COMMITTEE 2017 MEETING ITEMS OF DISCUSSION INCLUDED:  Orchard Place—Planned Development  Valleywood Golf Course Food and Beverage Op- eration Plan  Annual Park Tour— Cobblestone, Cortland Development and Quar- ry Point Parks  Senior Center Name Addition  Redwood Drop-In Cen- ter for Teens  Service Recognition for Two Departing Commit- tee Members  Division Updates—Park Maintenance, Arenas, Golf Course, and Recre- ation  Cobblestone Lake Park—Northwest  Cortland Development Park Property  Comprehensive Plan  Teen Center  Special Event Policy  Cobblestone Lake Park Exercise Equipment The Parks and Recreation Advisory Committee consists of seven (7) members appointed by City Council for a three (3) year term. Page 2 January—December (L to R) Committee Members: Van Gundy, J. Montgomery, B. Montgomery, Chair Schulz, Secretary Gaffke, Committee Members Hammill, and Hinrichs I T E M: 4.D. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A uthorize Submission of Heart Safe Communities Grant Applications to A llina Health for A utomated E xternal Defibrillator (A E D) Cost S hare S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities, Mike E ndres, P arks S uperintendent Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Authorize submission of grant applications to Allina Health Heart Safe C ommunities for Automated External Defibrillator (A ED) cost share as follows: 1. Two A EDs for the Public Works Department 2. One A ED for the Parks and Recreation Department S UM M ARY: Allina Health Heart Safe C ommunities grant program provides a cost share credit of up to $800 per A ED. T he Public Works Department has prepared two (2) A ED applications for the C ardiac Science G5. One application is to replace an existing A ED located at the Central Maintenance Facility. T his A ED has been in service since 2004. Both the Fire Department and C ardiac Science recommend this A ED be replaced because it is outdated and no longer supported. T he second application is for an A ED to be placed in the Utilities Division garage and shop area. T he garage and shop were added to the Water Treatment Plant as part of the expansion and upgrade. Park Maintenance has prepared a third grand application for placement of an A ED in the J ohnny Cake Ridge Park maintenance building. T his site is currently without an A ED. B AC K G RO UND: Allina Health offers the grant program annually as part of their commitment to save more lives from Sudden Cardiac A rrest by placing A EDs where people live, work, worship and play. B UD G E T I M PAC T: T he 2018 Public Works Utilities Division Water Fund has an A ED as a line item in the operating budget for $2,500. If the grant application is approved two A EDs would be purchased from this fund. T he 2018 Park Maintenance budget does not specifically call out an A ED expenditure but would cover the cost through the General Supplies account. AT TAC HM E NT S : Background Material Background Material Background Material Each year Allina Health Heart Safe Communities is able to offer AED grants from donations made by our employees during the Allina Health Community Giving Campaign. We are happy to be able to continue our commitment to save more lives from Sudden Cardiac Arrest by placing AEDs where people live, work, worship and play. Heart Safe understands that there are many organizations, businesses, schools, places of worship, municipalities and first responders that are in need of AEDs and we are pleased to be able to offer an estimated 20 AED grants for 2018. In order to be able to assist as many sites as possible we will again be offering an $800 credit for each AED this year. This means that Allina Health Heart Safe will pay $800 towards the cost of your AED with your organization being responsible for the remaining cost. The table below shows your organizations’ cost per each type of AED available. AED type Your Organization’s Cost Zoll AED Plus: includes 1 adult stat Electrode, 1 adult CPR-D electrode, batteries, rescue kit and carrying case $800.00 Philips Onsite: includes 2 adult electrode cartridges, battery, rescue kit and carrying case $400.00 Philips FRx: includes 2 adult electrode cartridges, battery, rescue kit and carrying case $800.00 Cardiac Science G5: includes 2 adult electrode cartridges, battery, rescue kit and carrying case $800.00 Physio CR+: includes 2 adult electrode cartridges, battery, rescue kit and carrying case (semi-automatic) $800.00 Physio Express: includes 2 adult electrode cartridges, battery, rescue kit $450.00 HeartSine Samaritan PAD350: includes 1 adult electrode/battery pack, rescue kit and carrying case $300.00 Please complete the following application and submit by May 1st 2018 mail: 167 Grand Ave St Paul, MN 55102 fax: 651-241-4496 email: heartsafe@allina.com Applications will be reviewed and notification to grant recipients will happen no later than June 1st 2018. Please feel free to contact us with any questions. Sincerely, Your Heart Safe Team Carol Frazee, Renee Hamdorf, Phyllis Lundeen, Patti McCauley, Jeff Allerson and Jamie Stolee 167 Grand Ave St. Paul, MN 55102 Office 651 -241-4470 Fax 651-241-4496 www.allinahealth.org/heartsafe heartsafe@allina.com Check us out on Facebook.com/allinaheartsafe Allina Health Heart Safe Communities AED grant Program 2018 Application Please use additional pages if needed Organization Name: _City of Apple Valley_________Contact Name: __Kent Zimmerman_________ ____ Address:___7100 147th St. W., Apple Valley, MN 55124___ ________________________ Phone Number:______952-953-2442_______________________________________________________ Email address: _____kzimmerman@cityofapplevalley.org______________________________________ Grant Objective: To save more lives from Sudden Cardiac Arrest by placing AEDs where people live, work, worship and play. Preferred locations are determined by population numbers, location usage, and demonstrated need. Recipients of the grant will receive an AED informational session, the AED of their choice (through Heart Safe Communities at Allina Health. Recipients must commit to training individuals at their location in CPR and AED Use (Heart Safe will assist in finding the best method to do this) and sharing information on sudden cardiac arrest and heart health. Recipients must also commit to maintenance of the device (monthly checks and battery/electrode replacement). Brief Description of the desired location for AED Placement (include information on size, typical occupants and any specific needs): __ AED application request to replace the existing Cardiac Science AED unit located at the Central Maintenance Facility (CMF, 6442 140th St. W.). Per the Fire Department and Cardiac Science the existing unit is out-dated and no longer supported by Cardiac Science. The current unit Model #9300E-101 was purchased in June 14, 2004. The CMF serves approximately 60 employees. The CMF also has heavy equipment, hand and power tools, high voltage, welding equipment, hoists, etc. If approved, the replacement unit type is the Cardiac Science G5. _ Do you have any AEDs already? If So why are you in need of additional AEDs: __ • There is an AED in the Central Maintenance Facility but is is out-dated per Cardiac Science and the Fire Department, Do you currently offer CPR training, what kind? If you do not how will your organization implement a training program for the AED and CPR use: ____Yes, Allina Health Care currently trains all maintenance and Public Works employees on CPR, AED and first aid. Training is provided to employees every 2 years. This training is required for all maintenance employees who use chainsaws per OSHA Standard 29 CFR 1910.256. Describe how your organization will provide on-going maintenance of the AED: A monthly safety inspection is conducted. The Central Maintenance Facility (CMF) currently utilitzes a monthly site inspection form which includes the AED Unit. Return completed applications to: Heart Safe Communities Steering Committee 167 Grand Ave St. Paul, MN 55102 Fax 651-241-4496 Email: heartsafe@allina.com Each year Allina Health Heart Safe Communities is able to offer AED grants from donations made by our employees during the Allina Health Community Giving Campaign. We are happy to be able to continue our commitment to save more lives from Sudden Cardiac Arrest by placing AEDs where people live, work, worship and play. Heart Safe understands that there are many organizations, businesses, schools, places of worship, municipalities and first responders that are in need of AEDs and we are pleased to be able to offer an estimated 20 AED grants for 2018. In order to be able to assist as many sites as possible we will again be offering an $800 credit for each AED this year. This means that Allina Health Heart Safe will pay $800 towards the cost of your AED with your organization being responsible for the remaining cost. The table below shows your organizations’ cost per each type of AED available. AED type Your Organization’s Cost Zoll AED Plus: includes 1 adult stat Electrode, 1 adult CPR-D electrode, batteries, rescue kit and carrying case $800.00 Philips Onsite: includes 2 adult electrode cartridges, battery, rescue kit and carrying case $400.00 Philips FRx: includes 2 adult electrode cartridges, battery, rescue kit and carrying case $800.00 Cardiac Science G5: includes 2 adult electrode cartridges, battery, rescue kit and carrying case $800.00 Physio CR+: includes 2 adult electrode cartridges, battery, rescue kit and carrying case (semi-automatic) $800.00 Physio Express: includes 2 adult electrode cartridges, battery, rescue kit $450.00 HeartSine Samaritan PAD350: includes 1 adult electrode/battery pack, rescue kit and carrying case $300.00 Please complete the following application and submit by May 1st 2018 mail: 167 Grand Ave St Paul, MN 55102 fax: 651-241-4496 email: heartsafe@allina.com Applications will be reviewed and notification to grant recipients will happen no later than June 1st 2018. Please feel free to contact us with any questions. Sincerely, Your Heart Safe Team Carol Frazee, Renee Hamdorf, Phyllis Lundeen, Patti McCauley, Jeff Allerson and Jamie Stolee 167 Grand Ave St. Paul, MN 55102 Office 651 -241-4470 Fax 651-241-4496 www.allinahealth.org/heartsafe heartsafe@allina.com Check us out on Facebook.com/allinaheartsafe Allina Health Heart Safe Communities AED grant Program 2018 Application Please use additional pages if needed Organization Name: _City of Apple Valley_________Contact Name: __Kent Zimmerman_________ ____ Address:___7100 147th St. W., Apple Valley, MN 55124___ ________________________ Phone Number:______952-953-2442_______________________________________________________ Email address: _____kzimmerman@cityofapplevalley.org______________________________________ Grant Objective: To save more lives from Sudden Cardiac Arrest by placing AEDs where people live, work, worship and play. Preferred locations are determined by population numbers, location usage, and demonstrated need. Recipients of the grant will receive an AED informational session, the AED of their choice (through Heart Safe Communities at Allina Health. Recipients must commit to training individuals at their location in CPR and AED Use (Heart Safe will assist in finding the best method to do this) and sharing information on sudden cardiac arrest and heart health. Recipients must also commit to maintenance of the device (monthly checks and battery/electrode replacement). Brief Description of the desired location for AED Placement (include information on size, typical occupants and any specific needs): __The AED would be placed in the City of Apple Valley Utilities Division garage/shop attached to the Water Treatment Plant (6426 140th St. W.). There is currently no AED in this location. The number of occupants in this area can be up to 18. The facility has heavy equipment, hand and power tools, high voltage, welding equipment, etc. If approved, the replacement unit type is the Cardiac Science G5. _ _ Do you have any AEDs already? If So why are you in need of additional AEDs: __ • There is not an AED in the Utilities garage/shop area. Do you currently offer CPR training, what kind? If you do not how will your organization implement a training program for the AED and CPR use: ____Yes, Allina Health Care currently trains all maintenance and Public Works employees on CPR, AED and first aid. Training is provided to employees every 2 years. This training is required for all maintenance employees who use chainsaws per OSHA Standard 29 CFR 1910.256. Describe how your organization will provide on-going maintenance of the AED: A monthly safety inspection is conducted in the Utilities Division garage/shop area. If approved, the AED would be included in the monthly safety inspection form and maintenance would be performed as needed. Return completed applications to: Heart Safe Communities Steering Committee 167 Grand Ave St. Paul, MN 55102 Fax 651-241-4496 Email: heartsafe@allina.com Each year Allina Health Heart Safe Communities is able to offer AED grants from donations made by our employees during the Allina Health Community Giving Campaign. We are happy to be able to continue our commitment to save more lives from Sudden Cardiac Arrest by placing AEDs where people live, work, worship and play. Heart Safe understands that there are many organizations, businesses, schools, places of worship, municipalities and first responders that are in need of AEDs and we are pleased to be able to offer an estimated 20 AED grants for 2018. In order to be able to assist as many sites as possible we will again be offering an $800 credit for each AED this year. This means that Allina Health Heart Safe will pay $800 towards the cost of your AED with your organization being responsible for the remaining cost. The table below shows your organizations’ cost per each type of AED available. AED type Your Organization’s Cost Zoll AED Plus: includes 1 adult stat Electrode, 1 adult CPR-D electrode, batteries, rescue kit and carrying case $800.00 Philips Onsite: includes 2 adult electrode cartridges, battery, rescue kit and carrying case $400.00 Philips FRx: includes 2 adult electrode cartridges, battery, rescue kit and carrying case $800.00 Cardiac Science G5: includes 2 adult electrode cartridges, battery, rescue kit and carrying case $800.00 Physio CR+: includes 2 adult electrode cartridges, battery, rescue kit and carrying case (semi-automatic) $800.00 Physio Express: includes 2 adult electrode cartridges, battery, rescue kit $450.00 HeartSine Samaritan PAD350: includes 1 adult electrode/battery pack, rescue kit and carrying case $300.00 Please complete the following application and submit by May 1st 2018 mail: 167 Grand Ave St Paul, MN 55102 fax: 651-241-4496 email: heartsafe@allina.com Applications will be reviewed and notification to grant recipients will happen no later than June 1st 2018. Please feel free to contact us with any questions. Sincerely, Your Heart Safe Team Carol Frazee, Renee Hamdorf, Phyllis Lundeen, Patti McCauley, Jeff Allerson and Jamie Stolee 167 Grand Ave St. Paul, MN 55102 Office 651 -241-4470 Fax 651-241-4496 www.allinahealth.org/heartsafe heartsafe@allina.com Check us out on Facebook.com/allinaheartsafe Allina Health Heart Safe Communities AED grant Program 2018 Application Please use additional pages if needed Organization Name: City of Apple Valley Parks Contact Name: Mike Endres Mailing Address: 7100 – 147th Street West, Apple Valley, MN 55124 Phone Number: 952-953-2420 Email address: mendres@cityofapplevalley.org Grant Objective: To save more lives from Sudden Cardiac Arrest by placing AEDs where people live, work, worship and play. Preferred locations are determined by population numbers, location usage, and demonstrated need. Recipients of the grant will receive an AED informational session, the AED of their choice (through Heart Safe Communities at Allina Health. Recipients must commit to training individuals at their location in CPR and AED Use (Heart Safe will assist in finding the best method to do this) and sharing information on sudden cardiac arrest and heart health. Recipients must also commit to maintenance of the device (monthly checks and battery/electrode replacement). Brief Description of the desired location for AED Placement (include information on size, typical occupants and any specific needs): The Johnny Cake Maintenance building is occupied 9 months out of the year. The building is 24’x36’ and accommodates 5 full time staff with an additional 6 to 8 seasonal staff for 5 months in the summer season. The full time staff has requested to have an AED on sight because a few of the seasonal staff are of retirement age. _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Do you have any AEDs already? If So why are you in need of additional AEDs: There are no AEDs in this building. _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Do you currently offer CPR training, what kind? If you do not h ow will your organization implement a training program for the AED and CPR use: We do have an AED, CPR and first aid training course that certifies employees for 2 years. As part of our seasonal training , we plan to implement instructions to operate AEDs.____________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Describe how your organization will provide on -going maintenance of the AED: We have a monthly shop inspection that will include AEDs as part of that process. _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Return completed applications to: Heart Safe Communities Steering Committee 167 Grand Ave St. Paul, MN 55102 Fax 651-241-4496 Email: heartsafe@allina.com I T E M: 4.E. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A pprove S pecial Event A pplication and Permit Guide S taff Contact: B arry B ernstein, Director of P arks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve Special Event Application and Permit Guide. S UM M ARY: Staff is seeking authorization to incorporate a Special Event Application and Permit Guide into our business operations as a means to ensure safe, organized events for our residents. B AC K G RO UND: T he C ity receives requests from various organizations, groups, and businesses looking to host large scale special events within and adjacent to city parks. T hese events require varying degrees of input and coordination from multiple C ity Departments: Parks and Recreation, Police, Fire, Planning and Public Works. T he proposed Special Event Application and Permit Guide will gather all the necessary information in a single document to be reviewed by the applicable city departments to ensure a safe, organized event. T he Parks and Recreation Advisory C ommittee has reviewed the proposed Special Event Application and Permit Guide and recommended adjustments. T hose changes have been incorporated and a revised draft of the document is presented for C ity Council consideration. Staff envisions this as an evolving document. As it is put into use, modifications to the form may be needed to allow improvements in the gathering of pertinent information, minor changes may be made. B UD G E T I M PAC T: Fees charged are for cost recovery. At this time, there is no application fee recommended. AT TAC HM E NT S : Exhibit City of Apple Valley Parks & Recreation Department Special Events Permit Guide & Application CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 2 PLEASE TAKE TIME TO REVIEW THE INSTRUCTIONS CONTAINED IN THIS GUIDE BEFORE YOU BEGIN COMPLETING THE PERMIT APPLICATION FORM(S). In general, any organized event involving the use of, or having impact upon public property, street areas or the temporary use of private property in a manner that varies from its current land use, requires a permit. Special Event Permits are required for any event with an anticipated attendance of 100 persons or greater; any event lasting more than one day, any event requesting a fireworks display or tent/canopy permit; any event requesting a sound amplification allowance; any event requesting city services and/or any event requesting street or trail closures. It is our goal to provide event organizers guidance in planning safe and successful event that create a minimal impact on the communities and residents surrounding the events. THERE ARE NO SHORTCUTS TO THE PROCESSING OF A SPECIAL EVENT PERMIT APPLICATION. PLEASE SUBMIT YOUR APPLICATION A MINIMUM OF SIXTY (60) DAYS PRIOR TO YOUR EVENT. TABLE OF CONTENTS PAGE CONTACT INFORMATION 3 SPECIAL EVENT PERMIT GUIDE – PUBLIC PROPERTY EVENT 4 GENERAL INFORMATION 5-6 FEES 7 POLICIES SAFETY AND SECURITY 9 INSURANCE 9 WEATHER 9 TENT/CANOPY 10 GROUND STAKING 10 VENDOR 10 AMPLIFIED SOUND 10 VEHICLE USE 10 ALCOHOL, TOBACCO AND ILLEGAL SUBSTANCES 11 SANITATION 11 WASTE REMOVAL 12 SIGNAGE 12 KEY/DAMAGE DEPOSIT RETURN 12 RENTERS RIGHTS AND RESPONSIBILITIES 13 SPECIAL EVENT PERMIT APPLICATION – PUBLIC PROPERTY EVENT INSTRUCTIONS 1A-2A APPLICATION 3A-13A CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 3 CONTACT INFORMATION SPECIAL EVENTS – ON PUBLIC PROPERTY Park facilities are available to rent for family get-togethers, office outings and special events. All Special Event Permit Applications are on a first-come, first-served basis, are subject to approval by the City of Apple Valley’s Parks and Recreation Department and require a Special Use Permit. Special Event Permit Applications for events utilizing public property can be printed from the City of Apple Valley’s website at www.cityofapplevalley.org or picked up at: Apple Valley Community Center 14603 Hayes Road Apple Valley, MN 55124 and submitted to Attn: Special Event Permit Applications – Susan Muelken City of Apple Valley, Parks & Recreation Department 7100 W. 147th Street Apple Valley, MN 55124 For more information, please call (952) 953-2300. NOTE: Acceptance of your permit application should in no way be construed as final approval of your special event application request. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 4 SPECIAL EVENT PERMIT GUIDE – PUBLIC PROPERTY EVENT The following pages include the City of Apple Valley’s Special Event Permit Application as well as instructions and policies regarding use of public property for events. Information provided includes contact information, the reservation process, park facilities and amenities as well as facility use regulations, fees, and service charges. PERMITS & RESERVATIONS City parks are a favorite place for special events, family get-togethers and office outings. Park facilities are available to rent provided that such rentals do not interfere with regular scheduled programs or city sponsored special events. Rental requests are accepted on a first-come, first-served basis beginning the first working day in January of each year and are subject to approval by the City of Apple Valley’s Parks and Recreation Department. TYPES OF PERMITS PRIMARY PERMIT Special Event Permit Required for any event with an anticipated attendance of 100 persons or greater; any event lasting more than one day, any event requesting a fireworks display or tent/canopy permit; any event requesting a sound amplification allowance; any event requesting city services and/or any event requesting street or trail closures. Events shall not last more than 5 days. SECONDARY PERMITS Fireworks Display Permit Required for the use of any fireworks or pyrotechnics. Tent/Canopy Permit Required for all tents/ canopies with sides Signage Permit Required for any sign, billboard or banner directing attention to an event. City Council Permit Required for horses or animals (excluding household pets). NON-REFUNDABLE PERMIT FEE & DEADLINE As stated above, all permit applications are accepted beginning in January of each year. However, there are specific minimum filing deadlines for rentals and permits. PERMIT APPLICATION DEADLINE Special Event Permit (size: 100-500 participants) 60 day in advance Special Event Permit (size: over 500 participants) 60 day in advance Secondary Permits Varies CANCELLATION AND REFUND POLICY Be sure of your date and location before submitting your permit application. Once approved and processed, no refunds will be issued for cancellations made less than fourteen (14) days prior to the event. Cancellations must be in written form; verbal cancellations will not be accepted. It is the responsibility of the Event Organizer to ensure that the cancellation notice has been received. All cancellations will be charged a minimum 20% cancellation fee. No refunds will be made for cancellations due to weather conditions except extreme weather (severe thunderstorms, tornado watches or warnings). CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 5 GENERAL INFORMATION PARK FACILITIES Park buildings can accommodate groups of up to 65 people. Some open-air facilities can accommodate groups of up to several hundred people. To view park buildings and shelters, visit our website at www.cityofapplevalley.org. All groups wishing to use a City of Apple Valley park or open space for a large group event must apply for a permit and pay permit fee in advance of their event. The permit fee is in addition to the park facility rental and service fees. Furthermore, all event applicants must provide insurance coverage for the event per City requirements naming the City of Apple Valley as ‘additionally insured.’ Insurance requirements are: $1 million/personal injury, $1 million/property damage, $2 million general aggregate. Proof of insurance – ‘Certificate of Liability’ must be provided 14 days prior to the event or risk cancellation. SPECIAL EVENT GUIDELINES GENERAL EVENTS • Facility use is not available for sales events unless granted specific City approval. • Events are restricted to established public hours and to the dates, times and facility areas specified in the permit. • Event organizer(s) or designee is required to be on site during the entire event including event set-up and clean-up. • Event organizer(s) must be 21 and older. • Event organizer(s) must retain a copy of the issued permit during the entire time of the event and show it upon request. • Event organizer(s) is responsible for providing adequate first aid staff and equipment. • Event organizer(s) assumes full responsibility for any damages to the facility/equipment or any unlawful acts committed. • Motorized vehicles are to remain in designated parking lots and roadways. They are NOT allowed on park turf, trails or fields. • Use of any fireworks or pyrotechnics requires prior approval due to safety and site concerns. Permits are required. • Use of tents or canopies with potential sides require prior approval due to safety and site concerns. Inspections will be required. All tents/canopies must be shown on a site map. • Use of stakes or spikes requires Gopher 1 locates at least 3 days before an event at the applicants expense. • Attachment of any objects, signs, banners or other materials to trees, shrubs or other park features is prohibited. • Any signs posted by the event organizer(s) requires prior approval and must be in compliance with City Code requirements. All signs must be removed from park property at the conclusion of the event. • Sound amplification (music or public address) requires prior approval and must be in compliance with City Code requirements, 130.55 CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 6 • Inclusion of vendors selling merchandise, concessions and/or activities (i.e., inflatable jumpers) at an event requires prior approval. All vendors must have appropriate permits/licenses from the County and/or State. • Event organizer(s) is responsible for the provision of sufficient sanitation and waste removal for the event. Equipment and services may be rented independently or through Apple Valley Parks & Recreation. Delivery and services must be approved by the Parks & Recreation Department. Portable restrooms should meet minimum ADA requirements for events. • Costs incurred promoting and marketing events prior to issuance of an approved permit from the City and changes/modifications relative to the event from the City are at the sole expense and risk of the event organizer. RUN/WALK EVENTS In addition to the rules and regulation listed above, event organizers of run/walk events must also comply with the following: • Once run/walk route has been approved a detailed traffic control plan must be provided at least one month prior to event showing location and type of traffic control signs. • Police personnel do not automatically provide traffic control at intersections. Organization is responsible for coordinating coverage with the Police Department if traffic control is requested. • Volunteers must be provided to monitor barricades at all intersections. • A notification letter may be required to be sent to businesses and residents in the affected event areas. The City will specify details and approve the notification. Address lists are not provided by the City. Evidence will be required that the notification process was completed. Postage will be paid by the applicant. • Street closures/trail use must be posted a minimum of 3 days in advance in compliance with City policies and will include ‘date & time’ for ‘proposed event & event name’ on streets and trails. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 7 FEES User Category & Scheduling Priority: Category 1: Activities & programs of recognized Apple Valley civic and community service non-profit organizations Category 2: Non-commercial groups and individuals Category 3: Private industry, commercial and profit making organizations SERVICE & EQUIPMENT FEES 2 3 4 SERVICE AND EQUIPMENT FEES Category 1 Category 2 Category 3 Electricity – if available at facility (per day) $40 $40 $40 Tournament Field Striping $50/field $50/field $50/field Youth Tournament Field $50 $100 $150 State Tournament Fee $25/team $25/team $25/team Sports Camps – (under 4 hours) $50/field $65/field $100/field Sports Camps – (4 to 10 hours) $100/field $125/field $150/field Sports Camps – (10+ hours) $120/field $150/field $200/field Adult Athletic Field – (under 4 hours) $50/field $65/field $80/field Adult Athletic Field – (4 to 10 hours) $100/field $125/field $150/field Adult Athletic Field – (10+ hours) $120/field $150/field $200/field Softball Tournament Field $100/field $125/field $150/field General Usage Athletic Field $30/2 hrs $45/2 hrs $65/2 hrs Field Lights (per field) $20/hour $20/hour $20/hour Locates – Electrical or Irrigation Head market market market Maintenance Staff Person - Seasonal $15/hr $15/hr $15/hr Maintenance Staff Person – Full Time Regular OT $30/hr $30/hr $30/hr Maintenance Staff Person – Full Time Regular Sunday OT $40/hr $40/hr $40/hr Portable Toilet Cleaning – existing units and rental units (per unit / per event) market market market Portable Toilets – Regular additional Units (per unit / per event) market market market Portable Toilets – ADA additional Units (per unit / per event) market market market Garbage Carts – 55 gallon barrels (per barrel / per event) $15 $15 $15 Garbage Removal (per hour) $35 $35 $35 PERSONNEL FEES RATE Police personnel (per officer / per hour) varies Fire personnel (per fire crew / per hour) varies Parks & Recreation personnel (per supervisor / per hour) varies CONCESSION FACILITY FEES CATEGORY 1 CATEGORY 2 CATEGORY 3 Johnny Cake Ridge Park -East • Park Hours 7 a.m.–11:30 p.m. • Concession Area • Damage & Key Deposit $50.00/day $150.00 $75/day $150.00 $100/day $150.00 Quarry Point Park • Park Hours 7 a.m.–11:30 p.m. • Concession Area • Damage Deposit $50/day $150.00 $75/day $150.00 $100/day $150.00 Teen Center • Park Hours 7 a.m.–10 p.m. • Damage Deposit $50.00/day $150.00 $75/day $150.00 $100/day $150.00 CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 8 POLICIES SAFETY & SECURITY POLICIES • The Apple Valley Police and Fire Departments will determine if and how many Public Safety personnel will be required at an event. All emergency personnel costs associated with the event will be the responsibility of the event organizer. • Event organizer is responsible for providing the following items. Note, submitted materials are subject to review and approval by the Police and Fire Departments. o Event site map, o First aid plan, o Emergency/severe weather evacuation plan, o Run/Walk route map with traffic control points, if applicable. • Police Department Considerations (phone: 952-953-2700): o Estimated attendance o Traffic Control (event ingress/egress, traffic control/street closures) o Location and time of event o Event Activities o Alcohol Sales and Service • Fire Department Considerations (phone: 952-953-2600): o Estimated attendance o Fireworks or pyrotechnics (secondary permit required) o Tents/Canopies (inspection required) o Cooking –excessive heat, spark or open flame (inspection required) INSURANCE POLICY • All event applicants must provide insurance coverage for the event per City requirements naming the City of Apple Valley as ‘additionally insured.’ • Insurance requirements are: $1 million/personal injury, $1 million/property damage, $2 million general aggregate. • Proof of insurance – ‘Certificate of Liability’ must be provided 14 days prior to the event or risk cancellation. Certificate show the City of Apple Valley as ‘additionally insured.’ WEATHER POLICY • Events, programs and/or facilities may be cancelled or postponed by the City of Apple Valley if it determines that weather conditions are unsafe for participants, conducting the activity will have a severe and lasting impact on the facility or crews are unable to maintain safe access to a facility due to accumulations of ice, snow or water. • Unless canceled by the City of Apple Valley, no refunds will be made for cancellations due to weather conditions except extreme weather (severe thunderstorms, tornado watches or warnings, blizzards). CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 9 TENT/CANOPY POLICY • Permits are required for all tents over 200 square feet and canopies over 400 square feet in size. • The Inspection Division (phone: 952-953-2588) must review and approve all tent/canopy permit applications. Tents and/or canopies shall comply with the Minnesota State Fire Code (MSFC), Section 105.6.43 and Chapter 24. • A complete application includes the following: o A Site Plan Location of tent/canopy Location of stage Location of vendor booths Location of restrooms Size of tent/canopy Parking and Fire lane provisions Distances to structures and lot lines If applicable, provide an interior plan showing exiting/signs, stage location and size, fire extinguishers, trash collection, seating, electrical/exit lighting, heating and floor covering. o Completed Form o Fee • A copy of the rental company’s Business Tax Certificate must be provided. FIREWORKS • Permits are required GROUND STAKING POLICY • Use of stakes or spikes requires Gopher 1 locates at least three days prior to the event. Costs associated with this service are the applicants’ responsibility. Damage to turf, trail, infields, water lines or other utilities due to stakes or spikes will be charged to the event organizer. VENDOR POLICY (MERCHANDISE, FOOD, ACTIVITY) • Inclusion of vendors selling merchandise, concessions and/or event activities (i.e., inflatable jumpers) at an event requires prior approval. • All vendors must have appropriate permits or licenses from the County and/or State and have said permits or licenses during the entire time of the event and show it upon request. As well, a copy of the company’s Business Tax Certificate must be provided. • Merchandise/Food vendors are allowed in designated areas only. Placement of merchandise/food vendors must be pre-approved by the Parks & Recreation Department. AMPLIFIED SOUND POLICY • Sound amplification (music or public address) requires prior approval and must be in compliance with City Code requirements. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 10 VEHICLE USE POLICY • No person shall park or stop any motor vehicle at any place in a park, except in designated parking areas or upon a public street. They are NOT allowed on turf, trails or fields. Damage to turf, trail, infields, water lines or other utilities due to driving in non-designated areas will be charged to the event organizer. ALCOHOL, TOBACCO & ILLEGAL SUBSTANCES POLICY • No distilled spirits shall be allowed in any park, excluding Valleywood Golf Course. Distilled spirits may be purchased from, consumed, possessed or displayed within Valleywood Golf Course in accordance with its liquor license under this code and state law. Distilled spirits are distilled beverages containing ethyl alcohol or hydrated oxide of ethyl including, but not limited to: whiskey, rum, brandy, gin, tequila, vodka, schnapps, and liqueur including all dilutions and mixtures thereof. • Organization will be required to check ID’s and provide wristbands for people legally able to purchase and consume alcohol. • An Apple Valley Police Officer or Officers, depending on the size of the event, must be present during the entire event. Costs will vary. SANITATION POLICY • Event organizers are responsible for the cleaning of any existing on-site portable restrooms as well as the coordination and rental of any additional portable restrooms and/or hand-washing stations that are needed. Use of these items may require the Event Organizers to meet ADA regulations. • Additional portable restrooms and/or hand-washing stations may be contracted through Apple Valley Parks & Recreation or through an independent rental company. A copy of the rental company’s Business Tax Certificate must be provided. • Cleaning of existing portable restrooms is coordinated through Apple Valley Parks & Recreation Department. Event organizer is responsible for cleaning fees. • Portable restroom delivery and placement must be pre-approved by the Parks & Recreation Department. PORTABLE TOILET GUIDE ESTIMATED # OF PEOPLE ATTENDING NUMBER OF EVENT HOURS 1 2 3 4 5 6 7 8 100-250 2 2 2 2 2 3 3 3 250-500 2 3 3 4 4 4 4 4 500-750 4 4 5 5 6 6 8 8 750-1000 4 4 6 6 6 8 8 8 2000 5 7 8 8 12 13 13 14 3000 7 8 10 12 16 16 18 18 4000 10 12 16 18 20 24 24 24 5000 12 16 16 20 24 28 30 32 CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 11 WASTE REMOVAL POLICY • Event organizers are responsible for the removal of all waste related to the event and any related fees. This includes but is not limited to emptying of trash bins and the removal of waste from the event site and other affected areas. • Waste removal may be contracted through Apple Valley Parks & Recreation or through an independent rental company. A copy of the rental company’s Business Tax Certificate must be provided. • Delivery and placement of any waste removal equipment must be pre-approved by the Parks & Recreation Department. SIGNAGE POLICY • All signage associated with an event shall be in conformance with Apple Valley Code of Ordinances, Chapter 154. Temporary sign applications shall be provided with a separate permit for all signage associated with an event. • Event signs may not be attached to trees, buildings, street signs, street lights, traffic lights, light poles, utility boxes, fire hydrants or other existing, permanent structures. • Off-site signage shall be permitted without City Council approval. • Signage shall not be placed in any Right-of-way. • All signs posted by the event organizers must be removed from park property at the conclusion of the event. Any signs left behind will be subject to additional clean up fees. KEY/DAMAGE DEPOSIT RETURN POLICY • The key/damage deposit made at the time of your facility reservation will be refunded within four (4) weeks following the: o Return of the facility key. Note, If a facility key is issued and not returned, the key/damage deposit will not be refunded. o End date of your event if a facility key was NOT issued. • Please note that a prorated amount of the deposit may be retained if the event runs over the contracted time, site clean-up is required and/or there are any damages. To ensure return of the full deposit, please complete the following that apply: o Clear picnic tables of all trash/debris and return tables to original positions. o Clear floor and adjacent grounds of trash/debris. o Remove all decorations, banners and any signage. All tape, string or other fasteners should also be completely removed. o Place all trash/debris in appropriate receptacles. o Ensure that no intentional damage or vandalism occurs at the facility during your reservation. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT GUIDE Revised 1/18 12 RENTER’S RIGHTS AND RESPONSIBILITIES • Groups with permits have the right to enjoy their site for the time indicated on the permit. Individuals or groups without permits must relinquish the area when proof of a valid permit is presented. If no permit for a site is presented, the facilities are available on a first-come first-serve basis. • The individual named on the permit and the group in whose name the permit is issued shall be held jointly responsible for any use to which a facility is put under the permit granted and shall accept responsibility for all damages done to City property. • The applicant needs to be in attendance at the event during the time specified on the permit and have it in their possession. Permits are non-transferable. • The City of Apple Valley is not responsible for loss of personal property by individuals or groups when Park and Recreation facilities are being used for a permitted activity. • Fire and safety regulations of the City of Apple Valley and the State of Minnesota must be observed at all times. • In the event of an emergency or injury, call 9-1-1. • Application must include set-up time and clean-up time. The use of the facility shall be restricted to the space and time(s) specifically allowed on the permit. All activities shall cease in sufficient time to completely vacate rental facilities approved on the permit. If activities are not concluded by the time approved on the permit, the group shall be subject to additional rental fees. • All groups shall leave the park facilities in the same order and condition in which they are found. • Applicants are required to move, at their expense, any rubbish (materials, equipment, furnishings…) that cannot be contained in the trash receptacles provided. If rubbish is not removed by the time approved on the permit, the group shall be subject to additional service fees. • Leashed pets are allowed in all parks in all areas except on playground structures, athletic fields/courts and in park buildings. Owners must pick up and dispose of excrement in waste receptacles provided. • In the event of damage to the premises, the damage will be documented and any repair bills will be invoiced to the individual/group named on the permit application. • The renter assumes responsibility for all activities conducted, including but not limited to: o Conveying and if needed enforcing all information, policies and procedures to all parties involved in the event (including all vendors and sponsors). o Supervision and control to prevent injury or damage. o Maintenance of the premises during the scheduled use. o Cleaning of refuse and debris and disposing in trash receptacles after the completion of the event. o Security to maintain order. • Persons using the outdoor park areas at any City park will be held responsible for observing Apple Valley Parks & Recreation’s Park Ordinances. Please share relevant park information with your guests prior to scheduled use. If any of the above is not followed, the City of Apple Valley may immediately terminate your event, retain the damage deposit, in part or whole, and the privilege to rent an Apple Valley park facility may be revoked. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION City of Apple Valley Parks & Recreation Special Events Permit Application – Public Property Event POLICE DEPARTMENT □ Event Security and Emergency Coverage □ Street Closure □ Evacuation Plan Print Name ________________________ Title _____ ______________________ Signature_____________________________________ Date_________________________ FIRE DEPARTMENT □ Event Security and Emergency Coverage □ Fireworks Display Permit □ Tent/Canopy Inspection □ Recreational Fire Permit Print Name ________________________ Title _____ ______________________ Signature_____________________________________ Date_________________________ PUBLIC WORKS DEPARTMENT □ Street Closure Print Name ________________________ Title _____ ______________________ Signature_____________________________________ Date_________________________ PARKS AND RECREATION DEPARTMENT □ Special Events Permit Application □ Secondary Permits □ Tent/Canopy Permit □ City Council Permit □ Signage Permit □ Portable Restroom/Handwashing Station(s) □ Sanitation/Trash Service Print Name ________________________ Title _____ ______________________ Signature_____________________________________ Date_________________________ COMMUNITY DEVELOPMENT □ Signage □ Site Plan Review Print Name ________________________ Title _____ ______________________ Signature_____________________________________ Date_________________________ Internal Use Only - (Not to be included in packet) CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 1-A SPECIAL EVENT PERMIT APPLICATION – PUBLIC PROPERTY EVENT It is our goal to provide event organizers guidance in planning safe and successful events that create minimal impact on the communities and residents surrounding the events. Park facilities are available to rent for special events provided that such rentals do not interfere with regular scheduled programs or city sponsored special events. A written permit is required for all groups/individuals renting a park facility or part of a facility. PERMIT APPLICATION PROCESS 1. All rental requests are accepted on a first-come, first-served basis beginning the first working day in January of each year. Submission of a permit application constitutes a request to use park space for the purpose of an event and does not guarantee approval. 2. Complete the required permit application and the appropriate secondary permits. 3. Submit the completed permit application(s) with all applicable fees and required documentation in accordance with the prescribed permit deadline – forty-five (45) days prior to event date. 4. Failure to submit fees and requested documentation will be considered an incomplete application. Incomplete applications will not be processed. 5. Forms of payment accepted: Cash, Check, Discover, Mastercard, VISA or American Express. Checks should be made out to “City of Apple Valley.” 6. All proposed rentals/events are subject to approval of the Apple Valley Parks & Recreation Department. 7. Permits will be issued to adults only. 8. Permits are non-transferrable to any person or organization. 9. Rules, regulations and restrictions unique to each site/facility may apply. 10. Costs incurred promoting and marketing events prior to issuance of an approved permit from the City and changes/modifications relative to the event from the City are at the sole expense and risk of the event organizer. 11. For more information please contact the Apple Valley Parks and Recreation Department at (952) 953– 2300. NOTE: Acceptance of your permit application should in no way be construed as final approval of your special event application request. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 2-A SPECIAL EVENT PERMIT APPLICATION – PUBLIC PROPERTY EVENT SECTION 1: CONTACT INFORMATION HOST ORGANIZATION Organization Name: ___________________________________________________________ Type of Organization: □ Corporation □ Gov’t □ Non-Profit □ Other Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Physical Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_______________ Fax Number: ( )________________ Website Address: http://_______________________________________________________ EVENT ORGANIZER Name & Title: ________________________________________________________________ Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_____________ Cell Phone Number: ( )_______________ Fax Number: ( )_____________ E-mail Address: _________________________________ SECONDARY ORGANIZER Name & Title: ________________________________________________________________ Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_____________ Cell Phone Number: ( )_______________ Fax Number: ( )_____________ E-mail Address: _________________________________ ON-SITE CONTACT Name & Title: ________________________________________________________________ Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_____________ Cell Phone Number: ( )_______________ Fax Number: ( )_____________ E-mail Address: _________________________________ CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 3-A SECTION 2: EVENT INFORMATION EVENT DETAILS Event Name/Title: ____________________________________________________________ Type of Event: □ Concert □ Ceremony □ Run/Walk □ Fundraiser □ Festival □ Wedding □ Other__________________________ Event Description (detailed): ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Is this an annual event? □ Yes □ No Is this a multi-day event? □ Yes □ No Event Start Date:_______________________ Event End Date: _______________________ Is the event open to the public or private? □ Public □ Private Is there an admission fee? □ Yes □ No What is the anticipated attendance? Overall: _____________ Daily: _____________ What was the previous year’s attendance? Overall: _____________ Daily: _____________ EVENT SET-UP & TEAR-DOWN *If you are requesting street closures please refer to Section 8 to provide all street closure information. How many days will your organization require to: Set-Up: ________ Tear Down: ________ Event Set-Up Date: ____________________ Event Set-Up Time: ________ to ________ (Day of Week) (Date) Event Start Date: ____________________ Event Start Time: ________ AM /PM (Day of Week) (Date) Event End Date: ____________________ Event End Time: ________ AM /PM (Day of Week) (Date) Event Tear Down Date: _________________ Event Tear Down Time: _______ to ______ (Day of Week) (Date) If your event requires multi-day set-ups and tear downs, please attach an additional sheet of paper with the above requested information for each day. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 4-A SECTION 3: LOCATION & STAGING LOCATION DETAILS Are you requesting use of a City park facility? □ Yes □ No Contact Apple Valley Parks & Recreation for park facility availability information – (952)9539-2300. Park Facility Name:____________________________________________________________ Park Facility Address: __________________________________________________________ The following areas of the Park Facility will be used at the event (please mark all that apply): □ Building □ Pavilion/Picnic Shelter □ Playfield □ Rink □ Court □ Play Structure □ Stage □ Trail □ Other ___________________________ Please attach your Site Plan / Map to your Application Packet. STAGING DETAILS The following items will be used at the event (please mark all that apply). Note: Staking requires Gopher 1 locates. □ Amplified Sound/Music □ Dance Floor(s) □ Tents/Canopies □ Stage(s) □ Bleacher(s) □ Live Entertainment □ Electricity □ Other ______________ If any of the above items will be used, please indicate their location on your attached Site Plan / Map. Use of the above items may require the Event Organizer to meet ADA regulations. CATERING / FOOD VENDOR DETAILS Event Organizer must obtain health permits from all caterers/food vendors. Note: Alcohol policy. The event will include the following (please mark all that apply): □ Non-Profit Food Vendors □ Pre-Packaged Food/Beverage Items □ Professional Catering □ Retail Food Vendors □ Other__________________ If a professional caterer will be hired for this event, please provide the following information and attach copies of the company’s Business Tax Certificate, Liability Insurance Certificate and Health Certificate. Company Name: _______________________ Contact Name: _________________________ Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Physical Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_______________ Fax Number: ( )________________ CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 5-A SECTION 4: PARKING & SHUTTLE SERVICE PARKING DETAILS Please describe Public Parking arrangements. (Please indicate location(s) on Site Plan / Map) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Please describe VIP, Event Staff and/or Volunteer Parking arrangements. (Please indicate location(s) on Site Plan / Map) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ SHUTTLE SERVICE DETAILS Will a shuttle service be provided from parking areas to the event site? □ Yes □ No If yes, please describe the shuttle plan. (Please indicate pick-up and drop-off location(s) on Site Plan / Map) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ If providing a private shuttle service, please provide the following information and attach copies of the company’s Business Tax Certificate, Liability Insurance Certificate and Minnesota State License. Company Name: _______________________ Contact Name: _________________________ Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Physical Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_____________ Cell Phone Number: ( )_______________ Fax Number: ( )_____________ E-mail Address: _________________________________ CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 6-A SECTION 5: SANITATION & WASTE REMOVAL RESTROOM FACILITY DETAILS Event Organizers are responsible for the ‘event’ cleaning of existing on-site portable restrooms as well as for arranging the rental of any additional portable restrooms and/or hand-washing stations and related fees. Use of these items may require the Event Organizers to meet ADA regulations. Portable restroom delivery/placement must be pre-approved. (Please indicate location(s) of portable restrooms on Site Plan / Map) □ Host Organization will contract portable restrooms and/or handwashing stations through an independent, professional company. □ Host Organization will contract portable restrooms and/or handwashing stations through Apple Valley Parks & Recreation Department. If contracting with an independent rental company, please provide the following information. A copy of the rental company’s Business Tax Certificate must be attached. Company Name: _______________________ Contact Name: _________________________ Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Physical Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_____________ Cell Phone Number: ( )_______________ Fax Number: ( )_____________ E-mail Address: _________________________________ WASTE REMOVAL DETAILS Event Organizers are responsible for arranging the removal of all waste related to the event and related fees. This includes but is not limited to emptying of trash bins and removal of waste from the event site. Delivery and placement of any waste removal equipment must be pre-approved. (Please indicate location(s) of waste carts /bins on Site Plan / Map) □ Host Organization will contract waste removal through an independent, professional company. □ Host Organization will contract waste removal through Apple Valley Parks & Recreation Department. If contracting with an independent sanitation company, please provide the following information. A copy of the rental company’s Business Tax Certificate must be attached. Company Name: _______________________ Contact Name: _________________________ Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Physical Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_____________ Cell Phone Number: ( )_______________ Fax Number: ( )_____________ E-mail Address: _________________________________ CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 7-A SECTION 6: EMERGENCY SERVICES – POLICE & FIRE POLICE Event Organizers are responsible for coordinating event security and emergency coverage with the Apple Valley Police Department. The Police Department will determine if and how many police resources will be required at an event. All Police Department costs associated with the event are the responsibility of the event organizer. Police Department Phone Number: 952-953-2700 □ Event attendance: _____________ □ Event will require traffic control: □ Event ingress/egress □ Street closures □ Other__________________________________________________________ □ Event will host the use of: □ alcohol □ helicopter ingress/egress □ mock Gunfire and/or use of weaponry for special effects □ Other__________________________________________________________ FIRE Event Organizers are responsible for coordinating event safety and emergency coverage with the Apple Valley Fire Department. The Fire Department will determine if and how many fire resources will be required at an event. All Fire Department costs associated with the event are the responsibility of the event organizer. Fire Department Phone Number: 952-953-2600 □ Event attendance: _____________ □ Event will include tents and/or canopies: □ tents over 200 square feet □ canopies over 400 square feet □ Event will host the use of: □ fireworks/pyrotechnics (date/time:______________) □ helicopter ingress/egress □ mock Gunfire and/or use of weaponry for special effects □ Other_________________________________________________________) EVACUATION PLAN Event Organizers are responsible for providing an emergency evacuation plan. Please attach an additional sheet of paper with the requested information. Evacuation plans are subject to review and approval by the Apple Valley Police Department. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 8-A SECTION 7: EMERGENCY SERVICES – MEDICAL MEDICAL PLAN All events are required to have a First Aid Station on-site. All costs associated with the event are the responsibility of the event organizer. (Please indicate location(s) on Site Plan/Map) In the event of an emergency: □ Event Organizer / On-Site Contact will call 9-1-1. □ Event Organizer will provide / arrange for an ambulance company to be on site. □ Event Organizer will provide / arrange for a medical doctor, registered nurse and/or EMT staff to be on site. If providing an ambulance company, please provide the following information and attach copies of their Business Tax Certificate, Liability Insurance Certificate and MN Drivers License. Company Name: _____________________________________________________________ Contact Name: ______________________________________________________________ Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Physical Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_____________ Cell Phone Number: ( )_______________ Fax Number: ( )_____________ E-mail Address: _________________________________ If providing a medical doctor, registered nurse and/or EMT staff, please provide the following information and attach a copy of their identification credentials. Company Name: _____________________________________________________________ Contact Name: ______________________________________________________________ Mailing Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Physical Address: _____________________________________________________________ (Street Address) (City) (State) (Zip) Primary Phone Number: ( )_____________ Cell Phone Number: ( )_______________ Fax Number: ( )_____________ E-mail Address: _________________________________ CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 9-A SECTION 8: STREET CLOSURE(S) & TRAIL USE STREET CLOSURES Please keep in mind that streets must be closed from intersection to intersection; streets cannot be closed mid-block. Event Organizer is responsible for posting Temporary ‘No Parking’ signs according to requirements. Please list the streets, from intersection to intersection, you would like closed for your event. Your Site Plan/Map must show all streets and closures. Street closures are subject to review and approval by the Apple Valley Police Department. Space is provided for three (3) entries. If you need more space please attach an additional sheet of paper with the requested information. It may be necessary for the Event Organizer to obtain a Professional Traffic Plan. (1) Street Name: _____________________________________________________________ From (cross street): ___________________________________________________________ To (cross street): _____________________________________________________________ Type of Closure: □ Street Closure □ Sidewalk Closure Closure Start Date: ____________________ Closure Start Time: ________ AM /PM (Day of Week) (Date) Closure End Date: ____________________ Closure End Time: ________ AM /PM (Day of Week) (Date) (2) Street Name: _____________________________________________________________ From (cross street): ___________________________________________________________ To (cross street): _____________________________________________________________ Type of Closure: □ Street Closure □ Sidewalk Closure Closure Start Date: ____________________ Closure Start Time: ________ AM /PM (Day of Week) (Date) Closure End Date: ____________________ Closure End Time: ________ AM /PM (Day of Week) (Date) (3) Street Name: _____________________________________________________________ From (cross street): ___________________________________________________________ To (cross street): _____________________________________________________________ Type of Closure: □ Street Closure □ Sidewalk Closure Closure Start Date: ____________________ Closure Start Time: ________ AM /PM (Day of Week) (Date) Closure End Date: ____________________ Closure End Time: ________ AM /PM (Day of Week) (Date) CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 10-A SECTION 8: STREET CLOSURE(S) & TRAIL USE TRAIL USE Please list the trails you would like to use for your event. Your Site Plan/Map must show all anticipated trail use. Trail use is subject to review and approval by the Apple Valley Parks and Recreation Department. Space is provided for three (2) entries. If you need more space please attach an additional sheet of paper with the requested information. It may be necessary for the Event Organizer to obtain a Professional Traffic Plan. (1) Park/Trail Name: __________________________________________________________ Start Date: ____________________ Start Time: ________ AM /PM (Day of Week) (Date) End Date: ____________________ End Time: ________ AM /PM (Day of Week) (Date) (2) Park/Trail Name: __________________________________________________________ Start Date: ____________________ Start Time: ________ AM /PM (Day of Week) (Date) End Date: ____________________ End Time: ________ AM /PM (Day of Week) (Date) BARRICADE EQUIPMENT Does Host Organization have its own barricade equipment? □ Yes □ No If not, please indicate how Host Organization will meet all barricade requirements. □ Host Organization will rent barricade equipment from a private company. Host Organization will set-up and tear down barricade equipment. □ Host Organization will rent barricade equipment from a private company. Private company will set-up and tear down barricade equipment. NOTICE OF TEMPORARY STREET CLOSURE The City of Apple Valley requires that all affected residents/businesses both on and adjacent to a proposed street closure be notified of such a street closure. A notification letter may be required to be sent to businesses and residents in the affected event areas. The City will specify details, approve the notification and provide the address list. Evidence will be required that the notification process was completed. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 11-A SECTION 9: SITE PLAN/MAP INSTRUCTIONS SITE PLAN/MAP INSTRUCTIONS All site plans/maps must be submitted using 8 ½ ” x 11" or 8 ½ ” x 14" white paper. All applicants are required to submit a detailed Site Plan/Map. Site plans/maps must include a directional sign showing North, South, East and West. Site plans/maps must also include a key showing the use of symbols for people, vehicles, first aid station(s), cooking station(s), food tables, tent(s)/canopies, stage(s), platform(s), barricades, etc. If using Computer Assisted Generation (CAG) for the site plan/map please ensure the use of Fonts no smaller than size 11. SECTION 10: MISCELLANEOUS MISCELLANEOUS ANIMALS If animals will be present, food service canopies/tents must be at least fifty (50) feet away. It will also be required that Event Organizer provides portable hand-washing stations. Will there be any kind of animals at this event (e.g. petting zoo, pony rides, etc.)? □ Yes □ No If yes, please indicate the location of the animals on the Site Plan/Map. INFLATABLES Will there be any kind of inflatables at this event (e.g. moonwalk, obstacle course, etc.)? □ Yes □ No If yes, please indicate the location of the inflatables on the Site Plan/Map. ELECTRICITY Will access to electricity be required for this event? Note: location of electrical access points may impact event site plan. □ Yes □ No KEY AND/OR DAMAGE DEPOSIT RETURN The key and/or damage deposit made at the time of your facility reservation will be refunded within four (4) weeks following the: • Return of the facility key. Note, If a facility key is issued and not returned, the key/damage deposit will not be refunded. • End date of your event if a facility key was NOT issued. CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 12-A SECTION 11: INDEMNIFICATION AGREEMENT Host Organization and/or Event Organizer agree, in consideration of the granting of this Application and Special Event Permit for: ________________________________________ to be held on ________________________________________ Event Name Event Date(s) by ___________________________________________ of ___________________________________________ Event Organizer/Primary Applicant Host Organization Host Organization and/or Event Organizer(s) agree to defend, indemnify and hold harmless the City of Apple Valley, and the City of Apple Valley’s employees, officers, managers, agents, council members, and volunteers harmless from any and all losses, damages, claims for damage, liability, lawsuits, judgement expense an cost(s) arising from any injury or death to any person or damage to any property including all reasonable costs for investigation and defense thereof (including, but not limited to, attorney fees, costs and expert fees) arising out of or attributed to the issuance of Applicant’s Special Event Permit regardless of where the injury, death or damage may occur, unless such injury, death or damage is caused by the sole negligence or willful misconduct of the City. Host Organization and/or Event Organizer(s) agree to provide satisfactory evidence of, and shall thereafter maintain during the specified special event, such insurance policies and coverages in the types, limits, forms and ratings required by the City’s Risk Manager or City Attorney or their designee. ________________________________________ ________________________________________ Print Name Title ________________________________________ ________________________________________ Signature Date CITY OF APPLE VALLEY SPECIAL EVENT PERMIT APPLICATION Revised 2/2017 13-A SECTION 12: APPLICANT AGREEMENT Please read each statement. Initialing next to each statement indicates your understanding and agreement to the statement. ______ □ Host Organization and/or Event Organizer(s) agrees, upon request, to provide a Liability Insurance Certificate providing evidence of general liability insurance coverage in the minimum amount of $1 million/personal injury, $1 million/property damage, $2 million general aggregate AND an additional insured endorsement naming the City of Apple Valley, its officers, employees and agents’ as additional insured. This document must be submitted no later than fourteen (14) days prior to the event start date. ______ □ Host Organization and/or Event Organizer(s) agrees, upon request, to submit a Security Plan setting forth the proposed security measures to be taken to protect the health, safety and welfare of the participants, spectators, bystanders and passerby. This plan will be reviewed by the Apple Valley Police Department who may require alterations to the plan. Security measures may include but are not limited to the hiring of Apple Valley Police Officers at the expense of the Event Organizer. ______ □ Host Organization and/or Event Organizer(s) agrees, upon request, to provide a copy of their Determination Letter, as issued by the Internal Revenue Service of the United States, if the application is made on behalf of any organization representing itself as a tax-exempt, non-profit and/or charitable organization. ______ □ Host Organization and/or Event Organizer(s) agrees, upon request, to pay a refundable Key and/or Damage Deposit at the time of the rental as a condition of the issuance of the Special Event Permit. Applicant also agrees to pay any clean-up costs, in excess of the deposit, incurred by the City as a result of additional clean-up required to return the event location and surrounding area to its previous condition. ______ □ Host Organization and/or Event Organizer(s) agree to notify all residents and businesses that will be affected by street/sidewalk closures and/or amplified sound, and provide evidence that notification was completed. ______ □ Host Organization and/or Event Organizer(s) agree to supply barricades, cones and/or warning signs and to situate them in such a position that the street closure may be maintained in a safe and orderly manner. ______ □ Host Organization and/or Event Organizer(s) agree that any false statement or material misrepresentation made in support of this application and permit is cause for denial of issuance of a Special Event Permit. Applicant also agrees that failure to adhere to the policies and procedures established by the City of Apple Valley or any conditions or restrictions imposed upon the permit by the Apple Valley Public Safety Departments or the Parks and Recreation Department, is cause for revocation of the Special Event Permit. Applicant further agrees that the Special Event Permit may be revoked at any time by any supervisor of the Apple Valley Public Safety Departments or the Parks and Recreation Department. By signing below, Host Organization and/or Event Organizer indicate understanding and agreement to the above statements. ________________________________________ ________________________________________ Print Name Title ________________________________________ ________________________________________ Signature Date I T E M: 4.F. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A uthorize Distribution of Draft S urface Water Management Plan to Outside A gencies for Review S taff Contact: J essica Schaum, Natural Resources Coordinator Department / Division: Natural Resources Division AC T I O N RE Q UE S T E D: Authorize distribution of the Draft Surface Water Management Plan to outside agencies for review. S UM M ARY: T he C ity's Surface Water Management Plan (S WMP) has now been compiled into a draft form to be distributed for outside agency review. T he Draft SWMP was prepared by Barr Engineering. T he purpose of the S WMP is to provide guidance for managing long term integrity of the City's surface waters and to maintain compliance with surface water regulations. B AC K G RO UND: To ensure consistency with the 2040 C omprehensive Plan, the 2007 S WMP has been updated to reflect land use changes and new modeling efforts. T he proposed Draft SWMP specifically addresses changes to land use, new precipitation trends, and state regulations that have occurred in the City since the 2007 SWMP was adopted. T he Planning C ommission received an update of the Draft SWMP at the February 21, 2018 meeting. Feedback from the Planning C ommission has been considered and incorporated where necessary. Authorizing the distribution of the D raft S WMP to outside agencies will begin the required 60-day preliminary review process for watershed management organizations (Black Dog Watershed Management Organization and the Vermillion River Watershed J oint Powers Organization) and the Metropolitan C ouncil. T he C ity's SWMP must be consistent with watershed management plans. C omments received from outside agencies will be addressed in the final draft of the SWMP. T he final draft will then be provided to the C ity C ouncil for final review and adoption later this year. An overview of the Draft S WMP is attached and a full copy of the D raft SWMP is available for review in the Public Works Department. T he final 2018 SWMP will serve as the C ity's guiding document for the next ten years once it is approved by the C ouncil. B UD G E T I M PAC T: Funding for the update to the SWMP is provided from the 2018 Stormwater Utility Fund. AT TAC HM E NT S : Background Material 1 1.0 Surface Water Management (Comp Plan) The City of Apple Valley’s surface water resources include lakes, ponds, and wetlands. The City also maintains a complex stormwater system including pipes, ponds, and other infrastructure that convey runoff from the landscape to downstream receiving waters. To aid in the management of these resources, the City of Apple Valley has adopted a Surface Water Management Plan (SWMP) to serve as a guide to managing the surface water system throughout the City. The SWMP identifies system improvements, management programs, and other actions to address water resource issues facing the City. This section of the Comprehensive Plan summarizes key elements of the SWMP; the complete SWMP is include as an appendix to the 2040 Comprehensive Plan. 1.1 SWMP Purpose and Scope The City’s 2018-2027 SWMP is the third iteration of the City’s SWMP and replaces the previous SWMP adopted by the City in 2008. The purpose of the SWMP is to provide a framework and reference for protecting, preserving, and managing the City surface water resources and stormwater management system. The SWMP is a local water management plan prepared in accordance with Minnesota Statute 103B.235 and Minnesota Rules 8410. According to statute, the purposes of these water management programs are to:  Protect, preserve, and use natural surface and groundwater storage and retention systems;  Minimize public capital expenditures needed to correct flooding and water quality problems;  Identify and plan for means to effectively protect and improve surface and groundwater quality;  Establish more uniform local policies and official controls for surface and groundwater management;  Prevent erosion of soil into surface water systems;  Promote groundwater recharge;  Protect and enhance fish and wildlife habitat and water recreational facilities; and  Secure the other benefits associated with proper management of surface and ground water. The SWMP was developed consistent with the guidance from the Metropolitan Council, and WMOs with jurisdiction in the City, including the Vermillion River Watershed Joint Powers Organization (VRWJPO) and the Black Dog Watershed Management Organization (BDWMO). The City’s SWMP includes the following content:  Executive Summary summarizing the significant elements of the SWMP  Introduction describing the purpose and development of the SWMP  Land and Water Resources Inventory describing the physical conditions in the City  Assessment of Issues and Opportunities  Stormwater System Analysis including water quality and hydrologic and hydraulic modeling  Goals and Policies  Implementation Program 2 1.2 Existing System The SWMP includes an inventory of the surface water resources and stormwater management infrastructure located within the City. The City is subdivided into seven major drainage areas including three drainage areas within the jurisdiction of the BDWMO and four drainage areas within the jurisdiction of the VRWJPO. The City subdivided these drainage areas into subwatersheds for water resource management and planning purposes, including hydrologic, hydraulic, and water quality modeling. The subwatershed divides shown in Figure X were determined by local topography and the layout of the City’s stormwater system. Major elements of the City’s stormwater system are also shown in Figure Y, including:  Location and names of designated stormwater ponds and lakes  Boundaries of major and minor watersheds  Stormwater trunk lines connecting the ponding areas  Forcemains with flow direction and pipe sizes  Stormwater structure locations  Locations where stormwater from the City’s storm drainage system is discharged to an adjacent community As part of SWMP development, the City updated hydrologic, hydraulic, and water quality modeling for the majority of the drainage areas in the City. Additional information is included in Section 4 of the SWMP. 1.3 Issues and Opportunities Section 3 of the SWMP summarizes City-wide and specific water resource issues. The issues discussed in Section 3 of the SWMP are organized into the following topic areas:  Water quality (including stormwater runoff water quality, MPCA impaired waters, total maximum daily load studies, waterbody classification and water quality goals, water quality BMP maintenance, and other water quality issues) – Much of the City’s storm drainage planning efforts were made during a time when flood protection was a top priority and the impacts of stormwater runoff on water quality were not fully recognized. Much of the existing water quality degradation is directly related to a largely irreversible stormwater system configuration that routes runoff from urbanized areas through the City’s natural water resources. Some of the most challenging issues facing the City include the management of stormwater quality and the water quality of downstream water resources.  Water quantity and flood risk reduction (including floodplain management, hydrologic and hydraulic modeling, and discussion of select local flooding issues) – Many of the most significant historical flooding issues have been addressed by the City. However, development, redevelopment, and changing precipitation patterns place increasing stress on aging stormwater infrastructure. The hydrologic and hydraulic modeling included in the SWMP identified areas where the City will focus its flood risk reduction efforts. 3  Wetland management (including wetland and shoreland buffers, aquatic invasive species, and wetland classification and inventory) – Diverse wetland systems are critical components of a healthy hydrologic system. Tools to inventory, assess, and regulate wetlands are needed to minimize the negative effects of land development and other human activities in wetlands.  Groundwater management – Consumptive use of groundwater places increased pressure on the bedrock aquifers that the City relies upon for drinking water. In addition, development results in larger impervious areas and more compacted soils, decreasing opportunities for infiltration and recharge.  Erosion and sediment control – Increased sedimentation resulting from urban development may negatively impact water quality, fish and wildlife habitat, and aesthetics. Sediment deposition can also wholly or partially block culverts, manholes, and other stormwater facilities, increasing flood risk and requiring more frequent maintenance of the City’s stormwater system. The issues listed above are described in greater detail in Section 3 of the SWMP. Section 3 of the SWMP also describes opportunities for the City to address these issues. These opportunities, generally, include:  Cooperation with watershed management organizations (and/or state agencies)  Partnerships with neighboring cities  Coordination of stormwater management improvements with redevelopment  Implementation of low impact development (LID) practices  Coordination of stormwater management improvements with other City programs (e.g., pavement management, park improvements) 1.4 Goals and Policies The City developed a number of goals and policies to proactively manage stormwater and surface water resources within the City. The goals and policies are designed to continue to improve the quality and effectiveness of water resource planning and management in the City. These goals and policies have been developed to complement county, regional, and state goals, policies and management activities while minimizing redundancy. The City established the following goals related to stormwater and surface water management: 1. Manage the risk of flooding to minimize adverse effects to life, property, and infrastructure. 2. Manage surface water resources to promote healthy ecosystems, preserve water quality, and meet applicable water quality standards. 3. Manage stormwater runoff to reduce negative impacts to water resources and infrastructure. 4. Protect, restore, and enhance wetlands and natural areas. 5. Protect the quality and quantity of groundwater. 6. Protect water and natural resources through responsible management of development and redevelopment activities. 4 7. Promote stewardship of water and environmental resources through education, public involvement, and Cooperation. The policies intended to support these goals are included in their entirety in Section 5 of the SWMP. 1.5 Implementation Program The purpose of the SWMP is to provide a framework and reference for protecting, preserving, and managing the City surface water resources and stormwater management system. An effective implementation program is critical to ensure that the direction provided in the SWMP yields results. The following sections summarize key elements of the City’s surface water and stormwater implementation program (described in greater detail in Section 6 of the SWMP), including:  NPDES and TMDL requirements  Stormwater system operation and maintenance  Education and public involvement  Ordinances and official controls  Lake management program  Projects and capital improvements 1.5.1 NPDES and TMDL Requirements Under the U.S. Environmental Protection Agency’s (EPA) Storm Water National Pollutant Discharge Elimination System (NPDES) Rules, the City of Apple Valley is required to maintain a Municipal Separate Storm Sewer System (MS4) permit for managing point source storm water. In Minnesota, this permit is administered by the Minnesota Pollution Control Agency (MPCA) and has a duration of five years. The City last renewed its MS4 permit in 2013. As part of the permit, the City must also prepare and maintain a Storm Water Pollution Prevention Program (SWPPP) addressing all requirements of the permit. The SWPPP outlines the appropriate best management practices (BMPs) for the City to implement for controlling or reducing the pollutants in stormwater runoff to the maximum extent practicable. These BMPs are a combination of education, operation and maintenance, control techniques, system design and engineering methods, and other such provisions appropriate to meet the requirements of the NDPES permit. The SWPPP includes BMPs that address each of the six minimum control measures as outlined in the rules: 1. Public education and outreach 2. Public participation/involvement 3. Illicit discharge detection and elimination 4. Construction site stormwater runoff control 5. Post-construction stormwater management 6. Pollution prevention/good housekeeping 5 As required by the SWPPP, each year the City must hold a public opportunity to provide input on the adequacy of the MS4 program and the City’s SWPPP. The City must also prepare an annual report summarizing the following:  Compliance with permit conditions, including an assessment of the appropriateness of identified management practices and progress towards achieving identified measurable goals for the six minimum control measures.  Changes in identified management practices or measurable goals for any of the control measures. The City’s SWPPP also includes BMPs to address waterbodies included on the MPCA’s impaired waters 303(d) list for which a total maximum daily load (TMDL) study has been completed. Section 303(d) of the Clean Water Act requires states to adopt water quality standards and identify waters that do not meet these standards. In Minnesota, these responsibilities are administered by the MPCA. Waters th at fail to meet state water quality standards are included on the MPCA’s impaired waters 303(d) list. The MPCA prepares TMDL studies to address impaired waters. A TMDL is an assessment of the amount of a pollutant that a waterbody can receive and still meet water quality standards. TMDL studies may result in implementation plans to address water quality issues of the affected waterbodies. The draft 2018 impaired waters list includes four lakes in Apple Valley:  Alimagnet Lake  Farquar Lake  Keller Lake  Long Lake  East Lake (in City of Lakeville, but roughly one-third of our drainage area) TMDL studies have been completed for all of the impaired lakes listed above. Typically, the City will take the lead to complete and implement TMDLs for waters impaired due to excess nutrients where the watersheds are located wholly within the city. For impaired waters located in the city with intercommunity watersheds, the City may request the appropriate watershed management authority lead or co -facilitate the completion and implementation of the TMDL study. For TMDL studies that have regional implications the City will cooperate with lead agencies as appropriate. 1.5.2 Stormwater System Operation and Maintenance The City of Apple Valley is responsible for maintaining its stormwater system. Proper maintenance will ensure that the stormwater system continues to function as designed and provides the intended benefits. The City’s operation and maintenance program is closely tied with the City’s implementation of its NPDES MS4 permit and many of the City’s maintenance activities are included in the City’s SWPPP. The City’s stormwater system includes not only pipes and constructed ponds, but also lakes, wetlands, and other drainage ways. In addition to more typical maintenance m easures, maintenance of the stormwater system may also mean maintaining or restoring the ecological characteristics of the natural portions of the stormwater system. The City regularly inspects and maintains key components of 6 the system, including storm sewer and culvert inlets, overflow drainage swales, stormwater ponding and water quality treatment basins, and riprap-protected banks, and storm sewer and culvert outlets. The City of Apple Valley periodically inspects stormwater storage basins and water quality treatment facilities to identify excessive sediment build-up, collected debris, and undesirable vegetation. The City will use inspection data and available modeling results to prioritize pond maintenance needs. 1.5.3 Education and Public Involvement Education and public involvement serve an important role in enabling the City of Apple Valley to implement its water resource management programs. The City’s education and public involvement program is closely tied to implementation of its NPDES MS4 permit; several of the City’s education measures are included in the City’s SWPPP Generally, the goal of the City’s education program is to promote stewardship of water and natural resources through education, public involvement, and cooperation. To achieve this goal, the City performs various education and communication activities. These activities are tailored to a range of target audiences. The following target audiences for the education program are: City Staff. City staff must have adequate understanding of water resource issues and the City’s SWMP content to effectively carry out the City’s stormwater and surface water management responsibilities. It is essential for the success of the program that City staff set a good example to the community’s residents, businesses, and customers by demonstrating behaviors that promote watershed stewardship. City Residents. People who live and do business within the city are affected by the City’s water resource management programs. Much of the City is privately owned and maintained. It is important to educate and involve residents and business owners to maintain the political and economic support necessary to implement the SWMP. Communicating the City’s roles and responsibilities with respect to these issues is important to manage residents’ expectations, discourage behaviors with negative consequences, and develop community capacity for practices that positively impact water resources. The Development Community. Development and redevelopment activities may have a substantial impact on runoff quality and downstream water bodies during and after construction. Communicating City requirements for land-disturbing activities to developers and their consulting engineers is an important component of the education program. 1.5.4 Ordinances and Official Controls The City of Apple Valley regulates the management of stormwater and protects water resources through the policies included in its SWMP, City ordinances, the City’s project review and permitting program, and other applicable regulatory programs. These are collectively referred to as “official controls.” 7 The City’s SWMP and ordinances include requirements for development and redevelopment activities that address the following:  Stormwater runoff water quality  Stormwater runoff rate and volume control  Erosion and sediment control  Minimum building elevations (relative to adjacent waterbodies)  Wetland impacts and vegetated buffers The City requires various permits and/or approvals for land-disturbing projects (including developments), depending on the type of project. The City reviews each proposed activity for consistency with its official controls prior to issuing permits and/or approvals. Consistent with the intent of its official controls, the City encourages infiltration as a preferred method of water quality treatment and volume control, where feasible, either in on-site features or in regional features. These measures will enhance groundwater recharge, decrease the burden on the storm drainage system, and minimize the pollutant loads reaching high priority downstream waterbodies. The City also encourages the use of low impact design (LID) techniques to minimize negative effects of development and redevelopment on stormwater infrastructure and natural resources. The City of Apple Valley acts as the Local Governmental Unit (LGU) responsible for administering the Wetland Conservation Act (WCA). This includes requiring and verifying that all projects impacting wetlands meet the requirements of the Minnesota WCA and applicable City wetland management guidance. Standards for protection and enhancement of wetland resources included in the SWMP are prioritized according to their wetland classification, which is based on an assessment of functions and values. Because all wetlands provide some functional values, all are protected to some degree under provisions in the SWMP. Regulation of activities that may impact individual wetlands will be based on evaluations of proposed activities, site-specific wetland boundary delineations, and wetland management classifications. 1.5.5 Priority Lake Management The 2018 SWMP identifies six priority lakes. The City identified priority lakes considering intended recreational uses, existing MPCA impairments, applicability of MPCA water quality standards, and coordination with other city and/or WMO classification systems. City of Apple Valley priority waterbodies include  Alimagnet Lake  Cobblestone Lake  Farquar Lake  Keller Lake  Lac Lavon  Long Lake 8 The City adopted water quality goals for each lake consistent with state and WMO standards. The SWMP implementation program includes actions to maintain or improve water quality in priority lakes. The City recognizes lakes as complex systems whose responses to numerous natural and other variables are difficult to predict. Therefore, the City uses an adaptive management approach. The City may modify its planned future actions as necessary based on the results of prior actions, new data, or other factors. 1.5.6 Projects and Capital Improvements The City performs projects and capital improvements to achieve the water resource management goals outlined in its SWMP. These include non-structural projects (e.g., developing a water quality model, performing feasibility studies) as well as structural improvements (e.g., constructing an infiltration basin). These activities are summarized in implementation tables included in the SWMP. The City generally performs projects and/or capital improvement projects to maintain the function of its stormwater system, reduce flood risk, and/or improve water quality. In some cases, a technical assessment (or feasibility study) has already been completed to address a known problem and a preferred option is already identified. Other situations may require conducting a feasibility assessment to evaluate options to address a known problem and select a preferred alternative. Finally, a broader pro-active assessment and prioritization of problem areas (e.g., city-wide modeling) may be called for to determine the extent of the issue and assess solutions. In this case, projects may then be prioritized depending on their degree of risk or severity. With respect to water quality, the City will implement those projects necessary to address TMDLs developed for impaired waters and achieve water quality goals for priority lakes, where most feasible and to the maximum extent practicable. This will include improvements that have already been identified through completed TMDL studies, City lake management plans, or other planning efforts. Additionally, the City will develop lake management plans and implementation programs for remaining priority lakes The City will continue to rely on its 5-year Capital Improvement Planning process to schedule and plan for funding of capital improvements. This CIP is updated annually by City staff and reviewed and approved annually by the City Council. The City carries out its implementation program with the intent to achieve the City’s goals while promoting efficiency and minimizing cost. Therefore, the City will seek opportunities to coordin ate stormwater system repair and/or replacement with its Pavement Management Program, redevelopment opportunities, or other coordinated projects (e.g., park improvements, other utility upgrades). The City may also re-prioritize projects based on the availability of grant funding, cost-share opportunities, or availability of other funding sources that may reduce the City’s financial responsibility. I T E M: 4.G. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving 5 Ft. House-S ide Setback Variance and 10 F t. F ront Yard S etback Variance for 466 S q. F t. Workshop A ddition at 13415 Gunflint Court S taff Contact: K athy Bodmer, A I C P, Planner Department / Division: Community Development Department Applicant: J im and J ulie Christian P roject Number: P C18-05-V Applicant Date: 1/29/2017 60 Days: 3/30/2018 120 Days: 5/29/2018 AC T I O N RE Q UE S T E D: Adopt resolution approving a variance reducing the house-side setback from 10' to 5' (5' variance) for 466 sq. ft. workshop addition and a variance reducing the front yard setback from 30' to 20' (10' variance) for existing home placement at 13415 Gunflint Ct, subject to conditions as recommended by the Planning Commission. S UM M ARY: J im and J ulie Christian, 13415 Gunflint C ourt, wish to construct a 466 sq. ft. workshop addition on the south side of their garage. T he home is located on a corner lot with the front of the home facing the north, which abuts 134th Street W., and the garage facing the east, which abuts Gunflint Court. When the home was constructed in 1983, it was placed at an angle on the lot, 30' from the north line and 20' from the east line, T he home's position on the lot reduces the size of the south yard. T he front lot line per Sect. 155.053 of the C ity C ode is defined as the shortest side of the lot abutting a public street; as a result, the setback from the east lot line or Gunflint Court should be 30'. T he home was placed 20' from G unflint C ourt and 30' from 134th Street. It is not clear from the C ity files why the home was placed on the lot as it was. N o variances or other exceptions were found in the files for the setbacks used. T he requested variance reducing the front setback from 30' to 20' will address the existing condition. With the east property line defined as the front property line, the south side of the lot would be classified as an interior lot line and the west property line would be classified as a rear lot line. T he setback from an interior lot line would be 5' for a garage and 10' for a house. T he variance request would be to reduce the workshop's required side yard setback from the side property line from 10' to 5'. B AC K G RO UND: In order to grant a variance, the C ity considers whether the applicant has established that there are practical difficulties in complying with the provision(s) of this C hapter. T he following findings are noted: 1. T he home was constructed on an angle on the lot -- restricting the use of the lot. A parallel alignment with 134th Street W. would have allowed for a deeper south yard. 2. T he existing garage is a side-loaded garage; an addition onto the south side of the garage would not be visible from the front of the home. 3. T he workshop space will not appear to be garage and will not be used for the storage or maintenance of passenger vehicles. 4. T he site has varied topography and is heavily wooded. T he proposed location would have the least impact on the site. 5. T he impervious surface area with the proposed addition would be 21.9%, well below the 35% maximum. 6. T he front setback variance will address an existing condition, a condition not created by the property owner. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Applicant L etter Map Resolution GUNFLINT CTSITE M C A N D R E W S R D 1 3 1 S T S T W 1 3 4 T H S T W 133RD ST W PENNOCK AVEHAVELOCK TRLHARWELL PATH GUILD AVEGRANADA AVEGOSSAMERWAYGUILDCT 137THSTWPALOMINO DRHANNOVERAVE 135 T H ST W 1 3 2 N D CTC E D A R A V E S B R A M P HANNIBAL CIRGIBRALT A R T E R G U R N E Y P AT H HAVELOCK CT G L E N H A V E N A V EHERALDCIR GURNE Y C T GULLCTHEMLOCK CTHALLMARKCT GLENHAVE NCTHARMONY W A Y HAMBURG CT HAMLETAVE133RDSTR E E T C T MCANDREWSRDRAMPHARWELL CT GOTHAMCT HANNOVER CT GRAFTON CTGREENWICH CT133RDSTWCHRISTIANWORKSHOP VARIANCE µ LOCATION MAP ^ SITE P R-3 R-1 R-1 R-5 R-1 R-3 R-3 R-3 R-3 R-2 R-2 R-3 R-3 R-3 R-3 R-2 R-3 R-3 R-3 R-3 R-1 R-3 M-3A M-3B M C A N D R E W S R D 1 3 4 T H S T W 133RD ST W GUILD AVEHAVELOCKTRLHARWELL PATH PENNOCK AVE138TH ST W 137T H ST W GRANADA AVEGOSSAMER WAYGUILD CT 131STST W C E D A R A V E S B R A M P HANNOVER AVE G U R N E Y P AT H HARMONY WAY1 3 2 N D CT13 5TH STW HANNIBAL CIRGIBRALT A R T E R HAVELOCK CT G L E N H A V E N A VEGURNEY C T GULL CTHEMLOCK CTHALLMARKCT GLENHAVE N CTGUNFLINTPATHGUNFLINTCT133RDSTREET CTHARWELL CT PENNOCKCTGOTHAMCTMCANDREWS R D R A M P HANNOVER CT GOSSAMERCTGREENWICH CTGRANADAWAYGREENLAND AVEGRANADA AVE133RDSTW131STSTW 131ST ST W 131STSTW µ CHRISTIANWORKSHOP VARIANCE ZONING MAP ^ CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION APPROVING CHRISTIAN VARIANCES AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to the City’s said regulations, a “Variance” is an exception granted by the City Council from the literal provisions of the zoning regulations where unique conditions exist which do not apply to the area in general; and WHEREAS, approval of a Variance has been requested by the petitioners, Jim and Julie Christian, property owners, for the following two variances in order to construct a 466 sq. ft. workshop addition on the south side of the garage at 13415 Gunflint Ct: 1. Reduce the house-side interior setback from 10' to 5' (5' Variance) for 466 sq. ft. workshop addition. 2. Reduce the front yard setback from 30' to 20' (10' Variance) for existing home placement. WHEREAS, the Apple Valley Planning Commission reviewed the variance request at a public meeting held on February 7, 2018, and made the following determination: 1. The home was constructed on an angle on the lot - restricting the use of the lot. A parallel alignment with 134th Street W. would have allowed for a deeper south yard. 2. The existing garage is a side-loaded garage; an addition onto the south side of the garage would not be visible from the front of the home. 3. The workshop space will not appear to be garage and will not be used for the storage or maintenance of passenger vehicles. 4. The site has varied topography and is heavily wooded. The proposed location would have the least impact on the site. 5. The impervious surface area with the proposed addition would be 21.9%, well below the 35% maximum. 6. The front setback variance will address an existing condition, a condition not created by the property owner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the two variances listed above to construct a 466 sq. ft. workshop addition on Lot 2, Block 3, THE OAKS OF APPLE VALLEY, is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the variance approval shall lapse. 2. The variance is approved due to the findings as presented by the Planning Commission at their February 7, 2018, meeting. 3. Prior to issuance of the building permit, the owner shall record this Resolution in the office of the Dakota County Recorder and provide to the City verification of the recording. 4. Construction shall occur in conformance with the site plan and detail site plan dated January 15, 2018, on file in City offices, subject to compliance with the requirements of the Building Code noting that the addition will be subject to Energy Code construction requirements. 5. Construction shall occur in conformance with the elevation plan dated January 15, 2018, on file in City offices. 6. 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 conditions: a. The petitioner shall obtain a Natural Resources Management Permit (NRMP) prior to any site disturbing activities including tree removal and/or grading. b. Tree protective fencing will be required for trees located within the construction limits and shall be depicted on the NRMP plans subject to approval by the Natural Resources Coordinator. 7. Construction of the workshop addition shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction shall be limited to 8:00 a.m. to 5:30 p.m. Saturdays. 8. 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. 9. 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. 10. 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 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 8th day of March, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela J. Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the 8th day of March, 2018. ________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.H. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Directing P reparation of Plans and S pecifications for Project 2017-101, Valleywood Reservoir Rehabilitation S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Adopt resolution directing preparation of plans and specifications for Project 2017-101, Valleywood Reservoir Rehabilitation with SEH for $58,400.00. S UM M ARY: On J anuary 26, 2018, Council approved a resolution to terminate the agreement with V & T Painting, LLC because the project was not completed in conformance to the terms of the agreement. T he rehabilitation work on the reservoir is not complete. To complete the rehabilitation work, it is necessary to prepare plans and specifications as well as rebid the remainder of the work. SEH is the C ity's consulting engineer for the project. T heir work on this project includes engineering design services to prepare the plans and specifications, construction management and inspection services, and warranty inspection. Staff has worked closely with the C ity Attorney's office throughout this project and will continue to do so as necessary. B AC K G RO UND: On J uly 17, 2017, V & T Painting began rehabilitation work on the Valleywood Reservoir as scheduled. T his project was projected to be completed within 9 weeks (September 17). When work was not completed prior to October 31, 2017, a stop work order was administered. T here has been an unusual amount of project delays, and the reservoir rehabilitation work is not yet complete. On J anuary 11, 2018, C ouncil approved a $57,533.09 C hange Order to SEH for project management and inspections costs beyond the reservoir rehabilitation 9-week schedule. Per the agreement, V & T Painting is responsible for costs beyond the completion date of September 17. T he C ontractor has payment and performance bonds in place and it is appropriate to authorize the City Attorney to take the necessary steps to enforce the C ontract and take legal action on the bonds for the anticipated damages that the C ity will incur as a result of having to rebid the project. B UD G E T I M PAC T: T he Valleywood Reservoir is included in the 2017 Utility Division Water Fund operating budget and C IP. Since the agreement has been terminated, the C ity Attorney's office and staff will work with the bonding company to recover expenses incurred to complete the project. Estimated Project C osts:2017-101 5320.6735/6235 Engineering Design Services $11,300.00 C onstruction Management $12,600.00 C onstruction Observation and Inspection Services $32,200.00 Warranty Inspection $2,300.00 Total Project Cost $58,400.00 Estimated Project Funding Water Fund Capital Outlay & C onsultant Budgets $58,400.00 Total Estimated Funding $58,400.00 AT TAC HM E NT S : Resolution Proposal CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT 2017-101, VALLEYWOOD RESERVOIR REHABILITATION WHEREAS, the City’s Capital Improvements Program identifies Valleywood Reservoir Rehabilitation; and WHEREAS, the City Council has reviewed the scope of proposed improvements associated with the Valleywood Reservoir Rehabilitation; and WHEREAS, the City Council has terminated the agreement with V & T Painting, LLC; and WHEREAS, the City Council considers it to be in the best interest of the City to begin the process of information gathering and have plans and specifications prepared for said improvements scheduled for construction in the year 2018 and rebid the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. Project No. 2017-101, Valleywood Reservoir Rehabilitation is recommended for rebid. 2. Staff is directed to conduct preliminary field work and engage SEH Inc. to prepare plans and specifications. 3. City Attorney is directed to pursue remedy with V & T Painting’s bonding company, Old Republic Insurance Company, for costs to complete improvements not performed in conformance with agreement. 3. Estimated project costs and proposed funding for the project are authorized as follows: Estimated Project Costs: 2017-101 5320.6735/6235 Engineering Design Services $11,300.00 Construction Management $12,600.00 Construction Observation and Inspection Services $32,200.00 Warranty Inspection $2,300.00 Total Project Cost $58,400.00 Estimated Project Funding Water Fund Capital Outlay & Consultant Budgets $58,400.00 Total Estimated Funding $58,400.00 2 ADOPTED this 8th day of March 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax February 2, 2018 RE: Valleywood Reservoir Rehabilitation City of Apple Valley, Minnesota SEH No. APPLE 145075 14.00 Carol Blommel Johnson Public Works Superintendent – Utilities 7100 147th Street West Apple Valley, MN 55124 Dear Carol: As per the request of the City of Apple Valley, SEH is providing this proposal for full-service design, inspection and contract administration services for completion of reconditioning operations of the interior and exterior of the City’s water storage tank (Valleywood Reservoir) located at 4863 McAndrews Road in the Valleywood Golf Course. Short Elliott Hendrickson Inc. (SEH®) appreciates the opportunity to submit a proposal for providing these services. This proposal includes our scope of services; including project approach, schedule, project personnel, performance, and project fees. PROJECT APPROACH SEH will work directly with City staff to implement the recommendations required to recondition this facility. Based upon completion of rehabilitation work during the 2017 construction season and an inspection/evaluation of the current condition(s) of the facility to be completed by two (2) SEH NACE Certified Coating Inspectors (Level 3) will determine the final scope of work. The interior immersion (wet) surfaces of the tank have been abrasive cleaned to meet an SSPC SP-10 Near White with a zinc primer applied. Pending inspection, this will either be approved for final application of the epoxy-polyamide coating system in accordance with ANSI/NSF standard 61 or will require complete removal of the system applied during 2017 and re-abrasive cleaned and primed prior to epoxy-polyamide coating application. Interior wet surface preparation and coating operations will include the use of dehumidification to allow for controlled environment. Installation of a submersible mixing system will be completed prior to disinfection in accordance with AWWA C652. As similar to the tank interior, an inspection/evaluation of the current exterior condition(s) of the facility will be completed by two (2) SEH NACE Certified Coating Inspectors (Level 3) to determine the final scope of work. The tank exterior surfaces have been abrasive cleaned to meet an SSPC SP-6 Commercial Blast with a zinc primer applied. Pending inspection, this will either be approved for final application of the epoxy polyamide first intermediate coat, polyurethane second intermediate coat, and fluoropolymer finish coat or will require complete removal of the system applied during 2017 and re-abrasive cleaned and primed prior to the remaining coating system application. Logo application with a fluoropolymer to promote color and gloss retention will include new design in two locations. A full-containment structure will need to be constructed in the event re-abrasive blasting is required to avoid fugitive dust emissions and/or paint drift for exterior surface preparation and coating operations. Exterior structural repairs will include reinstallation of City security appurtenances and modifications for access. Prior to coating rehabilitation repairs are inclusive of aviation light replacement, ladder security hatch plate replacement, Valleywood Reservoir Rehabilitation City of Apple Valley, Minnesota February 2, 2018 Page 2 and repair of concrete at the tank foundation. Following coating system installation, manway gaskets and hardware will also be replaced. SEH is well aware of the costs in completing a reconditioning project both through continued completion of reconditioning projects within the region and through our project manager’s past contractor work experience. Today’s coating systems are formulated to last 15 to 20 years with periodic maintenance. The success of the project starts with attention to the initial preparation of the surface and application of the coating system, and is why inspection of the work becomes so important. The project duration to Substantial Completion is scheduled for six (6) to eight (8) weeks depending on required scope of work after inspection. SEH will further incorporate into the specifications project sequencing to an environment that will allow for a monolithic application of the interior immersion coating system to promote long-term system service. Finally, SEH will incorporate provisions into the specification requiring a two-year contractor warranty with an alternative five-year option to protect the City’s investment in rehabilitating this facility. SEH has included in this proposal, per the RFP, services for conducting the warranty inspection. PROJECT TEAM All proposed services will be completed by SEH with our own personnel. Chris Wolfgram will be the Project Manager for this City of Apple Valley project and is a NACE Certified Coating Inspector – Level 3 and an American Welding Society Certified Welding Inspector. With a career in protective coatings beginning in 2004, Chris brings more than 10 years of contractor experience specializing in project management involving protective coatings and rehabilitation projects. Chris’s previous experience working for rehabilitation contractors arms him with a unique knowledge for protective coatings projects. This knowledge assists with contractor scheduling and logistics, foresight of project complications to reduce or eliminate potential change orders prior to the bid phase and contract work, and the level of critical inspection required to successfully complete a project while providing value to the owner in the reduction of overall cost. Chad Katzenberger, PE, will serve as project engineer and has more than 10 years of experience in water distribution planning and specification development for water storage reconditioning. With respect to project inspection, Josh Rettig (or equivalent) will provide the City with NACE Certified inspection working under the direct supervision of the project manager. Josh has training to be working under the direct supervision of a structural engineer or Certified Welding Inspector (CWI), as applicable to the final project scope. SEH also has additional NACE Certified staff who may assist throughout this project. Additional team members include Dan Zienty, principal and senior project design leader with more than 20 years of experience in protective coatings and telecommunications, and coatings expert Joe Cesarek with more than 40 years of protective coatings experience. PROJECT SCHEDULE Upon your authorization, SEH is ready to proceed. The overall project schedule is based on discussions with the City and consideration for work completed to date. As identified above, a formal timing of the project will be confirmed with City staff after completion of inspection of site condition(s). Aside from scheduling issues specific to demands on water distribution are those specific to the ambient conditions needed for proper coating application and cure. Therefore, our schedule will take into consideration timing, sequencing of operations, and product selection, assessing those formulated with success in this region. Valleywood Reservoir Rehabilitation City of Apple Valley, Minnesota February 2, 2018 Page 3 Event Date Inspection/Evaluation February 2018 Submit Draft Plans/Specifications for City Review March 16, 2018 Advertise for Bids Week of March 26, 2018 Pre-Bid Meeting (Mandatory) Week of April 9, 2018 Bid Opening Week of April 23, 2018 Project Award Week of May 7, 2018 Preconstruction Meeting Week of May 21, 2018 Early Project Commencement* June 4, 2018 Late Project Completion (Substantial)* July 30, 2018 *Project schedule dates are flexible to meet the demands of the City for this facility and will be finalized based on inspection for the contract duration. Project completion is scheduled allowing sufficient time to complete the project within the 2018 construction season in the event of unforeseen delays. SCOPE OF WORK I. Design Services The work tasks and deliverables for this section shall include:  Pre-Design  Tank condition inspection/evaluation  Meeting to confirm the City’s intent to follow/alter the recommendations prescribed  Establish overall project requirements and objectives related to contractor procurement and schedule  Specifications and Contract Documents  Prepare contract documents, drawings, and specifications, including both general conditions (where required) and technical sections as related to facility surface preparation and coating application (Specifying systems in accordance with AWWA D102), and structural modifications. This will supplement City standard construction documents  Meet (1) with City staff to review plans and specifications (Maximum 2 iterations)  Submit final contract documents to the City for review and approval (Maximum 3 copies plus electronic copies)  Provide permit application and specification to the Minnesota Department of Health (2) *Permitting fee(s) reimbursed by the City of Apple Valley  Bidding Administration  Prepare advertisement for bid and submit to required publications  Conduct a mandatory pre-bid meeting  Provide response to bidder questions  Issue addenda, as applicable  Attend bid opening and prepare a tabulation of the bids  Review bids and prepare letter of award recommendation to the City Council  Prepare Notice of Award and Contract Agreement and forward to contractor Valleywood Reservoir Rehabilitation City of Apple Valley, Minnesota February 2, 2018 Page 4 II. Construction Services  Construction Observation/Inspections Inspection and record keeping for surface preparation and coatings will be provided by a NACE Certified Coatings Inspector. Inspection and record keeping for welding work will be conducted by a Certified Welding inspector (CWI) and/or an inspector trained to be working under the direct supervision of a structural engineer or CWI. Daily records of construction activities of both the prime contractor and their subcontractors will be kept. In accordance with the RFP, SEH proposes to provide full time inspection for this project as outlined below, based on a forty (40) hour*, five (5) day** work week and project duration (limited to reconditioning operations). *Inspections in excess of forty (40) hours that are within the specified working times will be billed at $95.00 per hour including expenses and equipment. **In circumstances where the Contractor requires additional inspection hours outside of specified working times, SEH specifications place the responsibility of additional inspection fees on the Contractor to reduce costs incurred by the City.  During the project, SEH will perform the following tasks:  Inspect structural repairs and modifications for conformance to the specifications  Monitor field operations and testing in accordance with the specifications, manufacturer recommendations, and government regulations (IE – environmental) as related to: o Surface preparation materials and equipment o Surface preparation operations inclusive of paint removal and approval of samples o Coating application materials and equipment o Coating operations inclusive of mixing and application  Prepare and file copies of reports on the construction activities  Work directly with residents and property owners, responding to construction related issues  Participate in a weekly on-site meeting with City staff during active work periods and prepare a written update including applicable updating progress for public notification(s)  Prepare punch list at substantial completion  Assist the City with coordination of facility disinfection and testing (contractor initiated)  Prepare final inspection letter to the contractor  Construction Administration  Coordinate and facilitate a pre-construction meeting and subsequent meeting minutes  Perform periodic on-site reviews of project work and provide status reports to the City  Coordinate and facilitate on-site progress meetings  Prepare monthly pay request forms for City approval  Prepare change orders, as required  Prepare letter of final review and acceptance in coordination with the on-site inspector  Review submittals and other pertinent documentation associated with the plans/specifications o Shop drawing review o Welder qualifications/certifications/procedures o Coating materials Valleywood Reservoir Rehabilitation City of Apple Valley, Minnesota February 2, 2018 Page 5 o Containment plan (if required) o TCLP sampling plan (if required) o Spent material collection and disposal (if required) o City lettering, logo, and color IV. Final Inspection  Final Review  Conduct a final project review verifying completion of punch list items with contractor  Prepare Engineer’s recommendation of project final completion  Provide City with As-Built record drawings of the project (electronic format) V. Warranty Inspection The deliverables and work tasks for a two-year (or five year if selected) warranty inspection in accordance with this section of the proposed specification shall include:  Contacting the City approximately six months prior to the expiration date to verify our proceeding with contracted operations  Coordinating with the City and SEH subcontractor (the “ROV” method is proposed for interior investigation) the schedule for the inspection  SEH notifying the contractor of the inspection date Upon completion, a letter sent to the City and the contractor informing each party of the inspection results, recommended repairs, and a request for scheduling with the City any follow up work. SEH will rely on the City for access and operation of their facility as needed for completing the above operations. Our fee does not include any necessary inspection of warranty repairs resulting from the above Warranty assessment. The City will be billed for the Warranty inspection following submission of the SEH result letter. PROPOSED COST OF ENGINEERING SERVICES SEH proposes to complete the tasks identified under Design Services and Construction Services for a fee of $58,400 based on an eight (8) week contract duration. Additional services may be provided as authorized by the City of Apple Valley. Task Amount Engineering Design Services $11,300 Construction Management* $12,600 Construction Observation/Inspection Services* $32,200 Warranty Inspection $2,300 TOTAL COST $58,400 * Deduct $650 for Construction Management and $8,000 for Construction Observation/Inspection Services for a six (6) week contract duration. Valleywood Reservoir Rehabilitation City of Apple Valley, Minnesota February 2, 2018 Page 6 SEH reserves the right to submit for additional fees for services requested by the City. Further, additional change orders, as granted to the contractor, may require additional costs for administration and inspection by SEH. SUMMARY This Letter Agreement and our Professional Services Agreement shall serve as the basis of work for the project described herein. If you are in agreement with the terms, please sign two copies of this Letter Agreement with proper signatures. Keep one copy for your files and return one copy to our office. If you have any questions regarding this proposal or the information contained herein, please contact Chris Wolfgram directly at 651.318.0360. We appreciate your consideration and look forward to continuing our working relationship with the City of Apple Valley. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Chris Wolfgram Dave Hutton, PE Project Manager – Protective Coatings Client Service Manager dmk document1 Accepted by: City of Apple Valley By: ____________________________________________ ____________________________________________ Printed Name Title: ____________________________________________ I T E M: 4.I . C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A uthorizing Publishing Notice of I ntent to Award Energy Savings P erformance Contract to Ameresco S taff Contact: Charles Grawe, A ssistant City A dministrator Department / Division: Administration / I nformation Technologies AC T I O N RE Q UE S T E D: Adopt resolution authorizing publishing notice of intent to award Energy Savings Performance C ontract to Ameresco. S UM M ARY: State statute requires the C ity to publish a notice of intent to award an energy savings performance contract prior to taking action on the contract. T his resolution authorizes publication of the notice so that the item can be included on the next meeting agenda. B AC K G RO UND: Staff has been exploring ways in which to address deficiencies in the City's buildings and have been investigating options with an innovative concept known as an Energy Savings Performance C ontract (ESP C ’s). Staff has been working with Ameresco to present a number of project options over the past few months. A s outlined in a memo to the C ity C ouncil dated February 7, 2018, the scope of the Ameresco project has been reduced as requested by the C ity Council. As such, staff recommends that the project move forward for C ouncil consideration. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Notice CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION AUTHORIZING PUBLISHING NOTICE OF INTENT TO AWARD ENERGY SAVINGS PERFORMANCE CONTRACT TO AMERESCO WHEREAS, the Apple Valley City Council has reviewed a proposal to conduct municipal building improvements under an energy savings performance contract; and WHEREAS, the State statutes require the City to publish a notice of intent to award an energy savings performance contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The Clerk is authorized and directed to cause publication of said notice to be posted on the City’s website and published in Apple Valley Thisweek, the official newspaper of the City, not less than ten (10) days prior to March 22, 2018. ADOPTED this 8th day of March, 2018. _____________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk Exhibit A PUBLIC NOTICE City of Apple Valley 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 Thursday, March 22nd, 2018, at 7:00 p.m., or as soon thereafter as possible. At that time, the City Council is scheduled to award, under Minnesota State Statute 471.345, an energy savings performance contract for energy efficiency improvements to Ameresco. I T E M: 4.J . C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving P lans and Specifications for P roject 2018-104, 2018 Utility I mprovements, and A uthorizing A dvertising for Receipt of B ids at 10:00 a.m. on A pril 10, 2018 S taff Contact: B randon A nderson, City Engineer Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: Adopt the resolution approving plans and specifications for Project 2018-104, 2018 Utility Improvements, and authorizing advertising for receipt of bids at 10:00 a.m. on April 10, 2018. S UM M ARY: T he C ity of Apple Valley 2016-2018 Capital Improvement Program identifies potential utility improvement work in the following neighborhoods as well as repair of deficient infrastructure: Diamond Path 12” Trunk Water Main Replacement Delaney Park Storm Sewer Replacement Briar Oaks/Scout Lake Inlet Maintenance (Sediment Removal) Dunbar Way Storm Sewer Improvements Hidden Ponds Storm Sewer Repair Florida Lane Storm Sewer Repair Dominica Way Sanitary Sewer Repair Apple Valley High School Storm Sewer Relocation Cobblestone Lake Trail Storm Repair Diamond Path Park Storm Repair Longridge/Harwell Neighborhood Water Main C orrosion Mitigation Havelock/Harwell/160th Street 8” Water Main Loop Gate Valve Repairs (various locations) A map of the proposed project area is attached (Figure:1). T his project is tentatively scheduled for construction in 2018. B AC K G RO UND: T he C ity C ouncil adopted Resolution Number 2017-150 on October 12, 2017, directing the preparation of plans and specifications for Project 2018-104, 2018 Utility Improvements. B UD G E T I M PAC T: Project costs and funding included in the preliminary 2016-2018 operating budget are summarized as follows: Estimated Project C osts: C onstruction Cost $ 1,585,000 Engineering, C onstruction Admin. & C ontingency 420,000 Total Estimated C ost $ 2,005,000 Estimated Project Funding: Water Utility $1,150,000 Storm Sewer Utility 645,000 Sanitary Sewer Utility 210,000 Total Estimated Funding $ 2,005,000 AT TAC HM E NT S : Map Resolution Exhibit 2.. 160th Street 150th Street 140th Street McAndrews Road Pilot Knob RoadFlagstaff AvenueCedar AvenueGarden View Drive2018 Utility Improvements Figure 1 City of Apple Valley 2018 Capital Improvement Program Areas FEETSCALE 0 30001500 HORZ. N DELANEY PARK STORM SEWER REPLACEMENT FLORIDA LANE STORM SEWER REPAIR DIAMOND PATH WATER MAIN REPLACEMENT DOMINICA WAY SANITARY SEWER REPAIR BRIAR OAKS/SCOUT LAKE INLET MAINTENANCE (SEDIMENT REMOVAL) HIDDEN PONDS STORM SEWER REPAIR APPLE VALLEY HIGH SCHOOL STORM SEWER RELOCATION DIAMOND PATH PARK STORM SEWER REPAIR HAVELOCK/HARWELL/160TH STREET WATER MAIN LOOP LONGRIDGE/HARWELL WATER MAIN CORROSION MITIGATION COBBLESTONE LAKE TRAIL STORM SEWER REPAIR DUNBAR WAY STORM SEWER IMPROVEMENTS CORROSION MITIGATION CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2018-104, 2018 UTILITY IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2018-104, 2018 Utility Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2018-104, 2018 Utility Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2018-104, 2018 Utility Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 8th day of March, 2018 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY | 2018-104 00 11 13 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:00 a.m., CST, Tuesday, April 10, 2018, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2018-104, 2018 UTILITY IMPROVEMENTS 0.8 AC Clearing & Grubbing 1387 TN Bituminous Paving 793 LF 8” DIP Watermain 1976 LF 12” HDPE Watermain (Directional Drilled) 913 LF 12”-58” RC Storm Sewer 130 LF 24” Steel Casing Pipe (Jacked) 87 LF Sanitary and Storm Manholes 2.5 AC Seeding 5040 SY Sod With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2590 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. A full and complete copy of all solicitations of bids is disseminated on the City’s website at www.cityofapplevalley.org. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota EXHIBIT A I T E M: 4.K. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A pprove Five-Year Agreement with A T his L ittle Piggy Catering, I nc., d/b/a A'Britin Catering & Hospitality for E xclusive Food and Beverage Service at Valleywood Golf Course S taff Contact: B arry B ernstein, Director of P arks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve a five-year agreement with A T his Little Piggy C atering, Inc., d/b/a A’Britin Catering & Hospitality to be the exclusive food and beverage service partner of Valleywood Golf C ourse, subject to minor revisions as approved by the C ity Administrator and City Attorney. S UM M ARY: Staff is seeking authorization to enter into a five-year partnership agreement with A T his Little Piggy C atering, Inc., d/b/a A’Britin C atering & Hospitality to be the exclusive food and beverage service partner of Valleywood Golf Course. While the term is stated as five years, the agreement does provide that the City may terminate this lease at any time prior to the expiration date for any reason upon sixty (60) days notice to tenant. T his agreement would supersede the previously approved two-year exclusive event caterer agreement. T his new agreement was prepared by the C ity Attorney's office. Seth Brittain, the owner of A T his Little Piggy C atering, Inc., d/b/a A’Britin C atering & Hospitality, has been invited to attend the March 8, 2018 informal C ity C ouncil meeting. Should any revisions to the agreement be necessary following that discussion, they will be incorporated into the document. B AC K G RO UND: T he five-year agreement includes daily food and beverage service, cart service, alcoholic and non-alcoholic beverages, as well as special event food and beverage service. Staff is excited by the prospect of working with an outside catering company to better serve our customers, to improve the financial performance of the facility and to help raise the visibility of Valleywood as a wonderful place to hold special events. B UD G E T I M PAC T: Revenue percentages as outlined in the agreement. AT TAC HM E NT S : Agreement LEASE THIS LEASE (“Agreement”) made and entered into this __________ day of _______________, 2018, by and between the City of Apple Valley, a Minnesota municipal corporation, (“City”) and A This Little Piggy Catering, Inc., a Minnesota corporation, d/b/a A’Britin Catering and Hospitality (“Vendor”). Section 1 – Scope of Agreement 1.1 Overview. The City owns and operates Valleywood Golf Course (“VGC”). VGC is a golf course configured with 18-holes of golf, one (1) driving range, two (2) putting greens, outbuildings, and a two-level Clubhouse. The upper level of the Clubhouse has a Pro Shop, a Special Event Room, a full-service commercial kitchen, a Clubroom with a full-service bar, restrooms, and circulation space. The lower level of the Clubhouse has golf cart storage, miscellaneous storage space, a wine cellar, a walk-in freezer, a dry room, and mechanical space. The City desires to lease the full-service commercial kitchen, along with other space as defined herein to Tenant for the purpose of providing food and beverage services at VGC for club patrons and private special events. 1.2 Definitions. 1.2.1 “Additional Rent” means all such other sums of money as shall become due and payable by Tenant to the City under this Agreement. 1.2.2 “Authorized Use” means preparing and providing food and beverage services at VGC. 1.2.3 [Intentionally deleted.] 1.2.4 “Cart Service” means food and beverage service provided to patrons on the VGC golf course grounds. 1.2.5 “Clubhouse” means the two-level building located at VGC. 1.2.6 “Clubroom” means the full-service bar and dining space located on the upper level of the Clubhouse and identified as “Clubroom” in Exhibit A. 1.2.7 “Clubroom Service” means the daily food and beverage service provided to the VGC patrons in the Clubroom. 1.2.8 “Commencement Date” means _________________. 1.2.9 “Common Areas” means the areas or space of VGC, which has not been designated for exclusive use by the City or Tenant, and is commonly used by the City, the Tenant, and more than one person, occupant, attendees, customers, such as the hallways, restrooms, parking lot, corridors, lobby, and depicted as “Common Areas” in Exhibits B and C. 2 1.2.10 “Default” means the occurrence of any one or more of the following events identified in Section 14 of this Agreement. 1.2.11 “Expiration Date” means 11:59 p.m. on _______________________. 1.2.12 “Gross Sales” means the gross selling price of all food and beverages sold by Tenant at VGC or food and beverages prepared off site and brought into VGC for service by Tenant, whether for cash or on credit. Gross sales excludes cash refunds made to customers in the ordinary course of business, gratuity, and sales taxes now or hereafter imposed upon the sale of food and beverages or services, event production/service fee. 1.2.13 “Kitchen Equipment” means all commercial stoves, ovens, grill, deep-fryer, walk- in cooler, freezer, mixers, sinks, refrigerators, tables, dry and cooler storage and other food preparation equipment located in the full-service commercial kitchen at VGC. 1.2.14 “Kitchen Supplies” means all of the items identified in Exhibit D. 1.2.15 “Leased Term” means a five-year term beginning on the Commencement Date and ending on the Expiration Date. 1.2.16 “Leased Premises” means the full-service commercial kitchen located on the upper level of the Clubhouse and the storage area with a walk-in cooler and walk-in freezer located on the lower level of the Clubhouse, depicted as “Leased Premises” in Exhibits E and F. 1.2.17 “Monthly Base Rent” means zero and no/100 Dollars ($0.00). 1.2.18 “Other Agreements” means any other leases or agreements that Tenant enters into with the City in connection with Tenant’s business operations at VGC. 1.2.19 “Percentage Rent” means an amount equal to the percent of the food and beverage gross sales generated during the calendar month as follows:  12% of Tenant’s total Gross Sales of food from Special Events;  12% of Tenant’s total Gross Sales of alcoholic beverages from Special Events;  3% of Tenant’s total Gross Sales of food from the Clubroom Service;  10% of Tenant’s total Gross Sales of alcoholic beverages from the Clubroom Service;  3% of Tenant’s total Gross Sales of food from the Cart Service; and  10% of Tenant’s total Gross Sales of alcoholic beverages from the Cart Service 3 For example, if during the calendar month of December, Tenant made the following Gross Sales of food and beverages: Category of Gross Sales Gross Sales x Percentage Special Event Food: $10,000.00 x 12% = $1,200.00 Special Event Alcoholic Beverages: $10,000.00 x 12% = $1,200.00 Clubroom Service Food: $5,000.00 x 3% = $150.00 Clubroom Service Alcoholic Beverages: $5,000.00 x 10% = $500.00 Cart Service Food: $2,000.00 x 3% = $60.00 Cart Service Alcoholic Beverages: $2,000.00 x 10% = $200.00 then the Percentage Rent due would be equal to $3,310.00. 1.2.20 “Pro Shop” means the VGC merchandise and supply store located on the upper level of the Clubhouse and identified as “Pro Shop” in Exhibit G. 1.2.21 “Special Event” or “Special Events” means any event or occasion hosted by a private party or entity held in the Special Event Room. 1.2.22 “Special Event Room” means the banquet room located on the upper level of the Clubhouse and depicted as “Special Event Room” in Exhibit H. 1.2.23 “Security Deposit” means the sum of Ten Thousand and 00/100 Dollars ($10,000.00). 1.2.24 “VGC” means the Valleywood Golf Course located at 4851 McAndrews Road, Apple Valley, MN 55124. 1.3 Full-Service Food and Beverage Services. As part of Tenant’s lease agreement hereunder, Tenant shall provide all food and beverage (alcoholic and non -alcoholic) services at VGC during the term of this Agreement as described herein. 1.3.1 Food Services. The City and Tenant agree that Tenant’s right to provide food services at VGC throughout the duration of this Agreement is contingent upon Tenant complying with the terms of this Agreement. 1.3.2 Beverage Services. The City and Tenant agree that the Tenant’s right to be the provider of beverages served throughout the duration of this Agreement is contingent upon Tenant complying with the terms of this Agreement. 1.3.3 Exclusive Provider. With the exception of the City’s right to provide snacks and non-alcoholic beverages in the Pro Shop for VGC customer purchase from time to time, Tenant and City agrees that Tenant is the exclusive provider of food and beverages at VGC. 4 Section 2 – Leased Premises; Leased Term; Option to Renew; Authorized Use 2.1 Grant of Lease and Leased Premises. City hereby leases to Tenant the Leased Premises. The Leased Premises shall be for Tenant’s exclusive use and control subject to its obligation to provide food and beverages services at VGC. Tenant agrees to take and shall take the Leased Premises in its “as is” condition. 2.2 Common Areas. Tenant and its representatives, employees, agents, guests, and invitees shall have the non-exclusive right to use the Common Areas. 2.3 Leased Term. The term of this Lease shall be for a period of five (5) years, commencing at the Commencement Date and ending on the Expiration Date. Notwithstanding the foregoing, the City may terminate this Lease at any time prior to the Expiration Date for any reason upon sixty (60) days notice to Tenant. 2.4 Option to Renew. Provided that Tenant is not in default, Tenant shall have the option to elect to renew the Agreement for an additional 5-year term on terms and conditions mutually acceptable to the parties at time of renewal. Tenant may elect to renew by notifying the City 180 days before the Expiration Date, this Agreement is in full force and effect and Tenant is not in Default. If the Agreement is not renewed, Tenant will remain responsible for providing services for all Special Events for which Tenant has entered into a contract with the Special Event customer at or before at the time of expiration of this Agreement. 2.5 Authorized Use. The Leased Premises are to be occupied by Tenant solely for the Authorized Use. Tenant shall not use, or permit the Leased Premises to be used, for any other purpose whatsoever, without prior written consent of the City. The consent may be withheld by City at City’s sole discretion. 2.6 Continuing Obligation. It is understood and agreed to by the parties that if this Lease is terminated or expires, Tenant shall continue to provide food and beverage services for those Special Events that were previously reserved as of the date of termination or expiration in compliance and accordance with the terms of this Lease. Tenant shall continue to pay to the City the Percentage Rent and provide all required invoices and accounting records for these Special Events according to the terms of this Lease. Tenant shall not provide food and beverage services for any Special Events reserved after the date of termination or expiration. This Section 2.6 shall survive termination or expiration of this Agreement. Section 3 – Rent; Security Deposit 3.1 Monthly Payment. From the Commencement Date through the Expiration Date, Tenant shall pay to the City, the Monthly Base Rent or the Percentage Rent, whichever amount is greater, plus the Additional Rent for the Leased Premises, in advance, without notice or demand, deduction or setoff, except as specifically set forth herein, beginning on the Commencement 5 Date and continuing on or before the 15th day of each and every calendar month thereafter during the Lease Term through the Expiration Date. Partial calendar months will be prorated. Tenant shall maintain complete and accurate financial books and records of its operations at VGC in accordance with generally accepted accounting principles. The City or its representatives shall be entitled to inspect the books and records of Tenant’s operations at the VGC, during regular business hours at least once per month. In the event that such audit by the City or its representatives determines that the City has been underpaid or overpaid rent, the amount of any such underpayment shall be remitted to the City within ten (10) d ays of written notice to Tenant, and any such overpayment may be subtracted from future payments by Tenant. 3.2 [Intentionally deleted.] 3.3 Security Deposit. Tenant shall deposit the Security Deposit with the City at the time of execution of this Agreement. The Security Deposit shall be held by the City as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Agreement to be kept and performed by Tenant and not as an advance rental deposit or as a measure of the City’s damage in case of Tenant’s Default. If Tenant defaults with respect to any provisions of this Agreement, the City may use any part of the Security Deposit for the payment of any Monthly Base Rent or any other sum in default, or for the payment of any amount which the City may spend or become obligated to spend by reason of Tenant’s default, or to compensate the City for any other loss or damage which the City may suffer by reason of Tenant’s Default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with the City an amount sufficient to restore the Security Deposit to its original amount, and Tenant’s failure to do so shall be a material breach of this Agreement. Except to such extent, if any, as shall be required by law, the City shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Agreement to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant upon the expiration or termination of this Agreement. 3.4 Late Payment. If Tenant fails to pay City pursuant to Section 3.1 of this Agreement, Tenant recognizes and agrees a late payment will result in administrative expense to the City, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if Tenant fails to pay City pursuant to Section 3.1 under this Agreement, Tenant shall pay to City a late charge in an amount equal to Two Hundred Fifty Dollars ($250.00) per month for every late payment. Tenant shall, without notice or demand, submit the late charge with every late payment. In addition, Tenant may be assessed a customary service fee for any check which is returned as NSF non-sufficient funds. The provisions of this Section do not relieve Tenant of the obligation to pay the Monthly Base Rent or Percentage Rent, whichever amount is greater, or other payments on or before the date on which they are due, nor do the terms of this Section in any way affect the City’s remedies pursuant to this Agreement in the event Rent or other payment is unpaid after due date. 6 Section 4 – Duties and Responsibilities of Tenant 4.1 Licensures. 4.1.1 Food Services. The Tenant represents that it has and will continue to maintain a Health Department License and a Certified Food Manager’s License through the State of Minnesota and any other required licensures throughout the duration of this Agreement. 4.1.2 Beverage Services. Tenant represents and agrees that it will obtain and maintain an on-sale intoxicating liquor license from the City of Apple Valley throughout the duration of this Agreement. The licensed area shall consist of the VGC. The Tenant shall comply with all laws federal, state and local laws relative to the sale and distribution of alcoholic beverages. Tenant agrees that nothing contained herein shall absolve it from responsibility for full compliance with all laws relative to the sale and distribution of alcoholic beverages. Failure to maintain a liquor license will be considered a material default of this Agreement. 4.1.3 Proof of License. Tenant agrees to provide the City with a copy of the appropriate licensures annually no later than January 1 of each year, and at any other time upon the City’s request throughout the term of this Agreement. Tenant agrees to meet all local/state/federal health regulations, codes, rules and laws concerning food and beverage services. 4.2 Staffing. 4.2.1 The Tenant agrees to be and is solely responsible for the recruitment, training, employment, performance, and compensation of its employees. Tenant accepts full and exclusive liability for all applicable federal and state withholding taxes, unemployment, workers’ compensation, contributions of insurance, and all employee benefits of its employees. Tenant acknowledges and agrees that Tenant’s employees are not the City’s employees. 4.2.2 Tenant’s employees will maintain a consistently high level of service and appearance to meet the demands of customers of VGC and the Leased Premises. This includes, but is not limited to: pre-event contact; daily contact; and post-event follow-up. This also includes timely follow-up to all customer questions and requests. 4.2.3 Tenant agrees to become familiar with VGC’s and the Clubhouse’s policies and procedures. Tenant is responsible for training its staff regarding VGC and Clubhouse policies and procedures and expectations. Tenant agrees to comply with VGC and Clubhouse policies and procedures. 4.3 Care of Leased Premises. 4.3.1 Condition of Leased Premises. Tenant agrees that Tenant will: 7 4.3.1.1 Keep the Leased Premises in as good condition and repair as it was at the time of the Commencement Date, reasonable wear and tear acceptable. 4.3.1.2 Keep the Leased Premises in a safe, clean and sanitary condition and in compliance with all applicable laws, ordinance, rules and regulations of governmental authority, or of any company or companies insuring against losses resulting from damage or destruction to the Leased Premises and Clubhouse or from personal injuries, deaths or property damage occurring, in, on or about the Leased Premises and Clubhouse. 4.3.1.3 Not to commit any nuisance or waste on the Leased Premises. 4.3.1.4 Maintain a controlled access to the Leased Premises. 4.3.1.5 Keep the Leased Premise free of any and all pests and rodents and take any and all necessary actions, at Tenant’s cost, to keep the Leased Premises free of any and all pests and rodents. 4.3.2 City’s Option. If Tenant shall fail to keep and preserve the Leased Premises in the state of condition required by the provisions of this Agreement, the City may at its option put or cause the same to be put into the condition and state of repair agreed upon, and in such case the Tenant, on demand, shall pay the cost thereof, as Additional Rent. 4.4 Equipment and Supplies. 4.4.1 Kitchen Equipment. The Kitchen Equipment is the City’s property. Tenant may use the Kitchen Equipment throughout the duration of this Agreement, contingent upon Tenant complying with the terms of this Agreement. Tenant will ensure that Tenant and Tenant’s staff, agent, or representatives understand how to use the Kitchen Equipment. Tenant is exclusively responsible to ensure that Tenant and its employees observe proper safety procedures while using the Kitchen Equipment. Tenant shall be responsible for any damage, injury, or loss, including personal and property damage, resulting from improper use or cleaning of the Kitchen Equipment. City will replace Kitchen Equipment, which is no longer functional due to ordinary wear and tear, with Kitchen Equipment of available and comparable quality, material, and functionality. Tenant may upgrade any Kitchen Equipment at Tenant’s sole cost. All Kitchen Equipment, whether now existing or later replaced, either by the City or the Tenant, shall remain the City’s property. Upon the expiration or termination of this Agreement, Tenant shall return all Kitchen Equipment to the City. 4.4.2 Kitchen Supplies. Tenant may use the Kitchen Supplies. Tenant is responsible for and shall promptly replace any and all Kitchen Supplies that are lost or damaged with Kitchen Supplies of comparable quality, material, and 8 functionality. Upon the expiration or termination of this Agreement, Tenant shall return all Kitchen Supplies to the City. 4.4.3 Other Equipment and Supplies. Tenant is solely responsible for any and all other equipment or supplies it needs in order for Tenant to operate its business and provide the food and beverage services contemplated herein. The Tenant shall be responsible for maintenance, repair and replacement of all other specialty equipment fixtures and furniture used or supplied by the Tenant in the operation of its business on the Leased Premises 4.5 Representations to Customers. Tenant will adequately, honestly and specifically represent services, fees and other catering service information to any VGC customers (current or potential), including Clubhouse patrons and Special Events hosts and attendees. 4.6 Minimum Services and Amenities. Tenant is responsible for the following minimum services and amenities: 4.6.1 Clubroom Service. Tenant shall provide all daily food and beverage (alcoholic and non- alcoholic) service for the Clubroom. Tenant shall provide sufficient staff to serve, operate, and manage its daily food and beverage service. 4.6.2 Special Events. Tenant agrees to be available to serve and cater all Special Events held in the Special Event Room at VGC, as set forth in Section 5. 4.6.3 Cart Service. Tenant shall provide all food and beverage (alcoholic and non- alcoholic) service on the VGC golf course. Tenant shall provide sufficient staff to serve, operate, and manage its daily food and beverage cart service. 4.6.3.1 Beverage Cart Rentals. Tenant may use VGC’s beverage carts. 4.6.3.2 Beverage Cart Fuel. Tenant shall be responsible for the cost of fuel used to operate the beverage carts. The City will send Tenant a monthly statement based on usage. 4.7 Minimum Hours of Operation for Clubroom Service and Cart Service. During the golf season, Tenant shall operate and provide Clubroom food and beverage service and Cart Service to VGC patrons seven days a week. During the peak golf season (Memorial Day through Labor Day), hours shall be 8:00 a.m. to 10:00 p.m. During the golf shoulder seasons (before Memorial Day and after Labor Day), hours shall be 9:00 a.m. to 7:00 p.m. The golf course manager or designated City representative, in coordination with Tenant, may adjust service hours depending on weather, outing numbers (golfing events), and customer needs. 4.8 Discounts. Tenant shall not provide food, beverages or merchandise to City employees at a discount or without charge, unless the discount is otherwise offered to the general public. 9 Section 5 – Special Events 5.1 City’s Responsibility. 5.1.1 Coordination. City will be responsible for the reservation/booking of the Special Event Room for Special Events and shall communicate event dates to Tenant immediately upon the reservation confirmation. The City will coordinate table and chair set up with Tenant. 5.1.2 Set Up. For each Special Event, City is responsible for the following room set-up: 5.1.2.1 Tables and Chairs. Setting up and tearing down the City’s tables and chairs as coordinated with the Special Events customer. 5.1.2.2 Audio/Visual. If requested by the Special Event customer, the City will be responsible for setting up and taking down the audio/visual equipment. 5.1.2.3 Ceiling Draping. If requested by the Special Event customer, the City will be responsible for setting up and taking down the ceiling draping. 5.2 Tenant’s Responsibility. 5.2.1 Food and Beverage Service. Tenant shall provide all food and beverage (alcoholic and non-alcoholic) service for the Special Event. 5.2.2 Communication. Tenant will promptly contact and communicate with each Special Event customer to understand Special Event details as relevant to its services, including, but not limited to: musicians; florists; decorating services; wedding cake set- up; security; and valet parking. 5.2.3 Set Up. Tenant is responsible for all other Special Event set-up, which includes but is not limited to: providing and placing all tablecloths, linens, napkins, table skirting, place settings, utensils, flatware, glassware, centerpieces, place cards, equipment, and any other items identified in the contract between the Tenant and the customer. If the customer requires specialty tables and/or chairs (which do not belong to the City), Tenant shall be responsible for setting up and tearing down the special tables and/or chairs. At the conclusion of the Special Event, Tenant shall promptly remove all tablecloths, linens, napkins, table skirting, place settings, utensils, flatware, glassware, centerpieces, place cards, equipment, specialty tables and/or chairs, if any, and any other items identified in the contract between the Tenant and the customer along with any and all additional items placed in the Special Event Room by Tenant or a third party. 5.2.4 Staff. Tenant shall provide sufficient staff, including bartender(s), to serve, operate, and manage the Special Events. 10 5.3 Cooperation. Tenant shall work cooperatively with all security, City, and VGC staff prior to, during and following each Special Event. 5.4 Special Event Set-Up. Tenant must notify the City, at least 72 hours prior to any scheduled Special Event, of the specific tables and chairs set-up requirements for the Special Event. 5.5 Special Event Room. Tenant agrees to work within the constraints of the VGC and Special Event Room. If Tenant chooses to bring its own equipment into the Special Event Room, the Tenant will retain ownership of the equipment, but shall be solely responsible for all its property, including lost, damaged, or stolen items. All of Tenant’s equipment must be removed from the Special Event Room at the conclusion of a Special Event. The City is not responsible for any items left in the Special Event Room. 5.6 City Sponsored Events. Tenant agrees to cater food and beverage service for no more than eight (8) City-sponsored events, at actual food and beverage cost, for City related functions. The City will not receive its percentage of the sales for these City sponsored events. Section 6 – Accounting for Events at VGC 6.1 Accounting Procedures. Tenant will document the details and charges for its services for each Special Event held in the Special Event Room. Tenant agrees to implement the following accounting procedures: 6.1.1 The collection of deposits and fees for all catering charges are the sole responsibility of the Tenant. Non-payment by customers to Tenant for services will not negate payment to City. 6.1.2 Tenant agrees to pay to City the City’s percentage of sales (as set forth in Section 1.2.19) for all services based on the final billing for each Special Event. A copy of Tenant’s invoice(s) to a customer for each Special Event must accompany Tenant’s commission payment to the City. 6.1.3 If Tenant reduces or waives fees to any customer due to Tenant error, customer complaint or other service issue, the Percentage Rent paid to the City will be calculated on the original amount due. 6.1.4 Tenant shall pay the City the percentage of sales on a monthly basis as set forth in this Agreement. All necessary paperwork and payment for Special Events will be due to the City on or before the 15th of the month following the Special Event. Late payments will be charged a late charge fee, as set forth in this Agreement. 6.1.5 The City reserves the right to inspect Tenant’s financial records for each Special Event. Tenant must provide all requested documentation within seven business days of the City’s request. 11 6.2 Taxes. Tenant shall pay all federal, state and local taxes which may be assess against Tenant’s sales at each Special Event, as well as all federal, state and local taxes assessed in connection with the operation of Tenant’s business upon City property. Section 7 – Interest of Tenant Customers that are referred to Tenant by the City are for the exclusive referral for the VGC venue and as such may not be recruited or referred by Tenant to non-City owned venues. Section 8 – Taxes [Intentionally deleted.] Section 9 – Use of Common Areas Tenant, and its licensees, agents, concessionaires, employees and customers shall have the non- exclusive right to use the Common Areas in common with the City. The City, in its sole discretion, shall have the right to require that automobiles operated by Tenant or its employees and agents be parked in specific areas of the Common Area. Tenant shall not interfere with the rights of other persons to use the Common Areas. The City shall have the right, in its sole discretion, to temporarily close parts of the Common Areas for such periods of time as may be necessary for: (i) temporary use as work area in connection with improvements within the Clubhouse or VGC; (ii) repairs or alterations; (iii) security reasons; (iv) doing and performing such other acts as in the use of good business judgement the City shall determine to be appropriate for the Clubhouse or VGC. The City shall, in its sole discretion, have the right at any time to change the dimensions and/or the arrangement of locations of entrances, parking areas, sidewalks, landscaped areas, passageways or other parts of the Common Areas, and the name, number or designation by which the Clubhouse in commonly known. Tenant’s use of the Common Areas shall be subject to the rules and policies and procedures promulgated and amended, from time to time, by the City for the safety, comfort and convenience of the owners, occupants, tenants and invitee. Section 10 – Non-assignability This Agreement may not be sold, assigned, pledged, subcontracted, transferred or otherwise conveyed by any means whatsoever by Tenant without prior written consent of the City, and any sale, assignment, pledge, subcontract, transfer or other conveyance by Tenant without the City’s prior written consent shall be null and void. Section 11 – Assumption of Risk & Indemnification 11.1 Assumption of Risk; Indemnification. Tenant voluntarily assumes all risks of accident or damage to its property, employees, agents, invitees or any other person or entity for whom tenant is legally responsible and any of its personal property. 12 Except to the extent caused by the willful misconduct or negligence of City, Tenant covenants, agrees to, and shall defend (with counsel reasonably acceptable to the city), indemnify, and hold harmless the city of Apple Valley, Minnesota and the elected officials, the officers, employees, representatives, and volunteers of the City of Apple Valley, Minnesota, and VGC, individually or collectively, in both their official and private capacities (the City of Apple Valley, Minnesota, and the elected officials, the officers, employees, representatives, and volunteers of the City of Apple Valley, Minnesota and VGC each being a "Apple Valley Person" and collectively the "Apple Valley Persons"), from and against any and all claims, liabilities, judgments, lawsuits, demands, harm, losses, damages, proceedings, suits, actions, causes of action, liens, fees, fines, penalties, expenses, or costs, of any kind and nature whatsoever made upon or incurred by the City of Apple Valley, Minnesota and/or any other apple valley person, whether directly or indirectly, ( “Claims”), that arise out of, result from, or relate to: (i) any of the products and services of the tenant as described in this agreement, (ii) any representations and/or warranties by tenant under this agreement, and/or (iii) any act or omission under, in performance of, or in connection with this agreement by tenant, or by any of tenant’s owners, directors, officers, shareholders, managers, partners, employees, agents, invitees or any other person or entity for whom tenant is legally responsible. Tenant represents and warrants that its use of the Leased Premises herein, will not generate, and tenant will not store or dispose on the Leased Premises or VGC nor transport to or over the Leased Premises or VGC any hazardous substance. Tenant further agrees to hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous to toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Tenant’s obligations under this paragraph shall survive the termination or expiration of this agreement. Tenant shall also comply with all applicable state and local laws, statutes, ordinances and regulations, including applicable provisions of Minn. Stat. §340A.409. Tenant shall promptly advise the City in writing of any claim or demand against Tenant or any Apple Valley Person related to or arising out of Tenant's activities under this agreement and shall see to the investigation and defense of such claim or demand at Tenant's sole cost and expense. The City shall have the right, at the City’s option and own expense, to participate in such defense without relieving tenant of any of its obligations hereunder. The defense, indemnity, and hold harmless obligations set forth herein shall survive the expiration or termination of this Agreement. 13 Section 12 – Insurance 12.1 Tenant shall procure and maintain in a company or companies lawfully authorized to do business in Minnesota and until all of their obligations have been discharged and satisfied insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the services hereunder by Tenant, its agents, representatives, and employees during the entire duration of this Agreement. 12.2 The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the minimum limits contained herein are sufficient to protect Tenant from liabilities that may arise out of the performance of the services and work under this Agreement by Tenant, its agents, representatives, employees or subcontractors and Tenant is free to purchase additional insurance as may be determined necessary. 12.2.1 Minimum Scope and Limits of Insurance. Tenant shall provide coverage at least as broad and with limits of liability not less than those stated below. 12.2.1.1 Commercial General Liability - Occurrence Form General Aggregate $2,000,000 Products-Completed Operations Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Damage to Rented Leased Premises $ 100,000 Medical Expense (Any one person) Optional (This coverage must be amended to provide for an each-project aggregate limit of insurance) 12.2.1.2 Workers' Compensation and Employer’s Liability Workers' Compensation Statutory Limits Employer's Liability: Each Accident $ 500,000 Disease-Each Employee $ 500,000 Disease-Policy Limit $ 500,000 12.2.1.3 Automobile Liability Combined Single Limit (each accident) $1,000,000 Underinsured Motorist $1,000,000 12.2.1.4 Liquor Liability Tenant shall procure and maintain liquor liability insurance in an amount in accordance with the City’s Code of Ordinances. 12.2.2 Other Insurance Requirements. The foregoing insurance policies shall be endorsed to contain the following provisions: 14 12.2.2.1 The Tenant's insurance shall contain broad form contractual liability coverage. 12.2.2.2 The City, its, officers, officials, agents, employees and volunteers shall be additional named insureds to the full limits of liability purchased by the Tenant even if those limits of liability are in excess of those required by this Agreement. 12.2.2.3 The Tenant's insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, and employees (and must be endorsed to read as primary coverage regardless of the application of other insurance). Any insurance or self-insurance maintained by the City, its officers, officials, agents, employees, or volunteers shall be in excess to the coverage of the Tenant's insurance and shall not contribute to it. 12.2.2.4 The Tenant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 12.2.2.5 Coverage provided by the Tenant shall not be limited to the liability assumed under the indemnification provisions of this Agreement. 12.2.2.6 The policies shall contain a waiver of subrogation in favor of the City, its officers, officials, agents, and employees. 12.2.2.7 All liability policies shall contain no cross liability exclusions or insured versus insured restrictions applicable to the claims of the City. 12.2.2.8 All insurance policies shall be endorsed to require the insurer to immediately notify the City of any material change in the insurance coverage. 12.2.2.9 Tenant may maintain reasonable and customary deductibles, subject to approval of the City. 12.2.2.10 Insurance must be purchased from insurers that are financially acceptable to the City and licensed to do business in the State of Minnesota. 12.3 Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided or canceled, or not renewed, except after sixty (60) days prior written notice has been given to the City, except when cancellation is for non-payment of premium, then at least ten (10) days prior notice shall be given to the City. Such notice shall be sent directly to: 15 City of Apple Valley c/o City Clerk 7100 – 147th Street West Apple Valley, MN 55124 12.4 Acceptability of Insurers. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII, or receiving prior approval by the City. The City in no way warrants that the above- required minimum insurer rating is sufficient to protect Tenant from potential insurer insolvency. All insurance must be written on forms filed with and approved by the Minnesota Department of Insurance. Section 13 - Mechanics’ Liens In the event any mechanics’ lien shall at any time be filed against the Leased Premises or any part of VGC for reason of work, labor, services or materials performed or furnished to Tenant or to anyone holding the Leased Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged of record. If Tenant shall fail to cause such lien forthwith to be discharged within five (5) days after being notified of the filing thereof, then, in addition to any other right or remedy of the City, City may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by the City and all costs and expenses, including reasonable attorneys’ fees incurred by the City in procuring the discharge of such lien, shall be due and payable in full by Tenant to the City immediately upon demand. Section 14 - Defaults; Remedies 14.1 The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by Tenant (“Default”): 14.1.1 Tenant shall fail to pay the Monthly Base Rent or Percentage Rent, Additional Rent, CAM Expenses, or any other sums owed or any amounts required to be paid by Tenant under this Agreement and Tenant fail to cure such default(s) within ten (10) days after same is due and payable, whether any such indebtedness is now existing or hereafter arises and whether direct or indirect, due or to become due, absolute or contingent, primary or secondary or joint or joint and several; 14.1.2 Tenant shall violate, fail to perform, or observe any of the other covenants, agreements, stipulations or conditions herein, or other agreements between the City and Tenant relating to the Leased Premises or; 14.1.3 Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action. 16 14.1.4 The vacating or abandoning of the Leased Premises by Tenant by more than sixty (60) days prior to the expiration of the term hereof. 14.1.5 In the event of any such default or breach by Tenant, City may at any time thereafter, in its sole discretion, with notice or demand and without limiting City in the exercise of a right or remedy, which City may have by reason of such default or breach: 14.1.5.1 Terminate Tenant's right to possession of the Leased Premises by any lawful means, in which case Tenant shall surrender possession of the Leased Premises to City. Upon termination of possession, City may, in its sole discretion, terminate this Agreement. In addition to all other rights and remedies available to City in law or in equity, City shall be entitled to recover from Tenant all such damages incurred by City by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Leased Premises; expenses of reletting; reasonable attorney fees; the worth at the time by the court having jurisdiction thereof of the amount of the unpaid Monthly Base Rent and other charges and adjustments called for herein for the balance of the term. Following termination of Tenant’s possession, all unpaid Monthly Base Rent (including all amounts becoming due as a result of Tenant’s default) and other costs and expenses owed under this Agreement shall bear interest from the date due at the maximum rate permitted by law. 14.1.5.2 Declare the entire amount of Monthly Base Rent, and other costs and expenses owed under this Agreement past due, as well as that which would have become due and payable during the remainder of the then-current Term of this Agreement, to be due and payable immediately. In this event, Tenant shall pay the entire amount to City immediately. Such payment shall constitute payment of past due rent and payment in advance of the rent stipulated for the remainder of the Leased Term. Acceptance by City of the payment of such rent shall not constitute a waiver of any then existing default occurring thereafter. 14.1.5.3 Pursue any other remedies now or hereafter available to City or Tenant under the laws or judicial decisions of the State of Minnesota. 14.1.9 Failure of City to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not waive such default, but City shall have the right to declare any such default at any time thereafter. 14.1.10 If Tenant fails more than three times within any twelve (12) month period to observe or perform any covenant, condition, rule, regulation or agreement of this Agreement, regardless of whether such defaults have been cured by Tenant, the third (3rd) default shall at the election of City, in its sole and absolute discretion, be deemed a noncurable default, and the City may, in its sole option, be entitled to terminate this Agreement by giving thirty (30) days written notice to the Tenant. 17 Section 15 - Holding Over Tenant will, at the expiration of this Agreement, whether by lapse of time or termination, give up immediate possession to the City. If Tenant fails to give up possession the City may, at its option, serve written notice upon Tenant that such holdover constitutes any one of (i) renewal of this Agreement for one year, and from year to year thereafter, or (ii) creation of a month -to- month tenancy, or (iii) creation of a tenancy sufferance. If the City does not give said notice, Tenant’s holdover shall create a tenancy at sufferance. In any such event the tenancy shall be upon the terms and conditions of this Agreement, except that the minimum Monthly Base Rent shall be double the Monthly Base Rent Tenant was obligated to pay the City under this Agreement immediately prior to termination (in the case of tenancy at sufferance such Monthly Base Rent shall be prorated on the basis of a 365 day year for each day Tenant remains in possession); excepting further that in the case of a tenancy at sufferance, no notices shall be required prior to commencement of any legal action to gain repossession of the Leased Premises. In the case of a tenancy at sufferance, Tenant shall also pay to the City all damages s ustained by the City resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by the City of any right of reentry as otherwise available to the City; nor shall receipt of any rent or any other act consistent with continued tenancy operate as a waiver of the right to terminate this Agreement for a breach by Tenant hereof. Section 16 - Surrender of Leased Premises On the last day of the term of this Agreement or on the sooner termination thereof in accordance with the terms hereof, Tenant shall peaceably surrender the Leased Premises in good condition and repair consistent with Tenant’s duty to make repairs as provided in this Agreement. On or before said last day, Tenant shall, at its expense, remove all of its portable detached equipment from the Leased Premises, except as otherwise provided herein, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. All alterations, additions, coolers, freezers, custom-installed appliances, exhaust hoods and fixtures other than Tenant’s trade fixtures, which have been made or installed by either the City or Tenant upon the Leased Premises shall remain as the City’s property and shall be surrendered with the Leased Premises as a part thereof, or shall be removed by Tenant, at the option of the City, in which event Tenant shall at its expense repair any damage caused thereby. It is specifically agreed that any and all telephonic, coaxial, Ethernet, or other computer, word processing facsimile, or electronic wiring installed by Tenant within the Leased Premises (hereafter “Wiring”) shall be removed at Tenant’s cost at the expiration of the Term, unless the City has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be surrendered with the Leased Premises as the City’s property. If the Leased Premises are not surrendered at the end of the Leased Term or the sooner termination thereof, Tenant shall indemnify the City against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Leased Premises, VGC, and Clubhouse to the City at the place then fixed for payment of rent and shall inform the City of combinations on any locks and safes on the Leased Premises. 18 Section 17 - Subordination Tenant agrees that this Agreement shall be subordinate to any mortgage(s) that may now or hereafter be placed upon VGC or any part thereof, and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements, and extensions thereof, provided the mortgagee named in such mortgage(s) shall agree to recognize this Agreement or Tenant in the event of foreclosure provided the Tenant is not in default. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument, in recordable form, as required by a City mortgagee. In the event of any mortgagee electing to have the Agreement a prior encumbrance to its mortgage, then and in such event upon such mortgagee notifying Tenant to that effect, this Agreement shall be deemed prior in encumbrance to the said mortgage, whether this Agreement is dated prior to or subsequent to the date of said mortgage. Section 18 – Notice Any notice or demand concerning this Agreement must be in writing and (i) sent by certified or registered mail, return receipt requested, postage prepaid, (ii) delivered personally, or (iii) placed in the custody of Federal Express Corporation or other nationally recognized carrier to be delivered overnight; and addresses for such notice are as follows: If to City: City of Apple Valley Attn: City Clerk 7100 147th Street West Apple Valley, MN 55124 With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. Attn: Michael Dougherty, Esq. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 If to Tenant: A This Little Piggy Catering, Inc. d/b/a A’Britin Catering and Hospitality Attn: Seth Brittain 22280 Chippendale Avenue Farmington, MN 55024 Notice shall be deemed given upon receipt by the party to whom it is sent. Section 19 – Inspection The City or its employees or agents shall have the right without any diminution of rent or other charges payable hereunder by Tenant to enter the Leased Premises at all reasonable times, upon 24 hours advance notice to Tenant, for the purpose of exhibiting the Leased Premises to prospective tenants or purchasers and/or inspection, cleaning, repairing, testing, altering or improving the same or the Clubhouse, but nothing contained in this Section shall be constructed 19 so as to impose any obligation on the City to make any repairs, alterations or improvements. No notice shall be required under this Section in the event of an emergency. Section 20 – Loss by Casualty If more than thirty-three (33%) percent of the VGC or more than twenty-five (25%) percent of the Clubhouse is damaged or destroyed by fire or other casualty, the City shall have the right to terminate this Agreement, provide it gives written notice thereof to Tenant within ninety (90) days after such damage or destruction. If a portion of the Leased Premises is damaged by fire or other casualty, and City does not elect to terminate this Agreement, the City shall, at its expense, restore the Leased Premises to as near the condition which existed immediatel y prior to such damage or destruction, as reasonably possible, however, the City shall not be required to spend amounts in excess of the insurance proceeds made available to the City or to restore any improvements made by Tenant subsequent to the Commencement Date. The rentals shall abate during such period of time as the Leased Premises are untenantable, in the portion equal to the percentage of the untenantable portion of the Leased Premises bears to the entire Clubhouse. Section 21 – Waiver of Subrogation The City and Tenant hereby release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone from whom such party may be responsible; provide however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such times as the releasing party’s policies shall contain a clause or endorsement to the effect that any such release would not adversely affect or impair said policies or prejudice the right of the releasing party to recover thereunder. The City and Tenant agree that they will request their insurance carriers to include in their policies such a clause or endorsement. If extra cost shall be charged therefor, each party shall advise the other of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be obligated to do so. Section 22 – Eminent Domain If the entire VGC is taken by eminent domain, this Agreement shall automatically terminate as of the date of taking. If a portion of VGC is taken by eminent domain, the City shall have the right to terminate this Agreement, provided it gives written notice thereof to the Tenant within ninety (90) days after the date of taking. All damages awarded for such taking under the power of eminent domain shall belong to and be the sole property of the City, irrespective of the basis upon which they are awarded; provided, however, that nothing contained herein shall prevent Tenant from making a separate claim to the condemning authority for its moving expenses and trade fixtures. For purpose of this Section, a taking by eminent domain shall include the City’s giving of a deed under threat of condemnation. 20 Section 23 – General Conditions; General Provisions 23.1 Time is of the Essence. The Tenant’s performance of its obligations under this Agreement is a condition as well as a covenant. Time is of the essence in the performance of all conditions and covenants. 23.2 Relationship. This Agreement does not create the relationship of principal and agent or of partnership or of joint venture or of any association between the City and Tenant, the sole relationship between the City and Tenant being that of a landlord and tenant. 23.3 Subletting. The Tenant shall not have the right to transfer, assign, sublease, or license the Leased Premises or any portion thereof without the prior written consent of the City which consent may not be unreasonably denied. 23.4 Estoppel Certificates. Each party hereto agrees that at any time, and from time to time during the term of this Agreement, within ten (10) days after request by the other party hereto, it will execute, acknowledge and deliver to such other party or to any prospective purchaser, assignee or mortgagee designated by such other party, an estoppel certificate in a form acceptable to the City. Tenant agrees to provide the City, within fifteen (15) days of request, the then most current financial statements of Tenant and any guarantors of this Agreement, which shall be certified by Tenant, and if available, shall be audited and certified by a certified public accountant. The City shall keep such financial statements confidential, except the City shall, in confidence, be entitled to disclose such financial statements to existing or prospective mortgagees or purchasers of VGC. 23.5 Tenant’s Control of Work. All services to be provided by Tenant shall be performed in accordance with the terms of this Agreement. Tenant shall furnish the qualified personnel, materials, equipment and other items necessary to carry out the terms of this Agreement. Tenant shall be responsible for and in full control of the work of all such personnel. Tenant warrants and represents that all equipment and other goods and materials provided by Tenant shall be safe, fully operational, and will not cause injury or damage to any person or property, and that all persons provided by Tenant to perform the work and services under this Agreement shall be adequately trained and capable of performing the work and services. 23.6 Compliance with All Laws. Tenant shall comply with all applicable laws, statutes, ordinances, rules, regulations, standards, codes, and executive orders of the federal, state and local government, which may affect the performance of this Agreement. 23.7 Organization and Authorization. Tenant warrants and represents that: (i) it is a corporation duly organized, validly existing and in good standing under the laws of the State of Minnesota, and which shall remain in good standing throughout the term of this Agreement; (ii) it has the requisite power and authority to carry on its business as it is now being conducted; (iii) it has the legal capacity to enter into this Agreement; (iv) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement have been authorized and approved by all action required on the part of Tenant. 23.8 No Conflict. Tenant warrants and represents that the execution and delivery of this 21 Agreement and ancillary agreements hereto by Tenant does not and will not: (i) conflict with, or result in any violation or breach of, any provision of Tenant’s charter documents; (ii) result in any violation or breach of, or constitute a default under, or require a consent or waiver under, any of the terms, conditions or provisions of any license, contract or other agreement to which Tenant is a party; or (iii) conflict with or violate any franchise, license, judgment, order, statute, law, rule or regulation applicable to Tenant. 23.9 Headings. The section and subsection headings contained herein are for convenience only and shall not be used in interpretation of this Agreement and are not intended to define or limit the scope of any provision of this Agreement. 23.10 Governing Law and Venue. This Agreement shall be governed by and administered and interpreted under the laws of the State of Minnesota, without regard to any conflict of laws provisions. Venue for any action, cause or action or proceeding under this Agreement lies exclusively in the State District Court of Dakota County, Minnesota, and the parties agree to submit to the personal and subject matter jurisdiction of said court. 23.11 Severability. The sections, paragraphs, sentences, phrases, words, and all other provisions of this Agreement are severable, and if any part of this Agreement is determined by a court of competent jurisdiction to be illegal, unlawful, unconstitutional, or void for any reason, the parties intend that the remaining provisions of this Agreement shall remain in full force and effect unless the stricken provision leaves the remaining Agreement unenforceable. 23.12 Integration; Modification. This Agreement represents the entire understanding of City and Tenant as to those matters contained in this Agreement, and no prior oral or written understanding shall be of any force or effect with respect to those matters. This Agreement may not be modified or altered except in writing signed by duly authorized representatives of the parties. 23.13 No Waiver. The failure by the City to exercise any right, power, or option given to it by this Agreement, or to insist upon strict compliance with the terms of this Agreement, shall not constitute a waiver of the terms and conditions of this Agreement for any reason whatsoever. 23.14 No Third Party Beneficiaries. This Agreement and all of its provisions are solely for the benefit of Tenant and the City and are not intended to and shall not create or grant any rights, contractual or otherwise, to any third person or entity. 23.15 Incorporation of Exhibit. Exhibits A - H are incorporated herein and made a part hereof for all purposes. 23.16 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 23.17 Brokers. Each of the parties represents and warrants that there are no claims for brokerage commission or finder's fees in connection with the execution of this Agreement, and agrees to 22 indemnify the other against, and hold it harmless from, all liabilities, arising from any such claim including, without limitation, reasonable attorney's fees 23.18 Cross Default. In the event that Tenant enters into any Other Agreements, Tenant shall, at City’s sole option, be in default under the terms of this Agreement if Tenant defaults under one or more of the Other Agreements, provided, however, that Tenant shall have the right to cure any such default within any time set forth in the Other Agreements. A default by Tenant under this Agreement shall, at City’s option, also constitute a default under all Other Agreements. Tenant’s obligations under this paragraph shall survive the expiration or earlier termination of this Agreement. Section 24 – Disclosures Required by Federal or State Law The terms and conditions of this Agreement and any information that Tenant supplies to the City may be disclosed by the City if City determines that such information should be disclosed in accordance with the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13) or any other Federal or State laws. Tenant’s books, records, documents, and accounting procedures are subject to audit by the City and State of Minnesota pursuant to Minnesota Statute §§ 6.551 and 16C.05, subdivision 5. Section 25 – Survival of Covenants 25.1 Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 25.2 All of Tenant’s indemnification obligations and obligations to pay rent, fees and other sums owed to City under the Agreement and any amendments to the Agreement shall survive the expiration or earlier termination of the Agreement. [Signature page follows.] 23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF APPLE VALLEY Date By Mary Hamann-Roland Its: Mayor Date By Pamela J. Gackstetter Its: City Clerk STATE OF ________________) ) SS. COUNTY OF ______________) The foregoing instrument was acknowledged before me this ______ day of _______________, 2018, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. (Notarial Seal) Notary Public A This Little Piggy Catering, Inc. d/b/a A’Britin Catering and Hospitality Date By Its:____________________________ STATE OF ________________) ) SS. COUNTY OF ______________) The foregoing instrument was acknowledged before me this ______ day of _______________, 2018, by _________________, the _____________ of A this Little Piggy Catering, Inc., a Minnesota corporation d/b/a A’Britin Catering and Hospitality, on behalf of the corporation. (Notarial Seal) Notary Public 24 EXHIBIT A Upper Level of the Clubhouse Clubroom 25 EXHIBIT B Upper Level of the Clubhouse Common Areas 26 EXHIBIT C Lower Level of the Clubhouse Common Areas 27 EXHIBIT D Kitchen Supplies 28 EXHIBIT E Upper Level of the Clubhouse Leased Premises 29 EXHIBIT F Lower Level of the Clubhouse Leased Premises 30 EXHIBIT G Upper Level of the Clubhouse Pro Shop 31 EXHIBIT H Upper Level of the Clubhouse Special Event Room I T E M: 4.L . C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A pprove Change Order No. 1 with A -P lus Roofing for Rooftop Replacement at Apple Valley E ducation B uilding S taff Contact: B ruce Nordquist, Community Development Director Department / Division: Community Development Department AC T I O N RE Q UE S T E D: Approve C hange Order No. 1 with A-Plus Roofing for Rooftop Replacement at Apple Valley Education Building, 14200 Cedar Avenue. S UM M ARY: At the December 14, 2017, C ity C ouncil meeting, a contract with A-Plus Roofing for $45,050 was approved. Two roof sections were to be replaced, section 7 over MacPhail and section 2 over St. Mary's. Long stretches of cold weather, followed by large snow quantities have prolonged the project. It was anticipated that the full amount could be paid when the project was completed. However, due to the weather impacts, the contractor is seeking a partial payment for completed work. T he December 14 agreement with A-Plus Roofing for rooftop replacement is modified to allow a progress payment of not more than once monthly. Work completed will be verified by the Community Development Director. To date, section 7, over MacPhail has been completed and section 2, over St. Mary's is 50% complete. Both sections are being replaced in accordance with the approved scope of work. Flashing will need to be installed around both sections at a later date to better match the planned siding repair and staining. T he contractor is seeking $22,525.00, or 50% of the total project cost. A n invoice detailing this is attached for reference. More than 50% of the work has been completed. B AC K G RO UND: N/A B UD G E T I M PAC T: Resources are available from the Education Building reserve fund. AT TAC HM E NT S : Change Order Document(s) I nvoice City of CHANGE ORDER PROJECT NAME: Rooftop Replacement at Apple Valley Education Building PROJECT NUMBER: 2018-01 NAME OF CONTRACTOR: A-Plus Roofing Company DATE: March 8, 2018 CHANGE ORDER NUMBER: No. 1 Description of Change: The following proposed changes are incorporated in to the Agreement referenced above. The contractor agrees to perform and the owner agrees to pay for the following changes to the Agreement. Modify Section 4 Payment to allow for progress payments: 4. PAYMENT The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid as set forth in the copy of the accepted Bid Proposal Form hereto attached, the aggregate amount of which is $45,050.00. Contractor may submit detailed requests for progress payments subject to approval by the City’s consulting engineer not more than once monthly. Upon completion of delivery and installation by the Contractor and acceptance by the City, Contractor shall submit an invoice for the final payment. This invoice will be paid by the City within thirty (30) days of receipt. Item # Description of Proposed Change Amount 1 Allow progress payments instead of lump sum $22,525.00 REQUESTED AMOUNT OF CHANGE: $ 0.00 ORIGINAL CONTRACT AMOUNT: $45,050.00 NET CHANGE BY PREVIOUS CHANGE ORDERS: $ 0.00 CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $45,050.00 CONTRACT SUM WILL BE CHANGED BY CHANGE ORDER: $ 0.00 NEW CONTRACT SUM INCLUDING THIS CHANGE ORDER: $45,050.00 Date By Date By Mary Hamann-Roland, Mayor Date And Pamela J. Gackstetter, City Clerk A Plus Roofing Company 11988 Riverwood Dr. Burnsville, MN 55337 952-894-5435 aplusroofingmn@gmail.com INVOICE BILL TO CITY OF APPLE VALLEY ACCOUNTS PAYABLE 7100 - 147th St W. APPLE VALLEY, MN 55124 INVOICE #1105 DATE 02/27/2018 DUE DATE 02/27/2018 TERMS Due on receipt P.O. NUMBER ACTIVITY AMOUNT NEW Duro-Last Progress payment for the St. Mary's / McPhail roofing project at 14200 Cedar Ave S. 50% 22,525.00 BALANCE DUE $22,525.00 I T E M: 4.M. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A pprove P ersonnel Report S taff Contact: Melissa Haas, Human Resources Manager Department / Division: Human Resources Division AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City C ouncil Approval. B AC K G RO UND: T he City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S : Personnel Report PERSONNEL REPORT March 8, 2018 City of Apple Valley Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Name Last Name Action Position Status Dept. Base Pay Rate Pay Type Pay Scale Date (on or about) John Hart Rehire Maintenance I Seasonal 5105 $ 13.24 Hourly SM1 4/15/2018 Matt Jelinski Rehire Maintenance II Seasonal 5105 $ 14.67 Hourly SM2 4/15/2018 Jerod Kaszynski Hire Liquor Clerk Part-Time, Variable 5020 $ 11.00 Hourly L-1 2/23/2018 Charles Kopesky Promotion Technical Specialist Full-Time, Regular 1710 $ 30.48 Hourly UMT 3/9/2018 Roger Mardikian Rehire Maintenance I Seasonal 5105 $ 13.24 Hourly SM1 4/1/2018 Sarah Osojnicki Rehire Concessions Manager Seasonal 1940 $ 16.70 Hourly C-07 3/15/2018 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 I T E M: 4.N. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Consent A genda Description: A pprove Claims and B ills S taff Contact: Ron Hedberg, Finance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND: N/A B UD G E T I M PAC T: Check registers dated February 14, 2018, and February 22, 2018, in the amounts of $1,021,523.70, and $747,500.76 respectively. AT TAC HM E NT S : Claims and Bills Claims and Bills I T E M: 5.A. C O UNC I L ME E T I NG D AT E :March 8, 2018 S E C T I O N:Regular A genda Description: A uthorize Receipt of A pplications through A pril 20, 2018, to F ill Vacancy on Urban A ffairs A dvisory Committee S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Authorize receipt of applications through April 20, 2018, to fill the vacancy on Urban Affairs Advisory C ommittee. S UM M ARY: On March 22, 2018, the C ity Council appointed Barry Berg to the Telecommunications Advisory C ommittee. Mr. Berg previously served on the Urban Affairs Advisory Committee. As a result of Mr. Berg's new assignment, a vacancy now exists on the Urban Affairs Advisory C ommittee. Staff suggests the C ity C ouncil extend an invitation to individuals interested in serving on the Urban Affairs Advisory Committee to submit an application to the C ity C lerk by April 20, 2018. 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 C ommittee votes on recommendations, which are then sent to the C ity C ouncil. Typically, this Committee meets the fourth Tuesday of the month on an as-needed basis, beginning at 7:00 p.m., at the Municipal C enter; however, the C ommittee will meet monthly in 2018 as it helps plan the City's 50th anniversary celebration. 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, 2019. 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. Typically, this Committee meets the fourth Tuesday of the month on an as-needed basis, beginning at 7:00 p.m., at the Municipal Center; however, the Committee will meet monthly in 2018 as it helps plan the City's 50th anniversary celebration. 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, April 20, 2018. 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 8th day of March, 2018. Pamela J. Gackstetter City Clerk I T E M: 7. C OUNC I L ME E T I NG D AT E:March 8, 2018 S E C T I ON:C alendar of Upcoming Events D escription: Approve Calendar of Upcoming Events Staff C ontact: Stephanie Marschall, D eputy City Clerk Department / Division: City Clerk’s Office AC T ION RE QUE S T E D : Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the City Council. S UM M ARY: Day/Date Time L ocation Ev ent Mon./Mar. 5 7:00 p.m.Municipal C enter Telecommunications Advisory Committee Meeting - C AN C E L E D Tue./Mar. 6 7:30-9:00 a.m.Pure Barre Chamber Coffee C onnection Wed./Mar. 7 7:00 p.m.Municipal C enter Planning C ommission Meeting T hur./Mar. 8 5:30 p.m.Municipal C enter Informal C ity Council Meeting T hur./Mar. 8 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting * Sat./Mar. 10 5:00-9:00 p.m.Valleywood C lubhouse Apple Valley Arts Foundation Frozen Apple Concert Series Mar. 11-14 Washington, D.C .National League of C ities Congressional C ity C onference Tue./Mar. 13 4:30-6:00 p.m.Lost Spur Golf Course, Eagan Dakota County Legislative Reception Wed./Mar. 14 7:00 p.m.Municipal C enter Traffic Safety Advisory Committee Meeting T hur./Mar. 15 5:00 p.m.American Legion Post 1776 Yellow Ribbon Military Appreciation Dinner T hur./Mar. 15 5:00-7:00 p.m.T hink Mutual Bank Chamber Business After Hours Mar. 21-22 St. Paul, MN LMC Legislative Conference for Cities Wed./Mar. 21 7:00 p.m.Municipal C enter Planning C ommission Meeting T hur./Mar. 22 6:00 p.m.Municipal C enter ED A Meeting T hur./Mar. 22 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting * Tue./Mar. 27 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee Meeting Wed./Mar. 28 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting B AC K G RO UND: Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. B UD G E T IM PAC T: N/A