HomeMy WebLinkAbout06/14/2018 Meeting
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
June 14, 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 (5 min.)
2.Update from Minnesota Valley Transit Authority (30 min.)
3.Presentation of 2018 to 2022 Capital Improvements Program (20 min.)
4.Discuss Kelley Park Master Plan Development (20 min.)
5.Adjourn
C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A
7:00 P M
1.C all to Order and Pledge
2.Approve Agenda
3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.Approve Minutes of May 24, 2018, Regular Meeting
B.Approve State Gambling Exempt Permit for Apple Valley Rotary
Scholarship Foundation, at Apple Valley Ford Lincoln, 7200 150th Street
W., on October 13, 2018
C .Authorize Acceptance of Community Grant from Walmart Facility #2642
for Use by Fire Department
D.Approve 2019 Budget C alendar and Set Special Informal Meeting on
August 23, 2018, at 5:30 p.m.
E.Adopt Resolution Adopting 2018 Performance Measures and Approving
Participation in Performance Measurement Program
F.Adopt Resolution Authorizing C ity Clerk to Appoint Deputy City
Clerks for 2018 Election Administration
G.Adopt Resolution Establishing Parking Restrictions and Road Closures
for Freedom Days Celebration Events
H.Authorize Temporary Parking at Kelley Park for Special Events
I.Adopt Resolution Authorizing Preparation of Feasibility Study for
Project 2019-106, 147th Street W. and Glazier Avenue Intersection
Improvements
J .Approve Reduction of Natural Resources Management Permit Financial
Guarantee
K.14386 Embry Court - Four Season Porch and Shed Setback Variances
1. Adopt Resolution Approving 8' Principal Structure Rear Yard
Setback Variance for 224 Sq. Ft. Four Season Porch Addition
2. Adopt Resolution Approving 5' 6" Accessory Structure Rear Yard
Setback Variance and 2' 6" Accessory Structure Side Yard Variance
for an Existing Shed
L.Quarry Ponds Fifth Addition
1. Adopt Resolution Approving Final Plat and Development
Agreement
2. Adopt Resolution Approving Planned Development Agreement
M.Project 2016-138, Signal Modifications at 140th Street and Galaxie
Avenue
1. Adopt Resolution Awarding Agreement to McNamara Contracting,
Inc.
2. Adopt Resolution Accepting Easements
N.Adopt Resolution Awarding Agreement for Project 2018-110, Lebanon
Cemetery Roadway and Infrastructure Improvements
O.Adopt Resolution Rejecting Bids for Project 2018-109, Lebanon
Cemetery Boundary Fence
P.Approve Dakota C ommunications C enter Management Control
Agreement with Dakota County Sheriff's Office
Q.Approve Agreement with Confluence, Inc., for Kelley Park Master Plan
Development
R.Approve Agreement with LD V, Inc., for Apple Valley Mobile C ommand
Van
S.Approve Agreement with Metropolitan Council for 2018 C itizen
Assisted Lake Monitoring Program
T.Approve Agreement with Budget Sandblasting and Painting, Inc., for
Project 2018-129, 2018 Fence & Light Pole Reconditioning Services
U.Approve Agreement with Dakota Unlimited, Inc., for Project 2018-148,
2018 Quarry Point Fence Extension
V.Approve Change Order No. 1 to Agreement with J irik Sod Farms for
Project 2018-127, 2018 Sod Replacement Services, and Approve
Acceptance and Final Payment
W.Approve Change Order No. 2 to Agreement with Avolve Software
Corporation for Building Inspections Plan Review Software, and
Approve Acceptance and Final Payment
X.Approve Acceptance and Final Payment on Agreement with Fendler
Patterson Construction, Inc., for Police Lobby Front Desk Remodel
Y.Approve Personnel Report
Z.Approve Claims and Bills
5.Regular Agenda Items
A.Adopt Resolution Accepting Donation from Rotary Club of Apple
Valley for Use by Parks and Recreation Department
B.Charter Cable Partners, LLC, (F/K/A C harter C ommunications)
Franchise
1. Pass Ordinance Granting Franchise to Charter Cable Partners,
LLC, (F/K/A C harter C ommunications) to C onstruct, Operate, and
Maintain a Cable System (Recommend waiving second reading)
2. Adopt Resolution Approving Summary Publication of Cable
Ordinance
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 :J une 14, 2018
S E C T I O N:I nformal A genda I tem
Description:
Update from Minnesota Valley Transit Authority (30 min.)
S taff Contact:
Tom L awell, City A dministrator
Department / Division:
A dministration Department
AC T I O N RE Q UE S T E D:
No action is required. T his is an update from the Minnesota Valley Transit Authority
(MVTA) on a number of timely transit-related topics.
S UM M ARY:
Councilmember C lint Hooppaw serves as the C ity's representative on the MVTA Board of
Directors. He has suggested that we hear from MVTA representatives on a number of
current transit issues, including:
- Transit Ridership
- Impact of Interstate 35W Construction
- Status of the Planned Expansion of the Apple Valley Transit Station
- Maintenance and Upkeep of the Apple Valley Transit Station
- Proposed Revisions to the MVTA Transit Schedule and Service to the Dakota County
Technical C ollege
T hose attending the meeting as representatives from the MT VA include Executive Director
Luther Wynder and Public Information Manager Richard Crawford.
B AC K G RO UND:
T he MVTA is the public transportation agency for seven suburbs located approximately 15
miles south of Minneapolis and St. Paul: Apple Valley, Burnsville, Eagan, and Rosemount in
Dakota C ounty, and Savage, Prior Lake and Shakopee in Scott C ounty. T he MVTA is one
of several independent bus transportation agencies formed in the late 1980s under state
legislation that allowed outer-ring suburbs to "opt-out" of centrally provided transportation
services.
A nine-member board consisting of elected officials or their designees governs the MVTA.
Councilmember C lint Hooppaw currently serves as the Vice-C hair of the MVTA Board of
Directors.
B UD G E T I M PAC T:
N A
AT TAC HM E NT S :
Presentation
6/15/2018
1
MVTA
APPLE VALLEY UPDATE
Apple Valley City Council Work Session
Thursday, June 14, 2018
1
• Founded in 1990
•2nd largest public transit
provider in MN
• 10,500+ daily boardings
• 22,500+ miles daily
• 165 buses
• 32 routes
• 14 facilities
• 340 daily Minneapolis trips
2
6/15/2018
2
MVTA Routes
17 express
11 local
3 flex/shuttle
1 BRT
3
35W@94 Project Area
Burnsville
MVTA 35W PRIORITIES
• Maintain existing service & trip times
•Flexible detour routing (I-35W, Hiawatha, I-35E, I-394)
•Engage riders & community
• Add recovery time to express services
• Promote alternative connections to downtown via light rail
• Red Line to Blue Line LRT at Mall of America
• Add new Route 416 (Eagan-46th Street LRT)
4
6/15/2018
3
TRANSIT ADVANTAGES
• Transit advantages on Park & Portland in Minneapolis
• Queue jumps at select intersections
• Transit/Emergency Vehicles only on 35W/31
st Street Ramps
• Enforcement will be critical
• Through travel maintained on 35W during concurrent
Minnesota River Bridge Construction
• Working closely with MnDOT, Metro Transit, & Metropolitan Council
5
ROUTE 416 (EAGAN-46TH LRT)
Burnsville
Transit
Station
Eagan
Transit
Station
46th Street
Station
Blue Line to/from Minneapolis
A Line to/from Saint Paul • Weekday service direct between
Eagan Transit Station and 46th
Street LRT (begins July 2)
• Approx. 6 am to 7pm
• Every 30 minutes peak and 60
minutes off-peak
• More reliable corridor
• Timed transfers via LRT to
Minneapolis and A Line to St.
Paul
• Offers option to avoid
congestion at 35W/35E split
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6/15/2018
4
• Take the bus!
• Consider adjusting work hours
• Work remotely one day a week
• Consider connecting at MOA or Blue Line LRT
• Sign up for MVTA Route Alerts (mvta.com/route-alerts)
• Receive alerts from MnDOT (dot.state.mn.us/35w94)
• Contact MVTA Customer Service with trip planning
questions (952-882-7500)
7
OUTREACH
AVTS UPDATE
• MVTA is working with MnDOT regarding the AVTS
Modernization grant/project. MVTA has hired a
consultant to provide an independent cost estimate
for design, engineering, project management, and
construction costs. The consultant will have a
complete estimate to MVTA by June 29.
• An RFP for consultant services will be issued shortly
afterward.
• This project proposes to add two levels to the
existing facility, expanding capacity by 330 parking
spaces. Improved lighting and improved pedestrian
connections from surrounding retail areas are also
planned with the project.
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6/15/2018
5
AVTS OPERATIONS
In the past two years, MVTA has added procedures to enhance operations at Apple Valley Transit Station.
• Additional security cameras have been added to monitor activity at the facility.
• A facility staff member makes a daily check-in at the facility to ensure cleanliness and inspect the premises.
• A cleaning crew services the facilities six days a week.
• MVTA has been working closely with Apple Valley Police to address loitering reports.
These actions have helped reduce the number of customer contacts MVTA has received in recent months pertaining to concerns at the facility.
9
2017 RIDERSHIP OVERVIEW
• Minnesota Valley Transit Authority (MVTA)
provided 2,924,364 passenger rides in 2017, up
0.8 percent from 2016. The figure was the
second highest annual ridership in MVTA history.
About 64 percent of MVTA ridership is for
commuters to Minneapolis, including:
• Route 477 – Lakeville/Apple Valley to
Minneapolis (351,536 rides; plus 1.4 percent).
• Route 476 – Rosemount/Apple Valley to
Minneapolis (99,628; down 2.4 percent).
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6/15/2018
6
SERVICE TO DCTC
• MVTA will begin service to Dakota County Technical College (DCTC) on Aug. 20.
• The service has been sought by college students for several years.
• The new service will connect Apple Valley Transit Station to Rosemount Transit Station and Dakota County Technical College.
• The first two years of the route are being funded through support from Dakota County as part of its East-West Transit Study.
• There will be two morning trips to the campus, two afternoon trips as well as single trips in the afternoon and evening. Route 420 is a local route with a rush hour fare of $2.50.
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I T E M: 3.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:I nformal A genda I tem
Description:
P resentation of 2018 to 2022 Capital I mprovements Program (20 min.)
S taff Contact:
Ron Hedberg, Finance Director and 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:
N/A
S UM M ARY:
Staff will present a draft of the 2018-2022 Capital Improvements Program (C IP) at the C ity
Council informal meeting. T he C IP is a planning document that is used when developing the
operating budgets each year. In the C IP document, the projects included in years 2018 and
2019 are the projects that staff will be working on in the coming months.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
C I P
Presentation
CITY OF APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
2018-2022
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CITY OF
APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
Table of Contents
Introduction ............................................................................................................................... 1
Section 1: Summary Tables ..................................................................................................... 7
Section 2: Financial Impact Analysis of Selected Funds ......................................................... 11
Section 3: Five Year CIP Tables ............................................................................................ 39
Appendix A: Street Overlay and Reconstruction Schedule ..................................................... 61
Appendix B: Vehicle and Equipment Replacement Schedule ................................................. 65
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Introduction
The City of Apple Valley believes that it is necessary to develop and maintain a Capital Improvements Program (CIP). Such a
program allows the Council and Staff to better plan for the City’s capital and financial needs in future years.
With growth, the need for services will continue to increase in the City. At the same time, the costs of vehicles, equipment, and
infrastructure are expected to increase. The CIP formalizes a process in which future projects and outlays can be identified and
prioritized. It is intended to provide a realistic projection of future capital expenditures necessary to meet the anticipated needs of the
community. The identified improvements reflect City policies for growth, maintenance, and development.
The CIP is a planning document intended to assist policy makers and staff to plan for major capital improvement, renewal, and
replacement expenditures. As a planning document, the CIP does not bind the City to the anticipated expenditures in the projected
years. The CIP is not a budget, nor is it an authorization to expend funds. The authorization of the expenditures occurs through City
Council action and in adoption of the annual budget.
As a planning document, the CIP facilitates two distinct planning purposes. First, the CIP is a tool with which to implement the City’s
Comprehensive Guide Plan. As the City looks at future projects, it is important to make sure that they will appropriately integrate with
the Comprehensive Guide Plan. Second, the CIP is a financial planning document. As many capital purchases are made in various
dollar amounts in various periods of time, it is important to appropriately plan so that the necessary funding mechanisms are available
as expenditures take place.
The City’s annual budget document categorizes expenditures into three major groups as a means to summarize and describe
expenditures: personnel services, capital outlay, and other. Capital outlay as a sum total is generally the smallest of these three
expense categories in the General Fund. Capital outlay is a term used to describe an expenditure of a significant amount, generally
over $5,000.00, that benefits more than one year or extends the useful life of an asset.
The CIP document totals will not necessarily tie to line items within the annual budget document for several reasons. There are some
expenditures included within the CIP that are not currently categorized as capital outlay in the budget, such as the street overlay project
and computer software. Also, it is not uncommon for a few medium-to-large capital purchases initially anticipated as General Fund
department operating expenditures to be ultimately funded through equipment certificates by the end of the annual budget process.
1
The CIP may include some items that are not line-itemized as a capital outlay in an annual operating budget and it is not intended to
anticipate the sporadic purchases of very small tools or equipment. The CIP document generally line itemizes outlays which exceed
$50,000, but there are a few major exceptions:
Selected divisional expenses such as computer and video related equipment,
improvements, renewal, or replacements to City buildings exceeding $5,000,
improvements, renewal, or replacement to key infrastructures exceeding $5,000,
and subtotaled minor expenditures found in the appendices to the CIP.
The rationale for the exception to divisional expenses is that in some cases, and particularly with video and computer equipment, the
cost of any individual item might be quite small, but when purchased in large bundles or as a system, can amount to a very large total
expenditure. The rationale for the exceptions for City buildings and key infrastructure is that for land use planning, a more
comprehensive listing of these improvements is desirable. Some of these recurring infrastructure improvements itemized in the
document include pathway overlay and repair, pedestrian ramps, street striping, catch basin retrofits, and Ring Route maintenance.
The rationale for the exception for subtotals in the appendices is primarily to provide internal consistency to the document. Using
similar rationale to the exceptions listed above, the Replacement Schedule line itemizes some items under $50,000. Departments are
asked to only include expenditures exceeding $5,000 in these documents. For use in the CIP, these smaller purchases are subtotaled
by department and itemized as a subtotal in the CIP as “minor” equipment or vehicles.
As mentioned previously, there are some expenditures found in the CIP that are not classified as capital outlay in the annual budget.
Each year, the City spends very significant resources to overlay City streets as part of ongoing street maintenance. As this work is
provided by private contractors, the expenditures are classified as a contractual service in the operating budget. Similarly, while
computer software is essential to operate the physical hardware assets, the software itself is not considered capital in the budget. As
these items are a critical component of the City’s infrastructure and capital assets, the expenditures related to these items are included
within the CIP.
2
CITY OF APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
2018-2022
Section 1
Summaries
3
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4
City of Apple ValleyCapital Improvements Program 2018-20222018 - 2022 ProjectsAll Funding SourcesFunding Sources 2018 2019 2020 2021 2022 TotalGeneral Fund 4,058,365$ 5,196,265$ 4,160,010$ 4,158,595$ 5,069,848$ 22,643,083$ VERF Charges - (Internal Service Fund) 1,299,273 1,299,273 1,299,273 1,299,273 1,299,273 6,496,365 Equip / VERF Expense 2,332,400 805,200 733,400 1,699,800 1,145,400 6,716,200 Municipal Building Fund 562,000 716,000 490,500 741,000 220,000 2,729,500 Future Capital Projects Fund 2,345,419 180,000 1,150,000 3,000,000 - 6,675,419 GO/Revenue Bonds - - 4,500,000 - - 4,500,000 EDA Funding - - - - - - TIF Funding - 1,200,000 - - - 1,200,000 Park Dedication - - 250,000 - - 250,000 Ice Arena 1,157,261 15,000 282,500 335,000 310,000 2,099,761 Golf 219,000 244,000 130,000 140,000 165,000 898,000 Liquor 75,000 - - - - 75,000 Old City Hall Fund 428,750 - - - - 428,750 Special Assessments 165,821 975,000 600,000 100,000 - 1,840,821 Water Utility 3,820,994 4,933,534 3,783,500 2,372,130 3,064,500 17,974,658 San. Sewer Utility1,413,545 1,503,385 1,837,500 1,109,730 1,578,500 7,442,660 Storm Drainage Utility1,344,400 1,464,570 3,891,000 1,764,754 1,750,000 10,214,724 Street Light Utility33,000 129,687 1,346,000 17,000 18,000 1,543,687 Road Improvement Fund163,429 240,326 618,490 290,426 (263,848) 1,048,823 Muncipal State Aid1,403,500 2,912,000 2,799,500 4,717,166 2,367,038 14,199,204 Cemetery Fund400,500 325,000 70,000 25,000 30,000 850,500 Grant Funding- 2,047,000 3,700,000 - - 5,747,000 Other Govt3,581,300 821,443 80,000 5,440,000 2,734,000 12,656,743 Other Sources1,545,000 640,000 600,000 1,332,000 3,258,000 7,375,000 Total Funding26,348,957$ 25,647,683$ 32,321,673$ 28,541,874$ 22,745,711$ 135,605,898$ 5
City of Apple ValleyCapital Improvements Program 2018-20222018 - 2022 ProjectsAll Project CategoriesProject Categories 2018 2019 2020 2021 2022 TotalBuilding and Facility Improvements 5,973,078$ 2,387,900$ 6,027,000$ 4,209,500$ 876,000$ 19,473,478$ Capital Technology 476,805 338,365 397,000 350,000 350,000 1,912,170 Fleet Vehicles and Equipment 4,429,173 2,873,673 2,382,173 3,292,673 2,686,673 15,664,365 Parks, Playgrounds, Paths, Open Space 713,000 765,000 1,015,000 675,000 670,000 3,838,000 Ponds, Natural Resources, and Environme205,000 180,000 2,231,000 1,616,000 1,838,000 6,070,000 Street and Utility Improvements 11,285,401 15,560,245 17,867,500 16,625,701 14,681,038 76,019,885 Utility Infrastructure Preservation 3,266,500 3,542,500 2,402,000 1,773,000 1,644,000 12,628,000 Grand Total 26,348,957$ 25,647,683$ 32,321,673$ 28,541,874$ 22,745,711$ 135,605,898$ 6
CITY OF APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
2018-2022
Section 2
Financial Impact Analysis
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General Fund Fund Description The General Fund is the largest fund in the City’s accounting system. This fund is the primary fund affecting many of the City’s daily operations. Background The General Fund contains a wide variety of services offered by many different departments. Most of these services do not generate their own revenue stream or are not operated as an enterprise function. The majority of the City’s annual budget is dedicated to the operations within the General Fund. Typically, capital outlay is a very small percentage of the total General Fund expenditures, with the vast majority of expenses occurring for personnel services or commodities. However, large changes in capital outlay expenditures can have a significant impact on the General Fund. Source of Funds The Fund receives its revenues from many different sources. The primary funding sources is property taxes, comprising approximately 75 percent of the General Fund revenues. The next largest funding source is Transfers In from other funds and Administrative charges to other funds, comprising about ten percent of the revenues. The remaining revenues are each under five percent of the Fund’s total revenues. Generally, residents and the City Council have been very sensitive to significant changes in the property tax level from year to year. As a result, the City has attempted to keep the expenditures in the General Fund as steady as possible. Use of Funds The City prepares a detailed five year capital improvement plan that outlines all planned renovations and improvements. Because the expenditures in this fund tend to be smaller, there are a large number of different expenses which are listed individually in the tables. Examples of expenditures include vehicles and equipment pieces costing less than $50,000, small building maintenance projects, and recurring amenity maintenance, such as recreational trails and pathways. Fund Outlook Operational projects typically begin as proposals in the General Fund budget. Beginning with 2017 the city will have completed the process of transferring vehicle and equipment replacement purchases to a separate Vehicle and Equipment Replacement Fund. In 2022, projected expenditures will exceed the expected support included in the property tax levy and an identified funding source will need to be determined or projects delayed. 9
Financial Analysis: General Fund2018 2019 2020 2021 2022Source of FundsTax Levy641,365$ 849,265$ 640,500$ 533,500$ 1,296,000$ Other Sources- - - - - Total Source of Funds641,365$ 849,265$ 640,500$ 533,500$ 1,296,000$ Use of FundsFireFire Station Monument SignsFire Station Apparatus bay floors ( '18 #1 & #1, '19 #3) 30,000$ 30,000$ Fire Station Apparatus bay floors ('20 #2) 30,000$ Fire Station 1 carpet 6,000$ Fire Station 3 Carpet replacement 10,000$ Fire Department Subtotal 40,000$ 36,000$ 30,000$ -$ -$ ITVarious IT annual expenditures 287,865$ 338,365$ 350,000$ 350,000$ 350,000$ AdminPoll Books 55,500$ Admin Subtotal 55,500$ -$ -$ -$ -$ Public WorksStreets wire feed welder9,500$ PW - Asset Management Software 50,000$ 20,000$ PW - ADA Transition Plan 40,000$ PW - Gardenview driver feedback sign 20,000$ PW Snowpushers for Versitile Vehicles 18,000$ CMF building windows$9,500CMF vehicle hoists Bay #5$26,000Public Works Subtotal110,000$ 38,000$ 9,500$ 35,500$ -$ ParksOverlay park trails45,000$ 40,000$ 40,000$ 40,000$ 50,000$ Park Reforestation10,000$ 10,000$ 10,000$ 10,000$ Play Structure Replacement100,000$ 75,000$ 25,000$ 130,000$ Park, JCRPW fence between soccer fieldsPark, AV East ice rinkPark, Valley Middle ice rink13,000$ Park, neighborhood backstops (5)55,000$ Cedar Ave pedestrian connections20,000$ Park plastic playground timbers15,000$ Park, Tintah soccer field irrigation40,000$ Redwood Pool & playground fencing40,000$ Park, Scott Park tennis court150,000$ Johnny Cake Ridge Park irrigation300,000$ Park, misc small park backstops30,000$ Total Parks and Open Space113,000$ 185,000$ 165,000$ 75,000$ 710,000$ 10
Financial Analysis: General Fund (continued)Parks (Continued)2018 2019 2020 2021 2022Community Center office chairsCommunity Center ceiling tile replacementCommunity Center meeting room TVsCommunity Center rental room audio/visual equip 10,000$ 8,000$ Community Center security card readers 14,400$ 15,000$ Community Center rental room tables & chairs 6,000$ Community Center kitchen & conf room appliances 7,000$ Community Center rental room tables & chairs6,000$ Community Center sport court gym main curtain 45,000$ Total Community Center-$ 14,400$ 31,000$ 58,000$ 8,000$ Senior Center banquet chairs 15,000$ 15,000$ 15,000$ Senior Center audio/visual equipment 20,000$ Senior Center backup boiler25,000$ Senior Center cove lighting replacement8,000$ Total Senior Center15,000$ 15,000$ 45,000$ -$ 23,000$ Aquatic Center rental cabanas20,000$ Aquatic Center POS systemAquatic Center coolers and freezersAquatic Center funbrellas 20,000$ Aquatic Center Diamond Brite Diving well 200,000$ Aquatic Center Convection Oven 10,000$ Aquatic Center lifeguard sun protectors15,000$ Aquatic Center Concessions Improvements15,000$ Aquatic Center Concessions Appliances10,000$ Aquatic Center play structure125,000$ Aquatic Center Shade Canopies (2)15,000$ Aquatic Center walk in cooler20,000$ Total Aquatic Center20,000$ 210,000$ -$ 15,000$ 205,000$ Teen Center minor improvements 12,500$ 10,000$ Total Teen Center-$ 12,500$ 10,000$ -$ -$ Parks Subtotal 148,000$ 436,900$ 251,000$ 148,000$ 946,000$ Total Use of Funds 641,365$ 849,265$ 640,500$ 533,500$ 1,296,000$ Net Change-$ -$ -$ -$ -$ 11
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Municipal Building Fund Fund Description The Municipal Building Fund accounts for significant capital improvements pertaining to vehicles and equipment, the use of this fund provides for the funding of scheduled equipment replacement. Background With the 2016 budget, the City began budgeting for building improvement projects out of a new fund called the Municipal Building Fund. Rather than budgeting for individual projects in individual operating budgets which are subject to large swings in expenditures from year to year. This provides a more stable budgeting approach without the annual volatility in the individual department budgets. Source of Funds The Fund receives its revenues from transfers from the General Fund and the Future Capital Projects Fund, the initial amount of the transfer from the General Fund is approximately equal to what the General Fund had been paying for these projects out of the General Fund operating budget. The transfer amount from the Future Capital Projects Fund is equal to the amount of interest earned in that fund in the previous year. Use of Funds The Fund covers the projected and budgeted building improvements for general government buildings. Fund Outlook The Municipal Building Fund was created to provide a financing mechanism for the systematic building improvements to general government buildings. Based on the existing conservative funding estimates the fund balance will maintain reach a nominal positive fund balance over the next five years. Each year the timing of projects must be closely monitored to maintain a positive fund balance. Expenditures total approximately $2.7 million over the next five years. 12
Financial Analysis: Muncipal Building Fund2018 2019 2020 2021 2022Source of FundsInvestment Earnings3,800$ 6,500$ 1,800$ 800$ 1,100$ Transfer from Future Capital Projects fund202,000 202,000 202,000 552,000 202,000 Transfer from General Fund381,000 186,000 192,000 198,000 204,000 Estimate of FCPF Investment earnings above budgeted10,000 10,000 10,000 10,000 10,000 Total Source of Funds596,800$ 404,500$ 405,800$ 760,800$ 417,100$ Use of FundsCity HallMunicipal Center - PD Training room area 56,000 Municipal Center - Recarpet 200,000 Municipal Center - PD open office panels 60,000 Municipal Center - PD recarpet 150,000 Municipal Center - Basement Office Expansion 500,000 Municipal Center - Municipal Center Roof replacement 150,000 -$ 256,000$ 210,000$ 650,000$ -$ Public Safety - FireFire Station 1 Roof Replacement61,000 Fire Station 2 Roof Replacement44,500 Fire Station 3 Roof Replacement43,500$ Fire Station 2 HVAC Replacement50,000$ Fire Station 3 HVAC Replacement50,000$ -$ -$ 105,500$ 43,500$ 100,000$ Public WorksCMF north & west lot chip seal15,000 CMF Windows, doors and Overhead doors20,000 CMF Southfork Vehicle Storage Floor47,000 CMF CoRayVac Program thermostat control6,000 CMF restrooms- 20,000 CMF Hallway tile flooring12,000 CMF Old Wash Bay Conversion27,000 CMF roof section30,000 CMF- Bldg Windows20,000 CMF- Replace Vehicle Hoist Bay #327,000 CMF Police / Storage Bldg Unit Heater #1 - 15,500 CMF Parks / Storage Bldg Unit Heater #216,000 CMF Streets / Storage Bldg Unit Heater #316,000 CMF Small HVAC Units- 30,000 CMF Windows, doors and Overhead doors40,000 88,000$ 89,000$ 47,000$ 47,500$ 70,000$ 13
Financial Analysis: Muncipal Building Fund (continued)2018 2019 2020 2021 2022ParksCommunity Center - Flooring various rooms 35,000 Community Center - gym divider curtains 45,000 Community Center sport court gym roof 100,000 Community Center - restroom / locker room flooring 100,000 Community Center - restroom / locker room partitions 80,000 Community Center - Sport Court divider curtains 45,000 Community Center - Entry Doors50,000 Community Center - Electronic SignTotal Community Center 180,000 180,000 45,000 - 50,000 Senior Center Building upgrades35,000 Senior Center - Interior Painting5,000 Senior Center - Concrete replacement40,000 Total Senior Center5,000 35,000 - - 40,000 Aquatic Center - Building Reroofing55,000 Aquatic Center - Waterslide200,000 Aquatic Center - Waterslide150,000 Total Aquatic Center255,000 150,000 - - - Redwood building improvements- year 220,000 Redwood diving boardTotal Redwood20,000 - - - - JCRP east- Soccer Stadium Roof6,000 JCRP east- Legion Field roof6,000 JCRP east - restroom facility60,000 Total Parks460,000$ 371,000$ 111,000$ -$ 90,000$ Total Use of Funds548,000$ 716,000$ 473,500$ 741,000$ 260,000$ Net Change48,800$ (311,500)$ (67,700)$ 19,800$ 157,100$ Beginning Cash/ Fund Balance 385,462$ 434,262$ 122,762$ 55,062$ 74,862$ Ending Cash/ Fund Balance 434,262$ 122,762$ 55,062$ 74,862$ 231,962$ 14
Future Capital Projects Fund Fund Description The Future Capital Projects Fund accounts for significant capital improvement projects for various service areas within the City as appropriated by the City Council. Some of these projects are projected one-time construction projects. Others, such as the Pavement Management Support Transfer and support of the Municipal Building Fund, may be ongoing based on Council policy. Background The Future Capital Fund was created as a means to fund significant capital projects not included elsewhere in the budget or CIP, especially those that may not have an alternate or dedicated revenue stream other than property tax support. More recently, it has also provided funding support for the City’s Pavement Management Program. Beginning with the 2016-2017 operating budget a transfer has been identified to go to the Municipal Building Fund to support that funds capital outlay, this ongoing transfer is included at an amount equal to the prior year’s interest earnings. Source of Funds The Fund receives its revenues from two primary sources—annual transfer of the ending operating General Fund-Fund Balance and investment earnings. For this document, staff has conservatively estimated no ending balance transfers from the General Fund between 2017 and 2021. However, if there is a positive balance in those years, the balance would become a revenue source for this fund. Use of Funds The City prepares a detailed five year capital improvement plan that outlines all planned renovations and improvements, the attached scheduled goes out to 2021. Significant anticipated projects include reconfiguring fire station(s), reconstruction of the shared entrance with the Dakota County Western Services Center off of Galaxie Avenue, replacement of the Park Maintenance Building and field lighting at Johnny Cake Ridge Park East, funding for the 2018 Ameresco improvement project, construction of a Police Department garage at the Municipal Center Site, and funding of a local share of the Cedar Avenue overpass if that project is to move forward. Transfers The Future Capital Projects Fund transfers funds to support the City’s Park Bond payments. This allowed use of the levy funds to support the Pavement Management Program. The City Council provided direction for support of $960,000 per year to the Park Bond Transfer through 2017. This support is a part of the strategy to avoid specially assessing the benefiting property owners. Fund Outlook Projected expenditures will significantly reduce the fund balance over the next five years, assuming no transfer from the General Fund. The Fund’s outlook could improve with transfers from the General Fund ending balance. One significant use includes the Future Capital Projects Fund commitment of $960,000 per year toward the Park Bond Transfer through 2017 when the bonds were retired.15
Financial Analysis: Future Capital Projects Fund (4930)2017 2018 2019 2020 2021 2021Source of FundsInvestment Earnings110,947$ 203,000$ 166,000$ 163,000$ 65,000$ 14,000$ Valleywood Loan Repayment50,000 50,000 50,000 50,000 50,000 50,000 Transfer from General Fund1,950,000 - - - - - Total Source of Funds2,110,947$ 253,000$ 216,000$ 213,000$ 115,000$ 64,000$ Use of FundsAdminCedar Avenue Entrance Monument60,000$ Cedar Avenue Overpass at @147th (city share)400,000$ FireReconfiguring existing fire station(s)500,000$ 4,500,000$ PolicePD Garage at Muni Center3,000,000$ Municipal CenterVoting Machine Replacement27,939$ 27,940$ ParksJCRP east new maintenance facility750,000$ JCRP LED Lighting900,000$ Public WorksCR 42 / Redwood Pk Retaining Wall59,474$ Reconstruct Western Service Center Entrance120,000$ Ameresco Energy ProjectFire Station Roof Top Unit22,406$ Municipal Center Building Automation Controls69,934 Municipal Center Boilers (Police Portion)320,870 Various Building Mechanical Insulation56,163 Various Building Audit and Design35,000 Various Building LED Lighting Upgrades637,237 Variosu Building Water Conservation19,574 Community Center Boilers182,254 Aquatic Center Boilers338,214 OtherTransfer to Park Bond960,000$ Transfer to Road Improvement Fund152,900$ 285,600$ Transfer to Muni Bldg Fund (Municipal Center Basement)350,000$ Transfer to Municipal Building Fund183,000$ 202,000$ 202,000$ 202,000$ 202,000$ 202,000$ Total Use of Funds1,383,313$ 2,697,192$ 382,000$ 6,752,000$ 3,552,000$ 202,000$ Net Change727,634$ (2,444,192)$ (166,000)$ (6,539,000)$ (3,437,000)$ (138,000)$ Beginning Cash Balance12,778,105$ 13,505,739$ 11,061,547$ 10,895,547$ 4,356,547$ 919,547$ Ending Cash Balance13,505,739$ 11,061,547$ 10,895,547$ 4,356,547$ 919,547$ 781,547$ 16
Vehicle and Equipment Replacement Fund Fund Description The Vehicle and Equipment Replacement Fund (VERF) accounts for significant capital improvements pertaining to vehicles and equipment, the use of this fund provides for the funding of scheduled equipment replacement. Background In 2013, the City began budgeting for vehicles and equipment replacement using the fleet management approach. Rather than budgeting for individual units on an annual basis, which is subject to large swings in expenditures from year to year, departments are charged an annual fee by the Vehicle and Equipment Replacement Fund, an Internal Service Fund. This provides a more stable budgeting approach without the annual volatility. In 2017, the remaining general government department, the streets department, was transitioned into the VERF program. Source of Funds The Fund receives its revenues from annual charges to each departments operating budget. Use of Funds The Fund covers the annual vehicle and equipment purchase needs for participating departments within the general government. Fund Outlook The Vehicle and Equipment Replacement Fund (VERF) was being created to provide a financing mechanism for the systematic replacement of vehicles in the City’s Fleet. The goal of the fund is to have sufficient cash flow to fund annual equipment purchases without the need to borrow and to stabilize budgeting for major equipment purchases. The goal is to accumulate funds but it is not planned to have all the resources to fund 100% of the replacement value of the entire fleet at any one time. The projected low balance over the next five years is approximately $654,000. Over the next five years the VERF is expected to spend $7,918,400 on equipment replacement. 17
Financial Analysis: Vehicle and Equipment Replacement Fund2018 2019 2020 2021 2022Source of FundsVERF Interfund Charges969,180$ 1,048,460$ 1,140,790$ 1,348,140$ 1,375,640$ Sales Proceeds 131,500 96,000 72,000 147,000 106,500 Investment Earnings18,671 9,821 12,014 13,040 10,281 Transfer from Closed GO Debt Fund- - - - - Total Source of Funds1,119,351$ 1,154,281$ 1,224,804$ 1,508,180$ 1,492,421$ Use of FundsFire876,700$ 71,800$ 94,600$ 1,036,100$ 318,100$ General Government -$ -$ -$ -$28,700 Code Enforcement- - ‐ --Police127,000 327,600 761,200 276,500 69,800 Parks180,500 293,900 142,400 279,000 44,300 Building Inspections- - ‐ - - Engineering- - ‐ - 27,700 Fleet Maintenance- - ‐ - 24,300 Public Works Admin23,800 - ‐ --Streets501,300 314,800 158,200 100,500 573,000 Total Use of Funds1,709,300$ 1,008,100$ 1,156,400$ 1,692,100$ 1,085,900$ Net Change(589,950)$ 146,181$ 68,404$ (183,920)$ 406,521$ Beginning Cash Balance1,244,700$ 654,751$ 800,932$ 869,336$ 685,416$ Ending Cash Balance654,751$ 800,932$ 869,336$ 685,416$ 1,091,937$ 18
Water Utility Fund Fund Description The Water Utility provides high quality, safe and reliable drinking water. Background Water is derived from the operation of 20 municipal groundwater wells and pumped to a central water treatment plant. The existing capacity of the water treatment plant is 24 million gallons of water per day, which is sufficient to meet the future water demands of the city. The water distribution system consists of 240 miles of water main pipe and 5 reservoirs with a storage capacity of 12.7 million gallons. The current average daily demand is 6.8 million gallons. Source of Funds The fund receives nearly all of its revenue from the sale of water to customers within the City. The tiered rates are structured so that the consumption charge increases as the use exceeds certain tiers. This escalating rate structure is intended to encourage conservation. With the meter replacement program it is estimated that metered consumption will increase 3% beginning in 2018. With the significant capital outlay needs of the fund in the next five years this document assumes that the meter replacement program would be financed over a ten year term. Use of Funds The utility is also responsible for the portion of the annual street maintenance project related to the water system; in 2018 and 2019 the CIP includes $1,017,000 and $1,658,000 respectively for this purpose. Over the five year span of this CIP the water utility is shown to be expending $5,726,000 on the annual street and utility program, this will exceed the funding available in the Water and Sewer Fund. Fund Outlook The next large expenditure of the utility will be the replacement of customer water meters, which is included in the years 2018 and 2019. The five year projection below assumes a 5% increase in the utility rates for 2018 and beyond. One of the larger upcoming expenditures is the meter replacement program, included here at $4 million over the next two years. Once the estimated costs and timing of the meter replacement program is determined rates may need to be adjusted in future years. The capital needs combined with the meter replacement program may result in additional rate increases. 19
Financial Analysis: Water Utility 2018 Budget 2019 Budget 2020 estimate 2021 estimate 2022 estimate Revenues:Utility Charges4,755,000$ 5,098,000$ 5,353,000$ 5,621,000$ 5,902,000$ Investment Earnings100,000$ 100,000$ 58,000$ 25,000$ 17,000$ Other Revenues75,000 75,000 75,000 75,000 75,000 Total4,930,000 5,273,000 5,486,000 5,721,000 5,994,000 Expenses:Personnel Services‐ Wages670,600 697,320 711,000 725,000 740,000 Personnel Services‐ Benefits251,410 262,745 271,000 279,000 287,000 Total Personnel Services922,010 960,065 982,000 1,004,000 1,027,000 Supplies201,950 194,525 198,400 202,400 206,400 Services235,600 384,160 391,800 399,600 407,600 Utilities343,000 354,200 368,400 383,100 398,400 Repairs & Maint253,645 240,695 245,500 250,400 255,400 Other operating Costs379,055 391,380 399,200 407,200 415,300 Items for resale36,000 45,000 45,900 46,800 47,700 Depreciation1,800,000 1,900,000 2,084,000 2,180,000 2,247,000 Transfers/Admin Fee to General Fund556,250 568,600 585,700 603,300 621,400 Debt Service interest192,825 185,125 177,225 169,225 161,025 Total Expense4,920,335 5,223,750 5,478,125 5,646,025 5,787,225 Net Income (loss)9,665 49,250 7,875 74,975 206,775 Addback Depreciation1,800,000 1,900,000 2,084,000 2,180,000 2,247,000 Add Debt Issued2,000,000 2,000,000 Less: Debt Service Principal ‐ Trmt Plant(385,000) (395,000) (400,000) (410,000) (420,000) Less: Debt Service Principal ‐ Meter Replacement(120,000) (240,000) (480,000) (480,000) (480,000) Less: Capital Outlay ‐Annual Street Program(1,016,706) (1,658,034) (1,950,000) (525,000) (576,500) Less Capital Outlay ‐Meter Replacement(2,000,000) (2,000,000) - -- Less: Capital Outlay(804,288) (1,275,500) (1,433,500) (1,406,000) (1,514,500) Net addition (use) of cash(516,329) (1,619,284) (2,171,625) (566,025) (537,225) Beginning Cash Balance6,000,000 5,483,671 3,864,387 1,692,762 1,126,737 Ending Cash Balance5,483,671$ 3,864,387$ 1,692,762$ 1,126,737$ 589,512$ 20
Sanitary Sewer Fund Fund Description The Sanitary Sewer Utility provides wastewater service to 50,000 Apple Valley residents. The Sanitary Sewer Utility Fund operates and maintains the sanitary sewer conveyance system and delivers wastewater to the regional treatment plants operated by the Metropolitan Council Environmental Services (MCES). Background The sanitary sewer system consists of 193 miles of sanitary sewer mains and 9 sanitary lift stations. The system conveys the sewage to the regional wastewater treatment facilities operated by Metropolitan Council Environmental Services (MCES). The system conveys approximately 1.2 billion gallons of wastewater each year. Source of Funds The fund receives nearly all of its revenue from the sale of water to customers. The sanitary sewer charges are based on actual water usage for each individual property. The rates are structured so that the consumption charge increases as the use exceeds certain thresholds. This escalating rate structure is intended to encourage conservation. Use of Funds In addition to the personnel and maintenance costs of operating the utility the largest expense of the utility is the annual charge levied by the MCES for the treatment of wastewater based on the sanitary sewer flows from the City. The 2018 and 2019 budget includes $2,839,000 and $2,981,000 respectively for the treatment of wastewater by MCES. The utility is also responsible for the portion of the annual street maintenance project related to the sanitary system; in 2018 and 2019 the CIP includes $958,000 and $1,146,000 respectively for this purpose. Over the five year span of this CIP the water utility is shown to be expending $4,846,000 on the annual street and utility program, this will exceed the funding available in the Water and Sewer Fund. Fund Outlook The working capital levels of the fund continue to be maintained at sufficient levels for the operation of the utility. The five year projection below assumes a 5% increase in the utility rates for 2018 and thereafter. 21
Financial Analysis: Sewer Utility 2018 estimate 2019 estimate 2020 estimate 2021 estimate 2022 estimate Revenues:Utility Charges5,212,000$ 5,603,000$ 5,883,000$ 6,177,000$ 6,486,000$ Investment Earnings100,000 100,000 65,000 75,000 84,000 Other Revenues60,000 60,000 60,000 60,000 60,000 Total5,372,000 5,763,000 6,008,000 6,312,000 6,630,000 Expenses:Personnel Services‐ Wages 679,215 716,570 731,000 746,000 761,000 Personnel Services‐ Benefits 262,520 276,860 285,000 294,000 303,000 Total Personnel Services 941,735 993,430 1,016,000 1,040,000 1,064,000 Supplies 81,195 75,590 77,000 79,000 81,000 Services 46,425 35,000 36,000 37,000 38,000 Utilities 29,000 29,000 30,000 31,000 32,000 Repairs & Maint 86,455 90,800 93,000 95,000 97,000 Other operating Costs 300,000 309,430 316,000 322,000 328,000 MCES Treatment 2,839,000 2,981,000 3,130,000 3,287,000 3,451,000 Depreciation1,000,000 1,120,000 1,161,000 1,196,000 1,216,000 Non Capitalized Capital outlay - - - - - Transfers/Admin Fee to General Fund 552,800 569,500 587,000 605,000 623,000 Total Expenses 5,876,610 6,203,750 6,446,000 6,692,000 6,930,000 Net Income (loss)(504,610) (440,750) (438,000) (380,000) (300,000) Addback Depreciation1,000,000 1,120,000 1,161,000 1,196,000 1,216,000 Less: Capital Outlay ‐Annual Street Program(958,545) (1,146,385) (1,540,000) (525,000) (676,500) Less: Capital Outlay(455,000) (357,000) (77,500) (193,600) (78,500) Net addition (use) of cash40,390 322,250 645,500 622,400 837,500 Beginning Cash Balance4,000,000 4,040,390 4,362,640 5,008,140 5,630,540 Ending Cash Balance4,040,390$ 4,362,640$ 5,008,140$ 5,630,540$ 6,468,040$ 22
Storm Water Utility Fund Fund Description The Storm Water Utility Fund provides for the operation and maintenance of the City’s storm water drainage system and the management of surface water bodies. A majority of expenses related to this activity relate to improvement projects to fulfill State and Federal mandates for pollutant load reduction to lakes, maintenance of the drainage system, and the drainage system costs related to the annual street maintenance program. Background The storm water sewer system consists of 193 miles of sewer pipe and 12 storm water lift stations. Source of Funds The fund receives nearly all of its revenue from storm water charges to customers on their utility bills. The rates are based on estimated runoff from impervious surfaces on each parcel. In 2011, the City issued $2,600,000 of GO Storm water Utility Revenue bonds to fund a number of projects. Use of Funds The majority of the expenditures of the fund are used to address Federal or State mandates. The utility is also responsible for the portion of the annual street maintenance project related to the sanitary system; in 2018 and 2019 the CIP includes $455,000 and $357,000 respectively for this purpose. Over the five year span of this CIP the water utility is shown to be expending $3,950,000 on the annual street and utility program, this will exceed the funding available in the Storm Water fund. Fund Outlook The five year projection below assumes an annual increase of 5% in the storm water rates beginning in 2018. As additional mandates are created, negative pressure will be placed on the fund resources and additional rate increases may be needed. 23
Financial Analysis: Storm Water Utility 2018 estimate 2019 estimate 2020 estimate 2021 estimate 2022 estimate Revenues:Utility Charges1,796,000$ 1,886,000$ 1,980,000$ 2,079,000$ 2,183,000$ Investment Earnings33,000 38,000 40,000 32,000 31,000 Other Revenues5,000 5,000 60,000 60,000 60,000 Total1,834,000 1,929,000 2,080,000 2,171,000 2,274,000 Expenses:Personnel Services‐ Wages 215,315 227,725 232,000 237,000 242,000 Personnel Services‐ Benefits 69,050 73,195 75,000 77,000 79,000 Total Personnel Services 284,365 300,920 307,000 314,000 321,000 Supplies 49,120 44,620 46,000 47,000 48,000 Services 363,950 232,540 237,000 242,000 247,000 Utilities 62,800 64,800 66,000 67,000 68,000 Repairs & Maint 59,225 58,000 60,000 62,000 64,000 Other operating Costs 21,420 22,065 23,000 23,000 23,000 Depreciation1,000,000 1,050,000 1,095,000 1,191,000 1,248,000 Non Capitalized Capital outlayTransfers/Admin Fee to General Fund 348,000 360,000 371,000 382,000 393,000 Debt Service ‐ interest 46,280 42,650 38,692 34,272 29,372 Total Expenses 2,235,160 2,175,595 2,243,692 2,362,272 2,441,372 Net Income (loss)(401,160) (246,595) (163,692) (191,272) (167,372) Addback Depreciation1,000,000 1,050,000 1,095,000 1,191,000 1,248,000 Less: Debt Service Principal(165,000) (165,000) (170,000) (175,000) (180,000) Less: Capital Outlay ‐Annual Street Program(557,600) (949,370) (1,540,000) (600,000) (501,000) Less: Capital Outlay(786,800) (515,200) (1,301,000) (904,000) (892,000) Net addition (use) of cash(352,960) 123,205 (539,692) (79,272) 8,628 Beginning Cash Balance2,900,000 2,547,040 2,670,245 2,130,553 2,051,281 Ending Cash Balance2,547,040$ 2,670,245$ 2,130,553$ 2,051,281$ 2,059,909$ 24
Park Dedication Fund Fund Description Apple Valley’s subdivision ordinance requires subdivision applicants to dedicate a reasonable portion of land within the development to the public to address infrastructure needs created by the development. In lieu of this dedication of land the City may accept a cash fee for some costs of development. Background Cash payments received are placed in a special fund to be used only for the purposes for which the money was obtained. Cash payments received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Source of Funds The fund receives its revenues from two primary sources; cash payments received from developers and investment earnings. Use of Funds Funds are used for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space. Cash payments may not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. Fund Outlook The Park Dedication Fund has recovered and has a balance in the fund of $1,641,000 at the beginning of 2018. The 2018-2022 CIP includes: The remaining assessments on the property purchases for the Kelley Park expansion which will retire in 2022. The payoffbalance at 12-31-17 was $101,765 which could be paid off early and save approximately 10,843 in interest charges;Development of Cortland ParkDevelopment of Kelley ParkExtension of sewer services to Johnny Cake Ridge Park East from 142nd St25
Financial Analysis: Park Dedication Fund20182019202020212022Source of FundsDedication Fees received162,000$ 162,000$ 162,000$ 162,000$ 162,000$ Investment Earnings1,100 2,700 4,500 3,100 4,900 Total Source of Funds163,100$ 164,700$ 166,500$ 165,100$ 166,900$ Use of FundsParksSpecial Assessments from the Kelley Park Land Purchase 29,653$ 28,240$ 23,786$ 22,556$ 14,480$ Cortland Park developmentKelley Park development 1,000,000 JCRP east sewer connection to 142nd St.250,000 Total Use of Funds 1,029,653$ 28,240$ 273,786$ 22,556$ 14,480$ Net Change(866,553)$ 136,460$ (107,286)$ 142,544$ 152,420$ Beginning Cash/ Fund Balance1,640,660$ 774,107$ 910,567$ 803,281$ 945,825$ Ending Cash/ Fund Balance 774,107$ 910,567$ 803,281$ 945,825$ 1,098,245$ 26
Tax Increment Finance Funding Fund Description Tax increment financing is an economic tool established under State law. This fund pertains to projects that are authorized expenditures for tax increment financing as established under State law. Background The laws have changed over the years and have limited applicability. However, the general concept is that the City, under certain conditions, may establish a tax increment district in an area where property values are currently low, typically because the property is undeveloped or is blighted in some way. The City can issue debt to fund certain types of improvements to the property. After the improvements and additional development or redevelopment activity, the property tax value increases. The City then captures this incremental increase in property tax revenue to pay off the debt for the improvements. In some cases, the increments captured exceed the amount necessary to retire the debt for the improvements. In a limited number of those cases, the City can use the excess increment revenues to fund additional eligible tax increment financing projects. Source of Funds The Fund receives its revenues from two primary sources—receipt of tax increments and investment earnings. Estimating the amount of the increment is dependent on accurate forecasting of the future value of the property after it has been improved. In our case, the districts have been established for decades and there is a long history of property valuations after the improvements were made. Apple Valley’s two included districts (TIF 1 & 7) were decertified by 12-31-15. For this document the resources include previously collected and unspent funds. Use of Funds The State law is very restrictive on the types of expenditures that can be used with tax increment revenues and the geographic locations that these expenditures can be made. Generally, the allowed expenditures are for public improvements such as roadways, traffic signals, or parking facilities. Fund Outlook Projects associated with this fund are typically linked with development activity. The projected expenditures in this document assume that certain development activity will occur in the future that would be supported with tax increment backed improvements. The current capital improvement program currently includes the street and utility improvements at the Glazier and 147th Street intersection, leaving approximately 1.2 million available for other eligible expeditures.27
Financial Analysis: Tax Increment Finance Funding(Decertified Districts #1 & #7)2018 2019 2020 2021 2022Source of FundsInvestment Earnings43,741$ 44,397$ 27,063$ 27,469$ 27,881$ Tax Increments - - - - - Total Source of Funds 43,741$ 44,397$ 27,063$ 27,469$ 27,881$ Use of FundsStreets & utility Improvements147th & Glazier Intersection Improvements 1,200,000$ Total Use of Funds -$ 1,200,000$ -$ -$ -$ Net Change 43,741$ (1,155,603)$ 27,063$ 27,469$ 27,881$ Beginning Cash/ Fund Balance2,916,079$ 2,959,820$ 1,804,217$ 1,831,281$ 1,858,750$ Ending Cash / Fund Balance2,959,820$ 1,804,217$ 1,831,281$ 1,858,750$ 1,886,631$ 28
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Road Improvement Fund Fund Description The Road Improvement Fund accounts for significant capital improvement projects for construction, maintenance, and repair of roadways and pathways. Background The Road Improvement Fund is a mechanism to account for certain portions of roadway improvement projects. It is also important to note that in many cases, the full cost of the roadway project includes many different funding sources. For example, the City’s Utility Funds support portions of the annual street overlay project. For another example, for County roadways, the City pays a portion of the project cost, but large portions of the project may be funded by the County, the State, or other adjoining cities. Source of Funds The Fund receives its revenues from many sources, a large portion of the project costs are shared with the utility funds and other sources, e.g. Municipal State Aid for eligible projects. A portion of the funding identified as property tax levy is included within the General Fund Levy and is transferred each year to the Road Improvement Fund and represents the taxpayer’s support of the annual street program. Use of Funds The City prepares a detailed five year capital improvement plan that outlines all planned renovations and improvements. Significant anticipated projects include a number of street reconstructions, annual street overlay, and traffic signals. Fund Outlook The current Pavement Management Program began with the 2013 construction season. This fund has had a negative balance for many years and is related to a number of years prior to 2010 when the annual Pavement Management Program was without an identified funding source. The projected expenditures over the next 5 years will exceed the revenues available by approximately $340,000. As the program is developed further additional revenue sources may need to be contemplated to maintain the anticipated management program. The Fund’s outlook could improve with additional transfers from the General Fund positive ending balance, or savings on individual construction projects. 29
Financial Analysis: Road Improvement Fund (2025)2018201920202021 2022Source of FundsTax Levy - Transfer from General Fund3,417,000 3,417,000 3,520,000 3,625,000 3,734,000 General Fund Operating Budget40,000 20,000 - - - MSA Maintenance566,500 583,000 599,500 616,000 599,500 MSA Construction837,000 2,329,000 2,200,000 4,101,166 1,767,538 Special Assessments65,821 875,000 500,000 - - TIF 1 or TIF 7- 1,200,000 - - - Grants or Other Governments share- 2,868,443 3,780,000 90,000 5,134,000 Water Utility1,016,706 1,658,034 1,950,000 525,000 576,500 Sewer Utility952,545 1,146,385 1,360,000 625,000 676,500 Storm Water Utility557,600 949,370 1,540,000 600,000 501,000 Other Funds17,000 113,687 50,000 50,000 - Transfer from other funds- - 400,000 - - Total Source of Funds7,470,172$ 15,159,919$ 15,899,500$ 10,232,166$ 12,989,038$ Use of FundsAnnual Pavement / Infrastructure ProgramStreet proj, Rdwd Dr, Cir, Ct & Keller Lake Dr2,100,568 - - - - Street proj, AV 12th1,855,242 - - - - Street proj, Rdwd Dr/ Whitney Pnd storm bypass100,000 - - - - Street proj, 133rd St Ct / 134th St Ct1,312,200 - - - - Street proj, road widening CSAH 38 (city share)289,000 - - - - 152nd St & Embry Path Bump out18,270 - - - - Kelley Park accessable parking stalls36,000 - - - - Upper 147th Turn Lane (Uponor) & Sidewalk80,821 - - - - ADA Transition Plan40,000 - - - - Street proj, JCRR, Lapaz 2nd- 6,632,788 - - - 147th / Glazier instersection improvements- 1,700,000 - - - Street proj, Apple Valley 11th and 12th- 4,495,457 - - - Street proj, North and South Surrey Trail- - 2,365,000 - - Street proj, Cimmarron Rd- - 3,485,000 - - Street proj, Garden View Dr - CR 42 to Whitney- - 2,250,000 - - Pedestrian overpass Cedar @ 147th- - 3,700,000 - - Street proj, AV 3rd (Rdwd, Prk, Juniper)- - - 2,050,000 - Street proj, 133rd St (Galaxie to Flagstaff)- - - 1,500,000 - Street proj, Greenleaf 6th & 7th , Phase 1 ('21) , Phase 2 ('22)1,600,000 1,500,000 Street proj, AV 3rd (Pinewood, Walnut)- - - 3,010,000 CSAH 23 (Cedar)/140th ped overpass- - - - 4,000,000 CSAH 33 (Diamond Path)/ 140th roundabout- - - - 1,937,000 Watermain break street patching50,000 50,000 50,000 50,000 50,000 Subtotal Annual Pavement / Infrastructure Program5,882,101 12,878,245 11,850,000 5,200,000 10,497,000 30
Financial Analysis: Road Improvement Fund (2025)2018201920202021 2022(continued)Annual Overlay/Microsurface/CracksealingStreet overlay/resurfacing400,000 408,000 1,366,000 564,166 1,754,538 Street microsurface/ crack sealing566,500 583,000 599,500 616,000 599,500 Subtotal Annual Overlay/Microsurface/Cracksealing966,500 991,000 1,965,500 1,180,166 2,354,038 Recurring Ring Route /Cedar AveAnnual Ring Route concrete repairs 50,000 50,000 50,000 50,000 50,000 Cedar Ave / Ring Route concrete and landscaping - - - 30,000 - Ring Route benches and trash bins - - - 81,000 - Cedar Ave. pedestrian connections - 100,000 - - - Ring Route monument replacement - - 72,000 - - Subtotal Recurring Ring Route /Cedar Ave50,000 150,000 122,000 161,000 50,000 Recurring Trail Maintenance/ ImprovementsTrail rehabilitation / resurfacing170,000 81,000 180,000 180,000 180,000 Trail on 140th South side, Galaxie to Cedar- - 700,000 - - Subtotal Recurring Trail Maintenance/ Improvements170,000 81,000 880,000 180,000 180,000 Traffic SignalsCity signal upgrade 140th @ Galaxie200,000 - - - - City signal right turn lanes 140th @ Galaxie250,000 - - - - DC signal design CSAH 31 /CSAH 46 upgrade115,000 - - - - City signal install 147th @ JCRR- 500,000 - - - DC signal CSAH 42 @ JCRR- 250,000 - - - CR 11 traffic signal (CSAH 38 and 140th)- 350,000 - - - HAWK traffic signal at Greenleaf on Galaxie- 200,000 - - - Traffic signal Galaxie at 132nd- - 400,000 - - DC signal JCRR at 157th St- - 250,000 - - DC signal JCRR at CR 46- - 250,000 - - CSAH 42 Traffic Signal / intersection / ped. Upgrades (city share)- - - 3,537,000 - Subtotal Traffic Signals565,000 1,300,000 900,000 3,537,000 - Total Use of Funds 7,633,601$ 15,400,245$ 15,717,500$ 10,258,166$ 13,081,038$ Net Change(163,429)$ (240,326)$ 182,000$ (26,000)$ (92,000)$ Beginning Fund Balance(3,692,500)$ (3,855,929)$ (4,096,255)$ (3,914,255)$ (3,940,255)$ Ending Fund Balance(3,855,929)$ (4,096,255)$ (3,914,255)$ (3,940,255)$ (4,032,255)$ 31
Former City Hall Fund (Education Building) Fund Description This Former City Hall Fund accounts for the operations of the former city hall location along with capital improvement projects pertaining to the former city hall property. The City currently leases the property to the St. Mary’s University and the MacPhail Center for Music as education facilities. Background In 2001, the City moved its operations to the Municipal Center location and vacated the former City Hall property. As the City did not have an immediate use for the property, but was also sensitive to the type of new use of the property, the City chose to rent the property. The City continues to have obligations to maintain the facility for the tenants. Source of Funds The fund receives its revenues from two primary sources—rents received from the tenants and investment earnings. Use of Funds Under the current leases, the City assumes all responsibilities for the maintenance of the property including daily maintenance of the interior and exterior space along with the roof structure, the HVAC system, and plumbing. Capital improvements to the building in 2018 include; replacing the boiler and HVAC system, bathroom improvements, residing and repainting the exterior, conversion of the former garage space and the replacement of two of the roof sections. Fund Outlook This fund will be expending accumulated fund balance over 2018 on the noted improvements, once these are completed many of the more significant improvement will be completed. 32
Financial Analysis: Former City Hall Fund (2090)(Education Building)2018 2019 2020 2021 2022Source of FundsInvestment Earnings7,724$ 2,071$ 3,058$ 4,017$ 4,943$ Rents190,000 212,480 212,480 212,480 212,480 Total Source of Funds197,724$ 214,551$ 215,538$ 216,497$ 217,423$ Use of FundsOperating Exp:Salaries & WagesEmp. BenefitsSupplies50 50 50 50 50 Telephone850 880 910 940 970 Contractual Serv.35,900 36,970 38,080 39,210 40,390 Utilities31,200 32,090 33,050 34,040 35,060 Repairs & Maint.27,750 28,590 29,450 30,330 31,240 Other Exp.130 130 130 130 130 Building Management Fee50,000 50,000 50,000 50,000 50,000 Visa / bank charges- - - Subtotal Operating Expense145,880 148,710 151,670 154,700 157,840 Capital outlay:Boiler and HVAC273,000 Bathroom Improvements30,400 Re‐siding and painting21,100 Retaining wall34,800 Roof (sections 2 & 7)45,050 Windows (former garage space)24,400 Subtotal Capital Outlay428,750$ -$ -$ -$ -$ Total Use of Funds574,630$ 148,710$ 151,670$ 154,700$ 157,840$ Net Change(376,906)$ 65,841$ 63,868$ 61,797$ 59,583$ Beginning Fund Balance514,963$ 138,057$ 203,898$ 267,767$ 329,563$ Ending Fund Balance138,057$ 203,898$ 267,767$ 329,563$ 389,147$ 2733
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CITY OF APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
2018-2022
Section 3
5 Year CIP Tables
35
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36
CITY OF APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
2018-2022
2018
Projects
37
City of Apple ValleyCapital Improvements Program 2018-20222018 ProjectsDeptDivision SiteProject NameGeneral FundMunicipal Building FundFuture Capital Projects Fund Ice Arena Golf LiquorOld City Hall Fund Water Utility Cemetery Fund Other Govt Other Sources Total FundingBuilding and Facility ImprovementsCity Hall City Hall City Hall City Hall boiler and HVAC273,000$ 273,000$ City Hall City Hall City Hall City Hall residing and painting21,100$ 21,100$ City Hall City Hall City Hall City Hall restroom rennovation30,400$ 30,400$ City Hall City Hall City Hall City Hall retaining wall and landscape34,800$ 34,800$ City Hall City Hall City Hall City Hall roof (Sections 2 and 7)45,050$ 45,050$ City Hall City Hall City Hall City Hall windows (former garage)24,400$ 24,400$ Fire Fire F Station Fire Station 1 apparatus bay floor 30,000$ 30,000$ Fire Fire F Station Fire Station 3 carpet replacement 10,000$ 10,000$ Fire Fire F Station Fire station reconfigurations 500,000$ 500,000$ Fire HVAC Ameresco Fire Station RTU22,406$ 22,406$ Liquor Signage LS 3 Store 3 reader board/ sign75,000$ 75,000$ Muni Cntr HVAC Ameresco Municipal Center building automation controls 69,934$ 69,934$ Muni Cntr HVAC Ameresco Municipal Center PD boilers 320,870$ 320,870$ Muni Cntr HVAC Ameresco Various building mechanical insulation 56,163$ 56,163$ Muni Cntr Lights Ameresco Various building audit and design 35,000$ 35,000$ Muni Cntr Lights Ameresco Various building LED lights 637,237$ 637,237$ Muni Cntr Water Ameresco Various building water conservation 19,574$ 19,574$ Parks Arena Ameresco Hayes Arena LED lighting45,261$ 45,261$ Parks Arena Hayes Hayes Arena roof200,000$ 200,000$ Parks ArenaSports ArenSports Arena R-22 system900,000$ 900,000$ 1,800,000$ Parks Comm Cntr Ameresco Comm Cntr boilers182,254$ 182,254$ Parks Comm CntrComm CntrComm Cntr flooring various rooms35,000$ 35,000$ Parks Comm CntrComm CntrComm Cntr hardwood gym curtains45,000$ 45,000$ Parks Comm CntrComm CntrComm Cntr sport court gym roof100,000$ 100,000$ Parks Comm Cntr Senior CntSenior Cntr banquet chairs15,000$ 15,000$ Parks Comm Cntr Senior CntSenior Cntr interior painting high traffic5,000$ 5,000$ Parks Golf Golf Valleywood banquet/bar/patio furniture5,000$ 5,000$ Parks Golf Golf Valleywood ceremony chairs5,000$ 5,000$ Parks Golf Golf Valleywood refrigerator4,000$ 4,000$ Parks Pools Ameresco Aquatic Cntr boilers338,214$ 338,214$ Parks Pools FAC Aquatic center reroof55,000$ 55,000$ Parks Pools FAC Aquatic Cntr funbrellas20,000$ 20,000$ Parks Pools FAC Aquatic Cntr waterslide200,000$ 200,000$ Parks Pools Redwood Redwood building improvements20,000$ 20,000$ Pub Wrks Buildings CMF CMF North & West Lot chip seal15,000$ 15,000$ Pub Wrks Buildings CMF CMF Southfork vehicle storage floor47,000$ 47,000$ Pub Wrks Buildings CMF CMF windows, doors, OH doors20,000$ 20,000$ Pub Wrks Cemetery Cemetery Cemetery boundary fence200,000$ 200,000$ Pub Wrks Cemetery Cemetery Cemetery internal roads175,000$ 175,000$ Pub Wrks Cemetery Cemetery Cemetery replat16,000$ 16,000$ Pub Wrks Cemetery Cemetery Cemetery tree plantings9,500$ 9,500$ Pub Wrks HVAC Ameresco Water Treatment Plant boiler55,088$ 55,088$ Pub Wrks HVAC CMF CMF CoRayVac program thermostat cntrl6,000$ 6,000$ Subtotal75,000$ 548,000$ 2,181,652$ 1,145,261$ 14,000$ 75,000$ 428,750$ 55,088$ 400,500$ 900,000$ 5,823,251$ Capital TechnologyCity Clerk Elections Tech Pollbooks55,500$ 55,500$ 111,000$ City Clerk Elections TechVoting tabulation equipment27,940$ 27,940$ Info Tech Network Tech IT servers, networking, pc's, etc.90,400$ 90,400$ Info Tech Network Tech IT software & network licenses172,765$ 172,765$ Info Tech Network Tech IT special projects24,700$ 24,700$ Info Tech Network Tech UPS replacement45,000$ 45,000$ Parks Golf Tech Valleywood A/V equipment5,000$ 5,000$ Subtotal343,365$ 27,940$ 5,000$ -$ 55,500$ 45,000$ 476,805$ 38
City of Apple ValleyCapital Improvements Program 2018-20222018 ProjectsDeptDivision SiteProject NameGeneral FundVERF Charges - (Internal Service Fund)Equip / VERF Expense Ice Arena Golf Water UtilitySan. Sewer UtilityStorm Drainage Utility Other Sources Total FundingFleet Vehicles and Equipment (appendix B)Com Dev Code Fleet Code Enforcement VERF Charge2,540$ 2,540$ Com Dev Code Fleet Code Enforcment vehicles & equipment-$ Fire Fleet Fire Fire vehicles & equipment876,700$ 876,700$ Fire Fleet Fire Fire VERF charge321,000$ 321,000$ Muni Cntr Fleet Muni Cntr Municipal Center vehicles & equipment-$ Muni Cntr Fleet Muni Cntr Municipal Center VERF charge2,620$ 2,620$ Parks Arena Hayes Hayes Arena lift12,000$ 12,000$ Parks Fleet Golf Valleywood cart lease annual payment45,000$ 45,000$ Parks Fleet Golf Valleywood vehicles & equipment155,000$ 155,000$ Parks Fleet Park Mnt Parks Maint vehicles & equipment180,500$ 180,500$ Parks Fleet Park Mnt Parks Maint VERF charge231,000$ 231,000$ Police Fleet Patrol Police vehicles & equipment750,100$ 750,100$ Police Fleet Patrol Police VERF charge196,870$ 196,870$ Pub Wrks FleetEngineeringEngineering vehicles & equipment-$ -$ Pub Wrks FleetEngineeringEngineering VERF charge10,250$ 10,250$ Pub Wrks Fleet Fleet Fleet Maint vehicles & equipment-$ -$ Pub Wrks Fleet Fleet Fleet Maint VERF charge2,850$ 2,850$ Pub Wrks FleetInspectionsBuilding Inspections vehicles & equipment27,500$ -$ 27,500$ Pub Wrks FleetInspectionsBuilding Inspections VERF charge12,600$ 12,600$ Pub Wrks Fleet Nat Res Natural Resources vehicles & equipment23,800$ 23,800$ Pub Wrks Fleet Nat Res Natural Resources VERF charge4,450$ 4,450$ Pub Wrks Fleet Sewer Sewer jetter # 402280,000$ 280,000$ Pub Wrks Fleet Storm DU Storm Utility vehicles & equipment23,800$ 23,800$ Pub Wrks Fleet Storm DU Sweeper # 324235,000$ 235,000$ Pub Wrks Fleet Streets Streets vehicles & equipment501,300$ 501,300$ Pub Wrks Fleet Streets Streets VERF charge185,000$ 185,000$ Pub Wrks Fleet Utilities JD 997 mower11,000$ 11,000$ Pub Wrks Fleet Water Replace 3/4 Ton Pickup #40635,700$ 35,700$ Subtotal969,180$ 2,332,400$ 12,000$ 200,000$ 46,700$ 280,000$ 258,800$ 4,099,080$ Parks, Playgrounds, Paths, Open SpaceParks Park Mnt Fields Park, backstops55,000$ 55,000$ Parks Park Mnt Rinks Park, Valley Middle ice rink13,000$ 13,000$ Parks Park Mnt Trails Greenway underpasses600,000$ 600,000$ Parks Park Mnt Trails Park trail overlays45,000$ 45,000$ Subtotal113,000$ 600,000$ 713,000$ Ponds, Natural Resources, and EnvironmentPub Wrks Storm DU Ponds Briar Oaks improvements70,000$ 70,000$ Pub Wrks Storm DU Ponds Falcon Ridge rain garden (tennis courts)20,000$ 20,000$ Pub Wrks Storm DU Ponds Pond easement acquisition50,000$ 50,000$ Pub Wrks Storm DU Ponds Storm pond sediment removal65,000$ 65,000$ Subtotal205,000$ 205,000$ 39
City of Apple ValleyCapital Improvements Program 2018-20222018 ProjectsDeptDivision SiteProject NameGeneral FundSpecial Assessments Water UtilitySan. Sewer UtilityStorm Drainage UtilityStreet Light UtilityRoad Improvement MSA MaintenanceMSA ConstructionMuncipal State Aid Cemetery Fund Other Govt Total FundingStreet and Utility ImprovementsFinance FinanceSubdivision improvements100,000$ 100,000$ Pub Wrks FeedbackGarden View driver feedback sign20,000$ 20,000$ Pub Wrks Signal SR 05 City signal upgrade 140th @ Galaxie200,000$ 200,000$ 200,000$ Pub Wrks Signal SR 06 City signal right turn lanes 140th @ Galaxie250,000$ 250,000$ 250,000$ Pub Wrks Signal SR 11 DC signal design CSAH 31 /CSAH 46 upgrade115,000$ 115,000$ 115,000$ Pub Wrks Street Imp SR 01 Street project G/F levy allocation3,417,000$ (3,417,000)$ -$ Pub Wrks Street Imp SR 03 Street proj, Rdwd Dr, Cir, Ct & Keller Lake Dr404,000$ 365,000$ 396,000$ 935,568$ 2,100,568$ Pub Wrks Street Imp SR 04 Street proj, AV 12th562,706$ 499,545$ 31,600$ 761,391$ 1,855,242$ Pub Wrks Street Imp SR 05 Street proj, Rdwd Dr/ Whitney Pnd storm bypass100,000$ 100,000$ Pub Wrks Street Imp SR 08 Street proj, 133rd St Ct / 134th St Ct88,000$ 30,000$ 1,194,200$ 1,312,200$ Pub Wrks Street Imp SR 13 Street proj, road widening CSAH 3817,000$ 272,000$ 272,000$ 3,525,800$ 3,814,800$ Pub Wrks Street Imp SR 15 Street overlay/resurfacing400,000$ 400,000$ Pub Wrks Street Imp SR 17 ADA Transition Plan40,000$ 40,000$ Pub Wrks Street Imp SR 18 Street microsurface/ crack sealing566,500$ 566,500$ 566,500$ Pub Wrks Street Imp152nd St and Embry Path curb bump-out18,270$ 18,270$ Pub Wrks Street ImpAnnual Ring Route concrete repairs50,000$ 50,000$ Pub Wrks Street ImpKelley Park accessible parking stalls36,000$ 36,000$ Pub Wrks Street ImpLift 10 driveway replacement6,000$ 6,000$ Pub Wrks Street ImpUpper 147th St turn lane (Uponor) & sidewalk65,821$ 15,000$ 80,821$ Pub WrksStreet ImpWater main break street patching50,000$ 50,000$ Pub Wrks Lights Ameresco Cedar Ave LED street lights135,827$ 135,827$ Pub Wrks Street Imp SR 19 Trail resurfacing170,000$ 170,000$ Subtotal3,477,000$ 165,821$ 1,016,706$ 958,545$ 557,600$ 152,827$ 163,429$ 566,500$ 837,000$ 1,403,500$ 3,525,800$ 11,421,228$ Utility Infrastructure PreservationPub Wrks Lights UI 05 Ring Route street light painting16,000$ 16,000$ Pub Wrks San Sewer UI 06 Lift 1 pump replacement (2 of 3)60,000$ 60,000$ Pub Wrks San SewerLift 7 controls and landscape/ sidewalk upgrade40,000$ 40,000$ Pub Wrks San SewerMH inspection camera18,000$ 18,000$ Pub Wrks Storm DU UI 12 General stormwater improvements100,000$ 100,000$ Pub Wrks Storm DUAVHS storm sewer realignment150,000$ 150,000$ Pub Wrks Storm DUFarquar storm lift lining temp repairs20,000$ 20,000$ Pub Wrks Storm DUHunter Woods SCADA addition30,000$ 30,000$ Pub Wrks Storm DUScout Lake aerator electric panel6,000$ 6,000$ Pub Wrks Water UI 01 Well Maint Wells 1, 2 and 18130,000$ 130,000$ Pub Wrks Water UI 02 WTP Pump Maint - LZP114,000$ 14,000$ Pub Wrks Water UI 03 Water meter system replacement 3 of 32,000,000$ 2,000,000$ Pub Wrks Water UI 04 Water Reservoir Maint Nordic8,500$ 8,500$ Pub Wrks Water UI 07 Water Longridge/Harwell corrosion mitigation300,000$ 300,000$ Pub Wrks Water UI 08 Gate valve replacements25,000$ 25,000$ Pub Wrks WaterUI 09Asset Management software50,000$ 17,000$ 17,000$ 17,000$ 17,000$ 17,000$ 135,000$ Pub Wrks Water UI 10 Fiber network extension40,000$ 40,000$ 80,000$ Pub Wrks WaterBooster station pump inspection14,000$ 14,000$ Pub Wrks WaterHydraulic valve operation wrench replacement10,000$ 10,000$ Pub Wrks WaterPalomino Tower landscape and paving25,000$ 25,000$ Pub Wrks WaterQuarry Point Tower fence extension25,000$ 25,000$ Pub Wrks WaterWell 5 replace air conditioner15,000$ 15,000$ Pub Wrks WaterWell 8 phone to fiber upgrade25,000$ 25,000$ Pub Wrks WaterWTP generator room heater modifications20,000$ 20,000$ Pub Wrks WaterWTP NaMnO4 piping modifications13,000$ 13,000$ Pub Wrks WaterWTP pumping chamber ladder replacement10,000$ 10,000$ Pub Wrks WaterWTP TEGG repairs11,000$ 11,000$ Subtotal50,000$ 2,702,500$ 175,000$ 323,000$ 33,000$ 17,000$ 3,300,500$ 40
CITY OF APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
2018-2022
2019
Projects
41
City of Apple ValleyCapital Improvements Program 2018-20222019 ProjectsDeptDivision SiteProject NameGeneral FundMunicipal Building FundFuture Capital Projects Fund Ice ArenaGolf Cemetery Fund Total FundingBuilding and Facility ImprovementsFireFireF Station Fire Station 1 training room carpet6,000$ 6,000$ FireFireF Station Fire Station 3 apparatus bay floor30,000$ 30,000$ Muni Cntr Muni Cntr Muni Cntr DC Govt. Cntr entrance reconstruct/ parking lot overlay120,000$ 120,000$ Muni Cntr Muni Cntr Muni Cntr Municipal Center PD training room area 56,000$ 56,000$ Muni Cntr Muni Cntr Muni Cntr Municipal Center recarpet 200,000$ 200,000$ Parks Comm Cntr Comm Cntr Comm Cntr restroom/locker room flooring 100,000$ 100,000$ Parks Comm Cntr Comm Cntr Comm Cntr restroom/locker room partitions 80,000$ 80,000$ Parks Comm Cntr Senior Cnt Senior Center tables and chairs 15,000$ 15,000$ Parks Comm Cntr Senior Cnt Senior Cntr building upgrades 35,000$ 35,000$ Parks Comm Cntr Teen Cntr Teen Cntr minor improvements 12,500$ 12,500$ Parks Golf Golf Valleywood building security10,000$ 10,000$ Parks Golf Golf Valleywood clubhouse & exterior lighting10,000$ 10,000$ Parks Golf Golf Valleywood dance floor4,000$ 4,000$ Parks Park Mnt JCRPE JCRPE Soccer Stadium roof 6,000$ 6,000$ Parks Pools FAC Aquatic Cntr waterslide 150,000$ 150,000$ Parks Pools FAC Diamond Brite diving well 200,000$ 200,000$ Parks Pools FAC FAC concessions improvements 10,000$ 10,000$ Parks Security Comm Cntr Comm Center security card readers 14,400$ 14,400$ Parks Security Hayes Hayes Arena security card readers15,000$ 15,000$ Pub Wrks Buildings CMF CMF hallway tile flooring 12,000$ 12,000$ Pub Wrks Buildings CMF CMF old washbay conversion 27,000$ 27,000$ Pub Wrks Buildings CMF CMF restrooms 20,000$ 20,000$ Pub Wrks Buildings CMF CMF roof section 30,000$ 30,000$ Pub Wrks Cemetery Cemetery Cemetery burial structure50,000$ 50,000$ Pub WrksCemetery CemeteryCemetery driveway from Embry220,000$ 220,000$ Pub Wrks Cemetery Cemetery Cemetery security cameras5,000$ 5,000$ Pub Wrks Cemetery Cemetery Columbarium50,000$ 50,000$ Subtotal287,900$ 716,000$ 120,000$ 15,000$ 24,000$ 325,000$ 1,487,900$ Capital TechnologyInfo Tech NetworkTech IT servers, networking, pc's, etc.124,000$ 124,000$ Info Tech NetworkTech IT software & network licenses169,365$ 169,365$ Info Tech NetworkTech IT special projects45,000$ 45,000$ Subtotal338,365$ 338,365$ 42
City of Apple ValleyCapital Improvements Program 2018-20222019 ProjectsDeptDivision SiteProject NameGeneral FundVERF Charges - (Internal Service Fund)Equip / VERF ExpenseGolf Water UtilitySan. Sewer UtilityStorm Drainage Utility Other Sources Total FundingFleet Vehicles and Equipment (appendix B)Com Dev Code Fleet Code Enforcement VERF Charge2,540$ 2,540$ Com Dev Code Fleet Code Enforcment vehicles & equipment-$ Fire Fleet Fire Fire vehicles & equipment71,800$ 71,800$ Fire Fleet Fire Fire VERF charge353,100$ 353,100$ Muni Cntr Fleet Muni Cntr Municipal Center vehicles & equipment-$ Muni Cntr Fleet Muni Cntr Municipal Center VERF charge2,620$ 2,620$ Parks Fleet Golf Valleywood cart lease annual payment45,000$ 45,000$ Parks Fleet Golf Valleywood vehicles & equipment175,000$ 175,000$ Parks Fleet Park Mnt Parks Maint vehicles & equipment293,900$ 293,900$ Parks Fleet Park Mnt Parks Maint VERF charge236,780$ 236,780$ Police Fleet Patrol Police vehicles & equipment116,800$ 116,800$ Police Fleet Patrol Police VERF charge238,220$ 238,220$ Pub Wrks FleetEngineeringEngineering vehicles & equipment-$ -$ Pub Wrks FleetEngineeringEngineering VERF charge10,250$ 10,250$ Pub Wrks Fleet Fleet Fleet Maint vehicles & equipment-$ -$ Pub Wrks Fleet Fleet Fleet Maint VERF charge2,850$ 2,850$ Pub Wrks FleetInspectionsBuilding Inspections vehicles & equipment-$ -$ Pub Wrks FleetInspectionsBuilding Inspections VERF charge12,600$ 12,600$ Pub Wrks Fleet Nat Res Natural Resources vehicles & equipment-$ -$ Pub Wrks Fleet Nat Res Natural Resources VERF charge4,500$ 4,500$ Pub Wrks Fleet Storm DU Storm Utility vehicles & equipment # 60423,200$ 23,200$ Pub Wrks Fleet Streets Sewer Jet/ vac215,000$ 215,000$ 430,000$ Pub Wrks Fleet Streets Snow pushers for Versatile machines (2)18,000$ 18,000$ Pub Wrks Fleet Streets Streets vehicles & equipment322,700$ 322,700$ Pub Wrks Fleet Streets Streets VERF charge185,000$ 185,000$ Pub Wrks Fleet Utilities Water Pickups # 419, #42178,000$ 78,000$ Subtotal18,000$ 1,048,460$ 805,200$ 220,000$ 78,000$ 215,000$ 238,200$ 2,622,860$ Parks, Playgrounds, Paths, Open SpaceParks Park Mnt Forests Park reforestation10,000$ 10,000$ Parks Park Mnt Play Park plastic playground timbers15,000$ 15,000$ Parks Park Mnt Play Park play structure100,000$ 100,000$ Parks Park Mnt Trails Greenway underpasses600,000$ 600,000$ Parks Park Mnt Trails Park trail overlays40,000$ 40,000$ Subtotal165,000$ 600,000$ 765,000$ Ponds, Natural Resources, and EnvironmentPub Wrks Storm DU Lakes Alimagnet lake retrofits (AL-P3)40,000$ 40,000$ 80,000$ Pub Wrks Storm DU Ponds Pond easement acquisition50,000$ 50,000$ Pub Wrks Storm DU Ponds Storm pond sediment removal50,000$ 50,000$ Subtotal140,000$ 40,000$ 180,000$ 43
City of Apple ValleyCapital Improvements Program 2018-20222019 ProjectsDeptDivision SiteProject NameGeneral FundFuture Capital Projects Fund TIF FundingSpecial Assessments Water UtilitySan. Sewer UtilityStorm Drainage UtilityStreet Light UtilityRoad Improvement Muncipal State Aid Cemetery Fund Grant Funding Other Govt Total FundingStreet and Utility ImprovementsFinance FinanceSubdivision improvements100,000$ 100,000$ Pub Wrks Signal SR 06 City signal install 147th @ JCRR125,000$ 125,000$ 250,000$ 500,000$ Pub Wrks Signal SR 06 DC signal CSAH 42 @ JCRR250,000$ 250,000$ Pub Wrks Street Imp SR 01 Street project G/F levy allocation3,417,000$ (3,417,000)$ -$ Pub Wrks Street Imp SR 03 Street proj, Apple Valley 11th and 12th915,247$ 959,454$ 637,920$ 25,000$ 1,957,836$ 4,495,457$ Pub Wrks Street Imp SR 07 Street proj, JCRR, Lapaz 2nd692,787$ 186,931$ 311,450$ 88,687$ 1,209,490$ 2,116,000$ 1,597,000$ 430,443$ 6,632,788$ Pub Wrks Street Imp SR 09 Trail rehabilitation32,000$ 49,000$ 81,000$ Pub Wrks Street Imp SR 10 Street overlay/resurfacing (142nd St)408,000$ 408,000$ Pub Wrks Street Imp SR 11 Street microsurface/ crack sealing583,000$ 583,000$ Pub Wrks Street Imp SR 16 Cedar Ave. Entrance Monument60,000$ 60,000$ Pub Wrks Street Imp147th and Glazier intersection improvements1,200,000$ 500,000$ 1,700,000$ Pub Wrks Street ImpAnnual Ring Route concrete repairs50,000$ 50,000$ Pub Wrks Street ImpCedar Ave. pedestrian connections20,000$ 80,000$ 100,000$ Pub Wrks Street ImpCSAH 11 traffic signal (CSAH 38 and 140th)88,000$ 262,000$ 350,000$ Pub Wrks Street ImpHAWK traffic signal at Greenleaf on Galaxie200,000$ 200,000$ Pub Wrks Street ImpWater main break street patching50,000$ 50,000$ Subtotal3,437,000$ 60,000$ 1,200,000$ 975,000$ 1,658,034$ 1,146,385$ 949,370$ 113,687$ 240,326$ 2,912,000$ 2,047,000$ 821,443$ 15,560,245$ Utility Infrastructure PreservationPub Wrks Lights UI 10 Ring Route street light painting16,000$ 16,000$ Pub Wrks San Sewer UI 06 Lift 1 pump replacement (3 of 3)60,000$ 60,000$ Pub Wrks San SewerIntercommunity flow meter w Eagan35,000$ 35,000$ Pub Wrks Storm DU UI 12 General stormwater improvements100,000$ 100,000$ Pub Wrks Storm DUAlimagnet weed/ leaf device30,000$ 30,000$ Pub Wrks Water UI 01 Well Maint Wells 6, 11, 20140,000$ 140,000$ Pub Wrks Water UI 02 WTP Pump Maint - LZP415,000$ 15,000$ Pub Wrks Water UI 03 Nordic Booster Station pump rehab30,000$ 30,000$ Pub Wrks Water UI 04 Water meter system replacement finalize2,000,000$ 2,000,000$ Pub Wrks Water UI 09 Fiber network extension40,000$ 40,000$ 80,000$ Pub Wrks Water UI 11 Gate valve replacements25,000$ 25,000$ Pub Wrks Water UI 09 Asset Management software20,000$ 7,000$ 7,000$ 7,000$ 7,000$ 7,000$ 55,000$ Pub Wrks WaterLongridge/ Harwell corrosion mitigation900,000$ 900,000$ Pub Wrks WaterNordic Booster Station pump inspection14,000$ 14,000$ Pub Wrks WaterPalomino Reservoir emergency electrical5,000$ 5,000$ Pub Wrks WaterWTP deicing cables21,500$ 21,500$ Subtotal20,000$ 3,197,500$ 142,000$ 137,000$ 23,000$ 7,000$ 3,526,500$ 44
CITY OF APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
2018-2022
2020
Projects
45
City of Apple ValleyCapital Improvements Program 2018-20222020 ProjectsDeptDivision SiteProject NameGeneral FundMunicipal Building FundFuture Capital Projects FundGO/Revenue Bonds Ice Arena Cemetery Fund Total FundingBuilding and Facility ImprovementsFireFire F Station Fire Station 1 roof replacement61,000$ 61,000$ FireFire F Station Fire Station 2 apparatus bay floor30,000$ 30,000$ FireFire F Station Fire Station 2 roof relacement44,500$ 44,500$ FireFire F Station Fire Station reconfiguration construction4,500,000$ 4,500,000$ Muni Cntr HVAC Muni Cntr Municipal Center PD HVAC phase 260,000$ 60,000$ Muni Cntr Muni Cntr Muni Cntr Municipal Center PD recarpet150,000$ 150,000$ Parks Arena AVSA Sports Arena lobby enclosure50,000$ 50,000$ Parks Arena AVSA Sports Arena rental skates7,500$ 7,500$ Parks Arena Hayes Hayes Arena cooling tower90,000$ 90,000$ Parks Comm CntrComm Cnt Comm Cntr rental room tables & chairs6,000$ 6,000$ Parks Comm CntrComm Cnt Comm Cntr sport court gym divider curtains45,000$ 45,000$ Parks Comm Cntr Senior CntSenior Center boiler25,000$ 25,000$ Parks Comm Cntr Teen Cntr Teen Cntr minor improvements10,000$ 10,000$ Parks Park Mnt JCRPE JCPRE new maintenance facility750,000$ 750,000$ Parks Park Mnt JCRPE JCRPE Legion Field roof6,000$ 6,000$ Parks Park Mnt JCRPE JCRPE restroom facility60,000$ 60,000$ Parks SecurityComm Cnt Community Center card access readers15,000$ 15,000$ Parks Park Mnt JCRPE JCRPE new LED lighting900,000$ 900,000$ Pub Wrks Buildings CMF CMF building windows20,000$ 20,000$ Pub Wrks Buildings CMF CMF vehicle hoists Bay #327,000$ 27,000$ Pub Wrks Cemetery Cemetery Cemetery Master Plan improvmeents70,000$ 70,000$ Subtotal86,000$ 473,500$ 6,150,000$ -$ 147,500$ 70,000$ 6,927,000$ Capital TechnologyInfo Tech Network Tech IT servers, networking, pc's, etc.105,000$ 105,000$ Info Tech Network Tech IT software & network licenses175,000$ 175,000$ Info Tech Network Tech IT special projects70,000$ 70,000$ Parks Comm Cntr Tech Comm Cntr rental room audio/visual equip10,000$ 10,000$ Parks Comm Cntr Tech Senior Cntr audio/visual equipment20,000$ 20,000$ Subtotal380,000$ -$ 380,000$ 46
City of Apple ValleyCapital Improvements Program 2018-20222020 ProjectsDeptDivision SiteProject NameGeneral FundVERF Charges - (Internal Service Fund)Equip / VERF ExpensePark Dedication Ice ArenaGolfWater UtilitySan. Sewer UtilityStorm Drainage Utility Other SourcesTotal FundingFleet Vehicles and Equipment (appendix B)Com Dev Code Fleet Code Enforcement VERF Charge 2,665$ 2,665$ Com Dev Code Fleet Code Enforcment vehicles & equipment-$ Fire Fleet Fire Fire vehicles & equipment94,600$ 94,600$ Fire Fleet Fire Fire VERF charge 388,410$ 388,410$ Muni Cntr Fleet Muni Cntr Municipal Center vehicles & equipment-$ Muni Cntr Fleet Muni Cntr Municipal Center VERF charge 2,760$ 2,760$ Parks Arena Hayes Hayes Arena ice resurfacer135,000$ 135,000$ Parks Fleet Golf Valleywood cart lease annual payment45,000$ 45,000$ Parks Fleet Golf Valleywood vehicles & equipment85,000$ 85,000$ Parks Fleet Park Mnt Parks Maint vehicles & equipment 142,400$ 142,400$ Parks Fleet Park Mnt Parks Maint VERF charge 236,700$ 236,700$ Police Fleet Patrol Police vehicles & equipment 330,300$ 330,300$ Police Fleet Patrol Police VERF charge 279,900$ 279,900$ Pub Wrks FleetEngineeringEngineering vehicles & equipment-$ -$ Pub Wrks FleetEngineeringEngineering VERF charge10,770$ 10,770$ Pub Wrks Fleet F 08 Streets wire feed welder9,500$ -9,500$ Pub Wrks Fleet Fleet Fleet Maint vehicles & equipment-$ -$ Pub Wrks Fleet Fleet Fleet Maint VERF charge5,990$ 5,990$ Pub Wrks FleetInspectionsBuilding Inspections vehicles & equipment-$ -$ Pub Wrks FleetInspectionsBuilding Inspections VERF charge13,240$ 13,240$ Pub Wrks Fleet Nat Res Natural Resources vehicles & equipment-$ -$ Pub Wrks Fleet Nat Res Natural Resources VERF charge4,670$ 4,670$ Pub Wrks Fleet Storm DU Storm Utility vehicles & equipment-$ Pub Wrks Fleet Streets Streets vehicles & equipment166,100$ 166,100$ Pub Wrks Fleet Streets Streets VERF charge194,370$ 194,370$ Pub Wrks Fleet Utilities Sewer vehicles #41837,500$ 37,500$ Pub Wrks Fleet Water 3/4 ton pick-up # 40837,500$ 37,500$ Subtotal9,500$ 1,139,475$ 733,400$ 135,000$ 130,000$ 37,500$ 37,500$ 2,222,375$ Parks, Playgrounds, Paths, Open SpaceParks Park Mnt Fields Park, Tintah soccer field irrigation40,000$ 40,000$ Parks Park Mnt Forests Park reforestation10,000$ 10,000$ Parks Park Mnt JCRPE Park, JCRPE sewer connection to 142nd250,000$ 250,000$ Parks Park Mnt Play Park play structure75,000$ 75,000$ Parks Park Mnt Trails Greenway underpasses600,000$ 600,000$ Parks Park Mnt Trails Park trail overlays40,000$ 40,000$ Subtotal165,000$ 250,000$ 600,000$ 1,015,000$ Ponds, Natural Resources, and EnvironmentPub Wrks Storm DU Ponds Erickson Park stormwater improvements (Long/ Farquar)130,000$ 130,000$ Pub Wrks Storm DU Ponds Pond easement acquisition50,000$ 50,000$ Pub Wrks Storm DU Ponds Storm pond sediment removal52,000$ 52,000$ Pub Wrks Storm DU Ponds Storm water monitoring improvements (Keller Lake)69,000$ 69,000$ Pub Wrks Storm DU Ponds Sunset Pond improvements (Alimagnet)50,000$ 50,000$ Subtotal351,000$ 351,000$ 47
City of Apple ValleyCapital Improvements Program 2018-20222020 ProjectsDeptDivision SiteProject NameGeneral FundFuture Capital Projects FundSpecial Assessments Water UtilitySan. Sewer UtilityStorm Drainage UtilityStreet Light UtilityRoad Improvement Muncipal State Aid Grant Funding Other Govt Total FundingStreet and Utility ImprovementsFinance Finance Subdivision improvements100,000$ 100,000$ Pub Wrks Street Imp SR 01 Street project G/F levy allocation 3,520,000$ (3,520,000)$ -$ Pub Wrks Street Imp SR 04 Street proj, Cimmarron Rd700,000$ 540,000$ 720,000$ 25,000$ 1,500,000$ 3,485,000$ Pub Wrks Street Imp SR 05 Street proj, North and South Surrey Trail600,000$ 420,000$ 420,000$ 25,000$ 900,000$ 2,365,000$ Pub Wrks Street Imp SR 06 Street proj, Garden View Dr - CR 42 to Whitney 600,000$ 400,000$ 400,000$ 850,000$ 2,250,000$ Pub Wrks Street Imp SR 07 Street overlay/resurfacing416,000$ 950,000$ 1,366,000$ Pub Wrks Street Imp SR 09 Pedestrian overpass Cedar @ 147th 400,000$ 3,300,000$ 3,700,000$ Pub Wrks Street Imp SR 09 Street microsurface/ crack sealing599,500$ 599,500$ Pub Wrks Street Imp Annual Ring Route concrete repairs50,000$ 50,000$ Pub Wrks Street Imp County signal JCRR at 157th St 250,000$ 250,000$ Pub Wrks Street Imp County signal JCRR at CR 46 250,000$ 250,000$ Pub Wrks Street Imp Ring Route monument replacement72,000$ 72,000$ Pub Wrks Street Imp Traffic signal Galaxie Ave at 132nd400,000$ 400,000$ Pub Wrks Street Imp Trail on 140th St south side Galaxie to Cedar300,000$ 400,000$ 700,000$ Pub Wrks Street Imp Trail resurfacing100,000$ 80,000$ 180,000$ Pub Wrks Street Imp Water main break street patching50,000$ 50,000$ Subtotal 3,520,000$ 400,000$ 600,000$ 1,950,000$ 1,360,000$ 1,540,000$ 50,000$ (182,000)$ 2,799,500$ 3,700,000$ 80,000$ 15,817,500$ Utility Infrastructure PreservationPub Wrks Lights UI 04 Ring Route street light painting16,000$ 16,000$ Pub Wrks Storm DU UI 05 Lift Station, Storm No. 3 (Farquar) Rehab850,000$ 850,000$ Pub Wrks Storm DU UI 07 General stormwater improvements100,000$ 100,000$ Pub Wrks Water UI 01 Well Maint Wells 4, 13 and 16155,000$ 155,000$ Pub Wrks Water UI 02 WTP Pump Maint - HZP416,000$ 16,000$ Pub Wrks Water UI 03 Pressure station rehab GVD & 137th St100,000$ 100,000$ Pub Wrks Water UI 03 Water Reservoir Maint Longridge900,000$ 900,000$ Pub Wrks Water UI 05 Fiber network extension40,000$ 40,000$ 80,000$ Pub Wrks Water UI 06 Gate valve replacements30,000$ 30,000$ Pub Wrks Water UI 06 Water Reservoir Maint Quarry Pt140,000$ 140,000$ Pub Wrks WaterNordic booster A/C replacement15,000$ 15,000$ Subtotal1,396,000$ 40,000$ 950,000$ 16,000$ 2,402,000$ 48
CITY OF APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
2018-2022
2021
Projects
49
City of Apple ValleyCapital Improvements Program 2018-20222021 ProjectsDeptDivision SiteProject NameGeneral FundMunicipal Building FundFuture Capital Projects Fund Ice Arena Cemetery Fund Total FundingBuilding and Facility ImprovementsFire Fire F Station Fire Station 3 roof relacement 43,500$ 43,500$ Muni Cntr Muni Cntr Muni Cntr Municipal Center Basement Office Expansion 500,000$ 500,000$ Muni Cntr Muni Cntr Muni Cntr Municipal Center campus add PD garage 3,000,000$ 3,000,000$ Muni Cntr Muni Cntr Muni Cntr Municipal Center roof replacement 150,000$ 150,000$ Parks Arena AVSA AVSA sound system15,000$ 15,000$ Parks Arena AVSA Sports Arena Tennis Courts150,000$ 150,000$ Parks Arena Hayes Hayes Arena artificial turf140,000$ 140,000$ Parks Arena Hayes Hayes Arena sound system30,000$ 30,000$ Parks Comm CntrComm CntrComm Cntr kitchen & conf room appliances7,000$ 7,000$ Parks Comm CntrComm CntrComm Cntr rental room tables & chairs6,000$ 6,000$ Parks Comm CntrComm CntrComm Cntr sport court gym main curtain45,000$ 45,000$ Parks Pools FAC Aquatic Cntr lifeguard sun protectors15,000$ 15,000$ Pub Wrks Buildings CMF CMF building windows9,500$ 9,500$ Pub Wrks Buildings CMF CMF vehicle hoists Bay #526,000$ 26,000$ Pub Wrks Cemetery Cemetery Cemetery Master Plan improvmeents25,000$ 25,000$ Pub Wrks HVAC CMF CMF Parks/ Storage bldg unit heater #216,000$ 16,000$ Pub Wrks HVAC CMF CMF Police/ Storage bldg unit heater #115,500$ 15,500$ Pub Wrks HVAC CMF CMF Streets / Storage bldg unit heater #316,000$ 16,000$ Subtotal108,500$ 741,000$ 3,000,000$ 335,000$ 25,000$ 4,209,500$ Capital TechnologyInfo Tech Network Tech IT servers, networking, pc's, etc.105,000$ 105,000$ Info Tech Network Tech IT software & network licenses175,000$ 175,000$ Info Tech Network Tech IT special projects70,000$ 70,000$ Subtotal350,000$ 350,000$ 50
City of Apple ValleyCapital Improvements Program 2018-20222021 ProjectsDeptDivision SiteProject NameGeneral FundVERF Charges - (Internal Service Fund)Equip / VERF ExpenseGolfSan. Sewer UtilityStorm Drainage Utility Other Sources Total FundingFleet Vehicles and Equipment (appendix B)Com Dev Code Fleet Code Enforcement VERF Charge 2,700$ 2,700$ Com Dev Code Fleet Code Enforcment vehicles & equipment-$ Fire Fleet Fire Fire vehicles & equipment 1,036,100$ 1,036,100$ Fire Fleet Fire Fire VERF charge 407,800$ 407,800$ Muni Cntr Fleet Muni Cntr Municipal Center vehicles & equipment-$ Muni Cntr Fleet Muni Cntr Municipal Center VERF charge 2,830$ 2,830$ Parks Fleet Golf Valleywood cart lease annual payment45,000$ 45,000$ Parks Fleet Golf Valleywood vehicles & equipment95,000$ 95,000$ Parks Fleet Park Mnt Parks Maint vehicles & equipment 279,000$ 279,000$ Parks Fleet Park Mnt Parks Maint VERF charge 236,700$ 236,700$ Police Fleet Patrol Police vehicles & equipment 276,500$ 276,500$ Police Fleet Patrol Police VERF charge 328,900$ 328,900$ Pub Wrks FleetEngineeringEngineering vehicles & equipment-$ -$ Pub Wrks FleetEngineeringEngineering VERF charge11,040$ 11,040$ Pub Wrks Fleet Fleet Fleet Maint vehicles & equipment-$ -$ Pub Wrks Fleet Fleet Fleet Maint VERF charge6,140$ 6,140$ Pub Wrks FleetInspectionsBuilding Inspections vehicles & equipment-$ -$ Pub Wrks FleetInspectionsBuilding Inspections VERF charge13,570$ 13,570$ Pub Wrks Fleet Nat Res Natural Resources vehicles & equipment-$ -$ Pub Wrks Fleet Nat Res Natural Resources VERF charge4,790$ 4,790$ Pub Wrks Fleet Sewer Message Board # 42719,200$ 19,200$ Pub Wrks Fleet Sewer Versa Vac # 40357,400$ 57,400$ Pub Wrks Fleet Storm DU Storm Utility vehicles & equipment-$ Pub Wrks Fleet Streets Streets vehicles & equipment108,200$ 108,200$ Pub Wrks Fleet Streets Streets VERF charge403,200$ 403,200$ Pub Wrks Fleet Utilities Water & Sewer vehicles & equipment-$ Pub Wrks Water Streets 3/4 ton pick-ups #412, 41477,000$ 77,000$ Subtotal1,417,670$ 1,699,800$ 140,000$ 153,600$ 3,411,070$ Parks, Playgrounds, Paths, Open SpaceParks Park Mnt Forests Park reforestation10,000$ 10,000$ Parks Park Mnt Play Park play structure (2)25,000$ 25,000$ Parks Park Mnt Trails Greenway underpasses600,000$ 600,000$ Parks Park Mnt Trails Park trail overlays40,000$ 40,000$ Subtotal75,000$ 600,000$ 675,000$ Ponds, Natural Resources, and EnvironmentPub Wrks Storm DU Ponds Alimagnet Park/ Edgewood & Refleciton Rd improvements30,000$ 30,000$ Pub Wrks Storm DU Ponds EVR-P7 & P55 outlet mods/ infiltration bench improvements82,000$ 82,000$ 164,000$ Pub Wrks Storm DU Ponds Pond easement acquisition50,000$ 50,000$ Pub Wrks Storm DU Ponds Regatta, JCRP & City Hall pond improvements150,000$ 150,000$ 300,000$ Pub Wrks Storm DU Ponds Storm pond sediment removal52,000$ 52,000$ Pub Wrks Storm DU Ponds Storm water monitoring improvements (Keller Lake)20,000$ 20,000$ Pub Wrks Storm DU Ponds Redwood Pond improvements (Keller Lake)250,000$ 250,000$ Subtotal634,000$ 232,000$ 866,000$ 51
City of Apple ValleyCapital Improvements Program 2018-20222021 ProjectsDeptDivision SiteProject NameGeneral FundSpecial Assessments Water UtilitySan. Sewer UtilityStorm Drainage UtilityStreet Light UtilityRoad Improvement Muncipal State Aid Other Govt Total FundingStreet and Utility ImprovementsFinance FinanceSubdivision improvements100,000$ 100,000$ Pub Wrks Street Imp SR 01 Street project G/F levy allocation3,625,000$ (3,625,000)$ -$ Pub Wrks Street Imp SR 03 Street proj, AV 3rd (Rdwd, Prk, Juniper)400,000$ 400,000$ 400,000$ 50,000$ 800,000$ 2,050,000$ Pub Wrks Street ImpStreet proj. Greenleaf 6th and 7th Phase 175,000$ 225,000$ 200,000$ 1,100,000$ 1,600,000$ Pub Wrks Street ImpStreet proj. 133rd St (Galaxie to Flagstaff)1,500,000$ 1,500,000$ Pub Wrks Street Imp SR 06 Street overlay/resurfacing564,166$ 564,166$ Pub Wrks Street Imp SR 07 Street microsurface/ crack sealing616,000$ 616,000$ Pub Wrks Street ImpAnnual Ring Route concrete repairs50,000$ 50,000$ Pub Wrks Street ImpCedar Ave/ Ring Route concrete & landscape20,000$ 10,000$ 30,000$ Pub Wrks Street ImpCSAH 42 traffic signal/ intersection/ ped upgrades3,537,000$ 5,310,000$ 8,847,000$ Pub Wrks Street ImpRing Route benches and trash bins81,000$ 81,000$ Pub Wrks Street ImpTrail resurfacing100,000$ 80,000$ 180,000$ Pub Wrks Street ImpWater main break street patching50,000$ 50,000$ Subtotal3,625,000$ 100,000$ 525,000$ 625,000$ 600,000$ 26,000$ 4,717,166$ 5,400,000$ 15,618,166$ Utility Infrastructure PreservationPub Wrks Lights UI 05 Ring Route street light painting17,000$ 17,000$ Pub Wrks Storm DU UI 07 General stormwater improvements110,000$ 110,000$ Pub Wrks Storm DUPilot Knob structural BMP device160,000$ 40,000$ 200,000$ Pub Wrks Water UI 01 Well Maint Wells 7, 9, and 19155,000$ 155,000$ Pub Wrks Water UI 02 WTP Pump Maint - HZP216,000$ 16,000$ Pub Wrks Water UI 03 Water Reservoir Maint Palomino200,000$ 200,000$ Pub Wrks WaterUI 04Well 1 & 3 electrical upgrade65,000$ 65,000$ Pub Wrks Water UI 05 Fiber network extension40,000$ 40,000$ 80,000$ Pub Wrks Water UI 06 Gate valve replacements30,000$ 30,000$ Pub Wrks WaterLongridge corrosion mitigation900,000$ 900,000$ Subtotal1,406,000$ 40,000$ 270,000$ 17,000$ 40,000$ 1,773,000$ 52
CITY OF APPLE VALLEY
CAPITAL IMPROVEMENTS PROGRAM
2018-2022
2022
Projects
53
City of Apple ValleyCapital Improvements Program 2018-20222022 ProjectsDeptDivision SiteProject NameGeneral FundMunicipal Building Fund Ice Arena Cemetery Fund Total FundingBuilding and Facility ImprovementsFire Fire F Station Fire Station 2 HVAC replacement50,000$ 50,000$ Fire Fire F Station Fire Station 3 HVAC replacement50,000$ 50,000$ Parks Arena AVSA Sports Arena low E ceiling80,000$ 80,000$ Parks Arena Hayes Hayes Arena access roade to refrigerator room50,000$ 50,000$ Parks Arena Hayes Hayes Arena dasher boards180,000$ 180,000$ Parks Comm CntrComm CntrCommunity Center entry doors50,000$ 50,000$ Parks Comm CntrComm CntrCommunity Center meeting room audio/ visual8,000$ 8,000$ Parks Comm Cntr Senior CntSenior Center banquest chairs and tables15,000$ 15,000$ Parks Comm Cntr Senior CntSenior Center concrete replacement40,000$ 40,000$ Parks Comm Cntr Senior CntSenior Center cove lighting change out8,000$ 8,000$ Parks Pools FAC Aquatic Cntr improvements to concessions15,000$ 15,000$ Parks Pools FAC Aquatic Center concessions appliances10,000$ 10,000$ Parks Pools FAC Aquatic Center play structure125,000$ 125,000$ Parks Pools FAC Aquatic Center rental cabanas20,000$ 20,000$ Parks Pools FAC Aquatic Center shade canopies (2)15,000$ 15,000$ Parks Pools FAC Aquatic Center walk-in cooler20,000$ 20,000$ Parks Pools Redwood Redwood pool and playground fencing40,000$ 40,000$ Pub Wrks Buildings CMF CMF small HVAC units30,000$ 30,000$ Pub Wrks Buildings CMF CMF windows, doors, OH doors40,000$ 40,000$ Pub Wrks Cemetery Cemetery Cemetery Master Plan improvmeents30,000$ 30,000$ Subtotal316,000$ 220,000$ 310,000$ 30,000$ 876,000$ Capital TechnologyInfo Tech Network Tech IT servers, networking, pc's, etc.105,000$ 105,000$ Info Tech Network Tech IT software & network licenses175,000$ 175,000$ Info Tech Network Tech IT special projects70,000$ 70,000$ Subtotal350,000$ 350,000$ 54
City of Apple ValleyCapital Improvements Program 2018-20222022 ProjectsDeptDivision SiteProject NameGeneral FundVERF Charges - (Internal Service Fund)Equip / VERF ExpenseGolf Water UtilitySan. Sewer UtilityStorm Drainage Utility Other Sources Total FundingFleet Vehicles and Equipment (appendix B)Com Dev Code Fleet Code Enforcement VERF Charge2,770$ 2,770$ Com Dev Code Fleet Code Enforcment vehicles & equipment-$ Fire Fleet Fire Fire vehicles & equipment318,100$ 318,100$ Fire Fleet Fire Fire VERF charge418,000$ 418,000$ Muni Cntr Fleet Muni Cntr Municipal Center vehicles & equipment28,700$ 28,700$ Muni Cntr Fleet Muni Cntr Municipal Center VERF charge2,900$ 2,900$ Parks Fleet Golf Valleywood cart lease annual payment45,000$ 45,000$ Parks Fleet Golf Valleywood vehicles & equipment120,000$ 120,000$ Parks Fleet Park Mnt Parks Maint vehicles & equipment44,300$ 44,300$ Parks Fleet Park Mnt Parks Maint VERF charge236,700$ 236,700$ Police Fleet Patrol Police vehicles & equipment69,800$ 69,800$ Police Fleet Patrol Police VERF charge337,100$ 337,100$ Pub Wrks FleetEngineeringEngineering vehicles & equipment27,700$ 27,700$ Pub Wrks FleetEngineeringEngineering VERF charge11,320$ 11,320$ Pub Wrks Fleet Fleet Fleet Maint vehicles & equipment24,300$ 24,300$ Pub Wrks Fleet Fleet Fleet Maint VERF charge6,290$ 6,290$ Pub Wrks FleetInspectionsBuilding Inspections vehicles & equipment-$ -$ Pub Wrks FleetInspectionsBuilding Inspections VERF charge13,910$ 13,910$ Pub Wrks Fleet Nat Res Natural Resources vehicles & equipment-$ -$ Pub Wrks Fleet Nat Res Natural Resources VERF charge4,910$ 4,910$ Pub Wrks Fleet Sewer 3/4 ton pick-up (No. 409)38,500$ 38,500$ Pub Wrks Fleet Storm DU Storm Utility vehicles & equipment-$ Pub Wrks Fleet Streets Streets vehicles & equipment632,500$ 632,500$ Pub Wrks Fleet Streets Streets VERF charge413,280$ 413,280$ Pub Wrks Fleet Utilities Water extended cab pick-up (No. 416)38,500$ 38,500$ Subtotal1,447,180$ 1,145,400$ 165,000$ 38,500$ 38,500$ 2,834,580$ Parks, Playgrounds, Paths, Open SpaceParks Park Mnt Courts Park, Scott Park tennis court150,000$ 150,000$ Parks Park Mnt JCRP Johnny Cake Ridge Park irrigation300,000$ 300,000$ Parks Park Mnt Play Park, misc small park backstops30,000$ 30,000$ Parks Park Mnt Play Park, play structures (2)130,000$ 130,000$ Parks Park Mnt Trails Park, trail overlays50,000$ 50,000$ Parks Park MntPark, reforestation10,000$ 10,000$ Subtotal670,000$ 670,000$ Ponds, Natural Resources, and EnvironmentPub Wrks Storm DU Ponds Greening Park pond improvements (Keller Lake)210,000$ 210,000$ 420,000$ Pub Wrks Storm DU Ponds Holyoke Pond & AL-P2.2 improvements (Alimagnet)300,000$ 300,000$ 600,000$ Pub Wrks Storm DU Ponds Pond easement acquisition50,000$ 50,000$ Pub Wrks Storm DU Ponds Storm pond sediment removal52,000$ 52,000$ Pub Wrks Storm DU Ponds Storm water monitoring improvements (Keller Lake)20,000$ 20,000$ Pub Wrks Storm DU Ponds WVW priority projects150,000$ 150,000$ 300,000$ Subtotal782,000$ 660,000$ 1,442,000$ 55
City of Apple ValleyCapital Improvements Program 2018-20222022 ProjectsDeptDivision SiteProject NameGeneral Fund Water UtilitySan. Sewer UtilityStorm Drainage UtilityStreet Light UtilityRoad Improvement Muncipal State Aid Other Govt Other Sources Total FundingStreet and Utility ImprovementsPub Wrks Street ImpStreet project G/F levy allocation3,734,000$ (3,734,000)$ -$ Pub Wrks Street Imp SR 04 Street proj, AV 3rd (Pinewood, Walnut)451,500$ 451,500$ 301,000$ 1,806,000$ 3,010,000$ Pub Wrks Street ImpStreet proj. Greenleaf 6th and 7th Phase 275,000$ 225,000$ 200,000$ 1,000,000$ 1,500,000$ Pub Wrks Street Imp SR 09 Street overlay/resurfacing550,000$ 1,204,538$ 1,754,538$ Pub Wrks Street Imp SR 10 Street microsurface/ crack sealing599,500$ 599,500$ Pub Wrks Street ImpAnnual Ring Route concrete repairs50,000$ 50,000$ Pub Wrks Street ImpCSAH 23 (Cedar)/140th ped overpass320,000$ 1,280,000$ 2,400,000$ 4,000,000$ Pub Wrks Street ImpCSAH 33 (Diamond Path)/ 140th roundabout563,000$ 1,374,000$ 1,937,000$ Pub Wrks Street ImpTrail resurfacing100,000$ 80,000$ 180,000$ Pub Wrks Street ImpWater main break street patching50,000$ 50,000$ Subtotal3,734,000$ 576,500$ 676,500$ 501,000$ 92,000$ 2,367,038$ 2,734,000$ 2,400,000$ 13,081,038$ Utility Infrastructure PreservationPub Wrks Lights UI 04 Ring Route street light painting18,000$ 18,000$ Pub Wrks Storm DU UI 05 General stormwater improvements110,000$ 110,000$ Pub Wrks Water UI 01 Well Maint Wells 3 and 17150,000$ 150,000$ Pub Wrks Water UI 02 WTP Pump Maint - HZP316,000$ 16,000$ Pub Wrks Water UI 05 Fiber network extension40,000$ 40,000$ 80,000$ Pub Wrks Water UI 06 Gate valve replacements30,000$ 30,000$ Pub Wrks WaterHZP add VFD60,000$ 60,000$ Pub Wrks WaterWater Reservoir Maint Longridge900,000$ 900,000$ Pub Wrks WaterWTP additional cholrtainer280,000$ 280,000$ Subtotal1,476,000$ 40,000$ 110,000$ 18,000$ 1,644,000$ 56
APPENDIX A
STREET OVERLAY AND RECONSTRUCTION
SCHEDULE
2018-2022
57
Pavement Management Program
The City of Apple Valley is responsible for maintaining 179 centerline miles, or approximately 400 lane miles, of city streets within its boundaries.
A variety of methods are used to preserve street pavement and maximize the service life of existing streets. The 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 investment. All streets will eventually need to be reconstructed as part of
an ongoing maintenance program.
The street system in Apple Valley grew rapidly with development beginning in the 1960s. During the 15 year period between 1967 and 1982,
approximately 80 miles of city streets were constructed throughout the community. The service life for an asphalt street constructed in the 1960s
or 1970s is commonly assumed to be about 45 years. The City currently has approximately five miles of streets reaching the end of the
anticipated 45-year service life each year.
The City monitors pavement conditions of the street system through field inspections and the use of pavement condition ratings. The ASTM
D6433 rating system is used to assign pavement condition ratings to 25 percent of the total pavement mileage each year. This pace allows the
City to update pavement conditions for all street segments on a four year cycle. Pavement condition rating information is entered into the City’s
pavement management software.
The pavement management software serves two important functions for managing the condition of city streets. First, the software is used to
calculate an “Overall Condition Index” providing a single broad-scale measurement of the whole street system. Second, the software is used to
forecast the Overall Condition Index of the street system in future years based on the amount of investment provided in the Capital Improvement
Program. This forecast process provides a valuable tool for use by the City Council and staff to evaluate the appropriate level of investment in
maintaining the street system.
The City has established a goal of maintaining an Overall Condition Index score of 73 out of a possible 100 points. The current Overall
Condition Index for the street system is 74 for the year 2017. Based on the amount of investment identified in the 2018 – 2022 Capital
Improvement Program, the Overall Condition Index for the street system is forecasted to remain within two points (+/-) of the 73 target over the
next five years.
58
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CAPITAL IMPROVEMENT 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.
4/24/2018
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
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60
APPENDIX B
VEHICLE AND EQUIPMENT REPLACEMENT
SCHEDULE
2018-2022
61
Introduction
A major portion of the City’s capital outlays is derived from vehicle and equipment replacements. This report is a replacement
schedule, listing each individual vehicle or major piece of equipment owned by the City of Apple Valley.
The Replacement Schedule serves three main functions:
1) The Replacement Schedule accounts for the City’s vehicle and equipment purchases. The CIP lists only department
summary totals of expenditures for vehicles and pieces of equipment.
2) The Replacement Schedule provides additional information concerning the condition of vehicles and equipment.
For each vehicle or piece of equipment, the Replacement Schedule provides the production date, the cost to the City at
the time of purchase, the expected useful life-span, the scheduled date of replacement, and the expected cost of
replacement. Replacement dates are based on detailed examination of each individual vehicle or piece of equipment
and determination of its likely remaining useful life.
3) The Replacement Schedule provides a comprehensive plan for vehicle and equipment replacement within each
department. Purchases in one year may greatly affect purchases in the next. The Schedule is a budgeting tool that helps
departments budget for long-term capital outlays.
The Replacement Schedule includes the budgeted purchases for the current year, as well as future purchases projected over the next
five years. It does not include funding sources for these purchases. However, the funding sources can be found in the vehicle and
equipment tables within the CIP.
62
Replacement Criteria
The City’s practice is to replace vehicles and equipment when the Fleet Maintenance Division determines that it is cost prohibitive to
keep the vehicle and pay for repairs. Since the CIP is a five-year projection, it is challenging for Fleet Maintenance to determine
exactly when a particular vehicle or piece of equipment is in need of replacement. Many variables such as design and production
properties of individual vehicle models, extent of use of the vehicle, and severity of use while in the City’s fleet determine the useful
life-span of a vehicle. Thus, for example, a sedan used by the Police Department for patrol may only be useful for four years, while
the same model may be useful to Building Inspections for eight years.
The Fleet Maintenance Division has established guidelines or replacement standards for the expected useful life of various vehicles
and equipment. Vehicles are scheduled for replacement in the CIP and Replacement Schedule in the year that departments project the
vehicles will meet the standards established in the guidelines. However, prior to the annual budgeting process, the Fleet Maintenance
Division evaluates each vehicle and piece of equipment scheduled for replacement that year. If the Fleet Maintenance Division
evaluates the vehicle and determines that it can continue to be used cost effectively, the vehicle will remain in service even if it
exceeds the replacement criteria. Similarly, if a vehicle does not meet the replacement criteria, but the Fleet Maintenance Division
evaluates the vehicle and determines that it is cost prohibitive to continue using the vehicle, a replacement will be requested in the
operating budget. Thus, the CIP serves as a general planning document and may vary from actual proposed annual budgets.
Appendix B: Vehicle and Equipment Sheets
Appendix B lists all of the vehicles in the City’s fleet, sorted by Department and with projected expenditures for vehicle replacements.
Appendix B also lists all of the significant equipment items used by the City, sorted by Department and with projected expenditures
for vehicle replacements.
Below is a brief description of the different City Departments/ Division and the types of fleet and equipment uses they have.
63
Fire Department
The Fire Department uses three types of vehicles--fire-fighting vehicles which are used for emergency response and should be replaced
with similar models; vehicles used by the fire officers that are used for daily use as well as for emergency response; and vehicles used
to transport fire fighters to training drills. The fire department also has water emergency equipment. The VERF for the Fire
Department includes four expensive groups of equipment that will need to be replaced in the coming years; these include the Self
Contained Breathing Apparatus, Thermal Imagers, hydraulic rescue tools and 800 Mhz radios. The strategy of including this
equipment in the VERF is to level out the budgetary impacts in the coming years.
Liquor Operations
The Liquor Operations division is an enterprise operation and has its own funding sources.
Parks Maintenance
The Park and Recreation Department requires many vehicles and much equipment to maintain the City’s parks and facilitate the City’s
recreation programs.
Parks and Recreation / Golf Operations
The Park and Recreation Department also maintains the City’s 18 hole golf course. The needs of the golf course are quite different
from the needs of regular park maintenance. The golf course is an enterprise operation and has its own funding sources.
Arena Operations
The City runs two ice arenas under the Park and Recreation Department. During the spring and summer, special surfaces placed on the
floors of the arenas to create indoor tennis courts. The Arena Operations division is an enterprise operation and has its own funding
sources.
Pool and Aquatic Park Operations
The City runs one pool and aquatic park under the Park and Recreation Department. During the summer, both operations are in full
use. The Pool and Aquatic Park Operations are not an enterprise operation and are part of the General Fund programs.
64
Police Department
The Police Department vehicles, aside from the squad cars, are used for the sergeants, investigators, and captains.
Public Works Inspections, Natural Resources, & City Hall
The Public Works Department vehicles in this section are used for three different functions--building inspections, natural resources,
and general purpose. The building inspectors use their vehicles to make on-site inspections. The forester uses a vehicle for on-site
work. The general-purpose vehicle is shared by many other City departments.
Fleet Maintenance
The Fleet Maintenance division of the Public Works Department is responsible for the maintenance of the City’s buildings, vehicles,
and equipment.
Streets
The Streets division of the Public Works Department is responsible for the maintenance of the City’s street-scape and storm sewer
system. The responsibilities of this department include patching the roads in the summer and plowing in the winter.
Utilities
The Utilities division of the Public Works Department is responsible for the maintenance of the City’s water and sanitary sewer
operations. The Utilities division is an enterprise operation and has its own funding sources.
Stormwater
The Streets division of the Public Works Department is responsible for the maintenance of the City’s stormwater sewer operations.
The Stormwater operation is an enterprise operation and has its own funding sources.
65
TARGET REPLACEMENT CYCLES
VEHICLE CATEGORIES AGE MILES OR HOURS
Administrative/Inspection
Sedan 10 100,000
Pickup 10 100,000
Vans (mini & multi-passenger) 10 100,000
Specialty
Light Duty
Pickup 2-wheel drive 10 100,000
Bronco/Blazer 10 100,000
Utility Van 10 100,000
Park Mowers 10
Boulevard Mowers 5
Medium Duty
Utility Truck 10 100,000
4x4 Pickup 10 100,000
1-ton Dump Truck 10 100,000
Skidsteer (Bobcat) 10 4,000 Hrs.
Fire Rescue or Grass Rig 15 Does Not Apply
Heavy Duty
Single Axle Dump Truck 12 80,000
Tandem Axle Dump Truck 12 80,000
Front End Loader 20 10,000 Hrs.
Tractor Backhoe 15 6,000 Hrs.
Sweeper 15 6,000 Hrs.
Jetter 12 Does Not Apply
Tanker/Flusher 20 8,000 Hrs.
Sewer Vac 8 Does Not Apply
Fire Apparatus (Engines / Ladders) 21 Does Not Apply
Police Investigation 10 100,000
Police Patrol 10 100,000
66
Vehicle & Equipment Replacement FundCOMMUNITY DEVELOPMENT - CODE ENFORCEMENTTargetEstimatedFuture Repacement CostCITYReplace2018Estimated2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODELYears Date Year Cost Price Value696 2014 GMC ½ Ton Ext. Cab 4X4 Truck122014 2026 26,027 27,900 7,000 - - - - - TOTALS26,027 27,900- - - - - 67
Vehicle & Equipment Replacement FundGeneral GovernmentTargetEstimatedReplacement Cost Per yearCITYReplace2018Estimated2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODEL Years Date Year Cost Price Value1201 2012 Chev Traverse 10 2012 2022 25,000 26,000 5,000 - - - - 28,700 TOTALS25,000 26,000- - - - 28,700 68
Vehicle & Equipment Replacement FundPOLICE DEPARTMENTTargetEstimatedfuture replacement costCITYReplace20182018 2019 2020 2021 2022VEHICLECycle In-service Replace Original PurchaseNUMBERMAKE/MODEL MILEAGE Years Year Year Cost Price901 2014 Ford Explorer 59954 6 2014 2020 32,550 37,000 - - 38,900 - - 902 2014 Ford Explorer39192 82013 2021 31,100 37,000 - - - 39,800 - 903 2015 Ford Explorer38113 62015 2021 33,000 33,000 - - - 35,500 - 904 2013 Ford Police Interceptor 64079 82012 2020 29,400 33,000 - - 34,700 - - 905 2014 Ford Police Interceptor 50501 62014 2020 33,000 33,000 - - 34,700 - - 906 2010 Chev Impala83850 82010 2018 20,590 33,000 33,000 - - - - 907 2015 Ford Explorer50749 72014 2021 37,000 37,000 - - - 39,800 - 908 2013 Ford Police Interceptor 39642 92012 2021 31,100 33,000 - - - 35,500 - 909 2015 Ford Explorer40205 62016 2022 37,000 37,000 - - - - 40,800 910 2015 Ford Explorer54379 62014 2020 37,000 37,000 - - 38,900 - - 911 2011 Ford Crown Victoria 104311 62012 2018 24,238 33,000 33,000 - - - - 912 2013 Ford Police Interceptor 53418 92012 2021 31,100 33,000 - - - 35,500 - 913 2014 Ford Police Interceptor 56407 72013 2020 32,550 33,000 - - 34,700 - - 914 2015 Ford Police Interceptor 44889 62015 2021 17,358 33,000 - - - 35,500 - 915 2014 Ford Explorer68301 72013 2020 32,550 37,000 - - 38,900 - - 916 2014 Ford Explorer68002 72013 2020 29,400 37,000 - - 38,900 - - 917 2013 Ford Explorer72007 62013 2019 32,550 37,000 - 37,900 - - - 918 2014 Ford Explorer66502 62014 2020 32,550 37,000 - - 38,900 - - 919 2013 Ford Explorer67965 62013 2019 32,550 37,000 - 37,900 - - - 920 2014 Ford Explorer (K-9) 71754 52014 2019 24,216 40,000 - 41,000 - - - 921 2013 Ford Police Interceptor 56625 82012 2020 24,238 33,000 - - 34,700 - - 922 2011 Ford Crown Victoria (SRO) 92570 62012 2018 24,238 33,000 33,000 - - - - 931 2015 Chev Traverse (invest.) 27761 102015 2025 27,454 33,000 - - - - - 932 ** 2016 Ford Police Interceptor (in12888 82016 2024 31,100 33,000 - - - - - 933 2012 Dodge Caravan (invest.) 39929 102012 2022 25,750 26,250 - - - - 29,000 944 ** 2017 Ford Explorer (admin.) 10699 82017 2025 31,100 33,000 - - - - - 945 ** 2016 Ford Police Interceptor (in4575 82016 2024 31,100 33,000 - - - - - 946 ** 2017 Ford Explorer (admin.) 12253 82016 2024 31,100 33,000 - - - - - 947 ** 2013 Ford Police Interceptor (ad29225 82013 2021 31,100 33,000 - - - 35,500 - 948 2015 Ford Police Interceptor (inve15775 82015 2023 15,600 33,000 - - - - - 960 2011 GMC 1/2 Ton 4-WD Pickup (86910 72011 2018 24,500 28,000 28,000 - - - - 963 2016 GMC 1/2 Ton 4-WD Pickup (24531 82016 2024 27,246 28,000 - - - - - 800 Mhz Radios (93)102008 2018623,100 - 210,800 427,900 - - 972 1997 Radar Trailer #1201997 2017 14,468 18,000 - - - - - 973 2001 Radar Trailer #2 (Mod. 5700)202001 2021 11,920 18,000 - - - 19,400 - TOTALS961,716 1,745,350 127,000 327,600 761,200 276,500 69,800 Estimated replacment cost includes tax, license, equipment & set-up cost.** First 3 years Admin or Invest. Last 5 years in Patrol.69
Vehicle & Equipment Replacement FundFIRE DEPARTMENTTargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODELYears Date Year Cost Price Value49712014 Ford Explorer102014 2024 38,664 41,100 3,000 - - - - - 49722012 Ford Explorer102012 2022 38,591 41,100 3,000 - - - - 45,400 49742012 Ford Explorer102012 2022 38,591 41,100 3,000 - - - - 45,400 49762014 Ford Explorer102014 2024 38,491 41,100 3,000 - - - - - 49802000 HME Fire Aerial Ladder Truck212000 2021 438,398 697,000 60,000 - - - 750,600 - 49812003 Spartan Fire Pumper 1250 GPM/500gal.212003 2024 339,525 510,000 40,000 - - - - - 4982Truck212007 2028 584,393 697,000 60,000 - - - - - 49832010 Spartan Fire Pumper 1500 GPM/500gal.212010 2031 454,079 510,000 40,000 - - - - - 4987 #1991 Spartan Fire Pumper 1250 GPM/500gal251991 2018 495,370 510,000 20,000 - - - - - 49842014 Spartan Fire Pumper 1250 GPM/500gal2120142035 495,944 510,000 20,000 - - - - - 49852015 Spartan Fire Pumper 1250 GPM/500 gal212016 2037 495,370 510,000 40,000 - - - - - 49901992 Chev Step Van261992 2018 23,932 240,000 3,000 240,000 - - - - 49912012 Chev Colorado Pickup102013 2023 36,046 30,750 3,000 - - - - - 49922017 GMC Sierra K2500 Crew Cab Pickup152017 2032 30,400 35,000 5,000 - - - - - 49932002 Chev K2500 Crew Cab Pickup162002 2018 26,375 30,000 3,000 30,000 - - - - 4995 #2006 Ford F-350 4-WD (grass rig – Sta.2)122006 2018 24,606 - - - - - 49972006 Chev K2500 Crew Cab Pickup152006 2021 25,669 28,000 5,000 - - - 30,200 - 4975Trailer152015 2030 14,975 15,500 1,000 - - - - - 49__ -#Rescue / Initial Attack truck (replaces 4995& 4987) see # above1020182028292,700 292,700 - - - - eq800 Mhz Radio (63)102008 2021422,100 - - - 227,300 227,300 eqHydraulic Rescue tools152005 202090,000 - - 94,600 - - eqSCBA (51 packs/120 bottles)102008 2018314,000 314,000 - - - - eqThermal Imagers72012 201970,000 - 71,800 - - - NewFire Engine Station #40- - - - - 49732005 Pace Am Sprinkler Trailer152006 2021 5,013 26,000 2,000 - - - 28,000 - TOTALS3,644,432 5,702,450 314,000 876,700 71,800 94,600 1,036,100 318,100 70
Vehicle & Equipment Replacement FundPARKS DEPARTMENTTargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODELYears Date Year Cost Price ValueLight Duty Pickups2242016 Dodge 1/2 Ton Pickup10 2016 2026 19,677.00 20,170 1,500 - - - - - 2252014 Ford ¾ Ton Quad Cab Pickup10 2014 2024 23,031.00 24,800 3,000 - - - - - 2262009 Ford F250 3/4 Ton Pickup10 2009 2019 17,391.00 25,850 1,500 - 26,500 - - - 2272016 Ford 3/4 Ton Pickup (4-WD)10 2016 2026 28,000.00 28,700 3,000 - - - - - 228Plow10 2015 2025 30,550.00 32,000 4,000 - - - - - 2312013 Ford F250 ¾ Ton Pickup10 2013 2023 19,000.00 21,000 1,500 - - - - - 2332003 Ford E-350 Van (Puppet Van)12 2003 2018 18,366.00 22,000 1,500 22,000 - - - - 2352016 Ford F250 Pickup10 2016 2026 25,000.00 25,625 1,500 - - - - - 236 #1989 Chev. K3500 4-WD Pickup (grass rig)1989 1989 13,737.00 3,500 - - - - - 2412011 Dodge 1/2 Ton Pickup10 2011 2021 18,662.00 20,170 1,500 - - - 21,700 - 2432010 Dodge 3/4 Ton Pickup (4-WD) w/7.5’ Boss Plow10 2010 2020 19,646.00 22,000 7,000 - - 23,100 - - 2472017 Ford F250 ¾ Ton Pickup10 2017 2027 28,700.00 29,400 1,500 - - - - - 2482008 Ford F250 ¾ Ton Pickup (4-WD)10 2008 2018 21,630.00 25,500 1,500 25,500 - - - - Heavy Duty Trucks2292012 Ford F-350 4-WD 1 Ton Dump Box10 2012 2022 37,800.00 40,100 7,000 - - - - 44,300 2302014 Ford 1 Ton Drop Side Dump Truck (4-WD) 9’ Unimount Pro-Plus Plow10 2014 2024 33,177.00 40,100 7,000 - - - - - 2372008 Ford F350 1 Ton Dump Truck (4-WD) -replace with F45010 2008 2018 34,500.00 45,300 5,000 45,300 - - - - 2382016 Ford F450 1-1/2 Ton Dump Truck (4-WD)10 2016 2026 44,223.00 45,300 7,000 - - - - - 2402008 Isuzu Trash Truck10 2008 2018 70,233.00 87,700 8,000 87,700 - - - - 2462017 Ford F350 1 Ton Dump Truck (4-WD)10 2017 2027 41,708.00 42,750 18,000 - - - - - 2492014 Ford 1 Ton Drop Side Dump Truck (4-WD) 9’ Plow10 2014 2024 33,177.00 40,100 7,000 - - - - - 2502014 Ford 1 Ton Drop Side Dump Truck (4-WD) 9’ Unimount Pro-Plus Plow10 2014 2024 33,177.00 40,100 7,000 - - - - - Water Trucks2322017 Kenworth Water Truck (3500 Gal.)15 2016 2031 145,000.00 148,600 10,000 - - - - - 2342014 Kenworth Water Truck (3500 Gal.)14 2013 2027 138,000.00 148,600 10,000 - - - - - 2602011 Ford F350 1 Ton Dump Truck10 2011 2021 38,798.00 40,100 7,000 - - - 43,200 - Mowers2112018 Toro Grounds Master62018 2024 91,351.00 91,351 14,500 - - - - - 2152013 Toro 580D Grounds Master72013 2020 72,000.00 73,800 5,000 - - 77,500 - - 2162017 Bobcat Skid Loader W/Cab15 2017 2032 37,000.00 37,900 10,000 - - - - - 2182014 Toro GM4700-D Mower72014 2021 66,000.00 66,000 10,000 - - - 71,100 - 2202014 Toro GM4700-D Mower72014 2021 66,000.00 66,000 10,000 - - - 71,100 - 2442016 Toro GM 4700-D72016 2023 71,396.00 73,180 10,000 - - - - - Sidwalk Plow Units2092017 Holder C-270 Tractor W/ 60" Snow Blower & 50" V-Plow12 2017 2029 125,000.00 128,100 5,000 - - - - - 210Plow10 2016 2026 120,000.00 128,100 5,000 - - - - - 222Plow10 2015 2025 124,940.00 128,100 15,000 - - - - - 71
Vehicle & Equipment Replacement FundPARKS DEPARTMENTTargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODELYears Date Year Cost Price ValueTractors2012007 JD 5425 (4-WD) Tractor W/Cab & Loader12 2007 2019 42,553.00 45,000 5,000 - 46,100 - - - 2022013 JD 5420 (4-WD) Tractor W/Cab & Loader12 2013 2025 40,000.00 42,000 5,000 - - - - - 2032009 JD 6230 (2-WD) Tractor W/Cab12 2009 2021 38,614.00 40,000 4,500 - - - 43,100 - 203R2006 Sweepster CH Dual Drive Broom11 2006 2017 8,209.00 10,200 1,000 - - - - - 2042011 JD 6230 Tractor12 2011 2023 40,153.00 40,000 4,500 - - - - - 2062014 JD 5085E Tractor12 2015 2027 49,947.00 50,000 4,500 - - - - - 2122017 JCB 3CX (4-WD) Tractor W/Loader & Backhoe15 2017 2032 65,600.00 67,000 8,000 - - - - - 2172017 JCB 4160 Bi-directional Tractor12 2017 2029 190,922.00 195,000 50,000 - - - - - 2512005 New Holland TV145 Tractor w/ Snowblower12 2005 2019 69,757.00 190,000 35,000 - 194,800 - - - Misc. Equipment2522016 Toro Workman72016 2023 24,700.00 25,900 1,500 - - - - - 2532011 Kaw 4x4 Mule 3010 & 80 Gal. Field Liner62011 2017 15,000.00 25,900 1,500 - - - - - 2542015 Toro Workman HDX-D Utility Cart w/Groomer-Leveler 62015 2021 26,770.00 26,770 6,000 - - - 28,800 - 2552013 Kawasaki 4x4 Mule 401062013 2019 15,000.00 25,900 2,500 - 26,500 - - - 2562016 Toro Rake-O-Vac Turf Sweeper12 2016 2028 33,000.00 33,825 1,000 - - - - - 257Leveler62014 2020 24,000.00 27,800 3,000 - - 29,200 - - 2592010 Toro Workman72010 2017 21,018.00 23,000 1,500 - - - - - 2622001 AERA-vator 80" Aerator15 2001 2016 8,048.00 10,500 500 - - - - - 2722016 Toro Rake-O-Vac Turf Sweeper12 2016 2028 33,000.00 32,000 1,000 - - - - - 2742008 Olympia 82.5" Ice Resurfacer12 2008 2020 10,118.00 12,000 1,000 - - 12,600 - - 2862003 Bannerman BTD-20 Turf Topdresser20 2003 2023 14,537.00 17,000 500 - - - - - # 2006 Grass/Trash Sweeper10 2006 2016 26,103.00 26,000 1,000 - - - - - TOTALS$2,503,919 $2,774,291 $348,500 180,500 293,900 142,400 279,000 44,300 # - Will not be replaced72
EngineeringVehicle & Equipment Replacement FundTargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODELYears Date Year Cost Price Value114 2012 Chev Traverse102012 2022 23,900.00 25,100 5,000 - - - - 27,700 115 2013 GMC ½ Ton Pickup (4-WD) 102013 2023 21,400.00 24,050 7,000 - - - - - 116 2017 GMC 1/2 Ton Pickup (4-WD) 102017 2027 25,100.00 27,500 7,000 - - - - - 117 2017 GMC 1/2 Ton Pickup (4-WD) 102017 2027 25,100.00 27,500 7,000 - - - - - TOTALS95,500 104,150 26,000 - - - - 27,700 CENTRAL FLEET ANNUAL FUNDING ANALYSISSTART ‐ JANUARY 1, 2018City of Apple ValleyRevised: Dec. 14, 201773
Vehicle & Equipment Replacement FundPW - NATURAL RESOURCESTargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODELYears DateYear Cost PriceValue601 2013 Chev ½ Ton Pickup (4-WD 10 2013 2023 20,750.00 23,800 7,000 - - - - - 603 2008 Chev ½ Ton Pickup (4 WD 10 2008 2018 20,487.00 23,800 7,000 23,800 - - - - TOTALS41,237 47,60023,800 - - - - 74
Vehicle & Equipment Replacement FundBuilding InspectionsTargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODELYears Date Year Cost Price Value101 2013 Chev ½ Ton Pickup (4-WD) 102013 2023 19,000 23,800 7,000 - - - - - 104 2015 GMC ½ Ton Pickup (4 WD) 102015 2025 22,670 23,800 7,000 - - - - - 105 2017 GMC ½ Ton Pickup (4 WD) 102017 2027 23,000 23,500 7,000 - - - - - 107 2014 GMC ½ Ton Pickup (4 WD) 102014 2024 22,670 23,800 7,000 - - - - - TOTALS64,670 71,100- - - - - 75
Vehicle & Equipment Replacement FundPW - FLEET & BUILDINGSTargetEstimatedFuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODELYears Date YearCost PriceValue701 2010 GMC 1 Ton Service Truck152010 2025 40,833 47,300 10,000 - - - - - 702 2012 Chev Colorado 4X4102012 2022 19,375 22,000 4,000 - - - - 24,300 TOTALS60,208 69,300- - - - 24,300 76
Vehicle & Equipment Replacement FundPW - STREET MAINTENANCETargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLEMAKE/MODELCycle In-service Replace Original Purchase TradeNUMBERYears Date Year Cost Price Value300 2010 Mack Dump Truck GU812 12 2010 2022 179,444 212,000 30,000 - - - - 212,000 301 2010 Mack Dump Truck GU812122011 2023 179,802 212,000 30,000 - - - - - 305 2010 Mack Dump Truck GU812122011 2023 179,802 212,000 30,000 - - - - - 307 2016 Kenworth Dump Truck T470132015 2028 203,000 212,000 30,000 - - - - - 310 2015 Kenworth Dump Truck T470122014 2026 202,647 212,000 27,500 - - - - - 312 2015 Kenworth Dump Truck T470122014 2026 202,647 212,000 27,500 - - - - - 313 2017 GMC ¾ Ton Pickup (4-WD)102017 2027 28,150 34,000 17,500 - - - - - 314 2006 Sterling Dump Truck L7500122006 2018 150,000 212,000 27,500 212,000 - - - - 316 2008 Chev ¾ Ton Pickup (4-WD)102008 2018 20,755 34,000 7,000 34,000 - - - - 319 2007 Sterling Dump Truck LT7500 (Tande122007 2019 163,550 225,000 30,000 - 225,000 - - - 322 2010 Mack Dump Truck GU812122010 2022 179,444 212,000 30,000 - - - - 212,000 323 2017 Ford F550 Dump Truck102017 2027 89,000 91,200 28,000 - - - - - 325 2017 Ford F550 Dump Truck102017 2027 89,000 91,200 32,000 - - - - - 326 2002 Ford F550 Bucket Truck152002 2017 72,027 100,000 12,000 - - - - - 327 2016 Kenworth Dump Truck T470132015 2028 208,500 212,000 30,000 - - - - - 330 2011 Ford F750 Bucket Truck152011 2026 115,658 130,000 14,000 - - - - - 331 2013 Chev ¾ Ton Ext. Cab Pickup (4-WD 102013 2023 27,248 34,850 9,000 - - - - - 336 2015 SPH-0 Blacktop Trailer202015 2035 52,000 54,600 7,000 - - - - - 337 2015 Chev ¾ Ton Pickup (4-WD)102014 2024 34,082 36,000 7,000 - - - - - 338 2017 Ford F550 Bucket/Sign Truck152017 2032 92,654 100,000 12,000 - - - - - 340 2016 Ford F550 Dump Truck102015 2025 60,000 61,500 10,000 - - - - - 341 2013 Chev ¾ Ton Ext. Cab Pickup (4-WD 102013 2023 27,248 34,850 9,000 - - - - - 344 2005 Sterling Dump Truck LT7500 (Tande122006 2018 135,000 225,000 30,000 225,000 - - - - 360 2010 GMC 3/4 Ton Pickup (4-WD)102010 2020 24,876 34,000 7,000 - - 34,000 - - 361 2010 Ford F550 Dump Truck102010 2020 50,822 70,000 10,000 - - 70,000 - - 362 2011 Chev 1 Ton Dump Truck102011 2021 45,000 53,500 10,000 - - - 53,500 - 381 2017 Kenworth Dump Truck T470122017 2029 213,500 212,000 30,000 - - - - - 302 1994 Model XA5905D Compressor251994 2019 11,000 18,000 2,000 - 18,000 - - - 303 2011 CAT Tractor Backhoe Model 430E 152011 2026 102,659 119,000 15,000 - - - - - 309 2010 Vermeer BC 1800 XL Chipper 102010 2020 45,674 54,200 5,000 - - 54,200 - - # 321 1983 CASE 450 Dozer198332,750 8,000 - - - - - 328 1998 Daewoo Forklift201998 2018 18,500 30,300 3,000 30,300 - - - - # 329 1993 853 Skid Loader199326,400 5,000 - - - - - 332 2017 Skid Loader A-770112017 2028 61,350 62,900 20,000 - - - - - 333 2004 JCB 520 Loadall Teles. Load Handle152004 2019 44,368 71,800 8,000 - 71,800 - - - 334 2007 AEBI TT75 Tractor152007 2022 85,000 105,000 8,000 - - - - 105,000 335 2017 JD 1570 Mower52017 2022 21,500 22,000 3,000 - - - - 22,000 342 2003 Chipper182003 2021 25,280 47,000 5,000 - - - 47,000 - 345 2015 Model SC802 Stump Grinder222015 2037 39,245 41,200 7,500 - - - - - 346 2014 Toolcat 5600102014 2024 52,333 64,000 15,400 - - - - - 77
Vehicle & Equipment Replacement FundPW - STREET MAINTENANCETargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLEMAKE/MODELCycle In-service Replace Original Purchase TradeNUMBERYears Date Year Cost Price Value347 2017 Toolcat 5600102017 2027 62,500 64,000 15,400 - - - - - 349 2017 JD 1570 Mower52017 2022 21,500 22,000 3,000 - - - - 22,000 350 2012 New Holland Bi-directional Tractor 152012 2027 134,000 157,800 15,000 - - - - - 351 2016 CAT 938M Loader 282016 2044 230,940 236,700 40,000 - - - - - # 352 1987 CAT 950B Loader198798,879 15,000 - - - - - # 353 2006 Power Boss Sweeper200631,445 3,000 - - - - - 354 2008 Dura Patch 125DJT152008 2023 52,000 61,800 5,000 - - - - - 355 2013 New Holland Bi-directional Tractor 152013 2028 143,000 157,800 15,000 - - - - - 363 2012 JCB 520 Loadall Teles. Load Handle152012 2027 63,500 71,800 8,000 - - - - - 371 2013 Doosan Ingersoll Rand Air Compress252013 2038 17,600 19,400 1,000 - - - - - 2003 Crash Attenuator252003 2028 12,000 15,000 3,000 - - - - - # 3M54 1990 Manhole Cutter199013,280 2,000 - - - - - 4,472,559 4,971,400501,300 314,800 158,200 100,500 573,000 # - Will not be replaced78
Enterprise Fund- Equipment Replacement SchedulePW - STREET MAINTENANCE-STORM WATERTargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLEMAKE/MODELCycle In-service Replace Original Purchase TradeNUMBERYears Date Year Cost Price Value604 2009 Chev Malibu102009 2019 17,742 22,550 3,000 - 23,100 - - - 304 2011 Elgin Pelican Street Sweeper 152011 2026 185,600 214,000 15,000 - - - - - 3172015 Elgin Pelican Street Sweeper 172015 2032 198,931 214,000 15,000 - - - - - 306 # 1998 Elgin Pelican Street Sweeper1985 1985 63,000 - - - - - 324 2005 Elgin Crosswind J Sweeper 132005 2018 136,946 250,000 30,000 250,000 - - - - Totals602,219 700,550250,000 - - - - # Will not be replaced79
Enterprise Fund- Equipment Replacement SchedulePW - UTILITIESTargetEstimatedfuture replacement costCITYReplace2018Estimated 2018 2019 2020 2021 2022VEHICLECycle In-service Replace Original Purchase TradeNUMBERMAKE/MODELYears Date Year Cost Price Value404 2016 Chev 1 Ton Utility Pickup (4-WD102016 2026 87,375 90,000 7,000 - - - - - 405 2017 GMC 3/4 Ton Ext. Cab Pickup (4102017 2027 27,650 28,300 7,000 406 2008 Chev 3/4 Ton Ext. Cab Pickup (4102008 2018 22,469 34,850 7,000 34,900 - - - - 408 2010 GMC 3/4 Ton Pickup (4-WD) 102010 2020 23,256 34,850 7,000 - - 36,600 - - # 410 2005 Chev 1 Ton Utility Pickup (4-WD)200543,2007,000 - - - - - 411 2015 Chev 3/4 Ton Ext. Cab Pickup (4102014 2024 29,850 34,850 7,000 - - - - - 416 2012 Chev 3/4 Ton Ext. Cab Pickup (4102012 2022 24,600 34,850 7,000 - - - - 38,500 419 2009 Chev 3/4 Ton Pickup (4-WD) 102009 2019 21,386 34,850 7,000 - 35,700 - - - 421 2009 Chev 3/4 Ton Pickup (4-WD) 102009 2019 33,920 34,850 7,000 - 35,700 - - - 466G2011 Cat 125KW Portable Generator252011 2036 57,000 62,525 8,000 - - - - - Subtotal Water370,706 389,925 71,000 34,900 71,400 36,600 - 38,500 401 2010 Mack Gap Vax Sewer Cleaner 92010 2019 320,000 430,000 50,000 - 440,800 - - - 402 2006 Freightliner M2 Jetter122006 2018 166,075 280,000 30,000 280,000 - - - - 409 2012 Chev 3/4 Ton Ext. Cab Pickup (4102012 2022 24,600 34,850 7,000 - - - - 38,500 412 2011 GMC 3/4 Ton Pickup (4-WD) 102011 2021 24,505 34,850 7,000 - - - 37,500 - 414 2011 GMC 3/4 Ton Pickup w/ Tommy 102011 2021 24,505 34,850 7,000 - - - 37,500 - # 415 2005 Chev 1 Ton Utility Pickup (4-WD)200452,0007,000 - - - - - 417 2015 Chev 1-Ton Utility Truck102015 2025 83,000 87,125 7,000 - - - - - 418 2010 GMC 3/4 Ton Ext. Cab Pickup (4102010 2020 25,511 34,850 7,000 - - 36,600 - - 422 2008 Chev Sewer Camera Express Va152008 2023 33,657 35,875 7,000 - - - - - 4252013 Easement Machine202013 2033 32,000 33,620 4,000 - - - - - 4272009 Port. Changeable Message Board122009 2021 16,700 17,425 1,000 - - - 18,800 - 4282012 Cornell Pump202013 2033 40,132 42,230 1,000 - - - - - # 451G1985 Kohler Portable Generator198524,0008,000 - - - - - 452G1999 Olympia Portable Generator251999 2024 31,982 51,250 8,000 - - - - - 4032001 VersaVac202001 2021 45,000 53,300 8,000 - - - 57,400 - 704 2012 John Deere 997 Mower62012 2018 15,500 20,000 4,000 20,000 - - - - Subtotal Sewer959,167 1,190,225 163,000 300,000 440,800 36,600 151,200 38,500 TOTALS1,329,873 1,580,150 234,000 334,900 512,200 73,200 151,200 77,000 # - Will not be replaced80
Enterprise Fund- Equipment Replacement ScheduleVALLEYWOOD GOLFFuture Replacement CostUNIT#YEAR MAKE DESCRIPTION COST NEW 2018 2019 2020 2021 2022501 2004 1 Ton Truck w/ plow502 2004 1 Ton Truck w/ plow504 2009 Toro Mower, Greensmaster 3150 20,000 40,000 505 2010 Smithco Greens Roller 11,000 20,000 506 2009 Toro Mower, Greensmaster 3150 20,000 40,000 40,000520 2005 Toro Mower, Greens 300022,500 30,000 523 2005 Toro Mower, Greens 310022,500 40,000 40,000507 2006 Toro Mower, Rough 4700D47,000 65,000 65,000522 1999 Toro Mower, Reelmaster 5200D35,000 60,000 527 2012 Toro Mower, Reelmaster 5200D47,000 50,000 50,000530 2008 Toro Mower, Rough 4700D47,000 75,000 75,000558 2002 Toro Mowe, Reelmaster 5200D35,000 40,000 40,000514 1978 JD Tractor Loader 401C12,000 90,000 586 1987 Bobcat Skidloader Backhoe14,950 25,000 535 1998 Ryan Aerator30,000 20,000 20,000519 1988 Cushman Core Harvester5,000 15,000 15,000528 2012 Toro Zero-Turn20,000 30,000 30,000547 1999 Toro 5500 Sprayer (Large)37,000 55,000 55,000Sprayer (small)15,000 518 2001 Dakota Spreader9,850 15,000 15,000581 2010 Pro Force Leaf Blower6,200 - Sod Cutter5,000 5,000Spin Grinder60,000 508 2009 Toro Utility, Worman 12,000 30,000 30,000509 2009 Toro Utility, Workman14,000 25,000 25,000512 2009 Toro Utility, Worman 6,830 25,000 25,000510 2012 Toro Utility, Truckster13,000 25,000 25,000538 1996 Cushman Utility, Trap Rake15,000 25,000 25,000529 2001 Toro Utility, Workman10,000 20,000 526 2001 Toro Utility, Workman10,000 25,000 25,000517 2001 Toro Utility, Workman12,842 25,000 25,000NEW 2013 EZGO Golf Carts (55 total) - Annual Lease $4500/cart45,000 45,000 45,000 45,000 45,000Golf Total$200,000 $220,000 $130,000 $140,000 $165,000 Estimated 2018 Purchase Price 81
5/10/2018
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City of Apple Valley
Capital Improvements
Program
Why Have a Capital
Improvements Program (CIP)?
Anticipate future service demands and costs
Identify and prioritize projects and outlays
Encourage financial planning so that funding is available for future expenditures
Identifies trends
Ensure that future projects will integrate with the Comprehensive Guide Plan
Demonstrate City policies for growth, maintenance, and development
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2
CIP as a Planning Document,
Not a Budget
The CIP is a strategy for anticipated future expenditures and investments.
The CIP is not a budget, nor is it an authorization to expend funds.
The CIP is not a wish list.
The CIP does not bind the City to the anticipated expenditures in the projected years.
The authorization of the expenditures occurs through City Council action and in adoption of the annual budget.
What is in the CIP?
The CIP includes significant capital outlays
Not intended for sporadic purchases of supplies like very
small tools or equipment.
Generally itemizes outlays which exceed $50,000, but
there are a few major exceptions:
selected small divisional expenses such as computer
and video related equipment where capital purchases
tend to be aggregated,
improvements, renewal, or replacements to City
buildings exceeding $5,000,
and subtotaled minor expenditures found in the
appendices to the CIP.
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CIP Integrates into Budget Process
The departmental CIP review begins in the first
quarter.
The draft CIP then is a basis from which
departments formulate their budget requests
around mid-year.
The annual budget is reviewed and modified
through the remainder of the year. Projects may
be added or subtracted for the upcoming year.
Once the budget is approved, the CIP is
reconciled and adjusted based on the approved
budget.
2018‐22 CIP Totals $135.6 million
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2018‐22 CIP Totals $135.6 million
Building &
Facility Impr.
$19,474
14%
Capital
Technology
$1,912
1%
Vehicles &
Equip.
$15,665
12%
Parks,
Playgrounds,
Paths
$3,838
3%
Ponds, Nat.
Res., &
Environment
$6,070
5%
Street and
Infrastructure
Preservation
$88,649
65%
CIP Format: Three Sections
1.Yearly Projects for All Funding Sources
A.Building & Facility Improvements, Capital Technology, Vehicles
& Equipment, Parks & Playgrounds, Ponds & Natural
Resources, Street and Utility Improvements and Utility
Infrastructure Preservation
2.Financial Impact – selected funds (Eleven)
3.Five year CIP tables
4.Appendices
1.Street Overlay and Reconstruction Schedule
2.Vehicle and Equipment Replacement Schedule
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5
Examples of Revenue Sources
General Fund Net Revenue Bonds
VERF Charges Storm Water Fund
General Obligation Bonds Liquor Fund
Equipment Certificates Golf Fund
Future Capital Projects Fund Arena Fund
Federal Gov’t Aid Cemetery Fund
Municipal State Aid (MSA) City Hall Fund
Dakota County Special Assessments
ISD 196 Tax Increment
Utilities Fund Donations
Anticipated Public Safety and General Govt.
Projects Exceeding $500,000
•Fire Station(s) Reconfiguring $5,000,000
•Various LED Lighting Improvements $ 637,237
•PD Garage @ Muni Center $3,000,000
•Municipal Center Basement Finish $ 500,000
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6
Anticipated Parks Projects Exceeding
$500,000
2018
Kelley Park – Development $1,000,000
Greenway Underpass 600,000
Sports Arena Refrigeration $1,800,000
2019
Greenway Underpasses $ 600,000
2020
•Greenway Underpasses $ 600,000
JCRP East Maintenance Bldg $ 750,000
JCRP LED Lighting $ 900,000
2021
Greenway Underpasses $ 600,000
Anticipated Public Works Projects Exceeding
$500,000
Streets & Road Construction
2018
Redwood Dr, Cir,Ct & Keller Lake Dr.
AV 12 th
Embry Place
Signal/Turn-lane 140th & Galaxie1
133rd St Ct / 134th St Ct
Widen CR 38
2019
JCRR & Lapaz 2nd
AV 11 th & 12th
147th & Glazier
Signal 147th & JCRR
CR 42 Signals $-
$5,000
$10,000
$15,000
$20,000
$25,000
2018 2019 2020 2021 2022
$14,552
$19,103 $20,270
$18,399
$16,325
Street and Infrastructure
Preservation (in $1,000's)
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7
Anticipated Public Works Projects Exceeding
$500,000 (continued)
Streets & Road Construction
2020
Cimmarron Rd
Garden View Dr (42 to Whitney)
PedestrianOverpass@147th
North & South Surrey Tr
2021
AV 3 rd(Redwood Pk,Juniper)
CR 42 Signal & Intersection Impr.
Greenlleaf 6
th & 7th (phase 1)
2022
AV 3 rd (Pinewood, Walnut)
CR 23 (Cedar) 140th Pedestrian
Overpass
CR 33 (Diamond Path) / 140th
Roundabout
Greenleaf 6th & 7th (Phase 2)
$-
$5,000
$10,000
$15,000
$20,000
$25,000
2018 2019 2020 2021 2022
$14,552
$19,103 $20,270
$18,399
$16,325
Street and Infrastructure
Preservation (in $1,000's)
Anticipated Utility Projects Exceeding
$500,000
Utility & Facility Improvements
2018
Water meter replacement (1 of 2) $2,000,000
2019
Water meter replacement (2 of 2) $2,000,000
Longridge/ Harwell Corrosion Mitigation $ 900,000
2020
Water Reservoir Maint. (Longridge) $ 900,000
Stormwater Lift # 3 (Farquar) Rehab $ 850,000
2022
Holyoke Pond Impr. (Alimagnet) $ 600,000
5/10/2018
8
Street & Infrastructure Program
makes up $ 88.6 million, 65% of CIP (p.57)
Reconstruction/Overlay(2018‐22)
5/10/2018
9
Microsurfacing Projects (2018‐22)
Financial Analysis – Selected Funds
5/10/2018
10
Future Capital Projects Fund (p.16)
2018 2019 2020 2021 2022
Investment earnings 203,000$ 166,000$ 163,000$ 65,000$ 14,000$
Interfund Loan Repayment 50,000 50,000 50,000 50,000 50,000
253,000 216,000 213,000 115,000 64,000
Fire Station Reconfiguring 500,000 4,500,000
Voting Machine Payment 27,940
Ameresco Project 1,681,652
Cedar Ave Monument 60,000
Reconstruct Western
Service Center Entrance 120,000
JCRP East new maint bldg 750,000
JCRP East LED Lighting 900,000
Cedar Ave /147th Overpass 400,000
PD Garage @ Muni Center 3,000,000
Transfer to Road Fund 285,600
Transfer to Muni Bldg Fd 202,000 202,000 202,000 552,000 202,000
2,697,192 382,000 6,752,000 3,552,000 202,000
Net Increase (decrease) (2,444,192) (166,000) (6,539,000) (3,437,000) (138,000)
VERF Fund successful at leveling
out budget impacts (p.18)
5/10/2018
11
VERF Fund successful at leveling
out budget impacts (p.18)
VERF includes
$12.8M in program
Municipal Building Fund (p.12)
2018 2019 2020 2021 2022
Investment Earnings 3,800$ 6,500$ 1,800$ 800$ 1,100$
Transfers in 593,000 398,000 404,000 760,000 416,000
596,800 404,500 405,800 760,800 417,100
Use of funds:
Municipal Center - 256,000 210,000 650,000 -
Fire Facilities - - 105,500 43,500 100,000
CMF 88,000 89,000 47,000 47,500 70,000
Park Facilities 460,000 371,000 111,000 - 90,000
548,000 716,000 473,500 741,000 260,000
Net change 48,800 (311,500) (67,700) 19,800 157,100
Beg Balance 0 48,800 (262,700) (330,400) (310,600)
End Balance 48,800 (262,700) (330,400) (310,600) (153,500)
5/10/2018
12
Park Dedication Fund (p. 25)
2018 2019 2020 2021 2022
Source of Funds
Dedication Fees received 162,000$ 162,000$ 162,000$ 162,000$ 162,000$
Investment Earnings 1,100 2,700 4,500 3,100 4,900
Total Source of Funds 163,100$ 164,700$ 166,500$ 165,100$ 166,900$
Use of Funds
Special Asmts-Kelley Park Land Purch. 29,653$ 28,240$ 23,786$ 22,556$ 14,480$
Kelley Park development 1,000,000
JCRP east sewer connection to 142nd St. 250,000
Total Use of Funds 1,029,653$ 28,240$ 273,786$ 22,556$ 14,480$
Net Change (866,553)$ 136,460$ (107,286)$ 142,544$ 152,420$
Beginning Cash/ Fund Balance 1,640,660$ 774,107$ 910,567$ 803,281$ 945,825$
Ending Cash/ Fund Balance 774,107$ 910,567$ 803,281$ 945,825$ 1,098,245$
Water Account – Utility Fund (p.35)
5/10/2018
13
Water Fund -Cash Balance & Rates will
need close monitoring
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
2018 2019 2020 2021 2022
Cash Balance Cash Balance with Meter Financed
Sewer Account–Utility Fund (p.37)
5/10/2018
14
Sewer Cash Balances
Looking Forward
2018 projects in progress
2019/20 planning will begin
Projects with need to finalize funding
Overpass 147th & Cedar ‘20 (state funding ?)$3,700,000
Fire Station(s) Reconfiguration ‘20 $4,500,000
Greenway Underpasses (‘18 to ‘21) $2,400,000
JCRP east Maintenance Facility ‘20 $ 750,000
JCRP east LED Lighting ’20 $ 900,000
Police Dept. Garage ’21 $3,000,000
5/10/2018
15
Discussion
I T E M: 4.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:I nformal A genda I tem
Description:
Discuss K elley P ark Master Plan Development (20 min.)
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:
N/A
S UM M ARY:
Kelley Park is a significant and integral part of the C ity’s fabric and the Parks and Recreation
Department. Several years ago, the C ity acquired additional property on both the east and
west ends of the park for future expansion. With the recent development activity surrounding
the park, the proposed donation by the Apple Valley Rotary C lub of a decorative clock
feature, the need for added parking, and several other proposed upgrades, it is felt Kelley
Park design, as well as function, should be re-evaluated. T he Parks and Recreation Advisory
Committee has recommended pursuing an agreement with C onfluence, Inc., for the
development of a new Master Plan for Kelley Park.
B AC K G RO UND:
A draft Kelley Park Master Plan was developed in 2016, but it did not reach
consensus. Taking into account recent construction surrounding the park, changes in usage
dynamics, along with various proposed design ideas, it would be beneficial to have a
consultant help to develop a new Kelley Park Master Plan to guide future investments in this
premier C ity park.
Confluence, Inc., has extensively researched Apple Valley while compiling data in
preparation of the 2040 C omp Plan. T hey are well versed in the areas of open opportunities
within the city park system. T he Parks and Recreation Advisory C ommittee, by unanimous
vote at their May 3, 2018 meeting, recommended retaining C onfluence, Inc., to re-master plan
Kelley Park.
B UD G E T I M PAC T:
Not to exceed $8,500 from Park Dedication Funds.
AT TAC HM E NT S :
Agreement
Agreement
6/14/2018
1
Kelley Park
Master Plan
Re-look at this Park
City Council Presentation – June 14, 2018
Concept 2010
6/14/2018
2
2016 Redesign
Today and Beyond
6/14/2018
3
Kelley Park
•The landscape surrounding Kelley Park is changing.
•With existing property and no room to expand park
boundaries, how can we attempt to ensure synergy
of park use and utilization of existing park property?
•A lot of great ideas floating around of possible
future park features/upgrades and wish to look at
all these great ideas with a coordinated effort.
Recommendation
•Enter into an agreement with Confluence
Landscape Architecture Firm to look at re-designing
Kelley Park.
•This item is listed on the consent agenda this
evening.
I T E M: 4.A.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Minutes of May 24, 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 May 24, 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
May 24, 2018
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held May 24, 2018, at 7:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and
Hooppaw.
ABSENT: None.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, Police Captain Bermel, Parks and Recreation Director Bernstein, Police
Captain Francis, 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 Planner/Econ. Dev. Specialist Sharpe.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge
of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Hooppaw, seconded by Grendahl, approving the agenda for tonight’s meeting, as
presented. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda. No one requested to speak.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Goodwin, seconded by Bergman, approving all items on the consent agenda with
no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting
of May 10, 2018, as written. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, receiving the Police Department’s 2017 annual
report. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, proclaiming June 15, 22, and 29; July 6, 13,
20, and 27; and August 3, 10, and 17, 2018, from 6:00 p.m. to 9:00 p.m. as “Music
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 24, 2018
Page 2
in Kelley Park” and declaring it a community festival and encouraging citizens to
support and attend these community events. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-66 appointing
Tom Lawell as Director and Ron Hedberg as Alternate Director to the LOGIS
Board of Directors. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-67 approving a
6-foot setback variance and off-premise sign variance for a shared entrance ground
sign for AmericInn and Old Chicago on Lot 1, Block 1, Apple Valley Commercial
Addition, with conditions as recommended by the Planning Commission. Ayes - 5
- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving a Proof of Parking Agreement with
Wings Financial Credit Union, and authorizing the Mayor and City Clerk to sign
the same. Ayes - 4 - Nays - 0 - Abstain - 1 (Hooppaw).
MOTION: of Goodwin, seconded by Bergman, approving the License Agreement with St.
Paul Growers Association, Inc., for a Farmers Market in the Municipal Center
parking lot on Saturdays from June 9 through October 27, 2018, from 6:30 a.m. to
2:00 p.m., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-68 approving
the Governmental Lease Purchase Agreement No. 008-0741727-300, dated as of
March 27, 2018, for mowers at Valleywood Golf Course. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Hayes Campus
Security Camera System with Pro-Tec Design, Inc., in the amount of $71,120.75,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2018-
130, 2018 Concrete Removal & Replacement Services, with Ron Kassa
Construction, Inc., in the amount of $28,910.00, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the
Personnel Report dated May 24, 2018. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers
dated May 3, 2018, in the amount of $671,599.04; and May 9, 2018, in the amount
of $292,195.02. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 24, 2018
Page 3
2018 APPLE VALLEY FREEDOM DAYS
Ms. Muelken and Apple Valley Freedom Days Committee Chair Pat Schesso reviewed the various
activities planned for the 52nd Annual Apple Valley 4th of July Celebration, which begins on June
27 and concludes on July 4. The parade begins at 1:00 p.m. on July 4 and the fireworks will begin
at 10:00 p.m. that evening. Everyone is invited to enjoy the fun and participate in the various events.
She then thanked the City, the Apple Valley American Legion, and other local businesses for
supporting Apple Valley Freedom Days.
The Council thanked Ms. Schesso, the Freedom Days Committee, and many volunteers for
coordinating this event.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2018-69 proclaiming
July 4, 2018, as “The 52nd Annual Apple Valley 4th of July Freedom Days
Celebration” and declaring it a community festival and encouraging citizens to
support and participate in the community-wide celebration. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Bergman, approving issuance of a temporary event
license in connection with a community festival to Apple Valley American Legion,
Post 1776, for use on June 29, 2018, outdoors at 14521 Granada Drive, as
described in the City Clerk’s memo. Ayes - 5 - Nays - 0.
DRAFT 2040 COMPREHENSIVE PLAN
MOTION: of Bergman, seconded by Hooppaw, authorizing staff to distribute the Draft 2040
Comprehensive Plan for agency review and comment. Ayes - 5 - Nays - 0.
TELECOMMUNICATIONS ADVISORY COMMITTEE VACANCY
Mayor Hamann-Roland acknowledged the resignation of Telecommunications Advisory Committee
Member Rollin Bible and staff’s recommendation for individuals interested in serving on this
Committee to submit an application to the City Clerk by June 29, 2018.
MOTION: of Hooppaw, seconded by Grendahl, accepting the resignation of
Telecommunications Advisory Committee Member Rollin Bible and thanking him
for his dedicated service to the City of Apple Valley, directing staff to post the
Telecommunications Advisory Committee vacancy, and inviting individuals
interested in serving on the Committee to submit an application to the City Clerk
by June 29, 2018. Ayes - 5 - Nays - 0.
COMMUNICATIONS
Ms. Muelken invited the public to the annual “Music in Kelley Park” concert series from 6:00
p.m. to 9:00 p.m. on June 15, 22, and 29; July 6, 13, 20, and 27; and August 3, 10, and 17, 2018.
She noted the splash pad in Kelley Park is open and the pools will open June 8, 2018.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 24, 2018
Page 4
Mr. Lawell thanked the Mayor for the great message she delivered at the State of the City address.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as
included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:20 o’clock p.m.
Respectfully Submitted,
/s/ Pamela J. Gackstetter
Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council
on Mary Hamann-Roland, Mayor
I T E M: 4.B.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove S tate Gambling Exempt P ermit for A pple Valley Rotary S cholarship F oundation, at
A pple Valley F ord L incoln, 7200 150th S treet W., on October 13, 2018
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 issuance of a lawful gambling exempt permit, by the State Gambling C ontrol Board,
to Apple Valley Rotary Scholarship Foundation, for use on O ctober 13, 2018, at Apple
Valley Ford Lincoln, 7200 150th Street W., and waiving any waiting period for State
approval.
S UM M ARY:
Apple Valley Rotary Scholarship Foundation, submitted an application for a gambling event
to be held at Apple Valley Ford Lincoln, 7200 150th Street W., on O ctober 13, 2018. T he
application is on file should you wish to review it.
B AC K G RO UND:
Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar
year, for qualified nonprofit organizations, are issued by the State Gambling Control
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
B UD G E T I M PAC T:
N/A
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A uthorize A cceptance of Community Grant from Walmart Facility #2642 for Use by F ire
Department
S taff Contact:
Charles Russell, A cting F ire Chief
Department / Division:
Fire Department
AC T I O N RE Q UE S T E D:
Authorize acceptance of Community Grant Program award in the amount of $1,500.00 from
Walmart Facility #2642 to support the Fire Department's hands-only C PR program.
S UM M ARY:
T he Fire Department is recommending that a grant in the amount of $1,500.00 is accepted
from our local Walmart store to support our hands-only C PR program.
B AC K G RO UND:
Walmart Facility #2642 C ommunity Grant Program notified us on J une 2, 2018, that the Fire
Department was awarded a $1,500.00 grant that will allow us to update our hands-only
C PR program.
T he Fire Department started teaching the community C PR around 15 years ago. O ver the
last 3 years we have emphasized the program by setting up activities at our Fire Prevention
Week open houses. T he equipment we use is in need of updating and replacement. T his
grant will allow us to continue instructing the community on this important skill.
B UD G E T I M PAC T:
N/A
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove 2019 Budget Calendar and S et Special I nformal Meeting on August 23, 2018, at 5:30
p.m.
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Approve the 2019 Budget C alendar and set August 23, 2018, at 5:30 p.m. as a special
informal meeting of the C ity Council.
S UM M ARY:
T he City Council is asked to approve the Budget C alendar, included below, which includes
an informal work session for the C ity C ouncil to review the budget recommendations on
August 23, 2018. T he action also establishes August 23, 2018, as a special informal
meeting.
B AC K G RO UND:
T he date for adopting the preliminary budget and levy is set for September 13, 2018. By
state law, the levy is required to be adopted by the C ity C ouncil and certified to the county
auditor by September 28, 2018.
T he date for the Truth in Taxation meeting and the date for adoption will be formally set at
the time the preliminary levy is approved in September. T he past few years, the Truth in
Taxation meeting has been held on the date of the first C ity C ouncil meeting in December
which for this year is December 13, 2018.
2019 BUD G ET C A LEN D A R
1. Budget worksheets distributed to Departments May 25, 2018
2. Worksheets returned to Finance J une 22, 2018
3. Budget summaries and worksheets to Administrator J uly 6, 2018
4. Budget review meeting with Administrator J uly 11 to 25, 2018
5. Budget delivered to C ity Council August 8, 2018
6. Informal C ouncil meeting to review Budget August 23, 2018
7. Proposed Budget and Tax Levy Adopted September 13, 2018
8. C ertify proposed budget and tax levy to County by September 28, 2018
9. C ounty required prepare and mail notice of
Tax Levy and Public Hearing
November, 2018
10. Conduct Public hearing (former Truth in Taxation)December 13, 2018
11. Adopt Final Budget and Tax Levy December 13, 2018
12. Certify Final Tax Levy to C ounty by December 31, 2018
B UD G E T I M PAC T:
N/A
I T E M: 4.E.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A dopting 2018 Performance Measures and Approving Participation in
P erformance Measurement Program
S taff Contact:
J ake B osley, Finance A nalyst
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Adopt resolution adopting 2018 performance measures and approve participation in
performance measurement program.
S UM M ARY:
In 2010, the Minnesota State Legislature created the C ouncil on Local Results and
Innovation (C LRI). T he C LRI created a standard set of ten performance measures for cities
intended to aid residents, taxpayers, and state and local elected officials in determining the
efficacy of cities in providing services and to measure residents' opinions on those services.
In February of 2012, the C LRI created a comprehensive performance measurement system
for cities and counties to implement. In 2013, the C LRI revised the performance measures,
removing the need to include community survey results, and clarified the system
requirements to increase participation in the program. T he C ity of Apple Valley has
participated in the program since the changes made in 2013.
T he C ity Council is now being asked to continue its participation in the program for 2018.
B AC K G RO UND:
Participation in the program is voluntary. However, participating cities are eligible for a
reimbursement of $0.14 per capita in local government aid and are exempt from levy limits
under sections 275.70 t o 275.74 for taxes payable in the following calendar year, if levy
limits are in effect. T he C ity is required to file a report on the collected measurements by
J uly 1st.
Attached is a draft of the performance data that was collected in 2017 that staff intends to
submit to the State Auditor. T he first page is the summary scorecard, followed by a graphical
presentation. T he results need to be publicized and shared with the community. Staff
proposes to publish the survey on the C ity's website and include the information in an
upcoming newsletter. Attached is a draft report that would be used to share the data.
Staff recommends the C ity Council approve the attached resolution adopting 2017
performance measures as recommended by the C LRI.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
Exhibit
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION ADOPTING AND REPORTING PERFORMANCE MEAUSRES
WHEREAS, benefits to the City of Apple Valley for participation in the Minnesota
Council on Local Results and Innovation’s comprehensive performance measurement program
are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and
WHEREAS, any city/county participating in the comprehensive performance
measurement program is also exempt from state levy limits for taxes, if levy limits are in effect;
and
WHEREAS, the City Council of Apple Valley has adopted and implemented at least10
of the performance measures, as developed by the Council on Local Results and Innovation, and
a system to use this information to help plan, budget, manage and evaluate programs and
processes for optimal future outcomes; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this Council will continue to report the results of the
performance measures to its citizenry by the end of the year through publication, direct mailing,
posting on the City’s website, or through a public hearing at which the budget and levy will be
discussed and public input allowed.
BE IT FURTHER RESOLVED, by the City Council of the City of Apple Valley, Dakota
County, Minnesota, that this Council will submit to the Office of the State Auditor the actual
results of the performance measures adopted by the City.
ADOPTED this 14th day of June, 2018.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_____________________________________
Pamela Gackstetter, City Clerk
2018 City Performance Measurement Program Results
(Data from 2013-2017, Unless Otherwise Noted)
Background
In 2010, the Minnesota Legislature created the Council on Local Results and Innovation (CLRI).
Currently, the CLRI has a standard set of 27 performance measurements for counties and 29
performance measurements for cities that they believe will aid residents, taxpayers, and state and local
elected officials in determining the efficacy of counties and cities in providing services. Participation in
the standard measures program by a city or a county is voluntary. Cities and counties that choose to
participate in the standards measure program may be eligible for funding of 14 cent per capita from the
State of MN.
The Apple Valley City Council chose to participate in the program for the 2018 reporting year. In order to
receive the per capita reimbursement for the following calendar year, cities must adopt and implement
a minimum of ten performance measures from the CLRI’s list of 29 measures and file a report with the
Office of the State Auditor.
The measurements are divided into six different categories: General, Police Services, Fire & EMS
Services, Streets, Water, and Sanitary Sewer. As part of this process, the City submitted five years of
data (generally 2013 to 2017, sometimes 2012 to 2016) for 15 of the 29 standard performance
measurements, which were selected from each of the six categories. Below are the data related to each
of the measurements the City chose to track.
City of Apple Valley
Performance Scorecard
Performance Category 2013 2014 2015 2016 2017
General
Percent change in the taxable property market value -6.64%2.77%8.50%5.59%4.58%
Nuisance code enforcement cases per 1,000 population 37.58 32.23 38.50 46.89 60.92
Bond rating (Moody's)Aaa Aaa Aaa Aaa Aaa
Bond rating (S&P)Not Rated AAA AAA AAA AAA
Accuracy of post election audit (% of ballots counted accurately)N/A 100.00%N/A 100.00%N/A
Police Services
Part I and II Crime Rates - Part I 1,214 1,088 1,207 1214 #
Part I and II Crime Rates - Part II 1,756 1,640 1,919 1872 #
Part I and II Crime Clearance Rates - Part I 34.43%33.73%38.44%34.35%#
Part I and II Crime Clearance Rates - Part II 63.95%61.65%62.69%54.70%#
Fire & EMS Services
Insurance industry rating of fire services 3/9 3/9 3/9 3/9 3/9
Fire calls per 1,000 population 16.25 15.68 14.53 15.78 13.18
EMS call per 1,000 population 12.64 12.38 13.32 15.82 20.95
Streets
Average city street pavement condition rating 75 74 75 75 74
Expenditures for road rehabilitation per paved lane mile rehabilitated 334,314 314,332 346,312 336,579 488,711
Percentage of all jurisdiction lane miles rehabilitated in the year 2.88%4.59%2.64%1.75%2.08%
Average hours to complete road system during snow event 7.6 7.9 7.4 8.0 8.9
Water
Operating cost per 1,000,000 gallons of water pumped/produced 1,500 1,654 1,797 2,017 1,959
Sanitary Sewer
Number of sewer blockages on city system per 100 connections 0.020 - 0.006 0.026 0.108
# - BCA Data not available for 2017
GENERAL MEASURES
Percent Change in the Taxable Property Market Value:
Nuisance Code Enforcement Cases per 1,000 Population:
City of Apple Valley Bond Rating:
The City of Apple Valley maintains the highest possible credit rating from both Moody’s and Standard &
Poor’s ratings agencies. The City did not start receiving ratings from Standard & Poor’s until 2014.
Accuracy of Post-Election Audit (% of Ballots Counted Accurately):
One precinct in the City of Apple Valley was selected for the Post-Election Review in each of the last
three elections (2012, 2014, and 2016). There were no elections held in 2013, 2015, or 2017. The results
from each election met the standard of acceptable performance of the voting system. In 2012, of the
2,080 ballots audited, there was one ballot that had been marked with an “X” outside the oval or target,
which prevented the ballot tabulator from counting the vote. The intent of the mark was clear during
the manual counting of the Post-Election Review. There were 1,532 and 2,072 ballots audited in 2014
and 2016, respectively. The manual counts for both years matched 100 percent to the machine counts
taken on Election Day.
Agency 2013 2014 2015 2016 2017
Moody's Aaa Aaa Aaa Aaa Aaa
S&P N/A N/A AAA AAA AAA
POLICE SERVICES MEASURES
Part I and II Crime Rates, per the Minnesota Bureau of Criminal Apprehension:
Part I and II Crime Clearance Rates, per the Minnesota Bureau of Criminal Apprehension:
Part I crimes include murder, rape, aggravated assault, burglary, larceny, motor vehicle theft, arson, and
human trafficking. Part II crimes include other assaults, forgery and counterfeiting, embezzlement,
stolen property, vandalism, weapons, prostitution, other sex offenses, narcotics, gambling, family and
children crime, DUI, liquor laws, disorderly conduct, and other offenses. 2017 data will not be available
until July 2018. Therefore, the date range shown is 2012 to 2016.
FIRE SERVICES MEASURES
Insurance Industry Rating of Fire Services:
The City of Apple Valley completed a Public Protection Classification (PPC™) survey evaluating the
community’s structural fire suppression capabilities in 1997 and again in 2011. In 2011, the City’s overall
score was a Class 3 rating. Due to a recent revision in how the Insurance Service Office (ISO) rates
certain properties, those located over 1,000 feet from a fire hydrant are now categorized Class 9.
Fire Calls per 1,000 Population:
Emergency Medical Services (EMS) Calls per 1,000 Population:
NOTE: EMS services for the City of Apple Valley are provided by Allina Medical Transportation.
2013 2014 2015 2016 2017
3/9 3/9 3/9 3/9 3/9
STREETS MEASURES
Average City Street Pavement Condition Rating:
The implementation of the City’s Pavement Management Program in 2013 is resulting in improving
street quality. The Pavement Condition Index target rating is 73.
Expenditures for Road Rehabilitation per Paved Lane Mile Rehabilitated:
2013 2014 2015 2016 2017
75 74 75 75 74
$334,314 $314,332 $346,312 $336,579
$488,711
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2013 2014 2015 2016 2017
Expenditures per Paved Lane Mile
Expenditures per Paved Land Mile
Percentage of all Jurisdiction Lane Miles Rehabilitated in the Year:
Average Hours to Complete Road System During Snow Event:
WATER & SANITARY SEWER MEASURES
Operating Cost per 1,000,000 Gallons of Water Pumped/Produced:
Note: Expanded Water Treatment Plant began operations in 2015.
Number of Sewer Blockages on City System per 100 Connections:
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A uthorizing City Clerk to Appoint Deputy City Clerks for 2018 Election
A dministration
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:
Adopt the resolution authorizing the C ity C lerk to appoint Deputy C ity C lerks for 2018
election administration.
S UM M ARY:
In accordance with state law, an eligible voter may vote by absentee ballot in the office of the
County Auditor and at any other polling place designated by the County Auditor. Apple
Valley is designated as an absentee voting location and as a polling site for the acceptance,
rejection, and counting of absentee ballots.
Residents voting by absentee ballot at the Municipal C enter must have their absentee ballot
return envelope witnessed by a person who is registered to vote in Minnesota or by a notary
public or other individual authorized to administer oaths. T he Secretary of State’s Office
recommends C ity staff who are responsible to assist voters by witnessing ballot return
envelopes be appointed as Deputy C ity C lerks for the administration of elections so they
may complete the witness statement as an election official.
In addition, Minnesota Statute requires the Absentee Ballot Board, which accepts, rejects,
and counts absentee ballots, to be made up of election judges or Deputy C ity Clerks trained
in the handling of absentee ballots.
T he attached resolution would authorize the C ity C lerk to appoint those staff members who
assist with the absentee voting processes as Deputy C ity C lerks for 2018 election
administration.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION AUTHORIZING CITY CLERK TO APPOINT DEPUTY CITY CLERKS
FOR 2018 ELECTION ADMINISTRATION
WHEREAS, Minnesota Statutes Section 412.151 provides as follows:
“With the consent of the council, the clerk may appoint a deputy for whose acts the
clerk shall be responsible and whom the clerk may remove at pleasure”; and
WHEREAS, the City Clerk deems it necessary to appoint one or more Deputy City
Clerks, in 2018, to assist with the City Clerk’s duties, including, without limitation,
administration of absentee voting for the City of Apple Valley.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the City Clerk is authorized to appoint Deputy City
Clerks to discharge any of the duties of the City Clerk as specified in such appointment, and to
remove such appointment at the pleasure of the City Clerk.
ADOPTED this 14th day of June, 2018.
___________________________________
Mayor Hamann-Roland, Mayor
ATTEST:
____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution Establishing Parking Restrictions and Road Closures for Freedom Days
Celebration Events
S taff Contact:
Michael Glewwe, P ublic Works S uperintendent - Streets
Department / Division:
S treets Division
AC T I O N RE Q UE S T E D:
Adopt the resolution establishing parking restrictions and road closures for the Freedom
Days celebration events.
S UM M ARY:
T he Public Works Department is requesting the establishment of temporary parking
restrictions and road closures for the 2018 Freedom Days celebration events. T he requested
parking restrictions and road closures provide for an unrestricted parade route, staging area,
Fun Run Route and support of the public fireworks display.
In addition, Public Works is requesting the temporary street closure of Upper 145th Street W
and a portion of Granada Avenue for the Freedom Days kick-off event featuring classic cars
and music.
Should Council adopt the attached resolution, the Public Works Department will schedule the
installation of appropriate "No Parking" signs and post road closures to provide advance
notice to the public.
B AC K G RO UND:
Parking restrictions have been established for the Freedom Days celebration for the past
several years.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION RESTRICTING PARKING AND CLOSING ROADS
WHEREAS, the Apple Valley City Code, Section 71.19, authorizes the City Council to
restrict parking and close roads by ordering the erection of appropriate signs; and
WHEREAS, it is necessary to restrict parking and close certain City streets to provide for
Freedom Days events, parade route, staging area, and Fun Run route.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that Road Closures are hereby established on the following
streets from 2:00 p.m. on June 29, 2018 to 1:00 a.m. June 30, 2018:
• Upper 145th Street W between Granada Drive and Glenda Drive
• Granada Drive from 40’ South of Upper 145th Street W to
220’ North of Upper 145th Street W; and
No Parking zones are hereby established on the following streets from 11:00 a.m. on July 3, 2018,
to 4:00 p.m. on July 4, 2018:
• North side of Jonathan Drive from McIntosh Drive to Pennock Avenue
• Whitney Drive from Cedar Avenue to Harmony Way
• Pennock Avenue from Whitney Drive to 153rd Street West
• Pennock Avenue from 147th Street West to 145th Street West
• 145th Street West from Pennock Avenue to Hayes Road
• Hayes Road from 145th Street West to 140th Street West
• North side of 143rd Street West from Hayes Road to Garden View Drive; and
Road Closures are hereby established on the following street from 4:30 p.m. until 11:59 p.m. on
July 4, 2018:
• Johnny Cake Ridge Road between 140th Street and 142nd Street W
BE IT FURTHER RESOLVED that appropriate No Parking and Road Closure signage on
said street segments are hereby ordered installed.
ADOPTED this 14th day of June, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A uthorize Temporary Parking at K elley P ark for S pecial Events
S taff Contact:
J ohn Bermel, Captain
Department / Division:
P olice Department
AC T I O N RE Q UE S T E D:
Authorize temporary parking at Kelley Park for special events, as recommended by the Chief
of Police.
S UM M ARY:
T he C ity will co-sponsor a number of special events at Kelley Park over the course of J une,
J uly, August, and September 2018. T hese include the C oncert in Kelley Park Music Series,
the Annual Business Watch Picnic and Oktoberfest. We anticipate the attendance and
logistical workings at these events will demand parking on non-paved surfaces for
performers, vendors, service organizations, and possibly attendees.
B AC K G RO UND:
City Ordinance §155.373.B.3 states in part:
All motorized vehicles, regardless of type, method of propulsion, or placement on a trailer,
and all C lass II vehicles and trailers shall be parked or stored on a paved surface.
City Ordinance §95.03.(A) and (B) states:
(A) Operation of motor vehicles. No person shall drive or operate a motor vehicle in
any park except on roads or designated parking areas or other areas as the city shall
designate, and no person shall operate a motor vehicle within a park at a speed in
excess of ten miles per hour.
(B) Parking of motor vehicles. 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 and no
person shall park or leave any unauthorized motor vehicle within a park when persons
are not permitted in the park as set forth in § 95.04. A violation of this section is a petty
misdemeanor.
City Ordinance §71.02.C .(1) and (2) states:
(1) When determined to be in the best interest for the health, safety and welfare of the
residents, property owners, business or commuting public, the C hief of Police is
empowered with the authority of the C ity C ouncil to restrict or allow parking, and the
enforcement thereof, on public thoroughfares and private property by means of installing
or ordering the installation of signage, barricades or other physical means as necessary
to convey the intent for proper enforcement in accordance with the state statutes, city
code or other local ordinances.
(2) When parking is restricted pursuant to subsection (1) above or it is determined to
allow parking, the City C ouncil shall be so informed of the specific area affected and
the type of control at the next regularly scheduled meeting from the date of the
installation or sooner. T he C ity C ouncil retains the rights to rescind, modify or reaffirm
the controls as it deems necessary.
Increased attendance at Kelley Park events, new multi-housing construction around Kelley
Park, and the increased scale of events increases the number of people and vehicles in the
area. T he Police Department is concerned that if this additional parking permission is not
granted, the number and type of vehicles having to move in and out of the park area for setup
will create a hazard for people attending events. T his provision will allow for vehicles to
remain stationary for the duration of the events. T his provision will also allow parking off of
primary streets when attendance demands.
B UD G E T I M PAC T:
N/A
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A uthorizing Preparation of Feasibility S tudy for P roject 2019-106, 147th S treet
W. and Glazier Avenue I ntersection I mprovements
S taff Contact:
Matt Saam, Public Works Director
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt the resolution authorizing the preparation of a Feasibility Study for Project 2019-106,
147th Street W. and Glazier Avenue Intersection Improvements.
S UM M ARY:
T he City of Apple Valley’s draft 2018-2022 Capital Improvements Program includes
improvements to the 147th Street W. and Glazier Avenue intersections in 2019. With the
recent development application by Ryan C ompanies at the southeast corner of C edar Avenue
and 147th Street, staff thought it would be prudent to begin work on a feasibility study for the
this construction area. T he feasibility study will recommend a course of improvement for the
roadway and intersections, any necessary utility improvements, streetscape, and provide a
cost estimate. T he feasibility study is required by C hapter 429 of State Statute in case the
City chooses to assess any part of the future project.
A map of the proposed study areas is attached.
B AC K G RO UND:
Staff will be utilizing the C ity’s existing engineering consultant pool to obtain proposals from
consultants for this work.
B UD G E T I M PAC T:
T he draft 2018-2022 C IP shows funding for this project coming from a combination of
assessments and available funding in existing T IF. An estimate of the funding necessary for
the feasibility study is below.
Estimated C onsultant Cost:$ 80,000
T IF Funding: $ 80,000
AT TAC HM E NT S :
Map
Resolution
147TH ST W
GLAZIER AVECEDAR AVEGLAZIER AVEGARRETT AVE150TH ST W
UPPER 146TH ST
1
4
6
T
H
W
A
Y
WGLAZIER AVE145TH ST W
GLENDA DR151ST ST WGLEASON PATHGARRETT AVEPROJECT AREA
2019-106 147TH Street W and Glazier Avenue Intersection Improvements
City of Apple Valley
Figure 1
FEETSCALE
0 400200
HORZ.
N
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-__
A RESOLUTION AUTHORIZING PREPARATION OF A FEASIBILITY STUDY FOR
PROJECT 2019-106, 147TH STREET W AND
GLAZIER AVENUE INTERSECTION IMPROVEMENTS
WHEREAS, the City’s draft Capital Improvements Program identifies the intersections of
147th Street W and Glazier Avenue for proposed infrastructure improvements in 2019; and
WHEREAS, it would be prudent to complete a feasibility study for the above construction
area; and
WHEREAS, the City Council considers it to be in the best interest of the City to begin the
process of information/data gathering for improvements scheduled for construction in the year
2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. Project 2019-106, 147th Street W and Glazier Avenue Intersection
Improvements is hereby established.
2. Staff is directed to conduct preliminary field work and prepare a Feasibility
Study.
3. Estimated project costs and proposed funding for the Feasibility Study are
authorized as follows:
Estimated Project Costs:
Feasibility Study $ 80,000
Estimated Project Funding:
Existing TIF Fund $ 80,000
ADOPTED this 14th day of June 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Reduction of Natural Resources Management P ermit F inancial Guarantee
S taff Contact:
J essica Schaum, Natural Resources Coordinator
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Approve the full release of the remaining Natural Resources Management Permit financial
guarantee to First American Title C o. in the amount of $13,400.
S UM M ARY:
T he following project has been inspected and is compliant according to C ity requirements:
1. Remington C ove Apartments (Phase 2)
Cash C heck No. 333049151
Amount $13,400.00
Reduce now to $0.00
B AC K G RO UND:
T he C ity retains Natural Resources Management Permit (N RMP) financial securities to
ensure the protection of natural resources during land disturbing activities.
B UD G E T I M PAC T:
N/A
I T E M: 4.K.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
14386 E mbry Court - Four Season P orch and S hed Setback Variances
S taff Contact:
A lex Sharpe, Planner and Economic Development Spec.
Department / Division:
Community Development Department
Applicant:
Frank Nelson
P roject Number:
P C18-11-V
Applicant Date: 5/2/2018 60 Days: 7/1/2018 120 Days: 8/30/2018
AC T I O N RE Q UE S T E D:
1. Adopt the resolution approving an 8' variance reducing the principal structure rear yard
setback from 30' to 22' for a 224 sq. ft. four season porch addition, subject to all City
Codes and conditions.
2. Adopt the resolution approving 2' 6" variance reducing the side yard setback for an
accessory structure from 5' to 2' 6", and a 5' 6" variance reducing the rear yard setback
from 10' to 4' 6" for an accessory structure for an existing shed on the property, subject
to conditions.
S UM M ARY:
Mr. Frank Nelson, 14386 Embry C ourt, has applied for an 8' principal structure rear yard
setback variance to construct a 224 sq. ft. four season porch addition. T he home is located in
a cul-de-sac and has an irregularly shaped lot. T he proposed porch abuts the southern
property line, which is the rear property line of the home. D ue to the angle of the rear lot line,
and the 30' principal structure setback, the home is restricted on it's size.
T he rear lot line, per code section 155.033 is defined as any line opposite of the front lot line
this creates an angled, irregular rear lot line for this property. Adjacent properties are able to
meet their rear yard setbacks due to regular lot configurations, thus the impact that the
proposed porch will have on adjacent properties is minimal.
While reviewing the proposal, staff found that the existing shed did not meet setback
requirements, and had been placed in an easement. A building permit was not issued for this
shed, and no prior variances were granted. T he shed is approximately 20 years old, and is on
a permanent foundation that cannot be moved without demolition. T he applicant is seeking
variances on the side yard and rear yard setback requirements.
T he Planning C ommission reviewed this item on J une 6th, and unanimously recommended
approval.
P rincipal Structure Setback P ractical Difficulties
T he 2030 C omprehensive Plan states that the C ity will encourage "the reinvestment and
maintenance of property" that allow residents to age in place.
Staff recommended approval of the principal structure rear yard setback variance for the four
season porch due to the following practical difficulties.
1. T he lot is irregular, and creates a scenario where a portion of the home does not have
the same rear setback as another portion.
2. T he rear lot line is angled, creating an inconsistent setback along the rear lot line. T he
variance would not be necessary if the lot line were consistent.
3. T he position of the porch on the home can not be shifted to reduce the variance due to a
cantilevered section of the home.
4. T he C ity, through the Comprehensive Plan, has encouraged residents to update and
maintain their homes.
Accessory Structure Setback P ractical Difficulties
1. T he lot is irregular, and creates a scenario where a portion of the home does not have
the same rear setback as another portion.
2. T he rear lot line is angled, creating an inconsistent setback along the rear lot line. T he
variance would not be necessary if the lot line were consistent.
3. T he shed is an existing structure, constructed nearly 20 years prior to this application.
4. T he C ity, through the C omprehensive Plan, has encouraged residents to update and
maintain their properties.
B AC K G RO UND:
T hree variance actions are requested as part of this application. T he primary item of this
application is a rear yard setback variance for the principal structure from 30' to 22' for the
construction of a 224 sq. ft. four season porch.
T he second and third actions are side yard and rear yard setback variances for an existing
shed on the property. T hese actions were added as requests by the applicant due to the non-
conformity found during review. T he shed is located 4' 7" from the rear property line where
10' is required and 2' 6" from the side property line where 5' is required. C ity code allows
setbacks to be rounded to the nearest 6".
Accessory Structure Setback
Upon review of the proposal, staff found that an existing shed had non-conforming side yard
and rear yard setback standards for accessory structures. T he shed was constructed
approximately 20 years ago, and was not required to receive a building permit. Additionally,
the shed encroaches into the property easements. If proposed today, staff would not permit
the structure, and would not recommend approval of a variance for a new structure. However,
as this structure was built approximately 20 years ago it will not negatively impact the
character of the neighborhood.
T he applicant is seeking additional variances for the rear yard and side yard setbacks for the
existing accessory structure. A s stated, the rear requires a 5' 6" variance, and the side
requires a 2' 6" variance in order to be compliant. If granted, a condition has been placed that
an encroachment agreement be completed with the C ity or the shed shall be removed within
one year of the date of approval of this variance. T his agreement will state that in the event
the C ity needs access to the easements for any work the shed will be removed at the cost of
the applicant. T he applicant has stated that the shed cannot be moved, short of demolishing
the structure due to the solid construction and concrete slab base.
P ractical Difficulties
Staff reviews variance applications based strictly upon the requirements of the state statutes
and the City C ode which require that the applicant establish that there are practical
difficulties present in order for a variance to be granted, and that logical alternatives are not
available.
Definition of “Practical Difficulties”:
T he applicant proposes to use the property in a reasonable manner not permitted by the
zoning provisions of the code;
T he plight of the applicant is due to circumstances unique to the property not created by
the applicant; and
T he variance, if granted, will not alter the essential character of the locality.
Economic considerations alone do not constitute practical difficulties.
In order to grant a variance, the C ity considers the following factors to determine whether the
applicant established that there are practical difficulties in complying with the provision(s) of
the Code:
1. Special conditions apply to the structure or land in question that are particular to the
property and do not apply generally to other land or structures in the district or vicinity
in which the land is located; and
2. T he granting of the proposed variance will not be contrary to the intent of this chapter;
and
3. T he special conditions or circumstances do not result from the actions of the
owner/applicant; and
4. T he granting of the variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate practical difficulties in complying with the zoning provisions of
this C ode; and
5. T he variance requested is the minimum variance necessary to alleviate the practical
difficulty.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
Resolution
Area Map
Z oning Map
Survey
Elevations
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 -
A RESOLUTION APPROVING A 8 FOOT REAR YARD SETBACK VARIANCE TO
CONSTRUCT A 224 SQ. FT. FOUR SEASON PORCH ADDITION
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 practical difficulties
exist which do not apply to the area in general; and
WHEREAS, an application for a variance, (“PROJECT”), was submitted by Frank Nelson,
property owner,(“ APPLICANT”), for property located at 14386 Embry Court and legally
described as Lot 6, Block 1, Pilot Knob Estates Third Addition (“PREMISES”); and
WHEREAS, City Code §155. Appendix A sets the rear yard setback for a property zoned
“R3” (Single Family Residential 11,000 sq. ft.) at 30 feet; the PROJECT requests a variance to
allow a four season porch encroach 8 feet into the rear yard setback; and
WHEREAS, the Apple Valley Planning Commission reviewed the PROJECT at its public
meeting on June 6, 2018 and unanimously recommended approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the City Council finds that the applicant established that the
following practical difficulties exist on the property in accordance with the City’s zoning
regulations:
1. The lot is irregular, and creates a scenario where a portion of the home does not have the
same rear setback as another portion.
2. The rear lot line is angled, creating an inconsistent setback along the rear lot line. The
variance would not be necessary if the lot line were consistent.
3. The position of the porch on the home cannot be shifted to reduce the variance due to a
cantilevered section of the home.
4. The City, through the Comprehensive Plan, has encouraged residents to update and
maintain their homes.
BE IF FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota
County, Minnesota, that a 8 foot variance to required rear yard setback to construct a window well
hereby approved, subject to all applicable City Codes and standards, and the following conditions:
1. The variance shall be applicable to Lot 6, Block 1, Pilot Knob Estates Third Addition.
2
2. If applicable, a Natural Resource Management Permit (NRMP) shall be obtained prior
to any site disturbance including site grading.
3. Prior to issuance of the building permit, the existing shed which does not meet setback
requirements shall be brought into compliance either through a granted variance or
other means.
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 Fire Code, as determined by the Apple Valley Fire
Marshal.
ADOPTED this 14th day of June, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
3
CERTIFICATE
I, Pamela 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 ____ day of ___________, 20__.
________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 -
A RESOLUTION APPROVING A 2 FOOT 6 INCH SIDE YARD SETBACK VARIANCE AND
A 5 FOOT 6 INCH REAR YARD SETBACK VARIANCE FOR AN EXISTING SHED
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 practical difficulties
exist which do not apply to the area in general; and
WHEREAS, an application for a variance, (“PROJECT”), was submitted by Frank Nelson,
property owner,(“ APPLICANT”), for property located at 14386 Embry Court and legally
described as Lot 6, Block 1, Pilot Knob Estates Third Addition (“PREMISES”); and
WHEREAS, City Code §155. Appendix A sets the rear yard setback for accessory
structures for property zoned “R3” (Single Family Residential 11,000 sq. ft.); the PROJECT
requests a variance to allow an existing shed to remain in its current location which does not
comply with setbacks; and
WHEREAS, the Apple Valley Planning Commission reviewed the PROJECT at its public
meeting on June 6, 2018 and unanimously recommended approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the City Council finds that the applicant established that the
following practical difficulties exist on the property in accordance with the City’s zoning
regulations:
1. The lot is irregular, and creates a scenario where a portion of the home does not have the
same rear setback as another portion.
2. The rear lot line is angled, creating an inconsistent setback along the rear lot line. The
variance would not be necessary if the lot line were consistent.
3. The shed is an existing structure, constructed nearly 20 years prior to this application.
4. The City, through the Comprehensive Plan, has encouraged residents to update and
maintain their homes and properties.
BE IF FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota
County, Minnesota, that a 2 foot 6 inch variance to the required side yard setback and a 5 foot 6
inch variance to the required rear yard setback for an existing shed hereby approved, subject to all
applicable City Codes and standards, and the following conditions:
1. The variance shall be applicable to Lot 6, Block 1, Pilot Knob Estates Third Addition.
2
2. An encroachment agreement shall be obtained with the City stating that the shed will
be removed if access to the easement is necessary or the shed shall be removed within
one year of the approved variance.
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 Fire Code, as determined by the Apple Valley Fire
Marshal.
ADOPTED this 14th day of June, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
3
CERTIFICATE
I, Pamela 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 ____ day of ___________, 20__.
________________________________
Pamela J. Gackstetter, City Clerk
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I T E M: 4.L .
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
Quarry P onds F ifth Addition
S taff Contact:
Thomas L ovelace, City Planner
Department / Division:
Community Development Department
Applicant:
Rockport, L L C
P roject Number:
P C18- 47-Z S
Applicant Date: 4/23/2018 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Adopt the resolutions approving the Quarry Ponds Fifth Addition final plat and development
agreement, and planned development agreement.
S UM M ARY:
For your consideration are the final plat and development agreement, and the planned
development agreement for the Quarry Ponds Fifth Addition. T he final plat, which is located
along the west side of future J ohnny Cake Ridge Road and north of 157th Street West,
identifies 34 single-family lots, and two outlots. Outlot A will be reserved for future single-
family residential development. O utlot B is part of an existing unplatted parcel that is
located adjacent to the Lots 1-8, Block 3 of the proposed Fifth Addition and Lots 1-8, Block
1 of the Quarry Ponds Fourth Addition. T he parcel, which is 15-17 feet wide, is part of an
old surveyor's gap that extends from the half-line of Section 35, south into the 160th Street
West right-of-way currently owned by the City. Including this outlot in the final plat will help
to clean up the gap, and will require the C ity to sign the final plat as a property owner.
T he draft development agreement that has been prepared by the C ity Attorney, refers to the
installation and required financial guarantees for all the developer and municipal
improvements to serve the lots within the plat. T he agreement also calls out the immediate
installation of all subdivision monuments, dedication of the standard perimeter drainage and
utility easements over and across the lots, as well as dedication of the following easements:
An access restriction easement restricting access from the lots directly abutting J ohnny
Cake Ridge Road; and
A 55-foot drainage and utility easement over the rear yard area of lots abutting J ohnny
Cake Ridge Road, south of Fairfield Drive.
T he development agreement also calls out the requirement for a cash-in-lieu of land
dedication in the amount of $65,751.25 that will satisfy the subdivision park dedication
requirements. Storm water pond dedication requirements have been satisfied by the previous
dedication and construction of the C ity's EVR-P443 storm water pond, which is located
within Outlots A and B of the Regent's Point development.
T he planned development agreement acknowledges that the developer will develop the
property in accordance with the requirements set forth in Planned Development No. 975/zone
1 of the C ity's zoning code, the conditions set forth in the approved preliminary plat
resolution, and all approved plans and specification for the 34-lot single-family residential
development. T he agreement also terminates any and all approved sand and gravel mining
conditional use permits on the subject property.
B AC K G RO UND:
A public hearing on the proposed rezoning, a planned development ordinance amendment, and
subdivision of the subject property was held by the Planning C ommission on February 7,
2018. T he Commission recommended approval of the requests at their February 21, 2018,
meeting.
On March 22, 2018, the City C ouncil approved the rezoning of the property from "SG"
(Sand and Gravel) to "P D-975/zone 1" (Planned Development), a planned development
ordinance amendment that allowed for reduced front yard setbacks for all lots containing a
52-foot wide pipeline easement; and the Quarry Ponds Fifth Addition preliminary plat,
subject to conditions set forth in the Resolution No. 2018-44.
T he proposed final plat and terms and conditions of the development agreement and planned
development agreement are consistent with the conditions of the approved preliminary plat
resolution, with the exception of conditions no. 23 and 24, which required conservation
easements over a portion of the rear yard of lots abutting J ohnny C ake Ridge Road. It has
been agreed that the conservation easements are not necessary because of a
substantial drainage and utility easement over that same rear yard area of the lots abutting
J ohnny Cake Ridge Road.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
L ocation Map
Resolution
F inal Plat
Agreement
Resolution
Agreement
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL
QUARRY PONDS FIFTH ADDITION
WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and
WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a
public hearing on an application for subdivision of land by plat on February 7, 2018; and
WHEREAS, the City Planning Commission found the preliminary plat to be in conformance
with the standards of Chapter 153 of the City Code and recommended its approval on February 21,
2018, which was subsequently approved by the City Council on March 22, 2018; and
WHEREAS, pursuant to Chapter 153 of the City Code, a development agreement between the
applicant and the City detailing the installation of the required improvements in the subdivision and the
method of payment therefore has been prepared; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the development agreement and final plat for the following described
plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit:
QUARRY PONDS FIFTH ADDITION
BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said plat shall be
filed with the Dakota County Recorder within sixty (60) days of the certified release from the City
offices or such approval shall be null and void.
ADOPTED this 14th day of June, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a
resolution adopted by the City Council and the final plat described therein is hereby released for
recording with the Dakota County Recorder this _____ day of __________________, ______.
____________________________________
Pamela J. Gackstetter, City Clerk
______________________________
_______________________________________
DEVELOPMENT AGREEMENT
Between
ROCKPORT, LLC
And
CITY OF APPLE VALLEY
For
QUARRY PONDS FIFTH ADDITION
_______________________________________
______________________________
AGREEMENT
WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the “City”),
has been requested by Rockport, LLC, a Minnesota limited liability company, (the
“Developer”) to approve for recording the following described subdivision of land:
The Plat of Quarry Ponds Fifth Addition (the “Subdivision”); and
WHEREAS, the Developer intends to develop the Subdivision as thirty-four (34)
lots for residential dwellings and one outlot for future development of single family lots;
and
WHEREAS, pursuant to City Ordinances, the Planning Commission held a public
hearing with reference to the application for approval of the preliminary plat on February
7, 2018; and
WHEREAS, the Planning Commission recommended its approval of the
preliminary plat on February 21, 2018; and
WHEREAS, the City Council approved the preliminary plat on March 22, 2018;
NOW, THEREFORE, in consideration of the mutual agreements of the parties it is
hereby agreed by and between the parties as follows:
1. Subject to the terms and conditions of this Agreement, the City hereby
approves for recording the plat known as Quarry Ponds Fifth Addition, as shown and
noted on Exhibit “A” attached hereto.
2. The Developer shall comply with the conditions of preliminary plat
approval set forth in City of Apple Valley Resolution No. 2018-44, save and except for
conditions 23 and 24, which have been determined to be unnecessary due in part to the
extent of the drainage and utility easements abutting Johnny Cake Ridge Road, a copy of
which is attached hereto as Exhibit “B” and incorporated herein.
3. The Developer has requested and the City has designed the necessary water
laterals and services, sanitary sewer laterals and services, storm sewer bituminous streets
with concrete curb and concrete sidewalks and bituminous trail to service this
Subdivision (the “Municipal Improvements”). These Municipal Improvements are
identified in the plans for Apple Valley Project No. 2017-136 (the “Municipal Plans”).
The Municipal Improvements shall be maintained as follows:
3
A. The City shall only be responsible for maintenance of sanitary sewer
lines having a pipe equal to or greater than eight inches in diameter
and located within public right-of-way or utility easement.
Maintenance of service and lateral lines shall be in accordance with
City Policy 2.03 Water and Sanitary Sewer Service Maintenance and
Repair Policy Adopted July 8, 2010, per resolution 2010-144.
B. The City shall only be responsible for the maintenance of water lines
having a pipe equal to or greater than six inches in diameter and
located within public right-of-way or utility easement. Maintenance
of service and lateral lines shall be in accordance with City Policy
2.03 Water and Sanitary Sewer Service Maintenance and Repair
Policy Adopted July 8, 2010, per resolution 2010-144.
C. The storm sewer improvements shall be owned and maintained by
the City and shall be located entirely within public right-of-way or
dedicated public easements.
4. Subject to the provisions hereunder, the Developer shall install the
Municipal Improvements in accordance with the Municipal Plans and install
improvements in accordance with and under the following conditions:
A. To grade the single-family lots in accordance with the Grading, Drainage
and Erosion Control Plan prepared by Probe Engineering, dated April 18,
2018, and any subsequent revisions as approved by City Engineer. No
structure shall be erected on the Outlots.
B. To construct sidewalk(s) and driveways with concrete or bituminous
material in accordance with City construction standards.
C. To seal or cause to be sealed all existing wells on the Property in
accordance with State, County and local laws.
D. To install a protective box and cover over each sewer cleanout and water
shutoff, to City specifications.
E. To install all lot monuments upon or before October 31, 2018.
F. To install and maintain all materials (trees, shrubs and sod) identified in the
City approved landscape plan.
G. The Developer agrees to comply with all requirements of the Natural
Resources management regulations as set forth in Chapter 152 of the Apple
4
Valley City Code prior to, during and after the development of the
Property. The Developer further agrees to submit to the City for its
approval, a Natural Resources Management Plan prior to any construction
or land-disturbing activity in connection with the development of the WSP
Property. The Developer shall implement and comply with all terms and
conditions of the approved Natural Resources Management Plan prior to
and during any construction or land-disturbing activity, including, but not
limited to, maintaining the performance security required in Chapter 152 of
the Apple Valley City Code.
H. To install erosion control measures in accordance with the approved
Natural Resources Management Plan.
I. To install each item noted in this Section at the Developer's sole cost and
expense, in accordance with all plans reviewed and approved by the City.
J. To attend a preconstruction meeting with representatives of the City and to
require the attendance of all contractors and subcontractors, prior to
commencement of construction.
K. Developer will not bury any pipe nor install bituminous surface nor pour
concrete pursuant to implementing the Plans, without the specific approval
of the City Inspector, prior to the work being performed.
L. All “on-site” inspections by the City during the construction of the
improvements described herein will be done at the sole cost and expense of
Developer, by inspectors supplied by the City.
M. The Developer shall repair any and all damage to City streets, curbs,
gutters, utilities and other municipal improvements caused by or resulting
from the development of the Property, at the Developer’s sole cost and
expense.
N. Periodically upon Developer’s written request and upon completion and
verification of satisfactory compliance of any installed improvements; a
like percentage of that portion of the Financial Guaranty covering those
specific completed improvements may be released; except however the
final twenty percent (20%) of that portion of the Financial Guaranty
covering the improvements shall be held until a final acceptance by the City
of all requirements under the Development Agreement. At the time of final
inspection of all improvements, if it is determined by the City that the
submitted plans and specifications were not strictly adhered to or that work
was done without City inspection, the City may require that Developer post
5
a cash escrow equal to one hundred twenty-five percent (125%) of the
estimated amount necessary to correct the deficiency or to protect against
deficiencies arising therefrom. Such additional cash escrow shall remain in
force for such time as the City deems necessary, not to exceed five (5)
years.
O. To pay the City's reasonable costs related to the Property and this
Agreement, including but not limited to design of the Municipal
Improvements, administration, engineering, legal fees, inspection and
enforcement. The City shall submit invoices to the Developer with detailed
descriptions of the services rendered by the City in accordance with this
Agreement. The Developer shall deposit the sum of $112,415.00 with the
City toward payment of the City's reasonable costs. If the City's reasonable
costs exceed the deposit, Developer agrees to reimburse the City within
thirty (30) days of billing. Should the costs be less than the amount of the
deposit, upon completion of the improvements, the amount remaining on
deposit shall be returned to the Developer.
P. That any material violation of the terms of this Agreement and in particular
this section, shall allow the City to stop and enjoin all construction in the
Property until the violation is remedied to the reasonable satisfaction of the
City. The Developer agrees to hold the City harmless from any damages,
causes of action, or claims related to the construction being stopped by the
City.
Q. All “on-site” inspections by the City will be done at the sole cost and
expense of Developer, by persons supplied by the City.
R. Building construction shall be limited to the hours of 6:00 a.m. to 10:00
p.m. Monday through Friday. No building construction shall occur on
Saturday or Sunday.
S. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30
p.m. Monday through Friday. Earthmoving activities shall not occur on
Saturday or Sunday. 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.
5. Unless a longer warranty period is provided by Minnesota law, the
Developer warrants all Municipal Improvements required to be performed by Developer,
its agents and employees, against poor materials and faulty workmanship for a period of
6
two (2) years after acceptance by the City. Developer shall provide a warranty bond(s), in
an amount equal to the cost of the Municipal Improvements, for a two (2) year period
commencing upon the City's acceptance of the Municipal Improvements. The Developer
shall be solely responsible for the cost and expense to perform all required repair work to
City Standards within thirty (30) days of written notification by the City.
6. The Developer shall not commence the Municipal Improvements until it
has obtained all insurance required under this Section and shall have filed the certificate
of insurance or the certified copy of the insurance policy with the City, and the Developer
shall maintain such insurance until the date six (6) months after the City has accepted the
Improvements. The Developer shall not allow any subcontractor to commence work on
its subcontract until all insurance required for the subcontractor has been obtained. Each
insurance policy shall contain a clause providing that it shall not be canceled by the
insurance company without ten (10) days written notice to the City of intent to cancel.
The Developer shall notify its insurance company in writing that the insurance company
must notify the City if it cancels the Developer’s insurance. The Developer shall provide
a copy of this written notice to the City. Each insurance policy shall contain a clause
naming the City as an additionally insured party under the policy.
Certificates of insurance shall be submitted on Standard Form
C.I.C.C.-701 or ACORD 25 forms and shall specifically note the
clause providing for 10 days written notice to the City of intent to
cancel. The certificates of insurance shall also specifically note the
clause naming the City as an additionally insured party under the
policy. The following minimum coverage shall apply.
i) Worker's compensation insurance as required by law.
ii) Employer’s liability insurance with minimum limits as follows:
Bodily Injury By Disease: $500,000 per person
Bodily Injury By Disease: $500,000 general aggregate
Bodily Injury By Accident: $500,000 general aggregate
iii) Contractor’s Comprehensive general and automobile liability
insurance, including coverage for non-owned and hired vehicles, in
limits as follows:
General Liability - $1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability - $1,000,000 Combined Single Limit for
Bodily Injury and Property damage
7
iv) In addition to all listed coverages, Developer shall procure and
maintain an Umbrella or Excess liability policy in a minimum limit
of $2,000,000.
A. Minimum Insurance Requirements. Losses other than those covered
by insurance shall be the sole responsibility of the Developer. The
insurance requirements as set forth herein shall be considered to be
minimum requirements only. Any other insurance that may be
necessary to provide adequate coverage must be provided by the
Developer at its sole cost and expense.
B. Contractual Liability. To the fullest extent permitted by law, the
Developer shall indemnify and hold harmless the City and its agents
and employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorneys' fees
arising out of or resulting from the performance of this Agreement
provided that any such claim, damage, loss or expense, but only to
the extent the same (1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property
(other than the work itself) including the loss of use resulting
therefrom, and (2) is caused in whole or in part by any negligent act
or omission of the Developer, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part
by a party indemnified hereunder, but not to the extent caused by the
gross negligence or willful misconduct of a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge
or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person described in this
Section.
7. Prior to the release of the Plat for recording, the Developer shall have
deposited with the City the Financial Guaranty. The Developer shall furnish the City with
the Financial Guaranty from a bank or lending institution acceptable to the City. The
amount of the Financial Guaranty was calculated as follows:
8
A – DEVELOPER IMPROVEMENTS
Item Amount
Driveways $200.00 / Lot
Sidewalks $200.00 / Lot
Landscaping $200.00 / Lot
Subdivision monuments $200.00 / Lot
Protective utility service boxes $100.00 / Lot
As-Built Surveys $100.00 / Lot
Subtotal per lot: $1,000.00 / Lot
Subtotal A (34 lots): $34,000.00
B - MUNICIPAL IMPROVEMENTS
Total estimated cost of $967,405.00
Project No. 2017-136
Subtotal B: $967,405.00
Total Financial Guaranty (A + B) = $1,001,405.00
This breakdown is for historical reference only. It is not a restriction on the use of the
Financial Guaranty. The bank or financial institution and the form of the Financial
Guaranty shall be subject to the approval of the City Finance Direct or and City Attorney.
The bank or financial institution must have a business office for presentment of the
Financial Guaranty within the Minnesota seven county Metropolitan Area. The City may
draw down the Financial Guaranty to pay for all reasonable costs and expenses incurred
by the City to enforce this Agreement including the costs incurred by the City in
connection with the collection of the Financial Guaranty and any remediation or
completion of improvements. If the Financial Guaranty is drawn down, the proceeds shall
be used to cure the default and, to the extent possible, reimburse the City its reasonable
costs and expenses.
A. Terms. The Financial Guaranty may be for a stated term provided it
is automatically renewable. The City may draw on the Financ ial
Guaranty, without notice, after an Event of Default has occurred
under this Agreement, which has not been remedied within any
applicable cure period or upon receiving notice that the Financial
9
Security will be allowed to lapse. If the required improvements are
not completed at least thirty (30) days prior to the expiration of the
Financial Security, the City may also draw down the Financial
Security.
B. Claims. In the event that the City receives claims from
subcontractors or materialmen that work required by this Agreement
has been performed and money due them has not been paid, and the
subcontractor or materialmen are seeking payment out of the
Financial Guaranty posted with the City, the Developer hereby
authorizes the City, at the City’s discretion, to commence an
Interpleader action pursuant to Rule 22 of the Minnesota Rules of
Civil Procedure for the District Courts at the Developer’s expense, to
include reasonable court costs and attorneys’ fees. The Developer
further authorizes the City to draw upon the Financial Guaranty in
the amount of one hundred twenty-five percent (125%) of the claim
together with reasonable attorneys’ fees and court costs, and to
deposit the funds in compliance with the Rule. Upon such deposit,
the Developer shall release, discharge and dismiss the City from any
further proceedings as it pertains to the funds deposited with the
District Court, except that the Court shall retain jurisdiction to
determine the amount of reasonable attorneys’ fees, costs and
expenses owed to the City pursuant to this Agreement.
C. Release of Financial Guaranty.
i. Part A - Developer Improvements. The portion of the
Financial Guaranty covering the Developer Improvements
shall not be released until a final acceptance by the City of all
requirements under the Development Agreement for the
Subdivision.
ii. Part B - Municipal Improvements. Periodically upon
Developer’s written request and upon completion and
verification of satisfactory compliance of any installed Public
Improvements, a like percentage of that portion of the
Financial Guaranty covering those specific completed Public
Improvements may be released; except however the final
twenty percent (20%) of that portion of the Financial
Guaranty covering the Public Improvements shall be held
until a final acceptance by the City of all requirements under
the Development Agreement for the Subdivision. At the time
of final inspection of all Public Improvements, if it is
10
determined by the City that the submitted plans and
specifications were not strictly adhered to or that work was
done without City inspection, the City may require that the
Developer post a cash escrow equal to one hundred twenty-
five percent (125%) of the estimated amount necessary to
correct the deficiency or to protect against deficiencies arising
therefrom. Such additional cash escrow shall remain in force
for such time as the City deems necessary, not to exceed five
(5) years.
8. Prior to the release of the plat for recording, the Developer shall:
A. Deliver to the City the Financial Guaranty of $1,001,405.00.
B. Deposit with the City of $112,415.00.
C. Pay the following trunk charges in the total amount of $102,784.20
for the 34 lots in the Subdivision:
Amount Calculation
Sanitary Sewer: $10,302.00 $303.00 per unit x 34 units
Water: $28,546.28 $2,653 per acre x 10.76 acres
Storm Sewer: $63,935.92 $5,942 per acre x 10.76 acres
Total: $102,784.20
($18,110.60) credit from prior development
$84,673.60
D. Pay the park dedication as set forth below.
9. Upon submission of a building permit application(s), the Developer agrees
to pay the City for the public services furnished to the Subdivision, an amount as
determined below upon the basis of units (per building) as determined by the City
Engineer, which amount shall be paid in the following manner:
A. Sewer Availability Charge - The rate per unit is based on the year in
which the building permit is issued (presently $2,828.00 per unit -
$2,485.00 Metro and $343.00 City). The person who applies for a
building permit shall pay, at the time of the issuance of the permit,
an amount equal to the rate times the number of units. This fee is
11
subject to change if the obligation of the City to the Metropolitan
Waste Control Commission changes.
B. Water System, Supply and Storage Charge - The rate per unit is
based on the year in which the building permit is issued (presently
$933.00 per SAC unit). The person who applies for a building permit
shall pay, at the time of the issuance of the permit, an amount equal
to the rate times the number of units.
10. The Developer agrees to install all utilities underground in the Subdivision,
specifically including electrical, telephone, cable television and gas services. The
Developer hereby represents that all utility services will be available for a building prior
to occupancy of any dwelling in that respective building.
11. No occupancy of any building in the Subdivision shall occur until water,
sanitary sewer, and a gravel driving surface are available for use to that building.
12. The parties mutually recognize and agree that the park dedication
requirements, as provided in Chapter 153 of the City Code, shall be satisfied by a cash
payment of $65,751.75. This amount shall be paid by the Developer prior to the release
of the plat for recording. The cash dedication payment is computed in the following
manner:
Use: Single-Family Dwellings
Persons Per Unit: 2.7
No. of Units: 34
Land Dedication: No. of units (34) x persons per unit (2.7) x 0.00955 = .87669acres
Cash Dedication: No. of acres (.87669) x land value ($75,000 per acre) = $65,751.75.
13. The parties mutually recognize and agree that storm water pond dedication
requirements have been satisfied by the dedication of Outlots A and B, Regent’s Point.
14. The Developer agrees to pay for and provide a lighting system for the
Subdivision. The layout of the lighting system shall be approved by the City Engineer.
15. The Developer agrees to provide the City with as-built mass grading
surveys, prior to the construction of any building within the Subdivision. The Developer
agrees to provide the City with as-built surveys for each building constructed within the
Subdivision, prior to the issuance of the Certificate of Occupancy for that building.
16. The Developer agrees to reimburse the City for all reasonable engineering,
administrative and legal costs and expenses incurred by the City in connection with this
Agreement, or the enforcement thereof.
12
17. The Developer shall provide and record with the plat an access restriction
easement in favor of the City to restrict access to Johnny Cake Ridge Road from the lots
directly the Road, as set forth in the form attached hereto as Exhibit “C.”
18. The Developer hereby specifically releases the members of the City
Council from any personal liability in connection with handling funds pursuant to the
terms of this Agreement, and further agrees to indemnify and hold the members of the
City Council harmless from any personal liability claim, of any and every nature
whatsoever, as a result of this Agreement or the creation of the Subdivision.
19. The parties mutually recognize and agree that all terms and conditions of
this Agreement run with the land herein described with respect to the particular lot
affected and shall be binding upon the heirs, administrators, successors and assigns of the
Developer.
IN WITNESS WHEREOF, the parties have hereunto set their hands.
13
DEVELOPMENT AGREEMENT
Signature page for the Developer
DEVELOPER:
Rockport, LLC,
a Minnesota limited liability company
By:
Peter W. Fischer
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _____ day of , 2018, before me a Notary Public within
and for said County, personally appeared Peter W. Fischer, to me personally known, who
being by me duly sworn, did say that he is the President of Rockport, LLC, the company
named in the instrument, and that said instrument was signed on behalf of said company
by authority of the company and said Peter W. Fischer acknowledged said instrument to
be the free act and deed of the company.
Notary Public
14
DEVELOPMENT AGREEMENT
Signature page for the City
CITY:
City of Apple Valley
By: Mary Hamann-Roland
Its: Mayor
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _____ day of , 2018, before me a Notary Public within
and for said County, personally appeared Mary Hamann-Roland and Pamela J.
Gackstetter to me personally known, who being each by me duly sworn, each did say that
they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality
named in the foregoing instrument, and that the seal affixed on behalf of said
municipality by authority of its City Council and said Mayor and Clerk acknowledged
said instrument to be the free act and deed of said municipality.
Notary Public
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EXHIBIT B
EXHIBIT C
ACCESS RESTRICTION EASEMENT
THIS EASEMENT is made this _____ day of ______________, 2018, by Rockport,
LLC., a Minnesota limited liability company (the “Landowner”) in favor of the City of Apple
Valley, a Minnesota municipal corporation (the “City”).
Landowner is the title fee holder of property legally described as Quarry Ponds Fifth
Addition, Dakota County, Minnesota.
The Landowner, in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does
hereby grant and convey unto the City, its successors and assigns, a permanent easement for
access restriction purposes over, under and across real property in Dakota County, Minnesota,
legally described as follows:
A permanent easement for access restriction purposes over, under and across the
East 1.00 feet of Lots 1 through 5, Block 1, Quarry Ponds Fifth Addition
(the “Easement Area”). See also, Exhibit A, attached hereto and incorporated herein.
This easement is granted for and limited to the express purpose of restricting vehicular
access to Johnny Cake Ridge Road and upon the Easement Area, it being understood:
1. The City shall have no obligation to maintain the Easement Area, and the
Landowner, its successors and assigns, may sod, seed, plant and maintain the Easement Area,
provided that no driveway or other form of access may be constructed thereon.
2. The purpose of this easement is strictly limited to access restriction and the City
shall have no right to utilize the Easement Area for any other purpose by reason of this easement.
The Landowner does covenant with the City that it is the fee owner of the Easement Area
and has good right to grant and convey the easement herein to the City. This easement shall run
with the land and shall be binding on the Landowner and its successors and assigns.
IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as
of the day and year first written above.
Rockport, LLC
a Minnesota limited liability company
By:
Peter W. Fischer
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _____ day of , 2018, before me a Notary Public within and for
said County, personally appeared Peter W. Fischer, to me personally known, who being by me
duly sworn, did say that he is the President of Rockport, LLC, the company named in the
instrument, and that the instrument was signed on behalf of the company by authority of the
company and Peter W. Fischer acknowledged the instrument to be the free act and deed of the
company.
Notary Public
This instrument was drafted by:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
PV: 0066-39597
<@?8<?!!.$%&’(*,$%$#&’()++$&$$’%$(&$)’$$$%$%$&$$,)*($#<@?8<?!-6<4;;C!/-71!=5031!=<-02-5=25180!!!0=5A12-5=/4580!!B-C$!2<<?!=1>?=5/?10!-//1>>>/-81!!5;!!211?(##(#$##
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
PLANNED DEVELOPMENT AGREEMENT APPROVAL
QUARRY PONDS FIFTH ADDITION
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 Chapters 153 and 155 of the City Code, the City Planning Commission
held a public hearing on an application for rezoning and subdivision of land by plat on February 7,
2018; and
WHEREAS, the City Planning Commission recommended its approval of the rezoning and
subdivision of land by plat on February 21, 2018; and
WHEREAS, the City Council approved the rezoning and subdivision of land by plat on March
22, 2018; and
WHEREAS, the City Council approved the Quarry Ponds Fifth Addition final plat and
development agreement on June 14, 2018; and
WHEREAS, pursuant to Chapter 155 of the City Code and the Planned Development Agreement
between the applicant and the City for the Quarry Ponds Fifth Addition development has been
prepared.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the Planned Development Agreement for the following described plat
of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit:
Quarry Ponds Fifth Addition
ADOPTED this 14th day of June, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a
resolution adopted by the City Council and the final plat described therein is hereby released for
recording with the Dakota County Recorder this _____ day of __________________, ______.
____________________________________
Pamela J. Gackstetter, City Clerk
PLANNED DEVELOPMENT AGREEMENT
QUARRY PONDS FIFTH ADDITION
THIS PLANNED DEVELOPMENT AGREEMENT (“Agreement”) is made by and
between the City of Apple Valley, a Minnesota municipal corporation, (hereinafter the “City”)
and Rockport, LLC, a Minnesota limited liability company, (hereinafter the “Owner”).
WHEREAS, the Owner is the fee title holder of real property in Dakota County,
Minnesota, legally described as the plat of Quarry Ponds Fifth Addition (the “Property”),
which is governed by this Agreement; and
WHEREAS, the Owner and the City desire to provide for development of the Property in
accordance with Planned Development Designation No. 975, Zone 1; and
WHEREAS, the parties hereby acknowledge that this Agreement and the plans and
specifications submitted by Owner and approved by the City constitute the Planned Development
Agreement for the Property;
NOW, THEREFORE, it is hereby agreed by and between the parties as follows:
1. This Agreement applies to the development and use of the Property.
2. The Owner agrees that its development and use of the Property shall, in all
material respects, comply with Apple Valley City Code Chapter 155, Appendix F-Article 34,
governing Planned Development Designation No. 975, Zone 1 (see Exhibit “A”, attached
hereto), and the following Exhibit attached hereto and incorporated herein:
Exhibit “B” - Conditions of Preliminary Plat Approval (save and except for conditions
23 and 24, which have been determined to be unnecessary due in part to the extent of the
drainage and utility easements abutting Johnny Cake Ridge Road.)
The Owner further agrees that its development and use of the Property shall comply with all
plans and specifications submitted by the Owner and approved by the City, which are
incorporated herein by reference. All of the plans and specifications are available for insp ection
in full-size format at the Apple Valley Municipal Center.
3. Owner and City agree that any and all Conditional Use Permit(s) that have been
approved for use(s) on the Property, including but not limited to gravel mining, are hereby
terminated.
4. Minor deviations from the above plans may be accepted by the City provided that
the Community Development Director makes a written determination that the revised plans are
in general conformance with the above-listed plans.
5. This Agreement may be amended from time to time as the parties may agree. Any
such amendment must be in writing and signed by both parties. Furthermore, the development
plans may be amended upon application by the Owner and approval of the City, pursuant to
Apple Valley City Code. Amendments to the development plans, once approved, shall become
Exhibits hereto and shall be fully binding upon the parties as if fully set forth herein.
6. This Agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns.
7. This Agreement shall run with the Property and shall be recorded in the Office of
the Dakota County Recorder or Registrar of Titles.
8. This Agreement shall be governed by and construed under the laws of the State of
Minnesota.
9. Should any provision of this Agreement be held to be void, invalid, unenforceable
or illegal by a court, the validity and the enforceability of the other provisions shall not be
affected thereby. Failure of either party to enforce any such provision shall not act as a waiver by
the non-defaulting party.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
the _____ day of _____________, 2018.
PLANNED DEVELOPMENT AGREEMENT
Signature Page for the Owner
Rockport, LLC,
a Minnesota limited liability company
By:
Peter W. Fischer
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _____ day of , 2018, before me a Notary Public within and for
said County, personally appeared Peter W. Fischer, to me personally known, who being by me
duly sworn, did say that he is the President of Rockport, LLC, the company named in the
instrument, and that said instrument was signed on behalf of said company by authority of the
company and said Peter W. Fischer acknowledged said instrument to be the free act and deed of
the company.
Notary Public
PLANNED DEVELOPMENT AGREEMENT
Signature Page for the City
City of Apple Valley
________________________________
By: Mary Hamann-Roland
Its: Mayor
________________________________
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
On this day of _____________, 2018, before me a Notary Public within and for said
County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that
the seal affixed on behalf of said municipality by authority of its City Council and said Mayor
and Clerk acknowledged said instrument to be the free act and deed of said municipality.
_____________________________
Notary Public
This instrument was drafted by:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
MGD (66-35360)
CITY OF APPLE VALLEY
ORDINANCE NO. 1042
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING
CHAPTER 155-APPENDIX F OF THE CITY CODE ENTITLED "APPENDIX
F: PLANNED DEVELOPMENT DESIGNATIONS" BY AMENDING
ARTICLE A34 REGULATING PLANNED DEVELOPMENT DESIGNATION
NO. 975
The City Council of Apple Valley ordains:
Section l. Section A34-5 (A) (1) of the Apple Valley City Code is hereby amended to
add the following note to the Table of Minimum Area Standards and Requirements table:
NOTES TO TABLE
2—A minimum front yard setback of 25 feet
shall be allowed for lots that contain a
minimum of 52 feet of an existing
underground pipeline easement.
Section 2. Effective Date. This ordinance amendment shall take effect upon its passage and
publication.
PASSED by the City Council this 22nd day of March, 2018.
Mar H oland, Mayor
ATTEST:
IiLG___/6/,LtrS' 1
Stephame Marschall, Deputy City Clerk
EXHIBIT A
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
ss
COUNTY OF DAKOTA
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Pubiisher's Designated Agent of the newspa-
per(s)known as:
ST'W Apple Valley
with the known office of issue being located
in the county of:
DAKOTA
with additional circulation in the counties of:
DAKOTA
and has full knowledge of the facts stated
below:
A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 03/30/2018 and the last
insertion being on 03/30/2018.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: P--v.
Designated Agent
Subscribed and sworn to or af'irmed before
me on 03/30/2018 by Darlene MacPherson.
i
ot r ublic
Uwrww wwww
MARY ELlZABETH KNAPP
e NOTARY PUBLIC•MINNESOTA
My Commission Expires Jan.31 2023
Rate Informafion:
1)Lowest classified rate paid by commercial users
for comparable space:
27.40 per column inch
Ad ID 798172
CITY OF APPLE VALLEY
ORDINANCE NO.1042
AN ORDINANCE OF THE CITY OF APPLE
VALLEY,AMENDING CHAP7ER 155-APPENDIX
F OF THE CITY CODE ENTITLED"APPENDIX F:
PLANNED DEVELOPMENT DESIGNATIONS"BY
AMENDING AR7ICLE A34 REGULATING PLANNED
DEVELOPMENT DESIGNATION NO.975
The City Council of Apple Valley ordains:
Section 1. Section R34-5 (A) (1)of the Apple Valley Gity Code is
hereby amended to add the following note to the Table of Minimum Area
Standards and Requirements table:
NOTE9 TO TABLE
2—A minimum front yard setback of 25
feet shall be allowed for lots that contain
a minimum of 52 feet of an existing under-
ro nd i eline easement
Section 2. Effective Date.This ordinance amendment shall take ef-
fect upon its passage and publication.
PASSED by the Gity Council this 22nd day of March,2018.
s/Mary Hamann-Roland,
Mayor
ATfEST:
s/Stephanie Marschall,
Deputy City Clerk
Published in the
Apple Valley Sun Thisweek
March 30,2018
798172
EXHIBIT B
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:C onsent A genda
Description:
Project 2016-138, Signal Modifications at 140th Street and Galaxie Avenue
Staff C ontact:
Brandon A nderson, City Engineer
Department / D ivision:
P ublic Works Department
AC T ION RE Q UE S T E D:
1. Adopt resolution awarding agreement to McNamara Contracting, Inc., for Project 2016-138, Signal
Modifications at 140th Street and Galaxie Avenue in the amount of $668,832.50.
2. Adopt resolution accepting easements for Project 2016-138, Signal Modifications at 140th Street and
Galaxie Avenue.
S UM M ARY:
On April 24, 2018, four (4) bids were received for the Signal Modifications at 140th Street and Galaxie
Avenue project as described within the attached bid tabulation. McNamara C ontracting, Inc. submitted the
low bid in the amount of $668,832.50. Base Bids ranged from $668,832.50 to $772,060.00. T he low bid was
$34,165.50 over the Engineers estimate of $634,667.00. T he overall project costs exceed the original
estimates, but since available funds are being utilized from MN D O T Municipal State Aid, no budget
amendments are necessary.
Attached for consideration is a resolution awarding the contract to McNamara Contracting, Inc. for Project
2016-138, Signal Modifications at 140th Street and Galaxie Avenue in the amount of $668,832.50. Should
the City Council award the contract, it is anticipated work will begin in the month of J uly. Work on the project
will be substantially complete by October 27, 2018.
In order for the project to occur, it was necessary to obtain temporary easements and permanent trail
easements from four (4) impacted properties along the north side of 140th Street east of Galaxie Avenue. On
May 31, 2018, three (3) of the easements were donated.
Staff is working with the remaining resident in the Northeast corner of the intersection to obtain the additional
Trail Easement to accommodate the trail relocation as part of the project. T he bituminous trail along the north
side of 140th Street will not be constructed as part of this project until the final easement is obtained.
A standard C ity agreement will be utilized for this project.
B AC KG ROUND:
City C ouncil adopted Resolution Number 2016-46 on March 24, 2016, directing the preparation of plans and
specifications for Project 2016-138, Galaxie Avenue and 140th Street Traffic Signal Improvements.
Resolution No. 2017-116 was adopted by C ity Council on J uly 27, 2017, amending plans and specifications
for Project 2016-138, 2016 Galaxie Avenue and 140th Street Traffic Signal Improvements.
T he MnD O T Metro State Aid Office approved the plans on March 6, 2018.
City C ouncil adopted Resolution No. 2018-37 on March 22, 2018, approving plans and specifications and
directing receipt of bids for Project 2016-138, Signal Modifications at 140th Street and Galaxie Avenue.
T he City of Apple Valley 2017 Capital Improvement Program identifies modifications to the signal system
T he City of Apple Valley 2017 Capital Improvement Program identifies modifications to the signal system
including flashing yellow arrow modifications for each intersection approach, pedestrian ramps and additional
designated right turn lanes Eastbound and Westbound on 140th Street associated with the Galaxie Avenue and
140th Street intersection.
A map of the proposed project area is attached (Figure: 1).
B UD G E T I M PAC T:
Project costs and funding are summarized as follows:
Estimated Project Costs: Estimated
C osts
Awarded Costs
Construction Cost $634,667.00 $668,832.50
Construction Contingency 93,167.00 93,167.00
Engineering Design & Inspection 72,166.00 72,166.00
Total Estimated Cost $ 800,000.00 $834,165.50
Estimated Project Funding:
Municipal State Aid $ 800,000.00 $834,165.50
Total Estimated Funding $ 800,000.00 $834,165.50
AT TAC HM E NT S :
Map
Resolution
Bid / Quote Tabulation
Memo
Resolution
Easement
PROJECT LOCATION
140th St WGalaxie Ave WGalaxie Ave WDakota County GIS
Project: APPLE 143221
Figure
1140th / Galaxie IntersectionMap by: msteuernagel
Projection:Dakota County Coords
Source: Dakota County GIS, ESRI,
SEH
Print Date: 3/7/2018
Apple Valley, MN
This map is neither a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the Geographic
Information System (GIS) Data used to prepare this map are error free, and SEH does not represent that the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of this
map acknowledges that SEH shall not be liable for any damages which arise out of the user's access or use of data provided.Path: S:\AE\A\Apple\143221\5-final-dsgn\51-drawings\90-GIS\Maps\Location.mxdI
0200100
Feet
Construction Limits
Right Turn Lane Addition
Retaining Wall
Sidewalk
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2016-138
SIGNAL MODIFICATIONS AT 140TH STREET AND GALAXIE AVENUE
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2016-138, bids were received, opened and tabulated according to law and the following bids
were received complying with the advertisement: (Tabulation attached as Exhibit A), and;
WHEREAS, it appears McNamara Contracting, Inc. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with McNamara Contracting, Inc., for its base bid in the amount of $668,832.50
for the completion of Project 2016-138 according to the plans and specifications heretofore
approved by the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
ADOPTED this 14th day of June, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION ACCEPTING EASEMENTS FOR CITY PROJECT 2016-138, SIGNAL
MODIFICATIONS AT 140TH STREET AND GALAXIE AVENUE
WHEREAS, in order to construct the improvements it was necessary to acquire temporary
easements AND Trail Easements from residents; and
WHEREAS, the City Council believes it to be in the best interest of the City to accept the
permanent and temporary easements necessary for construction and perpetual existence of the
improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. The City of Apple Valley has accepted a permanent trail easement dated May 30, 2018,
from Aaron Nadler and Josie Nadler, consisting of an area of 861 sf, in consideration of
the sum of One Dollar ($1.00).
2. The City of Apple Valley has accepted temporary easements dated May 30, 2018, from
Aaron Nadler and Josie Nadler, consisting of an area of 1124 sf, in consideration of the
sum of One Dollar ($1.00).
3. The City of Apple Valley has accepted a permanent trail easement dated May 31, 2018,
from Thomas P. Beattie and Karen A. Beattie, consisting of an area of 119 sf, in
consideration of the sum of One Dollar ($1.00).
4. The City of Apple Valley has accepted temporary easements dated May 31, 2018, from
Thomas P. Beattie and Karen A. Beattie, consisting of an area of 564 sf, in consideration
of the sum of One Dollar ($1.00).
5. The City of Apple Valley has accepted a permanent trail easement dated May 31, 2018,
from Christopher Anthony Kopchynski, consisting of an area of 1529 sf, in consideration
of the sum of One Dollar ($1.00).
6. The City of Apple Valley has accepted temporary easements dated May 31, 2018, from
Christopher Anthony Kopchynski, consisting of an area of 1399 sf, in consideration of the
sum of One Dollar ($1.00).
7. No other goods or services were provided by the City of Apple Valley in consideration of
said easements.
ADOPTED this 14th day of June 2018.
2
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E:J une 14, 2018
S E C T I ON:C onsent Agenda
Description:
A dopt R esolution Awarding A greement f or Project 2018-110, L ebanon Cemetery Roadway and I nf rastructure
I mprovements
S taff C ontact:
B randon Anderson, City Engineer
Department / Division:
Public Works Department
AC T I O N RE Q UE S T E D:
Adopt resolution awarding the agreement to McNamara Contracting, Inc., for C ity Project 2018-110,
Lebanon Cemetery Roadway and Infrastructure, in the amount of $373,990.60.
S UM M ARY:
On May 31, 2018, seven (7) bids were received for the Lebanon C emetery Roadway and Infrastructure
project as described within the attached bid tabulation. McNamara Contracting, Inc. submitted the low
bid in the amount of $147,567.25. Base Bids ranged from $213,213.70 to $147,567.25. T he low bid was
$474.75 under the Engineers estimate of $148,042.00.
Two alternate bid items were included. Alternate Bid 1 for $40,616.80 and Alternate Bid 2 for
$185,806.55 for a total add to the base bid of $226,423.35. Both alternate bids are recommended as a
part of the project scope for a contract total amount of $373,990.60.
Bid alternate 1 scope of work includes the construction of a bituminous maintenance parking and storage
area for cemetery operations along the western entrance off Pilot Knob Road.
Bid alternate 2 scope of work includes extending an additional yard hydrant and watermain, the
reconstruction of the existing internal roads including adding curb and gutter to address drainage and mill
and overlay of existing parking areas.
Attached for consideration is a resolution awarding the contract to McNamara Contracting, Inc. for
Project 2018-110, Lebanon C emetery Roadway and Infrastructure project in the amount of $373,990.60.
Should C ity C ouncil award the contract, it is anticipated work will begin in the month of J uly. Work on
the project will be substantially complete by October 31, 2018.
A standard City agreement will be utilized for this project.
B AC K G RO UND :
T he C ity C ouncil adopted Resolution Number 2017-206 on December 14, 2017, directing the preparation
of plans and specifications for Project 2018-110, Lebanon C emetery Roadway and Infrastructure.
City C ouncil adopted Resolution No. 2018-60 on May 10, 2018, authorizing the receipt of bids for
Project 2018-110, Lebanon Cemetery Roadway and Infrastructure.
T he C ity of Apple Valley 2018 – 2019 operating budget identifies the construction and paving of the
interior road connection to the cemetery from Embry Path and improving the existing interior roadways by
widening radiuses, curb and gutter installation and creating a maintenance staging area per the Master
Plan.
A map of the proposed project area is attached (Figure: 1).
Due to favorable bids for the 2018-110 C emetery Roadway and Infrastructure project it is recommended
that the 2019 C apital outlay budget for 2019 Driveway Paving and Internal Roads be moved to 2018 and
utilized to complete the base bid and both alternate bid construction.
B UD GE T I M PAC T:
Project costs and funding included in the adopted 2018 and 2019 operating budget are summarized as
follows:
Project C osts: Estimated Awarded Costs
C onstruction Cost Base Bid $148,042.00 $147,567.25
Bid Alternate 1 & 2 232,275.50 226,423.35
C ontingency 30,000.00 66,009.40
Engineering & Construction Admin.35,000.00 35,000.00
Total Estimated C ost $445,317.50 $475,000.00
Project Funding:
C emetery Fund (2018)
C emetery Fund Budget Amendment
$375,000.00
100,000.00
Total Estimated Funding $475,000.00
AT TAC HM E NT S :
Map
Resolution
Exhibit
150th Street W (CSAH 42)Pilot Knob RdEmbry PathEagle Bay Way
151st Street
Upper 147th St W
Energy Way
152nd St WEmory CirElysium AveBid Alternate 2 Existing Cemetery
Roadway and Parking Improvements
Base Bid
Bid Alternate 1 Maintenance Area
Improvements
2018-110 Lebanon Cemetery Roadway and Infrastructure Improvements
City of Apple Valley
Figure 1
FEETSCALE
0 400200
HORZ.
N
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2018-110, LEBANON
CEMETERY ROADWAY AND INFRASTRUCTURE IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2018-110, bids were received, opened and tabulated according to law and the following bids
were received complying with the advertisement: (Tabulation attached as Exhibit A), and;
WHEREAS, it appears McNamara Contracting, Inc. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with McNamara Contracting, Inc., for its base bid, alternate bid 1, and alternate
bid 2 in the amount of $373,990.60 for the completion of Project 2018-110 according to
the plans and specifications heretofore approved by the Council and on file in the office of
the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
ADOPTED this 14th day of June, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution Rejecting Bids for Project 2018-109, L ebanon Cemetery Boundary F ence
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 rejecting bids for Project 2018-109, Lebanon Cemetery Boundary
Fence.
S UM M ARY:
T he C ity of A pple Valley 2018 operating budget for the Lebanon C emetery identifies the
extention of the existing decorative fence and brick pillars along Pilot Knob Road, County
Road 42 and Embry Path, as well as new black PVC coated chain link fence along the
southern property line adjacent to the recently completed single family homes in Embry Place
3rd Addition.
On May 31, 2018 only one (1) bid was received for the Lebanon Cemetery Boundary Fence
project as described within the attached bid tabulation. Peterson Companies, Inc. submitted
the only base bid in the amount of $277,943.50. T he bid was $96,202.50 above the Engineers
estimate of $181,741.00. As a result, staff recommends that the C ity C ouncil reject the bid
for this project.
B AC K G RO UND:
T he City C ouncil adopted Resolution Number 2017-205 on December 14, 2017, directing
the preparation of plans and specifications for Project 2018-109, Lebanon C emetery
Boundary Fence.
B UD G E T I M PAC T:
By delaying this project to 2019, the $200,000 budgeted for the fence in 2018 will be delayed
to 2019. Staff will come forward with a future budget amendment to postpone spending of the
2018 funds until 2019.
AT TAC HM E NT S :
Bid / Quote Tabulation
Resolution
Memo
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION REJECTING BIDS FOR PROJECT 2018-109
LEBANON CEMETERY BOUNDARY FENCE
WHEREAS, pursuant to City Council Resolution No. 2017-205, sealed bids were
received, opened and tabulated on May 31, 2018, for Lebanon Cemetery Boundary Fence; and
WHEREAS, said bids for Project 2018-109, Lebanon Cemetery Boundary Fence were
higher than estimated costs and not beneficial to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the bids received May 31, 2018, for Lebanon Cemetery
Boundary Fence, are hereby rejected.
ADOPTED this 14th day of June, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
Memorandum
SRF No. 01811456
To: Mr. Brandon Anderson, PE
City Engineer
City of Apple Valley
From: Sean Jergens, SRF Consulting Group
Date: June 6, 2018
Subject: Lebanon Cemetery Boundary Fence Project
Bid Analysis
Bids were received for the Lebanon Cemetery Boundary Fence Project on May 31, 2018. One nod
was received, submitted by Peterson Companies, Inc. in the amount of $277,943.50, substantially
higher than the estimate of $181,741.
Recommendations
Based on the information presented above, it is our recommendation that the City reject the bid
submitted Peterson Companies. We recommend that the project be re-bid at a later date, when the
bidding climate is more favorable for the City.
SJ/mpm
H:\Projects\11000\11454\_Correspondence\Memorandums\11454_Bid Recommendation Memo_180606.docx
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Dakota Communications Center Management Control A greement with Dakota County
S heriff's Office
S taff Contact:
Tom L awell, City A dministrator
Department / Division:
A dministration Department
AC T I O N RE Q UE S T E D:
Approve the Dakota C ommunications C enter Management C ontrol Agreement with the
Dakota C ounty Sheriff's Office.
S UM M ARY:
T he FBI now requires that governmental non-criminal justice agencies like the Dakota
Communications Center (D C C ) have oversight of their Criminal J ustice Information System
(C J IS) information by a law enforcement agency. Because the D C C is not a law
enforcement agency, it has been recommended by the D C C Board of Directors that the
Dakota C ounty Sheriff's Office be designated to fulfill this role to comply with the FBI
requirement. To do so, it is necessary to approve an official Management C ontrol
Agreement.
B AC K G RO UND:
T he Dakota Communications Center (D C C ) organization was established late 2005 through
a J oint Powers Agreement between Dakota County and eleven cities located within the
County. In 2004 the High Performance Partnerships (HiPP) project, conducted by the Dakota
County cities and county, identified the need for the development of a centralized public
safety answering point (PSA P) and dispatch center. A combination of factors – attention to
homeland security, upgrades in technology, the readiness of various governmental units to act,
the availability of grant money, and the financial benefits to participating governments served
to bring the idea to reality.
T he D C C organization is guided by a governance structure with three distinct committees
including the Board of Directors (elected officials), the Executive C ommittee (city/county
chief administrators), and the Operations Committee (law enforcement, fire, and EMS
personnel). T he governance structure of the D C C is currently under review and may change
in the years ahead to further improve operational efficiency. Regardless of the governance
structure adopted, the D C C needs to fully comply with F BI requirements to have a law
enforcement agency oversee C J IS information managed by the D C C.
T he City is represented on the D C C Board of Directors by C ouncilmember J ohn Bergman
(Primary Representative) and Councilmember C lint Hooppaw (Alternate Director). T he
attached agreement has been drafted by the Dakota County Attorney’s Office and has been
reviewed by the City Attorney's office.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Agreement
Page 1 of 5
DCC MCA
DAKOTA COMMUNICATIONS CENTER
MANAGEMENT CONTROL AGREEMENT
WHEREAS, the Dakota Communications Center (“DCC”) is a joint powers organization organized
under Minn. Stat. § 471.59 to cooperatively engage in the establishment, operation and maintenance of
a countywide public safety answering point and communications center for law enforcement, fire,
emergency services, and other public safety services in Dakota County for the mutual benefit of all;
and
WHEREAS, the DCC members consist of the following political subdivisions of the State of
Minnesota: cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights,
Lakeville, Mendota Heights, Rosemount, South St. Paul, and West St. Paul (“Cities”) and the County
of Dakota; and
WHEREAS, the Criminal Justice Information Services Security Policy (“CJIS Security Policy”)
requires that when criminal justice functions, regardless of location, are performed by a non-criminal
justice agency there must be a management control agreement with a criminal justice agency; and
WHEREAS, the DCC is a non-criminal justice agency as defined by CJIS Security Policy and it
wishes to enter into this Management Control Agreement (“MCA”) with the Dakota County Sheriff’s
Office, a criminal justice agency, as provided herein.
NOW, THEREFORE, based on the above provisions and pursuant to CJIS Security Policy
requirements it is agreed that with respect to administration of that portion of computer systems and
network infrastructure interfacing directly or indirectly with the State of Minnesota’s Bureau of
Criminal Apprehension Criminal Justice Data Communications Network for the interstate exchange of
criminal history/criminal justice information, the Dakota County Sheriff’s Office shall have the
authority, via managed control, to set, maintain, and enforce:
(1) Priorities.
(2) Standards for the selection, supervision, and termination of personnel access to Criminal Justice
Information.
(3) Policy governing operation of justice systems, computers, access devices, circuits, hubs,
routers, firewalls, and any other components, including encryption, that comprise and support a
telecommunications network and related criminal justice systems to include but not limited to
criminal history record/criminal justice systems information guaranteeing the priority, integrity,
and availability of service needed by the criminal justice community.
(4) Restriction of unauthorized personnel from access or use of equipment accessing the State
network.
(5) Compliance with all rules and regulations of the Dakota County Sheriff’s Office policies and
CJIS Security Policy in the operation of all information received.
Responsibility for management of security control of the criminal justice function shall remain with the
Dakota County Sheriff’s Office, as required by the CJIS Security Policy.
Page 2 of 5
DCC MCA
This MCA covers the overall supervision of Dakota County Sheriff’s Office systems, applications,
equipment, systems design, programming, and operational procedures associated with the
development, implementation, and maintenance of any Dakota County Sheriff’s Office system to
include NCIC (National Crime Information Center) Programs that may be subsequently designed
and/or implemented within the Dakota County Sheriff’s Office. This MCA is further supported by the
Memorandum of Understanding between the DCC and the Dakota County Sheriff’s Office to
implement this MCA, as may be amended from time to time by agreement of the DCC, the Dakota
County Sheriff’s Office, the County of Dakota and the Cities.
This MCA may be executed in one or more counterparts, each of which shall be deemed to be an
original, but all of which together shall be deemed to constitute one and the same agreement.
IN WITNESS WHEROF, the undersigned governmental units have caused this MCA to be executed
on the date so indicated.
DAKOTA COUNTY SHERIFF’S OFFICE
By:
Timothy Leslie
Dakota County Sheriff
Date of Signature:
Page 3 of 5
DCC MCA
DAKOTA COMMUNICATIONS CENTER
By:
Name:
Title:
Date of Signature:
Page 4 of 5
DCC MCA
CITY OF APPLE VALLEY
By:
Name:
Title:
Date of Signature:
Page 5 of 5
DCC MCA
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with Confluence, I nc., for K elley P ark Master Plan Development
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:
Motion approving an agreement with C onfluence, Inc., for the development of a Master Plan
for Kelley Park.
S UM M ARY:
Kelley Park is a significant and integral part of the C ity’s fabric and the Parks and Recreation
Department. Several years ago, the C ity acquired additional property on both the east and
west ends of the park for future expansion. With the recent development activity surrounding
the park, the proposed donation by the Apple Valley Rotary C lub of a decorative clock
feature, the need for added parking, and several other proposed upgrades, it is felt Kelley
Park design, as well as function, should be re-evaluated. T he Parks and Recreation Advisory
Committee has recommended pursuing an agreement with C onfluence, Inc., for the
development of a new Master Plan for Kelley Park.
B AC K G RO UND:
A draft Kelley Park Master Plan was developed in 2016, but it did not reach
consensus. Taking into account recent construction surrounding the park, changes in usage
dynamics, along with various proposed design ideas, it would be beneficial to have a
consultant help to develop a new Kelley Park Master Plan to guide future investments in this
premier city park.
Confluence, Inc., has extensively researched Apple Valley while compiling data in
preparation of the 2040 C omp Plan. T hey are well versed in the areas of open opportunities
within the city park system. T he Parks and Recreation Advisory C ommittee, by unanimous
vote at their May 3, 2018 meeting, recommended retaining C onfluence, Inc., to re-master plan
Kelley Park.
B UD G E T I M PAC T:
Not to exceed $8,500 from Park Dedication Funds
AT TAC HM E NT S :
Agreement
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with L D V, I nc., for A pple Valley Mobile Command Van
S taff Contact:
Charles Russell, A cting F ire Chief
Department / Division:
Fire Department
AC T I O N RE Q UE S T E D:
Approve entering into an agreement with LD V, Inc., for the purchase of the Apple Valley
Mobile Command Van, in the amount of $260,567.00.
S UM M ARY:
T he Fire D epartment is in the process of replacing a 1992 C hevy Step Van that it uses as a
command van and rehab truck. We would like to enter into an agreement with LD V, Inc.,
using the standard City of Apple Valley agreement to build a replacement.
We would utilize the HG A C (Houston-Galveston Area Council) contract to streamline the
process and obtain a competitive price.
It is the Fire D epartment's recommendation that C ity Council approve entering into this
agreement with LD V, Inc.
B AC K G RO UND:
T he C ity's Fire Department operates nine major pieces of firefighting and
rescue apparatus. T hrough the years it has been identified that each apparatus should be
replaced after twenty-one years of service. Our current command van is 26 years old and is
due for replacement.
Detailed specifications were developed by the department's truck committee. Several
members of this committee made a trip to LD V, Inc., in Burlington, WI, to assist in
determining the most appropriate features and materials to include. Due to the length of the
specifications, they have not been attached. Copies are available upon request from the
Acting Fire C hief.
T he standard City of Apple Valley agreement will be used to enter into an agreement with
LD V, Inc., to purchase the new command van off of the Houston-Galveston Area C ouncil
(HG A C ) contract. Using the HG A C contract means we do not need to go through the
bidding process as it already been done. We know we are getting a very competitive price.
Approval of this request will continue our efforts to provide and maintain an effective and
reliable fire apparatus fleet. Such a fleet not only benefits our firefighters, but ultimately the
community they serve.
B UD G E T I M PAC T:
Funding for fire apparatus purchases is provided through use of the City's internal Vehicle
and Equipment Replacement Fund (VERF). T here is no impact to the C ity's Fire
Department 2018 general fund operating budget.
AT TAC HM E NT S :
Exhibit
Exhibit
I T E M: 4.S.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with Metropolitan Council for 2018 Citizen Assisted L ake Monitoring
P rogram
S taff Contact:
J essica Schaum, Natural Resources Coordinator
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Approve the agreement with the Metropolitan C ouncil for the 2018 C itizen Assisted Lake
Monitoring Program.
S UM M ARY:
T he C itizen Assisted Lake Monitoring Program (C A MP) is an annual lake monitoring
program, implemented by C ity staff and volunteers, to collect water samples from local
lakes. T he 2018 C A MP agreement includes services for water sample collection and
laboratory analysis for Cobblestone Lake, Farquar Lake, Long Lake, and Scout Lake.
Lake Alimagnet will be included in the C ity of Burnsville C A MP (Apple Valley will pay 50
percent as a shared cost). Keller Lake and Lac Lavon will be included in the 2018 Black
Dog Watershed Management Organization C A MP. T he same lakes were monitored in 2017.
B AC K G RO UND:
Samples are analyzed at Met C ouncil labs for total phosphorus, nitrogen, and chlorophyll “a”;
standard parameters used to measure lake water quality. Additionally, water clarity is
measured during each sampling event with a secchi disc.
Lake water samples are collected bi-weekly during 14 sampling events from April through
October. Met C ouncil publishes an annual water quality report for all C A MP lakes.
Approximately 170 metro area lakes are monitored each year.
T he attached agreement has been reviewed by the C ity Attorney.
B UD G E T I M PAC T:
T he cost per lake in 2018 is $550, the same cost as in 2017. T he total cost for Apple Valley
lakes is $2,475, which includes $275 for Lake A limagnet. C A MP funds are included in the
2018 Storm Drainage Utility budget.
AT TAC HM E NT S :
Agreement
Contract No. 18R006
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
METROPOLITAN COUNCIL AND THE
CITY OF APPLE VALLEY
THIS AGREEMENT is made and entered into by and between the Metropolitan
Council (the "Council") and the City of Apple Valley (the "City"), each acting by and
through its duly authorized officers.
THE ABOVE-NAMED PARTIES hereby agree as follows:
I. GENERAL SCOPE OF AGREEMENT
The Council and the City agree to undertake a volunteer lake monitoring study in
order to provide an economical method of broadening the water quality database on lakes
in the Twin Cities Metropolitan Area.
II. SPECIFIC SCOPE OF SERVICES
2.01 Lake Monitoring Program. The City and the Council agree to jointly
undertake a volunteer lake monitoring program as specified below:
a. General Purposes of Program. The volunteer lake monitoring program
involves the use of citizen-scientist volunteers to monitor lakes in the
Twin Cities Metropolitan Area. The volunteers will collect surface water
samples which will be analyzed for total phosphorus (TP), total Kjeldahl
nitrogen (TKN), and chlorophyll-a (CLA). In addition, the volunteers will
measure surface water temperature, water transparency, and fill out a
monitoring form that describes the lake and weather conditions at the time
of the monitoring event. Lakes will be visited from April through October
of 2018 (the “Monitoring Period”) for the number of times and at the
approximate intervals specified in paragraph (b) below. Each lake will be
sampled at the location as indicated on the site location map provided by
the Council. The Council will arrange for chemical analysis of the
samples either through its own laboratory or an outside laboratory.
b. Specific Lakes Involved. The following lakes and specific lake site(s)
listed below will be involved in the Council’s Citizen-Assisted Lake
Monitoring Program (CAMP) in 2018.
2
Lake name DNR ID# Number of
monitoring
events
Approximate
monitoring
interval
Quantity of
new kits
Cobblestone 19-0456 8 to 14 Biweekly 0
Farquar 19-0023 8 to 14 Biweekly 0
Long 19-0022 8 to 14 Biweekly 0
Scout 19-0198 8 to 14 Biweekly 0
2.02 City Responsibilities. The City agrees that it will have sole responsibility
for:
a.Recruiting volunteers (who have access to a boat) to monitor the
lakes the City wishes to involve in the program as listed in section
2.01(b) above.
b.Providing the Council and/or volunteers with needed lake
information such as lake bathymetric maps and access locations.
c.Paying for the laboratory analysis cost of the samples collected by
volunteers which cost is included in the amounts specified in
Article III below.
d.Ensuring that the volunteers participate in the training program and
follow CAMP methods and procedures.
e.Ensuring that the volunteers fill out a monitoring form during each
monitoring event.
f.Picking up the samples and the lake monitoring forms from their
volunteers and delivering those items to the City’s central storage
location. The City will be responsible for providing the central
storage location. The central storage location can be a Council
facility, but the City will be required to deliver the samples and
monitoring forms to this facility. The samples are required always
to be frozen.
g.Storing its volunteers’ samples until picked up by Council staff.
The samples are required always to be frozen.
h.Maintaining, storing, and restocking its monitoring kits.
i.Delivering and picking up its monitoring kits to and from their
volunteers.
3
2.03 Council Responsibilities. The Council agrees that it will:
a.Organize the survey.
b.Provide training for the volunteers.
c.Pick up the samples and lake monitoring forms from the City’s
central storage location and deliver them to the laboratory at
approximately 2-month intervals starting in June.
d.Review the results of the monitoring data.
e.Prepare a final report containing the physical, chemical, and
biological data obtained during the Monitoring Period and a brief
analysis of the data.
f.Provide quality control by collecting lake samples from random
lakes involved in the volunteer program. The resulting parameter
values will then be compared to the volunteers’ results to
determine if any problems exist involving the volunteer's
monitoring activities and what should be done to correct the
problem.
g.Provide and deliver to the City the expendable monitoring items
(e.g. sample containers, labels, filters, aluminum sheets, zip-style
plastic bags, and lake monitoring forms). The expendable
monitoring items will be delivered in the weeks preceding the start
of the monitoring season. The cost of the expendable monitoring
items is included in the annual participation fee.
III.COMPENSATION; METHOD OF PAYMENT
3.01 Payment to Council. For all labor performed and reimbursable expenses
incurred by the Council under this agreement during the Monitoring Period, the City
agrees to pay the Council the following amounts per lake site listed in section 2.01(b).
The participation fee will be billed for the contracted amount regardless whether the
volunteer collects samples from or monitors a lake site fewer times than the contracted
quantity.
Number of Monitoring
events
Participation Fee (excludes monitoring equipment)
8 to 14 $550
1 to 7 $280
4
For lake sites requiring monitoring equipment, the cost for a kit of monitoring
equipment is $150 per kit.
3.02 Payment Schedule. Payment of the total amount owing to the Council by
the City shall be made by October 30, 2018. An invoice specifying the amount owed by
the City will be sent under separate cover.
3.03 Additional Analyses. The total amount specified in paragraph 3.01 does
not include the cost of any additional analyses requested by the City, such as analysis of
bottom samples. The Council will carry out any such additional analyses at the request of
the City and subject to the availability of Council resources for carrying out such
analyses. The Council will bill the City after the end of the Monitoring Period for any
such additional analyses at the Council’s actual cost, and the City will promptly
reimburse the Council for any such costs billed. The costs for additional analyses are
provided in Exhibit A.
3.04 Replacement of Durable Equipment. The total amount specified in
paragraph 3.01 does not include the cost of replacing durable monitoring equipment, such
as thermometers, Secchi disks, filter holders, hand pumps, graduated cylinders, sampling
jugs, forceps, and tote boxes. The Council will provide and deliver durable monitoring
equipment that needs replacement upon request from the City. The Council will bill the
City for any such replaced durable monitoring equipment at the Council’s actual cost, and
the City will promptly reimburse the Council for any such costs billed.
IV.GENERAL CONDITIONS
4.01 Period of Performance. The services of the Council will commence on
April 1, 2018, and will terminate on March 30, 2019, or following work completion and
payment, whichever occurs first.
4.02 Amendments. The terms of this agreement may be changed only by mutual
agreement of the parties. Such changes will be effective only on the execution of written
amendment(s) signed by duly authorized officers of the parties to this agreement.
4.03 City Personnel. Jessica Schaum, or such other person as may be designated
in writing by the City, will serve as the City’s representative and will assume primary
responsibility for coordinating all services with the Council.
Jessica Schaum
City of Apple Valley
6442 West 140th Street
Apple Valley, MN 55124
952-953-2461
4.04 Council's Contract Manager. The Council's Contract Manager for
purposes of administration of this agreement is Brian Johnson, or such other person as
5
may be designated in writing by the Council’s Regional Administrator. The Council’s
Contract Manager will be responsible for coordinating services under this agreement.
However, nothing in this agreement will be deemed to authorize the Contract Manager to
execute amendments to this agreement on behalf of the Council.
Brian Johnson
Metropolitan Council
2400 Childs Road
St. Paul, MN 55106
651-602-8743
4.05 Equal Employment Opportunity; Affirmative Action. The Council and
the City agree to comply with all applicable laws relating to nondiscrimination and
affirmative action. In particular, the Council and the City agree not to discriminate
against any employee, applicant for employment, or participant in this study because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, membership or activity in a local commission, disability, sexual orientation, or
age; and further agree to take action to assure that applicants and employees are treated
equally with respect to all aspects of employment, including rates of pay, selection for
training, and other forms of compensation.
4.06 Liability. Each party to this agreement shall be liable for the acts and
omissions of itself and its officers, employees, and agents, to the extent authorized by
law. Neither party shall be liable for the acts or omissions of the other party or the other
party’s officers, employees or agents. Nothing in this agreement shall be deemed to be a
waiver by either party of any applicable immunities or limits of liability including,
without limitation, Minnesota Statutes, sections 3.736 (State Tort Claims) and chapter
466 (Municipal Tort Claims).
4.07 Copyright. No reports or documents produced in whole or in part under
this agreement will be the subject of an application for copyright by or on behalf of the
Council or City.
4.08 Termination of Agreement. The Council and the City will both have the
right to terminate this agreement at any time and for any reason by submitting written
notice of the intention to do so to the other party at least thirty (30) days prior to the
specified effective date of such termination. In the event of such termination, the Council
shall retain a pro-rata portion of the amounts provided for in Article III, based on the
number of monitoring events occurring for each lake before termination versus the total
monitoring events specified for each lake. The balance of the amounts will be refunded
by the Council to the City.
4.09 Force Majeure. The Council and the City agree that the City shall not be
liable for any delay or inability to perform this agreement, directly or indirectly caused
by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot,
6
civil commotion, lack of material, delays of transportation, acts of God or other cause
beyond reasonable control of Council and the City.
4.10 Audits. Pursuant to Minn. Stat. Section 16C.05, Subd. 5 , the books,
records, documents, and accounting procedures and practices of Provider relative to this
agreement shall be subject to examination by the City and the State Auditor. Complete
and accurate records of the work performed pursuant to this agreement shall be kept by
provider for a minimum of six (6) years following termination of this agreement for such
auditing purposes. The retention period shall be automatically extended during the
course of any administrative or judicial action involving the City regarding matters to
which the records are relevant. The retention period shall be automatically extended until
the administrative or judicial action is finally completed or until the authorized agent of
the City notifies Provider in writing that the records need no longer be kept.
4.11 Relationship of Parties and their Employees. Nothing contained in this
agreement is intended, or should be construed, to create the relationship of co-partners or
a joint venture between the Council and the City. No tenure or any employment rights
including worker's compensation, unemployment insurance, medical care, sick leave,
vacation leave, severance pay, retirement, or other benefits available to the employees of
one of the parties, including indemnification for third party personal injury/property
damage claims, shall accrue to employees of the other party solely by the fact that an
employee performs services under this agreement.
4.12 Severability. If any part of this agreement is rendered void, invalid or
unenforceable such rendering shall not affect the remainder of this agreement unless it
shall substantially impair the value of the entire agreement with respect to either party.
The parties agree to substitute for the invalid provision a valid provision that most closely
approximates the intent of the invalid provision.
7
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by
their duly authorized representatives on the dates set forth below. This agreement is
effective upon final execution by, and delivery to, both parties.
CITY OF APPLE VALLEY
Date _________________ By_______________________________
Name ____________________________
Its_______________________________
METROPOLITAN COUNCIL
Date_________________ By _______________________________
Name ____________________________
Water Resources Assistant Manager
8
EXHIBIT A
Metropolitan Council Environmental Services Laboratory Prices
for Additional Analyses
Parameter Laboratory Code Price
(per sample)
Nutrients (TP & TKN) NUT-AHLV $15.25
Chlorophyll CLA-TR-CS $15.50
Phosphorus P-AHLV $15.25
Chloride CL-AV $15.75
Ortho-phosphorus ORTHO-AV $15.50
Hardness HARD-AV $7.25
Alkalinity ALK-AV $13.50
Sulfate SO4-ICV $13.50
Metals (Cd, Cr, Cu, Pb, Ni, Zn) MET-MSV $36.00
Individual metal/mineral (e.g. Fe) XX-MSV $6.00 (per element)
A parameter not on this list Contact the Council’s
Contract Manager for
specific pricing.
I T E M: 4.T.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with B udget Sandblasting and P ainting, I nc., for P roject 2018-129, 2018
Fence & L ight Pole Reconditioning S ervices
S taff Contact:
Michael Glewwe, P ublic Works S uperintendent - Streets
Department / Division:
S treets Division
AC T I O N RE Q UE S T E D:
Approve the agreement with Budget Sandblasting and Painting, Inc., for Project 2018-
129, 2018 Fence & Light Pole Reconditioning Services, in the amount of $67,278.75.
S UM M ARY:
On May 11, 2018, City staff solicited quotations from eight companies for reconditioning and
painting fence sections, fence support posts, and decorative light poles along the Ring Route.
One company submitted quotes for this project. Budget Sandblasting and Painting submitted
the only quote (see attached Exhibit A - Bid Tab). T his company has successfully
completed similar work for the City in the past.
A standard City agreement will be utilized for this project.
B AC K G RO UND:
Reconditioning and painting of the Ring Route fencing and light poles is on a 6-year
maintenance schedule to keep it in good condition. T he C ity annually requests quotes to
have a percentage of the fencing and light poles maintained.
B UD G E T I M PAC T:
Funding for this project is included in the 2018 operating budget for the Public Works Street
Maintenance and Street Light Utility.
AT TAC HM E NT S :
Bid / Quote Tabulation
Exhibit A
S:\public-works\private\Projects\2018 Public Infrastructure Projects\2018-129 2018 Fence & Light Pole Reconditioning Services\Bid Tab 2018-129.xls
BID TABULATION
PROJECT 2018-129
2018 FENCE & LIGHT POLE RECONDITIONING SERVICES
ITEM EST.UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
No.ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
1 3-RAIL FENCE PAINTING LF 1,025 32.98 $33,804.50 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00
2 FENCE POST CAPS Each 20 64.00 $1,280.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00
3 L-SHAPED MOUNTING BRACKETS Each 775 2.95 $2,286.25 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00
4 FENCE SUPPORT POST PAINTING (32")Each 86 120.00 $10,320.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00
5 DECORATIVE LIGHT POLE PAINTING Each 70 246.00 $17,220.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00
6 DECORATIVE LIGHT POLE PAINTING W/ D Each 8 296.00 $2,368.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00
TOTAL BID $67,278.75 No Quote Received
Budget Sandblasting &
Painting, Inc.TMI Coatings
No Quote Received
Aerial Painting, Inc.Premier Fleet
Services
Shoenfelder
Painting
No Quote Received No Quote Received No Quote Received
Fresh Blast, Inc.
I T E M: 4.U.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with Dakota Unlimited, I nc., for P roject 2018-148, 2018 Quarry P oint F ence
E xtension
S taff Contact:
Carol Blommel J ohnson, Public Works Superintendent - Utilities
Department / Division:
Utilities Division
AC T I O N RE Q UE S T E D:
Approve the agreement with D akota Unlimited, Inc., for Project 2018-148, 2018 Quarry
Point Fence Extension, in the amount of $12,168.00.
S UM M ARY:
On May 24, 2018, quotes were received for completing the fence extension along 160th
Street West between the Quarry Point Athletic Complex and the Quarry Point Water Tower.
Dakota Unlimited Inc. submitted the low quote. (See attached Exhibit A)
A standard City agreement will be utilized for this project.
B AC K G RO UND:
T he fence along the southern boundary of the athletic complex and water tower site has been
unfinished for years. T he completion of the fence will be an amenity to the site and enhance
security.
B UD G E T I M PAC T:
T he fence extension is included in the 2018 Water Utility Operations budget. C ode:
5320.6735.
AT TAC HM E NT S :
Exhibit
Exhibit A
BID TABULATION
PROJECT 2018-148
2018 QUARRY POINT FENCE EXTENSION
Dakota Unlimited
Inc.
Midwest Fence &
Mfg.
Century Fence
Company
ITEM
No.ITEM UNIT PRICE PRICE PRICE
1 Fence Extension LS $12,168.00 $11,980.00 $12,855.00
2 Permit Included in Proposal Y/N yes no no
3 Permit Cost Estimate LS 470.00 470.00
TOTAL BID $12,168.00 $12,450.00 $13,325.00
S:\public-works\private\Projects\2018 Public Infrastructure Projects\2018-148 2018 Quarry Point Fence Extension\Contract Documents\Bid Tab 2018-
148.xls
I T E M: 4.V.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 1 to A greement with J irik S od F arms for Project 2018-127, 2018
S od Replacement S ervices, and A pprove Acceptance and Final P ayment
S taff Contact:
Michael Glewwe, P ublic Works S uperintendent - Streets
Division
Department / Division:
S treets Division
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 1 to agreement with J irik Sod Farms for an addition of
$12,474.00; and accept Project 2018-127, 2018 Sod Replacement Services as complete and
authorize final payment in the amount of $25,014.00.
S UM M ARY:
J irik Sod Farms, Inc., has requested final payment for sod replacement services to repair sod
damaged during winter snowplow operations and utility repairs. T his is the first and final
payment request. T he contractor has completed all work per the agreement. T he
improvements have been inspected and found to be acceptable for final payment.
Change O rder No. 1 is for additional sod repairs from snow plowing operations during the
major snow storm in mid-April, and additional Utilities water break and curb stop restoration
areas.
B AC K G RO UND:
On April 12, 2018, City C ouncil approved an agreement with J irik Sod Farms in the amount
of $12,540.00 for services and materials to replace sod damaged during winter snowplow
operations and utility repairs.
B UD G E T I M PAC T:
Funds for this project are included in the 2018 operating budgets for the Public Works Street
and Utility Divisions.
AT TAC HM E NT S :
Change Order Document(s)
F inal Pay Documents
I T E M: 4.W.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 2 to A greement with Avolve S oftware Corporation for B uilding
I nspections P lan Review Software, and A pprove Acceptance and Final P ayment
S taff Contact:
Matt Saam, Public Works Director
Department / Division:
P ublic Works Department
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 2 to agreement with Avolve Software C orporation for an
addition of $1,344.30; and accept the Building Inspections Plan Review Software as
complete and authorize final payment in the amount of $21,943.24, for a contract total of
$116,785.52.
S UM M ARY:
Attached please find the fifth and final payment for the Building Inspections Plan Review
Software Project. All software improvements associated with the project are complete and in
acceptable condition to become infrastructure of the C ity. T his final payment of $21,943.24
will close the agreement with Avolve Software Corporation and result in a total project cost
of $116,785.52.
Change Order No. 2 in the amount of $1,344.30, was due to additional training expenses
incurred when the Avolve trainer was on-site.
B AC K G RO UND:
On March 23, 2017, the C ity Council approved an agreement with Avolve Software
Corporation in the amount of $106,216.22 plus $4500.00 in training costs for digital plan
review software.
On December 28, 2017, the C ity C ouncil approved C hange Order No. 1 in the amount of
$4,725.00
B UD G E T I M PAC T:
Adding C hange Order No. 2 in the amount of $1,344.30 will increase the agreement total to
$116,785.52. T here are sufficient funds in the Building Inspections budget ($120,000.00) to
pay for this project. Final cost breakdown and funding for the project is summarized below:
Project C ost Description C ost
Original C ontract plus Training $110,716.22
C hange Order #1 4,725.00
C hange Order #2 1,344.30
Total C ontract Amount $116,785.52
AT TAC HM E NT S :
Change Order Document(s)
F inal Pay Documents
I T E M: 4.X.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Consent A genda
Description:
A pprove Acceptance and Final P ayment on Agreement with Fendler Patterson Construction, I nc.,
for P olice L obby Front Desk Remodel
S taff Contact:
J ohn Bermel, Police Captain
Department / Division:
P olice Department
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on the agreement with Fendler Patterson
Construction, Inc., for Police Lobby Front Desk Remodel, in the amount of $26,748.00.
S UM M ARY:
T he Police Department has reviewed its security protocols and infrastructure to make
improvements. T his project improves the overall security of the police facility.
B AC K G RO UND:
T his project involved construction of a service counter in the police department main lobby
that incorporates a ballistic resistant window and facade. T he project also secures the
reception window glass, preventing access by non-police personnel. Fendler Patterson has
completed the project to our satisfaction.
Staff recommends approval of payment to Fendler Patterson C onstruction, Inc. for the police
lobby front desk remodel in the amount of $26,748.00.
B UD G E T I M PAC T:
Funds to support the project will come from the Police Special Project Fund.
AT TAC HM E NT S :
F inal Pay Documents
I nvoice
4839 West 124th Street
Savage MN 55378
(952) 890-4364
Contract Invoice
17-183
Project: Billed To:
Thank you for your prompt payment!
Non-Taxable Amount:
Taxable Amount:
Sales Tax:
Amount Due
Due Date: Terms:
17-183 AV Police Dept Lobby
Apple Valley MN 55124
City of Apple Valley
5470 157th St W est
Apple Valley MN 55124
Order# 05/18/2018
26,748.00
0.00
0.00
26,748.00
30DY
04/18/2018
Invoice#:
Date:
Description Amount
Billing per contract dated 11/21/17 26,748.00
I T E M: 4.Y.
C O UNC I L ME E T I NG D AT E :J une 14, 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
June 14, 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)
Lucas Askew Hire Maintenance I
Casual,
Seasonal 5305 $ 12.16 Hourly SM1 5/30/2018
Ian Bender Rehire Lifeguard II
Casual,
Seasonal 1940 $ 11.95 Hourly C-03 6/1/2018
Raina Bernstein Rehire Recreation Program Assistant
Casual,
Seasonal 1800 $ 10.25 Hourly C-01 6/5/2018
Tanyi Besong Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.16 Hourly SM1 5/29/2018
Nina Boguslawski Rehire Facility Attendant
Casual,
Seasonal 1940 $ 10.25 Hourly C-01 6/1/2018
Annika Challgren Rehire Lifeguard I
Casual,
Seasonal 1940 $ 10.75 Hourly C-02 6/1/2018
Grace Faeh Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Kaitlyn Finkel Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.48 Hourly SM1 5/21/2018
Nick Guden Rehire Lifeguard II
Casual,
Seasonal 1940 $ 11.95 Hourly C-03 6/1/2018
Steven Hagen Hire Sales Clerk
Casual,
Variable Hour 5020 $ 11.00 Hourly L-1 6/6/2018
Julia Harding Hire Water Safety Instructor
Casual,
Seasonal 1930 $ 11.60 Hourly C-04 6/1/2018
Madison Holtze Rehire Lead Puppet Performer
Casual,
Seasonal 1800 $ 12.20 Hourly C-04 6/1/2018
Kaneeshia Johnson Hire Sales Clerk
Casual,
Variable Hour 5020 $ 11.00 Hourly L-1 6/1/2018
Karissa Lageson Rehire Facility Attendant
Casual,
Seasonal 1930 $ 10.50 Hourly C-01 6/1/2018
Andrew Larson Rehire Maintenance I
Casual,
Seasonal 1710 $ 13.24 Hourly SM1 6/4/2018
Abigail Loe Rehire Water Safety Instructor
Casual,
Seasonal 1930 $ 12.50 Hourly C094 6/1/2018
Kelsey Lorenz Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Elizabeth Martchev Rehire Recreation Flex/Float
Casual,
Seasonal 1930 $ 14.00 Hourly C-10 6/1/2018
Annie Mason Hire Recreation Program Assistant
Casual,
Seasonal 1800 $ 10.00 Hourly C-01 6/1/2018
Dick McCarthy Hire
Golf Outside Service
Attendant
Casual,
Seasonal 5105 $ 10.00 Hourly C-01 5/25/2018
John Mead Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.75 Hourly C-02 6/1/2018
Emiline Montgomery Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Colleen Muraca Rehire Head Guard
Casual,
Seasonal 1940 $ 12.50 Hourly C-04 6/1/2018
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 2
PERSONNEL REPORT
June 14, 2018
City of Apple Valley
Human Resources
First
Name
Last
Name Action Position Status Dept.
Base Pay
Rate
Pay
Type
Pay
Scale
Date
(on or about)
Sally Nelson Rehire Lifeguard II
Casual,
Seasonal 1940 $ 11.95 Hourly C-02 6/1/2018
Samuel Pekarek Rehire Lifeguard II
Casual,
Seasonal 1940 $ 11.95 Hourly C-03 6/1/2018
Nick Perkins Rehire Lifeguard II
Casual,
Seasonal 1940 $ 11.95 Hourly C-03 6/1/2018
Elijah Peterson Hire Maintenance I
Casual,
Seasonal 5365 $ 12.16 Hourly SM1 5/21/2018
Austin Roemer Hire
Professional Intern -
Engineering
Casual,
Seasonal 1510 $ 13.05 Hourly C-06 6/4/2018
Anna Ryden Hire Sales Clerk
Casual,
Variable Hour 5020 $ 11.00 Hourly C-01 6/4/2018
Yesenia Sanchez-Pliego Hire Facility Attendant
Casual,
Seasonal 1940 $ 10.00 Hourly C-01 6/1/2018
Kyle Schansberg Hire Intern - Tree Inspector
Casual,
Seasonal 1500 $ 14.55 Hourly C-06 6/6/2018
Sydney Schliesing Rehire Lifeguard II
Casual,
Seasonal 1940 $ 11.35 Hourly C-03 6/1/2018
Devin Steenberg Hire Lifeguard I
Casual,
Seasonal 1930 $ 10.50 Hourly C-02 6/1/2018
Samantha Stevens Rehire Water Safety Instructor
Casual,
Seasonal 1930 $ 12.50 Hourly C-04 6/1/2018
Seth Taintor Rehire Facility Attendant
Casual,
Seasonal 1940 $ 10.25 Hourly C-01 6/1/2018
Emma Ulrich Rehire Facility Attendant
Casual,
Seasonal 1940 $ 10.75 Hourly C-01 6/1/2018
Grace Voorhees Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Justin Voorhees Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Meghan Walsh Rehire Recreation Program Leader
Casual,
Seasonal 1800 $ 10.75 Hourly C-02 6/1/2018
Arron Willis Hire Facility Supervisor
Casual,
Variable Hour 1800 $ 16.50 Hourly C-08 5/29/2018
Caleb Wochnick Rehire Lifeguard II
Casual,
Seasonal 1940 $ 12.50 Hourly C-04 6/1/2018
Elizabeth Yung Hire Facility Attendant
Casual,
Seasonal 1940 $ 10.00 Hourly C-01 6/1/2018
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 2 of 2
I T E M: 4.Z.
C O UNC I L ME E T I NG D AT E :J une 14, 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 May 22, 2018, May 23, 2018, and J une 1, 2018 in the amounts of
$848,789.98, $2,252,277.93, and $223,137.24 respectively.
AT TAC HM E NT S :
Claims and Bills
Claims and Bills
Claims and Bills
I T E M: 5.A.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Regular A genda
Description:
A dopt Resolution A ccepting Donation from Rotary Club of Apple Valley for Use by Parks and
Recreation Department
S taff Contact:
B arry B ernstein, Parks and Recreation Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Adopt resolution accepting a donation of a decorative clock tower from the Rotary C lub of
Apple Valley for use by the Parks and Recreation Department.
S UM M ARY:
T he Rotary Club of Apple Valley has generously offered to donate a decorative clock
feature for placement in Kelley Park. Attached, please find a proposed resolution accepting
the donation of a clock tower from the Rotary C lub of A pple Valley and thanking them
for their generosity.
B AC K G RO UND:
Kelley Park has become a premier city park and the Rotary C lub has made previous
donations towards its various features. T he addition of a decorative clock feature will add to
the overall park experience and will further enhance the appeal of Kelley Park.
T he exact location of the clock within the park will be decided as part of the Kelley Park
Master Planning process and the actual installation of the clock will likely occur in late 2018/
early 2019.
Members of the Rotary C lub will be in attendance at the J une 14th C ity C ouncil meeting.
Club member J ohn Dusek and former Mayor Mike Garrison will likely be present and will
be able to answer any questions which arise about the donation.
It is hoped this latest donation will become a prominent focal element within the park for
generations to come.
B UD G E T I M PAC T:
In accepting the decorative clock for placement within Kelley Park, the C ity will need to
construct an appropriate base for the clock, install and maintain appropriate landscaping and
also extend and fund costs associated with electrical service.
AT TAC HM E NT S :
Resolution
Presentation
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
A RESOLUTION ACCEPTING DONATION
WHEREAS, the City Council of Apple Valley encourages public donations to help defray
costs to the general public of providing services and improve the quality of life in Apple Valley;
and
WHEREAS, Apple Valley Rotary has offered to donate a clock tower to the Parks and
Recreation Department for installation in Kelley Park; and
WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution approved by two-thirds of the
members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City.
BE IT FURTHER RESOLVED that the City sincerely thanks Apple Valley Rotary for
their gracious donation.
ADOPTED this 14th day of June, 2018.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
Apple Valley Rotary Clock Project
Edina’s Rotary Clock
Edina’s Rotary Clock
Edina’s Rotary Clock
Mankato’s Rotary Clock
Our Rotary Clock
Heirloom Clock donated to the city of
Apple Valley by;
Apple Valley Rotary Club
Kelly Park
Verdin Clock Company
•Since 1842, six generations of the Verdin family have been dedicated to creating fine cast bronze bells,
carillons, electronic digital bells, tower clocks, street clocks, and streetscape furnishings that enrich
communities and become cherished legacies for generations to enjoy.
•Over the decades we've gained expertise in partnering with our clients from project conception through
design, manufacturing, installation, and service. Today, the Verdin family remains committed to producing
the highest quality cast bronze bells, clocks, and towers using innovative technology and manufacturing
techniques.
•
Verdin Innovations and Acquisitions
•Innovation is the hallmark of Verdin. Since the first installation of a tower clock in Cincinnati, Ohio in 1842,
Verdin has pioneered several breakthroughs in the bell and clock industry. Over the years, Verdin has also
acquired several bell foundries and related businesses.
•1842 –Built clock and bell equipment for Old St. Mary's, Cincinnati, Ohio
•1870 –First municipal tower clock installation
•1910 –Invents electric winder for clocks
•1927 –Creates America's first electric bell ringer
•1946 –Introduces electronic bell carillons
•1955 –Acquires Vanduzen Bell Foundry
•1975 –Acquires Deagan Tubular Chime Company
Verdin Clock Company
•1981 –Purchases and renovates historic St. Paul's Church, which becomes the Verdin bell museum
•1997 –Purchases VanBergen Bell Foundry
•1999 –Designs and manufactures world's largest swinging bell —the 66,600-pound World Peace Bell—to commemorate
the millennium
•2000 –Creates Bell Foundry on Wheels —world's first traveling bell foundry to cast bells on site in each Ohio county in
celebration of the Ohio Bicentennial
•2002 –Purchases Stormer Bell Foundry
•2006 –Purchases Belltron U.S.A.
•2010 –Purchases Canterbury International
•2011 –Expands to new manufacturing/foundry facility
•2012 –Celebrates its 170th year in business
•2012 –First ever live global web streaming of a bell casting
•
50,000 Installations
•Verdin's unparalleled craftsmanship is displayed in more than 50,000 installations worldwide, including the Smithsonian
Institute, Walt Disney World, the University of Notre Dame, the Basilica of the National Shrine of the Immaculate
Conception, the World Peace Bell, and the Mayo Clinic.
•For 170 years, Verdin has created, preserved, and restored distinct bell sounds for more than 20,000 churches across the
country. Verdin bell towers and clocks enrich hundreds of the finest communities and college campuses across the country.
Investment in the Clock $30,000
Includes delivery and installation on to bolts on concrete plus 3 years of warranty
Bronze Plaque with the Rotary “4 Way Test”$4,500
Price for seats/flower box, concrete and electrical, City of Apple Valley to cover
The city will own the clock for all future expenses, should just be small electricity expense
Funds coming from AV Foundation, not part of car raffle, Donors have been directing donations to this for a number of
years
Foundation Board, who are;
Scott Ramsdale Chair, Robert Braun Secretary, Terry Merritt, Eva Cheney-Hatcher, Sharon LaComb and John Dusek
Questions?
Not Final design, use as a reference only
I T E M: 5.B.
C O UNC I L ME E T I NG D AT E :J une 14, 2018
S E C T I O N:Regular A genda
Description:
Charter Cable P artners, L L C, (F /K/A Charter Communications) F ranchise
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:
1. Pass the ordinance granting franchise to C harter C able Partners, LLC , (F/K/A C harter
Communications) to construct, operate, and maintain a cable system in the C ity of
Apple Valley. (Recommend waiving second reading)
2. Adopt the resolution approving summary publication of cable ordinance.
S UM M ARY:
T he current franchise agreement with C harter C ommunications dates to 1999. In 2011, the
City received a request to renew the franchise. T he City jointly negotiated the renewal with
the C ities of Farmington and Rosemount. A fter a very long negotiation process, the
Commission has recommended approval of the attached agreement.
A draft franchise was prepared and presented to the Apple Valley, Farmington, Rosemount
Cable C ommission at its meetings on May 7, 2018. T he C ommission voted unanimously to
recommend adoption of the franchise ordinance by the member cities. T he A pple Valley
Telecommunications Advisory C ommittee had been presented with a very similar draft of the
agreement at its meeting of December 4, 2017 and voted 4 - 0 to recommend adoption of the
franchise ordinance subject to minor legal modifications by the city attorneys.
B AC K G RO UND:
T he cable franchising process is largely defined in C hapter 238 of Minnesota Statutes.
T here is also relevant material found in case law, federal law, and Federal C ommunications
Commission (F C C ) rulings. T he three C able C ommission cities utilized the services of an
attorney specializing in cable franchising to negotiate the terms of the franchise ordinance.
While the City action at this meeting is not a public hearing, staff anticipates the
representatives of C harter C ommunications and possibly Frontier Communications will
likely be present and wish to provide a few comments.
T here is one resolution recommended for C ouncil adoption. Upon passage of the franchise
ordinance, the resolution approves a summary of the ordinance for publication in the
newspaper.
Attached for your review are also the proposed ordinance and a memo from the cable
attorney highlighting the main points of the proposed franchise.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Ordinance
Memo
Resolution
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 119 OF THE APPLE VALLEY CITY
CODE BY GRANTING A FRANCHISE RENEWAL TO CHARTER CABLE
PARTNERS, LLC (F/K/A CHARTER COMMUNICATIONS) TO CONSTRUCT,
OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF APPLE
VALLEY, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM;
AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS
The City Council of Apple Valley ordains:
Section 1. Chapter 119 of the Apple Valley City Code shall be amended by deleting
Sections 119.20 through 119.33 in their entirety.
Section 2. Chapter 119 of the Apple Valley City Code shall be amended by adding
Section 119.20 as follows:
CABLE SYSTEM FRANCHISE-CHARTER CABLE PARTNERS, LLC
§ 119.20 CABLE SYSTEM FRANCHISE
(A) Statement of intent and purposes. The City intends, by the adoption of this
Franchise, to bring about the renewal of a Cable Franchise, and the continued operation of a
Cable System by Charter Cable, LLC (hereinafter “Grantee”). Such a renewal can contribute
significantly to the cable communications needs and desires of the residents and citizens of the
City and the public generally.
(B) Findings. In the review of Grantee’s request for renewal of the Franchise and
negotiations related thereto, and as a result of a public hearing, the City Council makes the
following findings:
(1) Grantee’s technical ability, financial condition, legal qualifications, and
character were considered and approved in a full public proceeding after due notice and a
reasonable opportunity to be heard;
(2) Grantee’s plans for operating the Cable System were considered and found
adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to
be heard;
(3) The Franchise granted to Grantee by City complies with the existing
applicable State statutes, federal laws and regulations;
(4) Grantee has substantially complied with the material terms of the current
Franchise under applicable laws; and
(5) The Franchise granted to Grantee is nonexclusive.
2
(C) Short title and definitions.
(1) Short title. This Franchise shall be known and cited as the Cable System
Franchise-Charter Cable Partners, LLC.
(2) Definitions. For purposes of this Franchise, the following terms, phrases,
words and their derivations shall have the meaning ascribed to them by the Cable
Communications Policy Act of 1984, as amended from time to time (the “Cable Act”), unless
otherwise defined herein. Words used in the present tense include the future, words in the plural
number include the singular number, and words in the singular number include the plural
number. All capitalized terms used in the definition of any other term shall have their meaning
as otherwise defined in this section. The words “shall” and “will” are mandatory and “may” is
permissive. Words not defined shall be given their common and ordinary meaning.
BASIC CABLE SERVICE. Any service tier which includes the lawful
retransmission of local television broadcast signals and any public, educational, and
governmental access programming required by the franchise to be carried on the basic tier.
Basic Cable Service as defined herein shall be the definition set forth in 47 U.S.C. § 522(3).
CABLE ACT. The Cable Communications Act of 1984 as amended, 47 U.S.C.
§521 et. seq.
CABLE SERVICE or SERVICE.
(1) The one-way transmission to Subscribers of (i) Video Programming, or
(ii) Other Programming Service; and
(2) Subscriber interaction, if any, which is required for the selection or use
of such Video Programming or Other Programming Service. Cable Service as defined herein
shall be the definition set forth in 47 U.S.C. § 522(6).
CABLE SYSTEM, or SYSTEM. A facility, consisting of a set of closed
transmission paths and associated signal generation, reception and control equipment that is
designed to provide Cable Service which includes Video Programming and which is provided to
multiple Subscribers within a community, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one (1)
or more television broadcast stations;
(2) A facility that serves Subscribers without using any public Rights-of-
Way;
(3) A facility of a common carrier which is subject, in whole or in part, to
the provisions of 47 U.S.C. § 201 et. seq., except that such facility shall be considered a Cable
System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the
transmission of Video Programming directly to Subscribers; unless the extent of such use is
solely to provide interactive on-demand services;
3
(4) An open video system that complies with 47 U.S.C. § 573; or
(5) Any facilities of any electric utility used solely for operating its
electric utility system.
Cable System as defined herein shall be the definition set forth in 47 U.S.C.
§ 522(7).
CHANNEL or CABLE CHANNEL. A portion of the electromagnetic frequency
spectrum which is used in a Cable System and which is capable of delivering a television
channel.
CITY. The City of Apple Valley, Minnesota.
CITIES. The Cities of Apple Valley, Farmington and Rosemount, Minnesota
collectively.
CITY CODE. The City of Apple Valley Code of Ordinances, as may be amended
from time to time.
COMMISSION. The joint powers body formed by the Cities of Apple Valley,
Farmington and Rosemount, Minnesota.
CONVERTER. An electronic device which converts signals to a frequency
acceptable to a television receiver of a Subscriber.
COUNCIL. The City Council of the City of Apple Valley, Minnesota.
DAY. Unless otherwise specified shall mean a calendar day.
DROP. The cable that connects the ground block at the Subscriber’s location to
the nearest distribution point of the System.
EFFECTIVE DATE. Shall mean July 1, 2018.
FCC. The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
FRANCHISE. This franchise and the regulatory and contractual relationship
established hereby.
FRANCHISE FEE. In accordance with 47 U.S.C. § 542(g), any tax, fee, or
assessment of any kind imposed by the City or other governmental authority on Grantee or cable
Subscriber, or both, solely because of their status as such. The term "Franchise Fee" does not
include:
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(1) Any tax, fee, or assessment of general applicability (including any
such tax, fee, or assessment imposed on both utilities and cable operators or their services but not
including a tax, fee, or assessment which is unduly discriminatory against cable operators or
Subscribers);
(2) Capital costs which are required by the Franchise to be incurred by
Grantee for PEG Access facilities;
(3) Requirements or charges incidental to the award or enforcement of the
Franchise, including payments for bonds, security funds, letters of credit, insurance,
indemnification, penalties, or liquidated damages; or
(4) Any fee imposed under Title 17 of the United States Code.
GOVERNMENTAL AUTHORITY. Any court or other federal, state, county,
municipal or other governmental department, commission, board, agency or instrumentality.
GRANTEE. Charter Cable Partners, LLC l/k/a Charter Communications, its
lawful successors, transferees or assignees.
GROSS REVENUES. Any and all revenues actually received by the Grantee, as
determined in accordance with generally accepted accounting principles (“GAAP”), from the
operation of the Cable System to provide Cable Services in the Service Area. Gross Revenues
shall not include any taxes, fees or assessments of general applicability imposed or assessed by
any Governmental Authority, launch fees, tower rent, network capacity and facilities rent for the
provision of non-cable services (including but not limited to voice or data services), investment
income, bad debt, credits, refunds, any amounts collected from Subscribers for deposits, FCC
Fees or PEG Fees. A Franchise Fee is not such a tax, fee or assessment. The City acknowledges
and accepts that Grantee shall maintain its books and records in accordance with GAAP. The
parties acknowledge that the Grantee may offer a bundle or package of Cable Services and non-
Cable Services at a discounted rate. In order to calculate Gross Revenues, the Grantee will
allocate revenues between Cable Services (which are subject to the Franchise Fee) and non-
Cable Services (which are not subject to the Franchise Fee but may be subject to other fees
and/or taxes) included in the bundle or package of services. The Grantee shall apportion the
revenues generated from bundled or packaged services on a proportionate pro rata basis among
the services offered unless such allocation methodology is directly in conflict with GAAP, in
which case Grantee shall allocate bundled revenues in accordance with GAAP, and in no event
shall the Grantee allocate the revenues to evade its Franchise Fee obligations under this
Franchise or disproportionately reduce Gross Revenues.
INSTALLATION. The connection of the System from distribution cable to the
point of connection, including Standard Installations and custom Installations.
NORMAL BUSINESS HOURS. Those hours during which most similar
businesses in the City are open to serve customers. In all cases, “Normal Business Hours” must
include some evening hours at least one (1) night per week and/or some weekend hours. Cable
System Normal Business Hours as defined herein shall be the definition set forth in 47 C.F.R. §
76.309(d).
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NORMAL OPERATING CONDITIONS. Those service conditions which are
within the control of the Grantee. Those conditions which are not within the control of the
Grantee include, but are not limited to, natural disasters, civil disturbances, power outages,
telephone network outages, and severe or unusual weather conditions. Those conditions which
are ordinarily within the control of the Grantee include, but are not limited to, special
promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and
maintenance or upgrade of the Cable System. Normal Operating Conditions as defined herein
shall be the definition set forth in 47 C.F.R. § 76.309(d).
OTHER PROGRAMMING SERVICE. Information that a cable operator makes
available to all Subscribers generally. Other Programming Services as defined herein shall be
the definition set forth in 47 U.S.C. § 522 (14).
PEG. Public, educational and governmental.
PERSON. Any individual or any association, firm, general partnership, limited
partnership, joint stock company, joint venture, trust, corporation, limited liability company or
other legally recognized entity, private or public, whether for-profit or not-for-profit.
SERVICE AREA. The entire geographic area within the City as it is now
constituted or may in the future be constituted, unless otherwise specified in this Franchise.
STANDARD INSTALLATION. Any residential Installation which can be
completed using an aerial Drop of one hundred twenty-five (125) feet.
STATE. The State of Minnesota.
RIGHT OF WAY, RIGHTS-OF-WAY or ROW. The area on, below, or above a
public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City
has an interest, including other dedicated rights-of-way for travel purposes and utility easements
of local government units including the City.
SUBSCRIBER. Any Person who lawfully elects to subscribe to Cable Service
via the System. Subscriber as defined herein shall be the definition set forth in 47 C.F.R.
§ 76.5(ee).
VIDEO PROGRAMMING. Programming provided by, or generally considered
comparable to programming provided by, a television broadcast station. Video Programming as
defined herein shall be the definition set forth in 47 U.S.C. § 522(20).
(D) Written notice.
(1) All notices, reports or demands required or permitted to be given under this
Franchise shall be in writing and shall be deemed to be given when delivered personally to the
party designated below, or when five (5) days have elapsed after it has been deposited in the
United States mail in a sealed envelope, with registered or certified mail, postage prepaid
thereon, or on the next business day if sent by express mail or nationally recognized overnight air
courier addressed to the party to which notice, report or demand is being given, as follows:
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If to City: City Administrator
City of Apple Valley
7100 147th Street West
Apple Valley, MN 55124
If to Grantee: Charter Communications
Attn: Vice President, Legal Operations
12405 Powerscourt Drive
St. Louis, MO 63131
With a courtesy copy to: Charter Communications
16900 Cedar Avenue South
Rosemount, MN 55068
(2) Such addresses may be changed by either party upon notice to the other party
given as provided in this section.
(E) Grant of authority and general provisions.
(1) Franchise required. It shall be unlawful for any person to construct, install,
operate or maintain a Cable System or to offer Cable Service in the City unless such Person or
the Person for whom such action is being taken shall have first obtained and shall currently hold
a valid cable television franchise. The City shall at all times comply with the level playing field
statute at Minnesota Statutes Section 238.08 and any other applicable state or federal level
playing field requirements.
(2) Grant of franchise.
(a) This nonexclusive Franchise is granted pursuant to the terms and
conditions contained herein. The City hereby authorizes Grantee to occupy or use the City’s
Rights-of-Ways subject to:
1. The provisions of this non-exclusive Franchise to provide
Cable Service within the City; and
2. All generally applicable nondiscriminatory and competitively
neutral provisions of the City Code. Nothing in this Franchise shall be construed to prohibit
Grantee from:
3. Providing services other than Cable Services; or
4. Challenging any exercise of the City’s legislative or regulatory
authority in an appropriate forum. The City hereby reserves all of its rights to regulate such
other services to the extent not prohibited by applicable law and no provision herein shall be
construed to limit or give up any City right to regulate.
(b) The City shall endeavor to require developers of future subdivisions to
allow and accommodate the construction of the System as part of any provisions for utilities to
serve such subdivisions.
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(c) The Grantee agrees to comply with the terms of any lawfully adopted
generally applicable local ordinance related to the safety, health, and welfare of the public or use
of Rights-of-Way, to the extent that the provisions of the ordinance do not conflict with this
Franchise. This Franchise is a contract and except as to those changes which are the result of the
City’s lawful exercise of its general police power, the City may not take any unilateral action
which materially changes the explicit mutual promises in this contract. Any changes to this
Franchise must be made in writing signed by the Grantee and the City. In the event of any
conflict between this Franchise and any City ordinance or regulation that is not generally
applicable, this Franchise shall control. Grantee reserves all rights it may have to challenge any
modifications to the City Code whether arising in contract or at law. The City reserves all of its
rights and defenses to such challenges whether arising in contract or at law.
(d) Nothing in this franchise shall:
1. Abrogate the right of the City to perform any public works or
public improvements of any description,
2. Be construed as a waiver of any codes or ordinances
promulgated by the City, or
3. Be construed as a waiver or release of the rights of the City in
and to the Rights-of-Way, or
4. Be construed as a waiver or release of rights of the Grantee.
(e) This Franchise complies with the Minnesota franchise standards set
forth in Minnesota Statutes Section 238.084. The City and the Grantee shall conform to
Minnesota laws promulgated subsequent to the date of this Franchise. The City and the Grantee
shall conform to federal laws and regulations as they become effective.
(3) Additional providers.
(a) The Franchise granted herein shall be nonexclusive.
(b) The City acknowledges that under Minn. Stat. §238.08, Subd. 1(b) it
may only grant additional franchises to provide Cable Service within the City on terms and
conditions no more favorable or less burdensome than those in this Franchise pertaining to:
1. The area served;
2. Public, educational, or governmental access requirements; or
3. Franchise fees. Additionally, and beyond the requirements of
Minn. Stat. §238.08, the City agrees that Grantee’s obligations under this Franchise with regard
to ROW access and responsibilities, complimentary service to public buildings, penalties and
security, sale or transfer of ownership shall not be more burdensome or less favorable than those
imposed on any such Additional Provider (defined below).
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(c) If any other provider of Cable Services is lawfully authorized by the
City to provide such services using facilities located wholly or partly in the Rights-of-Way of the
City (“Additional Provider(s)”), the City shall, within thirty (30) days of a written request from
Grantee, modify this Franchise to ensure that the obligations imposed by Section 2.3(b) have
been met.
(d) If the City fails to make modifications consistent with Section 2.3(b)
Grantee shall have the right to initiate an action in the state or federal district court for breach of
contract or other appropriate claims and seek any and all appropriate relief, including specific
performance.
(e) Nothing in this Franchise shall impair the right of the City or Grantee
to seek other remedies available under law.
(f) In the event City initiates the franchising process pursuant to Minn.
Stat. §238.081, the City shall notify Grantee in writing of its intent to initiate the franchising
process prior to doing so.
(g) Grantee shall have the right to operate the Cable System to the extent
provided in any future amendment to applicable state or federal law.
(4) Term. The initial term of this Franchise shall be for the period of ten (10)
years from the date of acceptance by Grantee, unless renewed, revoked or, terminated sooner as
herein provided (“Initial Term”). The Initial Term may be extended by mutual agreement of the
parties.
(5) Previous franchise. Upon acceptance of this Franchise by Grantee as required
in Paragraph (N) herein, this Franchise shall supersede and replace any previous Franchise and
Regulatory Ordinance granting a franchise to Grantee to own, operate and maintain a Cable
System within the City. The Franchise adopted by Ordinance No. 660 is hereby repealed.
(6) Rules of grantee. The Grantee shall have the authority to promulgate such
rules, regulations, terms and conditions governing the conduct of its business as shall be
reasonably necessary to enable said Grantee to exercise its rights and perform its obligation
under this Franchise and to assure uninterrupted service to each and all of its Subscribers;
provided that such rules, regulations, terms and conditions shall not be in conflict with provisions
hereto, the City Code or applicable law.
(7) Territorial area involved. This Franchise is granted for the Service Area.
(a) Grantee shall maintain the Cable System in a commercially reasonable
manner.
(b) Notwithstanding the foregoing, the Grantee shall have the right, but
not the obligation, to extend the Cable System into any portion of the Service Area, provided,
however, that if any Additional Provider operating in the City as of the Effective Date of this
Franchise ceases the provision of Cable Service in the City, then the Grantee shall be obligated
to extend the System and offer Service to all portions of the Service Area in which there is a
minimum of thirty-five (35) homes per linear stand mile of cable as measured from Grantee’s
closest trunk line or distribution cable actively delivering Service. The Grantee shall be afforded
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a reasonable period of time to extend the System and make Service available, not to exceed six
(6) months from a request for Service.
(F) Construction standards.
(1) Permits. Grantee shall not construct any Cable System facilities until Grantee
has secured the permits from City required by applicable law.
(2) Grantee’s facilities and equipment.
(a) In those areas of the City where transmission or distribution facilities
of all the utilities providing telephone and electric power service are underground, the Grantee
likewise shall construct, operate and maintain its transmission and distribution facilities therein
underground.
(b) Grantee shall be granted access to any easements granted to a public
utility, municipal utility or utility district in any areas annexed by City or new developments.
(c) In those areas of the City where Grantee’s cables are located on the
above-ground transmission or distribution facilities of the utility providing telephone or electric
power service, and in the event that the facilities of both such utilities subsequently are placed
underground, then the Grantee likewise shall construct, operate and maintain its transmission and
distribution facilities underground.
(d) Certain of Grantee’s equipment, such as pedestals, amplifiers and
power supplies, which normally are placed above ground, may continue to remain in above-
ground closures.
(3) Conditions on right-of-way use.
(a) Nothing in this Franchise shall be construed to prevent City from
constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining,
repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing,
maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing
any sidewalk or other public work consistent with applicable law.
(b) Relocation for the City. The Grantee shall, upon receipt of reasonable
advance written notice, to be not less than ten (10) business days, protect, support, temporarily
disconnect, relocate, or remove any property of Grantee when lawfully required by the City
pursuant to its police powers. Grantee shall be responsible for any costs associated with these
obligations to the same extent all other users of the City rights-of-way are responsible for the
costs related to the relocation of their facilities.
(c) Relocation for a third party. The Grantee shall, on the request of any
Person holding a lawful permit issued by the City, protect, support, raise, lower, temporarily
disconnect, relocate in or remove from the Right-of-Way as necessary any property of the
Grantee, provided that the expense of such is paid by any such Person benefiting from the
relocation and the Grantee is give reasonable advance written notice to prepare for such changes.
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The Grantee may require such payment in advance. For purposes of this subsection, “reasonable
advance written notice” shall be no less than ten (10) business days in the event of a temporary
relocation and no less than one hundred twenty (120) days for a permanent relocation.
(d) Reimbursement of costs. If funds are available to any Person using the
Rights-of-Way for the purpose of defraying the cost of any of the foregoing, the City shall
reimburse the Grantee in the same manner in which other Persons affected by the requirement
are reimbursed. If the funds are controlled by another governmental entity, the City shall make
application for such funds on behalf of the Grantee.
(e) The Grantee shall, on request of any Person holding a moving permit
issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the
expense of such temporary removal to be paid by the Person requesting the same, and the
Grantee shall be given not less than ten (10) days advance notice to arrange for such temporary
changes.
(f) Nothing in this Franchise shall be construed to prevent the City from
adopting and enforcing requirements for the usage of Rights-of-Way, or from constructing,
maintaining, repairing or relocating utility facilities, streets or sidewalks, or from grading,
paving, maintaining, repairing, relocating and/or altering any Right-of-Way.
(g) All System facilities shall be located so as not to obstruct or interfere with
the use of Right-of-Way, and so as not to unnecessarily interfere with the usual and customary trade,
traffic, or travel upon the streets and public places in the franchise area or endanger the life of
property of any Person.
(4) Tree trimming. Grantee shall have the authority to trim trees, in accordance
with applicable law.
(5) Protection of facilities. Nothing contained in this section shall relieve any
Person from liability arising out of the failure to exercise reasonable care to avoid damaging
Grantee’s facilities while performing any work connected with grading, regrading or changing
the line of any Rights-of-Way or public place or the construction or reconstruction of any sewer
or water system.
(6) Safety requirements. The Grantee shall at all times keep and maintain the
System in good condition, order, and repair so as to avoid endangering the life or property of any
Person; employ ordinary and reasonable care and common industry practices to avoid causing
damage, injuries, or nuisances to the public, and; keep and maintain the System in accordance
with all federal, state and local laws and regulations including the National Electric Safety Code.
(7) Underground Drop burial. Grantee shall bury all underground drops in a
reasonable time period which shall not exceed ten (10) business days , subject to weather
conditions and the completion of required utility locates. In the event the ground is frozen,
Grantee shall be permitted to delay burial until the ground is suitable for burial which in no
event shall be later than June 30th
(8) Repair of rights-of-way and property. Any and all Rights-of-Way or public
property disturbed or damaged during the construction, repair, replacement, relocation,
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operation, maintenance or reconstruction of the System shall be promptly and fully restored by
Grantee at its expense in accordance with any generally applicable ordinance governing Rights-of-
Way.
(G) Design provision.
(1) Cable system design and functionality. As of the Effective Date of this
Agreement, the Grantee operates a 750 MHz Hybrid Fiber-Coax Cable System. The parties
acknowledge that the current design of the Cable System does not preclude the use of new
technologies in the future.
(2) Programming decisions.
(a) Grantee shall carry broad categories of video programming, including
local news, sports, and entertainment. Any change in the broad categories of video programming
or other information services shall require City approval consistent with 47 U.S.C. § 544(b),
which approval shall not be unreasonably withheld.
(b) Grantee shall comply with federal law regarding notice to the City and
Subscribers prior to any Channel additions, deletions, or realignments.
(3) Technical standards. The technical standards used in the operation of the
Cable System shall comply, at minimum, with the technical standards promulgated by the FCC
relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal
Regulations, as may be amended or modified from time to time, which regulations are expressly
incorporated herein by reference.
(4) Special testing. City may require special testing of a location or locations
within the System if there is a particular matter of controversy or unresolved complaints
pertaining to such location(s). Demand for such special tests may be made on the basis of
complaints received or other evidence indicating an unresolved controversy or noncompliance.
Such tests shall be limited to the particular matter in controversy or unresolved complaints. The
City shall arrange its request for such special testing so as to minimize hardship or inconvenience
to Grantee or to the Subscribers caused by such testing. Before ordering such tests, Grantee shall
be afforded thirty (30) days to correct problems or complaints upon which tests were ordered.
The City shall meet with Grantee prior to requiring special tests to discuss the need for such and,
if possible, visually inspect those locations which are the focus of concern. If, after such
meetings and inspections, City wishes to commence special tests and the thirty (30) days have
elapsed without correction of the matter in controversy or unresolved complaints, the tests shall
be conducted by a qualified engineer mutually selected by City and Grantee based on a mutually
agreed upon scope of work. The parties shall bear their respective costs for the testing.
(5) FCC reports. The results of tests required to be filed by Grantee with the FCC
shall also be copied to City within ten (10) days of the conduct of the date of the test.
(6) Emergency alert capability. At all times during the term of this Franchise,
Grantee shall provide and maintain an Emergency Alert System (EAS) consistent with applicable
federal law and regulations including 47 C.F.R., Part 11, and any Minnesota State Emergency
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Alert System requirements. The City may identify authorized emergency officials for activating
the EAS consistent with the Minnesota State Emergency Statewide Plan (“EAS Plan”).
(7) Parental control lock. To the extent required by applicable law, Grantee shall
provide, for sale or lease, to Subscribers, upon request, a parental control locking device or
digital code that permits inhibiting the video and audio portions of any Channels offered by
Grantee.
(H) Service provisions.
(1) Rate regulation. The City reserves the right to regulate rates for Basic Cable
Service and any other services offered over the Cable System, to the extent authorized by
applicable law.
(2) Leased channel service. Grantee shall offer leased channel service on
reasonable terms and conditions and in accordance with applicable law.
(3) Service to public buildings.
(a) For a period of one (1) year after the Effective Date, Grantee shall
provide Basic Cable Service, or its lowest cost level of Cable Service, to a single Drop, with one
(1) Converter (if necessary) to one (1) outlet, free of charge, at each public institution,
elementary and secondary school building and public library building that currently receives
complimentary Cable Service as of the Effective Date of this Franchise on a voluntary basis, as
listed in the exhibit attached hereto as Exhibit A-1. Thereafter, Grantee shall provide the
aforementioned service to fifty percent (50%) of the agreed upon locations attached hereto as
Exhibit A-2; provided, however, Grantee shall not be required to extend service to any building
or site not listed on Exhibit A-1 even if that results in Grantee serving less than fifty percent
(50%) of the agreed upon locations attached hereto as Exhibit A-2.
(b) Any public institution, elementary and secondary school building or
public library building that receives Cable Service pursuant to this Section 5.3 shall be
responsible for any costs incurred by Grantee to repair or replace any Drops, outlets or
equipment required to receive or distribute the Cable Service.
(4) Consumer Protection and Service Standards. Grantee shall comply with the
FCC Customer Service Rules at 47 CFR §76.309, as may be amended, and the following:
(a) Complaint records. Subject to Grantee's need to maintain the
privacy of certain information, the Grantee shall at all times maintain a record of all written
complaints received regarding interruptions or degradation of Cable Service and the
resolution of such complaints, which shall be maintained for one (1) year. Upon request,
Grantee shall make available for the City’s review a written summary of such complaints and
their resolution in accordance with Sections 7.3 and 7.4 herein. Upon request, Grantee will also
make reports available with respect to the objectively measurable service standards established
at 47 CFR §76.309.
(b) Additional customer service requirements. The City expressly
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reserves authority to adopt additional or modified customer service requirements to the extent
provided in applicable FCC regulations.
(5) Intentionally omitted.
(6) Sales procedures. Grantee shall have the right to market door-to-door during
reasonable hours consistent with this Franchise and existing local ordinances and regulation.
(7) Subscriber contracts. Grantee shall, upon written request, provide the City
with any standard form residential Subscriber contract utilized by Grantee for Cable Service. If
no such written contract exists, Grantee shall file with the City a document completely and
concisely stating the length and terms of the Subscriber contract offered to customers. The
length and terms of any standard form Subscriber contract(s) shall be available for public
inspection during Normal Business Hours. Upon request, a list of Grantee’s current Subscriber
rates and charges for Cable Service shall be maintained on file with City, unless otherwise
available on its consumer website, and shall be available for public inspection. For purposes of
this section, the availability of this information on Grantee’s website shall constitute compliance.
(8) Refund policy. If a Subscriber’s Cable Service is interrupted or discontinued,
without cause, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by
the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every
month will be assumed to have thirty (30) days .
(9) Late fees. Grantee shall comply with all applicable laws with respect to any
assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a
Subscriber for late payment of a bill.
(10) Disputes. All Subscribers and members of the general public may direct
complaints, regarding Grantee’s Service or performance to the chief administrative officer of the
City or the chief administrative officer’s designee, which may be a board of the City or the
Commission. Grantee shall endeavor to resolve Subscriber complaints within thirty (30) days.
(11) Customer bills. Customer bills shall be designed in such a way as to present
the information contained therein clearly and comprehensibly to Customers, and in a way that (a)
is not misleading and (b) does not omit material information. Notwithstanding anything to the
contrary in Section 5.4(d), above, Grantee may, in its sole discretion, consolidate costs on
Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C.
§ 542(c).
(12) Local office and repair phone line. Grantee shall maintain a conveniently
located customer service office which shall be staffed and open during Normal Business Hours.
Grantee shall also maintain a local or toll-free telephone Subscriber complaint line, available to
its Subscribers twenty-four (24) hours per day, seven (7) days a week. In the event Grantee elects
to close its local office, Grantee shall provide at least sixty (60) days prior written notice to the
City.
(13) Notification of complaint procedure. Grantee shall have printed clearly and
prominently on each Subscriber bill and in the customer service agreement provided for in
Section 5.3(e), the twenty-four (24) hour Grantee phone number for Subscriber complaints.
Additionally, Grantee shall provide information to customers concerning the procedures to
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follow when they are unsatisfied with measures taken by Grantee to remedy their complaint.
This information will include the phone number of the City office or Person designated to handle
complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to
contacting the City.
(14) Subscriber privacy. Only for so long as and to the extent required by Minn.
Stat. § 238.084 Subd. 1(s), no signals including signals of a Class IV Channel may be transmitted
from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices
without the express written permission of the Subscriber.
(15) Grantee identification. Grantee shall provide all customer service
technicians and all other Grantee employees entering private property with appropriate picture
identification so that Grantee employees may be easily identified by the property owners and
Subscribers.
(I) Public access provisions.
(1) Intentionally omitted.
(2) Public, Educational and Government Access Facilities. City or its designee is
hereby designated to operate, administer, promote, and manage the PEG programming
(hereinafter “PEG Access”) to the Cable System established pursuant to this Section 6. Grantee
shall have no responsibility whatsoever for PEG Access except as expressly stated in this Section
6 and Exhibit B.
(3) Grantee Support for PEG Usage. In accordance with the provisions of the
Cable Act and Minnesota Statutes Section 238.084, Grantee shall provide and make available for
PEG Access usage within the Service Area the following:
(4) Provision and use of the funds and Channels designated in Exhibit B of this
Franchise for local educational and governmental programming and access use in accordance
with the requirements of Exhibit B.
(5) Maintenance of the PEG Access Facilities and Channels, and support of
educational and governmental programming to the extent specified in Exhibit B and D. Exhibit
D shall be prepared annually and submitted to Grantee within ninety (90) days after the end of
each calendar year.
(6) PEG Access Facilities shall be operated by the City and PEG Channels shall
be programmed by the City or its lawful designee.
(J) Operation and administration provisions.
(7) Franchise fee.
(a) The City agrees to impose identical Franchise Fee obligations
(including but not limited to the Franchise Fee percentage and the Gross Revenue definition on
which the Franchise Fee is paid) on all Additional Providers of Service in the City. To the
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extent City fails to do so, Grantee shall have the right to pursue Franchise modification pursuant
to Section 2.3 herein. If City and Grantee fail to agree on modifications pursuant to the process
established in Section 2.3(c), Grantee shall have the right to eliminate or reduce any Franchise
Fee obligations to an amount equivalent to that imposed on a competing provider to make
Grantee’s Franchise Fee financial obligations equivalent to that imposed on an Additional
Provider.
(b) During the term of the Franchise, Grantee shall pay quarterly to the
City a Franchise Fee of five percent (5%) of Gross Revenues.
(c) Each Franchise Fee payment shall be paid quarterly not later than
forty-five (45) days following the end of a given quarter and shall be accompanied by a
Franchise Fee Payment Worksheet substantially in the form attached hereto as Exhibit C. Any
Franchise Fees owing pursuant to this Franchise which remain unpaid more than forty-five (45)
days after the dates specified herein shall be past due and subject to interest at an annual rate of
the prime interest rate during the period of underpayment plus 1%.
(d) Except as otherwise provided by law, no acceptance of any payment
by the City shall be construed as a release or as an accord and satisfaction of any claim the City
may have for further or additional sums payable as a Franchise Fee under this Franchise or for
the performance of any other obligation of the Grantee.
(e) No more than once every three (3) years and upon thirty (30) days
prior written notice, City shall have the right to conduct an independent review/audit of
Grantee’s records solely for the purpose of assessing Grantee’s compliance with the Franchise
Fee obligation herein. In the event the audit reveals an underpayment of five (5%) or more of
the Franchise Fee amounts due during the period audited, the Grantee shall reimburse the City’s
audit fees and expenses in full.
(1) Reports.
(a) Grantee shall provide City with an annual statement, within ninety (90)
days of the close of each calendar year end, reflecting the total amounts of Gross Revenues and
all payments, and computations of the Franchise Fee for the previous calendar year.
(b) Upon request, Grantee shall provide City with a summary of service
calls, identifying the number, general nature and disposition of such calls shall be submitted to
the City within thirty (30) days following its request in a form reasonably acceptable to the City.
(c) All reports and records required under this Franchise shall be furnished
at the sole expense of Grantee, except as otherwise provided in this Franchise.
(2) Records required and city’s right to inspect.
(a) Grantee shall at all times maintain a full and complete set of plans,
records and “as-built” drawings and/or maps showing the location of the Cable System installed
or in use in the City, exclusive of Subscriber service Drops and equipment provided in
Subscribers’ homes.
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(b) Subject to the privacy provisions of the Cable Act and confidentiality
designation of certain records under the Minnesota Data Practices Act, Min. Stat. Ch. 13 or other
applicable law, throughout the term of this Franchise, the Grantee agrees that the City, upon
reasonable prior written notice of thirty (30) days to the Grantee, and no more than once per
calendar year, may review such of the Grantee’s books and records regarding the operation of the
Cable System and the provision of Cable Service in the Franchise Area which are reasonably
necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise
(“Records”). Such notice shall specifically reference the section(s) of the Franchise that are
under review so that the Grantee may organize the necessary Records for easy access by the
City. Grantee shall make available for review such Records as soon as possible and in no event
more than thirty (30) days unless Grantee explains that it is not feasible to meet this timeline and
provides a written explanation for the delay and an estimated reasonable date for when such
information will be provided. All such Records pertaining to financial matters that may be the
subject of an inspection by the City shall be retained by the Grantee for a period of six (6) years,
pursuant to Minnesota Statutes Section 541.05. The Grantee shall not deny the City access to
Records on the basis that they are under the control of any parent corporation, affiliated entity or
a third party. Grantee shall provide all Records requested by the City or City’s agent in the
following manner: 1) at a conference room in City Hall; or 2) at Grantee’s office located in or
near the City; or 3) via mail or electronic communication acceptable to the City and Grantee. All
Records shall be subject to the provisions of this Franchise and applicable law regarding
confidentiality.
(3) Confidential information.
(a) Subject to applicable law, Grantee may choose to provide any
confidential Records that it is obligated to make available to the City pursuant to this Franchise,
by allowing the City, or its designated representative(s), to view the Records at a mutually
agreeable location and without City obtaining its own copies of such Records. Grantee may also
choose to provide any confidential or proprietary Records pursuant to a mutually acceptable non-
disclosure agreement with a City designated agent. The intent of the parties is to work
cooperatively to ensure that Records reasonably necessary for City’s monitoring and
enforcement of Franchise obligations are available to City while protecting Grantee’s
confidential information all in accordance with applicable law. To the extent that Grantee does
provide Records directly to the City, City agrees not to disclose Records except as required by
applicable law. Grantee shall be responsible for clearly and conspicuously identifying the
Records as confidential or proprietary. Grantee acknowledges that the Minnesota Data Practices
Act, Minn. Stat. Chapter 13 (“MDPA”) places limitations on the ability of the City to refuse
public disclosure of certain information unless such information meets the statutory requirements
set forth in the MDPA.
(b) If the City believes it must release any such confidential or proprietary
Records in the course of enforcing this Franchise, or for any other reason including compliance
with the MDPA, it shall advise Grantee in advance so that Grantee may take appropriate steps to
protect its interests. The City agrees that, to the extent permitted by the MDPA and applicable
law, it shall deny access to any of Grantee’s Records marked confidential, as set forth above, to
any Person and that it shall furnish only that portion of the Grantee’s Records required under the
MDPA and applicable law.
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(K) General financial and insurance provisions.
(1) Letter of credit.
(a) At the time of acceptance of this franchise, Grantee shall deliver to the
City an irrevocable and unconditional letter of credit in the amount of Ten Thousand Dollars
($10,000.00).
(b) In addition to recovery of any monies owed by Grantee to City or
damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City
in compliance with this section may charge to and collect from the letter of credit the following
liquidated damages:
1. For failure to provide data, documents, reports or information
required herein, the penalty shall be Fifty Dollars ($50.00) per day for each day, or part thereof,
such failure occurs or continues.
2. For failure to comply with construction, operation, customer
service, or maintenance standards, the penalty shall be One Hundred Dollars ($100.00) per day
for each day, or part thereof, such failure occurs or continues.
3. For failure to meet the PEG access requirements set forth in
Section 6 of this Franchise, the penalty shall be One Hundred Dollars ($100.00) per day for each
day, or part thereof, such failure occurs or continues.
4. For failure to comply with any of the provisions of this
Franchise, the penalty shall be Fifty Dollars ($50.00) per day for each day, or part thereof, such
violation continues.
Each violation of any provision of this Franchise shall be considered a separate violation for
which a separate penalty can be imposed.
(2) Procedure for franchise enforcement. Whenever the City finds that Grantee
has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written
notice shall be given to Grantee. The written notice shall describe in reasonable detail the
alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall
have thirty (30) days subsequent to receipt of the notice in which to correct the violation.
Grantee may, within thirty (30) days of receipt of notice, notify the City that there is a dispute as
to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with
particularity the matters disputed by Grantee and shall stay the running of the above-described
time and the accrual of penalties.
(a) City shall hear Grantee’s dispute at a mutually agreed upon time.
Grantee shall have the right to speak and introduce evidence. The City shall determine if
Grantee has committed a violation and shall make written findings of fact relative to its
determination. If a violation is found, Grantee may petition for reconsideration.
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(b) If after hearing the dispute, the claim is upheld by the City, then
Grantee shall have thirty (30) days within which to remedy the violation before the City may
seek to draw on the letter of credit.
(c) Grantee may appeal any adverse decision by the City which shall stay
the City’s right to draw on the letter of credit until such time as the action has been finally
adjudicated by a court of competent jurisdiction.
(3) Time for correction of violation. The time for Grantee to correct any alleged
violation may be extended by the City if the necessary action to correct the alleged violation is of
such a nature or character as to require more than thirty (30) days within which to perform
provided Grantee commences corrective action within fifteen (15) days and thereafter uses
reasonable diligence, as determined by the City, to correct the violation.
(4) Letter of credit cap. If City draws upon the letter of credit or any subsequent
letter of credit delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to
its full amount up the maximum provided by this Section 8.4 the same within ten (10) days and
shall deliver to City a like replacement letter of credit or certification of replenishment for the
full amount stated in Section 8.1(a) as a substitution of the previous letter of credit. This shall be
a continuing obligation for any draws upon the letter of credit up to an aggregate total of
Twenty-Five Thousand and No/100 Dollars ($25,000.00) over the Franchise term.
(5) Liability insurance.
(a) Grantee shall with its acceptance of this Franchise, and at its sole
expense, take out and maintain during the term of this Franchise commercial general liability
insurance with a company licensed to do business in the State of Minnesota that shall protect the
Grantee, the City and their officials, officers, directors, employees and agents from claims which
may arise from operations under this Franchise, whether such operations be by the Grantee, its
officials, officers, directors, employees and agents or any subcontractors of Grantee. This
liability insurance shall include, but shall not be limited to, protection against claims arising from
bodily and personal injury and damage to property, resulting from Grantee’s vehicles, products
and operations. The amount of insurance for single limit coverage applying to bodily and
personal injury and property damage shall not be less than Three Million Dollars ($3,000,000.00)
which may be satisfied by an umbrella liability policy. The following shall be included in the
liability policy:
1. The policy shall provide coverage on an “occurrence” basis.
2. The policy shall cover personal injury as well as bodily injury.
3. The policy shall cover blanket contractual liability subject to
the standard universal exclusions of contractual liability included in the carrier’s standard
endorsement as to bodily injuries, personal injuries and property damage.
4. Property damage liability shall be afforded.
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5. The City shall be named as an additional insured on the policy.
6. An endorsement shall be provided which states that the
coverage is primary insurance and that no other insurance maintained by the City will be called
upon to contribute to a loss under this coverage.
(6) Standard form of cross-liability shall be afforded.
(a) Cancellation notice will be provided for any reason other than non-
payment of premium and material alteration and requires the City provide Grantee a valid
contact name and e-mail address (with any changes to the contact name or e-mail address being
the responsibility of the City).
(b) Grantee shall submit to City documentation of the required insurance,
including a certificate of insurance evidencing these requirements.
(7) Indemnification.
(a) Grantee shall indemnify, defend and hold City, its officers, boards,
commissions, agents and employees (collectively the “Indemnified Parties”) harmless from and
against any and all lawsuits, claims, causes of action, actions, liabilities, demands, damages,
judgments, settlements, disability, losses, expenses (including attorney’s fees and disbursements
of counsel) and costs of any nature that any of the Indemnified Parties may at any time suffer,
sustain or incur arising out of, based upon or in any way connected with the grant of this
Franchise, the operation of Grantee’s System, the breach by Grantee of its obligations under this
Franchise and/or the activities of Grantee, its subcontractor, employees and agents hereunder.
Grantee shall be solely responsible for and shall indemnify, defend and hold the Indemnified
Parties harmless from and against any and all matters relative to payment of Grantee’s
employees, including compliance with Social Security and withholdings.
(b) The indemnification obligations of Grantee set forth in this Franchise
are not limited in any way by the amount or type of damages or compensation payable by or for
Grantee under Workers’ Compensation, disability or other employee benefit acts, acceptance of
insurance certificates required under this Franchise, or the terms, applicability or limitations of
any insurance held by Grantee.
(c) City does not, and shall not, waive any rights against Grantee which it
may have by reason of the indemnification provided for in this Franchise, because of the
acceptance by City, or the deposit with City by Grantee, of any of the insurance policies
described in this Franchise.
(d) The indemnification of City by Grantee provided for in this Franchise
shall apply to all damages and claims for damages of any kind suffered by reason of any of the
Grantee’s operations referred to in this Franchise, regardless of whether or not such insurance
policies shall have been determined to be applicable to any such damages or claims for damages.
(e) Grantee shall not be required to indemnify City for negligence or
misconduct on the part of City or its officials, boards, commissions, agents, or employees. City
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shall hold Grantee harmless, subject to the limitations in Minnesota Statutes Chapter 466, for any
damage resulting from the negligence or misconduct of the City or its officials, boards,
commissions, agents, or employees in utilizing any PEG Channels, equipment, or facilities and
for any such negligence or misconduct by City in connection with work performed by City and
permitted by this Franchise, on or adjacent to the Cable System.
(8) Process. In order for City to assert its rights to be indemnified, defended, and
held harmless, City must, with respect to each claim:
(a) Promptly notify Grantee within ten (10) business days in writing of
any claim or legal proceeding which gives rise to such right;
(b) Afford Grantee the opportunity to participate in and fully control any
compromise, settlement or other resolution or disposition of any claim or proceeding; and
(c) Fully cooperate with reasonable requests of Grantee, at Grantee's
expense, in its participation in, and control, compromise, settlement or resolution or other
disposition of such claim or proceeding subject to subparagraph (ii) above.
(9) Grantee’s insurance. Grantee shall not commence any Cable System
reconstruction work or permit any subcontractor to commence work until all insurance required
under this Franchise has been obtained. Said insurance shall be maintained in full force and
effect until the expiration of this Franchise.
(10) Workers’ compensation insurance. Grantee shall obtain and maintain
Workers’ Compensation Insurance for all of Grantee’s employees, and in case any work is
sublet, Grantee shall require any subcontractor similarly to provide Workers’ Compensation
Insurance for all of their employees, all in compliance with State laws. Grantee shall provide the
City with a certificate of insurance indicating Workers’ Compensation coverage upon its
acceptance of this Franchise.
(L) Sale, abandonment, transfer and revocation.
(1) Abandonment of service. Grantee may not abandon the System or any portion
thereof without having first giving three (3) months written notice to City. Grantee may not
abandon the System or any portion thereof without compensating City for damages resulting
from the abandonment.
(2) Removal after termination or forfeiture.
(a) In the event of termination or forfeiture of the Franchise, City shall
have the right to require Grantee to remove all or any portion of the System from all Rights-of-
Way and public property within City associated solely with the provision of Cable Service;
provided, however, that if Grantee is providing services other than Cable Services or pursuant to
Minnesota Statutes, Section 237.01 et seq., City shall not require the removal of the System.
Nothing in this section shall be deemed either to grant or to preclude the provision of services
other than Cable Services.
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(b) If Grantee has failed to commence removal of System, or such part
thereof as was designated by City, within one hundred twenty (120) days after written notice of
City’s demand for removal is given, or if Grantee has failed to complete such removal within
twelve (12) months after written notice of City’s demand for removal is given, City shall have
the right to declare all right, title, and interest to the System to be in City with all rights of
ownership including, but not limited to, the right to operate the System or transfer the System to
another for operation by it pursuant to the provisions of 47 U.S.C. § 547 (1989).
(3) Sale or transfer of franchise.
(a) No sale, transfer, or assignment of this Franchise, or “fundamental
corporate change”, as defined in Minnesota Statutes, Section 238.083, in Grantee, shall take
place until a written request is filed with City for its approval, provided, however, that said
approval shall not be required where Grantee grants a security interest in its Franchise and assets
to secure an indebtedness.
(b) City shall have thirty (30) days from the time of the request to reply in
writing and indicate its determination that a public hearing is necessary due to potential adverse
effect on Grantee’s Subscribers resulting from the sale or transfer. Such determination shall be
expressed in writing.
(c) If a public hearing is deemed necessary pursuant to subparagraph (b)
above, such hearing shall be commenced within thirty (30) days of such determination and notice
of any such hearing shall be given in accordance with local law or fourteen (14) days prior to the
hearing by publishing notice thereof once in a newspaper of general circulation in City. The
notice shall contain the date, time and place of the hearing and shall briefly state the substance of
the action to be considered by City.
(d) Thereafter, City shall approve or deny in writing the sale or transfer
request. City shall set forth in writing its reason(s) for denying approval. City shall not
unreasonably withhold its approval.
(e) The parties to the sale or transfer of the Franchise only, without the
inclusion of the System in which substantial construction has commenced, shall establish that the
sale or transfer of only the Franchise will be in the public interest.
(f) Any sale or transfer of stock in Grantee so as to create a new
controlling interest in the System shall be subject to the requirements of this Section 9.3. The
term “controlling interest” as used herein is not limited to majority stock ownership, but includes
actual working control in whatever manner exercised.
(g) In no event shall a transfer or assignment of ownership or control be
approved without the transferee becoming a signatory to this Franchise and assuming all rights
and obligations there under, and assuming all other rights and obligations of the transferor to the
City.
(h) In the event of any proposed sale or assignment pursuant to
subparagraph (a) of this section City shall have the right of first refusal of any bona fide offer to
22
purchase the System. Bona fide offer, as used in this section, means an offer received by the
Grantee which it intends to accept subject to City’s rights under this section. This written offer
must be conveyed to City along with the Grantee’s written acceptance of the offer contingent
upon the rights of City provided for in this section. City shall be deemed to have waived its
rights under this section in the following circumstances:
1. If it does not indicate to Grantee in writing, within sixty (60)
days of notice of a proposed sale or assignment, its intention to exercise its right of purchase; or
2. It approves the assignment or sale of the Franchise as provided
within this section.
(4) Reservation of rights. City and Grantee reserve all rights that they may
possess under applicable laws unless expressly waived herein.
(M) Miscellaneous provisions.
(1) Franchise renewal. Any renewal of this Franchise shall be in accordance with
applicable laws. The term of any renewed Franchise shall be limited to a period not to exceed
fifteen (15) years.
(2) Work of contractors and subcontractors. All provisions of this Franchise shall
apply to any subcontractor or others performing any work or services on Grantee’s behalf
pursuant to the provisions of this Franchise. Grantee shall be responsible for ensuring that the
work of contractors and subcontractors is performed consistent with the Franchise and applicable
laws and shall indemnify the City pursuant to Section 8.5.
(3) Governing law. This Franchise shall be deemed to be executed in the State of
Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and
construed in accordance with, the Cable Act and the laws of the State of Minnesota, as applicable
to contracts entered into and performed entirely within the State.
(4) Non-enforcement by City. Grantee shall not be relieved of its obligation to
comply with any of the provisions of this Franchise by reason of any failure of the City to
enforce prompt compliance.
(5) Captions. The paragraph captions and headings in this Franchise are for
convenience and reference purposes only and shall not affect in any way the meaning of
interpretation of this Franchise.
(6) Calculation of time. Where the performance or doing of any act, duty, matter,
payment or thing is required hereunder and the period of time or duration for the performance is
prescribed and fixed herein, the time shall be computed so as to exclude the first and include the
last day of the prescribed or fixed period or duration of time. When the last day of the period
falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation and
the next business day shall be the last day of the period.
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(7) Survival of terms. Upon the termination or forfeiture of the Franchise,
Grantee shall no longer have the right to occupy the Rights-of-Way for the purpose of providing
Cable Service. However, Grantee’s obligations to the City shall survive according to their terms.
(8) Severability. If any provision of this Franchise is held by any Governmental
Authority of competent jurisdiction, to be invalid as conflicting with any applicable laws now or
hereafter in effect, or is held by such Governmental Authority to be modified in any way in order
to conform to the requirements of any such applicable laws, such provision shall be considered a
separate, distinct, and independent part of this Franchise, and such holding shall not affect the
validity and enforceability of all other provisions hereof. In the event that such applicable laws
are subsequently repealed, rescinded, amended or otherwise changed, so that the provision
hereof which had been held invalid or modified is no longer in conflict with such laws, said
provision shall thereupon return to full force and effect and shall thereafter be binding on City
and Grantee, provided that City shall give Grantee thirty (30) days written notice of such change
before requiring compliance with said provision or such longer period of time as may be
reasonably required for Grantee to comply with such provision.
(9) Force majeure. In the event Grantee’s performance of any of the terms,
conditions, obligations or requirements of this Franchise is prevented or impaired due to any
cause beyond its reasonable control, such inability to perform shall be deemed to be excused for
the period of such inability and no penalties or sanctions shall be imposed as a result thereof.
Such causes beyond Grantee’s reasonable control shall include, but shall not be limited to, acts
of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment, inability
of Grantee to obtain access to an individual’s property and inability of Grantee to secure all
necessary permits to utilize utility poles and conduit so long as Grantee utilizes due diligence to
timely obtain said permits.
(N) Acceptance and exhibits.
(1) Acceptance. Grantee shall accept this Franchise within thirty (30) of its
enactment by the City Council, unless the time for acceptance is extended by City. Such
acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes. In the
event acceptance does not take place, this Franchise and any and all rights previously granted to
Grantee shall be null and void.
(a) Upon acceptance of this Franchise, Grantee shall be bound by all the
terms and conditions contained herein.
(b) Grantee shall accept this Franchise in the following manner:
1. This Franchise will be properly executed and acknowledged by
Grantee and delivered to City.
2. With its acceptance, Grantee shall also deliver any
performance bond and insurance certificates required herein that have not previously been
delivered.
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Section 3. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. _____", a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the intent and
effect of the ordinance.
Section 4. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any persons during regular office hours.
Section 5. Publication. Upon the execution of the Grantee’s acceptance of this franchise
ordinance, the City Clerk shall publish the title of this ordinance and the official summary in the
official newspaper of the City with notice that a printed copy of the ordinance is available for
inspection by any person during regular office hours at the Office of the City Clerk.
Section 6. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this ___ day of ________, 2018.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
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EXHIBIT A-1 – Charter List
EXHIBIT A -1
Service to Public Buildings:
Apple Valley PEG Studio 7100 147th Street W
Apple Valley Community Center 14603 Hayes Road
Apple Valley Fire Station 1 15000 Hayes Road
Apple Valley Fire Station 2 13995 Galaxie Ave
Apple Valley Fire Station 3 14195 Essex Lane
Apple Valley Sports Arena 14452 Hayes Road
Apple Valley Ice Arena 14595 Hayes Road
Apple Valley Maintenance 6442 140th Street W
Apple Valley Police Department 7100 147th Street W
Apple Valley City Hall 7100 147th Street W
Apple Valley Teen Center 14255 Johnny Cake Ridge Road
Redwood Community Center 311 County Road 42
Valleywood Golf Course 4851 McAndrews Road
Apple Valley High School 14450 Hayes Road
Eastview High School 6200 140th Street
Falcon Ridge Middle School 12900 Johnny Cake Ridge Road
Scott Highland Middle School 14011 Pilot Knob Road
Valley Middle School 900 Gardenview Drive
Cedar Park Elementary School 7500 Whitney Drive
Diamond Path Elementary School 14455 Diamond Path
Highland Elementary School 14001 Pilot Knob Road
Westview Elementary School 225 Gardenview Drive
ISD 196 District Service Center 14445 Diamond Path W
Senior Center 14601 Hayes Ave
26
EXHIBIT A-2 – Commission Universal List
NAME ADDRESS CITY
APPLE VALLEY CITY HALL (ALL
GOV'T HEAD END)
7100 147TH ST W APPLE VALLEY
APPLE VALLEY HIGH SCHOOL (ISD
196 HEAD END)
14450 HAYES RD APPLE VALLEY
FARMINGTON CITY HALL 430 Third Street FARMINGTON
BOECKMAN MIDDLE SCHOOL (ISD
192 HEAD END)
800 DENMARK AVE FARMINGTON
ROSEMOUNT CITY HALL 2875 145TH ST W ROSEMOUNT
APPLE VALLEY AQUATIC CENTER 14421 JOHNNY CAKE RIDGE
ROAD
APPLE VALLEY
APPLE VALLEY CITY HALL 7100 147TH ST W APPLE VALLEY
APPLE VALLEY COMMUNITY
CENTER
14603 HAYES RD APPLE VALLEY
APPLE VALLEY FIRE STATION 1 15000 HAYES RD APPLE VALLEY
APPLE VALLEY FIRE STATION 2 13995 GALAXIE AVE APPLE VALLEY
APPLE VALLEY FIRE STATION 3 14195 ESSEX LN APPLE VALLEY
APPLE VALLEY ICE ARENA 14595 HAYES ROAD APPLE VALLEY
APPLE VALLEY LIQUOR 1* 7525 148TH ST W APPLE VALLEY
APPLE VALLEY LIQUOR 2* 14261 ESSEX AVE APPLE VALLEY
APPLE VALLEY LIQUOR 3 5470 157TH ST W APPLE VALLEY
APPLE VALLEY MAINTENANCE 6442 140TH ST W APPLE VALLEY
APPLE VALLEY POLICE
DEPARTMENT
7100 147TH ST W APPLE VALLEY
APPLE VALLEY REDWOOD
COMMUNITY CENTER
311 COUNTY RD 42 APPLE VALLEY
APPLE VALLEY SENIOR CENTER 14601 HAYES RD APPLE VALLEY
APPLE VALLEY TEEN CENTER 14255 JOHNNY CAKE RIDGE
RD
APPLE VALLEY
APPLE VALLEY VALLEYWOOD
GOLF COURSE
4851 MCANDREWS RD APPLE VALLEY
APPLE VALLEY HIGH SCHOOL
SPORTS ICE ARENA
14452 HAYES RD APPLE VALLEY
CEDAR PARK ELEMENTARY
SCHOOL
7500 WHITNEY DR APPLE VALLEY
CEDAR VALLEY LEARNING
CENTER
14420 GLENDA DRIVE APPLE VALLEY
DAKOTA RIDGE 4629 144TH ST W APPLE VALLEY
DIAMOND PATH ELEMENTARY
SCHOOL
14455 DIAMOND PATH APPLE VALLEY
EASTVIEW HIGH SCHOOL 6200 140TH ST APPLE VALLEY
FALCON RIDGE MIDDLE SCHOOL 12900 JOHNNY CAKE RIDGE
RD
APPLE VALLEY
GREENLEAF ELEMENTARY 13333 GALAXIE AVE APPLE VALLEY
HIGHLAND ELEMENTARY SCHOOL 14001 PILOT KNOB RD APPLE VALLEY
27
ISD 196 DISTRICT SERVICE CENTER 14445 DIAMOND PATH W APPLE VALLEY
SCHOOL OF ENVIRONMENTAL
STUDIES
12155 JOHNNY CAKE RIDGE
RD
APPLE VALLEY
SCOTT HIGHLAND MIDDLE
SCHOOL
14011 PILOT KNOB RD APPLE VALLEY
SOUTHVIEW ELEMENTARY 1025 WHITNEY DRIVE APPLE VALLEY
TRANSITION PLUS/PATHWAY/ALC 5840 149TH ST W APPLE VALLEY
VALLEY MIDDLE SCHOOL 900 GARDENVIEW DR APPLE VALLEY
WESTVIEW ELEMENTARY SCHOOL 225 GARDENVIEW DR APPLE VALLEY
FAA CENTER 512 DIVISION ST FARMINGTON
FARMINGTON CENTRAL
MAINTENANCE FACILITY
19650 MUNICIPAL DRIVE FARMINGTON
FARMINGTON CITY HALL 430 THIRD STREET FARMINGTON
FARMINGTON FIRE STATION 1 21625 DENMARK AVE FARMINGTON
FARMINGTON FIRE STATION 2 19695 MUNICIPAL DR FARMINGTON
FARMINGTON LIBRARY 508 THIRD ST FARMINGTON
FARMINGTON LIQUORS 1 21625 DENMARK AVE FARMINGTON
FARMINGTON LIQUORS 2* 18350 PILOT KNOB ROAD FARMINGTON
FARMINGTON POLICE DEPT 19500 MUNICIPAL DR FARMINGTON
FARMINGTON POOL 626 HERITAGE WAY FARMINGTON
FARMINGTON RAMBLING RIVER
CENTER
325 OAK ST FARMINGTON
FARMINGTON SCHMITZ-MAKI ICE
ARENA
114 SPRUCE ST FARMINGTON
AKIN ROAD ELEMENTARY SCHOOL 5231 195TH ST W FARMINGTON
DODGE MIDDLE SCHOOL 4200 208TH ST W FARMINGTON
EXTENDED CAMPUS 211 3RD ST FARMINGTON
FARMINGTON ELEMENTARY
SCHOOL
500 MAPLE ST FARMINGTON
FARMINGTON HIGH SCHOOL * 20655 FLAGSTAFF AVE FARMINGTON
GATEWAY ACADEMY 510 WALNUT ST FARMINGTON
IDEA PROGRAM 304 SPRUCE ST FARMINGTON
MEADOW VIEW ELEMENTARY
SCHOOL
6100 195TH ST W FARMINGTON
RIVER VIEW ELEMENTARY
SCHOOL
4100 208TH ST W FARMINGTON
ROSEMOUNT COMMUNITY
CENTER/ICE ARENA
13885 SOUTH ROBERT TRL ROSEMOUNT
ROSEMOUNT CITY HALL 2875 145TH ST W ROSEMOUNT
ROSEMOUNT FAMILY RESOURCE
CENTER
14521 CIMARRON AVE ROSEMOUNT
ROSEMOUNT FIRE STATION 1 14700 SHANNON PARKWAY ROSEMOUNT
ROSEMOUNT FIRE STATION 2 2047 CONNEMARA TRAIL ROSEMOUNT
ROSEMOUNT PUBLIC WORKS
GARAGE
14455 BRAZIL AVE ROSEMOUNT
ROSEMOUNT PUBLIC WORKS
OFFICE
14425 BRAZIL AVE ROSEMOUNT
ROSEMOUNT STEEPLE CENTER 14375 SOUTH ROBERT TRAIL ROSEMOUNT
28
ALLIANCE EDUCATION CENTER* 14300 BISCAYNE AVE ROSEMOUNT
DAKOTA COUNTY TECHNICAL
COLLEGE*
1300 145TH ST ROSEMOUNT
FIRST BAPTIST SCHOOL* 14400 DIAMOND PATH ROSEMOUNT
ISD 196 DISTRICT OFFICE (DO) 3455 153RD ST ROSEMOUNT
ROSEMOUNT ELEMENTARY
SCHOOL
3155 143RD ST ROSEMOUNT
ROSEMOUNT HIGH SCHOOL 3335 142ND ST ROSEMOUNT
ROSEMOUNT MIDDLE SCHOOL 3135 143RD ST W ROSEMOUNT
SHANNON PARK ELEMENTARY
SCHOOL
13501 SHANNON PARKWAY ROSEMOUNT
* If landlord permits &/or if
economically feasible to serve
13900 BISCAYNE AVE ROSEMOUNT
29
EXHIBIT B
PEG ACCESS PROVISIONS
1. PEG Channels and Regional Channel.
(a) City or its designee is hereby designated to operate, administer, promote, and
manage PEG access provided over the Cable System. All Subscribers who receive all or
any part of the total services offered on the System shall receive such Channels at no additional
service charge.
(b) Except as provided in Section 1(c), Grantee shall make available Channels for
PEG access use (government, educational and public) as indicated in Section 2, below.
City’s use of the PEG Channels shall be for non-commercial PEG purposes only and
shall be programmed in City’s sole discretion. Grantee shall have no responsibility for the
content, operations or use of the PEG Channels other than as specified herein. From and
after the Effective Date, and except as this Franchise expressly provides otherwise, the City
shall be responsible for all production and distribution costs associated with the provision
of any PEG Channel, regardless of format, including but not limited to the cost of any
equipment or facilities necessary to produce, transport, or transmit the PEG Channels
from their signal origination point(s) to the designated location(s) indicated in Section
3(c) below for insertion on Grantee’s System. The City may rename, reprogram, or
otherwise change the use of these PEG Channels in its sole discretion, provided they remain
solely for non-commercial PEG purposes and are operated in accordance with law.
(c) City may request additional Channel(s) beyond the provisions of Section 1(b) in
accordance with applicable law, including Minn. Stat. §238.084 which is expressly
incorporated herein by reference.
(d) The following governs the Grantee’s use of the PEG Channels for other services
if a Channel is not being fully utilized for PEG purposes:
(i) If a PEG Channel is not “fully utilized” at any time during the term of this
Agreement in accordance with Section 1(d)(ii), the Grantee may temporarily use the PEG
Channel no less than sixty (60) days after submitting a written notice of such use to the
City.
(ii) The PEG Channel shall be considered fully utilized if programming is
delivered over it more than thirty-six (36) hours per week on average over a six (6) month
period, excluding character generated, programming, static bulletin board type
programming, or programming repeated more than seven (7) times in a single week
(Mon-Sun).
(iii) If the PEG Channel is being used by the Grantee in accordance with
subsection (d)(i) and (ii), and the City has determined in good faith that it or its
designated PEG provider has the ability to fully utilize the Channel again, then the City
shall request return of the PEG Channel by delivering written notice of same to the
Grantee, which shall include adequate assurances by City of its ability to fully utilize the
Channel. In such event, the PEG Channel shall be returned to the City for PEG
programming within ninety (90) days after receipt by the Grantee of such written notice.
(e) Grantee shall designate channel 6 for uniform regional channel usage only for so
long as required by Minn. Stat. §238.43.
2. PEG Carriage Requirements.
30
(a) Nothing herein precludes the Grantee from charging for any equipment needed to
receive Basic Cable Service.
(b) The Commission shall transport government programming originating from
Rosemount and Farmington City Halls to Apple Valley City Hall. Grantee shall transport
such programming from Apple Valley City Hall to Grantee’s headend in three (3)
separate streams to allow for narrowcasting the programming to the three (3) individual
Cities on PEG Channel #180 (the “Government Channel”). Within sixty (60) days after
the Effective Date, unless delayed by events out of Grantee’s reasonable control, the
Commission shall produce and transmit the Government Channel in high definition
(“HD”) and Grantee shall transport the Government Channel from Apple Valley City
Hall to Grantee’s headend in HD and narrowcast the appropriate programming stream on
the Government Channel in HD to each City (Apple Valley, Farmington or Rosemount,
Minnesota) in full satisfaction and compliance with Resolution No. _____ [customize per
City] provided that the signals are received by the Grantee in HD and meet Grantee’s
technical specifications for HD channels.
(c) The Grantee shall transport educational programming produced by ISD #192 and
#196 from the locations indicated in Section 3(c) herein to Grantee’s headend. Grantee
shall narrowcast ISD #192 programming to Farmington, and narrowcast ISD #196
programming to Apple Valley and Rosemount, on PEG Channel #189 (the “Educational
Channel”). On or after June 1, 2018, the Commission may request, and the Grantee shall
convert the Educational Channel to HD format provided that the signals received meet
Grantee’s technical specifications for HD channels and the Grantee’s out-of-pocket costs
to receive and distribute the educational programming on the Educational Channel in HD
(“Grantee Costs”) are reimbursed by the Commission or the school districts in an amount
which shall not exceed Seven Thousand Five Hundred Dollars ($7500.00) unless
approved by the Commission. Upon receipt of the Commission’s request to convert the
Educational Channel to HD, the Commission, the school districts, and Grantee shall
obtain and share relevant information regarding expected project costs, including work
orders, vendor quotes and bid specifications, and shall work cooperatively to attempt to
minimize the total cost. Once the estimated Grantee Costs are determined and approved
by the Commission and the school districts, the parties shall move forward with the
conversion. Grantee shall submit invoices to the Commission for reimbursement which
shall be payable within sixty (60) days of receipt. Grantee shall notify the Commission if
the Grantee Costs will exceed Seven Thousand Five Hundred Dollars ($7,500.00) and
shall not incur such costs without the approval of the Commission; the parties
acknowledge that failure to timely approve necessary Grantee Costs in excess of Seven
Thousand Five Hundred Dollars ($7,500.00) may delay or halt the conversion. Nothing in
this section shall make the Grantee responsible for Grantee Costs.
(d) The Grantee shall transport other programming produced by the Commission or
public from Apple Valley City Hall to Grantee’s headend and cablecast such
programming to Apple Valley, Farmington, and Rosemount on Channel #187 (the
“Public Channel”). At such time that Grantee delivers 90% or more of its Video
Programming in HD, the City may provide a written request that the Public Channel be
converted to an HD channel. City and Grantee shall implement the HD Public Channel
on mutually acceptable terms and conditions, provided that, the Grantee shall not
unreasonably refuse such future conversion to HD.
31
(e) In the event the City or Commission ceases to provide PEG programming in HD
format or Grantee ceases to provide any channels in HD in the City, Grantee shall no
longer be obligated to provide any HD PEG Channels.
(f) The City acknowledges that receipt of an HD format Channel may require
Subscribers to buy or lease special equipment, or pay additional HD charges applicable to
all HD services provided by Grantee.
(g) The use of specific PEG Channel numbers in this Exhibit B shall not limit
Grantee’s rights to relocate the PEG Channels pursuant to Section 3(b) herein.
3. PEG Channel Locations and Origination Sites.
(a) Grantee shall cablecast the PEG Channels on the following Channel designations:
Channels 180, 187, and 189.
(b) Grantee shall give Subscribers at least sixty (60) Days prior written notice of any
relocation of the PEG Channels to different Channel numbers. Prior to relocation,
Grantee shall inform Subscribers of the new Channel locations through bill messages or
inserts, and shall list the new Channel locations on the on-air program guide. The parties
acknowledge that Grantee contracts with a third party or parties to provide on-screen and
on-line program listings. It shall be the responsibility of the City, or its designee, to
provide such detailed program information to the third-party entity or entities that produce
such listings for Grantee in accordance with each such entity’s normal format and
scheduling requirements and at the City’s cost.
(c) The Grantee shall provide two-way capability permitting live transmission of
PEG Channels and programming upstream to Grantee’s headend only at the following
three (3) locations:
Apple Valley City Hall, 7100 147th Street W., Apple Valley, MN
ISD #192, 510 Walnut Street, Farmington, MN
ISD #196, 14450 Hayes Avenue, Apple Valley, MN
(d) The City shall have the right to extend additional two-way connections on
mutually acceptable terms and conditions from public institutional sites to permit live
transmission of PEG programming on PEG Channels to Grantee’s headend and onto the
System at the City’s expense. The City may use the proceeds of the PEG Fee to pay such
construction or PEG equipment and transmission costs.
4. PEG Technical Quality.
(a) The PEG Channels shall meet FCC technical standards including those applicable
to the carriage of PEG Channels, provided, however, that the Grantee is not responsible
for the production quality of PEG programming provided to the Demarcation Point.
(b) Upon request, throughout the term of the Franchise, Grantee shall provide
updated contact information for a local technical representative, who shall be available to
the City for consultation on technical matters as the need may arise. This technical
representative shall be accessed through a direct telephone number available to the City
(as opposed to a general public number). The Grantee shall not impose any unreasonable
fees or charges to the City for this technical consultation. If such consultation is
insufficient to diagnose the matter in question, within twenty-four (24) hours of a written
32
request from City to the Grantee identifying a technical problem with a PEG Channel
signal and requesting assistance, Grantee will provide, free of charge to City, diagnostic
services to determine whether or not a problem with a PEG signal is the result of matters
for which Grantee is responsible) and if so, Grantee will take prompt corrective action,
free of charge to City, subject to the limitations on Grantee’s responsibilities outlined
herein. If the problem persists and there is a reasonable dispute about the cause, then the
parties shall meet with engineering representation from Grantee and the City in order to
mutually determine the course of action to remedy the problem. Nothing herein shall be
construed to obligate Grantee to correct problems or take any other action caused by
City’s signal, City’s network or internal wiring, City’s equipment, PEG access program
content or other issues within City’s reasonable control.
(c) Grantee shall comply with applicable law regarding the carriage of PEG
Channels.
5. Channel Guide for PEG Channels. Grantee shall make its programming guide vendor
available to the Commission, at the Commission’s cost, to incorporate programming
information about the Commission’s PEG Channels in such guide.
6. PEG Financial Support.
(a) Grantee and any Additional Providers shall collectively remit a maximum of One
Million Three Hundred Thousand Dollars ($1,300,000.00) to the Commission during the
Initial Term of the Franchise for capital support of PEG (the “PEG Payment”) pursuant to
Section 6(b) of this Exhibit B. If the aggregate amount of the PEG Fees (defined below)
remitted by Grantee and any Additional Providers to the Commission (“Aggregate PEG
Fees”) collectively reaches the maximum PEG Payment of One Million Three Hundred
Thousand Dollars ($1,300,000.00) during the Initial Term of the Franchise, Grantee shall
no longer be under any obligation to collect and remit the PEG Fees.
(b) Grantee shall collect a PEG fee of seventy-five cents ($0.75) per Subscriber per
month (the “PEG Fee”) commencing no later than sixty (60) days after the Effective
Date. Thereafter, the Grantee and the Commission shall review the PEG Fee during the
sixth year of the Initial Term and shall adjust the PEG Fee up or down based on the
number of Subscribers and the Aggregate PEG Fees collected as of June 30, 2023 with
the goal of reaching the PEG Payment amount (“Adjusted PEG Fee”); provided,
however, that Grantee and any Additional Providers shall be under no obligation to pay
more than the Adjusted PEG Fee collected through the remainder of the Initial Term.
Any increase or decrease of the PEG Fee shall be effective as of January 1, 2024 and the
same PEG Fee shall apply to Grantee and all Additional Providers. For purposes of this
PEG Fee, “Subscriber” shall not include any Person who receives Cable Service on a
complimentary basis or otherwise does not pay for the Cable Service.
(c) The City shall provide Grantee an annual report, on or before October 1 of each
year (excluding Subscriber numbers) indicating the total amount of the PEG Payment
received by City from Grantee and any Additional Providers through June 30 of that year.
(d) Grantee shall remit the amounts collected from PEG Fees quarterly to the City,
not later than forty-five (45) Days following the end of a given quarter.
(e) The Cities shall use the proceeds of the PEG Payment only for capital support for
PEG. In the event any amount of the PEG Payment is not used to support PEG capital,
that amount may be offset against the Franchise Fee in accordance with applicable law.
33
7. Level Terms.
If any franchise or authorization with an Additional Provider(s) requires such Provider(s)
to collect a PEG Payment or PEG Fee that is less than that required in Section 6(a) and
6(b) above, Grantee may reduce its PEG Payment or PEG Fee to an amount equivalent to
the PEG Payment or PEG Fee collected by such Additional Provider(s).
34
EXHIBIT C
FRANCHISE FEE PAYMENT WORKSHEET
TRADE SECRET – CONFIDENTIAL
Month/Year Month/Year Month/Year Total
Cable Service Revenue
Installation Charge
Franchise Fee Revenue
Advertising Revenue
Home Shopping Revenue
Other Revenue
Equipment rental
REVENUE
Fee Calculated
Fee Factor: 5%
35
EXHIBIT D
ANNUAL REPORT FOR PUBLIC, EDUCATION AND
GOVERNMENT (PEG) CAPITAL SUPPORT
City of Apple
Valley
DATE OF
REPORT
Equipment
Name/Type
Manufacturer
Name
Model Number
Purpose or
Primary Use of
Equipment
Equipment
Location (full
address, room
number)
Cost $$
In a separate document, describe the (1) Present cable-related needs of the community; (2)
Operational support City provides to operate the PEG Access Channel; (3) Current level of
programming on the PEG Access Channels, indicating how many hours of programming are:
(i) local; (ii) character generated or bulletin board-type programming; or (iii) repeated more
than seven (7) times in a single week (Mon-Sun).
ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions.
CHARTER CABLE PARTNERS, LLC
f/k/a CHARTER COMMUNICATIONS
Dated: , 2018 By:
Its:
Subscribed and sworn to before me this
______ day of _______________, 2018.
________________________________
Notary Public
36
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 119 OF THE APPLE VALLEY CITY
CODE BY GRANTING A FRANCHISE RENEWAL TO CHARTER CABLE
PARTNERS, LLC (F/K/A CHARTER COMMUNICATIONS) TO CONSTRUCT,
OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF APPLE
VALLEY, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM;
AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS
The following is the official summary of Ordinance No. _____ passed by the City Council
of Apple Valley on ____________, 2018:
Chapter 119 of the Apple Valley City Code is being amended by
deleting Sections 119.20 through 119.33 in their entirety regarding
Marcus Cable Partners, L.L.C. expired cable system franchise.
Chapter 119 is also amended by adding Section 119.20 that grants a
franchise renewal to Charter Cable Partners, LLC, (f/k/a Charter
Communications), sets forth conditions that accompany the grant of
a franchise and sets forth regulations of and penalties for the
provisions outlined in the franchise.
A printed copy of the ordinance is available for inspection by any person during regular
office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street
W., Apple Valley, Minnesota 55124.
1
Kennedy 470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
&
Graven Robert J.V. Vose
(612) 337-9275 telephone
(612) 337-9310 fax
rvose@kennedy-graven.com
C H A R T E R E D
MEMORANDUM
DATE: May 11, 2018
TO: Apple Valley, Farmington, Rosemount Cable Commission
FROM: Bob Vose, Commission counsel
RE: Charter Franchise Renewal
Background
In 2011, Charter Cable Partners, LLC (“Charter”) requested that the cities of Apple Valley,
Farmington and Rosemount renew its cable franchises. Previously, the cities had formed the
cable commission (“Commission”) to jointly administer their franchises, which were originally
set to expire in mid-2014, and provide community programming (“PEG”).
As contemplated by the federal law governing cable franchise renewals, the Commission
conducted an assessment of the communities’ cable-related needs and interests. In early 2014, a
report identifying such interests along certain past performance or non-compliance concerns was
finalized. The Commission provided the report to Charter along with a draft franchise, and the
parties agreed to negotiate the renewal(s) via the “informal process” under federal law.
Shortly thereafter, Charter requested approval to convert the PEG channels from analog to digital
and renumber them. The cities conditionally approved this request. In conjunction with this
conversion, Charter elected to begin encrypting its basic service tier requiring the use of
converter boxes. Under the franchises, certain public institutional sites in the cities are entitled
to free cable service. Those institutions had to begin using converter boxes. A legal
disagreement arose when, without agreement, Charter began charging the cities (or their
institutions) for such converter boxes. This dispute is unresolved, but Charter has annually
“written-off” unpaid converter charges and will write-off any remaining unpaid charges thru the
date of the renewals.
In 2014, the Commission also audited Charter’s franchise fee and PEG fee payments and
identified several miscalculations or underpayments. Charter disputed these findings but
negotiated a settlement that provided consideration to the Commission and its members to
resolve the matter.
Further, in August 2014, Charter announced plans to restructure the corporate parent company
requiring the cities’ approval under the franchises. In December 2014, the cities adopted
2
resolutions conditionally approving this restructuring.1 In conjunction with these approvals, the
franchises were extended thru the end of 2015.
In mid-2015, franchise renewal negotiations began in earnest. Because 18 months had passed,
the needs assessment report was updated to incorporate the conditions of the PEG channel
relocation, the settlement of the audit, and the terms of the resolutions approving Charter’s
restructuring. The Commission also found Charter’s communications regarding these matters to
be problematic and indicated that this issue should be addressed in the renewal.2
The franchises expired at the end of 2015. However, Charter took the position that its franchises
were extended by operation of federal law until completion of the renewal process. Accordingly,
Charter confirmed in writing that it would continue to operate under the franchises until the
completion of the renewal.
In early 2016, the negotiations were again delayed when Frontier began seeking competitive
cable franchises from the member cities. Charter participated in the resulting competitive
franchising process and raised legal and policy concerns regarding the franchising of Frontier.
The member cities issued competitive franchises to Frontier in late 2016.
Renewal negotiations with Charter were completed between 2017 and the present. This memo
compares the results of our negotiations against the needs assessment report.
Needs Assessment Report
The needs assessment report identified cable-related interests in two areas: PEG programming
and; other franchise terms. The report’s conclusions and a brief description of the results of our
negotiations on each issue follow:
PEG Channels and Support
• Maintain the PEG channels in their existing locations (10, 12, 16, and 22).
• Maintain the requirement for five channels for PEG access and community programming.
Result- As part of the digital conversion, the cities approved relocation of PEG
programming to channel #s 180, 184, 187, and 189. We have since negotiated an
arrangement whereby channel 180 will air each member city’s government programming
within that city; i.e. each city’s government programing will be “narrowcast.” In turn,
channel 189 will narrowcast ISD 192 programming in Farmington, and ISD 196
programming in Apple Valley and Rosemount, while channel 187 will air Commission-
produced programming and any public access programming. Finally, Charter will
continue to carry Regional Channel 6 as required by law.
1 After these approvals were granted, Charter announced that the restructuring would not be completed.
2 In particular, Charter’s lack of communication about the institution of charges for converters needed to receive free
service at institutions associated with the company’s digital conversion and debate over the Commission’s fee audit
caused conflicts that bled into the franchise renewal negotiations.
3
This arrangement results in a net increase in the capacity available to provide discrete
channels of public, educational and governmental programming to intended audiences.
• Ensure that the Commission maintains the equivalent bandwidth currently allocated to it
(5 PEG channels at 6 MHz each) or receives adequate compensation if the Commission
chooses to use less than the 30 MHz provided by the current franchise.
Result- The prior allocation of 30 MHz of channel capacity to the Commission and its
members was used as leverage in renewal negotiations. This allowed negotiation of the
beneficial arrangement described above.
• Maintain PEG channels on the lowest tier of service.
Result- The franchises will provide: “All Subscribers who receive all or any part of the total
services offered on the System shall receive such [PEG] Channels at no additional service
charge.”
• Provide PEG channels in a SD format that is non-discriminatory and consistent with the
digital quality and capabilities provided to broadcast channels.
Result- As noted above, all customers, including those that do not subscribe to an HD tier
of service, will receive the PEG channels without added charge. Any SD-only customers
will receive all PEG channels.
• Simulcast PEG channels in SD and HD to ensure that subscribers who have HD
technology can view PEG programming in the same format.
Result- Government programming will be available in both SD and HD immediately.
School district programming may be made available in HD as soon as the districts are
prepared to provide their programming in HD. Commission-produced programming on
channel 187 must be provided in HD once 90% of Charter’s program offerings are
available in HD.
• Provide PEG programming in a Video on Demand format, consistent with the quality and
usability of Charter’s other offerings of On Demand programming.
Result- Charter has not agreed to Video on Demand. Throughout the Mpls/St. Paul
metro, virtually no franchise renewals have included such a requirement.
• Maintain the connections for the transmission of live and recorded programming from the
city halls of Apple Valley, Farmington, and Rosemount and ISD #192 and ISD #196.
Result- The Commission and member cities will be responsible for transport of
governmental programming to Apple Valley city hall, which is already technically
4
possible and being done. Charter is obligated to provide for the transmission of
programming from that location and the two school district locations.
In addition, the Commission or its members may extend additional two-way connections
from other public institutional sites to permit airing of live PEG programming. The PEG
funding described below may be used to cover any costs associated with establishing
such two-way connections.
• Ensure that the PEG fee is adequate to support PEG needs, including the equipment
upgrade and replacement needs over the term of a renewed franchise.
• Preserve the ability of the Commission to increase the PEG fee throughout the term of the
franchise to ensure PEG funding keeps pace with inflation.
Result- This was one of the most difficult issues to negotiate. The needs report identified
a need for $1.2-$1.4M in PEG funding to meet then-current and expected future PEG
equipment and capital needs. The PEG fee collected by both Charter and its competitors
is currently $.50 per subscriber, per month. The renewed franchises provide for a PEG
fee increase to $.75 with a commitment for such fee to produce $1.3M over the franchise
term. Based on 2015 customer counts a PEG fee of $.75 would produce $1.53M over a
10-year franchise term. The fee will be reviewed in the 6th year of the renewed franchises
and adjusted as necessary to hit the targeted total amount. All franchised cable operators
will collect the same PEG fee.
On behalf of its members, the Commission will prepare an annual report by October 1st
indicating the total amount of the PEG support received from all cable operators. As
required by federal law, PEG fee receipts must be used for PEG capital and equipment.
Other Franchise Provisions
• Maintain many of the provisions of the current franchise including but not limited to
franchise fees, insurance, bonds, and letter of credit.
• Maintain Grantor’s enforcement ability.
Result- The renewed franchises retain all “boilerplate” provisions along with specified
mechanisms to enforce the franchise such as $10k letters of credit allowing imposition of
liquidated damages (penalties) for violations.
We also negotiated language clarifying how revenues from “bundled” services must be
accounted for in calculating the 5% franchise fee, which was retained. Further, the
franchises now provide that franchise fees must be paid quarterly with late payments
subject to interest at the prime rate plus 1%, annually. Finally, Charter must fully
reimburse the Commission if any future audit uncovers an underpayment of 5% or more.
• Maintain the existing requirement for emergency message override of the system to
advise and protect citizens.
Result- The cities fully retain emergency alert override rights.
5
• Maintain requirements regarding customer service.
• Maintain Charter’s local office for the convenience and accessibility of local residents.
Result- All customer service rights provided under the prior franchises are retained.
Charter will continue to be required to provide a conveniently located customer service
office staffed during normal hours. Charter must provide notice to the cities of any
proposed changes to this arrangement.
• Maintain reporting requirements of Grantee including but not limited to financial reports,
technical reports, and customer service-related reports.
Result- All reporting obligations were retained.
• Provide and maintain a high quality, reliable, up-to-date cable system.
Result- The franchises will retain all prior obligations concerning system quality and
maintenance. The franchises will continue to give the cities’ rights to inspect and test the
system as may be deemed necessary.
• Continue to provide drops and complimentary service to existing governmental and
educational facilities. Provide future drops and complimentary cable service under the
same terms and conditions throughout the term of a renewed franchise as facilities are
built or re-located.
Result- As noted above, Charter has addressed all unpaid converter charges by writing off
or agreeing to write off those charges. Going forward, Charter will continue providing
complimentary basic tier cable service to all sites currently served for 1-year. During that
time, the Commission staff will work with both Charter and Frontier to evenly distribute
the obligation to provide free service so that each company serves half of the sites.
Charter will provide 1 cable box per site free of charge, with standard charges for
additional boxes (currently $7 per mos.). Charter will not be required to extend free
cable service to new sites.
Competition and Level Playing Field Language
Although not addressed in the needs assessment report, Charter sought franchise language
requiring that its obligations and treatment be equivalent to the obligations imposed on Frontier
and any other cable competitors.
Response- We negotiated mutually acceptable language addressing this concern.
6
Conclusion
Negotiation of this franchise renewal took more than 4 years due to the complications described
above. In negotiations, normally neither party obtains all of its goals. Here, however, the
Commission has negotiated a franchise renewal arrangement that addresses all significant issues
and meets most of the goals identified in the needs assessment report. As such, the Commission
recommends that its member cities approve and adopt the franchise(s) that have been negotiated.
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. _____
WHEREAS, the City of Apple Valley, acting by the City Council, has adopted a lengthy
ordinance granting a cable franchise to Charter Cable Partners, LLC (F/K/A Charter
Communications) to construct, operate and maintain a cable television system in the City; and
WHEREAS, as authorized by Minnesota Statutes, Section 412.191, subd. 4, the City
Council has determined that publication of the title and summary of the ordinance will clearly
inform the public of the intent and effect of the ordinance; and
WHEREAS, a printed copy of the ordinance and a copy of the entire text of the ordinance
is available for inspection during regular office hours at the office of the city clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the
following summary of the ordinance is approved for summary publication:
CITY OF APPLE VALLEY.
ORDINANCE NO. ____
AN ORDINANCE AMENDING CHAPTER 119 OF THE APPLE VALLEY CITY
CODE BY GRANTING A FRANCHISE RENEWAL TO CHARTER CABLE
PARTNERS, LLC (F/K/A CHARTER COMMUNICATIONS) TO CONSTRUCT,
OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF APPLE
VALLEY, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM;
AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS
The following is the official summary of Ordinance No. _____ passed by the City Council
of Apple Valley on ____________, 2018:
Chapter 119 of the Apple Valley City Code is being amended by
deleting Sections 119.20 through 119.33 in their entirety regarding
Marcus Cable Partners, L.L.C. expired cable system franchise.
Chapter 119 is also amended by adding Section 119.20 that grants a
franchise renewal to Charter Cable Partners, LLC, (f/k/a Charter
Communications), sets forth conditions that accompany the grant of
a franchise and sets forth regulations of and penalties for the
provisions outlined in the franchise.
A printed copy of the ordinance is available for inspection by any person during regular
office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street
W., Apple Valley, Minnesota 55124.
ADOPTED this 14th day of June, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela Gackstetter, City Clerk
I T E M: 7.
C OUNC I L ME E T I NG D AT E:J une 14, 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./J une 11 6:00-8:00 p.m.14757 Energy Way T he Open Door Food Distribution
Center Open House
T hur./J une 14 5:30 p.m.Municipal C enter Informal C ity Council Meeting
T hur./J une 14 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting *
Fri./J une 15 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park Concert Series
Tue./J une 19 4:00-8:00 p.m.Minnesota Zoo T hink Night at the Zoo
J une 20-22 St. C loud, MN League of Minnesota C ities
Annual Conference
Wed./J une 20 7:00 p.m.Municipal C enter Planning C ommission Meeting
Fri./J une 22 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park Concert Series
Tue./J une 26 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee
Meeting
Wed./J une 27 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
T hur./J une 28 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting *
Fri./J une 29 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park Concert Series
Sun./J uly 1 6:00-7:30 p.m.J ohnny Cake Ridge
Park Freedom Days Music in the Park
Wed./J uly 4 C ity Offices C losed Independence Day
Wed./J uly 4 1:00 p.m.Pennock & Fireside Freedom Days Parade
Wed./J uly 4 10:00 p.m.J ohnny Cake Ridge
Park - East Freedom Days Fireworks Display
Fri./J uly 6 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park Concert Series
Wed./J uly 11 7:00 p.m.Municipal C enter
Traffic Safety Advisory Committee
Meeting
T hur./J uly 12 5:30 p.m.Municipal C enter Informal C ity Council Meeting
T hur./J uly 12 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting *
Fri./J uly 13 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park Concert Series
B AC K G RO UND:
Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social
Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social
gathering. Only at events marked with an asterisk will any action of the Council take place.
B UD G E T IM PAC T:
N/A