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HomeMy WebLinkAbout06/28/2018 Meeting M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 June 28, 2018 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 J une 14, 2018, Regular Meeting B.Authorize Issuance of 1 to 4 Day Temporary On-Sale Liquor License for Augustana Care Apple Valley Villa, 14610 Garrett Avenue on August 9, 2018 C .Authorize Issuance of 1 to 4 Day Temporary On-Sale Liquor License for H.O.O.A.H. (Helping Out Our American Heroes), Inc., in Parking Lot at Bogarts/Apple Place Bowl, 14917 Garrett Avenue on J uly 28, 2018 D.Adopt Resolution Designating Additional Depositories and Financial Security Dealers for City Funds in 2018 E.Adopt Resolution of Support for 2018 Regional Solicitation Grant Applications F.Adopt Resolution Approving the 2018-2022 C apital Improvements Program G.Adopt Resolution Amending the 2018 Fee Schedule H.Receive Telecommunications Advisory C ommittee 2017 Annual Report I.Adopt Resolution Appointing J udges for August 14, 2018, State Primary Election J .2020 Census 1. Authorize Staff to Send U.S. Census Bureau a C ommitment Letter Establishing a C omplete C ount C ommittee 2. Direct Urban Affairs Advisory Committee as Designated 2020 Census C omplete C ount C ommittee K.Adopt Resolution Accepting Reimbursement from Nelson Auto C enter L.Approve Release of Various Financial Guarantees M.Adopt Resolution Approving Amending C onditional Use Permit No. 1992-278 for Major Anchor Signs at Apple Valley Square N.Bigos Nuvelo, 6901 153rd Street W. and 6780 Fortino Street (To be platted as Lot 1, Block 1, and Lot 1, Block 2, Nuvelo) 1. Adopt Resolution C ompleting Vacation of Drainage and Utility Easements 2. Adopt Resolution Approving Final Plat, Development Agreement, and Associated Agreements 3. Adopt Resolution Approving Planned Development Agreement O.Adopt Resolution Approving Lebanon C emetery Final Plat P.Approve Water Quality Improvement Cost Share Program Agreement with Allen F. Tuff and Pamela J o Krause for Raingarden Installation at 14255 Fossil Lane Q.Approve Agreement with Midwest Fence & Mfg. Co. for Project 2018- 141, Backstop Fabric Replacement Fields #6 & #7 at J ohnny Cake Ridge Park West R.Approve Acceptance and Final Payment on Agreement with Pro-Tec Design, Inc., for Municipal Center Security C amera System S.Approve Acceptance and Final Payment on Agreement with Grendahl Mechanical, LLC , for Project 2017-137, C entral Maintenance Facility (C MF) and Police Department Air Handling Unit Upgrades T.Approve Personnel Report U.Approve Claims and Bills 5.Regular Agenda Items A.Firefighter Introduction and Oath of Office B.Appliance Smart Building Addition, 7370 153rd Street West 1. Adopt Resolution Approving Conditional Use Permit for C lass II Restaurant with Drive-T hrough Window Service 2. Adopt Resolution Approving Site Plan/Building Permit Authorization to C onstruct 7,087 Sq. Ft. Addition 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Reminder: C ity Of f ices are closed Wednesday, J uly 4, 2018, in observance of Independence Day 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: 4.A. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A pprove Minutes of J une 14, 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 J une 14, 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 June 14, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 14, 2018, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Hooppaw. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Acting Fire Chief Russell, 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 Bergman, seconded by Hooppaw, approving the agenda for tonight’s meeting, as presented. Ayes - 4 - 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 - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of May 24, 2018, as written. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Rotary Scholarship Foundation, for use on October 13, 2018, at Apple Valley Ford Lincoln, 7200 150th Street W., and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Page 2 MOTION: of Goodwin, seconded by Bergman, authorize acceptance of community grant award, in the amount of $1,500.00 from Walmart Facility #2642 for use by the Fire Department to support the hands-only CPR program. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the 2019 Budget Calendar and setting a special informal City Council meeting, at 5:30 p.m., on August 23, 2018. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-70 adopting and reporting performance measures for 2018. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-71 authorizing City Clerk to appoint Deputy City Clerk’s for 2018 election administration. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-72 establishing parking restrictions and road closures for Freedom Days celebration events. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing temporary parking at Kelley Park for special events, as described in the Police Captain’s memo. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-73 authorizing preparation of a Feasibility Study for Project 2018-106, 147th Street W. and Glazier Avenue Intersection Improvements. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the release of Natural Resources Management Permit financial guarantee for Remington Cove Apartments (Phase 2), as listed in the Natural Resources Coordinator’s memo. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-74 approving an 8-foot variance from the 30-foot rear yard setback on Lot 6, Block 1, Pilot Knob Estates Third Addition (14386 Embry Court) to allow construction of a four-season porch, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-75 approving a 2-foot 6-inch variance reducing the side yard setback from 5 feet to 2 feet 6 inches, and a 5-foot 6-inch variance reducing the rear yard setback from 10 feet to 4 feet 6 inches on an accessory structure for an existing shed on Lot 6, Block 1, Pilot Knob Estates Third Addition (14386 Embry Court), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Page 3 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-76 approving the final plat and Development Agreement for Quarry Ponds Fifth Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-77 approving the Planned Development Agreement for Quarry Ponds Fifth Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-78 awarding the Agreement for Project 2016-138, Signal Modifications at 140th Street and Galaxie Avenue, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of $668,832.50. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-79 accepting easements for Project 2016-138, Signal Modifications at 140th Street and Galaxie Avenue. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-80 awarding the Agreement for Project 2018-110, Lebanon Cemetery Roadway and Infrastructure Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of $373,990.60. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-81 rejecting bids for Project 2018-109, Lebanon Cemetery Boundary Fence, due to bids being higher than estimated costs and not beneficial to the City. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Dakota Communications Center Management Agreement with Dakota County Sheriff’s Office, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for the development of a Master Plan for Kelley Park with Confluence, Inc., in an amount not to exceed $8,500.00, and authorizing the Parks and Recreation Director to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Apple Valley Mobile Command Van with LDV, Inc., in the amount of $260,567.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for 2018 Citizen Assisted Lake Monitoring Program with Metropolitan Council, in the amount of $2,475.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Page 4 MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2018- 129, 2018 Fence & Light Pole Reconditioning Services, with Budget Sandblasting and Painting, Inc., in the amount of $67,278.75, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2018- 148, 2018 Quarry Point Fence Extension, with Dakota Unlimited, Inc., in the amount of $12,168.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the Agreement with Jirik Sod Farms, in the amount of an additional $12,474.00; and accepting Project 2018-127, 2018 Sod Replacement Services, as complete and authorizing final payment in the amount of $25,014.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the Agreement with Avolve Software Corporation, in the amount of an additional $1,344.30, and accepting Building Inspections Plan Review Software as complete and authorizing final payment in the amount of $21,943.24. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Police Lobby Front Desk Remodel as complete and authorizing final payment on the Agreement with Fendler Patterson Construction, Inc., in the amount of $26,748.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated June 14, 2018. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated May 22, 2018, in the amount of $848,789.98; May 23, 2018, in the amount of $2,252,277.93 and June 1, 2018, in the amount of $223,137.24. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA DONATION OF CLOCK TOWER FROM APPLE VALLEY ROTARY Mr. Bernstein introduced this item. Rotarians Mike Garrison and John Dusek presented information regarding the decorative clock tower the Apple Valley Rotary Club would like to donate to the City for installation in Kelley Park. The City will need to construct a base for the clock, provide the electrical service, and install and maintain landscaping. Mayor Hamann-Roland thanked the Rotary for their generous donation and said the proposed clock is a beautiful, artistic piece. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Page 5 Discussion followed. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-82 accepting, with thanks, the donation of a clock tower from the Apple Valley Rotary, for use by the Parks and Recreation Department. Ayes - 4 - Nays - 0. CHARTER CABLE FRANCHISE Mr. Grawe provided background information on franchising. He then summarized the renewal process with Charter Communications and highlighted key elements of the proposed ordinance granting a 10-year franchise renewal to Charter Cable Partners, LLC. Lastly, he explained the rationale behind the new proposed PEG fee. Discussion followed. MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 1046 granting a franchise renewal to Charter Cable Partners, LLC, (f/k/a Charter Communications) to construct, operate, and maintain a cable system. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-83 approving the summary publication of cable Ordinance No. 1046. Ayes - 4 - Nays - 0. Mr. Patrick Haggerty, Charter Communications representative, addressed the Council and thanked Mr. Grawe and Mr. Klausler for their professionalism and transparency during this process. COMMUNICATIONS Mr. Lawell reminded everyone the “Music in Kelley Park” concert series begins this Friday from 6:00 p.m. to 9:00 p.m. CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, seconded by Bergman, 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 - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 7:31 o’clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2018 Page 6 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 28, 2018 S E C T I O N:Consent A genda Description: A uthorize I ssuance of 1 to 4 Day Temporary On-S ale L iquor L icense for Augustana Care A pple Valley Villa, 14610 Garrett Avenue on August 9, 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: Authorize issuance of a 1 to 4 Day Temporary O n-Sale Liquor License for Augustana Care Apple Valley Villa, by Minnesota Alcohol and Gambling Enforcement Division, for use on August 9, 2018, in Fireside Dining Room (5th Floor), located at 14610 Garrett Avenue. S UM M ARY: Augustana Care Apple Valley Villa submitted an application for a 1 to 4 D ay Temporary On-Sale Liquor License. T he application requests intoxicating liquor sales in the Fireside Dining Room (5th Floor), located at 14610 Garrett Avenue, on August 9, 2018. Augustana Care Apple Valley Villa has provided a Certificate of Liability Insurance covering this event. B AC K G RO UND: Temporary O n-Sale Liquor Licenses are issued by the Minnesota Alcohol and Gambling Enforcement Division subject to approval by the City C ouncil. 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 28, 2018 S E C T I O N:Consent A genda Description: A uthorize I ssuance of 1 to 4 Day Temporary On-S ale L iquor L icense for H.O.O.A.H. (Helping Out Our A merican Heroes), I nc., in P arking L ot at B ogarts/A pple P lace B owl, 14917 Garrett Avenue on J uly 28, 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: Authorize issuance of a 1 to 4 Day Temporary On-Sale Liquor License to H.O.O.A.H. (Helping Out Our American Heroes), Inc., by Minnesota A lcohol and G ambling Enforcement Division, for use on J uly 28, 2018, from 3:00 p.m. to midnight, in north parking lot at Bogarts/Apple Place Bowl, located at 14917 Garrett Avenue. S UM M ARY: H.O.O.A.H. (Helping O ut Our American Heroes), Inc., submitted an application for a 1 to 4 Day Temporary On-Sale Liquor License in connection with the Ben Kopp Memorial Ride. T he application requests intoxicating liquor sales in the north parking lot at Bogart’s/Apple Place Bowl, located at 14917 Garrett Avenue on J uly 28, 2018, from 3:00 p.m. to midnight. A sketch showing the location is attached. H.O.O.A.H., Inc., is contracting liquor service with LoKo Bowling, Inc., d/b/a Bogarts/A pple Place Bowl for this event and LoKo Bowling, Inc., has provided a C ertificate of Liability Insurance covering this event. B AC K G RO UND: Temporary O n-Sale Liquor Licenses are issued by the Minnesota Alcohol and Gambling Enforcement Division subject to approval by the City C ouncil. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Background Material I T E M: 4.D. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Designating A dditional Depositories and F inancial Security Dealers for City Funds in 2018 S taff Contact: Ronald Hedberg, F inance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Adopt resolution designating additional depositories and financial security dealers for City funds in 2018. S UM M ARY: Staff is requesting changes to the list of authorized depositories. Two of the changes reflect recent name chame changes to two institutions that are currently in use. T he existing main depository, Anchor Bank, was recently acquired by O ld National Bancorp and operate under the Old National name. T he second name change includes First Resource Bank acquired Eagle Valley Bank in which the C ity currently has a certificate of deposit. T he third requested change is the addition of Moreton C apital Markets for broker services; this change is requested because the broker we used at Wells Fargo Investments moved to Moreton. Staff would like to continue that relationship because of the enhanced reporting that is available through this broker. Any purchases made using this broker would be held in a custodial service trust account with US Bank Trust rather than in a safekeeping account with the brokerage firm. B AC K G RO UND: Each year the C ity C ouncil is asked to designate additional official depositories beyond the designation of the depository for the main account, for the coming year. T he attached resolution includes a list of the firms recommended to be designated as additional depositories. Prior to placing investments with each of the firms it is required that the City obtain a Broker Certification in a form determined by the State Auditor which acknowledges the broker’s receipt of the City’s investment policy and includes a provision that all future investments are to be made in accordance with Minnesota Statutes. If the investments are considered bank deposits (Certificates of Deposit, Savings and or C hecking accounts) collateral shall be pledged by the institution for any amounts exceeding FD IC insurance Coverage. 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 DESIGNATING ADDITIONAL DEPOSITORIES AND FINANCIAL SECURITY DEALERS FOR CITY FUNDS IN 2018 WHEREAS, the City Council, by Resolution No. 2018-3 adopted on the 11th day of January, 2018 designated certain banking, savings and financial institutions as additional official depositories of City funds, and WHEREAS, the City Treasurer has requested the designation of depositories and finance security dealers for City funds in 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley: 1. The following are hereby designated as additional depositories or financial security dealers: A. Wells Fargo Securities, LLC B. Wells Fargo Bank, NA C. Northland Securities, Inc. D. RBC Capital Markets Corporation E. Robert W. Baird & Co. Inc F. Stifel Nicolaus & Co, Inc. G. Moreton Capital Markets, LLC H. U.S. Bank I. U.S. Bankcorp Investments J. First Resource Bank (Formerly Eagle Valley Bank, N.A.) K. Think Mutual Bank L. BMO Harris Bank N.A. M. Old National Bancorp (Formerly Anchor Bank) 2. The permitted municipal deposit may be increased from time to time, subject to collateral and F.D.I.C. Insurance for time deposits exceeding the amount deposited by at least ten percent (10%). 3. For time deposits, the institutions may furnish both collateral and a bond; deliver additional collateral from time to time; withdraw excess collateral; and substitute other collateral from that previously furnished. 4. Each year each investment broker must acknowledge receiving a statement of investment restrictions which shall include a provision that investments are to be made in 2 accordance with Minnesota Statutes governing the investment of public funds. Such statement shall be in a form provided by the State Auditor. 5. The City Treasurer or Asst. Treasurer, together with the Mayor or Acting Mayor, are hereby authorized to invest City funds in said institutions and in such other government securities as permitted by law. ADOPTED this 28th day of June, 2018. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: __________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.E. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution of Support for 2018 Regional S olicitation Grant A pplications 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: Adopt resolution of support for the 2018 Regional Solicitation G rant applications with the Met Council. S UM M ARY: Every two years, the Regional Solicitation process allocates federal transportation funds to locally-initiated projects to meet regional transportation needs. C ity and County staff have been working closely on determining the various projects within the City of Apple Valley that each of our respective jurisdictions will apply for. A description of each of the proposed projects is listed below along with the agency that will be applying for the grant: 1. Greenleaf Elementary Galaxie Avenue C rossing – T his will be a C ity application for a Safe Routes to School Infrastructure grant. T he project will move and improve the mid- block pedestrian crossing of Galaxie Avenue by installing a HAWK pedestrian- activated signal at the location. 2. McAndrews Road (C S A H 38) Trail – T his will be a C ity application for a multi-use trail along the south side of McAndrews Road from Galaxie Avenue west to Garden View Drive. 3. J ohnny C ake Ridge Road Trail – T his will be a C ity application for a multi-use trail and aesthetic enhancements along the west side of J ohnny C ake Ridge Road within the reconstruct project area from 140th Street north to McA ndrews Road. T he trail will eventually be a regional trail, part of the County’s Greenway system. 4. Red Line BRT Skyway at the 147th Street Station – T his will be a C ity application in the Transit System Modernization category to install a Skyway over C edar Avenue at the 147th Street Station. 5. Red Line BRT Pedestrian Bridge at 140th Street – T his will be a D akota County application for a pedestrian bridge over C edar Avenue on the north side of 140th Street. 6. C SA H 42 G rade Separated C rossing and Trail between Flagstaff Avenue and Pilot Knob Road – T his will be a Dakota County application for a grade separated crossing of C S A H 42 between Flagstaff Avenue and J ohnny C ake Ridge Road along with a trail on the south side of C SA H 42 between Flagstaff Avenue and Pilot Knob Road. One of the requirements for each of the applications is that a Letter of Support is included from the governing jurisdiction where the project is located. Staff is requesting that C ouncil authorize the Public Works Director to sign letters of support for each of the above project applications. B AC K G RO UND: As the region’s federally-designated Metropolitan Planning Organization, the Met C ouncil works with the Transportation Advisory Board (TA B) to review and allocate Federal funds, using an objective, data-driven, transparent process. T he Regional Solicitation is a key aspect of how the region prioritizes and funds investments for roads, bridges, transit, bicycle and pedestrian needs. Investments can be for existing infrastructure or new improvements. T he solicitation typically occurs once every two years and awards approximately $180 million in federal funds. Rules and requirements are established by the U.S. D epartment of Transportation and the regional TA B. T he grants can cover up to 80% of the construction cost and so require a 20% match. B UD G E T I M PAC T: Each of the project applications, except for the McAndrews Trail and C SA H 42 Trail, are included in the draft 2018-2022 C IP (C apital Improvement Plan) that C ouncil has reviewed. T he McAndrews Trail and C S A H 42 Trail projects would follow the C ounty’s funding policy (55%/45%) for the non-grant funded portion of the projects. AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018-__ APPROVE RESOLUTION OF SUPPORT FOR 2018 REGIONAL SOLICITATION GRANT APPLICATIONS WHEREAS, every two years, the Regional Solicitation process allocates federal transportation funds to locally-initiated projects to meet regional transportation needs; and WHEREAS, City and County staff have been working closely on determining the various projects within the City of Apple Valley; and WHEREAS, one of the requirements for each of the applications is that a Letter of Support be included from the governing jurisdiction where the project is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the Public Works Director is authorized to sign Letters of Support for each of the following project applications: 1. Greenleaf Elementary Galaxie Avenue HAWK Signal Crossing 2. McAndrews Road (CSAH 38) Trail, south side from Galaxie Avenue to Garden View Drive 3. Johnny Cake Ridge Road Trail, west side from 140th Street to McAndrews Road 4. Red Line BRT Skyway at the 147th Street Station 5. Red Line BRT Pedestrian Bridge at 140th Street 6. CSAH 42 Grade Separated Crossing and Trail, south side from Flagstaff Avenue to Pilot Knob ADOPTED this 28th day of June 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.F. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving the 2018-2022 Capital I mprovements P rogram 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: Adopt resolution approving the 2018-2022 C apital Improvements Program. S UM M ARY: T he C IP is a planning document intended to assist policy makers and staff to plan for major capital improvement, renewal, and replacement expenditures. T he C IP lists capital equipment included in the current 2018 budget and forecasted 2019 budget. C apital projects listed in future years are based on departments’ anticipated capital needs for subsequent budget years. As a planning document, the C IP does not bind the C ity to the anticipated expenditures in the projected years. T he C IP is not a budget, nor is it an authorization to expend funds. T he authorization of the expenditures occurs through C ity C ouncil action and in adoption of the annual budget. All scheduled replacements and improvements listed in the C IP are subject to change. B AC K G RO UND: As a planning document, the C IP facilitates two distinct planning purposes. First, the C IP is a tool with which to implement the C ity’s C omprehensive Guide Plan. As the C ity looks at future projects, it is important to make sure that they will appropriately integrate with the Comprehensive Guide Plan. Second, the C IP 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. T he C IP document generally line itemizes outlays which exceed $50,000, but there are a few major exceptions. T he C IP is not intended to be all inclusive of every item categorized as capital outlay in the annual budget, nor is it intended to anticipate the sporadic purchases of very small tools or equipment. Staff believes it is important to list capital equipment that is in need of replacement, even if it does not receive funding in the requested budget year. T his provides the C ouncil will an accurate description of the condition of the C ity’s capital assets. T his process also encourages staff to consider alternate forms of service delivery that do not require significant capital expenditures. T his document was presented to the City Council at informal meeting on J une 14, 2018. Staff recommends that the C ity Council adopt the attached resolution approving the 2018 - 2022 C IP for use as a planning document. B UD G E T I M PAC T: As noted above, the C IP is a planning document, not authorization of expenditures. Projected budgetary impacts are noted below: T he five year window projects $135.6 million in capital expenditures. Of that total, $88.649 million, or 65 percent, relates to street and infrastructure preservation. While there are many projects in different funds included in the C IP that can be found in the attached document, some of the larger proposed projects highlighted for consideration include the following: Various building LED lighting improvement in 2018 at $637,237 Fire Station(s) reconfiguration or addition in 2020 at $5,000,000 Police Department garage at Municipal Center in 2021 at $3,000,000 Finish Municipal Center basement in 2021 at $500,000 Kelley Park development in 2018 at $1,000,000 Park Greenway underpasses in 2018 and 2018 at $600,000 each Sports Arena refrigeration replacement in 2019 at $1,800,000 Water Meter replacement in 2018 and 2018 at $4,000,000 total Longridge/ Harwell area corrosion mitigation in 2019 at $900,000 AT TAC HM E NT S : C I P Resolution CITY OF APPLE VALLEY CAPITAL IMPROVEMENTS PROGRAM 2018-2022 (This Page Intentionally Left Blank) 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 (This Page Intentionally Left Blank) 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 $5,000 in these documents. For use in the CIP, these smaller purchases are subtotaled by department and itemized as a subtotal in the CIP as “minor” equipment or vehicles. As mentioned previously, there are some expenditures found in the CIP that are not classified as capital outlay in the annual budget. Each year, the City spends very significant resources to overlay City streets as part of ongoing street maintenance. As this work is provided by private contractors, the expenditures are classified as a contractual service in the operating budget. Similarly, while computer software is essential to operate the physical hardware assets, the software itself is not considered capital in the budget. As these items are a critical component of the City’s infrastructure and capital assets, the expenditures related to these items are included within the CIP. 2 CITY OF APPLE VALLEY CAPITAL IMPROVEMENTS PROGRAM 2018-2022 Section 1 Summaries 3 (This Page Intentionally Left Blank) 4 City of Apple ValleyCapital Improvements Program 2018-20222018 - 2022 ProjectsAll Funding SourcesFunding Sources 2018 2019 2020 2021 2022 TotalGeneral Fund 4,058,365$ 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 7 (This Page Intentionally Left Blank) 8 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 (This Page Intentionally Left Blank) 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 $101,765 which could be paid off early and save approximately 10,843 in interest charges;Development of Cortland ParkDevelopment of Kelley ParkExtension of sewer services to Johnny Cake Ridge Park East from 142nd St25 Financial Analysis: Park Dedication Fund20182019202020212022Source of FundsDedication Fees received162,000$ 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 (This Page Intentionally Left Blank) 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 (This Page Intentionally Left Blank) 34 CITY OF APPLE VALLEY CAPITAL IMPROVEMENTS PROGRAM 2018-2022 Section 3 5 Year CIP Tables 35 (This Page Intentionally Left Blank) 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 !!!!!!!!!!!!!!!!!!!!!! !H !> !> !>WAYWA Y WA YGANTRYTR RR W A Y BRY DUPONTDUPKWLAKESTONE COBBL ESTONE ALTAR WAY MACPHAIL ELYSIUM AVEDevelopment WAY CREEKEDDY 151st ST W ELY C I R CIREMORYS T WWAYFAIRCHILDDRFAIRFIELD CTEVERGLADEEVERGLADE AVEST WCT AVECT W 157th ST W Cortland Park 159th ST WAVERD WAY EAMES 158th158th ELY P A T H WAYINGTONEDD ENGLISH AVETRCTPOINT FROST POINT WAY BAY ELY AVEEAGLE 152nd RIDGE RDJOHNNY CAKE158th ST W EVERGREENWAY FAIR HILLHARMONY LOWE R WAYWOODELM CREEK153rd ST W 154th ST WEMORY AVERobert L. SPORTS ARENA SENIORCENTER 147th ST WFELTON CTEAGLE BAY DRWAYEAGLE EAGLE BAY 159th ST W W A Y E ALD EVEN ELM C R O FTWAY ELMWOOD LNTrailBarbara EMBLEM WAYCIRSavanick ParkQuarry Point EMBRY PATHST W 158th EMPEROR AVECEDAR33PATH SERVICE RD.DIAMONDEMBRYST. MARY'S RD EASTCHESTERCTGALLERIALNELMHURSTLNELM CREEKCT GARRETT CT W 128th ST PATHGRANADA19. EGRET PLACE 19C T L DRBAY155th ST WPLGALLIVANTN Y B BLE CO T S h t 4 4 1 CT WR LNE P I S Y A W D O O N E W W CT W L 129th APPLE VALLEY 13CEDAR AVE. SA1;x LacLavon ParkSS CTE R P M WA YH ELETV E ICL L CTTR CEI L L PLM U I O D N A ONE T R T LAGS EES D RDN O CTI E COMMUNITYCENTER STATIONPOLICE MUNICIPALCENTERAVET W ODO K C A E ANTORIAE E ONT S C R O E WAYNTM WAYParkKelley 158th ST W 157th ST W WAY CemeteryLebanon 30. GREENLAND AVE CT GRAFTON GOTHAM CT CENTERAQUATIC CENTERTEEN FACILITYMAINTENCENTRALCITY Park Ponds LNX Y R U B N L W O D A E M LNEKYCRELNN O T T U D N L DRAWSTONE TR. Y W K P E K A L Y A W D N E B ST W 147TH UPPEREVEREST AVE . UPPER 147TH ST.EASTDUMONTDRAVEF F A T S T S h t 5 3 1 O G R U D D O O W R T E S R TERCHTRT S E V E W h t ST T C D L I ST O N N R E T CT E V A T E L M A H CT W H A E W Y A Y E H S R E H E G A T I R E H O N I M O L A P 36. LOWER 127th ST W 9. DYNASTY WAY 6. DUNHILL LN 3. DUCKTAIL LN2. DUCK CROSSING 1. 140th ST BLVD W 8. DWELLERS WAY 7. DUNRAVEN DR 5. DUNBERRY WAY 4. DUNBERRY CIR 14. EAGLEVIEW WAY 23. GALLUP CT 25. GENESEE CT 35. HICKORY WAY 33. HIBISCUS CT 34. HICKORY CT 32. GULF BREEZE CT 31. GREENTREE CT 29. GRANGER CT 28. GERDINE CT 27. GERANIUM CT 26. GEORGE CT 24. GAVOTTE CT 22. FLAGSTAFF AVE 21. FIRETHORNE PATH 20. EMPIRE CT 18. EDINBOROUGH CIR 17. ECHO RIDGE RD 16. EASTBROOK LN 15. EAGLEWOOD LN 13. EAGLES NEST WAY 11. EAGLE SHORE DR 12. EAGLESTONE RD 10. EAGLE RIDGE RD STREET INDEX Y A W R D O N I M O L A P AVEY E S SUR T SURREY CT ON W O D A E E D D I H S O H S T C A ST SH T N U A CTM O E E S d W ST EVAN W T S W T S t s 1 2 1 N L Y R T N A G T C OaksBriar Park R A G T S h t 6 2 1 E V A E E S S E N E G GALAXIE AVEFROST PATHKelleyFRESC0153rd ST W GALANTE LNFONTANA FORTINO ST GABELLA ST SCHOOL ELEMENTARYSCHOOL CENTERSERVICEISD 196 DAKOTARIDGESCHOOL SCHOOLHIGHEASTVIEW SCHOOL WESTVIEWELEM CEDAR PARK DIAMOND PATHELEMENTARY HIGHLANDELEMENTARY SCOTTHIGHLANDS SOUTHVIEWELEMENTARY VALLEYMIDDLE APPLE VALLEYHIGH SCHOOL GREENLEAFELEMENTARY SCHOOL SCHOOL SCHOOL MIDDLE SCHOOL SCHOOL MIDDLE SCHOOLFALCON RIDGE STUDIESENVIRONMENTALSCHOOL OF Cobblestone Lake Park126th156th Knolls ParkCedar ChaparralPark Park EastCake RidgeJohnny RedwoodPark Middle ParkValley Apple GrovePark DuchessPark ParkNewell ParkPennock Park Apple Longridge WildwoodPark KellerParkField & Erickson Arena Hayes Ridge Park WestJohnny Cake CedarIsle GreeningPark AppleValleyEast Park ParkRegatta Galaxie Farquar Park Delaney Sunset PublicOpen Carrollwood Fred J. 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CT DOVER CT KNOB18 EMMERCURVE E A S T EASTVIEWCTL 131st WAY 131st ST FERNA N D O EVERTONAVEE FARMINGTON137th C T LN FERNWOOD FALLBROOKDREXEL DUNBAR CT 148th PATH WEB O N Y L N DR A K E P A D R U M L I N DULCIMER U 141st ST W ESSEX LNESSEX AVEESSEX CTDUNBAR DREXELU 135th ST W DULUTH CT DRIFTWOODDROMMONDDUBLIN W 138th S T W ELKHART CTEVERGREEN CT CIR W 138th D O Y L E ' S GARNET GATE W A Y W GLE N C O V E T R CT142nd STGRANADA WAYFORDHAMGARRETT LN TR WAY GLENBROOK 292825 26 27 31 GENECT123rGENEVA ENDICOTTEUREKA CT EX C E L S I O R L N GREE NEUROPA WAYLI G H T GRANADA AVECT GEMSTONE DUNBAR BLVDAVEEASTER149th ST EASTER AVEEMBRY P AT H ECHO WAYEMBRY149th ST CT 145th ST W 142nd ST W ELGIN CTAVEELMIRAELMIRA CT142nd CT EMPIRE AVEEMBRY PATH EMBASSY W A Y 144th ST W144th ST WEUROPAEVELETH AVEEXC E L S I O R EXLEY LNEM C T EXLEY EVELETH CTWAY CT 13 9 t h S T EUCLID CT138th ST W 138th S T C T W EVEREST AVE139th ST ST CT W U 136 t h 136th S T DURHAM DUTCHEDGEMONT CV 127th ST WEVERTON AVEER EVELETH 126th ST W EUCLID AVEEV E R E S T A V E E ELL I C E T REVELETH AVEEXLEY AVEST CT W FALCON RIDGEFINCH WA Y FERRISFERNANDOFOLIAGE CTGENEVANERST GARRETT AVEGA R N E R CT W AVEFINDLAY WAYAVECTFLORIDAW 135th ST W CT137thFORDHAMFRANCHISEG A U N T L E T FORDHAMFOLIAGE AV E FLAMINGOFLORAL132nd WAY W CT W CT W134th STE 133rd ST FERNGREENLEAF TR CT 144thGALLERIAPL GARNET AVECTGEORGIACTFAIRLAWNGARDENIAGARRETT AVEPATHGEYSERGLASGOWUPPER WAY GALWAY C T GLAZIER AVEGLAZIER AVEGERMANE AVEAVEGARRETTGARLAN146t h W A Y W UPPER GLAZIER AVE146th GARRETT AVEGRANADA AVEGOOSEBERRY WAY GARRETT PATHGRIFFON PATHHARMONY WAY CT HARWELL HEATHHENNACTHALLMARK WAY NEWELL DR HOOVER LNJONATHAN DR HARALSON DR COOPER LNGOLDING LNPORTER LNBALDWIN DR CORTLAND DR S CORTLAND DR G R E E N I N G D RLNO R I O L E D RKENTLINDENHARRINGTONPINEWOOD DREDGEWOOD LNCT W 142nd141st CTHANOVER PATH HU R O N C T 137th HENNAAVE135th ST W GU 133rd S T ST WCTHARMONY WAYLOWER 139th CT WPENNOCKGROTHEGUILD G U R N E Y P A T H PATH HARWELLCT CIRHANNIBALHAVELOCK TRGOSSAMER WAYGRANADA AVECTGREENWICHG L E N H A V E N 131 s t HAMBURG CT 133rd 132nd HANNOVER HERALD CIR CT129thST WHONI TRW 128th ST SABRA CTBE CIMARRBUTTEAVE A GRANDVIEWFRESNO AVE120th ST W DORY AVEDENMARK AVEDRIFTWOOD PLDODRIFTDOVERDOVER DRETHELTON WAYEDENEDINEDINBOROUGH WAYEMMER PL128thCT ECHO LN ELDERBERRY CTELMWOOD CTEMMER PL 137thCIR WDUNBARWAY DULUTH CIR 137th ST W DOMINICA WAY W ELKWOOD CIR DR ELKWOO D ELKW O O D CT CT ELK W O O D D R ELKHART RDESSEX CTEMBER WAY ESSEX TR RDDUL U T H DR TR LNAVEDOMINICADRESDENST 142nd ST DIAMOND PATH CT 141st ST W AVEEUCLIDENSLEY CTEMBASSY AVEEMBRY 143rd ST C TW 144th ST W ELYSCTCORRIGAN149th CT W 148th CT W DENMARKDOMINICACTCTCTCT W149thWA YU 148thDURHAMECHO DRESDENDREXELDRESDEN TR152nd CT WDRESDEN CT 143rd ST W AVECT WCTC T EUROPAC T W 13 0 t h S T EVEREST CT WEVEREST CT EFAIRGREEN AVETR CT129th ST W 135th ST CTFLINT LNCT. W 134thCT CT133rd F O R D H A M A V E AVEFERRISCTFINDLAY CT FERNANDO AVEFAWN RIDGE F LEETWOOD CTFLAGSTAFF AVEFRIDAY LNLN FOXTAILFLAGSTONE FREEPORT TRFRIDLEY WAYFREESIA WAY AVEGAL LERYCTC T W HALLMARKGLEASON PATHGLAZIER AVE 145th CT W 131st CIR W FOLIAGEAVEPL GALAXIEGALA XIE LN 128th AVEGERMANEGARNERCT123rd AVECTCTRD RD CT C I R CIR CIM A R R O N RD CT W HEMLOCK140thCT WAVEGLE N D A CT140thST CT WCTCTHERSHEYAVECTHAYES TRHYLAND AVEHAVELOCKHIGHVIEWDRPAT H BALDWIN WHITNEY DR ROMECTPINEW O O D HOLIDAYAVE HOLLAND HOLLANDST CT W 143rd HOLYO K E CT R E F L CT W136thH O L Y O K E 140 t h ST W HUGHES HOLLINSCTCTHOLIDAYWAYCTPATHHIALHIGHWOOD UPPER ELKWOOD PATHRDBLVDCTDURNINGAVEDIAMONDCAKERDRIDGEJOHNNYAVEAVEFLORALST W CIRGLAZIER CTDRGEORGIAFLAGSTAFF133rdCT WCTHERSHEYCTU NTERSW A Y HUNTERS AVEST W AVEGULLCT137th134thCT HARVESTCTCT 134th 1 3 3 rd 131st CIRDRHUNTERSWAY H BELMONT RD HALLMAR K CTHAVER AVE 138th ST W CTPILOTKNOBRDEVERESTEUROPAAVEJOHNNYCAKERIDGERDESTATESAVEGLE N D A AVEAVEGANNONWAYUPPER CT W UPPER DRST ST W ST157th158thG L A D S T O N E P A T H 155th ST W CT 143rd 143rd 146th AVEGARRETT AVECTUPPER157 thST W STW GARRETT CT CT CT H A Y E S WAY CT CTST C I R CI R CIR WALNUT LN LINDEN DRSPRUCEDRCIRP ARK LNHAYESCTWAY PENNOCKCTHANOVER H AV EN DRPL DRELMCIR 145th 142nd UPPER GUTHRIEAVEWAYLN CIR DRR E D W O O D HIGHVIEW DR HIGHVIEW LN CIR DR 157th 159thST CT W RD139th CT W CT W GRANADAFOX RD. STF FRFRISIAN LNWAY DRFOSW 145th ST W FLUTEFLO T I L L A FLE E T T R F LO A T FLORET FLOATLNFLATFISHFLAN CTLNWAYTR FLUTE WAYWAY C T L AVEFLACKWOODU FJORDFINCH LNFIRTREELNWAYFINESSEWAYFJORDWAYTRTRFLACKWOODW A YW FLFJORD AVEFIRTREE DRD R ST W GLADIOLA CTGUTHRIE AVEL GUTHRIE WHITNEY DR DUTCHMANCTRI D G E V I EW 157th ST W NO. 1 FIRESTA FIRESTANO. 3 FIRESTANO. 2 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 59 (This Page Intentionally Left Blank) 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 [Type text] CITY OF APPLE VALLEY RESOLUTION NO. 2018 - ____ APPROVAL OF THE 2018 – 2022 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, the City of Apple Valley has a Capital Improvements Program (CIP); and WHEREAS, the CIP is a tool that assists policy makers and staff to plan for major capital improvements, including renewals, and replacements; and WHEREAS, the CIP identifies contemplated capital assets based on City departments’ anticipated capital needs; and WHEREAS, the CIP is not a budget document, and the actual authorization of expenditures for capital improvements occurs through Council action and adoption of the annual budget; and WHEREAS, the 2018 – 2022 CIP reflects identified expenditures as they were anticipated and approved in the 2018 budget and provides direction to staff on the development of the 2019 budget; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the 2018 – 2022 Capital Improvements Program is hereby adopted. ADOPTED this 28th day of June, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela Gackstetter, City Clerk I T E M: 4.G. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A mending the 2018 Fee S chedule 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: Adopt the resolution amending the 2018 Fee Schedule. S UM M ARY: From time-to-time new processes or procedures for the way C ity business is conducted requires new or revised fees based on the type of work process that is adjusted. T here are a number of new processes that staff plans to implement which will necessitate an amendment to the current 2018 City Fee Schedule. T hese are described below: Water Meter Related F ees - 1. Initial Non-C ompliance Meter Data Transmitter fee ($100.00) – Non-refundable fee charged to cover staff time to process each non-compliance application request with the new in-home water meter data transmitter (radio). 2. Manual Meter Reading fee ($75.00) – Fee charged to cover staff time of manually reading a water meter in the field. 3. External Meter Data Transmitter install fee ($100.00) – One-time fee to cover staff time of installing a water meter data transmitter (radio) on the exterior of the property. 4. Irrigation Meter D ata Transmitter Reconnect fee ($50.00 plus materials) – Fee to cover staff time (and materials, when applicable) to reconnect meter data transmitter to water meter for outdoor irrigation meter installations. Small Cell Application F ee ($780.00) – Fee based on the recent small cell ordinance approved by the City C ouncil in February 2018, which is to cover staff costs in reviewing and implementing a permit for placement of new small cell structures in City right-of-way or placement on an existing C ity structure. Temporary Sign, E xisting Sign Re-facing, and Outdoor P romotion permits ($5.00) - Previously these permits were all free but required that the applicant either mail the permit in or visit the Planning counter at the Municipal C enter. To better serve the business community, permits are now able to be applied for and issued digitally but require some form of payment to be processed. A $5.00 fee is proposed to cover the costs of processing the permit. Staff desires to keep the fee as low as possible to allow for a business-friendly process. Cable P E G F ee ($0.75/month) - T he C ity C ouncil recently adopted an ordinance renewing the cable franchise agreement with C harter Communications. T hat ordinance increased the PEG fee to $.75 per month. P olice E xtra Duty P ay Rate ($78.00/hour) - T he Police Department is recommending the Police extra-duty pay rate is 1.5 times a top patrol officer's pay rate (without stipend) plus City administrative costs, with a four-hour minimum, effective December 1, 2018. B AC K G RO UND: Water Meter Fees On April 26, 2018, the C ity C ouncil adopted a resolution approving changes to the Public Works Department Policy Manual by revising Section 2.04 Water Meter Installation and Repair Policy which sites the above water meter related fees. Irrigation meters installed in outdoor settings require the water meter to be removed in the fall and reinstalled in the spring to avoid freezing and damaging the meter. Frequently the meter is not reinstalled correctly to the meter data transmitter. A dditional staff time and materials are required to reconnect the data transmitter to the water meter so it can be read with the automated reading system. Small C ell Fee On February 8, 2018, the C ity C ouncil approved an ordinance amendment to C hapter 97 regulating small wireless facilities in the public right-of-way. Cable PEG Fee On J une 14, 2018, the C ity C ouncil adopted ordinance 1046 renewing the cable franchise agreement with Charter Communications. Police Extra-Duty Pay Rate T he Police Department Rules C hapter 5.14.04(b) states the extra-duty pay rate the City charges shall be evaluated on a regular basis and adjusted as needed. Over the past several years, the Police Department has experienced difficulties filling all of the off-duty requests. It is believed the current pay rate is a contributing factor. T he C ities of Burnsville, Lakeville, Eagan, and Rosemount charge an hourly rate of $90.00, $85,00, $75.86, and $74.00, respectively, with officers getting 1.5 times their regular rate of pay. Apple Valley currently charges $65.00/hour and the officer gets $52.00/hour with a 4-hour minimum. B UD G E T I M PAC T: Each fee is set at a rate to recover staff costs necessary to provide the service. AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018-__ APPROVING AMENDMENT TO THE 2018 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reeimbursement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the fees listed below shall be effective immediately: 1. Initial Non-Compliance Meter Data Transmitter Fee: $100.00 2. Manual Meter Reading Fee: $75.00 3. External Meter Data Transmitter Install Fee: $100.00 4. Irrigation Meter Data Transmitter Reconnect Fee (plus materials): $50.00 5. Small Cell Application Fee: $780.00 6. Temporary Sign Permit Fee: $5.00 7. Re-face Existing Sign Fee: $5.00 8. Outdoor Promotion Permit Fee: $5.00 9. Cable: PEG Fee: $.75 per month BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the fee listed below shall be effective December 1, 2018: 1. Police Extra-Duty Pay Rate (minimum 4 hour charge): $78.00 per hour ADOPTED this 28th 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 28, 2018 S E C T I O N:Consent A genda Description: Receive Telecommunications A dvisory Committee 2017 A nnual Report 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: Receive the Telecommunications Advisory C ommittee 2017 Annual Report. S UM M ARY: Attached for your receipt is a copy of the 2017 Annual Telecommunications Advisory Committee Report for the City of Apple Valley. B AC K G RO UND: T he report was approved by the Telecommunications Advisory Committee on J une 4, 2018. T he report outlines activities and accomplishments of the C ommittee for the previous year. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Memo City of MEMO Administration TO: Mayor, City Council, and City Administrator FROM: Telecommunications Advisory Committee DATE: June 4, 2018 SUBJECT: 2017 ACCOMPLISHMENTS The Telecommunications Advisory Committee held three meetings in 2017. The members of the Committee in 2017 were: Rollin Bible, Jerry Brown, David Cherner, Mark Moore, and Dale Rodell. Jerry Brown served as Chair and Mark Moore served as Secretary. During the summer, Mr. Moore passed and his seat was vacant for the remainder of the year. Major accomplishments and/or undertakings by the Telecommunications Advisory Committee during 2016 include: • Year Five of Cable Franchise Renewal Process: The City completed its portion of the work with the renewal of the franchise agreement with Charter Communications. The existing agreement took effect in 1999 and has a term of 15 years. Typically, the franchise renewal process takes three years. However, this process has been extended. The City used the legal services of Mr. Bob Vose of the firm Kennedy and Graven. The City is working jointly in the renewal process with the Cities of Farmington and Rosemount. While each city will have its own franchise ordinance, the language will be virtually identical in each, allowing for more efficient joint administration of the three franchises and cohesive partnership in the cable commission. In December, the Committee recommended approval of a franchise subject to a few minor revisions being worked out by the attorney. That proposed language was making its way through the Charter corporate approval process in early 2018. Once the proposal has been approved by Charter, it will be forwarded to the City Council for action. • Frontier Communications Competitive Franchise: Frontier Communications applied for a competitive cable franchise in 2016. While traditional cable service would require a competitor to “overbuild” the city with a new network, Frontier proposed to use new technology that allows them to provide cable service over their existing telephone system. Frontier shared a map of its progress in the fall of 2017. • Participation in State-wide Cable Administration Association: The Committee continued its participation in the Minnesota Association of Community Telecommunications Administrators (MACTA). The Committee also monitored events pertaining to municipal wireless and broadband service provision. • Participation in Joint Powers Cable Commission: The City of Apple Valley also participated in a joint powers agreement with the Cities of Farmington and Rosemount to provide for certain cable television services. The group approved an operating budget for 2018. • Review of Cable-related Complaints. The Committee reviewed cable complaints received by Commission staff. The number of complaints in recent years has been historically low and most pertain to unburied service drops or billing issues. • Franchise Fee and PEG Fee Review: Pursuant to both franchise agreements, the cable company is obligated to pay the City an annual franchise fee equivalent to 5% of their annual gross revenues. Under both agreements, the Cable Company is required to make quarterly franchise fee payments, rather than annual payments. The total quarterly payments were as follows: Quarter Franchise Fees PEG Fees First Quarter 2017 $162,150.99 $15,429.50 Second Quarter 2017 $163,594.68 $15,375.50 Third Quarter 2017 $163,611.28 $15,233.00 Fourth Quarter 2017 $162,117.43 $15,186.00 Total $651,474.38 $61,224.00 The franchise fee for 2017 totaled $651,474.38, down from $672,591.86 in 2016. Quarter Franchise Fees PEG Fees First Quarter 2016 $161,974.73 $15,126.00 Second Quarter 2016 $164,121.99 $15,114.50 Third Quarter 2016 $163,962.49 $15,270.50 Fourth Quarter 2016 $182,532.65 $15,470.50 Total $672,591.86 $60,981.50 Pursuant to the franchise agreements, the Cable Company is obligated to collect a PEG fee for the City. Per the current franchise agreement, the City’s PEG fee is $.50 per subscriber. The City received PEG fees in the amount of $61,224.00 for 2017. The PEG fee revenue for 2016 was $60,981.50, as shown above. The PEG fee revenues implies that cable subscribers are holding steady. The PEG fee revenues are used to finance the City’s capital needs and can’t be used for non-capital operational expenses under the new franchise. • Capital Equipment Planning and Acquisition: The cable commission upgraded its “field cameras” and editing equipment used for production of television shows in 2017. • Cable-cast of Public Meetings: Cable-casting of City Council and Planning Commission meetings continued in 2017. In addition, City of Farmington and Rosemount City Council and Planning Commission meetings and Dakota County Board meetings were also televised. • Government Access Programming: Government Access Channel 180 (formerly 16) continued to provide government access for the joint powers commission established by the Cities of Apple Valley, Farmington, and Rosemount. Programming and bulletin board materials were added for the other cities. Once the new franchise is approved, each City will be narrow-casting its own information to its own residents and the channel will exclusively have Apple Valley content for Apple Valley residents. In 2017, cable commission staff switched video formats from the traditional 30 minute shows to short 2 to 3 minute segments better designed for cross promotion on websites and social media. Public reaction to the shorter video format has been positive and City staff finds production of the shorter segments to be more manageable within their schedules. The City also used City and Commission staff to produce a video of the State of the City address. The City continued to cable-cast live Planning Commission and City Council meetings. These meetings were recable-cast periodically. • Public Access Television: Under the new franchise agreement, Charter Communications is no longer required to provide the same public access television opportunities provided in the past. In 2010, Charter transferred this responsibility to the Cities in the joint powers commission. The cities provided video bulletin board messages on the channel, but not program playback. • Joint Powers Commission Summary: Since its inception, the Commission has provided staffing and support services to the Cities of Apple Valley, Farmington, and Rosemount. During 2017, the three cities created a new joint program production model, in which the shows produced by the Commission staff create shorter video segments targeted at specific issues within the individual cities. The Telecommunications Advisory Committee welcomes direction from the City Council as well as any recommendations, questions, or concerns. I T E M: 4.I . C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A ppointing J udges for A ugust 14, 2018, State Primary Election 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 appointing individuals listed in the resolution to serve as judges for the Primary Election to be held on August 14, 2018. S UM M ARY: Attached for your consideration is a resolution appointing judges for the Primary Election to be held August 14, 2018. T he individuals listed in the resolution have indicated their willingness to serve at the upcoming election. In order to serve as a judge, the law requires regular judges to complete a minimum of two hours of training, head election judges to complete a minimum of three hours training, and election judges serving on the Absentee Ballot Board to complete training regarding the handling and processing of absentee ballots. T he judge training will be completed over the next two 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 : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018-__ CITY OF APPLE VALLEY JUDGES APPOINTED FOR THE 2018 PRIMARY ELECTION PRECINCT 1 Redwood Community Center - 311 County Road 42 Rae Konkol PM Larissa Fisher Kristen Moyer AM Christine Konakowitz * Anthony Nelson Richard Russell PM * Charles Quinn Elizabeth Sullivan Theresa Shepherd AM Deborah Davis PM Judy Jackson AM PRECINCT 2 Apple Valley Senior Center - 14601 Hayes Road Kathleen Colbert PM Muriel Gilbertson PM Cathleen Gempeler PM * Lori Gluck Pamela Lindseth AM Kevin Lay AM Michael Moore AM * Steve Raines Jill Niess Jim Rextraw PM Lynne Beck AM * Shannan Menya PRECINCT 3 Westview Elementary School - 225 Garden View Drive Matthew Bellin AM * Paul Bergevin William Franke PM * Mark Determan Adam Johnson PM Corinne Johnson Joseph Krohn AM Cheryl Rextraw SS Tracy Pederson PM Cathy Reichert Jamie Krumrich PM Ron Stack AM Patsy Meserow AM PRECINCT 4 Apple Valley Community Center - 14603 Hayes Road * Sieglinde Gassman Terry Hanson AM Pamela Hale AM Sally Kopacek Barbara Jean Johnson AM Alan Marble PM Pam Subject * Monica Nolte-Reed Jane Wiederholt PM Valerie Black PM * Amy Steeves PRECINCT 5A Hope Church - 7477 145th Street W. Patricia Koors * Cindy Andrus Jan Miller AM Dannette Richards * Spencer Reppe Ronald Samuels * Phyllis Rowley Milca Dominguez de Corral Patricia Steigerwald PM PRECINCT 5B Mount Olivet Assembly of God Church - 14201 Cedar Avenue * Karen Brean Sarah Dolejs * Kaare Festvog Penny Ebel AM Christine Friedrich AM Jerry Ewing Bonnie McLellan PM Shelly Sampers PM Debra Wagner PM Jesse Estum AM Fred Holzapfel AM Sandra Lee Porter PM William Spychalla PRECINCT 6 Augustana Care Health and Rehabilitation of Apple Valley - 14650 Garrett Avenue Sharon Bassett PM Susan Pitt Anderson Patricia Briscoe AM * Karen Bromund Leah Franke Mary Ocel Audette Karan PM * Linda Paseka Naomi Owen AM Sheila Schuman Caroline Taylor PRECINCT 7 Judith Bolin AM Charles Funderburk AM Majel Fletty AM Jim Madigan Gail Sater PM * Brian Mahon Jennifer Steen PM Deborah Neff AM Chuck Tindell PM Katherine Schlosser PM * Steven Wilson Clifford Habeck AM Sharon Hanson PM Gwen Torgerson PRECINCT 8 Greenleaf Elementary School - 13333 Galaxie Avenue Tim Burke AM * Anita Burke Cisa Keller PM Delores Denny Judy Madigan * Ian McGregor * Cynthia McDonald Valerie Root PM Lanae Gabert AM Deborah Gonzalez SS Benjamin Lemery PM Judy Storlie PRECINCT 9 Community of Christ Church - 5990 - 134th Street Court Janette Brost Vickie Bjerke AM Robin Gernandt * Ronald Burke Karen Seglem AM Mary Jane Hanson AM Grace Trewick PM Dale Kariya PM Jamison Kortas * Brian Buechele Michael Spear PM PRECINCT 10 South Suburban Evangelical Free Church - 12600 Johnny Cake Ridge Road * Patricia Horne Virgie Jacobson Mary Jo Kelly AM * Mary Anne Lantz Megan Koenen PM Walton Mahlum AM Mary Markes PM Marilyn Schwartz Laura Ochs PM Stephanie Smith AM Dianne Jandt Shepherd of the Valley Lutheran Church - 12650 Johnny Cake Ridge Road PRECINCT 11 ISD 196 District Service Center - 14445 Diamond Path Lynn Filipas Russell Conway PM Janis Hartinger PM Larry Debelak AM * Craig Huber Susan Mitlyng PM * Rae Lynn Zuehlke Stanley Pehling PM Jason Phillips AM Diane Ackert AM Linda Sweitzer AM Martin Peter AM Alva Williamson PM PRECINCT 12 Marilyn Boelke Michael Bowen PM * Monica Long Pauline Dark * Christine Parsons Peggy Markee Carole Smith PM Fayetta Osell AM Cheryl Sidler AM Adam Hoffman Michael McCawley PRECINCT 13 Keith Endreson PM David Gugino * Merton Horne Dawn Iglesia Lillian McCawley PM * Darlene Lemke AM Sandra Scherb AM * Rhonda Tufte Norbert Sletten PM Yadhagiri Vurinka AM Melford Henschel PM Dennis Hoehne AM PRECINCT 14 Apple Valley Municipal Center - 7100 147th Street W. Lawrence Czarnecki PM Linda Blake * Cami Dirnberger Donald Hansen * Michael Leick Francis Kremer Gladys McKnight AM Sharon Nygaard * Michele Mueller Diamond Path Elementary School of International Studies - 14455 Diamond Path Spirit of Life Presbyterian Church - 14401 Pilot Knob Road PRECINCT 15 River Valley Church - 14898 Energy Way Shelley Beaumont * Gregory Hall Ashley Hotchkiss PM Mark Heruth PM Warren Porter AM Katie Jamison PM Mary Lou Quayle Stephen Maytan AM * Tracy Scott Mary Jawish AM * Patricia Kriegl * Denotes Co-Head Judge ABSENTEE BALLOT BOARD AND ELECTION OFFICIALS Val Abbott Charles Grawe Joan Murphy Brandi Aitken Cheryl Groves Missy Nelson Diane Barse Melissa Haas Mary Ann Olson Sarah Bertram Joyetta Hattouni Dorene Perkins Jake Bosely Eva Lageson Ben Pierson Polly Brantner Mary Anne Lantz Lisa Reiten Jean Bryant Stephanie Marschall Cheryl Rextraw Anita Burke Jenae Marthey Penny Stewart Laura Coleman-Heyne Terry McNulty Mary Thelen Debbie Cordes Deb Melton Debbie Wessman Penelope Cury Mary Mueller Nathan Ehlers Michele Mueller ABSENTEE BALLOT BOARD AND ALTERNATES Mary Allen Margaret Anderson Dean Davis Michele Iaria Paula Finkelstein Christy Kurth Mark Goldberg Carmen Kyllo Kathleen Hope James Minard Marlene Hylbak Michael Rose Sandra Nelson John Roberson Debra Belbeck AM Shirley See Diane Bergens Jacqueline Staiger William Hibbs Theresa Wickstrom Thomas Hope Desiree Wren Jane O'Neill AM Michael Owen Robert Randall Daniel Vreyens BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the foregoing individuals are hereby appointed as judges for the Primary Election to be held on August 14, 2018, in the City of Apple Valley with the understanding that amendments may be necessary to the appointments in order to fill vacancies. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to make the necessary substitutions. Judges will be paid at the rate of $10.00 per hour and Co-Head Judges at $13.00 per hour for time trained and worked. ADOPTED this 28th 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 28, 2018 S E C T I O N:Consent A genda Description: 2020 Census S taff Contact: A lex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department AC T I O N RE Q UE S T E D: 1. Authorize Staff to send the U.S. C ensus Bureau an Apple Valley C ommitment Letter to establish a C omplete C ount C ommittee. 2. Direct Urban Affairs A dvisory C ommittee to be the designated 2020 C ensus C omplete Count Committee. S UM M ARY: T he 2020 C ensus is underway and cities across the C ountry have been tasked with assisting the Census Bureau to ensure that all persons are counted. Staff has met with the Regional Census Director, to learn about the best practices for a "C omplete C ount C ommittee". T he C ensus is an important tool for the C ity that is the basis for funding and policy decisions. T he C ensus Bureau has found that involving local partners is essential to ensure that the process is successful. On C ensus Day in 2010, Apple Valley had the 16th best participation rate in the C ountry. T he C ensus Bureau has tasked all cities to create the C omplete C ount C ommittee that represents their community with the goal of achieving high participation rates and reaching lower responding census tracts. T he Urban Affairs A dvisory C ommittee will host guests representing a variety of organizations, such as faith based organizations, the C hamber of Commerce, housing groups, and educational institutions. Each of these groups will be asked to offer ways they can assist the Committee to best reach their constituent members. B AC K G RO UND: Census Day is A pril 1, 2020, which is the date for responses for the C ensus. In early 2019 Complete C ount C ommittees will be actively working to encourage response within their Community. By establishing the C ommittee at this time, and providing the background information, the C ity of Apple Valley will be ready to assist with outreach within the Community. Findings and recommendations from Urban Affairs will be presented to City Council. T he background presentation from the C ensus Bureau is attached to this report and will be shared with the Urban Affairs Advisory Committee. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Presentation 6/21/2018 1 2020 Census Community Partnership and Engagement Program The 2020 Census Redesign 24 6/21/2018 2 Social 2020 Operational Schedule Key Operational Milestones Date Activity January 2018 Regional Census Center Opens (Chicago, IL) January 2019 Open Area Census Offices (Field Offices) 2019 Complete Count Committees Active  August 2019 Begin In‐Field Address Canvassing February 2020 Group Quarters Operations Begin End of March 2020 Self‐Response End of March‐July 2020 Field Enumeration (in Selected Areas) April 1, 2020 2020 Census Day! Late April‐August 2020 Conduct Nonresponse Follow‐Up (NRFU) August 2020 Complete NRFU December 31, 2020 Deliver Apportionment Counts to President March 31, 2021 Deliver Redistricting Counts to States 5 The 2020 Census Environment 4 6/21/2018 3 Goal of the Partnership Program Work  with local partners to                                          increase participation in the  2020 Census from those who are                               less likely to respond or are often missed. ‐Partnership for the best Census in your community 5 Community Partnership & Engagement Program Census Bureau engages in partnerships with: State Governments County Governments Municipal Governments Tribal  Governments Community Organizations Faith ‐based Institutions Schools/Colleges Non‐profit organizations Businesses Local Media 6 6/21/2018 4 Community Partnership and Engagement Program Complete Count Commission 7 HIGHEST LEVEL  PARTNERSHIP Develop partnerships at  the highest levels within  each state State Complete Count  Commission may be  codified and grounded  in law,  if desired  PURPOSE •Act as 2020 Decennial Champion for the State by  providing leadership and support for 2020 Census  •Provide “trusted voices” to act as Census Ambassadors •Provide authoritative and knowledgeable contact point  for Regional Director to meet goal of timely, accurate and  cost‐effective Census count GOALS AND OBJECTIVES •Monitor Census participation to target outreach efforts  and support •Focus attention on low response rate areas •Marshall financial and staffing resources to support  Complete Count Commission goals •Promote the formation of Complete Count Committees at  the county and municipal levels, with support from the  Census Bureau Regional Director and partnership  specialists Complete Count Committees 8 •Organized at the county and municipal levels  •Formed by local official proclamation or passage of ordinance •Members appointed by county executive/chair or city mayor •Committee organizes local outreach efforts •Provide leadership and support for local participation  6/21/2018 5 Committee Outreach •Members of state, local or                                           tribal government agencies •Schools/Colleges •Faith ‐based Institutions •Community organizations •Non‐Profit Organizations •Local Businesses •Local Media •Special Housing Groups 9 Example Complete Count Committee GOVERNMENT MILLENNIALS RECRUITING SUB‐ COMMITTEE BUSINESS CIVIC  ENGAGEMENT MEDIA/ SOCIAL MEDIA FAITH ‐BASED EDUCATION 110 City Council Urban Affairs Committee 6/21/2018 6 Previous Hard‐To ‐Count Demographics Veterans People with disabilities Farm workers Homeless Renters College Students Immigrants/Minorities Snowbirds Senior citizens Language constrained Children under five People living in poverty 11 Tools for Identifying Low Response  Areas and Populations •2010 Mail Participation Rate Map •Low Response Score Map  •Data Access Tools (American Factfinder, QuickFacts, Business Builder) •Census Data Access Workshops •Regional Data Specialists 12 6/21/2018 7 Identifying Low Response Areas 2010 Mail Participation Rates 13 n/a   0%    21       41        51     61       67       73      79       85      91        For your area mail participation rates go to: https://www.census.gov/censusexplorer/2010ratemap.html 2010 CENSUS  PARTICIPATION RATES STATE 2010  Rate Rank Arkansas 69% 38 Illinois 76% 11 Indiana 79% 3 Iowa 79% 3 Michigan 78% 5 Minnesota 81% 2 Missouri 74% 24 Wisconsin 82% 1 United States 74% NA Apple Valley Mail Participation Rate 14 Census Tract 608.05, Dakota County 2000 Participation Rate 75% 2010 Participation Rate 69% 6/21/2018 8 2020 Community Partnership and  Engagement Census Timeline 2017 Mobilize local resources 2018 Highest elected officials determine CCC membership 2019 Continue establishing committees Develop strategies and work plans Mobilize community organizations 2020 CCC continued outreach and promotional efforts  Questionnaires delivered nationwide April 1, 2020 –Census Day! Next Steps 15 “We understand that a plan is only as good as those              who are put in the game to mobilize the plan. On           a Football Team  everyone has to know their role – these plans will help us to truly function as a team,                 with the ultimate goal being to count everyone once  and in the right place for the eight state region.”  ‐Marilyn A. Sanders  16 Regional  Census Bureau Planning,  Chicago Office I T E M: 4.K. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A ccepting Reimbursement from Nelson A uto Center S taff Contact: Nick Francis, Police Captain Department / Division: P olice Department AC T I O N RE Q UE S T E D: Adopt the resolution to accept reimbursement from Nelson Auto C enter for overpayment on police vehicle purchases. S UM M ARY: From 2010 to 2017, the Police Department purchased 25 vehicles from Nelson Auto Center, the state authorized auto dealer for police vehicles. After purchases were made, it was learned that the city was overcharged for some options which should have been free of charge according to the state contract. An audit was conducted showing the C ity of Apple Valley was overcharged $6,431.00. As such, Nelson Auto Center has sent payments in that amount along with a reimbursement acceptance form which also releases any claim for future payment on the contracts audited. B AC K G RO UND: From 2010 to 2017, the Police Department purchased 25 vehicles from Nelson A uto C enter. During that time, Nelson Auto Center was the authorized state dealer for police vehicles. As part of the procurement process, N elson Auto C enter negotiated a contract with the State of Minnesota to have standardized pricing for police vehicles. When purchases were made, certain options which were not supposed to be billed according to the state contract were billed to departments. Options included heated mirrors, removal of carpet, disabling of window switches, etc. T his resulted in overpayment. T he State of Minnesota, with assistance from the Minnesota Bureau of Criminal Apprehension, conducted an audit for each agency affected by the over charging. T he results of that audit have revealed that Apple Valley was overcharged by $6,431.00. Finance staff has confirmed the reimbursement is accurate. B UD G E T I M PAC T: T he reimbursement will be returned to the VERF where the funds originated. AT TAC HM E NT S : Memo Resolution Agreement CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION ACCEPTING REIMBURSEMENT FROM & AUTHORIZING RELEASE OF ALL CLAIMS AGAINST NELSON AUTO CENTER FOR CITY POLICE DEPARTMENT VEHICLE REPAIR & MAINTENANCE SERVICE CONTRACT WHEREAS, the City contracted with Nelson Auto Center through Minnesota State Purchasing Contract No. 37669, for maintenance and repair services to the City’s police department vehicles; and WHEREAS, it is the City’s understanding that the Minnesota State Auditor’s Office conducted a formal audit of Nelson Auto Center’s billing practices under its contracts with local municipalities, including the City of Apple Valley’s service contract; and WHEREAS, it is the City’s understanding that the Minnesota State Auditor’s Office formal audit of Nelson Auto Center discovered that Nelson Auto Center overcharged the City of Apple Valley for its automotive services in the aggregate amount of $6,431.00during the period of 2010-2017; and WHEREAS, Nelson Auto Center tendered to the City the amount of $6,431.00 as and for reimbursement of the overcharged payments made by the City, along with an Acknowledgment & Release form; and WHEREAS, it is in the best interest of the City and its residents that the City accepts payment of $6,431.00 as and for full reimbursement and release of all claims against Nelson Auto Center. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the payment of $6,431.00 as and for reimbursement by Nelson Auto Center be accepted. BE IT FURTHER RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Administrator is authorized and directed to sign the Acknowledgment and Release of Claims form in favor of Nelson Auto Center. ADOPTED this 28th day of June, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.L . C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A pprove Release of Various F inancial Guarantees S taff Contact: J oan Murphy, Department A ssistant Department / Division: Community Development Department AC T I O N RE Q UE S T E D: Approve release of various financial guarantees. S UM M ARY: T he C ity holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of these developments indicates that the following actions are in order: 1.Legacy of Apple Valley Sixth Addition (PC16-36-SZB) LO C #1163 Original Deposit on 1/29/18 $32,075.00 Reduce now to $ 0.00 2.Apple Valley East Commercial (PC15-03-F) C ash Check No. 2504 Original Deposit on 6/12/15 $20,000.00 Reduce now to $ 0.00 B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 4.M. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving Amending Conditional Use Permit No. 1992-278 for Major A nchor S igns at Apple Valley S quare S taff Contact: A lex Sharpe, Planner and Economic Development S pecialist Department / Division: Community Development Department Applicant: L eroy S igns, I nc. P roject Number: P C18-09-C V Applicant Date: 5/9/2018 60 Days: 7/8/2018 120 Days: 9/6/2018 AC T I O N RE Q UE S T E D: Adopt resolution approving amending conditional use permit no. 1992-278 for major anchor signs at Apple Valley Square. S UM M ARY: Leroy Signs, Inc., on behalf of property owner A pple Valley Square, LLC , has applied for a Conditional Use Permit A mendment for two existing Major Anchor Signs. City C ode section 154.02 requires that Major Anchor Signs receive a C onditional Use Permit (C UP) for multi tenant structures which are in excess of 100,000 sq. ft. In 1992 a C UP was issued for two existing Major Anchor Signs located at Apple Valley Square. Regency C enters, the manager of the property, will be doing extensive exterior updates to Apple Valley Square this summer, and as such is seeking to update the existing signs on the property. As stated, the signs predate the C UP issued in 1992, and were likely constructed in the mid to late 1960's. the current proposal updates the elevations of these signs with new materials, or those integral to the structure, which is consistent with code. T he signs are larger than code permits, but were permitted in 1992. T he overall sign area is being reduced from approximately 329 sq. ft. to 267 sq. ft. T his is being achieved by reducing the height from 32' 6" to 30' 7". On J une 6th the Planning C ommission held the public hearing, and recommended approval with no public comments. B AC K G RO UND: T hese existing signs do not meet several code standards, such as setbacks, height, and size. However, the City Attorney has advised that due to the signs being existing structures which received approval via a C UP in 1992, variances are not required. T he signs may predate code standards as the center was formerly an indoor mall in the early 1970's. As stated, Regency C enters, the property manager is updating the exterior of the center in the summer of 2018, and is making substantial site improvements. Elevations of the proposed renovations are included as part of the proposal. T he applicant letter notes that they wish to update these signs so that they can be consistent with the other site improvements. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Area Map Elevations Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION APPROVING AMENDED CONDITIONAL USE PERMIT FOR MAJOR ANCHORS SIGNS AT APPLE VALLEY SQUARE WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, land use regulations to control land uses throughout the City; and WHEREAS, said regulations provide that major anchor sign, as regulated in Chapter 154 of the City Code, may be allowed within the confines of a “RB” (Retail Business) zoning district and in accordance with specific performance standards as a conditional use; and WHEREAS, a Conditional Use Permit is in effect, pursuant to City Council Resolution 1992-278, for two major anchor signs located on two parcels of property, known collectively as Apple Valley Square, located at the southwest corner of County Road 42 and Cedar Avenue addressed as 15125 Cedar Avenue and 7552-638 150TH Street West and legally described as Lots 1 and 2, Block 1, Apple Valley Square 5th Addition (hereinafter “Property”). WHEREAS, the owner of the Property has requested an amendment to the Conditional Use Permit whereby the signs’ design will be changed, but the signs’ existing locations and footings foundations will not change ; and WHEREAS, the Apple Valley Planning Commission reviewed the Conditional Use Permit amendment request at a public hearing held on June 6, 2018; and WHEREAS, the Apple Valley Planning Commission recommended approval of the Conditional Use Permit amendment, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that an amendment to the Conditional Use Permit, granted by Resolution 1992-278, for two Major Anchor Signs on the Property be approved subject to compliance with all applicable City codes and standards and the following conditions: 1. The Conditional Use Permit shall apply to property legally described as Lots 1 and 2, Block 1 Apple Valley Square 5th Addition. 2. The signs shall be installed at the locations depicted in and in conformance with the site plan dated April 20, 2018, on file at the City Offices and attached hereto. 3. The signs shall be consistent with the elevations, other than the face, and the site plan, dated 4-20-2018, which detail the height, size and general materials of the structures. 4. Per Resolution 1992-278, landscaping shall be provided around the signs, and maintained in good condition. 2 5. No sign shall be installed until a sign permit for each sign has been issued by the City. ADOPTED this 28th day of June, 2018. _________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk 3 CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on June 28, 2018, the original of which is in my possession, dated this _____day of ______________________, 20___ . ____________________________________ Pamela J. Gackstetter, City Clerk APPLE VALLEY SQUARE µ LOCATION MAP ^ 150TH ST W CEDAR AVE153RD ST WPENNOCK LNFRONTAGE RD FIRESIDE DR PENNOCK AVEJONATHAN DR GLENDA DRGRANADA AVE150TH ST W CEDAR AVESign Location Sign Location Chris Clark Apple Valley Square Apple Valley, MN 04-20-2018 Scale: 1/2 =1’-0” AVS_PS_V3C.ai internally lluminated pylon signage Customer Location Description Sales Person Date Scale File / Rev IMPORTANT NOTICE: This is a proprietary design of Leroy Signs, Inc., designed specifically for this project. It is illegal and unethical to distribute to any other entity for copy or use. This design cannot be used without the written consent of Leroy Signs, Inc. 6325 WELCOME AVE, N. MINNEAPOLIS, MN 55429 Phone: 763-535-0080 ww.leroysigns.com PRIMARY ELECTRICAL POWER TO SIGN TO BE BY OTHERS. ALL POWER TO BE 120 VOLT UNLESS OTHERWISE STATED SIGN MUST BE GROUNDED IN COMPLIANCE WITH ARTICLE 600 OF THE NATIONAL ELECTRIC CODE ELECTRICAL TO USE U.L. LISTED COMPONENTS AND SHALL MEET ALL N.E.C. STANDARDS PROPOSED COLOR OPTIONS REMOVE EXISTING ANGLED TOP SECTIONS WITH ROUND LOGOS OF BOTH PYLON SIGNS AND REPLACE WITH A BACK LIT TENANT PANEL CABINET WITH SQUARED OFF TOP, TOTAL HEIGHT TO REMAIN THE SAME TENANT SIGN: 1 front view of existing sign SIGN: 2 front view of existing sign elevation rendering of proposed renovations proposed changes FRONT SIDE TENANT TENANT TENANT 12'-8" 11'-6"30'-7"2 lines 4” zip track 2'-6"23'-3"stain exisitng brick base to match building paint existing aluminum pole covers & sign cabinet MAP polyurethane bronze Total Sign Area = 267.4 Sq Ft flat polycarbonate faces opaque background translucent copy CITY OF APPLE VALLEY RESOLUTION NO. 1992-278 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MAJOR ANCHOR/CENTER SIGNS AT APPLE VALLEY SQUARE AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357, the City of Apple Valley has adopted, as Appendix A of the City Code of Ordinances, zoning regulations to control land uses throughout the City, and WHEREAS, said regulations provide that major anchor/center signs may be allowed within the confines of a Retail Business zoning district and in accordance with specific performance standards as a conditional use, and WHEREAS, approval of a Conditional Use Permit for major anchor/center signs has been requested by Apple Valley Square Shopping Center, and WHEREAS, review of such Conditional Use Permit request, to determine its conformance with the applicable regulations and performance standards, occurred at a public hearing held on September 16, 1992, and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit, subject to certain conditions, on October 7, 1992. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a Conditional Use Permit for major anchor/center signs within a Retail Business Zone is hereby approved subject to the following conditions: The Conditional Use Permit shall apply to property legally described as Lots 1 and 2, Block 1, Apple Valley Square Fifth Addition. The signs shall be placed in the same locations as the existing signs on County Road 42 and on Cedar Avenue and shall replace such signs (see Exhibit A for specific locations). 3. Sign faces shall be aluminum with individually routered letters. A landscape plan shall be submitted and approved for the base of the sign structures prior to issuance of the sign permit. The signs shall comply with all provisions of Apple Valley City Code Section 6-105(g), Major Anchor/Center Signs, other than those delineated in paragraphs numbered 2 and 3 hereof. Design of the signs, other than sign faces, shall be consistent with the drawing submitted and last revised on July 30, 1992 (attached as Exhibit B). The Conditional Use Permit may be revoked for cause if the terms of paragraphs numbered 1 through 6 hereof are not adhered to. ADOPTED this 22nd day of October, 1992. ATTEST: i'l~liam F. Holton, Mayo~ Mary E~ueller, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Apple Valley I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Apple Valley at a duly authorized meeting thereof held in the City of Apple Valley, Minnesota, on the 22nd day of October, 1992, as disclosed by the records of said City in my possession. SEAL) Mary E. Mueller Apple Valley City Clerk 2 12'-6" 11'-9" Decorative aluminum is painted "Apple Vail,, Individual 30"x 11'-3" aluminum cabinets wi Lexan® faces. backgrounds ops. qu6 transluscent graphics approx 168 sq.ft, per 28'-0" Readerboard 2'-11" x 10'-10") approx 33 sq.ft, per s Brick base matches b approx 92 sq.ft .visibi Scale: approx 1/4"= 1'-0" Sign is approx 365 sq.ft, per side with total sign area approx 200 sq.ft. EXHIBIT B I T E M: 4.N. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: B igos Nuvelo, 6901 153rd S treet W. and 6780 F ortino S treet (To be platted as Lot 1, Block 1, and Lot 1, Block 2, Nuvelo) S taff Contact: K athy Bodmer, A I C P, Planner Department / Division: Community Development Department Applicant: B igos Management, I nc. P roject Number: P C17-16-Z Applicant Date: 5/9/2018 60 Days: 120 Days: AC T I O N RE Q UE S T E D: 1. Adopt resolution completing vacation of drainage and utility easements. 2. Adopt resolution approving final plat and development agreement of Nuvelo and associated agreements. 3. Adopt resolution approving planned development agreement. S UM M ARY: Bigos-Nuvelo, LLC, requests review and approval of vacation of easements, final plat, development agreement, and planned development agreement for the Nuvelo development (formerly Bigos Kelley Park Phase III). T he subject lots are located on the northeast and northwest corners of 153rd Street W and Fresco Terrace, immediately south of Kelley Park. T he lots are currently legally described as Lot 1, Block 9 and Lots 1 and 2, Block 10, and will be replatted to Lot 1, Block 1 and Lot 1, Block 2 Nuvelo. T he final plat, development agreement, and planned development agreement are requested in order to develop the properties for a 61-unit apartment building on Block 1 west of Fresco Terrace and 114-unit apartment building east of Fresco Terrace. Vacation: T he C ity C ouncil conducted a public hearing to consider vacation of easements at its December 28, 2017, meeting. A vacation of drainage and utility easements is requested to reconfigure the storm water ponds to better fit the site plan. T he C ity Engineer worked with the petitioner's engineer on the design of the new ponds to ensure that the redesigned infiltration areas will accommodate the City's storm water needs. Letters of objection for the vacation were received from Dakota Electric and C enter Point Energy. T he two utility companies state that they have trunk lines within the easements and wanted to ensure that adequate easement remains to not impact their services. A fter reviewing the proposed Nuvelo plat, C enter Point Energy provided a "Non-Objection" letter. Dakota Electric indicated that its concern would be addressed if the same sized easement was dedicated on the new plat. F inal P lat and Dev elopment Agreement: Bigos Nuvelo seeks approval of the two lot plat, development agreement, and associated documents. T he development agreement sets forth the development requirements, fees, trunk area charges and securities required for the project. T he developer will be privately constructing the public storm water infiltration basin on the site subject to inspections and final approval by the C ity. Park dedication will be a cash-in-lieu of land dedication calculated based on the number of units in the development. T he supplemental agreements will include a License to Encroach Agreement, Storm Water Basin Installation and Maintenance Agreement and Partial Release of Restricted Access Easement for the driveway on 153rd Street. P lanned Dev elopment Agreement: T he Planned Development Agreement requires the developer to develop the site in accordance with the Planned Development zoning district and development standards. T he Nuvelo site will be developed in accordance with the development standards and the vision of the Central Village area which seeks to create a unique, vibrant, and pedestrian-oriented area that supports the C ity's Downtown. T he PD provides for reduced setbacks, compact form and high quality architectural design to create a neighborhood that can easily access nearby retail uses, entertainment, restaurants, parks and metropolitan transit services either on foot, by bicycle or by car. B AC K G RO UND: At its meeting of December 28, 2017, the City C ouncil approved amendments to PD-739 and site plan review/building permit authorization for the 175-unit Nuvelo apartment development. T he final plat, development agreement, and planned development agreement are consistent with the C ity's previous approvals. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Correspondence Resolution Development Agreement F inal Plat Agreement Agreement Easement Resolution Agreement Background Material CITY OF APPLE VALLEY RESOLUTION NO. 2017-XX A RESOLUTION VACATING PUBLIC GROUNDS WHEREAS, pursuant to the requirements of Minnesota Statutes Chapter 412.851, the City Council of Apple Valley held a public hearing on December 28, 2017, with respect to the vacation of certain public grounds described in the attached Notice of Completion of Public Grounds; and WHEREAS, it appears it will be in the best interest of the City of Apple Valley and the public to vacate said grounds as such grounds are no longer needed to serve a public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. The vacation of the public grounds described in the Notice of Completion of Vacation of Public Grounds, attached, is hereby approved. 2. The City Clerk shall present said Notice of Completion of Vacation of Public Grounds to the County Recorder and then file a copy with the County Surveyor. ADOPTED this 28th day of June, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk NOTICE OF COMPLETION OF VACATION OF PUBLIC GROUNDS IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that pursuant to the resolution of the City Council on June 28, 2018, the City Council of the City of Apple Valley, Dakota County, Minnesota, passed a resolution vacating the following described public grounds in Apple Valley, to-wit: ATTACHED HERETO AS EXHIBIT B Notice is further given that the vacation proceedings were completed by the City Council on the 28th day of June, 2018. A copy of the Resolution of Vacation of Public Grounds is attached hereto as Exhibit A and incorporated herein. IN WITNESS WHEREOF, I have set my hand this ______ day of ____________, 20___, as Clerk of the City of Apple Valley, Dakota County, Minnesota. (SEAL) __________________________________ Pamela J. Gackstetter, City Clerk STATE OF MINNESOTA ) ) ss. ) On this ______ day of __________________, 20___, before me a notary public within and for Dakota County, Minnesota, personally appeared Pamela J. Gackstetter, City Clerk of the City of Apple Valley, Dakota County, Minnesota, known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed with the authorization and under the direction of the City Council of the City of Apple Valley, Dakota County, Minnesota. __________________________________ Notary Public This document drafted by: Pamela J. Gackstetter, City Clerk City of Apple Valley 7100 West 147th Street Apple Valley, Minnesota 55124 Lot 1, Block 9 The Legacy of Apple Valley North Lots 1 and 2, Block 10 The Legacy of Apple Valley North Utility Company Correspondence CITY OF APPLE VALLEY RESOLUTION NO. 2018 - ___ FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL NUVELO WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley, Dakota County, Minnesota (the “City”) adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS, the City has been requested by Bigos-Nuvelo, LLC, a Minnesota limited liability company (“Developer”) to approve for recording the plat of Nuvelo; and WHEREAS, pursuant to Chapter 153 of the City Code, a development agreement between the Developer and the City detailing the installation of the required improvements in the subdivision and the method of payment therefore has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the subdivision 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: NUVELO 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 28th day of June, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE 2 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 1 ______________________________ _______________________________________ DEVELOPMENT AGREEMENT Between BIGOS-NUVELO, LLC And CITY OF APPLE VALLEY For NUVELO _______________________________________ ______________________________ DRAFT 2 A G R E E M E N T WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the "City"), has been requested by Bigos-Nuvelo, LLC, a Minnesota limited liability company (“Developer”) to approve for recording the following described plat: The plat of Nuvelo; and WHEREAS, Developer intends to develop the real property legally described as Lot 1, Block 9 and Lots 1 and 2, Block 10, The Legacy of Apple Valley North (the “Property”) as two lots for multiple residential dwellings (the “Lots”); 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 Nuvelo, as shown and noted on Exhibit “A” attached hereto (the “Plat”). 2. The Property is governed by the terms and conditions of the City’s Zoning Ordinance 739, as amended on December 28, 2017 (the “Ordinance”). Any use or development of the Property shall be in accordance with the provisions of the Ordinance. 3. The Developer has designed and the City has approved the necessary water laterals, storm sewer, and bituminous trail to service the Lots (“the Municipal Improvements”). These Municipal Improvements are identified in the plans for Apple Valley Project Nos. 2018-149 and 2018-150 (the “Municipal Plans”.) Municipal Improvements serving the Lots shall be maintained as follows: A. The City shall own and only be responsible for maintenance, repair and replacement 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 easements. Maintenance of other 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. DRAFT 3 B. The City shall own and only be responsible for the maintenance repair and replacement of water lines having a pipe equal to or greater than six inches in diameter and located within public right- of-way or utility easements. Maintenance of other 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 located entirely within public right-of-way or dedicated public easements shall be owned and maintained, repaired and replaced by the City, excluding retaining wall being built by Developer (See section 17). 4. Developer shall comply with the conditions of building permit authorization set forth in City of Apple Valley Resolution No. 2017-215, a copy of which is attached hereto as Exhibit “B” and incorporated herein. Lot 1, Block 9, The Legacy of Apple Valley North is being re-platted into Lot 1, Block 1, Nuvelo (“Block”) and Lots 1 and 2, Block 10, The Legacy of Apple Valley North are being re-platted into Lot 1, Block 2, Nuvelo (“Block 2”). 5. Subject to the provisions hereunder, the Developer shall grade Block 1, and install and complete the improvements to Block 1, in accordance with and under the following conditions: A. To complete all improvements in conformance with the plans and specifications submitted by Developer and approved by the City, including but not limited to the following plans prepared by Civil Site Group with an issue date of May 7, 2018, and any subsequent revisions as required by the City Engineer: Sheet C1.0 Removals Plan Sheet C2.0 Site Plan Sheet C3.0 Grading Plan Sheet C4.0 Utility Plan Sheet C4.1 Public Storm Sewer Plan Sheet C5.0-C5.2 Civil Details Sheet L1.0-L1.1 Landscape Plan Sheet SW1.0-SW1.3 SWPPP B. To construct sidewalk(s) and driveways with concrete or bituminous material in accordance with City construction standards. DRAFT 4 C. To seal or cause to be sealed all existing wells on Block 1 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 Valley City Code prior to, during and after the development of Block 1. 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 Block. 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 5 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. DRAFT 5 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 Block 1, at the Developer’s sole cost and expense. N. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of $601,611.00 (“Financial Guaranty”) to secure the performance and payment of the Developer's obligations under this Section 5 of the Agreement, in a form and with terms to the sole satisfaction of the City, until all the obligations under this Agreement are fulfilled. 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 will 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 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 cash escrow shall be in lieu of the remaining Financial Guaranty and remain in force until the City confirms that the deficiency has been corrected, not to be unreasonably delayed or exceed five (5) years. O. To pay the City's reasonable costs related to the Section 6 and this Agreement, including but not limited to 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 $36,000 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 DRAFT 6 construction on 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. 6. Subject to the provisions hereunder, the Developer shall grade Block 2, and install and complete the improvements to Block 2, in accordance with and under the following conditions: A. To complete all improvements in conformance with the plans and specifications submitted by Developer and approved by the City, including but not limited to the following plans prepared by Civil Site Group with an issue date of May 7, 2018, and any subsequent revisions as required by the City Engineer: Sheet C1.0 Removals Plan Sheet C2.0-C2.1 Site Plan Sheet C3.0 Grading Plan Sheet C4.0 Utility Plan Sheet C5.0-C5.2 Civil Details Sheet L1.0-L1.1 Landscape Plan Sheet SW1.0-SW1.3 SWPPP 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 Block 2, 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 Valley City Code prior to, during and after the development of Block 2. The Developer further agrees to submit to the City for its approval, a Natural Resources Management Plan DRAFT 7 prior to any construction or land-disturbing activity in connection with the development of the Block. 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 6 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 Block 2, at the Developer’s sole cost and expense. N. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of $791,059.00 (“Financial Guaranty”) to secure the performance and payment of the Developer's obligations under this Section 7 of the Agreement, in a form and with terms to the sole satisfaction of the City, until all the obligations under this Agreement are fulfilled. 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 will be released; except however the final twenty percent (20%) of that portion of the Financial Guaranty covering DRAFT 8 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 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 cash escrow shall be in lieu of the remaining Financial Guaranty and remain in force until the City confirms that the deficiency has been corrected, not to be unreasonably delayed or exceed five (5) years. O. To pay the City's reasonable costs related to the Section 7 and this Agreement, including but not limited to 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 $12,000.00 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. 7. 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 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. DRAFT 9 8. A. General Requirements. 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 Municipal 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 Develo per 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 DRAFT 10 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 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. B. 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. C. 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 DRAFT 11 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. 9. The Developer agrees to install all utilities underground in the Property, 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. 10. No occupancy of any building in the Property shall occur until water, sanitary sewer, and a paved driving surface are available for use to that building. 11. Prior to the issuance of a building permit application, the Developer agrees to pay the City for the public services furnished to the Property, in 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 $2,821.00 per unit - $2,485.00 Metro and $336.00 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 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 DRAFT 12 $913.00 per 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. 12. The parties mutually recognize and agree that the park dedication requirements for the Lots as provided in Chapter 153 of the City Code, shall be satisfied by a cash payment of $555,690.63 ($193,697.88 for Block 9 plus $361,992.75 for Block 10) from the Developer. This amount shall be paid by the Developer prior to the release of the plat for recording. 13. The parties mutually recognize and agree that storm water pond dedication requirements, as provided in Chapter 153 of the City Code, shall be satisfied by a combination of the dedication of drainage and utility easements on the Plat and the grading of the Property in conformance with City approved plans, and the execution and recording of the Infiltration Basin Construction and Maintenance Agreement attached hereto as Exhibit “C” and incorporated herein. 14. Prior to the release of the plat for recording, the Developer shall: A. Deliver to the City the Financial Guaranties of $601,611.00 for Block 1 and $791,059 for Block 2. B. Deposit with the City the sum of $36,000.00 for Block 1 and $12,000.00 for Block 2. C. Pay the following trunk charges in the total amount of $32,895.28 for Block 1: Amount Calculation Sanitary Sewer: $19,998.00 $303.00 per unit x 66 units Water: $3,395.84 $2,653 per acre x 1.28 acres Storm Sewer: $7,423.00 $5,942 per acre x 1.28 acres Total: $32,895.28 DRAFT 13 D. Pay the following trunk charges in the total amount of $61,146.96 for Block 2: Amount Calculation Sanitary Sewer: $36,360.00 $303.00 per unit x 120 units Water: $6,526.38 $2,653 per acre x 2.46 acres Storm Sewer: $18,260.58 $5,942 per acre x 2.46 acres Total: $61,146.96 E. Pay the park dedication fees of $193,697.88 for Block 1 and $361,992.75 for Block 2. 15. The Developer agrees to install and pay for a public (or private) street lighting system for the Property, in accordance with City and Dakota Electric Company standards. 16. The Developer agrees to provide the City with as-built surveys for any building constructed within the Property, prior to the issuance of the Certificate of Occupancy for that building. 17. The Developer agrees to execute and record with the plat a License Agreement regarding private improvements within the City’s drainage and utility easement, in the form attached hereto as Exhibit “D”. 18. 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. 19. The Developer shall deliver to the City copies of this Agreement and the License Agreement as recorded to evidence that the Developer has complied with its recording obligations under this Agreement. DRAFT 14 20. 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 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 to the extent caused in whole or in part by any negligent act or omission of the Developer, or 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. 21. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Property and shall be binding upon the respective heirs, administrators, successors and assigns of the Developer. In the event of a conflict between the terms of this Development Agreement and any previous development agreements recorded against the Property or portions thereof, the terms of this Agreement shall govern. 22. For two (2) years after the date of the approval of the Plat, no amendments to the City’s Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications required or permitted by the approved Plat, unless expressly required by state or federal law or agreed to in writing by the City and Developer. [Signature pages to follow] DRAFT 15 Signature page for Bigos-Nuvelo, LLC Development Agreement Bigos-Nuvelo, LLC a Minnesota limited liability company _________________________________ By: Theodore Bigos Its: Manager STATE OF _______________ ) ) ss. COUNTY OF _____________ ) On this ___ day of ____________, 2018, before me a Notary Public within and for said County, personally appeared Theordore Bigos to me personally known, who being by me duly sworn, did say that he is the Manager of Bigos-Nuvelo, LLC, a Minnesota limited liability company, as Manager of Bigos-Nuvelo, LLC, a Minnesota limited liability company named in the instrument, and that said instrument was signed on behalf of said company as the free act and deed of the company. _________________________________ Notary Public DRAFT 16 Signature page for City Development Agreement City of Apple Valley ________________________________ By: Mary Hamann-Roland Its: Mayor ________________________________ By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) 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/sad (66-37846) DRAFT EXHIBIT ADRAFT EXHIBIT B DRAFT DRAFT DRAFT 1 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT THIS AGREEMENT (“Agreement”) is made by and between Bigos-Nuvelo, LLC, a Minnesota limited liability company, (the “Owner”) and the City of Apple Valley, a Minnesota municipal corporation, (the “City”). The Owner and the City shall jointly be referred to as the “Parties.” WHEREAS, the Owner is the fee owner of real property legally described as follows: Lot 1, Block 1, Nuvelo, according to the recorded plat thereof, Dakota County, Minnesota (the “Property”); WHEREAS, the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council’s Resolution No. 2017 - 215, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan (the “Site Plan”), and in conformance with City Code. The Site Plan is attached hereto as Exhibit “A” and incorporated herein; WHEREAS, the Site Plan, in accordance with the City Code, requires the Owner to install and maintain an infiltration basin on a portion of the Property as depicted on the Site Plan; WHEREAS, the City requires the Owner to install a pond and infiltration basin in accordance with the approved plans and specifications, including but not limited to the plans and specifications prepared by Civil Site Group with an issue date of May 7, 2018 (Sheets C1.0, C2.0, C3.0, C4.0, C4.1, C5.0-C5.2, l1.0-L1.1, SW1.0-SW 1.3) referenced and incorporated into that certain Development Agreement by and between the Owner and the City. The plans and specifications, including any revisions required by the City engineer, shall be collectively referred to as the “Specifications”; EXHIBIT C DRAFT 2 WHEREAS, the purpose of installing and maintaining an infiltration basin is on-site storm water management and to promote the water quality and volume control of the City’s water bodies; WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the pond and infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth; and NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each party to the other, as hereinafter set forth, the Parties agree as follows: 1. Construction and Maintenance. 1.1 Infiltration Capacity Defined. The infiltration basin shall infiltrate through the soil surface or filter media the required water quality volume per the approved storm water management plan within 48 hours or less (the “Infiltration Capacity”). 1.2 Construction Requirements. The infiltration basin shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the infiltration basin in accordance with the terms and conditions set forth in this Agreement. If at any time the infiltration basin fails to conform to the standards and the Specifications set forth herein, including, but not limited to, the Infiltration Capacity, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the infiltration basin to the standards set forth herein. If the City approves the proposed remediation plan and schedule, the Owner shall perform the remediation in compliance therewith. 1.4 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the driveway and parking area on the Property in April or May each year to remove from the Property all sand and salt deposited on the driveway and parking area. The Owner shall remove all tree leaves from the Property after they fall to the ground in October or November each year. The Owner shall not deposit or store snow within the infiltration basin. 1.5 Personal Property or Debris Storage Prohibited. The Owner shall not deposit or store any personal property or debris, litter, or other objects within the infiltration basin and the Owner shall keep the infiltration basin free of any debris, leaves, litter, or other objects. 1.6 Maintenance of Vegetation. The Owner shall maintain and, when necessary, replace the approved vegetation set forth by the Specifications. The Owner shall not use any chemicals within the infiltration basin unless first approved by the City and only when necessary for the protection of the infiltration basin or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basin. DRAFT 3 1.7 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the infiltration basin. 2. Inspections. The Owner shall conduct monthly inspections of the infiltration basin, at the Owner’s sole cost and expense, to ensure the Infiltration Capacity and a healthy plant community is maintained. If necessary, the Owner shall repair the infiltration basin if the Infiltration Capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants, vegetation or mulch and removal of noxious weeds, litter or other debris. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the infiltration basin does not conform to the minimum Infiltration Capacity or any other requirements of the Specifications or this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen (14) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the infiltration basin into compliance with the Infiltration Capacity or Specifications, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the infiltration basin and complete all work necessary to correct the infiltration basin so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the infiltration basin and all work completed by the City to bring the infiltration basin back into compliance with the Infiltration Capacity and Specifications. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081. 3.5 Right of Entry. The City shall have the right to enter the Property to inspect and to implement the terms of this Section 3. The City shall not be subject to or liable for any claims of trespass by the Owner. DRAFT 4 4. Standards for Performance. Any act of construction, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release o r termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder’s Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety (90) day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. DRAFT 5 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE 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 DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2018, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. __________________________ Notary Public DRAFT 6 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT Signature Page for the Owner BIGOS-NUVELO, LLC ___________________________________ By: Theodore Bigos Its: Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2018, by Theodore Bigos, the Manager of Bigos-Nuvelo, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (PV: 66-38844) DRAFT {00403224 } NON-EXCLUSIVE LICENSE AGREEMENT THIS NON-EXCLUSIVE LICENSE AGREEMENT (“License”) is made this ____ day of _____, 2018 (“License Date”), by and between the City of Apple Valley, a Minnesota municipal corporation, (“City”) and Bigos-Nuvelo, LLC, a Minnesota limited liability company and its successors and assigns (collectively, the “Licensee”). The City and Licensee are sometimes jointly hereinafter referred to as the “Parties”, and individually as a “Party.” WHEREAS, Licensee is the owner of real property located in Apple Valley, County of Dakota, State of Minnesota and legally described as Lot 1, Block 2, Nuvelo (the “Property”); and WHEREAS, the City is the holder of a drainage and utility easement over, under and across certain portions of the Property as shown and depicted on the plat of Nuvelo (the “Drainage Easement”); and WHEREAS, Licensee intends to build and maintain a retaining wall (the “Encroachment”) on and over the Property that encroaches upon portions of the Drainage Easement as depicted on Exhibit “A” (the “Encroachment Area”); and WHEREAS, Licensee seeks permission to construct and maintain the Encroachment ; and WHEREAS, the City is willing to grant a non-exclusive license to the Licensee, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Licensee agree as follows: 1. Definitions. Unless the language or context clearly indicates that a different meaning is intended, the following terms shall have the meaning ascribed to them. EXHIBIT D DRAFT 2 a. “Drainage Service Facilities” are defined to include, but are not limited to, any equipment, pipe, drain tile, catch basin, holding pond, culvert, grate, ditch, grading, aeration equipment, infiltration beds, retaining walls, chemical treatment, vegetative materials, and other devices used to regulate and control the volume, rate, and quality of storm water runoff and carry rain, melting snow, and other clear water (not wastewater) to streams, ponds, or other water bodies as contemplated by the City storm water sewer system (See Section 51.06(A)-(B) and Chapter 52 of the Apple Valley Code of Ordinances). b. “Improvements” is defined as construction, modification, repair or maintenance of a retaining wall. 2. License for Encroachment Purposes. The City hereby grants to the Licensee, its successors and assigns, a permanent, non-exclusive royalty free license to encroach on and over the Encroachment Area for use and enjoyment, maintenance, modification and replacement of the Encroachment. This License is subordinate to the rights of those authorized by Apple Valley Code of Ordinances to use the drainage and utility Easement. Licensee is strictly prohibited from interfering with the construction, reconstruction, modification, operation or maintenance of current or future Drainage Service Facilities located within the Easement. 3. Term. The term of this License shall begin on the License Date and continue until terminated as provided herein. 4. Condition and Maintenance of Encroachment. The City makes no representation or warranty as to the condition or suitability of the Encroachment or the Property’s ability to support the same. Licensee, its successors and assigns, shall be responsible for maintaining the Encroachment in a manner that is in compliance with Apple Valley Code of Ordinances. 5. Improvements. Licensee shall not make Imp rovements within the Drainage Easement other than those expressly described herein without obtaining a written amendment to this License, except for the type of Improvements that is allowed by a property owner within a drainage and utility easement pursuant to Apple Valley Code of Ordinances. Except for the initial construction of the Improvements, Licensee, its successors and assigns, shall provide at least thirty (30) calendar days written notice to the City of its intent to replace any of the I mp rovements. This License shall in no way limit Licensee’s ability to make Improvements to those portions of the Property that are not within the Easement. The City reserves, on behalf of it and those entities authorized pursuant to Apple Valley Code of Ordinances, the right and privilege, but not the obligation, to construct, reconstruct, modify, operate and/or maintain Drainage Service Facilities and Utility Service Facilities within the Easement, now and in the future. The City agrees to use reasonable efforts to avoid any modification which would interfere or require modification of the Improvements. 6. Damage to the Drainage Service Facilities within the Easement. Licensee shall be liable to the City, and hold the City harmless, for any costs, damages and reasonable attorneys’ fees incurred by the City as a result of damage to the Utility Service Facilities and DRAFT 3 Drainage Service Facilities within the Drainage Easement caused intentionally or negligently by the Licensee or any of Licensee’s agents, employees, tenants, invitees and/or guests. 7. Indemnification. Licensee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, which are caused in whole or in part by any act or omission of Licensee and any of Licensee’s agents, employees, tenants, invitees and/or guests while encroaching upon the Encroachment Area. 8. Termination. After the Encroachment is removed, either the City or Licensee may terminate this License upon providing written notice of termination to the other party at least ninety (90) calendar days before the termination date identified in the written notice. Termination of the License by either Party shall have no effect on either the rights and/or obligations established by the Drainage Easement. 9. Default. Licensee shall be deemed in default if it fails to perform or comply with any of its obligations under this License. In the event of default by Licensee, the City may provide written notice to Licensee of default, which Licensee must cure within fourteen (14) calendar days from the date of the written notice (“Cure Period”). If Licensee fails to address the default to the City’s satisfaction within the Cure Period, the City may terminate this License and remove Licensee’s Improvements from the Encroachment Area, except those that are allowed by a property owner within a drainage and utility easement pursuant to Apple Valley Code of Ordinances. In the event of a default by Licensee, the Licensee shall reimburse the City for all costs and expenses incurred by the City in connection with enforcing this License, including, but not limited to, the City’s attorneys’ fees and cost of removal of Licensee’s Improvements. 16. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or by overnight carrier to the following addresses: If to City, to: City of Apple Valley 7100 147th Street West Apple Valley, MN 55124 Attn: City Administrator With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 Attn: Michael G. Dougherty, City Attorney DRAFT 4 If to Licensee, to: Bigos-Nuvelo, LLC 8325 Wayzata Blvd. Golden Valley, MN 55426 Attn: Luke Hedberg 17. Successors and Assigns. This License and conditions imposed herein shall be binding upon and inure to the benefit of Licensee, its successors and assigns. Licensee may assign this License without the prior consent of the City to any subsequent purchaser or lessee of the Property to which this License is subject. 18. Miscellaneous. a. Authority. City and Licensee represent that each, respectively, has full right, power, and authority to execute this License. b. Governing Law. This License shall be construed in accordance with the laws of the State of Minnesota. c. Force Majeure. Notwithstanding any other provisions in this License, no default, delay or failure to perform on the part of either party shall be considered a breach of this License if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the defaulting Party, including but not limited to, causes such as riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, or nuclear disasters (a “Force Majeure Event”). d. Third Party Beneficiaries. Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person other than the Parties hereto, and their permitted successors and assigns, any rights or remedies under or by reason of this License. e. No Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by either Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. f. Survival of Obligations. The Licensee’s obligations under this License shall survive the termination of this License. IN WITNESS WHEREOF, the undersigned Parties have executed this License. [Signature pages follow.] DRAFT 5 LICENSE AGREEMENT Signature Page for the City City of Apple Valley Dated: ______________________ ___________________________________ By: Mary Hamann-Roland Its: Mayor Dated: ______________________ ___________________________________ By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _______, 2018, by Mary Hamann-Roland and Pamela J. Gackstetter, respectively the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the City of Apple Valley. _____________________________ Notary Public DRAFT 6 LICENSE AGREEMENT Signature Page for the Licensee Bigos-Nuvelo, LLC a Minnesota limited liability company Dated: ______________________ ___________________________________ By: Theodore Bigos Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of _________________, 2018, by Theodore Bigos, who being by me first duly sworn, did say that he is the Chief Manager of Bigos-Nuvelo, LLC a Minnesota limited liability company, on behalf of the company. _____________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 PV: 0066-38844 DRAFT 7 EXHIBIT A ENCROACHMENT AREA DRAFT 1 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT THIS AGREEMENT (“Agreement”) is made by and between Bigos-Nuvelo, LLC, a Minnesota limited liability company, (the “Owner”) and the City of Apple Valley, a Minnesota municipal corporation, (the “City”). The Owner and the City shall jointly be referred to as the “Parties.” WHEREAS, the Owner is the fee owner of real property legally described as follows: Lot 1, Block 1, Nuvelo, according to the recorded plat thereof, Dakota County, Minnesota (the “Property”); WHEREAS, the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council’s Resolution No. 2017 - 215, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan (the “Site Plan”), and in conformance with City Code. The Site Plan is attached hereto as Exhibit “A” and incorporated herein; WHEREAS, the Site Plan, in accordance with the City Code, requires the Owner to install and maintain an infiltration basin on a portion of the Property as depicted on the Site Plan; WHEREAS, the City requires the Owner to install a pond and infiltration basin in accordance with the approved plans and specifications, including but not limited to the plans and specifications prepared by Civil Site Group with an issue date of May 7, 2018 (Sheets C1.0, C2.0, C3.0, C4.0, C4.1, C5.0-C5.2, l1.0-L1.1, SW1.0-SW 1.3) referenced and incorporated into that certain Development Agreement by and between the Owner and the City. The plans and specifications, including any revisions required by the City engineer, shall be collectively referred to as the “Specifications”; DRAFT 2 WHEREAS, the purpose of installing and maintaining an infiltration basin is on-site storm water management and to promote the water quality and volume control of the City’s water bodies; WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the pond and infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth; and NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each party to the other, as hereinafter set forth, the Parties agree as follows: 1. Construction and Maintenance. 1.1 Infiltration Capacity Defined. The infiltration basin shall infiltrate through the soil surface or filter media the required water quality volume per the approved storm water management plan within 48 hours or less (the “Infiltration Capacity”). 1.2 Construction Requirements. The infiltration basin shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the infiltration basin in accordance with the terms and conditions set forth in this Agreement. If at any time the infiltration basin fails to conform to the standards and the Specifications set forth herein, including, but not limited to, the Infiltration Capacity, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the infiltration basin to the standards set forth herein. If the City approves the proposed remediation plan and schedule, the Owner shall perform the remediation in compliance therewith. 1.4 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the driveway and parking area on the Property in April or May each year to remove from the Property all sand and salt deposited on the driveway and parking area. The Owner shall remove all tree leaves from the Property after they fall to the ground in October or November each year. The Owner shall not deposit or store snow within the infiltration basin. 1.5 Personal Property or Debris Storage Prohibited. The Owner shall not deposit or store any personal property or debris, litter, or other objects within the infiltration basin and the Owner shall keep the infiltration basin free of any debris, leaves, litter, or other objects. 1.6 Maintenance of Vegetation. The Owner shall maintain and, when necessary, replace the approved vegetation set forth by the Specifications. The Owner shall not use any chemicals within the infiltration basin unless first approved by the City and only when necessary for the protection of the infiltration basin or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basin. DRAFT 3 1.7 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the infiltration basin. 2. Inspections. The Owner shall conduct monthly inspections of the infiltration basin, at the Owner’s sole cost and expense, to ensure the Infiltration Capacity and a healthy plant community is maintained. If necessary, the Owner shall repair the infiltration basin if the Infiltration Capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants, vegetation or mulch and removal of noxious weeds, litter or other debris. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the infiltration basin does not conform to the minimum Infiltration Capacity or any other requirements of the Specifications or this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen (14) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the infiltration basin into compliance with the Infiltration Capacity or Specifications, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the infiltration basin and complete all work necessary to correct the infiltration basin so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the infiltration basin and all work completed by the City to bring the infiltration basin back into compliance with the Infiltration Capacity and Specifications. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081. 3.5 Right of Entry. The City shall have the right to enter the Property to inspect and to implement the terms of this Section 3. The City shall not be subject to or liable for any claims of trespass by the Owner. DRAFT 4 4. Standards for Performance. Any act of construction, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release o r termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder’s Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety (90) day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. DRAFT 5 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE 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 DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2018, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. __________________________ Notary Public DRAFT 6 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT Signature Page for the Owner BIGOS-NUVELO, LLC ___________________________________ By: Theodore Bigos Its: Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2018, by Theodore Bigos, the Manager of Bigos-Nuvelo, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (PV: 66-38844) DRAFT {00403224 } NON-EXCLUSIVE LICENSE AGREEMENT THIS NON-EXCLUSIVE LICENSE AGREEMENT (“License”) is made this ____ day of _____, 2018 (“License Date”), by and between the City of Apple Valley, a Minnesota municipal corporation, (“City”) and Bigos-Nuvelo, LLC, a Minnesota limited liability company and its successors and assigns (collectively, the “Licensee”). The City and Licensee are sometimes jointly hereinafter referred to as the “Parties”, and individually as a “Party.” WHEREAS, Licensee is the owner of real property located in Apple Valley, County of Dakota, State of Minnesota and legally described as Lot 1, Block 2, Nuvelo (the “Property”); and WHEREAS, the City is the holder of a drainage and utility easement over, under and across certain portions of the Property as shown and depicted on the plat of Nuvelo (the “Drainage Easement”); and WHEREAS, Licensee intends to build and maintain a retaining wall (the “Encroachment”) on and over the Property that encroaches upon portions of the Drainage Easement as depicted on Exhibit “A” (the “Encroachment Area”); and WHEREAS, Licensee seeks permission to construct and maintain the Encroachment ; and WHEREAS, the City is willing to grant a non-exclusive license to the Licensee, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Licensee agree as follows: 1. Definitions. Unless the language or context clearly indicates that a different meaning is intended, the following terms shall have the meaning ascribed to them. DRAFT 2 a. “Drainage Service Facilities” are defined to include, but are not limited to, any equipment, pipe, drain tile, catch basin, holding pond, culvert, grate, ditch, grading, aeration equipment, infiltration beds, retaining walls, chemical treatment, vegetative materials, and other devices used to regulate and control the volume, rate, and quality of storm water runoff and carry rain, melting snow, and other clear water (not wastewater) to streams, ponds, or other water bodies as contemplated by the City storm water sewer system (See Section 51.06(A)-(B) and Chapter 52 of the Apple Valley Code of Ordinances). b. “Improvements” is defined as construction, modification, repair or maintenance of a retaining wall. 2. License for Encroachment Purposes. The City hereby grants to the Licensee, its successors and assigns, a permanent, non-exclusive royalty free license to encroach on and over the Encroachment Area for use and enjoyment, maintenance, modification and replacement of the Encroachment. This License is subordinate to the rights of those authorized by Apple Valley Code of Ordinances to use the drainage and utility Easement. Licensee is strictly prohibited from interfering with the construction, reconstruction, modification, operation or maintenance of current or future Drainage Service Facilities located within the Easement. 3. Term. The term of this License shall begin on the License Date and continue until terminated as provided herein. 4. Condition and Maintenance of Encroachment. The City makes no representation or warranty as to the condition or suitability of the Encroachment or the Property’s ability to support the same. Licensee, its successors and assigns, shall be responsible for maintaining the Encroachment in a manner that is in compliance with Apple Valley Code of Ordinances. 5. Improvements. Licensee shall not make Imp rovements within the Drainage Easement other than those expressly described herein without obtaining a written amendment to this License, except for the type of Improvements that is allowed by a property owner within a drainage and utility easement pursuant to Apple Valley Code of Ordinances. Except for the initial construction of the Improvements, Licensee, its successors and assigns, shall provide at least thirty (30) calendar days written notice to the City of its intent to replace any of the I mp rovements. This License shall in no way limit Licensee’s ability to make Improvements to those portions of the Property that are not within the Easement. The City reserves, on behalf of it and those entities authorized pursuant to Apple Valley Code of Ordinances, the right and privilege, but not the obligation, to construct, reconstruct, modify, operate and/or maintain Drainage Service Facilities and Utility Service Facilities within the Easement, now and in the future. The City agrees to use reasonable efforts to avoid any modification which would interfere or require modification of the Improvements. 6. Damage to the Drainage Service Facilities within the Easement. Licensee shall be liable to the City, and hold the City harmless, for any costs, damages and reasonable attorneys’ fees incurred by the City as a result of damage to the Utility Service Facilities and DRAFT 3 Drainage Service Facilities within the Drainage Easement caused intentionally or negligently by the Licensee or any of Licensee’s agents, employees, tenants, invitees and/or guests. 7. Indemnification. Licensee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, which are caused in whole or in part by any act or omission of Licensee and any of Licensee’s agents, employees, tenants, invitees and/or guests while encroaching upon the Encroachment Area. 8. Termination. After the Encroachment is removed, either the City or Licensee may terminate this License upon providing written notice of termination to the other party at least ninety (90) calendar days before the termination date identified in the written notice. Termination of the License by either Party shall have no effect on either the rights and/or obligations established by the Drainage Easement. 9. Default. Licensee shall be deemed in default if it fails to perform or comply with any of its obligations under this License. In the event of default by Licensee, the City may provide written notice to Licensee of default, which Licensee must cure within fourteen (14) calendar days from the date of the written notice (“Cure Period”). If Licensee fails to address the default to the City’s satisfaction within the Cure Period, the City may terminate this License and remove Licensee’s Improvements from the Encroachment Area, except those that are allowed by a property owner within a drainage and utility easement pursuant to Apple Valley Code of Ordinances. In the event of a default by Licensee, the Licensee shall reimburse the City for all costs and expenses incurred by the City in connection with enforcing this License, including, but not limited to, the City’s attorneys’ fees and cost of removal of Licensee’s Improvements. 16. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or by overnight carrier to the following addresses: If to City, to: City of Apple Valley 7100 147th Street West Apple Valley, MN 55124 Attn: City Administrator With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 Attn: Michael G. Dougherty, City Attorney DRAFT 4 If to Licensee, to: Bigos-Nuvelo, LLC 8325 Wayzata Blvd. Golden Valley, MN 55426 Attn: Luke Hedberg 17. Successors and Assigns. This License and conditions imposed herein shall be binding upon and inure to the benefit of Licensee, its successors and assigns. Licensee may assign this License without the prior consent of the City to any subsequent purchaser or lessee of the Property to which this License is subject. 18. Miscellaneous. a. Authority. City and Licensee represent that each, respectively, has full right, power, and authority to execute this License. b. Governing Law. This License shall be construed in accordance with the laws of the State of Minnesota. c. Force Majeure. Notwithstanding any other provisions in this License, no default, delay or failure to perform on the part of either party shall be considered a breach of this License if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the defaulting Party, including but not limited to, causes such as riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, or nuclear disasters (a “Force Majeure Event”). d. Third Party Beneficiaries. Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person other than the Parties hereto, and their permitted successors and assigns, any rights or remedies under or by reason of this License. e. No Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by either Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. f. Survival of Obligations. The Licensee’s obligations under this License shall survive the termination of this License. IN WITNESS WHEREOF, the undersigned Parties have executed this License. [Signature pages follow.] DRAFT 5 LICENSE AGREEMENT Signature Page for the City City of Apple Valley Dated: ______________________ ___________________________________ By: Mary Hamann-Roland Its: Mayor Dated: ______________________ ___________________________________ By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _______, 2018, by Mary Hamann-Roland and Pamela J. Gackstetter, respectively the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the City of Apple Valley. _____________________________ Notary Public DRAFT 6 LICENSE AGREEMENT Signature Page for the Licensee Bigos-Nuvelo, LLC a Minnesota limited liability company Dated: ______________________ ___________________________________ By: Theodore Bigos Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of _________________, 2018, by Theodore Bigos, who being by me first duly sworn, did say that he is the Chief Manager of Bigos-Nuvelo, LLC a Minnesota limited liability company, on behalf of the company. _____________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 PV: 0066-38844 DRAFT 7 EXHIBIT A ENCROACHMENT AREA DRAFT PARTIAL RELEASE OF ACCESS RESTRICTION EASEMENT THE CITY OF APPLE VALLEY, a Minnesota municipal corporation (“City”), in consideration of good and valuable consideration, does hereby release its interest in a portion of the Easement Area described in that certain Access Restriction Easement granted by Legacy Holdings-AVN, LLC a Minnesota limited liability company, in favor of the City dated May 27, 2004 and recorded as Document No. 2284302 in the Office of the Dakota County Recorder; to- wit: That part of the Access Restriction Easement lying within Lot 1, Block 1, Nuvelo, according to the recorded plat thereof, and described as follows: A strip of land 1 foot in width over that part of said Lot 1 lying north of and adjacent to the south line of said Lot 1 and lying east of a point 124.00 feet east of the southwest corner of said Lot 1 as measured along said south line and west of point 151.00 feet east of said Lot 1 as measured along said south line, depicted on Exhibit A, attached hereto and incorporated herein. IN WITNESS WHEREOF, the foregoing City has caused these presents to be executed this ______ day of _____________, 2018. City of Apple Valley, a Minnesota municipal corporation _________________________________ By: Mary Hamann-Roland Its: Mayor ________________________________ By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) 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 C ity 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 PV: 0066-38844 EXHIBIT A CITY OF APPLE VALLEY RESOLUTION NO. 2018- PLANNED DEVELOPMENT AGREEMENT APPROVAL NUVELO 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 amendments to Planned Development No. 739 on October 16, 2017; and WHEREAS, the City Planning Commission recommended approval of the zoning amendments on December 6, 2018; and WHEREAS, the City Council approved the zoning amendments on December 28, 2018, by adopting Ordinance No. 1037; and WHEREAS, the City Council approved the zoning amendments to Planned Development No. 739 and the Nuvelo final plat and development agreement on June 28, 2018; and WHEREAS, pursuant to Chapter 155 of the City Code and the Planned Development agreement between the applicant and the City detailing the conditions of approval of the amendments to Planned Development No. 739 for the Nuvelo 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: NUVELO ADOPTED this 28th 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 Nuvelo This Planned Development Agreement (“Agreement”) is made by and between the City of Apple Valley, a Minnesota municipal corporation, (hereinafter the “City”) and Bigos-Nuvelo, 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 Nuvelo (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. 739, Zones 2 and 3; 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 31, governing Planned Development Designation No. 739, Zones 2 and 3, as amended (see Exhibit “A”, attached hereto and incorporated herein), and the Conditions of Preliminary Plat Approval (see Exhibit “B” attached hereto and incorporated herein.) 3. 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 inspection in full-size format at the Apple Valley Municipal Center. 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 DRAFT 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. Bigos-Nuvelo, LLC a Minnesota limited liability company _________________________________ By: Theodore Bigos Its: Manager STATE OF _______________ ) ) ss. COUNTY OF _____________ ) On this ___ day of ____________, 2018, before me a Notary Public within and for said County, personally appeared Theordore Bigos to me personally known, who being by me duly sworn, did say that he is the Manager of Bigos-Nuvelo, LLC, a Minnesota limited liability company, as Manager of Bigos-Nuvelo, LLC, a Minnesota limited liability company named in the instrument, and that said instrument was signed on behalf of said company as the free act and deed of the company. _________________________________ Notary Public DRAFT 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) DRAFT EXHIBIT B DRAFT DRAFT DRAFT City of MEMO Community Development TO: Mayor, City Council Members, City Administrator FROM: Bruce Nordquist, AICP, Community Development Director MEETING DATE: June 28, 2018 SUBJECT: Modifications to Development Agreement for Bigos-Nuvelo Development Attached for the City Council’s information are marked up pages from the Development Agreement with Bigos-Nuvelo LLC for the Nuvelo development (formerly Bigos Kelley Park Phase III) located at 6901 – 153rd Street W. and 6780 Fortino Street directly south of Kelley Park. The Development Agreement is scheduled to be considered at the City Council’s June 28, 2018, meeting and this material will be added to the staff Planning report for this item. Staff proposes to amend the agreement by reducing the amount of the financial guarantee as it relates to the landscape security. Currently, the City requires that landscaping, a private developer improvement, be secured through the subdivision financial guarantee at 125% of the landscape budget. The landscape budget for the two buildings is 2.5% of the value of the cost of the construction of the buildings or $731,864. Adding a 125% security would bring the landscape security to $914,830. Staff proposes to use a 100% value instead of 125% for the landscape security. This will ensure that the landscaping will be installed as approved, but not unduly burden the developer. The proposed reduction would only be related to the landscape portion of the subdivision financial guarantee. No other changes are proposed. By reducing the landscape security to 100% of the value of the landscaping, the developer would receive a reduction of $182,966 on the security. The developer states this reduction is critical because landscaping isn’t completed until the end of the 12 to 14 month construction project. 5 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 Block 1, at the Developer’s sole cost and expense. N. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of $601,611.00 (“Financial Guaranty”) to secure the performance and payment of the Developer's obligations under this Section 5 of the Agreement, in a form and with terms to the sole satisfaction of the City, until all the obligations under this Agreement are fulfilled. Periodically upon Developer’s written request and upon completion and verification of satisfactory compliance of the Municipal Improvements; a like percentage of that portion of the Financial Guaranty covering those specific completed improvements will 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 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 cash escrow shall be in lieu of the remaining Financial Guaranty and remain in force until the City confirms that the deficiency has been corrected, not to be unreasonably delayed or exceed five (5) years. O. To pay the City's reasonable costs related to the Section 6 and this Agreement, including but not limited to 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 $36,000 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 7 prior to any construction or land-disturbing activity in connection with the development of the Block. 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 6 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 Block 2, at the Developer’s sole cost and expense. N. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of $791,059.00 (“Financial Guaranty”) to secure the performance and payment of the Developer's obligations under this Section 6 of the Agreement, in a form and with terms to the sole satisfaction of the City, until all the obligations under this Agreement are fulfilled. 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 will be released; except however the final twenty percent (20%) of that portion of the Financial Guaranty covering I T E M: 4.O. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving L ebanon Cemetery F inal Plat S taff Contact: Thomas L ovelace, City Planner Department / Division: Community Development Department Applicant: City of Apple Valley P roject Number: P C18-10-F Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Adopt resolution approving the Lebanon C emetery final plat. S UM M ARY: For your consideration is a request for approval of the Lebanon Cemetery final plat, which consists of the consolidation of two unplatted parcels and a platted outlot located at the southeast corner of 150th Street West (C S A H 42) and Pilot Knob Road (C S A H 31). T he 9.37-acre and 2.25-acre unplatted parcels will be combined with a 2.1-acre outlot to create one lot of record. Approval of the final plat will also dedicate 1.44 acres of property for right-of-way over and across portions of the existing Pilot Knob Road and 150th Street West roadways, which abut the cemetery to the west and north. T he existing access drives off Pilot Knob Road and 150th Street West will remain and a new access drive will be created from Embry Path to the east. 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 : L ocation Map Resolution F inal Plat CITY OF APPLE VALLEY RESOLUTION NO. 2018 - ___ FINAL PLAT APPROVAL FOR CORRECTION OR RECOMBINATION LEBANON CEMETERY WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision and platting of land within its borders; and WHEREAS, a request has been made to the City to approve a corrective plat which serves to either readjust a common boundary, consolidate parcels into a fewer number of parcels, or plat previously unplatted property; and WHEREAS, pursuant to Section 153.34 of the Apple Valley Code of Ordinances, provision is made to approve a plat without benefit of a public hearing, provided the plat does not create additional lots or new streets and is not defined as a subdivision pursuant to Minnesota Statutes 462.352. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the final plat of the following described plat of land is found to comply with the applicable standards of Chapter 153 of the City Code and is hereby approved, waiving the requirement for a development agreement, and that the Mayor and City Clerk are authorized to sign the same, to wit: LEBANON CEMETERY BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said description 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 28th day of June, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk 2 CERTIFICATE As Apple Valley City Clerk, I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council and the final plat is hereby released for recording with the Dakota County Recorder this _____ day of _____________________, _______. ____________________________________ Pamela J. Gackstetter, City Clerk H:\APVA\N14115541\CAD\C3D\115541FP01.dwg 4/06/2018 8:37 A.M R KNOW ALL PERSONS BY THESE PRESENTS: That the City of Apple Valley, a Minnesota municipal corporation under the laws of the State of Minnesota, owner and proprietor of the following described property, situated in the County of Dakota and the State of Minnesota to-wit: Two acres off the Northwest corner of the NW 1 4 of Section 36, Township 115, Range 20 commencing 2 rods from the Northwest corner stake and running thence 16 rods East thence South 20 rods thence West 16 rods and thence North toward the place of beginning 20 rods, Dakota County, Minnesota. AND That part of the Northwest 1 4 of Section 36, Township 115, Range 20, Dakota County, Minnesota described as follows: Beginning at the Northwest corner of said Northwest 1 4 ; thence South 89 degrees 42 minutes 57 seconds East, assumed bearing, along the North line thereof, 833.00 feet; thence South 00 degrees 00 minutes 40 seconds East parallel with the West line of said Northwest 1 4, 570.00 feet; thence North 89 degrees 42 minutes 57 seconds West, parallel with the North line of said Northwest 1 4 , 293.93 feet; thence Westerly and Southwesterly along a tangential curve which is concave to the South, radius of 420.68 feet, central angle of 26 degrees 44 minutes 36 seconds 196.36 feet to a point of reverse curve; thence Southwesterly and Westerly along said curve which is concave to the North, radius of 420.68 feet, central angle of 26 degrees 44 minutes 36 seconds, 196.36 feet; thence North 89 degrees 42 minutes 57 seconds West, tangent to the last described curve, 160 feet to the West line of said Northwest 1 4; thence North 00 degrees 00 minutes 40 seconds West, along said West line 660.00 feet to the point of beginning, except Parcel, described as follows: Parcel: Two acres off the Northwest corner of the NW 1 4 of Section 36, Township 115, Range 20 commencing 2 rods from the Northwest corner stake and running thence 16 rods East thence South 20 rods thence West 16 rods and thence North toward the place of beginning 20 rods, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. AND Outlot B, Cortland Sixth Addition, Dakota County, Minnesota Has caused the same to be surveyed and platted as LEBANON CEMETERY and does hereby dedicate to the public for public use the public ways created by this plat. In witness whereof said City of Apple Valley, a Minnesota municipal corporation under the laws of the State of Minnesota, has caused these presents to be signed by its proper officers this ______ day of __________________ , 2018. CITY OF APPLE VALLEY By ____________________________________ , its Mayor By ____________________________________ , its Clerk Mary Hamann-Roland Pamela Gackstetter STATE OF MINNESOTA COUNTY OF DAKOTA This instrument was acknowledged before me on ________________________ by Mary Hamann-Roland, Mayor and Pamela Gackstetter, Clerk of the City of Apple Valley, a Minnesota municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. (SIGNED)____________________________________ (PRINT)_____________________________________ Notary Public, __________________ County My Commission Expires ________________ I, Russell O. Halverson, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this ______ day of __________________ , 2018 ____________________________________ Russell O. Halverson, Licensed Land Surveyor Minnesota License No. 41813 STATE OF MINNESOTA COUNTY OF DAKOTA This instrument was acknowledged before me on ________________________ by Russell O. Halverson, Minnesota License No. 41813. (SIGNED)____________________________________ (PRINT)_____________________________________ Notary Public, __________________ County My Commission Expires ________________ CITY COUNCIL, CITY OF APPLE VALLEY, STATE OF MINNESOTA This plat of LEBANON CEMETERY was approved and accepted by the City Council of the City of Apple Valley, Minnesota, this ______ day of __________________ , 2018 and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03 Subd. 2. _____________________________________ ______________________________________ Mayor Clerk COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this ______ day of __________________ , 2018. By ____________________________________ Todd B. Tollefson Dakota County Surveyor BOARD OF COUNTY COMMISSIONERS, COUNTY OF DAKOTA, STATE OF MINNESOTA We do hereby certify that on the ______ day of ______________________ , 2018 the Board of Commissioners of Dakota County, Minnesota approved this plat of LEBANON CEMETERY and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2 and pursuant to the Dakota County Contiguous Plat Ordinance. By _____________________________________ Chair, County Board By _____________________________________ County Treasurer-Auditor DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 2018 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this ______ day of ______________________ , 2018. ______________________________________ Director Joel T. Beckman Department of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of LEBANON CEMETERY was filed in the office of the County Recorder for public record on this ______ day of __________________ , 2018, at ______ o'clock ______ . M. and was duly filed in Book ________________ of Plats, Page ________, as Document Number ____________________. ____________________________________ Joel T. Beckman County Recorder 0 SCALE IN FEET 60 120 180 240 NOT TO SCALE VICINITY MAP NOT TO SCALE VICINITY MAP LEGEND MONUMENT FOUND MEASURED DIMENSIONS DEED DIMENSIONS (M) (DEED) DENOTES RESTRICTED ACCESS PER DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE H:\APVA\N14115541\CAD\C3D\115541FP01.dwg 4/6/2018 8:37A.M R 1/2" IRON PIPE MONUMENT SET MARKED BY LIC. NO. 41813 SURVEYOR'S NOTE 1. Orientation of the bearing system is based upon the north line of the northwest Quarter of Section 36, Township 115, Range 20, Dakota County, Minnesota, which is assumed to bear South 89 degrees 56 minutes 27 seconds East . FOUND DAKOTA COUNTY MONUMENT I T E M: 4.P. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A pprove Water Quality I mprovement Cost Share Program Agreement with Allen F. Tuff and P amela J o Krause for Raingarden I nstallation at 14255 F ossil L ane S taff Contact: J ane Byron, Water Quality Technician Department / Division: Natural Resources Division AC T I O N RE Q UE S T E D: Approve Water Quality Improvement Cost Share Program Agreement with Allen F. Tuff and Pamela J o Krause for raingarden installation at 14255 Fossil Lane; payment not to exceed $500.00 per project. S UM M ARY: T he following water quality cost share application was received by C ity staff and the project was determined to be eligible for the program. Name Address P roject Watershed Allen F. Tuff and Pamela J o Krause 14255 Fossil Lane Raingarden West Vermillion River T he standard C ity water quality improvement cost share program agreement approved by the City Attorney was utilized for this project. B AC K G RO UND: In 2009 the City of Apple Valley began a voluntary cost share program for residential, multiple-family, or institutional property owners to promote the installation of water quality improvements. T hese improvements typically consist of rain gardens, native gardens, buffers, and shoreline stabilization projects to reduce and treat stormwater runoff prior to its entering the stormwater system. T his cost share program assists the C ity in meeting State and Federal storm water management requirements. T he program provides for reimbursement of 50 percent of qualifying expenses, not to exceed a total reimbursement from the C ity of $500.00. T he program requires that the property owner maintain their project to meet program standards for a period of no less than seven years. T his is the first Water Quality Improvement C ost Share application the City has received in 2018. B UD G E T I M PAC T: T he maximum allowable reimbursement is $500.00 per lot or project. Funding for this program is included in the 2018 operating budget for the Storm Drainage Utility. I T E M: 4.Q. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with Midwest F ence & Mfg. Co. for P roject 2018-141, Backstop Fabric Replacement F ields #6 & #7 at J ohnny Cake Ridge P ark West S taff Contact: Director, Barry Bernstein Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve agreement with Midwest Fence & Mfg. C o. for Project 2018-141, Backstop Fabric Replacement Fields #6 & #7 at J ohnny Cake Ridge Park West, in the amount of $12,357.00. S UM M ARY: Staff is seeking authorization to enter into an agreement with Midwest Fence & Mfg. Co. in the amount of $12,357.00. Funds have been allocated within the 2018 Budget for this project. B AC K G RO UND: On April 23, 2018, request for proposal packages for backstop fabric replacement were sent to Midwest Fence & Mfg. Co, Dakota Fence & Manufacturing C o., and Spiral Fence Company. As of the deadline on Friday J une 15th, only one response was received, from Midwest Fence & Manufacturing C o. totaling $12,357.00. Staff has since tried to contact the other vendors and have had no response. Midwest Fence & Mfg. C o. has done work for the C ity in the past and given a fair price. Staff is seeking authorization to enter into an agreement with Midwest Fence & Mfg. Co. in the amount of $12,357.00. B UD G E T I M PAC T: $12,357.00 (2018 Budget item) AT TAC HM E NT S : Proposal I T E M: 4.R. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A pprove Acceptance and Final P ayment on A greement with Pro-Tec Design, I nc., for Municipal Center Security Camera S ystem 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: Approve acceptance and final payment on agreement with Pro-Tec Design, Inc., for Municipal C enter Security Camera System, in the amount of $0.00. S UM M ARY: T he C ity has been migrating its building surveillance cameras and recording systems onto a common platform. Many of the cameras in the Municipal Center and Police Facility date back to the 1990's and use technologies that were no longer compatible with modern digital recording. T hese incompatibilities were causing frequent problematic recording errors. A few areas were currently not covered with cameras that need camera coverage. T his project replaced and added cameras to the Municipal Center and connected them to the C ity's network. T he contract sum prior to the approval of the change orders was $50,086.72. With the approval of the change orders, the contract sum is $49,857.33. B AC K G RO UND: Security surveillance is a critical part of the City's security systems. T he City is migrating all of its site surveillance to a common system that can be easily monitored over the C ity's network. Staff authorized two progress payments during the project, retaining $1,000.00 for final payment. T he C ity then authorized a change order that had a significant deduction of $1,229.39, exceeding the $1,000.00 that had been withheld for final payment. As a result, the Contractor has reimbursed the City in the amount of $229.39 and the final payment amount will be $0.00. Staff recommends the City C ouncil approve acceptance and final payment on agreement with Pro-Tec Design, Inc., for Municipal C enter Security Camera System in the amount of $0.00. B UD G E T I M PAC T: T he $49,857.33 is from the C able T V C apital Fund which is providing funds for the camera project this year. AT TAC HM E NT S : F inal Pay Documents I nvoice Pro-Tec Design, Inc. 5929 Baker Road Suite 400 Minnetonka, MN 55345 (763)231-8619 Billing Type Progress Billing Method Fixed Fee Amount 49,857.33$ Company Name City of Apple Valley Contact Name Charles Grawe Other Charges Billable Other Charges Billing Detail: Original Contract Sum: $50,086.72 Net Change by Change Orders: ($229.39) Contract Sum to Date: $49,857.33 Total Completed and Stored to Date: $49,857.33 Less Previous Certificates for Payment: $49,857.33 Current amount due: $0.00 Balance to finish: $0.00 Progress Invoice Product & Other Charges Qty Price Amount ADDITIONAL CAMERA LICENSES LOADED ON SERVER SOFTWARE, XPROTECT EXPERT, DEVICE LICENSE, 1 CHANNEL 13 236.72 3,077.36$ PMA SOFTWARE SUPPORT, EXPERT DEVICE LICENSE, 1 YEAR 13 43.12 560.56$ REPLACEMENT CAMERAS EXTERIOR CAMERAS DAY/NIGHT FIXED DOME WITH SUPPORT FOR OPTIMIZED IR WITH BUILT-IN ADAPTABLE 3 622.11 1,866.33$ IR ILLUMINATORS, AND WDR FORENSIC CAPTURE CAMERA, NETWORK, DOME, FORENSIC WDR, 5MP, OPTIMIZED IR 2 800.11 1,600.22$ INTERIOR CAMERAS DOME & NETWORK CAMERA, MINI, INDOOR, FIXED, ULTRA COMPACT, WALL OR CEILING 5 177.11 885.55$ MOUNT, DUST & VANDAL-RESISTANT 720P, FIXED LENS, E, POE ULTRA-COMPACT, INDOOR FIXED WIDE-ANGLE 4MP WIDE-DYNAMIC MINIDOME WITH 2 328.41 656.82$ ZIPSTREAM CAMERA, NETWORK, INDOOR FIXED DOME, VANDAL RESISTANT, BUILT-IN IR, 2.8-10 MM 4 444.11 1,776.44$ VFL, H.264/MJPEG, WDR-FORENSIC CAPTURE, ZIPSTREAM, BUILT-IN MICROPHONE, 720P DAY/NIGHT FIXED DOME - WDR - OPTIMIZED IR BUILT-IN, FORENSIC CAPTURE AND 4 515.31 2,061.24$ LIGHTFINDER - IK08 - 1080P - ZIPSTREAM - 3-10.5MM LENS DAY/NIGHT, DOME CAMERA, 3-10MM LENS, P-IRIS, AUDIO, 720P, ZIPSTREAM 5 533.11 2,665.55$ INDOOR CUBE CAMERA, 1080P, 2.8 FIXED LENS, DAY/NIGHT, IR, ZIPSTREAM, POE,1 248.31 248.31$ BUILT-IN AUDIO 1080P, DAY/NIGHT, FIXED CAMERA WITH CS MOUNT, 2.8-8MM LENS, P-IRIS, WDR, ZIPSTREAM 7 666.61 4,666.27$ SOUTHWEST PARKING/DOORS TO PD MOUNTING HARDWARE PENDANT KIT, OUTDOOR RATED, P32 SERIES 1 43.61 43.61$ Apple Valley, MN 55124-7519 United States Bill To: City of Apple Valley Attn: Charles Grawe 7100 147th Street West PO Number Reference Net 30 Days 4/28/2018 signed-Mary Hamann-Roland Terms Due Date Date Invoice 3/29/2018 85118-1 Account CITYAPPLEVALLEY WALL MOUNT WITH INTERNAL CABLE CANAL FOR DOME CAMERAS WITH 1.5 IN NPS THREAD 1 34.71 34.71$ CABLE, CAT6, YELLOW 6125 0.33 2,021.25$ CABLE, 18/2, PLENUM, STRANDED, NON-SHIELDED 350 0.12 42.00$ SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT 33 1.74 57.42$ CAT6 QUICKPORT CONNECTOR JACK IVORY 33 6.58 217.14$ CAT6 PATCH CABLE, 3-FOOT, YELLOW, SLIM BOOT 66 1.76 116.16$ 3.5mm CONNECTORS FOR ADDING EXISTING MICROPHONES TO CAMERAS 13 12.00 156.00$ MISC CONNECTORS, FASTENERS, ENDS, BACK BOXES 1 480.00 480.00$ WARRANTY & SUPPORT (1 YEAR)1 340.00 340.00$ SHIPPING 1 377.78 377.78$ IMPLEMENTATION SERVICES ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 14 88.00 1,232.00$ PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 29 88.00 2,552.00$ STATE CONTRACT TECHNICIAN 240 88.00 21,120.00$ CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 14 88.00 1,232.00$ CHANGE ORDER #1 LEVITON 24 PORT 1RU QUICKPORT BLANK PATCH PANEL 1 99.99 99.99$ #41 Swap standard to 180 camera CAMERA, NETWORK, DOME, FORENSIC WDR, 5MP, OPTIMIZED IR -1 800.11 (800.11)$ MULTISENSOR FIXED DOME CAMERA, 4 X 1080P, ZIPSTREAM 1 1,067.11 1,067.11$ WALL BRACKET. FOR USE WITH AXIS P55-SERIES, AXIS Q60-SERIES PTZ DOME NETWORK 1 74.76 74.76$ CAMERAS, AXIS P33 SERIES PENDANT KIT, AXIS P33-VE SERIES PENDANT KIT, AXIS 225 PENDANT KIT AND AXIS 216/P3301 PENDANT KIT. INCLUDES MOUNTING PLATE. WHITE. PENDANTMOUNTING KIT, P3707, WEATHER CAP, 1.5" NPS WALL MOUNT 1 88.11 88.11$ Swap PD Front Entrance #42 to have audio DAY/NIGHT FIXED DOME - WDR - OPTIMIZED IR BUILT-IN, FORENSIC CAPTURE AND -1 515.31 (515.31)$ LIGHTFINDER - IK08 - 1080P - ZIPSTREAM - 3-10.5MM LENS Day/night 1 622.11 622.11$ Juv Interview Room #20 did not have an IP Camera Day/night 1 622.11 622.11$ #25 - Existing IP - did not need a new camera CAMERA, NETWORK, INDOOR FIXED DOME, VANDAL RESISTANT, BUILT-IN IR, 2.8-10 MM -1 444.11 (444.11)$ VFL, H.264/MJPEG, WDR-FORENSIC CAPTURE, ZIPSTREAM, BUILT-IN MICROPHONE, 720P #4 and #15 - Ext Cameras would look better/work better with mounts PENDANT KIT, OUTDOOR RATED, P32 SERIES 2 43.61 87.22$ WALL MOUNT WITH INTERNAL CABLE CANAL FOR DOME CAMERAS WITH 1.5 IN NPS THREAD 2 34.71 69.42$ CHANGE ORDER #2 CREDIT OF LABOR AND UNUSED CABLE FOR REUSE OF CABLE STATE CONTRACT TECHNICIAN -16 88.00 (1,408.00)$ CABLE, CAT6, YELLOW -3600 0.33 (1,188.00)$ LABOR TO IDENTIFY, PATCH AND TEST EXISTING CABLE STATE CONTRACT TECHNICIAN 8 88.00 704.00$ REPLACE CAMERA #10 LOOKING AT FRONT RECEPTION DAY/NIGHT FIXED DOME - WDR - OPTIMIZED IR BUILT-IN, FORENSIC CAPTURE AND 1 515.31 515.31$ LIGHTFINDER - IK08 - 1080P - ZIPSTREAM - 3-10.5MM LENS STATE CONTRACT TECHNICIAN 2 88.00 176.00$ Total Product & Other Charges:49,857.33$ Less Amount Paid:(49,857.33) $49,857.33 $0.00 $0.00 THANK YOU FOR YOUR BUSINESS! Make checks payable to Pro-Tec Design, Inc. Invoice Sub-total: Sales Tax: Invoice Total: I T E M: 4.S. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Consent A genda Description: A pprove Acceptance and Final P ayment on Agreement with Grendahl Mechanical, L L C, for P roject 2017-137, Central Maintenance F acility (C MF) and P olice Department Air Handling Unit Upgrades S taff Contact: Dean J acobson, Public Works Supervisor - F leet / B uilding Maint Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: Approve acceptance and final payment on agreement with Grendahl Mechanical, LLC , for Project 2017-137, C entral Maintenance Facility (C MF) and Police Department Air Handling Unit Upgrades, in the amount of $8,274.25. S UM M ARY: Attached please find the sixth and final payment for Project 2017-137, Central Maintenance Facility (C MF) and Police Department Air Handling Unit Upgrades. All improvements associated with the project are complete and in acceptable condition. T his final payment of $8,274.25 will close the agreement with Grendahl Mechanical, LLC , and result in a total project cost of $165,485.00. B AC K G RO UND: On J uly 13, 2017, the C ity C ouncil awarded an agreement to Grendahl Mechanical LLC, in the amount of $165,485.00 for Project 2017-137, C entral Maintenance Facility (C MF) and Police Department Air Handling Unit Upgrades. Resolution 2017-108. B UD G E T I M PAC T: Funding for this project is from the 2016 Budget carried over to the 2017 Budget by C ouncil Resolution 2016-228. AT TAC HM E NT S : F inal Pay Documents Grendahl Mechanical 7101 York Avenue South, Suite 260 EDINA, MN 55435 US (952) 924-1021 acct@grendahl.co www.grendahl.co INVOICE BILL TO 17-108 Apple Valley CMF & Police INVOICE #1315 DATE 06/08/2018 DUE DATE 06/08/2018 TERMS Due on receipt ACTIVITY AMOUNT HVAC Retainage 8,274.25 BALANCE DUE $8,274.25 I T E M: 4.T. C O UNC I L ME E T I NG D AT E :J une 28, 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 28, 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) Connor Bass Hire Lifeguard I Casual, Seasonal 1940 $ 10.50 Hourly C-02 6/15/2018 Morgan Bragg Rehire Lifeguard II Casual, Seasonal 1940 $ 11.95 Hourly C-02 5/27/2018 Anita Burke Hire Elections Assistant Casual, Seasonal 1015 $ 16.00 Hourly C-10 7/15/2018 Nicole Clifton Accept Resignation Police Records Technician Full-Time, Regular 1200 6/29/2018 Danya Coe Rehire Lifeguard I Casual, Seasonal 1940 $ 11.00 Hourly C-02 5/30/2018 Deborah Cordes Hire Elections Assistant Casual, Seasonal 1015 $ 16.00 Hourly C-10 7/15/2018 Penelope Curry Hire Elections Assistant Casual, Seasonal 1015 $ 16.00 Hourly C-10 7/15/2018 Anja Dauk Rehire Lifeguard I Casual, Seasonal 1940 $ 11.00 Hourly C-02 6/15/2018 Sarah Dauw Hire Lifeguard I Casual, Seasonal 1940 $ 10.00 Hourly C-02 6/15/2018 Sarah Enochs Rehire Lifeguard I Casual, Seasonal 1930 $ 10.75 Hourly C-02 6/5/2018 Anders Gloege Torp Rehire Lifeguard I Casual, Seasonal 1940 $ 10.75 Hourly C-02 6/12/208 Soren Gloege Torp Rehire Lifeguard I Casual, Seasonal 1940 $ 11.00 Hourly C-02 6/12/2018 Madison Krchnavy Rehire Water Safety Instructor Casual, Seasonal 1930 $ 12.20 Hourly C-04 6/8/2018 Davanika Langseth Hire Facility Attendant Casual, Variable Hour 1930 $ 10.00 Hourly C-01 6/8/2018 MaryAnne Lantz Hire Elections Assistant Casual, Seasonal 1015 $ 16.00 Hourly C-10 7/15/2018 Nicole Martchev Rehire Lifeguard I Casual, Seasonal 1930 $ 11.00 Hourly C-02 6/5/2018 Will Michels Rehire Lifeguard II Casual, Seasonal 1940 $ 11.95 Hourly C-02 6/16/2018 Matthew Moorlach Hire Facility Attendant Casual, Seasonal 1930 $ 10.00 Hourly C-01 6/8/2018 Michele Mueller Hire Elections Assistant Casual, Seasonal 1015 $ 16.00 Hourly C-10 7/15/2018 Joe Przybylski Acting Assignment Working Foreman Full-Time, Regular 1600 $ 32.87 Hourly UMW 6/29/2018 Cheryl Rextraw Hire Elections Assistant Casual, Seasonal 1015 $ 16.00 Hourly C-10 7/15/2018 Lindsey Schmidt Hire Puppet Performer Casual, Seasonal 1800 $ 10.00 Hourly C-01 6/18/2018 Kyle Schnichels Hire Maintenance I Casual, Seasonal 1600 $ 12.16 Hourly SM1 6/18/2018 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 28, 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) Grace Stachel Hire Lifeguard I Casual, Seasonal 1940 $ 10.50 Hourly C-02 6/15/2018 Kenny Ta Rehire Facility Attendant Casual, Seasonal 1800 $ 10.50 Hourly C-01 6/9/2018 Deborah Wessman Hire Elections Assistant Casual, Seasonal 1015 $ 16.00 Hourly C-10 7/15/2018 John Woehler Rehire Lifeguard I Casual, Seasonal 1940 $ 11.00 Hourly C-02 6/8/2018 Jack Wright Hire Maintenance I Casual, Seasonal 1600 $ 12.16 Hourly SM1 6/18/2018 Bridget Zappe Hire Lifeguard I Casual, Seasonal 1940 $ 10.50 Hourly C-02 6/5/2018 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.U. C O UNC I L ME E T I NG D AT E :J une 28, 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 J une 6, 2018, and J une 14, 2018, in the amounts of $1,772,886.48, and $1,538,917.73, respectively. AT TAC HM E NT S : Claims and Bills Claims and Bills I T E M: 5.A. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Regular A genda Description: Firefighter I ntroduction and Oath of Office 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: City Clerk Pamela Gackstetter will administer the Oath of O ffice to a new Firefighter who recently completed probation. T his will be immediately followed by the pinning of the Firefighter's Badge. It is customary for a firefighter to choose someone special to them to bestow the honor of pinning on their badge for the first time. S UM M ARY: Probationary Firefighter J oseph Homme began his service with the Apple Valley Fire Department when he was hired in 2017. He attended a recruit academy for seven months, completing course work online and one day a week learning the practical skills of firefighting, rescue, apparatus operator, hazardous materials, and emergency medical services. In total he received more then 210 hours of training. T hat training provided the knowledge, skills, and abilities to successfully pass four certification tests (written and practical) Firefighter 1 and 2, Hazardous Materials Operations, and Emergency Medical Responder. Following the initial training period (academy) he has been responding as a probationary firefighter, continuing his education and gaining hands-on experience. We would now like to mark the end of J oe's probationary period with this introduction, oath of office, and badge presentation. Please join me in congratulating J oseph Homme on the presentation of his Firefighter's badge. Immediately following; we will convene to the McIntosh room for a light reception. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 5.B. C O UNC I L ME E T I NG D AT E :J une 28, 2018 S E C T I O N:Regular A genda Description: A ppliance S mart B uilding Addition, 7370 153rd Street West S taff Contact: Thomas L ovelace, City Planner Department / Division: Community Development Department Applicant: S eventy Three S eventy, L L C P roject Number: P C18-06-C B Applicant Date: 3/7/2018 60 Days: 5/5/2018 120 Days: 7/4/2018 AC T I O N RE Q UE S T E D: 1. Adopt a resolution approving a conditional use permit to allow for a 2,973-sq. ft. C lass II restaurant with drive-through window service on Lot 2, Block 1, Apple Valley Retail 2nd Addition. 2. Adopt a resolution approving site plan/building permit authorization to allow for construction of a 7,087-sq. ft. addition to an existing 48,960-sq. ft. retail building located at 7370 153rd Street West. S UM M ARY: T he applicant is requesting approval of a conditional use permit to allow for a 2,973-sq. ft. Class II restaurant with drive-through window service and site plan/building permit authorization to allow for construction of a 7,087-sq. ft. addition to an existing 48,960-sq. ft. retail building located at 7370 153rd Street West. T he proposed Class II restaurant will be located in the new building addition. T he 4.48-acre lot is located along the south side of 153rd Street West, approximately 1/8- mile east of C edar Avenue. Adjacent uses include Planet Fitness and C ub Foods grocery store to the West, Office Max to the north, the Dollar Tree store to the east and the MVTA (Minnesota Valley Transit Authority) bus layover facility to the south. Planet Fitness, C ub and Dollar Tree are designated "C " (C ommercial) on the C ity's 2030 C omprehensive Land Use Map and "RB" (Retail Business) on the C ity's zoning map. T he Office Max store is designated "C " (C ommercial) and part of the "P D-244" (Planned Development) zoning district, and the bus layover facility is designated "MIX" (Mixed Use) and zoned "PD-507". In 2013, development plans were submitted and approved to allow for construction of a 6,364-sq. ft. addition. T he proposed addition was expected to be the location of a Class I restaurant that included a 1,400-sq. ft. outdoor patio area. Because no building permit was issued within one year of the approval of the site plan/building permit authorization resolution, the approval lapsed. New plans have been submitted for a slightly larger building addition at the same location, which will now include a C lass II restaurant with a drive- through window and an additional tenant. T he Planning C ommission held a public hearing on the conditional use permit request on April 18, 2018. T he public hearing was opened, no comments were received and the hearing was closed. T he C ommission, at their J une 6, 2018, meeting recommended approval of the conditional use permit and site plan/building permit authorization subject to conditions contained within the draft resolutions. B AC K G RO UND: Comprehensiv e P lan: T he 2030 C omprehensive Plan Land Use Map designates the site “C ” (C ommercial). T he proposed addition and conditional use permit request would be in conformance with the existing map designation and the goals and policies of the Plan. Zoning: T he property is currently zoned “RB” (Retail Business). Retail Business districts are areas which are centrally located to serve the need for general retail sales. T he current use is a permitted use within the “RB” zoning district. T he applicant is proposing to construct a 7,087-sq. ft. addition to the existing 48,960-sq. ft. multi-tenant retail building, which is occupied by an Appliance Smart, Becker Furniture and Becker Mattress stores. T he submitted plans indicate a 2,973-sq. ft. C lass II restaurant with drive-through window service in the proposed addition, with space available for an additional tenant. T he "RB" zoning district lists a C lass II restaurant as a conditional use, which is defined a use that is permitted in a particular zoning district subject to meeting all conditions and standards for the location or operation of the use. Conditional Use P ermit Request: A Class II restaurant is a conditional use within the “RB” (Retail Business) zoning district. C onditional uses include those uses generally not suitable in a particular zoning district, but which may, under some circumstances, be suitable. When the circumstances exist, a conditional use permit may be granted. T he C ity may grant a conditional use permit, as the use permit was applied for or in modified form, if it is determined that the proposed location of the conditional use is in accord with the objectives of the comprehensive guide plan and the purposes of the district in which the site is located and would not be materially injurious to properties or improvements in the vicinity. T he Planning C ommission shall recommend a conditional use permit and the C ouncil may issue conditional use permits if it finds that the use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the comprehensive plan and code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. T he original plan showed the entrance to the drive-through lane that would come directly off the drive lane/private street that is shared with the C ub development to the west. Staff indicated in the previous review that the proposed conditional use request would meet all the requirements with the exception of no. 6, specifically the location of the drive-through lane. T he applicant has revised their plans and now shows the drive-through lane being accessed in the Appliance Smart parking lot. Site P lan: T he site plan shows a 7,087-sq. ft. addition that will be attached to the existing building and will be built over a portion of a 44-space surface parking lot located along the west side of the existing building. T his will result in the loss of 25 parking spaces in that west lot. T he applicant is proposing to pick up those lost spaces by adding 23 spaces behind the existing building and four spaces directly in front of the proposed addition. T he site plan shows that the spaces in the rear of the building will be 19 feet long, which is one- foot shorter than what is currently required by code. T he site plan identifies 235 surface parking spaces that will serve the site. T he current Appliance Smart and Becker Furniture and Mattress uses have a demand for a minimum of 69 spaces. T he proposed addition could require a minimum of 47 parking spaces. If the uses in the existing building were to change to a different type of retail operation, the minimum number of parking spaces would increase significantly. T he current parking lot in front of the building and proposed spaces directly north and south of the building addition should be sufficient for the uses in the current building and future uses in the building addition. T he site plan shows an additional 23 spaces in the rear of the building. D uring the initial review of this project, staff expressed concern about the safety of customers and staff using the proposed spaces in the rear of the building, especially during the evening hours, as well as parking next to two outside water valves, downspouts and roof scuppers. Staff stated that parking would not be allowed in front of the outside water valves, and creating a parking space in front of a downspout would reduce the length of those spaces by an additional one- foot of depth to the already deficient depth. And finally, parking perpendicular to the roof scuppers would create a situation where roof runoff would fall directly onto the vehicles parked under them. T herefore, staff does not see the need to add the 23 spaces in the rear of the building at this time. A bump-out area is located along the east side of the private drive, directly adjacent to Appliance Smart's existing 44-space parking lot . T his bump-out is there for the benefit of delivery vehicles leaving the Cub site who need the additional pavement area when making north bound left turns. T he applicant is proposing to reduce that area. Staff requested and received an AutoT URN drawing that showed how delivery trucks will maneuver the private drive when leaving the C ub site. It appears that the loss of turning area for delivery vehicles leaving the C ub property will not have a significant impact. T he applicant is proposing a 500-sq. ft. patio that will be located adjacent to the restaurant in the northwest corner. T he plans do not identify the location of any the building addition's mechanical equipment. All mechanical equipment shall be screened in accordance with the C ity's zoning code. T he applicant should provide information on the on-site location of their building material storage and construction personnel parking areas, and haul routes for material and equipment. Grading P lan: T he site will remain undisturbed with the exception of the excavation work needed for the building construction and extension of the necessary utilities to serve the proposed building addition. Site grading shall occur in conformance with a final grading plan to be submitted for review and approval by the C ity Engineer prior to issuance of any City permits for the proposed building addition. Elev ation Drawings: T he submitted elevation plan indicates an exterior finish that will consist of a combination of brick, rock face block, and EIFS, a type of exterior wall covering that mimics the look of stucco. T he proposed materials meet the current commercial exterior finish materials code requirements. A trash enclosure is located just south of the proposed addition. Elevation plans for the enclosure have not been included with the submittal. T he trash enclosure shall have walls that are architecturally compatible with the exterior finish of the proposed addition. Av ailability of Municipal Utilities: All public utilities necessary to serve the proposed building addition are currently available onsite. A n existing sanitary sewer line is located just north of the south property line and a water main line runs along west property line. Connections will be made from the existing lines to the proposed building addition. Storm sewer lines are currently located within the west parking lot. T he proposed addition will be constructed over one of those lines, which will severely limit access to that line for maintenance or replacement purposes. T he applicant will need to relocate that line to the satisfaction of the City Engineer. A final utility plan shall be submitted for review and approval by the C ity Engineer prior to issuance of any City permits for the proposed building addition. Landscape P lan: T he applicant has submitted a preliminary landscape plan and material list. T he plan shows the size, location, quantity, caliper and species of all plant materials, including ground covers. City code requires that the minimum cost of landscaping materials (live plant material excluding sod) for industrial projects shall be 2½% of the estimated building construction cost based on Means construction data. A detailed planting price list shall be required for verification of the C ity’s 2½% landscaping requirement at the time of submission of plans for a building permit. City staff has reviewed the landscape plan and have the following comments: Of eight proposed trees, six are J apanese tree lilacs, an ornamental tree variety. No more than one-third of the replacement trees shall be of the same species of tree. Please diversify the species and include more large shade trees. Ensure all trees are planted a minimum of 10-15 feet from buildings to allow for full growth with minimal pruning and conflict. Ornamental species near sidewalks and drive aisles will likely become a nuisance as they mature. Only two evergreen shrub species are proposed on the plan. T he site may benefit from additional evergreen shrub varieties in the plantings. Trees should not be planted over proposed or existing utilities Plantings should be added along the north edge of the outdoor seating area as well as the existing raised parking lot islands and sidewalk. T he landscape plans shall be revised in accordance with staff's recommendations. Street Classifications/Accesses/Circulation: Vehicular access will be available via private drive lane located along the south side of 153rd Street West, a minor collector with a design capacity of 5,000-15,000 trips per day. T he street has been designed to accommodate the expected traffic that will be generated by this proposed development. T here are also additional drives that intersect with 153rd Street West from the Cub and Dollar Tree property, which allow access to the subject property via cross access agreements between the property owners. P edestrian Access: A public sidewalk is located along 153rd Street West. A private sidewalk located along the east side the westerly common drive. Sidewalk connections from the existing on-site sidewalk as well as from the rear parking area will be installed. A pedestrian ramp is shown along the south property line. T his ramp will not connect to any sidewalk south of the subject property. T his should not be installed until the location of any sidewalk extension across the property to the south has been identified. Signs: No signage details have been included with their submission. Approval of the site plan/building permit authorization request does not constitute sign approval. A separate sign application will need to be submitted and approved prior to erecting any signs. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Memo Resolution Resolution Area Map Comp Plan Map Z oning Map Site P lan Plan S et Plan S et Elevations L andscaping Plan Presentation CITY OF MEMO Public Works TO: Tom Lovelace, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: June 1, 2018 SUBJECT: Appliance Smart Building Addition Preliminary Plan Review plans dated May 16, 2018. General 1. Provide a narrative and site plan showing how the buildings will be constructed and any impacts. The narrative and plan shall include the following: a. Material Storage i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and Subcontractor Parking i. Onsite trade parking should be provided. 2. All work and infrastructure within public easements or right of way shall be to City standards. 3. Provide Lighting and Photometric plan (one light is being removed in the existing parking lot) Permits 4. Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution Control Agency, Met Council, Department of Labor and any other required permits prior to construction. 5. Department of Labor and Industry (DOLI) shall review private utilities. 6. A right of way permit will be required for all work within public easements or right of way. 7. A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. Site & Traffic 8. Provide AutoTURN drawing showing vehicle-turning movements into drive lane from both north and south directions. Curb radius does not appear to be large enough for vehicles to enter from south. 9. Provide larger curb radii at the entrance of the drive-thru and consider using fan ADA ramp at the west side of driveway entrance. 10. Additional bollards will be required to protect water valves and down spouts along rear of building. 11. ADA pedestrian ramp south of the property doesn’t connect to any sidewalk. Grade changes will be required to meet ADA requirements in the future. Grading, Drainage and Erosion Control 12. Final Grading Plans shall be reviewed and approved by City Engineer. 13. Final Stormwater Management Plan shall be reviewed and approved by City Engineer. 14. Provide the overall site composite Curve Number (CN) along with the impervious % on the area tabulation on the site and grading plan. Storm Sewer 15. Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans and approved by City Engineer. 16. Provide storm sewer calculations for stormwater requirements. (Rational method including Hydraulic grade lines). Sanitary Sewer and Water Main 17. Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final construction plans and approved by City Engineer. 18. Domestic water and Fire service shall be split outside the building and the valves shall be located 1.5 times the height of the building away from the building or placed in location readily accessible per SER-6. 19. Connection to sanitary sewer shall be with a wye per City of Apple Valley Standards. 20. Sanitary sewer cleanout located in concrete shall use Ford Type A casting and cover per SER-1A. Landcape and Natural Resources 21. Impervious % increase is just under 0.2 ac so we would encourage some BMP under our current SWMP but not require. (East Lake TMDL area) 22. Ensure all trees are planted a minimum of 10-15’ from buildings to allow for full growth with minimal pruning and conflict. Ornamental species near sidewalks and drive aisles will likely become a nuisance as they mature. 23. Trees should not be planted over proposed or existing utilities. CITY OF APPLE VALLEY RESOLUTION NO. 2018-___ A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE APPLIANCE SMART ADDITION CLASS II RESTAURANT WITH DRIVE-THROUGH WINDOW SERVICE 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, said regulations provide that a in conjunction with a Class III restaurant with drive-through window service as regulated in Section 155.157 (H) of the city code may be allowed within the confines of a “RB” (Retail Business) zoning district and in accordance with specific performance standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for a Class III restaurant with drive- through window service has been requested by Seventy Three Seventy, LLC; and WHEREAS, review of such Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on- April 18, 2018; and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on June 6, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a Conditional Use Permit for a Class III restaurant with drive- through window service within a “RB” (Retail Business) zone be approved subject to compliance with all applicable City codes and standards, and the following conditions: 1. The Conditional Use Permit shall apply to property located at 7370 153rd Street West and legally described as Lot 2, Block 1, Apple Valley Retail 2nd Addition. 2. Such operations shall be conducted in conformance with the site plan dated May 16, 2018, subject to the removal of proposed 23 parking spaces along the south side of the building. 3. All the existing parking spaces in the north lot shall be re-striped prior to occupancy of the 7,087-sq. ft. building addition. 4. Landscaping in conformance with City Code requirements shall be installed in all parking lot islands prior to occupancy of the 7,087-sq. ft. building addition c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\cfd4df6d-797b-43da-af22-9465a98bdd91\apple valley.7032.1.cup.doc 2 5. The Conditional Use Permit may be revoked for cause if the terms of conditions 2 through 4 preceding are not adhered to. ADOPTED this 28th day of June, 2018. _________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on September 14, 2006, the original of which is in my possession, dated this _____day of ______________________, 200 . ____________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018-___ A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR THE APPLIANCE SMART 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, said regulations provide that issuance of a building permit for commercial, industrial, and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project; and WHEREAS, the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on June 6, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the issuance of a building permit for the Appliance Smart Addition is hereby authorized, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. The Building Permit shall be applicable to property located at 7370 153rd Street West and identified as Lot 2, Block 1, Apple Valley Retail 2nd Addition. 3. Construction shall occur in conformance with the site plan dated May 16, 2018, including parking lot paving and a non-surmountable concrete curb and gutter around the entire perimeter with a minimum driveway approach radius of 15' at each public street, and a valley gutter at the edge of the street pavement; subject to elimination of the proposed 23 parking spaces along the south side of the building. 4. All the existing parking spaces in the north lot shall be re-striped prior to occupancy of the building addition. 5. Construction shall occur in conformance with the landscape plan dated March 7, 2018, (including sodded/seeded public boulevard area up to each street curbline); 2 subject to revisions to the plan consistent with the May 16, 2018 site plan and City staff written recommendations. 6. Issuance of Building Permit shall to subject to the submission and approval of a detailed landscape planting price list for verification of the City’s 2½% landscaping requirement. 7. Landscaping in conformance with City Code requirements shall be installed in all parking lot islands prior to occupancy of the building addition. 8. Construction shall occur in conformance with the elevation plan dated March 7, 2018. 9. All mechanical equipment shall be screened in accordance with the City’s zoning code regulations. 10. The trash enclosure shall have wall that are architecturally compatible with the building addition’s exterior finish. 11. Site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) subject to the applicant submitting a copy of the General Storm Water Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit prior to commencement of grading activity. 12. Site grading shall occur in conformance with a final grading plan to be submitted for review and approval by the City Engineer; subject to meeting all the requirements set forth in the City Engineer’s memo, dated June 1, 2018, on file at the City Offices. 13. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 14. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the erection of any signs. 15. Construction shall be limited to the hours of 6:00 a.m. to 10:00 pm. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. Saturdays only. 16. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. 3 17. 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. 18. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125% of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline, with the cost of such City completion to be charged against the financial guarantee. 19. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 28th day of June, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk 6/28/2018 1 APPLIANCE SMART C.U.P. AND BUILDING ADDITION APPLE VALLEY CITY COUNCIL  MEETING  JUNE 28, 2018 APPLIANCE SMART C.U.P. AND BUILDING ADDITION Request  1. Conditional Use Permit  to Allow a Class  II Restaurant With Drive‐Through  Window Service 2. Site Plan/Building Permit Authorization  Request to Allow a 7,087‐Sq. Ft. Addition  to an Existing 48,960‐Sq. Ft. Retail  Building 6/28/2018 2 LOCATION MAP Cub Foods Dollar Tree Transit Station Goodwill Office Max U. S. Post OfficeChick-fil-A Shurgard Storage Cub RetailBuilding Walgreens Planet Fitness SITEAERIAL VIEW 6/28/2018 3 AERIAL VIEW COMP PLAN MAPSITE 153RD ST W CEDAR AVE SGARRETT AVE155TH ST W 152ND ST W GARNET WAYGALLIVANT PLGASLIGHT DRF O U N D E R S L N 153RD ST W 153RD ST W C C HD INS MIX MIX MIX MIX “C” (Commercial) 6/28/2018 4 ZONING MAPSITE RB RB B PD-507 PD-244 PD-739 PD-541 PD-739 PD-532 C CEDAR AVE153RD ST W GARRETT AVE155TH ST W 152ND ST W 151ST ST W GARNET WAY GALLIVANT PLFOUNDERS LN WHITNEY DR GATEWAY PATH151ST ST W 153RD ST W “RB” (Retail Business APPROVED FINAL PLAT 6/28/2018 5 2004 APPROVED SITE PLAN EXISTING SITE PLAN 44 Parking  Spaces 6/28/2018 6 2013 APPROVED SITE PLAN NORTH  PROPOSED SITE PLAN 19 Parking Spaces 23 Parking Spaces Existing Building 193 Parking Spaces Sanitary  Sewer Watermain 6/28/2018 7 REVISED SITE PLAN Existing  Building Private  Drive  Easement TRUCK TURNING PLAN Area of  Concern Existing  Building Proposed Bldg. Addition 6/28/2018 8 REVISED TRUCK TURNING PLAN Foods  Foods Cub Foods/Planet Fitness Existing  Building Proposed  Addition Existing Building Proposed  Addition Cub Foods/Planet Fitness PROPOSED LANDSCAPE PLAN Add Landscaping Re‐landscape All  Parking Lot  Islands  6/28/2018 9 2013 APPROVED ELEVATION PROPOSED ELEVATION  6/28/2018 10 PROPOSED ELEVATIONS PROPOSED FLOOR PLAN Class II  Restaurant Location 6/28/2018 11 APPLIANCE SMART C.U.P. AND BUILDING ADDITION ACTION REQUESTED 1. Adopt a resolution approving a conditional use  permit to allow for a 2,973‐sq. ft. Class II  restaurant with drive‐through window service on  Lot 2, Block 1, Apple Valley Retail 2nd Addition 2. Adopt a resolution approving site plan/building  permit authorization to allow for construction of  a 7,087‐sq. ft. addition to an existing 48,960‐sq.  ft. retail building located at 7370 153rd Street  West I T E M: 7. C OUNC I L ME E T I NG D AT E:J une 28, 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 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 Tue./J uly 17 2:00 p.m.Municipal C enter Cemetery Advisory Committee Meeting Wed./J uly 18 7:00 p.m.Municipal C enter Planning C ommission Meeting T hur./J uly 19 6:00 p.m.Municipal C enter Informal Parks & Recreation Advisory Committee Meeting – Park Tour T hur./J uly 19 7:00 p.m.Municipal C enter Regular Parks & Recreation Advisory Committee Meeting Fri./J uly 20 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music in Kelley Park Concert Series Tue./J uly 24 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee Meeting Wed./J uly 25 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting T hur./J uly 26 6:00 p.m.Municipal C enter ED A Meeting T hur./J uly 26 6:00 p.m.Municipal C enter ED A Meeting T hur./J uly 26 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting * Fri./J uly 27 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music in Kelley Park Concert Series Tue./J uly 31 10:00 a.m.Orchard Path Ribbon Cutting Ceremony B AC K G RO UND: Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. B UD G E T IM PAC T: N/A