HomeMy WebLinkAbout12/28/2017 Meeting
M eeting L ocation: M unicipal C enter
7100 147th S treet West
Apple Valley, M innesota 55124
December 28, 2017
C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A
7:00 P M
1.C all to Order and Pledge
2.Approve Agenda
3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.A pprove Minutes of December 14, 2017, Regular Meeting
B.A pprove State Gambling Exempt Permit for Sons of the American
Legion, at Apple Valley American Legion, Post 1776, on February 11,
2018
C .A pprove New Licenses for Holiday Stationstores, LLC , 5980 149th
Street W.
1. License to Sell Tobacco or Tobacco Products
2. Fuel Dispensing Facility Permit
D.A pprove Renewal of Licenses and Permits for 2018
E.A ppoint Primary and Alternate Directors to Dakota C ommunications
C enter (D C C ) Board for 2018-2019 and Appoint Various Other
C ommittee Member Positions
F.2017-2018 Budget Amendments
1. Adopt Resolution C ommitting December 31, 2017, Fund Balances
for 2017 Financial Statement Purposes
2. Adopt Resolution Amending 2018 Budget for Specific Items and
Uncompleted 2017 Projects
G.A pprove Release of Various Financial Guarantees
H.A pprove J oint Powers A greement with Dakota C ounty and Other
D akota C ounty Cities for Broadband Initiative
I.A pple Valley C onvention and Visitors Bureau (C VB)
1. Extend Agreement with Apple Valley Chamber of C ommerce to
Administer the C VB through December 31, 2018
2. Approve 2018 Budget and Marketing Plan
J .A pprove Release of A merican Family Mutual Insurance C ompany for
D amages to Sanitary Sewer Main at 13035 Hamlet Avenue on
N ovember 6, 2016
K.A pprove Professional Services Agreement with Midwest Electrical
Technologies, Inc., Related to Inspections of Electrical Installations
L.A pprove Agreements with Rinkside Advertising Network for One-Year
Lease of Advertising Space within Hayes Park Arena for
1. C ub Foods
2. T RIA
3. Health Partners
M.A pprove Agreement with ProAct, Inc., for 2018 C leaning Services
N.A pprove Agreement with Egan C ompany for Project 2018-102, Traffic
Signal and Street Light Maintenance
O.A pprove Agreement with Twin C ity Tree Authority for Project 2018-
106, 2018 Ash Tree Removals
P.A pprove Agreement with D P C Industries, Inc., for Project 2018-108,
2018 Water Treatment Plant C hemicals - C hlorine and
Hydrofluorosilicic Acid
Q.A pprove Agreement with Hawkins, Inc., for Project 2018-108, 2018
Water Treatment Plant C hemicals - Sodium Permanganate
R.A pprove Change Order No. 1 on Agreement with Avolve Software
C orporation for Building Inspections Plan Review Software
S.A pprove Change Order No. 1 on Agreement with McNamara
C ontracting, Inc., for Project 2017-105, 2017 Street Improvements, and
A pprove Acceptance and Final Payment
T.A pprove Acceptance and Final Payment on Agreement with McNamara
C ontracting, Inc., for Project 2017-104, 2017 Street & Utility
Improvements
U.A pprove Acceptance and Final Payment on Agreement with Hage
C onstruction C ompany d/b/a Hage C oncrete Works, for Project 2017-
153, Pergola and Seat Bench C oncrete and Stone C onstruction
V.A pprove Acceptance and Final Payment on Agreement with McNamara
C ontracting, Inc., for Project 2017-165, Galaxie Avenue Mill and
O verlay Improvements
W.A dopt Resolution C onfirming Fire Inspector Position Remains in PERA
Police and Fire Fund
X.A pprove 2018-2019 Labor Agreement with A FSC ME Local No. 479
Y.A pprove Memorandum of Agreement with A FSC ME Local No. 479
Regarding Annual Leave C ash Out
Z.A dopt Resolution Approving C hanges to Pay and Benefit Plan for 2018
A A .A pprove Personnel Report
A B.A pprove Claims and Bills
5.Regular Agenda Items
A.Bigos Kelley Park Phase III (Lot 1, Block 9, and Lots 1 and 2, Block 10,
T he Legacy of Apple Valley North)
1. Hold Public Hearing to C onsider Vacation of Drainage and Utility
Easements
2. Pass Ordinance A mending P D-739 (Recommend waiving second
reading)
3. Adopt Resolution Approving Site Plan/Building Permit
Authorization for C onstruction of 61-Unit A partment Building on
Block 9 and 114-Unit Apartment Building on Block 10
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Reminder: C ity Of fices are closed on Monday, J anuary 1, 2018, in observance of N ew
Year ’s Day
Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and
on the C ity's website at www.cityof applevalley.org
I T E M: 4.A .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Minutes of December 14, 2017, R egular Meeting
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve the minutes of the regular meeting of December 14, 2017.
S UM M ARY:
T he minutes from the last regular C ity Council meeting are attached for your review and
approval.
B AC K G RO UND :
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Minutes
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 14, 2017
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held December 14, 2017, at 7:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin, Grendahl, and Hooppaw.
ABSENT: Councilmember Bergman.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, City Engineer Anderson, Police Captain Bermel, Parks and Recreation
Director Bernstein, Planner Bodmer, Police Captain Francis, Assistant City Administrator
Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development
Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, Planner/Econ. Dev.
Specialist Sharpe, Liquor Operations Director Swanson, and Fire Chief Thompson.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the
Pledge of Allegiance led by Boy Scout Joe Gilsdorf from Troop 260.
APPROVAL OF AGENDA
MOTION: of Hooppaw, seconded by Grendahl, 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.
Mr. Tyler Williams, Dakota County employee, introduced himself as the new manager of
Galaxie Library.
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.
Councilmember Grendahl asked for additional information regarding the change order on item
4.V - Approve Change Order No. 3 on Agreement with Klar Dig Construction, Inc., for Project
2017-167, Cobblestone Lake Park Pavilion and Restroom Building.
Mr. Bernstein responded.
Discussion followed.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 14, 2017
Page 2
MOTION: of Goodwin, seconded by Hooppaw, approving all items on the consent agenda
with no exceptions. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Hooppaw, approving the minutes of the regular meeting
of November 21, 2017, as written. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-199
accepting, with thanks, the donation of $100.00 from Nick and Mary-Kay Gillen,
for use by the Police Department. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Dakota County Voiture
1457, for use on March 17, 2018, at the Apple Valley American Legion, 14521
Granada Drive, and waiving any waiting period for State approval. Ayes - 4 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving an additional manager for Apple
Valley American Legion, Post 1776, in connection with the On-Sale Club License
and Special License for Sunday Liquor Sales at 14521 Granada Drive, naming
JoDene Marie Strong as Assistant Gambling Manager, as described in the City
Clerk’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving a change in general manager for
Apple Valley Grill, LLC, d/b/a Wild Bill’s Sports Saloon, in connection with the
On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales
at 15020 Glazier Avenue, naming Daniel Morgan Davis as General Manager, as
described in the City Clerk’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving a beverage manager for Vivo
Restaurants, LLC, d/b/a Vivo, in connection with the On-Sale Intoxicating Liquor
License and Special License for Sunday Liquor Sales at 15435 Founders Lane,
naming Adam James Winn-McClain as Beverage Manager, as described in the
City Clerk’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving renewal and issuance of On-Sale
and Off-Sale 3.2 Percent Malt Liquor Licenses for 2018, as attached to the City
Clerk’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-200
establishing precinct boundaries and polling places for 2018 elections. Ayes - 4 -
Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 14, 2017
Page 3
MOTION: of Goodwin, seconded by Hooppaw, setting the 2018 City Council meeting
schedule, in accordance with adopted policy on the second and fourth Thursdays
of each month, as listed in the City Clerk’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, setting a special informal City Council
meeting, at 6:00 p.m., on January 23, 2018, at the Apple Valley Municipal Center,
for a joint meeting with the Planning Commission to discuss the 2040
Comprehensive Guide. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, setting a special informal City Council
meeting, at 8:30 a.m., on March 2, 2018, at Schaar’s Bluff Gathering Center, 8395
127th Street E., Hastings, MN, for the purposes of goal setting. Ayes - 4 - Nays -
0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-201
appointing John Bermel, as the Police Department Representative, to the Traffic
Safety Advisory Committee, for a term expiring March 1, 2020. Ayes - 4 - Nays -
0.
MOTION: of Goodwin, seconded by Hooppaw, passing Ordinance No. 1036 amending
Chapter 152 of the City Code regulating Natural Resources Management Final
As-Built Grade Plans and Security. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving temporary parking on the north
side of Greenleaf Elementary School for school events during the 2017/2018
school year, as listed in the Police Captain’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-202
approving a 207 sq. ft. variance to increase the maximum size of a detached
accessory building to 957 sq. ft. on Lot 23, Block 1, Chateau Estates (8460 133rd
Street Court), with conditions as recommended by the Planning Commission, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the revised Purchase Agreement
with Village Pointe Plaza, LLC, for Village Pointe Plaza/Zvago Apple Valley,
7070 153rd Street W. (Lot 1, Block 1, Village at Founders Circle), as attached to
the Planner’s memo, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-203
approving the final plat of Greenleaf Elementary School, and waiving the
requirement for a development agreement. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-204
approving the site plan for Greenleaf Elementary School Phase 2 site
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 14, 2017
Page 4
improvements on 13333 Galaxie Avenue (to be platted as Lot 1, Block 1,
Greenleaf Elementary School), with conditions as recommended by the Planning
Commission. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-205 directing
the City Engineer to prepare plans and specifications for Project 2018-109,
Lebanon Cemetery Boundary Fence. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-206 directing
the City Engineer to prepare plans and specifications for Project 2018-110,
Lebanon Cemetery Roadway and Infrastructure Improvements. Ayes - 4 - Nays -
0.
MOTION: of Goodwin, seconded by Hooppaw, approving the Cost Share Contract
Amendment with Dakota County Soil and Water Conservation District for Project
2017-162, Hayes Arena Stormwater Retrofits, as attached to the Natural
Resources Coordinator’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the Lease Agreement with New
Cingular Wireless PCS, LLC, and CCATT, LLC, for monopole and ground
equipment at the Central Maintenance Facility, 6442 140th Street W., as attached
to the Public Works Superintendent – Utilities memo, and authorizing the Mayor
and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the Professional Services
Agreement with Advanced Septic Solutions, Inc., for Subsurface Sewage
Treatment Systems (SSTS) inspection services, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the agreement for Rooftop
Replacement at Apple Valley Education Building with A-Plus Roofing Company,
in the amount of $45,050.00, and authorizing the Mayor and City Clerk to sign
the same. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Ryan Mechanical, Inc., for HVAC Upgrade Old City Hall,
resulting in no change to the agreement amount. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Dering Pierson Group, LLC, for Education Building Renovation,
in the amount of an additional $5,612.55. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 3 to the
agreement with Klar Dig Construction, Inc., for Project 2017-167, Cobblestone
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 14, 2017
Page 5
Lake Park Pavilion and Restroom Building, in the amount of an additional
$8,976.00. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Rachel Contracting, Inc., in the amount of an additional
$27,388.48; and accepting Project 2017-106, Lebanon Cemetery Grading Plan, as
complete and authorizing final payment in the amount of $33,016.17. Ayes - 4 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw accepting Project 2017-162, Hayes Arena
Stormwater Retrofits, as complete and authorizing final payment on the
agreement with New Look Contracting, Inc., in the amount of $5,031.48. Ayes -
4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the 2018 - 2019 Labor Agreement
with Law Enforcement Labor Services, Inc., (LELS), Local No. 71, Police
Officers, as attached to the Human Resources Manager’s memo, and authorizing
execution of the necessary documents. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving hiring the seasonal, part-time and
full-time employees, promotion of employees, and resignation of employee, as
listed in the Personnel Report dated December 14, 2017. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the claims and bills check
registers dated, November 15, 2017, in the amount of $1,022,738.46,
November 22, 2017, in the amount of $520,213.13, and November 29, 2017, in
the amount of $754,914.49. Ayes - 4 - Nays - 0.
END OF CONSENT AGENDA
2018 CITY BUDGET AND PROPERTY TAX LEVY
Mr. Hedberg presented the 2018 proposed budget and tax levy. He reviewed the budget
development process, on-going challenges, budget objectives and highlights. All properties in the
City received mailed notice of the Truth-in-Taxation meeting and the notice included the proposed
property taxes for 2018 based on preliminary budgets and tax levies approved in September. The
impact of the property tax levy on the 2018 median valued home of $238,400, that experienced a
6.4% increase in market value, will result in the City’s portion of property taxes increasing
approximately $22. The General Fund revenues and expenditures are $33,156,255. Mr. Hedberg
stated the final property tax levy for 2018 is $25,793,000, which is an increase of 3.8% or $983,000
from 2017. He pointed out Apple Valley’s budget includes funding for the annual street
maintenance program and property owners are not specially assessed for these improvements.
Mayor Hamann-Roland opened the public comment portion of the Truth-in-Taxation hearing at
7:41 p.m. She asked for questions or comments from the public.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 14, 2017
Page 6
Mr. John Wondra, 107 Pony Lane W., commended the City Council on the good job they have
done on the budget and keeping Apple Valley taxes in line.
Mayor Hamann-Roland asked for additional questions or comments from the public. There were
none and the hearing was declared closed at 7:43 p.m.
Discussion followed.
Mayor Hamann-Roland said the budget is strong, stable, and predictable for taxpayers. She then
thanked staff for their work.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-207
approving setting the City tax levy collectible in 2018 at $25,793,000 and
approving 2018 budgets with total revenue of $70,917,735 and expenditures of
$84,281,220. Ayes - 4 - Nays - 0.
Mr. Lawell said Councilmember Bergman was not able to be here tonight but provided a letter to
the City Council that indicates if he had been able to be here, he also would have voted in favor
of the budget.
TRANSFER FROM LIQUOR FUND TO GENERAL FUND
Mr. Hedberg introduced this item and provided a brief history regarding the transfer of funds
from the Liquor Fund to the General Fund.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2017-208
approving the transfer of $630,000.00 from the Liquor Fund to the General Fund
for 2017. Ayes - 4 - Nays - 0.
ECUMEN – THE SEASONS AT APPLE VALLEY – ISSUANCE OF REVENUE BONDS
Mr. Hedberg presented information regarding the request for Apple Valley to consent to and
approve the issuance of revenue refunding bonds by the City of Maplewood to benefit Ecumen -
The Seasons at Apple Valley Project. He noted the bond issue will not impact the City’s credit
rating and the City of Apple Valley is not obligated to pay them back.
Mayor Hamann-Roland called the public hearing to order at 7:57 p.m. to consider Apple Valley
consenting to and approving the issuance of revenue refunding bonds by the City of Maplewood to
benefit Ecumen - The Seasons at Apple Valley Project. The Mayor asked for questions or comments
from the Council and the audience. There were none and the hearing was declared closed at 7:58
p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 14, 2017
Page 7
MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2017-209
consenting to and approving the issuance by the City of Maplewood of revenue
obligations and taking other actions with respect thereto.
Councilmember Goodwin reiterated that there is no financial obligation for Apple Valley.
Vote was taken on the motion: Ayes - 4 - Nays - 0.
2018 FEE SCHEDULE
Ms. Gackstetter reviewed the proposed Fee Schedule. Fee adjustments are proposed for the
cemetery, City fees and materials, consultant and engineering services, building inspections and
permits, licenses and permits, subdivision and development fees, utility fees, and zoning. The
fees would be effective January 1, 2018. She noted the proposed rates more accurately reflect
the City’s costs. Some changes were also recommended as a result of increased fees being
charged the City and some were increased according to the Engineering News Record cost index.
No comments from the public have been received regarding the proposed changes.
Mayor Hamann-Roland called the public hearing to order at 8:01 p.m. to consider the Fee Schedule
which sets fees and charges for various products and services effective January 1, 2018. The Mayor
asked for questions or comments from the Council and the audience. There were none and the
hearing was declared closed at 8:02 p.m.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2017-210
approving the 2018 Fee Schedule, by adjusting certain fees and charges effective
January 1, 2018. Ayes - 4 - Nays - 0.
COMMUNICATIONS
Police Captain Francis noted the Apple Valley Police Department is highlighted in the 2018 Ford
police vehicle calendar in the month of January.
Mr. Lawell reminded the public of vacancies on the Urban Affairs Committee and
Telecommunications Advisory Committee and invited those interested to apply.
Mayor Hamann-Roland wished everyone a safe and happy holiday.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Goodwin, 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 Grendahl, seconded by Hooppaw, to adjourn. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 14, 2017
Page 8
The meeting was adjourned at 8:07 o’clock p.m.
Respectfully Submitted,
/s/ Pamela J. Gackstetter
Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council
on . Mary Hamann-Roland, Mayor
I T E M: 4.B .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove S tate Gambling E xempt Permit for Sons of the American L egion, at A pple Valley
A merican L egion, P ost 1776, on F ebruary 11, 2018
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve issuance of a lawful gambling exempt permit, by the State Gambling C ontrol
Board, to Sons of the American Legion, Squadron 1776, for use on February 11, 2018, at
Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for
State approval.
S UM M ARY:
Sons of the A merican Legion, Squadron 1776, submitted an application for a gambling event
to be held at Apple Valley American Legion, 14521 Granada Drive, on February 11, 2018.
T he application is on file should you wish to review it.
B AC K G RO UND :
Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar
year, for qualified nonprofit organizations, are issued by the State G ambling C ontrol
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
B UD G E T I M PAC T:
N/A
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove New L icenses for Holiday Stationstores, L L C, 5980 149th S treet W.
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
1. Approve issuance of a new 2018-2019 License to Sell Tobacco or Tobacco Products
to Holiday Stationstores, LLC, located at 5980 149th Street W.
2. Approve issuance of a new 2018 Fuel Dispensing Facility Permit to Holiday
Stationstores, LLC, located at 5980 149th Street W.
S UM M ARY:
Applications for a new 2018 License to Sell Tobacco or Tobacco Products and Fuel
Dispensing Facility Permit have been received from Holiday Stationstores, LLC , located at
5980 149th Street W.
B AC K G RO UND :
T he Police and Fire Departments completed the necessary background investigation and
inspection and find no reason the license and permit cannot be authorized.
B UD G E T I M PAC T:
N/A
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Renewal of L icenses and Permits for 2018
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve renewal and issuance of licenses and permits for 2018 to licensees per the attached
list, subject to receipt of the necessary documents.
S UM M ARY:
Applications for 2018 renewal of various licenses and permits have been received from the
licensees listed on the attached page. T hey are issued on an annual basis, to terminate
December 31, 2017. When renewal applications are submitted before their expiration, the
businesses are authorized to continue to operate until they are either renewed or denied.
T he following applications have been reviewed and are in order to be approved by the
Council, subject to receipt of the necessary documents. T hey are available should anyone
wish to review them.
16 C oin-Operated Amusement D evice Licenses
22 Fuel Dispensing Facility Permits
1 C attery Permit
2 Precious Metal Dealer Licenses
8 Refuse C ollection Licenses
24 Tobacco or Tobacco Products Licenses (Two-Year License)
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:
Background Material
2018 RENEWAL LICENSES AND PERMITS
City Council Meeting
December 28, 2017
Coin-Operated Devices
1. Bros. Music & Games, Inc., d/b/a Midwest Coin Concepts, at Apple Valley American Legion, Post 1776,
14521 Granada Drive
2. Carmike Cinemas, LLC, at AMC Classic Apple Valley 15, 15630 Cedar Avenue
3. Dean - Superior Vending Company, at AMC Classic Apple Valley 15, 15630 Cedar Avenue
4. Dean - Superior Vending Company, at Panino Brothers, 15322 Galaxie Avenue
5. Dean - Superior Vending Company, at PR’s Sports Bar, 14889 Florence Trail
6. Lieberman Companies, Inc., d/b/a American Amusement Arcades, at Rascal's Apple Valley Bar and Grill,
7721 147th Street W.
7. Mendota Valley Amusement, Inc., at Bogart’s/Apple Place Bowl, 14917 Garrett Avenue
8. Mendota Valley Amusement, Inc., at Buffalo Wild Wings, 14658 Cedar Avenue
9. Mendota Valley Amusement, Inc., at Celts Craft House, 7083 153rd Street W.
10. Mendota Valley Amusement, Inc., at Crooked Pint Ale House, 15668 Pilot Knob Road
11. Mendota Valley Amusement, Inc., at Old Chicago, 14998 Glazier Avenue
12. Michael Aspengren d/b/a Aspen Video and Vending, at Wild Bill’s Sports Saloon, 15020 Glazier Avenue
13. National Entertainment Network, LLC, at Cub Foods, 15350 Cedar Avenue
14. National Entertainment Network, LLC, at Denny’s Restaurant, 7805 150th Street W.
15. Theisen Vending, Inc., at Perkins Restaurant, 7620 150th Street W.
16. Theisen Vending, Inc., at Super World Buffet, 15050 Cedar Avenue
Fuel Dispensing Facilities
1. AVR, Inc., 15497 Pilot Knob Road
2. City of Apple Valley Central Maintenance Facility, 6442 140th Street W.
3. City of Apple Valley d/b/a Valleywood Golf Course, 4851 McAndrews Road
4. Crown Equipment Rental Co. Inc., 7661 146th Street W.
5. Dana Marathon, LLC, d/b/a Dana SA, 14050 Pilot Knob Road
6. Dick's Valley Service, Inc., 6781 146th Street W.
7. Emperor Twyst, Inc., d/b/a CBM Shell, 12503 Germane Avenue
8. Emperor Twyst, Inc., d/b/a Gardenview Shell, 206 County Road 42
9. Fuhr Enterprises, Inc., d/b/a Snack Shack, 14265 Essex Avenue
10. Independent School District #196, 14445 Diamond Path W.
11. Joel Watrud d/b/a Watrud’s Apple Valley Golf Club, 8661 140th Street W.
12. Kath Fuel Oil Service Co., 15550 Cedar Avenue
13. Kwik Trip, Inc., d/b/a Kwik Trip #397, 15065 Dodd Boulevard
14. Kwik Trip, Inc., d/b/a Kwik Trip #406, 7545 145th Street W.
15. Kwik Trip, Inc., d/b/a Kwik Trip #421, 14941 Florence Trail
16. Kwik Trip, Inc., d/b/a Kwik Trip #695, 13357 Palomino Drive
17. Lampert Yards - US LBM, LLC, d/b/a Lampert Lumber, 14555 Galaxie Avenue
18. Minnesota Zoological Garden, 13000 Zoo Boulevard
19. Northern Tier Retail, LLC, d/b/a Superamerica, 15020 Garrett Avenue
20. Paradise Partners, LLC, d/b/a Paradise Car Wash, 7600 145th Street W.
21. PRG Market, LLC, d/b/a Holiday Franchise Store 3802, 14113 Galaxie Avenue
22. River Country Cooperative d/b/a SuperAmerica 4812, 15050 Galaxie Avenue
2
Cattery
1. Lora Hanson, 4653 137th Street W.
Precious Metal Dealers
1. Apple Valley Diamonds, LLC, d/b/a Apple Valley Diamonds, 14810 Granada Avenue
2. Jay F. Jeweler, Inc., d/b/a Jay F. Jeweler, 7587 148th Street W.
Refuse Collection
1. Allied Waste Services of North America, LLC, d/b/a Republic Services of the Twin Cities - Inver Grove
Heights, 4325 66th Street E., Inver Grove Heights, MN
2. Aspen Waste Systems, Inc., 2951 Weeks Avenue S.E., Minneapolis, MN
3. Buckingham Trucking, Inc., d/b/a The Buckingham Companies, 5980 Credit River Road S.E., Prior Lake, MN
4. Dick’s Sanitation Service, Inc., 8984 215th Street, Lakeville, MN
5. Highland Sanitation & Recycling, Inc., 20700 Donnelly Avenue, Farmington, MN
6. Nitti Sanitation, Inc., 1725 Meadow View Road, Eagan, MN
7. Randy’s Sanitation, Inc., d/b/a Randy’s Environmental Services, 4351 US Hwy 12 S.E., Delano, MN
8. Waste Management of Minnesota, Inc., 1901 Ames Drive, Burnsville, MN
Tobacco or Tobacco Products (Two-Year License)
1. Apple Valley American Legion, Post 1776, 14521 Granada Drive
2. City of Apple Valley d/b/a Apple Valley Liquor Store #1, 7525 148th Street W.
3. City of Apple Valley d/b/a Apple Valley Liquor Store #2, 14261 Essex Avenue
4. City of Apple Valley d/b/a Apple Valley Liquor Store #3, 5470 157th Street W.
5. City of Apple Valley d/b/a Valleywood Golf Course, 4851 McAndrews Road
6. Dana Marathon, LLC, d/b/a Dana SA, 14050 Pilot Knob Road
7. Emperor Twyst, Inc., d/b/a Boosh!, 213 County Road 42
8. Emperor Twyst, Inc., d/b/a CBM Shell, 12503 Germane Avenue
9. Emperor Twyst, Inc., d/b/a Gardenview Shell, 206 County Road 42
10. Fuhr Enterprises, Inc., d/b/a Snack Shack, 14265 Essex Avenue
11. Kath Fuel Oil Service Co., 15550 Cedar Avenue
12. Kwik Trip, Inc., d/b/a Kwik Trip #397, 15065 Dodd Boulevard
13. Kwik Trip, Inc., d/b/a Kwik Trip #406, 7545 145th Street W.
14. Kwik Trip, Inc., d/b/a Kwik Trip #421, 14941 Florence Trail
15. Kwik Trip, Inc., d/b/a Kwik Trip #695, 13357 Palomino Drive
16. Northern Tier Retail, LLC, d/b/a Superamerica, 15020 Garrett Avenue
17. PRG Market, LLC, d/b/a Holiday Franchise Store 3802, 14113 Galaxie Avenue
18. River Country Cooperative d/b/a SuperAmerica 4812, 15050 Galaxie Avenue
19. Sam’s West, Inc., d/b/a Sam’s Club #4736, 14940 Florence Trail
20. Supervalu, Inc., d/b/a Cub Foods, 15350 Cedar Avenue
21. Tobacco Valley 1, Inc., d/b/a Tobacco Valley 1, 7539 148th Street W.
22. Walgreen Co., d/b/a Walgreens, 15250 Cedar Avenue
23. Walgreen Co., d/b/a Walgreens, 14020 Pilot Knob Road
24. Wal-Mart Stores, Inc., d/b/a Walmart #2642, 7835 150th Street W.
I T E M: 4.E .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A ppoint Primary and Alternate Directors to D akota Communications Center (D C C ) Board for
2018-2019 and A ppoint Various Other Committee Member Positions
S taff Contact:
Tom L awell, City Administrator
D epartment / D ivision:
A dministration Department
AC T I O N RE Q UE S T E D:
Council is requested to appoint City representatives to the Dakota C ommunications C enter
Board and C ommittees for 2018 and 2019. Should C ouncil concur with the recommendation
to appoint the slate of elected and appointed officials as outlined in this memorandum, a
motion should be made to appoint said representatives to the various Dakota
Communications C enter positions for a two-year term commencing J anuary 2018.
S UM M ARY:
Emergency public safety communication needs within Dakota C ounty are provided by the
Dakota C ommunications C enter (D C C ) under a cooperative J oint Powers Agreement. T he
D C C is overseen by a Board of Directors comprised of elected officials from various
member agencies.
Additionally, the D C C has in place an Executive C ommittee comprised of senior
administrative staff to help advise the Board of Directors and two Operating Committees
(one for Police and one for Fire) that help guide operational functions of the D C C.
It is recommended that the current slate of elected and appointed officials continue on in their
roles for 2018 and 2019.
B AC K G RO UND :
Currently the C ity is represented on the Board of Directors by C ouncilmember J ohn
Bergman as our Primary Representative and C ouncilmember C lint Hooppaw as our
Alternate Representative. Both are willing to continue in these roles for another two-year
term commencing J anuary 2018.
Currently, the C ity is represented on the Executive C ommittee by Tom Lawell as the
Primary Representative and Charles Grawe as the A lternate Representative. Both are
willing to continue in these roles for another two-year term commencing J anuary 2018.
Further, Police Chief J on Rechtzigel currently serves as the C ity's Representative on the
Police Operating C ommittee and Fire Chief Nealon T hompson currently serves as the
City's Representative on the Fire Operations C ommittee. Both are willing to continue in
these roles for another two-year term commencing J anuary 2018.
Lastly, we should also take this opportunity to appoint Alternate Representatives for the
Police and Fire Operating C ommittees. It is recommended that Captain J ohn Bermel be
appointed as our Alternate Representative to the Police Operations C ommittee and that
Deputy Fire C hief/ Training Officer C huck Russell be appointed as our Alternate
Representative on the Fire Operating Committee for two-year terms commencing J anuary
2018.
T hus, the slate of proposed 2018-2019 Apple Valley representatives serving the D C C is
recommended to be:
Councilmember J ohn Bergman
D C C Board of Directors - Primary Director
Councilmember C lint Hooppaw
D C C Board of Directors - Alternate D irector
City Administrator Tom Lawell
D C C Executive C ommittee Primary Member
Assistant C ity Administrator C harles G rawe
D C C Executive C ommittee Alternate Member
Police Chief J on Rechtzigel
D C C Police O perations C ommittee Primary Member
Police Captain J ohn Bermel
D C C Police O perations C ommittee A lternate Member
Fire Chief N ealon T hompson
D C C Fire O perations C ommittee Primary Member
Deputy Fire C hief/Training Officer C huck Russell
D C C Fire O perations C ommittee Alternate Member
B UD G E T I M PAC T:
N A
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
2017-2018 B udget A mendments
S taff Contact:
Ron Hedberg, F inance Director
D epartment / D ivision:
F inance Department
AC T I O N RE Q UE S T E D:
1. Adopt resolution committing December 31, 2017, General Fund balance for 2017
Financial Statement purposes.
2. Adopt resolution amending 2018 Budget for specific items and uncompleted 2017
projects.
S UM M ARY:
Government A ccounting Standards Board (G A S B) pronouncement 54 created a number of
different fund balance classifications. O ne of these classifications includes a committed fund
balance classification. T he committed classification requires that the City C ouncil take
formal action to commit December 31, 2017 Fund Balances prior to the end of the year. T he
commitment action taken by the C ity C ouncil restricts the future purchases to these uses.
G A S B 54 provides that the exact dollar amounts may be calculated and assigned to the uses
subsequent to year end as long as the specific use was identified prior to year end.
Staff is seeking C ity C ouncil commitment of resources to complete some budgeted 2017
items that were not completed in 2017 or the reassignment of savings experienced in 2017.
T he action taken at this time is to commit fund balance for the specific purposes and add
these amounts to the 2018 budget. T his is similar to actions taken in prior years and includes
projects that were appropriated in the 2017 budget but will not be completed by year end.
Summary of requested items to be included in C ommitted Fund Balance as of 12-31-17
follows.
B AC K G RO UND :
Police – Training (1200.6275)Amount
T he Police Department is requesting that savings experienced in the
department training budget be carried over to 2018. T he department has the
opportunity to do cultural awareness and implicit bias training in January
2018. T his training will help us toward complying with MN POS T Board
mandates that go into effect in 2018.
$ 8,000
Fire Departme nt – Apparatus Bay Flooring (1300.6266)Amount
During site visits and floor specification writing it was identified that the
current apparatus bay floors were in need of maintenance to correct
corrosion. Due to the busy fall schedules of concrete companies floor
corrections were unable to be completed. T he original 2017 budget included
$30,000 for the project but an additional $20,000 is needed for preparation
work before the floors can be finished, the additional $20,000 would come
from salary savings in 2017.
$50,000
Fire Departme nt – Day Room Chairs (1300.6720)Amount
T he Fire Department is requesting that a portion of savings in Part Time
salaries be carried over to 2018 to fund the replacement of aging, and non-
compatible with new floor (scratching), dayroom chairs.
$5,000
Human Re source s De partme nt – Chairs (1020.6725)Amount
T he 2017 budget included $1,000 to purchase replacement office task chairs
for H R department staff. T he chairs are still needed, but the order and
delivery won’t get done before the end of this year. Department staff is
requesting that the 2017 budget amount be carried over to 2018.
$ 1,000
Finance De partment – Laserfiche Consulting (1035.6235)Amount
Department staff is requested that a portion of Finance Department salary
savings be carried over to cover the consultant services for implementing a
workflow solution for the city-wide training forms process. In 2017, the city
purchased the Laserfiche workflow software, also learned in 2017 was that
each department would need to cover consulting costs needed to implement
the solutions.
$ 5,000
PW- Stre e ts Snow & I ce re moval – (1600.6740)Amount
Department staff is requesting that a portion of savings experienced in
overtime wages be carried over to fund the purchase 3 attachments for snow
removal equipment. Staff expects these attachments will help save time in
removing snow from cul-de-sacs & from the sidewalks in Central Village.
$ 25,000
Redwood Building – Security Came ras (1930.6735)Amount
T he 2017 budget included funding for the security camera project. Due to
some required technology storage upgrades, specifically video, IT was not
able to accommodate additional cameras in 2017. Server storage upgrades
have been completed in late 2017, allowing for the installation of additional
cameras in 2018.Department staff is requesting the funds be carried over to
2018.
$ 5,655
Family Aquatic Ce nte r – Re ntal Cabanas – (1940.6740)Amount
T he 2017 budget included adding rental cabanas at the Apple Valley Family
Aquatic Center. T he company selected in the quoting process is no longer in
business and was unable to complete the project. Staff is requesting that
funding be carried over to 2018 to complete the project.
$ 5,130
Family Aquatic Ce nte r – Point of Sale Syste m– (1940.6710)Amount
T he 2017 budget included purchasing and installing a new point of sale
system at the aquatic center. T his project was not completed and staff is
requesting that remaining amounts be carried over to 2018 to finish the
project.
$ 6,900
Park Mainte nance – Training (1710.6275)Amount
With the retirement of the Parks Superintendent and a replacement recently
hired, staff is requesting that unused training amounts previously allocated to
national conference attendance be redirected to local training in 2018 for the
new Parks Superintendent.
$ 1,700
The following items were included in the earlier 2017 budget amendments and staff is
requesting that the items be carried forward to 2018 because they will not be completed (or
portions of the project will not be completed) in 2017.
PW – Building I nspections Department –Av olv e Workflows–
(1400.6740)
Amount
T he 2017 budget was amended previously to carry over funding to implement
the Avolve digital building plan review workflows, T he solution will not be
completed until early 2018. Staff is recommending that unused amounts
previously appropriated for the Avolve workflow be carried over to 2018 to
close out the project.
$ 80,000
Redwood – Diving Board – (4002.6740)Amount
T he 2017 budget was amended previously to carry over funding for the
replacement of the Redwood Pool diving board. T he platform was purchased
in 2017 but still needs to be installed. Staff is requesting that the funding be
carried over to 2018 to complete the project.
$ 7,200
Police Departme nt – Utility Ve hicle (1200.6745)Amount
T he Police Department 2017 Budget was amended previously to include the
purchase of a utility vehicle to be used in the Police Department fleet. T his
vehicle will be used at special events, general patrol, and rescue operations.
Staff is requesting that the funding be carried over to the 2018 budget in
addition to using an additional $4,000 in savings experienced in full time
wages.
$31,100
Fire Departme nt – Security Came ra Installation (1300.6266)Amount
T he 2017 budget was amended previously to carry over funding for the
security camera project. Due to some required technology storage upgrades,
specifically video, IT was not able to accommodate additional cameras in
2017. Server storage upgrades have been completed in late 2017, allowing
for the installation of additional cameras in 2018.Fire Department staff is
requesting the funds be carried over to 2018.
$25,700
Fire Departme nt – Fire Station Ide ntification Sign (1300-6266)Amount
T he 2017 budget was amended previously to carry over funding for the
signage at the fire stations, this project will not be completed in 2017 and
staff is requesting the funds be carried over to 2018.
$41,800
Fire Departme nt – Pluggie the Fire Hy drant (1300-6211)Amount
T he Fire Department is requesting that a portion of savings in Part Time
salaries be carried over to 2018 to fund the replacement of “Pluggie” the fire
hydrant robot. T he 1980’s purchased robotronics fire hydrant is used for fire
prevention presentations with children. Parts are becoming increasing hard to
find and for the last twelve months “Pluggie’s” operation has been
problematic. Would purchase a new “Pluggie” the fire hydrant with updated
electronics.
$6,200
Human Re source s De partme nt – Lase rfiche Consulting (1020-6235)Amount
T he 2017 budget was amended previously to carry over funding to implement
Laserfiche workflows in the HR Department. Moving toward electronic
personnel files has been a long-term goal which HR has been working on for
years. Using a laserfiche for document retention documents will be more
easily searchable and will assist with purging in accordance with retention
schedules.
It was estimated to take approximately $5000 in consultant hours to
reprocess our existing folder structure, create a workflow processes to handle
new and existing records going forward, and create a workflow to handle
terminated employees. Department staff is requesting that the dollars be
carried over and begin the project in 2018.
$ 5,000
C MF Flee t De partme nt –Asset works Syste m (1530-6735)Amount
T he 2017 budget was amended previously for the addition of a new fleet
management system for the City’s fleet of vehicles. S taf f is just starting
the work on this now f or our new f leet asset management system but
won’t have a bill until 2018.
$33,500
C MF Flee t Department – Audio Visual Equipment (1530-6735)Amount
T he 2017 budget was amended previously to add Audio Visual equipment
to be used in the conference rooms at the Central Maintenance Facility.
Staff is just starting this but wo n’t have anything in until 2018
$5,100
I T De partm e nt – We bsite (1030.6239)Amount
T he 2017 budget was amended previously to provide for an update to the
City’s website, this project will not be completed in 2017 and staff is
requesting the funds be carried over to 2018.
$15,000
Municipal Building Fund
Tee n Cente r - Flooring Re placement (4000.6715)
Amount
T he 2017 budget was amended previously to carry over funding for the
flooring replacement at the teen center. With the uncertainty of the Teen
Center ’s future operations and the use of the building, staff recommends
deferring this project until 2018 after a determination is made as to what type
of flooring is needed to meet the future programming opportunities of the
building.
$15,000
B UD G E T I M PAC T:
T he total amount committed of the 12-31-2017 General Fund Balance is $363,985 and the
Municipal Building Fund is $15,000. T he total budget carryover request for all funds is
$378,985.
AT TAC HM E NT S:
R esolution
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
RESOLUTION COMMITTING FUND BALANCES
FOR 2017 FINANCIAL STATEMENT PURPOSES
WHEREAS, the Governmental Accounting Standards Board’s Statement No. 54 includes
five different classification of fund balance; and
WHEREAS, one of the fund balance classifications includes Committed Fund Balance;
and
WHEREAS, for fund balance to be classified as committed at year end the City Council
must approve the uses of specific items to be included as committed prior to year end.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley
elects to commit General Fund -Fund Balance as of December 31, 2017 for the following
departments and uses:
Department Description Account
Code
2017 Committed
Balance
Police Training 1200.6275 $ 8,000
Fire Apparatus Bay Flooring 1300.6266 50,000
Fire Day Room Chairs 1300.6725 5,000
Human Res. Office Chairs 1020.6720 1,000
Finance Laserfiche Consulting 1035.6235 5,000
PW Streets Snow and Ice Equip. 1600.6740 25,000
Redwood Building Security Cameras 1930.6735 5,655
Aquatic Center Rental Cabanas 1940.6740 5,130
Aquatic Center Point of Sales System 1940.6710 6,900
Park Maint. Training 1710.6275 1,700
Building Inspect. Avolve Workflows 1400.6740 80,000
Redwood Diving Board Replacement 1930.6740 7,200
Police Utility Vehicle 1200.6745 27,100
Police Utility Vehicle 1200.6215 4,000
Fire Security Camera 1300.6266 25,700
Fire Station Identification Signs 1300.6266 41,800
Fire Pluggie Fire Hydrant 1300.6211 6,200
Human Res. Laserfiche Consulting 1020.6235 5,000
CMF / Fleet Assetworks System 1530.6735 33,500
CMF / Fleet AV Equipment 1530.6735 5,100
Information Tech Website Refresh 1030.6239 15,000
Subtotal General Fund 363,985
Muni Building Fund Flooring Replacement 4002.6715 15,000
Total Committed Balances $378,985
ADOPTED this 28th day of December, 2017.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-___
RESOLUTION AMENDING 2018 BUDGET FOR UNCOMPLETED 2017 PROJECTS AND
SPECIFIC ITEMS
WHEREAS, certain 2017 budgeted activities were not completed in 2017; and
WHEREAS, certain 2017 program budget savings are requested to be reassigned; and
WHEREAS, the 2017 budget accumulated resources for the completion of the items; and
WHEREAS, to provide for the 2018 purchase it is also necessary to provide for an increase
in the 2018 budget to provide the appropriation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley
that the following budget adjustments be made to the 2017 budget.
Department 2017
Account
Code
2017
(Reduction)
Amount
2018
Account
Code
2018
Additional
Amount
Police Training 1200.6275 (1,000) 1200.6275 $ 8,000
Police Training 1200.6276 (7,000) -
Fire Apparatus Bay Flooring 1300.6266 (30,000) 1300.6266 50,000
Fire Apparatus Bay Flooring 1300.6110 (20,000) -
Fire Day Room Chairs 1300.6111 (5,000) 1300.6725 5,000
Human Res. Office Chairs 1020.6725 (1,000) 1020.6720 1,000
Finance Laserfiche Consulting 1035.6110 (5,000) 1035.6235 5,000
PW Streets Snow and Ice Equip. 1660.6113 (25,000) 1600.6740 25,000
Redwood Building Security Cameras 1930.6735 (5,655) 1930.6735 5,655
Aquatic Center Rental Cabanas 1940.6740 (5,130) 1940.6740 5,130
Aquatic Center Point of Sales System 1940.6710 (6,900) 1940.6710 6,900
Park Maint. Training 1710.6276 (1,700) 1710.6275 1,700
Building Inspect. Avolve Workflows 1400.6740 (80,000) 1400.6740 80,000
Redwood Diving Board Replacement 1930.6740 (7,200) 1930.6740 7,200
Police Utility Vehicle 1200.6745 (27,100) 1200.6745 27,100
Police Utility Vehicle 1200.6110 (4,000) 1200.6215 4,000
Fire Security Camera 1300.6266 (25,700) 1300.6266 25,700
Fire Station Identification Signs 1300.6266 (41,800) 1300.6266 41,800
Fire Pluggie Fire Hydrant 1300.6211 (6,200) 1300.6211 6,200
Human Res. Laserfiche Consulting 1020.6235 (5,000) 1020.6235 5,000
CMF / Fleet Assetsworks System 1530.6735 (33,500) 1530.6735) 33,500
CMF Fleet AV Equipment 1530.6735 (5,100) 1530.6735 5,100
Information Tech Website Refresh 1030.6239 15,000) 1030.6239 15,000
Subtotal General Fund (363,985) 363,985
Muni Building
Fund
Flooring Replacement 4002.6715 (15,000) 4002.6715 15,000
Total All Funds $ 378,985 $378,985
ADOPTED this 28nd day of December, 2017.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Release of Various Financial Guarantees
S taff Contact:
J oan Murphy, D epartment Assistant
D epartment / Division:
C ommunity D evelopment 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 City 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.Embry Place Second
Addition
(PC 15-46-F)
LO C No. 139
O riginal Deposit on 7/26/16 $1,224,185.00
Reduced 12/8/16 to $374,185.00
Reduced 12/22/16 to $196,250.00
Reduced 8/24/17 to $65,000.00
Reduced 11/21/17 to $27,600.00
Reduce now to $0.00
2.Embry Place T hird
Addition
(PC 17-04-F)
LO C No. 141
O riginal Deposit on 4/25/17 $505,281.00
Reduced 8/24/17 to $113,688.00
Reduced 11/21/17 to $9,500.00
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.H.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove J oint P owers A greement with Dakota C ounty and Other Dakota C ounty Cities f or
B roadband I nitiative
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Approve the J oint Powers Agreement with Dakota County and other D akota C ounty cities
for broadband initiative.
S UM M ARY:
For several years, Dakota C ounty and the cities within Dakota County have been working on
a way to aggregate our fiber network resources to offer improved institutional network
services and to have the capacity to provide services to commercial parcels that may not be
able to get desired data capacity from existing service providers.
T he study group has completed the majority of an inventory of existing fiber assets and
proposed a method for sharing costs to complete and operate the network through a J oint
Powers Agreement (J PA). T he C ity Council heard a presentation on this topic in J uly
2017. At this point, all the C ities except Eagan have expressed interest in participating with
the C ounty. In recent years the C ity of Eagan had already invested in a similar broadband
approach in their city and decided they would not receive increased benefit from joining the
County Broadband Initiative. Nonetheless, they are cooperating with the broader initiative to
insure a coordinated deployment of fiber assets. A J PA has been prepared and reviewed by
the City Attorney. T he A pple Valley Telecommunications Advisory C ommittee
recommended approval of the agreement at its meeting of December 4, 2017.
B AC K G RO UND :
Network Construction (Up-F ront C osts)
T he study group has been working to identify what pieces of a network exist and what pieces
will need to be built to create a C ounty-wide network. While the initial concept was to start
with an I-Net reserved for institutional and government use and later expand to a C-Net for
commercial use, the study found that the incremental cost of build-out for the C -Net is
relatively small and it would be more cost effective to implement both networks at the same
time. On the whole, the initial estimated cost of filling the gaps in the combined network is
relatively low (given a scope covering the entire C ounty) at $1,677,441.00 (increased slightly
due to Eagan's non participation) and covers 5.775 construction miles. T he I-Net and C -N et
would use separate fiber strands (although both may be located in the same conduit) and
would be maintained as separate networks.
P roposed N etwork Management C osts
T he proposed annual operating expenses to manage the network would be $543,800 per year.
T he original proposed management arrangement included two full-time employees as well as
funding for contract/ consultant services. T he current interest of the group appears to be
trending toward using an existing entity, such as LO G IS, to administer the entire service.
Marketing of C -Net Serv ices to P otential Subscribers
T he C -Net portion is limited to local transport for private sector service providers, N O T
services directly to businesses. T he J PA administrator would market the services to
businesses. Internet Service Providers (IS P's) would lease needed circuits on the C -Net in
order to provide service to local businesses. T he C -Net would provide a means for local
businesses to have more choice for IS P services. T he estimated initial C -Net cost beyond
the “gap filling” is $339,177.50. T he Dakota C ounty C D A has agreed to provide the
funding to complete the C-Net for economic development purposes. Expansion of the C -N et
will be considered individually.
P otential B enefits of I -Net to the C ity
T here are several significant areas of benefit to the C ity of Apple Valley from participation
in the partnership:
1) T he City currently pays approximately $9,200 annually to have location services
performed for its existing fiber assets. If Apple Valley participates and the partnership
assumes responsibility for location services, this ongoing cost would now become part of the
cost of participating in the partnership, rather than a direct expenditure to vendors.
2) T he C ity currently has one network connection to the Internet through the Western
Service C enter. T his single connection creates a liability to our continuity of operations
should something catastrophic happen to that single connection. T he proposed I-Net would
provide multiple layers of redundancy so that the C ity would have access to the Internet
through three other locations.
3) T he City operates a hub and spoke fiber network to connect the Municipal Center to our
remote buildings. T his network design shares the same vulnerability from lack of redundant
pathways. T he C ounty is a critical partner for the C ity to cost effectively add redundant
pathways or loops to our remote sites. T he partnership is likely to be the preferred and
possibly only means to partner in building redundant pathways with the C ounty in the future.
4) Having robust or redundant access to the Internet and a choice of ISP's is a critical point
for many high tech businesses. Having a network that allows more IS P's to operate in our
market and that allows access into our business parks for our existing IS P's will provide our
businesses with valuable competition for services. T his is likely to be a large selling point
when courting future business.
Sharing of C-Net Rev enues
T he C -Net revenue distribution is proposed based on the percentage of the network
contributed. Apple Valley’s original percentage is estimated to be around eight percent. As
other cities without fiber infrastructure add connections within their cities, this percentage
would likely decrease.
B UD G E T I M PAC T:
T he network is constantly expanding, changing the distribution of costs in the proposed
funding formulas. T he following numbers for Apple Valley were taken as a snapshot from
earlier in the year.
Initial I-Net "G ap" Project Capital C osts: $27,566.00
Initial C -Net "Gap" C apital C osts: $0.00
Estimated A nnual Operating C osts: $27,584.00
T his project was not anticipated in the proposed 2018 budget. Staff proposes that the initial
capital costs and 2018 operating costs be provided from the 2017 C ouncil C ontingency fund
through the budget amendment process. Future operating costs will be incorporated into the
IT operating budget.
Staff recommends approval of the J oint Powers Agreement D akota C ounty Broadband
Board or a document that is substantially similar subject to the approval of the C ity Attorney
and C ity A dministrator.
AT TAC HM E NT S:
Agreement
JOINT POWERS AGREEMENT
DAKOTA BROADBAND BOARD
November 30, 2017
Table of Contents
1. Statement of Purpose and Powers to be Exercised ............................................................................... 1
2. Manner of Exercising Powers; Creation of Dakota County Broadband Board .................................... 1
3. Defined Terms ...................................................................................................................................... 1
4. Participant ............................................................................................................................................. 3
5. Board ..................................................................................................................................................... 4
6. Acquisition of Interests in System Components ................................................................................... 7
7. Ownership of System Components ....................................................................................................... 8
8. Expansion of System ............................................................................................................................. 8
9. Operating and Maintenance Cost Sharing......................................................................................... 8
10. Financing Initial I-Net and Initial C-Net Capital Improvements ..................................................... 9
11 Revenue Generation .......................................................................................................................... 9
12. Establishment of a Relocation Pool; Submission of Capital Plans ................................................... 9
13 Default; Remedies ........................................................................................................................... 10
14. Limitation of Liablity; Indemnification .......................................................................................... 10
15. Termination of Board; Disposition of Assets.................................................................................. 11
16. Amendments ................................................................................................................................... 11
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THIS JOINT POWERS AGREEMENT (as amended from time to time, this
“Agreement”) is entered into as of ___________ (Effective Date), by and between the parties
described on Schedule A attached hereto (the “Initial Participants”), pursuant to Minnesota
Statutes, Section 471.59.
1. Statement of Purpose and Powers to be Exercised. The purpose of this Agreement
is to provide for the joint exercise of the statutory powers common to the Participants (defined
below), pursuant to Minn. Stat. § 471.59, to establish, operate, maintain and improve the System
(defined below) for use by the Participants and potentially other users including, but not limited
to: the power to enter into agreements necessary or convenient to the exercise of such powers; to
establish fees and charges with respect thereto; to acquire, own and convey real or personal
property; to issue bonds or obligations under any law under which the Participants may
independently issue bonds or obligations, and use the proceeds of the bonds or obligations to
carry out the purposes for which the bonds or obligations are issued; and to take such other
actions reasonably necessary to the establishment, operation, maintenance and improvement of
the System (together with other powers described herein, the “Joint Powers”). Notwithstanding
any other provision of this Agreement, the joint powers organization created by this Agreement
shall not have: any power of eminent domain; any taxing powers; any power to pledge the full
faith or taxing power of any of the Participants for any purpose whatever; or to issue general
obligation indebtedness of any Participant.
2. Manner of Exercising Powers; Creation of Dakota Broadband Board. The Joint
Powers of the Participants will be exercised through a joint powers board, which is hereby
created, to be designated the Dakota Broadband Board (the “Board”), having the powers and
duties described herein. The Board is authorized to exercise the Joint Powers on behalf of and in
cooperation with the Participants as provided herein.
3. Defined Terms. Capitalized terms used herein shall have the following meanings:
“Access Fee” means an annual fee paid by each Participant as described in the System
Plan or bylaws of the Board, which will include, but not be limited to, a fee (which shall be an
equal amount for each Participant) in exchange for the Participant’s use of the I-Net.
“Access the System” or “Accessing the System” means that a Participant has at least one
System Component that is connected to elements owned by other Participants and is relying on
the Board to operate and maintain the System Component(s) on its behalf.
“Agreement” has the meaning given in Section 1 of this agreement.
“Annual Participation Fees” means all payments made to the Board by Participants
including but not limited to Access Fees, the Basic Membership Fees and Operations and
Maintenance Fees.
“Backbone” the central portion of the network consisting of redundant optical fiber ring
segments interconnecting diverse communications network elements (switches, routers, etc.),
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including connections at the colocation facility or facilities. Generally, the backbone capacity is
greater than the networks connected to it.
“Basic Membership Fee” means an annual fee paid by a Participant regardless of whether
or not it accesses any part of the System.
“Board” has the meaning given in Section 2 of this Agreement.
“C-Net” means the use of the System on any basis other than by the Participants for
governmental purposes.
“CDA” means the Dakota County Community Development Agency and its successors
and assigns.
“Drops” means the fiber optic cable and associated equipment necessary to serve
individual retail customers. Drops typically begin at a handhole and terminate in the building of
the retail customer.
“I-Net” means the use of the System by the Participants for governmental purposes.
“IRU” or “Indefeasible Right to Use” means agreements between a Participant and the
Board, on behalf of itself and all other Participants, with respect to the use of System
Components in which the Participant has an ownership or other legal interest.
“Initial Participant” has the meaning given in the Preamble of this Agreement.
“Joint Powers” has the meaning given in Section 1 of this Agreement.
“Lateral” means a fiber optic cable that is not part of the Backbone but instead extends
fiber optic access into areas away from the Backbone.
“Operating and Maintenance Costs” means all expenses relating to the operation and
maintenance of facilities controlled by the Board or used in connection with the System,
including but not limited to, labor, contracted services, energy costs, monitoring costs, system
configuration cost, switch-related costs, relocation costs, break repair costs, marketing costs,
insurance, taxes, fees or similar charges.
“Participant” means the Initial Participants to the Agreement and each other qualified
governmental unit satisfying the requirements of Section 4.B after the Effective Date of this
Agreement, but excluding any governmental unit that has withdrawn from the Board pursuant to
Section 4.D hereof.
“Supermajority” means a vote of two-thirds of the members of the Board, counted as one
vote per member or on the basis of Weighted Voting, when required.
“System” means the telecommunication infrastructure necessary for the Participants to
collectively provide more robust broadband, I-Net and C-Net services within Dakota County,
including, without limitation, System Components and other network elements together with
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contract rights and agreements necessary or convenient in connection with the operation,
maintenance, development and use of such components.
“System Components” means the various necessary or convenient elements of the
System, including, without limitation, fiber optic cables, hand holes, switches and routers.
“System Plan” means the plan defining both the physical aspects of the I-Net and C-Net
System and the methods for funding or financing the costs associated with the operation,
maintenance, and development of the System, as more fully described in Section 18 of this
Agreement.
“Weighted Voting” means a vote of the Board in which each member’s vote is weighted
by the proportion that the Operations and Maintenance costs allocated to the Participant the
member represents bears to the total Operations and Maintenance cost during the year in which
the vote is taken; provided, however that no prevailing vote will pass without the support of at
least three members.
“Withdrawing Participant” means a Participant that has given notice of its intent to
withdraw from the Board pursuant to Section 4.D.
4. Participant.
A. General. A county, city, town, school district, or other local unit of
government whose jurisdiction is within Dakota County, and who has the authority to
exercise the Joint Powers under Minnesota Statutes may be a Participant.
B. Additional Participants. In addition to the Initial Participants, any
government entity described in Section 4.A is eligible to be a Participant, subject to the
prior approval of the Board, by:
i. executing and delivering to the Board a counterpart signature page
to this Agreement, indicating its acceptance of the terms and conditions hereof;
ii. satisfying such other conditions mandated by the Board at the time
as a condition to becoming a Participant.
C. Annual Participation Fees. The Board shall establish and collect, and the
Participants shall pay non-refundable Annual Participation Fees. Withdrawing
Participants shall continue to pay Annual Participation Fees due and payable during any
required notice period under Section 4.D hereof. The Board shall not impose the Basic
Membership Fee on the CDA unless the CDA is a Participant and is accessing the
System.
D. Withdrawal of Participants.
i. A Participant that has not provided any System Components may
withdraw, effective immediately, by providing written notice to the Chair of the
Board.
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ii. A Participant that has provided System Components may withdraw
by providing not less than eighteen months advance written notice to the Chair of
the Board, and by paying to the Board a “withdrawal payment.” The withdrawal
payment shall be determined through a good faith negotiation between the Board
and the Withdrawing Participant. The purpose of the withdrawal payment is to
require a Withdrawing Participant to pay actual and direct expenses incurred by
the Board or another Participant which are reasonably related to the Withdrawing
Participant’s withdrawal including, without limitation, System Components
relocation costs, leasing costs, and permit fees. If the Board and the Withdrawing
Participant are unable to reach an agreement on the amount of the withdrawal
payment, the disagreement shall be settled by binding arbitration, or in such other
manner as is acceptable to the Board and the Withdrawing Participant. The
amount of the withdrawal payment may be reduced to the extent the Withdrawing
Participant and the Board enter into agreements which extend the Board’s right to
use System Components owned or controlled by the Withdrawing Participant.
The provisions of Section 6.C hereof regarding termination of IRUs will continue
to apply to Withdrawing Participants for the duration of any IRU.
iii. The withdrawal of a Participant will not, in and of itself, modify
any IRUs or similar agreements executed by the Withdrawing Participant related
to the use by the Board or other Participants of System components owned by the
Withdrawing Participant. The term and termination of such IRUs and similar
agreements are governed by the provisions in each individual IRU or similar
agreement. In addition, each Withdrawing Participant shall remain liable for all
financial liabilities incurred during the period it was a Participant, but shall not be
liable for any new financial liabilities incurred after the date of delivery of its
notice of withdrawal.
iv. Notwithstanding the eighteen month notice required for
withdrawal under Section 4.D.ii above, the Board and the Withdrawing
Participant may negotiate a shorter notice period in exchange for an additional
payment by the Withdrawing Participant, designed to satisfy ongoing financial
obligations of the Withdrawing Participant to the Board.
v. To the extent that IRUs granted by the Withdrawing Participant to
the Board for System Components owned by the Withdrawing Participant
continue beyond the withdrawal date, the obligations of the Withdrawing
Participant to pay associated Operating and Maintenance Costs for such IRUs will
survive withdrawal.
5. Board.
A. Creation. A joint powers board, known as the Dakota Broadband Board,
is hereby established for the purposes contained herein with the powers and duties set
forth in this Agreement.
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B. Members. Each Participant that is accessing the System is entitled to
appoint two members of its governing body as a member and an alternate member to the
Board. The terms of each member and alternative member shall be as established in by-
laws to be adopted by the Board, but in any event, shall terminate at such time as the
member or alternate member ceases to be a member of the governing body of the
applicable Participant.
C. Committees. The Board may appoint standing and ad hoc committees
including, without limitation, an operations committee, with the powers to be described
in the Board’s bylaws.
D. Governance-Voting. As shall be required in bylaws to be adopted by the
Board:
i. Actions of the Board will be taken by vote of the Board in which
each member of the Board shall have one equal vote unless Weighted Voting is
required. Decisions will be made by a majority of the votes cast except where a
Supermajority is required.
ii. Weighted Voting is required: to approve or revise the System Plan;
to approve periodic budgets, including required contributions to be made by each
Participant in support of such budgets; to employ any personnel of the Board; and
to approve the issuance of any bonds or debt obligations of the Board. In the case
of the issuance of debt, an affirmative vote of two-thirds Supermajority of the
votes cast is required.
iii. When weighted voting is required, the weight of each
Participant’s vote is determined by the Participant’s proportional
contribution to the total annual Operations and Maintenance costs of the
Board in the year the vote is taken, multiplied by one hundred. In no event
shall the total of the weighted votes be in excess of, or less than, one hundred
(100). However, no prevailing vote will pass without the support of at least three
Participants.
E. Governance-Officers. At its first meeting, and its first regular meeting of
each subsequent year, the Board shall elect a Chair and Vice Chair from among the
members designated by the governing bodies of the Participants. The Chair and Vice
Chair shall be elected by the Board for one year terms. The Chair shall preside at all
meetings of the Board and shall perform other duties and functions as may be determined
by the Board. The Vice Chair shall preside over and act for the Board during the absence
of the Chair.
F. Purposes. The Board shall: provide the structure for administrative and
fiscal oversight of the System; set appropriate policies for the Board and the System;
maximize the use of resources available to the various Participants for the benefit of the
System; and establish and oversee any appropriate committees.
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G. Powers. The Board shall have the general powers described in Section 1
of this Agreement, including the powers to do the following:
i. To negotiate and enter into contracts, including contracts: for the
acquisition of real or personal property and equipment; employment of Board
personnel, professional services and consultants; with wholesalers or resellers that
desire to utilize the System;
ii. To acquire, construct, manage, maintain, or operate any interest in
the System and any System Components;
iii. To apply for and hold any required licenses or permits;
iv. To sue and be sued;
v. To apply for, receive and utilize grants and loans;
vi. To accept donations;
vii. To issue bonds or debt obligations as permitted by law, by vote of
a Supermajority of the Board, using Weighted Voting, provided that such
obligations shall not constitute an obligation of any individual Participant;
viii. To promulgate, adopt, and enforce any rules and regulations, as
may be necessary and proper to implement and effectuate the terms, provisions,
and purposes of this Agreement.
H. Additional Powers and Responsibilities. In addition to the foregoing, the
Board shall have the following specific powers and responsibilities, as further described
and developed in the System Plan:
i. To approve contracts with commercial vendors regarding
development, operation, marketing, public relations, maintenance and expansion
of the System;
ii. To adopt an annual budget for operation and maintenance of, and
capital improvements to, the System;
iii. To develop policies regarding accounting, contracting and
procurement, employment, operations and maintenance, and asset replacement.
The Participants expectation is that one or more of the Participants may provide
financial accounting and or human resources services for the Board.
iv. To establish processes for setting the fees for Participants and non-
Participants to access and use the System in accordance with the duly adopted
System Plan and to administer the processes for setting fees that apply uniformly
or equitably to all Participants;
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v. To acquire or lease real property as required for operations;
vi. To discharge other duties consistent with the purposes of this
Agreement or as required by law.
I. System Plan. A System Plan has been developed by the Participants in
coordination with an outside consultant, Design Nine Broadband Planners, and
titled “C-Net/I-Net Systems and Business Plan v7.” The System Plan is fully
incorporated into this Agreement by reference. The Board will formally adopt the
System Plan at its first organizational meeting and may thereafter amend the
System Plan from time to time as it deems appropriate. If there are any conflicts
between the terms of this Agreement and the terms of the System Plan, the terms in
this Agreement shall prevail. The vote to approve or modify the System Plan shall
be by Weighted Voting.
6. Acquisition of Interests in System Components. The Board will acquire
interests in the use of System Components as follows.
A. Participants will identify System Components for which they will grant to
the Board IRUs with any qualifications or conditions, each of which will have an initial
term of 10 years, with two five-year renewals which shall be automatic unless the Board
affirmatively decides not to renew, by giving ninety (90) days’ notice to the Participant
prior to termination. In connection with, and as a part of the grant of each IRU, the
Participant will grant to the Board all rights necessary or convenient for the Board to
operate the System within the geographic boundaries of the Participant. The preceding
sentence is not intended to grant to the Board prior approval of any permits required to be
obtained in connection with any System Components to be constructed by the Board,
provided however that such permits will not unreasonably be withheld by any Participant.
B. In connection with the grant by any Participant of an IRU to the Board for
the benefit of the Participants as to any System Components, the Board will assume
operating and maintenance costs and responsibilities with respect to such System
Component.
C. With the prior consent of the Board, Participants may terminate an IRU as
to any System Components owned by it with not less than two year’s prior written notice
to the Board. The Board will consent to such termination unless the removal will render
the Backbone to be less than carrier class or violate any Board contracts. The Participants
recognize that the two-year notice period is necessary and appropriate to permit the
Board to make alternative provisions for the continuance of service. The Board may
waive the two-year notice if it determines, in its sole discretion, that early termination
will not adversely impact the System.
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7. Ownership of System Components.
A. Each Participant retains the ownership interests it has in System
Components, subject to the interests it grants to other Participants or the Board pursuant
to IRUs or other contractual arrangements.
B. The Board recognizes that Participants may have partial ownership
interests in System Components, or may have granted to third parties certain interests in
such assets, which may limit the Participants’ ability to dedicate or grant IRUs in such
System Components.
C. The Participants’ intent is that the Board will not own System
Components unless in a specific situation the Board determines that it will construct and
own certain System Components.
8. Expansion of System
A. Each Participant retains the authority to undertake and finance additional
System Components to be owned by it, however each additional System Component that
will be designated for operation and maintenance by the Board shall be constructed
consistent with standards established by the Board and shall require prior review and
approval as determined by the Board, in order to ensure that additions to the System will
be undertaken in a coordinated manner. A decision to expand the System Components
owned by a Participant remains with each Participant.
B. Each Participant must evaluate the financial viability for new System
Components and System expansions. The Board will not participate in the cost of
expansions to be owned by a Participant. The costs for new Laterals and Drops will be
borne by individual Participants.
C. The Board may provide tools for Participants to expand the System by the
addition of Laterals or Drops in accordance with the System Plan. This assistance would
be in the form of technical assistance in implementation of the projects. The Dakota
County Community Development Agency may provide financing assistance to
Participants but will not participate in paying such costs.
9. Operating and Maintenance Cost Sharing. As is further described in the System
Plan, Operating and Maintenance Costs will be separated into their logical parts. Responsibility
for each cost category then will be shared by Participants based on distribution parameters
appropriate for each category as determined by the Board.
Payment by Participants of their allocated share of Operating and Maintenance Costs will be in
addition to the annual Access Fee. The Board shall use the Access Fees and Basic Membership
Fees to offset a portion of the Operating and Maintenance Costs, as provided in the System Plan.
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10. Financing Initial I-Net and Initial C-Net Capital Improvements. The following
cost sharing provisions apply ONLY to the Initial Capital Projects. They do NOT apply to
System expansions as described in Section 8. As is further described in the System Plan, Initial
Capital Project costs will be shared as follows:
A. Initial I-Net Capital Improvements Costs. All municipal Participants and
the CDA will pay for their own switches and their associated optics along with the fit-up
costs relating to placement of the switches. Municipal Participants and the CDA will also
pay for their own Drops and Laterals along with all associated splicing and other
incidental costs, except that no municipal Participant or the CDA will be required to
extend more than two thousand (2,000) feet of fiber optic cable to reach its primary
access point. Each Municipal Participant will also contribute the same amount of funds as
other Municipal Participants, with the equal share amount to be determined by the Board,
to create an initial break/fix fund balance. Dakota County will pay for all other Laterals
necessary to provide adequate access to the System for all Participants along with
splicing and other costs associated with constructing the other Laterals. Dakota County
will also pay for all costs related to the creation of the core nodes.
B. Initial C-Net Capital Improvement Costs. The CDA will pay for all costs
relating to the Initial C-Net Capital Improvements as described in the System Plan.
11. Revenue Generation. As is further described in the System Plan, charges for
use of the System will be imposed as follows.
A. I-Net Usage and Charges. Each Participant may use the System to the
extent available within its boundaries for its own I-Net purposes on an unlimited basis, in
exchange for annual payment of its Access Fee. Other than through the payment of the
Access Fee, the Board shall not charge Participants for I-Net usage of the System.
B. C-Net Revenues. As further described in the System Plan, the Board
will establish and collect charges for use of the C-Net, including different rates or
charges for protected, versus unprotected, services. An amount equal to fifty per
cent (50%) of revenue generated by C-Net usage will go the Participant in whose
geographic limits the revenue is generated. An amount equal to forty five percent
(45%) of revenue generated will be distributed pro rata to the Participants based on
value of System assets provided by the Participants. An amount equal to 3.33% will
be distributed pro rata to non-county members only based on their population. An amount
equal to 1.67% will be distributed to Dakota County.
12. Establishment of a Relocation Fund; Submission of Capital Plans.
A. As further described in the System Plan, in the event of unanticipated need
to relocate System fiber optic cable and associated structures and equipment, the CDA, at
its option, may establish a fund which can be accessed by Participants for temporary
construction financing on terms determined by the CDA. If the CDA creates a relocation
fund, the Participants accessing relocation funds will repay the CDA beginning in the
Participant’s next budget year. The intent of this fund is to provide temporary
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construction financing to be repaid in the next budget year. However, in the case of
hardship, the CDA Board at its sole discretion may authorize a multi-year repayment
plan. All fund repayments will include interest at a rate to be established by the CDA
Board.
B. In order to minimize the unexpected need to relocate facilities, each
Participant shall submit its Capital Improvements Plans relating to any System
Components to the Board for review and comment prior to adoption thereof.
13. Default; Remedies. Upon the occurrence of any default hereunder, the Board and
each Participant shall have any and all remedies available to it at law or in equity.
14. Liability; Indemnification.
A. Responsibility for Own Acts and Omissions. No Participant shall be liable
for the acts or omissions of another Participant, unless it has specifically agreed in
writing to be responsible for the same. Each Participant acknowledges and agrees that it
is insured or self-insured consistent with the limits established in Minnesota State
Statutes. Each Participant agrees to promptly notify all Participants if it becomes aware
of any potential Board related claims or facts that are likely to give rise to such claims.
Neither the Board nor any Participant shall have the power to do any act or thing the
effect of which is to create a charge or lien against the property or revenues of the Board
or another Participant, except as expressly provided herein or in any of the documents
authorized herein.
B. No Waiver. Notwithstanding the foregoing, the terms of this Agreement
are not to be construed as, nor operate as, waivers of a Participant’s statutory or common
law immunities or limitations on liability, including by not limited to, Minnesota Statutes
Chapter 466. Further, the Participants’ obligations set forth in this Agreement are
expressly limited by the provisions of Minnesota Statutes Chapter 466 and Minnesota
Statutes section 471.59, and any other applicable law or regulation providing limitations,
defenses or immunities to the Participants and the Board. For purposes of determining
total liability for tort damages, each Participant and the Board are considered a single
governmental unit and the total liability for all of the Participants and the Board shall not
exceed the limits on governmental liability for a single governmental unit as specified
under Minnesota Statutes Section 466.04, Subd. 1, or as waived or extended by the Board
or all Participants under Minnesota Statutes Sections 466.06 or 471.981.
C. Indemnification. The Board shall be considered a separate and distinct
government joint powers entity to which the Participants have transferred all
responsibility and control for actions taken pursuant to this Agreement. The Board
shall comply with all laws and rules that govern a public entity in the State of
Minnesota and shall be entitled to the protections of Minnesota Statutes Chapter
466. Without limiting the application of Section 14.A, to the extent of any liability
insurance carried by the Board and available for such purpose, the Board shall
defend, indemnify and hold harmless each Participant from any and all liability
arising from or as a result of: (i) any accident, injury to or death of any person or
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loss or damage to property that may be directly or indirectly caused by the acts or
omissions of the Board; (ii) any act of the Board in the observation or performance
of any of its responsibilities, or any failure by the Board to perform any such
responsibilities; and/or (iii) any actions or inactions of Participants taken as a result
of their membership on the Board. Nothing in this Agreement shall be construed to
provide liability coverage or indemnification to an officer, employee, or volunteer of
any Participant for any act or omission for which the officer, employee, or volunteer
is guilty of malfeasance in office, willful neglect of duty, or bad faith. The Board shall
carry insurance which provides for coverage equal to or greater than commercial general
liability insurance in the amount of at least two million ($2,000,000) dollars. If the
Board employs any personnel, it shall also provide for worker’s compensation
benefits in the amount consistent with state statutes.
D. Uninsured Liability. If the Board incurs liability that is in excess of the
insurance obtained by the Board, or incurs liability that is outside the coverage of
such insurance, the liability shall be distributed among the Participants on the basis
of each Participant’s proportional contribution to the total Operations and
Maintenance costs of the Board in the year in which the action or inaction giving rise
to the liability is occurred.
15. Termination of Board; Disposition of Assets. This Agreement may be terminated,
and the Board dissolved, upon the vote of a Supermajority of the Board using Weighted Voting.
Prior to voting to terminate this Agreement, the Board shall adopt a plan providing for the
orderly disposition of assets and unwinding of agreements of the Board. Such plan shall provide
that following the disposition of any assets owned by the Board and the payment of all
obligations of the Board, any funds remaining shall be distributed to the Participants who have
not previously withdrawn in proportion to the total of all contributions made by the remaining
Participants in place at the time of dissolution.
16. Amendments. This Agreement may be amended at any time and from time to time
by agreement of all Participants who are members of the Board. Notwithstanding the foregoing,
no amendment shall adversely affect the security for any bonds or debt obligations issued by the
Board and outstanding at the time of the amendment.
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IN WITNESS WHEREOF, each of the Participants has caused this agreement to be executed on
its behalf by its respective authorized officers, all as of the date first above written.
DAKOTA COUNTY, MINNESOTA
By______________________________
Its ______________________________
Approved as to form
________________________________
Assistant County Attorney Date
[Additional Participant Signature Pages to be added.]
JPA – Dakota Broadband Board v209 – 11-30-2017
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CITY OF APPLE VALLEY
Date: By: __________________________
Mary Hamann-Roland, Mayor
Attest:
Date: By: ______________________
Pamela Gackstetter, Clerk
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CITY OF BURNSVILLE
Date: By: __________________________
Elizabeth Kautz, Mayor
Attest:
Date: By: ______________________
Macheal Collins, Clerk
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CITY OF FARMINGTON
Date: By: __________________________
Todd Larson, Mayor
Attest:
Date: By: ______________________
David McKnight, City Administrator
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CITY OF HASTINGS
Date: By: __________________________
Paul Hicks, Mayor
Attest:
Date: By: ______________________
Melanie Mesko Lee, City Administrator
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MINNESOTA/2003654.0005/12420934.6
CITY OF INVER GROVE HEIGHTS
Date: By: __________________________
George Tourville, Mayor
Attest:
Date: By: ______________________
Joe Lynch, City Administrator
18
MINNESOTA/2003654.0005/12420934.6
CITY OF LAKEVILLE
Date: By: __________________________
Douglas P. Anderson, Mayor
Attest:
Date: By: ______________________
Justin Miller, City Administrator
19
MINNESOTA/2003654.0005/12420934.6
CITY OF MENDOTA HEIGHTS
Date: By: __________________________
Neil Garlock, Mayor
Attest:
Date: By: ______________________
Lorri Smith, Clerk
20
MINNESOTA/2003654.0005/12420934.6
CITY OF ROSEMOUNT
Date: By: __________________________
Bill Droste, Mayor
Attest:
Date: By: ______________________
Clarissa Hadler, Clerk
21
MINNESOTA/2003654.0005/12420934.6
CITY OF SOUTH ST. PAUL
Date: By: __________________________
James Francis, Mayor
Attest:
Date: By: ______________________
Christy Wilcox, Clerk
22
MINNESOTA/2003654.0005/12420934.6
CITY OF WEST ST. PAUL
Date: By:___________________________
Jenny Halverson, Mayor
Attest:
Date: By: ______________________
Chantal Doriott, Clerk
DAKOTA COUNTY DEVELOPMENT AGENCY
Date: ____________________________ By: _______________________________
Attest:
Date: _____________________________ By: ________________________________
23
2
MINNESOTA/2003654.0005/12420934.6
Schedule A
Initial Dakota Broadband Participants
City of Apple Valley
City of Burnsville
City of Farmington
City of Hastings
City of Inver Grove Heights
City of Lakeville
City of Mendota Heights
City of Rosemount
City of South St. Paul
City of West St. Paul
County of Dakota
Dakota County Community Development Agency
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pple Valley Convention and Visitors B ureau (C V B)
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
1. Extend agreement with the Apple Valley Chamber of C ommerce to administer the C VB
through D ecember 31, 2018.
2. Approve 2018 C VB budget and marketing plan.
S UM M ARY:
T he City has been using a series of one-year agreements with the C hamber for administration
of the C VB. T here are no substantive changes to the terms of the agreement. A s part of the
agreement, the City also approves the annual operating budget for the C VB. Included with
this document are the proposed budget and the marketing plan that explains the rationale for
the budget proposal.
B AC K G RO UND :
T he annual C VB budget has two primary revenue sources--the annual anticipated lodging tax
proceeds and carry-over or fund balance built up from previous years. T he lodging tax
proceeds are variable with the economy and it is common to have some good years and other
less good years for revenues. Because there is often less need to run advertising during good
years when hotel occupancy rates are high, the C VB has in some good years built up a carry-
over that can be used to help pay for advertising during less good years when the benefit
from additional advertising is greater.
Ed Kearney met with the C ity Council on December 14, 2017 to discuss initiatives in the
marketing plan and budget and to discuss possible uses for some of the current fund balance.
T he C VB is responsive to the input from its business partners. Advertising strategies are
based on the input and suggestion of the local businesses. In addition, the C VB projects
what types of advertisement opportunities will be available in the coming year. In past years
with print advertising, it was possible to project line-item advertisements. With highly
variable on-line advertising opportunities, line item projections are not feasible. T he C VB
has a fund balance from carry-over funds would allow for projected advertising campaigns,
even if there was a revenue shortfall.
T he 2017 budget projects total expenditures of $86,235.50. T he annual administration
expenses remain at $16,000. T he remaining funds are for direct marketing activities. T he
attached marketing plan prepared by C hamber President Ed Kearney explains in more detail
why certain ad campaigns were postponed and the rationale for the proposed 2018
campaigns.
B UD G E T I M PAC T:
T he agreement pays the Chamber 95 percent of annual proceeds from the lodging tax.
AT TAC HM E NT S:
Agreement
Marketing P lan
Budget
CONVENTION AND VISITORS BUREAU AGREEMENT
THE CONVENTION AND VISITORS BUREAU AGREEMENT, (the “Agreement”)
is made by and between the City of Apple Valley, a Minnesota municipal corporation (the
“City”) and the Apple Valley Chamber of Commerce, a Minnesota non-profit corporation (the
“Chamber”) and jointly referred to as the “Parties”.
WHEREAS, under the authority of Minn. Stat. §469.190, the City by ordinance imposed
a local lodging tax to fund a local convention and visitors bureau for the purpose of marketing
the City as a tourist center; and
WHEREAS, the Chamber has established and will maintain a convention and visitors
bureau (the “CVB”) for the purposes of marking the City; and
WHEREAS, accepting the services of the CVB to promote the City as a tourist center is
desirous and required in order to efficiently and effectively promote the City’s tourism business;
and
WHEREAS, the CVB is capable of handling all monies funded by the City for the
purposes of marketing the City as a tourist center; and
WHEREAS, to provide for the marketing of the City as a tourist center, it is in the best
interest of the City and the Chamber to enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises, the Parties hereto
agree as follows:
1. Convention and Visitors Bureau Created. The Chamber agrees to maintain a
Bureau, to be knows as the Apple Valley Convention and Visitors Bureau, which
Bureau shall be a division of the Chamber. The CVB shall consist of seven (7)
members. The CVB shall include two (2) members appointed by the Apple
Valley City Council; the remaining members, all of whom shall live or work in
the City of Apple Valley, shall be appointed by the Chamber.
2. Services Rendered by Bureau. The CVB shall develop and administer programs
to advance the economic impact of tourism in the City through planning efforts to
improve the tourism product/ service mix in Apple Valley and by attracting
visitors, meetings, trade shows and other like events. The CVB shall develop and
administer such programs in accordance with the CVB’s annual marketing plan.
3. Information/Charges. All services provided pursuant to Paragraph 2 of this
Agreement shall be without charge to any person or organization using such
services except those charges necessary to cover out of pocket expenses and the
cost of administration as the CVB deems necessary.
2
4. Funding. The City shall remit to the Chamber ninety-five percent (95%) of the
City’s gross proceeds from the lodging tax imposed under the City’s ordinance,
however, the total amount of the proceeds remitted to the Chamber shall not
exceed $100,000.00. Such funds paid by the City shall be used by the CVB
exclusively for the purpose of funding the CVB’s services under this Agreement.
5. Budget Approval. The Chamber shall submit to the City an Annual Operating
Budget (the “Budget”) for the CVB for approval by the Apple Valley City
Council on or before December 31 of each previous year. Such Budget shall
detail with specificity the uses to which the funds shall be spent to provide the
services required hereunder. No modification in such Budget shall be made in
excess of ten percent (10%) without prior approval of the Apple Valley City
Council. The CVB shall have no deficit financing. Funds may be carried into the
next year however when appropriate.
6. Verification of Expenditures. The Chamber shall submit to the City, a copy of
the CVB’s monthly checking (and any other banking) statements and an annual
financial statement, verified by the President of the Chamber. The City shall have
the right of access to the books and records of the CVB, at any time during
normal business hours, to audit any item of revenue or expenditure. The Chamber
shall provide for at least two signatures being needed to draw on the checking
account and any other banking account holding the funds of the CVB.
7. Indemnification. The Chamber agrees to indemnify, defend and hold the City
harmless for any claims, demands, actions or causes of action arising out of any
act or omission on the part of the Chamber, its agents, servants or employees in
the performance of or with the relation to any of the work or services performed
or furnished by the Chamber or the CVB under this Agreement.
8. Insurance.
A. General Insurance Requirements. The Chamber shall not commence
any work or services under this Agreement until is has obtained all
insurance required under this provision and shall have filed a Certificate of
Insurance or certified copy of the insurance policy with the City. Each
insurance policy required hereunder shall contain a clause providing that it
shall not be canceled, reduced in coverage or lapsed by the insurance
company without thirty (30) days’ written notice to the City of its intent to
cancel or effect a reduction of coverage or non renewal.
B. Liability Insurance. The Chamber shall procure and maintain during the
term of this Agreement general persona injury liability and property
damage insurance with a minimum coverage limit of $500,000.00 per
occurrence which shall protect it, the CVB and the City from claims for
damages for personal injury, including accidental deaths, which may arise
from the work or services furnished under this Agreement, whether such
3
work or services be by the Chamber or by anyone directly or indirectly
employed by the Chamber. The Chamber shall procure and maintain
during the term of this Agreement, liability and property damage
insurance for the CVB’s directors.
C. Workers Compensation and Employer’s Liability Insurance. The
Chamber shall secure and maintain during the term of this Agreement,
Worker’s Compensation and Employers’ Liability Insurance as required
by law for its employees engaged directly or indirectly in the work and
services under this Agreement. The Chamber shall also maintain
insurance required under any other employee benefit acts in force and
required by law. The City shall be named as an additional insured.
9. Alteration or Modification of Agreement.
A. Any alteration, variation, modification or waiver of any provision of this
Agreement shall be valid only after it has been reduced to writing and duly
signed by both Parties.
B. This Agreement shall constitute the entire Agreement between the Parties
and supercedes all prior oral or written negotiations relating to the subject
matter hereof.
10. Term of Agreement. The Agreement shall be dissolved automatically on
December 31, 2018 subject to reconfirmation by the City and the Chamber.
Either party may withdraw from this agreement with at least 60 days notice
subject to take effect on December 31st of said year during the duration of this
agreement.
11. Waiver of Breach. The waiver by either party or any breach of this Agreement
by the other party shall not operate or be construed as a waiver of any other
breach.
12. Assignment. The Chamber shall not assign, transfer, encumber, hypothecate, or
otherwise dispose of any of its right, title or interest in, or to, or under this
Agreement without the prior written consent of the City, and any purported such
assignment, transfer, encumbrance, hypothecation or disposition without such
consent shall be prohibited and void.
13. Notices. Any notice required or permitted under this Agreement shall be in
writing and shall be deemed to be given when and if sent by certified mail, return
receipt requested, postage prepaid, properly addressed as follows, or such other
address as may hereafter be designated in writing by either of the Parties:
4
IF TO THE CITY: CITY OF APPLE VALLEY
7100 West 147th Street
Apple Valley, Minnesota 55124
IF TO THE CHAMBER: APPLE VALLEY CHAMBER OF COMMERCE
14880 Galaxie Avenue, Suite 101
Apple Valley, Minnesota 55124
14. Severability. The provisions of this Agreement are not intended to be severable,
and the invalidity or unenforceability of any said provisions, or any portion
thereof, shall not render the remaining provisions of this Agreement inapplicable
or unenforceable.
15. Law Governing. This Agreement shall be governed by and interpreted under the
laws of the State of Minnesota.
16. Headings. All headings preceding the paragraphs herein are for the purpose of
identification only and may not be used for the purposes of construing any
provisions contained herein.
17. Singular-Plural. Wherever necessary or proper herein, the singular imports the
plural and vice versa, and masculine, feminine and neuter expression shall be
interchangeable.
18. Counterparts. This Agreement may be executed in one or more counterparts, all
of which shall be deemed one and the same original instrument.
Passed and duly adopted this _____ day of _______________, 2017 by the City Council
of the City of Apple Valley.
CITY OF APPLE VALLEY
___________________________________
By: Mary Hamann-Roland
Its: Mayor
____________________________________
By: Pamela J. Gackstetter
Its: City Clerk
5
Passed and duly adopted this _____ day of ______________________, 2017 by the
Board of Directors of the Apple Valley Chamber of Commerce.
APPLE VALLEY CHAMBER OF
COMMERCE
___________________________________
By: Matthew J. Schaap
Its: Chair
____________________________________
By: Edward G. Kearney
Its: President
Apple Valley Chamber & Convention & Visitors Bureau
2018 Marketing Plan
Preface: The Annual Marketing Plan document is intended as a guideline for tourism promotional
efforts during each calendar year. This document has a budget attached for 2018. The CVB Board is part
of the Apple Valley Chamber of Commerce and follows the Chamber’s bylaws and procedures with
oversight by the Chamber Board of Directors. The City and Chamber both appoint representatives to
the CVB Board to keep balanced input from hotels, restaurants, attractions and other stakeholders.
New Innovative Approach to Tourism
After several brainstorming meetings with our webmaster Adam Bengsten who is an expert in
the virtual world and has always been a step ahead of the trends, we are partnering together
again to take our tourism marketing and communications to a level no one else currently has.
The AVCVB Board met and was thrilled with this new online proactive approach to tourism, as a
stat was given at the board meeting that over one-half of all inquiries in any form be it website,
social media, text or email is now done on phones. Our print footprint has been greatly
reduced as we cover only the most prominent print media now and in the future.
• SUPERBOWL SOCIAL MEDIA COMMAND—Minnesota Zoo is on our Apple Valley CVB Board and
said they would work with us on advising setting up a volunteer driven Superbowl Social Media
Command Center. They would meet in one location such as the Chamber conference room and
advise proactively, anyone inquiring online via social media where to stay, restaurants, find
special services, attractions, transit options, churches, shopping, airport, emergencies as well as
the overall activities in the Twin Cities for Superbowl related events.
• CHATBOT—Visitors to our Apple Valley CVB site will hopefully by mid-2018, be greeted with
written “pop up” responses of “intelligent messaging.” These will be pre-written messages that
converse with a potential visitor and even via email as well such as in Facebook Messenger or on
the website. For example, we may ask them “why are you planning to visit and what are the
interests and ages of your family or group?” The answers will be customized to that visitor.
• MICRO-SITES—Apple Valley often is host to major events such as Special Olympics these last two
years, various sports youth and high school sporting/dance/music events. In 2018, we will build
at no charge to the various event planners, a MICRO-SITE specifically for that event’s specific
needs with all of the needed links, welcome packages, options, calendar of events etc. Examples
might be the SUPERBOWL, WINTER & SUMMER CONCERT SERIES (KELLEY PARK & MN ZOO),
SPORTING TOURNAMENTS in soccer, wrestling, golf, baseball, basketball, cheerleading, bowling,
hockey, special Olympics, senior games, cycling, lacrosse, etc. and working closer with both high
schools and the school of environmental studies.
• SNAPCHAT FILTERS—As Snapchat becomes the cultural rage, we want to offer the over 1.3
million visitors to Apple Valley annually, the option of filters they can add to their photos that
have local graphics they lay over their photos that have icons, pre-written Apple Valley and MN
Zoo Graphics so that when they post their photos, their “friends” see Apple Valley, zoo animals,
apples, calligraphy, or fun masks, makeup or even animal ears and features to their own faces
automatically as an option over their personal photos to post to the world.
• SOCIAL MEDIA—Adam Bengsten has helped us keep our social media current weekly and has
brought us thousands of views. We are enhancing it further with “real-time” Facebook feeds
from events, more control via staff and volunteers for messaging and being sensitive to the
City’s concerns we keep a careful delicate balance between what is local and what is regional.
Recent Developments
• ABDALLAH CANDIES--Positive development in Apple Valley Tourism includes Abdallah Candies
building and locating their corporate headquarters in Apple Valley as well as their motorcoach
friendly new Factory Candy Store.
• GRANDSTAY MANAGEMENT CHANGE--An uncertain development is that GrandStay Hotel has
lost longtime GM Tony Lawler to a larger hotel consortium. The new management company is
out of Oregon and it concerns us with control long longer being local. We are reaching out to
the new just hired GM to see how we can work closer with them and to learn their future plans.
Budget Highlights:
o The 3% Lodging Tax (as prescribed for cities by state law), has seen a steady revenue
stream for hotel and tourism promotion in Apple Valley. We have maintained the print
media that has worked in the past but a greater portion of the budget each year is
dedicated, to social media, website and mobile ease of use via “responsive websites”
which adapts to any size phone, watch or tablet.
o We enjoyed great efficiencies and advice from our Webmaster Adam Bengtson on who
himself for many years was President of Bloomington Chamber of Commerce as well as
with the Dakota County Regional Chamber. Adam and Chamber President Ed Kearney
are finding newer ways to reach a more targeted audience (see above’s Innovative
Approach) whom make more immediate decisions faster online and with shorter notice.
Explore MN, the official State Tourism Office’s name has default settings that do
not favor Apple Valley or the MN Zoo (which the State owns). Their site is less
relevant to Apple Valley than in the past. Search results takes many pages just
for a tourist to find us so we no longer have a partnership with them. We have
for 4 consecutive years, taken the savings from not wasting our money for a
poor search criteria and instead built up our strong reserves, while relying
primarily online to accomplish our goals and stated results.
• They wanted up to $12,000 for a metro partnership membership for us
to continue being part of the Metro Coalition of CVB’s who combine
marketing efforts. We have said no due to us being lost in their search.
• We have found their media results tends to be label-lead based rather
than web based and expensive for mailing to thousands when our
approach is to become more web-based and tied into tourism apps and
websites where most people are searching and booking via 3rd party
tourism websites. Our innovative ideas above will bypass the mail.
• Minnesota Zoo who is represented on our CVB Board told us that over
70% of their online activity is via smart phones which confirms we are
on the correct path for marketing tourism for Apple Valley.
• In addition Explore MN metro partnership wanted $7500 for us to be
prominent under the “metropolitan area” which had the same results.
o Apple Valley hotels do not come up on the state’s website until
many pages with hotels as far as Shakopee and Bloomington
appearing under Apple Valley. It defaults to a 15-mile radius
with others all listed first.
o As we stated in our 2016 Marketing Plan, the CVB has continued to spend less during
these four years in order to build reserves to their healthy level for Apple Valley’s CVB to
use for any future tourism slumps which are inevitable.
o There are reasons to keep a strong reserve:
If such tourism shocks happen be it terrorism with Mall of America, spiking gas
prices, public health scares (SARS)(Zika)(terrorism)(airline accidents/strikes) etc.
If another severe recession hits this next year or two, we are prepared.
The “Zika Mosquito” virus last year was sweeping through the southern
hemisphere and this past summer it was spreading in Florida. Just this past
week Chamber President saw billboards in Chicago talking about protecting
from Zika both downtown and near the airport. Minnesota is known as a
mosquito destination to most visitors. With our airport so nearby and a few pair
end up in Minnesota and spread via Delta, we want to be prepared to do
massive promotions at a time when the hotels most need to be promoted. Our
Minnesota Zoo and our Lebanon Hills campgrounds would suffer the largest hit
from the perception or reality of Zika. The MN Zoo with all it’s woods, ponds
and animals would suffer irreparably if this mosquito virus moves in here.
If a new technology comes along (virtual reality, drones), we can get ahead of
our competitors for visitors and invest in it early where we can gain the greatest
share.
We have hired Nick Martinez, a Delta pilot and recently on the Chamber Board.
He and his wife who has a Master’s in aeronautics, own a drone company. We
purchased fantastic drone shots of Minnesota Zoo (whom we secured flyover
permission from) and even recently gave the city photos for an Amazon
Proposal they were entertaining. The shots are spectacular
o Both Apple Valley Hotels, GrandStay and the new owners of AmericInn have told us
their year has gone very very well and that summer promotion in particular is
unnecessary. The CVB Board decided to skip our usual $20,000 direct mail piece to area
residents for referrals, an instead create an MOSTLY ONLINE STRAGEGY with even more
emphasis on Social Networking. They loved the social networking daily entries by Adam
Bengtson and want it to continue even at a higher level.
o Three years ago with great effort and creativity, the Chamber built the CVB its own
website VisitAppleValley.com which for the first time, separated the CVB from the
Chamber website. As we stated in last year’s plan, we have now partially integrated the
two closer back and better link the two sites in order to maximize cross traffic on both
sites. The CVB site has an emotional appeal and received great accolades and traffic.
o We have saved a contingency fund of $25,000 to assist the city in building a Visitor
Monument on Cedar & I-35E to total $15,000 in 2016. We hope the City Attorney finds
a favorable interpretation of the state tourism lodging-tax law for us to use it for
advertising marketing via signage for more of the 1.3 million MN Zoo visitors knowing
where our downtown area is located for meals, shopping and lodging. Until then, we
have stopped adding to the fund for three years now but still have the past
contributions in a contingency account at BMO Harris for future signage.
o Why the need for visitor signage? We made a video of all signs on I-35 coming into
Burnsville just before 42, 35E, Cedar southbound from Mall of America, Hwy 55 from
Rochester to Rosemount and not one sign anywhere of either Apple Valley or
Minnesota Zoo (except the zoo is mentioned on Cedar & 35E once a visitor is in Apple
Valley.) We feel 52,000 people and 650+ businesses should be NOT be invisible to
visitors. Currently 1.3 million zoo visitors, IMAX at night, hundreds of statewide school
buses and concert-goers are not served with the convenience of proper directional
signage to our zoo nor our growing downtown on county and state roads.
o Our Board of Directors was approached by the Zoo Director (from San Francisco) and
the new Assistant Director (former 6 year head of ValleyFair) about signage issues they
are also having with the State. We plan to join together and address the issue together.
There were many changes last year.
Both hotels underwent both interior and exterior reconstruction, new beds, tv’s, dining areas.
We are so happy that our hotels have reinvested into Apple Valley and tourism will only increase
over time with new investment.
MN Zoo has named John Frawley as the new MN Zoo Director in 2016. He now has a year under
his belt and a new vision for the zoo. 26 years ago, he was a zookeeper at the MN Zoo and
came to us from San Francisco based Bay.org, a not-for-profit to protect San Francisco bay and is
a nationally recognized leader within the zoo and aquarium community. The CVB looks forward
to working closely with him as we did with Lee Ehmke. We will attempt to be named back on
the Zoo’s Legislative Board where we were for over 10 years.
Chamber President Ed Kearney had an idea which the new Zoo Director loved so Ed was invited
to have a catered tablecloth lunch in the Director’s office. Ed invited two YMCA Directors to join
him at the luncheon as it concerns the untapped land-use at the zoo’s vast acreage of land. Ed’s
ideas were discussed at length with the Director and the Assistant Director for nearly 2 hours.
Without sharing the details here for future growth at the zoo, they asked for a follow up
meeting to discuss feasibility. We are now better positioned as a CVB to become closer partners
with the Zoo than we ever have been.
GrandStay Hotel two years ago added an interior hallway to connect their LaGrand Conference
Center to the hotel. They also recently replaced the Panino Bros. Bar with the “quieter for
guests” bar/restaurant Celt’s. The new Celt’s owners are working closely with GrandStay for
their liquor being offered for catered events at LaGrand Conference. In addition, GrandStay no
longer is offering the public or companies, four restaurants for catering. Instead, they have a
chef and will now handle all catering requests “in-house.” We have booked many luncheons
there as well as the Countywide Business After Hours we hosted for six cities and the food was
much better than in the past. This is a very positive development.
Valleywood’s event center is already helping us attract weddings, meetings, small conferences,
training seminars and sports celebrations, something we used to lose to other surrounding
cities. We still need a place however for very large weddings in the future such as the 300-350
range. Clearly a city owned event center doesn’t compete with privately owned centers as there
is still great demand. If Valleywood Clubhouse were to ever double in size as far as one large
dividable banquet room, we see Chamber Galas, large weddings and corporate, sports and non-
profit groups booking Valleywood Clubhouse annually. With all of the churches and weddings in
Apple Valley, this is an opportunity cost going to other cities. It is not even large enough for the
Chamber’s gala but if expanded, we would certainly book Valleywood.
The new CVB site (as well as the Chamber’s site) both employ a new technology called
“Responsive Technology” which allows the site to automatically adjust in size to any device be it
PC, tablet, phone or watch without shrinking the size of the letters and photos to really small. It
is really easy to read. This technology is sort of like the “spandex” of the web and fits all devices.
CTM Brochure distributes our Apple Valley Tourism brochure at over 600 racks from Des Moines
to Duluth. This is our second year with added brochure distribution points in Wisconsin in Eau
Claire and Rochester down to La Crosse, Wisconsin. We just updated the Visitor Brochure for
Apple Valley also which features the addition of Abdallah Candies and their gift shop.
The CVB continues to donate money for many of the local sporting events at the High Schools,
bowling alleys and park and recreation fields and facilities. Most of the money is for “Welcome
to Apple Valley” ads in the event programs with visitor website information. Hockey, bowling &
soccer are the most popular events and we always put “Welcome to Apple Valley” ads in each.
We also assisted with the Minnesota Special Olympics which were held at Eastview for the
second consecutive year. We know they do not plan a 3rd year here.
The Chamber secured an extra 20,000 city maps for sports/band tournaments which we
distributed to schools for their events at no charge to them. The city is on one side and Twin
Cities region is on the back. The CVB’s walking around maps of restaurants is even more in
demand.
Our Red-line Transit BRT Line is a real asset to both hotels. Within one block of either hotel,
visitors or just part of their family can take the transit to the outlets, Mall of America or to either
Minneapolis or St. Paul downtown areas.
Continuing CVB Programs
We will again in 2018 have Apple Valley with a strong presence on the Calendar pages of the
enhanced marketing in Explore Minnesota’s Newspaper insert in the Star Tribune to millions of
readers statewide (3 times per year) and distributed at Visitor Centers and in fulfillment mailings
and also put in every Star Tribune delivered statewide at least 3x annually.
We will purchase another re-print of our popular walking around map of downtown Apple
Valley for the hotels counters in full color tear off sheets and for major events. IMAX and the
campgrounds also uses these in great quantity. The Chamber also bought map racks for our
hotels and IMAX which are pocket size folded for visitors. They have been a huge hit.
We continue taking advantage of our larger than life Apple Valley IMAX screen ads promoting
our hotels, restaurants and shopping to thousands of IMAX viewers on their screen every movie.
These ads also help support IMAX and the MN Zoo directly in cross promoting Apple Valley with
the MN Zoo visitors of 1.3 million people. Our direct mailings have proven that much of our
hotels are filled via resident referrals to relatives, events and company management visits from
headquarters.
Chamber/CVB Leadership
• Chamber President Ed Kearney in his 16th year as President, recently served two terms as the
Chairman of the Metropolitan Coalition of Chambers of Commerce. This leadership brings great
attention to Apple Valley as well as helps with future co-op opportunities with other CVB’s and
Chambers.
• Ed two years ago was selected by the US Chamber Board Chairman of their Institute Program at
Loyola Marymount College in Los Angeles, California, to be in head of their incoming junior class
of Chamber Presidents. Only four Chamber Presidents in the country were selected to help lead
this non-profit certification program. Ed Kearney completed his own certification in this
program 12 years ago. This is a 4 year summer program where Chamber Presidents become
certified by US Chamber as IOM or a degree of Institute of Organizational Management. This is
a huge honor to be one of only four selected out of thousands of Chamber Presidents in the US.
• Chamber President Ed Kearney had spent nearly a decade representing Apple Valley on the
critical Minnesota Zoo’s Legislative Board. We have been part instrumental in helping secure
$42 million for the Minnesota Zoo the last three years that paid for their Grizzly Coast and now
the “Heart of the Zoo” $20 million project completed last year. This funding helps expand the
Zoo into a world class Zoo, thereby benefitting Apple Valley directly.
• Chamber President Ed Kearney also has top experience in having spent nearly a decade as
Director of Tourism for Colorado Springs CVB as well as a year a the head of domestic and
international tourism departments for Mall of America.
• Chamber President Ed Kearney serves on many boards but is very proud to have been asked by
Superintendent Jane Berenz to be on School Districts Facilities Expansion advisory board. Ed
also has served three years on Wings Financial’s Minnesota Advisory Board, the YMCA’s, DCTC’s
Entrepreneur Board, two term Chairman of Metro Chamber Presidents and many others.
Attachment: Apple Valley Convention & Visitor Bureau 2018 Budget
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Release of American F amily Mutual I nsurance Company f or Damages to Sanitary
S ewer Main at 13035 Hamlet Avenue on November 6, 2016
S taff Contact:
Carol Blommel J ohnson, P ublic Works S uperintendent -
Utilities
D epartment / D ivision:
Utilities D ivision
AC T I O N RE Q UE S T E D:
Approve the release of American Family Mutual Insurance C ompany for damages by C rown
Underground, LLC , to the sanitary sewer main at 13035 Hamlet Avenue on November 6,
2016, in the amount of $13,237.72.
S UM M ARY:
T he City incurred costs to repair a sanitary sewer main in the street at 13035 Hamlet
Avenue. T he main was damaged by the installation of conduit by C rown Underground for
Charter C ommunications. After the C ity had repaired the sewer main, an invoice for
contractor fees, street restoration, and City personnel and equipment costs was prepared and
sent to Crown Underground. (Invoice attached.) T he invoice was submitted by C rown
Underground to their insurance company, American Family, for payment.
American Family is requesting a signed release before issuing full payment to the C ity for
the invoice amount.
T he C ity A ttorney's office has reviewed the release and approved executing signatures.
B AC K G RO UND :
On Sunday, November 6, 2016, the C ity of Apple Valley Public Works Department was
notified of a sanitary sewer backup at 7842 131st Street W. Upon investigation and remedy
of the incident, it was found that orange conduit was bored through the sanitary sewer main at
13035 Hamlet Avenue causing the backup.
B UD G E T I M PAC T:
Credit payment to 5375.6269.
AT TAC HM E NT S:
I nvoice
L etter
I T E M: 4.K .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove P rof essional Services A greement with Midwest Electrical Technologies, I nc., R elated to
I nspections of E lectrical I nstallations
S taff Contact:
George Dorn, B uilding Official
D epartment / D ivision:
B uilding I nspections Division
AC T I O N RE Q UE S T E D:
Approve professional services agreement with Midwest Electrical Technologies, Inc., for
electrical inspection services for 2018 through 2020.
S UM M ARY:
Attached is a draft proposed agreement with Midwest Electrical Technologies, Inc. for
electrical inspection services for 2018 through 2020. T he City currently has a professional
services agreement with Midwest Electrical Technologies, Inc. for electrical inspection
services, which will expire on December 31, 2017. Midwest Electrical Technologies has
provided inspection services to the city for over 7 years and staff would recommend keeping
Midwest Electrical Technologies on contract.
Minor modifications to the proposed agreement are expected. Due to the timeline, staff is
recommending approval of the agreement subject to final revisions and changes as approved
by the City Administrator and City Attorney.
B AC K G RO UND :
Staff solicited quotes for electrical services from six (6) inspectors. Two (2) inspectors
provided quotes: Midwest Electrical Technologies and McMullen Inspections. McMullen
Inspection proposed an 80/20 cost split and did not offer plan review services. Midwest
Electrical Technologies offered a 70/30 cost split along with plan review services at $85 per
hour.
B UD G E T I M PAC T:
T he terms of the attached agreement agreement stated that Midwest Electrical Technologies,
Inc . will receive 70 percent of the permit fee, and the City will receive 30 percent of the
permit fee for administrative work associated with the permit.
AT TAC HM E NT S:
Agreement
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreements with R inkside Advertising Network f or One-Year L ease of Advertising
S pace within Hayes P ark Arena for
S taff Contact:
B arry B ernstein, P arks and Recreation D irector
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve the agreements with Rinkside Advertising Network for one-year leases of
advertising space within Hayes Park Arena for:
1. Cub Foods
2. T RIA
3. Health Partners
S UM M ARY:
Rinkside Advertising Network wishes to enter into one-year lease agreements with the C ity
of Apple Valley for posting of Cub Foods, T RIA, and Health Partners advertising on dasher
boards within Hayes Park Arena. Rinkside Advertising N etwork will make a one-time
payment of $400.00 for each lease.
Staff recommends approval of the lease agreements using the standardized advertising
agreement form provided by the C ity A ttorney's office.
B AC K G RO UND :
Arena staff has been actively pursuing the sale of advertising rental space on dasher boards,
wall signs, ice resurfacer and the scoreboard, as well as in-ice logos since 2015. One-
hundred percent of the sales profit goes toward arena operation costs.
Rinkside A dvertising Network is a third party company that works to lease space within
arenas across the Twin Cities metro area. T hree agreements with the company are attached
for C ity Council consideration.
B UD G E T I M PAC T:
Revenue of $400.00 per one-year lease x 3
AT TAC HM E NT S:
Agreement
Agreement
Agreement
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Pro A ct, I nc., f or 2018 C leaning Services
S taff Contact:
B arry B ernstein, P arks and Recreation D irector
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve agreement with ProAct for 2018 cleaning services.
S UM M ARY:
Attached please find a copy of the proposed service agreement with ProAct, Inc. ProAct is a
Dakota C ounty non-profit organization serving people with disability barriers to employment.
T heir work crews perform janitorial and grounds keeping tasks at various park facilities and
are reimbursed with a nominal hourly rate of pay.
B AC K G RO UND :
T he crews have successfully been performing this service for the C ity of Apple Valley for
more than ten years. Staff has reviewed this agreement and recommends City Council
approval based on previous experience with ProAct, Inc. Please contact me if you need more
details regarding the services provided.
B UD G E T I M PAC T:
$9,882.00
AT TAC HM E NT S:
Agreement
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Egan C ompany for Project 2018-102, Traffic S ignal and S treet L ight
Maintenance
S taff Contact:
Michael Glewwe, Public Works Superintendent - Streets
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Approve agreement with Egan for Project 2018-102, Traffic Signal and Street Light
Maintenance.
S UM M ARY:
On November 22, 2017, C ity staff solicited quotations from five companies to perform
maintenance and repairs on City owned traffic signals and street lights through December
2020. Only two companies submitted quotes. Egan C ompany submitted the lowest proposal
based on hourly rates and materials applied to quantity estimates in the attached bid
tabulation.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
Dakota C ounty will continue to provide routine maintenance of C ity owned traffic signals.
T he signal maintenance portion of this contract would apply only in the event Dakota C ounty
is unable to respond in a timely manner.
B UD G E T I M PAC T:
Funding for this project is included in the 2018 operating budget for the Public Works Streets
Division.
AT TAC HM E NT S:
Quotation
BID TABULATION
CITY PROJECT 2018-102
TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE CONTRACT
No.Item Unit Qty
Estimate
Regular
Time Over Time Week Ends Holiday TOTAL Regular
Time
Over
Time
Week
Ends Holiday TOTAL
1
Hourly Rate for Street
Light Repair Work &
One (1) Employee Per Hour 2 $ 187.20 $ 255.68 $ 322.12 $ 322.12 1,087.12$ $ 105.00 $ 157.50 $ 210.00 $ 210.00 1,365.00$
2 Second Employee Per Hour 2 $ 142.60 $ 177.26 $ 223.94 $ 223.94 767.74$ $ 105.00 $ 157.50 $ 210.00 $ 210.00 1,365.00$
Equipment Unit
Qty
Estimate
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
3 Hourly Equipment Rate Per Hour 2 $ 76.00 $ 160.00 $ 96.00 $ 36.00 368.00$ $ 20.00 $ 45.00 $ 40.00 $ 20.00 250.00$
Other Equipment Unit Compressor Loop Saw
4 Hourly Equipment Rate Per Hour 2 $ - $ - $ - $ - -$ $ 20.00 $ 20.00 80.00$
5
Material Mark-Up Over
Actual Cost Percent $ 1,000.00 15%1,150.00$ 20%1,200.00$
No.Item Unit
Qty
Estimate
Regular
Time Over Time Week Ends Holiday
Regular
Time
Over
Time
Week
Ends Holiday
6
Hourly Rate for Street
Light Repair Work &
One (1) Employee Per Hour 2 $ 191.20 $ 259.68 $ 326.12 $ 326.12 1,103.12$ $ 110.00 $ 165.00 $ 220.00 $ 220.00 1,430.00$
7 Second Employee Per Hour 2 $ 146.60 $ 181.26 $ 227.94 $ 227.94 783.74$ $ 110.00 $ 165.00 $ 220.00 $ 220.00 1,430.00$
Equipment Unit
Qty
Estimate
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
8 Hourly Equipment Rate Per Hour 2 $ 78.00 $ 162.00 $ 98.00 $ 38.00 376.00$ $ 25.00 $ 50.00 $ 40.00 $ 20.00 270.00$
Other Equipment Unit Compressor Loop Saw
9 Hourly Equipment Rate Per Hour 2 $ - $ - $ - $ - -$ $ 20.00 $ 20.00 80.00$
10
Material Mark-Up Over
Actual Cost Percent $ 1,000.00 15%1,150.00$ 20%1,200.00$
YEAR 2018 - SIGNAL LIGHT REPAIR
YEAR 2019 - SIGNAL LIGHT REPAIR
Egan Company
Bidder 1 Bidder 2
Killmer Electric Co., Inc.
Page 1
YEAR 2018 - SIGNAL LIGHT REPAIR
Egan Company
Bidder 1 Bidder 2
Killmer Electric Co., Inc.
No.Item Unit
Qty
Estimate
Regular
Time Over Time Week Ends Holiday
Regular
Time
Over
Time
Week
Ends Holiday
11
Hourly Rate for Street
Light Repair Work &
One (1) Employee Per Hour 2 $ 195.20 $ 263.68 $ 330.12 $ 330.12 1,119.12$ $ 115.00 $ 172.50 $ 230.00 $ 230.00 1,495.00$
12 Second Employee Per Hour 2 $ 150.60 $ 185.26 $ 231.94 $ 231.94 799.74$ $ 115.00 $ 172.50 $ 230.00 $ 230.00 1,495.00$
Equipment Unit
Qty
Estimate
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
13 Hourly Equipment Rate Per Hour 2 $ 80.00 $ 164.00 $ 100.00 $ 40.00 384.00$ $ 30.00 $ 50.00 $ 40.00 $ 25.00 290.00$
Other Equipment Unit Compressor Loop Saw
14 Hourly Equipment Rate Per Hour 2 $ - $ - $ - $ - -$ $ 25.00 $ 25.00 100.00$
15
Material Mark-Up Over
Actual Cost Percent $ 1,000.00 15%1,150.00$ 20%1,200.00$
No.Item Unit
Qty
Estimate
Regular
Time Over Time Week Ends Holiday
Regular
Time
Over
Time
Week
Ends Holiday
1
Hourly Rate for Street
Light Repair Work &
One (1) Employee Per Hour 8 $ 508.80 $ 1,022.72 $ 1,288.48 $ 1,288.48 4,108.48$ $ 105.00 $ 157.50 $ 210.00 $ 210.00 5,460.00$
2 Second Employee Per Hour 8 $ 570.40 $ 709.04 $ 895.76 $ 895.76 3,070.96$ $ 105.00 $ 157.50 $ 210.00 $ 210.00 5,460.00$
Equipment Unit
Qty
Estimate
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
3 Hourly Equipment Rate Per Hour 8 $ 304.00 $ 640.00 $ 384.00 $ 144.00 1,472.00$ $ 20.00 $ 45.00 $ 40.00 $ 20.00 1,000.00$
Other Equipment Unit Compressor
4 Hourly Equipment Rate Per Hour 8 $ - $ - $ - $ - -$ $ 20.00 160.00$
5
Material Mark-Up Over
Actual Cost Percent $ 3,000.00 15%3,450.00$ 20%3,600.00$
No.Item Unit
Qty
Estimate
Regular
Time Over Time Week Ends Holiday
Regular
Time
Over
Time
Week
Ends Holiday
6
Hourly Rate for Street
Light Repair Work &
One (1) Employee Per Hour 8 $ 764.80 $ 1,038.72 $ 1,304.48 $ 1,304.48 4,412.48$ $ 110.00 $ 165.00 $ 220.00 $ 220.00 5,720.00$
7 Second Employee Per Hour 8 $ 590.40 $ 725.04 $ 911.76 $ 911.76 3,138.96$ $ 110.00 $ 165.00 $ 220.00 $ 220.00 5,720.00$
YEAR 2019 - STREET LIGHT REPAIR
YEAR 2018 - STREET LIGHT REPAIR
YEAR 2020- SIGNAL LIGHT REPAIR
Page 2
YEAR 2018 - SIGNAL LIGHT REPAIR
Egan Company
Bidder 1 Bidder 2
Killmer Electric Co., Inc.
Equipment Unit
Qty
Estimate
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
8 Hourly Equipment Rate Per Hour 8 $ 312.00 $ 648.00 $ 392.00 $ 152.00 1,504.00$ $ 25.00 $ 50.00 $ 40.00 $ 20.00 1,080.00$
Other Equipment Unit Compressor
9 Hourly Equipment Rate Per Hour 8 $ - $ - $ - $ - -$ $ 20.00 160.00$
10
Material Mark-Up Over
Actual Cost Percent $ 3,000.00 15%3,450.00$ 20%3,600.00$
No.Item Unit
Qty
Estimate
Regular
Time Over Time Week Ends Holiday
Regular
Time
Over
Time
Week
Ends Holiday
11
Hourly Rate for Street
Light Repair Work &
One (1) Employee Per Hour 8 $ 764.80 $ 1,038.72 $ 1,304.48 $ 1,304.48 4,412.48$ $ 115.00 $ 172.50 $ 230.00 $ 230.00 5,980.00$
12 Second Employee Per Hour 8 $ 590.40 $ 725.04 $ 911.76 $ 911.76 3,138.96$ $ 115.00 $ 172.50 $ 230.00 $ 230.00 5,980.00$
Equipment Unit
Qty
Estimate
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
Bucket
Truck
Boom
Truck Trencher
Support
Vehicle
13 Hourly Equipment Rate Per Hour 8 $ 312.00 $ 648.00 $ 392.00 $ 152.00 1,504.00$ $ 30.00 $ 50.00 $ 40.00 $ 25.00 1,160.00$
Other Equipment Unit Compressor
14 Hourly Equipment Rate Per Hour 8 $ - $ - $ - $ - -$ $ 25.00 200.00$
15
Material Mark-Up Over
Actual Cost Percent $ 3,000.00 15%3,450.00$ 20%3,600.00$
Total 2018 15,474.30$ Total 2018 19,940.00$
Total 2019 15,918.30$ Total 2019 20,690.00$
Total 2020 15,958.30$ Total 2020 21,500.00$
47,350.90$ Three Year Total 62,130.00$
Egan Company Killmer Electric Co., Inc.
7625 Boon Avenue N 5141 Lakeland Ave N
Brooklyn Park, MN 55428 Crystal, MN 55429
Phone: 763.544.4131 Phone: 763.425.2525
**NOTE: Cost totals were compiled based upon
the historical record of annual hours performed
for specific tasks.
YEAR 2020 - STREET LIGHT REPAIR
Page 3
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Twin C ity Tree A uthority for Project 2018-106, 2018 Ash Tree
Removals
S taff Contact:
J essica Schaum, Natural Resources Coordinator
D epartment / D ivision:
Natural R esources Division
AC T I O N RE Q UE S T E D:
Approve agreement with Twin C ity Tree Authority for Project 2018-106, 2018 Ash Tree
Removals in the amount of $12,286.50.
S UM M ARY:
In November 2017, quotes were sought from licensed tree contractors to remove 50 ash trees
from the public street boulevard at various locations throughout the city. Eight of thirteen
companies responded, (please see attached bid tab).
Property owners adjacent to each tree location have been contacted and are acceptable of the
tree removal project. T he contractor will remove and dispose of each tree, which will be cut
off within six inches of ground level. T he tree removal work is expected to be completed by
the end of February 2018. Public Works staff will grind the stumps and restore the boulevard
area next spring.
Property owners adjacent to the ash tree removal sites will be offered a tree replacement in
spring 2018.
A standard city agreement will be utilized.
B AC K G RO UND :
T his project will continue the City's proactive management of emerald ash borer infestations
t o public trees. T h e C ity began managing the ash tree population in 2014 to reduce the
impact of emerald ash borer on the urban forest. Currently there are approximately 2,100 ash
trees located within C ity street right-of-ways.
B UD G E T I M PAC T:
Funding for the ash tree removal project is included in the Public Works Administration/
Natural Resources operating budget.
AT TAC HM E NT S:
Quotation
BID TABULATION
PROJECT 2018-106
2018 Ash Tree Removals
1 Removal & Disposal of Trees 52 $12,777.96 $12,500.00 $14,800.00 $15,660.00 $20,020.00 $20,140.00 $21,430.00 $26,000.00
-2 $491.46 $0.00 $0.00 $0.00 $770.00 $0.00 $0.00 $1,000.00
TOTAL BID 50 $12,286.50 $12,500.00 $14,800.00 $15,660.00 $19,250.00 $20,140.00 $21,430.00 $25,000.00
No.ITEM QUANTITY Aspenwall
Birch Tree Care,
LLC
YTS
Companies
Precision
Landscape &
Tree
S&S Tree
SpecialistsSavATreeTree Trust
Twin City
Tree
Authority
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with D P C I ndustries, I nc., for Project 2018-108, 2018 Water Treatment
P lant Chemicals - C hlorine and Hydrofluorosilicic Acid
S taff Contact:
Carol Blommel J ohnson, P ublic Works S uperintendent -
Utilities
D epartment / D ivision:
Utilities D ivision
AC T I O N RE Q UE S T E D:
Approve agreement with D PC Industries, Inc., for Project 2018-108, 2018 Water Treatment
Plant C hemicals - C hlorine and Hydrofluorosilicic Acid in the aggregate amount of
$22,000.00.
S UM M ARY:
On D ecember 8, 2017, quotes were received for chemicals utilized in the water treatment
process. D PC Industries, Inc. submitted the low quote for C hlorine and Hydrofluorsilicic
Acid and has provided chemicals to the C ity in the past.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
Minnesota State Law requires the addition of fluoride, sold as Hydrofluorosilicic Acid, to
the drinking water. Fluoride contributes to the development of strong bones and teeth and the
reduction of cavities. Chlorine is used to disinfect the drinking water and as an oxidizer for
iron and manganese removal.
B UD G E T I M PAC T:
Funding for Water Treatment Plant C hemicals is included in the 2018 Public Works Utilities
Division Water Fund Operating Budget.
Chemical Proposals:5325.6214 2018-108
D PC Industries, Inc.$21,956.00
Hawkins, Inc.$23,959.00
AT TAC HM E NT S:
Bid / Quote Tabulation
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Hawkins, I nc., f or P roject 2018-108, 2018 Water Treatment P lant
Chemicals - S odium P ermanganate
S taff Contact:
Carol Blommel J ohnson, P ublic Works S uperintendent -
Utilities
D epartment / D ivision:
Utilities D ivision
AC T I O N RE Q UE S T E D:
Approve agreement with Hawkins, Inc., for Project 2018-108, 2018 Water Treatment Plant
Chemicals - Sodium Permanganate in the aggregate amount of $40,830.00.
S UM M ARY:
On D ecember 8, 2017, quotes were received for chemicals utilized in the water treatment
process. Hawkins, Inc. submitted the low quote for Sodium Permanganate and has provided
chemicals to the C ity in the past.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
Sodium permanganate is used in the water treatment process to aid in the removal of iron and
manganese minerals from the groundwater.
B UD G E T I M PAC T:
Funding for Water Treatment C hemicals is included in the 2018 Public Works Utilities
Division Water Fund Operating Budget.
Chemical Proposals:5325.6214 2018-108
Hawkins, Inc.$40,830.00
D PC Industries, Inc.No Bid
AT TAC HM E NT S:
Bid / Quote Tabulation
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 1 on Agreement with Avolve S oftware Corporation for Building
I nspections P lan Review S oftware
S taff Contact:
Matt Saam, P ublic Works Director
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 1 to the agreement with Avolve Software C orporation in the
amount of an additional $4,725.00.
S UM M ARY:
City staff have been training with Avolve, the vendor for the future digital plan review
process in Building Inspections. During this training it became apparent that a small change
is needed in the workflow for the plan review and payment process. Specifically, the change
would require applicants to pay the full building permit fee prior to downloading and printing
their approved plans and permit.
Without this workflow change, an applicant could print their plans without the approved
building permit. While this does not allow an applicant to begin work, staff believes it could
create unnecessary confusion with the new digital process.
B AC K G RO UND :
On March 23, 2017, the C ity C ouncil approved an agreement in the amount of
$106,216.22 with Avolve Software C orporation for digital plan review software.
B UD G E T I M PAC T:
Adding C hange Order No. 1 in the amount of $4,725.00, will increase the agreement total to
$110,941.22. T here are sufficient funds in the Building Inspections budget ($120,000) to pay
for this project.
AT TAC HM E NT S:
C hange Order D ocument(s)
I T E M: 4.S .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 1 on A greement with Mc Namara Contracting, I nc., for Project 2017-
105, 2017 S treet I mprovements, and A pprove A cceptance and F inal P ayment
S taff Contact:
Carol Blommel J ohnson, P ublic Works S uperintendent -
Utilities
D epartment / D ivision:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 1 on the agreement with McNamara Contracting, Inc., in the
amount of an additional $134,881.73; and accepting Project 2017-105, 2017 Street
Improvements, as complete and authorizing final payment in the amount of $204,739.37 for a
contract total of $1,004,627.05.
S UM M ARY:
Attached please find the seventh and final payment for Project 2017-105, 2017 Street
Improvements. All public improvements associated with the project are complete and in
acceptable condition to become public infrastructure of the C ity. T his final payment of
$204,739.37 will close the agreement with McNamara C ontracting, Inc., and result in a total
construction cost of $1,004,627.05.
Change Order No. 1 in the additional amount of $134,881.73, was due to the C ity requesting
additional subgrade and soil corrections, additional concrete curb and sidewalk, and sign
placement at the C ommunity C enter.
Total construction costs exceed the preliminary project estimate of $873,458.25 by
$131,168.80; or 15.02%.
Total project expenses are $298,352; or 21.03% below the preliminary project estimate of
$1,418,525.00.
B AC K G RO UND :
On March 23, 2017, the C ity Council awarded a construction contract to McNamara
Contracting, Inc., in the amount of $873,458.25 for Project 2017-105, 2017 Street
Improvements. Resolution 2017-53.
Project 2017-105, 2017 Street Improvements included bituminous mill and overlay of streets
and trail segments, selective curb replacement and park facilities construction of parking lots
and a basketball court. T he total budget for the project included the mill and overlay of
Galaxie Avenue, which was bid separately at a later date in 2017. (Project 2017-165,
Galaxie Avenue Mill and Overlay)
B UD G E T I M PAC T:
Final cost breakdown and funding for the project is summarized below.
Estimated Project C ost As Awarded Final
Construction C ost $ 873,458.25 $ 1,004,627.05
Contingency 394,066.75 0.00
Engineering, C onstruction Admin.151,000 115,545.95
Total Estimated C ost $ 1,418,525.00 $ 1,120,173.00
Estimated Project Funding:
Municipal State Aid $ 450,000.00 $ 0.00
Dakota C ounty C ost Share 155,000.00 110,000.00
Road Improvement Fund 133,525.00 134,732.00
Road Improvement Fund (Hayes)300,000.00 455,972.00
Park D edication Fund 300,000.00 300,000.00
Storm Water Utility Fund 25,000.00 47,853.00
Water Utility Fund 55,000.00 71,616.00
Total Estimated Funding $ 1,418,525.00 $ 1,120,173.00
AT TAC HM E NT S:
C hange Order D ocument(s)
F inal Pay Documents
I T E M: 4.T.
C O UNC I L ME E T I NG D AT E :December 28, 2017
S E C T I ON:Consent Agenda
D escription:
A pprove A cceptance and Final P ayment on Agreement with McNamara Contracting, I nc., for P roject 2017-104, 2017
S treet & Utility I mprovements
S taff Contact:
B randon Anderson, C ity Engineer
Department / Division:
E ngineering Division
ACT IO N RE Q UE S T E D:
Approve acceptance and final payment on agreement with McNamara Contracting, Inc., for Project 2017-104, 2017
Street and Utility Improvements, in the amount of $363,936.23.
S UM M ARY:
Attached, please find the eighth and final payment for Project 2017-104, 2017 Street and Utility Improvements. All
public improvements associated with the project are complete and in acceptable condition to become public
infrastructure of the C ity of Apple Valley. T he final payment of $363,936.23 will close the contract with McNamara
C ontracting, Inc., and result in a total construction cost of $3,988,372.50; 4.86% under the contract amount.
Total project expenses fall within the preliminary project estimate of $5,096,196.00.
B AC K G ROUND:
On March 23, 2017, City Council awarded a construction contract to McNamara Contracting, Inc., in the amount of
$4,192,094.59 for approximately 5,430 LF sanitary sewer; 8,221 LF water main; 4,143 LF storm sewer replacement;
and 31,560 SY of street reconstruction in the Palomino 3rd and 4th Addition neighborhood. T he work also included
approximately 2,200 C Y of muck excavation removed from Belmont Pond, and sidewalks added along one side of
Belmont Drive and replaced along Chaparral Drive. Resolution 2017-52.
B UD G E T IM PAC T:
Final cost breakdown and funding for the project is summarized below.
Estimated Project Costs:Awarded Costs Final C osts
Construction Cost $ 4,192,094.59 $ 3,988,372.50
Contingency 493,451.41 $ 0.00
Design, C onstruction Admin.410,650.00 $ 281,851.77
Total Estimated C ost $ 5,096,196.00 $ 4,270,224.27
Estimated Project Funding:
Water Utility $ 1,496,997.00 $ 790,179.49
Sanitary Sewer Utility 1,050,199.00 705,440.56
Storm Sewer Utility 420,000.00 455,535.92
Street Light Utility 25,000.00 0.00
Road Improvement Fund 2,104,000.00 2,319,068.30
Total Estimated Funding $ 5,096,196.00 $ 4,270,224.27
AT TAC HM E NT S:
F inal Pay D ocuments
I T E M: 4.U.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Acceptance and F inal Payment on Agreement with Hage Construction Company d/b/a
Hage Concrete Works, for Project 2017-153, Pergola and Seat B ench C oncrete and Stone
Construction
S taff Contact:
B arry B ernstein, P arks and Recreation D irector
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Motion approving acceptance and final payment on Agreement with Hage C onstruction
Company dba Hage Concrete Works, for Project 2017-153, Pergola and Seat Bench
Concrete and Stone C onstruction, in the amount of $76,500.00.
S UM M ARY:
Hage C onstruction C ompany dba Hage C oncrete Works has completed installation of the
pergola and seat bench concrete and stone at C obblstone Lake Park. T hey have also
submitted applicable final paperwork for payment. Staff finds the results of the project
acceptable and recommends final payment on Project 2017-153, Pergola and Seat Bench
Concrete and Stone C onstruction.
B AC K G RO UND :
T he project included concrete and stone veneer construction of a pergola and seating
wall. Staff recommends final payment to the vendor.
B UD G E T I M PAC T:
$76,500.00
AT TAC HM E NT S:
F inal Pay Documents
I T E M: 4.V.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Acceptance and F inal Payment on Agreement with Mc Namara Contracting, I nc., for
P roject 2017-165, G alaxie Avenue Mill and Overlay I mprovements
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on agreement with McN amara C ontracting, Inc., for
Project 2017-165, Galaxie Avenue Mill and Overlay Improvement, in the amount of
$50,034.49.
S UM M ARY:
Attached please find the second and final payment for Project 2017-165, Galaxie Avenue
Mill and Overlay Improvements. All public improvements associated with the project are
complete and in acceptable condition to become public infrastructure of the City. T his final
payment of $50,034.49 will close the agreement with McNamara Contracting, Inc., and result
in a total construction cost of $426,381.84; 10.36% under the contract amount.
B AC K G RO UND :
On J uly 13, 2017, the C ity C ouncil awarded a construction contract to McNamara
Contracting, Inc., in the amount of $475,635.50 for Project 2017-165, Galaxie Avenue Mill
and Overlay Improvements. Resolution 2017-109.
B UD G E T I M PAC T:
Final cost breakdown and funding for the project is summarized below.
Estimated Project C ost As Awarded Final
Construction C ost $ 475,635.50 $ 426,381.84
Engineering, C onstruction Admin. &
Contingency
90,000.00 $45,000.00
Total Estimated C ost $ 565,635.50 $ 471,381.84
Estimated Project Funding:
Municipal State Aid $ 565,635.50 $ 471,381.84
Total Estimated Funding $ 565,635.50 $ 471,381.84
AT TAC HM E NT S:
F inal Pay Documents
I T E M: 4.W.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Conf irming Fire I nspector P osition Remains in P E R A P olice and F ire Fund
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Adopt resolution confirming that the position of Fire Inspector held by a new incumbent
remains in the Public Employees Retirement Association (PERA) Police and Fire Plan.
S UM M ARY:
Colleen Elvin has been promoted to the position of Fire Inspector, which was previously held
by Brian Kilmartin. A resolution is required to declare that the position, as held by Ms.
Elvin, remains in the PERA Police and Fire Plan.
B AC K G RO UND :
Eligibility for membership in the PERA Police and Fire Plan is generally restricted to full-
time Police O fficers and full-time Fire Fighters. However, in some instances, membership
may be extended to certain individuals who are not full-time Fire Fighters, but have fire
fighting as a primary duty of their position, and who are “regularly engaged in the hazards of
fire fighting.” If these criteria are met, the C ity C ouncil may pass a resolution to
prospectively include that individual in the PERA Police and Fire Plan.
In 2007, C ity of Apple Valley staff and PERA staff reviewed the position of Fire Inspector,
then held by Brian Kilmartin, and determined it met the qualifications for membership in the
P ERA Police and Fire Plan. T he City C ouncil passed a resolution to include Fire Inspector
in the Police and Fire Plan on December 27, 2007.
Mr. Kilmartin has been promoted out of the position of Fire Inspector, and C olleen Elvin has
been selected to fill the position. In preparation to fill the vacancy, staff again reviewed the
position of Fire Inspector and confirmed it met the qualifications for membership in the
P ERA Police & Fire Plan.
At this time, a resolution is required to confirm that the position of Fire Inspector, as held by
the new incumbent, meets the qualifications for membership in the P ERA Police and Fire
Plan.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION CONFIRMING THE POSITION OF FIRE INSPECTOR REMAINS
IN THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE AND FIRE PLAN
WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes
§ 353.63 is to give special consideration to employees who perform hazardous work and devote
their time and skills to protecting the property and personal safety of others; and
WHEREAS, Minnesota Statutes § 353.64 permits governmental subdivisions to request
coverage in the Public Employees Police and Fire plan for a non-full-time fire fighter provided
the fire service position regularly engages the employee in the hazards of fire fighting as an
employee of a designated fire department; and
WHEREAS, City of Apple Valley staff and Public Employees Retirement Association
staff in 2007 reviewed the functions of the position of Fire Inspector and determined that fire
fighting is the primary duty of the position; and
WHEREAS, City of Apple Valley staff again reviewed the functions of the position of
Fire Inspector at the time of recruiting to fill the vacant position, and has confirmed that fire
fighting remains the primary duty of the position.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Apple
Valley, Dakota County, Minnesota, hereby declares that the position of Fire Inspector, as held by
Colleen Elvin, is, for primary services provided, that of a firefighter engaged in the hazards of
fire fighting.
BE IT FURTHER RESOLVED that the City Council of the City of Apple Valley hereby
requests that the named employee, and any future employee in the same position provided the
primary duty of the position is fire fighting, be accepted as a member of the Public Employees
Police and Fire Plan effective the date of the employee’s initial Police and Fire Plan salary
deductions by the City of Apple Valley.
BE IT FURTHER RESOLVED that this resolution shall not constitute an employment
contract with any individual, express or implied.
ADOPTED this 28th day of December, 2017.
_______________________________
Mary Hamann-Roland, Mayor
ATTEST:
_______________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.X .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove 2018-2019 L abor A greement with A F S C ME L ocal No. 479
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Approve 2018-2019 Labor Agreement with A FS C ME Local N o. 479.
S UM M ARY:
A FS C ME Local No. 479 representing the C ity of Apple Valley’s maintenance workers has
voted to enter into a two-year agreement with the C ity. C onsistent with our discussion in
closed session, the proposed contract is attached. T he major changes are summarized as
follows:
Duration
2 Years: J anuary 1, 2018 – December 31, 2019
Wages
2018: 2.75% increase effective December 23, 2017
2019: 3.00% increase effective December 22, 2018
Wellness C ompensation (new): An employee, who annually provides provider certification
that they have completed an annual physical including recommended screenings and a
preventive dental exam, will receive 4 hours of pay.
City Insurance C ontribution
2018: 1) Maximum of $930 per month toward C ity-sponsored health, dental, and life
insurance for individual enrolled in the C opay health plan option; 2) Maximum of $1,240 per
month toward C ity-sponsored health, dental, and life insurance for individual enrolled in a
Deductible health plan option; 3) Continue $80 per month incentive contribution to
HRA/HSA for individual enrolled in a Deductible health plan option.
T hese amounts are the same as previously approved by the C ity C ouncil for non-represented
employees, LELS Local No. 243 representing Police Sergeants, and LELS Local No. 71
representing Police Officers.
2019: Reopener
B AC K G RO UND :
Staff and representatives of A FS C ME Local No. 479 representing the C ity's maintenance
workers have conducted multiple meetings and bargained in good faith to reach the
recommended agreement.
B UD G E T I M PAC T:
2018 wage increase is consistent with the 2018 preliminary budget as proposed. 2019 wage
increase will increase the 2019 preliminary budget by approximately $18,000.
AT TAC HM E NT S:
Agreement
LABOR AGREEMENT
CITY OF APPLE VALLEY
AND
AFSCME COUNCIL 5, LOCAL NO. 479
2018 - 2019
TABLE OF CONTENTS
ARTICLE PAGE
1 Purpose of Agreement ................................................................. 1
2 Recognition ................................................................. 1
3 Employer Authority ................................................................. 1
4 Union Security ................................................................. 1
5 Definitions ................................................................. 2
6 Right of Subcontracting ................................................................. 2
7 Legal Defense ................................................................. 3
8 Safety ................................................................. 3
9 Probationary Periods ................................................................. 3
10 Discipline ................................................................. 3
11 Job Posting ................................................................. 3
12 Employee Rights - Grievance Procedure ...................................... 4
13 Seniority ................................................................. 5
14 Insurance ................................................................. 6
15 Injury on Duty ................................................................. 6
16 Holidays ................................................................. 6
17 Annual Leave ................................................................. 7
18 Unpaid Leaves of Absence .............................................................. 8
19 Bereavement Leave ............................................................... 8
20 Uniforms ................................................................. 8
21 Rest and Meal Breaks ................................................................. 8
22 Work Schedules ................................................................. 8
23 Overtime Pay ................................................................. 9
24 Call Back ................................................................. 9
25 Working Out of Classification ........................................................ 10
26 Wage Schedule ............................................................... 10
27 Specialty Stipend ............................................................... 10
28 Wellness Compensation ............................................................... 11
29 Utilities Division On Call Duty ........................................................ 11
30 Non-Discrimination ............................................................... 12
31 Savings Clause ............................................................... 12
32 Waiver ............................................................... 12
33 Duration ............................................................... 13
Appendix "A" – Wages ............................................................... 14
Appendix "B" – Actual Holidays ..................................................... 16
2018-2019 AFSCME Contract 1
City of Apple Valley
LABOR AGREEMENT
BETWEEN
THE CITY OF APPLE VALLEY
AND
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, COUNCIL NO. 5, LOCAL 479
ARTICLE 1
PURPOSE OF AGREEMENT
1.1 This Agreement is entered into between the City of Apple Valley, hereinafter called the Employer, and
Council No. 5, Local 479, of the American Federation of State, County and Municipal Employees,
hereinafter called the Union.
1.2 The intent and purpose of this Agreement is to:
A. Establish certain hours, wages and other conditions of employment;
B. Establish procedures for the resolution of disputes concerning this Agreement's interpretation
and/or application;
C. Specify the full and complete understanding of the parties; and
D. Place in written form the parties' agreement upon terms and conditions of employment for the
duration of this Agreement.
ARTICLE 2
RECOGNITION
2.1 The employer recognizes the union as the exclusive representative, for: "All maintenance employees of
the City of Apple Valley, Minnesota, who are public employees within the meaning of Minn. Stat. 179A.03,
subd. 14, excluding supervisory, confidential, and all other employees."
ARTICLE 3
EMPLOYER AUTHORITY
3.1 The employer retains the full and unrestricted right to operate and manage all manpower, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structure; to select, direct and determine the
number of personnel; to establish work schedules; and to perform any inherent managerial function not
specifically limited by this Agreement.
3.2 Any term and condition of employment not specifically established or modified by this Agreement shall
remain solely within the discretion of the employer to modify, establish, or eliminate.
ARTICLE 4
UNION SECURITY
4.1 In recognition of the union as the exclusive representative, the employer shall:
A. Deduct the first two payroll periods each month an amount sufficient to provide the payment of dues
established by the union from the wages of all employees authorizing in writing such deduction.
B. Remit such deduction to the appropriate designated officer of the union within thirty (30) days
following the deduction.
4.2 The union may designate certain employees from the bargaining unit to act as stewards and shall inform
the employer in writing of such choice.
4.3 The union agrees to indemnify and hold the employer harmless against any and all claims, suits, orders, or
judgments brought against the City as a result of an y action taken or not taken by the City under the
provisions of this Article.
4.4 The employer shall furnish space on and maintain bulletin boards which may be used by the union for the
posting of official notices and bulletins.
2018-2019 AFSCME Contract 2
City of Apple Valley
ARTICLE 5
DEFINITIONS
5.1 Union: Local 479, Council 5, American Federation of State, County, and Municipal Employees.
5.2 Employer: The City of Apple Valley, Minnesota.
5.3 Union Member: A member of Local 479, Council 5, American Federation of State, County, and Municipal
Employees.
5.4 Employee: A member of the exclusively recognized bargaining unit.
5.5 Base Pay Rate: The employee's hourly pay rate exclusive of longevity or any other special allowance.
5.6 Seniority: Length of continuous service in a position covered by Article II - Recognition and as defined in
accordance with 5.10 and 5.11, excluding those positions defined by 5.12 and 5.13. Employees who are
promoted from a position covered by this Agreement and return to a position covered by this Agreement
shall have their seniority calculated based on total length of service in a position represented by this
bargaining unit for purposes of promotion, transfer, and layoff. Total length of service with the City shall be
relevant only for annual leave benefit calculations.
5.7 Overtime: Work performed at the express authorization of the employer in excess of the employee's
scheduled shift within a 24 hour period (except for shift changes) or more than 40 hours within a 7 day
period (except for shift changes).
5.8 Call Back: Return of an employee to a specified work site to perform assigned duties at the express
authorization of the employer at a time other than a scheduled shift. An extension of or early report to a
scheduled shift is not a call back.
5.9 Immediate Family: Shall mean the following kin of the employee: spouse, parent (including stepparent
or legal guardian), child (including stepchild/foster child), sibling (including stepsibling), grandparent,
grandchild, aunt/uncle, parent-in-law, grandparent-in-law, brother/sister-in-law, and son/daughter-in-law.
5.10 Full-Time Employee: An employee whose hours in a calendar year meet the hour requirements of Article
22.5 of this Agreement. Full-time employees shall earn benefits at the rates specified in Articles 14.1,
16.1, 17.1, and 19.1 of this Agreement. Deductions shall occur related to any unpaid leaves of absence.
5.11 Part-Time Employee: An employee who works in a position having a normal work week of at least 14 but
less than 40 hours.
5.12 Seasonal Employee: An employee who works in a position that is reasonably expected to be of a
duration of more than 67 working days (100 working days for students), but for a total duration of 7 months
or less.
5.13 Temporary Employee: Any employee not included within the definitions of Articles 5.10, 5.11 and 5.12.
5.14 Prorata Benefits: Part-time employees shall earn benefits that are pro rata of the amounts earned by full-
time employees. For administration purposes, 50% of the benefits shall be earned during the year with the
difference (plus or minus) to be adjusted at the end of the year or if termination occurs. Seasonal and
temporary employees shall not earn benefits.
ARTICLE 6
RIGHT OF SUBCONTRACTING
6.1 Nothing in this Agreement shall prohibit or restrict the right of the employer from subcontracting work
performed by employees covered by this Agreement.
2018-2019 AFSCME Contract 3
City of Apple Valley
ARTICLE 7
LEGAL DEFENSE
7.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as
a result of employee judgmental decision may not receive legal defense by the municipality.
7.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from
acts performed within the scope of the employee's employment, when such act is performed in good faith
and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees
and court costs actually incurred by such employee in defending against such charge.
ARTICLE 8
SAFETY
8.1 The employer and the union agree to jointly promote safe and healthful working conditions, to cooperate in
safety matters and to encourage employees to work in a safe manner.
ARTICLE 9
PROBATIONARY PERIODS
9.1 All newly hired or rehired employees will serve a 12 month probationary period.
9.2 All employees will serve a 6 month probationary period in any job classification in which the employee has
not served a probationary period.
9.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the
sole discretion of the employer.
9.4 At any time during the probationary period a promoted employee may be demoted to the employee's
previous position at the sole discretion of the employer.
ARTICLE 10
DISCIPLINE
10.1 The employer will discipline employees for just cause only. Suspensions and discharges will be in written
form.
10.2 Upon an employee’s request, an employee may have union representation at a meeting in which an
employee is formally questioned during an investigation into conduct which may lead to disciplinary
action. Union representatives will be whoever is most readily available from among those designated by
the Union as union stewards, a local union officer, or the business representative.
ARTICLE 11
JOB POSTING
11.1 The employer and the union agree that permanent job vacancies within the designated bargaining unit
shall be filled based on the concept of promotion from within provided that applicants:
A. have the necessary qualifications to meet the standards of the job vacancy; and
B. have the ability to perform the duties and responsibilities of the job vacancy.
11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions
of Article IX (Probationary Period).
11.3 The employer has the right of final decision in the selection of employees to fill posted jobs based on
qualifications, abilities and experience.
11.4 Job vacancies within the designated bargaining unit will be posted open only to current full-time bargaining
unit members for a minimum of five (5) working days so that members of the bargaining unit can be
considered for such vacancies. Job vacancies may be posted and advertised externally if an internal
candidate is not selected.
2018-2019 AFSCME Contract 4
City of Apple Valley
ARTICLE 12
EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
12.1 Definition of a Grievance: A grievance is defined as a dispute or disagreement as to the interpretation or
application of the specific terms and conditions of this Agreement.
12.2 Union Representatives: The employer will recognize representatives designated by the union as the
grievance representatives of the bargaining unit having the duties and responsibilities established by this
Article. The union shall notify the employer in writing of the names of such union representatives and of
their successors when so designated.
12.3 Processing of A Grievance: It is recognized and accepted by the union and the employer that the
processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normal working hours only when consistent with
such employee duties and responsibilities. The aggrieved employee and the union representative shall be
allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented
to the employer during normal working hours provided the employee and the union representative have
notified and received the approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work programs of the employer.
12.4 Procedure: Grievances, as defined by Section 12.1 shall be resolved in conformance with the following
procedure:
Step 1: An employee claiming a violation concerning the interpretation or application of this Agreement
shall, within 15 calendar days after the alleged violation has occurred or the employee knew or should
have known the alleged violation has occurred, present such grievance to the employee's supervisor as
designated by the employer. The employer-designated representative will discuss and give an answer to
such Step 1 grievance within 10 calendar days after receipt. Any grievance not appealed in writing to Step
2 by the union within 10 calendar days shall be considered waived.
Step 2: A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth
the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement
allegedly violated, and the remedy requested and shall be appealed to Step 2 within 10 calendar days
after the employer-designated representative's final answer in Step 1. If appealed, the written grievance
shall be presented by the union and discussed with the employer-designated Step 2 representative. The
employer-designated representative shall give the union the employer's Step 2 answer in writing within 10
calendar days after receipt of such Step 2 grievance. Any grievance not appealed in writing to Step 3 by
the union within 10 calendar days shall be considered waived.
Step 3: A grievance not resolved in Step 2 may be appealed to Step 3 within 10 calendar days following
the employer designated representative's final Step 2 answer. If appealed, the written grievance shall be
presented by the union and discussed with the employer designated Step 3 representative. The employer
designated representative shall give the union the employer's answer in writing within 10 calendar days
after receipt of such Step 3 grievance. Any grievance not appealed in writing to Step 4 by the union within
10 calendar days shall be considered waived.
Step 4: A grievance not resolved in Step 3 may be appealed to Step 4 within 10 calendar days following
the employer designated representative's final answer in Step 3. A grievance unresolved in Step 3 and
appealed to Step 4 shall be submitted to arbitration subject to the current provisions of the Public
Employment Labor Relations Act. The selection of one neutral arbitrator shall be made from a list of 5
arbitrators provided by the Bureau of Mediation Services (BMS). The union and employer shall each
strike 2 arbitrators from the list submitted by BMS.
12.5 Arbitrator's Authority:
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the
terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s)
submitted in writing by the employer and the union, and shall have no authority to make a decision on any
other issue not so submitted.
2018-2019 AFSCME Contract 5
City of Apple Valley
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or
modifying or varying in any way the application of laws, rules, or regulations having the force and effect of
law. The arbitrator's decision shall be submitted in writing within 30 days following the close of the hearing
or the submission of briefs by the parties, whichever be the later, unless the parties agree to an extension.
The decision shall be binding on both the employer and the union and shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the
employer and the union provided that each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause
such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the
proceedings, the cost shall be shared equally.
12.6 Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered
"waived". If a grievance is not appealed to the next step within the specified time limit or any agreed
extension thereof, it shall be considered settled on the basis of the employer's last answer. If the employer
does not answer a grievance or an appeal thereof within the specified time limits, the union may elect to
treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time
limit in each step may be extended by mutual agreement of the employer and the union.
12.7 Choice of Remedy: If, as a result of the employer response in Step 3, the grievance remains unresolved,
and if the grievance involves the suspension, demotion, or discharge of an employee who has completed
the required probationary period, the grievance may be appealed either to Step 4 of Article XII or a
procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any
procedure other than Step 4 of Article XII, the grievance is not subject to the arbitration procedure as
provided in Step 4 of Article XII. The aggrieved employee shall indicate in writing which procedure is to be
utilized, Step 4 of Article XII or another appeal procedure, and shall sign a statement to the effect that the
choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through
Step 4 of Article XII.
Except that with respect to statutes under the jurisdiction of the United States Equal Employment
Opportunity Commission, an employee pursuing a statutory remedy is not precluded from also pursuing
an appeal under this grievance procedure. If Equal Employment Opportunity Commission v. Board of
Governors is overruled, this paragraph will be null and void and shall be deleted.
ARTICLE 13
SENIORITY
13.1 Seniority will be the determining criterion for transfers and promotions only when all job-relevant
qualification factors are equal.
13.2 In the event of a layoff, the least senior employee in the category in which the discontinuance of position
occurs shall be laid off first. For purposes of layoff the following categories shall be utilized: working
foreman; technical specialist/fleet mechanic; licensed utility worker; and general maintenance. If the
discontinuance of a position in the category of working foreman, technical specialist/fleet mechanic, or
licensed utility worker results in the layoff of an employee with more seniority than the least senior
employee in the general maintenance category, that employee may bump the least senior general
maintenance worker. The City reserves the right to reassign any employee to fill the position vacated by
the layoff, as long as such reassignment does not result in a loss of pay or benefits.
13.3 Seniority will be the determining criterion for recall only when all job-relevant qualification factors are equal.
Recall rights under this provision will continue for 12 months after layoff. Recalled employees shall have
10 working days after notification of recall by certified mail at the employee's last known address to report
to work or forfeit all recall rights.
2018-2019 AFSCME Contract 6
City of Apple Valley
ARTICLE 14
INSURANCE
14.1 The employer will contribute up to a maximum of $930 per month toward employer-sponsored health,
dental, and life insurance in 2018 for an employee enrolled in the copay health plan option.
The employer will contribute up to a maximum of $1240 per month toward employer-sponsored health,
dental, and life insurance in 2018 for an employee enrolled in a high deductible health plan option, plus an
additional $80 per month to the enrolled employee’s HRA or HSA account.
For 2019, this section shall be subject to a contract re-opener.
14.2 Any costs beyond the amounts payable by the employer in Article 14.1 and 14.3 shall be paid by the
employee via payroll deduction except as provided elsewhere in this agreement. Dependent and part-time
employee insurance coverage and their availability shall be subject to the terms of the employer's group
policy or policies.
14.3 An employee who selects single health plan coverage shall receive a payment based on the difference
between the employer's maximum contribution for Insurance and the cost of the employee’s insurance
program as described below. The payment shall be made as taxable income unless directed elsewhere
as according to law.
a. If the monthly difference is less than $30.00, there shall be no payment.
b. If the monthly difference is between $30.00 and $59.99, the payment shall be $30.00 per month.
c. If the monthly difference is $60.00 or more, the payment shall be $60.00 per month.
14.4 If the City offers a long-term disability plan paid for by the City, employees shall, subject to
applicable provisions of the IRS Code, pay the tax on the premium for the long-term disability
plan.
ARTICLE 15
INJURY ON DUTY
15.1 An employee, who is, in the ordinary course of employment, while acting in a reasonable and prudent
manner and in compliance with established rules and procedures of the employer, injured during the
performance of the employee's duties and thereby unable to work, shall be paid the difference between
the employee's regular pay and the Workers' Compensation insurance payments for a period not to
exceed 720 scheduled working hours per injury, not charged to the employee's leave or other
accumulated paid benefits, after a 24 scheduled working hour initial waiting period per injury. The 24 hour
scheduled working hour waiting period shall be charged to the employee's leave account less Workers'
Compensation insurance payments, if any, for said 24 scheduled working hour period. Any injury that
does not result in compensation under the Workers' Compensation law shall not be compensable under
this Article.
ARTICLE 16
HOLIDAYS
16.1 Full-time employees shall receive the following paid holidays: New Year's Day, Martin Luther King, Jr.
Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving, Day
after Thanksgiving, Christmas Day, Christmas Floater (December 23 if December 25 is a Saturday or
Sunday, December 24 if December 25 is a Tuesday, Wednesday or Friday, or December 26 if December
25 is a Monday or Thursday).
16.2 Whenever any of the above holidays fall on a Sunday, the following day shall be designated as the
holiday.
16.3 Whenever any of the above holidays fall on a Saturday, the preceding day shall be designated as the
holiday.
16.4 Any shift which commences on a holiday, for purposes of this clause, shall be considered as having
entirely occurred on the holiday. All scheduled hours worked on holidays shall be compensated as
overtime.
2018-2019 AFSCME Contract 7
City of Apple Valley
16.5 Full-time employees shall receive one paid Personal Floating Holiday per calendar year in the amount of 8
hours. The Personal Floating Holiday shall be used in an increment of 8 hours. Any Personal Floating
Holiday not used during the calendar year shall be forfeited.
ARTICLE 17
ANNUAL LEAVE
17.1 All bargaining unit employees are eligible to accrue annual leave.
17.2 Eligible employees shall earn annual leave in accordance with the following schedule. An employee's
initial date of employment shall be used to determine the appropriate hours of annual leave to be accrued.
(1) 0-5 years = 4.62 hours per 2 weeks of work (3 weeks annually)
(2) 6-10 years = 6.16 hours per 2 weeks of work (4 weeks annually)
(3) 11-15 years = 7.69 hours per 2 weeks of work (5 weeks annually)
(4) 16-20 years = 8.31 hours per 2 weeks of work (5.4 weeks annually)
(5) 20+ years = 9.23 hours per 2 weeks of work (6 weeks annually)
17.3 Annual leave shall be taken either as planned leave which will be scheduled in advance; or, unplanned
leave which will require notification to the City within a timely manner of the employee's scheduled work
day.
17.4 The City will place into effect a short term disability insurance policy to be effective following 21 calendar
days of continuous absence due to illness or injury. An employee shall be eligible to collect the short term
disability benefit until the employee becomes eligible for long term disability or 6 months following the date
of the qualifying injury or illness, whichever occurs first. The City may request, at any time, that an
employee provide a medical doctor's statement including verification of illness and/or ability to return to
work.
17.5 An employee shall be eligible to continue to receive the City's insurance contribution, in accordance with
Article XIV, toward the purchase of group insurance during the period of time the employee is receiving
short term disability insurance benefits, not to exceed six (6) months from the qualifying date of illness or
injury.
17.6 The City will, upon request, pay the employer contribution amount due to PERA for an employee's
purchase of service credit and salary from an authorized short term disability leave of absence if all of
the following conditions are met:
1) The request is received by the City no later than 120 days after the end of the employee's authorized
short term disability leave of absence; and
2) The employee has returned to full, unrestricted duty actively working a regular full-time schedule with
the City; and
3) The employee provides the City with evidence of payment of the Employee contribution amount due to
PERA.
17.7 Annual leave shall not be earned by an employee for any period during which the employee is not being
paid. An employee shall not be eligible to be compensated for annual leave, or earn additional annual
leave during the time an employee is receiving disability insurance payments.
17.8 Annual leave may not accrue in excess of 800 hours. Any hours in excess of 800 shall be forfeited.
17.9 Planned annual leave may be denied or approval withdrawn when the granting of such planned annual
leave would result in insufficient personnel to carry out necessary functions as deemed appropriate by the
City.
2018-2019 AFSCME Contract 8
City of Apple Valley
17.10 If use of unplanned leave suggests abuse, the City shall notify the employee of this concern. If such
abuse continues the City may deny future unplanned leave requests. The City may request, at any time,
that an employee provide a medical doctor's statement including verification of illness and/or ability to
return to work.
17.11 An employee who has an accrued, unused annual leave balance of 160 or more hours shall be eligible to
cash out up to 16 hours of annual leave once per calendar year.
17.12 An employee who leaves the employment of the City in good standing shall be compensated for all
accrued and unused annual leave at the time of separation of employment.
17.13 An employee shall not be permitted to waive annual leave for the purpose of receiving double pay.
ARTICLE 18
UNPAID LEAVES OF ABSENCE
18.1 Employees may request an unpaid leave of absence from the employer through their immediate
supervisor. Such leaves may be granted at the sole discretion of the employer.
ARTICLE 19
BEREAVEMENT LEAVE
19.1 A full-time employee will be provided up to three (3) days of bereavement leave in the event of a death in
the immediate family. Immediate family is defined as: spouse, parent (including stepparent or legal
guardian), child (including stepchild/foster child), sibling (including stepsibling), grandparent, grandchild,
aunt/uncle, parent-in-law, grandparent-in-law, brother/sister-in-law, and son/daughter-in-law.
ARTICLE 20
UNIFORMS
20.1 The employer will provide to employees all employer required uniforms.
ARTICLE 21
REST AND MEAL BREAKS
21.1 An employee may take a 30 minute meal period, without pay, at a time which may be determined by the
employer, during any scheduled shift of 8 hours or more. A scheduled shift of 8 hours includes 8 hours
and 30 minutes of clock time. For work during non-scheduled time, an employee may take without pay,
unless it would interfere with emergency type work, a 30 minute meal period after 5 consecutive hours of
work.
21.2 An employee may take a 15 minute rest period, with pay, after having worked at least 2 hours, but not
more than one rest period shall occur each 5 hours. The time and location of rest periods may be
determined by the employer.
ARTICLE 22
WORK SCHEDULES
22.1 The sole authority in work schedules is the employer's. The normal work day for an employee shall be the
employee's scheduled shift. The normal work week shall be 40 hours Monday through Friday.
22.2 Service to the public may require the establishment of regular shifts for some employees on a daily,
weekly, seasonal, or annual basis other than their normal work day. The employer will give 7 days
advance notice to the employees affected by the establishment of work days different from the employee's
normal work day. The seven (7) days advance notice may be waived by mutual consent of the employee
and the City.
22.3 In the event that work is required because of unusual circumstances such as, but not limited to, fire, flood,
snow, sleet, pandemic outbreak or breakdown of municipal equipment or facilities, no advance notice
need be given.
2018-2019 AFSCME Contract 9
City of Apple Valley
22.4 Service to the public may require the establishment of regular work weeks that schedule work on
Saturdays and/or Sundays and/or holidays.
22.5 The number of hours in the normal calendar work year for a full-time employee shall be based on 2080
annual hours. Hours worked on scheduled shifts and hours of compensatory time used, annual leave, and
holiday leave shall collectively comprise the work hours in a calendar year.
ARTICLE 23
OVERTIME PAY
23.1 Hours worked in excess of the employee's scheduled shift within a 24 hour period (except for shift
changes) or more than 40 hours within a 7 day period will be compensated at 1½ times the employee's
regular base pay rate. Any 7 day period commences on a Saturday.
23.2 An employee who is called back to work on any of the following holidays shall be eligible to receive double
time pay for time worked on the actual holiday, not the date the City observes the holiday. The holidays
for which employees will be paid double time are shown on Appendix B of this Agreement.
New Year's Day Veterans' Day
Martin Luther King, Jr. Day Thanksgiving
Presidents' Day Day after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day
23.3 An employee who is called back to work on a Sunday, when that Sunday is not a part of the employee's
regularly scheduled shift, shall be eligible to receive double time pay for time worked on Sunday. If an
employee is regularly scheduled to work on a Sunday in accordance with Article 24, the employee shall
not be eligible for double time pay.
23.4 An employee may request compensatory time be placed in a leave bank in lieu of payment for earned
overtime. Compensatory time shall be earned in accordance with the terms of this Article. The maximum
time allowed to accumulate in an employee's compensatory leave bank shall not exceed 90 hours. An
employee may only carry over 80 hours of compensatory time into the next year. Compensatory time off
shall be scheduled with prior approval of the supervisor. An employee may opt to cash-out all, or a part of,
the employee's compensatory time bank at the employee's current base pay rate by requesting the cash
out at the end of any regular pay period. The maximum time deposited into an employee's compensatory
time bank, exclusive of hours carried forward from the previous year, shall be limited to 160 in total per
calendar year.
23.5 Overtime will be distributed as equally as practicable.
23.6 Overtime refused by employees will, for record purposes under Article 23.5, be considered as unpaid
overtime worked.
23.7 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided,
compounded, or paid twice for the same hours worked.
23.8 Overtime will be calculated to the nearest 15 minutes.
ARTICLE 24
CALL BACK
24.1 An employee called in for work at a time other than the employee's scheduled shift will be compensated
for a minimum of 3 hours pay at 1-1/2 times the employee's base pay rate. An extension or early report to
a scheduled shift does not qualify the employee for the 3 hour minimum. When an employee has been
notified prior to the end of the employee's shift that the employee is to report in early the following day, the
employee shall not be considered to have been called back. If the employee does not receive notice of
early report during the employee's shift on the day prior, the employee will be considered to have been
called back and will be paid 3 hours at 1-1/2 times the employee's base pay rate.
2018-2019 AFSCME Contract 10
City of Apple Valley
24.2 If the employer calls an employee the evening before to report for snowplowing the next morning, the
employee shall be paid at 1½ times the employee's regular base pay rate beginning one hour prior to the
scheduled report. The employee must report at the scheduled time. For example, if the scheduled report
time is 3:00 a.m., the employee shall be paid beginning at 2:00 a.m.
24.3 If the employer calls an employee at or about 2:00 a.m. to report for snowplowing as soon as possible, the
employee shall be paid at 1½ times the employee's regular base pay rate from the beginning of calling.
24.4 When the employer has called an employee to report early for snowplowing, compensation at 1½ times
the employee's regular base pay rate will continue until the start of the normally scheduled workday. Upon
the start of the normally scheduled workday, the employee will receive their regular straight time pay rate
for the duration of the scheduled shift.
ARTICLE 25
WORKING OUT OF CLASSIFICATION
25.1 Employees assigned by the employer to assume the full responsibilities and authority of a higher job
classification shall receive the salary schedule of the higher classification for the duration of the
assignment.
ARTICLE 26
WAGE SCHEDULE
26.1 Employees shall be paid hourly salaries as listed in Appendix "A" of this Agreement.
ARTICLE 27
SPECIALTY STIPEND
27.1 An employee may be eligible for a stipend of $0.25 per hour for attainment of a specialty license,
certification, or comparable skill set following approval by the employer.
27.2 Payment under this article shall be limited to a maximum of two concurrent approved specialty stipends
per eligible employee.
27.3 Payment under this article is subject to prior approval by the employer and evidence of attainment of the
pre-approved specialty license, certification, or comparable skill set.
27.4 Payment for an approved specialty stipend will be made on a prospective basis only following: 1)
approval by the employer, and 2) receipt of evidence of attainment of the pre-approved specialty
license, certification, or comparable skill set. Payments shall not be retroactive to any date prior to
approval of the stipend by the employer and receipt of evidence of attainment.
27.5 Payment will not be made for any period of time when the approved specialty license, certification, or
comparable skill set is not maintained and in force. An employee receiving a specialty stipend shall
notify the employer immediately upon any lapse, cancellation, or rescission of the approved specialty
license, certification, or comparable skill set.
27.6 The employer may, in the case of a specialty license, certification, or comparable skill set which does
not include an expiration date determined by the issuer, approve a specialty stipend for a period of up to
three years from the date of approval.
27.7 The employer will, once annually, provide to the employee a list of the employee's currently approved
specialty stipends and their expiration dates.
27.6 The employer shall have sole discretion to determine the type and number of specialty stipends
approved within each division.
2018-2019 AFSCME Contract 11
City of Apple Valley
ARTICLE 28
WELLNESS COMPENSATION
28.1 On the first pay check in January, an employee shall receive four hours of pay at the employee's regular
base pay rate for completing an annual dental examination and an annual physical examination
including recommended preventive screenings before the prior December 1 each calendar year.
28.2 In order to be eligible for the compensation under this section, the employee shall provide to the
employer certification that the employee has completed the applicable examinations within the previous
12 months. The certification shall be signed by a qualified healthcare provider appropriate to make such
certification.
28.3 A newly eligible employee under this section shall provide certification to the employer within 90 days
after eligibility. Compensation shall be effective no earlier than the first day of the pay period following
the date certification is received by the employer. If certification is not provided to the employer within 90
days after eligibility, the employee shall not be eligible for compensation under this section until the next
calendar year.
ARTICLE 29
PUBLIC WORKS UTILITIES DIVISION ON-CALL DUTY
29.1 The Public Works Superintendent shall on November 30th of each year determine the number of
employees that meet the qualifications for assignment to on-call duty pursuant to Public Works Policy
2.05, Section D for the following calendar year.
29.2 Based on the number of employees determined eligible, a determination shall be made of the minimum
number of weeks each employee shall be assigned to on-call duty. Adjustments may be made if
qualified employees separate from employment with the City and/or new employees meet the
qualifications in the Policy.
29.3 Beginning with the most senior employee, employees shall select the weeks during which they shall be
assigned on-call duty, provided that:
a. No employee shall select consecutive weeks of on-call duty assignment
b. If employees are required to select four (4) or more weeks, at least one (1) week must be selected
per quarter (January-March, April-June, July-September, October-December)
c. An employee may select more than the minimum number of weeks if they so desire with the
consent of other employees wishing to minimize serving on-call assignments
d. Scheduled assignments shall be distributed among employees to avoid a concentration of on-call
duty assignments involving holidays for less senior employees.
29.4 Once each employee has selected the minimum number of weeks of on-call duty assignment, remaining
weeks shall be assigned one week at a time beginning with the least senior eligible employee and
working up the seniority list until all weeks have been assigned.
29.5 Employees wishing to exchange on-call duty rotations with other eligible employees shall notify the
Public Works Superintendent in writing signed by both employees involved in the exchange a minimum
of one (1) week prior to the start of the rotation.
29.6 The City and the Union recognize that unforeseen circumstances that result in the need for immediate
substitution of an employee assigned to on-call duty may occur. In that case, it shall be the
responsibility of the employee assigned to on-call duty to contact another eligible employee to cover
such period of time as the assigned employee is unable to provide on-call coverage. The employee
assigned to on-call duty shall advise the Public Works Superintendent immediately upon the change in
circumstances.
29.7 Employees assigned to an on-call duty rotation for Monday, Tuesday, Wednesday, or Thursday nights
shall receive one and one half (1.5) hours at one and one-half times their current hourly pay rate. If
designated to be on-call for Friday, they shall receive two and one half (2.5) hours at one and one-half
times their current hourly pay rate. If designated to be on-call for Saturday or Sunday, they shall receive
three and one-half (3.5) hours at one and one-half times their current hourly pay rate.
2018-2019 AFSCME Contract 12
City of Apple Valley
29.8 Employees assigned to on-call duty for holidays as defined by Article 16 shall receive four (4) hours at
one and one-half times their current hourly pay rate.
29.9 For each on-call duty assignment, a maximum of one half (½) of the compensation hours under this
article shall be eligible for conversion to compensatory time.
29.10 Compensation will be provided pursuant to the current AFSCME Labor Agreement when employees
must respond on-site during non-business hours. An incident report will be completed and submitted to
the Public Works Superintendent for each incident requiring an on-site response during non-business
hours.
29.11 No additional compensation is provided for responding to issues that can be resolved by telephone
(e.g., non-critical SCADA alarm acknowledgement or addressing resident questions by telephone)
provided that time spent resolving such issues does not exceed one (1) hour per twenty-four (24) hour
period. The employee shall keep a record of all issues resolved by telephone along with the amount of
time spent on each call. If the time exceeds one (1) hour per twenty-four (24) hour period, one call back
period as defined in the current AFSCME Labor Agreement shall apply.
29.12 If the employee serving on-call duty experiences fatigue as a result of responding to calls for service
which has the potential to create an unsafe working condition for that employee:
a. The Public Works Superintendent shall temporarily assume the on-call duties to allow the employee
adequate rest to recover.
b. The employee’s schedule shall be adjusted to allow for adequate rest if the work leading to the
fatigue occurs between Sunday evening at 10:00 p.m. and Friday morning at 6:30 a.m. and requires
them to rest into the beginning of their next regularly scheduled shift.
c. The employee will not be required to make up these hours or be required to work past the end of
their normal scheduled shift but will be paid for their regular scheduled hours.
ARTICLE 30
NON-DISCRIMINATION
30.1 Neither the employer nor the union will discriminate under the provisions of this Agreement against any
employee on any basis prohibited by law.
ARTICLE 31
SAVINGS CLAUSE
31.1 This Agreement is subject to law. In the event any provision of this Agreement shall be held to be contrary
to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provision shall be voided. All other provisions of this Agreement shall
continue in full force and effect. The voided provision may be renegotiated at the request of either party.
ARTICLE 32
WAIVER
32.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and
conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby
superseded.
32.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to make demands a nd proposals with respect to any terms or condition
of employment not removed by law from bargaining. All agreements and understandings arrived at by the
parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The
employer and the union each voluntarily and unqualifiedly waive the right to meet and negotiate regarding
any and all terms and conditions of employment referred to or covered in this Agreement or with respect to
any term or condition of employment not specifically referred to or covered by this Agreement, even
though such terms or conditions may not have been within the knowledge or contemplation of either or
both of the parties at the time this contract was negotiated or executed.
2018-2019 AFSCME Contract 13
City of Apple Valley
ARTICLE 33
DURATION
33.1 This Agreement shall be effective at 12.01: A.M. on January 1, 2018 and shall remain in full force and
effect until 12:00 midnight on December 31, 2019.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 28th day of December, 2017.
FOR THE CITY OF APPLE VALLEY: FOR AFSCME, COUNCIL NO. 5:
Mary Hamann-Roland, Mayor Josh Jensen, President
Pamela Gackstetter, City Clerk Jerry Jacobs, Secretary/Treasurer
M. Thomas Lawell, City Administrator JoAnn Holton, Business Representative
Melissa Haas, Human Resources Manager
APPENDIX "A"
HOURLY WAGE SCHEDULE
SECTION 1
Effective the payroll period beginning December 23, 2017
Start 1 2 3
Working Foreman 24.88 28.29 30.50 32.87
Fleet Mechanic 23.12 26.63 28.84 31.08
Technical Specialist 22.66 26.11 28.29 30.48
Maintenance Worker II 20.50 22.48 24.68 29.82
Maintenance Worker I 19.30 20.50 21.49 23.01
Effective the payroll period beginning December 22, 2018
Start 1 2 3
Working Foreman 25.63 29.14 31.42 33.86
Fleet Mechanic 23.81 27.43 29.71 32.01
Technical Specialist 23.34 26.89 29.14 31.39
Maintenance Worker II 21.12 23.15 25.42 30.71
Maintenance Worker I 19.88 21.12 22.13 23.70
STEP PLACEMENT/ADVANCEMENT
A. Salary changes relate to continuous months of employment. The effective date for an employee's
salary change shall be the anniversary date of employment. The union recognizes that the
employer operates a bi-weekly payroll system and agrees that the effective date for salary changes
for employee anniversaries occurring in the first week of the pay period shall be the first day of that
pay period and that the effective date of salary changes occurring in the second week of the pay
period shall be the first day of the next pay period.
B. Employees shall be placed on a step of the appropriate classification, as determined by the
employer. Thereafter, employees shall be eligible for an additional step increase in accordance
with the pay scale and classification on the employee's anniversary date of employment.
C. 1) If an employee is transferred to a position classification which provides the employee with a
promotion, that employee shall be placed, at a minimum, on the step of the new position
classification which provides the employee with a wage increase, however, the employer reserves
the sole discretion, to place an employee above the step providing the minimum salary increase.
2) If an employee is transferred to a position classification resulting in a reduction of position
classification, that employee shall be placed on the step equivalent to the step held by the
employee in the employee's former position classification.
SECTION 2
Base Pay Rate for Seasonal Employees:
Effective December 23, 2017
Step 1 Step 2 Step 3 Step 4
Seasonal Maintenance I 12.16 12.48 12.88 13.24
Seasonal Maintenance II 13.51 13.88 14.27 14.67
Effective December 22, 2018
Step 1 Step 2 Step 3 Step 4
Seasonal Maintenance I 12.52 12.85 13.27 13.64
Seasonal Maintenance II 13.92 14.30 14.70 15.11
Step 1 of the Seasonal Maintenance I pay scale shall be 63% of Step 1 of the full-time M-I scale and Step 1
of Seasonal Maintenance II pay scale shall be 70% of Step 1 of the full-time M-I scale. Seasonal
maintenance employees shall not be entitled to City benefits nor will they be considered to be regular full-
time employees who have finished the probationary period required by Article IX above.
APPENDIX "B" – 2018 Actual Holidays
January February March
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 171
18 19 20 21 22 23 24
25 26 27 28 29 30 31
April May June
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
July August September
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
October November December
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
APPENDIX "B" – 2019 Actual Holidays
January February March
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
April May June
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
July August September
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
October November December
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
I T E M: 4.Y.
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Memorandum of A greement with A F S C ME L ocal No. 479 Regarding Annual L eave
Cash Out
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Approve memorandum of agreement with A FS C ME Local N o. 479 regarding cash out of
annual leave for certain eligible employees.
S UM M ARY:
Staff recommends approving memorandum of agreement with A FSC ME Local N o. 479 to
avoid undesired constructive receipt implications for certain employees with respect to the
option to cash out annual leave.
B AC K G RO UND :
During a recent education seminar, staff identified a constructive receipt issue with the
annual leave cash out provision as currently written in the labor agreement with A FSC ME
Local No. 479 representing maintenance workers. T he agreement currently allows certain
employees to cash out up to 16 hours of annual leave once per year. Unless amended, this
arrangement would constitute "constructive receipt" of income and require that the 16 hours
of annual leave be included as taxable income for all employees who are eligible for the cash
out, whether or not they actually do cash out any hours.
Treasury Regulations § 1.451-2(a) of the Internal Revenue C ode set out the constructive
receipt doctrine. Under the regulation, income is constructively received by the taxpayer in
the tax year during which it is credited to the taxpayer's account, set apart for the taxpayer, or
otherwise made available so that the taxpayer may draw upon the income at any time, or so
that the taxpayer could have drawn upon it during the tax year if notice of intention to
withdraw had been given.
In the case of a plan that allows employees to convert unused paid time off (PTO) into cash,
the IRS has held that an employee is constructively in receipt of income as soon as the right
to receive cash for the PTO becomes fixed (Letter Ruling 9009052). However, income is not
constructively received if the taxpayer's control of the income's receipt is subject to
substantial limitations or restrictions.
In Letter Ruling 200130015, a municipality entered into a collective bargaining agreement
with certain employees allowing them to cash out some excess vacation hours prior to
separation from service. Under the plan, an employee could elect irrevocably at any time on
or before December 31 of each year to receive cash for part or the entire amount of vacation
hours that would otherwise accrue in the subsequent year. T he letter ruling concluded that
this arrangement did not constitute constructive receipt in the year before the vacation leave
was earned, as the election was made before the employee's provision of services giving rise
to the vacation leave. T his concept is confirmed in Letter Rulings 200202027 and
200450010.
For these reasons, staff worked in good faith with representatives of A F SC ME Local No.
479 to prepare the Memorandum of Agreement regarding the annual leave cash out provision.
T he agreement requires that an eligible employee make an irrevocable election by December
31 in order to cash out up to 16 hours of annual leave in the subsequent year, thereby
eliminating constructive receipt. T he Memorandum of Agreement reflects the same language
as has been approved by the City C ouncil in the Personnel Policies Manual and and included
in the 2018-2019 labor agreements with LELS Local No. 243 representing Police Sergeants
and LELS Local No. 71 representing Police Officers.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Agreement
MEMORANDUM OF AGREEMENT
Annual Leave Cash Out
This Memorandum of Agreement is made by and between the City of Apple Valley (“the Employer”) and
AFSCME Council 5, Local No. 479, (“the Union”).
WHEREAS, the Employer and the Union have entered into a Collective Bargaining Agreement effective 1/1/18
through 12/31/19; and
WHEREAS, the 2018-2019 Collective Bargaining Agreement between the Employer and the Union contains an
article relative to the cashing out of annual leave hours for certain eligible employees;
NOW, THEREFORE, the parties hereby agree as follows:
I. An employee, who has an accrued and unused balance of 160 or more hours of annual leave, may make an
irrevocable election annually by December 31, to receive cash compensation in lieu of up to 16 hours of
annual leave earned in the subsequent year.
Such election shall be made in writing in a format determined by the city and received in Human
Resources by December 31.
Upon making such election, annual leave earned beginning the start of the first pay period in January of
the subsequent year, up to the amount elected by the employee, shall not be credited to the employee's
annual leave bank, but instead shall be paid to the employee at the employee's base pay rate on the
earliest of:
1) When requested by the employee on one regular pay check in the calendar year subsequent to the
employee's election, provided the elected number of hours have been earned; or
2) The first pay check in December of the year subsequent to the employee's election; or
3) Upon the employee's separation from employment.
II. Article 17.11 of the 2018-2019 Collective Bargaining Agreement between the Employer and the Union is
superseded by paragraph I above.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the twenty-eighth (28th) day of
December, 2017.
FOR THE CITY OF APPLE VALLEY: FOR AFSCME, COUNCIL NO. 5:
Mary Hamann-Roland, Mayor Josh Jensen, President
Pamela Gackstetter, City Clerk Jerry Jacobs, Secretary/Treasurer
M. Thomas Lawell, City Administrator JoAnn Holton, Business Representative
Melissa Haas, Human Resources Manager
I T E M: 4.Z .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving C hanges to P ay and Benefit Plan for 2018
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Adopt resolution approving changes to the pay and benefit plan for 2018 and directing staff
to prepare a 2018 pay and benefit plan document incorporating the changes.
S UM M ARY:
Staff annually reviews the pay and benefit plan and recommends changes and modifications
as needed and as provided in the adopted budget. T he recommended revisions are typically
presented to you at the last council meeting in December in order to implement changes in
the new payroll year. Staff has prepared the attached resolution for your consideration.
Following is a summary of the changes recommended to the pay and benefit plan for 2018:
Wages: Adjust full-time schedule I II, and III; regular part-time; and casual employee pay by
2.75%. Full-time regular pay grades are restructured to reflect updates based on market
evaluation and grade calibration. Hourly rate for paid on call firefighters is adjusted to $16.
Other Miscellaneous C hanges: C onstruction C oordinator title in grade 190E is deleted.
Deputy Fire Marshal title in grade 190E is deleted. Plumbing/Mechanical Specialist title in
grade 180 is deleted. Property Room C lerk is reclassified from grade PT 125 to grade PT 130
due to a review of job functions. Cable Operator is reclassified from regular part-time grade
P T C BL to casual grade C11. Facility Supervisor in grade PT 130 is retitled Facility
Coordinator. Office Supervisor in grade PT 13 is retitled O ffice C oordinator. Facility
Coordinator title in grade PT 125 is eliminated. Facility Lead Attendant title in grade PT 120
is eliminated. Facility Attendant in grade PT 105 is retitled Facility Assistant. Arena
Attendant, Pool Attendant, and Recreation Attendant titles in grade C -01 are deleted.
Facility Attendant and Program A ttendant titles are added in grade C -01. Office Leader title
in grade C -04 is deleted. Park/Field Supervisor and Activity Supervisor titles are added in
grade C -07. Facility On-C all Supervisor in grade C -08 is retitled Facility Supervisor.
Custodial Attendant title is added in grade C -08. Recreation Program Director in grade C -10
is retitled Learn to Skate C oordinator. Recreation Program Assistant Director in grade C -10
is retitled Learn to Skate Assistant C oordinator.
B AC K G RO UND :
T he pay and benefit plan covers all non-represented regular full-time and part-time
employees, retail liquor sales clerks and other casual (seasonal/temporary/variable-hour)
employees, and paid-on-call volunteer firefighters.
T he pay system includes two components: annual range adjustment and incremental
advancement for movement through the range. Adjustments to ranges, if applicable, are
approved on an annual basis by the C ouncil. Progression within the range is based on an
individual's time in position, performance in the position and/or other criteria and standards
as established by the City. T he C ity’s pay and benefit plan is designed to 1) establish and
maintain pay opportunities that enable Apple Valley to attract and retain qualified, reliable,
and motivated staff who are committed to the C ity’s mission and objectives, 2) follow the
principles of comparable worth in establishing and maintaining pay relationships among
positions based on knowledge and responsibility required to do the job, 3) review and
monitor the total compensation package in relation to internal and external equity, and 4)
balance compensation and benefit needs with available resources.
As reviewed at the informal C ouncil meeting on December 14, 2017, pay grades were
revised in 2017 to reflect the City's updated job evaluation system. T his year, staff
completed the second phase of the overall project: market parity review and grade
calibration. Over the years, the composition of the full-time grades in the pay and benefit
plan has lost some structure and become unbalanced, while also lagging behind the market
for many positions, particularly at the grade maximums. To adjust and correct this problem,
market data for matched positions in our peer cities comparison group was compiled. T he
data was used to create a regression line and subsequent grade structure for 2018 which is
more uniform and aligned to the market. As a result, some of the grades are expanded. Some
employees who have been at the maximum of their grade will begin to advance through the
range starting in 2018. Eligibility for advancement through a range will continue to be
annually from the employee's date in the position, and subject to acceptable performance.
New employees will be eligible for advancement of up to 5% upon successful completion of
the initial 12-month probationary period. Advancement thereafter will be up to 3%, until the
maximum of the range is reached.
T he recommended changes to the 2018 pay and benefit plan include the restructuring of full-
time pay grades to reflect the updates based on market evaluation and calibration.
B UD G E T I M PAC T:
Funds sufficient to implement all the recommended changes are included in the City’s
adopted 2018 budget.
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION APPROVING REVISED 2018 PAY AND BENEFIT PLAN
WHEREAS, the purpose of this Resolution is to approve the 2018 pay and benefit plan for full-
time Schedule I, II, III, part-time, and casual employees; elected officials; and paid-on-call firefighters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley as
follows:
1. That, the City adjusts the pay for Schedule I, non-exempt positions and Schedules II and III,
exempt positions, by 2.75% effective December 23, 2017. Grades are restructured to reflect
updates for market evaluation and calibration.
2. That, the City adjusts the pay for regular part-time, non-exempt positions by 2.75% effective
December 23, 2017.
3. That, a regular full-time or regular part-time employee shall be eligible for pay advancement not to
exceed 5% upon successful completion of the initial probationary period. After the initial
probationary period, a regular full-time or regular part-time employee shall, at a minimum, be
eligible for advancement one calendar year after the employee's most recent pay advancement,
until the employee reaches the maximum of the appropriate pay range. Such advancement shall not
exceed 3% of the employee's current base pay rate.
4. That, Appendix G states that part-time liquor store employees are casual employees.
5. That, the hourly pay rate for paid-on-call volunteer firefighters is $16.00 effective January 1, 2018.
6. That, the monthly stipend for fire officer assignments is adjusted by 2.0% effective January 1,
2018.
7. That, the pay scale for part-time retail liquor positions is not adjusted.
8. That, the City adjusts the pay scale for casual positions by 2.75% effective December 23, 2017.
9. That, for 2018, the annual uniform allowance for Fire Chief, Deputy Fire Chief, Fire Marshal, Fire
Inspector, Building Inspector, Code Compliance Specialist, Natural Resources Coordinator, Water
Quality Technician, Public Works GIS Technician, Police Chief, Police Captain, and Police
Records staff shall be initial issue and fair wear and tear replacement.
10. That, for 2018, the monthly car allowance amounts for designated administrative personnel are as
follows: $385 for City Administrator; $275 for Community Development Director, IT Manager,
Public Works Superintendents, and Public Works Supervisor – Fleet & Buildings. The Police
Chief, Police Captains, Fire Chief, Deputy Fire Chief, Fire Marshal, and rotating Assistant Fire
Chiefs shall be provided with 24-hour usage of a city-owned vehicle.
11. That, the following miscellaneous changes are made: Construction Coordinator title in grade 190E
is deleted. Deputy Fire Marshal title in grade 180E is deleted. Plumbing/Mechanical Specialist title
in grade 180 is deleted. Property Room Clerk is reclassified from grade PT125 to grade PT130 due
to a review of job functions. Cable Operator is reclassified from regular part-time grade PTCBL to
casual grade C11. Facility Supervisor in grade PT130 is retitled Facility Coordinator. Office
Supervisor in grade PT130 is retitled Office Coordinator. Facility Coordinator title in grade PT125
is eliminated. Facility Lead Attendant title in grade PT120 is eliminated. Facility Attendant in
grade PT105 is retitled Facility Assistant. Arena Attendant, Pool Attendant, and Recreation
Attendant titles in grade C-01 are deleted. Facility Attendant and Program Attendant titles are
added in grade C-01. Office Leader title in grade C-04 is deleted. Park/Field Supervisor and
Activity Supervisor titles are added in grade C-07. Facility On-Call Supervisor in grade C-08 is
retitled Facility Supervisor. Custodial Attendant title is added in grade C-08. Recreation Program
Director in grade C-10 is retitled Learn to Skate Coordinator. Recreation Program Assistant
Director in grade C-10 is retitled Learn to Skate Assistant Coordinator.
12. That, the City of Apple Valley is committed to the principle of comparable worth and will
continue to monitor and maintain equitable compensation relationships. Placement of positions in
grades will be determined using the adopted job evaluation system as well as relevant market
comparison data. However, the City also recognizes that it employs public safety personnel
required to perform duties which may place them in a potentially life threatening situation and,
therefore, the public safety personnel will be recognized by the City as a unique component within
the total employee work force.
13. That, if any conflict exists between this Resolution and the approved Personnel Policies, this
Resolution shall prevail.
14. That, adoption of this resolution includes the ratification of the City Administrator’s actions in
carrying out the terms and conditions of the 2018 Pay and Benefit Plan.
15. That, following each payroll period, the Payroll Coordinator shall make a Gross Payroll Report
available to the Council.
16. That, staff is directed to prepare a 2018 Pay and Benefit Plan document incorporating the changes
approved herein.
ADOPTED this 28th day of December, 2017.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.A A .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove P ersonnel R eport
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Approve the personnel report.
S UM M ARY:
T he employment actions attached to this memo are recommended for City Council
Approval.
B AC K G RO UND :
T he C ity C ouncil's approval of the Personnel Report includes the ratification of the C ity
Administrator's actions in carrying out the terms and conditions of the employment of the
City personnel.
B UD G E T I M PAC T:
Budgeted positions.
AT TAC HM E NT S:
Personnel Report
PERSONNEL REPORT
December 28, 2017
City of Apple Valley
Human Resources
EMPLOYMENT ACTIONS
The following employment actions are recommended for City Council approval:
First
Name
Last
Name Action Position Status Dept.
Base Pay
Rate
Pay
Type
Pay
Scale
Date
(on or about)
Taylor Bergerson Hire
Recreation Attendant -
Warming House Seasonal 1800 $ 9.75 Hourly C-01 12/23/2017
Daniel Beske Hire I.T. Systems Analyst
Full-Time,
Regular 1030 $ 40.00 Hourly 190 1/8/2017
Cole Brenno Rehire
Recreation Attendant -
Warming House Seasonal 1800 $ 10.00 Hourly C-01 12/23/2017
Barry Collins
Fire Officer
Assignment Station 3 Captain
Paid on Call
Volunteer 1300 $ 16.00 Hourly FIRE 1/1/2018
Paul Deraas
Fire Officer
Assignment Station 2 Captain
Paid on Call
Volunteer 1300 $ 16.00 Hourly FIRE 1/1/2018
Taylor Dubej Hire
Recreation Attendant -
Warming House Seasonal 1800 $ 9.75 Hourly C-01 12/23/2017
Colleen Elvin Promotion Fire Inspector
Full-Time,
Regular 1300 $ 29.52 Hourly 160 1/2/2018
Blake Hoeschen Rehire
Recreation Attendant -
Warming House Seasonal 1800 $ 10.25 Hourly C-01 12/23/2017
Taylor Leonard Hire Community Service Officer
Part-Time,
Regular 1200 $ 14.09 Hourly 120 1/12/2018
Garrett McKay Rehire
Recreation Attendant -
Warming House Seasonal 1800 $ 11.05 Hourly C-01 12/23/2017
Jeffery Melville
Fire Officer
Assignment Station 1 Captain
Paid on Call
Volunteer 1300 $ 16.00 Hourly FIRE 1/1/2018
Sally Nelson Rehire
Recreation Attendant -
Warming House Seasonal 1800 $ 10.25 Hourly C-01 12/23/2017
Jacob Rada Rehire
Recreation Attendant -
Warming House Seasonal 1800 $ 10.50 Hourly C-01 12/23/2017
Kevin Roth Hire
Recreation Attendant -
Warming House Seasonal 1800 $ 9.75 Hourly C-01 12/23/2017
John Struthers
Fire Officer
Assignment Assistant Chief
Paid on Call
Volunteer 1300 $ 16.00 Hourly FIRE 1/1/2018
Richard Wiggin
Acting
Assignment Working Foreman
Full-Time,
Regular 1710 $ 31.99 Hourly UMW 12/29/2017
Zach Wright Hire
Recreation Attendant -
Warming House Seasonal 1800 $ 9.75 Hourly C-01 12/23/2017
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the
employment of the City personnel.
Page 1 of 1
I T E M: 4.A B .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Claims and Bills
S taff Contact:
Ron Hedberg, F inance Director
D epartment / D ivision:
F inance Department
AC T I O N RE Q UE S T E D:
Approve claims and bills.
S UM M ARY:
Attached for C ity C ouncil review and approval are check registers for recent claims and
bills.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
Check registers dated December 6, 2017, and December 13, in the amounts of
$1,625,115.78, and $964,490.01, respectively.
AT TAC HM E NT S:
C laims and B ills
C laims and B ills
I T E M: 5.A .
C O UNC I L ME E T I NG D AT E :D ecember 28, 2017
S E C T I O N:Regular Agenda
Description:
B igos Kelley P ark P hase I I I (L ot 1, B lock 9, and L ots 1 and 2, Block 10, T he L egacy of Apple
Valley North)
S taff Contact:
K athy Bodmer, A I C P, P lanner
D epartment / Division:
C ommunity D evelopment Department
Applicant:
B igos Management, B igos-Fortino, L L C and I MH Special
A sset 175-AV N L L C
P roject Number:
P C17-16-Z B
Applicant Date: 9/21/2017 60 Days: 11/19/2017 120 Days: 1/18/2018
AC T I O N RE Q UE S T E D:
1. Hold public hearing to consider vacation of drainage and utility easements.
2. Pass ordinance amending P D-739 (Recommend waiving second reading).
3. Adopt resolution with conditions approving site plan/building permit authorization for
construction of 61-unit apartment building on Block 9 and 114-unit apartment building
on Block 10, Legacy of Apple Valley North.
S UM M ARY:
Bigos Management requests amendments to Planned Development zoning district No. 739, to
allow construction of a 61-unit apartment building on Block 9 and 114-unit apartment
building on Block 10, Legacy of Apple Valley North. T he subject properties are located on
the northeast and northwest corners of 153rd Street and Fresco Terrace, directly south of
Kelley Park.
Project Review Process: T he Bigos Kelley Park Phase III development plan has undergone
changes while it has been under review by the City. T he plans submitted for a public hearing
in May 2017 showed a four-story 76-unit building on Block 9 and a five-story 164-unit
building on Block 10. Bigos decided to table the May public hearing after the City received
a number of emails from the neighborhood objecting to the project. On J une 29, 2017, the
Bigos Management hosted a neighborhood meeting with approximately 20 neighbors
attending.
Based on neighbor and staff feedback, the petitioners modified the plans for an October 18,
2017, public hearing before the Planning C ommission. Bigos scaled back its plans by
reducing the size of the building on Block 9 from 76 units to 61 units. On Block 10, the
building was reduced in height from five stories to four stories on the west side and three
stories on the east side to better fit with the townhomes east across Foliage Ave and south
across 153rd Street. T he number of units was also reduced on Block 10 from 164 units to
114 units.
Plan Date
May 2017 O c to b er 2017
S tories N o. U nits S to ries N o. U nits
Block 9 4 76 4 61
Block 10 5 164 3 to 4 114
Total 240 175
Block 9: Block 9, located west of the landscaped boulevard of Fresco Terrace, is currently
zoned P D-739, Zone 2, which requires buildings with a mix of land uses. Bigos Management
plans to construct a four-story 61-unit apartment building with a 1,100 sq. ft. "live/work"
space on the first floor that will provide office area, conference room, lounge and restrooms.
T he "live/work" space will be available to rent by residents and the public and, along with
the apartment units, will meet the "mixed-use" requirements of Zone 2. T he space is intended
to support home-based and entrepreneurial businesses.
At 61 units, the building would have a density of 47.8 units/acre. T he site plan shows that 32
off-street surface parking spaces and 28 on-street spaces will be available for a total of 60
surface spaces available; 64 surface parking spaces are required for the apartments and the
live-work space. T he petitioners will provide additional garage spaces to make up the four-
space surface parking shortfall. Sixty-four (64) spaces will be provided in the garage; a
minimum of 61 garage spaces are required. T he petitioners also request to reduce the length
of the garage parking stalls from 20' to 19' and 18'.
Block 10: Block 10, east of Fresco Terrace, is currently comprised of two parcels. T he lots
will need to be replatted to a single lot for construction of the single building. T he replat will
be reviewed by the C ity Council in the future. T he property is zoned PD-739, Zone 3, which
allows townhouses, multiple family apartments, condominiums and assisted care facilities.
T he petitioners plan to construct the building with four stories on the west side and three
stories on the east side to make the building more compatible with the townhomes and
condominiums to the east and southeast of the site. A six story building would be permitted
by the zoning district.
At 114 units, the building density is proposed to be 46.3 units/acre (48 units/acre maximum
allowed). With 44 surface parking spaces and 28 on-street spaces, residents of Block 10 will
have 72 surface parking spaces available; 96 surface parking spaces are required. T he
petitioners plan to address the parking shortfall by providing additional underground garage
spaces. At 136 garage spaces, 1.2 garage spaces/unit are proposed. Only 114 spaces or 1.0
spaces per unit are required. T he petitioners state that the 24-space surface parking shortfall
can be addressed through the underground garage spaces. T he petitioners also state that
constructing additional underground parking spaces will allow for more open space and green
space on the site.
T he petitioner's effort to reduce the size and coverage of the buildings make the proposal in
line with the greater neighborhood; G abella, at 38 units/ acre, G alante, at 45 units/acre and
Seasons, at 55 units/acre. Also, the building placements provide a varied building line along
153rd Street and Fresco Terrace to reduce massing close to sidewalks in these areas.
T he petitioners are proposing to reduce the depth of the majority of the garage parking stalls
in the garage from 20' to 18'. In addition, 15 of the 136 spaces (11%), are proposed to be
compact stalls with stalls reduced from 20' to 18' long, and width reduced from 9' to 8.5'.
T he requested "compact" spaces are consistent with previously approved compact parking
spaces in the Parkside Village Galante building.
Requested Zoning Amendments : T he petitioners request the following zoning amendments:
1. Allow reduced building setbacks from 15' to 10' from Foliage Ave, Fortino Street and
Galante Lane.
2. Allow compact parking stalls in the lower level garage in Block 10 with 15 of 136
spaces that are 8.5' wide, rather than 9.0' wide.
3. Allow reduced parking stall depth from 20' to 18' and 19' in the underground garages.
4. Use excess garage parking to make up for surface parking shortfall.
5. Use of metal panels for an exterior building material.
Vacation of Drainage and Utility Easements: T he petitioners request consideration of a
vacation of drainage and utility easements to reconfigure the storm water ponds to better fit
the site plan. T he existing ponds on the two blocks are part of the C ity's storm water
management system. T he C ity Engineer is working with the petitioner's engineer to ensure
that the redesigned infiltration areas will accommodate the C ity's storm water needs. Letters
of objection for the vacation have been received from Dakota Electric and C enter Point
Energy. T he two utility companies state that they have trunk lines within the easements and
want to ensure that adequate easement remains to not impact their services. Replatting the
two blocks to show the rededicated easements should address the concerns raised. Staff is
recommending that no action be taken tonight except to hold the public hearing; completing
the vacation will be done when the final plats rededicating the easements are done.
B AC K G RO UND :
At its meeting of Decem ber 6, 2017, the Planning C ommission voted unanimously to
r e c o mme nd a p p r ov a l of the zoning amendments and the site plan/building permit
authorization with conditions. T he draft resolutions incorporate the Planning C ommission's
recommendation. Bigos had inherited Gabella and Galante from IMH Holdings, using design
and amenity packages already established when they acquired those properties. T he proposal
for Lots 9 and 10, offered the opportunity for Bigos Management to lead with their enhanced
understanding of the local market. T he Planning Commission appreciated the
detail; sustainable design and amenity features with appeal: high energy efficiency, LED
lighting and prewire garage parking for future electric vehicles, roof top decks on both
buildings, and the work space for residents and neighbors seeking business spaces to meet.
T he buildings have been positioned to offer the best sight lines into Kelley Park from the
edge of the neighborhood.
With local market experience, Bigos was willing to develop an Apple Valley oriented parking
strategy: underground and assigned parking was included in the rent to reduce on-street 3 to 6
parking violations. T he C ity parking ordinance has become part of the resident handbook.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Background Material
Ordinance
R esolution
Map
Applicant L etter
Plan S et
Plan S et
Memo
C orrespondence
L etter
Presentation
Presentation
Bigos Kelley Park Phase III
PROJECT REVIEW
Existing
Conditions
Property Location: Northwest corner of 153rd Street and Fresco Terrace and Northeast corner of 153rd Street and
Fresco Terrace.
Legal Description: Blocks 9 and 10, LEGACY OF APPLE VALLEY NORTH
Comprehensive Plan
Designation
MIX-Mixed Use
Zoning
Classification
PD-739, Zone 2 (Blk 9) and Zone 3 (Blk 10)
Existing Platting Platted lots.
Current Land Use Vacant.
Size: Lot 1, Block 9: 55,610 sf (1.277 acres)
Lot 1, Block 10: 56,916 sf (1.31 acres)
Lot 2, Block 10: 50,311 sf (1.15 acres)
Total Block 10: 107,227 sf (2.462 acres)
Topography: Flat
Existing Vegetation Grasses
Other Significant
Natural Features
NA
Adjacent
Properties/Land
Uses
NORTH Kelley Park
Comprehensive Plan P-Parks and Open Space
Zoning/Land Use PD-739
SOUTH Legacy of Apple Valley, The Seasons of Apple Valley, Legacy Townhomes
Comprehensive Plan MIX-Mixed Use
Zoning/Land Use PD-716, Zones 2 and 1
EAST Orchard Pointe
Comprehensive Plan MD-Medium Density, 6 to 12 units/acre
Zoning/Land Use PD-679, Zone 1
WEST Parkside Village Galante (Under construction)
Comprehensive Plan MIX-Mixed use
Zoning/Land Use PD-739, Zone 3
Development
Project Review
Comprehensive Plan: The Comprehensive Plan guides the development of the site for MIX –
Mixed Uses. The lots are located in the Legacy North of Apple Valley subdivision which is part of
the Central Village. The Central Village was envisioned to be an integrated, compact, mixed-use
development adjacent to the City’s existing downtown core. By developing the site with smaller
block sizes, a one-way coupler street system, higher residential densities and taller mixed-use retail
and office buildings, the area was designed to be an energetic, sustainable and walkable
neighborhood. Development of the Central Village slowed down during the recession, but
development has resumed in the area. The vision for the area has been tempered and refined over
time to respond to the realities of the real estate market.
Central Village Plan: The Central Village Plan dated January 19, 2004, provided the vision and
framework for Planned Development Zoning District No. 739. The vision for the development of
the area was the following:
“The intent of the [Central Village] plan is to manage growth and development of the entire
Downtown Apple Valley by guiding it towards the realization of specific urban design
objectives for the downtown, while demonstrating strategies for mixed-use development. […]
The ‘urban village’ envisioned in the Comprehensive Plan is to be energetic and sustainable,
and provide for a variety of housing types, neighborhood commercial uses, live/work units and
meaningful green spaces.”
Completed Central Village Projects:
Residential Units
Legacy Square Townhomes 105
Haralson Apartments 36
The Seasons at Apple Valley (senior continuum of care) 134
Remington Cove Apartments Phase I 101
Remington Cove Apartment Phase II (under construction) (95)
Parkside Village Gabella 196
Parkside Village Galante ( under construction) (134)
Total Residential 572
(229 under construction)
Retail Sq. Ft.
Vivo Restaurant 14,000
RE/Max Real Estate 16,000
The Shops on Galaxie
45,000
Grandstay Hotel
(78-room hotel with 11,000 sq. ft.
commercial/retail)
Total Office/Retail 142,000 sq. ft.
Park/Open Space Acres
Kelley Park 8.28
Winkler Pond and Trails 8.21
Total Park/Open Space 16.5
Zoning: The site is currently zoned “PD-739” which allows for a mix of residential, commercial,
and park uses. The petitioners are requesting amendments to the zoning designation to allow for
construction of multiple family apartment buildings on Block 9 and Block 10. The petitioners state
that they currently have higher demand for the 1-bedroom units than 2- and 3-bedroom units in
their Parkside Village Gabella apartment development north of Kelley Park. The petitioners state
that the current market trends favor smaller apartment living units in buildings with higher amenity
community spaces. Examples of some of the community spaces proposed include party rooms,
community gathering areas, Wi-Fi cafes, movie rooms, full exercise facilities, and an outdoor
community patio area with swimming pool, grills and yard games.
The petitioners wish to construct a 61-unit building on Block 9 and a 114-unit building on Block
10. The following amendments to the PD zoning district are requested:
Summary of Requested Amendments to PD-739:
• Allow reduced building and parking setbacks (from 15’ to 10’).
• Allow compact parking stalls in the lower level garage. Seventeen of the 136 spaces in
the Block 10 garage are proposed to be 8.5’ wide (rather than 9’ wide).
• Use extra garage parking spaces to make up for surface parking shortfall on Block 10.
• Reduced parking stall depth or width of drive aisle in underground garages.
• Use of metal panels for exterior building material.
The City’s vision for this area has been for a higher density residential development. As the City
transitions from standard suburban development to a suburban-intensive form, challenges are
raised that will need to be evaluated. Currently, the highest density market-rate development in
Apple Valley is the Galante apartment development at 46 units/acre which is currently under
construction on the northeast corner of Galaxie Avenue and 153rd Street. The senior continuum
of care, Seasons at Apple Valley, has a density of 55 units/acre. The proposed density on Block
9 would be 47.8 units/acre and on Block 10 would be 46.3 units/acre.
Preliminary Plat: Not requested or required. It will be necessary for the petitioners to replat
Block 10 to combine the two existing lots into a single parcel. The replat would be reviewed by
the City Council.
Site Plan: When the Bigos Kelley Park project was initially designed, the petitioners proposed
constructing a 76-unit apartment building on Block 9 and a 5-story 164-unit building on Block 10.
In early meetings, the developer and City staff discussed the possibility of including an attached
indoor park to the building on Block 10 similar to the indoor park at Edinborough in Edina. To
make the joint use of the property work financially for the developer, the petitioners proposed to
construct a 5-story building on Block 10.
On June 29, 2017, Bigos Management hosted a neighborhood meeting to present revised plans that
reduced the number of units on the property and addressed some of the concerns raised by the
neighborhood. Approximately 20 neighbors attended the meeting.
The new plans proposed to develop the property as follows:
Block 9:
• 61 units on 1.3-acres (47.8 units/acre) in a 4-story building.
• 1,100 sq. ft. live-work space provided that includes office, lounge area, conference
room and rest rooms.
• Access to underground garage from west on Galante Lane.
• Surface parking lot access west from Galante Lane and south from 153rd Street.
• 64 garage parking spaces provided (61 garage spaces required); thirty-two (32) surface
parking spaces and 28 on-street spaces for a total of 60 surface spaces provided (61
surface spaces required). The petitioners propose making up for the surface parking
shortfall by providing additional garage spaces.
• Rooftop deck.
Block 10:
• 114 units on 2.46 acres (46.3 units/acre) in a 3- and 4-story building.
• Access to underground garage from north off of Fortino Street.
• Access to north surface parking lot from Fortino Street.
• 136 garage parking spaces provided (114 required); 44 surface parking spaces and 28
on street spaces provided for a total of 72 surface spaces (96 surface spaces required).
Petitioner plans to address surface space shortfall by providing extra garage spaces.
Total parking spaces provided 208; total parking spaces required 210.
• Outdoor swimming pool and outdoor community area.
• Rooftop deck.
Floor Plan: Preliminary floor plans have not yet been submitted, but the petitioners state that the
one bedroom units will range in size from 650 sq. ft. to 750 sq. ft. and two bedroom units will
range from 1,000 sq. ft. to 1,400 sq. ft. Some two-level “penthouse” style units will also be
constructed within the building.
The petitioners state that there is market demand for smaller units in buildings that provide higher
amenity community spaces. Both buildings will have amenities including community rooms, club
rooms, theater, and fitness centers. Both buildings will have a rooftop deck and Block 10 will have
an outdoor community space with pool, patio, grilling stations, bocce ball court and a dog run.
Grading Plan: The grading plan was reviewed by the City Engineer and his memo is attached.
Issuance of the building permit will be subject to final review and approval of the grading plan by
the City Engineer.
Elevation Drawings: The exterior building materials are proposed to be a combination of
cementitious panels and lap siding, brick, architectural concrete veneer, and metal panel siding.
Additional information is attached concerning the proposed metal panel system. The petitioners
have been asked to provide a sample of the proposed metal panel material.
The rooftop height of the two buildings varies with the tallest section on Block 9 at 51’ and 48’ for
Block 10 in the 4-story section on the west side. The 3-story building on Block 10 will have a
maximum height of 37’. The maximum building height allowed in Zone 2 is 80’ (6 stories) and
Zone 3 is 60’ (4 stories).
Landscape Plan: A variety of plantings are shown for both Blocks 9 and 10. Currently, the
landscape value of the plantings is at approximately 1% of the construction value of Block 9. The
site is very constrained and staff expects that there will be credit given for the amenities proposed
on the rooftop deck. Block 10 has more greenspace and is currently at a value of 1.7% of the value
of the construction of the building. Block 10 will also have an outdoor pool and community patio
area along with a rooftop deck. Staff expects that there will be credit given for the outdoor
amenities provided on the site.
Municipal Utilities: The utilities plan was reviewed by the City Engineer and his memo is
attached. Issuance of the building permit will be subject to the final review and approval of the
utility plan by the Engineer. Utilities are stubbed into the site and available. An 8” water line
would need to be removed from Block 10. The City Engineer will need to review to determine
whether the removal could be done privately with an executed Design and Private Installation
Agreement or as part of a public project. On Block 9, the petitioners plan to reconfigure the
existing stormwater infiltration basin and will add a surface basin and underground infiltration
structure to manage the stormwater. The infiltration basin on Block 10 will be maintained in its
current location.
Street Classifications/Accesses/Circulation:
• Foliage Ave (80’ ROW) – Minor community collector. No direct access is proposed
from Lot 10 to Foliage Ave.
• 153rd Street (64’ ROW) – One-way west-bound minor community collector. Block 9
has access from 153rd Street to parking areas on the south sides of the building.
• Fortino Street (60’ ROW) Local access street. Access to Block 10’s surface parking
and underground garage will be taken from Fortino Street.
• Galante Lane (75’ ROW) Local access street. One drive access to Block 9 surface
parking lot.
• Fresco Terrace (51’ ROW plus planted center median) Local street designed as a
landscaped parkway entrance to Kelley Park. No access to either site proposed.
Pedestrian Access: The primary focus of the central village is to create a pedestrian-oriented
neighborhood that can easily be accessed on foot and bicycle. Sidewalk links are shown
throughout the two sites providing access to surrounding streets. The first floor apartment units are
planned to be walk-up units similar to what was constructed at the Parkside Gabella site and what
is currently under construction at the Galante site. Walk up units provide a second access for
residents to the street and provide increased pedestrian activity.
Public Safety Issues: None identified at this time. The police department is likely to be
concerned about the availability of resident parking and the prohibition of overnight parking on
public streets. Overnight on-street parking has been an issue at the Parkside Gabella building.
Residents find it convenient to park on the street in front of their units. On-street parking is
prohibited between 3:00 a.m. and 6:00 a.m.
Recreation Issues: Park dedication is expected to be a cash-in-lieu of land dedication.
Signs: No sign approvals are given at this time. No signs may be installed prior to the issuance of
a permit. A separate sign permit must be obtained prior to the installation of any signs on the site
or the building.
Public Hearing Comments: The public hearing was held on October 18, 2017. The following
comments were received:
1. How is parking calculated for the Live-Work units? Staff response: The Live-Work
area would be calculated as a separate activity within the building. The PD zoning district
requires one parking space per 400 sq. ft. of office floor area. At 1,100 sq. ft., a minimum
of three parking spaces would be required for the Live-Work area. The petitioner indicates
that the parking spaces will have a time limit so that at the end of the work day, the spaces
would become available to the residents for surface parking.
2. Please discuss strategies for promoting use of underground parking spaces. Staff
response: Bigos Management indicates that the underground parking stalls would be made
part of the rental package. The surface parking lot on Block 9 has 134 spaces which is 0.56
spaces/unit. Block 10 has 44 spaces which is 0.39 spaces per unit. The petitioners propose
to add underground parking spaces to make up for the surface space shortfall. Parkside
Village Gabella has 228 surface parking spaces which is 1.16 spaces per unit. Parkside
Village Galante has 114 surface parking spaces which is 0.85 spaces per unit. Staff notes
that the number of surface parking spaces has decreased with each apartment development
phase in this area.
The petitioner states that by making the garage spaces part of the rental package and with
strong parking enforcement by the City, residents will learn that on-street parking overnight
will not be an option. Staff is concerned that there will be higher demand for surface
parking spaces than what will be available on site. Managing parking through parking
enforcement will place additional burden on the Police Department. Staff is also concerned
that surface parking demand will extend to the areas adjacent to Kelley Park and may
impact the availability of parking for those who wish to use the park.
3. Concern about popularity of Kelley Park and significant parking demand for Music
in Kelley Park and Oktoberfest events. During some of the busiest times, notice that
people park on the grass during Music in Kelley Park events. Staff response: The
City is aware that there is high demand for parking during popular events in Kelley Park.
Overflow surface parking is available on the west side of Galaxie Ave in the City’s surface
parking lot. The City Code requires that all vehicles must be parked on a paved surface.
4. What are some strategies for ensuring that there is sufficient parking available for
users of Kelley Park? Would the City consider placing time limits on parking? Staff
response: The City has the authority under City Code § 70.02(B) to restrict parking on
public streets by resolution. More restricted parking requirements would require more
monitoring and enforcement by the police department. Additional resources would be
needed which have not been identified as priorities at this time.
5. Please provide renderings that show how the buildings will relate to Fresco Terrace.
Staff response: Petitioner to provide.
6. Buildings are being constructed 10’ away from the sidewalks. Are these livable units?
What about pollution and noise? Thinks larger setbacks are needed. Staff response:
PD-739 established reduced setbacks to promote walkable and active streets in the Central
Village area. The development layout is quite different from the typical suburban
development model seen at Cub Foods or Target or Kingston Green in the downtown.
Rather than having a parking lot between the building and the street, the zoning district
encourages buildings to be placed in close proximity to the street. This was intended to
provide a more active and vibrant area. The petitioners state that the walkup units in the
Gabella building are the most popular units. Those who enjoy a more urban (or, suburban
intensive) environment will enjoy the close interaction with the street.
7. In what ways will this development be sustainable? Staff response: Petitioner to
address.
8. Block 9 has no pool or outdoor patio area. How will that be addressed? Staff
response: Block 9 is proposed to have a rooftop deck. The petitioners indicate that Blocks
9 and 10 will share the outdoor amenities including the outdoor swimming pool and the
community patio area provided on Block 10.
9. Why are only one- and two-bedroom units proposed in these buildings? Wouldn’t the
location be great for families? Staff response: The decision to not include 3-bedroom
apartments is based on the petitioners’ market analysis. Bigos Management has found that
the three-bedroom units in the Gabella building are the most difficult to lease up.
10. Does the live-work area meet the requirements for mixed-use development? Does the
overall development meet the vision of mixed-use for this area? Staff response: When
the Central Village Area was planned, the City envisioned the area of Galaxie Ave and
153rd Street/Founder’s Lane to be made up of boutique retail shops, apartment buildings,
townhomes, and buildings with first floor retail with apartments on the upper stories. The
market reality is that it is difficult to create vertical mixed-use, that is, mixed-use within a
single building. The proposed apartment development on Block 9, with the Live-Work
office space, is an innovative way to address the mixed-use requirement and promotes
home-based businesses and entrepreneurship.
11. The plan is incomplete if the City Engineer is requesting revisions to the plan. Staff
response: The review of land use development applications is an iterative process. Plans
are submitted and then revised as they are reviewed by City staff. The required plans were
submitted and changes are requested as the plans are under review.
12. Will the rooftop decks create noise at night? How will the outside activity impact
adjacent properties? Will the pool area activity negatively impact adjacent
properties? Staff response: Staff has not received plans that show how the upper level
decks will be constructed. A wall or fencing will likely be needed to provide noise
mitigation from the area. The shape of the building on Block 10 should help to screen
some of the sound from the pool and ground level patio. Staff further expects that the
apartment building will have quiet hours when outdoor activities will not be permitted. No
noise complaints were received this summer regarding activities at the Parkside Village
Gabella building.
13. Concern that this development will result in decreased property values. Staff
response: Property values are determined by a complex set of variables that are difficult to
attribute to a single adjacent land use. Instead, property values are impacted by overall
City development patterns. The proposed development will be required to meet the strict
development standards of the City and of the Central Village Planned Development zoning
district.
Planning Commission Recommendation: At its meeting of December 6, 2017, the Planning
Commission voted unanimously to recommend approval of the project with conditions. The
Planning Commission motions are below:
1. Recommend approval of a draft ordinance amending PD-739 related to setbacks, parking
stall dimensions, number of parking stalls and exterior building materials, subject to
execution of a development agreement and planned development agreement and the
following conditions:
a. Park dedication shall be a cash-in-lieu of land dedication.
b. A license to encroach agreement shall be executed for the private improvements
that encroach into City drainage and utility easements.
c. A Private Installation and Maintenance Agreement shall be executed for the long-
term maintenance and functioning of storm water retention/infiltration basins and
structures.
d. A Private Installation Agreement shall be executed for the removal and relocation
of existing public services on the site including an 8" water main and on-site
storm water management ponds.
e. Drainage and utility easements shall be dedicated for the relocated storm water
infiltration basins, subject to final approval of location by the City Engineer.
f. A restricted Access Easement shall be dedicated along Foliage Avenue.
2. Recommend approval of Site Plan/Building Permit Authorization for a 61-unit apartment
building on Block 9 and a 114-unit building on Block 10, subject to compliance with all
City Codes, and the following conditions:
a. Site plan/building permit authorization is subject to the approval of amendments
to PD-739 and execution of a Planned Development Agreement.
b. Site plan/building permit authorization for Lots 1 and 2, Block 10, is subject to
approval of a final plat to combine the two lots into a single lot.
c. Site plan/building permit authorization is subject to approval of vacation of
existing drainage and utility easements and dedication of new easements as
approved by the City.
d. A lighting plan shall be submitted at the time of application of the Building
Permit subject to review and approval by the Planner.
e. No sign approval is given at this time. A separate sign permit must be obtained
prior to the installation of any signs on the site.
f. The owner shall submit a nursery bid list at the time of application of the building
permit that confirms the value of the landscape plantings meet or exceed 2-1/2%
of the value of construction of the building based on Means Construction
Data. Landscape material may include plant materials, underground irrigation
systems, public art, fountains, decorative paving, and other outdoor common
area elements that create an enhanced sense of place and foster positive social
interaction.
g. Modifications to the site plan and/or area intersections may be required as a result
of the findings of the Traffic Impact Study, subject to final review and approval
by the City Council.
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CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F OF THE CITY CODE ENTITLED " APPENDIX F: PLANNED
DEVELOPMENT DESIGNATIONS" BY AMENDING ARTICLE A31 REGULATING
PLANNED DEVELOPMENT DESIGNATION NO. 739
The City Council of Apple Valley ordains:
Section 1. Appendix F-Article A31 of the Apple Valley City Code is hereby amended by
revising Section A31-4 (B) to read as follows:
§ A31-4 PERMITTED USES.
(B) Zone 2. Within this zone, no structure shall be used, except as a mixed use that
include multiple family residential and office and any consists of any two or more of the
following uses or uses deemed similar by the City Council:
(1) The following retail uses: Antique or gift shops; appliance store (sales
and/or repair); art and school supply store; bakery; bank; savings and loan (drive-up teller service
and outdoor ATM service are subject to conditional use permit), barbershop; beauty salon;
bicycle sales; books; stationary and office supplies; candy; camera and photographic supplies;
carpet and rug sales; catering services; china and glassware sales; clothing and costume sales and
rental; coin operated amusement devices and similar facilities; department store; drugstore; dry
cleaning; dry goods; electronic sales and/or service; florist; furniture store; garden supplies;
grocery; hardware store;; hobby store; interior decorating; jewelry and watch repair; laundromat;
leather goods and luggage; locksmith; musical instruments; nail salon, off-sale liquor store; on-
sale liquor, wine or 3.2 beer in conjunction with a Class I restaurant facility; paint and wallpaper
sales; photography studio; pipe and tobacco shop; recorded music sales; Class I, II, or III
restaurant (no drive-through facilities allowed), subject to the installation of state of the art
ventilation equipment in restaurants where applicable; shoe sales or repair; sporting goods;
tailoring; theater (except open air drive-in); toy store; video rental and sales.
(2) Professional offices for doctors, dentists, lawyers, realtors, insurance
agents, and similar uses. Individual tenant office spaces shall not exceed 25% of the first floor
gross area within any one building.
(3) Offices of a general nature where the operations do not include over-the-
counter retail sales or warehousing from the site. Individual offices shall not exceed 25% of the
first floor gross area within any one building.
(4) Multi-family residential dwellings as part of a building containing
commercial uses.
2
(5) Live/work units when part of a mixed use building.
(6) Community-based family care home, day care home licensed under M.S. §
245.812 or such home for the care of the mentally or physically handicapped licensed by the
state.
(7) Public utility buildings and structures.
(8) Home occupation as defined in § 155.003.
(9) Parks and playgrounds.
(10) Public libraries.
(11) Public recreation buildings, community centers, and swimming pools.
(12) Municipal government administrative buildings.
(13) Parking ramps and structures in conjunction with a commercial retail
building, residential structure, or residential/commercial mixed use structure.
(14) Hotels.
Section 2. Appendix F-Article A31 of the Apple Valley City Code is hereby amended by
revising the minimum building setbacks along Foliage Avenue and Along All Other Streets, in
part, as set forth in Section A31-8(C) to read as follows:
§ A31-8 AREA STANDARDS AND REQUIREMENTS.
* * * *
(C) The following standards and requirements shall be met and no improvements
shall be placed on such lands unless the lands to be used or improved shall meet the following
area and dimensional requirements:
3
Table of Minimum Area Standards and Requirements
Zone 1 Zone 2 Zone 3 Zone 4
Building setbacks (feet)
* * * *
Foliage Avenue
Minimum 15 1510 1510 –
Maximum 25 25 25 –
* * * *
Along all other streets:
Minimum 15 1510 1510 15
Maximum 25 25 25 25
Section 3. Appendix F-Article A31 of the Apple Valley City Code, is hereby amended by
revising Section A31-8(E)(6) to read as follows:
§ A31-8 AREA STANDARDS AND REQUIREMENTS.
* * * *
(E) Building and site design. The following design elements shall be incorporated
into the site design and design for all buildings to assure an overall sense of harmony:
* * * *
(6) Multiple residential buildings, comprehensive care residential housing
facilities and assisted care facilities, shall have a vertical exposed finish consisting of at least
50% non-combustible, non-degradable and maintenance-free construction materials (such as
face brick or natural stone, but excluding such construction materials as sheet or corrugated
aluminum, iron, or plain concrete block), with the balance being a non-manufactured
construction material such as cedar or redwood, or manufactured, non-combustible material such
as high quality cementitious fiberboard with corner boards, sometimes referred to as “Hardi-
Plank” fiber cement panels and siding, architectural concrete masonry units and composite metal
panels.
Section 4. Appendix F-Article A31 of the Apple Valley City Code, is hereby amended
by revising Section A31-8 (G)(7)(b) to read as follows:
§ A31-8 AREA STANDARDS AND REQUIREMENTS.
* * * *
4
(G) Parking design and maintenance. The following parking requirements shall be
incorporated into all site plans:
* * * *
(7) The following minimum off-street parking spaces shall be provided and
maintained by ownership, easement, or lease, for and during the life of the respective uses
hereinafter set forth. Where not specifically stated, the City Council shall determine the
adequacy of parking when approving a site plan. These requirements are subject to upward or
downward revisions based on the experiences of the city:
* * * *
(b) Apartment dwellings shall provide one garage space for the first
bedroom, plus one open space by either garage or outdoor surface space for per each additional
bedroom.
* * * *
Section 5. Appendix F-Article A31 of the Apple Valley City Code, is hereby amended
by adding Section A31-8 (G)(11) and Section A31-8(G)(12) to read as follows:
§ A31-8 AREA STANDARDS AND REQUIREMENTS.
* * * *
(G) Parking design and maintenance. The following parking requirements shall be
incorporated into all site plans:
* * * *
(11) Underground parking facilities on parcels in Zone 3 abutting Foliage
Avenue may provide “compact” parking stalls with a dimension of 8.5’ x 18’not to exceed 15%
of all parking stalls provided therein.
(12) Parking stalls in an underground garage or structured parking facilities
may be 9’ x 18’, provided a minimum of 25% of all parking stalls therein shall be a minimum of
9’ x 20’.
Section 6. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. ____", a copy of which is attached
hereto, clearly informs the public of the intent and effect of the ordinance. The City Council
further determines that publication of the title and such summary will clearly inform the public
of the intent and effect of the ordinance.
5
Section 7. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any person during regular office hours.
Section 8. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the office of the
City Clerk.
Section 9. Effective date. This ordinance shall take effect upon its passage and publication
of its title and official summary.
PASSED by the City Council this ____ day of ____________, 20__.
_________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
6
CITY OF APPLE VALLEY
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F OF THE CITY CODE ENTITLED " APPENDIX F: PLANNED
DEVELOPMENT DESIGNATIONS" BY AMENDING ARTICLE A31 REGULATING
PLANNED DEVELOPMENT DESIGNATION NO. 739
The following is the official summary of Ordinance No. _____ approved by the City Council of
Apple Valley on _______ ___, 20__:
Chapter 155 Appendix F-Article A31 of the Apple Valley City Code is amended by
revising Zone 2 permitted uses to clarify the “mixed-use” requirement, by reducing the
minimum building setbacks along Foliage Avenue and other streets, by revising exterior
building material requirements to remove cedar and redwood and to allow composite metal
panels, by revising Zone 2 apartment parking space requirements for off-street parking
facilities, and to allow restricted number of “compact vehicle” parking stalls in
underground parking garages or outdoor parking structures.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,
Apple Valley, Minnesota 55124.
CITY OF APPLE VALLEY
RESOLUTION NO. 20__-__
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT
FOR BIGOS KELLEY PARK PHASE III
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout
the City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, 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 December 6, 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the issuance of a building permit for Bigos Kelley Park
Phase III, including a 61-unit building on Block 9 and 114-unit building on Block 10, is hereby
authorized, subject to compliance with all City Codes 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 identified as Lot 1, Block
9 and Lots 1 and 2, Block 10, The Legacy of Apple Valley North.
3. Site plan/building permit authorization is subject to the approval of amendments
to PD-739 and execution of a Planned Development Agreement.
4. Site plan/building permit authorization is subject to approval of vacation of
existing drainage and utility easements and dedication of new easements as
approved by the City.
5. Site plan/building permit authorization for Lots 1 and 2, Block 10, is subject to
approval of a final plat to combine the two lots into a single lot and rededicate
drainage and utility easements.
6. Construction shall occur in conformance with the site plan dated October 25,
2017, and the amended site plan for Block 10 received in City Offices on
2
November 29, 2017, including parking lot paving and a non-surmountable
concrete curb and gutter around the entire perimeter with a minimum driveway
approach radius of 15' at each public street, and a valley gutter at the edge of
the street pavement.
7. Construction shall occur in conformance with the landscape plan dated
October 25, 2017, including sodded/seeded public boulevard area up to each
street curbline; subject to submission of a nursery bid list that confirms that the
landscape plantings meet or exceed 2-1/2% of the value of the construction of
the building. Landscape material may include plant materials, underground
irrigation systems, public art, fountains, decorative paving, and other outdoor
common area elements that create an enhanced sense of place and foster
positive social interaction. Electric vehicle charging stations may count
towards the landscape budget.
8. Construction shall occur in conformance with the elevation plan dated October
25, 2017.
9. Site grading shall occur in conformance with a Natural Resources
Management Plan (NRMP) which shall include final grading plan to be
submitted for review and approval by the City Engineer; subject to the
applicant submitting a copy of the General Storm Water Permit approval, if
required, 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.
10. The property owner shall execute a maintenance agreement or other suitable
agreement to be filed with the deed that ensures the perpetual maintenance of
the pond buffer area and the two infiltration areas.
11. Any site lighting shall consist of downcast, shoebox lighting fixtures or
wallpacks with deflector shields which confines the light to the property. The
lighting plan shall be reviewed and approved by the planner prior to issuance
of the building permit.
12. Approval of a signage plan is not included with this site plan and building
permit authorization. A separate application and signage plan in conformance
with the sign regulations must be submitted for review and approval to the
City prior to the installation of any signs.
13. Modifications to the site plan and/or area intersections may be required as a result
of the findings of the Traffic Impact Study, subject to final review and approval
by the City Council.
14. Construction and earthmoving activities shall be limited to the hours of 7:00
a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall
3
be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction
shall not be performed on Sundays or federal holidays.
15. 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.
16. 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.
17. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans
or required site improvements shall occur without the express authorization of
the City. Site improvements which have deteriorated due to age or wear shall
be repaired or replaced in a timely fashion.
BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance
is subject to a finding of compliance of the construction plans with the Minnesota State Building
Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform
Fire Code, as determined by the Apple Valley Fire Marshal; and
ADOPTED this 28th day of December, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
4
CERTIFICATE
I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a
true and correct copy of a resolution adopted by the City Council on December 28, 2017, the
original of which is in my possession, dated this _____day of ______________________, 20__ .
____________________________________
Pamela J. Gackstetter, City Clerk
HILLCREST ACRES
O R C H A R D P O IN T
HARALSONAPARTMENTSFRESCOTERRACE
L E G A C Y S Q U A R E T O W N H O M E S
THE SEASONSAT APPLE VALLEY
Block 9 Block 10
Parkside Village Gabella
Parkside Village GalanteKelley Park
CVS
ABRA
FORD
PARK
PARK
REMAX
APT'S
4,960
6,200
3,972
4,538
4,057
7,513 4,693
TRUCK
SHOPS
HOTEL
ENJOY!
25,600
12,900
12,600 25,58816,340
15,440
17,00034,690
37,000
15,435
17,700
11,685
16,000 11,070
30,000
10,207
CENTER
LEGACY
20,344
45,050
20,440
11,000
KELLEY
LEGACY
GALAXIE
LIBRARY
COMMONS
114,840
GALAXIE
MARATHON
FRONTIER
CULVER'S
HARALSON
KWIK TRIP
HILLCREST
OFF. BLDG
GRANDSTAY
HOME DEPOT
LA FITNESS
HILLCREST 2ND HILLCREST 3RDSERVICE CENTER
DEA SUBSTATION PUBLIC STORAGE
HARALSON BLDG.
U-HAUL STORAGE
MINNESOTA AUTO
MAJOR'S SPORTS CAFE
150TH ST W
153RD ST WGALAXIE AVEFOLIAGE AVE151ST S T W
152ND ST W
FORTINO ST
154TH ST W
FOUNDERS LNGALANTE LNGABELLA ST
FLO
W
ER W
AYFONTANA TRLFROST PATHGALLIVANT PLFLORIST CIR
FOUNDERS LANE
F
O
U
N
D
E
R
S L
N
Dakota County GIS
BIGOS KELLEY PARKPHASE III
µ
LOCATION MAP ^
SITE
150TH ST W
153RD ST WGALAXIE AVEFOLIAGE AVE152ND ST W
151ST ST W
157TH ST W
FOUNDERS LN
154TH ST W
FORTIN O S T
GABELL A ST
FLIGHT WAYGALANTE LNF L IG H T LN
GARNETWA
YFLOAT LNFLOW E R W A Y
FROST PATHGALLIVANT PLFLYBOAT LNF L ORIST CIRGARDENIA AVEFONTANA TRL150TH ST W
P
P
C
C
C C
MD
HD
MIX
MIX
INS
MIX
MIX
MIX
µ
BIGOS KELLEY PARKPHASE III
COMPREHENSIVE PLAN MAP ^
MD
HDHD
SITE
2
2
2
21
4
4 4
2
323
34
1
2
3
1
2
23
4
3
1
6
1
6
AGB
RB
244
244
PD-
PD-
M-8B
PD-739
PD-541
PD-739
PD-254
PD-254
PD-716
PD-716
PD-739
PD-679
150TH ST W
153RD ST WGALAXIE AVEFOLIAGE AVE152ND ST W
151ST ST W
FOUNDERS LN
154TH ST W
FORTIN O S T
GABELL A ST
FLIGHT WAYGALANTE LNFLOAT LNFLO RIS TCIR
FONTANA TRLGALAXIE AVEµ
BIGOS KELLEY PARKPHASE III
ZONING MAP ^
OBLIQUE AERIAL BLOCKS 9 AND 10
LEGACY OF APPLE VALLEY NORTH
BLOCK 9 BLOCK 10
SITES
City of
MEMO
Building Inspections
TO: Kathy Bodmer, Planner
FROM: Pat Devery, Building Inspector
DATE: August 28, 2017
SUBJECT: Bigos Parkside Phase III
The utility pad shown at Lot 10 will require screening.
SAC determination is required from Met Council prior to permit issuance from the city.
Submit plans to the Department of Health for installation of the pool.
Geotechnical report boring log and Special Inspector Agreement is required prior to permit
and soil corrections on site.
Submit plans to Minnesota Department of Labor, Plumbing Division for review of
proposed plumbing, sanitary and storm design.
There is currently a property line near the center of Lot 10 that will need to be removed
prior to permit issuance.
The underground parking in Lot 9 will require 3 accessible spaces based on the number of
spaces provided.
The underground parking in Lot 10 will require 5 accessible spaces based on the number of
spaces provided.
Lot 10, any drains provided in the dog run area would need to connect to storm drain.
The outdoor fire table on Lot 10 will require the shut off valve to be permanently identified
and shall serve no other appliance.
On Lot 10, the ramp down to underground parking will require a guard anywhere a walking
surface is more than 30” above the grade below.
On Lot 10, the retaining wall adjacent to the pool will require a continuous guard where
any walking surface is more than 30” above the grade below.
City of
MEMO
Community Development
TO: File
FROM: Kathy Bodmer, Planner
DATE: October 27, 2017
SUBJECT: Barry Bernstein, Director of Parks and Recreation
Responses to Public Hearing Comments Related to Kelley Park
1. Is Kelley Park being over-used or “loved to death”?
Answer: Kelly Park is a busy park and functioning as intended. Kelley Park is listed in our inventory as a
neighborhood park, but with the features and location of the park, it functions as a community park which
typically sees a lot more use and traffic. Mentioning that Kelley Park is loved to death, in my opinion may be
possibly true, but with a very popular splash pad as well as weekly concerts, Kelley Park does get a lot of
notoriety and use.
2. What is the plan for adding parking to Kelley Park? How many spaces are expected
to be added? When will the parking area be constructed?
Answer: Kelley Park has gone through a master plan process which does indicate a large formal parking lot
located on the east side of the park. The City is considering a possible bond referendum in 2018, but these
discussions are very preliminary. Funding is a question and would look to constructing a parking lot if and
when funding becomes available.
3. Does Parks and Recreation see a need to reduce the hours of parking around Kelley
Park to ensure park users have adequate parking available?
Answer: In modifying our current on street practice for parking, I wish to involve our police department for
comment. My first thought is that limited hours of parking surrounding Kelley Park may create more issues
than expected?
CITY OF
MEMO
Public Works
TO: Kathy Bodmer, Planner
FROM: Brandon S. Anderson, PE, City Engineer
DATE: November 29, 2017
SUBJECT: Bigos Kelley Park (Parkside Phase 3) Zoning Amendments to PD-739 Review per
Preliminary Plan Review dated October 25, 2017.
General
1. An Encroachment agreement will be required for all decks, patios, sidewalks, etc. located
within drainage and utility easements.
2. Vacation of drainage and utility easements over existing storm water facilities and water
main will need to occur with final plat. Additional drainage and utility easements may be
required for public infrastructure relocations.
3. A public improvement project is anticipated with this project for the relocation of water
main, storm sewer, roadway and storm water facilities.
4. All proposed retaining walls shall be privately owned and maintained.
Site & Traffic
5. SRF completed a preliminary traffic review of the Block 9 and 10 developments. The
following bullets detail our review and the findings of the study:
a. AM and PM Peak hour counts were collected on Tuesday, November 28th at 153rd
Street/Foliage Avenue and 152nd Street/Galaxie Avenue.
i. 153rd Street/Foliage Avenue has all-way stop control; Foliage Avenue is a
two-lane roadway; 153rd Street is four-lane divided roadway with left-turn
lanes.
ii. 152nd Street/Galaxie Avenue has side-street stop control along 152nd
Street; Galaxie is a four-lane divided roadway with left-turn lanes.
b. An existing intersection capacity analysis was completed using
Synchro/SimTraffic.
i. The 153rd Street/Foliage Avenue intersection operates at an acceptable
overall LOS A during the a.m. peak hour and a LOS B during the p.m.
peak hour.
ii. The 152nd Street/Galaxie Avenue intersection operates at an acceptable
overall LOS A during the a.m. and p.m. peak hours; Eastbound side-street
delays during the p.m. peak hour average over 40 seconds, with 95th
percentile queues reaching approximately 175 feet (i.e. approximately 7-8
vehicles).
c. A preliminary crash analysis was completed using the most recent five-years of
available crash data (2011-2015) at the study intersections.
i. This indicates that the 152nd Street/Galaxie Avenue intersection crash rate
exceeds the average crash rate for similar intersections, but does not
exceed the critical crash rate.
ii. There would need to be an additional four (4) crashes (approximately 1
per year) to exceed the critical rate.
iii. The 153rd Street/Foliage Avenue crash rate is below both the average and
critical crash rates.
d. A background growth rate of 1.5 percent was used to account for background
traffic growth in the area. This is consistent with the Apple Valley Transportation
Plan.
e. A trip generation review was completed on the Preliminary Assessment for
Blocks 9 and 10 completed by Spack Consulting. The trip generation used was
found to be accurate, which identified that the 175 apartments would generate 63
a.m. peak hour trips and 77 p.m. peak hour trips.
f. A future (i.e. one year after build) intersection capacity analysis was completed
using Synchro/SimTraffic.
i. The 153rd Street/Foliage Avenue intersection operates at an acceptable
overall LOS A during the a.m. peak hour and a LOS B during the p.m.
peak hour.
ii. The 152nd Street/Galaxie Avenue intersection operates at an acceptable
overall LOS A during the a.m. and p.m. peak hours; Eastbound side-street
delays during the p.m. peak hour average over 70 seconds, with 95th
percentile queues reaching approximately 300 feet (i.e. approximately 15
vehicles); This type of side-street delay can be common during the peak
hours.
1. If these delays and queues become a significant issue, a
preliminary warrants analysis could be completed to determine if a
signal would be warranted or necessary. Additionally, observations
were made during the data collection process that indicates that
crossing Galaxie Avenue can be difficult for pedestrians during the
peak periods. A traffic signal could improve access across Galaxie
Avenue.
6. Provide a narrative of how the buildings will be constructed and any impacts. The
narrative shall include the following:
a. Shoring and construction of the underground garages.
b. Material Storage.
c. Haul routes to and from the site.
d. Phasing
7. Additional Pedestrian markings and signage on public roadways should be evaluated
further for safe routes to the Public Park and adjacent facilities.
8. Additional signage is required by applicant to indicate no overnight parking on City
Streets.
9. Plans should include reference to all used City of Apple Valley standard detail plates.
10. Show locations of proposed lighting fixtures for parking lots and site.
BLOCK 9
Site
11. A pork-chop at the access along 153rd Street for the Block 9 building would reinforce the
one-way westbound nature of the roadway. A one-way sign could be installed on the
south side of the roadway, but may be occasionally be blocked by parked vehicles.
Parking along Gallante Lane could remain on both sides as angled parking. 90-Degree
parking is not recommended, as it can be difficult for motorists to see drivers along the
roadway. Parallel parking would reduce the amount of parking in the area, which is
heavily used during summer months.
12. The sidewalk along the south of the proposed driveway entrance should be relocated to
alignment with the sidewalk connection to the north of the entrance.
13. A commercial driveway entrance is required at all access points to public roadways per AV
Plate No. STR-4 or STR-5.
14. Provide pedestrian curb ramp per MNDOT standard detail plates at all driveway crossings.
15. Additional ROW or Sidewalk and Trail Easements are required for the additional sidewalk
along Fresco Terrace. Sidewalk shall be per City of Apple Valley Ring Route Standards.
16. SE corner of building is encroaching into drainage and utility easement.
17. Parking lot is encroaching into drainage and utility easements in the SW corner and SE
corner.
18. Removals plan should show all required patching of public roadways and sidewalks.
19. Site and landscape plan should show site line triangles at access entrances.
Grading, Drainage and Erosion Control
20. The City of Apple Valley Storm Water Management Plan shows public infrastructure on
the site (WVR-P440.2 and WVR-P440.3). A mitigation plan for the impacted storm water
basins should be provided. Public drainage contributes to these basins and future
stormwater management would be required to be public infrastructure.
21. Routing of storm water goes to WVR-P440.1 to the east of Foliage. The NWL, 100-year
HWL and EOF should be indicated on plan sheets for storm water pond and infiltration
basins.
22. Final Grading Plans shall be reviewed and approved by City Engineer.
23. Final Stormwater Management Plan shall be reviewed and approved by City Engineer.
24. Curb cuts and pretreatment devices should be considered for infiltration basin 2. This cell
should be the primary treatment of proposed parking lot.
25. Soil borings/testing shall be provided in the area of infiltration features prior to building
permit authorization.
Storm Sewer
26. Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans
and approved by City Engineer.
27. Provide storm sewer calculations for stormwater requirements. (Rational method including
Hydraulic grade lines).
28. Re-route outlet from Infiltration Basin 2. This should not be routed to underground
storage, but to infiltration basin 1.
29. Existing 24” RCP from Fortino should be relocated away from the infiltration basin 1
outlet to prevent short circuiting of basin.
30. Existing 21” RCP FES from WVR-P440.3 (infiltration basin 1) shall be removed.
31. An underground infiltration system construction and maintenance agreement will be
required as part of the development agreement.
32. Provide details of the proposed underground storm water system on the plans. Utility
plans should clearly show system layout to ensure light poles and other obstructions are
not in conflict.
Sanitary Sewer and Water Main
33. Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final
construction plans and approved by City Engineer.
34. All water mains located within right of way and public easements for purposes of
connection to public infrastructure shall be ductile iron pipe and meet all City standards.
35. 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.
36. Remove unused sanitary and water service to the main and indicate on plans.
Landcape and Natural Resources
37. Quantities and locations of trees should be indicated on plan to show diversity of species.
38. Restoration/Landscape plan should indicate required buffers and appropriate seed mixtures
for infiltration area, aquatic bench and upland areas associated with any stormwater basins.
39. Landscape plan should clearly indicate drainage and utility easements and property line.
40. No major tree plantings shall be located over any underground utilities. Clusters of trees
shall be used near or around these areas instead of planting in a row. The Drainage and
Utility Easement will require clearance around the underground utilities, or the
expectation that trees may have to be removed for access when needed.
41. Raingarden design and construction standards, plans, and details are incomplete for the
project at this time. The City would recommend following the guidelines of the Dakota
County LID Standards
(http://www.dakotaswcd.org/pdfs/Dakota%20LID%20Standards%20Revised%2002-09-
12.pdf) for construction and design as well as the Minnesota Storm water Manual.
a. Dakota County Soil and Water Conservation District may be available to suggest
alternative storm water practices for the site.
42. Raingardens generally need to remain offline until vegetation is established, which can be
more than a year for native plant seed mixes.
43. Provide cross section and detail for the proposed infiltration basins. Proposed elevations,
soil mix, plantings, etc.…should be clearly detailed.
44. The raingardens appear to currently be designed to >2.5’ deep. Soils maps show that the
soils on the property are likely C soils. The Minnesota Storm water Manual recommends
using an infiltration rate of 0.2”/hr. for C soils.
a. >2.5’ is too deep a depth to infiltrate in C soils within 48 hours as required by
state regulations. Raingardens should be no deeper than 6”-9” deep in C
soils. Raingardens shall be designed shallower and larger in area to meet state
infiltration requirements and city storm water requirements.
45. Pre-treatment is required prior to entering the raingarden. Rain Guardians have been
effective for this type of proposed storm water system.
46. The raingardens shall not be installed over any utilities.
BLOCK 10
Site
47. A commercial driveway entrance is required at all access points to public roadways per AV
Plate No. STR-4 or STR-5.
48. Provide pedestrian curb ramp per MNDOT standard detail plates at all driveway crossings.
49. Additional ROW or Sidewalk and Trail Easements are required for the additional sidewalk
along Fresco Terrace. Sidewalk shall be per City of Apple Valley Ring Route Standards.
50. NW, SW and SE corner of building is encroaching into drainage and utility easement.
51. Dog Run area is encroaching into drainage and utility easement.
52. Parking lot is encroaching into drainage and utility easements along Foliage Avenue.
53. An ISD 196 Fiber optic line exists along Foliage and should be located and indicated on
plans. Relocation to be coordinated by applicant.
54. Proposed retaining wall to parking garage will encroach into drainage and utility
easements. A detail for the proposed guard rail and fence is required.
55. Removals plan should show all required patching of public roadways and sidewalks.
56. Site & Landscape plan should show site line triangles at access entrances as well as on the
landscape plan.
57. Existing 8’ bituminous trail along west side of Foliage Avenue from 153rd Street to Fortino
shall be removed and replaced including pedestrian ramps in accordance with City of
Apple Valley Standards.
Grading, Drainage and Erosion Control
58. Final Grading Plans shall be reviewed and approved by City Engineer.
59. The City of Apple Valley Storm Water Management Plan shows public infrastructure on
the site (WVR-P440.2 and WVR-P440.3). A mitigation plan for the impacted storm water
basins should be provided. Public drainage contributes to these basins and future storm
water management would be required to be public infrastructure. Any onsite storm water
management as well as impacted public infrastructure should be denoted on the plans.
60. Routing of storm water goes to WVR-P440.1 to the east of Foliage. The NWL, 100-year
HWL and EOF should be indicated on plan sheets for storm water pond and infiltration
basins. Hydraulic calculations shall be approved by the City Engineer.
61. Final Storm water Management Plan shall be reviewed and approved by City Engineer.
62. Curb cuts and pretreatment devices should be considered for infiltration basin 3. This cell
should be the primary treatment of the proposed parking lot. Direct parking lot drainage to
infiltration basin for treatment prior to discharge to the storm water system.
63. Soil borings/testing shall be provided in the area of infiltration features prior to building
permit authorization.
Storm Sewer
64. Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans
and approved by City Engineer.
65. Provide storm sewer calculations for storm water requirements. (Rational method including
Hydraulic grade lines).
66. Provide detail for FES 1 which is shown through the retaining wall.
Sanitary Sewer and Water Main
67. Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final
construction plans and approved by City Engineer.
68. All water mains located within right of way and public easements for purposes of
connection to public infrastructure shall be ductile iron pipe and meet all City standards.
69. 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.
70. Remove unused sanitary and water service to the main and indicate on plans.
71. Additional 8” Gate valve is required at connection to water main along Foliage Avenue.
Landscape and Natural Resources
72. Restoration/Landscape plan should indicate required buffers and appropriate seed mixtures
for infiltration area, aquatic bench and upland areas associated with any storm water basins.
73. Landscape plan should clearly indicate drainage and utility easements and property line.
74. No major tree plantings shall be located over any underground utilities. Clusters of trees
shall be used near or around these areas instead of planting in a row. The Drainage and
Utility Easement will require clearance around the underground utilities, or the
expectation that trees may have to be removed for access when needed.
75. Raingarden design and construction standards, plans, and details are incomplete for the
project at this time. The City would recommend following the guidelines of the Dakota
County LID Standards
(http://www.dakotaswcd.org/pdfs/Dakota%20LID%20Standards%20Revised%2002-09-
12.pdf) for construction and design as well as the Minnesota Storm water Manual.
a. Dakota County Soil and Water Conservation District may be available to suggest
alternative storm water practices for the site.
76. Raingardens generally need to remain offline until vegetation is established, which can be
more than a year for native plant seed mixes.
77. Provide cross section and detail for the proposed infiltration basins. Proposed elevations,
soil mix, plantings, etc.…should be clearly detailed.
78. The raingardens appear to currently be designed to >2.5’ deep. Soils maps show that the
soils on the property are likely C soils. The Minnesota Storm water Manual recommends
using an infiltration rate of 0.2”/hr. for C soils.
a. >2.5’ is too deep a depth to infiltrate in C soils within 48 hours as required by
state regulations. Raingardens should be no deeper than 6”-9” deep in C
soils. Raingardens shall be designed shallower and larger in area to meet state
infiltration requirements and city storm water requirements.
79. Pre-treatment is required prior to entering the raingarden. Rain Guardians have been
effective for this type of proposed storm water system.
80. The raingardens shall not be installed over any utilities.
RESIDENT CORRESPONDENCE
OCTOBER 2017 DEVELOPMENT PLANS
From: [mailto: ]
Sent: Friday, December 01, 2017 2:22 PM
To: Murphy, Joan
Subject: Central Village
Hello,
Good to see some development in the Central Village area. I hope you'll be able to include mixed
use development and not just residential. There may be a limit to the amount of commercial the
city can utilize. A suggestion would be to somehow move the businesses in the Times Square
area to the Central Village and then redevelop Times Square (no idea how you'd make this
happen). Having a cool walkable downtown still seems very appealing.
Just my 2 cents.
Chris Elvrum
13580 Findlay Ave.
Apple Valley, MN 55124
From: K D [mailto:dahlface1@yahoo.com]
Sent: Friday, October 06, 2017 8:51 AM
To: Murphy, Joan
Subject: I don't understand
Good morning. Regarding Planned Development No. 739 south of Kelley Park.
As a home owner in Orchard Pointe for the past 16 years, I have seen a vast amount of development in this area,
beginning with Home Depot.
However, there are alot of things about this particular plan that I do not understand.
1. Why do you ask for input from the community AFTER construction has begun.
2. Why are you taking part of what is, or could be, Kelley Park (perhaps expand the park, not limit it)
3. I do understand the city's need for tax revenue but when is enough enough (or is there never enough).
4. Traffic volume, with 4 new apartment buildings plus a Co -op being erected in this area - it is bad now.
Thank you.
Kathryn Dahl
15265 Florist Circle
Apple Valley, MN 55124
From: Val Goering [mailto:valeriehasmail@yahoo.com]
Sent: Sunday, October 08, 2017 5:13 PM
To: Murphy, Joan
Subject: Apple Vally Notice of Hearing
To Whom it May Concern:
I live in the townhouses on 154th Street, between Foliage Avenue and Flagstaff. I am
against the building of any more apartments or condos in this neighborhood. In the last
year, several multiple family housing units have already gone up just to the west and
south and north of the area in the attached map. We do not need any more.
I am against building more units because it will limit the area of "green space"
surrounding the park. We will not be able to enjoy the park if all we can see are more
buildings.
Also, traffic is already busier because of the recent housing units that went up.
Sincerely,
Valerie Goering
6633 154th Street West
Apple Valley, MN 55124
Resident Correspondence
May 17, 2017 Planning Commission Meeting
From: Niels Schapochnicof [mailto:______]
Sent: Sunday, April 30, 2017 1:27 PM
To: Murphy, Joan
Subject: Public hearing
City Council,
My family and I live in Apple valley now for over 11 years and have enjoyed every minute of
it.
This city offers everything for a very high quality of life and makes it a perfect place to raise a
family for generations.
Today I received the notice about the hearing on May 17th about the proposed building site. To
be honest, this is something that really concerns me and my neighbors.
Over the past few years the city has approved and allowed residential buildings all over town.
We, as residents and parents, have noticed the changes.
First and foremost, schools are feeling the effect of increased housing. Classes sizes are
increasing by the year and not by one or two kids. This year, my son’s class have 5 kids more
than it should.
Traffic has increased and accidents are on the rise (just check police records). Kids are no
longer as save as they used to be in our streets. Too many distracted drivers as is, why increase
the risk?
With the number of houses built in past few years, home values have not gone up and most
places are turning in to rentals and affordable housing that can, and did, bring petty crime all
over town.
Our trees and landscape are dwarfing between large buildings and structures, creating narrow
streets and a downtown feel. That is not the reason people want to live here.
I understand progress and the need for capital, but some sacrifices are not worth and on the
long run people will suffer, our system will no longer be sufficient to support the amount of
residents. What will we do then? Pave parks for parking?
I will be attending the meeting along with many of mine neighborhood friends to discuss this
option and voice our concerns and make our objection heard.
From: K D [mailto:_____________]
Sent: Friday, May 05, 2017 8:56 AM
To: Murphy, Joan
Subject: Planned Development #739
Good morning. Regarding Planned Development #739 - 2 apartment buildings
I have lived on Florist Circle in AV since 2001 and have seen a great many changes in this area over the
years. From Home Depot to more townhomes and apartment buildings to pumpkin patches replaced with a hotel, a
park, restaurants and shops, to luxury apartments across from the park and on and on.
Don't get me wrong, these changes are not all bad, however, they have created an incredible increase in traffic on all
the affected streets in this area.
Now 2 new apartment buildings are already under construction next to Kelley Park, adding an additional 240 (to
possibly double that) vehicles to these streets around here.
Since construction is already underway, I assume it will continue no matter what the community has to say.
I would be interested to know what plans have been made to accommodate the additional people, vehicl es and
traffic.
Thank you.
Respectfully,
Kathryn Dahl
15265 Florist Circle
Apple Valley, MN 55124
952-953-3669
From: Dupont, Christine E [mailto:______________]
Sent: Friday, May 12, 2017 9:57 AM
To: Murphy, Joan
Subject: Planned Development No.739
I cannot attend the proposed meeting on Wednesday, May 17, but do want to voice my concerns.
I have recently purchased a town home on Founders Lane across from the Ecumen center. The reason I
did purchase was because there was no obstructed views and “5 floor buildings” obstructing the park and
I felt like I was more in a “family residential” setting than an Apartment MASSIVE MULTI LEVEL living
environment. By allowing them to put up these huge buildings, not only are you obstructing our view of
the park, but you CLOSING IN THE PARK, by the large apartments. You are adding more people in an
already highly congested area. You are increase the opportunities for crime and you are aesthetically
ruining the appealing side of Apple Valley as a community.
I don’t have a problem with a small 1 level retail setting like on Galaxie – to provide some new shops and
small restaurants to the area that will make it more appealing for those townhomes and apartments
already there, but by building and house so many apartments, it will ruin the landscape of the area and
take the park away from all of us homeowners in the townhome areas adjacent.
Why would you do that? Take away the one park we have. Not only that, if you put these huge unit
complexes there, the park will overflowing with people and ruined in no time. I will certainly move.
I don’t know how others feel, but I just moved here last August and I will move again based on what the
planning commission is allowing to happen to that land. I feel that land should be kept as a park and
expanding that park, not limiting it to make us a mini NY.
I’m only one voice, but I know others feel the same. You lower our property values considerably with this
plan as well.
One, not happy Apple Valley Citizen.
From: Val Goering [mailto:___________]
Sent: Monday, May 15, 2017 9:15 PM
To: ____________; Murphy, Joan
Subject: Re: Orchard Pointe Residents - Apple Vally Notice of Hearing
To Whom it May Concern:
I live in the townhouses on 154th Street, between Fo liage Avenue and Flagstaff. I am
against the building of any more apartments or condos in this neighborhood. In the last
year, several multiple family housing units have already gone up just to the west and
south of the area in the attached map.
I am against building more units because it will limit the area of "green space"
surrounding the park. We will not be able to enjoy the park if all we can see are more
buildings.
Also, traffic is already busier because of the recent housing units that went up.
Sincerely,
Valerie Goering
6633 154th Street West
Apple Valley, MN 55124
From: "____________" <_______________>
To: Valerie Goering <______________>
Sent: Friday, May 12, 2017 1:30 PM
Subject: Orchard Pointe Residents - Apple Vally Notice of Hearing
Please send all responses to eric.davison@associa.us
Orchard Pointe Residents,
There will be a public hearing for the proposed use of land west of Foliage Ave and
north of 153rd St for a 4 story apartment complex, as detailed in the attached notice and
map.
This meeting will be held on Wednesday, May 17th, 2017 at 7:00pm at the Municipal
Center, 7100 W. 147th Street.
Respectfully,
Eric Davison
Senior Community Manager
From: Jackie Black [mailto:___________]
Sent: Wednesday, May 17, 2017 11:59 AM
To: Murphy, Joan
Cc: Jackie Black
Subject: Amendment Meeting 5/17/2017
I had planned on attending the meeting this evening regarding the proposed mix use development
around Kelley Park in Apple Valley. However, I will not be able to attend.
I wanted to send in the following, in hopes that the planning commission might consider a few
different options for that space.
Planning Commission,
Apple Valley is a very desirable location in which to reside, I myself have lived in Apple Valley
for 8 of the last 10 years, all within the area south of 42, north of 160th and between Flagstaff
and Foliage.
Kelley Park is a "stones throw" from my current residence in the Orchard Point development.
Considering the already high density of town homes, apartments, and condos in the area, all with
little to no "yard" space. I respectfully urge the planning commission to not approve the proposed
spaces for additional apartment style dwellings. I've listed below my personal opinions on
different options for that space that would lead to a greater community!
What would I like to see happen in these lots instead of apartment buildings?
Dog park
o the nearest dog park to this area is 3.6 (Alimagnet Dog Park) miles away,
considering the style of homes in the area (townhome and apartments) having the
option to take pets to a close by open space would increase peoples community
satisfaction. I live in a townhome where I'm required by law and Association rules
to keep my dog on a leash at all times. It would be so nice if I could walk across
the street /down the block to a dog park and let her run! In fact, in my townhome
development alone, I would argue that 50% of residents own a dog.
o Having a dog park in the community would offer an opportunity for the local
residents to get to know each other. Dogs cross cultural and demographic barriers
Expanded picnic/shelter areas
o Kelley Park is a very busy place in the Spring, Summer and Fall. Most often when
I am walking around the park area during those months, you see families that
don't have a table to place there picnic lunch, or a sheltered area to keep them out
of the sun. While there is a smaller sheltered area, I believe the traffic to the park
requires additional shelters and picnic tables.
Community garden
o Much like my argument for a dog park, there is a great opportunity to increase
community satisfaction by creating a community gardening space. Again, given
they style of homes in the area, no one is able to or has ample enough space to
plant a vegetable garden or grow flowers.
o Having the ability to garden and grown food can also contribute to tackling the
issue of "food insecurity" that is happening in Dakota County. An estimated 13%
of children in Dakota County are food insecure. What if by developing a
community gardening space, families and children were able to economically
grown nutritious food options? 8% of the total population of Dakota County is
food insecure, that's more than 32K people!
o Link to document:
https://www.co.dakota.mn.us/Government/publiccommittees/CHA/Documents/N
utrition.pdf
Other options for this space:
Prairie Restoration/Preservation
Skate Park
larger play ground area
better parking (off street) for park visitors
Gazebo
Water Pond (rain water filtration)
In the neighborhoods immediately surrounding Kelley Park, this open space is invaluable. It
offers the opportunity to get a breath of fresh air, take a walk, enjoy the sun or watch the
sunsets.
There is so much development happening in Apple Valley, and it's only increased in the last 2
years, I kindly request that the planning commission not approve the development of additional
apartment buildings, but consider alternative options that will better reflect the needs of the area
and increase community pride and satisfaction.
I am available to discuss the above further if needed.
Best,
Jackie Black
15329 Flower Way
651-321-8808
____________
From: Elizabeth Sullivan [mailto:_____________]
Sent: Friday, May 26, 2017 1:40 PM
To: Murphy, Joan
Subject: PD-179
Hi,
My name is Elizabeth Sullivan, I am a lifetime Apple Valley resident and recent property owner
in the legacy townhomes development near PD-179. I apologize that this is a bit late, and realize
that at this point my comments may not matter as the meeting was last week regarding this, but
the letter notifying me of the public hearing got lost in the bustle and I only just read it yesterday.
Unfortunately I have to say that I am extremely disappointed in the way that this area of Apple
Valley has begun to be developed.
When I bought my home over a year ago, word on the street was that this area of Apple Valley,
referred to as the "Central Village" was planned to be a development that would attract young
professionals and young families out of Minneapolis, by providing a similar experience in a
suburban environment.
As one of these young professionals, I had high hopes for an area that would include Kelley
Park, and that would eventually include more apartments yes, but include more developments
like the legacy shops (which includes Panino Brothers). Something like what Maple Grove has
done with their shops at arbor lakes, which have parks and apartments within walking distance of
the shops and unique restaurants and bars. This walkability is a quality that attracts people to the
Uptown area of Minneapolis in droves.
Seeing that more Parkside apartments are currently going in on the lot off Galaxie, and that they
are advertising themselves on their website as a way to experience city life in the suburbs, it was
then all the more disappointing to learn that not only are more apartments going in in blocks 9
and 10, but that the new PD-179 on block 10, is going to have an indoor park instead of the
possibility of unique bars, restaurants, and shops, all within walking distance, that might have
actually made the "Central Village" a place that people would want to spend their time in.
Upon learning this I could only conclude that either A, Apple Valley has abandoned that original
plan for a destination central village, or B. They severely misunderstand what people enjoy about
living in the city.
My demographic (even, or from what I have witnessed, especially those who live in areas like
Apple Valley) typically travel out in the evenings/weekends into places like uptown
Minneapolis, for the variety of walkable bars and unique non chain restaurants. Something I had
hoped to experience a bit of in this proposed central village, to enjoy the walkable nature of a
place like uptown, without the hustle and bustle of the city. Most importantly from the
perspective of the city, many of us seek a way to remain (i.e spend our money) in the area on the
weekends, but have yet to find an experience similar enough to draw us back in.
Apple Valley had the opportunity to create a wonderful space surrounding Kelley Park, in which
seniors, families, and young professionals could all find things to enjoy. Instead, it appears to be
shaping up only to be a "Central Village" in the fact that it is centrally located, and has the
highest density of residents.
My apologies if that was blunt, but I felt it was important to explain the disappointment I, and
many of my fellow residents are feeling, that this area is being robbed of it's potential to be a true
destination within Apple Valley.
--
Elizabeth Sullivan
Apple Valley Relay For Life -
Event Co-Lead
Email: ________
Phone: 952-240-0444
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PMH-09PMH442PMH-09PMH1505PMH-09PMH2082153RD ST W152ND ST WFORTINO STFOLIAGE AVEGALAXIE AVEG A L A N T E L NFOUNDERSLNFONTANA TRLFOUNDERSLNFRESCO TERFLORIST CIRFLOWERWAYFRESCO TERG A L A X I E A VE153RD ST WFLORISTCIRABNPARKSIDE VILLAGESEASONS AT APPLE VALLEYLEGACY COMMON PARKINGENJOY! (RESTAURANT)This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. Check with DEA Land Use Manager to verify specific site locations are within DEA Service Territory. This drawing is to be used for reference purposes only. Dakota Electric Association is not responsible for any inaccuracies herein contained. For location of buried cable call Gopher State One Call @ 1-800-252-1166 or 651-454-0002.12/5/2017Date plotted:knudsenbyMap No.:B2-34-ACT115N R20W S34Twp.:Dakota Electric±0 75 150 225 30037.5Feet
12/28/2017
1
Bigos Kelley Park
Phase III
City Council Meeting December 28, 2017
Requested Actions
a.Amendments to PD-739
b.Site Plan/Building Permit authorization
for construction of:
•61-unit apartment building on Block
9, Legacy of Apple Valley North
•114-unit apartment building on Block
10, Legacy of Apple Valley North.
12/28/2017
2
Location Map
Block 9 Block 10
Comprehensive Plan
12/28/2017
3
Zoning Map
PD-739 Amendments
Requested
Summary of Requested Amendments to PD-739:
•Allow reduced building setbacks:
Fresco Terrace 15’ to 10’.
Fortino Street 15’ to 10’.
Foliage Avenue 15’ to 10’.
•Use extra garage parking spaces to make up for surface
parking shortfall on Blocks 9 & 10.
•Allow reduced parking stall length (from 20’ to 19’ & 18’) in
lower level garage.
•Allow compact parking stalls in the lower level garage on Block
10 from 9’ x 20’ to 8.5’ x 18’.
•Use of metal panels for exterior building material.
12/28/2017
4
Overall Site Plan – Blocks 9 and 10
Block 9
Block 10
Site
Block 9
12/28/2017
5
Block 9 Site Plan
Block 9 Grading Plan
12/28/2017
6
Block 9 Utility Plan
Block 9 Landscape Plan
12/28/2017
7
Block 9 Floor Plan Garage
Block 9 Elevations
12/28/2017
8
Block 10
153rd Street Foliage Ave Site
Block 10
Block 9
Block 10 Site Plan
12/28/2017
9
Block 10 Enlarged Outdoor
Community Area
Block 10 Grading Plan
12/28/2017
10
Block 10 Utilities Plan
Block 10 Landscape Plan
12/28/2017
11
Block 10 Floor Plan - Garage
Block 10 Elevations
12/28/2017
12
Block 10 Elevations
Building Rendering Block 9
153rd Street
12/28/2017
13
Building Rendering Block 10
Fortino
Summary Issues Discussed
1.Will apartment residents have enough parking spaces so
that they don’t impact Kelley Park?
2.Block 10 site plan proposes to use garage spaces to make up
for shortfall of surface spaces. What will ensure residents
will use them?
3.There is heavy parking demand during Music in Kelley Park
and Oktoberfest events.
4.Vacation of existing D/U easements and rededication of
easements will be needed.
5.Final plat needed for Block 10. Depending on how ponds
reconfigured, may need to have Block 9 replatted as well.
6.Show how buildings relate to Fresco Terrace.
7.In what way is this development sustainable?
12/28/2017
14
Fresco Terrace Renderings
Fresco Terrace Renderings
12/28/2017
15
Fresco Terrace Renderings
Easement Vacation Request
Block 9
12/28/2017
16
Easement Vacation Request
Block 10
Recommended Action
1.Hold public hearing to consider vacation of drainage and
utility easements.
2.Pass ordinance amending PD-739. (Recommend waiving
second reading).
3.Adopt resolution with conditions approving Site
Plan/Building Permit Authorization for a 61-unit apartment
building on Block 9 and a 114-unit building on Block 10,
Legacy of Apple Valley North.
12/28/2017
17
Questions?
2040 Comp Plan Excerpts
(Draft)
12/28/2017
18
2040 Comp Plan Excerpts
(Draft)
2016 American Community
Survey
79%
21%
City of Apple Valley
Housing Units by Tenure (Own Vs. Rent)
Owner Occupied
Renter Occupied
12/28/2017
19
Housing Unit by Tenure
Peer Communities
Apple Valley Burnsville
Eagan Lakeville
Owner
Occupied
79% 64% 69% 87%
Renter
Occupied
21% 36% 31% 13%
12/28/2017
20
Planning Commission Recommendation
•Recommend approval of a draft ordinance amending PD-739 related to
setbacks, parking stall dimensions, number of parking stalls and exterior
building materials, subject to execution of a development agreement
and planned development agreement and the six conditions stated in
the staff report.
1.Park dedication shall be a cash-in-lieu of land dedication.
2.A license to encroach agreement shall be executed for the private
improvements that encroach into City drainage and utility easements.
3.A Private Installation and Maintenance Agreement shall be executed for
the long-term maintenance and functioning of storm water
retention/infiltration basins and structures.
4.The City Engineer shall determine whether a public or private project will
be used to remove, relocate and/or reconstruct existing public services on
the sites. A Private Installation Agreement shall be executed for any
private work conducted on public infrastructure.
5.Drainage and utility easements shall be dedicated for the relocated storm
water infiltration basins, subject to final approval of location by the City
Engineer.
6.A restricted Access Easement shall be dedicated along Foliage Avenue.
Planning Commission Recommendation
Recommend approval of Site Plan/Building Permit Authorization for a
61-unit apartment building on Block 9 and a 114-unit building on Block
10, subject to compliance with all City Codes, and the following
conditions:
1.Site plan/building permit authorization is subject to the approval of
amendments to PD-739 and execution of a Planned Development
Agreement.
2.Site plan/building permit authorization for Lots 1 and 2, Block 10, is
subject to approval of a final plat to combine the two lots into a
single lot.
3.Site plan/building permit authorization is subject to approval of
vacation of existing drainage and utility easements and dedication of
new easements on Blocks 9 and 10, The Legacy of Apple Valley
North, as approved by the City.
4.A lighting plan shall be submitted at the time of application of the
Building Permit subject to review and approval by the Planner.
12/28/2017
21
Planning Commission Recommendation
5.No sign approval is given at this time. A separate sign permit must be
obtained prior to the installation of any signs on the site.
6.The owner shall submit a nursery bid list at the time of application of
the building permit that confirms the value of the landscape plantings
meet or exceed 2-1/2% of the value of construction of the building
based on Means Construction Data. Landscape material may include
plant materials, underground irrigation systems, public art, fountains,
decorative paving, and other outdoor common area elements that
create an enhanced sense of place and foster positive social
interaction.
7.Minor modifications to the site plan may be required as a result of the
findings of the Traffic Impact Study, subject to final review and
approval by the City Council.
8.Minor modifications to the site plan may be required to address the
outstanding storm water management issues, subject to final review
and approval by the City Council.
9.The plans shall be revised to address the issues identified in the City
Engineer's November 29, 2017, memo.
10.The plans shall be revised to address the issues identified in the
Building Inspector's August 28, 2017, memo.
12/28/2017
22
Parkside Village Area
Legacy North, 2004 Approved Plan
Legend
Residential
Commercial
Mixed Use
12/28/2017
23
Fresco Terrace Office Building
Plan Comparison
2004 Approved Plan Parkside Village
Residential Units Residential Units
Senior Apartments 248 Parkside Village Gabella 198
Townhomes 96 Parkside Village Galante 134
Galaxie Apartments 162 Bigos Phase III – Block 9 61
Bigos Phase III – Block 10 114
Total 506 507
2004 Approved Plan Parkside Village
Commercial Sq. Ft. Commercial Sq. Ft.
2-Story Office Fresco
Terrace
75,840 Neighborhood Retail 10,000 –
15,000
1st Floor Retail Galaxie 64,800
Foliage Town Offices 81,200
Total 221,840 15,000
12/28/2017
24
Public Hearing Comments
Parking
1.How is parking calculated for the Live-Work units?
2.Please discuss strategies for promoting use of
underground parking spaces. Is a surplus of
underground spaces sufficient to offset the on-street
parking shortfall? Bigos.
3.Concern about popularity of Kelley Park and significant
parking demand for Music in Kelley Park and
Oktoberfest events. During some of the busiest times,
some cars are parking on grass during Music in Kelley
Park events.
4.What are some strategies for ensuring that there is
sufficient parking available for users of Kelley Park?
Could the City place time limits on parking?
12/28/2017
25
Public Hearing Comments
Building Massing
6.Please provide renderings that show how the buildings will relate
to Fresco Terrace. Bigos.
7.Buildings are being constructed 10’ away from the sidewalks. Are
these livable units? What about pollution and noise? Thinks
larger setbacks are needed.
Sustainability
8.In what ways will this development be sustainable? Bigos.
Development Features
9.Block 9 has no pool or outdoor patio area. How will that be
addressed?
10.Why are only one- and two-bedroom units proposed in these
buildings? Wouldn’t the location be great for families?
Public Hearing Comments
Mixed Use
11.Does the live-work area meet the requirements for mixed-use
development?
12.Does the overall development meet the vision of mixed-use for
this area?
Application Review Process
13.The plan is incomplete if the City Engineer is requesting revisions
to the plan.
Noise
14.Will the rooftop decks create noise at night? How will the outside
activity impact adjacent properties? Will the pool area activity
negatively impact adjacent properties? Bigos.
Property Values
15.Concern that this development will result in decreased property
values.
I T E M: 7.
C O UNC I L ME E T I NG D AT E:December 28, 2017
S E C T I O N:Calendar of Upcoming Events
Description:
Approve Calendar of Upcoming Events
Staff Contact:
Stephanie Marschall, D eputy City Clerk
Department / Division:
City Clerk’s Office
AC T IO N RE Q UE S T E D :
Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is
hereby deemed a Special Meeting of the C ity Council.
S UM M ARY:
Day/Date Time Location Ev ent
Mon./Dec. 25 City Offices C losed Christmas Holiday
Tue./Dec. 26 City Offices C losed Christmas Holiday Floater
T hur./Dec. 28 6:00 p.m.Municipal C enter ED A Meeting - C A N C ELLED
T hur./Dec. 28 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Mon./J an. 1 City Offices C losed New Year’s Day
T hur./J an. 4 7:00 p.m.Municipal C enter Parks & Recreation Advisory
Committee Meeting
Wed./J an. 10 7:00 p.m.Municipal C enter Traffic Safety Advisory Committee
Meeting
T hur./J an. 11 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting
T hur./J an. 11 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Sat./J an. 13 5:00-9:00 p.m.Valleywood C lubhouse Apple Valley Arts Foundation Frozen
Apple C oncert Series
Mon./J an. 15 City Offices C losed Martin Luther King J r. Day
Tue./J an. 16 2:00 p.m.Municipal C enter Cemetery Advisory Committee
Meeting
Wed./J an. 17 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
Wed./J an. 17 7:00 p.m.Municipal C enter Planning Commission Meeting
Tue./J an. 23 6:00 p.m.Municipal C enter Special Informal C ity Council Meeting
with Planning Commission
T hur./J an. 25 4:30 p.m.Image360 Chamber Business After Hours
T hur./J an. 25 6:00 p.m.Municipal C enter ED A Meeting
T hur./J an. 25 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Fri./J an. 26 6:00-10:00 p.m.Apple Valley Senior
Center
City of Apple Valley Employee
Recognition Event
B AC K GRO UND :
Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social
gathering. Only at events marked with an asterisk will any action of the Council take place.
B UD GE T IM PACT:
N/A