HomeMy WebLinkAbout03/28/2019 Meeting
M eeting L ocation: M unicipal C enter
7100 147th S treet West
Apple Valley, M innesota 55124
March 28, 2019
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 March 14, 2019, Regular Meeting
B.Receive Parks and Recreation Department 2018 A nnual Report
C .Receive Parks and Recreation Advisory C ommittee 2018 Annual Report
D.Receive Planning C ommission 2018 Annual Report
E.Receive Telecommunications Advisory Committee 2018 Annual Report
F.A pprove Continuation of C ommission/Committee Recognition Program
G.A dopt Resolution Approving Delegation of Authority for Paying C laims
H.C ontinue Consideration of Springs at Cobblestone Lake Sign Setback
and Height Variance Request, at 15899 Elmhurst Lane, to April 25,
2019 (Tabled f rom March 14, 2019)
I.A dopt Resolution Designating Evermoor Parkway a Municipal State Aid
Street from Diamond Path (C SA H 33) to Eastern C ity Limit (C ity of
Rosemount)
J .A dopt Resolution Amending Parking Restrictions along a Portion of
Baldwin Drive
K.A dopt Resolution Approving Plans and Specifications for Project 2018-
133, C obblestone Manor (A L-P3) Stormwater Improvements for
A limagnet Lake, and Authorizing Advertising for Receipt of Bids, at
10:00 a.m. on April 23, 2019
L.A dopt Resolution Approving Plans and Specifications for Project 2018-
134, Sunset Pond (A L-P8) Stormwater Improvements for Alimagnet
Lake, and Authorizing A dvertising for Receipt of Bids, at 10:00 a.m. on
A pril 23, 2019
M.A dopt Resolution Awarding Agreement for Project 2019-101, 2019
Street and Utility Improvements
N.A dopt Resolution Awarding Agreement for Project 2019-114, Family
A quatic C enter Pool Shell Repair
O.A dopt Resolution Awarding Agreement for Project 2019-121, Lebanon
C emetery Boundary Fence
P.A pprove First Amendment to J oint Powers Agreement with Dakota
C ounty and the Cities of Apple Valley, Burnsville, Eagan, and Lakeville
d/b/a Dakota Valley Recycling for 2019 Waste Abatement C ommunity
Funding
Q.A dopt Resolution Approving J oint Powers Agreement with State of
Minnesota for Minnesota Internet Crimes Against C hildren (IC A C ) Task
Force
R.A pprove J oint Powers A greement with Dakota C ounty for 2019
Sentence to Service (ST S) Program Work C rews
S.A pprove Agreement with MT I Distributing, Inc., for Lease-to-Own
Mowers for Valleywood G olf C ourse
T.A pprove Change Order No. 1 to Agreement with Pro-Tec Design, Inc.,
for C entral Maintenance Facility Security C amera System
U.A pprove Change Order No. 1 to Agreement with Pro-Tec Design, Inc.,
for Valleywood Security C amera System
V.A dopt Resolution Amending 2019 Pay and Benefit Plan
W.A pprove Personnel Report
X.A pprove Claims and Bills
5.Regular Agenda Items
A.A dopt Resolution Addressing Operation and Improvement of Pickleball
C ourts Located at Hayes Park
B.Pass Ordinance Amending C hapter 155 of the C ity C ode, Regarding
Building C onstruction Standards, Fences, and Accessory Structures
(Recommend waiving second reading)
C .Pass Ordinance Amending C hapter 154 of the C ity C ode, Regarding
Signs Allowed in "A" (A gricultural) Zoning Districts (Recommend
waiving second reading)
D.Pass Ordinance Amending C hapter 154 of the C ity C ode, Regarding
D igital Signs (Recommend waiving second reading)
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and
on the C ity's website at www.cityof applevalley.org
I T E M: 4.A .
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Minutes of March 14, 2019, Regular Meeting
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve the minutes of the regular meeting of March 14, 2019.
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
March 14, 2019
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held March 14, 2019, at 7:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and
Hooppaw.
ABSENT: None.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Police
Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance
Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire
Chief Russell, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge
of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight’s meeting, as
presented. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda. No one requested to speak.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Hooppaw, seconded by Goodwin, approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Hooppaw, seconded by Goodwin, approving the minutes of the regular meeting
of February 28, 2019, as written. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2019-34 accepting,
with thanks, the donation of $100.00 in gift cards from William Swanstrom for use
by Public Works and Park Maintenance Divisions. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2019
Page 2
MOTION: of Hooppaw, seconded by Goodwin, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to BV Unit Soccer Club, for
use on June 22, 2019, at the Apple Valley Teen Center, 14255 Johnny Cake Ridge
Road, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Minnesota Section
American Water Works Association, for use on April 13, 2019, at Bogart’s
Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for
State approval. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, approving the letter of support for preferred
Option Two for Minnesota after USDA Deregulation of Emerald Ash Borer, as
attached to the Natural Resources Coordinator’s memo, and authorizing the Mayor
to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, continuing consideration of the Springs at
Cobblestone Lake sign setback and height variance request until March 28, 2019.
Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, waiving the procedure for a second reading
and passing Ordinance No. 1056 amending Chapter 97 of the City Code, regarding
utility service facilities right-of-way management regulations. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2019-35 approving
plans and specifications for Project 2019-103, 2019 Micro Surfacing, and
authorizing advertising for receipt of bids, at 10:00 a.m., on April 16, 2019, via a
posting on the City’s website and Quest Construction Data Network. Ayes - 5 -
Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2019-36 approving
plans and specifications for Project 2017-109, Johnny Cake Ridge Road
Improvements, and authorizing advertising for receipt of bids, at 10:00 a.m., on
April 9, 2019, via a posting on the City’s website and Quest Construction Data
Network. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, approving the purchase of Motorola APX-
6000 800 MHz encrypted portable radios for the Police Department, in the amount
of $310,473.75, as described in the Police Captain’s memo. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, approving the Grant Agreement with the
Minnesota Board of Water and Soil Resources for Johnny Cake Ridge Road
Phosphorus Reduction BMP Retrofit, in the amount of $300,000.00, as attached to
the Natural Resources Coordinator’s memo, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2019
Page 3
MOTION: of Hooppaw, seconded by Goodwin, approving the Grant Agreement with the
Minnesota Board of Water and Soil Resources for Metro Watershed Based Funding
toward the expansion and improvement of Redwood Pond, in the amount of
$114,890.00, as attached to the Natural Resources Coordinator’s memo, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, accepting Asset Management Implementation
Services and Asset Management Hosting and Support Services as complete and
authorizing final payment on the agreements with Cartegraph Systems, LLC, in the
amount of $19,142.50. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, approving the personnel actions as listed in
the Personnel Report dated March 14, 2019. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, to pay the claims and bills, check registers
dated February 20, 2019, in the amount of $862,014.93, and February 27, 2019, in
the amount of $835,431.27. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
FIRE CHIEF OATH OF OFFICE
Mr. Lawell introduced Charles (Chuck) Russell who was promoted to the position of Fire Chief as
part of the personnel actions earlier this evening. The City Clerk administered the oath of office to
Fire Chief Russell. Fire Chief Russell’s wife then pinned his badge. The Council congratulated
Fire Chief Russell on his new position.
FIRE FIGHTERS OATHS OF OFFICE
Fire Chief Russell introduced the four Firefighters from the Class of 2017. The City Clerk
administered the oath of office to Firefighters Jonathon Aldrich, Luca Demmers, Gabriel Ehrman,
and Patrick Magras. Individuals selected by each Firefighter then pinned their badge. The
Council congratulated the Firefighters and welcomed them to the Fire Department.
Mayor Hamann-Roland called a five-minute recess at 7:15 p.m.
Mayor Hamann-Roland resumed the meeting at 7:20 p.m.
APPLE VALLEY SQUARE 6TYH ADDITION PRELIMINARY PLAT
Mr. Sharpe reviewed the request by TLM Realty, LLC, for approval of a preliminary plat to create
a 22,690 sq. ft. lot in front of the Burlington Coat Factory and Aldi at the Apple Valley Square
site. The Planning Commission held a public hearing on the preliminary plat and voted
unanimously to recommend approval.
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2019
Page 4
Discussion followed.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2019-37 approving
the preliminary plat of Apple Valley Square 6th Addition, with conditions as
recommended by the Planning Commission.
Discussion continued.
Vote was taken on the motion: Ayes - 5 - Nays - 0.
URBAN AFFAIRS ADVISORY COMMITTEE VACANCY
Ms. Gackstetter reviewed her memo listing applicants for the Urban Affairs Advisory Committee
vacancy.
The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Ann
Arens, Anthony Contino, Joel Engel, David Gugino, Milo Holsten, Jamison Kortas, and Hue
Nguyen. There being no further nominations, the Mayor declared the nominations closed.
MOTION: of Grendahl, seconded by Goodwin, accepting the seven nominations for Urban
Affairs Advisory Committee and amending the previously adopted appointment
process to reduce the number of candidates by selecting two fewer candidates than
total names appearing on the ballot for the first round of voting. Ayes - 5 - Nays -
0.
The City Clerk prepared ballots and the City Attorney distributed them to the Council who were
asked to each select five names from the seven nominees. After selections were made, they were
tallied and the City Attorney announced that six names remained.
MOTION: of Grendahl, seconded by Hooppaw, amending the appointment process to reduce
the number of candidates by selecting two less than the total number of names
appearing on the ballot for the second round of voting. Ayes - 5 - Nays - 0.
The City Clerk prepared ballots and the City Attorney distributed them to the Council who were
asked to each select four names. After selections were made, they were tallied and the City
Attorney announced that five names remained.
MOTION: of Grendahl, seconded by Bergman, amending the appointment process to reduce
the number of candidates by selecting two less than the total number of names
appearing on the ballot for the third round of voting. Ayes - 5 - Nays - 0.
The City Clerk prepared ballots and the City Attorney distributed them to the Council who were
asked to each select three names. After selections were made, they were tallied and the City
Attorney announced that three names remained.
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2019
Page 5
MOTION: of Grendahl, seconded by Bergman, amending the appointment process to reduce
the number of candidates by selecting one less than the total number of names
appearing on the ballot. Ayes - 5 - Nays - 0.
The City Clerk prepared ballots and the City Attorney distributed them to the Council who were
asked to each select two names. After selections were made, they were tallied and the City
Attorney announced that two names remained.
The City Clerk prepared ballots and the City Attorney distributed them to the Council who were
asked to each select one name. After selections were made, they were tallied and the City
Attorney announced that Ann Arens received the majority of votes.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-38 appointing
Ann Arens to the Urban Affairs Advisory Committee for a term expiring March 1,
2021. Ayes - 5 - Nays - 0.
Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the
position.
During the counting of the votes, Mr. Saam provided information on the City’s tree sale and catch
basins, and Mr. Hedberg provided information on the City’s water meter replacement program.
COMMUNICATIONS
Mayor Hamann-Roland thanked staff for their efforts in clearing snow, ice, and now water from
frozen catch basins and streets.
Mr. Bernstein invited the public to the last “Frozen Apple” concert at Bogart’s Entertainment
Center On March 16, 2019, from 6:00 p.m. to 9:00 p.m.
Mr. Lawell reminded residents applications are being accepted through March 29, 2019, for the
Parks and Recreation Advisory Committee vacancies.
Mr. Saam announced the City recently learned it was awarded a Safe Routes to School Grant.
CALENDAR OF UPCOMING EVENTS
MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events as
included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2019
Page 6
The meeting was adjourned at 8:01 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:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
Receive P arks and R ecreation D epartment 2018 Annual Report
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:
Receive the 2018 Annual Report of the A pple Valley Parks and Recreation Department.
S UM M ARY:
Attached please find the Apple Valley Parks and Recreation Department’s 2018 year-
end Annual Report. T he report includes accomplishments, statistics, highlights, and photos of
the Parks and Recreation activities from J anuary 1 through December 31, 2018.
B AC K G RO UND :
2018 was a busy year for Parks and Recreation. Staff has compiled many of the highlights
into the year-end report for C ouncil review.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R eport
INSIDE
Parks &
Recreation
Advisory
Committee
3
Financials 4
Park
Maintenance 6
Recreation 8
Arena
Operations 12
Valleywood Golf
Course 14
Adult
Athletics 16
Senior Center
18
Parks & Recreation
Department
2018 Year-End Report
www.cityofapplevalley.org 952-953-2300
J A N U A R Y —D E C E M B E R 2 0 1 8
2018
Accomplishments:
The Arenas installed
LED lighting
upgrades at both
arenas to increase
operational
efficiency and
improve customer
experience
Valleywood Golf
Course entered into
a partnership with
Roasted Pear
restaurants and
catering to run the
daily F&B operation
as well as to be the
exclusive caterer for
outings and events.
Valleywood Wildlife
Updated 3-21-19
P A G E 2
MESSAGE FROM THE DIRECTOR
STAFF
Director: Barry Bernstein
Parks Superintendent:
Mike Endres
3 Foremen
5 Tech Specialists
8 Maintenance I/II
Variable Hour and Temporary
Employees
Recreation Manager:
Susan Muelken
4 Recreation Supervisors
2 Maintenance II
1 Part-Time Custodian
2 Part-Time Bldg. Supervisors
Variable Hour and Temporary
Employees
Arena Manager:
Brian Christianson
1 Foreman
Variable Hour and Temporary
Employees
Golf Course Manager:
Jim Zinck
1 Food & Beverage
Coordinator
2 Foremen
Variable Hour and Temporary
Employees
Administrative Coordinator:
Dorene Perkins Monn
2 Part-Time Clerical Assistants
One of the major accom-
plishments I wish to
highlight is the completion
of the Cobblestone Lake
Park. The ring park
encircles the Cobblestone
development pond, and
now is served with a
beautiful park shelter build-
ing available to rent for any
function, as well as a
restroom building. Outside
of some additional land-
scaping, this shelter will be
available to Apple Valley
residents in 2019. Another
major accomplishment was
to examine our parks and
recreational system via the
park master planning
process. The City exam-
ined its parks and leisure
service delivery by
completing a 2040 Master
Plan.
The Parks and Recreation
Department is gearing up
for another very busy 2019.
I wish to invite any resident
Wow, did 2018 fly by or
what? Within the Parks
and Recreation Depart-
ment, we accomplished
many tasks as well as
replaced some personnel
whom retired. As always,
the Parks and Recreation
Department attempts to
exceed all expectations
while being transparent and
maintaining our fiduciary
responsibility.
In 2018, Mike Endres
replaced long time Park
Superintendent Tom
Adamini. Mike is taking on
several projects and tasks
for the betterment of the
park system and our Apple
Valley residents. This is no
small task with approxi-
mately 1000 acres of park
land, 90 miles of trails, 56
play structures, 20 park
buildings, 54 parks, and a
countless number of items
and features within each
park.
whom may have a question
or comment regarding
parks, trails, services,
facilities, or any other
question regarding leisure
orientated issues, feel free
to contact the Parks and
Recreation Department.
I hope you find the
information in the Parks
and Recreation Depart-
ment’s year-end report to
be informative and useful.
I wish to say thank you to
our many volunteers,
visitors, residents, and
volunteer projects that took
place in 2018.
Thank you!
Barry
Bernstein
Director,
Parks and
Recreation
J A N U A R Y —D E C E M B E R 2 0 1 8
PARKS & RECREATION ADVISORY COMMITTEE
P A G E 3
The Parks and Recreation Advisory
Committee (PRAC) is an appointed
committee of the City Council of
volunteer citizens. The purpose of the
PRAC is to advise and make
recommendations to the City Council
concerning parks, recreation, open
space, and trail issues. In addition, the
PRAC provides input to City staff,
acting as an advisory board on commu-
nity interests concerning recreation and
parks.
ORGANIZATION
The PRAC consists of seven (7)
members. The members are appointed
by the City Council for three (3) year
terms. The Chairperson and Secretary
are elected annually by the committee
members at an “organizational meeting”
typically held in March. Meetings are
held the first Thursday of January,
March, May, September, and Novem-
ber, with additional meetings called as
needed throughout the year.
MEMBERS’ ROLE
The PRAC’s work covers a broad range
of issues which must be acted upon in
a timely manner. Occasionally, the
formation of “task force” or “study
groups” becomes necessary to look into
or work further on more complex
issues. Participation in these groups
is voluntary.
PARK DEDICATION
The City has enacted an ordinance
under Minnesota law which grants a
community the authority to receive land
or cash in lieu of land for purposes from
residential and commercial/industrial
developers. This dedication is set
depending on the size of the proposed
development and whether it is a
residential or commercial/industrial
development. If the amount of land is
not sufficient to support a park, a cash
dedication is accepted. The amount of
the cash dedication is based on the
type of residential or commercial/
industrial unit. The Committee annually
reviews dedication funds. The cash
collected goes into a fund for purchase
and/or development of parks through-
out the community.
COMPREHENSIVE PLAN GUIDE
Required by the Metropolitan Council,
the City maintains a “Comprehensive
Guide Plan” for the city. One segment
of the plan includes parks. Neighbor-
hood service areas are defined to help
determining what park needs might be
for each portion of the City. A complete
copy of the Plan is available on the
City’s web site at www.ci.apple-
valley.mn.us.
2018 MEETINGS
Meetings were held January 4,
March 1, May 3, July 19, September 6,
and November 1. Regular meetings
were held in the Municipal Center’s
Council Chambers and video broadcast
on Charter Communication Cable
Channel 180 starting at 7:00 p.m.
Informal meetings were held at 6:00
p.m. in the Municipal Center’s Regent
Conference Room prior to each
Regular meeting.
ITEMS OF DISCUSSION INCLUDED:
Introduction of New Park Superintendent
Teen Center
Pickleball
Cobblestone Lake Park—Northwest
Cortland Development Park
Naming - Embry Path Park
Land Purchase Inquiry -
Hope Church Property
2040 Comprehensive Plan
Quarry Point Field #4
Valleywood Food & Beverage
Cobblestone Lake Park -
Interpretive Sign
Kelley Park Redesign
Senor Center Food & Beverage
Disc Golf
Bond Referendum
Fees Schedules
COMMITTEE MEMBERS
Brenton Schulz—Chair
Josh Gaffke—Secretary
Ben Van Gundy
Noel Hammill
Matthew Hinrichs
Boyd Montgomery
Jessica Montgomery
P A R K S & R E C R E A T I O N D E P A R T M E N T
2017-2018 Committee Staff
Informal Committee Meeting
P A G E 4
FINANCIALS
2015 Actual 2016 Actual 2107 Actual 2018 Adopted
DIVISION TOTALS
Arenas (enterprise) $767,602 $756,188 $794,862 $1,978,025
Valleywood (enterprise) $1,626,030 $1,679,102 $1,573,748 $1,809,675
Administration $869,424 $869,466 $920,510 $955,880
Park Maintenance $2,384,305 $2,712,993 $2,749,024 $2,942,745
Recreation Programs $167,506 $176,871 $167,423 $186,980
AV Community Center $317,324 $387,787 $437,314 $292,345
Redwood $110,202 $107,470 $100,709 $104,670
Self-Supporting $198,822 $206,311 $191,057 $200,925
Aquatic Center $685,503 $629,588 $688,235 $642,600
Senior Center $374,710 $371,505 $410,775 $399,655
To develop, promote, collaborate and
deliver leisure programs and facilities
that target the leisure service needs
of the Apple Valley community. The
course of the leisure services offer-
ings are in direct response to and
align with our community interests.
To accomplish this mission, the
following goals have been
established:
Provide quality customer service
Hire, train, and maintain profes-
sional, respectful, competent, and
responsive staff who attend to the
needs of customers
Practice fiscal responsibility
Promote and elevate how the
Apple Valley Parks and Recreation
Department enhances the quality
of life for our residents
Provide and promote diverse rec-
reational opportunities, services,
facilities and trails that further
enrich the quality of life for our
residents
MISSION STATEMENT
J A N U A R Y —D E C E M B E R 2 0 1 8
Tax Dollar Allocation
The 2018 median valued home
had a total monthly city tax bill of
$82.50, of which $68.89 was for
general city operations. $13.04
of the $68.89 was budgeted for
Parks and Recreation Depart-
ment operations.
16.7%
51.4%
3.3%
5.1%
1.8%
3.5%
11.2%
7.0%
0%10%20%30%40%50%60%
Administration
Park Maintenance
Recreation Programs
AVCC
Redwood
Self-Supporting
Aquatic Ctr
Senior Center
2018 Budget
Allocation by Division
(Excluding Enterprise Funds)
Parks & Rec Dept -
General Fund,
$5,725,800
Enterprise
Funds,
$3,787,700
Department's
2018 Adopted Budget
Total = $9,513,500
City of Apple
Valley -
General
Fund,
$33,156,255
Parks & Rec
Dept. *,
$5,725,800
2018 Adopted
General Fund Budget
* Does not
include
enterprise
FACILITIES
P A G E 5
Facilities of the park system include:
Family Aquatic Center
Redwood Pool
Apple Valley Community Center
Senior Center
Teen Center
Hayes Park Arena
Sports Arena
Valleywood Golf Course
680 acres of park infrastructure
105 athletic fields
54 playgrounds
20 basketball and tennis courts
11 park shelters
6 park buildings
1 concession/restroom building
6 pickleball courts
80 miles of plowable paths
32 parking lots
19 outdoor ice rinks
1 disc golf course
1 skate park
1 0utdoor fitness equipment area
P A R K S & R E C R E A T I O N D E P A R T M E N T
SENIOR CENTER
2017 2018
JANUARY 4,286 4,433
FEBRUARY 5,839 4,911
MARCH 6,007 5,778
APRIL 5,416 5,408
MAY 7,757 6,863
JUNE 8,039 5,781
JULY 5,989 5,462
AUGUST 4,371 5,203
SEPTEMBER 6,859 5,350
OCTOBER 5,886 6,384
NOVEMBER 5,162 6,019
DECEMBER 5,077 4,711
YEARLY TOTAL 70,688 66,303
2018 DOOR COUNTS—
YEARLY COMPARISON
AV Community Center
2017 2018
JANUARY 13,627 15,701
FEBRUARY 13,826 12,549
MARCH 11,468 10,906
APRIL 10,436 11,079
MAY 10,110 9,215
JUNE 7,567 8,673
JULY 7,016 6,934
AUGUST 7,072 6,788
SEPTEMBER 8,323 9,505
OCTOBER 11,832 11,356
NOVEMBER 16,646 14,811
DECEMBER 9,071 9,258
YEARLY TOTAL 126,994 126,775
P A G E 6
Significant Accomplishments
PARK MAINTENANCE
Johnny Cake Athletic Complex
Extended Field E fencing
Replaced fabric on Fields 6 & 7
Renovated Field 4
Aquatic Center
Installed new cabanas
Coordinated new roof on the
bath house
Cobblestone Lake Park West
Opened restroom and pavilion
Seeded, irrigated and planted
trees
Painted new walk & bike
symbols
Buckthorn Removals
Wildwood Park
Greenleaf Park
Maintained the integrity of over
680 acres of parkland on a daily
basis.
Provided playable, safe, clean
facilities, athletic fields, trails,
playgrounds and environments for
public recreation.
Winter Operations:
Mobilized 36 times
483 hours on pathways
448 hours on walkways
338 hours on
parking lots
1269 total hours
Ice Rinks
Opened rinks on 12-22-17
Average Temperatures;
January 16.6 degrees and-
February 15.9 degrees
Closed rinks on 2-26-18
INTERESTING FACTS
ABOUT FIELD PAINT
4,000 gallons of white paint at a
2 to 1 ratio - 8,000 gallons
were applied to athletic fields.
It filled our tanker truck 4 times.
100 gallons of yellow, and 60
gallons of red were also used.
Park Force One
J A N U A R Y —D E C E M B E R 2 0 1 8
Ice Rink Maintenance
Aquatic Center’s New Cabanas
New Aquatic’s Building Roof
Tanker Truck
PARK MAINTENANCE
P A G E 7
Tree trimming and pruning
Installed dock and sunscreens in the
park system
Coordinated new boiler installation
at the Aquatic Center
Conducted major shop re-
organization
Repaired washout at Huntington
Park
Striped Scott Park parking lot
Coordinated Tree Trust projects
Installed playground borders at
Greenleaf, Belmont, and Chaparral
parks
Kelley Park
Installed dance floor in front of the
stage
Installed additional electrical power
service
Maintained planting beds
Facilitated summer concerts, Night
to Unite, and Octoberfest events
Inspected and maintained 52 play
structures
Scout Projects
Belmont sign planter
Cobblestone trees
Apple Valley Community Center
planter boxes
Constructed and installed new signs
at various parks
Cobblestone Lake
Embry Path
Nordic
Fred J. Largen
Longridge
Regatta
Scott
Servicing and converting equipment
Extended the right infield fence on
Johnny Cake Ridge Park East complex
77.6” of snow for the season with 14.6” falling on April 14 & 15
P A R K S & R E C R E A T I O N D E P A R T M E N T
Mowing operations
Over 775 tons of aglime was used to level and
condition ball fields of the park system.
Significant Accomplishments (cont.)
Floor removal at Apple Valley Community Center
P A G E 8
Teen Activities—
fleece project
RECREATION PROGRAMS
A. Teen Programs
Special Events
Pool Parties (2)
B. Preschool
Park & Rec Classes
Contractor Provided
a. KidCreate
b. Music Together
c. Abradkadoodle
d. Science Explorers
e. Soccer Shots
f. Dakota County 4H
g. Sunnyside Stables
C. Holiday Events
Easter
Halloween
Christmas
D. Youth
Playgrounds
Camps
Painting Classes
E. Adult
Painting Classes
F. Family
Freedom Days Fun Run
Daddy/Daughter Dance
Egg Dying
Pumpkin Painting
Cookie Baking
Special Event Tickets
G. Special Events
Mid-Winter Fest
Freedom Days Fun Run
“Freezy
Friday”
with the
Apple Valley
Police
Officers and
the Puppets
J A N U A R Y —D E C E M B E R 2 0 1 8
0
200
400
600
800
1000
1200
ADAPTIVE PROGRAMS(Teen Dances-TC)ADULT PROGRAMSFAMILY PROGRAMSFREEDOM DAYS FUN RUNSPRE-SCHOOL PROGRAMSTEEN PROGRAMSTICKETS-TARGETCENTER/XCELYOUTH PROGRAMS 2014
2015
2016
2017
2018
Teen Activities—pumpkin carving
PLAYGROUND PROGRAM & CAMPS
P A G E 9
PLAYGROUND PROGRAM
The Apple Valley Parks and
Recreation Department hosted a
FREE summer playground
program for children 6-11 years old.
Programs were held at multiple
parks, four days a week, for seven
weeks.
The program offers games, crafts
and organized sports in a safe and
nurturing environment.
Five leaders and five assistants
were distributed to the parks as
enrollment demanded. Everyone
helped plan and implement a strong
and dynamic program for the
participants.
SUMMER CAMPS
Our camp programs are very
popular. We continued with our
pre-summer Summer Surge camp
as well as our mid-season Day
Camp and our Awesome August
end of the season camp . The
camps were evaluated and
recalculated each session to keep
things fresh and to make sure we
are providing what the community
needs.
3,257 3,158 3,045
2,451
2,924
0
500
1,000
1,500
2,000
2,500
3,000
3,500
2014 2015 2016 2017 2018
Playground Participants
144 147
129 121
158
0
50
100
150
200
2014 2015 2016 2017 2018
Camp Participants
P A R K S & R E C R E A T I O N D E P A R T M E N T
P A G E 10
Bounce House
MID-WINTER FEST
Mid-Winter Fest is a communi-
ty celebration of winter. The
annual festival began in 1978
and it’s goal is two-fold: to
foster a sense of community
pride and spirit; and to make
citizens aware of the winter
recreational opportunities
available. The February 3 and
4, 2018, event provided
fun-filled activities for the entire
family. Highlights included:
AVHA vs EVHA Mites Youth
Hockey Jamboree
Horse Drawn Wagon Rides
Ice Carving Demo
Face Painting
Wendy’s Wiggle, Jiggle, and
Jam
Inflatable Bouncy Houses
Scouting Adventure Zone
KIDSDANCE DJ Music
Wacky Hair Designs
Valley United Soccer Club
Drop-In Soccer
Bonfire and S’Mores
Medallion Hunt
Concessions by Carbone’s
Cribbage Tournament
Klondike Visits
Adult Volleyball Tournament
Coloring Contest
Community Booths
Wandering Entertainers
Klondike the Mascot
Ice Carving
J A N U A R Y —D E C E M B E R 2 0 1 8
Volleyball Tournament
Hay Rides
Entertainment
Medallion Winner
Smores by the Fire
Food Shelf Donations
Hockey
SUPPORTED SPECIAL EVENTS
P A G E 11
Freedom Days celebration
is a multi-day event
coordinated by a volunteer
group. Activities included
the following:
Fishing Derby at Lac
Lavon Fishing Pier
This event is sponsored by
the Minnesota In-Valley
Fisherman.
J & K Amusements
Carnival Rides
Car and Motorcycle Show
- Dancin' & Cruisin'
Music at Johnny Cake
Live music by the Saddle
Sores, featuring classic
country music from the
50s, 60s and 70s.
Family Fun Night
Petting Zoo, Pony Rides,
Zuhrah Funsters, Food,
Kids’ dance, Games, and
AV Police and Fire Units
Patriotic Pet Contest
Parks and Recreation
Fun Run
Apple Valley Parade
Pre-Fireworks Party
Fireworks Show
P A R K S & R E C R E A T I O N D E P A R T M E N T
Fun Run Starting Line
FREEDOM DAYS
The Freedom Days committee is a
VOLUNTEER organization that plans and
organizes most of the Freedom Days
activities that take place each year. They
do a great job with the parade, carnival,
Family Fun Night, and more. City Staff
members in many department support
Freedom Days in a variety of ways. These
include administrative assistance, facility
preparation, part time staff assistance,
promotions and marketing, along with
public safety.
2018 also saw a coordinated effort between the Fire Department, Police Department, Public Works
and Park & Recreation Department to plan for any type of emergency that might arise with such a
large gathering of people. Mobile Command vehicles were used to ensure the safety of parade
participants and spectators and all the people gathered for the 4th of July events from early after-
noon until after the fireworks at Johnny Cake Ridge Park and surrounding areas.
A great deal of pre-planning went into the entire day. That planning paid off when severe weather
rolled through the area mid-way through the parade. Unified communications allowed decisions to
be made with all interested parties in a short period of time. Then information was relayed to parade
spectators so they could disburse before the rain, thunder and lightning came.
City Staff coordinate all aspects of the Freedom Days Fun Run on the morning of July 4th and the
fireworks show to close out the day.
MUSIC IN KELLEY PARK
The Parks and Recreation Department is instru-
mental in the Music in the Park series present-
ed by the Apple Valley Arts Foundation. Rec-
reation and Park Maintenance staff are on-
site during the day to ensure Kelley Park is in
tip top shape for concert goers. Throughout the
afternoon and evening, staff assists with set up,
putting out signage, park clean up, emptying
garbage cans, stocking restrooms and much
more before helping with tear down at the end
of the concerts. The 2018 line up was 10 con-
certs beginning June 15th and ending on August
17th. One concert was cancelled due to exces-
sive heat so nine total concerts took place in
2018.
2018 Concert Schedule
Friday evenings from 6:00 p.m. to 9:00 p.m.
June 15: 5-Speed- Parks & Rec Night!
June 22: Michael Monroe
June 29: AVHS R & B Band with special
guest SCALISE
July 6: JD Steele
July 13: David Gonzalez & Retro Funk
July 20: Power of 10
July 27: Platinum Pops in the Park featuring
The Dakota Valley Symphony
August 3: Hornucopia
August 10: TC Jammers
August 17: Riverside Hitmen
P A G E 12
HAYES PARK ARENA
APPLE VALLEY SPORTS ARENA
The Apple Valley Sports
Arena is jointly owned with the
Independent School District
196 and is connected to the
south end of the Apple Valley
High School. In the fall and
winter seasons the arena
primarily serves the skating
community and High School
gym activities. The Sports
Arena is converted to indoor
tennis courts for the spring,
summer and fall seasons.
Hayes Park Arena is located
on city property adjacent to the
Apple Valley Community
Center/Senior Center complex.
In the summer, fall, and winter
seasons the arenas primarily
serve the indoor ice sports
community. The arena is
converted from ice to turf to
host spring activities and back
to ice in June for summer, fall,
and winter rentals.
This year the Arenas saw
about 5,800 hours of use for
our ice, turf and tennis courts
through a variety of rental
groups. Rental revenue
pushed $500,000 for the year.
J A N U A R Y —D E C E M B E R 2 0 1 8
The City of Apple Valley
operates two multi-purpose
facilities which serve the
residents of the community.
SIGNIFICANT ACCOMPLISHMENTS
Facility Participants Served:
Apple Valley and
Eastview High School
boys and girls hockey
teams
Over 350 participants in
Learn to Skate program
District 196 Icettes Figure
Skating team
The Apple Valley and
Eastview Hockey Associ-
ation’s practices, games
and tournaments
Apple Valley High School
gym classes
Consignment and craft
sales
Many community families
for public skating
AVHS tennis teams
Local Lacrosse, soccer
and baseball associations
for spring indoor turf use
P A G E 13
In 2018 we hosted the Just Between Friends consignment sale
for our second consecutive year at Hayes Park Arena and the
Sports Arena. The sale at Hayes took place at the end of May
and the sale at the Sports Arena took place the first week of
August. Both sales were very successful.
The past year has brought a big update to our facilities,
new lighting. In the fall both arenas were updated to LED
lighting. The feedback from our customers has been great.
It was a needed improvement to our facilities.
Staff has continued filling the advertising space available at
Hayes Park Arena. To date we have eleven dasher ads and
one backlit scoreboard ad. Advertising in the arena currently
will bring in an additional $5,900 in revenue per year.
Dasher board maintenance: Every other year arena staff paints
the dasher boards white to cover puck marks at Hayes. The
process takes about a week to complete and really improves
the look of the arena.
P A R K S & R E C R E A T I O N D E P A R T M E N T
The 2018-2019 ice season brings an end to the original refrigera-
tion system at the Sports Arena. The refrigeration system will be
replaced the summer of 2019 along with the cement arena floor,
sound system and the dasher boards. Stayed tuned to the City’s
website for construction updates throughout the process!
LOOKING AHEAD
P A G E 14
Sammy, the Newest
Volunteer at Valleywood
VALLEYWOOD GOLF COURSE
Valleywood offers a wide variety of
golf opportunities to the public.
Our mission is to offer a high
quality golf experience at a com-
petitive rate to the general public
while providing opportunities to
residents of Apple Valley at a
discounted price.
Valleywood is a true multi-use
facility. In addition to golf activities
and banquets, the course plays
host to the Eastview and Apple
Valley High School golf teams,
District 196 Nordic Ski Team,
cross country running races, Apple
Valley Wine Club, Winter Concert
series and a variety of other
Recreation Department programs.
The golf course conditioning
continues to improve. With the
addition of our new Working
Foreman, Ryan Browning, we
expect course conditions to
continue to improve. We are also
re-evaluating our equipment plans
with Ryan. Our previous foreman
was an accomplished mechanic
but was limited in turf grass
training. As a result we are up-
grading some of our larger
equipment and looking to add
some smaller pieces to allow us to
reduce the contracting of such
things as greens. We need to
work on maximizing revenue
during these peak demand times
and provide the value golf to our
patrons during off
peak times. This will
enable us to maxim-
ize revenues while
still providing a great
value to our resident
players and our
patrons.
Valleywood entered
into an operational
partnership with the
Roasted Pear restaurant in April of
2018 with them handling all food
and beverage operations and
Valleywood staff handling all golf
operations and building rental
responsibilities. The food and
beverage part of the operation had
become increasingly difficult to run
over the last couple of years
mainly due to a dearth of compe-
tent cooks and food service
professionals applying to work
here. As a result costs continued
to increase while operational
revenues were decreasing.
Valleywood as well as its patrons
are much better served by having
an outside vendor handle these
responsibilities. The elimination of
these food service responsibilities
and costs will move Valleywood
into a much better fiscal position
over the next couple of years.
Most likely revenues derived from
building rentals and food and
beverage commissions will be
offset by needed upgrades in the
clubhouse operation. As commis-
sion and rental revenues continue
to grow clubhouse capital outlay
should decrease. Hopefully within
a couple of years the food and
beverage commission and building
rental revenues will offset virtually
all of the operational costs of the
clubhouse.
The spring of 2018 was a perfect
storm of bad news for Minnesota
Golf in general and Valleywood in
particular. For the first time in its
history Valleywood was not open
for golf a single day in April. With
the late start and the construction
on McAndrews road 2018 proved
to be the most challenging year in
Valleywood’s recent history.
J A N U A R Y —D E C E M B E R 2 0 1 8
Dragging Greens
Flags on the Green
AQUATICS
.
P A R K S & R E C R E A T I O N D E P A R T M E N T $571,252$704,555$705,525$608,716$693,832$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
2014 2015 2016 2017 2018
AVFAC Total Sales
Redwood Pool
Family Aquatic Center
0
100
200
300
400
2014 2015 2016 2017 2018397318312254310Swimming Lessons
Swimming lesson class sessions
were held Monday through
Thursday for two weeks.
Session 1: June 18 - 28
Session 2: July 9 - 19
Session 3: July 23 - Aug 2
Session 4: August 6 -16
Class Levels Offered:
Parent/Child
Tadpole Splash
Levels 1 through 6
P A G E 16
ADULT RECREATIONAL ATHLETICS
The Apple Valley Community
Center hosts volleyball,
basketball and wiffleball
leagues. Johnny Cake Ridge
Park is an excellent site for
softball, kickball and summer
sand volleyball leagues.
Over the past six years, the
Apple Valley adult softball
program has maintained its
level of teams at a fairly
consistent number while the
number of teams both
nationally and locally are
down. Statewide registrations
were down from 5,500 in 2000
to 2,594 in 2018. Surrounding
communities are reporting a
loss of 20 to 30 teams over the
past five seasons.
In 2018, between Spring/
Summer and Fall leagues,
Apple Valley was down a total
of 16 teams. (A decrease in
revenue was offset by a
decrease in expenditures.)
Officiated and self-officiated
basketball leagues were
offered in the fall and winter
seasons. Regular
season games are
followed by playoffs to
determine both
league and playoff
champions.
J A N U A R Y —D E C E M B E R 2 0 1 8
Softball Fall League Champs—
Bronze Division
Softball Fall League Champs—
Silver Division
Basketball Fall League Champs $208,658$206,585$207,510$195,308$123,794$124,701$127,314$119,850$0
$50,000
$100,000
$150,000
$200,000
$250,000
Adult Leagues
Revenue
Expenditure
Volleyball Fall League Champs—Women’s B/C
P A G E 17
FIELD RENTAL
Staff has received a significant
increase in requests for additional
field space use over the past
several years. These requests
have been made by a variety of
users from adult soccer leagues
and adult baseball teams to youth
club programs such as MASH MN
Baseball Academy, etc. These
groups have been allowed to rent
field space after City, School
District, and Apple Valley youth
athletic programs have reserved
their requested field space. These
rental groups have both filled a void
of lost revenue in the adult softball
program and served as a partial
cost recovery program for
maintaining the city fields. This
revenue is not part of the adult
athletic revenue, it is a separate
revenue account.
Apple Valley
Community Center
opened in 1989
with 2 basketball
courts that can
convert to 3
volleyball courts.
The 1999 addition
of the Sport Court
gym added 2 more
basketball courts
that can convert to
3 volleyball courts,
or 6 pickelball
courts,, or 6
badminton courts
P A R K S & R E C R E A T I O N D E P A R T M E N T 3,0422,950414350812,9522,920270230702,9523,140288140702,6643,040252162900
500
1,000
1,500
2,000
2,500
3,000
3,500 NO. OF PARTICIPANTS
2015 2016 2017 20181692952335 91642921523716431416147148304141490
50
100
150
200
250
300
350 NO. OF TEAMS
2015 2016 2017 2018
$18,075
$35,976
$50,426 $51,921
$71,024
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
2014 2015 2016 2017 2018
FIELD RENTAL REVENUE
ADULT OPEN ATHLETICS
Apple Valley Community Center
offers Adult Open Volleyball
year-round Monday 6:30 p.m. to 9:30
p.m., Saturdays and Sundays 3:00
p.m. to 6:00 p.m. The Community
Center hosts Adult Open Pickleball
approximately September through
May, Monday through Friday, 9:00
a.m. to 12:30 p.m. and Sundays
12:15 p.m. to 2:15 p.m. schedule
permitting. Adult Open Badminton is
offered year-round Wednesday
evenings 6:30 p.m. to 9:30 p.m. All
skill levels are welcome. Up to six
courts are available for these sports
and 2018 admission fee was $4 per
person. Participant numbers are
shown in the chart below. 7,4463,8101,4407,4543,6389826,7405,1351,1390
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
Volleyball Pickleball Badminton
2016
2017
2018
ADULT OPEN ACTIVITIES
P A G E 18
Seniors Organization
APPLE VALLEY SENIOR CENTER
RENTAL GROUP SIZES
0-75 people: 86
76-150 people: 40
151-224 people: 72
The Apple Valley Senior Center is the ideal location for celebra-
tions, events, banquets and meetings. Groups as small as 5 and
as large as 224 will find the facility a welcoming place to host their
event.
The Apple Valley Seniors
completed their 25th year as an
organization. The Seniors
organization is headed up by a
volunteer Executive Commit-
tee consisting of a President,
Vice President, Treasurer,
Assistant Treasurer, Secretary
and Member At Large. Other
volunteer committees include
Education & Service, Finance,
Historians, Membership and
Social & Recreation.
Senior’s Executive Committee
J A N U A R Y —D E C E M B E R 2 0 1 8
MEMBERSHIP
Adults age 55+ are eligible to
become a member of the Apple
Valley Seniors Organization. The
benefits of membership include:
Monthly newsletter
Discounts on some activities
New member orientation and tour
of the Apple Valley Senior Center
The ability to participate in bingo
and the donated bread program
Free coffee, tea and cappuccino
Senior Center Staff
TOP 10 TYPES OF RENTALS
Church Services & Religious Events: ..................................... 62
Medicare Meetings: ................................................................. 20
Home Owners Association Meetings: ..................................... 16
Financial Presentations: .......................................................... 14
Parties & Receptions (Birthday, Anniversary, Wedding): ........ 12
MN Valley Mothers of Multiples Meetings & Events: .............. 10
Local Business Meetings & Trainings: ...................................... 8
Boy Scouts Ceremonies: .......................................................... 6
Government Meetings, Trainings and Elections: ...................... 6
School Banquets: ...................................................................... 4
The Apple Valley Seniors
logged 4,835 volunteer
hours in 2018. 9089351,036963993800
850
900
950
1,000
1,050
2013-2014 2014-2015 2015-2016 2016-2017 2017-2018
Senior Membership
MEMBERSHIP BREAKDOWN
Apple Valley—59%
Burnsville—13%
Rosemount—9%
Eagan—4%
Lakeville—4%
Farmington—3%
Multiple Locations*—8%
P A G E 19 ACTIVITY HIGHLIGHTS
ARTS & CRAFTS
Coloring Group
Adult coloring is one of the hottest trends and it helps
stimulate creativity and reduces stress
Hardanger
Carrying on a traditional form of Norwegian
embroidery
TRIPS
Mystery Trip: Lunch at Kings
Place in Miesville
Amish Country Trip
A tour of four Amish
farms in the rolling
hills of Harmony.
GAMES
Hand & Foot
A card game based on the principles of Canasta.
Apple Valley Seniors played over 250 games in
2018.
Duplicate Bridge
Over 600 games played by over 2,600 players.
SPECIAL EVENTS
Senior Showcase
Held every three years, this event highlights nearly
50 different activities, services and events that are
offered at the Apple Valley Senior Center. The event
was open to the public drew approximately 300
people.
ENTERTAINMENT
Shinya McHenry – Dance Instructor & DJ
Celebrating the music of Motown.
Dragonfly Band
Folk band featuring members of the Apple Valley
Seniors.
COMMUNITY
Beyond the Yellow Ribbon
Freedom Days Parade: Senior Volunteer of the
Year
Charlie Maus was nominated by the Apple Valley
Seniors and voted as the Senior Volunteer of the
Year by Senior Center Staff
HELPING OTHERS:
Westview Elementary School Supply Drive
Feed My Starving Children
Once a month, the Apple Valley Seniors pack meals,
create shipping labels and load pallets.
In August, 35 Apple Valley Seniors packed 124
cases containing 25,568 meals! This is enough food
to feed 104 kids for an entire year.
EDUCATION
Discover Group: Monthly science topic
discussions & presentations
Kicking the Sugar Habit
A presentation by a chef and health coach. Apple
Valley Seniors learned how sugar affects the body
and how to transform sugar cravings into healthier
choices.
Driver Improvement Course
The Senior Center partners with Minnesota Highway
Safety and Research Center / AAA .
P A R K S & R E C R E A T I O N D E P A R T M E N T
Regularly Scheduled Activities:
Bike Clubs
Bingo
Book Club
Bowling-Traditional
Computer & Technology Dis-
cussion
Discover (science) group
Dance: Line & Tap
Exercise & Fitness: Morning
Stretch, Tai Chi, Yoga
Feed My Starving Children
Games: 500, Bridge, Cribbage,
Dominos, Duplicate Bridge,
Hand & Foot, Mah Jongg,
Pinochle, Spite & Malice
Gather Around Music Jam
Genealogy group
Hardanger
IMAX Senior Day
Luncheons: Catered, Meet Out
& Mystery Trip
Men & Women’s Breakfasts
Morning Stretch Exercise
Pool (Billiards)
Quilting
Painting
Re-Created Cards
Stitchers
Table Tennis
Wii Bowling
Fitness and Wellness
The focus included Morning
Stretch and Fun Folks on Spokes
Bike Group.
City of Apple Valley
7100 - 147th Street West
Apple Valley, MN 55124
Phone: 952-953-2300
Fax: 952-952-2306
E-mail: parks @cityofapplevalley.org
J A N U A R Y — D E C E M B E R 2 0 1 8
Parks & Recreation
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
Receive P arks and R ecreation A dvisory Committee 2018 Annual R eport
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:
Receive the Parks and Recreation Advisory C ommittee 2018 Annual Report .
S UM M ARY:
T he Parks and Recreation Advisory C ommittee's 2018 year-end annual report is presented
for C ouncil review. T he report covers the organization, members and their roles on the
advisory committee, and items discussed at their meetings during 2018.
B AC K G RO UND :
T he Parks and Recreation Advisory C ommittee (PRA C) is an appointed committee of the
City Council of volunteer citizens. T he purpose of the P RA C is to advise and make
recommendations to the C ity C ouncil concerning parks, recreation, open space, and trail
iss ues. In addition, the PRA C provides input to City staff, acting as an advisory board on
community interests concerning recreation and parks. T he Parks and Recreation Advisory
Committee's 2018 year-end annual report is presented for C ouncil review.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R eport
2018 Year-End Report
Parks & Recreation Advisory Committee
The Parks and Recreation Advisory
Committee (PRAC) is an appointed
committee of the City Council of
volunteer citizens. The purpose of the
PRAC is to advise and make
recommendations to the City Council
concerning parks, recreation, open
space, and trail issues. In addition, the
PRAC provides input to City staff,
acting as an advisory board on commu-
nity interests concerning recreation and
parks.
ORGANIZATION
The PRAC consists of seven (7)
members. The members are appointed
by the City Council for three (3) year
terms. The Chairperson and Secretary
are elected annually by the committee
members at an “organizational meeting”
typically held in March. Meetings are
held the first Thursday of January,
March, May, September, and Novem-
ber, with additional meetings called as
needed throughout the year.
MEMBERS’ ROLE
The PRAC’s work covers a broad range
of issues which must be acted upon in
a timely manner. Occasionally, the
formation of “task force” or “study
groups” becomes necessary to look into
or work further on more complex
issues. Participation in these groups
is voluntary.
PARK DEDICATION
The City has enacted an ordinance
under Minnesota law which grants a
community the authority to receive land
or cash in lieu of land for purposes from
residential and commercial/industrial
developers. This dedication is set
depending on the size of the proposed
development and whether it is a
residential or commercial/industrial
development. If the amount of land is
not sufficient to support a park, a cash
dedication is accepted. The amount of
the cash dedication is based on the
type of residential or commercial/
industrial unit. The Committee annually
reviews dedication funds. The cash
collected goes into a fund for purchase
and/or development of parks through-
out the community.
COMPREHENSIVE PLAN GUIDE
Required by the Metropolitan Council,
the City maintains a “Comprehensive
Guide Plan” for the city. One segment
of the plan includes parks. Neighbor-
hood service areas are defined to help
determining what park needs might be
for each portion of the City. A complete
copy of the Plan is available on the
City’s web site at www.ci.apple-
valley.mn.us.
2018 MEETINGS
Meetings were held January 4,
March 1, May 3, July 19, September 6,
and November 1. Regular meetings
were held in the Municipal Center’s
Council Chambers and video broadcast
on Charter Communication Cable
Channel 180 starting at 7:00 p.m.
Informal meetings were held at 6:00
p.m. in the Municipal Center’s Regent
Conference Room prior to each
Regular meeting.
ITEMS OF DISCUSSION INCLUDED:
Introduction of New Park Superintendent
Teen Center
Pickleball
Cobblestone Lake Park—Northwest
Cortland Development Park
Naming - Embry Path Park
Land Purchase Inquiry -
Hope Church Property
2040 Comprehensive Plan
Quarry Point Field #4
Valleywood Food & Beverage
Cobblestone Lake Park -
Interpretive Sign
Kelley Park Redesign
Senor Center Food & Beverage
Disc Golf
Bond Referendum
Fees Schedules
COMMITTEE MEMBERS
Brenton Schulz—Chair
Josh Gaffke—Secretary
Ben Van Gundy
Noel Hammill
Matthew Hinrichs
Boyd Montgomery
Jessica Montgomery
P A R K S & R E C R E A T I O N D E P A R T M E N T 9 5 2 -953-2 3 0 0
2017-2018 Committee Staff
Informal Committee Meeting
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
Receive P lanning C ommission 2018 A nnual R eport
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:
Receive the Planning C ommission 2018 A nnual Report.
S UM M ARY:
T he importance of the roles and service provided by the Planning Commission is essential to
the City. It is very visible in the housing/commercial/industrial projects reviewed and
approved that resulted in construction started and completed in 2018.
Notably, the Planning C ommission, provided an essential service for:
1,092 single-family and multi-family housing units
265,000 sq. ft. Menard's, and the jump starting of the redevelopment of the "Hanson"
parcel
the recent 58,000 sq. ft. expansion completion of Uponor
A multi-tenant building in Cobblestone and replacing the Ryan building
T heir diligent work also advanced the 2040 C omprehensive Plan to its submission to the
Metropolitan C ouncil at the end of 2018.
Because of their service in the areas described, economic development advanced throughout
the year. Significant investment occurred in 2018, including:
Wing's Financial purchased and renovated a mostly vacant office building, investing
over $6 million
Target completed a $10 million renovation at Southport, and $4 million renovation at
Cobblestone Lake
Approximately $20 million is planned to acquire and transform the Time Square
quadrant
$7 million is invested for new tenants and a face lift at Apple Valley Square, addressing
the Rainbow vacancy
Cub completed a $2 million renovation that added a Planet Fitness
T he message continues to advance: "everything the Planning C ommission does fosters
economic development."
Attached is the Planning C ommission report for 2018 with some "best of" slides from that
year as we proceed in 2019.
B AC K G RO UND :
T he report was approved by the Planning C ommission at their annual meeting on March 6,
2019. T he report outlines activities and accomplishments of the C ommission for the
previous year.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Presentation
R eport
2018 Accomplishments
Department/Division Highlights
Redevelopment of
Menard/Hanson
Rainbow Renovation by Regency Centers
Office
Transformed
by
Wings
Financial
2019 Goals
Department/Division Highlights
•Encourage home improvement
•Local lenders collaborate on financial
resources
•Information exchange through internet
resources advisors, and plan books
•Part of the Code Enforcement umbrella
Transforming
Time Square
APPLE VALLEY
Planning Commission
2018 ANNUAL REPORT
Planning Commission
The role of the Planning Commission is to make recommendations to the City Council on a
variety of land use requests and issues. In 2018, there were 20 Planning Commission meetings
held that consisted of public hearings, land use applications and sketch plans.
Members of the Apple Valley Planning Commission included:
Tom Melander, Chair
Tim Burke, Vice-Chair
David Schindler, Secretary
Ken Alwin
Keith Diekmann
Jodi Kurtz
Paul Scanlan
Community Development - 2018
Economic Development - Overview
With an active 2018, staff planned for a 50th golden year to be celebrated in 2019. There were
many planning and development activities. Single family and multi-unit housing review and
approvals and commercial retail and office repositioning were notable activities throughout the
year. The intersection of Cedar Avenue and County Road 42, our “main and main”, showed
significant transformations in all four quadrants at the core of the downtown. Available land was
committed to new neighborhoods and initial uses of the Mixed Business Campus, known as
“Orchard Place”. During 2018:
Wings Financial completed a $6 million renovation of a mostly vacant office building on Glazier
Avenue.
Target Corporation completed a $10 million retail renovation at Southport Centre.
A buyer was identified, for a scheduled January 2019 closing, that invests approximately $20
million into the Time Square Shopping Center; including the proposed addition of a Portillo’s
restaurant.
Regency Center began a reported $7 million renovation of the Apple Valley Square shopping
center, with tenants to follow later in 2019.
Cub Foods renovated their store to the newest concept; right sizing the space to have sufficient
square footage to add a Planet Fitness.
Uponor completed an expansion of their manufacturing annex to add additional manufacturing
and distribution facilities and jobs. In celebration of their 100th year, Uponor rang the Nasdaq
closing bell in New York City, August 20, 2018.
The Zvago/Central Village Senior Cooperative began construction. Commercial development is
being discussed for 2019 to fulfill the sought-after suburban intensive mixed use completion of
the triangle site.
Menard, Inc., finalized a plan acceptable to the City Council and Planning Commission to
relocate their retail store and building supply warehouses as part of the redevelopment of the
former Hanson Concrete manufacturing site.
The 414-acre Mixed Business Campus, with a concept masterplan developed by the owner,
began to attract sought after medical office development in the fully mined and reclaimed area
and a Lunds/Byerly’s Grocery in the guided commercial retail area of the campus. Significant
infrastructure planning underway in 2018 leads to design and initial construction work in 2019.
Land Use Development - Introduction
In 2018, there were 36 land use development applications. Land use development applications
may consist of multiple actions that must be reviewed and analyzed by staff, then presented to
the Planning Commission and City Council for their consideration and action. A total of 20
Planning Commission agendas, agenda packets, and minutes were prepared and distributed,
as well as 20 public hearings held:
Land Use Actions Requested in 2011 2018
Comprehensive Plan Amendments 3
Zoning Ordinance Amendments/Rezonings 7
Conditional Use Permits 8
Subdivision/Preliminary Plats/Final Plats 16
Site Plan Reviews/Building Permit Authorizations 9
Vacations 2
Variances 9
Environmental Reviews 0
Interim Use Permits 2
Miscellaneous 9
TOTAL 65
Performance and activity never tells the whole story. The complexity of land use requests has
often involved comprehensive plan revisions, rezonings, zoning amendments, variances and
site plan/building permit authorizations on property located in established neighborhoods.
Changes in the fully developed area of the City often require multiple meetings for the complete
review.
Commercial Projects
Commons I Building Signs – Request was granted to allow for the installation of two building
signs above the first floor of the Commons I building, located at 7300 147th Street West.
Menard’s at Hanson Concrete – Menard, Inc. received approval of a Comp Plan Land Use
Map amendment, rezoning, preliminary plat and site plan/building permit authorization to allow
for a 216,209-sq. ft. Menard’s store and 48,970-sq. ft. warehouse on 18.4 acres, with 16.44
acres of future commercial/industrial development and 5.2 acres of storm water ponding on
property located on property located at the northwest corner of CSAH 42 and Johnny Cake
Ridge Road.
AmericInn/Old Chicago Entrance Sign Variance – A variance for AmericInn and Old
Chicago was approved allowing a shared sign and a setback variance. Code does not allow for
off-site signage, despite the shared drive. By approving the variance the users each get a single
entry sign at the driveway. Removal of an existing poorly marinated sign adjacent to CSAH 42
was required.
Appliance Smart Building Addition – A conditional use permit and site plan/building permit
authorization was granted to 7370, LLC to allow for a Class II restaurant with drive-up window
service in a portion of a proposed 7,087-sq. ft. building addition to the Appliance Smart building,
located 7370 153rd Street West.
Ryan Real Estate Redevelopment – The owners received approval of amendments to PD-
290, conditional use permit and site plan review/building permit authorization to redevelop the
existing office building at 14750 Cedar Ave into an 11,000 sq. ft. multi-tenant commercial
building. The four tenants planned for the building include a Class I Casual restaurant on the
north end of the building, a dental office, a soup/sandwich shop, and a coffee shop with drive-
thru service on the south end of the building.
Regency Centers Free Standing Signs – A Conditional Use Permit (CUP) amendment to alter
the Major Anchor signs at the Regency Center site received approval in summer 2018. The
original CUP was issued in 1992 was required an amendment to make aesthetic alterations to
the signs. These changes will reduce the overall height, and allow the signs to be more
consistent with the façade improvements which occurred at the center. The signs, combined
with the façade improvements reposition this center for new tenants and uses.
Holiday Superstore #0316 Car Wash Expansion C.U.P. Amendment – Holiday Station
Stores received approval to amend this CUP, allowing a second car wash at the 149th Street
West fuel station. The addition removes two semi-trailer parking stalls but retains the existing
drive lanes throughout the site.
Wings Financial Mortgage Sign – Request was granted to allow for the location of two lighted
building signs on the north and south faces above the first floor of multi-story building more than
four stories tall, located at 15025 Glazier Avenue.
Bogart’s Entertainment Center Outdoor Sand Volleyball Interim Use Permit – Bogarts
Entertainment Center is under new ownership and was approved for an Interim Use Permit to
allow them to store the volleyball sand on the site over the winter. The CUP issued allowing the
courts requires that the sand be removed by September 30th each year. This interim use permit
will allow the owners to save the cost of removal for one year and encourages winter
activities/use of the sand. Additionally, a temporary sign received approval for one year while
the building is rebranded to Bogarts Entertainment Center, this sign will cover the “Apple Place”
existing sign. Prior to September 2019 a new permanent sign is required.
Hy-Vee Convenience Store – Hy-Vee, Inc. submitted an application to redevelop the Liberty
Credit site on the southeast corner of Pennock Lane and CSAH 42, 7668-150th Street W. The
plans called for demolishing the existing office building and constructing a 4,400 sq. ft.
convenience store with a total of 10 fueling stations. The site is very constrained, so Hy-Vee
requested that the City consider vacating a portion of Pennock Lane right-of-way that is
currently not part of the Pennock Lane roadbed. The City Council determined that the right-of-
way was still needed, and denied the vacation request. Traffic impacts to Pennock Lane and
the CSAH 42/Pennock Lane intersection have been identified as issues. Hy-Vee will need to
significantly redesign their site in order for the project to move forward.
Apple Valley Square 6th Addition – TLM Realty has applied for a subdivision of the
Aldi/Burlington Coat Factory lot to create a pad site in the northeast corner of the lot. The lot is
proposed to be .52 acres and include a 2,500 sq. ft. retail building. A site plan/building permit
authorization is not being applied for at this time, which will be required when the owner brings a
user forward. The project is currently under review by the Planning Commission.
Time Square Redevelopment – A final plat, CUP for a drive-thru, site plan/building permit
authorization, setback variance, and parking stall depth variance are currently under review for
the Time Square site. Portillo’s is planning an 8,300 sq. ft. restaurant with a 30+ vehicle drive-
thru. A portion of the southern Time Square building is proposed to be demolished, retaining
approximately 9,700 sq. ft. Extensive façade improvements are anticipated f or the entire center
as well as improvements to the stormwater management system, and the sewer/water system.
Some of the biggest improvements to the center, such as the sewer and water lines, will not be
visible to the general public, but will reposition this center and enable it to attract the next
generation of businesses. The application is currently under review with construction anticipated
in 2019.
Panera Bread Restaurant – Review began in late 2018 of a request by Panera, LLC and
Brixmor Southport Centre, LLC for a planned development ordinance amendment and site
plan/building permit authorization to allow the removal of the existing Baker’s Square restaurant
and construction of a new Panera Bread restaurant with drive-through window service at 15200
Cedar Avenue. The City Council will consider this project in early 2019.
Cobblestreet Market – Approval was granted to Hempel Companies in 2017-18 for the replat
of an outlot that created two lots, zoning amendments to allow for a drive-up window in
conjunction with a restaurant, and site plan/building permit authorization to allow for construction
of 8,148-sq. ft. multi-tenant retail building. Construction began late in 2018 on the project
located lot at the southwest corner of 157th Street West and Cobblestone Lake Parkway.
Industrial Projects
Apple Valley Self Storage – A final plat and site plan/building permit authorization was
approved for a 6 building, 52,000 sq. ft. self-storage facility east of Lifeworks on Evendale Way.
Staff worked with the applicant to remove all units facing the residential homes to the east. A
60-foot wide buffer of landscaping and greenspace between the residential property lines and
the nearest storage building will offer screening and reduce the impact of the development. The
site will have one access point from the Evendale Way cul-de-sac.
McCormick Computer Resale – McCormick Computer Resale received approvals to more
than double the size of their existing office warehouse building at 14925 Energy Way. The
23,700 sq. ft. addition will provide additional office and storage space, bringing the total size of
the building originally constructed in 1994 to 44,340 sq. ft. A second driveway access will be
constructed on Energy Way and additional employee parking will be added to the west side of
the building. Two saw-tooth dock doors will be constructed on the north side of the
building. The landscaped buffer on the north side of the site will be slightly modified, but will be
replanted to help screen the dock doors from Energy Way.
Uponor Expansion - Approval for the 58,000 sq. ft. expansion occurred in 2017, which allowed
construction in 2018. A ribbon cutting occurred in August celebrating the completed addition.
Council and staff also attended Uponor’s Hutchinson ribbon cutting in fall 2018. These additions
demonstrate Uponor’s commitment to Minnesota, and Apple Valley.
Wasatch Storage -Approval of a preliminary plat and site plan/building permit authorization was
granted for an 804 unit self-storage facility at the north east corner of Johnny Cake Ridge Road
and 147th St in 2017. The final plat and site plan/building permit authorization was approved in
early 2018. Construction of the facility began in summer and is anticipated to be completed in
spring 2019.
Residential Projects
Springs at Cobblestone Lake – Continental 432 Fund, LLC began construction of 196-unit multi-
family apartment development on the last tract of residential land in Cobblestone Lake. The 11.8-
acre parcel is located in the northeast corner of Pilot Knob Road and CSAH 46.
Quarry Ponds Fifth Addition – Development that included will result in the construction by Key
Land Homes of 42 single-family lots on 15 acres on property located along the west side of
Johnny Cake Ridge Road, north of 157th Street West.
Splinter Addition – Two property owners in the Lebanon Hills neighborhood at 129 and 135
Surrey Trail South worked together to readjust a common lot line so that the neighbor at 129
Surrey Trail South could construct a 744 sq. ft. detached garage. Variances were granted so
that the shed could be situated to minimize site disturbance and tree removal in the heavily
wooded neighborhood.
The Shores Townhomes – Rockport, LLC and Pulte Homes of Minnesota, LLC submitted an
application for approval of a townhome project in the Fischer mining area. The application
include requests for an amendment to the 2030 Comprehensive Land Use Map, rezoning,
subdivision, conditional use permit for alternative exterior materials, and site plan/building permit
authorization to allow for a 101-unit townhome project on 9.8 acres located at the northeast
corner of 157th Street West and Johnny Cake Ridge Road. Review of this project will continue
into 2019.
Legends of Apple Valley (formerly Valley Bluffs Senior) – Construction was completed and
the grand opening was held for the Legends of Apple Valley, 14050 Granite Ave, on July 26,
2018. The 163-unit affordable senior apartment building includes an active outdoor community
deck area, heated underground parking, fitness center and community room with fireplace and
full kitchen. The signature art piece, located on the northwest corner of the site, is an eye-
catching 20’ sculpture that is visible when waiting at the Cedar Ave and 140th Street W. traffic
signal or passing by on Cedar Ave.
Nuvelo (formerly Bigos Kelley Park) - Construction is underway on the two multiple family
apartment buildings flanking Fresco Terrace south of Kelley Park. The project size and scope
were reduced after meeting with the surrounding neighborhood June 2017. The resulting
project was a 61-unit 4-story building on the west side of Fresco Terrace and a combination 3-
and 4-story 114-unit building on the east side of Fresco Terrace. The development offers the
first live-work facility with a 1,100 sq. ft. dedicated workspace area that includes a lounge area,
conference rooms, rest rooms and dedicated parking spaces to support residents who may
conduct home-based businesses. Both buildings will have rooftop decks and the east building
will contain the shared community outdoor area with pool, grilling stations, and bocce ball courts
Delegard Apple Villa Apartments – Construction is wrapping up for the new 28-unit Apple Villa
Apartment building at 7800 Whitney Drive. The long-time owners of the property requested a
comprehensive plan amendment, establishment of a planned development zoning district,
variances and final plat in order to construct the new building on the existing site. A detached
garage structure in the center of the site was demolished and relocated to the side of the site to
make room for the new building and to provide screening between the apartment site and the
residential properties to the west. In connection with the project, the owners cleaned and
painted the exterior of the existing buildings constructed in the early 1970s to match the new
building and update the appearance of the overall site.
Variance, Interim Use Permits
The number of variances and interim use permits reviewed in 2018, is consistent with other
years. Many of the applications accentuate the City’s goal to be a “Community for a Lifetime”
and offer “universal design” features. Most of the variances approved in 2018 allowed
homeowners to further invest in their properties by adding bedrooms, kitchens, and other
expansions. An Interim Use Permit allowed a family to continue living in their home by
constructing a driveway needed for medical care access.
Grier Garage Variance – A front setback variance was approved at 216 Edgewood Lane so
that the owner could replace an existing single stall garage with an updated 3-stall garage. The
home, constructed in 1965, suffered significant damage from a fire. The owners of the house
were next door neighbors and planned to update the home to allow a son and his family to
move back to Apple Valley from Iowa. The variance allowed the home to be updated to better
meet the needs of a growing young family.
Christian Workshop Addition – The home at 13415 Gunflint Court was constructed on a
corner lot in 1983 so that the garage faced Gunflint Court while the front of the home faced 134th
Street W. In addition, the home was constructed on an angle, further reducing available space
on the south side of the property. A side yard setback variance allowed the homeowner to
construct a 466 sq. ft. workshop beside the garage while placing the addition in the functioning
rear yard of the property.
Lear Deck Variance – Sometimes research is needed to determine that a variance is not
required. A variance was found to not be needed in order to reconstruct a 12’ x 12’ deck on the
townhome located at 8592-134th Street W. The home was constructed in 1983, making it
subject to the requirements of the zoning code in effect in 1976.
Institutional Projects
ISD 196 Safety Improvement Projects - Independent School District 196 has completed most of
the school construction projects that began in 2017. The construction resulted from a special
bond referendum that voters approved in 2015 to improve the safety and security of ISD 196
buildings throughout the District. All of the school entrances in Apple Valley were updated and
enhanced to better control and identify visitors entering the buildings. In addition, surveillance and
other safety equipment were also updated and site safety was improved by reconfiguring student
drop-off/pick-up areas for buses and parents.
Dakota County Residential Organics Drop off IUP – Dakota County applied for an Interim
Use Permit (IUP) to create a residential organics drop off site on the north side of the Western
Service Center (WSC) building at 14955 Galaxie Ave. Dakota County made the request while it
was in the process of expanding its dumpster enclosure area. The Planning Commission
reviewed the request and, citing concerns about possible impacts to the commercial center of
Apple Valley, did not support the request. Dakota County decided to explore other locations in
Apple Valley and withdrew its request before it was considered by the City Council.
Zoning Code Amendments
Impervious Surface Coverage - The updated Impervious Surface Coverage ordinance was a
collaboration between several departments including Community Development, Natural
Resources, Engineering and the City Attorney’s office. The ordinance was enacted to address
issues homeowners were encountering who lived in neighborhoods zoned “Planned
Development” (PD). Many of the PD developments were established with maximum building
coverage requirements with no regulation of impervious surface area. As the economy has
improved, more residents have been making improvements to their homes by constructing
additions and other improvements. The building coverage requirement hindered property
owners from expanding their homes. Switching to a maximum impervious surface area will
work better for residents and will help the City to meet its goals related to stormwater
management.
Front Porch Setback Ordinance Amendment – The Planning Commission has recommended
a code amendment allowing covered front porches to extend into the front yard setback by 8
feet. Current code allows uncovered front porches to extend 8 feet. Staff has worked with
several residents seeking to update the front entry of their homes and processed several
variances to this code. Final review by the City Council is anticipated in early 2019.
Melby Property Zoning Appeal – Staff began work on a request by Miller Farms of Lakeville,
LLC on an appeal to the Zoning Administrator’s finding that a residential use is not permitted on
property located at 5751 150th Street West in the “BP” (Business Park) zoning district. Review
of this request will continue in 2019.
Other
2040 Comprehensive Plan Update – SRF Consulting Group was retained to be the lead
consultant and has been responsible for the preparation of the required land use, housing, and
transportation chapters; and the vision and community context chapters. Separate consultants
were retained to prepare the water resources and parks chapters and the active living elements
of the 2030 Plan.
The Planning Commission, acting as the steering committee for the project, met with the
consultants on seven occasions in 2017-18 to review and provide input on the Plan's
chapters. The consultant also attended the 2017 Home and Garden Expo, conducted an online
survey, and met with several stakeholders such as DARTS, School District 196, Dakota County
Community Development Agency, Apple Valley Chamber of Commerce, the Dakota County
Transportation Division, and the Alliance for Sustainability.
Other outreach efforts included City staff attending this year's Home and Garden Expo and
having Comp Plan information available for review by the attendees. Open houses were held
on April 30 and May 7 at the City Council chambers where the public had an opportunity to
review and discuss with staff the proposed update.
On May 24, 2018, the City Council authorized distribution of the draft Plan to adjacent
communities, Dakota County, Independent School Districts 191 and 196, Black Dog and
Vermillion Watershed Districts, MnDOT, and our Metropolitan Council sector representative.
The Plan was sent to these entities on May 31, 2018, for their 6-month review. A public hearing
to receive comments on the draft 2040 Comprehensive Plan was held by the Planning
Commission on June 6, 2018.
Finally, On December 28, 2018, the City Council approved the submission of the Plan the
Metropolitan Council for their review and the Plan was submitted on December 31. The Met
Council will have 120 calendar days to complete their review and to take final action. Once the
they make their determination, a letter will be sent explaining their action and the steps. Upon
receipt of the Metropolitan Council's letter, the final draft Plan will be reviewed by the Planning
Commission and a recommendation will be made by the Commission to the City Council. The
City Council will then be asked to make a final decision on the adoption of the 2040
Comprehensive Plan Update.
Sketch Plan Reviews Held
Two sketch plan reviews were held in 2018, Ryan Real Estate Redevelopment and Springs at
Cobblestone Lake which both resulted in formal applications which were approved.
I T E M: 4.E .
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
Receive Telecommunications Advisory C ommittee 2018 A nnual Report
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:
Receive the Telecommunications Advisory C ommittee 2018 A nnual Report.
S UM M ARY:
Attached for your receipt is a copy of the 2018 Annual Telecommunications Advisory
Committee Report for the C ity of Apple Valley.
B AC K G RO UND :
T he report was approved by the Telecommunications Advisory C ommittee on March 4,
2019. T he report outlines activities and accomplishments of the Committee for the previous
year.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R eport
City of
MEMO
Administration
TO: Mayor, City Council, and City Administrator
FROM: Telecommunications Advisory Committee
DATE: March 4, 2019
SUBJECT: 2018 ACCOMPLISHMENTS
The Telecommunications Advisory Committee held three meetings in 2018. The members of the
Committee in 2018 were Barry Berg, Jerry Brown, David Cherner, Dale Rodell, and Carson
Turnquist. Jerry Brown served as Chair and David Cherner served as Secretary.
Major accomplishments and/or undertakings by the Telecommunications Advisory Committee
during 2018 include:
• Completion of Charter Cable Franchise Renewal Process: The City completed the
renewal of the franchise agreement with Charter Communications. The previous agreement
took effect in 1999 and has a term of 15 years. Typically, the franchise renewal process
takes three years. However, this process was extended. The City used the legal services of
Mr. Bob Vose of the firm Kennedy and Graven. The City worked jointly in the renewal
process with the Cities of Farmington and Rosemount. While each city has its own franchise
ordinance, the language is virtually identical in each, allowing for more efficient joint
administration of the three franchises and cohesive partnership in the cable commission.
• Frontier Communications Competitive Franchise: Frontier Communications applied for
a competitive cable franchise in 2016. While traditional cable service would require a
competitor to “overbuild” the city with a new network, Frontier proposed to use new
technology that allows them to provide cable service over their existing telephone system.
Frontier shared maps of its progress in the winter of 2018.
• Participation in Joint Powers Cable Commission: The City of Apple Valley participated in a
joint powers agreement with the Cities of Farmington and Rosemount to provide for certain
cable television services. The group approved an operating budget for 2019.
• Review of Cable-related Complaints. The Committee reviewed cable complaints received
by Commission staff. The number of complaints in recent years has been historically low
and most pertain to unburied service drops or billing issues.
• Franchise Fee and PEG Fee Review: Pursuant to both franchise agreements, the cable
company is obligated to pay the City an annual franchise fee equivalent to 5% of their annual
gross revenues. Under both agreements, the Cable Company is required to make quarterly
franchise fee payments, rather than annual payments. The total quarterly payments were as
follows:
Quarter Franchise Fees PEG Fees
First Quarter 2018 $159,432.46 $15,014.00
Second Quarter 2018 $157,993.24 $14,645.00
Third Quarter 2018 $165,542.00 $17,070.25
Fourth Quarter 2018 $170,435.41 $21,848.25
Total $653,403.11 $68,577.50
The franchise fee for 2018 totaled $653,403.11, up slightly from $651,474.38 in 2017.
Quarter Franchise Fees PEG Fees
First Quarter 2017 $162,150.99 $15,429.50
Second Quarter 2017 $163,594.68 $15,375.50
Third Quarter 2017 $163,611.28 $15,233.00
Fourth Quarter 2017 $162,117.43 $15,186.00
Total $651,474.38 $61,224.00
Pursuant to the franchise agreements, the Cable Company is obligated to collect a PEG
fee for the City. Per the previous franchise agreement, the City’s PEG fee was $.50 per
subscriber. This was increased to $.75 per subscriber under the new franchise and
collections began around July. The City received PEG fees for $68,122.25 for 2018. The
PEG fee revenue for 2017 was $61,224.00, as shown above. The PEG fee revenues
increased because of the $.25 per subscriber, per month increase in the fee. The PEG fee
revenues are used to finance the City’s capital needs and can’t be used for non-capital
operational expenses under the new franchise.
• Capital Equipment Planning and Acquisition: The cable commission created a mini-
head-end in the Apple Valley Municipal Center. The signals for all three-government
channels are sent from the control rooms to the Municipal Center server room. From there,
the signals are sent to each of the cable providers. In addition, the channels are now
narrowcast. In other words, each city sees its own meetings on the same channel number and
is unable to see meetings of the other cities.
• Cablecast of Public Meetings: Cablecasting of City Council and Planning Commission
meetings continued in 2018. In addition, City of Farmington and Rosemount City Council
and Planning Commission meetings and Dakota County Board meetings were also televised.
• Government Access Programming: The Commission now operates three separate
Government Access Channels on Charter channel number 180 and continues to provide
government access for the joint powers commission established by the Cities of Apple
Valley, Farmington, and Rosemount. Programming and bulletin board materials can be
unique or shared by the member cities. In 2017, cable commission staff switched video
formats from the traditional 30-minute shows to short 2 to 3 minute segments better designed
for cross promotion on websites and social media. Public reaction to the shorter video format
has been positive and City staff finds production of the shorter segments to be more
manageable within their schedules. There were 54 segments produced for Apple Valley in
2018. The City also used City and Commission staff to produce a video of the State of the
City address. The City continued to cablecast live Planning Commission and City Council
meetings. These meetings were recable-cast periodically.
• Public Access Television: Under the new franchise agreement, Charter Communications is
no longer required to provide the same public access television opportunities provided in the
past. In 2010, Charter transferred this responsibility to the Cities in the joint powers
commission. The cities provided video bulletin board messages on the channel, but not
program playback.
• Joint Powers Commission Summary: Since its inception, the Commission has provided
staffing and support services to the Cities of Apple Valley, Farmington, and Rosemount.
During 2018, the three cities used two full-time and one part-time staff members to
accomplish these duties. The staff created 107 video segments for the three cities.
The Telecommunications Advisory Committee welcomes direction from the City Council as well as
any recommendations, questions, or concerns.
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Continuation of C ommission/Committee R ecognition P rogram
S taff Contact:
B arry B ernstein, Director of Parks & Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve continuation of Commission/C ommittee Recognition Program in 2019.
S UM M ARY:
Approval is being sought for continuation of the Committee/C ommission Recognition
Program allocating a credit of up to $720 per member toward their participation in C ity of
Apple Valley services and activities.
B AC K G RO UND :
T he C ity of Apple Valley C ommission/C ommittee Recognition Program was established in
1994 as a means of thanking the volunteers of the Planning C ommission, Parks and
Recreation A dvisory Committee, and the Urban Affairs C ommittee for their time and
services. Upon their formation, the C emetery Advisory C ommittee was added to the program
in 1999, the Traffic Safety Advisory C ommittee in 2001, and the Telecommunications
Advisory C ommittee in 2017.
T he C ity Attorney has reviewed the program and has determined that it is acceptable so long
as the appropriate IRS 1099 tax forms are distributed to those who annually elect to
participate in the program.
T he program allocates an annual credit of $720 per member of the commission and
committees towards their participation in City of Apple Valley activities. Of the 37 eligible
participants in 2018, 20 exercised their credit options. Distributed were 132 rounds of golf,
21 multiple admission Family Aquatic C enter cards, 4 multiple admission Water Walking
passes, a Redwood pool rental, facility and equipment rentals, and recreation classes.
B UD G E T I M PAC T:
If all 40 eligible members took advantage of the program, the value of the services provided
would be a maximum of $28,800. Last year approximately 54% of the eligible members
participated in the program for an estimated value of $15,568. T hese are not actual budget
dollars expended, but rather the value of the services provided.
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving D elegation of A uthority for Paying Claims
S taff Contact:
Ron Hedberg, F inance Director
D epartment / D ivision:
F inance Department
AC T I O N RE Q UE S T E D:
Adopt resolution approving the Delegation of Authority for paying claims.
S UM M ARY:
Minnesota Statute 412.271, Subd. 8, provides for the delegation for paying claims to an
Administrative Official, and this delegation is to be documented by a resolution of the C ity
Council. An Administrative Official is defined in the statute as the C ity Administrator,
Treasurer, senior fiscal officer, and/or C ity C lerk.
B AC K G RO UND :
T he recently adopted purchasing policy and the past purchasing policy identified that certain
claims would be paid prior to the approval of the full City C ouncil. T he process includes
paying of approved claims on a weekly basis and these weekly claims lists are then
presented to the C ity C ouncil on their next regularly scheduled C ity C ouncil meeting.
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. 2019-___
RESOLUTION APPROVING THE DELEGATION OF AUTHORITY FOR PAYING CLAIMS
WHEREAS, Minnesota Statute 412.271 Subd. 8 authorizes the city to delegate authority to
pay certain claims against the City by a City Administrative Official; and
WHEREAS, the City Administrator and Finance Director are City Administrative Officials;
and
WHEREAS, the City of Apple Valley desires to authorize the City Administrator and Finance
Director to pay all claims that these Administrative Officials deems just, correct and valid; and
WHEREAS, the City Administrator and Finance Director will have presented to the City
Council at the first council meeting after payment of claims a list of claims paid and explanation of
the payment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley
that the City Administrator and Finance Director are authorized to pay claims presented to the City
if in the City Administrator and Finance Director’s discretion the claims are just, correct and valid.
ADOPTED this 28th day of March, 2019
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
Continue Consideration of Springs at C obblestone L ake Sign Setback and Height Variance
Request, at 15899 E lmhurst L ane, to A pril 25, 2019 (Tabled from March 14, 2019)
S taff Contact:
T homas L ovelace, City P lanner
D epartment / Division:
C ommunity D evelopment Department
Applicant:
Continental 432 F und, L L C
P roject Number:
P C19-02-V
Applicant Date: 1/22/2019 60 Days: 3/23/2019 120 Days: 5/22/2019
AC T I O N RE Q UE S T E D:
A motion to continue the Springs at C obblestone Lake sign setback and height variance
request to the April 25, 2019, City C ouncil meeting.
S UM M ARY:
Continental 423 Fund, LLC, has requested that consideration by the C ity C ouncil of height
and setback variances for the Springs at C obblestone Lake multi-family residential
monument sign at 15899 Elmhurst Lane, be continued to the April 25, 2019, C ity Council
meeting.
T he applicant has been working on a proposal for a monument sign along the east side of
Pilot Knob Road that would not require any variances. T he proposed sign and a retaining
wall around the sign would however encroach 12 feet into an existing 25-foot wide drainage
and utility easement, which is the location of a 24-inch watermain. T his proposal would
require C ity Council approval of a license agreement to allow for the encroachment into the
easement. Before considering this encroachment, staff will need to be assured that the
location of the sign and retaining wall will not impede access to the watermain or otherwise
impact our current or future use of the drainage and utility easement.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
C orrespondence
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Designating E vermoor P arkway a Municipal State A id Street f rom Diamond
P ath (C S A H 33) to Eastern City L imit (C ity of R osemount)
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:
Adopt resolution designating Evermoor Parkway as a Municipal State Aid Street from
Diamond Path (C S A H 33) to the east C ity limit (City of Rosemount).
S UM M ARY:
As the City has grown and added to its street network, it is given the opportunity to designate
City streets to the Municipal State Aid System (MSA S). With each roadway that is built,
State Aid allows the City to add a percentage of the length of new roadway to the MSA S.
Apple Valley currently has 1.72 miles available to designate to the system. In reviewing the
existing State Aid street network and working with the City of Rosemount, staff has
concluded that this segment best fits the requirements necessary to be designated as a State
Aid route.
T he C ity of Rosemount is intending to designate Evermoor Parkway to the MS A S from
Apple Valley city limits to Shannon Parkway and connect to existing MS A S designation
from Shannon Parkway to C onnemara Trail. Designating the segment of Evermoor Parkway
would complete the Municipal State Aid route from Diamond Path in Apple Valley to
Shannon Parkway in Rosemount.
B AC K G RO UND :
A map of the proposed street designation is attached (Figure: 1).
B UD G E T I M PAC T:
With this segment dedicated to the MS A S, the City will be able to maximize available
funding and utilize State Aid funds for street work on this segment of roadway.
AT TAC HM E NT S:
Map
R esolution
EVERMOO
R
P
K
W
Y
DANUBE
L
N
DIAMOND
PATHSHAN
N
O
N P
K
WY
DAFF
O
DI
L
P
A
T
HDOWNEY TRLDA
L
T
O
N
L
N
129TH ST W
DANNER PATHDRUMCLIFFE WAY133RD CT W
DANUBE CIR
DRUMCLIFFE PATH
DRUMCL
I
F
F
E
C
T
DRUMCLI
F
F
E
C
I
R
CRUSHEEN CTDANUBE CTDOMINI
C
A
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A
Y DERRYGLENN CTDER
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Y
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O
O
R
CT
CROOKHAVEN CTDakota County GIS
500 0 500250
Feet²2019 Proposed MSAS Designation
Proposed extension of MSAS 138
0.17 Miles Proposed Rosemount MSAS 138
0.77 Miles
CSAH 33
Proposed MSAS Segments
Proposed MSAS Route
Proposed Rosemount MSAS Route
All Other Segments
County State-Aid Highway (CSAH)
MSAS Existing
Public Roads
Private
Existing MSAS Route 106
Existing MSAS Route 138
Apple Valley / Rosemount Border
),*85(
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION DESIGNATING EVERMOOR PARKWAY
AS A MUNICIPAL STATE AID STREET FROM DIAMOND PATH (CSAH 33) TO THE
EAST CITY LIMIT (CITY OF ROSEMOUNT)
WHEREAS, the City Engineer has recommended to the City Council of the City of Apple
Valley that the street hereinafter should be designated Municipal State Aid Street under the
provision of Minnesota Law.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley
that the road be described as follows, to-wit;
1. MSAS 138: Evermoor Parkway - from Diamond Path (CSAH 33) to the east city
limits (City of Rosemount) (0.17 existing miles) (note: Rosemount will be
extending Evermoor Pkwy to their west city limits) be, and hereby is established,
located and designated a Municipal State Aid Street of said City, subject to the
approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to
forward two certified copies of this resolution to the Commissioner of Transportation for
consideration, and that upon his approval of the designation of said road or portion thereof, that
same be constructed, improved and maintained as a Municipal State Aid Street of the City of
Apple Valley, to be numbered and known as a Municipal State Aid Street.
ADOPTED this 28th day of March, 2019
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Amending Parking R estrictions along a Portion of B aldwin D rive
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:
Amend Resolution No. 1976-63 restricting parking along a portion of Baldwin Drive.
S UM M ARY:
Attached for City C ouncil consideration is a resolution amending a previous no parking
resolution along the south side of Baldwin Drive. T he amended parking restrictions would
become effective upon the completion of the street/utility rehabilitation project which will be
undertaken in the area during the 2019 construction season.
T he new resolution will allow parking along the south side of Baldwin Drive, from Lowell
Drive west to Baldwin C ircle while still leaving the block from Lowell Drive east to Garden
View Drive as no parking (see attached exhibit). T his request is based on public comments
at the City’s 2019 Street/Utility Project N eighborhood meeting earlier this winter.
Currently Baldwin Drive exists as a 28-foot wide street with no parking allowed anytime on
the south side and restricted only in summer evenings (May-August, 5-9 p.m.) on the north
side. Valley Middle Park exists along the south side of the roadway. In the summer, Valley
Middle Park sees extensive use of the three ball fields on the property along with another
three fields on the adjacent ISD 196 school property. At the C ity’s Street/Utility Project
Neighborhood meeting in November 2018, residents expressed an interest in allowing parking
along the south side of Baldwin to accommodate parents and spectators of the summertime
youth ball games at the nearby fields. T he intent of providing additional parking near the
fields, is to reduce the number of spectators parking in the neighborhoods. T he remaining
block from Lowell Drive east to Garden View Drive will continue to have parking restricted
along the south side of Baldwin Drive at all times.
To accommodate this parking request, staff reviewed the existing street width and is planning
to widen the south side of the street by 4-feet adjacent to the park from Baldwin Circle to
Lowell Drive. T his will provide a safer parking width area to accommodate cars along the
south side while still providing sufficient lane width for the vehicles traveling along Baldwin
Drive.
B AC K G RO UND :
On April 28, 1976, the City C ouncil approved Resolution N o. 1976-63 which restricted
parking at all times along the south side of Baldwin Drive from G arden View Drive to the
west end of the park property.
On A pril 23, 1992, the C ity C ouncil approved Resolution No. 1992-105 which restricted
parking from May through August, 5 to 9 p.m. daily along the north side of Baldwin D rive
from Hopewell Lane to Garden View D rive.
B UD G E T I M PAC T:
None.
AT TAC HM E NT S:
Exhibit
R esolution
Lowel
l
Dr
ive
Hopewel
l
Lane
Baldwi
n
D
ri
v
e Garden View DriveBaldw
in
C
irc
le
1075
1029
939
1068
913
1052
101510441048102810321036
1009
1033
1020
943
1040
1021
1069
909
964
1065
1049
1005
10251064
917
1061
1041
1055
1059
1019
10011011
1057
1037
1053
1045
1024
1063
10401067
1056
1060
Ramsdell Drive
DATE:COMM:BALDWIN DRIVE PARKING.DWG
CITY OF APPLE VALLEY
2019 STREET & UTILITY IMPROVEMENTS
BALDWIN DRIVE PARKING
03-19-2019 2019-101
FIGURE 1
FEETSCALE
0 100'50'
N
Existing No Parking Zone
Proposed On-street Parking
Existing No Parking
May 1st to Aug. 31st,
Mon-Sun 5pm to 9pm
CITY OF APPLE VALLEY
RESOLUTION NO. 2019- __
A RESOLUTION AMENDING RESOLUTION NO. 1976-63 RESTRICTING PARKING
ALONG A PORTION OF BALDWIN DRIVE
WHEREAS, on April 28, 1976 the City Council approved Resolution No. 1976-63 which
restricted parking at all times along the south side of Baldwin Drive from Garden View Drive to
the west end of the park property; and
WHEREAS, at the City’s 2019 Street/Utility Project Neighborhood meeting in November
2018, residents expressed an interest in allowing parking along the south side of Baldwin to
accommodate the parents and spectators of summertime youth ballgames at the nearby fields; and
WHEREAS, in conjunction with the City’s 2019 Street/Utility Project staff is planning to
widen the south side of Baldwin Drive by 4-feet adjacent to the park from Baldwin Circle to
Lowell Drive. This will provide a safer parking width area to accommodate cars along the south
side while still providing sufficient lane width for the vehicles traveling along Baldwin Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that upon the completion of the 2019 Street/Utility Project
Resolution No. 1976-63 is hereby amended to restrict the parking of vehicles in the following
location:
Along the south side of Baldwin Drive from Lowell Drive east to Garden View Drive.
BE IT FURTHER RESOLVED that existing No Parking signs along the south side of
Baldwin Drive, from Lowell Drive west to Baldwin Circle are hereby ordered to be removed
following the completion of the 2019 Street/Utility Project.
ADOPTED this 28th day of March 2019.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela Gackstetter, City Clerk
I T E M: 4.K .
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving Plans and S pecifications f or P roject 2018-133, Cobblestone Manor
(A L -P 3) S tormwater I mprovements for A limagnet L ake, and A uthorizing Advertising for Receipt
of B ids, at 10:00 a.m. on A pril 23, 2019
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:
Adopt resolution approving plans and specifications for Project 2018-133, C obblestone
Manor (A L-P3) Stormwater Improvements for Alimagnet Lake, and authorizing receipt of
bids at 10:00 a.m. on April 23, 2019.
S UM M ARY:
T he C ity's 2018-2022 Capital Improvement Program identifies stormwater improvements at
the following location:
Cobblestone Manor (A L-P3) in the Alimagnet Lake Watershed
Scope of work generally consists of removal of approx. 70,000 C Y of excess sediment,
construction of an aquatic bench and landscaping, and modifications to storm sewer outlet
structures within an existing stormwater basin. A map of the proposed project area is
attached (Figure: 1).
B AC K G RO UND :
Vermillion River Watershed J oint Powers O rganization finalized a subwatershed assessment
for Alimagnet Lake in April 2016, which outlined recommended improvements.
T he C ity C ouncil adopted Resolution 2018-57 on May 10, 2018, directing the preparation of
plans and specifications for Project 2018-133, C obblestone Manor (A L-P3) Stormwater
Improvements for Alimagnet Lake.
B UD G E T I M PAC T:
Project costs and funding included in the adopted 2019 operating budget are summarized as
follows:
Estimated Project C osts:
Construction C ost $ 225,000
Contingency (10%)$ 22,500
Engineering, C ontract Admin, Inspection, Testing, Survey 40,000
Total Estimated C ost $ 287,500
Estimated Project Funding
Clean Water Fund Grant $ 74,500
Storm Sewer Utility (Sediment Removal)90,000
Storm Sewer Utility 123,000
Total Estimated Funding $ 287,500
AT TAC HM E NT S:
Map
R esolution
Exhibit
2..
FEETSCALE
0 30001500
TYPE
N
2018-133, Cobblestone Manor (AL-P3) Stormwater
Improvements for Alimagnet Lake
City of Apple Valley
Figure 1
AL-P3
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND DIRECTING RECEIPT OF SEALED BIDS FOR
PROJECT 2018-133, COBBLESTONE MANOR (AL-P3) STORMWATER IMPROVEMENTS
FOR ALIMAGNET LAKE
WHEREAS, the Apple Valley City Council has reviewed plans and specifications for
Project 2018-133, Cobblestone Manor (AL-P3) Stormwater Improvements for Alimagnet Lake;
and
WHEREAS, the City Council believes that the interests of the City would be best served
by receiving sealed bids based on said plans and specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1. Such plans and specifications for Project 2018-133, Cobblestone Manor (AL-P3)
Stormwater Improvements for Alimagnet Lake, a copy of which is on file in the
office of the City Clerk and made a part hereof, are hereby approved.
2. The City Clerk is hereby authorized to receive sealed bids for Project 2018-133,
Cobblestone Manor (AL-P3) Stormwater Improvements for Alimagnet Lake at
the time and place specified in the form of notice attached hereto as Exhibit A.
3. The City Clerk is further authorized and directed to cause an advertisement for
said bids to be posted on the City’s website and on the online Quest Construction
Data Network, not less than ten (10) days prior to the opening of said bids.
ADOPTED this 28th day of March, 2019
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
ADVERTISEMENT FOR BIDS
CITY OF APPLE VALLEY | PROJECT MANUAL
SECTION 00 11 13
ADVERTISEMENT FOR BIDS
Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center
7100 147th Street West, until 10:00 a.m., CDT, Tuesday, April 23, 2019, at which time they will be
publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the
following:
City Project 2018-133, Cobblestone Manor (AL-P3) Stormwater Improvements for
Alimagnet Lake
35 EA Clear and Grub Tree
1 LS Pond Dewatering
160 LF Remove Storm Sewer
5 EA Storm Sewer Structure
315 LF RCP Storm Sewer
700 CY Muck Excavation – Management Level 3
2,050 CY Common Excavation
370 CY Clay Pond Liner
10 TN Bituminous Mixture
14 CY Riprap
20 LF Concrete Curb and Gutter
3,000 SY Turf Restoration
13 EA 2” Diameter Tree
32 EA Deciduous Shrub
With related items
Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting
www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2590 for
questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk,
7100 147th Street West, Apple Valley, MN.
Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490.
Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in
accordance with the Instructions to Bidders.
The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed
60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of
60 days after the date and time set for the Opening of Bids.
The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein,
and further reserves the right to award the Contract to the best interests of the Owner.
This project is subject to Minnesota Department of Labor and Industry Prevailing Wage
and Truck Rental Rates.
Pamela J. Gackstetter, City Clerk
City of Apple Valley, Minnesota
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving Plans and S pecifications f or P roject 2018-134, S unset Pond (A L -
P 8) S tormwater I mprovements for A limagnet L ake, and A uthorizing A dvertising for R eceipt of
B ids, at 10:00 a.m. on A pril 23, 2019
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:
Adopt resolution approving plans and specifications for Project 2018-134, Sunset Pond (A L-
P8) Stormwater Improvements for Alimagnet Lake, and authorizing receipt of bids at 10:00
a.m. on April 23, 2019.
S UM M ARY:
T he C ity's 2018-2022 Capital Improvement Program identifies stormwater improvements at
the following location:
Sunset Pond (A L-P8) in the Alimagnet Lake Watershed
Scope of work generally consists of construction of an iron enhanced filter bench and gabion
wall construction within an existing stormwater basin. A map of the proposed project area is attached
(F igure: 1).
B AC K G RO UND :
Vermillion River Watershed J oint Powers O rganization finalized a subwatershed assessment
for Alimagnet Lake in April 2016 which outlined recommended improvements.
T he C ity C ouncil adopted Resolution 2018-58 on May 10, 2018, directing the preparation of
plans and specifications for Project 2018-134, Sunset Pond (A L-P8) Stormwater
Improvements for Alimagnet Lake.
B UD G E T I M PAC T:
Project costs and funding included in the adopted 2019 operating budget are summarized as
follows:
Estimated Project C osts:
Construction C ost $ 200,000
Contingency (10%)$ 20,000
Engineering, C ontract Admin, Inspection, Testing, Survey 40,000
Total Estimated C ost $ 260,000
Estimated Project Funding
Clean Water Fund Grant $ 75,000
Storm Sewer Utility 185,000
Total Estimated Funding $ 260,000
AT TAC HM E NT S:
Map
R esolution
Exhibit
2..
FEETSCALE
0 30001500
TYPE
N
2018-134, Sunset Pond (AL-P8) Stormwater
Improvements for Alimagnet Lake
City of Apple Valley
Figure 1
AL-P8
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND DIRECTING RECEIPT OF SEALED BIDS FOR
PROJECT 2018-134, SUNSET POND (AL-P8) STORMWATER IMPROVEMENTS FOR
ALIMAGNET LAKE
WHEREAS, the Apple Valley City Council has reviewed plans and specifications for
Project 2018-134, Sunset Pond (AL-P8) Stormwater Improvements for Alimagnet Lake; and
WHEREAS, the City Council believes that the interests of the City would be best served
by receiving sealed bids based on said plans and specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1. Such plans and specifications for Project 2018-134, Sunset Pond (AL-P8)
Stormwater Improvements for Alimagnet Lake, a copy of which is on file in the
office of the City Clerk and made a part hereof, are hereby approved.
2. The City Clerk is hereby authorized to receive sealed bids for Project 2018-134,
Sunset Pond (AL-P8) Stormwater Improvements for Alimagnet Lake at the time
and place specified in the form of notice attached hereto as Exhibit A.
3. The City Clerk is further authorized and directed to cause an advertisement for
said bids to be posted on the City’s website and on the online Quest Construction
Data Network, not less than ten (10) days prior to the opening of said bids.
ADOPTED this 28th day of March, 2019
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
ADVERTISEMENT FOR BIDS
CITY OF APPLE VALLEY | PROJECT MANUAL
SECTION 00 11 13
ADVERTISEMENT FOR BIDS
Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center
7100 147th Street West, until 10:00 a.m., CDT, Tuesday, April 23, 2019, at which time they will be
publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the
following:
City Project 2018-134, Sunset Pond (AL-P8) Stormwater Improvements for Alimagnet
Lake
6 EA Clear and Grub Tree
650 SY Remove Bituminous Pavement
1 LS Pond Dewatering
500 LF PVC Draintile
900 CY Common Excavation
610 SY EPDM Rubber Liner
50 EA Gabion Baskets: Types C, D, & F
30 TON Iron Filings
650 TON Select Granular Borrow, Washed Pit Run Sand
40 TON Select Granular Borrow
650 CY Course Filter Aggregate
100 CY Riprap
170 TN Cl 5 Aggregate Base
130 TN Bituminous Mixture
500 LF Silt Fence
1,700 SY Turf Restoration
With related items
Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $30 by visiting
www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2590 for
questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk,
7100 147th Street West, Apple Valley, MN.
Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490.
Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in
accordance with the Instructions to Bidders.
The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed
60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of
60 days after the date and time set for the Opening of Bids.
The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein,
and further reserves the right to award the Contract to the best interests of the Owner.
This project is subject to Minnesota Department of Labor and Industry Prevailing Wage
and Truck Rental Rates.
Pamela J. Gackstetter, City Clerk
City of Apple Valley, Minnesota
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Awarding Agreement f or P roject 2019-101, 2019 S treet and Utility
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:
Adopt resolution awarding agreement for Project 2019-101, 2019 Street and Utility
Improvements, to McNamara C ontracting, Inc., in the amount $3,102,402.90.
S UM M ARY:
On March 12, 2019, six (6) bids were received for the 2019 Street and Utility Improvements
project as described within the attached bid tabulation. Base Bids ranged from $3,102,402.90
to $4,381,196.20. McNamara C ontracting, Inc., submitted the low bid in the amount of
$3,102,402.90. T he low bid was $473,963.10 under the Engineers estimate of $3,576,366.00.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
City C ouncil adopted Resolution 2018-119 on August 23, 2018, directing the preparation of
plans and specifications for Project 2019-101, 2019 Street and Utility Improvements.
On February 14, 2019, C ity C ouncil adopted Resolution 2019-14, approving plans and
specifications and directing receipt of sealed bids for Project 2019-101, 2019 Street and
Utility Improvements.
T he C ity 2018-2022 Capital Improvement Program identifies potential utility replacement
and street reconstruction work on the following Streets in the Apple Valley 11th and 12th
neighborhood:
Lowell D rive
Lowell C ircle
Elm Drive
Ramsdell D rive
Baldwin D rive
Baldwin C ircle
Scope of work includes total replacement of approx. 5,952 linear feet of sanitary sewer,
water main and storm sewer, and street and sidewalk reconstruction.
Also, the existing 28’ roadway will be widened to 32’ to provide additional on-street parking
for park and recreation related events along the south side of Baldwin D rive from Baldwin
Circle to Lowell Drive. An 8’ bituminous trail will be added from Garden View Drive to
Hopewell Lane along the south side of Baldwin Drive for increased pedestrian accessibility.
Parking restrictions and modifications are also required on Baldwin Drive as part of a
separate resolution.
A map of the proposed project area is attached (Figure: 1).
B UD G E T I M PAC T:
Project costs and funding included in the adopted 2019 operating budget are summarized as
follows:
Estimated Project C osts: Estimated Awarded C osts
C onstruction C ost $ 3,576,366.00 $ 3,102,402.90
C onstruction C ontingency 223,522.00 697,485.10
Engineering, C ontract Admin, Inspection,
Testing, Survey
670,569.00 670,569.00
Total Estimated Cost $ 4,470,457.00 $ 4,470,457.00
Estimated Project Funding
Water Utility $ 915,247.00 $ 915,247.00
Sanitary Sewer Utility 959,454.00 959,454.00
Storm Sewer Utility 637,920.00 637,920.00
Road Improvement Fund 1,957,836.00 1,957,836.00
Total Estimated Funding $ 4,470,457.00 $ 4,470,457.00
AT TAC HM E NT S:
Map
R esolution
Exhibit
150th Street W (CSAH 42)Redwood DriveRedwood DriveWhitney Drive
Rom
e
Drive
Rome CourtRe
d
w
o
o
d
Cir
c
l
e
Keller
Lake Ro
a
d
City of
Burns
vill
e
Hopewell LaneLowell Drive
Ramsdell Drive
Baldwi
n
D
ri
v
e
BaldwinCirlceElm Drive2019 Street and Utility Improvements Figure 1
City of Apple Valley
2019 Capital Improvement Program Areas
FEETSCALE
0 400200
HORZ.
N
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2019-101
2019 STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2019-101, 2019 Street and Utility Improvements, bids were received, opened and tabulated
according to law and the following bids were received complying with the advertisement:
(Tabulation attached as Exhibit A), and;
WHEREAS, it appears McNamara Contracting, Inc., is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with McNamara Contracting, Inc., for its base bid in the amount of $3,102,402.90 for
the completion of Project 2019-101 according to the plans and specifications heretofore
approved by the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the deposits
made with their bids, except that the deposits of the successful bidder and the next lowest bidder
shall be retained until a contract has been signed.
ADOPTED this 28th day of March, 2019.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
EXHIBIT A
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Awarding Agreement f or P roject 2019-114, Family A quatic Center Pool S hell
Repair
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:
Adopt resolution awarding Project 2019-114, Family Aquatic C enter Pool Shell Repair, to
US A C onstruction, LLC, in the amount of $159,860.00.
S UM M ARY:
Staff is seeking authorization to enter into an agreement with US A C onstruction, LLC, as the
lowest responsible bidder at $159,860.00, for Project 2019-114, Family Aquatic C enter
Pool Shell Repair.
B AC K G RO UND :
On T hursday, February 28, 2019, sealed bids were opened for the purpose of entering into a
written agreement to remove and reapply pool shell material. T he lowest responsible bidder
was US A C onstruction, LLC, for a total cost of $159,860.00.
Northern Pool Restoration, LLC $195,883.00
USA Construction, LLC $159,860.00
B UD G E T I M PAC T:
$159,860.00. Funds have been allocated within the 2019 Budget.
AT TAC HM E NT S:
R esolution
Bid / Quote Tabulation
Proposal
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION AWARDING CONTRACT FOR
PROJECT NO. 2019-114; FAMILY AQUATIC CENTER POOL SHELL REPAIR
WHEREAS, pursuant to Resolution No. 2019-16 sealed bids have been received for
Project No. 2019-114; “Family Aquatic Center Pool Shell Repair”; and
WHEREAS, a tabulation of said bids is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
The bid of USA Construction, LLC, in the total amount of $159,860.00 based on the bids
listed in Exhibit A, is hereby found to be the lowest responsible bid meeting specifications.
The Mayor and City Clerk are hereby authorized and directed to enter into a contract with
USA Construction, LLC, for its bid, in the total amount of $159,860.00, in accordance with
Exhibit A and the specifications heretofore approved by the Council and on file in the office of
the City Clerk.
The City Clerk is hereby authorized and directed to return to all bidders the deposits
made with their bids, except the deposits of the successful bidder and the next lowest bidder shall
be retained until a contract has been signed.
ADOPTED this 28th day of March, 2019.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
__________________________________
Pamela J. Gackstetter, City Clerk
Exhibit A
CITY OF APPLE VALLEY
PROJECT 2019-114; FAMILY AQUATIC CENTER POOL SHELL REPAIR
PROPOSAL DATE: Thursday, February 28, 2019 – 10:00 a.m.
Total Bid Notes
1
Horizon Pools
444 Round Lake Road West
Arden Hills, MN 55112
651-917-3075
Certified Check,
Cashiers Check,
Bid Bond
No Bid
2
Olympic Pools
135 Atwood Street South
Shakopee, MN 55379
952-224-2200
Certified Check,
Cashiers Check,
Bid Bond
No Bid
3
Prestige Pools
87 W County Road C
St. Paul, MN 55117
651-490-1399
Certified Check,
Cashiers Check,
Bid Bond
No Bid
4
Northern Pool Restoration
1491 92nd Lane NE
Blaine, MN 55449
763-762-8198
Certified Check,
√ Cashiers Check,
Bid Bond
$195,886.00
5
American Fence Company
Attn: Derek Hill
15225 Industrial Road
Omaha, NE 68144
531-329-4444 ext 254
Certified Check,
Cashiers Check,
Bid Bond
No Bid
6
USA Construction, LLC
10800 Alpharetta Hwy
Ste. 208-522
Roswell, GA 30076
1-877-248-1872
Certified Check,
Cashiers Check,
√ Bid Bond
$159,860.00
Present: City Clerk Pamela Gackstetter Parks Superintendent Mike Endres
Administrative Coordinator Dorene Perkins Monn
Exhibit A
CITY OF APPLE VALLEY
PROJECT 2019-114; FAMILY AQUATIC CENTER POOL SHELL REPAIR
PROPOSAL DATE: Thursday, February 28, 2019 – 10:00 a.m.
Total Bid Notes
7 Michelle Payne
michelle@usamanagement.com
Certified Check,
Cashiers Check,
Bid Bond
No Bid
8 Dodge Data & Analytics
Joan.Dequiso@construction.com
Dodge Number 201800892826
Certified Check,
Cashiers Check,
Bid Bond
No Bid
9 Dodge Data & Analytics
Notify@quickbase.com
Dodge Number 201800892826
Certified Check,
Cashiers Check,
Bid Bond
No Bid
10. Global Specialty Contractors, Inc.
3220 Terminal Drive
Eagan, MN 55121
651-353-2176
Certified Check,
Cashiers Check,
Bid Bond
No Bid
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Awarding Agreement f or P roject 2019-121, L ebanon Cemetery Boundary
F ence
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:
Adopt resolution awarding agreement for Project 2019-121, Lebanon Cemetery Boundary
Fence, to Pember C ompanies, Inc., in the amount $260,924.40.
S UM M ARY:
On March 12, 2019, two (2) bids were received for the Lebanon C emetery Boundary Fence
project as described within the attached bid tabulation. Base bids ranged from $229,739.00
to $310,022.00.
One alternate bid item for $31,185.40 was included to add to the base bid and is
recommended as part of the project scope for a contract total of $260,924.40. T his alternate
item is for landscape rock and edging under the decorative fence throughout the entire
cemetery.
Pember C ompanies, Inc., submitted the low bid, including alternate 1, in the amount of
$260,924.40. T he low bid was $11,757.60 under the Engineers estimate of $272,682.00.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
On April 28, 2011, C ity Council accepted the update to the Master Plan for the Lebanon
Cemetery of Apple Valley. T he plan update provided a revised site plan that included
shifting the primary site access to the future extension of Embry Path. T his was done due to
the limited access onto County Road 42 and Pilot Knob Road.
Grading of the additional three (3) acres to the cemetery property was completed in 2017 as
part of Project 2017-106 along with the construction of Embry Path from C ounty Road 42
(Project 2017-135).
City C ouncil adopted Resolution 2017-205 on December 14, 2017, directing the preparation
of plans and specifications for Project 2018-109, Lebanon Cemetery Boundary Fence.
On J une 14, 2018, the C ity C ouncil rejected bids, Resolution 2018-81, for Project 2018-109,
Lebanon C emetery Boundary Fence, because the bids came in higher than estimated and
were not beneficial to the C ity. Internal roadways were improved and a new access was
constructed as part of Project 2018-110 in lieu of constructing the fence due to favorable
roadway bid results.
City C ouncil adopted Resolution 2019-17 on February 14, 2019, approving plans and
specifications and directing receipt of sealed bids for Project 2019-121, Lebanon Cemetery
Boundary Fence.
T he C ity of Apple Valley 2019 operating budget identifies the extension of the existing
decorative fence and brick pillars along Pilot Knob Road, C ounty Road 42 and Embry Path.
T his project is tentatively scheduled for Summer 2019 Construction.
A map of the proposed project area is attached (Figure: 1).
B UD G E T I M PAC T:
Project costs and funding included in the adopted 2019 operating budget are summarized as
follows:
Estimated Project C osts: Estimated
C osts
Awarded C osts
Construction C ost $ 272,682.00 $ 260,924.40
Contingency 13,634.00 25,391.60
Engineering & C onstruction A dmin.18,684.00 18,684.00
Total Estimated C ost $ 305,000.00 $ 305,000.00
Estimated Project Funding
Cemetery Fund $ 305,000.00 $ 305,000.00
Total Estimated Funding $ 305,000.00 $ 305,000.00
AT TAC HM E NT S:
Map
R esolution
Exhibit
150th Street W (CSAH 42)Pilot Knob RdEmbry PathEagle Bay Way
151st Street
Upper 147th St W
Energy Way
152nd St WEmory CirElysium Ave2019-121 Lebanon Cemetery Boundary Fence
City of Apple Valley
FEETSCALE
0 400200
HORZ.
N
Existing Chain Link
Fence (2018)
Existing
Decorative
Fence
Proposed Decorative
Fence
Proposed Decorative Fence
Existing Chain Link
Fence (2018)
Proposed Decorative Fence
Proposed Decorative
Fence
Proposed
Entrance Gate
Existing
Decorative
Fence
FIGURE 1
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2019-121
LEBANON CEMETERY BOUNDARY FENCE
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2019-121, Lebanon Cemetery Boundary Fence, bids were received, opened and tabulated
according to law and the following bids were received complying with the advertisement:
(Tabulation attached as Exhibit A), and;
WHEREAS, it appears Pember Companies, Inc., is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with Pember Companies, Inc., for its base bid in the amount of $260,924.40 for the
completion of Project 2019-121 according to the plans and specifications heretofore approved by
the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the deposits
made with their bids, except that the deposits of the successful bidder and the next lowest bidder
shall be retained until a contract has been signed.
ADOPTED this 28th day of March, 2019.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
EXHIBIT A
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove First A mendment to J oint Powers A greement with Dakota County and the Cities of
A pple Valley, B urnsville, E agan, and L akeville d/b/a Dakota Valley R ecycling f or 2019 Waste
A batement C ommunity F unding
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 First Amendment to the J oint Powers Agreement between the C ounty of Dakota
and the C ities of Apple Valley, Burnsville, Eagan and Lakeville d/b/a Dakota Valley
Recycling for 2019 Waste Abatement C ommunity Funding.
S UM M ARY:
In 2003, the City began joint services with the C ities of Burnsville and Eagan to provide
recycling. T he agreement was expanded to included Lakeville in 2016. T his is an
amendment to the agreement with Dakota C ounty to fund the joint city operations.
B AC K G RO UND :
Dakota C ounty provides funding to cities to promote and operate Waste Abatement
(Recycling) Programs. For 2019, the C ounty requested this process be done through joint
powers agreements with the C ounty. A fter the member cities approved the 2019 funding
agreement, the C ounty increased the funding allocation by $4,948.18. In order to accept the
funding allocation, the member cities are asked to sign an amendment to the joint powers
agreement with the C ounty.
Staff recommends the C ouncil approve the attached amendment to the joint powers
agreement, providing up to $252,364.48 from Dakota C ounty to operate a joint Recycling
Program for the C ities of Apple Valley, Burnsville, Eagan, and Lakeville and authorize the
Mayor to sign the document.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Agreement
Dakota County Contract #C0030879.1
FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN
COUNTY OF DAKOTA AND THE CITIES OF APPLE VALLEY,
BURNSVILLE, EAGAN, AND LAKEVILLE DBA DAKOTA VALLEY
RECYCLING
FOR 2019 WASTE ABATEMENT COMMUNITY FUNDING
WHEREAS, effective December 18, 2018, the County of Dakota (County) and the Cities of Apple Valley, Burns-
ville, Eagan, and Lakeville DBA Dakota Valley Recycling (Municipality), (collectively referred to as the “Parties”),
entered into an Agreement for participation in the 2019 Waste Abatement Community Funding Program;
WHEREAS, the County Board of Commissioners approved additional funds as part of the 2019 Environmental Resources
Department budget;
WHEREAS, additional funds in the amount of $4,948.18 are allocated to the Municipality for a total 2019 allocation of
$252,364.48 to complete the revised Work Plan attached and incorporated as Exhibit 1A; and
WHEREAS, the Parties desire to amend the terms of the Agreement as set out below; and
WHEREAS, the Agreement provides that any amendments shall be valid only when expressed in writing and duly
signed by the Parties.
NOW THEREFORE, in consideration of the mutual covenants contained herein the Parties agree as follows:
1. To amend Section 6.1 to provide the total 2019 allocation under the Agreement shall not exceed
$252,364.48.
2. All other terms of the Agreement between the County and Municipality shall remain in full force and effect.
3. In any case where this Amendment conflicts with the Agreement, this Amendment shall prevail.
This Agreement may be executed in one or more counterparts, each of which so executed and delivered counterpart is
original, and such counterparts, together, shall constitute the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date(s) indicated below.
APPROVED AS TO FORM: COUNTY OF DAKOTA
/s/Helen R. Brosnahan 2/27/19
Assistant County Attorney Date By: __
County Attorney File No.:KS-19-104 Matt Smith, County Manager
Date of Signature: __
CITY OF APPLE VALLEY
By:
__
Mary Hamann-Roland, Mayor
Date of Signature: _
Attest ________________________________
_____________________________________(title)
Date of Signature: ______________________
Dakota County Contract #C0030879.1
Dakota County Resolution #18-322
CITY OF BURNSVILLE
By:
__
Elizabeth Kautz, Mayor
Date of Signature: _
Attest ________________________________
_____________________________________(title)
Date of Signature: ______________________
CITY OF EAGAN
By:
__
Mike Maguire, Mayor
Date of Signature: _
Attest ________________________________
_____________________________________(title)
Date of Signature: ______________________
CITY OF LAKEVILLE
By:
__
Douglas P. Anderson, Mayor
Date of Signature: _
Attest ________________________________
_____________________________________(title)
Date of Signature: ______________________
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving J oint Powers A greement with S tate of Minnesota for Minnesota
I nternet Crimes A gainst Children (I C A C ) Task F orce
S taff Contact:
Nick Francis, P olice C aptain
D epartment / D ivision:
P olice Department
AC T I O N RE Q UE S T E D:
Adopt the attached resolution approving a J oint Powers Agreement with the State of
Minnesota for Minnesota Internet C rimes Against C hildren (IC A C ) Task Force on behalf of
the Police Department.
S UM M ARY:
T he Apple Valley Police Department currently operates under a joint powers agreement with
the Minnesota Internet C rimes Against Children Task Force to investigate and prosecute
crimes committed against children and the criminal exploitation of children that are
committed and facilitated through the use of computers. T he current joint powers agreement
is expiring. T he updated J PA will be in effect for five years from the date of adoption. T he
City Attorney's Office has reviewed and approved the agreement.
B AC K G RO UND :
Over the years, the Apple Valley Police Department has worked cooperatively with the
Minnesota IC A C Task Force to protect children against online exploitation. T he
relationship with the IC A C Task Force has allowed our department to receive training. In
return we offer assistance on local cases reported through the IC A C system.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Agreement
CITY OF APPLE VALLEY
RESOLUTION NO. 2016-
A RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS
WITH THE CITY OF APPLE VALLEY, MINNESOTA ON BEHALF OF ITS POLICE
DEPARTMENT REGARDING THE MINNESOTA INTERNET CRIMES AGAINST
CHILDREN TASK FORCE (ICAC)
WHEREAS, the City Council of Apple Valley encourages partnerships with other public
safety partners; and
WHEREAS, the City of Apple Valley, on behalf of its Police Department desires to enter
into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau
of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute
crimes committed against children and the criminal exploitation on children that is committed
and/or facilitated by or through the use of computers.; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this joint powers agreement is hereby entered into That the
State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting
through its Department of Public Safety, Bureau of Criminal Apprehension and the City of
Apple Valley on behalf of its Police Department, are hereby approved. A Copy of the Joint
Powers Agreement is attached to this Resolution and made a part of it; and
BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota
County, Minnesota, that the Police Chief, or his or her successor, is designated the Authorized
Representative for the Police Department. The Authorized Representative is also authorized to
sign any subsequent amendment or agreement that may be required by the State of Minnesota to
maintain the City’s connection to the systems and tools offered by the State.
.
ADOPTED this 28th day of March, 2019.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
____________________________________
Pamela J. Gackstetter, City Clerk
SWIFT Contract Number: 153913
ORI: MN0191000
1
153913 2019 ICAC JPA Apple Valley PD
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE
This Joint Powers Agreement (“Agreement”) is between the State of Minnesota, acting through its Commissioner of Public
Safety on behalf of the Bureau of Criminal Apprehension (“BCA”), and the “City of Apple Valley on behalf of its Police
Department, 7100 147th Street West, Apple Valley, MN 55124” (“Governmental Unit”).
Recitals
Under Minnesota Statutes, § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that
are necessary to exercise their powers. The parties wish to work together to investigate and prosecute crimes committed
against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of
computers, and to disrupt and dismantle organizations engaging in these activities. The Governmental Unit wants to
participate in the Minnesota Internet Crimes Against Children (ICAC) Task Force and be provided reimbursement of the
following: equipment, training, and expenses (including travel and overtime) as are incurred by law enforcement as a
result of ongoing investigations.
Agreement
1. Term of Agreement
1.1 Effective Date. This Agreement is effective on the date BCA obtains all required signatures pursuant to
Minnesota Statutes, § 16C.05, subdivision 2.
1.2 Expiration Date. This Agreement expires five years from the date it is effective unless terminated earlier
pursuant to clause 12.
2. Purpose
The Governmental Unit and BCA enter into this Agreement to implement a three-pronged approach of prevention,
education and enforcement to combat internet crimes against children. This Agreement provides the mechanism to
reimburse the Governmental Unit for equipment, training and expenses (including travel and overtime), which are
incurred by law enforcement as a result of these investigations.
3. Standards
The Governmental Unit will adhere to the ICAC Program standards identified below.
3.1 Investigate activities related to internet crimes and the exploitation of children through the use of computers.
3.2 Investigate organizations to disrupt and dismantle crimes committed against children.
3.3 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and
civil and criminal forfeitures. Investigators will follow proper legal procedures in securing evidence, including
electronic devices.
3.4 Investigators will understand and use appropriate legal procedures in the use of informants including
documentation of identity, monitoring of activities, and use and recordation of payments.
SWIFT Contract Number: 153913
ORI: MN0191000
2
153913 2019 ICAC JPA Apple Valley PD
3.5 Investigators will use, as appropriate, the most current investigative technologies and techniques.
3.6 Investigators must be licensed Minnesota peace officers.
3.7 Investigators will comply with the guidelines of the Department of Justice Internet Crimes Against Children
Program Operational and Investigative Standards.
4. Responsibilities of the Governmental Unit and the BCA
4.1 The Governmental Unit will:
4.1.1 Assign a Governmental Unit point of contact to act as the liaison between it and the BCA ICAC Project
Commander to assist in reimbursement deadlines.
4.1.2 Submit an ICAC reimbursement request for pre-approval of funds. This request shall include a
description of the item requested for reimbursement and an explanation of how it qualifies under the
required criteria in Clauses 3.1 and 3.2 and an operational plan.
4.1.3 Conduct investigations in accordance with provisions of the ICAC Operational and Investigative
Standards, identified in Clause 3.7 above, and conclude the investigations in a timely manner.
4.1.4 Allow BCA to inform participating agencies of potential case connections based on data submitted to
BCA through the ICAC Program.
4.1.5 Not comingle ICAC funds with any other existing federal or state grant funded overtime or additional
local Governmental Unit funding.
4.2 The BCA will:
4.2.1 Provide a Senior Special Agent who will serve as the Commander of the Task Force.
4.2.2 Review and approve or decline reimbursement requests under clause 4.1.2 within seven (7) business
days of the reimbursement request.
4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed
by a Governmental Unit acting through its employees.
5. Payment
5.1 To receive reimbursement for an expense, Governmental Unit must make a request for reimbursement to the
BCA Authorized Representative under the required criteria for operational and investigative standards.
5.2 To receive approved reimbursement, Governmental Unit must submit an expense form no later than 15
business days after the end of the month during which the expense is incurred.
5.3 The BCA will pay the Governmental Unit within thirty (30) calendar days of the submission of the expense form.
5.4 In the event Governmental Unit breaches this Agreement, it will not be eligible to receive reimbursement for any
expenses.
6. Authorized Representatives
The BCA’s Authorized Representative is the following person or his successor:
Name: Donald Cheung, Senior Special Agent/Commander of MN ICAC
Address: Department of Public Safety; Bureau of Criminal Apprehension
1430 Maryland Street East
Saint Paul, MN 55106
Telephone: 651.793.7000
E-mail Address: donald.cheung@state.mn.us
The Governmental Unit’s Authorized Representative is the following person or his/her successor:
Name Shane Klokonos
Address: Apple Valley Police Department
7100 147th Street West
Apple Valley, MN 55124
Telephone: 952-953-2700
Email: SKlokonos@ci.apple-valley.mn.us
SWIFT Contract Number: 153913
ORI: MN0191000
3
153913 2019 ICAC JPA Apple Valley PD
If the Governmental Unit’s Authorized Representative changes at any time during this Agreement, the Governmental
Unit must immediately notify the BCA.
7. Assignment, Amendments, Waiver, and Agreement Complete
7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this
Agreement.
7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original Agreement, or their
successors in office.
7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or
its right to enforce it.
7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the
Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to
bind either party.
8. Liability
The BCA and the Governmental Unit agree each party will be responsible for its own acts and the results thereof to
the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The BCA’s
liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes , § 3.736, and other
applicable law. The Governmental Unit’s lia bility shall be governed by provisions of the Municipal Tort Claims Act,
Minnesota Statutes, §§ 466.01-466.15, and other applicable law.
9. Audits
Under Minnesota Statutes, § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and
accounting procedures and practices relevant to this Agreement are subject to examination by the BCA and/or the
State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this
Agreement.
10. Government Data Practices
The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and
as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental
Unit under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to t he release of the data referred
to in this clause by either the Governmental Unit or the BCA.
If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must
immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data
to the requesting party before the data is released.
11. Venue
The venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
12. Expiration and Termination
12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the
other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in
accordance with the terms of this Agreement through the date of termination.
12.2 In the event that federal funding is no longer available, the BCA will email the Governmental Unit’s Authorized
Representative and terminate the Agreement. The termination will be effective two (2) business days after email
notification to the Governmental Unit; and the Governmental Unit shall receive reimbursement in accordance
with the terms of this Agreement through the date of termination.
SWIFT Contract Number: 153913
ORI: MN0191000
4
153913 2019 ICAC JPA Apple Valley PD
13. Continuing Obligations
The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government
Data Practices; and 11, Venue.
The parties indicate their agreement and authority to execute this Agreement by signing below.
GOVERNMENTAL UNIT
Governmental Unit certifies that the appropriate person(s) has(have) executed
this Agreement on behalf of the Governmental Unit and its jurisdictional
government entity as required by applicable articles, laws, by-laws, resolutions,
or ordinances.
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION
By and Title: _____________________________________________________ ______________
(with delegated authority) Date
COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement
By: _____________________________________________________________ ______________
Date
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove J oint P owers A greement with Dakota C ounty f or 2019 Sentence to S ervice (S T S)
P rogram Work Crews
S taff Contact:
B arry B ernstein, Director of Parks & Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve J oint Powers Agreement with Dakota C ounty for 2019 Sentence to Service (ST S)
Program Work C rews.
S UM M ARY:
Staff is seeking authorization to enter into a J oint Powers Agreement with Dakota C ounty for
Sentence to Service Program Work C rews. T he term of the Agreement shall be the 2019
calendar year and cost shall not exceed $26,904.00.
B AC K G RO UND :
In the past, the Dakota County S T S crews have provided a valuable staffing resource in
aiding maintenance division goals in both parks and streets. Typical assignments have been
litter collection along city streets, clean-up after J uly 4th events, hockey rink and shelter
painting, fall tree wrapping and mulching, cleaning around storm ponds, etc.
T he cost of this program for 2019 will be $472.00 per day and not to exceed $26,904.00.
T he cost is split between the Parks and Street Maintenance Divisions. T he contract
guarantees up to 57 crew days with a supervisor and an average crew of seven. T his has
been an effective portion of maintenance operations.
B UD G E T I M PAC T:
Funding has been designated within the 2019 Budget for this project.
AT TAC HM E NT S:
Agreement
I T E M: 4.S .
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with MT I Distributing, I nc., f or L ease-to-Own Mowers for Valleywood Golf
Course
S taff Contact:
B arry B ernstein, Director of Parks & Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
1. Approve agreement for lease-to-own equipment with MT I Distributing, Inc., for the
purchase of a Toro Groundsmaster 4700-D rough mower and a Toro Greensmaster
3150-Q greens mower.
2. Authorize trade-in of Toro equipment as part of the agreement; rough mower, fairway
mower, and two greens mowers.
3. Authorize Finance Director to complete and affix his signature(s) to the Governmental
Lease-Purchase Agreement and associated documents.
S UM M ARY:
T he lease agreement with MT I Distributing, Inc., is for two mowers; a rough mower and a
greens mower. T hese mowers are replacing mowers purchased in 2009, 2008, and earlier that
have reached the end of their service life. Pending C ity Attorney's review, Staff recommends
approval of the lease agreement.
B AC K G RO UND :
Golf Course staff, working with the Parks and Recreation Director and the Finance Director,
have determined that purchasing equipment with lease-to-own arrangement is advantageous
for Valleywood at this time. T his provides us a more predictable budget cost for the
equipment and also allows us to determine the useful life of equipment based on usage and
operation rather than just through an equipment replacement schedule.
Rather than trying to replace equipment based on annual revenue, we will budget funds for
lease-to-own arrangements that will provide fixed costs for equipment over a four or five
year lease. It will also allow us to trade old equipment off when the value offered for them
makes financial sense for the operation.
B UD G E T I M PAC T:
T his equipment was approved in the 2019 budget.
AT TAC HM E NT S:
Agreement
Proposal
Valleywood Golf Quote Date: 1/10/2019
Quote Id#Q00549
Award Price Type: NPA
Attn: Mr. Ryan Browning Contract #138566
Quantity Model #Product Name Unit Award
Price
Extended Award
Price
1 30882
GM 4700-D (Tier 4 Final Compliant) (30882
/ 30882A)$78,425.91 $78,425.91
1 30669 Universal Sunshade - White
7 30836 Leaf Mulching Kit (order 1 per deck)
1
108-
1464 BLADE SERVICE PACK, 27 IN
1 04358 Greenmaster 3150-Q $40,699.97 $40,699.97
3 04654 11 BL Cutting Unit
1 04626
Narrow Wiehle Roller (.200" Spacing) (Set of
3)
3 04648 Universal Groomer Drive
3 04802 Twin Tip Grooming Reel
3 04650 Universal Rear Rotating Brush
1 04554 Light Kit - LED
1 xx-ue
Less trade in Toro GM 4700-30868-
260000157 ($4,000.00)($4,000.00)
$115,125.88
$7,914.90
$123,040.78
• New Toro Commercial Equipment includes a Two (2) Year Manufacture Warranty
• Terms: Net 30 day (if not financed)
Bob Frank, SCPS Mandi Prinsen, SCPS
Outside Sales Representative Inside Sales Representative
612-877-0837 800-492-6344
bob.frank@mtidistributing.com
Thank you for allowing us the opportunity to partner with you on your equipment needs. We are pleased to submit this
equipment proposal for your review. All of the proposed Toro equipment meets, or exceeds, ANSI Safety Specifications.
Toro Equipment Proposal
Please do not hesitate in contacting us with any questions.
Award Price Subtotal
Sales Tax (6.875%)
Award Price Total
mandi.prinsen@mtidistributing.com
MTI Distributing, Inc. • 4830 Azelia Avenue North, Suite 100 • Brooklyn Center, MN 55429
CSC ($1.00 Buyout) Finance Option through TCF Financial - Rates are subject to change without notice / $250.00 Doc Fee /
Equipment Delivery February 2019 / 1st Payment February 2019 / Proposed payments include sales tax
• Set-Up and Delivery at No Charge
• 2.5% Service Fee to be applied to all invoices paid via Credit Card
5 Year Term with 5 Annual Payments(first payment due at delivery) of: $27,457.78
I T E M: 4.T.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 1 to Agreement with Pro-Tec D esign, I nc., for Central Maintenance
F acility S ecurity C amera S ystem
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 C hange Order No. 1 to Agreement with Pro-Tec Design, Inc., for C entral
Maintenance Facility Security C amera System, in the amount of $2,388.32.
S UM M ARY:
Attached is one proposed change to the project contract. T he change order covers one issue
summarized below. T he total budget impact for the entire change is an addition
of $2,388.32. T he contract sum prior to the approval of the change order is
$26,418.22. With the approval of the change order, the contract sum would be $28,806.54.
B AC K G RO UND :
Item 1: Change software licensing from Exprotect Professional to Exprotect Expert. T he
City is in the process of transitioning existing cameras on different recording systems onto a
common recording platform. Each camera attached to the platform requires a software
license. When quoting the original licensing cost off the state contract, the vendor made an
error in referencing the specific software version used by the C ity. T his change is the correct
pricing for the software actually used by the C ity off the state contract.
B UD G E T I M PAC T:
Item 1: $2,388.32
AT TAC HM E NT S:
C hange Order D ocument(s)
Q U O T E
Sold To:City of Apple Valley Ship To:City of Apple Valley
Charles Grawe Charles Grawe
6442 140th Street W est
Apple Valley, MN 55124
United States
6442 140th Street W est
Apple Valley, MN 55124
United States
Phone:(952) 953-2508 Phone:(952) 953-2508
Fax:Fax:
CO - 22044 - CMT - Milestone Expert Licensing
Date Quote #Terms Rep Quote Valid For
PTDQ23804 Net 30 days Jill Bartyzal 30 days03/12/19
Line Qty Part #Description List Price Modifier Unit Price Extended Price
1 23 $269.00 $236.72 $5,444.56XPETDLSOFTWARE, XPROTECT EXPERT, DEVICE LICENSE, 1
CHANNEL
D12
2 23 $49.00 $43.12 $991.76YXPETDLPMA SOFTWARE SUPPORT, EXPERT DEVICE LICENSE,
1 YEAR
D12
3
4 -23 $169.00 $148.72 -$3,420.56XPPPLUSDLXPROTECT PROFESSIONAL+ DEVICE LICENSE D12
5 -23 $31.00 $27.28 -$627.44YXPPPLUSDLONE YEAR CARE PLUS FOR XPROTECT
PROFESSIONAL+ DEVICE LICENSE
D12
Total $2,388.32 0.00
All applicable tax has been included
Statement of Work
Exclusions
Thank you again for giving me the opportunity to provide you with this information. If you should need any further
clarification or assistance, don't hesitate to contact me! To proceed with the proposal, please sign the Proposal
Acceptance portion of the proposal and return to me.
Jill Bartyzal
Business Relationship Manager
5929 Baker Road, Suite 400
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 1
1 of 4
Minnetonka, MN 55345
Direct (763) 231.8600
Cell (612) 222.6803
Fax (763) 553.0204
Email jbartyzal@pro-tecdesign.com
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 2
2 of 4
PROPOSAL ACCEPTANCE
CO - 22044 - CMT - Milestone Expert Licensing
City of Apple Valley
Charles Grawe
6442 140th Street W est
Apple Valley, MN 55124
United States
City of Apple Valley
Printed Name and Title:
Signature:Date:
PO# / Reference #
Pro-Tec Design
Jill Bartyzal Business Relationship ManagerPrinted Name and Title:
Signature:Date:3/12/2019
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 3
3 of 4
Standard Terms and Conditions
FINANCIAL
1. No provisions of this Proposal/Contract shall serve to void our rights under Mechanics' Lien Laws.
2. W e do not accept back charges that have not been previously agreed to by us in writing.
3. Late payments of 60 days or more will bear interest at the standard prevailing commercial rate
4. Unless otherwise specified, you will be billed for 30% of the project total immediately after the receipt of an order. Prompt payment is required to order parts
and cover other costs associated with project start-up.
5. Progress billings will be issued monthly and unless specified in a separate contract all payments are due net 30.
6. Nothing in this Proposal/Contract shall be construed to require us to continue performance of work if we do not receive timely payment for properly performed
work and suitably stored materials.
7. W e retain title to all equipment until installation is complete and all payments due Pro-Tec Design have been paid in full. W e reserve the right to retake
possession of the same or any part thereof at your cost if default is made by you in any payment. If customer fails to follow the payment schedule(s) above or if
Pro-Tec Design anticipates Customer may be unable to perform hereunder, Pro-Tec Design may terminate this contract, defer, discontinue or suspend work, or
demand adequate assurance of Customer's performance. If a Customer's account must be placed with an attorney for collection, whether a lawsuit is filed or
otherwise, or if the services of an attorney are required to protect Pro-Tec Design's interest, Customer agrees to pay all collection costs, including reasonable
attorney's fees.
8. Alterations or modifications of the original quotation or specifications, including changes in quantity, material, design or other features, must be communicated
in writing by Customer to Pro-Tec Design and accepted by Pro-Tec Design in writing, it being understood any change may increase prices. Customer shall be
liable for an reimburse Pro-Tec Design for any and all work in process at the time of Pro-Tec Design's receipt of notice of changes.
SITE CONDITIONS AND W ORK PERFORMANCE
9. W e are not responsible for protection of our work in place.
10. W e will dispose of debris created by our work into Owner-furnished trash bins or container at the site.
11. You shall furnish and make available to us at the site reasonable storage and parking facilities, and convenient delivery access to our work.
12. You shall provide uncluttered and safe access for us to perform our work. The schedule of any other contractors involved in this project shall be made in
consultation with us, and unless otherwise agreed to, shall provide time for us to perform our work on an 8-hour day, 40-hour week basis. This Proposal/Contract
does not include provision for our being required to perform overtime work for any reasons unless otherwise stated. An additional charge to the contract shall be
made for any mutually agreed upon overtime.
13. W e are not responsible for delays or defaults that are occasioned by causes of any kind beyond our control, Including but not limited to delays or defaults of
Architects, the Owner, the Contractor, any Subcontractors, other third parties, civil disorders, labor disputes, and Acts of God. W e shall be entitled to equitable
adjustment for delays caused by any Architect, Engineer, Contractor, or Owner.
14. If any drawings, Illustrations, or descriptive matter are furnished with this Proposal/Contract, they are approximate and submitted only to show the general
style, arrangement, and dimensions of equipment offered.
15. All work will be done during standard business hours, Monday through Friday unless otherwise noted.
W ARRANTY
16. No liquidated damages will be due.
17. THERE ARE NO W ARRANTIES THAT EXTEND BEYOND PRO-TEC DESIGN'S STATED SPECIFICATIONS. PRO-TEC SPECIFICALLY EXCLUDES
ALL W ARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY FO MERCHANTIBILITY, IMPLIED WARRANTY OF FITNESS,
IMPLIED W ARRANTY OF DESIGN, AND ALL OTHER IMPLIED W ARRANTIES. Customer's sole remedy in any action at law based hereunder (other than an
action based on breach of warranty, which warranties are expressly excluded except as set forth herein) shall be limited to the repair or replacement of
nonconforming goods ore parts, or, at Pro-Tec Design's option, refund of the applicable quote. IN NO EVENT SHALL PRO-TEC DESIGN BE RESPONSIBLE
FOR ANY CONSEQUENTIAL ORE ECONOMIC DAMAGES OR LOSS, LOST PROFITS OR CONSEQUENTIALDAMAGES FOR PERSONAL INJURY.
CUSTOMER AGREES THAT THIS PROVISION IS CONSCIONABLE.
18. Pro-Tec Design will warranty the labor and materials covered under this quotation for one year from the date of first beneficial use of the system provided the
Owner is current in their payments to Pro-Tec Design, Inc. Accounts that are not current shall not receive warranty work until said accounts are made current.
Pro-Tec Design will respond during normal business hours Monday through Friday. W eekends, Holidays and after hours warranty support will be billable at
standard overtime rates. W arranty does not include replacement or repair of equipment damaged by Misuse, Negligence, Over or Under Voltage, or "Acts of
God" such as lightning or other weather related incidents. W arranty only covers the repair or replacement of any parts supplied by Pro-Tec and any labor and
travel to and from the site to execute said repairs for one (1) year from the date the Owner has beneficial use of the system. No warranty is extended to not in
contract (NIC) equipment. NIC equipment is defined as any equipment not supplied by Pro-Tec or existing equipment that is re-used. The troubleshooting,
repair or replacement of NIC equipment will be provided by Pro-Tec at a time and materials basis.
19. Pro-Tec Design Is not an insurer of Customer's risks and exposures, Pro-Tec shall not be liable for any failure to perform under this Agreement due to any
"Act of God," "Force Majeure," of another cause beyond Pro-Tec Design's control. Pro-Tec Design shall not be liable for any loss or damage caused in whole or
in part from negligence, fault, or wrongful act of Customer or of any third persons or parties. Services provided under this Agreement are for the sole benefit of
the Customer and no rights are, or may be, conferred on any other party as a third-party beneficiary, by transfer or assignment, or otherwise. Pro-Tec Design's
total liability is limited to the contract price; as matter of law, this limitation does not apply to fraud, willful injury, or willful violation of the law.
OTHER
20. This Proposal/Contract, including the provisions printed above and any specifications or other provisions attached hereto, when accepted by you and Pro-Tec
Design shall constitute the Contract between us, and all prior representations or agreements not incorporated herein are superseded. Any terms or conditions
contained in any Customer proposal/contract/purchase order are expressly rejected and shall not bind Pro-Tec Design or affect or invalidate any terms contained
herein. Terms and conditions herein shall not be modified except upon Pro-Tec Design's express written agreement.
21. This Proposal/Contract shall be interpreted and governed by the laws of the State of Minnesota. Any disputes arising out of business conduced hereunder
shall be venued in the district court of the State of Minnesota. In case of dispute, the prevailing party shall be awarded reasonable attorney's fees.
22. The design and/or intent of the items listed in this system specification is considered intellectual property and owned by Pro-Tec Design and will not be
disclosed to any party other than those intended by Pro-Tec Design. Disclosure of this design/intent will subject the discloser to Consultant Fees equivalent of
the above listed design/build quotation.
23. Customer agrees that during the term of this contract and for two years following termination, they will not directly or indirectly solicit for hire nor contract for
services any employee who performs services hereunder without Pro-Tec Design's written consent
24. This proposal and any documents associated with it supersede any prior verbal or written information provided.
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 4
4 of 4
I T E M: 4.U.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 1 to Agreement with Pro-Tec D esign, I nc., for Valleywood
S ecurity Camera S ystem
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 C hange Order No. 1 to A greement with Pro-Tec Design, Inc., for Valleywood
Security Camera System, in the amount of $1,453.76.
S UM M ARY:
Attached is one proposed change to the project contract. T he change order covers one issue
summarized below. T he total budget impact for the entire change is an addition
of $1,453.76. T he contract sum prior to the approval of the change order is
$21,234.96. With the approval of the change order, the contract sum would be $22,688.72.
B AC K G RO UND :
Item 1: Change software licensing from Exprotect Professional to Exprotect Expert. T he
City is in the process of transitioning existing cameras on different recording systems onto a
common recording platform. Each camera attached to the platform requires a software
license. When quoting the original licensing cost off the state contract, the vendor made an
error in referencing the specific software version used by the C ity. T his change is the correct
pricing for the software actually used by the C ity off the state contract.
B UD G E T I M PAC T:
Item 1: $1,453.76
AT TAC HM E NT S:
C hange Order D ocument(s)
Q U O T E
Sold To:City of Apple Valley Ship To:City of Apple Valley
Charles Grawe Charles Grawe
4851 McAndrews Road
Apple Valley, MN 55124
United States
4851 McAndrews Road
Apple Valley, MN 55124
United States
Phone:(952) 953-2508 Phone:(952) 953-2508
Fax:Fax:
CO - 22043 - VALLEY - Milestone Expert Licensing
Date Quote #Terms Rep Quote Valid For
PTDQ23803 Net 30 days Jill Bartyzal 30 days03/12/19
Line Qty Part #Description List Price Modifier Unit Price Extended Price
1 14 $269.00 $236.72 $3,314.08XPETDLSOFTWARE, XPROTECT EXPERT, DEVICE LICENSE, 1
CHANNEL
D12
2 14 $49.00 $43.12 $603.68YXPETDLPMA SOFTWARE SUPPORT, EXPERT DEVICE LICENSE,
1 YEAR
D12
3
4 -14 $169.00 $148.72 -$2,082.08XPPPLUSDLXPROTECT PROFESSIONAL+ DEVICE LICENSE D12
5 -14 $31.00 $27.28 -$381.92YXPPPLUSDLONE YEAR CARE PLUS FOR XPROTECT
PROFESSIONAL+ DEVICE LICENSE
D12
Total $1,453.76 0.00
All applicable tax has been included
Statement of Work
Exclusions
Thank you again for giving me the opportunity to provide you with this information. If you should need any further
clarification or assistance, don't hesitate to contact me! To proceed with the proposal, please sign the Proposal
Acceptance portion of the proposal and return to me.
Jill Bartyzal
Business Relationship Manager
5929 Baker Road, Suite 400
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 1
1 of 4
Minnetonka, MN 55345
Direct (763) 231.8600
Cell (612) 222.6803
Fax (763) 553.0204
Email jbartyzal@pro-tecdesign.com
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 2
2 of 4
PROPOSAL ACCEPTANCE
CO - 22043 - VALLEY - Milestone Expert Licensing
City of Apple Valley
Charles Grawe
4851 McAndrews Road
Apple Valley, MN 55124
United States
City of Apple Valley
Printed Name and Title:
Signature:Date:
PO# / Reference #
Pro-Tec Design
Jill Bartyzal Business Relationship ManagerPrinted Name and Title:
Signature:Date:3/12/2019
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 3
3 of 4
Standard Terms and Conditions
FINANCIAL
1. No provisions of this Proposal/Contract shall serve to void our rights under Mechanics' Lien Laws.
2. W e do not accept back charges that have not been previously agreed to by us in writing.
3. Late payments of 60 days or more will bear interest at the standard prevailing commercial rate
4. Unless otherwise specified, you will be billed for 30% of the project total immediately after the receipt of an order. Prompt payment is required to order parts
and cover other costs associated with project start-up.
5. Progress billings will be issued monthly and unless specified in a separate contract all payments are due net 30.
6. Nothing in this Proposal/Contract shall be construed to require us to continue performance of work if we do not receive timely payment for properly performed
work and suitably stored materials.
7. W e retain title to all equipment until installation is complete and all payments due Pro-Tec Design have been paid in full. W e reserve the right to retake
possession of the same or any part thereof at your cost if default is made by you in any payment. If customer fails to follow the payment schedule(s) above or if
Pro-Tec Design anticipates Customer may be unable to perform hereunder, Pro-Tec Design may terminate this contract, defer, discontinue or suspend work, or
demand adequate assurance of Customer's performance. If a Customer's account must be placed with an attorney for collection, whether a lawsuit is filed or
otherwise, or if the services of an attorney are required to protect Pro-Tec Design's interest, Customer agrees to pay all collection costs, including reasonable
attorney's fees.
8. Alterations or modifications of the original quotation or specifications, including changes in quantity, material, design or other features, must be communicated
in writing by Customer to Pro-Tec Design and accepted by Pro-Tec Design in writing, it being understood any change may increase prices. Customer shall be
liable for an reimburse Pro-Tec Design for any and all work in process at the time of Pro-Tec Design's receipt of notice of changes.
SITE CONDITIONS AND W ORK PERFORMANCE
9. W e are not responsible for protection of our work in place.
10. W e will dispose of debris created by our work into Owner-furnished trash bins or container at the site.
11. You shall furnish and make available to us at the site reasonable storage and parking facilities, and convenient delivery access to our work.
12. You shall provide uncluttered and safe access for us to perform our work. The schedule of any other contractors involved in this project shall be made in
consultation with us, and unless otherwise agreed to, shall provide time for us to perform our work on an 8-hour day, 40-hour week basis. This Proposal/Contract
does not include provision for our being required to perform overtime work for any reasons unless otherwise stated. An additional charge to the contract shall be
made for any mutually agreed upon overtime.
13. W e are not responsible for delays or defaults that are occasioned by causes of any kind beyond our control, Including but not limited to delays or defaults of
Architects, the Owner, the Contractor, any Subcontractors, other third parties, civil disorders, labor disputes, and Acts of God. W e shall be entitled to equitable
adjustment for delays caused by any Architect, Engineer, Contractor, or Owner.
14. If any drawings, Illustrations, or descriptive matter are furnished with this Proposal/Contract, they are approximate and submitted only to show the general
style, arrangement, and dimensions of equipment offered.
15. All work will be done during standard business hours, Monday through Friday unless otherwise noted.
W ARRANTY
16. No liquidated damages will be due.
17. THERE ARE NO W ARRANTIES THAT EXTEND BEYOND PRO-TEC DESIGN'S STATED SPECIFICATIONS. PRO-TEC SPECIFICALLY EXCLUDES
ALL W ARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY FO MERCHANTIBILITY, IMPLIED WARRANTY OF FITNESS,
IMPLIED W ARRANTY OF DESIGN, AND ALL OTHER IMPLIED W ARRANTIES. Customer's sole remedy in any action at law based hereunder (other than an
action based on breach of warranty, which warranties are expressly excluded except as set forth herein) shall be limited to the repair or replacement of
nonconforming goods ore parts, or, at Pro-Tec Design's option, refund of the applicable quote. IN NO EVENT SHALL PRO-TEC DESIGN BE RESPONSIBLE
FOR ANY CONSEQUENTIAL ORE ECONOMIC DAMAGES OR LOSS, LOST PROFITS OR CONSEQUENTIALDAMAGES FOR PERSONAL INJURY.
CUSTOMER AGREES THAT THIS PROVISION IS CONSCIONABLE.
18. Pro-Tec Design will warranty the labor and materials covered under this quotation for one year from the date of first beneficial use of the system provided the
Owner is current in their payments to Pro-Tec Design, Inc. Accounts that are not current shall not receive warranty work until said accounts are made current.
Pro-Tec Design will respond during normal business hours Monday through Friday. W eekends, Holidays and after hours warranty support will be billable at
standard overtime rates. W arranty does not include replacement or repair of equipment damaged by Misuse, Negligence, Over or Under Voltage, or "Acts of
God" such as lightning or other weather related incidents. W arranty only covers the repair or replacement of any parts supplied by Pro-Tec and any labor and
travel to and from the site to execute said repairs for one (1) year from the date the Owner has beneficial use of the system. No warranty is extended to not in
contract (NIC) equipment. NIC equipment is defined as any equipment not supplied by Pro-Tec or existing equipment that is re-used. The troubleshooting,
repair or replacement of NIC equipment will be provided by Pro-Tec at a time and materials basis.
19. Pro-Tec Design Is not an insurer of Customer's risks and exposures, Pro-Tec shall not be liable for any failure to perform under this Agreement due to any
"Act of God," "Force Majeure," of another cause beyond Pro-Tec Design's control. Pro-Tec Design shall not be liable for any loss or damage caused in whole or
in part from negligence, fault, or wrongful act of Customer or of any third persons or parties. Services provided under this Agreement are for the sole benefit of
the Customer and no rights are, or may be, conferred on any other party as a third-party beneficiary, by transfer or assignment, or otherwise. Pro-Tec Design's
total liability is limited to the contract price; as matter of law, this limitation does not apply to fraud, willful injury, or willful violation of the law.
OTHER
20. This Proposal/Contract, including the provisions printed above and any specifications or other provisions attached hereto, when accepted by you and Pro-Tec
Design shall constitute the Contract between us, and all prior representations or agreements not incorporated herein are superseded. Any terms or conditions
contained in any Customer proposal/contract/purchase order are expressly rejected and shall not bind Pro-Tec Design or affect or invalidate any terms contained
herein. Terms and conditions herein shall not be modified except upon Pro-Tec Design's express written agreement.
21. This Proposal/Contract shall be interpreted and governed by the laws of the State of Minnesota. Any disputes arising out of business conduced hereunder
shall be venued in the district court of the State of Minnesota. In case of dispute, the prevailing party shall be awarded reasonable attorney's fees.
22. The design and/or intent of the items listed in this system specification is considered intellectual property and owned by Pro-Tec Design and will not be
disclosed to any party other than those intended by Pro-Tec Design. Disclosure of this design/intent will subject the discloser to Consultant Fees equivalent of
the above listed design/build quotation.
23. Customer agrees that during the term of this contract and for two years following termination, they will not directly or indirectly solicit for hire nor contract for
services any employee who performs services hereunder without Pro-Tec Design's written consent
24. This proposal and any documents associated with it supersede any prior verbal or written information provided.
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 4
4 of 4
I T E M: 4.V.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Amending 2019 P ay and Benefit Plan
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 amending the 2019 Pay and Benefit Plan.
S UM M ARY:
Based on a review of departmental needs and in preparation to recruit for a current vacancy,
staff recommends amending the 2019 Pay and Benefit Plan to:
1. Reclassify the classification of Building Inspector from grade 160 to grade 170 and;
2. Replace one Building Inspector authorized position with a Senior Building Inspector
position in grade 180.
B AC K G RO UND :
T he Public Works D epartment currently has a vacancy in the position of Building Inspector,
which provides inspection, enforcement, and interpretation of applicable codes and
ordinances. T here are currently four authorized Building Inspector positions.
In preparation to recruit for a replacement for the current vacancy, Public Works Director
Matt Saam and C hief Building O fficial George Dorn reviewed the current organizational and
expertise needs of the department, as well as market comparison pay data from our peer
cities. Human Resources staff also reviewed the job evaluation points for the position of
Building Inspector and a proposed new position of Senior Building Inspector, which could
provide plan review under a state delegation agreement. T he new position title and
classification would not result in an additional authorized personnel headcount, but would be
a promotion from within existing staff. If no existing staff apply or are selected, the position
of Senior Building Inspector would not be filled at this time.
Based on these factors, staff recommends amending the 2019 Pay and Benefit plan to
reclassify the classification of Building Inspector from grade 160 to grade 170, and replace
one Building Inspector authorized position with a Senior Building Inspector position in grade
180.
B UD G E T I M PAC T:
Funds sufficient to accomplish the recommended changes are included in the current 2019
budget.
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION AMENDING THE 2019 PAY AND BENEFIT PLAN
WHEREAS, the City Council of Apple Valley adopted Resolution No. 2018-216
approving the revised 2019 Pay and Benefit Plan; and
WHEREAS, the city desires to amend the 2019 Pay and Benefit Plan to accomplish certain
timely organizational changes within the Public Works Department’s Building Inspections Division.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the 2019 Pay and Benefit Plan is hereby amended as follows:
1. That, the classification of Building Inspector is reclassified from grade 160 to grade 170.
2. That, one authorized Building Inspector position is replaced with a Senior Building Inspector
position in grade 180.
3. That, staff is directed to amend the 2019 Pay and Benefit Plan document to reflect the changes
approved herein.
BE IT FURTHER RESOLVED, that all other items in the 2019 Pay and Benefit Plan remain
unchanged.
ADOPTED this 28th day of March, 2019.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.W.
C O UNC I L ME E T I NG D AT E:March 28, 2019
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
March 28, 2019
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)
Tanyi Besong Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.85 Hourly SM1 5/15/2019
Michael Borman Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.85 Hourly SM1 5/15/2019
Alex Budka Hire Maintenance Worker I
Casual,
Seasonal 5105 $ 12.52 Hourly SM1 5/15/2019
Doug Carlson Rehire Maintenance Worker I
Casual,
Seasonal 5105 $ 13.27 Hourly SM1 5/1/2019
Miranda Demo Promotion Police Officer
Full‐Time,
Regular 1200 $ 5,027.00 Monthly U‐P 3/30/2019
Hunter DeWall Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.85 Hourly SM1 5/15/2019
Hunter Dupey Hire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.52 Hourly SM1 5/15/2019
Sydney Dykhuizen Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.85 Hourly SM1 5/15/2019
Sam Finnerty Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.85 Hourly SM1 5/15/2019
Tom Halter Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.85 Hourly SM1 5/18/2019
Lori Hudyma
Accept
Retirement Police Records Technician
Full‐Time,
Regular 1200 5/31/2019
Ed Kunkel Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 13.64 Hourly SM1 5/18/2019
Joe Larson Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.85 Hourly SM1 5/18/2019
Roger Mardikian Rehire Maintenance Worker I
Casual,
Seasonal 5105 $ 13.64 Hourly SM1 5/1/2019
Mason Morse Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 13.27 Hourly SM1 5/18/2019
Andrea Pelant Hire Sales Clerk
Casual,
Variable Hour 5020 $ 12.00 Hourly L‐1 3/21/2019
Lori Peterson Hire Golf Shop Attendant
Casual,
Variable Hour 5105 $ 10.30 Hourly C‐01 4/30/2019
Bryant Ruff Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.85 Hourly SM1 5/15/2019
Scott Swanson
Accept
Retirement
Liquor Operations
Director
Full‐Time,
Regular 5005 4/30/2019
Aaron Toavs Rehire Maintenance Worker I
Casual,
Seasonal 1710 $ 13.64 Hourly SM1 5/15/2019
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the
employment of the City personnel.
Page 1 of 2
PERSONNEL REPORT
March 28, 2019
City of Apple Valley
Human Resources
First
Name
Last
Name Action Position Status Dept.
Base Pay
Rate
Pay
Type
Pay
Scale
Date
(on or about)
Levi Valley Hire Maintenance Worker I
Casual,
Seasonal 1710 $ 12.52 Hourly SM1 5/15/2019
John Wigen Hire
Golf Outside Service
Attendant
Casual,
Variable Hour 5105 $ 10.30 Hourly C‐01 4/30/2019
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the
employment of the City personnel.
Page 2 of 2
I T E M: 4.X .
C O UNC I L ME E T I NG D AT E:March 28, 2019
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 March 7, 2019, and March 13, 2019, in the amounts of
$742,893.73, and $868,882.56, 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:March 28, 2019
S E C T I O N:Regular Agenda
Description:
A dopt Resolution Addressing Operation and I mprovement of P ickleball C ourts L ocated at Hayes
P ark
S taff Contact:
B arry B ernstein, Director of Parks & Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Adopt the resolution addressing the operation and improvement of pickleball courts located
at Hayes Park.
S UM M ARY:
Over the past year, the Parks and Recreation Advisory Committee has discussed the
operation of the pickleball courts located at Hayes Park. On February 14, 2019, the C ity
Council discussed the topic at their informal workshop meeting. Staff is seeking formal
direction from the C ity Council as we prepare for the 2019 pickleball season.
As C ouncil is aware, the courts have become very popular and are providing a valuable
recreational outlet for citizens of all ages, especially seniors. At the same time, some nearby
neighbors have expressed concern over the noise generated by the playing of pickleball in
close proximity to their homes. T he Park and Recreation Advisory C ommittee discussed the
topic at their May 3 and J uly 19, 2018, meetings and are recommending the City Council
adjust the hours of play at the courts to further minimize noise impacts. T he attached
resolution is consistent with their recommendation.
At the City C ouncil workshop on February 14, 2019, the idea of installing noise attenuation
fabric on a portion of the existing fencing was also discussed. Staff is seeking Council
direction on this option.
Lastly, at the C ity C ouncil Workshop on February 14, 2019, the idea of exploring the
possible construction of pickleball courts elsewhere in the community was discussed. Staff
is seeking C ouncil direction on this option as well.
Councilmember Tom Goodwin is proposing for C ouncil consideration an alternative
resolution addressing the noise attenuation fencing, permissible hours of play, and a study on
the possible construction of more pickleball courts. A copy of that draft resolution is also
attached.
B AC K G RO UND :
Noise E ngineering Studies
Engineering was commissioned in 2018 to conduct a pickleball noise study to determine if
noise generated by the courts met applicable Minnesota State noise requirements. N oise
measurements were taken J une 7, 2018, and were found to be in compliance with State
requirements.
By request of the Parks and Recreation Advisory C ommittee, ESI Engineering conducted an
additional analysis to help determine if noise barriers might help minimize noise impacts to
the neighborhood. C opies of both reports are attached.
T he summary report indicates by installing an eight foot barrier, the dBA levels at 52 feet to
the south of the courts would be reduced from 52dBA to 44dBA . A ten foot barrier would
reduce the noise from 52dBA to 41dBA.
Hours of P lay
Since the development of the Hayes Park outdoor pickleball courts, three neighboring
residents to the south have relayed concerns surrounding pickleball play/use. Discussion at
the J uly 19, 2018, Parks and Recreation Advisory C ommittee informed the committee of
issues and further attempts to satisfy both the neighbors and players.
By unanimous vote, the Parks and Recreation Advisory C ommittee recommended adjustment
of the hours of play as follows:
Monday through Friday 9:00 a.m. to 1:30 p.m. and 4:30 to 7:30 p.m.
no play between 1:30 and 4:30 p.m. or after 7:30 p.m.
Saturdays 9:30 a.m. to 2:00 p.m.
Sundays 12:30 to 4:30 p.m.
Additional C ourts in Neighboring Cities
In 2018, additional pickleball courts were constructed in our neighboring cities. Staff
presented additional details on the construction activities at the February 14, 2019 informal
meeting. A copy of that presentation is attached.
B UD G E T I M PAC T:
Should the C ity C ouncil decide to move forward with the installation of a noise attenuation
barrier, the estimated cost is $15,000.
Should the C ity C ouncil decide to move forward with a feasibility study on the construction
of additional and/or replacement pickleball courts in the community, staff would seek a
qualified consulting firm to assist in the evaluation process. Costs and funding would be
determined at a later date.
AT TAC HM E NT S:
R esolution
R esolution
Background Material
R eport
R eport
Exhibit
Quotation
Minutes
Presentation
Presentation
Resolution Consistent with Park and Recreation
Advisory Committee Recommendation
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION ADDRESSING THE OPERATION AND IMPROVEMENT
OF PICKLEBALL COURTS LOCATED AT HAYES PARK
WHEREAS, the City currently operates six dedicated pickleball courts in Hayes
Park adjacent to the Apple Valley Community Center, and
WHEREAS, the courts have permitted the sport of pickleball to grow significantly
in the community providing a valuable recreational outlet to citizens of all ages,
especially seniors, and
WHEREAS, some neighbors have expressed concern over the noise generated
by the playing of pickleball in close proximity to their homes, and
WHEREAS, in an attempt to help minimize noise impacts, the Apple Valley
Parks and Recreation Advisory Committee on May 3, 2018 set the permissible hours
of pickleball play at Hayes Park with standard balls on weekdays from 8:30 am to
2:00 pm and 4:30 pm to 8:00 pm, Saturdays from 9:30 am to 2:00 pm and Sundays
from 12:30 to 4:30 pm., and
WHEREAS, in a further attempt to help minimize noise impacts, the Apple Valley
Parks and Recreation Advisory Committee on July 19, 2018 recommended to the
City Council that the permissible hours of all pickleball play at Hayes Park be
weekdays from 9:00 am to 1:30 pm and 4:30 pm to 7:30 pm, Saturdays from 9:30
am to 2:00 pm and Sundays from 12:30 to 4:30 pm., and
WHEREAS, the Apple Valley City Council discussed the recommendation at an
informal workshop meeting on February 14, 2019 at which time they considered a
number of options including modifying pickleball hours of play, the installation of a
noise attenuation fabric barrier on the pickleball court fencing, and consideration of
building additional and/or replacement pickleball courts in the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1) As recommended by the Apple Valley Parks and Recreation Advisory
Committee, the permissible hours of pickleball play at Hayes Park shall be
weekdays from 9:00 am to 1:30 pm and 4:30 pm to 7:30 pm, Saturdays from
9:30 am to 2:00 pm and Sundays from 12:30 to 4:30 pm. No weekday play
1:30 pm – 4:30 pm or after 7:30 pm.
ADOPTED this 28th day of March, 2019.
_______________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
Draft Resolution Proposed by Councilmember Tom Goodwin
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION ADDRESSING THE OPERATION AND IMPROVEMENT
OF PICKLEBALL COURTS LOCATED AT HAYES PARK
WHEREAS, the City currently operates six dedicated pickleball courts in Hayes
Park adjacent to the Apple Valley Community Center, and
WHEREAS, the courts have permitted the sport of pickleball to grow significantly
in the community providing a valuable recreational outlet to citizens of all ages,
especially seniors, and
WHEREAS, some neighbors have expressed concern over the noise generated
by the playing of pickleball in close proximity to their homes, and
WHEREAS, in an attempt to help minimize noise impacts, the Apple Valley
Parks and Recreation Advisory Committee on May 3, 2018 set the permissible hours
of pickleball play at Hayes Park with standard balls on weekdays from 8:30 am to
2:00 pm and 4:30 pm to 8:00 pm, Saturdays from 9:30 am to 2:00 pm and Sundays
from 12:30 to 4:30 pm., and
WHEREAS, in a further attempt to help minimize noise impacts, the Apple Valley
Parks and Recreation Advisory Committee on July 19, 2018 recommended to the
City Council that the permissible hours of all pickleball play at Hayes Park be
weekdays from 9:00 am to 1:30 pm and 4:30 pm to 7:30 pm, Saturdays from 9:30
am to 2:00 pm and Sundays from 12:30 to 4:30 pm., and
WHEREAS, the Apple Valley City Council discussed the recommendation at an
informal workshop meeting on February 14, 2019 at which time they considered a
number of options including modifying pickleball hours of play, the installation of a
noise attenuation fabric barrier on the pickleball court fencing, and consideration of
building additional and/or replacement pickleball courts in the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1) Staff is directed to order and install a ten-foot noise attenuation fabric barrier
on the pickleball court fencing at a cost not to exceed $15,000.
2) Upon completion of the installation of the ten-foot noise attenuation fabric
barrier, staff is directed to post the daily hours of permissible play at the
Hayes Park pickleball courts as 8:30 a.m. to 8:00 p.m.
3) Staff is directed to commence a feasibility study on the possible construction
of pickleball courts elsewhere within Hayes Park, at Johnny Cake Ridge Park
West south of Eastview High School and any other potentially suitable
locations within the City and report back to the City Council no later than
August 8, 2019.
ADOPTED this 28th day of March, 2019.
______________________
______
Mary Hamann-Roland,
Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
Draft Resolution Proposed by Councilmember Tom Goodwin
Additional Pickleball Noise Mitigation Ideas for Consideration
1) Staff is directed to order and install a ten-foot noise attenuation fabric barrier
on the pickleball court fencing at a cost not to exceed $15,000.
2) Upon completion of the installation of the ten-foot noise attenuation fabric
barrier, staff is directed to post the daily hours of permissible play at the
Hayes Park pickleball courts as 9:00 a.m. to 7:00 p.m. Staff is further
directed to update the Sound Attenuation Study to determine whether a 10 dB
(50 percent) noise reduction was achieved, as forecasted in the ESI
Engineering Study dated August 14, 2018. If such reduction cannot be
achieved, the daily hours of permissible play will be modified to those
recommended by the Parks and Recreation Advisory Committee on July 19,
2018.
3) Staff is directed to research the availability and cost of electronic access
control for the pickleball court gate at the existing courts to help implement
the approved hours of play.
4) Staff is directed to commence a feasibility study on the possible construction
of replacement pickleball courts elsewhere in the City and report back to the
City Council no later than August 8, 2019.
5) Should the decision be made to eventually relocate the pickleball courts from
their current location, adjacent neighbors will be invited to be part of the
process of considering alternate uses for the existing courts.
KINETICS
Barrier Materials
Model KNM
TM
Description
Kinetics Model KNM mass-loaded, limp, vinyl barrier
materials are used for enclosing noise sources, either
draped around equipment, suspended between
equipment and quiet areas, or lagged to the equipment
casing. KNM Barrier Materials can be used effectively
to lag piping systems, reducing valves, etc., and are
highly effective as crosstalk barriers and septums.
KNM materials are available in 0.50 psf to 1.0 psf
(2.5 to 4.9 kg/m2 ) surface weight, in 54" wide x 20 yard
(1372 mm x 18.2 m) rolls, with acoustical ratings of
STC-21 to STC-26. Product is easy to cut and install.
Kinetics Model KNM-C Clearview Noise Barriers are
transparent, limp, heavy PVC and are recommended
for use in applications where it is necessary to maintain
visual contact, yet achieve a high degree of noise
reduction. KNM-C materials are available in 48" wide
by 20 yard (1219 mm x 18.2 m) rolls with acoustical
ratings of STC-21 and STC-26.
Application
Pipe and duct noise lagging
Machinery cover Liners
Ceiling noise barrier
Crosstalk barrier
Wall and door septum
Noise Control curtain panels and enclosures
OEM applications
Product Description
KNM-50C 1/2 PSF (2.5 kg/m2) Kinetics Clearview barrier material,
nonloaded and nonreinforced. Clearview is very limp, tough and
water clear. Available in 48" x 20 yard (1219 mm x 18.2 m) rolls.
KNM-100C 1 PSF (4.9 kg/m2) Kinetics Clearview barrier material,
nonloaded and nonreinforced. Clearview is very limp, tough and
water clear. Available in 48" x 20 yard (1219 mm x 18.2 m) rolls.
KNM-50B 1/2 PSF (2.5 kg/m2) Kinetics limp barrier material,
unreinforced and loaded with barium sulphate. Available in black
color in 54" x 20 yard (1372 mm x 18.2 m) rolls.
KNM-100B 1 PSF (4.9 kg/m2) Kinetics limp barrier material,
unreinforced and loaded with barium sulphate. Available in black
color in 54" x 20 yard (1372 mm x 18.2 m) rolls.
KNM-50RB 1/2 PSF (2.5 kg/m2) Kinetics limp barrier material,
reinforced with a fiberglass screen, and loaded with barium sulphate.
Available in light tan color in 54" x 20 yard (1372 mm x 18.2 m) rolls.
KNM-100RB 1 PSF (4.9 kg/m2) Kinetics limp barrier material,
reinforced with a fiberglass screen, and loaded with barium sulphate.
Available in grey color in 54" x 20 yard (1372 mm x 18.2 m) rolls.
Specifications
Barrier material shall meet the sound transmission loss and physical
properties performance and the flammability standards listed in this
brochure.
Barrier material shall have a minimum continuous operating
temperature range from -40°F to 180°F (-40°C to 82.2°C), be
resistant to water, oils, weak acids, alkalies, and fungi, and have
excellent weather resistance.
Barrier material to be Model KNM by Kinetics Noise Control, Inc.
Product
Wt. Lbs./Sq. Ft. (kg/m2)
Tensile Strength Lbs./In. (kg/mm)
Tear Strength, Lbs./In. (kg/mm)
Flammability
Flameout, Sec.
Afterglow, Sec.
Char Length, In. (mm)
KNM-100C
1.00 (4.9)
400 (7.1)
140 (2.5)
3
0
0.5 (13)
KNM-100B
1.00 (4.9)
105 (1.9)
20 (0.4)
0
0
0.2 (5)
KNM-100RB
1.00 (4.9)
300 (5.3)
100 (1.8)
0
0
0.2 (5)
KNM-50C
0.50 (2.5)
201 (3.6)
70 (1.2)
3
0
0.5 (13)
KNM-50B
0.50 (2.5)
55 (1.0)
10 (0.2)
3
0
1.7 (43)
KNM-50RB
0.50 (2.5)
300 (5.3)
100 (1.8)
3
0
0.2 (5)
Product
KNM-50C
KNM-50B
KNM-50RB
KNM-100C
KNM-100B
KNM-100RB
Sound Transmission Loss, dB
Weight
Sq. Ft. (cm2)
0.50 (464)
0.50 (464)
0.50 (464)
1.00 (929)
1.00 (929)
1.00 (929)
125
11
11
11
15
13
15
250
12
12
12
19
17
19
500
15
15
15
21
21
21
1000
20
20
20
28
28
28
2000
26
26
26
33
33
33
4000
32
32
32
37
40
37
STC
21
21
21
26
26
26
Physical Properties
United States
6300 Irelan Place
P.O. Box 655
Dublin, Ohio 43017
Phone: 614-889-0480
Fax: 614-889-0540
Canada
3570 Nashua Drive
Mississauga, Ontario
L4V 1L2
Phone: 905-670-4922
Fax: 905-670-1698
www.kineticsnoise.com
sales@kineticsnoise.com
Kinetics Noise Control, Inc. is continually upgrading
the quality of our products. We reserve the right to
make changes to this and all products without notice.
KNM 10/08
Note: Barrier materials used for pipe/duct lagging are
tested as wrapped around the noise source (pipe/duct).
See Insertion Loss Data per ASTM E1222-90 using
Model KNM-100ALQ and KNM-200AL pipe/duct lagging.
THIS IS A QUOTE
Date:
Prepared By:
Attention:
Company:Phone:
Address:
City/State:Fax:
Zip:
Delivery:
Freight Terms:
Project Title:
Quantity Net Each
14 $598.00
1 $375.00
14 $1,043.00
$375.00
This quote is valid for 60 days. Payment Terms are NET 30 (with approved credit). Freight charges will be added at time
of shipping. Ultimate Destination is USA. All is in effect unless otherwise noted on this quote.
To reach via e-mail:
To reach via phone:319-610-4871
Field Installation kit with grommets.
Kinetics Model KNM100RB reinforced barrier material 54" x 60' PN 067607104
FOB Factory
WHEN ORDERING PLEASE REFERENCE YOUR QUOTATION NUMBER
Pickleball courts
Kinetics Model KNM100B barrier material, 54" x 60' PN 066101004
Field installation kit with grommets
Quote #:
3-4 weeks AROYour Outside Sales Person is:Randy Brekke
18-Mar-2019 31819
Randy Brekke
952-953-2310
Barry Bernstein
rbrekke@csgmail.com
Apple Valley Community Center
Apple Valley , MN bbernstein@ci.apple-valley.mn.us
Description Extended Net
Taxes and Freight not included.
The 14 rolls should be enough to cover 368 linear feet and 10 feet high.
$8,372.00
$375.00
$14,602.00
$375.00
520 50th Ave Dr SW
Cedar Rapids, IA 52404
866-577-2536
319-364-1067 (Fax)
Manufacturer's Terms and Conditions Apply
Pickleball Update
CITY COUNCIL
FEBRUARY 14, 2019
Map –Apple Valley Pickleball Courts
Brief History of Comments from
Neighborhood
Negative
Noise all day long-no specific
times for play
Yelling, screaming and
inappropriate language by
players
Noise from pickleball volley
too loud
Can’t use backyards
Positive
Pickleball noise does
not affect us
Enjoy the activity and
play
Provides a good
activity for our senior
population
Glad to see the
activity in the park
Sound Study Results
Based on
ESI Engineering
Study, Noise
Levels Meet
Minnesota
State
Requirements
Experiments to Reduce Noise Impact
Researched a sound defusing fabric on court fence
Natural vegetation barrier surrounding the courts
Modified play
Instituted sound reduction ball use during periods of
the day
Looked to utilize indoor courts at Hayes
Retained the services of an independent sound
engineering firm to conduct impact noise test as
well as investigation of a sound mitigation study
Experiments (Continued)
Eliminated the option to utilize the lights for
evening play
Attempted to coordinate consensus between the
pickleball community and neighbors whom have
issues with sound from courts
Attempted to advertise our other local pickleball
courts at Greenleaf, Scott and Redwood park
Looked at paddles that are advertised to produce
less sound
Currently
Options
Presented to the Parks and Recreation
Advisory Committee July 19, 2018
Investigate the use of sound reduction
pickleball paddles –This concept has been
used in other parts of the country
Close the southernmost 2 courts at times (i.e.,
4:30 to 7:30 P.M.)
Recommend additional pickleball courts in
another part of our community
Consider impacts of court construction in other
surrounding communities
Options Continued
Modify hours of pickleball play
Use of the number of courts to be used
Review other possible locations for pickleball courts
Vegetative barrier surrounding the courts
Weekday play from 9:00 A.M. to 1:30 P.M.
No Pickleball Play Weekdays from 1:30 to 4:30 P.M.
Weekday Play from 4:30 to 7:30 P.M.
No Pickleball Play Weekdays after 7:30 P.M.
Weekend Hours Remain Unchanged
Saturday 9:30 A.M. to 2:00 P.M.
Sunday 12:30 P.M. to 4:30 P.M.
Parks and Recreation Advisory Committee recommended
motion be forwarded to City Council for discussion
Recommendation of the Parks and Recreation
Advisory Committee on July 19, 2018
Availability of Courts in
Surrounding Communities
What has happened since the last time the Parks and
Recreation Advisory Committee discussed pickleball?
Additional courts recently added in neighboring cities
How might these additional courts affect future play on
Apple Valley courts?
Additional Courts -Lakeville
Dodd Trail Park Flagstaff Avenue
Dodd Trail Park pickleball courts opened in June 2018
Hours 6 am to 10 pm-no restrictions on pickleball play
6 dedicated courts
No restricted play at this time
Lakeville Before
Lakeville After
Additional Courts -Burnsville
Red Oak Park 12100 River Hills Drive
Opened fall of 2018
6 dedicated pickleball courts
and two dual stripped courts
Open during park hours (5 am to
10 pm)
No restrictions for pickleball play
Reported no issues of noise
reported at this time
Burnsville Before
Burnsville After
Additional Courts -Eagan
Quarry Park 3340 Coachman Rd
Opened fall of 2018 with grand opening proposed for spring of 2019
Court hours 8 am-8 pm
8 dedicated courts
No restrictions for pickleball play
Play on courts shall be first come first served basis. If others are waiting for court please limit play to 1 hour
Eagan Before
Eagan After
Hours of Play Comparison
Pickleball Hours of Play
Apple Valley
Hours in 2018
Apple Valley Parks
and Recreation
Advisory
Committee
Recommendation
Burnsville Eagan Lakeville
Monday
thru
Friday
8:30 am to 2:00
pm &
4:30 to 8:00 pm
All other times
require use of
noise
reduction ball
9:00 am to 1:30 pm
No play 1:30 to 4:30
pm
4:30 to 7:30 pm
No play after 7:30
pm
5:00 am to 10:00 pm
No specific pickleball
hours
8:00 am to 8:00 pm 6:00 am to 10:00 pm
No specific pickleball
play
Saturday 9:30 am to 2:00
pm
9:30 am to 2:00 pm
pm
5:00 am to 10:00 pm 8:00 am to 8:00 pm 6:00 am to 10:00 pm
Sunday 12:30 to 4:30
pm
12:30 to 4:30 pm 5:00 am to 10:00 pm 8:00 am to 8:00 pm 6:00 am to 10:00 pm
Pickleball Courts in the Area
Dedicated Pickleball Courts in Neighboring Cities
Apple Valley Burnsville Eagan Lakeville
Hayes Park -2018 Red Oak Park Quarry Park Dodd Trail Park
Total Number of
Courts 6 6 8 6
Outdoor Lights Used?No Yes No No
Equipment
Restrictions?
Quiet Ball At
Certain Times No No No
Noise
attenuation/barriers
installed?No Yes No No
If so, where on courts
is the product
installed NA West Side NA NA
What type of noise
barrier is used?NA Acousti-Fence NA NA
Plans to add
additional courts?None At This Time None At This Time None At This Time
Considering Park
Bond Issue to Add
More Courts
Sound Mitigation Study
Study Outlined Options to Reduce Pickleball Noise
Reduce hours of regular pickleball play
Close courts during certain hours
Convert the existing fence into noise control barrier
Study specifically addressed how sound reduction
might be achieved through the installation of a noise
control barrier
Sound Mitigation Study
Pickleball
Noise Would
Still Be
Audible, But
Median Levels
Would be
More Similar to
the
Background
Sound Mitigation Study
8’ Barrier =
Approx.
8 dB Noise
Reduction
10’ Barrier =
Approx.
10 dB Noise
Reduction
Sound Mitigation Study
Staff
Researched
Products
Offered by 3
Companies
10dBA
Reduction
Sounds
About Half as
Loud as the
Baseline
Condition
Options To Consider
(Could Implement One or More)
Implement Additional
Restrictions on Hours of
Play (PRAC
Recommendation)
Options To Consider
(Could Implement One or More)
Implement Additional
Restrictions on Hours of
Play (PRAC
Recommendation)
Authorize the
Installation of
Sound Abatement
Fencing
Options To Consider
(Could Implement One or More)
Implement Additional
Restrictions on Hours of
Play (PRAC
Recommendation)
Authorize the
Installation of
Sound Abatement
Fencing
Implement
Additional
Restrictions on
Paddles and Balls
Options To Consider
(Could Implement One or More)
Implement Additional
Restrictions on Hours of
Play (PRAC
Recommendation)
Authorize the
Installation of
Sound Abatement
Fencing
Implement
Additional
Restrictions on
Paddles and Balls
Make No Changes At
This Time and Wait to
See How Newly Added
Courts Affect AV Play
Options To Consider
(Could Implement One or More)
Implement Additional
Restrictions on Hours of
Play (PRAC
Recommendation)
Authorize the
Installation of
Sound Abatement
Fencing
Implement
Additional
Restrictions on
Paddles and Balls
Make No Changes At
This Time and Wait to
See How Newly Added
Courts Affect AV Play
Other
Options?
Questions and
Comments?
Pickleball UpdateCITY COUNCILMARCH 28, 2019
Map – Apple Valley Pickleball Courts
Brief History of Comments from NeighborhoodNegativeNoise all day long- no specific times for playYelling, screaming and inappropriate language by playersNoise from pickleball volley too loudCan’t use backyardsPositivePickleball noise does not affect usEnjoy the activity and playProvides a good activity for our senior population Glad to see the activity in the park
Brief History of Comments from NeighborhoodNegativeNoise all day long- no specific times for playYelling, screaming and inappropriate language by playersNoise from pickleball volley too loudCan’t use backyardsPositivePickleball noise does not affect usEnjoy the activity and playProvides a good activity for our senior population Glad to see the activity in the parkHave looked at many different options in an attempt to achieve a fair and balanced outcome for both players and neighbors.
Currently
Sound Study ResultsBased on ESI Engineering Study, Noise Levels Meet Minnesota State Requirements
OptionsPresented to the Parks and Recreation Advisory Committee July 19, 2018Modify pickleball hours of playInvestigate the use of sound reduction pickleball paddles (this concept has been used in other parts of the country)Close the southernmost two courts at times (i.e., 4:30 to 7:30 P.M.)Recommend additional pickleball courts in another part of our communityConsider additional noise analysisConsider impacts of new court construction in other surrounding communities
Availability of Courts in Surrounding CommunitiesWhat has happened since the last time the Parks and Recreation Advisory Committee discussed pickleball?Additional courts recently added in neighboring citiesHow might these additional courts affect future play on Apple Valley courts?
Pickleball Courts in the AreaDedicated Pickleball Courts in Neighboring CitiesApple Valley2018Hayes ParkTotal Numberof Courts6
Pickleball Courts in the AreaDedicated Pickleball Courts in Neighboring CitiesApple Valley Burnsville Eagan Lakeville2019 2019 2019 2019Hayes ParkRed Oak ParkQuarry ParkDodd Trail ParkTotal Numberof Courts6686
Recommended Modified Hours of PlayRecommended Completion of a Sound Attenuation Study to Determine Effectiveness of Noise BarrierRecommendation of the Parks and Recreation Advisory Committee on July 19, 2018
Modified Hours of PlayWeekday play from 9:00 A.M. to 1:30 P.M. No Pickleball Play Weekdays from 1:30 to 4:30 P.M.Weekday Play from 4:30 to 7:30 P.M. No Pickleball Play Weekdays after 7:30 P.M.Weekend Hours Remain UnchangedSaturday 9:30 A.M. to 2:00 P.M.Sunday 12:30 P.M. to 4:30 P.M.Parks and Recreation Advisory Committee recommended motion be forwarded to City Council for discussionRecommendation of the Parks and Recreation Advisory Committee on July 19, 2018
Sound Attenuation StudySound Attenuation Study outlined options to reduce pickleball noiseSpecifically addressed how sound reduction might be achieved through the installation of a noise control barrierRecommendation of the Parks and Recreation Advisory Committee on July 19, 2018
Sound Mitigation StudyPickleball Noise Would Still Be Audible, But Median Levels Would be More Similar to the Background
Sound Mitigation Study8’ Barrier = Approx. 8 dB Noise Reduction10’ Barrier =Approx. 10 dB Noise Reduction
Sound Mitigation StudyStaff Researched Products Offered by 3 Companies10dBA Reduction Sounds About Half as Loud as the Baseline Condition
Implement Additional Restrictions on Hours of Play (PRAC Recommendation)Authorize the Installation of Sound Abatement Fencing Implement Additional Restrictions on Paddles and BallsMake No Changes At This Time and Wait to See How Newly Added Courts Affect AV PlayOptions Discussed at February 14, 2019 City Council Workshop
Implement Additional Restrictions on Hours of Play (PRAC Recommendation)Authorize the Installation of Sound Abatement Fencing Implement Additional Restrictions on Paddles and BallsMake No Changes At This Time and Wait to See How Newly Added Courts Affect AV PlayConsider Building New CourtsOptions Discussed at February 14, 2019 City Council Workshop
Draft Resolution Prepared - Modified Hours of PlayWeekday play from 9:00 A.M. to 1:30 P.M. No Pickleball Play Weekdays from 1:30 to 4:30 P.M.Weekday Play from 4:30 to 7:30 P.M. No Pickleball Play Weekdays after 7:30 P.M.Weekend Hours Remain UnchangedSaturday 9:30 A.M. to 2:00 P.M.Sunday 12:30 P.M. to 4:30 P.M.Parks and Recreation Advisory Committee recommended motion be forwarded to City Council for discussionRecommendation of the Parks and Recreation Advisory Committee on July 19, 2018
City Council May Also Want to ConsiderPossible Installation of Sound Attenuation Fabric at Hayes ParkConsider Directing Staff to Explore Other Pickleball Locations Within the City
Questions and Comments
I T E M: 5.B .
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:Regular Agenda
Description:
P ass Ordinance A mending Chapter 155 of the C ity C ode, R egarding B uilding C onstruction
S tandards, F ences, and A ccessory S tructures (Recommend waivi ng second reading)
S taff Contact:
K athy Bodmer, A I C P, P lanner
D epartment / Division:
C ommunity D evelopment Department
Applicant:
City of Apple Valley
P roject Number:
P C19-01-Z
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Adopt ordinances amending C ity C ode Title XV Land Usage, Chapter 155 Zoning related to
building construction, fences, and accessory buildings and structures. (Recommend waive
second reading.)
S UM M ARY:
Attached are three proposed ordinances amending C hapter 155 Zoning chapter of the A pple
Valley C ity C ode. T he amendments are needed to bring Chapter 155 into conformance with
the provisions of the Minnesota State Building C ode (MS BC). When the MS BC was
updated in 2015, certain elements of the MS BC conflicted with some of the provisions of the
City C ode Zoning C hapter 155. T he ordinances will bring the zoning code into compliance
with the State Building C ode related to building construction, fences and accessory
buildings.
B AC K G RO UND :
T he proposed amendments to the zoning code will make the zoning code better align with the
provisions of the Minnesota State Building C ode (MSBC ). T he following amendments are
proposed:
1. Property Maintenance - Building C onstruction Requirements
Sect. 155.360(D)(2) P roperty Maintenance
Provision is added to ensure that accessory buildings and structures are constructed and
maintained with materials and methods that prevent storm damage, water infiltration and
decay. T he provision prohibits the use of temporary material for building exteriors and
roofs and ensures the completion of construction projects. T he long-term use of house
wrap material, tar paper, tarps or similar materials is prohibited. Exteriors must be
maintained with paint, stain or siding and roofs must be covered with shingles or other
materials acceptable under the MSBC .
2. Fences
Sect. 155.003 Definitions
T he definition of "Fence" is modified by removing a provision related to building
permits. Building permits for fences are addressed in a different section of the code.
Sect. 155.351(A) F ences; P ermits and L ocation
Amends the requirement when a building permit is needed to construct a fence. T he
requirement is increased from six feet (6') to seven feet (7') to correspond with the
current MN Building Code provisions. Language is also amended to state that a
building permit is required for a fence unless otherwise exempted by the MSBC .
3. Accessory Buildings
Sect. 155.332(A) Accessory Buildings and Structures - B uilding P ermit
Provisions under which a building permit is required for construction of an accessory
building are modified. T he requirement is updated to state that a building permit is
required to construct an accessory building that is 200 sq. ft. or larger. T his update
brings the zoning code into compliance with the MSBC .
Sect. 155.332(D) Accessory B uildings - Setbacks and P lacement
T he requirements for accessory building setbacks and placement are amended based on
Planning C ommission feedback at the public hearing on February 6, 2019. O nly a
garage would be permitted in the front yard; all other accessory buildings would be
required to be located in the side yard or rear yard. Accessory buildings larger than
144 sq. ft. are required to comply with the side yard setback requirements of the zoning
district in which the building is located, but the rear setback may be reduced to 10'.
Buildings less than 144 sq. ft. may be located 5' from an interior side lot line and 5'
from a rear lot line. All accessory buildings must be located a minimum of 20' from a
street side lot line.
Sect. 155.332(I ) Accessory Building - Anchoring
T he Building Official asked that the current provision of the zoning code be removed
related to anchoring of accessory buildings. T he current requirement states that all
accessory buildings must be "suitably anchored" to the ground. He states that the
zoning provision is vague and anchoring is more specifically addressed in the MSBC .
Sect. 155.332(J) Accessory Buildings Construction and Maintenance
Provisions in this section are identical to Sect. 155.360(D)(2) discussed above related
to accessory building construction and maintenance. Again, all accessory buildings
must be constructed and maintained with materials and methods that prevent storm
damage, water infiltration and decay.
Sect. 155.053(B ) P ermitted Accessory Uses (One-F amily Residential District)
Currently, residents located in the "R" (Residential) zoning districts are allowed to have
one small accessory building of 120 sq. ft. or less and one large accessory building up
to 750 sq. ft. T his allows for a detached garage and garden shed. T he proposed
amendment would increase the size of the "small" building from 120 sq. ft. to 144 sq.
ft. T his would allow up to a 12' x 12' shed in addition to a larger detached accessory
building.
Currently, any building 200 sq. ft. or smaller does not require a building permit.
Normally the threshold for the size of the "small" building was based on the size of
building that did not require a building permit under the MSBC . Staff is concerned that
allowing the size of the "small" building up to 200 sq. ft. would be a significant change
to the code and essentially allow for a 10 x 20' building in addition to a detached
garage. T his would impact impervious surface coverage and would be a more
substantial structure than a simple garden shed.
Sect. 155.053(B ) P ermitted Accessory Uses (One-F amily Residential District)
A definition is added to clarify how the size of the accessory buildings are determined
for zoning purposes. In cases where the roof overhang exceeds 24", the C ity will
calculate the roof area rather than the building area. T his will help to address situations
when homeowners wish to have small sheds with large roof overhang for shade or
additional outdoor storage. T he MSBC states that size of an accessory building is
based on the building floor area. T his amendment in the zoning code will be used
to help address rare cases when homeowners wish to construct unique structures.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Ordinance
Ordinance
Ordinance
Presentation
CITY OF APPLE VALLEY
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE” BY
AMENDING SECTION 155.360 REGARDING PROPERTY MAINTENANCE
The City Council of Apple Valley ordains:
Section 1. Title XV of the Apple Valley City Code is amended by revising Section
155.360 (D)(2) to read as follows:
(2) Exterior of buildings, structures, and accessory structures.
(a) General. The exterior of any building, structure, or accessory structure shall be
maintained in good repair so as not to pose a threat to the public health, safety, or welfare. All
accessory building and structure exterior surfaces shall be constructed and maintained with
protective covering or treatment as to protect the surfaces from the weather elements and decay.
Exterior wood surfaces shall be protected and maintained with either exterior paint or stain or
other protective covering or treatment such as siding. All roofs shall be maintained and properly
protected with singles, tin roofing or other products deemed acceptable under the Minnesota
State Building Code to provide the building weather-resistant and water tight. For all accessory
buildings constructed by conventional methods, the exterior wall surfaces and roof shall have
protective covering as is otherwise required for residential homes under the Minnesota State
Building Code.
Section 2. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 3. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice 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 4. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this ___ day of ________, 2019.
_________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE” BY
AMENDING CHAPTER 155 REGARDING BUILDING PERMIT REQUIREMENT
FOR FENCES IN EXCESS OF SEVEN FEET
The City Council of Apple Valley ordains:
Section 1. Title XV of the Apple Valley City Code is amended by revising the definition
of fence in Section 155.03 to read as follows:
FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier or
enclosure and located along the boundary or within the required yard. A FENCE in excess of six
feet in height shall be subject to a building permit as required by the Minnesota State Building
Code.
Section 2. Title XV of the Apple Valley City Code is amended by revising Section
155.351(A) to read as follows:
(A) Permit required. No person, firm or corporation, except on a farm and related to
farming, shall hereafter construct or cause to be constructed or erected any fence, wall or similar
barrier in excess of six seven feet in height, as measured from the ground to the top of the fence
with an exception of a two-inch ground clearance, without first obtaining a building permit from
the city, unless otherwise exempt by the Minnesota State Building Code. Any fence, wall or
similar barrier requiring a building permit shall be constructed or erected in accordance with the
provisions of the Minnesota State Building Code.
Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 4. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice 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 5. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this ___ day of ________, 2019.
_________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE” BY
AMENDING SECTIONS 155.332 AND 155.053 REGARDING ACCESSORY
STRUCTURES
The City Council of Apple Valley ordains:
Section 1. Title XV of the Apple Valley City Code is amended by revising Section
155.332 to read as follows:
§ 155.332 ACCESSORY BUILDINGS AND STRUCTURES.
(A) It shall be unlawful to install, construct, erect, alter, revise, reconstruct or move any
outdoor accessory storage building which exceeds 200 square feet of enclosed area on a
residentially zoned lot without first obtaining a building permit.
(B) The application for a building permit for an accessory building or structure shall be
made upon a form provided by the city and shall include:
(1) Drawings, plans and specifications in sufficient detail so that the city’s
Building Inspector may review the same for compliance with all applicable building codes;
(2) Illustration of the method of anchoring the building to the ground which
must be approved by the Building Inspector; and
(3) Other information as the city may require to ensure compliance with these
regulations.
(C) No accessory building or structure other than a fence or a temporary construction
office shall be permitted on any lot in an R district prior to the time of construction of the
principal building to which it is accessory, except a residential garage, which prior to
construction of the residence can be used only for storage purposes pertaining to and until
completion of the main structure.
(D) Setbacks.
(1) All accessory buildings or structures, except those related to a farming
operation in an Agricultural district, shall be located in the side or rear yard. Notwithstanding
the foregoing, in an R district, an accessory detached garage may be in the front yard in
accordance with the applicable front yard setback set forth in this Chapter. An accessory
building or structure that is 144 square feet or less shall be no closer than five feet to any side or
rear lot line. An accessory building or structure that is greater than 144 square feet in area shall
be no closer than 10 feet to any rear lot line and in accordance with the side lot line setback for
the applicable district as provided elsewhere in this Chapter. If the accessory building or
2
structure, regardless of size, is adjacent to a public street right-of-way, then it shall be no closer
than 20 feet to a side lot line.
(2) Accessory buildings and structures related to a farming operation and on a
farm, may be located anywhere on the lot except that a building for housing more than two
animal units shall not be less than 50 feet from a lot line and all buildings shall otherwise
conform to yard regulations for the district in which it is located.
(E) Any accessory building or structure not attached to a dwelling unit shall be set back
a minimum of six feet from the dwelling unit. If the dwelling unit has an attached garage, the
accessory building or structure may be placed directly adjacent to the garage provided it
maintains the six-foot setback from the dwelling unit and any other applicable setbacks. A
detached accessory building or structure may be placed closer than six feet to a dwelling unit if
appropriate fire protection of the exterior wall(s) and roof is provided.
(F) All accessory buildings or structures shall be maintained and kept so as not be an
eyesore or a nuisance. Any building which is not so maintained shall be removed by the
property owner or upon due notice. The building may be removed by the city at the property
owner’s expense.
(G) An accessory building or structure shall not exceed 16 feet in height and 750 square
feet in area.
(H) A portable or permanent accessory building or structure shall not be located in a
public utility easement, except when approved by the city and/or any public utility holding the
easement. Where any question arises as to the location or design of the accessory building, the
Building Inspector may refer the matter to the City Council for final determination.
(I) All accessory building and structure exterior surfaces shall be constructed and
maintained with protective covering or treatment as to protect the surfaces from the weather
elements and decay. Exterior wood surfaces shall be protected and maintained with either
exterior paint or stain or other protective covering or treatment such as siding. All roofs shall be
maintained and properly protected with singles, tin roofing or other products deemed acceptable
under the Minnesota State Building Code to provide the building weather-resistant and water
tight. For all accessory buildings constructed by conventional methods, the exterior wall
surfaces and roof shall have protective covering as is otherwise required for residential homes
under the Minnesota State Building Code.
Section 2. Title XV of the Apple Valley City Code is amended by revising Section
155.053(B) to read as follows:
§ 155.053 PERMITTED ACCESSORY USES.
Within any R-1, R-2, and R-3 district, no accessory structures or use of land shall be permitted,
except for one or more of the following uses or uses deemed similar by the City Council:
* * * *
3
(C) One accessory structure in addition to any garage(s), except that it shall not exceed
144 square feet in area if a detached garage exists on the same lot. If there is no detached garage
on the property, there may be not more than two accessory structures of which one shall not
exceed 750 square feet and the other shall not exceed 144 square feet. In the event a detached
garage is constructed, any accessory structures existing on the same lot shall be removed or
modified such that only one accessory structure remains which must be 144 square feet or less in
area. Landscape features, such as statuary and the like; easily movable seasonal temporary
structures not intended to remain erected for 12 months, such as party tents and the like; and
backyard play equipment, such as swing sets, trampolines, slides, and the like, shall not count
towards the number of permitted accessory structures as provided in this division. For purposes
of calculating the square feet area of the accessory structure for this clause, the total roof area of
an accessory building or structure shall be used if the roof edge projects beyond a wall or support
post of the structure more than 24 inches in any direction.
Section 2. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. ____” a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the
intent and effect of the ordinance.
Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 4. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice 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 5. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this 28th day of March, 2019.
_________________________________
` Mary Hamann-Roland, Mayor
ATTEST:
____________________________________
Pamela J. Gackstetter, City Clerk
4
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE” BY
AMENDING SECTIONS 155.332 AND 155.053 REGARDING ACCESSORY
STRUCTURES
The following is the official summary of Ordinance No. ____ approved by the City
Council of Apple Valley on March 28, 2019:
This ordinance amends Chapter 155 of the City Code which governs the City’s zoning
regulations. Section 155.332 is amended to revise the specified size of an accessory
building or structure for which a building permit is required under the MN State Building
Code (increased from 120 to 200 square feet). Section 155.332 is further amended to
clarify the permitted location and the property line setbacks for an accessory building or
structure based on size. Section 155.332 is amended to add regulations regarding the
construction and maintenance requirements of the exterior surface(s) and roof of an
accessory building or structure. Sections 155.053 and 155.332 is amended to increase the
maximum size of a “small” accessory building from 120 to 144 square feet.
A printed copy of the ordinance is available for inspection by any person during regular
office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th
Street West, Apple Valley, Minnesota 55124.
3/27/2019
1
Ordinances Amending Zoning
Code: Bldg Construction
Requirements, Fences and
Accessory Buildings
City Council Meeting March 28, 2019
Requested Action
Consider ordinances amending zoning code related to
1.Property Maintenance (building construction and maintenance)
2.Fences
3.Accessory buildings
3/27/2019
2
Property Maintenance (§155.360)
Accessory Buildings and Structures
•Constructed and maintained with materials and methods
that prevent storm damage, water infiltration and decay.
•Completed projects – standard construction material
Fences (§155.003
and 155.351)
•Definition amended.
•Building permit requirement
increased from 6’ to 7’.
Twitter question.
•Refined language to more
accurately reflect State law
exemption for building
permits.
3/27/2019
3
Accessory Buildings (§155.332)
1.Building permit for accessory buildings larger
than 200 sq. ft.
2.Accessory building setbacks:
a.Permitted in side, rear yard; only garages
in front yard.
b.“Small” building increased from 120 sq. ft.
to 144 sq. ft.
c.Setbacks for buildings 144 sq. ft. and
smaller 5’‐5’‐20’
d.Setbacks buildings > than 144 sq. ft. side
setback of district, 10’ rear, 20’ street side.
Accessory Buildings (§155.332)
3.Repeat Property Maintenance provisions for building
construction and maintenance.
4. Move provision for how
zoning code calculates
building area ‐ different from
the MSBC.
a. If roof overhang exceeds
24”, use roof area for
calculation rather than
building area.
3/27/2019
4
Accessory Building (§155.053)
5.§ 155.053 Permitted Accessory Uses in “R” Districts
Allows Two Detached Accessory Buildings:
•Large: Detached garage maximum 750 sq. ft.
•Small: “Garden shed” not to exceed 120 sq. ft. 144 sq. ft.
Ordinance Amendments
Summary
•Ensure Chapter 155 complies with Minnesota State Building
Code.
•Update and improve performance standards for accessory
building materials and construction methods.
•Modify setbacks for accessory buildings in “R” districts.
•Increase size of second, “small,” accessory building.
3/27/2019
5
Planning Commission
Recommendation
At its meeting of March 6, 2019, the Planning Commission
voted unanimously to recommend approval of the draft
ordinances.
1.Pass ordinance amending Chapter 155 of the City Code
related to property maintenance, fences and accessory
buildings.
Questions?
3/27/2019
6
Building Construction
Requirements
§ 155.360(D)(2) Property Maintenance Regulations
(2) Exterior of buildings, structures, and accessory structures.
(a) General. The exterior of any building, structure, or accessory
structure shall be maintained in good repair so as not to pose a threat to the public
health, safety, or welfare. All accessory building and structure exterior surfaces shall be
constructed and maintained with protective covering or treatment as to protect the
surfaces from the weather elements and decay. Exterior wood surfaces shallbe
protected and maintained with either exterior paint or stain or other protective covering
or treatment such as siding. All roofs shall be maintained and properly protected with
singles, tin roofing or other products deemed acceptable under the Minnesota State
Building Code to provide the building weather-resistant and water tight.For all
accessory buildings constructed by conventional methods, the exterior wall surfaces
and roof shall have protective covering as is otherwise required for residential homes
under the Minnesota State Building Code.
Fences
§ 155.003 Definitions:
FENCE.Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard. A FENCE in excess of six feet in height shall be subject to a building permit as required by the Minnesota State Building Code.
§ 155.351(A) Fences; Permits and Location
(A)Permit required. No person, firm or corporation, except on a farm and related to farming, shall hereafter construct or cause to be constructed or erected any fence, wall or similar barrier in excess of six seven feet in height, as measured from the ground to the top of the fence with an exception of a two‐inch ground clearance, without first obtaining a building permit from the city, unless otherwise exempt by the Minnesota State Building Code.
3/27/2019
7
Accessory Buildings
§ 155.332 Accessory Buildings and Structures.
(A) It shall be unlawful to install, construct, erect, alter, revise, reconstruct or move any outdoor accessory storage building which exceeds 120 200 square feet of enclosed area on a residentially zoned lot without first obtaining a building permit. If the roof of an accessory building or structure is projected beyond the walls or supports of the building or structure more than 24 inches in any direction and the total roof area exceeds 120 200 square feet, a building permit shall also be required.
Accessory Buildings
§ 155.332 Accessory Buildings and Structures.
(D) Setbacks.
(1) All accessory buildings or structures 120 square
feet in area or less, except those related to a farming operation, shall be
located in the side or rear yard and no closer than five feet to any
property line or 20 feet to a side lot line, if adjacent to any public street
right-of-way.
(2) All accessory buildings or structures exceeding
120 square feet in area, except those related to a farming operation, shall
meet the minimum building setbacks of the appropriate zoning district,
except that in R districts the accessory building may be set back from
rear lot lines a minimum of ten feet.
3/27/2019
8
Accessory Buildings
§ 155.332 Accessory Buildings and Structures.
(D) Setbacks.
All accessory buildings or structures, except those related to a farming operation in an Agricultural district, shall be located in the side or rear yard. Notwithstanding the foregoing, in a R district, an accessory detached garage may be in the front yard in accordance with the applicable front yard setback set forth in this Chapter. An accessory building or structure that is 144 square feet or less shall be no closer than five feet to any side or rear lot line. An accessory building or structure that is greater than 144 square feet in area shall be no closer than 10 feet to any rear lot line and in accordance with the side lot line setback for the applicable district as provided elsewhere in this Chapter. If the accessory building or structure, regardless of size, is adjacent to a public street right‐of‐way, then it shall be no closer than 20 feet to a side lot line.
Accessory Buildings
§ 155.332 Accessory Buildings and Structures.
(I)All accessory buildings and structures shall be suitably anchored to the
ground.
(J) Any accessory building or structure in excess of 120 square feet shall be
constructed to the standards of the Minnesota State Building Code. All accessory
building and structure exterior surfaces shall be constructed and maintained with
protective covering or treatment as to protect the surfaces from the weather
elements and decay. …
3/27/2019
9
Accessory Buildings
§ 155.332 Accessory Buildings and Structures.
(J) (Con’t) … Exterior wood surfaces shall be protected and maintained with either exterior paint or stain or other protective covering or treatment such as siding. All roofs shall be maintained and properly protected with singles, tin roofing or other products deemed acceptable under the Minnesota State Building Code to provide the building weather‐resistant and water tight. For all accessory buildings constructed by conventional methods, the exterior wall surfaces and roof shall have protective covering as is otherwise required for residential homes under the Minnesota State Building Code.
Accessory Buildings
§155.053 Permitted Accessory Uses [in R Districts].
(B) One accessory structure in addition to any garage(s) except
that it shall not exceed 120 144 square feet in area if a detached
garage exists on the same lot. If there is no detached garage on
the property, there may be not more than two accessory
structures of which one shall not exceed 750 square feet and the
other shall not exceed 120 144 square feet. In the event a
detached garage is constructed, any accessory structures existing
on the same lot shall be removed or modified such that only one
accessory structure remains which must be 120 144 square feet
or less in area. …
3/27/2019
10
Accessory Buildings
§155.053 Permitted Accessory Uses.
(B) … For purposes of calculating the square feet area of the
accessory structure for this clause, the total roof area of an
accessory building or structure shall be used if the roof edge
projects beyond a wall or support post of the structure more
than 24 inches in any direction.
I T E M: 5.C.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:Regular Agenda
Description:
P ass Ordinance A mending Chapter 154 of the C ity C ode, R egarding S igns Allowed in "A "
(A gricultural) Z oning Districts (Recommend waiving second readi ng)
S taff Contact:
K athy Bodmer, A I C P, P lanner
D epartment / Division:
C ommunity D evelopment Department
Applicant:
City of Apple Valley
P roject Number:
P C19-03-0
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Pass ordinance amending Title XV C hapter 154 Sign Code concerning signs allowed in "A"
(Agricultural) zoning districts. (Recommend waiving second reading.).
S UM M ARY:
Pahl's Market, 6885 - 160th Street W. would like to replace their existing free-standing sign
along 160th Street. T he sign is currently 13' tall and contains a changeable message sign,
with individual plastic letters, which must be installed and removed by hand in order to
change the message. T he Pahls wish to replace the sign with a sign containing an electronic
reader board. T he new sign would cover the existing poles and would be almost identical in
size to the previous sign.
T he sign code permits one ground sign with a maximum height of 8' and maximum area of 40
sq. ft. in the "A " (Agricultural) zoning district. T he requested sign would be 13' tall and
have a maximum area not to exceed 80 sq. ft.
T he Pahls state that their property is used for a commercial greenhouse and nursery that
requires additional signage not currently available in the Sign C ode. T he attached ordinance
would amend the sign code to allow the replacement sign requested by the Pahls.
B AC K G RO UND :
T he Pahls wish to replace their existing freestanding sign with a similarly sized sign along
160th Street West (C SA H 46). While the height of the sign is proposed to remain the same,
13', the overall sign area will increase slightly from 74.4 sq. ft. to 78 sq. ft. Of that, no more
than 2/3 of the sign will contain the digital image. T hey would like to use the existing poles
and construct a new sign over the existing sign structure.
Pahl's Market is a nursery and greenhouse operation with nursery stock, gardening supplies
and a market for locally grown fruits and vegetables. Pahls states that other retail locations,
including Bachman's, Walmart, Home Depot and others, compete with them for nursery sales
in the Spring and are entitled to one 24' tall pylon sign with an area of up to 110 sq. ft. T he
Pahls state that a 40 sq. ft. ground sign is insufficient to adequately advertise their business.
While they recognize that the site is zoned "A" (Agricultural), they would like to increase the
allowable area of the freestanding sign from 40 sq. ft. to 80 sq. ft. and increase the allowable
height from 8' to approximately 13'.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Ordinance
Map
C ode E xcerpts
Presentation
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
TITLE XV, ENTITLED “LAND USAGE” BY AMENDING CHAPTER 154-
APPENDIX C & D REGARDING SIGN REGULATIONS APPLICABLE WITHIN
AGRICULATURAL ZONING DISTRICTS
The City Council of Apple Valley ordains:
Section 1. The Apple Valley Code, Chapter 154, Appendix C is hereby amended by
revising Appendix C, in part, to read as follows:
APPENDIX C: SIGNS REQUIRING PERMITS
The following signs may be erected or maintained, as shown for each zoning district or
land use, only after obtaining a permit from the city and payment of permit fees, providing the
standards of § 154.03 are met.
Zoning District Pylon Sign Ground Sign Building
Sign
Maximum Area
(sq. ft.)
Residential — 1 — 40
Multiple Residential — 1 or 1One of either, but not both 40
Agriculture --- One of either, but not both 40
Agriculture: parcel is
10 acre or more with
commercial
greenhouse or
nursery in operation
1 of each sign. Area of building
sign shall not exceed 200 sq.ft. 80
* * * *
NOTES TO TABLE
1 - Area of sign for building sign(s) may be equal to:
1 sq. ft. of area of sign per 25 sq. ft. of the sign permit-holder's occupied floor area of
the building if occupied area is 5000 sq. ft. or less; plus an additional 1 sq. ft. of area of
sign per 100 sq. ft. of the sign permit-holder's occupied floor area of the building over
5000 sq. ft.
Maximum allowed: 500 sq. ft. area of sign per building
Minimum allowed: 40 sq. ft.
2 - Area of sign for building sign(s) in limited business district may be equal to:
1 sq. ft. of sign per 100 sq. ft. of total building floor area.
Maximum allowed: 200 sq. ft. of area of sign per building
2
Minimum allowed: 40 sq. ft.
3 - See § 154.04(H) regarding a second permissible ground sign as a substitution for all
building signs.
4 - Sign area for buildings in institutional districts:
1 sq. ft. of area of sign per 100 sq. ft. of the total building floor area
Maximum allowed: An aggregate of 500 sq. ft. for all building signs on lot.
Minimum allowed: 40 sq. ft.
Section 2. The Apple Valley Code, Chapter 154, Appendix D is hereby amended by
revising Appendix D, in part, to read as follows:
Type of Sign
Minimum Setback;
Public Street Right-of-
Way Line (feet)
Minimum Setback;
Other Yards (feet)
Maximum
Height
(feet)
Advertising Minimum required
building setback
Minimum required
building setback 12
Business building Minimum required
building setback
Minimum required
building setback
Highest
outside
wall
Construction 13
10 and minimum of
50 feet from a
residence
8
Development; residential,
commercial and industrial
13, except signs over 100
sq. ft. shall be set back
20 feet
10 and minimum of
50 feet from a
residence
12
Garage sale, political and
promotional
18 from gutter line or
outside edge of roadway 10 8
Ground sign* 13 10 8
Major anchor; center* 13 10 28
Menu boards 20 10 8
Monument sign 13 10 8
Pylon sign* 13 10 24
Real estate 13 10 8
Noncommercial 13 10 8
3
NOTES TO TABLE
* - A pylon sign must be a minimum of 50 feet from any other pylon sign. Any pylon or
ground sign must be 300 feet away from any major anchor/center sign.
In Agricultural districts: on parcel that is 10 acres or more with a commercial greenhouse or
nursery in operation a freestanding sign (ground or pylon) shall not be more than 13 feet in
height.
Section 3. The Apple Valley Code, Chapter 154, is hereby amended by revising
definition of “setback for a sign” in Section 154.02 to read as follows:
§ 154.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
* * * *
SETBACK FOR A SIGN. The shortest distance between a property or public right-of-way line
and the surface or main supporting structure of a sign. The term “setback” shall have the same
definition as that set forth in the zoning regulations in this Code. Pylon signs, exclusive of the
supporting structure, may project three feet into the minimum required setback.
* * * *
Section 4. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED this ____ day of _______________, 2019
_______________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
A
SITE
I-2
GARDEN VIEW DRPENNOCKAVE140th ST W 140th ST W I35E160th ST W (CSAH 46)
150th ST W (CSAH 42)
CO RD 38
157th ST W
1 32nd S T W
JOHNNY CAKE RIDGE RD150th ST (CSAH 42)PILOT KNOB RDPENNOCKAVEPALOMINODR
147th ST WHAYES RDW HIT N EY DR
FOLIAGE AVEDIAMOND PATHFLAGSTAFF AVECEDAR AVE153rd ST W
127th S T W
DODD BLVDCO RD 11GALAXIE AVE140th ST W
GALAXIE AVEFLAGSTAFF AVEPILOTKNOBRDC O RD38
C O R D 3 8
CEDAR AVEDIAMOND PATH
160th ST W (CSAH 46)CEDAR AVEµ
PARCELS ZONED "A"(AGRICULTURAL)
ZONING M AP
3/27/2019
1
Sign Ordinance
Amendment
City Council Meeting March 28, 2019
Location Map –City Wide
Properties Zoned
“A” (Agricultural)
3/27/2019
2
Requested Action
1.Consider Ordinance amending Chapter
154 Signs to allow replacement of 80 sq.
ft. freestanding sign at Pahl’s Market.
Existing Sign Location
3/27/2019
3
Existing Sign
Proposed Replacement Sign
3/27/2019
4
Current Sign Requirement
APPENDIX C: SIGNS REQUIRING PERMITS
Zoning
District
Pylon Sign Ground Sign Building Sign Maximum
Area (sq. ft.)
Agriculture
and Multiple
Residential ‐‐‐ 1 or 1 40
Proposed Sign (5’ x 8’ Electronic)
3/27/2019
5
Sign Update Image
Before and After Image
3/27/2019
6
Proposed Revisions
Standards:
•Properties Zoned “A” (Agriculture)
•Parcels 10 acres or larger
•Conducting nursery or greenhouse operations
1.Ground sign up to 80 sq. ft., max height 13’.
2.Building signs not to exceed 200 sq. ft.
3.Updated definition for Sign Setback
Requested Action
1.Pass Ordinance amending Chapter 154
Signs to allow replacement of 80 sq. ft.
freestanding sign at Pahl’s Market
(recommend waiving second reading).
3/27/2019
7
Questions?
Proposed Sign
3/27/2019
8
Proposed Ordinance
Amendment
Zoning District Pylon
Sign
Ground Sign Building Sign Maximum
Area (Sq. Ft.)
Residential ‐‐‐1 ‐‐‐ 40
Agriculture and
Multiple Residential ‐‐‐1 or 1
One of either, but not both 40
Agricultural ‐‐‐One of either, but not both 40
Agriculture: parcel is
10 acres or more
with commercial
greenhouse or
nursery in operation
One of each sign. Area of
building sign shall not exceed
200 sq. ft.
80
Proposed Ordinance
Amendment
NOTES TO TABLE
*‐ A pylon sign must be a minimum of 50 feet from any other
pylon sign. Any pylon or ground sign must be 300 feet away
from any major anchor/center sign.
In Agricultural districts: on parcel that is 10 acres or more with a
commercial greenhouse or nursery in operation a freestanding
sign (ground/pylon) shall not be more than 13 feet in height.
3/27/2019
9
Proposed Ordinance
Amendment
§ 154.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
****
SETBACK FOR A SIGN.The shortest distance between a property or
public right‐of‐way line and the surface or main supporting structure
of a sign. The term “setback” shall have the same definition as that set
forth in the zoning regulations in this Code. Pylon signs, exclusive of
the supporting structure, may project three feet into the minimum
required setback.
Proposed Sign (4’ x 8’ Electronic)
3/27/2019
10
Proposed Sign
I T E M: 5.D.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:Regular Agenda
Description:
P ass Ordinance A mending Chapter 154 of the C ity C ode, R egarding Digital S igns (Recommend
waiving second reading)
S taff Contact:
A lex Sharpe, P lanner and E conomic Development Spec.
D epartment / Division:
C ommunity D evelopment Department
Applicant:
City of Apple Valley
P roject Number:
P C19-04-Z
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Pass ordinance amending City C ode Title XV Land Usage, C hapter 154 Signs related to
digital signs (Recommend waive second reading.)
S UM M ARY:
Attached is a draft ordinance amending C ity Code for digital signs within the community.
T he following changes are proposed:
1. City C ode currently allows di-chromatic (two color) digital signs, the proposed code
would allow full color images, but no video.
2. T he time a single text or image must remain on the screen is currently at least 20
minutes. T he proposed code would allow the text/image to change once per minute.
3. Clarifies code to ensure that there are no transition effects between images, and no
appearance of movement.
4. Creates the requirement that digital signs have a malfunction screen or are turned off in
the event of a malfunction.
B AC K G RO UND :
In 2014, the City of Apple Valley adopted a comprehensive digital sign ordinance, one of the
first cities in the area to do so. Digital sign technology has advanced rapidly since this time
and the C ity is responding to the changing market trends to remain competitive. T he goal of
the sign ordinance is to promote signs which are effective for business, direct the community
to goods and services, are aesthetic to the community, and reduce visual clutter.
Currently, the C ity of Apple Valley allows di-chromatic (or two color) digital displays, and
requires that the text not change more than once every twenty minutes. Research of
surrounding communities found that that this "hold time" is longer than the majority.
Additionally, the restriction for two color displays is rare, as most communities allow full
color photos. Video and animations, such as text scrolling or a waving figure are not
permitted by the A pple Valley code, and are generally not permitted among neighboring
communities.
When the digital sign ordinance was crafted in 2014 the C ouncil, Commission, and staff
noted concern over the resolution or readability of the digital signs of that era. Images on
these signs were often pixelated and unreadable. With the advancement in sign technology
this is less of a concern for new signs as the correct settings can offer a clear and visible
image.
At this time, staff is not proposing any changes to the permitted size, location, or brightness
of digital signs, which have all been regulated through the 2014 code amendment.
P lanning C ommission and P ublic Hearing
T he Planning C ommission unanimously recommended approval of the draft ordinance on
March 6, 2019. Although not required, a public hearing was held on this item as it is
important to the business community, no members of the public expressed concerns. T he
Apple Valley C hamber of C ommerce was contacted regarding the proposed changes and did
not express any concerns.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Ordinance
Exhibit
Presentation
1
CITY OF APPLE VALLEY ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
TITLE XV, CHAPTER 154, OF THE CITY CODE ENTITLED “SIGN REGULATIONS”
BY AMENDING REGULATIONS REGARDING ELECTRONIC DISPLAY SIGNS.
The City Council of Apple Valley ordains:
Section 1. Chapter 154 of the Apple Valley City Code is hereby amended by revising
Section 154.04 (L) to read as follows:
SECTION 154.04 SIGNS REQUIRING A PERMIT.
(L) Changeable signs subject to the following requirements:
(1) Only reader board signs and electronic message signs are permitted;
(2) The sign and the structure on which it is located shall be permanently installed and shall
not be a portable sign;
(3) The sign shall not be located within any residential or multiple family residential district;
(4) No graphic(s) or picture shall be present on the display area or as the background of the
sign display area;
(54) If the changeable sign is an electronic message sign, the following requirements shall
be met:
(a) The text or message on the sign shall be maintained as one color;
(b) The background of the display area shall be maintained as a solid, single color; and
(c) The images and messages displayed must be static, and the transition from one
static display to another must be instantaneous without any special effects.
(a) The message shall be static, but may be changed at no less than a 20-minute 60
seconds intervals, and the message text shall not scroll or ticker across the sign display area. The
only exception to this provision shall be for time, date, and temperature information which may be
considered one display message and may change every three seconds.
(b) The images and message displayed must be complete in a single interval display;
no image or message shall continue in content to the next image or message displayed or to any
other sign.
(c) Digital or LED display signs must be designed and equipped to freeze the device
in one position if a malfunction occurs. The displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign owner must immediately stop
the dynamic display when notified by the city that it is not complying with the standards of this
ordinance.
(6) There shall be no illuminated border around or within the display area;
2
(7) No changeable sign shall be affixed to the building; and
(8) Electronic message signs used in connection with public roadway operations by the
state, county or city shall not be subject to the permit or permit fee required herein.
Section 2. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any persons during regular office hours.
Section 3. 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 4. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this ____ day of ______ 2019.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_______________________________
Pamela J. Gackstetter, City Clerk
2/11/2018
City Zone
Separation Between
Signs & Residential
Considerations
Size Height Luminosity Hold -Time
& Transition
Animation
Allowed
Malfunction
Screen
Required
Notes
Apple Valley,
MN
Non-Residential
Zoning Districts
Single sign permitted
per lot. All signs are
not be adjacent to
residential unless it’s
the primary building
face
7500 nints daytime.
500 nits after dark.
Automatic dimmer
controls required
20 min
Dichromatic,
static, no
illuminated
border, no
background
graphics
--
Bloomington,
MN
Non-Residential
Zoning Districts
When within 150' of
residential no portion
of sign shall be visible
from principal
structure. Must have
100' separation from
residential
6500 nits daytime and
must meet exterior
lighting standard from
dusk till dawn
8 seconds
Static in most
districts. Video
allowed in some
PUD
Yes
Existing signs
must comply
with new
ordinance
Eagan, MN Non-Residential
Zoning Districts
If two signs are
permitted on a lot, the
signs shall be at
opposite ends of the
property
"Must be
subordinate
to the
business
name portion
of the sign"
over 7'
requires a
CUP
Subjective measure. 3
criteria. May not "be
of such intensity or
brilliance to impair the
vision of motor
vehicle driver"
60 seconds
(8 sec if off
premise and
sharing
community
message)
Static only Yes, black
screen
Existing signs
must comply
with new
ordinance
Burnsville, MN
Commercial,
Industrial, mixed
use, and PUD
zones, which
allow some
residential
One sign permitted per
street frontage. One
half of the required lot
width between signs
.5 Foot candle when
adjacent to residential.
1.0 when adjacent to
similar use. In some
districts may not be
illuminated at night
30 seconds
*8 sec Recent
change in 2017
Static only Yes -
On Premise Digital Sign Regulations
Same regulations as non
digital signs
Same regulations as non
digital signs
Same regulations as non
digital signs
2/11/2018
City Zone
Separation Between
Signs & Residential
Considerations
Size Height Luminosity Hold -Time
& Transition
Animation
Allowed
Malfunction
Screen
Required
Notes
On Premise Digital Sign Regulations
Lakeville, MN Non-Residential
Zoning Districts
50' separation from a
residential district
Zone based
sq. ft.
permitted.
40% of total
sign area
shall be
made of
decorative
materials.
Height
based on
zone
5000 nits before
sunset, 500 nits after
sunset
7 seconds Static only Yes
License that
needs to be
renewed yearly.
All signs must
come into
compliance with
new license
Rosemount,
MN
Highway and
General
Commercial.
Institutional,
Downtown, as
long as property
is adjacent to
arterial or major
collector
Public and institutional
sings in residential
zones require CUP
5000 nits during the
day and 500 nits from
dusk to dawn with
certification from
company that end user
cannot change
5 Min, except
date and time Static only Yes, shall cease
operation
Minimum text
sizes based on
adjacent
roadway speed
West St. Paul 800' from another
dynamic display sign -8 seconds Static only -
May require a
CUP depending
on type and use
of electronic sign
Woodbury Same as other
zones 24 hours Static only -
Only Permitted
with an interim
CUP renewed
yearly
Regulated by interim CUP
Zone based, not
permitted in residential
districts
Ground Signs Only
2/11/2018
City Zone
Separation Between
Signs & Residential
Considerations
Size Height Luminosity Hold -Time
& Transition
Animation
Allowed
Malfunction
Screen
Required
Notes
On Premise Digital Sign Regulations
Lacrosse, WI
Specific sign
zones. Primarily
along highways
200 feet from
residential. 1 allowed
per lot
Parcels facing
highway 100
sq. ft.,
parcels not
facing
highway 32
sq. ft.,
Based on
sign type
and
zoning
Light must not spill
onto adjacent parcel 3 seconds
Scrolling and
animation
prohibited
--
3/29/2019
1
Digital Sign Code
Amendment
Requested Action
1.Pass ordinance amending City Code Title XV Land
Usage, Chapter 154 Signs related to digital signs
(Recommend waive second reading.)
3/29/2019
2
Proposed Changes
(a) The message shall be static, but may be changed at no less than a 20‐minute 60 seconds intervals, and the message text shall not scroll or ticker across the sign display area. The only exception to this provision shall be for time, date, and temperature information which may be considered one display message and may change every three seconds.
(b) The images and message displayed must be complete in a single interval display; no image or message shall continue in content to the next image or message displayed or to any other sign.
(c) The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects.
(d) Digital or LED display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, or the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance.
Summary of Proposed Changes
Digital Sign Code Summary
Current Proposed
Hold time 20 Minutes 60 Seconds
Color Display 2 Color Full Color
Malfunction
Screen Not Req Required or
turn off
3/29/2019
3
Requested Action
1.Pass ordinance amending City Code Title XV Land
Usage, Chapter 154 Signs related to digital signs
(Recommend waive second reading.)
Questions?
3/29/2019
4
On Premise Digital Sign Regulations 2/11/2018
City Zone
Separation Between
Signs & Residential
Considerations
Size Height Luminosity
Hold -Time
& Transition
Animation
Allowed
Malfunction
Screen
Required
Notes
Apple Valley,
MN
Non‐Residential
Zoning Districts
Single sign permitted
per lot. All signs are
not be adjacent to
residential unless it’s
the primary building
face
Same regulations as
non digital signs
7500 nints daytime.
500 nits after dark.
Automatic dimmer
controls required
20 min
Dichromatic,
static, no
illuminated
border, no
background
graphics
‐‐
Bloomington,
MN
Non‐Residential
Zoning Districts
When within 150' of
residential no portion
of sign shall be visible
from principal
structure. Must have
100' separation from
residential
Same regulations as
non digital signs
6500 nits daytime
and must meet
exterior lighting
standard from dusk
till dawn
8 seconds
Static in most
districts. Video
allowed in some
PUD
Yes
Existing signs
must comply
with new
ordinance
Eagan, MN Non‐Residential
Zoning Districts
If two signs are
permitted on a lot,
the signs shall be at
opposite ends of the
property
"Must be
subordinate
to the
business
name
portion of
the sign"
over 7'
requires a
CUP
Subjective measure. 3
criteria. May not "be
of such intensity or
brilliance to impair
the vision of motor
vehicle driver"
60 seconds
(8 sec if off
premise and
sharing
community
message)
Static only Yes, black
screen
Existing signs
must comply
with new
ordinance
Burnsville,
MN
Commercial,
Industrial,
mixed use, and
PUD zones,
which allow
some
residential
One sign permitted
per street frontage.
One half of the
required lot width
between signs
Same regulations as
non digital signs
.5 Foot candle when
adjacent to
residential. 1.0 when
adjacent to similar
use. In some districts
may not be
illuminated at night
30 seconds
*8 sec Recent
change in
2017
Static only Yes ‐
City Zone
Separation
Between Signs &
Residential
Considerations
Size Height Luminosity
Hold -Time
&
Transition
Animation
Allowed
Malfunction
Screen
Required
Notes
Lakeville, MN Non‐Residential
Zoning Districts
50' separation from a
residential district
Zone based
sq. ft.
permitted.
40% of total
sign area shall
be made of
decorative
materials.
Height
based on
zone
5000 nits before
sunset, 500 nits after
sunset
7 seconds Static only Yes
License that
needs to be
renewed yearly.
All signs must
come into
compliance
with new
license
Rosemount,
MN
Highway and
General
Commercial.
Institutional,
Downtown, as
long as property
is adjacent to
arterial or major
collector
Public and instituional
sings in residential
zones require CUP
Ground Signs Only
5000 nits during the
day and 500 nits from
dusck to dawn with
certification from
company that end user
cannot change
5 Min, except
date and time Static only Yes, shall cease
operation
Minimum text
sizes based on
adjacent
roadyway
speed
West St. Paul 800' from another
dynamic display sign
Zone based, not
permitted inresidential
districts
-8 seconds Static only ‐
May require a
CUP depending
on type and use
of electronic
sign
Woodbury Same as other
zones Regulated by interium CUP 24 hours Static only ‐
Only
Permitted
with an
interim CUP
renewed
yearly
I T E M: 7.
C O UNC I L ME E T I NG D AT E:March 28, 2019
S E C T I O N:Calendar of Upcoming E vents
Description:
A pprove Calendar of Upcoming Events
S taff Contact:
S tephanie Marschall, Deputy City Clerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O 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 L ocation E v ent
Tue./Mar. 26 6:00 p.m.Municipal Center
Urban Affairs Advisory
C ommittee Meeting -
C A N C ELED
Wed./Mar. 27 9:00 a.m.Municipal Center Firefighters Relief Association
Meeting
T hur./Mar. 28 6:00 p.m.Municipal Center ED A Meeting
T hur./Mar. 28 7:00 p.m.Municipal Center Regular C ity Council Meeting
Tue./Apr. 2 7:30-9:00 a.m.O rchard Path C hamber C offee C onnection
Wed./Apr. 3 7:00 p.m.Municipal Center Planning C ommission Meeting
Sat./Apr. 6 9:00 a.m.-3:00
p.m.
Eastview High
School
Apple Valley Home & Garden
Expo
Wed./Apr. 10 4:30-6:30 p.m.Wings Financial C hamber Business After Hours
T hur./Apr. 11 5:30 p.m.Municipal Center Informal C ity C ouncil Meeting
T hur./Apr. 11 6:45 p.m.Municipal Center Volunteer Recognition
Reception
T hur./Apr. 11 7:00 p.m.Municipal Center Regular C ity Council Meeting
Tue./Apr. 16 2:00 p.m.Municipal Center C emetery Advisory Committee
Meeting
Wed./Apr. 17 7:30 -9:30 a.m.A mes C enter,
Burnsville State of the C ounty
Wed./Apr. 17 7:00 p.m.Municipal Center Planning C ommission Meeting
Tue./Apr. 23 6:00 p.m.Municipal Center Urban Affairs Advisory
C ommittee Meeting
Wed./Apr. 24 9:00 a.m.Municipal Center Firefighters Relief Association
Meeting
T hur./Apr. 25 4:30-6:30 p.m.Lakeview Bank,
Lakeville
Lakeview Bank Legacy
Awards
T hur./Apr. 25 7:00 p.m.Municipal Center Regular C ity Council Meeting
B AC K G RO UND :
Each event is hereby deemed a Special Meeting of the C ity C ouncil, the purpose being
informational or social gathering. Only events marked with an asterisk (*) will any action of
the Council take place.
B UD G E T I M PAC T:
N/A