HomeMy WebLinkAbout10/24/2019 Meeting
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
October 24, 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
A.(To be Addressed Following the Consent Agenda)
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.Approve Minutes of October 10, 2019, Regular Meeting
B.Adopt Resolution Accepting Donation from J ulia T hompson for Use by
Police Department
C .Approve State Gambling Exempt Permits for Apple Valley American
Legion Auxiliary, Unit 1776, at Apple Valley American Legion
1. November 23, 2019
2. J anuary 11, 2020
3. March 14, 2020
4. May 2, 2020
D.Approve State Gambling Exempt Permit for Apple Valley Ducks
Unlimited, Chapter 185, at Bogart's Entertainment C enter, 14917 Garrett
Avenue, on March 7, 2020
E.Approve 2019 Christmas Tree Sales Lot License for William E. Brabec
d/b/a Silver Bell Christmas Tree Farm on Lot 2, Block 1, East Valley
Plaza 3rd Addition
F.Approve New Licenses for Cedar Brook Market, Inc., d/b/a Cedar
Brook Market, 12503 Germane Avenue
1. Off-Sale 3.2 Percent Malt Liquor License
2. License to Sell Tobacco or Tobacco Products
3. Fuel Dispensing Facility Permit
G.Approve C hange in Assumed Name for Northern Tier Retail, LLC , in
Connection with Off-Sale 3.2 Percent Malt Liquor Sales License, 15020
Garrett Avenue
H.Approve Changes in Officers for Lancer Food Service, Inc., d/b/a Lancer
Food Service, in Connection with On-Sale Liquor Licenses at 13000 Zoo
Boulevard
I.Approve Change in Manager for MJ A Restaurants Apple Valley,
LLC, d/b/a PR's Sports Bar, in C onnection with On-Sale Liquor Licenses
at 14889 Florence Trail
J .Approve Change in Officer for Red Robin International, Inc., d/b/a Red
Robin Gourmet Burgers & Brews, in Connection with On-Sale Liquor
Licenses at 15560 Cedar Avenue
K.Approve Change in Manager for Vivo Restaurants, LLC, d/b/a Vivo, in
Connection with On-Sale Liquor Licenses at 15435 Founders Lane
L.Adopt Resolution Setting Hearing, at 7:00 p.m., on November 26, 2019,
for Renewal of On-Sale Liquor, Wine, and 3.2 Percent Malt Liquor
Licenses for 2020
M.City Online Auction
1. Declare Certain C ity Vehicles and Property as Surplus
2. Authorize Disposal of Surplus City Vehicles and Property by
Public Auction
3. Approve Agreement with Assets 2 Cash, LLC, (A2C) for Online
Auction C onducted through K-Bid
N.Appoint Malloy, Montague, Karnowski, Radosevich & C o., P.A., as
Auditors for Fiscal Years 2019, 2020, and 2021 (Removed f rom the
agenda)
O.Approve Release of Natural Resources Management Permit Financial
Guarantees
P.Approve Letters of C omment to Transportation Advisory Board
(TA B) C oncerning the 2020 Regional Solicitation Program Updates
Q.Authorize Temporary Parking at Greenleaf Elementary School for
Special School Functions
R.Waive Second Reading and Pass Ordinance Amending Section 155.333
of Chapter 155 of the C ity Code, Regulating Land Usage and Building
Encroachment Exemptions
S.Adopt Resolution Awarding Agreement for City Hall - Lower Level
Buildout to Fendler Patterson C onstruction, Inc.
T.Adopt Resolution Awarding Agreement for Project 2019-114, Family
Aquatic C enter Pool Shell Repair
U.Approve Operations and Maintenance Cooperative Agreement with State
of Minnesota for Lac Lavon Public Fishing Pier
V.Approve Agreement with the Cities of Burnsville, Eagan, and Lakeville
for Recycling Services
W.Approve Agreement with 292 Design Group, Inc., for Feasibility Study
Services
X.Approve Change Order No. 1 to Agreement with McNamara
Contracting, Inc., for Project 2017-109, J ohnny Cake Ridge Road
Improvements
Y.Approve Change Order No. 1 to Agreement with Ryan C ontracting
Company for Project 2019-109, 147th Street and J ohnny Cake Ridge
Road Intersection Improvements
Z.Approve Change Order No. 1 to Agreement with Cobalt Companies for
Project 2019-129, 2019 Fence & Light Pole Reconditioning Services,
and Approve Acceptance and Final Payment
A A.Approve Acceptance and Final Payment on Agreement with Standard
Contracting, Inc., for Project 2018-133, Cobblestone Manor (A L-P3)
Stormwater Improvements for Alimagnet Lake
A B.Approve Acceptance and Final Payment on Agreement with C ertified
Recycling, LLC , for C ity of Apple Valley Residential Fall Clean-Up
Day (Appliance, Scrap Metal, and Mattress C ollection)
A C.Approve Acceptance and Final Payment on Agreement with Lightning
Disposal, Inc., for Residential Fall C lean-up Day (Furniture and
Remodeling Debris C ollection)
A D.Adopt Resolution Approving 2020 City C ontribution toward Employee
Group Insurance
A E.Adopt Resolution Amending 2019 Pay and Benefit Plan
A F.Approve Personnel Report
A G.Approve Claims and Bills
A H.Set Special C ity Council Meetings on November 14, 2019, and Cancel
City C ouncil Meetings Previously Scheduled for November 7, 2019
A I.Proclaim October 24, 2019, as "World Polio Day"
A J .Adopt Resolution of Support for Dakota C ounty Draft 2020-2024
Capital Improvements Plan
5.Regular Agenda Items
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and
on the C ity's website at www.cityof applevalley.org
I T E M: 4.A.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Minutes of October 10, 2019, Regular Meeting
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the minutes of the regular meeting of October 10, 2019.
S UM M ARY:
T he minutes from the last regular C ity C ouncil meeting are attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 10, 2019
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held October 10, 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, Parks and Recreation Director Bernstein, Assistant City Administrator
Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace,
Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, and
Public Works Director Saam.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the
Pledge of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Bergman, seconded by Grendahl, approving the agenda for tonight’s meeting,
as presented. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda. No one requested to speak.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Goodwin, seconded by Hooppaw, approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Hooppaw, approving the minutes of the regular meeting
of September 26, 2019, as written. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the changes in officers for
Wadsworth Old Chicago, Inc., d/b/a Old Chicago in connection with the On-Sale
Intoxicating Liquor License and Special License for Sunday Liquor Sales at
14998 Glazier Avenue, naming Hazem Mostafa Ouf as President/Director and
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 10, 2019
Page 2
James William Streitberger as Vice President, as described in the City Clerk’s
memo. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-115
amending the 2019 Operating Budget for specific items. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-116
approving and levying 2019 Special Assessment Roll No. 664, for Project 2017-
135, CSAH 42 – Embry Path Intersection Improvements. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-117
approving and levying 2019 Special Assessment Roll No. 665, for Wirsbo Fourth
Addition, Project 2016-173, Uponor Annex Addition. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-118
approving the final plat and Development Agreement for Menards at Hanson
Concrete, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-119
approving the Final Planned Development Agreement for Lot 1, Block 1,
Menards at Hanson Concrete, and authorizing the Mayor and City Clerk to sign
the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the Waiver of Objection to
Special Assessments with Menard, Inc., for Projects 2019-108, and 2019-111,
CSAH 42 and Johnny Cake Ridge Road Public Infrastructure Improvements, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the agreement with ISport
Networks, LLC, d/b/a Rinkside Advertising Network, for one-year lease of
advertising space for TC Orthodontics within Hayes Park Arena, in the amount of
$400.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the agreement with ISport
Networks, LLC, d/b/a Rinkside Advertising Network, for one-year lease of
advertising space for West Bend Mutual within Hayes Park Arena, in the amount
of $400.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5
- Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the personnel actions as listed in
the Personnel Report dated October 10, 2019. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 10, 2019
Page 3
MOTION: of Goodwin, seconded by Hooppaw, approving the claims and bills, check
registers dated September 19, 2019, in the amount of $1,516,114.81, and
September 25, 2019, in the amount of $3,431,321.72. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
2019 SPECIAL ASSESSMENT ROLL 661
Mr. Hedberg reviewed the process used for the delinquent accounts on all three assessment rolls.
He then described Special Assessment Roll 661, originally totaling $173,042.87, for delinquent
utility account charges. From the 523 delinquent accounts, the City has received approximately
$30,004 in prepayments thus far. He noted no written objections have been received to date, the
hearing notice was published according to law, and the Affidavit of Publication is on file.
Mayor Hamann-Roland called to order the public hearing on Special Assessment Roll No. 661,
at 7:05 p.m. She asked for questions or comments from the Council and the audience. There
were none and the hearing was declared closed at 7:06 p.m.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2019-120
approving and levying 2019 Special Assessment Roll No. 661, for delinquent
utility account charges, in the original amount of $173,042.87, minus any
prepayments. Ayes - 5 - Nays - 0.
2019 SPECIAL ASSESSMENT ROLL NO. 662
Mr. Hedberg described Assessment Roll No. 662, totaling $1,784.00, for delinquent false alarms.
There has been one prepayment and no written objections have been received to date. He noted
the hearing notice was published according to law and the Affidavit of Publication is on file.
Mayor Hamann-Roland called the public hearing to order, at 7:07 p.m., on Special Assessment
Roll No. 662. The Mayor asked for questions or comments from the Council and the audience.
There were none and the hearing was declared closed at 7:08 p.m.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-121
approving and levying 2019 Special Assessment Roll No. 662, for delinquent
false alarms, in the amount of $1,784.00, minus any prepayments. Ayes - 5 -
Nays - 0.
2019 SPECIAL ASSESSMENT ROLL 663
Mr. Hedberg described Assessment Roll No. 663, totaling $3,075.74, for delinquent tree
removal. There have been no prepayments or written objections received to date. He noted the
hearing notice was published according to law and the Affidavit of Publication is on file.
Councilmember Grendahl asked if the City goes out for bid and who removes the trees.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 10, 2019
Page 4
Mr. Hedberg responded that the City obtains multiple quotes from contractors prior to removing
the trees.
Mayor Hamann-Roland called the public hearing to order, at 7:10 p.m., on Special Assessment
Roll No. 663. The Mayor asked for questions or comments from the Council and the audience.
There were none and the hearing was declared closed at 7:11 p.m.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2019-122
approving and levying 2019 Special Assessment Roll No. 663, for delinquent tree
removal, in the amount of $3,075.74, minus any prepayments. Ayes - 5 - Nays -
0.
COMMUNICATIONS
Mr. Lawell thanked the Fire Department for the work they have done in connection with fire
prevention week.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events
as included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:12 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:October 24, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ccepting Donation from J ulia Thompson for Use by P olice Department
S taff Contact:
Nick Francis, Police Captain
Department / Division:
P olice Department
AC T I O N RE Q UE S T E D:
Adopt the attached resolution accepting a $500.00 donation from J ulia T hompson for use by
the Police Department.
S UM M ARY:
Resident J ulia T hompson came forward with a donation at a recent "C offee with the C ops"
event. She wanted to thank the Apple Valley Police Department for our service to the
community and provided a check for $500.00 to further our efforts.
B AC K G RO UND:
T he Apple Valley Police D epartment hosts a number of events throughout the year to
promote public safety and enhance relationships with the community. T his donation will be
used to provide more public assistance during one of these events.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Agreement
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION ACCEPTING DONATION
WHEREAS, the City Council of Apple Valley encourages public donations to help
defray costs and improve the quality of life in Apple Valley; and
WHEREAS, Julia Thompson of Apple Valley has offered to donate $500.00 to the Police
Department to support police department community outreach programs; and
WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution approved by two-thirds of
the members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City.
BE IT FURTHER RESOLVED that the City sincerely thanks Julia Thompson for the
gracious and generous donation and her support of the Police Department’s efforts in the
community.
ADOPTED this 24th day of October, 2019
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove S tate Gambling Exempt P ermits for A pple Valley A merican L egion Auxiliary, Unit 1776,
at Apple Valley American L egion
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve issuance of lawful gambling exempt permits, by the State Gambling Control Board,
to Apple Valley American Legion Auxiliary, Unit 1776, for use on November 23, 2019,
J anuary 11, 2020, March 14, 2020, and May 2, 2020, at Apple Valley American Legion,
14521 Granada Drive, and waiving any waiting period for State approval.
S UM M ARY:
Apple Valley American Legion Auxiliary, Unit 1776, submitted applications for gambling
events to be held at Apple Valley American Legion, 14521 Granada Drive, on:
1. November 23, 2019
2. J anuary 11, 2020
3. March 14, 2020
4. May 2, 2020
T he applications are on file should you wish to review them.
B AC K G RO UND:
Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar
year, for qualified nonprofit organizations, are issued by the State Gambling Control
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
B UD G E T I M PAC T:
N/A
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove S tate Gambling Exempt P ermit for A pple Valley Ducks Unlimited, Chapter 185, at
B ogart's E ntertainment Center, 14917 Garrett Avenue, on March 7, 2020
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve issuance of a lawful gambling exempt permit, by the State Gambling C ontrol Board,
to Apple Valley Ducks Unlimited, C hapter 185, for use on March 7, 2020, at Bogart's
Entertainment C enter, 14917 Garrett Avenue, and waiving any waiting period for State
approval.
S UM M ARY:
Apple Valley Ducks Unlimited, C hapter 185, submitted an application for a gambling event
to be held at Bogart's Entertainment Center, 14917 Garrett Avenue, on March 7, 2020. T he
application is on file should you wish to review it.
B AC K G RO UND:
Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar
year, for qualified nonprofit organizations, are issued by the State Gambling Control
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
B UD G E T I M PAC T:
N/A
I T E M: 4.E.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove 2019 Christmas Tree Sales L ot L icense for W illiam E . B rabec d/b/a S ilver Bell
Christmas Tree Farm on L ot 2, B lock 1, E ast Valley Plaza 3rd Addition
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve issuance of 2019 C hristmas Tree Sales Lot License to William E. Brabec d/b/a
Silver Bell Christmas Tree Farm on Lot 2, Block 1, East Valley Plaza 3rd Addition.
S UM M ARY:
An application for a C hristmas Tree Sales Lot License from William E. Brabec d/b/a Silver
Bell C hristmas Tree Farm has been submitted. T he requested property where the business
will be conducted is Lot 2, Block 1, East Valley Plaza 3rd Addition, generally located
between Upper 141st Street and 140th Street, adjacent to New Horizon Child C are.
B AC K G RO UND:
T he application meets the conditions of the ordinance and can be approved. Under the
licensing ordinance, tree sales lots are inspected twice; once for compliance after they have
been set up, and again for clean up around J anuary 5th.
B UD G E T I M PAC T:
N/A
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove New L icenses for Cedar B rook Market, I nc., d/b/a Cedar B rook Market, 12503
Germane Avenue
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
1. Approve issuance of a new 2020 Off-Sale 3.2 Percent Malt Liquor License to C edar
Brook Market, Inc., d/b/a Cedar Brook Market, located at 12503 Germane Avenue.
2. Approve issuance of a new 2020-2021 License to Sell Tobacco or Tobacco Products to
Cedar Brook Market, Inc., d/b/a C edar Brook Market, located at 12503 Germane
Avenue.
3. Approve issuance of a new 2020 Fuel Dispensing Facility Permit to Cedar Brook
Market, Inc., d/b/a C edar Brook Market, located at 12503 Germane Avenue.
S UM M ARY:
Applications for an Off-Sale 3.2 Percent Malt Liquor License, License to Sell Tobacco or
Tobacco Products, and a Fuel Dispensing Facility Permit have been received from C edar
Brook Market, Inc., d/b/a C edar Brook Market, located at 12503 Germane Avenue. T he 3.2
Percent Malt Liquor License and Fuel Dispensing Facility Permit would be effective from
J anuary 1, 2020, through December 31, 2020; and the License to sell Tobacco or Tobacco
Products would be effective from J anuary 1, 2020, through December 31, 2021.
B AC K G RO UND:
T he Police and Fire Departments have conducted the necessary background investigation and
inspection. T he information is on file should you wish to review it.
B UD G E T I M PAC T:
N/A
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove C hange in A ssumed Name for Northern Tier R etail, L L C, in C onnection with Off-S ale
3.2 P ercent Malt L iquor Sales L icense, 15020 Garrett Avenue
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the change in assumed name (or d/b/a) in connection with the Off-Sale 3.2 Percent
Malt Liquor Sales License for Northern Tier Retail, LLC , located at 15020 Garrett Avenue,
from Superamerica to Speedway.
S UM M ARY:
Northern Tier Retail, LLC , is requesting to change its assumed name (or d/b/a) in connection
with its Off-Sale 3.2 Percent Malt Liquor Sales License to Speedway. T he necessary
paperwork has been filed. T here will be no change in the legal licensee name.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Changes in Officers for L ancer F ood S ervice, I nc., d/b/a L ancer Food Service, in
Connection with On-Sale L iquor L icenses at 13000 Z oo Boulevard
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the changes in officers for Lancer Food Service, Inc., d/b/a Lancer Food Service, in
connection with the C oncessionaire On-Sale Intoxicating Liquor License and Special License
for Sunday Liquor Sales, located at 13000 Zoo Boulevard, naming Olivier Poirot as C EO,
Keith T homas C ullinan as President, and J ulie Kay Hennecy as Secretary.
S UM M ARY:
Lancer Food Service, Inc., d/b/a Lancer Food Service has filed applications for changes in
officers required in connection with its Concessionaire On-Sale Intoxicating Liquor License
and Special License for Sunday Liquor Sales at 13000 Zoo Boulevard. Mr. Olivier Poirot is
being named C EO, Mr. Keith T homas Cullinan is being named President, and Ms. J ulie Kay
Hennecy is being named Secretary.
Personal information forms have been filed on the individuals and the Police Department has
conducted the necessary background investigations. T he information is on file should you
wish to review it.
B AC K G RO UND:
City C ode Section 111.34 provides for C ity Council approval of such changes.
B UD G E T I M PAC T:
N/A
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Change in Manager for MJ A Restaurants Apple Valley, L L C, d/b/a P R's S ports B ar, in
Connection with On-Sale L iquor L icenses at 14889 F lorence Trail
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the change in manager for MJ A Restaurants Apple Valley, LLC , d/b/a P R's Sports
Bar, in connection with the On-Sale Intoxicating Liquor License and Special License for
Sunday Liquor Sales, at 14889 Florence Trail, naming Timothy J ohn LaForce as General
Manager.
S UM M ARY:
MJ A Restaurants Apple Valley, LLC, d/b/a P R's Sports Bar has filed an application for
change in manager required in connection with its On-Sale Intoxicating Liquor License and
Special License for Sunday Liquor Sales located at 14889 Florence Trail. Mr. Timothy
J ohn LaForce is being named General Manager.
A personal information form has been filed on the individual and the Police Department has
conducted the necessary background investigation. T he information is on file should you
wish to review it.
B AC K G RO UND:
City C ode Section 111.34 provides for C ity Council approval of such changes.
B UD G E T I M PAC T:
N/A
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Change in Officer for Red Robin I nternational, I nc., d/b/a Red Robin Gourmet Burgers
& B rews, in Connection with On-S ale L iquor L icenses at 15560 Cedar Avenue
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the change in officer for Red Robin International, Inc., d/b/a Red Robin Gourmet
Burgers & Brews, in connection with the On-Sale Intoxicating Liquor and Special License for
Sunday Liquor Sales licenses, at 15560 Cedar Avenue, naming Lynn Schweinfurth
as President and Treasurer.
S UM M ARY:
Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews has filed an
application for a change in officer required in connection with its On-Sale Intoxicating Liquor
and Special License for Sunday Liquor Sales licenses, located at 15560 C edar Avenue. Ms.
Lynn Schweinfurth is the new President and Treasurer.
A personal information form has been filed on the individual and the Police Department has
conducted the necessary background investigation. T he information is on file should you
wish to review it.
B AC K G RO UND:
City C ode Section 111.34 provides for C ity Council approval of such changes.
B UD G E T I M PAC T:
N/A
I T E M: 4.K.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Change in Manager for Vivo Restaurants, L L C, d/b/a Vivo, in Connection with On-Sale
L iquor L icenses at 15435 Founders L ane
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the change in manager for Vivo Restaurants, LLC, d/b/a Vivo, in connection with the
On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales, at 15435
Founders Lane, naming Stephanie Anne Knopke as General Manager.
S UM M ARY:
Vivo Restaurants, LLC , d/b/a Vivo has filed an application for change in manager required in
connection with its On-Sale Intoxicating Liquor License and Special License for Sunday
Liquor Sales located at 15435 Founders Lane. Ms. Stephanie A nne Knopke is being named
General Manager.
A personal information form has been filed on the individual and the Police Department has
conducted the necessary background investigation. T he information is on file should you
wish to review it.
B AC K G RO UND:
City C ode Section 111.34 provides for C ity Council approval of such changes.
B UD G E T I M PAC T:
N/A
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution Setting Hearing, at 7:00 p.m., on November 26, 2019, for Renewal of On-Sale
L iquor, W ine, and 3.2 P ercent Malt L iquor L icenses for 2020
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Adopt the resolution setting a public hearing on November 26, 2019, at 7:00 p.m., on the
renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor
Licenses for 2020.
S UM M ARY:
Pursuant to Section 111.24 of the C ity Code, the C ity Council must annually hold a public
hearing prior to renewing On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor
Licenses. T he 2019 licensee holders have submitted renewal applications for
2020. Attached is a resolution authorizing and directing staff to publish a hearing notice
regarding the 2020 On-Sale Liquor, Wine, and 3.2 Percent Malt Liquor License renewals.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
Exhibit
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION SETTING PUBLIC HEARING
ON 2020 ON-SALE LIQUOR LICENSE RENEWALS
WHEREAS, the City Clerk has advised this Council that renewal applications for 2020
City On-Sale Intoxicating Liquor, Club On-Sale Intoxicating Liquor, Concessionaire On-Sale
Intoxicating Liquor, On-Sale Wine, and On-Sale 3.2 Percent Malt Liquor Licenses have been
received from holders of 2019 licenses, as more fully set forth in the hearing notice attached to
this resolution as Exhibit A; and
WHEREAS, pursuant to City Code Section 111.24, the City Council must annually hold a
public hearing prior to approval of renewal licenses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1. A public hearing on said applications shall be held before this Council at the time,
date and place specified in the Notice of Public Hearing attached to this resolution as
Exhibit A.
2. As required by the City Code, the City Clerk is hereby authorized and directed to
publish the hearing notice attached, in a timely manner, in the official City
newspaper.
ADOPTED this 24th day of October, 2019.
_____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
____________________________________
Pamela J. Gackstetter, City Clerk
Exhibit A
NOTICE OF PUBLIC HEARING ON APPLICATIONS
FOR 2020 ON-SALE LIQUOR, WINE, AND 3.2 PERCENT MALT LIQUOR
LICENSE RENEWALS
NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County,
Minnesota, will meet at the Municipal Center, 7100 147th Street W., on Tuesday, November 26, 2019, at
7:00 p.m., or as soon thereafter as possible, for the purpose of holding a public hearing on renewal
applications for calendar year 2020 of the following licenses:
On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales:
1. Apple Minnesota, LLC, d/b/a Applebee’s Neighborhood Grill & Bar, 14678 Cedar Avenue
2. Apple Valley Grill, LLC, d/b/a Wild Bill’s Sports Saloon, 15020 Glazier Avenue
3. Blazin Wings, Inc., d/b/a Buffalo Wild Wings, 14658 Cedar Avenue, Suite D
4. CCH, LLC, d/b/a Celts Craft House, 7083 153rd Street W., Suite 1
5. DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House, 15668 Pilot Knob Road
6. El Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant, 6670 150th Street W., Suite 106
7. LoKo Bowling, Inc., d/b/a Bogart’s Entertainment Center, 14917 Garrett Avenue
8. LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar & Grill, 7721 147th Street W.
9. MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar, 14889 Florence Trail
10 M, S & R, III, LLC, d/b/a Masu Sushi and Noodle, 14638 Cedar Avenue, Suite C
11. Osaka AV, Inc., d/b/a Osaka Seafood Steakhouse, 7537 148th Street W., Suite A
12. PBAV-Sanders, LLC, d/b/a Panino Brothers, 15322 Galaxie Avenue, Suite 108
13. Pear One, Inc., d/b/a The Pear at Valleywood, 4851 McAndrews Road
14. Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews, 15560 Cedar Avenue
15. Vivo Restaurants, LLC, d/b/a Vivo, 15435 Founders Lane
16. Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 14998 Glazier Avenue
Club On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales:
1. Apple Valley American Legion, Post 1776, 14521 Granada Drive
Concessionaire On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales:
1. Lancer Food Service, Inc., d/b/a Lancer Food Service, 13000 Zoo Boulevard
On-Sale Wine:
1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W.
2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W.
3. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400
4. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd
Street W., Suite 100
On-Sale 3.2 Percent Malt Liquor:
1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W.
2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W.
3. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400
4. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd
Street W., Suite 100
5. Super World, Inc., d/b/a Super World Buffet, 15050 Cedar Avenue, Suite 111
2
All interested parties will be given an opportunity to be heard at said time and place.
DATED this 24th day of October, 2019.
BY ORDER OF THE CITY COUNCIL
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
City Online Auction
S taff Contact:
J eff Reiten, F leet/B uilding Supervisor
Department / Division:
Fleet Maintenance Division
AC T I O N RE Q UE S T E D:
City Online Auction
1. Declare certain C ity vehicles and property as surplus.
2. Authorize disposal of surplus C ity vehicles and property (as listed in Exhibit A ) by
selling said items at a public auction to be held November 1 through November 13,
2019.
3. Approve the agreement with Assets 2 C ash, LLC , (A2C ) for an online auction
conducted through K-Bid, and authorizing the Mayor and City C lerk to sign the same.
S UM M ARY:
Attached is a list (Exhibit A ) of City owned surplus vehicles and property scheduled for
disposition, and a proposed agreement with A2C Auctions, a K-BID Online Auction vendor.
In order to receive the maximum dollar amount for this equipment, staff feels it would be best
to use an online company. K-BID currently has over 250,000 registered bidders in its data
base, including neighboring states and C anada.
In addition to K-BID's advertising, the C ity will provide a link on its website to the auction
website. Fees associated with an online auction are similar to a live auction consisting of a
12% commission charged on the gross amount of the sale plus advertising fees.
B AC K G RO UND:
T he C ity has contracted with K-BID on several previous auctions with very good results.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Exhibit
Agreement
City of Apple Valley
Fall 2019 K-Bid Auction List
Vehicles
Dept. Year Make Model VIN License
Police 2006 Chevrolet 1/2 Ton Pickup 1GCEC19T76Z110001
Police 2014 Ford Explorer 1FM5K8AR8EGA81092
Parks 2009 Ford 3/4 Ton Pickup 1FTNF20559EA56009 930-775
Utilities 2008 Chevrolet 3/4 Ton Ext Cab Pickup 1GCHK29K28E213513 930-721
Utilities 2009 Chevrolet 3/4 Ton Pickup 1GCHK44K59F170834 933-563
Misc.
Lektreiver System (Rotating File System, No Floor Tracks)
Misc File Cabinets/Shelves/Chairs
Plastic Storage Container (Approx 30 Gallons)
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A ppoint Malloy, Montague, K arnowski, Radosevich & Co., P.A ., as Auditors for F iscal Years 2019,
2020, and 2021 (Removed from the agenda)
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Appoint Malloy, Montague, Karnowski, Radosevich (MMKR) and C o., PA, as auditors for
2019, 2020, 2021 fiscal year audits.
S UM M ARY:
T he City C ouncil is asked to approve MMKR as auditors for the 2019, 2020, and 2021
fiscal years. T he estimated fees for the three years for the Basic Audit are $45,000, 45,950
and $46,800. T he $45,000 amount for the 2019 fiscal year is the same as the base audit for
fiscal year 2018.
T he C ity selected MMKR following an RFP process for audit services in 2013 at which
time MMKR and Co., PA was selected.
T he attached proposal also includes a cost estimate for a Single Audit which would be
required if the C ity were to expend more than $750,000 in federal funds in a given year. At
this time it is expected that we exceed the $750,000 threshold and will require a Single Audit.
T he actual charges are based on the time incurred in auditing the federal program at the
hourly rates included in the proposal. Each federal program has specific audit requirements
and the hours to audit them will vary from program to program, as long as staff does much of
the preparation work in organizing the files for auditing the time spent can be minimized.
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 :
Agreement
Exhibit
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DOLLAR COST PROPOSAL
FOR THE
CITY OF APPLE VALLEY, MINNESOTA
FOR
PROFESSIONAL AUDITING SERVICES
FOR FISCAL YEARS ENDING
DECEMBER 31, 2019, 2020, AND 2021
DATE DUE: OCTOBER 11, 2019
JAMES H. EICHTEN, PRINCIPAL
E-MAIL: JEICHTEN@MMKR.COM
952.545.0424
October 11, 2019
Mr. Ron Hedberg
City of Apple Valley
7100 147th Street West
Apple Valley, MN 55124
Dear Mr. Hedberg:
We are pleased to submit this proposal to provide auditing services for the City of Apple Valley (the City)
for the fiscal years ending December 31, 2019, 2020, and 2021, subject to the annual review and approval
of the City.
Our audits will be conducted in accordance with auditing standards generally accepted in the United States
of America and the provisions of the Legal Compliance Audit Guide, promulgated by the Office of the State
Auditor pursuant to Minnesota Statutes § 6.65. If necessary, our audits will also be conducted in accordance
with the standards for financial and compliance audits contained in Government Auditing Standards, issued
by the Comptroller General of the United States; the Single Audit Act; the provisions of the Title 2 U.S.
Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Uniform Guidance); and any other applicable state or federal audit
guide.
We anticipate issuing the following report letters in relation to the City’s audit:
1.An opinion on the fair presentation of the City’s basic financial statements in conformity with
accounting principles generally accepted in the United States of America, with an “in relation to”
opinion on the combining and individual fund financial statements and supporting schedules.
2.A report on compliance and internal control over financial reporting based on an audit of financial
statements performed in accordance with Government Auditing Standards.
3.A report on compliance with Minnesota State Laws and Regulations.
We understand that a Single Audit of the City’s Federal Awards Expenditures may be required for any of
the three years included in this proposal. If one is required, we anticipate issuing the following reports in
relation to the City’s audit:
4.A report on the Schedule of Expenditures of Federal Awards (if required).
5.A report on compliance with requirements applicable to each major program and internal control
over compliance with the Uniform Guidance (if required).
.
C E R T I F I E D
A C C O U N T A N T S
P UBLIC
PRINCIPALS
Thomas A. Karnowski, CPA
Paul A. Radosevich, CPA
William J. Lauer, CPA
James H. Eichten, CPA
Aaron J. Nielsen, CPA
Victoria L. Holinka, CPA/CMA
Jaclyn M. Huegel, CPA
Malloy, Montague, Karnowski, Radosevich & Co., P.A.
5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Phone: 952-545-0424 • Fax: 952-545-0569 • www.mmkr.com
Standard Letterhead-r2.qxp_167639 Letterhead-RV1 9/7/18 6:34 PM Page 1
Mr. Ron Hedberg Page 2
City of Apple Valley
October 11, 2019
In the event that the City is required to have an audit in accordance with OMB Circular A-133, we will provide
the assistance necessary for the City to file the related web-based submission with the federal single audit
clearinghouse of the U.S. Census Bureau.
We will also provide a management report to communicate comments and recommendations as a result of
the audit. Our management report will include the formal communications to the City’s audit/finance
committee or its equivalent as required by Statement on Auditing Standards No. 114, The Auditor’s
Communication With Those Charged With Governance, including:
•The auditor’s responsibility under auditing standards generally accepted in the United States of
America,
•Planned scope and timing of the audit,
•Significant findings from the audit,
•Significant accounting policies,
•Management judgments and accounting estimates,
•Significant audit adjustments,
•Other information in documents containing audited financial statements,
•Disagreements with management,
•Management consultation with other accountants,
•Major issues discussed with management prior to retention, and
•Difficulties encountered in performing the audit.
The management report will also contain a discussion of any financial reporting, internal control, and
compliance-related findings; an analysis of the City’s financial condition; recommendations to management
on improving its accounting system and financial reports; and updates on any prior year audit issues.
We understand that you will provide us with the basic information required for our audit and that you are
responsible for the accuracy and completeness of that information. The assistance to be supplied by your
personnel, including the preparation of schedules, analysis of accounts, prepar ation of confirmations, and
locating documentation for transactions selected for testing, will be discussed and coordinated with you.
We understand that the City will be responsible for preparing the initial draft of the City’s Comprehensive
Annual Financial Report (CAFR); as well as editing, printing, and binding the CAFR. Prior to issuance of
the final audit reports, we shall review the management report, internal control letters, and any other
required state or federal compliance reports with the City’s management.
If our audit procedures indicate that material errors, illegal acts, or other irregularities might exist, we will
make an immediate written report to the City’s management, and/or other city officials as appropriate. We
will not perform extended services at a cost to the City unless they are so authorized by the appropriate city
officials.
Unless unforeseen circumstances occur (such as turnover of key city finance personnel), we anticipate no
difficulty in meeting the time requirements for completion of the work.
We believe we are best qualified to perform the engagement for the following reasons:
•Our wealth of experience providing auditing, accounting, and consulting services to Minnesota
municipalities with similar operations.
•Our proficiency performing numerous Single Audits of Federal Awards Programs for Minnesota
local governmental entities.
•Our thorough and efficient audit process, which emphasizes effective client communications and
limited disruptions to client operations.
Mr. Ron Hedberg Page 3
City of Apple Valley
October 11, 2019
•Experience with and expert knowledge of governmental financial reporting, including the standards
of the Governmental Accounting Standards Board (GASB); and the requirements of the
Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in
Financial Reporting Program.
•Experience with Minnesota city public finance and various municipal ent erprise operations
including water, sewer, storm drainage, street light, municipal liquor, golf courses, sports arenas,
and a variety of other operations.
•Experience with growing metropolitan municipalities, including those with significant development.
•Ability to communicate and work with you.
To help with your evaluation, the following is a “Summary of Key Qualifications” for quick reference.
SUMMARY OF KEY QUALIFICATIONS
A.Quality
•Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) emphasizes quality service,
accomplished by recruiting and developing high quality personnel.
•We are a member of the Governmental Audit Quality Center of the American Institute of
Certified Public Accountants (AICPA), which maintains standards for quality control in
governmental audits for CPA firms nation-wide.
B.Experience and Expertise
•Our firm has specialized in providing audit services to governmental entities for over 60 years.
Last year, we audited over 25 cities and approximately 30 school districts and 45 other
governmental entities of varying size. We have included a complete listing of our governmental
clients in the information that follows.
•Because of this specialization, we have a large pool of knowledgeable and experienced
governmental auditors that possess significant knowledge of the complexities of municipal
finance in the state of Minnesota. Our governmental auditors work with many cities with
operations similar to yours. MMKR professionals also receive extensive continuing education,
with internal and external seminars specifically for governmental audits.
•MMKR is an industry leader in providing guidance to Minnesota local governments on the
accounting and reporting standards established in GASB Statements. We have assisted our
local governments with the successful and often early implementation of several c omplex new
GASB standards that have become effective in recent years. This process has provided us
with a practical understanding of these new standards that can only be gained by firsthand
experience.
•Our firm performs dozens of Single Audits of Federal Awards expenditures each year.
•In addition to audits, we provide our clients with a wide range of consulting services, including
management and operational reviews, budget development and monitoring, cash flow
projections, human resources consulting, and payroll tax and employee benefit-related matters.
Mr. Ron Hedberg Page 4
City of Apple Valley
October 11, 2019
SUMMARY OF KEY QUALIFICATIONS (CONTINUED)
•MMKR professionals are active members of many professional organizations and committees,
including the Minnesota Government Finance Officers Association (MnGFOA) and the
Minnesota Society of Certified Public Accountants (MNCPA). Our professionals have held
various leadership positions on the MNCPA Board of Directors, including past chairman. We
are also active in various MNCPA committees, which include planning, moderating, and
presenting at the annual city, charter school, and school district audit workshops, committee
work on Single Audit implementation, and quality reviews.
•On our staff, we have reviewers for both the GFOA and the Association of School Business
Officials International Certificate of Excellence in Financial Reporting Programs. We have
assisted numerous clients with obtaining certificates on first-time submissions and with
retaining certificates in subsequent years.
•MMKR professionals are also active members of the AICPA. This active role includes being a
member of the AICPA Council; a 400-member group representing members from around the
country that provides strategic planning and direction to the AICPA Board of Directors.
•Over the years, we have developed many customized audit tools, techniques, and paperless
workpaper and report formats, which allow us to perform our audits efficiently and with minimal
disruption to our clients’ operations.
C.Service
•Excellent client satisfaction supported by a very high client retention record.
•We are much more than an audit firm; our clients receive many additional benefits and services.
•Our client references are our best proof of service commitment; most additions to our
governmental client group are the direct result of recommendations from existing clientele who
are more than satisfied with our services. A listing of our governmental audit and consulting
clients is included in this proposal; please feel free to contact them.
We hope you will give our firm and proposal due consideration. We will provide the administration and City
Council with the quality and timely service you expect and demand from your auditors. If you have any
questions, please contact James H. Eichten, Princi pal. This proposal is a firm and irrevocable offer for
ninety (90) days covering the fiscal years ending December 31, 2019, 2020, and 2021.
Sincerely,
MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A.
James H. Eichten, CPA
Principal
JHE:lmb
COMPLETE LISTING OF GOVERNMENTAL CLIENTS
* City of Apple Valley * City of Farmington * City of Ramsey
* City of Arden Hills * City of Golden Valley * City of Robbinsdale
* City of Bloomington * City of Monticello * City of Rosemount
* City of Brooklyn Center * City of Mounds View City of Saint Peter
* City of Burnsville * City of New Hope * City of Shoreview
* City of Chaska City of Newport City of Spring Park
City of Circle Pines * City of North St. Paul * City of South St. Paul
* City of Coon Rapids * City of Plymouth * City of St. Michael
* City of Edina City of Prior Lake City of Wayzata
Andover Firefighters’ Relief Farmington Firefighters' Relief Roseville Firefighters’ Relief
Association Association Association
Apple Valley Firefighters' Relief Golden Valley Fire Department Savage Fire Department Firefighters’
Association Relief Association Relief and Pension Association
Centennial Fire District Ramsey Firefighters’ Relief St. Michael Firemen’s Relief
Centennial Fire Fighters’ Relief Association Association
Association Rosemount Firefighters’ Relief West Metro Fire-Rescue District
Chaska Fire Department Relief Association
Association
Bassett Creek Watershed Housing and Redevelopment Authority Oak Land Cooperative Center
Management Commission of South St. Paul Rum River Special Education
Centennial Lakes Police Department Local Government Information Systems Cooperative
East Central Minnesota Association (LOGIS)South Metro Public Safety Training
Educational Cable Cooperative Metropolitan Library Service Agency Facility Association
Equity Alliance MN Minnesota State Fair West Metro Education Program
Golden Valley – Crystal – New Hope
Joint Water Commission
Achieve Language Academy El Colegio Charter School Minnesota Math and Science
Aurora Charter School Higher Ground Academy Academy
BlueSky Charter School, Inc.International Spanish Language New City School
City Academy Academy New Heights Schools, Inc.
Cyber Village Academy Laura Jeffrey Academy Twin Cities Academy
DaVinci Academy Lionsgate Academy Twin Cities Academy High School
East Range Academy of Metro Deaf School, Inc.Universal Academy
Technology and Science
* ISD No. 11, Anoka-Hennepin *ISD No. 279, Osseo – Maple Grove ISD No. 831, Forest Lake
ISD No. 12, Centennial ISD No. 280, Richfield * ISD No. 832, Mahtomedi
ISD No. 15, St. Francis * ISD No. 284, Wayzata * ISD No. 833, South Washington
* ISD No. 16, Spring Lake Park * ISD No. 281, Robbinsdale Area Schools County Schools
ISD No. 139, Rush City ISD No. 286, Brooklyn Center * ISD No. 834, Stillwater
ISD No. 197, West St. Paul ISD No. 578, Pine City * ISD No. 911, Cambridge
* ISD No. 199, Inver Grove Heights * ISD No. 621, Mounds View Intermediate District No. 287
ISD No. 200, Hastings * ISD No. 622, North St. Paul Intermediate School District No. 917
* ISD No. 272, Eden Prairie * ISD No. 624, White Bear Lake Northeast Metropolitan Intermediate
ISD No. 273, Edina ISD No. 625, Saint Paul Public Schools School District No. 916
* ISD No. 278, Orono * ISD No. 728, Elk River SSD No. 6, South St. Paul
Cities
Fire Reliefs
Other Governmental Entities
Charter Schools
Independent School Districts
Single
Year Ending Basic Audit
December 31,Audit Estimate
2019 45,000$ 3,500$
2020 45,950 3,500
2021 46,800 3,500
Total 137,750$ 10,500$
City of Apple Valley, Minnesota
Schedule of Professional Fees and Expenses
For Professional Auditing Services
Estimated fees for the years ending December 31, 2019, 2020, and 2021:
I certify that I am entitled to represent Malloy, Montague, Karnowski, Radosevich & Co., P.A., (MMKR),
empowered to submit the bid, and authorized to sign a contract with the City of Apple Valley, Minnesota
(the City).
Additional services hourly rates:
If it should become necessary for the City to request the auditor to render any additional service to either
supplement the services requested in this proposal or to perform additional work as a result of the specific
recommendations included in any report issued on this engagement or as a result of new standards , then
such additional work shall be performed only if set forth in an addendum to the contract between the City
and MMKR. Any such additional work agreed to between the City and MMKR shall be performed at the
same rates set forth in the Schedule of Professional Fees and Expenses included in this Dollar Cost Bid
Proposal. MMKR does not charge its audit clients for inquiries and technical assistance during the year that
are minor in nature (those that would not require a significant amount of research or res ult in the issuance
of a separate report letter or letter).
Signed:
Principal
James H. Eichten, CPA
Standard Quoted
Hourly Hourly
Hours Rates Rates Total
Basic audit
Principals 76 280$ 230$ 17,480$
Senior associates 144 105 100 14,400
Associates and staff accountants 132 100 85 11,220
Other – clerical 38 55 50 1,900
Total base fee for the 2019 audit 390 45,000$
Single Audit estimate (if necessary)25 3,500$
City of Apple Valley, Minnesota
Estimated fees for the year ending December 31, 2019:
For Professional Auditing Services
Schedule of Professional Fees and Expenses
Standard Quoted
Hourly Hourly
Hours Rates Rates Total
Basic audit
Principals 76 280$ 240$ 18,240$
Senior associates 144 105 100 14,400
Associates and staff accountants 132 100 85 11,220
Other – clerical 38 55 55 2,090
Total base fee for the 2020 audit 390 45,950$
Single Audit estimate (if necessary)25 3,500$
City of Apple Valley, Minnesota
Schedule of Professional Fees and Expenses
For Professional Auditing Services
Estimated fees for the year ending December 31, 2020:
Standard Quoted
Hourly Hourly
Hours Rates Rates Total
Basic audit
Principals 76 280$ 245$ 18,620$
Senior associates 144 105 100 14,400
Associates and staff accountants 132 100 90 11,880
Other – clerical 38 55 50 1,900
Total base fee for the 2021 audit 390 46,800$
Single Audit estimate (if necessary)25 3,500$
City of Apple Valley, Minnesota
Schedule of Professional Fees and Expenses
For Professional Auditing Services
Estimated fees for the year ending December 31, 2021:
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Release of Natural Resources Management Permit Financial Guarantees
S taff Contact:
K eenan Hayes, Natural Resources Technician
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Approve the reduction of financial guarantees for A pple Valley Leased Housing Associates
IV, LLLP, and PHS Apple Valley Senior Housing, Inc.
S UM M ARY:
T he following projects have been inspected and are compliant according to City
requirements:
1. Legends of Apple Valley
Permit No. AV061257
Amount $5,000.00
Reduce now to $0.00
2. Presbyterian Homes at C obblestone (Orchard Path)
Permit No. AV060099
Amount $40,000.00
Reduce now to $5,000.00
B AC K G RO UND:
T he C ity retains Natural Resources Management Permit (N RMP) financial securities to
ensure the protection of natural resources during land disturbing activities.
B UD G E T I M PAC T:
N/A
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove L etters of Comment to Transportation A dvisory Board (TA B) Concerning the 2020
Regional Solicitation P rogram Updates
S taff Contact:
K athy Bodmer, A I C P, Planner
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve Letters of C omment submitted to the Transportation Advisory Board (TA B) by the
Minnesota Valley Transit Authority (MVTA) and Mayor Hamann-Roland C oncerning the
2020 Regional Solicitation Program Updates.
S UM M ARY:
T he Transportation Advisory Board (TA B), has completed its update of the program
requirements for the upcoming 2020 Regional Solicitation funding cycle. Every two years,
the TA B facilitates the distribution of Federal funding for "regionally significant"
transportation projects within the Twin C ities Metropolitan Area. T he TA B has updated
elements of the program which will impact how the Federal dollars will be distributed in
2020.
T he C ity C ouncil is requested to vote to support the two attached letters providing comments
c oncerning updates to the Regional Solicitation program. T he Minnesota Valley Transit
Authority's comments focus on the proposed changes to funding relating to the Region's Bus
Rapid Transit (BRT ) program. T he C ity has supported MVTA for several years as the
preferred provider for transit services. T he second letter, written by Mayor Mary Hamann-
Roland, who also serves as Vice Chair of the 34-member TA B Board, recommends that the
TA B consider modifying its funding strategies in two specific program areas.
B AC K G RO UND:
What is the TAB? T he Transportation Advisory Board (TA B) is a 34-member board of
city, county, transportation mode, agency and citizen representatives who provide planning
and programming for the Twin Cities Metropolitan Area. O ne of the TA B's most important
tasks is to solicit, evaluate and recommend to the Metropolitan C ouncil the transportation
projects that will receive Federal Funding every two years. Since the Metropolitan C ouncil
is appointed rather than elected, the TA B is comprised of a majority of elected officials and
serves as the elected body that helps Met C ouncil to meet the definition of a Metropolitan
Planning Organization. A s a certified MP O, the region is qualified to receive transportation
planning, operating and construction funds.
What is the Regional Solicitation? T he regional solicitation is a competitive, data-driven
process for distributing Federal Transportation funds. Counties and cities must submit
applications that are scored using objective measures and then are ranked with only the
highest scoring projects receiving funding. Projects are scored based on technical criteria
that are established to help to meet the Region's transportation goals concerning congestion
mitigation, reducing greenhouse gases, promoting transit, improving that transport of freight,
providing access to jobs, etc.
In 2018, the TA B awarded $199,411,000 for 57 total transportation projects throughout the
Twin C ities' region. After the funding was awarded, the TA B evaluated the projects and
outcomes in light of its regional goals. Based on the 2018 experience, a number of small
modifications were made to the Regional Solicitation program to better align with the TA B's
goals. In 2020, the Twin C ities Region is expected to receive nearly $200 million from the
Federal Government for transportation projects.
MVTA Letter: T he Minnesota Valley Transit Authority (MVTA) addresses a proposed set
aside of $25 million for Bus Rapid Transit (BRT ) programs and specifically, Arterial BRT.
MVTA is concerned that the set-aside will not leave adequate funds for other fixed route
service. T he MVTA asks that the Region commit to funding bus services outside of the
Transit Market Area 1 which includes the two downtowns and the first ring suburban areas.
Mayor Hamann-Roland's Letter: Mayor Hamann-Roland, in her capacity as Vice
Chair, has actively worked with the subcommittee making recommendations for updates to
the 2020 Regional Solicitation program updates. Her letter takes a technical approach, with
more specific detail as she has become very familiar with the program and the proposed
changes. Her comments are the following:
Consider a different approach to raise funding in the Transit category. T he TA B voted
to increase the funding available in the transit funding category by $5 million, by
reducing the Roadways fund by $4 million and Bicycle and Pedestrian fund by $1
million. Rather than reducing these two funding areas, the TA B is asked to consider
using $5 million that is expected to be set aside for the newly established "Unique
Projects" category. T he TA B voted to set aside 2.5% of its 2020 appropriate for the
Unique Projects category, but will not begin to award projects from the fund until 2022.
With $5 million available, the Mayor's letter recommends using these funds and paying
them back using Federal funds that are returned because a project doesn't move forward
or because alternative funding was identified elsewhere during the application review
process.
Maintain One Project Award at $5.5 Million In the Bicycle and Pedestrian C ategory .
T he TA B decided to reduce the maximum funding award in the Bicycle and Pedestrian
funding category from $5.5 million to $4 million to encourage more trail and pedestrian
improvement projects. T he letter of support recommends awarding at least one project
at the previous $5.5 million level should a project score over 800 points.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
L etter
Map
L etter
Background Material
.
October 30, 2019
Metropolitan Council
Transportation Advisory Board
Mayor James Hovland, TAB Chair
390 Robert Street North
Saint Paul, MN 55101
RE: 2020 Regional Solicitation Public Comment
Dear Chair Hovland and TAB Members:
As a partner in the regional transit system, the Minnesota Valley Transit Authority
(MVTA) has grown to be the second largest provider in the state, with nearly three
million rides annually. We are proud of our history and ability to use collaborative efforts
to continue growing transit.
In coordination with the Suburban Transit Association, MVTA has been successful in
lobbying for additional regional transit funding. We hope that our projects continue to
be supported by the Metropolitan Council-led Regional Solicitation process as well. The
Solicitation provides one of the only ways for suburban providers to meet growth
projections of the Transportation Policy Plan – specifically employment growth of 50%
by 2040 in the Suburban Transit Association service area (compared to 36% region-
wide) and population growth of 36% (compared to 29% region-wide).
The proposed 2020 Regional Solicitation changes leave little room for fixed route,
regular bus service to compete. The following bullets identify concerns with the draft
Solicitation program, suggested revisions to the final 2020 application package, and
areas of support.
Concern: Creation of a category, specifically Arterial BRT, that is managed by one
agency/transit provider is unprecedented.
Suggested revision: MVTA favors a broader interpretation of BRT that allows
multiple agencies to compete for funds. If this is not feasible, MVTA requests TAB
take a similar approach for suburban providers by awarding at least one project in
Transit Expansion and at least one project in Transit Modernization to a Suburban
Transit Association provider.
Concern: The proposed $25 million maximum for Arterial BRT projects and up to
$7 million for an additional BRT project selected through Transit Expansion or
Transit Modernization categories (for a total of up to $32 million to BRT projects)
leaves little funding for fixed route, regular bus service. Based on historical
distributions a little as $8 million could remain for non-BRT projects.
Suggested revision: MVTA favors a broader interpretation of BRT that is inclusive
of multiple providers, geographies, and a definition that satisfies the service
intent of BRT (such as speed, reliability, use of transit advantages) so suburban
transit providers could compete for the up to $32 million set-aside to ABRT/BRT
projects. MVTA also encourages TAB to reinstate the requirement that transit
applicants must demonstrate financial capacity to operate projects beyond the
life of awarded funds.
Support: MVTA supports additional regional funding to transit whether through
the proposal to increase the modal funding range of transit projects or to take an
approach of over programming across all modes.
Support: MVTA supports the creation of a Transit New Market guarantee.
MVTA looks forward to continuing to work together to grow and improve transit in the
region. We encourage TAB to address the issues identified above in the final 2020
Regional Solicitation application package.
Respectfully,
Mayor William Droste
MVTA Board of Directors, Chair
C: Lisa Freese, TAC Chair
Paul Oehme, TAC Funding & Programming Chair
Elaine Koutsoukos, TAB Coordinator
2040 TRANSPORTATION POLICY PLAN APPENDIX G: TRANSIT DESIGN GUIDELINES
APPENDICES
version 1.0
G.4
Figure G-1: Transit Market Areas
Wrig h t
Dak ota
Sc ot t
An o ka
Hennepi n
Carver
Sherburn e
WashingtonRamsey
0 10 205 Miles §Nov 2014
Freestanding Town Center
Transit Market Areas
Emerging Market Area III
Market Area IV
Market Area V
Market Area I
Market Area II
Emerging Market Area II
Market Area III
Celebrating 50 Golden Years
City of Apple Valley
7100 147th Street W.
Apple Valley, MN 55124
Phone 952.953.2500
Fax 952.953.2515
www.cityofapplevalley.org
DRAFT FOR DISCUSSION PURPOSES
October ___, 2019
Mayor James Hovland, TAB Chair
Transportation Advisory Board
390 Robert Street North
Saint Paul, MN 55101-1805
Subject: TAB Regional Solicitation BRT Program Feedback
Dear Chair Hovland and TAB Members,
Thank you for the opportunity to comment on the upcom ing 2020 Regional Solicitation
program. The Regional Solicitation Policy Work Group (PWG) discussed a number of
complicated technical issues and was able to collaboratively and creatively fine-tune the
Regional Solicitation program to best address the Region’s needs in 2020. I would like to thank
the members of the Policy Work Group, the Technical Advisory Committee (TAC), the TAC
Funding and Programming Committee and the staff for their efforts.
1. We support increasing the Transit Category funding by $5 million, while maintaining the
existing funding ranges of the Roadway and Bike/Pedestrian categories.
We propose restoring the Roadway category by $4 million and the
Bike/Pedestrian category by $1 million.
Our strategic solution to increase the Transit funding category by $5 million, is
to redirect $5 million from the Unique Projects Category for the 2020
Solicitation.
The 2020 Unique Projects funding category would be restored from
previously allocated and unused regional solicitation project funds until fully
replaced. We remain committed to the regional opportunities provided by
the Unique Projects category.
2. We support a $4.0 million cap award on the Bicycle and Pedestrian category to enhance
regional balance and expand the number of projects funded.
2020 Regional Solicitation Comment Letter
Mayor Mary Hamann-Roland Draft
Date
Page 2
TAB is encouraged to include in the regional solicitation policy $5.5 million for
one large regionally significant project that scores over 800 points.
Sincerely,
CITY OF APPLE VALLEY
Mayor Mary Hamann-Roland
TAB Vice Chair
Transportation Advisory Board (TAB)
2020 Regional Solicitation Program Updates
Transportation Advisory Board (TAB)
2020 Regional Solicitation Program Updates
Transportation Advisory Board (TAB)
2020 Regional Solicitation Program Updates
Transportation Advisory Board (TAB)
2020 Regional Solicitation Program Updates
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A uthorize Temporary Parking at Greenleaf E lementary School for S pecial School Functions
S taff Contact:
Nick Francis, Police Captain
Department / Division:
P olice Department
AC T I O N RE Q UE S T E D:
Authorize temporary parking at Greenleaf Elementary School for special school functions.
S UM M ARY:
Greenleaf Elementary School Principal Michelle deKam Palmeiri has contacted the Apple
Valley Police Department requesting authorization to park vehicles on the lawn to the north
side of the school during school events over the 2019-2020 school year. T he already
scheduled events are listed in the attached letter. Additional events may be added.
Ms. Palmeiri anticipates that with the number of people attending these school functions, the
number of vehicles will exceed the capacity of the school's parking lot.
B AC K G RO UND:
City Ordinance No. 155.373.B.3 states in part:
All motorized vehicles, regardless of type, method of propulsion, or placement on a
trailer, and all C lass II vehicles and trailers shall be parked or stored on a paved
surface;.
City Ordinance No. 71.02.C.(1) and (2) states,
(1) When determined to be in the best interest for the health, safety and welfare of the
residents, property owners, business or commuting public, the C hief of Police is
empowered with the authority of the C ity C ouncil to restrict or allow parking, and the
enforcement thereof, on public thoroughfares and private property by means of installing
or ordering the installation of signage, barricades or other physical means as necessary
to convey the intent for proper enforcement in accordance with the state statutes, city
code or other local ordinances.
(2) When parking is restricted pursuant to subsection (1) above or it is determined to
allow parking, the City C ouncil shall be so informed of the specific area affected and
the type of control at the next regularly scheduled meeting from the date of the
installation or sooner. T he C ity C ouncil retains the rights to rescind, modify or reaffirm
the controls as it deems necessary.
T he police department has reviewed Ms. Palmeiri's request. We are concerned that if this
additional parking area is not granted, people will park in adjoining neighborhoods then have
to walk across G alaxie Avenue to the school. We believe it is in the best interest of the
safety of pedestrians to allow parking on the lawn north of Greenleaf Elementary School for
the specified events. T he School District owns this lawn area. T he C ouncil has approved
these requests in the past.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
L etter
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
Waive S econd Reading and Pass Ordinance A mending S ection 155.333 of Chapter 155 of the
City Code, Regulating L and Usage and Building E ncroachment E xemptions
S taff Contact:
A lex Sharpe, Planner and Economic Development
S pecialist
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Waive the second reading and pass an ordinance amending Section 155.333 via the attached
ordinance.
S UM M ARY:
During a routine ordinance amendment allowing front porches additional encroachments into
the front setback, an error was made which inadvertently deleted sections of text. T he
purpose of the amendment was to reduce the request for variances when porches extend into
the front setback during home remodeling. T he codification error was inadvertent and not the
intent of the approved action by the C ity Council in support of the draft ordinance.
T he C ity Attorney has reviewed the process and stated the following:
"Although this is an ordinance amendment revising a zoning provision in Chapter 155, the
City Attorney’s Office advised that a public hearing is not required because the amendment
is to correct a codification error relative to adoption of the attached ordinance. T his
amendment is not to change substantive language but to re-insert text inadvertently deleted.”
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 :
Ordinance
1
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 155.333 REGARDING BUILDING ENCROACHMENT EXEMPTIONS
The City Council of Apple Valley ordains:
Section 1. Chapter 155 of the Apple Valley City Code is hereby amended by revising
Section 155.333 (C) to read as follows:
(C) The following shall not be considered as encroachments on yard area or setback
requirements:
(1) Projections and window wells.
(a) Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices,
eaves, bays, gutters and other similar projections, provided they do not extend more than 30
inches into the required setback area and in no instance in the R districts nearer than three feet
from a lot line.
(b) A window well may encroach up to 48 inches, measuring from the outside
edge of the well wall/support, into the required side or rear setback, provided it is not closer than
five feet to a lot line or encroach into an easement.
(2) In front yards.
(a) Uncovered balconies that extend into the required setback area a distance
of four feet or less, provided that they are seven feet or more above grade at the foundation line.
(b) Patios, decks, open-air porches, steps and stoops that extend into the
required setback area a distance of eight feet or less. No portion of a front deck, porch or stoop
may have a height greater than 30 inches measured from the top of the platform to the finished
grade.
(c) Ramps constructed for the purpose of providing handicap access which
extend into the required setback area a distance of eight feet or less, provided that they are 18
inches or less above grade at the building line with a railing no higher than 36 inches.
(3) In side yards. Ramps constructed for the purpose of providing handicap access,
terraces, steps, stoops, and uncovered patios, porches or decks, none of which extend nearer than
five feet to the side lot line.
(4) In rear yards.
(a) Patios or decks more than 18 inches above grade at the building line, exclusive
of any railing, ramps constructed for the purpose of providing handicap access, breezeways,
detached picnic shelters, recreational equipment, constructed landscape features or retaining
2
walls, driveways, steps, stoops and mechanical equipment provided that none of these extent
nearer than five feet to the rear lot line.
(b) Attached uncovered balconies or decks higher than 18 inches above building
grade may extend up to 12 feet into the required setback area.
(5) Allowances. All of the preceding permitted setback encroachments shall not be
construed to allow encroachment into an easement of record.
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
I T E M: 4.S.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution Awarding A greement for City Hall - L ower L evel B uildout to F endler P atterson
Construction, I nc.
S taff Contact:
Charles Grawe, A ssistant City A dministrator
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Adopt resolution awarding agreement for C ity Hall - Lower Level Buildout to Fendler
Patterson Construction, Inc. in the amount of $934,300.00.
S UM M ARY:
Attached for consideration is a resolution awarding a contract for the City Hall - Lower
Level Buildout Project. T he C ity has reached near full occupancy in the upper two levels
and is now looking at finishing the lower level of the C ity Hall portion of the Municipal
Center.
B AC K G RO UND:
T he City opened the Municipal C enter in 2001. A t the time of construction, the lower level
of the City Hall side was left largely unfinished for future expansion. Nearly all the
available workstations on the first two floors are now occupied. Additional office space is
necessary to accommodate future employee and volunteer growth. T his project has been
anticipated in the Capital Improvements Program (C IP). Staff updated the C ity C ouncil on
the project at the informal City C ouncil workshop meeting held on J uly 11, 2019.
Staff has conducted a needs assessment and identified options to better use space by not only
finishing the lower level, but also making a few changes to room uses on the second
floor. T he optimization plan that considers improving a number of uses on the first and
second floors expands the square footage involved by about 20 percent. With the expanded
scope, the cost estimate for the general contract portion of the project was $1,200,000. On
October 15, 2019, the C ity received eight bids on the project. Please see the attachment for
the full bid tabulation. Fendler Patterson C onstruction, Inc. was found to be the lowest
responsible bidder with a base bid of $930,00.00 and an Alternate 1 bid of $4,300.00 for a
total Base and Alternate bid of $934,300.00. T his is under the estimated cost. Staff
recommends the City C ouncil adopt the resolution awarding agreement for C ity Hall - Lower
Level Buildout to Fendler Patterson C onstruction, Inc. in the amount of $934,300.00 using
the A IA template agreement and contingent upon final review and approval of the agreement
by the City Attorney and C ity Administrator.
B UD G E T I M PAC T:
Staff proposes to use three funding sources for the project.
Capital needs for the cable television operation are eligible expenses for use of restricted
Public Education Government (PEG) fees. Based on the floor space for cable operations,
these funds would be eligible to cover approximately $265,000 of the project. Additional
funds yet to be determined would be eligible for cable furnishings.
T he C ity has been using a closed cable capital fund to fund various security projects around
the city. T here is approximately $250,000 from this fund that would available for the project.
T he remaining funds would come from the Municipal Building Fund.
AT TAC HM E NT S :
Resolution
Bid / Quote Tabulation
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-___
A RESOLUTION AWARDING CONTRACT FOR CITY HALL – LOWER LEVEL BUILDOUT
PROJECT
WHEREAS, pursuant to City Council Resolution No. 2019-___, sealed bids were received,
opened, and tabulated on October 15, 2019, for the City Hall – Lower Level Buildout Project, and
WHEREAS, a tabulation of said bids is attached hereto as Exhibit A, and
WHEREAS, the Architect has reviewed the base bids and alternate and recommended
acceptance of the Base Bid and Alternates 1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1. The base bid of Fendler Patterson Construction, Inc., in the amount of $930,000.00,
is hereby found to be the lowest responsible bid meeting specifications for said
project.
2. Alternate No. 1, Add wood paneling at soffit above door 014A; is hereby accepted.
3. The Mayor and Clerk are hereby authorized to enter into a contract with Fendler
Patterson Construction, Inc., for said project, in the total amount of $934,300.00, in
accordance with the specifications heretofore approved by the Council and on file in
the office of the City Clerk.
4. 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 24th day of October, 2019.
____________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
Exhibit A
APPLE VALLEY, MN
CITY HALL – LOWER LEVEL BUILDOUT PROJECT
Estimate: $1,200,000.00 BID DATE: OCTOBER 15, 2019
BID TIME: 10:00 A.M.
CONTRACTORS
Bid
Bond
5%
Total Base Bid
Alt. No. 1
Addendum Total Base and
Alternate
1. Fendler Patterson
Construction, Inc.
X $930,000.00 $4,300.00 X $934,300.00
2. Meisinger Construction
Company, Inc.
X $1,200,000.00 $3,000.00 X $1,203,000.00
3. Ebert, Inc. X $1,057,000.00 $2,300.00 X $1,059,300.00
4. Rochon Corporation X $1,087,400.00 $4,350.00 X $1,091,750.00
5. Jorgenson
Construction, Inc.
X $999,000.00 $5,000.00 X $1,004,000.00
6. Schreiber Mullany
Construction Company,
Inc.
X $953,890.00 $5,000.00 X $958,890.00
7. Weber, Inc. X $1,037,000.00 $5,000.00 X $1,042,000.00
8. Derau Construction,
LLC
X $998,500.00 $6,200.00 X $1,004,700.00
9.
10.
11.
12.
13.
14.
15.
Bid opening held October 15, 2019, at 10:00 a.m., at the Municipal Center.
Present: City Clerk Gackstetter, Charles Grawe, and Wayne Hilbert.
I T E M: 4.T.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution Awarding A greement for P roject 2019-114, Family A quatic Center P ool Shell
Repair
S taff Contact:
B arry B ernstein, Parks and Recreation Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Adopt resolution awarding Project 2019-114, Family Aquatic C enter Pool Shell Repair, to
Northern Pool Restoration, LLC , in the amount of $195,883.00.
S UM M ARY:
Staff is seeking authorization to enter into an agreement with Northern Pool Restoration,
LLC, as the lowest responsible bidder at $195,883.00, for Project 2019-114, Family Aquatic
Center Pool Shell Repair.
B AC K G RO UND:
On Friday, October 11, 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 Northern Pool Restoration, LLC , for a total cost of $195,883.00.
Horizon Pools $207.700.00
Global Specialty C ontractors $199,999.00
Northern Pool Restoration, LLC $195,883.00
B UD G E T I M PAC T:
$195,883.00. T he funds that were dedicated in 2019 will be rolled over to 2020 to cover
costs.
AT TAC HM E NT S :
Resolution
Proposal
Bid / Quote Tabulation
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. 2019-108 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 Northern Pool Restoration, LLC, in the total amount of $195,883.00 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
Northern Pool Restoration, LLC, for its bid, in the total amount of $195,883.00, 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 24th day of October, 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: Friday, October 11, 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,
X Bid Bond
$207,700.00
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, LLC
1491 92nd Lane NE
Blaine, MN 55449
763-762-8198
Certified Check,
Cashiers Check,
X Bid Bond
$195,883.00
5 Global Specialty Contractors, Inc.
Pete Holthaus, Project Manager
3220 Terminal Drive
Eagan, MN 55121
peteh@globalspecialty.net
Certified Check,
Cashiers Check,
X Bid Bond
$199,999.00
6
Certified Check,
Cashiers Check,
Bid Bond
No bid
Present: Pamela J. Gackstetter, City Clerk Dorene Perkins Monn, Administrative Coordinator
Mike Endres, Parks Superintendent
Exhibit A
CITY OF APPLE VALLEY
PROJECT 2019-114; FAMILY AQUATIC CENTER POOL SHELL REPAIR
PROPOSAL DATE: Friday, October 11, 2019 – 10:00 a.m.
Total Bid Notes
5 Dodge Data & Analytics
Hazel Lacamienta, National Document Coordinator
4300 Beltway Place, Ste 150,
Arlington, TX 76018
Certified Check,
Cashiers Check,
Bid Bond
No bid
6 Dodge Data & Analytics
April Hamilton, Document Coordinator
4300 Beltway Place Suite 150,
Arlington, TX. 76018
Certified Check,
Cashiers Check,
Bid Bond
No bid
7 Dodge Data & Analytics
Jay Oculam
4300 Beltway Place Suite 150,
Arlington, TX. 76018
Certified Check,
Cashiers Check,
Bid Bond
No bid
I T E M: 4.U.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Operations and Maintenance Cooperative Agreement with S tate of Minnesota for L ac
L avon Public F ishing P ier
S taff Contact:
B arry B ernstein, Director of P arks and Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve Operations and Maintenance Cooperative Agreement with State of Minnesota for
Lac Lavon Public Fishing Pier.
S UM M ARY:
T he Minnesota Department of N atural Resources has offered to supply a replacement fishing
pier at Lac Lavon Lake. Staff recommends acceptance of the Lac Lavon Lake Public
Fishing Pier Land Use, Operations and Maintenance C ooperative Agreement Between the
State of Minnesota and the City of Apple Valley.
B AC K G RO UND:
T he current Lac Lavon floating pier was installed by the D N R in 1993 through a Cooperative
Agreement grant program. T hat agreement expired after twenty years.
T he pier no longer meets the high water standards of the lake and has been underwater a good
portion of 2019. T he D N R has offered to supply a replacement fishing pier through a
twenty-five year Operations and Maintenance Cooperative Agreement. Under the agreement,
the D N R will secure funding for the pier, and the C ity will be responsible for removal of the
old pier and installation of the new.
B UD G E T I M PAC T:
T he State will encumber funds for the fishing pier and the C ity will be responsible for
removal of the old structure and installation of the new.
AT TAC HM E NT S :
Agreement
Exhibit
1
LAC LAVON LAKE PUBLIC FISHING PIER
LAND USE, OPERATIONS AND MAINTENANCE COOPERATIVE AGREEMENT
BETWEEN
THE STATE OF MINNESOTA AND THE CITY OF APPLE VALLEY
This Agreement, between the State of Minnesota, acting by and through the Commissioner of the
Department of Natural Resources, hereinafter referred to as the "State" and the City of Apple Valley
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under
Minnesota Statutes Section 97A.141 to provide public access sites on lakes and rivers where access is
inadequate; and
WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into
Agreements to jointly or cooperatively exercise common powers; and
WHEREAS, the City and the State have determined this Fishing Pier improvement on Lac Lavon Lake is of
high priority under the state public water access program; and
WHEREAS, the City owns land described as Outlot D, Lac Lavon Shores, 1st Addition, Dakota County, which
is attached and incorporated into this Agreement as Exhibit A; and
WHEREAS, the State is willing to construct a Fishing Pier to Lac Lavon Lake; and
WHEREAS, the City will operate and maintain the Fishing Pier facility located on Lac Lavon Lake, hereinafter
referred to as “Facilities”; and
WHEREAS, a resolution or copy of the City council/board meeting minutes authorizing the City to enter into
this Agreement is attached and incorporated into this Agreement as Exhibit B; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the public bodies hereto and for
the benefit of the general public, the parties agree as follows:
I.STATE’S DUTIES AND RESPONSIBILITIES
a.The State will encumber funds for the fishing pier through the standard internal purchasing process
including, but not limited to, a separate requisition request.
b.The State shall provide technical expertise and equipment, when feasible, assistance with the
removal of the old pier and installation of the new Fishing Pier. The State reserves the option to
salvage and reuse sections or parts of the old pier.
c.The State will review and approve any signs before they are placed at the facility by the City.
d.The State shall retain ownership of the Fishing Pier and retains the authority to relocate and/or
remove the Fishing Pier if the Site is determined to be inadequate or if the City fails to comply with
the terms of the Agreement. Before such removal or relocation, the State shall consult with the
City.
e.The State shall assist the City with major structural repairs to the fishing pier subject to the
availability of funding according to the provisions of Article III.
f.The State reserves the right to inspect the Facilities at all times to insure that the City is in
compliance with the terms of this Agreement.
DRAFT
2
II. CITY’S DUTIES AND RESPONSIBILITIES
a. The City shall be responsible for the removal, demolition and disposal of the existing Fishing Pier
and for the installation of the new Fishing Pier. The city shall notify the State’s representative as to
when this activity will take place.
b. The City will ensure that the Facility meets or exceeds ADA requirements. The existing concrete
footing and approach connecting the gangway to shore, and the accessible sidewalk/path
connecting the Fishing Pier to an accessible parking space will have less than a 5% gradient and 2%
cross slope. This will be completed within one year of the effective date of this Agreement.
c. The City shall comply with all local, state and federal laws, regulations, rules and ordinances, which
may apply to the management, operation, and maintenance of the Facility. The City shall obtain
any permit or license which may be required for the Fishing Pier.
d. The Fishing Pier may only be used for fishing, observation and other compatible uses.
e. The Fishing Pier and related Facilities shall be free and remain open every day during open water
season in conjunction with the City’s established hours for a Facility of this type. The City may close
the Facility for emergencies, or for other reasons, without prior written consent of the State. The
City shall notify the State within 48 hours of the closing of the Facility for emergency reasons or if
the Facility will remain closed longer than 48 hours.
f. Free and adequate parking within the vicinity of the Facility will be provided. The closest, prudent
and most feasible location should be used for the designated accessible space which meets or
exceeds ADA requirements.
g. The City shall provide police protection and patrols for the Facility in accordance with the City’s
established police department policies for a Facility of this type.
h. The City shall maintain the Facility and keep them in good and sanitary order in accordance with the
City's established practices for maintenance of City Facilities. Additionally, the City shall provide all
necessary routine maintenance and minor repairs including, but not limited to, the repair or
replacement of decking and railings.
i. The City shall take necessary action to protect the Fishing Pier from damage caused by ice action.
Additionally, the City shall return the Fishing Pier to working condition each spring, no later than
May 1st of each year.
j. The City shall prevent invasive species from entering into or spreading withi n the facilities by
cleaning equipment prior to arriving at the facilities.
i. If the equipment, vehicles, gear, or clothing arrives at the facilities with soil, aggregate
material, mulch, vegetation (including seeds) or animals, it shall be cleaned using City
furnished tools or equipment (brush/broom, compressed air or pressure washer). The City
shall properly dispose of material cleaned from equipment and clothing. If the material
cannot be disposed of onsite, it will be secured prior to transport and legally disposed of
offsite.
ii. The City shall ensure that all equipment and clothing used for work in public waters has
been adequately decontaminated for aquatic invasive species. All equipment and clothing
including but not limited to waders, vehicles and boats that are exposed to any public water
of the state must be thoroughly cleaned and drained of all water before transport to
another location.
DRAFT
3
III. FUNDING
The State shall provide funding for its responsibilities under Article I (a), (b), and (e) above through the
standard internal purchasing process including, but not limited to, a separate requisition in which
funds will be encumbered. The total obligation of the State for the Facility under Article I (e) is limited
to the amount of funds legislatively appropriated and administratively allocated to this project.
IV. LIABILITY
Each party agrees that it will be responsible for its own acts and the results thereof to the extent
authorized by the law and shall not be responsible for the acts of the other party and the results
thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by
Minnesota Statutes Sections 466.01-466.15, and other applicable law.
V. TERM
a. Effective Date: October 1,2019 or the State obtains all required signatures under Minnesota
Statutes Section 16C.05, Subdivision 2, whichever is later. The City shall not begin work under this
Agreement until it is fully executed and the City has been notified by the State’s authorized
representative to begin the work.
b. Expiration Date: December 31, 2044 for a period of twenty five (25) years except as otherwise
provided herein or agreed to in writing by both parties. This agreement can be extended with a
written amendment as agreed upon and signed by both parties per article XI.
VI. AUDIT
Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting
procedures and practices of the City relevant to the Agreement shall be subject to examination by the
Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six
years from the end of this agreement.
VII. ANTITRUST
The City hereby assigns to the State any and all claims for overcharges as to goods and/or services
provided in connection with this Agreement resulting from antitrust violations that arose under the
antitrust laws of the United States and the antitrust laws of the State of Minn esota.
VIII. CANCELLATION
This Agreement may be cancelled by the State at any time with cause or as necessary as provided in
Article III, upon thirty (30) days written notice to the City.
This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota
Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for
services covered under this Agreement. The State will notify the City by written notice. The State will
not be obligated to pay for services provided after the notice is given and the effective date of
cancellation. The State will not be assessed any penalty if the Agreement is cancelled because of a
decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds.
The State shall provide the City notice of lack of funding within a reasonable time of the State’s
receiving that notice.
IX. GOVERNMENT DATA PRACTICES
The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City under this agreement.
DRAFT
4
X. PUBLICITY AND ENDORSEMENT
Any publicity regarding the subject matter of this Agreement must identify the State as the sponsoring
agency and must not be released without prior written approval from the State’s Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets,
press releases, research, reports, signs, and similar public notices prepared by or for the City
individually or jointly with others, or any subcontractors, with respect to the program a nd services
provided from this Agreement.
XI. COMPLETE AGREEMENT
This Agreement, and amendments, constitutes the entire Agreement between the parties. 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.
XII. OTHER TERMS AND CONDITIONS
NOTICES: Any notice, demand or communication under this Agreement by either party to the other
shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid to:
THE STATE THE CITY
Minnesota Department of Natural Resources City of Apple Valley
Parks and Trails Area 3B Supervisor Parks and Recreation Department
1200 Warner Road 7100 147th Street W
St. Paul, MN 55106 Apple Valley, MN 55124
IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound
thereby.
DEPARTMENT OF NATURAL RESOURCES CITY OF APPLE VALLEY
By: ___________________________________________ By: ___________________________________
Title: _________________________________________ Title: __________________________________
Date: _________________________________________ Date: __________________________________
DEPARTMENT OF ADMINISTRATION CITY OF APPLE VALLEY
Delegated to Materials Management Division
By: ___________________________________________ By: ____________________________________
Title: _________________________________________ Title: _________________________________
Date: _________________________________________ Date: __________________________________
(Effective Date)
STATE ENCUMBERANCE VERIFICATION
Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05.
Signed: _______________________________________
Date: _________________________________________
Contract: ______________________________________
DRAFT
I T E M: 4.V.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Agreement with the Cities of Burnsville, Eagan, and L akeville for Recycling S ervices
S taff Contact:
Charles Grawe, A ssistant City A dministrator
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Approve the agreement with the Cities of Burnsville, Eagan, and Lakeville to provide
recycling services.
S UM M ARY:
In 2003, the City began joint services with the Cities of Burnsville and Eagan to provide
recycling. Several years ago, the C ity of Lakeville joined the agreement. T his agreement
allows the four cities to share staff dedicated to the recycling mission, while alleviating City
staff in other departments from recycling duties so that they can focus on other issues.
Changes to the funding model used by the C ounty that provides financial support for this
joint effort required modifications to the agreement.
B AC K G RO UND:
T he changes to the agreement center around funding through the County. Specifically, the
cities create a joint budget based on estimated revenues to be provided by the County. T he
revised agreement provides for a process to deal with any funding shortage. Related, the
County requires the individual cities to submit reports on in-kind waste diversion in order to
receive the full grant amount. T he agreement now makes each individual city responsible for
the portion of the grant that is contingent upon that city providing the report. T his ensures
that if one city fails to submit the required reports, the other cities are not expected to make
up the lost grant revenue.
T he City Attorney has reviewed the agreement. Staff recommends the C ouncil approve the
revised agreement to provide recycling services.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Agreement
1
106148v4A
AGREEMENT
TO PROVIDE RECYCLING SERVICES
AGREEMENT made this ___ day of ____________, 2019 by and among the Cities of
BURNSVILLE, APPLE VALLEY, EAGAN, and LAKEVILLE (hereinafter individually
referred to as a “City” and collectively referred to as the "Cities").
1. AUTHORITY. This Agreement is entered into pursuant to Minnesota Statute § 471.59.
2. PURPOSE. The purpose of this Agreement is to provide recycling services for the
Cities.
3. WASTE ABATEMENT PROGRAM SERVICE. The City of Burnsville shall
implement a waste abatement program (“Program”) as described in the Dakota County
Community Waste Abatement Grant Application (“Application”) for itself and the cities of
Eagan, Apple Valley, and Lakeville.
If either the City of Eagan, City of Apple Valley or the City of Lakeville desire additional waste
abatement services outside of those described in the Application, the City desiring the service
may enter into a separate agreement with Burnsville for those services and pay for those services
with funds other than those awarded under any waste abatement grant.
4. FINANCE.
A. The City of Burnsville shall act as the fiscal agent for the Cities and shall
maintain a separate fund for the purpose of operating the Program. The City of
Burnsville is authorized to pay Program expenses and receive reimbursements.
B. For ach calendar year of the Program, the City of Burnsville, following review
and consultation with the other Cities, shall submit an application on behalf of the four
Cities for a Dakota County Community Waste Abatement Grant.
C. The City of Burnsville shall submit a reimbursement request that complies with
the Dakota County Community Waste Abatement Grant Program Guidelines and
Application.
D. The City of Burnsville shall purchase equipment and supplies for the Program
through procedures that are most beneficial to the Program. Contracts let and purchases
made shall conform to statutory requirements applicable to the Cities.
5. CONTRIBUTIONS OF FACILITIES AND FUNDS BY CITIES.
A. Each City shall determine which of its resources will be available to the Program,
including specifically any facilities, equipment, funds or personnel to be made available
for Program activities. Each City will use reasonable efforts to provide a workspace with
2
106148v4A
appropriate office supplies and equipment to allow an environmental technician to fulfill
the requirements of the Program. If a City chooses to have the technician spend office
time at their facility, that city will provide a workspace with appropriate office supplies
and equipment to allow the technician to fulfill the requirements of the Program. The
schedule of the technician will be determined at a later date.
B. The Cities intend that the Program be fully funded by Dakota County with some
City in-kind waste diversion activity by each City as a match to the County’s funding.
The Cities will attempt to operate within the funding provided by Dakota County, but it is
feasible that the costs to operate the Program could potentially be higher than the funding
provided. In the case of a funding shortage, Cities shall make up the funding deficit in
the below manner for each situation described:
1) If costs are higher than funding: Burnsville shall alert the Cities as soon as
it is aware that the potential exists for a funding shortage and shall attempt to
make modifications to the services that still meet the requirements of the Program
to offset the shortage prior to the shortage occurring. If measures cannot be taken
to address the shortage, the shortage shall be made up by the Cities according to
the grant funding percentage paid to or on behalf of each City in relation to the
total grant funding received by the Cities(as determined by the County’s grant
funding allocation model).
2) If a City doesn’t provide its in-kind waste diversion or report it
adequately: That City shall be responsible for any funding shortage associated
with its lack of reporting or failure to provide its in-kind waste diversion.
C. The environmental specialist in charge of the Program will be housed in the
Burnsville Maintenance Facility. The Burnsville Natural Resources Manager will
supervise the environmental specialist with input from designated supervisory contacts in
Eagan, Apple Valley, and Lakeville.
6. PERSONNEL. The City of Burnsville shall establish standards and qualifications for its
personnel. Burnsville’s Recycling Services personnel shall be deemed employees of the City of
Burnsville, not of the other member Cities. Burnsville personnel shall be responsible for
carrying out the Program and the terms and conditions of the Application and any resulting grant.
7. INSURANCE AND INDEMNIFICATION.
A. General Liability Insurance. Each individual City agrees to maintain in force
comprehensive general liability insurance equal to or greater than the maximum liability
for tort claims under Minn. Stat. § 466.04. Each City shall maintain public liability
insurance coverage on the Public Resources made available for the Program. If any City
is notified that its insurance is cancelled, it will immediately notify the other Cities in
writing. If any City is unable to obtain or keep in force at least the minimum coverage
required by this paragraph, any City may withdraw from this Agreement after giving the
other member Cities at least thirty (30) days written notice of its intent to withdraw.
3
106148v4A
B. Workers' Compensation Insurance. Each City shall be responsible for injuries to
or death of its own employees. Each City shall maintain workers' compensation coverage
or self-insurance coverage, covering its own employees while they are providing services
pursuant to this agreement. Each City waives the right to sue any other City for any
workers' compensation benefits paid to its own employee or their dependents, even if the
injuries were caused wholly or partially by the negligence of any other City or its
officers, employees or agents.
C. Indemnification. The Cities agree to indemnify and hold harmless each other and
each other's respective employees, trustees, directors, officers, subcontractors, agents or
other members of its workforce, each of the foregoing referred to as "indemnified party,"
against all actual and direct losses suffered by the indemnified party and all liability to
third parties arising from or in connection with any breach of this Agreement or from any
negligence or wrongful acts or omissions by the indemnifying party or its employees,
trustees, directors, officers, subcontractors, agents or other members of its workforce in
connection with the indemnifying party's performance under this Agreement.
Accordingly, on demand, the indemnifying party agrees to reimburse the indemnified
party for any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs
or expenses (including reasonable attorneys' fees) which may for any reason be imposed
upon any indemnified party by reason of any suit, claim, action, proceeding or demand
by any third party that results from the indemnifying party's breach of any provision of
this Agreement or from any negligence or wrongful acts or omissions by the
indemnifying party or its employees, trustees, directors, officers, subcontractors, agents
or other members of its workforce in connection with the indemnifying party's
performance under this Agreement.
The Cities agree that liability under this Agreement is controlled by Minnesota Statute
§ 471.59, subdivision 1a, and that the total liability for the participating cities shall not
exceed the limits on governmental liability for a single entity of government as specified
in Minnesota Statute § 466.04, subdivision 1.
8. DURATION.
A. Any City may withdraw from this Agreement on December 31 of any year.
Written notice of termination must be given to the other Cities at least ninety (90) days
prior thereto.
B. Upon a City's withdrawal from the Agreement or termination of the Agreement
any resources will be promptly returned to the City that provided a resource to the
Program.
C. In the event of written notification to withdraw, the remaining Cities shall meet to
consider modifying the Agreement to continue without the withdrawing City or to
terminate.
4
106148v4A
9. PRIOR AGREEMENTS SUPERSEDED. This Agreement supersedes and repeals all
prior agreements among the Cities related to the recycling service.
IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed by
their respective duly authorized officers.
Dated: ____________________ CITY OF APPLE VALLEY
BY: ______________________________
Its Mayor
AND ______________________________
Its City Clerk
Dated: ___________________ CITY OF BURNSVILLE
BY: _____________________________
Its Mayor
AND _____________________________
Its City Manager
Dated _____________________ CITY OF EAGAN
BY: _____________________________
Its Mayor
AND _____________________________
Its Environmental Specialist/Clerk
Dated: ___________________ CITY OF LAKEVILLE
BY: _____________________________
Its Mayor
AND _____________________________
Its City Clerk
I T E M: 4.W.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Agreement with 292 Design Group, I nc., for Feasibility S tudy S ervices
S taff Contact:
B arry B ernstein, Director of P arks and Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve the agreement with 292 Design Group, Inc., for Feasibility Study Services, in an
amount not to exceed $8,700.00.
S UM M ARY:
Attached is an agreement proposal from 292 Design Group, Inc., for a feasibility study
analyzing the existing Redwood Park and Pool. Staff recommends C ity C ouncil approval of
the professional services agreement.
B AC K G RO UND:
Redwood Park and its future design has long been a discussion item. T he topic has been
discussed informally with the Parks and Recreation Advisory Committee over the years and
a full evaluation suggested. Staff has approached 292 Design G roup, Inc., for a proposal to
provide their professional services in evaluating Redwood Park and all of its features. T he
park includes a main building, two park shelters, a basketball play pad, tennis and volleyball
courts, a pool, two ball diamonds, a restroom facilities, as well as other park amenities. T he
goal of the feasibility study is to develop options, provide images of proposed improvements,
create a priority list, and develop cost estimates associated with those improvements.
B UD G E T I M PAC T:
Not to exceed $8,700.00
Funding has been designated within the 2019 Budget
AT TAC HM E NT S :
Proposal
`
August 27, 2019
Barry Bernstein
Parks and Recreation Director
City of Apple Valley
7100 147th Street West
Apple Valley, MN 55124
Re: Feasibility Study for Redwood Park and Pool
Dear Mr. Bernstein:
292 Design Group (292) is pleased to submit this proposal/contract for preparing a feasibility study that analyzes
the existing Redwood Park and Pool in the City of Apple Valley. We appreciate the opportunity to assist the City
with this project. 292 has helped numerous communities assess their recreational facilities and how they can best
serve their residents.
It is organized in the following manner:
1. Project Understanding
2. Scope of Services
3. Time Frame
4. Compensation
1. PROJECT UNDERSTANDING
We understand that the City of Apple Valley is requesting professional assistance in evaluating the existing
Redwood Park which includes the pool and support building. Improvements may include new facilities/amenities or
replacement and refurbishment of existing facilities/amenities. The goal of the study is to develop options, provide
images of proposed improvements, create a priority list, and develop cost estimates. 292 proposes the following
scope of services to assist the City.
2. SCOPE OF SERVICES
Community and Stakeholder Input
292 Design Group will facilitate development of a facilities/amenities program (list of facility spaces or park areas,
their square footage and special requirements) for Redwood Park and Pool. Proposed activities and
facilities/amenities to be reviewed include the following:
Kickoff meeting with city staff and community stakeholders
Perform site visit to look at existing pool and park building to determine condition of existing
infrastructure, including aquatic, mechanical, electrical, and structural engineering review.
Review will include anticipated life span and recommended upgrades to maintain in
operable condition.
Review all existing site amenities including volleyball courts, tennis courts, basketball
courts, parking lots, play structures, baseball field, and other miscellaneous site
components to determine condition and anticipated life span of each component.
`
Operational considerations
Concept Planning
292 will develop options – addressing goals identified from stakeholder input and site visit – for review and
discussion. After this review, 292 will develop the selected option and prepare the following drawings:
Overall site plan including parking, walks, trails and landscape areas. This may be an artist
rendering overlaying aerial photographs
Floor plans of facilities and main park components that will be considered for improvements
or replacement
Computer renderings of concept
Budget Development
292 will prepare a concept-level cost estimate that will establish a budget for the improvements. The cost for each
component will be tracked separately. The budget will include costs for:
Site development including parking and trail improvements
Specialty systems such as pools and spray pads
Turf field costs
Support building construction
Fixtures, furniture and equipment
Required testing and surveying costs
Architecture and engineering costs
Construction and design contingency
Project contingency
Final Report
Upon the completion of the work outlined above, 292 Design Group will present the finding to the City Council and
compile the work into a final report.
3. TIME FRAME
292 Design Group proposes a 12-week timeframe from initiation to completion.
4. COMPENSATION ‘
Community and Stakeholder Input $2,000
Concept Planning $5,000
Budget Development $1,000
Final Report $500
Total Fee to City $8,500
Plus Reimbursable Expenses $200
Reimbursable Expenses include mileage, printing and delivery costs.
`
Additional architectural services, if required, will be provided on an hourly basis as follows:
2019 292 Hourly Billable Rates:
• Principal $200
• Architect $120-160
• Technician $85-120
Sincerely,
Tom Betti, AIA, NCARB
Partner
APPROVED BY:
City of Apple Valley
By:
Its: Date:
292 Design Group
By:
Its: Tom Betti, Partner Date: 08.27.2019
I T E M: 4.X.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 1 to A greement with McNamara Contracting, I nc., for Project 2017-
109, J ohnny Cake Ridge Road I mprovements
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 1 to the agreement with McNamara Contracting, Inc., for Project
2017-109, J ohnny C ake Ridge Road Improvements, by adding the amount of $17,779.50.
S UM M ARY:
Attached for consideration is C hange Order No. 1 that addresses requested changes to the
construction documents. A brief description of the change order is as follows:
T he change order addresses the additional work and material cost associated with:
1. Removing the line items to furnish and install a splice vault and 2” HD PE conduit.
2. Adding the line items to install a splice vault and 2” HD PE conduit.
3. Adding the line items to install additional 2” HD PE conduit.
4. Removing and replacing two D8-1 loop detectors, 2” conduit and a handhole, which are
in direct conflict with the proposed storm sewer.
5. Removing and replacing two D1-1 and two D1-2 loop detectors that are in direct
conflict with the proposed A D A improvements.
T he total is $17,779.50. T he cost associated with this change reflects fair market value for
the work and materials.
B AC K G RO UND:
City C ouncil adopted Resolution 2017-8 on J anuary 12, 2017, authorizing preparation of
corridor and feasibility study for J ohnny Cake Ridge Road, Project 2017-109.
On September 13, 2018, the City Council adopted Resolution 2018-133, directing the
preparation of plans and specifications and accepting feasibility study for Project 2017-109,
J ohnny Cake Ridge Road Improvements.
On March 14, 2019, C ity C ouncil adopted Resolution 2019-36, approving plans and
specifications and directing receipt of sealed bids for Project 2017-109, J ohnny C ake Ridge
Road Improvements.
On April 25, 2019, C ity C ouncil adopted Resolution 2019-62, awarding agreement for
Project 2017-109, J ohnny C ake Ridge Road Improvements, to McNamara C ontracting Inc.,
in the amount of $5,587,129.05.
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 Costs:Estimated Cost Awarded C ost
Construction C ost $ 5,978,449.00 $ 5,587,129.05
Construction C ontingency 597,845.00 971,385.50
Change Order No. 1 17,779.50
Engineering, Contract Admin, Inspection,
Testing, Survey
1,417,060.00 1,417,060.00
Total Estimated Cost $ 7,993,354.00 $ 7,993,354.05
Estimated Project Funding:
Water Utility
Sanitary Sewer Utility
$ 341,445.00
565,527.00
$ 341,445.00
565,527.00
Storm Sewer Utility 311,500.00 311,500.00
Road Improvement Fund 437,724.00 437,724.00
Street Light Utility Fund 88,687.00 113,119.00
Municipal State Aid
5,348,471.00
5,324,039.05
Dakota C ounty (J PA)600,000.00 600,000.00
Grant Funding 300,000.00 300,000.00
Total Estimated Funding $ 7,993,354.00 $ 7,993,354.05
AT TAC HM E NT S :
Change Order Document(s)
••• ❖:•:❖ ••••
APP.le
11 Va e I~
Owner: City of Apple Valley, 7100 W. 147th St., Apple Valley, MN 55124
Contractor: McNamara Contracting, Inc., 16700 Chipeendatel Ave., Rosemount, MN 55068
Bond Company: The Guarantee Company of North America USA,
Swuare, Suite 14 70, Southfield MI 48076-3725
CHANGE ORDER NO. I
Johnny Cake Ridge Road hnprovements
CITY PROJECTNO.2017-109 S.A.P. #186-103-017
Date August 14 , 2019
One Town Bond No:
16174091
The following items are deemed to be necessary to complete the project according to the intended design . ln accordance with the terms of this
Contract, the Contractor is hereby authorized and instructed to perform the work as altered by the following provisions.
Description of Work
The original contract stated that the contractor was to furnish and install the splice vaults and conduit. Dakota County has provided the splice vaults
and conduits for this project, so the quantities have been been updated to reflect the cost to install only. The Contractor encountered two D8-I loop
detectors, 2" conduit, and handhole 9 at ST A 156+00 that conflict with proposed storm sewer installation from MH5093 to MH5094, wich will
need to be removed and replaced. The Contractor while performing curb removals at STA 100+00 encountered two DI-I and two Dl-2 loop
detectors that conflict with proposed ADA improvements at ST A 1 Oo+OO , wich will need to be removed and replaced. The Engineer has
determined the Contract needs to be revised in accordance with specification 1402.5 Extra Work.
No.
177A
178
179
178A
179A
179B
180
181
180A
Item
CHANGE ORDER NO. 1
PART 5-STREETS
Revise Signal Systems
TOT AL PART 5 -STREETS
PART 6-CONDUIT (APPLE VALLEY)
SPLJCE VAULT
2" HDPE CONDUIT INCL TRACER WIRE
INSTALL SPLJCE VAULT
INSTALL 2 " HDPE CONDUIT INCL TRACER WIRE
INSTALL 2" HDPE CONDUIT INCL TRACER WIRE
(ADDITIONAL CONDUIT)
TOT AL PART 6 -CONDUIT (APPLE VALLEY)
PART 7 -CONDUIT (DAKOTA COUNTY)
SPLICE VAULT (DAKOTA COUNTY)
2" HDPE CONDUIT INCL TRACER WIRE (DAKOTA
COUNTY)
INSTALL SPLJCE VAULT (DAKOTA COUNTY)
20 17-109 Change Order No l
Unit
LS
EA
LF
EA
LF
LF
EA
LF
EA
Change Order
Quantity
1 '
-2
-1097
2
1100
1100
-8
-611 8
5
Unit
Price
$15,400.00
$3,800.00
$4 .50
$2,250.00
$4.40
$3 .50
$3 ,900.00
$5 .00
$2,250.00
Total
Amount
$15,400.00
$15,400.00
($7,600.00)
($4,936.50)
$4,500.00
$4 ,840.00
$3,850.00
$653.50
($31,200.00)
($30,590.00)
$11 ,250.00
No.
181A
181B
Item
INSTALL 211 HDPE CONDUIT INCL TRACER WIRE
(DAKOTA COUNTY)
INSTALL 2" HDPE CONDUIT INCL TRACER WIRE-
ADDITIONAL CONDUIT (DAKOTA COUNTY)
TOT AL PART 7 -CONDUIT (DAKOTA COUNTY)
TOTALPART5-STREETS
TOT AL PART 6 -CONDUIT (APPLE VALLEY)
TOTAL PART 7 -CONDUIT (DAKOTA COUNTY)
'
CHANGEORDERNO.1 TOTAL
2017-109 Change Order No 1
Change Order
Unit Quantity
LF 6200
LF 6200
Unit
Price
$4.93
$3.50
Total
Amount
$30,566.00
$21,700.00
$1,726.00
$15,400.00
$653.50
$1,726.00
$17,779.50
Original Contract Amount
Previous Change Orders
This Change Order
Revised Contract Amount (including this change order)
$5 ,587 ,129 .05
$0 .00
$17,779.50
$5 ,604 ,908 .55
CHANGE IN CONTRACT TIMES
Original Contract Times :
Substantial Completion (days or date):
Ready for final Payment (days or date):
Increase of this Change Order:
Substantial Completion (days or date):
Ready for final Payment ( days or date):
Contract Time with all approved Change Orders :
Substantial Completion (days or date):
Ready for final Payment (days or date):
Approved by Contractor:
McNa acting
Date
Approved By Public Works
Cl~PLE VALLEY
Date
cc: Contractor
Bonding Company
20 17-1 09 Change Ord er No I
Approved by Owner:
6/1/2020 1
6/30/2020
None
0
0
6/1/2020
6/30/2020
CITY OF APPLE VALLEY
Mary Hamann-Roland, Mayor
Date
Attest: Pamela J. Gackstetter, City Clerk
Date
ffl ., STATE AID FOR LOCAL TRANSPORTATION Re v. February 20 18
"··===··=====-···====·-·-.. . ·'-·-·-· -'··"· ---=== --·========
SAP 186-103-017 MN Pro ·ect No .: Chan e Order No . 1
Pro j ect Locatio n
Local Agency
Contractor
Johnny Cake Ridge Road , App le Va lle y, MN
City of Apple Valley Loc al Proj ect No . 20 17-109
, McNamara Contract ing Contract No . 161 74091
Add ress /City/State/Z ip 16 700 Chippenda le Ave , Rose mou nt , MN 55068
Total Change Order Amount$ $2 ,37 9 .50
Issue :
The Statement of Estimated Quantities Part 6 -Conduit (Apple Valley), designates
2565.602 SPLICE VAULT and 2565.603 2 " HOPE CONDUIT INCL TRACER WIRE as
furnish and install bid items . The Statement of Estimated Quantities Part 7 -Conduit
(Dakota County), also designates 2565.602 SPLICE VAULT -DAKOTA COUNTY and
2565.603 2" HOPE CONDUIT INCL TRACER WIRE-DAKOTA COUNTY as furnish
and install bid items . Dakota County has chosen to furnish materials for the fiber
interconnect . The Engineer has determined that bid items : 2565 .602 SPLICE VAULT,
2565 .603 2 " HOPE CONDUIT INCL TRACER WIRE, 2565 .602 SPLICE VAULT-
DAKOTA COUNTY, and 2565.603 2" HOPE CONDUIT INCL TRACER WIRE-
DAKOTA COUNTY are no longer applicable .
The Engineer has also determined an additional 2 " HOPE conduit, furnished by Dakota
County, shall be installed joint trench with the work listed under Part 6 and Part 7 of the
Statement of Estimated Quantities.
The Engineer has determined the Contract needs to be revised in accordance with
specification 1402. 1 Alteration of Work.
Resolution :
1. Bid items to be omitted from contract:
2565.602 SPLICE VAULT
2565. 603 2 " HOPE CONDUIT INCL TRACER WIRE
2565.602 SPLICE VAULT-DAKOTA COUNTY
2565.603 2 " HOPE CONDUIT INCL TRACER WIRE-DAKOTA COUNTY
2 . Bid items to be added to the contract:
2565 .602 INSTALL SPLICE VAULT
2565.603 INSTALL 2" HOPE CONDUIT INCL TRACER WIRE
2565.603 INSTALL 2 " HOPE CONDUIT -(ADDITIONAL CONDUIT)
Page 1 of 3
m ·1 STATE AID FOR LOCAL TRANSPORTATION Rev . Fe bruary 2018
I SA P I 186-103-017 I MN Project No.: I I Change Order No. j 1
2565.602 INSTALL SPLICE VAULT-DAKOTA COUNTY
2565.603 INSTALL 2 " HOPE CONDUIT INCL TRACER WIRE-DAKOTA
COUNTY
2565.603 INSTALL 2 " HOPE CONDUIT-DAKOTA COUNTY (ADDITIO NAL
CONDUIT)
3. Payment for this work will be at Negotiated Unit Prices as provided in Mn DOT
Specification 1904 , as shown in the estimate of cost.
4 This Change Order covers the known and anticipated costs and contract time
adjustment (if any) attributable to the work covered by this Change Order. If the
Contractor incurs unknown and unanticipated additional work that affects costs or
impacts the critical path, the Contractor reserves the right to request an
adjustment to the Contract amount or contract time in accordance with MnDOT
1402 .
Estimate Of Cost: (/11(,/11(/c ,1ny /I/Cit :1sos <JI (/('('/(.,c/:.0(.,~ 111 Wll/rar:t 1tc•111, any 11e9u/1i1/e (/ nr for cu UCCUWI/ 1/e111s )
**G roup / + or-+ or-
funding Item No. Description Unit Unit Price Quant ity Amount$ Category
2565 .602 SPLICE VAULT EA $3 ,800 .00 -2.0 -$7,600 .00 -
I 2565 .603 2" HOPE CONDUIT INCL TRACER WIRE LIN FT $4 .50 I -1097 .0 -$4 ,936 .50
2565 .602 SPLICE VAULT -DAKOTA COUNTY EA $3 ,900 .00 -8.0 -$31 ,200 .00
2565 .603 2" HOPE CONDUIT INCL TRACER WIRE LIN FT $5 .00 -6118 .0 -$30 ,590 .00 -DAKOTA COUNTY
~ I 2565 602 INSTALL SPLICE VAULT EA $2 ,250 .00 I 2 $4 ,500 .00
I 2s65 .6o3 INSTALL 2" HOPE CONDUIT INCL LIN FT $4 .40 1 100 $4,840.00
I TRACER WIRE
2565 .603 INSTALL 2" HOPE CONDUIT LIN FT $3 .50 1,100 $3 ,850 .00
I (ADDITIONAL CONDUIT)
2565 602 j INSTALL SPLICE VAULT -DAKOTA I EA $2,250 .00 5 $11 ,250 .00 COUNTY
2565 .603 INSTALL 2" HOPE CONDUIT INCL LIN FT $4 .93 6,200 $30,566 .00 TRACER WIRE-DAKOTA COUNTY
,__
INSTALL 2" HOPE CONDUIT -DAKOTA I 2565 ·603 I COUNTY (ADDITIONAL CONDUIT) LIN FT $3 .50 6 ,200 $21,700 .00
Net Cha nge this C hange Ord er $2 ,379 .50
Pa ge 2 of 3
..
I
ffll STATE AID FOR LOCAL TRANSPORTATION Rev . February 2018
-.. ··-·-. -·--------.. •-·•--·-• -•-·-·---·••·-·· ---·--·------. ---==~-------------~------------
I SAP I 186-103-017 I MN Project No .: ! I Change Order No . 1 1
.,.Group/funding category Is required for federal aid projects
(X) Is NOT changed ) May be revised as provided in MnDOT Specification 1806
( ) Is Increased by __ Work ing Days ( ) Is Increased by __ Calendar Days
( ) Is Decreased by __ Workin ( ) Is Decreased by __ Calendar Days
Date : 1-'2-'f-I 1
Phone : 9'5'2--9115~-Z.."f CfO
Approved by Contractor: _M ____ cf .... 1. ... ',, __ •""---'--·-· __ • ___,G_..-• 1 ___ !_,;::-1----I-• .... 'j1-------Date : .:.) 1 -)). · '9
PrintName: :1,·r,,k ,1 \\rJ\rr l,, --~ Phone : 6 1). I •v ?;; I I
DSAE Portion: The State of Minnesota is not a part icipant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules/Policy . Eligibility does not guarantee funds will be available .
Th is wo rk is el igible for : _ Federal Fund ing _ State A id Fund ing Local funds
D istrict State A id Eng inee r : ______________ Date : ____ _
Page 3 of 3
ffll STATE AID FOR LOCAL TRANSPORTATION
,~!~"s',':,N!~.~,. CHANGE ORDER
I SAP I 186-103-017 I MN Project No.: I
Rev. February 2018
I Change Order No. I 2
_P~jec~ Location · ~hnny C~dge Ro~~pple Valley , MN -----~~--~
. Local Agency i City of Apple Valley -----+Local Project No..:.. 2017-109
;C ontracto r ·--_ 1 McNamara Contracting I Contract No . ,_1_6_1_7_4-09_1 ____ ___,
Address/City/State/Zip J 16700 Chipp~ndale Ave, Rosemount , MN 55068
I Total Change Order Amount$ $15,400 .00
The Contractor encountered two 08-1 loop detectors, 2 " conduit, and handhole 9 at STA
156+00 that conflict with proposed storm sewer installation from MH5093 to MH5094 . The
Contractor while performing curb removals at STA 100+00 encountered two 01-1 and two 01-2
loop detectors that conflict with proposed ADA improvements at STA 100+00.
The Engineer has determined the Contract needs to be revised in accordance with specification
1402 . 5 Extra Work .
In accordance with the terms of this Contract, you are hereby authorized and instructed to
perform the work as altered by the following provisions .
1. The Engineer has determined the Contractor shall remove and replace the two 08-1
loop detectors, 2 " conduit, and handhole at STA 156+00 that are in conflict with
proposed storm sewer installation .
2 . The Engineer has determined the Contractor shall remove and replace the two 01-1
loop detectors and two 01-2 loop detectors at STA 100+00 that are in conflict with
proposed ADA improvements.
3. The Contractor shall provide all materials, equipment, and labor to complete the work as
determined by the Engineer. All work shall be done in accordance with the applicable
specifications .
3 . Payment for this work will be at a Negotiated Lump Sum Price under Item 2665 .501
Revise Signal Systems as provided in MnDOT Specification 1904, and as shown in the
estimate of cost.
4. This Change Order covers the known and anticipated costs and contract time
adjustment (if any) attributable to the work covered by this Change Order. This work in
not expected to become or affect the Controlling operation . Contract time will not be
altered as a result of this work except as provided in MnDOT Specification 1806.
Page 1 of 2
ffl1 ST ATE AID FOR LOCAL TRANSPORTAT ION
r!~~~·.':,ir,~~/~,rtl CHANGE ORDER
Rev. February 201 8
ISAP I 186-103-017 I MN Project No.: I I Change Order No . I 2
Estimate Of Cost: (Include any increases or decreases in contract items , any negotiated or force account items.)
'*Group/ + or-+ or-
funding Item No. Description Unit Unit Price Quantity Amount$ Category
2565.501 Revise Signal Systems LS $15,400.00 1 $15 ,400 .00
Net Change this Change Order $15,400.00
**Group/funding category is required for federal aid proj ects
(X) Is NOT changed ( ) May be revised as provided in MnDOT Specification 1806
( ) Is Increased by __ Working Days ( ) Is Increased by __ Calendar Days
( ) Is Decreased by __ Worki ( ) Is Decreased by __ Calendar Days
Date: \c/c, /\9
Print Name: .i;:::i~~~_r:~~~~~-.z:----d---r---Phone: 9'52-95~-2'fCJC
Approved by Contractor: -=-~4-=~---1---.,£...~:........:..!~-----Date: ( 0 IP} (rq
Print Name: Phone: f r;/-3it · 5 s OO
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available.
This work is elig ible for: _ Federal Funding _ State Aid Fund ing Local funds
District State Aid Engineer: _______________ Date: ____ _
Page 2 of 2
I T E M: 4.Y.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 1 to A greement with Ryan Contracting Company for Project 2019-
109, 147th S treet and J ohnny Cake Ridge Road I ntersection I mprovements
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 1 to the agreement with Ryan C ontracting C ompany, for Project
2019-109, 147th Street and J ohnny Cake Ridge Road Intersection Improvements, by adding
the amount of $72,841.00.
S UM M ARY:
Attached for consideration is C hange Order No. 1 that addresses requested changes to the
construction documents. A brief description of the change order is as follows:
T he change order addresses the additional work and material cost associated with:
1. Lowering the proposed storm sewer to accommodate final plan changes to the proposed
storm water basin required on the Menards Site Plan approval.
2. Lowering of existing 16” watermain due to lowering of storm sewer.
3. Removing a portion of the proposed sanitary sewer pipe along J ohnny C ake Ridge
Road from the scope of work.
T he total is $72,841.00. T he cost associated with this change reflects fair market value for
the work and materials.
B AC K G RO UND:
In 2017, the C ity received a $250,000 Redevelopment Incentive Grant (RIG) from the
Dakota C ounty C ommunity Development Agency (C D A), which will be used for the 147th
Street and J ohnny C ake Ridge Road Intersection Improvements associated with the
agreement. T he grant agreement requires that the funds be spent by November 2019.
At the November 15, 2018, C ity C ouncil meeting the following items were approved as they
relate to the redevelopment of the Hanson Property:
1. Approve Preliminary Plan Development Agreement with Menards, Inc.
2. Approve Design Agreement with Menards, Inc., for Design Services of Public
Infrastructure.
3. Adopt Resolution Approving Re-designation of Lot 1, Block 1, Menards at Hanson
Concrete Preliminary Plat from "IN D" (Industrial) to "C " (Commercial) on 2030
Comprehensive Plan Land Use Map.
4. Pass Ordinance Rezoning Lots I and 2, Block 1, and Outlots A-D, Menards at Hanson
Concrete, Preliminary Plat from "I-2" (General Industrial) to "PD " (Planned
Development).
5. Pass Planned Development Ordinance C odifying the Uses, Performance Standards, and
Area Requirements for the Planned Development (Recommend waiving second
reading).
6. Adopt Resolution Approving Preliminary Plat.
7. Adopt Resolution Approving Site Plan/Building Permit A uthorization to Allow for
Construction of 206,209-Sq. Ft. Menards Store and 48,970-Sq. Ft. Warehouse on Lot
1, Block 1, Menards at Hanson Concrete.
On May 9, 2019, C ity C ouncil Approved Waiver of Objection to Special Assessments with
Menards, Inc. for C onstruction of Public Infrastructure Relating to the Proposed Menards at
Hanson Concrete Redevelopment.
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal C ontroller
Cabinet and C ontroller Unit in the amount of $26,945.90 from Traffic C ontrol Corporation,
contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc.,
for construction of public infrastructure relating to the proposed Menards at Hanson C oncrete
Redevelopment Public Improvements, C ity Project Number 2019-109.
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal System
Materials and Electrical Equipment in the amount of $63,441.00 from Millerbend
Manufacturing, contingent on execution of Waiver of Objection to Special Assessments with
Menards, Inc., for construction of public infrastructure relating to the proposed Menards at
Hanson Concrete Redevelopment Public Improvements, C ity Project Number 2019-109.
On J une 13, 2019, C ity C ouncil adopted resolution 2019-79, Approving Plans and
Specifications and Directing Receipt of sealed bids for Project 2019-109, 147th Street and
J ohnny Cake Ridge Road Intersection Improvements.
On J uly 25, 2019, C ity Council adopted Resolution 2019-60, awarding agreement for Project
2019-109, 147th Street and J ohnny C ake Ridge Road Intersection Improvements, to Ryan
Contracting Company, in the amount of $2,590,023.00.
B UD G E T I M PAC T:
Project costs and funding are summarized as follows:
Estimated Project C osts: Awarded Costs Contract Costs
C onstruction Cost $ 2,590,023.00 $ 2,590,023.00
C onstruction Contingency
C hange Order No. 1
259,002.30 186,161.30
72,841.00
Engineering Design, C ontract Admin
(25%)
647,505.75 647,505.75
Total Estimated C ost $ 3,496,531.05 $ 3,496,531.05
Estimated Project Funding
Developer (Menard’s)$ 3,145,677.95 $ 3,145,677.95
Trail Escrow (Abdallah Candies)16,000.00 16,000.00
C ommunity Development Agency Grant
(C D A)
250,000.00 250,000.00
C ity Cost - Turn Lane on J C RR North
of 147th Street (Municipal State Aid
Funds)
84,853.10 84,853.10
Total Estimated Funding $ 3,496,531.05 $ 3,496,531.05
All C hange O rder No. 1 costs are to be paid by the Developer and are included in the
contingency as part of Waiver of Objection to Special Assessments executed on J uly 25,
2019.
AT TAC HM E NT S :
Change Order Document(s)
i
••• ! •••••••°-;Owner: City of Apple Valley. 7100 W. 147th St., Apple Valley , MN 55124 Date Jul y 3l.2019 .... [
••, • Contractor: Ryan Contracting Co., 26480 France Ave. PO Box 246, Elko N ew Market, MN 55020 Apne ,
I"' valle,).Bond Company: Arch Insurance Company 1-Iarborside 3 21 O
.J i I-Judson Street, Su it e 300. Jersey City . NJ 07311-1107
CHANGE ORDER NO. I
147th Street and Johnny Cake Ridge Road Intersection Improvements
CITY PROJECT NO.20 I 9-109 S.A.P. # I 86-103-018
Bond No:
1144696
The following items are deemed to be necessary to comp lete the project according to the intended design. In accordance with the terms of this
Contract, the Contractor is hereby authorized and instructed to perform the work as altered by the follow in g provisions.
Description of Work
The proposed sanitary sewer pipe and structures were removed from the project scope. The storm sewer was lowered to accommodate additional
drainage, causing deeper storm sewe r structures , storm sewer pipe and lowering of the watermain.
No.
37
40
41
4 I A
46
47
48
77
78
79
79A
80
82
Item
CHANGE ORDER NO. I
PART 2 -STORM AND STREET
15" RC PIPE SEWER DES 3006 CL V
27" RC PIPE SEWER DES 3006 CL III
33" RC PIPE SEWER DES 3006 CL III
33" RC PIPE SEWER DES 3006 CL III -PRICE
ADJUSTMENT
CONST DRAINAGE STRUCTURE DES 2X3
CONST DRAINAGE STRUCTURE DES 48-4020
CONST DRAINAGE STRUTCURE DES 60-4020
TOTAL PART 2 -STORM AND STREET
PART 3-SANITARY SEWER
I0"x4" PVC WYE
4" PVC PIPE SEWER SCH 40
10" PVC PIPE SEWER (SOR 35)
8" PVC PIPE SEWER (SDR 35)
CASTING ASSEMBLY R-1642
48" SANITARY MANHOLE
20 19-1 09 Change Order No I.xis
Unit
LF
LF
LF
LF
LF
LF
LF
EA
LF
LF
LF
EA
LF
Change Order Unit Total
Quantity Price Amount
-30 $52.00 ($1 ,560 .00)
8 $85.00 $680.00
-26 $115.00 ($2 ,990.00)
IOI $45.00 $4,545.00
4.2 $300.00 $1 ,260.00
0.8 $300.00 $240.00
14.8 $500 .00 $7,400.00
$9,575.00
-I $500.00 ($500.00)
-24 $50.00 ($1,200.00)
-381 $60.00 ($22,860.00)
27 $58.00 $1,566.00
-I $800.00 ($800 .00)
-12 $400.00 ($4,800.00)
No.
83
84
86A
87
87A
Item
TOTAL PART 3-SANITARY SEWER
PART 4-WATERMAIN
DUCTILE IRON FITTINGS
CONNECT TO EX ISTI NG WATER MAIN
8" GATE VALVE AND BOX
16" WATERMAIN DUCTILE IRON CL 52
8" WATERMAIN DUCTILE IRON CL 52
TOTAL PART 4-WATERMAIN
TOTAL PART 2 -STORM AND STREET
TOTAL PART 3 -SANITARY SEWER
TOTAL PART 4-WATERMAIN
TOTAL
2019-109 Change Order No I.xis
Unit
LB
EA
EA
LF
LF
Change Order
Quantity
1056
5
84
47
Un it
Price
$10.00
$12 ,000.00
$4,0 00.00
$150.00
$100 .00
Total
Amount
($28,594.00)
$10 ,560.00
$60,000.00
$4,000 .00
$12 ,600.00
$4,700.00
$91,860.00
$9,575.00
($28,594.00)
$91,860.00
$72,841.00
Original Contract Amount
Previous Change Orders
This Change Order
Revised Contract Amount (including this change order)
$2,590,023.00
$0.00
$72,841 .00
$2 ,662 ,864.00
CHANGE IN CONTRACT TIMES
Original Contract Times:
Substantial Completion (days or date):
Ready for final Payment (days or date):
Increase of this Change Order:
Substantial Completion (days or date):
Ready for final Payment (days or date):
Contract Time with all approved Change Orders:
Substantial Completion (days or date):
Ready for final Payment (days or date):
Approved by Contractor:
Tom Ryan , Presiden
Date
/Dlol es
Approved By Public Works
CIT APPLE VALLEY
Bra don Anderson , City Engineer
lbl~h1
cc: Contractor
Bonding Company
20 I 9-109 Change Order No I .xi s
Approved by Owner:
10/31/2019
11/22/2019
None
0
0
10/31/2019
11/22/2019
CITY OF APPLE VALLEY
Mary Hamann-Roland, Mayor
Date
Attest: Pamela J. Gackstetter, City Clerk
Date
I T E M: 4.Z.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 1 to A greement with Cobalt Companies for Project 2019-129, 2019
Fence & L ight Pole Reconditioning S ervices, and A pprove Acceptance and Final P ayment
S taff Contact:
Michael Glewwe, P ublic Works S uperintendent - Streets
Department / Division:
S treets Division
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 1 to agreement with Cobalt Companies for a deduction of
$2,000.00; and accept Project 2019-129, 2019 Fence & Light Pole Reconditioning Services
as complete and authorize final payment in the amount of $49,199.00.
S UM M ARY:
Cobalt C ompanies has requested final payment for reconditioning and painting service on
fence along Pennock Avenue and light poles along 153rd Street and Garrett Avenue. T his is
the first and final payment request. T he contractor has completed all work per the
agreement. T he improvements have been inspected and found to be acceptable for final
payment.
Change Order No. 1 for a $2,000.00 deduction is due to no fence post caps being replaced.
B AC K G RO UND:
On J une 13, 2019, C ity C ouncil approved an agreement with C obalt C ompanies in the
amount of $51,199.00 for services to recondition and paint Ring Route fence and light poles.
B UD G E T I M PAC T:
Funds for this project are included in the 2019 operating budgets for the Public Works
Streets Division.
AT TAC HM E NT S :
Change Order Document(s)
F inal Pay Documents
I T E M: 4.A A.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Acceptance and Final P ayment on Agreement with S tandard Contracting, I nc., for
P roject 2018-133, Cobblestone Manor (A L -P 3) S tormwater I mprovements for Alimagnet L ake
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on the agreement with Standard Contracting,
Incorporated, for Project 2018-133, C obblestone Manor (A L-P3) Stormwater Improvements
for Alimagnet Lake, in the amount of $15,779.39 for a contract total of $337,048.26.
S UM M ARY:
Attached please find the third and final payment for Project 2018-133, Cobblestone Manor
(A L-P3) Stormwater Improvements for A limagnet Lake. All public improvements associated
with the project are complete and in acceptable condition to become public infrastructure of
the C ity. T his final payment of $15,779.39, will close the agreement with Standard
Contracting, Incorporated, and result in a total construction cost of $337,048.26.
Final project expenses are $100,621.34 over the project budget of $287,500.00.
B AC K G RO UND:
City 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.
On March 28, 2019, the City C ouncil adopted Resolution 2019-42, approving plans and
specifications and directing receipt of sealed bids for Project 2018-133, C obblestone Manor
(A L-P3) Stormwater Improvements for Alimagnet Lake.
On May 9, 2019, the C ity C ouncil adopted Resolution 2019-65, awarding agreement for
Project 2018-133, C obblestone Manor (A L-P3) Stormwater Improvements for Alimagnet
Lake, to Standard Contracting Incorporated, in the amount of $204,019.72.
On September 12, 2019, the C ity C ouncil approved C hange O rder No. 1 to agreement with
Standard C ontracting, Incorporated, for Project 2018-133, C obblestone Manor (A L-P3)
Stormwater Improvements for Alimagnet Lake.
B UD G E T I M PAC T:
Final cost breakdown and funding for the project is summarized below.
Estimated Project C osts: Awarded Costs Final Costs
C onstruction Cost $ 204,019.72 $ 337,048.26
C ontingency 43,480.28
Engineering, C ontract Admin, Inspection,
Testing, & Survey
40,000.00
Total Estimated C ost 51,073.08
$ 287,500.00 $ 388,121.34
Estimated Project Funding
C lean Water Fund Grant
Storm Sewer Utility (Sediment Removal)
$ 74,500.00
90,000.00
$ 90,000.00
Storm Sewer Utility 123,000.00 298,121.34
Total Estimated Funding $ 287,500.00 $ 388,121.31
AT TAC HM E NT S :
F inal Pay Documents
. .... .
••• •••• ••••• •••• •••
ApP-le ll Va ey
SUM MA RY
Owner : City of A ppl e Val ley , 7 100 W . 147th S t., App le Vall ey, MN 55 124
Fo r Period : Fi nal P ayme nt
Co ntracto r : Stan dard Co nt ract in g In c PO BOX 250 Ham pton, MN 5503 1
CONTRACTOR'S REQUE ST FOR PAYMENT
Co bbl estone Manor (AL-P 3) Storm wate r Imp roveme nt s for A lim agnet Lake
Project Fi le No. 20 18-133
Origin a l Co nt ract A mount
Date :
Reques t No :
$
2 Change Ord er - Ad d ition $ 133 ,594 .75
3 Change Order -De du ctio n $ 0 .00
4 Re vise d Co nt ract Am ount $
5 Val ue Com pl e te d to Date $
6 Mate ri a l on Ha nd $
7 Amo un t Ea rn e d $
8 Le ss Retai nage 5% $
9 S ubtota l $
IO Less Amount Paid Previous ly $
I I Liq uidated da mages -$
12 AMOUNT DUE T HI S REQUEST FOR PAYMENT NO . 3 $
Ap proved by Contractor :
October 8 , 20 19
3
$2 12,484.00
$346,078 .75
$33 7,048 .26
$0.00
$33 7,048 .26
$0.00
$32 1,268.87
$32 I ,268 .87
$0.00
$15,77 9.39
Stag:;::;,/4dv,½
Br do n S Anderson , C ity Engin eer
,ofu/19
Date
Spec ifi ed Co ntract Compl eti o n Date :
Date
201 8-133 Fin al Payment
Mary Hamann-Roland, Mayor
Attest: Pamela J. Gackstetter, City Clerk
Date
Contract Unit Previo us C urre nt Qu a ntity A m o unt
No.
It em Unit ua ntit Pri ce Q ua ntity Qu a ntity T o Da te To Date
MOBILIZATION LUMP SUM 6,596.00 1.00 0 .00 1.00 $ 6,596 .00
TRAFFIC CONTRO L LUMP SUM 300.00 1.00 0 .00 1.00 $ 300.00
POND DEWATER ING LUMP SUM 3,525.00 1.00 0 .00 1.00 $ 3,525 .00
4 CLEARING TREE 35 175.00 35.00 0.00 35 .00 $ 6,125 .00
GRUBBING TREE 35 90.00 35.00 0.00 35 .00 $ 3,150.00
SALVAGE AND RE I NSTALL SIGN EACH 100.00 2.00 000 2 .00 $ 200.00
REMOVE AND RE PLACE CURB AND GUTTER LIN FT 20 110.00 25.00 0.00 25 .00 $ 2,750.00
REMOVE BITUMINOUS PAVEMENT SQ YD 25 15.00 25.00 000 25 .00 $ 375 .00
MUCK EXCAVATION (LV) · MANAGEMENT LEVEL 3 CUYD B80 44.00 880.00 000 880 .00 $ 38 ,720 .00
10 COMMON EXCAVATION (EV) (P) CUYD 2 ,050 14.75 2,050.00 0 .00 2050 .00 $ 30,237 .50
11 CLAY POND LINER (CV) CUYD 370 55.00 370.00 000 370.00 $ 20,350.00
12 REMOVE 12" HD PE STORM SEWER LIN FT 38 18.50 38.00 000 38.00 $ 703 .00
13 REMOVE 12" RCP STORM SEWER LIN FT 48 41.75 48.00 0 .00 48.00 $ 2,004 .00
14 REMOVE 18" RCP STORM SEWER LIN FT 71 3S.OO 39.1145 00000 39.11 $ 1,3 69.0 1
15 REMOVE MANHOLE OR CATCH BASIN INCL CASTING EACH 42S .OO 2.00 0 .00 2.00 $ 850.00
16 REMOVE FLARED END SECTION EACH 7S .OO 2.00 000 2 .00 $ 15 0 .00
17 12" RC PIPE SEWER CLASS S LIN FT 81 S4.00 8 1.00 0 .00 81.00 $ 4,374.00
18 24" RC PIPE SEWER CLASS 4 LIN FT 206 76.00 206.00 000 206.00 $ 15,656.00
19 27" RC PIPE SEWER CLASS 3 LIN FT 27 87.50 27.00 0.00 27 .00 $ 2,362.50
20 4 ' DIA STO RM M H, 8 ' DEEP, INCL R-1642 CSTG AND HDPE ADJ RINGS EACH 2.00 3,9SO.OO 2.00 0.00 2.00 $ 7,900.00
S' DIA STO RM CBMH WITH SUMP, 8' DEEP, INCL R-3290-VB CSTG AND HDPE
21 ADJ RINGS EACH 6,000 .00 1.00 000 1.00 $ 6,000 .00
22 S' DIA STORM MH, 8' DEEP , INCL R-1642 CSTG AND HOPE ADJ RINGS EACH 6,0S0 .00 1.00 0.00 1.00 $ 6,050.00
23 4 ' STORM MANHOLE OVE RDEPTH LIN FT 600.00 3.00 0 .00 3.00 $ 1,8 00.00
24 SKIMMER STR UCTURE EACH 4,040.00 1.00 0.00 1.00 $ 4 ,040.00
25 12" FLARED END SECTION W/ TRASH GUARD EACH 1,43S.OO 1.00 000 1.00 $ 1,435 .00
26 27" FLARED E ND SECTION W/ TRASH GUARD EACH 2,78S .OO 1.00 0 .00 1.00 $ 2,785 .00
27 RANDOM RI P RAP, CLASS Ill CU YD 14 120.00 14.00 0 .00 14 .00 $ 1,680.00
28 CONNECT TO EXISTING PIPE EACH 420.00 3.00 000 3.00 $ 1,260 .00
29 AGGREGATE BASE CLASS S TON 13 38.00 13.00 0 .00 13 .00 $ 494 .00
30 BITUMINOUS MATERIAL FOR TACK COAT GAL 44.00 2.00 0 .00 2.00 $ 88 .00
31 TYPE SPWEA330C WEAR 2" TH ICK TON 22S.OO 7.00 0.00 7.00 $ 1,575 .00
32 ADJUST MANHO LE EACH 210.00 4 .00 0 .00 4 .00 $ 840.00
33 ADJUST CATCH BAS IN EACH 31S.OO 2.00 000 2.00 $ 630.00
34 DECIDUOUS TRE E 2" CAL B&B TREE 615.00 7.00 0 .00 7.00 $ 4 ,305.00
35 CONIFEROUS TREE 6' HT B&B TREE 540 .00 6.00 0 .00 6 .00 $ 3,240.00
36 DECIDUOUS SHRUB NO 5 CONT EACH 32 61.00 32.00 0.00 32.00 $ 1,952 .00
37 STORM DRAIN INLET PRO TECTION EACH 6 155.00 12.00 -6.00 6 .00 $ 930.00
3B SANDY CLAY LOAM TOPSO IL BORROW (LV) CUYD 46 58.50 46.00 0 .00 46.00 $ 2,691.00
39 COMPOST GRADE 2 (LV) CUYD 46 41.25 46.00 0 .00 46.00 $ 1,897 .50
2018-133 Final Payment
Contract
No.
Item Unit uantit
40 TURF ESTABLIS HMENT LUMP SUM
SEEDING WITH MNDOT 25-151 SEED MIXTURE, FERTILIZER TYPE 3, AND
41 CATEGORY 3N BLANKET SQYD 1.650
SEEDING WITH MNDOT 35 -24 1 SEED MIXTURE , FERTILIZER TYPE 3, AND
42 CATEGORY 3N BLANKET SQYD 1.350
43 STREET SW EEPER (WITH PICKUP BROOM) HOUR
TOTAL BASE BID
CHANGE ORDER 1
MUCK EXCAVATION (LV) -MANAGEMENT LEVEL 3 CY 2 ,868
38 SANDY CLAY LOAM TOPSOIL BORROW (LV) CY 59
39 COMPOST GRADE 2 CY 29
46 SOI L CO NTAMINATION TESTING LS
TOTAL CHANGE ORDER 1
TOTAL BASE BID
TOTAL CHANGE ORDER 1
TOTAL
2018-133 FW"lal Payment
Unit Previous C urrent
Price Quantity Quantity
s.1so.oo 1.00 0 .00
1.82 1,650.00 000
1.86 1,350.00 0 .00
160.00 5.00 000
44 .00 2,8 68 .00 0 .00
58.50 59.00 0 .00
41.25 29.00 000
2,755 .00 1.00 000
Quantity
To Date
1.00 $
1650 .00 $
13 50.00 $
5.00 $
2868 .00 $
59.00 $
29.00 $
1.00 $
Amoun t
To Date
5,750.00
3,003 .00
2,511.00
800.00
$203 ,453 .5 I
126,192 .00
3,451.50
1,196.25
2,755 .00
$133 ,594 .75
$203,453 .51
$133 ,594 .75
$337,048 .26
.,. ..
PROJECT PAYMENT STATUS
O WN ER CITY OF APPL E VA LLEY
Proj ec tFile N o . 2018 -133
CONTRACTOR Sta nd a rd Co ntractin g In c
CHANG E ORDERS
N o. D t a e D . f escnp ion A mo un
I 9/12/20 19 CO I $133 ,594.75
Tota l Cha nge Orders $133 ,594 .75
PAYMENT SUMMARY
N o. F rom T 0 p ay ment R etamage C omp ete d
1 07/14/201 9 08/14/19 $7 1,047 .65 $3 ,739 .35 $74 ,787 .00
2 08 /15/2 01 9 09/18/19 $25 0 ,22 1.22 $16,908 .89 $33 8,177 .76
Material on Hand
Tota l Payme nt t o Date $32 1,268 .87 Or igin a l Co nt ract $2 12 ,484.00
Reta in age Pay No. 3 Change Orde rs $133 ,594 .75
Tota l Amo unt Ea rn ed $3 37,048 .26 Rev ise d Co ntr act $346 ,078.75
20 18-133 Final Paym ent
I T E M: 4.A B.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove A cceptance and F inal Payment on A greement with Certified Recycling, L L C, for City of
A pple Valley Residential F all Clean-Up Day (A ppliance, Scrap Metal, and Mattress Collection)
S taff Contact:
Charles Grawe, A ssistant City A dministrator
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on agreement with Certified Recycling, LLC , for
City of Apple Valley Residential Fall C lean-Up D ay (A ppliance, Scrap Metal, and Mattress
Collection) in the amount of $1,380.
S UM M ARY:
T he C ity conducts an annual Fall Clean-up Day, offering residents to dispose of larger refuse
and recyclable items at a centralized location for a reasonable fee. T he City contracts for
haulers to take the refuse and recyclables.
T he final cost of the recycling from the event was $1,380.
B AC K G RO UND:
At this year's event, the following were collected: 40 appliances; 1.85 tons of scrap metal;
and 36 mattresses and box springs.
Staff recommends the C ouncil approve acceptance and final payment in the amount of
$1,380.00.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
F inal Pay Documents
I nvoice
I T E M: 4.A C.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Acceptance and Final P ayment on Agreement with L ightning Disposal, I nc.,
for Residential Fall Clean-up Day (F urniture and Remodeling Debris Collection)
S taff Contact:
Charles Grawe, A ssistant City A dministrator
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on agreement with Lightning Disposal, Inc.,
f o r Residential Fall C lean-up Day (Furniture and Remodeling Debris Collection) in the
amount of $3,713.55.
S UM M ARY:
T he C ity conducts an annual Fall Clean-up Day, offering residents to dispose of larger refuse
and recyclable items at a centralized location for a reasonable fee. T he City contracts for
haulers to take the refuse and recyclables.
T he final cost of the refuse disposal is $3,713.5.
B AC K G RO UND:
At this years event, 10.69 tons of refuse was collected.
Staff recommends the C ouncil approve acceptance and final payment in the amount of
$3,713.55
B UD G E T I M PAC T:
Staff attempts to price disposal of items such that the event has no cost impact on the C ity.
However, due to variations in weight, volume, and contractor pricing, the event typically
either makes a small profit or operates at a small loss. T his year's revenues exceeded
disposal costs.
AT TAC HM E NT S :
F inal Pay Documents
I nvoice
I T E M: 4.A D.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving 2020 City Contribution toward Employee Group I nsurance
S taff Contact:
Melissa Haas, Human Resources Manager
Department / Division:
Human Resources Division
AC T I O N RE Q UE S T E D:
Adopt the resolution approving the 2020 City maximum monthly contribution toward group
insurance for eligible unrepresented employees and elected officials.
S UM M ARY:
Staff recommends establishing the following maximum monthly contribution for eligible
unrepresented employees and elected officials in 2020:
$950 per month for employees enrolled in a copay health plan (+$10 from 2019)
$1,365 per month for employees enrolled in a deductible health plan (+$80 from 2019)
Additional $80 per month contribution to the HRA or HSA of participants in a
deductible health plan (no change from 2019)
B AC K G RO UND:
T he C ity of A pple Valley currently provides group medical, dental, and life insurance to
employees in full-time positions designated in the Pay and Benefit Plan and elected officials.
T he C ity makes a maximum monthly contribution toward the selected benefits for eligible
employees. An additional incentive contribution of $80 per month is made to the Health
Reimbursement Arrangement (HRA) or Health Savings Account (HSA) of participants
enrolled in a deductible health plan.
An open enrollment period is held each year to allow employees to make changes to certain
benefits coverage. T his year’s open enrollment period will be held November 4 – 15 for an
effective date of J anuary 1, 2020. In order for employees to make the best-informed decision
during the open enrollment period, it is beneficial to communicate the monthly City
contribution in advance.
T he C ity is a member of the LO G IS health care consortium. In 2016, the consortium
solicited competitive bids for group health insurance and selected HealthPartners as the
carrier beginning in 2017. T he consortium's contract with HealthPartners includes rate caps
through 2021. T he rates for the selected plans have been released from LO G IS. For 2020,
the C ity will remain in Band D within the consortium and our rates will increase by
approximately 13.5%. T his comprises the 11% rate cap as well as the effect of a reinstated
federal premium tax. (You may recall that in 2019, the tax was suspended, and
HealthPartners passed the reduction along to customers, resulting in our approximately 7.5%
increase instead of the rate cap of 10%.) Without the rate cap in place in 2020, the renewal
increase would be 39% based on the claims experience of the LO G IS pool.
For 2020, the C ity will continue to offer the same types of health plan options: a copay plan
and two types of deductible plans. One type of deductible plan coordinates with a Health
Reimbursement Arrangement (HRA), and the other type of deductible plan coordinates with a
Health Savings Account (HSA ). Currently, 91% of eligible City employees participate in a
deductible health plan. Preventive care is encouraged and promoted for all covered
employees. Preventive health care is 100% covered with no deductible or copayment under
all of the C ity’s health plan options. Two network options will also remain available: Open
Access (most MN providers) and Perform (open access network excluding Mayo health
systems).
For 2020, the IRS has indexed the HS A embedded deductible requirement. On the C ity’s
lowest deductible HS A plan, the deductible will move from the current $2700
individual/$5400 family to $2800 individual/$5600 family.
T he C ity's dental plan will remain with HealthPartners Dental, and rates will not increase for
2020.
Life insurance will remain with Sun Life, and rates will not increase for 2020. T he current
$5,000 Child life insurance benefit is being eliminated in 2020, and a new $15,000 benefit
level will be offered along with the current $10,000 benefit level.
T he C ity will offer employees several opportunities to learn more about group insurance plan
options during the open enrollment period, including group sessions and individual meetings.
B UD G E T I M PAC T:
T he recommended C ity contribution results in approximately an equivalent sharing of the
average overall health plan premium increase between the C ity and employees in a
deductible plan. T his amount is consistent with the 2020 proposed budget.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION ESTABLISHING THE CITY CONTRIBUTION TOWARD GROUP
INSURANCE FOR ELIGIBLE EMPLOYEES COVERED BY THE PAY AND BENEFIT
PLAN AND ELECTED OFFICIALS.
WHEREAS, the City offers group medical, dental, basic life and supplemental life
insurance to eligible unrepresented employees and elected officials; and
WHEREAS, in preparation for the annual open enrollment period and meetings
scheduled to begin in November 2019, it is desirable to establish the City provided benefit
amount effective for January 1, 2020.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Apple
Valley, Dakota County, Minnesota, hereby approves a maximum monthly contribution of:
• $950 per month toward group health, dental, and life insurance for eligible
unrepresented employees and elected officials covered by the Pay and Benefit plan
who are enrolled in a City-sponsored copay health plan in 2020; and
• $1,365 per month toward group health, dental, and life insurance for eligible
unrepresented employees and elected officials covered by the Pay and Benefit plan
who are enrolled in a City-sponsored deductible health plan in 2020, and an
additional $80 per month contribution to the City-sponsored HRA or HSA of those
enrollees in such deductible health plan.
ADOPTED this 24th day of October, 2019.
_____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.A E.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A mending 2019 Pay and Benefit Plan
S taff Contact:
Melissa Haas, Human Resources Manager
Department / Division:
Human Resources Division
AC T I O N RE Q UE S T E D:
Adopt the resolution amending the 2019 Pay and Benefit Plan.
S UM M ARY:
Based on a review of departmental operational needs and practices, and in preparation to
recruit for a current vacancy, staff recommends amending the 2019 Pay and Benefit Plan to
provide a monthly snow operations stipend for designated exempt streets maintenance
personnel for the months of November through March.
B AC K G RO UND:
T he Public Works Department currently has a vacancy in the position of Public Works
Superintendent - Streets, which is responsible for management of the Streets Maintenance
Division. T he Superintendent is assisted in these duties by the Public Works Supervisor -
Streets.
One of the primary and most demanding functions of the Streets Maintenance Division and
its management personnel is snow and ice control. T hese employees, while exempt from
overtime compensation, often work more than the typical amount of overtime hours during the
snow and ice control season of November through March.
Previously, in order to acknowledge the increased time burden and compensate these
employees, the C ity allowed certain exempt employees to receive compensation at the
employee’s straight time hourly rate of pay or accumulate compensatory time to a maximum
of 80 hours, at straight time, for hours worked in excess of 40 hours in a work period if
related to C ity snow removal operations when such hours for snow removal occurred outside
of the normal work day.
In preparation to recruit for a replacement for the current vacancy and plan for the upcoming
snow and ice season, Public Works Director Matt Saam reviewed the current operational
needs of the department, as well as market comparison pay data from our peer cities. Human
Resources staff has reviewed the practice of hour-for-hour overtime compensation for exempt
employees and determined it not advisable to continue this practice; therefore, it has been
discontinued for any new employee since 2017.
Based on these factors, staff recommends amending the 2019 Pay and Benefit plan to provide
a monthly snow operations stipend for designated exempt streets maintenance personnel for
the months of November through March. T he recommended amount is based on staff’s
evaluation of average hours worked by these positions on snow and ice control activities
outside of the normal work day over the past three seasons.
B UD G E T I M PAC T:
Funds sufficient to accomplish the recommended changes are included in the current 2019
proposed 2020 budgets.
AT TAC HM E NT S :
Resolution
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 operational updates within the Public Works Department’s Streets Maintenance 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 monthly snow operations stipend for designated exempt streets maintenance
personnel is an amount equal to thirteen hours paid at the employee’s hourly equivalent base
pay rate for Public Works Superintendent - Streets and Public Works Supervisor - Streets.
Such stipend is payable for the months of November, December, January, February, and
March, and may be prorated in the case of an eligible employee’s leave of absence.
2. 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 24th day of October, 2019.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.A F.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove P ersonnel Report
S taff Contact:
Melissa Haas, Human Resources Manager
Department / Division:
Human Resources Division
AC T I O N RE Q UE S T E D:
Approve the personnel report.
S UM M ARY:
T he employment actions attached to this memo are recommended for City C ouncil Approval.
B AC K G RO UND:
T he City Council's approval of the Personnel Report includes the ratification of the City
Administrator's actions in carrying out the terms and conditions of the employment of the
City personnel.
B UD G E T I M PAC T:
Budgeted positions.
AT TAC HM E NT S :
Personnel Report
PERSONNEL REPORT
October 24, 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)
Kiley Braatz Hire Ice Resurfacer
Casual,
Variable Hour 5205 $ 13.75 Hourly C-06 10/21/2019
Emilie Chadelaine Hire Skating Instructor I
Casual,
Variable Hour 5205 $ 10.30 Hourly C-10 10/9/2019
Michael Glewwe
Accept
Retirement
Public Works
Superintendent
Full-Time,
Regular 1600 10/31/2019
Terry Henschel Hire Ice Resurfacer
Casual,
Variable Hour 5205 $ 13.75 Hourly C-06 10/21/2019
Lindsay Horejsi Hire Sales Clerk
Casual,
Variable Hour 5020 $ 12.00 Hourly L-1 10/2/2019
Jeff Jacques Rehire Maintenance I
Casual,
Seasonal 1600 $ 13.64 Hourly SMI 10/21/2019
Mark Kangas Hire Maintenance I
Casual,
Seasonal 5105 $ 12.52 Hourly SMI 10/14/2019
Jeffrey Lathrop
Acting
Assignment
Acting Public Works
Superintendent - Streets
Full-Time,
Regular 1600 $ 92,500.00 Annual 210E 11/1/2019
Jeffery Melville
Fire Officer
Assignment Assistant Fire Chief
Paid on Call
Volunteer 1300 $ 16.50 Hourly FIRE 11/1/2019
David Mix Promotion Maintenance Worker II
Full-Time,
Regular 1600 $ 23.15 Hourly UM2 10/26/2019
Hannah Nelson Hire Ice Guard/Concessions
Casual,
Variable Hour 5205 $ 10.30 Hourly C-01 10/28/2019
Zach Tinsley Hire Sales Clerk
Casual,
Variable Hour 5090 $ 12.00 Hourly L-1 10/22/2019
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 1
I T E M: 4.A G.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
A pprove Claims and B ills
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Approve claims and bills.
S UM M ARY:
Attached for C ity C ouncil review and approval are check registers for recent claims and
bills.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
Check registers dated October 3, 2019, and October 10, 2019, in the amounts of
$1,025,497.20, and $712,989.83, respectively.
AT TAC HM E NT S :
Claims and Bills
Claims and Bills
I T E M: 4.A H.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
S et Special City Council Meetings on November 14, 2019, and Cancel City Council Meetings
P reviously Scheduled for November 7, 2019
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Set a Special Informal C ity C ouncil Meeting at 5:30 p.m. and a Special C ity C ouncil
Meeting at 7:00 p.m. on November 14, 2019, and cancel the C ity C ouncil Meetings
previously scheduled for November 7, 2019.
S UM M ARY:
Staff has become aware of various conflicts with the C ity Council Meetings set for
November 7, 2019. T herefore, staff is recommending changing the meeting date to
November 14, 2019. T he new date would be consistent with the City C ouncil's normal
meeting schedule.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
I T E M: 4.A I .
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Consent A genda
Description:
P roclaim October 24, 2019, as "World Polio Day"
S taff Contact:
Tom L awell, City A dministrator
Department / Division:
A dministration Department
AC T I O N RE Q UE S T E D:
Proclaim October 24, 2019, as "World Polio Day".
S UM M ARY:
T he Apple Valley Rotary C lub has been active in raising funds to eradicate polio for many
years. For more than 30 years, Rotary International has been engaging in the campaign to
eradicate polio worldwide. Rotary International has designated October 24, 2019, as World
Polio Day. In recognition of this effort, representatives of the Apple Valley Rotary C lub have
requested approval of the attached proclamation.
B AC K G RO UND:
Rotary began its mission to eradicate Polio when the disease struck more than 350,000
children in 125 countries each year. Since the beginning of the campaign, polio cases have
been drastically reduced. Endemic polio exists only in the countries of Afghanistan, Nigeria
and Pakistan today. Due in part to Rotary's efforts, polio is near eradication.
T he Rotary Club of A pple Valley has a long history of supporting the global initiative to
eradicate polio and will host a fundraising event at the Apple Valley American Legion on
J anuary 26, 2020. More details on the fundraising event will be shared by the Rotary
representatives who attend the October 24, 2019 City C ouncil meeting.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Proclamation
Presentation
CITY OF APPLE VALLEY
PROCLAMATION
WHEREAS, Rotary International, including the Apple Valley Rotary Club, in 1985
launched PolioPlus and spearheaded the Global Polio Eradication Initiative, which today
includes the World Health Organization, U.S. Centers for Disease Control and Prevention,
UNICEF and the Bill & Melinda Gates Foundation to immunize the children of the world against
polio; and
WHEREAS, Rotary brings 106 years of history to this initiative. Its members are
business, professional and community leaders who provide humanitarian service, encourage high
ethical standards, and help build goodwill and peace in the world. Thirty two thousand Rotary
clubs located in more than 200 countries and geographical areas build coalitions and initiate
service projects to address today’s challenges, including illiteracy, disease, hunger, poverty, lack
of clean water, and environmental concerns; and
WHEREAS, polio cases have dropped by 99.9 percent since 1988 and the world stands
on the threshold of eradicating the disease; and
WHEREAS, Rotary is currently working to raise an additional $50 million per year,
which would be further leveraged for maximum impact by an additional $100 million annually
from the Bill & Melinda Gates Foundation; and
WHEREAS, the Apple Valley American Legion and Apple Valley Rotary Club will be
holding a fundraiser for this effort on January 26, 2020.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Apple Valley,
Dakota County, Minnesota, hereby proclaims October 24, 2019, as
“WORLD POLIO DAY”
in Apple Valley and encourages the community to support the Rotary effort to eradicate polio.
PROCLAIMED this 24th day of October, 2019.
____________________________________
Mary Hamann- Roland, Mayor
ATTEST:
______________________________________
Pamela J. Gackstetter, City Clerk
World Polio Day
Proclamation
October 24, 2019
CITY OF APPLE VALLEY
PROCLAMATION
WHEREAS, Rotary International, including the Apple Valley Rotary Club, in 1985 launched
PolioPlus and spearheaded the Global Polio Eradication Initiative, which today includes the
World Health Organization, U.S. Centers for Disease Control and Prevention, UNICEF and the
Bill & Melinda Gates Foundation to immunize the children of the world against polio; and
WHEREAS, Rotary brings 106 years of history to this initiative. Its members are business,
professional and community leaders who provide humanitarian service, encourage high
ethical standards, and help build goodwill and peace in the world. Thirty two thousand Rotary
clubs located in more than 200 countries and geographical areas build coalitions and initiate
service projects to address today’s challenges, including illiteracy, disease, hunger, poverty,
lack of clean water, and environmental concerns; and
WHEREAS, polio cases have dropped by 99.9 percent since 1988 and the world stands on the
threshold of eradicating the disease; and
WHEREAS, Rotary is currently working to raise an additional $50 million per year, which
would be further leveraged for maximum impact by an additional $100 million annually from
the Bill & Melinda Gates Foundation; and
WHEREAS, the Apple Valley American Legion and Apple Valley Rotary Club will be holding a
fundraiser for this effort on January 26, 2020.
NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota,
hereby proclaims October 24, 2019, as “World Polio Day” in Apple Valley and encourages the
community to support the Rotary effort to eradicate polio.
PROCLAIMED this 24th day of October, 2019.
Everyone
is
invited!
For More Information Contact
by email
Karen.kirkman@midcountrybank.com
or visit
www.applevalleyrotary.org
I T E M: 4.A J .
COUNC I L ME E T I NG D AT E:October 24, 2019
SE C T I O N:C onsent A genda
Description:
Adopt Resolution of Support for Dakota County Draft 2020-2024 Capital I mprovements Plan
Staff C ontact:
Matt S aam, Public Works D irector
Department / D ivision:
Public Works Department
AC T ION RE QUE S T E D:
Adopt a resolution of support for the Dakota County Draft 2020-2024 C apital Improvements Plan.
S UM M ARY:
T he County has requested that cities located within Dakota C ounty review the County’s draft 2020-2024 C apital
Improvements Plan (C IP) and provide a resolution of support for the plan.
B ACK GRO UND :
T he C ounty’s proposed C IP identifies several projects located within the City of Apple Valley. T he primary projects
are listed below:
Location Extent Improvement Year
C SAH 33 (Diamond Path)Intersection of 140th St.Construction of a Roundabout 2020-2022
C SAH 42 From western County limits to
T H 3 (Robert Trail)
Corridor Assessment Study 2020
J ohnny Cake Ridge Road Intersection of 155th St.North C reek Greenway Underpass 2020
C SAH 38 (McAndrews Rd)Various locations in Apple
Valley
Repair/Replace Retaining Walls 2020-2021
C SAH 23 (C edar Ave)Intersection of 140th St.Pedestrian Overpass on North
Side
2020-2022
C SAH 42 Between Flagstaff Ave and
J ohnny C ake Ridge Road
North C reek Greenway Underpass 2020-2022
C SAH 42 Intersections of: Redwood Dr,
Elm Dr, Garden View Dr,
Hayes Rd, Pennock Ave,
Garrett Ave, Galaxie Ave, and
Diamond Path
Traffic Signal Rebuilds 2021-2023
C SAH 38 (McAndrews Rd)From C SAH 5 to C SAH 31
(Pilot Knob Rd)
AT MS (Advanced Traffic
Management System) - Signal
Timing Upgrades
2021-2022
MET RO Red Line (Cedar
Ave)
Various locations along the
Red Line in Apple Valley
Bicycle & Pedestrian
Improvements
2022
MET RO Red Line Entire BRT Route Transitway Implementation Plan
Update
2024
T H 77 (Cedar Ave)Apple Valley and Eagan Future MnPass (3rd) Northbound
Lane
2024
C SAH 33 (Diamond Path)From 140th St. to C SAH 31
(Pilot Knob Rd)
Roadway Corridor Study 2024
In addition to commenting on the projects listed above, it is recommended that the City also convey to the County these
additional thoughts:
1. In reference to the C SA H 42 traffic signal work above, the City does not support the removal of the traffic
control signal system at the intersection of Elm Drive.
2. T he City requests that Dakota County consider the future construction of an off-street bituminous trail along the
south side of C SA H 38 (McAndrews Rd) from Galaxie Avenue to Garden View Drive
3. T he City requests that the Dakota C ounty Capital Improvement Program include funding for expedited
3. T he City requests that the Dakota C ounty Capital Improvement Program include funding for expedited
construction of a pedestrian bridge skyway crossing over C S AH 23 (Cedar Ave) at the 147th Street BRT Station
Stop.
B UDGE T IM PAC T:
Support of the County’s draft C IP does not specifically financially obligate the C ity. As projects come forward,
specific Joint Power Agreements between the City and County will be brought forward for consideration.
AT TAC HM E NT S:
Map
Resolution
Exhibit
!.!.
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!.!.!.
!.
!.
!.
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!.!.!.!.!.!.!.!.
CAPITAL IMPROVEMENTPROGRAM 2020-2024
Path: S:\Public-Works\Private\Administration\Budget & CIP\CIP\2020 CIP (2020-2024)\GIS\2020-2024\2020-2024 CIP Dakota County.mxd
1,250 0 1,250 2,500625
Feet
10/16/2019
Grand Oak Ct
I
DAKOTA COUNTY PROJECTS
McAndrews Rd
140th St W
160th St W
150th St WGarden View DrGalaxie AveJohnny Cake Ridge RdPilot Knob RdDiamond PathCedar AveFlagstaff AveHayes RdPennock AveDodd Blvd155th St W
Foliage Ave147th St W
145th St WPalomino Dr157th St W
LINEAR IMPROVEMENTS
Preliminary Design of MnPass 3rd Lane (2024)
TH 77 (Cedar Ave Northbound)
ASSESSMENTS & UPDATES
Corridor Assessment Study (2020-2024)
CSAH 42 (2020)
CSAH 33 (2024)
CSAH 42 CorridorAssessment Study
CSAH 33 / 140th St WRoundaboutCSAH 23 / 140th St WPedestrian Overpass
Metro Red Line / Cedar AveBicycle & Pedestrian Improvements
Diamond PathGalaxie Ave
Garrett Ave
Pennock Ave
Hayes Rd
Garden View Dr
Elm Dr
Redwood Dr
CSAH 33 (Diamond Path)Corridor Assessment Study
CSAH 38 (McAndrews Rd)Repair / Replace Retaining Walls
CSAH 38 (McAndrews Rd)ATMS (Advanced Traffic Management System)Signal Timing Upgrades
North Creek GreenwayUnderpass
North Creek GreenwayUnderpass
TH77 (Cedar Ave Northbound)Preliminary Design of Future MnPASS 3rd Lane
SITE IMPROVEMENTS
Metro Red Line / Cedar Ave Transit (2022)
Bicycle & Pedestrian Improvements (2022)
Traffic Signal Rebuilds (2021-2023)
!.CSAH 42
ATMS Signal Timing Upgrades (2021-2022)
!.CSAH 38 (McAndrews Rd)
Miscellaneous Projects (2020-2022)
!.CSAH 23 / 140th St W (2020-2022)
!.CSAH 33 / 140th St W (2020-2022)
!.CSAH 38 (2020-2021)
!.North Creek Greenway Underpass (2020-2022)
!.North Creek Greenway Underpass (2020)
at various locations along the Red Line in
Apple Valley
at Redwood, Elm, Garden View, Hayes,
Pennock, Garrett, Galaxie, Diamond Path
Pedestrian Overpass on North Side
Construction of a Roundabout
Repair / Replace Retaining Walls
CSAH 42 / Between Flagstaff and JCRR
JCRR / 155th St W
at 140th, Garden View, Pennock,
Galaxie, JCRR, Pilot Knob
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION OF SUPPORT FOR THE DRAFT 2020-2024 CAPITAL
IMPROVEMENT PROGRAM FOR DAKOTA COUNTY
WHEREAS, the City Council of the City of Apple Valley has reviewed the draft 2020-2024
Transportation, Building, Parks/Greenways, Byllesby Dam, Environmental Resources, Data
Networks, Transportation Sales & Use Tax and Regional Rail Capital Improvement Program
documents provided by Dakota County; and
WHEREAS, the City Council wishes to provide comments to Dakota County based on said
documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that:
1. The City of Apple Valley hereby supports inclusion of the following projects into the
2020-2024 Capital Improvement Program for Dakota County:
Location Extent Improvement Year
CSAH 33 (Diamond
Path)
Intersection of 140th St. Construction of a
Roundabout
2020-
2022
CSAH 42 From western County limits to
TH 3 (Robert Trail)
Corridor Assessment
Study
2020
Johnny Cake Ridge
Road
Intersection of 155th St. North Creek
Greenway Underpass
2020
CSAH 38 (McAndrews
Rd)
Various locations in Apple
Valley
Repair/Replace
Retaining Walls
2020-
2021
CSAH 23 (Cedar Ave) Intersection of 140th St. Pedestrian Overpass
on North Side
2020-
2022
CSAH 42 Between Flagstaff and Johnny
Cake Ridge Road
North Creek
Greenway Underpass
2020-
2022
CSAH 42 Intersections of: Redwood Dr,
Elm Dr, Garden View Dr,
Hayes Rd, Pennock Ave,
Garrett Ave, Galaxie Ave, and
Diamond Path
Traffic Signal
Rebuilds
2021-
2023
CSAH 38 (McAndrews
Rd)
From CSAH 5 to CSAH 31
(Pilot Knob Rd)
ATMS (Advanced
Traffic Management
System) – Signal
Timing Upgrades
2021-
2022
METRO Red Line
(Cedar Ave)
Various locations along the Red
Line in Apple Valley
Bicycle & Pedestrian
Improvements
2022
METRO Red Line Entire BRT Route Transitway
Implementation Plan
Update
2024
TH 77 (Cedar Ave.) Apple Valley and Eagan Future MnPass (3rd)
Northbound Lane
2024
CSAH 33 (Diamond From 140th to CSAH 31 (Pilot Roadway Corridor 2024
Path) Knob Rd) Study
2. In reference to the CSAH 42 traffic signal work noted above, the City of Apple Valley
does not support the removal of the traffic control signal system on CSAH 42 at the
intersection of Elm Dr.
3. The City of Apple Valley requests that Dakota County consider the future construction
of an off-street bituminous trail along the south side of CSAH 38 (McAndrews Rd) from
Galaxie Ave to Garden View Dr.
4. The City of Apple Valley requests that the Dakota County Capital Improvement Program
include funding for expedited construction of a pedestrian bridge skyway crossing over
CSAH 23 (Cedar Ave) at the 147th St W BRT Station Stop.
ADOPTED this 24th day of October, 2019.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 7.
C O UNC I L ME E T I NG D AT E:October 24, 2019
S E C T I O N:Calendar of Upcoming Events
Description:
A pprove Calendar of Upcoming E vents
S taff Contact:
S tephanie Marschall, Deputy City Clerk
Department / Division:
City Clerk’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 Location Ev ent
Tue./Oct. 22 3:00-4:00 p.m.Zvago C entral
Village Ribbon Cutting C eremony
Tue./Oct. 22 6:00 p.m.Municipal Center
Urban Affairs Advisory
Committee Meeting
C A N C ELLED
Wed./Oct. 23 9:00 a.m.Municipal Center Firefighters Relief Association
Meeting
T hur./Oct. 24 4:30-6:30 p.m.On-Site Title Chamber Business After Hours
T hur./Oct. 24 6:00 p.m.Municipal Center Special ED A Meeting
T hur./Oct. 24 7:00 p.m.Municipal Center Regular C ity Council Meeting
Tue./Oct. 29 11:00 a.m.-12:00
p.m.
Springs at
Cobblestone Lake Ribbon Cutting C eremony
Wed./Nov. 6 7:00 p.m.Municipal Center Planning C ommission Meeting
T hur./Nov. 7 5:30 p.m.Municipal Center
Informal City C ouncil Meeting
T EN TAT IVELY
C A N C ELLED
T hur./Nov. 7 7:00 p.m.Municipal Center
Regular C ity Council Meeting
T EN TAT IVELY
C A N C ELLED
T hur./Nov. 7 6:00 p.m.Municipal Center
Special Informal Parks &
Recreation Advisory
Committee Meeting
T hur./Nov. 7 7:00 p.m.Municipal Center
Special Regular Parks &
Recreation Advisory
Committee Meeting
Fri./Nov. 8 7:30-9:30 a.m.
Dakota Lodge,
T hompson C ounty
Park
Capital Investment Forum
Mon./Nov. 11 City Offices C losed Veteran’s Day
Mon./Nov. 11 8:15-10:00 a.m.Apple Valley
High School Veteran’s Day C elebration
Wed./Nov. 13 5:00-7:00 p.m.GrandStay Chamber County-Wide
Business Expo
Wed./Nov. 13 7:00 p.m.Municipal Center Traffic Safety Advisory
Committee Meeting
T hur./Nov.
14
11:30 a.m.-6:30
p.m.
Sheraton Mpls.
West,
Minnetonka
2019 Metro Regional Meeting
T hur./Nov.
14 5:30 p.m.Municipal Center Special Informal City C ouncil
Meeting - T EN TAT IVE
T hur./Nov.
14 7:00 p.m.Municipal Center Special Regular C ity Council
Meeting - T EN TAT IVE
Nov. 20-23 San Antonio, T X National League of Cities
City Summit
Tue./Nov. 26 6:15 p.m.Municipal Center Holiday Tree Lighting
Tue./Nov. 26 7:00 p.m.Municipal Center Regular C ity Council Meeting
T hur./Nov.
28 City Offices C losed T hanksgiving Day
Fri./Nov. 29 City Offices C losed Day After T hanksgiving Day
B AC K G RO UND:
Each event is hereby deemed a Special Meeting of the C ity Council, 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