HomeMy WebLinkAbout11/14/2019 Meeting
M eeting L ocation: M unicipal C enter
7100 147th S treet West
Apple Valley, M innesota 55124
Nov ember 14, 2019
C IT Y C O UN C IL SP EC IA L IN F O RMA L MEET IN G T EN TAT IVE
D ISC US SIO N IT EMS
5:30 P M
1.C ouncil Discussion Items (10 min.)
2.Discuss MnD O T Noise Barrier Program (25 min.)
3.Discuss Ameresco's Asset Sustainability Planning and Software Services (20
min.)
4.C ybersecurity Presentation (20 min.)
5.Adjourn
C IT Y C O UN C IL SP EC IA L MEET IN G T EN TAT IVE A G EN D A
7:00 P M
1.C all to Order and Pledge
2.Approve Agenda
3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.A pprove Minutes of October 24, 2019, Regular Meeting
B.A dopt Resolution C onsenting to Appointment of Deputy C ity Clerk
C .A dopt Resolution Establishing Precinct Boundaries and Polling Places
for 2020 Elections
D.A pprove Various Fees for 2020
1. Redwood Pool and A pple Valley Family Aquatic C enter
2. Sports Arena and Hayes Park Arena
E.A pprove Release of Financial Guarantee
F.A pprove Agreement with A meresco for Asset Sustainability Planning
and Software Services
G.A dopt Resolution Approving C onditional Use Permit Amendment
A llowing Bogart's Entertainment C enter to Store Volleyball Sand on Site
Year Round, 14917 Garrett Avenue
H.A ppoint Malloy, Montague, Karnowski, Radosevich & C o., P.A., as
A uditors for Fiscal Year 2019
I.A pprove Agreement with Environmental Systems Research Institute,
Inc., (ESRI) for Geographic Information System Software and Services
J .A pprove Agreement with Pro-Tec Design, Inc., for Hayes C ampus
Security Access System
K.A pprove Change Order No. 2 on Agreement with Pember C ompanies,
Inc., for Project 2019-121, 2019 Lebanon C emetery Boundary Fence,
and Approve Acceptance and Final Payment
L.A pprove Change Order No. 1 to Agreement with Ron Kassa
C onstruction, Inc., for Project 2019-130, 2019 C oncrete Removal &
Replacement Services, and Approve Acceptance and Final Payment
M.A pprove Acceptance and Final Payment on Agreement with Asphalt
Surface Technologies C orporation, for Project 2019-103, 2019 Micro
Surfacing
N.A pprove Acceptance and Final Payment on Agreement with Sunram
C onstruction, Inc., for Project 2018-134, Sunset Pond (A L-P8)
Stormwater Improvements for Alimagnet Lake
O.A pprove Personnel Report
P.A pprove Claims and Bills
5.Regular Agenda Items
A.Proclaim AVR, Inc., a Business Leader in C onnection with Apple
Valley's 50th Golden Year C elebration
B.League of Minnesota C ities Presentation
C .Pennock C enter, 7668 150th Street W.
1. Adopt Resolution Approving C onditional Use Permit for Drive-
T hrough in Association with Class III Restaurant
2. Adopt Resolution Approving 22 Ft. Building Setback Variance on
North Property Line
3. Adopt Resolution Approving 9 Ft. Parking Setback Variance on
North and West Property Lines
4. Adopt Resolution Approving Site Plan/Building Permit
Authorization for 6,100 Sq. Ft. Building
D.A ccept Resignation of Parks and Recreation Advisory C ommittee
Member Boyd Montgomery and Authorize Receipt of Applications
through December 31, 2019, to Fill Vacancy
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and
on the C ity's website at www.cityof applevalley.org
I T E M: 2.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:I nf ormal Agenda I tem
Description:
Discuss MnD O T Noise B arrier P rogram (25 min.)
S taff Contact:
Matt Saam, P ublic Works Director
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
City staff has received interest from residents in regard to the installation of noise barriers
(walls) adjacent to their neighborhoods along T H 77 (C edar Ave.). Staff has researched a
MnD O T (Minnesota Department of Transportation) program which would fund 90% of the
cost of a noise wall. However, it is a competitive program where the C ity's site(s) would
compete against other sites around the metro. Staff will present the MnD O T program to the
Council and be available to answer any questions. Interested residents may also be in
attendance at the meeting.
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:
Presentation
Noise Walls
City Council Informal Meeting -November 14, 2019
•$2 Million in annual funding
•Cost share = 90% State/10% City
•MnDOT maintains list of areas (230+) exceeding
Federal noise standards
•List is updated every 5-years
•Last updated in 2016; next update in 2021
•Areas ranked on:
i.Existing noise level
ii.# of homes adjacent to roadway
iii.Cost effectiveness
A. Ranked 90 out of 235 areas in 2016
•West side of Cedar
•Between Palomino & McAndrews
•Approx. 690-foot long wall
•Homes Benefited = 6
•Approx. Total Cost = $500k
•Approx. City Cost = $50k
B. Ranked 102 out of 235 areas in 2016
•East side of Cedar
•Between 138th & McAndrews
•Approx. 3400-foot long wall
•Homes Benefited = 24
•Approx. Total Cost = $2.4 M
•Approx. City Cost = $240k
C. Ranked 174 out of 235 areas in 2016
•West side of Cedar
•Between 138th & Geneva Way (east)
•Approx. 1320-foot long wall
•Homes Benefited = 8
•Approx. Total Cost = $1.0 M
•Approx. City Cost = $100k
D. Ranked 213 out of 235 areas in 2016
•West side of Cedar
•Between Cimarron & Chaparral Ct.
•Approx. 2700-foot long wall
•Homes Benefited = 10
•Approx. Total Cost = $2.0 M
•Approx. City Cost = $200k
In 2018, MnDOT Began Solicitation-based Process for Projects
•MnDOT will conduct noise study & rank apps
•Selected projects would be constructed 4-5 years out
•Current year process will select projects for fiscal year 2025
•Last year, MnDOT received 5 apps & funded 2 projects (New Hope & Edina)
Questions for Council to Consider
1.Should the City submit an application?
2.How many of the 4 areas in the City should we submit for?
I T E M: 3.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:I nf ormal Agenda I tem
Description:
Discuss Ameresco's Asset S ustainability P lanning and S oftware S ervices (20 min.)
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Staff would like to present additional information regarding the agreement with Ameresco for
Asset Sustainability Planning and Software Services, which is being considered on the
consent agenda this evening.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
N/A
I T E M: 4.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:I nf ormal Agenda I tem
Description:
Cybersecurity P resentation (20 min.)
S taff Contact:
Nathan B ang, I T Manager
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
T he C ity has engaged a myriad of cybersecurity related efforts to ensure a safe and secure
computing environment designed to safeguard the C ity's data and information systems.
T hese efforts rely on a multifaceted strategy which encompass policies, practices, and
partnerships with others, including LO G IS network services.
T he efforts to secure and safeguard C ity data have long been a priority, and continue to be an
ongoing focal point in our data practices. On occasion, members of the C ity C ouncil have
inquired about our data security efforts. In response, staff would like the opportunity to
present an overview of these efforts to better inform the C ity C ouncil on how we approach
data and information security.
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:
Presentation
Cybersecurity
A Briefing
Definition
“Protection of information systems against unauthorized access to or modification of information, whether in storage, processing, or transit, and against the denial of service to authorized users, including those measures necessary to detect, document, and counter such threats.”
K2Share, LLC.
Goal
Protect our information and information
systems.
Multifaceted Strategy
Policies
Partners
Infrastructure
Prevention
Remediation
Education
Policies
Apple
Valley IT
Policy
LOGIS
Member
Security
Policy
League
of MN
Cities
Guidance
FBI CJIS
Security
Policy
PCI Data
Security
Standard
Partners
LOGIS
Dakota
County
State of
MNLMC
Vendors
Infrastructure
Remote VPN
Fiber WAN
Ethernet LAN
Active Directory
Servers
PCs
Cloud
Prevention
Remediation
Security
Notices
Education
Policy
Acknowledgement
Security
Awareness
Training
Simulated
Phishing
CJIS, SCADA,
PCI, Other
Industry
Training
IT Education
Cybersecurity
It Depends On Everyone
City
Information
Policies
Partners
Infrastructure
Prevention
Remediation
Education
I T E M: 4.A .
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Minutes of October 24, 2019, Regular Meeting
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve the minutes of the regular meeting of October 24, 2019.
S UM M ARY:
T he minutes from the last regular C ity Council meeting are attached for your review and
approval.
B AC K G RO UND :
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Minutes
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 24, 2019
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held October 24, 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 Attorney Dougherty, Police
Captain Dahlstrom, Police Captain Francis, and Police Chief Rechtzigel.
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 Goodwin, seconded by Grendahl, approving the agenda for tonight’s meeting,
as presented. Ayes - 5 - Nays - 0.
CONSENT AGENDA
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 October 10, 2019, as written. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-123
accepting, with thanks, the donation of $500.00 from Julia Thompson for use by
the Police Department. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving 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, January 11, 2020,
March 14, 2020, and May 2, 2020, at the Apple Valley American Legion, 14521
Granada Drive, and waiving any waiting period for State approval. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Apple Valley Ducks
Unlimited, Chapter 185, for use on March 7, 2020, at Bogart’s Entertainment
Center, 14917 Garrett Avenue, and waiving any waiting period for State approval.
Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 24, 2019
Page 2
MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a 2019 Christmas
Tree Sales Lot License to William E. Brabec, d/b/a Silver Bell Christmas Tree
Farm, for use on Lot 2, Block 1, East Valley Plaza 3rd Addition (between Upper
141st and 140th Streets), as described in the City Clerk’s memo. Ayes - 5 - Nays
- 0.
MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a new 2020 Off-Sale
3.2 Percent Malt Liquor License to Cedar Brook Market, Inc., d/b/a Cedar Brook
Market, 12503 Germane Avenue, as described in the City Clerk’s memo. Ayes -
5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a new 2020-2021
License to Sell Tobacco and Tobacco Products to Cedar Brook Market, Inc., d/b/a
Cedar Brook Market, 12503 Germane Avenue, as described in the City Clerk’s
memo. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a new 2020 Fuel
Dispensing Facility Permit to Cedar Brook Market, Inc., d/b/a Cedar Brook
Market, 12503 Germane Avenue, as described in the City Clerk’s memo. Ayes -
5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the change in assumed name (or
d/b/a) in connection with Off-Sale 3.2 Percent Malt Liquor Sales License for
Northern Tier Retail, LLC, located at 15020 Garrett Avenue, from Superamerica
to Speedway. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving a change in officer for Lancer
Food Service, Inc., d/b/a Lancer Food Service, in connection with the
Concessionaire On-Sale Intoxicating Liquor License and Special License for
Sunday Liquor Sales at 13000 Zoo Boulevard, naming Olivier Poirot as CEO,
Keith Thomas Cullinan as President, and Julie Kay Hennecy as Secretary, as
described in the City Clerk’s memo. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving a change in manager for MJA
Restaurants Apple Valley, LLC, d/b/a PR’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 John LaForce as General Manager, as
described in the City Clerk’s memo. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving a change in officer for Red Robin
International, Inc., d/b/a Red Robin Gourmet Burgers & Brews, in connection
with the On-Sale Intoxicating Liquor License and Special License for Sunday
Liquor Sales at 15560 Cedar Avenue, naming Lynn Schweinfurth as President
and Treasurer, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 24, 2019
Page 3
MOTION: of Goodwin, seconded by Hooppaw, approving a 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, as described in the City
Clerk’s memo. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-124 setting a
public hearing, at 7:00 p.m., on November 26, 2019, on renewal applications for
On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for
2020. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, declaring certain City vehicles and property
as surplus; authorizing the disposal of City vehicles and unclaimed property by a
public sale from November 1, 2019, through November 13, 2019; and approving
the agreement with Assets 2 Cash, LLC, (A2C) for an online auction conducted
through K-Bid, and authorizing the Mayor and City Clerk to sign the same. Ayes
- 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the release of Natural Resources
Management Permit financial guarantee for Legends of Apple Valley and the
reduction of Natural Resources Management Permit financial guarantee for
Presbyterian Homes at Cobblestone (Orchard Path) from $40,000.00 to $5,000.00,
as listed in the Natural Resources Technician’s memo. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving letters of comment submitted to
Transportation Advisory Board (TAB) by the Minnesota Valley Transit Authority
(MVTA) and Mayor Hamann-Roland concerning the 2020 Regional Solicitation
Program Updates. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving temporary parking on the north
side of Greenleaf Elementary School for school events during the 2019-2020
school year, as detailed in the attachment to the Police Captain’s memo. Ayes - 5
- Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, waiving the procedure for a second reading
and passing Ordinance No. 1067 amending Section 155.333 of Chapter 155 of
the City Code, regulating land usage and building encroachment exemptions.
Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-125 awarding
the agreement for City Hall – Lower Level Buildout, to Fendler Patterson
Construction, Inc., the lowest responsible bidder, in the amount of $934,300.00.
Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-126 awarding
the agreement for Project 2019-114, Family Aquatic Center Pool Shell Repair, to
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 24, 2019
Page 4
Northern Pool Restoration, LLC, the lowest responsible bidder, in the amount of
$195,883.00. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving Lac Lavon Lake Public Fishing
Pier Land Use, Operations and Maintenance Cooperative Agreement with the
State of Minnesota, as attached to the Parks and Recreation Director’s memo, 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 the Cities of
Apple Valley, Burnsville, Eagan, and Lakeville to provide recycling services, as
attached to the Assistant City Administrator’s memo, 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 292 Design
Group, Inc., for Feasibility Study Services for Redwood Park and Pool, in an
amount not to exceed $8,700.00, and authorizing the Mayor and City Clerk to
sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with McNamara Contracting, Inc., for Project 2017-109, Johnny Cake
Ridge Road Improvements, in the amount of an additional $17,779.50. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Ryan Contracting Company, for Project 2017-109, 147th Street
and Johnny Cake Ridge Road Intersection Improvements, in the amount of an
additional $72,841.00. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Cobalt Companies, with a deduction of $2,000.00; and accepting
Project 2019-129, 2019 Fence & Light Pole Reconditioning Services, as complete
and authorizing final payment in the amount of $49,199.00. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, accepting Project 2018-133, Cobblestone
Manor (AL-P3) Stormwater Improvements for Alimagnet Lake, as complete and
authorizing final payment on the agreement with Standard Contracting, Inc., in
the amount of $20,533.29. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, accepting City of Apple Valley Residential
Fall Clean-Up Day (Appliance, Scrap Metal, and Mattress Collection), as
complete and authorizing final payment on the agreement with Certified
Recycling, LLC, in the amount of $1,380.00. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, accepting Residential Fall Clean-Up Day
(Furniture and Remodeling Debris Collection), as complete and authorizing final
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 24, 2019
Page 5
payment on the agreement with Lighting Disposal, Inc., in the amount of
$3,713.55. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-127
approving the City’s contributions towards employee health/dental/life insurances
for benefit-eligible non-union employees and elected officials covered by the Pay
and Benefit Plan effective January 1, 2020. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-128
amending the 2019 Pay and Benefit Plan. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the personnel actions as listed in
the Personnel Report dated October 24, 2019. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, to pay the claims and bills, check registers
dated October 3, 2019, in the amount of $1,025,497.20, and October 10, 2019, in
the amount of $712,989.83. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, setting a special informal City Council
meeting, at 5:30 p.m., and a special City Council meeting, at 7:00 p.m. on
November 14, 2019, and cancelling the City Council meetings previously
scheduled for November 7, 2019. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, proclaiming October 24, 2019, as "World
Polio Day" in Apple Valley. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-129
supporting the draft 2020-2024 Capital Improvements Program for Dakota
County, with conditions. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
AUDIENCE
Mayor Hamann-Roland asked if anyone in the audience wanted to address the Council.
Wilmery Rosario, Ashley Quinones, Don Williams, Brian Milliard, Michael O’Brian, Ted Mika,
Sumaya Aden, Dinni Aden, Char Blanche, Zaida Henry, and Marquitta Woods requested the
release of evidence specified in a data request previously submitted to the City regarding the
officer-involved shooting of Isak Aden in the City of Eagan. They also commented on the
difficulty they have had with multiple communities in getting answers about the incidents
involving Isak Aden and Brian Quinones and their lack of responses to public data requests.
They spoke about the current state of police/public relations and asked for help in their pursuit
for change.
Mayor Hamann-Roland thanked everyone for this important conversation.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 24, 2019
Page 6
Discussion followed.
MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:13 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:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Consenting to A ppointment of Deputy City Clerk
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Adopt the resolution consenting to the appointment of J enae Marthey as Deputy C ity Clerk.
S UM M ARY:
According to Minnesota Statutes 412.151, with the C ity C ouncil's consent, the C ity C lerk
may appoint Deputy C ity C lerks to assist them in conducting the duties of C ity Clerk.
Division Specialist J enae Marthey has worked in the C ity C lerk's Office for six years. She
has proven to be a valuable member of the City C lerk team. In order to provide better
coverage and assist the public when the C ity Clerk is unavailable, staff is recommending
J enae Marthey become a Deputy C ity C lerk.
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:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION CONSENTING TO APPOINTMENT OF DEPUTY CITY CLERK
WHEREAS, the City Council of Apple Valley has previously appointed Pamela J.
Gackstetter as City Clerk; and
WHEREAS, Pamela J. Gackstetter, the City Clerk, has requested the consent of the
Council for the appointment of Jenae Marthey as Deputy City Clerk.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, pursuant to Minnesota Statutes 412.151, that it hereby consents
to the appointment of Jenae Marthey as Deputy City Clerk for the City of Apple Valley.
ADOPTED this 14th day of November, 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:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution E stablishing P recinct B oundaries and P olling Places f or 2020 Elections
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Adopt the resolution establishing the precinct boundaries and polling places for 2020
elections.
S UM M ARY:
State law requires cities to designate its precinct polling places by December 31 of each year
and not less than 90 days prior to an election if a new polling place is designated.
Attached is a resolution establishing the precinct boundaries and polling places for 2020.
Although there are no proposed changes to the precinct boundaries, there are three proposed
changes to the polling locations from the 2018 elections. T he changes are as follows:
Precinct 1 will now vote at the Apple Valley Baptist Church, 964 Garden View Drive,
instead of Redwood C ommunity C enter.
Precinct 3 will now vote at the Redwood C ommunity C enter, 311 150th Street W.,
instead of Westview Elementary School.
Precinct 13 will now vote at J ohnny C ake Activity C enter, 14255 J ohnny Cake Ridge
Road, instead of Diamond Path Elementary School.
T he location changes are being made at the school district's request to not hold C ity elections
in their facilities, due to safety concerns for the children.
B AC K G RO UND :
Minn. Stat. 204B.14, Subd. 4, states that any change in precinct boundary must be adopted
no later than December 1 in the year prior to the year of a state General Election.
Minn. Stat. 204B.16, Subd. 1, states that by December 31 of each year, the governing body
of each municipality must designate by ordinance or resolution a polling place for each
election precinct. T he polling places designated in the ordinance or resolution are the polling
places for the following year.
Minn. Stat. 204B.16, Subd. 3, states that no designation of a new or different polling place
shall become effective less than 90 days prior to an election.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION ESTABLISHING ELECTION PRECINCT BOUNDARIES
AND POLLING PLACES FOR 2020 ELECTIONS
BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,
Minnesota, that upon adoption of this resolution and until subsequent amendment, the following
precinct boundaries and polling places are hereby established for the City’s election precincts:
Precinct
No. Polling Place Precinct Boundaries
1 Apple Valley Baptist Church The area bounded by County Road 42 on the
964 Garden View Drive north, to Pennock Lane on the east, to Whitney
Drive on the south, to Garden View Drive on the
east, to 160th Street W. on the south, to the west
City boundary.
2 Apple Valley Senior Center The area bounded by County Road 42 on the north,
14601 Hayes Road to Cedar Avenue on the east, to 160th Street W. on
the south, to Garden View Drive on the west, to
Whitney Drive on the north, to Pennock Lane on
the west.
3 Redwood Community Center The area bounded by 140th Street W. on the north,
311 - 150th Street W. to Garden View Drive on the east, to 143rd
Street W. on the north, to Hayes Road on the east,
to County Road 42 on the south, to the west City
boundary.
4 Apple Valley Community Center The area bounded by 138th Street W. on the north,
14603 Hayes Road to Cedar Avenue to the east, to 145th Street W. on
the south, to Pennock Avenue on the east, to
County Road 42 on the south, to Hayes Road on
the west, to 143rd Street W. on the south, to
Garden View Drive on the west, to 140th Street W.
on the north, to Pennock Avenue to the west.
2
Precinct
No. Polling Place Precinct Boundaries
5A Hope Church The area bounded by the north City boundary, to
7477 - 145th Street W. the boundary between Independent School
Districts 191 and 196 on the east, continuing to
Garden View Drive on the east, to McAndrews
Road on the north, to Havelock Trail on the east, to
134th Street W. on the north, to Guild Avenue on
the east, to Harwell Path on the north, to Pennock
Avenue on the east, to 138th Street W. on the
north, to Pennock Avenue on the east, to 140th
Street W. on the south, to the west City boundary.
5B Mount Olivet Assembly of God The area bounded by the north City boundary, to
Church Cedar Avenue on the east, to McAndrews Road on
14201 Cedar Avenue the north, to Galaxie Avenue on the east, to Upper
136th Street W. on the south, to Highway 77
Service Road on the east, crossing Cedar Avenue,
to 138th Street W. on the south, to Pennock
Avenue on the west, to Harwell Path on the south,
to Guild Avenue on the west, to134th Street W. on
the south, to Havelock Trail on the west, to
McAndrews Road on the south, to Garden View
Drive on the west, and continuing on the boundary
between Independent School Districts 191 and 196
on the west.
6 Augustana Care Health and The area bounded by 140th Street W. on the north,
Rehabilitation of Apple Valley to Galaxie Avenue on the east, to 157th Street W.
14650 Garrett Avenue on the south, to Cedar Avenue on the west, to
County Road 42 on the south, to Pennock Avenue
on the west, to 145th Street W. on the north, to
Cedar Avenue on the west.
7 Shepherd of the Valley Lutheran The area bounded by the north City boundary, to
Church Johnny Cake Ridge Road on the east, to 132nd
12650 Johnny Cake Ridge Road Street W. on the south, to Galaxie Avenue on the
west, to McAndrews Road on the south, to Cedar
Avenue on the west.
8 Greenleaf Elementary School The area bounded by 132nd Street W. on the north,
13333 Galaxie Avenue to Johnny Cake Ridge Road on the east, to 140th
Street W. on the south, to Cedar Avenue on the
west, to Highway 77 Service Road on the west, to
Upper 136th Street W. on the north, to Galaxie
Avenue on the west.
3
Precinct
No. Polling Place Precinct Boundaries
9 Community of Christ Church The area bounded by 131st Street W. on the north,
5990 - 134th Street Court W. to Everest Avenue on the west, to Euclid Avenue
on the west, to 128th Street W. on the west, to
Diamond Path on the north, to Emmer Place on the
east, to 132nd Street W. on the north, to Pilot Knob
Road on the west, to Diamond Path on the east, to
140th Street W. on the south, to Johnny Cake
Ridge Road on the west.
10 South Suburban Evangelical Free The area bounded by the north City boundary, to
Church the east City boundary, to Diamond Path on the
12600 Johnny Cake Ridge Road west, to Pilot Knob Road on the east, to 132nd
Street W. on the south, to Emmer Place on the
west, to Diamond Path on the south, to 128th
Street W. on the east, to Euclid Avenue on the east,
to Everest Avenue on the east, to 131st Street W.
on the south, to Johnny Cake Ridge Road on the
west.
11 ISD 196 District Service Center The area bounded by 140th Street W. on the north,
14301 Diamond Path to Diamond Path on the east, to County Road 42
on the south, to Embry Path on the west, to 144th
Street W. on the south, to Pilot Knob Road on the
west.
12 Spirit of Life Presbyterian Church The area bounded by 140th Street W. on the north,
14401 Pilot Knob Road to Pilot Knob Road on the east, to 144th Street W.
on the north, to Embry Path on the east, to County
Road 42 on the south, to Galaxie Avenue on the
west.
13 Johnny Cake Activity Center The area bounded by County Road 42 on the
14255 Johnny Cake Ridge Road north, to Diamond Path on the east, to 160th Street
W. on the south, to Pilot Knob Road on the west.
14 Apple Valley Municipal Center The area bounded by County Road 42 on the north,
7100 - 147th Street W. to Foliage Avenue on the east, to 158th Street W.
on the north, to Flagstaff Avenue on the east, to
160th Street W. on the south, to Cedar Avenue on
the west, to 157th Street W. on the north, to
Galaxie Avenue on the west.
4
Precinct
No. Polling Place Precinct Boundaries
15 River Valley Church The area bounded by County Road 42 on the north,
14898 Energy Way to Pilot Knob Road on the east, to 160th Street W.
on the south, to Flagstaff Avenue on the west, to
158th Street W. on the south, to Foliage Avenue on
the west.
BE IT FURTHER RESOLVED that the City Clerk shall post a copy of this resolution
pursuant to M.S. 204B.14, and shall file maps showing the precinct boundaries with the County
Treasurer-Auditor, the Secretary of State, and the School Districts, if a precinct boundary has
been changed.
DATED this 14th day of November, 2019.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, the undersigned, being the duly qualified and acting City Clerk of the City of Apple
Valley, Dakota County, Minnesota, hereby certify that the foregoing is a true and correct copy of
a resolution presented to and adopted by the City Council of Apple Valley at a duly authorized
meeting thereof held in the City of Apple Valley, Minnesota, on the 14th day of November,
2019, the original of which is in my possession.
(SEAL)
Pamela J. Gackstetter, City Clerk
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Various F ees for 2020
S taff Contact:
B arry B ernstein, P arks and Recreation D irector
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve 2020 fees for Redwood Pool and Apple Valley Family Aquatic C enter, as well as
the Sports Arena and Hayes Park Arena as presented and grant Parks and Recreation
Director or designee the latitude to adjust the fees for promotions.
S UM M ARY:
T he Parks and Recreation Advisory Committee has reviewed the proposed 2020 Fee
Schedules and recommended approval of all fees as presented.
B AC K G RO UND :
T he Parks and Recreation Advisory C ommittee reviewed the proposed 2020 Aquatics and
Arenas Fee Schedules at their November 7, 2019, meeting. Staff is recommending no
changes to the daily admission fees at the Apple Valley aquatic facilities. To remain
competitive in the arena operations staff is proposing a small increase in arena rental fees.
As in previous years, the C ommittee suggested the Parks and Recreation Director or
designee continue to be allowed latitude to adjust fees for promotional rates as needed to be
market competitive and enhance revenue.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Exhibit
PARKS AND RECREATION FEES January – December 2020
Redwood Outdoor Pool Rate
Outdoor Pool - minimum 2 hours-50 people $90/hour
Outdoor Pool – add’l -25 people $30/hour
Daily Individual Admission $5/person
Redwood Pool – Ten-Admission Card
- resident x 1st card
$40
Redwood Pool – Ten-Admission Card
– resident x 2nd card
$35
Redwood Pool – Ten-Admission Card
– resident x 3rd card
$30
Redwood Pool – Ten-Admission Card
– resident x 4th card
$25
Redwood Pool – Ten-Admission Card
– non-resident
$45
Category:
A. Activities and programs of recognized Apple Valley civic and community service non-
profit 501(c) organizations.
B. Non-commercial groups and individuals.
C. Private industry, commercial and profit making organizations or individuals who operate
activities for profit.
Family Aquatic Center Rental Category A Category B Category C
Outdoor Pool $850/hr $1200/hr $2500/hr
Picnic Table (3 hour block of time) $30/3 hrs $30/3 hrs $30/3 hrs
Water Walking/Lap Swimming
Ten-Admission Card $30 $30 $30
Cabana-small
(3 hour block of time)
$45/3 hrs $45/3 hrs $45/3 hrs
Cabana-large
(3 hour block of time)
$60/3 hrs $60/3 hrs $60/3 hrs
AVFAC Individual Admission $10
AVFAC Group Admission (25+) $9.50
AVFAC Ten-Admission Card –
resident x 1st card
$85
AVFAC Ten-Admission Card –
resident x 2nd card
$75
AVFAC Ten-Admission Card –
resident x 3rd card
$65
AVFAC Ten-Admission Card –
resident x 4th card
$55
AVFAC Ten-Admission Card –
non-resident
$95
PARKS AND RECREATION FEES January – December 2020
Apple Valley Sports Arena and
Hayes Park Arena 2019 Rates 2020 Rates
Winter Ice Rental – prime time $220/hour $225/hour
Winter Ice Rental – non-prime time $170/hour $170/hour
Summer Ice Rental $165/hour $170/hour
Turf Rental $100/hour $100/hour
Skating Lessons (8 half-hour lessons) $95 $95
Skating Lessons-Private Lessons $115 $115
Skating Lessons-Parent/Child Lessons $115 $115
Skating Lessons-Power Edge $90 $90
Skate Pass (multiple admissions card) $30 $30
Tennis Court Rental – Adult $15/hour $15/hour
Tennis Court Rental – Youth $10/hour $10/hour
Tennis League $5/wk $5/wk
Tennis Ball Machine Rental $5/hour $5/hour
Public Open Skate $5/person $5/person
Skate Sharpening $5 $5
Skate Rental $3/session $3/session
Laces, Tape or Other Misc $5 $5
Mouthguard $5 $5
I T E M: 4.E .
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Release of F inancial Guarantee
S taff Contact:
J oan Murphy, D epartment Assistant
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
Approve release of financial guarantee.
S UM M ARY:
T he City holds numerous financial guarantees to ensure the installation of certain
improvements in new developments, as well as to assure protection of natural resources.
Staff review of the status of this development indicates that the following action is in order:
1.Cortland Sixth Addition
(PC16-37-F)
LO C No. 006363715
O riginal Deposit on 4/28/17
$964,104.00
Reduced on 1/11/18 to $25,000.00
Reduce now to $ 0.00
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
N/A
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with A meresco for A sset Sustainability P lanning and Sof tware S ervices
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Approve agreement with Ameresco for asset sustainability planning and software services.
S UM M ARY:
T he C ity is seeking to improve its facility maintenance planning and forecasting. T he C ity
has worked with Ameresco to identify for opportunities for energy savings in several past
projects. Ameresco offers a more comprehensive facility maintenance software that could be
of significant benefit when formulating future capital improvements programs (C IP's).
B AC K G RO UND :
During the 2019 C ity Council Goal Setting process, one of the top goals identified was to
develop a "facility condition inventory and strategy for funding identified needs". Staff
considered various options in pursuit of this goal and recommends, as a first step, the
adoption of the proposed agreement with Ameresco to conduct a comprehensive facility
condition inventory. By using a third-party evaluation system, the City should receive a
consistent rating of facility condition across the different departments. Once completed, the
inventory will allow the C ity to prioritize ongoing maintenance and take a more
comprehensive, rather than piecemeal, approach to facility investments.
T he inventory will be entered into computer software and C ity staff will receive training on
updating the software.
T he Finance Department hopes to ultimately develop an ongoing funding strategy, similar to
the VERF program, to address the deferred maintenance and to assist in developing a
financing plan for facilities.
Staff recommends the Council approve an agreement using the City standard agreement form
and referencing the attached Asset Planning Scoping Document.
B UD G E T I M PAC T:
T he cost for the initial inventory assessment, data entry, and software training is $58,975.00.
Annual support is $5,850.00. T he project has been planned for several years and a
designated fund balance was set aside for the project.
AT TAC HM E NT S:
Proposal
June 15 2015
Ameresco Asset Sustainability Group
Asset Planning Scoping Document
Prepared for:
City of Apple Valley
November 5, 2019
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T ABLE OF C ONTENTS
Executive Summary ................................................................................... 2
Asset Planning and Optimization ............................................................... 4
Deliverables ............................................................................................... 6
Approach and Methodology ..................................................................... 10
Corporate Capabilities .............................................................................. 16
Strategic Tools ......................................................................................... 17
Professional Fees .................................................................................... 18
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Executive Summary
Ameresco appreciates the opportunity to submit a scoping document discussing City of Apple Valley’s
(the City) interest in a capital planning and asset management service that will support both long-term and
short-term decision-making, along with management of day to day risk associated with an ever-increasing
aging infrastructure. Ameresco’s AssetPlanner™ offering is designed to enhance the future viability of the
City infrastructure and enhance the Quality of Residential, Commercial and Community Life.
The City has a vast portfolio, with 74 buildings and 552,583 square feet. As with most municipalities, the
City’s infrastructure is aging, and funding is struggling to keep pace. City leadership recognizes the lack of
data and planning, and potential under-funding, is not sustainable. The City is looking for tools to help
quantify, manage, and effectively communicate the needs to the city’s financial stakeholders.
Ameresco’s Asset Sustainability Group (ASG) has served hundreds of clients with similar decision making
and funding challenges. Having performed our services for over 3.2 billion square feet and 60,000 buildings,
our team has the experience to guide customers from data development, through prioritization and
validation, to developing business cases that communicate the urgency to stakeholders, establish a data-
defensible magnitude of deferral and future needs, and provide the insight as to how the City could address
long term funding issues via Capital Creation StrategiesTM. To date, our team has identified over $7 billion
dollars in Capital Creation StrategiesTM and alternative funding.
In this scoping document, we detail our approach and showcase the deliverables. It is important to note that
Ameresco goes beyond quantifying capital asset planning data; our service includes the pursuit of solutions.
Our team is committed to building business cases for you that communicate your story across your
organization. And, throughout our relationship, our team will be on site delivering Executive Presentations
and year end data updates.
Specifically, Ameresco will deliver:
• Establishment of Life Cycle Profiles for major building components and systems
(incorporating both short term [5 Year] and long term [30 Year] planning renewal and life cycle
data as well as current information (existing condition assessments, capital plans, relevant
maintenance information, etc.) and phone-based interviews (which we refer to as Asset Reviews)
for approximately 74 buildings representing approximately 552,583 square feet;
• Identification of the Unfunded Liability – graphical presentation of each facility based on
Ameresco’s life cycle profiles (for each building, site and portfolio);
• Establishment of the Facility Condition Index (FCI) profile for each facility based on
Ameresco’s life cycle profiles (for each building, site and portfolio);
• Risk Management process to manage deferred maintenance backlog, aging infrastructure and
triage capital projects.
• Onsite Assessments by Ameresco Engineers using Ameresco’s in house AuditPlanner
technology
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• Executive Summary – portfolio wide summary of the life cycle and asset planning findings; a
compelling argument to secure more capital funds
• Presentation to Key Stakeholders - based on life cycle findings and results;
• Subscription to AssetPlanner™ and AuditPlanner™ to maintain and update a real time
capital planning dataset;
• Ongoing support for analysis, reporting, and to keep capital plan up to date with completed
projects, new/consolidated/disposed facilities
Developing a reliable, update-able set of life cycle is the critical first step in the long journey to Asset
Sustainability. The Ameresco team is pleased to join the City in the journey. We look forward to assisting
the City with decision-making and investment spending as it affects Asset Sustainment, Financial
Stewardship and Stakeholder impact.
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Asset Planning and Optimization
Business Process
To assist the City with facility renewal planning, Ameresco will develop an asset planning framework that
reviews and optimizes the capital and operating needs of the organization by applying a series of business
strategies and best practices to develop proactive, practical business plans. Using a proven predictive life
cycle management approach, the City strategic business objectives will be clearly articulated and incorporated
into the plan.
Objectives:
Holistic asset planning needs and strategies will be developed to seamlessly achieve the following business
objectives:
Data Development – Establishment of Capital Renewal Need – as major building systems and
components age, the remaining useful and serviceable life decreases. The overall capital renewal needs of the
portfolio based on predictive life cycle cost models are established. The overall capital renewal needs are
mapped against the capital renewal funding to identify the “Unfunded Liability”.
Single Data Depository of Asset Data - development of a unified, integrated database (AssetPlanner™)
for the City to warehouse asset data, maintain a living real time capital plan, and to use as a robust reporting
engine.
Examine Funding Requirements – with the development of the overall portfolio renewal needs, capital
funding requirements will be reviewed and mapped against a Sustainability Target.
Use Industry Ratings to Measure Effectiveness of the Capital Spend – an industry standard
measurement called Facility Condition Index (FCI) will be developed for each facility to help predict the
overall risk associated with managing capital renewal. Various analyses related to funding and risk will be
provided.
Examine Capital Creation Strategies – utilizing benchmarking strategies, the operational costs in
collaboration with the capital spend can be examined to optimize capital investments. The goal will be to
identify high level strategies that could reduce the “Unfunded Liability” and operating risk through creative
operational savings strategies resulting in “leveraged spending” and savings opportunities. Criteria will be
established for these strategies that showcase Capital Creation Strategies.
Establishment of Executive Reporting – development of effective capital planning documents will be
provided to demonstrate the current and future renewal needs of the organization based on the life cycle cost
models.
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Enhanced Decision-Making Criteria – the need for an effective “Decision Making Process” is a global
concern with many similar organizations. Decision making criteria will be discussed incorporating best
practices.
Representative Projects:
Ameresco’s key team members have provided services for numerous municipal organizations, including
the following partial list:
ASG
•City of Saint Paul
•City of Duluth
•City of Mankato
•City of Vancouver
•City of Wichita
•City of Santa Fe
•City of Plymouth
•Lakeville School District
•City of Calgary
•City of Columbus OH
•City of Wichita
•Minneapolis Public Housing Authority
•Arizona State University
•New Mexico State University
•City Colleges of Chicago
•University of Illinois at Chicago
•YMCA of Freedom Valley Pennsylvania
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Deliverables
Consulting Service Deliverables – will include:
• An Asset Management Framework and Plan for the City portfolio;
• Development of predictive life cycle forecasting data for all listed facilities;
• Development of a multi-year capital plan (5 year and 30-year plan);
• Development of Facility Condition Index (FCI) and “Unfunded Liability” profiles for each
facility;
• Integration of facility data from disparate data depositories into AssetPlanner™
• Prioritization Process to determine schedule and criticality of projects
• Population of data into the AssetPlanningTM software module;
• Presentation of results.
OUTCOMES & DELIVERABLES:
The following deliverables are intended to provide a summary of the outcomes resulting from the “life cycle
needs” analysis:
1. Establishment of Life Cycles for major building components and systems (elements) using
Ameresco’s AssetPlanningTM software module & professional services:
a. For each facility, a spreadsheet format report will identify the “renewal costs” and “timelines
for each element.
b. A list report that identifies the renewal and replacement costs for each major building
component (element) sorted by year for the next 30 years.
c. A cumulative cost report that shows the “renewal needs” for each facility in each year.
d. A graphical presentation that illustrates the “renewal replacement requirements” for each year
for each facility (as demonstrated in the following “Cost by Discipline” chart).
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2. Identification of the “Unfunded Liability” for each facility, a graphical presentation will be prepared
representing the cumulative total liability compared and/or benchmarked against the current funding
appropriation/budgets for the facilities. The Unfunded Liability will be identified and presented in
a format as follows:
3. Establishment of the Facility Condition Index (FCI) profile for each Facility:
a. A spreadsheet style report will be produced summarizing the overall renewal costs with
calculated FCI’s for each year.
b. A graphical presentation will map out and illustrate the changing FCI per year based on
various funding options to maintain the facilities over an extended period of time.
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c. An FCI Migration review will highlight each building’s FCI rating in 5 year increments.
This graphic will compare one facility to another and will help with decision making related
to capital investment strategies and/or possible retention of a facility for the longer term.
4. A tabular needs report document will be produced for the facility (in Excel format). This will provide
a life cycle profile of the building element replacement costs anticipated for the next 30 years (based
on the modeled information) for the major building systems (elements).
5. A high-level presentation will be delivered for senior management.
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6. Assemble all life cycle and capital planning data in AssetPlannerTM’s AssetPlanning™ Module –
all data will be accessible from a single source by the City allowing for day to day management of
capital repairs and replacement strategies, Unfunded Liability analysis, FCI analysis, reporting of life
cycle cost profiles and information to help report on the capital improvements and showcase future
capital needs.
7. AssetPlanningTM Module Subscription, Training and Support – the City personnel will be provided
with three training sessions to be delivered via in person and via web conference to train users in
AssetPlanningTM. In addition, the City will receive up to 6 hours of AssetPlanningTM specialized
support per year to assist users with data management support, report development support, along
with strategic planning along with a refresh of the executive summary document on an annual
basis. Access to the AssetPlanningTM software module will be administered through Ameresco’s
annual renewal subscription based on an initial 5-year term and will commence upon the start-up of
this assignment.
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Approach and Methodology
Data Development Process
To develop and produce the most effective outcomes and deliverables, a carefully developed approach will
be used incorporating capital planning best practices. Our established asset planning framework will
incorporate best practices for data collection, data development and data reporting. Based on criteria used
to make effective decisions, data inputs will be discussed, and recommendations made.
Establishment of a life cycle cost profile for each facility:
A six step “data development” process will be used to rapidly create life cycle cost profiles for each facility
utilizing the modeling capabilities of our specially designed software called AssetPlannerTM. The current
and future renewal needs will be developed providing cost profiles and liabilities associated with each asset.
The following steps aid in the development of an effective capital asset plan:
• Step 1: Basic facility data collection (age, size, # floors, use, building ID, etc.)
• Step 2: Development of life cycle cost templates for each asset (by type)
• Step 3: Predictive Life Cycle Forecasting validation and review
• Step 4: Prioritization
• Step 5: On-site data collection performed by Ameresco
• Step 6: Population of database with life cycle costs and timelines
Details of each step are described below:
• Step 1: Basic facility data collection (age, size, # floors, use, address, building ID, etc.)
- a simple listing of the facility details will be required from the City, identifying the original age
of construction of the building, the size of the building, the address and building ID, the number
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of floors of the building along with the type of use of the building. If a building has undergone
expansion due to additions, the same information will be required for each addition identifying
the age, size, number of floors, etc.
• Step 2: Development of predictive life cycle forecast & cost templates for the building –
templates that contain the listing of building component inventory will be used based on the
various asset “types” (i.e. City Hall, Fire Station, Police Station, Maintenance Building, Garage,
etc.). These pre-established templates that model the type and use of the building will be used
and mapped to the information obtained in step 1 above. The pre-established template contains
a pre-determined building component inventory and will be used to establish order of magnitude
replacement costs and renewal timelines for each major building system and component. Prior
to populating the database, the City will review with Ameresco and signoff on the use each
template. The templates form the basis for the life cycle database. A spreadsheet for each facility
will be provided identifying a list of components, the number of components, the year of last
replacement, the type of maintenance used along with a comment field. The next step will refine
and validate the template using this “spreadsheet” format.
• Step 3: Life cycle template validation and review, Data Integration- At this stage, the life
cycle template will be updated, incorporating recent replacements and building upgrade
information (supplied by the City). Conference calls with staff familiar with building
replacements and upgrades will be provided to validate the majority of the building systems (it
is anticipated that the City will aid with the logistics associated with coordinating staff
interviews). These conference calls with property and technical staff will further refine data by
confirming additional inventory details (i.e.: the template may assume 1 boiler but the building
may have 2 boilers– this will require an adjustment). The “year of last replacement” and “type
of maintenance used” may be adjusted as well using specially developed spreadsheets. In
addition, existing capital needs for the next 5 years will be requested and will be incorporated
into the life cycle model to enhance the short-term condition picture. Data from the City asset
and capital systems, existing capital plans, previous condition audits and recent energy studies
will be used to supplement the models and aid with interview discussions (if the data is available
in electronic form). In addition, past capital expenditures can be reviewed (where available in a
reasonable form) to help with life cycle cost adjustments.
• Step 4: Prioritization – a process to determine how best to configure the algorithm in
AssetPlanner™ to establish a priority and urgency score for each capital need. Prioritization
includes tactical and strategic factors that influence risk to the organization. Field auditors will
be able to note each systems priority.
Step 5: On -site data collection - on-site data collection activities using the AuditPlanner™
mobile technology to capture additional “condition data” including life cycle details and deferred
maintenance information, pictures of deficiencies, priority ranking of needs in the 5 year
window, etc. AuditPlanner™ is a specially designed Ameresco software application, used to
efficiently capture field data. Life cycle data from steps 2 and 3 is prepopulated in
City of Apple Valley Ameresco Asset Sustainability Planning and Software Services
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City of Apple Valley
Asset Sustainability Planning and Software Services,
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AuditPlanner™ prior to any on-site visits – this greatly speeds up the time to assemble
“condition data” as described herein.
• Step 6: Population of a database with life cycle costs and timelines - the validated and
confirmed template/audit information, from above, will be uploaded into the database to further
refine and populate the life cycle cost database. At this stage, cost and graphical reports can be
produced and the analysis of the “capital renewal need/deferred maintenance” can commence.
The information contained in the life cycle cost database will be used to help streamline all future data
collection activities. This data development process is proven to be effective and utilizes best practices. The
data developed in this analysis will aid the City with its decision-making.
Project Management
As a Project Management best practice, and to ensure the best possible solution, Ameresco will assign
experienced personnel to the City.
Project Kick-off Meeting
Ameresco starts each project with a client Kick-off Meeting to confirm deliverables, expectations,
communication and project management practices.
Ameresco will schedule a Project Kick-off Meeting with key project personnel from the City and
Ameresco. This session will be a collaborative meeting, with the following key objectives:
City of Apple Valley Ameresco Asset Sustainability Planning and Software Services
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City of Apple Valley
Asset Sustainability Planning and Software Services,
November 6, 2019
• Introduce project team members and roles;
• Review and confirm deliverables;
• Discuss and agree on key milestones and timelines;
• Identify project Key Performance Indicators;
• Begin the Project Charter (described on next page);
• Identify Pilot Sites; and
• Agree on an on-going project communication plan
(i.e. weekly or bi-monthly meetings)
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City of Apple Valley
Asset Sustainability Planning and Software Services,
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Training & Support Plan
Webinar Training Sessions
To minimize costs to the City and allow for easier scheduling/coordinating of training, Ameresco will
propose “webinar” training sessions. These are training sessions that are held live, over the internet. Users
are provided a web site address and password to attend the webinar and view training and system
demonstrations. A conference call number is also provided to coincide. Webinars are an excellent low-cost
training option – with a projector and speaker phone, a webinar training session can accommodate any
number of participants, and can be recorded for future use. Our team has successfully implemented many
projects using webinar support and training.
Ameresco is proposing three software training sessions on AssetPlanner™.
Annual Asset Planner™ User Conferences
Ameresco holds Annual AssetPlanner™ User Conferences specifically for authorized users. The User
Conference is a one workshop that includes training/re-training on the AssetPlanner™ Software Suite,
updates of new features and feedback from users. The annual User Conference provides users a chance to
refresh user skills and the invaluable opportunity to network with peers also using AssetPlanner™.
Ameresco has provided annual User Conferences for over 13 years and has developed an excellent
workshop format that has been well received by attendees.
Help Tab, Manuals and On-line User Forum
Each AssetPlanner™ web page also has a “Help” tab, providing
key information for the page being viewed.
On-line User Manuals are available for download free of charge to
AssetPlanner™ Users in PDF format. The User Manuals are
updated on a regular basis and can easily be found in the “Tool
Box” accessible on virtually every AssetPlanner™ web page.
From the Tool Box users can also access the on-line User Forum,
to query commonly asked questions, post questions and post
suggestions.
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City of Apple Valley
Asset Sustainability Planning and Software Services,
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On-going Support: AssetPlanner™ Live Person Service Desk
Ameresco has successfully operated a toll free Live Person Service Desk for the past 13 years. The
AssetPlanner™ Service Desk can easily be reached:
• Directly through the web browser while using the tool;
• Toll free: 1-866-857-3890; or
• Email: ap-support@ameresco.com
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City of Apple Valley
Asset Sustainability Planning and Software Services,
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Corporate Capabilities
Ameresco has accomplished great success working with many educational, post-secondary, institutional and
government customers. A select team of individuals has been established to respond to the City need for
the development of an asset and capital plan. To date, our team members have developed asset plans and
carried out life cycle models and assessments of over 60,000 buildings representing over 3.2 billion square
feet of space. We are proud to stand behind our successful track record of developing capital and asset
renewal plans, and our corporate standard of delivering best value from initial project development through
final implementation and delivery.
The Ameresco team is uniquely positioned for this assignment and brings forward a number of benefits:
• Extensive asset planning and decision support experience;
• Developer of various “measures” including “Unfunded Liability”, FCI migration and Asset
Sustainability profiles;
• Strong technical and project management skills;
• Unique asset management and capital
planning in-house expertise;
• Facility validation and assessment services;
• Energy auditing and energy conservation
specialists;
• Ability to think holistically: from needs
quantification to the development of strategic
capital asset plans through to facility renewal
implementation;
• Team members with a successful history of
providing asset planning services;
• Strong customer focus;
• Flexible approach to service provision and ability to act quickly;
• Integrity in standing behind the work we do.
As an integrated solutions provider, Ameresco looks forward to working closely with the City to develop a
capital asset plan. At Ameresco, we have been working for the past couple years with numerous client
sectors throughout North America to create a new measure and model that addresses the challenges of
managing a large building portfolio. This is an ongoing process that requires careful planning in an effort to
create more robust measurement tools and processes. We would like to invite you to partner with us on this
thought-provoking and innovative initiative.
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Asset Sustainability Planning and Software Services,
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Strategic Tools
AsssetPlannerTM software suite is a comprehensive knowledge management that provides powerful
analytical and reporting tools for strategic asset management and decision development support.
Asset Planning Module
Our AssetPlanning™ module was designed specifically to optimize capital decision-making in an
environment where funding is tight. It prioritizes capital needs across the portfolio with transparency and
consistency. Most importantly, our software’s strategic planning capabilities forecast “what if” scenarios for
different funding and investment levels so managers can see the potential impact when evaluating these
critical decisions.
Mobile tools (AuditPlanner™)
The mobile tools include AuditPlanner™
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Asset Sustainability Planning and Software Services,
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Professional Fees
The fees for the delivery of the consulting services and software solution described herein are presented in
the table below
Activity / Service One Time Fee
One Time Fee:
• Life Cycle Modeling and Capital Asset Plan for 74
facilities with approximately 552,583 square feet
• On Site Facility Assessments by Ameresco
engineers using Ameresco’s AuditPlanner
handheld technology
• Executive Presentation of Results
• Three AssetPlannerTM Training sessions
$ 58,975.00
Annual Support / Service Annual Price
Software Licensing Fee:
• AssetPlanningTM Module
• Setup, configuration, hosting, backups, security
• 6 hours of AssetPlannerTM support per year
• Annual Executive Summary Refresh
Annual Fee:
$5,850.00*
* Inflationary updates are held to zero for a 5 year license term. Annual fees billed in advance.
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Additional Services:
Any additional services outside the scope of the project will be charged according to the rate schedule below
of developed in mutually agreed upon scoping document. Rate Schedules for the various staff members are
listed as follows:
• Senior Vice President $265/hour
• Vice President $225/hour
• Project Director $175/hour
• Project Management $145/hour
• Cost Analysts $110/hour
• Data Analysts $ 85/hour
• Technical Support $ 85/hour
• Administration Staff $ 55/hour
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving C onditional Use P ermit A mendment A llowing Bogart's
E ntertainment C enter to Store Volleyball S and on S ite Year Round, 14917 Garrett Avenue
S taff Contact:
A lex Sharpe, P lanner and E conomic Development Spec.
D epartment / Division:
C ommunity D evelopment Department
Applicant:
A lan L oth - B ogarts E ntertainment Center
P roject Number:
P C19-17-C
Applicant Date: 9/18/2019 60 Days: 11/17/2019 120 Days: 1/16/2020
AC T I O N RE Q UE S T E D:
Adopt resolution approving a conditional use permit amendment allowing Bogart's
Entertainment C enter to store volleyball sand on site year round.
S UM M ARY:
Bogart' s Entertainment C enter is seeking a C onditional Use Permit (C UP) amendment for
their sand volleyball courts. In 2018, the C ity approved an Interim Use Permit (IUP) to
temporarily allow the storage of the sand over the winter. A s there have not been any
negative impacts from the storage, the applicant is seeking to amend their C UP to allow the
storage permanently, and not require a yearly application/review by the Planning Commission
and C ity C ouncil.
On October 16, 2019, the Planning Commission unanimously recommended approval of the
Conditional Use Permit amendment, subject to amended conditions. T hey found that the
ability to store the sand year-round allows for a more permanent installation, creates
opportunities for unique winter activities, and saves the applicant the cost of removal and
placement each year.
B AC K G RO UND :
History of Volleyball Court Request
In 2013, Apple Place Bowl/Bogarts Nightclub was issued a C UP to allow outdoor sand
volleyball in the parking lot on the site. A condition of this use was that the volleyball
courts, including the sand and lights be removed from the site each year prior to September
30th.
In 2018, the site came under new ownership who sought to retain the sand on site during the
winter months. T hey would do so by taking half of the sand and placing it on the other half
of the court, essentially folding the southern half and placing it onto the northern half. T his
allows for additional parking during the busy winter season bowling months.
Bogart's has stated they will continue to utilize the sand for unique winter activities such as
ice sculptures, slides, etc.
When the 2013 C UP was issued there were two primary concerns with retaining the sand on
site, which led to the requirement that it be removed each year. T he first was to prevent sand
from entering the storm water system. T he second was ensuring the site had adequate
parking during its busy winter months.
Storm Water P rotection
T he Public Works and Natural Resources Departments have evaluated the sand storage for
the 2018-2019 season and found that the impact is no more than having the sand present in
the summer. Additional requirements to prevent sand running off with the storm water are
being added as conditions to the C UP. T hese will be on site improvements, that can help
address sand spilling from the enclosure.
P arking
Having the site meeting parking requirements was the second concern noted in the C UP in
2013. As constructed, the site is 30 parking spaces short of requirements, but has a cross
access parking agreement with Fit Academy, and the C ommons II building. When the
volleyball courts are in place they remove 24 parking spaces. To store the sand on site for
the winter the total spaces removed will be 12.
T he C UP report in 2013 noted that while the total parking for the sites do not meet code,
they are able to meet parking demands due to staggered use of the sites with vastly different
peak demand times. Fit Academy and the C ommons II building have peak uses in the
morning, and during the business day. Whereas Bogart's demands are evenings and
weekends. Staff has not noted parking concerns since the establishment of the volleyball
courts in 2013 and did not note any parking concerns last winter.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Area Map
Site P lan
Applicant L etter
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-___
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT
FOR BOGARTS ENTERTAINMENT CENTER
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the
City; and
WHEREAS, said regulations provide that Temporary Seasonal Outdoor Recreational
Facilities as regulated in Chapter 155. Appendix F, Article 2 of the City code may be allowed
within the confines of zoning district “PD290, Zone 2” (Planned Development) and in accordance
with specific performance standards, as a conditional use; and
WHEREAS, approval of a Conditional Use Permit for a Temporary Outdoor Seasonal
Recreational Facility consisting of outdoor volleyball courts, sundeck, and service bar has been
approved by City Council on March 28th, 2013 for property located at 14917 Garrett Ave, Apple
Valley, MN and legally described as Part of Lot 2, Block 7 of Apple Valley Commercial Addition
lying south of a line beginning at the west line 530 feet north from the southwest corner, then east at
a right angle 406.25 feet to the east line and there terminating (“Property”); and
WHEREAS, a Conditional Use Permit Amendment for Resolution 2013-60 has been
requested by Seven Ten Split INC. to remove condition 6, allowing year round storage of volleyball
sand; and
WHEREAS, review of such Conditional Use Permit request to determine its conformance
with the applicable regulations and performance standards has occurred at a public hearing held on
October 16, 2019; and
WHEREAS, the Apple Valley Planning Commission recommended approval of such
Conditional Use Permit subject to certain conditions on October 16, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that a Conditional Use Permit for a Temporary Seasonal Outdoor
Recreational Facility within the confines of zoning district “PD-290, Zone 2” (Planned
Development) be approved subject to compliance with all applicable City codes and standards, and
the following conditions:
1. The Conditional Use Permit shall apply to property legally described as Part of Lot 2,
Block 7 of Apple Valley Commercial Addition lying south of a line beginning at the
west line 530 feet north from the southwest corner, then east at a right angle 406.25
feet to the east line and there terminating.
2
2. The conditional use shall be conducted in conformance with the site plan received in
City offices on February 19, 2013, on file at the City Offices, and attached hereto as
"Exhibit A".
3. There shall be no more than two (2) outdoor volleyball courts measuring 45'x80'
(3,600 sq. ft.) each located at the southwest corner of the building.
4. The 20'x90' (1,800 sq. ft.) sundeck and 10'x20' (200 sq. ft.) service bar shall be
located north of the courts compact and contiguous to the building.
5. No more than 24 parking spaces shall be occupied by the outdoor volleyball courts
and sundeck/service bar.
6. The volleyball courts shall not be in use except during the following periods: 6:00
p.m. to 10:30 p.m. Mondays through Thursdays; and 10:00 a.m. to 10:00 p.m. Fridays
through Sundays.
7. The property owner shall pay all necessary SAC and WAC charges prior to use of the
sundeck/service bar areas.
8. No alcoholic beverages shall be possessed or consumed outside of the delineated area
of the outdoor volleyball court facility and sundeck/service bar area. No sale or
consumption of alcoholic beverages shall occur within the outdoor volleyball court
facility or sundeck/service bar area unless the proper on-sale alcohol license has been
issued by the City permitting on-sale of alcohol within the outdoor volleyball court
facility or sundeck/service bar areas.
9. The outdoor volleyball courts shall be fenced with a woven mesh netting not to
exceed 17' in height as measured from parking lot grade, and temporary lights shall be
mounted on perimeter poles. Said lights shall be arranged so as not to cause light
trespass at the property line, or cause glare onto adjacent roadways.
10. The outdoor volleyball court facility or sundeck/service bar area shall be delineated
with a temporary physical barrier subject to minimum area requirements pursuant to
the Fire and Building Codes.
11. The perimeter boards must contain sand from escaping at the base. The perimeter
boards must be placed high enough to contain the sand to prevent spillage.
12. Any sand migrating out of the volleyball courts onto the pavement shall be swept
immediately and/or upon notice by the City.
13. All sand or material shall be properly covered and maintained throughout the season
when not in use.
3
14. Provide and maintain perimeter sediment control BMPs such as rock or compost filter
logs along the perimeter boards to prevent sediment runoff from reaching parking lot
and storm sewer for the life of the application.
15. The Conditional Use Permit may be revoked if the permittee does not comply with
the terms of conditions #2 through #14 above.
ADOPTED this 14th day of November, 2019.
_________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true
and correct copy of a resolution adopted by the City Council on November 14, 2019, the original
of which is in my possession, dated this _____day of ______________________, 20__.
____________________________________
Pamela J. Gackstetter, City Clerk
Bogarts Entertainment Center
µ
LOCATION MAP ^
150TH ST WGARRETT AVE147TH ST W
GLAZIER AVE
150TH ST W
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A ppoint Malloy, Montague, Karnowski, R adosevich & C o., P.A ., as A uditors f or F iscal Year 2019
S taff Contact:
Ron Hedberg, F inance Director
D epartment / D ivision:
F inance Department
AC T I O N RE Q UE S T E D:
Appoint Malloy, Montague, Karnowski, Radosevich (MMKR) and C o., PA, as auditors for
2019 fiscal year audit.
S UM M ARY:
T he C ity C ouncil is asked to approve MMKR as auditors for the 2019 fiscal year. T he
estimated fee for the 2019 audit is $45,000. 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 RF P process for audit services in 2013 at which
time MMKR and C o., PA was selected.
T he audit fees included in the attached engagement letter does not include fees incurred in
the completion of 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 and 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:
T he estimated cost to perform the base audit of the 2019 C omprehensive Annual Financial
Report is within the budgeted amounts of $48,400.
AT TAC HM E NT S:
Agreement
November 5, 2019
Mr. Ron Hedberg
Finance Director
City of Apple Valley
7100 – 147th Street West
Apple Valley, MN 55124
Dear Mr. Hedberg:
Enclosed are two copies of an engagement letter which explains and confirms the basic services we
expect to perform in conjunction with your upcoming audit. Also enclosed is a copy of our most recent
peer review report.
Assuming the letter adequately describes those services you desire, please sign both copies, return one
copy to our office, and keep the other copy for your files.
Please do not hesitate to contact me if you believe the letter should be modified or if you have any
questions.
Sincerely,
MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A.
James H. Eichten, CPA
Principal
JHE:lmb
Enclosures
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
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November 5, 2019
To the City Council and Management
of the City of Apple Valley
7100 – 147th Street West
Apple Valley, MN 55124
Dear Councilmembers and Management:
We are pleased to confirm our understanding of the services we are to provide the City of Apple Valley
(the City) for the year ended December 31, 2019. We will audit the financial statements of the
governmental activities, the business-type activities, each major fund, and the aggregate remaining fund
information, including, including the related notes to the financial statements, which collectively
comprise the basic financial statements of the City as of and for the year ended December 31, 2019.
Accounting standards generally accepted in the United States of America provide for certain required
supplementary information (RSI), such as management’s discussion and analysis (MD&A), to
supplement the City’s basic financial statements. Such information, although not a part of the basic
financial statements, is required by the Governmental Accounting Standards Board (GASB), who
considers it to be an essential part of financial reporting for placing the basic financial statements in an
appropriate operational, economic, or historical context. As part of our engagement, we will apply certain
limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the
United States of America. These limited procedures will consist of inquiries of management regarding the
methods of preparing the information and comparing the information for consistency with management’s
responses to our inquiries, the basic financial statements, and other knowledge we obtained during our
audit of the basic financial statements. We will not express an opinion or provide any assurance on the
information because the limited procedures do not provide us with sufficient evidence to express an
opinion or provide any assurance. The following RSI is required by U.S. generally accepted accounting
principles and will be subjected to certain limited procedures, but will not be audited:
1) MD&A
2) GASB-required pension and other post-employment benefits information
We have also been engaged to report on supplementary information other than RSI that accompanies the
City’s financial statements. We will subject the following supplementary information to the auditing
procedures applied in our audit of the financial statements and certain additional procedures, including
comparing and reconciling such information directly to the underlying accounting and other records used
to prepare the financial statements or to the financial statements themselves, and other additional
procedures in accordance with auditing standards generally accepted in the United States of America, and
we will provide an opinion on it in relation to the financial statements as a whole, in a separate written
report accompanying our auditor’s report on the financial statements OR in a report combined with our
auditor’s report on the financial statements:
1) Combining and individual fund statements and schedules, presented as supplemental information
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
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City of Apple Valley Page 2
November 5, 2019
The following other information accompanying the financial statements will not be subjected to the
auditing procedures applied in our audit of the financial statements, and our auditor’s report will not
provide an opinion or any assurance on that other information:
1) Introductory information
2) Statistical section
We will perform the required State Legal Compliance Audit 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 State Auditor pursuant to Minnesota Statutes § 6.65, and will include
such tests of the accounting records and other procedures we consider necessary to enable us to conclude
that, for the items tested, the City has complied with the material terms and conditions of applicable legal
provisions.
We will also prepare a management report for the City Council and administration. This report will
communicate such things as our concerns regarding accounting procedures or policies brought to our
attention during our audit, along with recommendations for improvements. The report will also contain
certain financial comparisons and analysis, and a summary of legislative activity affecting Minnesota
cities.
Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and
Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (Uniform Guidance), which would only be required if the
City expended $750,000 or more in federal assistance funds during the year. If the City is required to have
a Single Audit of federal assistance funds, this engagement letter would need to be modified.
Audit Objectives
The objective of our audit is the expression of opinions as to whether your financial statements are fairly
presented, in all material respects, in conformity with U.S. generally accepted accounting principles and
to report on the fairness of the supplementary information referred to in the second paragraph when
considered in relation to the financial statements as a whole. Our audit will be conducted in accordance
with auditing standards generally accepted in the United States of America and the standards for financial
audits contained in Government Auditing Standards, issued by the Comptroller General of the United
States, and will include tests of the accounting records of the City and other procedures we consider
necessary to enable us to express such opinions. We will make reference to another auditor’s audit of
required components if necessary in our report on your financial statements. We will issue a written
report upon completion of our audit of the City’s financial statements. Our report will be addressed to
management and the City Council of the City. We cannot provide assurance that unmodified opinions
will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add
emphasis-of-matter or other-matter paragraphs. If our opinions on the financial statements are other than
unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to
complete the audit or are unable to form or have not formed opinions, we may decline to express opinions
or issue reports, or may withdraw from this engagement.
City of Apple Valley Page 3
November 5, 2019
We will also provide a report (that does not include an opinion) on internal control related to the financial
statements and compliance with the provisions of laws, regulations, contracts, and grant agreements,
noncompliance with which could have a material effect on the financial statements as required by
Government Auditing Standards. The report on internal control and on compliance and other matters will
include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing
of internal control and compliance, and the results of that testing, and not to provide an opinion on the
effectiveness of the City’s internal control on compliance, and (2) that the report is an integral part of an
audit performed in accordance with Government Auditing Standards in considering the City’s internal
control and compliance. The paragraph will also state that the report is not suitable for any other purpose.
If during our audit we become aware that the City is subject to an audit requirement that is not
encompassed in the terms of this engagement, we will communicate to management and those charged
with governance that an audit in accordance with U.S. generally accepted auditing standards and the
standards for financial audits contained in Government Auditing Standards may not satisfy the relevant
legal, regulatory, or contractual requirements.
Audit Procedures – General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactions to be
examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting
policies used and the reasonableness of significant accounting estimates made by management, as well as
evaluating the overall presentation of the financial statements. We will plan and perform the audit to
obtain reasonable assurance about whether the financial statements are free of material misstatement,
whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations
of laws or governmental regulations that are attributable to the government or to acts by management or
employees acting on behalf of the government. Because the determination of abuse is subjective,
Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting
abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control,
and because we will not perform a detailed examination of all transactions, there is a risk that material
misstatements may exist and not be detected by us, even though the audit is properly planned and
performed in accordance with U.S. generally accepted auditing standards and Government Auditing
Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws
or governmental regulations that do not have a direct and material effect on the financial statements.
However, we will inform the appropriate level of management of any material errors, fraudulent financial
reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate
level of management of any violations of laws or governmental regulations that come to our attention,
unless clearly inconsequential, and of any material abuse that comes to our attention. Our responsibility as
auditors is limited to the period covered by our audit and does not extend to later periods for which we are
not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the
accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals, funding
sources, creditors, and financial institutions. We will request written representations from your attorneys
as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our
audit, we will require certain written representations from you about your responsibilities for the financial
statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities
required by generally accepted auditing standards.
City of Apple Valley Page 4
November 5, 2019
Audit Procedures – Internal Control
Our audit will include obtaining an understanding of the government and its environment, including
internal control, sufficient to assess the risks of material misstatement of the financial statements and to
design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to
test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and
fraud that are material to the financial statements and to preventing and detecting misstatements resulting
from illegal acts and other noncompliance matters that have a direct and material effect on the financial
statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on
internal control and, accordingly, no opinion will be expressed in our report on internal control issued
pursuant to Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or
material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will
communicate to management and those charged with governance internal control related matters that are
required to be communicated under American Institute of Certified Public Accountants (AICPA)
professional standards and Government Auditing Standards.
Audit Procedures – Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material
misstatement, we will perform tests of the City’s compliance with the provisions of applicable laws,
regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide
an opinion on overall compliance and we will not express such an opinion in our report on compliance
issued pursuant to Government Auditing Standards.
Other Services
We will also assist in preparing the financial statements and related notes of the City in conformity with
U.S. generally accepted accounting principles based on information provided by you. These nonaudit
services do not constitute an audit under Government Auditing Standards and such services will not be
conducted in accordance with Government Auditing Standards. We will perform the services in
accordance with applicable professional standards. The other services are limited to the financial
statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to
perform any procedure or take any action that could be construed as assuming management
responsibilities.
Management Responsibilities
Management is responsible for designing, implementing, establishing and maintaining effective internal
controls relevant to the preparation and fair presentation of financial statements that are free from material
misstatement, whether due to fraud or error, including evaluating and monitoring ongoing activities to
help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring
that management and financial information is reliable and properly reported. Management is also
responsible for implementing systems designed to achieve compliance with applicable laws, regulations,
contracts, and grant agreements. You are also responsible for the selection and application of accounting
principles, for the preparation and fair presentation of the financial statements and all accompanying
information in conformity with U.S. generally accepted accounting principles, and for compliance with
applicable laws and regulations and the provisions of contracts and grant agreements.
City of Apple Valley Page 5
November 5, 2019
Management is also responsible for making all financial records and related information available to us
and for the accuracy and completeness of that information. You are also responsible for providing us with
(1) access to all information of which you are aware that is relevant to the preparation and fair
presentation of the financial statements, (2) additional information that we may request for the purpose of
the audit, and (3) unrestricted access to persons within the government from whom we determine it
necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements and for
confirming to us in the written representation letter that the effects of any uncorrected mi sstatements
aggregated by us during the current engagement and pertaining to the latest period presented are
immaterial, both individually and in the aggregate, to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect
fraud, and for informing us about all known or suspected fraud affecti ng the government involving
(1) management, (2) employees who have significant roles in internal control, and (3) others where the
fraud could have a material effect on the financial statements. Your responsibilities include informing us
of your knowledge of any allegations of fraud or suspected fraud affecting the government received in
communications from employees, former employees, grantors, regulators, or others. In addition, you are
responsible for identifying and ensuring that the government complies with applicable laws, regulations,
contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and
noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we
report.
You are responsible for the preparation of the supplementary information, which we have been engaged
to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our
report on the supplementary information in any document that contains and indicates that we have
reported on the supplementary information. You also agree to include the audited financial statements
with any presentation of the supplementary information that includes our report thereon OR make the
audited financial statements readily available to users of the supplementary information no later than the
date the supplementary information is issued with our report thereon. Your responsibilities include
acknowledging to us in the written representation letter that (1) you are responsible for presentation of the
supplementary information in accordance with GAAP; (2) you believe the supplementary information,
including its form and content, is fairly presented in accordance with GAAP; (3) the methods of
measurement or presentation have not changed from those used in the prior period (or, if they have
changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or
interpretations underlying the measurement or presentation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of audit
findings and recommendations. Management is also responsible for identifying and providing report
copies of previous financial audits, attestation engagements, performance audits or other studies related to
the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying
to us corrective actions taken to address significant findings and recommendations resulting from those
audits, attestation engagements, performance audits, or other studies. You are also responsible for
providing management’s views on our current findings, conclusions, and recommendations, as well as
your planned corrective actions, for the report, and for the timing and format for providing that
information.
You agree to assume all management responsibilities relating to the financial statements and related notes
and any other nonaudit services we provide. You will be required to acknowledge in the management
representation letter our assistance with preparation of the financial statements and related notes and that
you have reviewed and approved the financial statements and related notes prior to their issuance and
have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating
an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate
the adequacy and results of those services; and accept responsibility for them.
City of Apple Valley Page 6
November 5, 2019
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request and will
locate any documents selected by us for testing.
The assistance to be supplied by your personnel, including the preparation of schedules and analysis of
accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for
testing, will be discussed and coordinated with you.
We will provide copies of our reports to the City; however, management is responsible for distribution of
the reports and the financial statements. Unless restricted by law or regulation, or containing privileged
and confidential information, copies of our reports are to be made available for public inspection.
The audit documentation for this engagement is the property of Malloy, Montague, Karnowski,
Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, subject to
applicable laws and regulations, audit documentation and appropriate individuals will be made available
upon request and in a timely manner to a regulatory agency or its designee, a federal agency providing
direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review
of the audit, to resolve audit findings, or to carryout oversight responsibilities. We will notify you of any
such request. If requested, access to such audit documentation will be provided under the supervision of
MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to
the aforementioned parties. These parties may intend, or decide, to distribute the copies or information
contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the report
release date or for any additional period requested by the regulatory agency. If we are aware that a federal
awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the
audit finding for guidance prior to destroying the audit documentation.
We expect to begin our audit shortly after the end of your fiscal year and to issue our reports prior to
June 30, 2020. James H. Eichten, CPA, is the engagement partner and is responsible for supervising the
engagement and signing the reports or authorizing another individual to sign them.
Our fees for these services will be at our standard hourly rates plus out -of-pocket costs (such as report
reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross
fee, including expenses, will be $45,000. Our standard hourly rates vary according to the degree of
responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for
these fees will be rendered each month as work progresses and are payable on presentation.
In accordance with our firm policies, work may be suspended if your account becomes 60 days or more
overdue and may not be resumed until your account is paid in full. If we elect to terminate our services
for nonpayment, our engagement will be deemed to have been completed upon written notification of
termination, even if we have not completed our report. You will be obligated to compensate us for all
time expended and to reimburse us for all out-of-pocket costs through the date of termination.
City of Apple Valley Page 7
November 5, 2019
These fees are based on anticipated cooperation from your personnel and the assumption that unexpected
circumstances will not be encountered during the audit. If we find that additional audit procedures are
required, or if additional services are requested by the City, those services will be billed at our standard
hourly rates. Additional audit procedures might be required for certain accounting issues or events, such
as new contractual agreements, transactions and legal requirements of new bond issues, new funds, major
capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of
public funds, or if significant difficulties are encountered due to the lack of accounting records,
incomplete records, or turnover in the City’s staff. If significant additional time is necessary, we will
discuss it with you and arrive at a new fee estimate before we incur the additional costs.
With regard to the electronic dissemination of audited financial statements, including financial statements
published electronically on your website, you understand that electronic sites are a means to distribute
information and, therefore, we are not required to read the information contained in these sites or to
consider the consistency of other information in the electronic site with the original document.
If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and
make reference to our firm name, you agree to provide us with printers’ proofs or masters for our review
and approval before printing. You also agree to provide us with a copy of the final reproduced material
for our approval before it is distributed.
During the year, you might request additional services such as routine advice, assistance in implementing
audit recommendations, review of your projections or budgets, and other similar projects. Independence
standards allow us to perform these routine services; however, it is important that you understand that we
are not allowed to make management decisions, perform management functions, nor can we audit our
own work or provide nonaudit services that are significant to the subject matter of the audit.
Please be aware that e-mail is not a secure method of transmitting data. It can be intercepted, read, and
possibly changed. Due to the large volume of e-mails sent daily, the likelihood of someone intercepting
your e-mail is relatively small, but it does exist. We will communicate with you via e-mail, if you are
willing to accept this risk.
To ensure that MMKR’s independence is not impaired under the AICPA Code of Professional Conduct,
you agree to inform the engagement partner before entering into any substantive employment discussions
with any of our personnel.
If a dispute occurs related in any way to our services, our firm and the City agree to discuss the dispute
and, if necessary, to promptly mediate in a good faith effort to resolve it. We will agree on a mediator, but
if we cannot, either of us may apply to a court having personal jurisdiction over the parties for
appointment of a mediator. We will share the mediator’s fees and expenses equally, but otherwise will
bear our own attorney fees and costs of the mediation. Participation in such mediation shall be a condition
to either of us initiating litigation. To allow time for the mediation, any applicable statute of limitations
shall be tolled for a period not to exceed 120 days from the date either of us first requests in writing to
mediate the dispute.
The mediation shall be confidential in all respects, as allowed or required by law, except that our final
settlement positions at mediation shall be admissible in litigation solely to determine the identity of the
prevailing party for purposes of the awarding of attorney fees.
City of Apple Valley Page 8
November 5, 2019
We both recognize the importance of performing our obligations under this agreement in a timely way
and fully cooperating with the other. In the event that either of us fails to timely perform or fully
cooperate, the other party may, in its sole discretion, elect to suspend performance or terminate the
agreement regardless of the prejudice to the other person. We agree we will give 10 days’ written notice
of an intent to suspend or terminate, specifying the grounds for our decision, and will give the other an
opportunity to cure the circumstances cited as grounds for that decision. In the event of suspension or
termination, all fees and costs are immediately due on billing.
We agree that it is important that disputes be discussed and resolved promptly. For that reason, we agree
that, notwithstanding any other statutes of limitations or court decisions concerning them, all claims either
of us may have will be barred unless brought within one year of the date the complaining party first incurs
any damage of any kind, whether discovered or not, related in any way to acts or omissions of the other
party, whether or not the complaining party seeks recovery for that first damage and whether or not we
have continued to maintain a business relationship after the first damage occurred. Notwithstanding
anything in this letter to the contrary, we agree that regardless of where the City is located, or where this
agreement is physically signed, this agreement shall have been deemed to have been entered into at our
office in Hennepin County, Minnesota, and Hennepin County shall be the exclusive venue and
jurisdiction for resolving disputes related to this agreement. This agreement shall be interpreted and
governed under the laws of Minnesota.
When requested, Government Auditing Standards require that we provide you with a copy of our most
recent external peer review report and any letter of comment, and any subsequent peer review reports and
letters of comment received during the period of the contract. Our most recent peer review report
accompanies this letter.
We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes
the significant terms of our engagement. If you have any questions, please let us know. If you agree with
the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.
Sincerely,
MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A.
James H. Eichten, CPA
Principal
JHE:lmb
Response:
This letter correctly sets forth the understanding of the City of Apple Valley.
By:
Title:
Date:
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Environmental S ystems R esearch I nstitute, I nc., (E S R I ) for
Geographic I nformation System Software and Services
S taff Contact:
Matt Saam, P ublic Works Director
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Approve agreement with Environmental Systems Research Institute, Inc., (ESRI) for
Geographic Information System software and services.
S UM M ARY:
T he C ouncil is requested to approve the attached enterprise agreement (EA) with
Environmental Systems Research Institute, Inc., for Geographic Information System (G IS)
software and services. T he EA is a 3-year agreement that will provide an upgrade from the
City’s current limited G IS software licensing. T he EA will allow the C ity access to ESRI
term license software on an unlimited basis including maintenance on all software offered
through the EA for the term of the agreement. Additional benefits of the agreement include
the following:
• A lower cost per unit for licensed software
• Substantially reduced administrative and procurement expenses
• Maintenance on all ESRI software deployed under the agreement
• C omplete flexibility to deploy software products when and where needed
Moving forward in 2020 with an EA, the issues of software versioning, number of licenses
and accessibility to other ESRI suite software, such as Arc G IS On-Line (A G O L), will be
accommodated.
T he agreement has been reviewed by the C ity Attorney.
B AC K G RO UND :
T he City currently operates with ESRI ArcG IS Desktop software purchased several years
ago. ArcG IS Desktop licensing currently consists of (6) Basic concurrent level licenses
installed across multiple machines and (1) Advanced level license.
B UD G E T I M PAC T:
Total cost of the EA over the 3-year term is $85,000. T here are sufficient funds in the
proposed 2020-2021 budget for the ESRI agreement.
AT TAC HM E NT S:
Agreement
Quotation # Q-380556
Date: October 30, 2019
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 436193 Contract #
City of Apple Valley
IT Dept
7100 W 147th St
Apple Valley, MN 55124
To expedite your order, please attach a copy of ATTENTION:Nathan Bang
this quotation to your purchase order. PHONE:(952) 953-2514
Quote is valid from: 3/7/2019 To: 11/29/2019 EMAIL:nbang@ci.apple-valley.mn.us
Material Qty Term Unit Price Total
168178 1 Year 1 $12,000.00 $12,000.00
Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement
168178 1 Year 2 $23,500.00 $23,500.00
Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement
168178 1 Year 3 $35,000.00 $35,000.00
Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement
153636 1 $14,500.00 $14,500.00
The ArcGIS Enterprise Jumpstart – Basic services package provides up to 3 days of on-site installation and configuration support
for an ArcGIS Enterprise implementation consisting of Portal for ArcGIS, one ArcGIS Server site and the ArcGIS Data Store
on up to 4 customer-provided physical, virtual, or cloud servers by 1 Esri Consultant based on a basic implementation and
design plan developed prior to the onsite visit. After installation is complete the Esri Consultant will configure ArcGIS Enterprise
settings including supported user authentication systems, federate the ArcGIS Server site with Portal for ArcGIS, and designate
it as the hosting server. When installation and configuration are complete the Esri Consultant will focus the remaining time
on knowledge transfer of standard ArcGIS Enterprise technology topics such as: ArcGIS Enterprise Administration; Creating,
updating, configuring and administering Geodatabases; Creating and Working with Services; Sharing Imagery and Caching;
Disaster Recovery; Configuring and using your ArcGIS Organization. Customers will first be provided a jumpstart questionnaire
to review user requirements, collect inputs for server sizing, and determine any network, security, or environmental changes
to be addressed. Following receipt of the questionnaire the Esri Consultant will arrange a follow-up call or webcast to answer
questions and review additional information pertinent to the implementation. Using the information gathered up to this point the
Esri consultant will develop a basic implementation and design plan including a platform diagram with basic sizing estimates and
an implementation agenda to direct the onsite activities. Topics outside the scope of the ArcGIS Enterprise Jumpstart include but
are not limited to: Migration of Databases and Applications, Systems Integration, System Architecture Design, Security Review,
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Nick Meyers
Email:
nmeyers@esri.com
Phone:
(909) 793-2853 x8305
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your
purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different
or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.
MEYERSN This offer is limited to the terms and conditions incorporated and attached herein.
Quotation # Q-380556
Date: October 30, 2019
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 436193 Contract #
City of Apple Valley
IT Dept
7100 W 147th St
Apple Valley, MN 55124
To expedite your order, please attach a copy of ATTENTION:Nathan Bang
this quotation to your purchase order. PHONE:(952) 953-2514
Quote is valid from: 3/7/2019 To: 11/29/2019 EMAIL:nbang@ci.apple-valley.mn.us
Material Qty Term Unit Price Total
High Availability, Performance Tuning, and Application Development. The price includes airfare, hotel, car rental, per diem, and
other direct costs. On-site support will be provided at a mutually agreed upon customer location during one trip within the United
States on consecutive business days during a single work week. Scheduling will be based on resource availability. Customers
will need to prepare in advance for Esri’s visit. The Esri Professional Service Packages terms and conditions shall apply. If not
attached, or already incorporated into an existing and current Esri master contract, these terms and conditions and preparation
requirements can be viewed on the web at https://www.esri.com/en-us/legal/terms/services/.
Subtotal:$85,000.00
Sales Tax:$0.00
Estimated Shipping and Handling (2 Day Delivery):$0.00
Contract Price Adjust:$0.00
Total:$85,000.00
This stepped pricing is a one time offer for the City of Apple Valley, MN to leverage licensing under Esri's Enterprise Agreement (EA).
On the third year pricing will reflect the regular pricing based on City of Apple Valley, MN population level and the renewal of EA for
subsequent years.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Nick Meyers
Email:
nmeyers@esri.com
Phone:
(909) 793-2853 x8305
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your
purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different
or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.
MEYERSN This offer is limited to the terms and conditions incorporated and attached herein.
Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
Page 1 of 6 October 10, 2019
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-2)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental
Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the
Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the
documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the
Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the state in which Customer is located without reference to conflict of
laws principles, and the United States of America federal law shall govern in matters of intellectual property. The
modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Publisher, ArcGIS Network
Analyst, ArcGIS Schematics, ArcGIS Workflow
Manager, ArcGIS Data Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase
Update, ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional su bscription to ArcGIS
Developer*
Two (2) Esri CityEngine Single Use Licenses
100 ArcGIS Online Viewers
100 ArcGIS Online Creators
17,500 ArcGIS Online Service Credits
100 ArcGIS Enterprise Creators
3 Insights in ArcGIS Enterprise
3 Insights in ArcGIS Online
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 3
Number of Tier 1 Help Desk individuals authorized to call Esri 3
Maximum number of sets of backup media, if requested** 2
Self-Paced e-Learning Uncapped
Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri
facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package)
* Maintenance is not provided for these items
**Additional sets of backup media may be purchased for a fee
00277856.0
Page 2 of 6 October 10, 2019
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this
Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL
GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise
agreed to by the parties ("Effective Date ").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and
arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—
Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
Page 3 of 6 October 10, 2019
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at
https://www.esri.com/en-us/legal/terms/full-master-
agreement an d available in the installation process
requiring acceptance by electronic acknowledgment
or (ii) a signed Esri master agreement or license
agreement that supersedes such electronically
acknowledged master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products du ring the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government-
owned entities, either party may terminate this
Agreement before any subsequent year if
Page 4 of 6 October 10, 2019
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow -on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be th e day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—M AINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
Page 5 of 6 October 10, 2019
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee before the annual anniversary date for each
year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri's federal ID number is 95 -2775-732.
c. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a
transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
Page 6 of 6 October 10, 2019
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Pro-Tec Design, I nc., for Hayes Campus S ecurity Access System
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Approve the agreement with Pro-Tec Design, Inc., for Hayes C ampus Security Access
System in the amount of $42,268.57.
S UM M ARY:
T he City has been making improvements to its building and facilities. T his project would
add access device readers at doors in the Hayes C ommunity C enter and the Hayes Arena.
Both of these buildings are currently on metal key access.
B AC K G RO UND :
Building access systems are a critical part of the City's security systems. T he access
systems allow the C ity to better control, assign, and withdraw employee access to different
buildings and facilities. T he reduction in the issuance of metal keys reduces the risk of
having to rekey a building when keys are lost.
T his project covers the C ommunity C enter and Hayes Arena in a total amount of
$42,268.57. T he goods and services are being purchased through the State of Minnesota
purchasing contract S-813(5). Staff intends to use the City's standard contract form.
Staff recommends approval of a standard form agreement with Pro-Tec Design,
Inc. for Hayes C ampus Security Access System in the amount of $42,268.57.
B UD G E T I M PAC T:
$24,181.32 would come from the Cable T V Capital Fund which is providing funds for the
security projects this year and $10,000.00 would come from cost savings from within the
Parks budget. $8,087.25 would come from the Arena 2 C apital Outlay approved in the 2019
budget.
I T E M: 4.K .
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 2 on A greement with P ember Companies, I nc., for Project 2019-
121, 2019 L ebanon C emetery B oundary F ence, and Approve A cceptance and F inal P ayment
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 2 on the agreement with Pember C ompanies, Inc., with an
addition of $3,899.30; and accepting Project 2019-121, Lebanon C emetery Boundary Fence,
as complete and authorizing final payment in the amount of $17,905.99 for a contract total of
$282,779.00.
S UM M ARY:
Attached please find the fourth and final payment for Project 2019-121 Lebanon Cemetery
Boundary Fence. 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
$17,905.99 will close the agreement with Pember C ompanies, Inc., and result in a total
construction cost of $282,779.00.
T he change order was for additional bid quantities to items 10 (Limestone Buff Rock Mulch
Below Proposed O rnamental Fence), 11 (Remove Existing Sod Below Existing Ornamental
Fence), 12 (5" Metal Landscape Edger Below Existing O rnamental Fence), and 13 (
Limestone Buff Rock Mulch Below Existing Ornamental Fence) in the Alternate Bid.
B AC K G RO UND :
On April 28, 2011, C ity Council accepted the update to the Master Plan for the Lebanon
Cemetery of Apple Valley. T he plan update provided a revised site plan that included
shifting the primary site access to the future extension of Embry Path. T his was done due to
the limited access onto County Road 42 and Pilot Knob Road.
Grading of the additional 3 acres to the C emetery property was completed in 2017 as part of
Project 2017-106 along with the construction of Embry Path from C ounty Road 42 (Project
2017-135).
City C ouncil adopted Resolution 2017-205 on December 14, 2017, directing the preparation
of plans and specifications for Project 2018-109, Lebanon Cemetery Boundary Fence.
On J une 14, 2018, T he C ity C ouncil rejected bids, Resolution 2018-81, for Project 2018-
109, Lebanon C emetery Boundary Fence, because the bids came in higher than estimated and
was not beneficial to the C ity. Internal Roadways were improved and new access was
constructed as part of the 2018-110 C ity Project in lieu of constructing fence due to
favorable roadway bid results.
City C ouncil adopted Resolution 2019-17 on February 14, 2019, approving plans and
specifications and directing receipt of sealed bids for Project 2019-121, Lebanon Cemetery
Boundary Fence.
On March 28, 2019, the C ity C ouncil adopted Resolution 2019-46, awarding agreement for
Project 2019-121, Lebanon Cemetery Boundary Fence.
T he C ity of Apple Valley 2019 operating budget identifies the extension of the existing
decorative fence and brick pillars along Pilot Knob Road and C ounty Road 42.
On August 8, 2019, the C ity C ouncil approved the C hange Order N o. 1 to agreement with
Pember C ompanies Inc., for Project 2019-121, Lebanon Cemetery Boundary Fence.
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 C osts Final C osts
Construction C ost $ 260,924.40 $ 260,846.10
Contingency
Change Order No. 1
25,391.60
18,033.60
Change Order No. 2 3,899.30
Engineering & C onstruction A dmin.18,684.00 25,815.94
Total Estimated C ost $ 305,000.00 $ 308,594.94
Estimated Project Funding
Cemetery Fund $ 305,000.00 $ 308,594.94
Total Estimated Funding $ 305,000.00 $ 308,594.94
AT TAC HM E NT S:
C hange Order D ocument(s)
F inal Pay Documents
••• •••• ·•:•:•:•· Owner: City of A ppl e Val ley , 7100 W. 147th St., A ppl e Valley , MN 55124
Contractor: Pember Companies , inc, N4449-469th Street, Menomonie, Wisconsin 54751
ApP-le
11 Va e -~ Bo nd Company : T he Guarantee Co mp any of Nonh Ame ri ca USA
CHANGE ORDER NO. 2
2019 Le banon Cemetery Fence Project
CITY PROJECT NO . 2019-121
Date October 30 , 2019
Bond No :
16 162516
The following items are deemed to be necessary to co mpl ete th e project according to th e inte nd ed design . In accordance with th e terms of this
Contract, the Contractor is hereby au th orized and instructed to perform the work as al tered by the fo ll owing provisions .
Description of Work
Th is change order wi ll add quantiti es to items IO (Li mestone Buff Rock M ulch Below Proposed Ornamental Fence), 11 (Remove Existin g Sod Below
Ex istin g Ornamental Fence), 12 (5" Metal Landscape Edger Below Existing Ornamental Fence), and 13 (Limestone Buff Rock Mu lch Below Existing
Ornamental Fence) in the Alternate Bid .
Co ntract Unit Total
No. Item Unit Quantity Price Amount
C HA NGE ORDER NO. 2
LIMESTONE BUFF ROCK MULCH BELOW PROPOSED
10 ORNAMENT AL FENCE CY 4 $165 .00 $660 .00
REMOVE EXISTING SOD BELOW EXlSTING
II ORNAMENTAL FENCE SQFT 617 $2 .50 $1 ,542 .50
5" MET AL LANDSCAPE EDGER BELOW EXISTING
12 ORNAMENTAL FENCE LIN FT 72 $4.40 $316 .80
LIMESTONE BUFF ROCK MULCH BELOW EXISTING
13 ORNAMENTAL FENCE CY 6 $230 .00 $1 ,380 .00
TOTALCHANGEORDERNO2 $3,899.30
201 9-121 Change Order No 2
Original Contract Amount
Previous Change Orders
This Change Order
$212,484 .00
$18,033 .60
$3,899.30
Revised Contract Amount (including this change order) $234,416.90
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:
Pember Companies, inc.
Date
l>renr-Pem~,.1 Prer ,C(-e n1-
I0 }, 3c, / 2.c,9 r I
Approved By Public Works
~APPLE VALLEY
Date
cc : Contractor
Bond ing Company
20 19-12 1 C hange Orde r No 2
Approved by Owner:
9/2/2019
9/20/2019
0
11/14/2019
11 /14/2019
CITY OF APPLE VALLEY
Mary Hamann-Roland, Mayor
Date
Atte st: Pamela J. Gackstetter, City Clerk
Date
OWNER:
City of Apple Valley
7100 147th Street West
Apple Valley , MN 55 124
Amount of Contract:
Change Order No . 1
Change Order No . 2
Total Amount
Cemetery Fund
Subtota l
Total
Account
Number
5605-68 1D-2019 12 1G
PAYMENT VOUCHER NO . 4 AND FINAL
LEBANON CEMETERY BOUNDARY FENCE
CITY PROJECT NO . 2019-121
For Period : Fi nal
$260 ,924.40
$18 ,033 .60
$3,899 .30
$282 ,857 .30
Contract
Amount
Per Resolution
20 19-15
$282 ,857.30
$282 ,857 .30
Value
of Work
Certified
To Date
$ 282 ,779.00
$ 282 ,779.00
$282,779 .00
Date~
Date J@frrkt
CONTRACTOR :
Contractor Name
Contractor Address
C ity , State , Zip
Telephone No .
Less
5
Percent
Reta ined
$0 .00
$0 .00
$0 .00
Pember Companies , Inc.
N4449 469th St.
Menomonie , WI 54751 -5436
715 -235-03 16
Less Net
Previous Amount
Payments Due
$264,873.01 $ 17,905 .99
$264,873 .01 $ 17 ,905 .99
$264,873.01 $17 ,905.99
••• ••••••••• •••• •••
Owner: City of Appl e Val ley , 7100 W.
For Period : FfNAL PAYMENT
147th St., Apple Valley , MN 55124 Date : October 21 , 2019
Request No : 4ANDFfNAL
ApRlell Va ey
Co ntractor : Pember Co mpanie s, Inc N4449 469th Street, Menomonie, WI 54 751-5436
CONTRACTOR'S REQUEST FOR PAYM ENT
Lebanon Cemetery Boundary Fence
Project Fi le No.20 19-121
SUMMARY
Original Contract Amount
2 Change Order -Add iti on
3 Change Order -Deduction
4 Revised Contract Amount
5 Value Completed to Date
6 Material on Hand
7 Amount Earned
8 Less Retainage 5%
9 Subtotal
10 Less Amount Paid Previo us ly
11 Liquidated damages -
12 AMO T DUE T HI S REQUEST FOR PAYME T
Approved by Contractor:
Pember C ompanies, Inc .
{v'~
Specified Contract Complet ion Date:
2019-121 Request for Payment Final
$ $260,924.40
$ 2 1,932.90
$ 0.00
$ $282,857.30
$ $282,779.00
$ $0.00
$ $282 ,779.00
$
$ $282,779.00
$ $264 ,873 .01
$ $0.00
0. 4A DFINAL $ $17 905.99
Bran S Anderson, City Engineer
\(>jif>)11
Date
Mary Hamann-Roland, Mayor
Date
Attest: Pamela J. Gackstetter, City C lerk
Contract Unit Previou s Current Quantity Amount
Est.
No. Item Unit Quantity Unit Price Qua nti ty Quantity To Date To Date
BASE BID
COMMON EXCAVATION (GRAD ING) LS 23,250.00 1.00 0 .00 1.00 23,250 .00
2 DECORAT IVE METAL FENCE (JERITH ALUMINUM FENCE) LIN FT 937 s 47.00 937 .00 0 .00 937.00 44,039.00
DECORATIVE FENCE GATE (AMERIST AR STEE L GATE) LUMP SUM 9,300.00 2.00 0 .00 2 .00 lB,600.00
4 6 ' BRICK STANDARD COLUMN EAC H 10 6,150.00 10.00 0 .00 10 .00 61 ,500 .00
6' BR ICK SIGN ENTRY COLUMN EACH 4 s 6,650.00 4 .00 0 .00 4 .00 26,600.00
6 ENTRY MONUMENT EACH s 10,750.00 1.00 0 .00 1 .00 s 10,750.00
ORNAMENTAL SIGN MONUMENT LUMP SUM s 4 5,000.00 1.00 0 .000 1 .00 $ 45,000.00
TOTAL BASE BID $ 229,739.00
ALTERNATE BID NO 1.
B REMOVE EX ISTING SOD SQ FT 21B4 $ 1.00 2184.00 0 .00 2184.00 2,1B4.00
5 " METAL LAN DSCAPE EDGER BELO W PROPOSED
9 ORN AMENTAL FENCE LIN FT 1904 $ 4 .35 1904.00 0 .00 1904.00 $ 8 ,2B2 .40
LIMESTONE BUFF ROCK MULCH BELO W PROPOSED
10 ORNAMENTAL FENCE CUYD 21 $ 165 .00 21.00 0 .00 21 .00 $ 3,465 .00
REMOVE EXISTING SOD BELOW EXISTING ORNAMENTAL
11 FENCE SQ FT 1928 $ 2 .50 1928.00 0 .00 1928.00 $ 4 ,820.00
5 " METAL LANDSCAPE EDGER BELOW EXISTING
12 ORNAMENTAL FENCE LIN FT 1885 $ 4.40 1885.00 0 .00 1885.00 $ 8 ,294.00
LIMESTONE BUFF ROCK MULCH BELO W EX IST ING
13 ORN AMENTAL FENCE CU YD 18 $ 230.00 18.00 0 .00 18.00 $ 4 ,140.00
TOTAL ALTERNATE BID NO 1. $ 31,185.40
CHANGE ORDER NO 1
DECOR ATIVE FENCE GATE ( AM ERST AR STEEL GATE) LS 14,190.00 1.00 0 .00 1.00 14,190.00
CAST STONE M ATERIALS (EXTRA) EA 2 750.00 2 .00 0 .00 2.00 $ 1,500.00
AMER ISTAR FENCE MAT ER IALS (PANEL+ POST) EA 4 $ 230.00 4 .00 0 .00 4 .00 $ 920.00
4 BR ICK (EXTRA) EA 300 1.00 300.00 0 .00 300.00 $ 300.00
5 " META L LAN DSCAPE EDGER BELO W PROPOSED
ORNAMENTAL FENCE LF 36 4 .35 18.00 0 .00 18.00 $ 78.30
REMOVE EXIST ING SOD BELOW PROPOSED ORNAMENTAL
6 FENCE SQFT 121 1.00 121.00 0 .00 121.00 $ 121.00
DECORATIVE METAL FENC E (JER ITH ALUMINUM FENCE) LF 18 47.00 18.00 0 .00 18.00 846.00
TOTAL CHANGE ORDER NO 1 $ 17,955.30
CHANGE ORDER NO 2
LI MESTONE BUFF ROCK MULCH BELO W PROPOSED
10 ORNAMENTAL FENCE CY 4 165.00 0 .00 4 .00 4 .00 $ 660.00
REMOVE EXIST ING SOD BELOW EXISTING ORNAMENTAL
11 FENCE SQFT 617 2 .50 0 .00 617.00 617.00 1,542.50
12 5 " METAL LA NDSCAPE EDGER BELO W OR NAMENTAL FENCE LIN FT 72 4.40 0 .00 72.00 72.00 316.80
LMESTONE BUFF ROCK MULCH BEL OW EXISTING
13 ORN AMENTAL FENCE CY 6 2 30 .00 0 .00 6 .00 6 .00 1,380.00
TOTAL CHANGE ORDER NO 2 $ 3,899.30
BASE BID $229,739.00
TOTAL ALTERNATE BID NO 1. $31,185.40
TOTAL CHANGE ORDER NO 1. $17,955.30
2019-121 Request for Payment Fnal
No . Item
TOTAL CHANGE ORDER NO 2.
PROJECT TOTAL
2019-1 21 Request lor Payment Fn al
Unit
Contract
Est.
Quantity
Unit
Unit Price
Previous Current
Quantity Quantity
Quantity
To Date
Amount
To Date
$3,899.30
$282,779.00
PROJECT PAYMENT STATUS
OWNER CITY OF APPLE VALLEY
CONTRACTOR Pember Companies, Inc.
CHANGE ORDERS
No.
1
2
Date
7/22/2019 CO 1
11/14/2019 CO2
Total Change Orders
PAYMENT SUMMARY
No. From
1 06/01/2019
2 07/01/2019
3 08/06/2019
Material on Hand
Total Payment to Date
Retainage Pay No . 4
Total Amount Earned
20 19-121 Request for Payment Final
To
07/01/19
08/05/19
09/05/19
Description Amount
$18,033.60
$3,899.30
$21,932 .90
Payment Retain age Completed
$21,861.87 $1,150 .63 $23,012.50
$112,319 .26 $7,062.17 $141,243 .30
$130,691.88 $13,940.69 $278,813 .70
$264,873 .01 Original Contract $260,924.40
Change Orders $21,932 .90
$282,779 .00 Revised Contract $282,857 .30
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 1 to Agreement with R on K assa Construction, I nc., for Project 2019-
130, 2019 C oncrete R emoval & Replacement S ervices, and A pprove A cceptance and F inal
P ayment
S taff Contact:
J ef f L athrop, A cting Public Works Superintendent - Streets
D epartment / D ivision:
S treets Division
AC T I O N RE Q UE S T E D:
Approve C hange O rder No. 1 to agreement with Ron Kassa C onstruction, Inc., with a
deduction of $3,866.95; and accept Project 2019-130, 2019 C oncrete Removal &
Replacement Services, as complete and authorize final payment in the amount of $1,459.40.
S UM M ARY:
Ron Kassa C onstruction, Inc., has requested final payment of $1,459.40 for concrete removal
and replacement services. T his is the third and final payment for Project 2019-130 for a
total contract amount of $29,188.05. T he change order is due to a reduction in the amount of
concrete replaced. T he contractor has completed all work per the agreement. T he
improvements have been inspected and found to be acceptable for final payment.
B AC K G RO UND :
On April 11, 2019, C ity C ouncil approved an agreement with Ron Kassa Construction, Inc.
for concrete removal and replacement services to repair damaged concrete sidewalk and curb
at various location throughout the C ity.
B UD G E T I M PAC T:
Funds for this project are included in the 2019 operating budget for the Public Works Street
Division.
AT TAC HM E NT S:
C hange Order D ocument(s)
F inal Pay Documents
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Acceptance and F inal Payment on Agreement with Asphalt S urface Technologies
Corporation, for Project 2019-103, 2019 Micro S urf acing
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on the agreement with Asphalt Surface Technologies
Corporation, in the amount of $18,844.14; and accepting Project 2019-103, 2019 Micro
Surfacing, as complete and authorizing final payment in the amount of $18,844.14 for a
contract total of $376,882.85.
S UM M ARY:
Attached please find the second and final payment for Project 2019-103, 2019 Micro
Surfacing. 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
$18,844.14 will close the agreement with Asphalt Surface Technologies C orporation, and
result in a total construction cost of $376,882.85.
Total project expenses fall within the preliminary project estimate of $460,000.00.
B AC K G RO UND :
City C ouncil adopted Resolution 2018-135 on September 13, 2018, directing the preparation
of plans and specifications for Project 2019-103, 2019 Micro Surfacing.
On March 14, 2019, C ity C ouncil adopted Resolution 2019-35, approving plans and
specifications and directing receipt of sealed bids for Project 2019-103, 2019 Micro
Surfacing.
T he C ity of Apple Valley 2019 C apital Improvement Program identifies $583,000 for street
preservation in the form of micro surfacing and crack sealing. It’s anticipated that
approximately 99,000 square yards of street will be micro surfaced including portions of the
following neighborhoods and streets:
Diamond Path Additions
153rd Street W from Garret Avenue to Pennock Lane
157th Street W from Harmony Way to Garden View Drive
On May 9, 2019, the C ity C ouncil awarded a construction contract to A sphalt Surface
Technologies C orporation, in the amount of $404,184.59 for Project 2019-103, 2019 Micro
Surfacing. Resolution 2019-64.
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 C osts Final Costs
C onstruction C ost $ 404,184.59 $ 376,882.85
C onstruction C ontingency 20,000.00
Engineering Design
Inspections 30,000.00 22,201.54
Total Estimated Cost $ 454,184.59 $ 399,084.39
Estimated Project Funding
Municipal State Aid Maintenance $ 454,184.59 $ 399,084.39
Total Estimated Funding $ 454,184.59 $ 399,084.39
AT TAC HM E NT S:
F inal Pay Documents
OWNER:
City of Apple Valley
7100 147th Street West
Apple Valley , MN 55124
Amoun t of Contract:
Total Amount
Roa d Im provement Fund
Subtotal
Total
Account
Number
202 7-6810-2019103R $
$
PAYMENT VOUCHER NO . 2 AND FINAL
2019 MICRO SURFACING
CITY PROJECT NO . 2019-103
For Period : Final
~404, 184 .59
$404 ,184 .59
Contract Value
Amou nt of Work
Per Reso lu tion Certified
2019-44 To Date
404 ,184 .59 $376 ,882.85
404 ,184 .59 $376 ,882.85
$404 ,184.59 $376,882 .85
CONTRACTOR:
Contractor Name
Contractor Address
City, State , Zip
Telephone No .
Less
5
Percent
Reta ined
$0 .00
$0 .00
$0 .00
Date ~
Asphalt Surface Technolog ies
PO Box 1025
St. Cloud , MN 56302
320-363-8500
Less Net
Previous Amount
Payments Due
$358,038 .71 $18,844.14
$358 ,038 .7 1 $18 ,844.14
$358,038 .71 $18,844.14
••• •••• ·•:•:•:•· Owner: City of Apple Valley, 7100 W. 147th St., Apple Valley , MN 55124 Date:
For Period: Final Requ es t No :
ApP-lell Va ey
Contractor : Asphalt Surface Technologi es Corporation PO Box I 025 St Cloud Mn 56302
CONTRACTOR'S REQUEST FOR PAYMENT
2019 Micro Surfacing
Project File No. 2019-103
SUMMARY
Original Contract Amount
2 Change Order -Addition $
3 Change Order -Deduction $
4 Revised Contract Amount
5 Value Completed to Date
6 Material on Hand
7 Amount Earned
8 Less Retainage 5%
9 Subtotal
10 Less Amount Paid Previously
11 Liquidated damages -
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2
$
0.00
0 .00
$
$
$
$
$
$
$
$
$
October 22, 2019
2andFinal
$404,184.59
$404,184 .59
$376,882 .85
$0 .00
$376,882 .85
$0 .00
$376 ,882 .85
$358 ,038.71
$0.00
$18 844.14
don S Anderson , City Engineer \0/1,eµq
Date
Specified Contract Completion Date :
Mary Hamann-Roland, Mayor
Date
Attest: Pamela J. Gackstetter, City Clerk
Date
2019-103 Request for Payment 2 and Final
Con lTilct Unit Previous C urren t Q uan tity Amoun t
No.
Item Un it Pri ce Q ua ntity Q uantity To Da te To Date
MOBILIZATION LS 28,000 .00 s 1.00 0.00 1.00 $ 28,000 .00
2 TRAFFIC CONTROL LS 15,000 .00 s 1.00 0.00 1.00 $ 15,000.00
3 REMOVE PAVEMENT MARKINGS -4" LINES LF 19.879 s 0.63 s 19,879.00 0.00 19879.00 $ 12,52 3.77
4 REMOVE PAVEMENT MARKINGS -12" LINES LF 1,065 1.84 1,065.00 0.00 1065.00 $ 1,959 .60
REMOVE PAVEMENT MARKINGS -24" LINES LF 448 3.62 s 448.00 0.00 448.00 $ 1,621.76
6
REMOVE PAVEMENT MESSAGE -LEFT ARRO W AND RIGHT ARROW
SF 912 3.62 912.00 0.00 912 .00 $ 3,301.44
REMOVE PAVEMENT MESSAGE · LEFT TURN THROUGH ARROW · RIGHT TURN THROUGH ARROW
7 SF 570 3.62 570.00 0.00 570.00 $ 2,063 .40
8 REMOVE PAVEMENT MESSAGE -THROUGH ARROW SF 210 3.62 s 210.00 0.00 210.00 $ 760 .20
ADJUST MANHOLE CASTING-CAST IRON MANHOLE ADJUSTMENT RING , NEENAH R-
9 1979 SERIES EA 7 825 .00 s 2.00 0.00 2.00 $ 1,650 .00
10 BITUMINOUS MATE RI AL FOR MICRO-SURF ACING GAL 38 ,879 2.96 s 35,245.21 0.00 35245.21 $ 104,325 .82
MIRCO -SURFACING SURFACE COURSE (MNDOT '!YPE 2 AGGREGATE
11 MODIFIED) TN 1,106 s 187.00 1,050.26 0.00 1050 .26 $ 196,398.62
12 4" DOUBLE SOLID LINE, YELLOW LF 20 ,052 s 0.31 5,416.00 0.00 5416.00 $ 1,678 .96
13 4" SOLID LINE, YELLOW LF 3,446 0.16 s 1,058.00 0.00 1058 .00 $ 169.2 8
14 4" SOLID LINE, WHITE LF 16,260 s 0.16 s 7,305.00 0.00 7305 .00 $ 1,168 .80
15 12" SOLID LINE, WHITE LF 2,130 s 1.75 s 1,704.00 0.00 1704 .00 $ 2,982 .00
16 24 " SOLID LINE, WHITE LF 604 s 2.95 s 483.20 0.00 483 .20 $ 1,425 .44
17 24" SOLID LINE, YEL LOW LF 292 2.95 s 233.60 0.00 233 .60 $ 689.12
18 PAVEMENT MESSAGE -LEFT AND RIGHT ARROW -WHITE SF 270 s 2.90 s 216.00 0.00 216 .00 $ 626.40
19 PAVEMENT MASSAGE-RIGHT THROUGH ARROW-WHITE SF 160 s 2.90 s 128.00 0.00 128 .00 $ 371.20
20 PAVEMENT MASSAGE-THROUGH ARROW-WHITE SF 72 s 2.90 s 57 .60 0.00 57 .60 $ 167 .04
TOTAL BID 0.00 $376,882 .85
2019-103 Request for Payment2 and Fn ai
PROJECT PAYMENT STATUS
OWNER CITY OF APPLE VALLEY
Project File No. 2019-103
CONTRACTOR Asphalt Surface Technologies Corporation
CHANGE ORDERS
No. Date Description
Total Change Orders
PAYMENT SUMMARY
No. From To Payment Retaina e
06/14/2019 06/30/19 $358,038.71 $18 ,844.14
Material on Hand
Total Payment to Date $376,882.85 Original Contract
Retainage Pay No . 2 Change Orders
Total Amount Earned $376,882 .85 Revised Contract
2019-103 Request for Payment 2 and Final
Amount
Com leted
$376,882.85
$404 ,184 .59
$404,184 .59
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Acceptance and F inal Payment on Agreement with S unram Construction, I nc., for
P roject 2018-134, S unset Pond (A L -P 8) S tormwater I mprovements f or Alimagnet L ake
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on the agreement with Sunram C onstruction, Inc.,
and accepting Project 2018-134, Sunset Pond (A L-P8) Stormwater Improvements for
Alimagnet Lake, as complete and authorizing final payment in the amount of $11,148.14 for a
contract total of $222,962.89.
S UM M ARY:
Attached please find the fourth and final payment for Project Project 2018-134, Sunset Pond
(A L-P8) Stormwater Improvements for Alimagnet Lake. A ll 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 $11,148.14 will close the agreement with Sunram
Construction, Inc., and result in a total construction cost of $222,962.89.
T he project final costs exceed the budgeted amount by $11,251.00.
*As denoted in the Budget Impact and Funding sources, the grant money for A L-P8 from
BWS R and VRWJ P O has been adjusted from the original work plan to provide additional
funding for this project. T he impact to the Storm Sewer Utility Funds have been decreased
due to an additional funding shift from the Grant.
B AC K G RO UND :
T he C ity C ouncil adopted Resolution 2018-58 on May 10, 2018, directing the preparation of
plans and specifications for Project 2018-134, Sunset Pond (A L-P8) Stormwater
Improvements for Alimagnet Lake.
On March 28, 2019, the C ity C ouncil adopted Resolution 2019-43, approving plans and
specifications and directing receipt of sealed bids for Project 2018-134, Sunset Pond (A L-
P8) Stormwater Improvements for Alimagnet Lake.
On May 9, 2019, the C ity C ouncil adopted Resolution 2019-66, awarding agreement for
Project 2018-134, Sunset Pond (A L-P8) Stormwater Improvements for Alimagnet Lake, to
Sunram C onstruction, Inc., in the amount of $213,642.00.
On September 12, 2019, the City C ouncil approved C hange Order No. 1 to agreement with
Sunram C onstruction, Inc., for Project 2018-134, Sunset Pond (A L-P8) 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 C osts Final C osts
C onstruction C ost
C ontingency
$ 213,642.00
6,358.00
$ 202,062.89
C hange O rder No. 1 20,900.00
Engineering, C ontract Admin, Inspection,
Testing, Survey
40,000.00
48,288.11
Total Estimated Cost $ 260,000.00 $ 271,251.00
Estimated Project Funding
C lean Water Fund Grant*
$75,000.00
$154,804.16
Storm Sewer Utility*185,000.00 116,446.84
Total Estimated Funding $ 260,000.00 $ 271,251.00
AT TAC HM E NT S:
F inal Pay Documents
OWNER :
City of App le Valley
7100 147th Street West
App le Va lley , MN 55124
Amount of Con t ract:
Change Order #1
Tota l Amount
Storm Dra inage Utility
Su bto tal
Total
PAYMENT VOUCHER NO. 4 AND FINAL
SUNSET POND (AL-PB) STORMWATER IMPROVEMENTS FOR ALI MAGNET LAKE
CITY PROJECT NO . 2018-134
For Period : Final
$213 ,642.00
~20,900 .00
$234 ,542 .00
Co ntra ct Va lu e
Am ount of Work
Accou nt Per Res olu ti on Cert ified
Num ber 201 9-44 To Date
5505-6810-201 8 134D $234 ,542 .00 $222 ,962 .89
$ 234 ,542 .00 $222 ,962 .89
$234,542 .00 $222 ,962.89
Date ~
CONTRACTOR:
Contractor Name
Con tractor Add ress
City , State , Zip
Telephone No .
Le ss
5
Percent
Retained
$0 .00
$0 .00
$0.00
Sunram Construction , Inc .
20010 75th Ave N
Corcoran , MN 55340
763-420-2140
Less Net
Previ ous Amount
Payments Due
$211 ,8 14 .75 $11 ,148.14
$211 ,814 .75 $11 ,148.14
$211 ,814.75 $11 ,148 .14
••• •••• ••••• •••• •••
Ow ner: City of Ap pl e Valley , 7100 W. 147th St.. Apple Va ll ey , MN 55124
Fo r Period: Fi nal Payment
Date:
Req ue st No :
Aw.le II Va ey
Contrac tor : Sunram Co nstr uction. Inc . 200 IO 75 th Ave N, Corco ran , MN 55340
C O NTRACTOR'S REQU EST FOR PA YMENT
Su nset Pond (AL-P8) Stormwater Im proveme nt s for A lim agnet Lake
Proj ect File No. 20 18-134 ·
SUMMARY
I Original Co nt ract Amount $
2 Change Order -Addi ti on $ 20,900.00
3 C han ge Order -Deduction $ 0.00
4 Revised Contract A.mount $
5 Value Comp leted to Date $
6 Material o n Hand $
7 A.mo unt Earn ed $
8 Less Re tain age 5% $
9 Subtotal $
10 Less A mount Paid Previous ly $
11 Liquidated dam ages -$
12 AMOUNT D UE T HI S REQUEST FOR PAYMENT NO. 4AN DFINAL $
Approved by Contracto r:
September 30 , 20 19
4ANDF INAL
$2 I 3.642 .00
$234.542.00
$222,962.89
$0.00
$222,962 .89
$0.00
$222.962.89
$2 11 ,8 14.75
$0.00
$11 ,148.14
S•r;•-z '[:
Bra don S A nd erson, C ity Eng in eer
\O' L"''l, Date
Specified Contract Comp le ti on Date:
Mary Hamann-Roland, Mayor
D ate
Attest: Pamela J . Gackstetter, City Cl erk
Date
2018-134 Final Payment
Co ntract Unit P revio us Current Qu antity A mount
No.
h e m Un it Qu untitl Price Qu a n lily Q uantity T o Date To Da le
BASE BID
MOB ILIZA TI ON LUMP SUM $ 13,275 75 1.00 0.00 1.00 $ I 3.275 75
2 TRA FFIC CO TROL LUMP SU M $ 3,600.00 1.00 0.00 I 00 $ 3,600.00
PO D DEWATERING LUMP SUM $ 12,000.00 1.00 000 I 00 $ 12,000.00
4 C LEARING TREE 6 $ 370.00 6.00 000 600 $ 2,220.00
5 GRUBB ! G TREE 6 $ 80.00 6.00 0 .00 9.00 s 72000
6 PRUNE TREES HOUR 10 $ 240.00 I0.00 000 10 .00 s 2,400.00
REMOVE BITUMINOUS T RA IL SQYD 645 $ 3 40 19.00 0.00 19.00 s 6460
8 COMMON EXCAVATION (EV) (P) CUYD 900 $ 29.50 900.00 000 900.00 $ 26,550 .09
9 EPDM RU BBE R LI ER,45 11L SQYD 610 $ 17.00 610.00 000 6 10.00 $ 10,370.00
10 MED IUM FfL TER AGGREGATE TON 20 $ 100.00 20.00 000 woo $ 2,000.00
II SELECT GRANULAR BOR ROW TON 30 $ 1 10.00 30.00 000 3000 s 3,300.00
12 SELECT GRANU LAR BORR OW (MODI FIED ) TON 610 $ 24 50 6 10 .00 0 .00 6 10 .00 $ 14,945.00
13 IRON FIL INGS TO 30 $ 1,200.00 30.04 0.00 30.04 $ 36.048 00
14 TYPE C GAB IO N EA 1 1 $ 565 00 11 .00 0 .00 I 1.00 s 6,2 15 00
15 TYPE DGA BIO EA 27 $ 420 .00 27 .00 0 .00 27.00 $ 11.340.00
16 TY PE F GAB ION EA 11 $ 540 00 1 1.00 000 11 00 $ 5,940 00
17 RANDOM RIP RAP , CLASS I CU YD 100 $ 150.00 100 .00 000 10000 $ 15 ,000.00
18 AGGREGATE BASE CLASS 5 TO 166 $ 32 .50 174.55 000 174 .55 $ 5,672.88
19 TYPE S PWEA330B WEA R 3" TH IC K TO 130 $ 104 .00 76.3 1 0 .00 76.31 $ 7,936 32
20 6" PERFORATED HOPE PlP E DRAIN LI FT 250 00 $ 13 50 250.00 0.00 250.00 $ 3.375 00
2 1 6" SO U D WA LL PVC SC H 40 P IP E LIN FT 2~5 $ 30 75 225 00 0.00 225 00 s 6,91875
22 PVC VEN TED C LEAN OUT EACH 2 $ 650.00 2 00 000 2 .00 $ 1.300.00
,-_, PVC UNDER-DRA IN VALVE & VALVE BOX EACH $ 2,250.00 1.00 000 I 00 $ 2,250 00
24 SILT FE CE, TYPE HA D INSTA LL E D LIN FT 550 $ 5.25 5 18000 000 5 18 00 $ 2,719.50
25 SA DY CLAY LOAM TOPSO IL BOR ROW (LV) CUYD 13 $ 56.00 13 .00 0 .00 13 00 $ 728.00
26 COM POST GRADE 2 (LVJ CUYD 13 $ 45 .00 13 .00 000 13 .00 $ 585 .00
27 TURF ESTAB LIS HME T LUMP SUM $ 80000 1.00 0.00 1.00 s 80000
SEE DING W ITH MN DOT 35-24 1 S EED MIXTURE. FE RT ILIZER
28 TYPE 3, AN D CATEGORY 3N BLAN KET SQYD 370 $ 2 40 370.00 0 .00 370.00 $ 888 00
SEED ING W ITH M DOT 35-24 1 S EED MIXTURE. FE RT ILI ZER
29 TYPE 3. AN D HYDRAULIC MULCH MATR IX SQYD 1,340 $ 2.40 1340 .00 000 1340.00 s 3,21600
30 STREET SWEEPER (WITH PI CKU P BROO M) HOUR 5 $ 150.00 5.00 000 500 $ 750.00
3 1 MOD IF Y EX ISTING OUT LET STR UCTURE LUM P SU M $ 3,'.!00 .00 1.00 000 I 00 $ 3,'.!00.00
TOTA L BAS E BlD $206,327.89
CHANGE ORDER 1
10 MEDI UM FILTER AGG REGAT E TN 140 $ 55 00 107 .00 0 .00 107 .00 $5,885 .00
I I SELECT G RA ULAR BORROW TN 330 $ 4000 268.75 000 268.75 $10.75000
TOTAL CHANGE ORDER 1 $16,635.00
2018-134 F'ml Payment
No .
Item
TOTAL
2018--134 Fina Payment
Co ntract
Unit Quuntity
Unit
Price
Prev io us Current
Qu a ntity Qu a ntity
Qua ntity
T o Da te
Amo unt
T o Da te
22 2 ,962.89
PROJECT PAYMENT ST A T US
OWNER C ITY OF APPLE VALLEY
Project Fi le No . 20 18-1 34
CONTRACTOR Sun rarn Constru ction, In c.
CHANGE ORDERS
N o. D t a e D escnptton A mount
I 9/12/20 19 COl $20,900.00
Total Change Orders
PAYMENT SUMMARY
N F o. rom T 0 p ayment R eta mage C I t d omp e e
1 06/14/2019 06 /30/19 $142 ,374.30 $7,493.38 $149,867.68
2 08 /0 1/2019 09 /05 /19 $53,409 .20 $10 ,304.39 $206 ,087.89
3 09 /05 /2019 09 /24/19 $16 ,031 .25 $11,148.14 $222,962.89
Material on Hand
Total Payment to Date $22 2,962 .89 Or igina l Con tract $213,642 .00
Retainage Pay No . 4ANDFIN AL Change Orders $20 ,900.00
Total Amount Earned $221 ,852.89 Revised Con tract $234 ,542 .00
2018-134 Final Payment
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove P ersonnel R eport
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Approve the personnel report.
S UM M ARY:
T he employment actions attached to this memo are recommended for City Council
Approval.
B AC K G RO UND :
T he C ity C ouncil's approval of the Personnel Report includes the ratification of the C ity
Administrator's actions in carrying out the terms and conditions of the employment of the
City personnel.
B UD G E T I M PAC T:
Budgeted positions.
AT TAC HM E NT S:
Personnel Report
PERSONNEL REPORT
November 14, 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)
Deborah Cordes Rehire Elections Assistant
Casual,
Variable Hour 1015 $ 16.00 Hourly C-10 1/15/2020
Penelope Curry Rehire Elections Assistant
Casual,
Variable Hour 1015 $ 16.00 Hourly C-10 1/15/2020
Ryan Dannenberg Hire Maintenance I
Casual,
Seasonal 5365 $ 12.52 Hourly SMI 10/14/2019
Sam Handahl Rehire Ice Resurfacer
Casual,
Variable Hour 5205 $ 15.55 Hourly C-06 10/28/2019
Michele Mueller Rehire Elections Assistant
Casual,
Variable Hour 1015 $ 16.00 Hourly C-10 1/15/2020
Todd Stellick Rehire Maintenance I
Casual,
Seasonal 1600 $ 12.85 Hourly SMI 11/4/2019
Ashley Swenson Hire Sales Clerk
Casual,
Variable Hour 5090 $ 12.00 Hourly L-1 10/30/2019
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the
City personnel.
Page 1 of 1
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:C onsent Agenda
Description:
A pprove Claims and Bills
S taff Contact:
Ron Hedberg, F inance Director
D epartment / D ivision:
F inance Department
AC T I O N RE Q UE S T E D:
Approve claims and bills.
S UM M ARY:
Attached for C ity C ouncil review and approval are check registers for recent claims and
bills.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
Check registers dated October 16, 2019, October 23, 2019, and October 31, 2019, in the
amounts of $2,398,733.62, $740,933.96, and $2,139,575.20, respectively.
AT TAC HM E NT S:
C laims and B ills
C laims and B ills
C laims and B ills
I T E M: 5.A .
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:Regular Agenda
Description:
P roclaim AV R, I nc., a B usiness L eader in Connection with A pple Valley's 50th Golden Year
Celebration
S taff Contact:
B ruce Nordquist, A I C P Community Development D irector
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
Proclaim AVR, Inc., a business leader in connection with Apple Valley's 50th golden year
celebration.
S UM M ARY:
Over the past year, as part of our 50th Golden Year Anniversary Celebration, staff has
invited notable Apple Valley businesses to come before the C ity C ouncil to be recognized
for their long-standing contributions to the community. T hese are businesses that have
contributed to the economic well-being of the City and have demonstrated a long-term
commitment to the vitality of the community and its residents.
T he C ity is very fortunate to have many such businesses which help to strengthen the fabric
of our community and contribute to our collective prosperity. While we have not been able
to honor all such businesses during the year, we hope that by highlighting some we have
demonstrated the important the role our businesses play in providing economic stability and
community vibrancy for us all.
AVR is the November recipient. For the last 50 years of A pple Valley, there has been sand
and aggregate mining in Apple Valley. What was five or six initial and distinct firms became
AVR, Inc., a dominant business in the industry led by the Fischer family. In addition to
material mining, housing subdivisions and shopping centers are an important part of AVR's
efforts to sculpt the land and create lasting value. A s leaders in the greater Twin C ity
aggregate industry, their demonstrated application of material science and their contribution
to the community they live and work in is notable and worthy of recognition.
T he proclamation follows their business growth and development and as a community
partner.
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:
Proclamation
Presentation
CITY OF APPLE VALLEY
WHEREAS, sometime after 1925, a family farming in Apple Valley discovered more rocks
than topsoil. That, in turn, led to the multiple sand and gravel aggregate mining businesses, concrete
products, product innovation, and their recognized leadership in that industry; and
WHEREAS, the Fischer family of companies goes by many names: Apple Valley Redi-mix,
(AVR), Apple Valley Sand and Gravel (AVSAG), Fischer Sand and Aggregate, the pit, and
Rockport, as their development arm, and the best single word they go by might be “successful”; and
WHEREAS, in the 50 years where the Fischers and the City have partnered, Mathias Fischer
and later Peter Fischer and Liza Robson, as brother and sister, became skilled at using raw materials
from the land, reclaiming and sculpting the land in an artistic way, and developing thriving places
where we live, work, shop, and recreate; and
WHEREAS, the locations they developed as subdivisions and business centers are well
known by many: Cedar Isles, Cortland, Quarry Ponds, or Fischer Marketplace. In addition, the
Fischers mined over 1,000 acres in Apple Valley and facilitated hundreds of homes to be built, even
reclaiming the land on which the Municipal Center and Western Service Center are now located; and
WHEREAS, when you speak of Peter Fischer, with support from Liza Robson, their
leadership in active mining means clean soils, storm water managed, innovative Insulated Concrete
Form construction, cement truck discharge collection systems, and MnDOT material specs
particularly designed to work with cold weather, and most importantly, using the land before it is
developed, a guiding principal in the Apple Valley Comprehensive Plan; and
WHEREAS, when you speak of Liza Robson, with support from Peter Fischer, their highest
and best-use philosophy drives development in the 400 acres remaining as a “mixed business
campus” and recognition by the Business Journal as the largest up and coming area for development
called “Orchard Place”; and
WHEREAS, with the power of “yes”, as challenging as it may sometimes appear, the City,
AVR, and Rockport are advancing pure potential into a legacy for the next 50 years and something
very special in Apple Valley.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Apple
Valley, Dakota County, Minnesota, hereby recognizes:
“AVR, INC”
as a well-established business leader demonstrating on-going excellence in mining and business
development during Apple Valley’s celebration of its 50 Golden Years.
PROCLAIMED this 14th day of November, 2019.
ATTEST: Mary Hamann-Roland, Mayor
Pamela J. Gackstetter, City Clerk
11/14/2019
1
City of Apple Valley
50th Golden Year Proclamation
AVR, Inc.
November 14, 2019
41 Years 7 Years 20 Years
9Years 30 Years
50+ Years5 Years 18 Years
50 Years
11/14/2019
2
11/14/2019
3
11/14/2019
4
January 12, 2018
11/14/2019
5
Pure Potential at the Orchard Place Site
Orchard Place is “definitely the
biggest development we have right
now. It’s probably the biggest
development in the Twin Cities”
Business Journal
11/14/2019
6
Overall Site Plan
11/14/2019
7
City of Apple Valley
50th Golden Year Proclamation
AVR, Inc.
I T E M: 5.B .
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:Regular Agenda
Description:
L eague of Minnesota C ities Presentation
S taff Contact:
Tom L awell, City Administrator
D epartment / D ivision:
A dministration Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
League of Minnesota C ities (LMC ) Executive Director Dave Unmacht has asked for a few
minutes on the N ovember 14, 2019, agenda to address the C ity Council. Dave Unmacht has
been the Executive Director of the LMC since August 2015. Prior to this role, he was
Senior Vice President of Springsted's Organizational Management/Human Resources group
for over six years. He is a long time local government professional with more than 15 years
of county administrative experience, having worked for Scott (C ounty Administrator) and
Dakota (Deputy C ounty Administrator) counties. He also has extensive municipal
experience having worked as C ity Manager in Prior Lake and C ity Administrator in Belle
Plaine, Minnesota.
B AC K G RO UND :
T he LMC is a membership organization dedicated to promoting excellence in local
government. T he LMC serves its more than 800 member cities through advocacy, education
and training, policy development, risk management and other services.
T he LMC was founded in 1913 by a special law passed by the Minnesota Legislature. It
was initially a part of the Extension Division of the University of Minnesota. In 1974, the
LMC became an independent organization. T he C ity of Apple Valley has been a member of
the LMC since the incorporation of the City 50 years ago and has benefited greatly from
their effective advocacy, expert analysis and trusted guidance over the years.
B UD G E T I M PAC T:
N/A
I T E M: 5.C.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:Regular Agenda
Description:
P ennock Center, 7668 150th S treet W.
S taff Contact:
A lex Sharpe, P lanner and E conomic Development
S pecialist
D epartment / Division:
C ommunity D evelopment Department
Applicant:
J ava C apital P artners, L L C
P roject Number:
P C19-13-C V B
Applicant Date: 7/26/2019 60 Days: 9/24/2019 120 Days: 11/23/2019
AC T I O N RE Q UE S T E D:
1. Adopt resolution approving a conditional use permit for a drive-through in association
with a C lass III Restaurant.
2. Adopt resolution approving a 22' (50' to 28') building setback variance on the north
property line.
3. Adopt resolution approving a 9' (15' to 6') parking setback variance on the north and
west property lines.
4. Adopt resolution approving site plan/building permit authorization for a 6,100 sq. ft.
building.
S UM M ARY:
T he petitioners, J ava Capital Partners, LLC and property owners of 7668 150th St. W.,
request consideration for a C onditional Use Permit (C UP) for a drive through, setback
variances for parking and the building structure, and site plan review/building permit
authorization for a 6,100 sq. ft. retail building. T he site is located in a "RB" (Retail
Business) zone in the southeast corner of C SA H 42 (150th St. W) and Pennock Avenue.
Project Overview: T he petitioner proposes to develop a 6,100 sq. ft. retail building with
three tenants and with a C UP for a drive through that will serve a coffee user. T he other two
tenants have yet to be identified. T he applicant noted in their application that they intended to
lease to a nail salon and a quick service restaurant. T he applicant proposes to demolish the
existing structure, the former home of Liberty C redit Services which has been vacant for a
number of years. A ccess to the site will remain through the existing Regency C enter drive off
of Pennock Avenue and is proposed to have a one-way site configuration.
Zoning/Conditional Use Permit: T he site is zoned "RB" (Retail Business), the C ity's most
prevalent retail district in the downtown. Drive-throughs in association with a Class-III
restaurant are listed as a conditional use within the zone. C onditional uses are permitted
within the zoning district by C UP, which allows the C ity C ouncil to place reasonable
conditions to offset potential impacts created by the use.
Site Plan: T he site is constrained by size, shape, and a large utility easement for a public
sewer. T he property owner has sought several site plan iterations in an attempt to overcome
these constraints, and received a C UP and site plan approval from the C ity in 2016. T hese
approvals were not utilized by the applicant within one year, and have since lapsed. Due to
the site constraints, unique shape, and limited access, the Planning C ommission and staff
have recommended the setback variances for parking, and the building.
Site Traffic/ One Way: One of the principal constraints of the site was access and traffic
flow. T he odd shape of the parcel and C ity easements limit the building location and size.
T he applicant, working closely with the C ity Engineer, has developed a one-way traffic
design that allows for the building size sought by the applicant, meets parking requirements,
and is recommended by the City Engineer. T he site plan proposes that all customer traffic
enter the site in a one-way shared by the drive-through to access the parking and front of the
building.
Site Parking: D ue to the size of the building and the limited parking field, staff and the
Planning Commission expressed concerns about the parking demand. T he applicant has
amended their original application, removing a second restaurant and replacing it with a retail
business which has lower parking demand than a restaurant. With this change, staff and the
Planning C ommission recommended approval of the site plan.
Landscaping: All of the right-of-way trees along C SA H 42 are to be preserved during the
development of the site. T he site is sparsely planted with three existing trees, one of which is
already in poor condition. T he applicant will be required to meet the 2 1/2% means building
cost for landscaping per C ity Code.
B AC K G RO UND :
Comprehensiv e P lan and Zoning
T he site is guided "C " (C ommercial) and is zoned "RB" (Retail Business). A C lass III
Neighborhood Restaurant is consistent with the C omprehensive Plan guiding and the retail
business zoning. T he C omprehensive Plan provides guidance and states the following:
The C ity recognizes that market f orces, suitability of buildings and sites, and other f actors
will continue to create opportunities f or redevelopment. The C ity will work with property
owners to f acilitate redevelopment that enhances the community and helps achieve the
objectives of the plan.
Class III restaurants are neighborhood oriented and include users such as coffee shops,
doughnuts, bagels, or sandwiches. A drive-through in association with any of these uses
requires a C UP and must meet C UP requirements.
Site P lan
As noted previously, the applicant has worked with staff, and produced a plan that circulates
interior traffic in a one-way direction, similar to other challenging sites in town. T his requires
that all users utilize the drive-thru escape lane as the primary traffic lane through the site, but
also removes the interior conflicts present in the 2016 and more recent site proposals. To
accommodate one-way traffic the parking stalls are angled, which along with striping and
signage will help guide users to utilize the correct traffic flow.
Setback Variances
T hree variances are proposed on the site, one building setback from the northern property
line, and two parking setback variances. C ity code requires a 50' building setback adjacent to
arterial roadways, such as C S A H 42. However, the C ity has permitted variances to this
setback in the past in cases of redevelopment, or when adding an additional building/parcel to
an existing site.
In addition to the building setback variance, two parking setback variances are requested. A
15' parking setback is required when adjacent to a roadway. A 8.5' variance is requested
along Pennock Ave, and an 8' variance is requested along C S A H 42. Staff has evaluated
future right-of-way (RO W) needs for Pennock Ave, and there will not be any conflict with the
parking lot. Dakota C ounty has expressed the need for additional RO W for C SA H 42,
however there are several structures adjacent to this site that have similar setbacks to the
proposal. Perkins for example is setback approximately 26' and free standing signs in the
area are setback 0'. At this time D akota C ounty has not identified where it will require the
future additional RO W.
Building E lev ation P lans
T he exterior elevations indicate that the building materials will meet the C ity's Downtown
Design Guidelines with stone, anodized aluminum, and EIF S panels. In response to the
Planning C ommission and staff's comments, the applicant has significantly added stone
veneers to the building faces.
Site Utilities
T he applicant is proposing to treat stormwater through an underground system. T he design of
this system will be required to be approved by the C ity Engineer and a maintenance
agreement will be required.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
R esolution
R esolution
R esolution
Map
Elevations
Plan S et
Elevations
Site P lan
Memo
Memo
Presentation
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-___
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR A DRIVE-THROUGH WINDOW IN CONJUNCTION WITH A CLASS III
RESTAURANT LOCATED IN A “RB” (RETAIL BUSINESS) ZONE
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the
City; and
WHEREAS, said regulations provide that a drive-through window as regulated in Section
155.157 (M) of the city code may be allowed within the confines of a Retail Business (RB) zoning
district and in accordance with specific performance standards, as a conditional use; and
WHEREAS, approval of a Conditional Use Permit for a drive-through window has been
requested by Java Capital Partners, LLC, the fee owner of property (“Owner”) located at 7668
150th Street W., Apple Valley, MN and legally described as Lot 1, Block 1, Apple Valley
SQUARE 2ND ADDITION (“Property”); and
WHEREAS, review of such Conditional Use Permit request to determine its conformance
with the applicable regulations and performance standards has occurred at a public hearing held on
September 4, 2019, and closed on October 2, 2019; and
WHEREAS, the Apple Valley Planning Commission recommended approval of such
Conditional Use Permit subject to certain conditions on October 2, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that a Conditional Use Permit for a drive-through window within a
Retail Business (RB) zone be approved subject to compliance with all applicable City codes and
standards, and the following conditions:
1. Construction shall occur in conformance with the site plan dated September 24, 2019.
2. All signage associated with the drive-through window service shall adhere to Section
154.04 (J)(1)(2)(3)(4)(5) by separate review and approval.
3. Site uses shall comply with parking requirements. Potential uses may be limited by
overall site parking requirements.
4. If the use allowed by the Conditional Use Permit is not completed or utilized within
one (1) year of the date of approval, the permit shall become null and void.
5. The Conditional Use Permit may be revoked for cause if the terms of (1) through (4)
preceding are not adhered to.
2
ADOPTED this 14th day of November, 2019.
_________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true
and correct copy of a resolution adopted by the City Council on November 14, 2019, the original
of which is in my possession, dated this _____day of ______________________, 20 .
____________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2019 -
A RESOLUTION APPROVING A 22’ BUILDING SETBACK VARIANCE
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the
City; and
WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by
the City Council from the literal provisions of the zoning regulations where unique conditions exist
which do not apply to the area in general; and
WHEREAS, Java Capital Partners, LLC, is the fee owner of property (“Owner”) located at:
7668 150TH Street W., Apple Valley, MN and legally described as Lot 1, Block 1, APPLE
VALLEY SQUARE 2ND ADDITION (“Property”) and has applied for a building setback
variance on said lot; and
WHEREAS, the Property is zoned “RB” (Retail Business); and
WHEREAS, Apple Valley City Code § 155. APPENDIX C, specifically governing
minimum parking and building setbacks, states that the building setback in a “RB” (Retail
Business) zone shall be 50’ along principal or minor arterial streets; and
WHEREAS, the applicant has made application for a 22’ building setback variance from
the northern property line, bordering on CSAH 42, allowing the building to setback 28’ from the
north property line; and
WHEREAS, the Apple Valley Planning Commission reviewed the variance request at a
public meeting held on October 2, 2019, and made the following determination:
1. The City’s Comprehensive Plan encourages redevelopment of existing
underutilized retail sites.
2. The site is a redevelopment of an existing parcel, which creates unique
challenges.
3. The site is constrained by large easements, small parcel size, limited access, and
non-conventional parcel shape
4. The redevelopment of this site presents unique challenges to the applicant due to
the constraints.
5. Conditions placed on the variance will mitigate any negative impacts.
2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the variance listed above is hereby approved, subject to all
applicable City Codes and standards, and the following conditions:
1. If the Building Permit for the construction of the building expansion is not issued
(with payment of permit fee) within one (1) year of the date of approval, the
variance shall lapse.
2. Construction shall occur in conformance with the site plan, dated September 24,
2019, on file in City offices.
3. Approval of the variance is subject to approval of the Conditional Use Permit for a
drive-through on Lot 1, Block 1, APPLE VALLEY SQUARE 2ND ADDITION.
BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of
the construction plans with the Minnesota State Building Code, as determined by the Apple Valley
Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple
Valley Fire Marshal.
ADOPTED this 14th day of November, 2019.
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
3
CERTIFICATE
I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and
correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota
County, Minnesota, on the 14th day of November, 2019.
________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2019 -
A RESOLUTION APPROVING PARKING SETBACK VARIANCES FROM THE
WEST AND NORTH PROPERTY LINES AT 7668 150TH ST. W.
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the
City; and
WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by
the City Council from the literal provisions of the zoning regulations where unique conditions exist
which do not apply to the area in general; and
WHEREAS, Java Capital Partners, LLC, is the fee owner of property (“Owner”) located at:
7668 150th Street W., Apple Valley, MN and legally described as Lot 1, Block 1, APPLE
VALLEY SQUARE 2ND ADDITION (“Property”) and has applied for parking setback variances
on said lot; and
WHEREAS, the Property is zoned “RB” (Retail Business); and
WHEREAS, Apple Valley City Code § 155. APPENDIX C, specifically governing
minimum parking and building setbacks, states that the parking setback in a “RB” (Retail
Business) zone shall be 15’ when abutting public streets; and
WHEREAS, the applicant has made application for a 9’ parking setback variance from the
northern property line, bordering on CSAH 42, and a 9’ parking setback variance from the west
property line, bordering on Pennock Ave; and
WHEREAS, the Apple Valley Planning Commission reviewed the variance requests at a
public meeting held on October 2, 2019, and made the following determination:
1. The City’ Comprehensive Plan encourages redevelopment of existing
underutilized retail sites.
2. The site is a redevelopment of an existing parcel, which creates unique
challenges.
3. The site is constrained by large easements, small parcel size, limited access, and
non-conventional parcel shape
4. The redevelopment of this site presents unique challenges to the applicant due to
the constraints.
2
5. The variances will not impact established future right-of-way needs.
6. Conditions placed on the variance will mitigate any negative impacts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the variance listed above is hereby approved, subject to all
applicable City Codes and standards, and the following conditions:
1. If the Building Permit for the construction of the building expansion is not issued
(with payment of permit fee) within one (1) year of the date of approval, the
variance shall lapse.
2. Construction shall occur in conformance with the site plan, dated September 24,
2019, on file in City offices.
3. Approval of the variance is subject to approval of the Conditional Use Permit for a
drive-through on Lot 1, Block 1, APPLE VALLEY SQUARE 2ND ADDITION.
BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of
the construction plans with the Minnesota State Building Code, as determined by the Apple Valley
Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple
Valley Fire Marshal.
ADOPTED this 14th day of November, 2019.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
3
CERTIFICATE
I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct
copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County,
Minnesota, on the 14th day of November, 2019.
________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR
PENNOCK CENTER AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has
adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses
throughout the City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, and multiple residential uses require the specific review and approval of development
plans by the Apple Valley Planning Commission and City Council; and
WHEREAS, approval of such a building permit issuance has been requested for the
above referenced project; and
WHEREAS, the building permit shall be applicable to land legally described as Lot 1,
Block 1, APPLE VALLEY SQUARE 2ND ADDITION; and
WHEREAS, the Apple Valley Planning Commission has reviewed the development plans
and made a recommendation as to their approval at a public meeting held on October 2, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the issuance of a building permit for the redevelopment
of 7668 150th St. W. for an approximately 6,100 retail building. is hereby authorized, subject to
the following conditions:
1. If the Building Permit is not paid for and issued within one (1) year of the date of
approval, the approval shall lapse.
2. Approval of the Site Plan/Building Permit Authorization is subject to approval of
the Conditional Use Permit for a drive-through on Lot 1, Block 1, APPLE VALLEY
SQUARE 2ND ADDITION.
3. Construction shall occur in conformance with the site plans dated September 24,
2019, on file with at City offices and attached to this resolution.
4. Construction shall occur in conformance with the landscape plan dated September 24,
2019; subject to submission of a detailed landscape planting price list for verification
of the City’s 2½% landscaping requirement at the time of building permit application.
5. Site grading shall occur in conformance with a Natural Resources Management Plan
(NRMP) which shall include final grading plan to be submitted for review and
approval by the City Engineer.
2
6. The infiltration basin shall be constructed in conformance with City standards and
approval by the City Engineer.
7. The property owner shall execute a maintenance agreement or other suitable
agreement to be filed with the deed that ensures the perpetual maintenance of all
onsite infiltration areas.
8. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks
with deflector shields which confines the light to the property.
9. Subject to all conditions noted in the Building Official's memo dated August 27,
2019.
10. Subject to all conditions noted in the City Engineer's memo dates November 4, 2019.
11. Approval of a signage plan is not included with this site plan and building permit
authorization. A separate application and signage plan in conformance with the
sign regulations must be submitted for review and approval to the City prior to
the installation of any signs.
12. Construction shall occur in conformance with the architectural plans dated September
23, 2019, subject to minor revisions.
13. Wayfinding signage shall be installed per the wayfinding installation plan dated
September 23, 2019, subject to revisions required by the City Engineer.
14. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to
7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the
hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on
Sundays or federal holidays.
15. Earthmoving activities shall not occur when wind velocity exceeds thirty (30)
miles per hour. Watering to control dust shall occur as needed and whenever
directed by the Apple Valley Building Official or Zoning Administrator.
16. Issuance of a Building Permit and a final certificate of occupancy is
contingent upon the project being constructed in conformance with all the
preceding conditions as well as all applicable performance standards of the
current zoning regulations. In the event that a certificate of occupancy is
requested prior to completion of all required site improvements, a suitable
financial guarantee in the amount of 125% of the estimated cost of the
unfinished improvements shall be required along with an agreement
authorizing the City or its agents to enter the premises and complete the
required improvements if they are not completed by a reasonably stipulated
deadline, with the cost of such City completion to be charged against the
financial guarantee.
17. The ongoing use and occupancy of the premises is predicated on the ongoing
3
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans or
required site improvements shall occur without the express authorization of the
City. Site improvements which have deteriorated due to age or wear shall be
repaired or replaced in a timely fashion.
BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley that such
issuance is subject to a finding of compliance of the construction plans with the Minnesota State
Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State
Uniform Fire Code, as determined by the Apple Valley Fire Marshal.
ADOPTED this 14th day of November, 2019.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
4
CERTIFICATE
I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a
true and correct copy of a resolution adopted by the City Council on November 14, 2019, the
original of which is in my possession, dated this day of , 20 .
Pamela J. Gackstetter, City Clerk
SITE
FIRESTONE
LEEANN CHIN
WHITE CASTLE
CHIPOTLE
APPLE VALLEY SQUARE
GRACE
LUTHERAN
CHRUCH
150TH ST W
PENNOCK LNHOOVER LNFRONTAGE RD
JONATHAN DR PENNOCK AVEGRANADA AVE150TH ST W
Dakota County GIS
PENNOCK CENTER
7668 150TH STREET
µ
LOCATION MAP ^
SITE
147TH ST W
150TH ST W
CEDAR AVE153RD ST W
149TH ST W
FIRESIDE DR
PENNOCK LNGLENDA DRPENNOCK AVEJONATHAN DR GRANADA AVE148TH ST W
MC
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S
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HARALSON DR
FRONTAGE RD
HOOVER LNCEDAR AVE150TH ST W
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R-3
R-3R-3
R-3
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PENNOCK CENTER
ZONING MAP
Ê
OBLIQUE AERIAL
SITE
City of
MEMO
Building Inspections
TO: Alex , Planning and Econ Dev Specialist 1
FROM: George Dorn, Building Official
DATE: August 27, 2019
SUBJECT: 7668 150th Coffee Drive-thru at Pennock
• A SAC determination is required from Met Council prior to permit issuance from the city.
The occupant load for the outdoor seating will also need to be included in the
determination.
• Geotechnical report boring log and Special Inspector Agreement is required prior to permit
and soil corrections on site.
• Submit plans to Minnesota Department of Labor, Plumbing Division for review of proposed
plumbing, roof drainage, sanitary and storm design.
• Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in
accordance with Table 1-A on plans issued for permit.
• Separate sign permits are required. Structural drawings will be required for review.
• The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire
Protection systems. This section would require the building to have an automatic sprinkler
system installed based on occupancy type and square footage.
• Allowable area and building heights will be determined once the code analysis has been
completed.
• A grease interceptor will be required for this project per City Ordinance Chapter 51.08 (B)
(d).
• Occupant loads for calculating occupancy and plumbing fixture counts shall be in
accordance with the 2015 MSBC Section 1004. In addition the accessible parking counts
will be determined by the total number of parking stalls.
City of
MEMO
Public Works Department
TO: Alex Sharpe, Planner
FROM: Brandon Anderson, City Engineer
DATE: November 4, 2019
SUBJECT: 7668 150th Street West – Pennock Center
Alex, following is comments on the Pennock Center site plan Revised October 14, 2019. Please
include these comments as conditions to approval.
General
Provide a narrative and site plan showing how the expansion will be constructed and any
impacts prior to building permit authorization. The narrative and plan shall include the
following:
o Material storage and staging
All material storage to be onsite and indicated on plan.
o Haul routes to and from the site.
o Contractor and subcontractor parking locations
Onsite trade parking should be provided.
Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution
Control Agency, Met Council, Department of Labor and any other required permits prior to
Building permit authorization.
A Natural Resource Management Permit (NRMP) will be required prior to any land
disturbing activity commences.
Site
Proposed use is consistent with previous applications and traffic study needs. No
additional mitigation is required on Pennock Avenue. The previous Traffic Impact Study
indicates the need for a WB left and right leaving the site in the shared entrance off
Pennock has been provided on the site plan. Striping plans and layout shall be approved by
City Engineer.
Proposed parking layout or relocated utility pad does not encroach into future ROW needs
along Pennock Avenue.
A 30’ drainage and utility easement shall be provided over the existing public sanitary
sewer.
Underground Infiltration Basin Construction and Maintenance Agreement will be
required as part of Development Agreement and be privately owned and maintained.
Additional one way traffic markings may be necessary at drive-through lane and exit. It is
recommended that the drive thru lane contain “Drive Thru” markings be added as part of
site striping and signage plans. It is recommended that the exit lane be additionally marked
“EXIT ONLY” to better delineate one directional ingress/egress.
Storm Drainage and Grading
Provide soil borings at proposed underground basin prior to building permit approval.
Erosion Control
All Previous Comments have been addressed
Utilities
Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans
and approved by City Engineer.
Provide storm sewer calculations for storm water requirements. (Rational method including
Hydraulic grade lines).
Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final
construction plans and approved by City Engineer.
The existing sanitary sewer and water service should be identified on the plans and shown
as either removed or abandoned in place. The existing sanitary wye shall be capped as part
of the removal/abandonment.
Valves should be shown in the pavement area and not near the building on the patio for
accessibility by Utility Staff.
Natural Resources
Protect trees in Dakota County right-of-way throughout construction. These young trees
were replacements provided by Dakota Electric Association.
One maple tree proposed to be protected on the western edge should be removed – it is
split and may be considered hazardous.
The three proposed Black Hills Spruce will be 30’+ wide upon maturity. Substitute a
narrower species or alter the planting location – if the maple is removed there is more
green space available.
11/14/2019
1
7668 150th Street
PennockPlace
City Council Meeting of November 14, 2019
Requested Actions
1.Adopt resolution approving a conditional use permit for a
drive‐through in association with a Class III Restaurant.
2.Adopt resolution approving a 22' (50' to 28') building
setback variance on the north property line.
3.Adopt resolution approving a 9' (15' to 6') parking setback
variance on the north and west property lines.
4.Adopt resolution approving site plan/building permit
authorization for a 6,100 sq. ft. building.
11/14/2019
2
Area Map
Comprehensive Plan
11/14/2019
3
Zoning Map
Oblique Aerial Photo
SITE
11/14/2019
4
Site Demolition
Site Plan
11/14/2019
5
Site
Directional
Plan
Utility Plan
11/14/2019
6
Landscape Plan
Fire Vehicle Operations
11/14/2019
7
Color Elevation
Building Elevations
11/14/2019
8
Interior Layout
Requested Actions
1.Adopt resolution approving a conditional use permit for a
drive‐through in association with a Class III Restaurant.
2.Adopt resolution approving a 22' (50' to 28') building
setback variance on the north property line.
3.Adopt resolution approving a 9' (15' to 6') parking setback
variance on the north and west property lines.
4.Adopt resolution approving site plan/building permit
authorization for a 6,100 sq. ft. building.
11/14/2019
9
Existing Conditions
11/14/2019
10
Parking and Interior Seats
Interior Seats vs. Sq. ft
Business Seats Sq.ft Parking Spaces Available
Proposed Coffee 20 2036
37Proposed QSR 40 2036
Nail Salon 14* 2036
Starbucks at 147th/Cedar 32 2300
37
Caribou at Cobblestone 51 1881
50+
Panda Express 58 2357
63
5 guys Burnsville 51 2508
39
Jersey Mikes 34 2586
39
Jimmy Johns 26 1846
50+
* parking spaces at 1 per 150 sq. ft.
Site Plan
I T E M: 5.D.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:Regular Agenda
Description:
A ccept Resignation of Parks and Recreation Advisory Committee Member B oyd Montgomery
and Authorize R eceipt of A pplications through December 31, 2019, to F ill Vacancy
S taff Contact:
P amela J . G ackstetter
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Accept the resignation of Parks and Recreation A dvisory C ommittee Member Boyd
Montgomery, direct staff to post the vacancy, and invite individuals interested in serving on
the Parks and Recreation Advisory C ommittee to submit an application to the C ity C lerk by
December 31, 2019.
S UM M ARY:
Committee Member Boyd Montgomery notified the C ity of his resignation from the Parks
and Recreation Advisory C ommittee, effective December 1, 2019. Because this will create
a vacancy, the Council may wish to extend an invitation to individuals interested in serving
on this C ommittee to submit an application to the C ity C lerk by D ecember 31, 2019. A
draft announcement regarding the vacancies is attached for your review. An appointment
could then be made in J anuary.
B AC K G RO UND :
T his seven-member Advisory Committee is a standing committee with the responsibility to
advise the City Council on matters pertaining to the planning and development of parks,
trails, and open space, including but not limited to: zoning amendment requests or proposed
housing developments that may affect C ity parks or park and trail needs, and park
development bond issues. T he C ommittee shall also serve as the initial forum for
consideration of citizen concerns related to the C ity’s park and trail systems. T he Parks and
Recreation Advisory C ommittee votes on recommendations, which are then sent to the C ity
Council for consideration. T his C ommittee generally meets on the first T hursday in J anuary,
March, May, September, and November, beginning at 7:00 p.m., at the Apple Valley
Municipal C enter.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Notice
City of
MEMO
City Clerk’s Office
CITY OF APPLE VALLEY
ANNOUNCEMENT OF PARKS AND RECREATION ADVISORY COMMITTEE VACANCY
A vacancy currently exists on the City of Apple Valley’s Parks and Recreation Advisory
Committee for a three-year term expiring March 1, 2021. This seven-member Advisory Committee
is a standing committee with the responsibility to advise the City Council on matters pertaining to the
planning and development of parks, trails, and open space, including but not limited to: zoning
amendment requests or proposed housing developments that may affect City parks or park and trail
needs, and park development bond issues. The Committee shall also serve as the initial forum for
consideration of citizen concerns related to the City’s park and trail systems. The Parks and
Recreation Advisory Committee votes on recommendations, which are then sent to the City Council
for consideration. This Committee generally meets on the first Thursday in January, March, May,
September, and November, beginning at 7:00 p.m., at the Apple Valley Municipal Center.
The City Council will fill this vacancy by appointment. Persons interested in submitting their
name for consideration must file an application with the City Clerk by 4:30 p.m., by Tuesday,
December 31, 2019. Application forms can be obtained on the City’s website at
www.cityofapplevalley.org or at the office of the Apple Valley City Clerk, at 7100 147th Street W.,
Apple Valley, Minnesota 55124, or by calling 952-953-2506.
DATED this 14th day of November, 2019.
BY ORDER OF THE CITY COUNCIL
Pamela J. Gackstetter
City Clerk
I T E M: 7.
C O UNC I L ME E T I NG D AT E:November 14, 2019
S E C T I O N:Calendar of Upcoming E vents
Description:
A pprove Calendar of Upcoming Events
S taff Contact:
S tephanie Marschall, Deputy City Clerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve the calendar of upcoming events as listed in the summary below, and noting each
event listed is hereby deemed a Special Meeting of the C ity Council.
S UM M ARY:
Day/Date Time L ocation Ev ent
Mon./Nov. 11 C ity Offices C losed Veteran’s Day
Mon./Nov. 11 8:15-10:00 a.m.A pple Valley
High School Veteran’s Day Celebration
Tue./Nov. 12 11:00 a.m.Livea Chamber Ribbon C utting
Wed./Nov. 13 5:00-7:00 p.m.G randStay Hotel Chamber C ounty-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 C ity Council
Meeting
T hur./Nov. 14 7:00 p.m.Municipal Center Special Regular City C ouncil
Meeting
Fri./Nov. 15 11:00 a.m.Pure Barre Chamber Ribbon C utting
Nov. 20-23 San Antonio, T X National League of C ities
City Summit
Wed./Nov. 20 11:45 a.m.-1:00
p.m.G randStay Hotel Chamber Mix & Munch Lunch
Tue./Nov. 26 6:15 p.m.Municipal Center Holiday Tree Lighting
Ceremony
Tue./Nov. 26 7:00 p.m.Municipal Center Regular C ity C ouncil Meeting
T hur./Nov. 28 C ity Offices C losed T hanksgiving Day
Fri./Nov. 29 C ity Offices C losed Day A fter T hanksgiving Day
B AC K G RO UND :
Each event is hereby deemed a Special Meeting of the C ity C ouncil, the purpose being
informational or social gathering. Only events marked with an asterisk (*) will any action of
the Council take place.
B UD G E T I M PAC T:
N/A