HomeMy WebLinkAbout12/26/2019 Meeting
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
December 26, 2019
C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A
7:00 P M
1.C all to Order and Pledge
2.Approve Agenda
3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.Approve Minutes of December 12, 2019, Regular Meeting
B.Adopt Resolution Accepting Cash Donation from NuRise, LLC, d/b/a
Senior Helpers, for Use by Parks and Recreation Department
C .Approve State Gambling Exempt Permit for Apple Valley Boys Baseball
Booster C lub, at Rascals Apple Valley Bar & Grill, 7721 147th Street
W., on February 17, 2020
D.Approve State Gambling Exempt Permit for Minnesota Darkhouse &
Angling Association Metro C hapter, at Apple Valley American Legion,
14521 Granada Avenue, on March 21, 2020
E.Approve State Gambling Exempt Permits for Apple Valley Sons of the
American Legion, Squadron 1776, at Apple Valley American Legion
1. February 8, 2020
2. April 11, 2020
F.Approve Changes in Officers and Manager for C hipotle Mexican Grill of
Colorado, LLC, d/b/a C hipotle Mexican Grill, in Connection with On-
Sale Wine and 3.2 Percent Malt Liquor Licenses at 7638 150th Street W.
G.Approve Renewal of Licenses and Permits for 2020
H.2019 Fund Balance Designation and 2019-2020 Budget Amendments
1. Adopt Resolution C ommitting December 31, 2019, Fund Balances
for 2019 Financial Statement Purposes
2. Adopt Resolution Amending 2020 Budget for Specific Items and
Uncompleted 2019 Projects
I.Adopt Resolution Amending 2019 Operating Budget for Specific Items
J .Approve Release of Natural Resources Management Permit Financial
Guarantees
K.Approve Procedures for Administering C ity Hall - Lower Level Buildout
Project C hange Orders
L.Authorize Project 2020-113, Longridge Reservoir Rehabilitation
M.Approve Water Efficiency Grant Agreement with Metropolitan C ouncil
N.Adopt Resolution Approving Mutual Police Assistance Agreement for
Enforcement of Traffic Safety Laws
O.Approve Agreement with Building Restoration Corporation for Project
2019-164, Apple Valley C ommunity Center Masonry Restoration and
Grade Repairs
P.Approve Agreement with Birch Tree C are for Project 2020-114, 2020
Ash Tree Removals
Q.Approve Change Order No. 1 to Agreement with Recreation by Lemmie
J ones, LLC , for Project 2019-158, Apple Valley Family Aquatic C enter
Wet Play Area Improvements - Installation
R.Approve Change Orders to Project 2017-101, Valleywood Reservoir
Rehabilitation
1. Change Order No. 2 with SEH, Inc.
2. Change Order No. 3 with V&T Painting
S.Approve Acceptance and Final Payment on Agreement with McNamara
Contracting, Inc., for Project 2019-105, 2019 Street Improvements
T.Approve 2020-2021 Labor Agreement with LELS Local No. 71
U.Adopt Resolution Approving Changes to Pay and Benefit Plan for 2020
V.Approve Personnel Report
W.Approve Claims and Bills
5.Regular Agenda Items
A.Pass Ordinance Amending C hapter 95 of the C ity Code, Regulating
Alcohol at Valleywood Golf Course (Recommend waiving second
reading)
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Reminder: City Off ices are closed on Wednesday, January 1, 2020, in observance of New
Year ’s Day
Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and
on the C ity's website at www.cityof applevalley.org
I T E M: 4.A.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Minutes of December 12, 2019, Regular Meeting
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the minutes of the regular meeting of December 12, 2019.
S UM M ARY:
T he minutes from the last regular C ity C ouncil meeting are attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 12, 2019
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held December 12, 2019, at 7:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin, Grendahl, and Hooppaw.
ABSENT: Councilmember Bergman.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Police
Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Human
Resources Manager Haas, Finance Director Hedberg, Liquor Operations Director Heyne, City
Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Fire
Chief Russell, and Public Works Director Saam.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the
Pledge of Allegiance led by Scouts Abram Gordhamer and Ben Peterson from Troop 9508.
APPROVAL OF AGENDA
MOTION: of Hooppaw, seconded by Grendahl, approving the agenda for tonight’s meeting,
as presented. Ayes - 4 - Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda. No one requested to speak.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda
with no exceptions. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting
of November 26, 2019, as written. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to BV United Soccer Club,
for use on June 27, 2020, at Johnny Cake Activity Center, 14255 Johnny Cake
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 12, 2019
Page 2
Ridge Road, and waiving any waiting period for State approval. Ayes - 4 - Nays -
0.
MOTION: of Goodwin, seconded by Grendahl, approving a change in officer for
Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317 in
connection with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses, at 7394
153rd Street W., Suite 100, naming Carl Joseph Bachmann as President and
Tyrone Lewis Lufman as Senior Vice President and General Counsel, as
described in the City Clerk’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving renewal and issuance of On-Sale
3.2 Percent Malt Liquor Licenses for 2020, as attached to the City Clerk’s memo,
subject to receipt of the necessary documents. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving renewal of the licenses to sell
Tobacco or Tobacco Products for 2020-2021, as listed in the City Clerk’s memo,
subject to receipt of the necessary documents. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, setting the 2020 City Council meeting
schedule, in accordance with adopted policy on the second and fourth Thursdays
of each month unless the following Friday is a holiday, as listed in the City
Clerk’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, setting a special informal City Council
meeting, at 8:30 a.m., on March 6, 2020, at Camp Sacajawea Retreat Center, 5121
McAndrews Road, for the purposes of goal setting. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the 2020 rates for City Attorney
Services, as attached to the Assistant City Administrator’s memo. Ayes - 4 -
Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the reduction of financial
guarantee for Apple Valley Wasatch from $204,053.00 to $87,984.00, as listed in
the Community Development Department Assistant’s memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, accepting the Central Maintenance Facility
Space Needs Assessment Report, as attached to the Public Works Director’s
memo. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Asset
Sustainability Planning and Software Services with Ameresco, in the amount of
$58,975.00 plus annual support of $5,850.00, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 12, 2019
Page 3
MOTION: of Goodwin, seconded by Grendahl, approving the Community Waste Abatement
Grant Agreement with Dakota County and the Cities of Apple Valley, Burnsville,
Eagan, and Lakeville, d/b/a Dakota Valley Recycling for 2020 funding, as
described in the Assistant City Administrator’s memo, and authorizing the Mayor
and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2020-
111, 2020 Water Treatment Plant Chemicals, with Hawkins, Inc., in the amount
of $65,290.00, and authorizing the Mayor and City Clerk to sign the same. Ayes -
4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2019-
163, Well Pumps 6, 11, 20 and Low Zone Pump 4 Maintenance, with Keys Well
Drilling Company, in the amount of $107,645.00, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for 2020 Cleaning
Services with ProAct, Inc., as attached to the Parks and Recreation Director’s
memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -
Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2020-
112, 2020 Water Meter Reading Services, with RMR Services, LLC, in the
amount of $12,620.00, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the
agreement with Total Mechanical Services, Inc., for Project 2018-156, Apple
Valley Sports Arena 2019 Ice System Replacement, in the amount of an
additional $39,839.05. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in
the Personnel Report dated December 12, 2019. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the claims and bills check
registers dated, November 20, 2019, in the amount of $3,339,539.15 and
November 27, 2019, in the amount of $734,547.43. Ayes - 4 - Nays - 0.
END OF CONSENT AGENDA
APPLE VALLEY GOLF COURSE RE-DESIGNATION
Mr. Lovelace reviewed the request by Joel Watrud, owner of the Apple Valley Golf Course
located at 8661 140th Street W., for amendments to the City’s Comprehensive Land Use Map.
The applicant requested .5 acres of the 23-acre golf course be re-designated from “PR” (Private
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 12, 2019
Page 4
Recreation) to “LD” (Low Density Residential) and 22.5 acres be re-designated from “PR”
(Private Recreation) to “MD” (Medium Density Residential). The Planning Commission held a
public hearing on the request on October 16, 2019, and recommended denial of the request at its
meeting on November 6, 2019.
Mayor Hamann-Roland acknowledged that the City Council must act on the items before them
this evening, but it does not preclude future discussion regarding the offer letter from Mr. Coyle.
She stated she does not want to see medium density up against single-family homes along the
north boundary. She thinks the Low Density Flex Residential solution may help guide the City
so there is nothing other than low density adjacent to the single family lots. She said she has a
concern with the number of units that can be accommodated on the usable portion of land. She
believes the low-density residential properties surrounding the site should abut low-density
properties for consistency. She does not believe the medium-density designation is consistent
with the character of the surrounding neighborhood and she thinks 10 to 12 units per acre is
unreasonable for this site.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-164 affirming
the Planning Commission’s recommendation of the proposed amendments to the
Apple Valley Comprehensive Plan for property located at 8661 140th Street W.
Ayes - 4 - Nays - 0.
APPLE VALLEY GOLF COURSE 2040 COMPREHENSIVE PLAN AMENDMENT
Mr. Lovelace reviewed the request to consider an amendment to the City’s proposed 2040
Comprehensive Plan Land Use chapter re-designating the 23 acres of property, located at 8661
140th Street W., from “PR” (Private Recreation) to “LDF” (Low Density Flex Residential).
Mayor Hamann-Roland commended the Planning Commission for their exceptional work. She
stated she has a concern with the number of units that can be accommodated on the usable
portion of land. She believes the low-density residential properties surrounding the site should
abut low-density properties for consistency. She does not believe the medium-density
designation is consistent with the character of the surrounding neighborhood and she thinks 10 to
12 units per acre is unreasonable for this site. Earlier today, the Council learned the applicant
offered to sell the property to the City of Apple Valley for almost $5 million. She said the
Council needs time to process a big decision like that.
Councilmember Goodwin also reviewed the work done by the Planning Commission and
thanked them for the stellar job they did on an almost impossible mission.
Discussion followed.
MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2019-165
submitting an amendment to the Land Use Guide Map of the Comprehensive Plan
to the Metropolitan Council changing the designation of property located at 8661
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 12, 2019
Page 5
140th Street W. from “PR” (Private Recreation) to “LDF” (Low Density Flex
Residential), as recommended by the Planning Commission.
Councilmember Grendahl said she hopes everyone can appreciate there are priorities for
the City’s resources.
Councilmember Goodwin reminded everyone that in most cases, the City has
traditionally gone out for a park bond issue when it wants to acquire land.
Vote was taken on the motion: Ayes - 4 - Nays - 0.
2020 CITY BUDGET AND PROPERTY TAX LEVY
Mr. Hedberg presented the 2020 proposed budget and tax levy. He reviewed the budget
development process, on-going challenges, budget objectives and highlights. All properties in the
City received mailed notice of the Truth-in-Taxation meeting and the notice included the proposed
property taxes for 2020 based on preliminary budgets and tax levies approved in September. The
impact of the property tax levy on the 2020 median valued home of $277,700, that experienced a
7.0% increase in market value, will result in the City’s portion of property taxes increasing
approximately $55. The General Fund revenues and expenditures are $35,385,705. Mr. Hedberg
stated the final property tax levy for 2020 is $27,381,000, which is an increase of 3.91% or
$1,031,000 from 2019. He pointed out Apple Valley’s budget includes funding for the annual street
maintenance program and property owners are not specially assessed for these improvements.
Discussion followed.
Mayor Hamann-Roland said the budget is stable, predictable, and sustainable for taxpayers. She
then thanked staff for their work.
Discussion continued.
Mayor Hamann-Roland opened the public comment portion of the budget meeting at 8:08 p.m.
She asked for questions or comments from the public. There were none and the public comment
portion of the meeting was declared closed at 8:09 p.m.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-166
approving setting the City tax levy collectible in 2020 at $27,381,000 and
approving 2020 budgets with total revenue of $78,456,169 and expenditures of
$90,712,232. Ayes - 4 - Nays - 0.
TRANSFER FROM LIQUOR FUND TO GENERAL FUND
Mr. Hedberg introduced this item and provided a brief history regarding the transfer of funds
from the Liquor Fund to the General Fund.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 12, 2019
Page 6
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-167
approving the transfer of $660,000.00 from the Liquor Fund to the General Fund
for 2019. Ayes - 4 - Nays - 0.
2020 FEE SCHEDULE
Ms. Gackstetter reviewed the proposed Fee Schedule. Fee adjustments are proposed for the
cemetery, City fees and materials, consultant and engineering services, building inspections and
permits, licenses and permits, subdivision and development fees, utility fees, and zoning. The
fees would be effective January 1, 2020. She noted the proposed rates more accurately reflect
the City’s costs. Some changes were also recommended as a result of increased fees being
charged the City and some were increased according to the Engineering News Record cost index.
No comments from the public have been received regarding the proposed changes.
Mayor Hamann-Roland called the public hearing to order at 8:16 p.m. to consider the Fee Schedule
which sets fees and charges for various products and services effective January 1, 2020. The Mayor
asked for questions or comments from the Council and the audience. There were none and the
hearing was declared closed at 8:17 p.m.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-168
approving the 2020 Fee Schedule, by adjusting certain fees and charges effective
January 1, 2020. Ayes - 4 - Nays - 0.
ORDINANCE AMENDING PD-1053 REGULATING BUSINESS SIGNAGE IN ZONE I
Mr. Lovelace gave the first reading of an ordinance amending Planned Development No.
1053/Zone 1 building signage. Menard, Inc., is requesting amendments to Planned Development
Ordinance No. 1053 to allow for additional signage for their new Menards building materials
store, garden center, and lumberyard located at 6055 150th Street W.
MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading
and passing Ordinance No. 1068 amending Planned Development No.
1053/Zone 1 building signage. Ayes - 4 - Nays - 0.
ORDINANCE AMENDING PEDDLER & SOLICITOR REGULATIONS
Ms. Gackstetter gave the second reading of an ordinance amending Chapter 114 of the City Code
regarding peddler and solicitor regulations. The ordinance was prepared by the City Attorney.
No comments from the public have been received since the first reading on November 26, 2019.
MOTION: of Hooppaw, seconded by Grendahl, passing Ordinance No. 1069 amending
Chapter 114 of the City Code regarding peddler and solicitor regulations. Ayes -
4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 12, 2019
Page 7
TELECOMMUNICATIONS ADVISORY COMMITTEE VACANCY
Ms. Gackstetter reviewed her memo regarding the resignation of Telecommunications Advisory
Committee Member Dale Rodell, creating a vacancy on the Telecommunications Advisory
Committee with a term expiring March 1, 2020. She said the Council may wish to extend an
invitation to individuals interested in serving on this Committee to submit an application to the City
Clerk by January 17, 2020. An appointment could then be made in February.
MOTION: of Grendahl, seconded by Hooppaw, accepting the resignation of
Telecommunications Advisory Committee Member Dale Rodell and thanking him
for his dedicated service to the City of Apple Valley, directing staff to post the
Telecommunications Advisory Committee vacancy, and inviting individuals
interested in serving on the Committee to submit an application to the City Clerk
by January 17, 2020. Ayes - 4 - Nays - 0.
COMMUNICATIONS
Mayor Hamann-Roland noted that the recycling agreement with the Cities of Apple Valley,
Burnsville, Eagan, and Lakeville, and Dakota County was approved earlier this evening.
Mr. Lawell said the City is still looking for election judges to work in 2020 and encouraged those
interested in working to apply. He announced the Apple Valley Transit Station will be reopened
in phases, starting next week. More information regarding the opening can be found on the
City’s website.
CALENDAR OF UPCOMING EVENTS
MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events
as included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 8:30 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:December 26, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ccepting Cash Donation from NuRise, L L C, d/b/a S enior Helpers, for Use by
P arks and Recreation Department
S taff Contact:
B arry B ernstein, Parks and Recreation Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Adopt resolution accepting the cash donation from NuRise, LLC , d/b/a Senior Helpers for
use by Parks and Recreation Department toward sponsorship of the Senior C enter's
December 10, 2019, holiday party.
S UM M ARY:
NuRise, LLC , d/b/a Senior Helpers has offered to donate $200.00 toward the sponsorship of
the 2019 Senior C enter holiday party entertainment. A ttached, please find a proposed
resolution accepting the donation from NuRise, LLC , and thanking them for their generosity.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-___
A RESOLUTION ACCEPTING DONATION
WHEREAS, the City Council of Apple Valley encourages public donations to help defray
costs to the general public of providing services and improve the quality of life in Apple Valley;
and
WHEREAS, NuRise, LLC dba Senior Helpers has offered to donate $200.00 to be used
by the Parks and Recreation Department toward sponsorship of the Senior Center Holiday Party
entertainment; and
WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution approved by two-thirds of the
members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City.
BE IT FURTHER RESOLVED that the City sincerely thanks NuRise, LLC dba Senior
Helpers for their gracious donation.
ADOPTED this 26th day of December, 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:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove S tate Gambling Exempt P ermit for A pple Valley Boys B aseball Booster Club, at
Rascals Apple Valley B ar & Grill, 7721 147th Street W., on February 17, 2020
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve issuance of a lawful gambling exempt permit, by the State Gambling C ontrol Board,
to Apple Valley Boys Baseball Booster Club, for use on February 17, 2020, at Rascals
Apple Valley Bar & Grill, 7721 147th Street W., and waiving any waiting period for State
approval.
S UM M ARY:
Apple Valley Boys Baseball Booster C lub, submitted an application for a gambling event to
be held at Rascals Apple Valley Bar & Grill , 7721 147th Street W., on February 17, 2020.
T he application is on file should you wish to review it.
B AC K G RO UND:
Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar
year, for qualified nonprofit organizations, are issued by the State Gambling Control
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
B UD G E T I M PAC T:
N/A
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove S tate Gambling Exempt P ermit for Minnesota Darkhouse & Angling Association Metro
Chapter, at A pple Valley A merican L egion, 14521 Granada Avenue, on March 21, 2020
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve issuance of a lawful gambling exempt permit, by the State Gambling C ontrol Board,
to Minnesota D arkhouse & Angling Association Metro C hapter , for use on March 21, 2020,
a t Apple Valley American Legion , 14521 Granada Avenue, and waiving any waiting period
for State approval.
S UM M ARY:
Minnesota Darkhouse & Angling Association Metro C hapter , submitted an application for
a gambling event to be held at Apple Valley American Legion, 14521 Granada Avenue, on
March 21, 2020. T he application is on file should you wish to review it.
B AC K G RO UND:
Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar
year, for qualified nonprofit organizations, are issued by the State Gambling Control
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
B UD G E T I M PAC T:
N/A
I T E M: 4.E.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove S tate Gambling Exempt P ermits for A pple Valley Sons of the American L egion,
S quadron 1776, at Apple Valley American L egion
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve issuance of lawful gambling exempt permits, by the State Gambling Control Board,
to Apple Valley Sons of the American Legion, Squadron 1776, for use on February 8, 2020,
and April 11, 2020, at Apple Valley American Legion, 14521 Granada Drive, and waiving
any waiting period for State approval.
S UM M ARY:
Apple Valley Sons of the American Legion, Squadron 1776, submitted applications for
gambling events to be held at Apple Valley American Legion, 14521 Granada Drive, on:
1. February 8, 2020
2. April 11, 2020
T he applications are on file should you wish to review them.
B AC K G RO UND:
Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar
year, for qualified nonprofit organizations, are issued by the State Gambling Control
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
B UD G E T I M PAC T:
N/A
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Changes in Officers and Manager for Chipotle Mexican Grill of Colorado, L L C, d/b/a
Chipotle Mexican Grill, in Connection with On-Sale W ine and 3.2 Percent Malt L iquor L icenses at
7638 150th S treet W.
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the changes in officers and manager for C hipotle Mexican Grill of C olorado,
LLC, d/b/a C hipotle Mexican Grill, in connection with the On-Sale Wine and 3.2 Percent
Malt Liquor Licenses, at 7638 150th Street W., naming Helen Nicole Kaminski and Terry
Lynn Keller as LLC Managers, and Emily Rose Gregor as General Manager.
S UM M ARY:
Chipotle Mexican Grill of Colorado, LLC , d/b/a C hipotle Mexican Grill has
filed applications for a changes in officers and manager required in connection with its On-
Sale Wine and 3.2 Percent Malt Liquor Licenses, at 7638 150th Street W. Ms. Helen Nicole
Kaminski and Ms. Terry Lynn Keller are being named LLC Managers, and Ms. Emily Rose
Gregor is being named General Manager.
Personal information forms have been filed and the Police Department has conducted the
necessary background investigations. T he information is on file should you wish to review it.
B AC K G RO UND:
City C ode Section 111.34 provides for C ity Council approval of such changes and approval
of the change in officer is recommended.
B UD G E T I M PAC T:
N/A
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Renewal of L icenses and P ermits for 2020
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve renewal and issuance of licenses and permits for 2020 to licensees per the attached
list, subject to receipt of the necessary documents.
S UM M ARY:
Applications for 2020 renewal of various licenses and permits have been received from the
licensees listed on the attached page. T hey are issued on an annual basis, to terminate
December 31, 2019. When renewal applications are submitted before their expiration, the
businesses are authorized to continue to operate until they are either renewed or denied.
T he following applications have been reviewed and are in order to be approved by the
Council, subject to receipt of the necessary documents. T hey are available should anyone
wish to review them.
1 C attery Permit
17 Coin-Operated Amusement Device Licenses
21 Fuel Dispensing Facility Permits
2 Precious Metal Dealer Licenses
9 Refuse C ollection Licenses
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Background Material
2020 RENEWAL LICENSES AND PERMITS
City Council Meeting
December 26, 2019
Cattery
1. Lora M. Hanson, 4653 137th Street W.
Coin-Operated Devices
1. American Multi-Cinema, Inc., at AMC Classic Apple Valley 15, 15630 Cedar Avenue
2. Bros. Music & Games, Inc., d/b/a Midwest Coin Concepts, at Apple Valley American Legion, Post 1776,
14521 Granada Drive
3. Dean - Superior Vending Company, at AMC Classic Apple Valley 15, 15630 Cedar Avenue
4. Dean - Superior Vending Company, at Panino Brothers, 15322 Galaxie Avenue
5. Dean - Superior Vending Company, at PR’s Sports Bar, 14889 Florence Trail
6. Lieberman Companies, Inc., d/b/a American Amusement Arcades, at Rascal's Apple Valley Bar & Grill,
7721 147th Street W.
7. Mendota Valley Amusement, Inc., at Bogart’s Entertainment Center, 14917 Garrett Avenue
8. Mendota Valley Amusement, Inc., at Buffalo Wild Wings, 14658 Cedar Avenue
9. Mendota Valley Amusement, Inc., at Celts Craft House, 7083 153rd Street W.
10. Mendota Valley Amusement, Inc., at Crooked Pint Ale House, 15668 Pilot Knob Road
11. Mendota Valley Amusement, Inc., at Old Chicago, 14998 Glazier Avenue
12. Mendota Valley Amusement, Inc., at Pizza Ranch, 15662 Pilot Knob Road, 14998 Glazier Avenue
13. Michael Aspengren d/b/a Aspen Video and Vending, at Wild Bill’s Sports Saloon, 15020 Glazier Avenue
14. National Entertainment Network, LLC, at Cub Foods, 15350 Cedar Avenue
15. National Entertainment Network, LLC, at Denny’s Restaurant, 7805 150th Street W.
16. Theisen Vending, Inc., at Perkins Restaurant, 7620 150th Street W.
17. Theisen Vending, Inc., at Super World Buffet, 15050 Cedar Avenue
Fuel Dispensing Facilities
1. AVR, Inc., 15497 Pilot Knob Road
2. City of Apple Valley Central Maintenance Facility, 6442 140th Street W.
3. City of Apple Valley d/b/a Valleywood Golf Course, 4851 McAndrews Road
4. Crown Equipment Rental Co. Inc., 7661 146th Street W.
5. Dana Marathon, LLC, 14050 Pilot Knob Road
6. Dana Market, LLC, 14265 Essex Avenue
7. Dick's Valley Service, Inc., 6781 146th Street W.
8. Emperor Twyst, Inc., d/b/a Gardenview Shell, 206 County Road 42
9. Holiday Stationstores, LLC, 5980 149th Street W.
10. Independent School District #196, 14445 Diamond Path W.
11. Kath Fuel Oil Service Co., 15550 Cedar Avenue
12. Kwik Trip, Inc., d/b/a Kwik Trip #397, 15065 Dodd Boulevard
13. Kwik Trip, Inc., d/b/a Kwik Trip #406, 7545 145th Street W.
14. Kwik Trip, Inc., d/b/a Kwik Trip #421, 14941 Florence Trail
15. Kwik Trip, Inc., d/b/a Kwik Trip #695, 13357 Palomino Drive
16. Lampert Yards - US LBM, LLC, d/b/a Lampert Lumber, 14555 Galaxie Avenue
17. Minnesota Zoo Foundation, 13000 Zoo Boulevard
18. Northern Tier Retail, LLC, d/b/a Speedway, 15020 Garrett Avenue
19. Paradise Car Wash, LLC, 7600 145th Street W.
2
20. PRG Market, LLC, d/b/a Holiday Franchise Store 3802, 14113 Galaxie Avenue
21. River Country Cooperative d/b/a Speedway #4796, 15050 Galaxie Avenue
Precious Metal Dealers
1. Apple Valley Diamonds, LLC, d/b/a Apple Valley Diamonds, 14810 Granada Avenue
2. Jay F. Jeweler, Inc., d/b/a Jay F. Jeweler, 7587 148th Street W.
Refuse Collection
1. Advanced Disposal Services Solid Waste Midwest, LLC, 309 Como Avenue, St. Paul, MN
2. Allied Waste Services of North America, LLC, d/b/a Republic Services of the Twin Cities - Inver Grove
Heights, 4325 66th Street E., Inver Grove Heights, MN
3. Aspen Waste Systems, Inc., 2951 Weeks Avenue S.E., Minneapolis, MN
4. Buckingham Trucking, Inc., d/b/a The Buckingham Companies, 5980 Credit River Road S.E., Prior Lake, MN
5. Dick’s Sanitation Service, Inc., 8984 215th Street, Lakeville, MN
6. Highland Sanitation & Recycling, Inc., 20700 Donnelly Avenue, Farmington, MN
7. Nitti Sanitation, Inc., 1725 Meadow View Road, Eagan, MN
8. Randy’s Sanitation, Inc., d/b/a Randy’s Environmental Services, 4351 US Hwy 12 S.E., Delano, MN
9. Waste Management of Minnesota, Inc., 1901 Ames Drive, Burnsville, MN
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
2019 F und B alance Designation and 2019-2020 Budget Amendments
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
1. Adopt resolution committing December 31, 2019, Fund Balances for 2019 Financial
Statement purposes.
2. Adopt resolution amending 2020 Budget for specific items and uncompleted 2019
projects.
S UM M ARY:
Governmental Accounting Standards Board (G A SB) pronouncement 54 created a number of
different fund balance classifications. One of these classifications includes a committed fund
balance classification. T he committed classification requires that the City C ouncil take
formal action to commit December 31, 2019 fund balances prior to the end of the year. T he
commitment action taken by the C ity Council restricts the future purchases to these uses.
G A SB 54 provides that the exact dollar amounts may be calculated and assigned to the uses
subsequent to year end as long as the specific use was identified prior to year end.
Staff is seeking C ity C ouncil commitment of resources to complete some budgeted 2019
items that were not completed in 2019 or reassignment of savings experienced in 2019. T he
action taken at this time is to commit the fund balance for the specific purposes and add these
amounts to the 2020 budget. T his is similar to actions taken in prior years and includes
projects that were appropriated in the 2019 budget but will not be completed by year end.
B AC K G RO UND:
Please see the attached exhibit for additional information on each of the proposed items.
B UD G E T I M PAC T:
T he total amount committed of the 12-31-2019 General Fund Balance is $518,925. T he total
budget carryover request for all funds is $ 1,043,925.
AT TAC HM E NT S :
Executive Summary
Resolution
Resolution
Committing 2019 Fund Balance – Exhibit
BACKGROUND
Fire Department – Fire Training (1300-6276) Amount
The 2019 budget included a training session offered through Williams Fire and Hazard
Control in storage tank firefighting classes. A scheduling issue did not allow Assistant
Chief, Matt Nelson to attend this year and would like to have the funds carried over to
2020.
$3,900
Fire Department –Firefighter Health & Wellness–Fitness Equipment(1300-6211) Amount
The Fire Department would like to purchase workout equipment to place in the fire
stations for Firefighter health and wellness. The equipment would replace 2 machines
that are older and worn, as well as add a couple of new pieces for a variety of cardio-
workout options. Budget savings from a position vacancy in 2019 would fund these
purchases in early 2020. Station 1: rowing machine, $1800 and treadmill, $4500.
Station 2: Stairmaster step machine, $3400 and stationary bike, $3000. Station 3:
rowing machine, $1800 and treadmill, $4500.
$19,000
Human Resources – Desktop Scanner (1020-6211) Amount
Staff is requesting that a portion of 2019 budget savings in consultant services by
carried over to the 2020 budget to purchase a desktop scanner to be used at the front
desk in City Hall.
$1,000
City Clerk /Elections – Election Room Storage Supplies (1015-6229) Amount
With the finishing of the lower level space and the outfitting of the elections space there
will be a need for elections file room storage supplies. Staff is requesting to carryover
funds to 2020. Funding will come from savings in training and dues and subscriptions
experienced in 2019.
$ 2,900
Finance Department – Ergonomic Standing Desk (1035-6725) Amount
The 2019 budget included the purchase of ergonomic standing desks. The desk will not
be installed in 2019 and staff is requesting to carryover these funds to 2020.
$ 4,100
General Government Buildings – Facility Condition Inventory (1060-6249) Amount
Designated Fund Balance was set aside previously for the completion of a facility
condition inventory. Council recently took action to engage a consultant to complete
the facility condition inventory in early 2020. This action will appropriate funding for
the 2020 fiscal year.
$ 64,825
Park Administration – Consulting Services Park Bond Referendum (1700-6235) Amount
The 2019 budget included amounts for assistance in preparing for a future park bond
referendum. This project was not completed in 2019, staff is requesting that budget
savings in consulting services be carried over to 2020 for the same purpose.
$6,000
Redwood Pool – Redesign Services (1930-6235) Amount
A firm has been engaged to redesign the Redwood Pool facility. It is estimated that 20%
of the work will be completed by year end. Staff is requesting that 80% of the 2019
budgeted amount be carried over to 2020.
$12,800
AV Aquatic Center – Pool painting (1940-6740) Amount
The 2019 budget included the Diamond Brite painting of the Aquatic Center Pool. The
project will not be completed in 2019 and staff is requesting that the funds be carried
over to 2020.
$200,000
AV Aquatic Center – Funbrella Installation (1940-6740) Amount
The 2019 budget included the replacement of the funbrellas at the aquatic center. The
installation will not be completed in 2019 and staff is requesting that the funds be
carried over to 2020.
$4,700
AV Aquatic Center – Replacement of Concession Stand Floor (1940-6740) Amount
The 2019 budget included the replacement of the concession stand floor at the aquatic
center. The installation will not be completed in 2019 and staff is requesting that the
funds be carried over to 2020.
$8,000
Park Maintenance – Sealcoating/ Chipseal for Aquatic Center Lot. (1710-6269) Amount
The 2019 budget included sealcoating and chipsealing at the Aquatic Center parking
lot. This project was not completed in 2019, staff is requesting that remaining funds in
the repairs account balance be carried over to 2020.
$49,500
Park Maintenance – Overlaying of Trails and Courts. (1710-6269) Amount
The 2019 budget was amended to include overlaying trails and courts at Greening,
Pennock, Duchess and Wallace Parks. These projects were not completed in 2019, staff
is requesting that these funds be carried over to 2020.
$45,000
Park Maintenance – JCRPW Activity Center Signage. (1710-6269) Amount
The 2019 budget included adding a new sign at the JCRP Activity Center, formerly the
Teen Center. This projects was not completed in 2019, staff is requesting that the funds
be carried over to 2020.
$2,000
Park Maintenance – Fertilizer (1710-6213) from 6213 Amount
Staff is requesting that the remaining 2019 budgeted funds from a missed fall 2019
application be carried over to 2020 to apply spring treatments. $16,900
Park Maintenance – Replacement of Puppet Wagon. (1710-6740) Amount
The 2019 budget was amended to include the replacement of the puppet wagon. This
project was not completed in 2019, staff is requesting that these funds be carried over
to 2020.
$9,000
Public Works / Bldg Inspection–Large Format Printer (1400-6725) Amount
Staff is requesting to carry over savings from a part time position vacancy to 2020 for
the replacement of a large format color printer/scanner used in bldg. inspections.
$15,000
Public Works/Bldg. Inspections – Electric Vehicle Charging Station (1400-6715) Amount
The City is planning to purchase a fully electric vehicle (EV) for Building Inspections
in 2020. In order to charge the car, an electric charging station is needed. The charging
station will be installed at City Hall. The funds will cover the cost & installation of the
charging station along with extending electric lines. Funding will come from budget
savings from the budgeted inspection software in 2019.
$20,000
Public Works / Engineering – Cartegraph Training (1510-6276) Amount
The 2019 budget included attendance at national Cartegraph Training Conference for
two people to attend. One staff person was unable to attend in 2019. Staff is requesting
that these funds be carried over to 2020.
$1,900
Public Works / Street Maintenance – Mini-Loader and Plow (1600-6740) Amount
The 2019 budget was previously amended to apply budget savings to the purchase of a
mini loader and plow but they are not anticipated to be in before the end of the year.
Staff is requesting that the previously approved funds for these items be carried over to
2020.
$17,000
Public Works / Fleet Maintenance – Assetworks Fleet Management Software
(1530-6735)
Amount
The 2019 budget included the implementation of new fleet management software,
AssetWorks, however it is not anticipated to be in before the end of the year. Therefore
staff is requesting that the previously approved funds for this item be carried over to
2020
$21,400
Non- General Fund Items:
Parks VERF Fund – Replacement of New Holland Unit #251 (7432-6730) Amount
The 2019 Park Maintenance VERF Budget included the replacement of New Holland
Tractor, unit #251. The replacement will not be received in 2019, staff is requesting that
these funds be carried over to 2020.
$194,800
Municipal Building Fund AVCC–Masonry Restoration Project (4002-6715) Amount
The 2019 budget was previously amended to fund repairs to the exterior wall at the
Apple Valley Community Center. This project will now be bid as a spring project and
staff is requesting that funding be carried over to 2020.
$74,000
Municipal Building Fund – AVCC Sport Court Roof (4002-6715) Amount
The 2019 Municipal Building Fund budget included reroofing of the Sport Court area
at the Community Center. The project will not be completed in 2019 and staff is
requesting that the funding be carried over to 2020.
$26,000
Municipal Building Fund – Aquatic Center Wet Play Area (4002-6740) Amount
The 2019 Municipal Building Fund budget was amended to include the creation of a
new wet play feature at the aquatic center. The project will not be completed in 2019
and staff is requesting that the funding be carried over to 2020.
$121,000
Street Light Utility Fund – Streetlight Monitoring System (5805-6215, 6237) Amount
The 2019 budget included funds a street light outage monitoring system for the City’s
lights along Cedar. Staff has been unable to complete this project in 2019 and would
like to carry over these funds to 2020.
$7,500
Ice Arena Fund –Change Order #1 for Controls System (5205-6740) Amount
The 2019 Ice Arena Budget included funding for the replacement of the refrigeration
project. At the December 12, 2019 City Council meeting a change order to the
refrigeration project was approved for the addition of HVAC changes, HVAC control
system and electric changes in the amount of $39,839. The remaining amount of
funding needed to complete the project, including the change order, is $101,500. This
project will not be completed until 2020 and staff is requesting the remaining amounts
be carried over to 2020. This project done in cooperation with the school district and
the will be sharing in the remaining costs.
$101,500
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-___
RESOLUTION AMENDING 2020 BUDGET FOR UNCOMPLETED 2019 PROJECTS AND
SPECIFIC ITEMS
WHEREAS, certain 2019 budgeted activities were not completed in 2019; and
WHEREAS, certain 2019 program budget savings are requested to be reassigned; and
WHEREAS, the 2019 budget accumulated resources for the completion of the items; and
WHEREAS, to provide for the 2020 purchase it is also necessary to provide for an increase
in the 2020 budget to provide the appropriation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley
that the following budget adjustments be made to the 2020 budget.
Department 2019
Account
Code
2019
(Reduction)
Amount
2020
Account
Code
2020
Additional
Amount
Fire Fire Training 1300.6276 (3,900) 1300.6276 3,900
Fire Fire Station Exercise Eq.. 1300.6110 (19,000) 1300.6211 19,000
Human Res. Desktop Scanner 1020.6235 (1,000) 1020.6211 1,000
City Clerk/Election Storage Supplies 1015.6275 (1,200) 1015.6229 2,900
City Clerk/Election Training 1015.6276 (500) -
City Clerk/Election Dues and Subscriptions 1015.6280 (1,200) -
Finance Standup Desks 1035.6725 (4,100) 1035.6725 4,100
Gen. Govt. Bldg. Facility Condition Inv. 1000.3610 (64,825) 1060.6249 64,825
Park Admin Park Bond Assistance 1700.6235 (6,000) 1700.6235 6,000
Redwood Building Redesign Services 1930.6235 (12,800) 1930.6235 12,800
Aquatic Center Pool Shell Painting 1940.6740 (200,000) 1940.6740 200,000
Aquatic Center Funbrella Installation 1940.6740 (4,700) 1940.6740 4,700
Aquatic Center Concessions Stand Floor 1940.6740 (8,000) 1940.6740 8,000
Park Maint. Sealcoating Aquatic
Center Lot
1710.6269 (49,500) 1710.6269 49,500
Park Maint. Trail/Court Overlays 1710.6269 (45,000) 1710.6269 45,000
Park Maint. JCRP Activity Center Sign 1710.6269 (2,000) 1710.6269 2,000
Park Maint. Fertilizer 1710.6213 (16,900) 1710.6213 16,900
Park Maint. Puppet Wagon 1710.6740 (9,000) 1710.6740 9,000
Bldg Inspection Large Format Printer 1400.6112 (15,000) 1400.6725 15,000
Bldg. Inspections Electric Vehicle Charging
Station
1400.6211 (20,000) 1400.6715 20,000
Engineering Cartegraph Training 1510.6276 (1,900) 1510.6276 1,900
Streets Maint. Mini-Loader/Plow 1610.6740 (17,000) 1610.6740 17,000
CMF/ Fleet maint. Assetworks Fleet
Management Software
1530.6735 (21,400) 1530.6735 21,400
Subtotal General Fund (524,925) 524,925
Department 2019
Account
Code
2019
(Reduction)
Amount
2020
Account
Code
2020
Additional
Amount
VERF Park Maint. New Holland Tractor 7432.6730 (194,800) 7432.6730 194,800
Muni Building
Fund
AVCC Foundation Repair 4002.6715 (74,000) 4002.6715 74,000
Muni Building
Fund
AVCC Sport Court Roof 4002.6715 (26,000) 4002.6715 26,000
Muni Building
Fund
Aquatic Center Wet Play
Feature
4002.6740 (121,000) 4002.6740 121,000
Street Light Utility Streetlight Monitor
System
5805.6215 (6,000) 5805.6215 6,000
Street Light Utility Streetlight Monitoring 5805.6237 (1,700) 5805.6237 1,700
Ice Arena Refrigeration Project 5205.6740 (101,500) 5205.6740 101,500
Total All Funds ($1,049,925) $1,049,925
ADOPTED this 26th day of December, 2019.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
RESOLUTION COMMITTING FUND BALANCES
FOR 2019 FINANCIAL STATEMENT PURPOSES
WHEREAS, the Governmental Accounting Standards Board’s Statement No. 54 includes
five different classification of fund balance; and
WHEREAS, one of the fund balance classifications includes Committed Fund Balance;
and
WHEREAS, for fund balance to be classified as committed at year end the City Council
must approve the uses of specific items to be included as committed prior to year end.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley
elects to commit General Fund -Fund Balance as of December 31, 2019 for the following
departments and uses:
Department Description Account
Code
2019 Committed
Balance
Fire Fire Training 1300.6276 3,900
Fire Fire Station Exercise Equipment 1300.6211 19,000
Human Res. Desktop Scanner 1020.6211 1,000
City Clerk/Election Storage Supplies 1015.6229 2,900
Finance Standup Desks 1035.6725 4,100
Gen. Govt. Bldg. Facility Condition Inv. 1060.6249 64,825
Park Admin Park Bond Professional Assistance 1700.6235 6,000
Redwood Building Redesign Services 1930.6235 12,800
Aquatic Center Pool Shell Painting 1940.6740 200,000
Aquatic Center Funbrella Installation 1940.6740 4,700
Aquatic Center Concessions Stand Floor 1940.6740 8,000
Park Maintenance Sealcoating Aquatic Center Lot 1710.6269 49,500
Park Maintenance Trail/Court Overlays 1710.6269 45,000
Park Maintenance JCRP Activity Center Sign 1710.6269 2,000
Park Maintenance Fertilizer 1710.6213 16,900
Park Maintenance Puppet Wagon 1710.6740 9,000
Building Inspection Large Format Printer 1400.6725 15,000
Building Inspections Electric Vehicle Charging Station 1400.6715 20,000
Engineering Cartegraph Training 1510.6276 1,900
Streets Maintenance. Mini-Loader/Plow 1610.6740 17,000
CMF/ Fleet Maintenance Assetworks Fleet Mgmt Software 1530.6735 21,400
Total General Fund Committed Fund Balance 524,925
ADOPTED this 26th day of December, 2019.
Mary Hamann-Roland, Mayor
ATTEST:
Pam,J. Gackstetter, City Clerk
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A mending 2019 Operating B udget for Specific I tems
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Adopt resolution amending 2019 Operating Budget for Specific Items.
S UM M ARY:
T he C ity C ouncil is requested to consider a resolution amending the 2019 operating budget
for items that are proposed to be funded by anticipated savings within the 2019 budget or by
realigning other sources. By utilizing current year budget savings the pressure on the 2020/21
budget was reduced. It is expected that these items will be completed during 2019.
B AC K G RO UND:
Please see the attached exhibit for additional information on each of the proposed items.
B UD G E T I M PAC T:
T he General Fund expenditure will remain the same with the appropriations transferred
between lines.
AT TAC HM E NT S :
Exhibit
Resolution
Amending 2019 Budget – Exhibit
BACKGROUND
Park Maintenance – Park signage (1710-6735) Amount
Staff is requesting that $3,000 of the amounts remaining of the budgeted amount for the
JCRPE concession stand renovation project be carried over 2020 and be directed toward
park sign replacement.
$3,000
Senior Center – Cooling Tower Motor Bearing (1940-6266) Amount
Staff is requesting that the 2019 budget be amended to provide for repairs to cooling
tower at the Senior Center. Funding will come from savings in the budgeted amounts
for interior painting project and the audio visual equipment purchase.
$4,810
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-__
RESOLUTION AMENDING 2019 BUDGET FOR SPECIFIC ITEMS
WHEREAS, certain 2019 activities were not included in the original 2019 adopted budget; and
WHEREAS, funding exists to complete these projects from existing budget savings or additional
resources, and
WHEREAS, certain 2019 program budget savings are requested to be reassigned; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley that the
following budget adjustments be made to the 2019 budget.
Department Description 2019
Account
Code
2019 Additional
(reduced)
Amount
Park Maintenance Park Signage - Hayes 1710.6735 $ 3,000
Park Maintenance Savings on Concession Stand Project 1710.6735 (3,000)
Senior Center Cooling Tower Motor Bearing Repair 1930.6266 4,810
Senior Center Savings on Interior Painting Project 1930.6735 (4,070)
General Fund Transfers Out Transfer to Municipal Bldg Fund 1930.6735 (740)
Subtotal General Fund Expenditures $ 0.00
ADOPTED this 26th day of December 2019.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Release of Natural Resources Management Permit Financial Guarantees
S taff Contact:
K eenan Hayes, Natural Resources Technician
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Approve the release of financial guarantees for Independent School District 196, Bigos-
Galante LLC , and Len-MN LLC.
S UM M ARY:
T he following projects have been inspected and are compliant according to City
requirements:
1. C edar Park Elementary
Permit No. AV069071
Amount $16,850.00
Reduce now to $0.00
Guarantee Type: Check
2. Greenleaf Elementary
Permit No. AV068290
Amount $9,550.00
Reduce now to $0.00
Guarantee Type: Check
3. Apple Valley High School
Permit No. AV065832
Amount $8,000.00
Reduce now to $0.00
Guarantee Type: Check
4. Parkside Village - Galante Apartments
Permit No. AV064340
Amount $15,000.00
Reduce to $0.00
Guarantee Type: Check
5. Regents Point 2nd Addition
Permit No. AV059318
Amount $53,000.00
Reduce to $0.00
Guarantee Type: Check
B AC K G RO UND:
T he C ity retains Natural Resources Management Permit (N RMP) financial securities to
ensure the protection of natural resources during land disturbing activities.
B UD G E T I M PAC T:
N/A
I T E M: 4.K.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove P rocedures for A dministering City Hall - L ower L evel Buildout Project Change Orders
S taff Contact:
Charles Grawe, A ssistant City A dministrator
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Approve procedures for administering City Hall - Lower Level Buildout Project change
orders.
S UM M ARY:
T he City recently approved a remodeling and improvements project for the Municipal
Center. Projects of this nature tend to be fast-moving. T hey also present the opportunity for
unidentified existing conditions to create barriers to carrying out original specified work. In
order to allow work to progress when such issues arise, the C ouncil has often utilized a
change order procedure to allow staff to provide approval to time sensitive changes.
B AC K G RO UND:
T he attached procedures provide conditions under which staff can authorize a necessary
change in order to keep the project moving, while requiring the change be brought to the
Council for ratification as soon as feasible.
Staff recommends the C ity C ouncil approve the proposed policy procedures,
including: setting a maximum change order amount of $15,000 for conditional staff approval
and designating Project Manager C harles Grawe to coordinate the change orders to the
construction contract.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Memo
Memo
CITY OF
APPLE VALLEY MEMO
Administration Department
TO: Mayor and City Council of Apple Valley
Tom Lawell, City Administrator
FROM: Charles Grawe, Assistant City Administrator
DATE: December 26, 2019
SUBJECT: Procedures for Administering City Hall – Lower Level Buildout Project Change
Orders
Attached is a memo from City Attorney Michael Dougherty regarding the administration of change
orders to the City Hall – Lower Level Buildout construction contract. The procedure would only
apply if 1) a delay in making a decision would result in the delay of construction and an increased
cost to the project and 2) the situation requiring a decision is not a matter involving a large amount
of money. The proposed procedure provides a means for a designated City staff member to
make an initial determination as to the whether a change order is necessary. Upon that
determination, the staff member would provide the contractor with conditional approval and the
work could begin. The staff member would, in writing, inform the City Administrator and the City
Council of the circumstances surrounding the conditional approval and the cost benefit involved
with the decision. At the first available opportunity, the City Council would act to either ratify or
reject the decision made by staff.
This process was used on the Municipal Center Construction Project, Fire Stations #2 and #3
Remodeling Projects, and Liquor Store #3 construction project. The process worked well in
preventing costly construction delays while also keeping the City Council informed and in control
of any cost changes.
Assistant City Administrator Charles Grawe is serving as the Project Manager for the City Hall –
Lower Level Buildout project. He will be meeting at least bi-weekly with the architect and
contractor to discuss issues as they arise. Mr. Grawe will also be informing City Administrator
Tom Lawell of these issues on a daily basis.
Staff recommends the City Council approve the proposed policy procedures. Staff recommends
the City Council set a maximum change order amount of $15,000 for conditional staff approval.
Staff recommends the City Council designate Project Manager Charles Grawe to coordinate the
change orders to the construction contract.
Attachment
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 953-8820 Direct
(962) 432-3136 Office
(952) 432-3780 Fax
mdougherty@dmshb.com Email
MEMORANDUM
To: Charles Grawe, Assistant City Attorney
From: Mike Dougherty, City Attorney
Date: December 17, 2019
Re: Procedure for Change Orders
______________________________________________________________________________
You inquired whether the City can once again adopt a policy for administering change orders to
the construction contract remodeling city hall. With the understanding that only the City Council
can bind the City to a contract, you may wish to adopt the following process to handle exigent
circumstances as they arise. The types of such situations involve: (1) a decision which if not
made immediately would cause delays in the construction and result in an increase cost to the
project; or (2) situations which require a decision to be made in matters involving not a large
amount of money. The cap amount involved under the circumstances should be set by the City
Council. The cap should bear a relation to the full bid cost of the remodel.
For the situations noted above, the Council should designate one member of the City staff to
coordinate the change orders to the construction contract. Should there occur a situation in which
the provisions of this policy arise, the designated person should determine whether a change
order is necessary, and if so provide conditional approval as required under the circumstances.
Immediately or as soon as practical following the granting of conditional approval, the
designated person should, in writing, inform the City Administrator and City Council of the
circumstances surrounding the conditional approval and the cost and benefit involved in the
decision. At the first available opportunity following the conditional approval, the City Council
should act to either ratify or reject the decision made by the designated person. Ratification by
the Council is not to be in lieu of any formal action required to approve a change order as
required under the contract documents. The designated person should assist the processing of all
required change orders in a timely fashion. The contractor should agree to this procedure.
If you have any questions with regard to the above or have any suggestions for modifications,
please be in contact with me.
MGD/kmw
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A uthorize Project 2020-113, L ongridge Reservoir Rehabilitation
S taff Contact:
Carol Blommel J ohnson, Public Works Superintendent - Utilities
Department / Division:
Utilities Division
AC T I O N RE Q UE S T E D:
Authorize Project 2020-113, Longridge Reservoir Rehabilitation.
S UM M ARY:
On December 13, 2019, quotes for engineering services were received for Longridge
Reservoir Rehabilitation. KLM Engineering provided the low quote for reservoir inspection,
engineering design services, construction observation and inspection services, construction
management and warranty inspection. KLM also provided a cost estimate for the
rehabilitation work.
A Professional Service Agreement is in effect with KLM Engineering.
B AC K G RO UND:
On November 26, 2019, C ouncil adopted resolution directing preparation of plans and
specifications and solicitation of quotes for engineering services.
T he Longridge Reservoir is located at 8351 160th Street W. In the past, reservoir coatings
typically lasted 20 years, newer paint products and techniques can extend the life cycle of
reservoir coatings up to 25 years and beyond. T he reservoir project includes complete
interior and exterior coating removal and application, structural repairs, logo, security and
O SHA updates. Before the rehabilitation work begins, the antennas located on the reservoir
will need to be removed and relocated to temporary pole(s) near the reservoir; then
reinstalled upon completion.
B UD G E T I M PAC T:
T he Longridge Reservoir Rehabilitation is included in the approved C IP and 2020 Utility
Water Division Operations budget. However, the cost estimate for the reservoir rehabilitation
work exceeds the budgeted funds by approximately $400,000. T he budget shortfall cost will
be covered by the 2019 budgeted Harwell C orrosion project that was not constructed. T he
actual project costs will not be realized until the project bids are received.
See attached Exhibit A.
AT TAC HM E NT S :
Exhibit
Project 2020-113, Longridge Reservoir Rehabilitation
Exhibit A
Budget Impact
Estimated Project Costs: 2020-113 5320.6735/6235
Construction Cost $1,200,000.00
Construction Contingency $100,000.00
Engineering Design, Contract Admin, Inspection $67,448.00
Total Estimated Cost $1,367,448.00
Estimated Project Funding
Water Fund Capital Outlay & Consultant Budgets $980,000.00
2019 Harwell Corrosion Project $387,448.00
Total Estimated Funding $1,367,448.00
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Water E fficiency Grant A greement with Metropolitan Council
S taff Contact:
Matt Saam, Public Works Director
Department / Division:
P ublic Works Department
AC T I O N RE Q UE S T E D:
Approve the attached Water Efficiency Grant Agreement with the Metropolitan Council.
S UM M ARY:
T he C ouncil is requested to approve the attached agreement with the Metropolitan C ouncil
for a Water Efficiency Grant. T he grant will provide a portion of the cost (through a rebate
program) for the replacement of residential water using devices with more efficient devices
that use less water. T he way the grant works is that property owners, who replace a water
using device with one of the approved efficient devices, can apply for a rebate toward a
portion of the device replacement cost. Specific details of the City’s approved grant program
include:
Replaced Device Rebate Amount
Toilet 50% up to a max of $100
Irrigation Controller 50% up to a max of $150
Irrigation Audit $150
Washing Machine $150
County staff will do the grant administration, reviewing each rebate application to ensure that
it complies with the grant guidelines. Upon approval, the County will let the City know to
process a rebate to the owner. T he rebate will appear as a credit on the property owner’s
water bill. C ity staff plan to start advertising the program in J anuary 2020. T he grant
agreement is valid until 6/30/22 or until funding is depleted.
B AC K G RO UND:
On September 26, 2019, the C ity C ouncil authorized the submittal of a Water Efficiency
Grant application to the Met Council.
On September 26, 2019, the City C ouncil approved a J oint Powers Agreement with Dakota
County for grant administrative services.
T his is the second time in the last 5-years that the Met C ouncil has offered this grant
program. In 2015, the Met Council received $500,000 from the Legislature for the grant. T his
time around, the grant program is funded with $750,000 appropriated by the 2019 Minnesota
Legislature. In comparison with the 2015-2017 version of the program, when 19 communities
applied, this time the Met Council received 40 applications. Although $750,000 is available,
the total amount requested was $1,393,537. T he amount requested is nearly two times the
available funding.
Because funds requested exceed funds available, the Met C ouncil developed a set of ranking
factors and an objective scoring system to establish a method to distribute the funds. All of
the cities that requested funds received a grant, however, all grants will be less than the
requested amount from the cities.
T he Water Efficiency Grant Program is effective from September 30, 2019 to J une 30, 2022.
T he Met Council will provide up to 75% of the program cost while the municipality must
provide the remaining 25%. Municipalities are expected to use the combined Met C ouncil
and municipality funds to run their own grant or rebate programs. Grants are only for water
efficiency programs offering rebates or grants to property owners who are customers of the
municipal water supply system and who replace specified water using devices with approved
devices that use substantially less water. Grantees are required to provide estimated water
savings achieved through this program for C lean Water, Land & Legacy Amendment
reporting purposes.
B UD G E T I M PAC T:
T he C ity is receiving a grant of $29,000. T he C ity had applied for the maximum grant
amount of $50,000. Based on the grant amount, a 25% C ity match amount of $9,667 is
required. T here are sufficient funds budgeted in the Water Fund to provide the C ity’s 25%
portion of the grant program.
AT TAC HM E NT S :
Agreement
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving Mutual P olice A ssistance A greement for E nforcement of Traffic
S afety L aws
S taff Contact:
Captain Greg Dahlstrom
Department / Division:
P olice Department
AC T I O N RE Q UE S T E D:
Adopt the resolution approving Mutual Police Assistance Agreement for Enforcement of
Traffic Safety Laws.
S UM M ARY:
T he Apple Valley Police Department currently participates in a J oint Powers Agreement with
11 law enforcement agencies to impact traffic safety through directed enforcement of the
traffic law. Participation in the agreement allows the parties to coordinate those efforts within
Dakota County and provides officers with the authorization to exercise their police power
outside their home jurisdiction. T his project is funded by grant reimbursement through the
Minnesota Department of Public Safety, Office of Traffic Safety.
B AC K G RO UND:
T he Apple Valley Police Department has been a partner in the Dakota C ounty Traffic Safety
Project since 2008 and similar projects prior to that time. T he coordinated effort has yielded
thousands of citations and hundreds of arrests; the impact on traffic safety is significant.
Apple Valley Police Officers have participated in every event and take pride in hosting
member agencies for events in the city.
T he agreement is being entered into by the C ities of Apple Valley, Farmington, Hastings,
Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul,
Eagan, Burnsville, and County of Dakota.
T he J oint Powers Agreement has also been reviewed by the City Attorney's Office.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
Agreement
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION APPROVING A MUTUAL AID
AGREEMENT FOR EMERGENCY MANAGEMENT
WHEREAS, the City of Apple Valley desires to participate in the Dakota County Traffic
Safety Group under which the City of Apple Valley will partner with eleven other law
enforcement agencies to provide increased traffic enforcement, safety, and educational activities
throughout the member communities; and
WHEREAS, the City is presently a party to a similar Joint Powers Agreement which
expires on December 31, 2019; and
WHEREAS, the City Council of the City of Apple Valley adopted a similar resolution in
November of 2008, approving the City’s participation in the Dakota County Traffic Safety
Group for which the City and the other law enforcement agencies under the Joint Powers
Agreement will receive reimbursement from grant money disbursed by the Minnesota
Department of Public Safety, Office of Traffic Safety; and
WHEREAS, it is in the best interest of the City and its residents that the City enter into
the attached Joint Powers Agreement because all member communities benefit from the
combined effort of the whole.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the attached Mutual Police Assistance Agreement for
Enforcement of Traffic Safety Laws shall be, and hereby is, approved and ratified.
ADOPTED this 26th day of December, 2019.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________________
Pamela J. Gackstetter, City Clerk
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 1 of 16
Mutual Police Assistance Agreement
l. Purpose. The purpose of this agreement is to provide for the joint exercise of the parties' law
enforcement powers pursuant to Minn. Stat. § 471.59, so that the parties may furnish assistance
to and coordinate with each other in the enforcement of traffic laws within Dakota County in the
conduct of Traffic Safety Projects. It is not the purpose of this agreement to provide for or
address in any way requests by one party of another party for any other law enforcement services,
including ordinary patrol services.
2. Parties. The parties to this Agreement shall consist of the following units of government that
have signed this agreement:
City of Apple Valley City of Hastings City of Rosemount
City of Burnsville City of Inver Grove Heights City of South St. Paul
City of Eagan City of Lakeville City of West St. Paul
City of Farmington City of Mendota Heights County of Dakota
3. Fiscal Agent. The Fiscal Agent, acting on behalf of the parties, shall apply for funding from the
State of Minnesota to support coordinated local enforcement of traffic safety laws. To the extent
that such grant funds are obtained and may be expended for peace officer overtime
compensation, the parties shall be entitled on a pro rata basis to reimbursement of overtime
compensation paid to the parties' peace officers who have participated in Traffic Safety Projects
pursuant to this Agreement. The Fiscal Agent shall account for all funds received pursuant to this
Agreement according to generally accepted accountin g principles and reports on receipts and
disbursements shall be forwarded to the parties on at least a quarterly basis. As provided in prior
traffic safety task force JPAs, the Fiscal Agent position will be held by an agency for 2 calendar
years before rotating to the next agency in alphabetical order.
The Fiscal Agent for each of the following calendar years during the term of this JPA shall be:
2020- Mendota Heights (covered 2019 under previous JPA)
2021-2022- City of Rosemount
2023-2024- City of South St Paul
2025-2026- City of West St Paul
2027-2028- City of Apple Valley
2029-2030- City of Burnsville
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 2 of 16
Mutual Police Assistance Agreement
4. Traffic Safety Projects. The parties will carry out the purpose of this agreement by jointly
participating in Traffic Safety Projects to which the parties will assign peace officers. Traffic
Safety Projects means targeted geographic areas during specified periods of time on specific
dates in which and during which the parties will assign peace officers to work together to
enforce traffic safety laws. Assignment of peace officers to work on Traffic Safety Projects will
remain in the sole discretion of the chief law enforcement officer of each party. The decision of
a party to decline participation in any Traffic Safety Project is without liability to any party.
5. Recommendation of Traffic Safety Projects. Peace officers from the parties will meet on an ad
hoc basis as the Dakota County Traffic Safety Group to identify and recommend Traffic Safety
Projects to the Chiefs of Police and Dakota County Sheriff. The Dakota County Traffic Safety
Group shall identify Traffic Safety projects utilizing data which identifies areas where Traffic
Safety Projects likely would have a substantial effect upon public safety within Dakota County.
The decision to assign peace officers to work on any particular Traffic Safety Project remains
within the discretion of the chief of police of each city that is a party to this agreement and of the
Dakota County Sheriff, and the decision to conduct a Traffic Safety Project within a participating
jurisdiction remains with the Sheriff or Chief of the jurisdiction in which the Project is
conducted.
6. Exercise of Police Power. A peace officer who has been approved and assigned to participate in
a Traffic Safety Project located outside of the officer's jurisdiction has the full and complete
authority of a peace officer as though appointed by the agency or agencies within whose
jurisdiction the Traffic Safety Project is located.
7. Compensation. A peace officer who has been assigned by his/her appointing agency to
participate in a Traffic Safety Project pursuant to this Agreement shall be compensated by
his/her appointing agency just as if the officer were performing duties within and for jurisdiction
of the officer's appointing agency.
8. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or the
death of its own personnel. Each party shall maintain workers' compensation coverage or self-
insurance coverage covering its own personnel while they are participating in any Traffic Safety
Project pursuant to this Agreement. Each party waives the right to sue any other party for any
workers' compensation benefits paid to its own employee or volunteer or their dependents, even
if the injuries were caused wholly or partially by the negligence of any other party or its officers,
employee or volunteers.
9. Liability. Each party shall fully indemnify and hold harmless the other parties against all claims,
losses, damages, liability, suits, judgments, costs and expenses incurred by reason of the action
or inaction of its employees assigned to participate in any Traffic Safety Project pursuant to this
Agreement. This agreement to indemnify and hold harmless does not constitute a waiver by any
party of the limitations on liability provided by Minn. Stat. Ch. 466.
10. Direction and Control. Peace officers assigned by their appointing agency to participate in
Traffic Safety Projects pursuant to this Agreement shall remain under the direction and control
of their chief law enforcement officer.
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 3 of 16
Mutual Police Assistance Agreement
11. Recall of Peace Officers. The appointing agency of a party may at any time and in the agency's
sole judgment and without liability to any party recall a peace officer assigned to participate in
a Traffic Safety Project pursuant to this Agreement.
12. Damage to Equipment. Each party shall be responsible for damage to or loss of its own equipment
that occurs in connection with participation in any Traffic Safety Project pursuant to this
Agreement. Each party waives the right to sue any other party for any damages to or loss of
its equipment, even if the damages or losses were caused wholly or partially by the negligence
of any other party or its officers, employees or volunteers.
13. Compensation for Equipment and Supplies. When a party assigns peace officers to work in any
Traffic Safety Projects pursuant to this Agreement, that party shall provide all fuel and other
materials and services for its peace officers who have been so assigned.
14. Effective Date. This Agreement shall be effective when all parties have signed the Agreement.
All parties need not sign the same copy of the Agreement. Signed Agreements shall be filed with
the City of Mendota Heights, who shall notify all parties of the effective date.
15. Withdrawal. Any party may withdraw from this Agreement upon thirty (30) days' written notice
to the Fiscal Agent. The Fiscal Agent will notify the other parties to this Agreement Withdrawal
shall not act to discharge any liability incurred by any party prior to withdrawal.
16. Notice. Notices required by Paragraph 15 of this Agreement or other correspondence related to
this Agreement shall be provided by first class mail to the following:
Apple Valley Chief of Police Lakeville Chief of Police
7100 147th Street west 9237 183rd Street
Apple valley, MN 55124 Lakeville, MN 55044
Burnsville Chief of Police Mendota Heights Chief of Police
100 Civic Center Parkway 1101 Victoria Curve
Burnsville, MN 55337-3817 Mendota Heights, MN 55118
Eagan Chief of Police Rosemount Chief of Police
3830 Pilot Knob Road 2875 145th Street West
Eagan, MN 55122 Rosemount, MN 55068
Farmington Chief of Police South St Paul Chief of Police
19500 Municipal Dr. 125 3rd Avenue North
Farmington, MN 55024 South St. Paul, MN 55075
Hastings Chief of Police West St. Paul Chief of Police
150 3rd Street East 1616 Humboldt Avenue
Hastings, MN 55033 West St. Paul, MN 55118
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 4 of 16
Mutual Police Assistance Agreement
Inver Grove Heights Dakota County Sheriff
Chief of Police Law Enforcement Center
8150 Barbara Avenue 1580 Highway 55
Inver Grove Heights, MN 55077 Hastings, MN 55033
17. Termination. This Agreement shall terminate upon the occurrence of any one of the following
events: (a) when necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction or (b) when a majority of remaining parties agrees to terminate the
Agreement upon a date certain or (c) December 31, 2030.
18. Effect of Termination. Termination shall not discharge any liability incurred by the parties during
the term of this Agreement. Upon termination and after payment of all outstanding obligations,
property or surplus money held by the parties shall then be distributed to the parties on the pro
rata basis provided under Paragraph 3 of this Agreement.
19. Amendments. This Agreement may be amended only in writing and upon the consent of each of
the parties' governing body.
20. Records, Accounts and Reports. The books and records of the parties shall be subject to the
provisions of Minn. Stat. Ch. 13.
21. Government Data Practices. Each party to this Agreement must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13 and other applicable law, as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the
party under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the
release of the data referred to in this clause by any party.
22. Assignment. A party to this Agreement may not assign or transfer any rights or obligations
under this Agreement
23. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same instrument.
Counterparts shall be filed with the City of Mendota Heights.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
COUNTY OF DAKOTA
Tim Leslie
Dakota County Sheriff
Date
Assistant County Attorney Date
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 5 of 16
Mutual Police Assistance Agreement
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 6 of 16
Mutual Police Assistance Agreement
Dakota County Contract #
CITY OF APPLE VALLEY
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF APPLE VALLEY
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest: _
[print name]
Title: _
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 7 of 16
Mutual Police Assistance Agreement
CITY OF BURNSVILLE
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF BURNSVILLE
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest:
[print name]
Title:
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 8 of 16
Mutual Police Assistance Agreement
CITY OF EAGAN
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF EAGAN
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest: _
[print name]
Title:
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 9 of 16
Mutual Police Assistance Agreement
CITY OF FARMINGTON
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF FARMINGTON
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest:
[print name]
Title: _
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 10 of 16
Mutual Police Assistance Agreement
CITY OF HASTINGS
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF HASTINGS
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest:
[print name]
Title:
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 11 of 16
Mutual Police Assistance Agreement
CITY OF INVER GROVE HEIGHTS
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF INVER GROVE HEIGHTS
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest: _
[print name]
Title:
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 12 of 16
Mutual Police Assistance Agreement
CITY OF LAKEVILLE
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF LAKEVILLE
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest:
[print name]
Title:
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 13 of 16
Mutual Police Assistance Agreement
CITY OF MENDOTA HEIGHTS
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF MENDOTA HEIGHTS
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest:
[print name]
Title:
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 14 of 16
Mutual Police Assistance Agreement
CITY OF ROSEMOUNT
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF ROSEMOUNT
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest:
[print name]
Title:
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 15 of 16
Mutual Police Assistance Agreement
CITY OF SOUTH ST PAUL
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF SOUTH ST PAUL
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest:
[print name]
Title: _
Date:
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
Page 16 of 16
Mutual Police Assistance Agreement
CITY OF WEST ST PAUL
Name, Title, Address and Phone Number of City’s Authorized Representative:
Name, Title, Address and Phone Number of City’s Liaison:
CITY OF WEST ST PAUL
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
[print
name] Date:
Attest:
[print name]
Title:
Date:
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Agreement with B uilding Restoration Corporation for Project 2019-164, Apple Valley
Community Center Masonry Restoration and Grade Repairs
S taff Contact:
B arry B ernstein, Director of P arks and Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Motion to approve the agreement with Building Restoration C orporation for Project 2019-
164, Apple Valley C ommunity C enter Masonry Restoration and Grade Repairs, in the
amount of $73,154.00, utilizing 2019 savings.
S UM M ARY:
T he Apple Valley C ommunity C enter's exterior wall on the south side of the administrative
offices is suffering from significant water damage. Multiple vendors were contacted for repair
quotes; however, Building Restoration C orporation was the only respondent able to meet the
project requirements. T he vendor has successfully completed prior projects for the C ity of
Apple Valley.
Staff recommends awarding an agreement to Building Restoration Corporation for Project
2019-164, Apple Valley C ommunity Center Masonry Restoration and G rade Repairs. A
standard City of Apple Valley Agreement will be utilized.
B AC K G RO UND:
Visual building inspections of the Apple Valley Community C enter revealed building block
wall damage resulting from water/drainage issues. Staff sought repair quotations from
several vendors.
Building Restoration C orporation $73,154.00
Advanced Masonry Restoration no response
Gage Brothers C aulking unable to meet project requirements
Scope of the project includes block face replacement, tuckpointing, drain tile installation, and
final landscape grade repairs to divert water away from the building. T he project is weather
dependent and the vendor is unable to complete the necessary work by the end of December;
therefore, staff recommends carrying over the funding into 2020 as a springtime project.
B UD G E T I M PAC T:
T he 2019 Budget was amended on November 26, 2019, to provide funding for this project.
AT TAC HM E NT S :
Quotation
Building Restoration Corporation
1920 Oakcrest Avenue Suite 1, Roseville, MN 55113
Phone: 612-789-2800 fax: 612-789-2875
PROPOSAL
October 29, 2019
Submitted to:Jay Peterson
Arenas and Community Center
Foreman
City of Apple Valley
14603 Hayes Rd.
Apple Valley, MN
952-212-0002
jpeterson@ci.apple-valley.mn.us
Project:Masonry Restoration and Grade
Repairs
Apple Valley Community Center
14603 Hayes Rd.
Apple Valley, MN
Building Restoration Corporation does hereby propose to furnish all of the necessary materials
and to provide skilled labor to perform the enclosed listing of restoration services. Pricing is
based on the ability to begin and complete the restoration in one operation. The prices listed
include costs for all labor, materials, equipment, swing-stage rigging, aerial boom use, clean up
of debris, and sales tax on materials.
1
2
Highlighted work scope includes: spot individual CMU block face replacement, tuckpointing,
drain tile installation and final landscape grade repairs to divert water away from building.
3
Existing “smooth face” CMU
mortar joints will be cut will be
cut out and tuckpointing with
fresh mortar to reduce moisture
infiltration.
Individual deteriorated CMU
block faces will be removed and
new 4” block faces will be
installed.
We will haul in fill material to
build up the grade next to the
building in order to help shed
water away from building toward
new drain tile system.
4
We are proposing to haul in and build up the grade next to the building to help shed water
away from the block walls following masonry repairs. We will also cut in and install a below
grade drain tile system toward the middle of the common area to help prevent this area from
holding large amounts of water.
5
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Apple Valley Community Center
Exhibit A
- Line items for Temporary Heat and covers expenses
6
General Conditions :Quantity Units Unit Cost Total
Mobilization, job set up & insurance expense 1 lump sum 4,365 4,365
Building permit and plan review costs at
actual city costs if required
1 allowance 900 900
Saws, compressors, generators and misc.
equipment expense
1 lump sum 6,498 6,498
Temporary gas line hook up and detach to
owner supplied natural gas source by our
licensed HVAC technician
1 lump sum 6,275 6,275
Cover work area with reinforced poly tent
system
1 lump sum 6,658 6,658
Temporary natural gas heating equipment
NOTE: Natural gas supplied by owner
1 lump sum 5,867 5,867
Dumpsters or hauling of debris 1 dumpsters 445 445
Final clean up and demobilization 1 lump sum 1,600 1,600
Proposed Work Scope :Quantity Units Unit Cost Total
Excavate along base of wall to expose
damaged CMU
1 lump sum 4,365 4,365
Haul in fill to build up landscape grade next to
building along highlighted work area and
install drain tile system toward the middle of
the common grass area.
1 lump sum 9,876 9,876
Cut out deteriorated grade level CMU face
and install up to a 4” CMU shell on
highlighted elevation (Allowance)
175 each 103 18,025
100% cut and tuckpoint remaining exposed
grade level CMU NOTE: Does not include
any fluted block courses.
318 sqft 15 4,770
Patching of misc. spalled or chipped CMU
(Allowance)
18 each 195 3,510
Proposed Project Total Cost Under Heat & Cover: Proposed Project Total Cost Under Heat & Cover: Proposed Project Total Cost Under Heat & Cover: Proposed Project Total Cost Under Heat & Cover: $73,154
Building Restoration Corporation offers the above listed restoration services as they relate to
the enclosed drawings and specifications for your consideration. All work is to be performed
in a substantial workmanlike manner. All tools, equipment and procedures shall follow the
generally accepted restoration guidelines. All restoration work is to be performed by
professional experienced tradesmen.
Building Restoration Corporation carries worker's compensation, automotive and public liability
insurance in the amount of one million dollars. Building Restoration Corporation also carries a
commercial umbrella policy in the amount of nine million dollars. We will gladly supply you with
a certificate of said insurance naming you or your project as a certificate holder upon request.
This proposal is for work performed on the exterior facades only and does not include any
work inside the building or below exterior grade. Prices include only those work items
described and unless specifically listed, prices do not include any carpentry, window repair or
replacement, concrete or asphalt repairs, painting, laboratory analysis of existing mortar,
investigative work, landscaping, roofing repairs or any other work that is not individually listed
on the repair costs price page.
The Building Owner is to provide their water, electricity, free and unobstructed access to
building elevations, and an area to park our job site trailer and operate cement mixer. Building
Owner/Buyer is to indemnify, defend and hold harmless Building Restoration Corporation
against any loss or claim by the building tenants that the construction operations or scaffolding
generated noise or dust which interferes with their business operations, or reduces their
visibility, sales, profits, sleep or other claims.
We reserve the right to withdraw this proposal if it is not accepted within thirty days. Our
payment terms are net 30 days on all monthly progress invoices if the length of the job
exceeds one month. Full payment of all balances will be due upon your receipt of our final
completion invoice. Interest in the amount of 1 % per month will be due and payable on all past
due balance amounts.
The Scope of Work shall be solely restricted to the work described above and in the
agreement between the parties, no evaluation or determination regarding the need for repair or
structural integrity has been made by Building Restoration Corporation, nor has it provided
engineering services. The Scope of Work and evaluation is restricted to the description above.
7
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is a proud member of
8
Associated Builders &
Contractors, Inc.
10193 Crosstown Circle
Eden Prairie, MN 55344
952-941-8693
St. Paul Building Owners &
Managers Association
332 Minnesota Street, Suite
W2950
St. Paul, MN 55101
651-291-8888
Minneapolis Builders Exchange
1123 Glenwood Avenue
Minneapolis, MN 55404
612-377-9600
Minneapolis Building Owners &
Managers Association
121 S. 8th Street, Suite 610
Minneapolis, MN 55402
MN Concrete & Masonry
Contractors Association
120 East Exchange Street #120
St. Paul, MN 55101
651-293-0892
Builders Exchange of St. Paul
445 Farrington Street
St. Paul, MN 55103
651-224-7545
Institute of Real Estate
Management
4248 Park Glen Rd.
Minneapolis, MN 55416
952-928-4664
National Federation of
Independent Business
740 Northwest Center Tower
55 East 5th Street
St. Paul, MN 55101
800-634-2669
National Trust for Historic
Preservation
1785 Massachusetts Avenue NW
Washington, DC 20036
202-673-4000
International Concrete Repair
Institute
3166 S. River Road, Suite 132
Des Plaines, IL 60018
847-827-0830
Hennepin History Museum
2303 Third Avenue South
Minneapolis, MN 55404
612-870-1329
Preservation Alliance of
Minnesota
416 Landmark Center
St. Paul, MN 55102
651-293-9047
Ramsey County Historical Society
323 Landmark Center
St. Paul, MN 55102
651-222-0701
Minnesota Historical Society
345 Kellogg Boulevard West
Saint Paul, MN 55102
651-296-6126
Construction Agreement
Building
Restoration
Corporation
1920 Oakcrest Avenue Suite 1
Roseville, MN 55113
Phone: 612-789-2800
Fax: 612-789-2875
Submitted to Buyer:Work site location:
Jay Peterson
Arenas and Community Center
Foreman
City of Apple Valley
14603 Hayes Rd.
Apple Valley, MN
Construction
Agreement Date:City of Apple Valley
14603 Hayes Rd.
Apple Valley, MN
Jay Peterson
Arenas and Community Center
Foreman
City of Apple Valley
14603 Hayes Rd.
Apple Valley, MN
October 29, 2019
City of Apple Valley
14603 Hayes Rd.
Apple Valley, MN
The parties agree that the work scope shall be the following items selected from BRC’s proposal dated:
October 29, 2019
Please see Exhibit A for detailed work scope and quantities. Estimate is based off of visual
observation of the buildings exterior, unforeseen items are not included in this proposal.
Note: Owner to provide free and clear access for equipment and aerial lifts.
Exclusions: Interior work, roofing work, through wall flashing, lintel restoration, electrical work,
HVAC, plumbing, detach and reset of and fixed items to facade, sheet metal flashing work,
evening or weekend work hours.
Building Restoration Corporation (“BRC”) proposes to furnish and install the itemized restoration services described above, or in BRC’s
proposal in whole or in part, if mutually agreeable. Contact us immediately if you prefer to delete any individual work items contained in our
proposal. The work scope described above is to be performed for the contract price of:
Building Restoration Corporation (“BRC”) proposes to furnish and install the itemized restoration services described above, or in BRC’s
proposal in whole or in part, if mutually agreeable. Contact us immediately if you prefer to delete any individual work items contained in our
proposal. The work scope described above is to be performed for the contract price of:
Building Restoration Corporation (“BRC”) proposes to furnish and install the itemized restoration services described above, or in BRC’s
proposal in whole or in part, if mutually agreeable. Contact us immediately if you prefer to delete any individual work items contained in our
proposal. The work scope described above is to be performed for the contract price of:
Seventy-Three Thousand One Hundred Fifty-Four Dollars and no/100Seventy-Three Thousand One Hundred Fifty-Four Dollars and no/100 $73,154.00
Respectfully submitted, Building Restoration CorporationRespectfully submitted, Building Restoration CorporationRespectfully submitted, Building Restoration Corporation
BUYER’S AGREEMENT
The above work scope, costs and unit prices, contract Terms and Conditions contained herein and on the second page of this agreement,
are hereby accepted. BRC is hereby authorized to perform the work as proposed. Payments will be made promptly.
BUYER’S AGREEMENT
The above work scope, costs and unit prices, contract Terms and Conditions contained herein and on the second page of this agreement,
are hereby accepted. BRC is hereby authorized to perform the work as proposed. Payments will be made promptly.
BUYER’S AGREEMENT
The above work scope, costs and unit prices, contract Terms and Conditions contained herein and on the second page of this agreement,
are hereby accepted. BRC is hereby authorized to perform the work as proposed. Payments will be made promptly.
_________________________________ __________________________________
Company Authorized Signature
_________________________________ __________________________________
Date Title
_________________________________
Accepted by BRC
_________________________________
Date
_________________________________
Accepted by BRC
_________________________________
Date
Construction Agreement Page 1 of 2
9
Construction Agreement Page 2 of 2
10
11. CHANGE ORDERS – If BRC is required to alter or add to the scope of
work herein described, BRC shall receive sufficient notice to establish and
execute in writing an agreed upon price prior to proceeding with such extra
work. BRC shall not be obligated to perform extra work without a signed
change order. BRC shall be provided a copy of all modifications that impact
BRC’s work. For delays in the work that are not caused by BRC there shall be an
equitable adjustment in the contract price to allow for BRC’s increased costs. If
changes in the work are required to comply with local, state or federal laws,
rules or regulations, the contract price shall be adjusted to allow for BRC’s
increased cost of providing such changes. Such changes shall include, by way of
illustration and not limitation, compliance with EPA or MPCA regulations, city
building inspection requirements or other governmental agencies having
jurisdiction over the work, or temporary safety movement of high power lines.
12. QUANTITY OF WORK ADJUSTMENTS – Where this agreement
specifies an estimated quantity of specific work items, the contract price shall be
equitably adjusted by BRC up or down for deviations from the estimated
quantity. In the event that additional work is needed beyond the quantity
estimated by BRC’s proposal, it shall generally be the Buyer’s decision as to
whether or not to proceed with additional quantity of work due to the additional
costs involved. Where BRC has provided a unit price and an estimated quantity,
the listed unit prices shall govern the calculation of the increased cost of the
additional work. In the event that a lesser quantity of work is performed, BRC
shall calculate the credit issued to Buyer in its sole discretion which may be at
less than unit prices shown due to: unreturnable materials, restocking fees,
rescheduling costs, and other related expenses.
13. CONFIDENTIAL INFORMATION – BRC’s proposal and Construction
Agreement contain confidential information which cannot be disclosed to BRC’s
competitors. BRC shall retain all ownership and propriety rights in its proposals
and the information contained therein. Without the prior written consent of BRC,
the Buyer shall not use BRC’s proposal for any purpose other than performance
of this work by BRC and shall not reproduce or disclose any information
pertaining to BRC or BRC’s affairs such as but not limited to its unit prices, bid
pricing details, technical, specification or proprietary information, to any person
outside of its employ or at any public gathering. In the event of Buyer’s non-
acceptance of BRC’s proposal or termination of this agreement, Buyer shall
return to BRC, upon BRC’s request, all BRC information including its
proposals.
14. ASSIGNMENT AND SUCCESSORS – This agreement shall not be
assignable by Buyer to others without BRC’s specific written consent. All rights
and obligations of Buyer, under this agreement, shall inure to the benefit of, and
be binding upon, Buyer and Buyer’s representatives, heirs, successors, and
administrators.
15. SUBCONTRACTING – BRC reserves the right to assign or subcontract
any part of this agreement.
16. INDEMNITY – Buyer shall indemnify, defend and hold harmless BRC,
and its subcontractors against any loss or claim by the building tenants or
occupants that the work being performed hereunder, the scaffolding and/or
equipment, generate noise, dust or fumes, which interfere with their business
operations or reduces their visibility, sales, profits, sleep or otherwise has
adverse effects on them.
17. MISCELLANEOUS – BRC may have made oral statements or shown
photographs with comments about the building or recommended work in BRC’s
proposal. Such statements do not constitute warranties, shall not be relied on by
the Buyer, and are not part of this agreement. The entire agreement is embodied
in this writing, which constitutes the final expression of the parties’ intent, and it
is a complete and exclusive statement of the terms thereof. This agreement
supersedes and nullifies all prior oral and written representations. This
agreement may be modified only by subsequent writing signed by both parties.
Waiver by BRC of any provision hereof shall not constitute a waiver of other
provisions, related or unrelated or waiver of Buyer’s future compliance of such
provision therewith and such provision shall remain in full force and effect.
18. PRE-LIEN NOTICE “(a) Any person or company supplying
labor or materials for this improvement to your property may
file a lien against your property if that person or company is not
paid for the contributions.
(b) Under Minnesota law, you have the right to pay persons
who supplied labor or materials for this improvement directly
and deduct this amount from our contract price, or withhold the
amounts due them from us until 120 days after completion of the
improvement unless we give you a lien waiver signed by persons
who supplied any labor or material for the improvement and
who gave you timely notice.”
TERMS & CONDITIONS
1. ACCEPTANCE – This agreement is subject to acceptance by the Buyer
within 30 days from Construction Agreement Date printed on the face of this
agreement and is void thereafter at the sole option of BRC. Buyer is to sign
this agreement and deliver it to BRC. A fully signed agreement will be
returned to the Buyer. Any modifications to this agreement must be initialed
and dated by both parties to be binding. Electronic or email confirmation of
agreements must include both pages 1 & 2 of this agreement.
2. INSURANCE – BRC carries insurance in the following amounts:
a.Workers Compensation Statutory Coverage 100/500/100K
b. Comprehensive General Liability & Broad form Coverage:
(1) Bodily Injury $1,000,000 Each Occurrence
$2,000,000 Aggregate
(2) Property Damage $1,000,000 Each Occurrence
$2,000,000 Aggregate
c.Comprehensive Automobile Liability:
Combined Single Limit $1,000,000/Aggregate $2,000,000
d. Commercial Umbrella Liability
Total Aggregate Limit $9,000,000
3. WARRANTY – BRC warrants its completed work only in accordance
with BRC’s separate Guarantee Certificate.
4. MATERIALS FURNISHED BY THE BUYER – BRC shall not be
responsible for ordering, unloading, storage or guarantee of the durability of
any materials that are owned, purchased or furnished by the Buyer. Buyer
understands that BRC is not responsible to guarantee performance of any
existing building materials owned by Buyer and not replaced with new.
5. BUYER’S RESPONSIBILITIES – It will be the responsibility of the
Buyer to clear out or remove all vehicles, stored materials, etc., to permit
BRC complete and free access for its equipment, aerial lifts, scaffolding and
swing stages to access the building surfaces so that all of the project area upon
which BRC is to perform its work is to be ready and available. This may
include permission and access from neighboring properties for their rooftops
which Buyer warrants shall be provided. Buyer shall furnish at its expense
such legal descriptions or survey services, if necessary, to obtain required
government approvals and permits as needed for the project. The Buyer shall
designate a person who shall be fully acquainted with the scope of the work,
has authority to render decisions promptly, and furnish information
expeditiously and approve changes in the scope of the work, etc.
6. SCHEDULE – The Buyer and BRC shall develop a schedule and the
Buyer shall be responsible for making prompt selections and decisions to
maintain the approved schedule. Once approved by BRC, the schedule shall
not be shortened without BRC’s consent. If project is behind schedule due to
Buyer’s or Architect’s action or inaction, or due to Buyer’s failure to make
timely payments under this agreement, or due to governmental agency having
delayed approval of permits, material samples, color schedules or shop
drawings, or due to strikes, lockouts, acts of God, said lost time shall be added
to BRC’s scheduled date of completion without penalty. Buyer shall be liable
for all costs incurred by BRC as a result of such delays and shall promptly
reimburse BRC for all costs incurred including incidental and consequential
damages. Time extensions shall also be granted by Buyer for the performance
of extra or Change Order work as requested by BRC.
7. PAYMENT TERMS – BRC shall provide Buyer with monthly progress
invoices. Buyer shall deliver to BRC’s office by the 15th of the following
month net cash payment for 100% of the invoiced amount without retainage.
Any balances due that remain unpaid shall accrue interest at the rate of 1%
per month, which shall be promptly paid by Buyer to BRC’s office. BRC shall
not be required to pick up checks from Buyer. These payment terms may be
modified by supplemental terms if they are printed on page 1 of this
agreement. BRC shall have the right, but not the obligation, to stop work or
keep the worksite idle in the event payment is not made to BRC as required.
8. FINAL PAYMENT shall be delivered to BRC’s office within 15 days of
the date of BRC’s final invoice. Final payment by Buyer waives all of
Buyer’s claims against BRC except warranty claims.
9. ATTORNEY’S FEES AND VENUE – In the event of default of this
agreement, Buyer agrees to pay all costs and expenses of collection and
enforcement of the terms of this agreement incurred by BRC, including court
costs and all reasonable attorney’s fees. Any disputes between the parties shall
be venued exclusively in the State or federal courts of Minnesota.
10. OVERTIME – The contract price (Page 1 or the itemized costs) were
determined on the basis of crews working at straight time during a normal 40
hour work week. No forced overtime will be worked unless BRC is ordered
to do so by the Buyer in writing which shall also provide for the payment by
Buyer of the additional costs for workers overtime premium pay, plus
applicable insurance, payroll taxes, reasonable overhead and profit.
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Agreement with B irch Tree Care for Project 2020-114, 2020 Ash Tree Removals
S taff Contact:
J essica Schaum, Natural Resources Coordinator
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Approve agreement with Birch Tree C are for Project 2020-114, 2020 Ash Tree Removals, in
the amount of $32,985.
S UM M ARY:
In November 2019, quotes were sought from licensed tree contractors to remove 61 ash trees
from the public street boulevard at various locations throughout the city. T hree of seven
companies responded, (please see attached bid tab).
Property owners adjacent to each tree location have been contacted and are in favor of the
tree removal project. T he contractor will remove and dispose of each tree. T he tree removal
work is expected to be completed by the end of March 2020, with stump grinding to be
completed by J une 2020.
Property owners adjacent to the ash tree removal sites will be offered a tree replacement in
spring 2020.
A standard City agreement will be utilized.
B AC K G RO UND:
T his project will continue the C ity's proactive management of emerald ash borer infestations
t o public trees. T h e C ity began managing the ash tree population in 2014 to reduce the
impact of emerald ash borer on the urban forest. Currently there are approximately 1,700 ash
trees located within City street right-of-ways. Additional ash trees will likely be removed
later this winter when more infestations are visible.
B UD G E T I M PAC T:
Funding for the ash tree removal project is included in the Public Works Administration
Natural Resources operating budget.
AT TAC HM E NT S :
Quotation
BID TABULATION
PROJECT 2020-114
2020 Ash Tree Removals
1 Removal without Sidewalk 42 $39,405.00 $31,080.00 $23,352.00
BID $39,405.00 $31,080.00 $23,352.00
1 Removal with Sidewalk 19 $15,700.00 $9,330.00 $9,633.00
BID $15,700.00 $9,330.00 $9,633.00
TOTAL BID $55,105.00 $40,410.00 $32,985.00
No.ITEM QUANTITY Birch Tree Care, LLC
Precision Landscape
& TreeDavey Tree
Birch Tree Care, LLCNo.ITEM QUANTITY Davey Tree
Precision Landscape
& Tree
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 1 to A greement with Recreation by L emmie J ones, L L C, for Project
2019-158, A pple Valley F amily Aquatic Center Wet Play A rea I mprovements - I nstallation
S taff Contact:
B arry B ernstein, Parks and Recreation Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve Change O rder No. 1 to the agreement with Recreation by Lemmie J ones, LLC, for
Project 2019-158, Apple Valley Family Aquatic Center Wet Play Area Improvements -
Installation, by adding $2,000.00.
S UM M ARY:
Recreation by Lemmie J ones, LLC, has been contracted to complete installation of
"sprayground" equipment at the Apple Valley Family Aquatic C enter as part of Project No.
2019-158, Apple Valley Family A quatic C enter Wet Play Area Improvements - Installation.
Mr. J ones has submitted a change order request. T his results in an additional $2,000.00 cost
on the Agreement and is reflected as Change Order No. 1.
B AC K G RO UND:
T he agreement for Project No. 2019-158, Apple Valley Family Aquatic Center Wet Play
Area Improvements, requires an insurance umbrella policy in a minimum limit of
$2,000,000.00. When submitting his quote, the vendor believed the requirement would be
satisfied by providing copies of the subcontractors' insurance.
However, to meet the agreement requirements, the vendor is responsible for maintaining an
insurance policy as the insured. T herefore, the vendor has submitted a change order request
reflecting a portion of his cost of the umbrella or excess liability insurance policy. T his
resulted in an additional $2,000.00 cost on the Agreement and is reflected as Change Order
No. 1.
B UD G E T I M PAC T:
Original C ontract Amount $121,405.00
C hange Order No. 1 $2,000.00
Revised C ontract Amount $123,405.00
AT TAC HM E NT S :
Change Order Document(s)
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Change Orders to P roject 2017-101, Valleywood Reservoir Rehabilitation
S taff Contact:
Carol Blommel J ohnson, Public Works Superintendent - Utilities
Department / Division:
Utilities Division
AC T I O N RE Q UE S T E D:
1. Approve C hange Order No. 2 to the agreement with S EH, Inc., by adding an additional
$9,879.36.
2. Approve C hange Order No. 3 to the agreement with V & T Painting by adding an
additional $4,254.00.
S UM M ARY:
T hese C hange Orders are a necessary step to finalize this project. Change Order 2 is with
SEH Engineering for additional time to inspect and manage the project beyond the
established completion date. Also, SEH is covering costs to resize and repaint one of the
logos. C hange O rder 3 is with V&T Painting to remove landscape restoration from the
project and to redo the logo. T his work has been completed and approved by staff.
B AC K G RO UND:
On February 17, 2017, the C ity C ouncil approved an agreement with S EH, Inc. for reservoir
rehabilitation engineering services.
On May 25, 2017, the C ity C ouncil approved a resolution awarding the Valleywood
Reservoir Rehabilitation to V & T Painting, LLC.
On J uly 17, 2017, V & T Painting began rehabilitation work on the Valleywood Reservoir as
scheduled. T his project was projected to be completed within 9 weeks (September 17).
When work was not completed prior to October 31, 2017, a stop work order was
administered.
On J anuary 11, 2018, the C ity Council approved C hange Order N o. 1 in the amount of
$57,533.09 to SEH for project management and inspections costs beyond the reservoir
rehabilitation 9-week schedule. Per the original agreement, V & T Painting is responsible for
costs beyond the completion date of September 17.
On April 26, 2018, the C ity Council adopted a resolution to reinstate the contract with V & T
Painting, LLC, for Project 2017-101, Valleywood Reservoir Rehabilitation.
In 2018, the reservoir rehabilitation work was completed but the project was not finalized.
B UD G E T I M PAC T:
V&T Painting is responsible for covering the cost of inspection and construction management
services beyond the completion date. T his cost of $18,133.36 will be deducted from the
final pay request as outlined in the contract reinstatement agreement. S EH is responsible for
the logo size correction cost of $8,254.00.
AT TAC HM E NT S :
Change Order Document(s)
Change Order Document(s)
I T E M: 4.S.
C O UNC I L ME E T I NG D AT E :December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Acceptance and Final P ayment on Agreement with Mc Namara Contracting, I nc., for
P roject 2019-105, 2019 S treet I mprovements
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on the agreement with McNamara C ontracting, Inc., in
the amount of $95,572.38; and accepting Project 2019-105, 2019 Street Improvements, as
complete and authorizing final payment in the amount of $95,572.38 for a contract total of
$590,894.81.
S UM M ARY:
Attached please find the fourth and final payment for Project 2019-105, 2019 Street
Improvements. All public improvements associated with the project are complete and in
acceptable condition to become public infrastructure of the City. T his final payment of
$95,572.38 will close the agreement with McNamara C ontracting, Inc., and result in a total
construction cost of $590,894.81.
Total project expenses fall within the preliminary project estimate of $674,718.76.
B AC K G RO UND:
City C ouncil adopted Resolution 2018-136 on September 13, 2018, directing the preparation
of plans and specifications for Project 2019-105, 2019 Street Improvements.
On February 14, 2019, C ity C ouncil adopted Resolution 2019-15, approving plans and
specifications and directing receipt of sealed bids for Project 2019-105, 2019 Street
Improvements.
T he C ity 2019 C apital Improvement Program identifies potential street reconstruction and
maintenance work. T he scope of the project consists of the following:
142nd Street and Granite Avenue Reconstruction
Fair Oak Court Reconstruction
Annual Ring Route Concrete Sidewalk Repairs and Utility Street Patching
Water Main Break Street Patching
160th Street Trail Resurfacing Hyland Avenue to Harwell Avenue
Energy Way Sidewalk Extension
On May 9, 2019, the C ity C ouncil awarded a construction contract to McNamara
Contracting, Inc., in the amount of $674,718.76 for Project 2019-105, 2019 Street
Improvements. Resolution 2019-59.
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
Construction C ost $ 674,718.76 $ 590,894.81
Construction C ontingency 40,281.24 0.00
Engineering, Contract Admin, Inspection,
Testing, Surveying
106,111.00
149,327.69
Total Estimated Cost $ 821,111.00 $ 740,222.50
Estimated Project Funding:
Road Improvement Fund $ 722,111.00 $ 684,065.28
Water Utility Fund (Break Patching)50,000.00 56,157.22
Dakota C ounty (Trail Surfacing)49,000.00 0.00
Total Estimated Funding $ 821,111.00 $ 740,222.50
AT TAC HM E NT S :
F inal Pay Documents
I T E M: 4.T.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove 2020-2021 L abor Agreement with L E L S L ocal No. 71
S taff Contact:
Melissa Haas, Human Resources Manager
Department / Division:
Human Resources Division
AC T I O N RE Q UE S T E D:
Approve 2020-2021 Labor Agreement with LELS Local No. 71.
S UM M ARY:
LELS Local No. 71 representing the C ity of Apple Valley’s Police Officers has voted to
enter into a two-year agreement with the City. Consistent with our discussion in closed
session, the proposed contract is attached. T he major changes are summarized as follows:
Duration
2 Years: J anuary 1, 2020 – December 31, 2021
Wages
2020: 3.00% increase effective December 21, 2019
2021: 3.00% increase effective December 19, 2020
Wellness C ompensation: 2.5% wellness compensation amount is added to base pay in 2020;
section is eliminated as an incentive and replaced as a requirement with a one-time
irrevocable opt-out available for grandfathered employees.
City Insurance C ontribution
T he maximum City contribution to group health benefits shall be the same amount as is
approved for unrepresented employees.
Annual Uniform Allowance / Other C ompensation
Annual uniform allowance is increased by $50 in 2020.
Holidays
T hanksgiving Day, C hristmas Eve, and C hristmas Day are added to double-time holidays if
four or more hours of the shift occurs on the holiday (consistent with Sergeants’ agreement
language).
Resignation
Requires an employee to provide 14 calendar days advance written notice to resign in good
standing and receive payment of unused annual leave hours.
An employee, who provides a minimum of six months written notice in advance of resignation
from employment in good standing, receives a one-time cash payment in the amount of
$1,000 on the employee’s final pay check. An employee, who provides a minimum of three
months (but less than six months) written notice in advance of resignation from employment in
good standing, receives a one-time cash payment in the amount of $500 on the Employee’s
final pay check.
B AC K G RO UND:
Staff and representatives of LELS Local No. 71 representing the C ity's Police Officers have
conducted multiple meetings and bargained in good faith to reach the recommended
agreement.
B UD G E T I M PAC T:
Changes are consistent with the 2020 approved budget and 2021 budget as currently
proposed.
AT TAC HM E NT S :
Agreement
LABOR AGREEMENT
BETWEEN THE
CITY OF APPLE VALLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 71
JANUARY 1, 2020 - DECEMBER 31, 2021
2020– 2021 LELS Local No. 71 Contract ii
CITY OF APPLE VALLEY
TABLE OF CONTENTS
(Numerical Order)
ARTICLE TITLE Page
1 Purpose of Agreement 1
2 Recognition 1
3 Definitions 1
4 Employer Security 2
5 Employer Authority 2
6 Union Security 3
7 Employee Rights-Grievance Procedure 3
8 Seniority 5
9 Discipline 5
10 Shift Bidding 5
11 Work Hours 6
12 Overtime 6
13 Working Out Of Classification 7
14 Assigned Training 7
15 Annual Leave 7
16 Holiday Leave 8
17 Planned Annual Leave and Holiday Leave Selection 9
18 Bereavement Leave 10
19 Jury Leave 10
20 Military Leave 10
21 Injured On Duty 10
22 Insurance 10
23 Uniforms 10
24 Monthly Salaries 11
25 Continuing Employment Qualifications 11
26 Savings Clause 11
27 Waiver 11
28 Expense Reimbursement 12
29 P.O.S.T. Training 12
30 Civil Court 12
31 Drug and/or Alcohol Testing 12
32 Duration 18
33 Health Care Savings Plan 18
34 Post Employment Health Reimbursement Arrangement 19
35 Resignation 19
36 Wellness 20
Signatures 20
Appendix A Base Pay Scale I 21
Base Pay Scale II 21
Detective 22
School Resource Officer 22
Canine Handler 22
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CITY OF APPLE VALLEY
TABLE OF CONTENTS
(Alphabetical Order)
Article Number Page
Annual Leave 15 7
Assigned Training 14 7
Base Pay Scale I Appendix A 21
Base Pay Scale II Appendix A 21
Bereavement Leave 18 10
Canine Handler Appendix A 22
Civil Court 30 12
Continuing Employment Qualifications 25 11
Definitions 3 1
Detective Appendix A 22
Discipline 9 5
Drug and/or Alcohol Testing 31 12
Duration 32 18
Employee Rights-Grievance Procedure 7 3
Employer Authority 5 2
Employer Security 4 2
Expense Reimbursement 28 12
Health Care Savings Plan 33 18
Holiday Leave 16 8
Injured On Duty 21 10
Insurance 22 10
Jury Leave 19 10
Military Leave 20 10
Monthly Salaries 24 11
Overtime 12 6
Planned Annual Leave/Holiday Leave 17 9
P.O.S.T. Training 29 12
PEHRA 34 19
Purpose of Agreement 1 1
Recognition 2 1
Resignation 35 19
Savings Clause 26 11
School Resource Officer Appendix A 22
Seniority 8 5
Shift Bidding 10 5
Signatures 20
Union Security 6 3
Uniforms 23 10
Waiver 27 11
Wellness 36 20
Work Hours 11 6
Working Out of Classification 13 7
2020– 2021 LELS Local No. 71 Contract 1
CITY OF APPLE VALLEY
MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF APPLE VALLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
2020 - 2021
ARTICLE 1
PURPOSE OF AGREEMENT
1.1 This agreement is entered into as of January 1, 2020, between the City of Apple Valley, hereinafter called
the Employer, and Law Enforcement Labor Services, Inc., hereinafter called LELS.
1.2 It is the intent and purpose of this agreement to:
a. Establish procedures for the resolution of disputes concerning this agreement's interpretation and/or
application; and,
b. Place in written form the parties' agreement upon terms and conditions of employment for the
duration of this agreement.
ARTICLE 2
RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, for all police
personnel in the following described unit: "All peace officers subject to licensure employed by the Apple
Valley Police Department, Apple Valley, Minnesota, whose employment service exceeds the lesser of 14
hours per week or 35% of the normal work week and more than 100 work days per year, excluding
supervisory and confidential Employees."
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or
modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination.
ARTICLE 3
DEFINITIONS
3.1 Union: Law Enforcement Labor Services, Inc. (LELS).
3.2 Union Member: A member of Law Enforcement Labor Services, Inc., Local 71
3.3 Employee: A member of the exclusively recognized bargaining unit.
3.4 Department: The Apple Valley Police Department.
3.5 Employer: The City of Apple Valley.
3.6 Chief: The Chief of the Apple Valley Police Department.
3.7 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, Inc.
3.8 Overtime: Work performed at the express authorization of the Employer in excess of the Employee's
scheduled shift.
3.9 Scheduled Shift: A work period including rest breaks and a meal break.
3.10 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty and
is responsible for assigned duties.
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3.11 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty and
is responsible for assigned duties.
3.12 Employee's Base Pay Rate: Regular earning rate per hour determined by multiplying the current monthly
salary by 12 and dividing the result by 2080 annual hours.
3.13 Immediate Family: spouse, parent (including stepparent or legal guardian), child (including
stepchild/foster child, sibling (including stepsibling), grandparent, grandchild, aunt/uncle, parent-in-law,
grandparent-in-law, brother/sister-in-law, and son/daughter-in-law, or other immediate family member
approved by the department head or designee.
3.14 Probationary Period: A period of time commencing on the date employment commences and ending one
year from that date.
3.15 Promotion: Any change in job classification which results in an increase in pay.
3.16 Full-Time Employment: An Employee whose hours in a calendar year meets the hour requirements of
Article 11 of this agreement has full-time employment.
3.17 Part-Time Employment: An Employee who works more than an averaged 20 hour work week in a calendar
year, but less than the hour requirements of Article 11 of this agreement has part-time employment.
3.18 Full Benefits: Employees who work an averaged 35 hour work week or more in a calendar year shall receive
full benefits as listed in this agreement for full-time employment.
3.19 Pro Rata Benefits: Employees who work an averaged 20 but less than an averaged 35 hour work week
shall receive pro rata benefits of full benefits as listed in this agreement for full-time employment.
3.20 Detective: An Employee specifically assigned by the Employer to the job position of rotating or non-rotating
detective.
3.21 School Resource Officer: An Employee specifically assigned by the Employer to the position of School
Resource Officer performing assigned duties primarily within or associated with one or more schools, and
regularly scheduled accordingly by the Employer.
3.22 Canine Handler: An Employee assigned to the care, training and department authorized use of an
Employer-owned service dog.
ARTICLE 4
EMPLOYER SECURITY
4.1 The Union agrees that during the life of this agreement, that the Union will not cause, encourage, participate
in or support any strike, slow-down or other interruption of or interference with the normal function of the
Employer.
ARTICLE 5
EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage all human resources, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization
of technology; to establish and modify the organizational structure; to select, direct and determine the number
of personnel; to establish work schedules; and to perform any inherent managerial function not specifically
limited by this agreement.
5.2 Any term and condition of employment not specifically established or modified by this agreement shall remain
solely within the discretion of the Employer to modify, establish, or eliminate.
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CITY OF APPLE VALLEY
ARTICLE 6
UNION SECURITY
6.1 The Employer shall deduct from the wages of Employee who authorize such a deduction in writing an amount
necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union.
6.2 The Union may designate Employees from the bargaining unit to act as local union officer(s) and shall inform
the Employer in writing of such choice and changes in the position of local union officer(s).
6.3 The Employer shall make space available on the Employee bulletin board for posting Union notice(s) and
announcement(s) and to make space available, at a city-owned facility for Employee Union meetings when
such meetings do not conflict with the operation of the Employer. The Employer shall permit use of available
electronic information systems for posting Union notices and announcements in conformance with all
Employer rules and regulations pertaining to the use of electronic correspondence.
6.4 The Employer agrees to post all promotional opportunities within the department for a period of 10 working
days.
6.5 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or
judgments brought or issued against the Employer as a result of any action taken or not taken by the
Employer under the provisions of this Article.
ARTICLE 7
EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
7.1 Definition of A Grievance: A grievance is defined as a dispute or disagreement as to the interpretation or
application of the specific terms and conditions of this agreement.
7.2 Union Representatives: The Employer will recognize representatives designated by the Union as the
grievance representatives of the bargaining unit having the duties and responsibilities established by this
Article. The Union shall notify the Employer in writing of the names of such Union representatives and of
their successors when so designated as provided by 6.2 of this agreement.
7.3 Processing of A Grievance: It is recognized and accepted by the Union and the Employer that the
processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the
Employees and shall therefore be accomplished during normal working hours only when consistent with such
Employee duties and responsibilities. The aggrieved Employee and a Union representative shall be allowed
a reasonable amount of time without loss in pay when a grievance is investigated and presented to the
Employer during normal working hours provided the Employee and the Union representative have notified
and received the approval of the designated supervisor who has determined that such absence is reasonable
and would not be detrimental to the work programs of the Employer.
7.4 Procedure: Grievances, as defined by Section 7.1, shall be resolved in conformance with the following
procedure:
Step 1: An Employee claiming a violation concerning the interpretation or application of this agreement shall,
within 21 calendar days after such alleged violation has occurred, present such grievance to the Employee's
supervisor as designated by the Employer. The Employer-designated representative will discuss and give
an answer to such Step 1 grievance within 10 calendar days after receipt. A grievance not resolved in Step
1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on
which it is based, the provision or provisions of the agreement allegedly violated, and the remedy requested
and shall be appealed to Step 2 within 10 calendar days after the Employer-designated representative's final
answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within 10 calendar days shall
be considered waived.
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CITY OF APPLE VALLEY
Step 2: If appealed, the written grievance shall be presented by the Union and discussed with the Employer-
designated Step 2 representative, Police Chief or designee. The Employer-designated representative, Police
Chief or designee shall give the Union the Employer's Step 2 answer in writing within 10 calendar days after
receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within 10
calendar days following the Employer-designated representative's, Police Chief or designee, final Step 2
answer. Any grievance not appealed in writing to Step 3 by the Union within 10 calendar days shall be
considered waived.
Step 3: If appealed, the written grievance shall be presented by the Union and discussed with the Employer-
designated Step 3 representative, City Administrator or designee. The Employer-designated representative,
City Administrator or designee, shall give the Union the Employer's answer in writing within 10 calendar days
after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within
10 calendar days following the Employer-designated representative's, City Administrator or designee, final
answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within 10 calendar days shall
be considered waived.
Step 4: A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to
the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an
arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as
established by the Bureau of Mediation Services.
7.5 Arbitrator's Authority:
a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms
and conditions of this agreement. The arbitrator shall consider and decide only the specific issue(s)
submitted in writing by the Employer and the Union, and shall have no authority to make a decision
on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying
or varying in any way the application of laws, rules, or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing within thirty (30) calendar days following the
close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties
agree to an extension. The decision shall be binding on both the Employer and the Union and shall
be based solely on the arbitrator's interpretation or application of the express terms of this agreement
and to the facts of the grievance presented.
c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the
Employer and the Union provided that each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim record of the proceedings, it may
cause such a record to be made, providing it pays for the record. If both parties desire a verbatim
record of the proceedings, the cost shall be shared equally.
7.6 Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered "waived".
If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof,
it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a
grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as
denied at that step and immediately appeal the grievance to the next step. The time limit in each step may
be extended by mutual agreement of the Employer and the Union.
7.7 Choice of Remedy: If, as a result of the written Employer response in Step 3, the grievance remains
unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has
completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a
procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure
other than Step 4 of Article 7, the grievance is not subject to the arbitration procedure as provided in Step 4
of Article 7. The aggrieved Employee shall indicate in writing which procedure is to be utilized, Step 4 of
Article 7 or another appeal procedure, and shall sign a statement to the effect that the choice of any other
hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 7.
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CITY OF APPLE VALLEY
Except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity
Commission, an Employee pursuing a statutory remedy is not precluded from also pursuing an appeal under
this grievance procedure. If Equal Employment Opportunity Commission v. Board of Governors is overruled,
this paragraph will be null and void and shall be deleted.
ARTICLE 8
SENIORITY
8.1 Seniority will be determined by the Employee's length of continuous employment with the department and
posted in an appropriate location.
8.2 During the probationary period, a newly hired or rehired Employee may be discharged at the sole discretion
of the Employer. During the probationary period, a promoted or reassigned Employee may be returned to
the Employee's previous position at the sole discretion of the Employer.
8.3 In the event of layoff, the Employee with the least seniority shall be laid off first. The last Employee laid off
shall be the first to be recalled for work. No new Employees shall be hired until the layoff list has been
exhausted. Employees will be listed on the layoff list for a maximum of 24 months following their layoff.
Recalled Employees shall have 2 calendar weeks after receipt of notification of recall, issued by certified mail
to the Employee's last known address, to report to work or forfeit all recall rights.
ARTICLE 9
DISCIPLINE
9.1 The Employer will discipline Employees for just cause only. All actions relative to discipline must be
implemented by the Employer within 60 days of the incident leading to the disciplinary action. However, if
the Employer discovers new evidence after the 60 days have elapsed, a new 60 day timeline will begin from
the date the Employer became aware of the new evidence. At the discretion of the Employer, in the case of
a criminal investigation the timeline may be suspended by the Employer without notice. Discipline will be in
one or more of the following forms:
a. Oral reprimand
b. Written reprimand
c. Suspension
d. Reassignment
e Demotion, or
f. Discharge
9.2 Notice of suspension, demotions and discharge will be in written form. The Employee shall be provided with
a copy of each such notice.
9.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an
Employee’s personnel file shall be read and acknowledged by signature of the Employee. The Employee
will receive a copy of such reprimands and/or notices.
9.4 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has
been given an opportunity to have a Union representative present at such questioning.
9.5 Employees may examine their own individual personnel files at reasonable times under the direct supervision
of the Employer.
9.6 Grievances relating to this Article may be initiated by the Union in Step 2 of the grievance procedure.
ARTICLE 10
SHIFT BIDDING
10.1 Senior qualified Employees shall be given shift assignment preference after 18 months of continuous full-
time employment.
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CITY OF APPLE VALLEY
10.2 During the academic year for Independent School District 196, School Resource Officers (SROs) shall be
scheduled independently from the patrol schedule.
10.3 Canine Handlers shall be scheduled independent from the patrol bid process and shall not be subject to
Article 10.1 or Article 11.2. The Employer shall determine schedules and duties of a Canine Handler.
ARTICLE 11
WORK HOURS
11.1 The number of hours for full-time employment shall be based on a 40 hour work week and shall be accounted
for by each Employee through:
a. hours worked on assigned shifts;
b. assigned training hours;
c. authorized leave time;
11.2 Voluntary shift switching may be arranged between Employees with Employer approval provided such
switching is not used as the basis for a claim of overtime. A voluntary shift switch between Employees may
be allowed, with less than seven days notice to Employer, but shall not create an entitlement to overtime
pursuant to Sec. 12.1.
ARTICLE 12
OVERTIME
12.1 Employees will be compensated at 1½ times the Employee's base pay rate for hours worked in excess of
the Employee's scheduled shift. Changes of shifts do not qualify an Employee for overtime under this Article
unless less than 7 days advance notice is given to an Employee of a change of the Employee's shift. For
employees assigned to the position of general detective (non-rotational and rotational positions), a schedule
change, without overtime, and with advance notice between 24 hours and 7 days, may be mutually agreed
upon by the affected Employee and Employer. Such detective schedule changes will accommodate the
unique duties required of the general detective position.
12.2 Overtime will be distributed using the overtime list. The overtime list shall be maintained by the Employer.
An Employee shall remain at the top of the overtime list until the Employee has accepted an offer of overtime.
Upon working the overtime the Employee shall move to the bottom of the overtime list. The next Employee
on the overtime list is then eligible for the next overtime opportunity. New Employees shall be placed at the
bottom of the overtime list upon their date of hire.
12.3 If no Employee accepts the offered overtime, the Employer shall refer to the most current police officer
seniority roster and order in the least senior officer who is available to work. Upon being ordered in, the
affected officer’s place on the overtime list shall not be changed.
12.4 The overtime list shall be used when practical. Local 71 recognizes the following circumstances when use
would not be practical: shift extensions, early call-ins, and late-night staffing emergencies. Any overtime filled
using means other than 12.2 shall not affect the overtime list.
12.5 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided,
compounded, or paid twice for the same hours worked.
12.6 Overtime will be calculated to the nearest 12 minutes.
12.7 Employees have the obligation to report to work if requested by the Employer unless unusual circumstances
prevent the Employee from so working.
12.8 An Employee who is ordered to court during the Employee 's scheduled off-duty time shall receive a minimum
of 3 hours pay at 1½ times the Employee 's base pay rate unless the Employee is canceled 24 hours or more
prior to the Employee’s ordered arrival time at court. An extension or early report to a regularly scheduled
shift for duty does not qualify the Employee for the 3 hour minimum.
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12.9 An Employee who is called to duty during the Employee's scheduled off-duty time shall receive a minimum
of 3 hours pay at 1½ times the Employee's base pay rate. An extension or early report to a scheduled shift
for duty does not qualify the Employee for the 3 hour minimum.
12.10 An Employee may request that each hour of time eligible for overtime under this Article, in lieu of payment,
be accumulated as compensatory time at the rate of 1½ hours for each eligible hour, provided that the
maximum compensatory hour balance for each Employee shall at no time exceed the threshold set forth in
Article 33.5(A). The use of compensatory time hours shall be scheduled as if it were leave time. An
Employee may carry compensatory time from year to year. Any compensatory time in excess of the threshold
set forth in Article 33.5(A) shall be cashed-out on December 31 of each year at the Employee's current base
pay rate. However, the An Employee may, at their discretion, cash-out all or a part of the Employee's
compensatory time bank hours at any time throughout the year at the Employee's current hourly base pay
rate.
12.11 State and federal grants stipulating that overtime will be paid in wages rather than compensatory time shall
be paid in overtime and not compensatory time.
ARTICLE 13
WORKING OUT OF CLASSIFICATION
13.1 Employees assigned by the Employer to assume the full responsibilities and authority of a higher job
classification shall receive the salary schedule of the higher classification for the duration of the assignment.
ARTICLE 14
ASSIGNED TRAINING
14.1 Assigned training hours may be scheduled in lieu of the Employee's scheduled shift. Should the hours of
assigned training on any day be less than the hours of a normal shift, the difference shall be rescheduled by
the Employer within the same pay period. The Employee has the option of using accumulated comp time,
annual leave, vacation, or holiday time in lieu of returning to work to complete a shift. An Employee assigned
to training during the Employee's scheduled off-duty time shall receive a minimum of three and one-half (3.5)
hours straight time. An early report or extension of a shift does not qualify for the minimum three and one-
half hours.
ARTICLE 15
ANNUAL LEAVE
15.1 Eligible Employees shall earn annual leave in accordance with the following schedule. An Employee's initial
date of employment shall be used to determine the appropriate hours of annual leave to be accrued.
(1) 0-5 years = 4.62 hours per 2 weeks of work (3 weeks annually).
(2) 6-10 years = 6.16 hours per 2 weeks of work (4 weeks annually).
(3) 11-15 years = 7.69 hours per 2 weeks of work (5 weeks annually).
(4) 16-20 years = 8.31 hours per 2 weeks of work (5.4 weeks annually).
(5) 21+ years = 9.23 hours per 2 weeks of work (6 weeks annually).
15.2 Annual leave shall be taken either as planned leave which will be scheduled in advance pursuant to Article
18 herein; or, unplanned leave which will require notification to the City within a timely manner of the
Employee's scheduled work day.
15.3 The City will place into effect a short term disability insurance policy to be effective following 120 hours of
continuous absence due to illness or injury. An Employee shall be eligible to collect the short term disability
benefit until the Employee becomes eligible for long term disability or 6 months following the date of the
qualifying injury or illness, whichever occurs first. The City may request, at any time, that an Employee
provide a medical doctor's statement including verification of illness and/or ability to return to work.
15.4 An Employee shall be eligible to continue to receive the City's insurance contribution, in accordance with
Article 22, toward the purchase of group insurance during the period of time the Employee is receiving short
term disability insurance benefits, not to exceed six (6) months from the qualifying date of illness or injury.
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CITY OF APPLE VALLEY
15.5 The City will, upon request, pay the Employer contribution amount due to PERA for an Employee's
purchase of service credit and salary from an authorized short term disability leave of absence if all of the
following conditions are met:
1) The request is received by the City no later than 120 days after the end of the Employee's authorized
short term disability leave of absence; and
2) The Employee has returned to full, unrestricted duty actively working a regular full-time schedule with
the City; and
3) The Employee provides the City with evidence of payment of the Employee contribution amount due to
PERA.
15.6 Annual leave shall not be earned by an Employee for any period during which the Employee is not being
paid. An Employee shall not be eligible to be compensated for annual leave, or earn additional annual leave
during the time an Employee is receiving disability insurance payments.
15.7 Annual leave may not accrue in excess of the threshold set forth in Article 33.5(A).
15.8 Planned annual leave may be denied or approval withdrawn when the granting of such planned annual leave
would result in insufficient personnel to carry out necessary functions as deemed appropriate by the City or
to comply with Article 17 herein.
15.9 If use of unplanned leave suggests abuse, the City shall notify the Employee of this concern. If such abuse
continues the City may deny future unplanned leave requests. The City may request, at any time, that an
Employee provide a medical doctor's statement including verification of illness and/or ability to return to work.
15.10 An Employee, who has an accrued and unused balance of 136 or more hours of annual leave, may make
an irrevocable election annually by December 31, to receive cash compensation in lieu of up to 16 hours
of annual leave earned in the subsequent year.
Such election shall be made in writing in a format determined by the city and received in Human
Resources by December 31.
Upon making such election, annual leave earned beginning the start of the first pay period in January of
the subsequent year, up to the amount elected by the Employee, shall not be credited to the Employee's
annual leave bank, but instead shall be paid to the employee at the employee's base pay rate on the
earliest of:
1) When requested by the Employee on one regular pay check in the calendar year subsequent to the
Employee's election, provided the elected number of hours have been earned; or
2) The first pay check in December of the year subsequent to the Employee's election; or
3) Upon the Employee's separation from employment.
15.11 An Employee who leaves the employment of the City in good standing shall be compensated for all accrued
and unused annual leave at the time of separation of employment, subject to the provisions of Article 33.5.
15.12 An Employee shall not be permitted to waive annual leave for the purpose of receiving double pay.
ARTICLE 16
HOLIDAY LEAVE
16.1 Each Employee shall be credited with 96 hours of holiday leave time in a holiday leave bank, on January 1
of each year in lieu of holidays.
16.2 Requests for use of holiday leave time shall be made in writing by the Employee and in accordance with the
leave section of this Article. The Employer reserves the sole right to grant holiday leave time.
16.3 Holiday leave time shall not accumulate from year to year. Up to 88 hours of holiday leave time that is
remaining in the Employee's holiday leave bank on December 31 shall be cashed-out at the Employee's
current base pay rate. Any hours greater than 88 remaining in the Employee's holiday leave bank on
December 31 shall be forfeited.
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16.4 Holiday leave time for a new Employee, an Employee leaving employment, or a part-time Employee shall be
appropriately prorated to reflect the actual holidays observed by the Employer as of the date of the event
affecting employment status. If an Employee leaving employment has taken more holiday leave time than
the appropriate pro-rated amount, the difference shall be deducted from the Employee's final paycheck.
16.5 An Employee scheduled to work on Independence Day, Thanksgiving Day, Christmas Eve Day and
Christmas Day will be paid 2 times the base rate of pay for every hour worked. An Employee scheduled to
work any hours on the remaining holidays designated by this contract shall be paid 1½ times base rate of
pay for every hour worked on that holiday.
Holiday 2020 2021
New Year’s Day January 1 January 1
Martin Luther King Day January 20 January 18
Presidents Day February 17 February 15
Memorial Day May 25 May 31
Independence Day July 4 July 4
Labor Day September 7 September 6
Veterans Day November 11 November 11
Thanksgiving November 26 November 25
Day after Thanksgiving November 27 November 26
Christmas Eve December 24 December 24
Christmas Day December 25 December 25
16.6 An Employee called in to work on a holiday, or who has their shift extended on a holiday, shall be paid for
each hour actually worked at 2 times the Employee’s base pay rate if they were not scheduled to work during
that time. If the Employee is called in to work, or has their shift extended on a double time holiday, the
Employee shall earn 2 ½ times the Employee’s base pay rate if they were not scheduled to work during that
time.
16.7 An Employee scheduled for training during any hours of the above holidays shall be paid for each hour of
actual training at one and one half (1 ½ ) times the Employee’s base pay rate.
16.8 An Employee working a shift all or in part on Independence Day, Thanksgiving Day, Christmas Eve, or
Christmas Day shall be paid at two (2) times the Employee’s base pay rate for their scheduled shift, if four or
more hours of the shift occur on the holiday. Double time payment under this paragraph shall be limited to
the greater of 10 hours or actual hours worked.
ARTICLE 17
PLANNED ANNUAL LEAVE AND HOLIDAY LEAVE SELECTION
17.1 All planned annual/holiday leave requests shall be submitted in writing.
17.2 Any planned annual/holiday leave request made at least 30 days in advance, if granted, shall be granted on
the basis of seniority. To comply with this clause, the Employer may withdraw approvals previously granted,
if necessary, because of a later request from a more senior Employee.
17.3 Planned annual/holiday leave periods of 40 hours or more shall be requested in writing by the Employee at
least 30 days in advance.
17.4 Planned annual/holiday leave requests made less than 30 days in advance may be honored at the sole
discretion of the Employer and, if granted, will be approved on a first come, first served basis.
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17.5 Planned annual/holiday leave requests granted by the Employer under clause 17.4 shall not supersede those
granted under clauses 17.2 and 17.3.
17.6 The Employer shall attempt to post the approved planned annual leave schedules.
ARTICLE 18
BEREAVEMENT LEAVE
18.1 A full-time Employee may request up to three (3) days of bereavement leave in the event of a death in the
immediate family. Immediate family is defined as: spouse, parent (including stepparent or legal guardian),
child (including stepchild/foster child, sibling (including stepsibling), grandparent, grandchild, aunt/uncle,
parent-in-law, grandparent-in-law, brother/sister-in-law, and son/daughter-in-law, or other immediate
family member approved by the department head or designee. The department head or designee will be
responsible for approving or denying requests for bereavement leave. Bereavement leave shall not be
charged against an Employee’s leave balance.
ARTICLE 19
JURY LEAVE
19.1 Employees shall be granted an amount of compensation which will equal the difference between the
Employee's regular pay and compensation received for jury duty less mileage.
ARTICLE 20
MILITARY LEAVE
20.1 Employees shall be granted military leave as provided by Minnesota Statutes and federal law.
ARTICLE 21
INJURED ON DUTY
21.1 An Employee, who in the ordinary course of employment, while acting in a reasonable and prudent manner
and in compliance with established rules and procedures of the Employer, is injured during the performance
of the Employee's duties and thereby unable to work, shall be paid the difference between the Employee's
regular pay and the workers' compensation insurance payments for a period not to exceed 720 scheduled
working hours per injury, not charged to the Employee's annual leave or other accumulated paid benefits.
Any injury that does not result in compensation under the workers' compensation law shall not be
compensable under this Article.
ARTICLE 22
INSURANCE
22.1 The Employer contribution to an Employee’s group health benefits provided by the Employer shall
be the same amount as is approved for unrepresented employees.
22.2 The Employer at the Employer's cost, shall place into effect customary Police Professional Liability insurance,
which includes coverage for punitive damages and Employer approved extra duty employment as a police
officer. Such insurance shall have limits at least in the amounts of $200,000.00 each person, $500,000.00
each occurrence, and $750,000.00 annual aggregate.
ARTICLE 23
UNIFORMS
23.1 The Employer shall furnish to each new Employee the Employer required uniform and related parts. The
Employer shall furnish each officer with soft body armor and replace the soft body armor, at a minimum every
6 years or as needed due to wear and tear of the armor. Selection of soft body armor will be a cooperative
effort between the Employer and the affected Employees. Final selection of soft body armor will be at the
discretion of the Employer.
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23.2 The Employer shall pay a cash uniform allowance to each Employee in the annual amount of $1,000. An
Employee must have successfully completed the probationary year of employment prior to eligibility to
receive the uniform allowance benefit and then shall be eligible for the appropriate pro-rata amount for the
remainder of that calendar year.
23.3 The Employee shall be responsible for the continued upkeep and maintenance of the initially issued
Employer required uniform and related parts from the proceeds of the cash allowance. Any amount not used
for this purpose shall be used for any other clothing or equipment used in the course of employment.
23.4 The Employer shall pay a cash allowance to each Employee in the annual amount of $100 for the
replacement of personal items damaged, destroyed or lost during the performance of the Employee's duties.
An Employee must have successfully completed the probationary year of employment prior to eligibility to
receive the allowance and then shall be eligible for the appropriate pro-rata amount for the remainder of that
calendar year.
23.5 Employees shall return Employer-issued and owned property upon separation of employment with the
Employer.
ARTICLE 24
MONTHLY SALARIES
24.1 Employees shall be paid monthly salaries as listed in Appendix "A" of this agreement.
24.2 Salary changes are related to continuous months of employment. The effective date for an Employee's
salary change shall be the anniversary date of employment. The Union recognizes that the Employer
operates a bi-weekly payroll system and agrees that the effective date for salary changes for Employee
anniversaries occurring in the first week of the pay period shall be the first day of that pay period and that the
effective date of salary changes occurring in the second week of the pay period shall be the first day of the
next pay period.
24.3 The Employer shall have the sole authority to determine the appropriate step placement for a new Employee.
24.4 An Employee shall receive one hour added to the Employee's compensatory time bank per full shift while
actually working as a field training officer with responsibilities for evaluation of a new officer. The hour of
compensatory time shall be pro-rated for shifts shorter than 10 hours.
ARTICLE 25
CONTINUING EMPLOYMENT QUALIFICATIONS
25.1 Any Employee whose state license to act as a peace officer has been revoked shall, at a minimum, be
suspended without pay during that period, and may, based on the reasons for revocation, be dismissed.
ARTICLE 26
SAVINGS CLAUSE
26.1 This agreement is subject to law. In the event any provision of this agreement shall be held to be contrary to
law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within
the time provided, such provision shall be voided. All other provisions of this agreement shall continue in full
force and effect. The voided provision may be renegotiated at the request of either party.
ARTICLE 27
WAIVER
27.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and
conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby
superseded.
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27.2 The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any term or condition of
employment not removed by law from bargaining. All agreements and understandings arrived at by the
parties are set forth in writing in this agreement for the stipulated duration of this agreement. The Employer
and the Union each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all
terms and conditions of employment referred to or covered in this agreement or with respect to any term or
condition of employment not specifically referred to or covered by this agreement, even though such terms
or conditions may not have been within the knowledge or contemplation of either or both of the parties at the
time this contract was negotiated or executed.
ARTICLE 28
EXPENSE REIMBURSEMENT
28.1 Any Employees required to perform duties outside the city limits of the City of Apple Valley shall be
reimbursed for travel expenses and meals at the same rates applicable to other Employees of the Employer.
ARTICLE 29
P.O.S.T. TRAINING
29.1 The Employer will provide licensed Employees, as defined by Minnesota statute, with 48 hours of P.O.S.T.
Board approved continuing education during each three year licensing renewal period.
29.2 The Employer shall pay each Employee's regular salary while attending such continuing education courses.
29.3 The Employer shall pay the Employee's license fees required by the P.O.S.T. Board up to one hundred fifty
($150.00) dollars.
ARTICLE 30
CIVIL COURT
30.1 Employees will be compensated in accordance with Articles 11 and 12 of this Contract for off-duty civil court
proceedings, trials, provided all of the following conditions are met:
a. Officer must be subpoenaed to appear in civil court for a trial.
b. Employer determines that the subpoena is directly related to a case in which the officer was involved.
c. All compensation received by the Employee is turned over to the Employer.
ARTICLE 31
DRUG AND/OR ALCOHOL TESTING
31.1 Purpose: The purpose of this article is to provide written guidelines in compliance with applicable Minnesota
Statutes for requesting or requiring Employees to undergo drug and/or alcohol testing. The City of Apple
Valley prohibits the possession, consumption, sale, transfer or "being under the influence" of alcohol or illegal
drugs during work hours except when approved by the Employer as a proper law enforcement activity.
31.2 Definitions: For purposes of this drug and/or alcohol testing article, the following terms shall have the
meanings ascribed to them:
a. Confirmatory Test and Confirmatory Retest: "Confirmatory test" and "confirmatory retest" mean a
drug or alcohol test that uses a method of analysis allowed under one of the programs listed in
Minnesota Statutes § 181.953. subd.1.
b. Drug: "Drug" means a controlled substance as defined in Minnesota Statutes §152.01, subd. 4.
c. Drug and Alcohol Testing: "Drug and alcohol testing" and "drug or alcohol testing" and "drug or
alcohol tests" means analysis of a body component sample according to the standards established
under one of the programs in Minnesota Statutes § 181.953, subd.1 for the purpose of measuring
the presence or absence of drugs, alcohol, or their metabolites in the sample tested.
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d. Employee: "Employee" means a member of the exclusively recognized bargaining unit.
e. Safety Sensitive Position: "Safety sensitive position" means a job in which an impairment caused
by drug or alcohol usage would threaten the health or safety of any person. All members of the
exclusively recognized bargaining unit occupy safety-sensitive positions.
f. Employer: "Employer" means the City of Apple Valley acting through the City Administrator, or
designee of the City Administrator.
g. Initial Screening Test: "Initial Screening Test" means a drug and/or alcohol test which uses a method
of analysis under one of the programs listed in Minnesota Statutes § 181.953, subd. 1.
h. Positive Test Result: "Positive Test Result" means a finding of the presence of alcohol, drugs or
their metabolites in a sample tested in levels at or above the threshold detection levels contained in
the standards of one of the programs listed in Minnesota Statutes § 181.953. subd. 1.
i. Reasonable Suspicion: "Reasonable suspicion" means a basis for forming a belief based on specific
facts and rational inferences drawn from those facts.
j. Drug Paraphernalia: "Drug paraphernalia" has the meaning set forth in Minnesota Statutes.
k. Valid Medical Reason: "Valid medical reason" means:
1. Written prescription, or an oral prescription reduced to writing, which satisfies the requisites
of Minnesota Statutes §152.11, and names the Employee as the person for whose use it is
intended; and,
2. The drug was prescribed, administered and dispensed in the course of professional practice
by or under the direction and supervision of a licensed doctor, as described in Minnesota
Statutes §152.12; and,
3. The drug was used in accordance with terms of the prescription; and,
4. Over-the-counter medication was used in accordance with terms of the product's directions.
i. Working Days: "Working days" for purposes of this article shall be defined as Monday through
Friday.
31.3 Work Rules:
a. No Employee shall be under the influence of any drug or alcohol while the Employee is working or
while the Employee is on the Employer's premises or operating the Employer's vehicles, machinery,
or equipment, except pursuant to a valid medical reason, or, when approved by the Employer as a
proper law enforcement activity.
b. No Employee shall use, possess, manufacture, distribute, dispense, sell or transfer drugs, alcohol
or drug paraphernalia while the Employee is working or while the Employee is on the Employer's
premises or operating the Employer's vehicles, machinery or equipment, except pursuant to a valid
medical reason, or, when approved by the Employer as a proper law enforcement activity.
c. No Employee, while on duty, shall engage or attempt to engage or conspire to engage in conduct
which would violate any law or ordinance concerning drugs or alcohol, regardless of whether a
criminal conviction results from the conduct.
d. An Employee shall notify the Employer in writing of any criminal drug statute conviction for a violation
occurring in the workplace no later than 5 working days after such conviction. The Employer shall
notify the appropriate federal agency of such conviction within 10 working days of receiving notice
from the Employee.
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31.4 Persons Subject To Testing: All Employees are subject to testing under applicable sections of this article.
The Employer will request or require an Employee to undergo drug or alcohol testing only under the
circumstances described in this article.
31.5 Circumstances for Drug Or Alcohol Testing:
a. Reasonable Suspicion Testing: The Employer may request or require an Employee to undergo drug
and alcohol testing if the Employer has a reasonable suspicion related to the Employee's job
performance that the Employee:
1. Is under the influence of drugs or alcohol while the Employee is working, or is on the
Employer's premises, or operating the Employer's vehicles, machinery, or equipment.
2. Has violated the Employer's Work Rules as per section 32.3 of this article regarding use,
possession, sale or transfer of drugs, alcohol or drug paraphernalia while the Employee is
working, or is on the Employer's premises, or operating the Employer's vehicles, machinery
or equipment.
3. Has discharged a firearm other than in the following instances:
i. On an established target range; or
ii. While conducting authorized ballistic tests; or
iii. While engaged in lawful recreational hunting or shooting activities; or,
iv. While shooting an injured animal as part of official duties.
4. Has been involved in a police vehicle pursuit as defined by Police Department rules and
regulations during which a disregard for work rules, personal safety, safety of others, or a
lack of appropriate judgment has been exhibited.
5. Has sustained a personal injury as defined in Minnesota Statutes §176.011, subd. 16, or
has caused another person to die or sustain a personal injury.
6. Has caused a work-related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work-related accident resulting in total property damage
exceeding $1,000 as estimated by a department supervisor at the scene of the accident or
at the time the accident is reported.
7. Has, as determined only by the Police Chief, or designee, or the City Administrator, engaged
in an act or omission related to the performance of the job, committed on duty, or off duty
involving illegal drugs that logically requires or justifies such testing, revealed as a clear and
compelling necessity by the nature of the incident
b. Treatment Program Testing: The Employer may request or require an Employee to undergo drug
and/or alcohol testing if the Employee has been referred by the Employer for chemical dependency
treatment or evaluation or is participating in a chemical dependency treatment program under an
Employee benefit plan, in which case the Employee may be requested or required to undergo drug
and/or alcohol testing without prior notice during the evaluation or treatment period and for a period
of up to two years following completion of any prescribed chemical dependency treatment program.
31.6 Refusal To Undergo Testing:
a. Employees: An Employee has the right to refuse to undergo drug and alcohol testing. If an
Employee refuses to undergo drug or alcohol testing requested or required by the Employer, no such
test shall be given.
b. Consequences of Refusal: If an Employee refuses to undergo drug or alcohol testing requested or
required by the Employer, the Employee shall be discharged from employment on grounds of
insubordination.
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c. Refusal on Religious Grounds: An Employee who refuses to undergo drug or alcohol testing of a
blood sample based on religious grounds shall not be deemed to have refused if the Employee
submits to a urine sample. However, if the Employee also refuses to undergo drug or alcohol testing
of a urine sample, the Employee shall be deemed to have refused to submit to drug or alcohol testing
and shall be subject to the provisions of 32.6(b).
31.7 Procedure For Testing:
a. Notification Form: At the time the Employer requests an Employee to undergo drug or alcohol
testing, the Employer shall provide the individual with a form on which to:
1. Acknowledge the individual has seen a copy of the Employer's drug and alcohol testing
article; and,
2. Indicate consent to undergo the drug and alcohol testing.
b. Test Sample: The test sample shall be obtained in a private setting and the procedures for taking
the sample shall ensure privacy to Employees to the extent practicable, consistent with preventing
tampering with the sample. All test samples shall be obtained by or under the direct supervision of
a health care professional at a medical facility of the Employer's selection.
c. Identification of Samples: Each blood or urine sample shall be sealed in a suitable container free of
any contamination that could affect test results, and be properly identified with the individual that
provided the sample pursuant to the identification procedures of the testing facility.
d. Chain of Custody: The testing facility shall maintain a written record of the chain of custody of the
sample and ensure proper handling as required.
e. Laboratory: All drug and alcohol testing shall use the services of a testing laboratory qualifying under
Minnesota Statute, however, no test shall be conducted by a testing laboratory owned and operated
by the City of Apple Valley.
f. Methods of Analysis: The testing laboratory shall use methods of analysis and procedures to assure
reliable drug and alcohol testing results, including standards for initial screening tests and
confirmatory tests.
g. Retention and Storage: Retention and storage procedures shall comply with the rules adopted by
the Commissioner, and all samples that produced a positive test result, except breath samples from
an initial screening test, shall be retained and properly stored by the testing facility for at least 6
months.
h. Test Result: The testing laboratory is required to prepare a written report indicating the drugs,
alcohol, or their metabolites tested for, the types of tests conducted and whether the test produced
negative or positive test results. The testing laboratory shall disclose that report to the Employer
within 3 working days after obtaining a negative result on the initial screening test or, if the initial test
was positive, within 3 working days after a confirmatory test.
i Notice of Test Results: Within 3 working days after receiving the test result from the testing
laboratory, the Employer shall inform, in writing, an Employee who has undergone drug or alcohol
testing of:
1. A negative test result on an initial screening test or of a negative or positive test result on a
confirmatory test.
2. The right to request and receive from the Employer a copy of the test result report.
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3. The right to submit information to the Employer within 5 working days after notice of a
positive test result to explain that result. The Employer may request that the Employee
indicate any over-the-counter or prescription medications that the Employee is currently
taking or has recently taken or any other information relevant to the reliability of or
explanation for a positive test result.
4. The right to submit a written notice to the Employer within 5 working days after notice of a
positive test result, that the Employee intends to obtain a confirmatory retest of the original
sample at the Employee's own expense at the original laboratory or another licensed testing
laboratory. If a confirmatory retest is conducted in accordance with Minnesota Statutes,
and the confirmatory retest does not result in a positive test result, the City shall reimburse
the Employee the actual cost of the confirmatory retest in an amount not to exceed $200.00.
There shall be no adverse employment action based on the original confirmatory test.
j. Notice to Employees Receiving Positive Test Results on a Confirmatory Test: An Employee
receiving a positive test result on a confirmatory test shall be notified by the Employer of the following
rights of the Employee. This notice shall be provided to the Employee three (3) working days after
receiving the test result.
1. First Positive Test Result:
i. The Employer may discharge an Employee for whom a positive test result on a
confirmatory test was the first such result for the Employee. However, the Employer
may not discharge the Employee from employment unless the following conditions
have occurred:
(a) The Employer has first given the Employee an opportunity to participate in,
at the Employee’s own expense or pursuant to coverage under an
Employee benefit plan, either a drug or alcohol counseling or rehabilitation
program, whichever is more appropriate, as determined by the Employer
after consultation with a certified chemical use counselor or a physician
trained in the diagnosis and treatment of chemical dependency, and
(b) If the Employee refuses to participate in the counseling or rehabilitation
program, the Employer shall suspend the Employee from employment
without pay for 5 working days to provide the Employee an opportunity to
reconsider the Employee's decision. If at the conclusion of the Employee's
suspension without pay, the Employee has not begun to participate in the
counseling or rehabilitation program, the Employee shall be discharged
from employment, or
(c) If the Employee has failed to successfully complete the counseling or
rehabilitation program, the Employee shall be discharged from
employment. Withdrawal from the program before its completion or a
positive test result on a confirmatory test after completion of the program
will be considered evidence the Employee failed to successfully complete
the program.
ii. However, the Employer may discipline but not discharge an Employee for whom a
positive test result on a confirmatory test was the first such result for the Employee,
if the Employer determines that no counseling or rehabilitation program is
appropriate.
2. Second Positive Test Result:
i. Where an Employee tests positive on a confirmatory test for the second time for
alcohol or drug abuse of a legal substance, which prevents the Employee from
performing the functions of the job or constitutes a direct threat to property or safety
of others, the Employer may discipline the Employee up to and including discharge.
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ii. Where an Employee tests positive on a confirmatory test for the second time for
drug use of a controlled substance, the Employer shall immediately discharge the
Employee from employment.
3. An Employer may temporarily suspend the tested Employee or transfer that Employee to
another position at the same rate of pay pending the outcome of the confirmatory test and
confirmatory retest, if requested, provided the Employer believes it is reasonably necessary
to protect the health or safety of the Employee, co-Employees, or the public. An Employee
who has been suspended without pay must be reinstated with back pay if the outcome of
the confirmatory test or requested confirmatory retest is negative.
4. An Employer may not discharge, discipline, discriminate against, or request or require
rehabilitation of an Employee on the basis of medical history information revealed to the
Employer pursuant to 31.7(a)(2) above unless the Employee was under an affirmative duty
to provide the information before, upon, or after hire.
5. An Employee must be given access to information in the Employee's medical personnel file
relating to positive test result reports and other information acquired in the drug and alcohol
testing process, and conclusions drawn from and actions taken based on the reports or other
acquired information.
31.8 Employer Actions:
a. The Employer will not discharge, discipline, discriminate against, or request or require rehabilitation
of an Employee solely on the basis of a positive test result from the initial screening test that has not
been verified by a confirmatory test.
b. The Employer shall observe Employee rights under applicable sections of this article.
c. Nothing in this article limits the right of the Employer to discipline or discharge an Employee on
grounds other than those set forth in Section 31.7(j).
31.9 Data Privacy:
a. All data collected, including that in the notification form and the test report, is intended for use in
determining the suitability of the Employee for employment. The Employee may refuse to supply the
requested data; however, refusal to supply the requested data may affect the person's employment
status.
b. The Employer will not disclose the test result reports and other information acquired in the drug or
alcohol testing process to another Employer or to a third party individual, governmental agency, or
private organization except in the following situations:
1. written consent for the release of data by the tested Employee;
2. pursuant to court order;
3. for use in an arbitration proceeding pursuant to a collective bargaining agreement;
4. for use in an administrative hearing pursuant to Minnesota Statutes;
5. for use in a judicial proceeding;
6. disclosure to a federal agency as required by federal law;
7. disclosure to a substance abuse facility.
c. Test results may not be used as evidence in a criminal proceeding against the Employee.
31.10 Grievances:
In the event of an alleged violation of this Article, the Employee may file a grievance in accordance with
Article 7, Employee-Rights-Grievance Procedure. This right shall be in accordance with Minnesota Statutes
§ 181.956.
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ARTICLE 32
DURATION
32.1 This agreement shall be effective as of January 1, 2020, and shall remain in full force and effect through
December 31, 2021.
ARTICLE 33
HEALTH CARE SAVINGS PLAN
33.1 Establishment: The Employer shall implement a tax-advantaged Health Care Savings Plan (HCSP),
effective January 1, 2016, administered by Minnesota State Retirement System (MSRS). The Health Care
Savings Plan is designed specifically to address future healthcare-related costs of Employees after
separation from employment. The Health Care Savings Plan shall allow Employees, as a group, through
the collective bargaining process to designate pre-tax compensation to pre-fund eligible post-employment
expenses. Contributions, interest and gains, and withdrawals from the Health Care Savings Plan shall be
tax-free to the fullest extent possible under state and federal statute.
33.2 Authorization and Administration: The Health Care Savings Plan (HCSP) is administered by Minnesota
State Retirement System (MSRS). The HCSP is an employer-sponsored program that allows employees
to invest in a tax-free medical savings account while employed by a Minnesota public employer. Minnesota
State Statute authorizes MSRS to offer this program to governmental employees in Minnesota including
city, state, county, school districts, and governmental subdivisions.
33.3 Participation: Participation in the HCSP shall be mandatory for all Employees.
33.4 Contribution Calculations: Contributions to the HCSP, based upon Employee hours, shall be calculated
using the Employee’s appropriate pay rate at the time of conversion. Contributions are mandatory.
33.5 Contribution Methodology: Funding of the HCSP shall be in accordance with established contribution
methods:
A. Compensatory Time and Annual Leave Contributions: One hundred (100) percent of
compensatory time hours over eighty (80) and one hundred (100) percent of annual leave hours
over seven hundred ninety (790) shall be deposited into the Employee’s HCSP account.
B. Salary Contributions: Employee salary contributions -- a function of years of service and
corresponding percentage -- shall be deposited into the Employee’s HCSP account.
1. Employees at step 1 (68% of Top Patrol) shall contribute one-quarter (¼) percent of the
Employee’s gross earnings per pay period.
2. Employees at step 2 (75% of Top Patrol) shall contribute one-half (½) percent of the
Employee’s gross earnings per pay period.
3. Employees at step 3 (85% of Top Patrol) shall contribute three-quarters (3/4) percent of
the Employee’s gross earnings per pay period.
4. Employees at step 4 (90% of Top Patrol) and above shall contribute one (1) percent of the
Employee’s gross earnings per pay period.
C. Account Fees: HCSP account fees are established by MSRS and shall be paid from the
Employee’s HCSP account.
33.6 Contribution Methodology Changes: The intent of the HCSP is for Employees to determ ine the
contribution methodology within reasonable parameters established by the Employer. Contribution
methodology changes shall be a cooperative effort between Employees and Employer.
The Union may request, prior to the expiration of this Agreement, modification of the contribution
methodology upon simple majority vote of the members. The Union shall notify the Employer in writing of
any proposed modifications.
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Requested modifications of the contribution methodology shall be subject to Employer and legal counsel
review prior to approval. Requested modifications of the contribution methodology shall not result in
additional re-occurring costs to the Employer and shall comply with all Employer policies in effect at the
time of the request. In addition, requested modifications of the contribution methodology shall be in
compliance with the state and federal statute for tax-advantaged medical savings accounts. Contribution
methodology changes and frequency are subject to approval by MSRS.
Requested contribution methodology changes, approved by the Employer, shall be incorporated into any
subsequent Master Labor Agreement. The newly incorporated contribution methodology shall be
implemented within thirty (30) days following ratification of said Agreement.
ARTICLE 34
POST EMPLOYMENT HEALTH REIMBURSEMENT ARRANGEMENT
34.1 Establishment: The Employer has previously implemented a tax-advantaged healthcare reimbursement
plan designed specifically to address future healthcare-related costs of Employees after separation from
employment. The Post-Employment Health Reimbursement Arrangement (PEHRA) allows Employees, as
a group, through the collective bargaining process to designate pre-tax compensation to pre-fund eligible
post-employment expenses. Contributions, interest and gains, and withdrawals from the Post-Employment
Health Reimbursement Arrangement shall be tax-free to the fullest extent possible under the Internal
Revenue Code.
34.2 Authorization and Administration: The PEHRA is a type of self-insured medical reimbursement plan
authorized under the Internal Revenue Code and shall be administered by the Employer with the
assistance of a third-party administrator of the Employer’s choosing.
34.3 Contributions: The PEHRA shall not be funded with new contributions after December 31, 2015.
34.4 Account Fees: Prior to termination of employment, fixed account fees shall be paid by the Employer.
Asset-based fees shall be paid from the Employee’s PEHRA account. Upon termination of employment,
all fees shall be paid from the Employee’s PEHRA account, except those fees that are not attributable to,
or based upon, the existence of an Employee’s account and paid by the Employer (e.g., annual trustee
fees, annual filing fees, etc.).
ARTICLE 35
RESIGNATION
35.1 An Employee, to resign in good standing, shall provide the Employer with a written notice of resignation at
least 14 calendar days in advance of the effective date of the resignation. An Employee is expected to work
their regular schedule during the notice period preceding resignation, and leave may be denied during the
notice period. An Employee shall be paid through the last day actually worked. Except where otherwise
provided by law or Employer policy, an Employee shall not be permitted to use paid leave hours or unpaid
leave to extend employment beyond the last day actually worked. The last day actually worked will be
recorded as the Employee’s date of separation from employment. These provisions may be waived at the
discretion of the City Administrator or designee. Failure to comply may be cause for denying payment of
unused annual leave and future employment with the Employer.
35.2 An Employee, who provides a minimum of six months written notice in advance of resignation from
employment in good standing, shall receive a one-time cash payment in the amount of $1,000 on the
Employee’s final pay check. An Employee, who provides a minimum of three months written notice (but
less than six months) in advance of resignation from employment in good standing, shall receive a one-
time cash payment in the amount of $500 on the Employee’s final pay check.
35.3 Good standing constitutes circumstances in which an Employee resigns with advance written notice as
described in this Article and works their regular schedule during the notice period. Discharge for cause shall
not be a separation in good standing.
2020– 2021 LELS Local No. 71 Contract 20
CITY OF APPLE VALLEY
ARTICLE 36
WELLNESS
36.1 Effective January 1, 2020, an Employee shall, by December 31 each calendar year, provide to the
Employer certification that the Employee has completed an annual preventive physical exam and
recommended preventive screenings, and an annual dental exam, within the previous 12 months. The
certification shall be signed by a qualified healthcare provider appropriate to make such certification.
36.2 An Employee who does not provide the applicable certifications by December 31 shall be notified of the
deficiency and shall be granted a grace period of 60 days in which to provide the certifications.
36.3 A newly hired or rehired Employee shall provide the applicable certifications to the Employer within 90
days after hire.
36.4 An Employee, who is unable to obtain a certification due to an approved leave of absence, shall provide
the certification to the Employer within 60 days after the Employee returns to work.
36.5 An Employee hired before January 1, 2020, may make a one-time irrevocable election to decline the
wellness requirements of this section. Such election shall be made in writing and received by the
Employer within 14 calendar days after the effective date of this agreement in order to be valid. An
employee who makes such election shall not be subject to the preceding sections of this article and shall
be paid a monthly salary as listed in Monthly Base Pay Scale II in Appendix “A” of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the twenty-sixth (26th) day of
December, 2019.
FOR LELS: FOR THE CITY OF APPLE VALLEY:
Jim Roberts, Business Agent Mary Hamann-Roland
LELS Mayor
Daniel Schyma Pamela J. Gackstetter
President, Local #71 City Clerk
M. Thomas Lawell
City Administrator
Melissa Haas
Human Resources Manager
Nicholas Francis
Captain, Police Administration
2020– 2021 LELS Local No. 71 Contract 21
CITY OF APPLE VALLEY
APPENDIX "A"
MONTHLY BASE PAY SCALE “I”
Monthly Base Pay Scale I is applicable to Employees hired before January 1, 2020 who are subject to Article 36 of
this agreement, and to all Employees hired on or after January 1, 2020.
Effective Date 12/21/19 12/19/20
Start (68% Top Patrol) $5,308 $5,467
After 12 months continuous service (75%Top Patrol) $5,853 $6,029
After 24 months continuous service (85%Top Patrol) $6,634 $6,833
After 36 months continuous service (90% Top Patrol) $7,025 $7,236
After 48 months continuous service (95% Top Patrol) $7,417 $7,640
After 60 months continuous service (Top Patrol Rate) $7,805 $8,039
MONTHLY BASE PAY SCALE “II”
Monthly Base Pay Scale II is applicable to Employees hired before January 1, 2020 who made a one-time irrevocable
election to decline wellness requirements under Article 36 of this agreement.
Effective Date 12/21/19 12/19/20
Start (68% Top Patrol) $5,175 $5,330
After 12 months continuous service (75%Top Patrol) $5,707 $5,878
After 24 months continuous service (85%Top Patrol) $6,468 $6,662
After 36 months continuous service (90% Top Patrol) $6,849 $7,055
After 48 months continuous service (95% Top Patrol) $7,232 $7,449
After 60 months continuous service (Top Patrol Rate) $7,610 $7,838
Pay steps in Monthly Base Pay Scale II shall be 97.5% of the same steps in Monthly Base Pay Scale I.
2020– 2021 LELS Local No. 71 Contract 22
CITY OF APPLE VALLEY
DETECTIVE
In addition to their base pay rate, Employees assigned by the Employer to the position of detective, as defined in
Article 3.20, will receive an additional 5% of the Employee's current hourly pay rate when assigned. These amounts
will be pro-rated for an assignment of less than a full month.
NON-ROTATING DETECTIVE POSITION: Employees assigned by the Employer to a non-rotating detective position
may be removed from the position in accordance with the provisions of Article 5, Employer Authority, or the provisions
of Article 9, Discipline.
ROTATING DETECTIVE POSITION: Employees assigned by the Employer to a rotating detective position may be
removed and/or reassigned from the detective position to patrol at the sole discretion of the Employer.
SCHOOL RESOURCE OFFICER
In addition to their base pay rate, Employees assigned by the Employer to the position of School Resource Officer,
as defined in Article 3.21, will receive an additional 5% of the Employee's current hourly pay rate when assigned.
This amount will apply during the school year for months when the Employee is working in the schools and will be
pro-rated for assignments of less than a full month.
CANINE HANDLER
Canine Handlers shall be assigned for the useful life of a service dog unless otherwise assigned by the
Employer. The useful life of a service dog shall be determined at the discretion of the Employer.
The Employer may reassign the Canine Handler, place the service dog with another Canine Handler or rem ove
the service dog from service at the sole discretion of the Employer.
A Canine Handler shall be compensated at the pay rate established for Patrol Officers as determined by the
collective bargaining agreement.
A Canine Handler shall receive thirty (30) minutes of paid time off per shift for the daily care, training and feeding
of the service dog. The paid time off shall be included as part of the Canine Handler’s regular scheduled shift
hours (e.g., a 10-hour shift would include 30 minutes of paid time off under this section, and 9.5 hours of
scheduled time.)
A Canine Handler shall receive thirty (30) minutes pay at the officer’s regular rate for each day not scheduled to
work for the care, training and feeding of the service dog. Any additional time required for the care or training of
the service dog must be approved in advance. The Canine Handler shall not receive the thirty minutes for any
days the service dog is not under the Canine Handler’s custody, care and control.
A Canine Handler shall be subject to call and overtime as designated in Article 12.
A Canine Handler call out shall not be subject to the provisions of Articles 12.2 of this agreement. The call out
procedure and use of the service dog shall be determined solely by the Employer.
I T E M: 4.U.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving Changes to Pay and Benefit Plan for 2020
S taff Contact:
Melissa Haas, Human Resources Manager
Department / Division:
Human Resources Division
AC T I O N RE Q UE S T E D:
Adopt resolution approving changes to the pay and benefit plan for 2020 and directing staff
to prepare a 2020 pay and benefit plan document incorporating the changes.
S UM M ARY:
Staff annually reviews the pay and benefit plan and recommends changes and modifications
as needed and as provided in the adopted budget. T he recommended revisions are typically
presented to you at the last council meeting in December in order to implement changes in the
new payroll year. Staff has prepared the attached resolution for your consideration. Following
is a summary of the changes recommended to the pay and benefit plan for 2020.
Wages: full-time schedule I, II, and III; regular part-time; firefighter; and casual employee pay
is adjusted by 3.0%. Retail liquor clerk pay ranges are not adjusted at this time.
Other C hanges: C ommunications Specialist is added in grade 170. C ar allowance for Public
Works Superintendent is eliminated.
B AC K G RO UND:
T he pay and benefit plan covers all non-represented regular full-time and part-time
employees, retail liquor sales clerks, casual (seasonal/temporary/variable hour) employees,
and paid-on-call firefighters.
T he pay system includes two components: annual range adjustment and individual
progression through the range. Adjustments to ranges, if applicable, are approved on an
annual basis by the C ouncil. Progression within the range is based on an individual's time in
position, performance in the position and/or other criteria and standards as established by the
City.
T he C ity’s pay and benefit plan is designed to 1) establish and maintain pay opportunities
that enable Apple Valley to attract and retain qualified, reliable, and motivated staff who are
committed to the C ity’s mission and objectives, 2) follow the principles of comparable worth
in establishing and maintaining pay relationships among positions based on knowledge and
responsibility required to do the job, 3) review and monitor the total compensation package in
relation to internal and external equity, and 4) balance compensation and benefit needs with
available resources.
B UD G E T I M PAC T:
Funds sufficient to implement all the recommended changes are included in the C ity’s
adopted 2020 budget.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION APPROVING REVISED 2020 PAY AND BENEFIT PLAN
WHEREAS, the purpose of this Resolution is to approve the 2020 pay and benefit plan for full-
time Schedule I, II, III, part-time, and casual employees; elected officials; and paid-on-call firefighters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley as
follows:
1. That, the City adjusts the pay for Schedule I, non-exempt positions and Schedules II and III, exempt
positions, by 3.0% effective December 21, 2019.
2. That, the City adjusts the pay for regular part-time, non-exempt positions by 3.0% effective
December 21, 2019.
3. That, the City adjusts the pay scale for paid-on-call volunteer firefighter by 3.0% effective January
1, 2020.
4. That, the City adjusts the monthly stipend for fire officer assignments by 3.0% effective January 1,
2020.
5. That, the pay scale for part-time retail liquor positions is not adjusted.
6. That, the City adjusts the pay scale for casual positions by 3.0% effective December 21, 2019.
7. That, for 2020, the annual uniform allowance shall be initial issue and fair wear and tear replacement
for the following positions: Fire Chief, Deputy Fire Chief, Fire Marshal, Fire Inspector, Code
Compliance Specialist, Code Compliance Inspector, Police Chief, Police Captain, Police Records
staff, and Public Works positions identified in the Public Works Department Non-Union Personnel
Uniform Policy.
8. That, for 2020, the monthly car allowance amounts for designated administrative personnel are as
follows: $385 for City Administrator; $275 for Community Development Director and IT Manager.
The Police Chief, Police Captains, Fire Chief, Deputy Fire Chief, Fire Marshal, and rotating
Assistant Fire Chiefs shall be provided with 24-hour usage of a city-owned vehicle.
9. That, the monthly snow operations stipend for designated exempt streets maintenance personnel is
an amount equal to thirteen hours paid at the employee’s hourly equivalent base pay rate for Public
Works Superintendent - Streets and Public Works Supervisor - Streets. Such stipend is payable for
the months of November, December, January, February, and March, and may be prorated in the case
of an eligible employee’s leave of absence.
10. That, the following miscellaneous change is made: Communications Specialist is added in grade
170.
11. That, the City of Apple Valley is committed to the principle of comparable worth and will continue
to monitor and maintain equitable compensation relationships. Placement of positions in grades will
be determined using the adopted job evaluation system as well as relevant market comparison data.
However, the City also recognizes that it employs public safety personnel required to perform duties
which may place them in a potentially life threatening situation and, therefore, the public safety
personnel will be recognized by the City as a unique component within the total employee work
force.
12. That, if any conflict exists between this Resolution and the approved Personnel Policies, this
Resolution shall prevail.
13. That, adoption of this resolution includes the ratification of the City Administrator’s actions in
carrying out the terms and conditions of the 2020 Pay and Benefit Plan.
14. That, following each payroll period, the Payroll Coordinator shall make a Gross Payroll Report
available to the Council.
15. That, staff is directed to prepare a 2020 Pay and Benefit Plan document incorporating the changes
approved herein.
ADOPTED this 26th day of December, 2019.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.V.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove P ersonnel Report
S taff Contact:
Melissa Haas, Human Resources Manager
Department / Division:
Human Resources Division
AC T I O N RE Q UE S T E D:
Approve the personnel report.
S UM M ARY:
T he employment actions attached to this memo are recommended for City C ouncil Approval.
B AC K G RO UND:
T he City Council's approval of the Personnel Report includes the ratification of the City
Administrator's actions in carrying out the terms and conditions of the employment of the
City personnel.
B UD G E T I M PAC T:
Budgeted positions.
AT TAC HM E NT S :
Personnel Report
PERSONNEL REPORT
December 26, 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)
Lucas Aronson Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 11.05 Hourly C‐01 12/21/2019
Maren Beach Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 11.60 Hourly C‐01 12/21/2019
Abigail Collins Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.55 Hourly C‐01 12/21/2019
Allyson Collins Rehire
Facility Attendant ‐ Ice
Guard/Concessions
Casual,
Variable Hour 5205 $ 10.55 Hourly C‐01 12/16/2019
Hunter Dunne Hire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
Lyndell Frey
Accept
Retirement Recreation Supervisor
Full‐Time,
Regular 1700 2/18/2020
Aaron Grawe Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
Erinn Habeck Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.55 Hourly C‐01 12/21/2019
Robert Hochsprung Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.55 Hourly C‐01 12/21/2019
Anthony Hockett Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.55 Hourly C‐01 12/21/2019
Noah Joseph Rehire Ice Resurfacer
Casual,
Variable Hour 5205 $ 13.75 Hourly C‐06 12/20/2019
Timothy Kapala Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.55 Hourly C‐01 12/21/2019
Brianna Kieffer Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
Catherine Kieffer Hire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
Olivia Kusch Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
Karissa Lageson Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.80 Hourly C‐01 12/21/2019
Jaycee Lentz Rehire
Facility Attendant ‐ Ice
Guard/Concessions
Casual,
Variable Hour 5205 $ 10.80 Hourly C‐01 12/20/2019
Mike McHugh
Accept
Resignation Firefighter
Paid on Call
Volunteer 1300 $ 16.50 12/3/2019
Zachary Miller Hire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
Christina Monsen Hire
Facility Attendant ‐ Ice
Guard/Concessions
Casual,
Variable Hour 5205 $ 10.30 Hourly C‐01 12/16/2019
Adam Morken Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
Kyle Nelson Hire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the
City personnel.
Page 1 of 2
PERSONNEL REPORT
December 26, 2019
City of Apple Valley
Human Resources
First
Name
Last
Name Action Position Status Dept.
Base Pay
Rate
Pay
Type
Pay
Scale
Date
(on or about)
Hunter Ramey Hire
Facility Attendant ‐
Warming House
Casual,
Seasonal 18900 $ 10.30 Hourly C‐01 12/21/2019
Madison Saam Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.55 Hourly C‐01 12/21/2019
Abbie Tholkes Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
Adolf Twaha Hire
Facility Attendant ‐ Ice
Guard/Concessions
Casual,
Variable Hour 5205 $ 10.30 Hourly C‐01 12/20/2019
Annika Veum Hire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.30 Hourly C‐01 12/21/2019
Breanna Vincent Hire Receptionist
Full‐Time,
Regular 1025 $ 23.00 Hourly 120 1/2/2020
Zachary Wright Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.80 Hourly C‐01 12/21/2019
Kent Zimmerman
Acting
Assignment
Public Works
Superintendent ‐ Utilities
Full‐Time,
Regular 5305 $ 94,500.00 Annual 210E 1/4/2020
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the
City personnel.
Page 2 of 2
I T E M: 4.W.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Consent A genda
Description:
A pprove Claims and B ills
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Approve claims and bills.
S UM M ARY:
Attached for C ity C ouncil review and approval are check registers for recent claims and
bills.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
Check registers dated December 4, 2019, and December 12, 2019, in the amounts of
$154,841.50 and $2,990,816.95, respectively.
AT TAC HM E NT S :
Claims and Bills
Claims and Bills
I T E M: 5.A.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Regular A genda
Description:
P ass Ordinance Amending Chapter 95 of the City Code, Regulating Alcohol at Valleywood Golf
Course (Recommend waiving second reading)
S taff Contact:
B arry B ernstein, Parks and Recreation Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Pass Ordinance Amending C hapter 95 of the C ity Code, Regulating Alcohol at Valleywood
Golf C ourse. (Recommend waiving second reading.)
S UM M ARY:
For your consideration is an amendment to C hapter 95 of the C ity C ode, Section 95.03,
regulating alcohol at Valleywood Golf Course. Staff worked with the C ity Attorney's office
to remove ambiguity and more clearly define the parameters of liquor purchases, possession,
and consumption at the golf course.
B AC K G RO UND:
T his is a housecleaning item of the current ordinance as it pertains to alcohol possession and
consumption at Valleywood Golf C ourse. T he proposed amendment requires any alcoholic
beverages possessed and/or consumed within Valleywood Golf C ourse be purchased through
its licensed liquor establishment, excluding the C ity's liquor store sponsored tasting events.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Ordinance
Ordinance
Presentation
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE IX OF THE CITY CODE ENTITLED, "PARKS AND
RECREATION” BY AMENDING SECTION 95.03 REGARDING ALCOHOL AT
VALLEYWOOD GOLF COURSE
The City Council of Apple Valley ordains:
Section 1. Title IX of the Apple Valley City Code is amended by revising Section
95.03(G) to read as follows:
(G) Alcoholic beverages. Persons 21 years of age or older are allowed to possess,
consume or display alcoholic beverages in any park, except that no distilled spirits shall be
allowed in any park, excluding except at Valleywood Golf Course. Distilled spirits may be
purchased from, consumed, possessed or displayed within Valleywood Golf Course in
accordance with its liquor license under this code and state law. Distilled spirits are distilled
beverages containing ethyl alcohol or hydrated oxide of ethyl, including, but not limited to:
whiskey, rum, brandy, gin, tequila, vodka, schnapps, and liqueur including all dilutions and
mixtures thereof.
Notwithstanding the foregoing, no person shall possess or consume an alcoholic beverage within
Valleywood Golf Course property that was not purchased at Valleywood Golf Course and
provided through its licensed on-sale alcohol vendor, excluding any alcoholic beverages
possessed or consumed in conjunction with an alcoholic beverage tasting sponsored by the City’s
liquor store.
Section 2. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this 26th day of December, 2019.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE IX OF THE CITY CODE ENTITLED, "PARKS AND
RECREATION” BY AMENDING SECTION 95.03 REGARDING ALCOHOL AT
VALLEYWOOD GOLF COURSE
The City Council of Apple Valley ordains:
Section 1. Title IX of the Apple Valley City Code is amended by revising Section
95.03(G) to read as follows:
(G) Alcoholic beverages. Persons 21 years of age or older are allowed to possess,
consume or display alcoholic beverages in any park, except that no distilled spirits shall be
allowed in any park, except at Valleywood Golf Course. Distilled spirits may be purchased
from, consumed, possessed or displayed within Valleywood Golf Course in accordance with its
liquor license under this code and state law. Distilled spirits are distilled beverages containing
ethyl alcohol or hydrated oxide of ethyl, including, but not limited to: whiskey, rum, brandy, gin,
tequila, vodka, schnapps, and liqueur including all dilutions and mixtures thereof.
Notwithstanding the foregoing, no person shall possess or consume an alcoholic beverage within
Valleywood Golf Course property that was not purchased at Valleywood Golf Course and
provided through its licensed on-sale alcohol vendor, excluding any alcoholic beverages
possessed or consumed in conjunction with an alcoholic beverage tasting sponsored by the City’s
liquor store.
Section 2. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this 26th day of December, 2019.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
12/26/2019
1
City Ordinance
Amendment
95.03 GENERAL REGULATIONS
Current City Code
Chapter 95: Parks and Recreation Code i95.03(G) currently reads
as follows:
(G) Alcoholic Beverages. Persons 21 years of age or older are
allowed to possess, consume or display alcoholic beverages in any
park, except that, no distilled spirits shall be allowed in any park,
excluding Valleywood Golf Course in accordance with its liquor
license under this code and State law. Distilled spirits are distilled
beverages containing ethyl alcohol or hydrated oxide of ethyl,
including, but not limited to : whisky, rum, brandy, gin, tequila, vodka,
schnapps, and liqueur including all dilutions and mixtures thereof.
12/26/2019
2
Modified to read
(G)Alcoholic beverages.Persons 21 years of age or older are
allowed to possess, consume or display alcoholic beverages in any
park, except that no distilled spirits shall be allowed in any park,
excluding except at Valleywood Golf Course. Distilled spirits may
be purchased from, consumed, possessed or displayed within
Valleywood Golf Course in accordance with its liquor license under
this code and state law. Distilled spirits are distilled beverages
containing ethyl alcohol or hydrated oxide of ethyl, including, but
not limited to: whiskey, rum, brandy, gin, tequila, vodka, schnapps,
and liqueur including all dilutions and mixtures thereof.
Additional Language
Notwithstanding the foregoing, no person shall
possess or consume an alcoholic beverage within
Valleywood Golf Course property that was not
purchased at Valleywood Golf Course and
provided through its licensed on-sale alcohol
vendor, excluding any alcoholic beverages
possessed or consumed in conjunction with an
alcoholic beverage tasting sponsored by the City’s
liquor store.
12/26/2019
3
Action Requested
City Council is being asked to consider
and approve the revised ordinance
language.
I T E M: 7.
C O UNC I L ME E T I NG D AT E:December 26, 2019
S E C T I O N:Calendar of Upcoming Events
Description:
A pprove Calendar of Upcoming E vents
S taff Contact:
S tephanie Marschall, Deputy City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the calendar of upcoming events as listed in the summary below, and noting each
event listed is hereby deemed a Special Meeting of the C ity Council.
S UM M ARY:
Day/Date Time Location E v ent
Tue./Dec. 24 City Offices C losed C hristmas Holiday Floater
Wed./Dec. 25 City Offices C losed C hristmas Holiday
T hur./Dec. 26 6:00 p.m.Municipal Center ED A Meeting
T hur./Dec. 26 7:00 p.m.Municipal Center Regular City C ouncil Meeting
Wed./J an. 1 City Offices C losed New Year’s Day
T hur./J an. 2 6:00 p.m.Municipal Center Informal Parks & Recreation
Advisory Committee Meeting
T hur./J an. 2 7:00 p.m.Municipal Center Regular Parks & Recreation
Advisory Committee Meeting
Mon./J an. 6 1:30-3:00 p.m.Municipal Center C arol Blommel J ohnson
Retirement C elebration
Wed./J an. 8 7:00 p.m.Municipal Center Traffic Safety Advisory
C ommittee Meeting
T hur./J an. 9 5:30 p.m.Municipal Center Informal C ity Council Meeting
T hur./J an. 9 7:00 p.m.Municipal Center Regular City C ouncil Meeting
Wed./J an. 15 7:00 p.m.Municipal Center Planning Commission Meeting
Mon./J an. 20 City Offices C losed Martin Luther King J r. Day
Tue./J an. 21 2:00 p.m.Municipal Center C emetery Advisory C ommittee
Meeting
Wed./J an. 22 9:00 a.m.Municipal Center Firefighters Relief Association
Meeting
T hur./J an. 23 6:00 p.m.Municipal Center ED A Meeting
T hur./J an. 23 7:00 p.m.Municipal Center Regular City C ouncil Meeting
Fri./J an. 24 6:00-10:00 p.m.Apple Valley Senior
Center
C ity of Apple Valley
Employee Recognition Event
T hur./J an. 30 4:30-6:30 p.m.Augustana Care C hamber Business After Hours
B AC K G RO UND:
Each event is hereby deemed a Special Meeting of the C ity Council, the purpose being
informational or social gathering. Only events marked with an asterisk (*) will any action of
the Council take place.
B UD G E T I M PAC T:
N/A