HomeMy WebLinkAbout01/23/2020 Meeting
M eeting L ocation: M unicipal C enter
7100 147th S treet West
Apple Valley, M innesota 55124
January 23, 2020
C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A
7:00 P M
1.C all to Order and Pledge
2.Approve Agenda
3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.A pprove Minutes of J anuary 9, 2020, Regular Meeting
B.A dopt Resolution Accepting Donation from Meredith and J ohn
Kuharenko for Use by Fire Department
C .A pprove State Gambling Exempt Permit for Dakota C ounty Voiture
1457, at American Legion, Post 1776, 14521 Granada Drive, on March
17, 2020
D.Receive Traffic Safety A dvisory C ommittee 2019 A nnual Report
E.A ppoint Primary and Alternate Members to Dakota Broadband Board
(D BB) Board of Directors and Executive Committee for 2020
F.A dopt Resolution Appointing J udges for March 3, 2020, Presidential
N omination Primary
G.A dopt Resolution Approving Application for Fiscal Year 2020
C ommunity Development Block Grant (C D BG) Funding
H.A dopt Resolution Declaring Apple Valley Community Festivals for
2020
I.A dopt Resolution Directing Preparation of Plans and Specifications and
A ccepting Corridor Study for Project 2021-104, Greenleaf Elementary
G alaxie Pedestrian C rossing
J .A pprove Renewal Agreement with C artegraph Systems, LLC, for Asset
Management Software Hosting and Support Services
K.A pprove J oint Powers A greement with Dakota C ounty for 2020
Sentence to Service (ST S) Program Work C rews
L.A pprove Agreement with Frontier Ag & Turf for Project 2020-115,
Supply 72" Mowers for Lease
M.A pprove Change Orders N o. 1, 3, and 4 to Agreement with Fendler
Patterson Construction, Inc., for C ity Hall - Lower Level Buildout
N.A pprove Acceptance and Final Payment on Agreement with Midwest
Fence & Mfg. C o. for Project 2019-156, Quarry Point Park Field #4
Backstop and Fencing
O.A pprove 2020-2021 Labor Agreement with A FSC ME Local No. 479
P.A pprove 2020-2021 Labor Agreement with LELS Local No. 243
Q.A pprove Pay Equity Report
R.A pprove Personnel Report
S.A pprove Claims and Bills
5.Regular Agenda Items
A.Introduction and Oath of Office of Police Officer A lex Witkowski
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and
on the C ity's website at www.cityof applevalley.org
I T E M: 4.A .
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove Minutes of J anuary 9, 2020, R egular Meeting
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve the minutes of the regular meeting of J anuary 9, 2020.
S UM M ARY:
T he minutes from the last regular C ity Council meeting are attached for your review and
approval.
B AC K G RO UND :
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Minutes
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 9, 2020
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held January 9, 2020, at 7:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and
Hooppaw.
ABSENT: None.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Police
Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Human
Resources Manager Haas, Finance Director Hedberg, Community Development Director
Nordquist, Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge
of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Bergman, seconded by Goodwin, approving the agenda for tonight’s meeting, as
presented. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda.
Ms. Karen Kirkman and Tasha Wells, from the Apple Valley Rotary Club, invited everyone to an
End Polio Now spaghetti dinner and silent auction on January 26, 2020, from 1:00 p.m. to 4:00
p.m., at the Apple Valley American Legion, Post 1776.
Ms. Kirkman also invited everyone to the Apple Valley Arts Foundation 2020 Frozen Apple
concert at Bogart’s Entertainment Center on January 18, 2020, from 6:00 p.m. to 9:00 p.m.
Ms. Monica Jonbert (Ms. Dakota County International), Ms. Tara Nelson, and Ms. Kelly Kausel,
co-founders of the South of the River Inclusive Playground Coalition, commented on the need for
an inclusive playground in Apple Valley.
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.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 9, 2020
Page 2
MOTION: of Hooppaw, seconded by Bergman, approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Hooppaw, seconded by Bergman, approving the minutes of the regular meeting
of December 26, 2019, as written. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving a change in officer and manager for
Blazin Wings, Inc., d/b/a Buffalo Wild Wings in connection with the On-Sale
Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14658
Cedar Avenue, naming Lyle David Tick as President and Scott Min-Ho Morken as
General Manager, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2020-1 designating
Dakota County Tribune as the official newspaper of the City of Apple Valley for
the year 2020. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2020-2 designating
the City’s website as the official website for dissemination of solicitations of
transportation project bids in 2020. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2020-3 designating
U.S. Bank, NA as the official depository for City funds for the year 2020. Ayes - 5
- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2020-4 designating
additional depositories and financial security dealers for City funds for the year
2020: Wells Fargo Securities, LLC; Wells Fargo Bank, NA; 4 M Fund; Northland
Securities, Inc.; RBC Capital Markets Corporation; Robert W. Baird & Co., Inc.;
Moreton Capital Markets, LLC; U.S. Bancorp Investments, Inc.; First Resource
Bank, NA; Old National Bank; Merchants Bank, NA; and MidCountry Bank. Ayes
- 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2020-5 designating
U.S. Bank Institutional Trust as Safekeeping Custodian. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2020-6 authorizing
the City Clerk to appoint Deputy City Clerk’s for 2020 election administration.
Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, appointing Mary Hamann-Roland and Pamela
Gackstetter as statutory members to the Apple Valley Firefighters Relief
Association (AVFRA) Board of Trustees for the year 2020, as described in the City
Clerk’s memo. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 9, 2020
Page 3
MOTION: of Hooppaw, seconded by Bergman, approving the 2020 fees for Valleywood Golf
Course, and granting Parks and Recreation Director or designee the latitude to
adjust golf course fees for promotions, as described in the Parks and Recreation
Director’s memo. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving an extension of the agreement with
the Apple Valley Chamber of Commerce, for provision of Convention and Visitors
Bureau (CVB) services, through December 31, 2020, as attached to the Assistant
City Administrator’s memo, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the Apple Valley Convention and
Visitors Bureau (CVB) 2020 budget and marketing plan as attached to the Assistant
City Administrator’s memo. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2020-7 directing the
preparation of plans and specifications for Project 2020-117, Lebanon Cemetery
Covered Ceremony Shelter. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the Encroachment Agreement for
Project 2019-107, Menards Street and Utility Improvements, with Magellan
Pipeline Company, L.P., and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the Agreement for Project 2020-
109, Right-of-Way Tree Pruning, with SavATree, LLC, in the amount of
$41,650.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the personnel actions as listed in
the Personnel Report dated January 9, 2020. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, to pay the claims and bills, check registers
dated December 18, 2019, in the amount of $2,475,776.30, and December 27,
2019, in the amount of $1,035,870.49. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
MID-WINTER FEST 2020
Mr. Bernstein, with Klondike present, reviewed activities planned for this year’s Mid-Winter Fest
celebration and invited everyone to participate in the activities. He also thanked the members of
the business community who support this event. Mr. Bernstein then read the proclamation.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 9, 2020
Page 4
MOTION: of Grendahl, seconded by Hooppaw, proclaiming February 1, 2020, as “Apple
Valley Mid-Winter Fest 2020” and encouraging citizens to support and participate
in the celebration. Ayes - 5 - Nays - 0.
2020 ACTING MAYOR
MOTION: of Hamann-Roland, seconded by Grendahl, adopting Resolution No. 2020-8
appointing Councilmember Goodwin to serve as Acting Mayor, in the absence of
the Mayor, for the year 2020. Ayes - 5 - Nays - 0.
COMMUNICATIONS
Mr. Lawell said there will be three elections in 2020 and residents interested in serving as an
election judge should apply. He then provided information on the March 3, 2020, Presidential
Nomination Primary and the legal requirement for voters to declare their political party preference
in order to receive a ballot and vote.
Councilmember Goodwin commented on his dissatisfaction with the law that requires voters to
declare a political party in order to vote at the Presidential Nomination Primary.
CALENDAR OF UPCOMING EVENTS
MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events as
included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5- Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:25 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 :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Accepting Donation f rom Meredith and J ohn K uharenko for Use by Fire
Department
S taff Contact:
Chuck Russell, F ire C hief
D epartment / D ivision:
F ire Department
AC T I O N RE Q UE S T E D:
Adopt resolution accepting donation of $50.00 from Meredith and J ohn Kuharenko for use
by Fire Department.
S UM M ARY:
Meredith and J ohn Kuharenko offered to donate $50.00 to the Apple Valley Fire
Department. Adopting the resolution allows us to accept the donation and use the funds to
purchase fire prevention supplies.
B AC K G RO UND :
T he Apple Valley Fire Department recently received a donation of $50.00 from Meredith
and J ohn Kuharenko. T hey offered the donation out of gratitude after we carefully removed
their black lab, Duke, from an egress window well. Two Firefighters were able to lift D uke
to safety. T he Fire Department would like to place the donation in the fire prevention
budget.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Agreement
CITY OF APPLE VALLEY
RESOLUTION 2020-
A RESOLUTION ACCEPTING DONATION TO FIRE DEPARTMENT
WHEREAS, the City Council of Apple Valley encourages public donations to
help defray the costs to the general public of providing services in Apple Valley; and
WHEREAS, Meredith and John Kuharenko have offered to donate $50.00 for use
by the Apple Valley Fire Department; and
WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of
real or personal property be accepted only with the adoption of a resolution approved by
two-thirds of the members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Apple Valley, Dakota County, Minnesota, that the donation is hereby accepted for use by
the City.
BE IT FURTHER RESOLVED that the City sincerely thanks Meredith and John
Kuharenko for the gracious and generous donation.
ADOPTED this 23rd day of January, 2020.
______________________________
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 :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove S tate Gambling E xempt Permit for D akota County Voiture 1457, at A merican L egion,
P ost 1776, 14521 G ranada Drive, on March 17, 2020
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve issuance of a lawful gambling exempt permit, by the State Gambling C ontrol
Board, to Dakota C ounty Voiture 1457, for use on March 17, 2020, at A merican Legion,
Post 1776, 14521 Granada Drive, and waiving any waiting period for State approval.
S UM M ARY:
Dakota C ounty Voiture 1457, submitted an application for a gambling event to be held at
American Legion, Post 1776, 14521 Granada Drive, on March 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 G ambling C ontrol
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
B UD G E T I M PAC T:
N/A
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
Receive Traffic S af ety Advisory Committee 2019 A nnual R eport
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Receive Traffic Safety Advisory C ommittee 2019 Annual Report.
S UM M ARY:
Attached for your receipt is a copy of the 2019 Annual Traffic Safety Advisory C ommittee
Report for the C ity of Apple Valley.
B AC K G RO UND :
T he report was approved by the Traffic Safety Advisory C ommittee on J anuary 8, 2020.
T he report outlines activities and accomplishments of the C ommittee for the previous year.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R eport
City of
MEMO
Administration
TO: Mayor, City Council, and City Administrator
FROM: Traffic Safety Advisory Committee
DATE: January 8, 2020
SUBJECT: 2019 ACCOMPLISHMENTS
The Traffic Safety Advisory Committee (TSAC) held six meetings in 2019. The members of the
Committee in 2019 included: Greg Dahlstrom, Linda Dolan, Charles Grawe, Fred Puente, Matt
Saam, Joe Shaw, and Arthur Zimmerman. Arthur Zimmerman served as Chair and Joe Shaw served
as Secretary.
Major accomplishments and/or undertakings by TSAC during its nineteenth year include:
• Request for Crosswalk North of AVHS at 140th and 137th Streets: The City received a
request for a mid-block crossing by the ballfields on the north side of the Apple Valley High
School campus. Due to high traffic volumes on 140th Street, the Minnesota Manual on
Uniform Traffic Control Devices (MUTCD) and the City’s policy do not recommend a mid-
block crossing. The Committee did not believe this was an appropriate location for a
crosswalk and noted a safer crossing at the signalized intersection of Hayes Road and 140th
Street.
• Request for Stop Sign and Pedestrian Signage at Everest Ave and 148th Street: The City
received a request for a three-way stop at a T-intersection of public streets surrounded by the
Uponor business campus. The intersection had no signage at the time of the request. The
City studied the intersection and found that it met the standards for a stop sign on eastbound
148th Street. The Committee recommended installation of the signage.
• Concerns Over Signals Delaying East-West Travel Across the City: The City received a
concern over the delays in east-west travel caused by the number of signals within the City.
The vast majority of the signals are either controlled by or coordinated with Dakota County
in a strategy based around the Cedar Avenue and County Road 42 intersection. The City is
converting its signals to flashing yellow arrows as budgets allow.
• Request for Additional Crosswalks on 142nd Street near Scott Highlands Middle School:
The City received a request for mid-block crosswalks near the school. Sidewalks are
provided along 142nd Street, but not in the neighborhoods to the south. No action was
recommended at this time, as the City’s policy does not support mid-block crossings.
• Request for Parking Modifications along 142nd Street at Scott Highlands Middle
School: The City received a request to eliminate parking on a stretch of 142nd Street to allow
right-turn vehicle stacking for the Middle School. The Committee learned an underlying
condition was an MVTA bus stop near the driveway. The bus stops during school let-out
times and shields the view of the turning vehicles from vehicles approaching from the east.
The Committee asked staff to communicate the issue to the MVTA and seek a change in the
bus stop location or bus schedule.
• Request for Parking Modifications along Whitney Drive and Southview Elementary
School: The City received a request to eliminate parking on a stretch of Whitney Drive to
allow right-turn vehicle stacking for the Elementary School. The Committee learned that the
School parking lot has adequate parking within its lot, but parents are choosing to wait in a
drive que, rather than using the parking lot. The Committee recommended the School work
with parents to encourage appropriate use of the parking lot, rather than creating a stacking
lane on the street.
• Request for Stop Sign at Echo Way and 149th Street: The City received a request for a
stop sign at an uncontrolled T-intersection. The surrounding neighborhood has similar T-
intersections without signage. The Committee recommended the installation of yield signs at
this intersection and at eight other similar intersections in the neighborhood for consistency.
• Concerns Over Vehicle Speeds on 155th Street at Embry Way: The City received a
concern over vehicle speeds on 155th Street. The City conducted a speed study and found the
85th percentile speed is under the posted 45 miles per hour. Crash data did not support
warrants for a traffic control. The City continues to monitor the roadway.
• Request for Four-Way Stop at Foliage Avenue at 157th Street: The City received a
concern over vehicle speeds on Foliage Avenue and a request for a four-way stop at the
intersection. The intersection does not meet warrants for a four-way stop. A traffic study
showed the 85th percentile vehicle speed on Foliage is under 40 miles per hour, even though
the roadway is posted 45 miles per hour. A review of the accident data showed the majority
of the accident causes related to failure to yield the right-of-way. The Committee
recommended installation of additional signage to draw drivers’ attention to the existing stop
signs.
• Concerns Over Vehicle Speeds and Accidents on Galaxie Avenue and 157th Street: The
City received concerns over speeds and the number of accidents at the intersection.
Preliminary studies showed vehicle speeds very close to the posted limit. There were 17
vehicles crashes in a three-year period, with 12 of those involving failure to yield the right-
of-way. Staff continued to conduct study and analysis of the intersection through the end of
the year.
• Request for Stop Sign at Footbridge Way and Flagstone Trail: The City received a
request for a stop sign at an uncontrolled T-intersection. The surrounding neighborhood has
similar T-intersections with such signage. The Committee recommended installing the
signage to provide consistency within the neighborhood.
• Concerns Over Vehicle Speeds on Diamond Path between McAndrews Road and Pilot
Knob Road: The City received a concern over vehicle speeds on Diamond Path. The City
deployed driver feedback signs to monitor and track actual speeds.
• Request for Speed Limit Sign on Gantry Lane: The City received a request for a speed
limit sign on a short street segment. The Committee found no evidence of cut-through traffic
or other significant traffic not from within the neighborhood.
• Concerns Over Vehicle Speeds on Diamond Path between 140th Street and Pilot Knob
Road: The City received a concern over vehicle speeds on Diamond Path. The roadway
section in question is under the jurisdiction of Dakota County. The Committee noted that the
County is planning a corridor study of this area in the near future.
• Request for Directional Signage on 153rd Street and Founders Way: The City staff was
concerned about wrong-way traffic exiting a newly developed parcel abutting one-way
streets. The Committee recommended installation of additional directional signage for traffic
exiting the parcel onto the one-way streets.
• Request for Speed Limit Sign on Everest Avenue: The City received a request for a speed
limit sign on a street segment between Ellice Trail and 128th Street. The Committee
recommended the use of the portable driver feedback signs for the roadway.
• Driver Feedback Sign Review: The Committee continued to receive many requests for the
rotational driver feedback signs.
• Reviewed Traffic Concerns Communicated to City: At each meeting, TSAC reviewed
traffic concerns/issues brought to the Police and Public Works Departments during the
month.
• The City continues to receive requests for the addition of flashing yellow arrows at
additional signal locations. There is a significant capital expense required to upgrade
the controllers for the signals. Public Works is planning for future signal upgrades in
the Capital Improvements Program.
• The City received a request for a speed limit sign in a cul-de-sac where a resident
believed a garbage truck was speeding.
• The City received a request for a signal at Pilot Knob Road and Upper 147th Street.
This intersection is under Dakota County jurisdiction and the County has started an
intersection study.
• The City received a request for parking restrictions along Hunters Way. There was
no additional information provided about the specific nature of the problem and no
action was taken.
• The City received a request for pedestrian crossing enhancements at Baldwin Drive
and Garden View Drive. Crossing improvements are part of the 2020 Garden View
Reconstruction Project.
• The City received a request for a painted crosswalk at Whitney Drive and Hyacinth
Path. Crossing improvements are part of the 2020 overlay project.
• The City received a request for additional lighting along 140th Street between Hayes
Road and Garden View Drive. The City’s Public Works Department is evaluating the
request.
• The City received a concern about speeding on 157th Street in the area of Johnny
Cake Ridge Road.
• The City completed all traffic counts on streets that are part of the Municipal State
Aid funding process.
• The City received a federal grant for nearly $200,000 for a HAWK pedestrian
crossing system to be installed across Galaxie Avenue near Greenleaf Elementary
School.
• The Police Department conducted enforcement focused on distracted drivers and
DWI violations.
• Educational Outreach Efforts: In its nineteenth year, TSAC continued to focus on its
educational outreach efforts. Some educational outreach efforts included the following:
• The Committee received a $400 grant from AAA to purchase reflective lights for
elementary school children to attach to backpacks when walking to school.
• The Committee requested staff create a database of previous issues addressed by the
Committee to help improve issue analysis.
• The Police Department’s Commercial Vehicle Inspector participated in numerous
individual vehicle inspections as well as several saturation events help in Apple
Valley.
• A member attended the Toward Zero Death’s Conference to learn about new and
emerging strategies to increase traffic safety and shared the conference information
with the rest of the Committee.
The Traffic Safety Advisory Committee welcomes direction from the City Council as well as any
recommendations, questions, or concerns.
I T E M: 4.E .
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A ppoint Primary and Alternate Members to Dakota Broadband B oard (D B B) B oard of D irectors
and E xecutive C ommittee f or 2020
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Appoint primary and alternate members to Dakota Broadband Board (D BB) Board of
Directors and Executive C ommittee for 2020.
S UM M ARY:
Dakota C ounty and the cities within Dakota C ounty have been working to aggregate our
fiber network resources to offer improved institutional network services and to have the
capacity to provide services to commercial parcels that may not be able to get desired data
capacity from existing service providers. T his work is done through a J oint Powers
Agreement (J PA) forming the Dakota Broadband Board (D BB). T he D BB also has in place
an Executive C ommittee comprised of senior administrative staff to help advise the Board of
Directors.
It is recommended that the current slate of elected officials continue in their roles on the
Board for 2020-2021. It is also recommend the current slate of appointed officials switch
positions as primary and alternate on the D BB Executive Committee for 2020.
B AC K G RO UND :
Currently, the C ity is represented on the Board of Directors by Mary Hamann-Roland as
the Primary Director and Ruth Grendahl as the Alternate Director. Staff recommends that
the Council appoint both members to continue in their roles for 2020-2021.
Currently, the City is represented on the Executive C ommittee by Tom Lawell as the
Primary Representative and C harles Grawe as the Alternate Representative. Both are
willing to continue, but staff recommends that C harles Grawe assume the role as the Primary
Representative and Tom Lawell assumes the role as the Alternate Representative
commencing J anuary 2020.
Staff recommends the City C ouncil appoint Mary Hamann-Roland as Primary Director and
Ruth Grendahl as Alternate Director.
Staff also recommends the City C ouncil appoint Assistant C ity Administrator Charles
Grawe as the Primary and C ity Administrator Tom Lawell as the Alternate members to
the Dakota Broadband Board (D BB) Executive Committee for 2020.
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 :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Appointing J udges for March 3, 2020, Presidential Nomination Primary
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Adopt the resolution appointing individuals listed in the resolution to serve as judges,
election officials, and/or absentee ballot board members for the Presidential Nomination
Primary to be held on March 3, 2020.
S UM M ARY:
Attached for your consideration is a resolution appointing judges, election officials, and/or
absentee ballot board members for the Presidential Nomination Primary to be held on March
3, 2020. T he individuals listed in the resolution have indicated their willingness to serve at
the upcoming election.
B AC K G RO UND :
In order to serve as a judge, the law requires regular judges to complete a minimum of two
hours of training and head election judges to complete a minimum of three hours training. In
addition, all election judges working the election in March are required to complete one
additional hour of training within 60 days of the Presidential N omination Primary that
focuses upon processes and procedures that are unique to its administration. Training for the
appointed judges will be completed in February.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2020-
CITY OF APPLE VALLEY
JUDGES & OFFICIALS APPOINTED FOR THE 2020 PRESIDENTIAL NOMINATION PRIMARY
PRECINCT 1
Apple Valley Baptist Church - 964 Garden View Drive
Rae Konkol * Gregory Hall
Kristen Moyer
* Anthony Nelson Deborah Davis PM
Victoria Swanson Judy Jackson
Jenna Leech AM
Robert Randall
PRECINCT 2
Apple Valley Senior Center - 14601 Hayes Road
Diedre Jones Allison Burke
Martha Hiltner * Lori Gluck
Michael Moore Linda Tetzlaff
Sahadat Chaudhury
* Shannan Menya
Shalom Sabah AM
PRECINCT 3
Redwood Community Center - 311 County Road 42
* Matthew Bellin * Mark Determan
Adam Johnson PM Darlene McKinley PM
David Johnson AM * Deborah Wessman
Cathy Reichert
Ron Stack Debra Belbeck AM
Jamie Krumrich
PRECINCT 4
Apple Valley Community Center - 14603 Hayes Road
Valerie Black * Anita Burke
Barbara Johnson AM Rebecca Fry
Sandra Nelson AM * Monica Nolte-Reed
Linda Senechal PM Rosanne Uschold
Pam Subject
Patricia Gerrits PM
PRECINCT 5A
Hope Church - 7477 145th Street W.
Milca Dominguez de Corral PM Dannette Richards
Sally Hokkanen PM Michael Rose
Patricia Koors AM Dianne Zak
* Spencer Reppe
* Phyllis Rowley Thomas Hope
Cassandra Slinger AM
PRECINCT 5B
Mount Olivet Assembly of God Church - 14201 Cedar Avenue
* Karen Brean Jerry Ewing
* Kaare Festvog Gregory Schwartz
Katherine Heald AM
Bonnie McLellan PM * Jesse Estum AM
Jan Kukowski
Michael Owen
William Spychalla
PRECINCT 6
Augustana Care Health and Rehabilitation of Apple Valley - 14650 Garrett Avenue
Sharon Bassett PM Susan Anderson
* Susan Hall * Linda Blake
Naomi Owen Mary Ocel
Sheila Schuman * Linda Paseka
Sieglinde Gassman AM
Sue Ellen Olson AM
PRECINCT 7
Majel Fletty PM Ronald Caucutt
Clifford Habeck PM Charles Funderburk
Sharon Hanson AM * Brian Mahon
Gail Sater AM James Minard
Chuck Tindell PM Bryan Peffer AM
* Gwen Torgerson
* Steven Wilson
PRECINCT 8
Greenleaf Elementary School - 13333 Galaxie Avenue
Tim Burke * Ian McGregor
Cisa Keller PM * Steve Raines
* Cynthia McDonald
Marla Rotman Deborah Gonzalez
Cedric Waterman AM Benjamin Lemery PM
David McKenzie AM
Judy Storlie
PRECINCT 9
Community of Christ Church - 5990 - 134th Street Court
Janette Brost AM * Ronald Burke
Robin Gernandt Frank Elvin
Mark Goldberg Dale Kariya
* Brian Buechele
Thor Reimann AM
Karen Seglem PM
Michael Spear
PRECINCT 10
South Suburban Evangelical Free Church - 12600 Johnny Cake Ridge Road
* Kelly Kausel Tera Garcia PM
Mary Markes AM * Mary Anne Lantz
Stephanie Smith Nancy Mueller
Tricia Warns * Marilyn Schwartz
Dianne Jandt
Shepherd of the Valley Lutheran Church - 12650 Johnny Cake Ridge Road
PRECINCT 11
ISD 196 District Service Center - 14301 Diamond Path
Lynn Filipas Larry Debelak AM
* Craig Huber JoAnn George PM
David Polansky Michelle Hanson PM
Desi Wren Susan Mitlyng
Linda Sweitzer AM
* Rae Lynn Zuehlke
PRECINCT 12
Paula Finkelstein AM Pauline Dark
* Monica Long Patricia Gramentz
* Marcia Nelson Darlene Kidwell
* Charles Quinn
Carole Smith PM Adam Hoffman
Stephanie Roser AM
PRECINCT 13
Kathy Boyer PM David Gugino
Cathy Bullard Robert Kokos
Keith Endreson AM * Rhonda Tufte
* Marie Sullivan Tamera Urberg
Selena Cervantes AM
Dennis Hoehne
PRECINCT 14
Apple Valley Municipal Center - 7100 147th Street W.
Marybeth Brady Jackson PM * Donald Hansen
Lawrence Czarnecki PM Francis Kremer
Cami Dirnberger AM Sharon Nygaard
* Michael Leick
* Michele Mueller Cristina Sirbu AM
Shelley O'Neill AM Peter Vogel
Johnny Cake Activity Center - 14255 Johnny Cake Ridge Road
Spirit of Life Presbyterian Church - 14401 Pilot Knob Road
PRECINCT 15
River Valley Church - 14898 Energy Way
Shelley Beaumont Pam Hopf
Deborah Legvold PM Mary Jamison AM
John Roberson PM Stephen Maytan AM
Jaci Staiger * Tracy Scott
Debohra Wagner AM Sharon Tucker PM
* Patricia Kriegl
* Denotes Co-Head Judge
ABSENTEE BALLOT BOARD AND ELECTION OFFICIALS
Brandi Aitken Kayla Hechsel Missy Nelson
Anita Burke Suzy Juaire Bersie Sandy Nelson
Julie Carlson Eva Lageson Dorene Perkins Monn
Brenda Clemen Mary Anne Lantz Ben Pierson
Debbie Cordes Monica Long Kati Rainwater
Penelope Curry Stephanie Marschall Lisa Reiten
Judy Finger Jenae Marthey Karen Shaw
Pamela Gackstetter Deb Melton Penny Stewart
Charles Grawe Mary Mueller Mary Thelen
Melissa Haas Michele Mueller Breanna Vincent
Joyetta Hattouni Joan Murphy Casy Weise
Debbie Wessman
ABSENTEE BALLOT BOARD AND ALTERNATES
Elliott Albright Lucette Cardey PM
Theresa Bachmeier Heidi Crane
Barbara Bloom Russell Davies
Nanci Haugen Kenneth Dohmen
Michael Jacobson Sue Kieffer
Sancharie Lall Debra Langdon
Carol Nordli Betsy Nermoe AM
Cheryl O'Daniel Jyda Smith
Jacelyn Payton Joyce Tonkin
Damien Rossi Stephen Van Gordon
Andrea Tsai
Katherine Wenn Kris Anderson
Jason Christianson
Sandhya Kattel
Thomas Knobel-Piehl
Nirmal Mahat
Karen Paulson
Brad Redman
Steven Soderlind
Natilee Squires
BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the
foregoing individuals are hereby appointed as election judges and/or election officials for the Presidential
Nomination Primary to be held on March 3, 2020, in the City of Apple Valley with the understanding
that amendments may be necessary to the appointments in order to fill vacancies.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to make the necessary
substitutions. Judges will be paid at the rate of $10.50 per hour and Co-Head Judges at $13.50 per hour
for time trained and worked.
ADOPTED this 23rd day of January, 2020.
_______________________________________
Mary Hamann-Roland, Mayor
ATTEST:
________________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving A pplication f or F iscal Year 2020 Community Development Block
Grant (C D B G) F unding
S taff Contact:
T homas L ovelace, City P lanner
D epartment / Division:
C ommunity D evelopment Department
Applicant:
N/A
P roject Number:
P C16-03-Misc.
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Adopt the res olution approving the allocation of the C ity’s fiscal year 2020 C ommunity
Development Block Grant (C D BG) funds be used for the Apple Valley Home Improvement
Program for low-and moderate-income households in Apple Valley, which will be
administered by the Dakota County C ommunity Development Agency (C D A); and D A RT S
Outdoor C hore Service, Home Repair and Homemaking Service Programs for older
residents, to be administered by the D akota Area Resources and Transportation for Seniors
(D A RT S) organization.
S UM M ARY:
For your consideration is a draft resolution approving the application for C D BG funds for
fiscal year 2020, which runs from J uly 1, 2020, to J une 30, 2021. T he C D BG allocation
Dakota C ounty will receive for the 2020 Program Year is not yet known. However, the
County believes it is prudent for each city to anticipate the C ounty will receive a similar
amount to what was received for the 2019 Program Year, which was $1,887,578. T herefore,
the estimated allocation for Apple Valley for FY 2020 is $163,090. It should not be
considered to be the final allocation for Apple Valley. It is subject to change depending on
the final amount that is allocated to Dakota County by the Department of Housing and Urban
Development (HUD) for the 2020 program year. Final amounts will be provided as soon as
the final C D BG allocation amounts are determined.
Over the years, the C ity’s C D BG allocation has been used for a variety of projects, with the
primary use of funding for single-family residential housing rehabilitation. Staff is
recommending that the majority of the C ity’s 2020 allocation be dedicated for the A pple
Valley Home Improvement Loan Program, an estimated $144,090. T his program provides no
interest deferred loans to low and moderate income homeowners for home repairs and
improvements. T he maximum loan amount is $35,000, which is $10,000 higher than previous
years. T his program has typically provided loans to 5 to 6 homeowners for home
improvements each year and staff is confident that Apple Valley residents will continue to
take advantage of this program. During calendar year 2019, the C D A closed six (6) loans
for a total $176,556.75 in 2019. T hat averaged out to just under $30,000 per loan.
Finally, staff is recommending the dedication of $18,000 of the proposed 2020 fiscal year
allocation to D A RT S for their Outdoor C hore Service, Home Repair and Homemaking
Service programs. T he Outdoor Chore Service program assists older residents with heavy
chores and outdoor yard work such as raking leaves; snow shoveling, lawn mowing, cleaning
gutters, and cleaning garages and basements. T he Home Repair Program is a handyperson
service for older homeowners who need assistance with household tasks that aren't cleaning
in nature, such as replacing bath and kitchen fixtures or lights, installing a handrail, or
replacing light bulbs that require standing on a ladder. And finally, the Homemaking Service
program assists seniors with housekeeping, laundry, and other indoor chores. Services may
also include grocery shopping and errands. In calendar year 2019, D A RT S spent $18,155.00
assisting 73 older homeowners with indoor and outdoor home maintenance chores. T he
recommended amount will allow D A RT S to continue to provide their outdoor chore and
homemaking services; as well offer the home repair services to more elderly households in
the community in fiscal year 2020.
B AC K G RO UND :
In 1984, Federal C D BG funds became available to Dakota C ounty on an entitlement basis.
T hese funds must be used primarily for programs that benefit either disadvantaged or low-
and moderate-income persons (the elderly are categorized as “disadvantaged”). Other eligible
uses are planning studies (up to 20% of annual fund expenditures) or projects addressing
“imminent threats to health and safety” (rarely used).
For fund allocation purposes, Dakota County is divided into four Community Development
Districts, with each district containing communities of similar characteristics and needs.
Apple Valley is in District #3, which also contains the cities of Burnsville and Eagan. Each
year, the total amount of C D BG funds is divided up among the four districts based on a
formula of population and numbers of low-income households. Past use of funds has ranged
from joint programs effective in all three cities, to individual city programs allocated on a pro
rata share of yearly fund allocations (based on population), and to individual city programs
using the full or “lion’s share” amount of the annual district allocations on a rotating basis.
Currently, the funds are allocated on a pro rata basis to each individual city, with the C D A
designated as the program administrator.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Application
CITY OF APPLE VALLEY
RESOLUTION NO. 2020-
A RESOLUTION APPROVING THE APPLICATION FOR
FISCAL YEAR 2020 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING
WHEREAS, the City of Apple Valley is participating jurisdiction with the Dakota
County Community Development Block Grant (CDBG) Entitlement Program for Fiscal Year
2020 (ending June 30, 2021); and
WHEREAS, the Dakota County Community Development Agency (CDA) is a
Subgrantee of Dakota County for the administration of the CDBG Program; and
WHEREAS, the Dakota County CDA has requested Fiscal Year 2020 CDBG
applications be submitted by January 2020, based on an allocation of funds approved in the
Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Apple Valley hereby approve
the following:
1. The Fiscal Year 2020 CDBG application is approved for submission to the Dakota
County CDA.
2. The Mayor for the City is authorized to execute the application and all agreements
and documents related to receiving and using the awarded CDBG funds.
3. The Dakota County CDA is designated as the administrative entity to carry out the
CDBG program on behalf of the City, subject to future Subrecipient Agreements that
may be required for specific CDBG-funded activities.
ADOPTED this 23rd day of January, 2020.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Declaring Apple Valley C ommunity F estivals for 2020
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Adopt resolution declaring Apple Valley C ommunity Festivals for 2020.
S UM M ARY:
As part of the scope of C ity services, the City provides some opportunities for cultural,
artistic, and educational enrichment and celebrations for residents that promote civic
engagement and general welfare within the City. T hese events may be conducted through a
City department or in conjunction and cooperation with an external partner. T he C ity
declares these events as Community Festivals.
B AC K G RO UND :
T he events identified for 2020 that meet this criteria are:
Mid Winter Fest
Frozen Apple C oncert Series
Apple Valley C hamber Home and Garden Show
Music in Kelley Park C oncert Series
Apple Valley Freedom Days C elebration
Business Watch Picnic
Night to Unite
Staff recommends the C ouncil adopt the resolution declaring these events as C ommunity
Festivals.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2020-12
A RESOLUTION DECLARING APPLE VALLEY COMMUNITY FESTIVALS FOR 2020
WHEREAS, the City of Apple Valley, as part of its mission, provides opportunities for
cultural, artistic, and educational enrichment and celebrations for residents; and
WHEREAS, the City has provided opportunities through events either conducted by a City
department or events held in conjunction and cooperation with organizational partners that
promote civic engagement and general welfare within the City; and
WHEREAS, the City has previously declared such events as community festivals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that it finds the following events continue to provide such
opportunities and are hereby declared to be community festivals:
“Mid-Winter Fest”
“Frozen Apple Concert Series”
“Apple Valley Chamber Home and Garden Show”
“Music in Kelley Park Concert Series”
“Apple Valley Freedom Days Celebration”
“Business Watch Picnic”
“Night to Unite”
The Council encourages the citizens to support and participate in these community
celebrations.
ADOPTED this 23rd day of January, 2020.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Directing Preparation of P lans and S pecif ications and Accepting Corridor
S tudy for P roject 2021-104, Greenleaf E lementary Galaxie Pedestrian C rossing
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt resolution directing preparation of plans and specifications and accepting corridor
study for Project 2021-104, Greenleaf Elementary Galaxie Pedestrian C rossing.
S UM M ARY:
T he C ity of Apple Valley 2019-2023 C apital Improvement Program includes the
construction of a High-Intensity Activated Crosswalk Beacon (HAWK signal), center
roadway median, trails/sidewalk and roadway widening near Greenleaf Elementary along
Galaxie Avenue to accommodate pedestrian improvements for safe routes to school. A map
of the proposed project area is attached (Figure: 1).
In J anuary 2019, the Transportation Advisory Board (TA B) of the Metropolitan Council of
the Twin C ities approved project proposals submitted as part of the 2018 regional
solicitation process and included funding for Greenleaf Elementary Galaxie Pedestrian
Crossing (Safe Routes to School) in the amount of $198,240 for the 2021 funding cycle.
T he project development tasks for the proposed improvements would involve the following
scope of work.
Meet with Federal Aid Program Manager to review the scope and appropriate
documentation.
Prepare environmental documentation (Project Memorandum) and submit to MnD O T
State Aid for approval and obtain Federal Authorization.
Prepare plans, specifications, and a project cost estimate and schedule for 2021
construction.
Review project plans and cost estimates with the C ity C ouncil before the public bid
process.
B AC K G RO UND :
City Council adopted Resolution Number 2017-93 on J une 8, 2017, Authorizing the work
related to Project 2017-140, Galaxie Avenue C orridor Study. T he corridor study is a result
of concerns raised at the March 2016 Traffic Safety A dvisory C ommittee meeting. At that
meeting, the principal of Greenleaf Elementary School expressed concerns with the roadway
configuration following an accident involving students crossing G alaxie Avenue.
B UD G E T I M PAC T:
Project costs and funding included in the preliminary 2020-2021 operating budget are
summarized as follows:
Estimated Project C osts:
C onstruction C ost $ 262,668
C onstruction C ontingency (10%)25,000
Engineering, C ontract Admin, Inspection, Testing, Survey 75,000
Total Estimated Cost $ 362,668
Estimated Project Funding:
Federal ST BG P funding $ 198,240
Road Improvement Fund 164,428
Total Estimated Funding $ 362,668
AT TAC HM E NT S:
Map
R eport
R esolution
Figure 1
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196
SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax
MEMORANDUM
TO: Matt Saam, PE
City of Apple Valley
FROM: Thomas A. Sohrweide, PE, PTOE
DATE: August 22, 2017
Revised January 7, 2020
RE: Galaxie Avenue Corridor Study
SEH No. APPLE 142614
The City of Apple Valley is interested in an evaluation of Galaxie Avenue from McAndrews Road on the north to
140th Street on the south. Concerns on this corridor include traffic carrying capacity and traffic and pedestrian
safety. In particular there are safety concerns at Greenleaf Elementary School.
The corridor is controlled by traffic signals on the north and south ends at McAndrews Road and 140th Street.
The remainder of the six intersections are controlled by stop signs on the side street. Galaxie Avenue is a four
lane roadway with additional left turn lanes at McAndrews Road, 132nd Street and 140th Street.
The speed limit on Galaxie Avenue is 45 mph with a 30 mph school speed zone at Greenleaf Elementary School.
There is marked school crosswalk within this zone that has a roadway center median for a pedestrian refuge
within the crosswalk.
Data Collection
The following data were collected and reviewed and analyzed for the completion of this study.
• Previously collected data including daily traffic counts, traffic operational analysis completed by SEH for
the 140th Street intersection and by Dakota County for the McAndrews Road intersection.
• Greenleaf Elementary School Crossing Study conducted by SEH in 2011.
• Video of traffic gaps, pedestrian counts and vehicle queueing data at Greenleaf Elementary School at the
start and end of the school day.
• Five years of crash data from MnDOT’s Crash Mapping Analysis Tool.
• Bus stop locations.
• Video of turning movement traffic counts at the intersection of Galaxie Avenue/132nd Street intersection.
Analysis
1. Vehicle Safety
Vehicle crash data was gathered 2011 – 2015 for the corridor using MnDOT’s Crash Mapping Analysis
Tool. That data is summarized in Tables 1 and 2 below. There is considered to be a safety concern and
the need for additional investigation when the crash rate at an intersection exceeds the critical crash rate
for that intersection. As seen in Table 1, the intersection of Galaxie Avenue/McAndrews Road has a
crash rate equal to the critical crash rate, thereby not indicating a safety problem. However, the
intersection of Galaxie Avenue/132nd Street, exceeds the critical crash rate, thereby indicating a potential
safety issue and suggestive of further investigation.
Galaxie Avenue Corridor Study
August 22, 2017 (Revised January 7, 2020)
Page 2
Table 1. Intersection Crash Type and Rate
Table 2. Intersection Crash Severity and Critical Rate
The crashes that have occurred at 132nd have been of all types as shown in Table 1, with 3 of the 13
being right angle crashes which is a typical expectation for a side street stop controlled intersection.
These crashes however have not been severe with 11 of the 13 being property damage only and the 2
injury crashes were Severity C – possible injury.
Bus stop locations along Galaxie Avenue were looked at to determine if any crashes were attributable to
bus stops. However, the Minnesota Valley Transit Authority (MVTA) operates only one bus route that
travels along Galaxie Avenue between McAndrews Road and 132nd Street. A bus stop for this route is
located on 132nd Street at Galaxie Avenue. No bus stops are located on Galaxie Avenue from
McAndrews Road to 140th Street.
2. Traffic Forecasts
The Met Council’s Regional Travel Demand Model was used to forecast Galaxie Avenue traffic volumes
to future year 2040. This process forecast daily traffic on the north end of the corridor increasing from
11,400 vehicles per day (vpd) to 14,900 vpd and from 11,700 vpd to 16,500 vpd on the south end. This
information is used in the traffic operational analysis.
Intersection
Rates
From Rear End Left Turn Right
Angle
Side
Swipe Head On Ran Off
Road Other Total Crash Rate
Galaxie Avenue at McAndrews Road**16 1 10 2 3 0 3 35 0.72
Galaxie Avenue at 132nd Street 1 2 3 2 1 0 4 13 0.54
Galaxie Avenue at 133rd Street 2 0 0 0 0 0 2 4 0.18
Galaxie Avenue at 135th Street 2 0 0 2 0 0 0 4 0.18
Galaxie Avenue at Upper 136th Street 2 0 1 0 0 0 0 3 0.14
Galaxie Avenue at Fordham Avenue 3 0 0 0 0 0 0 3 0.14
Galaxie Avenue at Upper 139th Street 0 0 0 0 0 0 0 0 0.00
Galaxie Avenue at 140th Street**18 3 8 5 1 2 4 41 0.74
TOTAL 44 6 22 11 5 2 13 103
43%6%21%11%5%2%13%
**Signalized Intersections
Critical Rate Exceeded
Crash Type
From Fatal A B C Property Total Crash Rate Critical Crash Rate
Galaxie Avenue at McAndrews Road**0 1 2 14 18 35 0.72 0.71
Galaxie Avenue at 132nd Street 0 0 0 2 11 13 0.54 0.43
Galaxie Avenue at 133rd Street 0 0 1 2 1 4 0.18 0.44
Galaxie Avenue at 135th Street 0 0 0 2 2 4 0.18 0.44
Galaxie Avenue at Upper 136th Street 0 0 0 2 1 3 0.14 0.44
Galaxie Avenue at Fordham Avenue 0 0 0 2 1 3 0.14 0.44
Galaxie Avenue at Upper 139th Street 0 0 0 0 0 0 0.00 0.44
Galaxie Avenue at 140th Street**0 0 0 13 28 41 0.74 1.00
TOTAL 0 1 3 37 62 103
0%1%3%36%60%
**Signalized Intersections Above Avg or Critical Rate Critical Rate Exceeded
Crash Severity Intersection
Rates
Calculated
Critical Rates
XX
Galaxie Avenue Corridor Study
August 22, 2017 (Revised January 7, 2020)
Page 3
3. Traffic Operation
Traffic operation is of concern on this corridor. Specifically, is additional analysis needed at the
McAndrews Road and 140th Street intersections, are there operational problems associated with
Greenleaf Elementary School drop-off/pick-up, are there operational concerns at the 132nd Street
intersection and would Galaxie Avenue be able to function as a 3-lane roadway.
Traffic operations analyses were conducted to determine the level of service (LOS) and delay for the AM
and PM roadway peak hours. LOS is a qualitative rating system used to describe the efficiency of traffic
operations at an intersection. Six LOS are defined, designated by letters A through F. LOS A represents
the best operating conditions (no congestion), and LOS F represents the worst operating conditions
(severe congestion).
a. McAndrews Road and 140th Street Intersections
The intersection of McAndrews Road and Galaxie Avenue is controlled by Dakota County. When
contacted, the County indicated that they are not aware of any traffic operational issues with the
intersection.
The intersection of 140th Street and Galaxie Avenue is controlled by the City of Apple Valley. As
part of a project to upgrade the traffic signal at this intersection, in 2016, for reasons of safety,
SEH recommended the consideration of right turn lanes at this intersection as funding and
opportunity present themselves.
b. Greenleaf Elementary School
Our data collection included observation of the impact of parent drop-off and pick-up of students
on Galaxie Avenue.
Traffic was observed to back out of the north driveway to the north in the right southbound traffic
lane during the PM pick up time for about 15 minutes. Eight vehicles was the maximum number
of vehicles observed waiting in the traffic lane. This backup would be accommodated off the
roadway with a proposal under review by the School District and the City which would reroute the
access for the north parking lot to 133rd Street.
Also observed was AM and PM northbound traffic stopped in the left lane to turn left into the
south parking lot. This was a maximum of four vehicles which were waiting for a gap in
southbound traffic. This backup did not appear to create any traffic operational issues. This was
not observed for the north driveway and is likely the case because of the practice to stack
southbound in the roadway out of the driveway. If a directional change occurs for parent pickup
in the afternoon due to having additional off street storage, parents may arrive from the south to
turn left into the north driveway at 133rd Street. If this occurs, stopping for the left turn could occur
as it does now at the south driveway, but only to wait for a traffic gap. This is not anticipated to
be a problem.
The left turn issues could be addressed with a left turn lane either as an extension of the left turn
lane at 132nd south to the 133rd Street intersection and the south driveway. However, while this
might seem logical it doesn’t appear practical due to roadway widening that would be needed. A
left turn lane could also be provided with a 3-lane roadway that will be discussed later in this
study.
Another problem observed was a southbound bus having to stop in the southbound lane to wait
for a vehicle exiting the south driveway. The vehicle was occupying more than half of the
driveway, therefore not allowing the bus to enter. We recommend that the School District
Galaxie Avenue Corridor Study
August 22, 2017 (Revised January 7, 2020)
Page 4
consider the installation of lane markings on the south driveway to allow vehicles (buses) to enter
the south driveway when vehicles are exiting.
c. 132nd Street Intersection
While Galaxie Avenue is a 4-lane road on this corridor, it has been widened at 132nd Street to
provide for left turn lanes. Our traffic counts found that the PM peak hour southbound left turn is
82 vehicles. This is relatively significant and likely the reason the roadway was widened to
provide left turn lanes. The full traffic turning movement count is attached at the end of this
memorandum.
The existing intersection control is stop signs on 132nd Street. Due to concerns expressed to the
City, we evaluated whether the existing control is appropriate. The Minnesota Manual on Uniform
Traffic Control Devices (MnMUTCD) contains warrants for the installation of traffic signals. The
predominate warrant desired to be met, requires threshold traffic volume to exist for 8 hours per
day. At this location, the warrant is met for 5 of the required 8 hours, with 4 additional hours
needing 5 or less vehicles per hour on an approach to the intersection. With the traffic volumes
being this close to meeting the warrant, it is our opinion that the 8 hour warrant is met.
In addition there is a Crash Experience warrant. To meet this warrant requires a traffic volume
threshold to be met along with 5 crashes in a 12 month period that are of the type susceptible to
correction with a traffic signal. These types of crashes are typically right angle and turning. The
intersection meets this warrant for 4 of the required 5 crashes. Thereby similar to the volume
warrant in being close to being met. It is significant to note that the traffic volume and crash
experience warrants are very near to being met and the intersection exceeds the critical crash
rate. The detailed warrant analyses are attached at the end of this memorandum.
By meeting warrants to install a traffic signal, consideration can be given to the installation of a
roundabout. The determination of which control would best fit the intersection and corridor would
be determined through an Intersection Control Evaluation report. However, meeting a warrant for
the installation of a traffic signal, does not mandate that a traffic signal has to be installed. To
further evaluate the need to install a traffic signal at this location, we used the Synchro/SimTraffic
software program to evaluate the traffic operations. The tables below summarize the traffic
operation under existing and 2040 conditions as a 2-way stop and as a traffic signal.
Table 3. Existing Traffic – Stop Control
L T R Total L LOS T LOS R LOS Delay
(s/veh)LOS Delay
(s/veh)LOS
NB 6 617 11 634 4.2 A 1.3 A 1.2 A 1.3 A
SB 13 282 14 309 4.7 A 1.3 A 1.0 A 1.4 A 2.4 A
EB 50 8 32 90 11.7 B 11.4 B 4.6 A 9.0 A
WB 27 5 73 105 9.7 A 12.6 B 4.8 A 6.4 A
NB 29 458 46 533 7.1 A 1.1 A 0.6 A 1.4 A
SB 82 660 75 817 6.6 A 2.9 A 2.6 A 3.2 A 3.3 A
EB 23 3 36 62 20.5 C 15.7 C 6.7 A 12.7 B
WB 30 2 41 73 14.8 B 13.7 B 3.9 A 8.6 A
Delay (s/veh)LOS By
Approach
LOS By
IntersectionDemand Volumes
AM PeakPM PeakApproach
Galaxie Avenue Corridor Study
August 22, 2017 (Revised January 7, 2020)
Page 5
Table 4. Existing Traffic – Traffic Signal Control
As seen in the above tables, the present LOS for the intersection and individual movements is
acceptable under either control. The intersection was similarly analyzed for 2040 with the results
in the following tables.
Table 5. 2040 Traffic – Stop Control
Table 6. 2040 Traffic – Traffic Signal Control
L T R Total L LOS T LOS R LOS Delay
(s/veh)LOS Delay
(s/veh)LOS
NB 6 617 11 634 5.2 A 4.9 A 4.5 A 4.9 A
SB 13 282 14 309 9.0 A 4.3 A 1.4 A 4.3 A 5.0 A
EB 50 8 32 90 9.4 A 12.3 B 4.1 A 7.5 A
WB 27 5 73 105 7.9 A 10.3 B 4.5 A 5.6 A
NB 29 458 46 533 7.2 A 4.5 A 2.6 A 4.5 A
SB 82 660 75 817 7.7 A 5.3 A 4.2 A 5.4 A 5.2 A
EB 23 3 36 62 11.1 B 8.6 A 4.4 A 7.2 A
WB 30 2 41 73 11.0 B 10.3 B 4.3 A 7.1 A
Delay (s/veh)LOS By
Approach
LOS By
IntersectionDemand Volumes
AM PeakPM PeakApproach
L T R Total L LOS T LOS R LOS Delay
(s/veh)LOS Delay
(s/veh)LOS
NB 10 815 20 845 6.4 A 6.0 A 3.6 A 5.9 A
SB 20 375 20 415 9.4 A 5.0 A 2.8 A 5.1 A 6.1 A
EB 60 15 40 115 11.0 B 11.7 B 5.6 A 9.2 A
WB 40 10 105 155 9.6 A 12.3 B 5.8 A 7.3 A
NB 40 605 70 715 8.3 A 5.7 A 4.0 A 5.7 A
SB 120 870 90 1,080 10.1 B 7.6 A 6.3 A 7.8 A 7.2 A
EB 30 5 45 80 14.3 B 17.1 B 6.6 A 10.2 B
WB 45 5 60 110 15.2 B 15.2 B 4.9 A 8.8 AAM PeakPM PeakApproach
Delay (s/veh)LOS By
Approach
LOS By
IntersectionDemand Volumes
L T R Total L LOS T LOS R LOS Delay
(s/veh)LOS Delay
(s/veh)LOS
NB 10 815 20 845 4.6 A 1.6 A 1.2 A 1.6 A
SB 20 375 20 415 7.1 A 1.6 A 1.4 A 1.9 A 3.5 A
EB 60 15 40 115 17.2 C 20.7 C 9.0 A 14.7 B
WB 40 10 105 155 16.0 C 19.8 C 6.8 A 9.9 A
NB 40 605 70 715 8.4 A 1.5 A 1.4 A 1.9 A
SB 120 870 90 1,080 9.1 A 3.7 A 3.5 A 4.3 A 5.4 A
EB 30 5 45 80 45.4 E 84.3 F 27.0 D 37.4 E
WB 45 5 60 110 35.3 E 50.4 F 5.2 A 17.4 CAM PeakPM PeakApproach
Delay (s/veh)LOS By
Approach
LOS By
IntersectionDemand Volumes
Galaxie Avenue Corridor Study
August 22, 2017 (Revised January 7, 2020)
Page 6
With this intersection exceeding the critical crash rate, and 2040 forecast poor side street
operation in the future, consideration should be given to the installation of a traffic signal.
d. 4-lane vs. 3-lane
The existing 4-lane roadway can have limitations when needing to accommodate and store left
turning vehicles. The potential problems generally become evident with vehicle crashes at these
locations. Our safety analysis has not shown evidence of a safety concern. While not needed
based on historical safety data, in addition to left turn storage out of a through traffic lane, a 3-
lane roadway can provide other benefits:
• On-road marked shoulders for bike lanes
• Lowered traffic speeds due to the inability to pass a slower vehicle
• Wide raised center median area for pedestrian crossing storage
• A 3-lane roadway can transition to the existing 5-lane roadways at the traffic signals
Of concern with a 3-lane roadway is additional delay that can be incurred by side street traffic
accessing the roadway due to reduced gaps in Galaxie Avenue traffic.
Planning level guidelines exist relative to the LOS for roadway segments relative to daily traffic
volume. The following table compares Galaxie Avenue LOS as a 4-lane and a 3-lane both for
existing and future traffic volumes.
Table 7. Galaxie Avenue Level of Service Comparison
Year Daily Traffic
Volume
Level of Service
4-lane 3-lane
Existing 14,900 B/C D
2040 16,500 C/D E
The data shown in Table 7 indicates that the traffic operations will degrade with a change from a
4-lane to a 3-lane roadway. However, a forecast LOS E for year 2040 is generally acceptable
from a planning perspective. This information is based on daily traffic volumes. Following is a
peak hour comparison of operation at the intersection of Galaxie Avenue and 132nd Street.
Table 8. Existing Traffic – Stop Control – 3-Lane
L T R Total L LOS T LOS R LOS Delay
(s/veh)LOS Delay
(s/veh)LOS
NB 6 617 11 634 5.3 A 2.7 A 2.5 A 2.7 A
SB 13 282 14 309 6.5 A 2.7 A 3.4 A 2.9 A 4.2 A
EB 50 8 32 90 17.1 C 14.4 B 6.8 A 13.2 B
WB 27 5 73 105 12.2 B 19.6 C 8.2 A 9.7 A
NB 29 458 46 533 6.5 A 2.3 A 2.2 A 2.5 A
SB 82 660 75 817 8.6 A 5.6 A 5.1 A 5.9 A 5.3 A
EB 23 3 36 62 20.7 C 19.9 C 9.5 A 14.1 B
WB 30 2 41 73 23.2 C 15.9 C 5.1 A 12.1 BAM PeakPM PeakApproach
Delay (s/veh)LOS By
Approach
LOS By
IntersectionDemand Volumes
Galaxie Avenue Corridor Study
August 22, 2017 (Revised January 7, 2020)
Page 7
Table 9. Existing Traffic – Traffic Signal Control – 3-Lane
Table 10. 2040 Traffic – Stop Control – 3-Lane
Table 11. 2040 Traffic – Traffic Signal Control – 3-Lane
The above comparison shows intersection traffic operation to be good as a 3-lane or a 4-lane
road now and in 2040, if a traffic signal is installed at 132nd Street.
Of note, is that if side street stop control remains, as will be the case at five other intersections,
the LOS will degrade to LOS F for the side streets with PM peak hour delays of over a minute in
length.
L T R Total L LOS T LOS R LOS Delay
(s/veh)LOS Delay
(s/veh)LOS
NB 6 617 11 634 7.4 A 8.1 A 4.1 A 8.0 A
SB 13 282 14 309 11.2 B 6.2 A 4.5 A 6.3 A 7.5 A
EB 50 8 32 90 11.7 B 10.9 B 5.1 A 9.3 A
WB 27 5 73 105 8.0 A 11.0 B 6.3 A 6.9 A
NB 29 458 46 533 9.7 A 6.8 A 4.0 A 6.7 A
SB 82 660 75 817 10.2 B 10.1 B 6.6 A 9.8 A 8.5 A
EB 23 3 36 62 12.9 B 10.7 B 5.6 A 8.5 A
WB 30 2 41 73 12.5 B 11.2 B 5.1 A 8.0 AAM PeakPM PeakApproach
Delay (s/veh)LOS By
Approach
LOS By
IntersectionDemand Volumes
L T R Total L LOS T LOS R LOS Delay
(s/veh)LOS Delay
(s/veh)LOS
NB 10 815 20 845 10.1 B 15.4 B 8.2 A 15.2 B
SB 20 375 20 415 15.0 B 7.5 A 4.3 A 7.8 A 12.6 B
EB 60 15 40 115 15.5 B 15.0 B 7.7 A 12.6 B
WB 40 10 105 155 13.1 B 11.5 B 10.6 B 11.3 B
NB 40 605 70 715 10.1 B 6.9 A 4.0 A 6.8 A
SB 120 870 90 1,080 10.3 B 10.4 B 6.7 A 10.1 B 8.7 A
EB 30 5 45 80 13.1 B 10.7 B 5.6 A 8.6 A
WB 45 5 60 110 12.8 B 11.4 B 5.1 A 8.1 AAM PeakPM PeakApproach
Delay (s/veh)LOS By
Approach
LOS By
IntersectionDemand Volumes
L T R Total L LOS T LOS R LOS Delay
(s/veh)LOS Delay
(s/veh)LOS
NB 10 815 20 845 5.8 A 3.6 A 3.6 A 3.6 A
SB 20 375 20 415 11.9 B 3.4 A 2.8 A 3.8 A 7.6 A
EB 60 15 40 115 42.5 E 35.3 E 23.1 C 34.7 D
WB 40 10 105 155 23.0 C 23.9 C 19.1 C 20.5 C
NB 40 605 70 715 10.1 B 2.9 A 2.9 A 3.3 A
SB 120 870 90 1,080 11.9 B 7.2 A 6.9 A 7.7 A 9.1 A
EB 30 5 45 80 70.8 F 51.6 F 46.8 E 56.0 F
WB 45 5 60 110 61.7 F 78.4 F 7.1 A 28.4 D
Delay (s/veh)LOS By
Approach
LOS By
IntersectionDemand Volumes
AM PeakPM PeakApproach
Galaxie Avenue Corridor Study
August 22, 2017 (Revised January 7, 2020)
Page 8
Due to a degraded LOS on the corridor with a 3-lane roadway along with poor LOS for future side
street traffic, we recommend maintaining a 4-lane roadway.
Pedestrians
A signed school crossing exists crossing Galaxie Avenue to and from Greenleaf Elementary School immediately
south of the southernmost school driveway. The crossing includes a center roadway median which provides a
pedestrian refuge and enhances the visibility of the crossing. In the past this crossing had as many as 174
pedestrian crossings going to school on “Walking Fridays” when adult volunteers served as crossing guards.
Current counts as part of this study found very few pedestrian crossings without the presence of adult crossing
guards.
The data collection found there to be 22 adequate gaps of 19 seconds or more to cross the entire roadway during
the hour prior to the start of school and 13 adequate gaps during the hour when school is dismissed. A guideline
for a safe crossing is one adequate gap per minute or 60 gaps per hour. The center median that exists at this
crossing location creates the possibility for two part crossing. A pedestrian determines an adequate gap in traffic
and crosses two lanes of traffic to the center median, then determines that another adequate gap exists and
crosses the remaining two lanes. Our review did find that when crossed separately adequate gaps of 10 seconds
or more of approximately one every 40 seconds exist for a two part crossing. However, the 6’ wide median
provides minimal pedestrian storage area and is not large enough to accommodate a group of pedestrians,
particularly elementary age students. The detailed Gap Study results are attached at the end of this
memorandum.
If the school is still working to encourage and promote walking and biking to school, a HAWK signal or
Rectangular Rapid Flashing Beacon (RRFB) at the crossing should be considered along with moving the
crosswalk. Since the time of the last study, RRFB’s have been successfully used to warn motorists to stop for
pedestrians. An RRFB is a unique warning flasher that is activated by the pedestrian pushing a button.
In the previous study, a Pedestrian Hybrid Beacon (HAWK signal) was recommended for the crossing. The
factors of traffic volume and speed for consideration for the installation have not changed.
If the crossing is maintained we recommend discussion with the School District for considering relocating the
crossing further north to align with the entrance to the school either as a midblock on the south side of the building
or at 133rd Street and proposed new driveway on the north side of the building.
.
Galaxie Avenue Corridor Study
August 22, 2017 (Revised January 7, 2020)
Page 9
Recommendations
For Immediate Action
1. Maintain Galaxie Avenue as a 4-lane roadway.
2. Facilitate the proposed redesigned school north driveway to 133rd Street.
3. Discuss with the School District the relocation of the crosswalk and the need and type of crossing
assistance.
4. Discuss with the School District the need to install lane markings in the south driveway.
As Funding and Opportunity Present
1. Install a traffic signal or roundabout at the intersection of Galaxie Avenue and 132nd Street.
2. The relocation of the crosswalk and the installation of crossing assistance.
ts
Attachments
c: Brandon Anderson, City of Apple Valley
Dave Hutton, SEH
s:\ae\a\apple\142614\8-planning\87-rpt-stud\saam-galaxie study-082217-final.docx
CITY OF APPLE VALLEY
RESOLUTION NO. 2020-
A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
AND ACCEPTING CORRIDOR STUDY FOR
PROJECT 2021-104, GREENLEAF ELEMENTARY GALAXIE PEDESTRIAN CROSSING
WHEREAS, the City’s Capital Improvements Program identifies proposed infrastructure
improvements in 2021; and
WHEREAS, the corridor study recommends pedestrian improvements consisting of a
HAWK Signal, center roadway median, trails/sidewalk and roadway widening near Greenleaf
Elementary along Galaxie Avenue; and
WHEREAS, the City Council has reviewed the scope of proposed improvements
associated with the Greenleaf Elementary Galaxie Pedestrian Crossing project; and
WHEREAS, the City Council considers it to be in the best interest of the City to begin the
process of information gathering and have plans and specifications prepared for said
improvements scheduled for construction in the year 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. Corridor Study for Project 2017-140, Galaxie Avenue Corridor Study is
hereby accepted.
2. Improvement Project 2021-104, Greenleaf Elementary Galaxie Pedestrian
Crossing Improvements is hereby established.
3. Staff is directed to prepare plans and specifications.
ADOPTED this 23rd day of January 2020.
__________________________________
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 :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove Renewal Agreement with Cartegraph Systems, L L C, for A sset Management Software
Hosting and S upport S ervices
S taff Contact:
Matt Saam, P ublic Works Director
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Approve renewal agreement with C artegraph Systems, LLC, for asset management software
hosting and support services.
S UM M ARY:
T he C ouncil is requested to approve the attached 3-year renewal agreement with C artegraph
Systems, LLC continuing our asset management system software known as Operation
Management Systems (O MS). O MS is a web based asset software that provides flexibility
by allowing staff to access the system from iPads and other mobile devices while in the field.
In addition, O MS is a modern enterprise business system that allows the C ity the foundation
to support citizen requests, work orders, and asset management workflows throughout the
department. Hosting services will cover C artegraph’s cost to host our data “in the cloud”
versus having on-site servers, a process preferred by City IT staff. T he agreement will also
provide support services for C ity staff. Previous experience with Cartegraph support staff
has been excellent.
T he agreement has been reviewed by the C ity Attorney.
B AC K G RO UND :
On February 8, 2018, the C ity C ouncil approved agreements with C artegraph Systems, LLC
for asset management implementation and hosting services.
A summary of the O MS software and extensions is described below:
O MS Enterprise Platform – T he Enterprise Platform gives the C ity access to all
standard asset domains within Cartegraph O MS: Transportation, Walkability, Water
Distribution, Sewer Collection, Signals, Stormwater, Parks & Rec, Flood Protection,
and Facilities.
Advanced Assets Extension - includes C artegraph’s advanced asset management
functionality. T his provides the C ity access to the Asset Condition Manager
Administration tools, the O MS Preventative Maintenance engine, and Advanced
Inspections functionality. T he Asset C ondition Manager provides asset performance
(O C I) monitoring, deterioration modeling, and advanced analytics for all assets.
Advanced Inspections allows the C ity to configure its own custom inspections and
rating scales for any assets being monitored. T he Preventative Maintenance engine
allows the C ity to automatically schedule work on its assets based on triggers
(condition, time, and usage) for more proactive work management.
Advanced Work Extension - includes C artegraph’s Scenario Builder functionality.
Scenario Builder is a proactive work planning solution that helps organizations forecast
where to best allocate time and budget on maintenance activities that improve the
overall condition of its assets. By leveraging detailed work and asset condition records
captured in O MS, the predictive analytic models in Scenario Builder help the C ity
compare data/scenarios, project future performance of assets, and support decisions
that optimize maintenance activities, resources, and budget.
Advanced User Tools Extension - includes access to C artegraph’s Asset Builder, Web
A PI, and Webhooks functionality. With Asset Builder the C ity can configure any non-
standard asset structure in O MS. T he C artegraph Web A P I exposes the O MS
interface for custom integrations when the sharing of information between other business
systems is needed. Webhooks are used to connect two different applications. When an
event occurs in the first application, the first application serializes data about the event
and sends it to a webhook URL that is exposed in the second application. C artegraph is
able to do both incoming and outgoing webhooks or the first application mentioned in
the webhooks definition.
B UD G E T I M PAC T:
T here are sufficient funds in the 2020-2021 budget for the C artegraph services. T he 3-year
costs are as follows:
Agreement Year 1 $61,650.00
Agreement Year 2 $63,499.50
Agreement Year 3 $65,400.00
3-year Total $190,549.50
AT TAC HM E NT S:
Agreement
I T E M: 4.K .
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove J oint P owers A greement with Dakota C ounty f or 2020 Sentence to S ervice (S T S)
P rogram Work Crews
S taff Contact:
B arry B ernstein, Director of Parks & Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve J oint Powers Agreement with Dakota C ounty for 2020 Sentence to Service (ST S)
Program Work C rews.
S UM M ARY:
Staff is seeking authorization to enter into a J oint Powers Agreement with Dakota C ounty for
Sentence to Service Program Work C rews. T he term of the Agreement shall be the 2020
calendar year and cost shall not exceed $27,417.00.
B AC K G RO UND :
In the past, the Dakota County S T S crews have provided a valuable staffing resource in
aiding maintenance division goals in both parks and streets. Typical assignments have been
litter collection along city streets, clean-up after J uly 4th events, hockey rink and shelter
painting, fall tree wrapping and mulching, cleaning around storm ponds, etc.
T he cost of this program for 2020 will be $481.00 per day and not to exceed $27,417.00.
T he cost is split between the Parks and Street Maintenance Divisions. T he contract
guarantees up to 57 crew days with a supervisor and an average crew of seven. T his has
been an effective portion of maintenance operations.
B UD G E T I M PAC T:
Funding has been designated within the 2020 budget, in both the Parks Maintenance and
Street Maintenance divisions, to support this project.
AT TAC HM E NT S:
Agreement
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with F rontier Ag & Turf for Project 2020-115, S upply 72" Mowers f or L ease
S taff Contact:
B arry B ernstein, Director of Parks & Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve the two-year agreement with Frontier Ag & Turf, for Project 2020-115, Supply 72"
Mowers for Lease, in the amount of $72,500.00, the lowest responsible proposal.
S UM M ARY:
A two-year agreement for Project 2020-115, Supply 72" Mowers for Lease, with Frontier
Ag & Turf is presented for City C ouncil consideration. T he annual cost is $36,250.00. Staff
recommends approval of the lease agreement with Frontier Ag & Turf.
B AC K G RO UND :
Proposals were sought for Project 2020-115, Supply 72" Mowers for Lease. Information
was sent to three potential vendors. Two responses were received:
Quotation
Vendor
(5) Zero Turning
Radius Mowers
(2) Mowers With C abs &
Snowblowers
Total
Annual
C ost
Total Two-
Year Cost
Frontier Ag &
Turf $20,000.00 $16,250.00 $36,250.00 $72,500.00
SEMA
Equipment,
Inc.
$18,250.00 $18,250.00 $36,500.00 $73,000.00
Lano
Equipment
Anoka
no response
A two-year agreement for Project 202015, Supply 72" Mowers for Lease, with Frontier A g
& Turf is presented for C ity Council consideration. T he current lease agreement expires in
April 2020. T he new agreement covers the lease of five zero turning radius mowers and two
out front 4 wd mowers for use by the Parks Department beginning April 20, 2020. Frontier
Ag & Turf is offering a total price of $72,500.00 which equates to an annual cost of
$36,250.00. Staff has reviewed the proposal and recommends approval.
B UD G E T I M PAC T:
$36,250.00 annually (total of $72,500.00)
AT TAC HM E NT S:
Agreement
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove Change Orders No. 1, 3, and 4 to A greement with Fendler P atterson C onstruction,
I nc., f or City Hall - L ower L evel Buildout
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Approve Change Orders No. 1, 3, and 4 to agreement with Fendler Patterson Construction,
Inc., for C ity Hall - Lower Level Buildout in the total amount of 17,325.84, and authorize the
Mayor and C ity C lerk to sign contract documents.
S UM M ARY:
Attached are proposals for three change orders to the project contract. T he change order
covers eight issues summarized below. T he eight small issues have been grouped into three
change orders. T he total budget impact for the entire change in all three change orders is an
addition of $17,325.84. T he contract sum prior to the approval of the change order is
$934,300.00. With the approval of the change order, the contract sum would be
$951,625.84. T he project is under budget. Due to timing and scheduling, staff has granted
prior approval of some of these items to keep the project moving on schedule.
B AC K G RO UND :
C O 1, Item 1: T his item is the demolition work for other items in this change order,
including removal of flooring, counter tops, and sinks.
C O 1, Item 2: Replace the counter tops in the coffee alcoves on the first and second floors.
T he C ity has been replacing the near 20-year old laminate counter tops over time. T hese
tops are in tough shape and staff believes it is more efficient to include construction of these
tops with the other counter tops included in this project.
C O 1, Item 3: Add door hardware for additional card reader. Staff added a card reader to
the proposed security access scope of work. It is less costly to have the general contractor
prepare the door for the necessary lock hardware in advance than to have the security
contractor retrofit the door later.
C O 1, Item 4: Add replacement carpet stock for lower level and replace the linoleum floor
in the kitchen. T he C ity is using carpet tiles, rather than rolled carpet, in the lower level.
T here are two weave patterns selected for the project carpeting. Additional overage and
replacement "attic stock" is necessary when using two weave patterns. For the second
flooring issue, the vending machines were removed from the kitchen, exposing significant
damage to the linoleum after nearly 20 years of the machine weight on the flooring. T he
linoleum flooring is due for replacement.
C O 1, Item 5: Add and install a gated doorway to new evidence room. T he project includes
erecting a wall in the Police ammunition room to expand the evidence storage room. Staff
believes it would be highly beneficial to have a secondary access into the expanded evidence
area.
C O 1, Item 6: A dd miscellaneous electrical and low voltage wiring for video and security
projects. T he plans for the video and security contracts associated with this project were
still under development at the time the general contract specification was created. T his item
is a collective of smaller changes to the electrical and low voltage portion of the general
contract to accommodate the final scope of work for the video and security contracts.
C O 1, Item 7: T his is the general contractor portion of costs for oversight and management
of all the C hange Order 1 items.
C O 3: Test storm drain for structural integrity. Last winter, a clog in the storm drain pond
outlet backed drain water into the building's roof drain system. T his system is currently
exposed, but will be more difficult to access at the completion of the construction project.
Staff recommends testing the structural integrity of the storm drain to determine if there was
structural damage from last year's event. T he results of the test will determine what, if any,
corrective action may be needed.
C O 4: Replace sinks, faucets, and plumbing hardware in coffee alcoves. Staff recommends
replacing the worn plumbing hardware at the same time the counter tops are replaced.
B UD G E T I M PAC T:
C O 1, Item 1 Addition. $270.00
C O 1, Item 2 Addition. $3,670.00
C O 1, Item 3 Addition. $940.00
C O 1, Item 4 Addition. $3,068.76
C O 1, Item 5 Addition. $1,100.00
C O 1, Item 6 Addition. $2,935.00
C O 1, Item 7 Addition. $1,198.38
C O 3 Addition. $2,200.00
C O 4 Addition. $1,943.70
AT TAC HM E NT S:
C hange Order D ocument(s)
C hange Order D ocument(s)
C hange Order D ocument(s)
Fendler Patterson
4839 West 124th Street
Savage, Minnesota 55378
Phone: (952) 890-4364
Fax: (952) 890-2916
Project: 19-196 - Apple Valley Municipal Center Remodeling 2019
7100 147th Street W
Apple Valley, Minnesota 55124
Phone: 9529532593
Prime Contract Potential Change Order #001: AVMC PR-1
TO: City of Apple Valley
7100 147th Street W
Apple Valley, Minnesota 55124
FROM: Fendler Patterson Construction, Inc
4839 West 124th Street
Savage, Minnesota 55378
PCO NUMBER/REVISION: 001 / 0 CONTRACT:1 - Apple Valley Municipal Center Remodeling
2019 Prime Contract
REQUEST RECEIVED FROM: Tim Nielsen (CNH Architects Inc.)CREATED BY: Cory Jones (Fendler Patterson
Construction, Inc)
STATUS: Pending - In Review CREATED DATE: 12/26/2019
REFERENCE: PRIME CONTRACT
CHANGE ORDER:
#001 - AVMC PR-1
FIELD CHANGE: No
LOCATION: ACCOUNTING
METHOD:
Amount Based
SCHEDULE IMPACT: 20 days PAID IN FULL: No
TOTAL AMOUNT: $13,182.14
POTENTIAL CHANGE ORDER TITLE: AVMC PR-1
CHANGE REASON: Client Request
POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows)
CE #001 - OCO 1: AVMC PR-1
Subcontractors that have submitted pricing for PR-1:
Twin City Demo
Fromm's casework
Kenedell Doors
St. Croix Wall Systems (labor for wire mesh door)
Henricksen flooring
Standard Wire (material for 3' door)
Cal-Tex Electric
Fendler Patterson
Sun Mechanical is not included in this PR-1 price.
ATTACHMENTS:
Henricksen PR-1 1-9-2020.pdf St. Croix Wall PR-1.pdf Cal-Tex PR-1.pdf Standard Wire mesh partitions PR-1.pdf Kendell Doors PR-1.pdf
Fromm's PR-1.pdf Twin City Demo PR-1.pdf
Tim Nielsen (CNH Architects Inc.) City of Apple Valley Fendler Patterson Construction, Inc
7100 147th Street W 4839 West 124th Street
Apple Valley, Minnesota 55124 Savage, Minnesota 55378
ProcoreArchitectSignHere ProcoreArchitectSignedDate ProcoreOwnerSignHere ProcoreOwnerSignedDate ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate
SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE
Fendler Patterson page 1 of 1 Printed On: 1/9/2020 01:16 PM
PCO #001
Fendler Patterson
4839 West 124th Street
Savage, Minnesota 55378
Phone: (952) 890-4364
Fax: (952) 890-2916
Project: 19-196 - Apple Valley Municipal Center Remodeling 2019
7100 147th Street W
Apple Valley, Minnesota 55124
Phone: 9529532593
Prime Contract Change Order #003: AVMC PR-1 B Air test storm drain
line
TO:City of Apple Valley
7100 147th Street W
Apple Valley, Minnesota 55124
FROM:Fendler Patterson Construction, Inc
4839 West 124th Street
Savage, Minnesota 55378
DATE CREATED:1/08/2020 CREATED BY:Cory Jones (Fendler Patterson Construction,
Inc)
CONTRACT STATUS:Pending - In Review REVISION:0
DESIGNATED REVIEWER: REVIEWED BY:
DUE DATE: REVIEW DATE:
INVOICED DATE: PAID DATE:
SCHEDULE IMPACT:EXECUTED:No
CONTRACT FOR:1:Apple Valley Municipal Center Remodeling
2019 Prime Contract
TOTAL AMOUNT: $2,200.00
DESCRIPTION:
CE #001B - PR-1 B Air test storm drain line
To air test the storm drain line, we expect it to take to plumbers a day. This includes cutting the insulation and storm pipe, inserting plugs, applying air
pressure, testing for about 20 minutes, and then putting the pipe back together.
This excludes patching insulation, and any work beyond this scope. If there are leaks, we will discuss what to do at that time and provide pricing after a
plan is developed.
ATTACHMENTS:
Sun Mech PR-1B storm drain air test.pdf
POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER:
PCO #Title Schedule Impact Amount
003 AVMC PR-1 B Air test storm drain line 10 days $2,200.00
Total: $2,200.00
The original (Contract Sum)$934,300.00
Net change by previously authorized Change Orders $0.00
The contract sum prior to this Change Order was $934,300.00
The contract sum would be changed by this Change Order in the amount of $2,200.00
The new contract sum including this Change Order will be $936,500.00
The contract time will not be changed by this Change Order.
Tim Nielsen (CNH Architects Inc.) City of Apple Valley Fendler Patterson Construction, Inc
7100 147th Street W 4839 West 124th Street
Apple Valley, Minnesota 55124 Savage, Minnesota 55378
ProcoreArchitectSignHere ProcoreArchitectSignedDate ProcoreOwnerSignHere ProcoreOwnerSignedDate ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate
SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE
Fendler Patterson page 1 of 1 Printed On: 1/8/2020 04:04 PM
PCCO #003
Fendler Patterson
4839 West 124th Street
Savage, Minnesota 55378
Phone: (952) 890-4364
Fax: (952) 890-2916
Project: 19-196 - Apple Valley Municipal Center Remodeling 2019
7100 147th Street W
Apple Valley, Minnesota 55124
Phone: 9529532593
Prime Contract Potential Change Order #004: AVMC PR-1C Sinks without
re-circ assembly
TO: City of Apple Valley
7100 147th Street W
Apple Valley, Minnesota 55124
FROM: Fendler Patterson Construction, Inc
4839 West 124th Street
Savage, Minnesota 55378
PCO NUMBER/REVISION: 004 / 0 CONTRACT:1 - Apple Valley Municipal Center Remodeling
2019 Prime Contract
REQUEST RECEIVED FROM: Tim Nielsen (CNH Architects Inc.)CREATED BY: Cory Jones (Fendler Patterson
Construction, Inc)
STATUS: Pending - In Review CREATED DATE: 1/8/2020
REFERENCE: PRIME CONTRACT
CHANGE ORDER:
#004 - AVMC PR-1C Sinks without re-circ
assembly
FIELD CHANGE: No
LOCATION: ACCOUNTING
METHOD:
Amount Based
SCHEDULE IMPACT: 10 days PAID IN FULL: No
TOTAL AMOUNT: $1,943.70
POTENTIAL CHANGE ORDER TITLE: AVMC PR-1C Sinks without re-circ assembly
CHANGE REASON: Design Development
POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows)
CE #001C - PR-1C Sinks without re-circ assembly
We have removed the plumbing work from the PR-1 pricing because of the scope issues. We need to move forward with the non-plumbing items in PR1
while the plumbing scope is refined.
This price is for the plumber to remove the existing sinks, and provide 2 new sinks and faucets.
It does not include the valve assembly shown on detail 4/P1.0 as we agreed to remove that scope of work from the project on 1/7/20.
ATTACHMENTS:
Sun Mech PR-1C Sinks NO recirc valves - Copy.pdf
Tim Nielsen (CNH Architects Inc.) City of Apple Valley Fendler Patterson Construction, Inc
7100 147th Street W 4839 West 124th Street
Apple Valley, Minnesota 55124 Savage, Minnesota 55378
ProcoreArchitectSignHere ProcoreArchitectSignedDate ProcoreOwnerSignHere ProcoreOwnerSignedDate ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate
SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE
Fendler Patterson page 1 of 1 Printed On: 1/9/2020 01:03 PM
PCO #004
SUN MECHANICAL, INC.
10834 178TH CIRCLE NW
ELK RIVER, MN 55330
PHONE: 763-274-2866 FAX: 763-274-2871
January 9, 2020
Cory Jones
Project Manager
Fendler Patterson Construction, Inc
4839 West 124th Street
Savage, MN 55378
Mobile: 952-426-2298 Direct: 952-242-9218
Office: 952-890-4364 FAX: 952-890-2916
Project: Apple Valley Municipal Center Remodel
Subject: Base bid - PR 1
As decided by the Owner, Engineer and Fendler Patterson, the recirc piping to the base bid sink
in room 014, will also be removed from the project.
For deleting the recirc piping, pipe insulation, and recirc piping detail to the sink in room 014, we
offer a credit of ($1,700.00)
Please proceed with written change order if we are to proceed.
Thank you.
Donna Krueger
Administrative Assistant.
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove Acceptance and F inal Payment on Agreement with Midwest F ence & Mf g. C o. for
P roject 2019-156, Q uarry P oint Park F ield #4 Backstop and Fencing
S taff Contact:
B arry B ernstein, P arks and Recreation D irector
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Accepting Project 2019-156, Q uarry Point Park Field #4 Backstop and Fencing, as complete
and authorizing final payment on the agreement with Midwest Fence & Mfg. C o. in the
amount of $59,720.00.
S UM M ARY:
Midwest Fence & Mfg. C o. has completed the specified work on the backstop fencing of
Field #4 at Quarry Point Park. T hey have also submitted applicable final paperwork for
payment. Staff finds the results of the project acceptable and recommends final payment on
Project 2019-156, Quarry Point Park Field #4 Backstop and Fencing.
B AC K G RO UND :
Midwest Fence & Mfg. C o. was contracted for the removal and replacement of the backstop
and third base line fabric on Field #4 at Quarry Point Park Athletic C omplex.
B UD G E T I M PAC T:
$59,720.00
AT TAC HM E NT S:
F inal Pay Documents
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove 2020-2021 L abor A greement with A F S C ME L ocal No. 479
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Approve 2020-2021 Labor Agreement with A FS C ME Local N o. 479.
S UM M ARY:
A FS C ME Local No. 479 representing the C ity of A pple Valley’s maintenance employees
has voted to enter into a two-year agreement with the C ity. C onsistent with our discussion in
closed session, the proposed contract is attached. T he major changes are summarized as
follows:
Duration
2 Years: J anuary 1, 2020 – December 31, 2021
Wages
2020: 3.00% increase effective December 21, 2019
2021: 3.00% increase effective December 19, 2020
City Insurance C ontribution
T he maximum C ity contribution to group health benefits for 2020 is the same amount as has
been approved for unrepresented employees. T his item is a re-opener for 2021.
Bereavement Leave
Aunt-in-law and uncle-in-law are added to the definition of immediate family.
Callback
Language is clarified regarding callback and notifications to report for snowplowing
operations.
B AC K G RO UND :
Staff and representatives of A FS C ME Local No. 479 representing the C ity's maintenance
employees 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
2020-2021 AFSCME Contract 1 City of Apple Valley
LABOR AGREEMENT
CITY OF APPLE VALLEY
AND
AFSCME COUNCIL 5, LOCAL NO. 479
2020 - 2021
2020-2021 AFSCME Contract 2 City of Apple Valley
TABLE OF CONTENTS
ARTICLE PAGE
1 Purpose of Agreement ................................................................. 1
2 Recognition ................................................................. 1
3 Employer Authority ................................................................. 1
4 Union Security ................................................................. 1
5 Definitions ................................................................. 2
6 Right of Subcontracting ................................................................. 2
7 Legal Defense ................................................................. 3
8 Safety ................................................................. 3
9 Probationary Periods ................................................................. 3
10 Discipline ................................................................. 3
11 Job Posting ................................................................. 3
12 Employee Rights - Grievance Procedure ...................................... 4
13 Seniority ................................................................. 5
14 Insurance ................................................................. 6
15 Injury on Duty ................................................................. 6
16 Holidays ................................................................. 6
17 Annual Leave ................................................................. 7
18 Unpaid Leaves of Absence .............................................................. 8
19 Bereavement Leave ............................................................... 8
20 Uniforms ................................................................. 8
21 Rest and Meal Breaks ................................................................. 8
22 Work Schedules ................................................................. 8
23 Overtime Pay ................................................................. 9
24 Call Back ............................................................... 10
25 Working Out of Classification ........................................................ 10
26 Wage Schedule ............................................................... 10
27 Specialty Stipend ............................................................... 10
28 Wellness Compensation ............................................................... 11
29 Utilities Division On Call Duty ........................................................ 11
30 Non-Discrimination ............................................................... 12
31 Savings Clause ............................................................... 12
32 Waiver ............................................................... 12
33 Duration ............................................................... 13
34 Health Care Savings Plan .............................................................. 13
Signatures ............................................................... 14
Appendix "A" – Wages ............................................................... 15
Appendix "B" – Actual Holidays ..................................................... 17
2020-2021 AFSCME Contract 1 City of Apple Valley
LABOR AGREEMENT
BETWEEN
THE CITY OF APPLE VALLEY
AND
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, COUNCIL NO. 5, LOCAL 479
ARTICLE 1
PURPOSE OF AGREEMENT
1.1 This Agreement is entered into between the City of Apple Valley, hereinafter called the Employer, and
Council No. 5, Local 479, of the American Federation of State, County and Municipal Employees,
hereinafter called the Union.
1.2 The intent and purpose of this Agreement is to:
A. Establish certain hours, wages and other conditions of employment;
B. Establish procedures for the resolution of disputes concerning this Agreement's interpretation
and/or application;
C. Specify the full and complete understanding of the parties; and
D. Place in written form the parties' agreement upon terms and conditions of employment for the
duration of this Agreement.
ARTICLE 2
RECOGNITION
2.1 The employer recognizes the union as the exclusive representative, for: "All maintenance employees of
the City of Apple Valley, Minnesota, who are public employees within the meaning of Minn. Stat. 179A.03,
subd. 14, excluding supervisory, confidential, and all other employees."
ARTICLE 3
EMPLOYER AUTHORITY
3.1 The employer retains the full and unrestricted right to operate and manage all manpower, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structure; to select, direct and determine the
number of personnel; to establish work schedules; and to perform any inherent managerial function not
specifically limited by this Agreement.
3.2 Any term and condition of employment not specifically established or modified by this Agreement shall
remain solely within the discretion of the employer to modify, establish, or eliminate.
ARTICLE 4
UNION SECURITY
4.1 In recognition of the union as the exclusive representative, the employer shall:
A. Deduct the first two payroll periods each month an amount sufficient to provide the payment of dues
established by the union from the wages of all employees authorizing in writing such deduction.
B. Remit such deduction to the appropriate designated officer of the union within thirty (30) days
following the deduction.
4.2 The union may designate certain employees from the bargaining unit to act as stewards and shall inform
the employer in writing of such choice.
4.3 The union agrees to indemnify and hold the employer harmless against any and all claims, suits, orders, or
judgments brought against the City as a result of any action taken or not taken by the City under the
provisions of this Article.
4.4 The employer shall furnish space on and maintain bulletin boards which may be used by the union for the
posting of official notices and bulletins.
2020-2021 AFSCME Contract 2 City of Apple Valley
ARTICLE 5
DEFINITIONS
5.1 Union: Local 479, Council 5, American Federation of State, County, and Municipal Employees.
5.2 Employer: The City of Apple Valley, Minnesota.
5.3 Union Member: A member of Local 479, Council 5, American Federation of State, County, and Municipal
Employees.
5.4 Employee: A member of the exclusively recognized bargaining unit.
5.5 Base Pay Rate: The employee's hourly pay rate exclusive of longevity or any other special allowance.
5.6 Seniority: Length of continuous service in a position covered by Article II - Recognition and as defined in
accordance with 5.10 and 5.11, excluding those positions defined by 5.12 and 5.13. Employees who are
promoted from a position covered by this Agreement and return to a position covered by this Agreement
shall have their seniority calculated based on total length of service in a position represented by this
bargaining unit for purposes of promotion, transfer, and layoff. Total length of service with the City shall be
relevant only for annual leave benefit calculations.
5.7 Overtime: Work performed at the express authorization of the employer in excess of the employee's
scheduled shift within a 24 hour period (except for shift changes) or more than 40 hours within a 7 day
period (except for shift changes).
5.8 Call Back: Return of an employee to a specified work site to perform assigned duties at the express
authorization of the employer at a time other than a scheduled shift. An extension of or early report to a
scheduled shift is not a call back.
5.9 Immediate Family: Shall mean the following kin of the employee: spouse, parent (including stepparent
or legal guardian), child (including stepchild/foster child), sibling (including stepsibling), grandparent,
grandchild, aunt/uncle, parent-in-law, grandparent-in-law, brother/sister-in-law, and son/daughter-in-law.
5.10 Full-Time Employee: An employee whose hours in a calendar year meet the hour requirements of Article
22.5 of this Agreement. Full-time employees shall earn benefits at the rates specified in Articles 14.1,
16.1, 17.1, and 19.1 of this Agreement. Deductions shall occur related to any unpaid leaves of absence.
5.11 Part-Time Employee: An employee who works in a position having a normal work week of at least 14 but
less than 40 hours.
5.12 Seasonal Employee: An employee who works in a position that is reasonably expected to be of a
duration of more than 67 working days (100 working days for students), but for a total duration of 7 months
or less.
5.13 Temporary Employee: Any employee not included within the definitions of Articles 5.10, 5.11 and 5.12.
5.14 Prorata Benefits: Part-time employees shall earn benefits that are pro rata of the amounts earned by full-
time employees. For administration purposes, 50% of the benefits shall be earned during the year with the
difference (plus or minus) to be adjusted at the end of the year or if termination occurs. Seasonal and
temporary employees shall not earn benefits.
5.15 Regular Shift: A regularly scheduled recurring daily period of work with a fixed starting and ending time,
exclusive of overtime work.
ARTICLE 6
RIGHT OF SUBCONTRACTING
6.1 Nothing in this Agreement shall prohibit or restrict the right of the employer from subcontracting work
performed by employees covered by this Agreement.
2020-2021 AFSCME Contract 3 City of Apple Valley
ARTICLE 7
LEGAL DEFENSE
7.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as
a result of employee judgmental decision may not receive legal defense by the municipality.
7.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from
acts performed within the scope of the employee's employment, when such act is performed in good faith
and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees
and court costs actually incurred by such employee in defending against such charge.
ARTICLE 8
SAFETY
8.1 The employer and the union agree to jointly promote safe and healthful working conditions, to cooperate in
safety matters and to encourage employees to work in a safe manner.
ARTICLE 9
PROBATIONARY PERIODS
9.1 All newly hired or rehired employees will serve a 12 month probationary period.
9.2 All employees will serve a 6 month probationary period in any job classification in which the employee has
not served a probationary period.
9.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the
sole discretion of the employer.
9.4 At any time during the probationary period a promoted employee may be demoted to the employee's
previous position at the sole discretion of the employer.
ARTICLE 10
DISCIPLINE
10.1 The employer will discipline employees for just cause only. Suspensions and discharges will be in written
form.
10.2 Upon an employee’s request, an employee may have union representation at a meeting in which an
employee is formally questioned during an investigation into conduct which may lead to disciplinary
action. Union representatives will be whoever is most readily available from among those designated by
the Union as union stewards, a local union officer, or the business representative.
ARTICLE 11
JOB POSTING
11.1 The employer and the union agree that permanent job vacancies within the designated bargaining unit
shall be filled based on the concept of promotion from within provided that applicants:
A. have the necessary qualifications to meet the standards of the job vacancy; and
B. have the ability to perform the duties and responsibilities of the job vacancy.
11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions
of Article IX (Probationary Period).
11.3 The employer has the right of final decision in the selection of employees to fill posted jobs based on
qualifications, abilities and experience.
11.4 Job vacancies within the designated bargaining unit will be posted open only to current full-time bargaining
unit members for a minimum of five (5) working days so that members of the bargaining unit can be
considered for such vacancies. Job vacancies may be posted and advertised externally if an internal
candidate is not selected.
2020-2021 AFSCME Contract 4 City of Apple Valley
ARTICLE 12
EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
12.1 Definition of a Grievance: A grievance is defined as a dispute or disagreement as to the interpretation or
application of the specific terms and conditions of this Agreement.
12.2 Union Representatives: The employer will recognize representatives designated by the union as the
grievance representatives of the bargaining unit having the duties and responsibilities established by this
Article. The union shall notify the employer in writing of the names of such union representatives and of
their successors when so designated.
12.3 Processing of A Grievance: It is recognized and accepted by the union and the employer that the
processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normal working hours only when consistent with
such employee duties and responsibilities. The aggrieved employee and the union representative shall be
allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented
to the employer during normal working hours provided the employee and the union representative have
notified and received the approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work programs of the employer.
12.4 Procedure: Grievances, as defined by Section 12.1 shall be resolved in conformance with the following
procedure:
Step 1: An employee claiming a violation concerning the interpretation or application of this Agreement
shall, within 15 calendar days after the alleged violation has occurred or the employee knew or should
have known the alleged violation has occurred, present such grievance to the employee's supervisor as
designated by the employer. The employer-designated representative will discuss and give an answer to
such Step 1 grievance within 10 calendar days after receipt. Any grievance not appealed in writing to Step
2 by the union within 10 calendar days shall be considered waived.
Step 2: A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth
the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement
allegedly violated, and the remedy requested and shall be appealed to Step 2 within 10 calendar days
after the employer-designated representative's final answer in Step 1. If appealed, the written grievance
shall be presented by the union and discussed with the employer-designated Step 2 representative. The
employer-designated representative shall give the union the employer's Step 2 answer in writing within 10
calendar days after receipt of such Step 2 grievance. Any grievance not appealed in writing to Step 3 by
the union within 10 calendar days shall be considered waived.
Step 3: A grievance not resolved in Step 2 may be appealed to Step 3 within 10 calendar days following
the employer designated representative's final Step 2 answer. If appealed, the written grievance shall be
presented by the union and discussed with the employer designated Step 3 representative. The employer
designated representative shall give the union the employer's answer in writing within 10 calendar days
after receipt of such Step 3 grievance. Any grievance not appealed in writing to Step 4 by the union within
10 calendar days shall be considered waived.
Step 4: A grievance not resolved in Step 3 may be appealed to Step 4 within 10 calendar days following
the employer designated representative's final answer in Step 3. A grievance unresolved in Step 3 and
appealed to Step 4 shall be submitted to arbitration subject to the current provisions of the Public
Employment Labor Relations Act. The selection of one neutral arbitrator shall be made from a list of 5
arbitrators provided by the Bureau of Mediation Services (BMS). The union and employer shall each
strike 2 arbitrators from the list submitted by BMS.
12.5 Arbitrator's Authority:
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the
terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s)
submitted in writing by the employer and the union, and shall have no authority to make a decision on any
other issue not so submitted.
2020-2021 AFSCME Contract 5 City of Apple Valley
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or
modifying or varying in any way the application of laws, rules, or regulations having the force and effect of
law. The arbitrator's decision shall be submitted in writing within 30 days following the close of the hearing
or the submission of briefs by the parties, whichever be the later, unless the parties agree to an extension.
The decision shall be binding on both the employer and the union and shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the
employer and the union provided that each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause
such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the
proceedings, the cost shall be shared equally.
12.6 Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered
"waived". If a grievance is not appealed to the next step within the specified time limit or any agreed
extension thereof, it shall be considered settled on the basis of the employer's last answer. If the employer
does not answer a grievance or an appeal thereof within the specified time limits, the union may elect to
treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time
limit in each step may be extended by mutual agreement of the employer and the union.
12.7 Choice of Remedy: If, as a result of the employer response in Step 3, the grievance remains unresolved,
and if the grievance involves the suspension, demotion, or discharge of an employee who has completed
the required probationary period, the grievance may be appealed either to Step 4 of Article XII or a
procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any
procedure other than Step 4 of Article XII, the grievance is not subject to the arbitration procedure as
provided in Step 4 of Article XII. The aggrieved employee shall indicate in writing which procedure is to be
utilized, Step 4 of Article XII or another appeal procedure, and shall sign a statement to the effect that the
choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through
Step 4 of Article XII.
Except that with respect to statutes under the jurisdiction of the United States Equal Employment
Opportunity Commission, an employee pursuing a statutory remedy is not precluded from also pursuing
an appeal under this grievance procedure. If Equal Employment Opportunity Commission v. Board of
Governors is overruled, this paragraph will be null and void and shall be deleted.
ARTICLE 13
SENIORITY
13.1 Seniority will be the determining criterion for transfers and promotions only when all job-relevant
qualification factors are equal.
13.2 In the event of a layoff, the least senior employee in the category in which the discontinuance of position
occurs shall be laid off first. For purposes of layoff the following categories shall be utilized: working
foreman; technical specialist/fleet mechanic; licensed utility worker; and general maintenance. If the
discontinuance of a position in the category of working foreman, technical specialist/fleet mechanic, or
licensed utility worker results in the layoff of an employee with more seniority than the least senior
employee in the general maintenance category, that employee may bump the least senior general
maintenance worker. The City reserves the right to reassign any employee to fill the position vacated by
the layoff, as long as such reassignment does not result in a loss of pay or benefits.
13.3 Seniority will be the determining criterion for recall only when all job-relevant qualification factors are equal.
Recall rights under this provision will continue for 12 months after layoff. Recalled employees shall have
10 working days after notification of recall by certified mail at the employee's last known address to report
to work or forfeit all recall rights.
2020-2021 AFSCME Contract 6 City of Apple Valley
ARTICLE 14
INSURANCE
14.1 The employer will contribute up to a maximum of $950 per month toward employer-sponsored health,
dental, and life insurance in 2020 for an employee enrolled in the copay health plan option.
The employer will contribute up to a maximum of $1,365 per month toward employer-sponsored health,
dental, and life insurance in 2020 for an employee enrolled in a high deductible health plan option, plus an
additional $80 per month to the enrolled employee’s HRA or HSA account.
For 2021, this section shall be subject to a contract re-opener.
14.2 Any costs beyond the amounts payable by the employer in Article 14.1 and 14.3 shall be paid by the
employee via payroll deduction except as provided elsewhere in this agreement. Dependent and part-time
employee insurance coverage and their availability shall be subject to the terms of the employer's group
policy or policies.
14.3 An employee who selects single health plan coverage shall receive a payment based on the difference
between the employer's maximum contribution for Insurance and the cost of the employee’s insurance
program as described below. The payment shall be made as taxable income unless directed elsewhere
as according to law.
a. If the monthly difference is less than $30.00, there shall be no payment.
b. If the monthly difference is between $30.00 and $59.99, the payment shall be $30.00 per month.
c. If the monthly difference is $60.00 or more, the payment shall be $60.00 per month.
14.4 If the City offers a long-term disability plan paid for by the City, employees shall, subject to applicable
provisions of the IRS Code, pay the tax on the premium for the long-term disability plan.
ARTICLE 15
INJURY ON DUTY
15.1 An employee, who is, in the ordinary course of employment, while acting in a reasonable and prudent
manner and in compliance with established rules and procedures of the employer, injured during the
performance of the employee's duties and thereby unable to work, shall be paid the difference between
the employee's regular pay and the Workers' Compensation insurance payments for a period not to
exceed 720 scheduled working hours per injury, not charged to the employee's leave or other
accumulated paid benefits, after a 24 scheduled working hour initial waiting period per injury. The 24 hour
scheduled working hour waiting period shall be charged to the employee's leave account less Workers'
Compensation insurance payments, if any, for said 24 scheduled working hour period. Any injury that
does not result in compensation under the Workers' Compensation law shall not be compensable under
this Article.
ARTICLE 16
HOLIDAYS
16.1 Full-time employees shall receive the following paid holidays: New Year's Day, Martin Luther King, Jr.
Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving, Day
after Thanksgiving, Christmas Day, Christmas Floater (December 23 if December 25 is a Saturday or
Sunday, December 24 if December 25 is a Tuesday, Wednesday or Friday, or December 26 if December
25 is a Monday or Thursday).
16.2 Whenever any of the above holidays fall on a Sunday, the following day shall be designated as the
holiday.
16.3 Whenever any of the above holidays fall on a Saturday, the preceding day shall be designated as the
holiday.
16.4 Any shift which commences on a holiday, for purposes of this clause, shall be considered as having
entirely occurred on the holiday. All scheduled hours worked on holidays shall be compensated as
overtime.
2020-2021 AFSCME Contract 7 City of Apple Valley
16.5 Full-time employees shall receive one paid Personal Floating Holiday per calendar year in the amount of 8
hours. The Personal Floating Holiday shall be used in an increment of 8 hours. Any Personal Floating
Holiday not used during the calendar year shall be forfeited.
ARTICLE 17
ANNUAL LEAVE
17.1 All bargaining unit employees are eligible to accrue annual leave.
17.2 Eligible employees shall earn annual leave in accordance with the following schedule. An employee's
initial date of employment shall be used to determine the appropriate hours of annual leave to be accrued.
(1) 0-5 years = 4.62 hours per 2 weeks of work (3 weeks annually)
(2) 6-10 years = 6.16 hours per 2 weeks of work (4 weeks annually)
(3) 11-15 years = 7.69 hours per 2 weeks of work (5 weeks annually)
(4) 16-20 years = 8.31 hours per 2 weeks of work (5.4 weeks annually)
(5) 20+ years = 9.23 hours per 2 weeks of work (6 weeks annually)
17.3 Annual leave shall be taken either as planned leave which will be scheduled in advance; or, unplanned
leave which will require notification to the City within a timely manner of the employee's scheduled work
day.
17.4 The City will place into effect a short term disability insurance policy to be effective following 21 calendar
days of continuous absence due to illness or injury. An employee shall be eligible to collect the short term
disability benefit until the employee becomes eligible for long term disability or 6 months following the date
of the qualifying injury or illness, whichever occurs first. The City may request, at any time, that an
employee provide a medical doctor's statement including verification of illness and/or ability to return to
work.
17.5 An employee shall be eligible to continue to receive the City's insurance contribution, in accordance with
Article XIV, toward the purchase of group insurance during the period of time the employee is receiving
short term disability insurance benefits, not to exceed six (6) months from the qualifying date of illness or
injury.
17.6 The City will, upon request, pay the employer contribution amount due to PERA for an employee's
purchase of service credit and salary from an authorized short term disability leave of absence if all of
the following conditions are met:
1) The request is received by the City no later than 120 days after the end of the employee's authorized
short term disability leave of absence; and
2) The employee has returned to full, unrestricted duty actively working a regular full-time schedule with
the City; and
3) The employee provides the City with evidence of payment of the Employee contribution amount due to
PERA.
17.7 Annual leave shall not be earned by an employee for any period during which the employee is not being
paid. An employee shall not be eligible to be compensated for annual leave, or earn additional annual
leave during the time an employee is receiving disability insurance payments.
17.8 Annual leave may not accrue in excess of 800 hours. Any hours in excess of 800 shall be forfeited.
17.9 Planned annual leave may be denied or approval withdrawn when the granting of such planned annual
leave would result in insufficient personnel to carry out necessary functions as deemed appropriate by the
City.
17.10 If use of unplanned leave suggests abuse, the City shall notify the employee of this concern. If such
abuse continues the City may deny future unplanned leave requests. The City may request, at any time,
that an employee provide a medical doctor's statement including verification of illness and/or ability to
return to work.
2020-2021 AFSCME Contract 8 City of Apple Valley
17.11 An employee who has an accrued, unused annual leave balance of 160 or more hours 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.
17.12 An employee who leaves the employment of the City in good standing shall be compensated for all
accrued and unused annual leave at the time of separation of employment.
17.13 An employee shall not be permitted to waive annual leave for the purpose of receiving double pay.
ARTICLE 18
UNPAID LEAVES OF ABSENCE
18.1 Employees may request an unpaid leave of absence from the employer through their immediate
supervisor. Such leaves may be granted at the sole discretion of the employer.
ARTICLE 19
BEREAVEMENT LEAVE
19.1 A full-time employee will be provided up to three (3) days of bereavement leave in the event of a death in
the immediate family. Immediate family is defined as: spouse, parent (including stepparent or legal
guardian), child (including stepchild/foster child), sibling (including stepsibling), grandparent, grandchild,
aunt/uncle, parent-in-law, grandparent-in-law, aunt/uncle-in-law, brother/sister-in-law, and son/daughter-in-
law.
ARTICLE 20
UNIFORMS
20.1 The employer will provide to employees all employer required uniforms.
ARTICLE 21
REST AND MEAL BREAKS
21.1 An employee may take a 30 minute meal period, without pay, at a time which may be determined by the
employer, during any scheduled shift of 8 hours or more. A scheduled shift of 8 hours includes 8 hours
and 30 minutes of clock time. For work during non-scheduled time, an employee may take without pay,
unless it would interfere with emergency type work, a 30 minute meal period after 5 consecutive hours of
work.
21.2 An employee may take a 15 minute rest period, with pay, after having worked at least 2 hours, but not
more than one rest period shall occur each 5 hours. The time and location of rest periods may be
determined by the employer.
ARTICLE 22
WORK SCHEDULES
22.1 The sole authority in work schedules is the employer's. The normal work day for an employee shall be the
employee's scheduled shift. The normal work week shall be 40 hours Monday through Friday.
2020-2021 AFSCME Contract 9 City of Apple Valley
22.2 Service to the public may require the establishment of regular shifts for some employees on a daily,
weekly, seasonal, or annual basis other than their normal work day. The employer will give 7 days
advance notice to the employees affected by the establishment of work days different from the employee's
normal work day. The seven (7) days advance notice may be waived by mutual consent of the employee
and the City.
22.3 In the event that work is required because of unusual circumstances such as, but not limited to, fire, flood,
snow, sleet, pandemic outbreak or breakdown of municipal equipment or facilities, no advance notice
need be given.
22.4 Service to the public may require the establishment of regular work weeks that schedule work on
Saturdays and/or Sundays and/or holidays.
22.5 The number of hours in the normal calendar work year for a full-time employee shall be based on 2080
annual hours. Hours worked on scheduled shifts and hours of compensatory time used, annual leave, and
holiday leave shall collectively comprise the work hours in a calendar year.
ARTICLE 23
OVERTIME PAY
23.1 Hours worked in excess of the employee's scheduled shift within a 24 hour period (except for shift
changes) or more than 40 hours within a 7 day period will be compensated at 1½ times the employee's
regular base pay rate. Any 7 day period commences on a Saturday.
23.2 An employee who is called back to work on any of the following holidays shall be eligible to receive double
time pay for time worked on the actual holiday, not the date the City observes the holiday. The holidays
for which employees will be paid double time are shown on Appendix B of this Agreement.
New Year's Day Veterans' Day
Martin Luther King, Jr. Day Thanksgiving
Presidents' Day Day after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day
23.3 An employee who is called back to work on a Sunday, when that Sunday is not a part of the employee's
regularly scheduled shift, shall be eligible to receive double time pay for time worked on Sunday. If an
employee is regularly scheduled to work on a Sunday in accordance with Article 24, the employee shall
not be eligible for double time pay.
23.4 An employee may request compensatory time be placed in a leave bank in lieu of payment for earned
overtime. Compensatory time shall be earned in accordance with the terms of this Article. The maximum
time allowed to accumulate in an employee's compensatory leave bank shall not exceed 90 hours. An
employee may only carry over 80 hours of compensatory time into the next year. Compensatory time off
shall be scheduled with prior approval of the supervisor. An employee may opt to cash-out all, or a part of,
the employee's compensatory time bank at the employee's current base pay rate by requesting the cash
out at the end of any regular pay period. The maximum time deposited into an employee's compensatory
time bank, exclusive of hours carried forward from the previous year, shall be limited to 160 in total per
calendar year.
23.5 Overtime will be distributed as equally as practicable.
23.6 Overtime refused by employees will, for record purposes under Article 23.5, be considered as unpaid
overtime worked.
23.7 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided,
compounded, or paid twice for the same hours worked.
23.8 Overtime will be calculated to the nearest 15 minutes.
2020-2021 AFSCME Contract 10 City of Apple Valley
ARTICLE 24
CALL BACK
24.1 An employee notified to report to work at a time other than the employee's regular scheduled shift will be
compensated for a minimum of 3 hours pay at 1-1/2 times the employee's base pay rate. An extension or
early report to a scheduled shift does not qualify the employee for the 3 hour minimum. When an
employee has been notified prior to the end of the employee's regular shift that the employee is to report in
early the following day, the employee shall not be considered to have been called back. If the employee
does not receive notice of early report during the employee's regular shift on the day prior, the employee
will be considered to have been called back and will be paid 3 hours at 1-1/2 times the employee's base
pay rate.
24.2 If the employer notifies an employee after the employee’s release from a regular or extension of shift to
report for snowplowing operations the next morning, the employee shall be paid at 1½ times the
employee's regular base pay rate beginning one hour prior to the scheduled report. The employee must
report at the scheduled time. For example, if the scheduled report time is 3:00 a.m., the employee shall be
paid beginning at 2:00 a.m. If the employer notifies an employee prior to the employee’s release from a
regular or extension of shift to report for snowplowing operations, the employee shall not be paid for time
not actually worked prior to the scheduled report.
24.3 If the employer calls an employee at or about 2:00 a.m. to report for snowplowing as soon as possible, the
employee shall be paid at 1½ times the employee's regular base pay rate from the beginning of calling.
24.4 When the employer has called an employee to report early for snowplowing, compensation at 1½ times
the employee's regular base pay rate will continue until the start of the normally scheduled workday. Upon
the start of the normally scheduled workday, the employee will receive their regular straight time pay rate
for the duration of the scheduled shift.
ARTICLE 25
WORKING OUT OF CLASSIFICATION
25.1 Employees assigned by the employer to assume the full responsibilities and authority of a higher job
classification shall receive the salary schedule of the higher classification for the duration of the
assignment.
ARTICLE 26
WAGE SCHEDULE
26.1 Employees shall be paid hourly salaries as listed in Appendix "A" of this Agreement.
ARTICLE 27
SPECIALTY STIPEND
27.1 An employee may be eligible for a stipend of $0.25 per hour for attainment of a specialty license,
certification, or comparable skill set following approval by the employer.
27.2 Payment under this article shall be limited to a maximum of two concurrent approved specialty stipends
per eligible employee.
27.3 Payment under this article is subject to prior approval by the employer and evidence of attainment of the
pre-approved specialty license, certification, or comparable skill set.
27.4 Payment for an approved specialty stipend will be made on a prospective basis only following: 1)
approval by the employer, and 2) receipt of evidence of attainment of the pre-approved specialty
license, certification, or comparable skill set. Payments shall not be retroactive to any date prior to
approval of the stipend by the employer and receipt of evidence of attainment.
27.5 Payment will not be made for any period of time when the approved specialty license, certification, or
comparable skill set is not maintained and in force. An employee receiving a specialty stipend shall
notify the employer immediately upon any lapse, cancellation, or rescission of the approved specialty
license, certification, or comparable skill set.
2020-2021 AFSCME Contract 11 City of Apple Valley
27.6 The employer may, in the case of a specialty license, certification, or comparable skill set which does
not include an expiration date determined by the issuer, approve a specialty stipend for a period of up to
three years from the date of approval.
27.7 The employer will, once annually, provide to the employee a list of the employee's currently approved
specialty stipends and their expiration dates.
27.6 The employer shall have sole discretion to determine the type and number of specialty stipends
approved within each division.
ARTICLE 28
WELLNESS COMPENSATION
28.1 On the first pay check in January, an employee shall receive four hours of pay at the employee's regular
base pay rate for completing an annual dental examination and an annual physical examination
including recommended preventive screenings before the prior December 1 each calendar year.
28.2 In order to be eligible for the compensation under this section, the employee shall provide to the
employer certification that the employee has completed the applicable examinations within the previous
12 months. The certification shall be signed by a qualified healthcare provider appropriate to make such
certification.
28.3 A newly eligible employee under this section shall provide certification to the employer within 90 days
after eligibility. Compensation shall be effective no earlier than the first day of the pay period following
the date certification is received by the employer. If certification is not provided to the employer within 90
days after eligibility, the employee shall not be eligible for compensation under this section until the next
calendar year.
ARTICLE 29
PUBLIC WORKS UTILITIES DIVISION ON-CALL DUTY
29.1 The Public Works Superintendent shall on November 30th of each year determine the number of
employees that meet the qualifications for assignment to on-call duty pursuant to Public Works Policy
2.05, Section D for the following calendar year.
29.2 Based on the number of employees determined eligible, a determination shall be made of the minimum
number of weeks each employee shall be assigned to on-call duty. Adjustments may be made if
qualified employees separate from employment with the City and/or new employees meet the
qualifications in the Policy.
29.3 Beginning with the most senior employee, employees shall select the weeks during which they shall be
assigned on-call duty, provided that:
a. No employee shall select consecutive weeks of on-call duty assignment
b. If employees are required to select four (4) or more weeks, at least one (1) week must be selected
per quarter (January-March, April-June, July-September, October-December)
c. An employee may select more than the minimum number of weeks if they so desire with the consent
of other employees wishing to minimize serving on-call assignments
d. Scheduled assignments shall be distributed among employees to avoid a concentration of on-call
duty assignments involving holidays for less senior employees.
29.4 Once each employee has selected the minimum number of weeks of on-call duty assignment, remaining
weeks shall be assigned one week at a time beginning with the least senior eligible employee and
working up the seniority list until all weeks have been assigned.
29.5 Employees wishing to exchange on-call duty rotations with other eligible employees shall notify the
Public Works Superintendent in writing signed by both employees involved in the exchange a minimum
of one (1) week prior to the start of the rotation.
2020-2021 AFSCME Contract 12 City of Apple Valley
29.6 The City and the Union recognize that unforeseen circumstances that result in the need for immediate
substitution of an employee assigned to on-call duty may occur. In that case, it shall be the
responsibility of the employee assigned to on-call duty to contact another eligible employee to cover
such period of time as the assigned employee is unable to provide on-call coverage. The employee
assigned to on-call duty shall advise the Public Works Superintendent immediately upon the change in
circumstances.
29.7 Employees assigned to an on-call duty rotation for Monday, Tuesday, Wednesday, or Thursday nights
shall receive one and one half (1.5) hours at one and one-half times their current hourly pay rate. If
designated to be on-call for Friday, they shall receive two and one half (2.5) hours at one and one-half
times their current hourly pay rate. If designated to be on-call for Saturday or Sunday, they shall receive
three and one-half (3.5) hours at one and one-half times their current hourly pay rate.
29.8 Employees assigned to on-call duty for holidays as defined by Article 16 shall receive four (4) hours at
one and one-half times their current hourly pay rate.
29.9 For each on-call duty assignment, a maximum of one half (½) of the compensation hours under this article
shall be eligible for conversion to compensatory time.
29.10 Compensation will be provided pursuant to the current AFSCME Labor Agreement when employees
must respond on-site during non-business hours. An incident report will be completed and submitted to
the Public Works Superintendent for each incident requiring an on-site response during non-business
hours.
29.11 No additional compensation is provided for responding to issues that can be resolved by telephone
(e.g., non-critical SCADA alarm acknowledgement or addressing resident questions by telephone)
provided that time spent resolving such issues does not exceed one (1) hour per twenty-four (24) hour
period. The employee shall keep a record of all issues resolved by telephone along with the amount of
time spent on each call. If the time exceeds one (1) hour per twenty-four (24) hour period, one call back
period as defined in the current AFSCME Labor Agreement shall apply.
29.12 If the employee serving on-call duty experiences fatigue as a result of responding to calls for service
which has the potential to create an unsafe working condition for that employee:
a. The Public Works Superintendent shall temporarily assume the on-call duties to allow the employee
adequate rest to recover.
b. The employee’s schedule shall be adjusted to allow for adequate rest if the work leading to the fatigue
occurs between Sunday evening at 10:00 p.m. and Friday morning at 6:30 a.m. and requires them to
rest into the beginning of their next regularly scheduled shift.
c. The employee will not be required to make up these hours or be required to work past the end of their
normal scheduled shift but will be paid for their regular scheduled hours.
ARTICLE 30
NON-DISCRIMINATION
30.1 Neither the employer nor the union will discriminate under the provisions of this Agreement against any
employee on any basis prohibited by law.
ARTICLE 31
SAVINGS CLAUSE
31.1 This Agreement is subject to law. In the event any provision of this Agreement shall be held to be contrary
to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provision shall be voided. All other provisions of this Agreement shall
continue in full force and effect. The voided provision may be renegotiated at the request of either party.
ARTICLE 32
WAIVER
32.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and
conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby
superseded.
2020-2021 AFSCME Contract 13 City of Apple Valley
32.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any terms or condition
of employment not removed by law from bargaining. All agreements and understandings arrived at by the
parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The
employer and the union each voluntarily and unqualifiedly waive the right to meet and negotiate regarding
any and all terms and conditions of employment referred to or covered in this Agreement or with respect to
any term or condition of employment not specifically referred to or covered by this Agreement, even
though such terms or conditions may not have been within the knowledge or contemplation of either or
both of the parties at the time this contract was negotiated or executed.
ARTICLE 33
DURATION
33.1 This Agreement shall be effective at 12.01: A.M. on January 1, 2020 and shall remain in full force and
effect until 12:00 midnight on December 31, 2021.
ARTICLE 34
HEALTH CARE SAVINGS PLAN
34.1 Establishment: The employer shall implement a tax-advantaged Health Care Savings Plan (HCSP),
effective March 1, 2019 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.
34.2 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.
34.3 Participation: Participation in the HCSP shall be mandatory for all employees.
34.4 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.
34.5 Contribution Methodology: Funding of the HCSP shall be in accordance with established contribution
methods:
a) Annual Leave Contributions upon Separation from Employment: An employee, who is eligible to be
compensated for annual leave in accordance with Personnel Policy 5.2 Annual Leave, shall have 25
percent of the employee's accrued, unused annual leave, contributed to the employee’s HCSP
account upon separation from employment.
b) Upon an employee’s death, contributions can no longer be made to the HCSP.
34.6 Contribution Methodology Changes: The intent of the HCSP is for employees to determine 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 the Collective Bargaining 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.
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 state and federal statutes for tax-advantaged medical savings accounts. Contribution
methodology changes and frequency are subject to approval by MSRS.
2020-2021 AFSCME Contract 14 City of Apple Valley
Requested contribution methodology changes, approved by the employer, shall be incorporated into
any subsequent Collective Bargaining Agreement. The newly incorporated contribution methodology
shall be implemented within 30 days following ratification of said Agreement.
34.7 Account Fees: HCSP account fees are established by MSRS and shall be paid from the employee’s
HCSP account.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 23rd day of January, 2020.
FOR THE CITY OF APPLE VALLEY: FOR AFSCME, COUNCIL NO. 5:
Mary Hamann-Roland, Mayor Scott Werner, President
Pamela Gackstetter, City Clerk Ronald Krings, Secretary/Treasurer
M. Thomas Lawell, City Administrator Matthew Schirber, Business Representative
Melissa Haas, Human Resources Manager Nur Nur, Business Representative
APPENDIX "A"
HOURLY WAGE SCHEDULE
SECTION 1
Effective the payroll period beginning December 21, 2019
A (Start) B C D
Working Foreman 26.40 30.01 32.36 34.88
Fleet Mechanic 24.52 28.25 30.60 32.97
Technical Specialist 24.04 27.70 30.01 32.33
Maintenance Worker II 21.75 23.84 26.18 31.63
Maintenance Worker I 20.48 21.75 22.79 24.41
Effective the payroll period beginning December 19, 2020
A (Start) B C D
Working Foreman 27.19 30.91 33.33 35.93
Fleet Mechanic 25.26 29.10 31.52 33.96
Technical Specialist 24.76 28.53 30.91 33.30
Maintenance Worker II 22.40 24.56 26.97 32.58
Maintenance Worker I 21.09 22.40 23.47 25.14
STEP PLACEMENT/ADVANCEMENT
A. Salary changes relate to continuous months of employment. The effective date for an employee's
salary change shall be the anniversary date of employment. The union recognizes that the
employer operates a bi-weekly payroll system and agrees that the effective date for salary changes
for employee anniversaries occurring in the first week of the pay period shall be the first day of that
pay period and that the effective date of salary changes occurring in the second week of the pay
period shall be the first day of the next pay period.
B. Employees shall be placed on a step of the appropriate classification, as determined by the
employer. Thereafter, employees shall be eligible for an additional step increase in accordance
with the pay scale and classification on the employee's anniversary date of employment.
C. 1) If an employee is transferred to a position classification which provides the employee with a
promotion, that employee shall be placed, at a minimum, on the step of the new position
classification which provides the employee with a wage increase, however, the employer reserves
the sole discretion, to place an employee above the step providing the minimum salary increase.
2) If an employee is transferred to a position classification resulting in a reduction of position
classification, that employee shall be placed on the step equivalent to the step held by the
employee in the employee's former position classification.
SECTION 2
Base Pay Rate for Seasonal Employees:
Effective December 21, 2019
Step 1 Step 2 Step 3 Step 4
Seasonal Maintenance I 12.90 13.24 13.67 14.05
Seasonal Maintenance II 14.34 14.73 15.14 15.56
Effective December 19, 2020
Step 1 Step 2 Step 3 Step 4
Seasonal Maintenance I 13.29 13.64 14.08 14.47
Seasonal Maintenance II 14.77 15.17 15.59 16.03
Step 1 of the Seasonal Maintenance I pay scale shall be 63% of Step A of the full-time M-I scale and Step 1
of Seasonal Maintenance II pay scale shall be 70% of Step A of the full-time M-I scale. Seasonal
maintenance employees shall not be entitled to City benefits nor will they be considered to be regular full-
time employees who have finished the probationary period required by Article IX above.
APPENDIX "B" – 2020 Actual Holidays
January February March
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
April May June
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
July August September
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
October November December
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
APPENDIX "B" – 2021 Actual Holidays
January February March
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
April May June
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
July August September
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
October November December
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove 2020-2021 L abor A greement with L E L S L ocal No. 243
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Approve 2020-2021 Labor Agreement with LELS Local No. 243.
S UM M ARY:
LELS Local N o. 243 representing the C ity of Apple Valley’s Police Sergeants has voted to
enter into a two-year agreement with the City. C onsistent with our discussion in closed
session, the proposed contract is attached. T he major changes are summarized as follows:
Duration
2 Years: J anuary 1, 2020 – December 31, 2021
Wages
2020: 3.00% increase effective December 21, 2019
2021: 3.00% increase effective December 19, 2020
Wellness Compensation: 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 C ity contribution to group health benefits for 2020 is the same amount as has
been approved for unrepresented employees. T his item is a re-opener for 2021.
Annual Uniform Allowance / Other C ompensation
Annual uniform allowance is increased by $50 in 2020.
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. 243 representing the C ity's Police Sergeants
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
MASTER
LABOR AGREEMENT
BETWEEN
THE CITY OF APPLE VALLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 243
JANUARY 1, 2020 - DECEMBER 31, 2021
2020 – 2021 L.E.L.S. Local #243 Contract i City of Apple Valley
TABLE OF CONTENTS
(Numerical Order)
ARTICLE TITLE Page
I Purpose of Agreement 1
II Recognition 2
III Definitions 2
IV Employer Authority 4
V Employer Security 4
VI Union Security 4
VII Seniority 5
VIII Reduction in Work Force 5
IX Work Hours 6
X Working Out Of Classification 6
XI Overtime 7
XII Meal Periods and Rest Breaks 8
XIII P.O.S.T. Training 8
XIV Scheduled Training 8
XV Annual Leave 8
XVI Holiday Leave 9
XVII Planned Annual and Holiday Leave Selection 11
XVIII Bereavement Leave 11
XIX Jury Duty Leave 13
XX Military Leave 13
XXI Injured On Duty 13
XXII Insurance 13
XXIII Uniforms 13
XXIV Expense Reimbursement 14
XXV Civil Court 14
XXVI Internal Affairs 14
XXVII Employee Rights - Grievance Procedure 17
XXVIII Drug and Alcohol Testing 19
XXIX Continuing Employment Qualifications 25
XXX Waiver 25
XXXI Savings Clause 25
XXXII Monthly Salaries 26
XXXIII Health Care Savings Plan 27
XXXIV Post-Employment Health Reimbursement Arrangement 28
XXXV Duration 29
XXXVI Resignation 29
XXXVII Wellness 29
Signatures 30
2020 – 2021 L.E.L.S. Local #243 Contract ii City of Apple Valley
TABLE OF CONTENTS
(Alphabetical Order)
ARTICLE Number Page
Annual Leave XV 8
Bereavement Leave XVIII 11
Civil Court XXV 14
Continuing Employment Qualifications XXIX 25
Definitions III 2
Drug and Alcohol Testing XXVIII 19
Duration XXXV 29
Employee Rights - Grievance Procedure XXVII 17
Employer Authority IV 4
Employer Security V 4
Expense Reimbursement XXIV 14
Health Care Savings Plan XXXIII 27
Holiday Leave XVI 9
Injured On Duty XXI 13
Insurance XXII 13
Internal Affairs XXVI 14
Jury Duty Leave XIX 13
Meal Periods and Rest Breaks XII 8
Military Leave XX 13
Monthly Salaries XXXII 26
Overtime XI 7
P.O.S.T. Training XIII 8
Planned Annual and Holiday Leave Selection XVII 11
Post-Employment Health Reimbursement Arrangement XXXIV 28
Purpose of Agreement I 1
Recognition II 2
Reduction in Work Force VIII 5
Resignation XXXVI 29
Savings Clause XXXI 25
Scheduled Training XIV 8
Seniority VII 5
Signatures 30
Uniforms XXIII 13
Union Security VI 4
Waiver XXX 25
Wellness XXXVII 29
Work Hours IX 6
Working Out Of Classification X 7
2020 – 2021 L.E.L.S. Local #243 Contract 1 City of Apple Valley
MASTER
LABOR AGREEMENT
BETWEEN
THE CITY OF APPLE VALLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 243
2020 - 2021
ARTICLE I: 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
the Union, on behalf of the Employees of Local No. 243.
1.2 It is the intent and purpose of this Agreement to:
A. Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted
operations with the highest level of performance possible;
B. Establish procedures for the orderly resolution of disputes concerning this Agreement's
interpretation and application; and,
C. Place in written form the parties' agreement upon terms and conditions of employment
for the duration of this Agreement.
2020 – 2021 L.E.L.S. Local #243 Contract 2 City of Apple Valley
ARTICLE II: RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes,
for all essential Employees subject to licensure under sections 626.84 to 626.855 with the rank
of Sergeant, employed by the City of Apple Valley, Minnesota, who are public Employees
within the meaning of Minnesota Statute 179A.03, subdivision 14, excluding 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 III: DEFINITIONS
3.1 Authorized Leave: All leave approved by the Employer, including annual leave, holiday
leave, emergency leave, jury leave, military leave, and compensatory time.
3.2 Break in Service: An interruption within a job classification resulting from the acceptance of
a position, not covered by this Agreement, with the Apple Valley Police Department or the
City of Apple Valley; the separation from employment with the City of Apple Valley; or the
utilization or implementation of more than six (6) months continuous uncompensated leave.
3.3 Chief: The Police Chief of the Apple Valley Police Department.
3.4 Commissioner: The Commissioner of Minnesota's Department of Health.
3.5 Confirmatory Test and Confirmatory Re-test: A drug or alcohol test that uses a method of
analysis approved by the Commissioner as being reliable for providing specific data as to the
drugs, alcohol, or their metabolites detected in an initial screening test.
3.6 Department: The Apple Valley Police Department.
3.7 Drug: A controlled substance as defined in Minnesota Statute §152.01, subdivision 4.
3.8 Drug and Alcohol Testing: The analysis of a body component sample approved by the
Commissioner, including blood, breath, and urine, for the purpose of measuring the presence
or absence of drugs, alcohol, or their metabolites in the sample tested.
3.9 Drug Paraphernalia: Drug paraphernalia has the meaning set forth in Minnesota Statutes.
3.10 Eligibility for Benefits: Eligibility for benefits shall be determined by Employer-selected
insurance contracts. Full-time Employees working the contractual averaged week in a calendar
year shall receive benefits as listed in this Agreement.
3.11 Employee: A member of the exclusively recognized bargaining unit, Local No. 243.
3.12 Employee’s Base Pay Rate: Regular earning rate per hour determined by multiplying the
current monthly salary by twelve (12) months and dividing the result by two thousand eighty
(2080) hours.
3.13 Employer: The City of Apple Valley.
2020 – 2021 L.E.L.S. Local #243 Contract 3 City of Apple Valley
3.14 Grievance: A dispute or disagreement as to the interpretation or application of the specific
terms and conditions of this Agreement.
3.15 Immediate Family: An Employee’s spouse, parent (including step-parent or legal guardian),
child (including step-child or foster child), sibling (including step-sibling), grandparent,
grandchild, aunt or uncle, parent-in-law, grandparent-in-law, brother or sister-in-law, and son
or daughter-in-law.
3.16 Initial Screening Test: A drug or alcohol test which uses a method of analysis approved by
the Commissioner as being capable of providing data as to the general classes of drugs, alcohol,
or their metabolites.
3.17 Negotiation Committee: Two Employees designated by the exclusively recognized
bargaining unit, Local 243, and identified to the Employer in writing, to represent Union
collective bargaining interests.
3.18 Overtime: Work performed at the express authorization of the Employer in excess of the
Employee's scheduled shift(s).
3.19 Positive Test Result: A finding by a laboratory licensed by the State of Minnesota under
Minnesota Statutes of the presence of alcohol, drugs or their metabolites in a sample tested in
levels at or above the threshold detection levels set by the Commissioner.
3.20 Probationary Period: An Employee shall serve a six (6) month probationary period,
commencing on the date of promotion to the rank of Sergeant, or a twelve (12) month
probationary period if the Employee has not previously completed an initial twelve (12) month
probationary period with the Employer.
3.21 Promotion: Any change in job classification, which results in an increase in pay.
3.22 Reasonable Suspicion: A basis for forming a belief based on articulable facts and rational
inferences drawn from those facts.
3.23 Reduction in Work Force: Any non-promotional removal, for any reason, of an Employee
from the Classification of Sergeant, excluding discharge or disciplinary demotion.
3.24 Safety Sensitive Position: A job in which impairment caused by drug or alcohol usage would
threaten the health or safety of any person. All members of Local No. 243 occupy safety-
sensitive positions.
3.25 Scheduled Shift: A continuous work period, including a meal period and rest breaks.
3.26 Split Shift: A non-continuous work period, excluding calls to duty during the Employee’s
scheduled off-duty time.
3.27 Under the Influence: Having the presence of a drug or alcohol at or above the level of a
positive test result.
3.28 Union: Law Enforcement Labor Services, Inc., Local No. 243.
3.29 Union Member: A member of Law Enforcement Labor Services, Inc., Local No. 243.
2020 – 2021 L.E.L.S. Local #243 Contract 4 City of Apple Valley
3.30 Union Representative: An Officer selected by Law Enforcement Labor Services, Inc., Local
No. 243.
3.31 Valid Medical Reason:
A. A written prescription or an oral prescription reduced to writing, which satisfies the
requisites of Minnesota Statute §152.11, and names the Employee as the person for
whose use it is intended;
B. 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 Statute §152.12;
C. The drug was used in accordance with terms of the prescription; or,
D. Over-the-counter medication was used in accordance with terms of the product's
directions.
ARTICLE IV: EMPLOYER AUTHORITY
4.1 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.
4.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the Employer to establish, modify, or
eliminate.
ARTICLE V: EMPLOYER SECURITY
5.1 The Union agrees that during the life of this Agreement, 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 VI: UNION SECURITY
6.1 The Employer shall deduct from the wages of Employees, 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 two (2) Employees from the bargaining unit to act as Union
representatives and shall notify the Employer in writing of the names of such representatives
and of their successors.
6.3 The Employer shall permit use of available electronic information systems for posting Union
notices and announcements 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.
2020 – 2021 L.E.L.S. Local #243 Contract 5 City of Apple Valley
6.4 The Employer shall notify all Employees by electronic mail and post to the Local No. 243
electronic mail address all promotional or job transfer opportunities within the Department for
at least fourteen (14) calendar days, including the day of posting.
6.5 The Union agrees to indemnify and hold harmless the Employer 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 Section 6.1.
ARTICLE VII: SENIORITY
7.1 Departmental Seniority shall be determined by an Employee's total accumulation of service as
a licensed peace officer with the Apple Valley Police Department. Employees shall accumulate
one (1) day of Departmental Seniority for each calendar day of employment up to a maximum
of three hundred sixty-five (365) per year.
7.2 Classification Seniority shall be determined by an Employee’s total accumulation of service
with the Department within the rank of Sergeant. Employees shall accumulate one (1) day of
Classification Seniority for each calendar day within the rank of Sergeant up to a maximum of
three hundred sixty-five (365) per year.
7.3 The Employer shall prepare Classification Seniority and Departmental Seniority lists depicting
Employee dates of promotion and hire respectively. The Employer shall post the current lists
on the Union’s electronic mail address.
7.4 Accumulation of Classification Seniority shall be suspended upon a break in service within the
rank of Sergeant, except pursuant to Article X.
7.5 Accumulation of Classification Seniority upon a break in service of six months or less within
the rank of Sergeant shall be retroactive to the initial date of the break in service.
7.6 Employees accepting a position, not covered by this Agreement, shall retain but not accumulate
Classification Seniority within the rank of Sergeant.
7.7 During the probationary period, a newly hired or re-hired City Employee may be discharged at
the sole discretion of the Employer. During the probationary period, a promoted or re-assigned
Employee may be returned to the Employee's previous position at the sole discretion of the
Employer.
7.8 Employees shall be given shift assignment preference in order of Classification Seniority
within the rank of Sergeant upon completion of the field training process.
ARTICLE VIII: REDUCTION OF WORK FORCE
8.1 A reduction in the Sergeants’ work force shall be by inverse order of Classification Seniority.
8.2 Recall from a reduction in the Sergeant’s work force shall be by Classification Seniority within
the Classification of Sergeant in inverse order of the reduction.
2020 – 2021 L.E.L.S. Local #243 Contract 6 City of Apple Valley
8.3 The Employer shall not promote an Employee without Classification Seniority within the rank
of Sergeant prior to reinstatement of Employees reduced in rank due to a reduction in the
Sergeant’s work force.
8.4 An Employee reduced in rank shall be assigned to the Classification of Police Officer; subject
to the terms of the Labor Agreement between the City of Apple Valley and Law Enforcement
Labor Services, Inc. Local 71 applying to the Classification of Police Officer.
ARTICLE IX: WORK HOURS
9.1 Employees shall be scheduled based on a twenty-eight (28) calendar day period in accordance
with the 7(k) exemption under the Fair Labor Standards Act (F.L.S.A.).
9.2 The normal work year shall be based on an averaged forty (40) hour work week and shall be
accounted for by each Employee through:
A. Scheduled shifts;
B. Scheduled training; and
C. Authorized leave.
9.3 Split shifts shall not be scheduled except by mutual agreement of the Employer and the affected
Employee.
9.4 Voluntary shift switching may be arranged between Employees, with Employer approval,
provided such switching is not used as the basis for a claim for overtime.
9.5 Employees shall be scheduled with no less than eight (8) hours scheduled off-time between any
two (2) adjacent work periods. Employees will be compensated at one and one-half (1½) times
the Employee's base pay rate for hours worked with less than eight (8) hours scheduled off-
time. Off-time between two adjacent work periods shall be calculated from the scheduled off-
duty time of any work period to the scheduled on-duty time of the Employee’s next consecutive
work period.
Employees may be scheduled with less than eight (8) hours scheduled off-time between any
two (2) adjacent work periods during emergency operations. Employees shall not be eligible
for compensation at one and one-half (1½) the Employee’s base pay for hours worked with less
than eight (8) hours scheduled off-time during emergency operations. The Chief of Police or
designee shall notify the Union of the commencement and the termination of emergency
operations scheduling, as soon as practical.
ARTICLE X: WORKING OUT OF CLASSIFICATION
10.1 Employees assigned by the Employer to assume the full responsibilities and authority of a
higher job classification shall be subject to the position’s F.L.S.A. exemption status and receive
the salary of the higher classification for the duration of the assignment.
2020 – 2021 L.E.L.S. Local #243 Contract 7 City of Apple Valley
ARTICLE XI: OVERTIME
11.1 An Employee will be compensated at one and one-half (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 fewer than seven (7) days advance
notice is provided to an Employee of the change of the Employee's schedule.
11.2 Overtime will be distributed as equally as practicable.
11.3 For the purpose of computing overtime compensation, overtime hours worked shall not be
pyramided, compounded, or paid twice for the same hours worked.
11.4 Overtime will be calculated to the nearest twelve (12) minutes.
11.5 Employees have the obligation to report to work if requested by the Employer unless unusual
circumstances prevent the Employee from so working.
11.6 An Employee ordered to court during the Employee's scheduled off-duty time shall receive a
minimum of three (3) hours pay at one and one-half (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 does not qualify the
Employee for the three (3) hour minimum.
11.7 An Employee called to duty during the Employee's scheduled off-duty time shall receive a
minimum of three (3) hours pay at one and one-half (1½) times the Employee's base pay rate.
An extension or early report to a scheduled shift does not qualify the Employee for the three
(3) hour minimum.
11.8 An Employee called to duty for the purposes of training during the Employee's scheduled off-
duty time shall receive a minimum of three (3) hours pay at one and one-half (1½) times the
Employee's base pay rate if fewer than seven (7) days advance notice is given to an Employee
of the change of the Employee's schedule.
11.9 An Employee may request that each hour of time eligible for overtime under this Agreement,
in lieu of payment, be accumulated as compensatory time at the rate of one and one-half (1½)
hours for each eligible hour, provided that the maximum compensatory time account for each
Employee shall not exceed the threshold set forth in Article 34.5(A). An Employee may carry
compensatory time from year to year. Employees may, at their discretion, cash-out all, or part
of the Employee's compensatory time account at any time throughout the year at the
Employee's current base pay rate.
11.10 Non-Employer funded overtime shall be exempt from compensatory time accumulation. The
Employer shall exclusively compensate Employees at one and one-half (1½) times the
Employee’s base pay rate for each hour of Non-Employer funded overtime. The Employer and
the Union, by agreement, may waive the compensatory time exemption. Employee
participation in such overtime shall be voluntary.
2020 – 2021 L.E.L.S. Local #243 Contract 8 City of Apple Valley
ARTICLE XII: MEAL PERIODS AND REST BREAKS
12.1 While on duty, an Employee is permitted one (1) meal period and two (2) rest breaks. The meal
period shall not exceed thirty (30) minutes and each rest break shall not exceed fifteen (15)
minutes.
12.2 An Employee shall remain on continuous duty and be available for immediate call during meal
periods and rest breaks.
ARTICLE XIII: P.O.S.T. TRAINING
13.1 The Employer will provide licensed Employees, as defined by Minnesota Statute, with a
minimum of forty-eight (48) hours of Peace Officer Standards and Training (P.O.S.T.) Board
approved continuing education, including continuing education mandated by applicable
regulatory bodies, during each three-year licensing renewal period.
13.2 The Employer shall pay each Employee's regular salary while attending such Employer-
approved continuing education courses.
13.3 The Employer shall pay the Employee’s license fees required by the P.O.S.T. Board up to one
hundred fifty (150) dollars.
ARTICLE XIV: SCHEDULED TRAINING
14.1 Training hours may be scheduled in lieu of the Employee's scheduled shift. Should the hours
of scheduled training and approved travel time be less than the hours of a normal shift, the
difference may be rescheduled by the Employer or, at the Employee’s option, deducted from
the Employee’s compensatory time, annual leave, or holiday time.
14.2 An Employee scheduled for training, with more than seven (7) days advance notice, during the
Employee's scheduled off-duty time shall receive a minimum of three and one half (3½) hours
pay at the Employee's base pay rate.
14.3 An Employee may schedule a day off in exchange for a training day worked during the applicable
bid period. No changes in the agreement shall result in overtime in accordance with the 7(k)
exemption under the Fair Labor Standards Act (F.L.S.A.).
ARTICLE XV: ANNUAL LEAVE
15.1 All Employees shall be covered under the annual leave provision of this Agreement.
15.2 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.
A. 0 - 5 years 4.62 hours per 2 weeks of work (3 weeks annually)
B. 6 - 10 years 6.16 hours per 2 weeks of work (4 weeks annually)
C. 11 - 15 years 7.69 hours per 2 weeks of work (5 weeks annually)
D. 16 - 20 years 8.31 hours per 2 weeks of work (5.4 weeks annually)
E. 21+ years 9.23 hours per 2 weeks of work (6 weeks annually)
2020 – 2021 L.E.L.S. Local #243 Contract 9 City of Apple Valley
15.3 Annual leave shall be taken either as planned leave, which will be scheduled in advance,
pursuant to Article XVII herein, requiring Employer approval, or unplanned leave which will
require notification of the Employer in a timely manner prior to the Employee's scheduled shift.
An Employee shall not be eligible to use more than double the amount of planned annual leave
earned in a calendar year without prior approval of the City Council.
15.4 An Employee shall not earn annual leave 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.
15.5 Annual leave may not accrue in excess of the threshold set forth in Article 33.5(A). Any hours
in excess of the threshold shall be forfeited.
15.6 If use of unplanned annual leave clearly suggests abuse, the Employer shall notify the
Employee of this concern. The Employer may request at any time, based upon reasonable
suspicion of continued suggested abuse, that an Employee provide a medical doctor’s statement
indicating verification of illness and/or ability to return to work.
15.7 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.
15.8 An Employee who leaves the employment of the Employer in good standing shall be
compensated for all accrued and unused annual leave at the time of separation of employment.
15.9 An Employee shall not be permitted to waive annual leave for the purpose of receiving double
pay.
ARTICLE XVI: HOLIDAY LEAVE
16.1 The Employer determines Employee work schedules without regard for days generally
observed by the Employer as holidays. On January 1 of every year each Employee shall be
credited with ninety-six (96) hours of holiday leave time in a holiday leave account in lieu of
holidays.
2020 – 2021 L.E.L.S. Local #243 Contract 10 City of Apple Valley
16.2 Holiday leave time shall not accumulate from year to year. Up to eighty-eight (88) hours of
holiday leave time remaining in the Employee's holiday leave account on December 31 shall
be cashed-out at the Employee's current base pay rate. Any hours greater than eighty-eight (88)
remaining in the Employee's holiday leave bank on December 31 shall be forfeited.
16.3 Holiday leave for a new Employee, or an Employee leaving employment, shall be appropriately
pro-rated 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
than the appropriate pro-rated amount, the difference shall be deducted from the Employee’s
final paycheck.
16.4 An Employee scheduled to work during any hours of the following eleven (11) dates shall be
paid for each hour actually worked at one and one-half (1½) times the Employee's base pay
rate. References to holidays in this Agreement shall refer to the dates of observance listed
below.
Date Observed
Holiday 2020 2021
New Year's Day January 1 January 1
Martin Luther King Day January 20 January 18
Presidents' Day February 17 February 1815
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
16.5 An Employee called in to work on a holiday, when according to the normally posted schedule
the employee was not scheduled for the holiday, or who has their shift extended on a holiday,
shall be paid for each hour actually worked at two (2) times the Employee’s base pay rate.
An Employee called in to work on a double-time holiday, when according to the normally posted
schedule the employee was not scheduled for the holiday, or who has their shift extended on a
double-time holiday, shall be paid for each hour actually worked at two and one-half (2.5) times
the Employee’s base pay rate.
16.6 An Employee scheduled to work on Independence Day, Thanksgiving, Christmas Eve, or
Christmas Day, shall be compensated at two (2) times the Employee’s base pay rate for each
hour actually worked. Double time payment under this paragraph shall apply to all hours
actually worked during the scheduled shift, if four (4) or more hours of the shift occur on the
holiday.
2020 – 2021 L.E.L.S. Local #243 Contract 11 City of Apple Valley
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 (1½) times the Employee's base pay rate.
ARTICLE XVII: PLANNED ANNUAL AND HOLIDAY LEAVE SELECTION
17.1 All planned leave requests shall be submitted in writing. Planned annual leave may be denied
or approval withdrawn when the granting of such planned leave would result in insufficient
personnel to carry out necessary functions as deemed appropriate by the Employer.
17.2 Planned leave periods of forty (40) hours or more shall be requested at least thirty (30) calendar
days in advance.
17.3 Any planned leave request made at least thirty (30) calendar days in advance, if approved, shall
be granted on the basis of seniority. To comply with this Section, the Employer shall withdraw
approvals previously granted, if necessary, because of a later request from a more senior
Employee.
17.4 Planned leave requests made less than thirty (30) calendar days in advance, if approved, will
be approved on a first come, first served basis.
17.5 Planned leave requests of forty (40) hours or more, made at least thirty (30) calendar days in
advance shall supersede requests of less than forty (40) hours. To comply with this Section, the
Employer shall withdraw approvals previously granted, if necessary. A senior Employee shall
be notified and have one (1) scheduled shift to expand a superseded request to forty (40) hours
or more to preserve the original request.
17.6 Before March 15 of each calendar year Employees shall have the opportunity to reserve, by
seniority, one continuous period of planned leave for the current year.
A. Reservations shall take precedence over all other requests and may only be withdrawn
if no other Employee’s reservation was superseded.
B. Employees may postpone reserving a continuous period of planned leave. A postponed
reservation may be exercised at any time. A postponed reservation shall take
precedence over any subsequent planned leave requests.
17.7 Planned leave requests granted by the Employer under Section 17.4 shall not supersede those
granted under Sections 17.2 and 17.3.
17.8 Employees’ normally scheduled days off shall not be changed to accommodate planned leave
requests made less than seven (7) calendar days in advance except by mutual agreement of the
affected Employee(s). If no agreement is reached, the request for leave shall be denied.
17.9 Employees may post planned leave requests on the Union’s electronic mail address at the
Department.
ARTICLE XVIII: BEREAVEMENT LEAVE
18.1 An Employee shall be allowed up to three (3) days of bereavement leave in the event of a death
in the Employee's immediate family.
2020 – 2021 L.E.L.S. Local #243 Contract 12 City of Apple Valley
18.2 The Employer or Employer’s designee is responsible for approving or denying requests for
bereavement leave. Bereavement leave shall not be charged against an Employee's leave
balance.
ARTICLE XIX: JURY DUTY LEAVE
19.1 Employees shall be granted jury duty leave as provided by Minnesota Statutes.
19.2 Employees shall be granted an amount of compensation, which will equal the difference
between the Employee's regular base pay and per diem compensation received from jury duty.
This shall not include reimbursement for expenses incurred as the result of jury duty.
ARTICLE XX: MILITARY LEAVE
20.1 Employees shall be granted military leave as provided by Minnesota Statutes and Federal Law.
ARTICLE XXI: 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 seven hundred twenty (720) scheduled working
hours per injury, not charged to the Employee's annual leave, holiday leave, compensatory time
balance, 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 XXII: INSURANCE
22.1 The Employer will contribute up to a maximum of nine hundred fifty ($950) per month per
Employee in 2020 toward the cost of Employer selected group health, life, and dental insurance
for full-time Employees enrolled in a Copay Health Plan.
The Employer will contribute up to a maximum of one thousand three hundred sixty five
($1,365) per month per Employee in 2020 toward the cost of Employer selected group health,
life, and dental insurance for full-time Employees enrolled in a High Deductible Health Plan.
Employees enrolled in a High Deductible Health Plan in 2020 will receive an additional $80
per month contribution to the Employee’s HRA or HSA. This incentive is above and in addition
to the regular Employer Contribution amount.
An Employee may request either thirty (30) or sixty (60) dollars per month of the excess
contribution be paid directly to the Employee monthly.
For 2021, this section shall be subject to a contract re-opener.
2020 – 2021 L.E.L.S. Local #243 Contract 13 City of Apple Valley
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 within the City of Apple Valley. Such insurance
shall have limits at least in the amounts of two hundred thousand (200,000) dollars each person,
five hundred thousand (500,000) dollars each occurrence, and seven hundred fifty thousand
(750,000) dollars annual aggregate. The Employer shall provide a copy of the insurance policy
to the Union.
22.3 The Employer will place into effect a short-term disability insurance policy to be effective
following one hundred twenty (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 six (6) months following the date of the qualifying
injury or illness, whichever occurs first. The Employer may request at any time an Employee
provide a medical doctor's statement including verification of illness and/or ability to return to
work.
22.4 An Employee shall be eligible to continue to receive the Employer’s insurance contribution, in
accordance with Article XXII, 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.
22.5 The Employer will, upon request, pay the Employer contribution amount due to Public
Employees Retirement Association (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 Employer 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 Employer; and
3) The Employee provides the Employer with evidence of payment of the Employee
contribution amount due to PERA.
22.6 Employees shall, subject to applicable provisions of the IRS code, pay the tax on their
portion of the premium for the long-term disability plan the City offers.
This section shall not apply to Employees who are members of the bargaining unit prior to
January 1, 2010 and do not currently pay the tax on their portion of the long-term disability
premium.
ARTICLE XXIII: UNIFORMS
23.1 The Employer shall furnish to each new Employee the Employer-required uniform and related
parts. The Employer shall furnish each Employee with soft body armor and replace such armor
at the beginning of the sixth year of wear, at the end of the manufacturer’s warranty period, as
needed due to wear and tear of the soft body armor, or whichever comes first. The 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 the discretion of the Employer.
2020 – 2021 L.E.L.S. Local #243 Contract 14 City of Apple Valley
23.2 The Employer shall pay a uniform allowance to each Employee in the annual amount of one
thousand ($1,000) dollars. An Employee must have successfully completed a twelve (12)
month probationary period with the Employer prior to receiving the uniform allowance benefit
and then shall be eligible for the appropriate pro-rated 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 uniform
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 one
hundred ($100) dollars for the replacement of personal items damaged, destroyed or lost during
the performance of the Employee's duties. An Employee must have successfully completed a
twelve (12) month probationary period with the Employer prior to receiving the uniform
allowance benefit and then shall be eligible for the appropriate pro-rated amount for the
remainder of that calendar year.
23.5 Employees shall return the Employer-issued badges, access card, handgun and magazines,
portable radio, keys, and soft body armor upon separation of employment with the City of
Apple Valley. The Employer requests the return of any other serviceable items.
23.6 Employees shall return Employer-owned, non-uniform equipment upon separation of
employment with the City of Apple Valley.
ARTICLE XXIV: EXPENSE REIMBURSEMENT
24.1 An Employee 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 XXV: CIVIL COURT
25.1 Employees shall be compensated in accordance with Article XII of this Agreement for civil
court proceedings and 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 XXVI: INTERNAL AFFAIRS
26.1 Employee Representation: Employees shall not be questioned concerning an investigation
that could ultimately result in disciplinary action, unless the Employee has been given a
reasonable opportunity to have an attorney or Union representative present.
2020 – 2021 L.E.L.S. Local #243 Contract 15 City of Apple Valley
26.2 Forms of Discipline: The Employer shall discipline Employees for just cause only. Discipline
will be in one or more of the following forms:
A. Oral Reprimand
B. Written Reprimand
C. Suspension
D. Reassignment
E. Demotion
F. Discharge
26.3 Coaching: The Employer may choose to coach an Employee in lieu of discipline.
26.4 Internal Affairs Investigation Timeline: The Employer shall complete Internal Affairs
Investigations within fifty-six (56) calendar days from the date a written complaint is filed with
or by the Employer.
A. The Employer shall have fourteen (14) calendar days from the date the Employer
became aware of an incident to file a written complaint.
B. The Employer may re-open a concluded Internal Affairs Investigation upon discovery
of significant new evidence. A re-opened Internal Affairs Investigation shall be
completed within forty-five (45) calendar days from the date the Employer became
aware of the significant new evidence.
C. The Employer may request in writing an extension of an Internal Affairs Investigation
or a re-opened Internal Affairs Investigation. The Employer’s request for extension
shall state the specific reasons an extension is necessary and an anticipated completion
date. The length of the requested extension shall be directly related to the circumstances
involved.
D. The Union shall not withhold an extension based upon reasonable circumstances. The
Union shall respond to an extension request in writing and state the specific reasons for
an extension denial. The Employer may request additional extensions.
E. The Employer may appeal an extension request denied by the Union.
1. The Employer shall present the written request for extension to the City
Administrator or designee stating the specific reasons an extension is necessary
and an anticipated completion date. The City Administrator or designee shall
grant the Union a reasonable opportunity to oppose the granting of an extension.
2. The City Administrator or designee shall grant, deny, or modify the Employer’s
request for extension.
3. An extension, denied by the Union and subsequently granted by the City
Administrator or designee, shall be subject to Arbitrator review only in a
grievance arbitration of Notices of Oral Reprimand, Written Reprimand,
Suspension, Reassignment, Demotion, and Discharge.
F. In the case of a criminal investigation, there shall be no timeline. The Employer shall
have fourteen (14) calendar days from the conclusion of the criminal process to file a
written complaint.
2020 – 2021 L.E.L.S. Local #243 Contract 16 City of Apple Valley
G. The Employer shall review the Internal Affairs investigative report and notify the
Employee of any action to be taken within seven (7) calendar days of receiving the
completed investigative report. The Chief of Police shall document, in the report, the
date the completed Internal Affairs investigative report was received for review.
26.5 Disciplinary Action Documentation: Notices of Oral Reprimand, Written Reprimand,
Suspension, Reassignment, Demotion, and Discharge will be documented in written form and
will state the reason(s) for the action taken. The Employee shall be provided with a copy of
each such Notice.
26.6 Disciplinary Action Acknowledgement: Notices of Oral Reprimand, Written Reprimand,
Suspension, Reassignment, Demotion, and Discharge that are to become part of an Employee’s
personnel file shall be read and acknowledged by signature of the Employee.
26.7 Disciplinary Action Removal: Notices of Reprimand, Suspension, Reassignment, and
Demotion shall be removed from an Employee's personnel file:
A. Notices of Oral Reprimand shall be removed from an Employee's personnel file within
two (2) years from the date of issue.
B. Notices of Written Reprimand shall be removed from an Employee's personnel file
within two (2) years from the date of issue.
C. Notices of Suspension of less than forty (40) hours shall be removed from an
Employee's personnel file within three (3) years from the date of issue.
D. Notices of Suspension of forty (40) hours or more, Reassignment, and Demotion shall
be removed from an Employee's personnel file within five (5) years from the date of
issue.
E. Notices of Reprimand, Suspension, Reassignment, and Demotion considered in future
disciplinary actions shall be referenced in the future disciplinary action’s
documentation.
F. Notices of Reprimand, Suspension, Reassignment, and Demotion considered in future
disciplinary actions shall not be removed from the Employee’s personnel file prior to
removal of the referencing Notices of Reprimand, Suspension, Reassignment, and
Demotion.
26.8 Transfer to Chief of Police: Notices of Reprimand, Suspension, Reassignment, and Demotion
removed from an Employee's personnel file shall be transferred to and retained by the Chief of
Police.
26.9 Future Disciplinary Action Consideration: Notices of Reprimand, Suspension,
Reassignment, and Demotion retained by the Chief of Police, may be considered in future
disciplinary actions.
26.10 Disciplinary Grievances: Grievances relating to this Article may be initiated by the Union in
Step 2 of the Grievance Procedure. An Employee claiming a violation concerning the
interpretation or application of this Agreement relating to this Article shall, within twenty-one
(21) calendar days after such alleged violation has occurred, present such grievance in writing
to the Chief of Police or designee.
2020 – 2021 L.E.L.S. Local #243 Contract 17 City of Apple Valley
26.11 Personnel File Examination: Employees may examine their individual personnel files at
reasonable times under the direct supervision of the Employer.
ARTICLE XXVII: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
27.1 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.
27.2 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.
27.3 Filing of Grievance: The Union Representative shall file grievances on behalf of Local No.
243.
27.4 Waivers and Extensions: By mutual written agreement, the City and the Union may waive
any step or extend any time limit in the grievance procedure. Such waiver or extension shall
not be unreasonably withheld.
27.5 Grievance Procedure: Grievances shall be resolved in conformance with the following
procedure:
Step 1: An Employee alleging a violation concerning the interpretation or application of this
Agreement shall, within twenty-one (21) calendar days after such alleged violation has
occurred, present such grievance in writing to the Employee's supervisor. The Employee’s
supervisor will discuss and give an answer in writing to such Step 1 grievance within ten (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(s) of the
Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within
ten (10) calendar days after the Employee’s supervisor’s final answer in Step 1. Any grievance
not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered
settled on the basis of the Employer's last answer.
Step 2: If appealed, the written grievance shall be presented by the Union and discussed with
the Chief of Police or designee. The Chief of Police or designee shall give the Union the
Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2
grievance.
2020 – 2021 L.E.L.S. Local #243 Contract 18 City of Apple Valley
A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days
following the Chief of Police’s final Step 2 answer. Any grievance not appealed in writing to
Step 3 by the Union within ten (10) calendar days shall be considered settled on the basis of
the Employer's last answer.
Step 3: If appealed, the written grievance shall be presented by the Union and discussed with
the City Administrator or designee. The City Administrator or designee shall give the Union
the Employer's Step 3 answer in writing within ten (10) calendar days after receipt of such Step
3 grievance.
A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days
following the City Administrator’s final answer in Step 3. Any grievance not appealed in
writing to Step 4 by the Union within ten (10) calendar days shall be considered settled on the
basis of the Employer's last answer.
Step 3A: If a grievance still remains unsettled, the parties may, by mutual agreement, choose
to seek mediation services through the Bureau of Mediation Services or through an
independent, mutually acceptable, mediation service prior to submitting the grievance to
arbitration.
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.
27.6 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.
2020 – 2021 L.E.L.S. Local #243 Contract 19 City of Apple Valley
27.7 Grievance Waiver or Settlement:
A grievance not presented within twenty-one (21) calendar days or any agreed extension
thereof, shall be considered waived. A grievance not appealed to the next step within ten (10)
calendar days or any agreed extension thereof, shall be considered settled on the basis of the
Employer's last answer.
27.8 Treatment of Employer Response:
A grievance or grievance appeal not answered by the Employer within ten (10) calendar days
or any agreed extension thereof, may be appealed to the next step or shall be considered settled
on the basis of the Employer's last answer.
27.9 Choice of Remedy:
A. If, as a result of the written Employer response in Step 3, the grievance remains
discharge of an Employee, who has completed the required probationary unresolved,
and if the grievance involves the suspension, demotion, or period, the grievance may
be appealed either to Step 4 of Article XXVII or a procedure such as: Civil Service,
Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step
4 of Article XXVII, the grievance is not subject to the arbitration procedure as provided
in Step 4 of Article XXVII. The aggrieved Employee shall indicate in writing which
procedure is to be utilized, Step 4 of Article XXVII 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
XXVII.
B. Except with respect to statutes under the jurisdiction of the United States Equal
Employment Opportunity Commission, an Employee pursuing a statutory remedy is
precluded from also pursuing an appeal under this grievance procedure. Should a court
of competent jurisdiction rule contrary to Board of Governors, “EEOC v. Board of
Governors of State Colleges and Universities, 957 F.2d 424 (7th Cir.), cert. Denied, 506
U.S. 906, 113 S. Ct. 299 (1992), or if the Board of Governors is judicially or
legislatively overruled, Section 28.10 (b) shall be deleted from this Agreement.
ARTICLE XXVIII: DRUG AND ALCOHOL TESTING
28.1 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 Employer 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.
28.2 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.
2020 – 2021 L.E.L.S. Local #243 Contract 20 City of Apple Valley
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 seven (7) calendar
days after such conviction. The Employer shall notify the appropriate federal agency of
such conviction within fourteen (14) calendar days of receiving notice from the
Employee.
28.3 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.
28.4 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 28.2 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:
a. On an established target range;
b. While conducting authorized ballistic tests;
c. While engaged in lawful recreational hunting or shooting activities;
d. While shooting an injured animal as part of official duties.
4. Has been involved in a police vehicle pursuit as defined by 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 Statute §176.011,
subdivision 16, or has caused another person to die or sustain a personal injury.
2020 – 2021 L.E.L.S. Local #243 Contract 21 City of Apple Valley
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 one thousand (1,000) dollars 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.
C. Random Testing: Random testing is prohibited.
28.5 Refusal to Undergo Testing:
A. 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.
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 Section 28.5 (b).
28.6 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.
2020 – 2021 L.E.L.S. Local #243 Contract 22 City of Apple Valley
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 or
by a licensed collection service 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 to ensure proper handling.
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: 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 six (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 three (3) calendar days after obtaining a negative
result on the initial screening test or, if the initial test was positive, within three (3)
calendar days after a confirmatory test.
I. Notice of Test Results: Within three (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.
3. The right to submit information to the Employer after notice of a positive test
result to explain that result. The Employer may request the Employee indicate
any prescription or non-prescription medications the Employee is currently
taking, has recently taken, or any other information relevant to the reliability of
or explanation for a positive test result.
2020 – 2021 L.E.L.S. Local #243 Contract 23 City of Apple Valley
4. The right to submit a written notice to the Employer within five (5) working
days after notice of a positive test result, that the Employee intends to obtain a
confirmatory re-test of the original sample at the Employee's own expense at
the original laboratory or another licensed testing laboratory. If a confirmatory
re-test is conducted in accordance with Minnesota Statutes, and the
confirmatory re-test does not result in a positive test result the City shall
reimburse the Employee the actual cost of the confirmatory re-test and 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 within three (3) working days after receipt of the test result.
1. First Positive Test Result:
a. 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:
i. 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
ii. If the Employee refuses to participate in the counseling or
rehabilitation program, the Employer shall suspend the
Employee from employment without pay for five (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
iii. 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.
b. 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.
2020 – 2021 L.E.L.S. Local #243 Contract 24 City of Apple Valley
2. Second Positive Test Result:
a. 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.
b. 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 re-test, 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 re-test 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 Section 28.6 (i)(3) 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.
28.7 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 28.6 (j).
28.8 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:
2020 – 2021 L.E.L.S. Local #243 Contract 25 City of Apple Valley
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.
28.9 Grievances: In the event of an alleged violation of this Article, the Employee may file a
grievance in accordance with Article XXVII, Employee Rights – Grievance Procedure. This
right shall be in accordance with Minn. Stat. § 181.956.
ARTICLE XXIX: CONTINUING EMPLOYMENT QUALIFICATIONS
29.1 An Employee whose Minnesota Board of Peace Officer Standards and Training 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 XXX: WAIVER
30.1 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.
30.2 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 XXXI: SAVINGS CLAUSE
31.1 This Agreement is subject to law. In the event any provision of this Agreement shall be held to
be contrary to law by a court of competent jurisdiction from whose final judgment or decree
no appeal has been taken within the time provided, such provision shall be voided. All other
provisions of this Agreement shall continue in full force and effect. The voided provision may
be re-negotiated at the request of either party.
2020 – 2021 L.E.L.S. Local #243 Contract 26 City of Apple Valley
ARTICLE XXXII: MONTHLY SALARIES
32.1 Employees hired before January 1, 2020 who are subject to Article XXXVII of this
agreement, and all Employees hired on or after January 1, 2020, shall be paid monthly
salaries as follows:
12/21/19 12/19/20
Starting Sergeant $ 8,557 $ 8,814
After 12 months continuous service $ 8,984 $ 9,254
After 24 months continuous service $ 9,307 $ 9,586
32.2 Employees hired on or before January 1, 2020 who made a one-time irrevocable election to
decline wellness requirements under Article XXXVII of this agreement shall be paid monthly
salaries as follows:
12/21/19 12/19/20
Starting Sergeant $ 8,343 $ 8,594
After 12 months continuous service $ 8,759 $ 9,023
After 24 months continuous service $ 9,074 $ 9,346
Pay steps in section 32.2 shall be 97.5% of the same steps in section 32.1.
32.3 In addition to the base pay rate, an Employee assigned by the Employer to the detective unit will
receive an additional 5% of the Employee's current hourly pay rate when assigned. This amount
will be pro-rated for an assignment of less than a full month.
32.4 Salary changes are related to continuous months of service.
A. The effective date for an Employee's salary change shall be the anniversary date of
promotion.
B. The Employer operates a bi-weekly payroll system and the effective date for salary
changes 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.
C. General raises shall become effective at the beginning of the pay period closest to
January 1.
32.5 The Employer shall have the sole authority to determine the appropriate step placement for a
newly hired or promoted Employee.
2020 – 2021 L.E.L.S. Local #243 Contract 27 City of Apple Valley
ARTICLE XXXIII: 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 with less than ten (10) years of Departmental Seniority shall
contribute one-quarter (¼) percent of the Employee’s gross earnings per pay
period.
2. Employees with more than ten (10) years and less than fifteen (15) years of
Departmental Seniority shall contribute one-half (½) percent of the Employee’s
gross earnings per pay period.
3. Employees with more than fifteen (15) years and less than twenty (20) years of
Departmental Seniority shall contribute three-quarters (¾) percent of the
Employee’s gross earnings per pay period.
4. Employees with more than twenty (20) years and less than twenty-five (25)
years of Departmental Seniority shall contribute one (1) percent of the
Employee’s gross earnings per pay period.
2020 – 2021 L.E.L.S. Local #243 Contract 28 City of Apple Valley
5. Employees with more than twenty-five (25) years of Departmental Seniority
shall contribute one and one-quarter (1¼) percent of the Employee’s gross
earnings per pay period.
33.6 Contribution Methodology Changes: The intent of the HCSP is for Employees to determine
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.
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.
33.7 Account Fees: HCSP account fees are established by MSRS and shall be paid from the
Employee’s HCSP account.
ARTICLE XXXIV: 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.).
2020 – 2021 L.E.L.S. Local #243 Contract 29 City of Apple Valley
ARTICLE XXXV: DURATION
35.1 This agreement shall be effective as of January 1, 2020, and shall remain in full force and effect
through December 31, 2021.
ARTICLE XXXVI: RESIGNATION
36.1 An Employee, to resign from employment in good standing, shall provide the Employer with
written notice of resignation at least fourteen (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, holidays, or unpaid
leave to extend employment beyond the last day actually worked. The last day actually worked
will be recorded as the Employee's official 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 by the Employer.
36.2 An Employee, who provides a minimum of six (6) months written notice in advance of
resignation from employment in good standing, shall receive a one-time cash payment in the
amount of one thousand dollars ($1,000) on the Employee’s final pay check. An Employee, who
provides a minimum of three (3) months (but less than six months) written notice in advance of
resignation from employment in good standing, shall receive a one-time cash payment in the
amount of five hundred dollars ($500) on the Employee’s final pay check.
36.3 Good standing constitutes circumstances in which an Employee resigns with advance written
notice as described in this section and works their regular schedule during the notice period.
Discharge for cause shall not be a separation in good standing.
ARTICLE XXXVII: WELLNESS
37.1 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 twelve
(12) months. The certification shall be signed by a qualified healthcare provider appropriate to
make such certification.
37.2 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 sixty (60) days in which to provide the
certifications.
37.3 A newly hired or rehired Employee shall provide the applicable certifications to the Employer
within ninety (90) days after hire.
37.4 An Employee, who is unable to obtain a certification due to an approved leave of absence, shall
provide the certification to the Employer within sixty (60) days after the Employee returns to
work.
2020 – 2021 L.E.L.S. Local #243 Contract 30 City of Apple Valley
37.5 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 fourteen (14) calendar days after the ratification 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 section 32.2 of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the twenty-third (23rd)
day of January, 2020.
FOR LAW ENFORCEMENT LABOR FOR THE CITY OF APPLE VALLEY
SERVICES, INC. LOCAL NO. 243
Peter Matos Mary Hamann-Roland
Representative, Local No. 243 Mayor
Jason Weishaar Pamela Gackstetter
Representative, Local No. 243 City Clerk
Adam Burnside Thomas Lawell
Business Manager, City Administrator
Law Enforcement Labor Services
Melissa Haas
Human Resources Manager
Nicholas Francis
Representative, Police Administration
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove P ay E quity R eport
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Approve the pay equity report and authorize the Mayor and C ity C lerk to sign the
implementation report.
S UM M ARY:
Staff has prepared the attached pay equity report for 2020 (which is based on data as of
December 31, 2019). Following is a summary of the results, indicating the C ity is again in
compliance:
Statistical A nalysis Test - Underpayment Ratio
Required to Pass: 80.00 or higher
City Result: 150.00
Compliance: Y ES
Salary Range Test - Years to Maximum
Required to Pass: 80% or higher
City Result: 85.29%
Compliance: Y ES
Exceptional Service Pay - % Receiving
Required to Pass: 0, O R 80% or higher
City Result: 0
Compliance: Y ES
As required, following approval by the C ity Council, the report data will be submitted to the
Department of Management and Budget by the deadline of J anuary 31, 2020.
B AC K G RO UND :
In 1984 the Minnesota Legislature passed a bill extending pay equity to local governments in
the State. Pay equity is designed to address the problem of a wage structure in which there
is a disparate pay pattern between jobs performed mostly by men and jobs performed mostly
by women. T he law requires each local government to analyze its pay structure for evidence
of gender inequities, and to report this information to the Department of Management and
Budget.
T he C ity has previously reported in 1985, 1992, 1994, 1997, 2000, 2003, 2008, 2011, 2014,
and 2017. T he C ity has been in compliance with pay equity standards each time the report
has been submitted.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R eport
Pay Equity Implementation Report 1/14/2020Print Date:
Part A: Jurisdiction Identification
Jurisdiction:Jurisdiction Type:
Phone:Contact:E-Mail:
Part B: Official Verification
The job evaluation system used measured skill, effort
responsibility and working conditions and the same
system was used for all classes of employees.
1.
The system used was:
Description:
2.Health Insurance benefits for male and female classes of
comparable value have been evaluated and:
Part C: Total Payroll
is the annual payroll for the calendar year just ended
December 31.
3.An official notice has been posted at:
(prominent location)
informing employees that the Pay Equity Implementation
Report has been filed and is available to employees upon
request. A copy of the notice has been sent to each
exclusive representative, if any, and also to the public library.
The report was approved by:
(governing body)
(chief elected official)
(title)
Checking this box indicates the following:
Date Submitted:
- signature of chief elected official
- approval by governing body
- all information is complete and accurate, and
- all employees over which the jurisdiction has final
budgetary authority are included
City of Apple Valley
7100 - 147th Street W
Apple Valley
City
Melissa Haas, HR Manager 952-953-2548 MHaas@ci.apple-valley.mn.us
Consultant's system: Keystone Job Leveling System
(A new system from last submission)
There is no difference and female classes
are not at a disadvantage.
City of Apple Valley Municipal Center
Apple Valley City Council
Mary Hamann-Roland
Mayor
X
01/24/2020
18,855,607
___________________________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_____________________________________________
Pamela J. Gackstetter, City Clerk
Compliance Report
Jurisdiction:
Contact:Phone:
Apple Valley
7100 - 147th Street W.
Apple Valley MN 55124
2020
Case:
Report Year:
1 - 2020 DATA (Private (Jur Only))
Melissa Haas MHaas@ci.apple-valley.mn.us(952) 953-2548 E-Mail:
The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information
from your pay equity report data. Parts II, III and IV give you the test results.
For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports.
I. GENERAL JOB CLASS INFORMATION
Male
Classes
Female
Classes
Balanced
Classes
All Job
Classes
# Job Classes
# Employees
Avg. Max Monthly
Pay per employee
II. STATISTICAL ANALYSIS TEST
A. Underpayment Ratio =
Male
Classes
Female
Classes
a. # At or above Predicted Pay
b. # Below Predicted Pay
c. TOTAL
d. % Below Predicted Pay
(b divided by c = d)
*
*(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.)
B. T-test Results
Degrees of Freedom (DF) = Value of T =
a. Avg. diff. in pay from predicted pay for male jobs =
b. Avg. diff. in pay from predicted pay for female jobs =
III. SALARY RANGE TEST = (Result is A divided by B)
A. Avg. # of years to max salary for male jobs =
B. Avg. # of years to max salary for female jobs =
IV. EXCEPTIONAL SERVICE PAY TEST = (Result is B divided by A)
A. % of male classes receiving ESP *
B. % of female classes receiving ESP
*(If 20% or less, test result will be 0.00)
58 29 11 98
169 49 64 282
5,934.84 5,683.51 5,950.98
150.00
40 23
18 6
58 29
31.03 20.69
216 -8.760
$1
$686
85.29
3.41
4.00
0.00
0.00
0.00
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove P ersonnel R eport
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Approve the personnel report.
S UM M ARY:
T he employment actions attached to this memo are recommended for City Council
Approval.
B AC K G RO UND :
T he C ity C ouncil's approval of the Personnel Report includes the ratification of the C ity
Administrator's actions in carrying out the terms and conditions of the employment of the
City personnel.
B UD G E T I M PAC T:
Budgeted positions.
AT TAC HM E NT S:
Personnel Report
PERSONNEL REPORT
January 23, 2020
City of Apple Valley
Human Resources
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)
Teresa Bowar
Accept
Retirement Department Assistant
Full‐Time,
Regular 1300 8/3/2020
Anthony Charlton Hire Liquor Store Supervisor
Part‐Time,
Regular 5060 $ 17.90 Hourly PT125 1/24/2020
Tim Halverson Hire
Facility Attendant ‐ Ice
Guard/Concessions
Casual,
Variable Hour 5205 $ 10.60 Hourly C‐01 1/11/2020
Sam Levey Rehire
Facility Attendant ‐
Warming House
Casual,
Seasonal 1800 $ 10.80 Hourly C‐01 1/18/2021
Mary Mueller Rehire Elections Assistant
Casual,
Variable Hour 1015 $ 25.00 Hourly C‐10 1/15/2020
John Sole
Accept
Resignation Firefighter
Paid on Call
Volunteer 1300 12/31/2019
Debbie Wessman Rehire Elections Assistant
Casual,
Variable Hour 1015 $ 16.00 Hourly C‐10 1/15/2020
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 1 of 1
I T E M: 4.S .
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:C onsent Agenda
Description:
A pprove Claims and Bills
S taff Contact:
Ron Hedberg, F inance Director
D epartment / D ivision:
F inance Department
AC T I O N RE Q UE S T E D:
Approve claims and bills.
S UM M ARY:
Attached for C ity C ouncil review and approval are check registers for recent claims and
bills.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
Check registers dated J anuary 3, 2020, and J anuary 8, 2020, in the amounts of
$703,719.80 and $904,105.91, respectively.
AT TAC HM E NT S:
C laims and B ills
C laims and B ills
I T E M: 5.A .
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:Regular Agenda
Description:
I ntroduction and O ath of Of f ice of P olice O f f icer Alex W itkowski
S taff Contact:
Captain Greg Dahlstrom
D epartment / D ivision:
P olice Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
T he Police C hief will introduce Officer Alex Witkowski and the C ity C lerk will administer
the oath of office.
B AC K G RO UND :
Officer Witkowski was hired to fill a vacancy and has successfully completed the field
training program.
B UD G E T I M PAC T:
N/A
I T E M: 7.
C O UNC I L ME E T I NG D AT E :J anuary 23, 2020
S E C T I O N:Calendar of Upcoming E vents
Description:
A pprove Calendar of Upcoming Events
S taff Contact:
S tephanie Marschall, Deputy City Clerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve the calendar of upcoming events as listed in the summary below, and noting each
event listed is hereby deemed a Special Meeting of the C ity Council.
S UM M ARY:
Day/Date Time L ocation E v ent
Sat./J an. 18 6:00-8:30 p.m.
Bogart’s
Entertainment
C enter
A pple Valley Arts Foundation
Frozen Apple Concert Series
Mon./J an. 20 C ity Offices Closed Martin Luther King J r. Day
Tue./J an. 21 2:00 p.m.Municipal C enter C emetery Advisory
C ommittee Meeting
Wed./J an. 22 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
T hur./J an. 23 6:00 p.m.Municipal C enter ED A Meeting
T hur./J an. 23 7:00 p.m.Municipal C enter Regular C ity Council Meeting
Fri./J an. 24 6:00-10:00 p.m.Apple Valley Senior
C enter
C ity of Apple Valley
Employee Recognition Event
Sun./J an. 26 1:00-4:00 p.m.American Legion
Post 1776
Rotary C lub of Apple Valley
End Polio Fundraiser
T hur./J an. 30 4:30-6:30 p.m.Augustana C are C hamber Business After
Hours
Sat./Feb. 1 10:00 a.m.-2:00
p.m.
Apple Valley
C ommunity Center /
Hayes Park
A pple Valley Mid-Winter Fest
Sun./Feb. 2 3:00 p.m.
Bogart’s
Entertainment
C enter
Beyond the Yellow Ribbon
C hili C ook-Off
Wed./Feb. 5 7:00 p.m.Municipal C enter Planning C ommission Meeting
T hur./Feb. 6 4:30-6:30 p.m.Rosemount
C ommunity Center
C ounty Road 33 Roundabout
Feasibility Study Open House
Fri./Feb. 7 7:30-9:00 a.m.Eagan C ommunity
C enter
MLC Regional Legislative
Breakfast Meeting
Sun./Feb. 9 12:00 p.m.Fire Station 1 A nnual Firefighters Relief
A ssociation Meeting
T hur./Feb. 13 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting
T hur./Feb. 13 7:00 p.m.Municipal C enter Regular C ity Council Meeting
Sat./Feb. 15 6:00-9:00 p.m.
Bogart’s
Entertainment
C enter
A pple Valley Arts Foundation
Frozen Apple Concert Series
B AC K G RO UND :
Each event is hereby deemed a Special Meeting of the C ity C ouncil, the purpose being
informational or social gathering. Only events marked with an asterisk (*) will any action of
the Council take place.
B UD G E T I M PAC T:
N/A