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HomeMy WebLinkAbout12/22/2015 Meeting �00 0.00 Meeting Location: Municipal Center *00 Apple 7100 147th Street West Valley Apple Valley, Minnesota 55124 December 22, 2015 CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA 7:00 PM 1. Call to Order and Pledge 2. Approve Agenda 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda 4. Approve Consent Agenda Items Consent 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 for consideration. A. Approve Minutes of December 10, 2015, Regular Meeting B. Approve State Gambling Exempt Permit for Minnesota Zoo Foundation, at Minnesota Zoo, 13000 Zoo Boulevard, on February 20, 2016 C. Approve Renewal of Licenses and Permits for 2016 D. Approve Change in Officer and Ownership for Vivo Restaurants, LLC, d/b /a Vivo, 15435 Founders Lane, in Connection with On -Sale Liquor Licenses E. Adopt Resolution Agreeing to Extend Livable Communities Grant of $866,000 to April 2017 F. 2015 / 2016 Budget Amendments 1. Adopt Resolution Committing December 31, 2015, General Fund Balance for 2015 Financial Statement Purposes 2. Adopt Resolution Amending 2016 Budget for Specific Items and Uncompleted 2015 Projects G. Adopt Resolution Approving Changes to Public Works Department Policy Manual H. Approve Sub - Recipient Agreement with Dakota County Community Development Agency (CDA) for FY 2015 Community Development Block Grant (CDBG) I. Approve Reduction of Various Financial Guarantees J. Adopt Resolution Authorizing Submittal of Comprehensive Plan 2030 Land Use Map Amendment to Metropolitan Council for Outlot B, Cobblestone Lake Commercial 3rd Addition K. Approve Assignment and Assumption of License Agreement for Cortland Fourth Addition L. Apple Valley Business Campus Outdoor Storage and Overnight Vehicle and Trailer Parking Conditional Use Permits 1. Adopt Resolution Approving Conditional Use Permit for Outdoor Storage and Overnight Parking of Motor Vehicles and Trailers at 14607 Felton Court 2. Adopt Resolution Approving Conditional Use Permit for Outdoor Storage and Overnight Parking of Motor Vehicles and Trailers at 14608 Felton Court 3. Adopt Resolution Approving Conditional Use Permit for Outdoor Storage and Overnight Parking of Motor Vehicles and Trailers at 14645 Felton Court 4. Adopt Resolution Approving Conditional Use Permit for Outdoor Storage and Overnight Parking of Motor Vehicles and Trailers at 6275 147th Street West M. Adopt Resolution Approving Karamella Addition Final Plat and Development Agreement N. Approve Agreement with Dakota County for Updating Emergency Operations Manual and Related Training O. Approve Agreement with Hawkins, Inc., for Project 2016 -102, 2016 Water Treatment Chemicals P. Approve Agreement with SHl International Corporation for Microsoft Licensing Q. Approve Acceptance and Final Payment on Agreement with Northwest Asphalt, Inc., for Project 2014 -112, Cortland 3rd Addition Street and Utility Improvements R. Approve Acceptance and Final Payment on Agreement with Northstar Mudjacking & More, LLC, for Project 2015 -125, 2015 Concrete Raising and Leveling Services S. Approve Liquor Operations Holiday Pay Policy T. Adopt Resolution Approving Changes to Pay and Benefit Plan for 2016 U. Approve Personnel Report V. Approve Claims and Bills 5. Regular Agenda Items A. Pass Ordinance Amending "I -2" (General Industrial) Zoning District (Recommend waiving second reading) B. Pass Ordinance Amending Chapter 30 of the City Code, Regulating Municipal Office Candidacy Filing Fees (Second reading) C. Adopt Resolution Appointing Member to Fill Vacancy on Traffic Safety Advisory Committee 6. Staff and Council Communications 7. Approve Calendar of Upcoming Events 8. Adj ourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www cityofapplevalley. org :�0 ITEM: 4.A. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Minutes of December 10, 2015, Regular Meeting Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve the minutes of the regular meeting of December 10, 2015. SUMMARY: The minutes from the last regular City Council meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 2015 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 10, 2015, 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, Acting City Engineer Anderson, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, Liquor Operations Director Swanson, and Fire Chief Thompson. Mayor Hamann - Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scouts Kevin Barringer, Luke Barringer, Josh Collotzi, Nate Doty, Bryson Flake, Russell Ostler, James Peterson, and Sium Solomon from Troop 508. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Hooppaw, removing item 4.J - Adopt Resolution Approving Parkside Village Galante Final Plat and Development Agreement from the agenda, rescheduling item 5.A - Proclaim December 10, 2015, as "Steve Mattson Day in Apple Valley" to later in the agenda, renumbering item 5.13.1 - Adopt Resolution Approving Eagle Ridge Business Park Second Addition Preliminary Plat to 5.C.2, and renumbering item 5.H - Adopt Resolution Approving Site Plan/Building Permit Authorization and Building Setback Variances to Construct 7,512 Sq. Ft. Retail Building on Lot 4, Block 3, Valley Commercial Park 1st Addition to 5.13.3, and approving the agenda for tonight's meeting, as amended. 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. Mr. Randy Bailey, 14372 Euclid Avenue, commented on the Kids `n Kinship bike program and said they are in need of bike - friendly storage space. 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 December 10, 2015 Page 2 MOTION: of Grendahl, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of November 24, 2015, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2015 -173 accepting, with thanks, the donation of $100.00 in gift cards from Rascals Bar & Grill, for use by the Parks and Recreation Department. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Sons of the American Legion, Squadron 1776, for use on February 13, 2016, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving renewal and issuance of On -Sale and Off -Sale 3.2 Percent Malt Liquor Licenses for 2016, as attached to the City Clerk's memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, setting the 2016 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month unless the following Friday is a holiday, as listed in the City Clerk's memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2015 -174 supporting Cedar Avenue Transitway 2015 Implementation Plan Update (IPU). Ayes -5- Nays -0. MOTION: of Grendahl, seconded by Bergman, authorizing submittal of a letter to the Metropolitan Council supporting change to Regional Bike Trail Network (RBTN), as attached to the Parks and Recreation Director's memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2015 -175 establishing a stop sign on 146th Street W. at Garrett Avenue. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2015 -176 nullifying the Oak Wilt and Dutch Elm Disease Cost Share Program and Polices. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 2015 Page 3 MOTION: of Grendahl, seconded by Bergman, accepting Project 2013 -160, 2013 -2014 TEGG Inspections, as complete and authorizing final payment on the agreement with Master Electric Co., Inc., in the amount of $2,558.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, accepting Project 2015 -124, 2015 Sod Replacement Services, as complete and authorizing final payment on the agreement with Jirik Sod Farms, Inc., in the amount of $1,285.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, accepting Project 2015 -140, AVFAC Pool Shell Repair, as complete and authorizing final payment on the agreement with Horizon Chemical Company, Inc., d /b /a Horizon Commercial Pool Supply, in the amount of $49,100.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, accepting Project 2015 -146, 2015 Ash Tree Injections, as complete and authorizing final payment on the agreement with S & S Tree Specialists, in the amount of $2,700.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2015 -177 appointing MG Trust Company, LLC, as trustee of HRA Accounts within REBA IV Trust. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing the Mayor to sign letter of direction and acceptance of successor trusteeship, regarding REBA III Trust, as attached to the Human Resources Manager's memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving hiring the seasonal and part time employees, promotion of employee, and resignation of employee, as listed in the Personnel Report dated December 10, 2015. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the claims and bills check registers dated, November 18, 2015, in the amount of $728,092.04 and November 24, 2015, in the amount of $435,567.99. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ISD 196 TRANSPORTATION HUB FACILITY Ms. Bodmer reviewed the request by Independent School District (ISD) 196 to construct a bus operations and maintenance facility on the northeast corner of Johnny Cake Ridge Road and Upper 147th Street W. Consideration of the following land use actions are requested: preliminary plat of Eagle Ridge Business Park Second Addition; a Conditional Use Permit to construct a 60,000 sq. ft. transportation hub facility on Lot 1, Block 1, Eagle Ridge Business Park Second Addition; a Conditional Use Permit to construct a 2,700 sq. ft. storage area for a maximum of 6 buses on Lot 1, Block 1, Eagle Ridge Business Park Second Addition; and site CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 2015 Page 4 plan /building permit authorization for a 60,000 sq. ft. transportation hub facility on Lot 1, Block 1, Eagle Ridge Business Park Second Addition. The facility would include a bus garage for storage of 84 buses, four bus maintenance bays, office, fenced temporary storage, and a free- standing bus wash and fueling area. She reviewed the site design, bus facility operations, and noise study findings. The plan includes the installation of a 12 ft. tall and nearly one - quarter, mile -long fence to visually screen the facility and provide noise attenuation for single family residential properties to the north. She then commented on traffic and the traffic study. City Council held discussion. The Planning Commission voted unanimously to recommend approval of the transportation hub facility with conditions at its December 2, 2015, meeting. Ms. Bodmer then highlighted conditional use standards and various observations. She noted the site is constrained because of the Magellan pipeline easement. Councilmember Bergman asked about bus usage during extracurricular activities and future expansion on the site. Discussion followed. Councilmember Hooppaw commented on the choice of an 8 ft. or 12 ft. fence height, noting the height selected may be problematic to future residents. Mr. Nordquist presented an image depicting large available properties within the City, one of which might serve as an alternative site. He noted drivers will need to toot the bus horn in connection with pre -trip safety checks. Mr. Nino Pedrelli, of State Street Realty Advisors, representing the land owners, addressed the Council and commented on the history of the site. Mr. Scott McQueen, of Wold Architects, responded to questions regarding the future expansion of the site. Mr. Randy Dukek, Transportation Coordinator for ISD 196, spoke about the fleet. Discussion continued. Mr. McQueen stated the maximum number of additional buses which could be housed on the site is 40. Mr. David Braslau, of David Braslau Associates, the firm which conducted the noise study, responded to questions regarding noise. Mr. Mike Erdmann, 5936 144th Street W., read a prepared statement on behalf of the neighborhood. Primary concerns with the facility include noise, air pollution, impact on traffic CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 2015 Page 5 to the surrounding area, fuel smells, plans for future expansion, and the resulting decrease in property values. In alignment with the 108 residents previously petitioned, he requested the City Council deny approval of the bus and transportation hub at this proposed location. Councilmember Goodwin asked about the timeline of this project, the $500,000 potential savings, and j ob creation. Mr. Jeffrey Solomon and Mr. Randy Dukek, of ISD 196, responded. Discussion followed. Councilmember Hooppaw pointed out approval of a Conditional Use Permit must not be materially injurious to properties or improvements in the vicinity. Even though the school district is trying to mitigate impacts from this site with a 12 ft. high, one - quarter mile long fence, it is still not mitigated. If that much effort is put into mitigating the site and the noise impact and several of the other impacts are not mitigated, it makes him question if it is the right location. Councilmember Bergman agreed that the noise mitigation for this site has not been accomplished. He believes it is too much for this confined area. Councilmember Hooppaw said the project does not fit on this site due to the pipeline easement. Mayor Hamann - Roland said the City Council seeks to find win -wins solutions. She added that the Council strongly supports the school district savings of one -half million dollars. She believes the site itself produces conflicts as a truly good site for the bus garage. It is troublesome that 84 buses will be entering and leaving the site Monday through Friday. She believes the school district could find a better site. She said that as a result of the many challenges faced with this site, the City Council needs to look at denying this application. Councilmember Grendahl said it is hard to move the denial, but she does not see this as a fit. Mayor Hamann - Roland asked counsel about the process to deny. Mr. Dougherty said if it is the will of the City Council to deny the application, there should be a motion directing staff to prepare a resolution of denial. The resolution will be prepared and then the City Council can consider the resolution later in the meeting. MOTION: of Grendahl, seconded by Hooppaw, directing staff to prepare a resolution listing the findings of fact, conclusions, and decision regarding the ISD 196 bus operation and maintenance facility Conditional Use Permit and site plan review /building permit authorization. Councilmember Bergman stated he wants his concerns about the buffer and the noise included in the findings of fact. CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 2015 Page 6 Mayor Hamann- Roland summarized the findings of fact as identified by the City Council including the fact that the proposed fence is an unacceptable noise attenuation solution and activity buffer; there is not a design or building placement solution offered to remove bus activity from the north property line; because of the location of the Magellan pipeline traversing the property, the building and activities and buffers must be located along the north property line and there is insufficient room to construct an effective buffer; desirable uses in employment areas should consist of the kind of head of household jobs the City is seeking (such as office, office- showroom, services, medical, health care, research and development, and forms of light industrial land use); at intermittent times, north property line owners may experience a 10 dBA increase in noise levels that are considered intrusive even with the height of the fence; significant bus driving activity at the north property line on a daily basis would be seen as well as the overhead doors and that is inconsistent with a friendly neighborhood; 84 buses will enter the building from the north garage doors at least one time per day which will impact the neighborhood; and ultimate build -out plans have not been submitted to determine possible impacts to adjacent properties and City streets, those impacts recognize the potential of 40 additional buses. She added that the City Council is responsible to deny a conditional use permit application when a particular use is found not to be suitable in the zoning district or that the conditions set forth in said regulations have not been met. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Hamann - Roland called a recess at 8:33 p.m. Mayor Hamann - Roland resumed the meeting at 8:40 p.m. EVENDALE WAY RIGHT -OF WAY AND EASEMENTS VACATION Ms. Bodmer stated the petitioner is interested in withdrawing this item. Mr. Nino Pedrelli, of State Street Realty Advisors, representing the land owners, requested this item be withdrawn. STEVE MATTSON DAY PROCLAMATION Mayor Hamann - Roland read the proclamation proclaiming December 10, 2015, "Steve Mattson Day in Apple Valley" and presented Steve Mattson's wife and son with the proclamation. Mr. Bill Tschohl commented on Mr. Mattson's fund raising activities and service to the community. MOTION: of Hamann - Roland, seconded by Hooppaw, proclaim December 10, 2015, "Steve Mattson Day in Apple Valley ". Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 2015 Page 7 VALLEY COMMERCIAL PARK 1 ST ADDITION Mr. Lovelace reviewed the request by 7525 Cedar, LLC, for a vacation of drainage and utility easements over and across Lot 4, Block 3, Valley Commercial Park 1st Addition. Discussion followed. Mayor Hamann - Roland called the public hearing to order, at 8:56 p.m., to consider vacating drainage and utility easements over and across Lot 4, Block 3, Valley Commercial Park 1st Addition. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:57 p.m. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2015 -178 completing the vacation of drainage and utility easements over and across Lot 4, Block 3, Valley Commercial Park 1st Addition, authorizing the City Clerk to record the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2015 -179 approving the site plan and building setback variances of 16 feet from Cedar Avenue and 10 feet from 147th Street West and authorizing issuance of a building permit for construction of a 7,512 sq. ft. retail building on Lot 4, Block 3, Valley Commercial Park 1st Addition (7525 147th Street West), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. 2016 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg presented the 2016 proposed budget and tax levy. He reviewed the budget development process, on -going challenges, budget objectives and highlights. All properties in the City received mailed notice of the Truth -in- Taxation meeting and the notice included the proposed property taxes for 2016 based on preliminary budgets and tax levies approved in September. The impact of the property tax levy on the 2016 median valued home of $218,000, that experienced a 4.76% increase in market value, will result in the City's portion of property taxes increasing approximately $39. The General Fund revenues and expenditures are $30,283,220. Mr. Hedberg stated the final property tax levy for 2016 is $24,058,000, which is an increase of 4% or $924,000 from 2015. Councilmember Goodwin pointed out Apple Valley's budget includes funding for the annual street maintenance program. Discussion followed. Councilmember Bergman left the meeting at 9:42 p.m. Councilmember Bergman returned at 9:43 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 2015 Page 8 Councilmember Goodwin left the meeting at 9:43 p.m. Councilmember Goodwin returned at 9:44 p.m. Mayor Hamann - Roland opened the public comment portion of the Truth -in- Taxation hearing at 9:50 p.m. She asked for questions or comments from the public. Mr. Randy Bailey, 14372 Euclid Avenue, said it is very clear this is a well -run City and he is here to say thank you. He stated he is happy to pay his taxes. The hearing was declared closed at 9:52 p.m. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2015 -180 approving setting the City tax levy collectible in 2016 at $24,058,000 and approving 2016 budgets with total revenue of $65,111,793 and expenditures of $71,703,174. Councilmember Grendahl said that at a preliminary meeting she asked staff to sharpen the pencil and she does not believe that happened. She then commented on various areas of concern. Discussion followed. Vote was taken on the motion. Ayes - 4 - Nays - 1 ( Grendahl). ISD 196 TRANSPORTATION HUB FACILITY - Continued Mr. Dougherty distributed the resolution approving the findings of fact, conclusions, and decision regarding the Independent School District 196 bus operation and maintenance facility Conditional Use Permit and site plan review /building permit authorization. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2015 -181 approving the findings of fact, conclusions, and decision regarding the Independent School District 196 bus operation and maintenance facility Conditional Use Permit and site plan review /building permit authorization. Ayes -5- Nays -0. TRANSFER FROM LIQUOR FUND TO GENERAL FUND MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2015 -182 approving the transfer of $600,000.00 from the Liquor Fund to the General Fund for 2015. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 2015 Page 9 2016 FEE SCHEDULE Ms. Gackstetter reviewed the proposed Fee Schedule. Fee adjustments are proposed for the cemetery, City fees and materials, consultant and engineering services, building inspections and permits, licenses and permits, subdivision and development fees, utility fees, and zoning. The fees would be effective January 1, 2016. She noted the proposed rates more accurately reflect the City's costs. Some changes were also recommended as a result of increased fees being charged the City and some were increased according to the Engineering News Record cost index. No comments from the public have been received regarding the proposed changes. Mayor Hamann - Roland called the public hearing to order at 10:13 p.m. to consider the Fee Schedule which sets fees and charges for various products and services effective January 1, 2016. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 10:14 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2015 -183 approving the 2016 Fee Schedule, by adjusting certain fees and charges effective January 1, 2016. Ayes - 5 - Nays - 0. ORDINANCE AMENDING CANDIDACY FILING FEES Ms. Gackstetter gave the first reading of an ordinance amending Chapter 30 of the City Code entitled "City Council ", by adding Section 30.06 regulating municipal office candidacy filing fees. The ordinance sets the filing fee at $40.00. The proposed ordinance was prepared by the City Attorney. The Council accepted the first reading. The second reading is tentatively scheduled for December 22, 2015. 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 Bergman, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:16 o'clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on :�0 ITEM: 4.13. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve State Gambling Exempt Permit for Minnesota Zoo Foundation, at Minnesota Zoo, 13000 Zoo Boulevard, on February 20, 2016 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Minnesota Zoo Foundation, for use on February 20, 2016, at Minnesota Zoo, 13000 Zoo Boulevard, and waiving any waiting period for State approval. SUMMARY: Minnesota Zoo Foundation, submitted an application for a gambling event to be held at Minnesota Zoo, 13000 Zoo Boulevard, on February 20, 2016. The application is on file should you wish to review it. BACKGROUND: Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar year, for qualified nonprofit organizations, are issued by the State Gambling Control Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. BUDGET IMPACT: N/A ���� ITEM: 4.C. ����� ���� ��� Apple COUNCIL MEETING DATE: December22, 2015 Va��ey SECTION: ConsentAgenda Description: Approve Renewal of Licenses and Permits for 2016 Staff Contact: Department/Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve renewal and issuance of licenses and pernlits for 2016 to licensees per the attached list, subject to receipt of the necessary documents. SUMMARY: Applications for 2016 renewal of various licenses and permits have been received from the licensees listed on the attached page. They are issued on an annual basis, to terminate December 31, 2016. When renewal applications are submitted before their expiration, the businesses are authorized to continue to operate until they are either renewed or denied. The following applications have been reviewed and are in order to be approved by the Council, subject to receipt of the necessary documents. They are available should anyone wish to review them. 16 Coin-Operated Device Licenses 23 Fuel Dispensing Facility Permits 1 Hobby Kennel Permit 2 Precious Metal Dealer Licenses 10 Refuse Collection Licenses 25 Tobacco or Tobacco Products Licenses (Two-Year License) BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: ����g��a��d �fl���ri�l 2016 RENEWAL LICENSES AND PERMITS City Council Meeting December 22, 2015 Coin-Operated Devices l. Bros. Music & Games, Inc., d/b/a Midwest Coin Concepts, at Apple Valley American Legion, Post 1776, 14521 Granada Drive 2. Carmike Cinemas, Inc., d/b/a Carmike 15, at Carmike 15, 15630 Cedar Avenue 3. Dean- Superior Vending Company, at Carmike 15, 15630 Cedar Avenue 4. Dean- Superior Vending Company, at Panino Brothers, 15322 Galaxie Avenue 5. Dean- Superior Vending Company, at Valley Tap House, 14889 Florence Trai1 6. Lieberman Companies, Inc., d/b/a American Amusement Arcades, at Rascal's Apple Valley Bar and Grill, 7721 147th Street W. 7. Mendota Valley Amusement, Inc., at Bogart's/Apple Place Bowl, 14917 Garrett Avenue 8. Mendota Valley Amusement, Inc., at Buffalo Wild Wings, 14658 Cedar Avenue 9. Mendota Valley Amusement, Inc., at Celts Craft House, 7083 153rd Street W. 10. Mendota Valley Amusement, Inc., at Crooked Pint Ale House, 15668 Pilot Knob Road 11. Mendota Valley Amusement, Inc., at Old Chicago, 14998 Glazier Avenue 12. Mendota Valley Amusement, Inc., at Red Robin America's Gourmet Burgers & Spirits, 15560 Cedar Avenue 13. Michael Aspengren dlb/a Aspen Video and Vending, at Wild Bill's Sports Saloon, 15020 Glazier Avenue 14. National Entertainment Network, LLC, at Cub Foods, 15350 Cedar Avenue 15. National Entertainment Network, LLC, at Denny's Restaurant, 7805 150th Street W. 16. Theisen Vending, Inc., at Perkins Restaurant, 7620 150th Street W. Fuel Dispensing Facilities 1. AVR, Inc., 15497 Pilot Knob Road 2. City of Apple Valley Central Maintenance Facility, 6442 140th Street W. � 3. City of Apple Valley d/b/a Valleywood Golf Course, 4851 McAndrews Road 4. Crown Equipment TZental Co. Inc., 7661 146th Street W. 5. Dana Marathon, LLC, d/b/a Dana SA, 14050 Pilot Knob Road 6. Dick's Valley Service, Inc., 6781 146th Street W. 7. Emperor Twyst, Inc., d/b/a CBM Shell, 12503 Germane Avenue 8. Emperor Twyst, Inc., d/b/a Gardenview Shell, 206 County Road 42 9. Fuhr Enterprises, Inc., d/b/a Snack Shack, 14265 Essex Avenue 10. Holiday Stationstores, Inc., 5980 149th Street W. 1 L Independent School District#196, 14445 Diamond Path W. 12. Joel Watrud d/b/a Watrud's Apple Valley Golf Club, 8661 140th Street W. 13. Kath Fuel Oil Service Co., 15550 Cedar Avenue 14. Kwik Trip, Inc., d/b/a Kwik Trip #397, 15065 Dodd Boulevard 15. Kwik Trip, Inc., d/b/a Kwik Trip #406, 7545 145th Street W. 16. Kwik Trip, Inc., dIb/a Kwik Trip #421, 14941 Florence Trail 17. Kwik Trip, Inc., d/b/a Kwik Trip #695, 13357 Palomino Drive 18. Lampert Yards - US LBM, LLC, d/b/a Lampert Lumber, 14555 Galaxie Avenue 19. Minnesota Zoological Garden, 13000 Zoo Boulevard 20. Northern Tier Retail, LLC, d/b/a Superamerica, 15020 Garrett Avenue 21. Paradise Partners, LLC, d/b/a Paradise Car Wash, 7600 145th Street W. 22. PRG Market, LLC, d/b/a Holiday Franchise Store 3802, 14113 Galaxie Avenue 23. River Country Cooperative d/b/a SuperAmerica 4812, 15050 Galaxie Avenue Hobby Kennel 1. Melodie Kaufenberg, 14084 Germane Avenue Precious Metal Dealers 1. Apple Valley Diamonds, LLC, d/b/a Apple Valley Diamonds, 14810 Granada Avenue 2. Jay F. Jeweler, Tnc., d/b/a Jay F. Jeweler, 7587 148th Street W. Refuse Collection 1. Advanced Disposal Services Solid Waste Midwest, LLC, 309 Como Avenue, St. Paul, MN 2. Allied Waste Services of North America, LLC, d/b/a Republic Services of the Twin Cities - Inver Grove Heights, 4325 66th Street E., Inver Grove Heights, MN 3. Aspen Waste Systems, Inc., 2951 Weeks Avenue S.E., Minneapolis, MN 4. Buckingham Trucki�g, Inc., d/b/a The Buckingham Companies, 5980 Credit River Road S.E., Prior Lake, MN 5. Dick's Sanitation Service, Inc., 8984 215th Street, Lakeville, NIN 6. GarbageMan of Apple Valley II, LLC, 929 Hague Avenue, St. Paul, MN 7. Nitti Sanitation, Inc., 1725 Meadow View Road, Eagan, MN 8. Randy's Sanitation, Inc., d/b/a Randy's Environmental Services, 4351 US Hwy 12 S.E., Delano, MN 9. Troje's Trash Pick-Up, Inc., 6010 S. Concord Boulevard, Inver Grove Heights, MN 10. Waste Management of Minnesota, Inc., 1901 Ames Drive, Burnsville, MN Tobacco or Tobacco Products (Two-Year License) 1. Apple Valley American Legion, Post 1776, 14521 Granada Drive 2. City of Apple Valley d/b/a Apple Valley Liquor Store #1, 7525 148th Street W. 3. City of Apple Valley d/b/a Apple Valley Liquor Store #2, 14261 Essex Avenue 4. City of Apple Valley d/b/a Apple Valley Liquor Stare#3, 5470 157th Street W. 5. City of Apple Valley d/b/a Valleywood Golf Course, 4851 McAndrews Road 6. Dana Marathon, LLC, dlb/a Dana SA, 14050 Pilot Knob Road 7. Emperor Twyst, Inc., d/b/a Boosh!, 213 County Road 42 8. Emperor Twyst, Inc., d/b/a CBM Shell, 12503 Germane Avenue 9. Emperor Twyst, Inc., d/b/a Gardenview Shell, 206 County Road 42 10. Fuhr Enterprises, Inc., d/b/a Snack Shack, 14265 Essex Avenue 11. Holiday Stationstores, Inc., 5980 149th Street W. 12. Kath Fuel Oil Service Co., 15550 Cedar Avenue 13. Kwik Trip, Inc., d/b/a Kwik Trip #397, 15065 Dodd Boulevard 14. Kwik Trip, Inc., d/b/a Kwik Trip #406, 7545 145th Street W. 15. Kwik Trip, Inc., d/b/a Kwik Trip#421, 14941 Florence Trail 16. Kwik Trip, Inc., d/b/a Kwik Trip #695, 13357 Palomino Drive 17. Northern Tier Retail, LLC, d/b/a Superamerica, 15020 Garrett Avenue 18. PRG Market, LLC, d/b/a Holiday Franchise Store 3802, 14113 Galaxie Avenue 19. River Country Cooperative d/b/a SuperAmerica 4812, 15050 Galaxie Avenue 20. Sam's West, Inc., d/b/a Sam's Club #4736, 14940 Florence Trail 21. Supervalu, Inc., d/b/a Cub Foods, 15350 Cedar Avenue 22. Tobacco Valley 1, Inc., d/b/a Tobacco Valley 1, 7539 148th Street W. 23. Walgreen Co., d/b/a Walgreens, 15250 Cedar Avenue 24. Walgreen Co., d/b/a Walgreens, 14020 Pilot Knob Road 25. Wal-Mart Stores, Inc., d/b/a Walmart#2642, 7835 150th Street W. 2 :�0 ITEM: 4.D. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Change in Officer and Ownership for Vivo Restaurants, LLC, d /b /a Vivo, 15435 Founders Lane, in Connection with On -Sale Liquor Licenses Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve the change in officer and ownership for Vivo Restaurants, LLC, d/b /a Vivo, in connection with the "On -Sale Intoxicating Liquor" and "Special License for Sunday Liquor Sales" licenses, at 15435 Founders Lane, naming Jeff Scot Mould as Executive Director /President and removing Robert C. Tinsley as an owner. SUMMARY: Vivo Restaurants, LLC, d/b /a Vivo, 15435 Founders Lane, has filed an application for change in officer and a change in ownership required in connection with its "On -Sale Intoxicating Liquor" and "Special License for Sunday Liquor Sales" licenses, at 15435 Founders Lane. Mr. Jeff Scot Mould is being named as Executive Director /President. Mr. Robert C. Tinsley is being removed as an owner. Mr. Mark Thompson and Ms. Kimberly Thompson will continue as owners. A personal information form has been filed on Mr. Mould and the Police Department has conducted the necessary background investigation indicating nothing to preclude the business from continuing to hold a license. The information is on file should you wish to review it. BACKGROUND: City Code Section 111.34 provides for City Council approval of such changes. BUDGET IMPACT: N/A :�0 ITEM: 4.E. 000 Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Adopt Resolution Agreeing to Extend Livable Communities Grant of $866,000 to April 2017 Staff Contact: Department / Division: Bruce Nordquist, Community Development Director Community Development Department ACTION REQUESTED: Adopt Resolution Approving Second Extension and Amendment of Metropolitan Livable Communities Act Livable Communities Demonstration Account Transit Oriented Development Grant Agreement. SUMMARY: The office site in the Central Village located between GrandStay and the post office is known as the 866 site. The "866" refers to the $866,000 secured as a Livable Community grant from the Metropolitan Council to attract transit- oriented development. Owner /developer /property manager interest, after many months of search, has been identified: Interstate Partners. A 50,000 sq. ft. three story office concept has been developed. Staff has identified preliminary tenant options to share with the developer and continues to be approached by interested tenants. Attached is a portion of the information submitted to the Metropolitan Council requesting an extension of the grant to April 2017. This information was provided to demonstrate steady progress related to the grant. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution Agreement Background Material CITY OF APPLE VALLEY RESOLUTION NO. 2015 -184 RESOLUTION SUPPORTING SECOND EXTENSION AND AMENDMENT OF METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT TRANSIT ORIENTED DEVELOPMENT GRANT AGREEMENT WHEREAS, in 2012 the Grantee was awarded an $866,000.00 Livable Communities Demonstration Account Transit Oriented Development grant to help fund site acquisition associated with the Grantee's Commons I and Commons 11 Site Acquisition project, now known as Central Village West Site Assistance; and WHEREAS, the grant agreement for Central Village West Site Assistance had not yet been executed by the Grantee, the grant agreement was revised to change the project as approved by the Council; and WHEREAS, on February 6, 2014, the Grantee and the Council entered into a grant agreement identified as Council Grant No. SGO11 -193 ( "Agreement") which made the grant funds available to the Grantee for the Central Village West Site Assistance project; and WHEREAS, on August 13, 2014, the Council approved certain changes in its extension procedures for Metropolitan Livable Communities Act grant agreements, including that the development or redevelopment project will have commenced within the requested extension timeframe rather than requiring that the development or redevelopment project will be completed within the requested extension timeframe; and WHEREAS, on January 30, 2015, the Grantee requested an amendment to extend the term of the Agreement to allow the project more time to move forward; and WHEREAS, on April 30, 2015, the Agreement was amended to extend the term of the grant until December 31, 2015, provided that by October 31, 2015, the Grantee submitted evidence of significant progress towards full project financing and a schedule showing the start and end dates of project construction; and WHEREAS, on October 30, 2015, the Grantee submitted the required evidence of progress and requested that the term of the Agreement be extended a second time to April 30, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, in consideration of the promises and covenants contained in this Agreement, the Council and the Grantee agree to amend Grant No. SGO11 -193 as follows: 1. The "EXPIRATION DATE" is changed from December 31, 2015 to April 30, 2017. 2. The Mayor and City Clerk are authorized to execute the agreement amendment. ADOPTED this 22nd day of December, 2015. Mary Hamann- Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on December 22, 2015, the original of which is in my possession, dated this day of , 2015 . Pamela J. Gackstetter, City Clerk 2 Grant No. SGOII-193 SECOND EXTENSION AND AMENDMENT OF METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT TRANSIT ORIENTED DEVELOPMENT GRANT AGREEMENT THIS AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the City of Apple Valley ("Grantee"). WHEREAS, in 2012 the Grantee was awarded an $866,000.00 Livable Communities Demonstration Account Transit Oriented Development grant to help fund site acquisition associated with the Grantee's Commons I and Commons 11 Site Acquisition project, now known as Central Village West Site Assistance; and WHEREAS, on May 10, 2013 the Grantee requested the Council's permission to change the project location after negotiations to acquire the original project site were unsuccessful; and WHEREAS, on May 20, 2013 the Council approved the Grantee's request to change the project location; and WHERAS, the grant agreement for Central Village West Site Assistance had not yet been executed by the Grantee, the grant agreement was revised to change the project as approved by the Council; and WHEREAS, on February 6, 2014, the Grantee and the Council entered into a grant agreement identified as Council Grant No. SGO I 1- 193 ("Agreement") which made the grant funds available to the Grantee for the Central Village West Site Assistance project; and WHEREAS, on August 13, 2014 the Council approved certain changes in its extension procedures for Metropolitan Livable Communities Act grant agreements, including that the development or redevelopment project will have commenced within the requested extension timeframe rather than requiring that the development or redevelopment project will be completed within the requested extension timeframe; and WHEREAS, the procedures changed by the Council on August 13, 2014 were applied to all active Metropolitan Livable Communities Act grants; and WHEREAS, on January 30, 2015 the Grantee requested an amendment to extend the term of the Agreement to allow the project more time to move forward; and WHEREAS, on April 30, 2015 the Agreement was amended to extend the term of the grant until December 31, 2015 provided that by October 31, 2015 the Grantee submitted evidence of significant progress towards full project financing and a schedule showing the start and end dates of project construction; and WHEREAS, on October 30, 2015 the Grantee submitted the required evidence of progress and requested that the term of the Agreement be extended a second time to April 30, 2017. NOW, THEREFORE, in consideration of the promises and covenants contained in this Agreement, the Council and the Grantee agree to amend Grant No. SGO I 1- 193 as follows: 1. The "EXPIRATION DATE" identified at Page I of the Agreement and referenced in Paragraph 4.01, Term, is changed from December 31, 2015 to April 30, 2017. Except for these amendments and modifications, the provisions of Grant No. SGO I 1- 193 shall remain in force and effect without change. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. CITY OF APPLE VALLEY METROPOLITAN COUNCIL By: By: Mary Hamann-Roland Beth Reetz, Director Mayor Community Development Division Date: Date: By: Pamela Gackstetter Its: City Clerk Date: Amendment #2 to Grant No. SGO I 1 -193 a Interstate Partners uc 500 Jackson Street d Suite 200 .o SL Paul, MN 55101 4 Tel; 651.406,8050 Fax: 612. 406.8628 .r interstatepartners.com October 30, 2015 Bruce Nordquist City of Apple Valley 7100 West 147 Street Apple Valley, MN 55124 via e- mail: bnordguist(ii ci.apple-yalley.mn.us RE: LETTER OF INTEREST - ACQUISITION & DEVELOPMENT OF CITY OWNED LAND Dear Bruce: 1 am pleased to present the following Letter of Interest for the City of Apple Valley owned parcels, further shown in Exhibit A, attached hereto (referred to herein as the "Property"). 1. BUYER /DEVELOPER: Interstate Partners (`Buyer" or "1P ") and / or its permitted assigns 2. EXPERIENCE: Interstate has executed over $250 million in development and re- development projects in Dakota County. Some of the significant projects include Grand Oak Business Park, Boulder Lakes Business Park, CityVue Commons (currently under construction), BridgePoint Business Park, MeadowView Business Center and a facility for ISD 917. We are extremely excited to have the opportunity to work on another project in this exceptional community. 3. SELLER: City of Apple Valley 4. PROPERTY Approximately 3.7 acres, located with the plat commonly known DESCRIPTION: as Village at Founders Circle, Apple Valley, Minnesota. S. PROPOSED Interstate will endeavor to develop the parcels into a multi -use, DEVELOPMENT: multi- tenant office / education center, estimated to include one or more buildings and include 45,000 or more square feet of finished space. 6. DUE DILIGENCE: Interstate will have One Hundred Eighty (180) days to conduct its due diligence (the "Due Diligence Period ") on and about the Property, which shall include but not be limited to title, environmental, geotechnical, survey, zoning, marketing to prospective tenant(s) and physical property inspection. 7. DOCUMENTS: Seller to provide copies of all available documents in Seller's possession pertaining to the property, including but not limited to; copies of as -built drawings and plans, service contracts, environmental and geotechnical reports, governmental agency correspondence, permits, and any and all other available documents relating to the property. B. TERMIINATION: In the event Buyer is not satisfied with the results of its due diligence investigation, Buyer may, in its sole discretion, terminate the Purchase Agreement on or before the expiration of the Due Diligence Period and receive a full refund of the Earnest Money. 9, TITLE & SURVEY: Seller to provide Buyer an updated survey of the Property, certified to Buyer, and Title Company as having been prepared in accordance with ALTA minimum standard detail requirements, dated subsequent to the effective date of the Purchase Agreement. Seller shall deliver to Buyer a Commitment for an ALTA Owner's Policy of Title Insurance committing to insure title to the Real Property from First American Title Insurance Company. 10. JOINT- VENTURE: Interstate is open discussing a joint- venture with the City of Apple Valley, if such Joint Venture is in the best interest of the City and community (we previously completed a similar JV with the St. Paul Port Authority and are happy to share the results). 11. GOOD FAITH Seller and Buyer agree that the terms and provisions of this NEGOTIATIONS: Letter of Intent shall remain strictly confidential and shall be disclosed by either party only to its legal counsel, lenders or consultants prior to execution of a Purchase Agreement. Seller agrees that it shall negotiate in good faith with Buyer exclusively for a period of thirty (30) calendar days from the date of acceptance of this Letter of Interest with a view to entering into a mutually acceptable, binding and enforceable Purchase Agreement consistent with the terms hereof and containing mutually agreed representations, warranties, covenants and conditions appropriate for the purchase. If this letter of intent is acceptable, please acknowledge approval by signing in the space provided below and faxing or emailing the signed counterpart to me. This letter is intended only as an expression of the status of negotiations and is not, and is not intended to be, contractually binding on either party (except for the "Good Faith Negotiations" section above which shall be binding for the good faith negotiation period noted therein). AGREED AND ACCEPTED: BUYER: SELLER: INTERSTATE PARTNERS CITY OF APPLE VALLEY By: By: IJ. V a Its: Partner Its: About Us :: Interstate Partners Page 1 of I About Us Interstate Partners Company Overview Interstate Partners LLC was formed in 2000 to acquire, develop, lease and manage commercial real estate. Interstate Partners has regional offices in the Chicago,' Minneapolis /St. Paul and Milwaukee markets, which - collectively have developed a series of planned business . parks for our own account. Since inception, we have f developed, leased and managed more than 50 buildings containing more than 5,500,000 square feet. The building types include office, medical, warehouse, service center and retail. Interstate Partners also has ownership in land holdings of 300 acres that are entitled and ready for construction of additional buildings. Interstate Partners funds its investments with its own equity as well as through numerous relationships with institutional and individual investors in each of its regions. Francis Brzezinski is the majority partner and CEO of Interstate Partners' activities in all of its regions. The regional partners are as follows: Greg Miller - Interstate Partners Minnesota John Heller - Interstate Partners Wisconsin Mark Ebacher- Interstate Partners Illinois The business model is one that incorporates a philosophy of long -term ownership with management that is responsive and client focused. Interstate Partners believes that real estate is a business where one understands the market by being actively and personally involved in the marketplace. Minnesota ��� > Wisconsin Illinois Office Office '?'{ Office 7 90 Prairie ,f3 500 Jackson N16 W23217 r = Parkway Street, Suite l Stone Ridge I. Gilberts, IL 200 Drive, 60136 St. Paul, MN Suite 120, Phone: (847) = 55101 Waukesha, 428 -5303 Phone: (651) WI 53188 View on 406 -8050 Phone: (262) Map I Email View on 506 -1000 Us Map I Email View on Us Map I Email Us http:// www. interstatepartners .com/aboul/about -us 10/28/2015 'Minnesota Office :: interstate Partners Pagel of 2 Minnesota Office Minnesota In Minnesota, Interstate Partners has acquired and developed over 20 buildings, totaling in excess of 1,000,000 square feet. The majority of these buildings are in four master planned business parks created by Interstate Partners – Grand Oak Business Park in Eagan, Rice Creek Corporate Park in Shoreview, BridgePoint Business Park in South Saint Paul, and Boulder Lakes Business Park in Eagan. Currently, the Minnesota division is developing the BridgePoint land parcels in South Saint Paul and the Boulder Lakes project in Eagan. The 30 -acre land parcel in South Saint Paul was formerly the last active stockyards in _ South Saint Paul - when developed, this property will be an additional phase of the BridgePoint Business Park and will contain three offcelwarehouse buildings totaling 315,000 square feet of space. In Eagan, Interstate Partners purchased 95 acres of land and completed the first two of eight planned buildings within Boulder Lakes Business Park. When completed, the Boulder Lakes Business Park will contain approximately 775,000 square feet of office and office /tech space. The following ,provides an overview of the Minnesota division's principal development activities to -date: • Grand Oak Business Park A development occupying 100 acres at the intersection of 1 -35E, 1-494 and State Highways 55 and 149 in Eagan, MN (Dakota County) • Rice Creek Corporate Park — A 230 -acre, mixed -use development located at the intersection of 1 -35W, Hwy 10 between County Highways I and J in Shoreview, MN (Ramsey T County) • BridgePoint Business Park — A 30 -acre master planned business park located on Concord Avenue just' / mile south of 1494 in South St. Paul, MN (Dakota County) • Boulder Lakes Business Park — an approximately 95 -acre master planned business park located on Lone Oak Road just southeast of 1 -494, 1 -35E, and State Highways 55 & 149 in Eagan, MN (Dakota County) With a majority of its development interests located in these four master planned business parks, the Minnesota division has also redeveloped a boutique Class A office building, 500 Jackson Street, in St. Paul's lively downtown, which now houses the Interstate Partners' Minnesota office. The managing partner of Interstate Partners' real estate enterprises in Minnesota is President Greg Miller. He is a real estate development and investment banking veteran of almost 40 years. The Minnesota office also benefits from the efforts of two additional partners, Eric Simmer and Lonnie Provencher, who offer diverse real estate backgrounds and expertise with extensive investment, development, and property management experience. Minnesota Wisconsin Illinois Office Office Office 90 Prairie 500 Jackson N16 W23217 Parkway http:// vvww. interstatepartners .com/about/minnesota -office 1 0/28/201$ Our People :: Interstate Partners Page 1 of l Our People Lonnie Provencher "' "'• Director of Development 651.294.7583 Email Lonnie Provencher Lonnie focuses on the growth of the company's real estate portfolio, primarily through new development and strategic value -add Download vCard acquistions. Along with the collective team he manages all functions of the value create process, including land and property acquisitions, entitlements, construction, leasing and dispositions. Education Graduate of Saint John's University, Collegeville, MN Experience • Senior Director of Industrial Brokerage, Cushman & Wakefield NorthMarq, Minneapolis • Cushman & Wakefield Offshore Club, 2009 & 2011 • MINICAR Industrial Transaction of the Year, 2010 • Cushman & Wakefield Rising Star Award, 2006 Professional and Community Affiliations • Minnesota Commercial Association of Realtors (MINICAR) Member • Society of Industrial and Office Realtors (SIOR) Member • Spearhead Rugby Academy, Board of Directors • Rational Energies, Inc, Advisory Board Member Minnesota s Wisconsin 1 1 011 1 111 Illinois Office Office Office si 90 Prairie 500 Jackson N16 W23217 1 a- . Parkway Street, Suite Stone Ridge Gilberts, IL 200 Drive, 60136 St. Paul, MN Suite 120, Phone. 55101 Waukesha, 428 -5303 Phone: (651) WI 53188 View on 406 -8050 Phone: (262) Map I Email View on 506 -1000 Us Map I Email View on Us Map I Email Us http:// www. interstatepartners .com/about/people /37 10/28/2015 :�0 ITEM: 4.F. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: 2015/2016 Budget Amendments Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: 1. Adopt Resolution Committing December 31, 2015, General Fund Balance for 2015 Financial Statement Purposes. 2. Adopt Resolution Amending 2016 Budget for Specific Items and Uncompleted 2015 Projects. SUMMARY: Government Accounting Standards Board (GASB) pronouncement 54 created a number of different fund balance classifications. One of these classifications includes a committed fund balance classification. The committed classification requires that the City Council take formal action to commit December 31, 2015 Fund Balances prior to the end of the year. The commitment action taken by the City Council restricts the future purchases to these uses. GASB 54 provides that the exact dollar amounts may be calculated and assigned to the uses subsequent to year end as long as the specific use was identified prior to year end. Staff is seeping City Council commitment of resources to complete some budgeted 2015 items that were not completed in 2015 or the reassignment of savings experienced in 2015. The action taken at this time is to commit fund balance for the specific purposes and that once exact dollar amounts are determined further action would be taken by the City Council to appropriate the resources. This is similar to actions taken in prior years and includes projects that were appropriated in the 2015 budget but will not be completed by year end. Summary of requested items to be included in General Fund Committed Fund Balance as of 12 -31 -15 follows. BACKGROUND: Amount Information Technology - IT staff has become aware that the costs of Microsoft Licensing will be $7,000 increasing for 2016. Staff is proposing that IT Department savings of $7,000 be carried to 2016. Amount Information Technology — Network Switches at Liquor Store The 2015 budget included $10,000 for replacing network switch at liquor $10,000 store number 2 and 3. This purchase will not be made in 2015 and staff requests that these funds be carried over to 2016 Amount Information Technology — Lighting Improvement The existing IT staff area is in need of improvements to the lighting . Staff is proposing that funds be carried over to 2016 from position savings $6,000 experienced in the IT department. The improvements in 2016 would be completed in the Municipal Building operating budget in the General Fund. Amount Municipal Building Municipal Center/ Police Department Server Room and Radio Room Cooling Units One of the two cooling units failed this summer and the City's HVAC contractor has ruled that repair is either impractical or cost prohibitive. The remaining unit is not likely to last more than one year. Staff has been evaluating possible solutions and recommends a cooling system that is $54,200 specifically designed for server room environments and will operate much more efficiently, while also placing less wear on the equipment. The cost of the replacement system is $54,128.45 and the funding will come from a combination of savings in the IT department and budget savings in the police budget for fuel. Amount Police Department 2nd Floor Air Conditioning Cooling Coil The City's HVAC contractor has found that the cooling coil has too many leaks for further repair and the coil requires replacement in order for the air conditioning to function next year. The cost to replace the coil is estimated at $20,000. Staff proposes to allocate cost savings in fuel and $20,000 position savings in the Police Department budget to replace this critical piece of equipment necessary to maintain the Police Department 2 nd floor environment. Amount Police Department Dakota County JPA Emergency Management Plan Update The police department is submitting to participate in the Dakota County Joint Powers Agreement for contracting the draft of an updated Emergency Management Plan. The work would not be complete until $5,300 2016 and Apple Valley's share of the cost would be $5,300. It is proposed that the savings in the police department budget in 2015 be carried forward to 2016 to cover the cost of participation. Amount Police Department - Police Department Interview Room Camera Upgrades Staff proposes to allocate cost savings in the Police Department budget to replace the analog cameras in Police interview and booking rooms with IP cameras that should result in seamless and error -free recording on the new server. The cost of the replacement cameras for all the interview/ booking rooms is $21,954.61. Over the past several years, the Police Facility has been in the process of upgrading its video surveillance system and transitioning from analog technology installed in the 1990's to new digital, IP technology. Due to the significant number of cameras and costs associated with replacement, the City has been using a phased implementation plan. In 2015, the City changed its server to a new digital IP enterprise -based system to handle the City's future video recording and storage needs. $22,000 During this phase, existing analog cameras and microphones were attached to the new server using a analog -to -IP encoder. The encoder is a fairly effective solution that allows the City the opportunity to upgrade and replace cameras over time as money is available. However, because the encoder is attempting to translate an obsolete analog signal into the modern IP signal, it has a small error rate, resulting in small segments of video or audio not being recorded. For general surveillance, this error rate has been acceptable. However, in the Police interview and booking environments where it is essential to have complete video and audio recordings to use for court purposes, this error rate is not acceptable. Staff proposes to allocate cost savings in the Police Department budget to replace the analog cameras in Police interview and booking rooms with IP cameras that should result in seamless and error -free recording on the new server. The cost of the replacement cameras for all the interview/ booking rooms is $21,954.61. Amount City Clerk — Replacement Office Chairs The City Clerks program budget will be realizing 2015 budget savings on maintenance charges on the voting equipment which will not be purchased in 2015. A number of departments included budget requests for replacement of office and side chairs. To relieve 2016/17 budget $ 11,000 pressures it is suggested to make the purchase in 2015 out of savings in the city clerk program. The 2015 budget was previously amended to provide for this purchase but a decision has not been made as of yet and the appropriation is requested to be carried into 2016. Amount AV Family Aquatic Center The 2015 budget included two capital outlay for the replacement of the handicap accessibility railings ($5,000) and the conversion to a tablet - based Point of Sale system ($8,000) for concessions. These two projects $13,000 will not be completed in 2015 and staff is requesting that the funding be carried forward to 2016. The total cost of the project is $13,000 and will come from uncompleted 2015 purchases. Amount Community Center - Fire Alarm System Replacement During fall 2015, the fire alarm system quit functioning and it is necessary to replace the fire alarm system. One option is to replace the existing alarm panel and detectors and potentially additional wiring. The City's Fire Chief and Fire Marshal are recommending that instead of replacing the alarm panels and detectors that the City explore adding a fire sprinkler system. The total cost of the fire sprinkler system would be approximately $150,000 and the cost of replacing the alarm panel, detectors, and wiring would be approximately $50,000. Staff will be seeking bids on both alternatives and will be seeking future City Council action to award the contract. It is proposed that $50,000 of the project be funded with 2015 budget savings within the Park and Recreation Department programs budgets and $100,000 of the $150,000 costs be funded by setting aside 2015 City Council contingency to fund a portion of the project if the fire sprinkler system is selected. Department Savings Applied to project: Park Admin 1700 -6239 Printing - newsletter under budget $9,000 Park Maint 1765 -6212 Fuel- fuel under budget $24,000 Rec prog 1945 -6249 Cont. sry -no Quarry Pt Pk pumping under budget $2,000 Comm Center 1900 -6255 Electric- under budget $8,000 Senior Center 1920 -6735 Capital outlay- Painting under budget $7,000 Total $50,000 Amount Human Resources — Staff Training & Development The 2015 budget included $5,000 for Respectful Workplace Training, this city -wide training event did not occur and staff would like to carryover this $5,000 request to 2016 and conduct the city -wide training event in 2016. 1020.6235 Amount Building Inspections — Outfitting of workspace The current staffing (regular and contract inspectors) in the Building Inspections and Engineering Departments are spread out throughout the first floor of the municipal center. Department staff are seeking to add work space and reconfigure the area within the Building Inspection $30,000 Department to provide workspace in one area near coworkers and supervisors. The estimated cost of the project is $30,000 and it is proposed that a portion of excess department revenues from 2015 be set aside to complete the project in 2016. Amount Liquor Stores — Digital Camera Security System The 2015 budget included $10,000 for each liquor store to start the conversion to digital CCTV. In talking with IT staff this project will not be $30,000 completed in 2015. Funding would remain to come from within the Liquor Fund Amount Storm Water Utility — Consulting Service Storm Water Plan Update The 2015 budget included the following projects that were not completed in 2015 and the funding would remain with the storm water utility. $15,000 • Consulting services for assistance in updating the Storm Water Management Plan $15,000. 5505 -6235 • Scout Lake aerator ($7,000) Waiting on a report, need to figure out logistics of access and electricity 5505 -6735 $7,000 • The Long Lake retrofits were included in the 2014 and 2015 budgets and were not completed, staff is requesting $160,000 be included for 2016. 5505 -6735 $160,000 BUDGET IMPACT: The total amount committed of the 12 -31 -2015 General Fund Balance is $333,500. The total budget carryover request for all funds is $545,500. ATTACHMENTS: Resolution Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2015 - RESOLUTION COMMITTING GENERAL FUND BALANCE FOR 2015 FINANCIAL STATEMENT PURPOSES WHEREAS, the Governmental Accounting Standards Board's Statement No. 54 includes five different classification of fund balance; and WHEREAS, one of the fund balance classifications includes Committed Fund Balance; and WHEREAS, for fund balance to be classified as committed at year end the City Council must approve the uses of specific items to be included as committed prior to year end. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley elects to commit General Fund -Fund Balance as of December 31, 2015 for the following departments and uses: Department Account 2014 Code Committed Amount IT Microsoft Licensing 1030 -6249 $ 7,000 IT Network Switches at Liquor Stores 1030 -6725 10,000 Muni Building Lighting improvements in IT area 1060 -6715 6,000 Muni Building Police Dept Server Room Cooling 1060 -6715 54,200 Muni Building Police Dept 2nd Floor Air Conditioning 1060 -6715 20,000 Police Emergency Management Plan Update 1200 -6235 5,300 Police Interview Room Camera Upgrades 1200 -6740 22,000 City Clerk Office Chair Replacements 1015 -6720 11,000 Aquatic Center Handicap Railings and Point of sale 1940 -6740 13,000 Community Center Fire Alarm System improvements 1900 -6735 50,000 Council Contingency Fire Alarm System Improvements 1960 -6399 100,000 Human Resources Staff Training and Development 1020 -6235 5,000 Building Inspections Outfitting of workspace 1400 -6725 30,000 TOTAL GENERAL FUND COMMITTED FUND BALANCE $ 333,500 ADOPTED this 22 day of December, 2015. Mary Hamann - Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2015 - RESOLUTION AMENDING 2016 BUDGET FOR UNCOMPLETED 2015 PROJECTS AND SPECIFIC ITEMS WHEREAS, certain 2015 budgeted activities were not completed in 2015; and WHEREAS, certain 2015 program budget savings are requested to be reassigned; and WHEREAS, the 2015 budget accumulated resources for the completion of the items; and WHEREAS, to provide for the 2016 purchase it is necessary to provide for an increase in the 2016 budget to provide the appropriation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley that the following budget adjustments be made to the 2016 budget. Department 2016 Account 2016 Code Additional Amount IT Microsoft Licensing 1030 -6249 $ 7,000 IT Network Switches at Liquor Stores 1030 -6725 10,000 Muni Building Lighting improvements in IT area 1060 -6715 6,000 Muni Building Police Dept Server Room Cooling 1060 -6715 54,200 Muni Building Police Dept 2 na Floor Air Conditioning 1060 -6715 20,000 Police Emergency Management Plan Update 1200 -6235 5,300 Police Interview Room Camera Upgrades 1200 -6740 22,000 City Clerk Office Chair Replacements 1015 -6720 11,000 Aquatic Center Handicap Railings and Point of sale 1940 -6740 13,000 Community Center Fire Alarm System improvements 1900 -6735 50,000 Council Contingency Fire Alarm System Improvements 1960 -6399 100,000 Human Resources Staff Training and Development 1020 -6235 5,000 Building Inspections Outfitting of workspace 1400 -6725 30,000 Liquor Fund Store #1 Digital Camera Security System 5025 -6740 10,000 Liquor Fund Store #2 Digital Camera Security System 5065 -6740 10,000 Liquor Fund Store #3 Digital Camera Security System 5095 -6740 10,000 Storm Water Utility Storm water management plan update 5505 -6235 15,000 Storm Water Utility Long and Scout Lake improvements 5505 -6735 167,000 ADOPTED this 22 day of December, 2015. Mary Hamann - Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk :�0 ITEM: 4.G. 000 Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Changes to Public Works Department Policy Manual Staff Contact: Department/ Division: Matt Saam, Public Works Director Public Works Department ACTION REQUESTED: Adopt resolution approving changes to the Public Works Department Policy Manual, by revising Section 5.02 Maintenance Personnel Uniform Policy; and 5.03 Non -Union Personnel Uniform Policy. SUMMARY: Attached for City Council consideration are revisions to Section 5.02; and Section 5.03 Personnel Uniform Policy. The Public Works Department reviews the Department Policy Manual annually and provides recommended revisions based on current practices and community service needs. The following is a summary of the recommended changes to the manual. Section 5.02 Maintenance Personnel Uniform Policy; and 5.03 Non -Union Personnel Uniform Policy • Amend annual boot reimbursement from the current $150 amount to a $200 maximum. BACKGROUND: The annual boot reimbursement has been at the current amount of $150 since 1996. The Labor Management Committee has been discussing this topic over the last year. Data from other cities was reviewed by the Committee which showed many cities at the $200 amount. Given this and the fact that the City has been at the same amount for nearly 20 years, the Committee recently met and recommended increasing the reimbursement amount to $200. BUDGET IMPACT: The proposed increase to $200 is a $50 /employee increase over the current amount. There are approximately 64 employees (43 public works and 21 parks) eligible for the boot reimbursement. The net impact of the proposed increase is $3,200, split between the various division budgets. Staff intends to manage the existing division budgets to accommodate the proposed increase in the boot reimbursement. ATTACHMENTS: Resolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2015 - A RESOLUTION APPROVING CHANGES TO THE PUBLIC WORDS DEPARTMENT POLICY MANUAL, BY REVISING SECTIONS 5.02 MAINTENANCE PERSONNEL UNIFORM POLICY AND SECTION 5.03 NON -UNION PERSONNEL UNIFORM POLICY WHEREAS, the League of Minnesota Cities encourages municipalities to develop written policies to guide practices and procedures for certain public works services; and WHEREAS, the Public Works Department has consolidated current public works related policies into a Public Works Department Policy Manual; and WHEREAS, City staff has recommended revisions to certain sections of said policy manual. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: Revisions to Section 5.02 Maintenance Personnel Uniform Policy; and Section 5.03 Non - Union Personnel Uniform Policy to the Public Works Department Policy Manual are hereby approved, effective January 1, 2016. ADOPTED this 22nd day of December, 2015. Mary Hamann - Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk SECTION 5 — GENERAL POLICIES Public Works Department Policies City of Apple Valley 2. BOOTS Actual cost up to $ 200 per year toward purchase or repair of work or snow boots or accessories such as heel inserts, laces, re- soling. The boot must be a sturdy leather boot with a minimum ankle support of six inches. If an employee prefers a blend of cordura nylon /leather or Kevlar® /leather, that boot may be acceptable but only with prior approval from the employee's supervisor. No tennis shoes or canvas type shoe may be purchased under this policy. The City has accounts set up at the following boot suppliers: Red Wing Shoes in Apple Valley, Nokomis shoe shop, and Delegard Tool Company. (This list is subject to change.) Boots may be charged to the City's account. If purchased elsewhere, a receipt must accompany the request for reimbursement. 3. SHORTS a. Employees may wear shorts when both of the following conditions are met: 1) From May 1 through September 30, on days when the anticipated temperature is 80 degrees or greater. (Forecast from National Weather Service.) 2) The employee is assigned a task the Supervisor /Superintendent has approved for shorts. Employees may not wear shorts while performing the following tasks: • Asphalt work /pavement patching • Use of push mower, weed whip, or power hedge trimmer • Chainsaw, chipper, brush work • Pesticide /chemical use • Welding or torch work • Lift station repair • Entering confined spaces • Work in the water treatment plant /wells b. Type of shorts permitted 1) Style: Shorts must be neat and suitable for a business environment and contact with the public. They must be of original manufacture with hem. "Baggy" style shorts are not allowed. Shorts must be of jeans or trouser weight. Shorts must not be more than two inches above the top of the kneecap. 2) Color: Shorts must be solid dark blue, black, or khaki in color. c. Purchase of Shorts Employees are responsible for purchasing their own shorts. Shorts purchases do not qualify for reimbursement under the City of Apple Valley uniform program. d. Other procedures for wearing shorts 1) When wearing shorts, employees must follow all other provisions of the City's uniform policy. Section 5.02: Page 2 SECTION 5 —GENERAL POLICIES Public Works Department Policies City of Apple Valley 5.03 NON -UNION PERSONNEL UNIFORM POLICY A. Purpose This policy is intended to establish a Uniform Policy for Building Inspection, Construction Inspection, and Natural Resources personnel defined by the City's Pay and Benefit Plan resolution. Employee's appearance and dress should always be appropriate for the public service environment, reflect favorably on the City's image, easily identify the employee as a City employee, and contribute to job and workplace safety. B. Scope This policy applies to the positions of Building Inspector (Residential and Commercial), Natural Resources Coordinator, Construction Coordinator, Engineering Technician, Water Quality Technician, and Erosion Control Technician. C. Policy This Uniform Policy has been adopted by the City administration and a Uniform Coordinator assigned to assist with purchasing, tracking, and coordinating the policy. Questions or concerns regarding this policy should be directed to the employee's Supervisor, Department Head, or Human Resources. Employees are required to wear the uniforms provided unless previously authorized by the supervisor. Employees are required to wear uniform clothing that is neat, clean, and well maintained, and to observe good grooming and personal hygiene practices. D. Procedures 1. UNIFORM CLOTHING ISSUE FOR NEW EMPLOYEES Item Quantit Description a. Work Shirts 10 Various styles and colors including sweatshirts. b. Jackets /Vest Combination of 2 of the following: 1 Twill vest, quilt lined 1 Twill jacket, quilt or blanket lined 1 Lightweight baseball jacket c. Coat 1 Hi Viz 3 in 1 coat with hood d. Bibs 1 Insulated twill bibs with zipper to knee or hip (Natural Resources staff only.) 2. BOOTS Actual cost up to $4&9$200 per year toward purchase or repair of work or snow boots or accessories such as heel inserts, laces, re- soling. The boot must be a sturdy leather boot with a minimum ankle support of six inches. If an employee prefers a blend of cordura nylon /leather or Kevlar® /leather, that boot may be acceptable but only with prior approval from the employee's supervisor. No tennis shoes or canvas type shoe may be purchased under this policy. The City has accounts set up at the following boot suppliers: Red Wing Shoes in Apple Valley, Nokomis shoe shop, and Delegard Tool Company. (This list is subject to change.) Section 5.03: Page 1 0*0 ITEM: 4.H. 0000 000 •mss Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Sub - Recipient Agreement with Dakota County Community Development Agency (CDA) for FY 2015 Community Development Block Grant (CDBG) Staff Contact: Department / Division: Thomas Lovelace, City Planner Community Development Department Applicant: Project Number: Dakota County Community Development Agency PC10- 44 -Misc. Applicant Date: 11/2/2015 60 Days: 120 Days: ACTION REQUESTED: Motion to approve the CDBG Sub - Recipient Agreement for Fiscal Year 2015 and authorize the City Administrator to execute the necessary documents on behalf of the City. SUMMARY: Attached is information pertaining to a request for approval of the Sub - Recipient Agreement Between the Dakota County Community Development Agency (CDA) and City of Apple Valley for Community Development Block Grant Funded Programs. This agreement will cover CDBG activities that are directly administered by the City for Fiscal Year 2015, which began July 1, 2015 and ends June 30, 2017. The sub - recipient agreement identifies the City's federal compliance requirements, obligations, and responsibilities as a sub - recipient that ensures that the CDBG funds will be used to meet the national objectives of providing activities that will benefit low /moderate income persons, aid in the prevention or elimination of slums and blight, and meet community development needs. Approval of the agreement allows the City to continue to distribute CDBG funds to DARTS (Dakota Area Resources and Transportation for Seniors) for their Outdoor Chore and Homemaking Programs. The 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. The Homemal6rig Service Program assists seniors with housekeeping, laundry, and other indoor chores. Services may also include grocery shopping and errands. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Memo Agreement Exhibit 11 7A4 Dakota County 1228 Town Centre Drive I Eagan, MN 55123 nk E Community Development PHONE 651- 675 -4400 1 Too /ary 711 Agency www.dakotacda.org CD;K MEMORANDUM TO: Dakota County CDBG Subrecipients FROM: Lisa Alfson, Director of Community and Economic Development DATE: November 2, 2015 RE: CDBG Subrecipient Agreements — Program Year 2015 Please find enclosed two copies of your Subrecipient Agreement for the Community Development Block Grant (CDBG) program for Fiscal Year 2015 (July 1, 2015 through June 30, 2017) (the "Agreement "). This Agreement is necessary for every city or township that directly administers a CDBG- funded activity. The Agreement only covers those activities that you directly administer, so it will not necessarily include all CDBG funding that you receive (i.e., residential rehab loans administered by the CDA). You must also execute a similar agreement between yourself and any other organization that administers a CDBG - funded activity on your behalf. The Agreement will be in place for the next two (2) program years; Exhibits A -D will change annually or as necessary. Therefore, you will see Section I. Time of Performance now refers to Fiscal Years 2015 through 2016. This year, significant time was spent reformatting the Agreement, making it difficult to provide all of the changes in a tracked manor. But I would like to highlight some of the more significant changes including: 1. Section III. — Extended language was added to further explain the Federal requirements each Subrecipient must comply with in order to utilize CDBG funding. 2. Section IV.D.— Previously, any real property acquired with CDBG funds in excess of $25,000 would be subject to reimbursement to the Grantee until five (5) years after the Subrecipient no longer participated in the CDBG Entitlement program. The Agreement now imposes a five (5) year timeline from the expiration of the agreement. In both cases, the use of the real property must meet a national objective during the five (5) years. 3. Section VIII.B & C — HUD now requires the expenditure of grant allocations to the Subrecipient within four (4) years for receiving CDBG funds. The expenditure deadlines can found on Exhibit A and any funds that are at risk of being recaptured as a result. 4. Exhibits — The exhibit portion of the Agreement was condensed and rearranged. Annually, the Agreement will amend exhibits A -D. I have included two originals for your signature; please sign both and return one fully executed to me and keep one for your files. Please sign and return the Agreement as soon as possible. CDBG reimbursements for 2615 activities cannot occur until the Agreement is fully executed and received. Each Subrecipient may decide whether city council action is needed prior to the execution of the Agreement; the CDA does not require council action. Please feel free to contact me at 651- 675 -4467 if you have any further questions. Enclosure SUBRECIPIENT AGREEMENT BETWEEN DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF APPLE VALLEY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROGRAMS THIS AGREEMENT entered into this day of , 2015 by and between the Dakota County Community Development Agency (herein called the "Grantee ") and the City of Apple Valley (herein called the "Subrecipient "), which pertains to a time period that begins and ends as identified in Section I of this Agreement based on each year's Funding Approval/Agreement (Exhibit B) approved by the U.S. Department of Housing and Urban Development ( "HUD "), which identifies July 1 as the date use of funds may begin; and WHEREAS, the Grantee is the administering agency for funds received from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93 -383, to Dakota County as an Urban Entitlement County under the Community Development Block Grant (CDBG) Program; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Grantee and Subrecipient agree as follows: I. TIME OF PERFORMANCE Services of the Subrecipient shall start on the first day of July 2015 and end on the last day of June 2017, which is the current Fiscal Year 2015 and the 5 -year term associated with the CDBG, HOME and ESG Cooperative Agreement for Fiscal Years 2015 through 2016. This Agreement and the provisions herein remains in effect until it is replaced by a subsequent Subrecipient Agreement, II. SCOPE OF SERVICES The Subrecipient agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. A. Activities. The Subrecipient will be responsible for the administration of Activities identified in Exhibit A, in a manner satisfactory to the Grantee and consistent with any required standards. Exhibit A shall be amended each Fiscal Year in accordance to the Activities approved for and undertaken by the Subrecipient, including ongoing Activities from previous fiscal years. i. Prohibited Activities. The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; lobbying; political patronage; and nepotism activities. ii. Religious Activities. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by Page 1 of 44 Apple Valiey Subrecipient Agreement 24 CFR 570.2000)(2), such as worship, religious instruction, or proselytization. Faith -based organizations are eligible, on the same basis as any other organization to participate in CDBG programs and activities in accordance with 24 CFR 5.109(b) and 24 CRF 570.2000)(1) provided that the organizations do not engage in any inherently religious activities as part of the programs or services supported by CDBG funds. B. National Objectives. The Subrecipient will provide documentation to certify that the Activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's national objectives, including: (1) benefit low- and moderate income persons; (2) aid in the prevention or elimination of slums and blight; and (3) meet community development needs having a particular urgency. As required in 24 CFR Part 570.200(a)(2) and as defined in 24 CFR Part 570.208 (Exhibit E). C. Use of Funds. The Activities identified in Exhibit A can begin to incur costs no sooner than July 1 of each year or as indicated in Exhibit C. III. FEDERAL COMPLIANCE The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570, concerning CDBG including Subpart of these regulations, except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities described at § 570.604; and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR Part 52.The Subrecipient also agrees to comply with all other applicable Federal regulations and policies enumerated below as they apply to the performance of this Agreement. A. Citizen Participation Comply with all HUD citizen participation requirements under the Dakota County HOME Consortium Citizen Participation Plan (CPP) and conformance with 24 CFR 91.105. The CPP can be found on the Dakota County CDA website at www.dakotacda.state.mn.us B. Environmental Conditions Ensure program compliance with the following federal regulations. i. Air and Water. a. Clean Air Act, 42 U.S.C, 7401, et seq.; b. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; c. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. ii. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Page 2 of 44 r Apple Valley Subrecipient Agreement Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). iii. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. iv. Historic Preservation. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are 50 years old or older, or that are included on a Federal, state, or local historic property list. C. Environmental Review The Grantee shall insure that all Activities comply with environmental review requirements, unless otherwise stated herein. This would include the Grantee's completion of a study and assessment of each Activity in conformance with the National Environmental Policy Act of 1967. The Subrecipient shall furnish the Grantee a copy of any updated environmental report. D. Acquisition and Relocation The Subrecipient agrees to comply with all aspects of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. (Exhibit D). Page 3 of 44 f Apple Valley Subrecipient Agreement E. Labor Standards. The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 of seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Park 5. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7. The Subrecipient is required to insert in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The Grantee will be the contact for all contracts subject to such regulations and oversee the implementation of the hour and wage requirements of this part. The Grantee will maintain the documentation that demonstrates compliance. F. Affirmatively Furthering Fair Housing. In accordance with the Fair Housing Act (42 U.S.C. 3601- 3620), the subrecipient will administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. G. Equal Opportunity Compliance. The Subrecipient shall maintain compliance with the provisions of Section 3 of the HUD Act of 1968, as amended; Women and Minority Owned Businesses requirements; Federal Equal Employment Opportunity Act, Executive Orders and Civil Rights Act of 1964 as specified in 24 CFR 135.20. i. "Section 3" Clause. The Subrecipient agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located. Where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs. Award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located. Where feasible, priority should be given to business concerns that provide economic opportunities to low - and very Page 4 of 44 Apple Val €ey Subrecipient Agreement low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." ii. Women and Minority Owned businesses (WIMBE). The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African - Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. iii. Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. iv. All other Federal Acts or Regulations and requirements of HUD, including but not limited to Executive Order 11246 prohibiting discrimination in employment contracts, and directing government contracts to establish and maintain affirmative action. H. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a, The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds; Page 5 of 44 t e Apple Valley Subrecipient Agreement b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, or with respect to the proceeds from the CDBG - assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. I. Compliance with Common Rule and Uniform Administrative Requirements The Subrecipient shall comply with all applicable requirements at 24 CFR 570.502 and 2 CFR 200. IV. ADMINISTRATIVE REQUIREMENTS A. Records to be Maintained. The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; ii. Records required to determine the eligibility of activities; iii. Records of all program claims and disbursements. The Subrecipient shall prepare a Request for Reimbursement Form (Exhibit G) listing all claims certified and paid by the Subrecipient for Activities and submit this Form to the Grantee iv. Ensure compliance with 3 -day rule requirements once funds are received by the Subrecipient from the Grantee. v. Provide the Grantee with information necessary to submit reports as outlined in 24 CFR 570.507. vi. Submit to the Grantee quarterly progress reports of any outstanding Activities. The status report shall be submitted to the Grantee by or before the 30th of October, January, April, and July. B. Record Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to Agreement a period of three (3) years from the date of submission of the final expenditure report or three (3) years after the grant is closed, whichever is longer. Such records shall be made available for audit or inspection at any time upon request of the Grantee or its authorized representative. Page 6 of 44 Apple Valley Subrecipient Agreement Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the three -year period, then such records must be retained until completion of the actions and resolution of all issues. i. Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. ii. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited. Unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. C. Program Income The Subrecipient shall report all program income as defined in 24 CFR 570.500(a) generated by activities carried out with CDBG funds. The Subrecipient shall return all program income immediately to the Grantee except for revolving accounts approved by the Grantee. Program income will be disbursed according to the Program Income Policy attached as Exhibit H. D. Reversion of Assets. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds under this Agreement at the time of expiration, cancellation, or termination. Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be: i. Used to meet one of the national objectives in 24 CFR Part 570.208 (Exhibit E) until five (5) years after the expiration of this Subrecipient agreement; or ii. If the Subrecipient fails to use CDBG- assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five -year period. iii. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non -CDBG funds used to acquire the equipment]. E. Audit. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized Page 7 of 44 0 Apple Valfey Subrecipient Agreement representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. i. The Subrecipient shall make available an audit or, upon prior approval by the Grantee, a copy of their financial statements for the fiscal years the grant is in effect. Audits must be performed by a Certified Public Accountant in accordance with generally accepted auditing principles and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200, V. ADMINISTRATION COSTS In consideration of the prompt and efficient carrying out of the requirements of this Agreement and 24 CFR Part 570, Subpart J, the Subrecipient may request that the Grantee reimburse the Subrecipient based on general administration budgets identified in Section VI. Such administration costs shall come solely from CDBG sources. Accurate records of administrative costs shall be kept by the Subrecipient, and billing shall be made at such times as are convenient to implement the Grantee's requisition for funds from HUD and no less frequently than quarterly. For the purposes of this Agreement, general administration costs are defined as follows: A. Salary costs actually incurred by the Subrecipient for time expended by its employees on all phases of the activity /project. i. Accrual costs such as flex leave /vacation or a severance pool are disallowed. B. Mileage, supplies and publication costs. C. Proportionate share of allowable overhead expenses figured on time expended basis. D. Costs incurred through attendance at applicable development conferences within the term of this Agreement, including registration fees and travel expenses. Conference attendance shall be for the purpose of gaining additional information on CDBG regulations and /or program activity implementation. VI. BUDGET. This Agreement replaces all previous Subrecipient Agreements and is applicable to prior fiscal year(s) Activities which are not yet completed and to new Activities programmed for CDBG Grant Fiscal Years 2015 through 2016 as outlined in Exhibit A. It is understood that the Funding Approval/ Agreement (HUD 7082) which is attached hereto as Exhibit B is based upon program budgets reflecting actual receipt of CDBG funds from HUD of which a designated portion is allocated to the Subrecipient as the maximum amount available for each Fiscal Year. The annual allocation amount is based on a formula allocation provided by HUD and approved by the Dakota County Board of Commissioners. Some or all of the Subrecipient's total annual allocation will be administered by the Subrecipient and is covered by this Agreement. Page 8 of 44 Apple valley Subrecipient Agreement VI I. OBLIGATIONS AND RESPONSIBILITIES The Subrecipient agrees to assume and carry out the Grantee's obligations and responsibilities under: A. The Cooperation Agreements entered into between Dakota County and the Subrecipient concerning the Dakota County CDBG Program; and B. The Supplemental Agreements to the aforementioned Cooperation Agreements entered into between Dakota County and the Subrecipient. C. A Subrecipient's failure to comply with any provision of this Agreement may lead to corrective actions by the Grantee. The Grantee shall provide the Subrecipient with written notice of the Subrecipient's failure to comply with certain provisions. The Subrecipient will have fifteen (15) days upon receipt of the notice to respond in writing as to the corrective action that will be taken. Failure to respond to the notice and/or to implement the proposed corrective action(s) to the Grantee's sole and full satisfaction will cause the Grantee to take remedial action, including, but not limited to the following: i. Reimbursement requests will not be processed by the Grantee; ii. CDBG funds will be recaptured from the Subrecipient that have already been expended or obligated; and /or iii. The Grantee will terminate this Agreement. D. The Grantee has the right to require the Subrecipient to repay CDBG funds if any of the following conditions occur: i. HUD requires payback for any reason; ii. The Grantee has not been informed of a service or program change by the Subrecipient and has expended funds for such purposes; iii. The Grantee has decided that a cost was disallowed or unauthorized after the Subrecipient obligated such cost; or iv. The Subrecipient receives funds, rebates or interest on CDBG reimbursed expenses, and it has not forwarded these funds to the Grantee. VIII. PERFORMANCE MONITORING. The Grantee will monitor the progress and performance of the Subrecipient by timely expenditure of allocations and by conformance with CDBG program regulations. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement, If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. A. Timeliness. HUD requires that sixty (60) days prior to the end of the Grantee's program year, the amount of non - disbursed CDBG funds be no more than 1.5 times the entitlement grant for its current program year. The Subrecipient will be held to the same timeliness test and is expected to have no more than 1.5 times the allocation as of May 2nd each year. B. Grant -Based Accounting As of the 2015 Fiscal Year, HUD has implemented grant -based accounting for the CDBG program. The Subrecipient must expend grant allocations within four (4) years. The expenditure deadline can be found on Exhibit A. Page 9 of 44 4 Apple Valley Subrecipient Agreement C. Reallocation & Recapture. Reallocation of funds, if necessary to meet the 1.5 spenddown ratio requirement, will be done according to the CDBG Contingency Plan attached in Exhibit I. The Grantee has the right to recapture unexpended or unobligated funds that are older than four (4) years prior to the current Fiscal Year. Recaptured CDBG funds will be added to an approved county -wide CDBG Activity or a competitive pool. D. Quarterly Reporting The Subrecipient shall provide quarterly reporting to the Grantee by the 30th day of October, January, April, and July. Reporting shall include all outstanding Activities as listed on Exhibit A. E. Onsite Monitoring. The Grantee may perform onsite monitoring of the Subrecipient to assure compliance. Results of monitoring efforts shall be summarized in written reports and document follow -up actions to be taken to correct areas of noncompliance. IX, GENERAL CONDITIONS. The following shall apply to the Subrecipient and this Agreement: A. Independent Contractor For the purpose of this Agreement, the Subrecipient shall be deemed an independent contractor, and not an employee of the Grantee. Any and all employees of the Subrecipient or other persons, while engaged in the performance of any work or services required by the Subrecipient under this Agreement, shall not be considered employees of the Grantee; and any and all claims that may or might arise on behalf of said employees or other persons as a consequence of any act or omission on the part of said employee or the Subrecipient shall in no way be the obligation or responsibility of the Grantee. B. Hold Harmless It is further agreed that the Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, demands, actions, judgements or causes of action arising out of any act or omission on the part of the Subrecipient, its agents, servants, or employees in performance of, or with relation to, any of the work or services performed or furnished by the Subrecipient under the terms of the Agreement. It is further agreed that the Subrecipient shall notify the Grantee of any actual or potential claims against the Grantee that may arise as a consequence of any of the work or services performed or furnished by the Subrecipient under the terms of this Agreement. C. Transfer The Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment or subcontract, without the prior written consent of the Grantee. D. Amendments Any alteration, variation, modification, or waiver of a provision of this Agreement shall be valid only after it has beer', reduced to writing and duly signed by both parties with the exception of Administrative Amendments Page 10 of 44 Apple Valley Subrecipient Agreement defined as any revision to the original annual budget (Exhibit A). Any request to amend the annual budget, create or cancel an activity, or change the national objective will require written approval by the Subrecipient and may be subject to the Citizen Participation Plan. The Grantee retains the right to make Administrative Amendments without the approval of the Subrecipient for substandard performance of timely expenditure. E. Waiver. The waiver of any of the rights and /or remedies arising under the terms of this Agreement on any one occasion by either party hereto shall not constitute a waiver of any rights and /or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive. F. Liability Notwithstanding any other provision of this Agreement to the contrary, the Subrecipient shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this Agreement by the Subrecipient, and the Grantee may withhold any payments to the Subrecipient for the purpose of set -off until such time as the exact amount of damages due the Grantee from the Subrecipient is determined. G. Entire Agreement This Agreement, as well as Exhibits A through 1, which are attached hereto and incorporated herein by reference, shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. H. HUD Approval It is expressly understood between the parties that this Agreement is contingent upon the approval of HUD and its authorization of grant monies to the Grantee for the purpose of this Agreement. I. Violation of Law Should any of the above provisions be subsequently determined by a Court of competent jurisdiction to be in violation of any Federal or State Law or to be otherwise invalid, both parties agree that only those provisions so adjudged shall be invalid and that the remainder of this Agreement shall remain in full force and effect. J. Discrimination The Subrecipient agrees to comply with all Federal, State and local laws and ordinances as they pertain to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. K. Applicable Laws The Subrecipient further agrees to comply with all Federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Subrecipient performance of the provisions of this Agreement. L. State Law This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Page 11 of 44 Apple Walley Subrecipient Agreement M. Suspension and Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any of the provisions hereof, and the award may be terminated for convenience in accordance with 24 CFR 85.44. Such termination shall occur thirty (30) days after receipt by the Subrecipient of written notice from the Grantee specifying the grounds therefore, unless, prior to such date, the Subrecipient has cured the alleged nonperformance of the provisions of this agreement. X. CERTIFICATION FOR CONTRACT, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The Subrecipient certifies, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. D. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this agreement imposed by section 1332, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 12 of 44 NOTICE Written notice to be provided under this Agreement shall be provided as follows: For the Grantee: Kari Gill, Acting Executive Director Dakota County CDA 1228 Town Centre Drive Eagan, MN 55123 For the Subrecipient: Torn bawell, City Administrator City of Apple Valley 7100 147th St W Apple Valley, MN 55124 IN WITNESS WHEREOF, the Grantee and the Subrecipient have executed this Subrecipient Agreement on the date indicated below. City of Apple Valley Dakota County CDA The Subrecipient The Grantee By By Kari Gill Its Its Actinq Executive Director Date of Signature Date of Signature l� Page 13 of 44 EXHIBITS A. Apple Valley CDBG Activities and Budgets B. Funding Approval /Agreement (HUD 7082) C. Authority to Use Grant Funds (HUD 7015.16) D. Dakota County Anti - Displacement Policy E. 24 CFR Part 570.208 (National Objectives) F. 24 CFR Part 570.600 -614 (Subpart K) G. Request for Reimbursement Form H. Program Income and Reuse Policy I. Contingency Plan/Timeliness of Expenditures Page 14 of 44 Apple Valley Subrecipient Agreement Exhibit A EXHIBIT A TO SUBRECIPIENT AGREEMENT DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF APPLE VALLEY CDBG funds will be committed to the following Activities after July 1, 2015. Exhibit A will be amended as needed on an annual basis through the term of this Agreement. CURRENT YEAR ALLOCATION -- 2015 All funds must be expended by June 30, 2019 Activity 1: HOMEOWNER REHABILIATION LOAN PROGRAM • Description: The Homeowner Rehabilitation Loan Program is to assist low and moderate income homeowners in improving and maintaining their homes in a decent, safe and sanitary condition. The program offers 0% deferred loans to homeowners at 80% of median income or below. • Schedule. Ongoing • Budget: $113,051 ➢ Activity 2: PUBLIC SERVICE — DARTS SENIOR CHORE SERVICE • Description: Program assists Apple Valley senior residents with outdoor home maintenance chores such as snow removal, lawn mowing, weeding gardens, and small tree /shrub trimming. The Homemaking service provides seniors help with housekeeping, laundry, and other indoor chores • Schedule: Ongoing • Budget: $12,000 ALLOCATION YEAR — 2014 All funds must be expended by June 30, 2018 Activity 1: HOMEOWNER REHABILIATION LOAN PROGRAM • Description: The Homeowner Rehabilitation Loan Program is to assist low and moderate income homeowners in improving and maintaining their homes in a decent, safe and sanitary condition. The program offers 0% deferred loans to homeowners at 80% of median income or below. • Schedule: Ongoing • Remaining Budget as of 9/30/2015: $22,318.63 Page 15 of 44 Apple Valley Subrecipient Agreement Exhibit A Activity 2: PUBLIC SERVICE — DARTS SENIOR CHORE SERVICE • Description: Program assists Apple Valley senior residents with outdoor home maintenance chores such as snow removal, lawn mowing, weeding gardens, and small tree /shrub trimming. The Homemaking service provides seniors heap with housekeeping, laundry, and other indoor chores • Schedule: Ongoing • Remaining Budget as of 9130/2015: $7,874.15 ALLOCATION YEARS SUBJECT TO RECAPTURE Any funds listed below may be subject to recapture as discussed in Section Vlll of the Agreement if not expended by June 30, 2016. y No funds subject to recapture. Page 16 of 44 Apple Valley Subrec#ent Agreement Exhibit B EXHIBIT B TO SUBREGIPIENT AGREEMENT Funding Approval /Agreement U.S. Department of Housing and Urban Development Title I of the dousing and Community Office of Community Planning and Development Development Act (Public Law 930383) Community Development Block Grant Program OMB Approval No. HI- 005158 of 20515R 2506 -0193 (exp 113 1120 1 5) 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3a, Grantee's 9 -digit Tax 3b. Grantee's DUNS Number 4. Date use of funds may begin ID Number: mmldd Dakota County 41 1253302 963108121 ( �� 2. Grant's Complete Address (as stows In item 5 of Standard Form 424) 5a. ProjecVGfant No. i 8a. Amount Approved Community Development Authority B15 UC 0003 $1, 672,367.00 Administration Center 5b. Pro)acVGrant No. 2 6b. Amount Approved 1590 West Highway 55 Hastings, MN 55033 -2343 5c ProjectlGrontNo.3 6c. Arnount Approved Grant Agreement: This Gram Agreement behveen the Department of Housing and Urban Development {HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing mid Community Development Act of 1973, as amended, (42 USC 5361 et scq.). The Grantee's submissions for Tide I assistance, the HUD regulations as 24 CFR Pan 570 (as now in effect and as may be amended ftom time to time), and this Funding Approval, including any special conditionsaddendums, constitute pan of the Agreement. Subject to the provisions of this Grant Agreement, HUD wrli make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parries. The funding assistance specified in the Funding Approval may be used to pay costs incurred afier the date specified in item 4 above provided the activities to which such costs are related are earned out in compiiance with all applicable requirements. Pre- agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approeal. The Grantee agrees to asswne all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(8) of Title I and published in 24 CFR Part 59 . The Grantee further acknowledges its responsibility for adherence to site Agreement by sub- recipicn€ entities to which it makes fundin g assistance hereunder available. U.S. Department of I-Iousing and Urban Development (By Name) Grantee Name Michele K. Smith Dakota County Title T CPD Director �p}� n � vw •} qrl lC SJna flu .tllL� d b F LU1J Sip. .rr i j , Data( mldd yfl} f C Z" 4 c i 7. Category of 7% 1 Assistance for this Funding Acton 8 Special conditions gar Da Submission 10. c one (check only an (check one) (che one) (mndttriyyyyy) !18!2015 a.Orlg.Futading K a. Entitlement, Sec 108 {b) ❑ Nona W Date Grantee Notified Approval ❑ b. State- Administerad, Sec Attacnad (m Ndd y ❑ b. Amendment c. HUD-Administered Small cities, See IDO(d)(2)(B) 9c. Date ai tart Program Year Amendment Number [] d. Indian COBG Programs, See 109(x)(1) (mmyddtyyyy) 07MU2015 ❑ e. Surplus Urban Renewal Funds, Sac 112(b) 11. Amount of Community Development ❑ f. Special Purpose Grants, See 107 Block Grant FY 15 FY ( } FY ( } ® 9 Loan Guarantee, Sac 108 a. Funds Reserved for this Grantee $1,672,367.00 b. Funds now being Approved c. ReservailDn to be Cancellod 1la minus tub 12a, Amount of Loan Guarantee commitment now being Approved t 2b. Name and € complete Address of Pubic Agency Loan Goo runtee Acceptance Provisions for ft sigumed Agencies: The public agency hereby accepts Ow Grant Agreement ewcuied by the Depanment of dousing and Urhan Development on the above date with respect to the above grant ntunher(s) as Graurec designated to receive 12c. Name of Authorized Official for Designated Public Agency loan guarantee assrsimce, and agrees to comply with the terms and condrtions of the Agnxruem, applicable regulations, and other requirerttents of HUT) now or hereafter in effect, pertaining t th Title assistance provided it. Sign'a'ture HUD Accounting use Only Effective Data Batoh TAC Program l Y A Reg Area Dooummant No. Project Number Category Amount (mmkidiyyyy) F 1 [11 0 0 0 [D ED] 0 Y Project Number Amount a Y Pr ect Number Amount — T Dale Entered PAS (mrn/ddyyyyy) Dale Entered LOCCS (mm ddlyyyy) ate t Number ransacion Cade Entered By Verified By 24 CFR 570 form HUD -7082 (11110) Page 17 of 44 Apple Valley Subrecipient Agreement Exhibit C EXHIBIT C TO SUBRECIPIENT AGREEMENT Authority to Use U.S. Department of Housing and Urban Development Grant Funds Office of Community Planning and Development To: (name a address of Grant Recipient & name & tine of Chtef Executive officer) Copy To: (name S address of SubReciptent) Dakota County CDA Lisa Atfson 4226 Town Centre Dr. Eagan, MN 55123 We received your Request for Release of Funds and Certification. form HUD- 7015.15 on 5126/2015 Your Reque was for i IUD /S tate Iden tification plumber Q- 15 -UC -27 -00 All objections. if received, have been considered. And the minirnum waiting period has transpired. You are hereby authorized to use funds provided to you under the above IIUD State Identification Number. File this form for proper record keeping, audit, and inspection purposes. CDBG 2015 Activities Release Date. 6!1112015 Typed Name of Authonzmg Officer Signature of Authorizing Officer Date Immidd /yyyyy Michele K. Smith (� Title of Authorizing Officer x �ti]/ CPD Director ! J { / ! fofm HUD•7015.16 (2194) Previous editions are obsolete. ref. Handbook 6513.01 Page 18 of 44 Apple Valley 5ubredpient Agreement Exhibit D EXHIBIT D TO SUBRECIPIENT AGREEMENT 2015 DAKOTA COUNTY ANTI - DISPLACEMENT POLICY PART i. MINIMIZING DISPLACEMENT It is the goal of Dakota County to minimize displacement of persons from their homes and neighborhoods when utilizing Community Development Block Grant (CDBG) or HOME Investments Partnership Program (HOME) funds. Displacement has been defined as the involuntary movement of a household from a dwelling as a result of its acquisition, rehabilitation or demolition when funded in whole or in part with CDBG or HOME funds, or if funded with non - CDBG /HOME when the activity is a prerequisite for some other CDBG /HOME funded activity. Displacement also includes involuntary movement of a business from a commercial property. In an effort to minimize displacement of households, the following steps will be taken; 1. With the exception of lead based paint hazard reduction, owner occupied properties will not be rehabilitated if displacement is expected to occur. To safely reduce the hazards of lead based paint, the occupants must vacate the impacted areas until a clearance test determines the area is safe. When the impacted areas include the sole means of entry or all entries to the dwelling, the kitchen or food preparation areas, or the sole bathroom or all bathrooms, or the entire dwelling area, the occupants must completely vacate the unit until a successful clearance test is received after the completion of the lead based hazard reduction work. Relocation is voluntary. The homeowner will sign a waiver form acknowledging that they are relocating voluntarily, and that the CDA is not responsible for any costs associated with the relocation, other than a stipend payment of $500,00 that is payable to the homeowner when it is necessary to vacate the residence for a continuous time of 24 hours (or one full day and one full night) during the course of the lead based paint hazard reduction work. 2. Businesses will not receive loans for rehabilitation or expansion if any residential displacement would occur as a result of the rehabilitation or expansion unless such activities are essential for economic development of a community. 3. If acquisition or demolition activities require displacement of a household, the acquiring entity will follow the procedures established in Part II (Displacement Action Policies). 4. Code enforcement activities and neighborhood groups will not receive CDBG or HOME funds, therefore eliminating the possibility of displacement through code enforcement or through the activities of a neighborhood group. PART II. DISPLACEMENT ACTION POLICIES A. Eligible households as defined by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the Uniform Act) that are displaced as a result of CDBG or HOME funded activities will be eligible for moving and/or rental payments at levels as described in the Uniform Act. 1. Persons displaced as a result of CDBG /HOME funded activities will be eligible for moving and/or rental payments at levels described in the Uniform Act. 2. Referrals will be made to agencies that furnish financial counseling, health and social services, or other services that may be helpful to displaced persons. Page 19 of 44 Apple Valley Subrecipient Agreement Exhibit a 3. Low and moderate income persons will be given a displacement priority for admission to Low Income Public Housing and Section 8 Housing Assistance Program in Dakota County.. 4. All affected persons will be informed of their rights under the policies and procedures set forth under the regulations in the Uniform Act, including their rights under Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968. 5. The projects will be planned and implemented in a manner so as to minimize hardship to the site occupants and involve the least possible degree of displacement in accordance with the needs of the program and the persons displaced. 6. Efforts will be made to provide those persons to be displaced as a result of the activities of the project an opportunity to obtain comparable replacement housing that is: • within their financial means and meets their needs; • reasonably accessible to their places of employment, potential employment, transportation and other commercial and public facilities; and • available on a non- discriminatory basis 7. Displaced businesses will be eligible for benefits as required by the Uniform Act. B. Persons displaced through any rental rehabilitation activities will be assisted in accordance with the Uniform Act or through a process including the following actions: 1. Permanent displacement of a low income person or family will not occur as a result of CDBG or HOME funded activities unless: a. A rental assistance voucher or certificate is available to the person or family that allows them to move to a comparable affordable unit; or b. An acceptable comparable affordable unit is located for the person or family without the provision for rental assistance, and the person or family willingly moves to such a unit; and C. The acquiring entity follows the regulations of the Uniform Act. 2. If it is necessary to temporarily displace tenants in order to accomplish the rehabilitation, it is the responsibility of the owner of the rental unit to reimburse the tenants for their expenses or inconvenience associated with such temporary displacement, according to applicable state and federal laws. Page 20 of 44 Apple Valley Subrecipient Agreement Exhibit D Relocation, Displacement, and Replacement Housing Plan for the 2015 Dakota County CDBG Program In accordance with the requirements of 24 CFR 507.606 (c)(1)(iii), the following Plan has been prepared and shall be applicable to the activities listed herein funded through the Dakota County Community Development Block Grant Program (CDBG). This plan is public and is part of the Subrecipient Agreements between the Cities undertaking the activities and the Dakota County CDA governing administration of the CDBG Program. The following activities involve vacant structures and/or voluntary transactions. If involuntary displacement occurs, the acquiring entity will follow provisions of the Uniform Act. 1. Proposed CDBG Activities 'Which Involve Acquisition, Demolition, or Conversion A. South St. Paul —Acquisition and demolition of substandard, blighted, and dilapidated residential properties in the City of South St. Paul. B. Inver Grove Heights —Acquisition and demolition of substandard and blighted property located in the 100 -year floodplain. 2. Location and Type of Housing Units Affected; Actions to be Taken A. South St. Paul - Housing units acquired and demolished will be located throughout the City of South St. Paul. Units affected will be those units that are vacant, uninhabitable, under code enforcement orders, repossessed by the VA or FHA, or otherwise substandard or causing a blighting influence on the surrounding neighborhood. Some acquisitions may be owner initiated. Acquired units will undergo an inspection to determine the feasibility of rehabilitation. When rehabilitation is physically and economically infeasible, acquired units will be demolished. Public notices will announce the units identified for acquisition and demolition or rehabilitation. The South St. Paul HRA anticipates that acquired properties will be vacant or the residents will voluntarily relocate, if involuntary displacement does occur, the South St. Paul HRA will follow the provisions of the Uniform Act B. Inver Grove Heights - Property acquired will be located along Doffing Ave. between 66t St. and 63r St., including property fronting on 65 1h St., 64" St., and 63r St. Both residential and commercial property may be acquired. Residential property in this area is generally of lower value than in other nearby neighborhoods due to the blighting influence of the floodplain and the mix of usages in the area, and thus is more affordable to lower income persons. As properties are identified for acquisition and clearance, the locations will be published. It is anticipated that properties being acquired will be vacant or voluntarily acquired with no threat of condemnation or eminent domain by the City. If involuntary displacement does occur, the provisions of the Uniform Act will be followed. The activities under this project will generally occur between July 1, 2015 and June 30, 2016. 3. Schedule for Project Implementation The activities under this project will generally occur between July 1, 2015 and June 30, 2016. 4. Replacement Units Where units must be replaced in accordance with the regulations cited above, the Cities will cooperate and coordinate with the Dakota County CDA and the Twin Cities Chapter of Habitat for Humanity, or with other groups /entities as appropriate, to provide replacement units that are created either on the sites cleared or at other locations within the participation area for the Dakota County CDBG Program. Please see attached list for replacement units already constructed or in planning stages. 5. Ten Year Affordability Assurance The Family Housing units constructed, owned, and /or managed by Dakota County CDA are intended to be low and moderate income housing for the entire life of the units. Properties developed by private developers using tax credits must adhere to a fifteen (15) year period of affordability. If HOME funds assist with construction, units must remain affordable for twenty (20) years. Any unit used for the purpose of replacement housing will remain affordable for at least ten (10) years from the date of initial occupancy by the relocated household. Page 21 of 44 Apple Vadey Subrecipient Agreement Exhibit D DAKOTA COUNTY CDA REPLACEMENT UNITS AVAILABLE FOR THE 2015 ANTIDISPLACEMENT PLAN Note More details and updates can be found at www.dakotacda.org All developments have accessible units. Parkside — 122n Street, Burnsville Twenty -two units of low/moderate income rental housing for families opened for occupancy June 1992. This development includes 1 two bedroom accessible unit; 3 two - bedroom units; and 18 three bedroom units. Dakota County CDA is the property manager, Spruce Point — East of hwy 52, off of Chandler Lane, Inver Grove Heights Twenty -four units of low/moderate income rental housing for families opened for occupancy August 1995. This development includes 1 two- bedroom accessible unit; 4 two bedroom units; and 19 three bedroom units. Dakota County CDA is the property manager. Oak Ridge — South of Diffley & east of Johnny Cake Road,-Eagan Forty -two units of low/moderate income rental housing for families opened for occupancy August 1996. This development includes 2 two bedroom accessible units; 18 two bedroom units; and 22 three - bedroom units. Dakota County CDA is the property manager. Pleasant Rid e — North Frontage Road Hastings Thirty -one units of low/moderate income rental housing for families opened for occupancy August 1997. This development includes 2 two bedroom accessible units; 14 two - bedroom units; and 15 three bedroom units. Dakota County CDA is the property manager. Glenbrook -- Germaine Ave. Apple Valle Thirty -nine units of low/moderate income rental housing for families opened for occupancy in 1998. This complex contains 17 two bedroom units and 22 three bedroom units. Dakota County CDA is the property manager. Cedar Valley — Dodd and Cedar, Lakeville Thirty units of low/moderate income rental housing for families opened for occupancy in 1998. This complex contains 14 two bedroom units, 15 three bedroom units and 1 one bedroom accessible unit. Dakota County CDA is the property manager. Chasewood -- 155t Street, Apple Valley Twenty -seven units of low/moderate income rental housing for families opened for occupancy in 1999. This complex contains 14 two bedroom units and 13 three bedroom units. Dakota County CDA is the property manager. Country Lane — 210t Street West & Hamburg Ave., Lakeville Twenty -nine units of low/moderate income rental housing for families opened for occupancy in 2001. This complex contains 15 two bedroom units and 14 three bedroom units. Dakota County CDA is the property manager. Hillside Gables — Lexington Ave. & 135E, Mendota Heights Twenty -three units of low/moderate income rental housing for families opened for occupancy September, 2401. This complex contains 17 two bedroom units and 6 three bedroom units. Dakota County CDA is the property manager. Page 22 of 44 Apple Valley Subrecipient Agreement Exhibit D Marketplace — South Frontage Rd., Hastings Twenty -eight units of low/moderate income rental housing for families opened for occupancy September, 2002. This development includes 14 three bedroom units, 13 two bedroom units, and 1 one bedroom accessible unit. Dakota County CDA is the property manager. Heart of the City — East Traveler's Trail, 125 Street & 15t Ave, Burnsville Thirty -four units of low/moderate income rental housing for families opened for occupancy in 2003. This development includes 1 one bedroom unit, 21 two bedroom units, and 12 three bedroom units. Dakota County CDA is the property manager. Erin Place — Cedar Path, Eagan Thirty -four units of low/moderate income rental housing for families opened for occupancy in 2004. This development includes 24 two bedroom units and 10 three bedroom units. Dakota County CDA is the property manager. Cedar Villas — Villa Parkway, Eagan This development, owned by Shelter Corporation, was developed in conjunction with Erin Place with104 units, including 60 two bedroom units and 44 three bedroom units. This development is a mix of both affordable and market rate units. Prairie Crossing — Icefall Trail & Icefall Way, Lakeville Forty units of low/moderate income rental housing for families opened for occupancy in 2005. This development includes 20 two bedroom units and 20 three bedroom units. Dakota County CDA is the property manager. Lafayette — 50t Street East, Inver Grove Heights Thirty units of low/moderate income rental housing for families opened for occupancy in 2006. This development includes 1 one bedroom, 15 two bedrooms and 14 three bedrooms. Dakota County CDA is the property manager. West Village — South Frontage Rd, Hastings Twenty -one units of low/moderate income rental housing for families opened for occupancy in 2007. This development includes 11 two bedroom units and 10 three bedroom units. Dakota County CDA is the property manager. Carbury Hills — Connemara Trail, Rosemount Thirty -two units of low/moderate income rental housing for families opened for occupancy in 2008. This development includes 24 two bedroom units and 8 three bedroom units. Dakota County CDA is the property manager. Twin Ponds — 223 Street, Farmington Twenty -five units of low/moderate income rental housing for families opened for occupancy in 2009. This development includes 18 two bedroom units and 7 three bedroom units. Dakota County CDA is the property manager. An additional 26 units (Phase 11 of development) will be added to the development and ready for occupancy in summer 2012. Meadowlark — 210th Street and Holiday Ave., Lakeville Forty units of low/moderate income rental housing for families opened for occupancy in 2010. This development includes 10 three bedroom units, 24 two bedroom units and 6 one bedroom units. Dakota County CDA is the property manager. Page 23 of 44 Apple Valley 5ubrecipient Agreement Exhibit D Quarry View — Embry Path, Apple Valley Forty-five units of low/moderate income rental housing for families opened for occupancy mid -2011. This development includes 13 three bedroom units, 31 two bedroom units and 1 one bedroom accessible unit. Dakota County CDA is the property manager. Northwood — Northwood, Eagan Forty -seven units of low/moderate income rental housing for families opened for occupancy summer 2013. This development includes 10 three bedroom units, 22 two bedroom units and 2 one bedroom accessible units. Dakota County CDA is the property manager. Inver Hills — College Trail and Bower Path, Inver Grove Heights Twenty -four units of low/moderate income rental housing for families opened for occupancy January 2014. This development includes 10 three bedroom units, 13 two bedroom units and 1 two bedroom accessible unit. Dakota County CDA is the property manager, Riverview Ridge — Sibley Memorial Highway, Eagan Twenty -seven units of low/moderate income rental housing for families anticipated to open for occupancy summer 2014. This development includes 10 three bedroom units, 15 two bedroom units and 2 two bedroom accessible units. Dakota County CDA is the property manager. Page 24 of 44 Apple Valley 5ubrecipient Agreement Exhibit E EXHIBIT E TO SUBRECIPIENT AGREEMENT §570.208 Criteria for national objectives. The following criteria shall be used to determine whether a CDBG- assisted activity complies with one or more of the national objectives as required under §570.200(x)(2): (a) Activities benefiting low- and moderate - income persons. Activities meeting the criteria in paragraph (a) (1), (2), (3), or (4) of this section as applicable, will be considered to benefit low and moderate income persons unless there is substantial evidence to the contrary. In assessing any such evidence, the full range of direct effects of the assisted activity will be considered. (The recipient shall appropriately ensure that activities that meet these criteria do not benefit moderate income persons to the exclusion of low income persons.) (1) Area benefit activities. (i) An activity, the benefits of which are available to all the residents in a particular area, where at least 51 percent of the residents are low and moderate income persons. Such an area need not be coterminous with census tracts or other officially recognized boundaries but must be the entire area served by the activity. An activity that serves an area that is not primarily residential in character shall not qualify under this criterion. (ii) For metropolitan cities and urban counties, an activity that would otherwise qualify under §570.208(a)(1)(i), except that the area served contains less than 51 percent low- and moderate - income residents, will also be considered to meet the objective of benefiting low- and moderate - income persons where the proportion of such persons in the area is within the highest quartile of all areas in the recipient's jurisdiction in terms of the degree of concentration of such persons. This exception is inapplicable to non- entitlement CDBG grants in Hawaii. In applying this exception, HUD will determine the lowest proportion a recipient may use to qualify an area for this purpose, as follows: (A) All census block groups in the recipient's jurisdiction shall be rank ordered from the block group of highest proportion of low and moderate income persons to the block group with the lowest. For urban counties, the rank ordering shall cover the entire area constituting the urban county and shall not be done separately for each participating unit of general local government. (B) In any case where the total number of a recipient's block groups does not divide evenly by four, the block group which would be fractionally divided between the highest and second quartiles shall be considered to be part of the highest quartile. (C) The proportion of low and moderate income persons in the last census block group in the highest quartile shall be identified. Any service area located within the recipient's jurisdiction and having a proportion of low and moderate income persons at or above this level shall be considered to be within the highest quartile. (D) If block group data are not available for the entire jurisdiction, other data acceptable to the Secretary may be used in the above calculations. (iii) An activity to develop, establish, and operate for up to two years after the establishment of, a uniform emergency telephone number system serving an area having less than the percentage Page 25 of 44 Apple Valley subrecipient Agreement Exhibit E of low- and moderate- income residents required under paragraph (a)(1)(i) of this section or (as applicable) paragraph (a)(1)(ii) of this section, provided the recipient obtains prior HUD approval. To obtain such approval, the recipient must: (A) Demonstrate that the system will contribute significantly to the safety of the residents of the area. The request for approval must include a list of the emergency services that will participate in the emergency telephone number system; (B) Submit information that serves as a basis for HUD to determine whether at least 51 percent of the use of the system will be by low- and moderate- income persons. As available, the recipient must provide information that identifies the total number of calls actually received over the preceding 12 -month period for each of the emergency services to be covered by the emergency telephone number system and relates those calls to the geographic segment (expressed as nearly as possible in terms of census tracts, block numbering areas, block groups, or combinations thereof that are contained within the segment) of the service area from which the calls were generated. In analyzing this data to meet the requirements of this section, HUD will assume that the distribution of income among the callers generally reflects the income characteristics of the general population residing in the same geographic area where the callers reside. If HUD can conclude that the users have primarily consisted of low- and moderate - income persons, no further submission is needed by the recipient. If a recipient plans to make other submissions for this purpose, it may request that HUD review its planned methodology before expending the effort to acquire the information it expects to use to make its case; (C) Demonstrate that other Federal funds received by the recipient are insufficient or unavailable for a uniform emergency telephone number system. For this purpose, the recipient must submit a statement explaining whether the lack of funds is due to the insufficiency of the amount of the available funds, restrictions on the use of such funds, or the prior commitment of funds by the recipient for other purposes, and (D) Demonstrate that the percentage of the total costs of the system paid for by CDBG funds does not exceed the percentage of low- and moderate- income persons in the service area of the system. For this purpose, the recipient must include a description of the boundaries of the service area of the emergency telephone number system, the census divisions that fall within the boundaries of the service area (census tracts or block numbering areas), the total number of persons and the total number of low- and moderate - income persons within each census division, the percentage of low- and moderate - income persons within the service area, and the total cost of the system. (iv) An activity for which the assistance to a public improvement that provides benefits to all the residents of an area is limited to paying special assessments (as defined in §570.200(c)) levied against residential properties owned and occupied by persons of low and moderate income. (v) For purposes of determining qualification under this criterion, activities of the same type that serve different areas will be considered separately on the basis of their individual service area. (vi) In determining whether there is a sufficiently large percentage of low- and moderate- income persons residing in the area served by an activity to qualify under paragraph (a)(1) (i), (ii), or (vii) of this section, the most recently available decennial census information must be used to the fullest extent feasible, together with the Section 8 income limits that would have applied at the Page 26 of 44 Apple Valley subrecipientAgreement Exhibit E time the income information was collected by the Census Bureau. Recipients that believe that the census data does not reflect current relative income levels in an area, or where census boundaries do not coincide sufficiently well with the service area of an activity, may conduct (or have conducted) a current survey of the residents of the area to determine the percent of such persons that are low and moderate income. HUD will accept information obtained through such surveys, to be used in lieu of the decennial census data, where it determines that the survey was conducted in such a manner that the results meet standards of statistical reliability that are comparable to that of the decennial census data for areas of similar size. Where there is substantial evidence that provides a clear basis to believe that the use of the decennial census data would substantially overstate the proportion of persons residing there that are low and moderate income, HUD may require that the recipient rebut such evidence in order to demonstrate compliance with section 105(c)(2) of the Act. (vii) Activities meeting the requirements of paragraph (d)(5)(i) of this section may be considered to qualify under this paragraph, provided that the area covered by the strategy is either a Federally- designated Empowerment Zone or Enterprise Community or primarily residential and contains a percentage of low- and moderate - income residents that is no less than the percentage computed by HUD pursuant to paragraph (a)(1)(ii) of this section or 70 percent, whichever is less, but in no event less than 51 percent. Activities meeting the requirements of paragraph (d)(6)(i) of this section may also be considered to qualify under paragraph (a)(1) of this section. (2) Limited clientele activities. (i) An activity which benefits a limited clientele, at least 51 percent of whom are low- or moderate- income persons. (The following kinds of activities may not qualify under paragraph (a)(2) of this section: activities, the benefits of which are available to all the residents of an area; activities involving the acquisition, construction or rehabilitation of property for housing; or activities where the benefit to low- and moderate- income persons to be considered is the creation or retention of jobs, except as provided in paragraph (a)(2)(iv) of this section.) To qualify under paragraph (a)(2) of this section, the activity must meet one of the following tests: (A) Benefit a clientele who are generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit persons, 51 percent of whom are low- and moderate - income: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers; or (B) Require information on family size and income so that it is evident that at least 51 percent of the clientele are persons whose family income does not exceed the low and moderate income limit; or (C) Have income eligibility requirements which limit the activity exclusively to low and moderate income persons; or (D) Be of such nature and be in such location that it may be concluded that the activity's clientele will primarily be low and moderate income persons. Page 27 of 44 Apple Valley Subrecipient Agreement Exhibit E (ii) An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled" will be presumed to qualify under this criterion if it is restricted, to the extent practicable, to the removal of such barriers by assisting: (A) The reconstruction of a public facility or improvement, or portion thereof, that does not qualify under paragraph (a)(1) of this section; (B) The rehabilitation of a privately owned nonresidential building or improvement that does not qualify under paragraph (a)(1) or (4) of this section; or (C) The rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not qualify under paragraph (a)(3) of this section. (iii) A microenterprise assistance activity carried out in accordance with the provisions of §570.201(o) with respect to those owners of microenterprises and persons developing microenterprises assisted under the activity during each program year who are low- and moderate- income persons. For purposes of this paragraph, persons determined to be low and moderate income may be presumed to continue to qualify as such for up to a three -year period. (iv) An activity designed to provide job training and placement and /or other employment support services, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services, in which the percentage of low- and moderate- income persons assisted is less than 51 percent may qualify under this paragraph in the following limited circumstance: (A) In such cases where such training or provision of supportive services assists business(es), the only use of CDBG assistance for the project is to provide the job training and/or supportive services; and (B) The proportion of the total cost of the project borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income. (3) Housing activities. An eligible activity carried out for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by low- and moderate - income households. This would include, but not necessarily be limited to, the acquisition or rehabilitation of property by the recipient, a subrecipient, a developer, an individual homebuyer, or an individual homeowner; conversion of nonresidential structures; and new housing construction. If the structure contains two dwelling units, at least one must be so occupied, and if the structure contains more than two dwelling units, at least 51 percent of the units must be so occupied. Where two or more rental buildings being assisted are or will be located on the same or contiguous properties, and the buildings will be under common ownership and management, the grouped buildings may be considered for this purpose as a single structure. Where housing activities being assisted meet the requirements of paragraph §570.208 (d)(5)(ii) or (d)(6)(ii) of this section, all such housing may also be considered for this purpose as a single structure. For rental housing, occupancy by low and moderate income households must be at affordable rents to qualify under this criterion. The recipient shall adopt and make public its standards for determining "affordable rents" for this purpose. The following shall also qualify under this criterion: Page 28 of 44 Apple Valley Subrecipient Agreement Exhibit E (i) When less than 51 percent of the units in a structure will be occupied by low and moderate income households, CDBG assistance may be provided in the following limited circumstances:. (A) The assistance is for an eligible activity to reduce the development cost of the new construction of a multifamily, non - elderly rental housing project; (B) Not less than 20 percent of the units will be occupied by low and moderate income households at affordable rents; and (C) The proportion of the total cost of developing the project to be borne by CDBG funds is no greater than the proportion of units in the project that will be occupied by low and moderate income households. (ii) When CDBG funds are used to assist rehabilitation eligible under §570.202(b)(9) or (10) in direct support of the recipient's Rental Rehabilitation program authorized under 24 CFR part 511, such funds shall be considered to benefit low and moderate income persons where not less than 51 percent of the units assisted, or to be assisted, by the recipient's Rental Rehabilitation program overall are for low and moderate income persons. (iii) When CDBG funds are used for housing services eligible under §570.201(k), such funds shall be considered to benefit low- and moderate- income persons if the housing units for which the services are provided are HOME- assisted and the requirements at 24 CFR 92.252 or 92.254 are met. (4) Job creation or retention activities. An activity designed to create or retain permanent jobs where at least 51 percent of the jobs, computed on a full time equivalent basis, involve the employment of low - and moderate - income persons. To qualify under this paragraph, the activity must meet the following criteria: (i) For an activity that creates jobs, the recipient must document that at least 51 percent of the jobs will be held by, or will be available to, low- and moderate - income persons. (ii) For an activity that retains jobs, the recipient must document that the jobs would actually be lost without the CDBG assistance and that either or both of the following conditions apply with respect to at least 51 percent of the jobs at the time the CDBG assistance is provided: (A) The job is known to be held by a low- or moderate- income person; or (B) The job can reasonably be expected to turn over within the following two years and that steps will be taken to ensure that it will be filled by, or made available to, a low- or moderate - income person upon turnover. (iii) Jobs that are not held or filled by a low- or moderate - income person may be considered to be available to low- and moderate- income persons for these purposes only if: (A) Special skills that can only be acquired with substantial training or work experience or education beyond high school are not a prerequisite to fill such jobs, or the business agrees to hire unqualified persons and provide training; and Page 29 of 44 Apple Valley Subrecipient Agreement Exhibit E (B) The recipient and the assisted business take actions to ensure that low- and moderate - income persons receive first consideration for filling such jobs. (iv) For purposes of determining whether a job is held by or made available to a low- or moderate - income person, the person may be presumed to be a low- or moderate - income person if: (A) He /she resides within a census tract (or block numbering area) that either: (1) Meets the requirements of paragraph (a)(4)(v) of this section; or (2) Has at least 70 percent of its residents who are low- and moderate - income persons; or (B) The assisted business is located within a census tract (or block numbering area) that meets the requirements of paragraph (a)(4)(v) of this section and the job under consideration is to be located within that census tract. (v) A census tract (or block numbering area) qualifies for the presumptions permitted under paragraphs (a)(4)(iv)(A)(1) and (B) of this section if it is either part of a Federally- designated Empowerment Zone or Enterprise Community or meets the following criteria: (A) It has a poverty rate of at least 20 percent as determined by the most recently available decennial census information; (B) It does not include any portion of a central business district, as this term is used in the most recent Census of Retail Trade, unless the tract has a poverty rate of at least 30 percent as determined by the most recently available decennial census information; and (C) It evidences pervasive poverty and general distress by meeting at least one of the following standards: (1) All block groups in the census tract have poverty rates of at least 20 percent; (2) The specific activity being undertaken is located in a black group that has a poverty rate of at least 20 percent; or (3) Upon the written request of the recipient, HUD determines that the census tract exhibits other objectively determinable signs of general distress such as high incidence of crime, narcotics use, homelessness, abandoned housing, and deteriorated infrastructure or substantial population decline. (vi) As a general rule, each assisted business shall be considered to be a separate activity for purposes of determining whether the activity qualifies under this paragraph, except: (A) In certain cases such as where CDBG funds are used to acquire, develop or improve a real property (e.g., a business incubator or an industrial park) the requirement may be met by measuring jobs in the aggregate for all the businesses which locate on the property, provided such businesses are not otherwise assisted by CDBG funds. Page 30 of 44 Apple Valley Subrecipient Agreement Exhibit E (B) Where CDBG funds are used to pay for the staff and overhead costs of an entity making loans to businesses exclusively from non -CDBG funds, this requirement may be met by aggregating the jobs created by all of the businesses receiving loans during each program year. (C) Where CDBG funds are used by a recipient or subrecipient to provide technical assistance to businesses, this requirement may be met by aggregating the jobs created or retained by all of the businesses receiving technical assistance during each program year. (D) Where CDBG funds are used for activities meeting the criteria listed at §570.209(b)(2)(v), this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (E) Where CDBG funds are used by a Community Development Financial Institution to carry out activities for the purpose of creating or retaining jobs, this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (F) Where CDBG funds are used for public facilities or improvements which will result in the creation or retention of jobs by more than one business, this requirement may be met by aggregating the jobs created or retained by all such businesses as a result of the public facility or improvement. (1) Where the public facility or improvement is undertaken principally for the benefit of one or more particular businesses, but where other businesses might also benefit from the assisted activity, the requirement may be met by aggregating only the jobs created or retained by those businesses for which the facility/improvement is principally undertaken, provided that the cost (in CDBG funds) for the facility/improvement is less than $10,000 per permanent full -time equivalent job to be created or retained by those businesses. (2) In any case where the cost per job to be created or retained (as determined under paragraph (a)(4)(vi)(F)(1) of this section) is $10,000 or more, the requirement must be met by aggregating the jobs created or retained as a result of the public facility or improvement by all businesses in the service area of the facility/improvement. This aggregation must include businesses which, as a result of the public facility/improvement, locate or expand in the service area of the facility/improvement between the date the recipient identifies the activity in its action plan under part 91 of this title and the date one year after the physical completion of the facility/improvement. In addition, the assisted activity must comply with the public benefit standards at §570.209(b). (b) Activities which aid in the prevention or elimination of slums or blight. Activities meeting one or more of the following criteria, in the absence of substantial evidence to the contrary, will be considered to aid in the prevention or elimination of slums or blight: (1) Activities to address slums or blight on an area basis. An activity will be considered to address prevention or elimination of slums or blight in an area if: Page 31 of 44 Apple Valley Subrecipient Agreement Exhibit E (i) The area, delineated by the recipient, meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law, (ii) The area also meets the conditions in either paragraph (A) or (B): (A) At least 25 percent of properties throughout the area experience one or more of the following conditions: (1) Physical deterioration of buildings or improvements; (2) Abandonment of properties; (3) Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings; (4) Significant declines in property values or abnormally low property values relative to other areas in the community; or (5) Known or suspected environmental contamination. (B) The public improvements throughout the area are in a general state of deterioration. (iii) Documentation is to be maintained by the recipient on the boundaries of the area and the conditions and standards used that qualified the area at the time of its designation. The recipient shall establish definitions of the conditions listed at §570.208(b)(1)(ii)(A), and maintain records to substantiate how the area met the slums or blighted criteria. The designation of an area as slum or blighted under this section is required to be redetermined every 10 years for continued qualification. Documentation must be retained pursuant to the recordkeeping requirements contained at §570.506 (b)(8)(ii). (iv) The assisted activity addresses one or more of the conditions which contributed to the deterioration of the area. Rehabilitation of residential buildings carried out in an area meeting the above requirements will be considered to address the area's deterioration only where each such building rehabilitated is considered substandard under local definition before rehabilitation, and all deficiencies making a building substandard have been eliminated if less critical work on the building is undertaken. At a minimum, the local definition for this purpose must be such that buildings that it would render substandard would also fail to meet the housing quality standards for the Section 8 Housing Assistance Payments Program - Existing Housing (24 CFR 882.109). (2) Activities to address slums or blight on a spot basis. The following activities may be undertaken on a spot basis to eliminate specific conditions of blight, physical decay, or environmental contamination that are not located in a sham or blighted area: acquisition; clearance; relocation; historic preservation; remediation of environmentally contaminated properties; or rehabilitation of buildings or improvements. However, rehabilitation must be limited to eliminating those conditions that are detrimental to public health and safety. If acquisition or relocation is undertaken, it must be a precursor to another eligible activity (funded with CDBG or other resources) that directly eliminates the specific conditions of blight or physical decay, or environmental contamination. Page 32 of 44 Apple Valley Subrecipient Agreement Exhibit E (3) Activities to address slums or blight in an urban renewal area. An activity will be considered to address prevention or elimination of slums or blight in an urban renewal area if the activity is: (i) Located within an urban renewal project area or Neighborhood Development Program (NDP) action area; i.e., an area in which funded activities were authorized under an urban renewal Loan and Grant Agreement or an annual NDP Funding Agreement, pursuant to title I of the Housing Act of 1949; and (ii) Necessary to complete the urban renewal plan, as then in effect, including initial land redevelopment permitted by the plan. Note: Despite the restrictions in (b) (1) and (2) of this section, any rehabilitation activity which benefits low and moderate income persons pursuant to paragraph (a)(3) of this section can be undertaken without regard to the area in which it is located or the extent or nature of rehabilitation assisted. (c) Activities designed to meet community development needs having a particular urgency. In the absence of substantial evidence to the contrary, an activity will be considered to address this objective if the recipient certifies that the activity is designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community which are of recent origin or which recently became urgent, that the recipient is unable to finance the activity on its own, and that other sources of funding are not available. A condition will generally be considered to be of recent origin if it developed or became critical within 18 months preceding the certification by the recipient. (d) Additional criteria. (1) Where the assisted activity is acquisition of real property, a preliminary determination of whether the activity addresses a national objective may be based on the planned use of the property after acquisition. A final determination shall be based on the actual use of the property, excluding any short -term, temporary use. Where the acquisition is for the purpose of clearance which will eliminate specific conditions of blight or physical decay, the clearance activity shall be considered the actual use of the property. However, any subsequent use or disposition of the cleared property shall be treated as a "change of use" under §570.505. (2) Where the assisted activity is relocation assistance that the recipient is required to provide, such relocation assistance shall be considered to address the same national objective as is addressed by the displacing activity. Where the relocation assistance is voluntary on the part of the grantee the recipient may qualify the assistance either on the basis of the national objective addressed by the displacing activity or on the basis that the recipients of the relocation assistance are low and moderate income persons. (3) In any case where the activity undertaken for the purpose of creating or retaining jobs is a public improvement and the area served is primarily residential, the activity must meet the requirements of paragraph (a)(1) of this section as well as those of paragraph (a)(4) of this section in order to qualify as benefiting low and moderate income persons. (4) CDBG funds expended for planning and administrative costs under §570.205 and §570.205 will be considered to address the national objectives. Page 33 of 44 Apple Valley Subrecipient Agreement Exhibit E (5) Where the grantee has elected to prepare an area revitalization strategy pursuant to the authority of §91.215(e) of this title and HUD has approved the strategy, the grantee may also elect the following options. (i) Activities undertaken pursuant to the strategy for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii) All housing activities in the area for which, pursuant to the strategy, CDBG assistance is obligated during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (6) Where CDBG- assisted activities are carried out by a Community Development Financial Institution whose charter limits its investment area to a primarily residential area consisting of at least 51 percent low- and moderate - income persons, the grantee may also elect the following options: (i) Activities carried out by the Community Development Financial Institution for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii) All housing activities for which the Community Development Financial Institution obligates CDBG assistance during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (7) Where an activity meeting the criteria at §570.209(b)(2)(v) may also meet the requirements of either paragraph (d)(5)(i) or (d)(6)(i) of this section, the grantee may elect to qualify the activity under either the area benefit criteria at paragraph (a)(1)(vii) of this section or the job aggregation criteria at paragraph (a)(4)(vi)(D) of this section, but not both. Where an activity may meet the job aggregation criteria at both paragraphs (a)(4)(vi)(D) and (E) of this section, the grantee may elect to qualify the activity under either criterion, but not both. Page 34 of 44 Apple Valley Subredpient Agreement Exhibit F EXHIBIT F TO SUBRECIPIENT AGREEMENT Subpart K —Other Program Requirements §570.600 General. (a) This subpart K enumerates laws that the Secretary will treat as applicable to grants made under section 106 of the Act, other than grants to states made pursuant to section 106(d) of the Act, for purposes of the Secretary's determinations under section 104(e)(1) of the Act, including statutes expressly made applicable by the Act and certain other statutes and Executive Orders for which the Secretary has enforcement responsibility. This subpart K applies to grants made under the Insular Areas Program in §570.405 and §570.440 with the exception of §570.612. The absence of mention herein of any other statute for which the Secretary does not have direct enforcement responsibility is not intended to be taken as an indication that, in the Secretary's opinion, such statute or Executive Order is not applicable to activities assisted under the Act. For laws that the Secretary will treat as applicable to grants made to states under section 106(d) of the Act for purposes of the determination required to be made by the Secretary pursuant to section 104(e)(2) of the Act, see §570.487. (b) This subpart also sets forth certain additional program requirements which the Secretary has determined to be applicable to grants provided under the Act as a matter of administrative discretion. (c) In addition to grants made pursuant to section 106(b) and 106(d)(2)(B) of the Act (subparts D and F, respectively), the requirements of this subpart K are applicable to grants made pursuant to sections 107 and 119 of the Act (subparts E and G, respectively), and to loans guaranteed pursuant to subpart M. [53 FR 34456, Sept. 6, 1988, as amended at 61 FR 11477, Mar. 20, 1996; 72 FR 12536, Mar, 15, 2007] §570.601 Public Law 88 -352 and Public Law 90- 284;affirmatively furthering fair housing; Executive Order 11063. (a) The following requirements apply according to sections 104(b) and 107 of the Act: (1) Public Law 88 -352, which is title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1. (2) Public Law 90 -284, which is the Fair Housing Act (42 U.S.C. 3601- 3620). In accordance with the Fair Housing Act, the Secretary requires that grantees administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. Furthermore, in accordance with section 104(b)(2) of the Act, for each community receiving a grant under subpart D of this part, the certification that the grantee will affirmatively further fair housing shall specifically require the grantee to take meaningful actions to further the goals identified in the Page 35 of 44 Apple Valley Subrecipient Agreement Exhibit F grantee's AFH conducted in accordance with the requirements of 24 CFR 5.150 through 5.180 and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. (b) Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959 -1963 Comp., p. 652; 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing), and implementing regulations in 24 CFR part 107, also apply. [61 FR 11477, Mar. 20, 1996, as amended at 80 FR 42368, July 16, 20151 §570.602 Section 109 of the Act. Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR part 6. [64 FR 3802, Jan. 25, 1999] §570.603 Labor standards. (a) Section 110(a) of the Act contains labor standards that apply to nonvolunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. (b) The regulations in 24 CFR part 70 apply to the use of volunteers. [61 FR 11477, Mar. 20, 1996] §570.604 Environmental standards. For purposes of section 104(g) of the Act, the regulations in 24 CFR part 58 specify the other provisions of law which further the purposes of the National Environmental Policy Act of 1969, and the procedures by which grantees must fulfill their environmental responsibilities. In certain cases, grantees assume these environmental review, decisionmaking, and action responsibilities by execution of grant agreements with the Secretary. [61 FR 11477, Mar. 20, 1996] Page 36 of 44 Apple Valley Subrecipient Agreement Exhibit F §570.605 National Flood insurance Program. Notwithstanding the date of HUD approval of the recipient's application (or, in the case of grants made under subpart D of this part or HUD - administered small cities recipients in Hawaii, the date of submission of the grantee's consolidated plan, in accordance with 24 CFR part 91), section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) and the regulations in 44 CFR parts 59 through 79 apply to funds provided under this part 570. [61 FR 11477, Mar. 20, 1996] §570.606 Displacement, relocation, acquisition, and replacement of housing. (a) General policy for minimizing displacement. Consistent with the other goals and objectives of this part, grantees (or States or state recipients, as applicable) shall assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of activities assisted under this part. (b) Relocation assistance for displaced persons at URA levels. (1) A displaced person shall be provided with relocation assistance at the levels described in, and in accordance with the requirements of 49 CFR part 24, which contains the government -wide regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601- 4655). (2) Displaced person. (i) For purposes of paragraph (b) of this section, the term "displaced person" means any person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves his or her personal property from real property, permanently and involuntarily, as a direct result of rehabilitation, demolition, or acquisition for an activity assisted under this part. A permanent, involuntary move for an assisted activity includes a permanent move from real property that is made: (A) After notice by the grantee (or the state recipient, if applicable) to move permanently from the property, if the move occurs after the initial official submission to HUD (or the State, as applicable) for grant, loan, or loan guarantee funds under this part that are later provided or granted. (B) After notice by the property owner to move permanently from the property, if the move occurs after the date of the submission of a request for financial assistance by the property owner (or person in control of the site) that is later approved for the requested activity. (C) Before the date described in paragraph (b)(2)(i)(A) or (B) of this section, if either HUD or the grantee (or State, as applicable) determines that the displacement directly resulted from acquisition, rehabilitation, or demolition for the requested activity. Page 37 of 44 Apple Valley Subfecipient Agreement Exhibit F (D) After the "initiation of negotiations" if the person is the tenant - occupant of a dwelling unit and any one of the following three situations occurs: (1) The tenant has not been provided with a reasonable opportunity to lease and occupy a suitable decent, safe, and sanitary dwelling in the same building /complex upon the completion of the project, including a monthly rent that does not exceed the greater of the tenant's monthly rent and estimated average utility costs before the initiation of negotiations or 30 percent of the household's average monthly gross income; or (2) The tenant is required to relocate temporarily for the activity but the tenant is not offered payment for all reasonable out -of- pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporary location and any increased housing costs, or other conditions of the temporary relocation are not reasonable; and the tenant does not return to the building /complex; or (3) The tenant is required to move to another unit in the building /complex, but is not offered reimbursement for all reasonable out -of- pocket expenses incurred in connection with the move. (ii) Notwithstanding the provisions of paragraph (b)(2)(i) of this section, the term "displaced person -" does not include: (A) A person who is evicted for cause based upon serious or repeated violations of material terms of the lease or occupancy agreement. To exclude a person on this basis, the grantee (or State or state recipient, as applicable) must determine that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance under this section; (B) A person who moves into the property after the date of the notice described in paragraph (b)(2)(i)(A) or (B) of this section, but who received a written notice of the expected displacement before occupancy. (C) A person who is not displaced as described in 49 CFR 24.2(g)(2). (D) A person who the grantee (or State, as applicable) determines is not displaced as a direct result of the acquisition, rehabilitation, or demolition for an assisted activity. To exclude a person on this basis, HUD must concur in that determination. (iii) A grantee (or State or state recipient, as applicable) may, at any time, request 'HUD to determine whether a person is a displaced person under this section. (3) Initiation of negotiations. For purposes of determining the type of replacement housing assistance to be provided under paragraph (b) of this section, if the displacement is the direct result of privately undertaken rehabilitation, demolition, or acquisition of real property, the term "initiation of negotiations" means the execution of the grant or loan agreement between the grantee (or State or state recipient, as applicable) and the person owning or controlling the real property. Page 38 of 44 Apple Valley Subrecipient Agreement Exhibit F (c) Residential antidisplacement and relocation assistance plan. The grantee shall comply with the requirements of 24 CFR part 42, subpart B. (d) Optional relocation assistance. Under section 105(a)(11) of the Act, the grantee may provide (or the State may permit the state recipient to provide, as applicable) relocation payments and other relocation assistance to persons displaced by activities that are not subject to paragraph (b) or (c) of this section. The grantee may also provide (or the State may also permit the state recipient to provide, as applicable) relocation assistance to persons receiving assistance under paragraphs (b) or (c) of this section at levels in excess of those required by these paragraphs. Unless such assistance is provided under State or local law, the grantee (or state recipient, as applicable) shall provide such assistance only upon the basis of a written determination that the assistance is appropriate (see, e.g., 24 CFR 570,201(i), as applicable). The grantee (or state recipient, as applicable) must adopt a written policy available to the public that describes the relocation assistance that the grantee (or state recipient, as applicable) has elected to provide and that provides for equal relocation assistance within each class of displaced persons. (e) Acquisition of real property. The acquisition of real property for an assisted activity is subject to 49 CFR part 24, subpart B. (f) Appeals. If a person disagrees with the determination of the grantee (or the state recipient, as applicable) concerning the person's eligibility for, or the amount of, a relocation payment under this section, the person may file a written appeal of that determination with the grantee (or state recipient, as applicable). The appeal procedures to be followed are described in 49 CFR 24.10. In addition, a low- or moderate- income household that has been displaced from a dwelling may file a written request for review of the grantee's decision to the HUD Field Office. For purposes of the State CDBG program, a low- or moderate - income household may file a written request for review of the state recipient's decision with the State. (g) Responsibility of grantee or State. (1) The grantee (or State, if applicable) is responsible for ensuring compliance with the requirements of this section, notwithstanding any third party's contractual obligation to the grantee to comply with the provisions of this section. For purposes of the State CDBG program, the State shall require state recipients to certify that they will comply with the requirements of this section. (2) The cost of assistance required under this section may be paid from local public funds, funds provided under this part, or funds available from other sources. (3) The grantee (or State and state recipient, as applicable) must maintain records in sufficient detail to demonstrate compliance with the provisions of this section. (Approved by the Office of Management and Budget under OMB control number 2506 -0102) [61 FR 11477, Mar. 20, 1996, as amended at 61 FR 51760, Oct. 3, 1996] Page 39 of 44 Apple Valley 5ubrecipient Agreement Exhibit G EXHIBIT G TO SUBRECIPIENT AGREEMENT Dakota County CDBG Request for Reimbursement Form From: City /Township of Date: Please complete the appropriate sections. The Dakota County CDA will fill in the shaded areas. Please use separate request forms for each activity or service period. Reimbursement for the following activities is being re uested from the CDBG Pro ram: Program Amount Dates of Service Name of Project /Activity (Fiscal) Requested (start/end) CDA Account Number Yr. Do you have program income (i.e., revolving account) to draw first for this activity? Yes No Do you have other funding sources that are being combined with the CDBG funds? Yes No If yes, please indicate the source(s) and amount(s): Documentation to support Request for Reimbursement: You must attach all appropriate documentation to support this request (i.e. staff hours and rate of pay, invoices for work completed, copies of plans, etc.) ❑ Timesheets ❑ Invoices f Proof of Payment ❑ Completed product (# of hours, rate of pay,. etc.) (copies of checks, receipts, etc. } (i.e. plan, study, survey) The following chart is for DIRECT BENENFIT ACTIVITIES (housing or public service activities). Please report the demographic information of those served during the dates of service listed above. If you are reporting a HOUSING activity, please report in number of HOUSING UNITS. If you are reporting a PUBLIC SERVICE activity, please report in number of PEOPLE. DO NOT COMBINE DATA FROM MORE THAN ONE ACTIVITY OR SERVICE DATES DEMOGRAPHICS Ethnicity Income Level Non- Moderate Race Hispan Hispani Very Low Low Q (51- 80 °1o) Above LIM C c (0 -30 /o) (31 -50 ) (81%+) White Black /African American Black /African American & White Asian Asian & White American Indian or Alaskan Native American Indian /Alaskan & White American Indian /Alaskan & Black Native Hawaiian /Other Pacific Islander Other TOTALS (Ethnicity = Income Level) Number of Female- headed Households = Percent as Low /Mod Income = _ Number of clients new to program= Number of clients with improved access Prepared by: Approved by: Program Administrator City or Township Finance Officer Page 40 of 44 Apple Valley Subrecipient Agreement Exhibit H EXHIBIT H TO SUBRECIPIENT AGREEMENT PROGRAM INCOME REUSE POLICY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Dakota County, Minnesota A. Purpose. This policy establishes procedures for the administration and utilization of program income received as a result of activities funded under the federal Community Development Block Grant (CDBG) Program. This policy addresses the requirements of 24 CFR 570.489(e)(3). The Dakota County Community Development Agency is hereinafter referred to as the "Subgrantee ", and each cooperating jurisdiction is hereinafter referred to as a "Subrecipient ". B. Definition. Program income is the gross income received by the Subgrantee that was generated from the use of CDBG funds. For activities generating program income that were only partially funded with CDBG funds, such income is prorated to reflect the actual percentage of CDBG funds used. Examples of program income include: • Payments of principal and interest on loans made using CDBG funds; • Net proceeds from the disposition by sale or long -term lease of real property purchased or improved with CDBG funds; • And interest earned on funds held in a revolving fund account. C. Activities. Program income in Dakota County will only be used for eligible CDBG activities that meet a national objective as specified in 24 CFR 570.482 and 570.483. D. Distribution. Program income in Dakota County will be classified and distributed within one of two general types of accounts: • Revolving Fund (RF) Account • Non - revolving Income (NI) Account The RF Accounts are typically established for ongoing program activity, such as housing rehab or economic development. The NI Accounts are established from non - revolving program income, such as funds from land disposition or repayments from land acquisition that doesn't result in a low /moderate income activity. E. Revoking Fund Account. Dakota County CDA will deposit program income from either housing rehab, economic development or downpayment assistance that is administered by the Subgrantee into corresponding Revolving Fund (RF) Accounts as follows: 1. Program income generated from CDBG funds allocated to a Subrecipient will be deposited into a separate RF Account for that same individual Subrecipient; or 2. Program income generated from CDBG funds allocated to a countywide activity will be deposited into a separate corresponding "Countywide" RF Account. 3. Check and/or reimbursement requests related to an activity assigned to a RF Account will be drawn first from that account prior to an entitlement account. Page 41 of 44 Apple Valley Subrecipient Agreement Exhbit W Subrecipients also have the ability to establish Revolving Fund Accounts for local CDBG activities upon written approval of the Subgrantee. These accounts will require formal reporting during each fiscal year as required by the Subgrantee. F. Non - revolving Income Account. Dakota County will deposit all program income that is not assigned to a Revolving Fund Account to a Non - revolving Income (NI) Account as follows: 1. Program income generated from CDBG funds allocated to a Subrecipient will be returned immediately to the Subgrantee, which will be deposited into one corresponding Subrecipient NI Account (i.e., Burnsville NI Account). Check and /or reimbursement requests from a Subrecipient that cannot be paid from a RF Account will first be drawn from a NF Account, if existing, prior to drawing funds from an entitlement account. 2. Program income generated from CDBG funds allocated to a Subgrantee countywide activity will be deposited into one Subgrantee NI Account (i.e., CDA NI Account). Check and /or reimbursement requests related to a county -wide activity that cannot be paid from a RF Account will first be drawn from a NI Account, if existing, prior to drawing funds from a county- wide entitlement account. 3. The Subrecipient or Subgrantee retains the option of amending an existing CDBG activity (or activities) to increase its budget equal to the amount of program income within its NI Account, or it can amend the county's Annual Action Plan to include a new CDBG- eligible activity. 4. If no draws are made from a Subrecipient's NI Account within twelve (12) months of establishing that account, it may be transferred to a Subgrantee NI Account for distribution to eligible countywide activities. G. Account Dissolution. Dissolving either Revolving Fund or Non - revolving Income Accounts shall be completed as follows: 1. A Subrecipient's RF Account may be dissolved if that account will receive no further income based on evidence from the Subrecipient or Subgrantee. The Subrecipient must submit a written request to the Subgrantee prior to final dissolution action. CDBG funds remaining in a Subrecipient's RF Account to be dissolved must be transferred to a new or existing NI Account of that same Subrecipient. 2. A Subgrantee's RF Account may be dissolved if that account will receive no further income based on evidence from the Subgrantee. CDBG funds remaining in the Subgrantee's RF Account to be dissolved must be transferred to a new or existing NI Account of the Subgrantee. 3. In some cases, a. Subrecipient or Subgrantee may want to transfer fund balances from a RF Account that is still receiving income. If no further expenditures are planned for that activity, a partial transfer may be permitted. Subrecipients must submit a written request to the Subgrantee, including the requested amount of transfer, which will go from its RF Account to its existing or newly created NI Account. 4. A Subrecipient's NI Account may be dissolved based on Section F.4, of this Policy. Adopted by the Dakota County CDA Board on April 13, 2004. Page 42 of 44 Apple Valley Subrecipient Agreement Exhibit I !EXHIBIT I TO SUBRECIPIENT AGREEMENT CDBG CONTINGENCY PLAN TIMELINESS OF EXPENDITURES Dakota County, Minnesota The following plan was developed in order to spend Community Development Block Grant (CDBG) funds in a timely manner. HUD reviews the performance of Dakota County as an entitlement urban county each year. Sixty (60) days prior to the end of a grantee's program year, the amount of non - disbursed CDBG funds cannot be more than 1.5 times the entitlement grant for its current program year. The 60 -day time for Dakota County is May 2. A contingency plan is beneficial in order to assess whether this county can make efforts to spend CDBG funds if early indications show expenditure problems within any of the larger cities' pool or the countywide pool of activities. The following steps should be taken in the order shown during a program year for Dakota County, which is July 1 through June 30: 1. Six -Month Review By November 1, CDA staff will do the following: • Identify each Subrecipient's balance of unspent CDBG funds. o A notice should be sent to each Subrecipient that shows an individual listing of unfinished activities and corresponding fund balances. • Meet individually with each Subrecipient, as deemed necessary, to discuss timely expenditure issues. • Provide a status report to all Subrecipients on the countywide and individual city revolving accounts for housing rehab (including a forecast of program income for the next six months). 2. Four -Month Review By January 1, CDA staff will do the following: • Make a preliminary determination whether a Subrecipient will meet its own timeliness ratio of 1.5 by May 1. • Make a determination on how much rehab funding will remain unspent by May 1. These conclusions will be shared with the Subrecipient as a basis for possible reallocation of funds. • Initiate amendments to the annual Action Plan for Dakota County in order to reallocate CDBG funding to activities that can spend those funds by May 1. o The plan amendment will be based on the following: (a) Written approval from the Subrecipient that will transfer CDBG funds from its allocation to another city or countywide activity; and (b) Written verification, including an activity timeline, from the recipient of any reallocated funding that the additional CDBG funds can be spent and reimbursement submitted by April 15. Page 43 of 44 Apple Va }ley Subrecipient Agreement Exhibit I Transfer of CDBG Funds Should a jurisdiction not be able to meet the timeliness requirement, the transferring of CDBG funds from one activity to another will be accomplished according to the following procedures; • Transfer funds from one activity to another within a jurisdiction (city or township); • Transfer funds from a countywide activity to another countywide activity; or • Transfer funds from one jurisdiction to another jurisdiction, including to or from the countywide pool. The combined impact of the transfer options must attain an expenditure rate at or below 1.5 by May 2 for Dakota County. If this can be achieved by implementing one or both of the first two options, then the final option will not be needed. However, if all three options need to be implemented, then some jurisdictions will lose the one -time specified amount, not to be replaced and some will gain one -time funds in order to avoid HUD penalties imposed on the county. It is possible that a jurisdiction will have more than 1.5 times its current CDBG allocation unspent by January 1, and yet, it will not agree to transfer funds to another activity. Under that circumstance, the CDA reserves the right to take steps necessary to transfer funds in excess of the 1.5 ratio. 5. Two -Month Review By March 1, the CDA will determine whether any further amendments are necessary to transfer CDBG funds. This may be necessary to accommodate a new activity that was recently identified for immediate expenditure (assuming CDBG eligibility). 6. One -Month Review By April 1, the CDA will do a final check to ensure all cities are working towards completion of all activity expenditures that are pending within the May 1 timeframe. Reimbursement requests should be submitted to the CDA no later than April 15. Page 44 of 44 eee •••• ITEM: 4.1. oeee eee Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Reduction of Various Financial Guarantees Staff Contact: Department / Division: Joan Murphy, Department Assistant Community Development Department ACTION REQUESTED: Approve reduction of various financial guarantees. SUMMARY: The City holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of these developments indicates that the following actions are in order: 1. Cobblestone Lake North Shore LOC #286 (PC14 -30 -PZS) Original Deposit on 10/31/14 $294,000.00 Reduce 1/8/15 to $80,800.00 Reduce now to $20,000.00 2. Cobblestone Lake North Shore LOC #288 (PC14 -30 -PZS) Original Deposit on 12/24/14 $22,000.00 Reduce now to $7,200.00 3. Cobblestone Lake 7th Addition LOC #IS0324446U (PC15- 13 -SZB) Original Deposit on 7/23/15 $359,000.00 Reduce now to $59,000.00 4. Regent's Point LOC #69601387 (PC 13-27-ZS) Original Deposit on 7/21/14 $839,600.00 Reduce now to $712,224.00 5. Quarry Ponds Second Addition LOC #805096937 (PC 15-18-F) Original Deposit on 6/18/15 $226,500.00 Reduce now to $50,000.00 6. Quarry Ponds Cash Check No. 0265 (PC14 -11 -S) Original Deposit on 12/10/14 $14,000.00 Reduce now to $8,800.00 7. Cortland Fourth Addition LOC #005904647 (PC 15-17-F) Original Deposit on 9/8/15 $872,000.00 Reduce now to $341,495.00 BACKGROUND: N/A BUDGET IMPACT: N/A 0*0 ITEM: 4.J. 0000 000 •mss Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Adopt Resolution Authorizing Submittal of Comprehensive Plan 2030 Land Use Map Amendment to Metropolitan Council for Outlot B, Cobblestone Lake Commercial 3rd Addition Staff Contact: Department / Division: Thomas Lovelace, City Planner Community Development Department Applicant: Project Number: South Shore Development, Inc. PC15- 35 -PZS Applicant Date: 10/8/2015 60 Days: 12/6/2015 11120 Days: 2/4/2016 ACTION REQUESTED: Adopt the resolution authorizing submittal to the Metropolitan Council of an amendment to the City's 2030 Land Use Map to re- designate Outlot B, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from "MD" (Medium Density Residential/6-12 units per acre) to "ID" (Low Density Residential/2-6 units per acre) in accordance with the proposed COBBLESTONE LAKE NORTH SHORE 2ND ADDITION preliminary plat. SUMMARY: South Shore Development, Inc., has submitted a request for a 2030 Comprehensive Plan Land Use Map amendment re- designating Outlot B, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from "MD" (Medium Density Residential/6-12 units per acre) to "LD" (Low Density Residential/2-6 units per acre). This is part of an application for the rezoning from Planned Development No. 703 /zone 8 to Planned Development No. 703 /zone 2A, and subdivision by plat 11.5 acres into 47 single - family residential lots and one (1) outlot. The project is located at the southeast corner of 155th Street West and Embry Path. A public hearing was held by the Planning Commission on November 4, 2015. At their December 2, 2015, meeting the Commission recommended approval of the 2030 Comp Plan Land Use Map amendment, rezoning, and preliminary plat; subject to conditions presented by staff. The staff report from the Commission's December meeting is attached for your review as you consider the Comprehensive Plan amendment request. Action on the rezoning and subdivision by plat requests shall be withheld for consideration by the City Council until the Comprehensive Plan amendment has been approved by the Metropolitan Council. The Comprehensive Plan amendment, rezoning, and preliminary plat will return to the City Council for consideration after receipt of the Metropolitan Council's decision. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution Map Map Map Report CITY OF APPLE VALLEY RESOLUTION NO. 2015 - AMENDMENT TO THE APPLE VALLEY COMPREHENSIVE PLAN OUTLOT B, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION WHEREAS, pursuant to the Metropolitan Land Planning Act of 1976 the City of Apple Valley is required to prepare a Comprehensive Plan; and WHEREAS, the City of Apple Valley on January 13, 2010 adopted a plan titled City of Apple Valley 2030 Comprehensive Plan; and WHEREAS, a public hearing on a proposed amendments to the 2030 Land Use Map contained within the land use chapter of the Plan was held on November 4, 2015; and WHEREAS, the amendments to the 2030 Land Use Map were adopted by the Apple Valley Planning Commission on December 2, 2015; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the amendments to the Apple Valley 2030 Comprehensive Plan Land Use Map, as attached hereto, are hereby authorized to be submitted to the Metropolitan Council. BE IT FURTHER RESOLVED that these amendments are subject to the approval of the Metropolitan Council and become effective upon the date of such approval. ADOPTED this 22nd day of December, 2015. Mary Hamann- Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk ■ � 2ND j� ►" �� ► *� . ` M Y ■ r� �6 v If m� jrl r, ,r t fpit; t� Nye A TO to � Vii•" - .. '�,,•I , r a ■� �' �r o o ' 1 154T H STREET WE- PARK APPLE VALLEY MID EASTPARK NEW ll % r r� A AL ri i A ` Tama r. „ �'" WIN rib Y 6 APPLE VALLEY bkST PARK [lTnL1YC�iJ �Y� �„r' -q4. Y s :• L° == a t Fus■��F_� - -��� COBBLESTONE LAKE NORTH SHORE 2ND ADDITION PROJECT REVIEW Existing Conditions Property Location: Southeast corner of 155 Street West and Embry Path Legal Description: Outlot B, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION Comprehensive Plan Designation "MD" (Medium Density Resident] al/6-12 units per acre) Zoning Classification "PD- 703 /zone 8" (Planned Development) Existing Platting Platted as an outlot Current Land Use Vacant Size: 11.57 acres Topography: Irregular terrain Existing Vegetation Volunteer vegetation consistent with an undeveloped parcel Other Significant Natural Features None Adjacent NORTH Cortland Addition and Quarry View Townhomes Properties/Land Comprehensive "LD" (Low Density Residential /2 -6 units per Uses Plan acre) and "MD" (Medium Density Residential /6 -12 units per acre) Zoning/Land Use "R -3" (Single Family Residential /11,000 sq. ft. lot) and "PD -849" (Planned Development) SOUTH Cottages of North Shore Detached Townhomes Comprehensive "LD" (Low Density Residential /2 -6 units per Plan acre) Zoning/Land Use 14 PD- 703 /zone 2A" (Planned Development) EAST Legacy Homes at Cobblestone Lake North Comprehensive "MD" (Medium Density Residential /6 -12 Plan units per acre) Zoning/Land Use "PD- 703 /zone 2A" (Planned Development) WEST Cobblestone Lake Commercial/Retail Center Comprehensive Plan "C" (Commercial) Zoning/Land Use 11 PD- 703 /zone 6" (Planned Development) Development Project Review tttttt 4 _ � 1 - , i" E V AMI • ✓ NGL AMI m W Da 6E E OPME ab T ANO z � .. i � TREETIWE r APPLE VALLEY € — F a/ AST PARK ME _ a '._. - -. -. —: - -.. • -. i55THiSTREETW - ST. .; -, _ . j - _. ' • `� ) ai ;` , ' • R �ti6BLE TONEN�O�R�T -' 60HBLESTONE q ` � COBBLESTONE. LAKE PAR COMMERCIAL . - _ { • < AREA" s t �f C 1.T"�",F'7 C TTA E — ,Y 1 s' � `.. OF__ .. �!6 • �" � III` __ I / ' NORTH HORE - - - -- 3 I LI .. Location Map Comprehensive Plan: The subject property is currently guided "MD" (Medium Density Residential /6 -12 units per acre). "MD" land uses include townhomes, other attached single - family dwellings, and low -rise apartments and condominiums at densities that range between six to twelve units per acre. This designation fits with the "M -4 ", "W ", "M -6" (Multi - Family) and "PD" (Planned Development) zoning districts. The applicant is requesting an amendment to the 2030 Comprehensive Plan Land Use Map that would re- designate Outlot B, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION to "LD" (Low Density Residential /2 -6 units per acre), with the proposed single - family development having an overall density of 4.1 units per acre. The 2030 Comprehensive Plan describes Low Density Residential as areas intended to create, preserve, and maintain the places to live that define the primary character and identity of Apple Valley. A variety of housing types may be built in the "LD" areas including single - family detached dwellings, duplexes, twin homes, townhomes, and other types of low density attached housing that range between three to six units per acre. Most single - family residential neighborhoods are zoned "R -1 "R -2 ", "R -3", and "R -CL" "R -5 ", "M -1 5 ', "M -2 ", and "M -3 ", and "PD" districts are eligible for this land use category provided that the performance standards are met. MD fVS - PARK 55TH= STREET =WEST sue_ 7 CO MD 4x� - LLJ COBSLES.TONELAKE- PARKWAY . + L D L r 7A mn F MD r� \ Comprehensive Plan Land Use Map Livable Communities impact: The proposal will add 47 market -rate single - family dwelling units to the City's existing housing stock, which is consistent with the Livable Communities Act of providing addition life-cycle dwelling units in the city. Zo ning: Outlot H is currently zoned "PD-703/zone S" (Planned Development), which allows for sand and gravel mining as a permitted use. Zone 8 was established as a temporary zone within this planned development in 2001 in order to allow the existing property owners the ability to continue mining certain areas of the development site until the mining material was exhausted or development happened. It was expected that when one of these events occurred, the property would be rezoned consistent with the development proposal. The property identified to be used for the single - family development is proposed to be rezoned 'TD-703/zone 2A ", which allows for single family, two - family, and six -unit townhouse dwellings as permitted uses. The planned development ordinance's minimum lot area requirements for single - family lots in zone 2A are 4,800 sq. ft. for an interior lot and 6,000 sq. ft. for a corner lot, with a minimum lot width of 40 feet for both an interior and corner lot. The residential lots will vary in size from 5,121 sq. ft. to 18,063 sq. ft., which meet or exceed the minimum requirements. 761TH STY _ _ A - - -- � EFMESWAY isnTNSrw _ _ EAOLEB NEBTWFr SITE s O C bn TON W Q�aoo �7 rrw A ` ) 1 n I P © =TQ3 - �757TN 6TIY� �4],�. 7 seTx aTw B �. �+. L a wFr g - P 4 _ Zoning Map Preliminary Plat; The preliminary plat indicates the subdivision of Outlot B, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION into 47 single - family lots and one outlot. Outlot A will be open space that will be privately maintained. The City's subdivision code requires that a plat include drainage and utility easements, a minimum of ten (10) feet wide, which shall abut the street right -of -way and shall be centered on the rear and side lot lines. The preliminary utility plan indicates easements around the perimeter of each lot in accordance with the code. Access to the proposed lofts will be via a public street that will be constructed on platted road right - of -way (r -o -w) that will have a width of 52 feet. On- street parking will be restricted to one side of the street in accordance with the planned development ordinance. The plat is bounded by public streets to the north, south and the east, and an outlot to the west. Direct access from the lots within the proposed subdivision to the abutting streets shall be prohibited, by means of access restriction easements that will be part of final plat approval. A portion of a pipeline easement, 67 -90 feet deep, is located in the rear of Lots 7 -22, Block 1. This easement will remain, which will put limitations on improvements in the rear of those lots. Grading Plan: The site is has been mass graded as part of the sand and gravel reclamation. Additional grading will occur in preparation for single - family development that will include grading for the streets, utilities, and building pads. The City Engineer has reviewed the revised grading plans and his comments are provided in the attached memo, dated November 20, 2015. Landscape Plan: As is typical with other single- family residential development in the city, no overall landscape plan has been submitted. The subdivision code does require, at a minimum, the planting of one (1) tree per lot. That tree shall be placed five to seven feet inside the property line. There is one outlot in the proposed project that will not be developed and will be left as private open space. Staff always has concern about how a space like this will be maintained and asked that the applicant provide a landscape plan. The applicant has submitted a landscape plan that shows a combination of Black Hills spruce and Norway pines planted around the perimeter of the outlot and three lindens planted within the outlot. The plan also shows the planting of trees within the Street A right-of-way. As stated previously, those trees should be placed five to seven feet inside the property line. Availability of Municipal Utilities: Municipal utilities to serve the proposed development will be available by means of extensions of existing watermain, storm sewer, and sanitary sewer lines located in the Cobblestone Lake Parkway right -of -way. All public utilities and streets to serve this development will be designed by the City. The City Engineer has reviewed the utility plan and is recommending that the sanitary sewer and watermain be extended via connections to existing lines at the intersections of Street A and Cobblestone Lake Parkway North. This will avoid the need to establish unusually large drainage and utility easements in Lots 1 and 29, Block 1. In addition, the existing services previously installed to the serve the site will need to be abandoned or removed. Street Classifications /Accesses /Circulation: Access to the proposed lots will be via a public street that will intersect with Cobblestone Lake Parkway. In addition, construction of the proposed street intersections will cause the removal of a minimum of 12 recessed parking spaces located along the north side of Cobblestone Lake Parkway. All vehicular access to the dwellings units within the development will be from Street A. The proposed width of Street A will be 26 feet wide paved driving surface, which is typical for this planned development but is 6 feet less than a typical local street. This will require that on- street parking will be limited to one side of the street only, which is also typical for this planned development. Staff has not identified any outstanding issues with the traffic circulation within the proposed subdivision, Pedestrian Access: A 5 -foot wide sidewalk is proposed along one side of Street A, which will intersect with the existing sidewalks along Cobblestone Lake Parkway North. A sidewalk shall be added to the other side of the street as required by the planned development ordinance. Public Hearing Comments: The public hearing was held on November 4, 2015. No comments from the public were received and the hearing was closed. :�0 ITEM: 4.K. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Assignment and Assumption of License Agreement for Cortland Fourth Addition Staff Contact: Department / Division: Thomas Lovelace, City Planner Community Development Department Applicant: Project Number: D.R. Horton, Inc.- Minnesota PC15 -17 -F Applicant Date: 12/10/2015 60 Days: 11120 Days: ACTION REQUESTED: Motion to approve the CORTLAND FOURTH ADDITION Assignment and Assumption of License Agreement. SUMMARY: For your consideration is the Assignment and Assumption of License Agreement for the CORTLAND FOURTH ADDITION, which was prepared by the applicant's attorney and reviewed by the City Attorney. This agreement assigns the rights and interest of a license agreement that was approved by the City Council on September 24, 2015, from D.R. Horton, Inc. - Minnesota to the Cortland Homeowners Association. The approved license agreement allowed for the installation and maintenance of trees, shrubs, perennials, grass, mulch, lighting fixtures, water /irrigation systems D.R. Horton, Inc. - Minnesota in a raised island in the Ely Avenue right -of -way. This assignment and assumption of license agreement is similar to others that have been approved by the City for previous phases in the Cortland development. BACKGROUND: The CORTLAND FOURTH ADDITION is the most recent phase of a 178 -lot single - family residential development located south of CSAH 42 and east of future Embry Path. The overall development has six eyebrow corners with a raised landscaped island in the middle of each eyebrow, retaining walls, community landscaping in several locations and an entrance monument that has been installed by the developer. The assignment and assumption of license agreement is the instrument used to transfer the ongoing maintenance of these improvements over from the developer to the homeowners association. BUDGET IMPACT: N/A ATTACHMENTS: Agreement Agreement Map Map Map (Above Space Reserved for Recording Information) ASSIGNMENT AND ASSUMPTION OF LICENSE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF LICENSE AGREEMENT ( "Assignment ") is made as of (the "Effective Date ") between D.R. Horton, Inc. - Minnesota, a Delaware corporation ( "Horton ") and Cortland Homeowners' Association, a Minnesota non - profit corporation (the "Association "). RECITALS A. Horton and the City of Apple Valley, a Minnesota municipal corporation (the "City ") entered into that certain License Agreement dated September 24, 2015 and recorded October 30, 2015 as Document No. 3097700 in the Office of the County Recorder for Dakota County, Minnesota (the "License Agreement ") regarding certain Improvements (as defiled in the License Agreement) to be constructed or installed within the License Area (as defined in the License Agreement). B. The License Agreement affects the following, property: Lots 1 through 15, Block 1; Lot 1, Block 2; Lots 1 through 3, Block 3; and Lots 1 through 3, Bloch 4; CORTLAND FOURTH ADDITION, Dakota County, Minnesota. C. Horton or its representatives have constructed or installed various Improvements within the License Area. The Improvements are considered part of the "Common Elements" of the Cortland Homes residential community, which is subject to that certain Declaration of Covenants, Conditions and Restrictions dated May 17, 2013, and recorded May 23, 2013 as Document No. 2951984 in the Office of the County Recorder for Dakota County, Minnesota, as subsequently amended (the "Declaration "). D. Pursuant to Section 6.d of the Declaration, the License Agreement shall be assigned from Horton to the Association. Horton now desires to assign, convey and transfer its interest in and to the License Agreement to the Association, upon the terms and conditions set forth below. 1 NOW THEREFORE, in consideration of the foregoing, together with other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows. T . Recitals The foregoing recitals are true and correct and are hereby incorporated by reference. 2. Assignment and Assumptign As of the Effective Date, Horton hereby assigns, transfers, conveys, sets over and delivers unto the Association all of Horton's right, title and interest in and to the License Agreement. As of the Effective Date, the Association hereby assumes Horton's obligations under the License Agreement arising from and after the date hereof. The Association agrees to indemnify and hold Horton harmless from and against all losses, liabilities, costs and expenses (including reasonable attorneys' fees) accruing after the Effective Date in connection with the License Agreement. I Consent Horton and the Association acknowledge that the License Agreement may not be assigned without the written consent of the City. The City's consent is attached to this Assignment as Exhibit A . 4. Successors and Assigns The terms of this Assignment shall bind and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 5. Governing Law This Assignment and its construction, interpretation, and enforcement and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the internal laws of the State of Minnesota. 6. Counterparts This Assignment may be executed in multiple counterparts. [Signature and acknowledgement pages follow.] 2 SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF LICENSE AGREEMENT IN WITNESS WHEREOF, Horton and the Association have executed this Assignment as of the date first set forth above. HORTON: 13y: James R Slaikeu, Its Vice President ASSOCIATION: By: Ron Mullenbach, Its President STATE OF MINNESOTA ) } ss. COUNTY OF DAKOTA } The foregoing instrument was acknowledged before me this day of P ' (, , 2015, by James R. Slaikeu, the 'Vice President of D.R. Horton, inc.- Minnesota, a elaware corporation, on behalf of the corporation. it e ' AMY LYNNE ©I.AZ KI(MRYPUBLIC MINN[ 1" ' Notary Public STATE OF MINNESOTA } ) ss. COUNTY OF DAKOTA ) The fo instrument was acknowledged before me this 1 day of -�� 2015, by Ron Mullenbach, the President of Cortland Homeowners' Association, a Minnesota non -profit corporation, on behal 'the non - profit corporation. (seal) _ il , 2 1 AMY LYNNE BLAZ Notary Public NOTARY PUBLIC • MINNESOTA m commission Expires J Es. 31. 20 3 EXHIBIT A TO ASSIGNMENT AND ASSUMPTION OF LICENSE AGREEMENT CONSENT The undersigned hereby consents to the execution and recording of the foregoing Assignment and Assumption of License Agreement dated as of , 2015, which has been approved by all necessary action by the City Council and /or City Attorney of the undersigned. Dated: , 2015 CITY OF APPLE VALLEY: By: Mary Hamann- Roland, Its Mayor By: Pamela J. Gackstetter, Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2015, by Mary Hamann - Roland and Pamela J. Gackstetter, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. (seal) Notary Public THIS INSTRUMENT WAS DRAFTED BY: D.R. Horton, Inc.- Minnesota (RM) 20860 Kenbridge Court, Suite 100 Lakeville, MN 55044 4 Receipt* 444667 ! ]I I II 3097700 AGREE t 46.00 1 � I 11 li JII!( f llr( I II IIfIFIJiI TITLE RECORDING+i {�ll� SERVICES Recorded on: 1013012015 8:26 AM 79 WESTERN AVE N 9C 5T. PAUL MN 55102 By: STG, Deputy Office of the County Recorder Dakota County, Minnesota Joel T Beckrnan, County Recorrier LICENSE AGREEMENT THIS LICENSE AGREEMENT ( "Agreement ") is made effective as of the 24 * day day of September, 2015, by and among the City of Apple Valley, a Minnesota municipal corporation (the "City "), Cortland Homeowners' Association, a Minnesota non- profit corporation (the "Association "), and D.R. Horton, Inc.- Minnesota, a Delaware corporation (the "Owner ") (collectively, the "Parties "). WHEREAS, the Owner is the fee title holder of real property legally described as follows: See Exhibit "A" attached hereto and incorporated herein (the "Property "); and WHEREAS, the City is the holder of a right -of -way easement depicted as Ely Avenue on the plat of CORTLAND FOURTH ADDITION (the "Right of Way "); and WHEREAS, pursuant to Minnesota Statutes Chapter 160 and Apple Valley City Code Chapter 97, the City has adopted public right -of -way management regulations; and WHEREAS, the Association is the owners' association for the Cortland Homes residential community (the "Community "), and the Property is part of the Community; WHEREAS, the Parties acknowledge and agree that the improvements (defined below) will be considered "Common Elements" of the Community to be maintained by the Association after initial construction or installation by the Owner, as provided in the governing docurnents for the Community, subject to the terms of this Agreement; WHEREAS, the Owner has requested that the City grant a license permitting the Owner to install and the Association to maintain trees, shrubs, perennials, grass, mulch, lighting fixtures, waterlirrigation systems and heads, piping, controls, wiring and other improvements (collectively the "Improvements ") as and where depicted on the plans and specifications attached hereto as Exhibit "B" and incorporated herein (full scale copies of which are on file with the City) over, under and upon an island located within the Right of Way (the "License Area "); and WHEREAS, the City is willing to grant the license subject to the terms and conditions contained herein; NOW, THEREFORE, the Parties hereto agree as follows: 1. 'rhe City hereby grants to the Owner a license to install and the Association a license to maintain the Improvements within the License Area, subject to the conditions specified ill Exhibit "C" attached hereto and incorporated herein. This Agreement does not convey to the Owner or the Association any title, interest or rights except for the foregoing license. This Agreement does not authorize the Owner or the Association to expand its encroachment onto other areas of the Right of Way. 2. Nothing contained in this Agreement shall be deemed to affect the right of the City, its contractors, agents and servants, to enter upon the Right of Way at all reasonable tunes to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains, and the further right to remove obstructions, including the Improvements, in accordance with the terms of this Agreement. After completion of such construction, maintenance, repair or removal, the Association may, during the term of the license, restore the Improvements to their condition prior to the commencement of such actions, at the Association's sole cost and expense. The City shall have no obligation to preserve or protect the Improvements, and the Association shall indemnify and hold the City harmless from any and all claims incurred arising out of damage to the Improvements during such construction, maintenance, repair or removal activities. 3. The Owner and the Association shall not cause any damage to any existing or future streets, sidewalks, trails or utilities located within the Right of Way and shall be responsible for any such damage caused by the Owner, the Association or by the Owner's or the Association's contractors, agents or invitees. 4. The Owner or the Association shall provide to the City proof of insurance providing a minimum of $1,000,000.00 liability coverage naming the City as an additional insured and stating (to the extent allowed by applicable law) that the insurance company shall not cancel or fail to renew such insurance without giving thirty (30) days' prior written notice to the City. The Owner and the Association shall indemnify and hold the City harmless from any and all claims incurred arising out of or related to the existence of the Improvements or the maintenance of the Improvements or lack thereof, except to the extent such claims arise out of the willful misconduct of the City or its officials, employees, agents and representatives. Notwithstanding anything to the contrary set forth in this Agreement, the Owner's obligations with respect to the insurance and indemnity obligations set North in this Section 4 shall terminate and be of no further force or effect upon the assignment of this Agreement to the Association. 5. If the City determines, in the City's sole discretion, that the Improvements have not been properly maintained, the Association shall correct the deficiency within thirty (30) days after the City gives written notice to the Association specifying the deficiency, or as soon as weather permits. If the Association fails to timely correct the deficiency in the 2 maintenance of the Improvements, then the City may terminate this Agreement effective immediately upon notice to the Association. 6. The City may terminate this Agreement for convenience pursuant to the procedure set forth in this section. The City shall give written notice of termination to the Owner and the Association at least sixty (60) days prior to the date of termination. The notice shall state that the Owner and /or the Association may request a hearing by delivering a written request to the City Clerk at least thirty (3 0) days prior to the date of termination stated in the notice. If the Owner or the Association timely requests a hearing as provided herein, then this Agreement shall remain in effect until the City Council holds a hearing and makes a decision whether to terminate this Agreement. If the City Council does not exercise its right to terminate this Agreement, such decision shall not constitute a waiver of the City's right to terminate this Agreement in the future, subject to the requirements of notice and hearing as provided herein. If the Owner or the Association does not timely request a hearing as provided herein, then this Agreement shall be terminated on the date of termination specified in the notice. 7. If this Agreement is terminated, the Association shall remove the Improvements from the Right of Way and replace the Improvements with asphalt or concrete according to the City's specifications, at the Association's sole cost and expense. If the Association fails to complete the removal and restoration work within thirty (30) days after termination of this Agreement, weather permitting, the Improvements shall be deemed to constitute a public nuisance and the Association agrees that the City may complete the removal and restoration work, without any obligation or liability to the Association, and at the Association's sole cost and expense, including but not limited to material, labor, and costs of collection, including but not limited to attorneys' fees. If the Association fails to pay such costs and expenses within thirty (30) days after presentation of a detailed invoice therefore, the City may assess the Property for such costs and expenses, and the Owner, on behalf of itself and its successors and assigns, hereby waives any objection to such assessments. 8. The Owner covenants with the City that it is the fee owner of the Property and has good right to waive any objections related to the assessments as provided herein. 9. The obligations and liabilities set forth in this Agreement shall survive the revocation or termination of this Agreement and shall run with the Property. 10. This Agreement may be amended or assigned to subsequent owners only by written agreement or consent approved by the City Council of the City of Apple Valley, in its sole discretion. As of the date hereof, the Parties intend to assign this Agreement to the Association upon completion of the installation of the Improvements by the Owner. [Signature and acknowledgement pages follow.] 3 In acknowledgement of the above agreement, the Parties hereto affix their signatures on the dates stated below. CITY OF APPLE VALLEY, a Minnesot mc' al corporation By ar H nn- Roland Its: Ma r By: Pamela J. Gastetter Its: City Clerk D.R. Horton, Inc. - Minnesota, a Delaware corporation y: James R. Slaikeu Its: Vice President Cortland Homeowners' Association, a Minnesota non - profit corporation By: Ron Mullenbach Its: President 4 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of el, 2015, by Mary Hamann - Roland and Pamela J. Gackstetter, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. OD U'JFNAE S PAGEL Notary Pubiic Statr:� ur Minnesota - SAY Commission Expires Notar bllc January 31, 2018 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this � day of Se o koi kx, 2015, by James R. Slaikeu, the Vice President of D.R. Horton, Inc. - Minnesota, a Delaware corporation, on behalf of the corporation. AMY LYNNE BLAZ t 1� NOTARY PUBLIC -MINNESOTA Notary bllc ,..., Mr Commission Expires Jan. 31, 2017 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of f� ; 2015, by Ron Mullenbach, the President of Cortland Homeowners' Association, a MiAnesota non- profit corporation, on behalf of the non -profit cor ation. CARIA A JENSEN � l./ Qd my comm SS ON FXPl�t s oa MINNES Notar Public THIS INSTRUMENT WAS DRAFTED BY: D.R. HORTON, INC.- MINNESOTA 20860 Kenbridge Court, Suite 100 Lakeville, Minnesota 55044 952 -985 -7272 (RAM) 5 EXHIBIT A LEGAL DESCRIPTION Lots I through 15, Block 1; Lot 1, Block 2; Lots 1 through 3, Block 3; and Lots I through 3, Block 4; � ;a3 all in CORTLAND FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. 6 EXHIBIT B IMPROVEMENTS X1 ... .. .. .... 'Ir At" 17 9 1"T. r" 9 ��� E.v — Srnfy�q! I.�Y �n,.t tfq 't A T77 ...... ..... lag I 'p� V-- '6 - cl� . .......... - . .. J .... .. 7 0 y . �. fwlbN S - h!sYtb :i I � ,�� �� '�� �� y l'! - �� .arf 3 - -� �+rsr �ae�ioew,,, aen d.rwya�iYlerEtal T. TYPICAL ISsLAND PLANTING RLAN T M a..y. rv. s F 1 y r s ays H art C ENERLU DETAILS : ILS EXHIBIT C CONDITIONS 1. The Owner shall erect and maintain signage in locations specified by the City to give notice to the public that construction is taking place within the Right of Way. 2. The Right of Way shall remain open to traffic during construction. 3. 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I , i YAIGLSwa,SdIlOM i J LIMITS (COMPLETED ' 12'WT TO FXT 2014) ist ADDITION �, 2Rd ADDTION 1 /il�.l.l-l'�• ?l�FrYA�e55.aiI0 ni � _ CaRTLAND �H6INfAi U' _pryIFS,MN 541" v n�er. +v. .... soa- I.e�Bellx.E. rn+;n?•rm ui�7583(120 w. ,eu FOFOURTH ADADDITION A 1'11] \I 39 L L I A T! � 1 v..vw.alFyrtl ML [Om eve• ,1., V46K I1EL'IEN. rA] M a4�- .�m ..• „e,...s ,,..r „w, — �— - FINAL PLAT SUBMITTAL I OVERI'IEII NI1111 In 3 Cllfl'1 ?af1 :�0 ITEM: 41. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Apple Valley Business Campus Outdoor Storage and Overnight Vehicle and Trailer Parking Conditional Use Permits Staff Contact: Department / Division: Thomas Lovelace, City Planner Community Development Department Project Number: Applicant: AVBC, LLC PC- 15 -42 -C, PC15 -43 -C, PC15 -44 -C, and PC15 -45 -C Applicant Date: 10/29/2015 60 Days: 12/27/2015 11120 Days: 2/25/2016 ACTION REQUESTED: 1. Adopt the attached resolution approving the conditional use permit for outdoor storage and overnight parking of motor vehicles and trailers at 14607 Felton Court. 2. Adopt the attached resolution approving the conditional use permit for outdoor storage and overnight parking of motor vehicles at 14608 Felton Court. 3. Adopt the draft resolution approving the conditional use permit for outdoor storage and overnight parking of motor vehicles and trailers at 14645 Felton Court. 4. Adopt draft resolution approving the conditional use permit for outdoor storage and overnight parking of motor vehicles at 6275 147th Street West. SUMMARY: AVBC, LLC is requesting approval of four conditional use permits to allow for outdoor storage of commercial vehicles and equipment at 14607 Felton Court, 14608 Felton Court, 14645 Felton Court and 6275 147th Street West. They are requesting that they be allowed to park vehicles and trailers overnight as well as equipment and materials related to the ongoing operations of the tenants within the buildings. All the vehicles and trailers will have current registration and be in operational condition, and will be used in the normal course of business. They would also like to have the ability to place roll -off dumpsters or compactors in the loading berths and covered trash containers just outside of a rear door of an occupied building suite. The roll -off containers would be low profile containers that resemble flatbed trailers and the trash containers would have a capacity of six cubic yards or less and would have a lid to cover the top of the container. The Planning Commission held public hearings for these four conditional use permits on December 2, 2015. No comments were received and the hearings were closed. No action was taken by the Commission on the night of the public hearings. The Commission considered the conditional use permit requests and staffs recommendations at their December 16, 2015, meeting. After discussion about the outdoor storage of pallets, the Commission voted unanimously to approve the conditional use permits. The attached draft resolutions reflect the recommendation of staff and the Commission. BACKGROUND: AVBC, LLC is requesting four Conditional Use Permits (C.U.P.) for outdoor storage of commercial vehicles in the Apple Valley Business Campus, a four - building industrial development located at the northeast corner of 147th Street West and Flagstaff Avenue. The properties are zoned "1 -2" (General Industrial), which is a zoning district that allows for open storage as a conditional use. The applicant would like to store vehicles and trailers on paved areas behind each of the buildings. The applicant has stated that he would not allow long- term storage of vehicles and trailers (vehicles not used for 90 days) or more and personal vehicles such as RV's, snowmobile or ATV trailers. Storage of damaged, inoperable, or unlicensed vehicles and trailers would not be allowed to be stored. All of the buildings, with the exception of the one located at 14645 Felton Court, meet or exceed their minimum parking requirements with the surface parking in the front of the building. Allowing overnight parking of tenant's passenger automobiles, pickup trucks and vans in front of the building would not have an adverse impact as those vehicles would likely park in those spaces. The parking area in the front of the building located at 14645 Felton Court does not meet the City's minimum parking requirements. There are 103 parking spaces shown on the site in the front of the building, with 62 striped spaces in the rear of the building. City code requires that a minimum of 108 parking spaces be provided for this 83,072 -sq. ft. building. Therefore, a minimum of five spaces in the rear of the building should be dedicated for short-term employee parking. The spaces located directly west of the rear driveway entrance should be clearly designated for employees or customers. Storage at that location should not be allowed. City Code requires that all exterior storage shall be screened. The type of screening required includes a solid fence or wall, landscaping, or earth berm. If landscaping is used, it should provide a year -round solid screen. Natural features, such as differences in elevation, tree masses or other similar natural features may negate the need for man -made screening in certain areas. The building located at 14607 Felton Court sits approximately 40 feet higher than the property to the north and west, and there is natural vegetation that will provide screening of the outdoor storage area from adjacent properties. The building on this property as well as the building to the east also provides screening of the outdoor storage area. There is natural vegetation that will provide screening of the outdoor storage area at 14608 Felton Court from adjacent properties to the north. The building on this property as well as the building to the west will also provide screening of the outdoor storage area from the south and west. The ability for the public to view the storage area from the east will be very limited because of its distance from public streets or sidewall /pathways. There is a possibility that the North Creek Greenway may run along the east side of the site. If the greenway were to be constructed at this location, it is likely that landscaping would be added for screening purposes. BUDGET IMPACT: N/A ATTACHMENTS: Resolution Resolution Resolution Resolution Background Material Map Map Map Map Map Plan Set Plan Set Plan Set Plan Set CITY OF APPLE VALLEY RESOLUTION NO. 2015 - ARE SOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE AND OVERNIGHT PARKING OF MOTOR VEHICLES & TRAILERS AT 14607 FELTON COURT AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes, § 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that outdoor storage may be allowed within the confines of an "I -2" (General Industrial) zoning district and in accordance with specific performance standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for outdoor storage and overnight parking for motor vehicles and trailers used by and in connection with the operation of an occupant's business on the premises has been requested by AVBC, LLC for property located at 14607 Felton Court (hereinafter "Premises "); and WHEREAS, review of such Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on December 2, 2015; and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on December 16, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a Conditional Use Permit for outdoor storage and overnight parking on the Premises identified herein be approved subject to compliance with all applicable City Code regulations and standards, and the following conditions: 1. The Conditional Use Permit shall apply to property 14607 Felton Court and legally described as Lot 1, Block 1, APPLE VALLEY BUSINESS CAMPUS, Dakota County, Minnesota. 2. Outdoor storage /overnight parking of motor vehicles and trailers is permitted provided the motor vehicle or trailer, as the case may be, is under the control and legal interest of an occupant of the Premises and is used in connection with the operation of the occupant's business on the Premises. 3. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall be on the bituminous or concrete surface, with concrete curb and gutter, of the 1 existing off - street parking or loading areas of the Premises and within designated parking stalls or within the loading bay area of the occupant's unit and conducted in an orderly fashion. 4. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall be in operable condition, displaying valid vehicle registration and license, and without any damaged or missing parts. 5. Only vehicles and trailers that may be operated on public roads and highways may be stored or parked on the Premises. Parking or storing heavy or construction equipment not on trailers, or recreational equipment on the Premises shall be prohibited; this would include but not limited to heavy or construction equipment, such as bobcats, mowers, and forklifts or all- terrain vehicles (ATVS), boats, and snowmobiles. 6. No trailers of any kind shall be stored or parked in the front of the building; all trailers shall be stored /parked in the rear of the building. 7. No more than one (1) open /flatbed trailer and no more than a total of three (3) trailers of any kind per each occupied unit shall be stored /overnight parked. Any trailer on or in which goods or materials that are received or ready for distribution in connection with the occupant's business are stored shall not remain on the Premises more than 30 days. No trailer shall be used for storage of any waste, refuse, and goods or materials not otherwise received for use in the fabrication of products produced or ready as a finished product for distribution. 8. Pallets shall be stored on or in trailers and shall be disposed of every seven (7) days. No pallets shall be stored on the ground. 9. Storage /overnight parking in front of the building is allowed only for passenger automobiles, pickup trucks and vans as those terms are defined by Minnesota Statutes, § 168.002, provided such motor vehicle is parked in a designated parking stall and it does not exceed the width and length of a City approved parking stall. All other motor vehicles shall be parked in the rear of the building. 10. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area. 11. No sea /land cargo containers shall be permitted, except in the occupant's loading/dock area of its unit and not for more than 30 days. 12. Storage of refuse containers, commonly referred to as dumpsters or roll -offs, shall be permitted in the loading /dock area of an occupied unit for use by that occupant, provided no more than one container shall be present, no refuse shall be piled 2 higher than the height of the container walls and the container shall be empty no less than every 30 days. 13. A refuse container of six cubic yards or less may be placed outside directly adjacent to the rear door an occupant's unit for the use of the occupant. The containers must have a lid cover closed at all times, the refuse shall not exceed top rim of container, and the container shall be emptied not less than every 7 days. 14. The storage area shall be maintained in a neat and orderly fashion; no outdoor storage of any kind except as specifically permitted herein shall occur. 15. Outdoor storage shall be subject to all applicable fire, health, safety and building regulations. 16. Outdoor shelving, pallet racking, and cantilever racking for storage shall be prohibited. Outdoor storage of materials not part of any manufacturing or distribution by the tenants /occupants of the building shall be prohibited. 17. The storage area shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area. 18. The Conditional Use Permit may be revoked for cause if the terms of (2) through (17) preceding are not adhered to. ADOPTED this 22nd day of December, 2015. Mary Hamann- Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 3 CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on December 22, 2015, the original of which is in my possession, dated this day of , 2015. Pamela J. Gackstetter, City Clerk 4 CITY OF APPLE VALLEY RESOLUTION NO. 2015 - ARE SOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE AND OVERNIGHT PARKING OF MOTOR VEHICLES & TRAILERS AT 14608 FELTON COURT AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes, § 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that outdoor storage may be allowed within the confines of an "I -2" (General Industrial) zoning district and in accordance with specific performance standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for outdoor storage and overnight parking for motor vehicles and trailers used by and in connection with the operation of an occupant's business on the premises has been requested by AVBC, LLC for property located at 14608 Felton Court (hereinafter "Premises "); and WHEREAS, review of such Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on December 2, 2015; and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on December 16, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a Conditional Use Permit for outdoor storage and overnight parking on the Premises identified herein be approved subject to compliance with all applicable City Code regulations and standards, and the following conditions: 1. The Conditional Use Permit shall apply to property 14608 Felton Court and legally described as Lot 2, Block 1, APPLE VALLEY BUSINESS CAMPUS, Dakota County, Minnesota. 2. Outdoor storage /overnight parking of motor vehicles and trailers is permitted provided the motor vehicle or trailer, as the case may be, is under the control and legal interest of an occupant of the Premises and is used in connection with the operation of the occupant's business on the Premises. 3. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall be on the bituminous or concrete surface, with concrete curb and gutter, of the 1 existing off - street parking or loading areas of the Premises and within designated parking stalls or within the loading bay area of the occupant's unit and conducted in an orderly fashion. 4. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall be in operable condition, displaying valid vehicle registration and license, and without any damaged or missing parts. 5. Only vehicles and trailers that may be operated on public roads and highways may be stored or parked on the Premises. Parking or storing heavy or construction equipment not on trailers, or recreational equipment on the Premises shall be prohibited; this would include but not limited to heavy or construction equipment, such as bobcats, mowers, and forklifts or all- terrain vehicles (ATVS), boats, and snowmobiles. 6. No trailers of any kind shall be stored or parked in the front of the building; all trailers shall be stored /parked in the rear of the building. 7. No more than one (1) open /flatbed trailer and no more than a total of three (3) trailers of any kind per each occupied unit shall be stored /overnight parked. Any trailer on or in which goods or materials that are received or ready for distribution in connection with the occupant's business are stored shall not remain on the Premises more than 30 days. No trailer shall be used for storage of any waste, refuse, goods or materials not otherwise received for use in the fabrication of products produced or ready as a finished product for distribution. 8. Pallets shall be stored on or in trailers and shall be disposed of every seven (7) days. No pallets shall be stored on the ground. 9. Storage /overnight parking in front of the building is allowed only for passenger automobiles, pickup trucks and vans as those terms are defined by Minnesota Statutes, § 168.002, provided such motor vehicle is parked in a designated parking stall and it does not exceed the width and length of a City approved parking stall. All other motor vehicles shall be parked in the rear of the building. 10. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area. 11. No sea /land cargo containers shall be permitted, except in the occupant's loading/dock area of its unit and not for more than 30 days. 12. Storage of refuse containers, commonly referred to as dumpsters or roll -offs, shall be permitted in the loading /dock area of an occupied unit for use by that occupant, provided no more than one container shall be present, no refuse shall be piled 2 higher than the height of the container walls and the container shall be empty no less than every 30 days. 13. A refuse container of six cubic yards or less may be placed outside directly adjacent to the rear door an occupant's unit for the use of the occupant. The containers must have a lid cover closed at all times, the refuse shall not exceed top rim of container, and the container shall be emptied not less than every 7 days. 14. The storage area shall be maintained in a neat and orderly fashion; no outdoor storage of any kind except as specifically permitted herein shall occur. 15. Outdoor storage shall be subject to all applicable fire, health, safety and building regulations. 16. Outdoor shelving, pallet racking, and cantilever racking for storage shall be prohibited. Outdoor storage of materials not part of any manufacturing or distribution by the tenants /occupants of the building shall be prohibited. 17. The storage area shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area. 18. The Conditional Use Permit may be revoked for cause if the terms of (2) through (17) preceding are not adhered to. ADOPTED this 22nd day of December, 2015 Mary Hamann- Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 3 CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on December 22, 2015, the original of which is in my possession, dated this day of , 2015. Pamela J. Gackstetter, City Clerk 4 CITY OF APPLE VALLEY RESOLUTION NO. 2015 - ARE SOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE AND OVERNIGHT PARKING OF MOTOR VEHICLES & TRAILERS 14645 FELTON COURT AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes, § 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that outdoor storage may be allowed within the confines of an "I -2" (General Industrial) zoning district and in accordance with specific performance standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for outdoor storage and overnight parking for motor vehicles and trailers used by and in connection with the operation of an occupant's business on the premises has been requested by AVBC, LLC for property located at 14645 Felton Court (hereinafter "Premises "); and WHEREAS, review of such Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on December 2, 2015; and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on December 16, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a Conditional Use Permit for outdoor storage and overnight parking on the Premises identified herein be approved subject to compliance with all applicable City Code regulations and standards, and the following conditions: 1. The Conditional Use Permit shall apply to property 14645 Felton Court and legally described as Lot 1, Block 1, APPLE VALLEY BUSINESS CAMPUS 2ND ADDITION, Dakota County, Minnesota. 2. Outdoor storage /overnight parking of motor vehicles and trailers is permitted provided the motor vehicle or trailer, as the case may be, is under the control and legal interest of an occupant of the Premises and is used in connection with the operation of the occupant's business on the Premises. 3. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall be on the bituminous or concrete surface, with concrete curb and gutter, of the 1 existing off - street parking or loading areas of the Premises and within designated parking stalls or within the loading bay area of the occupant's unit and conducted in an orderly fashion. 4. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall be in operable condition, displaying valid vehicle registration and license, and without any damaged or missing parts. 5. Only vehicles and trailers that may be operated on public roads and highways may be stored or parked on the Premises. Parking or storing heavy or construction equipment not on trailers, or recreational equipment on the Premises shall be prohibited; this would include but not limited to heavy or construction equipment, such as bobcats, mowers, and forklifts or all- terrain vehicles (ATVS), boats, and snowmobiles. 6. No trailers of any kind shall be stored or parked in the front of the building; all trailers shall be stored /parked in the rear of the building. 7. No more than one (1) open /flatbed trailer and no more than a total of three (3) trailers of any kind per each occupied unit shall be stored /overnight parked. Any trailer on or in which goods or materials that are received or ready for distribution in connection with the occupant's business are stored shall not remain on the Premises more than 30 days. No trailer shall be used for storage of any waste, refuse, and goods or materials not otherwise received for use in the fabrication of products produced or ready as a finished product for distribution. 8. Pallets shall be stored on or in trailers and shall be disposed of every seven (7) days. No pallets shall be stored on the ground. 9. Storage /overnight parking in front of the building is allowed only for passenger automobiles, pickup trucks and vans as those terms are defined by Minnesota Statutes, § 168.002, provided such motor vehicle is parked in a designated parking stall and it does not exceed the width and length of a City approved parking stall. All other motor vehicles shall be parked in the rear of the building. 10. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area. 11. No sea /land cargo containers shall be permitted, except in the occupant's loading/dock area of its unit and not for more than 30 days. 12. Storage of refuse containers, commonly referred to as dumpsters or roll -offs, shall be permitted in the loading /dock area of an occupied unit for use by that occupant, provided no more than one container shall be present, no refuse shall be piled 2 higher than the height of the container walls and the container shall be empty no less than every 30 days. 13. A refuse container of six cubic yards or less may be placed outside directly adjacent to the rear door an occupant's unit for the use of the occupant. The containers must have a lid cover closed at all times, the refuse shall not exceed top rim of container, and the container shall be emptied not less than every 7 days. 14. The storage area shall be maintained in a neat and orderly fashion; no outdoor storage of any kind except as specifically permitted herein shall occur. 15. Outdoor storage shall be subject to all applicable fire, health, safety and building regulations. 16. Outdoor shelving, pallet racking, and cantilever racking for storage shall be prohibited. Outdoor storage of materials not part of any manufacturing or distribution by the tenants /occupants of the building shall be prohibited. 17. The storage area shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area. 18. The nine parking spaces located directly west of the 147 Street West driveway shall be dedicated for employee /customer parking. Overnight storage /parking in those spaces shall be prohibited. 19. The property owner shall install two staggered rows of six -foot (6') tall Black Hills spruce, planted 15 feet apart, on the south side and a portion of the west side of the storage area to the satisfaction of the Natural Resources Coordinator. The trees shall be installed by June 30, 2016. 20. The Conditional Use Permit may be revoked for cause if the terms of (2) through (19) preceding are not adhered to. ADOPTED this 22nd day of December, 2015, (year) Mary Hamann - Roland, Mayor ATTEST: 3 Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on day, month, and year, the original of which is in my possession, dated this day of 2015. Pamela J. Gackfotter, City Clerk 4 CITY OF APPLE VALLEY RESOLUTION NO. 2015 - ARE SOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE AND OVERNIGHT PARKING OF MOTOR VEHICLES & TRAILERS AT 6275 147TH STREET WEST AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes, § 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that outdoor storage may be allowed within the confines of an "I -2" (General Industrial) zoning district and in accordance with specific performance standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for outdoor storage and overnight parking for motor vehicles and trailers used by and in connection with the operation of an occupant's business on the premises has been requested by AVBC, LLC for property located at 6275 147 Street West (hereinafter "Premises "); and WHEREAS, review of such Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on December 2, 2015; and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on December 16, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a Conditional Use Permit for outdoor storage and overnight parking on the Premises identified herein be approved subject to compliance with all applicable City Code regulations and standards, and the following conditions: 1. The Conditional Use Permit shall apply to property 6275 147 Street West and legally described as Lot 1, Block 2, APPLE VALLEY BUSINESS CAMPUS 2ND ADDITION, Dakota County, Minnesota. 2. Outdoor storage /overnight parking of motor vehicles and trailers is permitted provided the motor vehicle or trailer, as the case may be, is under the control and legal interest of an occupant of the Premises and is used in connection with the operation of the occupant's business on the Premises. 3. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall be on the bituminous or concrete surface, with concrete curb and gutter, of the 1 existing off - street parking or loading areas of the Premises and within designated parking stalls or within the loading bay area of the occupant's unit and conducted in an orderly fashion. 4. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall be in operable condition, displaying valid vehicle registration and license, and without any damaged or missing parts. 5. Only vehicles and trailers that may be operated on public roads and highways may be stored or parked on the Premises. Parking or storing heavy or construction equipment not on trailers, or recreational equipment on the Premises shall be prohibited; this would include but not limited to heavy or construction equipment, such as bobcats, mowers, and forklifts or all- terrain vehicles (ATVS), boats, and snowmobiles. 6. No trailers of any kind shall be stored or parked in the front of the building; all trailers shall be stored /parked in the rear of the building. 7. No more than one (1) open /flatbed trailer and no more than a total of three (3) trailers of any kind per each occupied unit shall be stored /overnight parked. Any trailer on or in which goods or materials that are received or ready for distribution in connection with the occupant's business are stored shall not remain on the Premises more than 30 days. No trailer shall be used for storage of any waste, refuse, and goods or materials not otherwise received for use in the fabrication of products produced or ready as a finished product for distribution. 8. Pallets shall be stored on or in trailers and shall be disposed of every seven (7) days. No pallets shall be stored on the ground. 9. Storage /overnight parking in front of the building is allowed only for passenger automobiles, pickup trucks and vans as those terms are defined by Minnesota Statutes, § 168.002, provided such motor vehicle is parked in a designated parking stall and it does not exceed the width and length of a City approved parking stall. All other motor vehicles shall be parked in the rear of the building. 10. All motor vehicles or trailers stored or parked under this Conditional Use Permit shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area. 11. No sea /land cargo containers shall be permitted, except in the occupant's loading/dock area of its unit and not for more than 30 days. 12. Storage of refuse containers, commonly referred to as dumpsters or roll -offs, shall be permitted in the loading /dock area of an occupied unit for use by that occupant, provided no more than one container shall be present, no refuse shall be piled 2 higher than the height of the container walls and the container shall be empty no less than every 30 days. 13. A refuse container of six cubic yards or less may be placed outside directly adjacent to the rear door an occupant's unit for the use of the occupant. The containers must have a lid cover closed at all times, the refuse shall not exceed top rim of container, and the container shall be emptied not less than every 7 days. 14. The storage area shall be maintained in a neat and orderly fashion; no outdoor storage of any kind except as specifically permitted herein shall occur. 15. Outdoor storage shall be subject to all applicable fire, health, safety and building regulations. 16. Outdoor shelving, pallet racking, and cantilever racking for outdoor storage shall be prohibited. Outdoor storage of materials not part of any manufacturing or distribution by the tenants /occupants of the building shall be prohibited. 17. The storage area shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area. 18. The property owner shall install two staggered rows of six -foot (6') tall Black Hills spruce, planted 15 feet apart, on the east side of the storage area to the satisfaction of the Natural Resources Coordinator. The trees shall be installed by June 30, 2016. 19. The Conditional Use Permit may be revoked for cause if the terms of (2) through (18) preceding are not adhered to. ADOPTED this 22nd day of December, 2015. Mary Hamann- Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 3 CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on December 22, 2015, the original of which is in my possession, dated this day of , 2015. Pamela J. Gackstetter, City Clerk 4 APPLE VALLEY BUSINESS CAMPUS CONDITIONAL USE PERMITS PROJECT SITE INFORMATION Existing Conditions Property Location: 14607 Felton Court, 14608 Felton Court, 14645 Felton Court, and 6275 147 Street West Legal Description: Lots 1 and 2, Block 1, APPLE VALLEY BUSINESS CAMPUS Lot 1, Block 1, APPLE VALLEY BUSINESS CAMPUS 2ND ADDITION Lot 1, Block 2, APPLE VALLEY BUSINESS CAMPUS 2ND ADDITION Comprehensive Plan Designation "IND" (Industrial) Zoning Classification "I -2" (General Industrial) Existing Platting Platted Current Land Use Multi- tenant industrial buildings Size: Lot 1, Block 1, APPLE VALLEY BUSINESS CAMPUS = 6.22 acres Lot 2, Block 1, APPLE VALLEY BUSINESS CAMPUS = 6.24 acres Lot 1, Block 1, APPLE VALLEY BUSINESS CAMPUS 2ND ADD. — 10.73 acres Lot 1, Block 2, APPLE VALLEY BUSINESS CAMPUS 2ND ADD. = 2.99 acres Topography: Generally flat with steep slope along the east side of the property Existing Vegetation Grass and landscaping Other Significant Four storm water ponding areas. Natural Features Adjacent NORTH Eastview High Senior High School Properties/Land Comprehensive Plan "INST" (Institutional) Uses Zoning/Land Use "P" (Institutional) SOUTH Magellan Petroleum Tank Farm Comprehensive Plan "IND" (Industrial) Zoning/Land Use 1-2" (General Industrial) EAST Vacant Industrial Land Comprehensive Plan "IND" (Industrial) Zoning/Land Use "I -2" (General Industrial) WEST Springs at Apple Valley Apartment Complex Comprehensive Plan "HD" (High Density Residential) Zoning/Land Use "PD- 746 /zone 3" (Planned Development) r e` t o y�� r i ,r te a`. w a � ■ ■ ,� , ire ! � ��� ��l��r� wilf V deal■ }� _'�� *_; �J RAF VIA 1 '1 r ,: 151ra JF AI Ali *=Ytj 11 7 v- M s i - I t • 3 �,� �Ja \� i t;e f t iS���tr"" J� t3 i �'Fli�r ► sue jl`v f a r * , c vk I i I r' 1�; !rte ,IoV. o�IEll�trf s. s � r F ol d fil I A P'valley OVERALL GRADING PLAN iii• r�• ApP valley help :l.'g s.cu.dakoia.mn.usfDCGIS.' DaWs County . 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" 0 L A k P E R T A R C H I T E C T S xR swmm 0 uw] 1 k„ w EP tA L Ln LU ly m N m C co C Lu W C 4u + J M~ 44 LJ CL C CL Q � o +e � -n .csxl vkEaNN1Rv Orl�ll REHY�� ,� oe] +II kENSfO Scb rPx 61 kY 15 �rR 9s9ai,Ri I541f 0 SITE PLAN 5n661 W W Al P+Opct Nc. 1f0374 -1 8 F E [p �) of TREE ip PLANTING DETAIL ,eAit /3\SHRU6 PLANTING DETAIL 1 LI Nol io suL� l O' PIN }RCES NA 4R�aNCMES�lL L MtN eARlc lY PARKING AREA ARKING AR£A IS[PND PREPS TREES mWt LOi 11}€0 115p5r.GOpY IACL4up ga(. Lp[ 56 SJJ ci SJO Si S 43 SCCC 9#FA {ES M PUNpnc AREA vAix SNWACLS. G N CROq�u PLANTINp SCHEDULE - sao s sw.uo .nrt c+w nca{vs ®[arA Ra S Cu Cu {a.Le uaPLC aCCa R.NTarpMES 'PUW RCU usPLC aqa. aVSaJN YMYOC SIX• G..vG DFNSA34 5' � Se N,p 0.[. pnAgV N [J {pNi P0.ANai41 Ttl! K6 9YMLE wn.[ Y[ %'P£➢ 5Pa.�1[' /J C[N i. RLANI }� ®C. 5 puti5 ­A � AU p.11E$ PEO Is SO vwL[.. lw�xifi 2'[on [L.SN' I} COVi. RANI ♦' OL. Rc5 m' sNCRN aArcN[o %RC NE Nlucl�. �u[cR.ss Rp uEO .* wslaesEO urcas Nut lu R Ne XEO ALL B3iLlR�p Aq[a5 S RUC% La4M R'Lt SNacB R.N�M 1c�a� eCAM . CBER NAl 1U 9E SWLL[0 6 . �� C CU ��p�a.eafE La xuo� hex vLL SppLCO ARE.S a xfN 0t.anxc9rv 0 U cn Z LA _ CO O m } Q Lu �? J � � — Q I � a CP) — E L LL CL _ Q Unix SuRNnr4 eS.pJ IS 55L1[ Mft LANDSCAPE PLAN Sh..l NNen'n.r L1 P-pcl N.. 110324 -1 R r- i7r'.I I I` i I � I rreSR 4 r OCR _ _ _ I p - L 'sa'MG RCS7[rR b e/]]jIx imsr csmwr odsRroi N'T Ee EVATION rlA¢u xvsRR A3 ES 9 ee} 7 g SI[RPLO fdll)rr3 �- L—A A4 ar!O L Iaiad Wl4 KIdM1 iM 31M7. xVMPLRS )m A rweuC SIO C 4Krm[ W OOCn IerORG COO OOOP (,6 tRI2} (Ie rK51 I i ,�. � — — � � I SWRttR GAIL I � I aRa �I ` t ,aAacu ¢o.A >w.IG mLR YAC Q] aett 'ry@L Srgp 60dr rRrMs G.eR cnn.crco I . Q : 1x7 r =m I.aL . > -e' ww I I aRSS s ors 7 r COrrlS urM riG I r� d -r Si[Cl 90.aACp — Ire I5R4 a.alG yprR]wc ELEVATION 'A' 5 TRASH ENCLOSURE = gxCR[iF Y.N - um rRROx � ] :]a• Bale rr HP1 !s'r OWq SECTION '9' �m C Le ; CAIgR C M4Rp,y ��NORTN ELEVATION Al : ,7' - t stu `-C 1 3 €A$T E' EVA LION ux ecrzms sLRwc Gastrai. — A ff: tRKI I{HWtS {SRORn edsrtol 7Y _e . _ _ _ _ - t(iDF rr 3�IMtcr. N7 Z LLJ Z o � � O m m ui uj 0 Lr uj J m LU 7 CL R J Z) < V r ail My�..:t rrrRe Gr�r M1M rtl dx LL Rrrfe�r oelx or, siaerru 0],11,1] nsG Rf Y. ELEVATIONS Srteel Nu.nOc A3 ProjdCl N. t1032-I nGl,lllllllll(IIIIlIIIIIIIIIG ° T -- ,� r I I I r I VggIIIIfIGIIIJIIIIGIIIIIIIIIIIIIIIIIIIIGIIIqGPVIGGm11111GIIIIIGIIIIIIGIIIIIIIqqm, GGIILII111rIIIGIIIIGIgIIIIIIIIIIIIIIIgGIlBIGIIIIIIIIGPVGGJqIIm, gIIIIIGIIIIVIGIfIIIIIIIIIIIIIJIIIIQlll :1111 -- _-- .,.�.,,,,�----- ._,,,_ - -_�,_ I_I I II I IIIIIGIlIIGIIGIIIIIIIGIfIIIGIIIIIIIIGId�Gllllllllll � , , II I I I Q .l 61, IIIIIIIJIJ. 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UOI CINCnlllllnll ■n■iai ■� ■ ■ � � n �� ■'�� ■�I] ■1�Qr�1� ■�� ■�� ■n ■n ■� ■ ■ 1 �� �� ■�� ■�� ■�� @�j ■ ■ ■�� ■n ■n ■�� _ rllnnllli111m111111111nC014111lIIIIInnlnnnN11111111CIRCIIIIIfIlnlmn11111161111111fllllllnrlllEl1111` IilFlnlllllltllllllllllr±■ IIIIIIgnIIIfACI@ II' IIIIIIIICI1CIInIAnIBCIAtlIINIrVnWIInnIIIIIIInpnIllNll, lrnlsmllllllpklllllll11111111111Crr! IrIIIInp11mIIFlI01rAItlI1nIIIIl111pSnlnnlillCAllCnlllllm i t L� t3 Q O m sa { R r- i7r'.I I I` i I � I rreSR 4 r OCR _ _ _ I p - L 'sa'MG RCS7[rR b e/]]jIx imsr csmwr odsRroi N'T Ee EVATION rlA¢u xvsRR A3 ES 9 ee} 7 g SI[RPLO fdll)rr3 �- L—A A4 ar!O L Iaiad Wl4 KIdM1 iM 31M7. xVMPLRS )m A rweuC SIO C 4Krm[ W OOCn IerORG COO OOOP (,6 tRI2} (Ie rK51 I i ,�. � — — � � I SWRttR GAIL I � I aRa �I ` t ,aAacu ¢o.A >w.IG mLR YAC Q] aett 'ry@L Srgp 60dr rRrMs G.eR cnn.crco I . Q : 1x7 r =m I.aL . > -e' ww I I aRSS s ors 7 r COrrlS urM riG I r� d -r Si[Cl 90.aACp — Ire I5R4 a.alG yprR]wc ELEVATION 'A' 5 TRASH ENCLOSURE = gxCR[iF Y.N - um rRROx � ] :]a• Bale rr HP1 !s'r OWq SECTION '9' �m C Le ; CAIgR C M4Rp,y ��NORTN ELEVATION Al : ,7' - t stu `-C 1 3 €A$T E' EVA LION ux ecrzms sLRwc Gastrai. — A ff: tRKI I{HWtS {SRORn edsrtol 7Y _e . _ _ _ _ - t(iDF rr 3�IMtcr. N7 Z LLJ Z o � � O m m ui uj 0 Lr uj J m LU 7 CL R J Z) < V r ail My�..:t rrrRe Gr�r M1M rtl dx LL Rrrfe�r oelx or, siaerru 0],11,1] nsG Rf Y. ELEVATIONS Srteel Nu.nOc A3 ProjdCl N. t1032-I 14608 FELTON COURT AERIAL MAP PictnrneW IPA - Internal Pape i of 1 h[[p:!lgis.co+ clakn ta.mn.us✓pictometrylinlpviewvd default. aspx ?Lat - 44.73927639308033 &1,crn =- 93.19606509671735 1111 R1?415 III IIIe •IIII 4*0 Apple vlley 14608 FELTON COURT AERIAL MAP r.r.. •t. Apple d r l r � ri fE5 u.11/R4 / x d+u B WES J .1—Fs F Mby IxtN R.BN vA E C1 u as Ixmo r ^i s 1 CVl LE• xA c •+ ErNrvatrons ^, u .y+ 1 NE.B n ' mtux 1 x4 7 'PM Cw DEPT /f fR44 IR MU CxTU+ExS Ypl I�-I" A6aYE MV-XNMIT � Exliiwc m.lx I M —OC %PUEn cur r 4d 1• -r offv m xlrin wnca f � �.wT 4 L3 iE0 mM r lll I! 907 .il w e9° [ SIwa sew •cxI£x FNWEN r. aaDfa.M sore r¢ xl.aEµap . LW $OIL TRLE PLANT9NC DETAIL Lt NDe iP y� "' � 1 1 I I f 1 I t I I uAyExl, •x 1 f.55vExi rlJ Q I I ln�£.n nE 1 { I I I ]' LAKA xY1uD olro MInCSl ! 1 �' I 5 uDEP,Ce BURL.R I 1 * I P 11ac say wDl In I O SHRUB PLANTING DETAIL v LI ami sa PcALE i! P I I 147TH S EE7 EST I PARKING AREA AR --'; AREA ISLAND AREAS TREES Mi Ip1 }2,5ea Sr .f 203 9r IA. W4 B.eN c4i 9,rxD !/ 1 si xYlY 1226.32 w Ea wnr.az w ao uwc ,wE..IiN it.&[ 'Me I"PT Ie.rucE wlx . s, r I Cplm0. BFW.Ey +IN zYV EBOSp+ r cDN+Ba %.xvE .1x N 89`53'75" xEo E 1226.32 ' +sE• wNarc ' _ I sO'M su p I+I4BS4 up, B I n Yrl . acnxl. � wE wass � x rpgD1 . I j I I I 7 ; i'I I I 1 1 4. 071 I gU�LD1, I I I I I -' Ny u �_� 1 L , ia. .. �,' �: ,�lu 1 9 1 :_; . Iv X 1 1 L% •' I ° I v l I I I I I I I I 1 I I I I 1 I I ° I I I y I IX[ sev.�.re [nNS>�n P�[KA[E 1 I I I I I 1 �: 44x°IBM4Mx .0 °wY�t xNCi°MavElAx°faCES 1111FD 1 11 ILI I x Y 55 1 I I I n 6 { I x wD'a44a' E I I w 5 1 1' �1 to.mx a alx. c I I I I w£ CDW.N• ! r � 1 1 1 � •a I a wrtD* . 5 ` I 5 L 1 1 I Y 1 1 1 1 � 1 1 Y 1 1 ' 1 � Irl 11 1 1 1 I l 1 r Y IY 1 1 I ` � � 1 � ��x rl r 11 1 t` t 15 1 1 Ir 5 11 II 1 5 _ � I ' Sr ~ 7 X54 SfitFE'� . N 89' 42'07" W__44380 _� ~~ .• __________ __________1 4 act Y,LY B000E4 •KEA 147TH STREET WEST 1 PLAx rINO SCHEDUE OTV. ",I COMMON NAME w,iiC OW I BOTANICAL NAME WEBWS 84aLA'I WE I MTND _ REMARKS 1 LANDSCAPE PLAN Ei n.. . aP _n uN0.E atta RWiwdDES *c«a' e' s' [6 barCS Dx5 DLaC1{ ..A Aan WB�Bw ca DExHr• as e' M XE° µi wsivaem .P[.5 '. Atiw IBUCx .0 9wIB':.IW ZINC .REaS x D Ex[dP.5kWB J' 4EaN, Bu amv6CAM5 RKI]In p cWr xi �' DC A' tlx O $ INelylE4 1 . IL AU-A. 61naw4nLUaal'+GS. ° rf xBls BEB AES '.PN DWBY µ 1] eGxi Pglw.Pak RWr ] -a' fW ED 5vM 4C - la ID xra eA xewl.ty wP.s AEO e. ie£IIN rl,a°x' n x9 Cbyt. . o-c .1WEEP n4 Sxgw +�.oCVED re4 NExrPryav ecuCEA.55 rqA aPAiEx53 SC£a A, Qg�LtM � 09L V (n Z LU 2 Lu � � G N V) a LU ::) M1 Q W CL U IH w� Dv � D- Drr °MOxlifat nroS is LANDSCAPE PLAN Sneer N—b, L1 Pl-i— Ne. 1ID324 -1 N 133'53'15' E 1226.32 N4[TH t SITE Ai 5L4C f gfRna � EGAR 86 -12 CQNCRES CURB Al 4[ -9� Al 2 CONCRETE I o 3,OLLARD .x[ ry l L4 ropoe nt / ry +aa,aval ra v. - - �cc Y 9raxES tru* I I } ACCESSIBLE PARKING SIGN + -c caws wu� we wPr.0 v�.l< 545 -b55 9 €4qW b1 ax4 iv9 M 6x3€ B[ D[S+rfyC SYD I53 aqq ray xpµxG o CS n r —rz . ACCESSIBLE -4 CURB CUT Al KE. a 0 L A M P[ R 5 n R C N I T€ C[ 5 101 ,ED q I.A. 4 U t In Lu Z b Ln � � v m � } J � y J ^ m 1 EL W c- -J < a. d d U SuMxrl4 01 Yi.ai m5V9arinAt NS4t nary SITE PLAN sneer N„mea. Al Prolecl N. 11632.- 4m _ nx [ w TN ; 4601 FE. COURT =4 t. =4 -I T 4608 FELTON COURT 14645 FELTON COURT 6275 147TH STREET W. APPLE VALLEY. MN 55124 Wr= =Ml T= W Nz. " r 1 1 - W ; 4601 FE. COURT =4 t. =4 -I T 4608 FELTON COURT 14645 FELTON COURT 6275 147TH STREET W. APPLE VALLEY. MN 55124 F®IaG.at `+ & �- �.SS -? 7,, T 7 T T IM1' p mps> � � m ruwtt PoPO J Piwlwaw sauerAdsr. are. � "R,siaar � At-nhT LEV ATIA OH I u�siPS s)s«+n .�sa[PP vuEST Ee EvAtION nlrs IswrxPN 0+9[61 A3 x _ Wi — E}1C1 LAJ L A M P E R T Aft C 1T E C 155 E�1 +nw uwua IswtPa E f2 = ^ - - -, trs trcrzPSSxwc nsrzmr _ _ _ C rrex:A< s AT v I — A3 WT E >r -r x -e n 1 1 xr -P• _e rns9t Oe ?wasa °vtPxt+o 000a AJ NO a ( wrAro. utau torn Ir- r. "r -r 6)RT EVATION H EL ff oPSCnc., em, ra✓r . IB a since vtPP. :wir. <oc.rloP (9+°YV PaygO) Mm -t .—AL FM t+Pt YPA4.,LL M- 7 7 war. P. osrc �P �6M 9Pl1C OKP ipBt 5 �L n°bR rra.[5 I W1fP IY\5 inz cAaq w.«xc CLEVATION 'A' � i (%.1 wKK A }. scu[. * amp b �_ rAONrc r M- 7 7 war. P. osrc �P �6M 9Pl1C OKP ipBt 5 �L n°bR rra.[5 "r.in• — n .A2) ff. UMr. SECTION '8' V) Z W Z m Q M m a G uj C � � k < r LU r a a Z) Q U - - �nA.l} qn vwnaa4 Ox 0°.I} iSYef ° +rc ELEVAinDMS 9-1 M—W 3 Prprp<I Np 119 }ZU -1 I W1fP IY\5 inz cAaq w.«xc CLEVATION 'A' r51 TRASH ENCLOSURE A }. scu[. * amp "r.in• — n .A2) ff. UMr. SECTION '8' V) Z W Z m Q M m a G uj C � � k < r LU r a a Z) Q U - - �nA.l} qn vwnaa4 Ox 0°.I} iSYef ° +rc ELEVAinDMS 9-1 M—W 3 Prprp<I Np 119 }ZU -1 14607 FELTON COURT Pictomctr. IPA - Intemal Page I of l Apple htip:/l gis. co. dakola. mn. us pictomctry/ inl p% icwcr/ dcraull ,aspx "Lat= 44.7 3 92 76 3 930803 3 &Lon -- 93.196%509671775 I ]/1812015 Va (I.y 14607 FELTON COURT AERIAL MAP ii• •ii• •• i +i AppValley N 80'53'15" E 1226.32 r T I / N [ • I I q 4 �� L4i1P E R T 4R4 Nlf E CTS I. I wss i Cp°0 ai`sc I. I a " � I I I i ° a.�l, :x ss,a] yl lwl ffa r. eMS 1 ! 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E 4 rIJKS�u¢ 9� U -11 r -r s -r T• -r • �' z z • � ,y m �. g DOOR TYPES 7 DOOR GRAM€ TYP €5 ��, wIND4w TYPES Ay ScKC WPfl 0 0.493 A3 5 G4L. p . 2rr�FJIFD 4+55 A3 7 ? d PtA 8 G ss MYEi, rnmYl[o 9x Wem+trg! u a� €o s +I� v,w. a srlo.c rEw BO's +5 9FME0 4�aF uw�K� K L A M P T � R C H 1 7 R f C T 5 MR TECT tER M1c1— 13559 m O G_ W d J < > Q j V 'CL W cn Q J C!1 a W 3 0- Z Q to H L m t\ N 1a vrrlK� wrwv..,w �enR Ca rd�va Aw 9 Ra.rrr° p i5 pr. 9,gwriry n� /wna �SxC fw &63 ELEVATIONS, DR & WW FLEWS, DOOR SCHEDULE sneer N'm A 3 ProKCL No. 130716 -3 Ivsmm�mc�om I©�lamla�l�do0 �IR4ITMIIf�I� ml�mmm��moll� Ivll�rl�ld�m � IIIRmCim�I� IIGIm�, ®0 ®— ��� ^ IIII ®Ill�llm�l �Ile>��mcrom �11131�m113�mdom f�1119G3r9S�mdom aae�m� ®Ills! ��mmm�moeomc QJ9f'Smtll]� ®D ®� ir� .�mmlr•,�mdol® K L A M P T � R C H 1 7 R f C T 5 MR TECT tER M1c1— 13559 m O G_ W d J < > Q j V 'CL W cn Q J C!1 a W 3 0- Z Q to H L m t\ N 1a vrrlK� wrwv..,w �enR Ca rd�va Aw 9 Ra.rrr° p i5 pr. 9,gwriry n� /wna �SxC fw &63 ELEVATIONS, DR & WW FLEWS, DOOR SCHEDULE sneer N'm A 3 ProKCL No. 130716 -3 6275 147T" STREET WEST AERIAL MAP �sr LOOKING WEST FROM 147T" STREET WEST A V.11, :� •ur sit rra A p p le LOOKING WEST FROM 147T" STREET WEST 0*0 ITEM: 4.M. 0000 000 •mss Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Karamella Addition Final Plat and Development Agreement Staff Contact: Department / Division: Kathy Bodmer, Planner Community Development Department Applicant: Karamella, LLC Project Number: Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: Adopt the resolution approving the final plat of Karamella Addition and development agreement and authorizing the City Clerk and Mayor to sign all required documents. SUMMARY: Karamella LLC requests approval of the final plat and development agreement for the Karamella Addition, which includes a single developable lot and an outlot for future development. The property will be developed for a 69,500 sq. ft. manufacturing and warehouse facility with 4,200 sq. ft. of ancillary retail. The subdivision is 21.58 acres with Lot 1 at 11.11 acres and Outlot A at 8.21 acres. A 26' wide drainage /utility easement is shown on the plat along Johnny Cake Ridge Road for future trail connection and a drainage and utility easement is shown over the stormwater infiltration area on Lot 1. The City Engineer has determined that a public project is not needed for the Karamella site. Utilities are available to the site and no street extensions are needed. Instead, the public items will be installed privately by the developer. The City Engineer will review and approve all plans and the City will conduct all inspections to ensure the public utilities are installed to City specifications. The development agreement will include a private maintenance agreement for the infiltration area, a trail easement and an access restriction easement along Johnny Cake Ridge Road. Park dedication will be a cash -in -lieu of land dedication and storm water pond dedication will be addressed by dedicating a drainage and utility easement over the 1.4 -acre stormwater infiltration area. BACKGROUND: N/A BUDGET IMPACT: Tax Increment Financing has previously been requested and approved for this development. ATTACHMENTS: Background Material Resolution Agreement Agreement Agreement Agreement KARAMELLA ADDITION PROJECT REVIEW Existing Conditions Property Location: Northwest of Johnny Cake Ridge Road and 147` Street W. Legal Description: A parcel of land located in the East Half of the Southwest Quarter of Section 26, Township 115, Range 20, Dakota County, Minnesota, more particularly described as follows: Commencing at the South quarter corner of said Section 26; then North 00 degrees 05 minutes 31 seconds East along the East line of said East '' /z of the Southwest' /4 a distance of 1957.76 fee to the point of beginning; thence South 89 degrees 51 minutes 01 seconds West a distance of 655.87 feet; thence 583.57 feet along the arc of a tangential curve concave southerly having a radius of 2045.00 feet, central angle of 16 degrees 21 minutes 01 seconds; thence South 73 degrees 30 minutes 00 seconds West a distance of 101.63 feet to the west line of the said East Y2 of the Southwest 11 /4 ; thence North 00 degrees 02 minutes 52 seconds West along said west line of the East '' /z of the Southwest' /4 a distance of 799.83 feet to the North line of said East ' /z of the Southwest 11 /4; thence North 89 degrees 53 minutes 15 seconds East along the said north line of East 11 /2 of the Southwest' /4 a distance of 1330.55 feet to the east line of said East 11 /2 of the Southwest V4; thence South 00 degrees 05 minutes 31 seconds West along said East line of the East 1 /2 of the Southwest' /4 a distance of 687.66 feet to the point of beginning there terminating. Comprehensive Plan "IND" (Industrial) Designation Zoning Classification 1-2" (General Industrial) Existing Platting Unplatted. Current Land Use Vacant. Size: 21.58 acres Topography: Generally flat. Existing Vegetation Crops. Other Significant None identified Natural Features Adjacent NORTH Johnny Cake Ridge Park West Properties/Land Uses Comprehensive Plan "P" (Park) and "INS" (Institutional) Zoning/Land Use "P" (Institutional) SOUTH Former Hanson Site Comprehensive Plan "IND" (Industrial) Zoning/Land Use 11 I -2" (General Industrial) EAST Vacant pro (Patina Addition) and U onor Comprehensive Plan "IND" (Industrial) Zoning/Land Use "I -P' (Limited Industrial) WEST Apple Valley Business Campus Comprehensive Plan "IND" (Industrial) Zoning/Land Use 1-2" (General Industrial) CITY OF APPLE VALLEY RESOLUTION NO. 201 - FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL KARAMELLA ADDITION WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a public hearing on an application for subdivision of land by plat on August 5, 2015; and WHEREAS, the City Planning Commission found the preliminary plat to be in conformance with the standards of Chapter 153 of the City Code and recommended its approval on August 19, 2015, subject to conditions, which was subsequently approved by the City Council on August 27, 2015; and WHEREAS, pursuant to Chapter 153 of the City Code, a subdivision agreement between the applicant and the City detailing the installation of the required improvements in the subdivision and the method of payment therefore has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the subdivision agreement and final plat for the following described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit: KARAMELLA ADDITION BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said plat shall be filed with the Dakota County Recorder within sixty (60) days of the certified release from the City offices or such approval shall be null and void. ADOPTED this 22nd day of December, 2015. Mary Hamann - Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council and the final plat described therein is hereby released for recording with the Dakota County Recorder this day of Pamela J. Gackstetter, City Clerk 2 DEVELOPMENT AGREEMENT Between KARAMELLA, LLC And CITY OF APPLE VALLEY For KARAMELLA ADDITION AGREEMENT WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the "City "), has been requested by Karamella, LLC, a Minnesota limited liability company (the "Developer ") to approve for recording the following described subdivision of land: The Plat of KARAMELLA ADDITION (the "Subdivision "); and WHEREAS, Developer intends to develop the Subdivision as one (1) lot and one (1) outlot; and WHEREAS, pursuant to City Ordinances, the Planning Commission held a public hearing with reference to the application for approval of the plat on August 5, 2015; and WHEREAS, the Planning Commission recommended its approval on August 19, 2015; and WHEREAS, the City Council approved the preliminary plat on August 27, 2015; NOW, THEREFORE, in consideration of the mutual agreements of the parties it is hereby agreed by and between the parties as follows: 1. Subject to the terms and conditions of this Agreement, the City hereby approves for recording the plat known as KARAMELLA ADDITION, as shown and noted on Exhibit `A" attached hereto. The Developer shall deliver a copy of the recorded plat to the City. 2. The development of the Subdivision shall comply with the conditions of preliminary plat approval contained in City Resolution No. 2015 -113, a copy of which is attached hereto as Exhibit "B" and incorporated herein. Notwithstanding the foregoing, the City hereby waives condition no. 5 of preliminary plat approval contained in City Resolution No. 2015 -113 to the extent it requires dedication of easements for street, sidewalk, street lights, and tree plantings along the entire perimeter of Lot 1 wherever abutting public right -of -way. 3. The development of Lot 1 shall comply with the conditions of building permit authorization contained in City Resolution No. 2015 -114, a copy of which is attached hereto as Exhibit "C" and incorporated herein. 1 4. The Developer shall install the necessary (i) water services, (ii) sanitary sewer services, (iii) storm sewer system, including but not limited to a stormwater pond and infiltration basin, (iv) turn lanes, (v) concrete sidewalk, (vi) bituminous trail and (vii) repairs to public streets, boulevards, sidewalk and trail (collectively the "Improvements ") in accordance with the approved plans dated December 1, 2015, prepared by WSB & Associates, Inc., including but not limited to the following: Sheet CD101 Site Demolition Plan Sheet CS101 Site Plan Sheets CS501, CS502 & CS503 Site Details Sheet CG101 Grading & Drainage Plan Sheet CG102 Enlarged Grading Plan Sheet CG110 Storm Sewer Plan Sheet CG120 Sediment & Erosion Control Plan Sheets CG121, CG122 & CG123 Stormwater Pollution Prevention Plan Narrative Sheets CG501 & CG502 Grading, Storm & Erosion Control Details Sheet CU101 Utility Plan Sheets CU501 & CU502 Utility Details Sheet LS101 Landscape Plan The Improvements shall be constructed in accordance with City standards and the approved plans and specifications. Any revisions to the approved plans and specifications must be approved by the City Engineer. 5. Upon completion of the Improvements, and following acceptance by the City, the following Improvements shall be maintained as follows: A. The City shall only be responsible for maintenance of sanitary sewer lines having a pipe equal to or greater than eight inches in diameter and located within public right -of -way or utility easements. Maintenance of service and lateral lines shall be in accordance with City Policy 2.03 Water and Sanitary Sewer Service Maintenance and Repair Policy Adopted July 8, 2010, per Resolution 2010 -144. 2 B. The City shall only be responsible for the maintenance of water lines having a pipe equal to or greater than six inches in diameter and located within public right -of -way or utility easements. Maintenance of service and lateral lines shall be in accordance with City Policy 2.03 Water and Sanitary Sewer Service Maintenance and Repair Policy Adopted July 8, 2010, per Resolution 2010 -144. C. The storm sewer improvements shall be owned and maintained by the City, subject to the terms of the Stormwater Pond and Infiltration Basin Construction and Maintenance Agreement between the Developer and the City, and shall be located entirely within public right -of -way or public easements. 6. The Developer agrees to install the Improvements, driveway, parking lots, sidewalks, trails, landscaping, subdivision monuments and protective utility service boxes to serve the Subdivision, in accordance with the plans approved by the City and under the following conditions: A. To construct sidewalks, trails and driveways with concrete or bituminous material in accordance with City construction standards. B. To seal or cause to be sealed all existing wells on the Property in accordance with State, County and local laws. C. To install a protective box and cover over each sewer cleanout and water shutoff, to City specifications. D. To install all subdivision monuments upon or before the filing of the plat for recording. E. To install and maintain all materials (trees, shrubs and sod) identified in the City approved landscape plan. F. The Developer agrees to comply with all requirements of the Natural Resources management regulations as set forth in Chapter 152 of the Apple Valley City Code prior to, during and after the development of the Subdivision. The Developer further agrees to submit to the City for its approval, a Natural Resources Management Plan prior to any construction of land - disturbing activity in connection with the development of the Subdivision. The Developer shall implement and comply with all terms and conditions of the approved Plan prior to and during any construction or land - disturbing activity, including, but not limited to, maintaining the performance security required in Chapter 152 of the Apple Valley City Code. G. To install erosion control measures in accordance with the Natural Resources Management Plan. 3 H. To install each item noted in Section 6, herein, at the Developer's sole cost and expense, in accordance with all plans reviewed and approved by the City. L To attend a preconstruction meeting with representatives of the City and to require the attendance of all contractors and subcontractors, prior to commencement of construction. J. Developer will not bury any pipe nor install bituminous surface nor pour concrete without the specific approval of the City Inspector, prior to the work being performed. K. All "on- site" inspections by the City will be done at the sole cost and expense of Developer, by persons supplied by the City. L. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of Two Hundred Seventy -Two Thousand Eighty -Eight and No /100 Dollars ($272,088.00) to secure the performance and payment of the Developer's obligations under this Agreement as they relate to the Improvements, in a form and with terms to the sole satisfaction of the City, until all the obligations are fulfilled. M. To pay the City's costs related to the installation of the Improvements and this Agreement, including but not limited to administration, engineering, legal fees and inspection, which the City estimates to be approximately Thirty -Two Thousand Seven Hundred Fifty -Three and No /100 Dollars ($32,753.00). Such costs shall be paid as follows: (i) The Developer shall deposit the sum of Thirty -Two Thousand Seven Hundred Fifty -Three and No /100 Dollars ($32,753.00) with the City for payment of the City's costs under this Agreement. (ii) The City shall apply the deposit toward payment of the City's costs related to the Improvements and this Agreement on a monthly basis. (ii) Upon separate written request from the Developer, not more than one time per month, the City shall submit a written statement to the Developer with detailed descriptions of the City's costs related to the Improvements and this Agreement, and a statement of the balance of the deposit. (iii) If the City's costs exceed the deposit, the Developer agrees to reimburse the City within thirty (30) days of billing. Should the costs be less than the amount of the deposit, upon completion of the Improvements, the amount remaining on deposit shall be returned to the Developer. 4 N. That any material violation of the terms of this Agreement and in particular this Section, shall allow the City to stop and enjoin all construction in the Subdivision until authorization to proceed is given by the City. The Developer agrees to hold the City harmless from any damages, causes of action, or claims related to the construction being stopped by the City. 7. The Developer agrees to install all utilities underground in the Subdivision, specifically including electrical, telephone, cable television and gas services. 8. No occupancy of any building in the Subdivision shall occur until water, sanitary sewer, and a paved driving surface are available for use to that building. 9. Within thirty (30) days after completion of the Improvements, the Developer shall (i) provide the City with an as -built survey of the public infrastructure improvements in a format approved by the City Engineer, (ii) televise the utilities to ensure they have been completed in accordance with the City Code, City Standards and the plans and specifications on file with the City and (iii) give written notice to the City that the Improvements have been completed in accordance with the City Code, City Standards and the plans and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer of any Improvements that do not appear to conform to the City Code, City Standards and /or the submitted plans and specifications. If Developer's Improvements do not conform to the City Code, City Standards and submitted plans and specifications or are later discovered to not conform, the City shall immediately notify the Developer of the need for repair or replacement. Notwithstanding any provision herein to the contrary, the Developer agrees that in case of emergency, the City may cure any default by Developer without prior notice to Developer, and the Developer waives any and all rights to notice of default in such event. Any cost incurred by the City to cure the default shall be the financial obligation of the Developer, and shall be paid to the City within ten (10) days of receipt of an invoice for such costs. 10. Upon submission of a building permit application for a new building or for an addition to an existing building, the Developer agrees to pay the City for the public services furnished to the building or the addition, an amount as determined below upon the basis of units 5 (per building or addition) as determined by the City Engineer, which amount shall be paid in the following manner: A. Sewer Availability Charge - The rate per unit is based on the year in which the building permit is issued (presently $2,798.00 per unit - $2,485.00 Metro and $313.00 City). The person who applies for a building permit shall pay, at the time of the issuance of the permit, an amount equal to the rate times the number of units. This fee is subject to change if the obligation of the City to the Metropolitan Waste Control Commission changes. B. Water System, Supply and Storage Charge - The rate per unit is based on the year in which the building permit is issued (presently $852.00 per unit). The person who applies for a building permit shall pay, at the time of the issuance of the permit, an amount equal to the rate times the number of units. 11. The Developer shall be responsible for the payment of sanitary sewer, water and storm sewer area charges collected by the City to construct the necessary trunk systems to service the Subdivision. A. Sanitary Sewer — Sanitary sewer trunk charges shall be calculated based on the rate per SAC unit for the year in which each building permit is issued. Sanitary sewer trunk charges shall be paid prior to issuance of each building permit for the Subdivision. B. Water. Water trunk charges for Lot 1, Block 1, in the amount of $27,197.00 shall be paid to the City prior to the release of the plat for recording. These trunk charges are calculated as follows: Water trunk charges: $2,424.00 per acre x 11.22 acres = $27,197.00 Additional water area charges shall be required upon the replat of Outlot A for development, at the rate then in effect. C Storm Sewer. Storm sewer trunk charges for Lot 1, Block 1, in the net amount of $82,320.00 shall be paid to the City prior to the release of the plat for recording. These trunk charges are calculated as follows: Storm Sewer trunk charges: $8,148.00 per acre x 11.22 acres = $91,421.00 Credit for oversized 27" storm sewer trunk line: ($9,101.00) Net storm sewer trunk charges: $82,320.00 6 Additional storm sewer area charges shall be required upon the replat of Outlot A for development, at the rate then in effect. 12. The parties mutually recognize and agree that park dedication requirements as provided in Chapter 153 of the City Code shall be satisfied as follows: A. Park dedication requirements with respect to the construction of a building containing 69,500 square feet of warehouse /manufacturing area and 4,200 square feet of ancillary retail sales area (the "Original Building "), shall be satisfied by a cash payment of $11,200.00. Payment must be made to the City prior to the release of the plat for recording. The cash payment to satisfy park dedication requirements for the Original Building is computed in the following manner: Industrial Area Warehouse /manufacturing area: 69,500 square feet Number of Employees per 1,000 square feet: 1 1 employee = 0.1 resident equivalent Parkland per resident: 0.00955 acre Industrial benchmark land valuation: $100,000.00 per acre Land Dedication: 69,500 square feet x 1 employee per 1,000 square feet = 69.5 employees x 0.1 resident equivalent per employee = 6.95 resident equivalents x 0.00955 acre parkland per resident equivalent = 0.06637 acres Cash Dedication: 0.06 acres x $100,000 per acre = $6,000.00 Retail Area Retail area: 4,200 square feet Number of Employees per 1,000 square feet: 2 1 employee = 0.25 resident equivalent Parkland per resident equivalent: 0.00955 acre Commercial benchmark land valuation: $260,000.00 per acre Land Dedication: 4,200 square feet x 2 employees per 1,000 square feet = 8.4 employees x 0.25 resident equivalent per employee = 2.1 resident equivalents x 0.00955 acre parkland per resident equivalent = 0.02 acres Cash Dedication: 0.02 acres x $260,000 = $5,200.00 Total Cash dedication (Industrial + Retail) = $11,200.00 B. Additional park dedication will be due and payable to the City if the total square footage of the building(s) on Lot 1 is increased by expansion of the Original Building or by construction of an additional building. Park dedication requirements with respect to any additional square footage shall be determined at the time of application for the building permit using approved City benchmark land valuations then in place, and shall be paid prior to the release of the building permit. 7 C. Additional park dedication will be due and payable to the City at the time of replat of Outlot A for development, at the rates then in effect. 13. The parties mutually recognize and agree that storm water pond dedication requirements for Lot 1, Block 1, of the Subdivision, as provided in Chapter 153 of the City Code, shall be satisfied by the dedication of drainage and utility easements on the plat for an approximately 1.4 -acre storm water ponding area and construction of the storm water pond and infiltration basin in accordance with the approved plans and specifications. The pond and infiltration basin shall be constructed by the Developer and approved by the City Engineer prior to the issuance of the Certificate of Occupancy for any building on Lot 1. Pond dedication for Outlot A shall be required at the time of replat of Outlot A for development. 14. The Developer shall install and pay for a public or private street lighting system, constructed to City and Dakota Electric Company standards. The street lighting plan shall be reviewed and approved by the City Engineer prior to issuance of the building permit. 15. The Developer agrees to pay $16,000.00 to the City toward the cost of constructing an eight foot wide bituminous trail adjacent to Johnny Cake Ridge Road. Payment shall be made prior to the release of the plat for recording. 16. The Developer agrees to provide the City with an as -built survey of the public infrastructure improvements in a format approved by the City Engineer and of each building constructed within the Subdivision, prior to the issuance of the Certificate of Occupancy for that building. 17. The Developer agrees to reimburse the City for all engineering, administrative and legal costs and expenses incurred by the City in connection with this Agreement or the enforcement thereof. 18. Unless a longer warranty period is provided by Minnesota law, the Developer warrants all Improvements required to be performed by Developer, its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years 8 after acceptance by the City. Developer shall provide a warranty bond(s), in an amount equal to the cost of the Improvements, for a two (2) year period commencing upon the City's acceptance of the Improvements. The Developer shall be solely responsible for the cost and expense to perform all required repair work to City Standards within thirty (30) days of written notification by the City. 19. INSURANCE A. General Requirements: The Developer shall not commence work under this Agreement until it has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the City, and the Developer shall maintain such insurance until the date six (6) months after the City has accepted the Improvements. The Developer shall not allow any subcontractor to commence work on its subcontract until all insurance required for the subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten (10) days written notice to the City of intent to cancel. The Developer shall notify its insurance company in writing that the insurance company must notify the City if it cancels the Developer's insurance. The Developer shall provide a copy of this written notice to the City. Each insurance policy shall contain a clause naming the City as an additionally insured party under the policy. Certificates of insurance shall be submitted on Standard Form C.I.C.C. -701 or ACORD 25 forms and shall specifically note the clause providing for 10 days written notice to the City of intent to cancel. The certificates of insurance shall also specifically note the clause naming the City as an additionally insured party under the policy. The following minimum coverage shall apply. i) Worker's compensation insurance and employer's liability insurance as required by law. ii) Comprehensive general and automobile liability insurance, including coverage for non -owned and hired vehicles, in limits as follows: General Liability - Bodily Injury $1,000,000 each occurrence $1,000,000 completed operations Property Damage $100,000 OR Combined Single Limit $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability - Bodily Injury $250,000 each person $500,000 each occurrence 9 Property Damage $100,000 each occurrence $200,000 aggregate OR Combined Single Limit $1,000,000 iii) In addition to all listed coverages, Developer shall procure and maintain an Umbrella or Excess liability policy in a minimum limit of $1,000,000. B. Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Developer. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Developer at its sole cost and expense. C. Contractual Liability: To the fullest extent permitted by law, the Developer shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of this Agreement provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Developer, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. 20. The Developer shall execute and record with the plat an access restriction easement in favor of the City to restrict access from the Property to Johnny Cake Ridge Road and 147 Street, in the form attached hereto as Exhibit "D ". 21. The Developer shall execute and record with the plat a trail easement in favor of the City, in the form attached hereto as Exhibit "E ". 22. The Developer shall execute and record with the plat a Stormwater Pond and Infiltration Basin Construction and Maintenance Agreement, in the form attached hereto as Exhibit "F ". 23. The Developer hereby specifically releases the members of the City Council from any personal liability in connection with handling funds pursuant to the terms of this Agreement, and further agrees to indemnify and hold the members of the City Council harmless from any 10 claim, of any and every nature whatsoever, as a result of this Agreement or the creating of the Subdivision. 24. The parties mutually recognize and agree that all terms and conditions of this Agreement run with the land herein described and shall be binding upon the respective heirs, administrators, successors and assigns of the Developer. IN WITNESS WHEREOF, the parties have executed this Agreement. Karamella, LLC, a Minnesota limited liability company Dated: 1 2015 By: Its: CITY OF APPLE VALLEY Dated: 1 2015 By: Mary Hamann- Roland Its: Mayor Dated: 1 2015 By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2015, before me, a Notary Public within and for said county, personally appeared to me personally known, who being by me duly sworn, did say that he /she is the of Karamella, LLC, the Minnesota limited liability company named in the foregoing instrument, and that said instrument was signed on behalf of the limited liability company by authority of its board of governors, and acknowledged said instrument to be the free act and deed of the limited liability company. Notary Public 11 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this _ day of , 2015, before me a Notary Public within and for said County, personally appeared Mary Hamann - Roland and Pamela J. Gackstetter to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432 -3136 MDK (66- 36251) 12 W L7 d W O I - A L� F+�I '- exxw� nYwfn W tN 5 . 0 � KARAMELLA ADDITION N x� I I r+.im M ®u n..nr.m wanmwmn ubA,mmm�m tnNN,aN ..rc N, --- - - - - -- -- - - ---- - Tri4fV8Ml�l�1 � a • i,rvww Kn LOT f n+. nrn n„n. m +n.•n mm��.n.x nr. enin. n OIRLOTA un n..n, 2 . ..Y - - rm7,nrry s .rrta.r u a ,i x,o • ,art sTri� nesT - - - — -- an.a� ., xx a ..o.x� tns sY •e os. �o:,e wa.e�ns) _- � -'- - " -'- 5 ,..�. u wy,....., n, r..t_. N. to wee_ eaten qi [awwIII^: • � sv PR M IN -1 LW AT EXHIBIT "B" TO DEVELOPMENT AGREEMENT CITY OF APPLE VALLEY RESOLUTION NO. 2015 -113 PRELIMINARY PLAT APPROVAL KARAMELLA ADDITION WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a public hearing on an application for subdivision of land by plat on August 5, 2015; and WHEREAS, the City Planning Commission reviewed the preliminary plat for conformance with the standards of Chapter 153 of the City Code and made a recommendation regarding its approval on August 19, 2015, subject to conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the preliminary plat for the following described plat of land is hereby approved for a two year period, to wit: KARAMELLA ADDITION BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said preliminary plat approval is subject to the following conditions, which shall be incorporated into a subdivision agreement to be considered for approval at the time of submission of the request for final plat approval: 1. The plat shall be configured to have one (1) lot and one (1) outlot. 2. Paris dedication requirements are based upon the City's finding that the subdivision will create eight (8) resident - equivalents that will generate a need for 0.08 acres of parkland in accordance with adopted City standards for park services. This required dedication shall be satisfied by a cash -in -lieu of land contribution based on 0.08 acres of needed land area at a benchmark land value of $100,000 per acre for industrial uses and $260,000 for retail uses, which the City reasonably determines that it will need to expend to acquire land elsewhere in order to provide the necessary park services as a result of this subdivision. The property owner acknowledges that any future expansion of the proposed manufacturing/retail facility on Lot 1, Block 1 shall incur a Park Dedication fee. The fee shall be determined at the time of the building expansion using approved City benchmark land valuations then in place. The cash dedication amount for Outlot A, Karamella Addition, as provided in Chapter 153 of the City Code, shall be satisfied by cash payment to be determined at the time of final plat and site plan/building permit authorization. The cash dedication payment amount shall be collected with the building permit. 3. Storm water pond requirements shall be satisfied by the dedication of storm water ponding easements according to the preliminary plat, which is the land the City reasonably determines that it will need in order to provide the necessary storm water management as a result of this subdivision. 4. Dedication on the final plat of a 26 -foot wide easement for drainage, utility, and trails on the east perimeter of Lot 1, Block 1 abutting Johnny Cake Ridge Road. 5. Dedication on the final plat of a minimum ten foot (10') wide easements for drainage, utility, street, sidewalk, street lights, and tree plantings along the entire perimeter of lot(s) within the plat wherever abutting public road right -of -ways. 6. Dedication on the final plat of drainage and utility easements within the plat sufficient to serve the development, either as defined or blanket easements. 7. Installation of municipal sanitary sewer, water, storm sewer, and street improvements as necessary to serve the plat, constructed in accordance with adopted City standards, including the acquisition of any necessary easements outside the boundaries of the plat which are needed to install connections to said necessary improvements. The Developer shall enter into an agreement with the City for payment of the design of said municipal improvements. 8. Any connection to municipal sanitary sewer, water, and storm sewer line shall be in accordance with City standards and all necessary permits shall be obtained. 9. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of all the infiltration areas contained within the development. 10. Installation of left turn lanes within the right -of -way of 147th Street W. and Johnny Cake Ridge Road, in accordance with City standards. 11. The developer agrees to pay $16,000 towards the cost of an 8' -wide bituminous trail along Johnny Cake Ridge Road to be constructed at the time of roadway improvements to said road. 12. The developer shall be responsible for the trunk charges calculated on the acreage contained in the subdivision, multiplied by the rate established in the City Code. 13. Submission of a final grading plan and lot elevations with erosion control procedures, to be reviewed and approved by the City Engineer. The applicant shall also submit a copy of the of the General Storm Water Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit prior to commencement of grading activity. 2 14. Approval of the final grading plan and issuance of a Natural Resource Management Plan (NRMP) shall be contingent upon receipt of written approval from Magellan Pipeline Company granting permission to encroach into their existing pipeline easement for driveway, grading, drainage, utility, and infiltration purposes. 15. Installation of City street trees on boulevard areas of public street right -of -ways, in accordance with species, size, and spacing standards established in the Apple Valley Streetscape Management Plan. 16. Installation of a public or private street lighting system, constructed to City and Dakota Electric Company standards. 17. Construction shall be limited to the hours of 6:00 a.m. to 10:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 7:00 a.m. to 8:00 p.m. 18. Eartlunoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. Weekend earthmoving activities shall be limited to the hours of 7 :00 a.m. to 5:30 p.m. 19. The City receives a hold harmless agreement in favor of the City as drafted by the City Attorney and incorporated into the subdivision agreement. ADOPTED this 27th day of August, 2015. t�1 _ M r1aryl Mayor ATTEST: Ll7 Pamela J. Crack ctter, City Clerk 3 EXHIBIT "C" TO DEVELOPMENT AGREEMENT CITY OF APPLE VALLEY RESOLUTION NO. 2015-114 A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR KARAMELLA, LLC AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance of a building permit for commercial, industrial, and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project; and WHEREAS, the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on August 19, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the issuance of a building permit for Karamella, LLC is hereby authorized, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. The Building Permit shall be applicable to property identified as Lot 1, Block 1, KARAMELLA ADDITION. 3. There shall be no operation of ancillary retail until the adoption and publication of the amendment to Chapter 155 (Zoning) allowing for ancillary retail in conjunction with a permitted use. 4. Construction shall occur in conformance with the site plan received in City offices on August 12, 2015, including parking lot paving and a non - surmountable concrete curb and gutter around the entire perimeter with a minimum driveway approach radius of 15' at each public street, and a valley gutter at the edge of the street pavement; subject to the installation of bike racks to serve the retail store; the installation of additional pedestrian connections from the public trail along 147th Street W. to the primary building; the materials used for the trash enclosure shall be the same as those used for the primary structure; and the construction of a minimum of 196 parking spaces in the first phase of the development. Any future phases shall require additional parking to meet the needs of the development per City Code. 5. Construction shall occur in conformance with the landscape plan received in City offices on August 12, 2015, including sodded/seeded public boulevard area up to each street curbline; subject to submission of a detailed landscape planting and irrigation price list for verification of the City's 1' /z % landscaping requirement at the time of building permit application; and the comments raised by the Assistant City Engineer in his memo dated August 14, 2015, shall be addressed. 6. Construction shall occur in conformance with the elevation plan received in City offices on July 30, 2015, subject to modifications of the retail portion of the primary building to conform to City standards for retail buildings. 7. Construction shall occur in conformance with the grading plan received in City offices on August 12, 2015, subject to addressing the comments raised by the Assistant City Engineer in his memo dated August 14, 2015. Site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) which shall include final grading plan to be submitted for review and approval by the City Engineer; subject to the applicant submitting a copy of the General Storm Water Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Mules 7 100. 1000 - 7100.1100 regarding the State NPDES Permit prior to commencement of grading activity. 8. All ponding and infiltration areas shall be constructed in conformance with the City standards. 9. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the pond buffer area and infiltration areas. 10. A lighting plan shall be submitted with the building permit application to ensure compliance with the City's photometric requirements of 1.0 footcandles at the property line. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. All lighting shall be arranged so as deflect light away from any adjoining residential uses or public roads. 11. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the erection of any signs. 12. Construction shall be limited to the hours of 6:00 a.m. to 10 :00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 7 :00 a.m. to 8:00 p.m. 13. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5 :30 p.m. Monday through Friday. Weekend earthmoving activities shall be limited to the hours of 7 :00 a.m. to 5:30 p.m. 2 14. Earthmoving activities shall not occur when wind velocity exceeds thirty (3 d) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 15. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125% of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline, with the cost of such City completion to be charged against the financial guarantee, 16. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements including landscaping as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City, Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. 17. Notwithstanding Chapter 153 of the Apple Valley Code of Ordinances, a permit may be issued prior to the platting of the land provided that the land must be platted prior to occupancy. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 27th day of August, 2015. O& C— U - -u ;Ma ATTEST: ( MAJ-01 6 0-1W R t Pamela J. Gack t tier, ity Clerk 3 EXHIBIT "D" TO DEVELOPMENT AGREEMENT [Insert Access Restriction Easement] EXHIBIT "E" TO DEVELOPMENT AGREEMENT [Insert Trail Easement] EXHIBIT "F" TO DEVELOPMENT AGREEMENT [Insert Maintenance Agreement] ACCESS RESTRICTION EASEMENT THIS EASEMENT is made this day of , 2015, by Karamella, LLC, a Minnesota limited liability company (the "Landowner "), in favor of the City of Apple Valley, a Minnesota municipal corporation (the "City "). The Landowner is the fee title holder of property legally described as follows: Lot 1, Block 1, KARAMELLA ADDITION, Dakota County, Minnesota (the "Property "). The Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City and its successors and assigns, a permanent easement for access restriction purposes over, under and across the property legally described as follows: A strip of land one foot in width over that part of Lot 1, Block 1, KARAMELLA ADDITION, Dakota County, Minnesota, lying westerly of and adjacent to the east line of said Lot 1, and lying northerly of and adjacent to the south line of said Lot 1, EXCEPT that part lying between a point 304.43 feet west, as measured along the south line of said Lot 1, from the southeast corner thereof, to a point 349.43 feet west, as measured along said South Line, from said southeast corner, AND EXCEPT that part lying between a point 19.42 feet south, as measured along the east line of said Lot 1, from the northeast corner thereof, to a point 129.42 feet south, as measured along said East Line, from said northeast corner, AND EXCEPT that part lying between the southwest corner of said Lot 1, to a point 50.00 feet east, as measured along said South Line, from said southwest corner. (the "Easement Area "). See also Exhibit "A" attached hereto and incorporated herein. This easement is granted for and limited to the express purpose of restricting vehicular access to 147 Street West and Johnny Cake Ridge Road, except at locations permitted by the City, over and upon the Easement Area, it being understood: 1. The City shall have no obligation to maintain the Easement Area, and the Landowner and its successors and assigns may sod, seed, plant and maintain the Easement Area provided that no driveway or other form of accessway may be constructed thereon. 2. The purpose of the easement is strictly limited to access restriction, and the City shall have no right to utilize the Easement Area for any other purpose by reason of this easement. The Landowner covenants with the City that it is the fee owner of the Property and has good right to grant and convey the easement herein to the City. This easement and the covenants contained herein shall run with the Property and shall bind the Landowner and its successors and assigns. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. Karamella, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 2015, before me, a Notary Public within and for said county, personally appeared to me personally known, who being by me duly sworn, did say that he /she is the of Karamella, LLC, the Minnesota limited liability company named in the foregoing instrument, and that said instrument was signed on behalf of the limited liability company by authority of its board of governors, and acknowledged said instrument to be the free act and deed of the limited liability company. Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525, Apple Valley, Minnesota 55124 (952) 432 -3136 / MDK:66 -36251 2 19.42 H W DRAI -E AND � UTILITY EASEMEM � J II II .c, 11 II LO f DRAINAGE I Ci I II AND UTILITY Z yyP f f _ _ _ _ ! ! EASEMENT& TRANSMISSION ACCESS CONTROL V I I EASEMENT PER DOC. NO. 1297599 II 0 II � OT I w C7 v LL! Y • 8.27 U BLOCK 1 0 z ❑ Z 2 ... . Q WEST RIG O A PIPELINE EASEMENT LINE DOC. N 56 ! - PER DOC. NO 346748 r 1 I ! DRAINAGEAND UTILITY EASEMENT •�� f J I I ~ 50.00 — . — . — — 0 4Id q so 100 147 TH STREET WEST '..� �mia'M Access Restriction Sketch PID: B � KARAMELLA, LLC OWNER: 01- 02600 -52 -012 „ Apple Valley, Minnesota KARAMELLA, LLC ADDRESS: YvW WOMI December 09, 2015 Proj ect No: 02912 -030 UNASSIGNED H W STORMWATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT This Agreement is made by and between Karamella, LLC, a Minnesota limited liability company (the "Owner "), and the City of Apple Valley, a Minnesota municipal corporation (the "City "). The Owner and the City shall jointly be referred to as the "Parties." WHEREAS, the Owner is the fee owner of real property legally described as follows: Lot 1, Block 1, Karamella Addition, Dakota County, Minnesota (the "Property "). WHEREAS, on August 27, 2015, the City Council approved a site plan and authorized a building permit for improvements upon the Property, subject to conditions as set forth in City Council Resolution No. 2015 -114, including but not limited to the requirement that construction and site improvements be in conformance with the approved plans; WHEREAS, the City requires the Owner to install a pond and infiltration basin in accordance with the approved plans and specifications, including but not limited to the following plans dated December 1, 2015, prepared by WSB & Associates, Inc., attached hereto as Exhibits and incorporated herein: Exhibit A Sheet CS 101 Site Plan Exhibit B Sheet CG101 Grading & Drainage Plan Exhibit C Sheet CG102 Enlarged Grading Plan Exhibit D Sheet CG110 Storm Sewer Plan Exhibit E Sheet LS101 Landscape Plan The pond and infiltration basin are generally depicted in the Stormwater Pond Detail on Sheet CG110, Storm Sewer Plan, excerpted below: Ho,IHf. H. �HZ«��H. s. H ,.mm, Eoti.os,r �LL,�HH�THE Hf E%IKH=EHE HaN—OR �ffEH �oEHO,EO ON GGI- H ®. A _ .,�HLEf IHLE, El NALL H a° 9sa - - -- �.,LTaANONDAsH E � EL��.$® � on IN-, FIGD ou uFlnsEpH �� FlL1fRfAiOC eoTT9M ,ALP— OV- 3— EETIED , GHRNDITYf., SH 1Z GI AN STOR WATER POND DETAIL cx M WHEREAS, the Development Agreement between the Owner and the City for Karamella Addition (the "Development Agreement ") requires the Owner to execute and record this Maintenance Agreement with the plat; WHEREAS, the purpose of installing and maintaining a pond and infiltration basin is on- site storm water management and to promote the water quality and volume control of the City's water bodies; and WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the pond and infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. Construction and Maintenance 1.1 Construction Requirements The Owner shall construct the pond and infiltration basin in accordance with the Development Agreement and the approved plans and specifications. 1.2 Maintenance by Owner During Three Year Establishment Period During a three - year period commencing on the date that the City approves the pond and infiltration basin after completion of construction, the Owner shall maintain and, when necessary, replace the approved plants and vegetation as set forth in the Landscape Plan attached hereto as Exhibit E, including but not limited to compliance with the Maintenance Schedule for Native Seed set forth on Exhibit E, at the Owner's sole cost and expense. The Owner shall not use any chemicals within the infiltration basin unless first approved by the City and only when necessary for the protection of the infiltration basin or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basin. 1.3 Long Term Maintenance by City After the Owner fulfills its obligations under Section 1.2 of this Agreement, the City shall be responsible for maintenance of the stormwater pond and infiltration basin, as deemed necessary or desirable by the City in the City's sole discretion. 2 1.4 Snow and Leaves Removal and Prohibited Storage The Owner shall sweep clean the private streets, driveways, parking area and walkways on the Property in April or May each year to remove from the Property all sand and salt deposited on the private streets, driveways, parking area and walkways. The Owner shall remove all tree leaves from the Property, excluding the stormwater pond and infiltration basin, after the leaves fall to the ground in October or November each year. The Owner shall not deposit or store tree leaves or snow within the pond or infiltration basin. 1.5 Personal Property or Debris Storage Prohibited The Owner shall not deposit or store any personal property or debris, litter, or other objects within the pond or infiltration basin. 2. Remediation and Waiver of Rights 2.1 Remediation Plan If the City determines that the Owner has failed to perform the Owner's obligations under this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen (14) days after receipt of such notice. 2.2 Failure to Repair If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City- approved remediation plan to correct a deficiency in the performance of the Owner's obligations under this Agreement, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan and complete all work necessary to correct the deficiency. 2.3 Reimbursement to the City The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan to correct a deficiency in the performance of the Owner's obligations under this Agreement and all work completed by the City to correct the deficiency. 2.4 Waiver of Rights If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Property. The estimated amount of the assessment is $12,500.00. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments up to the estimated amount of $12,500.00 or the right to contest the assessments under Minnesota Statutes § 429.081. 3. Standards for Performance Any act of construction, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 4. Amendment, Release or Termination Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or 3 termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 5. Duration This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 6. Recording Agreement The Owner shall record this Agreement with the Plat of Karamella Addition and provide the City with a copy of the recorded Agreement. 7. Governing Law The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement. Karamella, LLC, a Minnesota limited liability company Dated: 20 By: Its: CITY OF APPLE VALLEY Dated: , 20 By: Mary Hamann- Roland Its: Mayor Dated: , 20 By: Pamela J. Gackstetter Its: City Clerk 4 STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 20 , before me, a Notary Public within and for said county, personally appeared to me personally known, who being by me duly sworn, did say that he /she is the of Karamella, LLC, the Minnesota limited liability company named in the foregoing instrument, and that said instrument was signed on behalf of the limited liability company by authority of its board of governors, and acknowledged said instrument to be the free act and deed of the limited liability company. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this _ day of , 20 , before me a Notary Public within and for said County, personally appeared Mary Hamann - Roland and Pamela J. Gackstetter to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432 -3136 MDK (66- 36251) 5 KEYNOTES PARKINGSUMMARY 1I`I ygyg� II II o-FaHHN. -1 U—T }fI � ,©NEw¢VIW rv4. HFFEH TUAHGI,EVNHM RRNS.. �CUYWET£S'IPPwa1x. &E€ir:0501. ®fIEGTHIP T,ANSFWMEH PNP ¢EN6+RTtT1 PAP, ¢FZ &C$AP1. �Y 4N�]I. WS91M11+EK WW €H a1HFE. Q FUNRG WPR€HWSE erPaN3lov Arva PAIMrvGLOT, ,a — F80C— TEMTAN14G L,--CnaAL. ®EU3mLrs PARKrvG, ®crn aawrvce €, F€s MNOGr srowoARo d owes. �eax:san. ©� ocm wxcHTeaTLIHM. �r:.adns - Mewavaad Ee.et'cr�m. ®� T,+;a. HrtT THm mi a wn. :EErsx:ffio, �W -wrrr ImH A¢ W: s _m �A6�ss.E HAMP �u,sma 4E FtnN TwcRw¢. ®asFHMTPAVEMENT. H€AVrwn, FE €F,rseo, NP L wra rvos K ,�js TR . €SHaETC -1 u aAr�. AT I_N— N AC- 1 S- €wrMPaT� LsEPS,c�m. ®.1.Ci s oG.ITT3P wCSwl � THASH arcwa €: a AHW I,ECNHM RAns. O PArvR'A PPdkKrv6 FTH IE, {' W C3, MM RE;NPCM Q .wlm wlc zarcv rvvP SnNAOe ,�j STCUPe. eE €STRUCiIRM. � IM]NJMFNPSIG4, 4'SAIk:H RSCTVHM. �owrvAPE #JP IUR Ut41ry €AaEMENT �BINCHRWN6 aClWi0. SEE 6'C3503. - - ac ,. s (n} HanHePOravTwLOHI.�wAV A.cCSas. aO� d%IeUWCHW o OUtYH M"aL. fas lkS lt. ,B U . VISE. SPS M:aem I�TIC9961aE %STrvGAS�HMTPAVeT,elrTrvTEPFAC €.FEE al'ra THANFnGN -.1. 9ECRPN Faa LENGTH. �LU.4a NGaflCKS. SEE A-- FUNS. Q HOSU CUHa. sae aLSW t. �areH17<u10w lervoaUH. SEe AHL'HrtSCTUHM axrvs. �aInUH,sULIO Wr rt€w.I3 S"t P€. W F---- ----------------- - - - - -- "-- S,6R_ - -� -- IF -------------------- - - - - -- — r I I I I II _ j II II 7 II II � II ii O���e5 r H F=1 II �• I I II I I I I II ' II I I I �o amsTe'L' � � T IN I I I Q� I II ^ I SITE PLAN NOTES ,, ff 91FF.TVdPI,FW PMT, @9VF)i!+ No>ea, -. a arrvN aaN. RAM=L« Wars. Arva o 1. w of R �rx+s sT. so TH€C= 91lFCCN3 - T TH �1w �wAmTww�"aEwuu>ww€aoPa�r 1- sAw AU. cxzrcX�cWlsHwr.N _ TMo rs, eLeaN THEM Cc o3ws,ELwu aomrNO mmm wTELV �ALw Im I AUNT II ii �arsla�m�a`��I�rywX�w�nE II aAaTAPa'as TOA.s+,aP.ANaL€nH©v tHEL GOTH Tu rvar"in �rq�€we i t I SaIraE NeR R€cTwrGULxn. II PARKINGSUMMARY 1I`I ygyg� II II o-FaHHN. -1 U—T }fI � II II sTMLF RU51PEH am FF � ®mmosF laml- aasmus HeWHmF�H�A� II �j _ Its nara.La U I it zGU sra � ® ST s 1 — �i LEGEND E a,TMA� L,•PA�a�N W O6PIAvaMFf€d$FUiminNrvwsT Y 1 i - . 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I E arJ � i I ii 91�h € + r I I •r 3 II ,r � u ,, .':iii •;:;;• 'i�`c � i'::ii: i :i ii•': : >:;:;:: ii•': : >i :ii•': ?� i : >i: i : >:: ::; :ii•': :> ii•': :ii•': :> i:`• it i::• > ::::............:::::•i> is i : >ii:;•: :: r r r I u t '• sR It . � -.:. ....::::• S:• i:• i:•}:• S: y}:-::. �::::::::::• i:•}:.}:• S:• i:•}:.}:• S:• i;. i;.}:• S:• i :•i:•:i•S:•i:•S:•i;• }:• }:•S:•i: • -• i: , ?' r?'?'' r???' r??' r' r??' r??' r???' r ?'r ? ?'r ? ?'r ?'r ?::::::::._•:::: •v OE R.oaiMUCx. I a �• xF - e 8'OFPTN fYP � �• ` � II 1 T 0 L:. A= a �} e.wo �• nN x wI�E :� A / e l `—'" r (', ii o Y # J �.� - -\ k pPE1fMUGH xn ,YKBPTH � . , 11 K' Ll I II � II ` 2 a'tl—H, rtM� � rmce RCCK I.lLKCfI � ) I '. 211 ` BEGGED HN3 oMULH, TNe[E FIOCKMtILCx. , YPEPTM 3'OEPTH.rvP Ji L U e 1 ARr s Tw a I _ 1 WARNING Pxoe • a u 0i11° 147N ST- HIGH- PRE SE" HE PIPELINES) rv„xw.. i E.- VATION ANORIRC0N8TRUCT10N RROHISITRM p�xiev l .. WITHOUT CflMPLIANCEWRH STATEONE -CALL, All r - WITHOUT WRITTEN PER FROMP nE nwrnn x Je€a - ■� MAGELLAN PIPELINECOMFANY - - - � _ i.A69= 'p6irywnln _�- _- �Y-'E- �. o - HHE ET r<s�a� TRAIL EASEMENT THIS EASEMENT is made this day of 20 , by Karamella, LLC, a Minnesota limited liability company (the "Landowner "), in favor of the City of Apple Valley, a Minnesota municipal corporation (the "City "). The Landowner is the fee title holder of property legally described as follows: Lot 1, Block 1, KARAMELLA ADDITION, Dakota County, Minnesota (the "Property "). The Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent easement for trail purposes over, under and across the property legally described as follows: The easterly 26 feet of Lot 1, Block 1, KARAMELLA ADDITION, Dakota County, Minnesota See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for trail purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a trail and erect and maintain signs in conjunction with the public's use of the trail. The Landowner covenants with the City that it is the fee owner of the Property and has good right to grant and convey the easement herein to the City. This easement and the covenants contained herein shall run with the Property and shall bind the Landowner and its successors and assigns. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. Karamella, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 20 , before me, a Notary Public within and for said county, personally appeared to me personally known, who being by me duly sworn, did say that he /she is the of Karamella, LLC, the Minnesota limited liability company named in the foregoing instrument, and that said instrument was signed on behalf of the limited liability company by authority of its board of governors, and acknowledged said instrument to be the free act and deed of the limited liability company. Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432 -3136 MDK (66- 36251) 2 EXHIBIT A r NORTH LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER SEGTIQN 28, T115, R20 50 50 DRAINAGE AND 't rJ UTILITY EASEMENT r EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER ~ �I SECTION 26. T115. R20 DRAINAGE AND UTILITY EASEMENT& TRANSWSSION EASEMENT PER ARFi- 1%',.. r_h DOD. NO. 1297599 26.00 0 LOT 1 0 13 a 0 r BLOCK AOq' O w w x a U I z z WEST RIGHT OF WAY — LINE DOC. NO 442565 ` f I PIPELINE EASEMENT r PER DOG. NO 340748 DRAINAGE AND I UTILITY EASEMENT 147TH STREET WEST f -- PROPOSED 26' WIDE OWNER: KARAMELLA, LLC TRAIL EASEMENT a 50 loo RID: 01- 02600 -52 -012 7 Trail Easement Sketch ADDRESS: WSB a ' u e s KARAMELLA, LLC UNASSIGNED w,o o >�� Apple Valley, Minnesota December 09, 2015 Project No. 02912 -030 ik'F1WS}RGGRIRE ffwWlF�ING iYM'MWG WNSIRWGiNW :�0 ITEM: 4.N. 000 Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Agreement with Dakota County for Updating Emergency Operations Manual and Related Training Staff Contact: Department/ Division: John Bermel, Police Captain Police Department ACTION REQUESTED: Approve agreement with Dakota County for updating Emergency Operations Manual and related training. SUMMARY: With the agreement in place, the City of Apple Valley will receive an updated Emergency Operations Manual that includes new MNWALK required plans and standard operating guidelines. The City will also receive related training for City staff and the Council if they so desire. BACKGROUND: In 2015 the State of Minnesota revised the standard format of Emergency Operations Manuals to meet a new "MNWALK" format. The City of Apple Valley and Dakota County have had an ongoing collaboration over the years to provide emergency management services to the City of Apple Valley. This agreement is a continuation of that relationship. Implementing the manual updates would be time consuming for City staff. Dakota County provides the service of updating Emergency Operations Manuals to communities throughout Dakota County and has the expertise and resources to assure our procedures meet State standards. The agreement also includes applicable training for City staff and Council if so desired. BUDGET IMPACT: The agreement costs $5,302.00. The Police Department has set aside the funding in our 2015 training budget. ATTACHMENTS: Agreement JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF APPLE VALLEY FOR EMERGENCY MANAGEMENT SERVICES This Agreement is made and entered into by and between the County of Dakota, by and through the Dakota County Sheriff's Office, ( "County ") and the City of Apple Valley, ( "City "); and WHEREAS, the County and City are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the City desires to retain and compensate a qualified party to provide Emergency Management Services as more fully described herein; and WHEREAS, the County desires and is qualified to provide Emergency Management Services as more fully described herein; and WHEREAS, the County understands and agrees that: 1. The County is not an agent, servant, or employee of the City and shall not make any such representations nor hold itself out as such; and 2. The County shall have no authority to bind the City for the performance of any services or to otherwise obligate the City, authority being specifically limited to the duties assigned under this Agreement; and 3. The County employees performing under this Agreement shall not accrue any continuing contract rights for the services performed pursuant to this Agreement, including but not limited to those afforded by Minn. Stat. § 122A.40, and the County specifically waives any and all rights thereto; and WHEREAS, the Dakota County Board of Commissioners by Resolution No. 15 -603 authorized the County to enter into an agreement with the City for the provision of Emergency Management Services; and WHEREAS, the City is willing to retain the County to provide Emergency Management Services. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and City derive from this Agreement and other good and valuable consideration, the County and City hereby enters into this Agreement for the purposes stated herein. 1. PURPOSE The purpose of this Agreement is to set out the respective duties and responsibilities of the County and the City for the provision of Emergency Management Services. 2. TERM This Agreement is effective January 1, 2016 and shall remain in effect through December 31, 2016, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. This Agreement may be terminated with or without cause, by either party upon thirty (30) days written notice. 3. DISPUTE RESOLUTION The County and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. 4. PROVISION OF SERVICES Parties agree to the terms in the written deliverables and project plan ( "Work Plan "), attached hereto and incorporated herein as Addendum No. 1. The two -page Work Plan articulates the type of work desired, the estimated time frame needed to perform the work, the estimated cost, and the desired outcome or deliverable. The County agrees to provide the Emergency Management Services referenced in the Work Plan for the Term of the Agreement. 5. COMPENSATON 6.1 Total Compensation The City agrees to pay the County for the Emergency Management Services, including expenses and sales tax in an amount not to exceed Five Thousand Three Hundred Two Dollars and 00 /100s ($5,302.00) ( "Contract Amount "). During the Term of the Agreement, if the County or the City receives a grant or other funding to offset the costs of providing Emergency Management Services covered by this Agreement, the amount invoiced to the City will be adjusted downward accordingly. 6.2 Time of Payment The County shall invoice the City on a quarterly basis for hours of Emergency Management Services rendered during the previous quarter up to the Contract Amount. Such invoicing shall continue until one of the following occurs: a. The completion of the Work Plan; or b. Expiration of the Term of the Agreement; or c. Early termination of the Agreement pursuant to Section 2 of this Agreement; or d. The City completes payment of the full Contract Amount. The City shall pay such invoices within thirty (30) days after their receipt. 6.3 Payment Upon Early Termination If the Agreement is terminated prior to completion of the Work Plan, the City shall pay for satisfactory services performed by the County through the effective date of termination. 6. LIABLE FOR OWN ACTS Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, agents, volunteers or employees. It is understood and agreed that the provisions of the Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Ch. 466 and other applicable laws govern liability arising from the parties' acts or omissions. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. The provisions of Article 7 shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR The County is and shall remain an independent contractor with respect to any and all work performed under this Agreement. The County on behalf of its 2 employees and agents shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services identified herein. The County acknowledges and agrees that the County on behalf of its employees and agents is not entitled to receive any of the benefits received by City employees and is not eligible for workers' or unemployment compensation benefits under the City. The County also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due the County and that it is the County's sole obligation to comply with the applicable provisions of all federal and state tax laws. 8. GENERAL 9.1. Notices The City or County may, by giving written notice to the other party, designate any address or addresses to which notices or other communications to them shall be sent when required by or related to this Agreement. Until otherwise provided by the respective parties, all notices or communications shall be addressed as follows: To the City Jon Rechtzigel Chief of Police 7100 147th St. W. Apple Valley, MN 55124 Telephone: 952 - 953 -2700 To the County Dan Carlson Emergency Preparedness Coordinator 1580 Highway 55 Hastings, MN 55033 Telephone: 651 - 438 -4703 9.2. Amendments No amendments or variations of the terms and conditions of this Agreement shall be valid unless in writing and signed by the parties. 9.3. Severability All terms and covenants contained in this Agreement are severable. In the event any provision of this Agreement shall be held invalid by any court of competent jurisdiction, this Agreement shall be interpreted as if such invalid terms or covenants were not contained in the Agreement and that such holding shall not invalidate or render unenforceable any other provision. 9.4. Choice of Law The laws of the state of Minnesota shall govern as to the interpretation, validity, and effect of this Agreement. The captions and headings of the provisions under this Agreement are for convenience only and shall not be considered or referred to concerning questions of interpretation or construction. 9.5. Data Privacy The parties agree that any information and data received from the other party during the term of this Agreement shall be treated and maintained in accordance with all applicable federal, state, and local laws, rules and regulations governing same, including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and the Minnesota rules implementing the Act now in 3 force or hereafter adopted. The County and the City agree to provide to each other data which is reasonably necessary to fulfill the purpose of this Agreement, provided such sharing of data is done in accordance with the Minnesota Government Data Practices Act and other state and federal law regulating the dissemination of data. 9.6. Waiver If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or that party's right to enforce it. 9.7. Non - Appropriation Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party in the event sufficient funds from the County, City, State, Federal or other sources are not appropriated, obtained and continued at least at the level relied on for the performance of this Agreement and the non - appropriation of funds did not result from any act of bad faith on the part of the terminating party. 9.8. Entire Agreement This Agreement is the entire agreement for the provision of the Emergency Management Services between the City and the County and it supersedes all prior written or oral agreements on this program. There are no covenants, promises, undertakings, or understandings outside of this Agreement other than those as specifically set forth. Any term, condition, prior course of dealing, course of performance, usage of trade, understanding, or agreement purporting to modify, vary, supplement, or explain any provision of this Agreement is null and void and of no effect unless in writing and signed by representatives of both parties authorized to amend this Agreement. IN WITNESS WHEREOF, this Agreement was entered into on the date(s) set forth below and the undersigned, by execution hereof, represent that they are authorized to enter into this Agreement on behalf of the respective parties and state that this Agreement has been read by them and that the undersigned understand and fully agree to every provision, and hereby acknowledge receipt of a copy. Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. 15 -603 By Joseph Leko, Chief Deputy Dakota County Sheriff's Office 1580 Highway 55 Hastings, MN 55033 Date of Signature: Approved as to form: /s/ Amelia Jadoo 11/30/15 Assistant County Attorney /Date County Attorney File No. KS -15- 442 -001 4 CITY OF Date of signature: We represent and warrant that we are authorized by law to execute this Agreement and legally bind the City. 5 Addendum No.1 City Emergency Management Contract Deliverables and Work Plan for 2016 For the City of Apple Valley GENERAL CONTRACT DELIVERABLES • Basic Plan Update to include new MNWALK required plans and Standard Operating Guidelines to include: • Mass Fatality • Debris Management • Damage Assessment • Family Assistance Center • Emergency Support Functions updated as needed for the City • Sara Title 3 Hazardous Materials Section updated as needed • Resource Section — Generic per County Plan that can be added to • Emergency Operating Center ( "EOC ") Basic Training for City Staff • NIMS /Incident Command System Compliance Review • What is an EOC Training for Staff • Training Recommendation based on compliance per City • Elected Official Training and Tabletop Exercise which includes: • Role of Elected Officials in a disaster • Role of Staff • Tabletop developed for the City based on Emergency Manager ( "EM ") input • County Emergency Management Support and Response as Needed or Requested * ** Final product includes electronic copies of all materials and one (1) finished hard copy of the EOP. WORK PLAN, DETAIL PROJECTS and TIME /COST ESTIMATES 1. EOP Hours ($36 /hr) • Individual City meetings with EM 3 • Initial draft of City EOP 25 • Meeting with EM to discuss gaps 3 • Individual meeting with identified Emergency Support Functions Contacts 25 • EOP final draft 40 • Meeting with each City to present updated EOP 3 TOTAL 99 Hours 2. EOC Basic Training • Meeting with EM for development of course 3 • Develop presentation 8 • Training for City staff 3 • After Action Report ( "AAR ") for identified gaps 8 TOTAL 22 Hours 3. Elected Official Training • Meetings with EM for training development 3 • Develop presentation 8 • Training and Tabletop for Elected Officials 3 • AAR Report for identified gaps 8 TOTAL 22 Hours Total Projected Total Estimated Hours for 2016 Project Year 143 Projected Work Plan Total Estimated Costs for 2016 Project Year $5,148.00 Dakota County Admin and Finance related fees $154.00 Total Projected Costs for 2016 $ 5,302.00 Unknowns and intangibles Scheduling conflicts with City staff could delay processes. Follow through by City staff with deliverables could delay processes. Real Events /Disasters could delay processes. :�0 ITEM: 4.0. 000 Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Agreement with Hawkins, Inc., for Project 2016 -102, 2016 Water Treatment Chemicals Staff Contact: Department/ Division: Carol Blommel Johnson, Public Works Superintendent - Utilities Utilities Division ACTION REQUESTED: Approve agreement with Hawkins, Inc. for Project 2016 -102, 2016 Water Treatment Chemicals in the aggregate amount of $60,000.00. SUMMARY: On December 3, 2015, quotes were received for Water Treatment Chemicals. Hawkins, Inc. submitted the low quote for chlorine (ton), hydrofluorosilicic acid and CARUSOL sodium permanganate. The cost of chemicals utilized in the water treatment process is based on unit pricing. The attached quantity table projects annual chemical costs based on estimated usage and unit pricing from the included bid tab. CARUSOL sodium permanganate is specific to the City water treatment process. A standard City agreement will be utilized for this project. BACKGROUND: Hawkins, Inc. has previously supplied chemicals for use in the water treatment process. BUDGET IMPACT: Funding for water treatment chemicals - chlorine, hydrofluorosilicic acid and CARUSOL sodium permanganate - are included in the adopted 2016 Public Works Utilities Division operating budget. ATTACHMENTS: Exhibit Quotation Quantity Table Chemical Unit Estimated Hawkins, Inc. Estimated Annual DPC Industries, Inc. Estimated Annual Quantity Cost Cost Hydrofluorsilicic Acid Gallon 8,000 Gallons $2.869 $22,952 $2.98 $23,840 Chlorine (Ton) Cylinder 25 Cylinders $413.00 $10,325 $467.00 $11,675 Chlorine (150 pound) Cylinder 0 Cylinders $99.00 0 $96.00 0 Subtotal $33,277 $35,515 CARUSOL Liquid Sodium Permanganate Gallon 2,000 Gallons $13.11 $26,220 Item quoted was not CARUSOL * ** Total $59,497 * ** CARUSOL Liquid Sodium Permanganate is specific to the City water treatment process. Exhibit A BID TABULATION PROJECT 2016 -102 2016 WATER TREATMENT PLANT CHEMICALS Hawkins, Inc. DPC Industries, Inc. ITEM UNIT UNIT No. ITEM UNIT PRICE PRICE 1 BULK HYDROFLUOROSILICIC ACID GALLON 2.869 2.98 2 TON CHLORINE CYLINDER 413.00 467.00 3 150 POUNDS CHLORINE CYLINDER 99.00 96.00 CARUSOL0-2 LIQUID SODIUM 4 PERMANGANATE (20% Active) GALLON 13.11 11.20" *NaMnO4 not CARUSOL :�0 ITEM: 4.P. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Agreement with SHI International Corporation for Microsoft Licensing Staff Contact: Department/ Division: Nathan Bang, IT Manager Administration/ Information Technologies ACTION REQUESTED: Approve agreement with SHI International Corporation for Microsoft licensing for the City's computer software assets in the amount of $54,679.40 annually for a three -year term and authorize the City Administrator to sign the necessary documents. SUMMARY: The City uses Microsoft software products on most of its computer assets including workstations, desktop laptops, and servers. Microsoft requires payment for use of the software in form a license agreement. The City's current three -year license expires at the end of the year and a renewal is required to continue to use the software in 2016 through 2018. BACKGROUND: Microsoft licensing is purchased off the State Contract (Contract Number 48196). The agreement is for a three -year term, and includes licensing to utilize various software applications including Windows, Office, Exchange, SharePoint, SQL, Lyric, and Server OS. BUDGET IMPACT: The City's IT Division 2016 budget includes $48,000 for Microsoft Licensing. Staff suggests that the remaining balance be covered with a 2015 budget carry -over of $7,000. :�0 ITEM: 4.Q. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Acceptance and Final Payment on Agreement with Northwest Asphalt, I nc., for Project 2014 -112, Cortland 3rd Addition Street and Utility Improvements Staff Contact: Department/ Division: Brandon Anderson, City Engineer Public Works Department ACTION REQUESTED: Approve acceptance and final payment on agreement with Northwest Asphalt, Inc., for Project 2014 -112, Cortland 3rd Addition Street and Utility Improvements, in the amount of $98,292.25 for a total cost of $1,317,682.36. SUMMARY: Attached, please find the fifth and final payment for Project 2014 -112, Cortland 3rd Addition Street and Utility Improvements. All public improvements associated with the project are complete and in acceptable condition to become public infrastructure of the City of Apple Valley. This final payment of $98,292.25 will close the agreement with Northwest Asphalt, Inc. BACKGROUND: A change in the scope of work to include construction of Embry Place, replacement of a 16" water main valve, and added concrete work resulted in costs that exceeded the original project agreement. Slight unit count and cost variations account for the difference of $140.92 between the amended agreement amount and total cost. Original Agreement $1,106,119.94 Change Order No. 1 154,779.80 Change Order No. 2 56,641.70 Amended Agreement Total $1,317,541.44 Final cost breakdown and funding for the project is summarized below. The final Construction Cost plus the final Trunk Storm Sewer cost comprise the total cost of $1,317, 682.36. BUDGET IMPACT: Project Costs: As Awarded Final Construction Cost $1,106,120.00 $1,239,890.12 Construction Contingency 53,000.00 City Trunk Storm Sewer Oversizing 28,123.00 27,112.00 City Trunk Water 50,680.24 Overhead (Admin, Legal, Engineering, Testing, Survey, and Inspections) 201,000.00 150,479.62 Total Cost $1,388,243.00 $1,468,161.98 Project Funding: Water Utility 50,680.24 Stone Drainage Utility $28,123.00 $27,112.00 Special Assessments 1,360,120.00 1,390,369.74 Total Funding $1,388,243.00 $1,468,161.98 ATTACHMENTS: Final Pay Documents PAYMENT VOUCHER NO. 5 -� CORTLAND 3RD ADDITION CITY PROJECT NO. 2014-112 For Period: 11 -1 -2014 Through 10 -27 -2015 OWNER: CONTRACTOR: City of Apple Valley Contractor Name Northwest Asphalt, Inc. 7100 147th Street West Contractor Address 1451 Stagecoach Road Apple Valley, MN 55124 City, State, Zip Shakopee, MN 55379 Telephone No. Amount of Contract: $1,106,119.94 Change Order 1 $154,779.80 Change Order 2 56.641.70 Total Amount $1,317,541.44 Contract Value Less Amount of Work 5 Less Net Account Per Resolution Certified Percent Previous Amount Number 2014 -93 To Date Retained Payments Due Sanitary 4502 - 6810- 2014112G $205,831.50 $212,357.00 $0.00 $195,516.65 $16,840.35 Water 4602 - 6810 - 20141126 $186,735.40 $189,840.19 $0.00 $180,168.45 $9,671.74 Storm 4502 - 6810- 2014112G $238,730.40 $268,958.92 $0.00 $243,012.77 $25,946.15 Street 4502- 6810- 2014112G $447,710.64 $432,499.84 $0.00 $397,367.15 $35,132.69 Storm Trunk - City 5552 -6510- 2014112❑ $ 27,112.0 0 27 11 2.00 $0.00 $25,756.40 $1,355.60 Subtotal $1,106,119.94 $1,130,767.95 $0.00 $1,041,821.42 $88,946.53 CO 1 Sanitary 4502- 6810- 2014112G $20,511.60 $18,945.55 $0.00 $17,998.27 $947.28 CO Water 4502- 6810- 2014112G $16,014.36 $15,896.31 $0,00 $15,101,49 $794.82 CO 1 Storm 4502 - 6810- 2014112G $18,591.00 $16,171.44 $0.00 $15,362.87 $808.57 CO 1 Street 4502 - 6810- 2014112G $79,558.60 $59,198.67 $0.00 $56,238.74 $2,959.93 CO 1 Water Trunk - City 5360- 6810- 2014112W 1 20,104.2 4 20 104.24 $0.00 $19,099.03 $1,005.21 Subtotal $154,779.80 $130,316.21 $0.00 $123,800.40 $6,515.81 CO 2 Sanitary 4502 - 6610- 2014112G $10,030.00 $10,030.00 $0.00 $9,528.50 $501.50 CO 2 Street 4502- 6810- 2014112G $16,035.70 $15,992.20 $0.00 $15,192.59 $799.61 CO 2 Water Trunk - City 5360 - 6810 2014112W $ 30,576.0 0 30 576.00 $0.00 $29,047.20 $1,528.BO Subtotal $56,641.70 $56,598.20 $0.00 $53,768.29 $2,829.91 Total $1,317,541.44 $1,317,682.36 $0.00 $1,219,390.11 $98,292.25 Date: \l T� 15 C4ng ineer Date: *Publriork Director +& ; Date: November 3, 2fl15 Owner: Cit of Apple Valley, 7100 W. 147th St., A le Valle , MN 55124 ° o 0. For Period: 1111/14 to 10/27/15 Request No: 5ANDFlNAL Apple ble Contractor: Northwest Asphalt, INC., 1451 Stagecoach Rd, Shakopee, MN 55379 y CONTRACTOR'S REQUEST FOR PAYMENT Cortland 3rd Addition Project File No. 2014 -112 SUMMARY $ $1,106,119.94 1 Original Contract Amount 2 Change Order - Addition $ 211,421.50 3 Change Order - Deduction $ 0.00 $ $1,317,541.44 4 Revised Contract Amount 5 Value Completed to Date $ $1,317,682.36 $0.00 $ 6 Material on Hand $1,317,6$2.36 7 Amount Earned $ $0.00 8 Less Retainage 0 °/u $ $1,317,682.36 9 Subtotal 10 Less Amount Paid Previously $ $1,219,30.11 $ $ $0.00 11 Liquidated damages - 12 AMOUNT DU - TMS REQUEST FOR PAYMENT NO. 5AND1*INAL $ $98,292.25 Approved b ntr or: App er: Northwest sp t, IN E VALLEY PE Acting. City Engineer Date Specified Contract Completion Date: Matt' Hamann - Roland, Mayor Date Attest: Pamela J. Gackstetter, City Clerk Date 2014 -112 Request far Payment 5andFinal.)ds Contract Unit Previous Current Quantity Amount No. uantit Quantity to Date to Date Item Unit Quantity Price Quantity Q y PART 1- EMBRY PATH SANITARY SEWER 1 MOBILIZATION LS 1 $2,500.00 1.00 1.00 $2,500.00 2 8" PVC SANITARY SEWER, 10 -15' LF 86 $18.60 86.00 86.00 $1,599.60 3 12" PVC SANITARY SEWER, 20 -25' LF 524 $67.00 524.00 524.00 $35,108.00 4 12 "X4 " PVC WYE EA 6 $188.00 14.00 14.00 $2,632.00 5 8 "X4" PVC WYE EA 1 $87.00 2.00 2.00 $174.00 6 4° PVC SERVICE RISER PIPE LF 50 $18.00 143.00 143.00 $2,574.00 7 4' MANHOLE OVERDEPTH LF 58 $105.00 61.63 61.63 $6,471.15 $ CONSTRUCT 8" OUTSIDE DROP LF 10 $345.00 9.60 9.60 $3,312.00 9 CONNECT TO EXISTING STRUCTURE EA 1 $1,800.00 1.00 1.00 $1,800.00 10 8 1, PVC PLUG EA 1 $65.00 1.00 1.00 $65.00 FURNISH AND INSTALL 4' MH, 8" DEEP, INCL R -1642 EA 4 $1,890.00 4,00 4.00 $7,560.00 11 CAST & HDPE AD3 RINGS 563,795.75 TOTAL PART 1 - EMBRY PATH SANITARY SEWER PART 2 -EMBRY PATH WATER MAIN 12 SALVAGE 16 " DIP LF 525 $14,00 645.00 645.00 $9,030.00 13 SALVAGE 16" BUTTERFLY VALVE &BOX EA 1 $250.00 1.00 1.00 $250.00 14 INSTALL 16" BUTTERFLY VALVE &BOX EA 1 $450.00 1.00 1.00 $450.00 FURNISH AND INSTALL HYDRANT AND 6" GATE EA 1 $4,143.00 2.00 2.00 $8,286.00 15 VALVE 16 6" WATER MAIN DUCTILE IRON CL 52 LF 11 $3440 38.00 38.00 $1,307.20 INSTALL SALVAGED 16" DUCTILE IRON WATER LF 525 $14.00 645.00 645.00 $9,030.00 17 MAIN 18 DUCTILE IRON FITTINGS LB 1450 $7.20 1336.00 1336.00 $9,6I9.20 $37,972.40 TOTAL PART 2 - EMBRY PATH WATER MA L"; PART 3 - EMBRY PATH SERVICES 19 SANITARY SEWER SERVICE LOCATE BOX EA 18 $164.00 18.00 18.00 $2,952.00 20 4" PVC SANITARY SEWER LF 900 $12.00 751.00 751.00 $9,012.00 21 1" CURB STOP &BOX EA 18 $194.00 18.00 18.00 $3,492.00 22 1" CORD STOP EA 18 $101.00 18.00 18.00 $1,818.00 23 i" TYPE K COPPER LF 840 $14.40 815.00 815.00 $11,736.00 $29,010,00 TOTAL PART 3 - EMBRY PATH SERVICES 2014-112 Request far Payment 5- FinalAs Contract Unit Previous Current Quantity Amount Nn. Item Unit Quantity Price Quantify Quantity to Date to hate PART 4 - EMBRY PATH STORM SEWER 24 REMOVE CONCRETE PIPE LF 85 $9,00 83.00 83.00 $747.00 25 REMOVE CATCH BASIN EA 1 $250.00 1.00 1.00 $250.00 26 SALVAGE & INSTALL CASTING EA 1 $250.00 1.00 1.00 $250.00 27 BULKHEAD MH EA 1 $600.00 1.00 1.00 $600.00 28 15" RC PIPE DRAIN CLASS V 0' -10" LF 405 $20.00 429.00 429.00 $8,580.00 29 18" RC PIPE DRAIN CLASS V 0' -10' LF 36 $22.00 36.00 36.00 $792.00 30 24" RC PIPE DRAIN CLASS 111 0'-10' LF 58 $28.00 58.00 58.00 $1,624.00 31 30" RC PIPE DRAIN CLASS 11 0' -10' LF 62 $40.00 62.00 128.00 190,00 $7,600.00 32 36" RC PIPE DRAIN CLASS 11 V -10' LF 157 $65.00 157.00 157.00 $10,205.00 FURNISH AND INSTALL 2'X3' CB, INCL R- 3501 -TB 3.00 $4,026.00 33 CAST & HDPE ADJ RINGS EA 3 $1,342.00 3.00 FURNISH AND INSTALL 4' CBMH, 8' DEEP, INCL R- EA } $1,810.00 1.00 1:00 $1,810.00 34 3290 -VB CAST & HDPE ADJ RINGS FURNISH AND INSTALL 4' CBMH, 8' DEEP, INCL R- 35 3501 -TB CAST & HDPE ADJ RINGS EA 3 $2,012.00 3.00 3.00 $6,036.00 FURNISH AND INSTALL 6' MH, B' DEEP, INCL R -1642 EA 1 $2,990.0© 1.00 1.00 $2,990.00 36 CAST & HDPE ADJ RINGS 37 18" RC PLUG EA 1 $100.00 1.00 1.00 $100.00 38 30" RC PLUG EA 1 $150.00 0.00 $0.00 39 CONSTRUCT OVER EXISTING PIPE EA 1 $1,850.00 1.00 1.00 $1,850.00 40 4` MH OVERDEPTH LF 1 $105.00 0.88 0.88 $92.40 41 6 MH OVERDEPTH LF 1.5 $231.00 0.00 TOTAL PART 4 - EMBRY PATH STORM SEWER $47,552.40 PART 5 - EMBRY PATH STREETS 42 MOBILIZATION LS 1 $0.01 0.80 0.20 1.00 $0.01 43 REMOVE BITUMINOUS PAVEMENT SY 1,025 $2.50 828.00 828.00 $2,070.00 44 REMOVE CONCRETE WALK SF 1,300 $1.00 1035.00 1035.00 $1,035.00 45 SAW BITUMINOUS PAVEMENT LF 30 $2.00 30.00 30.00 $60.00 46 REMOVE CONCRETE CURB AND GUTTER LP 430 $3.00 439.00 439.00 $1,317.00 47 SALVAGE & REINSTALL TYPE III BARRICADES EA 2 $250.00 2.00 2.00 $500.00 48 TOPSOIL BORROW (LV) CY 230 $20.00 22400 224.00 $4,480.00 49 COMMON EXCAVATION (EV) CY 1,100 $3.50 825.00 825.00 $2,887.50 50 SELECT GRANULAR BORROW TN 2,400 $5.00 3389.00 3389.00 $16,945.00 51 AGGREGATE BASE CLASS 5 TN 1,600 $9.50 1420.32 -4.84 1415.48 $13,447.06 2x74 -772 Request for Payment 5andFinaWs Contract Unit Previous Current Quantity Amount No. Item Unit Quantity Price Quantity Quantity to Date to Date 52 AGGREGATE BASE CLASS 5 FOR WALKS TN 270 $12.00 257.28 257.28 $3,087.36 53 BITUMINOUS MATERIAL FOR TACK COAT GL 140 $325 100.00 40.00 140.00 $455.00 54 TYPE SPNWA3 30C NON-WEAR 2" THICK TN 350 $71.40 332.50 332.50 $23,740.50 55 TYPE SPWEA330C WEAR 2" THICK TN 350 $79.30 334.12 334.12 $26,495.72 56 4" CONCRETE SIDEWALK SF 8100 $2.80 7518.00 75I8.00 $21,050.40 57 CONCRETE CURB AND GUTTER, MOUNTABLE LF 1620 $9.60 1544.00 1544.00 $14,822.40 58 PEDESTRIAN CURB RAMP SF 110 $5.00 72.00 72.00 $360.00 59 TRUNCATED DOME PANEL SF 32 $35.00 32.00 32.00 $1,120.00 60 SIGN TYPE C SF 2 $65.00 3.00 3.00 $195,00 61 STREET SIGN BLADES EA 2 $95.00 2.00 2.00 $190.00 FURNISH STREET SIGNPOST AND MOUNTNG EA I $60.00 1.00 1.40 $60.00 62 ACCESSORIES 63 STORM DRAIN INLET PROTECTION EA 10 $100.00 0.00 $0.00 64 TEMPORARY CONSTRUCTION ENTRANCE CY 25 $20.00 0.00 $0.00 65 SEEDING AC 0.40 $1,850.00 1.12 1.12 $2,072.00 66 SEED MNDOT 260 LBS 40.00 $0.01 40.00 40.00 $0.40 67 MULCH TN 0.80 $0.01 0.80 0.80 $0.01 68 TURF ESTABLISHMENT LS 1 $250.00 0.50 0.50 1.00 $250.00 69 FERTILIZER TYPE LB 120 $0.01 120.00 120.00 $1.20 TOTAL PART 5 - STREETS -EMBRY PATH $136,641.55 PART 6 - SANITARY SEWER 70 MOBILIZATION LS 1 $15,000.00 1.00 1.00 $15,000.00 71 ABANDON 21 " RCP LF 320 $14.00 325.00 325.00 $4,550.00 72 ABANDONMH EA 1 $1,500.00 1.00 1.00 $1,500.00 73 8" PVC SANITARY SEWER, 10 -15' LF 1436 $18.60 1298.00 1298.00 $24,142.80 74 8" PVC SANITARY SEWER, 15 -20' LF 517 $32.60 706.00 706.00 $23,015.60 75 8 PVC SANITARY SEWER, 20 -25' LF 125 $39.40 60.00 60.00 $2,36400 76 8 "X4'PVCWYE EA 32 $86.80 32.00 32.00 $2,777.60 77 4" PVC SERVICE RISER PIPE LF 40 $18.00 151.00 151.00 $2,718.00 78 4' MANHOLE OVERDEPTH LF 71 $105.00 80.79 80.79 $8,482.95 79 CONSTRUCT 8" OUTSIDE DROP LF 7.1 $345.00 7.10 7.10 $2,449.50 80 8 PVC PLUG EA 2 $65.00 3.00 3.00 $195.00 2014 -112 Request for Payment 5andFna1119 Contract Unit Previous Current Quantity Amount No. Item Unit Quantity Price Quantity Quantity to Date to Date 81 FURNISH AND INSTALL I &I BARRIER EA 10 $200.00 10.00 10.00 $2,000.00 FURNISH AND INSTALL 4' ME, 8' BEEP, INCL R -1642 EA 10 $1,890.00 10.00 10,00 $18,900.00 82 CAST & HDPE AD7 RINGS TOTAL PART 6 - SANITARY SEWER $108,095.45 PART 7 - WATER MAIN 83 REMOVE 8" DIP LF 20 $10.00 20.00 20.00 $200.00 84 FURNISH AND INSTALL 8" GATE VALVE EA 6 $1,508.00 6,00 6.00 $9,048.00 FURNISH AND INSTALL HYDRANT AND 6" GATE EA 3 $4,143.00 3.00 3.00 $12,429.00 85 VALVE 86 CUT IN 16`° X 8" TEE EA 1 $3,560.00 1.00 1.00 $3,560.00 87 CONNECT TO EXISTING WATER MAIN EA 1 $700.00 1.00 1.00 $700.00 88 8" WATER MAIN OFFSET EA 4 $1,500.00 4.00 4.00 $6,000.00 89 6" WATER. MAIN DUCTILE IRON CL 52 LF 50 $34.40 56.00 5.50 61.50 $2,115.60 90 8" WATER MAIN DUCTILE IRON CL 52 LF 2174 $31.00 2065.00 2065.00 $64,015.00 91 DUCTILE IRON FITTINGS LB 1900 $7.20 1852.00 1852.00 $13,334.40 TOTAL PART 7 - WATER MAIN $111,402.04 PART 8 - SERVICES 92 SANITARY SEWER SERVICE LOCATE BOX EA 32 $164.00 32.00 32.00 $5,248.00 93 4" PVC SANITARY SEWER LF 1440 $12.00 1376.00 1376.00 $16,512.00 94 1" CURB STOP & BOX EA 32 $194.00 32.00 32.00 $6,208.00 95 1" CORP STOP EA 32 $101.00 32.00 32.00 $3,232.00 96 1" TYPE K COPPER LF 1400 $14.40 1439.00 1439.00 $20,721.60 TOTAL PART 8 - SERVICES $51,921.60 PART 9 -STORM SEWER 97 15" RC PIPE DRAIN CLASS V 0' -10' LF 885 $20.00 1216.00 12I6.00 $24,320.00 98 18" RC PIPE DRAIN CLASS V 0' -I0' LF 220 $22.00 239.00 239.00 $5,258.00 99 21" RC PIPE DRAIN CLASS IV 0' -10' LF 151 $26.50 151,00 151.00 $4,001.50 100 24" RC PIPE DRAIN CLASS 1110'-10' LF 209 $28.00 469.00 469.00 $13,132.00 101 36" RC PIPE DRAIN CLASS II Y -10' LF 797 $58.00 856 00 856.00 $49,648.00 102 48" RC PIPE DRAIN CLASS 11 0'-10' LF 284 $99.00 2800 284.00 $28,116.00 103 54" RC PIPE DRAIN CLASS IV 0' -10' LF 20 $155.00 20.00 20.00 $3,100.00 2014 -112 Request tar Paym nl SandFinalxls Contract Unit Previous Current Quantity Amount No. Item Unit Quantity Price Quantity Quantity to Date to Date 104 54" RC PIPE DRAIN CLASS IV 10' -15' LF 55 $155.00 55.00 55.00 $8,525.00 105 54" RC PIPE DRAIN CLASS IV 15' -20' LF 85 $155.00 85.00 85.00 $13,175.00 FURNISH AND INSTALL 2'X3' CB, INCL R- 3290 -VB EA 3 $1,342.00 3.00 3.00 $4,026.00 106 CAST & HDPE ADJ RINGS FURNISH AND INSTALL 27 °' CB, INCL R -4342 CAST & EA 1 $1,060.00 1.00 1.00 $1,060.00 107 HDPE ADJ RINGS FURNISH AND INSTALL CB (CONE TYPE), INCL R- EA 3 $1,639.00 3.00 100 $4,917.00 108 4342 CAST & HDPE ADJ RINGS FURNISH AND INSTALL 4' CBMH, 8' DEEP, INCL R- EA 4 $1,810.00 5.00 5.00 $9,050.00 109 3290 -VB CAST & HDPE ADJ RINGS FURNISH AND INSTALL 4' CBMH, 8' DEEP, INCL R- EA 1 $1,635.00 1.00 1.00 $1,635.00 110 4342 CAST & HDPE ADJ RINGS FURNISH AND INSTALL T MH, 8' DEEP, INCL R -1642 EA 1 $1,639.00 1.00 1.00 $1,639.00 111 CAST & HDPE ADJ RINGS FURNISH AND INSTALL 5' CBN1H, 8` DEEP, INCL R- EA 1 $2,46100 1.00 1.00 $2,462.00 112 4342 CAST & HDPE ADJ RINGS FURNISH AND INSTALL 5' CBN1H, 8' DEEP, INCL R- EA 3 $2,517,00 4.00 4.00 $10,068.00 113 3290 -VB CAST & HDPE ADJ RINGS FURNISH AND INSTALL 6' CBMH, 9' DEEP, INCL R- EA 2 $3,161.00 2.00 2.00 $6,322.00 114 3290 -VB CAST & HDPE ADJ RINGS FURNISH AND INSTALL T CBME, 8' DEEP, INCL R- EA 1 $4,790.00 1.00 1.00 $4,790.00 115 3290VB CAST & HDPE ADJ RINGS FURNISH AND INSTALL 7' CBMH, 8' DEEP, INCL R- FA 2 $4,990.00 100 2.00 $9,980.00 116 3501 -TB CAST & HDPE ADJ RINGS FURNISH AND INSTALL 8' MH, 8' DEEP, INCL R1642 EA 1 $5,382.00 1.00 1.00 $5,382.00 117 CAST & HDPE ADJ RINGS FURNISH AND INSTALL 9' CBMH, 8' DEEP, INCL R- EA 1 $8,310.00 1.00 1.00 $8,310.00 118 3290 -VB CAST & HDPE ADJ RINGS 119 54 RC PIPE FLARED END SECTION WITRASH GUARD EA 1 $3,468.00 1.06 1.00 $3,468.00 120 RCP RAP CLASS IV CY 85 $60.00 60.00 60.00 $3,600.00 121 18" RC PLUG EA 2 $100.00 2.00 2.00 $200.00 EA 1 $150.00 1.00 1.00 $150.00 122 36'° RC PLUG 123 RECONSTRUCT DRAINAGE STRUCTURE LF 18 $285.00 11.11 11.11 $3,166.35 124 INSTALL CASTING EA 5 $250.00 0.00 $0.00 125 CONNECT TO EXISTING STRUCTURE FA 1 $1,000.00 1.00 1.00 $1,000.00 126 4' RfiI OVERDEPTH LF 2.6 $105.00 2.60 2.60 $27100 127 5' NIH OVERDEPTH LF 0.5 $166.00 0.10 0.10 $16.60 128 6' tij[-I OVERDEPTH LF 1.7 $23100 1.83 1.83 $424.56 129 7' MH OVERDEFTI - I LF 6 $392.00 538 5.78 $2,26536 130 8' MH OVERDEPTH LF 3 $445.00 2.75 2.75 $1,223.75 131 9' Nili OVERDEPTH LF 9 $642.00 9.00 9.00 $5,778.00 TOTAL PART 9 - STORM SEWER $240,482.52 PART 10 - STREETS 132 MOBILIZATION LS 1 $6,000.00 090 0.10 1.00 $6,000.00 2014 -112 Request for Payment 5sndFinAXIS Contract Unit Previous Current Quantity Amount No. Item Unit Quantity Price Quantity Quantity to Date to Date 133 REMOVEBITUNIINOUS PAVEMENT SY 910 $2,50 804.46 804,46 $2,011.15 134 SAW BITUMINOUS PAVEMENT LF 30 $2.00 30.00 30,00 $60.00 135 SALVAGE & REINSTALL BARRICADES EA 2 $250.00 100 2.00 4.00 $1,000.00 136 TOPSOIL BORROW (LV) CY 510 $20.00 412.00 412.00 $8,240.00 137 COMMON EXCAVATION (EV) CY 2,500 $3.50 1875.00 1875.00 $6,562.50 138 SELECT GRANULAR 13ORROW TN 5,550 $5.00 6031.00 6031.00 $30,155.00 139 AGGREGATE BASE CLASS 5 TN 3,700 $9.50 3110.00 25539 3365.39 $31,971.21 140 AGGREGATE BASE CLASS 5 FOR WALKS TN 600 $12.00 587.80 8.20 596.40 $7,152.00 141 BITUMINOUS MATERIAL. FOR TACK COAT GL 300 $3,25 200.00 100.00 300.00 $975.00 142 TYPE SPNWA330C NON -WEAR 2" THICK I'M 760 $69.90 696.99 696.99 $48,719.60 143 TYPE SPWEA330C WEAR 2" THICK TN 760 $70.80 720.82 720.82 $51,034.06 144 FINE FILTER AGGREGATE (LV) CY 55 $20.00 0.00 0.00 $0.00 145 4" PERFORATED PE PIPE DRAIN LF 600 $8.00 0.00 0.00 $0.00 146 CONNECT INTO DRAINAGE STRUCTURE EA 2 $200.00 0.00 0.00 $0.00 147 4" CONCRETE SIDEWALK SF 17500 $2.80 16984.50 2314.00 19298.50 $54,035.80 148 CONCRETE CURB AND GLITTER, MOUNTABLE LF 3500 $9.60 3307.00 3307.00 $31,747.20 149 CONCRETE CURB AND GUTTER, DESIGN B618 LF 130 $12.95 134.00 130.00 $1,683.50 150 CONCRETE MEDIAN NOSE SF IS $I0.00 31.00 31.00 $310.00 151 PEDESTRIAN CURB RAMP SF 190 $5.00 270.79 270.79 $1,353.95 152 TRUNCATED DOME PANEL SF 48 $35.00 70.00 70.00 $2,450. 153 SIGN TYPE C SF 13 $65.00 12.50 12.50 $812.50 154 STREET SIGN BLADES EA 2 $95.00 2.00 2.00 $190.00 FURNISH STREET SIGNPOST AND MOUNTNG EA 1 $60.40 1.00 1.00 $60.00 155 ACCESSORIES 156 FURNISH AND INSTALL TYPE III BARRICADES EA 2 $250.00 100 2.00 $500,00 157 STORM DRAIN INLET PROTECTION EA 25 $100.00 0.00 $0.00 158 CONDUIT CROSSINGS LF 300 $7.00 300.00 300.00 $2,100.00 159 SEEDING AC 1.00 $1,250,00 2.48 3.32 5.80 $7,245.00 160 SEED NINDOT 260 LBS 100.00 $0.01 100.00 100.00 $1.00 161 MULCH TN 2.00 $0.01 2.00 2.00 $0.02 162 TURF ESTABLISHMENT LS 1 $500.00 0.50 0.50 $250.00 163 FERTILIZER TYPE 3 LB 300 $0.01 300.00 300.00 $100 TOTAL PART 10 - STREETS $296,622.48 2014 -112 RequW for Payment 5aM 9nakxis Contract Unit Previous Current Quantity Amount No. Item Unit Quantity Price Quantity Quantity to Date to Mite CHANGE ORDER NO. 1 PART i - SANITARY SEWER 1 8" PVC SANITARY SEWER, 15 -20' LF 140 $42.60 140.00 144.00 $5,964.00 2 8 "X4' PVC WYE EA 2 $87.00 2.00 2.00 $174.00 3 4" PVC SERVICE RISER PIPE LF 8 $18.00 12.00 12.00 $216.00 4 12" X 4" POWERSEAL WYE EA 3 $3,400.00 3,00 100 $10,200.00 5 8 " PVC PLUG EA 1 $65.00 1.00 1.00 $65.40 TOTAL PART 1 - SANITARY SEWER $16,619.00 PART 2 - WATER MAIN 6 REMOTE 8" DIP LF 40 $12.00 40.00 40.00 $480.00 7 REMOVE 16" X 8 " CROSS EA 1 $1,460.00 1.40 1.00 $1,460.00 8 INSTALL 16" X 16' CROSS EA 1 $9,800.00 1.00 1.00 $9,800.00 9 FURNISH AND INSTALL 16" BUTTERFLY VALVE EA 1 $3,630.00 1.00 Lob $3,630.00 10 SALVAGE 8 " GV 8c SOX EA 1 $100.40 0.00 $4.00 11 16" WATER MAIN DUCTILE IRON CL 52 LF 180 $79.80 180.04 184.00 $14,364.04 11 16 °' DIP SLEEVE EA 1 $1,620.00 100 2.00 $3,240.00 12 CONNECT TO EXISTING EA 1 $700.00 1.00 1.00 $700.00 TOTAL PART 2 - WATER MAIN $33,674.00 PART 3 - SERVICES 13 SANITARY SEWER SERVICE LOCATE BOX EA 3 $164'00 104 3.00 $492.00 14 4" PVC SANITARY SEWER LF 140 $33.43 70.00 70.00 $2,340.10 15 1" CURS STOP &BOX EA 3 $194.00 3.00 3.00 $582.00 ]b 1" CORD STflP EA 3 $101.00 3.00 3.00 $303.00 17 1" TYPE K COPPER LF 130 $14.40 65.00 65.00 $936,00 TOTAL PART 3 - SERVICES $4,653,10 PART 4 - STORM SEWER 18 15" RC PIPE DRAIN CLASS V 0' -[0' LF 658 $24.00 658.00 658.00 $13,160.00 19 24" RC PIPE DRAIN CLASS 111 0` LF 356 $28.00 356.00 356.00 $9,968.00 2014 -112 Request for Paymni 5andFinal.xls Contract Unit Previous Current Quantity Amount No. Item Unit Quantity Price Quantify Quantity to Date to Date 20 48" RC PIPE DRAIN CLASS II U -10' LF 120 $99.00 120.00 120.00 $11,880.00 FURNISH AND INSTALL 2'X3' CB, INCL R- 3290 -VB EA 1 $1,342.00 1.00 1.00 $1,342.00 21 CAST & HDPE ADJ ICINGS FURNISH AND INSTALL CB (CONE TYPE), INCL R- EA 1 $],639.00 1.00 1.00 $1,639.00 22 4342 CAST & HDPE ADJ RINGS FURNISH AND INSTALL 4' CBMH, 8' DEEP, INCL R- 23 3290 -VB CAST & I-1DPE ADJ RINGS EA 1 $2,012:D0 1.00 1.00 $2,012.00 FURNISH AND INSTALL 4' CBMH, 8' DEEP, INCL R EA 3 $2,012,00 2.00 2.00 $4,024.00 24 4342 CAST & HDPE ADJ RINGS FURNISH AND INSTALL T MH, 8' DEEP, INCL R -1642 EA 1 $4,790.00 1.00 1.00 $4,790.40 25 CAST & HDPE ADJ RINGS 26 4' MH OVERDEPTH LF 4 $105.00 2.I5 2.15 $22535 27 7 MH OVERDEPTH LF 3 $392.00 4.14 4.14 $1,622.88 TOTAL PART 4 - STORM SEWER $50,663.63 PART 5- STREETS 28 REMOVE BI'T'UMINOUS PAVEMENT SY 890 $2.50 476.60 476.60 $1,191.50 29 REMOVE CONCRETE CURB AND GUTTER LF 265 $3.00 177.00 177.00 $531.00 30 REMOVE CONCRETE WALK SF 1,325 $1.00 1235.00 1235.00 $1,235.00 31 FURNISH & INSTALL BARRICADES EA 3 $250.00 3.00 -1.00 2.00 $500.00 32 TOPSOIL BORROW (LV) CY 60 $20.40 0.00 $0.00 33 AGGREGATE BASE CLASS 5 TN 1,250 $9.50 1492.00 - 242.00 1250.00 $11,875.00 34 AGGREGATE BASE CLASS 5 FOR WALKS TN 90 $12.00 76.33 -30.82 45.51 $546.12 35 BITUNIINOUS MATERIAL FOR TACK COAT GL 120 $3,25 100.00 35.00 135.00 $438.75 36 TYPE SPNWA330C NON -WEAR 2" THICK TN 290 $71.40 175.27 175.27 $12,51428 37 TYPE SPWEA330C WEAR 2" THICK TN 290 $79.30 168.46 168.46 $13,358.88 38 FINE FILTER AGGREGATE (LV) CY 6 $20.00 0.00 $4.00 39 4 °' PERFORATED PE PIPE DRAIN LF 100 $8.00 0.00 $0.00 40 4" CONCRETE SIDEWALK SF 2050 $2.80 2133.50 2133.50 $5,973.80 41 CONCRETE CURS AND GUTTER, MOUNTABLE LF 460 $9.60 450.00 450.00 $4,320.00 42 PEDESTRIAN CURB RAMP SF 140 $5.00 189.85 189.85 $949.25 43 TRUNCATED DAME PANEL SF 36 $35.00 38.00 38.00 $1,330.00 44 SIGN TYPE C SF -13 $65.00 -3.00 6.25 125 $211.25 45 STREET SIGN BLADES EA 2 $95.00 2.00 2.00 $190.00 FURNISH STREET SIGN POST AND MOUNTNG EA 1 $60.00 1.00 1.00 $60.00 46 ACCESSORIES 47 STORM DRAIN INLET PROTECTION EA 6 $100.00 0.00 $0.40 48 CONDUIT CROSSINGS LF 225 $7.00 225.00 225.00 $1,575.00 2014 -112 Request for Payment 5,mc Final.zls Contract Unit Previous Current Quantity Amount No. Item Unit Quantity Price Quantity Quantity to Date to Date 49 4" DOUBLE YELLOW PAINT - LATEX LF 1450 $0.48 1484,00 1484.00 $712.32 50 4" WHITE PAINT - LATEX LF 2510 $0.36 2562.00 2562.00 $92232 TOTAL PART 5- STREETS $58,434.47 PART 6 - STORM SEWER - DR HORTON 51 24" RC PIPE DRAIN CLASS 111 0'-10' LF 557 $28.00 157.00 157.00 $4,396.00 52 27" RC PIPE DRAIN CLASS 111 0'-10' LF 185 $38.00 185.00 185.00 $7,030.00 53 30 °' RC PIPE DRAIN CLASS II 0' -10' LF -62 $40.00 -62.00 -62.00 - $2,480.00 54 36" RC PIPE DRAIN CLASS 11 0'-10' LF -342 $58'00 - 342.00 - 342.60 - $19,836.00 $82.00 284.00 95.00 382.00 $31,324.00 55 42 "' RC PIPE DRAIN CLASS 11 0`40' LF 284 56 48'° RC PIPE DRAIN CLASS 11 0'-10' LF `284 $99.00 28400 - 284.00 - $28,116.00 $122.00 20.00 20.00 $2,440.06 57 48" RC PIPE DRAIN CLASS IV 0' -10' LF 20 58 48" RC PIPE DRAIN CLASS IV 10" -15' LF 55 $131,00 55,00 55.00 $7,205.00 59 48 " RC PIPE DRAIN CLASS IV 15' -20' LF 85 $140.00 85.00 55.00 $11,900.00 60 54" RC PIPE DRAIN CLASS IV 0' -10' LF -20 $155.00 -20.00 -20.00 - $3,100.00 61 54" RC FIFE DRAIN CLASS IV 10' -15' LF -55 $155.00 -55.00 -55.00 -$8,525.00 $155.00 -85.00 •85.00 - $13,175.00 62 54 "' RC PIPE DRAIN CLASS IV 15' -20' LF -85 FURNISH AND INSTALL 5' MH, 8' DEEP, INCL R -1642 $2,517.00 1.00 1.00 $2,517.00 63 CAST & HDPE ADJ RINGS EA 1 FURNISH AND INSTALL 6' NM, 8' DEEP, INCL R -1642 $3,161.00 -1 -1.00 - $3,161.00 64 CAST & HDPE ADJ RINGS EA 1 FURNISH AND INSTALL 6' CBMH, 8' DEEP, INCL R- $3,161.00 1.00 1.00 $3,161.00 65 3290 -VB CAST & ITDPE ADJ RINGS EA I FURNISH AND INSTALL 6' CBMH, 8' DEEP, INCL R� $3,161.00 2.00 2.00 $6,32100 66 3501 -TB CAST & HDPE ADJ RINGS EA 2 FURNISH AND INSTALL 7' CBMH, 8° DEEP, INCL R- $4,790.00 -2.00 -2.00 - $9,580.00 67 3501 -TB CAST & HDPE ADJ RINGS EA -2 FURNISH AND INSTALL T MH, 8' DEEP, INCL R1643 $4,690.00 1.00 1.00 $4,690.00 68 CAST & HDPE ADJ RINGS EA 3 FURNISH AND INSTALL S' MH, 8' DEEP, INCL R1642 $5,38100 -1.00 -1.00 - $5,382.00 69 CAST 6'c HDPE ADJ RINGS EA -1 FURNISH AND INSTALL 9' CBMH, 8' DEEP, INCL R- $8,310.00 -1.00 -1.00 - $8,310.00 70 3290 -VB CAST & HDPE ADJ RINGS EA 1 71 48" RC PIPE FLARED END SECTION WITRASH GUARD FA 1 $3,020.04 1.00 1.00 $3,020.00 72 54" RC PIPE FLARED END SECTION W/TRASH GUARD EA -5 $3,468.00 _100 -1.00 - $3,465.00 $166.00 1.50 1.50 $249.00 73 5' Iv4H OVERDEPTH LF 1.5 $232.00 13.22 13.22 $3,067.04 74 6' MH OVERDEPTH LF 12 $392.00 419 _4.19 $1,642.48 75 7' R+IH OVERDEPTH LF -1.5 $445.00 -2.75 -2.75 - $1,223.75 76 8' MH OVERDEPTH LF -3 $642.00 -9.00 -9.00 - $5,77800 77 9' MH OVERDEPTH LF -9 2014 -112 Request for PBY"nt G-din l xis Contract Unit Previous Current Quantity Amount No. Item Unit Quantity Price Quantity Quantity to Date to Date PART 6 - TOTAL STORM SEWER - DR HORTON - $26,456.19 CHANGE ORDER NO.2 CHANGE ORDER NO.2 PART 1 - WATERMAIN VALVE REPLACEMENT I MOBILIZATION LS 1 $3,442.00 1.04 1.00 $3,442.00 2 16' BUTTERFLY VALVE EA 1 $7,699.00 L00 1.00 $7,699.00 3 FITTINGS LB 1300 $14.95 1300.00 1300.00 $19,435.40 PART 1 - WATERMAIN VALVE REPLACEMENT $30,576.00 PART 2 - UTILITY STRUCTURE ADJUSTMENT $10,030.00 4 REMOVE MANHOLE SECTION LF 59 $170.00 59.00 59.00 PART 2 - UTILITY STRUCTURE ADJUSTMENT $10,030.00 PART 3 - CONCRETE INSTALLATION 5 7" VALLEY GLTTFR INSTALLATION S L 193.31 $6133 19131 193.31 $11,855.70 PART 3 - CONCRETE INSTALLATION $11,855.70 PART 4 - SIDEWALK INSTALLATION 6 5" CONCRETE SIDEWALK SF 20900 $3.00 20682.50 20682.50 $62,047.50 4" CONCRETE SIDEWALK SF _$2.80 20682.50 _20900 20682.50 - $57,911.00 PART 4 - SIDEWALK INSTALLATION $4,136.50 TOTAL PART 1- EMBRY PATH SANITARY SEWER $63`795.75 TOTAL PART 2 - EMBRY PATH WATER MAIN $37,972.40 TOTAL PART 3 - EMBRY PATH SERVICES $29,010.00 TOTAL PART 4 - EMBRY PATH STORM SEWER 547,552.40 TOTAL PART 5 - EMBRY PATH STREETS $136,641.55 TOTAL PART 6 - SANITARY SEWER $108,095.45 TOTAL PART 7 - WATER MAIN 5111,402.00 TOTAL PART 8 - SERVICES $51,921.60 TOTAL PART 9 - STORM SEWER $240,482.52 TOTAL PART 10 - STREETS $296,622.48 2014.112 Request for Faymsnt 5andFinal.xIs Contract Unit Previous Current Quantity Amount No. Item Unit Quantity Price Quantity Quantity to Date to Date CHANGE ORDER NO.1 - PART 1 - SANITARY $16,619.00 SEWER CHANGE ORDER NO.1 - PART 2 - WATER MAIN $33,674.00 CHANGE ORDER NO. 1 - PART 3 - SERVICES $4,653.10 CHANGE ORDER NO. I - PART 4 - STORM SEWER $50,663.63 CHANGE ORDER NO. I - PART 5 - STREETS $58,434.47 CHANGE ORDER NO, I - PART 6 - STORM SEWER - $26,456,19 DR HORTON CHANGE ORDER NO. 2 PART 1- SVATERMAIN $30,576.00 VALVE REPLACEMENT CHANGE ORDER NO.2 PART 2 - UTILITY STRUCTURE ADJUSTMENT $10,030.80 CHANGE ORDER NO.2 PART 3 - CONCRETE $11,8$5.70 INSTALLATION CHANGE ORDER NO.2 PART 4 - SIDEWALK $4,136.50 INSTALLATION TOTAL CONSTRUCTION COST $1,317,682.36 2014 -112 Request for Payment SandFinal,xts PROJECT PAYMENT STATUS OWNER CITY OF APPLE VALLEY Project File No. 2014 -112 CONTRACTOR Northwest Asphalt, INC. CHANGE ORDERS No. Date Description Amount 1 EJ]PUEEmm Eltems, provements $154,7 79.80 2 Cc $56, 641.70 Total Change Orders $211,421.50 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 08/0112014 09/02/14 332,190.07 17,483.69 349,673.76 2 09/03/2014 09/30/14 401,095.09 38,593.96 771,879.12 3 10/01/2014 10131/14 330,833.86 56,006,26 1,120,125.29 4 10/31/2014 06/01/15 155,271.09 64,178.43 1,283,568.54 5andFinal 0610112015 11/03/15 98,292.25 1,317,682.36 Material on Hand Total Payment to Date $1,317,682.36 Ori final Contract $1,106,119.94 Retaina e Pay No 5ANDFINAL Chan e Orders $211,421.50 Total Amount Earned $1,317,682.36 Revised Contract $1,317,541.44 2014 -112 Request for Payment 5andFinal.As :�0 ITEM: 4.R. 000 Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Acceptance and Final Payment on Agreement with Northstar Mudjacking & More, LLC, for Project 2015 -125, 2015 Concrete Raising and Leveling Services Staff Contact: Department/ Division: Michael Glewwe, Public Works Superintendent - Streets Public Works Department ACTION REQUESTED: Approve acceptance and final payment on agreement with Northstar Mudjacking & More, LLC for Project 2015 -125, 2015 Concrete Raising and Leveling Services in the amount of $2,546.06 for a total cost of $9,121.25. SUMMARY: Northstar Mudjacl6ng & More, LLC has requested final payment for concrete raising and leveling services to repair hazardous sidewall at various locations in the City. This is the fourth and final payment request which includes the final invoice, 5% retainage from previous payments, and work completed at unit cost to repair a sidewall at Hayes Arena for Parr Maintenance. The contractor has completed all work per the agreement. The improvements have been inspected and found to be acceptable for final payment. Project Costs: Previous Payments 1 — 3 $6,575.19 5% Retainage on previous Payment Voucher 3 346.06 Invoice #1491 — Concrete Raising & Leveling — Streets Division 1,900.00 Subtotal $8,821.25 Parks Department Raise & level 2 sidewall sections at Hayes Arena at unit price quote $300.00 Final Cost $9,121.25 BACKGROUND: On April 23, 2015, City Council approved an agreement with Northstar Mudjacking and More, LLC in the amount of $8,915.00 for concrete raising and leveling services at various locations within the City. BUDGET IMPACT: Funds for this project are included in the Public Works Streets Division and Hayes Arena 2015 Operating Budgets. ATTACHMENTS: Final Pay Documents PAYMENT VOUCHER #4 & FINAL 2015 Concrete Raising and Leveling Services City Project 2015 -125 For Period Ending: 11130115 OWNER: CONTRACTOR: City of Apple Valley Northstar Mudjacking & More, LLC 7100 147th Street West 4541 198th St. W. Apple Valley, MN 55124 Farmington, MN 55024 Phone: 651 - 405 -6717 Amount of Contract: $8,915.00 Total Amount $8,915.00 Contract Value Amount of Work Less Less Net Account Per Agreement Certified Retained Previous Amount Number 4/23/2015 To Date 0% Payments Due Streets Division 1610-6249- 2015125G $8,915.00 $8,821.25 $0.00 $6,575.19 $2,246.06 Parks MaintenancE 1910 - 6249 - 20151256 $300.00 $300.00 Subtotal $8,915.00 $9,121.25 $2,546.06 Total $ 8,915.00 $9,121.25 $2,546.0 fi Date: Public Works Superint ent - Streets Date: ✓ � "l t Public Works Director CITY OF APPLE VALLEY, MINNESOTA APPLICATION FOR PAYMENT DATE: " FOR PERIOD: PROJECT: ' From To CONTRACTOR:, REQUEST FOR PAYMENT NO- It atl ADDRESS: y l'Ll S 0a4 SUMMARY: 1. Original Contract Amount ( ) 2. Change Order - ADDITION $ 3. Change Order - DEDUCTION 4. Revised Contract Amount $ 5 5. Total Completed and Stored to Date $ r 6. Less Retainage q2 % 7. Total Earned Less Retainage 9 I D,\ 8. Less Amount Paid Previously $ _te 1 9. AMOUNT DUE THIS CURRENT REQUEST 2 1 Sy au The undersigned Contractor certifies that to the best of his knowledge, information and belief, the work covered by this application for payment has been completed in accordance with the contract documents, that all amounts have been paid by him for work for which previous payments were received from the City and that curie payment shown herein is now due. Contractor { Y Recommended for Payment By: ( 4 ATTACH ITEMIZED INVOICE Title' Date: Nov 30 15 03;45p Northstar Mudjacking 651 333 9020 p.1 Northstar Mudjaclking $ More, LLC 4541 198th Street West Farmington, MN 55024 (651) 405 -6717 chri s.h ilfer @northstar- mudjacking. net www.n orthstarrnudjacking. net INVOICE BILLTO f Apple # 1491 INVOICE City of Apple Valley 7100 147th Street W DATE 10/3012015 Apple Valley, MN 55124 USA DUE DATE 10/3&2015 _ TERMS Due on re ceip t ACTIVITY Cement RaisingtMudjacking Void fill 1 catch basin with Portland located on Cedar Ave S and 1 1,900.00 1'900'00 McAndrews road. Cement Raising/Mudjacking Raise and level 2 sections of sidewalk level with curblgutter at Hayes 1 30000 300.0 Arena 14595 Hayes Road. Thanks for the work! BALANCE DUE $2,200.00 0*0 ITEM: 4.S. 0000 000 •mss Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Liquor Operations Holiday Pay Policy Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Approve Liquor Operations holiday pay policy. SUMMARY: Retail liquor operations are recognized as a unique category within the City's workforce. Liquor employees are regularly required to work on holidays observed by the City. Staff recommends approval of a holiday pay policy for liquor employees to simplify holiday leave administration and provide greater flexibility for cost- effective staffing on holidays. BACKGROUND: The City of Apple Valley provides paid holidays in support of employee well -being and a great place to work while achieving the City's goal of running a profitable and successful retail liquor operation. Liquor employees are regularly required to work on holidays observed by the City; therefore, a practice was implemented which allowed an employee to receive an annual leave contribution if required to work on a holiday. This option is not available to other employees in the City who may be required to work on a holiday, and annual leave can be banked and used or paid out at a future time at a higher rate of pay than when the holiday occurred. For these reasons, Human Resources and Liquor Operations staff have worked together to recommend a holiday pay policy which will apply to employees of the Liquor Operations division. Holidays for retail liquor store clerks are modified in the proposed policy to be consistent with observed holidays for other similarly situated retail employees in the marketplace. For those employees eligible for paid time off, a bank of holiday leave hours, as included in the proposed policy, is more practical than the paid holidays provided to eligible employees in other City operations with traditional Monday through Friday work schedules. This model is currently used for the City's Police Officers and Sergeants. The holiday leave bank will provide both labor and management with improved flexibility for holiday scheduling in the competitive retail market. Non - exempt employees who work on an observed holiday will continue to receive a premium pay rate for hours worked on the holiday. Employees who are required to work on a holiday may use their holiday leave hours as paid time off at another time which is convenient for them. Holiday leave hours must be used by the end of the calendar year and cannot be carried forward or cashed out, resulting in no future financial liability for the City relative to the holiday leave hours. BUDGET IMPACT: Implementation of this policy will result in reduced labor costs for the City's liquor stores on holidays. ATTACHMENTS: Background Material Apple City of Apple Valley Personnel Policy Valley Liquor Operations Holidays Policy PURPOSE The City of Apple Valley provides paid holidays in support of employee well -being and a great place to work while achieving the City's goal of running a profitable and successful retail liquor operation. SCOPE This policy applies to employees assigned to the Liquor Operations division. POLICY The City of Apple Valley provides paid holidays to eligible Liquor Operation employees. All holidays observed under this policy are without regard to holidays as may be observed by other operations within the City. Section 1: Full -Time Schedule I, II, and III and Part -Time Regular Employees Observed Holidays The following holidays are observed under this section: (1) New Year's Day (7) Veteran's Day (2) Martin Luther King, Jr. Day (8) Thanksgiving Day (3) President's Day (9) Day after Thanksgiving (4) Memorial Day (10) Christmas Eve (5) Independence Day (11) Christmas Day (6) Labor Day If one of the above listed holidays falls on a day on which the liquor stores are closed, no alternate day shall be observed as such holiday. A non - exempt employee who is scheduled to work on a holiday observed under this section shall be paid for those hours actually worked on the holiday at one and one -half times the employee's regular base rate of pay. Holiday Leave Each eligible Schedule I, II, and III employee shall be credited with 88 hours of holiday leave time in a holiday leave bank, on January 1 of each year in lieu of holidays. Each eligible regular part -time employee who is eligible to earn annual leave shall be credited with 44 hours of holiday leave time in a holiday leave bank, on January 1 of each year in lieu of holidays. Requests for use of holiday leave time shall be made in writing by the employee and in accordance with the normal leave procedures of the Liquor Operations division. The City reserves the sole right to grant holiday leave time. Holiday leave time shall not accumulate from year to year. Any unused holiday leave hours remaining in the employee's holiday leave bank on December 31 shall be forfeited. Holiday leave time for a new employee or an employee leaving employment shall be appropriately prorated to reflect the actual holidays observed by the City under this policy as of the date of the event affecting employment status. If an employee leaving employment has taken more holiday leave time than the appropriate prorated amount, the difference shall be deducted from the employee's final paycheck. An employee shall not use holiday leave in addition to hours worked on any holiday observed under this section. An employee shall not use holiday leave to exceed the employee's normally scheduled number of hours per work week. Holiday leave hours shall not be deemed hours worked for the purposes of calculating overtime for a non- exempt employee. Section 2: Part -Time Retail Liquor Store Clerks Observed Holidays The following holidays are observed under this section: (1) New Year's Day (5) Thanksgiving Day (2) Memorial Day (6) Christmas Eve (3) Independence Day (7) Christmas Day (4) Labor Day If one of the above listed holidays falls on a day on which the liquor stores are closed, no alternate day shall be observed as such holiday. A non - exempt employee who is scheduled to work on a holiday observed under this section shall be paid for those hours actually worked on the holiday at one and one -half times the employee's regular base rate of pay. An employee not scheduled to work on a holiday observed under this section shall not receive compensation for such holiday. DEFINITIONS Full -Time Schedule I, II, or III Employee Individual employed in a full -time position included in Schedule I, II, or III of the approved Pay and Benefit Plan. Part -Time Regular Employee Individual employed in a regularly scheduled part -time position included in the approved Pay and Benefit Plan. Part -Time Retail Liquor Store Clerk Individual employed in a retail liquor store sales clerk or lead sales clerk position included in the approved Pay and Benefit Plan. ADOPTION This policy shall become effective January 1, 2016 upon approval by the City Council and shall supersede all previous policies and practices relative to Liquor Operations holidays. This policy may be amended at any time at the sole discretion of the City and will supersede all previous versions. Revisions and amendments shall become effective upon approval by the City Council. The City reserves the right to operate and manage its affairs in all respects in accordance with existing and future laws and regulations. These rights shall specifically include, but not be limited to, the right to adopt, amend, repeal, or terminate personnel policies. Where it is determined that a strict application of this policy would cause undue hardship, the City shall have the sole right to interpret the policy in a manner to avoid undue hardship. 0*0 ITEM: 4.T. 0000 000 •mss Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Changes to Pay and Benefit Plan for 2016 Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Adopt resolution approving changes to the pay and benefit plan for 2016 and directing staff to prepare a 2016 pay and benefit plan document incorporating the changes. SUMMARY: Staff annually reviews the pay and benefit plan and recommends changes and modifications as needed and as provided in the adopted budget. The recommended revisions are typically presented to you at the last council meeting in December in order to implement changes in the new payroll year. Staff has prepared the attached resolution for your consideration. Following is a summary of the changes recommended to the pay and benefit plan for 2016: Wages: Adjust full -time schedule I It, and III, firefighter, and regular part-time pay ranges by 2.5 %. Adjust full -time schedule III range maximums for market parity; average adjustment is 4.7 %. It should be noted that an individual employee's advancement through the pay range is not automatic, but is based on the employee's performance in the position and /or other criteria and standards as established by the City. Adjust part-time retail liquor pay scales approximately 3.5% with the addition of a 5 -year longevity /merit step. Part-time retail liquor pay scales have not been adjusted since 2011. Adjust casual (temporary /seasonal/vari able hour) pay scale for minimum wage and reorganize to provide a uniform structure of step and grade differentials. Average adjustment for affected positions is 4.2 %. The casual pay scale has not been adjusted since 2008, with the exception of individual steps adjusted to comply with mandated minimum wage increases. Job Title Changes (No Financial Impact): Full -Time Positions: Retitle Cemetery /Public Works Coordinator to Public Works /Cemetery Administrative Coordinator in Grade 7. Retitle Engineering/Construction Technician to Engineering Technician It in grade 8. Retitle Building Official to Chief Building Official in grade 16. Retitle Deputy Fire Chief /Training Officer to Deputy Fire Chief in grade 16. Part-Time Positions: Delete Food & Beverage Banquet Captain in grade PTO 1. Delete Food & Beverage Banquet Cook in grade PT02. Delete Food & Beverage Banquet Supervisor and Food & Beverage Lead Cook in grade PT03. Retitle Liquor Accounting Clerk to Accounting Clerk and Clerical Assistant to Clerical Support Clerk in grade PT04. Delete Kitchen Supervisor in grade PT04. Add Program Supervisor in grade PT04. Casual Positions: Add Arena Attendant, Food & Beverage Support, Golf Outside Service Attendant, and Golf Shop Assistant in grade C -01. Retitle Recreation Facility Attendant to Recreation Attendant in grade C -01. Retitle Lifeguard to Lifeguard I in grade C -02. Add Lifeguard 11 in grade C -03. Add Facility Leader in grade C -04. Retitle Aquatic Center Office Leader to Office Leader in grade C -04. Add Food & Beverage Banquet Captain and Food & Beverage Event Planner in grade C -05. Retitle Recreation Program Instructor to Recreation Program Instructor I in grade C -06. Add Concessions Supervisor, Food & Beverage Kitchen Supervisor, Food & Beverage Operations Supervisor, Golf Supervisor, and Recreation Program Instructor II in grade C -07. Retitle Facility Leader to Facility On -Call Supervisor in grade C -08. Add Food & Beverage Kitchen Coordinator in grade C -09. Retitle Temporary Accountant to Temporary Professional in grade C -10. Add Food & Beverage Flex/Float and Recreation Flex/Float in grade C -10. Other Changes: Full -Time Positions: Add Engineering Technician I in grade 4. Reclassify Division/Department Specialist (Administration) in grade 3 to Department Assistant in grade 6. Reclassify Department Assistant (Parks & Recreation) in grade 6 to Parrs & Recreation Administrative Coordinator in grade 7. Add Deputy Fire Marshal in grade 12. Add Civil Engineer in grade 13. BACKGROUND: The pay and benefit plan covers all non - represented regular full -time and part-time employees, retail liquor sales clerks, casual (seasonal/temporary/ variable hour) employees, and paid -on -call volunteer firefighters. The pay system includes two components: annual range adjustment and the step system for movement through the range. Adjustments to ranges, if applicable, are approved on an annual basis by the Council. Progression within the range is based on an individual's time in position, performance in the position and/or other criteria and standards as established by the City. The City's pay and benefit plan is designed to 1) establish and maintain pay opportunities that enable Apple Valley to attract and retain qualified, reliable, and motivated staff who are committed to the City's mission and objectives, 2) follow the principles of comparable worth in establishing and maintaining pay relationships among positions based on knowledge and responsibility required to do the job, 3) review and monitor the total compensation package in relation to internal and external equity, and 4) balance compensation and benefit needs with available resources. BUDGET IMPACT: Funds sufficient to implement all the recommended changes are included in the City's adopted 2016 budget. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2015 - A RESOLUTION APPROVING REVISED 2016 PAY AND BENEFIT PLAN WHEREAS, the purpose of this Resolution is to approve the 2016 pay and benefit plan for full - time Schedule I, It, III, part-time, and casual employees; elected officials; and paid -on -call firefighters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley as follows: 1. That, the City adjusts the pay scales for Schedule I, non - exempt positions and Schedules II and III, exempt positions, by 2.5% effective December 26, 2015. Schedule III range maximums are adjusted on average 4.7% for market parity. 2. That, the City adjusts the pay scales for regular part-time, non - exempt positions by 2.5% effective December 26, 2015. 3. That, the City adjusts the pay scale for paid -on -call volunteer firefighter by 2.5% effective January 1, 2016. 4. That, part-time retail liquor pay scales are adjusted approximately 3.5% with the addition of a 5- year longevity /merit step. 5. That, the pay scale for casual employees (temporary /seasonal /vari able hour) is adjusted for minimum wage and reorganized to provide a uniform structure of step and grade differentials. Average adjustment for affected positions is 42 %. 6. That, for 2016, the annual uniform allowance for Fire Chief, Deputy Fire Chief /Training Officer, Fire Marshal, Fire Inspector, Building Inspector, Code Compliance Specialist, Natural Resources Coordinator, Water Quality Technician, Public Works Technician, Police Chief, Police Captain, and Police Records staff shall be initial issue and fair wear and tear replacement. 7. That, for 2016, the monthly car allowance amounts for designated administrative personnel are as follows: $385 for City Administrator; $275 for Cable Coordinator, Community Development Director, IT Manager, Public Works Director, Public Works Superintendents, and Public Works Supervisor. The Police Chief, Police Captains, Fire Chief, Deputy Fire Chief /Training Officer, Fire Marshal, and rotating Assistant Fire Chiefs shall be provided with 24 -hour usage of a city -owned vehicle. 8. That, the following position title changes are made: Retitle Cemetery/Public Works Coordinator to Public Works /Cemetery Administrative Coordinator in Grade 7. Retitle Engineering/Construction Technician to Engineering Technician II in grade 8. Retitle Building Official to Chief Building Official in grade 16. Retitle Deputy Fire Chief /Training Officer to Deputy Fire Chief in grade 16. Delete Food & Beverage Banquet Captain in grade PTO I. Delete Food & Beverage Banquet Cook in grade PT02. Delete Food & Beverage Banquet Supervisor and Food & Beverage Lead Cook in grade PT03. Retitle Liquor Accounting Clerk to Accounting Clerk and Clerical Assistant to Clerical Support Clerk in grade PT04. Delete Kitchen Supervisor in grade PT04. Add Program Supervisor in grade PT04. Add Arena Attendant, Food & Beverage Support, Golf Outside Service Attendant, and Golf Shop Assistant in grade C -01. Retitle Recreation Facility Attendant to Recreation Attendant in grade C -01. Retitle Lifeguard to Lifeguard I in grade C -02. Add Lifeguard 11 in grade C -03. Add Facility Leader in grade C -04. Retitle Aquatic Center Office Leader to Office Leader in grade C -04. Add Food & Beverage Banquet Captain and Food & Beverage Event Planner in grade C -05. Retitle Recreation Program Instructor to Recreation Program Instructor I in grade C -06. Add Concessions Supervisor, Food & Beverage Kitchen Supervisor, Food & Beverage Operations Supervisor, Golf Supervisor, and Recreation Program Instructor II in grade C -07. Retitle Facility Leader to Facility On -Call Supervisor in grade C -08. Add Food & Beverage Kitchen Coordinator in grade C -09. Retitle Temporary Accountant to Temporary Professional in grade C -10. Add Recreation Flex/Float and Food & Beverage Flex/Float in grade C -10. 9. That, the following miscellaneous changes are made: Add Engineering Technician I in grade 4. Reclassify Division/Department Specialist (Administration) in grade 3 to Department Assistant in grade 6. Reclassify Department Assistant (Parks & Recreation) in grade 6 to Parks & Recreation Administrative Coordinator in grade 7. Add Deputy Fire Marshal in grade 12. Add Civil Engineer in grade 13. 10. That, the City of Apple Valley is committed to the principle of comparable worth and will continue to monitor and maintain equitable compensation relationships. However, the City also recognizes that it employs public safety personnel required to perform duties which may place them in a potentially life threatening situation and, therefore, the public safety personnel will be recognized by the City as a unique component within the total employee work force. 11. That, if any conflict exists between this Resolution and Chapter 34 of the City Code, this Resolution shall prevail. 12. That, adoption of this resolution includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the 2016 Pay and Benefit Plan. 13. That, following each payroll period, the Payroll Coordinator shall make a Gross Payroll Report available to the Council. 14. That, staff is directed to prepare a 2016 Pay and Benefit Plan document incorporating the changes approved herein. ADOPTED this 22nd day of December, 2015. Mary Hamann- Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk :�0 ITEM: 4.U. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Personnel Report Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Approve the personnel report. SUMMARY: The employment actions attached to this memo are recommended for City Council Approval. BACKGROUND: The City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. BUDGET IMPACT: Budgeted positions. ATTACHMENTS: Personnel Report PERSONNEL REPORT City of Apple Valley December 22, 2015 Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Last Base Pay Pay Pay Date Name Name Action Position Status Dept. Rate Type Scale (on or about) Recreation Facility Lucas Aronson Hire Attendant Seasonal 1800 $ 9.00 Hourly A 12/18/2015 Full -Time, David Fry Hire Police Officer Regular 1200 $ 5,652.00 Monthly POLICE 12/30/2015 Recreation Facility Ben Garrity Hire Attendant Seasonal 1800 $ 9.00 Hourly A 12/18/2015 Part -Time, Joseph Heins Hire Liquor Store Clerk Regular 5090 $ 10.56 Hourly L -1 12/15/2015 Recreation Facility Jaylen Heller Hire Attendant Seasonal 1800 $ 9.00 Hourly A 12/18/2015 Recreation Facility Trevor Hestness Rehire Attendant Seasonal 1800 $ 9.00 Hourly A 12/28/2015 Recreation Facility Blake Hoeschen Hire Attendant Seasonal 1800 $ 9.00 Hourly A 12/28/2015 Recreation Facility Thomas Keating Hire Attendant Seasonal 1800 $ 9.00 Hourly A 12/28/2015 Accept Full -Time, Roy Kingsley Retirement Fire Marshal Regular 1300 12/29/2015 Recreation Facility Nicole Lewandowski Hire Attendant Seasonal 1800 $ 9.10 Hourly A 12/28/2015 Recreation Facility Jamie Meyers Rehire Attendant Seasonal 1800 $ 9.00 Hourly A 12/28/2015 Recreation Facility Colin Rotvold Hire Attendant Seasonal 1800 $ 9.00 Hourly A 12/28/2015 Part -Time, Kelsey Shaw Hire Facility Attendant Regular 1900 $ 9.54 Hourly A 12/28/2015 Recreation Facility Ethan Verdegan Rehire Attendant Seasonal 1800 $ 9.10 Hourly A 12/28/2015 Recreation Facility Melanie Wagner Rehire Attendant Seasonal 1800 $ 9.10 Hourly A 12/28/2015 Recreation Facility Daniel Wood Rehire Attendant Seasonal 1800 $ 9.00 Hourly A 12/28/2015 Recreation Facility Toni Wright Rehire Attendant Seasonal 1800 $ 9.10 Hourly A 12/28/2015 Recreation Facility Trevor Wright Hire Attendant Seasonal 5205 $ 9.00 Hourly A 12/28/2015 Recreation Facility Trevor Zangs Hire Attendant Seasonal 1800 $ 9.00 Hourly A 12/28/2015 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 :�0 ITEM: 4.V. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Consent Agenda Description: Approve Claims and Bills Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Approve claims and bills. SUMMARY: Attached for City Council review and approval are check registers for recent claims and bills. BACKGROUND: N/A BUDGET IMPACT: Check registers dated December 2, 2015, and December 9, 2015 in the amounts of $2,792,912.25, and $971,642.93, respectively. ATTACHMENTS: Claims and Bills Claims and Bills R55CKR2 LOuiS101 CITY OF APPLt VALLEY 121212015 15:15:21 Council Check Register by GL Page - 1 Council Check Register by Invoice & Summary 10726/2015- 12812015 Check # Date Amount Supplier I Expl PO # Doc No Inv No Account No Subledge Account Description Business Unit 10936 1214/2015 100101 ACE HARDWARE .22- DISCOUNT 280773 667481 1200.6333 GENERAL -CASH DISCOUNTS POLICE MANAGEMENT 219 REFLECTIVE NUMBERS 280773 667481 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 4.70- DISCOUNT 280786 667881 5325.6333 GENERAL -CASH DISCOUNTS WATER TREATMENT FCLTY MNTCIRPR 46,99 UTIL TORCH KIT 280786 667881 5325.6211 SMALL TOOLS & EQUIPMENT WATER TREATMENT FCLTY MNTCIRPR 3,50- DISCOUNT 280787 667901 5330.6333 GENERAL -CASH DISCOUNTS WTR MAINIHYDRANTICURB STOP MNT 34.97 UTIL PLIERS, WIRE STRIPPER, 280787 667901 5330.6211 SMALL TOOLS & EQUIPMENT WTR MAINIHYDRANTICURB STOP MNT 3.47- DISCOUNT 280772 667981 1300.6333 GENERAL -CASH DISCOUNTS FIRE MANAGEMENT 34.74 APPARATUS PARTS 280772 667981 1350.6215 EQUIPMENT -PARTS FIRE VEHICLE MAINTENANCE 1.52- DISCOUNT 280785 668121 5380.6333 GENERAL -CASH DISCOUNTS SEWER LIFT STN REPAIR & MNTC 15.18 HDWR 280785 668121 5380,6229 GENERALSUPPLIES SEWER LIFT STN REPAIR & MNTC 1.70- DISCOUNT 280774 668191 1600.6333 GENERAL -CASH DISCOUNTS STREET MANAGEMENT 16.99 WASH DOWN NOZZLE 280774 668191 1600.6229 GENERAL SUPPLIES STREET MANAGEMENT 1.40- DISCOUNT 280776 669221 1300.6333 GENERAL -CASH DISCOUNTS FIRE MANAGEMENT 13.99 VELCRO 280776 669221 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 148.54 10937 121412015 100037 APPLE VALLEY COLLISION INC 3,977.45 #20 RPR DAMAGE RT FRONT & SIDE 280762 39574 7205.6399 OTHER CHARGES INSURANCE CLAIMS 3,977.45 10936 1214/2015 142897 BOLTON & MENK, INC. 1.824.50 CONSULTANT SERVICES 260937 184374 2027,6235 2015103G CONSULTANT SERVICES ROAD ESCROW 4,620.50 CONSTRUCTION STAKING 260940 164375 4502.6810 2015141G CONSTRUCTION IN PROGRESS IMPROVEMENTS - ASSESSED 2,586.00 SITE AND BOUNDARY SURVEY 280936 184376 2027.6235 2015159G CONSULTANT SERVICES ROAD ESCROW 6,000.00 SITE AND BOUNDARY SURVEY 280935 184377 2027.6235 20151640 CONSULTANT SERVICES ROAD ESCROW 2,914.00 PRELIMINARY SURVEY 280934 184379 2027.6235 2016104G CONSULTANT SERVICES ROAD ESCROW 240.00 TREE STAKING 280895 184380 2027.6235 2013158G CONSULTANT SERVICES ROAD ESCROW 396,00 CONSULTANT SERVICES 280894 184381 2027.6235 2015117G CONSULTANT SERVICES ROAD ESCROW 18,581,00 10939 12/4/2015 101365 ECM PUBLISHERS INC 134.98 LEGALAD - REZONE LEASED HOUSI 280730 276419 4502.6239 201517OG PRINTING IMPROVEMENTS- ASSESSED 39.70 LEGALAD -AV SQUARD 2ND ADD. 280729 276420 4502.6239 2015169G PRINTING IMPROVEMENTS- ASSESSED 39.70 LEGALAD -AV BUS. CAMP LOT 280731 276421 4502.6239 2015171G PRINTING IMPROVEMENTS- ASSESSED 39.70 LEGALAD -AV BUS. CAMP. LOT 280754 276422 4502.6239 2015171G PRINTING IMPROVEMENTS - ASSESSED 39.70 LEGALAD -AV BUS CAMP.2NDAD 280755 276423 4502.6239 201517IG PRINTING IMPROVEMENTS - ASSESSED 39.70 LEGALAD -AV BUS CAMP2NDADD 280756 276424 4502.6239 2015171G PRINTING IMPROVEMENTS - ASSESSED 787.70 THANKSGIVING AD 280757 277047 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 1,121.18 R65CKR2 LOGIS101 52.50 CITY OF APPLE VALLEY 10946 12/4/2015 102103 M/A ASSOCIATES Council Check Register by GL Council Check Register by Invoice & Summary 280888 9417 1330.6211 SMALL TOOLS & EQUIPMENT 10126!2015- 12/7/2015 Check # Date Amount S upplier I Explanation PO # Doc No Inv No A ccount No S ubledger Account Description 10940 121412015 100491 GREATER TWIN CITIES UNITED WAY 55.50 Continued - -. 280806 81.50 CHARITABLE GIVING 280811 1201151604105 9000.2120 ACCRUED BENEFIT LIABILITY 61.50 10947 12/4/2015 100348 MTI DISTRIBUTING CO 10941 12/41201S 103314 INNOVATIVE OFFICE SOLUTIONS 79.51 PK FILTERS. MISC PTS 280714 144.73 OFFICE SUPPLIES 280878 IN0986889 1200.6210 OFFICE SUPPLIES 10.34 STIR OFFICE SUPPLIES 280695 IN0989911 1600.6210 OFFICE SUPPLIES 47.80 CLOCKS -AVSC 280879 IN0993301 1920.6229 GENERAL SUPPLIES 280742 14.62 LIQ1 OFFICE SUPPLIES 280767 IN0993302 5025.6210 OFFICE SUPPLIES 217.49 10942 12/412015 120821 INTEREUM 35.10 MISC OPEN OFFICE FURNITURE 280880 111523 1100.6210 OFFICE SUPPLIES 64.80 MISC OPEN OFFICE FURNITURE 280880 111523 1400.6210 OFFICE SUPPLIES 76.68 MISC OPEN OFFICE FURNITURE 280880 111523 1300.6211 SMALL TOOLS & EQUIPMENT 313.20 MISC OPEN OFFICE FURNITURE 280880 111523 4802.8210 OFFICE SUPPLIES 489.78 10943 12/4/2015 100279 LAW ENFORCEMENT LABOR SERVICES 423.00 SERGEANT ( #243) UNION DUES 280808 1201151604102 9000.2120 ACCRUED BENEFIT LIABILITY 1,833.00 POLICE ( #71) UNION DUES 280808 1201151604102 9000.2120 ACCRUED BENEFIT LIABILITY 2,256.00 10944 12/412015 100289 LOGIS 12!2!2015 15:15:21 Page- 2 Business Unit PAYROLL CLEARING BAL SHEET POLICE MANAGEMENT STREET MANAGEMENT SENIOR CENTER LIQUOR #1 OPERATIONS DEV MANAGEMENT INSPECTIONS MANAGEMENT FIRE MANAGEMENT CABLE CAPITAL EOUIPMENT PEG PAYROLL CLEARING BAL SHEET PAYROLL CLEARING BAL SHEET 52.50 NETWORK SVCS THRU 10/10/15 280740 4D890 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY FIRE OPERATIONS PAYROLL CLEARING BAL SHEET PARK EQUIPMENT MAINTENANCE PARK MAINTENANCE MANAGEMENT 52.50 10946 12/4/2015 102103 M/A ASSOCIATES 536.37 SQUEEGEES FOR STATIONS 280888 9417 1330.6211 SMALL TOOLS & EQUIPMENT 536.37 10946 12/412015 138249 MINNESOTA ENVIRONMENTAL FUND 55.50 CHARITABLE GIVING 280806 12011516041017 9000.2120 ACCRUED BENEFIT LIABILITY 5550 10947 12/4/2015 100348 MTI DISTRIBUTING CO 79.51 PK FILTERS. MISC PTS 280714 104457200 1765.6215 EQUIPMENT -PARTS 79.51 10948 12/4/2015 120496 NATURE CALLS INC 2.559.84 TOILETS - OCT RENTALS 280742 24416 1710.6310 RENTAL EXPENSE FIRE OPERATIONS PAYROLL CLEARING BAL SHEET PARK EQUIPMENT MAINTENANCE PARK MAINTENANCE MANAGEMENT R55CKR2 LOGiS101 TELEPHONE/PAGERS POLICE RECORDS UNIT CITY OF APPLE VALLEY TELEPHONEIPAGERS 12/2/2015 15:15:21 1300.6237 TELEPHONE/PAGERS 27.98- Council Check Register by GL 280745 Page - 3 199,95 POL WIRELESS DATA LINE -NOV Council Check Register by Invoice & Summary 289.76 CELL PHONES 280770 691466141110 461.73 10126!2015- 12/7/2015 DUES & SUBSCRIPTIONS PW ENGINEERING & TECHNICAL Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 10948 12/4/2015 120496 NATURE CALLS INC 180,00- CEAM ANNUAL MEMBERSHIP Continued... 20151118 21.59 GOLF USE TAX 280742 24416 5150.6310 RENTAL EXPENSE GOLF COURSE MAINTENANCE 314.00 TOILETS -OCT RENTALS 280742 24416 5150.6310 RENTALEXPENSE GOLF COURSE MAINTENANCE 21.59- CEAM ANNUAL MEMBERSHIP 280742 24416 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 10949 1214/2015 10950 1214/2016 266079 11126!2016 266080 1212/2015 266081 1212!2015 266082 12/212015 118834 OPEN YOUR HEART 137.50 CHARITABLE GIVING 280802 12011516041013 9000,2120 137.50 TELEPHONE/PAGERS POLICE RECORDS UNIT 1205.6237 TELEPHONEIPAGERS 121942 SPRINT 1300.6237 TELEPHONE/PAGERS 27.98- SALES CONCESSION ADJ -NOV 280745 254688814096 199,95 POL WIRELESS DATA LINE -NOV 280745 254688814096 289.76 CELL PHONES 280770 691466141110 461.73 1510.6280 DUES & SUBSCRIPTIONS PW ENGINEERING & TECHNICAL 1510.6280 138026 UNIVERSITY OF MINNESOTA PW ENGINEERING & TECHNICAL 1510.6275 915,00- CEAMANNUALMTG 280424 20151118 180,00- CEAM ANNUAL MEMBERSHIP 280424 20151118 6000 CEAM ANNUAL MEMB -SRAM 280424 20151118 60.00 CEAM ANNUAL MEMB - ANDERSON 280424 20151118 60.00 CEAM ANNUAL MEMB- BIBERDORF 280424 20151118 180.00 CEAM ANNUAL MEMBERSHIP 280424 20151118 915.00 CEAM ANNUAL MTG 280424 20151118 305.00 CONF OF CITY ENGINEERS -SAAM 280561 20151123 305.00 CONE OF CITY ENG- ANDERSON 280561 20151123 305.00 CONF OF CITY ENG- BIBERDORF 280561 20151123 1,095.00 101688 1ST LINE LEWEES VENTURES LLC 200.7 HAYES CONCESSION PRODUCT 260784 118487 200.75 103094 A PLUS ROOFING COMPANY 220.00 ST. MARY'S ROOF REPAIR 280753 330701 220.00 101231 ADVANCED GRAPHIX INC 243.00 K9 UNIT 920 DOOR DECAL INSTALL 280765 193486 243.00 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1205.6237 TELEPHONE/PAGERS POLICE RECORDS UNIT 1205.6237 TELEPHONEIPAGERS POLICE RECORDS UNIT 1300.6237 TELEPHONE/PAGERS FIRE MANAGEMENT 1510.6275 SCHOOLSICONFERENCESIEXP LOCAL PW ENGINEERING & TECHNICAL 1510.6280 DUES & SUBSCRIPTIONS PW ENGINEERING & TECHNICAL 1510.6280 DUES & SUBSCRIPTIONS PW ENGINEERING & TECHNICAL 1510.6280 DUES & SUBSCRIPTIONS PW ENGINEERING & TECHNICAL 1510.6280 DUES & SUBSCRIPTIONS PW ENGINEERING & TECHNICAL 1510.6280 DUES & SUBSCRIPTIONS PW ENGINEERING & TECHNICAL 1510.6275 SCHOOLS /CONFERENCESIEXP LOCAL PW ENGINEERING & TECHNICAL 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 5260.6540 TAXABLE MISC FOR RESALE ARENA 2 MANAGE MENT-HAYES 2092.6266 REPAIRS- BUILDING 14200 CEDAR AVE -OLD CITY HALL 7205.6399 OTHER CHARGES INSURANCE CLAIMS R55CKR2 LOGIS101 126174 ARTISAN BEER COMPANY CITY OF APPLE VALLEY Council Check Register by GL BEER #2 00047806 280818 Council Check Register by Invoice & Summary BEER LIQUOR 42 STOCK PURCHASES 1012612015- 12/7/2015 Check # Date Amount Sup plier / Explanation PO # Doc No Inv No Account No 266083 1212!2016 PURCHASES 148696 ALFERNESS, KURT BEER #2 00047806 280819 3065534 100.00 U REFUND 4563 141 ST ST W 280789 20151125A 5301.4997 1,365.85 100.00 00047806 280823 3065535 5085.6530 266084 121212015 LIQUOR #3 148697 AL'S COFFEE PURCHASES 235.00 BEER #3 00047806 322.50 HAYES CONCESSION COFFEE 280797 156213 5260.6540 STOCK 322.50 235.00 BEER #1 00047806 280816 266085 121212015 5015.6530 100036 APPLE VALLEY CHAMBER OF COMMERCE LIQUOR #1 STOCK PURCHASES 15.00 CHAMBER LUNCHEON- BERSTEIN 280749 18741 1700.6275 5055.6530 15.00 CHAMBER LUNCHEON - GOODWIN 280749 18741 1005.6275 BEER 43 15.00 CHAMBER LUNCHEON - HEDBERG 280749 18741 1035.6275 LIQUOR #3 15.00 CHAMBER LUNCHEON - LAWELL 280749 18741 1010.6275 280817 15.00 CHAMBER LUNCHEON - MAYOR 280749 18741 1005.6275 PURCHASES 15.00 CHAMBER LUNCHEON - NORDQUIST 280749 18741 1100.6275 15.00 CHAMBER LUNCHEON - SAAM 280749 18741 1500.6275 15.00 CHAMBER LUNCHEON - THOMPSON 280749 18741 1300.6275 120.00 266086 1212/2015 100039 APPLE VALLEY FORD 15.29 #05 REFLECTOR 280738 357535 1210.6215 41.98 #10 BRAKE PADS 280739 357583 1210,6215 57.27 266087 12/212015 100747 ARAMARK UNIFORM SERVICES INC 20.65 UNIFORM SERVICE 280768 1718353056 1710.6281 23.14 UNIFORM SERVICE 280768 1718353056 1530.6281 40.09 UNIFORM SERVICE 280768 1718353056 1600.6281 40.09 UNIFORM SERVICE 280768 1718353056 5305.6281 123.97 1212/2015 15:15:21 Page - 4 TAXABLE MISC FOR RESALE Busine Unit WATER & SEWER FUND REVENUE ARENA 2 MANAGEMENT-HAYES SCHOOLSICONFERENCESIEXP LOCAL PARK & RECREATION MANAGEMENT SCHOOLSICONFERENCESIEXP LOCAL MAYOR/CITY COUNCIL SCHOOLSICONFERENCESIEXP LOCAL FINANCE SCHOOLSICONFERENCESIEXP LOCAL ADMINISTRATION SCHOOLSICONFERENCESIEXP LOCAL MAYOR /CITY COUNCIL SCHOOLSICONFERENCESIEXP LOCAL DEV MANAGEMENT SCHOOLSICONFERENCESIEXP LOCAL PW MANAGEMENT SCHOOLSICONFERENCESIEXP LOCAL FIRE MANAGEMENT EQUIPMENT -PARTS POLICE FIELD OPERATIONS/PATROL EQUIPMENT -PARTS POLICE FIELD OPERATIONS/PATROL UNIFORMICLOTHING ALLOWANCE UNIFORM/CLOTHING ALLOWANCE UNIFORM/CLOTHING ALLOWANCE UNIFORM /CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT FLEET & BUILDINGS -CMF STREET MANAGEMENT WATER MGMTIREPORTIDATA ENTRY 266088 1212!2015 126174 ARTISAN BEER COMPANY 855.75 BEER #2 00047806 280818 3065532 5055. 6530 BEER LIQUOR 42 STOCK PURCHASES 717.50 BEER #3 00047806 280822 3065533 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 415.75 BEER #2 00047806 280819 3065534 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 1,365.85 BEER #3 00047806 280823 3065535 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 235.00 BEER #3 00047806 280824 3065855 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 235.00 BEER #1 00047806 280816 3065856 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 235.00 BEER #2 00047806 280820 3065857 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 188.80 BEER 43 00047806 280825 3066191 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 1,895.25 BEER #1 00047806 280817 3066826 5015.6530 BEER LIQUOR #1 STOP" PURCHASES Subledge A ccount Description Continued... WATERISEWER ACCT REFUNDS R55CKR2 LOGIS101 100.00 266090 12/212015 100609 ASPEN EQUIPMENT CO CITY OF APPLE VALLEY PLOW CUTTING EDGES 2BO728 10155535 1665.6215 EQUIPMENT-PARTS 127212015 15:15:21 WATER & SEWER FUND REVENUE 266091 12!2!2015 101318 AUTOMATIC SYSTEMS COMPANY 290,792.15 Council Check Register by GL 290,792.15 Page - 5 266092 121212015 100064 BAUER BUILT INC 266094 12/212015 Council Check Register by Invoice & Summary 10126!2015— 12!712015 COFFEE 280699 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 266088 121212015 126174 ARTISAN BEER COMPANY Continued... 100072 BRAUN INTERTEC CORPORATION 182.00 BEER #2 00047806 280821 3066827 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 3,103.00 3,120.14 BEER #3 00047806 280826 3066828 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 9,446.04 266089 121212016 266096 1212/2016 148697 ASHWORTH, JEANINE 121014 BUCKEYE CLEANING CENTER 77.00 UB REFUND 6440 157TH ST W 280790 20151125B 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 77.00 100.00 266090 12/212015 100609 ASPEN EQUIPMENT CO 176.00 PLOW CUTTING EDGES 2BO728 10155535 1665.6215 EQUIPMENT-PARTS 176.00 WATER & SEWER FUND REVENUE 266091 12!2!2015 101318 AUTOMATIC SYSTEMS COMPANY 290,792.15 ENG SERV -WTR TRMNT PLNT PMT #1 280827 296805 5325.6235 2012108W CONSULTANT SERVICES 290,792.15 266092 121212015 100064 BAUER BUILT INC STREET SNOW & ICE MATERIALS WATER TREATMENT FCLTY MNTCIRPR 535.54 TIRES FOR 363 280881 180178236 1630.6216 VEHICLES- TIRESIBATTERIES STREET EQUIPMENT MAINTENANCE 535.54 266093 12/212015 119561 BERGER, BETH 976.02 0.5% JPAADMIN FEE 280927 201500000001A 1600.6249 2015123R OTHER CONTRACTUAL SERVICES STREET MANAGEMENT 976.02 100.00 UB REFUND 13568 FLINT LN 280791 201511250 5301.4997 WATER /SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 100,00 266094 12/212015 109954 BERRY COFFEE COMPANY 128.50 COFFEE 280699 T28659 1250.6229 GENERAL SUPPLIES POLICE FACILITY 128.50 266095 12/2/2015 100072 BRAUN INTERTEC CORPORATION 3,103.00 MATERIALS TESTING 280939 B044655 4502.6235 2015141G CONSULTANT SERVICES IMPROVEMENTS- ASSESSED 3,103,00 266096 1212/2016 121014 BUCKEYE CLEANING CENTER 119.88 AVSACONCESSION SUPPLIES 280898 928432 5205.6239 PRINTING ARENA 1 MANAGEMENT 357.12 CLEANING SUPPLIE8IHAND SOAP 280933 929064 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 477.00 266097 12!2!2015 100082 BURNSVILLE, CITY OF 976.02 0.5% JPAADMIN FEE 280927 201500000001A 1600.6249 2015123R OTHER CONTRACTUAL SERVICES STREET MANAGEMENT 976.02 R55CKR2 LOGIS101 CITY OF APPLE VALLEY Council Check Register by GL Council Check Register by Invoice & Summary 1012612015- 1217/2015 Check # Date Amount Supplier 1 Explanation PO # Doc No Inv No Account No 266097 1212!2016 100082 BURNSVILLE, CITY OF 266098 12/2/2015 100089 CARQUEST 25.41 AIR FILTER 280724 1594255534 1630.6215 4.42 FUEL FILTER 280725 1594255537 1630.6215 2.34 #54 OIL FILTER 280723 1594256075 1210.6215 71.88 363 TRANS OIL 280764 1594256225 1630.6212 35.50 ELECTRICAL CONNECTORS 280737 1594256266 1530.6215 14.37 201 ELECTRICAL 280736 1594256384 1765.6215 153.92 266099 12/2/2015 100319 CENTERPOINT ENERGY 21.74 DELANEY PARK NOV 280707 55372148NOV15 1730.6256 21.74 HAGEMEISTER PK NOV 280708 56100324NOV15 1730.6256 51.90 L101 NOV 280711 56265598NOV15 5025.6256 39.97 TEEN CENTER NOV 280709 56281637NOV15 1730.6256 20.96 SWIM PARK NOV 280706 79512695NOV15 1940.6256 222.75 HCSC NOV 280710 79615332NOV15 1920,6256 1,097.45 GOLF NOV 280713 96338967NOV15 5110.6256 1,476.51 266100 121212015 101741 CENTERPOINT ENERGY 15.85 UTIL SAN LIFT 2 GEN NOV 280712 91747147NOV15 5380.6256 15.85 266101 1212!2015 100878 CHARTER COMMUNICATIONS 7.97 GABLE TV NOV 250931 835230604000020 1930.6237 8NOV15 39.60 CABLE TV FOR PD AND MC -NOV 280919 835230604016143 1060.6237 ONOV15 75.00 WIFI REDWOOD -NOV 280747 835230604053512 1930.6237 ONOV15 122.57 266102 12/2/2015 110648 CITY OF MINNEAPOLIS RECEIVABLES 23.40 APS TRANSACTIONS 280700 400413006443 1215.6249 23.40 266103 121212015 100314 COCA -COLA REFRESHMENTS USA, INC 317.76 HAYES CONCESSION PRODUCT 280945 136820407 5260.6540 317.76 AVSACONCESSION PRODUCT 280945 136820407 5205.6540 Subledger Account Description Continued... 1212/2015 15:15:21 Page- 6 EQUIPMENT -PARTS EQUIPMENT -PARTS EQUIPMENT -PARTS MOTOR FUELS/OILS EQUIPMENT -PARTS EOUIPMENT -PARTS UTILITIES- NATURAL GAS UTILITIES- NATURAL GAS UTILITIES - NATURAL GAS UTILITIES - NATURAL GAS UTILITIES - NATURAL GAS UTILITIES - NATURAL GAS UTILITIES- NATURAL GAS UTILITIES- NATURAL GAS TELEPHONEIPAGERS TELEPHONEWAGERS TELEPHONE/PAGERS Business Unit STREET EQUIPMENT MAINTENANCE STREET EQUIPMENT MAINTENANCE POLICE FIELD OPERATIONS/PATROL STREET EQUIPMENT MAINTENANCE FLEET & BUILDINGS -CMF PARK EQUIPMENT MAINTENANCE PARK BUILDING MAINTENANCE PARK BUILDING MAINTENANCE LIQUOR #1 OPERATIONS PARK BUILDING MAINTENANCE AQUATIC SWIM CENTER SENIOR CENTER GOLF CLUBHOUSE BUILDING SEWER LIFT STN REPAIR & MNTC REDWOOD POOL MUNICIPAL BLDG & GROUNDS MNTC REDWOOD POOL OTHER CONTRACTUAL SERVICES POLICE DETECTIVE UNIT TAXABLE MISC FOR RESALE ARENA MANAGEMENT -HAYES TAXABLE MISC FOR RESALE ARENA 1 MAN; ^ MENT R55CKR2 LOGIS101 CITY OF APPLC VALLEY 12/2/2015 15:15:21 Council Check Register by GL Page- 7 Council Check Register by Invoice & Summary 10126!2015— 1217/2015 Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 266103 12/2/2015 100314 COCA -COLA REFRESHMENTS USA, INC Continued... 635.52 266104 12!212015 142662 CONVENTION & VISITORS BUREAU 6,890.51 LODGING TAX -OCT 2015 280761 20151123 7005.6319 REIMBURSEMENT OF REV COLL FOR LODGING TAX 6,890,51 266105 12/2/2016 143589 CORDES, MICHAEL 89.97 UNIFORM- JEANS:M CORDES 280752 20151121 1600.6281 UNIFORM /CLOTHING ALLOWANCE STREET MANAGEMENT 69.97 266106 12/2/2015 148698 CREESE, ERIC 14.89 UB REFUND 14696 HAYES RD 280792 20151125D 5301.4997 WATERISEWERACCT REFUNDS WATER & SEWER FUND REVENUE 14.89 266107 12!2!2015 100434 DOUGHERTY MOLENDA SOLFEST HILLS & SAUER 25,300.00 POL LEGAL SERVICE -DEC 280780 66112721215 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 13,050.00 GEN LEGAL SERVICE -DEC 280781 66112731215 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 38, 350.00 266108 1212/2015 148699 EDWARDS, SANDY 18,56 UB REFUND 15575 FINCH AVE 280788 20151125E 5301.4997 WATERISEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 18.56 266109 121212015 101513 EXPLORER POST #571 364.00 FIRE EXPLORER POST DUES 280748 20151124 1300.6280 DUES & SUBSCRIPTIONS FIRE MANAGEMENT 364.00 266110 12/212015 100157 FACTORY MOTOR PARTS CO 21.43 #12 FUEL CAP 280722 14840434 1210.6215 EQUIPMENT -PARTS POLICE FIELD OPERATIONSIPATROL 21.43 266111 12/2/2015 100168 FERRELLGAS 121.72 FORKLIFT FUEL 280726 1089424821 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 121.72 266112 12/2/2015 100188 GACKSTETTER, PAMELA 125.90 FEB -NOV MILEAGE- GACKSTETTER 280696 20151103 1015.6277 MILEAGEIAUTOALLOWANCE CITY CLERK/ELECTIONS 125.90 266113 12!2!2015 137430 GEAR FOR SPORTS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/212015 15:15:21 Council Check Register by GL Page- 8 Council Check Register by Invoice & Summary 10!26!2015- 1217!2015 Check # Date Amount Supplier! Explanation PO # Doe No Inv No Account No Subledger Account Descrip Business Unit 266113 12!2!2016 137430 GEAR FOR SPORTS Continued... 8.50 GOLF FREIGHT 280732 41070290 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 56,00 SPECIAL ORDER 280732 41070290 5115.6413 GOLF - CAPS /HATS /CLOTHING GOLF PRO SHOP 64.50 266114 1212!2015 129789 GENERAL SECURITY SERVICES CORP 17,898.22 VIDEO CAMERA SOFTWARE 280783 333018 4002.6810 CONSTRUCTION IN PROGRESS CAPITAL BUILDINGS 12.96 ALARM MONITORING -DEC 280932 339463 1730.6249 OTHER CONTRACTUAL SERVICES PARK BUILDING MAINTENANCE 17,911.18 266115 1212/2015 144045 GMS INDUSTRIAL SUPPLIES, INC. - 9.38 -_ _9.38 SHOP SUPPLIES 280734 15911C 1530.6215 EQUIPMENT -PARTS FLEET & BUILDINGS -CMF 266116 1212/2015 100206 GOODWIN, THOMAS C 100.00 NLC CONE NASHVILLE- GOODWIN -SUB 280779 20151125 1005.6278 SUBSISTENCE ALLOWANCE MAYOR /CITY COUNCIL 1,847.40 NLC CONE NASHVILLE- GOODWIN 280779 20151125 1005.6276 SCHOOLSICON F ERE NCES/EXP OTHERMAYOR /CITY COUNCIL 1,947.40 266117 1212/2015 101431 HEALTH FUND, THE 145.00 CHARITABLE GIVING 280800 12D11516041011 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 145.00 266118 12/212015 101023 HEDBERG AGGREGATES 2.38- DISCOUNT 280899 12427 5505.6333 GENERAL -GASH DISCOUNTS STORM DRAIN MNTCIRPRISUMPS 119.06 STRAW BLANKETS -ZOO BLVD STORM 280899 12427 5505.6229 GENERAL SUPPLIES STORM DRAIN MNTCIRPRISUMPS 116.68 266119 12/212015 102847 HOWLAND'S IKON 104.00 JACKETS -CLEAN UP DAY EVENT 280938 150606 2042.6229 GENERAL SUPPLIES SOLID WASTE GRANT 52.00 UNIFORM- JACKETA CLAYTON 260889 150607 1710.6281 UNIFORM /CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 52.00 UNIFORM- JACKETC KOPESKY 280889 150607 1710.6281 UNIFORMICLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 208.00 266120 12/2/2015 122778 HURLEY, MARK S 119.96 UNIFORM- JEANS:M HURLEY 280915 20151118 1600.6281 UNIFORM /CLOTHING ALLOWANCE STREET MANAGEMENT 119.96 266121 12/2/2015 101796 INTERSTATE BATTERY SYSTEM OF MINNEAPOLIS 15.00 AT BATTERY CORE CHARGE 280887 220035415 1530.6216 VEHICLES - TIRES /BATTERIES FLEET & BUILDINGS -CMF 210.19 BATTERY 280887 220035415 1210.6216 VEHICLES - TIRES /BATTERIES POLICE FIELD �IERATIONS /PATROL R55CKR2 LOGIS101 CITY OF APPLc VALLEY 12/2/2015 15:15:21 Council Check Register by GL Page- 9 Council Check Register by Invoice R Summary 10!2612015— 1217/2015 Check # Date Amount Supplier 1 Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 266121 12!212015 101796 INTERSTATE BATTERY SYSTEM OF MINNEAPOLIS Continued... 219.86 BATTERY 280887 220035415 5390.6216 VEHICLE S-TIRESIBATTERIES SWR EQUIPIVEHICLE MISC MNTCIRP 445.G5 266122 12!2!2015 113594 JR'S ADVANCED RECYCLERS 97.65 ELECTRONICS DISPOSAL 280721 67987 1720.6240 CLEANING SERVICEIGARBAGE REMOVPARK GROUNDS MAINTENANCE 97.65 266123 12/2/2015 141814 JTK DISTRIBUTORS 465.00 CIGARS 280758 111715 5115.6417 GOLF- CIGARS GOLF PRO SHOP 465.00 266124 1212/2015 146701 KEISER, BRENDA 124.73 UB REFUND 14307 EMBRY PATH 280793 20151125G 5301.4997 WATERISEWER ACCT REFUNDS WATER 8 SEWER FUND REVENUE 124.73 266126 121212015 143536 KIDCREATE STUDIO 27.00 THANKSGIVING CRAFT PARTY 280777 5683 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT FROG GENERAL 27.00 266126 1212/2015 100970 LEAGUE OF MN CITIES 40.00 LMC METRO CITIES MTG- GOODWIN 280750 223565 1005.6275 SCHOOLSICONFERENCESIEXP LOCAL MAYORICITY COUNCIL 40,00 266127 12/2/2015 143612 LINE 1 PARTNERS INC 675.20 CABLING INSTALLATION 280751 17689 1030.6725 CAPITAL OUTLAY - OFFICE EQUIP INFORMATION TECHNOLOGY 675.20 266128 12!2!2015 138342 MANSFIELD OIL COMPANY 8,048.13 3000GAL NOLEAD (FIXED) 280886 971624 1000,1520 INVENTORY-UNLEADED FUEL GENERAL FUND BALANCE SHEET 4,644,03 3000GAL NOLEAD (SPOT) 280885 975932 1000.1520 INVENTORY - UNLEADED FUEL GENERAL FUND BALANCE SHEET 12,692.16 266129 121212015 137425 MARSCHALL, STEPHANIE 19.55 ELECTION TRAINING 280917 20151116 1015.6275 SCHOOLSICONFERENCES /EXP LOCAL CITY CLERK/ELECTIONS 19.55 266130 121212015 100299 MASTER ELECTRIC CO 318.05 WELL 5 WIRED BATTERY CHARGER 280733 SD12798 5320.6265 REPAIRS- EQUIPMENT WATER WELL /BOOSTER STN MNT /RPR 897.90 HAGEMEISTER TENNIS CRT LIGHT 280744 SD12800 1745.6265 REPAIRS - EQUIPMENT PARK CRTIGAME AREA MAINTENANCE 886.45 NORDIC BOOSTER GEN BATT CHRGR 280759 SD12802 5330.6265 REPAIRS - EQUIPMENT WTR MAINIHYDRANTICURB STOP MNT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1212/2015 15 15 21 Council Check Register by GL Page - 10 Council Check Register by Invoice & Summary 10/26/2015- 12/7/2015 Check # Date Amount Supplier f Explanation PO # Doc No Inv No A ccount No Subledger Account Description Business Unit 266130 121212015 100299 MASTER ELECTRIC CO Continued... 796.99 RPR LOT LIGHT & INSTALL RECEPT 280883 SD12816 1060.6266 REPAIRS - BUILDING MUNICIPAL BLDG & GROUNDS MNTC 669.80 REPAIR AIR COMPRESSOR 280743 SD12817 1765.6265 REPAIRS - EQUIPMENT PARK EQUIPMENT MAINTENANCE 389.11 VANDALISM LIGHT REPAIR 280715 SD12835 1771.6265 REPAIRS- EQUIPMENT VANDALISM REPAIRS 807.09 GENERATOR /RPL SENSING BOARD 280682 SD12836 1060.6266 REPAIRS - BUILDING MUNICIPAL BLDG & GROUNDS MNTG 104.12 LOCATES FOR IRRIGATION REPAIR 280716 SD12839 1715.6265 REPAIRS - EQUIPMENT PARKATHLFTIG FIELD MAINTENANC - 190.00 BALLASTS FOR LIGHTS AVSC 280877 SD12839 1920.6215 EQUIPMENT -PARTS SENIOR CENTER 5,059.51 266131 1212!2015 102231 MELLEMA, DOUG 175.00 SANTA WORK AGREEMENTS 280778 20151125 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT PROG GENERAL 175.00 266132 1212/2015 100309 MENARDS 31.00 PAINT SUPPLIES FOR CONCESSION 260718 85685 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 23.63 CMF BULBS, CLEANERS 280727 85886 1540.6229 GENERAL SUPPLIES CMF BUILDINGS & GROUNDS MNTC 8.37- RETURN PAINT 280719 85887 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 94.62 AC GUARDS 280705 85918 53B0.6229 GENERAL SUPPLIES SEWER LIFT STN REPAIR & MNTC 25.26 X -MAS TREE HARDWARE 280763 85983 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG & GROUNDS MNTC 30.41 PK MISC BOARDS 260914 86140 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 35.60 PK LAWN & LEAF RAGS 280913 86164 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 49.84 LEAVE RAGS 280876 86254 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 9.30 PK GALV GOMP PROF SPRAY 280912 86468 1715.6229 GENERAL SUPPLIES PARKATHLETIC FIELD MAINTENANC 291.29 266133 12!2!2015 100849 METRO VOLLEYBALL OFFICIALS ASSN 171.00 VB OFFICIALS 11 -17 -15 280929 4846 1860.6235 CONSULTANT SERVICES REC VOLLEYBALL 114.00 VB OFFICIALS 11 -24 -15 280930 4854 1860.6235 CONSULTANT SERVICES REC VOLLEYBALL 285.00 266134 12/212015 143898 MN BUREAU OF CRIMINAL APPREHENSION 75.00 DMT REFRESHER - ERICKSON 280704 27176 1225.6275 SCHOOLS /CONFERENCESIEXP LOCAL POLICE TRAINING 75.00 DMT REFRESHER PLANTZ 280703 27182 1225.6275 SCHOOLSICONFERENCESIEXP LOCAL POLICE TRAINING 75.00 DMT REFRESHER FOR SODERHOLM 280702 27167 1225.6275 SCHOOLS /CONFERENCES /EXP LOCAL POLICE TRAINING 75.00 DMT REFRESHER ROGERS 280701 33728 1225.6275 SCHOOLS /CONFERENCES /EXP LOCAL POLICE TRAINING 300.00 266135 12/212015 114686 MN POLLUTION CONTROL AGENCY 45. 00 R DINGMAN CERT -CLASS SB 280769 20151117 5365.6280 DUES & SUBSCRIPTIONS SEWER MGMT /REPORTS /DATA ENTRY 45.00 R55CKR2 Li AS101 CITY OF APPLC VALLEY 12!212015 15:15:21 Council Check Register by GL Page- 11 Council Check Register by Invoice & Summary 10126!2015- 12812015 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 266136 1212/2015 148126 MUSKIE MAIDEN LURES Continued... 120.00 NOTAX #1 00051957 280949 105 5015.6545 NON- TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 120.00 266137 12/2/2015 100995 NAPA AUTO PARTS 5.90- SHOP MNTC - CREDIT 273990 605202 5145.6211 SMALL TOOLS & EQUIPMENT GOLF SHOP BUILDING MAINTENANCE 105.98 AUGER CHAINS FOR TV145 280775 620780 1765.6215 EQUIPMENT -PARTS PARK EQUIPMENT MAINTENANCE 100.08 266138 12/2/2015 127905 OFFICE OF WIT SERVICES 54.94 LANGUAGE LINE -OCT 280698 W15100707 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 54.94 266139 121212015 110967 O'REILLY AUTOMOTIVE INC .49- SHOP DICSOUNT 280735 3245197576 1530.6333 GENERAL -CASH DISCOUNTS FLEET & BUILDINGS -CMF 24.98 SHOP SUPPLIES 280735 3245197576 1530.6215 EQUIPMENT -PARTS FLEET & BUILDINGS -CMF 24.49 266140 1212!2015 143336 PREMIER LOCATING INC 458.00 GSOC LOCATES ELEC11.1 TO 11 -15 280760 38075 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 458.00 266141 12/212015 100856 RASCALS CATERING .49- CNCL SALES TAX ADJUST 280916 20151124 1005.6275 SCHOOLSICONFERENCESIEXP LOCAL MAYOR/CITY COUNCIL .49 CNCL SALES TAX ADJUST 280916 20151124 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SKEET 206.75 TREE LIGHTING COOKIES 280916 20151124 1005.6275 SCHOOLSICONFERENCESIEXP LOCAL MAYOR/CITY COUNCIL 206.75 266142 12/212015 148593 RIFFS SMOKEHOUSE 105.60 AVSA CONCESSION PRODUCT 280896 145 5205.6540 TAXABLE MISC FOR RESALE ARENA 1 MANAGEMENT 105.60 HAYES CONCESSION PRODUCT 280897 148 5260.6540 TAXABLE MISC FOR RESALE ARENA 2 MANAGE MENT-HAYES 211.20 266143 121212015 100165 RIVER COUNTRY COOPERATIVE 936.68 B67 GAL PROPANE 280941 606 5145.6257 UTILITIES -PRO PAN EIWATERISEWER GOLF SHOP BUILDING MAINTENANCE 936.68 266144 12!212015 100042 ROTARY CLUB OF APPLE VALLEY 50.00 CLUB DUES 280918 1144 1010.6280 DUES & SUBSCRIPTIONS ADMINISTRATION 137.50 CLUB MEALS 280918 1144 1010.6275 SCHOOLSCONFERENCESIEXP LOCAL ADMINISTRATION 187.50 R55CKR2 LOGIS101 CITY OF APPLE VALLEY Council Check Register by GL Council Check Register by Invoice & Summary 10126!2015- 12/7/2015 Check # Date Amount Supplie Expl anation PO # Doc No Inv No Account No 266144 12/2/2015 100042 ROTARY CLUB OF APPLE VALLEY l 266145 1212!2015 148702 RUFF, DAVID 18.31 UB REFUND 125 OAKWOOD RD 280794 20151125H 5301.4997 18.31 12/212015 15:15:21 Page - 12 Busin Unit WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 266146 121212016 132465 SAM'S CLUB DIRECT .24- WELLNESS SALES TAX ADJUST 280947 2160 7203.6398 LIFE SNACKS CITY WELLNESS PROGRAM .24 WELLNESS SALES TAX ADJUST 280947 2160 7200.2330 DUE TO OTHER GOVERNMENT RISK MGMTIINSUR BALANCE SHEET 477.23 LIFE SNACK REFILL 280947 2160 7203.6398 LIFE SNACKS CITY WELLNESS PROGRAM 19.56 GOLF- KITCHEN SUPPLIES 280942 2422 5120.6422 GOLF - KITCHEN SUPPLIES GOLF KITCHEN 48.76 GOLF- KITCHEN FOOD 289942 2422 5120.6420 GOLF -FOOD GOLF KITCHEN 70.02 GOLF COFFEE, MISC FOR MAINT 280944 2650A 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 59.98 ROLLING STOOL 250925 4320661963 1510.6211 SMALL TOOLS & EQUIPMENT PW ENGINEERING & TECHNICAL 172.98 4 PK STACKING CHAIRS 280926 4320771113 1510,6211 SMALL TOOLS & EQUIPMENT PW ENGINEERING & TECHNICAL .70- CITY WELLNESS SALES TAX ADJ 280946 520 7204.6399 OTHER CHARGES GRANT- ACTIVE WORKPLACES .70 CITY WELLNESS SALES TAX ADJ 280946 520 7200.2330 DUE TO OTHER GOVERNMENT RISK MGMTIINSUR BALANCE SHEET 117.86 ACTIVE WORKPLACES -LIFE FAIR 280946 520 7204.6399 OTHER CHARGES GRANT - ACTIVE WORKPLACES 67.34 FRUIT FOR ROTARY 280943 5831 5120.6420 GOLF -FOOD GOLF KITCHEN 136.40 FOOD FOR MOMISON DAY OF FUN 280921 5847 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 40.05 BOWLING BANQUET SUPPLIES AVSC 280924 8159A 1920.6229 GENERAL SUPPLIES SENIOR CENTER 49.96 FOLDING TABLE 280923 845 1530.6211 SMALL TOOLS & EQUIPMENT FLEET & BUILDINGS -CMF 10.41 FOOD FOR MOMISON EVENT 280822 9303 1845.6229 GENERALSUPPLIES REC SELF SUPPORT FROG GENERAL 9 CMF SAFETY CHILI CHALLENGE 280920 9914 1020,6399 OTHER CHARGES HUMAN RESOURCES 1,363.36 266147 121212016 119199 SHEPPARD, TINAA 80.00 FALL ADULT PAINTING 6 280910 20151125 1845.6249 OTHER CONTRACTUAL SERVICES REG SELF SUPPORT PROG GENERAL 80.00 266148 121212015 148190 SHULMAN, ELENA 160.50 CODE NOV MILEAGE- SHULMAN 260746 20151116 1013.6277 MILEAGEIAUTOALLOWANCE CODE ENFORCEMENT 160.50 266149 121212015 100447 SOUTH RIVER HEATING & COOLING INC 544.00 FURNACE REPAIR GALAXIE PK 280928 1517065 1730.6266 REPAIRS - BUILDING PARK BUILDING MAINTENANCE 544.00 266150 12/2/2015 113400 STANKOSKI, DAVID L 87.97 UNIFORM- JEANS:D STANKOSKI 280782 20151121 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 87.97 Subledge Account D escription Continued... R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1212/2015 15:15:21 Council Check Register by GL Page- 13 Council Check Register by Invoice & Summary 1012612015- 12/712015 Check # Date Amount Supplier 1 Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 266150 12/2/2015 113400 STANKOSKI, DAVID L Continued... 266151 1212/2015 110524 STAPLES ADVANTAGE 299.00 STAPLES ADVANTAGE PROGRAM 250697 8036797015 1035.6210 OFFICE SUPPLIES FINANCE 299.00 266152 12/2/2015 138492 STEPSTONE GROUP 258.37 RETIREMENT BASEBALL HATS 280771 11033 1300.6229 GENERAL SUPPLIES FIRE MANAGEMENT 258.37 266163 1212/2015 100475 TOTAL TOOL 458.60 TOOLS FOR AF SHOP 280741 1135291 1715.6211 SMALL TOOLS & EQUIPMENT PARKATHLETIC FIELD MAINTENANC 458.60 266164 1212/2015 100481 TRI -STATE BOBCAT INC 201.43 347 HEAT VALVE 280766 P51756 1630.6215 EQUIPMENT -PARTS STREET EQUIPMENT MAINTENANCE 201.43 266155 121212015 100489 UNIFORMS UNLIMITED 192.93 UNIFORMS- NELSON 280890 105941 1205.6281 UNIFORMICLOTHING ALLOWANCE POLICE RECORDS UNIT 44.95 UNIFORMS -GROVE 280891 106071 1205.6281 UNIFORMICLOTHING ALLOWANCE POLICE RECORDS UNIT 133.98 UNIFORMS- NELSON 280893 108821 1205.6281 UNIFORMICLOTHING ALLOWANCE POLICE RECORDS UNIT 39.99 UNIFORMS -GROVE 280892 108841 1205.6281 UNIFORMICLOTHING ALLOWANCE POLICE RECORDS UNIT 411.85 266156 1212/2015 123638 VARITECH INDUSTRIES INC 551.07 PLOW TRUCKIBRINE TANK VALVES 280884 IN0601006228 1630.6215 EQUIPMENT -PARTS STREET EQUIPMENT MAINTENANCE 551.07 266157 12/212015 100504 VOSS LIGHTING 292.80 FLOURESCENT LIGHTS 280717 1527563700 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 292.80 266158 121212015 146960 WARNACUTT, CAROL 10.22 UB REFUND 228 LINDEN DR 280795 201511251 5301.4997 WATERISEWERACCT REFUNDS WATER & SEWER FUND REVENUE 10.22 266159 12/2/2015 117062 WEISS, TODD R 39.10 MILAGE -NOV -WEISS 280911 20151130 1700.6277 MILEAGE /AUTO ALLOWANCE PARK & RECREATION MANAGEMENT 39.10 R55CKR2 LOGIS101 CITY OF APPLE VALLEY Council Check Register by GL Council Check Register by Invoice & Summary 1012612015- 12/712015 Check # Date Amount Supplier! Explanation PO # Doe No Inv No Account No 266160 12/212016 142204 WERNER IMPLEMENT Co., INC 13.00 OIL FILTER 280720 62989 1765.6215 13.00 266161 12/2/2015 100296 WIRTZ BEVERAGE MIN - BEER INC 30.00- CMBEER #2 00000105 280852 1090474884 5055.6530 2,409,50 BEER #2 00000105 280852 1090474884 5055.6530 4,606,80 BEER #1 00000105 280829 1090476460 5015.6530 123.00 BEER #1 00000105 280831 1090477361 5015,6530 2,342.60 BEER #1 00000105 280832 1090477362 5015,6530 2,324.35 BEER #2 00000105 280853 1090477940 5055.6530 4,923.40 BEER #3 00000105 280866 1090478135 5085.6530 30.00- CMBEER #1 00000105 280833 1090478932 5015.6530 51.50 TAX #1 00000105 280833 1090478932 5015.6540 4,231.90 BEER #1 00000105 280833 1090478932 5015.6530 30.00- CMBEER #1 00000105 280834 1090480225 5015.6530 5.194.20 BEER #1 00000105 280834 10904B0225 5015.6530 35.20- CMBEER #2 00000105 280854 1090480539 5055.6530 23.80 TAX #2 00000105 280854 1090480539 5055.6540 4,170,00 BEER #2 00000105 280854 1090480539 5055.6530 2,343.80 BEER #3 00000105 280867 1090481058 5085.6530 90.00- CMBEER #1 00000105 280835 1090481781 5015,6530 23.80 TAX #1 00000105 280835 1090481781 5015,6540 3,625.90 BEER #1 00000105 280835 1090481781 5015.6530 1,879.80 BEER #1 00000105 280836 1090483137 5015.6530 1,021.45 BEER #2 00000105 280857 109048319 5055.6530 5,865.20 BFFR 43 00000105 280869 1090484551 5085.6530 5,065.10 BEER #1 00000105 280839 1090484792 5015.6530 162.00 BEER #1 00000105 280840 1090484793 5015.6530 1,768.00 BEER #1 00000105 280841 1090485990 5015.6530 22.20- CMBEER #2 00000105 280859 1090486268 5055.6530 23.10 TAX #2 00000105 280859 1090486268 5055.6540 2,489.65 BEER #2 00000105 280859 1090486268 5055.6530 4,789.50 BEER #3 00000105 280870 1090486814 5085.6530 105.10- CMBEER #1 00000105 280843 1090487454 5015.6530 3,271.50 BEER #1 00000105 280843 1090487454 5015.6530 149.00 BEER #1 00000105 280844 1090487973 5015.6530 1,685.75 BEER #1 00000105 280845 1090488811 5015.6530 1,462.80 BEER #2 00000105 280860 1090489018 5055.6530 50.80 TAX #3 00000105 280871 1090489624 5085.6540 4,102.50 BEER #3 00000105 280871 1090489624 5085.6530 Subledger Account Description Continued... EQUIPMENT -PARTS BEER BEER BEER BEER BEER BEER BEER BEER TAXABLE MISC FOR RESALE BEER BEER BEER BEER TAXABLE MISC FOR RESALE BEER BEER BEER TAXABLE MISC FOR RESALE BEER BEER BEER BEER BEER BEER BEER BEER TAXABLE MISC FOR RESALE BEER BEER BEER BEER BEER BEER BEER TAXABLE MISC FOR RESALE BEER 1212/2015 1515:21 Page- 14 PARK EQUIPMENT MAINTENANCE LIQUOR #2 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 ST PURCHASES R55CKR2 LOuiS101 CITY OF APPLE VALLEY 12/2/2015 15:15:21 Council Check Register by GL Council Check Register by Invoice & Summary 1012612015 - 12/712015 Page - 15 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 266161 12/2/2016 100296 WIRTZ BEVERAGE MIN - BEER INC Continued... 55.00 NOTAX #1 00000105 280846 1090490773 5015.6545 NON - TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 2,240.40 BEER #1 00000105 280846 1090490773 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 162.00 8EER #1 00000105 280847 1090490774 5015.6530 BEER LIQUOR 91 STOCK PURCHASES 120.00- CMBEER #1 00000105 280848 1090491661 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 2,997.10 BEER #1 00000105 280848 1090491661 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 30.00- CMBEER #2 00000105 280862 1090491966 5055,6530 BEER LIQUOR #2 STOCK PURCHASES 3,269.80 BEER #2 00000105 280862 1090491966 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 237.50- CMBEER #3 00000105 280872 1090492652 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 23,10 TAX #3 00000105 280872 1090492652 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 4,924,30 BEER #3 00000105 280872 1090492652 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 30.00- CMBEER #1 00000105 280849 1090493147 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 27.70 TAX #1 00000105 280849 1090493147 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 4,070.35 BEER #1 00000105 280849 1090493147 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 2,338.25 BEER #3 00000105 280864 109475891 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 2710- CMBEER #2 00000105 280855 11309 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 12.21- CMBEER #1 00000105 280837 12856 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 45.90- CMBEER #1 00000105 280838 12874 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 40.47- CMBEER #2 00000105 280858 13329 5055,6530 BEER LIQUOR #2 STOCK PURCHASES 71.02- CMBEER #3 00000105 280865 13335 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 64.69- CMBEER #1 00000105 280828 13345 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 35.95- CMBEER #2 00000105 280850 R09111551 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 116.00- CMBEER #2 00000105 2BOB51 R09112397 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 17.60- CMBEER #3 00000105 280863 R09112498 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 75.10- CMBEER #1 00000105 260830 R09112678 5015,6530 BEER LIQUOR #1 STOCK PURCHASES 16.80- CMBEER #2 00000105 280856 R09114096 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 156.80- BEER #3 00000105 280948 R09115076 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 16.00- CMBEER #1 00000105 280842 R09116146 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 172.80- CMBEER #2 00000105 260861 R09117494 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 88,659.66 266162 12/212016 148703 YENISH, PAUL 51.03 UB REFUND 6729 158TH ST W 280796 20151125J 5301.4997 WATERISEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 51.03 20151043 1012612015 100873 HEALTH PARTNERS {DENTAL CLAIMS -EFT} 3,799.48 DENTAL CLAIMS 10115 - 10/21115 280901 20151021 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,799.48 20151135 111212015 100873 HEALTHPARTNERS (DENTAL CLAIMS -EFT) 3,644.88 DENTAL CLAIMS 10/22- 10/28/15 280902 20151028 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/212015 15:15:21 Council Check Register by GL Page- 16 Council Check Register by Invoice & Summary 16/2612015— 12/7/2015 Check # Date Amount Supplier l Explanation PO # Doc No Inv No Account No Subledger Account Descnption Business Unit 20151135 11/212015 100873 HEALTHPARTNERS (DENTAL CLAIMS -EFT) Continued... 3,644.88 20161136 11/912015 100873 HEALTHPARTNERS (DENTAL CLAIMS -EFT) 3,352.76 DENTAL CLAIMS 10/29- 11/4115 280903 20151404 7105,6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,352.76 20151137 11/16/2015 100873 HEALTHPARTNERS (DENTAL CLAIMS -EFT) 3 DENTAL CLAIMS 11151 - 11111115 280904 20151111 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,079.53 20151138 11/23/2015 100873 HEALTHPARTNERS (DENTAL CLAIMS -EFT) 5,381.34 DENTAL CLAIMS 11112 - 11118115 280905 20151118 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 5,381.34 20151139 11/2512015 135249 NORTHLAND TRUST SERVICES, INC. 7,800.00 INT GO IMPROV REF BOND 2008 280873 APVLYOSB1201201 3287.7015 DEBT SERVICE - INTEREST REF BOND OF 2008, $2,415,000 5 390,000.00 PRINC GO IMPROV REF BOND 2008 280873 APVLY0881201201 3287.6910 BOND PRINCIPAL REF BOND OF 2008, $2,415,000 5 17,775.00 INT GO REF ROAD BOND 2009A 280874 APVLY09Al201201 3307.7015 DEBT SERVICE- INTEREST REF BONDS OF 2009, $2,775,000 5 595,000.00 PRINC GO REF ROAD BOND 2009A 280874 APVLY09Al201261 3307.6910 BOND PRINCIPAL REF BONDS OF 2009, $2,775,000 5 13,187.50 INT GO REF BOND 2010A 280900 APVLYlOAl201201 3322.7015 DEBT SERVICE- INTEREST BONDS OF 2004, $4,325.000 5 270,OOD.60 PRINC GO REF BOND 2010A 280900 APVLY10Al201201 3322.6910 BOND PRINCIPAL BONDS OF 2004, $4,325,000 5 3,250.00 INT GO REF BOND 2010A 280900 APVLYlOAl201201 3332.7015 DEBT SERVICE - INTEREST BONDS OF 2006, $5,785,000 5 325,000.00 PRINC GO REF BOND 2010A 286966 APVLY10Al201201 3332.6910 BOND PRINCIPAL BONDS OF 2006, $5,785,000 5 1,150.00 INT GO REF BOND 2010A 280900 APVLYlOAl201201 3337.7015 DEBT SERVICE - INTEREST EQUIP CERT OF 2006, $860,000 5 115,000.00 PRINC GO REF BOND 2010A 280900 APVLYlOAl201201 3337.6910 BOND PRINCIPAL EQUIP CERT OF 2006, $860,000 5 13,892.13 INT LIQ REV REF 2015A 280875 APVLY15Al201201 5032.7015 DEBT SERVICE- INTEREST LIQ #3 REV BOND 2008, $3,295 5 200,000.00 PRINC LIQ REV REF 2015A 280875 APVLY15Al201201 5032.6910 BOND PRINCIPAL LIQ #3 REV BOND 2008, $3,295 5 1,952,054.63 R55CKR2 LOGIS101 MN DCP -PLAN #650251 CITY OF APPLE VALLEY 12011516041018 9000,2120 ACCRUED BENEFIT LIABILITY Council Check Register by GL 1,185.00 Council Check Register by Invoice & Summary 1012612015— 12/7/2015 101238 MINNESOTA CHILD SUPPORT Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No SubledgeT Account Description 20151139 11125!2015 CHILD SUPPORT DEDUCTION 135249 NORTHLAND TRUST SERVICES, INC. Continued.,. 20151201 121112015 ACCRUED BENEFIT LIABILITY 100873 HEALTH PARTNERS (DENTAL CLAIMS -EFT) 500,00 CHILD SUPPORT DEDUCTION 6,063.01 DENTAL CLAIMS 11119-11/25/15 280906 20151125 7105.6146 DENTAL INSURANCE ACCRUED BENEFIT LIABILITY 6,063.01 459.50 CHILD SUPPORT DEDUCTION 20151202 12/1/2015 1201151604108 101671 MN DEPT OF REVENUE ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 36.45 DIESEL TAX -PARKS 280909 20151201 1765.6212 MOTOR FUELSIOILS 1201151604109 360.52 DIESEL TAX-STREETS 280909 20151201 1630.6212 MOTOR FUELSIOILS 1,263.68 8.10 DIESEL TAX -WATER 280909 20151201 5345.6212 MOTOR FUELSIOILS 73.16 DIESEL TAX -SEWER 280909 20151201 5390.6212 MOTOR FUELSIOILS 100392 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 478.23 20151203 1211/2015 EMPLOYEE SHARE PERA 129553 US BANK 1201151604103 12!212015 1515:21 Page - 17 Business Unit INSURANCE TRUST DENTAL PARK EQUIPMENT MAINTENANCE STREET EQUIPMENT MAINTENANCE WATER EQUIPNEHICLEIMISC MNTC SWR EQUIPNEHICLE MISC MNTCIRP 104.21 HSAADJUSTED EMPLOYER CONT 280907 20151201 9000.2125 ACCRUED HSAIHRA BENEFIT PAYROLL CLEARING SAL SHEET 104.21 20151204 121112015 142967 US BANK 288.34 HRA EMPLOYER FUNDING 280908 20151201 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING SAL SHEET 288.34 20151205 121412015 148015 EMPOWER 1,185,00 MN DCP -PLAN #650251 280807 12011516041018 9000,2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,185.00 20151206 12/4/2016 101238 MINNESOTA CHILD SUPPORT PAYMENT CENTER 154.68 CHILD SUPPORT DEDUCTION 280799 12011516041010 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 500,00 CHILD SUPPORT DEDUCTION 280813 1201151604107 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 459.50 CHILD SUPPORT DEDUCTION 280814 1201151604108 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 169.50 CHILD SUPPORT DEDUCTION 280815 1201151604109 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,263.68 20151207 12/4/2015 100392 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 45,575.23 EMPLOYEE SHARE PERA 280809 1201151604103 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 59,889.94 CITY SHARE PERA 280809 1201151604103 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 105,465.17 20161208 12/4/2015 129553 US BANK 3,022.29 HSA EMPLOYEE FUNDING 280804 12011516041015 9000.2125 ACCRUED HSAIHRABENEFIT PAYROLL CLEARING BAL SHEET 3,022.29 R55CKR2 LOGIS101 12011516041012 9000.2111 CITY OF APPLE VALLEY 12011516041012 9000.2111 280801 Council Check Register by GL 9000.2111 280801 Council Check Register by Invoice & Summary 9000.2111 280801 12011516041012 10126/2015— 12/712015 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 20151208 1214/2015 100455 AFFINITY PLUS FEDERAL CREDIT UNION 1,631.09 EMPLOYEE DEDUCTIONS 280810 1201151604104 9000.2120 1,631.09 20151210 12/412015 129576 US BANK 47.13 SERGEANT PEHRA FUNDING- ANNUAL 280805 12011516041016 9000.2120 263.91 SERGEANT PEHRA FUNDING -GROSS W 280805 12011516041016 9000.2120 998.90 POLICE PEHRA FUNDING - ANNUAL LE 280805 12011516041016 9000.2120 1,208.75 POLICE PEHRA FUNDING -GROSS WAG 280805 12011516041016 9000.2120 2,518.69 20151211 12/412015 100240 VANTAGEPOINT TRANSFER AGENTS - 457 FT 27,350.35 ICMA - PLAN #901171 280798 1201151604101 9000.2120 27,350.35 20151212 12/4/2015 126469 VANTAGEPOINT TRANSFER AGENTS -ROTH 910.00 ROTH IRA -PLA #705481 280803 12011516041014 9000.2120 910.00 20161213 12/712015 8,053.18 8,053.18 22,661.89 22,661.89 60,894.38 122,324.52 20151214 1217/2015 24,122.52 24,122.52 102664 ANCHOR BANK EMPLOYEE MEDICARE CITY SHARE MEDICARE EMPLOYEE FICA CITY SHARE FICA FEDERAL TAXES PR 100657 MN DEPT OF REVENUE STATE TAX WITHHOLDING 280801 12011516041012 9000.2111 280801 12011516041012 9000.2111 280801 12011516041012 9000.2111 280801 12011516041012 9000.2111 280801 12011516041012 9000.2111 280812 1201151604106 9000.2112 1212/2015 15:15:21 Page - 18 ACCRUED BENEFIT LIABILITY ACCRUED BENEFIT LIABILITY ACCRUED BENEFIT LIABILITY ACCRUED BENEFIT LIABILITY Business Unit PAYROLL CLEARING SAL SHEET PAYROLL CLEARING SAL SHEET PAYROLL CLEARING SAL SHEET PAYROLL CLEARING SAL SHEET PAYROLL CLEARING SAL SHEET ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET ACCRUED FEDERAL/FICA ACCRUED FEDERALIFICA ACCRUED FEDERALIFICA ACCRUED FEDERALIFICA ACCRUED FEDERAL/FICA PAYROLL CLEARING SAL SHEET PAYROLL CLEARING SAL SHEET PAYROLL CLEARING SAL SHEET PAYROLL CLEARING BAL SHEET PAYROLL CLEARING SAL SHEET ACCRUED STATE W/H 2,792,912.25 Grand Total Payment Instrument Totals `� Ch ecks 493,782.64 I o, I o� l+1 / EFT Payments 2,268,059.72 111 d _ 14 ('51 A/P ACH Payment 31.069.89 It Subledge Account Description Continued... ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET Total Payments 2.792.912.25 Subledge Account Description Continued... ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET R55CKS2 LOGIS100 Note. Payment amount may not reflect the actual amount due to data sequencing andlor data selection. Compan Amount 01000 GENERAL FUND 73,057.37 02025 ROAD ESCROW FUND 13,960.50 02040 SOLID WASTE GRANT 104.00 02090 14200 CEDAR AVE -OLD CITY HALL 220.00 03285 REF GO BOND 2008, $2,415,000 397,800.00 03305 STAID RD REF 2009,$2,775,000 612,775.00 03320 GO IMP BOND 2004, $4,325,000 283,187.50 03330 GO IMP BOND 2008, $5,785,000 328,250.00 03335 EQ CERT 2006, $860,000 116,150.00 04000 CAPITAL BUILDING FUND 17,898.22 04500 CONSTRUCTION PROJECTS 8,056.98 04800 CABLE CAPITAL EQUIP -PEG FUND 313.20 05000 LIQUOR FUND 99,079.92 05030 LIQ REV BOND 2008, $3,295,000 213.892.13 05100 GOLF FUND 3,099.00 05200 ARENAFUND 1,489.85 05300 WATER & SEWER FUND 293,095.49 05500 STORM DRAINAGE UTILITY FUND 116.68 05800 STREET LIGHT UTIL FUND 458.00 07000 LODGING TAX FUND 6,890.51 07100 INSURANCE TRUST DENTAL FUND 25,321.00 07200 RISK MANAGEMENT/INSURANCE FUND 4,815.54 09000 PAYROLL CLEARING FUND 292,881.36 CITY OF APPLE VALLEY Council Check Summary 10/26/2015 - 12/712015 121212015 15:15:27 Page - 1 Report Totals 2,792,912.25 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/912015 15:50:44 Council Check Register by GL Page - 1 Council Cheek Register by Invoice & Summary 1113012015- 12/1112015 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 10951 12!11!2016 145130 1 CLEAN CONSCIENCE 1,350,00 ST MARY'S NOV. CLEANING 281282 11 2092.6240 CLEANING SERVICEIGARBAGE 14200 CEDAR AVE -OLD CITY HALL 1,350.00 10952 12111!2016 101557 AAA CREDIT SCREENING SVCS LLC 50.00 CREDIT CHECKS -NOV 281011 90915 1200.6249 OTHER CONTRACTUAL SERVICES POLICE MANAGEMENT 50.00 10953 12/11/2015 100101 ACE HARDWARE 50.97 NOZZLE$ FOR WASHBAY 281364 668491 1630.6229 GENERAL SUPPLIES 50,97- WASHBAY NOZZLE RETURNS 281363 668851 1630.6229 GENERAL SUPPLIES ,35- DISCOUNT 281378 669361 5320.6333 GENERAL -CASH DISCOUNTS 3,49 UTIL ROOF CEMENT 281376 669361 5320.6229 GENERAL SUPPLIES ,40- DISCOUNT 281379 669891 5345.6333 GENERAL -CASH DISCOUNTS 3.99 UTILVEHICLEAIR FRESHENERS 281379 669891 5345.6229 GENERALSUPPLIES 4,50- DISCOUNT 281365 670131 1630.6333 GENERAL -CASH DISCOUNTS 44.97 NOZZLES FOR WASHBAY 281365 670131 1630.6229 GENERAL SUPPLIES .70- DISCOUNT 281366 670471 1900,6333 GENERAL -CASH DISCOUNTS 6.99 LOCK FOR LYNDELL FREY'S DESK 281366 670471 1900.6229 GENERAL SUPPLIES 1.40- DISCOUNT 281380 670531 5310.6333 GENERAL -CASH DISCOUNTS 16.98 MISC SMALL TOOLS 281380 670531 5310.6211 SMALL TOOLS & EQUIPMENT 69.07 10954 12!11!2016 147357 BNG TECHNOLOGIES, LLC EQUIPMENT -PARTS 3.44 GOLF USE TAX 281042 CW13584 5110.6249 OTHER CONTRACTUAL SERVICES GOLF CLUBHOUSE BUILDING 250.00 POS SVC AGREEMENT -DEC 281042 CW13584 5110.6249 OTHER CONTRACTUAL SERVICES GOLF CLUBHOUSE BUILDING 3.44- 281042 CW13584 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 10956 1211112015 142897 BOLTON & MENK, INC. 9,340.00 PRELIMINARY SURVEY 280969 184378 9,340.00 10956 12111/2015 100071 BOYER TRUCKS 82,35 EXHAUST 344 281373 1015534 82.35 10957 12111/2016 100828 BREUER,SCOTTA 13.22 MILFAGE- NOV- BREUER 281010 20151130 13.22 2027.6235 2016104G CONSULTANT SERVICES 1630.6215 1700.6277 STREET EQUIPMENT MAINTENANCE STREET EQUIPMENT MAINTENANCE WATER WELLIBOOSTER STN MNTIRPR WATER WELUBOOSTER STN MNTIRPR WATER EQUIPIVEHICLE/MISC MNTC WATER EQUIPNEHICLEIMISC MNTC STREET EQUIPMENT MAINTENANCE STREET EQUIPMENT MAINTENANCE AV COMMUNITY CENTER AV COMMUNITY CENTER WATER METER RPR /REPLACE /READNC WATER METER RPRIREPLACEIREADNC ROAD ESCROW STREET EQUIPMENT MAINTENANCE MILEAGEIAUTOALLOWANCE PARK & RECREATION MANAGEMENT R55CKR2 LOGIS101 103.92- FIRE DISCOUNT 280989 CITY OF APPLE VALLEY 1330.6333 GENERAL -CASH DISCOUNTS FIRE OPERATIONS 10,392.00 Council Check Register by GL 280969 9054 1330.6281 UNIFORMICLOTHING ALLOWANCE Council Check Register by Invoice & Summary 3.84- FIRE DISCOUNT 280968 9055 1300.6333 1113012015 - 12111/2015 FIRE MANAGEMENT Check # Date Amount Supplier 1 Explanation PO # Doc No Inv No Account No Subledge Account Description 10968 12/11/2016 UNIFORMICLOTHING ALLOWANCE 101365 ECM PUBLISHERS INC 10,668.24 Continued... 134.98 LEGALAD - FARQUAR WARNING 281071 278569 1015.6239 PRINTING 301.72 LEGAL AD - ALIMAGNET WARNING 281072 278570 1015.6239 PRINTING 134.98 LEGALAD - REZONE HOUSING 281073 278571 1015.5239 PRINTING 1020,6275 27.79 LEGALAD - FEE SCHEDULE 281070 278572 1015.6239 PRINTING 71.46 LEGAL AD -VALLEY COMM. 1 ST AD 281400 280934 4902.6239 PRINTING 103314 INNOVATIVE OFFICE SOLUTIONS 670,93 10969 12/1112015 19.78 114009 FIRE EQUIPMENT SPECIALTIES INC 280984 IN0993300 1100,6210 12/9/2015 15.50'44 Page - 2 Business Unit CITY CLERK/ELECTIONS CITY CLERK /ELECTIONS CITY CLERK/ELECTIONS CITY Ct_FRKfFLFC71QNS PHYSICAL IMPROVEMENTS ESCROW 103.92- FIRE DISCOUNT 280989 9054 1330.6333 GENERAL -CASH DISCOUNTS FIRE OPERATIONS 10,392.00 GEAR-MILLB RNTKAR N K,HAHN, KELL R 280969 9054 1330.6281 UNIFORMICLOTHING ALLOWANCE FIRE OPERATIONS 3.84- FIRE DISCOUNT 280968 9055 1300.6333 GENERAL -CASH DISCOUNTS FIRE MANAGEMENT 38 4.00 PPE SUSPENDERS 280988 9055 1330.6281 UNIFORMICLOTHING ALLOWANCE FIRE OPERATIONS 10,668.24 10960 1211112015 120961 HAAS, MELISSA L 173.06 M HAAS CONE MILEAGE AUG -NOV 280986 20151113 1020,6275 SCHOOLSICONFERENCESIEXP LOCAL HUMAN RESOURCES 173.06 10961 12/1112015 103314 INNOVATIVE OFFICE SOLUTIONS 19.78 CALENDARS FOR BRUCE N 280984 IN0993300 1100,6210 OFFICE SUPPLIES DEV MANAGEMENT 184,84 CALENDARS FOR STAFF 280984 IN0993300 1035.6210 OFFICE SUPPLIES FINANCE .59 LIQ USE TAX 280984 IN0993300 5005.6210 OFFICE SUPPLIES LIQUOR GENERAL OPERATIONS 8.62 LIQ CALENDAR SWANSON 2BO984 IN0993300 5005.6210 OFFICE SUPPLIES LIQUOR GENERAL OPERATIONS .59- 250984 ING993300 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 88.31 OFFICE SUPPLIES 2B1019 IN0998192 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 301.55 10962 12/1112015 100348 MTI DISTRIBUTING CO 227.01 GOLF TIE ROD ASM 261040 104478400 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 110.47 GOLF BALL BEARINGS, BUSHINGS 261286 104530700 5155.6215 EQUIPMENT -PARTS GOLF EQUIPMENT MAINTENANCE 337.48 10963 12111/2015 120171 MTM RECOGNITION 115.98 3RD QTR MTM RECOGNITION GIFTS 260950 5806371 1025.6399 OTHER CHARGES EMPLOYEE RECOGNITION PARTY 115.98 10964 12111/2015 103014 PADGETT, MARCIE D 60.35 NOV. 2015 MILEAGE- PADGETT 281065 20151130 1700.6277 MILEAGE/AUTO ALLOWANCE PARK & RECREATION MANAGEMENT 60.35 R55CKR2 LOGIS101 71.00 TSCHIDA- BDU TOP 281060 CITY OF APPLE VALLEY 1272.6281 UNIFORMICLOTHING ALLOWANCE POLICE DAK CTY MAAG TEAM 71.00 Council Check Register by GL 10969 1211112015 Council Check Register by Invoice & Summary -4 1113012015 - 12111/2015 HVAC - SPORT COURT GYM Check. # Date Amount Supplier I Explanation PO # Doc No Inv No Account No Subledger Account Description 10965 12111/2015 100395 R & R SPECIALTIES OF WISCONSIN INC Continued... 266163 12/7/2015 5 4.00 HAYES 2AM BLADE SHARPENING 281043 5B5661N 5270.6265 REPAIRS- EQUIPMENT 54.00 ENTERTAINMENT SR HOLIDAY PARTY 281015 20151125 1920.6249 10966 12/1112015 100716 SIRC HIE FINGERPRINT LABORATORIES INC 319.87 SUPPLIES FOR EVIDENCE ROOM, 281014 0230338IN 1200.6229 GENERAL SUPPLIES 56.69 ENVELOPES FOR EVIDENCE ROOM. 281013 220424IN 1200.6229 GENERAL SUPPLIES HAYES CONCESSION PRODUCT 280973 376.56 5260.6540 TAXABLE MISC FOR RESALE ARENA 2 MANAGEMENT -HAYES 10967 1211112015 280974 118481 STONEBROOKE EQUIPMENT 5205.6540 TAXABLE MISC FOR RESALE ARENA 1 MANAGEMENT 353.50 313.61 PICKUP PLOW PARTS 281297 37299 1630.6215 EQUIPMENT -PARTS ARENA 2 MANAGEMENT -HAYES 297.83 PICKUP PLOW PARTS 281297 37299 5345.6215 EQUIPMENT -PARTS TAXABLE MISC FOR RESALE ARENA 1 MANAGEMENT 611.44 2,298.15 10968 12/11/2016 100457 STREICHERS INC 138493 ALAN EDEL OIL SERVICE INC 1219!2015 15:50:44 Page- 3 Business Unit ARENA 2 EQUIPMENT MAINT -HAYES POLICE MANAGEMENT POLICE MANAGEMENT STREET EQUIPMENT MAINTENANCE WATER EQUIPNEHICLEIMISC MNTC 862.50 266166 1219/2015 100968 ALPHA VIDEO & AUDIO INC 1,413.00 REPLACE OLD UPS 281076 INV95883 2012.6740 CAPITAL OUTLAY- MACHIEQ /OTHER CABLE TV JOINT POWERS 1,415.00 71.00 TSCHIDA- BDU TOP 281060 11180063 1272.6281 UNIFORMICLOTHING ALLOWANCE POLICE DAK CTY MAAG TEAM 71.00 10969 1211112015 118830 UHL COMPANY, INC. -4 479.50 HVAC - SPORT COURT GYM 281036 39463 1900.6266 REPAIRS- BUILDING AV COMMUNITY CENTER 479.50 266163 12/7/2015 148708 KYLE E TENNIS, LLC 500.0 ENTERTAINMENT SR HOLIDAY PARTY 281015 20151125 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 500.00 266164 12/9/2015 101688 1ST LINE LEWEES VENTURES LLC 925.25 HAYES CONCESSION PRODUCT 280973 118591 5260.6540 TAXABLE MISC FOR RESALE ARENA 2 MANAGEMENT -HAYES 650.35 AVSA CONCESSION PRODUCT 280974 118592 5205.6540 TAXABLE MISC FOR RESALE ARENA 1 MANAGEMENT 353.50 HAYES CONCESSION PRODUCT 281289 118723 5260.6540 TAXABLE MISC FOR RESALE ARENA 2 MANAGEMENT -HAYES 369.05 AVSACONCESSION PRODUCT 281288 118724 5205.6540 TAXABLE MISC FOR RESALE ARENA 1 MANAGEMENT 2,298.15 266165 12/9/2015 138493 ALAN EDEL OIL SERVICE INC 250.00 FLOORDRY 281396 4718 1540.6229 GENERAL SUPPLIES CMF BUILDINGS & GROUNDS MNTC 612.50 RECYCLE FLOORDRY 281396 4718 1540.6240 CLEANING SERVICEIGARBAGE REMOVCMF BUILDINGS & GROUNDS MNTC 862.50 266166 1219/2015 100968 ALPHA VIDEO & AUDIO INC 1,413.00 REPLACE OLD UPS 281076 INV95883 2012.6740 CAPITAL OUTLAY- MACHIEQ /OTHER CABLE TV JOINT POWERS 1,415.00 R55CKR2 LOGIS101 UNIFORM SERVICE 280975 CITY OF APPLE VALLEY 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 23,14 UNIFORM SERVICE Council Check Register by GL 1718357683 1530,6281 UNIFORM /CLOTHING ALLOWANCE FLEET & BUILDINGS -CMF Council Check Register by Invoice & Summary 280975 1718357683 1600.6281 UNIFORM /CLOTHING ALLOWANCE STREET MANAGEMENT 1113012015— 12/11/2015 UNIFORM SERVICE Check # Date Amount Supplier! Explanation PO # Doc No Inv No Ac count No Subledge Account Description 266166 1219/2015 100968 ALPHA VIDEO & AUDIO INC Continued... 266167 1219/2015 116949 ALS FAN BALANCING SERVICES LLC 320.00 WELL BALANCE MOTOR 280976 4426 5320.6265 REPAIRS - EQUIPMENT 320.00 266168 121912015 100039 APPLE VALLEY FORD 41.98 946 BRAKE PADS 280951 357866 1210.6215 EQUIPMENT -PARTS 459.35 #19 DRIVERS DOOR PANEL 281394 358012 1210.6215 FQUIPMENT PARTS 501.33 266169 121912015 100747 ARAMARK UNIFORM SERVICES INC 12!9!2015 15:50:44 Page - 4 Business Unit WATER WELL/BOOSTER STN MNTfRPR POLICE FIELD OPERATIONS/PATROL POLICE FIELD OPERATIONS/PATROL 20.65 UNIFORM SERVICE 280975 1718357683 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 23,14 UNIFORM SERVICE 280975 1718357683 1530,6281 UNIFORM /CLOTHING ALLOWANCE FLEET & BUILDINGS -CMF 40.09 UNIFORM SERVICE 280975 1718357683 1600.6281 UNIFORM /CLOTHING ALLOWANCE STREET MANAGEMENT 40 09 UNIFORM SERVICE 280975 1718357683 5305.6281 UNIFORM /CLOTHING ALLOWANCE WATER MGMTIREPORTIDATA ENTRY 123.97 266170 12/9/2015 100609 ASPEN EQUIPMENT CO 5,947.00 9340 FRONT PLOW 281399 10156480 2007.6730 CAPITAL OUTLAY - TRANSPORTATION LGAIEQUIP CERTIFICATES 5,947. DD 266171 121912015 148718 BARON, CINDY 10.51 UB REFUND 15862 GRIFFON PATH 281049 20151202A 5301.4997 WATERISEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 10.51 266172 121912015 100054 BAUER BUILT INC 1,321.72 PLOW TRUCK TIRES 281395 180178778 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 1,321.72 266173 121912015 148719 BERG, LOIS 1 18.50 UB REFUND 14441 EMERALD PATH 281050 201512026 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 18.50 266174 12/9/2015 144003 BERNSTEIN, BARRY 101.20 MILEAGE - NOV- BERNSTEIN 281067 20151125 1700.6277 MILEAGEIAUTOALLOWANCE PARK & RECREATION MANAGEMENT 101.20 266175 12/9/2015 109954 BERRY COFFEE COMPANY 283.25 CH COFFEE 281074 T28614 1060.6229 GENERAL SUPPLIES 283.25 MUNICIPAL BLDG & GROUNDS MNTC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12!9!2015 15:50:44 Council Check Register by GL Page- 5 Council Check Register by Invoice & Summary 1113012015- 12111/2015 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 266175 121912015 109964 BERRY COFFEE COMPANY Continued... 266176 12/9/2015 121014 BUCKEYE CLEANING CENTER 553.10 AVSA CLEANING SUPPLIES 280972 929309 5210.6229 GENERALSUPPLIES ARENA I BUILDING MAINTENANCE 553.10 266177 121912015 100089 CARQUEST 3.30 FILTER 946 280952 1594256704 1210.6215 EQUIPMENT -PARTS POLICE FIELD OPERATIONS/PATROL 8.11 4980 FILTER 280953 1594256771 1350.6215 EQUIPMENT -PARTS FIRE VEHICLE MAINTENANCE 10.20 #340 SWITCH 281387 1594256842 1630.6215 EQUIPMENT -PARTS STREET EQUIPMENT MAINTENANCE 25.81 HEAD LIGHT PLUG & HEAD LT BULB 280954 1594256857 1210.6215 EQUIPMENT -PARTS POLICE FIELD OPERATIONSIPATROL 18.98 INDICATOR LIGHTS 281386 1594256882 1630.6215 EQUIPMENT -PARTS STREET EQUIPMENT MAINTENANCE 6.96 FUSES 281385 1594257085 1630.6215 EQUIPMENT -PARTS STREET EQUIPMENT MAINTENANCE 43.64 LIGHT BULBS 281384 1594257086 1630.6215 EQUIPMENT -PARTS STREET EQUIPMENT MAINTENANCE 15.19 #15 HEAD LIGHT RECONDITIONER 281382 1594257404 1210.6215 EQUIPMENT -PARTS POLICE FIELD OPERATIONS/PATROL 3.30 #44 OIL FILTER 281383 1594257410 1210.6215 EQUIPMENT -PARTS POLICE FIELD OPERATIONS/PATROL 135.51 266178 12/912015 100319 CENTERPOINT ENERGY 105.09 REDWOOD NOV 280982 55612972NOV15 1930.6256 UTILITIES - NATURAL GAS REDWOOD POOL 1,037.25 AVCC NOV 280980 5568629SNOV15 1900.6256 UTILITIES- NATURAL GAS AV COMMUNITY CENTER 221.76 FIRE STN 1 NOV 280981 55888184NOVI5 1340.6256 UTILITIES- NATURAL GAS FIRE BLDG & GROUNDS MNTC 1,364.10 266179 12/912015 103470 CENTURY COLLEGE 395.00 FIRE OFFICER 1- DERAAS 261027 20151204 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 395.00 FIRE OFFICER 1- PURVES 261027 20151204 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 790,00 266180 121912015 100878 CHARTER COMMUNICATIONS 20.62 IA1 CABLE TV-DEC 281290 835230604010513 5205.6237 TELEPHONE/PAGERS ARENA 1 MANAGEMENT ONOV15 20.62 266181 121912015 101368 CHEMSEARCH 11.43- SHOP SALES TAX ADJUST 280955 2124090 1530.6215 EQUIPMENT -PARTS FLEET & BUILDINGS -CMF 11.43 SHOP SALES TAXADJUST 280955 2124090 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 177.67 SHOP SUPPLIES 280955 2124090 1530.6215 EQUIPMENT PARTS FLEET & BUILDINGS -CMF 177.67 266182 1219/2015 120022 COBBLESTONE LAKE MASTER ASSOCIATION R55CKR2 LOGIS101 CITY OF APPLE VALLEY Council Check Register by GL Council Check Register by Invoice & Summary 11/30/2015 - 12/1112015 Gheck # Date Amount Supplier I Explanation PO # Doc No Inv No Account No 266182 12!9!2016 120022 COBBLESTONE LAKE MASTER ASSOCIATION 1,700.00 COBBLESTONE MAINTENANCE 281077 62879DEC15 5095.6310 19,611.26 COB BEAST WATER CHARGES 2014 -15 281061 80719DEC15 1720,6257 21.311.26 12/912015 15:50:44 Page - 6 Subledger Account Description Business Unit Continued... RENTAL EXPENSE LIQUOR #3 OPERATIONS UTILITIES- PROPANEIWATER /SEWER PARK GROUNDS MAINTENANCE 266183 121912015 100114 CUB FOODS 44.23 GALAXIEIFOUNDER LN SPRINKLER 281003 88.01 SUPPLIES FOR TREE LIGHTING 281273 201511201314 1005.6229 GENERAL SUPPLIES MAYOR/CITY COUNCIL 10.99 TREE LIGHTING 281025 201511231241 1005.6229 GENERAL SUPPLIES MAYOR /CITY COUNCIL 22.33 WATER FOR MTGS, KITCHEN BAGS 281025 201511231241 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG & GROUNDS MNTC .57- CNCL SALES TAX ADJUST 281024 201511241642 1005.6229 GENERAL SUPPLIES MAYORICITY COUNCIL .57 CNCL SALES TAX ADJUST 281024 201611241642 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 8.57 TREELIGHTING - NAPKINS 281024 201511241642 1005.6229 GENERALSUPPLIES MAYORICITY COUNCIL 129.90 266184 121912015 100129 DAKOTA AWARDS & ENGRAVING 34.00 PAR BOARD AND TAGS 280956 14687 1330.6281 UNIFORMICLOTHINGALLOWANCE FIRE OPERATIONS 34.00 266185 12!912015 100123 DAKOTA COUNTY FINANCIAL SERVICES 11,211.77 DC REDWOOD TRAIL PRPGRESS PAYM 281402 18499 11,211.77 2027.6810 2015113G CONSTRUCTION IN PROGRESS ROAD ESCROW 266186 12/912015 100128 DAKOTA ELECTRIC ASSOCIATION 44.23 GALAXIEIFOUNDER LN SPRINKLER 281003 207997 138.35 LIFT STN STRM SWR GALAXIE 281003 207997 31,47 FOUNDERSIGALAXIE SIGNAL 281003 207997 352.13 15281 FOUNDERS BLVD LIGHTS 281003 207997 566.18 266187 12!912015 100137 DELEGARD TOOL CO 111.90 REPAIR IMPACT WRENCH 280961 49059 19,68 FLUKE TEST LEADS 281276 55347 131.58 1610.6255 5505.6255 5805.6545 5805.6545 1530.6211 1530.6211 266188 121912015 100976 DICK'S LAKEVILLE SANITATION INC 100.00 DUMPSTER RENTAL 281045 DT0001292154 5375.6240 100.00 266189 12/9/2015 100434 DOUGHERTY MOLENDA SOLF EST HILLS & BAUER 53.40 VEHICLE FORFEITUREP03 HOND AC 281134 151164 2062.6231 16.00 AV GENERAL CRIMINAL -RECHT 281139 151346 1055.6231 UTILITIES- ELECTRIC STREETIBOULEVARD REPAIR & MNTC UTILITIES - ELECTRIC STORM DRAIN MNTCIRPRISUMPS NON - TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND NON - TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND SMALL TOOLS & EQUIPMENT FLEET & BUILDINGS -CMF SMALL TOOLS & EQUIPMENT FLEET & BUILDINGS -CMF CLEANING SERVICEIGARBAGE REMOVSEWER MAINTENANCE AND REPAIR LEGAL SERVICES POLICE CRIME LEGAL SERVICES LEGAL PROSECUTING ATTORNEY R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12!9!2015 15:50:44 Council Check Register by GL Page- 7 Council Check Register by Invoice & Summary 1113012015 - 12/11/2015 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Accoun No Subledger Account Description Business Unit 266189 1219/2016 100434 DOUGHERTY MOLENDA SOLFEST HILLS & SAUER Continued... 2,929.00 157TH STACQUISIG. RECHTZIGEL 281135 151542 3262.6231 2013149G LEGAL SERVICES TIF DOWNTOWN REDEVELOPMENT 116,00 157TH STACQUISIQUARRY PONDS 281136 151543 3262.6231 2013149G LEGAL SERVICES TIF DOWNTOWN REDEVELOPMENT 22.30 AV EAST FAMILY 2ND ADDITION 281137 151544 4502.6231 2013154G LEGAL SERVICES IMPROVEMENTS- ASSESSED 319.00 AT &T REVIEW -CMF -CROWN CASTLE 281138 151545 1050.6231 20053032 LEGAL SERVICES LEGAL GENERAL SERVICES 86.20 CODE VIOLATION -RECHT & RENTAL 281121 151546 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 892.00 COBBLESTONE LAKE 7TH ADDN 281122 151547 4502.6231 201513BG LEGAL SERVICES IMPROVEMENTS- ASSESSED 1,671.85 CODE VIOLATION S-RECHT 281123 151548 1050,6231 LEGAL SERVICES LEGAL GENERAL SERVICES 601.50 CODE VIOLATI ON S-EN DRES 281124 151548 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 1,264.80 CODE VIOLATION S-MISC 281125 151548 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 133.80 CORTLAND 4TH 281126 151549 4502.6231 2015141G LEGAL SERVICES IMPROVEMENTS- ASSESSED 2,550.00 DATA PRACTICES REQ- CROWLEY 281127 151550 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 14.50 FISCHER REGISTER LAND 281128 151551 1050.6231 2014125G LEGAL SERVICES LEGAL GENERAL SERVICES 72.50 CENTRAL VILLAGEIPARKING LOT 281129 151552 4502.6231 2015158G LEGAL SERVICES IMPROVEMENTS- ASSESSED 981.20 KARAMELLAADDN 281130 151553 4502.6231 2015157G LEGAL SERVICES IMPROVEMENTS - ASSESSED 116.00 LEGACY OF AV 7TH ADDIREMINGTON 281131 151554 4502,6231 2015162G LEGAL SERVICES IMPROVEMENTS- ASSESSED 848.00 EASEMENTIMET COUNCIL 281132 151555 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 493,00 MONUMENT SIGNSIGRDVWASSN 281133 151556 1050.6231 2013152G LEGAL SERVICES LEGAL GENERAL SERVICES 66.90 VILLAGE POINT PLAZA 281106 151557 4502.6231 2015152G LEGAL SERVICES IMPROVEMENTS- ASSESSED 223.00 PARKSIDE VILLAGE (IMH) 281107 151558 4719.6231 201215OG LEGAL SERVICES LEGACY -IMH 377.00 PLATTING OF QUARRY POINT PARK 281108 151559 4502.6231 2016159G LEGAL SERVICES IMPROVEMENTS- ASSESSED 406.00 HOLYOKE DRAINAGE IMPROV 281109 151560 5552.6231 2012149D LEGAL SERVICES STORM IMPROV NOT ASSESSED 66.90 QUARRY PONDS -ARCON LAND II 281110 151561 4502.6231 2013149G LEGAL SERVICES IMPROVEMENTS - ASSESSED 66.90 QUARRY PONDS WEST 281112 151563 4502.6231 2014133G LEGAL SERVICES IMPROVEMENTS - ASSESSED 66.90 SPRINT - PALOMINO 281113 151564 1050.6231 20053016 LEGAL SERVICES LEGAL GENERAL SERVICES 261.00 SPRINTANTENNA LEASE - PALOMINO 281114 151565 1050.6231 20053016 LEGAL SERVICES LEGAL GENERAL SERVICES 602.10 SPRINTINEXTEL ANTENNA LEASE-CM 281115 151566 1050.6231 20053004 LEGAL SERVICES LEGAL GENERAL SERVICES 43.50 T- MOBILE ANTENNA LEASE - HAGEMEI 281116 151567 1050.6231 20053005 LEGAL SERVICES LEGAL GENERAL SERVICES 870,00 TIF DISTRICTS - GENERAL -TAX FORF 281117 151568 3262.6231 20091205 LEGAL SERVICES TIF DOWNTOWN REDEVELOPMENT 26.70 VEHICLE FORFEITUREIN.L. 12007 S 281118 151569 2062.6231 LEGAL SERVICES POLICE CRIME 334.50 VERIZON ANTENNA LEASE - QUARRY P 281119 151570 1050,6231 20053031 LEGAL SERVICES LEGAL GENERAL SERVICES 130.50 VERIZON ANTENNA LEASE-PALOMINO 281120 151571 1050.6231 20053014 LEGAL SERVICES LEGAL GENERAL SERVICES 178.40 VERIZON ANTENNA LEASE-PALOMINO 281103 151572 1050.6231 20053014 LEGAL SERVICES LEGAL GENERAL SERVICES 289.90 VILLAGE OF FOUNDERS CIRCLE 2ND 281104 151573 4502.6231 2015156G LEGAL SERVICES IMPROVEMENTS - ASSESSED 203.00 LAWSUIT -CAR ACCIDENT 281105 151574 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 245.30 QUARRY PONDS 2ND 281111 151652 4502.6231 2015152G LEGAL SERVICES IMPROVEMENTS - ASSESSED 17,639.55 266190 1219!2015 100148 DPC INDUSTRIES INC 448.00 2000 LBS CHLORINE 280999 82700187615 5325.6214 CHEMICALS WATER TREATMENT FCLTY MNTCIRPR 448.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12!9!2015 15',50:44 Council Check Register by GL Page- 8 Council Check Register by Invoice & Summary 1113012015 — 12/11/2015 Check # Date Am ount Supplier I Explanation PO # Doc No Inv No Account No Subledger Account Description B usiness Unit 266190 1219/2015 100148 DPC INDUSTRIES INC Continued... 266191 1219/2015 100151 EAGAN, CITY OF 1 0,988.1 0 SAN SEWER 4TH QUARTER 2015 281054 20151202 5365.6318 BURN SVILLElEAGAN SWR REIMBURSESEWER MGMTIREPORTSIDATA ENTRY 10,98810 266192 121912015 100407 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 4,929.22 NEW #14 SET -UP & EQUIPMENT 261056 12447 7402.6730 CAPITAL OUTLAY - TRANSPORTATION VERF- POLICE 1,104.77 SQUAD CHANGEOVER ITEMS 281017 JC10021523 1200.6215 EQUIPMENT -PARTS POLICE MANAGEMENT 6,033.99 266193 121912015 102109 ENCOMPASS INC 2,448.98 MC WINDOWS ENGINEERING FEES 280971 32679 4002.6810 CONSTRUCTION IN PROGRESS CAPITAL BUILDINGS 2,448.98 266194 1219/2015 144557 EXECUTIVE OUTDOOR SERVICES LLC 740.00 ST. MARY'S SNOW REMOVAL NOV 281283 696 2092.6249 OTHER CONTRACTUAL SERVICES 14200 CEDAR AVE -OLD CITY HALL 740.00 266195 12/9/2015 100157 FACTORY MOTOR PARTS CO 11.98 WIPER BLADES FOR SQUADS 281388 19735730 1210,6215 EQUIPMENT -PARTS POLICE FIELD OPERATIONSIPATROL 6.00 BULBS FOR TRUCKS 281389 75199880 1630.6215 EQUIPMENT -PARTS STREET EQUIPMENT MAINTENANC7 7.71 FUELADDITIVE 281389 75199880 1765.6214 CHEMICALS PARK EQUIPMENT MAINTENANCE 31.98 SHOP SUPPLIES 281389 75199880 1530.5215 EQUIPMENT -PARTS FLEET & BUILDINGS -CMF 51.59 TRANS FLUID 281389 75199880 1210.6212 MOTOR FUELSIOILS POLICE FIELD OPE RATION SlPATROL 109.26 266196 12/9/2015 134308 FAIRCHILD EQUIPMENT 12867 9363 FILTERS 280963 J40895 1630.6215 EQUIPMENT -PARTS STREET EQUIPMENT MAINTENANCE 126.67 266197 1219/2015 120313 FASTENAL COMPANY 168.02 BOLTS,NUTS FOR PLOW EDGES 281398 MNLAK126631 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 168.02 266198 1219/2016 146911 FIELD TRAINING SOLUTIONS 150.00 FTO COORDINATOR COURSE- TSCHIDA 280967 8365 1225.6275 SCHOOLSICONFERENCES /EXP LOCAL POLICE TRAINING 150.00 266199 121912015 100420 FISCHER MINING, LLC 1.03- UTIL DISCOUNT 281293 105440 5330.6333 GENERAL -CASH DISCOUNTS WTR MAIN/HYDRANT/CURB STOP MNT R55CKR2 LUGIS101 CITY OF APPLE VALLEY 12/912015 15:50:44 Council Check Register by GL Page- 9 266203 12/912015 142832 GENESIS EMPLOYEE BENEFITS INC 364.96 HRATRUSTFEE 281281 IN679504 364.96 266204 12/9/2015 146166 GILES BROTHERS EXCAVATING INC 1,500.00 CURB BOX RPR 13555 ELKWOOD DR 281046 3989 1.500.00 Subledge Account Descri ption Business Unit Continued. -. GENERAL SUPPLIES WTR MAINIHYDRANTICURB STOP MNT GENERAL -CASH DISCOUNTS WTR MAINIHYDRANTICURB STOP MNT GENERAL SUPPLIES WTR MAINIHYDRANTICURB STOP MNT CAPITAL OUTLAY -OTHER IMPROVEME STORM DRAIN MNTCIRPRISUMPS WATERISEWER ACCT REFUNDS WATER & SEWER FUND REVENUE CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN CLEANING SERVICEIGARBAGE REMOVGOLF KITCHEN CLEANING SERVICEIGARBAGE REMOVCMF BUILDINGS & GROUNDS MNTC CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG & GROUNDS MNTC CLEANING SERVICEIGARBAGE REMOVMUNICIPAL BLDG & GROUNDS MNTC CLEANING SERVICE/GARBAGE REMOVLIQUOR #3 OPERATIONS CLEANING SERVICE/GARBAGE REMOVLIQUOR #1 OPERATIONS CLEANING SERVICE/GARBAGE REMOVLIQUOR #1 OPERATIONS DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET GENERAL SUPPLIES AV COMMUNITY CENTER 7205.6235 CONSULTANT SERVICES INSURANCE CLAIMS 5330.6269 REPAIRS -OTHER WTR MAINIHYDRANTICURB STOP MNT 266205 121912015 140229 CLOCK PROFESSIONAL, INC 250.00 G LOCK AR MORER-SODERHOLM 281371 20151207 1225.6275 SCHOOLSICONFERENCESIEXP LOCAL POLICE TRAINING 250.00 G LOCK AR MORE R -BOOTH 281371 20151207 1225.6275 SCHOOLSICONF ERE NCES/EXP LOCAL POLICE TRAINING 250.00 GLOCKARMORER- DAHLSTROM 281371 20151207 1225.6275 SCHOOLSICONF ERE NCESIEXP LOCAL POLICE TRAINING Council Check Register by Invoice & Summary 1113012015- 12/1112015 Check # Date Amount Supplier 1 Explanation PO # Doc No Inv No Account No 266199 121912015 100420 FISCHER MINING, LLC 50.59 RESTOCK MATERIAL BINS 281293 105440 5330.6229 5.11- UTIL DISCOUNT 281296 105455 5330.6333 419.70 RESTOCK MATERIAL BINS 281296 105455 5330.6229 464.15 266200 12/912015 100177 FLUEGEL ELEVATOR INC 310,00 STRAW BLANKETS 281298 723279 5505.6735 310.00 266201 1219/2015 148700 FUGLESTAD, DANE 109.60 UB REFUND 14674 DUNBAR CT 281048 20151125E 5301.4997 109.60 266202 1219/2015 100282 G & K SERVICES 129.8$ LINENS AND TOWELS 281080 1013413048 5120,6240 131.84 CLUBHOUSE RUGS AND CLEANING 281080 1013413048 5110.6240 34.56 STAFF UNIFORMS 281079 1013413049 5120.6240 34.56 STAFF UNIFORMS 281081 1013424563 5120.6240 41.12 CMF RUG SERVICE -NOV 280960 1182418813 1540.6240 22.32 CARPET RUNNERS -NOV 281012 1182420632 1060.6240 21.60 CH RUG SVC -NOV 280985 1182420633 1060.6240 7.28 LI03 RUG SVC -NOV 281284 1162420644 5095.6240 .50 LIQ1 USE TAX 281037 1162430303 5025.6240 7.28 L101 RUG SVC -DEC 281037 1182430303 5025.6240 .50- 281037 1182430303 5000.2330 12.16 MATS/RUGS-DEC 281063 1182430306 1900.6229 442.57 266203 12/912015 142832 GENESIS EMPLOYEE BENEFITS INC 364.96 HRATRUSTFEE 281281 IN679504 364.96 266204 12/9/2015 146166 GILES BROTHERS EXCAVATING INC 1,500.00 CURB BOX RPR 13555 ELKWOOD DR 281046 3989 1.500.00 Subledge Account Descri ption Business Unit Continued. -. GENERAL SUPPLIES WTR MAINIHYDRANTICURB STOP MNT GENERAL -CASH DISCOUNTS WTR MAINIHYDRANTICURB STOP MNT GENERAL SUPPLIES WTR MAINIHYDRANTICURB STOP MNT CAPITAL OUTLAY -OTHER IMPROVEME STORM DRAIN MNTCIRPRISUMPS WATERISEWER ACCT REFUNDS WATER & SEWER FUND REVENUE CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN CLEANING SERVICEIGARBAGE REMOVGOLF KITCHEN CLEANING SERVICEIGARBAGE REMOVCMF BUILDINGS & GROUNDS MNTC CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG & GROUNDS MNTC CLEANING SERVICEIGARBAGE REMOVMUNICIPAL BLDG & GROUNDS MNTC CLEANING SERVICE/GARBAGE REMOVLIQUOR #3 OPERATIONS CLEANING SERVICE/GARBAGE REMOVLIQUOR #1 OPERATIONS CLEANING SERVICE/GARBAGE REMOVLIQUOR #1 OPERATIONS DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET GENERAL SUPPLIES AV COMMUNITY CENTER 7205.6235 CONSULTANT SERVICES INSURANCE CLAIMS 5330.6269 REPAIRS -OTHER WTR MAINIHYDRANTICURB STOP MNT 266205 121912015 140229 CLOCK PROFESSIONAL, INC 250.00 G LOCK AR MORER-SODERHOLM 281371 20151207 1225.6275 SCHOOLSICONFERENCESIEXP LOCAL POLICE TRAINING 250.00 G LOCK AR MORE R -BOOTH 281371 20151207 1225.6275 SCHOOLSICONF ERE NCES/EXP LOCAL POLICE TRAINING 250.00 GLOCKARMORER- DAHLSTROM 281371 20151207 1225.6275 SCHOOLSICONF ERE NCESIEXP LOCAL POLICE TRAINING R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1219!2015 15:50:44 Council Check Register by GL Page- 10 Council Check Register by Invoice & Summary 1113012015— 12/11/2015 Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 266205 12/9/2015 140229 GLOCK PROFESSIONAL, INC Continued... 250.00 GLOCK ARMORER -SMITH 281371 20151207 1225.6275 SCHOOLSICONFERENCESIEXP LOCAL POLICE TRAINING 250.00 GLOCK ARMORER -WOLF 281371 20151207 1225.6275 SCHOOLSICONFERENCESIEXP LOCAL POLICE TRAINING 1,250.00 266206 12/9/2015 100206 GOODWIN, THOMAS C 400.00 CONGR CITY CONF- GOODWIN »WASHDC 281370 20151207 1005.6278 SUBSISTENCE ALLOWANCE MAYORICITY COUNCIL 400.00 266207 12/9/2015 100209 GOPHER STATE ONE -CALL 424.85 GSOG LOCATES NOV 281295 149846 5305.6237 TELEPHONE/PAGERS WATER MGMTIREPORT /DATA ENTRY 55.10 GSOG LOCATES ELECT NOV 281295 149846 5805.6237 TELEPHONE/PAGERS STREET LIGHT UTILITY FUND 479.95 266208 12/9/2015 142856 GRABAU, JASON & MICHELLE 1.00 FULL REFUND TO HOMEOWNER 281362 20151204 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 76.00 FULL REFUND TO HOMEOWNER 281362 20151204 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 77.00 266209 12!9!2015 100217 GRAINGER 180.00 UTIL KA KEYS 281085 9904792646 5330.6229 GENERAL SUPPLIES WTR MAINIHYDRANTICURB STOP MNT 180,00 266210 12!9!2016 101254 HAMANN- ROLAND, MARY 500.00 CONGR CITY CONF- WASHDC - HAMANN- 281026 20151204 1005.6278 SUBSISTENCE ALLOWANCE MAYOR/CITY COUNCIL 500.00 266211 12!9!2015 147493 HARRIS SERVICE 2,462.50 BLDG MAINT 11 -1 -15 TO 1 -31 -16 281039 505004342 5110.6266 REPAIRS - BUILDING GOLF CLUBHOUSE BUILDING 2,462.50 266212 12/912015 137419 HEDBERG, RON 82.25 RIBBON FOR WREATHS ON RR 261275 20151118 1625.6229 GENERAL SUPPLIES STREET RING ROUTE MAINT 8225 266213 1219/2015 100925 HEMPHILL, KRISTIN 31.56 MILEAGE - SEPT -NOV- HEMPHILL 281062 20151/30 1825.6277 MILEAGEIAUTO ALLOWANCE REC SUMMER PLAYGROUND ACTIVITY 31.56 266214 12!9/2015 102847 HOWLAND'S IKON 5.25 UNIFORM:DEPT % 281078 150610 1060.6281 UNIFORM/CLOTHING ALLOWANCE MUNICIPAL BLDG & GROUNDS MNTC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1219/2015 15:50:44 Council Check Register by GL Page - 11 Council Check Register by Invoice & Summary 1113012015 - 12/1112015 Check # Date Amount Supplier I Explanation PO # Doc No i Inv No Account No Subledge Account Description Business Unit 266214 12/912015 102847 HOWLAND'S IKON Continued... 5.25 UNIFORM:DEPT % 281078 150610 1510.6281 UNIFORMICLOTHING ALLOWANCE PW ENGINEERING & TECHNICAL 7.87 UNIFORM:DEPT % 281078 150610 1520.6281 UNIFORMICLOTHING ALLOWANCE NATURAL RESOURCES 10,49 UNIFORM:DEPT% 261078 150610 1400.6281 UNIFORMICLOTHING ALLOWANCE INSPECTIONS MANAGEMENT 10.49 UNIFORM:DEPT % 281076 150610 1530.6281 UNIFORMICLOTHING ALLOWANCE FLEET & BUILDINGS -CMF 16.36 UNIFORM DEPT % 281078 150610 1600,6281 UNIFORM /CLOTHING ALLOWANCE STREET MANAGEMENT 23.61 UNIFORM: DEPT % 281078 150610 1900.6281 UNIFORM /CLOTHING ALLOWANCE AV COMMUNITY CENTER 39.34 UNIFORM:DEPT % 281078 150610 1710.6281 UNIFORMICLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 5.24 UNIFORM:DEPT% 281078 150610 5105.6281 UNIFORMICLOTHIKGALLOWANCE GOLF MANAGEMENT 2.62 UNIFORM:DEPT% 281078 150610 5205.6281 UNIFORMICLOTHING ALLOWANCE ARENA 1 MANAGEMENT 15.74 UNIFORM:DEPT % 281078 150610 5365.6281 UNIFORMICLOTHING ALLOWANCE SEWER MGMTIREPORTSIDATA ENTRY 15.74 UNIFORM:DEPT% 281078 150610 5305.6281 UNIFORMICLOTHING ALLOWANCE WATER MGMTIREPORTIDATAENTRY 160.00 266215 12/912015 102063 ICE RINK SUPPLY CO 446,00 AVSACONDENSER PUMP RPR 281044 151105 5210,6266 REPAIRS - BUILDING ARENA 1 BUILDING MAINTENANCE 448,00 266216 12/912015 100242 INDEPENDENT BLACK DIRT CO 16.16 GOLF USE TAX 281041 17608 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 235.00 BLACK DIRT 261041 17808 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 16.16- 261041 17808 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 75.00 BLVD STUMP REPAIR 281009 17814 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR & MNTC 310.00 266217 121912015 120553 INTEGRATED LOSS CONTROL, INC. 698.00 OSHA REFRESHER TRNG -CMF 12/02 281057 10843 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 698.00 266218 12/9/2016 119212 INTL CODE COUNCIL. INC 276.00 UPPER GR PLAINS CONF -MEYER 281372 20151207 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 276.00 UPPER GR PLAINS CONF- HARMSEN 281372 20151207 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 276.00 UPPER GR PLAINS CONF -DORN 281372 20151207 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 552.00 UPPER GR PLAINS CONF - MUNSTERTE 281372 20151207 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 1,380:00 266219 121912015 100939 JIRIK SOD FARMS INC 241.88 SOD REPLCMNT -PMT #2 FINAL 281403 33157A 1665.6249 2015124G OTHER CONTRACTUAL SERVICES STREET SNOW & ICE MATERIALS 1,043.12 SOD REPLCMNT -PMT #2 FINAL 281403 33157A 5330.6269 2015124G REPAIRS -OTHER WTR MAINIHYORANTICURB STOP MNT 1,285.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1219/2015 15:50:44 Council Check Register by CAL Page- 12 Council Check Register by Invoice & Summary 11/30/2015- 12111/2015 Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 266220 12/912015 100266 JOHNSON BROTHERS LIQUOR Continued_ 129.51 LIQ #1 00000109 281149 5291856 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 2,940.00 WINE #1 00000109 281222 5291857 5015.6520 VINE LIQUOR #1 STOCK PURCHASES 350.00 WINE #2 00000109 281241 5291858 5055,6520 VINE LIQUOR #2 STOCK PURCHASES 3,015.65 WINE #1 00000109 281223 5291860 5015.6520 VINE LIQUOR #1 STOCK PURCHASES 450.70 LIQ #1 00000109 281150 5291861 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 3,822.50 WINE #1 00000109 281224 5291862 5015,6520 WINE LIQUOR #1 STOCK PURCHASES 26.00 BEER #1 00000109 281142 5291863 5015,6530 BEER LIQUOR #1 STOCK PURCHASES 187.98 WINE #2 00000109 281242 5291864 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 2,977.43 WINE #2 00000109 281243 5291865 5055.6520 VINE LIQUOR #2 STOCK PURCHASES 2,030.00 VANE #3 00000109 281257 5291866 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2,630.75 WINE #3 00000109 281258 5291867 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 30.00 LIQ #1 00000109 261151 5291872 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 8,123.25 WINE #1 00000109 281225 5291873 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 153.93 13EER #1 00000109 281143 5291874 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 37.75 LIQ #2 00000109 281179 5291875 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 757.15 WINE #2 00000109 281244 5291876 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 450.67 WINE #2 00000109 281245 5291877 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 1,735.48 WINE #2 00000109 281246 5291878 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 74.50 VINE #3 00000109 281259 5291880 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 37.75 LIQ #3 00000109 281201 5291881 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 388.90 WINE #3 00000109 281261 5291882 5065.6520 WINE LIQUOR #3 STOCK PURCHASES 187.42 LIQ #3 00000109 281202 5291883 5085.6510 LIQUOR LIQUOR 93 STOCK PURCHASES 5,724.58 WINE #3 00000109 281260 5291884 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 43.98 BEER #3 00000109 281199 5291885 5085,6530 BEER LIQUOR #3 STOCK PURCHASES 106.50 LIQ #1 00000109 281152 5292428 5015.6510 LIQUOR LIQUOR 91 STOCK PURCHASES 106.50 LIQ #2 00000109 281160 5292429 5055.6510 LIQUOR LIQUOR 92 STOCK PURCHASES 106.50 LIQ #3 00000109 281203 5292430 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 2,375.99 LIQ #1 00000109 281153 5297422 5015,6510 LIQUOR LIQUOR 91 STOCK PURCHASES 214.57 WINE #1 00000109 281226 5297423 5015,6520 VINE LIQUOR 01 STOCK PURCHASES 802.11 WINEM 00000109 281227 5297427 5015.6520 VINE LIQUOR #1 STOCK PURCHASES 587.00 LIQ #1 00000109 281156 5297428 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 475.50 WINE #1 00000109 281228 5297429 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,824.34 LIQ #2 00000109 281181 5297430 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 528.98 LIQ #2 00000109 281182 5297431 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 272,00 VINE #2 00000109 281247 5297432 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 50.00 LIQ 92 00000109 281183 5297433 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 1,612.24 LIQ #2 00000109 281184 5297434 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 420.00 WINE #2 00000109 281249 5297435 5055.6520 VINE LIQUOR #2 STOCK PURCHASES 3,655.49 LIQ #3 00000109 281204 5297436 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/9/2015 15:50:44 Check # Date Amount Supplier 1 Explanation PO # 266220 12!812015 100255 JOHNSON BROTHERS LIQUOR 1,000,62 LIQ #3 00000109 530.00 LIQ #3 00000109 4,099.89 LIQ #3 00000109 180.00 LIQ #1 00000109 932.98 LIQ #1 00000109 2,998.88 WINE #1 00000109 2,566.70 VINE 91 00000109 177.70 LIQ #1 00000109 670.60 WINE 41 00000109 43.98 BEER #1 00000109 90.00 LIQ #2 00000109 789.81 WINE #2 00000109 432.00 WINE #2 00000109 1,483.72 WINE #2 00000109 1,044.97 LIQ #3 00000109 1,974.15 WINE #3 000DO109 1,555.82 WINE #3 00000109 2,632.87 WINE 0 00000109 65,97 BEER #3 00000109 867.58 LIQ #1 00000109 330.28 LIQ #2 00000109 428.00 LIQ 93 00000109 7,194.22 LIQ #1 00000109 6.27- CMLIQ #1 00000109 350.00 WINE #1 00000109 4,006.00 LIQ #1 00000109 1,528.05 WINE #1 00000109 140.00 VINE #3 00000109 1,149.23 LIQ #1 00000109 4,637.72 VINE #1 00000109 1,939.13 LIQ #1 00000109 2,429.69 WINE #1 00000109 65.97 BEER #1 00000109 41.35 TAX #1 00000109 82.70 NOTAX #1 00000109 3,242.87 LIQ #2 00000109 3,551.50 LIQ #2 00000109 654.00 WINE #2 00000109 1,100.50 LIQ #2 00000109 Council Check Register by GL Council Check Register by Invoice & Summary 1113012015- 12/11/2015 Doc No Inv No Account No 281206 5297437 281207 5297438 281208 5297439 281157 5299096 281158 5302432 281229 5302433 261230 5302434 281159 5302435 281231 5302436 281144 5302437 281185 5302438 281250 5302439 281251 5302440 281252 5302441 281210 $302442 281262 5302443 281263 5302444 281264 5302445 281200 5302446 281160 5302848 281186 5302849 281211 5302850 281161 5308045 281162 5308045 281232 5308046 281163 5308047 281233 5308048 281265 5308049 281164 5308050 281234 5308051 281166 5308052 281235 5308053 281145 5308054 281147 5308055 281148 5308055 281187 5308056 281188 5308057 281253 5308058 281189 5308059 5085.6510 5085,6510 5085.6510 5015.6 510 5015.6510 5015.6520 5015.6520 5015.6510 5015.6520 5015.6530 5055.6510 5055.6520 5055.6520 5055.6520 5085.6510 5085.6520 5085,6520 5085.6520 5085.6530 5015.6510 5055.6510 5085.6510 5015.6 510 5015.6510 5015.6520 5015.6510 5015.6520 5085.6520 5015.6510 5015.6520 5015.6510 5015.6520 5015.6530 5015.6 540 5015.6 545 5055.6510 5055.6510 5055,6520 5055.6510 S„hlcrincr drrn„n4 f]aer.�..��n.. Continued... LIQUOR LIQUOR LIQUOR LIQUOR LIQUOR VINE VINE LIQUOR WINE BEER LIQUOR WINE WINE WINE LIQUOR WINE VINE WINE BEER LIQUOR LIQUOR LIQUOR LIQUOR LIQUOR VINE LIQUOR VINE WINE LIQUOR VINE LIQUOR VINE BEER TAXABLE MISC FOR RESALE NON- TAXABLE MISC FOR RESALE LIQUOR LIQUOR WINE LIQUOR Page - 13 Business Unit LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR 91 STOCK PURCHASES LIQUOR 42 STOCK PURCHASES LIQUOR 92 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR 91 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR 01 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR 92 STOCK PURCHASES R55CKR2 LOGIS104 CITY OF APPLE VALLEY Council Check Register by GL Council Check Register by Invoice & Summary 12/912015 15:50:44 Page - 14 11130/2015 - 12/1112015 Check # pate Amount Supplier! Explanation PO # 266220 12/912016 100266 JOHNSON BROTHERS LIQUOR 196.00- CMLIQ #2 00000109 305.40 WINE #2 00000109 96.00 1-10#2 00000109 86.66 WINE #2 00000109 1,496.74 LIQ #3 00000109 1,858.50 LIQ #3 00000109 522.50 '\VINE #3 00000109 948.08 LIQ #3 00000109 1,41212 WINE #3 00000109 224.06 LIQ #3 00000109 2,224.18 WINE #3 00000109 229.99 LIQ #2 00000109 385.80 WINE #1 00000109 595.00 LIQ #1 00000109 631.50 LIQ #1 00000109 442.11 WINE #1 00000109 73.80 BEER #1 00000109 867.72 LIQ #1 00000109 112.00 WINE #3 00000109 4444.98 LIQ #1 00000109 963.35 WINE #1 00000109 723.87 LIQ #2 00000109 1,162.49 LIQ #2 00000109 773.06 1-1093 00000109 670.99 WINE #3 00000109 866.47 LIQ #3 00000109 160.00 WINE #3 00000109 93.24 WINE #1 00000109 641.30 WINE #2 00000109 8,509.91 LIQ #1 00000109 53.25- CMLIQ #2 00000109 23.25- CMLIQ #1 00000109 15.55- CMLIQ #1 00000109 4.87- CMLIQ #1 00000109 13.85- CMLIQ #2 00000109 213.00- CMLIQ #2 00000109 6.17- CMLIQ #2 00000109 22.21- CMLIQ #3 00000109 54.24- CMLIQ #3 00000109 Doc No Inv No Account No Subledger Account Description Business Unit Continued... 281190 5308059 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 281254 5308060 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 281191 5308061 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 281255 5308062 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 281212 5308063 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 281213 5308064 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 281266 5308065 5085.6520 VANE LIQUOR #3 STOCK PURCHASES 281214 5306066 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 281267 5306067 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 281215 5308068 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 281268 5308069 5085.6520 VANE LIQUOR #3 STOCK PURCHASES 281192 5308492 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 281236 5310987 5015.6520 VANE LIQUOR #1 STOCK PURCHASES 2B1167 5313493 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 281168 5313494 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 281237 5313495 5015.6520 VANE LIQUOR #1 STOCK PURCHASES 281146 5313496 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 2B1169 5313497 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 281269 5313498 5085.6520 VANE LIQUOR #3 STOCK PURCHASES 281170 5313499 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 281238 5313500 5015.6520 VANE LIQUOR #1 STOCK PURCHASES 281193 5313503 5055.6510 LIQUOR LIQUOR 42 STOCK PURCHASES 281194 5313504 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 281216 5313505 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 281270 5313506 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 281217 5313507 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 281271 5313508 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 281239 5314289 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 281256 5314290 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 281154 5397424 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 281195 549037 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 281171 549038 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 281172 549039 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 281173 549040 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 281196 549041 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 281197 549042 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 281198 549043 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 281218 549044 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 281219 549045 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/9/2D15 15:50:44 Council Check Register by GL Page- 15 Council Check Register by Invoice & Summary 1113012015 - 12111/2015 Check # Date Amount Supplier I Explanation PO # Doe No Inv No Account No Subledge Account Description Business Unit 266220 12/9/2015 100255 JOHNSON BROTHERS LIQUOR Continued... 17.80- CMLIQ #3 00000109 281220 549046 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 12.16- CMLIQ #1 00000109 281174 549159 5015,6510 LIQUOR LIQUOR 91 STOCK PURCHASES 12.54- CMLIQ #3 00000109 281221 549160 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 38.85- WINE #3 00000109 281272 549556 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 19.88- CMLIQ #1 00000109 281175 550893 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 8,90- CMLIQ #1 00000109 281176 552770 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 14.75- CMLIQ #1 00000109 261177 552771 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 38.85- CMWINE #1 00000109 281240 552772 5015.6520 WINE LIQUOR 91 STOCK PURCHASES 15.55- CMLIQ #1 00000109 281178 552892 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 112.00- CMWINE #2 00000109 281248 641938 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 33.32- CMLIQ #3 00000109 281205 641947 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 108.00- CMLIQ #3 00000109 281209 642425 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 108.00- CMLIQ #1 00090109 281165 642652 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 2,409.27 LIQ #1 00000109 281155 8297426 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 137,234.98 266221 12!9!2015 146720 JOHNSON, TODD J 38.74 UB REFUND 15858 DRAWSTONE TRL 281051 201512020 5301.4997 WATERISEWERACCT REFUNDS WATER & SEWER FUND REVENUE 38.74 266222 12f9f2015 138157 JOHNSTON, CATHY JO 40.00 MRS. CLAUS @ BREAKFAST 280959 20151130 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT FROG GENERAL 40.00 266223 12/9/2015 118620 KAUFFMAN, TERESA 150.00 REFUND SR CTR DAMAGE DEPOSIT 281066 20151203 1001.5116 RENTS -HAYES SENIOR CENTER GENERAL FUND REVENUE 150.00 256224 12/9/2015 144985 KONICA MINOLTA BUSINESS SOLUTIONS 47.36 INSP COPIER MAINT -DEC 281277 237216530 1400.6265 REPAIRS- EQUIPMENT INSPECTIONS MANAGEMENT 47.36 266225 1219/2015 100271 KROYER, DANIEL C 210,00 BOOTS AND JEANS- KROYER 281023 20151130 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 210,00 265226 121912015 132646 KWIK KOPY BUSINESS CENTER 799.80 #10 REG CITY ENVELOPES 280994 18682 1035.6239 PRINTING FINANCE 59.73 POLICE FORMS 280996 18724 1205.6239 PRINTING POLICE RECORDS UNIT 859.53 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 100293 MACQUEEN EQUIPMENT 266231 12/9/2015 100934 LUBRICATION TECHNOLOGIES INC EQUIPMENT -PARTS Council Check Register by GL 200.88 SYN. LOBE FOR HOLDER 281274 Council Check Register by Invoice & Summary 1765.6212 MOTOR FUELSIOILS 60.00- DRUM CORE (CREDIT) 281397 11/3012015 - 12111!2015 1530.6212 Check # Date Amount S upplier/ Explanation PO # Doc No Inv No Account No S ubledger Account Description 266226 12/9/2015 SYN. ATE 132646 KWIK KOPY BUSINESS CENTER 715435 Continued... 266227 12/9/2015 SYN. ATE 148716 KWIK TRIP INC 715435 1210.6212 MOTOR FUELSIOILS 501.30 260.00 OVERPAYMENT OF FUEL LICENSE 280987 20151201 1001.4033 LICENSE- SERVICE STATION MOTOR FUELSIOILS 501.31 260.00 281397 715435 5345.6212 266228 12/9/2015 148687 LA POLICE GEAR INC 266232 121912015 463.96 GEAR BAGS FOR SERGEANT SQUADS 281018 2765107 1200.6229 GENERAL SUPPLIES 463.96 266229 12!9!2015 101616 LMC INSURANCE TRUST 12!912015 15:50;44 Page - 16 Business Unit GENERAL FUND REVENUE POLICE MANAGEMENT 65.00 WC DEDUCTIBLE -NOV -BOOTH 281280 20151130 7205,6315 WORKERS COMP - DEDUCTIBLE INSURANCE CLAIMS 65.00 266230 12!9!2015 148721 LOCKARD, CHRISTY 269.15 UB REFUND 15657 FLIGHT LN 281052 20151202D 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE - 269.15 266233 1219!2015 100293 MACQUEEN EQUIPMENT 266231 12/9/2015 100934 LUBRICATION TECHNOLOGIES INC EQUIPMENT -PARTS 1,035.35 200.88 SYN. LOBE FOR HOLDER 281274 714188 1765.6212 MOTOR FUELSIOILS 60.00- DRUM CORE (CREDIT) 281397 715435 1530.6212 MOTOR FUELSIOILS 60.00 DRUM CORE CHARGE 281397 715435 1530.6212 MOTOR FUELSIOILS 1,002.61 SYN. ATE 281397 715435 1630.6212 MOTOR FUELSIOILS 1,002.61 SYN. ATE 281397 715435 1210.6212 MOTOR FUELSIOILS 501.30 SYN. ATE 281397 715435 5390.6212 MOTOR FUELSIOILS 501.31 SYN. ATE 281397 715435 5345.6212 MOTOR FUELSIOILS 3,208.71 266232 121912015 148722 LYNCH, JUDY PARK EQUIPMENT MAINTENANCE FLEET & BUILDINGS -CMF FLEET & BUILDINGS -CMF STREET EQUIPMENT MAINTENANCE POLICE FIELD OPERATION-5/PATROL SWR EQUIPNEHICLE MISC MNTCIRP WATER EQUIPNEHICLEIMISC MNTC 1 08.36 UB REFUND 15777 HAYES TRL 261053 20151202E 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 108.36 266233 1219!2015 100293 MACQUEEN EQUIPMENT 1,035.35 SEWER TV CAMERA REPAIR 280977 E15004 5390.6215 EQUIPMENT -PARTS 1,035.35 266234 12/912015 119353 MADISON NATIONAL LIFE INS CO INC 235.30 SHORT DISABILITY FEES 261140 20151201 1020.6235 CONSULTANT SERVICES 2,990.20 LTD FEE 281140 20151201 9000.2113 ACCRUED LTD 3,225.50 SWR EQUIPNEHICLE MISC MNTCJRP HUMAN RESOURCES PAYROLL CLEARING BAL SHEET R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1219/2015 15:50:44 Council Check Register by GL Page- 17 Council Check Register by Invoice & Summary 11/3012015 - 12/1112015 Check # Date Amount Supplier 1 Explanation PO # Doc No Inv No Account N Subledge Account Description Business Unit 266235 12/912015 100294 MAIL PACK & SHIP Continued... 32.91 CH SHIPPING TO WHELEN FNG 261059 AVO42 1060.6238 POSTAGEIUPSIFEDEX MUNICIPAL BLDG & GROUNDS MNTC 12.50 SHIP TO MDH 281291 AVO42A 5325.6238 POSTAGEIUPSIFEDEX WATER TREATMENT FCLTY MNTC /RPR 6.64 UTIL MN DEPT OF HEALTH 281083 AVO42B 5325.6238 POSTAGEIUPSIFEDEX WATER TREATMENT FCLTY MNTC/RPR 52,05 266236 121912015 100580 MAMA 20.00 MAMA LUNCHEON MEETING 281278 1959 1010.6275 SCHOOLSlCONFERENCESIEXP LOCAL ADMINISTRATION 20.00 266237 1219/2016 138342 MANSFIELD OIL COMPANY 3,056.73 2102GAL DIESEL (SPOT) 281390 5459 1000.1525 INVENTORY - DIESEL FUEL GENERAL FUND BALANCE SHEET 1,552.86 900GAL DIESEL (SPOT) 281391 5745 1000.1525 INVENTORY - DIESEL FUEL GENERAL FUND BALANCE SHEET 6,260,11 2100GAL DIESEL (FIXED) 281392 998005 1000,1525 INVENTORY - DIESEL FUEL GENERAL FUND BALANCE SHEET 2,682.99 900GAL DIESEL (FIXED) 281393 998006 1000,1525 INVENTORY- DIESEL FUEL GENERAL FUND BALANCE SHEET 13,552.69 266238 121912015 148710 MASA CONSULTING 1,500.00 MGMT MNTL HLTH CRISIS GRP TRNG 280983 1793 1225.6275 SCHOOLSICONFERENCESIFXP LOCAL POLICE TRAINING 1,500.00 266239 12/912015 100299 MASTER ELECTRIC CO 852.67 TEGG ELEC INSPEC -PMT #B FINAL 281404 SD12691 5320.6265 201316OG REPAIRS- EQUIPMENT WATER WELLIBOOSTER STN MNTIRPR 852.67 TEGG ELEC INSPEC -PMT #B FINAL 281404 SD12691 5380.6265 201316OG REPAIRS - EQUIPMENT SEWER LIFT STN REPAIR & MNTC 852.66 TEGG ELEC INSPEC -PMT #8 FINAL 281404 SD12691 5505.6265 201316OG REPAIRS- EQUIPMENT STORM DRAIN MNTC/RPR/SUMPS 2,55B.00 266240 121912015 147128 'MCALLISTE'R, JESSICA 37.50 FACE PAINTER - BREAKFAST WISANTA 280958 20151125 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT PROG GENERAL 37.50 266241 121912015 100309 MENARDS 52.11 IA2 MISC RPR PTS 281004 86146 5265.6229 GENERALSUPPLIES ARENA BLDG MAINTENANCE -HAYES 231.32 ALIMAGNET SUMP PUMP RPR PTS 280979 86408 5507.6215 EQUIPMENT -PARTS ALIMAGNET STM LIFT 38.88 At MISC EQUIP SUPPLIES 281005 86417 5215.6229 GENERAL SUPPLIES ARENA 1 EQUIPMENT MAINTENANCE 6.38 GARAGE DOOR ROLLERS 280962 86472 1540,6215 EQUIPMENT -PARTS CMF BUILDINGS & GROUNDS MNTC 18.50 GOLF USE TAX 281285 86824 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 269.16 GOLF LUMBER, MISC 281285 86824 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 18.50- 281285 86824 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 597.85 R55CKR2 LOGIS101 Check # Date 266242 1219/2015 266243 121912015 128973 MIKE'S SHOE REPAIR INC 41.00 GEAR REPAIR 280957 11262015 41.00 266244 121912015 100656 MN DEPT OF COMMERCE CITY OF APPLE VALLEY 14.89 UNCL PROP- PAYROLL 281006 Council Check Register by GL 40.17 UNCL PROP- PAYROLL Council Check Register by Invoice & Summary 16.77 UNCL PROP-PAYROLL 281008 1113012015 -- 12/11/2015 Amount Supplier Explanation PO # Doc No Inv No Account No 100311 METRO COUNCIL ENVIRONMENTAL SVCS 14.42 444.38 LEGION SAC DEFRL PROG'15 PMT 281047 1050104 5301.4922 230,050.39 WASTEWATER SVC -JAN 281086 1050108 5300.1560 323.05- SAC COLLECTION NOV 281294 20151130 5301.4999 32,305.00 SAC COLLECTION NOV 281294 20151130 5301.4922 262.476.72 192127 20110819 128973 MIKE'S SHOE REPAIR INC 41.00 GEAR REPAIR 280957 11262015 41.00 266244 121912015 100656 MN DEPT OF COMMERCE 14.89 UNCL PROP- PAYROLL 281006 187407 40.17 UNCL PROP- PAYROLL 281007 187470 16.77 UNCL PROP-PAYROLL 281008 187518 50.00 POL 2012 DUES 200964 20110224 Supplier 100990 TRI- COUNTY LAW ENFORCEMENT ASSOCIATION 14.42 REC MILEAGE JULY 191111 20110723 Supplier 112494 BROKMAN, COLLEEN 9.99 REC - MILEAGE AUG 192159 20110813 Supplier 141932 REICK, MATTHEW 13.75 REF OVPMT UTIL -13331 FINDLAY W 192127 20110819 Supplier 142178 MINNETONKA CROWN LLC 21.29 REF OVPMT UTIL 12829 GLEN CT 193034 20110909 Supplier 142334 BROWN, CAROLYN G 96.00 ASE CERTIFICATION - PROSHEK 194204 20110927 Supplier 109092 PROSHEK, ANDREW C 98.53 REF OVPMT UTIL 15981 HYLAND DR 197112 20111122 Supplier 142553 NELSON, BONNIE 19.03 FEE OVPMT UTIL 14294 EMPIRE AV 197964 20111207 Supplier 142622 RICHGELS, DAVID 25.01 REF OVPMT UTIL 5291 149TH ST W 198831 20111221 Supplier 142672 LIGHTNER, RICHARD 6.03 REF OVPMT UTIL 14760 EMBRY PAT 198833 20111221 Supplier 142674 STORM, ROBERT 95.30 POL- SUBPOENA 00067567 200999 20120111 Supplier 142752 MORGAN STANLEY SMITH BARNEY 14.88 REF OVPMT UTIL 14307 HEMLOCK C 203447 20120402 Supplier 142848 LAUGERUDE, MELISSA 87.94 REF OVPMT UTIL 8339 139TH CT W 204997 20120423 Supplier 142915 MALEC. LISA 133D.6265 1001.5399 1001.5399 1001.5399 1215.6280 1805.6277 1820.6277 5301.4997 5301.4997 1530,6275 5301.4997 5301.4997 5301.4997 5301.4997 1215.6249 5301.4997 5301.4997 12!9!2015 15:50;44 Page - 18 Subledge Account Description Continued... SAC COLLECTIONS PREPAID EXPENSES MISC UTILITY REVENUE SAC COLLECTIONS REPAIRS- EQUIPMENT Business Unit WATER & SEWER FUND REVENUE WATER & SEWER FUND BAL SHEET WATER & SEWER FUND REVENUE WATER & SEWER FUND REVENUE FIRE OPERATIONS OTHER MISCELLANEOUS REVENUE GENERAL FUND REVENUE OTHER MISCELLANEOUS REVENUE GENERAL FUND REVENUE OTHER MISCELLANEOUS REVENUE GENERAL FUND REVENUE DUES & SUBSCRIPTIONS MILEAGE/AUTO ALLOWANCE MILEAGEIAUTO ALLOWANCE WATER/SEWER ACCT REFUNDS WATER/SEWER ACCT REFUNDS SCHOOLSICONFERENCESIEXP LO WATER/SEWER ACCT REFUNDS WATER/SEWER ACCT REFUNDS WATER/SEWER ACCT REFUNDS WATER/SEWER ACCT REFUNDS OTHER CONTRACTUAL SERVICES WATER/SEWER ACCT REFUNDS WATER /SEWER ACCT REFUNDS POLICE DETECTIVE UNIT REC PUPPET WAGON REC CULTURAL PROGRAMS WATER & SEWER FUND REVENUE WATER & SEWER FUND REVENUE aAL FLEET & BUILDINGS -CMF WATER & SEWER FUND REVENUE WATER & SEWER FUND REVENUE WATER & SEWER FUND REVENUE WATER & SEWER FUND REVENUE POLICE DETECTIVE UNIT WATER & SEWER FUND REVENUE WATER & SEWER FUND REVENUE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/912015 15:50:44 Council Check Register by GL Page- 19 Council Check Register by Invoice & Summary 1113012015- 12/11/2015 Check # Date Amount Supplier I Explanation PO # Do No Inv No 266244 12/9/2015 WINE 100656 MN DEPT OF COMMERCE 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 40.16 BIKE MAINT TRAINING - KLOKONOS LIQUOR #1 STOCK PURCHASES 206194 20120512 LIQUOR #2 STOCK PURCHASES 5055.6520 Supplier 119621 KLOKONOS, SHANE P 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 664.16 WINE LIQUOR #3 STOCK PURCHASES 5085.6510 LIQUOR 266245 1219/2015 5085.6520 100334 MN DEPT OF HEALTH LIQUOR #3 STOCK PURCHASES 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 24,471.00 MDH - SERVICE CONNECTION FEE LIQUOR #1 STOCK PURCHASES 281001 20151125 LIQUOR #3 STOCK PURCHASES 24,471.00 LIQUOR LIQUOR #1 STOCK PURCHASES 5015.6520 WINE 266246 121912015 5055.6510 131227 PALOMINO PET HOSPITAL LIQUOR #2 STOCK PURCHASES 5055.6520 WINE 360.00 IMPOUNDS -SEPT 2015 WINE 278938 50888 LIQUOR 360.00 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 5085.6520 266247 12/9/2015 LIQUOR #3 STOCK PURCHASES 100751 PHILLIPS WINE & SPIRITS INC LIQUOR LIQUOR #1 STOCK PURCHASES 5015.6520 455,00 WINE #2 00000106 281334 2871746 5015.6520 30.00 LIQ #1 00000106 281302 2874498 3,456.00 WINE #1 00000106 281316 2874499 1,972.62 WINE #1 00000106 281317 2874500 30.34 - WINE #1 00000106 281318 2874500 718.00 WINE #2 00000106 281328 2874501 326.02 WINE #2 00000106 281330 2874502 30.34- WINE #2 00000106 281331 2874502 1,673.00 WINE #3 00000106 281337 2874503 180.00 1-10#3 00000106 281310 2874504 647.26 WINE #3 00000106 281338 2674505 30,34- CMWINE #3 00000106 261339 2874505 901.50 WINE #1 00000106 281319 2878214 1,825.70 WINE #3 00000106 281340 2878216 2,188.90 LIQ #1 00000106 281303 2878218 518.00 WINE #1 00000106 281320 2878219 440.85 1-10#2 00000106 281308 2878220 136.00 WINE #2 00000106 281332 2878221 48.00 WINE #2 00000106 281333 2878222 5,377.20 LIQ #3 00000106 281311 2878223 224.00 WINE #3 00000106 281341 2878438 2.00- CMWINE #3 00000106 281342 2878438 444.00 LIQ #1 00000106 281305 2881743 472.00 WINE #1 00000106 281321 2881745 444.00 LIQ #3 00000106 281312 2881746 2,195.11 WINE #1 00000106 281322 2881747 2.152.59 WINE #2 00000106 281335 2881750 1225.6275 5300.2332 1295.6249 Subledge Account Description Business Unit Continued... SCHOOLSICONFERENCESIEXP LOCAL POLICE TRAINING STATE WATER TESTING FEE WATER & SEWER FUND BAL SHEET OTHER CONTRACTUAL SERVICES COMMUN SERVICE OFFICERS (CSO) 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 5085,6520 NNE LIQUOR #3 STOCK PURCHASES 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 5015.6520 WINE LIQUOR 41 STOCK PURCHASES 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 5055.6520 WINE LIQUOR #2 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 121912015 15 Council Check Register by GL Page- 20 Council Check Register by Invoice & Summary 11130/2015 - 12111/2015 Check # Date Amount Supplier 1 Explanation PO # Doc No c Inv N 266247 12!9!2015 100751 PHILLIPS WINE & SPIRITS INC 250.00 STUMP GRINDING VARIOUS PARKS 281022 20151022 1.241.00 WINE #3 00000106 281343 2881751 247.15 LIQ #3 00000106 281313 2881752 1,766.87 WINE #3 00000106 281344 2881753 222.00 LIQ #1 00000106 281306 2881961 222.00 LIQ #3 00000106 281314 2881962 1,380,00 WINE #1 00000106 281323 2885568 1,624.44 LIQ #1 00000106 281307 2885570 1,70B.99 WINE #1 00000106 281324 2885571 151.90 TAX #1 00000106 281299 2885572 689.50 WINE #2 00000106 281336 2885574 648.80 LIQ #2 00000106 281309 2885575 397.00 WINE #3 00000106 281345 2885576 637.20 1_1093 00000106 281315 2885577 575.74 WINE #3 00000106 281346 2885578 168.00 TAX #3 00000106 281301 2885579 806.50 WINE #1 00000106 281325 2889334 56.00 TAX #1 00000106 281300 2889335 236.00 WINE #1 00000106 281326 2889337 566.00 WINE #3 00000106 281347 2889338 88.00- CMWINE 93 00000106 281348 2889338 306.00 WINE #1 00000106 281327 2889769 56.00- CMW4NE #2 00000106 281329 641950 96.85- CMLIQ #1 00000106 281304 707071 40,142.97 266248 121912015 142394 POMP'S TIRE SERVICE INC 495.00 #344 MOUNT 10 TIRES 280990 210207887 495.00 266249 121912015 119879 PROWIRE INC 295.00 REPAIR CAM CORD 281002 55901 295.00 266250 121912015 138459 PWF SOLUTIONS INC 401.67 CLEANING SUPPLIES 281075 17937 401.67 266251 12/912015 101130 ROGGEN BUCK TREE CARE, LLC 250.00 STUMP GRINDING VARIOUS PARKS 281022 20151022 400.00 STUMP GRINDING VARIOUS PARKS 281034 20151022A Account No 5085.6520 5085.6510 5085.6520 5015.6510 5085.6510 5015.6520 5015,6510 5015.6520 5015.6 540 5055.6520 5055.6510 5085.6520 5085.6510 5085.6520 5085.6540 5015.6 520 5015.6 540 5015.6 520 5085.6520 5085.6520 5015.6520 5055.6520 5015.6510 1630.6265 5390.6265 1900.6229 1720.6249 1720.6249 Subledge Account Description Continued... WINE LIQUOR WINE LIQUOR LIQUOR WINE LIQUOR WINE TAXABLE MISC FOR RESALE WINE LIQUOR WINE LIQUOR WINE TAXABLE MISC FOR RESALE WINE TAXABLE MISC FOR RESALE WINE VtII N F WINE WINE WINE LIQUOR REPAIRS - EQUIPMENT REPAIRS - EQUIPMENT GENERALSUPPLIES Business Unit LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #2 STOCK PURCHASES LIQUOR 92 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #3 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES LIQUOR 92 STOCK PURCHASES LIQUOR #1 STOCK PURCHASES STREET EQUIPMENT MAINTENANCE SWR EQUIPA/EHiCLE MISC MNTClRP AV COMMUNITY CENTER OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES PARK GROUN' MAINTENANCE R55CKR2 LOGIS101 Business Unit CITY OF APPLE VALLEY OTHER CONTRACTUAL SERVICES Council Check Register by GL MAINTENANCE OTHER CONTRACTUAL SERVICES Council Check Register by Invoice 8. Summary OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 11/3012015— 12/1112015 Check # Date Amount Supp lier! Explanation PO # Doc No Inv No Account No 266251 12/912015 101130 ROGGENBUCK TREE CARE, LLC PARK GROUNDS MAINTENANCE 1,050.00 TREE RMVL JCRPE 281028 20151026 1720.6249 450.00 REM 2 DEAD SPRUCE DIAMOND PATH 281029 20151026A 1720.6249 1,550.00 REMV 6 DEAD TREES SAVANNICK T 281032 20151027 1720.6249 1,262.50 REM 3 DEAD TREES LONG LAKE P'K 281031 20151102 1720,6249 975.00 REMOVE 2 DEAD OAKS FINDLAY PK 281030 20151104 1720,6249 350.00 REMOVE DEAD COTTONWOOD 133RD, 281020 20151110 1720,6249 350,00 REMOVE DEAD OAK WALLACE 281021 20161110A 1720,6249 1,375.00 REMV 3 ELMS ALIMAGNET PK 281033 20151111 1720,6249 8,012.50 400.00 BEER #1 00052003 266262 121912016 100042 ROTARY CLUB OF APPLE VALLEY 50,00 ROTARY DUES 280995 1131 150.00 ROTARY MEETING MEALS 280995 1131 200.00 12/912015 15:50:44 Page - 21 Subledger Account Description Business Unit Continued... OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE DUES & SUBSCRIPTIONS POLICE MANAGEMENT SCHOOLSICONFERENCESIEXP LOCAL POLICE MANAGEMENT 1200.6280 1200.6275 266253 12/912015 101134 S & 5 TREE SPECIALISTS 2,700.00 ASH TREE INJECTIONS -PMT 41 281401 909331165 1600.6249 2015146G OTHER CONTRACTUAL SERVICES STREET MANAGEMENT 2,700.00 266254 1219/2015 148730 SAAM, MATT 24.61 PW MILEAGE -NOV 281279 20151130 1500.6277 MILEAGEIAUTOALLOWANCE PW MANAGEMENT 78.89 MPWACONF -BRKLN CENTER -SAAM 281279 20151130 1500.6275 SCHOOLS /CONFERENCES /EXP LOCAL PW MANAGEMENT 103.50 266255 12/912015 101709 SHAMROCK DISPOSAL 225.14 YARD DUMPSTER -PARKS 281035 72070 1720.6240 225,14 YARD DUMPSTER- STREETS 281035 72070 1610.6240 450.28 266256 12012015 100439 SKB ENVIRONMENTAL 2,618.51 POND SEDIMENT REMOVAL 280978 RI24215 5505.6735 2,618.51 266257 12/9!2016 148739 SOCIABLE CIDER WERKS 400.00 BEER #1 00052003 281349 2197 5015.6530 400.00 266258 1219/2015 100447 SOUTH RIVER HEATING & COOLING INC 138.47 ST M REPAIRS EAST ENTRY SWITCH 280970 1517060 2092.6266 262.50 ST. MARY'S WEEKLY CK 11 -17 280970 1517060 2092.6266 CLEANING SERVICE /GARBAGE REMOVPARK GROUNDS MAINTENANCE CLEANING SERVICE/GARBAGE REMOVSTREET /BOULEVARD REPAIR & MNTC CAPITAL OUTLAY -OTHER IMPROVEME STORM DRAIN MNTC /RPR /SUMPS BEER REPAIRS - BUILDING REPAIRS - BUILDING LIQUOR #1 STOCK PURCHASES 14200 CEDAR AVE -OLD CITY HALL 14200 CEDAR AVE -OLD CITY HALL R55CKR2 LOGIS101 CITY OF APPLE VALLEY Council Check Register by GL Council Check Register by Invoice & Summary 1113012015— 1211112015 Check # Date Amount Supplier/ Explanation PO # Doc No Inv NO Account No Subledge Account Description 266258 12/9/2015 100447 SOUTH RIVER HEATING & COOLING INC Continued... 1,612.44 SCHEDULED HVAC MAINT CMF 280993 1517067 1540.6266 REPAIRS- BUILDING 2,013.41 266259 121912015 121866 SPARTAN PROMOTIONAL GROUP INC 554.71 INSULATED TUMBLERS 281068 493157 1275.6229 GENERAL SUPPLIES 554.71 266260 121912015 100422 ST PAUL STAMP WORKS 46.75 NAME BADGE - BRUCE NORDQUIST 281069 348058 1100.6229 GENERALSUPPLIES 46.75 266261 1219/2016 147332 SUNLIFE 12!912015 15:50:44 Page - 22 Busines Unft CMF BUILDINGS & GROUNDS MNTC POL COMMUN OUTREACH /CRIME PRE\ DEV MANAGEMENT 93.50 PIETIG, CANC NOV -.50 281141 20151201 9000.2117 ACCRUED LIFE INSUR -BASIC PAYROLL CLEARING BAL SHEET 9,682.75 SUPPIDEPENDENT LIFE 281141 20151201 9000.2118 ACCRUED LIFE INSUR- SUPPIDEPEND PAYROLL CLEARING BAL SHEET 9,776.25 266262 12/912015 146961 SUNNYSIDE STABLES INC 1,000.00 MEA NORSE CAMP 280965 20151117 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT FROG GENERAL 1,000.00 266263 12/9/2015 120105 SWANSON, SCOTT F 47.20 MILEAGE- NOV- SWANSON 281038 20151203 5005.6277 MILEAGEIAUTOALLOWANCE LIQUOR GENERAL OPERATIONS 47.20 266264 121912015 101753 SYSCO MINNESOTA, INC 38.85 KITCHEN SUPPLIES, CHAFING FUEL 280998 511180798 5120.6422 GOLF- KITCHEN SUPPLIES GOLF KITCHEN 5 22.8 8 KITCHEN FOOD 280998 511180798 5120.6420 GOLF -FOOD GOLF KITCHEN 561.73 266265 1219/2015 102518 TARGET CENTER 188.00 TARGET CENTER TIX -AMY GRANT 281064 4000909122 1001.5340 REFUNDS & REIMBURSEMENTS GENERAL FUND REVENUE 188.00 266266 12!9!2015 111055 THE RETROFIT COMPANIES INC 45.00 BOXES FOR RECYCLED BULBS 280964 831191N 1540.6240 CLEANING SERVICEIGARBAGE REMOVCMF BUILDINGS & GROUNDS MNTC 45.00 266267 1219/2015 100780 THYSSEN KRUPP ELEVATOR CORPORATION 1,635.26 ELEVATOR MAINT. (POLICE) 280991 30022447/2 1060.6266 REPAIRS - BUILDING 1,635.26 MUNICIPAL BLDG & GROUNDS MNTC R55CKR2 LQGIS101 CITY OF APPLE VALLEY Council Check Register by GL 131594 UNIVERSAL CLEANING SERVICES INC Council Check Register by Invoice & Summary 950.00 MC CARPET CLEANING 11/3012015 — 12/1112015 Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No Subledge Account Description 266267 12/912016 100780 THYSSEN KRUPP ELEVATOR CORPORATION Continued... 266268 12/912015 144851 TKO WINES 101123 USA BLUE BOOK 825.60 WINE #3 00051521 281361 2178 5085:6520 WINE 75.90 HYDRANT SUPPLIES 825.60 807789 266269 121912015 137686 TOWMASTER METER SEALS 121912015 15:50:44 Page - 23 Business Unit LIQUOR #3 STOCK PURCHASES 23,300.00 #340 BOX, HOIST, LIGHTS ETC, 280997 374905 2007.6730 CAPITAL OUTLAY - TRANSPORTATION LGAIEQUIP CERTIFICATES 23,300.00 266270 121912015 100476 TRANS ALARM INC 6.42- IA2 SALES TAX ADJUST 281082 RMR044903 5265.6249 OTHER CONTRACTUAL SERVICES ARENA 2 BLDG MAINTENANCE -HAYES 6.42 IA2 SALES TAX ADJUST 281082 RMR044903 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 96.42 IA2 ALARM-DEC-FEB 281082 RMR044903 5265.6249 OTHER CONTRACTUAL SERVICES ARENA 2 BLDG MAINTENANCE-HAYES 96.42 266271 1219/2015 131594 UNIVERSAL CLEANING SERVICES INC 950.00 MC CARPET CLEANING 280966 74065 1060.6266 REPAIRS- BUILDING 950.00 266272 12/912015 101123 USA BLUE BOOK 75.90 HYDRANT SUPPLIES 281000 807789 5330.6229 GENERAL SUPPLIES 134.75 METER SEALS 281000 807789 5310.6229 GENERAL SUPPLIES 629,45 GSOC SUPPLIES 281000 807789 5335.6229 GENERALSUPPLIES 840.10 266273 12/912015 142614 USA SAFETY SUPPLY CORP MUNICIPAL BLDG & GROUNDS MNTC WTR MAINIHYDRANTICURB STOP MNT WATER METER RPRIREPLACEIREADNC WATER FINAL/SERVICE ON OFFILOC 81.86 UNIFORM:HIVIZ:DBESSE 281084 103447 5305.6281 UNIFORMICLOTHING ALLOWANCE WATER MGMTIREPORTIDATA ENTRY — 81.86 256274 12/9/2015 100839 VALLEY -RICH COMPANY INC 20,670.00 STORM SEWER REPAIR 281055 22287 5505.6269 2015174D REPAIRS -OTHER STORM DRAIN MNTCIRPRISUMPS 20,670.00 266275 121912015 123538 VARITECH INDUSTRIES INC 551.07 PLOW TRUCK/BRINE TANK VALVES 280992 IND601006312 1630,6215 EQUIPMENT -PARTS STREET EQUIPMENT MAINTENANCE 551.07 266276 1219/2015 126609 WATER CONSERVATION SERVICE 379.90 LEAK DETECTION 281292 6418 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAINIHYDRANTICURB STOP MNT 379.90 R55CKR2 LOGIS101 CITY OF APPLE VALLEY Council Check Register by GL Council Check Register by Invoice & Summary 11/3012015- 12/11/2015 Check # Date Amount Supplier I Explan PO # Doc No Inv No Account No 266276 121912016 126509 WATER CONSERVATION SERVICE 266277 12/912015 142204 WERNER IMPLEMENT CO., INC 554.50 PARTS FOR #251 TRACTOR 281016 63156 1765.6215 554.50 12/912015 15:50:44 Page - 24 EQUIPMENT -PARTS Business Unit PARK EQUIPMENT MAINTENANCE 266278 12/912015 122208 WEST ST PAUL, CITY OF 22,391.76 30 COPAY AWARE 281087 1,601.23 VOLUNTEER MANAGER -3RD QT 2015 281058 20150239 1020.6399 OTHER CHARGES HUMAN RESOURCES 1.601.23 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 4,276,46 30 COPAY AWARE (RETIREE) 281089 A3 9000.2115 266279 12/912016 100621 WINE MERCHANTS HRAAWARE 250015000 281090 F1 9000.2115 ACCRUED MEDICAL INSURANCE 946.00 WINE #1 00022992 281350 7053238 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 144.00 WINE #2 00022992 281355 7053239 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 435.00 WINE #3 00022992 281358 7053240 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 406.00 WINE #1 00022992 281351 7054271 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,570.86 WINE #3 00022992 281359 7055297 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 426.00 WINE #1 00022992 281352 7055298 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 349.08 WINE #2 00022992 281356 7055299 5055,6520 WINE LIQUOR #2 STOCK PURCHASES 82.50 WINE #2 00022992 281357 7055300 5055,6520 WINE LIQUOR #2 STOCK PURCHASES 756.00 WINE #3 00022992 281360 7055301 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 74.00 WINE #1 00022992 281353 7056419 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,392.00 WINE #3 00022992 281361 7056420 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 148.00 WINE #1 00022992 281354 7057549 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 6.729.44 266280 12/9/2015 100629 ZINCK, JAMES R 42.55 GOLF MILEAGE -NOV -ZINCK 42.55 261287 20151124 5105.6277 MILEAGEIAUTO ALLOWANCE GOLF MANAGEMENT 20151140 1113012015 142702 BLUE CROSS BLUE SHIELD OF MINNESOTA (EFT 22,391.76 30 COPAY AWARE 281087 Al 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,677.48 30 COPAY AWARE (COBRA) 281088 A2 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 4,276,46 30 COPAY AWARE (RETIREE) 281089 A3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 13,804.56 HRAAWARE 250015000 281090 F1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,385.74 HRAAWARE 4000/8000 281091 J1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 70,329.18 HSAAWARE 2600/5100 281092 K1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 7,186.18 HSAAWARE 2600/5100 (RETIREE) 281093 K3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 2,322.48 HSAAWARE 4000/8000 281094 Ll 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,613.48 30 COPAY ACCORD 281095 M1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 7,150.94 HRAACCORD 2500/5000 281096 S1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING GAL SHEET 2,872.72 HRAACCORD 400018000 281097 U1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET Subl edger Ac count Description Continued... R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1219/2015 15:50:44 Council Check Register by GL Page- 25 Council Check Register by Invoice & Summary 1113012015— 12/1112015 Check # Date Amount Supplier 1 Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 20151140 1113012015 142702 BLUE CROSS BLUE SHIELD OF MINNESOTA (EFT Continued... 38,287.88 H$AACCORD 2600/5100 281098 V1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 532.74 HSAACCORD 2600/5100 (RETIREE) 281099 V3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 6,352.92 HSAACCORD 4000/8000 281100 W1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 182,1 B4.52 20151215 1217/2015 100873 HEALTHPARTNERS (DENTAL CLAIMS -EFT) 1107.57 DENTAL CLAIMS 11/26- 12102115 281101 20151202 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 1,107.57 20151216 12812015 100331 MN DEPT OF LABOR & INDUSTRY (EFT) 56.04- LESS 2% RETENTION NOV 281102 20151130 1001.4099 PERMIT -OTHER GENERAL FUND REVENUE 2,802.20 PERMIT SURCHARGE NOV 281102 20151130 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 2,746.16 20151217 12!10!2016 100000 MN DEPTOF REVENUE 1,413.00 SALESIUSE TAX - GENERAL FUND 281405 20151210 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 3.00- SALESIUSE TAX -CABLE RESERVE 281405 20151210 2010,2330 DUE TO OTHER GOVERNMENT CABLE TV RESERVE BALANCE SHEET 12,059.00 SALESIUSE TAX - LIQUOR #2 281405 20151210 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 21,790.00 SALESIUSE TAX- LIQUOR #3 261405 20151210 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 32,426.00 SALESIUSE TAX - LIQUOR #1 281405 20151210 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 2,686.00 SALESIUSE TAX -GOLF 281405 20151210 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 4,545.00 SALESIUSE TAX -ARENA 281405 20151210 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 1,748.00 SALESIUSE TAX -WATER & SWR 281405 20151210 5300.2330 DUE TO OTHER GOVERNMENT WATER & SEWER FUND BAL SHEET 5.00- SALESIUSE TAX -STORM DRAIN 281405 20151210 5500.2330 DUE TO OTHER GOVERNMENT STORM DRAIN UTIL BALANCE SHEET 4.00- SALESIUSE TAX- STREET LIGHT 281405 20151210 5800.2330 DUE TO OTHER GOVERNMENT STREET LIGHT UTIL FUND BAL SHT 76,655.00 0 971,642,93 Grand Total y' Payment Instrument Totals t }� Checks 683,874.95 t EFT Payments 262,693.25 V AIP ACH Payment 25,074.73 Total Payments 971,642.93 R55CKS2 LOGIS100 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Company Amount 01000 GENERAL FUND 101,373.09 02005 LGAIEQUIPMENTCERTIFICATE 29,247.00 02010 CABLE TV RESERVE FUND 1.412.00 02025 ROAD ESCROW FUND 20,551.77 02060 POLICE CRIME FUND 80.10 02090 14200 CEDAR AVE -OLD CITY HALL 2,490.97 03260 TIE DOWNTOWN REDEVELOPMENT 3,915.00 04000 CAPITAL BUILDING FUND 2,448.98 04500 CONSTRUCTION PROJECTS 3,330.70 04715 2012 IMPROVEMENTS 223.00 04900 PHYSICAL IMPROVEMENTS ESCROW F 71,46 05000 LIQUOR FUND 253,378.96 05100 GOLF FUND 7,180.47 05200 ARENAFUND 8,108.90 05300 WATER & SEWER FUND 310,756.27 05500 STORM DRAINAGE UTILITY FUND 24,815.84 05559 CONSTRUCTION PROJECTS 406.00 05800 STREET LIGHT UTIL FUND 434,70 07100 INSURANCE TRUST DENTAL FUND 1,107,57 07200 RISK MANAGEMENT /INSURANCE FUND 429,96 07400 VERF - POLICE 4,929.22 09000 PAYROLL CLEARING FUND 194,950.97 CITY OF APPLE VALLEY Council Check Summary 11/30/2015 - 12/11/2015 12/9/2015 15:50:52 Page - 1 Report Totals 971,642.93 0*0 ITEM: 5.A. 0000 000 •mss Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Regular Agenda Description: Pass Ordinance Amending "1 -2" (General Industrial) Zoning District (Recommend waiving second reading) Staff Contact: Department/ Division: Kathy Bodmer Community Development Department Applicant: Project Number: City of Apple Valley PC15 -06 -Z Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: Pass ordinance amending "I -2" (General Industrial) zoning district concerning obsolete industrial uses and bully fuel storage tanks (recommend waive second reading). SUMMARY: Obsolete Industrial Uses A total of 161.1 acres of land (1.5 % of City's land area) is zoned "I -2" (General Industrial) which allows the most intense industrial uses in the City. Parcels zoned I -2 are located in close proximity to five residential neighborhoods, parks and a high school. Some of the current permitted and conditional uses are no longer compatible with the goals and vision of the City's 2030 Comprehensive Plan. The 1 -2 zone is proposed to be amended by removing some of the obsolete and/or higher nuisance heavy industrial uses including animal slaughtering, rendering works, refuse /garbage disposal and auto wrecking and junk yards. In addition, when an I -2 use is within 1,000 feet of residential or institutional property, the ordinance provides the City Council with the authority to require berming, landscaping, orientation of activities, or a combination of methods, to minimize impacts to the nearby residential and institutional properties. Bull,- Fuel Storage Currently, petroleum storage tanks are listed as a permitted use in the I -2 zoning district with no additional requirements or standards. The proposed ordinance would allow existing bully crude oil, petroleum products or other flammable or combustible liquids storage tanks to remain as a permitted use. However, following an established date, a property owner who wishes to add or replace any fuel storage tanks in the I -2 zone that is 10,000 gallons or more, or with an aggregate total of 10,000 or more gallons, would be required to obtain a conditional use permit (CUP). Tanks of less than 10,000 gallons or with an aggregate total of tanks less than 10,000 gallons would be an allowed accessory use, but must be incidental to and an integral part of the operation of the primary use. In addition, tanks less than 10,000 gallons must obtain a fire permit and fuel dispensing permit from the Fire Department. To protect against leaks, spills and fires, the ordinance provides specific design requirements for the construction of secondary containment (berming and impervious lining for surface and groundwater protection) and fire protection. Containment berms must be able to contain a minimum of 1 -1/2 times the volume of the largest tank within the containment cell with a vertical travel time of no less than seven days. Direct fire protection/suppression must be pre- plumbed to all tanks. Foam fire protection is required for atmospheric tanks. The ordinance containment and public safety measures will be required at the time of construction of a new or replacement tank. When a CUP is issued for a new tank, containment and public safety measures will be required on the existing tanks on a schedule approved by the City. A property owner with above - ground storage tanks will be required to provide a comprehensive emergency response plan indicating how any leak, spill or fire would be managed a minimum of every five years. The public hearing for the draft ordinance amendment was held on March 18, 2015. Since that time, Staff has been working with owners of I -2 zoned properties to address issues of concern. The ordinance was amended to address the concerns raised while maintaining the clear and objective standards provided in the ordinance. The draft ordinance was created with input from staff members from Fire, Public Works, Administration, Engineering, Legal and Community Development. In addition, technical support was provided from the Above Ground Storage Tank unit of the Minnesota Pollution Control Agency (MPCA) and a fire protection study conducted by Futrell Fire, a Fire Protection Engineering firm, in 2012. BACKGROUND: The Planning Commission reviewed this item at its October 21, 2015 meeting. They voted unanimously to recommend avvroval of the draft ordinance. During its review, the Planning Commission conducted a public hearing, received comments from the property owners impacted by the amendments, thoroughly reviewed the ordinance provisions, and unanimously recommended approval of the draft ordinance. As a result, staff is recommending waiving the second reading. However, the City Council may wish to review the ordinance in two meetings as it typically does for ordinance amendments. If that is the City Council's preference, the recommended action would be to accept the ordinance for first reading. BUDGET IMPACT: N/A ATTACHMENTS: Map Ordinance Background Material Background Material Presentation j �J �I 1 j � -- t k '- ' �% v Q •\ �> \ ,5 �� `' - r _ r -1 4 i< � .a —J � -\ r' \\, f � 4�r 'I T o JY y .^( 2P2 � �'T��_z it I I J '���. 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W.- .. ,.� I il o ID t - -- — -- --- -- - I w I 1 " [ I r -- 147TH ,rl nSAMS MENARD�I MAGELLAN : ' - ll ryBTN N I m if �) 1 - ,--T B I I::'. F. 4t I I Sr Hi - _v if : GADWELL ST � - A iL Ii i a" - - I II a�• d ii• X a FLORENCETRL L KWIK I A i -- - /wmul - 1.'- I i= - TRIP u�a oR_ -� - �-- -- - - -- -- -. l - - --}-- w o .� . -------- -- -- - J I > r -, --- II i- 150TH ST W — - 1- - -- -- - - � I -- HILLCREST _._._- _._._ -_ -_._ _ _ -_ ._._ _._ -_ ,l -_ -_ -�- a- '•_ IHILLCREST2ND I ACRES 3RD r - ES� -151ST ST .W T._ . HOME DEPOT I r -- _" "_-- -_ -_;' { i _GABELLA ST -- ---- I . I I \ ' 'd' � <- _ .. a __._. 1521D ST W 1 z i \ \ Q l i i '"• _ 10, FLORIST CIR _ - __ I { > { -_� FORTING ST L _ w • - Jr. I is � j I coji _153RD ST W - E ------ -- — ¢ ,c J i� -`/ ! , -- v -o I I �A7 w l i I t /, w ! '� Zon ed _ I I - LL 154TH ST W ,,, B uff e r I.. _ -_._ FLIGHT rNA1' 1 ­� \ \ I l / I /� - - - --- ------------------ � -_ ltJ CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE ENTITLED ZONING BY AMENDING SECTIONS 155.216, 155.217, 155.218 AND 155.219 REGARDING PERMITTED, CONDITIONAL & PERMITTED ACCESSORY USES IN I -2 DISTRICTS AND REGULATIONS RELATED TO PETROLEUM STORAGE TANKS The City Council of Apple Valley ordains: Section 1 . Section 155.216 of the Apple Valley City Code is hereby amended to read as follows: § 155.216 PERMITTED USES. Within any I -2 district, no structure or land shall be used except for one or more of the following uses, or uses deemed similar by the City Council: (A) Any use permitted in the I -1 district, as regulated therein, unless otherwise permitted by this section; (B) The manufacturing, compounding, assembly, packaging, treatment or storage of the following products or materials: brewing, cement, concrete, stonecutting, brick, glass, batteries (wet cell), ceramic products, millworking, metal polishing and plating, paint (pigment manufacturing), vinegar works, rubber products, plastics, meat - packing (no on -site slaughtering of animal (s) permitted) flour, feed, grain milling ar s, distillation of bones sawmill, lime, gypsum, plaster of Paris, glue, size, cloth and similar uses; (C) ran„ e oil, gasoline or oth ': -sStorage tanks consisting of or for the storage of bulk crude oil, liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible liquids that were present and in operation on an I -2 property as of January 1, 2015, provided any storage tank replaced or added on the site or on contiguous parcels under the same operation shall be subject to the condition use permit or permitted accessory use regulations herein as applicable and (D) Storage of construction materials of all types completely within a building. Section 2 . Section 155.217 of the Apple Valley City Code is amended to read as follows: § 155.217 PERFORMANCE STANDARDS. All uses in the I -2 district shall not generate noise, odors, glare, heat, dust, vibration or other influences so as to constitute a detrimental effect upon the public health or safety. When an I -2 1 (General Industrial) district is located within 1,000 feet of property zoned for residential or institutional uses, the City Council may require screening, berming, landscaping, orientation of activities, or a combination thereof on the property to minimize impacts on adjacent properties. Section 3. Section 155.218 of the Apple Valley City Code is hereby amended to delete clauses (C), (D), (E) and (F) and to add clause (M) or as may be renumbered accordingly with the deletion of the other clauses to read as follows: § 155.218 CONDITIONAL USES. Within any I -2 district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: uses (F=) AtAa wfeeking, juakyar-d, used at4a pai4s (open star-age) and similar- (F) ineiner-ation or- r-edtietian of waste fnater-ial other- than eustemar-ily ineidental to -a (M) Storage tank(s) with a holding capacity of 10,000 gallons or more or an aggregate of tanks with a holding capacity of 10,000 gallons or more that consist of or are for the storage of bulk crude oil, liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible liquid that is constructed /installed or a replacement of any existing tank on the property or on contiguous lots or parcels of land under the same operation on or after January 1, 2015, subject to the following conditions: (1) Above ground tanks shall comply with the following conditions: (a) All tanks on the property, including any tank existing on the property as of the date of the conditional use permit application, shall have secondary containment installed as provided herein. For new or replacement tanks, the secondary containment shall be installed at the time of the construction /installment of the new or replacement tank. For any tank existing on the property as of the date of the conditional use permit application, the secondary containment areas shall be installed pursuant to a schedule approved by the City. If a secondary containment area contains tanks storing more than one type of substance, then the substances must be compatible with each other as determined by the City's Fire Chief. (b) Secondary containment areas shall consist of materials that are impermeable to and compatible with the stored substances for which the secondary containment 2 serves and that will prevent a release into the environment, including horizontal release over the ground surface and vertical release into the underlying groundwater. (c) Secondary containment areas shall be designed consistent with secondary containment standards set forth in Minnesota Rules 7151.5400 (and as may be amended hereafter). Secondary containment areas shall be of a size that will provide containment of one and one -half times the total volume of the largest tank protected by the containment berm, as verified through post- installation volumetric survey. Secondary containment areas shall be constructed of material of sufficient tightness and thickness that will allow a vertical travel time by the stored substance through the containment material of no less than seven days, as verified through manufacturer's data for synthetic materials and through post- installation permeability testing for clay materials. The owner /operator of the storage tanks shall have all secondary containment construction required herein be inspected, tested and certified in writing to conform with the requirements of this Clause (M) by licensed professional engineer certified in petroleum storage tank construction immediately after construction has been completed and prior to filling new or replacement storage tanks for the first time. ( d ) Access roads that are capable of supporting the City's fire apparatus shall be constructed to provide full access around and within 150 feet of each tank. The access road shall meet the fire apparatus road design specifications as provided in the Minnesota State Fire Code, Chapter 5, and as may be amended hereafter. (e) Upon petition of the operator, the City's Public Works Director and Fire Chief, in their sole discretion, may jointly recommend approval of the use of an alternative secondary containment design in lieu of the requirements herein, provided the proposed alternative containment area is designed by a Minnesota licensed professional engineer and said engineer certifies that the alternative design alternative design equivalently meets the requirements provided in sub - clause (c) herein. (f) When a facility containing storage tanks is expanded, the City may require the applicant to conduct and submit to the City _ground water susceptibility studies and fire safety and emergency response analysis within 90 days of the Cit which will not be requested more than every five 5) years unless a fire or a leak/spill of product on the site has occurred earlier. (g) Direct fire suppression /protection system(s) shall be installed on site for all storage tanks. For new or replacement tanks, the fire suppression /protection system(s) shall be installed at the time of the construction /installment of the new or replacement tank. For the tank (s) existing on the property as of the date of the conditional use permit application, the fire suppression /protection system(s) shall be installed pursuant to a schedule approved by the City. Where required by the Fire Chief, atmospheric tanks shall have foam fire protection systems with all foam concentrate material stored on the property with the minimum amount of foam concentrate stored on the property required to extinguish the largest storage tank on site and pre - plumbed to the fire suppression /protection system(s). 3 (h) Upon petition of the operator, the City's Public Works Director and Fire Chief, in their sole discretion, may jointly recommend approval of the use of an alternative fire suppression system (s) in lieu of the requirements herein, provided the proposed alternative system is designed by a Minnesota licensed fire protection engineer and said engineer certifies that the alternative design equivalently meets the requirements provided in sub - clause ( herein. (2) Below ground tanks (buried) shall comply with all rules and regulations thereof as established by the Minnesota Pollution Control Agency_ (3) Prior to the issuance of a conditional use permit hereunder, the owner and operator of the storage tank(s) shall submit to the City a comprehensive emergency response plan addressing any leak/spill or fire at the property. The plan shall be updated and submitted to the city every 5 years from the date of issuance of the conditional use permit. Section 4 . Section 155.219 of the Apple Valley City Code is hereby amended to add new clause, which shall be properly numbered upon approval, to read as follows: § 155.219 PERMITTED ACCESSORY USES. Within any I -2 district, the following accessory uses, or uses deemed similar by the City Council, are permitted: ( ¶) Above ground storage tank(s) consisting of or for the storage of bulk crude oil, liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible liquid with a holding capacity of less than 10,000 gallons or an aggregate of storage tanks with a holding capacity of less than 10,000 gallons on the property, provided: (1) The storage and use of the liquid stored in the tanks are incidental to and an integral part of the operation of the principle use on the property, and (2) All storage tanks shall provide secondary containment and have fire suppression s sus) as required by the Minnesota State Fire Code and as required by the City's Fire Chief as may be necessary due to the liquid stored, the topographical conditions of the site and surrounding area, the size and height of the tank(s), or the proximity of the tanks to surrounding, property uses. Section 5. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 6 . Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 4 Section 7 Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this day of , 2015. Mary Hamann - Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 5 CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE ENTITLED ZONING BY AMENDING SECTIONS 155.216, 155.217, 155.218 AND 155.219 REGARDING PERMITTED, CONDITIONAL & PERMITTED ACCESSORY USES IN I -2 DISTRICTS AND REGULATIONS RELATED TO PETROLEUM STORAGE TANKS The following is the official summary of Ordinance No. approved by the City Council of Apple Valley on This ordinance amends the use and regulation of storage tanks consisting of or for the storage of bulk crude oil, liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible liquids. A storage tank having a holding capacity of 10,000 or more gallons or an aggregate of tanks having a holding capacity of 10,000 or more gallons installed after January 1, 2015 shall be to a conditional use permit. A storage tank having a holding capacity of less than 10,000 gallons or an aggregate of tanks having a holding capacity of less than 10,000 gallons is a permitted accessory use provided the liquids stored in the tanks are incidental to and an integral part of the operation of the principle use on the property. The ordinance also deletes, as permitted uses, coal or tar asphalt distillation, rendering works, and distillation of bones. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street West, Apple Valley, Minnesota 55124. Effective date. This ordinance shall take effect upon its passage and publication. 6 OGG* •i• of 71 QQ 147th Street W Telephone (952) 953 -2500 Cit Appl Fax (952) 953 -2515 jl�^ Apple Valley, MTV 55124 -9016 www.cityofapplevalley.org y October 2, 2015 Bruce W. Heine, Director, Government & Media Affairs Austin McClain, Manager, Blending Compliance and Logistics Magellan Midstream Partners LP One Williams Center, MD: 31 Tulsa, OK 74172 Dear Mr. Heine and Mr. McClain, Thank you for your feedback to the City's draft ordinance amending the 1 -2 (General Industrial) zoning district related to bulk fuel storage tanks. City staff has reviewed Magellan's requested changes, as well as received input from the City Attorney. The City has no objection to some of the requested changes which have been added to the draft ordinance. I have enclosed a copy for your convenience. The revised ordinance amendment is scheduled to be on the Planning Commission agenda for its October 21, 2015, meeting. The City of Apple Valley wants to ensure that the Magellan Bulk Fuel Storage Facility at 6451 -150 Street West has the highest levels of public safety, fire and ground water protection. The Magellan facility is located in an area with highly permeable gravel soil. In addition, the facility is located in the center of our community. When the first tank was constructed in 1954, Apple Valley was a rural township. Today, Apple Valley is a growing suburban community with over 50,000 residents. Magellan's requested revisions to the draft ordinance amendment eliminated the objective and well - defined standards set out in the City's draft for any containment area and fire protection system required in the future. To accomplish our objective to provide for public safety and health as may be impacted by the operation of Magellan's facility, we must have an ordinance that has standards and regulations that are unambiguous, definitive and objective. The City's Fire Marshal, Roy Kingsley, sent a letter to Magellan in 2011 stating that there is a lack of a fire protection system at the facility. After the significant spill that occurred on the site in February 2012, Magellan undertook a containment susceptibility study which found that there are areas within the existing containment berms that will allow infiltration of petroleum products in the event of another spill. We recognize that a few steps have been taken to improve the site, including assisting with the lowering of the pipeline and the extension of services on the north side of the site. However, the City is concerned that, since 2011, Magellan has made little real progress toward making .improvements to address the fire protection and ground water protection vulnerabilities at the facility. Over the last several months of discussion with Magellan, completing work on the ordinance was secondary to, in partnership, developing and implementing a plan for the installation of full fire and public safety protection measures and containment measures that provides sufficient time for a clean- up in advance of damaging infiltration to ground water. The objective, establishing plans within a definitive time frame to upgrade the existing acility, has never been forth coming. Nome of the Minnesota Zoological Garden Magellan Midstream Partners October 2, 2015 Page 2 In view of the current situation at the Magellan Bulk Fuel Storage Facility in Apple Valley, MN, the City of Apple Valley finds it is in the best interest of our community to proceed with the ordinance. City staff would be happy to participate in planning studies and further discussion, but corrective action is needed to address the site's current vulnerabilities. The ordinance will provide protections for the City until the more in -depth study and discussions can be completed. If you have any questions, feel free to contact me at (952) 953 -2576. Sincerely, CITY OF APPLE VA LEY ti a Bruce Nordquist, AICP Community Development Director P.3 MAGELLAN" Bruce W. Heine Director Government and Media Affairs Once Williams Center MD 27 Tulsa, OK 74172 October 13, 2015 Mr. Bruce Nordquist Community Development Director City of Apple Valley 7100 147 Street W Apple Valley, MN 55124 -9016 RE: City of Apple Valley Draft Ordinance Dear Mr. Nordquist: Thank you for your October 2, 2015 letter regarding the Draft Ordinance amending the I -2 zoning within the City of Apple Valley. We appreciate your recognition that we have taken action to protect the environment and enhance overall operations at the facility. As you know, we are proud to be a corporate citizen in Apple Valley and we continue to look forward to a strong working relationship with the City. It is a top priority for Magellan to operate our facility in Apple Valley and throughout the twenty -four states where we have assets in compliance with all laws and regulations. We will comply with the provisions of any rule, law or Ordinance adopted by a legislative or regulatory body which regulates our company and assets. We offered several suggestions on the draft Ordinance to City staff which were not included in the most recent version. While there are several provisions in the Ordinance we agree with, we believe the entire Ordinance will not ultimately achieve the objectives of the City or Magellan. Specifically, we do not believe the provisions contained in the most recent version of the Ordinance provide efficient methods of addressing potential incidents at the facility which may lead to a release of refined petroleum products or a tank fire. Making modifications at our facility is not just a matter of economics. We desire to make modifications based on science and practical experience as a leader in our industry. We look forward to working with you and your colleagues at the City of Apple Valley in the future as a valued stakeholder in the community. After all, the entire state of Minnesota depends on our Apple Valley facility to store and distribute adequate quantities of refined petroleum products to meet the needs of the state's consumers. Sincerely, A - Bruce W. Heine 12/22/2015 I -2 (General Industrial) Zone Amendments City Council Meeting December 22, 2015 A �valley ■ Proposed Ordinance Amending I -2 (General Industrial) Zoning District 1 Delete Obsolete and High Nuisance Industrial Uses 2 Provide Additional Performance Standards for Bulk Fuel Storage Tanks Apd valley 1 12/22/2015 I -2 (General Industrial) Zoning 27 � 161.1 Acres 1.5% Land Area 0 j /��, • 1 -2 allows most aom] %!% intense industrial uses ❑ � 0 s, 1 2 l eoea� �ndu dz�, F-1 F-Tm Apd valley ■ 1,000' Distance from I -2 h1I ■ 2 12/22/2015 Delete Obsolete and Heavy Nuisance Industrial Uses 1. From Permitted Uses: -On -site slaughtering of animals rCoal or tar asphalt distillation y Rendering works y Distillation of bones 2. From Conditional Uses: Refuse or garbage disposal Activity that emits smoke darker than Shade No. 3 on the Ringelmann Chart Auto wrecking, junkyard, used auto parts (open storage) and similar Apd valley Incineration or reduction of waste material other than ■ customarily incidental to a primary use. Provide authority to require screening, landscaping, etc. to protect adjacent sensitive uses • When 1 -2 development occurs within 1,000 feet of residential or institutional property • City Council may require: °Screening Berming Orientation of activities -Or combination of strategies APd i%alley ■ 3 12/22/2015 Current I -2 Zone Requirements for Bulk Fuel Storage § 155.216 PERMITTED USES. Within any 1 -2 district, no structure or land shall be used except for one or more of the following uses, or uses deemed similar by the City Council: (C) Crude oil, gasoline or other liquid storage tanks; City's Priority: Protect the environment (surface /ground water) Protect public safety (leaks, spills, fire) Apdvalley ■ Status of Existing Bulk Fuel Storage Tanks Those that are existing and in operation in 1 -2 continue to be permitted uses in the zoning district. 2. Any tanks added or replaced after [Placeholder Date], are subject to either a conditional use permit (CUP) or accessory use regulations. Apd valley 4 12/22/2015 Less than 10,000 Gallons - Accessory Use • Tanks (or aggregate total of tanks) less than 10,000 gallons allowed as permitted accessory use with conditions: Incidental to and integral with primary use. Must obtain Fuel Dispensing Permit from Fire Dept - Typically 9,000 !.- Gallons "pdValle I Tanks Greater than 10,000 Gallons - CUP Required 1. Environmental Protection Requirements: Must provide both horizontal and vertical spill and leak protection through secondary containment (berming and impervious lining). Post - installation inspection must confirm containment area of 1 -1/2 times the total volume of the largest tank in the containment berm and vertical travel time of no less than 7 days through the containment section. Apd valley 5 12/22/2015 Tanks Greater than 10,000 Gallons 1. Environmental Protection Requirements (Cont'd): Containment area must be designed and constructed consistent with MN Rules 7151.5400 (MPCA Above - ground storage tank containment design requirements). Operator may petition Public Works Director and Fire Chief, who may approve an alternative secondary containment design, provided alternative designed by MN licensed engineer and certifies alternative equivalently meets the requirements of MN Rules 7151.5400. Apd Timing of Environmental Improvements 1. Environmental Protection Requirements (Cont'd): New or replacement tanks — secondary containment must be installed when new tank constructed. Existing tanks — when CUP issued for new or replacement tanks, secondary containment shall be installed on existing tanks according to a schedule approved by the City. APdvalley 6 12/22/2015 Tanks Greater than 10,000 Gallons 2. Public Safety Improvements Required: Access roads capable of supporting fire apparatus providing full access within 150 ft. of each tank required. Direct fire protection /suppression shall be pre - plumbed to all tanks. In the case of atmospheric tanks, foam fire protection is required with foam concentrate material stored on site. Apd valley ■ i Tanks Greater than 10,000 Gallons 2. Public Safety Improvements (Cont'd): Alternate Design: Operator may petition Public Works Director and Fire Chief, who may approve an alternate fire suppression system, provided alternative designed by MN licensed fire protection engineer and certifies alternative equivalently meets the requirements of the ordinance. Apd valley 7 12/22/2015 Public Safety Protection Elements 2. Public Safety Improvements (Cont'd): When facility expanded, City may require ground water susceptibility studies, fire safety and emergency response analysis. City will not require more than every 5 years unless fire or leak /spill occurs earlier. Prior to issuance of a conditional use permit, owner and operator must submit a comprehensive emergency response plan �>> addressing any leak and /or fire. Must be updated every 5 years. Timing of Public Safety Improvements 2. Public Safety Improvements (Cont'd): New or replacement tanks —fire protection must be installed when new tank constructed. Existing tanks — when CUP issued for new or replacement tanks, fire protection shall be installed on existing tanks according to a schedule approved by the City APO . ,,y 8 12/22/2015 Public Outreach • Public Hearing Held March 18 2015 • 41 total notices mailed to property owners and tenants of 1 -2 (General Industrial) zoned property along with copy of draft ordinance. Owners of 1 -2 property support eliminating high nuisance industrial uses. No objection to proposed deleted uses. Apd valley Ordinance Feedback Owners of smaller above - ground tanks concerned about need for CUP for any and all tanks. Ordinance revised so that a tank (or aggregate total of tanks) less than 10,000 gallons permitted accessory use with conditions. Apd valley 9 12/22/2015 Ordinance Feedback Concern expressed about specific elements of the fire protection and secondary containment requirements for new bulk fuel storage tanks. City priority is to ensure highest levels of fire, public safety and ground water protection. City priority also to have clear and objective standards in the ordinance. Ordinance modified to allow an alternate design for fire protection and secondary containment, but an engineer must certify the alternative design meets the standards provided in the ordinance. Ordinance Feedback Concern expressed about the timing for upgraded secondary containment and fire suppression/ protection on the existing facility. New and replacement tanks would need to meet the new requirements. Existing tanks would be required to be put on a schedule for retrofit approved by City when new or replacement tank is installed. Apple �iie 10 12/22/2015 Planning Commission Recommendation At its meeting of October 21, 2015 the Planning Commission voted unanimously recommend approval of Draft Ordinance Amending 1 -2 (General Industrial) Zoning District Related to Obsolete Uses and Bulk Fuel Storage. Apd valley ■ Recommended Motion Adopt Ordinance amending "1 -2" (General Industrial) zoning district concerning obsolete industrial uses and bulk fuel storage (recommend waive second reading). Or Accept for first reading the draft ordinance amending the "1 -2" (General Industrial) zoning Apd valley district. ■ 11 12/22/2015 Questions? Apd valley Ringelmann Scale? Fshou HE RINGELMANN SCALE FOR GRADING DENSITY OF SMOKE E D J 2 3 4 5 ER ALL m �� i 2,3 3.7 5.5 BLACK S mm � � � 77 � 53 ® ■ hould stand 30 -300 m from stack, and hold scale at arm's length. then determine the shade in the chart most nearly corresp onding e of the smoke. Care should be taken to avoid either bright sun- k buildings in the background. AII ley 12 :�0 ITEM: 5.13. 000 Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Regular Agenda Description: Pass Ordinance Amending Chapter 30 of the City Code, Regulating Municipal Office Candidacy Filing Fees (Second reading) Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Pass the ordinance amending Chapter 30 of the City Code regulating municipal office candidacy filing fees. SUMMARY: Attached for your consideration and second reading is an ordinance amending Chapter 30 of the City Code entitled "City Council ", by adding Section 30.06 regulating municipal office candidacy filing fees. Recent legislation allows second class statutory cities to adopt, by ordinance, a municipal office filing fee up to $40.00. The amendment would set the municipal office candidacy filing fee at $40.00. The proposed ordinance was prepared by the City Attorney's office. BACKGROUND: The first reading of the ordinance as held December 10, 2015. No comments from the public have been received since the first reading. BUDGET IMPACT: N/A ATTACHMENTS: Ordinance CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE III CHAPTER 30 OF THE CITY CODE ENTITLED "CITY COUNCIL" BY ADDING SECTION 30.06 REGULATING MUNICPAL OFFICE CANDIDACY FILING FEES The City Council of Apple Valley ordains: Section 1 . Chapter 30 of the Apple Valley City Code is hereby amended by adding Section 30.06 to read as follows: § 30.06 COUNCIL CANDIDACY FILING FEE. At the time of filing an affidavit for candidacy for municipal office in accordance with Minnesota state law, a filing fee of $40.00 shall be submitted therewith. Section 2 . Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this 22nd day of December, 2015. Mary Hamann - Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk :�0 ITEM: 5.C. 00* Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Regular Agenda Description: Adopt Resolution Appointing Member to Fill Vacancy on Traffic Safety Advisory Committee Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution appointing a member to the Traffic Safety Advisory Committee for a term expiring March 1, 2018. SUMMARY: Two applications for the Traffic Safety Advisory Committee were received by the deadline and provided to you under separate cover. Listed below are the names of the individuals interested in serving on the Traffic Safety Advisory Committee. Dennise Herskind Fernando Puente There is one vacancy. This appointment has a three -year term expiring March 1, 2018. If the City Council would like to proceed with filling the vacancy, ballots will be distributed. A copy of the resolution establishing procedures for appointing committee members is attached for your reference. BACKGROUND: On September 24, 2015, the City Council authorized accepting applications to fill the Traffic Safety Advisory Committee vacancy through October 31, 2015. On October 22, 2015, the Council extended the deadline to November 30, 2015. BUDGET IMPACT: NA ATTACHMENTS: Background Material Resolution CITY OF APPLE VALLEY RESOLUTION NO. 1997 -165 A RESOLUTION ESTABLISHING A PROCEDURE FOR APPOINTMENT TO FILL POSITIONS ON COMMISSIONS AND COMMITTEES WHEREAS, the City Council has established advisory commissions and committees whose members are appointed by the Council and any vacancies during a term are also filled by Council appointment, and WHEREAS, the City Council desires to establish a written procedure by which to make such appointments, and WHEREAS, this procedure will be used as a preliminary process and not a binding Council action; further Council action, by motion, will be necessary to appoint candidates for the positions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following procedure will be used to reduce the number of candidates considered by the Council in making appointments to advisory commissions and committees and to fill any vacancies thereon: 1. The Mayor will call for nominations for a position or positions from the Councilmembers. 2. A nominee may decline the nomination at any point up to the time that nominations are closed. 3. When no further nominations are offered, the Mayor will close nominations. 4. If the number of nominations is equal to the number of positions to be filled, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint to the position of VV Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. 5. If the number of nominations is greater than the number of positions to be filled, a written roster will be prepared listing the nominees and the Council shall proceed in the following manner: a) On the first round, and any subsequent rounds, each Councilmember shall, in writing, select that certain number of names which is one less than the total number of the names appearing. b) After the City Clerk has received the selection from each Councilmember, the City Clerk shall record the selection and announce the remaining names. c) Any name or names not having been selected by more than two of the Councilmembers shall be stricken by the City Clerk from the succeeding round and shall no longer appear as a name(s) to be considered by the Council; except that, if after selection by the Council there results a tie between or among all the names appearing on the round, the Council, in writing shall again select until one or more names have been stricken; provided, however, that if such a situation exists, the Council shall not reselect more than three times. In such a situation, the process shall end. Otherwise, the process shall end when only one name remains. d) After the process has ended, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint to the position of Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. ADOPTED this 10th day of July, 1997. /s/ Gary L. Humphrey Gary L. Humphrey, Mayor ATTEST: /s/ Mary E. Mueller Mary E. Mueller, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2015 - RESOLUTION APPOINTING TRAFFIC SAFETY ADVISORY COMMITTEE MEMBER WHEREAS, Section 32.02 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Traffic Safety Advisory Committee; and WHEREAS, a vacancy now exists on the Traffic Safety Advisory Committee due to the resignation of Laura Turek. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that is hereby appointed to the Traffic Safety Advisory Committee. BE IT FURTHER RESOLVED that members of the Traffic Safety Advisory Committee are then as follows: Name Term Expires 1. Linda Dolan March 1, 2016 2. Matt Saam March 1, 2016 3. Joe Shaw March 1, 2016 4. Nick Francis March 1, 2017 5. Arthur Zimmerman March 1, 2017 6. Charles Grawe March 1, 2018 7. March 1, 2018 ADOPTED this 22nd day of December, 2015. Mary Hamann - Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk °* ITEM: 7. •save •s• Apple COUNCIL MEETING DATE: December 22, 2015 Valley SECTION: Calendar of Upcoming Events Description: Approve Calendar of Upcoming Events Staff Contact: Department/ Division: Stephanie Marschall, Deputy City Clerk City Clerk's Office ACTION REQUESTED: 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 City Council. SUMMARY: Day /Date Time Location Event Tue./Dee. 22 Mu niempal Gentef ED Meeting - CANCELED Tue. /Dec. 22 7:00 p.m. Municipal Center Regular City Council Meeting Thur. /Dec. 24 City Offices Closed Christmas Floater Fri. /Dec. 25 City Offices Closed Christmas Holiday Observed Tue. /Dec. 29 2:30 -4:00 p.m. Municipal Center Roy Kingsley Retirement Open House Fri. /Jan. 1 City Offices Closed New Year's Day Wed. /Jan. 6 7:00 p.m. Municipal Center Planning Commission Thur. /Jan. 7 7:00 p.m. Municipal Center Parks & Recreation Committee Fri. /Jan. 8 1:00 -4:00 p.m. Eagan Bus Garage Beverley Miller (MVTA) Retirement Open House Wed. /Jan. 13 7:00 p.m. Municipal Center Traffic Safety Advisory Committee Thur. /Jan. 14 5:30 p.m. Municipal Center Informal City Council Meeting Thur. /Jan. 14 7:00 p.m. Municipal Center Regular City Council Meeting Sat. /Jan. 16 6:00 -9:00 p.m. Valleywood Apple Valley Arts Foundation Clubhouse Frozen Apple Winter Concert Series Mon. /Jan. 18 City Offices Closed Martin Luther King Jr. Day Tue. /Jan. 19 2:00 p.m. Municipal Center Cemetery Advisory Committee Wed. /Jan. 20 7:00 p.m. Municipal Center Planning Commission Fri. /Jan. 22 6:00 -10:00 p.m. Apple Valley Senior City of Apple Valley Employee Center Service Recognition Event Wed. /Jan. 27 9:00 a.m. Municipal Center Firefighters Relief Association Thur. /Jan. 28 6:00 p.m. Municipal Center EDA Meeting Thur. /Jan. 28 7:00 p.m. Municipal Center Regular City Council Meeting BACKGROUND: Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. BUDGET IMPACT: N/A