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HomeMy WebLinkAbout04/22/2021 Meeting ••• ••••• Meeting Location: Municipal Center • Appiell 7100 147th Street West Val ley Apple Valley, Minnesota 55124 April 22, 2021 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 April 8, 2021, Regular Meeting B. Approve State Gambling Exempt Permit for Combat Veterans Motorcycle Association 48.7 at Bogart's Entertainment Center, 14917 Garrett Avenue, on July 24, 2021 C. Adopt Resolution Approving 2020 Intel-fund Transfers D. Adopt Resolution Amending 2020 Operating Budget for Year End Items E. Adopt Resolution Amending 2021 Operating Budget for Specific Items F. Proclaim April 30, 2021, as "Arbor Day" and May 2021 as "Arbor Month" G. Proclaim May 2-8, 2021, as "Drinking Water Week" H. Apple Valley East Commercial 2nd Addition 1. Adopt Resolution Approving Final Plat and Development Agreement 2. Approve Stormwater Maintenance Agreement I. Apple Valley Square 6th Addition 1. Adopt Corrected Resolution Approving 145-Stall Parking Variance on Lot 1, Block 1,Apple Valley Square 6th Addition 2. Adopt Corrected Resolution Approving Site Plan/Building Permit Authorization for Construction of 3,060 Sq. Ft. Bank with Drive- thru on Lot 2, Block 1,Apple Valley Square 6th Addition 3. Adopt Resolution Approving Final Plat and Development Agreement J. Project 2021-146, Pennock Retail Center Sanitary Sewer Lining 1. Adopt Resolution Accepting Easements and Approving Utility Easement Agreement 2. Approve Cost Sharing Agreement with Delta V AV, LLC K. Apple Valley Commerce Center (6080 147th Street W.) 1. Adopt Resolution Completing Vacation of Drainage and Utility Easements on Outlot B, Menards at Hanson Concrete (Preliminary Platted as Lot 1, Block 1, Apple Valley Commerce Center) 2. Adopt Resolution Approving Final Plat, Development Agreement, and Associated Agreements 3. Approve Sub-Recipient Agreement with Scannell Properties #281, LLC, for MN Depailiiient of Employment and Economic Development (DEED) Contaminated Site Clean Up Grant, Requiring Local Match L. Approve Contamination Cleanup Grant Contract Agreement with Minnesota Depailnnient of Employment and Economic Development (DEED) for Apple Valley Commerce Center Project at 6080 147th Street W. M. Approve Acknowledgment of Contractor for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter N. Adopt Resolution Awarding Agreement for Project 2021-104, Greenleaf Elementary Galaxie Pedestrian Crossing O. Adopt Resolution Awarding Agreement for Project 2021-114, 146th Street Court Sanitary Sewer Improvements P. Adopt Resolution Awarding Agreement for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts Q. Approve Joint Powers Agreement with Dakota County for 2021 Sentence to Service (STS) Program Work Crews R. Approve Agreement with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO for Fireworks Display on July 4, 2021 S. Approve Personnel Report T. Approve Claims and Bills U. Adopt Resolution Amending 2021 Pay and Benefit Plan 5. Regular Agenda Items A. Proclaim April 18-24, 2021, as "Volunteer Recognition Week" in Apple Valley B. Adopt Resolution Approving Temporary Amendment to On-Sale Liquor License Premises for Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews, 15560 Cedar Avenue C. Panera Bread Restaurant, 15200 Cedar Avenue 1. Adopt Resolution Approving Conditional Use Permit for Drive- Thru Window Service, Including Rapid Pick-Up Lane 2. Adopt Resolution Approving Site Plan/Building Permit Authorization to Construct 4,300 Sq. Ft. Restaurant D. Pass Ordinance Amending Chapter 155 to Allow Incidental Sales in Institutional Zoning District 6. Staff and Council Communications 7. Approve Calendar of Upcoming Events 8. Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.cityofapplevalley.org •••• ITEM: 4.A. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Approve Minutes of April 8, 2021, 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 April 8, 2021. 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 April 8, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 8, 2021, at 7:00 o'clock p.m. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Planner Bodmer, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Police Captain Francis, Division Specialist Pagel, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. OATH OF OFFICE The City Clerk administered the oath of office to Councilmember Melander. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hooppaw asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. Dennis and Cheryl Kelly, on behalf of Lions Club International, commented on the organization and their interest in starting a Lions Club in Apple Valley. CONSENT AGENDA Mayor Hooppaw asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 2021 Page 2 MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of March 25, 2021, as written. Ayes - 3 -Nays - 0 -Abstain- 2 (Bergman and Melander). MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on the revised date of May 1, 2021, at Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting permit for State approval. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, receiving the Planning Commission's 2020 annual report. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving continuation of the Commission/Committee Recognition Program, allowing each non-staff member of the Cemetery Advisory Committee, Parks and Recreation Advisory Committee, Planning Commission, Telecommunications Advisory Committee, Traffic Safety Advisory Committee, and Urban Affairs Advisory Committee to receive up to $720.00 of parks and recreation services, for 2021, as described in the Park and Recreation Director's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-64 approving 2021 Special Assessment Roll No. 674, for hearing purposes, in the total amount of$2,697.00 for delinquent false alarm charges, and setting the public hearing, at 7:00 p.m., on May 13, 2021. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, ado5pting Resolution No. 2021-65 approving 2021 Special Assessment Roll No. 675, for hearing purposes, in the total amount of$133,045.27 for delinquent utilities, and setting the public hearing, at 7:00 p.m., on May 13, 2021. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-66 approving 2021 Special Assessment Roll No. 676, for hearing purposes, in the total amount of$2,341.80 for delinquent diseased tree removal and nuisance charges, and setting the public hearing, at 7:00 p.m., on May 13, 2021. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-67 approving and levying 2021 Special Assessment Roll No. 672, for Project 2019-108, Johnny Cake Ridge Road and County Road 42 Intersection Improvements. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a one-year pilot program for the assessment of City-contracted diseased tree removal costs on private property and establishing modified special assessment thresholds, as described in the Finance Director's memo. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 2021 Page 3 MOTION: of Goodwin, seconded by Grendahl, declaring certain City property as surplus; authorizing disposal of unclaimed property and surplus City property by a public sale; and approving the Agreement with Surplus Liquidation Auctions, LLC, an authorized vendor of K-BID.com, to conduct an online auction of unclaimed and surplus property, as attached to the City Clerk's, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-68 receiving the feasibility report and calling for a public hearing at 7:00 p.m. on May 13, 2021, relating to Project 2021-119, Area A Mixed Use Campus. Ayes - 5 -Nays - O. MOTION: of Goodwin, seconded by Grendahl, approving the application for coverage under the Municipal Separate Storm Sewer System(M4) General Permit, as attached to the Water Resource Specialist's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-69 consenting to the Amended and Restated Declaration of Access Easement for Cobblestreet Marketplace. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-70 awarding the agreement for Projects 2021-134, 155th and Pilot Knob Roadway Improvements, and 2021-135, Orchard Place Pilot Knob Turn Lane Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of$2,361,950.50. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-71 approving the sale of Police K-9 Duke to Zac Broughten, and authorizing the Mayor and City Council to sign the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Grant Agreements with Minnesota Board of Water and Soil Resources for Metro Watershed Based Funding, as attached to the Water Resource Specialist's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Design Agreement for Project 2021-143, Orchard Place 3rd Addition Utility Improvements, with Pulte Homes of Minnesota, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - O. MOTION: of Goodwin, seconded by Grendahl, approving the Encroachment Agreement for Project 2020-134, 155th and Pilot Knob Roadway Improvements, with Magellan Pipeline Company, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 2021 Page 4 MOTION: of Goodwin, seconded by Grendahl, approving the First Amendment to Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for Project 2020-106, Erickson Park Storm Water Improvements. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2021- 121, Quarry Point Water Tower Intermediate Rehabilitation, with Elevation Coatings, LLC, in the amount of$98,750.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2021- 139, Johnny Cake Activity Center Roofing, with Redline Architectural Sheet Metal, LLC, in the amount of$99,400.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 2019-126, 2019-2020, Outdoor Pool Water Management, with Hawkins, Inc., as complete, as described in the Parks and Recreation Director's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated April 8, 2021. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated March 18, 2021, in the amount of$760,767.71; and March 24, 2021, in the amount of$704,579.04. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA THE COVE REZONING Ms. Bodmer reviewed the request by JMH Land Development, Custom One Homes, and Randy and Carolyn Buller for rezoning, subdivision by preliminary plat, and a site plan review/building permit authorization. The property is located on the northwest corner of Diamond Path and Evermoor Parkway(13009 Diamond Path). At its meeting on March 17, 2021, the Planning Commission voted unanimously to recommend denial of the requested rezoning from "R-1" (Single Family Residential, 40,000 sq. ft.)to "PD" (Planned Development) based upon findings listed in the draft resolution. She then reviewed the specific findings. Mr. Bill Sherry, 4855 Dominica Way, said he is President of the Farquar Lake Association and is speaking on behalf of all the residents that live on the lake. They really hope the outcome is to deny the rezoning request. Mr. Brent Hislop, with Synergy Land Company, the broker representing Randy and Carolyn Buller and JMH Land Development, presented information on behalf of the applicants. He CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 2021 Page 5 commented on the layout of the proposed development, existing conditions, building pad locations and tree removals, the open space easement, the future lakeside view, design standards overview, setbacks, and erosion control. He also commented on the findings of fact. He does not believe Diamond Path has a traffic issue in terms of capacity. He displayed a revised plan which eliminated a couple of the units and increases the green space. Mayor Hooppaw said the Council is not here to discuss other concepts tonight, but must act on the item in from of them. MOTION: of Grendahl, seconded by Bergman, denying the request to rezone the 8.1 acre Buller property located on the northwest corner of Diamond Path and Evermoor Parkway from"R-1" (Single Family Residential, 40,000 sq. ft.)to "PD" (Planned Development), as recommended by the Planning Commission, and for the following reasons: 1) The density of the proposed development consisting of 17 detached villa townhomes on the site would be too many units, and incompatible with the surrounding neighborhood. 2) The physical features of the site, including the fact that the site abuts Farquar Lake contains a wetland, is heavily wooded and contains severe slopes, makes the proposed development detrimental to the lake, which is already at risk. 3) The grading plan shows that the project requires extensive grading of the site. The proposed development would result in a severe disruption to the natural area and habitat. 4) The tree plan shows that 7,064 total caliper inches of significant trees currently existing on the site. Of that, 5,292 caliper inches must be removed, or 75% of the site's significant tree inventory. The proposed development would result in a severe disruption to the natural area and habitat. 5) There was limited snow storage available on-site, limited surface visitor parking other than on-street parking, and that the Fire department had not approved the design of the private cul-de-sac and private"hammerhead"turn- around designs. Councilmember Melander said he has given careful consideration and evaluation to this proposal and is knowledgeable in lake ecology. On a number of levels, this proposal does not fit. It is too much and is out of character for the neighborhood abutting the lake. He believes this proposal is wrestling with the land, such as needing extensive retaining walls. He is worried the lake ecology will be destroyed. Councilmember Goodwin commented on the ridiculous notion that individual driveway access cannot be made to Diamond Path in this area. He noted that access to Diamond Path is a decision made by Dakota County, not the City. Vote was taken on the motion. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2021-72 containing findings of fact, conclusions, and the denial of rezoning from "R-1" (Single Family Residential, 40,000 sq. ft.) to "PD" (Planned Development); denial of a subdivision by preliminary plat; and denial of site plan/building permit CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 2021 Page 6 authorization for the 8.1 acre property located on the northwest corner of Diamond Path and Evermoor Parkway. Ayes - 5 -Nays - 0. Mayor Hooppaw thanked the Planning Commission and staff for their work on this item. ORDINANCE AMENDING CHAPTER 155 Mr. Sharpe gave the first reading of an ordinance amending Chapter 155 of the City Code, to allow incidental sales in an Institutional Zoning District. The Planning Commission held a public hearing on this item on February 3, 2021, and voted unanimously to recommend approval at its meeting on March 3, 2021. Discussion followed. MOTION: of Grendahl, seconded by Goodwin, accepting the first reading of the ordinance amending Chapter 155 of the City Code, regarding retail sales within an Institutional (P) District. Ayes - 5 -Nays - 0. COMMUNICATIONS Councilmember Goodwin commented on a bill that has been introduced by the Legislature that would negatively impact police officers if it is passed. It prohibits qualified immunity for peace officers. The League of Minnesota Cities testified against the bill and has an excellent explanation as to why it does not recommend it. MOTION: of Goodwin, seconded by Melander, declaring the City of Apple Valley strenuously opposes House File 1104 and Senate File 580, prohibiting qualified immunity for peace officers. Councilmember Goodwin then commented on a bill that would take away a city's ability to buy liability insurance for its police officers. He believes that is a terrible idea. It would require police officers to buy their own liability insurance. He wants Apple Valley's police officers to know this Council supports them. Vote was taken on the motion. Ayes - 5 -Nays - 0. Mayor Hooppaw suggested staff also have a conversation with our local legislators. Councilmember Grendahl wanted the public to know the Department of Natural Resources (DNR) has imposed restrictions and hefty fines on feeding deer in Dakota County. Police Captain Greg Dahlstrom gave a brief presentation on Severe Weather Awareness Week which is April 12-16. The sirens will go off at 1:45 p.m. and 6:45 p.m. on April 15, which is Tornado Drill Day. CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 2021 Page 7 Police Chief Rechtzigel thanked the City Council for their support of the Police Department and for officially opposing the proposed legislation which would negatively impact police officers. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, 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 Goodwin, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:09 o'clock p.m. Respectfully Submitted, /s/Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on Clint Hooppaw, Mayor •••• ITEM: 4.B. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Approve State Gambling Exempt Permit for Combat Veterans Motorcycle Association 48.7 at Bogart's Entertainment Center, 14917 Garrett Avenue, on July 24, 2021 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 Combat Veterans Motorcycle Association 48.7, for use on July 24, 2021, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. SUMMARY: Combat Veterans Motorcycle Association 48.7 submitted an application for a gambling event to be held at Bogart's Entertainment Center, 14917 Garrett Avenue, on July 24, 2021. 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. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving 2020 I nterfund Transfers Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt resolution approving 2020 interfund transfers. SUMMARY: The attached resolution summarizes by fund the interfund transfers needed to closeout a number of bond funds and construction funds and aligns revenues with expenditures. BACKGROUND: Please see the attached exhibit for additional information on each of the proposed transfers. BUDGET IMPACT: The budget impacts for each fund will be as identified in the resolution. ATTACHMENTS: Exhibit Resolution Exhibit—Approving 2020 Interfund Transfers BACKGROUND A number of bonds have been retired and the remaining funds may be transferred to the respective closed bond fund or to the Road Construction Fund in the case of the MSA Road Bonds. Description Fund Transferred from: Fund Transferred to: Transfer Amount: Close 2014 Equip. Certs 3390—2014 G.O. Eq. Cert 3075 Closed G.O. Bond $ 45,217.00 Bonds _ Fund Close 2008 Park Bonds 3355—2015B G.O. Eq. Cert 3075 Closed G.O. Bond 35,555.00 Bonds Fund _ Close 2003/09 MSA Road 3305-`03/09 MSA Bond 2025 Road Const. Fund 795,054.09 Bonds Fund The Development Construction Fund includes projects that have special assessments levied to fund the construction. This transfer funds the Developer Construction Fund by having the Closed Bond fund transfer amounts to reimburse the construction fund for project costs. The Closed Bond will then receive the special assessments in the future. Description Fund Transferred from: Fund Transferred to: Transfer Amount: 147th ST/JCRR 3205—Closed Bond Fund 4500 Development Fund $2,523,354.00 Intersection project The City received CARES Act funding in 2020 of which portions of the funding was expended out of the CARES Act Special Revenue Fund and the Small Business Assistance was distributed out of the Apple Valley Economic Development Authority Fund. This transfer provides the dollars to the disbursing funds. Description Fund Transferred from: Fund Transferred to: Transfer Amount: CARES Act Special 1000-General Fund 2110 CARES Act-Special $646,262.00 Revenue Fund Revenue Fund Expenditures CARES Act—Small 1000-General Fund 3210—EDA Fund 399,850.00 Business Assistance Program The General Fund—Fund Balance Policy calls for balances above 50%of the subsequent year General Fund Budget be transferred to the Future Capital Projects Fund. The transfer for 2020 is$2,900,000. Description Fund Transferred from: Fund Transferred Oto: Transfer Amount: General Fund Balance 1000-General Fund 4930 Future Capital $2,900,000.00 Policy Transfer Projects Funds The Cable TV Joint Powers Agency Fund —The City of Apple Valley provides the administrative operations of the Cable TV JPA. Apple Valley Funds its' portion of the costs via a transfer from the Non Peg Cable TV Franchise fee fund. The amount transferred each year matches the amounts received from Rosemount and Farmington. The transfer for 2020 is $191,746 which also includes a share of equipment purchased in 2020. Description Fund Transferred from: Fund Transferred to: Transfer Amount: Cable TV JPA—Apple 4815- Cable TV Non PEG 2010- Cable TV JPA Fund $ 191,745.66 Valley share of operations Fee Fund The Future Capital Projects Fund included $800,000 in capital outlay expenditures for the finishing of the lower level at the Municipal Center. The project was completed in the Municipal Building Fund, staff is requesting the budgeted amounts in the Future Capital Projects Fund be realigned from capital outlay to operating transfer. Description Fund Transferred from: Fund Transferred to: Transfer Amount: Municipal Center Lower 4930—Future Capital 4000 Municipal Building $800,000.00 Level Finishing Projects Fund Fund CITY OF APPLE VALLEY RESOLUTION NO. 2021- RESOLUTION APPROVING 2020 INTERFUND TRANSFERS WHEREAS, certain interfund transfers have been identified that are necessary to close out retired debt service and construction funds, to align project revenues with the project expenses and will be reflected in the completion of the 2020 financial statements. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley that the following interfund transfers be made and the budgets be approved for these transfers. Transfers In CARES Exp Sp.Rev. Closed GO Muni Bldg Const. Future Capital CABLE TV Fund Road Escrow Bond Fund EDAFUND Fund Projects Projects Fund TOTAL Fund# 2010 2110 2025 3075 3210 4000 4500 4930 Transfer Out General Fund 1000 - 646,262.00 - 399,850.00 - 2,900,000.00 ' 3,946,112.00 Cable TV Special Rev.(non-PEG) 4815 191,745.66 - - - - - - - ' 191,745.66 Closed Bond Fund 3205 - - - - - - 2,523,354.00 - ' 2,523,354.00 equipCert2014 3390 - - - 45,217.00 - - - - ' 45,217.00 Equip Cert 2015B 3400 - - - 35,555.00 - - - - ' 35,555.00 MSABond Fund 2003/09 3305 - - 795,054.09 - - - - - ' 795,054.09 Future Cap Project Fd 49301 - - - - 800,000.00 - - ' 800,000.00 191,745.66 646,262.00 795,054.09 80,772.00 399,850.00 800,000.00 2,523,354.00 2,900,000.00 8,337,037.75 ADOPTED this22nd day of April,2021 Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk •••• ITEM: 4.D. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Amending 2020 Operating Budget for Year End Items Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt resolution amending 2020 Operating Budget for year end items. SUMMARY: The City Council is requested to consider a resolution amending the 2020 operating budget for interfund transfers to be included in the year end financial statements. The transfers to be included are the year end fund balance transfer and transfers related to the CARES Act expenditures. BACKGROUND: Please see the attached exhibit for additional information on each of the proposed items. BUDGET IMPACT: The General Fund expenditure budget is increased $3,946,112 and the General Fund revenue budget is increased $4,025,355 reflecting the receipt of the CARES Act funds. The EDA Fund expenditures and revenues are both increased $399,850 for the amounts distributed under the small business assistance program. The Future Capital Projects Fund expenditures change is budget neutral, shifting from one expense account to another. The Future Capital Projects Fund revenue budget is increased $2,900,000 from the General Fund-Fund Balance transfer. ATTACHMENTS: Exhibit Resolution Exhibit-Amending 2020 Operating Budget (Council Meeting Date 4-22-21) BACKGROUND General Fund—CARES Act Funding Received(1001.4145) Amount The City received CARES Act funding in 2020 in the amount of$4,025,355.Portions of the funding was expended on public safety costs in addition to CARES Act Special $4,025,355 Revenue Fund expenditures and Small Business Assistance was distributed out of the Apple Valley Economic Development Authority Fund. General Fund(1960.7110)and EDA Fund(3210-5499)—Small Business Assistance Amount The City received CARES Act funding in 2020 and the portion of the funding expended on the Small Business Assistance was distributed out of the Apple Valley Economic Development Authority Fund. $399,500 The funding for this project would come from the CARES Act funding received in the General Fund General Fund—CARES Act Special Revenue Expenditures(1960.7110) Amount A portion of the CARES Act funding received by the City in 2020 was expended out of the CARES Act Special Revenue Fund on equipment, Personal Protective Equipment, and sanitizing activity and equipment. $646,262 The funding for this project would come from the CARES Act funding received in the General Fund General Fund—Fund Balance Transfer(1960.7110) Amount The General Fund—Fund Balance Policy calls for balances above 50%of the subsequent year's General Fund Budget be transferred to the Future Capital Projects Fund $2,900,000 The funding for this item will come from the General Fund—Fund Balance Future Capital Projects Fund—Municipal Center Lower Level Finish(4930-7110) Amount The Future Capital Projects Fund included$800,000 in capital outlay expenditures for the finishing of the lower level at the Municipal Center. The project was completed in the Municipal Building Fund, staff is requesting the budgeted amounts in the Future Capital Projects Fund be realigned from capital outlay to operating transfer. $800,000 The funding for this project comes from redirecting the budgeted capital outlay to a operating transfer. CITY OF APPLE VALLEY RESOLUTION NO. 2021 RESOLUTION AMENDING 2020 BUDGET FOR SPECIFIC ITEMS WHEREAS, certain 2020 activities were not included in the original 2020 adopted budget; and WHEREAS, funding exists to complete these projects from existing budget savings or additional resources, and WHEREAS, certain 2020 program budget savings are requested to be reassigned; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley that the following budget adjustments be made to the 2020 budget. Department Description 2020 2020 Additional Account (reduced) Code Amount General Fund-Transfer Out Transfer to CARES Act Special 1960.7110 $ 646,262.00 Revenue Fund General Fund-Transfer Out Transfer to EDA Fund—CARES Act 1960.7110 399,850.00 Small Business Assistance General Fund-Transfer Out Fund Balance Transfer to Future 1960.7110 2,900,000.00 Capital Projects Fund Subtotal General Fund Expenditures 3,946,112.00 General Fund—Federal Revenues CARES Act funding received 1001.4145 4,025,355.00 Subtotal General Fund Revenues 4,025,355.00 EDA Fund CARES Act Small Business 3212.6396 399,850.00 Assistance Program Subtotal EDA Fund Expenditures 399,850.00 EDA Fund Transfer In From General Fund 3211.5499 399,850.00 Subtotal EDA Fund Revenues 399,850.00 Future Capital Projects Fund Municipal Center-Lower Level 4932.6735 (800,000.00) Finishing Redirect Capital Outlay to Transfers out 4932.7110 800,000.00 Subtotal Future Capital Projects Fund-Expenditures -0- Future Capital Projects Fund Fund Balance Transfer 4931.5499 2,900,000.00 Subtotal Future Capital Projects Fund-Revenues 2,900,000.00 ADOPTED this 22nd day of April 2021. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk •••• ITEM: 4.E. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Amending 2021 Operating Budget for Specific Items Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt resolution amending 2021 Operating Budget for specific items. SUMMARY: The City Council is requested to consider a resolution amending 2021 operating budget for items that are proposed to be funded by anticipated savings within the 2021 budget or by realigning other sources. By realigning these budget resources these items will be completed during 2021. BACKGROUND: Please see the attached exhibit for additional information on each of the proposed items. BUDGET IMPACT: The items for the General Fund and Municipal Building Fund result in a budget neutral position for the current year. The Vehicle & Equipment Replacement Fund (VERF) - Fire results in an increase in expenses of $137,100 drawing from reserves generated from the rescue tools not being purchased in 2020, in addition to an additional transfer into the VERF Fund of$42,500 from including Street Department fleet additions in the VERF. ATTACHMENTS: Exhibit Resolution Exhibit-Amending 2021 Operating Budget (Council Meeting Date 4-22-21) BACKGROUND Streets—Addition of Budgeted Equipment to VERF Program(1600-6745) Amount The Public Works Depai talent is requesting the budgeted amounts for: a skid steer trailer, screener bucket and blacktop roller to be included in the ongoing Vehicle and Equipment Replacement Program(VERF).The budgeted amount will be transferred to object 6745 which will provide funding to the VERF-Streets Fund. $42,500 The funding for this project would come from budgeted capital outlay in the Street Maintenance Budget. Park Maintenance- Sealcoating(1710-6269) Amount The Parks Maintenance Department is requesting that $25,000 of the $45,000 carried over from 2020 for trail/ court overlays be directed to the sealcoating of the Johnny Cake Ridge Park/ Aquatic Center complex. The JPA pricing for chip seal / fog seal came in very favorable this year,providing an opportunity to complete all of the Johnny Cake Ridge West parking lots. The chip seal process is expected to extend the life of the parking lots at least 10 years. The intent would be to complete the sealcoating after $ 25,000 the construction of the pickleball courts. The funding for this would come from redirecting the amounts a carried over from 2020 for trail and court overlays. Fire—Entry Door Simulator& Training Room Equipment(1300-6211) Amount The Fire Depth talent is requesting redirecting a portion of the non-local training budget to the purchase of training equipment consisting of a forcible entry door simulator and training room equipment.The entry door simulator is$7,700 and training room upgrade the technology in our fire station 1 training room by purchasing 2 video monitors, a video conference camera and speakers, along with miscellaneous cables and adapters for$7,400. $15,100 The funding for this project would come from savings in the Fire Department non local training budget which has been impacted reduced training options due to the pandemic Municipal Building Fund—Johnny Cake Activity Center(4002-6715) Amount The Park Maintenance Department is requesting redirecting the $14,000 budgeted amount for the Johnny Cake Ridge Park Legion Field roof be redirected to the Johnny Cake Ridge Park Activity Center roof project. The Legion Roof was replaced in prior year utilizing park Maintenance Staff. $14,000 The funding for this project would come from redirecting the remaining Legion Field roof to Johnny Cake Activity Center roof Fire VERF-Purchase Hydraulic Rescue Tools(7405-6740) Amount The Fire Department VERF budget in 2020 included the purchase of replacement hydraulic rescue tools in the amount of$94,600. The purchase was postponed in 2020 due to the pandemic. Staff is requesting that the available funds be appropriated in 2021 for the replacement. $94,600 The funding for this would come from 2020 budget savings & available balance in the Fire Dept.VERF-budget. Realign Budget Amounts for Salary Other(xxxx-6110.1) Amount The Finance Department requests that the 2021 operating budget be amended to move the amounts shown in account 6123 to 6110.1. The current budget identifies the amounts included in the budget for any salary adjustments such as cost of living adjustments or step progressions in account 6123. To improve the monthly financial reporting staff is recommending that these amounts be moved to account 6110.1, a subsidiary account of full time wages. This will result in the budget to actual $-0- comparisons being a more accurate presentation on an account by account basis. The net effect of this change to each fund and department is $0(zero)as reflected in the resolution. CITY OF APPLE VALLEY RESOLUTION NO. 2021_ RESOLUTION AMENDING 2021 BUDGET FOR SPECIFIC ITEMS WHEREAS, certain 2021 activities were not included in the original 2021 adopted budget; and WHEREAS, funding exists to complete these projects from existing budget savings or additional resources, and WHEREAS, certain 2021 program budget savings are requested to be reassigned; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley that the following budget adjustments be made to the 2021 budget. Department Description 2021 2021 Additional Account (reduced) Code Amount Street Maintenance VERF Charge Addition 1600.6745 $ 42,500.00 Street Maintenance Redirect Skid Steer Trailer to VERF 1600.6740 (8,000.00) Street Maintenance Redirect Blacktop Roller to VERF 1600.6740 (17,000.00) Street Maintenance Redirect Screener Bucket to VERF 1600.6740 (17,500.00) Park Maintenace Selacoating JCRP 1710.6269 25,000.00 Park Maintenance Trail/Court Overlays 1710.6269 (25,000.00) Fire Dept Entry Door Simulator 1300.6211 7,700.00 Fire Dept Training Room Equipment 1300.6211 7,400./00 Fire Dept Non Local Training Savings 1300.6276 (15,100.00) Subtotal General Fund Expenditures $ -0.00- Municipal Building Fund Johnny Cake Activity Center 4002.6715 14,000.00 Municipal Building Fund Savings Legion Roof Replacement 4002.6715 (14,000.00) Subtotal Municipal Building Fund Expenditures $ -0.00- VERF—Streets Add Skid Steer Trailer to VERF 7442.6740 8,000.00 VERF—Streets Add Blacktop Roller to VERF 7442.6740 17,000.00 VERF—Streets Add Screener Bucket to VERF 7442.6740 17,500.00 VERF—Fire Hydraulic Rescue Tools 7405.6740 94,600.00 Subtotal VERF Funds Expenditures $ 137,100.00 VERF—Streets VERF Charge Addition 7441.4255 $ 42,500.00 Subtotal VERF Funds Revenues $42,500.00 Department Description 2021 2021 Additional Account (reduced) Code Amount Mayor/City Council Salary-Other 1005.6110.1 1,525.00 Mayor/City Council Salary Other 1005.6123 -1,525.00 Administration Salary-Other 1010.6110.1 16,830.00 Administration Salary-Other 1010.6123 -16,830.00 Code Enforcement Salary-Other 1013.6110.1 7,155.00 Code Enforcement Salary-Other 1013.6123 -7,155.00 City Clerk/Elections Salary-Other 1015.6110.1 5,165.00 City Clerk/Elections Salary-Other 1015.6123 -5,165.00 Human Resources Salary-Other 1020.6110.1 14,640.00 Human Resources Salary-Other 1020.6123 -14,640.00 Information Technology Salary-Other 1030.6110.1 18,955.00 Information Technology Salary-Other 1030.6123 -18,955.00 Finance Salary-Other 1035.6110.1 17,965.00 Finance Salary-Other 1035.6123 -17,965.00 Municipal Bldg&Grounds Mntc Salary-Other 1060.6110.1 3,950.00 Municipal Bldg&Grounds Mntc Salary-Other 1060.6123 -3,950.00 Dev Management Salary-Other 1100.6110.1 17,020.00 Dev Management Salary-Other 1100.6123 -17,020.00 Police Management Salary-Other 1200.6110.1 227,170.00 Police Management Salary-Other 1200.6123 -227,170.00 Commun Service Officers(Cso) Salary-Other 1295.6110.1 1,320.00 Commun Service Officers(Cso) Salary-Other 1295.6123 -1,320.00 Fire Management Salary-Other 1300.6110.1 40,500.00 Fire Management Salary-Other 1300.6123 -40,500.00 Inspections Management Salary-Other 1400.6110.1 18,950.00 Inspections Management Salary-Other 1400.6123 -18,950.00 Pw Management Salary-Other 1500.6110.1 11,775.00 Pw Management Salary-Other 1500.6123 -11,775.00 Pw Engineering&Technical Salary-Other 1510.6110.1 18,400.00 Pw Engineering&Technical Salary-Other 1510.6123 -18,400.00 Fleet&Buildings-Cmf Salary-Other 1530.6110.1 17,290.00 Fleet&Buildings-Cmf Salary-Other 1530.6123 -17,290.00 Street Management Salary-Other 1600.6110.1 49,860.00 Street Management Salary-Other 1600.6123 -49,860.00 Traffic Signs/Signals/Markers Salary-Other 1680.6110.1 2,020.00 Traffic Signs/Signals/Markers Salary-Other 1680.6123 -2,020.00 Park&Recreation Management Salary-Other 1700.6110.1 23,500.00 Park&Recreation Management Salary-Other 1700.6123 -23,500.00 Park Maintenance Management Salary-Other 1710.6110.1 30,995.00 Park Maintenance Management Salary-Other 1710.6123 -30,995.00 Av Community Center Salary-Other 1900.6110.1 2,530.00 Av Community Center Salary-Other 1900.6123 -2,530.00 Senior Center Salary-Other 1920.6110.1 6,565.00 Senior Center Salary-Other 1920.6123 -6,565.00 Subtotal General Fund -0- Cable Tv Joint Powers Salary-Other 2012.6110.1 7,980.00 Cable Tv Joint Powers Salary-Other 2012.6123 -7,980.00 Subtotal Cable TV JPA -0- Department Description 2021 2021 Additional Account (reduced) Code Amount Liquor General Operations Salary-Other 5005.6110.1 6,215.00 Liquor General Operations Salary-Other 5005.6123 -6,215.00 Liquor#1 Admin Salary-Other 5010.6110.1 7,520.00 Liquor#1 Admin Salary-Other 5010.6123 -7,520.00 Liquor#2 Admin Salary-Other 5050.6110.1 5,865.00 Liquor#2 Admin Salary-Other 5050.6123 -5,865.00 Liquor#3 Admin Salary-Other 5080.6110.1 8,235.00 Liquor#3 Admin Salary-Other 5080.6123 -8,235.00 Subtotal Liquor -0- Golf Management Salary-Other 5105.6110.1 10,605.00 Golf Management Salary-Other 5105.6123 -10,605.00 Subtotal Golf -0- Arena 1 Sports Arena Salary-Other 5205.6110.1 6,830.00 Arena 1 Sports Arena Salary-Other 5205.6123 -6,830.00 Arena 2 Hayes Salary-Other 5260.6110.1 280.00 Arena 2 Hayes Salary-Other 5260.6123 -280.00 Subtotal Ice Arena -0- Water Salary-Other 5305.6110.1 24,340.00 Water Salary-Other 5305.6123 -24,340.00 Sewer y Salary-Other 5365.6110.1 15,960.00 Sewer Salary-Other 5365.6123 -15,960.00 Subtotal Water/Sewer -0- Storm Drain Salary-Other 5505.6110.1 7,345.00 Storm Drain Salary-Other 5505.6123 -7,345.00 Subtotal Stormwater -0- Net Change for budget realignments of COLA and Step Increases -0- ADOPTED this 22nd day of April 2021. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk •••• ITEM: 4.F. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Proclaim April 30, 2021, as "Arbor Day" and May 2021 as "Arbor Month" Staff Contact: Department/ Division: Jessica Schaum, Natural Resources Coordinator Natural Resources Division ACTION REQUESTED: Proclaim April 30, 2021, as "Arbor Day" and May 2021 as "Arbor Month". SUMMARY: Attached is a proclamation for Arbor Day and Arbor Month in the City of Apple Valley. In observance of the proclamation, the City typically holds a joint tree planting event with members of the Dakota Electric Association Board. Given the current COVID-19 environment, this event is postponed. Due to multiple forestry initiatives, including this proclamation, the City has been recognized as a "Tree City USA" consistently for 37 years by the Arbor Day Foundation. As further observance of Arbor Day and Arbor Month and to promote reforestation in Apple Valley, Public Works staff has implemented the seventeenth annual tree and shrub sale. Trees and shrubs sold out in record timing this spring. The drive-thru pickup is scheduled for Saturday, April 24, at the Central Maintenance Facility. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Proclamation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, trees are a highly valued resource because they beautify the landscape and have been shown to increase property values and reduce crime; and WHEREAS, trees purify our air and water, reduce heating and cooling costs, serve as recreational settings,providing habitat for wildlife, and enrich our lives in many ways; and WHEREAS, Apple Valley has been designated as a "Tree City USA" for 37 consecutive years by the National Arbor Day Foundation; and WHEREAS, each year during Arbor Month the people of Apple Valley pay special attention to the gift that our trees represent and dedicate themselves to the continued health of our City's urban forest. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, does hereby proclaim the following in Apple Valley: April 30, 2021 -ARBOR DAY May 2021 -ARBOR MONTH FURTHER, this Council urges citizens to become more aware of the importance of trees and to participate in tree planting programs that will ensure a green Apple Valley in the decades to come and to nurture and protect Apple Valley's treasure of trees. PROCLAIMED this 22nd day of April, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk •••• ITEM: 4.G. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Proclaim May 2-8, 2021, as "Drinking Water Week" Staff Contact: Department/ Division: Brian Skok, Public Works Superintendent- Utilities Utilities Division ACTION REQUESTED: Proclaim May 2 through May 8, 2021, as "Drinking Water Week" in the City of Apple Valley. SUMMARY: Attached is a Drinking Water Week proclamation for the City Council's consideration. The proclamation recognizes drinking water as a valuable natural resource for residents. Citizens are reminded of the importance of water for public health protection, fire protection, support for the economy, and our quality of life. The proclamation calls upon citizens of Apple Valley to help protect our water resources to ensure that future generations will enjoy the benefits of safe drinking water. BACKGROUND: For more than 40 years the American Water Works Association and its members have celebrated Drinking Water Week — a unique opportunity for both water professionals and the communities they serve to join together in recognizing the vital role water plays in our daily lives. BUDGET IMPACT: N/A ATTACHMENTS: Proclamation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, water is a valuable natural resource in Apple Valley, delivering public health protection, fire protection, support for our economy, and the quality of life we enjoy; and WHEREAS, measures of a successful society such as low mortality rates, economic growth and diversity, productivity, and public safety are in some way related to access to safe water; and WHEREAS, consumption of tap water as an alternative to bottled water is a safe and cost effective practice that consumes less energy and produces less plastics in the environment; and WHEREAS, we are all stewards of the environment and water infrastructure upon which future generations depend. NOW, THEREFORE, the City Council of Apple Valley, Dakota County, Minnesota, does hereby proclaim the week of May 2 through May 8, 2021, as: DRINKING WATER WEEK in Apple Valley and calls upon each citizen of Apple Valley to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues. PROCLAIMED this 22nd day of April, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk •••• ITEM: 4.H. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Apple Valley East Commercial 2nd Addition Staff Contact: Department/ Division: Thomas Lovelace, City Planner Community Development Department Applicant: Project Number: Summers Ridge of Apple Valley, LLC PC20-10-ZFB Applicant Date: 8/14/2020 60 Days: 120 Days: ACTION REQUESTED: 1. Adopt a resolution approving the Apple Valley East Commercial 2nd Addition final plat and development agreement. 2. Approve stormwater maintenance agreement between Summers Ridge of Apple Valley, LLC, and the City of Apple Valley. SUMMARY: For your consideration is a request from Summers Ridge of Apple Valley, LLC, for approval of the final plat and development agreement for Apple Valley East Commercial 2nd Addition, and stormwater maintenance agreement. The final plat represents a replat of Outlot A, Apple Valley East Commercial into a lot for the purpose of constructing a 64-unit single-story high acuity senior care facility. The stormwater maintenance agreement requires the property owner to install and maintain on-site pretreatment devices for water quality and volume control of stormwater runoff generated by the development on the property. This agreement requires annual inspections of these devices to ensure their ongoing functioning in accordance with the approved plans and specifications. The 3.9-acre property is located at the northeast corner of 155th Street West and Pilot Knob Road. The property is bounded by single-family homes to the north, the Primrose School day care facility to the east, Cobblestone Lake Target to the south, and Fischer Sand and Aggregate mining operations to the west. BACKGROUND: A public hearing for the proposed replat was held by the Planning Commission on September 16 and October 7, 2020; and was recommended for approval on October 7, 2020. On November 12, 2020, the City Council approved the preliminary plat, subject to the Planning Commission's recommended conditions. Stormwater pond dedication requirements have been previously satisfied by the dedication and construction of an existing stormwater pond (EVR-P441.1) located on the subject property. Park dedication requirements shall be satisfied by a cash payment of$54,325.00. A stormwater maintenance agreement has been prepared that ensures the ongoing maintenance of additional onsite pretreatment improvements. This agreement shall be executed and recorded with the final plat. Additional agreements have been previously executed that restrict access off of 154th Street West and Pilot Knob Road; and provide access off Embry Path by means of a cross access agreement with the property owner to the east. BUDGET IMPACT: N/A ATTACHMENTS: Resolution Final Plat Agreement Agreement Location Map CITY OF APPLE VALLEY RESOLUTION NO. 2021- FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL APPLE VALLEY EAST COMMERCIAL 2ND ADDITION WHEREAS,pursuant to Minnesota Statutes 462.358,the City of Apple Valley adopted, as Appendix B of the City Code,regulations to control the subdivision of land within its borders; and WHEREAS,pursuant to Appendix B of the City Code,the City Planning Commission held a public hearing on an application for subdivision of land by plat on September 16 and October 7, 2020; and WHEREAS,the City Planning Commission found the preliminary plat to be in conformance with the standards of Appendix B of the City Code and made a recommendation as to its approval on October 7, 2020,which was subsequently approved by the City Council on November 12, 2020; and WHEREAS,pursuant to Appendix B of the City Code, a development agreement between the applicant and the City detailing the installation of the required improvements in the subdivision and the method of payment therefor has been prepared. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that the development 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: APPLE VALLEY EAST COMMERCIAL 2ND ADDITION BE IT FURTHER RESOLVED,pursuant to Appendix B 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 April, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, I hereby certify that the foregoing 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 APPLE VALLEY EAST COMMERCIAL 2ND ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That Summers Ridge of Apple Valley LLC, a Delaware limited liability company, I Thomas R. Balluff do hereby certify that this plat was prepared by me or under my direct supervision; COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA owner of the following described property: that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed Outlot A, APPLE VALLEY EAST COMMERCIAL, according to the recorded plat thereof, Dakota County, Minnesota this plat; that all monuments depicted on this plat have been or will be correctly set within one year; and approved this day of , 20 . that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of Has caused the same to be surveyed and platted as APPLE VALLEY EAST COMMERCIAL 2ND ADDITION. the date of this certification are shown and labeled on this plat; and that all public ways are shown and labeled on this plat. By: In witness whereof said Summers Ridge of Apple Valley LLC, a Delaware limited liability company, has caused Todd B. Tollefson these presents to be signed by its proper officer this day of , 20 . Dated this day of , 20 . Dakota County Surveyor COUNTY BOARD OF COMMISSIONERS, DAKOTA COUNTY, STATE OF MINNESOTA SUMMERS RIDGE OF APPLE VALLEY LLC By: Apple Valley Partners LLC We do herebycertifythat on the 6th dayof October, 2020, the Board of Commissioners of Dakota County, Minnesota, Thomas R. Balluff, Licensed Land Surveyor Its: Manager Minnesota License No. 40361 approved this plat of APPLE VALLEY EAST COMMERCIAL 2ND ADDITION, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03 Subd. 2. and pursuant to the Dakota County Contiguous Plat STATE OF Ordinance. By: COUNTY OF Brandon Laubach, Manager This instrument was acknowledged before me on by Thomas R. Balluff. By: Attest: STATE OF County Board Chair County Treasurer-Auditor COUNTY OF This instrument was acknowledged before me on this day of , 20 by (Signed) DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Brandon Laubach, Manager of Apple Valley Partners LLC, the manager of Summers Ridge of Apple Valley LLC, a (Printed) Delaware limited liability company, on behalf of the company. y,Notary Public, Count Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and My commission expires transfer entered this day of , 20 . (Signed) CITY COUNCIL OF APPLE VALLEY, MINNESOTA (Printed) This plat was approved by the City Council of the City of Apple Valley, Minnesota, this day NotaryPublic, County, Amy A. Koethe, Director of the Department of , 20 , and hereby certifies compliance with all requirements as set of Property Taxation and Records My commission expires forth in Minnesota Statutes, Section 505.03, Subd. 2. COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA Northwest corner of the---, I hereby certify that this plat of APPLE VALLEY EAST COMMERCIAL 2ND ADDITION was filed in the Office of the County Northwestcion36, Townshipnr of ` Recorder forpublic record on this dayof 20 , at o'clock .M., and was Section 115, Range 20 �\ By: By: duly filed in Book of plats, Page , as Document Number . (Found Dakota County I ' Mayor Clerk Aluminum Monument) I ()) I I Amy A. Koethe, County Recorder (" 200 I J\J C' d 1 A 1,-)II-)I F7 1 / A I I \ / I 1 /-1 1 1 L_ L_ V /-1 L_ L_ L_ I \ \ \ VICINITY MAP �N A r) r)I r- \ / A I I r- \ / r- A ^ T r- A A All \ / '� N Ire A I-1r� I7-InN I o, r- A AAII \ / NIrT 1- 1- C I /-1I V I I L_ I LJ \ /-\ 1 1 L_ L_ V /-1L_ L_ L_ I L_ /-\ .� I 1 /-1I V I I L_ I L./ /-\ LIL./I I IL/, V \ o � \ I ro o / (NOT TO SCALE) - INO A IThI� I7-I/-1I\ I \ h°c \ - - - - Z /-1 LJ LJ I I I L/I V s \ Y - \ ^ i r I N -- \ \ �, a\26° ' i'-i TI I `i T\)L_L_ T V V L_.i T / / 60 $ I � � i I rlr� 10 \ ° 154th N89°45'48"E �O�cs 49 3 R,1 07 50" _ a mbry Path � ' �� Sg0°19' 8°\ O e) 27 0 N89°39'36"ESt. W. C� �/ _/�(\S 42299) 93.21 PK 81.535„E Quo/�1j�� ��9� O (LS 49138) 413.59 (LS 49138) / \ \ - - \ �� 85.00 84.39 -'li V 0 QS 49138)I ry 1 s� • • • • • • o • • • • i ,:, 15 V - Cr 1 S89 45 48"W 1 i I _ _ 186.07 16.92� St. W. Embry Path I 4 �,,- \ x fYJ o j \ I — Drainage & Utility Easement-=' 185.98 \ I � I a) o o S89 58'36"E - \ I �� 1` ° CV \ per the Plat of APPLE VALLEY w I I - o Q -Drainage & Utility Easement EAST COMMERCIAL � A((<; - ' v �cri�o \ per the Plat of APPLE VALLEY N N. \ 5 \ r-; \ _,..` I I I EAST COMMERCIAL oN \i �� • Ll- \ a \ o \ ���1 Cityof Apple Valley, Minnesota C � Ia)Lo \ PP �� z II cu > J w \ _ Section 36, Township 115N, Range 20W J C I t c 4 - J \ I- - 1-, ` LOT 1 T�w Q _ i a>M I cVN -o S�O 'O 1'r1 \ oO _ J S o I 6 L 6� > \ BLOCK 1 \ o A )I r- \ / A I I r- \ / )> Bearings are based on the East line of Outlot A, o d, 1� ap o o Ir Ir I I APPLE VALLEY EAST COMMERCIAL which is assumed NCO" Q O`p `J °~ /-11 i L_ L_ V /-IL_ L_ L- 1 �— v 9,, N ��� O -� o I�_ I oNj- o,0�-1 0 o L N N N j_ to have a bearing of South 00 02'06" East 1 I ON c a)� c _c No °w r- A ^ T /�/-1A AA Ar-1=) /� I A I z ° E ° o °' Denotes restricted access easement for vehicular \\ r_ I o N N o w L_ /-1 �. I Li L/I V I I V I L_ I \ Li I/-1 L_ access to 154th Street West. Easement is 1 ft. in C J rr� w a �w o N width over the northerly line of subject property N N z A Ir�Ir�I r \ / A I I r- \ / r- /1 ^ T / /1 A A A A r-�)/ I A I ,�> per Doc. No. 2987938 la? � R` o , o /-\ , i L_ L_ / V /-IL_ L_ L_ I L_ /-I .2 I L, L/IVIIVIL_ I \ LiI/-IL_ \\`____ i C �� I �o 0 37.64 ,�� Denotes restricted access to Dakota County per � o M 0 R=30.00�, Doc. No. 2630838 II cn a - =71°52'55" y _ w I C. Denotes found Dakota County Section Corner \ _L 200 I Magellan Pipeline Gas and N 5 Monument, as noted. i - •c N , -Right of Way Easement �c9I c 60 - per Doc. No. 2303199 or Drainage & Utility Easement • Denotes found iron monument, as noted. ( '� a o --------per the Plat of APPLE VALLEY PK j-1�-1 n ® Denotes found PK nail c I f 115 7 / 7 EAST COMMERCIAL \� I 1� I.,- - 63.89 14 1_ L` _L _ 1 a - (Ls 42299) # 330.00 o L ,i__ cLs 49138) �i o Drainage & Utility Easement per Doc. No. 3066838- o -t L Sag°57'54' W O (Ls 49138) 356.18 (LS 49138) • ) I \�;\9j,� S89°57'56"W N o cl I 4) I- - I o C "1_TI , ^TL)r-r-T I A/r-^T O `J 1r7 ..) 11 \L_L_ 1 VVL_..) 1 0 25 50 100 .- I --, I C j)/ (SCALE IN FEET) i West Quarter corner of--' Section 36, Township F 115, Range 20 (Found Dakota County Mag Nail and Disc) 1 / , \ I r-^ 7-7-1 N 1 r I AI,('r / /1 A AA Ar-I�)/ I AI CrL 1- ' L/LiLiL_ L_ .� I L/I VL_- L_ /-1r \ L_ iL/IVIIVIL_ I \ LiI/-1L_ ro CARLSON .14 200 <- 100 LI 1- MCCAIN ENGINEERING \ SURVEYING \ ENVIRONMENTAL DEVELOPMENT AGREEMENT Between SUMMERS RIDGE OF APPLE VALLEY LLC And CITY OF APPLE VALLEY For APPLE VALLEY EAST COMMERCIAL 2ND ADDITION AGREEMENT WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the "City"), has been requested by Summers Ridge of Apple Valley LLC, a Delaware limited liability company (the "Developer")to approve for recording the following described plat: The plat of Apple Valley East Commercial 2nd Addition; and WHEREAS, Developer intends to develop the real property legally described on the plat (the "Property") as one (1) lot; and WHEREAS, pursuant to City Ordinances, the Planning Commission held a public hearing with reference to the application for approval of the plat on September 16 and October 7, 2020; and WHEREAS, the Planning Commission recommended its approval on October 7, 2020; and WHEREAS, the City Council approved the preliminary plat on November 12, 2020. 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 Apple Valley East Commercial 2nd Addition, as shown, and noted on Exhibit "A"attached hereto. 2. This Plat is governed by the terms and conditions of the City's Zoning Ordinance (the "Ordinance"). Any use or development of the Plat shall be in accordance with the provisions of the Ordinance. 3. The municipal improvements serving the Plat 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. 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 and shall be located entirely within public right-of-way or dedicated public easements. 4. The Developer shall comply with the conditions of preliminary plat approval set forth in City of Apple Valley Resolution No. 2020-135, a copy of which is attached hereto as Exhibit `B"and incorporated herein. 5. The Developer shall comply with the conditions of building permit authorization set forth in City of Apple Valley Resolution No. 2020-136, a copy of which is attached hereto as Exhibit "C"and incorporated herein. 6. Subject to the provisions hereunder, the Developer shall grade the Property and install improvements within the Property, in accordance with and under the following conditions: A. To complete all improvements in conformance with the plans and specifications submitted by the Developer and approved by the City, including but not limited to the following plans prepared by CarlsonMcCain dated August 18, 2020 (except as noted below), and any subsequent revisions as required by the City Engineer: Sheet C3 Site Plan Sheet C4 Utility Plan Sheet C5 Grading, Drainage& Erosion Control Plan Sheet C6 Stormwater Pollution Prevention Plan Sheets C7-C9 Detail Sheets Sheet L1-L3 Landscape Plan&Details B. To install connections to municipal utilities and improvements as provided in the Plans set forth in Section 6 (A). C. To install turn-lane striping and signage on 155th Street West, in accordance with City approved plans. D. To construct sidewalk(s) and driveways with concrete or bituminous material in accordance with City construction standards. E. To seal or cause to be sealed all existing wells on the Property in accordance with State, County, and local laws. F. To install a protective box and cover over each sewer cleanout and water shutoff,to City specifications. G. To install all lot monuments upon or before October 31, 2021. H. To install and maintain all materials (trees, shrubs, and sod) identified in the City approved landscape plan. I. 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 Property. The Developer further agrees to submit to the City for its approval, a Natural Resources Management Plan prior to any construction or land-disturbing activity in connection with the development of the Property. 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. J. To install erosion control measures in accordance with the approved Natural Resources Management Plan. K. To install each item noted in this Section 6 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. M. Developer will not bury any pipe nor install bituminous surface nor pour concrete pursuant to implementing the Plans,without the specific approval of the City Inspector,prior to the work being performed. N. All "on-site" inspections by the City will be done at the sole cost and expense of Developer, by persons supplied by the City. O. The Developer shall repair all damage to City streets, curbs, gutters, utilities, and other municipal improvements caused by or resulting from the development of the Property, at the Developer's sole cost and expense. P. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of Two Hundred Nine Thousand Three Hundred Seventy-Five ($209,375.00) Dollars ("Financial Guaranty") to secure the performance and payment of the Developer's construction obligations under this Agreement as they relate to the improvements designated by the City in accordance with the provisions of Section 6 herein, in a form and with terms to the sole satisfaction of the City, until all the construction obligations are fulfilled. Upon the issuance of a final certificate, a written request may be made to obtain a release of the Financial Guaranty. At the time of final inspection of all improvements, if it is determined by the City that the City approved plans and specifications were not strictly adhered to or that work was done without City inspection,the City may require retain, or require Developer to post, an amount equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as is necessary to complete the improvement(s)in accordance with the approved plans and specifications. Q. To pay the City's reasonable costs related to the Property and this Agreement, including but not limited to administration, engineering, legal fees, inspection, and enforcement. The City shall submit invoices to the Developer with detailed descriptions of the services rendered by the City in accordance with this Agreement. The Developer shall deposit the sum of Five Thousand ($5,000.00) Dollars with the City toward payment of the City's reasonable costs. If the City's reasonable costs exceed the deposit, 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. R. 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 Property 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 Property, specifically including electrical, telephone, cable television and gas services. The Developer hereby represents that all utility services will be available for a building prior to occupancy of any dwelling in that respective building. 8. No occupancy of any building in the Property shall occur until water, sanitary sewer, and a paved driving surface are available for use to that building. 9. Prior to the release of the plat for recording, the Developer shall: A. Deliver to the City the Financial Guaranty (Section 6P). B. Deposit the funds to the City(Section 6Q). C. Pay the following trunk charges in the total amount of$39,584.76, calculated on 2.64 acres and 21 SAC Units: Calculation Amount Due Water $2,846.00/acre $7,513.44 Storm $9,563.00/acre $25,246.32 Sanitary $325.00/SAC Unit $6,825.00 Total: $39,584.76 10. In addition to the trunk charges noted herein, upon submission of a building permit application, the applicant shall pay the City for storm sewer and water services furnished to the Property, in an amount based upon the number of units (per building) as determined by the City Engineer multiplied by the rate in effect at the time at the time of the issuance of the permit. The amount shall be due and payable at the time of building permit(s) issuance. 11. The parties mutually recognize and agree that park dedication requirements as provided in Chapter 153 of the City Code, shall be satisfied by a cash payment of $54,325.00. Payment must be made to the City prior to the release of the plat for recording. 12. The parties mutually recognize and agree that storm water pond dedication requirements, as provided in Chapter 153 of the City Code, shall be satisfied by dedication of drainage and utility easements on the plat, the installation of additional on-site storm water facilities and execution and recording with the Plat of a Stormwater Maintenance Agreement in the form attached hereto as Exhibit"D". The Developer shall execute and record the Agreement with the plat. 13. The Developer agrees to install and pay for a public (or private) street lighting system for the Property, in accordance with City and Dakota Electric Company standards. 14. The Developer agrees to provide the City with as-built surveys for any building constructed within the Property, prior to the issuance of the Certificate of Occupancy for that building. 15. 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 16. The Developer shall deliver to the City copies of the recorded documents to evidence that the Developer has complied with its recording obligations under this Agreement. 17. 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 claim, of any and every nature whatsoever, as a result of this Agreement, the plat, and the development of the Property. 18. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Property and shall be binding upon the respective heirs, administrators, successors and assigns of the Developer. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2021. DEVELOPER: Summers Ridge of Apple Valley LLC a Delaware limited liability company By: Apple Valley Partners LLC a Minnesota limited liability company Its: Mai •ge— B • randon Laubach Its: Manager STATE OF MINNESOTA ) ) ss. COUNTY OF W QI Di ) On this et day of 4 r t l , 2021, before me a Notary Public within and for said County, personally appeared Brandon Laubach to me personally known, who being by me duly sworn, did say that he is the Manager of Apple Valley Partners LLC, a Minnesota limited liability company, the manager of Summers Ridge of Apple Valley LLC, a Delaware limited liability company named in the instrument, and that said instrument was signed on behalf of the companies as the free act and deed of the companies. ':1A' '•,��, ANDREA LEIGH SMITH )" - rki,.‘ 1 HTARY PUBLIC-MINNESOTA of Public s, - My Commission Expires `:-a• t� dsnusry 31,2026 °s.1i.cs# CITY OF APPLE VALLEY By: Clint Hooppaw Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 2021, before me a Notary Public within and for said County, personally appeared Clint Hooppaw 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 APPLE VALLEY EAST COMMERCIAL 2ND ADDITION KNOT ALL PERSONS BY N SE PRESENTS That Summer..Fee...of Apple Valley LLC,a Delaware Ilmlld hebelty company. I Mare R Bagel,do hereby certify Nat MN plot um prepared by me or under my drool nupanldan; COUNTY SURVEYOR.MAW(OF DANOTA,STATE OF MNNESOTA owner al Me Idle..N.deemrkd ropeNK thot I cm a duly Licensed lc.ho,mt r in the State of MMnsob;That MLa plot le o correct ,..preenlollm of Si.bo od&y away,that aR mathemelkal lob red Mlle are correctly ded.neld an I hereby certify Ihet In oeeardanr with Minn..Stole.,Srlion 505.021,Sued II,Silo plot hoe been req.. O,t1O1 A,APPLE VALLEY EAST COMMERCIAL aec0dlna to Me retard.plat.real,Del,01a Co.,MM.. MP plat;that an monuments deepkld on MN plot haw hen or wM be carree0Y lot within one rem red approved MN_cloy al 20_, Thal a weir bendAs and vet lends no...(reel in MNnmoto Staluleq Sullen 50.01.Subd S.as of Nse named Me arm to be moneyed and platted o.APPLE VALLEY EAST C0IMEROAL 2Ml AM MOM. the dal.of MN crlltl1U.re*men and laealed on INe plat'and that ell public ways re drown one Iabd.d an MP Pal. BE M vilnov whereof sold Summer..Ridge of Apple Valley LLC.a Delaware IImild Ibbelty tampon,,hoe mused Todd B.Tall.l.n then presents to be clOnd by Ile proper amou,Ude—day of 20_ Oabl MN_ny 00 20_. heat..Caml,t.ney' SUMMERS RODE OF APPLE VALLEY ILO COUNTY 0OARO OF COMMLSSICNER3 DAKOTA COUNT,STATE OF MNNE52TA By Apple Mat.Pie.LLCmemo.R WWI,Licensed Imd 0010, r ire as ord.,ar111Y Ms we cm OM soy 0Cohn.,2@D.ow Daps of 00101 1srn of DO.Crnbp,Mlnnesete, Rs Mna.r Mime.Licence No.AOJBt a.m..NI.0161 of APPLE VOLLEY EAST LVb.RROAL dA ADD 111$.and KW Vet f ne h In oomp .tR the prvtdeee of AMrAeote UMW,SWWD.5DAOY teed/,re weawel to U.DIN.County C.Dpnw.Plot BUTTE d adk0u0 Mx COUNTY OF (Valor:ad1N.kW.. - Thle In.Wmnt woe o0Moddmd heron ma n by momes R B010111. By - MI.! STATE Of County Bard choir County frptemr--A.srm CCUR.Cm MP kdmmtnl roe ndrmddped bolas me on Thh ley of A_by (Signed) DEPARTMENT OF PROPERTY TANATON AND RECORDS,COUNTY OF DAKOTA,STATE OF MRN60TA Brendan Laubnch,Manager of Apple Valley Partners LLC,Me memo.of Simms Ridge of Apple Valley LLC,c - id. .) Delaware Dented nnbnNy company.m behalf of Me.inpany By oo eaPublic County Pure,.to MMnnsele Stolules.SeeLdn SODOM.S,bd S.Imes payable In the yea ED_en the land herelnbefore w en pa.,Nu described ha beM, ,per..to Mlnnem es,la Statut Secure 2y2 n nD 1R,Me ore dennmenl tams and My mialon row.— omelet nWed Mh—day of 20_ tSq•ctO CITY COUNCIL OF APPLE VALLEY,MIICESOTA 0.1Me7 Me plot vas approved by M.City Coune1 of the CRY of Apple Valley.Minnesota.thh—dO1 Amy P.loom.Dlroolor of MA Daporbrenl Note)Public Cmnly, of —20 and hereby atlMe camp0nce el.n rep iremente m net of Properly Taxation and Reearee MY tarnVie.r•p.a kith M Mnnesek Statutes Smllr 503.03.SW.1 COUNTY RECORDER,CLAMMY OF VAKOYA,STATE OF MIMIESO1A ismenr revs sr I II*,[Willy Mot MIa plat of APPLE VALLEY EAST COMMERCIAL ENO AOOITON was Mon Ma Office of Me Canty nes*own.to_ nearer .Or for public. d n ION—day of 20�al—o eiocA_,M.,od was I As c2q�� AY•.-- BY dub Bid in Book_of Plob,Pap. 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COMMERCIAL I ,m CARLSON Ika I S 6,NE ��URVEITRIT M CAI NNNENTAL EXHIBIT A CI"I'Y OF APPLI VALLEY RESOLUTION NO. 2020-135 PRELIMINARY PLAT APPROVAL APPLE VALLEY COMMERCIAL 2ND 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 September 16, 2020, and October 7, 2020; 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 October 7, 2020, 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 one-year period, to wit: APPLE VALLEY COMMERCIAL 2ND ADDITION BE 1"I' FURTHER RESOLVED, that said preliminary plat approval is subject to the appropriate amendments to Planned Development No. 856, which must be completed prior to final plat approval. BE IT FURTHER RESOLVED, that said preliminary plat approval is subject to the approval of the Minnesota Department of TransportationlDakota County due to the adjacent highway under its jurisdiction. 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 he configured to have one (1) lot and zero (0) outlots. 2. Park dedication requirements are based upon the City's finding that the subdivision will create 86 occupants that will generate a need for .205 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 .205 acres of needed land area at a benchmark land value of$265,000 per acre, 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. EXHIBIT B page 1 of 3 3. Storm water pond dedication requirements as provided in Appendix B of the City Code shall be satisfied by the previous dedication and construction of the City's EVR-P441.1 storm water pond. 4. Dedication on the final plat of a ten foot (10') wide easement 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. 5. Dedication on the final plat of a five foot (5') wide drainage and utility easement along all common lot lines. 6. 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. 7. Submission of a final grading plan and lot elevations with erosion control procedures,to be reviewed and approved by the City Engineer. If the site is one (1) or more acres in size 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. 8. 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. 9. Dedication of one foot (1')wide easements which restrict direct driveway access to 154th Street West. 10. Installation of a public(or private) street lighting system, constructed to City and Dakota.Electric Company standards. 11. Construction shall be limited to the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday. 12. Earthmoving activities shall he limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. 13. The City receives a holcl harmless agreement in favor of the City as drafted by the City Attorney and incorporated into the subdivision agreement. EXHIBIT B 2 page 2 of 3 ADOPTED this 12th day of November, 2020 C(1 ft/A y 1 f• s t�� tc�l<<s�d, Mayor ATTEST: Pamela J. Gac i[erWity Clerk EXHIBIT B 3 page 3 of 3 CITY OF APPLE VALLEY RESOLUTION NO. 2020-136 A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR SUMMERS RIDGE OF APPLE VALLEY 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 October 7, 2020. 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 Summers Ridge of Apple Valley 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 located described as Lot 1, Block 1, Apple Valley Commercial 2nd Addition. 3. Issuance of this permit is subject to the approval and recording of the Apple Valley Commercial 2nd Addition. 4. Approval and issuance of this permit is subject to completion of the zoning amendments to Planned Development No. 856. 5. Construction shall occur in conformance with the site plan dated August 18, 2020, including parking lot paving and a non-surmountable concrete curb and gutter around the entire perimeter with a minimum driveway approach radius of l5' at each public street, and a valley gutter at the edge of the streel pavement. 6. Construction shall occur in conformance with the landscape plans dated August 18, 2020, (including sodded/seeded public boulevard area up to each street EXHIBIT C page 1 of 3 curbline); subject to submission of a detailed landscape planting price list for verification of the City's 21/2% landscaping requirement at the time of building permit application. 7. Construction shall occur in conformance with the elevation plan dated August 18, 2020. 8. All necessary mechanical protrusions visible to the exterior shall be screened or handled in accordance with Section 155.346(3) (a) (b) of the city code. 9. 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 Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit prior to commencement of grading activity. 10. Construction shall be in conformance with the lighting plan dated August 18,2020. 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 7:00 p.m. Monday through Friday. 13. Prior to issuance of a building permit, a construction staging and construction personnel parking plan shall be submitted and approved by the City 14. A bike rack in front of the building at a location that will not impede use of any sidewalk. 15. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. 16. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 17. 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 ]25% of the estimated cost of the unfinished improvements shall be EXHIBIT C page 2 of 3 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. l 8. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal,or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED 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 12th day of November, 2020, lacyZ M. ry Ha ani 1 ]land, Mayor ATTEST: Pr •Cit-riabdiltAD Pamela .1. iNcl tteWty Clerk EXHIBIT C page 3 of 3 STORMWATER MAINTENANCE AGREEMENT This Agreement is made by and between Summers Ridge of Apple Valley LLC,a Delaware 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,Apple Valley Commercial 2nd Addition,Dakota County,Minnesota, according to the recorded plat thereof(the"Property"); and WHEREAS, the Owner has submitted, and the City has approved, on-site improvements be in installed by Owner in conformance with the Site Plan, dated August 18, 2020 ("Site Plan"), and in conformance with City Code; and WHEREAS, the Site Plan requires the Owner to install a pretreatment device/s, such as a Sump Manhole on a portion of the Property as depicted on the Site Plan & Utility Plan, more specifically STMH-101; and WHEREAS, the City requires the Owner agrees to install and maintain a Sump Manhole in accordance with the design specifications, referred to as the "Specifications"; and WHEREAS, the purpose of installing and maintaining a sump manhole and/or SAFL Baffle 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 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 1. Construction and Maintenance. 1.2 Construction Requirements. The Sump Manhole shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the Sump Manhole in accordance with the terms and conditions set forth in this Agreement. If at any time the device fails to conform to the standards and the Specifications set forth herein, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the structure to the standards set forth herein. If the City approves the proposed remediation plan and schedule,the Owner shall perform the remediation in compliance therewith. Annual maintenance shall include: 1. Removal of large debris in the manhole 2. Ensuring the structure is accessible with a vacuum truck hose and can reach the bottom of the sump. 3. Removing accumulated sediment and debris from the structure. At no time should the sediment accumulation be greater than 1 foot in the sump. 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 after they fall to the ground in October or November each year. 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 curb lines where storm sewer structures are located, and the Owner shall keep the curb lines free of any debris, leaves, litter, or other objects. 1.6 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the storm sewer structure. 2. Inspections. 2.2 Annual Inspections.The Sump Manhole shall be inspected annually by a Qualified Person selected by the Owner to determine whether the device is functioning in accordance with the Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a professional engineer licensed by the State of Minnesota, or a person approved by the City Engineer based on training and experience. The Owner's responsibilities under this Section shall be at the Owner's sole cost and expense. If, as a result of the inspection,the device is determined not to be functioning in accordance with the Specifications and this Agreement, the Owner shall restore/repair the infiltration basin to function as specified herein. Upon request from the Owner,the City Engineer may establish an inspection schedule permitting such inspections to 2 be performed less frequently than annually, but the City Engineer may reinstate the annual inspection schedule at any time by notice to the Owner. 2.3 City Notification and Independent Inspection. The City shall be notified at least 48 hours prior to the annual inspections or any maintenance of the device and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the device at any time, but the City shall use reasonable efforts to notify the Owner of its intent to enter the Property to inspect. 2.4 Inspection and Maintenance Report. The owner shall submit a report to the City, no later than two (2) weeks after any annual inspection or maintenance of the Sump Manhole, providing the following information: a. Date and time of inspection b. Log of findings c. Date and time of maintenance d. Log of maintenance performed. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the device does not conform to the Minimum Infiltration Capacity or any other requirements of the Specifications or 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. 3.2 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 bring the device into compliance with the or Specifications,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 bring the system into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty(30) days after receipt of an invoice from the City for all costs incurred by the City in connection with preparing a remediation plan for the device and all work completed by the City to bring the device back into compliance with the Specifications. 3.4 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 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 or the right to contest the assessments under Minnesota Statutes § 429.081. 3 3.5 Right of Entry. The City shall have the right to enter the property to inspect and to implement the terms of this Paragraph 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 4. 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. 5. 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 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. 6. 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 all their successors and assigns. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety(90) day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity,performance, and enforcement of this Agreement. 4 OWNER Summers Ridge of Apple Valley LLC a Delaware limited liability company By: Apple Valley Partners LLC a Minnesota limited liability company Its: Manager By: • on Laub Its: Manager STATE OF MINNESOTA ) ) ss. COUNTY OF Wia ter ) On this day of /*t. , 2021, before me a Notary Public within and for said County, personally appeared Brandon Laubach to me personally known, who being by me duly sworn, did say that he is the Manager of Apple Valley Partners LLC, a Minnesota limited liability company, the manager of Summers Ridge of Apple Valley LLC, a Delaware limited liability company named in the instrument, and that said instrument was signed on behalf of the companies as the free act and deed of the companies. 5.4... ".-------- o ublic ,+!, ANDREA LEIGH SMITH 0 :;y_ s NOTARY PUBLIC-MINNESOTA .. My Commission Expires a ` g January 31,2026 5 CITY OF APPLE VALLEY By: Clint Hooppaw 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 , 2021,by Clint Hooppaw 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. 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 MGD (66-43892) 6 i j°� i -�3 ,;ter . �'" , It' . 1;- U ' , • , • 4,41& i..,'.-_,1,-41 ' ill ....".: 4 1.;-•-• "- 131:r - 'C .1.-- • • ,.' ..,:. ...,11• 10 ..,„.. Milk I : ''''. illill..7 - •1_4•-ifi: ' 'ill_-... • it.1 1 .r' I*PI:. 1. t o - . rc • I , •\., • .1 , I • `..‘$)'-•,,• .i.,_ , : . ,. , =, . Pr t IT t _ �. J Y ,� u , .a.T T , ,, ,� ~ 1{ v. *• Y`. . - \ 11" • 1 ir :Ifigiii/4 40:440. • _- . . . i. i' rr' '� F j'r 1 ; 1r. 1 - - rile@lifIXISTREET . _ .. _. — — — -— . alli__ _ . L - 111111111111111 �.a III r14 r k l 1. , SUMMERS RIDGE S- ' i��,--� ' i OF6. .,„.„.„....,:,., .,. ., �` APPLE VALLEY ` ������`�'�����`��'........,,„rimotal„ "' :�� is,; 1{"r ;I G 1 1 ,a LOCATION MAP . , .«., s�, ,�� = r, , •••• ITEM: 4.1. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Apple Valley Square 6th Addition Staff Contact: Department/ Division: Alex Sharpe, Planning and Economic Dev. Spec. Community Development Department Applicant: Project Number: CAR Apple Valley Square, LLC PC07-FP Applicant Date: 3/3/2021 60 Days: 5/2/2021 120 Days: 7/1/2021 ACTION REQUESTED: 1. Adopt corrected resolution approving 145-stall parking variance on Lot 1, Block 1, Apple Valley Square 6th Addition. 2. Adopt corrected resolution approving site plan/building permit authorization for construction of 3,060 sq. ft. bank with drive-thru on Lot 2, Block 1, Apple Valley Square 6th Addition. 3. Adopt resolution approving final plat, development agreement for Apple Valley Square 6th Addition. SUMMARY: On February 25, 2021, the City Council approved the Preliminary Plat for Apple Valley Square 6th Addition. The Final Plat has been submitted by the applicant to complete the subdivision of the parcel at 15125 Cedar Ave into two parcels. The preliminary plat sought to retain the Apple Valley 5th Addition name for the existing lot at 15125 Cedar Ave. However, since that time the applicant is seeking to update the existing lot to Apple Valley Square 6th Addition. This is the standard naming convention with a subdivision by plat, and the recommended procedure by staff. As a result of this change the resolutions for the parking variance and site plan/building permit authorization have been updated to reflect the new legal descriptions. The final plat conforms with the preliminary plat approved on February 25, 2021. Park dedication will be satisfied through cash-in-lieu of land. Stormwater and utility easements are established as part of the plat to serve the newly subdivided lot with underground treatment for stormwater and easements which cross the existing lots to serve the newly created lot. BACKGROUND: Staff has been working with the property manager, Regency Centers, for 2-3 years discussing the proposed project. The primary concerns in the past were identified as the following: • Required parking stall variance • Limited landscaping, and • Availability of public utilities The Planning Commission held the public hearing on December 16th, 2020 where no concerns from the public were expressed. The Planning Commission unanimously recommended approval on February 3, 2021. Each of these issues has been addressed through the development process and previously approved through the preliminary plat. BUDGET IMPACT: N/A ATTACHMENTS: Resolution Resolution Resolution Site Plan Final Plat Development Agreement Development Agreement CITY OF APPLE VALLEY RESOLUTION NO. 2021 - A RESOLUTION APPROVING A 145 STALL REQUIRED PARKING VARIANCE AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances,zoning regulations to control land uses throughout the City; and WHEREAS,pursuant to the City's said regulations, a"variance"is an exception granted by the City Council from the literal provisions of the zoning regulations where practical difficulties exist which do not apply to the area in general; and WHEREAS, an application for a variance was submitted by CAR Apple Valley Square LLC, for property located at 15125 Cedar Ave and legally described as Lot 1,Block 1,Apple Valley Square 5th Addition; and WHEREAS,the parcel is proposed to be subdivided by preliminary and final plat with a final legal description of Lot 1, Block 1,Apple Valley Square 6th Addition; and WHEREAS, City Code §155.379 sets the required parking stalls for a site based on the use; CAR Apple Valley Square, LLC requests a variance to allow a 145 stall reduction in required parking spaces; and WHEREAS,the Apple Valley Planning Commission reviewed the project at its public meeting on February 3,2021; and WHEREAS,the City Council previously reviewed and approved the parking variance through resolution no. 2021-31. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that the City Council finds that the applicant established that the following practical difficulties exist on the property in accordance with the City's zoning regulations: 1. The existing parking does not meet the parking requirements by 106 parking stalls. 2. The existing site was previously platted with the existing structure creating a required parking shortage, thus the required parking shortage was not created by the owner. 3. The City encourages redevelopment of existing sites in the Comprehensive Plan. 4. The applicant has completed a parking study that demonstrated the site meets actual parking needs. 5. The newly created lot will meet parking requirements. BE IF FURTHER RESOLVED by the City Council of the City of Apple Valley,Dakota County, Minnesota,that a 145 stall parking variance is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. The variance shall be applicable to the property legally identified as Lot 1, Block 1, Apple Valley Square 5th Addition. 2. If the Building Permit is not paid for and issued within one(1)year of the date of approval,the approval shall lapse. 3. The Building Permit shall be applicable to property identified as Lot 1,Block 1, Apple Valley Square 6th Addition. 4. A parking stalls variance is granted to reduce the total stalls required by 145 (from 351 to 206)is approved due to the unusual hardship imposed by the existing site having 106 stalls fewer than required by ordinance. Parking studies have been conducted that show evidence that the lot is able to meet parking needs with the current tenant mix. 5. Cross parking agreements shall be obtained with Lot 1,Block 1,Apple Valley Square 6th Addition and shall be recorded with Dakota County. Evidence of recording shall be required prior to issuance of a building permit. 6. Cross parking agreements shall be obtained with Lot 2, Block 1,Apple Valley Square 5th Addition and shall be recorded with Dakota County. Evidence of recording shall be required prior to the issuance of a building permit. 7. The applicant shall maintain a minimum of 206 parking stalls. 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 Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 22nd day of April,2021. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk 2 CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the day of , 20 . Pamela J. Gackstetter, City Clerk 3 CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR CAR APPLE VALLEY SQUARE,LLC TO CONSTRUCT A CHASE BANK 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,the project is located on Lot 2, Block 1,Apple Valley Square 6th Addition 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 February 3,2021. 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 a 3,060 sq. ft. retail building for a Chase Bank is hereby authorized, subject to all applicable City Codes and standards, and the following conditions: 1. Construction shall occur in conformance with the site plan dated January 8, 2021 on file with the City, including parking lot paving and a non-surmountable concrete curb and gutter. 2. Construction shall occur in conformance with the landscape plan dated January 8, 2021 on file with the City, (including sodded/seeded public boulevard area up to each street curbline); subject to submission of a detailed landscape planting price list for verification of the City's 2 1/2%landscaping requirement at the time of building permit application. 3. Construction shall occur in conformance with the utility plan dated January 26, 2021 on file with the City. 4. Subject to all conditions noted in the City Engineer's memo dated January 28, 2021. 5. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of all onsite infiltration areas. 6. Trash enclosures shall be screened in conformance with City Code. 7. All necessary mechanical protrusions visible to the exterior shall be screened or handled in accordance with Section 155.346 (3.)(a.) (b.)of the city code. 8. 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. 9. A separate application and signage plan in conformance with the sign regulations must be submitted to the City for review and approval prior to the erection of any signs. 10. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. 11. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration,removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. 12. 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 22nd day of April, 2021. 2 Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk 3 CITY OF APPLE VALLEY RESOLUTION NO. 2021- FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL APPLE VALLEY SQUARE 6TH ADDITION WHEREAS,pursuant to Minnesota Statutes 462.358,the City of Apple Valley adopted, as Appendix B of the City Code,regulations to control the subdivision of land within its borders; and WHEREAS,pursuant to Appendix B of the City Code,the City Planning Commission held a public hearing on an application for subdivision of land by plat on February 3,2021; and WHEREAS,the City Planning Commission found the preliminary plat to be in conformance with the standards of Appendix B of the City Code and made a recommendation as to its approval on, 200,which was subsequently approved by the City Council on February 25, 2021; and WHEREAS,pursuant to Appendix B of the City Code, a development agreement between the applicant and the City detailing the installation of the required improvements in the subdivision and the method of payment therefor has been prepared. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that the development 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: APPLE VALLEY SQUARE 6TH ADDITION BE IT FURTHER RESOLVED,pursuant to Appendix B 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 April, 2021. Clint Hoopaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, I hereby certify that the foregoing 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 ©2020 WestwoodProfessional ervices, Inc. 1 1 Call 48 Hours before digging: ° 811 or ca11811 .com Common Ground Alliance General Site Notes 1( ° SEW 1R C /O ?4 J a d a — �F V. 9 5 . 1. BACKGROUND INFORMATION FOR THIS PROJECT PROVIDED BY WESTWOOD PROFESSIONAL SERVICES, o % d ° / MINNETONKA, MN, 7/29/20. i , d ° d ° ° illi a a dd ° , — — _ — — — — — — — - _ 2. LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THIS PLAN ARE • — , APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITY LOCATIONS PRIOR TO 4 / EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES ARE FOUND, THE ENGINEER SHOULD BE NOTIFIED 4 10 0 S.6 IMMEDIATELY. ° d I ° I 3. REFER TO BOUNDARY SURVEY FOR LOT BEARINGS, DIMENSIONS AND AREAS. 4. ALL DIMENSIONS ARE TO FACE OF CURB OR EXTERIOR FACE OF BUILDING UNLESS OTHERWISE NOTED. \ ° © © 0 O 07 5. REFER TO ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS AND LOCATIONS OF EXITS, RAMPS, e °° _ AND TRUCK DOCKS. S.5 row-, 2 O / d ° a ° � d ° 4 ° /�`\ ° d 1 ° 6. ALL CURB RADII SHALL BE 3.0 FEET (TO FACE OF CURB) UNLESS OTHERWISE NOTED. de �, ° e d ° d ° ° ° 1 11 \ ° 4 ° ° ° 4 d ° d V , , °d ° Id d G 0 I '• 11 5.5 e a 4OS 1 d ° 7. ALL CURB AND GUTTER SHALL BE B612 UNLESS OTHERWISE NOTED. J �� 14 O ° d 0 f a ° S 3� d° ° 1 ° 8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES © °�° rr °) d SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGGERS AND LIGHTS TO CONTROL THE 1 5IA 3 ;n BY-PASS 12 �° ° ©� • g MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE 0 ® N N IQ 0� I CITY AND ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE 0)G 4 , \..._ i I N �� �`TA11 o EXISTING MONUMENT MNDOT STANDARDS. , =) =--- MIS •— © SIGN TO!REMAIN S.3 ( � GG" � 00 o 9. BITUMINOUS PAVEMENT AND CONCRETE SECTIONS TO BE IN ACCORDANCE WITH THE RECOMMENDATIONS OF ° ° 0 O ° THE GEOTECHNICAL ENGINEER. v � 7 - ° 41 29.27' H S.4 •l / 10. CONTRACTOR SHALL MAINTAIN FULL ACCESS TO ADJACENT PROPERTIES DURING CONSTRUCTION AND TAKE d ° , /// 18' L 25.8' ° ° ° ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES. CHASE ° 7 / �/�j� 0 97.18' ° 11. SITE LIGHTING SHOWN ON PLAN IS FOR REFERENCE ONLY. REFER TO LIGHTING PLAN PREPARED BY OTHERS 4 �° ° ° j// + _ ° FOR SITE LIGHTING DETAILS AND PHOTOMETRICS. G. fOt / 1 2 +/- 3060 SF F/0 ' ' we_1611' r ' +Of -1— 18' —I `4 FFE=955.20 _ d S.2 Site Legend ° / < 11110 e41 d °d d 12 .��' 4a . i ° ° EXISTING PROPOSED d ° ° d ° / / I © /% - / 12 ° \\ ° PROPERTY LINE b� � �` i//i%� ° LOT LINE 0 4 4 A , \ CO' d SETBACK LINE d ° Q ° ° O © " ° I ° ° - EASEMENT LINE o d `V o ° d CURB AND GUTTER °� ° °d O dl x x FENCE , r , d < e de ° CONCRETE PAVEMENT d d d P ° CONCRETE SIDEWALK d ° d ° ° �� ° 1 ° ° STANDARD DUTY BITUMINOUS PAVEMENT 27 °; d ° HEAVY DUTY BITUMINOUS PAVEMENT © :0', 0NUMBER OF PARKING STALLS D 0 E TRANSLIGHTING FORMER ° ° Site Development Summary O Site Keynotes 27 Q °° 9 T SITE TRAFFIC SIGN ° °1 a � A' POWER POLE • EXISTING ZONING: RB, RETAIL BUSINESS 1 MATCH EX. PAVEMENT ° 2 MATCH EX. CURB Sc GUTTER BOLLARD / POST d ° • PROPOSED ZONING: RB, RETAIL BUSINESS 3 B612 CURB Sc GUTTER 4 4 PEDESTRIAN CURB RAMP ° ° • PROPERTY AREA: 19,386 SF (0.445 AC) 5 ACCESSIBLE PARKING LOGO, STRIPING, Sc SIGNAGE ° ° al 0) Sign Legend 6 CROSS WALK STRIPING �° °° • PERVIOUS SURFACE: 3,296 SF 17.0% ° ( ) 7 TRAFFIC ARROW & ° • IMPERVIOUS SURFACE(RATIO): 16,090 SF (83.0%) ° ° d ° REFERENCE SIZE MnDOT DESIGNATION 8 PAINTED STOP BAR STOP SIGN POST BASE • BUILDING GROSS SIZE: 3,060 SF 9 BOLLARD ° S.1 STOP SIGN 30" X 30" R1-1 1OA STANDARD DUTY BITUMINOUS PAVEMENT 26 © ° ° S.2 HANDICAP ACCESSIBLE 12" X 18" R7-8M • BUILDING SETBACK PER CODE: 50'=FRONT 10B HEAVY DUTY BITUMINOUS PAVEMENT n S.3 DO NOT ENTER 30" X 30" R5-1 15'=SIDE 11 CONCRETE SIDEWALK ° 1 4 ° 11 A COLOR CONCRETE SIDEWALK S.4 BEGIN ONE WAY 24" X 30" R6-X1 III °• PARKING SETBACK: 20' 12 CONCRETE PAVEMENT d d S.5 PEDESTRIAN CROSSING 30" X 30" W11-2 ---1 A' F.:::._ 13 TRASH ENCLOSURE 26 S.6 NO LEFT TURN 24" X 24" R3-2 • PARKING SPACE/DRIVE AISLE: 9' WIDE X 18' LONG, 24' AISLE 14 TRANSFORMER :_ • PARKING RATIO REQUIREMENT - CITY OF APPLE VALLEY 15 BIKE RACKS �� d RETAIL: 1 SPACE / 250 SF OF BLDG 16 ART FEATURE - I° RETAIL/OFFICE(3,060/250) 13 SPACES d a I dd °° TOTAL SPACES REQUIRED: 13 SPACES ro A ,I • PARKING PROVIDED: 14 SPACES ) 1 0' 20' 40' 60' 0021529SP01.dwg Date: 11/18/20 Sheet: 4 OF 7 W 1 Apple ValleyeStWoQd I hereby certify that this glen was prepared by me or under my � � Prepared for: dire supervision and laws I t a duty oicenin sots. SIorraL Chase Bank ENGINEER under the of the State of Minnesota City Comments 1/8/21 RegencyCenters• Phone (952)937-5150 12701 Whitewater Drive,Suite#300 Civil Site Plan Fax (952)937-5822 Minnetonka,MN 55343 • Drs.Wm Toll Free (888)937-5150 westwoodps.com Daniel M. Parks • 1211 West 22nd Street Suite 300 Westwood Professional Services,inc. 11/18/20 se Na • Record ��� Oak Brook, IL 60523 Apple Valley, MN APPLE VALLEY SQUARE 6TH ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That CAR Apple Valley Square, LLC, a Delaware limited liability company, owner of the following described property: I, Nathan H. Carlson, do hereby certify that this plat was prepared by me or under my direct supervision; that i am a duly Licensed Land Surveyor in the State of Minnesota;that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year;that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat;and all public ways are shown and labeled on this plat. Lot 1, Block 1, APPLE VALLEY SQUARE 5TH ADDITION, according to the recorded plat thereof Dakota County, Minnesota. Dated this day of , 20_. Has caused the same to be surveyed and platted as APPLE VALLEY SQUARE 6TH ADDITION and does hereby donate and dedicate to the public for public use the drainage and utility easements as created by this plat. Nathan H. Carlson, Licensed Land Surveyor MINNESOTA LICENSE NO. 45873 In witness whereof said CAR Apple Valley Square, LLC, a Delaware limited liability company, has caused these presents to be signed by its proper officer this day of , 20 . STATE OF MINNESOTA Signed: CAR Apple Valley Square, LLC COUNTY OF By: CAR Apple Valley Square Member, LLC This instrument was acknowledged before me on by Nathan H. Carlson, Land Surveyor, Minnesota License No. 45873. By:RegCal, LLC By: Regency Centers, L.P. By:Regency Centers Corporation (Signature) (Name Printed) By , the Name Title Notary Public, COUNTY, STATE OF MINNESOTA COUNTY OF My Commission Expires-_ This instrument was acknowledged before me on 20 , by the , of CAR Apple Valley Square Member, LLC, a Delaware limited liability company, sole managing member of CAR Apple Valley Square LLC, a Delaware limited liability company, on behalf of the company. CITY COUNCIL, CITY OF APPLE VALLEY, STATE OF MINNESOTA This plat was approved by the City Council of Apple Valley, Minnesota, this day of , 20 , and hereby certifies compliance with all requirements as set forth (Signature) in Minnesota Statutes, Section 505.03. Subd. 2. (Name Printed) Notary Public, COUNTY, My Commission Expires Mayor Clerk By , the Name Title COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on 20 , by I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . the , of RegCal, LLC, a Delaware limited liability company, sole managing member of CAR Apple Valley Square LLC, a Delaware limited liability company, on behalf of the company. (Signature) Todd B. Tollefson (Name Printed) Dakota County Surveyor Notary Public, COUNTY, My Commission Expires BOARD OF COUNTY COMMISSIONERS. COUNTY OF DAKOTA, STATE OF MINNESOTA We do hereby certify that on the 15th day of December, 2020 the Board of Commissioners of Dakota County, Minnesota approved this plat of APPLE VALLEY SQUARE 6TH ADDITION and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2 and pursuant to the Dakota County Contiguous Plat Ordinance. By , the Attest Name Title Chair, County Board County Treasurer-Auditor STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on 20 , by DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 2021 on the land hereinbefore described have been paid. Also,pursuant to Minnesota Statutes, Section 272.12, there are no the , of Regency Centers, L.P., a Delaware limited partnership, manager of CAR Apple Valley Square LLC, a Delaware limited liability company, on delinquent taxes and transfer entered this day of behalf of the company. 2021. (Signature) Amy A. Koethe, Director Department of Property Taxation and Records (Name Printed) COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA Notary Public, COUNTY, I hereby certify that this plat of APPLE VALLEY SQUARE 6TH ADDITION was filed in the office of the County Recorder for public record on this_day of , 20 at o'clock My Commission Expires .M., and was duly filed in Book of Plats, Page , as Document Number By , the Amy A. Koethe, County Recorder Name Title Dakota County, Minnesota STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on 20 , by the , of Regency Centers Corporation a Florida corporation, general partner of CAR Apple Valley Square LLC, a Delaware limited liability company, on behalf of the company. (Signature) (Name Printed) Notary Public, COUNTY, Westwood My Commission Expires Professional Services, Inc. Sheet 1 of 2 Sheets APPLE VALLEY SQUARE 6TH ADDITION - ,-- I I �\ 1 \ L- I r_ \I/ ` \ / r ► r- \v /'\ L - L " L I -rI I\ r, r \A �r I' L L r A �/ 11 1 I v I NE CORNER SEC 33 T 115 R 20 I/ \ i\ L- / ,...„- 1_, / \ Li 0 (DAKOTA COUNTY MONUMENT) in r r I r \V /-\ L - L L 75 cN 75 in A I-I i L- WEST(PLAT) z _ L - / \ I _ N89°55'25"W - N89°55'25"W a ', 378.82 75.00 n I - /' -- 53.40 - N89°55'25"vV 11 59 �' — — — n I TI I v a M 10 10 �.�--- 203.29 --=,,�• \ r- - - i I \ 1-1 I- ON .1 LIB n I r1 / o o " \ I I WEST(PLAT) "n co I ' N89°55'25"W < > I -- 154.44 -�, EAST LINE OF LOT 1,BLOCKI,- C) 1 ° ° APPLE VALLEY SQUARE 5TH LI I ---IS00°07'S9"W(PLAT),' � ADDITION D - S00°12'34"W c' S89°58'38"W(PLAT) 30.28 .\\ LOT 2 `° `I N89°56'47"W , ` o 155.34 - `� i I 1 A I— D I �' � � /_\ I \ L- 1a Q j r-\ N00°04'35"E I _ � � C ) L - L- 1 �. � cfl I -( I S89°55'25"E I o o I J Ia e /—\ I o Z N ^ --- S89°55'25"E _ ' 53.95 \ 63 I 149.51 Z n � i74- C � M o C1 -- ___ -20.00 \ ov, L. L _ L/ � / \ 1 ¢ N 10.00-��y1 I // D �� � M I I ,'I/� C)_ I' r 1- TRAIL,DRAINAGE,AND UTILITY EASEMENT- / C 1 ,JI I I PER DOC. NO.2725922,2938702 `� Ln V z \ \�r� BLOCK l_ t� / ,/1T ,lI FL 1 - , > I I 1 1 I DRAINAGE,AND UTILITY EASEMENT- \ \ o I II - I � 1T1 � I v ��\ L\ � f -10.00 \I C) o r" \ I-- \ I —15.00 LOT 1 I re / I ., , ,--..., 0 .I I C) Q W I L 7- � I— 98.34 _— D Q\ (/) a 131 o / EAST 375.85(PLAT) o C J i w d M _ — — ,' N89°55'25'W 325.86 N co O //,' — — — — — O // 0 'on N ^ Ln I- 7— --0— / // D o ./ —�� / OL I m I DRAINAGE&UTILITY EASEMENT-_�---' ,,'/ 10 10 1 33.73�=- MAG IN CON-, I -T- 1\ 62.00 --- I I - • v`- EAST(PLAT) \\ N89°55'25"W -- �-SCRIBED X 387.92 1 \.`, NORTH(PLAT) �) r- ` ,�,-' S0040.00 ,W r\ '1 11 A\ 1 \ L- /- N I ‘\ i' I I r-\ / ✓ LJ / A fl I i I / I v 75 75 \ I MAGINBIT\ \\\ EAST(PLAT) „il r I r \v�/-\ L - L - L- I /1 --- I -1 /—\ 1- v --- N89°55 25"W - \1 A I__) 1-' L - L- �- 1 r 295.00 MAG IN CON-' /----\ I I I 1 VICINITY MAP (NOT TO SCALE) X (PLAT) DENOTES PLAT OF APPLE VALLEY SQUARE 5TH ADDITION ±SITE 0 DENOTES RESTRICTED ACCESS DEDICATED TO DAKOTA nv v v a // `r �N L °/'-r COUNTY PER PLAT OF APPLE VALLEY SQUARE 5TH ADDITION o SET 1/2"BY 14"IRON PIPE WITH CAP NO.45873 Q Q • FOUND MONUMENT AS NOTED ON SURVEY w U 1 INCH = 30 FEET BEARINGS ARE BASED UPON THE EAST LINE OF LOT 1,BLOCK 1,APPLE VALLEY SQUARE 5TH ADDITION, WHICH IS ASSUMED TO BEAR NORTH 00 -_ ^ DEGREE 01 MINUTE 41 SECONDS WEST. v v v I / `1- "L_ I / `r 0' 30' 60' 90' SCALE IN FEET Westwood SECTION 33,1 T.I I5N R.20W Professional Services, Inc. Sheet 2 of 2 Sheets DEVELOPMENT AGREEMENT Between CAR APPLE VALLEY SQUARE, LLC And CITY OF APPLE VALLEY For APPLE VALLEY SQUARE 6TH ADDITION AGREEMENT WHEREAS , the City of Apple Valley, Dakota County, Minnesota, (the "City"), has been requested by CAR Apple Valley Square, LLC, a Delaware limited liability company (the "Developer") to approve for recording the following described plat: The plat of Apple Valley Square 6TH Addition; and WHEREAS , Developer intends to develop the real property legally described on the plat (the "Property") as two (2) lots; and WHEREAS , pursuant to City Ordinances, the Planning Commission held a public hearing with reference to the application for approval of the plat on December 16, 2020; and WHEREAS , the Planning Commission recommended its approval on February 3 , 2021 ; and WHEREAS, the City Council approved the preliminary plat on February 25 , 2021 . 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 Apple Valley Square 6TH Addition, as shown, and noted on Exhibit "A " attached hereto. 2. This Plat is governed by the terms and conditions of the City' s Zoning Ordinance (the "Ordinance") . Any use or development of the Plat shall be in accordance with the provisions of the Ordinance. 3 . The municipal improvements serving the Plat 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 . 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 City shall only be responsible for the maintenance of storm sewer improvements located entirely within public right-of-way or dedicated public easements. 4. The Developer shall comply with the conditions of preliminary plat approval set forth in City of Apple Valley Resolution No . 2021 -32, a copy of which is attached hereto as Exhibit "B " and incorporated herein. 5 . The Developer shall comply with the conditions of building permit authorization set forth in City of Apple Valley Resolution No . 2016-33 , a copy of which is attached hereto as Exhibit "C" and incorporated herein. 6 . Subject to the provisions hereunder, the Developer shall grade the Property and install improvements within the Property, in accordance with and under the following conditions : A. To complete all improvements in conformance with the plans and specifications submitted by the Developer and approved by the City, including but not limited to the following plans prepared by Westwood Professional Services, Inc dated November 18, 2020 (except as noted below), and any subsequent revisions as required by the City Engineer: Sheet 4 Civil Site Plan Sheet 5 Grading & Erosion Control Plan Sheet 6 Utility Plan Sheet 7 Landscape Plan B . To install connections to municipal utilities and street improvements as provided in the Plans set forth in Section 6 (A). C. To construct sidewalk(s) and driveways with concrete or bituminous material in accordance with City construction standards . D . To seal or cause to be sealed all existing wells on the Property in accordance with State, County, and local laws. E. To install a protective box and cover over each sewer cleanout and water shutoff, to City specifications. F. To install all lot monuments upon or before October 31 , 2021 . G. To install and maintain all materials (trees, shrubs, and sod) identified in the City approved landscape plan. H. 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 Property . The Developer further agrees to submit to the City for its approval, a Natural Resources Management Plan prior to any construction or land-disturbing activity in connection with the development of the Property. 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 . To install erosion control measures in accordance with the approved Natural Resources Management Plan. J. To install each item noted in this Section 6 at the Developer's sole cost and expense, in accordance with all plans reviewed and approved by the City . K. 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. L . Developer will not bury any pipe nor install bituminous surface nor pour concrete pursuant to implementing the Plans , without the specific approval of the City Inspector, prior to the work being performed. M . All "on-site" inspections by the City will be done at the sole cost and expense of Developer, by persons supplied by the City. N . The Developer shall repair all damage to City streets, curbs, gutters, utilities, and other municipal improvements caused by or resulting from the development of the Property, at the Developer' s sole cost and expense. O . To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of Eighty-Four Thousand Three Hundred Seventy- Five dollars ($84,375.00) ("Financial Guaranty") to secure the performance and payment of the Developer's construction obligations under this Agreement as they relate to the improvements designated by the City in accordance with the provisions of Section 6 herein, in a form and with terms to the sole satisfaction of the City, until all the construction obligations are fulfilled. Upon the issuance of a final certificate of occupancy for Lot 2, a written request may be made to obtain a release of the Financial Guaranty. At the time of final inspection of all improvements, if it is determined by the City that the City approved plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require retain, or require Developer to post, an amount equal to one hundred twenty-five percent ( 125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as is necessary to complete the improvement(s) in accordance with the approved plans and specifications. P . To pay the City's reasonable costs related to the Property and this Agreement, including but not limited to administration, engineering, legal fees, inspection, and enforcement. The City shall submit invoices to the Developer with detailed descriptions of the services rendered by the City in accordance with this Agreement. The Developer shall deposit the sum of $5,000.00 with the City toward payment of the City's reasonable costs . If the City's reasonable costs exceed the deposit, 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. Q . 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 Property 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 Property, specifically including electrical, telephone, cable television and gas services . The Developer hereby represents that all utility services will be available for a building prior to occupancy of any dwelling in that respective building. 8 . No occupancy of any building in the Property shall occur until water, sanitary sewer, and a paved driving surface are available for use to that building. 9. Prior to the release of the plat for recording, the Developer shall : A. Deliver to the City the Financial Guaranty (Section 60). B . Deposit the funds to the City (Section 6P). C . Pay the following trunk charges in the total amount of $5,522.01 for the Lot 2, Block 1 , of the plat consisting of .445 acres : Calculation Amount Due Water $2,846.00/acre $ 1 ,266.47 Storm $9,563 .00/acre $4,255 . 54 Total: $5,522.01 [Sanitary trunk charges will be due to the City in connection with the construction of improvements on Lot 2 of the Plat, which charges will be calculated at the rate in effect at the time of issuance of a building permit and required to be paid at the time of building permit issuance.] 10 . The parties mutually recognize and agree that park dedication requirements as provided in Chapter 153 of the City Code, shall be satisfied by a cash payment of $3,804.00 . Payment must be made to the City prior to the release of the plat for recording. 11 . The parties mutually recognize and agree that storm water pond dedication requirements, as provided in Chapter 153 of the City Code, shall be satisfied by dedication of drainage and utility easements on the plat, construction of stormwater pond and infiltration basin and execution of a Stormwater Pond Infiltration Basin Construction and Maintenance Agreement in the form attached hereto as Exhibit "D ". The Developer shall execute and record the Agreement with the plat. 12 . The Developer agrees to install and pay for a or private street lighting system for the Property, in accordance with City and Dakota Electric Company standards . 13 . The Developer agrees to provide the City with as-built surveys for any building constructed within the Property, prior to the issuance of the Certificate of Occupancy for that building. 14. The Owner shall prepare and deliver to the City' s Attorney, for review and approval , an easement over, across the Property evidencing the rights to ingress/egress from the Property , and adjoining properties, to a public street, and the maintenance of the private access . Developer is responsible to record the easement agreement with the filing of the Plat. 15 . The Owner shall prepare and deliver to the City' s Attorney, for review and approval, an easement over, across the Property, and adjoining properties, evidencing the rights to utility services from the Property to a connection to the public utilities, and the maintenance of the private utilities . Developer is responsible to record the easement/maintenance agreement with the filing of the Plat. 16 . 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 17 . The Developer shall deliver to the City copies of the recorded documents to evidence that the Developer has complied with its recording obligations under this Agreement. 18 . 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 claim, of any and every nature whatsoever, because of this Agreement, the plat, and the development of the Property. 19 . The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Property and shall be binding upon the respective heirs, administrators, successors and assigns of the Developer. IN WITNESS WHEREOF, the parties have hereunto set their hands. DEVELOPER: CAR APPLE VALLEY SQUARE, LLC , a Delaware limited liability company By : CAR Apple Valley Square Member, LLC, a Delaware limited liability company Its : Sole Managing Member By : RegCal, LLC, a Delaware limited liability company Its : Sole Managing Member By : Regency Centers, L .P . , a Delaware limited partnership Its : Manager By : Regency Centers Corporation, a Florida corporation Its : General Partner By6?e_ ince-ea/MA ttt_L Name : .4, Mc/Se/ moll- . Title : V fh P cplf r O eratonS � P STATE OF I l- i.-i NCB l S ) ) ss . COUNTY OF DUPAC1E ) On this 13 day of r 1 I , 2021 , before me a Notary Public within and for said County, personally appeared Pegg, Li M cr 0c r rrl U to me personally known, who being by me ury sworn, did say that he is the we - Pg.er 11 c percrh0n- of CAR Apple Valley Square, LLC, a Delaware limited liability company named in the instrument, and that said instrument was signed on behalf of said company as the free act and deed of the company. IY\Thom Notary Public Official Seal M Tomes • ' . Notary Public State of Minis My Commission Expires 10/14/2024 • CITY OF APPLE VALLEY By : Clint Hooppaw Its : Mayor By : Pamela J. Gackstetter Its : City Clerk STATE OF MINNESOTA ) ss . COUNTY OF DAKOTA ) On this day of , 2021 , before me a Notary Public within and for said County, personally appeared Clint Hooppaw 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 MGD (66-37171 ) APPLE VALLEY SQUARE 6TH ADDITION mom mamma Its nytuato...wp4A [MPS kg hs saw anninagroan 444*,- _ _....� ..-^ice �w.,W, =....::z.,....wo._ ,""`•'" m �,.,.aw,. upon .ayinuktsraanen.aafranaulaunaure eu ® :ate w Westwood EXHIBIT .A APPLE VALLEY SQUARE 6TH ADDITION I I JAR: sgroenirtnproon 4.. ritl o �;ww Ian I _ _ _ _ ...l f'f I 4 MI I sd� ; 1I1 BLOCK 1 I1 1 w , n ., tra..:^.^-�; li t o ' (. <c LOT 1� H. ig i j .. ..1�" : i ) .. d II -d 1,._. N AIM IMO . MAP lei :,� I.,p�n :. ,..� _01/“...Ba I+ _ L _ I • N.,_...._-..... •"•� westw00f1^°'�^ stemmata EXHIBIT "°" ^'^4 Aa. of-a. ..,.. CITY OF APPLE VALLEY RESOLUTION NO. 2021 -32 PRELIMINARY PLAT APPROVAL APPLE VALLEY SQUARE 6TH 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 December 16, 2020; 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 February 3 , 2021 , 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 one year period, to wit: APPLE VALLEY SQUARE 6TH 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 development agreement to be considered for approval at the time of submission of the request for final plat approval: 1 . Park dedication shall be calculated and required at the time of Site Plan and Building Permit Authorization and shall be paid prior to the issuance of a building permit. This shall be noted in the developer's agreement. 2. The Nat shall be configured to create 2 lots, and zero outlots. 3 . Park dedication shall be calculated and required at the final plat and development agreement and shall be paid prior to release of the final plat for recording. 4. 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. 5 , Submission of a final grading plan and lot elevations with erosion control procedures, to be reviewed and approved by the City Engineer. If the site is. one ( 1 ) or more acres in size the applicant shall also submit a copy of the of the General Storm Water Permit approval from the Minnesota Pollution Control Exhibit B p. 1 of 3 Agency pursuant to Minnesota Rules 7100. 1000 - 7100 . 1100. regarding the State NPDES Permit prior to commencement of grading activity. 6. The City shall receive a hold harmless agreement in favor of the City as drafted by the City Attorney and incorporated into the subdivision agreement. 7. The final plat shall be recorded with the County prior to the issuance of a building permit. 8 . Subject to all conditions noted in the City Engineer's memo dated January 28, 2021 . 9. 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. 10. Installation of pedestrian improvements in accordance with the City's adopted Trail and Sidewalk Policies, to consist of six foot (6') wide concrete sidewalks. 11 . Submission of a final grading plan and lot elevations with erosion control procedures, to be reviewed and approved by the City Engineer. If the site is one (1) or more acres in size 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. 12. Construction and earthmoving activities shall be limited to the hours of 7 : 00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8 :00 a.m. to 5 :00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. ADOPTED this 25th day of February, 2021 . Clint Hooppaw, Mayor ATTEST: niezbitms Pamela J. Gack 4 er, Clerk Exhibit B 2 p. 2of3 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 February 25, 2021 , the original of which is in my possession, dated this day of , 2021 . Pamela J. Gackstetter, City Clerk Exhibit B 3 p. 3 of 3 CITY OF APPLE VALLEY RESOLUTION NO. 2021 -33 A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR CAR APPLE VALLEY SQUARE, LLC TO CONSTRUCT A CHASE BANK 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 February 3 , 2021 . 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 a 3,060 sq. ft. retail building for a Chase Bank is hereby authorized, subject to all applicable City Codes and standards, and the following conditions: 1 . Construction shall occur in conformance with the site plan dated • January 8, 2021 , on file with the City, including parking lot paving and a non- surmountable concrete curb and gutter. 2. Construction shall occur in conformance with the landscape plan dated January 8, 2021 , on file with the City, (including sodded/seeded public boulevard area up to each street curbline); subject to submission of a detailed landscape planting price list for verification of the City's 2 1/2% landscaping requirement at the time of building permit application. 3 . Construction shall occur in conformance with the utility plan dated January 26, 2021 , on file with the City. 4. Subject to all conditions noted in the City Engineer's memo dated January 28, 2021 . 5 . The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of all onsite infiltration areas. • • Exhibit C • p. 1 of 3 6. Trash enclosures shall be screened in conformance with City Code. 7. All necessary mechanical protrusions visible to the exterior shall be screened or handled in accordance with Section 155 .346 (3 .) (a.) (b.) of the city code. 8 . 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. 9. A separate application and signage plan in conformance with the sign regulations must be submitted to the City for review and approval prior to the erection of any signs. 10. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8 : 00 a.m. to 5 :00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. 11 . The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. 12. 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. Exhibit C 2 p. 2 of 3 • ADOPTED this 25th day of February, 2021 . • Clint Hooppaw, Mayor ATTEST: • • Pamela J. Gooks er, lerk • • Exhibit C 3 p. 3 of 3 DECLARATION OF COVENANTS REGARDING UNDERGROUND STORM WATER INFILTRATION SYSTEM This Declaration of Covenants ("Declaration") is made this day of 2021 , by CAR Apple Valley Square, LLC, a Delaware limited liability company, (the "Landowner") . WHEREAS, the Landowner is or will be the fee title holder of real property in Dakota County, Minnesota, legally described as follows : Lot 2, Block I , Apple Valley Square 6TH Addition (the "Property") . WHEREAS, the Landowner plans to install, operate, and maintain an underground storm water infiltration system ("USWIS") on the Property designed by ADS StormTech ., as depicted on the Utility Plan Sheet 6, attached hereto as Exhibit "A", and incorporated herein; and WHEREAS , the Landowner desires to subject the Property to covenants for the installation, operation, maintenance, repair and replacement of the USWIS as further set forth herein; NOW, THEREFORE, the Landowner hereby declares and covenants as follows : 1 . Maintenance. The Landowner shall substantially comply with all installation, inspection, and maintenance recommendations in StormTech' s Chamber Design Manual (the "Manual"), and in particular the Maintenance requirements attached hereto as Exhibit "B" and incorporated herein, as well as the following additional requirements, all at the Landowner' s sole cost and expense: a. The USWIS shall be inspected as specified in the Manual by a qualified person selected by the Landowner. b. The City of Apple Valley (the "City") shall be notified at least 48 hours prior to any inspection or maintenance of the USWIS and, at the sole cost and expense of the City, a representative of the City may observe any inspection or maintenance of the USWIS . r Exhibit D p. 1 of 8 c. The Landowner shall submit a report to the City no later than two weeks after any inspection or maintenance of the USWIS . The report shall include the following: i . Date and time of inspection; ii . Log of findings; iii. Date and time of maintenance; and iv. Log of maintenance performed. d. Within 24 hours of notification by the City, the Landowner shall allow the City, its agents, and employees, at the sole cost and expense of the City, access through all inspection ports for the purpose of measuring water levels in the system (as described in the Manual), isolator rows, and inlet and outlet manholes . e. If at any time the USWIS (i) fails to meet the infiltration volume requirements as represented in the Manual, or (ii) fails to achieve complete infiltration within seventy-two (72) hours after any rain event (collectively, the "Requirements"), the Landowner shall promptly submit to the City a proposed plan and schedule for remediation of the USWIS . If the City denies the proposed remediation plan and schedule, the Landowner shall submit to the City a revised remediation plan and schedule addressing the City's concerns . If the City approves a proposed remediation plan and schedule, the Landowner shall perform remediation in compliance therewith. f. If, following ten (10) business days written notice from the City with opportunity to cure, the Landowner fails to submit a proposed remediation plan and schedule that are reasonably acceptable to the City, or if remediation fails to bring the USWIS into compliance with the Requirements, then the Landowner shall replace the USWIS or any portion thereof as may be reasonably required by the City. 2. Standards for Performance. Any act of construction, maintenance, repair or replacement to be performed under this Declaration shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements . 3 . Amendment. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Declaration shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council or successor body. The Landowner, 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, and may withhold or delay consent for any reason or none whatsoever, or may condition consent upon such terms as the City deems desirable, it being the City ' s absolute right and prerogative to insist that the terms of this Declaration remain in effect and unaltered and to permit amendment, release or termination only at such times and under such circumstances, if any, as the City deems desirable in the exercise of its discretion. The Landowner, on behalf of itself and its successors and assigns, further agrees and covenants, 2 Exhibit D p. 2of8 consistent with this acknowledgement, 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 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. Notwithstanding anything herein to the contrary, the Property shall not be deemed dedicated to the public or otherwise public land, and the City shall have no obligation and no right, not otherwise existing independent of this agreement, under this agreement, or under the ordinances, statutes and other laws under which the City operates, to maintain or administer the Property . 4 . Governing Law . This Declaration shall be construed under and enforced in accordance with the laws of the State of Minnesota. 5 . Authority. The Landowner covenants with the City that they are the fee owners of the Property as described above and have good right to create the covenants contained herein . 6. Duration . The covenants contained herein shall run with the Property and shall bind the Landowner and their successors and assigns . IN WITNESS WHEREOF, the Landowner has executed this Declaration of Covenants . [Signature page to follow.] 3 Exhibit D p. 3 of 8 CAR Apple Valley Square, L - : I - ]aware limited I ' . : ' ' y company By : Its : STATE OF ) ) ss. CO 41 OF ) On this day . , 2021 , before me a No - ' ublic within and for said County, personally a . : - . red to me personally • : n, who being by me duly sworn, did say that he is the of CAR Ap • _ 1 alley Square, LLC, , a Delaware limited liability company named in the instru = • - . that said instrument was signed on behalf of said company as the free act and deed s e comp . - Notary Public THIS INSTRUMENT WAS DRAFTED BY : Dougherty, Molenda, Solfest, Hills & Bauer P .A . 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 4 Exhibit D p. 4 of 8 Is 9{ r �s 4 I .( lir, } _ bthiii f WWII lit a�aa Unuh Naa -nt rAcznaco . e.lI . mme �` r<.o:�°'�"lotgjrezzi pi � :.°�: .. „ :.`.'.Maas rat MaM� w a «�ma.. w � daNSc fail '� III II Ijr 1 , ,,litv,.--4__?. I 4F MI Kg .7..FilliTbroorimim . 10" IgIIIWIITIgIlWa2 roi rig:TAWtrim MP. I Perwtsn Ia —cr ill ffi 6. I q p I. w.+m un wa.«a:n .. ,. ,, ,. ®w.>, .,� ��.. ., ,w,. ., tot Inns ittli V OUP OW an IF . _ . . _ _ . = v.A.s P:;m a « .VAULT all I i rlr ilea. if I j � 'c . Asc ® €-F Mar Fi , '' ..rs i II • r �.. r ]O60sF �' a .. a «,. } I z II I I vas r .ry ,. .. j ' .k u-- L 1 —4... v _ • aii ij ;, . . y.... Mil a,« ems. „w. � �,,. axe 44 fat IV it canttaatt Apple Valley tom ""O" lime " ' I Westwood e-?='r?l -Z - ,,. .— -- -- I I •�"•, Regency Centers Chase Bank misty n.n '.. Irr_ EXHIBIT Exhibit D I A 1 on p. 5 of 8 C7 12 ,0 Inspection and Maintenance StormTech ; 121 ISOLATOR ROW INSPECTION Regular inspection and maintenance are essential r� to assure a properly functioning stormwater system. Inspection is easily accomplished through the manhole or /174ftN' optional inspection ports of an Isolator Row. Please follow I \ \\ entry. local and OSHA rules for a confined space7 `: r Inspection ports can allow inspection to be accomplished ! it completely from the surface without the need for a ; /' Jr confined space entry. Inspection ports provide visual �f access to the system with the use of a flashlight. A stadia 1' .' 1n rod may be inserted to determine the depth of sediment. If upon visual inspection it is found that sediment has accumulated to an average depth exceeding 3" (76 mm), ~•.-. . . _ cleanout is required . '"'�" � ' "`- .. . ., A StormTech Isolator Row should initially be inspected Looking down the Isolator Row immediately after completion of the site's construction. While every effort should be made to prevent sediment from entering the system during construction, it is during .. � .r4st It'• .41 ,. •, Se. this time that excess amounts of sediments are mostI 1 .• <�, t . likely to enter any stormwater system. Inspection and _ • •., • ,t� '•- t , maintenance, if necessary, should be performed prior , `�;• '} : r=;` f' .'• ' • ,� •�� 1iU v c. . :fir . .. .2 ....."�� 1. '^ .. to passing responsibility over to the site's owner. Once Alit'fit' 1 --�"' - - — L. _ in normal service, a StormTech Isolator Row should be �, , ' , < -14 . _ r. inspected bi-annually until an understanding of the sites i A;': ;' ' characteristics is developed. The site's maintenance , , � • 4 '�,. ..: manager can then revise the inspection schedule based ..__ w J dL `• A ^, ;I 1. ' ,i ` :''1 ;; on experience or local requirements. g t h� 12.2 ISOLATOR ROW MAINTENANCE 0 t 1 'li ' I JetVac maintenance is recommended if sediment has r been collected to an average depth of 3" (76 mm) inside the Isolator Row. More frequent maintenance may be required to maintain minimum flow rates through the A typical JetVac truck (This is not a StormTech product.) Isolator Row. The JetVac process utilizes a high pressure water nozzle to propel itself down the Isolator Row while scouring and suspending sediments. As the nozzle is retrieved, a wave of suspended sediments is flushed back into the manhole for vacuuming. Most sewer and pipe maintenance companies have vacuum/ JetVac /l_ , -- , ,I_ eV' combination vehicles. Fixed nozzles designed for culverts .` , - - - , .- t : or large diameter pipe cleaning are preferable. Rear facing 1 , jets with an effective spread of at least 45" (1143 mm) . . : , . are best. The JetVac process shall only be performed A4r' on StormTech Rows that have AASHTO class 1 woven geotextile over the foundation stone (ADS 315ST or equal). r , ''lt ► i-- N • '� f 1 :. y J Examples of culvert cleaning nozzles appropriate for EXHIBIT Isolator Row maintenance. (These are not StormTech b products). P iao l of- 3 Call StormTech at 860.529.8188 or 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 31 Exhibit D p. 6of8 12 .0 inspection & Maintenance STORMTECH ISOLATORTM ROW - STEP-BY-STEP 12.3 ECCENTRIC PIPE HEADER INSPECTION MAINTENANCE PROCEDURES Theses guidelines do not supercede a pipe Step 1) Inspect Isolator Row for sediment manufacturer's recommended l&M procedures. Consult with the manufacturer of the pipe header system for A) Inspection ports (if present) specific l&M procedures. Inspection of the header system i . Remove lid from floor box frame should be carried out quarterly. On sites which generate ii . Remove cap from inspection riser higher levels of sediment more frequent inspections may be necessary. Headers may be accessed through risers, iii . Using a flashlight and stadia rod , measure access ports or manholes. Measurement of sediment depth of sediment may be taken with a stadia rod or similar device. Cleanout iv. If sediment is at, or above, 3" (76 mm) depth of sediment should occur when the sediment volume proceed to Step 2. If not proceed to Step 3 . has reduced the storage area by 25% or the depth of sediment has reached approximately 25% of the diameter B) All Isolator Rows of the structure. i . Remove cover from manhole at upstream end of Isolator Row 12.4 ECCENTRIC PIPE MANIFOLD MAINTENANCE ii. Using a flashlight, inspect down Isolator Cleanout of accumulated material should be Row through outlet pipe accomplished by vacuum pumping the material from the header. Cleanout should be accomplished during dry 1 . Follow OSHA regulations for confined weather. Care should be taken to avoid flushing sediments space entry if entering manhole out through the outlet pipes and into the chamber rows. 2. Mirrors on poles or cameras may be used Eccentric Header Step-by-Step Maintenance to avoid a confined space entry Procedures iii. If sediment is at or above the lower row of sidewall holes [approximately 3" (76 mm)] 1 . Locate manholes connected to the manifold system proceed to Step 2. If not proceed to Step 3. 2 . Remove grates or covers Step 2) Clean out Isolator Row using the JetVac process 3 . Using a stadia rod , measure the depth of sediment 4. If sediment is at a depth of about 25% pipe volume or A) A fixed floor cleaning nozzle with rear facing 25% pipe diameter proceed to step 5 . If not proceed nozzle spread of 45" (1143 mm) or more is to step 6. preferable 5. Vacuum pump the sediment. Do not flush sediment out inlet pipes. B) Apply multiple passes of JetVac until 6. Replace grates and covers backflush water is clean 7. Record depth and date and schedule next inspection C) Vacuum manhole sump as required during jetting Figure 21 - Eccentric Manifold Maintenance Step 3) Replace all caps , lids and covers Step 4) Inspect and clean catch basins and manholes 1 , 2, 6 upstream of the StormTech system following local • guidelines . Figure 20 - StormTech Isolator Row (not to scale) 3, 4, 5 IIIIIIIII ''Igllllllllllllllllllll'���� 7 ) A} 1} 0) 2 11UInWIWI1II!Ln1in11Lifl11WM!MI1111N11IIL Ij► � A 1 RI11rI1IAI IrkPlease contact StormTech's Technical Services rnialliams rl� WFilleiti �1Il i illy Department at 888-892-2894 for a spreadsheet to Lille -" estimate cleaning intervals. t ,- Y--� �� � � � �. r .Jy4A fy '"I?'; .a/ ti J; 32 Call StormTech at 860.529.8188 or 888.892. 2694 or visit our website at www.stormtech.com for technical and product information. Ex IIUIt D p . 7 of 8 601 13.0 General Notes StormTech) 1 . StormTech ("StormTech") requires installing 5. AASHTO M288 Class 2 non-woven geotextile (filter contractors to use and understand StormTech's latest fabric) must be used as indicated in the project plans. Installation Instructions prior to beginning system installation. 6. Stone placement between chamber rows and around perimeter must follow instructions as indicated in 2 . Our Technical Services Department offers installation the most current version of StormTech's Installation consultations to installing contractors. Contact our Instructions. Technical Service Representatives at least 30 days prior to system installation to arrange a preinstallation 7. Backfilling over the chambers must follow consultation . Our representatives can then answer requirements as indicated in the most current version questions or address comments on the StormTech of StormTech's Installation Instructions. chamber system and inform the Installing contractor of the minimum installation requirements before 8. The contractor must refer to StormTech's Installation beginning the system's construction . Call Instructions for a Table of Acceptable Vehicle Loads 860-529-8188 to speak to a Technical Service at various depths of cover. This information is also Representative or visit www.stormtech.com to available at StormTech's website: receive a copy of our Installation Instructions. www.stormtech.com. The contractor is responsible for preventing vehicles that exceed StormTech's 3 . StormTech's requirements for systems with pavement requirements from traveling across or parking over the design (asphalt, concrete pavers, etc.): Minimum cover stormwater system. Temporary fencing, warning tape for the SC-740, DC-780 and SC-310 chambers is 18" and appropriately located signs are commonly used to (457 mm) not including pavement; Minimum cover for prevent unauthorized vehicles from entering sensitive the SC-160LP chamber is 14" (350 mm); Maximum construction areas. cover for the SC-740 and SC-310 chambers is 96" (2.4 m) including pavement design; Maximum cover for the 9. The contractor must apply erosion and sediment SC-160LP chamber is 10' (3 .0 m); Maximum cover for control measures to protect the stormwater system the DC-780 chamber is 12' (3.6 m) including pavement during all phases of site construction per local codes design. For installations that do not include pavement, and design engineer's specifications. where rutting from vehicles may occur, minimum 10. STORMTECH PRODUCT WARRANTY IS LIMITED. required cover is 24" (610 mm), maximum cover is as Contact StormTech for warranty information . stated above. 4. The contractor must report any discrepancies with the bearing capacity of the chamber foundation materials to the design engineer. EXHIBIT ., B a tor -3 • bit StormTech at 860.529.8188 or 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 33 Exh i bit D p . 8 of 8 DECLARATION OF COVENANTS REGARDING UNDERGROUND STORM WATER INFILTRATION SYSTEM This Declaration of Covenants ("Declaration") is made this ) ? day of Apr, I 2021 , by CAR Apple Valley Square, LLC, a Delaware limited liability company, (the "Landowner") . WHEREAS, the Landowner is or will be the fee title holder of real property in Dakota County, Minnesota, legally described as follows : Lot 2, Block 1 , Apple Valley Square 6TH Addition (the "Property") . WHEREAS , the Landowner plans to install, operate, and maintain an underground storm water infiltration system ("USWIS") on the Property designed by ADS StormTech . , as depicted on the Utility Plan Sheet 6, attached hereto as Exhibit "A", and incorporated herein ; and WHEREAS, the Landowner desires to subject the Property to covenants for the installation, operation, maintenance, repair and replacement of the USWIS as further set forth herein; NOW, THEREFORE, the Landowner hereby declares and covenants as follows : 1 . Maintenance. The Landowner shall substantially comply with all installation, inspection, and maintenance recommendations in StormTech ' s Chamber Design Manual (the "Manual"), and in particular the Maintenance requirements attached hereto as Exhibit "B" and incorporated herein, as well as the following additional requirements, all at the Landowner' s sole cost and expense : a. The USWIS shall be inspected as specified in the Manual by a qualified person selected by the Landowner. b . The City of Apple Valley (the "City") shall be notified at least 48 hours prior to any inspection or maintenance of the USWIS and, at the sole cost and expense of the City, a representative of the City may observe any inspection or maintenance of the USWIS . CAR Apple Valley Square, LLC a Delaware limited liability company 6:2-Tht itrainUtt By : Peggy MCberrno tt Its : Pvtyer D a {wn. STATE OF I LLI NO I S ) ) ss . COUNTY OF CD (01 P UJ E ) On this 13 day of Ri'I I , 2021 , before me a Notary Public within and for said County, personally appeared ' i � rir►vito me personally known, who being by me duly sworn, did say that he is the VPe'pp eta of CAR Apple Valley Square, LLC, , a Delaware limited liability company named in the instrument, and that said instrument was signed on behalf of said company as the free act and deed of the company. Official Seal M Toms Notary Public State of Illinois • My Commission Expires 1011412024 Notary Public THIS INSTRUMENT WAS DRAFTED BY : Dougherty, Molenda, Solfest, Hills & Bauer P .A . 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 4 .M . iP11 or:am con Id 1 F jrf" ILINtrtni=MO MS Cetera Willy Nola ` V — M ..a..a as . C: ' leMIK LISSaw „a .a .® . Wa c WAWA.,a; art ., s as ^^° a Kn - F parr mW"' °° :a :a,��^ nwhErattgaras yea,^ ,a „131144 ra"Ill El .,�..ta°' J° 11 il iren 1 Ii r en tr =as ' ,T®tiu1 ' a a ; i.a p It ,.aoa ,.a a.. I :`' - tom iii ♦ Sanew °"wIt.fli91 a.� . �.uu°�aa .°:'�" a.« ""9WO WIT MORO* L��'K.R�"^a` 117I 1-17.0 7.7. x,""o' "�> ,« » a m. p : fie « :. ;: COOEDIflt �>-`a '; ;LY,S as;°..a . . a: „cart �::. .a, = � Win: .., . �b aa.aa , � �� ;,• ;: , TM� �„IXrMair . maail. a4a.a,aaina.,» a »„ ,.."1 . �aaa 1,"Canj • l I 47. L :ar -p e � , . � 2' 111 . ,..4 _ �� iiii ti G 1iA5C ® toil � • `� a cnic WC ritfell II "-r-' i aososv d it -"_'— ".PmFfE-sss m ' .�. q mart 7Ekil a ,a a-waaaa - . a. a° I .a ,owa LI i _ _ 11 ;• 1 I I f _. . . ` �I I X fl Apple Valley p.m OVUM ` I - I Westwood _.rer.,tgra-.... _a.— ..__ ^a^ t ° Chase Bank I �... .. I �.,a-- I . I ` I RegencyICenters Wiry Ma'` EXHIBIT IiAt1 12.0 Inspection and Maintenance StormTech) 12.1 ISOLATOR ROW INSPECTION 7 /' Regular inspection and maintenance are essential • ,► to assure a properly functioning stormwater system. �,� ' Inspection is easily accomplished through the manhole or / ;�, ,:%1 ` - -N .�.\ optional inspection ports of an Isolator Row. Please follow ( �� \ local and OSHA rules for a confined space entry. ' \ Inspection ports can allow inspection to be accomplished •{ completely from the surface without the need for a 1' i �; confined space entry. Inspection ports provide visual \XE access to the system with the use of a flashlight. A stadia l" rod may be inserted to determine the depth of sediment. If upon visual inspection it is found that sediment has accumulated to an average depth exceeding 3" (76 mm), - . - -. -. • anti.. _. . . a. cleanout is required . ��titiY- .S_ A StormTech Isolator Row should initially be inspected Looking down the Isolator Row immediately after completion of the site's construction . While every effort should be made to prevent sediment from entering the system during construction, it is during Mtc . . ;i this time that excess amounts of sediments are most ' ' 21• { likelyto enter anystormwater system . Inspection and .� ' ' i} , '•-" Y P �; , . .'G. .y � '° ? ';> 4 ,• • fir maintenance, if necessary, should be performed prior •of , .:,_-. ./ ti "`• a4• - .r:; f' r,_n • �, ;, to passing responsibility over to the site's owner. Once Alit! • _ 'i !"'" : ' in normal service, a StormTech Isolator Row should be 24 >s' .ice h. 1 inspected bi-annually until an understanding of the sites --t. - - ;-, 1 _ +- 1 characteristics is developed. The site's maintenance , . f aII�� ' (j v. manager can then revise the inspection schedule based ``^ d i • s J� ,� 414 ! . 1 on experience or local requirements. ,rThialli� Q �� 1 P : 4 ? r.Airs- .r 0_12.2 ISOLATOR ROW MAINTENANCE0h fa, e JetVac maintenance is recommended if sediment has �' ' been collected to an average depth of 3" (76 mm) inside the Isolator Row. More frequent maintenance may be required to maintain minimum flow rates through the A typical JetVac truck (This is not a StormTech product.) Isolator Row. The JetVac process utilizes a high pressure water nozzle to propel itself down the Isolator Row while scouring and suspending sediments. As the nozzle is retrieved, a wave of suspended sediments is flushed - :. , back into the manhole for vacuuming . Most sewer and pipe maintenance companies have vacuum/ JetVac _ _ _— combination vehicles. Fixed nozzles designed for culverts Wor"* - or large diameter pipe cleaning are preferable. Rear facing ye ' jets with an effective spread of at least 45" (1143 mm) } are best. The JetVacprocess shall onlybeperformed ,. ' .A on StormTech Rows that have AASHTO class 1 woven geotextile over the foundation stone (ADS 315ST or equal). ,- oPiti- ',,, j n-natn.acrti Examples of culvert cleaning nozzles appropriate for EXHIBIT -. Isolator Row maintenance. (These are not StormTech b ' products). 1a10f- 3 Call StormTech at 860.529.8188 or 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 31 12M inspection & Maintenance STORMTECH ISOLATORT'v' ROW - STEP-BY-STEP 12.3 ECCENTRIC PIPE HEADER INSPECTION MAINTENANCE PROCEDURES Theses guidelines do not supercede a pipe Step 1) Inspect Isolator Row for sediment manufacturer's recommended l&M procedures. Consult with the manufacturer of the pipe header system for A) Inspection ports (if present) specific l&M procedures. Inspection of the header system i . Remove lid from floor box frame should be carried out quarterly. On sites which generate ii . Remove cap from inspection riser higher levels of sediment more frequent inspections may be necessary. Headers may be accessed through risers, iii . Using a flashlight and stadia rod, measure access ports or manholes. Measurement of sediment depth of sediment may be taken with a stadia rod or similar device. Cleanout iv. If sediment is at, or above, 3" (76 mm) depth of sediment should occur when the sediment volume proceed to Step 2. If not proceed to Step 3 . has reduced the storage area by 25% or the depth of sediment has reached approximately 25% of the diameter B) All Isolator Rows of the structure. i . Remove cover from manhole at upstream end of Isolator Row 12.4 ECCENTRIC PIPE MANIFOLD MAINTENANCE ii. Using a flashlight, inspect down Isolator Cleanout of accumulated material should be Row through outlet pipe accomplished by vacuum pumping the material from the header. Cleanout should be accomplished during dry 1 . Follow OSHA regulations for confined weather. Care should be taken to avoid flushing sediments space entry if entering manhole out through the outlet pipes and into the chamber rows. 2. Mirrors on poles or cameras may be used Eccentric Header Step-by-Step Maintenance to avoid a confined space entry Procedures iii. If sediment is at or above the lower row of sidewall holes [approximately 3" (76 mm)] 1 . Locate manholes connected to the manifold system proceed to Step 2. If not proceed to Step 3. 2. Remove grates or covers Step 2) Clean out Isolator Row using the JetVac process 3. Using a stadia rod , measure the depth of sediment 4. If sediment is at a depth of about 25% pipe volume or A) A fixed floor cleaning nozzle with rear facing 25% pipe diameter proceed to step 5. If not proceed nozzle spread of 45" (1143 mm) or more is to step 6. preferable 5. Vacuum pump the sediment. Do not flush sediment out inlet pipes. B) Apply multiple passes of JetVac until 6. Replace grates and covers backflush water is clean 7. Record depth and date and schedule next inspection C) Vacuum manhole sump as required during jetting Figure 21 — Eccentric Manifold Maintenance Step 3) Replace all caps, lids and covers Step 4) Inspect and clean catch basins and manholes 1 , 2, 6 upstream of the StormTech system following local guidelines. Figure 20 — StormTech Isolator Row (not to scale) 3' 4' S IIIIIIIIII $jjj"iillHilllllillllhlmhi__� 1) ar 1 ) A) 2 11 ISIMINIArit I I� r1 14I131 ICI IPlease contact StormTech's Technical Services Department Department at 888-892-2894 for a spreadsheet to �� estimate cleaning intervals. t JSL , .r It 32 Call StormTech at 860.529.8188 or 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 1320 General Notes StormTech 1 . StormTech ("StormTech") requires installing 5. AASHTO M288 Class 2 non-woven geotextile (filter contractors to use and understand StormTech's latest fabric) must be used as indicated in the project plans. Installation Instructions prior to beginning system installation. 6. Stone placement between chamber rows and around perimeter must follow instructions as indicated in 2. Our Technical Services Department offers installation the most current version of StormTech's Installation consultations to installing contractors. Contact our Instructions. Technical Service Representatives at least 30 days prior to system installation to arrange a preinstallation 7. Backfilling over the chambers must follow consultation. Our representatives can then answer requirements as indicated in the most current version questions or address comments on the StormTech of StormTech's Installation Instructions. chamber system and inform the Installing contractor of the minimum installation requirements before 8. The contractor must refer to StormTech's Installation beginning the system's construction. Call Instructions for a Table of Acceptable Vehicle Loads 860-529-8188 to speak to a Technical Service at various depths of cover. This information is also Representative or visit www.stormtech.com to available at StormTech's website: receive a copy of our Installation Instructions. www.stormtech.com. The contractor is responsible for preventing vehicles that exceed StormTech's 3. StormTech's requirements for systems with pavement requirements from traveling across or parking over the design (asphalt, concrete pavers, etc.): Minimum cover stormwater system. Temporary fencing, warning tape for the SC-740, DC-780 and SC-310 chambers is 18" and appropriately located signs are commonly used to (457 mm) not including pavement; Minimum cover for prevent unauthorized vehicles from entering sensitive the SC-160LP chamber is 14" (350 mm); Maximum construction areas. cover for the SC-740 and SC-310 chambers is 96" (2.4 m) including pavement design; Maximum cover for the 9. The contractor must apply erosion and sediment control measures to protect the stormwater system SC-160LP chamber is 10' (3.0 m); Maximum cover for during all phases of site construction per local codes the DC-780 chamber is 12' (3.6 m) including pavement design. For installations that do not include pavement, and design engineer's specifications. where rutting from vehicles may occur, minimum 10. STORMTECH PRODUCT WARRANTY IS LIMITED. required cover is 24" (610 mm), maximum cover is as Contact StormTech for warranty information. stated above. 4. The contractor must report any discrepancies with the bearing capacity of the chamber foundation materials to the design engineer. EXHIBIT ki B 3eF3 Call StormTech at 860.529.8188 or 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 33 •••• ITEM: 4.J. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Project 2021-146, Pennock Retail Center Sanitary Sewer Lining Staff Contact: Department/ Division: Brandon Anderson, City Engineer Engineering Division ACTION REQUESTED: 1. Adopt resolution accepting easements and approving the Utility Easement Agreement. 2. Approve Cost Sharing Agreement with Delta V AV, LLC. SUMMARY: As a condition of approval of the proposed Pennock Retail Center at the SE corner of County Road 42 and Pennock Avenue, a 30' drainage and utility easement was to be dedicated over the existing 21" RCP Sanitary Sewer and 8" DIP water main that crosses the property. In order to minimize future maintenance needs of this sanitary sewer line on the property, the landowner has agreed to have the sanitary sewer lined as part of a public improvement project to extend the life of the pipe and has agreed to pay a portion of lining of the pipe within the property limits (the pipe from manhole to manhole is 250 linear feet and the portion within site is 117 linear feet) along with the dedication of a 20' easement in lieu of the approved 30' easement. The work will be performed by the City of Apple Valley as part of Project 2021-114, 146th Street Court Sanitary Sewer Improvements in 2021. BACKGROUND: N/A BUDGET IMPACT: As outlined in the cost agreement and Award of Contract for Project 2021-114, 146th Street Court Sanitary Sewer Improvements, the City will pay for additional lining of the sanitary sewer outside the property limits in the amount of $31,612.77. Funding will come from the Sanitary Sewer Utility Fund. ATTACHMENTS: Exhibit Resolution Agreement Agreement Exhibit B Utility Easement Area Lot 1, Block 1, APPLE VALLEY SQUARE 2nd ADDMON Apple Valley, Dakota County, Minnesota PROPERTY DESCRIPTION Lot 1,Block 1,Apple Valley Square 2nd Addition,according to the recorded plat thereof,Dakota County,Minnesota. LEGAL DESCRIPTION OF EASEMENT AREA That part of Lot 1,Block 1,Apple Valley Square 2nd Addition,according to the recorded plat thereof,Dakota County,Minnesota,legally described as follows: Commencing at the northwest corner of said Lot 1;thence South 89 degrees 55 minutes 25 seconds East,assumed bearing along the North line of said Lot 1,a distance of 27.07 feet to the point of beginning of the easement to be described;thence continuing easterly,along said North line,a distance of 20.00 feet;thence South 00 degrees 04 minutes 35 seconds West,a distance of 123.42 feet to the westerly line of said Lot 1;thence northwesterly,along said westerly line,24.53 feet along a curve,concave to the southwest,having a radius of 254.57 feet,a central angle of 5 degrees 31 minutes 12 seconds,and a chord that bears North 33 degrees 17 minutes 49 seconds West,to a point of reverse curvature in said westerly line;thence continuing northwesterly along said westerly line,11.58 feet along a reverse curve,concave to the northeast,having a radius of 174.57 feet,a central angle of 3 degrees 48 minutes 02 seconds,and a chord that bears North 34 degrees 09 minutes 36 seconds West;thence North 00 degrees 04 minutes 35 seconds East,a distance of 93.97 feet to the point of beginning and there terminating. t"------- of Beginning I Point of Commencement I Existing 150TH STREET WEST Northwest corner of Lot_ 1, I 1 Sanitary 1 L Manhole (COUNTY ROAD NO. 42) Block 1, Apple Valley i I aoS89°55125"E (A Public R/W) Square 2nd Addition IS89°55'25"E/ 0q.„.----/-/' 20.00 \ — 40— --i- — _410_ _ , , NI - North Line of Lot 1, Block 1, 4� 20.00 - Apple Valley Square 2nd Addition 2 n I r — 2 0 /_I f h l l- I- rn /op; / 1 / / L _ L - � O M N G6� Tr . al I In 12._ `/ M'� C I /\ -I A J A O O L_ ,i Z M Westerly Line of Lot 1, 0 1 / A I I r \ / Block 1, Apple Valley-__1 o I / / I / / /- Y Square 2nd Addition 20.00 - i , o v / 1 L _ L _ L - / 53 c c7\ ./ ----- / Point of Reverse Curvature in the Westerly Line of 6���� ��— Lot 1, Block 1, Apple Valley Square 2nd Addition , „ -,- Q° Q D I I i l l i \ 0. • V-3'A 0i' / — ' % GGO�\ p \s���f \ s_ '0s 3l v? v f < I l 1 1 K c N./(1.)\ to 7`� p �' / - / ♦ I I n r ♦ r — E �° / / / / / I /- r /- L C / \ A \ / / 1 I I L — (0 to U) Vy / / \ / / / / I / / / / Z_ I V L / / I L / L / . WX �W MINNESOTA CERTIFICATION O VH O O I hereby certify that this survey,plan or report was Rprepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the O ID p State of Minnesota. Dated this 8th Arpil,2021 4931 W.35TH ST.SUITE 200 0 40 80 ST.LOUIS PARK,MN 55416 —� CivilSiteGroup.com Roy .Syns Minnesota License No.44565 SCALE IN FEET Drawn By: SW Project No. 15080.02 SHEET 1 OF 1 CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION ACCEPTING EASEMENTS FOR PROJECT 2021-146, PENNOCK RETAIL CENTER SANITARY LINING WHEREAS, as a condition of approval of the proposed Pennock Retail Center(Project No. AV 090255) at the SE corner of County Road 42 and Pennock Avenue, the City required an easement over the existing 21"RCP Sanitary Sewer and 8"DIP water main that crosses the property; and WHEREAS, the City and property owner have negotiated a cost-sharing agreement whereby the sanitary sewer main will be lined as part of Project 2021-114, 146th Street Court Sanitary Sewer Improvements to be complete by 8/22/2021 in order to reduce the width of the easement required; and WHEREAS, the City Council believes it to be in the best interest of the City to approve the cost-sharing agreement and accept the permanent easement necessary for construction and perpetual existence of the improvements on and affecting the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. The City of Apple Valley hereby approves the proposed Cost-Sharing Agreement between DeltaV-AV, LLC and the City of Apple Valley, and 2. The City of Apple Valley hereby approves the Easement Agreement dated April 22, 2021 which conveys a permanent utility easement as described therein. ADOPTED this 22nd day of April, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk UTILITY EASEMENT ex This UTILITY EASEMENT("Easement Agreement")is made and entered into this laday of April,2021,by and between DeltaV-AV,LLC,a Minnesota limited liability company (the"Grantor"),and the City of Apple Valley,municipal corporation,organized under the laws of the State of Minnesota(the"Grantee"). Grantor and Grantee are individually referred to herein as a"Party" and collectively as the "Parties". RECITALS WHEREAS,Grantor is the owner in fee simple of a certain parcel of land located in the City of Apple Valley, Dakota County, State of Minnesota, legally described on Exhibit A attached hereto(the "Grantor Property"); and WHEREAS,the Grantee installed public utilities consisting of a watermain, and 21-inch sewer line across approximately 116.5 linear feet of Grantor Property,and such utilities remain currently present in the subsurface of the Grantor Property("Public Utilities"); and. WHEREAS,the Grantee may by law acquire lands and easements needed for public purposes upon payment of just compensation for said lands and/or easements,or where so authorized,under an official control; and WHEREAS,the Grantee identified a public purpose and need to acquire a utility easement over the Public Utilities located on the Grantor Property,and has approved a site plan with certain variances, a conditional use permit,and building plans for the issuance of a building permit associated with the Grantor Property,subject to various conditions,one of which required the grant of an easement over the Public Utilities; and WHEREAS,the Grantee has further identified a public purpose and necessity to re-line the existing sanitary sewer main from manhole to manhole,including that portion running through the 116.5 linear feet of the Grantor Property for an approximate total length of 250 linear feet(the"Sewer Main"), and Grantor and Grantee have negotiated in good faith and agreed under a separate agreement to share in the costs to line the Sewer Main located on the Grantor Property, and to establish the width of the easement required to 20 feet as shown and depicted on Exhibit B; and WHEREAS,Flagship Bank Minnesota,holder of that certain mortgage and assignment of leases and rents dated August 7,2020 and recorded August 12,2020 as Document Nos.3390357 and 3390358 in the Office of the County Recorder,Dakota County,Minnesota(collectively,the"Mortgage")has consented on the attached Exhibit C to the Grantor's conveyance of the easement set forth herein and depicted on Exhibit B. NOW, THEREFORE, in consideration of the foregoing and the mutual terms,conditions,and covenants contained herein,and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Grantor and Grantee hereby agree as follows: 1. Recitals. The above recitals are hereby incorporated into and made part of this Easement Agreement. 2. Grant of Easement; Termination. The Grantor does hereby grant and convey to the Grantee, its successors and assigns, a perpetual non-exclusive easement over, under,across and through that portion of the Grantor Property,the area being legally described and depicted on the attached Exhibit B for utility purposes,including the right to access thereto solely for the purpose of maintaining,replacing and repairing the Public Utilities,and further,to remove trees,shrubs, brush or undergrowth or other obstructions lying within the easement and to restore any Grantor Improvements and/or landscaping disturbed by such activities(the"Easement"). In the event that such utilities are ever relocated or abandoned,the Easement and the rights and obligations under this Easement Agreement shall terminate by its own terms as of the date of relocation or abandonment. 3. Rights of Grantor. The Grantor reserves the right to use the surface area of the Grantor Property and construct,reconstruct,and maintain improvements as shown on the plans submitted and approved in conjunction with the site plan and building permit relating to Project No.AV 090255 (the"Grantor Improvements"). 4. Grantee Maintenance Obligations. The Grantee shall have the sole obligation to maintain, repair and/or replace the Public Utilities including the pipes,conduits and mains and to diligently pursue the repair of any disturbance or damage caused by the Grantee's obligations under this Easement Agreement,and restoring, at Grantee's sole expense,the Grantor Property and/or Grantor Improvements located within the Easement area to the condition which existed immediately before the Grantee performed its maintenance obligations, in accordance with those specifications identified in the Project Plans,collectively,the("Easement Maintenance Obligations"). Once the Grantee has completed any work related to the replacement,repair and maintenance of the Public Utilities located within the Easement area, and to the extent that any excavation necessary as part of that work has been completed,the Grantee shall commence and diligently pursue and complete any backfilling and restoration necessary to the Grantor Property due to the work. Grantee shall provide Grantor with at least thirty(30)day prior written notice of any necessary excavation or disturbance of the Grantor Property, 5. Right of Grantor to Perform Work. In the event that the Grantee fails to begin restoration of the Grantor Property(weather permitting)within seven(7)days after completion of any of Grantee's Easement Maintenance Obligations,the Grantor, upon written notice to the City Clerk of Grantee, shall have the right to perform the restoration and submit an invoice to the Grantee for timely reimbursement not to exceed thirty days, for all costs so incurred by the Grantee's failure to act in accordance with this Easement Agreement. In the event Grantee does not pay Grantor for restoration work performed by Grantor as required under this Easement Agreement, such failure shall be deemed a breach of this Easement Agreement. 6. Indemnification. The Grantor and Grantee hereby agree to hold the other harmless from any and all third-party claims,actions,damages, liability,and expense claimed in connection with damage to property or bodily injury arising out of each Party's respective use or occupancy of the property contained within the Easement for the purposes described herein. 7. Binding Effect. This Easement Agreement shall run with the Grantor Property and be perpetual in nature subject to the terms herein and shall be binding upon and inure to the benefit of the respective successors and assigns of the Grantor and Grantee. 8. Waiver. No delay by any Party in exercising any right or power arising out of any default under the terms and conditions of this Easement Agreement shall be construed to be a waiver of that right or power. A waiver by a Party of any of the obligations of the other Party shall not be construed to be a waiver of any breach of any other term or condition of this Easement Agreement.Failure to enforce any provision hereof in one or more instances shall not constitute a waiver of the right to enforce such provision or any other provision of this Easement Agreement in other instances. 9. Counterparts.This Easement Agreement may be executed in one or more counterparts, each of which shall be deemed an original. The signatures to this Easement Agreement may be executed and notarized on separate pages,and when attached to this document, shall constitute one complete document. 10. Attorney Fees. If any party to this Easement Agreement(or its successors in title)shall bring an action,legal or equitable, against any other party to this Easement Agreement(or its successors in title)in connection with any alleged breach of the terms and provisions hereof,the prevailing party shall be entitled to attorney fees and costs in connection with any such action. 11. Governing Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12. Severability. In the event that any term or condition of this Easement Agreement is deemed invalid or unenforceable,the remainder of this Easement Agreement,or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable,shall not be affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 13. Notices. All notices to be given under this Easement Agreement shall be given in writing, delivered in person or sent by certified mail to the address or addresses to which tax statements would be sent by the real estate taxing authority of Dakota County,Minnesota if to Grantor, and if to Grantee,to the City Clerk of the City of Apple Valley. 14. Authority. The Grantor warrants and represents to the Grantee that it is the owner of the Grantor Property legally described on Exhibit A and has the full authority and right to enter into this Easement Agreement. 15. Entire Agreement. This Easement Agreement constitutes the entire agreement between the Parties as to the subject matter hereof and may not be changed except by a written document expressly stating that the intention to amend or alter this Easement Agreement, executed,and acknowledged by the Parties. Exhibits A,B and C referenced herein are hereby incorporated by reference. IN WITNESS WHEREOF,the Parties hereto have caused this Easement Agreement to be executed on their behalf by their duly authorized officers,as of the day and year first above written. GRANTOR: DELTAV.-AV,LLC .4-1r-k, LISA M MCCORMICK : ?` NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01/31123 Elias Saman,Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY/� ) On this Ac Iday of 4i ( ,2021,before me,a notary public, appeared Elias Saman,the Chief Manager of DELTAV-AV,LLC,a Minnesota limited liability company named in the foregoing instrument, and signed said instrument on behalf of the limited liability company. Y>t,a, M (Signature of notarial officer) My commission expires: f/F7/23 GRANTEE: CITY OF APPLE VALLEY, a Minnesota municipal corporation By: Clint Hooppaw By: Pamela J. Gackstetter Its: Mayor Its: City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of April, 2021, by Clint Hooppaw, Mayor, and Pamela J. Gackstetter, City Clerk, of the City of Apple Valley, a Minnesota municipal corporation,on behalf of the City of Apple Valley. (Signature of notarial officer) My commission expires: THIS INSTRUMENT DRAFTED BY: AFTER RECORDING,RETURN TO: Lisa McCormick Lisa McCormick Attorney at Law Attorney at Law 2355 Fairview Avenue,1Avenue,II 275 2355 Fairview Avenue,#275 St.Paul, MN 55113 St. Paul, MN 55113 EXHIBIT"A" Legal description of Property Lot 1,Block I,Apple Valley Square 2nd Addition,Dakota County,Minnesota EXIMiT "B" Legal description and depiction of Easement Area Exhibit B Utility Easement Area Lot 1, Block 1, APPLE VALLEY SQUARE 2nd ADDITION Apple Valley, Dakota County, Minnesota PROPERTY DESCRIPTION Lot 1,Block 1,Apple Valley Square 2nd Addition,according to the recorded plat thereof,Dakota County,Minnesota. LEGAL DESCRIPTION OF EASEMENT AREA That part of Lot 1,Block 1,Apple Valley Square 2nd Addition,according to the recorded plat thereof,Dakota County,Minnesota,legally described as follows: Commencing at the northwest corner of said Lot 1;thence South 89 degrees 55 minutes 25 seconds East,assumed bearing along the North line of said Lot 1,a distance of 27.07 feet to the point of beginning of the easement to be described;thence continuing easterly,along said North line,a distance of 20.00 feet;thence South 00 degrees 04 minutes 35 seconds West,a distance of 123.42 feet to the westerly line of said Lot 1;thence northwesterly,along said westerly line,24.53 feet along a curve,concave to the southwest,having a radius of 254.57 feet,a central angle of 5 degrees 31 minutes 12 seconds,and a chord that bears North 33 degrees 17 minutes 49 seconds West,to a point of reverse curvature in said westerly line;thence continuing northwesterly along said westerly line,11.58 feet along a reverse curve,concave to the northeast,having a radius of 174.57 feet,a central angle of 3 degrees 48 minutes 02 seconds,and a chord that bears North 34 degrees 09 minutes 36 seconds West;thence North 00 degrees 04 minutes 35 seconds East,a distance of 33.97 feet to the point of beginning and there terminating. '-"'---Point of Beginning I Existing 150TH STREET WEST Point of Commencement I r Sanitary Northwest corner of Lot 1, (COUNTY ROAD NO. 42) Block 1, Apple Valley 1 l _ Manhole (A Public R/W) Square 2nd Addition IS89°55'25"Ef a2.-�+ S89°55'25"E 27.07 ,•*) j 20.00 •— ^ r. I l �_ North Line of Lot 1, Block 1, .d 20.00 ' Apple Valley Square 2nd Addition 2 I A r� r' r r- 2 I / 1 f-" r-� l r-- rn _ m I / 1 + r L. L _ 1: O tri --..� rn • C6� w I r' in A �— A v 0 ri`�,. r 1 I f ! w - c_ a, r r !`l_\ z I-,-'` i t , rn Westerly Line of Lot 1, 1' ; o I / A I I r- 1 / Block S Apple Valle i I;' t i / 1 r r r r pA Y�_� 1 ;- v , -, L_ L_ L._ I Square 2nd Addition 20.00 - I N _ Point of Reverse Curvature in the WesterlyLine of �% 15,51 ohs= Ir '- Lot 1, Block 1,Apple Valley Square 2nd Addition „ LP e 5r� cp 'I r I r i ° Q O L_ al f .e_ \ .5) 41,„ - r)., Q1 i5'.' I /I III ��\ 1- as v'r.� a�'-\ r- 4 l I r f - r o S7 ,7 LJ L_ • / 4s I N. r 1�J�r', . ln p'9% m \E /' i\ I I A r, 1—� m r ! 1 1 / 1 $-! >- - a,/ ', ( k e. / 1 r IL _ co Ch cn A f rl A r, r, --a1 ' / ! 1 ! ! $ / 1 1 ! ! G - u) L_ r v L / / L w ul \ x ur NI MINNESOTA CERTIFICATION sw.,r 3eryh .;�.. I hereby certify that this survey,plan or report was " fe prepared by me or under my direct supervision and that I Ciiiildi am a duly Licensed Land Surveyor under the laws of the G R CO u P State of Minnesota. Dated this 8th Arpil,2021 4931 W.35TH ST.SUITE 200 0 40 80 ST.LOUIS PARK,MN 55416 CivilSiteGroup.corn Ro .Syn Minnesota License No.44565 SCALE IN FEET Drawn By: SW Project No. 15080.02 SHEET 1 OF I. EXHIBIT"C" Mortgagee Consent to Easement CONSENT OF MORTGAGEE Dated: April l L 2021 Flagship Bank, a Minnesota banking corporation, as a mortgagee of the real property described in that certain Third Party Mortgage and Assignment of Leases and Rents recorded August 12, 2020, as Document Nos. 3390357 and 3390358 respectively (the "Mortgage"), does hereby consent to the terms of the Utility Easement(the"Easement")to which this consent is attached and the grant of the easement contained therein, and agrees to be bound by the terms thereof and agrees that its rights under the Mortgage and its interest in the land described therein shall be subordinate to the easement and covenants set forth in the Easement. FLAGSHIP BANK B L S Its y Le__ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this / . ay of March, 2021,by Heidi Johnson, as Vice President of Flagship Bank, a Minnesota banking corporation. d% ER1CA K JAMESON ti Notary Public NOTARY PUBLIC-MINNESOTA My commission expires: l . 1 4 `'„1 My Jan.31,2022 � ..ry � Commission Expires Y�.l-X.Y.lJl✓J�Jt✓JllJll✓.r./.11JJ✓.J This instrument was drafted by: Lisa McCormick, Attorney at Law 2355 Fairview Avenue,#275 St. Paul, MN 55113 COST SHARING AGREEMENT a A THIS COST SHARING AGREEMENT ("Agreement") is made this / ' day of April 2021, by and between Delta V-AV, LLC, a Minnesota limited liability company (hereinafter referred to as "Landowner"), and the City of Apple Valley, a municipal corporation, organized under the laws of the State of Minnesota, (hereinafter referred to as the "City"). Landowner and the City are individually referred to herein as a"Party" and collectively as the "Parties." RECITALS A. Landowner is the fee holder of title of property located in the City of Apple Valley, Dakota County, Minnesota legally described as: Lot 1, Block 1 Apple Valley Square 2nd Addition (Hereinafter the "Property") B. The City has identified a public purpose and necessity to re-line the existing sanitary sewer main, consisting of approximately 250 linear feet, of which 116.5 linear feet is located within the proposed easement area as described below(the"Improvements"). C. In contemplation of the work described herein, the Landowner has agreed to convey to the City, a twenty (20) foot utility easement under a separate easement agreement over and under the area of the Property containing the sanitary sewer main("Easement"). D. The City intends to include the re-lining of the sanitary sewer main located under the Property as part of a City project("Project")to be substantially completed by August 22,2021. E. The parties have agreed to share in the costs of re-lining of the sanitary sewer main and have negotiated this Agreement in good faith. NOW, THEREFORE, in consideration of the mutual terms and conditions herein contained,the Parties hereby agree as follows. ARTICLE I PAYMENT A_ The Parties agree that the length of the sanitary sewer main located on the Property is approximately 116.5 feet. The Parties agree that the Landowner shall pay the City its proportionate share of the bid accepted for the work, plus overhead up to a maximum amount of Twenty-Seven Thousand Eight Hundred Nine and zero Dollars($27,809.00)("Payment Amount") towards the cost of the Project. This Project is scheduled to be substantially complete by August 22, 2021. B. Landowner acknowledges and agrees that the City shall include the Improvements as part of the Project, which will be advertised for bid. The Improvements will be included in the bidding and contracting process of the Project. Landowner acknowledges and agrees that the relining of the sanitary sewer pipe,including the Improvements,will be awarded to the bidder who submits the lowest responsive bid for the entire Project, whether or not the price bid for relining of the sanitary sewer pipe by that bidder is the lowest bid for that work received by the City from all bidders, and whether or not Landowner believes it could have received a lower bid if it had completed the Improvements on its own. The City shall be responsible for the cost of the Improvements to the extent the cost exceeds the Payment Amount. C. Landowner shall pay the Payment Amount to the City on or before April 30,2021. ARTICLE II NIISCELLANEOUS A. The Parties, on behalf of themselves and their successors and assigns hereby waive any claims it may have against the other arising from the construction of the Improvements. Parties agree that in the event a claim arises,the City shall seek relief directly from the contractor's two-year warranty and performance bond retained by the City to perform Improvements for any workmanship or warranty issue arising from the Improvements. B. This Agreement shall be construed and enforced with accordance of the laws of the State of Minnesota. C. This Agreement is subject to approval by the City Council acting on behalf of the City and sets forth the entire understanding of the parties. Once approved and executed, it may not be changed except by a written document expressly stating that intention to amend or alter this Agreement, executed, and acknowledged by all parties to this Agreement. D. This Agreement may be executed in one or more counterparts each of which once executed and delivered shall be an original, but which together shall constitute one in the same instrument. E. All notices to either Party to this Agreement shall be delivered in person or sent by certified mail,postage prepaid to the other Party at the Parties' last known address. F. In the event that any term or condition of this Agreement, or the application of this Agreement to any person or circumstance is deemed invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition to persons or circumstances other than those to which it is held invalid or enforceable, shall not be affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law. G. No delay or admission by any Party in exercising any right or power arising out of any default under of the terms and conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a Party of any of the obligations of the other Party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. H. No breach hereunder shall entitle any Party to cancel, rescind, or otherwise terminate this Agreement. I. The Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the owner of the Property aforesaid and has good right to enter into this Agreement. IN TESTIMONY WHEREOF,the Parties have caused this Agreement to be executed as of the day and year first above written. Delta V-AV,LLC USA M MCCORMICK NOTARY PUBLIC-MINNESOTA By: . ` MY COMMISSION EXPIRES 01/31/23 Elias Saman Its: Chief Manager STATE OF MINNESOTA) )ss. COUNTY OF The foregoing instrument was acknowledged before me this / 7' 1 day of April,2021,by Elias Saman, the Chief Manager of Delta V-AV, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public CITY OF APPLE VALLEY By: Clint Hooppaw Its: Mayor ATTEST: By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of April, 2021, by Clint Hooppaw, Mayor, and Pamela J. Gackstetter, City Clerk, of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the City of Apple Valley. Notary Public •••• ITEM: 4.K. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Apple Valley Commerce Center(6080 147th Street W.) Staff Contact: Department/ Division: Kathy Bodmer,Al CP, Planner Community Development Department Applicant: Project Number: Scannell Properties #281, LLC, and Menard, Inc. PC19-20-SB Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: 1. Adopt resolution completing vacation of drainage and utility easements on Outlot B, Menards at Hanson Concrete (Preliminary platted as Lot 1, Block 1, Apple Valley Commerce Center). 2. Adopt resolution approving Final Plat, Development Agreement and associated agreements for Apple Valley Commerce Center. 3. Approve Sub-Recipient Agreement with Scannell Properties #281, LLC, for MN Department of Employment and Economic Development (DEED) Contaminated Site Clean Up Grant, providing local match minimum of$277,475. SUMMARY: Scannell Properties #281, LLC, and Menard, Inc., request the final approvals necessary to complete the Apple Valley Commerce Center final plat and development agreement. The subdivision essentially "squares-off' the Scannell lot to make it more suitable for development. Scannell wishes to reconfigure its lot so that it can construct a 117,000 sq. ft. flex-industrial office warehouse building. The following actions are requested: complete the vacation of a drainage and utility easement, approve the final plat and development agreement for the Apple Valley Commerce Center, and approve a sub-recipient agreement between Scannell and the City. The City gave preliminary project approvals at its March 12, 2020, meeting. BACKGROUND: Vacation: The subject easement to be vacated is a large drainage and utility easement currently located on the Menard Outlot B property. The easement was dedicated for a large storm sewer trunk easement that drains Johnny Cake Ridge Road as part of the Menards at Hanson Concrete development. The vacation is requested to relocate the easement to better align with the new property line location established with the Apple Valley Commerce plat. The public hearing to consider the vacation was conducted June 11, 2020. The vacation is initiated by the two property owners surrounding the easement, Scannell Properties #281, LLC, and Menard, Inc. The two property owners have worked closely with the City Engineer to select a new easement location in a location that will not impede development. The vacation of the drainage and utility easement will be followed by dedication of replacement easements with the new Apple Valley Commerce Center plat. The City Engineer supports the requested vacation based on the rededication of easements. The City received correspondence from Center Point Energy and Frontier Communications; both utility companies stated they had no concerns regarding the vacation. Final Plat and Development Agreement: The final plat and development agreement memorialize the approvals for the Apple Valley Commerce Center Development. It will be executed between the developer and owner, Scannell Properties #281 and the City. The form of the development agreement has been agreed to by the parties. The terms of the agreement are standard, including Park Dedication taken as a cash-in-lieu of land dedication, and the private installation of public utilities with City staff designing and inspecting the work. Pond dedication will be addressed with the construction of a storm water basin on Lot 1, Block 1 and a Storm Water Maintenance Agreement. In addition, the developer will also execute a an Access Restriction Easement to restrict access to the approved driveway on 147th Street W. and no accesses off of Johnny Cake Ridge Road. Sub-Recipient Agreement: The City of Apple Valley agreed to assist Scannell with the cleanup of the property by acting as a project sponsor or a pass-through for the Minnesota Department of Employment and Economic Development (DEED) cleanup grant. The City of Apple Valley would make no financial contribution toward the project, but would assist the property by acting as the applicant and "pass-through" for the State cleanup assistance. At its April 23, 2020, meeting, the City Council agreed to act as a project sponsor for State contaminated site clean-up funding on behalf of Scannell for the 8.4-acre site. On June 30, 2020, the City was notified that the DEED Cleanup Grant Application had been approved for the $1.1 million project. DEED will provide 75% of the clean-up cost, or $832,425; the local match will be paid for by Scannell, in the amount of$277,475. The attached Sub-Recipient Agreement will be executed between the City and Scannell to formalize the pass-through arrangement as part of the execution of the development agreement. BUDGET IMPACT: N/A ATTACHMENTS: Map Map Resolution Resolution Agreement Agreement Pv WERE FOREST/0 - ® \t \ N DTI% � ( . F`� FLAG Sib ' F TRL 1 FOB-" ! '�. 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A o r.ASE11Eorr. 1.ee rzro PO u,,rw= Apple Valley Commerce Center CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION VACATING PUBLIC GROUNDS WHEREAS, pursuant to the requirements of Minnesota Statutes Chapter 412.851, the City Council of Apple Valley held a public hearing on June 11,2020,with respect to the vacation of certain public grounds described in the attached Notice of Completion of Public Grounds, and WHEREAS, it appears it will be in the best interest of the City of Apple Valley and the public to vacate said grounds as such grounds are no longer needed to serve a public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that: 1. The vacation of the public grounds described in the Notice of Completion of Vacation of Public Grounds, attached, is hereby approved. 2. The City Clerk shall present said Notice of Completion of Vacation of Public Grounds to the County Auditor and County Surveyor and then file a copy with the County Recorder pursuant to law. ADOPTED this th day of , 2021. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk NOTICE OF COMPLETION OF VACATION OF PUBLIC GROUNDS IN THE CITY OF APPLE VALLEY,DAKOTA COUNTY,MINNESOTA TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that pursuant to the resolution of the City Council on , 2021, the City Council of the City of Apple Valley, Dakota County, Minnesota, passed a resolution vacating the following described public grounds in Apple Valley, to-wit: That part of the public drainage and utility easement dedicated over OUTLOT B, MENARDS AT HANSON CONCRETE, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly of the following described line: Commencing at the northeast corner of said OUTLOT B; thence on as assumed bearing of South 00 degrees 05 minutes 31 seconds West, along the east line of said OUTLOT B, 108.19 feet to the point of beginning for said line; thence North 89 degrees 54 minutes 29 seconds West 764.19 feet to the west line of said OUTLOT B and said line there terminating. Notice is further given that the vacation proceedings were completed by the City Council on the th day of ,2021. A copy of the Resolution of Vacation of Public Grounds is attached hereto as Exhibit A and incorporated herein. IN WITNESS WHEREOF, I have set my hand this day of , 20 , as Clerk of the City of Apple Valley, Dakota County, Minnesota. (SEAL) Pamela J. Gackstetter, City Clerk STATE OF MINNESOTA ) ) ss. ) On this day of , 20 , before me a notary public within and for Dakota County,Minnesota,personally appeared Pamela J. Gackstetter, City Clerk of the City of Apple Valley, Dakota County,Minnesota,known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed with the authorization and under the direction of the City Council of the City of Apple Valley, Dakota County, Minnesota. Notary Public This document drafted by: Pamela J. Gackstetter, City Clerk City of Apple Valley 7100 West 147th Street Apple Valley, Minnesota 55124 moir milsipi 1 I • 1,%• I ijl i4ilTiJu1L EW =0.� 5 • � _, UPPER 147TH S W ,q �, z `.Z „•, � _. ti k % W Cam -,T .it °t f' '\ /SITES 'A r 8Tti illitip ' ......." ,.rall--rr iii"7-'", ''� 149TH ST W• ' .. - A • i.,� _ - - 'ram 1 + y �� =�- - 150TI-1 ST W �" 150TH ST W_ _ _. -.. . — _ , ... • ,.; r -151 ST ST,W - OUTLOT B .._ ... r . MENARDS AT HANSON7 ,�, r reel; CONCRETE ""a`"'iAirld es p,�_LI. 1,1 µ, £ a'i �\'1 d1114' 111 r 1, _ PinailLEMIAWA �.�T - Ie.F�;:n LOCATION MAP Ott,' �W "�-k , ; fl Fil \ ___.! 1 1 0 IDALIT rmr TI Ir- r-A^T 9 /7 rm-- ^tki 1 / A ^r-r, r)h << r�i\i vi I flu c_,- ..i i / ,_ vi JVT t / `t :.)Iv. L.v CAI � NE COS WHAMS OUTLOT WHAMS AT� i� I {) NORTH LANE OF OUTLOT O.MEN4RD5--, HANSON CONCRETE ` AT XAWSVN CONCRETE .I. ///1 W_ --- ,4 i ' .zi//s_/7./ , _.1._ 7.-__.,,,...,,,,,././/:Ze///:0) 1 j AA/ 1.- 1y r %/ i N89'54 2W 9" 7764.19 CZ/ / T l r` I / /L-DR4N4GE AND UTILT7--� L T EASEMENT PER MENAROS AT �� HANSON CONCRETE \ /C I L'J ! t C, \ <C i tE- \ \ \ ' J (0 i , J \ ,C',. N. i ;- % N \�,�<�� �` / ; il v C) !J_ -, I N ,(1 I ,1,, \ \ L`cs ^CD" L L_L/ t� T „. \ \ 1 J(J 1 \ I <I— ) ) •r ` / /( a` I .l That part of the public drainage and utility easement dedicated over OUTLOT B, MENARDS AT HANSON CONCRETE, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly of the following described line: Commencing at the northeast corner of said OUTLOT B; thence on as assumed bearing of South 00 degrees 05 minutes 31 seconds West. along the east line of said OUTLOT B. 108.19 feet to the point of beginning for said line; thence North 89 degrees 54 minutes 29 seconds West 764.19 feet to the west line of sold OUTLOT B and said line there terminating. WEN C K Ada,Statip,Zip PROJECT 1111E VAT Wm= Foy: VACATION EXHIBIT V DENOTES EXISTING DEDICATED 0e ponsivc partner.except ono outcomes. DRAINAGE AND UTILITY EASEMENT CLIENT NAME OWN Re eH0 'rp•O owe DATE MARCH 2020 TO BE VACATED COB XXX XXX SCALE 1•_ i o M ENARD INC. PROJECT No SHEET NO. 5024-0031 1 OF 1 CITY OF APPLE VALLEY RESOLUTION NO. 2021 - FINAL PLAT AND DEVELOPMENT AGREEMENT APPLE VALLEY COMMERCE CENTER 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 December 18, 2019; 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 February 19, 2020, subject to conditions,which was subsequently approved by the City Council on March 12„ 2020; 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 was 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 reauthorized and the Mayor and City Clerk are authorized to sign the same, to wit: APPLE VALLEY COMMERCE CENTER 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 April, 2021. Clint Hooppaw, 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 SCANNELL PROPERTIES#281,LLC, And MENARD,INC. And CITY OF APPLE VALLEY For APPLE VALLEY COMMERCE CENTER AGREEMENT WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the "City"), has been requested by Menard, Inc, a Wisconsin corporation(Menard)and Scannell Properties#281,LLC, an Indiana limited liability company ("Developer") to approve for recording the following described plat: The plat of Apple Valley Commerce Center; and WHEREAS,Menard and Developer intend to subdivide the real property legally described on the plat (the "Property") into three (3) lots. Lot 1 and Outlot A will be held by Menard for future development, and Lot 2 will be developed by the Developer; and WHEREAS,pursuant to City Ordinances,the Planning Commission held a public hearing with reference to the application for approval of the plat on December 18, 2019; and WHEREAS, the Planning Commission recommended its approval on February 19, 2020; and WHEREAS, the City Council approved the preliminary plat on March 12, 2020. 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 Apple Valley Commerce Center, as shown,and noted on Exhibit "A" attached hereto (the "Plat".) 2. This Plat is governed by the terms and conditions of the City's Zoning Ordinance (the "Ordinance"). Any use or development of the Plat shall be in accordance with the provisions of the Ordinance. 3. The municipal improvements serving the Plat 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. 1 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 located entirely within public right-of-way or dedicated public easements shall be owned and maintained by the City. The Developer shall be responsible to maintain the storm sewer structure castings located in the private parking lot and curb lines that are directly connected to the City Trunk Storm sewer. 4. Menard and Developer shall comply with the conditions of preliminary plat approval set forth in City of Apple Valley Resolution No. 2020-33, a copy of which is attached hereto as Exhibit `B"and incorporated herein, as a condition relates to the parcel(s)to be held by each of them. 5. The Developer shall comply with the conditions of building permit authorization set forth in City of Apple Valley Resolution No. 2020-34, a copy of which is attached hereto as Exhibit "C"and incorporated herein. 6. Subject to the provisions hereunder, the Developer shall grade and install improvements within Lot 2, in accordance with and under the following conditions: A. To complete all improvements in conformance with the plans and specifications submitted by the Developer and approved by the City, including but not limited to the following plans prepared by Wenck Associates, Inc., with an issue date of November 19, 2019, and a revision date of January 31, 2020 (except as noted below), and any subsequent revisions as required by the City Engineer(collectively,the "Plans"): Sheet C-101 Site Plan Sheets C-201,202 Erosion Control Plans Sheet C-301 Grading Plan Sheets C-401,501 Utility Plans Sheets C-801-809 Detail Sheets Sheet L-101,102 Landscape Plan&Details B. To install connections to municipal utilities and improvements as provided in the Plans set forth in Section 6 (A). 2 C. To construct sidewalk(s) and driveways with concrete or bituminous material in accordance with City construction standards. D. To seal or cause to be-sealed all existing wells on the Property in accordance with State, County, and local laws. E. To install a protective box and cover over each sewer cleanout and water shutoff, to City specifications. F. To install all lot monuments upon or before October 31, 2021. G. To install and maintain all materials(trees,shrubs,and sod)identified in the City approved landscape plan. H. 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 Property. The Developer further agrees to submit to the City for its approval,a Natural Resources Management Plan prior to any construction or land-disturbing activity in connection with the development of the Property.The Developer shall implement and comply with all terms and conditions of the approved Natural Resources Management 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. I. To install erosion control measures in accordance with the approved Natural Resources Management Plan. J. To install each item noted in this Section 6 at the Developer's sole cost and expense, in accordance with all plans reviewed and approved by the City. K, To attend a preconstruction meeting with representatives of the City and to require the attendance of all contractors,major subcontractors,or any other subcontractor the City requests to attend, prior to commencement of construction. L. Developer will not bury any pipe nor install bituminous surface nor pour concrete pursuant to implementing the Plans, without the specific approval of the City Inspector,prior to the work being performed. M. All "on-site" inspections by the City during the construction of the improvements described herein will be done at the sole cost and expense of Developer,by persons supplied by the City. 3 N. The Developer shall repair all damage to City streets, curbs, gutters, utilities,and other municipal improvements caused by or resulting from the development of the Property, at the Developer's sole cost and expense. O. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of$378,259.00 ("Financial Guaranty") to secure the performance and payment of the Developer's construction obligations under this Agreement as they relate to the improvements designated by the City in accordance with the provisions of Section 6 herein, in a form and with terms to the reasonable satisfaction of the City, until all the construction obligations are fulfilled. Upon the issuance of a final certificate of occupancy for Lot 2, a written request may be made to obtain a release of the Financial Guaranty. At the time of final inspection of all improvements, if it is determined by the City that the Plans were not strictly adhered to or that work was done without City inspection, the City may require retainage, or require Developer to deposit with the City, an amount equal to one hundred twenty-five percent(125%)of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as is necessary to complete the improvement(s) in accordance with the Plans. Upon completion of any remediation of deficiencies,any amount retained or held by the City shall be released. P. To pay the City's reasonable costs related to the Property and this Agreement, including but not limited to administration, engineering, legal fees, inspection, and enforcement. The City shall submit billing statements to the Developer with detailed descriptions of the services rendered by the City in accordance with this Agreement. The Developer shall deposit the sum of$32,000.00 with the City toward payment of the City's reasonable costs. If the City's reasonable costs exceed the deposit,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. Q. That any material violation of the terms of this Agreement and in particular this section, that remains uncured after notice and a reasonable period of time to cure, shall allow the City to stop and enjoin all construction in the Property until authorization to proceed is given by the City. Menard and Developer agree to hold the City harmless from any damages, causes of action, or claims related to the construction being stopped by the City. 7. Developer agrees to install all utility services to Lot 2 underground; specifically: electrical, telephone, cable television and gas services. Developer hereby represent that all such utility services will be available for the building constructed on Lot 2 prior to occupancy of the 4 building. Menard has installed public utility services to Lot 1 and Outlot A underground; specifically: electrical, telephone, cable television and gas services. Menard hereby represent that all such utility services will be available for the building, if any, to be constructed on Lot 1 and Outlot A prior to occupancy of any building(s) located thereon. City hereby acknowledges that public utility services have been provided to Lot 1 and Outlot A 8. No occupancy of a building in the Property shall occur until water, sanitary sewer, and a paved driving surface are available for use to that building. 9. Prior to the release of the Plat for recording, the Developer shall: A. Deliver to the City the Financial Guaranty(Section 60). B. Deposit the funds to the City(Section 6P). C. Pay the following trunk charges for Lot 21 in the total amount of $109,301.47 for 8.363 acres: Calculation Amount Due Water $2,846.00/acre $23,801.10 Storm $9,563.00/acre $79,975.37 Sanitary $325.00/units $5,525.00 Total: $109,301.47 (Sanitary sewer trunk charges have been calculated based on a determination of 17 SAC units. Additional funds may be due for an increase in SAC units based on tenant uses,which funds shall be paid at time of building permit issuance for tenant improvements). 10. In addition to the trunk charges noted herein,upon submission of a building permit application, the Menard and Developer agree to pay the City for the following public services furnished to the Property, in an amount as determined upon the basis of units (per building) as t [Additional trunk charges will be due to the City in connection with the development of Lot 1, and Outlot A of the Plat, the charges shall be paid prior to the issuance of building permit(s). 5 determined by the City Engineer, which amount shall be paid at the time of the issuance of the building permit. A. Sewer Availability Charge -The rate per unit is based on the year in which the building permit is issued (presently $2,852.00 per unit - $2,485.00 Metro and$367.00 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$995.00 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 parties mutually recognize and agree that park dedication requirements for Lot 2,as provided in Chapter 153 of the City Code,shall be satisfied by a cash payment of$14,302.08. Payment shall be made by Developer to the City prior to the release of the Plat for recording.2 12. The parties mutually recognize and agree that storm water pond dedication requirements for the Property, as provided in Chapter 153 of the City Code, shall be satisfied by construction and installation of a storm water pond (and related storm-water facilities) located on Lot 1 within an public easement identified as WVR P55.2 & P55.1 [the installation has been completed and accepted by the City, and is to be maintained by the City]; and the installation and maintenance of the SAFL Baffle by Developer on Lot 2, in accordance with the Storm Water 2 [Addiitonal park dedication shall be due and payable to the City in connection with the development of Lot 1 and Outlot A of the Plat; the dedication shall be paid prior to the issuance of building permit(s)for such lots.] 6 Maintenance Agreement attached hereto as Exhibit"D"and incorporated herein3. The Developer shall execute and record the Storm Water Maintenance Agreement with the Plat. 13. The Developer agrees to execute and record with the Plat an Access Restriction Easement to restrict vehicular access to 147th Street and Johnny Cake Ridge Road, in the form attached hereto as Exhibit "E". 14. Menard has installed and paid for a public street lighting system. The Developer agrees to install and pay for a private lighting system for Lot 2 of the Property,in accordance with City and Dakota Electric Company standards. Menard agrees to install and pay for a private lighting system for Lot 1 and Outlot A of the Property,in accordance with City and Dakota Electric Company standards. 15. Menard agrees to provide the City with as-built surveys, in a format that is acceptable to the City Engineer, to include electronic documents, for the location of any building perimeter and the utilities, curbs, and/or pavement constructed on Lot 1 and/or Outlot A. 16. Developer agrees to provide the City with as-built surveys, in a format that is acceptable to the City Engineer, to include electronic documents, for the location of any building perimeter and the utilities, curbs, and/or pavement constructed on Lot 2. 17. Developer agrees to reimburse the City for all reasonable engineering, administrative and legal costs and expenses incurred by the City in connection with this Agreement or the enforcement thereof. 18. Developer shall deliver to the City copies of the recorded documents to evidence that the Developer has complied with its obligations to record under this Agreement. 19. Menard and Developer hereby specifically hold the City and the City's officers, employees, and agents harmless from claims made by Menard, Developer and third parties for 3[Additional storm water maintenance facilities will be required with the development of Lot 1 and Outlot Al 7 damages sustained or costs incurred resulting from Menard's and Developer's obligations under this Agreement. Menard and Developer release the City and the City's officers, employees, and agents from any liability in connection with this Agreement, the Plat, and the development of the Property, except to the extent arising from gross negligence, willful misconduct, or fraud of such members. 20. This Agreement shall terminate upon issuance of the completion of Menard's and Developer's obligations under this Agreement. Upon written request from Menard or Developer, the City will release, by means of a recordable document, one or more lots from all or specific obligations under this Agreement,provided the obligation from which Menard or Developer seeks to be released has been fully completed in conformance with the terms of this Agreement. 21. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Property and shall be binding upon the respective heirs, administrators, successors and assigns of Menard and Developer. [SIGNATURES ON FOLLOWING PAGES] 8 IN WITNESS WHEREOF, the parties have hereunto set their hands. DEVELOPER Scannell Properties#281,LLC, an Indiana limited liability company By: Marc Pfleging Its: Manager STATE OF INDIANA ) ) ss. COUNTY OF MARION ) On this day of , 2021, before me a Notary Public within and for said County,personally appeared Marc Pfleging to me personally known,who being by me duly sworn, did say that he/she is the Manager of Scannell Properties #281, LLC, an Indiana limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company as the free act and deed of the limited liability company. "'"1• %y°Public.state of l 684%8 0. sFAL Hemgson CoeIyy Cpmmis�an Num4eon89 s8a8 ubl Fa,rw� My Comrrug&on f.prpg NDvumber 23,2[32i 9 MENARD Menard,Inc. A Wisconsin corporation By: Theron J.Berg Its: Real Estate Manager STATE OF WISCONSIN ) ss COUNTY OF EAU CLAIRE ) On this day of , 2021 before me a Notary Public within and for said County,personally appeared Theron J. Berg to me personally known, who being duly sworn did say that he is the Real Estate Manager of the corporation named in the foregoing instrument and that the Manager acknowledged the instrument to be the free act and deed of the corporation. Notary Public 10 CITY OF APPLE VALLEY A Minnesota municipal corporation By: Clint Hoopaw Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this _ day of , 2021, 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 MGD/skh(66-42408) APPLE VALLEY COMMERCE CENTER MOW ALL PERSONS BY TNkSE PRESENTS.That Scannell Pmper1es loll.LLC an Irk;Ona 1.1.mbl1Ry company,lee moo of IS.IWlming described 9.1fERN IS OCRprIOxlO, Property: oe.E WW.nd rs vy 4.1 Ma 1>a.e.Ie.ram L1r�p,I..r one. Myrl«p�,agy lean I mn.M ummie ieco .::Log E mliai^0.W.d M the Earl 1/2 Cl the Saul..1/4.of 5wlbn 29,Tennehip 115,Rage 20.Oalale CbaAy,Aaneeota,more poNWody y la v' :70n ly'fsi atey.•townntle yq ,w✓� I4.45. eO n al eweeq r.101 Omo End 1.11W:7 r4eawe�.-to.., .ar-Nf r rla.aaln al.fsw..,alma,ynal.sac a„a tree enter 01 ot. Commencing at 0,,South Quarter comer of saki 5eo0an 25;thence NaM 0005.31'Easl along here met One of mild East 1/2 of 0x southwest I/O v RW01.sm.Wm..at um..Mh gegl:--000010.y5 r4 Waal W 45.1.3 ol 1M.tMl Meth.of 1500.10 feat to the paint of beginning;Nonce South 0T0O20'Waal a Cr lanc.or 020.50 foal;Ihance South 01'30102'Waal o dl.lence of 150.74 tool Nonce North odors,-Weal a dlela.of 100.54 lest;theme North 0T15'43'East 0 ONIace of 57.03 feat'theme North 0T51'S5'East Oa.Mi. a,of ,2020. d.xw.or 75,22 MoL;Ihenca North 12.1010.Met a Metaws of 42037 x.l to the c..NMne of an Easement Acc0leillon Iy..ment News along mad a J.RIr♦10i.1C 4.44.Ip ars N s ones OM..`Mrx.lr nealg o menus of 2095 tool.hawing North 57.05SF East chord dxlow0 of 10P.501.Ma MMld MOM.ell viola.Mirth 5091131•E..d.s.M.d 055,07 feet to the lout Na of the sold Eael I/O of Ih.SouOa.el 1/4; M.y..SMR W13551'not der;Ins MIC nY RY.0►w Wool In pl 1e So,h.mt 1/4 a 0Wl0wa o1 371.00 foal to lho pail of bwlrnlrg there mV Sorxum,raw fwooyor t..NM Nnnewla Mcloe.IIa 40503 MO,That Mon.Ina,a Wlwaneln corporallon,10 owner al Da!clawing dam..property. ATE OF MINNESOTA 001LOY A end OIRLOT 0,M g ENARO5 AT HANSON CONCREIE,ocaortn to the encircledplot thereof.OM..County,MM .. COUNT,OF fhb In.lrum.nl Iwo wanmileegea before me an NI._day of_ ,21120,by Cory B7arldond. Ras Wily s email thecom era to be0..d v dWaard platted ae APPLE VALLEY COMMERCE CENTER one do hereby dale.for pubic use the pubic umand drelwoge oL (Sgwtae) (Name Printed) b.Liman whereof saki Scannell Proper.(251,LLC,on Indiana Dolled kblydy campwy by Nam present..N be aired by Its proper ollicem Ws Notary Public, County.innmaola 0.y If 2020. Any Cemmieaion Expires_ Slpradl Swan0l Prepw!.(201.LSD,on Indiana Ihn1Nd Ibbllb company CELT COWL.Off lY APPLE VALLEY.YIA;0,M 1,12hTIA 0'n1 Ysl I.Ce oprood and mwplod by the Cly Cauwll W the Clly el Apple V.Ixy,MNnoom,of a ragubr mooting lheranl held thb cloy of 20 end.old Dkl 4 In wmpAow..IN IN prevebns pa e.t rorlF In Minnswla Sb1oN..SONw By:_ wow.sans.2. Moro O.14Mapw.A4nawr • MIA*Or 610112 or By 1.10ye, Di'Cara ThW ImWwment wan 00MM0VVed before me as- _b/Nara 0.Placing.Manager or So0ma0 Prom../ze1.LLC,an Indiana II1IMO Ikib11ly conaanY,on behalf o!the IYnlbe YabYily wmponyA COUNTY SURVEYOR I hereby..stilly that In moor.owe.ill marmot°Stet.,S.c0an n05021,5ubd 11.thle plot has been reaxwed and approved NM -(Slpmeun)f (Nome Printed) _dey of _-2020 N01a1 Pubic, County, My Damn..Expire. lead tl 1caMes1 Oaegb El..03 Surveyor In.them.hereof sold M.nord,lop.,a Wucon.ln corporation.las waned these pr..to signed by ll1 proper olrcer Ill.__-ay al 2020. PUSY11Eltt 19 FAiml•%rasaa.417 10001W!Or 1211(OTA.OW%V IIW01E50rA sigma:Melee,Inc.a WMcm5n CapomNon P111111.1 to Sint.Statutes,Sec1 505021,Sub.R.loses poyob4 In the year 20_on the kirk h0relnbelore d.wrfbed have -_,Pa Real Wale Malaga been pall Kea Pursuant to Mnnesoki Skluln,Section 27212,there are 00 delinquent taw and transfer entered lc._cloy or Theron Eon 2020. SPATE tx MGM. CONY Cr EAU MIRE Mir Ow Mite.Wel.,Gwelme.l 00 r•.eerL Stoso.ma Blur. Ink Instrument.m ockno.ledgad Wore me on by Theron Berg.Real Wale Monger of Mensr0,Ira..a Waconain Corporation IMPAIR mono.caw.0.800000&OWE a Ya1CIR (sbnamm) (Noma Printed) I larsby cemry than lea Mat el APPLE VALLEY COMMERCE CENTER wan 104 In the office of rye County R.mr0.r for public.wend cn Ihl._say of_ ,20_,01_e'cbck_.u.and woe day Red in Book al Poole, My Cammlgbbn I.Porm0nenl Crony,144aomin tea. a 644a....1 1p.1br aunty Rloamr peYoto Ccunly.�Ninn..aab TA Y WENCK ASSOCIATES EXHIBIT srboot I of 2 Sheets APPLE VALLEY COMMERCE CENTER ‘-\. 111,,E - I ,EIN Eix.l..,01 rry Awn -,, , 1 - - r y.7'iH �TPd�be° wsa— e�ra% •a "Yr --i3NPFA Irmo Irrimer wiry N I Y` UPPER e'7TTH ST.WEST � mMN .1 20 / o ft Ol'ai-yr —a- .i.---U. _ Xi* +r� .I -- - ' r 20 m+7 ter, ` . 7^I'F• ,DowFM.,wrPER I I I `t -1� — — IM, H } 8 1 01 SEC a0�E' I 2i �17 ^ l LOT 2 III r b �3 I 1 -� G r 1 „ 1 If tl ��f I 11 s$ 0 PART OF THE EAST 1/2 OF TFHE SW 1/4 SEC.26 1 `y I 2_I rb w =M—� ydw re 1 , �117.0 ;A Ia ea- .x M1T ` (' ,GP 1 szi -- - WJ7'I[uuo il ` [...,11 : { D .... 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'„ 1 I t il . o 's'"E."""'ENE" Y V WENCK 'A• ASSOCIATES EXHIBIT Sheet 2 of 2 Sheets CITY OF APPLE VALLEY RESOLUTION NO. 2020-33 PRELIMINARY PLAT APPROVAL APPLE VALLEY COMMERCE CENTER 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 December 18,2019, and February 19,2020; and WHEREAS,on February 19, 2020,the City Planning Commission reviewed the preliminary plat for conformance with the standards of Chapter 153 of the City Code and recommended approval, 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: APPLE VALLEY COMMERCE CENTER BE IT FURTHER RESOLVED,that said preliminary plat approval is subject to the rezoning of the three parcels, which must be completed prior to final plat approval. BE IT FURTHER RESOLVED,that said preliminary plat approval is subject to the vacation of the drainage and utility easement dedicated for trunk storm sewer on Lot 1,Block 1 Apple Valley Commerce Center(as preliminary platted)and the north property line of Outlot B, MENARDS AT HANSON CONCRETE,and rededication of the easement in a location to be approved by the City Engineer. 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 development 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 two (2) lot(s) and one(I)outlot. 2. The Park dedication requirement for Lot 2,Block 1 is based upon the City's finding that the subdivision will create 117 employees which equates to 11.7 resident-equivalents that will generate a need for 0.112 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 0.112 acres of needed land area at a benchmark land value of$128,000 per acre,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, Exhibit B p. 1 of 3 Additional park dedication shall be due and payable to the City in connection with the development of Lot 1,Block 1 and Outlot A and shall be paid prior to the issuance of building permits. 3. Stormwater pond requirements shall be satisfied by the dedication of drainage and utility easements and execution of a Storm Water Management Maintenance Agreement. 4. Dedication on the final plat of a ten foot(10')wide easement 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. 5. Dedication on the final plat of a five foot(5')wide drainage and utility easement along all common lot lines,except for the additional easement needed for the City's trunk storm sewer in a location to be approved by the City Engineer. 6. 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. 7. Installation of pedestrian improvements in accordance with the City's adopted Trail and Sidewalk Policies,to consist of eight foot(8')wide along bituminous pathways along Johnny Cake Ridge Road and 1471h Street West. 8. Submission of a final grading plan and lot elevations with erosion control procedures,to be reviewed and approved by the City Engineer. If the site is one(1) or more acres in size 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. 9. Dedication of one foot(1')wide easements which restrict direct driveway access to Johnny Cake Ridge Road and 147th Street West 10. Installation of a public(or private) street lighting system, constructed to City and Dakota Electric Company standards. 11. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 9:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 7:00 p.m. on Saturday. Construction shall not be performed on Sundays. 2 Exhibit B p. 2 of 3 12. The City receives a hold harmless agreement in favor of the City as drafted by the City Attorney and incorporated into the development agreement. ADOPTED this 12th day of March,2020. M r fIi in _ nland, Mayor ATTEST: -F r . eo�3 Pamela J. Gac ettc ity 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 ,2020,the original of which is in my possession, dated this day of ,2020. Pamela J. Gackstetter,City Clerk Exhibit B 3 p. 3 of 3 CITY OF APPLE VALLEY RESOLUTION NO. 2020-34 A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR APPLE VALLEY COMMERCE CENTER AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance of a building permit for commercial, industrial,and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project; and WHEREAS,the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on February 19,2020; and 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 Apple Valley Commerce Center is hereby authorized, subject to compliance with all City codes 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 2,Block 1, Apple Valley Commerce Center(as preliminary platted). 3. Approval of site plan/building permit is subject to the approval of the rezoning of the property and subdivision of the property. 4. Approval of the site plan/building permit is subject to the vacation of the existing trunk storm sewer pipe and dedication of replacement easements in a location to be approved by the City Engineer. 5. Construction shall occur in conformance with the site plan dated January 31, 2020, 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 following: Exhibit C p. 1 of 4 a. A right-turn lane shall be constructed for the private driveway access from 147th Street West into the site subject to final approval by the City Engineer. b. A Proof-of-Parking Agreement shall be executed for the parking spaces that will not be paved with the initial construction in accordance with City Code Sect.155.377. c. All waste containers shall be completely screened with a wall or equivalent visual screen constructed with materials that are architecturally compatible with the principle building in accordance with City Code Sect. 155.348(C). 6. Construction shall occur in conformance with the landscape plan dated January 31,2020, including sodded/seeded public boulevard area up to each street curbline; subject to submission of a nursery bid list that confirms that the landscape plantings meet or exceed 1-1/2%of the value of the construction of the building addition based on Means Construction Data. 7. Construction shall occur in conformance with the revised elevation plan dated February 17, 2020, received in City Offices on March 4, 2020, subject to submission of a roof cross-section drawing and mechanical plan to confirm rooftop mechanical units will be screened in accordance with City Code Sect. 155.346. 8. Site grading and drainage 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,if required,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. 9. The civil plans, including sanitary sewer, water and storm sewer plans, are subject to review and final approval of the City Engineer. 10. The property owner shall provide evidence of executed encroachment agreements with Magellan Pipeline and Great River Energy for work proposed within their easements. 11. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of storm water management on the site. Exhibit C 2 p. 2 of 4 12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. The lighting plan shall be reviewed and approved by the planner prior to issuance of the building permit. 13. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the installation of any signs. 14. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m.to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. 15. Earthmoving activities shall not occur when wind velocity exceeds thirty(30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 16. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125%of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline,with the cost of such City completion to be charged against the financial guarantee. 17. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple 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; and Exhibit C 3 p. 3 of 4 ADOPTED this 12th day of March, 2020. I I. ai °land. Mayer ATTEST: _42A axiejtcl .I•U Pamela J. Gaek ter,(jxy Clerk CERTIFICATE I,Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on ,20 , the original of which is in my possession, dated this day of 20 Pamela J. Gackstetter,City Clerk Exhibit C 4 p. 4 of 4 STORMWATER MAINTENANCE AGREEMENT This Agreement is made by and between Scannell Properties#281,LLC,an Indiana 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 2, Block 1, Apple Valley Commerce Center, Dakota County, Minnesota, according to the recorded plat thereof(the"Property"); WHEREAS, on March 12, 2020 the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council's Resolution No. 2020-34, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan,dated January 31,2020("Site Plan"),and in conformance with City Code. The Site Plan is attached hereto as Exhibit A and incorporated herein. WHEREAS, the Site Plan, in accordance with the City Code, requires the Owner to install and maintain a SAFL Baffle or approved equivalent on a portion of the Property as depicted on the Site Plan & Utility Plan, more specifically CBMH-302 and MH-20 shall also be sump structures per City of Apple Valley Detail Plate STO-5s. WHEREAS,the City requires the Owner to install and maintain a SAFL Baffle or approved equivalent device in accordance with the design specifications as set forth in Exhibit B attached hereto and incorporated herein. Exhibits A and B shall be collectively referred to as the "Specifications". WHEREAS,the purpose of installing and maintaining a SAFL Baffle is on-site storm water management and to promote the water quality and volume control of the City's water bodies. 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 infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth. 1 Exhibit D p. 1 of 8 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. 1.2 Construction Requirements. The SAFL Baffle shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the SAFL Baffle in accordance with the terms and conditions set forth in this Agreement. If at any time the device fails to conform to the standards and the Specifications set forth herein,,the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the structure to the standards set forth herein. If the City approves the proposed remediation plan and schedule,the Owner shall perform the remediation in compliance therewith. 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 after they fall to the ground in October or November each year. 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 curb lines where storm sewer structures are located and the Owner shall keep the curb lines free of any debris, leaves, litter, or other objects. 1.6 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the SFL Baffle and storm sewer structure associated with it. 2. Inspections. 2.2 Annual Inspections. The SAFL Baffle shall be inspected annually by a Qualified Person selected by the Owner to determine whether or not the device is functioning in accordance with the Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a professional engineer licensed by the State of Minnesota, or a person approved by the City Engineer based on training and experience. The Owner's responsibilities under this Section shall be at the Owner's sole cost and expense. If, as a result of the inspection, the device is determined not to be functioning in accordance with the Specifications and this Agreement, the Owner shall restore/repair the infiltration basin to function as specified herein. Upon request from the Owner, the City Engineer may establish an inspection schedule permitting such inspections to be performed less frequently than annually,but the City Engineer may reinstate the annual inspection schedule at any time by notice to the Owner. 2 Exhibit D p. 2 of 8 2.3 City Notification and Independent Inspection. The City shall be notified at least 48 hours prior to the annual inspections or any maintenance of the device and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the device at any time, but the City shall use reasonable efforts to notify the Owner of its intent to enter the Property to inspect. 2.4 Inspection and Maintenance Report. The owner shall submit a report to the City, no later than two (2) weeks after any annual inspection or maintenance of the SAFL Baffle, providing the following information: a. Date and time of inspection b. Log of findings c. Date and time of maintenance d. Log of maintenance performed. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the device does not conform to the Minimum Infiltration Capacity or any other requirements of the Specifications or 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. 3.2 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 bring the device into compliance with the or Specifications,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 so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 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 for the device and all work completed by the City to bring the device back into compliance with the Specifications. 3.4 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 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 or the right to contest the assessments under Minnesota Statutes § 429.081. 3.5 Right of Entry. The City shall have the right to enter the property to inspect and to implement the terms of this Paragraph 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 3 Exhibit D p. 3 of 8 4. 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. 5. 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 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. 6. 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. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety(90)day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity,performance, and enforcement of this Agreement. [SIGNATURES ON FOLLOWING PAGES] 4 Exhibit D p. 4 of 8 ER SCA L PROPERTIES# , LC By: Pfleging Its: Manager OF INDIANA ) ) ss. COUNTY OF MA'I i • ) The foregoing instrument was ac r edged befo - is day of 2021,by Marc Pfleging the Manager of Sca s • ► z i es#281,LLC an Indiana limited liability company. Notary Public 5 Exhibit D p. 5 of 8 CITY OF APPLE VALLEY By: Clint HoPFF- Its: Mayor : : Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY O : 4 OTA ) The foregoing instrumen .cknowledged before me this •ay of 2021,by Clint Hoopaw and Pamela J.Gac"•: : er, the ►i . and City Clerk of the City of Apple Valley, a Minnesota municipal co •► ,o : ..lf of the municipal corporation. 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 MGD(0066-42408) 6 Exhibit D p. 6 of 8 T F "N WENCK r r.. 3111E TO __------- —.--.� ® W.VIDC3COu --.. LEGEND i R,. r umm "- -.-''"l" rorwalrcm la r.vrm nFa'x :='mr- $n �' "�'' -_+F� _ma`s - p ! 147THST.W. j E -- — — EASEUENruNE " — P ' 'y r~ ��� - I ^•___— uv�suc JO- --• —r �- ; ronawW.. S C A N NsE L L _ � � �__ ': P G SENENT,INE11.42/113,611.391 led • 1" v " 9_ r ' -— ' — — — — — — ` j%ram F — ._a arwv i y a`ey,lr 3 _ 1 "l • KING ) 6 o AnEEAVEN N - • ` i ., Iql ."■.� �� I o o�PF�� o N,1 ��I1 : liii. "i E - .. b: .n ; f .. _SITE ANALYSISrABL F• W o Ci 7 '� � I ,4jet ' / z Y + 5 1_ 1 'y - E • I C !� I I ^ "� ] I.. r I I IcuF,.cwumtN MMUSiwcfVAIA —I 0 06 " i`i „1I voTTVT ► ` aan lip a ��` SEMI aue�"rr u M a W z�C i - { I LOT PROPOSED BUILDING I mry .4..., I + W V c°u o 1 Z ? 1 ►1 w ..,, 117,000 SF t , y^wu I suarzciPxoaeNrr aaFyassF ar9AG 1 { LD LIP '9} 513 Os I I O ANAL AREA UxISTING! J W N'V 4 FFE=986.00 I ¢ Q o !► "` IC:'I 1: I f IEnt AVEAINIXIM :easzsFe.empcl Q. 3 r 00„n0r18 CURVE Q F. • V 1 ►� w -- -I I: I, 0 I MWASEN �{ 0 2Cii r V MN I[-_ • r ' EWiWO EMI f0{pp6Y NCP6S�F I f I MOM 11 VO t _ + .• '. . • f I L - 44{ i I OSES U pWS PRIVOIESUSE 100007NVL j} m I I..s,„rl.. 1� m • .� (—A• • • f f e • fQ .:�I �.: If Z I L"Z�..R�nelwym� v » r I. ! 2 • TOTAL AREA IAC.) EXCL-MTALAEA(AC1 IHPERVNIVS PERVIOUS AREA 1 - 1i xp •� M1N •.r -- o` ill f o I PUBLIC KW AREA(PC.) IACI I , I M ' 14 �•--_�_ ..- ...««.. I I F I QM I.1H f]rl i73 GGOf • 000PO8E0 1r Y ..%S.m.L'.S__ 1 �� rr JA--.....7 IC �� Y~•_•�__L E -- I I OILING C0Vc0ats dSWIWJ(1 EBB6AC.1011%) y I. + N..T oiYs tI AAA F.olwalrc �ruw�., /i 1 I ww+nrw.wer _ ------~----- 1 + I auILVIVG womRINT;sFl cRass FLUOR' MOF srowEs • f .!�� pREAIsFl .l i e k�"�°a o �~ ige14 urea , g I g 11 eurw An,lnv 1 8,64 83111666. f �i,1 • }�tit 11 toefooromlu.FofwEmonal•aa 1 KEYNOTES Q I c iLIG(ocR IEYRl � - L } Y �IGfr,Rta1 I Gr1Y�tliALwb1Y1CP OFFICE OUILDIYG USE 1STL.SF,THENERIM PCA ZOO SF FLOOR AREA AREA FOR THE FIRST apW �'tt �« �'' 1• iL t ✓ � I cCNCAEreYCFWAu.sEECauMNrcWI 146TH ST.W. IsrAt mil[ THEREAFTER •„os• CON[REIEPAVENENr.AEE*ETl.,1a'C.3AI lie UM en.x .,.: wa� � ' f. WAREHOUSE USE V-1NB1 110VALER2201 �'•y y 4l', 1 r/' V%C[.!�[MnW,WI•RiIrW�ILiEM1 7 5 I 4irm[�m�i.Ensy"Iw•Rtxw glaGw n�r}�pY p 1•81.1. IMO.rW4180:FMLINELM OSSFSME JE 3 \ • ''N� 1 III OVP n.p„•31'r` 413 WA AUNUFACNRING USE labs �, 1 t1p 1 I,ax.3leal.ea,w•a'uAFeeeuu 1Sb�fAWbfLµl —I e.feunls.3.nevma 11, r aNALIM ne • W�E1FkI,kW.rM VMAII Gale 1¢w'x xalaaE sue .� • , • I R Commiaot2„6.21.cl•YSrwsa.Sa R e �- 7ilA'L{ll • ! z r➢,newnrr,Yr M PAITIP3 sr+r%e%Pr uu+TPvv 1. - \�l nlammrl�w r.e 'S Fave,..113031eron•EnEE DEW.'o4N".iuw I Ltwecw4v[r �Mal� PM wwa'SnV4 M 0um,.pur tl+Fr.�E4.uS>u/WWioF Y.rGE••fRKTAcs.lC.1. BUMNO PARSING IIIM 1UmE'e;um Caf6',wn� u A,.Va•lM.Iv: J..,...„ W O 1 -..� I V 891. .ruk.wae.a0Fs en � � w,w iIcear�awnwrwxw+aw ,.nsxxara I sa C ' OW 4s1.AF1.d W,13131MLiGP 143531 M.. 1ptNil.aFx�r SITE PLAN 4 w 1MIPAPA.%1.[. Ilaet lILr allaunml>xitio <O id 1 VOGUE TAKING ONTO1N11N Sr 1401.1E0I3RC SENI•TIUCNTMFFIC TUT. �:. .. `•_ '~�r e�+ 5.. r l "MTTA:I 4 1T T C — o ONTO nNNOA PO TN, I SIDE YARD(NESi I... r rS�Tw -► n�. v_-_ — - — _ _ EXHIBIT F A p. locl p. 7of8 600 County Road D West,Suite 14 Exhibit B u strea New Brighton, MN 55112,651.237.5123 www.upstrearntechnologies.us p• 1 of 1 Technologies g SAFL Baffle Operation & Maintenance Manual Operation The SAFL Baffle is a stainless steel baffle installed in a concrete structure to capture sediment from stormwater runoff. Once installed, the SAFL Baffle requires maintenance to perform properly. Maintenance 1. Visual Inspection -Three times per year for first two years, once per year following 2. Sump Cleaning - Once per year, unless visual inspection indicates more frequent cleanings required Tools Needed 1. Vacuum truck with jet power washer 2. Measuring tape with attached flat disk 3. Rake or broom Visual Inspection Visual inspection needs to take place to ensure the SAFL Baffle is functioning properly and should take place 3 times per year for the first two years. 1. Previous Inspections—When was the last time this structure was inspected? 2. Access - Is the structure accessible? If not, remove obstruction. 3. Debris - Is trash or vegetation in the structure? If so, what types of trash or vegetation are present? Is there so much debris that it is difficult to see water? If so, sump cleaning is required 4. Structural Integrity- Is the SAFL Baffle broken?Are there pieces of the baffle that have become dislodged? Do any parts of the SAFL appear weak or damaged? If so, contact Upstream Technologies at www.upstreamtechnologies.us. 5. Check that the side rails are securely attached to the concrete structure wall. A pole may be used to perform this check from outside the structure. Secure any loose connections between the side rail and concrete wall. 6. Clogging - Is anything clogging the baffle? If so, what is causing the clogging? Attempt to remove debris stuck to the Baffle with a rake or broom. 7. Sediment Accumulation— How much sediment has been captured so far? Use a tape measure with a flat disk attached to the bottom to measure the depth of sediment accumulated. Several measurements should be taken to generate an average sediment depth. If average sediment height is within 1-ft of the bottom of the SAFL Baffle, sump cleaning is required. Sump Cleaning Sump cleaning needs to take place to ensure maximum capture of sediment from stormwater and should be performed at minimum, once per year. The structure is full and needs sump cleaning when sediment is within one foot of the bottom of the SAFL Baffle. Additional cleanings may be required per year if sediment is consistently filling to one foot below the SAFL Baffle before a year has passed. 1. Vacuum water, debris, and sediment 2. Jet wash debris from Baffle 3. Jet wash any remaining debris and sediment towards vacuum hose Exhibit D p. 8 of 8 ACCESS RESTRICTION EASEMENT THIS EASEMENT is made this day of , 2021, by Scannell Properties#281,LLC,an Indiana 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 2, Block 1, Apple Valley Commerce Center, 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 (the "Easement Area"): The northerly line and the east line of Lot 2, Block 1, APPLE VALLEY COMMERCE CENTER, Dakota County, Minnesota, EXCEPT for the west 50.00 feet of the east 723.00 feet of said northerly line as measured at a right angle from said east line. See drawing attached hereto as Exhibit"A". This easement is granted for and limited to the express purpose of restricting vehicular access to 147`h 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. Exhibit E p. 1 of 3 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. NNELL PROPERTIES.#281. an In t limited liability co any B . are Pfleging Its: Manager ATE OF INDIANA ) ) ss. COUNTY '4 • RION ) On this day o , 2021, before me a I ' . Public within and for said County,personally appeared Marc . '-•ing to me person. nown,who being by me duly sworn, did say that he/she is the Manager of Scan . ' '.- ies #281, LLC, an Indiana limited liability company, named in the instrument, and •. aid t •. ent was signed on behalf of said limited liability company as the free act : •: i eed of the limited is • ' 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 MGD/skh(66-42408) Exhibit E p. 2 of 3 i CENTERLINE Of 50'WIDE RICIIT-OF-WAY,^N i -� K Wit, DRAINAGE AND 011LITY EASEMENT AS PER DOD. NO. 2820793& — ' i 2820T94 i� i i - o I{•h r r-i - s1_ _ •,tip �f In 1 ir•r• �_ ' - , -14 TH STREET WEST LI =t,_. — sx— -.4 � _L1--. 3l——57— •— —. 67 50 r � ' LA 1 �''T 50'WIDE ACCESS OPENING,\ 80'TRANSMISSION LINE- f It r.;- i I a EASEMENT PER DOG NO �� a ' `I 3304557 1 I� i I 50' WIDE PIPELINE EASEMENT '\ I ••i PER DOC. NO. J40748, BOOK K " I L '/s 0 r OF MISC. RECORDS, PG, 195 ACCESS��,_ *it `-' I CONTROL I Ly: ,\ . I 2 LINE t l r I ,\ o r _ _ x: • r - - - . I•_ A /r♦ r- - I 1 r- I I I A II r•r-•I♦ I �`I rP%1 R 1 I`1 F- 1 F-IF.- ,- ,1 ` I 1 / / ;I r- I r�r- _ 1,11 1 I I .F- ; •I;♦I I I I r� -,1 , 1 /I I I 1 _ I-,lJ 1 1, ._ ,� 1 � 1 L_ ./ I 1, -} .,L_ .�I $0 .r I r-- I -�- Ir;;; — _J DRAINAGE AND UTILITY EASEMENT-, "� �.76, I ��j / IT 41,/ r 40 - 40 It, /♦'II ,, / ,d, , (ss 7.L DRAIN GE ID U11LITY_<' B� CK 1 , , .// t L�1 'f 11 • CO=",t;1. 1 -•♦ C.L. OF 80' TRANSMISSION LINE EASEMENT PER DOC. NO. 3304556 -' 11 I`ll I —ll1— \ 1 I A.ti 1 P_. \ , /Y• qA• ^5 l EAST LINE OF OUTLOT B, NENARDS I aa. • 1 AT HANSCN CONCRETE I ;: ., �L 1 LU 1 rJ 1 ''' I. l;,_, I o _ CO c`.I I`Ii L', . 40 I �.l\ , 7/ IA'1 \ \ A \ •r e .♦ \ r10' WIDE DRAINAGE AND-- ♦�`% 's^' l i U71LDY EASEMENT ! I ♦� I l 11 (DI 11111 1 11 80 1 Ii PROJECT TITLEWWENCK p is ® 5tamec ACCESS CONTROL EXHIBIT EXHIBIT4 WENT NAME 7:04:CNORK:0 ,MIp s DWC DATE 31-MARCH-21 BDL XXX SCALE 1` _ 750'ASCANNELL PROPERTIES #283, LLC SHEET NO. zzno�zeo 1 OF 1 Exhibit E p. 3 of 3 DEVELOPMENT AGREEMENT Between SCANNELL PROPERTIES#281,LLC, And MENARD,INC. And CITY OF APPLE VALLEY For APPLE VALLEY COMMERCE CENTER AGREEMENT WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the "City"), has been requested by Menard, Inc, a Wisconsin corporation(Menard) and Scannell Properties#281, LLC, an Indiana limited liability company ("Developer") to approve for recording the following described plat: The plat of Apple Valley Commerce Center; and WHEREAS,Menard and Developer intend to subdivide the real property legally described on the plat (the "Property") into three (3) lots. Lot 1 and Outlot A will be held by Menard for future development, and Lot 2 will be developed by the Developer; and WHEREAS, pursuant to City Ordinances,the Planning Commission held a public hearing with reference to the application for approval of the plat on December 18, 2019; and WHEREAS, the Planning Commission recommended its approval on February 19, 2020; and WHEREAS, the City Council approved the preliminary plat on March 12, 2020. 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 Apple Valley Commerce Center, as shown, and noted on Exhibit "A" attached hereto (the"Plat".) 2. This Plat is governed by the terms and conditions of the City's Zoning Ordinance (the "Ordinance"). Any use or development of the Plat shall be in accordance with the provisions of the Ordinance. 3. The municipal improvements serving the Plat 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. 1 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 located entirely within public right-of-way or dedicated public easements shall be owned and maintained by the City. The Developer shall be responsible to maintain the storm sewer structure castings located in the private parking lot and curb lines that are directly connected to the City Trunk Storm sewer. 4. Menard and Developer shall comply with the conditions of preliminary plat approval set forth in City of Apple Valley Resolution No. 2020-33, a copy of which is attached hereto as Exhibit `B"and incorporated herein, as a condition relates to the parcel(s)to be held by each of them. 5. The Developer shall comply with the conditions of building permit authorization set forth in City of Apple Valley Resolution No. 2020-34, a copy of which is attached hereto as Exhibit "C"and incorporated herein. 6. Subject to the provisions hereunder, the Developer shall grade and install improvements within Lot 2, in accordance with and under the following conditions: A. To complete all improvements in conformance with the plans and specifications submitted by the Developer and approved by the City, including but not limited to the following plans prepared by Wenck Associates, Inc., with an issue date of November 19, 2019, and a revision date of January 31, 2020 (except as noted below), and any subsequent revisions as required by the City Engineer(collectively, the"Plans"): Sheet C-101 Site Plan Sheets C-201,202 Erosion Control Plans Sheet C-301 Grading Plan Sheets C-401,501 Utility Plans Sheets C-801-809 Detail Sheets Sheet L-101,102 Landscape Plan& Details B. To install connections to municipal utilities and improvements as provided in the Plans set forth in Section 6 (A). 2 C. To construct sidewalk(s) and driveways with concrete or bituminous material in accordance with City construction standards. D. To seal or cause to be sealed all existing wells on the Property in accordance with State, County, and local laws. E. To install a protective box and cover over each sewer cleanout and water shutoff, to City specifications. F. To install all lot monuments upon or before October 31, 2021. G. To install and maintain all materials(trees, shrubs,and sod)identified in the City approved landscape plan. H. 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 Property. The Developer further agrees to submit to the City for its approval,a Natural Resources Management Plan prior to any construction or land-disturbing activity in connection with the development of the Property.The Developer shall implement and comply with all terms and conditions of the approved Natural Resources Management 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. I. To install erosion control measures in accordance with the approved Natural Resources Management Plan. J. To install each item noted in this Section 6 at the Developer's sole cost and expense, in accordance with all plans reviewed and approved by the City. K. To attend a preconstruction meeting with representatives of the City and to require the attendance of all contractors, major subcontractors, or any other subcontractor the City requests to attend, prior to commencement of construction. L. Developer will not bury any pipe nor install bituminous surface nor pour concrete pursuant to implementing the Plans, without the specific approval of the City Inspector, prior to the work being performed. M. All "on-site" inspections by the City during the construction of the improvements described herein will be done at the sole cost and expense of Developer, by persons supplied by the City. 3 N. The Developer shall repair all damage to City streets, curbs, gutters, utilities, and other municipal improvements caused by or resulting from the development of the Property, at the Developer's sole cost and expense. O. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of$378,259.00 ("Financial Guaranty") to secure the performance and payment of the Developer's construction obligations under this Agreement as they relate to the improvements designated by the City in accordance with the provisions of Section 6 herein, in a form and with terms to the reasonable satisfaction of the City, until all the construction obligations are fulfilled. Upon the issuance of a final certificate of occupancy for Lot 2, a written request may be made to obtain a release of the Financial Guaranty. At the time of final inspection of all improvements, if it is determined by the City that the Plans were not strictly adhered to or that work was done without City inspection, the City may require retainage, or require Developer to deposit with the City, an amount equal to one hundred twenty-five percent(125%)of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as is necessary to complete the improvement(s) in accordance with the Plans. Upon completion of any remediation of deficiencies, any amount retained or held by the City shall be released. P. To pay the City's reasonable costs related to the Property and this Agreement, including but not limited to administration, engineering, legal fees, inspection, and enforcement. The City shall submit billing statements to the Developer with detailed descriptions of the services rendered by the City in accordance with this Agreement. The Developer shall deposit the sum of$32,000.00 with the City toward payment of the City's reasonable costs. If the City's reasonable costs exceed the deposit, 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. Q. That any material violation of the terms of this Agreement and in particular this section, that remains uncured after notice and a reasonable period of time to cure, shall allow the City to stop and enjoin all construction in the Property until authorization to proceed is given by the City. Menard and Developer agree to hold the City harmless from any damages, causes of action, or claims related to the construction being stopped by the City. 7. Developer agrees to install all utility services to Lot 2 underground; specifically: electrical, telephone, cable television and gas services. Developer hereby represent that all such utility services will be available for the building constructed on Lot 2 prior to occupancy of the 4 building. Menard has installed public utility services to Lot 1 and Outlot A underground; specifically: electrical, telephone, cable television and gas services. Menard hereby represent that all such utility services will be available for the building, if any, to be constructed on Lot 1 and Outlot A prior to occupancy of any building(s) located thereon. City hereby acknowledges that public utility services have been provided to Lot 1 and Outlot A 8. No occupancy of a building in the Property shall occur until water, sanitary sewer, and a paved driving surface are available for use to that building. 9. Prior to the release of the Plat for recording, the Developer shall: A. Deliver to the City the Financial Guaranty (Section 60). B. Deposit the funds to the City(Section 6P). C. Pay the following trunk charges for Lot 2' in the total amount of $109,301.47 for 8.363 acres: Calculation Amount Due Water $2,846.00/acre $23,801.10 Storm $9,563.00/acre $79,975.37 Sanitary $325.00/units $5,525.00 Total: $109,301.47 (Sanitary sewer trunk charges have been calculated based on a determination of 17 SAC units. Additional funds may be due for an increase in SAC units based on tenant uses,which funds shall be paid at time of building permit issuance for tenant improvements). 10. In addition to the trunk charges noted herein, upon submission of a building permit application, the Menard and Developer agree to pay the City for the following public services furnished to the Property, in an amount as determined upon the basis of units (per building) as I [Additional trunk charges will be due to the City in connection with the development of Lot 1, and Outlot A of the Plat, the charges shall be paid prior to the issuance of building permit(s). 5 determined by the City Engineer, which amount shall be paid at the time of the issuance of the building permit. A. Sewer Availability Charge- The rate per unit is based on the year in which the building permit is issued (presently $2,852.00 per unit - $2,485.00 Metro and$367.00 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$995.00 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 parties mutually recognize and agree that park dedication requirements for Lot 2,as provided in Chapter 153 of the City Code, shall be satisfied by a cash payment of$14,302.08. Payment shall be made by Developer to the City prior to the release of the Plat for recording.2 12. The parties mutually recognize and agree that storm water pond dedication requirements for the Property, as provided in Chapter 153 of the City Code, shall be satisfied by construction and installation of a storm water pond (and related storm-water facilities) located on Lot 1 within an public easement identified as WVR P55.2 & P55.1 [the installation has been completed and accepted by the City, and is to be maintained by the City]; and the installation and maintenance of the SAFL Baffle by Developer on Lot 2, in accordance with the Storm Water 2 [Addiitonal park dedication shall be due and payable to the City in connection with the development of Lot 1 and Outlot A of the Plat; the dedication shall be paid prior to the issuance of building permit(s)for such lots.] 6 Maintenance Agreement attached hereto as Exhibit"D"and incorporated herein3. The Developer shall execute and record the Storm Water Maintenance Agreement with the Plat. 13. The Developer agrees to execute and record with the Plat an Access Restriction Easement to restrict vehicular access to 147th Street and Johnny Cake Ridge Road, in the form attached hereto as Exhibit"E". 14. Menard has installed and paid for a public street lighting system. The Developer agrees to install and pay for a private lighting system for Lot 2 of the Property, in accordance with City and Dakota Electric Company standards. Menard agrees to install and pay for a private lighting system for Lot 1 and Outlot A of the Property, in accordance with City and Dakota Electric Company standards. 15. Menard agrees to provide the City with as-built surveys, in a format that is acceptable to the City Engineer, to include electronic documents, for the location of any building perimeter and the utilities, curbs, and/or pavement constructed on Lot 1 and/or Outlot A. 16. Developer agrees to provide the City with as-built surveys, in a format that is acceptable to the City Engineer, to include electronic documents, for the location of any building perimeter and the utilities, curbs, and/or pavement constructed on Lot 2. 17. Developer agrees to reimburse the City for all reasonable engineering, administrative and legal costs and expenses incurred by the City in connection with this Agreement or the enforcement thereof 18. Developer shall deliver to the City copies of the recorded documents to evidence that the Developer has complied with its obligations to record under this Agreement. 19. Menard and Developer hereby specifically hold the City and the City's officers, employees, and agents harmless from claims made by Menard, Developer and third parties for 3[Additional storm water maintenance facilities will be required with the development of Lot 1 and Outlot Al 7 damages sustained or costs incurred resulting from Menard's and Developer's obligations under this Agreement. Menard and Developer release the City and the City's officers, employees, and agents from any liability in connection with this Agreement, the Plat, and the development of the Property, except to the extent arising from gross negligence, willful misconduct, or fraud of such members. 20. This Agreement shall terminate upon issuance of the completion of Menard's and Developer's obligations under this Agreement. Upon written request from Menard or Developer, the City will release, by means of a recordable document, one or more lots from all or specific obligations under this Agreement,provided the obligation from which Menard or Developer seeks to be released has been fully completed in conformance with the terms of this Agreement. 21. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Property and shall be binding upon the respective heirs, administrators, successors and assigns of Menard and Developer. [SIGNATURES ON FOLLOWING PAGES] 8 IN WITNESS WHEREOF, the parties have hereunto set their hands. DEVELOPER Scannell Properties#281, LLC, an Indiana limited liability company By: Marc Pfleging Its: Manager STATE OF INDIANA ) ) ss. COUNTY OF MARION ) On this day of , 2021, before me a Notary Public within and for said County,personally appeared Marc Pfleging to me personally known,who being by me duly sworn, did say that he/she is the Manager of Scannell Properties #281, LLC, an Indiana limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company as the free act and deed of the limited liability company. Notary Public 9 MENARD Menard, Inc. A Wisconsin corporation By: 'heron J. Be g Its: Real Estate anager STATE OF WISCONSIN ) )ss COUNTY OF EAU CLAIRE ) 44-, On this /} day of 1 , 2021 before me a Notary Public within and for said County, personally appeared Theron J. Berg to me personally known, who being duly sworn did say that he is the Real Estate Manager of the corporation named in the foregoing instrument and that the Manager acknowledged the instrument to be the free act and deed of the corporation. IACYrkR N ary Public Op ►�+WI iSn�0\-\ 10 CITY OF APPLE VALLEY A Minnesota municipal corporation By: Clint Hoopaw Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 2021, 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 MGD/skh (66-42408) APPLE VALLEY COMMERCE CENTER KNOW AIL PERSONS BY TNESE PIb9INlk That Sconrll Propedlm 1201.LLC an Irdano IYnll.d fidelity company.be armor of 1M following described PPTIf;,1111 CON/CAM& properly: Csy SpW0 de carry Urer to.aret-..,VymN leer NMpf..rw.'e L1;t e,,,c 1 txe•.ro Trend ncamel of land Tooled In M.East I/O of the Soothes.1/4,of Seclbn 20,Township 115,Rang.20,Dakota Moody,Minnesota men particularly SwnWWv ia ti 5lal[p1 4srey col ley:y:.e a eeawt 1�ppIwNwlEeWT of 1M 9era0.sr e.�wy,Jp uc rnxlr�ly=pN and described as Mews: bb.b a.wm.rly edp.sw re.Iva For;that of m.ee omle.�,gto 1 She aiet N.b..,�err.a►,cornet T Vol.set.T.y.en. yore Met or edp bcapybn cord et!pvy,a duL o,b IN1.Wgt.S1at q L[WN 561.01,• 2.so c•tN r a'm't Commencing of Ms South Quarter corner of mild Sedan 25:Mena.North 0005'S1'Emit along the east Anse of cold Earl 1/2 Of W Southward 1/4 o MytnN wee ere.footle oy mow;as al maw.aye pW Fame,Las MOWN co tar pia, Melon.al 1586.10 leet to the point of o 0101ng;thane South of the 0'Wee!a ddanm al 5211. 1 lee;thence South;11.02.Wool a aldan[e of 150.14 teal;tome North 6W01'S1'Weal a dlelanee of 156.5e feet!hence North 0715'43'East a defame of 6163 feel:thence North 6251'51'Earl Dale in:.-Fry.l 20141 w Nm eloa of T6.22 feel;thence Nerds 12'10'10'Es bm t o dl. e of 420.37 feet to the centerline of an Enromen1 ACOuleltbn Agreement theme along eep ewtlnase T87,55 eei1 000 mete.W.xe.f a MAW 2=WA.lo-n g heing a rodeo of 2045 feat,hawing North B705'01 Earl chord aMtaxa of 6DD�0 Met Wore 4Al~I bid,0II. Wirth K]1121'Cog w 4uss we 655.57 feel b Ma east Noe of the Mae End 1/2 of the SouM,teel 1/4; ))u Meese Sfarth Wm'71''Wnl gam Aka eW cool Mar r IN Earl 1/E of the Soothed 1/4 a&stone of 371.00 Lod la IN point of boghnnI g Mere yj nem)IwrMthenea nNO S9ES6]r And.plot Monad Inc,a Wlaansln corporattor..lea owner al M.following detc0Ml property STATE OF MINNESOTA 0U1LOT A and(MOT 0,NENMDS AT IMNSON CONCRETE.according to LM recorded plot thereof,Dakota County,ellnnsala. COUNTY OF Thin Instrument was oclno,Mdged blare ma on fhb__day w1 2020,by eery BJorhbntl- Xa.month W nma b M elrvgatl aM DbWd art APPLE VALLEY COMMERCE CENTER and do hereby dedcala for pubk roe Me public wry and drainage and ulaFly aamrnnla a.[fooled by Ws pI.L (Signature) (Nome Pranbd) b edema wher0ar said Scanner PropedN.1251,LLC,on boon rmeed Ii0bllly company by Mom promote to be Monad by il•proper cancan Mla Notary Public County.Lennon. Orly of _2020. My Commotion Moires__ Skmd Scmnall PropeNw 1251.LLC,an Indiana limited nubile/comport CITY COUNCIL.COY OF APPLE VALLEY,SPATE OF MNN60TA 15y$N M aWISTM 4 the Clay C0unrll of lire Lle/col Appple Vdty,Lnnmmb.al a reguiar mnling IMreol MN My 6.4 t mrtl oath DId b In wmynr,ca xllh IM provmbn.oar eel forth In NMneeda Slotu.es.Satin Marc D.Pfb91g,Manager MOSa COMM'DrBy Mayor .Ndaa Clsrt mN 11rrani noon of I0.,dIodg.0 010?. 10 to by Marc D.Pllegbg,Manager el Scorned Pr0partee/201.LLC,an Indiana Molted IIe0I51y CWMY SVNVEY011 I hereby certify Mel In accordance fel,w^nna1a Status.,Section 505021,Subd 11.thin plot hn boon reviewed old approved%le (oKnaboa) (Nome Printed) day of 2020 Notary Pudic, County, My Commlabn E.plree Todd B Telefoon Dakota County Surveyor In warn oh.reol old Mallard,Inc,o WNooaln tarpwolkra,has caned IMs presents to signed by Ile pope afncer MI.___ay al .2020. DEPMOWNT OF PRUPEREW'LOCATION AND RECORDS,COUNTY OF 01NOT&STATE OF 11ggNE500A Speck Mend,Inc.,a Weccneln Cwparatbn rwa^t I.Mimeo.SMIWe.,5ntlan 305021.Sub.B.bur payable In Me year 20_an IN lard h.relnbefole deocrtb.d Nye R.11.1 Cd.te...row Non path are pursuant to Na neata Statutes,Section 27212,Mere aro no ddMacenl Ion and tamer ente.d MI. day of Berg TThom .2020. STATE OF WPSONSN COUNTY OF FAf1 CURE Amy A.Korth,%actor,Deportment d Prapedy Taallan and Records mi.Innen/mat woe acknowledged before ore on —by Theron Sorg,Real Fable Manager al Menord.Ica.,a Wecenoln Corporation _- COLeer d many or diem nut or wasiaA (5lnalun) (Nome Meted) I hereby cnllly that 1N.plat of APPLE VALLEY COMMERCE CENTER we reed In the allaoo of Me Loamy Records,far pub1k re.erd on tar. clay of_ ,20 ,at_a'[b[M_N red war duly Nod in Book _of Plot, Notary Public. Wisconsin y mmhbn I.Permanent Fog._____o.Document Number omom c0aO`un0,uaarool.ob , V ■ WENCK ASSOCIATES EXHIBIT Sheet 1 of 2 smell, eelOfA APPLE VALLEY COMMERCE CENTER A a °Etin~- _-- - I _ .AK _— _ �— —+— I I — r rX, I `'Rye.H'A!' _.r'!' - ! n•.YWr _-w'+�wlw wa yarn I f UPPER 8147TH S 'BEST !Ff J�6g.".r. ���+ y-^��1JPPER IJ7T11 SfREE'f WEST ! i I�j ��y 'M�� �7 /r �r l� fib 1 -n.Al urA..rW ram`�Lj 1 iC I^1x xi saws M I ..1.gar.' e,�• .t I g1/,r__�y —ci:... 1,s OT Ai II't yAg a i I r --7 1■i •` LOT 2 111 1 c7 'i I A" I ,, i �'`� .et,�,�v�`wn p ' 1- c I Ca.f:; L—k.. a1r-- �''�`F'a�- x 4 PART OF THE EAST 1 2 OF THE S�� 1:4 SEC. 26 Y 1: K.n 1 t4 N�W,,,,oFPirA.2..6 �•,WPIM4=ff _'A• IS is 5.So • I------- -- T., D 'WSEND 1 .'IO-f '��T" µ ! DENOTES IRON MONUMENT FDUND ��..LL !:-'• •:,----: O DENOTES 1/2 NCUI JL IA NCH NON MONUMEM''� ��DT —El/�WW_d/i• A `6- ' I J ET WITH PLASTIC cm,WANED PL5 NO.AE96! �'Yi1 a R%M WYL.L'0ANE W�WCLT '" .riwaw,.. /I f f BLOCK 1 A iID a n MONO OafMftAM MN$T CALwTT/ rw F�R' E L/ 5 LOT 1 //\ % 1 EU I i 48TH S T.WEST, orL.�r,�011515>zs yy�NLnc. � E� MTPAr�NA 6 g' I € _ 1 F . \ a 8 @I 1 < DJ • / 5C \\ `` y Ft..y CCI NOT m SCALE 'E / w C 117','I S BEM 5 Far N MOM ANO AO/OIMW tor LN6 M® E I .T \ `' N ,. �:I _ OEND TO FEET N MOTH AND AOIODLND PUBLIC WAYS (-� Ti AND HEN LOT LIVES UNLESS OHK6WISE NOMAISO ON 1 �- ' yy t — TES FLAT...1 rrlmi I `e \cr �f 1 �` I \\ ` OUi LOT B / ';i Gn0"DC S I I ucnrC CAR ALTq•T NOW wrevoAa„ rrI ii \ ^ // }' PLEELV'1.MW'`i\ v 4 S. h OF MIX a .Y ATiNNSON CONCREtf ILLS AN MARINO ARE man ON ME EAST E ASSUMED BGRMC \ — F` -I A1e'yhu_ i �� 11 r- or N OO DECREES 05 MINUTES 01 SECONDS EASE. v RETAILP Sc r,� ' TT..----,1,N I•' .? [) NOT l0 SCALE -1 •f L•..-15 P.r N I _ IL i -0d.. I Cy 1 i fN G, I 8149TH STREET WEST I I 1 8149TH ST. WEST n hr 7— I I ------ I 'NI I I 1. 4® NOT rO SCALE ....Lawiu ..a WENCK 'A' ASSOCIATES EXHIBIT 12 2 heWi6 tt Q CITY OF APPLE VALLEY RESOLUTION NO. 2020-33 PRELIMINARY PLAT APPROVAL APPLE VALLEY COMMERCE CENTER 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 December 18,2019, and February 19,2020; and WHEREAS, on February 19,2020,the City Planning Commission reviewed the preliminary plat for conformance with the standards of Chapter 153 of the City Code and recommended approval, 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: APPLE VALLEY COMMERCE CENTER BE IT FURTHER RESOLVED,that said preliminary plat approval is subject to the rezoning of the three parcels,which must be completed prior to final plat approval. BE IT FURTHER RESOLVED,that said preliminary plat approval is subject to the vacation of the drainage and utility easement dedicated for trunk storm sewer on Lot 1, Block 1 Apple Valley Commerce Center(as preliminary platted) and the north property line of Outlot B, MENARDS AT HANSON CONCRETE,and rededication of the easement in a location to be approved by the City Engineer. 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 development 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 two (2)lot(s) and one(1)outlot. 2. The Park dedication requirement for Lot 2,Block 1 is based upon the City's finding that the subdivision will create 117 employees which equates to 11.7 resident-equivalents that will generate a need for 0.112 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 0.112 acres of needed land area at a benchmark land value of$128,000 per acre,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. Exhibit B p. 1 of 3 Additional park dedication shall be due and payable to the City in connection with the development of Lot 1,Block 1 and Outlot A and shall be paid prior to the issuance of building permits. 3. Stormwater pond requirements shall be satisfied by the dedication of drainage and utility easements and execution of a Storm Water Management Maintenance Agreement. 4, Dedication on the final plat of a ten foot(10')wide easement 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. 5. Dedication on the final plat of a five foot(5')wide drainage and utility easement along all common lot lines, except for the additional easement needed for the City's trunk storm sewer in a location to be approved by the City Engineer. 6. 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. 7. Installation of pedestrian improvements in accordance with the City's adopted Trail and Sidewalk Policies,to consist of eight foot(8')wide along bituminous pathways along Johnny Cake Ridge Road and 147°i Street West. 8. Submission of a final grading plan and lot elevations with erosion control procedures,to be reviewed and approved by the City Engineer. If the site is one(1) or more acres in size 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. 9. Dedication of one foot(1')wide easements which restrict direct driveway access to Johnny Cake Ridge Road and 147th Street West 10. Installation of a public(or private) street lighting system,constructed to City and Dakota Electric Company standards. 11. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 9:00 p.m. Monday through Friday.Weekend construction hours shall be limited to the hours of 8:00 a.m.to 7:00 p.m. on Saturday. Construction shall not be performed on Sundays. 2 Exhibit B p. 2 of 3 12. The City receives a hold harmless agreement in favor of the City as drafted by the City Attorney and incorporated into the development agreement. ADOPTED this 12th day of March, 2020. M I-1 in - ()land,Mayor A IT EST: iek ) Pamela J. Cac s ette i ly 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 , 2020,the original of which is in my possession, dated this day of , 2020. Pamela J. Gackstetter, City Clerk Exhibit B 3 p. 3 of 3 CITY OF APPLE VALLEY RESOLUTION NO. 2020-34 A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR APPLE VALLEY COMMERCE CENTER AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance of a building permit for commercial, industrial, and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project; and WHEREAS, the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on February 19, 2020; and 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 Apple Valley Commerce Center is hereby authorized, subject to compliance with all City codes 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 2,Block 1,Apple Valley Commerce Center(as preliminary platted). 3, Approval of site plan/building permit is subject to the approval of the rezoning of the property and subdivision of the property. 4. Approval of the site plan/building permit is subject to the vacation of the existing trunk storm sewer pipe and dedication of replacement easements in a location to be approved by the City Engineer. 5. Construction shall occur in conformance with the site plan dated January 31, 2020, 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 following: Exhibit C p. 1 of 4 a. A right-turn lane shall be constructed for the private driveway access from 147th Street West into the site subject to final approval by the City Engineer. b. A Proof-of-Parking Agreement shall be executed for the parking spaces that will not be paved with the initial construction in accordance with City Code Sect.155.377. c. All waste containers shall be completely screened with a wall or equivalent visual screen constructed with materials that are architecturally compatible with the principle building in accordance with City Code Sect. 155.348(C). 6. Construction shall occur in conformance with the landscape plan dated January 31,2020, including sodded/seeded public boulevard area up to each street curbline;subject to submission of a nursery bid list that confirms that the landscape plantings meet or exceed 1-1/2%of the value of the construction of the building addition based on Means Construction Data. 7. Construction shall occur in conformance with the revised elevation plan dated February 17, 2020, received in City Offices on March 4, 2020, subject to submission of a roof cross-section drawing and mechanical plan to confirm rooftop mechanical units will be screened in accordance with City Code Sect. 155.346. 8. Site grading and drainage 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,if required,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. 9. The civil plans,including sanitary sewer, water and storm sewer plans,are subject to review and final approval of the City Engineer. 10. The property owner shall provide evidence of executed encroachment agreements with Magellan Pipeline and Great River Energy for work proposed within their easements. 11. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of storm water management on the site. Exhibit C 2 p. 2of4 12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. The lighting plan shall be reviewed and approved by the planner prior to issuance of the building permit. 13. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the installation of any signs. 14. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. 15. Earthmoving activities shall not occur when wind velocity exceeds thirty(30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 16. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements,a suitable financial guarantee in the amount of 125%of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline,with the cost of such City completion to be charged against the financial guarantee. 17. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple 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; and Exhibit C 3 p. 3 of 4 ADOPTED this 12th day of March,2020. 641 MI •III an ()land, Mayor ATTEST: Pamela J. Gack.. ier.Uy Clerk CERTIFICATE I,Pamela J. Gackstetter, Apple Valley City Clerk,hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on , 20 , the original of which is in my possession, dated this day of , 20 Pamela J. Gackstetter,City Clerk Exhibit C 4 p. 4 of 4 STORMWATER MAINTENANCE AGREEMENT This Agreement is made by and between Scannell Properties#281,LLC,an Indiana 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 2, Block 1, Apple Valley Commerce Center, Dakota County, Minnesota, according to the recorded plat thereof(the "Property"); WHEREAS, on March 12, 2020 the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council's Resolution No. 2020-34, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan,dated January 31,2020("Site Plan"), and in conformance with City Code. The Site Plan is attached hereto as Exhibit A and incorporated herein. WHEREAS, the Site Plan, in accordance with the City Code, requires the Owner to install and maintain a SAFL Baffle or approved equivalent on a portion of the Property as depicted on the Site Plan & Utility Plan, more specifically CBMH-302 and MH-20 shall also be sump structures per City of Apple Valley Detail Plate STO-5s. WHEREAS,the City requires the Owner to install and maintain a SAFL Baffle or approved equivalent device in accordance with the design specifications as set forth in Exhibit B attached hereto and incorporated herein. Exhibits A and B shall be collectively referred to as the "Specifications". WHEREAS,the purpose of installing and maintaining a SAFL Baffle is on-site storm water management and to promote the water quality and volume control of the City's water bodies. 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 infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth. 1 Exhibit D p. 1 of 8 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. 1.2 Construction Requirements. The SAFL Baffle shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the SAFL Baffle in accordance with the terms and conditions set forth in this Agreement. If at any time the device fails to conform to the standards and the Specifications set forth herein,,the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the structure to the standards set forth herein. If the City approves the proposed remediation plan and schedule,the Owner shall perform the remediation in compliance therewith. 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 after they fall to the ground in October or November each year. 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 curb lines where storm sewer structures are located and the Owner shall keep the curb lines free of any debris, leaves, litter, or other objects. 1.6 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the SFL Baffle and storm sewer structure associated with it. 2. Insoections. 2.2 Annual Inspections. The SAFL Baffle shall be inspected annually by a Qualified Person selected by the Owner to determine whether or not the device is functioning in accordance with the Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a professional engineer licensed by the State of Minnesota, or a person approved by the City Engineer based on training and experience. The Owner's responsibilities under this Section shall be at the Owner's sole cost and expense. If, as a result of the inspection, the device is determined not to be functioning in accordance with the Specifications and this Agreement, the Owner shall restore/repair the infiltration basin to function as specified herein. Upon request from the Owner,the City Engineer may establish an inspection schedule permitting such inspections to be performed less frequently than annually,but the City Engineer may reinstate the annual inspection schedule at any time by notice to the Owner. 2 Exhibit D p. 2 of 8 2.3 City Notification and Independent Inspection. The City shall be notified at least 48 hours prior to the annual inspections or any maintenance of the device and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the device at any time, but the City shall use reasonable efforts to notify the Owner of its intent to enter the Property to inspect. 2.4 Inspection and Maintenance Report. The owner shall submit a report to the City, no later than two (2) weeks after any annual inspection or maintenance of the SAFL Baffle, providing the following information: a. Date and time of inspection b. Log of findings c. Date and time of maintenance d. Log of maintenance performed. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the device does not conform to the Minimum Infiltration Capacity or any other requirements of the Specifications or 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. 3.2 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 bring the device into compliance with the or Specifications,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 so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 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 for the device and all work completed by the City to bring the device back into compliance with the Specifications. 3.4 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 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 or the right to contest the assessments under Minnesota Statutes §429.081. 3.5 Right of Entry. The City shall have the right to enter the property to inspect and to implement the terms of this Paragraph 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 3 Exhibit D p. 3 of 8 4. 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. 5. 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 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. 6. 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. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety(90)day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. [SIGNATURES ON FOLLOWING PAGES] 4 Exhibit D p. 4 of 8 ER SCA L PROPERTIES# , LC By: Pfleging Its: Manager OF INDIANA ) ) ss. COUNTY OF MA' : ) The foregoing instrument was ac edged bef• u s day of 2021,by Marc Pfleging the Manager of Scan - ''• •: 'es#281,LLC an Indiana limited liability company. Notary Public 5 Exhibit D p. 5 of 8 CITY OF APPLE VALLEY By: Clint E[o■ Its: Mayor : : Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OTA ) The foregoing inslrunicn cknowledged before me this ay of , 2021, by Clint Hoopaw and Pamela J. Gac er,the and City Clerk of the City of Apple Valley, a Minnesota municipal car , o if of the municipal corporation. 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 MGD (0066-42408) 6 Exhibit D p. 6 of 8 • 11 Ircir N WENCK ��_ SLAM 1 +A�Nr 0 C4 rmwwExcx cox _ — — — -----x. y --- --_�= —LEGEND Dww�,�AH� $ j V. -`' r ■ 4.1g 147TH ST.W. �� ^— -- zoaIr.r C e. W' —a �— _� ,.t 5 C A N N E L I. __ • - -"� f- - ! sEclroxuxE 44-4 r R � ♦ - � T -1- -- __-^� —` r~• •� 111 fir ..- _ J { .1 RNn�FA\FN�FENTuxe wAru'newws� Dm A I. i-rr- M± ' 1 E• 1 `//11 .� p��y�� _�ryI-��` - ' II �" -I] ~ G 1 (K)1 I r m1UMiNOLISPAYFIENT �`'~ • ' "'(.1 .r 1° AUTO PNGV� -� ■ l f !r4`•' CONCPETEPAVFNFIIL /y O .,, !' ~ + NC P 1ry \• rL A �� I I IA O PADPDSEDPARANG COUNT Iy .iiIii PI M1 i.'' ('• •HIE p1' '930,.v "� _' '�rr r :�- F nu1,E„r SR£IWALYSI3 TABLE� F" o 1 in eiplwfd EE 5 r4 _ L 4R+TiiIWT;ILQ7E I,APRC NL:L*WMBOCEfnrl[HW W y ' S1] MFwPew Eu a a , l[WCf#KVR71 IMO Dacia Of Myw J ° o U y. .,, �Ii..�•r � „ 9f[T OI P VAA�H.L,y µWE y Q E r 1 ILrm a I I! YN tr r PTMR.Y Y[A A > W m '.` i +ILO LOT2 tic PROPOSED BUILDING I an apeba,. I ADORERS �B - U o i z L 1� to 'I E 117,000SF ! ''i I 'f 1 o I iouG PROPERTY 181,6115SFWS7SAE) W 3 FFE=986.00 Le �eW N m A ' 1 1 I IQ 0 1 !I } 11 It ;I I�i 1 1 I fit I rsnuAwEe2 n+m! B2esusFlasaraci _a.'" e� I 1 • ,t I u1 1 r Q I aura c+M� �3 Q G = z1 ~AI_I_� r I, �1� '1E 1 ol{nmmt.+ NVngtaEORr►}/�Fover O m 1 Pra.ae rJ -�I . E • xI � PROPOSED OWNS Nra9afaMRlMlllxt U S L� ' P ' : I i r r I F+aroroeae v6 1 _, 1 4 I 'i� ' {s • U• . I1 1 I� �IP�RAi..wnwaea T. I' I F — w •• ] I = I TOTAL ARFA LAC.) roEXCLU ND) wPERVDU9 PERNCUS AREA ! I III I I ' O PL@LIC, i l' •I• �-AREA IAG.I (..) • I i _ + _ n _ Its I _-=- :orwr •�1- P P y 1 1ifig 7I RiDPOBED ^ rY I ryOIpRUR}C �� r� .C.p 53 rp4pEp.� �! wr,{Tw is y1�f I BUILDING COVERAGE 45% I2MAC 1]2 I%) a�-j M SS .�_J A6t?LEw 1.412 IKIYI}u! r f IT MRW�U MAW 111 rjitf��CC + 1 l; 2 ,■ sp + U, I I BIAEOING FOOTPRINT IS:� GROSSFLOOR AOF STORIES }II 1II Nl Wa,E 4.0 ^ L sEitm• Ni4G EM�E' I13 1 S E 45i • r 11 . MC/f,a F[.i1eiEEWAC15555 DWG 1STALLPER 150 SF FLOOR AREA FOR THE FIRST MO I MC wlRw IP:w468.646, srrxcro KEYNOTES 0 1 " uaer+In I r OFFICE WILDING USE SF,1HEN1STAS1 PEfl200 SF FLOOR � ` mituao 4Na F I 'wSQ I 0MOULOWRE PAVEMENT�••1.E E1/u4C-001 148TH ST.W. TM`�F" $ •. �T1 1 tow.PIWMAYooloax•ILINI,Ltriso.A ! ly�P11 PERIOD SF FICORMEA FOR THE FRSi&000 'A"''a} ` \Ns • u%S55S R.lIPPtlg4•IRI•ItII3*J&mass WhREHWSE USFSEINEN I STAILPERB005F FLOOR AREA i-n�'p'i.4•.i} \ /■ff1t '....AO MCASP1.Pl' R1mk1.13 LL'� RainE,n,nue E.wu fpNnl9i,LLl PpI Lg05F R00R p[' • \ br..r,/ i Txxaussocn11 SOlO 110-SEE DEIUI2 Loam A4IMIFAtTLPINU USE ,.nq I.N. DODW6 00PLO A roxC E R HN S PRLHLEDRO ICW Mat I ADA SIOSVALNRMI•SEE KUL I m � w pAsDwNIwD,Lms,•AD1.Rooart.Ieea•.a ne • t WRIIK1eAC.v LNIMAa•II[OFTAEneeeAa AGRgyr,C B =m�Esr 502/-003I ,ir 2 MOEIMP PART STRIPE-SEE DEM wyEPAP➢ ® • l.71 7, 1 11 AMP/MING STALL-SE• A•Mre A.ADAPAI0RxD SM..POST-SEE DETMLS011Cmi 0.101 WINE RIIWR/ J 4➢(R mD71II .,. Awpr1.P le iAA S... IS AOAPAKKIxO scum.PARSWGENiN/41.05I•SEE OETAIL51.7 d01 BUILDING PARKING - 61FINOtr hlwrO;ybur,,. G.BOLLARD•bEE DETML I mo' 1 s ��~ u.$AaP1IN•KCGiMtAtSI AlIY.rS.NHINnq! XTIII'relRERUOEItPAD vwEPxle 3ii '�r.,_M1_ ' N.iu61FFF9PANC81Wrt MwRCIGXDO4 R'W trnPAiM /M�WNFSRi£rrNL amp SO 7I!' 2D rt • �L 't T`'-A j AwnuaoeAFE'SpNApIIpR(MylCr,eF{gNfPMIr� I WRPir,yyi r - SITE PLAN .. - �- 12 miff TRUNGLE&....eSIPVOE.4WCtl011.1NL.eR.SPwIT.E. NI 4 TY - - - N)ACLENRNIAD ONTO wt.plywLPnvKrwwaArt IMUR I iLeJll h. �'� �� DNroP Rx NDDAVFI DNPR I I Pew 7I x mi. y �� ! ! 632 V SI)w-M) IB s G 101 - - EXHIBIT t Exhibit D F A P' Loc ( p. 7of8 ip 416 600 County Road D West, Suite 14 Exhibit B V S Lrea New Brighton, MN 55112,651 237.5123 www.upstreamtechnologies.us p. 1 of 1 Technologies SAFL Baffle Operation & Maintenance Manual Operation The SAFL Baffle is a stainless steel baffle installed in a concrete structure to capture sediment from stormwater runoff. Once installed, the SAFL Baffle requires maintenance to perform properly. Maintenance 1. Visual Inspection -Three times per year for first two years, once per year following 2. Sump Cleaning - Once per year, unless visual inspection indicates more frequent cleanings required Tools Needed 1. Vacuum truck with jet power washer 2. Measuring tape with attached flat disk 3. Rake or broom Visual Inspection Visual inspection needs to take place to ensure the SAFL Baffle is functioning properly and should take place 3 times per year for the first two years. 1. Previous Inspections—When was the last time this structure was inspected? 2. Access- Is the structure accessible? If not, remove obstruction. 3. Debris - Is trash or vegetation in the structure? If so, what types of trash or vegetation are present? Is there so much debris that it is difficult to see water? If so, sump cleaning is required 4. Structural Integrity - Is the SAFL Baffle broken?Are there pieces of the baffle that have become dislodged? Do any parts of the SAFL appear weak or damaged? If so, contact Upstream Technologies at www.upstreamtechnologies.us. 5. Check that the side rails are securely attached to the concrete structure wall. A pole may be used to perform this check from outside the structure. Secure any loose connections between the side rail and concrete wall. 6. Clogging - Is anything clogging the baffle? If so, what is causing the clogging? Attempt to remove debris stuck to the Baffle with a rake or broom. 7. Sediment Accumulation — How much sediment has been captured so far? Use a tape measure with a flat disk attached to the bottom to measure the depth of sediment accumulated. Several measurements should be taken to generate an average sediment depth. If average sediment height is within 1-ft of the bottom of the SAFL Baffle, sump cleaning is required. Sump Cleaning Sump cleaning needs to take place to ensure maximum capture of sediment from stormwater and should be performed at minimum, once per year. The structure is full and needs sump cleaning when sediment is within one foot of the bottom of the SAFL Baffle. Additional cleanings may be required per year if sediment is consistently filling to one foot below the SAFL Baffle before a year has passed. 1. Vacuum water, debris, and sediment 2. Jet wash debris from Baffle 3. Jet wash any remaining debris and sediment towards vacuum hose Exhibit D p. 8 of 8 ACCESS RESTRICTION EASEMENT THIS EASEMENT is made this day of , 2021, by Scannell Properties #281, 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 2, Block 1, Apple Valley Commerce Center, 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: The northerly line and the east line of Lot 2, Block 1, APPLE VALLEY COMMERCE CENTER, Dakota County, Minnesota, EXCEPT for the west 50.00 feet of the east 723.00 feet of said northerly line as measured at a right angle from said east line. See drawing attached hereto as Exhibit"A". This easement is granted for and limited to the express purpose of restricting vehicular access to 147th 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. Exhibit E p. 1 of 3 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. NNELL PROPERTIES #281, an In i limited liability co ny B . arc Pfleging Its: Manager -'ATE OF INDIANA ) ) ss. COUNTY I i ARION ) On this day of , 2021, before me a • Public within and for said County,personally appeared Marc • ' •ing to me person. nown,who being by me duly sworn, did say that he/she is the Manager of Scam P • .-rties #281, LLC, an Indiana limited liability company, named in the instrument, and i . aid i ment was signed on behalf of said limited liability company as the free act . seed of the limited is•' ' 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 MGD/skh(66-42408) Exhibit E p. 2 of 3 Y,- — i CENTERLINE OF 50'WIDE RIGHT-OF-WA , i SIDEWALK, MAIL, DRAINAGE AND UTILITY ..--i EASEMENT AS PER DOC. NO. 2820795& _i _- 2820794 ' i i ` A ,1. r? '', r ..7410.28 -r- i O r — 1 / / 1 Fyi, / L 1 e. 1 — j r O '� _-'KITH STREET WEST 2 I in to I--.-.. ———— 72.E __... — ' _ • �.- _ • �. . _ — • —. • _ • _ •_ — -- _ , 1 '� �v 67 501 .....l w I 'C 50'WIDE ACCESS OPENING\ 80'TRAN5118SS/ONLINE-s I 11 `�= EASEMENT PER 330 NO �,,y, • - 3 I •, 3304557 \rJ r �50' WIDE PIPELINE EASEMENT �i1 $' O PER DOC. NO. 340748, BOOK K II C n r OF MISC. :dEC.CirDS, PG. 195 --ACCESS--. I -\ J I CONTROL ! \ / 2 LINE l L.L.,It / `. r 0 I k I s: • r.I f . " RT OF THE: r- a =.'- 1/2OF THE= ` u iii SEC. 2,•i li I if - - - �. _ -- _-- _ ,. i _ � r I 1 R r' rr1' \ i DRAINAGE AND UTILITY EASEMENT` "� I 18 (_L_). CIP4111148:14111411444\41.1 I r 'I I• 'I - — II 40 / L 40 es ( ,, RAIN BLOCK 1 'I. 4 <� / 1 11\ ,11-'' �'I/ ;�? I ,,., C.L. OF 50' TRANSMISSION CNuE ■ 1 ,11 I EASEMENT PER DOC NO 3304558 ■ 1 V1j1 all -11'- \ 1 \ 1 • ` '.' 1 f;: e�•„^, 1EAST LlN£OF HAMS 8, MENAROS �•i/ \ AT HANSON CONCRETEI "\ '.C1\ ■ 1.ii 11�I'i \ 1. __ C f•_1 111:1 1.111 e-' • 40 f• ‘-' -- , r� (-) _� 1 'I \ 1 i ,e s, \ r•10' WIDE DRAINAGE AND-�� ; \/ f 1,' �'^� UTILITY EASEMENT 1r1' ' 1 1 -r-I I ' 111 1 1 } \\\ is NI 80 I 1;1:: 11� PROJECT TRLE w�►T WENCK era CO Stantec ACCESS CONTROL EXHIBIT EXHIBIT4 CLIENT NAME pWN 6Y Ch iCO APP'p DWG DATE 31—MARCH-21 GJB DL XXX SCALE 1• = 150' — A SCANNELL PROPERTIES #283, LLC PROJECT NO. SHEET NO. 227701230 1 OF 1 Exhibit E p. 3 of 3 STORMWATER MAINTENANCE AGREEMENT This Agreement is made by and between Scannell Properties#281,LLC,an Indiana 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 2, Block 1, Apple Valley Commerce Center, Dakota County, Minnesota, according to the recorded plat thereof(the "Property"); WHEREAS, on March 12, 2020 the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council's Resolution No. 2020-34, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan,dated January 31,2020("Site Plan"),and in conformance with City Code. The Site Plan is attached hereto as Exhibit A and incorporated herein. WHEREAS, the Site Plan, in accordance with the City Code, requires the Owner to install and maintain a SAFL Baffle or approved equivalent on a portion of the Property as depicted on the Site Plan & Utility Plan, more specifically CBMH-302 and MH-20 shall also be sump structures per City of Apple Valley Detail Plate STO-5s. WHEREAS,the City requires the Owner to install and maintain a SAFL Baffle or approved equivalent device in accordance with the design specifications as set forth in Exhibit B attached hereto and incorporated herein. Exhibits A and B shall be collectively referred to as the "Specifications". WHEREAS,the purpose of installing and maintaining a SAFL Baffle is on-site storm water management and to promote the water quality and volume control of the City's water bodies. 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 infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth. 1 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. 1.2 Construction Requirements. The SAFL Baffle shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the SAFL Baffle in accordance with the terms and conditions set forth in this Agreement. If at any time the device fails to conform to the standards and the Specifications set forth herein,,the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the structure to the standards set forth herein. If the City approves the proposed remediation plan and schedule,the Owner shall perform the remediation in compliance therewith. 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 after they fall to the ground in October or November each year. 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 curb lines where storm sewer structures are located and the Owner shall keep the curb lines free of any debris, leaves, litter, or other objects. 1.6 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the SFL Baffle and storm sewer structure associated with it. 2. inspections. 2.2 Annual Inspections. The SAFL Baffle shall be inspected annually by a Qualified Person selected by the Owner to determine whether or not the device is functioning in accordance with the Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a professional engineer licensed by the State of Minnesota, or a person approved by the City Engineer based on training and experience. The Owner's responsibilities under this Section shall be at the Owner's sole cost and expense. If, as a result of the inspection, the device is determined not to be functioning in accordance with the Specifications and this Agreement, the Owner shall restore/repair the infiltration basin to function as specified herein. Upon request from the Owner, the City Engineer may establish an inspection schedule permitting such inspections to be performed less frequently than annually,but the City Engineer may reinstate the annual inspection schedule at any time by notice to the Owner. 2 2.3 City Notification and Independent Inspection. The City shall be notified at least 48 hours prior to the annual inspections or any maintenance of the device and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the device at any time, but the City shall use reasonable efforts to notify the Owner of its intent to enter the Property to inspect. 2.4 Inspection and Maintenance Report. The owner shall submit a report to the City, no later than two (2) weeks after any annual inspection or maintenance of the SAFL Baffle, providing the following information: a. Date and time of inspection b. Log of findings c. Date and time of maintenance d. Log of maintenance performed. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the device does not conform to the Minimum Infiltration Capacity or any other requirements of the Specifications or 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. 3.2 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 bring the device into compliance with the or Specifications, 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 so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 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 for the device and all work completed by the City to bring the device back into compliance with the Specifications. 3.4 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 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 or the right to contest the assessments under Minnesota Statutes § 429.081. 3.5 Right of Entry. The City shall have the right to enter the property to inspect and to implement the terms of this Paragraph 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 3 4. 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. 5. 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 maybe filed of record unless the City consents to the amendment, release or 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. 6. 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. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety(90) day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity,performance, and enforcement of this Agreement. [SIGNATURES ON FOLLOWING PAGES] 4 OWNER SCANNELL PROPERTIES #281, LLC Lfrfr/�,t�f/// By: Marc Pfleging Its: Manager STATE OF INDIANA ) ) ss. COUNTY OF MARION ) The foregoing instrument was acknowledged before me this day of 2021,by Marc Pfleging the Manager of Scannell Properties#281,LLC an Indiana limited liability company. 18Y R. n CI(SUN P ' Ne¢ wry state al Indians r HamiXon CWnIyy GpmmiaslCn Numhar 891 Sd6 my Cove aegn Evrrsa k ..gs * mm 7(sEA, "on°!'23.2921 } ' Public 5 CITY OF APPLE VALLEY By: Clint Hoopaw 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 , 2021,by Clint Hoopaw 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. 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 MGD(0066-42408) 6 I I ��__—'' NS WE•NiCK -- � 'I ,N ,uo xx r-- ..--.......-1 011.0111,00661.1.1.1 pmenokman r�_r ' ''.�i•�p �� - �yr� j ®wnm sD1 0 x le sw WON wEN asa l 'r -' + LEGEND • LNILOFaT14r4�'Ay PIVOTwvs r• G44OPfGMIP1Ft— YI I0.1 A. F 147TH ST.W. w.aT•r=wr16 "r r r~ > �r �.�_ _ .a-n wue SCANNE L l E Il1=11.. — r*• -„r m---- '. � ,. Ensxv0:1111Nr,NE _ )\,‘ i- = J^y tt , .� ,� --.-.. ' — -- — — �'R —1 —' 7 `I zuc=Inl•. - .>.+�xl.+,.r ! 1....... ax r ] D� 16d AUTO PARKINp: f 'J i1 `I I I b �a.carcl Pn..xwrr o ` lY U� I !`.:� 4400 I ' �2i . . `�` ' g`nl w T IL ?ri 1 Od .LY gFLF�„w,N, • s r k '� •�� ,. rn-.� I �-eMrx LLJ w r��'' ti 0, - �Y P F 0 r-F I 6 �'CP L r + Y +- I 1.3 -nit r / MYPrmf,.L SITE ANALYSIS TABLE F- Ez - 1 T �+ w., xi l , Y i I mlvaww°" W Z rc 22.9.0022430 tr 5 A}j[T� `e ` _ f lmtRtoEl.ARa:A1uf'COMMERCE CENTER J LV W 1 5 o nnanus I I r rr I tEp�o€rxRlw ravnucz waa 0ww J (� o 1 1 WPM■ 3S 8 'J[CT]I 11,MINN.III RANGE DO W i /01w IE • I>•(O1F[GWr1;YrpE1C1A Q } 1 % •r - 1.072 • PROPOSED BUILDING w.NM ..7P. ;,, J�� ,T I ip�rra INS U o x i II La of !Y 117,000 SF 1 11 I�1 - 1[AMA I e.aacetlelerExlr 3&,9PBBF;L3TBnC. 1 J • I' z v FFE-986.00 [o ! I I a rorr�AAeAtroeiPan 1 0_ LLJ N Et u F ' rr I '" I t-'I� 1 I I ! & I WLl A¢ G1 1]9.93RSF(BB4IAC.I IZ. 2 w • C •, I r I r»rsr�.r. 11 j o 1.,�ko1R _ BD CUM a y li Z I ' "'" -� is r i C_'. -� r I +emslw MOILR:tu•ouA nu+smvs,wcwon 0 s 1 1 PF EDW o ilcmYlwylmlc - F U m , �.O.• /r "�i t , Y 3 IL: I PeTPGeED NR_ 8 �r ® • t= • , '•,I• ', . . 11r- 1 1 {F{ ] L ANASRnM/n{yy [ T 1 • • • �• Lp- J ! z I Y • • s• 111 1 I. Z TOTAL MEA(AC7 UAPERVi0119 PERVIOUSPRFA !� I. �^ [ '— ` - JI [ 11 I = I TOTALARP-AUC.) EXCLUDING 7. xp •1. 1 ti l �� +1 ` i 1 r 0 _ PUBLIC ROW AREA(PG) (AC.) I' • f sE r ! I ,...i. , 3 •t.... i4• I S _ ___w---- -- r ii JPrcVBNc[ ��act ...--- it,,,,,,, PPROPOSED 7 �» A _3� I I WILING uU 4&CV 2.883A4(41 T%) PIPPDI,eY.0 ( ewne 1 ir 99 �eanae CatwaT r ,SIRDi. .r pa iM� ' / 1 nwwer -J !A t I BUILDING FOOTPRNTiBF) GROSSFLOOR t I SUM AREA A ) S , .LO r Rit -R n.4eeveab <lx�f`! TA PAINIO MORI{ r Ir � I •, o L 1202C/40JOENEVI I. E w>,rwra�iouralw.ceolna.ns KEYNOTES Q l,' 1 �5 POND WJRSSI L+.ZK.ai nAxl..xlo iR/. II RooReCLMUAroaliamSruca __--- �� AWL�BBGD VT ICE SUMO .11.Tlp11 LTPVWB 1aR.Rii[1DRAn`A - W r 1`ll NYh=91&82 IDF}W,DI.SEEDErul1¢ml ]ry[R¢T:Eq .A•.L✓N4 r� 5 I LOT1 ese I,IVINwxeI•INDIMIDm 146TH ST.W. WAREHOUSE USE iet V Isr I/mt RI remora) U• f 1 ,PM4!<IIpq A,OCeI1L-lrlssInfl.eef I In m..d.l... 4 R 1oL.fnl lrsggWr4Ne-Ir[Rixl •IUTI&L13YL1/C MIXIN.POilID9MIdl 1 , cPetiNrl4yL�Y1RW MMIFACTIIXING USE l 1.1•1,M161.0 ae0r•tl1YG.,1YJ1ARFl1.. 1` N. aePg201.9[LIf.-MC NOI FAO Ir oraxn xMR 1LTA f '�`� '�]i01sLlF.T•N[KNl S[A'EMO O. I.v\ . \ x �aPaWl.p,sa[I104'W1•Wt1T.l ACE I Lrxfnw ic¢wazr -RLz Af�l«a 1 IL fAPAUW STML-[pR•ALLLrfr IL11dtlb 1 ® pwFr NO.v IL AOAP.41.STuNA.0ETA„9fmAal ■f ` ponarb rILMIftARIN[ • sAPo.p1�/Pxf1Tl[•lf[9rT.LUCN. ,mfTL R.'.a'RYI.MpLlfAYALIA APARxIxD S Lk VAN WRING SIGN AxDPaST SCE DlrNlse lcml I BUMNG FMNING i�YKO BI ooki KOINTO,ykOo•N:M IURo•SSEE oral wt+e I `tip Et.Ms NO MI MO mf x1PM'C/c�RI1WD =� `M1 I u OMASCP1•1~.1.1L.L Nikki MRM morkikk RAM MP f I �l'iOLL1EE11 ZC ww uvPmxr.yr.CMPSTFxnm-xxr PrenIL S f IpiPLL�PELT VIM SITE FYAN KW-+..wawma.am cawc.PwF.t ueAnPAYPLer. LLIrP/4PM0.PllOdO DR18tTGIu as m _ E ``�+ ronolmxsrlwNFxlANosEUI.rRxFrRTr nRYxo IKAI MOr - -_. . _....— ...__..._ - _— — ._ _ EXHIBIT b Ap. 1 [ 4116 600 County Road D West, Suite 14 Exhibit B u strew New Brighton, MN 55112,651.237.5123www.upstreamtechnologies.us p. 1 of 1 Tech n a l iv- g SAFL Baffle Operation & Maintenance Manual Operation The SAFL Baffle is a stainless steel baffle installed in a concrete structure to capture sediment from stormwater runoff. Once installed, the SAFL Baffle requires maintenance to perform properly. Maintenance 1. Visual Inspection - Three times per year for first two years, once per year following 2. Sump Cleaning - Once per year, unless visual inspection indicates more frequent cleanings required Tools Needed 1. Vacuum truck with jet power washer 2. Measuring tape with attached flat disk 3. Rake or broom Visual Inspection Visual inspection needs to take place to ensure the SAFL Baffle is functioning properly and should take place 3 times per year for the first two years. 1. Previous Inspections—When was the last time this structure was inspected? 2. Access - Is the structure accessible? If not, remove obstruction. 3. Debris - Is trash or vegetation in the structure? If so, what types of trash or vegetation are present? Is there so much debris that it is difficult to see water? If so, sump cleaning is required 4. Structural Integrity- Is the SAFL Baffle broken?Are there pieces of the baffle that have become dislodged? Do any parts of the SAFL appear weak or damaged? If so, contact Upstream Technologies at www.upstreamtechnologies.us. 5. Check that the side rails are securely attached to the concrete structure wall. A pole may be used to perform this check from outside the structure. Secure any loose connections between the side rail and concrete wall. 6. Clogging - Is anything clogging the baffle? If so, what is causing the clogging? Attempt to remove debris stuck to the Baffle with a rake or broom. 7. Sediment Accumulation— How much sediment has been captured so far? Use a tape measure with a flat disk attached to the bottom to measure the depth of sediment accumulated. Several measurements should be taken to generate an average sediment depth. If average sediment height is within 1-ft of the bottom of the SAFL Baffle, sump cleaning is required. Sump Cleaning Sump cleaning needs to take place to ensure maximum capture of sediment from stormwater and should be performed at minimum, once per year. The structure is full and needs sump cleaning when sediment is within one foot of the bottom of the SAFL Baffle. Additional cleanings may be required per year if sediment is consistently filling to one foot below the SAFL Baffle before a year has passed. 1. Vacuum water, debris, and sediment 2. Jet wash debris from Baffle 3. Jet wash any remaining debris and sediment towards vacuum hose ACCESS RESTRICTION EASEMENT THIS EASEMENT is made this day of , 2021, by Scannell Properties#281,LLC,an Indiana 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 2, Block 1, Apple Valley Commerce Center, 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 (the "Easement Area"): The northerly line and the east line of Lot 2, Block 1, APPLE VALLEY COMMERCE CENTER, Dakota County, Minnesota, EXCEPT for the west 50.00 feet of the east 723.00 feet of said northerly line as measured at a right angle from said east line. See drawing attached hereto as Exhibit"A". This easement is granted for and limited to the express purpose of restricting vehicular access to 147th 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. 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. SCANNELL PROPERTIES#281, LLC an Indiana limited liability company By: Marc Pfleging Its: Manager STATE OF INDIANA ) ) ss. COUNTY OF MARION ) On this day of , 2021, before me a Notary Public within and for said County,personally appeared Marc Pfleging to me personally known,who being by me duly sworn, did say that he/she is the Manager of Scannell Properties #281, LLC, an Indiana limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company as the free act and deed of the limited liability company. JOY Rlt54N ,c) i n ko[vp Puhlrc Stale o!Indrarta SEAL Hamlxan cnu7 Commisxion k�mbgr gylggg ,No.x� My CornMcgSV1 Expires ubli kuwarnber 23,2024 This instrument was drafted by: Dougherty, Molenda, Solfest, Hills &Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952)432-3136 MGD/skh(66-42408) ---- ..---- CENTERLINE OF 50'WIDE RIGHT—OF—WAY,—, — SIDEWALK, TRAIL, DRAINAGE AND UAL17Y EASEMENT AS PER DOC. NO, 2820793& 1 i 2820794 � i lat,26 r —_mot.,, /�/ I i 1 1 1:•r\r . - a I �� 4lJTH STREET WESTLo r~ ' ! a+ 1 . '�50'WIDE ACCESS OPENING 80'TRANSMISSION UNE-ti f iI 1 i�I ti EASEMENT PER DOG NO Vy � 1..--." 1 3304557 1rJ • '-50' WIDE PIPELINE EASEMENT \ti I �x� '8 O PER DOC, NO. 340748, BOOK K • (r s I — 1 OF MISC. arms. PG. 195 —ACCESS---_ r-\ J 1 CONTROL N.1 Ly: 11hft I 2 LINE T� LLJ il / _ 1 I r\ - - - r- A n . r_ -r I I n 1 r- 1 I 1 •SI. 1 IF Fr T OF I Hh• F- /1 `J I 1 % % `)F- I F-1 F- /'I F-w, ar:i1 r 11 1 1 /1 1 1 1 L_ L_I-1\� 1 1/ a_ 1 1 1 L_ I I 11 -Y •!L_ _ ii 1 (_) 1 LC) 1 I I __ .. - --. - - -- -- - - -- -j P 1 • -:_ •T I rlllr�r• Vi .L_ DRAINAGE AND UTILITY EASEMENTS "� 1 �.SSI =_; �1�1�� // � 1 ,1J y 1 40 i -'/B L Cat i <'' y r DRAINAGE AND U71111Y- '1 f EASEMENT L J 1 • I 1 C.L. OF 80' 1RANSMISSION LINE 11 I..I EASEMENT PER DOC. NO. 3304556 ' fl `.I i f ,,, , „.z 7 a^ �� 1 1 L J I c;A� � 1 I EAST LINE OF OURpT 8 MENARDS ', I A T HANSON L'ONCRE IE .Li 1 4 1 r■� 1 1 O L.LAJ ro . L° ^, 1�11 /III ;L, • I`-'I\ `, 40; ` i; \� , If _\ \ rf0' WIDE DRAINAGE AND-�" \/ c,r U1ILITY EASEMENT I \�\ 1 I r,l 1 1 ' 1 i ' N ao - I 1 ill , � I 1 L ' . PROJECT TITLE valFW E N CK now a ® Stantec ACCESS CONTROL EXHIBIT EXHIBIT CLIENT wME nwr+BTCHEF) .N PD DWG DATE St-MARCH-21 0dB Di XXX 'SCALE 1" - 150' 4 SCANNELL PROPERTIES #283, LLC PROJECT NO. SHEET NO. 227701280 1 OF 1 SUB-RECIPIENT AGREEMENT THIS SUB-RECIPIENT AGREEMENT ("Agreement") is made this day of April,2021,by and between the City of Apple Valley,a Minnesota municipal corporation(the "City"), and Scannell Properties #281, LLC, an Indiana limited liability company ("Developer"). WHEREAS, the Developer owns real property legally described on Exhibit "A," attached hereto ("Property"); and WHEREAS, the City, as Recipient, entered into a Contamination Cleanup Grant Contract Agreement, Grant No: CCGP-20-0003-Z-FY20, with the State of Minnesota Department of Employment and Economic Development (DEED) effective June 25, 2020 ("Grant")for clean-up of the Property; and WHEREAS, DEED is issuing the Grant to the City for the purpose of reducing the potential threat of harmful contaminants to the public's health and the environment, among other things; and WHEREAS, a condition of the Grant is that the City contribute a percentage of the amount of the Grant("Local Match"); and WHEREAS,the Property is afflicted by contaminants which Developer shall undertake to mitigate, abate, or otherwise remove and in so doing Developer shall be responsible to directly satisfy the purposes of the Grant; and WHEREAS,the Developer desires to obtain the Grant funds for the work; and WHEREAS, the City wishes to make available the Grant funds to Developer for the work. NOW, THEREFORE, in consideration of the mutual undertakings, the parties to this Agreement agree as follows: ARTICLE 1 Definitions Section 1.1. Definitions. In addition to the defined terms set forth throughout this Agreement,the following terms are defined as follows: "Benefit Date"means the date on which Developer provides written proof to the City of the completion of the Clean-up. Upon acceptance of the proof by the City, 1 submission to the State of Minnesota of Certificate of Completion and a full accounting with invoices, and approval by the State Minnesota and remittance of funds from the State of Minnesota to the City, the "Benefit Date" shall be certified by the City in substantially the form set forth at Exhibit"B". "Disbursement Date"means the date(s)of disbursement of all or a portion of the subsidy by the City to Developer. "Grant Agreement" means that certain Contamination Cleanup Grant Contract Agreement, effective June 25, 2020, expiring June 30, 2023, executed between the State of Minnesota and the City as grant number CCGP-20-0003-Z-FY20, awarding a grant amount up to Eight Hundred Thirty-Two Thousand Four Hundred Twenty-Five and 00/100 Dollars($832,425.00)from the State of Minnesota to the City and requiring the City to match up to Two Hundred Seventy-Seven Thousand Four Hundred Seventy- Five and 00/100 Dollars ($277,475.00). The Grant Agreement is incorporated herein and attached hereto by reference as Exhibit"D". "Clean-up" means the following activities: investigation and RAP development; contaminated soil excavation, transportation, and disposal; clean soil backfill; RAP implementation, oversight, and reporting. "Parties" means the City and the Developer,collectively. ARTICLE 2 Grant Section 2.1. Incorporation of the Grant Agreement. Developer acknowledges and agrees that the provisions of the Grant Agreement and the requirements imposed on the City apply to Developer in this Agreement and are incorporated herein. Section 2.2. Grant Funding. The Grant consists of two funds: (1) the Grant funds provided to the City, and (2) the funds the City is required to match. Any disbursed funds pursuant to the Grant Agreement are grant funds only and the City is not obligated to provide funds other than those from the Grant. Upon Completion of the Improvements, in order to receive Grant funding, Developer is required to submit to the City, together with a Certificate of Compliance in substantially the same form as Exhibit C or as otherwise required by the State of Minnesota, a full accounting of costs for the Improvements with invoices and receipts as may be necessary or required to support the costs and expenses claimed by Developer ("Proof'). The City will submit the Proof to the State of Minnesota for the State of Minnesota to determine whether the Proof is satisfactory. To the extent the City receives funds from the State of Minnesota pursuant to approval of Developer's Proof, it will remit such funds to Developer within thirty(30) days of such receipt. 2 • Section 2.3. Pass-Through. The City serves as a pass-through entity for Grant funds whereby Developer,standing in the City's position,shall absorb the match.As set forth herein, Developer shall pay the costs of the Improvements, and the City shall not be responsible for any such costs. Developer is responsible for absorbing the match amount under the Grant Agreement and all other amounts required to complete the Improvements. Under no circumstances shall the City be deemed responsible to pay any costs, fees, expenses, or other requested Local Match amounts out of its own funds. (1) Example 1. Suppose the Improvements cost $500,000.00 total. If the State of Minnesota approves Developer's request for funding as described herein, and pays the City $375,000, the City will pass these funds through to Developer. Developer is responsible for the remaining costs, including the local match of$125,000.00 from the City. Section 2.4. Public Purposes. The public purposes and goals of the Agreement are to reduce the threat of harmful contaminants to the public's health and the environment and provide other public benefits by redeveloping polluted and unproductive sites. Section 2.5. Goals. The measurable, specific, and tangible goals for the subsidy are set forth as follows(collectively referred to as "Goals"): (a) Commencement. Developer shall commence the Clean-up no later than June 15, 2021. (b) Certificate of Completion. Developer shall complete the Clean-up on or before October 31, 2021. Section 2.6. Reporting Requirements. (a) Reporting Time Period. Developer shall submit to the City information regarding the Goals (see Grant Agreement) from the date this Agreement is signed upon request by the City and/or when all the Goals have been met. (b) Reporting Form. Developer shall make reports on forms developed by the Minnesota Department of Employment and Economic Development, which may be required by the State of Minnesota and/or the City pursuant to the Grant Agreement. (c) Submission Deadline and Penalty. The report and any other compliance items required by the Grant Agreement must be submitted to the City and State of Minnesota no later than March 1 of each year for the previous year(i.e. March 1,2022 for clean-up completed by October 31, 2021). If the report is not submitted by March 1, the City shall mail a warning to Developer within one week of the required submission date. If, after 14 days of the postmark 3 date of the warning, Developer fails to submit the report to the City, Developer must pay to the City a penalty of $100.00 for each subsequent day until the report is submitted. The maximum penalty shall not exceed$1,000.00. ARTICLE 3 Contingent Disbursement of Funds Section 3.1. Disbursement of Funds. So long as the Developer is not in Default, as described in Article 5, and so long as the following conditions (a)-(d) are satisfied, and the City has received funds described below in Article 3.2, the City hereby agrees to disburse the Grant funds under this Agreement and the Grant Agreement upon: (a) Completion of the totality of Clean-up by Developer; and (b) Payment by Developer of all costs and expenses associated with the Clean-up; and (c) Submission by Developer to the City of a satisfactory Certificate of Completion; and (d) Receipt by the City of Grant funds from DEED promised under the Grant Agreement. Section 3.2. Contingency. If the City has not received any portion of the funding designated in the Grant Agreement,the City shall not be required to make any disbursements to Developer. (a) Example 2. Suppose the Improvements cost $500,000 total. If the State of Minnesota pays the City$0,the City in kind will remit$0. (b) Example 3. Suppose the Improvements cost$1,500,000 total. The State's total obligation is $832,425. See Grant Agreement § 4.1(b). If the State of Minnesota approves Developer's request for funding as described herein, and only pays the City $750,000, the City will pass these funds through to Developer. Developer is responsible for absorbing the remaining costs, including the City's matching share of the Grant. ARTICLE 4 Additional Developer Obligations Section 4.1. Additional Reporting Requirements. In addition to the reporting requirements set forth in Section 2.6 of this Agreement, Developer shall provide to the City information for incorporation into any progress reports, as required by any state or local 4 government political agency, to monitor implementation of this Agreement for compliance with state and local guidelines. Section 4.2.Nondiscrimination.The provisions of Minnesota Statutes Section 181.59, which relates to civil rights and discrimination, shall be considered a part of this Agreement as though fully set forth herein, and the Developer shall comply with each such provision throughout the term of this Agreement. Section 4.3. Workers Compensation Insurance. The Developer shall obtain(or require its general contractor to obtain and maintain)and maintain workers compensation insurance as required by Minnesota Statutes Section 176.181,subd.2 at all times while the clean-up is being performed. Section 4.4.Grant Agreement.The Developer shall comply with the terms of the Grant Agreement. ARTICLE 5 Default Section 5.1.Events of Default.The Developer shall be in default under this Agreement upon the happening of any one or more of the following events ("Event of Default" or "Default"): (a) Developer fails to meet any of the Goals, as set forth in Section 2.5 of this Agreement. (b) the Developer is in breach in any material respect, of any obligation or agreement under this Agreement, and remains in breach in any material respect for sixty(60) business days after written notice thereof to the Developer by the City. (c) if any material covenants,warranties,or representations of the Developer shall prove to be untrue in any material respect,provided such covenant,warranty or representation of the Developer remains untrue in any material respect for sixty (60) business days after written notice thereof to the Developer by the City. (d) the Developer fails to pay its debts as they become due,makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, state of federal, now or hereafter existing, becomes "insolvent" as that term is generally defined under the Federal Bankruptcy Code,files an answer admitting insolvency or inability 5 to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty(60)days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of any order for relief in such bankruptcy case, or be adjudged a bankrupt or insolvent, or has a custodian, trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished, vacated or stayed within sixty(60) days of the appointment; (e) a final judgment is entered against the Developer that the City reasonably deems will have a material, adverse impact on the Developer's ability to comply with the Developer's obligations under this Agreement. (f) the Developer fails to maintain its existence in good standing in the State of Indiana with the Indiana Secretary of State, or its registration in good standing in the State of Minnesota with the Minnesota Secretary of State. (g) Developer fails to submit to the City a completed report as required by Section 2.6 in this Agreement subject to the cure provision set forth in Section 2.6 of this Agreement. (h) the Developer sells, transfers, assigns, or otherwise disposes of all or a portion of the Property. (i) Developer merges or consolidates with any other entity without the prior written approval of the City. Section 5.2. Rights and Remedies Upon Default. (a) In the event of default, the City shall have the right, at its option, and without demand or notice, which is hereby waived by Developer, to terminate and declare this Agreement null and void. (b) Notwithstanding this section, the City shall have all rights and remedies available to it under any other provision of this Agreement or any law. (c) The Developer agrees to pay the costs and expenses incurred by the City in enforcing its rights under this Agreement, including, but not limited to, the City's reasonable attorneys' fees. 6 Section 5.3. Waiver. The failure or delay of the City to take any action or assert any right or remedy, or the partial exercise by the City of any right or remedy shall not be deemed to be a waiver of such action, right or remedy if the circumstances creating such action,right or remedy continue or repeat. ARTICLE 6 Developer's Acknowledgments,Representations and Warranties Section 6.1. Acknowledgements. The Developer hereby acknowledges that: (a) Nothing contained in this Agreement,nor any act of the City, shall be deemed or construed to create between the City and the Developer any relationship(except as grantor and grantee),including,but not limited to,that of principal and agent,limited or general partnership or joint venture. (b) There are no other beneficiaries to this Agreement other than Developer. Section 6.2. Representations and Warranties. The Developer hereby represents and warrants that: (a) Developer does not appear on the Minnesota Department of Employment and Economic Development's list of Developers that have failed to meet the terms of a business subsidy agreement. (b) Developer has reviewed this Agreement with an attorney, accountant, financial advisor or other appropriate professional and fully understands the legal and tax implications of this Agreement. (c) To the best of Developer's knowledge,no member, officer, or employee of the City, or its officers, employees, designees, or agents, who exercises or has exercised any functions or responsibilities with respect to the Improvements during his or her tenure shall have any interest, direct or indirect,in any contract or subcontract,or the proceeds thereof, for work to be performed in connection with the Improvements or in any activity, or benefit there from, which is part of the Improvements.. (d) To the best of Developer's knowledge,it has obtained or will obtain all federal, state, and local government approvals, reviews and permits required by law to be obtained in connection with the Improvements and has undertaken and completed all actions necessary for it to lawfully execute this Agreement. 7 (e) To the best of Developer's knowledge,it has fully complied with all applicable local, state, and federal laws pertaining to its business and will continue such compliance throughout the term of this Agreement. Developer shall comply with all applicable OSHA regulations, especially the federal Hazardous Waste Operations and Emergency__Response Standards(29 CFR 1910.120 and 29 CFR 1926.65). If at any time notice of noncompliance is received by the Developer, the Developer agrees to take any reasonable action necessary to comply with the local, state, or federal law in question. ARTICLE 7 Miscellaneous Provisions Section 7.1. Release and Indemnification Covenants. Developer agrees to protect and defend the City and its officers, employees, designees, and agents, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever, other than intentional acts, by any person or entity, arising or purportedly arising from the Improvements or related to the Property. Section 7.2. Immunity. Nothing in this Agreement shall be construed as a waiver of the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law. Section 7.3. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. Section 7.4.Notices and Demands.Any notice,demand,or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by U.S. Mail or delivered personally to: (a) as to the City: City of Apple Valley 7100 147th St.W. Apple Valley, Minnesota 55124 with a copy to: Dougherty,Molenda, Solfest, Hills &Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley,Minnesota 55124 Attn: Michael G. Dougherty (b) as to the Developer: Scannell Properties#281, LLC 8801 River Crossing Blvd., Suite 300 Indianapolis,Indiana 46240 Attn: Marc Pfleging, Manager 8 or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the other party as provided in this section. Section 7.5. Binding Effect. The covenants and agreements in this Agreement shall bind and benefit the heirs, executors, administrators, successors and assigns of the Parties. Section 7.6.Merger.None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 7.7. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies or claims arising out of this Agreement shall be heard in Dakota county,Minnesota. Section 7.8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 7.9. Headings. The Parties agree the headings and sub-headings used in this Agreement are solely for convenience of reference, are no part of this Agreement, and are not to be considered in construing or interpreting this Agreement. Section 7.10. Entire Agreement. This Agreement, with the exhibits hereto, constitutes the entire agreement between the Parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the Parties pertaining to the subject matter of this Agreement. Section 7.11. Separability. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other government entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be duly executed. [The rest of the page intentionally left blank. Signature pages follow.] 9 DEVELOPER SCANNELL PROPERTIES#281,LLC An Indiana limited liability company By: Marc Pfleging Its: Manager STATE OF J L 4x//--) COUNTY OF DAI) ss. , On this day of /-1)//Y-If/ , 2021, before me a Notary Public within and for said County,personally appeared /Marc Pfleging to me personally known,who being by me duly sworn, did say that he/she is the Manager of Scannell Properties#281,LLC, a Indiana limited liability company,named in the instrument, and that said instrument was signed on behalf of said limited liability company as the free act and deed of the limited liability company. • .iQ'f . '� r• +*'"n`�rf+ Notary Pdlc,Stale d Indwis! � 1 r9EAL qL Ate* CmFSiNmCbo $ 4A8 • M7co.m on t Public Novo mbar 23.1924 CITY OF APPLE VALLEY By: Clint Hooppaw Its: Mayor- By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 2021, before me a Notary Public within and for said County, personally appeared Clint Hooppaw 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 MGD(66-41717) EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Commencing at the South Quarter corner of said Section 26; thence North 00° 05' 31"East along-the-east line of said East%of the Southwest% a distance of-1586.10 feet to the point of beginning; thence South 87° 58' 20" West a distance of 829.80 feet; thence South 01° 30' 02" West a distance of 130.74 feet; thence North 88° 07' 51"West a distance of 186.54 feet; thence North 07° 15' 43"East a distance of 67.83 feet; thence North 62° 51' 56"East a distance of 78.22 feet; thence North 12° 10' 10"East a distance of 420.37 feet to the centerline of an Easement Acquisition Agreement; thence along said centerline 197.38 feet along the arc of a curve concave southerly having a radius of 2045 feet, bearing North 87° 05' 07"East chord distance of 197.30 feet; thence along said centerline North 89° 51' 01"East a distance of 655.87 feet to the east line of the said East 'h of the Southwest 'A; thence South 00° 05' 31" West along the said east line of the East % of the Southwest 'A a distance of 371.66 feet to the point of beginning there terminating. EXHIBIT B BENEFIT DATE CERTIFICATION Pursuant to-the -Sub-Recipient Agreement, made-between the City of Apple Valley and Scannell Properties#281, LLC, (hereinafter, the "Parties") on the day of , 2021, Scannell Properties#281,LLC,was approved for funds in an amount of up to Eight Hundred Thirty-Two Thousand Four Hundred Twenty-Five and 00/100 Dollars ($832,425.00), to be made available upon submission of a Certificate of Completion and other documentation as required by the State of Minnesota and/or as set forth in the Sub-Recipient Agreement. Funding is subject to the terms and conditions set forth in the Sub-Recipient Agreement such that the City is only required to remit funding in the event it receives funding from the State of Minnesota. IN WITNESS WHEREOF, the Parties do hereby acknowledge the Benefit Date as defined in the Sub-Recipient Agreement, is ,2021 (the "Benefit Date"). EXHIBIT C COMPLIANCE CERTIFICATE _The undersigned_does_hereby certify that_as_of_the_date_of_this Certificate,_Developer—has completed the Improvements as set forth in the Sub-Recipient Agreement, and complied with all federal, state, and local laws, rules, and regulations as set forth or referenced therein. As such, Developer hereby requests disbursement from the City of the following funds, and has attached a full accounting and invoices demonstrating the need for such funds: Amount Requested: $ •••• ITEM: 4.L. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Approve Contamination Cleanup Grant Contract Agreement with Minnesota Department of Employment and Economic Development (DEED)for Apple Valley Commerce Center Project at 6080 147th Street W. Staff Contact: Department/ Division: Kathy Bodmer,Al CP, Planner Community Development Department ACTION REQUESTED: Approve Contamination Cleanup Grant Contract Agreement with Minnesota Department of Employment and Economic Development (DEED) for the Apple Valley Commerce Center project at 6080 - 147th Street W., in the amount of $1,109,900, and authorize Mayor and City Clerk to sign same. SUMMARY: At its March 12, 2020, meeting, the City Council approved the Apple Valley Commerce Center development, a 117,000 sq. ft. flex industrial office-warehouse building on the southwest corner of Johnny Cake Ridge Road and 147th Street, 6080 - 147th Street W. Subsequently, at its April 23, 2020, meeting, the City Council agreed to act as a project sponsor or "pass-through" for State contaminated site clean-up funding on behalf of Scannell for the 8.4-acre site. On June 30, 2020, the City was notified that the DEED Cleanup Grant Application had been approved for the $1.1 million project. DEED will provide 75% of the clean-up cost, or $832,425; the local match will be paid for by Scannell, in the amount of $277,475. A Sub-Recipient Agreement will be executed between the City and Scannell to formalize the pass-through arrangement as part of the execution of the development agreement. Scannell conducted a Phase II Environmental Site Assessment on their site in 2020 and found soils that will need to be removed and landfilled. The grant program is intended to help property owners to clean up their properties for redevelopment. The City of Apple Valley would make no financial contribution toward the project, but would assist the property by acting as the applicant and "pass-through" for the State cleanup assistance. The attached agreement is executed between the City of Apple Valley and DEED. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Agreement Location Map STATE OF MINNESOTA SC #: GRANT CONTRACT AGREEMENT DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION Contamination Cleanup Grant Contract Agreement Grant No: CCGP-20-0003-Z-FY20 Apple Valley Commerce Center Project This Grant Contract Agreement is between the State of Minnesota, acting through the Department of Employment and Economic Development, Business and Community Development Division, (State) and the City of Apple Valley(Grantee). Recitals 1. Under Minn. Stat. § 116J.554 the State is empowered to enter into this grant. 2. The State is in need of programs to do the following: reduce the potential threat of harmful contaminants to the public's health and the environment; to create new jobs and increase the tax base; and provide other public benefits by redeveloping polluted and unproductive sites. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract agreement to the satisfaction of the State. Grant Contract Agreement 1 Term of Grant Contract Agreement 1.1 Effective date: June 25, 2020, or the date the State obtains all required signatures under Minn. Stat. § 16B.98, subd. 5, whichever is later. Pursuant to Minn. Stat. § 16B.98, subd. 7, no payments will be made to the Grantee until this Grant Contract Agreement is fully executed. 1.2 Expiration date: June 30, 2023, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract agreement: 8. Liability; 9. Accounting; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; 15. Data Disclosure; 16. Reporting; 18. Conflict of Interest; 19. Minnesota Business Subsidy Law; and 20. State and Federal Environmental Standards. 2 Grantee's Duties 2.1 Duties,Deliverables, and Completion Dates. The Grantee,who is not a state employee, will perform the following duties and provide the deliverables as outlined below. (a) Administer these grant funds in accordance with Minn. Stat. §§ 116J.551 — 116J.559 and the application submitted on May 1,2020 for funding for the Apple Valley Commerce Center Project, 1 of 8 which is incorporated into this grant agreement and the provisions of this grant agreement. Any modification made to the approved application must be approved by the State. (b) Promptly notify the State of any proposed material change in the scope of the project as submitted in the grant application, budget as defined in Section 4.1(a) below, or entire project's completion date, which must be approved by the State,prior to implementation. (c) Provide evidence to the State prior to the closeout of the grant that the cleanup and/or investigation has been completed and approved by the Minnesota Pollution Control Agency. (d) It is expected that the site will be redeveloped as proposed in the grant application and upon which funding was based. Any material change in the development plans for the site must be presented to the State and approved. (e) Adhere to all other requirements of this grant agreement. 2.2 Provisions for Contracts and Sub grants. (a) Contract Provisions. The Grantee must include in any contract and sub-grant, in addition to provisions that define a sound and complete agreement, such provisions that require contractors and sub-grantees to comply with applicable state and federal laws. Along with such provisions, the Grantee must require that contractors performing work covered by this grant be in compliance with all applicable OSHA regulations, especially the federal Hazardous Waste Operations and Emergency Response Standards (29 CFR 1910.120 and 29 CFR 1926.65). (b) Ineligible Use of Grant Funds. The dollars awarded under this grant agreement are grant funds and shall only be used by Grantee or awarded by Grantee to third parties as grant funds and cannot take the form of a loan under any circumstance. Grantee shall not use, treat, or convert the grant funds into an interest bearing loan, a non-interest bearing loan, a deferred loan, a forgivable deferred loan or any other type of loan. Further, Grantee shall include in any contract or sub-grant awarding the grant funds to a third party all the provisions and requirements of this grant agreement, including the requirement that these dollars are grant funds only and cannot be used, treated or converted into any type of loan. (c) Job Listing Agreements. Minn. Stat. § 116L.66, subd.1, requires a business or private enterprise to list any vacant or new positions with the state workforce center if it receives $200,000 or more a year in grants from the State. If applicable, the business or private enterprise shall list any job vacancy in its personnel complement with MinnesotaWorks.net at www.minnesotaworks.net as soon as it occurs. (d) Payment of Contractors and Subcontractors. The Grantee must ensure that all contractors and subcontractors performing work covered by this grant are paid for their work that is satisfactorily completed. 3 Time The Grantee must comply with all the time requirements described in this grant contract agreement. In the performance of this grant, time is of the essence. 2 of 8 4 Consideration and Payment 4.1 Consideration. State will pay the Grantee under this grant contract agreement as follows: (a) Project Costs. The following table represents the total Project Costs. Activities Amount Investigation and RAP Development $27,200 Contaminated Soil Excavation, Transportation, and Disposal $738,000 Clean Soil Backfill $225,000 RAP Implementation, Oversight, and Reporting $119,700 TOTAL $1,109,900 (b) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract agreement will not exceed $832,425. In accordance with Minn. Stat. § 116J.554, subd. 1, the grant may pay for up to 75 percent of the project costs for a qualifying site.This requires a local match of at least 25 percent. For the purpose of this project, the local match portion is $277,475. Of the total match requirement, 12 percent of the cleanup costs as defined in Minn. Stat. § 116J.552, subd. 2 must come from the municipality's general fund, a property tax levy for that purpose, or other unrestricted money available to the municipality. The rest of the local match may be paid with tax increments,regional,state or federal money available for the redevelopment of brownfields or any other money available to the municipality. (c) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract agreement are considered administrative in nature and not permitted. This does not include costs for contractors to complete the activities listed in Section 4.1(a), which may be considered eligible at the discretion of the State. 4.2. Payment (a) Invoices. The State will disburse funds to the Grantee pursuant to this grant contract agreement, based upon payment requests submitted by the Grantee and reviewed and approved by the State. Payment requests must be accompanied by supporting invoices that relate to the activities in the approved budget. The amount of grant funds requested by the Grantee cannot exceed seventy five percent(75%)of the total approved project costs incurred by the Grantee as supported by invoices. The State will provide payment request forms. Every effort should be made to submit invoices within the same fiscal year the costs were incurred. In order to ensure that all funds are drawn prior to the expiration date of the grant, all payment requests must be received at least 30 days prior to the grant-term expiration date. (b)Eligible Costs. Eligible costs include the costs identified in the Section 4.1(a)of this grant contract agreement that are incurred during the contract period. The Grantee may not use these funds to provide loans to other entities or for administrative costs associated with managing the project this grant is funding. Pursuant to Minn. Stat. § 116J.552, subd. 2, costs of implementing the response action plan (RAP) incurred before the grant award date may be eligible at the discretion of the State, if the costs were completed after the RAP was approved by the Minnesota Pollution Control Agency and the RAP was approved within 180 days of the application deadline. Costs incurred for the development of a RAP incurred prior to grant award may be considered eligible at the discretion of the State. Any reimbursement made for services provided prior to the effective date of the grant will be governed by the terms of the grant. 3 of 8 (c) Program Income. Program income generated from grant-funded activities on hand at the end of the grant period must be returned to the State unless the State has approved a re-use of the income. 4.3 Contracting and Bidding Requirements. Grantees that are municipalities must comply with Minn. Stat. §471.345 if they are contracting funds from this grant agreement for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. In addition, the municipality must not contract with vendors who are suspended or debarred in Minnesota: http://www.mmd.admin.state.mn.us/debarredreport.asp. 5 Conditions of Payment All services provided by the Grantee under this grant contract agreement must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Ryan Bloomberg, Grants Specialist, 332 Minnesota Street, Suite E200, St. Paul, MN 55101, 651-259-7452, ryan.bloomberg@state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Kathy Bodmer, City Planner, 7100 147th St. W, Apple Valley, MN 55124, 952-953-2503, kbodmer@ci.apple-valley.mn.us. If the Grantee's Authorized Representative changes at any time during this grant contract agreement, the Grantee must immediately notify the State. 7 Assignment,Amendments,Waiver, and Grant Contract Agreement Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant contract agreement, or their successors in office. 7.2 Amendments. (a) Amendments. Any amendments to this grant contract agreement, with the exception of Grant Adjustment Notices(GANs),must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract agreement, or their successors in office. (b) Grant Adjustment Notices (GANs). GANs must be approved by the State in writing, and require a written change request by the Grantee. A GAN may be used for the purposes of transferring budget amounts between line items that do not change the contract value, or other grant status activity. All other changes require a formal amendment as stated in paragraph 7.2(a). 7.3 Waiver. If the State fails to enforce any provision of this grant contract agreement, that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Agreement Complete. This grant contract agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract agreement, whether written or oral, may be used to bind either party. 4 of 8 8 Liability Subject to the provisions and limitations of Minn. Stat. § 466, the Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract agreement. 9 Accounting Under Minn. Stat. § 16B.98, subd. 8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement,receipt and approval of all final reports,or the required period of time to satisfy all state and program retention requirements, whichever is later. The Grantee shall maintain adequate financial records consistent with generally accepted accounting principles. The Grantee shall submit accounting system records that track the use of grant proceeds and all matching funds by eligible Project Costs for each year in which grant disbursement and expenditures were made. The records shall reflect both expenditures and revenues and shall be submitted after all grant proceeds and matching funds have been expended or at the State's request. 10 Government Data Practices and Intellectual Property 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable law. 10.2 Intellectual Property Representations. The Grantee represents and warrants that Grantee's intellectual property used in the performance of this Contract does not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, the Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of Grantee's intellectual property used in the performance of this Contract infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Grantee's or the State's opinion is likely to arise,the Grantee must, at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing intellectual property as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. 5 of 8 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract agreement must identify the State as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract agreement. For DEED logos and formatting,please contact Laura Winge at 651-259-7173 or laura.winge@state.mn.us. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law,Jurisdiction,and Venue. Minnesota law,without regard to its choice-of-law provisions, governs this grant contract agreement. Venue for all legal proceedings out of this grant contract agreement, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may immediately terminate this grant contract agreement with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause. The State may immediately terminate this grant contract agreement if the State finds that there has been a failure to comply with the provisions of this grant contract agreement, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. To validate that reasonable progress has been made, a Payment Request, as outlined in Section 4.2 must be submitted to the State before June 30,2021. This date was derived from the schedule provided to DEED in the grant application with additional time allocated for challenges associated with the COVID-19 pandemic. DEED does not intend to offer extensions to this start date. Failure to meet this date may result in the termination of the grant. The Payment Request must include invoices for eligible cleanup costs and should not only include investigation costs. The State may take action to protect the interests of the State of Minnesota,including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract agreement if: (a) It does not obtain funding from the Minnesota Legislature; or, (b) If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the 6 of 8 contract is terminated because of the decision of the Minnesota Legislature, or other funding source,not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. Other Provisions 16 Reporting Grantee must submit to the State annual reports on the use of funds and the progress of the Project covering July 1st through June 30th of each year. The reports must be received by the State no later than July 25th of each year. The reports must identify specific Project goals listed in the application and quantitatively and qualitatively measure the progress of such goals. Grant payments shall not be made on grants,or subsequent grant awards made to the grantee, with past due progress reports. In addition, the Grantee shall submit a final report. The State will provide reporting forms. 17 Debarment and Suspension Certification (If applicable) The Grantee agrees to follow the President's Executive Order 12549 and the implementing regulation "Non-procurement Debarment and Suspension: Notice and Final Rule and Interim Final Rule," found at 53 FR 19189, May 26, 1988, as amended at 60 FR 33041, June 26, 1995, including Appendix B, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions;"unless excluded by law or regulation. 18 Conflict of Interest The State will take steps to prevent individual and organizational conflicts of interest in reference to Grantees per Minn. Stat. § 16B.98 and Department of Administration,Office of Grants Management,Policy Number 08-01 Conflict of Interest Policy for State Grant-Making. When a conflict of interest concerning State grant-making is suspected, disclosed, or discovered, transparency shall be the guiding principle in addressing it. In cases where a perceived,potential, or actual individual or organizational conflict of interest is suspected, disclosed, or discovered by the Grantee throughout the life of the grant agreement, they must immediately notify the State for appropriate action steps to be taken, as defined above. 19 Minnesota Business Subsidy Law The Grantee must comply, if appropriate, with the Minnesota Business Subsidy Law, Minn. Stat. §§ 116J.993 — 116J.995. 20 State and Federal Environmental Standards The Grantee must provide evidence that work performed under this grant complies with state and federal environmental standards. An approval from the Minnesota Pollution Control Agency or other appropriate state or federal agency is required upon completion of the cleanup activities. 7 of 8 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn.Stat.§16A.15. By: nn-- (with delegated authority) Signed: 7 elf., Title: Date: 8/6/20 Date: SWIFT Contract/PO No(s). 181391 PR 57148 PO 3-410986 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: Title: Date: By: Title: Date: Grantee:City of Apple Valley Grant Name:Apple Valley Commerce Center Grant Number:CCGP-20-0003-Z-FY20 Distribution: Agency Grantee State's Authorized Representative-Photo Copy 8 of 8 1 _ _ , . ., __ _ _ _ ,-; v...I I ft144TH STEW a® ;i1" ' Iiiinli ,mot 14570 " r ,,, 4 , , , . , e�! • . jI ,� „ ., -., 6075 - mi,n•lfI � go ' :.l i1 3f10. • -.,-.- .- \ , ) ' - - :.: •‘‘i'er:‘::16.:4.1,:1,:4 14655 D P.r 045 '\„r\.- ''f6275i. 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'1 ;4 a' _ ; : 1i l ,.�-04,. 6024 Nf Y . • j� ;� - _ j' 1 150TH STW - -- - 150TH ST W - _,---_- _. s;y -meµ:, t. ii LOT 2, BLOCK 1 APPLE VALLEY II me ��i ,,�A ,�F COMMERCE CENTER ° =�e mm��' 4mpliper, .,,,,,, ,,,,_,7 ,._ . ,,,x,„ S7E a. , Ina i_„„ve I.4retrr a; ;471 � -.1 II.,r, ,:, ; 1N a •iil ,■• El, LOCATION MAP �� ;' - •••• ITEM: 4.M. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Approve Acknowledgment of Contractor for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter Staff Contact: Department/ Division: Matt Saam, Public Works Director Public Works Department ACTION REQUESTED: Approve and acknowledge that the contractor for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter, is Met-Con Construction, Inc. SUMMARY: On March 11, 2011, the City Council awarded the construction agreement for the Lebanon Cemetery Covered Ceremony Shelter project to Met-Con Kato, Inc. Due to some confusion with the digital bidding documents, there were two names listed for the contractor, one as Met-Con Kato, Inc., and one as Met-Con Construction, Inc. Staff has confirmed with the contractor that their actual name is Met-Con Construction, Inc. To correct this, the City Attorney has recommended that the City Council acknowledge the correct name of the contractor as Met-Con Construction, Inc., and that they are the contractor awarded with the construction agreement for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter. BACKGROUND: On March 11, 2021, the City Council adopted a resolution awarding a construction agreement in the amount of $569,200 to Met-Con Kato, Inc., for the project. At the same meeting, the Council also adopted a resolution accepting an additional $88,445 donation from Paul Rosenau for Lebanon Cemetery. On January 14, 2021, the City Council adopted a resolution approving plans and specifications and re-authorizing advertising for receipt of bids at 10 a.m. on February 9, 2021 for the project. On August 27, 2020, the City Council adopted a resolution rejecting the previous bids on the project due to the high cost. On July 3, 2020, the City Council adopted a resolution approving plans and specifications and authorizing advertising for receipt of bids at 2 p.m. on July 30, 2020 for the project. On January 9, 2020, the City Council approved a resolution directing the preparation of plans and specifications for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter. On November 26, 2019, the City Council adopted a resolution approving a donation agreement with Paul Rosenau for $250,000 toward the Shelter Project. BUDGET IMPACT: N/A. •••• ITEM: 4.N. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Awarding Agreement for Project 2021-104, Greenleaf Elementary Galaxie Pedestrian Crossing Staff Contact: Department/ Division: Brandon Anderson, City Engineer Engineering Division ACTION REQUESTED: Adopt resolution awarding agreement for Project 2021-104, Greenleaf Elementary Galaxie Pedestrian Crossing, to McNamara Contracting, Inc., in the amount $365,463.95. SUMMARY: On April 6, 2021, eight (8) bids were received for the 2021-104, Greenleaf Elementary Galaxie Pedestrian Crossing project as described within the attached bid tabulation. Base Bids ranged from $365,463.95 to $462,398.50. McNamara Contracting, Inc., submitted the low bid in the amount of $365,463.95. The low bid was $40,994.05 under the Engineer's estimate of$406,458.00. A standard City agreement will be utilized for this project. The City of Apple Valley 2019-2023 Capital Improvement Program includes the construction of a High-Intensity Activated Crosswalk Beacon (HAWK signal), center roadway median, trails/sidewalk and roadway widening near Greenleaf Elementary along Galaxie Avenue to accommodate pedestrian improvements for Safe Routes to School. In January 2019, the Transportation Advisory Board (TAB) of the Metropolitan Council of the Twin Cities approved project proposals submitted as part of the 2018 regional solicitation process and included funding for Greenleaf Elementary Galaxie Pedestrian Crossing (Safe Routes to School) in the amount of$198,240 for the 2021 funding cycle. BACKGROUND: On March 11, 2021, City Council adopted Resolution 2021-46, approving plans and specifications and directing receipt of sealed bids for Project 2021-104, Greenleaf Elementary Galaxie Pedestrian Crossing. On February 11, 2021, City Council Approved Advance Purchase of Traffic Signal System Materials and Electrical Equipment in the amount of $33,872.00 from Millerbernd Manufacturing, for construction of public infrastructure relating to the proposed Greenleaf Elementary Galaxie Pedestrian Crossing. On January 23, 2020, City Council adopted Resolution Number 2020-13, directing the preparation of plans and specifications for Project 2021-104, Greenleaf Elementary Galaxie Pedestrian Crossing On June 8, 2017, City Council adopted Resolution Number 2017-93, authorizing the work related to Project 2017-140, Galaxie Avenue Corridor Study. The corridor study is a result of concerns raised at the March 2016 Traffic Safety Advisory Committee meeting. At that meeting, the principal of Greenleaf Elementary School expressed concerns with the roadway configuration following an accident involving students crossing Galaxie Avenue. BUDGET IMPACT: The original Municipal State Aid budget as listed in the CIP was $114,000. An additional $194,218 of Municipal State Aid funds will be required to be utilized for the funding match from the CIP and budgeted amounts. These funds are currently available in the City's State Aid Account Balance. Project costs and funding included in the adopted 2021 operating budget are summarized as follows: Estimated Project Costs: Budgeted Costs: Awarded Costs Construction Cost $406,458.00 $365,463.95 Construction Contingency 25,000.00 65,994.05 Engineering, Contract Admin, Inspection, 75,000.00 75,000.00 Testing, Survey Total Estimated Cost $ 506,458.00 $ 506,458.00 Estimated Project Funding Federal STBGP Funding $ 198,240.00 $ 198,240.00 Municipal State Aid Funding $ 308,218.00 $ 308,218.00 Total Estimated Funding $ 506,458.00 $ 506,458.00 ATTACHMENTS: Map Bid /Quote Tabulation Resolution Exhibit Exhibit ofe B si 5�1ipoul V- Aar 1214 e im l�pp��Yd a !!Tq o.,„ �Y00♦eoo0oa I (� • O4 11141 gaa10e,0 it � )) .°° 000v... oleo yr v 0 O 1v 4 U av°o'� �oo�:o�i �0��0 role o v .gym o 0 nn o 9/ . .°ata011ilb- "J �000000 Os,I�O o1 0 U� w OOOoa000aC ayyyy�CO� 00000 , ��}} �j rr uiiii i III"�. �o�: �o 0 000°0 ‘ •..vvvv9iir ov aa' •�°o�o 11i !v: A.se40111. 3 e0a od$.o ee 00 o a°aaaoploodo 0 0 Q✓ Pvii!!a �7°oovei eo. m �- pllo4 � \Illlomo OQ10 dOoovor vOw o ve � S 'i o m10 nv ve�e wo awl m1 r,0■111 s. v`t1�io o Z av ooY eiroo ty vO4ao'4i 0 i tuir00a. 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Rd 46) GREENLEAF ELEMENTARY GALAXIE PEDESTRIAN CROSSING 2021-104 ••• ••••• ••• • City of Apple Valley Apple I. FIGURE 1 Valley •:::e Project Name: Greenleaf Elementary Galaxie Pedestrian Crossing I hereby certify that this is an exact reproduction of City Project No.: 2021-104 bids received. Apple n p� Valley Bid Opening:Tuesday,April 6,2021,at 11:00 a.m.CST-Electronic Owner: City of Apple Valley +y"" Brandon Anderson,P.E. l Registration No.43332 Bidder No.4 Bidder No.1 Bidder No.2 Bidder No.3 OMG Midwest Inc. Bidder No.5 Bidder No.6 Bidder No.7 Bidder No.8 BID TABULATION McNamara Contracting Sunram Construction,Inc. 1L Theis,Inc. dba Minnesota Paving& Pember Companies,Inc. Ramsey Companies Bituminous Roadways,Inc. Urban Companies Engineer Estimate Materials Section Title No. Item# Item Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Base Bid $405,044.00 $365,463.95 $390,780.00 $391,170.24 $424,770.08 $425,320.15 $437,797.10 $443,563.90 $462,389.50 1 2011.6 As Built LS 1 $ 3,500.00 $3,500.00 $2,500.00 $2,500.00 $4,100.00 $4,100.00 $3,000.00 $3,000.00 $2,047.51 $2,047.51 $2,200.00 $2,200.00 $5,000.00 $5,000.00 $2,328.00 $2,328.00 $2,500.00 $2,500.00 2 2021.5 Mobilization LS 1 $ 20,000.00 $20,000.00 $30,000.00 $30,000.00 $33,900.80 $33,900.80 $19,500.00 519,500.00 $42,801.65 $42,801.65 $32,550.00 $32,550.00 $40,000.00 $40,000.00 $27,900.00 $27,900.00 $18,000.00 $18,000.00 3 2104.5 Remove Drainage Structure Each 4 $ 800.00 $3,200.00 $600.00 $2,400.00 $735.00 $2,940.00 $500.00 $2,000.00 $758.34 $3,033.36 $540.00 $2,160.00 $700.00 $2,800.00 $774.00 $3,096.00 $2,000.00 $8,000.00 4 2104.5 Remove Sign Each 18 $ 40.00 $720.00 $31.50 $567.00 $35.00 $630.00 $45.00 $810.00 $32.50 $585.00 $32.00 $576.00 $30.00 $540.00 $33.00 $594.00 $40.00 $720.00 5 2104.5 Remove Curb and Gutter LF 1019 $ 8.00 $8,152.00 $5.00 $5,095.00 $15.00 $15,285.00 $8.00 $8,152.00 $8.63 $8,793.97 $5.30 $5,400.70 $2.00 $2,038.00 $7.00 $7,133.00 $10.00 $10,190.00 6 2104.5 Remove Sewer Pipe(Storm) FL 172 $ 15.00 $2,580.00 $14.00 $2,408.00 $15.75 $2,709.00 $8.00 $1,376.00 $16.25 $2,795.00 $17.00 $2,924.00 $15.00 $2,580.00 $16.50 $2,838.00 $18.00 $3,096.00 7 2104.5 Remove Bituminous Pavement SY 2534 $ 7.00 $17,738.00 $3.75 $9,502.50 $3.00 $7,602.00 $9.60 $24,326.40 $5.46 $13,835.64 $5.10 $12,923.40 $5.80 $14,697.20 $2.90 $7,348.60 $17.00 $43,078.00 8 2104.5 Remove Bituminous Driveway Pavement SY 141 $ 20.00 $2,820.00 $16.25 $2,291.25 $5.25 $740.25 $9.60 $1,353.60 $5.58 $786.78 $6.30 $888.30 $3.90 5549.90 $5.10 $719.10 $9.00 $1,269.00 9 2104.5 Remove Bituminous Walk SF 3474 $ 1.00 $3,474.00 $0.75 $2,605.50 $0.40 $1,389.60 $1.30 $4,516.20 $0.49 $1,702.26 $0.50 $1,737.00 $0.30 $1,042.20 $5.10 $17,717.40 $1.50 $5,211.00 10 2104.5 Remove Concrete Walk SF 1355 $ 3.00 $4,065.00 $1.10 $1,490.50 $1.50 $2,032.50 $2.00 $2,710.00 $0.61 $826.55 $1.55 $2,100.25 $0.40 $542.00 $2.40 $3,252.00 $1.50 $2,032.50 11 2105.5 Common Excavation(P) CY 900 $ 30.00 $27,000.00 $18.80 $16,920.00 $28.50 $25,650.00 $27.00 $24,300.00 $21.42 $19,278.00 $36.30 $32,670.00 $30.00 $27,000.00 $66.50 $59,850.00 $32.00 $28,800.00 12 2105.5 Subgrade Excavation CY 180 $ 20.00 $3,600.00 $15.60 $2,808.00 $28.50 $5,130.00 $17.00 $3,060.00 $26.46 $4,762.80 $32.00 $5,760.00 $21.00 $3,780.00 $26.00 $4,680.00 $32.00 $5,760.00 13 2105.5 Select Granular Borrow(CV) CY 180 $ 20.00 $3,600.00 $22.00 $3,960.00 $28.50 $5,130.00 $22.00 $3,960.00 $26.19 $4,714.20 $34.25 $6,165.00 $27.00 $4,860.00 $43.00 $7,740.00 $25.00 $4,500.00 14 2211.5 Aggregate Base(CV)Class 5(P) CY 672 $ 47.00 $31,584.00 $33.75 $22,680.00 $45.00 $30,240.00 $26.00 517,472.00 $36.81 $24,736.32 $62.50 $42,000.00 $53.00 $35,616.00 $33.00 $22,176.00 $35.00 $23,520.00 15 2301.6 Drill&Grout Dowel Bar(Epoxy Coated) Each 40 $ 15.00 $600.00 $10.00 $400.00 $12.00 $480.00 $12.00 $480.00 $14.08 $563.20 $11.00 $440.00 $13.00 $520.00 $14.50 $580.00 $30.00 $1,200.00 16 2360.5 Type SP 9.5 Wearing Course Mixture(3,B)3.0"Thick SY 348 $ 10.00 $3,480.00 $18.50 $6,438.00 $15.00 $5,220.00 $20.10 $6,994.80 $20.03 $6,970.44 $14.90 $5,185.20 $14.00 $4,872.00 $14.00 $4,872.00 $17.00 $5,916.00 17 2360.5 Type SP 9.5 Wearing Course Mixture(3,F)2.0"Thick SY 2790 $ 8.00 $22,320.00 $8.65 $24,133.50 $8.85 $24,691.50 $10.10 $28,179.00 $11.55 $32,224.50 $9.95 $27,760.50 $9.00 $25,110.00 $8.40 $23,436.00 $11.00 $30,690.00 18 2360.5 Type SP 9.5 Non Wearing Course Mixture(3,F)2.0"Thick SY 2790 $ 8.00 $22,320.00 $9.25 $25,807.50 $8.85 $24,691.50 $10.10 $28,179.00 $12.25 $34,177.50 $9.90 $27,621.00 $9.00 $25,110.00 $8.40 $23,436.00 $11.00 $30,690.00 19 2503.5 12'RC Pipe Sewer Des 3006 CLV LF 16 $ 50.00 $800.00 $54.00 $864.00 $47.25 $756.00 $90.00 $1,440.00 $48.75 $780.00 $71.25 $1,140.00 $45.00 $720.00 $49.50 $792.00 $140.00 $2,240.00 20 2503.5 15"RC Pipe Sewer Des 3006 CLV LF 167 $ 60.00 $10,020.00 $59.00 $9,853.00 $51.50 $8,600.50 $90.00 $15,030.00 $53.08 $8,864.36 $69.00 $11,523.00 $49.00 $8,183.00 $54.00 $9,018.00 $63.00 $10,521.00 21 2503.6 Connect to Existing Storm Sewer Each 2 $ 1,500.00 $3,000.00 $1,250.00 $2,500.00 $775.00 $1,550.00 $1,800.00 $3,600.00 $785.42 $1,570.84 $825.00 $1,650.00 $725.00 $1,450.00 $801.00 $1,602.00 $1,500.00 $3,000.00 22 2506.5 Construct Drainage Structure Des Special Each 4 $ 1,500.00 $6,000.00 $3,500.00 $14,000.00 $4,000.00 $16,000.00 $1,900.00 $7,600.00 $4,104.77 $16,419.08 $3,000.00 $12,000.00 $3,789.00 $15,156.00 $4,187.00 $16,748.00 $5,000.00 $20,000.00 23 2506.6 Connect to Existing Structure Each 2 $ 1,500.00 $3,000.00 $1,575.00 $3,150.00 $775.00 $1,550.00 $1,900.00 $3,800.00 $785.42 $1,570.84 $770.00 $1,540.00 $725.00 $1,450.00 $801.00 $1,602.00 $1,100.00 $2,200.00 24 2521.5 5"Concrete Walk SF 876 $ 7.00 $6,132.00 $9.00 $7,884.00 $7.75 $6,789.00 $8.00 $7,008.00 $7.58 $6,640.08 $7.40 $6,482.40 $8.00 $7,008.00 $8.30 $7,270.80 $10.00 $8,760.00 25 2521.5 6"Concrete Walk SF 679 $ 10.00 $6,790.00 $14.00 $9,506.00 $9.75 $6,620.25 $15.00 $10,185.00 $16.25 $11,033.75 $9.30 $6,314.70 $16.00 $10,864.00 $16.00 510,864.00 $15.00 $10,185.00 26 2531.5 Concrete Curb&Gutter Design B618 LF 1001 $ 25.00 $25,025.00 $16.60 $16,616.60 $17.60 $17,617.60 $26.40 $26,426.40 $35.75 $35,785.75 $16.75 $16,766.75 $33.00 $33,033.00 $22.50 $22,522.50 $24.00 $24,024.00 27 2531.5 7"Concrete Driveway Pavement SY 130 $ 80.00 $10,400.00 $116.75 $15,177.50 $91.00 $11,830.00 $90.00 $11,700.00 $97.50 $12,675.00 $77.00 $10,010.00 $100.00 $13,000.00 $124.00 $16,120.00 $115.00 $14,950.00 28 2531.6 Truncated Domes SF 146 $ 60.00 $8,760.00 $45.00 $6,570.00 $54.50 $7,957.00 $49.00 $7,154.00 $54.17 $7,908.82 $52.00 $7,592.00 $50.00 $7,300.00 $54.00 $7,884.00 $52.00 $7,592.00 29 2563.6 Traffic Control LS 1 $ 10,000.00 $10,000.00 $7,100.00 $7,100.00 $10,000.00 $10,000.00 $5,060.00 $5,060.00 $7,366.70 $7,366.70 $21,000.00 $21,000.00 $20,000.00 $20,000.00 $14,000.00 $14,000.00 $13,000.00 $13,000.00 30 2564.5 Sign Panels Type C SF 144 $ 60.00 $8,640.00 $63.00 $9,072.00 $63.00 $9,072.00 $75.00 510,800.00 $65.00 $9,360.00 $63.65 $9,165.60 $60.00 $8,640.00 $66.50 $9,576.00 $66.00 $9,504.00 31 2565.5 Emergency Vehicle Preemption System LS 1 $ 7,800.00 $7,800.00 $3,000.00 $3,000.00 $6,300.00 $6,300.00 $3,300.00 $3,300.00 $3,033.35 $3,033.35 $2,970.00 $2,970.00 $2,800.00 $2,800.00 $3,094.00 $3,094.00 $5,000.00 $5,000.00 32 2565.5 Traffic Control Signal System System 1 $ 87,000.00 $87,000.00 $70,550.00 $70,550.00 $70,900.00 $70,900.00 $75,120.00 $75,120.00 $73,125.37 $73,125.37 $71,600.00 $71,600.00 $90,000.00 $90,000.00 $74,592.00 $74,592.00 $76,000.00 $76,000.00 33 2573.5 Storm Drain Inlet Protection Each 12 $ 125.00 $1,500.00 $171.00 $2,052.00 $150.00 $1,800.00 $175.00 $2,100.00 $186.33 $2,235.96 $265.00 $3,180.00 $150.00 $1,800.00 $190.00 $2,280.00 $350.00 $4,200.00 34 2573.5 Sediment Control Log Type Compost LF 200 $ 5.00 $1,000.00 $3.85 $770.00 $4.00 $800.00 $7.00 $1,400.00 $6.50 $1,300.00 $6.90 $1,380.00 $6.00 $1,200.00 $6.60 $1,320.00 $7.00 $1,400.00 35 2574.5 Common Topsoil Borrow CY 242 $ 40.00 $9,680.00 $54.50 $13,189.00 $35.75 $8,651.50 $36.00 $8,712.00 $50.05 $12,112.10 $90.00 $21,780.00 $38.00 $9,196.00 $66.50 $16,093.00 $33.00 $7,986.00 36 2574.5 Fertilizer Type 3 LB 70 $ 1.00 $70.00 $0.80 $56.00 $2.00 $140.00 $1.00 $70.00 $0.96 $67.20 $1.05 $73.50 $0.89 $62.30 $1.00 $70.00 $3.00 $210.00 33 2575.5 Erosion Control Blankets Category 3N SY 632 $ 2.00 $1,264.00 $6.25 $3,950.00 $2.75 $1,738.00 $3.50 $2,212.00 $3.25 $2,054.00 $2.70 $1,706.40 $3.00 $1,896.00 $3.30 $2,085.60 $3.00 $1,896.00 34 2575.5 Seeding Acre 0 $ 600.00 $120.00 $1,000.00 $200.00 $15,000.00 $3,000.00 $1,600.00 $320.00 51,300.01 $260.00 $1,060.00 $212.00 $1,200.00 $240.00 $1,326.00 $265.20 $20,000.00 $4,000.00 35 2575.5 Seed Mixture 25-131 LB 40 $ 5.00 $200.00 $6.00 $240.00 $25.00 $1,000.00 $9.00 $360.00 $8.67 $346.80 $15.90 $636.00 $8.00 $320.00 $8.80 $352.00 $5.00 $200.00 36 2582.5 4"Broken Line Multi Comp(WR) LF 720 $ 2.00 $1,440.00 $0.75 $540.00 $0.32 $230.40 $0.43 $309.60 $0.32 $230.40 $0.30 $216.00 $0.70 $504.00 $0.35 $252.00 $1.00 $720.00 33 2582.5 4"DBLE Solid Line Multi Comp(WR) LF 2770 $ 4.00 $11,080.00 $1.15 $3,185.50 $0.63 $1,745.10 $0.86 $2,382.20 $0.65 $1,800.50 $0.65 $1,800.50 $1.10 $3,047.00 $0.65 51,800.50 $2.20 $6,094.00 34 2582.5 12"Solid Line Multi Comp LF 240 $ 5.00 $1,200.00 $4.75 $1,140.00 $5.75 $1,380.00 $7.67 $1,840.80 $5.85 $1,404.00 $5.75 $1,380.00 $4.50 $1,080.00 $6.00 $1,440.00 $4.90 $1,176.00 35 2582.5 24"Solid Line Multi Comp(WR) L 337 $ 10.00 $3,370.00 $6.80 $2,291.60 $6.50 $2,190.50 $8.52 $2,871.24 $6.50 $2,190.50 $6.35 $2,139.95 $6.50 $2,190.50 $6.60 $2,224.20 $7.00 $2,359.00 Base Bid Total: $405,044.00 $365,463.95 $390,780.00 $391,170.24 $424,770.08 $425,320.15 $437,797.10 $443,563.90 $462,389.50 OMG Midwest Inc. Contractor Engineer Estimate McNamara Contracting Sunram Construction,Inc. JL Theis,Inc. dba Minnesota Paving&Materials Pember Companies,Inc. Ramsey Companies Bituminous Roadways,Inc. Urban Companies Address 16700 Chippendale Avenue 20010 75th Ave.North 860 Quaker Ave,Ste 102 14475 Quiram Drive N4449 469th Street 8297 Brooklyn Blvd 1520 Commerce Drive 3781 Labore Road Address Rosemount,MN 55068 Corcoran,MN 55340 Jordan,MN 55352 Rogers,MN 55374 Menomonie,WI 54751 Minneapolis,MN 55445 Mendota Heights,MN 55120 St.Paul,MN 55110 Phone 651-322-5500 763-420-2140 952-492-3888 763-428-8886 715-235-0316 612-529-0077 651-686-7001 651-248-9830 Representative Mike McNamara Ryan Sunram Jamie Theis Ed Kieger Brent Pember Mike Koopman Jeff Zahn Greg Urban Title President Vice President Owner Project Manager President CFO CFO Owner Bid Bond 5% 5% 5% 5% 5% 5% 5% 5% DBE Commitment 15.6% 11.4% 58.0% 25.3% 13.9% CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2021-104, GREENLEAF ELEMENTARY GALAXIE PEDESTRIAN CROSSING WHEREAS,pursuant to an advertisement for bids for improvements identified as Project 2021-104, 2021 Greenleaf Elementary Galaxie Pedestrian Crossing,bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: (Tabulation attached as Exhibit A), and; WHEREAS, it appears McNamara Contracting, Inc., is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with McNamara Contracting, Inc., for its base bid in the amount of$365,463.95 for the completion of Project 2021-104, Greenleaf Elementary Galaxie Pedestrian Crossing according to the plans and specifications heretofore approved by the Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. ADOPTED this 22nd day of April, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Figure 1 i 7 it I 1 GREENLEAF 14' 12' 12' 14' _ 77: 4. ' ..... 7 ELEMENTARY h1 I l I iiiki ='-'• .,- di 111 OVERHEAD HAWK - 1 (iiiimir s, . . CONCRETE WALK PEDESTRIAN CURB RAMP - p 3/—W/ TRUNCATED DOMES (TYP.) MN :'I I i , BIT. TRAIL • A 13' 13' . 1/1.4511111 FM i 17 rI biagrar - - IL" RCP40 ill 1 I 6' WIDE (F-F) "":11411.1144r CONCRETE MEDIAN r. _ - II i 4 '.:t. 1 1 1 ..-316 illeo, .A . B618 CONCRETE E NEW CB/MH (TYP.) CURB & GUTTER (TYP.) • a - a ai 0 I II rr . i e r!�i u MOT I $ I 10 t a � o N T IN 13' 13' 113 13' E allP 1. At:-:;' .. M ` y AID c 30 0 30 60 REMOVE EXIST pi -I Im 4rE PED. CURB RAMPS I scale 15 feet a f r! a FILE NO. GALAXIE AVENUE Q PHONE: 651 490 2000 142614 OPTION 3535 VADNAIS CENTER DR. HAWK WITH MEDIAN i ST. PAUL, MN 55110-5196 DATE: APPLE VALLEY, MINNESOTA B S EH www sehinc com 11/15/2017 HAWK High Intensity Activated Crosswalk WHAT IS A HAWK? - ,`"- `' CROSSWALK A High-Intensity Activated Crosswalk(HAWK)signal is a traffic control device designed to ry S help pedestrians cross a mid-block crosswalk.The HAWK signal is only activated when a - UN RED ` pedestrian is going to cross the street,which helps maintain constant traffic flow when . not in use. HAWK signals reduce pedestrian collisions at crosswalks by up to 69 percent. ` ' J rq The HAWK signal also features ADA accessibility equipment,such as an audible tone and --_ �_ �� ; vibrating arrow button to help visually impaired individuals locate the push button. ;iv0.— DRIVERS - Instructions for drivers on how to use the HAWK Signal ME U. ME .. Ar Et%...J o DRIVE SLOW DOWN PREPARE TO STOP STOP STOP FIRST Drive when signal is DARK. FLASHING YELLOW signal is the Reduce speed and be prepared The SOLID DOUBLE RED signal The alternating FLASHING DOUBLE RED Always be alert for pedestrians. same as a traffic warning flasher. to stop when the signal is SOLID indicates drivers are required to signal indicates drivers should STOP,the Signal indicates a pedestrian is YELLOW.Same as a traffic signal STOP and remain stopped.Same same as a stop sign.Then proceed if there going to cross the street. before it turns red. as a traffic signal red light. are no pedestrians present. PEDESTRIANS - Instructions for pedestrians on how to use the HAWK Signal when crossing PUSH BUTTON FOR Cil all Iril 1111 PUSH THE BUTTON START CROSSING FINISH CROSSING STOP + WAIT Push the button to activate the HAWK Make sure all vehicles have seen you and The Countdown timer will alert you how Do NOT cross while STOP HAND signal is on. signal.Wait for the WALK signal to appear. are stopped.Start crossing,always be alert much time remains to complete crossing. of traffic. QUESTIONS? ..... .... • Please contact Engineering Division at Brandon.anderson@applevalleymn.gov or Apple.. Fle Valley •••• ITEM: 4.0. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Awarding Agreement for Project 2021-114, 146th Street Court Sanitary Sewer Improvements Staff Contact: Department/ Division: Brandon Anderson, City Engineer Engineering Division ACTION REQUESTED: Adopt resolution awarding agreement for Project 2021-114, 146th Street Court Sanitary Sewer Improvements, to Insituform Technologies USA, LLC, in the amount $206,244.10. SUMMARY: On March 30, 2021, two (2) bids were received for Project 2021-114, 146th Street Court Sanitary Sewer Improvements project as described within the attached bid tabulation. Base Bids ranged from $160,533.80 to $161,701.00. Insituform Technologies USA, LLC submitted the low bid in the amount of $160,533.80. The low bid was $11,978.80 over the Engineers estimate of$148,555.00. One (1) Bid Alternate item was included in the bid, which was for additional lining of a sanitary sewer on the Pennock Retail Property at the SE corner of Pennock Avenue and County Road 42. The City and Developer will execute a cost share agreement along with the dedication of a public utility easement for the existing 21" RCP sanitary sewer that traverses the site. Bid Alternate No. 1 was submitted in the amount of $45,710.30. Bid Alternate No. 1 is recommended for inclusion of award at this time contingent on execution of a cost share agreement. The contract award amount including Alternate Bid No. 1 is $206,244.10. A standard City agreement will be utilized for this project. BACKGROUND: On February 25, 2021, City Council adopted Resolution 2021-27, approving plans and specifications and directing receipt of sealed bids for Project 2021-114, 146th Street Court Sanitary Sewer Improvements. On December 10, 2020, City Council adopted Resolution Number 2020-163, directing the preparation of plans and specifications for Project 2021-114, 146th Street Court Sanitary Sewer Improvements. BUDGET IMPACT: Project costs and funding included in the adopted 2021 operating budget are summarized as follows: Estimated Project Costs: Budgeted Costs: Awarded Costs Construction Cost $148,555.00 $206,244.10 Construction Contingency (5%) 36,445.00 25,000.00 Engineering, Contract Admin, Inspection, 15,000.00 15,000.00 Testing, Survey Total Estimated Cost $ 200,000.00 $ 246,244.10 Estimated Project Funding Sanitary Sewer Utility $ 200,000.00 $ 218,435.10 Private Cost Share Agreement 27,809.00 Total Estimated Funding $ 200,000.00 $ 246,244.10 ATTACHMENTS: Map Resolution Bid / Quote Tabulation BID ALTERNATE 1 146TH ST CT SANITARY SEWER LINING ea ir U 150TH ST W(CO. 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Rd 46) 0 1500 3000 SCALE FEET 2021-114 146TH ST CT SANITARY SEWER LINING AND BID ALT 1 •••• •••• ••• • City of Apple Valley Apple II Figure 1- ADDENDUM 2 Valley CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2021-114, 146th STREET COURT SANITARY SEWER IMPROVEMENTS WHEREAS,pursuant to an advertisement for bids for improvements identified as Project 2021-114, 146th Street Court Sanitary Sewer Improvements,bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: (Tabulation attached as Exhibit A), and; WHEREAS, it appears Insituform Technologies USA, LLC is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Insituform Technologies, USA, LLC, for its base bid plus alternate bid number 1 in the amount of$206,244.10 for the completion of Project 2021-114, 146th Street Court Sanitary Sewer Improvements according to the plans and specifications heretofore approved by the Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. ADOPTED this 22nd day of April, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk ••• •;•• Project Name: 2021-114, 146th Street Court Sanitary Sewer Improvements 1 hereby certify that this is an exact reproduction of City Project No.: 2021-114 bids received. Apple II Valley Bid Opening: Tuesday, March 30, 2021, at 12:00 pm CST-electronic Owner: City of Apple Valley Brandon Anderson, P.E. Registration No. 43332 Bidder No. 1 Bidder No. 2 BID TABULATION Insituform Technologies USA BLD Services LLC Engineer Estimate Section Titl No. Item Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Base Bid 1 MOBILIZATION LS 1 $ 6,600.00 $6,600.00 $33,778.90 $33,778.90 $30,000.00 $30,000.00 2 LINING SEWER PIPE 8" VCP (BYPASS PUMPING IS INCIDENTAL) LF 908 $ 26.00 $23,608.00 $33.20 $30,145.60 $38.00 $34,504.00 3 LINING SEWER PIPE 9"VCP (BYPASS PUMPING IS INCIDENTAL) LF 661 $ 27.00 $17,847.00 $32.10 $21,218.10 $37.00 $24,457.00 4 LINING SEWER LATERALS, 3' EA 28 $ 2,750.00 $77,000.00 $2,604.20 $72,917.60 $2,500.00 $70,000.00 5 ADDITIONAL FOOTAGE FOR LINING SEWER LATERALS BEYOND 3' LF 56 $ 350.00 $19,600.00 $15.60 $873.60 $15.00 $840.00 6 TRAFFIC CONTROL LS 1 $ 3,900.00 $3,900.00 $1,600.00 $1,600.00 $1,900.00 $1,900.00 Base Bid Total: $148,555.00 $160,533.80 $161,701.00 Alternate Bid No. 1 7 MOBILIZATION LS 1 $ 5,000.00 $5,000.00 $3,523.20 $3,523.20 $2,500.00 $2,500.00 8 LINING SEWER PIPE 21" RCP LF 250 $ 125.00 $31,250.00 $110.50 $27,625.00 $133.00 $33,250.00 9 LINING SEWER LATERALS, 10' EA 1 $ 4,200.00 $4,200.00 $9,469.50 $9,469.50 $8,000.00 $8,000.00 10 TRAFFIC CONTROL LS 1 $ 6,000.00 $6,000.00 $2,121.90 $2,121.90 $2,550.00 $2,550.00 11 BYPASS PUMPIMG LS 1 $ 62,000.00 $62,000.00 $2,970.70 $2,970.70 $3,500.00 $3,500.00 Alternative Bid No. 1 Total: $108,450.00 $45,710.30 $49,800.00 Base Bid+Alternative Bid Total: $257,005.00 $206,244.10 $211,501.00 Contractor Engineer Estimate Intituform Technologies USA BLD Services LLC Address 580 Goddard Avenue 2424 Tyler Street Address Chesterfield, MO 63005 Kenner, LA 70062 Phone 651-253-0236 904-502-2015 Representative Jana Lause Jacob Trapani Title Contracting&Attesting Oficer Vice President Bid Bond 5% 5% •••• ITEM: 4.P. ..... ...• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Awarding Agreement for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts Staff Contact: Department/ Division: Brandon Anderson, City Engineer Engineering Division ACTION REQUESTED: Adopt resolution awarding agreement for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts, to McNamara Contracting, Inc., in the amount of$696,309.30. SUMMARY: On March 23, 2021, seven (7) bids were received for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts project as described within the attached bid tabulation. Base Bids ranged from$696,309.30 to $990,360.00. McNamara Contracting, Inc., submitted the low bid in the amount of $696,309.30. The low bid was $274,693.95 under the Engineers estimate of$971,003.25. A standard City agreement will be utilized for this project. BACKGROUND: On March 11, 2021, City Council approved a Joint Powers Agreement with ISD 196 to bid the joint pickleball/tennis court project with the City taking the lead on the project. On February 25, 2021, City Council adopted Resolution 2021-27, approving plans and specifications and directing receipt of sealed bids for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts. BUDGET IMPACT: All costs for the tennis courts on the ISD property will be paid for from ISD 196. Project costs and funding are summarized as follows: Estimated Project Costs: Budgeted Costs Awarded City of Apple ISD 196 Costs Valley Share Share Bid $ 990,000.00 $ 696,309.30 $ 254,331.40 $ 441,977.90 Contingency 99,000.00 130,668.60 262,002.10 City Engineering/Testing 65,000.00 65,000.00 ISD 196 Engineering By District Testing Total Estimated Cost $ 1,154,000.00 $ 696,309.30 $ 450,000.00 $ 704,000.00 Estimated Project Funding Future Capital Project Fund $ 250,000.00 Park Dedication Fund $ 200,000.00 ISD 196 $ 704,000.00 Total Estimated Funding $ 450,000.00 $ 704,000.00 ATTACHMENTS: Map Resolution Bid /Quote Tabulation A I 0 1500 3000 ,/� �. _�d�j� �') HORZ. . 6.412 %►� ■r`\`1 �O1n11 V SCALE FEET ♦ 1. •►. 1 ..... �\��0_ „4***"1-.10:71 awArtal, 0 ° 0 i1► 'r 1 II♦♦i- / 1 *1 ,7�1�10 i y♦A ln■■uoI . __ / i1♦ 9 1�■���i/D/mot Ip.,. �i TOO :tea am 1 ♦ ■..��I 1 ! p•►riilov•��d 'I.h, ♦o •�a1►11 I lln ....�.� ;... ,i•►ow - - —•- O�1'�a '9►ti��e.,e r �l► SIP°� : e;I LV 7.17.I 1 � — nnD��OI� �9�=�'iA1. a.♦. mrr Illh �i.0v 0� �A ;. p11►I v/inn I•:;nao ► .i ` :_ �� .A . tint" ,,,` p •.me . �.• °�/A McAndrews Rd �••/. �.a.• �� ;'�.�. iiii, CI■ epr. 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City of Apple Valley Apple 2021-116 Valley CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2021-116, JOHNNY CAKE RIDGE PARK WEST PICKLE BALL COURTS/EASTVIEW HIGH SCHOOL TENNIS COURTS WHEREAS,pursuant to an advertisement for bids for improvements identified as Project 2021-116, 2021 Johnny Cake Ridge Park West Pickle Ball Courts/Eastview High School Tennis Courts,bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: (Tabulation attached as Exhibit A), and; WHEREAS, it appears McNamara Contracting, Inc., is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with McNamara Contracting, Inc., for its base bid in the amount of$696,309.30 for the completion of Project 2021-116, Johnny Cake Ridge Park West Pickle Ball Courts/Eastview High School Tennis Courts according to the plans and specifications heretofore approved by the Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. ADOPTED this 22nd day of April, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk ...:❖... �� Project Name: Johnny Cake Ridge Park West Pickball Courts-Eastview High School Tennis Courts I hereby certify that this is an exac ad lion of City Project No.: 2021-116 bids received. 1 Apple„ Bid Opening: Tuesday,March 23,2021,at 10:00 a.m.CST-electronic Owner: City of Apple Valley ` Brandon Anderson,P.E. %I Registration No.43332 ..::t Bidder No.3 Bidder No.7 BID TABULATION Bidder No.1 Bidder No.2 OMG Midwest,Inc. Bidder No.4 Bidder No.5 Bidder No.6 Northwest McNamara Contracting Max Steininger,Inc. dba Minnesota Paving&Material Sunram Construction Bituminous Roadways,Inc. Integral Contracting REJECTED Engineer Estimate Section Titl No. Item Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Base Bid PART 1-MILL AND OVERLAY $971,003.25 $696,309.30 $798,322.74 $819,339.42 $836,933.00 $839,920.10 $990,360.00 $730,710.95 1 MOBILIZATION LS 1 $ 17,000.00 $17,000.00 $10,200.00 $10,200.00 $52,500.00 $52,500.00 $41,196.18 $41,196.18 $55,100.55 $55,100.55 $15,500.00 $15,500.00 $102,000.00 $102,000.00 $9,000.00 $9,000.00 2 REMOVE BITUMINOUS PAVEMENT SY 9873 $ 5.00 $49,365.00 $1.80 $17,771.40 $2.89 $28,532.97 $3.02 $29,816.46 $2.35 $23,201.55 $1.70 $16,784.10 $9.02 $89,054.46 $2.45 $24,188.85 REMOVAL OF INTERNAL CHAN LINK FENCE AND POST FOOTINGS AT 3 COURTS(TO INCLUDE FOOTINGS FOR NET POSTS) LF 951 $ 30.00 $28,530.00 $6.25 $5,943.75 $5.11 $4,859.61 $1.01 $960.51 $3.50 $3,328.50 $7.00 $6,657.00 $0.75 $713.25 $7.00 $6,657.00 REMOVE AND SALVAGE 10'CHAIN LINK FENCE MESH AND BOTTOM 4 RAIL(PERIMETER FENCE) LF 600 $ 13.00 $7,800.00 $3.45 $2,070.00 $5.10 $3,060.00 $3.32 $1,992.00 $3.50 $2,100.00 $4.50 $2,700.00 $3.60 $2,160.00 $3.45 $2,070.00 5 MOVE STORAGE BUILDING/REPLACE STORAGE BUILDING EA 1 $ 4,000.00 $4,000.00 $1,300.00 $1,300.00 $2,253.06 $2,253.06 $1,809.76 $1,809.76 $1,525.00 $1,525.00 $2,900.00 $2,900.00 $4,927.50 $4,927.50 $1,000.00 $1,000.00 6 REMOVE CURB AND GUTTER LF 40 $ 9.00 $360.00 $18.55 $742.00 $12.46 $498.40 $16.11 $644.40 $15.00 $600.00 $35.00 $1,400.00 $9.68 $387.20 $10.00 $400.00 7 REMOVE CONCRETE WALK SF 172 $ 5.00 $860.00 $1.65 $283.80 $2.13 $366.36 $5.62 $966.64 $4.00 $688.00 $2.00 $344.00 $9.68 $1,664.96 $1.00 $172.00 8 REMOVE CASTING EA 2 $ 250.00 $500.00 $100.00 $200.00 $185.64 $371.28 $224.57 $449.14 $350.00 $700.00 $70.00 $140.00 $380.50 $761.00 $100.00 $200.00 9 COMMON EXCAVATION CY 6504 $ 16.50 $107,316.00 $15.10 $98,210.40 $17.46 $113,559.84 $23.89 $155,380.56 $13.25 $86,178.00 $19.50 $126,828.00 $10.23 $66,535.92 $12.50 $81,300.00 10 SELECT GRANULAR BORROW FOR COURT(12") TN 6731 $ 13.00 $87,503.00 $8.65 $58,223.15 $11.08 $74,579.48 $9.99 $67,242.69 $15.75 $106,013.25 $16.00 $107,696.00 $10.11 $68,050.41 $9.00 $60,579.00 11 AGGREGATE BASE CLASS 5 FOR TRAIL,COURT(12") TN 6731 $ 14.50 $97,599.50 $14.75 $99,282.25 $11.87 $79,896.97 $14.77 $99,416.87 $19.00 $127,889.00 $16.00 $107,696.00 $19.57 5131,725.67 $15.75 $106,013.25 12 4"DRAINTILE INCL CONNECTION TO STRUCTURE LF 245 $ 5.00 $1,225.00 $3.00 $735.00 $21.35 $5,230.75 $30.39 $7,445.55 $18.50 $4,532.50 $20.00 $4,900.00 $15.80 $3,871.00 $18.00 $4,410.00 13 TYPE SPWEA33OB WEAR FOR COURT 2.5" TN 1300 $ 90.00 $117,000.00 $58.00 $75,400.00 $68.36 $88,868.00 $67.78 $88,114.00 $66.15 $85,995.00 $61.00 $79,300.00 $80.46 $104,598.00 $67.75 $88,075.00 14 TYPE SPWEA33OC WEAR FOR COURT 2.5" TN 1300 $ 90.00 $117,000.00 $66.00 $85,800.00 $76.05 $98,865.00 $76.47 $99,411.00 $75.60 $98,280.00 $84.00 $109,200.00 $94.80 $123,240.00 $80.05 $104,065.00 15 BITUMINOUS MATERIAL FOR TACK COAT GL 487 $ 2.00 $974.00 $3.00 $1,461.00 $3.76 $1,831.12 $1.62 $788.94 $1.70 $827.90 $4.00 $1,948.00 $3.10 51,509.70 $4.00 $1,948.00 16 R-3067-C CSTG AND HDPE ADJ RINGS EA 2 $ 825.00 $1,650.00 $580.00 $1,160.00 $728.59 $1,457.18 $566.84 $1,133.68 $750.00 $1,500.00 $900.00 $1,800.00 $109.50 $219.00 $1,000.00 $2,000.00 17 CONDUIT 2"(LIGHTING) LF 620 $ 7.50 $4,650.00 $7.20 $4,464.00 $9.62 $5,964.40 $9.12 $5,654.40 $10.00 $6,200.00 $8.00 $4,960.00 $9.86 $6,113.20 $10.00 $6,200.00 18 HANDHOLE EA 5 $ 620.00 $3,100.00 $1,110.00 $5,550.00 $1,015.56 $5,077.80 $962.22 $4,811.10 $1,000.00 $5,000.00 $250.00 $1,250.00 $1,040.20 $5,201.00 $1,000.00 $5,000.00 19 CONCRETE CURB AND GUTTER B618 LF 120 $ 32.00 $3,840.00 $30.15 $3,618.00 $36.79 $4,414.80 $32.82 $3,938.40 $34.00 $4,080.00 $26.35 $3,162.00 $49.28 $5,913.60 $34.55 $4,146.00 20 5"CONCRETE SIDEWALK SF 1410 $ 7.25 $10,222.50 $6.50 $9,165.00 $6.59 $9,291.90 $5.88 $8,290.80 $6.10 $8,601.00 $7.00 $9,870.00 $16.42 $23,152.20 $6.60 $9,306.09 21 5"CONCRETE PAD(PAVILION) SF 1140 $ 7.25 $8,265.00 $7.55 $8,607.00 $6.59 $7,512.60 $5.88 $6,703.20 $6.10 $6,954.00 $7.00 $7,980.00 $8.76 $9,986.40 $6.60 $7,524.00 22 INSTALL CONCRETE MAINTENANCE CURB SF 1174 $ 5.00 $5,870.00 $15.40 $18,079.60 $11.47 $13,465.78 $10.23 $12,010.02 $10.60 $12,444.40 $18.00 $21,132.00 $16.42 $19,277.08 $11.15 $13,090.10 23 INSTALL 10'CHAIN LINK FENCE AND GATES(INTERNAL) LF 760 $ 120.00 $91,200.00 $74.25 $56,430.00 $79.00 $60,040.00 $71.64 $54,446.40 $74.25 $56,430.00 $80.00 $60,800.00 $77.44 $58,854.40 $74.25 $56,430.00 24 10'CHAIN LINK FENCE AND GATES(PERIMETER) LF 108 $ 120.00 $12,960.00 I $53.50 $5,778.00 $56.73 $6,126.84 $51.44 $5,555.52 $53.30 $5,756.40 $57.00 $6,156.00 $55.60 $6,004.80 $53.35 $5,761.80 25 INSTALL 4'CHAIN LINK FENCE LF 308 $ 75.00 $23,100.00 $33.00 $10,164.00 $35.02 $10,786.16 $31.76 $9,782.08 $32.90 $10,133.20 $35.50 $10,934.00 $34.33 $10,573.64 $33.00 $10,164.00 26 REINSTALL OF 10'CHAIN LINK FENCE AND BOTTOM RAIL LF 600 $ 110.00 $66,000.00 $10.40 $6,240.00 $11.06 $6,636.00 $10.03 $6,018.00 $10.40 $6,240.00 $12.00 $7,200.00 $10.84 $6,504.00 $10.40 $6,240.00 27 PED RAMP SF 100 $ 17.00 $1,700.00 $15.00 $1,500.00 $10.56 $1,056.00 $9.42 $942.00 $9.75 $975.00 $6.45 $645.00 $21.90 $2,190.00 $10.30 $1,030.00 28 TRUNCATED DOMES SF 16 $ 50.00 $800.00 $45.00 $720.00 $45.42 $726.72 $40.52 $648.32 $42.00 $672.00 $80.00 $1,280.00 $136.88 $2,190.08 $42.00 $672.00 29 6'CHAIN LINK FENCE,BLACK CLAD PVC (COURT DIVIDERS) LF 176 $ 53.00 $9,328.00 $57.40 $10,102.40 $61.05 $10,744.80 $55.36 $9,743.36 $57.40 $10,102.40 $61.00 $10,736.00 $59.84 $10,531.84 $57.40 $10,102.40 PICKLEBALL POSTS(WITH 1 NET PER SET OF TWO POSTS)WI 30 FOOTINGS(PVC SLEEVES) EA 16 $ 1,000.00 $16,000.00 $918.75 $14,700.00 $935.39 $14,966.24 $886.40 $14,182.40 $1,000.00 $16,000.00 $1,000.00 $16,000.00 $958.12 $15,329.92 $915.00 $14,640.00 31 TENNIS POSTS WITH FOOTINGS(TO INCLUDE CENTER ANCHOR) EA 16 $ 1,100.00 $17,600.00 $918.75 $14,700.00 $935.39 $14,966.24 $886.40 $14,182.40 $1,160.00 $18,560.00 $1,000.00 $16,000.00 $958.12 $15,329.92 $915.00 $14,640.00 32 DRILLED PIER FOOTING&ANCHOR BOLTS EA 6 $ 345.00 $2,070.00 $2,100.00 $12,600.00 $2,140.17 $12,841.02 $2,028.07 $12,168.42 $1,300.00 $7,800.00 $2,300.00 $13,800.00 $4,656.00 $27,936.00 $2,100.00 $12,600.00 33 INLET PROTECTION EA 4 $ 190.00 $760.00 $53.00 $212.00 $236.46 $945.84 $101.30 $405.20 $150.00 $600.00 $300.00 $1,200.00 $878.75 $3,515.00 $150.00 $600.00 34 ACRYLIC COURT PAINTING AND STRIPING LS 1 $ 50,000.00 $50,000.00 $52,920.00 $52,920.00 $53,878.30 $53,878.30 $51,056.40 $51,056.40 $57,630.00 $57,630.00 $56,000.00 $56,000.00 $55,188.00 $55,188.00 $52,900.00 $52,900.00 35 TRAFFIC CONTROL LS 1 $ 700.00 $700.00 $390.00 $390.00 $534.51 $534.51 $506.51 $506.51 $1,500.00 $1,500.00 $2,000.00 $2,000.00 $3,503.86 $3,503.86 $6,000.00 $6,000.00 36 SAW AND SEAL BITUMINOUS SURFACE LF 1511 $ 2.75 $4,155.25 $1.05 $1,586.55 $1.07 $1.616.77 $1.01 $1,526.11 $1.85 $2,795.35 $2.00 $3..022.00 $1.09 $1,646.99 $1.05 51,586.55 Base Bid Total: $971,003.25 $696,309.30 $798,322.74 5819,339.42 $836,933.00 $839,920.10 5990.360.00 $730,710.95 OMG Midwest dba Minnesota Contractor Engineer Estimate McNamara Contracting Max Steininger,Inc. Paving&Materials Sunram Construction,Inc. Bituminous Roadways,Inc. Integral Contracting Northwest Address 16700 Chippendale Avenue 3080 Lexington Ave S. 14475 Quiram Drive 20010 75th Ave.North 1520 Commerce Drive 601 Lewis Ave N 1451 Stagecoach Road Address Rosemount,MN 55068 Eagan,MN 55121 Rogers,MN 55374 Corcoran,MN 55340 Mendota Heights,MN 55120 Watertown,MN 55388 Shakopee,MN 55379 Phone 651-322-5500 651-454-6620 763-428-8886 763-420-2140 651-686-7001 952-529-0777 952-445-1003 Representative Mike McNamara Gregg Koening Mark Butler Ryan Sunram Pam Hague Michael Bunn Kent Skonseng Title President Controller Project Manager Vice President Secretary CEO Corporate Secretary Bid Bond 5% 5% 5% 5% 5% 5% 5% •••• ITEM: 4.Q. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Approve Joint Powers Agreement with Dakota County for 2021 Sentence to Service (STS) Program Work Crews Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Approve Joint Powers Agreement with Dakota County for 2021 Sentence to Service (STS) Program Work Crews. SUMMARY: Staff is seeking authorization to enter into a Joint Powers Agreement with Dakota County for Sentence to Service Program Work Crews. The term of the Agreement shall be the 2021 calendar year and cost shall not exceed $27,417.00. BACKGROUND: In the past, the Dakota County STS crews have provided a valuable staffing resource in aiding maintenance division goals in both parks and streets. Typical assignments have been litter collection along city streets, clean-up after Freedom Days events, hockey rink and shelter painting, fall tree wrapping and mulching, cleaning around storm ponds, etc. The cost of this program for 2021 will be $481.00 per day and not to exceed $27,417.00. The cost is split between the Parks and Street Maintenance Divisions. The contract guarantees up to 57 crew days with a supervisor and an average crew of seven. This has been an effective portion of maintenance operations. BUDGET IMPACT: Funding has been designated within the 2021 budget, in both the Parks Maintenance and Street Maintenance divisions, to support this project. ATTACHMENTS: Agreement JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF APPLE VALLEY FOR SENTENCE TO SERVICE PROGRAM WORK CREWS AGREEMENT PERIOD: 1/1/2021 —12/31/2021 This Agreement is between County of Dakota, through its Community Corrections Department, hereinafter "County" and the City of Apple Valley, 7100 West 147t'' Street, Apple Valley, MN 55124, hereinafter "City." This Agreement uses the word "parties"for both County and City. WHEREAS,the County and the City are governmental units as that term is defined in Minn. Stat. §471.59; and WHEREAS, under Minn. Stat. §471.59, subd.1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS,the City desires the services of the Sentence to Service Program work crews; and WHEREAS, the County operates a Sentence to Service Program by providing work crews referred through the Community Corrections Department plus a supervisor to perform unskilled labor; and WHEREAS, The City will pay the County a total amount of$27,417.00 at a rate of$481.00 per day for fifty-seven (57)work crew days pursuant to the terms of this Agreement; and WHEREAS, the Dakota County Board of Commissioners authorized the County to enter into an agreement with the City for Sentence to Service work crews. Now,THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. GENERAL PROVISIONS. 1.1 Purpose. The purpose of this Agreement is to define the rights and obligations of the County and the City with respect to Sentence to Service ("STS")work crews. 1.2 Cooperation. The County and the City shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. City and County liaisons will meet at least twice annually and more frequently if necessary to discuss issues related to the STS program. 1.3 Term. This Agreement is effective and enforceable on January 1, 2021 ("Effective Date") and expires on December 31, 2021 or the date on which all Services have been satisfactorily performed and final payment is made,whichever occurs first. 1.4 Definitions. a) Work Crew. A work crew shall consist of a Crew leader and a crew of five to ten workers, who are jail inmates or community members, screened by Community Corrections. The Crew leader, an employee of General Security Services Corporation (GSSC), shall oversee and be in charge of the work crew. b) Work Crew Days. An STS work crew day shall consist of seven hours, less a thirty minute lunch break, between the hours of 8:00 am and 3:00 pm. A work crew may be discharged earlier at the discretion of the City supervisor. 2. CITY'S RIGHTS AND OBLIGATIONS. 2.1 General Description. City will purchase 57 STS work crew days. The specific days to be worked and the work to be performed shall be determined at least thirty calendar days in advance of the work by the City and the County. 2.2 Total Cost. The total amount to be paid by the City pursuant to this Agreement shall not exceed $27,417.00. The County will invoice the City for actual crew days worked up to 57 days at a cost of $481.00 per day. The City City of Apple Valley Custom agrees to pay the County$13,708.50 no later than May 31, 2021, and shall pay the remaining$13,708.50 no later than October 1, 2021. 2.3 Work Proiects. The City will provide work projects requiring unskilled labor such as light construction or landscaping, and any specialized equipment needed for the work. Each work project will be reduced to writing and provided to the Crew leader before work commences. A work project will be concluded when a City representative and the Crew leader approve in writing that work has been satisfactorily completed. 2.4 Crew. Work crew members, including the GSSC work crew leader, are not employees of the City or the County. 3. COUNTY'S RIGHTS AND OBLIGATIONS. 3.1 General Description. The County will: • Provide STS work crews for the City pursuant to this Agreement. • Designate a person as the County's representative with respect to the performance of services for the City under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the County's policies and decisions with respect to services covered by this Agreement. 3.2 Payment. The County will submit invoices to the City for payment by the City. 3.3 Work Proiects. The County, through its Contractor, General Security Services Corporation, shall equip work crews with hand tools. 3.4 Other Work. The County may, at its discretion, offer the City the opportunity to use more than 40 crew days per year without additional cost to the City if additional days are available. 4. LIABLE FOR OWN ACTS. 4.1 Each party to this Agreement shall be liable for the acts of its own officers, employees and agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of another party, its officers, employees and/or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from a party's acts or omissions. It is further understood and agreed that Minn. Stat. §3.739 solely governs claims for injury or death of work crew members. 4.2 Any and all work crew members engaged in the aforesaid work to be performed by the County shall not be considered employees of the City for any purpose including, but not limited to, application of the Workers' Compensation laws. Any and all claims that may or might arise under the Workers' Compensation Act of this City on behalf of the work crew members while engaged on any of the work contemplated herein shall not the obligation or responsibility of City but shall be determined as provided in Minnesota Statute § 3.739. The County shall not be responsible under the Workers' Compensation Act for any employees of the City. 5. FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism,war,fire, flood, epidemic, acts of civil or military authority, and natural disasters. 6. TERMINATION. 6.1 Termination Without Cause. Either party may terminate this Agreement without cause by providing 30 days' Notice of Termination to the other party. 6.2 Termination for Cause or Material Breach. Either party may terminate this Agreement for cause by providing 7 calendar days' Notice of Termination to the other party, unless a different procedure or effective date is stated within the specific section of this Agreement under which the default occurs. In addition to other specifically City of Apple Valley Custom stated provisions of this Agreement or as otherwise stated in law, events or circumstances constituting default and giving rise to the right to terminate for cause, unless waived, include but are not limited to: A. Making material misrepresentations either in the attached exhibits or in any other material provision or condition relied upon in the making of this Agreement. B. Failure to perform services or provide payment within the time specified in this Agreement. C. Failure to perform any other material provision of this Agreement. D. Failure to diligently and timely perform services so as to endanger performance of the provisions of this Agreement. 6.3 Termination by County — Lack of Funding. The County may immediately terminate this Agreement for lack of funding. A lack of funding occurs when funds appropriated for this Contract as of the Effective Date from a non- County source are unavailable or are not appropriated by the County Board. The County has sole discretion to determine if there is a lack of funding. The County is not obligated to pay for any services that are performed after providing Notice of Termination for lack of funding. The County is not subject to any penalty or damages for termination due to lack of funding. No Notice of Default is required to terminate under this section. 6.4 Notice of Termination. The Notice of Termination must state the intent to terminate the Agreement and specify the events or circumstances and relevant Agreement provision warranting termination of the Agreement and whether the termination is for cause. 6.5 Duties of Parties Upon Termination. Upon either party providing the Notice of Termination, and except as otherwise stated,the parties shall: A. Discontinue performance under this Agreement on the date and to the extent specified in the Notice of Termination. B. Complete performance of any work that is not discontinued by the Notice of Termination. C. Cooperate with each other regarding transition of services. D. Cancel all orders and subcontracts to the extent that they relate to the performance of this Agreement. E. Return all County property in County within 7 calendar days after the date of Notice of Termination to the extent that it relates to the performance of this Agreement that is discontinued by the Notice of Termination. F. Submit an invoice for services satisfactorily performed prior to the effective date of termination within 35 calendar days of said date. G. Maintain all records relating to the performance of the Agreement as may be directed by the Notice of Termination or required by law or this Agreement. H. Make final payment in accordance with this Agreement for Services satisfactorily performed. 6.6 Effect of Termination for Cause or without Cause. A. Termination of this Agreement does not discharge any liability, responsibility, or right of any party that arises from the performance of, or failure to adequately perform the provisions of this Agreement prior to the effective date of termination. Termination shall not disclose any obligation which, by its nature, would survive after the date of termination. B. The County shall not be liable for any services performed after Notice of Termination, except as stated above or as authorized by the County in writing. 7. DAMAGES. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 8. REPRESENTATIVE. Liaison. The Liaison, or his or her successor, has the authority to assist the parties in the day-to-day performance of this Agreement, ensure compliance, and provide ongoing consultation related to the performance of this Agreement. The parties shall promptly provide Notice to each other when a Liaison's successor is appointed. The Liaison's successor shall thereafter be the Liaison for purposes of this Agreement. City of Apple Valley Custom City Liaison: County Liaison: Mike Endres Leanne Walter Parks Superintendent Community Corrections Supervisor 7100 West 147th Street Phone Number: 651-438-8336 Apple Valley, MN 55124 Phone Number:952-953-2300 9. AMENDMENTS. Any amendments to this Agreement are only valid when reduced to writing, specifically identified as an amendment, and signed by both parties'Authorized Representative. 10. COMPLIANCE WITH LAWS/STANDARDS. 10.1 General. City shall abide by all Federal, State or local laws, statutes, ordinances, rules, and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs, and staff for which the City is responsible. Any violation of this section is a material breach of this Contract. No Notice of Default is required to terminate under this section. 10.2 Minnesota Law to Govern. The laws of Minnesota govern all matters related to this Agreement,without giving effect to the principles of conflict of law. Venue and jurisdiction for any litigation related to this Agreement must be in those courts located within Dakota County, State of Minnesota or U.S. District Court, District of Minnesota. 11. SEVERABILITY. 11.1 The provisions of this Agreement shall be deemed severable. If any provision of this Agreement is void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement unless the void, invalid or unenforceable provision substantially impairs the value of the entire Agreement with respect to either party. City of Apple Valley Custom 12. MERGER. 12.1 This Agreement is the final expression of the agreement of the parties. This Agreement is the complete and exclusive statement of the provisions agreed to by the parties. This Agreement supersedes all prior negotiations, understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates indicated below: Approved by Dakota County Board COUNTY OF DAKOTA Resolution No By Approved as to form: Title Community Services Director Date of Signature Amelia Jadoo 4/1/21 Assistant County Attorney/Date File No._KS-20-503 CITY OF APPLE VALLEY (I represent and warrant that I am authorized by law to execute this Agreement and legally bind the City). By Clint Hooppaw Title Mayor Date of Signature ATTEST Pamela J Gackstetter Title City Clerk Date of Signature City of Apple Valley Custom •••• ITEM: 4.R. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Approve Agreement with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO for Fireworks Display on July 4, 2021 Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Approve an Agreement with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO in the amount of $25,000, to provide fireworks display services on July 4, 2021; subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department. SUMMARY: RES Specialty Pyrotechnics, Inc., dba RESPYRO has submitted a proposal for the 2021 Freedom Days fireworks display. Staff has reviewed the proposal and recommends an agreement retaining their services, contingent on their ability to obtain the applicable permit from the Apple Valley Fire Marshal. BACKGROUND: The Fourth of July fireworks display is a long-standing tradition in Apple Valley and is the closing event of the annual Freedom Days community celebration. Staff recommends an agreement with RES Specialty Pyrotechnics, Inc., based on their show proposal and positive past performances in Apple Valley, as well as other area communities. An Application for Fireworks/Pyrotechnic Display is being completed by RES Specialty Pyrotechnics, Inc., dba RESPYRO and the City of Apple Valley Fire Marshal will issue a Permit upon review and approval. One of the requirements is proof of a current certificate for their supervising operator. BUDGET IMPACT: $25,000 funding allocated within the 2021 budget. ATTACHMENTS: Agreement RES PYRO� DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 15st day of April,2021 between RES Pyro hereafter referred to as the SELLER and the City of Apple Valley, hereafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Outdoor Fireworks Display Date(s) Thursday,July 4,2021(Rain date:July 5,2021) Time 10:00 PM(approximately) Duration 20-23 minutes(depending on intensity) Location Scott Highlands/Johnny Cake Ridge Park; Apple Valley, MN Event Sponsor City of Apple Valley OBLIGATIONS OF SELLER: SELLER shall provide all materials,equipment and personnel necessary to perform the above-mentioned display. SELLER is required and will comply with NFPA 1123,Code for Outdoor Display of Fireworks,2010 edition and NFPA 1126,Pyrotechnics before a Proximate Audience,2006 edition. SELLER shall provide a certificate of liability insurance in the amount of$5,000,000.00 to cover the fireworks display and cleanup.BUYER shall be listed as Certificate Holder on the Certificate of Liability insurance.All individuals/entities listed on the certificate of liability insurance will be deemed an additional insured per this contract. SELLER shall include the BUYER,as co-insured on Certificate of Insurance.SELLER shall provide a copy of the Certificate of Insurance to BUYER.The certificate of Insurance shall provide that the insurance shall not be modified,cancelled,or fail to be renewed without 30 days'prior notice to the City of Apple Valley. SELLER shall,during the term of this agreement,maintain workers compensation insurance for those employees involved in the performance of this agreement. SELLER shall have a licensed technician thoroughly inspect the display site fall out area on July 5'to ensure pyrotechnic material is not present. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs for security,safety and cleanup at the display site. TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. However,if before the date of the scheduled performance,the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired,the SELLER may cancel this agreement at any time. In the event the BUYER does not perform fully all of its obligations herein,the SELLER shall have the option to perform or refuse to perform hereunder,and in either event the BUYER shall be liable to the SELLER for any damages,compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. 21595 286TH STREET BELLE PLAINE,MN P:952-873-3113 INFO@RESPYRO.COM WWW.RESPYRO.COM The SELLER shall retain the right to stop or interrupt the display at any time if,in the opinion of the SELLER, conditions have become unsafe.In event of rain,fireworks may be rescheduled at a mutually agreeable date. This agreement is for 2021 with an opportunity to renew the agreement for five years(through 2026)pending approval of appropriate funding each year and an excellent rating of each show by BUYER City Council representatives and BUYER staff. PAYMENT: Contracted amount:$25,000.00 inclusive of sales tax,if applicable. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Pyro in the form of a company check,certified bank check, money order,or cash. CANCELLATION: In the event the BUYER cancels this agreement before June 1,2021,the SELLER shall be entitled to and receive 15%of the contracted fee for the remainder of the contract period.In the event the BUYER cancels this agreement on or after June 1,2021,the SELLER shall be entitled to and receive 35%of the contracted fee for the remainder of the contract period plus compensation for any pre-and post-production costs incurred. NON ASSIGNMENT/INDEMNITY: This agreement may not be assigned by either party. Notwithstanding any provision herein to the contrary,SELLER shall indemnify and hold BUYER and its City Council members,agents and employees harmless from any and all claims,demands,actions,or causes of action,including reasonable attorneys'fees and costs,related to or arising out of any negligent act or omission on the part of the SELLER or its agents or employees in the performance of this agreement. THIS AGREEMENT is the whole agreement of the parties'above named. No representation inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered,modified,or amended except in writing by a duly authorized officer of each party. IN WITNESS WHEREOF,the parties hereunto set their names on the day and year listed below. CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS. CITY OF APPLE VALLEY Clint Hooppaw SELLER: Tracy Vanasek-RES Pyre TITLE: Mayor Title: Director of Operations,Display Services Signature: Signature: Date: Date: 3/31/2021 ATTEST Pamela J.Gackstetter TITLE: City Clerk Signature: Date: •••• ITEM: 4.S. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 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 April 22,2021 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) Full-Time, Nathaniel Becker Hire Engineering Technician I Regular 1510 $ 31.50 Hourly 140 4/26/2021 Casual, Samuel DeGenaro Hire Seasonal Maintenance I Seasonal 1710 $ 13.29 Hourly SM1 5/15/2021 Casual, Molly DeSutter Hire Food and Beverage Server Variable Hour 5105 $ 10.90 Hourly C-01 6/1/2021 Casual, Tara Dudley Hire Facility Attendant Variable Hour 5105 $ 10.90 Hourly C-01 5/15/2021 Full-Time, Ben Dockter Promotion Liquor Store Manager Regular 5080 $ 71,330.00 Annual 170 4/24/2021 Casual, Jason Gabriel Hire Engineering Intern Seasonal 1510 $ 15.30 Hourly C-06 5/10/2021 Full-Time, Mary Klein Hire Receptionist Regular 1021 $ 23.00 Hourly 120 5/3/2021 Casual, Zachary Langton Hire Engineering Intern Seasonal 1510 $ 15.30 Hourly C-06 5/10/2021 Casual, Robert MacDonald Rehire Seasonal Maintenance I Seasonal 5105 $ 14.47 Hourly SM1 4/15/2021 Casual, Apollo Oase Hire Lifeguard Seasonal 1940 $ 12.00 Hourly C-03 6/12/2021 Casual, Thor Oase Rehire Lifeguard Seasonal 1940 $ 12.60 Hourly C-03 6/12/2021 Casual, Samuel Rhode Hire Seasonal Maintenance I Seasonal 1710 $ 13.29 Hourly SM1 5/15/2021 Casual, Kurt Schlegel Rehire Seasonal Maintenance II Seasonal 5105 $ 15.17 Hourly SM2 4/15/2021 Casual, Kali Shaw Hire Professional Intern Seasonal 2012 $ 15.30 Hourly C-06 6/1/2021 Casual, Kyra Stepan Hire Seasonal Maintenance I Seasonal 5105 $ 13.29 Hourly SM1 4/19/2021 Casual, William Storms Hire Sales Clerk Variable Hour 5020 $ 13.00 Hourly L-1 4/21/2021 Casual, Sourabh Terakanambi Hire Seasonal Maintenance I Seasonal 1600 $ 13.29 Hourly SM1 5/15/2021 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 •••• ITEM: 4.T. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 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 March 31, 2021, and April 7, 2021, in the amounts of $329,297.06, and $1,262,920.30, respectively. ATTACHMENTS: Claims and Bills Claims and Bills R55CKR2 Lt... d101 CITY OF APPLL .LEY 3/31/201 3:22 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23731 4/2/2021 100101 ACE HARDWARE 2.39- DISCOUNT 392572 101305911901 1060.6333 GENERAL-CASH DISCOUNTS MUNICIPAL BLDG&GROUNDS MNTC 23.94 DISHWAND,SCRUBBERS 392572 101305911901 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC .69- DISCOUNT 392587 101310912301 1330.6333 GENERAL-CASH DISCOUNTS FIRE OPERATIONS 6.99 TRUFUEL 4 CYCLE-MURPHY 392587 101310912301 1330.6212 MOTOR FUELS/OILS FIRE OPERATIONS 1.39- DISCOUNT 392377 101360912011 1755.6333 GENERAL-CASH DISCOUNTS PARK MNTC REC PROGRAM SUPPORT 13.95 REC SUPPORT-EASTER EGGS 392377 101360912011 1755.6229 GENERAL SUPPLIES PARK MNTC REC PROGRAM SUPPORT .35- DISCOUNT 392379 101360912061 1755.6333 GENERAL-CASH DISCOUNTS PARK MNTC REC PROGRAM SUPPORT 3.55 REC SUPPORT-EASTER EGGS 392379 101360912061 1755.6229 GENERAL SUPPLIES PARK MNTC REC PROGRAM SUPPORT .49- DISCOUNT 392586 101370911491 1210.6333 GENERAL-CASH DISCOUNTS POLICE FIELD OPERATIONS/PATROL 4.49 ZIP TIES-PATROL 392586 101370911491 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 4.49- DISCOUNT 392590 101370911621 1210.6333 GENERAL-CASH DISCOUNTS POLICE FIELD OPERATIONS/PATROL 42.72 STRIKE TEAM STORAGE TOTES 392590 101370911621 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 6.59- DISCOUNT 392588 101370912521 1200.6333 GENERAL-CASH DISCOUNTS POLICE MANAGEMENT 65.97 TRASH CANS FOR CMF 392588 101370912521 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 145.22 23732 4/2/2021 100389 ALPHAGRAPHICS 160.29 AVPD ENVELOPES 392581 114538 1200.6239 PRINTING POLICE MANAGEMENT 160.29 23733 4/2/2021 144685 AM CRAFT SPIRITS INC 36.00 TAX#1 00051504 392427 12080 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 125.50 NTAX#1 00051504 392428 12080 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00051504 392429 12080 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 164.50 23734 4/212021 101318 AUTOMATIC SYSTEMS COMPANY 580.65 HIDDEN PONDS SEAL FAIL MODULE 392327 35710S 5506.6265 REPAIRS-EQUIPMENT STORM LIFT STN MNTC/RPR 580.65 23735 4/2/2021 100564 BANKERS EQUIPMENT SERVICE INC 35.00 ENCODER DECOMMISSION 392321 AR38723 5305.6210 OFFICE SUPPLIES WATER MGMT/REPORT/DATA ENTRY 35.00 ENCODER DECOMMISSION 392321 AR38723 5365.6210 OFFICE SUPPLIES SEWER MGMT/REPORTS/DATA ENTRY 70.00 23736 4/2/2021 100709 BATTERIES PLUS BULBS 35.90 AAA BATTERIES(30 PK) 392333 P37943274 1330.6215 EQUIPMENT-PARTS FIRE OPERATIONS 35.90 23737 4/2/2021 100058 BELLBOY CORPORATION R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23737 4/2/2021 100058 BELLBOY CORPORATION Continued... 12.77- CMNTAX#1 00004928 392440 102810100 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 50.05 NTAX#1 00004928 392441 102924600 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 78.85 TAX#1 00004928 392442 102957100 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 34.25 NTAX#1 00004928 392443 102957100 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 42.50 NTAX#3 00004928 392456 102957200 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 284.00 LIQ#1 00004928 392444 88382600 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 4.05 FREIGHT#1 00004928 392445 88382600 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 390.00 TAX#3 00004928 392450 88382700 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2.70 FREIGHT#3 00004928 392451 88382700 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 340.15 LIQ#1 00004928 392446 88500400 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 8.10 FREIGHT#1 00004928 392447 88500400 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 590.00 LIQ#1 00004928 392448 88583700 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 8.78 FREIGHT#1 00004928 392449 88583700 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 808.15 LIQ#3 00004928 392452 88583800 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 142.20- CMLIQ#3 00004928 392453 88583800 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 176.00 WINE#3 00004928 392454 88583800 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 9.45 FREIGHT#3 00004928 392455 88583800 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,672.06 23738 4/2/2021 149273 BLACKFIRE CREATIVE 280.00 SQUAD 917 REPAIR GRAPHICS 392294 4911 1210.6265 REPAIRS-EQUIPMENT POLICE FIELD OPERATIONS/PATROL 280.00 23739 412/2021 121092 BOURGET IMPORTS 104.00 WINE#1 00045600 392430 176173 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1.75 FREIGHT#1 00045600 392431 176173 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 440.00 WINE#3 00045600 392434 176174 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 10,50 FREIGHT#3 00045600 392435 176174 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 520.00 WINE#3 00045600 392436 176473 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 104.00- CMWINE#3 00045600 392437 176473 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 8.75 FREIGHT#3 00045600 392438 176473 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1.75- CMFREIGHT#3 00045600 392439 176473 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 416.00 WINE#1 00045600 392432 176474 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 7.00 FREIGHT#1 00045600 392433 176474 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,402.25 23740 4/2/2021 141474 COLE PAPERS INC. 148.72 TP/PAPER TOWELS MC 392383 9963408 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 148.72 R55CKR2 Lc,...101 CITY OFAPPLL .LEY 3/31/202 3:22 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23741 4/2/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 48.74 SIGNAL 140TH/GARDNVW MAR 392359 200003037769MAR 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 40.42 SIGNAL 140TH/HAYES MAR 392360 200003037777MAR 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 48.48 FOUNDERS/GALAXIE SIGNAL MAR 392597 200003777430MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 54.77 GALAXIE/FOUNDER LN SPKLR MAR 392598 200003919925MAR 1610.6255 UTILITIES-ELECTRIC STREET/BOULEVARD REPAIR&MNTC 21 407.25 15281 FOUNDERS BLVD LIGHTS MAR 392599 200004198750MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 67.63 LIFT STN STRM SWR GALAXIE MAR 392600 200004229209MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 17.24 GARDENVIEW DR PK SLTR MAR 392361 200004331096MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 19.13 REDWOOD GAS MAR 392362 200004514691MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 5.00 CD SIREN-PILOT KNOB#394930-2 392358 200010000089MAR 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-CMF#2010767 392358 200010000089MAR 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-HUNTINGTON#2010775 392358 200010000089MAR 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-DELANEY#2010783 392358 200010000089MAR 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-DUCHESS#2010791 392358 200010000089MAR 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-GALAXIE&42#2010809 392358 200010000089MAR 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-CED KNOLLS#2010817 392358 200010000089MAR 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-WILDWOOD#2010825 392358 200010000089MAR 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-CHAPARRAL#2010833 392358 200010000089MAR 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 16.48 PK-BELMT PD AER/FOUNT#325093-3 392358 200010000089MAR 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 21 16.48 LEGION FLD PRESS BX#310081-5 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 16.86 HAGEMEISTER TENNIS LTS#1804087 392358 200010000089MAR 1745.6255 UTILITIES-ELECTRIC PARK CRT/GAME AREA MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23741 4/2/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 21 17.74 FOUNDER PK LT#366449-7 392358 200010000089MAR 1740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/PATH MAINTENANCE 21 18.75 ALIMAGNET PK RESTRM#144117-9 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 20.26 EASTVIEW PRESS BOX#2079408 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 29.08 SCOTT TENNIS LTS#1804079 392358 200010000089MAR 1745.6255 UTILITIES-ELECTRIC PARK CRT/GAME AREA MAINTENANCE 21 32.85 KELLEY PD PK/SPKLR#405066-2 392358 200010000089MAR 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 21 42.69 SALT BLDG#310219-1 392358 200010000089MAR 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 21 52.21 COBBLESTONE PAVILLION 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 61.30 PARK HS#4 FIELDS#224529-8 392358 200010000089MAR 1780.6255 UTILITIES-ELECTRIC PARK HIGH SCHOOL#4 FIELDS 21 82.34 AVFAC EXPANSION#443065-8 392358 200010000089MAR 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 21 97.35 AV EAST PK WMHSE#2148484 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 98.75 PW RADIO EQUIP#215383-1 392358 200010000089MAR 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 21 148.05 AQUATIC CENTER#273061-2 392358 200010000089MAR 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 21 150.01 HAGEMEISTER PK SHLTR#151256-5 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 171.30 GALAXIE PK WMHSE#481583-3 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 215.13 VALLEY MID PK SHLTR#1247824 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 215.52 FARQ PK RESTROOMS#1617653 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 223.53 DELANEY PK SHLTR#151247-4 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 234.41 HUNTINGTON PK SHLTR#2014926 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 239.46 FIRE STATION#3#146046-8 392358 200010000089MAR 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 21 R55CKR2 Li _.6101 CITY OFAPPLL LEY 3/31/202 3:22 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23741 4/2/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 257.46 CMF STORAGE#2009652 392358 200010000089MAR 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 21 296.00 FIRE STATION#2#145450-3 392358 200010000089MAR 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 21 301.40 REDWOOD/POOL#108328-6 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 842.31 FIRE STATION#1#111343-0 392358 200010000089MAR 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 21 981.28 EASTVIEW-HIGHLAND#1889047 392358 200010000089MAR 1715.6255 UTILITIES-ELECTRIC PARK ATHLETIC FIELD MAINTENANC 21 1,329.83 PARK PATHWAY LTS#2053296 392358 200010000069MAR 1740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/PATH MAINTENANCE 21 1,377.32 TEEN CENTER#268335-7 392358 200010000089MAR 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 1,689.87 QUARRY PT ATHLCPLX#456933-1 392358 200010000089MAR 1715.6255 UTILITIES-ELECTRIC PARK ATHLETIC FIELD MAINTENANC 21 1,748.44 HAYES COMM&SR CTR#451229-9 392358 200010000089MAR 1920.6255 UTILITIES-ELECTRIC SENIOR CENTER 21 1,820.84 AV COMM CTR#1883305 392358 200010000089MAR 1900.6255 UTILITIES-ELECTRIC AV COMMUNITY CENTER 21 2,519.42 CENTRAL MAINT FAC#511870-8 392358 200010000089MAR 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 21 3,289.94 MUNICIPAL CENTER#288247-0 392358 200010000089MAR 1060.6255 UTILITIES-ELECTRIC MUNICIPAL BLDG&GROUNDS MNTC 21 1,010.71 OLD CITY HALL#517541-9 392358 200010000089MAR 2092.6255 UTILITIES-ELECTRIC EDUCATION BUILDING FUND 21 89.72 CENTRAL VILLAGE P-LOT 392358 200010000089MAR 2097.6255 UTILITIES-ELECTRIC CENTRAL VILLAGE PARKING LOT 21 455.86 LIQUOR STORE 2#138678-8 392358 200010000089MAR 5065.6255 UTILITIES-ELECTRIC LIQUOR#2 OPERATIONS 21 1,132.03 LIQUOR STORE 1#145003-0 392358 200010000089MAR 5025.6255 UTILITIES-ELECTRIC LIQUOR#1 OPERATIONS 21 2,459.54 LIQUOR STORE 3#444140-8 392358 200010000089MAR 5095.6255 UTILITIES-ELECTRIC LIQUOR#3 OPERATIONS 21 42.43 VLLYWD GOLF SPRINK-134893-7 392358 200010000089MAR 5150.6255 UTILITIES-ELECTRIC GOLF COURSE MAINTENANCE 21 5,242.09 ICE ARENA#1#136723-4 392358 2000100000B9MAR 5210.6255 UTILITIES-ELECTRIC ARENA 1 BUILDING MAINTENANCE 21 6,172.51 HAYES PK ICE ARENA#222230-5 392358 200010000089MAR 5265.6255 UTILITIES-ELECTRIC ARENA 2 BLDG MAINTENANCE-HAYES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 • Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23741 4/2/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 21 16.48 WTRTWR RESERV-LONGRDG#144881- 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 16.48 PUMPHOUSE 15#2121093 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 19.07 PALOMINO RESERVOIR#103546-8 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 23.80 HERALD WY PRESS STN#103686-2 392358 2000100000B9MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 48.36 PUMPHOUSE#5#135486-9 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 57.80 LS 10 NORDIC WOODS#1830835 392358 200010000089MAR 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 64.23 LS 7 HERITAGE HILLS#144109-6 392358 200010000089MAR 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 67.37 LS 11-HIGHLAND PT CT#2021699 392358 200010000089MAR 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 99.96 PUMPHOUSE#2#108018-3 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 101.13 PUMPHOUSE 14#2008852 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 132.32 PUMPHOUSE 12#2023273 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 136.53 PUMPHOUSE 06#1468404 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 140.44 PUMPHOUSE#1#106890-7 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 154.30 LS 9 4771 DOMINICA WY#525977- 392358 200010000089MAR 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 156.88 PUMPHOUSE 19#415728-5 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 197.86 PUMPHOUSE 18#1078310 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 203.05 LIFT STN 4 PH LKSHR#1030667 392358 200010000089MAR 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 238.02 LIFT#5#580685-6 392358 200010000089MAR 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 278.50 PUMPHOUSE#3#106099-5 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 R55CKR2 CITY OFAPPLL LEY 3/31/202 3:22 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23741 4/2/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 279.06 PUMPHOUSE 13#2023265 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 313.05 PUMPHOUSE 20#484299 392358 200010000069MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 447.80 LFT STN3 133 CHAPARRAL 546943 392358 200010000089MAR 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 459.73 PUMPHOUSE#7#126394-6 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 647.34 PUMPHOUSE#4#121151-5 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 802.72 AV BOOSTER-NORDIC#138075-7 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 891.69 LIFT STN 1 ELLICE#131715-5 392358 200010000089MAR 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 1,400.31 PUMPHOUSE#11#174395-4 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 1,965.68 PUMPHOUSE#10#155867-5 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELLJBOOSTER STN MNT/RPR 21 2,100.94 PUMPHOUSE 17#307438-2 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 2,568.43 PUMPHOUSE 09#1526292 392358 200010000089MAR 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 9,431.53 WTR TREATMENT PLANT#511870-8 392358 200010000089MAR 5325.6255 UTILITIES-ELECTRIC WATER TREATMENT FCLTY MNTC/RPR 21 16.48 LS STM SWR HGHWD#1586924 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 31.72 LS STM SWR-BELMONT PK#2011021 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 39.29 LS STM SWR BRIAR OAKS#1827781 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 41.30 LS-WHEATON PONDS#443438-7 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 58.49 LS STM SWR PENNOCK SHR#135489 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 115.78 LS STM SWR-HANNOVER#19860009 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 149.95 LS STN COBB LK#306511-7 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 216.39 LS STM SWRALIMAGNET#144134-4 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23741 4/2/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 21 858.20 LS STM SWR FARQUAR#137184-8 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 1,222.14 LS 2 7698 128TH ST W#490873-7 392358 200010000089MAR 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 45.00 CEMETERY LTS#339637-1 392358 200010000089MAR 5605.6255 UTILITIES-ELECTRIC CEMETERY 21 58.30 CEMETERY LTS FLAGPOLE#318998-2 392358 200010000089MAR 5605.6255 UTILITIES-ELECTRIC CEMETERY 21 17.65 964 GARDENVIEW DR SLSIGN 392358 200010000089MAR 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 31.28 GREENWAY TUNNEL#563183-3 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 42.05 SIGNAL-147TH/PENNOCK#103448-7 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 44.06 SIGNAL-GALAXIE&14OTH#2053858 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 44.32 SIGNAL-149TH/PENNOCK#103448-7 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 45.07 SIGNAL-GARRETT&150TH#1802081 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 45.83 SIGNAL-140TH/FLAGSTAFF#2750370 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 46.46 SIGNAL-140TH/PENNOCK#303778-5 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 47.22 SIGNAL 153RD&CUB#2013084 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 48.24 SIGNAL-GALAXIE&147TH#1022698 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 54.27 TUNNEL STREET LT#279581-3 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 55.15 SIGNAL-GALAXIE&153RD#3128204 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 56.92 SIGNAL 42&PENNOCK#1033836 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 57.43 SIGNAL CEDAR&147TH#1033901 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 59.44 SIGNAL-CEDAR& 145TH#2047702 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 R55CKR2 LL_.0101 CITY OFAPPLL _EY 3/31/202 3:22 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23741 412/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 60.70 SIGNAL CEDAR&140TH#1577386 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 63.47 SIGNAL GALAXIE&150TH#1821115 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 63.60 SIGNAL-140TH/JOHNNY CK#2750412 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 67.37 GASLIGHT STREET LT#267358-0 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 68.13 SIGNAL 42&GARDENVW#124646-1 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 98.75 UTIL RADIO EQUIP#215383-1 392358 200010000089MAR 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 103.28 SIGNAL-GALAXIE&38#2146678 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 136.66 CO RD 42/CEDAR LTS#501516-9 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 159.46 CEDAR/147TH LTS#501520-1 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 208.59 147TH ST W LTS#498760-8 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 235.79 CEDAR/145TH LTS#501526-8 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 242.35 CEDAR&153RD LT#487980-5 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 248.01 CEDAR/140TH LTS#501536-7 392358 200010000089MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 278.88 CEDAR&157RD LT#487985-4 392358 2000100000S9MAR 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 32,024.49 UTILITY STREET LTS#1109149 392358 200010000089MAR 5805,6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 24.95 943 1/2 GARDENVIEW DR MAR 392364 200010052737MAR 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 17.65 15763 HEYWOOD CT MAR 392363 200010053463MAR 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 97,120.43 23742 4/2/2021 100157 FACTORY MOTOR PARTS CO 52.23 FILTERS FOR ATHLETIC EQUIPMENT 392287 25335931 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 10.09 FILTERS FOR ATHLETIC EQUIPMENT 392288 61578797 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23742 4/212021 100157 FACTORY MOTOR PARTS CO Continued... 9.96 FILTERS FOR ATHLETIC EQUIPMENT 392289 61579328 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 39.84 FILTERS FOR ATHLETIC EQUIPMENT 392290 74259711 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 112.12 23743 4/2/2021 100217 GRAINGER,INC. 193.07 PICKLEBALL ZIP TIES 392285 9842750987 1745.6229 GENERAL SUPPLIES PARK CRT/GAME AREA MAINTENANCE 76.44 CRASH INTINUATOR CASTERS 392315 9842839251 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 153.09 2 GAL,SAFETY GAS CANS 392341 9843827842 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 422.60 23744 4/2/2021 103314 INNOVATIVE OFFICE SOLUTIONS 19.94 2 PKG NOTE PADS 392292 IN3296974 1500.6210 OFFICE SUPPLIES PW MANAGEMENT 73.38 EXPO MARKERS ERASERS 392292 IN3296974 1710.6210 OFFICE SUPPLIES PARK MAINTENANCE MANAGEMENT 186.56 4 BOXES GARBAGE LINERS 392292 IN3296974 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMENT 15.20 EXPO MARKERS 392291 IN3297232 1710.6210 OFFICE SUPPLIES PARK MAINTENANCE MANAGEMENT 36.83 OFFICE SUPPLIES-POST-IT PAGES 392336 IN3300861 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 97.52 CLEANING DISINFECTANT 392393 IN3300871 1920.6229 GENERAL SUPPLIES SENIOR CENTER 17.27 DATE STAMP,FOLDERS,SCISSORS 392339 IN3302960 1400.6210 OFFICE SUPPLIES INSPECTIONS MANAGEMENT 49.60 SUPPLYROOM STICKIES,STAPLES 392339 IN3302960 1035.6210 OFFICE SUPPLIES FINANCE 51.81 DATE STAMP,FOLDERS,SCISSORS 392339 IN3302960 1510.6210 OFFICE SUPPLIES PW ENGINEERING&TECHNICAL 2.78 BINDER FOR BRANDI 392340 IN3303361 1035.6210 OFFICE SUPPLIES FINANCE 27.06 MARKERS,CLEANER&ERASER-FIRE 392340 IN3303361 1300.6210 OFFICE SUPPLIES FIRE MANAGEMENT 170.22 WASTEBASKETS,AIR FRESHENER 392340 IN3303361 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG 8 GROUNDS MNTC 22.20- RETURNED CAROL FOOTREST 392338 SCN105819 1510.6210 OFFICE SUPPLIES PW ENGINEERING&TECHNICAL 7.50- RETURNED CAROL FOOTREST 392338 SCN105819 1400,6210 OFFICE SUPPLIES INSPECTIONS MANAGEMENT 718.47 23745 4/212021 100267 KEYS WELL DRILLING COMPANY 16,495.65 WELL PUMP 4,13,HZP4 FINAL#2 392577 20210227 5320.6735 2020155W CAPITAL OUTLAY-OTHER IMPROVEME WATER WELUBOOSTER STN MNT/RPR 16,495.65 23746 4/2/2021 145176 KIESLER'S POLICE SUPPLY INC 2,218.00 PEPPERBALL ACCESSORIES 392407 INI60014 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL 2,218.00 23747 4/2/2021 154706 LOMPLAN WINES LLC 366.06 WINE#3 00052648 392513 66520095 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 4.50 FREIGHT#3 00052648 392514 66520095 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 370.56 R55CKR2 LL._..,101 CITY OFAPPLL _EY 3/31/202 3:22 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23748 4/2/2021 100293 MACQUEEN EQUIPMENT Continued... 15,442.28 4984 REPAIRS(CA 107699) 392284 W03214 7205.6399 OTHER CHARGES INSURANCE CLAIMS 15,442.28 23749 41212021 145276 MALLOY MONTAGUE KARNOWSKI RADOSEVICH&C 660.00 AUDIT 2020 FINANCIALS 392400 49811 1045.6235 CONSULTANT SERVICES INDEPENDENT AUDIT 664.00 AUDIT 2020 FINANCIALS 392400 49811 5005.6235 CONSULTANT SERVICES LIQUOR GENERAL OPERATIONS 588.00 AUDIT 2020 FINANCIALS 392400 49811 5365.6235 CONSULTANT SERVICES SEWER MGMT/REPORTS/DATA ENTRY 588.00 AUDIT 2020 FINANCIALS 392400 49811 5305.6235 CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTRY 2,500.00 23750 4/2/2021 151844 MAVERICK WINE LLC 255.96 LIQ#3 00052289 392515 555511 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1.50 FREIGHT#3 00052289 392516 555511 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 257.46 23751 4/2/2021 100348 MTI DISTRIBUTING CO 269.36 SWEEPER PARTS 392299 129296200 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 161.32 RACK 0 VAC PARTS 392352 129351900 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 430.68 23752 41212021 100385 PLUNKETT'S PEST CONTROL INC 78.00 PEST CONTROL 392589 6990098 1930.6249 OTHER CONTRACTUAL SERVICES REDWOOD POOL 78.00 23753 4/212021 100395 R&R SPECIALTIES OF WISCONSIN INC 42.50 ZAMBONI BLADE SHARPENING 392592 725181N 5270.6265 REPAIRS-EQUIPMENT ARENA 2 EQUIPMENT MAINT-HAYES 42.50 23754 4/2/2021 122110 REINDERS INC 4,960.00 FERTILIZER 392582 307691600 1720.6213 FERTILIZER PARK GROUNDS MAINTENANCE 18,396.00 SCRIPT FERTILIZER 392405 307692200 1720.6213 FERTILIZER PARK GROUNDS MAINTENANCE 820.00 GRASS SEED 392579 307737800 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 2,563.29 CHEMICAL 392403 321124700 5150.6214 CHEMICALS GOLF COURSE MAINTENANCE 26,739.29 23755 412/2021 100600 RIGID HITCH INC 91.94 CRASH INTINUATOR JACKS 392293 1928495998 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 91.94 23756 4/212021 102224 SL-SERCO LABORATORIES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23756 4/2/2021 102224 SL-SERCO LABORATORIES Continued... 3,608.00 AMI METER PROJECT CONSULTING 392329 11077001C 5310.6735 2016101W CAPITAL OUTLAY-OTHER IMPROVEME WATER METER RPR/REPLACE/READNC 3,608.00 23757 412/2021 144495 SMALL LOT MN 175.92 WINE#1 00051469 392544 414180 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#1 00051469 392545 414180 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 205.98 WINE#3 00051469 392546 41421 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5.00 FREIGHT#3 00051469 392547 41421 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 391.90 23758 412/2021 119875 SOUTH METRO RENTAL 26.24 CHAINSAW REPAIR 392368 112515 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 26.24 23759 4/2/2021 102904 STANDREWS PRODUCTS CO 234.32 MAINTENANCE TEE SHIRTS 392323 24 5105.6281 UNIFORM/CLOTHING ALLOWANCE GOLF MANAGEMENT 234.32 23760 412/2021 100457 STREICHERS INC 1,980.00 40MM LAUNCHERS 392408 11489455 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL 1,980.00 23761 4/212021 147460 TRADITION WINE&SPIRITS 144.00 WINE#3 00051881 392548 25610 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5.00 FREIGHT#3 00051881 392549 2561 D 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 149.00 23762 412/2021 100496 VAN PAPER CO 314.66 BAGS#1 00008795 392570 56941600 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 3.15- DISCT#1 00008795 392571 56941600 5025.6333 GENERAL-CASH DISCOUNTS LIQUOR#1 OPERATIONS 311.51 23763 412/2021 100834 VERSATILE VEHICLES INC .10- GOLF SALES TAX ADJUST 392301 54014 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE .10 GOLF SALES TAX ADJUST 392301 54014 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 43.95 FRONT SPRING-GOLF CART 392301 54014 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE .60- GOLF SALES TAX ADJUST 392302 54017 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE .60 GOLF SALES TAX ADJUST 392302 54017 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 129.37 GOLF CART RPR PARTS 392302 54017 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 173.32 R55CKR2 Lt.._.3101 CITY OF APPLL _EY 3/31/202 3:22 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23763 412/2021 100834 VERSATILE VEHICLES INC Continued... 23764 4/212021 122010 VINOCOPIA 120.00 LIQ#1 00046257 392550 275854 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 128.00 WINE#1 00046257 392551 275854 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 120.00 TAX#1 00046257 392552 275854 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 18.00 FREIGHT#1 00046257 392553 275854 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 386.00 23765 4/2/2021 100081 WASTE MANAGEMENT-BURNSVILLE LANDFILL 355.44 PARK TRASH 392351 3482302910 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 355.44 23766 4/2/2021 100520 WINE COMPANY,THE 126.00 LIQ#3 00015926 392558 166791 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 5,00 FREIGHT#3 00015926 392559 166791 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,329.00 WINE#1 00015926 392554 167528 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 13.20 FREIGHT#1 00015926 392555 167528 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,482.00 WINE#2 00015926 392556 167529 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 14.85 FREIGHT#2 00015926 392557 167529 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,350.00 WINE#3 00015926 392560 167530 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 13.20 FREIGHT#3 00015926 392561 167530 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 4,333.25 308441 3/31/2021 156001 2 DADS LLC 165.00 TAX#1 00052758 392426 1196 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 165.00 308442 3131/2021 147492 ACUSHNET COMPANY 26.64- GOLF DISCOUNT 392584 910482371 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 1,332.00 GOLF BALLS FOR RESALE 392584 910482371 5115.6412 GOLF-BALLS GOLF PRO SHOP 60.06- GOLF SALES TAX ADJUST 392585 910526899 5115.6414 GOLF-CLUBS GOLF PRO SHOP 60.06 GOLF SALES TAX ADJUST 392585 910526899 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 903.05 CLUBS FOR RESALE 392585 910526899 5115.6414 GOLF-CLUBS GOLF PRO SHOP 19.20- GOLF DISCOUNT 392583 910543401 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 960.00 GLOVES FOR RESALE 392583 910543401 5115.6415 GOLF-GLOVES GOLF PRO SHOP 3,149.21 308443 3/31/2021 152774 ADIDAS AMERICA INC 25.42 GOLF FREIGHT 392404 6152979565 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 1,645.00 CLOTHES FOR RESALE 392404 6152979565 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308443 3/31/2021 152774 ADIDAS AMERICA INC Continued... 1,670.42 308444 3/31/2021 126475 AED SUPERSTORE 1,432.80 AED BATTERIES 392406 1805368 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 1,432.80 308445 3/31/2021 149618 ALTEMP MECHANICAL INC 4,671.42 GARBAGE DISPOSAL REPAIR 392576 251078 5120.6265 REPAIRS-EQUIPMENT GOLF KITCHEN 4,671.42 308446 3/31/2021 153995 AMAZON CAPITAL SERVICES 73.17 STRIKE TEAM MED BAGS 392346 11 HHM79P6HKM 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 4.43- GOLF SALES TAX ADJUST 392308 19RNGL61DP6M 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 4.43 GOLF SALES TAX ADJUST 392308 19RNGL61DP6M 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 58.17 GOLF GIFT CARD SLEEVES 392308 19RNGL61DP6M 5115.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP 137.72 TRASH BAGS,TAPE,PAPER TOWELS 392308 19RNGL61DP6M 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 133.55 BATTERIES FOR APC 392303 1FRDCXX9XJKY 2012.6215 EQUIPMENT-PARTS CABLE TV JOINT POWERS 25.51 PEPPERBALL TRAINING EQUIPMENT 392347 1H9Q9QVM4PVK 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 398.40- 24 STREAMLIGHT BATTERY STICKS 392335 1KWH4K4D3KVW 1330.6215 EQUIPMENT-PARTS FIRE OPERATIONS 108.90 GAFFE TAPE&SOLDERING KIT 392580 1PJQP6M1CFPT 2012.6229 GENERAL SUPPLIES CABLE TV JOINT POWERS 138.62 308447 3131/2021 100747 ARAMARK UNIFORM SERVICES INC 11.99 STR FIRST AID KITS 392381 629000106563 1600.6229 GENERAL SUPPLIES STREET MANAGEMENT 11.99 PK FIRST AID KITS 392381 629000106563 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMENT 11.99 CMF FIRST AID KITS 392381 629000106563 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 20.40 SHOP COVERALLS 392381 629000106563 1530.6281 UNIFORM/CLOTHINGALLOWANCE FLEET&BUILDINGS-CMF 23.20 PK COVERALLS 392381 629000106563 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 28.85 STR COVERALLS 392381 629000106563 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 5.99 UTIL FIRST AID KITS 392381 629000106563 5365.6229 GENERAL SUPPLIES SEWER MGMT/REPORTS/DATA ENTRY 6.00 UTIL FIRST AID KITS 392381 629000106563 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTRY 11.99 WTP FIRST AID KITS 392381 629000106563 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 11.99 STR FIRST AID KITS 392378 629000109078 1600.6229 GENERAL SUPPLIES STREET MANAGEMENT 11.99 PK FIRST AID KITS 392378 629000109078 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMENT 11.99 CMF FIRST AID KITS 392378 629000109078 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 20.40 SHOP COVERALLS 392378 629000109078 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 23.20 PK COVERALLS 392378 629000109078 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 28.85 STR COVERALLS 392378 629000109078 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 5.99 UTIL FIRST AID KITS 392378 629000109078 5365.6229 GENERAL SUPPLIES SEWER MGMT/REPORTS/DATA ENTRY 6.00 UTIL FIRST AID KITS 392378 629000109078 5305.6229 GENERAL SUPPLIES WATER MGMT/R T/DATA ENTRY R55CKR2 Lu,.,6101 CITY OF APPLE LEY 3/31/202 3:22 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308447 3/31/2021 100747 ARAMARK UNIFORM SERVICES INC Continued... 11.99 WTP FIRST AID KITS 392378 629000109078 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 264.80 308448 3/31/2021 118892 ASPEN MILLS 1,455.10 AVFD POLOS(9)JACKETS(9) 392401 271249 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 129.80 1 PANT,SHIRT,TIE,BELT 392370 271343 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 129.80 1 PANT,SHIRT,TIE,BELT 392371 271344 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 129.80 1 PANT,SHIRT,TIE,BELT 392372 271345 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 129.80 1 PANT,SHIRT,TIE,BELT 392374 271346 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 129.80 1 PANT,SHIRT,TIE,BELT 392373 271347 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 2,104.10 308449 3/3112021 100152 BREAKTHRU BEVERAGE MIN WINE 68.92 TAX#3 00001930 392482 338695596 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2.30 FREIGHT#3 00001930 392483 338695596 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 551.23 LIQ#3 00001930 392484 338695597 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 4.60 FREIGHT#3 00001930 392485 338695597 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 135.16 WINE#3 00001930 392507 338695598 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2.30 FREIGHT#3 00001930 392508 338695598 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 90.00 LIQ#2 00001930 392476 338695610 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1.38 FREIGHT#2 00001930 392477 338695610 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 42.83 TAX#2 00001930 392478 338695611 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1.15 FREIGHT#2 00001930 392479 338695611 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 984.00 WINE#2 00001930 392501 338695612 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 12.65 FREIGHT#2 00001930 392502 338695612 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 288.83 WINE#1 00001930 392494 338695614 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 3.45 FREIGHT#1 00001930 392495 338695614 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,651.16 LIQ#1 00001930 392459 338695615 5015,6510 LIQUOR LIQUOR#1 STOCK PURCHASES 19.55 FREIGHT#1 00001930 392460 338695615 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 68.92 TAX#1 00001930 392457 338695616 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 2.30 FREIGHT#1 00001930 392458 338695616 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 746.97 LIQ#3 00001930 392486 338775125 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3.45 FREIGHT#3 00001930 392487 338775125 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 40.00 WINE#3 00001930 392509 338775126 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 392510 338775126 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 571.85 LIQ#3 00001930 392488 338775127 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2.30 FREIGHT#3 00001930 392489 338775127 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 36.90 TAX#3 00001930 392490 338775128 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 392491 338775128 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 180.64 WINE#2 00001930 392503 338775142 5055.6520 WINE LIQUOR#2 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308449 3/31/2021 100152 BREAKTHRU BEVERAGE MIN WINE Continued... 4.60 FREIGHT#2 00001930 392504 338775142 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 287.99 LIQ#2 00001930 392480 338775143 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1.15 FREIGHT#2 00001930 392481 338775143 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,112.96 LIQ#1 00001930 392461 338775144 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 287.99- CMLIQ#1 00001930 392462 338775144 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 4.60 FREIGHT#1 00001930 392463 338775144 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1.15- CMFREIGHT#1 00001930 392464 338775144 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 908.70 LIQ#1 00001930 392465 338775145 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 9.20 FREIGHT#1 00001930 392466 338775145 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 320.00 WINE#3 00001930 392511 338858058 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 4.60 FREIGHT#3 00001930 392512 338858058 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,769.00 LIQ#3 00001930 392492 338858059 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 16.10 FREIGHT#3 00001930 392493 338858059 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 192.00 WINE#2 00001930 392505 338858074 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 4.60 FREIGHT#2 00001930 392506 338858074 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 816.00 WINE#1 00001930 392498 338858076 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 72.00- CMWINE#1 00001930 392499 338858076 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 9.20 FREIGHT#1 00001930 392500 338858076 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 206.70 WINE#1 00001930 392496 338858077 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2.30 FREIGHT#1 00001930 392497 338858077 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4,051.61 LIQ#1 00001930 392467 338858078 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 57.69 FREIGHT#1 00001930 392468 338858078 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 120.44 TAX#1 00001930 392469 338858079 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 18.05 NTAX#1 00001930 392470 338858079 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 5.75 FREIGHT#1 00001930 392471 338858079 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 38.85 LIQ#1 00001930 392472 338858080 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES .38 FREIGHT#1 00001930 392473 338858080 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 36.90 TAX#1 00001930 392474 338858081 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1.15 FREIGHT#1 00001930 392475 338858081 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 15,154.52 308450 313112021 100319 CENTERPOINT ENERGY 57.86 SWIM GAS MAR 392604 110055472MAR21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 3,338.93 CH GAS MAR 392605 110055563MAR21 1060.6256 UTILITIES-NATURAL GAS MUNICIPAL BLDG&GROUNDS MNTC 2,522.27 IA1 GAS MAR 392366 110060944MAR21 5210.6256 UTILITIES-NATURAL GAS ARENA 1 BUILDING MAINTENANCE 3,395.22 CMF GAS MAR 392365 110061900MAR21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 97.04 DELANEY PK GAS MAR 392618 55372148MAR21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 359.28 FIRE STA 3 GAS MAR 392619 55533657MAR21 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 280.16 LIQ 2 GAS MAR 392620 55533673MAR21 5065.6256 UTILITIES-NATURAL GAS LIQUOR#2 OPERATIONS R55CKR2 LL.,.0101 CITY OF APPLE _EY 3/31/20 3:22 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2J2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308450 3/31/2021 100319 CENTERPOINT ENERGY Continued... 184.03 VALLEY MID PK GAS MAR 392354 55611420MAR21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 354.12 REDWOOD GAS MAR 392621 55612972MAR21 1930.6256 UTILITIES-NATURAL GAS REDWOOD POOL 67.81 WELL 2 GAS MAR 392625 55675664MAR21 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 2,248.38 AVCC GAS MAR 392626 55686299MAR21 1900.6256 UTILITIES-NATURAL GAS AV COMMUNITY CENTER 748.59 OLD CH GAS MAR 392603 55710289MAR21 2092.6256 UTILITIES-NATURAL GAS EDUCATION BUILDING FUND 704.29 CMF STRG BLD 2 GAS MAR 392627 55793483MAR21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 85.12 GALAXIE PK GAS MAR 392593 55848238MAR21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 67.13 AV EAST GAS MAR 392596 55851521 MAR21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 459.04 FIRE STA 2 GAS MAR 392594 55851539MAR21 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 137.42 WELL 5 GAS MAR 392595 55851562MAR21 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 151.06 WELL 4 GAS MAR 392355 55851604MAR21 5320,6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 3,679.87 WTP GAS MAR 392617 55877872MAR21 5325.6256 UTILITIES-NATURAL GAS WATER TREATMENT FCLTY MNTC/RPR 120.90 WELL 1 GAS MAR 392601 55887046MAR21 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 926.30 FIRE STA 1 GAS MAR 392602 55888184MAR21 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 3,436.35 IA2 GAS MAR 392612 55978928MAR21 5265.6256 UTILITIES-NATURAL GAS ARENA 2 BLDG MAINTENANCE-HAYES 1,443.12 CMF STRG BLD 1 GAS MAR 392622 56034416MAR21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 76.07 HAGEMEISTER PK GAS MAR 392616 56100324MAR21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 779.75 LIQ 1 GAS MAR 392615 56265598MAR21 5025.6256 UTILITIES-NATURAL GAS LIQUOR#1 OPERATIONS 87.21 JC ACTIVITY CTR GAS MAR 392614 56281637MAR21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 170.26 AQUATIC CTR GAS MAR 392608 56284078MAR21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 39.08 HUNTINGTON PK GAS MAR 392613 56346620MAR21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 562.60 CMF STRG BLD 3 GAS MAR 392611 56696487MAR21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 22.00 460 REFLECTION RD GAS MAR 392610 75761361MAR21 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 54.01 SWIM UNIT D GAS MAR 392609 78955218MAR21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 210.30 SWIM PK GAS MAR 392607 79512695MAR21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 557.52 HCSC GAS MAR 392606 79615332MAR21 1920.6256 UTILITIES-NATURAL GAS SENIOR CENTER 31.79 UTIL SAN LIFT 2 GEN GAS MAR 392624 91747147MAR21 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 2,234.63 GOLF GAS MAR 392623 96338967MAR21 5110.6256 UTILITIES-NATURAL GAS GOLF CLUBHOUSE BUILDING 29,689.51 308451 3/3112021 155993 CHAN,ERIC 196.85 UB REFUND 4943 142ND ST W 392337 20210326A 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 196.85 308452 3/31/2021 100878 CHARTER COMMUNICATIONS 8.42 CMF CABLE TV-MARCH 392375 835230604010892 1540.6237 TELEPHONE/PAGERS CMF BUILDINGS&GROUNDS MNTC 8MAR21 25.27 CABLE SERVICE-MARCH 392574 835230604012757 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 1MAR21 .21- GOLF SALES TAX ADJUST 392312 835230604052429 5110.6237 TELEPHONE/PAGERS GOLF CLUBHOUSE BUILDING R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308452 3131/2021 100878 CHARTER COMMUNICATIONS Continued... 8MAR21 .21 GOLF SALES TAX ADJUST 392312 835230604052429 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 8MAR21 89.85 SPECTRUM BILL TV-MARCH 392312 835230604052429 5110.6237 TELEPHONE/PAGERS GOLF CLUBHOUSE BUILDING _ 8MAR21 123.54 308453 3/3112021 151149 CHEM-AQUA,INC. 231.79 HCSC WATER TREATMENT PROGRAM 392394 7295665 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 231.79 308454 3/31/2021 100282 CINTAS CORPORATION - 17.00 AIR FRESHENER,TOWELS 392307 4079331334 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 72.60 MATS 392307 4079331334 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 42.32 CMF MATS 392389 4079745972 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 131.92 308455 3/31/2021 100096 CITY WIDE WINDOW SERVICES 32.14 WINDOW CLEANING 392397 692490 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 32.14 308456 3131/2021 155897 CLARKS GROVE-WASECA VETERINARY CLINIC LL 79.60 VET SERVICES K9 BERGIL 392348 470886 1281.6235 CONSULTANT SERVICES POLICE K-9 25.91 VET SERVICES K9 BERGIL 392356 471246 1281.6235 CONSULTANT SERVICES POLICE K-9 105.51 308457 3/31/2021 102832 CLUBPROCURE 160.00 SUBSCRIPTION DUES 392305 1120872 5105.6280 DUES&SUBSCRIPTIONS GOLF MANAGEMENT 160.00 308458 3/3112021 155980 COBBLESTONE REAL ESTATE 399.21 UB REFUND 15624 PILOT KNOB RD 392316 20210318A 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 399.21 308459 3/3112021 155979 COLEMAN,NIKKI 230.00 REFUND VOLLEYBALL LEAGUE REG 392573 20200316 1001.4356 COVID-P2 RECREATION LEAGUE ENTRY FEES GENERAL FUND REVENUE 230.00 308460 3/3112021 100510 CORE&MAIN 400.00 FAIL MXU READS RENT VXU 392324 N870432 5310.6310 2016101W RENTAL EXPENSE WATER METER F 'EPLACE/READNC R5SCKR2 _.0101 CITY OF APPLE .EY 3/31/202 3:22 Council Check Register by GL Page- 19 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308460 3/31/2021 100510 CORE&MAIN Continued... 400.00 308461 3131/2021 122019 CROWN RENTAL-BURNSVILLE 30,00 FORKLIFT PROPANE 392591 3386155 5215.6212 MOTOR FUELS/OILS ARENA 1 EQUIPMENT MAINTENANCE 30.00 308462 3/31/2021 143882 CULLIGAN 20.89 WATER 392386 803545 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 20.89 308463 3/31/2021 100777 DEX MEDIA EAST LLC 26.50 ADVERTISING-MARCH 392310 110115110MAR21 5105.6239 PRINTING GOLF MANAGEMENT 26.50 308464 3/31/2021 152830 DVS RENEWAL 22.25 POL PLATE RENEWAL-#31 392353 20210325 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 22.25 308465 3/31/2021 145240 ECOLAB PEST ELIM DIV 36.03 EDUBLDG-PEST CONTROL 392390 4159315 2092.6249 OTHER CONTRACTUAL SERVICES EDUCATION BUILDING FUND 36.03 308466 3131/2021 100166 FEDEX 199.06 FEDEX CHARGES 392306 730990713 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 199.06 308467 3/31/2021 150163 GALLS 139.98 CSO UNIFORM SHIRTS 392295 17910503 1295.6281 UNIFORM/CLOTHING ALLOWANCE COMMUN SERVICE OFFICERS(CSO) 9.99 UNIFORM FOR CSO 392344 17941602 1295.6281 UNIFORM/CLOTHING ALLOWANCE COMMUN SERVICE OFFICERS(CSO) 239.97 CSO UNIFORMS 392345 17973140 1295.6281 UNIFORM/CLOTHING ALLOWANCE COMMUN SERVICE OFFICERS(CSO) 389.94 308468 3/31/2021 101328 GOVCONNECTION INC 104_43 UPS BATTERIES 392300 71139296 1030.6725 CAPITAL OUTLAY-OFFICE EQUIP INFORMATION TECHNOLOGY 104.43 308469 3/31/2021 131225 HEGGIES PIZZA 248.26 PIZZA 392387 1190814015 5120,6420 GOLF-FOOD GOLF KITCHEN 248.26 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 • Council Check Register by GL Page- 20 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308470 3/31/2021 100684 HIRSHFIELDS INC Continued... 514.00 ATHLETIC FIELD MARKING PAINT 392578 93901N 1780.6229 GENERAL SUPPLIES PARK HIGH SCHOOL#4 FIELDS 1,199.60 ATHLETIC FIELD MARKING PAINT 392578 93901N 1715.6229 GENERAL SUPPLIES PARK ATHLETIC FIELD MAINTENANC 1,713.60 308471 3/31/2021 155981 HUERTA,SANDRA 54.34 UB REFUND 15468 EAMES WAY 392317 20210318B 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 54.34 308472 3/31/2021 100013 J J TAYLOR DISTRIBUTING CO OF 281.00 BEER 392388 3175566 5120.6419 GOLF-BEER GOLF KITCHEN 281.00 308473 3/31/2021 152648 JOHNSON CONTROLS FIRE PROTECT 268.00 SERVICE CALLALARM CITY HALL 392334 87574324 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 268.00 308474 3/3112021 120273 KENNEDY&GRAVEN CHARTERED 175.00 CABLE FRANCHISE CONSULTING 392331 159779 2012.6231 LEGAL SERVICES CABLE TV JOINT POWERS 175.00 308475 3/31/2021 100646 LAWSON PRODUCTS INC 32.73 PLOW BOLTS/HARDWARE 392380 9308279289 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 101.01 PLOW BOLTS/HARDWARE 392382 9308298028 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 133.74 308476 3131/2021 123957 MCWILLIAMS,TIM 23.00 WATER LICENSE-MCWILLIAMS 392384 20210314 5305,6280 DUES&SUBSCRIPTIONS WATER MGMT/REPORT/DATA ENTRY 23.00 WASTEWATER LICENSE-MCWILLIAMS 392384 20210314 5365.6280 DUES&SUBSCRIPTIONS SEWER MGMT/REPORTS/DATA ENTRY 46.00 308477 3/31/2021 100309 MENARDS 11,88- MATERIALS-SIGN ORGANIZER 392343 10916 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 45.38 MATERIALS-SIGN ORGANIZER 392369 10918 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 2.84 RESTROOM RENOVATION JC-EAST 392367 10923 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 3.96 MATERIALS-SIGN ORGANIZER 392342 10940 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 63.34 PICNIC TABLE REPAIRS 392286 12456 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 11.36- GOLF USE TAX 392309 12468 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 80.15 BRUSH ON BED LINER KIT 392309 12468 5155.6229 GENERAL SUPPLIES GOLF EQUIPMENT MAINTENANCE 96.36 DUSTPAN,TORCH,MISC SUPPLIES 392309 12468 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 23.57 TABLE REPAIR 392296 12491 1730.6229 GENERAL SUPPLIES PARK BUILDING' TENANCE R55CKR2 Ll ,. 101 CITY OF APPLL _EY 3/31/202 3:22 Council Check Register by GL Page- 21 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308477 3131/2021 100309 MENARDS Continued... 348.19 PICNIC TABLES REPAIR 392297 12545 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 2.37- GOLF USE TAX 392313 12612 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 2.37 GOLF USE TAX 392313 12612 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 34.44 2-2X10X8 392313 12612 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 119.94 SHOVELS QP 392298 12628 1715.6211 SMALL TOOLS&EQUIPMENT PARK ATHLETIC FIELD MAINTENANC 29.35 FOUNTAIN REPAIR SUPPLIES 392357 13167 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 824.28 308478 3/31/2021 100693 MN FIRE SERVICE CERTIFICATION 4,200.00 9 FF1,12 HZM,9 FF2 CERT TEST 392402 8552 1310.6275 SCHOOLS/CONFERENCES/EXP LOCAL FIRE TRAINING 4,200.00 308479 3/3112021 100345 MOODYS INVESTORS SERVICE 18,000.00 2021 BOND MOODYS CREDIT RATING 392398 P0367103 5305.6235 CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTRY 18,000.00 308480 3/31/2021 102092 MRPA - 25.00 ONLINE TRAINING 392392 20210325 1700.6275 SCHOOLS/CONFERENCES/EXP LOCAL PARK&RECREATION MANAGEMENT 25.00 308481 3/31/2021 128699 MUNICIPAL EMERGENCY SERVICES 40.00 DUTY PANTS 392332 IN1558436A 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 40.00 308482 3/31/2021 154712 OFFICETEAM 928.00 TEMP M.BUSCH WK END 3/19/21 392330 57339384 1021.6120 EMPLOYMENT AGENCIES FRONT DESK 928.00 308483 3/31/2021 110957 O'REILLY AUTOMOTIVE INC 5.19 GLASS CLEANER 392385 3245471111 1350.6229 GENERAL SUPPLIES FIRE VEHICLE MAINTENANCE 5.19 308484 3/3112021 156002 ORIGIN WINE&SPIRITS 180.00 WINE#1 00052759 392518 10783 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 370.00 WINE#1 00052759 392517 10784 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 224.00 WINE#3 00052759 392520 10854 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 96.00 WINE#1 00052759 392519 10902 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 192.00 WINE#3 00052759 392521 10949 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,062.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 22 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308485 3/31/2021 100372 PAUSTIS&SONS Continued... 232.00 WINE#2 00001291 392527 119949 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2.50 FREIGHT#2 00001291 392528 119949 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 106.00 LIQ#3 00001291 392531 119950 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1.25 FREIGHT#3 00001291 392532 119950 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 370.00 LIQ#1 00001291 392522 120179 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#1 00001291 392523 120179 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 406.00 WINE#3 00001291 392533 120556 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5.00 FREIGHT#3 00001291 392534 120556 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 188.00 LIQ#2 00001291 392529 121194 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 2.50 FREIGHT#2 00001291 392530 121194 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 80.00 LIQ#1 00001291 392524 121220 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 920.67 WINE#1 00001291 392525 121220 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 18.75 FREIGHT#1 00001291 392526 121220 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 320.00 LIQ#3 00001291 392535 121231 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 690.35 WINE#3 00001291 392536 121231 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 13.75 FREIGHT#3 00001291 392537 121231 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3,361.77 308486 3/31/2021 100262 PING 9.69- GOLF SALES TAX ADJUST 392311 15580790 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 6.30- GOLF DISCOUNT 392311 15580790 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 9.69 GOLF SALES TAX ADJUST 392311 15580790 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 10.00 GOLF FREIGHT 392311 15580790 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 135.69 BAGS FOR RESALE 392311 15580790 5115.6411 GOLF-BAGS&UMBRELLAS GOLF PRO SHOP 9.70- GOLF SALES TAX ADJUST 392322 15590632 5115.6411 GOLF-BAGS&UMBRELLAS GOLF PRO SHOP 6.30- GOLF DISCOUNT 392322 15590632 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 9.70 GOLF SALES TAX ADJUST 392322 15590632 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 10.00 GOLF FREIGHT 392322 15590632 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 135.70 BAG FOR RESALE 392322 15590632 5115.6411 GOLF-BAGS&UMBRELLAS GOLF PRO SHOP 278.79 308487 3/3112021 100383 PITNEY BOWES INC 1,415.34 FIN POSTAGE MACH LEASE-JAN-MAR 392396 3104578283 1035.6310 RENTAL EXPENSE FINANCE 1,415.34 308468 3/3112021 100790 POWERS,WILLIAM A 140.00 4 PR JEANS-B POWERS 392575 20210324 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 140.00 308489 3/3' _1 143336 PREMIER LOCATING INC R55CKR2 LL_.0101 CITY OF APPLL _EY 3/31/202 3:22 Council Check Register by GL Page- 23 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308489 3/31/2021 143336 PREMIER LOCATING INC Continued... 81.90 GSOC ELECTRICAL LOCATES 392376 41289 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 81.90 308490 3/31/2021 150643 RUE 38 592.00 WINE#1 00052178 392538 10141 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 7.50 FREIGHT#1 00052178 392539 10141 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 312.00 WINE#3 00052178 392542 10189 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 4.50 FREIGHT#3 00052178 392543 10189 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 312.00 WINE#1 00052178 392540 10190 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4.50 FREIGHT#1 00052178 392541 10190 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,232.50 308491 3/31/2021 155989 S&P GLOBAL RATINGS 15,750.00 2021 BOND S&P CREDIT OPINION 392399 11409692 5305.6235 CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTRY 1 ,750.00 308492 3/31/2021 132465 SAM'S CLUB DIRECT 14.11- CH SALES TAX ADJUST 392314 202103180818 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 14.11 CH SALES TAX ADJUST 392314 202103180818 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 89.98 CH CHANNEL LOC 392314 202103180818 1060.6211 SMALL TOOLS&EQUIPMENT MUNICIPAL BLDG&GROUNDS MNTC 138.17 SANITIZER WIPE 392314 202103180818 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 228.15 308493 3/31/2021 152568 SCENIC SIGN CORP 50.59 REFUND FOR SIGN PERMIT OVERPMT 392391 20210325 1001.4066 PERMIT-SIGNS&BILLBOARDS GENERAL FUND REVENUE 50.59 308494 3/31/2021 143896 SHAWN,JACK P 1,178.00 BASKETBALL OFFICIALS 1/20-3/17 392226 20210315 1870.6235 CONSULTANT SERVICES REC BASKETBALL 1,178.00 308495 3/31/2021 111161 SHRED IT USA LLC 19.84 ENGINEERING SHRED-IT 392349 8181684709 1510.6240 CLEANING SERVICE/GARBAGE REMOVPW ENGINEERING&TECHNICAL 19.84 PLANNING SHRED-IT 392349 8181684709 1100.6240 CLEANING SERVICE/GARBAGE REMOVDEV MANAGEMENT 59.53 INSPECTIONS SHRED-IT 392349 8181684709 1400.6240 CLEANING SERVICE/GARBAGE REMOVINSPECTIONS MANAGEMENT 99.21 308496 3/31/2021 155982 STANCZAK,ANDREW 19.51 UB REFUND 13080 ECHO LN 392316 20210318C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 19.51 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 3/31/2021 11:13:22 Council Check Register by GL Page- 24 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308496 3/31/2021 155982 STANCZAK,ANDREW Continued... 308497 3/31/2021 155983 TENTINGER LAW FIRM 54.77 UB REFUND 15000 GARRETTAVE 392319 20210318D 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 54,77 308498 3/31/2021 100470 TIME SQUARE SHOPPING CENTER II 1,561.02 LIQ1 CAM ESCROW-APRIL 392236 20210322 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 1,721.47 LIQ1 TAX ESCROW-APRIL 392236 20210322 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 11,500.00 LIQ1 LEASE-APRIL 392236 20210322 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 14,782.49 308499 3/3112021 100839 VALLEY-RICH COMPANY INC 4,940.90 202 CIMARRON RD WATER BREAK 392328 29198 5330.6269 REPAIRS-OTHER WTR MAIN/HYDRANT/CURB STOP MNT 5,096.38 MAIN BREAK 13643 FERNANDO AVE 392326 29206 5330.6269 REPAIRS-OTHER WTR MAIN/HYDRANT/CURB STOP MNT 6,297.23 7486 GERMANE TR WATER BREAK 392325 29231 5330.6269 REPAIRS-OTHER WTR MAIN/HYDRANT/CURB STOP MNT 16,334.51 308500 3/31/2021 155984 WANG,JULIA 98.31 UB REFUND 12644 DRIFTWOOD LN 392320 20210318E 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 98.31 308501 3131/2021 100521 WINE MERCHANTS 1,798.00 WINE#1 00022992 392562 7321069 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 248.00- CMWINE#1 00022992 392563 7321069 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 300.00 WINE#2 00022992 392565 7321070 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 252.00 WINE#3 00022992 392567 7321071 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 212.00 WINE#3 00022992 392568 7321072 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 144.00 WINE#1 00022992 392564 7322912 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 914.00 WINE#2 00022992 392566 7322913 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 496.00 WINE#3 00022992 392569 7322914 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3,868.00 308502 3/31/2021 102620 ZARNOTH BRUSH WORKS INC 389.80 HOLDER BROOM 392350 1837641N 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 389.80 329,297.06 Grand Total Payment Instrument Totals Checks 148,648.51 AP ACH Payment 180,648.55 R55CKR2 LL _.0101 CITY OF APPLE _EY 3/31/202 3:22 Council Check Register by GL Page- 25 Council Check Register by Invoice&Summary 3/25/2021 -- 4/2/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 329,297,06 Grand Total Payment Instrument Totals Checks 148,648.51 A/PACH Payment 180,648.55 Total Payments 329,297.06 ?CP viz�� � o z � R55CKS2 _.0100 CITY OF APPL. _EY 3/31/20', 3:28 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 3/25/2021 - 4/2/2021 Company Amount 01000 GENERAL FUND 82,361.39 02010 CABLE TV RESERVE FUND 417.45 02090 PARTNERS IN EDUCATION 1,795.33 02095 CENTRAL VILLAGE PARKING LOT 89.72 05000 LIQUOR FUND 55,868.25 05100 GOLF FUND 16,528.47 05200 ARENA FUND 17,445.72 05300 WATER&SEWER FUND 100,422.82 05500 STORM DRAINAGE UTILITY FUND 3,398.02 05600 CEMETERY FUND LEVEL PROGRAM 103.30 05800 STREET LIGHT UTIL FUND 35,424.31 07200 RISK MANAGEMENT/INSURANCE FUND 15,442.28 Report Totals 329,297.06 R55CKR2 L' ..101 CITY OFAPPLL _EY 4/7/2021 9:08 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23767 4/9/2021 100001 A&B AUTO ELECTRIC INC 123.00 AUGER MOTOR REPAIR#340 392731 72109 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 123.00 23768 4/9/2021 100101 ACE HARDWARE 4.19- DISCOUNT 393009 101310912991 1330.6333 GENERAL-CASH DISCOUNTS FIRE OPERATIONS 41.99 CO DETECTOR 393009 101310912991 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 4.88- DISCOUNT 393010 101310913371 1350.6333 GENERAL-CASH DISCOUNTS FIRE VEHICLE MAINTENANCE 48.80 (40)GAS MONITOR MOUNTS-BOLT 393010 101310913371 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE .49- DISCOUNT 393012 101380913191 1920.6333 GENERAL-CASH DISCOUNTS SENIOR CENTER 9.98 CHAULKING SUPPLIES 393012 101380913191 1920.6229 GENERAL SUPPLIES SENIOR CENTER 91.21 23769 4/9/2021 100389 ALPHAGRAPHICS 27.39 NAME PLATES-COUNCIL/MAYOR 392737 114596 1105.6229 GENERAL SUPPLIES DEV PLANNING COMMISSION 54.78 NAME PLATES-COUNCIL/MAYOR 392737 114596 1005.6229 GENERAL SUPPLIES MAYOR/CITY COUNCIL 183.73 BEAN BAGS SCOREBOARDS 392747 114631 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 265.90 23770 4/912021 100037 APPLE VALLEY COLLISION INC 2,355.00 230 BODY RPR 393005 46558 7205.6399 OTHER CHARGES INSURANCE CLAIMS 2,355.00 23771 419/2021 100609 ASPEN EQUIPMENT CO 50.81 UNIT 230 TAILGATE REPAIR 392644 10227378 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 50.81 23772 4/912021 100054 BAUER BUILT INC 155.45 TIRES MOUNTING #347 393000 518009593 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 619.64 TIRES#347 393000 518009593 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 775.09 23773 4/912021 100630 CASPERSON,PATRICK S 70.00 2 PR JEANS P CASPERSON 392764 20210218A 1920.6281 UNIFORM/CLOTHING ALLOWANCE SENIOR CENTER 49.84 MILEAGE,JAN-MAR-CASPERSON 392768 20210330 1920.6277 MILEAGE/AUTO ALLOWANCE SENIOR CENTER 119.84 23774 419/2021 101562 CDW GOVERNMENT INC 104.45 POS CASH DRAWER 392760 9749062 5120.6229 GENERAL SUPPLIES GOLF KITCHEN 104.45 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23775 4/9/2021 150664 CLUB PROPHET SYSTEMS Continued... 368.67 CLUB PROPHET POS TERMINALS 393020 2174APR21 5105.6211 SMALL TOOLS&EQUIPMENT GOLF MANAGEMENT 546.00 CLUB PROPHET POS APR 393020 2174APR21 5105.6249 OTHER CONTRACTUAL SERVICES GOLF MANAGEMENT 914.67 23776 4/9/2021 141474 COLE PAPERS INC. 360.36 TP./PAPER TOWEL CMF 392742 9965162 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 360.36 23777 4/912021 100102 COLLEGE CITY BEVERAGE 34.73- CMBEER#1 00000114 392790 54900565 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 134.88- CMBEER#1 00000114 392776 675691 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 10,359.55 BEER#1 00000114 392778 675692 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 48.85 TAX#1 00000114 392779 675692 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 2,825.45 BEER#2 00000114 392797 675694 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 24.25 TAX#2 00000114 392798 675694 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 112.85- CMBEER#3 00000114 392809 675695 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 8,489.95 BEER#3 00000114 392810 675696 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 134.00 BEER#1 00000114 392777 675964 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 25.60- CMBEER#1 00000114 392780 676427 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 7,892.30 BEER#3 00000114 392811 677320 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 10,265.75 BEER#1 00000114 392781 677404 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 51.60 TAX#1 00000114 392782 677404 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 21.99 NTAX#1 00000114 392783 677404 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 4,844.25 BEER#2 00000114 392800 677405 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 22.20- CMTAX#2 00000114 392799 677513 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1,350.00 BEER#1 00000114 392785 678241 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,410.00- CMBEER#1 00000114 392784 678244 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 129.40- CMBEER#1 00000114 392786 679029 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 5,950.70 BEER#1 00000114 392787 679030 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 21.99 NTAX#1 00000114 392788 679030 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 44.69- CMBEER#2 00000114 392801 679032 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,653.55 BEER#2 00000114 392802 679033 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 24.60 TAX#2 00000114 392803 679033 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 193.45- CMBEER#3 00000114 392812 679037 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 12.21- CMTAX#3 00000114 392813 679037 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2,551.55 BEER#3 00000114 392814 679038 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 51.60 TAX#3 00000114 392815 679038 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1,803.20 BEER#1 00000114 392789 680177 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 180.00 LIQ#1 00000114 392791 680588 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 11,976.05 BEER#1 00000114 392792 680817 5015.6530 BEER LIQUOR#1 STOr ?CHASES R55CKR2 Li,.-,6101 CITY OF APPLE BEY 4/7/2021 9:08 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23777 4/9/2021 100102 COLLEGE CITY BEVERAGE Continued... 184.89 TAX#1 00000114 392793 680817 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 21.99 NTAX#1 00000114 392794 680817 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,575.23 BEER#2 00000114 392804 680899 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 138.65 TAX#2 00000114 392805 680899 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 9,339.20 BEER#3 00000114 392816 680900 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 141.10 TAX#3 00000114 392817 680900 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 43.98 NTAX#3 00000114 392818 680900 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 23.25 LIQUOR 392646 681190 5120.6429 GOLF-LIQUOR GOLF KITCHEN 80.99 LIQUOR 392647 681191 5120.6429 GOLF-LIQUOR GOLF KITCHEN 180.00 LIQ#2 00000114 392807 682117 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 268.50 LIQ#3 00000114 392820 682118 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 5,787.80 BEER#1 00000114 392796 682648 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 5,074.50 BEER#2 00000114 392808 682649 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3,540.15 BEER#3 00000114 392821 682707 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 88.00 TAX#3 00000114 392822 682707 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 100.13- CMBEER#1 00000114 392795 682759 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 99.00- CMBEER#3 00000114 392819 682808 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 13.00- CMBEER#2 00000114 392806 682843 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 366.17 LIQUOR 392754 683482 5120.6429 GOLF-LIQUOR GOLF KITCHEN 306.00 BEER 392753 683584 5120.6419 GOLF-BEER GOLF KITCHEN 95,349.44 23778 4/9/2021 101431 COMMUNITY HEALTH CHARITIES 111.00 CHARITABLE GIVING 392425 33121836579 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 111.00 23779 419/2021 122849 DAKOTA COMMUNICATIONS CENTER 3,422.00- POL DCC CREDIT MAY 393025 AV202105 1200.6249 OTHER CONTRACTUAL SERVICES POLICE MANAGEMENT 82,048.00 POL DCC FEE-MAY 393025 AV202105 1200.6249 OTHER CONTRACTUAL SERVICES POLICE MANAGEMENT 78,626.00 23780 4/9/2021 101365 ECM PUBLISHERS INC 29.75 PH-MOBILE FOOD TRUCKS 392738 826561 1015.6239 PRINTING CITY CLERK/ELECTIONS 29.75 23781 4/9/2021 100685 EMERGENCY APPARATUS MAINTENANC 268.39 ROM SWITCH KIT 392751 116895 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 268.39 23782 419/2021 100407 EMERGENCY AUTOMOTIVE TECHNOLOG R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23782 4/912021 100407 EMERGENCY AUTOMOTIVE TECHNOLOG Continued... 252.88 SANDER LIGHTS#310 392732 NH03292132 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 252.88 23783 4/9/2021 100157 FACTORY MOTOR PARTS CO 25.30 AIR FILTER#246 392730 75403062 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 25.30 23784 4/9/2021 120313 FASTENAL COMPANY 346.13 CORDLESS IMPACT WTP 392637 MNLAK182932 5325.6211 SMALL TOOLS&EQUIPMENT WATER TREATMENT FCLTY MNTC/RPR 346.13 23785 4/912021 100217 GRAINGER,INC. 126.48 CRASH INTINUATOR PARTS 392718 9846958032 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 126.48 23786 4/9/2021 100491 GREATER TWIN CITIES UNITED WAY 10.00 CHARITABLE GIVING 392421 33121836575 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 10.00 23787 4/9/2021 120305 HITESMAN LAW P.A. 168.00 LEGAL-BENEFITS 392643 30540 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 168.00 23788 4/9/2021 137297 HUMERA TECH 745.00 SENIOR CNT MSTP WIRING PROBLEM 392756 210144 1920.6266 REPAIRS-BUILDING SENIOR CENTER 745.00 23789 4/9/2021 136639 IMPACT PROVEN SOLUTIONS 571.60 UB PRINT/MAIL BILLS 392632 152194 5305.6249 OTHER CONTRACTUAL SERVICES WATER MGMT/REPORT/DATA ENTRY 571.61 UB PRINT/MAIL BILLS 392632 152194 5365.6249 OTHER CONTRACTUAL SERVICES SEWER MGMT/REPORTS/DATA ENTRY 1,039.96 UB POSTAGE MAR 392632 152194 5365.6238 POSTAGE/UPS/FEDEX SEWER MGMT/REPORTS/DATA ENTRY 1,039.96 UB POSTAGE MAR 392632 152194 5305.6238 POSTAGE/UPS/FEDEX WATER MGMT/REPORT/DATA ENTRY 3,223.13 23790 4/912021 103314 INNOVATIVE OFFICE SOLUTIONS 53.66 AIR FRESHENER-GEN BLDG SUPPLIE 392771 IN3307468 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 105.34 PAPER TOWELS.TOILET PAPER,C 392775 IN3308228 5065.6229 GENERAL SUPPLIES LIQUOR#2 OPERATIONS 20.39 GARBAGE CAN LINERS 393011 IN3309658 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 179.39 R55CKR2 LL ..,101 CITY OFAPPL. _EY 4f7/2021 d:08 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23791 4/912021 100279 LAW ENFORCEMENT LABOR SERVICES Continued... 3,048.00 UNION DUES 392419 33121836573 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,048.00 23792 4/9/2021 100299 MASTER ELECTRIC CO 155.00 KITCHEN OUTLET REPAIR 392759 SD33591 5110.6266 REPAIRS-BUILDING GOLF CLUBHOUSE BUILDING 457.23 FANS MAINT BLDG 393024 SD33596 5145.6266 REPAIRS-BUILDING GOLF SHOP BUILDING MAINTENANCE 612.23 23793 419/2021 100302 MCNAMARA CONTRACTING INC 6,291.88 GARDENVIEW ST&UTIL PMT#7 392998 20210114A 2027.6810 2020104S CONSTRUCTION IN PROGRESS ROAD ESCROW 13,774.24 GARDENVIEW ST&UTIL PMT#7 392998 20210114A 2027.6810 2020104W CONSTRUCTION IN PROGRESS ROAD ESCROW 103,436.78 GARDENVIEW ST&UTIL PMT#7 392998 20210114A 2027.6810 2020104R CONSTRUCTION IN PROGRESS ROAD ESCROW 172.57 JOHNNY CAKE RD IMP PMT#9 392997 20210312 2027.6810 2017109W CONSTRUCTION IN PROGRESS ROAD ESCROW 188.06 JOHNNY CAKE RD IMP PMT#9 392997 20210312 2027.6810 2017109S CONSTRUCTION IN PROGRESS ROAD ESCROW 29,517.99 JOHNNY CAKE RD IMP PMT#9 392997 20210312 2027.6810 2017109R CONSTRUCTION IN PROGRESS ROAD ESCROW 70,494.10 JOHNNY CAKE RD IMP PMT#9 392997 20210312 2027.6810 2017109D CONSTRUCTION IN PROGRESS ROAD ESCROW 223,875.62 23794 4/9/2021 138249 MINNESOTA ENVIRONMENTAL FUND 10.00 CHARITABLE GIVING 392413 331218365713 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 10.00 23795 4/9/2021 100348 MTI DISTRIBUTING CO 11,144.70 TORO-WEED SPRAYER 392714 129147500 1610.6740 CAPITAL OUTLAY-MACH/EQ/OTHER STREET/BOULEVARD REPAIR&MNTC 11.144.70 23796 4/9/2021 146170 NEWMAN SIGNS INC 6,268.00 2021 SIGN ORDER 392660 TRFINV029311 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 6,268.00 23797 4/9/2021 111219 NORTHERN SAFETY TECHNOLOGY INC 15,378.79 SQUAD 912 UPFIT 392713 52157 7400.1750.048 TRANSPOR EQUIPMNT-4 YRS VERF-POLICE BAL SHEET 15,378.79 23798 4/912021 118834 OPEN YOUR HEARTS 41.00 CHARITABLE GIVING 392411 331218365711 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 41.00 23799 4/9/2021 147734 P&W GOLF SUPPLY,LLC 35.74- GOLF SALES TAX ADJUST 392638 INV73213 5125.6229 GENERAL SUPPLIES GOLF DRIVING RANGE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23799 4/9/2021 147734 P&W GOLF SUPPLY,LLC Continued... 35.74 GOLF SALES TAX ADJUST 392638 INV73213 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 39.95 PROXIMITY CARDS 392638 INV73213 5115.6229 GENERAL SUPPLIES GOLF PRO SHOP 5,489.32 MATS,TOKENS,TEES 392638 INV73213 5125.6229 GENERAL SUPPLIES GOLF DRIVING RANGE 5,529.27 23800 419/2021 141723 PRECISE MRM LLC 500.00 PLOW TRUCK GPS SERVICES(20) 393001 2001030282 1665.6249 OTHER CONTRACTUAL SERVICES STREET SNOW&ICE MATERIALS 500.00 23801 4/912021 144060 REACH 588.00 AVCC VIDEO DISPLAY ANNUAL LIC. 393016 72298 1900.6249 OTHER CONTRACTUAL SERVICES AV COMMUNITY CENTER 588.00 23802 41912021 100600 RIGID HITCH INC 271.94 BRAKE PARTS#237T 392720 1928501519 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 271.94 23803 4/9/2021 144815 RIHM KENWORTH 198.42 FUEL FILTERS KENWORTH TRUCKS 392727 2082452A 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 198.42 23804 4/9/2021 142782 RINK-TEC INTERNATIONAL 1,140.61 REFRIGERATION 1ST QTR 393019 4515 5265.6266 REPAIRS-BUILDING ARENA 2 BLDG MAINTENANCE-HAYES 380.00 HAYES COOLING TOWER CLEANING 392763 4516 5265.6266 REPAIRS-BUILDING ARENA 2 BLDG MAINTENANCE-HAYES 1,520.61 23805 4/9/2021 152480 RMB ENVIRONMENTAL LAB 70.00 WATER QUALITY LAB SAMPLE 392630 B001701 5505.6235 CONSULTANT SERVICES STORM DRAIN MNTC/RPR/SUMPS 70.00 23806 4/912021 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN 1,744.51 LIQ#1 00050756 392925 2058792 5015,6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,353.52 LIQ#1 00050756 392927 2058794 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 178.66 LIQ#1 00050756 392928 2058795 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 328.00 WINE#1 00050756 392961 2058796 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 539.96 LIQ#1 00050756 392929 2058797 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 36.00 WINE#1 00050756 392962 2058798 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 690.85 LIQ#2 00050756 392939 2058799 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 278.90 LIQ#2 00050756 392940 2058800 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 2,163.60 LIQ#2 00050756 392941 2058801 5055.6510 LIQUOR LIQUOR#2 STOP 'RCHASES R55CKR2 LL. . 101 CITY OFAPPLL _EY 477/2021 3:08 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23806 4/9/2021 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN Continued... 197.00 LIQ#2 00050756 392942 2058802 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,169.95 LIQ#3 00050756 392949 2058816 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,031,72 LIQ#3 00050756 392950 2058817 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,743.40 LIQ#3 00050756 392951 2058818 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 462.00 WINE#3 00050756 392967 2058819 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 199.48 LIQ#3 00050756 392952 2058820 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 269.98 LIQ#3 00050756 392953 2058821 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,757.30 LIQ#1 00050756 392930 2061372 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,590.21 LIQ#1 00050756 392931 2061373 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 747,65 LIQ#1 00050756 392932 2061374 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 853.00 WINE#1 00050756 392963 2061375 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 114.70 LIQ#2 00050756 392943 2061378 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 264.00 LIQ#2 00050756 392944 2061379 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 806.00 WINE#2 00050756 392966 2061381 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 458.80 LIQ#3 00050756 392954 2061393 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,126.93 LIQ#3 00050756 392955 2061394 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 96.00 LIQ#3 00050756 392956 2061395 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3,146.00 WINE#3 00050756 392968 2061396 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 11,796.36 LIQ#1 00050756 392933 2063709 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 90.00- LIQ#1 00050756 392934 2063709 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,974.61 LIQ#1 00050756 392935 2063710 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 112.00- CMLIQ#1 00050756 392936 2063710 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 168.00 LIQ#1 00050756 392937 2063712 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 116.00 WINE#1 00050756 392964 2063713 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 756,00 WINE#1 00050756 392965 2063714 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 3,770,64 LIQ#2 00050756 392946 2063716 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 198.00 LIQ#2 00050756 392947 2063717 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 503.35 LIQ#3 00050756 392957 2063758 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 6,028.82 LIQ#3 00050756 392958 2063759 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 112,50- CMLIQ#3 00050756 392959 2063759 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 593.95 LIQ#3 00050756 392960 2063760 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 526.00 WINE#3 00050756 392970 2063761 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 36.00 WINE#3 00050756 392971 2063762 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,045.80 LIQ#1 00050756 392926 20858793 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 264.00- CMLIQ#2 00050756 392945 64645 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 300.00- CMLIQ#1 00050756 392924 9246783 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 60.00- CMLIQ#2 00050756 392938 9246784 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 272.00- CMWINE#3 00050756 392969 9248554 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 120.00- CMLIQ#3 00050756 392948 9264790 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23806 4/912021 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN Continued... 51,531.15 23807 4/9/2021 100422 ST PAUL STAMP WORKS 49.70 NAME BADGE-TOM MELANDER 392736 IV00510280 1005.6229 GENERAL SUPPLIES MAYOR/CITY COUNCIL 49.70 23808 4/9/2021 120666 SYMBOL ARTS 747.75 BADGE REPLACEMENTS 45,28 392710 3698561N 1200.6281 UNIFORM/CLOTHING ALLOWANCE POLICE MANAGEMENT 747.75 23809 4/912021 137747 TAPCO 118.75 4.8V BATTERY PACK(ELVIN) 392752 1692976 1350.6216 VEHICLES-TIRES/BATTERIES FIRE VEHICLE MAINTENANCE 118.75 23810 419/2021 100471 TOLL GAS&WELDING SUPPLY 54.40 STAINLESS STEEL WELDING WIRE 392735 10398910 1530.6211 SMALL TOOLS&EQUIPMENT FLEET&BUILDINGS-CMF 54.40 23811 4/9/2021 153511 TOTAL MECHANICAL SERVICES INC. 808.78 OLY WATER FILL REPAIR 393015 20864 5265.6266 REPAIRS-BUILDING ARENA 2 BLDG MAINTENANCE-HAYES 808.78 23812 4/9/2021 137686 TOWMASTER LLC 341.47 BRINE VALVES FOR PLOW TRUCKS 392717 437271 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 341.47 23813 4/912021 100486 TWIN CITY GARAGE DOOR CO 168.00 GARAGE DOOR SEAL 392743 536028 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 230.32 REPAIR TO FS2 GARAGE DOOR#3 392773 Z172233 1340.6266 REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 221.00 REPAIR TO FS3 GARAGE DOOR 2&3 392774 Z172237 1340.6266 REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 619.32 23814 4/9/2021 131594 UNIVERSAL CLEANING SERVICES IN 591.00 CMF CLEANING SERVICE APR 392662 129759 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 1,995.00 MC CLEANING SERVICE APR 392661 129760 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC 440.00 COVID CLEANING/DISINFECTING 392663 129884 1060.6240 COVID-P2 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC 3,026.00 23815 4/912021 101123 USA BLUE BOOK 152.07 LUBING BOTTLES FOR HYDRANTS 392635 545766 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDP' " URB STOP MNT R55CKR2 Lt _.i101 CITY OF APPLE .LEY 4/7/2021 ,9:08 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 23815 4/912021 101123 USA BLUE BOOK Continued... 152.07 23816 4/912021 100496 VAN PAPER CO 255.82 BAGS#2 00008795 392972 56964500 5065.6229 GENERAL SUPPLIES LIQUOR#2 OPERATIONS 2.56- DISCT#2 00008795 392973 56964500 5065.6333 GENERAL-CASH DISCOUNTS LIQUOR#2 OPERATIONS 253.26 23817 4/9/2021 100834 VERSATILE VEHICLES INC 49.63- GOLF USE TAX 393022 54362 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 49.63 GOLF USE TAX 393022 54362 5155.6265 REPAIRS-EQUIPMENT GOLF EQUIPMENT MAINTENANCE 986.34 GOLF CART REPAIRS 393022 54362 5155.6265 REPAIRS-EQUIPMENT GOLF EQUIPMENT MAINTENANCE 986.34 23818 4/912021 100529 ZINCK,JAMES R 50.40 MARCH MILEAGE ZINCK 392766 20210329 5105.6277 MILEAGE/AUTO ALLOWANCE GOLF MANAGEMENT 50.40 308503 4/7/2021 147492 ACUSHNET COMPANY 8.04- GOLF DISCOUNT 392716 910573124 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 402.00 HATS FOR RESALE 392716 910573124 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP 25.92- GOLF DISCOUNT 392715 910573141 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 864.00 SHOES FOR RESALE 392715 910573141 5115.6416 GOLF-SHOES GOLF PRO SHOP 3.60- GOLF DISCOUNT 392651 910597772 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 180.00 HATS FOR RESALE 392651 910597772 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP 32.40- GOLF DISCOUNT 393008 910597802 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 1,080.00 SHOES FOR RESALE 393008 910597802 5115.6416 GOLF-SHOES GOLF PRO SHOP 5.40- GOLF DISCOUNT 392649 910622305 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 180.00 SHOES FOR RESALE 392649 910622305 5115.6416 GOLF-SHOES GOLF PRO SHOP 2,630.64 308504 41712021 100089 ADVANCE AUTO PARTS 5.94 LIGHT#336 392722 1594377572 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 13.52 REFLECTORS#237T 392724 1594378044 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 3.97 LIGHT#307 392721 1594378147 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 92.76 AXLE SEALS#237T 392723 1594378277 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 116.19 308505 4/7/2021 153995 AMAZON CAPITAL SERVICES 217.99 SIGN TRAILER BATTERY CHARGER 392719 1NK1NQRHQN1D 5390.6215 EQUIPMENT-PARTS SVVR EQUIPNEHICLE MISC MNTC/RP .37- GOLF SALES TAX ADJUST 392650 1 RNLWFJ699MH 5120,6229 GENERAL SUPPLIES GOLF KITCHEN R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308505 4/7/2021 153995 AMAZON CAPITAL SERVICES Continued... .37 GOLF SALES TAX ADJUST 392650 1RNLWFJ699MH 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 156.84 THERMOMETERS,SCALE,MISC 392650 1RNLWFJ699MH 5120.6229 GENERAL SUPPLIES GOLF KITCHEN 374.83 308506 4/7/2021 100023 ANDERSEN INC,EARL F 5,475.00 TRAFFIC SIGN POSTS 393004 1259141N 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 5,475.00 308507 4/712021 154253 APPLE FORD LINCOLN 27.97 BLEND DOOR MOTOR#246 392729 520828 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 21.18 SPARK PLUG#905 392725 521647 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 49.15 308508 417/2021 100747 ARAMARK UNIFORM SERVICES INC 1.32- JOSH C CREDIT 392741 629000111842 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 11.99 STR FIRST AID KITS 392741 629000111842 1600.6229 GENERAL SUPPLIES STREET MANAGEMENT 11.99 PK FIRST AID KITS 392741 629000111842 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMENT 11,99 CMF FIRST AID KITS 392741 629000111842 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 20.40 SHOP COVERALLS 392741 629000111842 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 23.20 PK COVERALLS 392741 629000111842 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 28.85 STR COVERALLS 392741 629000111842 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 5.99 UTIL FIRST AID KITS 392741 629000111842 5365.6229 GENERAL SUPPLIES SEWER MGMT/REPORTS/DATA ENTRY 6.00 UTIL FIRST AID KITS 392741 629000111842 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTRY 11.99 WTP FIRST AID KITS 392741 629000111842 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 131.08 308509 4/7/2021 156021 B R EDUCATION TRUST 113.50 UB REFUND 14332 GARRETTAVE 393029 20210401E 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 113.50 308510 417/2021 142663 BIBERDORF,TIM 200.00 BOOTS T BIBERDORF 392749 20210225A 1510.6281 UNIFORM/CLOTHING ALLOWANCE PW ENGINEERING&TECHNICAL 200.00 308511 4/712021 156019 BYRD,LARRY 48.05 UB REFUND 13735 HEMLOCK CT 393027 20210401D 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 48.05 308512 417/2021 116142 CARGILL INCORPORATED 8,695.00 BRINE MAKER UPGRADE 392656 2906103263 4002.6715 2021144G CAPITAL OUTLAY-BUILDINGS MUNICIPAL BUIL' 9 R55CKR2 LL. .0101 CITY OFAPPL. ._EY 4/7/2021 9:08 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308512 4/7/2021 116142 CARGILL INCORPORATED Continued... 61,450.00 BRINE MAKER UPGRADE 392657 2906103311 4002.6715 2021144G CAPITAL OUTLAY-BUILDINGS MUNICIPAL BUILDINGS 70,145.00 308513 4/7/2021 151149 CHEM-AQUA,INC. 231.79 HCSC WATER TREATMENT PROGRAM 392629 7269422 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 231.79 308514 4/7/2021 100282 CINTAS CORPORATION 3.84 RUG SERVICE 392772 4080396790 1920.6240 CLEANING SERVICE/GARBAGE REMOVSENIOR CENTER 35.76 RUG SERVICE 392745 4080396923 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 39.60 308515 4/7/2021 101344 CIT GROUP,THE 1,405.11 STAFF SHIRTS 393007 70527796 5105.6281 UNIFORM/CLOTHING ALLOWANCE GOLF MANAGEMENT 1,405.11 308516 4/7/2021 102507 COMPLETE COOLING SERVICES 1,940.00 HYD/TRAN COOLERS#303 392999 32803 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 1,940.00 308517 4/7/2021 150635 COSTAR REALTY INFORMATION,IN 3,119.10 COSTAR ANNUAL SUBSCR 392665 1135862281 1100.6235 CONSULTANT SERVICES DEV MANAGEMENT 3,119.10 308518 4/7/2021 122019 CROWN RENTAL-BURNSVILLE 30.00 FORKLIFT PROPANE 392765 3391615 5215.6212 MOTOR FUELS/OILS ARENA 1 EQUIPMENT MAINTENANCE 30.00 308519 4/7/2021 100114 CUB FOODS 28.93 WATER FOR AFS2 392750 202103251114 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 28.93 308520 4/7/2021 143882 CULLIGAN 137.55 WATER SOFTENER SALT 392761 157X00844907 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 137.55 308521 4/712021 100123 DAKOTA COUNTY FINANCIAL SERVIC 15,601.97 DOMESTIC PREPAREDNESS DUES 393014 40412 1290.6249 OTHER CONTRACTUAL SERVICES CIVIL DEFENSE MANAGEMENT 23,33 800 MHZ FEES(1) 392709 40531 1500.6249 OTHER CONTRACTUAL SERVICES PW MANAGEMENT 23.33 800 MHZ FEES(1) 392709 40531 1600.6249 OTHER CONTRACTUAL SERVICES STREET MANAGEMENT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308521 4/712021 100123 DAKOTA COUNTY FINANCIAL SERVIC Continued... 23.33 800 MHZ FEES(1) 392709 40531 1530.6249 OTHER CONTRACTUAL SERVICES FLEET&BUILDINGS-CMF 1,516.45 800 MHZ(65) 392709 40531 1330.6249 OTHER CONTRACTUAL SERVICES FIRE OPERATIONS 2,426.32 800 MHZ(104) 392709 40531 1200.6280 DUES&SUBSCRIPTIONS POLICE MANAGEMENT 23.33 800 MHZ FEES(1) 392709 40531 5305.6249 OTHER CONTRACTUAL SERVICES WATER MGMT/REPORT/DATA ENTRY 19,638.06 308522 417/2021 100434 DOUGHERTY MOLENDA SOLFEST HILL 10.50 CODE VIOLATIONS-MISC 392975 196598 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 51.71 AT&T REVIEW OF ASSIGNMENT-VALL 392976 196599 1000.2430 2005 ANTENNA LEASE ESCROWS GENERAL FUND BALANCE SHEET 620.52 VERIZON-VALLEYWOOD WIRELESS 392977 196600 1000.2430 2005 ANTENNA LEASE ESCROWS GENERAL FUND BALANCE SHEET 103.42 ORCHARD PLACE/ROCKPORT LLC 392978 196601 4502.6231 2020126G LEGAL SERVICES IMPROVEMENTS-ASSESSED 51.71 PANERA BREAD 392979 196603 4502.6231 2018168G LEGAL SERVICES IMPROVEMENTS-ASSESSED 73.50 GIFT CONTRACT-P.R. 392980 196604 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 129.28 AV EAST GOLF COURSE 392981 196605 1050.6231 2019149G LEGAL SERVICES LEGAL GENERAL SERVICES 155.14 CIDER RIDGE MARKETPLACE 392982 196606 4502.6231 2019141G LEGAL SERVICES IMPROVEMENTS-ASSESSED 1,257.77 TRADEMARK RENEWAL 392983 196607 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 439.55 AV COMMERCIAL PROJECT-SCANNELL 392984 196608 4502.6231 2019165G LEGAL SERVICES IMPROVEMENTS-ASSESSED 495.31 SEX OFFENDER RES ORDINANCE LAW 392985 196609 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 1,447.90 THE COVE AT LAKE FARQUAR PC20- 392986 196610 4502.6231 2020159G LEGAL SERVICES IMPROVEMENTS-ASSESSED 77.57 TEMPO HOMES SUBD 392987 196611 4502.6231 2020153G LEGAL SERVICES IMPROVEMENTS-ASSESSED 357.13 SUMMERS RIDGE/COBBLESTONE SR C 392988 196612 4502.6231 2020156G LEGAL SERVICES IMPROVEMENTS-ASSESSED 1,119.55 VILLAGE FOUNDERS CIR 2ND-ROER 392989 196613 4502.6231 2020160G LEGAL SERVICES IMPROVEMENTS-ASSESSED 180.99 AV SQUARE 6TH ADDN-REGENCY 392990 196614 4502.6231 2020161G LEGAL SERVICES IMPROVEMENTS-ASSESSED 11,628.25 ORCHARD PLACE 2ND/ROCKPORT LLC 392991 196615 4502.6231 2020158G LEGAL SERVICES IMPROVEMENTS-ASSESSED 1,719.98 2021 DATA PRACTICES REQUESTS 392992 196652 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 29,553.00 POL PROSECUTION SVC-APRIL 392634 66112720421 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 15,244.00 GEN CIVIL LEGAL SVC-APRIL 392633 66112730421 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 64,716.78 308523 4/7/2021 101387 EGAN 7,942.36 CITY COSTS/ADDITIONAL FIXTURES 392659 JC10219112 5805.6215 EQUIPMENT-PARTS STREET LIGHT UTILITY FUND 1,080.39 CLAIM#108092 392659 JC10219112 7205.6399 OTHER CHARGES INSURANCE CLAIMS 4,337.74 CLAIM#107610 392659 JC10219112 7205.6399 OTHER CHARGES INSURANCE CLAIMS 11,261.51 CLAIM#107999 392659 JC10219112 7205.6399 OTHER CHARGES INSURANCE CLAIMS 13,083.54 CLAIM#107290 392659 JC10219112 7205.6399 OTHER CHARGES INSURANCE CLAIMS 37,705.54 308524 4/7/2021 100166 FEDEX 449.81 FEDEX CHARGES 393006 731708000 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 449.81 R55CKR2 L.....J101 CITY OFAPPLL ..EY 4/7/2021 9:08 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308524 4/7/2021 100166 FEDEX Continued... 308525 4/7/2021 122094 FIRESIDE HEARTH&HOME 1.00 PARTIAL REFUND 13488 GENEVA 392712 20210326 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 28.12 PARTIAL REFUND 13488 GENEVA 392712 20210326 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 29,12 308526 417/2021 101328 GOVCONNECTION INC 731.01 UPS BATTERIES 392708 71144556 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 731.01 308527 417/2021 154809 HARDLINE EQUIPMENT LLC 774.45 CUTTING EDGE FOR MULTIHOG 393017 42202034 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 548.15 SHEAR BOLTS FOR MULTIHOG 393018 42202092 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 1,322.60 308528 4/7/2021 100925 HEMPHILL,KRISTIN 39,20 JAN-MARCH MILEAGE-HEMPHILL 392767 20210315 1825.6277 MILEAGE/AUTO ALLOWANCE REC SUMMER PLAYGROUND ACTIVITY 39.20 308529 4/7/2021 156020 HUSSAIN,SHAHAM 197.73 UB REFUND 12862 HAMLET AVE 393028 20210401C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 197.73 308530 4/7/2021 120553 INTEGRATED LOSS CONTROL,INC. 984.50 ANNUAL SAFETY TRAINING CMF 392739 14278 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 984.50 308531 4/7/2021 100255 JOHNSON BROTHERS LIQUOR 18.92- CMLIQ#3 00000109 392855 133910 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 42.01- CMWINE#1 00000109 392872 134583 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 15.00 LIQ#3 CREDIT USED TWICE 00000109 392853 137075A 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 18.60- CMLIQ#3 00000109 392854 139909 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 18.86- CMLIQ#1 00000109 392827 141024 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 25.29- CMWINE#1 00000109 392828 141024 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 8.83- CMLIQ#1 00000109 392832 141392 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 14.85- CMLIQ#1 00000109 392833 141393 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 6.67- CMLIQ#3 00000109 392862 141816 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 118.02- CMWINE#3 00000109 392863 141816 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 115.74- CMLIQ#3 00000109 392869 141982 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 26.15 WINE#1 00000109 392874 1513379A 5015.6520 WINE LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308531 4/7/2021 100255 JOHNSON BROTHERS LIQUOR Continued... 148.08 WINE#1 00000109 392870 1759634 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,366.50 LIQ#1 00000109 392823 1762916 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,508.90 WINE#1 00000109 392871 1762917 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 74.00 LIQ#1 00000109 392824 1762918 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,529.00 LIQ#1 00000109 392825 1762920 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,863.24 LIQ#3 00000109 392848 1762921 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3,343.15 LIQ#1 00000109 392826 1762922 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 916.27 WINE#1 00000109 392873 1762923 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 704.80 WINE#2 00000109 392880 1762924 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 650.10 WINE#2 00000109 392881 1762926 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 49.50 LIQ#2 00000109 392837 1762927 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 736.00 LIQ#2 00000109 392838 1762928 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 592.80 LIQ#2 00000109 392839 1762929 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 96.00 WINE#2 00000109 392882 1762930 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 840.39 LIQ#3 00000109 392849 1762931 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,970.60 WINE#3 00000109 392889 1762932 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 74.00 LIQ#3 00000109 392850 1762933 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,697.50 LIQ#3 00000109 392851 1762934 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,278.19 LIQ#3 00000109 392852 1762935 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 112.00 WINE#3 00000109 392890 1762936 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 549.00 WINE#1 00000109 392875 1764407 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,422.35 LIQ#1 00000109 392829 1767528 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,223.45 WINE#1 00000109 392876 1767529 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5,741.73 LIQ#1 00000109 392830 1767530 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,121.74 LIQ#2 00000109 392840 1767531 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 2,619.00 LIQ#3 00000109 392856 1767532 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 13,703.19 WINE#1 00000109 392877 1767534 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 225.65 LIQ#2 00000109 392841 1767535 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 5,805.07 WINE#2 00000109 392883 1767536 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 199.95 LIQ#2 00000109 392842 1767537 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 803.30 WINE#2 00000109 392884 1767538 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 177.50 LIQ#3 00000109 392857 1767539 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 8.00- CMLIQ#3 00000109 392858 1767539 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 90.00 WINE#3 00000109 392859 1767539 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 284.00 WINE#3 00000109 392891 1767540 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 239.00 LIQ#3 00000109 392860 1767541 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 321.43 LIQ#3 00000109 392861 1767542 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 9,869.89 WINE#3 00000109 392892 1767543 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 196.92 WINE#2 00000109 392885 1769084 5055.6520 WINE LIQUOR#2 STOCK PURCHASES R55CKR2 Lt...i6101 CITY OFAPPLL _._EY 4/7/2021 .9:08 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308531 4/7/2021 100255 JOHNSON BROTHERS LIQUOR Continued... 1,766.55 LIQ#3 00000109 392864 1772544 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,102.72 WINE#3 00000109 392893 1772545 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 9,360.71 LIQ#1 00000109 392834 1772546 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 9,724,86 LIQ#1 00000109 392835 1772547 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 4,105.62 WINE#1 00000109 392878 1772548 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 533.93 LIQ#2 00000109 392843 1772550 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 388,26 WINE#2 00000109 392886 1772551 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,547.25 LIQ#3 00000109 392865 1772552 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3,717.03 LIQ#2 00000109 392844 1772553 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 947.00 LIQ#1 00000109 392836 1772554 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,891.77 WINE#1 00000109 392879 1772555 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,010.20 LIQ#2 00000109 392845 1772557 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,041.75 WINE#2 00000109 392887 1772558 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 563.00 LIQ#2 00000109 392846 1772559 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 741.28 LIQ#2 00000109 392847 1772560 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 991.10 WINE#2 00000109 392888 1772561 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,676.35 LIQ#3 00000109 392866 1772562 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,783.80 WINE#3 00000109 392894 1772563 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,642.00 LIQ#3 00000109 392867 1772564 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 423.12 LIQ#3 00000109 392868 1772565 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 555.58 WINE#3 00000109 392895 1772566 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,163.58 LIQ#1 00000109 392831 177533 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 116,467.01 308532 4/7/2021 152648 JOHNSON CONTROLS FIRE PROTECT 394.00 RPR FIRE ALM CNTRL PANEL 392740 87607374 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 394.00 308533 417/2021 100646 LAWSON PRODUCTS INC 153.32 EAR PLUGS/ZIP TIES 392655 9308279288 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 282.96 PLOW BOLTS/HARDWARE 392655 9308279288 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 436.28 308534 4/7/2021 145429 LUBE-TECH&PARTNERS,LLC 250.20 DEF DISPENSING PUMP 393002 2578050 1765.6211 SMALL TOOLS&EQUIPMENT PARK EQUIPMENT MAINTENANCE 250.20 DEF DISPENSING PUMP 393002 2578050 1630.6211 SMALL TOOLS&EQUIPMENT STREET EQUIPMENT MAINTENANCE 250.20 DEF DISPENSING PUMP 393002 2578050 1350.6211 SMALL TOOLS&EQUIPMENT FIRE VEHICLE MAINTENANCE 250.20 DEF DISPENSING PUMP 393002 2578050 5345.6211 SMALL TOOLS&EQUIPMENT WATER EQUIPNEHICLE/MISC MNTC 250.21 DEF DISPENSING PUMP 393002 2578050 5390.6211 SMALL TOOLS&EQUIPMENT SWR EQUIP/VEHICLE MISC MNTC/RP 1,251.01 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308534 4/7/2021 145429 LUBE-TECH&PARTNERS,LLC Continued... 308535 417/2021 118337 MAHCO 50.00 MAHCO MEMBERSHIP FOR B PIERSON 393032 20210325 1013.6280 DUES&SUBSCRIPTIONS CODE ENFORCEMENT 50.00 308536 4/7/2021 138342 MANSFIELD OIL COMPANY 16,770.63 ON SPOT UNLEADED(8000 GA) 393003 22277342 1000.1520 INVENTORY-UNLEADED FUEL GENERAL FUND BALANCE SHEET 16,770.63 308537 417/2021 100309 MENARDS 83.75 STR CHAIN LUBE,WEDGE ANCHOR 392748 10915A 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 14.65 JC-EAST SHOP 392645 10944A 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 12.97 WALL ANCHORS 392640 12557A 5345.6229 GENERAL SUPPLIES WATER EQUIP/VEHICLE/MISC MNTC 60.93 SHOP STORAGE 392642 12934 5390.6229 GENERAL SUPPLIES SWR EQUIPNEHICLE MISC MNTC/RP 29.94 HAND SPRAYER 392757 13320 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 136.14 PK TRASH CANS,STENCILS,MISC 392746 13368 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 75.60 CART CONSTRUCTION QP 392744 13513A 1715.6229 GENERAL SUPPLIES PARK ATHLETIC FIELD MAINTENANC 413.98 308538 4/7/2021 144017 MENARDS-WESTSTPAUL 171.78 SHOP SHELVING 392641 34892 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 171.78 308539 4/7/2021 141813 MILLER,MYLES 75.00 BEER LINE CLEANING 392653 386 5120.6249 OTHER CONTRACTUAL SERVICES GOLF KITCHEN 75.00 308540 4/7/2021 143898 MN BUREAU OF CRIMINAL APPREHENSION 3,000.00 CJDN ACCESS FEE-1ST QTR 393021 649407 1200.6310 RENTAL EXPENSE POLICE MANAGEMENT 3.000.00 308541 4/7/2021 156022 MORTENSEN,SEAN 198.57 UB REFUND 7025 UPPER 139TH ST 393031 20210401A 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 198.57 308542 417/2021 155871 NORTH AMERICAN SAFETY INC 11.90 REPLACEMENT SAFETY EYE WEAR 392636 INV56347 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTRY 11.90 308543 4/7/ "."1 154712 OFFICETEAM R55CKR2 Ll,_,6101 CITY OFAPPLL _EY 4/7/2021 9:08 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308543 41712021 154712 OFFICETEAM Continued... 1,185,20 TEMP EE KOV.ACIC WEEK END 3/19 392664 57355541 1100.6120 EMPLOYMENT AGENCIES DEV MANAGEMENT 1.185.20 308544 4/7/2021 156023 OLSON,DAVE 365,89 UB REFUND 7797 157TH ST W 393030 20210401 B 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 365.89 308545 4/712021 100751 PHILLIPS WINE&SPIRITS INC 2,075.10 LIQ#3 USED AS CREDIT IN ERROR 00000106 392919 6168306A 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 706.75 LIQ#1 00000106 392896 6175464 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 592.01 WINE#1 00000106 392912 6175465 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,190.45 LIQ#2 00000106 392900 6175466 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 120.50 WINE#2 00000106 392916 6175467 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 676.33 LIQ#3 00000106 392903 6175468 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 99.25 LIQ#3 00000106 392904 6175469 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 113.00 WINE#3 00000106 392905 6175469 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 152.00 NTAX#3 00000106 392906 6175470 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 3,093.71 LIQ#1 00000106 392897 6178963 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,990.25 WINE#1 00000106 392913 6178964 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 872.50 LIQ#3 00000106 392907 6178965 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 96.00 WINE#3 00000106 392920 6178966 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 98.00 WINE#2 00000106 392917 6178967 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 72.00 TAX#2 00000106 392901 6178968 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1,042.50 LIQ#3 00000106 392908 6178969 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,318.75 WINE#3 00000106 392921 6178970 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 877.81 LIQ#1 00000106 392898 6182664 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,436.00 WINE#1 00000106 392914 6182665 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 86.30 TAX#1 00000106 392899 6182666 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 907.30 LIQ#2 00000106 392902 6182667 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,258.57 WINE#2 00000106 392916 6182668 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 853.37 LIQ#3 00000106 392909 6182669 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,246.21 WINE#3 00000106 392922 6182670 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 73.00 TAX#3 00000106 392910 6182671 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 51.80 NTAX#3 00000106 392911 6182671 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 7.00- CMWINE#2 00000106 392915 627423 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 28.25- CMWINE#3 00000106 392923 628518 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 23,064.21 308546 4/712021 100262 PING 9.42- GOLF SALES TAX ADJUST 392648 15602520 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308546 4/7/2021 100262 PING Continued... 2.64- GOLF DISCOUNT 392648 15602520 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 9.42 GOLF SALES TAX ADJUST 392648 15602520 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 141.42 HATS FOR RESALE 392648 15602520 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP 138.78 308547 4/712021 100316 POWER PLAN 301.36 FILTERS#337 392728 P7402070 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE Supplier 101708 RDO EQUIPMENT CO 301.36 308548 4/712021 156005 PREMIER ELECTRIC 359.60 PARTIAL REFUND 7465 160TH ST W 392711 20210324 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 359.60 308549 4/7/2021 101500 PREMIUM WATERS INC 38.19 WATER 392652 318065578 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 10.71 WATER 392755 318075921 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 48.90 308550 417/2021 132465 SAM'S CLUB DIRECT 17.52 WATER-ELVIN 392658 202102251120 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 1.31- FIRE SALES TAX ADJUST 392694 202103021423 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 1.31 FIRE SALES TAX ADJUST 392694 202103021423 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 19.69 TRASH BAGS EN2 392694 202103021423 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 37.21 308551 4/712021 101305 SEMA EQUIPMENT 178.44 CYL.STOP KITS TRACTOR PLOWS 392734 1488663 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 178.44 308552 4/7/2021 100829 SHAMROCK GROUP INC 145.75 BEVERAGE SUPPLY(GAS) 392758 2603099 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 145.75 308553 4/712021 111161 SHRED IT USA LLC 80.15 SHREDDING SERVICE 392631 8181693418 1250.6240 CLEANING SERVICE/GARBAGE REMOVPOLICE FACILITY 80.15 308554 4/7/2021 114799 TEE JAY NORTH INC 992 60 DOOR HANDLE POLICE ENTRY 392707 40043 1060.6266 REPAIRS-BUILDING MUNICIPAL BLD' 'ROUNDS MNTC R55CKR2 L,_._..,101 CITY OF APPL. -EY 4/7/2021 9:08 Council Check Register by GL Page- 19 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 308554 417/2021 114799 TEE JAY NORTH INC Continued... 992.60 308555 4/7/2021 111447 THE URBAN LAND INSTITUTE 200.00 ULI COUNCIL MEETINGS FOR CD 393026 3831559 1100.6275 SCHOOLS/CONFERENCES/EXP LOCAL DEV MANAGEMENT 200.00 308556 4/712021 100476 TOWN&COUNTRY GLASS 430.10 WINDSHIELD REPLACEMENT#902 392639 62452 1210.6265 REPAIRS-EQUIPMENT POLICE FIELD OPERATIONS/PATROL 430.10 308557 4/7/2021 100493 VALLEY BUICK GMC INC 119.78 DOOR HARNESS#416 392726 41599 5345.6215 EQUIPMENT-PARTS WATER EQUIPNEHICLE/MISC MNTC 119.78 308558 4/7/2021 152720 VERIZON 1,226.78 GPS(76)-JAN 392628 2349770 1530.6237 TELEPHONE/PAGERS FLEET&BUILDINGS-CMF 1,226.78 308559 4/7/2021 137404 WEATHER APPAREL COMPANY LLC,THE 991.02 STAFF CLOTHING 393023 A49957 5105.6281 UNIFORM/CLOTHING ALLOWANCE GOLF MANAGEMENT 991.02 308560 4/7/2021 101003 WINZER CORPORATION 96.70 MISC.NUTS&BOLTS,CONNECTOR 393013 6839103 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 96.70 MISC.NUTS&BOLTS,CONNECTOR 393013 6839103 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 96.70 MISC.NUTS&BOLTS,CONNECTOR 393013 6839103 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 96.70 MISC.NUTS&BOLTS,CONNECTOR 393013 6839103 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 96.70 MISC.NUTS&BOLTS,CONNECTOR 393013 6839103 5345.6215 EQUIPMENT-PARTS WATER EQUIP/VEHICLE/MISC MNTC 96.71 MISC.NUTS&BOLTS,CONNECTOR 393013 6839103 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/RP 33.06 WIRE FOR SHOP 392733 6841132 1530.6215 EQUIPMENT-PARTS FLEET&BUILDINGS-CMF 613.27 308561 4/7/2021 100363 XCEL ENERGY 61.32 SL ELECTRIC JCRR NORTH CR42 392762 5100130856011MA 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND R21 78.01 SL ELECTRIC-147TH&JCR 392769 5104562347MAR21 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 162.53 POL GUN RANGE ELECTRIC 392770 5158758142MAR21 1255.6255 UTILITIES-ELECTRIC POLICE GUN RANGE 301.86 20210336 318/2021 120679 U S BANK P CARD R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 20 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20210336 3/8/2021 120679 U S BANK P CARD Continued... 540.00 AVCC ZODY CHAIR 392258 240133910470022 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 01142188 Supplier 155951 FLUID INTERIORS(PCARD) 72.37 LUNCH FOR WEISHAAR,WOLF,BOOT 392259 240133910470022 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 25077121 Supplier 155953 JENSENS CAFA%o(PCARD) 41.07 LUNCH FOR WEISHAAR,WOLF,BOOT 392255 240552310477060 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 00027013 Supplier 155950 CAFA%a ZUPS EAGAN(PCARD) 9.76- POL SALES TAX ADJUST 392267 241374610431002 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 23777654 9.76 POL SALES TAX ADJUST 392267 241374610431002 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 23777654 146.72 AIR COMPRESSOR HOSE DBAY 392267 241374610431002 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 23777654 Supplier 148085 MENARDS(PCARD) 23.76 DO METER REPAIR SHIPPING 392257 241640710487412 5505.6265 REPAIRS-EQUIPMENT STORM DRAIN MNTC/RPR/SUMPS 06169449 Supplier 143773 FEDEX OFFICE(PCARD) 6.86- PK SALES TAX ADJUST 392279 241640710561050 1710.6210 OFFICE SUPPLIES PARK MAINTENANCE MANAGEMENT 02789264 6.86 PK SALES TAX ADJUST 392279 241640710561050 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 02789264 103.07 BULLETIN BOARDS 392279 241640710561050 1710.6210 OFFICE SUPPLIES PARK MAINTENANCE MANAGEMENT 02789264 Supplier 132732 STAPLES(PCARD) 132.49 REPLACEMENT AUDIO DA 392271 242316810560837 2012.6229 GENERAL SUPPLIES CABLE TV JOINT POWERS 02819001 Supplier 151268 FULL COMPASS SYSTEMS(PCARD) 8.64- IA1 SALES TAX ADJUST 392266 242707410489000 5215.6211 SMALL TOOLS&EQUIPMENT ARENA 1 EQUIPMENT MAINTENANCE 15422667 8.64 IA1 SALES TAX ADJUST 392266 242707410489000 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 15422667 129.79 AVSA SCRUBBER HOSE 392266 242707410489000 5215.6211 SMALL TOOLS&EQUIPMENT ARENA 1 EQUIPMENT MAINTENANCE 15422667 Supplier 150847 USA CLEAN INC(PCARD) 31.17 SPINNER PARTS 392395 242753910469000 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP MNT 11903513 Supplier 155952 HURCO TECHNOLOGIES(PCARD) R55CKR2 LC d101 CITY OF APPLE _LEY 4/7/2021 ,9:08 Council Check Register by GL Page- 21 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20210336 3/8/2021 120679 U S BANK P CARD Continued... 100.00 LE MENTAL HEALTH CONF-M SMITH 392253 244310610502006 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 96100011 Supplier 155949 AMERICAN SOCIETY OF LAWE(PCARD) 1.28- POL SALES TAX ADJUST 392268 244450010500005 1281.6239 PRINTING POLICE K-9 97396720 1.28 POL SALES TAX ADJUST 392268 244450010500005 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 97396720 19.27 PHOTO FOR K9 392268 244450010500005 1281.6239 PRINTING POLICE K-9 97396720 Supplier 125520 WALGREENS(PCARD) 4.68 OLYMPIA BATTERY WATER 392275 244450010544001 5215.6229 GENERAL SUPPLIES ARENA 1 EQUIPMENT MAINTENANCE 48418336 Supplier 102101 WAL-MART(PCARD) 84.50 DOT INSPECTION STICKERS 392276 244450010550007 1530.6399 OTHER CHARGES FLEET&BUILDINGS-CMF 16204214 Supplier 149267 MN STATE PATROL(PCARD) 35.08 WEB CERTIFICATE 392273 244921510488520 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 94515693 Supplier 154343 RAPID WEB SERVICES(PCARD) 610.00 PLAYGROUND SAFETYSCHOOL BRENNO 392260 244939810482077 1710.6275 SCHOOLS/CONFERENCES/EXP LOCAL PARK MAINTENANCE MANAGEMENT 21200012 610.00 PLAYGROUND SAFETY SCHOOL LERUM 392260 244939810482077 1710.6275 SCHOOLS/CONFERENCES/EXP LOCAL PARK MAINTENANCE MANAGEMENT 21200012 Supplier 151801 MN REC AND PARK(PCARD) 21.37- POL SALES TAX ADJUST 392256 246921610431002 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 32518688 21,37 POL SALES TAX ADJUST 392256 246921610431002 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 32518688 321.36 SOFTWARE LICENSING 392256 246921610431002 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 32518688 Supplier 154339 DRI IMOBIE INC(PCARD) 104.01 SPILL KITS TRUCKS 392277 246921610431002 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE 54903461 208.01 SPILL KITS TRUCKS 392278 246921610431002 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE 54903859 Supplier 100362 NORTHERN TOOL&EQUIPMENT(PCARD) 19.95 MOUSE 392252 246921610441007 1700.6210 OFFICE SUPPLIES PARK&RECREATION MANAGEMENT 69269308 Supplier 140339 AMAZON.COM(PCARD) R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 22 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20210336 3/8/2021 120679 U S BANK P CARD Continued... 35.99 SOFTWARE SUBSCRIPTION 392262 246921610481005 1200.6280 DUES&SUBSCRIPTIONS POLICE MANAGEMENT 90580101 Supplier 141272 MAILCHIMP(PCARD) 160.00 SHELF FOR TOOLS 392269 246921610491001 5390.6229 GENERAL SUPPLIES SWR EQUIPNEHICLE MISC MNTC/RP 47339463 Supplier 155955 LATE NIGHT WOOD SHOP(PCARD) 1.51- DEV SALES TAX ADJUST 392254 246921610491008 1100.6210 OFFICE SUPPLIES DEV MANAGEMENT 16128122 1.51 DEV SALES TAX ADJUST 392254 246921610491008 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 16128122 22.73 PRISMACOLOR PENS FOR LOVELACE 392254 246921610491008 1100.6210 OFFICE SUPPLIES DEV MANAGEMENT 16128122 Supplier 142133 BLICK ART MATERIALS(PCARD) 3.20- IT SALES TAX ADJUST 392263 246921610541005 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 74842619 3.20 IT SALES TAX ADJUST 392263 246921610541005 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 74842619 48.20 ONLINE MEETING SOFTWARE LIC 392263 246921610541005 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 74842619 34.77- IT SALES TAX ADJUST 392264 246921610551002 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 64831343 34.77 IT SALES TAX ADJUST 392264 246921610551002 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 64831343 522.77 ONLINE MEETING SOFTWARE LIC 392264 246921610551002 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 64831343 Supplier 155159 LOGMEIN GO TO MEETING(PCARD) 149.00 DRILL FOR SHOP 392281 246921610551009 1630.6211 SMALL TOOLS&EQUIPMENT STREET EQUIPMENT MAINTENANCE 44036743 Supplier 100362 NORTHERN TOOL&EQUIPMENT(PCARD) 24.45 METER BOXES 392270 247170510441504 5310.6229 GENERAL SUPPLIES WATER METER RPR/REPLACE/READNC 42743090 Supplier 146592 U-HAUL MOVING(PCARD) 137.48 PEPPERBALL TRAINING EQUIPMENT 392282 247554210561305 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 61245559 Supplier 144136 RSR GROUP INC(PCARD) 8.14- IA2 SALES TAX ADJUST 392265 247650110482000 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 00944209 8.14- IA1 SALES TAX ADJUST 392265 247650110482000 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 00944209 R55CKR2 .,,101 CITY OF APPLE LEY 4/7/2021 9:08 Council Check Register by GL Page- 23 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20210336 3/812021 120679 U S BANK P CARD Continued... 8.14 IA1 SALES TAX ADJUST 392265 247650110482000 5200,2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 00944209 8.14 IA2 SALES TAX ADJUST 392265 247650110482000 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 00944209 122.39 HAYES DRINKING FOUNTAIN FILTER 392265 247650110482000 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 00944209 122.39 AVSA DRINKING FOUNTAIN FILTER 392265 247650110482000 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 00944209 Supplier 137720 KULLY SUPPLY(PCARD) 48.98 INSTRUCTOR UOF SHIRT ZACH 392283 248019710472077 1200.6281 UNIFORM/CLOTHING ALLOWANCE POLICE MANAGEMENT 63408019 Supplier 144528 LA POLICE GEAR INC(PCARD) 155.39 PARTS-CHAINSAW 392251 248019710487268 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE 50562957 Supplier 141058 AHLBORN EQUIPMENT(PCARD) 24.22- POL SALES TAX ADJUST 392654 248019710507564 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 25218624 24.22 POL SALES TAX ADJUST 392654 248019710507564 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 25218624 364.20 MARBEN SWAT RIFLE SIGHT 392654 248019710507564 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 25218624 Supplier 155954 LEUPOLD&STEVENS(PCARD) 1.99- PK SALES TAX ADJUST 392280 249430110430101 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 85845562 1.99 PK SALES TAX ADJUST 392280 249430110430101 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 85845562 29.97 JCRPE SHED REPAIRS 392280 249430110430101 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 85845562 11.33- WQ SALES TAX ADJUST 392261 249430110510101 5507.6211 SMALL TOOLS&EQUIPMENT ALIMAGNET STM LIFT 84855033 11.33 WQ SALES TAX ADJUST 392261 249430110510101 5500.2330 DUE TO OTHER GOVERNMENT STORM DRAIN UTIL BALANCE SHEET 84855033 170.33 ALIMAGNET-SAW 392261 249430110510101 5507.6211 SMALL TOOLS&EQUIPMENT ALIMAGNET STM LIFT 84855033 2.14- CABLE SALES TAX ADJUST 392272 249430110540101 2012.6211 SMALL TOOLS&EQUIPMENT CABLE TV JOINT POWERS 91360198 2.14 CABLE SALES TAX ADJUST 392272 249430110540101 2010.2330 DUE TO OTHER GOVERNMENT CABLE TV RESERVE BALANCE SHEET 91360198 32.19 DRILL BIT,BOLTS&WASHERS 392272 249430110540101 2012.6211 SMALL TOOLS&EQUIPMENT CABLE TV JOINT POWERS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 24 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20210336 3/8/2021 120679 U S BANK P CARD Continued... 91360198 2.60- IA2 SALES TAX ADJUST 392274 249430110540101 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 91363242 2.60 IA2 SALES TAX ADJUST 392274 249430110540101 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 91363242 39.15 HAYES CEILING TILES 392274 249430110540101 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 91363242 Supplier 143525 HOME DEPOT STORE#2833(PCARD) 5,522,91 20210337 3/22/2021 148841 FURTHER 1,190.00 FLEXI SPENDING MEDICAL 2021 392995 39756577 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 1,190.00 20210338 3/29/2021 148841 FURTHER 9.00 FLEX SPENDING MEDICAL 2021 392996 39764029 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 9.00 20210401 4/5/2021 148015 EMPOWER 550.00 MN DCP-PLAN#650251 392414 331218365714 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 550.00 20210402 4/512021 148869 EMPOWER(HCSP) 373.83 SERGEANT HCSP FUNDING-GROSS WA 392416 331218365716 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,116.20 HCSP FUNDING-ANN LV/COMP 392416 331218365716 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,313.45 POLICE HCSP FUNDING-GROSS WAGE 392416 331218365716 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,371.34 ADMIN HCSP FUNDING-GROSS WAGES 392416 331218365716 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 4,174.82 20210403 4/512021 102664 US BANK 10,129.46 EMPLOYEE MEDICARE 392410 331218365710 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 10,129.46 CITY SHARE MEDICARE 392410 331218365710 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 30,314.54 EMPLOYEE FICA 392410 331218365710 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 30,314.54 CITY SHARE FICA 392410 331218365710 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 77,352.13 FEDERAL TAXES PR 392410 331218365710 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 158,240.13 20210404 4/212021 101238 MINNESOTA CHILD SUPPORT PAYMEN 478.00 CHILD SUPPORT DEDUCTIONS 392423 33121836577 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 117.50 CHILD SUPPORT DEDUCTIONS 392424 33121836578 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEAF 'AL SHEET R55CKR2 Lu_...,101 CITY OF APPLE _EY 4/7/2021 3:08 Council Check Register by GL Page- 25 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20210404 4/2/2021 101238 MINNESOTA CHILD SUPPORT PAYMEN Continued... 595.50 20210405 4/5/2021 100657 MN DEPT OF REVENUE 32,653.69 STATE TAX WITHHOLDING 392422 33121836576 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 32,653.69 20210406 4/5/2021 100392 PUBLIC EMPLOYEES RETIREMENT AS 66.57- ADJ PPE 4/9/21-ER PERA 392993 20210405 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 57.69- ADJ PPE 4/9/21-EE PERA 392993 20210405 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 53,899.43 EMPLOYEE SHARE PERA 392420 33121836574 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 70,938.21 CITY SHARE PERA 392420 33121836574 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 124,713.38 20210407 4/212021 148841 FURTHER 4,938.95 HSA EMPLOYEE FUNDING 392415 331218365715 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 4,938.95 20210408 4/1/2021 148841 FURTHER 312.53 HSA EMPLOYER FUNDING 392994 20210401 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 312.53 20210409 412/2021 151440 VANTAGEPOINT TRANSFER AGENTS 1,115.50 ROTH 457-PLAN#301171-FIRE TOO 392417 331218365717 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,115.50 20210410 4/2/2021 100240 VANTAGEPOINT TRANSFER AGENTS-457 FT 30,325.16 ICMA-PLAN#301171-FIRE TOO 392418 33121836572 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 30,325.16 20210411 41212021 126459 VANTAGEPOINT TRANSFER AGENTS-ROTH 3,122.29 ROTH IRA-PLAN#705481 392412 331218365712 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,122.29 20210412 4/6/2021 148841 FURTHER 988.32 FLEX SPENDING MEDICAL 2021 392974 39777200 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 988.32 1,262,920.30 Grand Total Payment Instrument Totals Checks 382,050.93 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 4/7/2021 10:49:08 Council Check Register by GL Page- 26 Council Check Register by Invoice&Summary 3/8/2021 -- 4/9/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 1,262,920.30 Grand Total Payment Instrument Totals Checks 382,050.93 EFT Payments 368,452.18 A/P ACH Payment 512,417.19 Total Payments 1,262,920.30 R55CKS2 L( 0100 CITY OF APPLL .BEY 4/7/2021 9:13 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 3/8/2021 - 4/9/2021 Company Amount 01000 GENERAL FUND 221,004.17 02010 CABLE TV RESERVE FUND 164.68 02025 ROAD ESCROW FUND 223,875.62 04000 MUNICIPAL BUILDING FUND 70,145.00 04500 CONSTRUCTION PROJECTS 15,561.21 05000 LIQUOR FUND 286,049.47 05100 GOLF FUND 15,015.62 05200 ARENA FUND 2,915.34 05300 WATER&SEWER FUND 6,197.17 05500 STORM DRAINAGE UTILITY FUND 264.09 05800 STREET LIGHT UTIL FUND 8,081.69 07200 RISK MANAGEMENT/INSURANCE FUND 32,118.18 07400 VERF-POLICE 15,378.79 09000 PAYROLL CLEARING FUND 366,149.27 Report Totals 1,262,920.30 • ITEM: 4.U. ..... .... Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Amending 2021 Pay and Benefit Plan Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Adopt resolution amending the 2021 Pay and Benefit Plan. SUMMARY: In order to encourage recruitment and retention of seasonal employees to meet departmental staffing needs for operating City pools for the 2021 season, staff recommends amending the 2021 Pay and Benefit Plan to reclassify the pay grades of certain positions in aquatics, and to temporarily increase the pay rates of certain positions in aquatics by $1.00 per hour for the 2021 season. BACKGROUND: Local and area residents and visitors have long relied on Apple Valley aquatics facilities for safe, fun, and affordable recreation and education opportunities for all ages. It takes a great many seasonal staff hours to manage and run these operations safely and effectively. Positions such as Lifeguards and Water Safety Instructors require special certifications and are essential to ensuring the health and safety of pool patrons. During the current COVID-19 pandemic, the City is experiencing unprecedented recruitment challenges for these positions. Contributing factors are the public health emergency, cost and availability for prospective employees to receive the necessary certifications, and competition with other area employers paying higher wages. Based on a review of job functions and local market pay rates, staff recoiruiiends amending the 2021 Pay and Benefit Plan to reclassify the pay grades of the following seasonal aquatic positions: • Lifeguard I from C-03 to C-05 • Lifeguard II from C-04 to C-06 • Head Guard from C-05 to C-06 • Water Safety Instructor from C-05 to C-06 • Concession Supervisor from C-07 to C-08 • Pool Manager from C-08 to C-09 In recognition of the unique recruitment and retention challenges posed by the COVID-19 pandemic and the City's desire to meet staffing needs to safely operate City pools, staff also recommends a temporary incentive of $1.00 per hour for the following aquatics positions during the 2021 season: Facility Attendant, Lifeguard I, Lifeguard II, Head Guard, and Water Safety Instructor. Parks and Recreation staff are also exploring the possibility of facilitating Lifeguard and/or Water Safety Instructor certification training for prospective employees in order to remove cost, travel, or other barriers for interested applicants. BUDGET IMPACT: Due to the state-mandated operational restrictions of reduced occupancy, if the City is able to recruit a full complement of seasonal aquatics employees (30-40 more currently needed), an end of year operating loss of approximately $65,000 is anticipated. If the City is unable to attract sufficient additional employees, staff will need to further modify the operational plan. This would include reducing occupancy even more and being closed on Mondays and Tuesdays, which is expected to result in an operating loss of approximately $300,000 at year's end. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION AMENDING THE 2021 PAY AND BENEFIT PLAN WHEREAS,the City Council of Apple Valley adopted Resolution No. 2020-176 approving the revised 2021 Pay and Benefit Plan; and WHEREAS, the city desires to amend the 2021 Pay and Benefit Plan to implement certain timely changes in order to enhance recruitment and retention to provide safe aquatics recreation and education services to the community. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the 2021 Pay and Benefit Plan is hereby amended as follows: 1. That, the following position pay grades are reclassified due to a review of job function and local market comparison pay rates: Lifeguard I from C-03 to C-05; Lifeguard II from C-04 to C-06; Head Guard from C-05 to C-06; Water Safety Instructor from C-05 to C-06; Concession Supervisor from C-07 to C-08; and Pool Manager from C-08 to C-09. 2. That, the pay for the following seasonal aquatics positions is temporarily adjusted by $1.00 per hour, effective April 24,2021 through the remainder of the 2021 aquatics season: Facility Attendant, Lifeguard I, Lifeguard II, Head Guard, and Water Safety Instructor. 3. That, staff is directed to amend the 2021 Pay and Benefit Plan document to reflect the changes approved herein. BE IT FURTHER RESOLVED, that all other items in the 2021 Pay and Benefit Plan remain unchanged. ADOPTED this 22nd day of April, 2021. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk •••• ITEM: 5.A. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Regular Agenda Description: Proclaim April 18-24, 2021, as "Volunteer Recognition Week" in Apple Valley Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Proclaim April 18-24, 2021, as "Volunteer Recognition Week" in Apple Valley. SUMMARY: As you know, the City of Apple Valley is very fortunate to have many volunteers serve our City. Their talents and skills have helped Apple Valley grow into the wonderful place it is in which to live and work. Staff recommends proclaiming April 18 through April 24, 2021, as "Volunteer Recognition Week" in honor and recognition of those who have and continue to serve the City of Apple Valley. The following volunteer Committee Members are recognized for length-of-service milestones and will be awarded marble apples: Noel Hammill, Parks & Recreation and Cemetery Advisory Committees - ten years Brenton Schulz, Parks and Recreation Advisory Committee - ten years Joe Shaw, Traffic Safety Advisory Committee - ten years BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Proclamation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, volunteers have enriched the life of our community through their concern, commitment, and generosity of spirit; and WHEREAS, the hard work and commitment of volunteers have made our community a better place in which to live; and WHEREAS, volunteers are a vital resource and have contributed to the health, education, welfare, recreation, culture, and environment of the City of Apple Valley; and WHEREAS, the City of Apple Valley wishes to thank its volunteers for their dedicated service and generous spirit. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, in conjunction with National Volunteer Week, hereby proclaims the week of April 18 through 24, 2021, to be: "VOLUNTEER RECOGNITION WEEK" in Apple Valley, and urges all citizens to recognize volunteers, who contribute their time, talent, and energy to our community. PROCLAIMED this 22nd day of April, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk •••• ITEM: 5.B. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Regular Agenda Description: Adopt Resolution Approving Temporary Amendment to On-Sale Liquor License Premises for Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews, 15560 Cedar Avenue Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution amending the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by temporarily amending the licensed premises to include an outside area for Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews, 15560 Cedar Avenue, subject to receipt of the necessary documents. SUMMARY: One of the conditions of an On-Sale Liquor License is that it is effective only for the area defined in the approved license. Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews, 15560 Cedar Avenue, has submitted an application for a temporary amendment to their liquor license by adding a temporary outdoor seating area to their licensed premises. Temporary amendments to the licensed premises will expire on December 31, 2021. The area requested is confined and contiguous as required by state law. The site plan depicting the proposed temporary outdoor dining/alcohol area or licensed premises is attached as Exhibit A to each resolution. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION AMENDING LIQUOR LICENSE FOR RED ROBIN GOURMET BURGERS & BREWS WHEREAS, the City Council, by its Resolution No. 2020-150, granted license number L-2021-12 for"On-Sale Intoxicating Liquor" and"Special License for Sunday Liquor Sales" for the year 2021 to Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews; and WHEREAS, said licensee has requested to amend its licensed premises as shown in Exhibit A, attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. Liquor License No. L-2021-12, as approved by Resolution No. 2020-150, is hereby amended to include the expanded licensed premises at 15560 Cedar Avenue, in Apple Valley, Minnesota, shown in Exhibit A. 2. All other terms and conditions of Resolution No. 2020-150 remain unchanged and in full force and effect. 3. The amended license shall not be effective until receipt of the necessary documents and the temporary outside dining area conforms to the approved site plan. ADOPTED this 22nd day of April, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk - - 5 -,r--- " --- - � - i -..- t -I. mill• -= 1 �1 a ` 1 1 -S r" IL f20 .— , 1 �. a 4,.E - CU o ►� _ L. . a r. inmr 4 ' ' k �CkC�D :11 • 0 « � _ 1 r . , P r a, D 0 0 C1 ._ , "Ye- - i0 as CO el0ro _ ' w Au Ilk A - mier _); 01: i;!;:...,::.-... 1:t ' ' 2 ••• ' : !‘l- ' ."' P 10 . x AI ,N _ , ... ....., . ..... 4..-_ ! I ', , W i ' cg, i m f,: I ti , x _090 -!:. -! -I CO '�f�.0 •... .'} --I \ [ •it 1 rum....) Red Robin — Apple Valley Red nobin 15560 Cedar Ave,Apple Valley, MN 55124 GOIIRMEE BURGERS BREWS •••• ITEM: 5.C. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Regular Agenda Description: Panera Bread Restaurant, 15200 Cedar Avenue Staff Contact: Department/ Division: Thomas Lovelace, City Planner Community Development Department Applicant: Project Number: Panera Bread, LLC, and Brixmor Property Group PC21-04-CB Applicant Date: 2/3/2021 60 Days: 4/3/2021 120 Days: 6/2/2021 ACTION REQUESTED: Staff is recommending the following: 1. Adopt a resolution approving a conditional use permit to allow for drive-through window service, including a rapid pick-up lane (RPU), in conjunction with a Class I restaurant on property located at 15200 Cedar Avenue and legally described as Lot 4, Block 1, Southport Centre. 2. Adopt a resolution approving the site plan/building permit authorization to allow for construction of a 4,300-sq. ft. Class I restaurant with drive-through window service on an existing 1.28-acre lot located at 15200 Cedar Avenue and legally described as Lot 4, Block 1, Southport Centre. SUMMARY: Panera Bread, LLC, and Brixmor Property Group are requesting approval of a conditional use permit and site plan/building permit authorization to allow for construction of a 4,300-sq. ft. Class I restaurant with drive-through window and rapid pick-up lane service on an existing 1.28-acre lot. The site is located at 15200 Cedar Avenue, in the Southport Centre retail development and is the current location of the Baker's Square restaurant. The site is located in zone 2 of Planned Development No. 244, which allows for Class I and II restaurants as permitted uses and drive-through window service in conjunction with a Class I and II restaurant as a conditional use. The applicant is requesting approval of a conditional use to allow for drive-through window service in conjunction with a Class I restaurant. This request will include one lane that will allow the customer to order from a menu board and pick up their order at the drive-up window, and a second lane, called a rapid pick-up (RPU) lane that allows a customer to order by means other than from an on-site menu board and pick up their order at the drive-up window. The RPU lane is an addition from what was approved in 2019. The second part of the request involves the demolition of the existing 5,738-sq. ft. Baker's Square restaurant and construction of a 4,300-sq. ft. restaurant. BACKGROUND: In 2018, an application was submitted for approval of a planned development ordinance amendment, conditional use permit and site plan/building permit authorization for the subject property. More specifically, the applicant requested the following: 1. An ordinance amendment to allow drive-through window in conjunction with a Class I restaurant in Planned Development No. 244/zone 2 2. A conditional use permit to allow for drive-through window service in conjunction with a Panera Bread Restaurant, located at 15200 Cedar Avenue. 3. Site plan/building permit authorization to allow for construction of a 4,820-sq. ft. restaurant with drive-through window service on a 1.28-acre lot. The three requests were recommended for approval by Planning Commission on January 9, 2019, and were approved by the City Council on January 24, 2019. The Planned Development Ordinance Amendment was adopted and incorporated in to the zoning code. However, no building permit was issued and the use allowed by the conditional use permit was never completed or utilized within one year, therefore, those approvals became null and void. The new request is asking for the following: 1. A conditional use permit to allow for drive-through window service and rapid pick-up lane (RPU) in conjunction with a Panera Restaurant. 2. Site plan/building permit authorization to allow for construction of a 4,300-sq. ft. restaurant with drive-through window service on a 1.28-acre lot. Comprehensive Plan: The subject property is currently designated "C" (Commercial) on the 2040 Comprehensive Plan Land Use Map. The commercial designation includes a wide variety of retail, office, and service uses that vary in intensity and off-site impacts. The City uses the zoning ordinance to regulate the intensity and characteristics of development based upon land use criteria and performance standards. Examples of limitations to development include required parking, building setbacks, infiltration, site access and lot coverage. Retail uses typically encompass the traditional community shopping businesses and occupy much of the downtown area. This specific commercial land use is intended to accommodate a wide range of commercial goods and services. Off-site impacts include activity, light, noise and generally higher traffic generation rates than other commercial uses. Residential developments are not allowed within this land use category except for those planned in conjunction with a planned development or within the upper floors of multi-level buildings as a conditional use to ensure that impacts are mitigated. Retail land uses will be zoned "RB" (Retail Business), "SC" (Regional Shopping Center), and "PD" (Planned Development), which allows uses according to the specific performance standards: • High quality site and architectural design and building materials are expected to be used within this land use category to promote pleasing off-site views of the development; Development in the downtown area shall adhere to the Downtown Design Guidelines; • Landscaping shall be installed to provide aesthetic treatment of buildings and to soften parking lot areas; • Significant traffic generation during the weekday and weekends is associated with retail development. Traffic studies may be requested in conjunction with the review of large developments that have the potential to threaten the integrity of the existing and planned roadway system. Additionally, developments that lower the level of service on adjacent roadways or intersections may be required to install traffic improvements to improve the level of service to its pre-development condition if City approval is granted. • Driveway access points to the development shall be from non-local streets or those designed for primarily non-residential traffic. No direct access to County Road 1712 and Cedar Avenue shall be allowed; and • Lighting is limited to parking lot and building illumination designed for employee safety. Zoning: The site is located in zone 2 of"PD-244" (Planned Development). The purpose of this planned development zone is to provide a mix of shopping center, freestanding retail and limited business uses, including restaurants. The proposed restaurant is classified as a Class I Casual Restaurant, which is a permitted use. Prior to 2019, drive-through window service was not a permitted, conditional, or accessory use in this planned development except as part of a Class II (fast-food) restaurant. In 2018, the applicant submitted a request for an amendment to the planned development ordinance to allow drive-through window service in conjunction with a Class I restaurant as a conditional use in zone 2. On January 9, 2019, the Planning Commission recommended approval of the proposed ordinance amendment and on January 24, 2019, the City Council passed an ordinance allowing drive-through window service in conjunction with a Class I restaurant in "PD-244/zone 2 subject to the following conditions: 1. The Class I restaurant shall be a freestanding building. 2. Only one Class I restaurant with drive-through window service shall be allowed. 3. All signage associated with the drive-through window service shall adhere to Chapter 154 of the Apple Valley Code of Ordinances. Conditional Use Permit: The applicant is requesting approval of a conditional use permit (C.U.P.) to allow for drive-through window service that will include a lane for ordering from a menu board and pickup at a window similar to what was approved in 2019. Another piece to this C.U.P. request is the addition of a second lane that allows a customer to order by means other than a fixed on-site menu board and pickup the order at the drive-up window. This is a relatively new service that allows customers to order and pre-pay online and pickup at a designated time. The submitted plans show that 8-10 vehicles will be able to stack up in each lane. The city code requires a minimum of six stacking spaces for each drive-up window. Site Plan: The site is currently occupied by 5,738-sq. ft. restaurant and 72 parking spaces on 1.28 acres. The applicant will be removing the existing structure, curb and gutter directly adjacent and to the east of the building, pavement, concrete sidewalks, surface parking spaces and landscaping in preparation for the construction of the new restaurant. In 2019, the City approved site plan/building permit authorization to allow for 4,820-sq. ft. building on the 1.28-acre site, as well as 23 new parking spaces, one 12-foot wide drive lane, and trash enclosure. Infiltration basins were to be constructed along the east, north and west side of the property, along with 48 existing parking spaces in addition to the 23 new spaces, that would provide parking for the restaurant. The approved plans showed an outdoor seating area located at the southwest corner of the site. Decorative fencing would be installed on the west and south side of the seating area, which would provide barrier between diners and vehicles exiting the drive-through lane. The applicant is now proposing to remove the existing building and 24 parking spaces and construct a 4,300-sq. ft. restaurant, two 12-foot wide drive-through window lanes on the east and north side that will morph into one lane along the west side of the building. Eight new parking spaces will be added and an infiltration basin will be constructed along the west side of the property. The applicant will make a connection from the drive-up lanes and west parking drive aisle will provide a drive-through window service escape lane. Direct vehicular access to the site's 56 parking spaces will be via an existing driveway that is connected to a private drive in the Southport Centre development. An existing cross access and parking easement with the property to the south will provide an additional point of access and parking for the restaurant. With regard to the number and location of the accessible (handicap) parking spaces, the Minnesota Accessibility Code requires three accessible spaces for parking facilities that have 51 to 75 parking spaces. The accessible space shall be located on the shortest accessible route of travel from adjacent parking to an accessible building entrance. Therefore, one additional accessible parking space will be needed. The site plan shows a 15-ft. x 63-ft concrete area in front of the building. This will be the location of a 30-seat outdoor dining area with pedestrian access from Cedar Avenue to the building's entrance. The pedestrian access shall have a minimum width of six feet. The patio site plan shows five three-foot tall bollards equally spaced along the south side of the outdoor dining area. Four poles, nine feet tall will also be installed along the south side, which will be used to string lights from the building. Decorative fencing should be installed around the perimeter of the outdoor dining area. A fencing plan shall be submitted and approved by staff prior to issuance of a building permit. The trash enclosure will be located in the northeast corner of the site. An 18-foot drive aisle will provide access to the trash enclosure. Parking lots with fifteen (15) or more parking spaces shall provide for parking for bicycles adjacent to the front of the building at a location that will not impede use of any sidewalk. The applicant shall be required to install a bike rack in front of building. The applicant has also submitted emergency vehicle and delivery vehicle circulation plans, which have been reviewed by staff. No issues were identified with the circulation patterns as proposed. Grading Plan: Minimal grading will be necessary to prepare the site for the new building. The City Engineer has reviewed the grading plan and his comments are contained in his attached memo. Issuance of a natural resources management permit and building permit shall be subject to the submittal of a final grading, drainage, and erosion control plan that shall be reviewed and approved by the City Engineer. Availability of Municipal Utilities: The City Engineer has reviewed the utility plans and his comments are contained in his attached memo. The applicant shall submit revised plans for staff review prior to any recommendation. Final utility plans shall be submitted for review and approval by the City Engineer prior to issuance of a of a natural resources management permit and building permit. Elevation Drawings: The original elevation plans indicate an exterior finish that will include a combination of brick and EIFS. Other features include aluminum canopies above the building entrance, rear service door, and drive-up window. A vertically ribbed metal material will be installed at the main entrance and drive-up window. The city code requires that all commercial buildings shall have a vertical exposed exterior finish of 100% non-combustible, non-degradable and maintenance-free construction materials (such as face brick or natural stone but excluding such such construction materials as sheet or corrugated aluminum, iron or concrete block of any kind or similar). Therefore, the ribbed material should be removed and replaced with brick at the entrance and drive-up window similar to what was shown at the entrance on the plans approved in 2019. The applicant has submitted revised elevation that shows the replacement of the ribbed material with brick. The applicant has provided elevations for the trash enclosure, which show a brick finish and a grey composite wood gate and service entrance. The enclosure's exterior finish is in conformance with code. The applicant has not identified the location of the building's mechanical equipment. All mechanical equipment shall be screened in accordance with section 155.346(B)(3)(a)(b) of the zoning ordinance. Landscape Plan: The landscape plan identifies a variety of plantings around the perimeter of the building and trash enclosure. The Natural Resources Coordinator has reviewed the proposed landscape plans and her comments are included in the City Engineer's attached memo. Revisions have been made and submitted for review by City staff. Staff finds the proposed revisions acceptable. City code requires that the minimum cost of landscaping materials (live plant materials, excluding sod) for commercial projects shall be 2.5% of the estimated building construction cost based on the Means construction data. Street Classifications/Accesses/Circulation: The property is located adjacent to Cedar Avenue to the west, and private drives to the north and east. No access shall be allowed from Cedar Avenue. The site plan shows that direct access will be from the private drive located to east of the site. A cross access/parking easement between this property and the lot to the south will provide additional access to the site. Pedestrian Access: The applicant is showing a sidewalk connection from the site to the sidewalk along Cedar Avenue. Signs: The building elevation plan identifies several signs and the site plan shows the locations of directional signage and drive-through window service menu boards. Approval of any signage is not part of this request. All signage shall conform to the regulations set forth in the planned development ordinance and Chapter 154 of the city code. Public Hearing Comments: A public hearing was held by the Planning Commission on March 17, 2021, The hearing was opened, no comments from the public were received and the hearing was closed. BUDGET IMPACT: N/A ATTACHMENTS: Resolution Resolution Memo Memo Location Map Comp Plan Map Zoning Map Plan Set Site Plan Elevations Elevations Presentation CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CLASS I RESTAURANT WITH DRIVE-THROUGH WINDOW SERVICE AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that a Class I restaurant with drive-through window service, including a rapid pick-up lane as regulated in Section A9-3 of the city code may be allowed within the confines of zone 2 of Planned Development No. 244 district and in accordance with specific performance standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for a Class I restaurant with drive-through window service has been requested by Panera Bread,LLC and Brixmor Southport Centre, LLC; 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 March 17, 2021; and WHEREAS,the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on April 7, 2021. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that a Conditional Use Permit for a Class I restaurant with drive- through window service, including a rapid pick-up lane,within zone 2 of Planned Development No. 244 be approved subject to compliance with all applicable City codes and standards, and the following conditions: 1. The Conditional Use Permit shall apply to property legally described as Lot 4, Block 1, Southport Centre. 2. Such operations shall be conducted in conformance with the site plan dated March 25, 2021, on file at the City Offices. 3. All signage associated with the drive-through window service shall adhere to Chapter 154 of the Apple Valley Code of Ordinances. 4. The Conditional Use Permit may be revoked for cause if the terms of(2) or(3) preceding are not adhered to. ADOPTED this 22nd day of April, 2021. 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 April 22, 2021, the original of which is in my possession, dated this day of , 2021. Pamela J. Gackstetter, City Clerk c:\program files(x86)\neevia.com\docconverterpro\temp\nvdc\594879712c456-472f-b1e5-f778e53942c5\apple valley.16113.1.cup_resolution.doc CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR PANERA BREAD RESTAURANT 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 on March 17, 2021 WHEREAS,the Apple Valley Planning Commission made a recommendation as to their approval at a public meeting held on April 7, 2021. 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 Panera Bread Restaurant 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 located at 15200 Cedar Avenue and legally described as Lot 4, Block 1, Southport Centre. 3. Construction shall occur in conformance with the site plan dated March 25, 2021, 2018, 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. 4. A bike rack shall be installed in front of the building. 5. Construction shall occur in conformance with the patio plan dated February 19, 2021; subject to the installation of decorative fencing around the outdoor dining area. 6. An outdoor dining area fencing plan shall be submitted and approved by City staff prior to issuance of a building permit. 7. Construction shall occur in conformance with the landscape plan dated March 25, 2021, (including sodded/seeded public boulevard area up to each street curbline); subject to submission of a detailed landscape planting price list for verification of the City's 2.5% landscaping requirement at the time of building permit application. 8. Construction shall occur in conformance with the elevation plan dated March 26, 2021; subject to the condition that all building exterior finishes shall be integrally colored. 9. All necessary mechanical protrusions visible to the exterior shall be screened or handled in accordance with Section 155.346 (3) (a) (b) of the city code. 10. 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. 11. The applicant shall submit a copy 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. 12. Installation of utilities shall occur in conformance with a final utility plan to be submitted for review and approval by the City Engineer. 13. Any infiltration basin and/or underground storm water infiltration system shall be constructed in conformance with the City standards. 14. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of any onsite infiltration area. 15. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of any underground storm water infiltration system. 16. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 17. 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. 2 18. 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 3:30 p.m. Saturdays only. 19. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. 20. Earthmoving activities shall not occur when wind velocity exceeds thirty(30)miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 21. 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. 22. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration,removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements,which have deteriorated due to age or wear, shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED 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 22nd day of April, 2021. Clint Hooppaw, Mayor 3 ATTEST: Pamela J. Gackstetter, City Clerk 4 S... ....• ... CITY OF Apple ii Valley MEMO Public Works TO: Tom Lovelace,Planner FROM: Brandon S. Anderson,PE, City Engineer DATE: March 11, 2021 SUBJECT: Panera Preliminary Plan Review per plans dated February 2nd, 2021 General 1. All work and infrastructure within public easements or right of way shall be to City standards. 2. Provide a narrative and site plan showing how the expansion will be constructed and any impacts prior to building permit authorization. The narrative and plan shall include the following: a. Material storage and staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and subcontractor parking locations i. Onsite trade parking should be provided. 3. No construction work shall begin prior to a preconstruction meeting conference with a Public works and a Building Inspections representative. 4. Public Work Department(952-953-2400) shall be notified a minimum of 48 hours for any required water main shut downs and/or connections. 5. City of Apple Valley Water Department shall operate all valves on public owned mains and valves connecting private lines to public owned mains. 6. The following City Detail Plates have recently been updated and need to be included in the plans: SER-6, SAN-2, SER-3, STO-65, and STO-7. Permits 7. A Minnesota Pollution Control Agency (MPCA)National Pollutant Discharge Elimination System(NPDES)permit is required for any project that disturbs more than one acre. Provide a copy of the executed permit prior to construction. 8. A City of Apple Valley Natural Resource Management Permit(NRMP)will be required prior to any land disturbing activity. 9. A Dakota County Right-of-Way permit will be required for work within the Cedar Avenue right-of-way. Provide a copy of the executed permit prior to construction. 10. Provide a copy of the approval letter from the Department of Labor and Industry(DOLI) prior to construction. 11. Provide a copy of any other required permits. Site 12. Final site plan shall be reviewed with the construction plans and approved by City Engineer. 13. The location of the monument sign is in the easement. No structures are allowed within drainage and utility easements. Grading,Drainage and Erosion Control 14. Provide overall site composite Curve Number(CN) on the plans. 15. The finished floor/low opening elevation must be 3' minimum above the 100-year high water level. 16. Show all emergency over flow(EOF) elevations and routing. The finished floor/low opening elevation must be 1' minimum above the EOF elevation. EOF route should be clearly identified on the plans. 17. The slope on the sidewalk that connects to Cedar Avenue cannot exceed 5.0%. 18. Proposed infiltration basin and associated rain guardian inlet device shall be privately owned and maintained. An infiltration basin Construction and Maintenance Agreement will be required as part of Development Agreement. 19. Proposed Underground Stormwater System shall be privately owned and maintained. An Underground Stormwater System Construction and Maintenance Agreement will be required as part of Development Agreement. 20. Provide a cross section for the Infiltration basin, include type and depth of filter media. 21. A portion of the storm water generated on site is bypassing the treatment by flowing to the existing catch basin on the south and should be regraded to direct impervious surface to treatment areas. 22. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer 23. The existing sanitary sewer service should be identified on the plans and shown as removed. The existing wye shall be capped as part of the removal. 24. Indicate the existing sanitary sewer pipe size and material at the connection point. 25. Confirm that the proposed sanitary sewer pipe grade meets the requirements specified in the Minnesota Plumbing Code. 26. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Water main 27. Apple Valley standard is 8' minimum cover for all public water main,please revise General Utility Notes. 28. Domestic water and fire service shall be split outside the existing building and the valves shall be located 1.5 times the height of the building away from the building or placed in location readily accessible per City of Apple Valley standard detail plate SER-6. 29. The existing water service should be identified on the plans and shown as removed back to the main. 30. Final water main design shall be reviewed with the construction plans and approved by City Engineer. Storm Sewer 31. Confirm that the existing catch basin near the south side of the site is adequately sized to allow for an additional 12"HDPE pipe connection at the proposed angle. 32. The existing storm sewer that is shown as being connected to is privately owned. An agreement between the property owners will need to be provided prior to the storm sewer connection. 33. Provide pretreatment device/s, such as a SAFL Baffle or approved equal and sump prior to discharging into the public storm sewer in an additional separate MH. Sump structures as shown in City"Catch Basin Manhole with Sump" detail STO-5S. Any sumps shall be privately maintained and routinely cleaned as the accumulated sediment will be from the private parking lots and roadways. EX-STRM-100 should be replaced with a new sump structure. 34. Provide storm water calculations and storm water management plan for review and approval by the City Engineer. 35. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 36. Project Drainage Report and plan set indicates site drains to Lac Lavon. Despite its proximity, the site does not drain to Lac Lavon, rather East Lake in Lakeville. 37. All existing ash trees at this property are infested with Emerald Ash Borer and shall be removed by the property owner in March 2021 under the City's Shade Tree Management regulations. a. The proposed landscape plan shows several of these ash trees as `Existing trees" with new plants surrounding them. The landscape plan shall be revised to incorporate additional trees in the islands to meet landscaping requirements. 38. The existing trees planted along Cedar Avenue shall remain and be protected throughout construction. 39. Tree planting is prohibited in public drainage and utility easements. Drainage and utility easements shall be clearly identified on landscape plan. 40. The proposed plant schedule is heavy on daylilies (36% of the schedule). The City encourages decreasing the daylily quantity and planting more of the other native species in the schedule a. Incorporation of additional native plants into the planting plan in place of cultivars and native cultivars will have additional water quality and pollinator habitat benefits. Kimley>>> Horn MEMORANDUM To: City of Apple Valley From: Alan Catchpool, P.E. Kimley-Horn and Associates, Inc. Date: March 26, 2021 Subject: Panera Preliminary Plan Review per plans dated February 2nd, 2021 Kimley-Horn has reviewed the comments provided by the City of Apple Valley dated March 11, 2021 and has modified the plans accordingly. The comments and responses are listed below. Responses to comments are in bold italics. GENERAL COMMENTS 1. All work and infrastructure within public easements or right of way shall be to City standards. Note added to sheet C400. 2. Provide a narrative and site plan showing how the expansion will be constructed and any impacts prior to building permit authorization. The narrative and plan shall include the following: Noted. This information will be provided later in the development process. a. Material storage and staging i. All material storage to be onsite and indicated on plan b. Haul routes to and from the site. c. Contractor and subcontractor parking locations i. Onsite trade parking should be provided. 3. No construction work shall begin prior to a preconstruction meeting conference with a Public works and a Building Inspections representative. Note added to sheet C400 & C600. 4. Public Work Department(952-953-2400) shall be notified a minimum of 48 hours for any required water main shut downs and/or connections. Note added to sheet C600. 5. City of Apple Valley Water Department shall operate all valves on public owned mains and valves connecting private lines to public owned mains. Note added to sheet C600. kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651-645-4197 Kim ey>>> Horn Page 2 6. The following City Detail Plates have recently been updated and need to be included in the plans: SER-6, SAN-2, SER-3, STO-65, and STO-7. Specified details are provided on sheet C701 & C700. PERMIT COMMENTS 7. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) permit is required for any project that disturbs more than one acre. Provide a copy of the executed permit prior to construction. Noted. 8. A City of Apple Valley Natural Resource Management Permit (NRMP)will be required prior to any land disturbing activity. Noted. 9. A Dakota County Right-of-Way permit will be required for work within the Cedar Avenue right- of-way. Provide a copy of the executed permit prior to construction. Noted. 10. Provide a copy of the approval letter from the Department of Labor and Industry (DOLT) prior to construction. Noted. 11. Provide a copy of any other required permits Noted. SITE COMMENTS 12. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Noted. 13. The location of the monument sign is in the easement. No structures are allowed within drainage and utility easements. Ongoing correspondence with Tom Lovelace, this is not a proposed structure but rather an existing structure. GRADING, DRAINAGE AND EROSION CONTROL 14. Provide overall site composite Curve Number(CN) on the plans. Curve numbers provided on sheet C300 & C301. 15. The finished floor/low opening elevation must be 3' minimum above the 100-year high water level. Noted. EOF labeled on sheet C500, located at east entrance. kimley-horn.com 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651-645-4197 Kim ey>>> Horn Page 3 16. Show all emergency over flow (EOF)elevations and routing. The finished floor/low opening elevation must be 1' minimum above the EOF elevation. EOF route should be clearly identified on the plans. Noted. EOF labeled on sheet C500, located at east entrance. EOF at elevation 949.44. 17. The slope on the sidewalk that connects to Cedar Avenue cannot exceed 5.0%. Noted. Sidewalk layout has been updated, see sheets C400 & C500. 18. Proposed infiltration basin and associated rain guardian inlet device shall be privately owned and maintained. An infiltration basin Construction and Maintenance Agreement will be required as part of Development Agreement. Noted. This will be completed later in the development process. 19. Proposed Underground Stormwater System shall be privately owned and maintained. An Underground Stormwater System Construction and Maintenance Agreement will be required as part of Development Agreement. Noted. This will be completed later in the development process. 20. Provide a cross section for the Infiltration basin, include type and depth of filter media. Cross section provided on sheet C500. 21. A portion of the storm water generated on site is bypassing the treatment by flowing to the existing catch basin on the south and should be regraded to direct impervious surface to treatment areas. Acknowledged. Redevelopment constraints and limited site grading make additional impervious capture impractical. 22. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Noted. SANITARY SEWER COMMENTS 23. The existing sanitary sewer service should be identified on the plans and shown as removed. The existing wye shall be capped as part of the removal. Noted on sheet C200. 24. Indicate the existing sanitary sewer pipe size and material at the connection point. Noted on sheet C200. 25. Confirm that the proposed sanitary sewer pipe grade meets the requirements specified in the Minnesota Plumbing Code. Noted. Minimum required pipe grade has been met. kimley-horn.com 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651-645-4197 Kim ey>>> Horn Page 4 26. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Noted. WATER MAIN COMMENTS 27. Apple Valley standard is 8' minimum cover for all public water main, please revise General Utility Notes. Note updated on sheet C600. 28. Domestic water and fire service shall be split outside the existing building and the valves shall be located 1.5 times the height of the building away from the building or placed in location readily accessible per City of Apple Valley standard detail plate SER-6. Noted. Water utility lines and valves have been revised, see sheet C600. 29. The existing water service should be identified on the plans and shown as removed back to the main. Water service to be reused. See sheet C600. 30. Final water main design shall be reviewed with the construction plans and approved by City Engineer. Noted. STORM SEWER COMMENTS 31. Confirm that the existing catch basin near the south side of the site is adequately sized to allow for an additional 12" HDPE pipe connection at the proposed angle. Existing south catch basin to be removed and replaced with a new 48"storm structure, see sheet C500. 32. The existing storm sewer that is shown as being connected to is privately owned. An agreement between the property owners will need to be provided prior to the storm sewer connection. Noted. 33. Provide pretreatment device/s, such as a SAFL Baffle or approved equal and sump prior to discharging into the public storm sewer in an additional separate MH. Sump structures as shown in City"Catch Basin Manhole with Sump" detail STO-5S. Any sumps shall be privately maintained and routinely cleaned as the accumulated sediment will be from the private parking lots and roadways. EX-STRM-100 should be replaced with a new sump structure. Noted. SAFL Baffle proposed in STRM-100 and a 3'sump in OCS-101. STO-5S added to construction details. kimley-horn.com 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651-645-4197 Kim ey>>> Horn Page 5 34. Provide storm water calculations and storm water management plan for review and approval by the City Engineer. Noted. The storm water management plan was previously provided. 35. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Noted. LANDSCAPE AND NATURAL RESOURCES 36. Project Drainage Report and plan set indicates site drains to Lac Lavon. Despite its proximity, the site does not drain to Lac Lavon, rather East Lake in Lakeville. Revised receiving body of water narrative on sheet C301 & C300. 37. All existing ash trees at this property are infested with Emerald Ash Borer and shall be removed by the property owner in March 2021 under the City's Shade Tree Management regulations. a. The proposed landscape plan shows several of these ash trees as "Existing trees"with new plants surrounding them. The landscape plan shall be revised to incorporate additional trees in the islands to meet landscaping requirements. Ash trees to be removed—see sheet C200. See Landscape Plan for new proposed trees. 38. The existing trees planted along Cedar Avenue shall remain and be protected throughout construction. Noted. Existing trees along Cedar Avenue are to remain, see sheet C200. 39. Tree planting is prohibited in public drainage and utility easements. Drainage and utility easements shall be clearly identified on landscape plan. Noted. Plans updated, see sheet L100. 40. The proposed plant schedule is heavy on daylilies (36%of the schedule). The City encourages decreasing the daylily quantity and planting more of the other native species in the schedule. a. Incorporation of additional native plants into the planting plan in place of cultivars and native cultivars will have additional water quality and pollinator habitat benefits. Updated plant species- see Landscape Plan. Thank you for the thorough review of the layout. Please contact me with any questions regarding the responses. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Alan Catchpool, P.E. kimley-horn.com 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651-645-4197 - fir' r 95D1TH ST W- —" - . „ ..=-_-• ) — r" .•1 e.-., ri. ,, 1; !! . Ft ,, 04-34. _," .., i, • ,,i -, 4....tc - '151 ST'ST'.W k►•a''t r �[ , :• , - I ' SITE , , ,-,i x• ' , I ' R; r 1 ' a.- a i-_•�1,1 i I t i:+K •. I • 1 two:11.%:. - r! ,,ivtli . .7 eir Apr , 1 /0 •..,. /.0 01,' .16.„ t. 4 4. I I 1 li • ;6. weirel ... 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KREQUEST �:4 -E =; ; . � u1 1141 r„N ..q. � - • ,,rifor.--1 1/_4-- '•@yi•O' ,ii ZONING MAPlir tr. P L � ,: "PD-244/zone 2" (Planned Development) . Cy E S ` SITE DEVELOPMENT PLANS 1 FOR 7y i 1 PANERA #1306 c .�� I p , = 15200 CEDAR AVENUE SOUTH = o d u 12,I. APPLE VALLEY, DAKOTA COUNTY, MN ik :$' '1i 1 PROJECT TEAM: I Sheet List Table in; .I 0 ,7 .� Shoal Number SheolTNe Spp1`..€ 1 4 • C000 T COVER SHEET A`-.£ 3 44 ENGINEER OWNER tr3 { � V1.0 ALTA $;fie KIMLEY-HORN AND ASSOCIATES,INC PANERA,LLC ; . 3 t 3630 SOUTH GEVER RD,SUITE 100 J C700 DEMO PLAN M7,11 ST.LOUIS,MO 63127 C301 EROSION AND SEDIMENT CONTROL PLAN �04:`§ E Kimley»>Horn TELEPHONE(314)-9842525 '. C301 EROSION AND SEDIMENT CONTROL PLAN !Svc g S 69 ; CONTACT:JUSTIN KNEPPER % min EROSION AND SEDIMENT CONTROL DETAILS PREPARED BY: G00 SITE PUN w Q i ALAN L,CATCHP P,E, �x• C401 EYEA0FHo1`VFMCLY Cg04MT1ONRM1 . S 767 EUSTIS STREET,SUITE 100 gyp �J 6 n l ST.PAUL,MN 55114 1]42 CEl1VER RS1 L OROAA1V4I'PLAN J 2 a 9 . , e 1. TELEPHONE(651)645-4197 • CS00 GRADING PUN a ' E n I 000 UTILITY PLY/ e I • C700 CONSTRUCTION DETAILS u i C701 CONSTRUCTION DETAILS EMI} L CORNERSTONE ARCHITECT SURVEYOR C702 CONSTRUCTION DETAILS W KIMLEY-HORN AND ASSOCIATES,INC. CORNERONE LAND SURVEYING.INC. L1oo LANDSCAPE PLAN I 767 EUSTIS STREET,SUITE 100 6750 STILLWATER BLVD.N. 'it SITE I ST.PAUL,MN 55114 STILLWATER,MN 55082 VICINITY L1al IANOSGPE DETAILSy F r TELEPHONE(651)645-4197 TELEPHONE(651)275-6969 0 3 CONTACT:RYAN HYLLESTED,P,LA CONTACT:DANIELL.THURMES,R.LS N.T.S. cc o . 0 NOTES: ZO 0 GEOTECHNICAL ENGINEER ARCHITECT 1. CONTRACTOR SHALL CONFIRM THAT THE EXISTING CONDITIONS FOR THE SITE MATCH o WHAT IS SHOWN ON THE ORAWINSS INCLUDED PRIOR TO CONSTRUCTION BRAUN INTERTEC ARCVISION 2 IF REPRODUCED.THE SCALES SHOWN ON THESE PLANS ARE BASED ON A ARCH MI bleed D 11001 HAMPSHIRE AVENUES 1950 CRAIG ROAD Ix400s 3600Inches)SHEET. 1 MINNEAPOLIS,MN 55438 ST.LOUIS,MO 63146 3. ALL NECESSARY INSPECTIONS ANOIOR CERTIFICATIONS REQUIRED BY CODES ANOIOR ce UTIUTY SERVICES COMPANIES SHALL BE PERFORMED PRIOR TO ANNOUNCED BUILDING TELEPHONE:(952)995-20M TELEPHONE:(314}-015-2325VICES. Z ! ALL GENERAL WORK TO E OF Z A } CONTACT:STEVEN B.MARTIN,PE CONTACT:MATTHEW HINCHCLIFFE 4 ALL GENERAL CONTRACTOR WORK TO BE COMPLETED(EARTHWORK,FINAL U11U11E5, AND FINAL GRADING)BY THE MILESTONE DATE IN PROJECT DOCUMENTS U Ip 99 WV O .GA/•ILiI..V K rE n o IS LL e i I E i Z z ct 1 '.- . i g .1Kew. ulbc[Dw. ESN Ma >< 1 E. Call xiolo nu cN. w 0. 6H C000 • • , r'.. •.. -.—.:.• LEGAL DEsonnaFt 1. 15200 CEDAR AVENUES. • 1.legal defer.Ion was provided The description shown hereon was i taken Nom DakOla Coti.y PrOparty Search Said description is listed per ... ..i/ P1. the address shown and per Dakota Count./Tan Id No 01-71050-01 040 • .... APPLE VALLEY,MINNESOTA be..s....sc.4..y.....L.,..-.L.......... • , . .., . • \l'.'-': -.... tRIAL AMA•1.1.1•11,WE.- •- - '..` .•-• • EASETA(EE NOTES: -.CONTACT: • .•".... . - . _ • ,. No litle informaliOn was provided for our review. CO EIVAITINEKI - • , n,,,,,„„SAL,,•„,•„,,,„,,,,,,0 irya, Ir.Iiinm dedicaled,shown on.e plat.Al SOUTHPORF CENTRE AM.? •• . E99 00 A20E,..31 easernenis of x hi.we ale unaware WANE!isi BeolonvIlle,AR 72712 ' - . - , Phone 479 273 9472 44' de. • ,e__ ..• 11 . SURVEY NOTES: COUNIV KITT • •• •r. • -.,1--: - •[ [ . — -I.BRINGS ARE BMFD ON TNE DAKOTA COUNTY COORDIN !M.ATE .. A.,11...C.Ore... -. ...., .L• .. ............iri ..... .. WEA 1.5E040E0:BEARINGS ARE DIFf ERENT.IAN SI!OWN ON 1. . . •=v LI "e- rn .d. • ••.„ THE RECORDED PLAT.ALL INTERN,.ANGLES MATCH THE - MI ..• . RECORDEO PLAT ANGLES • 2 Of UTILITIES SHOWN PER GOPHER STATE ONE CALL C.—,-1r- 0F.•• F dr . ••;' . f r LOCATES AND AS RUPEES PLANS PROVIDED BY THE CITY OP I .... . ... ..• APPLE VALLEY ENGINEERING WORKS DEPARTMENT .PPLIE VOA I-I..EV 0 • z r • ..... • ,.: . 1.04.0.is.5,./malKa..A...TA‘QM inSTW IR Itor..ro EA KcARP . , I• - • _:E FLOOD INFORMATION= ,IICIERTY MAP •• THIS PROPERTY LIES WITHIN THE UNSHADEO ZONE X AREAS . '.•'- -1.:-.' DETERMINED 10 Re OUTSIDE THE 0 2,6 ANNUAL C.NCE < I ••:.irg•--..... FLOODPEAIN PER AN UNPRINTE0 f MS FLOOD INSLRANIE ; • . I RATE.P NUMBER 2703 7CO202E TAKEN FROM FFMA FLOOD um.S.M.UJI.M.1011.*.MO • • . / • • . i i i... ! • 'i t ... t'd . ••..', ••1.1 . . . • .. n .: . .. ;.I ... . —,, . • I •-•• • num mi.XIvim!mo...41.4I.‘PUQ cur.uir -THIS PARCEL INCLUOING 5 HANDICAP STALL • . .. I... , FA . , '. . P INOT INCLUDING 1,2 STALL AT THE SOUTH END OF PARCEL, . .: -- ,• '..4'. • / . :. . I O .1— ." ' / / .#1:'•;.. ‘ rk • i.Tc.".; .-- BENCHMARKS: -1, • • • VI / • ..,.., ELEVATIONS RASE0 ON INFORMATION AS SHOWN ON THE •..... I P MNDOT GEODETIC WEBS!,SURVEY DISK DAKOTA RESET 14„ ""ii,th'Firsog'''' LIJ ... • , .0. -.. . . --27. . WON AN ELEVATION OF 952.1].WAS USED TO ESTABLISH - L • .,k.' ..•....". P. VERTICAL CONTROL FOR THIS SURVEY INAVD S. ...FIEV151101 Z .E., , 1 • A .1... . DATE REVISION ,,, .0 / •PI.0.•.0,I/ NC 44..11 > I.:i 11, %, . ..•0' ••• ..."......... ,,, VMDF NCROUNI)RI RI T IES Mni$ • • ,THE UNDERGROUND UTILITIES SHOWN HAVE BUN LOCAT PO FROM FIELD SIAM INFORMATION AND EXISTING DRAWINGS CLAIIIJCADON..• ., • to.....IP.....11.0.COA.0.11,Intl Dal. UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH ,. .1- .-. . .. • UTILITIENO/NE AREA EITHER IN SERVICE OR ABANDONED THE SURVEYOR FURTHER DOES NO1 WARRANT THA I THE CZ I ,. ., • • ,..e._ ' • ,• , , . L•vOIKAftdd1VTAITA5 Rk:••••AR,..ON.,IA...di% INDICATED ALTHOUCH HE DOES CERTIFY THAT TTIFY ARE i..LAL,ol um.,.inia ' WI .. . . .• . A LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE THE SURVEYOR HAS NOT . PHYSICALLY LOCATED DIE UNDERGROUND UTILITIES GOPHER .. . STATE ONE CALL LOCATE TICKET NUMBERISI 1E1283772 .,--,44 -4;...r.T, . ...• . SOkIE MAPS WERE RECEIVED,WHILE OTHER UTILITIES DID NOT or,. 06 0,,,,6 . RESPOND TO THE LOCATE REQUEST.ADDITIONAL UTILITIES OF ' . .• Z ..' WHICH WE ARE UNAWARE MAY EXIST.OTHER LITILOTES MAY •• - • EXIST ON THIS UTE THAT WERE NOT MARKED UP RIME(I LOCATION: . i , v.„, ..“....••••••• . . i r• • •'' Z• i tAlb FOOSerilate One Call 1 1 5200 • •$,,-• ---.-- rz.:-....Lz- i ._ CEDAR AVE. S. r• t' \ PID#01-71 050-01-040 , , - . .. • •. . - - .. . P. 1.,. • • '.1..9,52 OF 1 Z 11 10 •• -• .• • • / . Z,L11'.:•1713••V. l•=16 6750 31111water=:a! • ' `:',".:'",—.` % :::-., SIOnatep.1.1H S5.062 • :::=7," •'' 7......:.,...... ,ram.]275 11976 •• . . ..:.,171,- .... I \Phone 651..275.7 flapv. •ylinvel, ' . • \ ,...,.... .... • - . . ‘\ \' .. ,,,,,)M11111...1.4 , .1•r•••,.. • ,,,,,..,,,,,, • " "...." CORNERSTONE •- ......, . .„,,,„,,„,,.., LAND SURVEYING,INC Vs ••••••••-•••••-•••, „•••,,„..........,•„,,,,, o zo 40 - •• Mal IIIMMMr • I .. 9..•., ra on A.. NORTH I ••••••••••••• nAlatE.W 4.11.1.1,1 , .... i r• CERTIFICATE OF - . '. .........- SURVEY —. Z 5L LEGEND b _`Rsauwso To eE REMorEoro rHe Mari c..... , .X.4 £ �- � aEMna.a.oexMa i rxx X� i. .. .. .. to ®�• :®_ •ISIM unarm. 1; • • donadenneuhn yi 1 i L „3 i • I I. it''' ',1 2 r 7�� otl:�$ ; •,.' '': : ,,:,,-.,-:. r 0 efIN I IN ' i f, I • S x . S off—,r--1s ... ,W i �.„ i fl. a g" , ..�e,n. ,eo,. 1 I 1I. a ; .• - E ;.a. .n.i .0._ . r•.,TA jJ,.::arsy'. Fi I �..b_ I•' fr7 f"- ..... goad -°a!1 L _ JII �I� filf�f . I DEMOLITION PLAN NOTES la' ep�Ls i;i AL vrrri • m . •..".�.,. ... I KEYNOTE LEGEND n�nrn.,. a,axrToa..n.,..,..n.e..cam'k,.xn.,w,...MRTIEreo,..T 1'sAi LL E I '�-Rv1'R�F"iF'1t•1'R'K'K rv.r.M ® ,Y I O REMOVE E%ISTING BUILDING FOOTINGS, .nunx,o 2 n 1 M.w.N. ���CGG 1 RWNDATIaN56 A550CIA"TTL,F VICES .ECEins a=ournucorw,Exws, 7724.w:1ExsgEnsew,.mc I~ i % 1 m i'.i. i !WWM.It OMOVE BITUMINOUS SURFACE n RA } .... O N/ VV45 . `_ .r, ,[J I CO REMOVE CONCRETE6UREACE En5Firrvncoonnn.nwvwMm.nni.c.rcrrxnr..a.e.wnion>r.cm uc,a g1ai L 1 f. :IR''f , y 1 ¢ Qo REMovE Exlsrwc TREE.TrP. M:rM�E:,«E "E -` O � 1 _--ri.— I QE REMovE Exlsrwc urarry �a^^^=,annnEarmn..Erax rA..oa.aE:.wno,.,aE. 0 I P• -_ I O REMovE Exlsrwc sTRucruRE u.:TwaummE.w,xxa..xE.a o'rnmaeEovann nv`a.rwlEe rae`ou,Ia°°` Z s f 1 nw. — �_• ��� }„� l i Oc PRorEcr Exlsrwc srRucruRE wn f I ._.._ .. _._._._ _.�._ T_-- O REMOVE EXISTING SIGN e.Eax.nEe.onaw 417.e. o.EuwuauE SEeMc.lli c.nac.n.z a I 40 _-• —_--- �°— p PRGTEGT ExISrwG DTILITT 0 a,E,E aEa ,EMrE.E..naNx nM.�,nE,xEE�a,a,E.E.a x a..E.�ATE iii ooa,�I,TEnr „.MrEarEnxn,maoa.µr.nEa.,E,I.E a,.Er.aMnEnEa nE,a., na,a.a�.nn.rwn�TMEnn,m�rrµrlE wo I xecESE.wrmrxanoEecuaES MIN NO'R nun.nrsemee cw,IMcrwwLTION nacE ry _ „ ,,,, mGTECT EwsnrvccuaRa GUTTER ,,.Ex.Iow.oEu:,«oan,IOE,,.�.w.r.a.n.x.�,aE.w,,.wena.w„ene..w W L _ __ _ 1 Ti_ __ __. PRGTEGTEXSTwGHrDRANT aM.,...oa.nn„EnnM.an EM wrZ ._ -- OL REMOVE E%ISTINGCONCRETE CURRSGUITER Ve..Er.auoreaxnµEat=ltilrZEss «sE TExeueTEoaviu. ExzT ArrTUE O i ._-- --_•- --- �l •-.•-_-- O REMOVE V4YM'�II REIIf�H4 F.�IY.c LICMr LL crnsr wu�� ww�a wunri �. ..rw.Mn wnnn U POLE,SEf IIII A+N FORaIFB t&TION 7 iI{ 1 .—.. ._. ._.._. �._... ,.�_M1 O REMOVE Exlsnrvc RGunno nwo..rCx.xTE,amEcwIOCOC .T...n.:ii`:.ra.a:.E.w.. I- i u1 At. III ,�L,—,--_— E �— —� �-- ------- OO REMOVE EXISTING BLOCK RETAINING WALL nsv x ...M1t MRXn.....[rnr.n I i 1 QP PROTECT EwsnNCTREE rr..�Iw. w u" SS Awrw.vwwYwr+rxwi 0 s E. I -- p PRGTECTEXISTINCRENCH r w..`"" 0 a I1 'Ilk O REMOVE CONCRETE STAIRS r...cw.n..wvw ••v....^er.rcEnasox4u canx.cTan x.econoAuc.wm O D: ® R MOVE,SALYMW MIIEIR6YOLL CITY SIGNS,SEE z Z + SITE PLAN FOP fELpGI11Lry Q E % ® REMOVEEXIGTINGLIGHIPOLE,FWNDRTWNAND MErEeo� nEe1meo Tixorl renmEEn E roocv Emz ewT.wnssw.r } C 3' FI%TURE SALVAGE POlE6 FIXTURE. o •r u r .c ac Q � HIC SCALE IH FEET '� `p ip ha w B eImrc ews+alo.xrtraareiarla�noTa .aT,,.n...�n�Ea.......oaanrwma...r.a..,r,oa,nE Enr.,EEx r.na.nE.a ? . 1 O .9FYOOIC f OI1.11G S..YC 1SSIART QYA R — V 9EN+1;(n5mr..."".".. ' n''''Mx.x''''''n near'.' w se...''.I I x 1 TxErxEEa raeE.eµoaxEn.,mEMTE.x.R a C200 I • I , r I I . 1 I ' 1 I '''..1 LI-- .- --- - - 1 I _ _\ __ . . .' 'F.1 LEGEND 1 1 WAIN ORIN — ''' , I _._.__. .......,,,,, 5 1 1 II I BI I UMINOU,0RIV11E PRIVI 1 ! I •• =, • I EROSION CONTROL PLAN NOTES --- <31 I _ . . • k ''''.. ' FrErar.zmordo-orc==tanT.2==.,, C c .1 1 1 .... : e . ,•.', , - .. i 1 •II'l' I .."• •- • • --- r; i ° - - ft 1 I . ,1•:4,Srl'iTir:t'':',:iLEtt.TiSFaras.•7';T:4T -,-; .7$-V ? ''151 - I ' I >•ili CL.) 4ili '` '..'.F.EL.F.,',IT7.'ut"...`tri,'E:17:.F.T,71,...T,L.A7,:.:d•rz"T=Ia':°.`,'" I -...,. ., 1.-- 01 ., 11 . . , ____, SEQUENCE OF CONSTRUCTION: "'",==atrAtItntrE711/ZTANIVE=LARL R 2 ' I .• ,.i 4=• . ' 'Z' ...11.! .• . r ' • ••.. : — I I riCIAFtl"Lt:FrriFTEIFECEEFEat' . , 6 .1 .. •• i• ,-, "" ••11 -111 ' ''' I I '<l 1 i• 1 1.1.tgl!!-. li 1 I 'C N/1; • - -•- - i POYEEAFEEFPFEIriECFVEtr'''''' • PARA covsPuelloN.THE MALANG Hoop.0 AI nucruics 1 Al , ., 1. 4,f A 4 et.• .----- .1111 ,I 1 . I I- - - — . 1000FRAFIN sE En Wmi PPE tr.KEA THFRAmicUr AolsrAucnai 2===lott:tr=etA;;:=Alr;7.37r F--gl I)1 I I 1:— - -.. .•it • . . . V, . I. •-• —:--.L. _.1 1 •I• )___ 1 ft... ..,r), 1 1 I 11Pc, , 11 VIM SUMPU.RT ,A§,E. E 1 i 'Y1 rfj1 - — 1 - 4 ' I PMERA NOW PIO MK TOTAL MI AMA 1.11.AC . i Eir 4 \-0„ I ME112.1KPERWLI A.EA OW AC LI ' 1 • 9, '• -▪ I., I — -'•.••—•1,'. _l__ /.-- . ' I'Mli nun PERM:MOM:A 611AC OP 1: A t r. • U -''•-it. ''—;;J ''7k. r--ii r-, —- 'la ' .' I 741111,0,0031INTing001.AREA Ow ix :t . FV.S.94 0 PEfttous 04.01 OAS JC - iill . • "Il• -- t — --; -- III— , I A 'EOM 115Milt0 AREA t?! 1 • '•Cgtti*/?•.1t:igi& kr 0 i ......zziff..A.r....a.-- - ai --- -E I 1 ; ,311 coomint rtnn MANKJI 1.1 0 I I 1 .j. i Z II- t 4ti:.• [.. I : ET7^3..M.AnnAravaigrealenen Z la -I 1• • 1 I t'i. I • 0.10111,...}FLYILWA.31,0 un uwekerxeo ....mawno to MIA 10...LAW 0,.0.I 000. VW LAC II ANIMMIR.A3 INMAN:. 0 2 0 O i ..;it . . -• .1 I I•g-; \ 17)a W T i 1 < • 1 -- ;k ' 0 , , --.,• ----- r--—--—L----- --—------- I KEYNOTE LEGEND 0Le U)Z 0 .1 -4; 1 . I ....... Z 0 1= ILJ 0..z..... • 1 I 3 ; ARAMARRE 1 it \ [ F tr k— If I ' ▪ •1-----•- .L 1 L I I "---. —1 -— -___t__:Ii \ \ •_'--,.__ _ ._ ___ .--.- I In LL E 1 I ------ —- ---.• ' \ ' I /k 8 g • \ 1 1 Nia7 z z I: I N , . \ GRAPHIC SCALE IN FEET I I '''V -- ‘ 1 0 10 2o 40 < Z LI' \ 1 =1 i I i 1 N I / w SHEET NUMBER 1 W C300 c_ . L. 8 A; LEGEND t"H I 1 me•c...kw 6 1 c i : 1 / BITUMINOUS PRIVATE DRIVE g U 1 • A 0 i a a 0 r.,..0... EROSION CONTROL PLAN NOTES t . ..................n...................a wawa 0 LI i I 1 I -'"---'- .__=.•4'..-- 1". -• ,k9 I. • ,,"=ELTZ:=111:=Tr"" = I ' . ' - Ifi/ .. i 1 1 II. !. .;#1.' 7 , ..-- ..., , •-earel-a,,,,,,,,,$:.0 . 1 .. 17,...7 .-=-:-.7Erz . "i• -'2'.A AN i2TT •• • I ' iiELiaS7."1:ia7CliFiE7EFFT°1"17'g2'' >I.i„•i i I I • ,....... I _ i."4 I° I 1 III) i.di I I I - I ....4 ' °''i 1 I .. 11 ./ ) I SEQUENCE OF CONSTRUCTION: i 44 I 6L•. • .., 1 f r.T. C• 1 i "ggitEEPiggEtg2.7 1 5; 1 . . , .,. 1 \ I $ I -N..'1 : 1 i. Ergiglilifot ti.===PAA.AA IT P . .. I. lit [ • . 1 9 I 1 • -ill I . . a I 1 I P•11 I I EgilitiglabilkiF t-atf t -, 1 ' '1' • k 2 1 " I • 1 I • I 1.4 I :.,.. t, I ,.„.• r ,R ; 1 .4 I • • ,I ,INIAB .. LI?-' ‘ = - SITE 5UAUPARY PA.6.1- , i 11 .:: w.:1 t-,, e 1 . No, i •'-7—: -- ..- -V) In — '1 FAA/ARASPOYEM.120A I l'--' & 1 ]" " \•\ * TOTAL Lar AKA 'SIRS I I 1 ii /....j-1.. .... 1 0111.03 INACRALAII AMA 9114 A: I R; 1 I "1 . I ' "'.• .0i---7Vi:I ii. M1:::—-. Milk I : ..er• Wr- .. .,1-.:, I ,3 -.....PERVIOUS!REA ORCANW a ARA-IMO%ARA 9.11AC 0.63AC q 1 ' i t 1.- ' f4! , I - - I II --.4- .... . .-:. .1 I—-- I 3 P`gCrOSEP MANNA AREA MIS AC . I I 1 : L 41 ' 4' -' et.d: . EX.Or• MOM& , OA AC KO . 0 Z r t I i_. — „. _- , • 1 I I i .7.1 - -re :., ....--j I PIt CadPC4FIC CURVEN-laariq MIA p 1 Z In-g I n g I 1 — I '.L..1.--..—-J _ ..—.—.. - INFIMEOW6..P.M.I.M1.4.. < Z 0- Z LIJ -I ' ,..`" I I .1.01AWAttura.,...kri,c.OM 1...a toulto W 1 ' I, 1 . - APPA....,.11 IN.i....mr..9.0,-.01,0I 11,..4.11 CAIA1A.A.A -L.atui gar 0 2 0 70 u9 1-1: LI I I I : I„,. t.,--,', • 1--J_;_- __J___ __ ___ I ,...,,, KEYNOTE LEGEND ce u) z -Y: I -------—-- .,,..- z 11.1 0 I (:) . i 1 i . 0 .,..0.... F 7 " E I I , I 1 li OZ O 0 ?: I I\-- cc en E I • < l'. I 0 w z z Cl1W 1::gri ce 3 ; I a i 1 I 71 C301 a. E.0 LEGEND 1 w ram aL.. oi z, i Z PROPERTY SUMMARY + nrPn.uwm PAIERA/1]C. L r. .�...� ._ - ... T ._T.�._� MIA/PPAPPIr.AI.OE wenr ..q O „i Ni Mill , w!q,n..�.waAxN T T I ;r- ;` lr4i ufii ��� ws. - PM y a e 1 p 'Y_ri'�_® ��� . PROPOSES IMPERVIOUS aa3K ` I `yI I •�� a � ��� 1 i t a;''_ Tam nW.�e AREAI PROPOSES PERVIOUS AREA wPc IA I, u't 1. it - 4. (___+s i' I WIPING SIINNARY >.i - i A I •r ®'r; i .a M.A. PS.,.. E !r I i ® z I. I� .A..NeaE.<, ROAD-,= e 1 1 1 Kr ,E .II @i I �,ILDINGSETGAL� R -;S Y I •G. .1 i .1 1 ■es+wA•w�sr Isl ••ii, 'I.srn[annr..flsn �' ,rl -a —I I BUILDING DATA SUMMARY e.� 1 i S f Q T I I AREAS a."^$ I I. 11�� �f I II� \ I"" irLtif Ij11fIlU Q ° JI' JI _ ~ +toM.or'MaYes Aoen.ra lgfGl. i0;:•9 � �Inol r, air _. I � . —11 r J I - 4� n �: - -- a ~<6' Y PP I PROPOSES PARKING SS SPACES II I �`, •I [� [OA ® I AGA VAIL..tp01..o.XII am.�.Om G m ! 1 P C. CC < . I ' 1 it _ _-. 1 ° �+ od u ® r : c i z ... I 1 N Fns{;I 1 SITE PLAN NOTES ; I J 1 I fi r, I ti I r� ' r"r-...A..."- .W..aeR a.,eae....A--. a L_..-1 n �_..J f p Eit Pole„�ea,o..K.e�aa r,,,E.Ef`,aeea,e LL L GRAPHIC SCALE N FEET onvs sosmiuwaso ueo Adueoe'nuues , W3 ' I I Z4 0 10 11 }[ t'• IL n3 1 1 1 1 ra .ARPa.u,ee..eewePevawuP.oe.avuPee.auI H KEYNOTE LEGEND , e.ra.Nr.:.aPErµos,auEw,v:roebe.mr. "'""'''''"^"-- co f IJ— — -------------------- — 1 0.�wA; ,e P....P e.KweKe.o Z ER m.P o j P • o NW... , ee�eM�,.eee�s, ,,e,�,.aµoe,e,a� i 1 0 P,.m... N.ow.AN m,. or,eM Z o a.aa.o.,»,.,.�..,,,.Waa "F,;m�^°�v wog o w .E° ,°<iF a,EPw 8 o . Eo Vp*eeM�I,e,..,P , u ew :. :""a ";'a' P ": Ro... 0 > a . .a. ...,.a.P, Pa ..�.. 1 ©""a . °.egTrAlP,PEP..r=-41,P .µoAN.a,r� . e.",ee W SHEET Y ; CL caao �R gi • ,awe, rl�w _ I i Iiviiq Mt o*5 C = I -----_ . __ -----_-- l— — — ` • LADDER TRUCK 0 ,; feel p,J �••_• ,.I- r� •_iti veeln e.33 3 3 r .et a, x / p1.I i .tiw 3.0 cu z. li • 1 � ! �L [ .-• I [ SLOG MFA=N 100SF =i II ( y 1 NI$H Fl00P ELV=90.i5 F i "� [ i 1)\, 18 H ! E f t• + I ; �, i hi ' 1 S,a 3 idi I ! t/ a e. gi al [ teQL � I If 1'l > �i1 11 H 4.) ix 11 . 0 ,, ILI c1. 1 '% . • ,n Z cili Oq L ;f ~ u f GR. SCA IN FEE, O tii Z � 11 z u ; J < Z 1 of w SHEET fillNEVER 7 a C401 sim X 1 i 3 Y.} aY * 'w i i .arc I' Al u. 1 `i -a r :L. - • i I [ ,j [ iJ II Y 111 PESiALMIi 7 + l. /<fy,! ! 9LOG AREA=EV3W SF E1 [[� HA SN FLOOR ELEV=050.15 S t `I ! i•• ! aj c ! ! i e;. As�iu�9V&9:L!f.i�Vi�0► IslI L 1 ! .{ e Ir' " E I iS �f I� t..r J..l = i a -18 1/ ai I 1 �yy 0 el € I ! I+ it W Z I ai > 0 . • t { >-H t i 1 •1:• I ,i ix Q 11 I t � 7 .1 I----J------ ---__------_. _ z J o�C o 00 U) co 1 NW 0 L a O reo i aZ Z f ce W < SKEET....... 0. C402 Ek LEGEND 1 • = m '3g. ,, • • Z o..,a•.. xs[r I .�'1 1! .. ••.n �`�i'[�'a•, ';� a•. • ` .r..Ia.... .� L a • 1 fffff �.,-'■i �/,f����I .+��.�y=•;;, .°°. 0 w I .. --. i e ...... r4�, ,,� '•wi.T-x GRADING wP µANn ryOTES..w,..[„s c¢re..wa�s o.��.r. x m 1 I t • ;a ¢; '+44 .¢ ..,"��, �I Vtg . A»~¢errs>. ,¢[.u�a .,a.,3:7 n�„ou,t, >4 5- = j A�{ ,Y.r[ 11 sWMli mRkkY.tk-.1 r r • s _`w i '+ l ' wrn,: i Il+_' MO ew, • � ��► I�y H w w•-' rt..r., t.,..x . erw.eur.x .w.w...,ne rxoun.axµear rr nie Y -- ,-um i, 1 r,y e�•.vaen�ax,�, o 1 r',..,. ;X.,, Z. �I►. 1 � �f n ..rE.[.r «e.ere«[oe.o•o„rTo•«e o.•..�xn6[.¢M0 9 �_ J + " l . •wsyMwr[,e,x,•x,rn•x,wrtxs�••.�••e y4 § • i 1 •rw l�I , 1' u,•n, '� �.' yr' .+ a • a[ra rf,ia'b,�P�, wo[To NC' S 4'' I =�F .a ":,°;�.= „ .�tA,.zxzr ,.a r wea�.., . .e,.,a.,.[..[o.,a ,eae 6 -I 1 •.'r i ` mau ,nl� ..._ r ; m[.wra.�Twxmwuteeon•ES•rmsrm:rwc''iaiT >gb`�gS E 1 1 _ I �i1 , ®,;n .!`,.,.�, uvwr.wonn.,•=ro arn¢n,nununexa= mill a i! I .<,• I a., e e�.,,¢•nrn..o a[•�n�.o�xr '° ra s ' .n, • — �►" eaee�E[x¢wa w,,, [are,a[.owa�um i ' / • f L I ;' �.;°. aasM[;o'� `;r,�w..,.,,o Era. ! i -- one g ' _ —J--- ---------- — ite. E,T,I A°.7, [.,,.„ar.[er.e,o..o.[¢.I a • . , Z / ' Z, E,.,�„o,ooM p ark.„`.[.,.,=;...x ' m „u,an.eneeµoa,.e,arx,o.o {{{• � o •I Nary[yltws wwc eoxwsr NNp¢T eea¢¢F.¢ET = cwcnn[v.sxusxruus ex emwxws wveusxruas nsa nov[x j i • �v� oe,.suwrreo•m,r[. oo,rn,µo wnut W.,w�e•[.•r[.r�, Li) i YAYo e,e o { 0 m_ i el 111rs n 1 1 ii`` Q Q,MIM Q i• i BMP#1-INFILTRATION AREA TYPICAL SECTION[A•AI N.T.S. W 114li lx"4 O a C500 •m+P lncnw.x smAROMsonraa LEGEND / .Ea IwE.,o.EHE.o�.,o,wE^.H iliqd PROPOSED --COY TELEPHONE 1 t -.a Wsu.w ! 2-" ass, Fy ' kti �u, UTILITY PLAN NOTES,woco.r.creo ee..xe ws.uwiw.s asmme. .0...i. 1 nes r— `� —._ O u o.------._ w.z�e.,e,o..e ,...e, O a r 1 i :Mil in j ;r �..m ..ul.. w w.,x w .TM ex ee^e, .-• ,e.,w. ,.;» i r.ae.,w...exr, °• r,,.ee.,,,..k.^.=,.e...z.e....�... N`s 1 I ti 1 t 5' �r�•1 ,,.ewwr I,'f hi•.��ti.0 , I mm 7 i C aEStAUH.WT / } /• • 44' �BlOG N1ER=,111p SF II`rI1 ^ e y1'4Ee w .wssooruv..snizxeowwrvoe,evn,wrvs wene.ry iw...s.xm I, - '• , n FINISH FLOORED/P95015 1 �'1 �P6 esw.xc.z...xrssxu,x.vE.rw,wuno.vcour=tfz,nat7” id $_ 1 4. F I f21 I.G' 1_ ".,::' , _!1 '.,'•:1' I , ex�w., ,.,.-wow^�.e o,row.e.w,�.,..A...•u, `gz;,e..,. ge.y s" . 1 1 .:• • �— " 1. .,� . ...ms ,ecwr.r.•.W.r.nu.l.rooAA,r•A.. .4 6;3 i 1 �I 1. •7 1... —10' -- RFE•preow...mpl II...h-owls WiIKATT 1,i..41,01,06.1.1111EllACI flE[r1- .-=-1., . .vo sysnreuu,zµo�.x.n,mse..xse.vr.wisa o .»....w,.,l •.,�'�� ._.._.. ... 1 e. I . .�...«..^..e..a�...,,.r.w.�...,�,aa.w,.ew.�.. � 1 I I r.se.,..esF.ea,..,r.„ l_ , 3 yg I i 6 E In I 1 i I ., l_....:.� p} 3 ..^a.owWa u... c�^. .",.xw., , e a a , 7!y'1 '•:i.uvµsc`cwneirwc:`e".:re,.,.s.urue,rwwe.u.^. 9°"""""""e..ws 1 I Kw..,.eP ,.em. T I I t KEYNOTE LEGEND J i 1__ y H p ,. esk ew.e..r.r., ,& a Z etCHAPHIC SCALE IN FEET O uewxec,p,eo.vow.,e wm,ummea,rv,r n F c I 1 1� I a . ue,[n 0 Q u couwx.nwvse.wce Q C0 _ Z W c 2 i p eW �e.xe.rw.....w.rew ..,m.aa.. >- a e,� J a C600 8i • GRAPHIC SCALE IN FEET + • w a.kr. ,.Fro ray .f •z• .. ■M MINN• y...B PLANT SCHEDULE CODE OTY BOTANICAL C p t"";' rr' 'n e 0, t'rt• Gi NO wwn.ee - ORNAMENTAL TREE ,.w , eE.uLnxiuRnxE COMMON.. RIPERRIac M r RE Zr 31.IMAI3213,..03.3 CAL szE EY �'10��f VIM ` N. .I. GELDSOaIDENTAUs wMMONPAC.ERRY B.B �� ts ..-,w :,- mac..-2. 3ril , 1 e�.. a me.µ n NAME oxxoxx�E .� _ = CO rl.5..,urn,;i+n —I' r. n ..raa- .. ,. G O RG. 11 �.nI /ONar.wa.reti QIEEPING sEncA xUNIPERn .oGn * L. x3 !E Fn,k i �..n w.r,.,..,.,.. m.m,E. .cGn 0 1 M` T f {i 0 ii OM,r (1 4 +•Rw i �, ,r O ww . ,r.a...w vol l Rup MUGQ MOTE BUD PINE .Rxrn .a +,:1 y z a } �� ^'qO _ L1 1yHR� II r _ BOTANICAL rnxr ^ S! r I W nT. Of 1 > w.�x�vwr was w CD N wnTENNs%N En .emn33A,...e_ ir • 1. TM�_ ,�.,: ti li _ - I' p G. .. .w...uwn uaerwwo cNeexxauNowPINEcuNN.wT am.r ,L. k t �' �.'n'a•`'�' . {p F so Mau:owRiruu,us s nNx ww.. o..sa.w .w•r ,of o -- �� o ""a "".`"" PERENNIALS Piy1 W .. ,,,,, ,L.Ap BOTANICAL NAME MatttaPIA9 6 9 r U �. / �- � 4. .wR.W,o.r.p,' AUTUMN JOY SEDUM ,... ,T 6m 4 w , 1,. fels Q° 4.e El ... ., r,OLaNa.,uc.I.D.LD.,M.,a BLAT EYEDSUS.N ,._ :i�•:4. g i n �°va g41g 8 *. •4 ® .a„ ua F.n0Bu.,M..c.n BUTTERFLY MILKNEED RA.R ae; • Er �, jN.I CaAT .... ,D,-.rune,. .. 4iN_ i • 3t� . cAL.MBwwTALr.c,nD.Fc,na.... : 3- a ikl'E R. PERQ.DnK LITTLE SPIRE al11,11 04F.21 FMa.D. a e w cI { 4 ODD . TEMERUGTLUSKSTELLAD DE STELLADE°RDDO.ML. �'.s ! E . , 5 1 1 w G ., NEPETn,E..BBEN,M...LOW xALKERSLOWCATNNT 2 i • ale 4` I-PNOsCRPE LEG EN FTPD LANDSCAPE KEYNOTES - Cl. EN p EDGER( .) LLI Il F 0 DOUBLE SUREDOEDRMUM.000 PAULOM(1YP., Q Si • MA...4GIVGLa4 I.T.IFry I Q ROCK AUTM,(r..) U f r,.,GNR.R. C.EDO(rTP.( In HlaK,ICY!'lµ. 0 o Z yy Z oO • RDD OIO)ETN(JOS(AUEEDO UE IOOTDN 0 J cBEErdSOD EDGE(P.) v D `u .. RIP RED(TIPI EC ! LANDSCAPE REQUIREMENTS Z iACE .RED REQUIRED Ov re fO.may o u i ma I..FWAICAL,1,'Mp.,ALIM .TFUrc NGHsMNDakS,q.. 0 it n t OI�FMRi.w.,I,,C IF MP F Q mart v..Ram,wrwrr.rmi.c RE 0 K R$SS0.RHISY,14i,.,,..F,..f„F Z 2 y EVl BED LANDSCAPE , rm,.en eiui•shr .. REQUIRED s£n.xw > > a 1 S Il PARKING STALLS . . T.* D IMAM z 1 i •�`. • 0 TOT ..LEAST MN LEOD nN ONo ISLAND SPA,FT.MO.LOTD PARKING AR A L OF ISLANDS SHALL AtIta.. .G5CuAp LE.THAN 1^wM.ra SHEET x�naeE ' THE iiii a 5 L1ao R Bakery-Cafe: \ SMOOTH CROWN ON _ TOP, TYP. WEATHERPROOF GFI OUTLET a' ' #1 3 0 6 4- 4" DIA CONCRETE 1/4" GALVANIZED STEEL —I\I FILLED COLOROA BOLLARD. AIRCRAFT CABLE J BOX INSTALLED IN SOFFIT CONNECTED TO b ADJACENT BRICK STRING LIGHTS TO BE TIMECLOCK/PHOTOCELL ON BUILDING ATTACHED TO AIRCRAFT SYSTEM: G4 (ARIA) a) CABLE CABLE BY CABLE PASSING -— STRING LIGHTS TO BE Project Team: THROUGH LOOP ON LIGHT7- ATTACHED TO ROPE 1'-0" THIMBLE WITH BLACK 1 / �` CABLE TIE 1/2" EXPANSION JOINT 12"x 18" 0.080 ALUMINUM '-d,° �� � BLOCKING STANDARD ACCESSIBLE CONCRETE CURB & �� PARKING SIGN WITH SLAB AT DRIVE THRU R I NJ SIGN PROVIDED BY /,/ IDENTIFICATION SYMBOL \ . CORROSION r BOLT TO TUBE. WITH 3/8" RESISTANT EYEBOLT PANERA VENDOR, DIA. CADMIUM PLATED tr ° _ - $- LAG (GALVANIZED OR I N C D RPO R ATED INSTALLED BY G.C. NUTS, BOLTS AND a 4 STAINLESS STEEL), S A I N T L C U 15 1 D ALIAS \ % WASHERS ,c , .,�;`; ° _° ° ;- CLEAR SEALANT AT ARCHITECTURE + ENGINEERING + STORE PLANNING 1.66" O.D. 14 GAUGE SIGN c III ;`, 'r;' ':- r . : ,.-";: `•" PENETRATION. POST HI-DENSITY 1 1.66" O.D. 14 GAUGE SIGN POLYETHYLENE POST HI-DENSITY 1 1 EXTERIOR THERMOPLASTIC SILVER POLYETHYLENE — 18" DIA. GALVANIZED WALL FINISH, 1.90" O.D. 1/8" THERMOPLASTIC SILVER �� CONCRETE WIRE ROPE CONSTRUCTION NOMINAL WALL THICKNESS FINISH, 1.90" O.D. 1/8" ��\ -- FOOTING THIMBLE W/ ULTRA-VIOLET AND NOMINAL WALL THICKNESS \ PERMANENT COMPRESSION ANTI-STATIC ADDITIVE W/ ULTRA-VIOLET AND —I 1 I III III— STRING LIGHT; SLEEVE ON PLASTIC CAP STANDARD ANTI-STATIC ADDITIVE 18" DIA REFER TO LIGHT GALVANIZED STEEL CABLE LOOPED 3/8" HOLES PLASTIC CAP STANDARD / FIXTURE SCHEDULE AROUND THIMBLE 3/8" HOLES SMOOTH '- SMOOTH CROWN ON 13 BOLLARD DETAIL 9 STRING LIGHT W/ WALL OUTLET Professionaleal: , TOP, TYP.CROWN ON � � TOP, TYP. 3/4" = 1'-0" 1" = 1'-0" �, 4" DIA CONCRETE - 4" DIA CONCRETE ',-' FILLED BOLLARD. '_:... FILLED BOLLARD. •b- COLOR TO MATCH SMOOTH CROWN ON I/O POST= 9'-0" ; COLOR TO MATCH �; PANERA P165 TOP, TYP. 1C/A4B GALVANIZED STEEL AIRCRAFT 0 PANERA P165 ° - - . 6" DIA CONCRETE o 4 / FILLED STEEL BOLLARD. STRING LIGHTS TO BE GALVANIZED M ✓ COLOR TO MATCH MAIN ATTACHED TO AIRCRAFT WIRE ROPE a, ATTACH STRING LIGHTS a�. BUILDING CABLE BY CABLE PASSING THIMBLE 1 _ 1/2" EXPANSION JOINT - ° 1/2" EXPANSION JOINT THROUGH LOOP ON LIGHT TOP CAP BY PER 16/A317& 17/A317 1, ‘.6 a CONCRETE CURB & . a CONCRETE CURB & o •d- - CONCRETE SLAB MANUFACTURER 0_ .; SLAB AT DRIVE THRU SLAB AT DRIVE THRU _ a) AND CURB AT DRIVE '� °� Al ° HSS 4 1/2"x 4 1/2"x 3/16" it) \ tr a a a ., a, d 'n° THRU AS OCCURS, COL UMN POST PA INT ° I - SEE CIVIL DRAWINGS .. P165 —"ii=^ I. cv °d. - — _1- I°d. • 4. - .� •— Project Title: N —I q CORROSION RESISTANT `� a ° 4 18" DIA. - - - -° , °1 - - - - - EYEBOLT GALVANIZED o a. 18" DIA. o -- • ° I -4:° STRING LIGHTS; ( GRADE VARIES, CONCRETE ° - f REFER TO LIGHT OR STAINLESS STEEL), REFER TO CIVIL CONCRETE • CLEAR SEALANT AT \ \ qr c> "; } I' :f FOOTING `Y' —" - ) - ,f FOOTING ''• 9 j °:aI_. FIXTURE - ti PENETRATION III I 1_ .1 -I I I I I I ^ ' I '' b '° e ° ; SCHEDULE ` V ° _ e _ L N 18" DIA. PERMANENT ° j[ ° �.'I , .a - ;�•�' _ ° —CONCRETE COMPRESSION = ' ^ =4:1;,, d — f FOOTING SLEEVE ON GALVANIZED °� .°11 _'1 o w I ) J. .° , °; STEEL CABLE LOOPED / ' _ - 'L J_a °' °� f`• STRING LIGHTS TO BE N in v \ \ L_ ,�-°,- " \ \ — ° _ °- �• AROUND THIMBLE }=.1I �,� as a co ° ° ' ATTACHED TO ROPE 1' 0" DIA. CONC PIER W/# / . a°- �' - CO D \ \ -I = - THIMBLE WITH BLACK I III III— \ _ 4 REINFORCING ; �1 \ I ' O Z 7 18" DIA. CABLE TIEN HSS 4.5"x 4.5"x 3/16" L 18" DIA. —III \ 18" DIA 1'-0" / %— > 22 BOLLARD DETAIL @ SIGNAGE 18 DETAIL @ ACCESSIBLE SIGNAGE 14 BOLLARD DETAIL 10 STRING LIGHT @ POLE 3/4" = 1'-0" 3/4" = 1'-0" 3/4" = 1�-0" 1" = 1'-0" Q 6 POST BASE @ STRING LIGHTS 4D r W 1/2 = 1 0 �1 u u � Q I I 0 4 4 W T03B DT036 H A= LLJ ' 20 * �\ I oCio , . I w O 20 O 02 - .. A a' 7 N 0_ `, ~ ni LC) 0— El____ Cif o ),) CTs) • CC a Ca < 0.06 ® :__,,ii, - Ihit - - _■ ❑ qI SS010.A1 o I I V • / 2'-6' 1 L -) 11 . o •023 \,___.r.) go7 r) : - 1 WI SS011.C1 � - - � ® elk,i1 � �1 ---. . . "-- 44)11 24 II023 -I- Eof‘.....11Z' 1:13 . I> - — - - ao I- 3 t illrsi Consultant Copyright Placeholder .J) /1/ _ • .ir4 (� iii1 oZ - (. I- 11 L i —i[ =— I 'iii Q) °Y. 1 Ind ( i-> Li i a 1 !t :1 I 7-1 I 41> I t Ill:=- . I I m§ / e '040d 0 . a 0 0 a 1 i ...) _ _ _ — \) i . ivE RPU No. Description Date RU KEYED NOTES KEYED NOTES 1 - LEGEND NOTE: TE: REFER TO CFCAS SHEET ION A600 FOR FINISH0.02 DRIVE THRU LANE, INSTALLED BY PANERA. REFER TO 0.14 PROPOSED LANDSCAPE AREA; REFER TO LANDSCAPE CIVIL DRAWINGS. DRAWINGS FOR ADDITIONAL INFORMATION TO UTILIZE d-, - . y _ LOCAL FLORA. - - 0.03 ASPHALT PAVING; REFER TO CIVIL DRAWINGS FOR ADDITIONAL INFORMATION. 0.17 6"CONCRETE PIPE BOLLARD, REFER TO 14/A040, ° CONCRETE - BROOM FINISH 0.06 PRIMARY TENANT BUILDING ENTRANCE. INSTALLED BY PANERA. �m• . 0.08 SECONDARY ENTRANCE, REFER TO SHEET A101 FOR 0.18 NEW DRIVE THRU SIGNAGE; SEE SHEET A023 FOR FURTHER INFORMATION. FURTHER INFORMATION.ALSO SEE SHOP DRAWINGS. ENLARGED PATIO 0.09 G.C. TO PROVIDE MAXIMUM THRESHOLD HEIGHT OF 1/2" 0.23 PROPOSED PAINTED STRIPED CROSS WALK; REFER TO EXPANSION JOINT 0.11 CONCRETE PATIO PROVIDED BY PANERA G.C.; REFER TO CIVIL DRAWINGS FOR ADDITIONAL INFORMATION. SHEET A040 FOR ADDITIONAL INFORMAITON. 0.24 PROPOSED RAPID PICK-UP PARKING LOCATIONS AND P LAN/DETAILS CORRDINATE WITH TENANT DRAWINGS FOR BOLLARD MOUNTED SIGNAGE. REFER TO 22/A040& UNDERGROUND CONDUIT(S) FOR PATIO LIGHTING. VENDORS SHOP DRAWINGS FOR SIGNAGE Project Number: Sheet Number: ITI 0.12 PROPOSED CONCRETE SIDEWALK BY PANERA G.C., INFORMATION. 210036 PROVIDE BROOM FINISH PERPENDICULAR TO BUILDING, 0.34 CONCRETE STOOP WITH FROST FOOTINGS AT ENTRY, Drawn By: TYPICAL. REFER TO CIVIL DRAWINGS FOR ADDITIONAL REFER TO STRUCTURAL FOR FURTHER INFORMATION. CAO, MH A040 INFORMATION. 0.35 EXPANSION JOINT TYPICAL Issue cc, Date: , 24 PATIO PLAN 0.13 ACCESSIBLE RAMP, PROVIDED BY PANERA G.C.; REFER 0.42 CONCRETE CURB, REFER TO CIVIL FOR FURTHER21-0 D 9 TO CIVIL DRAWINGS FOR ADDITIONAL INFORMATION AND INFORMATION. co /4" = 1'-0" DETAILS. 0.48 SITE POLE LIGHTING BY PANERA. REFER TO 23/A023. DPM: DM. CPM: a JUSTIN K. DAN C. CHARLES T. Bakery-Cafe: # 1306 SYSTEM: G4 (ARIA) Project Team: ik A R INCORPOR A TED ARCHITECTURE • ENGINEERING • STORE PLANNING C -. EXTERIOR MATERIALS: _ _ _ .---- .----■nimar• HORIZONTAL STACKED BRICK -----r�� ® COLOR:BROWN/RUST L A,,,,,_= MASONRY BAND ----- `////ildENNI /17n �� iiir F PX EIFS,FINE SAND FINISH.COLOR:DRYVIT, DRIVE T H R U i \ TBD --_-�-�e ------ ALUM.STOREFRONT CURTAINWALL,COLOR: CLEA GLAZING ' —_r ®� � -� G1 ALUMR TOREFRONTLCORLOR:CLEAR ■n& ' , ■■ C'2 ANODIZED,CLEAR GLAZING r B R EI G3 ALUM.STOREFRONT,COLOR:ANODIZED,SPADRE GLAZINGLEAR MP1PXrFri I 0 Professional Seal: PREFABRICATED ALLUMINUM CANOPY G1 + i i O COPING:PRE-FINISHED,COLOR:DARK BRONZE O Il152oo ,, , \ / • i 1111 ._ G1 i■■ , ■■■■. I. O --- ■■■■ i ; ■■■ , ■■■■• , N I hi III liii Project Title: N BX2 �� CO 000000000000■■000000000000.00000001 III liii MFIMII gr CV T to w ''^ 1 FRONT ELEVATION- SOUTH Cf) z z rW 1/4" = 1'-0" Q a) >- - cc w as < —1 V 0 —1w Q ,v� > w:EU0 Illille— a cc 0:1 I I� s: Si. e DRIVE THRU )) o f ipAril CI any = - CC - B R- E A D CD__7/11 014 1 r_I Consultant Copyright Placeholder �'I OO . AP- N r 1 IA 1 BX2 G3 ,� = G2 r' 1lorit _ 1 • --- ' " " 7 (BX2 . ID No. Description Date 2 SIDE ELEVATION - EAST 1/4" = 1'-0" EXTERIOR ELEVATIONS Project Number: Sheet Number: 210036 Drawn By: Author 0200 Issue Date: 21-0326 DPM: DM: CPM: JUSTIN K. ALLISON M. CHARLES T. Bakery-Cafe: # 1 306 SYSTEM: G4 (ARIA) Project Team: A R INCORPOR A TED ARCHITECTURE • ENGINEERING • STORE PLANNING EXTERIOR MATERIALS: BX2 HORIZONTAL STACKED BRICK COLOR:BROWN/RUST® MASONRY BAND CD EIFS,FINE SAND FINISH.COLOR:DRYVIT, 1115_ TBD G1 ALUM.STOREFRONT CURTAINWALL,COLOR: II CLEAR ANODIZED, CLEAR GLAZING G2 ALUM.STOREFRONT,COLOR:CLEAR ANODIZED,CLEAR GLAZING D G3 ALUM.STOREFRONT,COLOR:CLEAR ANODIZED,SPANDREL GLAZING • Ceiy .„a PREFABRICATED ALLUMINUM CANOPY a MEAL) Professional Seal: COPING:PRE-FINISHED,COLOR:DARK BRONZE CD �ill II.. 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Bakery-Cafe: # 1306 I ____.,N I SYSTEM: G4 (ARIA) CPX Project Team: 0300 : 05 I AR " ION I I �ol INCORPORATED / ARCHITECTURE • ENGINEERING • STORE PLANNING 111111 444BX2 I\ a °I p ° p ° e I a \ ° II \ e ° 4. r..i�n.. ..ii _ ° 4 p aP e 11111 I I I a N a \ \ _ e e ° p 02 0300 Professional Seal: 030 04 _ — a / ° 04 TRASH ENCLOSURE - FRONT p� I. pI 3/8" = 1'-0" 02 TRASH ENCLOSURE - REAR I. 64 3/8" = 1'-0" // e ° a ° e p p° ° p e I. a / ° a s EXTERIOR MATERIALS: �� ° °A p ° I ° 4 p I N I up HORIZONTAL STACKED BRICK I , A ° COLOR:BROWN/RUST ° N O I 4 \ p \ _ CWP COMPOSITE WOOD PLANK-GREY I / _ ` IProject Title: N M0 COPING:PRE-FINISHED,COLOR:DARK BRONZE I / 03 \ / (0300 4) IT i BX2 CO w CI D '1 o BX2 - - I1 T. ^ 01 Trash Enclosure 1/4" = 1'-0" = Z 4* i w CO Vo —I 05 TRASH ENCLOSURE - SIDE 03 TRASH ENCLOSURE SIDE (MAN DOOR) w Q 3/8" = 1'-0" 3/8 = 1 -0 >K.) I- w w CD2 O as C\I Lo CI_ CC CO .11 < migIllijkl111111111111111111iim 0° . . 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PIPE FILL TUBE 4'-6" INTO 2'-0" DIA. x STEEL GATE POST. EXTEND °• 1X4 TREX FRAMING MATCH P165 0 /y BOLT (2 PER BOARD) W/CONC. PAINT OR N. 5'-0" DEEP FOUNDATION. a`. TUBE 4' 6" INTO 2' 0" DIA. x 5' 0" _" a PAINT ALL EXPOSED u GALVANIZED (.;° , . / �► f 1 1/2"X 1 1/2" STEEL ANGLE liw� _ SYSTEM: G4 (ARIA) DEEP FOUNDATION. PAINT io CONCRETE SLAB SURFACES GLOSS BLACK. WELDED TO FRAME ■T'�T�:����10 1 d° ��,�— b 4 _., e� i��i ALL EXPOSED SURFACES o - AND CURB AT DRIVE o \ �, IM�=�E Si Project Team: GLOSS BLACK. " �'� THRU AS OCCURS, I I 3/4" DIA. STL. ROD \,�' °,_ ,--1 Co b. SEE CIVIL DRAWINGS °0 1"x 5.5"x 8' I 3/8" DIA. CARRIAGE WELD TO 6" DIA. STL. 1/2" EXPANSION JOINT , -°- 1/2" EXPANSION JOINT TREX BOARD BOLT (2 PER BOARD) 1X6 TREX BOARDS 7�0 r7a PIPE = °f . :- - 1/2"X 1/2" STEEL ANGLE CONCRETE SLAB ° CONCRETE SLAB CROSS BRACING WELDED C -PLAN VIEW C.. ) 1" DIA. STL. PIPE WELD AROWSION ,-_„,2,- \ 1 a a C TO STEEL FRAME TO ANGLE 18" DIA. CONCRETE FOOTING — a °al 18" DIA. 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TRUCK TURNING RADII, APPROACH CLEARANCES, w LC) MANUEVERING REQUIREMENTS, SITE ACCESS, ETC. '� MASONRY TO MATCH I 1 MASONRY TO MATCHCO D b MAIN BUILDING b MAIN BUILDING ao ,/ ao 6x8x16 SMOOTH FACE CONCRETE FOOTING BELOW 21' "DRI BLOCK" CMU 8" / HORIZONTAL LADDER JOINT 9 / / '020 1— — -1 >REINFORCING @ 16"OC VERT. .-. 4:k < @ 32"OC VERTICALS x4'-0" LONG \ / /////////////////////////////////////////// /////////////////7 @ ��/ LANDSCAPING, SEE CIVIL DWGS ����� � W /� /> 1/2"COMPRESSION FILLER W/ - e, - e a 6"CONC. 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',"``'°° ��_ °: ® a- - °"a ._°t°.•_ •- - ;TRASH TRUCKS - _ -° "- m ° " 23 4 23 TRASH & RECYCLE ENCLOSURE SECTION s ° ° '020 ft 14 LII / I I = I " ° - ° - ° - - °- ' •' ' .- _ " ° - ° • ° - ° , d Pt" EC 1 21 -0 �°-, ad- �.- °.:°° - ' a4 - d REFER TO CIVIL FOR: ° :,a q ° - d; �°"-° _ -a � ° � / °.1_a - - °° ° -° -°,F °d - ° ° ° / --° -, -° - a4• d,a {REINFORCING. ° ' _d- , •a B . ; „ � K °-�° . d a ° 4 � A°' - • •'�,.e ,. : , - a �- - � -� � ° - - ' I- =°- --�.-d= = _, PiliPity -- � =°6"CONCRETEM ° � •'" \ - ° a ° ° ° ° ' ° .tr a b ° d ° d GATE BOLLARD °: ' - 21 21 6"CONCRETE GATE BOLLARD a- e _ ° a= , 020 Consultant Copyright Placeholder 2" SQUARE TUBE STEEL FRAME ° .. a I Ix IIII, II° J o:;I_ _ NOTE: ALL METAL COMPONENTS SHALL BE PRIMED & PAINTED P165 17 L ° . f� a, a � ° ° ° ,-I 17 ° d '° b -HEAVY DUTY SAFETY °' ° ° ° ° , ' HEAVY DUTY SAFETY '� 020 '020 I d P a" F I •I a' ° / °CHAINS WELDED TO °° • �-3/4"O.C. DEEP RECESS ° CHAINS WELDED TO -,{ _ 8 TOP OF GATE BACK TO _a ;FOR GATE CANE BOLTS 4e " ,°° ,TOP OF GATE BACK TO° 4 .°' ar \ \ \ / \ / / ; GATE POST°-' . e - _ : a ° -' _ - •-' .a - a a , _ ' - ^ -GATE POST .' °-- a \ / / 1-1/2"x 1/4" STEEL BAR ° - ° , o / \ / 6"CONCRETE BOLLARD - - a - - m- ° - / a� , , - a _ - . - ,, a - _ \ \ \ / \ / / WELDED TO FRAME � _ _ - _ - _ _ - - °°"• _ � • ZV \ \ / / \ \ / / / �° d° °d °_ ° ", _ \_ ° 6 a: d ° ° 6 CONCRETE BOLLARD ,; ° - \ \ \ / / \\\ /%/ HEAVY DUTY SAFETY CHAINS / ° d ° = ° l° � ° ' ° d° ° - \ \ \ / / \ \ / / WELDED TO TOP OF GATE BACK o a ` _ n° ° ,, 8° d 4 • d a qd d ° ° \ \ \ / / \ \ / / TO GATE POST / °e 9 " ° e_d _ ., f_ ° ° a ° °4" : Description \ \ / / \ \ / / `� - - , -a- •''°. °- d,. `O _ ,_ ° ';d -,e -°' \e - - - - „ _ a 4 a °, "- e -o-- - - - O d °- \ No. / 1 1/2"x 1 1/2"WELDED ';/• °. _ ' ,°- - ° ° a - • ' , '4e -° d ° °d _ d ° 1 Date N\ /// \\\N„,-- //i/ IRON ANGLES ° °, °° ° / ° \ °d , 6 ° ° °4 \ b - \ \/ / N. v / - .- d •, _ a P0. _'/ °,d Ada a° _, \.•° - - "a- - d- 3.• ;. ,- - °°d \ o < > — 5"WELD-ON BARREL HINGE ° ° ° dd �/ z adO�, d g ° \ co n /// \\ \ / %/ \ 600LB CAPACITY- 10 FT GATE d_°.- ea- d _ °d a �A �, a s - °., - a \ / / \ / / \ ITEM #3H 1 B5, CENTRALK , e a / e'° - ° a .° a Po. . 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TIRE /// \ \ / / \NN\ / ATTACHED ° °® ° ° �� '' • e a"• °„� = °'� ° d ° -d° ° ° °° ° .` ATTACHED \ / \ \ / / 1x6 TREX BOARDS, EVENLY SPACED ° / �• ° �= TO BOTTOM \ o / \ TO BOTTOM " � ° a ° / \ \ / / \ IN GATE LEAF COLOR: WINCHESTER / ° d = y,.- ° ° ' °- a� b ° / / \ \ / / \ N ( OF GATE "a ° • d ° ° a \a °d OF GATE Ni / / \ N i / N N GREY)ATTACHED TO FRAME WITH ° a - � $ 4 ° ° d' @ -a ° d a-a \ z/ N r/ �� 3/8" CARRIAGE BOLTS °' a° ° a - - a_ _ 4°� °� o GATE SWING d d ° ° „ ° ° \ \ \ ° „ °,° °4 '� dad' °• Q - ° ° ° a ° � 3/8" STUDS WELDED TO BACK SIDE ';°°`, ° ° �' °d e, d °" d " ° "- \ OF BAR FOR ATTACHING TREX ° _ TRASH ENCLOSURE 3" SOLID TIRE ATTACHED TO BOARDS (2 PER BOARD) — — — — — — — — — — NNN% BOTTOM OF GATE /1' 0"� CANE BOLT DOWELED INTO CONCRETE Project Number: Sheet Number: 30" DIA. CONC. 210036 ENCASEMENT x 4' 0" DEEP NOTE: COORDINATE CLEARANCE AND DUMPSTER SIZES WITH LOCAL TRASH COMPANY Drawn By: / A020 16 CMU'S @ 16" = 21'-6"WIDE (16'-0" MIN. WIDTH) V CAO, MH / Issue Date: co 24 TRASH & RECYCLE ENCLOSURE ELEVATION FOR FRONT LOADING TRUCK 12 PLAN @ TRASH & RECYCLE ENCLOSURE FOR FRONT LOADING TRUCK 21-0219 DPM: DM: CPM: esi m 1/2" = 1'-0" 1/211 = 1 I_011 a JUSTIN K. DAN C. CHARLES T. G 4/21/2021 PANERA BREAD RESTAURANT APPLE VALLEY CITY COUNCIL APRIL 22, 2021 MEETING APpVaIley PANERA BREAD RESTAURANT REQUEST 1. Conditional use permit to allow for drive- through window and rapid pick-up lane service in conjunction with a Class I restaurant on Lot 4, Block 1, Southport Centre 2. Site plan/building permit authorization to allow for 4,300-sq. ft. restaurant with a drive- through window service and rapid pickup lane at 15200 Cedar Avenue APpVaIley 1 4/21/2021 LOCATION MAP 15QTH_ST-- 150TH ST W-- 'iv '1'' 0 . in A - < I, e -' - 0 I - J�„ L4. .�q 'y� W ry �A'"'} .:f � � SITE ` 1 ,Q . i" '[i71.'w, 1:il I 0,,,,1= i.401,, '1 ...1, . .•-•`"..r r c _ • 1.Vr,.. t ilto 153RD ST,W __ I ... le A�Valley Nifialleib I" f [ v_ Q -,� =', COMP PLAN MAP 111: _-.1,,_ POL �n-�' G A]TER J STAT ti EN I , I AVH 1500 71 VIM 51s'ST I J E,,,11 a i—Z 51DE 2P 6 I• " iikiii a 153N. �, a SITE w nnocalk� G I 1�iIF2P � )ignEiR� ;g GI®® / \I I I >°° do Newell �P\k WHITNEY 3 155 M1 ST W EDAR ELEMENT R HAPIIII): ELEMENTARYSCHOOL le APPVaIIey "C"(Commercial) 2 4/21/2021 ZONING MAP I * I) W_112-1.1FALS 1 FRONTAGE R� 15DTH STW I f I.J. d III, I i " 0 1518T STW .� [_-;3; : '[ ..L41/ 6. gl II_ ' hi i III I�1 D o %%rj IV AD 4 gFv� I __ I [ t-it 11.41 Li [ 15iRD STW ,,.. . �� e III \N� ,, ILI c r���, . a "PD-244/zone 2"(Planned Development) DEMOLITION PLAN • , x. .. ,, . I Ij j I1 4ps--_ • Fi• . ! • 1) 3 4/21/2021 SITE PLAN • . • • • ii.{ r, --14 a, IH1\, 1 i . ,o �i� • i I ._L J • I FZ `t a--T • o— GRADING PLAN •• . • • a is v s " 1"7. I .1 . 4) [ iir 4 hr. - � , ��T1Qall• :.s r. ........_. rg_. • , --.., 1 _L- 1. .,_,.. -L • • 4 • \_ ,,,... qg • 4/21/2021 UTILITY PLAN • 6• A • • • 'T! . !., .-:...-1,11;q1111KIPA,114,t '--7-. -L„ 1 .;1 a .._ : i .-., iil k,.. . " i • ii C • s • ,6 L. • + wa LANDSCAPE PLAN • ... • ... 0-�I . i ,, j r wI-- Wa. 1. ..1 i ! I I_ .',.:: ' - -, 1 • -11iiiim Niiiii'•-Alio! ax- 7" v _ I I r- 5 4/21/2021 EMERGENCY VEHICLE CIRCULATION PLAN • EtMEM- •• • . . ORIGINAL BLDG. ELEVATIONS - MEM 1g 6 4/21/2021 ORIGINAL BLDG. ELEVATIONS * ! o JL1fl0 4 REVISED BLDG. ELEVATIONS iMits II!!mill= MEW — II e ; 7 4/21/2021 REVISED BLDG. ELEVATIONS TRASH ENCLOSURE 11111 4/21/2021 PANERA BREAD RESTAURANT RECOMMENDATION 1. Adopt a resolution approving a conditional use permit to allow for drive-through window service on property located at 15200 Cedar Avenue and legally described as Lot 4, Block 1,Southport Centre 2. Adopt a resolution approving site plan/building permit authorization to allow for construction of a 4,300-sq.ft. Class I restaurant with drive-through window service on an existing 1.28-acre lot located at 15200 Cedar Avenue and legally described as Lot 4, Block 1,Southport Centre A le P Valley 9 • ITEM: 5.D. ..... .... Apple COUNCIL MEETING DATE: April 22, 2021 Valley SECTION: Regular Agenda Description: Pass Ordinance Amending Chapter 155 to Allow Incidental Sales in Institutional Zoning District Staff Contact: Department/ Division: Alex Sharpe, Planner and Economic Development Spec. Community Development Department ACTION REQUESTED: Pass the ordinance amending Chapter 155, Zoning, to allow incidental sales within the Institutional Zoning District. SUMMARY: At the request of MacPhail School of Music, working collaboratively with Schmitt Music, staff has brought forward a proposed ordinance amendment which allows ancillary retail sales within the Institutional Zone. The amendment proposes to allow sales of materials and services which are ancillary to existing permitted uses within the Institutional Zone. The Planning Commission held the public hearing on February 3, 2021, and unanimously recommended approval on March 3, 2021. The City Council conducted a first reading of the ordinance amendment on April 8, 2021. BACKGROUND: Since 2017, MacPhail has operated the Apple Valley location from the City's Education Partnership Building, formerly the "Old City Hall". The site is located west of Largen Park, but is technically on the same parcel of land, which is zoned Institutional. The Institutional Zone is intended for uses which serve the public and those which are quasi-public. Typical uses within this zone are places of worship, parks, schools, the Community Center, and the Municipal Center. Schmitt Music, in partnership with MacPhail, is seeking to sell musical instruments and other music related supplies at the Education Partnership Building. Staff has seen a growing demand for ancillary/complimentary retail sales in all non-traditionally retail districts. For example, several years ago the Limited Industrial district was amended to allow ancillary retail of products produced on-site. An example of this type of use is Abdallah, where the majority of their space is production, but a small chocolate shop is included. The amendment does not seek to add retail uses in the Institutional Zone, its intent is to create a public benefit through collaborative partnerships or ancillary sales/services. Additionally, staff has become aware of a national trend for religious book stores to partner with places of worship to include a small retail bookstore within the campus. This trend, driven by the rising cost of retail space, has not been sought in Apple Valley to date. Staff is seeking to utilize the opportunity by the MacPhail and Schmitt Music partnership to proactively respond to a growing national trend. Other examples where this ordinance would benefit institutional uses include the City's golf course/pro-shop, school stores, and art museums. Staff has worked with the City Attorney to ensure any new retail uses do not disrupt the character of the Institutional Zone, which is often a buffer for residential homes/zones. The draft amendment requires that the retail sales must be ancillary or complimentary to an existing permitted or conditional use within the zone. The Zoning Administrator has the authority to determine if a proposed retail use is complimentary to the existing use, and any appeals can be made to the City Council prior to a retail user being permitted to operate. The draft ordinance also proposes the requirement that retail sales to occur in a structure with one or more permitted institutional uses. This prevents a building within the zone from operating as a solely retail use. The total permitted retail area of a building cannot exceed 15% of the gross floor area, or 4,500 sq. ft. whichever is less. This provision prevents a large retail operation and a small institutional use, similar to retail uses in the Limited Industrial Zone. BUDGET IMPACT: With the ordinance modification for institutional zoned locations, staff will proceed to work with Schmitt Music to arrange a lease with the City to occupy space previously leased to St. Mary's University. That lease ended in July 2020. ATTACHMENTS: Ordinance Presentation CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE" BY AMENDING SECTION 155.246 REGARDING RETAIL SALES WITHIN INSTITUTIONAL (P) DISTRICT The City Council of Apple Valley ordains: Section 1. Title XV of the Apple Valley City Code is amended by adding Section 155.246 (0) to read as follows: § 155. 246 PERMITTED USES. Within any P district, no structure or land shall be used, except for one or more of the following principal uses or uses deemed similar by the City Council: * * * * (0) Retail sales of product, goods or materials that are ancillary and complimentary to a use that is a permitted or an approved conditional use on the same property, subject to the following requirements: (1) Retail sales operation is not allowed as an exclusive use within its own stand- alone building; the retail sales shall occur within a building occupied by one or more other institutional uses. (2) The gross floor area of the retail sales operation is not more than 15% of the total gross floor area or 4,500 square feet, whichever is less, of the building in which it occupies. (3) The parking requirements as set forth in this Chapter for the principal use(s) and the retail sales operation on the property are met. (4) Hours of operation are limited to 7:30 a.m. to 10:00 p.m. (5) No sales operations shall occur or otherwise be permitted to occur outdoors notwithstanding any other provision in this Chapter permitting outdoor sales. (6) Notwithstanding any other provision in this Chapter, no signs,banners, posters or other placard shall be placed on any exterior window or door. (7) Retail sale of services is prohibited. * * * * Section 2. Title XV of the Apple Valley City Code is amended by revising Section 155.246 (B)to read as follows: § 155.246 PERMITTED USES. Within any P district, no structure or land shall be used, except for one or more of the following principal uses or uses deemed similar by the City Council: (B) Public libraries and public or private museums art galleries; * * * * Section 3. 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 4. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 5. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this day of , 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 2 4/9/2021 Text Amendment to Institutional Zoning District Planning Commission 4-8-21 APPVaIIey Requested Actions Accept for first reading of an ordinance amending Chapter 155 regarding uses in the "P" Institutional zone. APPVaIIey 1 4/9/2021 Purpose of Amendment MacPhail School of Music partnership with Schmitt Music Sale of musical instruments from the City's Education Building Institutional zone is intended for facilities which serve the public, or are quasi-public facilities The zone does not permit retail sales or services at this time • A text amendment to allow retail sales is required for Schmitt Music to operate in the space APPVaIIey 1 Provisions of Amendment Retail sales are generally not compatible with adjacent land uses Text limits retail sales unless in conjunction with a permitted Institutional use Retail sales must share a building with a permitted Institutional use Retail sales must only be 15% of the gross building area or 4,500 S.F., whichever is less • Hours limited • Similar provision to the Limited Industrial zone APPVaIIey Signs facing residential zones are not permitted to be lit 2 4/9/2021 Examples and other Benefits Places of Worship common in Institutional zone Retail sale of books and other related merchandise becoming more common. Many facilities in other neighboring cities already exist Schools — ISD 196 and higher education Many schools have school stores selling merchandise or other school related items Golf Course or other recreational facility Pro-shops or other stores directly relating to their operation ..:.:> APPVaIIey Public Hearing Comments Commissioners stated that the City Attorney should amend the draft code to allow ancillary services in addition to retail. The draft amendment incorporates ancillary services as a permitted use. Recommended unanimously by the Planning Commission on March 3rd, 2021 APPVaIIey 3 4/9/2021 Requested Actions Accept for first reading of an ordinance amending Chapter 155 regarding uses in the "P" Institutional zone. AppValley Questions ? e...... AppValley 4 •••• ITEM: 7. ..... •5• Apple COUNCIL MEETING DATE: April 22, 2021 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./Apr. 20 2:00 p.m. Municipal Center Cemetery Advisory Committee Meeting Wed./Apr. 21 7:00 p.m. Municipal Center Planning Commission Meeting Thur./Apr. 22 7:00 p.m. Municipal Center Regular City Council Meeting Wed./Apr. 28 9:00 a.m. Virtual Meeting Firefighters Relief Association Meeting Lebanon Hills Dakota County Labor Wed./Apr. 28 6:00 p.m. Cemetery Assembly Workers Memorial Day Service Wed./May 5 7:00 p.m. Municipal Center Planning Commission Meeting Thur./May 6 6:00 p.m. Municipal Center Informal Parks & Recreation Advisory Committee Meeting Thur./May 6 7:00 p.m. Municipal Center Regular Parks & Recreation Advisory Committee Meeting Wed./May 12 7:00 p.m. Municipal Center Traffic Safety Advisory Committee Meeting Thur./May 13 5:30 p.m. Municipal Center Informal City Council Meeting Thur./May 13 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 events marked with an asterisk (*) will any action of the Council take place. BUDGET IMPACT: N/A