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HomeMy WebLinkAbout03/22/2012 Meeting s�• •s�� •a�o� ��as sa� City of Apple Va�� CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA MARCH 22, 2012 - 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Approval of Agenda. 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda. 4. Approval of Consent A�enda Items *: *A. Approve Minutes of March 8, 2012, Regular Meeting. *B. Approve State Gambling Exempt Permit for Apple Valley Chamber of Commerce, at Valley Buick GMC, on May 3, 2012. *C. Approve Change of General Manager in Connection with On-Sale Liquor at Applebee's Neighborhood Grill and Bar, 14678 Cedar Avenue. *D. Adopt Resolution Designating Official Newspaper. *E. Adopt Resolution Establishing Election Precinct Boundaries and Polling Places. *F. Receive Cable & Telecommunications 2011 Annual Report. *G. Apple Valley Firefighters Relief Association: * 1. Adopt Resolution Approving Amendments to the Bylaws. *2. Approve Deferred Service Pension Interest Rate for 2012. *H. Adopt Resolution Approving Financing Plan for New Facilities at Valleywood Golf Course. *I. Authorize Submittal of Minnesota Department of Natural Resources Grant Application for Aquatic Invasive Species Control Projects. *J. Adopt Resolution Approving Member Intergovernmental Cooperative Purchasing Agreement with National Purchasing Partners. *K. Adopt Resolution Approving Conditional Use Permit for Commercial Recreational Use at CrossFit Northstar, 14791 Energy Way. *L. Adopt Resolution Approving Interim Use Permit for Seasonal Outdoor Volleyball Courts and Seating at Bogart's/Apple Place Bowl, 14917 Garrett Avenue. *M. Adopt Resolutions Approving Plans and Specifications and Authorizing Advertisement for Receipt of Bids at 10:00 a.m. on April 19, 2012. * 1. AV Project 2011-105, Flagstaff Avenue Extension. *2. AV Project 2011-141, Eagle Ridge Business Park. *N. Authorize Awarding of Contracts for Various Street Maintenance Services under the 2012 South Metro Cities Joint Powers Agreement. �O. Approve Various Lease Agreements: * 1. Versatile Vehicles, Inc., for 30 Golf Cars. *2. Versatile Vehicles, Inc., for Refresher Cart. * Items marked with an asterisk (*) are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests the item separately considered in its normal sequence on the agenda. (continued on reverse side) 4. Approval of Consent A�enda Items * Continued: *P. Approve Various Agreements: * 1. Budget Sandblasting & Painting, Inc., for AV Project 121, 2012 Sealing of Decorative Concrete and Block Retaining Walls. *2. Fischer Market Place, LLP, for Acquisition of Outlot C, Fischer Market Place. *3. Gartzke Construction, Inc., for AV Project 2012-116, Valleywood Clubhouse Sanitary Sewer Grinder Stations. *4. Underground Piercing, Inc., for AV Project 2011-145, Valleywood Clubhouse Sanitary Sewer Extension. *5. Magellan Pipeline Company to Lower Transmission Pipes for Construction of 147th Street W. *Q. Approve Change Orders to Valleywood Clubhouse Project: * l. No. 1 to Project #0610 - General Carpentry - Deduct $5,309.00. *2. No. 1 to Project #2100 - Fire Protection -$0. *3. No. 1 to Project #2200 - Plumbing & Piping - Add $3,198.00. *4. No. 1 to Project #2500 - Temperature Controls - Add $712.00. *5. No. 1 to Project #2600 - Electrical/Fire Alarm - Deduct $11,696.00. *R. Approve Personnel Report. 5. Regular Agenda Items: A. Master Development District Modifications: l. Hold Public Hearing. 2. Resolution Approving Amendments to Master Development Program, Tax Increment Financing (TIF) Amendments, and the Establishment of TIF District No. 14, and Approving the Financing Plan. B. Fire Department Personnel: 1. Ordinance Amending Chapter 32 of the City Code, Regulating Fire Department Personnel. (Recommend Waiving Second Reading. ) 2. Resolution Approving Firefighter Personnel Policies Handbook. C. Resolution Appointing Member to Fill Vacancy on Cemetery Advisory Committee with Term Expiring March 1, 2015. 6. Other Staff Items. 7. Council Items and Communications. 8. Calendar of Upcoming Events. 9. Claims and Bills. 10. Adj ourn. NEXT REGULARLY SCHEDULED MEETINGS: Thursday APRIL 12 5:30 p.m. (Informal) " " 7:00 p.m. (Regular) Thursday APRIL 26 7:00 p.m. (Regular) Regular meetings are broadcast, live, on Charter Communications Cable Channel 16. (Agendas and meeting minutes are also available on the City's Internet Web Site: www. cityofapplevalley. org) o•e ee�ffi ses�� ssr� ea�� City of App Va��ey UPDATE OF CITY COUNCIL REGULAR MEETING ACTIONS MARCH 22, 2012 - 7:00 P.M. 3. Audience - For Items NOT on this Agenda - No one requested to speak. 4. Approved All Consent Agenda Items *: *A. Approve Minutes of March 8, 2012, Regular Meeting. *B. Approve State Gambling Exempt Permit for Apple Valley Chamber of Commerce, at Valley Buick GMC, on May 3, 2012. *C. Approve Change of General Manager in Connection with On-Sale Liquor at Applebee's Neighborhood Grill and Bar, 14678 Cedar Avenue. *D. Adopt Resolution Designating Official Newspaper. *E. Adopt Resolution Establishing Election Precinct Boundaries and Polling Places. *F. Receive Cable & Telecommunications 2011 Annual Report. *G. Apple Valley Firefighters Relief Association: * 1. Adopt Resolution Approving Amendments to the Bylaws. *2. Approve Deferred Service Pension Interest Rate for 2012. *H. Adopt Resolution Approving Financing Plan for New Facilities at Valleywood Golf Course. *I. Authorize Submittal of Minnesota Department of Natural Resources Grant Application for Aquatic Invasive Species Control Projects. *J. Adopt Resolution Approving Member Intergovernmental Cooperative Purchasing Agreement with National Purchasing Partners. *K. Adopt Resolution Approving Conditional Use Permit for Commercial Recreational Use at CrossFit Northstar, 14791 Energy Way. *L, Adopt Resolution Approving Interim Use Permit for Seasonal Outdoor Volleyball Courts and Seating at Bogart's/Apple Place Bowl, 14917 Garrett Avenue. *M. Adopt Resolutions Approving Plans and Speeifications and Authorizing Advertisement for Receipt of Bids at 10:00 a.m. on April 19, 2012. * 1. AV Project 2011-105, Flagstaff Avenue Extension. *2. AV Project 2011-141, Eagle Ridge Business Park. *N. Authorize Awarding of Contracts for Various Street Maintenance Services under the 2012 South Metro Cities Joint Powers Agreement. *O. Approve Various Lease Agreements: * 1. Versatile Vehicles, Inc., for 30 Golf Cars. *2. Versatile Vehicles, Inc., for Refresher Cart. * Items marked with an asterisk (*) are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests the item separately considered in its normal sequence on the agenda. (continued on reverse side) 4. Approved All Consent A�enda Items * Continued: *P. Approve Various Agreements: * l. Budget Sandblasting & Painting, Inc., for AV Project 121, 2012 Sealing of Decorative Concrete and Block Retaining Walls. *2. Fischer Market Place, LLP, for Acquisition of Outlot C, Fischer Market Place. *3. Gartzke Construction, Inc., for AV Project 2012-116, Valleywood Clubhouse Sanitary Sewer Grinder Stations. *4. Underground Piercing, Inc., for AV Project 2011-145, Valleywood Clubhouse Sanitary Sewer Extension. *5. c��. (Removed from Agenda) *Q. Approve Change Orders to Valleywood Clubhouse Project: * 1. No. 1 to Project #0610 - General Carpentry - Deduct $5,309.00. *2. No. 1 to Project #2100 - Fire Protection -$0. *3. No. 1 to Project #2200 - Plumbing & Piping - Add $3,198.00. *4. No. 1 to Project #2500 - Temperature Controls - Add $712.00. *5. No. 1 to Project #2600 - Electrical/Fire Alarm - Deduct $11,696.00. *R. Approve Personnel Report. 5. Re ular A�enda Items: A. Master Development District Modifications: 1. Held Public Hearing. 2. Adopted Resolution Approving Amendments to Master Development Program, Tax Increment Financing (TIF) Amendments, and the Establishment of TIF District No. 14, and Approving the Financing Plan. B. Fire Department Personnel: 1. Accepted First Reading of Ordinance Amending Chapter 32 of the City Code, Regulating Fire Department PersonneL Second Reading Scheduled April 12, 2012. 2. Withheld Resolution Approving Firefighter Personnel Policies Handbook. C. Adopted Resolution Appointing Timothy Anderson to Fill Vacancy on Cemetery Advisory Committee with Term Expiring March 1, 2015. 6. Other Staff Items. 7. Council Items and Communications. 8. Approved Calendar of Upcoming Events. 9. Approved Claims and Bills. NEXT REGULARLY SCHEDULED MEETINGS: Thursday APRIL 12 5:30 p.m. (Informal) " " 7:00 p.m. (Regular) Thursday APRIL 26 7:00 p.m. (Regular) Regular meetings are broadcast, live, on Charter Communications Cable Channel 16. (Agendas and meeting minutes are also available on the City's Internet Web Site: www.cityofapplevalley.o�g) � . / " t CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2012 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 8th, 2012, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Public Works Director Blomstrom, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Parks and Recreation Director Johnson, City Planner Lovelace, City Engineer Manson, Police Captain Marben, Community Development Director Nordquist, Sports Arena Manager Pietig, Acting Police Chief Rechtzigel, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Goodwin, seconded by Grendahl, approving the agenda for tonight's meeting as written. Ayes - 5- Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. Mr. Gary Anderson, representing the Apple Valley Seniors Club, invited the public to the Apple Valley Seniors Showcase at the Hayes Community and Senior Center on March 30, 2012, from 11:00 a.m. to 3:00 p.m. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Bergman requested item 4.0 be placed on the regular agenda MOTION: of Hooppaw, seconded by Bergman, moving consideration of item 4.0 - Approve Ice Arena Fees to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 5- Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2012 Page 2 MOTION: of Hooppaw, seconded by Bergman, approving the minutes of the regular meeting of February 23, 2012, as written. Ayes - 5- Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Christopher Goeke Leadership Foundation, for use on May 18, 2012, at the GrandStay Hotel, 7083 153rd Street W., on May 18, 2012, and waiving any waiting period for State approval. Ayes - 5- Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the list of standing purchase orders for 2012, as attached to the Finance Director's memo dated March 5, 2012. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the Interfund Loan Policy as attached to the Finance Director's memo dated February 2, 2012. Ayes - 5- Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution 2012-59, approving the Public Works Department Policy Manual, Section 4.01 - Engineering Design Standards. Ayes - 5- Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution 2012-60, authorizing submittal of a Transit Improvement Area (TIA) Designation Application to the Minnesota Department of Employment and Economic Development and approving a Transit Improvement Area plan for the 140th Street Station Stop. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution 2012-61, authorizing submittal of a Transit Improvement Area (TIA) Designation Application to the Minnesota Department of Employment and Economic Development and approving a Transit Improvement Area plan for the 147th Street Station Stop. Ayes-S-Nays-0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution 2012-62, approving a Conditional Use Permit to allow the outdoor display, sale, and storage of a propane dispenser tank in a"PD-254" (Planned Development) zoning district on Lot 1, Block 1, U Haul Apple Valley Addition (6895 151st Street W.) for U-Haul Moving and Storage of Apple Valley, with conditions as recommended by the Planning Commission. Ayes - 5- Nays - 0. MOTION: of Hooppaw, seconded by Bergman, authorizing the Minnesota Department of Natural Resources to conduct watercraft inspections and decontaminations on City-owned lake accesses, and authorizing the Mayor and City Clerk to sign the necessary documents for right of entry authorization. Ayes - 5- Nays - 0. CITY OF APPLE VALLEY Dakota County, Miru�esota March 8, 2012 Page 3 MOTION: of Hooppaw, seconded by Bergman, approving the Master Service Agreement with Impact Mailing of Minnesota, Inc., d/b/a Impact Proven Solutions, for utility bill processing and printing services, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the Agreement for AV Project 2012-122, 2012 Sod Replacement Services, with Jirik Sod Farm, Inc., in the amount of $10,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2012-63 approving the Second Amendment to the Agreement between the Cities of Apple Valley, Eagan, Rosemount, and Farmington for joint ownership of a TSI PortaCount respirator fit testing machine, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5- Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the hiring of the full-time, part- time, and seasonal employees, and the resignations and retirement of employees, as listed in the Personnel Report dated March 8, 2012. Ayes - 5- Nays - 0. END OF CONSENT AGENDA ICE ARENA FEES Councilmember Bergman commented on the comparison group used for the fee survey. He questioned why the City of Farmington, which operates a municipal ice arena, and Wakota Ice Arena were not included in the comparison group, while St. Thomas, which is a privately operated school arena, was included. He further noted Dakota Sport and Fitness in Prior Lake, which is in the South Suburban Conference, was not included. He also questioned if fees are impacted at facilities that have multiple sheets of ice and are newer. Mr. Pietig said he knows a lot of these arena managers; and, for the most part, they are the City's neighbors south of the river. He explained the pricing for the other communities. Councilmember Bergman said he does not question the proposed fees. He is looking forward to seeing the ice arena's preliminary business plan at the upcoming goal setting session and the final business plan by the time the budget is set. Councilmember Goodwin said usually ice arena fees can fund the bonding costs or the operating costs, but not both. He noted that the bonds for the ice arena will be paid off in two years. Mr. Johnson said staff will include the other arenas in future surveys. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2012 Page 4 MOTION: of Goodwin, seconded by Bergman, approving the Sports Arena and Hayes Park Arena ice rental fees for 2012 as described in the Arena Manager's memo dated February 22, 2012. Ayes - 5- Nays - 0. FISCHER POlNT ADDITION Mr. Lovelace reviewed the request by Fischer Sand and Aggregate, LLC, for a 2030 Comprehensive Plan amendment, rezoning, and subdivision by preliminary plat on a 55.74-acre property located along the southeast corner of County Road 42 and Flagstaff Avenue. The purpose of the rezoning is to establish a 19-acre lot for a new Menards store and a 6-acre outlot for future retail development. He noted Menards has not made application for a site plan/building permit authorization. He summarized the actions by the Planning Commission during their review. He also reviewed the comments from the City's traffic consultant and presented the grading plan. Mr. Lovelace stated only two actions are requested of the City Council this evening: authorization to submit the Comprehensive Plan amendment to the Metropolitan Council, and direction for staff to begin preparation of a mixed business campus ordinance amendment. Mayor Hamann-Roland said if Menards leaves their existing site, it would be nice if some of the businesses on the City's wish list would locate there. Mr. Tom O'Neil, of Menards, said although they have not yet begun to market the property, they have received several unsolicited inquiries. He believes it is a dynamic corner and the property will sell itself. Councilmember Grendahl asked if there were any comments received during the public hearing. Mr. Lovelace said there were no public comments received at the meeting, or by mail, email, or phone. Councilmember Bergman complimented staff on their presentation at the Planning Commission meeting. He does not have issue with the outlots in front of this building but may not want to see outlots all the way down County Road 42. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2012-64 authorizing submitting to the Metropolitan Council an amendment to the 2030 Land Use Map of the Comprehensive Guide Plan redesignating Lot 1 and Outlot A, Fischer Point, from "MBC" (Mixed Business Campus) to "C" (Commercial). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, directing staff to prepare an ordinance amendment consistent with the goals and policies set forth in the 2030 Comprehensive Plan's "Mixed Business Campus" designation and begin the rezoning process for Outlots B, D, and E. Ayes - 5- Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2012 Page 5 CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk's memo dated March 5, 2012, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5- Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated March 1, 2012, in the amount of $624,688.56; and March 8, 2012, in the amount of $572,505.92. Ayes - 5- Nays - 0. CLOSE MEETING, LABOR NEGOTIATIONS Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S. 13D.03, to discuss labor negotiations. MOTION: of Goodwin, seconded by Grendahl, to enter into a closed meeting and convene in closed session to discuss LELS Police Sergeants union labor negotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 7:40 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw; City Administrator Lawe11; City Clerk Gackstetter; Human Resources Manager Haas; Acting Police Chief Rechtzigel; and Police Captain Marben. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:04 p.m. MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5- Nays - 0. The meeting was adjourned at 8:05 o'clock p.m. Respectfully Submitted, 0.C.� Pamela J. Ga cstetter, City Clerk Approved by the Apple Valley City Council on ��� I . U ���� ����� w��9 ��. City of AppValley MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela J. Gackstetter, City Clerk DATE: March 19, 2012 SUBJECT: APPLICATION FOR LAWFUL GAMBLING EXEMPT PERMIT — LG220 Apple Valley Chamber of Commerce 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 Gainbling Control Board. Issuance � is subject to approval or denial by the city in which the gambling activity is to be conducted. These permits are issued for limited fund raisers or raffles. The following application has been submitted for Council approvaL• Apple Valley Chamber of Commerce, for an event to be held at Valley Buick GMC, 7500 145th Street W., on May 3, 2012. � The application is on file should you wish to review it. Please feel free to contact me if you have any questions. Recommended Action: Motion approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,� to Apple Va11ey Chamber of Commerce, for use on May 3, 2012, at Valley Buick GMC, 7500 145th Street W., and waiving any waiting period for State approval. � ; sam •!• �• V !!t• isiip 4i; City of App�e Va��ev - MEMo City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela Gackstetter, City Clerk DATE: March 19, 2012 SUBJECT: Apple Minnesota, LLC, d/b/a Applebee's Neighborhood Grill and Bar On-Sale and Sunday Liquor Licenses Change in General Manager Applebee's Neighborhood Grill and Bar restaurant has filed an application for a change in General Manager required in connection with its On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales, at 14678 Cedar Avenue. Mr. Thomas Lee Wroblewski is being named General Manager. A personal information form has been filed on this individual and the Police Department has conducted the necessary background investigation indicating nothing to preclude the business from continuing to hold a license. The personal information form is on file should anyone wish to review it. City Code Section 111.34 provides for City Council approval of such changes and approval of the change in General Manager is recommended. Please let me know if you have any questions. Recommended Action Motion to approve the change in manager for Applebee Minnesota, LLC, d/b/a Applebee's Neighborhood Grill and Bar, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14678 Cedar Avenue, naming Thomas Lee Wroblewski as General Manager. �pJg �i• � . � •��•• •�r• •�o City of App�e Va��ey MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela J. Gackstetter, City Clerk DATE: March 19, 2012 SUBJECT: 2012 OFFICIAL NEWSPAPER On January 12, 2012, the City Council, designated the Apple Valley-Rosemount Thisweek as the City's official newspaper. ECM Publishers, Inc., the parent company of Thisweek Newspaper, acquired the Minnesota division of the American Community Newspapers II, LLC (ACN). A new business was fortned called ECM-Sun Group, LLC. On March 30, 2012, the new business will begin publishing a combined Thisweek and Sun Current newspaper called the Sun Thisweek. ECM-Sun Group, LLC, has indicated the publishing contract will now be fulfilled by the Sun Thisweek. They will honor the same terms and rates previously agreed to for 2012. The Sun Thisweek meets the requirements for a qualified newspaper under Minnesota Statutes § 331AA2. Staff is recommending the Council designate the Sun Thisweek as the City's official newspaper. Recommended Action: Motion adopting the resolution designating Sun Thisweek as the official newspaper of the City of Apple Valley effective March 30, 2012. �pJg Attachment CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION DESIGNATING THE 2012 OFFICIAL CITY OF APPLE VALLEY NEWSPAPER WHEREAS, the Apple Valley-Rosemount Thisweek Newspaper was designated as the official City newspaper for 2012; and WHEREAS, ECM Publishers, Inc., the parent company of Thisweek Newspaper, acquired another business that published the Sun Current Newspaper, and formed a new business ECM- Sun Group, LLC; and WHEREAS, the new business will begin publishing a combined newspaper called the Sun Thisweek beginning on March 30, 2012; and WHEREAS, the Sun Thisweek will honor the same terms and rates for 2012 as previously agreed to for publication in the Apple T�alley-Rosemount Thisweek newspaper; and WHEREAS, the Sun Thisweek qualifies as an official newspaper of the City, pursuant to State law, and provides publication of legal notices in a newspaper widely distributed in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the Sun Thisweek Newspaper be and hereby is designated as the official newspaper of the City of Apple Valley beginning March 30, 2012. ADOPTED this 22nd day of March, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk •ff �• � fl40 f,li• •i�• •YM� City of App�e Va��ey MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela Gackstetter, City Clerk DATE: March 19, 2012 SUBJECT: ESTABLISH PRECINCT BOUNDARIES AND POLLING PLACES Following legislative and congressional redistricting after each decennial census, cities are required to redistrict or reestablish their election precinct boundaries. This can be done by ordinance or resolution and must be completed by Apri13, 2012. Once a polling place has been designated, it remains effective until a different polling place is designated for that precinct. The congressional and legislative redistricting plan released by the Minnesota Special Redistricting Panel places all of Apple Valley in the Federal 2nd Congressional District and in the State Legislative District 57. The City is further divided between House Districts 57A and 57B. In reestablishing election precinct boundaries, cities need to ensure their precinct boundaries do not cross any of these lines. The new legislative district line divided Precincts 5, 11, and 15. With this in mind, the City's precincts have been reviewed and revised for mandatory changes as well as changes needed due to growth. A map showing the proposed 2012 precinct boundaries is attached. Following is a summary of the changes by precinct: Precinct 1: No change to the boundary. Polling location changed to Redwood Community Center because Southview Elementary was no longer available. Precinct 2: No change to boundary or polling location. Precinct 3: Northern boundary moved south and a portion of the eastern boundary was extended. Polling location changed to Westview Elementary. Precinct 4: Modifications to all sides, but generally in the same location with slight shift to east. No change to polling location. Precinct SA: New number. This precinct was carved out of former Precincts 3, 4, and 5. This precinct has two school districts. When school district elections andlor questions are on the ballot, this precinct will have two different ballot styles. Former Precinct 5 also had two ballot styles. Polling location will be Hope Church. Precinct SB: New number. The boundaries changed on three sides. About one-half of this precinct was former Precinct 5. Polling location will be Mount Olivet Assembly of God Church, which was the site for former Precinct 5. Establish Precinct Boundaries and Polling Places March 19, 2012 Page 2 Precinct 6: Northern boundary moved north and a portion of the west boundary was deleted. No change to polling location. Precinct 7: Change to southern boundary adding small area from former Precinct 8. No change to polling location. Precinct 8: One section of northern boundary moved south and western boundary was extended. No change to polling location. Precinct 9: Portion of northern boundary moved south. A portion of the southern boundary also moved south to the legislative district line. No change to polling location. Precinct 10: Portion of southern boundary moved south adding a section from former Precinct 9. No change to polling location. Precinct 11: This precinct was split by the legislative district lines resulting in modifications to all sides. The entire precinct was moved south and acquired a portion of former Precinct 13. No change to polling location. Precinct 12: Small portion of eastern boundary extended. No change to polling location. Precinct 13: Northern boundary moved south. No change to polling location. Precinct 14: Small portion of eastern boundary extended. No change to polling location. Precinct 15: This is former Precinct 16, minus the small area that was moved into former Precinct 14. No change to polling location. Precinct 16: No longer exists. Prior to the Primary Election, notices will be mailed to all voters in the City informing them of changes to their polling location as well as legislative district changes. Establishment of the precinct boundaries and polling places can be approved by adoption of the attached resolution. Staff is recommending approval. Recommended Action: Motion to adopt the resolution establishing the precinct boundaries and polling places. �PJg Attachments 2012 Precinct Map with 2012 State House Districts CITY OF APPLE VALLEV " \ � � a 618 .... 4 . , � � , � — , , � r s' �« .« r� , : , . ' �, � .-. w, X � S s � ' � t � � ° �� f i 61A a ; ara � '� ,� � � . � �. �� P%e�et-P7 � � �� �� Proelnet P � ' + o �2863 . 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SB 0 0.5 1 W � E arep�naA meoekAecawN��a� Mlps � Y � S CITY OF APPLE VALLEY RESOLUTION NO. 2012 A RESOLUTION ESTABLISHING ELECTION PRECINCT BOUNDARIES AND POLLING PLACES BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that upon adoption of this resolution and until subsequent amendment, the following precinct boundaries and polling places are hereby established for the City's election precincts: Precinct No. Polling Place Precinct Boundaries 1 Redwood Community Center The area bounded by County Road 42 on the 311 150th Street W. north, to Pennock Lane on the east, to Whitney Drive on the south, to Garden View Drive on the east, to 160th Street W. on the south, to the west City boundary. 2 Hayes Community and Senior The area bounded by County Road 42 on the north, Center to Cedar Avenue on the east, to 160th Street W. on 14601 Hayes Road the south, to Garden View Drive on the west, to Whitney Drive on the north, to Pennock Lane on the west. 3 Westview Elementary School The area bounded by 140th Street W. on the north, 225 Garden View Drive to Garden View Drive on the east, to 143rd Street W. on the north, to Hayes Road on the east, to County Road 42 on the south, to the west City boundary. 4 Apple Valley Community Center The area bounded by 138th Street W. on the north, 14603 Hayes Road to Cedar Avenue to the east, to 145th Street W. on the south, to Pennock Avenue on the east, to County Road 42 on the south, to Hayes Road on the west, to 143rd Street W. on the south, to Garden View Drive on the west, to 140th Street W. on the north, to Pennock Avenue to the west. Precinct No. Pollin P�lace Precinct Boundaries SA Hope Church The area bounded by the north City boundary, to 7477 - 145th Street W. the boundary between Independent School Districts 191 and 196 on the east, continuing to Garden View Drive on the east, to McAndrews Road on the north, to Havelock Trail on the east, to 134th Street W. on the north, to Guild Avenue on the east, to Harwell Path on the north, to Pennock Avenue on the east, to 138th Street W. on the north, to Pennock Avenue on the east, to 140th , Street W. on the south, to the west City boundary. SB Mount Olivet Assembly of God The area bounded by the north City boundary, to Church Cedar Avenue on the east, to McAndrews Road on 14201 Cedar Avenue the north, to Galaxie Avenue on the east, to Upper 136th Street W. on the south, to Highway 77 Service Road on the east, crossing Cedar Avenue, to 138th Street W. on the south, to Pennock Avenue on the west, to Harwell Path on the south, to Guild Avenue on the west, to134th Street W. on the south, to Havelock Trail on the west, to McAndrews Road on the south, to Garden View Drive on the west, and continuing on the boundary between Independent School Districts 191 and 196 on the west. 6 Augustana Health Care Center The area bounded by 140th Street W. on the north, of Apple Valley to Galaxie Avenue on the east, to 157th Street W. 14650 Garrett Avenue on the south, to Cedar Avenue on the west, to County Road 42 on the south, to Pennock Avenue on the west, to 145th Street W. on the north, to Cedar Avenue on the west. 7 Shepherd of the Valley Lutheran The area bounded by the north City boundary, to Church Johnny Cake Ridge Road on the east, to 132nd 12650 Johnny Cake Ridge Road Street W. on the south, to Galaxie Avenue on the west, to McAndrews Road on the south, to Cedar Avenue on the west. 8 Greenleaf Elementary School The area bounded by 132nd Street W. on the north, 13333 Galaxie Avenue to Johnny Cake Ridge Road on the east, to 140th Street W. on the south, to Cedar Avenue on the west, to Highway 77 Service Road on the west, to Upper 136th Street W. on the north, to Galaxie Avenue on the west. 2 Precinct No. Pollin P� Precinct Boundaries 9 Community of Christ Church The area bounded by 131 st Street W. on the north, 5990 - 134th Street Court W. to Everest Avenue on the west, to Euclid Avenue on the west, to 128th Street W. on the west, to Diamond Path on the north, to Emmer Place on the east, to 132nd Street W. on the north, to Pilot Knob Road on the west, to Diamond Path on the east, to 140th Street W. on the south, to Johnny Cake Ridge Road on the west. 10 South Suburban Evangelical Free The area bounded by the north City boundary, to Church the east City boundary, to Diamond Path on the 12600 Johnny Cake Ridge Road west, to Pilot Knob Road on the east, to 132nd Street W. on the south, to Emmer Place on the west, to Diamond Path on the south, to 128th Street W. on the east, to Euclid Avenue on the east, to Everest Avenue on the east, to 131 st Street W. on the south, to Johnny Cake Ridge Road on the west. 11 ISD 196 District Service Center The area bounded by 140th Street W. on the north, 14445 Diamond Path to Diamond Path on the east, to County Road 42 on the south, to Embry Path on the west, to 144th Street W. on the south, to Pilot Knob Road on the west. 12 Spirit of Life Presbyterian Church The area bounded by 140th Street W, on the north, 14401 Pilot Knob Road to Pilot Knob Road on the east, to 144th Street W. on the north, to Embry Path on the east, to County Road 42 on the south, to Galaxie Avenue on the west. 13 Diamond Path Elementary - The area bounded by County Road 42 on the north, School of International Studies to Diamond Path on the east, to 160th Street W. on 14455 Diamond Path the south, to Pilot Knob Road on the west. 14 Apple Valley Municipal Center The area bounded by County Road 42 on the north, 7100 - 147th Street W. to Foliage Avenue on the east, to 158th Street W. on the north, to Flagstaff Avenue on the east, to 160th Street W. on the south, to Cedar Avenue on the west, to 157th Street W. on the north, to Galaxie Avenue on the west. 3 Precinct No. Pollin Place Precinct Boundaries 15 River Valley Church The area bounded by County Road 42 on the north, 14898 Energy Way to Pilot Knob Road on the east, to 160th Street W. on the south, to Flagstaff Avenue on the west, to 158th Street W. on the south, to Foliage Avenue on the west. � BE IT FURTHER RESOLVED that the City Clerk shall post a copy of this resolution pursuant to M.S. 204B.14, and shall file maps showing the precinct boundaries with the County Treasurer-Auditor, the Secretary of State, and the School Districts. DATED this 23rd day of March, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE I, the undersigned, being the duly qualified and acting City Clerk of the City of Apple Valley, Dakota County, Minnesota, hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Apple Valley at a duly authorized meeting thereof held in the City of Apple Valley, Minnesota, on the 23rd day of March, 2012, the original of which is in my possession. (SEAL) � Pamela J. Gackstetter City Clerk 4 �. � •� • CITY OF � � � � APPLE VALLEY MEMO •���• � � � � Administration Department ��� TO: Mayor and City Council of Apple Valley Tom Lawell, City Administrator FROM: Charles Grawe, Assistant City Administrator DATE: March 22, 2012 SUBJECT: Receive 2011 Annual Cable & Telecommunications Report Attached for your receipt is a copy of the 2011 Annual Cable & Telecommunications Report for the City of Apple Valley. The report was approved by the Telecommunications Advisory Committee on March 5, 2011. The report outlines activities of government access programming, the Apple Valley, Farmington, Rosemount Cable Commission, and Charter Communications. Please feel free to contact me with any questions at 953-2508. ,�, C ITY OF APPLE VALLEY 2 011 ANNUAL CABLE & TELECOMMUNICATIONS F�.EPORT Introduction This document will serve as the annual report of the Apple Valley Telecommunications Advisory Committee to the City Council for the calendar year ended December 31, 201 L Committee Activities During 2011, the Telecommunications Advisory Committee met four times. Members of the Committee include: Rollin Bible, Jerry Brown, John Magnusson, Dale Rodell, Scott Hugstad-Vaa, and David Westbrook. Mr. Westbrook served as the chair. In 2011, the City began preparations for the renewal of the franchise agreement. The existing agreement took effect in 1999 and has a term of 15 years. Typically, the franchise renewal process takes three years. However, more recent renewals have taken 18 to 24 months. The Charter Govemment Relations Representative, the person with whom the City would work most closely, changed from Tucker Carlson to Tom BordwelL The City used the legal services of Tom Creighton to negotiate the previous two cable franchises. Mr. Creighton has since retired and the City needed to identify a legal representative. The Committee invited three prominent cable and telecommunications attorneys to present their proposals for service to the City. The Committee recommended and the City Council ultimately selected Mr. Bob Vose of the firm Kennedy and Graven. Mr. Vose worked under Mr. Creighton during the last franchise renewal and has represented the City of Rosemount in the years since, so he is very familiar with the existing franchise. The City is working jointly in the renewal process with the Cities of Farmington and Rosemount. While each city will have its own franchise ordinance, the language will be virtually identical in each, allowing for more efficient joint administration of the three franchises and cohesive partnership in the cable commission. The Committee continued its participation in the Minnesota Association of Community Telecommunications Administrators (MACTA). MACTA held several conferences during the year and has proven invaluable in keeping Committee members current with both cable television and telecommunications related trends. The Committee also monitored events pertaining to municipal wireless and broadband service provision. The City of Apple Valley also participated in a joint powers agreement with the Cities of Farmington and Rosemount to provide for certain cable television services. The group approved an operating budget for 2012 and operated for its eleventh year with a joint cable coordinator serving the three cities. Findings and Recommendations Pursuant to the cable television franchise agreement in place, the Cable Company is obligated to comply with various conditions and requirements in operating their cable television system. The following provides an issue by issue explanation of these various requirements, and a comment on the Cable Company's compliance with each during 201 L A. Insurance Coverage The franchise agreement obligates the Cable Company to maintain in effect specific minimum liability insurance coverage. It should be noted that the franchise agreement also requires that each certificate of insurance be endorsed to require at least 60 days notice to the City should the policy be canceled or terminated. The most recent certificates of insurance on file with the City show the following coverage and expiration dates: General Liability expires 11/O1/12 Automobile Liability expires 11 /O l/ 12 Excess Liability expires 11/Ol/12 Workers Compensation expires 11/O1/12 All of the above coverages were policies issued to Charter Communications, Inc. of St. Louis, Missouri. B. Service Complaints See Attachment A-2011 Complaint Log. C. Franchise Fee and PEG Fee Pursuant to the franchise agreement, the cable company is obligated to pay the City an annual franchise fee equivalent to 5% of their annual gross revenues. Under the renewed franchise, the Cable Company is required to make quarterly franchise fee payments, rather than annual payments. The quarterly payments were as follows: Quarter Franchise Fees PEG Fees First Quarter 2011 $142,582.85 $17,881.68 Second Quarter 2011 $144,465.61 $17,718.13 Third Quarter 2011 $ � 44,189.14 $17,416.26 Fourth Quarter 2011 $147,544.02 $17,344.71 Total $578,781.62 $70,360.78 The franchise fee for 2011 totaled $578,781.62, up from $564,663.26 in 2010. Quarter Franchise Fees PEG Fees First Quarter 2010 $138,509.36 $17,978.87 Second Quarter 2010 $140,484.44 $17,932.86 Third Quarter 2010 $140,452.52 $17,866.26 Fourth uarter 2010 $145,216.94 $17,978.39 Total $564,663.26 $71,756.38 Pursuant to the franchise agreement, the Cable Company is obligated to collect a PEG fee for the City. Per the franchise agreement, the City's PEG original fee was at $.25 per subscriber but can be increased at the City's discretion within limitations stated in the franchise. In addition, the Cable Company imposed an additional $.25 per subscriber fee to recover the costs of the "capital grant" given to the City in the original franchise. At the completion of the cost "recovery", the Cable Company's $.25 fee was automatically transferred to the City, raising the City's collection to $.50 per subscriber. The City received PEG fees in the amount of $70,360.78 for 201 l. The PEG fee revenue for 2010 was $71,756.38, as shown above. This slight decrease in PEG fee revenues implies a decrease in cable subscribers during the year. The PEG fee revenues are used to finance the City's portion of the joint cable commission. D. Public Access Television Under the new franchise agreement, Charter Communications is no longer required to provide the same public access television opportunities provided in the past. In 2010, Charter transferred this responsibility to the Cities in the joint powers commission. The cities provided video bulletin board messages on the channel, but not program playback. E. Cable-cast of Public Meetings Cable-casting of City Council and Planning Commission meetings continued in 2011. In addition, City of Farmington and Rosemount City Council and Planning Commission meetings and Dakota County Board meetings were also televised. F. Charter Communications Year-end Summary Provides further details on Charter's accomplishments in 2011--see Attachment B--Charter Communications Annual Report. G. Governmental Access Programming Government Access Channel 16 continued to provide government access for the joint powers commission established by the Cities of Apple Valley, Farmington, and Rosemount. Programming and bulletin board materials were added for the other cities. Digitally recorded programming cable-cast on Apple Valley Government Access Channel 16 continued in 2011. In 2008, the Commission assumed all program production duties on behalf of the City for the Valley Beat and Hook & Ladder programs. The City also used City and Commission staff to produce a video of the State of the City address. The City continued to cable-cast live Planning Commission and City Council meetings. These meetings were recable-cast periodically. H. Joint Powers Commission Year-end Summary The Commission continued to provide staffing and support services to the Cities of Apple Valley, Farmington, and Rosemount. With the full compliment of public safety programs under production, more of the stafF time is devoted to the production of the bi-monthly programs. See Attachment C for more information on the Commission's activities. I. Capital Equipment Planning and Acquisition The City began web streaming its programs in 2007. Residents can now access meetings and public safety programs on demand and view them from their computer. This also allows the City to create short public service announcements and other video enhancements to the website. Planning began for the 2012 budget and 201 Z to 2016 Capital Ixnprovements Program. ATTACHMENT A SERVICE COMPLAINT LOG Charter Communications Complaint Log 2011 KEY: (?) = Request for Information Only Date Address escription o ro em Contact Charter Charter Action 1J11J2011 100 Block Resident reports regular Complaint e-mailed Resolution: Spruce Dr. interruptions of cable TV to Charter on Swapped service that started 1/11/2011. Equipment, approximately two months replaced all ago. He states that several connecters and service calls, replacements splitters and are of equipment, and trips to remaining in the ftosemount office have contact with failed to resolve the customer to problem. He does not ensure problem is believe that the outages a now fixed. Date caused by his own Resolved:_1/26/2 equipment. During the past 011_Resolved ten years I have had By:_Lee Wiiliams- numerous professional Lead Tech. dealings with Resident and know him to be highly competent technically. Based on that, I suspect that his assessment concerning his own equipment may be correct. 1/27/2011 13200 Block Resident has several Complaint e-mailed Local Office Huntington complaints regarding to Charter on manager responds Terrace property damage, technical 1/27/2011. that "Customer to charges, and customer come to LO to service. swap to multiroom product and turn in MOXI. Spoke about damaged grass. Construction team is aware of the issue and will contact customer week of 1/31 to arrange details of repair. Repair will take place spring �11." Date Address escription o ro em Contact Charter Charter Action 4/22/2011 100 Block On January 11, 2011 Complaint e-mailed Spruce Dr. Resident first reported to Charter on regular interruptions of 4/22/2011. cable service to his DVR that began approximately in November 2010, and a complaint was filed on his behalf at that time. On 1/26/2011 Charter reported that the issue was being resolved. Despite numerous service calls and exchanges of equipment he is not satisfied that the problem has been resolved, and wants a refund for a substantial portion of the DVR service during that period. 5/12/2011 13500 Block Resident reports that Complaint e-mailed Resident reports Elkwood Drive there was a cable bury to Charter on on 5/25/2011 that done in the ROW in front 5/12/2011 restoration has of the house and been completed to adjacent properties about his satisfaction. a week ago, and that the contractor didn't fill the holes or replace the sod very welL He included photos with his e-mail that appear to confirm the property was not restored to its prior condition as required under that Cable Franchise Agreement and City Ordinance. 5/17/2011 8700 Block - Resident reports an Complaint e-mailed Residnet reports 135th St. W. unburied temporary to Charter on that the cable cable. He has called 5/17/2011 was buried on Customer Service 5/20/2011. regarding this a number of times, and several promised bury dates have been missed. Date Address escrip ion o ro em Contact Charter Charter Action 5/18/2011 13200 Block Resident reports an Complaint e-mailed Findley Ave. unburied cable to his to Charter on neighbor's home that 5/18/2011 runs around a tree on his property and then back to the neighboring home. The path of the cable . appears to be an unnecessary intrusion on to his property and it could have been run along the neighbor's property line which is at the edge of their concrete slap. Resident is very firustrated by the inconvenience the cable is causing him when mowing the lawn. It would likely be 10 days to 2 weeks before the bury could be completed. I suggested that a good short-term solution would be to have a technician stop by ASAP to briefly disconnect the cable from the pedestal and reroute it along the neighbor's property line. Date Address escription o ro em Contact Charter Charter Action 6/17/2011 13500 Resident reports a hole Complaint e-mailed Resident reports Pennock Ave. on his property from a to Charter on that the cable replacement that 6/17/2011. Their restoration has was done several months staff expects the been completed ago. The hole has not Work to be done to his been filled, nor seed or later this week or satisfaction. sod placed. He also says early next week. his DVR isn't working and is hearing static on his phone line. Repeated calls to Customer Service have not resolved the problems. He also says that he spoke with someone from the St. • Louis headquarters who told him that no further follow up would be conducted because their records show that all of the repairs and restoration have been com leted. 9/14/2011 14700 Block Resident's neighbor recently Complaint emailed Dory Court signed up for Charter to Charter on service. The technician who 9/14/11 did the install ran cable from the pedestal (located in the rear of both properties) up along the southern side of Resident's property and then connected the cable to his neighbor's house. The issue is that Resident's property does not have utility easements along the Southern side of his property where the cable drop is laid. Please send a technician to relocate the cable drop off of Resident's property. Date Address escription o ro em Contact Charter Charter Action 10/24/2011 15900 Block Apparentiy, sometime in Complaint emailed Charted emailed Granada July a Charter crew buried a to Charter on back on 10/24 Avenue cabie underneath Resident's 10/24/11 stating that the driveway but never finished cables have been connecting the cable to buried. where they were supposed to go. She now reports that there are two large piles of cable rolled up on both sides of her driveway. She is not a Charter customer and has no idea where these were supposed to be connected. She is requesting the cables be either buried or removed. 12/19/2011 5900 Block 139t Was promised a$300.00 Complaint emailed Resident called on bonus when signing up for a to Charter on 12/30/2012 to bundle package with Charter 12/29/11 report that a Cable over a year ago which representative was not received. Resident from Customer has called and e-mailed 3 or Service will credit 4 times and told she would the $300.00 receive it anytime. Still has amount to her not received it and never account. did receive a response from the emaiL ATTACHMENT B C HART E R C OMMUNICATIONS ANNUAL REPORT NOT FOR PUBLIC DISCLOSURE THIS DOCUMENT CONTAINS INFORMATION WHICH IS CONFIDENTIAL AND PROPRIETARY INFORMATION BELONGING TO CHARTER COMMUNICATIONS 2011 Annual Report Apple Valley Minnesota NOTE; NUMBERS ARE APPROXIMATE HOMES PASSED CUSTOMERS PENETRATION 2010 21,017 12,272 59% 2011 21,368 11,894 56% SYSTEM & EOUIPMENT UPGRADES - 2011 ■ Announcing Seventy-Seven (77) High Definition TV (HDTV) channels to the Charter Line-up as of the close of 2011. ■ Announcing Charter Internet Ultra Download/Upload speeds up to 100M/5M (Download a 1.6 GB mouie in 2 minutes, 11 seconds; 500 MB online game rn 40 seconds; 8 of your favorite songs in 3 seconds; 50 photos from family and friends in 8 seconds; Upload a 90 MB oNine uideo in 2 minutes, 24 seconds and share 50 photos online in 2 minutes, 40 seconds) effective November 2011. ■ Continuance of New Internet Speed accelerations 60M/4M -i 100M/5M, 18M/2M � 30M/4M, 12M/1M � 15M/3M. ■ Announcing the Charter Cloud Drive where Charter internet subscribers can easily store important files and documents in a web-based cloud allowing them to access/restore them from anywhere. ■ Continuance appreciative customer responses to the 'Yive it with Charter" rewards program. Latest '�Live It News° Earn Cash Back Bi// Credits; Redemption Days; Bid for it.� - Auction Dates, ■ The addition of Hallmark Channel HD, KSTC HD, WFfC HD - MyN, Speed Channel HD, MN HD, effective May 2011. ■ More Additional High-Definition Programming Enhancements to the High-Definition Channel Line-up, introducing Twenty Three (23) new channels: EPIX HD; MSNBC HD; HLN HD; ABC Family HD; Cartoon Network HD; Disney XD HD; Nickelodeon HD; BET HD; OWN HD; Oxygen HD; E! HD; Style HD; Travel Channel HD; TruN HD; Bio HD; CNBC HD; ESPNU HD; Spike HD; TCM HD; AMC HD; Lifetime Movie Network HD; CMT HD and VH1 HD, effective December 2011. ■ Announcing Charter's Multi-Room Digital Video Recorder (DVR) service, providing Charter subscribers with access to their entire library of DVR recordings from any network receiver in their home, effective March 2011. ■ Continuance of ��NHI�" Free Previews for NHL Center Ice, and MLB Extra Innings packages. NOT FOR PUBLIC DISCLOSURE THIS DOCUMENT CONTAfNS INFORMATION WHICH IS CONFIDENTIAL AND PROPRIETARY INFORMATION BELONGING TO CHARTER COMMUNICATIONS PLANS FOR 2012 ■ Anticipating the addition of "Investigation Discovery HD', tentative Spring 2012. ■ Anticipating the Minnesota Latino View Launch (Adding Ga/avision, Discovery en Espan% CNIV en Espan% Tr3s, ESPN Deportes, and Univision) tentative Spring 2012. ■ Anticipating the addition of "Paque N", tentative Summer 2012. ■ Anticipating the completed implementation of "Charter.net / TV Everywhere" (Launched.• HBO GO; MAX GO; BTN2Go), (Initiatives • Hulu on Charter, net; BTN2G0 iPad App; Harmony On Demand; EPIX iOS App; Turner On/ine & Apps; Starz On/ine; BTN Mobi/e; EPIX Android; Dancing with the Stars Sweeps). ■ Anticipating more options for 3D Movies On Demand and HBO 3D Movies On Demand. • Anticipating One Hundred (100) High Definition N(HDN) channels to the Charter Line-up by the end of 2012. ATTACHMENT C CABLE COORDINATOI� ANNUAL REPORT ��� � � � � CITY OF � � � � � APPLE VALLEY MEMO •� � Cable Coordinator TO: Apple Valley Telecommunications Advisory Committee Charles Grawe, Assistant City Administrator FROM: Mark Moore, Cable Coordinator DATE: March 1, 2012 SUBJECT: Cable Coordinator 2011 Annual Report APPLE VALLEY A. Systems, Equipment, Maintenance, and Repairs: 1. The Cable Department assisted Human Resources by procuring and programming a Universal Remote Control for the ACT Center TV Monitor. 2. The Character Generator (CG) titles for the City Council, Planning Commission, and Parks & Recreation Advisory Committee meetings were revised for 2011. 3. At the end of 2010 the Cable Department and city staff completed the migration of live city meeting webcasts and storage of on-line video archives from the contract vendor to the LOGIS Media Server. This will save the City $5579.40 in 2012. 4. The Control Room and Council Chambers clocks were adjusted for Daylight Saving Time. 5. Failed panel button lamps were replaced on the Ecolab Control Room video switcher. 6. A cooling fan in the Ecolab Control Room video switcher failed, and both were replaced as pre-emptive maintenance and repair. 7. The audio input level of the webcast encoder was adjusted to improve the quality of the live meeting webcasts and on-demand video archives. 8. On Oct. 12 the synchronization system for the Council Chambers N cameras failed and Mr. Moore was able to determine that the problem was a loss of GenLock signal and the area where it occurred, but did not have the proper test and repair equipment to isolate and correct it. On Oct. 13 a technician from Alpha Video was able to find a failed connector and repair it to solve the problem. 9. The Digital Video Recorder (DVR) in the Control Room suffered a catastrophic failure and was sent to the manufacturer for repair. 10. The Control Room and Council Chambers clocks were adjusted to Central Standard Time. B. Proqramrninq: 1. The Cable Department continued to produce bi-monthly episodes of Valley Beat and Hook & Ladder. 2. The Cable Department assisted the Economic Development staff with premiering the new city promotional video for the Mayor, city staff, and members of the Chamber of Commerce. 3. The Cable Department worked with Assistant City Administrator Charles Grawe and Mayor Hamann-Roland to produce the cable TV version of the 2011 Apple Valley State of the City Address. 4. The Cable Department produced the Mayor's video greeting for the Cedar Avenue BRT-TOD Town Hall Meeting that was held on July 22" Cable Coordinator 2011 Annual Report Page 1 of 8 5. The Cable Department televised live and recorded the Cedar Avenue BRT-TOD Town Hall Meeting. 6. The Cable Department produced a sixty second promotional video for the Apple Valley Beyond the Yellow Ribbon Campaign Kick Off event 7. The mass-casualty disaster drill conducted at the 157 Street Transit Station in ]uly was the full episode feature story in the October/November 2011 edition of Valley Beat. 8. The Cable Department produced a seventeen minute informational video for the Apple Valtey Beyond the Yellow Ribbon Campaign that was shown on Ch. 16. C. Other: L The Cable Department completed writing a set of instructions, designed for non-cable staff to use in an emergency, for operating the Council Chambers Telecast system and televising live on Channel 16. They are part of the larger project to establish policies and protocols for using the Cable System Over-ride during an emergency, as well as incorporating all of this into the City's Emergency Operations Plan. The operating instructions are in the TV Control Room for ready access by non-cabie staff in an emergency. 2. The Cable Department continued working with staff to establish policies and protocols for using the Emergency Cable Over-ride (ECO) during an extreme emergency, as well as incorporating them and the TV Control Room operating instructions for live telecast on Channel 16 into the City's Emergency Operations Plan. On August 5 th the Assistant City Administrator, Police Chief, Fire Chief, and Cable Department met to determine the policies and protocols for City. 3. The Cable Department ass'ssted Assistant City Administrator Charles Grawe with soliciting proposals and interviewing candidates to provide legal and consulting services for the upcoming Cable Franchise Renewal process. FARMINGTON A. Systems, Equipment, Maintenance, and Repairs: 1. The Character Generator (CG) titles for the City Council and Planning Commission meetings were revised for 2011. 2. The Kramer TP-41 in the Council Chambers A/V presentation system failed and was replaced. This component interfaces the computer video/audio signals and control system with one of the 52" flat screen monitors. 3. At the end of 2010 The Cable Department and city staff completed the migration of live city meeting webcasts and storage of on-line video archives from the contract vendor to the LOGIS Media Server. This will save the City $4,739.40 in 2011. 4. The Control Room and Council Chambers clocks were adjusted for Daylight Saving Time. 5. The input level of the Council Chambers audio system was adjusted during the )une 6 EDA meeting to improve the quality of the live meeting telecasts, webcasts, and recordings. 6. The audio input level of the webcast encoder was adjusted to improve the quality of the live meeting webcasts and on-demand video archives. 7. The TBC/Frame Synchronizer in the N Control Room was repaired. 8. City staff received numerous complaints from cable viewers that the Chambers microphones we cutting out during televised City Council and Planning Commission meetings. Staff was concerned that the older microphones were beginning to fail and asked Mr. Moore to obtain quotes to replace them. Mr. Moore agreed to get the quotes but also suggested that a qualified technician be brought in to evaluate the system to determine if the problem was being caused by failing microphones or drifted system settings. A technician from Alpha Video was able to make several adjustments to the mixer channel settings that appeared to resolve the issue. That was confirmed with city staff by Mr. Moore after several more rrteetings were televised. Cable Coordinator 2011 Annual Report Page 2 of 8 9. The Controi Room and Council Chambers clocks were adjusted to Central Standard Time. B. ProQramming: 1. The Cable Department worked with Executive Assistant Cindy Muller and Mayor Larson to produce the cable N version of the 2011 Farmington State of the City Address. 2. Liquid Assets, a one hour twenty minute documentary about water quality and systems was shown on Ch. 16. 3. A video of the 2012 Farmington Budget PowerPoint Presentation was shown on Ch. 16. C. Other: 1. The Cable Department has completed writing a set of instructions, designed for non-cable staff to use in an emergency, for operating the Council Chambers Telecast system and televising iive on Channel 16. They are part of the larger project to establish policies and protocols for using the Cable System Over-ride during an emergency as well as incorporating all of this into the City's Emergency Operations Plan. The operating instructions are in the TV Control Room for ready access by non-cable staff in an emergency. 2. The Cable Department continued working with staff to establish policies and protocols for using the ECO during an extreme emergency, as well as incorporating them and the lV Control Room operating instructions for live telecast on Channel 16 into the City's Emergency Operations Plan. On August 24 the Human Resources Director, Police Chief, and Cable Department met to determine the policies and protocols for the City. ROSEMOUNT A. Svstems. Equipment, Maintenance and Repairs• 1. The Character Generator (CG) titles for the City Council and Planning Commission meetings were revised for 2011. 2. At the end of 2010 the Cable Department and city stafF completed the migration of city meeting webcasts and on-line video archives from the contract vendor to the Vimeo hosting site. This will save the City $4,739.40 in 2011. 3. A loud humming saund in the Council Chambers was eliminated by replacing a defective audio cable connecting the presentation DVD/VCR Player to the room sound system. 4. The Control Room and Council Chambers clocks were adjusted for Daylight Saving Time. 5. The fiber connection between the Cable Commission head-end in the Apple Valley Municipal Center and FTfH Communications in Rosemount, the City's second cable and telecommunications provider, has been completed. FTTH is now carrying the cable access channel programming that is produced on Channels 12, 16, and 22 by the Cable Commission. 6. The Control Room and Council Chambers clocks were adjusted for Central Standard Time. B. Pro4ramming_ 1. The Cable Department worked with Communications Coordinator Alan Cox and Mayor Droste to produce the cable TV version of the annual Rosemount State of the City Address. �. The Cable Department videotaped a motivational seminar that was conducted for city staff. C. Other: 1. The Cable Department has completed writing a set of instructians, designed for non-cable staff to use in an emergency, for operating the Council Chambers Telecast system and televising live on Channel 22. They are part of the larger project to establish policies and protocols for using the Cable System Over-ride during an emergency as well as incorporating all of this into the City's Emergency Operations Plan. The operating Cable Coordinator 2011 Annual Report Page 3 of 8 instructions are in the TV Control Room for ready access by non-cable staff in an emergency. 2. The Cable Department continues working with stafF to establish policies and protocols for using the ECO during an extreme emergency, as well as incorporating them and the N Control Room operating instructions for live telecast on Channel 22 into the City's Emergency Operations Plan. On August 9 th the Police Chief, Communications Coordinator, and Cable Department met to determine the policies and protocols for the City. 3. The audio input level and encoding rate of the webcast encoder were adjusted to improve the quality of the live meeting webcasts and on-demand video archives. 4. The Character Generator titles and TY Crew Guide have been revised due to changes in the members serving on the Planning Commission. CABLE COMMISSION, REGULATORY, MACTA, NATOA, GENERAL, & MISCELANEOUS . Tightrope released software upgrades that improve the current operating version of the Channel 16 and 22 program playback and messaging system. They were downloaded and installed on December 2, 2010. • Mr. Moore coordinated a joint purchase of inedia used for recording city meetings and other programming in 2011 in order to achieve greater cost savings for the Member Cities. • The SDC 12 Public Access Community Bulletin Board has been functioning reliably and well since the Cable Department took it over in 2010. There are currently 50 registered Access Users in the database who submit announcements regularly, and The Cable Department still receives 3 or 4 requests per month from new users. . Mr. Moore declined an opportunity to serve a third term as President of the Minnesota Association of Community Telecommunications Administrators (MACTA} Board of Directors due to the additional challenges presented of creating a new emergency cable communications plan, preparing for upcoming cable franchise renewals, and adapting to a reduction in the cable staff in 2011. • On ]anuary 13"' Mr. Moore and Matt Lawton from the Cable Department attended a meeting of the Minnesota Government Access Producers (MGAP) at the studios of the South Washington County Cable Commission (SWCCC). It featured a presentation from John Murray with the Upper Midwest Chapter of the National Academy of Television Arts & Sciences (NATAS, aka the Emmys) regarding becoming more involved with the organization and entering video programming in the annual awards competition. The MGAP meeting also involved trading information about new video production technology and techniques, and an opportunity to network with fellow government access teievision professionafs. • On January 24 Mr. Moore participated in an on-line webinar conducted by NATOA titled "Franchise Renewal in 2011." The webinar examined what has changed since the last round of renewals and how to prepare for the next one. • On February 24 Mr. Moore and Matt Lawton attended the third annual Day at the Capitol event hosted by MACTA and held at the League of Minnesota Cities (LMC) bu+lding in Saint Paul. It featured: o updates on state and national legislative activities relating to telecommunications law, regulations, and policy; o a primer on how to effectively meet with and lobby State Legislators on telecommunications issues; and o an opportunity to record on camera interviews with relevant legislators for presentation on local access programs. The event was also attended by new House Commerce Committee Chair Rep. Joe Hoppe (R- Dist. 34B) and Committee Member Rep. Sheldon Johnson (D-Dist. 67B) who addressed the group and then took questions. Most MACTA members genuinely felt that Chair Hoppe is well Cable Coordinator 2011 Annual Report Page4of8 informed about telecommunications issues, has an open mind on the subject, and does not have a set agenda particularly with regard to estabiishing state level cable franchising. • One area that Chair Hoppe said he wants to examine is the state Public Utilities Commission (PUC) and its traditional role in certification, regulation, and complaint resolution of landline Plain Old Telephone Service (POTS). He noted that many issues concerning telephone service delivered using Voice over Internet Protocol (VoIP) are administered through the State Attorney General's office, and wireless voice service is regulated by the Federal Communications Commission (FCC). Chair Hoppe stated that the PUC is increasingly devoting its time and resources to energy issues and wonders if it makes more sense to remove legacy POTS from that agency. Mr. Moore asked him if he thought that some of what the PUC does concerning POTS was duplicated elsewhere or should simply be handled by another agency. Chair Hoppe replied that he had no opinions or recommendations about that at this time, but felt the matter should be studied and see where it leads. • For several weeks the VS4 Video Server has been experiencing a series of intermittent Code 102 Blue Screen Errors. The server is that component of the Tightrope Playback System that stores and plays the video programming we show on Channels 16 and 22. The Code 102 Error means the server is shutting itself down to prevent damage that is about to occur. It then reboots and functions normally until the next error event happens. After obtaining Commission approval and vendor quotes, the unit was replaced with the newer generation SX4 Video Server from Tightrope Media Systems. • Mr. Moore continues to participate in the monthly Franchise Renewal Forum conducted by the National Association of Telecommunications Officers & Advisors (NATOA) via phone conference. • On April 14 Mr. Moore participated in an on-line webinar conducted by NATOA about the Federal Communications Commission (FCC} Notice of Inquiry (NOI) on Local Government Rights of Way and Broadband Deployment. Of particular concern is the possibility that the NOI could result in the FCC imposing rules and regulations that would negatively impact local government's control over its Right of Way (ROW) authority and access rates with regard to telecommunications and broadband deployment. It is NOTOA's position is that the FCC does not have jurisdiction in the matter of local ROW authority, but is concerned that the agency could still attempt impose rules and regu{ations anyway. NOTOA is encouraging local governments to file comments to the NOI, and is providing templates and instructions for doing so. • On May 12 Mr. Moore participated in a MACTA Legislative Committee teleconference meeting. Of particular interest was the discussion regarding House Commerce Committee Chair Rep. Joe Hoppe's (R-Dist. 346) proposed bill to rewrite Chapter 237, the state law governing telephone service. Ann Higgins from the League of Minnesota Cities (LMC) told us that Hoppe doesn't expect any other action on HF 1692 this year except #or holding some hearings, and that he calls it AT&T's bill. Rep. Sheldon Johnson (DFL - St. Paul), who is on Hoppe's Commerce and Regulatory Reform Committee, told the City of St. Paul's lobbyist that this bill is one of several versions being considered and it doesn't affect video/cable. The MACTA Legislative Committee is concerned though because it specifically identifies IP Video as one of the Advanced Services in the Definitions section of the propose bill text. AT&T has tried to circumvent local cable franchising in other states by claiming that IP Video isn't a cable service. So far they have lost those arguments in the courts, but AT&T might have better luck here if IP Video is defined as an advanced telephone service in Chapter 237. However, that language is in direct conflict with the definition of cable TV service in Chapter 238 and we are also concerned that could lead to reopening the cable law again. It was Rep. ]ohnson who led the effort for the past several years to rewrite Chapter 238 and move cable franchising from the local to the state level. The following are additional comments and information from the Legislative Committee discussion that you might find interesting. o One of the cable attorneys beiieves that AT&T is using HR 1692 to get from the State what they couldn't with the FCC, Regulatory Forbearance based on market competition Cable Coordinator 2011 Annual Report Page 5 of 8 from Comcast. They also want to limit the State's regulatory authority to the same or less than what is at the Federal level. He feels that Hoppe's bill amounts to a complete deregulation of the telephone industry. o Another cable attorney thinks that this could reopen the issue of the 65% referendum majority needed for a municipality to provide telephone service. o MACTA's lobbyists say this is also part of AT&T's efforts to reform the way line access charges are determined for rural phone companies, and that Rep. Hoppe wants to get the Public Utilities Commission out of regulating certain things that he thinks they shouldn't be regulating. o Mr. Moore also noticed an identical sentence at the end of Sections 7, 8, and 9 in Title I regarding consumer rights, unauthorized provider changes, and unauthorized charges that would exempt providers of advanced services such as AT&T from those provisions • In response to direction given by the Cable Commission at its March 2011 meeting, Mr. Moore prepared and submitted individual recommendations to each Member City regarding replacement funding of the equipment used to televise city meetings and other programming on Government Access Channels 16 and 22. The recommendation memo was completed and distributed to the Cities on April 26, 2011. • In preparation for the upcoming cable franchise renewal process Mr. Moore recently reviewed the Federal Telecommunications Act, specifically Title VI regarding cable television. Title VI is 70 pages long containing 53 sections, and isn't indexed similar to Minnesota's Chapter 238 on cable communications. For future ease of reference Mr. Moore created a complete index to Title VI, and a partial index to other relative portions of the Federal Telecommunications Act. Copies of the indexed version will be made available to the Telecommunications Advisory Committee if requested. • The Cable Commission held its 2" Quarter Regular Meeting on June 16 at the Farmington City Hall. The Proposed 2012 Commission Budget was submitted for consideration by Mr. Moore, though no action was taken on it. The Commission also met Mr. Tom Bordwell, the new Government Relations Director for Charter Communications. The Commission's 3rd Quarter Regular Meeting is scheduled to be held on September 15 • The Cable Department continued working with Apple Valley, Farmington, and Rosemount staff to establish policies and protocols for using the ECO during an emergency, as well as incorporating them and the N Control Room operating instructions for live telecast on Channel 16 and 22 into each city`s Emergency Operations Plan. The initial meetings have been held with all three cities to establish policies and protocols. The next step is to document them and meet with Charter Communications to negotiate their implementation. • On July 25 Mr. Moore participated in an on-line webinar conducted by NATOA about the 2010 Video Accessibility Act: Meeting PEG and Government Website Obligations. • On August 23r Mr. Moore and Matt Lawton from the Cable Staff inet with Mr. Tom Bordwell in order to become better acquainted, and to generally discuss how communications and general government re{ations would be conducted. There was no substantive discussion regarding the Cities, Cable Commission, or franchise administration. , • The TV/Video Monitor for the Final Cut Pro editing system failed and was replaced. • The Cable Commission held its 3rd Quarter Regular Meeting on September 15 but had insufficient information to adopt a Proposed 2012 Budget. The Commission held its 4tn Quarter meeting as a Special Meeting on November 17 and adopted the Proposed 2012 Budget at that time. • Charter Communications technicians recently installed new digital demodulators in their head- end. Mr. Moore and Matt Lawton worked with Charter's lead technician to readjust the audio levels on the Cable Access Channels 6, 10, 12, 16, and 22. • On November 4, 2011 the Federal Communications Commission (FCC) issued an announcement that the nationa! Emergency Alert System (EAS) Test scheduled on November 9 at 2:00 P.M. EST (1:00 P.M: CST) would only last for 30 seconds instead of several minutes as originally planned. The audio portion would state °This Is A Test" and the national Cable Coordinator 2011 Annual Report Page 6 of 8 test source would also generate a test.graphic on the video portion, but many program outlets may not have the technical capability to carry the graphic or insert their own video text message indicating that. Public Safety organizations also prepared for a possible spike in 911 calls because of concerns that members of the public may not hear the audio portion for a variety of reason and could mistakenly belieye that the test is a genuine emergency announcement. There were no expectations that this would be a flawless test and it was really considered a troubleshooting effort of the EAS. The FCC wanted to learn what and where the problems are in the system so that corrective action cou{d be taken where needed, and no punitive steps were expected to be taken unless broadcast and narrowcast operators simply had not put in the equipment or bothered to install it. The Cable Department monitored the test primarily to assess its effectiveness on Charter's cable system and to ensure that all five of our access channels were included in it. At 1:00 P.M. CST on November 4 Matt Lawton and Mr. Moore were watching the Commission's cable access channels 6, 10, 12, 16, and 22 during the test. The channel's video went to Black with only a numeric countdown being displayed in the upper left corner of the screens, and there was no audio announcement or any sound generated at alt. The cable staff then began to check other channels, both local and network, on the cable system and observed the same result. After 30 seconds regular video and audio programming returned to all channels. While staff did not see and hear the test message it was immediately obvious that the access channels were at least tied into the EAS. Shortly afterward Mr. Moore contacted Charter and asked for a report from them once they had determined what occurred. He also sent an e- mail via the National Association of Telecommunications Officers & Administrators (NATOA) List-serve describing what had been observed and almost immediately messages began circulating from other members sharing their observations. In less than 90 minutes 22 NATOA members reported many problems around the country, and it quickly became apparent that EAS test failures occurred on numerous cable systems and broadcast TV and radio stations. Charter's technical staff knew immediately that the test was successful with customers using Set-top Converters, but not for those with direct-line connections to their Ns similar to what are in the Cabie Department offices and head-end. Before the end of the day Charter's technicians had found and corrected the routing errors in their network. Based on the detailed technical explanation received from them it is expected that the EAS will work on all of Charter's channels the next time it's tested, though it won't be known for certain until the national code is triggered again. Because of the very large number of system gaps that were discovered nationwide on Nov. 9 th it wouldn't be surprising to see another full EAS test within 3 to 6 months, and possibly sooner. . The 2011 Annual Conference of the Minnesota Association of Community Telecommunications Administrators (MACTA) was held on October 13 at the Wildwood Lodge in Lake Elmo. Mr. Lawton attended but Mr. Moore had to cancel due to the telecast synchronization system failure that was described earlier in this report. Mr. Moore did coordinate, but was unable to participate in, a session titled "Transitioning to HD" that addressed both the technological and franchise agreement challenges of converting cable access channels from Standard Definition to High Definition. Mr. Lawton reported that the conference was informative and worthwhile. Government Access Channels 2010 Proarammina ReQOrt (times listed in hrs:mins:secs) Cable Coordinator 2011 Annual Report Page 7 of 8 Channel 16 Apqle Vailey and Farminaton First Run 0081:46:24 - Live City Meetings 0011:47:25 - New Produced 0093:33:49 - Total first run program time 2064:20:14 - TOTAL Channel 16 2010 Program Time Channel 22 Rosemount and Dakota Countv 0049:16:36 - Live City Meetings 0013:06:18 - Recorded Dakota County Meetings 0000:49:40 - New Produced 0063:12:14 - Total first run program time 1051:15:58 - TOTAL Channel 22 2010 Program Time Cable Coordinator 2011 Annual Report Page 8 of 8 a�. 4�. G ���� .... � �. �. ..� . City of App�e � Va��ey MEMO Fire Deparhnent TO: Mayor, City Council, and City Administrator FROM: Nealon P. Thompson, Fire Chief DATE: March 19, 2012 SUBJECT: RESOLUTION AMENDING THE APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION BYLAWS AND APPROVAL OF THE DEFERRED SERVICE PENSION INTEREST RATE FOR 2012 Attached is a memo from David Ganfield, Administrator for the Apple Valley Firefighters Relief Association (AVFRA), addressing an administrative bylaw amendment related to the paying of dues by members and setting the deferred service pension interest rate for 2012. The attached bylaw amendment was approved by the AVFRA Board of Trustees and moved by the membership at their annual meeting of February 12, 2012 to clarify and update language related to members who become delinquent in paying dues. Minnesota State Statues § 424A.02 requires the City Council to ratify any AVFRA Bylaw amendments by resolution. The membership of the AVFRA respectfully requests Council approval of Amendment 1. The AVFRA Board of Trustees has also set the deferred service pension interest rate for 2012, at 0%. This action took place at their board meeting of March 14, 2012, after receiving the annual 2011 year end reports from Focus Financial and Union Bank for the AVFRA Special Fund. The special fund is responsible for paying service pensions to those firefighters who retire meeting the minimum years of service and age as outlined in the bylaws of the Association. Both reports showed a negative rate of return, -2.02 time weighted (Focus Financial) and -1.70 dollar weighted (LJnion Bank). Minnesota State Statues § 424A.02 requires the City Council to approve the interest rate as set by the AVFRA Board of Trustees annually. The AVFRA Board of Trustees requests Council approval setting the deferred service pension interest rate at 0% for 2012. Recommended Action: 1. Motion adopting the attached resolution approving amendments to the Apple Valley Firefighters Relief Association's Bylaws. 2. Approve recommended Deferred Service Pension interest rate of 0% for 2012. Attachments: By-laws of the Apple Valley Firefighters Relief Association CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION APPROVING AMENDMENTS TO BYLAWS OF THE APPLE VALLEY FIREFIGHTERS' RELIEF ASSOCIATION WHEREAS, new Bylaws of the Apple Valley Firefighters' Relief Association were adopted and approved on March 23, 1989, and amended by City Council approval on February 22, 1990; August 9, 1990; June 25, 1992; February 24, 1994; July 28, 1994; December 8, 1994; February 22, 1996; Apri124, 1997; November 25, 1997, October 28, 1999; October 25, 2001; November 26, 2002; October 23, 2003, October 27, 2005; March 22, 2007; October 25, 2007; February 26, 2009; February 25, 2010; February 24, 2011; and January 12, 2012. WHEREAS, the Board of Trustees recommended and the membership of the Apple Valley Firefighter's Relief Association approved amendments to the Bylaws at the Special Meeting on February 12, 2012, a copy of which are attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the amendments to the Bylaws of the Apple Valley Firefighters' Relief Association, attached hereto as Exhibit A, are hereby approved. BE IT FURTHER RESOLVED that a copy of the Bylaws is directed to be filed with the Minnesota State Auditor pursuant to Minnesota Statutes 424A.02, Subd. 10. ADOPTED this 22nd day of March, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE I, PAMELA J. GACKSTETTER, City Clerk of the City of Apple Valley, hereby certify that the foregoing resolution is a true and correct copy of a resolution adopted by the Apple Valley City Council on January 12, 2012. Pamela J. Gackstetter, City Clerk APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION 7100 West 147th Street Apple Valley, MN. 55124 Q � �q� President- Lance Berger 2014 Trustee - Robert Hochsprung Q �� Treasurer- Douglas Syrstad 2013 Trustee - Robert Nelson Secretary- Robert Kleven 2015 Vice President— Michael Murphy �� E DE�'� Statutory Members : AVFRA Administrator Mayor - Mary Hamann-Roland David J Ganfield City Clerk - Pam Gackstetter dqanfieldCa�hotmail.com Chief - Nealon Thompson 612-598-6369 MEMO To: Mayor and� Council Members of the City of App1e Valley From: David Ganfield, Administrator, 612-598-6369 Apple Valley Firefighter Relief Assn. (AVFRA) Re: 2012 AVFRA Bylaw Amendments February 12, 2012 Deferred Interest Rate for 2012, 0% In 20ll the AVFRA Special Fund had a-1.71 % return due in part to large sell offs during the year. The AVFRA Special Fund received $480,250 in state and municipal contributions. $394,779 was paid to AVFRA retired members with $216,833 to lump sum retirees and $177,946 to monthly retirees. The fund totaled $4,401,881.46 at year end. The AVFRA General Fund had a.99% return due in part to large sell offs during the year. $3,793.56 was paid out in share disbursements. The fund totaled $61,072.41 at year end. At the end of 2011 the AVFRA has 148 total members: 65 — Active Members; 1 — Member on LOA; 14 — Deferred Retired Members; 5— Retired Members receiving a monthly pension; 3— Retired Members receiving a monthly pension w/l0yr SS; 1— Retired member receiving a Joint/50% monthly pension; 11 — Retired Members receiving a Joint/100% monthly pension; 2— Surviving Spouses receiving a monthly pension and; 46 — Retired members who received a lump sum pension. 148 The following Amendment had been reviewed and approved by the Board of Trustees to be voted upon by the membership. A resolution to Amend the December 19, 2011 Bylaws of the AVFRA was presented to the general membership at the Annual Meeting held February 12, 2012. The Amendment passed. AMENDMENT I Since the FD payroll went to a monthly check we have had instances where some members did not have enough earned to cover the dues for the month. After many notices some FF remained past due. Some were under the belief that the dues would just be doubled the next month when they had earned enough to cover the dues. The city does not do this and should not be required to perform AVFRA responsibilities. This amendment requires dues to be paid within 30 days of the notice of past dues and if they are not paid within 30 days, a fee of $100 will be added to the past dues and the time a$er the 30 days till paid � will not be active time. � i ARTICLE I MEMBERSHIP 1.4* Dues, assessments. Dues and assessments and their method of collection shall be as hereinafter set forth: (a) Dues, when paid, are for the annual period (January 1 through December 31) or fraction thereof. (b) Active members shall pay the sum of twelve (12) hours of fire pay per annum as dues effective January 1, 2008. (c) Annual dues will be collected as a payroll deduction through the City of Apple Valley, from each member's monthly payroll check. One twelfth (8.333%) of the annual dues will be withheld from each-monthly check. (d) If the amount of the payroll check is not sufficient to cover the dues amount, the Secretary shall forthwith mail a notice of delinquency to the member. If the dues are not paid within � 30 days after the notice is mailed, membership in this Association shall automatically � be suspended. ��e ,.� e i n nn (e) Deferred and retired members shall pay no dues. 1.6 , , , • , • 1.6 Anv_ member under susnension from the Association for cause or for failure to pav dues nursuant to Article 1.4 of these Bv-Laws can onlv have the member's suspension lifted unon �linQ a comnleted applicatior� _ or the liftin� of the susnension in writin�, which is delivered to the Secretai-v, accompanied bv a sum epual to the amount which would have been pavable during the period of suspension and anv outstandin� dues, plus a reinstatement fee of $100.00. UDOn receiDt bv the association oF the application and proDer payment, the suspension is lifted. Add �e Since the AVFRA is required by MS 424A.02, subd. 10, to have Municipal Approval of Amendments, I have included the Bylaws Table of Contents, FEBRUARY 12, 2012 Bylaws and ADDENDUM A for your review. No benefits were increased in this Amendment. In 2011 the AVFRA Membership approved a bylaw amendment that allowed the AVFRA Board to annually set the deferred interest rate effective the first of the month following Council approval. 6.1 Service pensions (e) Deferred service pension. (2) The deferred service pension shall be payable as set forth in 6.1 (b) except that: (b) As specified in MS 424A.02 subd. 7(c), interest will be paid on the deferred lump sum service pension during the period of deferral, up to the member reaching age 50, at an interest rate of up to 5% compounded annual.ly as set by the board of trustees as provided in MS 424A.02 subd. 7(c)(2) and approved as provided in MS 424A.02 subd. 10. The AVFRA Board of Trustees, at the 3/14/12 meeting, approved the 2012 interest rate to be calculated at 0%, based on the rate of return for the Special Fund during 2011. We ask the Council to approve this rate at their earliest convenience. 2 I would also like to inform the Council that Mike Murphy was re-elected as Vice President and Robert Kleven was elected to the position of Secretary, replacing Tom Halter after 4 years of AVFRA service as Vice president and Secretary. The AVFRA membership thanks Mayor Mary Hamann-Roland, Council Members, Chief Thompson and staff for their continued support of firefighter benefits and continued partnership in support of the fire department. If there are any questions, feel free to contact me. David Ganfield Administrator 612-598-6369 3 BYLAWS Apple Valley Firefighters Relief Association BYLAWS OF THE APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION TABLE OF CONTENTS Page PURPOSE ........................................................................... 1 ARTICLE I - MEMBERSHIP 1.1 Membership ......................................................... 1 1.2* Written application ................................................ 1 1.3 Classes of inembers . . . . .. . .. . . . .. . . .. . . . . . . . .. .. . .. . . .. . . . . .. . .. . .. 1 (a) Active members ............ ...... ..................... 1 (b) Deferred members ....................................... 1 (c) Retired members ....................................... 1 1.3.1 (a) Active Service Time ....................................... 1 (b) Members in Good Standing .............................. 1 1.4* Dues, assessments ................................................ 2 1.5 Attempt to defraud .. . .. . .. . .. . . . . .. . . . . . . . . .. . . . .. . . .. . .. .. . . .. . .. 2 1.6 Suspended member ............ ...... . ......... .................. 2 1.7 Leave of Absence .. . .. . .. . .. . . . . .. . . . . . .. . .. . . . . . . .. . . .. .. . . .. . .. 2 1.8 Termination of inembership . .. . . . .. . . . . . .. . .. . .. . . . .. . . . ..... . .... 3 ARTICLE II - BOARD OF TRUSTEES 2.1 Board of Trustees ... ...... ...... .................. ...... ......... 3 2.2 Terms of office ... ...... ......... ............... ............... 3 2.3 Cause for removal ... ............. .............. ...... ......... 4 2.4* Duty of the Board of Trustees . . . . . . .. . . ..... . . .. . .. . .. . .. .. 4 2.5 Investment of the funds . . . . .. . . . . . . . . . .. . . . . . .. . . . .. . . . . .. . .. . 4 2.5.1 Investment Policy .................. .................. ............ 4 2.5.2 Broker Certification ....................................... 4 2.6* Fiduciary obligation ............................................. ... 4 ARTICLE III - DUTIES OF THE OFFICERS 3.1 * Duty of the President ................................................ 5 3.2 Duty of the Vice President ................................... .... 5 3.3* Duty of the Secretary ................................................ 5 3.4* Duty of the Treasurer ..................... ...... ..................... 6 3.5 Duty of the Trustees .. . . . . . . . . . . .. . . .. . . . . . . . .. . . . .. . . .. . .. . .. . .. .. . 6 3.6* Aid Committee ................................................. 6 ARTICLE IV - MEETINGS 4.1 Annual meeting ................................................ 6 4.2 Regular meetings ................................................ 6 (a) Place ......................................................... 6 (b)* Notice ........................................................ � 6 (c) Act by majority ... .................. ... ............... 6 �d) Quorum .............................................. 6 2012-012 Bylaws - Table of Contents.doc BYLAWS Apple Valley Firefighters Relief Association Page 4.3 * Notice of the meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.4 Special meetings .......................... .................... 7 4.5 Quorum .......................................................... 7 4.6 Reports in writing ................................................ 7 4.7* Robert's Rules of Order ....................................... 7 4.8 Order of business ................................................ 7 4.9 Voting ......................................................... 7 ARTICLE V - FUNDS 5.1. Funds required ................................................ 8 (a) General Fund ................................................ 8 (b) Special Fund ................................................ 8 5.2 Depo sits .......................................................... 8 5.3 Disbursements . . . . . . . .. . .. . . . . . ..... . . . . . . . . .. . .. . .. . . . .. . .. . .. . .. . .. ... 8 ARTICLE VI - BENEFITS � 6.1 Service Pensions ................................................. 8 (a) Eligibility requirements .............................. 8 �(b) Service pension ....................................... 9 (c)* Application ................................................. 9 (d)* Approval, amount of pension ............................... 9 (e) Deferred service pension ....................... ........ 10 ( fl Year of service . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . ... 10 (g) Surviving Spouse ........................................ 10 (h) Monthly Service Pension .............................. 10 (i) Joint monthly service pension . . . . . . . . . . . . . . . . . . . . . . . . ... . . . 10 (1) Joint and 100% monthly service pension ... 10 (2) Joint and 50% monthly service pension �... 11 (j) Monthly service pension survivor benefit ............. 12 (k) Surviving Children's monthly service pension ... 12 (1) Lump Sum Service Pension .............................. 12 6.2 Ancillary Benefits ..................... ...... ..................... 12 (a) Survivor Benefit ............ ... ... ..................... 12 (b) Deferred Member Survivor or Death Benefit ............. 13 6.3 Limits on Benefits ................................................ 12 (a) Domestic Relations Order .............................. 12 (b) Garnishment, Judgment ar Legal Process ............ 13 (c) No assignment ....................................... 13 (d) Applicability of Internal Revenue Code ............ 13 ARTICLE VII - AMENDMENTS 7.1 Bylaws amendment ................................................ 13 ARTICLE VIII - MUNICIPAL RATIFICATION 8.1 City Council Approval of amendments . .. . . . .. ..... . .. . . .... 14 2012-012 Bylaws - Table of Contents.doc BYLAWS Apple Valley Fire6ghters Relief Association BYLAWS OF THE APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION This instrument constitutes the Bylaws of the Apple Valley Firefighters Relief Association adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written defined benefit pension plan for the relief association. (Amended H. Res. 1996-36) PURPOSE The Purpose of the Apple Valley Firefighters Relief Association (Association) is to provide retirement relief and other benefits to its members and dependents. The Apple Valley Firefighters Relief Association is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services of firefighting and emergency first response. All benefits issued by this Association are governed by these bylaws and federal and state laws. (Amended H. Res. 1996-36; Amended Q. Res. 2007-185) ARTICLE I MEMBERSHIP I.1 Any regular or probationary active member of the Apple Valley Fire Department shall be eligible to apply for membership in this Association. 1.1.1 Exclusion. Minors, under eighteen years of age, that are members of a youth, civic, or educational organization or program who participate with uninterrupted adult superoision, as allowed by federallaw and by Minn. Stat. § 181A.04, are permitted to perform duties with the Apple Valley Fire Department, but are not eligible for membership in this Association. (Amended B. Res. 1990 T. Res. 2011 1.2* Written application accompanied by an application fee of $15.00 may be made at any regular or special meeting of the Board of Trustees, and then laid over for one month for consideration. If the application is not approved, the application fee shall be returned to the applicant. When application is approved, the applicant shall receive a certificate of inembership signed by the President and Secretary of the Association. � 1.3 Classes of inembers. There shall be the following classes of inembers in the Association: (a) Active members. Active members shall be the members who are serving on active duty as members of the Apple Valley Fire Department. (b) Deferred members. Deferred members shall be those members who have not yet reached the age of 50 years but who have served at least 5 years of active duty as firefighters in the Apple Valley Fire Department, have separated from such service as firefighters and have been members in good standing of the Association at least 5 consecutive years prior to separation from service, other than time on suspension and approved Leaves of Absence from the Apple Valley Fire Department. (1) A person commencing active duty prior to 1/1/2010 must have served at least 5 years of active duty as a firefighter in the Apple Valley Fire Department. (2) A person commencing active duty after 1/1/2010 must have served at least 10 years of active duty as a firefighter in the Apple Valley Fire Department. * Refer to Poticies of the Board Page 1 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association (c) Retired members. Retired members shall be those members who have received a service pension from the Association. (Amended Q. Res. 2007-185; T. Res. 2011-26) 1.3.1 (a) Active Service Time shall be time served on active duty as a member of the Apple Valley Fire Department other than while on suspension or on Leave of Absence. (b) Members are considered to be in good standing other than while on suspension or on Leave of Absence from the Association or the Apple Valley Fire Department. (c) Annually, the Board of Trustees shall request from the chief of the Apple Valley Fire Department a written certification indicating whether each member has completed their active duty requirements for the prior year. (Amended R. Res. 2009-26; T. Res. 2011- 26) 1.4* Dues, assessments. Dues and assessments and their method of collection shall be as hereinafter set forth: (a) Dues, when paid, are for the annual period (January 1 through December 31) or fraction thereo£ (b) Active members shall pay the sum of twelve (12) hours of fire pay per annum as dues effective January 1, 2008. (c) Annual dues will be collected as a payroll deduction through the City of Apple Va11ey, from each member's monthly payroll check. One twelfth (8.333%) of the annual dues will be withheld from each-monthly check. (d) If the amount of the payroll check is not sufficient to cover the dues amount, the Secretary shall forthwith mail a notice of delinquency to the member. If the dues are not paid within 30 days after the notice is mailed, membership in this Association shall automatically be suspended. (e) Deferred and retired members shall pay no dues. (Amended Q. Res. 2007-185; T. Res. 2011-26; V. Res. 2012-XX) 1.5 Any member who shall, in the opinion of a majority of the members of the Board of Trustees, fraudulently claim benefits from, or defraud or attempt to defraud the Association in any way, shall be suspended from membership by the Board, and shall forfeit all further rights to benefits from the Association. 1.6 Any member under suspension from the Association for cause or for failure to pay dues pursuant to Article 1.4 of these By-Laws can only have the member's suspension lifted upon filing a completed application far the lifting of the suspension in writing, which is delivered to the Secretary, accompanied by a sum equal to the amount which would have been payable during the period of suspension and any outstanding dues, plus a reinstatement fee of $100.00. Upon receipt by the association of the application and proper payment, the suspension is lifted. (Amended R. Res. 2009-26; V. Res. 2012-XX) 1.7 Leave of Absence. (a)* Any member who is granted a leave of absence by the Apple Valley Fire Department shall during such leave be relieved of paying dues to this Association, and during such leave and period of nonpayment of dues, shall not be entitled to any benefit whatever. If, after expiration of such leave, the member again becomes active in the Apple Valley Fire Department, can be reinstated by payment of dues accrued during the leave of absenCe. (Amended H. Res. 1996-36) (b) Any member who enlists or is drafted to enter the Armed Services of the United States of America shall be relieved of paying dues in this Association during the time of active military service, but shall retain all rights and benefits in the Association. (1) Subject to restrictions stated in M.S. 424A.021, a�volunteer firefighter who is absent ''� Refer to Policies of the Board Page 2 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association from firefighting service due to service in the uniformed services, as defined in United States Code, title 38, section 4303(13), may obtain service credit not to exceed five years, unless a longer period is required under United States Code, title 38, section 4312. (a) To be eligible for service credit under this section, the volunteer firefighter must return to firefighting service with coverage by the Association upon discharge from service in the uniformed service within the time frame required in United States Code, title 38, section 4312(e). (b) Service credit is not authorized if the firefighter separates from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions. (c) Service credit is not autharized if the firefighter fails to provide notice to the fire department that the individual is leaving to provide service in the uniformed service, unless it is not feasible to provide that notice due to the emergency nature of the situation. � (Amended H. Res. 1996 L Res. 1997 Amended Q. Res. 2007 (c) Any member who received disability benefits due to a fire related injury, for a period of more than one month in any calendar year shall be relieved of paying dues in this Association during the period of disability, but shall retain all other rights and benefits in the Association. (Amended H. Res. 1996-36) (d) Leave of absence time is not considered active service time towards retirement. (Amended R. Res. 2009-26) 1.8 Termination of inembership. Active members may be expelled from the Association for cause by a 60% vote of all the members at a regular or special meeting provided a quorum is present. Notice of the meeting and a written statement of the particular charges sha11 be given to the member at least 15 days, excluding the date of the meeting, in advance of the meeting. The member shall be given an opportunity to be heard at the meeting. Cause for termination shall include, but not be limited to, resignation or discharge from the Apple Valley Fire Department, failure to account for money belonging to the Association, feigning illness or injury for the purpose of defrauding the Association. ARTICLE II BOARD OF TRUSTEES 2.1 The Board of Trustees as specified under Minn. Stat. 424A.04, shall be composed of the following nine (9) persons: a President, a Vice President, a Secretary, a Treasurer, and two (2) general Trustees, each of whom shall be elected for a three-year term as specified in this Article, or until their successor has been elected and qualified, at the annual meeting of the Association from its members, and the statutory members: the Chief of the Apple Valley Fire Department, and one elected municipal official and one elected ar appointed municipal official who are designated annually as municipal representatives by the City Council of the City of Apple Valley. Active and deferred members are eligible to be elected as trustees and one of the six trustees may be a retired member receiving a monthly pension who is elected by the membership of the Relief Association. (Amended E. Res. 1994-55; H. Res. 1996-36; L Res. 1997-80; P. Res. 2007-55; T. Res. 2011-26) 2.2 The terms of office of the general Trustees and the officers shall be grouped as follows: (President and one Trustee), (Vice President and Secretary), (Treasurer and one Trustee). The terms shall be arranged so that one group shall be elected at each annual meeting. If a vacancy, other than a vacancy caused by removal for cause of an officer or trustee, occurs during the term of office of any officer ar trustee, the remaining members of the Board of Trustees shall elect a member of the Association to serve for the unexpired term of the vacated position. * Refer to Policies of the Board Page 3 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association (Amended I. Res. 1997-80) 2.3 A general trustee or officer may be removed for cause. Cause for removal shall include, but shall not be limited to, the breach of the duties as set forth in Articles II and III of these Bylaws. One or more of the Trustees or officers may be removed at a meeting of the membership which has been called for that purpose by a 2/3 vote of those present and voting at such meeting, provided a quorum is present. Notice of the meeting at which removal is to be considered shall be given to each member and shall include the purpose of the meeting. The general trustee or officer shall be furnished with a statement of the particular charges at least 15 days before the meeting is to be held. At the meeting, the general trustee or officer shall be given an opportunity to be fully heard as to each charge. If a general trustee ar officer is removed, a replacement shall be elected at the same meeting, and such replacement shall serve ou� the unexpired term of the removed general trustee or officer. 2.4* It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the Association, and whenever investments are made, to investigate and pass upon the securities offered and to attend to the drawing up and execution of the necessary papers. The Board shall order an audit of the books and accounts of the Secretary and the Treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. 2S The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes 356A.06, subd. 7. 2.51 The Board sha11 have on file a copy of the investment policy of the Association. 2.5.2 The Association shall provide annually to its broker a written statement of investment restrictions from the applicable state laws and the Association's investment policy. The broker must annually submit the Broker Certification form to the Association befare the Association enters or continues business with said broker. (Amended Q. Res. 2007-185) 2.6* The members of the Board of Trustees shall act as Trustees with a fiduciary obligation to the members of the Association, to the City of Apple Valley and to the State of Minnesota. In the discharge of their respective duties, each Trustee of the Board of Trustees is a fiduciary and shall be held to the standard of care enumerated in M.S. Section 11A.09. In addition, the Trustees must act in accordance with M.S. Chapter 356A. No Trustee of the Apple Valley Firefighters Relief Association shall cause the relief association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one of the following direct or indirect transactions: (1) sale, exchange, or leasing of any real property between the relief association and a board member; (2) lending of money or other extension of credit between the relief association and a board member ar member of the relief association; (3) furnishing of goods, services, ar facilities between the relief association and a � board member; or (4) transfer to a board member, ar use by or for the benefit of a board member, of any assets of the relief association. Transfer of assets does not mean the payment of relief association benefits or administrative expenses permitted by law. (Amended H. Res. 1996 ARTICLE III * Refer to Policies of the Board Page 4 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association DUTIES OF THE OFFICERS 31� (a) It shall be the duty of the President to: � (1) Attend and to preside at all meetings of the Association and the Board of Trustees. (2) Enforce the due observance of the �lrticles of Incorporation and Bylaws and see that the other officers properly perform the duties assigned to them. (3) Sign all documents requiring the signature of the President. (4) Be a member of all committees except the Aid Committee. (5) Exercise careful supervision over the affairs of the Association. (b) The President shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. � 3.2 (a) It shall be the duty of the Vice President to: (1) Perform the duties of the President in the absence of the President. In the absence of both the President and the Vice President, it shall be the duty of the Association to elect a President Pro Tem, who shall perform the duties incident to the office. (2) Assist the President. (3) Be a member of the Aid Committee. � (Amended H. Res. 1996-36) 3.3* (a) It shall be the duty of the Secretary to: (1) Keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. � � (2) Keep a correct record of all amendments, alterations, and additions to the Articles of Incorporation or the Bylaws in a separate book from the minute books of the Association. �(3) Act as custodian of the seal and records of the Association, sign its official papers, and perform such other duties as may be imposed by the Board of Trustees. (4) Cause due notice of all meetings of the Association and of the Board of Ti-ustees to be given. (5) Submit a report in writing at each regular meeting of the Board of Trustees showing the names of all persons who have applied for membership or ceased to be members since the last report, the names of all persons to whom money has been paid, the amount, and the reason therefor, the amount of money received since the last report and the source thereof, the amount of money on hand, and where the same is invested or deposited, and such other information as will show the financial condition of the Association. (6) Keep a roll of inembership, with the date of joining, resignation, discharge, leaves of absence, dues and assessments paid, and relief or pensions furnished. (7) The Secretary's books shall be at all times open to inspection by the Board of Trustees and jointly with the Treasurer prepare and file all reports and statements required by law. (b) The Secretary shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of � the Association. 3.4� (a) It shall be the duty of the Treasurer to: * Refer to Policies of the Board Page 5 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association (1) Receive all funds belonging to the Association and hold them subject to the order of the President or the Board of Trustees. (2) Keep separate and distinct accounts of the Special and General Funds, and shall prepare and present to the Board of Trustees, a full and detailed statement of the assets and liabilities of each fund at each meeting of the Board of Trustees, and � prior to the annual meeting of the Association. (3) Deliver to their successor in office, or to any committee appointed by the Board of Trustees to receive the same, all moneys, books, papers and other items pertaining to the office immediately upon expiration of the term of office. (4) Prior to entering upon the duties of the office, give a bond in such amount as required by law, Minn. Stat. 69.051, subd. 2, and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of his trust and the faithful performance of the duties of the office. Such bond shall be paid for from the Special Fund of the Association. (5) Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements as required by law. (b) The Treasurer shall receive such salary as may be fixed by the Board of Trustees from time to time, subject to approval of the Association, and payable from the Special Fund of the Association. (Amended H. Res. 1996 Amended Q. Res. 2007 3.5 It shall be the duty of the Trustees to assist the members of the Board of Ti-ustees with their duties. 3.6� There shall be an Aid Committee composed of the Vice President and three other members of the Association, who may or may not be members of the Board of Trustees, appointed by the Board of Trustees. The Vice President shall be the chairman of this committee. The duty of the committee shall be to make provisions for the assistance to be rendered to each sick or disabled member, and to the survivors of any deceased member in accordance with the provisions of these Bylaws. ARTICLE IV MEETINGS 41 The annual meeting of the Association, for the election of officers and trustees, and other business, shall be held on the first Sunday after the first Monday of February. 4.2 The Board of Trustees shall hold at least four regular meetings during each year. (Preferably more) � � (a) Place. A meeting of the Board of Ti°ustees may be held at any place within this state designated by the Board. (b)* Notice. Subject to waiver, notice of every meeting shall be sent or delivered by the Secretary to each Trustee entitled to vote at the meeting at least 5 but not more than 30 days before the meeting, excluding the date of the meeting, which sets forth the time, place, and in the case of a special meeting, purpose. A notice of ineetings, including the date, time and location, shall be posted at each fire station and city ha1L (c) Act by majority. An act of the majority of the Trustees present at a meeting at which a quorum is present is an act of the Board. (d) Quorum. The presence of a majority of the members of the Board shall constitute a quorum of the Board. (Amended Q. Res. 2007- 185) 4.3* Notice of the meetings and elections shall be given to all members entitled to vote at the meeting * Refer to Policies of the Board Page 6 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association or election. Such notice shall be in writing and state the time, place, and in case of a special meeting, the purpose, and be posted at each fire hall not less than 5 nor more than 30 days before the meeting, excluding the date of the meeting. 4.4 Special meetings of the Association or the Board of Trustees may be called by the President, or by 2 members of the Board of Trustees, shall also be called upon written request of 10 or more members of the Association. Members or trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be contained in such notice. Special meetings must be held within 10 to 30 days upon request. 4.5 Quorum. (a) Subject to 4.5 (c), a quorum is necessary for the transaction of business at a meeting. (b) When a quorum is not present, any meeting may be adjourned from time to time for that reason. (c) When a quorum has been present at a meeting and members have withdrawn from the meeting so that less than a quorum remains, the members still present may continue to transact business until adjournment. (d) A quorum for meetings of inembers is (30%) percent of the active membership of the ReliefAssociation. (Amended E. Res. 1994-55; M. Res. 2002-219; R. Res. 2009-26) 4.6 All reports and resolutions shall be submitted in writing, and no report shall be accepted unless it is the report of the majority of a committee, provided however, that the minority shall be permitted to present its view in writing. 4.7* All meetings shall be conducted according to Robert's Rules of Order, as revised. 4.8 Order of business. At the annual and at all regular meetings the order of business sha11 be as follows: � (a) Call to order � � (b) Roll call , � � (c) Reading of minutes of previous meeting (d) Secretary's report (e) Treasurer's report (� Committee reports � (g) Unfinished business � (h) Election of officers (annual meeting) � � (i) New business (j) Adjournment (Amended H. Res. 1996 4.9 Voting. Each active member in good standing, deferred member or retired member receiving a monthly pension shall be entitled to vote on any matter which the members vote upon. Neither cumulative voting nor voting by proxy shall be allowed. (Amended E. Res. 1994 � ARTICLE V * Refer to Policies of the Board Page 7 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association FUNDS 5.1. Funds required. The Association shall maintain in its treasury a General Fund and a Special Fund. (a) General Fund. One fund shall be called the General Fund to which shall be credited all moneys received from dues, fines, initiation fees, entertainment revenues and any moneys or property donated, given, granted or devised by any person for unspecified uses. The General Fund may be used for any purpose authorized by either the Articles of Incorporation or the Bylaws, including but not limited to the following: expenses of entertainment, dinners, dances, games, flowers for the sick or deceased members, expenses of administering the fund. Any member leaving the Association in good standing shall be entitled to a sum not to exceed the sum of dues paid to date when the total of the account so dictates, or a sum apportioned to the basis of dues paid and time of service, the total of which shall be determined by the Board of Trustees, and for any and all purposes as authorized by resolution of the Board of Trustees. (b) Special Fund. The other fund shall be called the Special Fund. The Special Fund shall be credited with all fire state-aid moneys received pursuant to law, all taxes levied by or other revenue received from the City pursuant to law providing for municipal support for the Relief Association, any moneys or property donated, given, granted or devised by any person which is specified for use for the support of the Special Fund, and any interest earned upon assets of the Special Fund. No disbursement shall be made from the Special Fund for any purpose except a purpose for which such Special Fund is held in trust consistent with provisions in the Articles of Incorporation or Bylaws, and administrative expenses as limited by M.S. 69.80. All other expenses of the Association shall be paid out of the General Fund. (Amended H. Res. 1996-36) 5.2 Deposits. All money belonging to this Association shall be deposited to the credit of the association in such banks, trust companies or other depositories as the Board of Trustees may designate. The Board of Trustees shall make deposits in conformance with state statutes, the Bylaws- and the investment policy. (Amended H. Res. 1996 5.3 Disbursements. No disbursement of the funds of this Association shall be issued until the claim to which it relates has been approved by the Board of Trustees. All checks or expenditures drawn by the Treasurer must be countersigned by the President or Vice-President. (Amended H. Res. 1996-36) � ARTICLE VI BENEFITS 6.1 Service Pensions. (a) Eligibility requirements. To be eligible to receive a service pension, a member must meet all of the following requirements: (1) � Be at least 50 years of age; (2) Have retired from the Fire Department of the municipality of Apple Valley and ceased to perform or supervise fire suppression duties; unless, as specified in M.S. 424A.02, Subd. 1(d): (a) the person is employed subsequent to retirement by the City of Apple Valley to perform duties within the Apple Valley Fire Department on a * Refer to Policies of the Board Page 8 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association full-time basis; and (b) the governing body of the City of Apple Valley has filed its determination with the board of trustees of the relief association that the person's experience with and service to the Apple Valley Fire Department in that person's full-time capacity would be difficult to replace; (3) (a) A person commencing active duty prior to 1/1/2010 must have served at least 5 years of active duty as a firefighter in the Apple Valley Fire Department (b) A person commencing active duty after 1/1/2010 must have served at least 10 years of active duty as a firefighter in the Apple Valley Fire Department; and (4) Have been an active member of the Association in good standing at least five consecutive years priar to separation from service, other than time on suspension and approved Leaves of Absence from the Apple Valley Fire Department. (Amended H. Res. 1996-36; M. Res. 2002-219; Amended Q. Res. 2007-185; R. Res. 2009-26; T. Res. 2011-26) (b) Service pension. Because of varying circumstances in each member's retirement planning, optional benefit payment methods are offered. Selection should occur after consultation with a tax consultant, financial planner, or an attorney. Each member meeting the requirements of 6.1 (a) shall be entitled to choose either a monthly service pension as set forth in 6.1(h), joint and 100%, or 50%, monthly service pension as set forth in 6.1(i), or lump sum service pension as set forth in 6.1 (1). 20 years of service shall be the base service pension. At the time of application for retirement, a qualified member shall be entitled to payments from the Special Fund according to the following tables attached as Addendum A : Table M1-09 Table M1-12 Table LS 1-09 � Table LS1-12 (Amended B. Res. 1990-42; C. Res. 1990-158; D. Res. 1992-174; E. Res. 1994-55; G. Res. 1994-355; H. Res. 1996-36; J. Res. 1997-253; K. Res. 1999-239; L. Res. 2001-191; M. Res. 2002-219; N. Res. 2003-179; O. Res. 2005-187 ; � U. Res. 2012-12) (c)* Application. Applications for service pensions shall be made in writing on forms supplied by the Secretary. The application shall be submitted to the Board of Trustees at a regular or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the applicant meets each of the eligibility requirements set forth in 6.1(a). (d)* Approval, amount of pension. It shall be the duty of the Board to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in 6.1 (a). It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the Board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished the opportunity to be heard by the full Board, within the next 30 days, on the question of whether the � applicant meets all of the eligibility requirements. The service � pension shall be payable at the rates set forth in 6.1 (b). Payment shall be made from the Special Fund. (e) Deferred service pension. (1) A member of the Association who; * Refer to Policies of the Board Page 9 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association (a) Commenced active duty prior to 1/1/2010 must have served at least 5 years of active duty as a firefighter in the Apple Valley Fire Department, (b) Commenced active duty after 1/1/2010 must have served at least 10 years of active duty as a firefighter in the Apple Valley Fire Department, and served at least five years of active membership in the Association and who separates from active service and membership before reaching the age of 50 years shall be entitled to a deferred service pension to commence upon reaching the age of 50 years and upon making a valid written application to the Association. (2) The deferred service pension shall be payable as set forth in 6.1 (b) except that: (a) Deferred members selecting the lump sum service pension as set forth in 6.1 (1) shall have the lump sum payment based on the Lump Sum table in effect at the time of separation. (b) As specified in MS 424A.02 subd. 7(c), interest will be paid on the deferred lump sum service pension during the period of deferral, up to the member reaching age 50, at an interest rate of up to 5% compounded annually as set by the board of trustees as provided in MS 424AA2 subd. 7(c)(2) and approved as provided in MS 424A.Q2 subd. 10. (c) Interest is payable as specified in MS 424A.02 subd. 7(d), from the first day of the month next following the date on which the member separated from active service to the last day of the month immediately before the month in which the deferred member reaches age 50. (Amended C. Res. 1990-158; K. Res. 1999-239; N. Res. 2003-179; Amended Q. Res. 2007-185; T. Res. 2011-26) � (t) Year of service. For the purpose of computing benefits, a"Year of Service" shall be defined as a period of 12 full months of active duty in the Apple Valley Fire Department, beginning on the anniversary date when the member became an active member of said Fire Department. Incomplete years of service, after the member's anniversary date, shall be prorated at the rate of 8.333% per complete month of active duty, pursuant to M.S. 424A.02, Subd. l. If a member's period of active service is not continuous, parts of years may be added together to complete full years. (Amended E. Res. 1994-55; H. Res. 1996-36; I. Res. 1997-80; T. Res. 2011-26) (g) Surviving Spouse. "Surviving Spouse" means any person who was the dependent spouse of a deceased member who was legally married to the member at the time of death. (Amended H. Res. 1996 R. Res. 2009 (h) Monthly Service Pension. Each member meeting the requirements of 6.1 (a) shall be entitled to select a monthly service pension. The monthly service pension determined in 61 (b) shall receive postretirement increases as authorized by M.S. 424A.02, Subd. 9a. The monthly service pension shall commence with payment the first day of the month following approval of the application by the Board of Trustees and shall cease the first day of the month following the retired member's death. (Amended H. Res. 1996 O. Res. 2005 Amended Q. Res. 2007 (i) Joint monthly service pension. (1) Joint and 100% monthly service pension. Each member meeting the requirements of 6.1 (a) who selects the monthly service pension of 6.1 (h) shall be entitled to choose a Joint and 100% monthly service pension. The monthly service pension, determined in 6.1(b), shall be modified by the following table: Joint and 100% Conversion Factors Age at Payment Commencement Reduction Factor x Refer to Policies of the Board Page 10 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association $� .g7g 51 .872 52 .867 53 .861 54 .855 55 .849 56 .842 57 .836 58 .829 59 .822 60 .814 61 .806 62 .798 63 .789 , 64 .781 65 .772 payable to the retired member until death. Upon retired members death the payment would continue to the surviving spouse until their death. If the spouse should precede the retired member in death, the benefit level paid monthly to the retired member shall revert to the regular monthly service pension as shown in 6.1(h) beginning with the first month following the death of the spouse. (Amended M. Res. 2002 (2) Joint and 50% monthly service pension. Each member meeting the requirements of 6.1 (a) who selects the monthly service pension of 6.1 (h) shall be entitled to choose a Joint and 50% monthly service pension. The monthly service pension, determined in 6.1(b), shall be modified by the following table: Joint and 50% Conversion Factors Age at payment commencement Reduction Factor SO .935 51 .932 52 .929 53 .925 54 .922 55 .918 56 .915 � � 57 � .9ll 58 .906 59 .902 60 .897 61 .893 62 .888 63 .882 64 .877 65 .871 payable to the retired member until death. Upon retired member's death, 50% of the payment would continue to the surviving spouse until their death. If the spouse should precede the retired member in death, the benefit level paid monthly to the retired member shall revert to the regular monthly service pension * Refer to Policies of the Board Page 11 � FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association as shown in 6.1 (h) beginning with the first month following the death of the spou5e. (Amended M. Res. 2002 (j) Monthly service pension survivor benefit. Upon the death of a member of this Association, receiving a monthly service pension, prior to January 1, 2003, the sum equal to the 10-year retirement benefit level, ar actual benefit earned if under 10 years of service, per month shall be paid to the spouse, if any, during the remainder of the spouse's natural life. A sum not exceeding the 5-year retirement benefit level per month shall be added to this amount for the benefit of each surviving child of the deceased member under the age of 18, but in no event shall the total pension paid to the spouse and surviving children exceed the sum equal to one and one-half times the 10-year retirement benefit level per month. (Amended C. Res. 1990-158; F. Res. 1994-226; H. Res. 1996-36; L Res. 1997-80, L. Res. 2001-191; M. Res. 2002-219) (k) Surviving Children's monthly service pension. Upon the death of the surviving spouse of a deceased member receiving a monthly service pension, or if the deceased member leaves no spouse, the sum equal to the 5-year benefit level per month shall be paid to each of the surviving children, if any, under the age of 18 until each such child reaches the age of 18, but in no event shall the total amount paid tQ the surviving children exceed the sum equal to one and one-half times the 10-year benefit level per montll. (Amended C. Res. 1990-158; F. Res. 1994-226; H. Res. 1996-36) (1) Lump Sum Service Pension. Each member meeting the requirements of 6.1 (a) shall be entitled to select a lump sum service pension. Alternate payment methods shall include: (1) A single lump sum check payment payable to the eligible retiree. (2) Upon written request, the Association shall directly transfer the eligible member's lump sum pension to the member's individual retirement account under Section 408(a) of the Internal Revenue Code, as amended. (Amended H. Res. 1996-36) (m) Supplemental Benefit. As described in M.S. 424A.10, the Association must pay a supplemental benefit to individuals who receive a lump sum distribution of pension or retirement benefits for service performed as a volunteer firefighter at the time that the lump sum benefit is paid. The supplemental benefit is calculated as ten percent of the regular lump sum distribution, but not to exceed $1,000. (1) Upon the payment of a lump sum survivor benefit to the survivor of a deceased active or deferred member, a supplemental survivor benefit will be paid to the legally married surviving spouse or, if none, to the surviving child or children. The survivor supplemental benefit is calculated as twenty percent of the survivor benefit distribution, but not to exceed $2,000. (Amended Q. Res. 2007 6.2 Ancillary Benefits. "Ancillary Bene�t" means a benefit other than the service pension. Upon the death of an active or deferred member of this Association there shall be paid a survivor or death benefit. Pursuant to M.S. 424A:02, subd. 9. (2), the sum of the ancillary benefit shall be calculated as of the date the active or deferred member died. (Amended K Res. 1999-239; R. Res. 2009-26; S. Res. 2010-34 ) (a) Active Member Survivor or Death Benefit. Pursuant to M.S. 424A.05, Subd. 3. (3), a survivor benefit must be paid to a surviving spouse of an active member, or if none, to surviving children regardless of age at time of death, or if none, to designated beneficiaries. In the case of no designated beneficiary, a death benefit must be paid to the estate. The sum shall be calculated using the Lump Sum Service Pension benefit level in effect at the time of death as listed in 6.1 (b), times the years of service as determined in 6.1 (�, without regard to minimum or partial vesting requirements but in no case shall be less than five times the benefit level per year of service in effect on the date of death. (Amended I. Res. 1997-80; J. Res. 1997-253; K Res. 1999-239, L. Res. 2001-191; B. Res. 2009-26; * Refer to Policies of the Board � Page 12 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association S. Res. 2010-34; T. Res. 2011-26) (b) Deferred Member Survivor or Death Bene�t. Pursuant to M.S. 424A.05, Subd. 3. (3), a survivor benefit must be paid to a surviving spouse of a deferred member, or if none, to surviving children regardless of age at time of death, or if none, to designated beneficiaries. In the case of no designated beneficiary a death benefit must be paid to the estate. The sum shall be calculated using the Lump Sum Service Pension table in effect at the time of � separation as listed in 61 (b), using years of service as determined in 61 (�. The total � benefits paid under Article VI herein, cannot exceed the benefit earned by the member. � (Amended L Res. 1997-80; J. Res. 1997-253; K. Res. 1999-239; R. Res. 2009-26; S. Res. 2010-34; T. Res. 2011-26) 6.3 Limits on Benefits. (a) Domestic Relations Order. A qualified domestic relations or domestic relations order that complies with the provisions of M.S. 518.58, 518.581, or 518.611, shall be distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by Internal Revenue Code 414 (p) (11), as amended. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the plan or under state law. The only benefit available to a former spouse of a member pursuant to a qualified domestic relations order is that of a lump sum seroice pension, which is distributable pursuant to the terms and conditions of Article VI herein. When a qualified domestic relations order is submitted to the Apple Valley Firefighters Relief Association Board for review and/ar consideration, it must be accompanied with a fee of $500.00 to help defray the cost of attorney fees and meeting costs of the Board. (Amended H. Res�. 1996-36; P. Res. 2007-55) (b) Garnishment, Judgment or Legal Process. No service pension benefits paid or payable from the Special Fund of the relief association to any person receiving or entitled to receive a service pension shall be subject to garnishment, judgment, execution, or other legal process, except as provided in Minn. Stat. 518.58, 518.581, or � 51 g.611. (Amended H. Res. 1996-36) (c) No person entitled to a service pension from the Special Fund of a relief association may assign any service pension benefit payments, nor shall the association have the authority to recognize any assignment or pay over any sum which has been assigned. (Amended H. Res. 1996 (d) No provision which places limits on benefits as contained within Section 415 of the Internal Revenue Code shall be exceeded. Plan participants cannot receive an annual � benefit greater than the amount specified in Section 415 of the code as may be subsequently amended. (Amended H Res. 1996 ARTICLE VII AMENDMENTS 7.1 The Bylaws of this Association may be amended at any regular or special meeting of the Association by a favorable vote of two-thirds of the members present and voting, providing a quorum is present; and provided further that notice of any proposed amendment or amendments has been mailed to each member at their last known address not more than 31 days preceding the date upon which such amendment or amendments are to be acted upon, and not less than 10 days prior to the scheduled date of such meeting; and provided further, that if such amendment or amendments shall change the amount of benefits or pensions, approval of the City Council of Apple Valley must be obtained, as required by law. (Amended H. Res. 1996-36, L. Res. 2001-191) ARTICLE VIII * Refer to Policies of the Board Page 13 FEBRUARY 12, 2012 BYLAWS Apple Valley Firefighters Relief Association MUNICIPAL RATIFICATION 81 The adoption of, or any amendment to the Articles or Bylaws of this Association which increases � or otherwise affects the retirement coverage provided by, or the service pensions or retirement benefits payable from the Special Fund of this Association, shall not be effective until it is ratified by the City Council of the City of Apple Valley. � A. At a duly called regular meeting thereof, the Apple Valley Firefighters ReliefAssociation did adopt on the 12th day of February, 1989, the foregoing CODE OF BYLAWS, said Code consisting of eleven (11) pages, including this page, with the stamp FEBRUARY 12, 1989, being on each page. Which Bylaws were approved by the Apple Valley City Council on the 23rd day of March, 1989; Resolution No. 1989-60. B. At a duly called regular meeting thereof, the Apple Valley Firefighters ReliefAssociation did amend on the l lth day of February, 1990, the foregoing CODE OF BYLAWS, said Code consisting of eleven (11) pages, including this page, with the stamp FEBRUARY 11, 1990, being on each page. Which amendments were approved by the Apple Valley City Council on the 22nd day of February, 1990; Resolution No. 1990-42. C. At a duly called special meeting thereof, the Apple Valley Firefighters ReliefAssociation did amend on the 30th day of July, 1990, the foregoing CODE OF BYLAWS, said Code consisting of twelve (12) pages, including this page, with the stamp JULY 30, 1990, being on each page. Which amendments were approved by the Apple Valley City Council on the 9th day of August, 1990; Resolution No. 1990-158. D. At a duly called special meeting thereof, the Apple Yalley Firefighters ReliefAssociation did amend on the 8th day of June, 1992, the foregoing CODE OF BYLAWS, said Code consisting of twelve (12) pages, including this page, with the stamp JiJNE 8, 1992, being on each page. Which amendments were approved by the Apple Valley Ciry Council on the 25th day of June, 1992; Resolution No. 1992-174. E. At a duly called regular meeting thereof, the Apple Palley Firefighters ReliefAssociation did amend on the 13th day of February, 1994, the foregoing CODE OF BYLAWS, said Code consisting of thirteen (13) pages, including this page, with the stamp FEBRUARY 13, 1994, being on each page. Which amendments were approved by the Apple Valley City Council on the 24th day of February, 1994; Resolution No. 1994-55. F. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the lOth day of July, 1994, the foregoing CODE OF BYLAWS, said Code consisting of fourteen (14) pages, including this page, with the stamp JULY 10, 1994, being on each page. Which amendments were approved by the Apple Valley City Council on the 28th day of July, 1994; Resolution No. 1994-226. G. At a duly called special meeting thereof, the Apple valley Firefighters ReliefAssociation did amend on the 9th day of October, 1994, the foregoing CODE OF BYLAWS, said Code consisting of thirteen (13) pages, including this page, and Addendum A, consisting of five (5) pages, with the stamp OCTOBER 9, 1994, being on each page of the Code and Addendum A. Which amendments were approved by the Apple Valley City Council on the 8th day of December, 1994; Resolution No. 1994-355. H. At a duly called regular meeting thereof, the Apple valley Firefighters ReliefAssociation did amend on the l lth day of February, 1996, the faregoing CODE OF BYLAWS, said Code consisting of thirteen (13) pages, including this page, and Addendum A, consisting of five (5) pages, with the stamp FEBRUARY 11, 1996, being on each page of the Code and Addendum A. Which amendments were approved by the Apple Valley City Council on the 22nd day of February, 1996; Resolution No. 1996-36. L At duly called regular meetings thereof, the Apple Valley Firefighters Relief Association did * Refer to Policies of the Board Page 14 FEBRUARY 12, 2012 BYLAW5 Apple Valley Firefighters Relief Association amend on the 9th day of February, 1997, and the 13th day of April, 1947, the foregoing CODE OF BYLAWS, said Code consisting of thirteen (13) pages, including this page, and Addendum A, with the stamp APRIL 13, 1997, being on each page. Which amendments were approved by the Apple Valley City Council on the 24th day of April, 1997; Resolution No. 1997-80. J. At a duly called regular meeting thereof, the Apple Valley Firefighters ReliefAssociation did amend on the 12th day of October, 1997, the foregoing CODE OF BYLAWS, said Code consisting of thirteen (13) pages, including this page, and Addendum A, with the stamp OCTOBER 12, 1997, being on each page. Which amendments were approved by the Apple Valley City Council on the 25th day of November, 1997; Resolution No. 1997-253. K. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 7th day of February, and on the lOth day of October, 1999, the foregoing CODE OF BYLAWS, said Code consisting of thirteen (13) pages, including this page, and Addendum A, with the stamp OCTOBER 10, 1999, being on each page. Which amendments were approved by the Apple Valley City Council on the 28th day of October, 1999; Resolution No. 1999-239. L. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 7th day of October, 2001, the foregoing CODE OF BY�AWS, said Code consisting of thirteen (13) pages, including this page, and Addendum A, with the stamp OCTOBER 7, 2001, being on each page. Which amendments were approved by the Apple Valley City Council on the 25th day of October, 2001; Resolution No. 2001-191. M. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 13th day of October, 2002, the foregoing CODE OF B�LAWS, said Code consisting of fourteen (14) pages, including this page, and Addendum A, with the stamp OCTOBER 13, 2002, being on each page. Which amendments were approved by the Apple Valley City Council on the 26th day of November, 2002; Resolution No. 2002-219. N. At a duly called regular meeting thereof, the Apple Valley FiYefighters ReliefAssociation did amend on the 12th day of October, 2003, the foregoing CODE OF B�LAWS, said Code consisting of fourteen (14) pages, including this page, and Addendum A, with the stamp OCTOBER 12, 2003, being on each page. Which amendments were approved by the Apple Valley City Council on the 23rd day of October, 2003; Resolution No. 2003-179. O. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the lOth day of October, 2005, the foregoing CODE OF BYLAWS, said Code consisting of sixteen (16) pages, including this page, and Addendum A, with the stamp OCTOBER 10, 2005, being on each page. Which amendments were approved by the Apple Valley City Council on the 27th day of October, 2005; Resolution No. 2005-187. P. At a duly called regular meeting thereof, the Apple Valley Firefighters ReliefAssociation did amend on the 11th day of February, 2007, the foregoing CODE OF BYLAWS, said Code consisting of fifteen (15) pages, including this page, and Addendum A, with the stamp FEBRUARY 1 l, 2007, being on each page. Which amendments were approved by the Apple Valley City Council on the 22nd day of March, 2007; Resolution No, 2007-55. Q. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 8th day of October, 2007, the foregoing CODE OF BYLAWS, said Code consisting of fifteen (15) pages, including this page, and Addendum A, with the stamp OCTOBER 8, 2007, being on each page. Which amendments were approved by the Apple Valley City Council on the 25th day of October, 2007; Resolution No. 2007-185. R. At a duly called regular meeting thereof, the Apple Valley Firefighters ReliefAssociation did amend on the 8th day of February, 2009, the foregoing CODE OF BYLAWS, said Code consisting of fifteen (15) pages, including this page, and Addendum A, with the stamp FEBRUARIT 8, 2009, being on each page. Which amendments were approved by the Apple Valley City Council on the 26th day of February, 2009; Resolution No. 2009-26. S. At a duly called regular meeting thereof, the Apple Valley Firefzghters ReliefAssociation did * Refer to Policies of the Board Page 15 FEBRUARY 12, 2012 BYLAWS � � Apple Valley Firefighters Relief Association amend on the 7th day of February, 2010, the foregoing CODE OF BYLAWS, said Code consisting of fifteen (15) pages, including this page, and Addendum A, with the stamp FEBRUARY 7, 2010, being on each page. Which amendments were approved by the Apple Valley Ciry Council on the 25th day of February, 2010; Resolution No. 2010-34. T. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 13th day of February, 2011, the foregoing CODE OF BYLAWS, said Code consisting of sixteen (16) pages, including this page, and Addendum A, with the stamp FEBRUARY 13, 2011, being on each page. Which amendments were approved by the Apple Valley City Council on the 24th day of February, 201 l; Resolution No. 2011-26. U. At a duly called special meeting thereof, the Apple Palley Firefighters Relief Association did amend on the 19th day of December, 2011, the foregoing CODE OF BYLAWS, said Code consisting of sixteen (16) pages, including this page, and Addendum A, with the stamp DECEMBER 19, 2011, being on each page. Which amendments were approved by the Apple Valley City Council on the 12th day of January, 2012; Resolution No. 2012-12. V. At a duly called special meeting thereof, the Apple T�alley Firefighters Relief Association did amend on the 12th day of February, 2012, the foregoing CODE OF BYLAWS, said Code consisting of sixteen (16) pages, including this page, and Addendum A, with the stamp FEBRUARY 12, 2012, being on each page. Which amendments were approved by the Apple � Valley City Council on the xxth day of xxxx, 2012; Resolution No. 2012-xx. President Secretary * Refer to Policies of the Board Page 16 FEBRUARY 12, 2012 Addendum A Table M1-09 (Amended Q. Res. 2007-185) MONTHLY SERVICE PENSION EFFECTIVE JANUARY 1, 2009 $42.00 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of Level Percentaqe Amount Service Per Month 5 $42.00 40% $84.00 6 $42.00 44% $110.88 7 $42.00 48% $141.12 8 $42.00 52% $174.72 9 $42.00 56% $211.68 10 $42.00 60% $252.00 11 $42.00 64% $295.68 12 $42.00 68% $342.72 13 $42.00 72% $393.12 14 $42.00 76% $446.88 15 $42.00 80% $504.00 16 $42.00 84% $564.48 17 $42.00 88% $628.32 18 $42.00 92% $695.52 19 $42.00 96°la $766.08 20 $42.00 100% $840.00 BASE 21 BASE + $42.00 $882.00 22 BASE + $84.00 $924.00 23 BASE + $126.00 $966.00 24 BASE + $168.00 $1,008.00 25 BASE + $210.00 $1,050.00 26 BASE + $252.00 $1,092.00 27 BASE + $294.00 $1,134.00 28 BASE + $336.00 $1,176.00 29 BASE + $378.00 $1,218.00 30 BASE + $420.00 $1,260.00 No maximum years of service Page 1 2012-012 Bylaws - Addendum.xls Addendum A Table M1-12 (Amended U. Res. 2012-12) MONTHLY SERVICE PENSION EFFECTIVE JANUARY 1, 2012 $43.00 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of Level Percentaqe Amount Service Per Month 5 $43.00 40% $86.00 6 $43.00 44% $113.52 7 $43.00 48% $144.48 8 $43.00 52% $178.88 9 $43.00 56% $216.72 10 $43.00 60% $258.00 11 $43.00 64% $302.72 12 � $43.00 68% $350.88 13 $43.00 72% $402.48 14 $43.00 76% $457.52 15 $43.00 80% $516.00 16 $43.00 84% $577.92 17 $43.00 88% $643.28 18 $43.00 92% $712.08 19 $43.00 96% $784.32 20 $43.00 100% $860.00 BASE 21 BASE + $43.00 $903.00 22 BASE + $86.00 $946.00 23 BASE + $129.00 $989.00 24 BASE + $172.00 $1,032.00 25 BASE + $215.00 $1,075.00 26 BASE + $258.00 $1,118.00 27 BASE + $301.00 $1,161.00 28 BASE + $344.00 $1,204.00 29 BASE + $387.00 $1,247.00 30 BASE + $430.00 $1,290.00 No maximum years of service Page 2 2012-012 Bylaws - Addendum.xls Addendum A Table LS1-09 (Amended Q. Res. 2007-185) LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2009 $6300 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of Level Percentaqe Amount Service 5 $6,300 40% $12,600 6 $6,300 44% $16,632 7 $6,300 48% $21,168 8 $6,300 52% $26,208 9 $6,300 56% $31,752 10 $6,300 60% $37,800 11 $6,300 64% $44,352 12 $6,300 68°/a $51,408 13 $6,300 72% $58,968 14 $6,300 76% $67,032 15 $6,300 80% $75,600 16 $6,300 84% $84,672 17 $6,300 88% $94,248 18 $6,300 92% $104,328 19 $6,300 96% $114,912 20 $6,300 100% $126,000 BASE 21 BASE + $6,300 $132,300 22 BASE + $12,600 $138,600 23 BASE + $18,900 $144,900 24 BASE + $25,200 $151,200 25 BASE + $31,500 $157,500 26 BASE + $37,800 $163,800 27 BASE + $44,100 $170,100 28 BASE + $50,400 $176,400 29 BASE + $56,700 $182,700 30 BASE + $63,000 $189,000 No maximum years of service Page 3 2012-012 Bylaws - Addendum.xls Addendum A Table LS1-12 (Amended U. Res. 2012-12) LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2012 $6,400 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of Level Percentaqe Amount , Service 5 $6,400 40% $12,800 6 $6,400 44% $16,896 7 $6,400 48% $21,504 8 $6,400 52% $26,624 9 $6,400 56% $32,256 10 $6,400 60% $38,400 11 $6,400 64°/a $45,056 12 $6,400 68% $52,224 13 $6,400 72% $59,904 14 $6,400 76% $68,096 15 $6,400 80% $76,800 16 $6,400 84% $86,016 17 $6,400 88% $95,744 18 $6,400 92% $105,984 19 $6,400 96% $116,736 20 $6,400 100°/a $128,000 BASE 21 BASE + $6,400 $134,400 22 BASE + $12,800 $140,800 23 BASE + $19,200 $147,200 24 BASE + $25,600 $153,600 25 BASE + $32,000 $160,000 26 BASE + $38,400 $166,400 27 BASE + $44,800 $172,800 28 BASE + $51,200 $179,200 29 BASE + $57,600 $185,600 30 BASE + $64,000 $192,000 No maximum years of service Page 4 2012-012 Bylaws - Addendum.xls • w s � � � •w�o � so��a •�a• Ait° City of App�e Va MEMo Finance Deparnnent TO: Mayor, City Council, and Tom Lawell, City Administrator FROM: Ron Hedberg, Finance Director DATE: March 19, 2012 SUBJECT: Adopt Financing Plan for new Valleywood Facility Introducfion The City Council is asked to adapt the financing plan for the construction of the Valleywood Clubhouse. Council direction received so far an the financing of the project included an Interfund Loan from the Future Capital Projects Fund in the amount of $2,000,000, a transfer from the Park Dedication Fund in an amount up to $1,200,000 in addition to the costs associated with the sanitary sewer connection to be assessed to the property. Discussion � Now that many of the contracts have been awarded and significant construction activity has begun staff is recommending that the final financing plan for the new Valleywood Clubhouse facility be approved to finance the construction. The financing plan includes an interfund loan from the Future Capital Projects Fund and the repayment includes a minimum annual payment of $50,000 at a rate of .4°/b and is due on December 31 of each year. Staff Recommendation Staff recommends the adoption of the attached resolution adopting the Valleywood financing plan and authorizing the $2,000,000 Interfund Loan and the transfer of up to $1,200,000 from the Park Dedication Fund. Action Repuested: Adopt the Resolution approving the financingplan for the new facilities at the Valleywood Golf Course. CITY OF APPLE VALLEY RESOLUTION NO. 2012- RESOLUTION APPROVING THE FINANCING OF THE NEW FACILITIES AT THE VALLEYWOOD COURSE WHEREAS, the City Council has authorized the construction of a new clubhouse facility at the Valleywood Golf Course, and WHEREAS, the City Council has identified sources of financing for the project that include an interfund loan from the Future Capital Projects Fund in an� amount of $2,000,000 and a transfer from the Park Dedication Fund in an amount of up to $1,200,000, and WHEREAS, the City Council desires to have a set repayment schedule for the interfund loan that provides for the ability for additional principal prepayments, and WHEREAS, the terms of the interfund loan include a minimum annual repayment amount of $50,000, due on December 31 of each year, with an interest rate charged of 0.4% per year on the outstanding balance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, that an interfund loan be completed in the amount of $2,000,000 from the Future Capital Projects Fund to the Valleywood Golf Course Fund as of February 1, 2012; BE I'T FURTHER RESOLVED, that the terms of the repayment of the interfund loan shall include a minimum annual payment of $50,000, an interest rate of 0.4%, with the first payment due 12-31-2012. BE IT FURTHER RESOLVED, that a transfer of up to $1,200,000 from the Park Dedication Fund to the Valleywood Golf Fund be completed as needed during the calendar year year 2012. ADOPTED this 22 day of Mar'oh, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk .�� - T . � ���� ����a ���. City of App�e VaII@y MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Jeff Kehrer, Natural Resources Coordinator DATE: March 22, 2012 SUBJECT: MINNESOTA DEPARTMENT OF NATURAL RESOURCES GRANT APPLICATION FOR AQUATIC INVASNE SPECIES CONTROL PROJECTS Attached is an application to the Minnesota Department of Natural Resources (Mn DNR) for a grant to control aquatic invasive species. Grant funds are available for controlling Eurasian watermilfoil, curlyleaf pondweed, or flowering rush using chemical treatment or mechanical harvesting methods. Public Works is preparing contract documents far mechanical harvesting of curlyleaf pondweed (CLPV� in Farquar Lake, which is anticipated to begin in late May. The program provides grants up to $2,000 per lake or $175 per acre treated, whichever is more. If successful with the grant application, an actual grant amount is offered to the applicant after approval of a Mn DNR aquatic invasive species harvesting permit. Public Works has submitted an application for a Mn DNR aquatic invasive species harvesting permit. Harvesting is proposed for approximately 32 acres in Farquar Lake, which could result in grant funding up to $5,600 based on $175 per acre. Harvesting CLPW cost $6,880 in 2011 and $12,924 in 2010. Harvesting cost is directly related to plant density and can vary considerably from year to year. Recommended Action: Approve Application and Authorize Submittal for a Minnesota Department of Natural Resources Grant for Aquatic Invasive Species Control Projects. JK:jcb Attachment Grant Application Aquatic Invasive Species Control Projects Purpose: These grants are intended to help fund the control of curly-leaf pondweed, Eurasian watermilfoil or flowering rush. Deadlines: This Grant Program has a series of deadlines, so that grant funds will be available throughout the summer as aquatic invasive species problems become apparent. Please note which deadline you are applying for {see page 2 far Application Deadlines}. 1. Applying for April 15, 2012 grant application deadline Please note fhat the day after the grant application deadline the name and address of all applicants, and the amounts requested become public. All other data is nonpublic until the negotiation of the grant agreement(s) with the selected grantees is completed. After the application review process is completed, all data (except trade secret data) becomes public. 2. In order to receive a grant you must have an Invasive Aquatic Plant Management Permit for the control project. Please include a completed Invasive Aquatic Plant Management Permit application, or if you already have a permit list the permit number here. Completed application included. 3. Applicant Information Name: Jeff Kehrer Organization: City of Apple Valley Address: 7100 147th St. W., Apple Valley, MN 55124 E- mail: jkehrer(c�ci.apple-vallev.mn.us phone(s): 952-953-2461(office), 952-215-9068 (cell) Federal Tax Id Number *(required): 41-0882559 4. Second Contact (optional): Name: Todd Blomstrom, phone: 952-953-2412 (office), 612-219-7415 (cell) Email address: tblomstrom(a�ci.apple-vallev.mn.us 5. Lake Information Lake name: Farquar Lake County: Dakota Nearest Town: Apple Valley bOW# (if known) 19-0023 S 2012 Grant Application: Aquatic Invasive Species Control Page 1 of 2 6. Target plant (check all that apply): ❑ Eurasian watermilfoil X Curly- leaf pondweed ❑ Flowering Rush 7. Is your proposed project a early-season lake-wide control of curly-Ieaf pondweed or Eurasian watermilfoil? Yes X No 8. Mail the completed forms to Wendy Crowell, Minnesota Department of Natural Resources, Ecological Resources, Box 25, 500 Lafayette Rd St. Paul, MN 55155, or fax to Wendy at 651-296-1811, or e-mail it to: wendv.crowell(a�state.mn.us. Applications must be received on or before the application deadline. You may also hand deliver your appfication on or before this deadline during normal business hours (8:00 a.m. - 4:30 p.m., Monday - Friday). Yc�u wi9l �� raotifie�i when �c�u� application i� a �f y�� �� ��t r���o�o� a r��tifi�a��+��, p��ase ����a�t er�dy Crov�rell {�51-259-�0��� Apptication deadlines and Available funds in 2012. Applications for curly-leaf pondweed projects must be received by May 15 Application Estimated Estimated Deadline Project Start Available Probable Projects Date Funds March 7 May 1 $600,000 Early-season treatments CLP or EWM April 15 May 31 $300,000 Early-season treatments CLP or EWM May 15 June 15 $150,000 Early- season EWM or FR May 30 June 30 $100,000 EWM or FR June 15 July 15 $50,000 EWM or FR June 30 July 30 $25,000 EWM or FR July 15 August 15 $25,000 EWM or FR July 30 August 30 $25,000 EWM or FR August 15 September 15 $25,000 EWM or FR Total $1,300,000 Available funds not completely granted under one deadline will added to the funds available for the next deadline. 2012 Grant Application: Aquatic Invasive Species Control Page 2 of 2 � � .. � 1 R `� dC� ��: � � r� , ' � ry Y� . ` �� � t -�. � ' � 0 1 �, 3:� : �i� �� s�J g '' . ,{;�� �„ 1�S.k.� � a: r ` ,, i � t i�� �� �� . 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', � �1 � �� � � � � �., }�,;�'�:l ' �� � � �:r - 7 r� � � `�� � � �.�l�i � � � � ,�„�� , � , ��� � { .�,,�`� .���1 � ���_ '�� '� � ;k:�.�� i�"#'�?'� iG �` � �� �,�1 �r' ,��.�J":� �!) '��.'.. ±a; �•� ... .... ..... .... City of App�e Va��ey NiENio Finance Department TO: Mayor, City Council and Tom Lawell, City Administrator FROM: Ron Hedberg, Finance Director DATE: March 16, 2012 SUBJECT: Authorize Participation in National Purchasing Partners Purchasing Cooperative INTRODUCTION The City Council is asked authorize the participation in an additional cooperative purchasing venture. Staff is asking for authorization to participate in the National Purchasing Partners purchasing cooperative. The National Purchasing Partners purchasing cooperative expands the options for turf maintenance equipment. BACKGROUND We have received requests from the Public Works Department to access an additional national cooperative purchasing consortium. Minnesota statutes provide the ability for municipalities to participate in cooperative purchasing as long as the agency follows the same bidding requirements as required of Minnesota municipalities. To be able to participate in a national municipal purchasing cooperative the items purchased must have been subject to the competitive bidding or competitive quoting process. We currently participate in a few different cooperative purchasing ventures. Each of these programs provides efficiencies in the purchasing process but there are a number of types of items that are not available through these programs. The need for multiple cooperative purchasing alliances results from no one alliance offering all the products that are needed. The advantage of participating in these types of programs is gaining efficiencies in the bidding process by "piggy-backing" on another governmental entity's formal bid process and drawing on their expertise on developing technical specifications without the need to spend a significant amount of time spent on developing our own bid specs and avoiding the cost of publishing and distributing the request for proposals. A secondary benefit of using a specification that has already gone through the bidding process is that the opportunity for vendors to challenge the specifications is greatly reduced if not eliminated. Another benefit of national consortiums is that they generate more interest from vendors and result in more competitive pricing and savings for the purchasers. Even though a purchase is made through the use of a cooperative purchasing alliance it doesn't eliminate the need for staff to verify that all the purchasing requirements of the Minnesota Statutes Mayor and City Council Participation in National Purchasing Partners Purchasing Cooperative. March 16, 2012 P and the purchasing policy have been met prior to placing the order. There is no cost to the City of Apple Valley to participate in any of these programs and the cost for operating the programs are covered by the fees charged to the vendors who participate. RECOMMENDATION Staff recommends participation in the National Purchasing Partners purchasing cooperative. ACTION Adopt resolution authorizing the participation in and execution of the Member Intergovernmental Cooperative Purchasing Agreement with National Purchasing Partners. CITY OF APPLE VALLEY RESOLUTION NO. 2011- RESOLUTION APPROVING MEMBER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH NATIONAL PURCHASING PARTNERS, PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES WHEREAS, the City Council of the City of Apple Valley, Dakota County, Minnesota, has been presented a proposed Joint Exercise of Powers Agreement by and between the National Purchasing Partners, and the City of Apple Valley and the Proposal is found to be acceptable and is in the best interests of the City of Apple Valley, and its citizens, and is hereby in all things approved. WHEREAS, the City of Apple Valley, Minnesota, pursuant to the authority granted under Minnesota Statutes 471.345, Subd.15, desires to participate in the described purchasing program operated by the National Purchasing Partners, and is of the opinion that participation in this program will be highly beneficial to the taxpayers through the anticipated savings to be realized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the terms and conditions of the agreement having been reviewed by the City Council of the City of Apple Valley and found to be acceptable and in the best interests of its citizens are hereby approved and that M. Thomas Lawell, City Administrator of the City of Apple Valley under the direction of the City Council of the City of Apple Valley is hereby designated to act in matters relating to cooperative purchasing with the National Purchasing Partners including the designation of specific contracts in which the City of Apple Valley desires to participate. ADOPTED thls 22 day of Mat'Ch 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Nat�onal Purchasing Partners Member Intergovernmental Cooperative Purchasing Agreement This Intergovernmental Agreement (Agreement) by and between government entities that execute a Lead Contracting Agency Authorization ("Lead Contracting Agency(ies)") to be supplemented and made a part hereof and participating National Purchasing Partners ("NPP") government entity members ("Participating Agencies") including members of FireRescue GPO and Public Safety GPO, that agree to the terms and conditions of this Agreement. All NPP Lead Contracting Agencies and Participating Agencies shall be considered as "parties" to this agreement. WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agencies have entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume proj ections; WHEREAS, NPP, created by a nonprofit medical center, provides group purchasing marketing and administrative support for governmental entities within the membership. NPP's marketing and administrative services are free to its membership, which includes participating public: entities and non-profit institutions throughout the United States and Canada. � , WHEREAS, NPP has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Vendar Contracts through the inclusion of the membership in Lead Contracting Agency bid Solicitation and Master Price Agreements; WHEREAS, the Master Price Agreements provide that all members of NPP may � purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Ageney, subject to applicable local and state laws of the Participating Agencies; WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies; WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs; WHERBAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform. governmental functions and services, including the purchase of goods and services; and WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements open to all Participating Agencies; NOW, THEREFORE, the parties agree as follows: ARTICLE 1: LEGAL AUTHOI�ITY Each Party represents and warrants that it is eiigible to participate in this Agreement because it is a local government or non-profit corporation created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party's procurement policies. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements, both in state law and local policy. ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT a. Each party will facilitate the cooperative procurement of goods and services. b. The procuring party shall be responsible for the ordering of goods and services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring parties harmless from any liability that may arise from action or inaction of theprocuringparty. c. The procuring party shall not use this agreement as a method for obta.ining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreements and NPP. d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. e. The cooperative use of bids, proposals or price agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or price agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other bid requirements under state law or local policies. ARTICLE 4: PAYMENT OBLIGATIONS The procuring party will make timely payments to Vendors for goods and services received in accordance with the terms and conditions of the procurement. Payment for goods and serviees, inspections and acceptance of goods and services ordered by the procuring party shall be tl�e exclusive obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the state of the procuring party. ARTI�LE 5: COMMENCEMENT DATE This Agreement shall take effect after execution of the "Lead Contracting Agency Endorsement and Authorization" or "Participating Agency Endorsement and Authorization," as applicable. ARTICLE 6: TERMINATION OF AGREEMENT This Agreement sha11 remain in effect until terminated by a party giving 30 days written notice to the Lead Contract Agency. ARTICLE 7: ENTIRE AGREEMENT - This Agre�ment and any attachments, as provided herein, constitute #he complete Agreement between the parties hereto, and supersede any and all oral and written - agreements between the parties relating to matters herein. ARTICLE 8: CHANGES AND AMENDMENTS T'his Agreement may be amendec� only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 9: SEVERABILTTY All parties agree that should any provision of this Agreernent be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE ORIGINALS BY EXECUTION A1�D ATTACAMENT OF EACH "LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION" OR "PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION," AS APPLICABLE, ONCE EXECUTED, IT IS THE RESPONSIBILITY OF EACH PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW. LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of League of Oregon Cities (Lead Contracting Agency) that he/she has read and agrees to the general terms and conditions set forth in the enclosed 1Vlember Intergovernmental Cooperative Purchasing Agreement regulating use of #he Master Price Agreements and purchase of goods and services that from time to time are made available by Lead Contracting Agencies to Participating . Agencies locally, regionally, and nationally through NPP. Copies of Master Price AgreeTnents and ariy amendments thereto made available by Lead Contracting Agencies will be provided to. Participating Agencies and NPP to facilitate use by Participating Agencies. The undersigned understands that the purchase of goods and services under the provisions of the Member Intergovernrnental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies. The undersigned affirms that he/she is an agent of League of Oregon Cities and is duly authorized to sign this Lead Contracting Agency Endorsement and Authorization. Date: BY: ITS: Lead Contracting Agency Contact Information: Contact Person: • ' : �. Address: : . Telephone No.: EmaiL• PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of (Participating Agency) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Member Intergovernmental Cooperative Purchasing Agreemen� regulating use of the Master Price Agreements and.purchase of goods and services that from time to time are made available by Lead Contracting Agencies to Participating Agencies locally, regionally, and nationally through NPP. The undersigned further acknowledges that the purchase af goods and services under the provisions o� the Member Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting Agency nor NPP sha11 be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendar shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment. The undersigned affirms that he/she is an agent of and is duly authorized to sign this Participating Agency Endorsement and Authorization.* Date: BY: ITS: . Participating Agency Contact Information: Contact Person: Address: Telephone No.: EmaiL• * In addition to execution of this Member Intergovernmental Cooperative Purchasing Agreement, all Participating Agencies must be registered members of NPP and/ar FireRescue GPO in order to access NPP competitively bid contracts. Registration is fast and free. Go to www.mvnpp.com or contact a customer service representative at 1-800- 810-3909 or customerservice@mynpp.com. CITY OF APPLE VALLEY PRO.JE�T SUMMARY' :�, � CrossFit NorthStar Agenda It�m: Applicant: Sean ,4:;Flahertyx GrassFit N�rthStar Case Number: ,PG12-45-C Application J�nuary 13, 2Q12 Staff Reviewer: Kathy Bodmer ' MeetingDate:. 1Vlarch22, 2012 Petition for: Sean Flaherty, owner of CrossFit NorthStar requests a conditional use permit (CUP) to operate a commercial recreational business in a`BP" (Business Park) zoning district. The business is proposed to be located in the Pilot Flex Center building at 14791 Energy Way. Summary of CrossFit NorthStar is a fitness training facility that is currently operated in the 147�' Street Issues: Business Center at 5708 Upper 147"' St W, Suite 109, just north of the proposed new location. The petitioner wishes to relocate into the Pilot Flex Center building to gain more space to operate his business. The 3,643 sq. ft. space is located in the southwest corner of the Pilot Flex Center building: Site Plan: No changes are proposed to the Pilot Flex site or building to accommodate the proposed fitness facility. Parkin : The main concern with operating a commercial reareation facility in an existing building in the `BP" (Business Park) zoning district is that recreational facilities typically have a higher demand for parking than what is normally provided for an industrial use. For a commercial recreation facility, the Zoning Code requires one parking space for every three occupants based upon the maximum occupancy level of the business. The maximum occupancy level was determined by the Building Official to be 66, resulting in a parking requirement of 22 for the CrossFit NorthStar. Staff feels that this is an accurate reflection of the actual parking demand. The petitioner has stated that his classes will be no more than twenty people due to the amount of space needed to do the type of fitness training that CrossFit NorthStar does. Only one class would talce place at a given time and would only require one staff person to be at the facility. � Assuming a future build out of 50% office and 50% industrial of the remaining space available, a parking calculation was done which determined that sufficient parking is available between the two lots. A cross parking agreement exists between Lots 1 and 2, Knob Ridge 2 Addition, which allows shared parking between both lots. Currently no building exists on Lot 1 and parking spaces have not yet been striped. The proof of parking ageement states that the property � � owner will stripe more parking on Lot 1 if the City determines that additional parking is necessary. Staff also feels comfortable with the parking provided given the differenYpeak time demand for parking among the other tenants of the building. � Recommended The Planning Commission will consider this item at its March 21, 2012 meeting, at which point Actions: staff will be recommending approval of the CUP request. If the Commission makes a recommendation on March 21S`, staff will bring the Commission's recommendation to the City Council on March 22° However, as a starting point for review, attached is a draft resolution approving the Conditional Use Permit request subject to the following conditions agreed to by the applicant: � l. The conditional use permit shall apply to property legally described as Lot 2, Block l, KNOB RIDGE 2° Addition�. 2. Such operations shall be conducted in conformance with the site plan received in City offices January 13`�', 2012. 3. Such operations shall be conducted in conformance with the floor plan received in City offices January 31S` 1 Recommended Actions: 4. The commercial recreational use shall be limited to 3,643 square feet. 5. Class sizes shall be limited to no more than 20 people, of which only one class may take place at any given fime. 6. The Conditional Use Permit may be revoked if the above conditions of this Conditional Use Permit or any provision of the City Code are violated. Attachments: L Location Map 2. Comprehensive Plan/Zoning Map 3. Draft Resolution 4. Site Plan 5. Floor Plan 6. Correspondence 2 CrossFit NorthStar PROJECT REVIEW Existing Conditions Property Location: 14791 Energy Way Legal Description: Lot 2, Block 1, Knob Ridge 2 Addition Comprehensive Plan Designation IND — Industrial � Zoning Classification `BP" (Business Park) Existing Platting Platted lot � � Current Land Use Office warehouse Size: 235 acres Topography: Flat Existing Vegetation Urban landscape Other Significant N/A Natural Features Adjacent NORTH Lot 1, Knob Ridge 2" Addition (Fresently vacant.) Properties/Land Comprehensive Plan IND — Industrial Uses Zoning/Land Use `BP" (Business Park) SOUTH Knob Ridge Town Offices Comprehensive Plan IND — Industrial Zoning/Land Use `BP" (Business Park) EAST Questar Educational Systems/River Valley Church Comprehensive Plan 1ND — Industrial Zoning/Land Use `BP" (Business Park) WEST Uponor Comprehensive Plan IND — Industrial � � Zoning/Land Use "I-1" (Limited Industrial) � Development Project Review Comprehensive Plan: Both the 2020 and 2030 Comprehensive Plans guide the development of the property for "IND" (Industrial) uses. The zoning for the properiy is consistent with the comprehensive plan. Zonin�: The property is zoned `BP" (Business Park) which allows commercial recreation as a conditional use. Accarding to the City Code, conditional uses are those uses which are generally not suitable in a particular zoning district, but may, under some circumstances, be suitable. The City may place whatever reasonable conditions it deems necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. Conditional uses are not granted to a particular person or firm, but far the use itself. Conditional use permits run with the land. � Preliminarv Plat: N/A � � 3 Site Plan: The site plan show that the 3,643 sq. ft. fitness center would be located on the south side of the Pilot Flex Center building on Lot 2. The building on Lot 1 has not yet been constructed. Access to the facility is available from Energy Way. The two Pilot Flex Center buildings share two access points and share parking between the two lots. Parking: When the site plan for the Pilot Flex Center was reviewed and approved, the required number of parking spaces for both Pilot Flex Center buildings was 220, with the expectation that the excess parking on Lot 1 wouid be available for Lot 2. However, a proof of parking ageement was executed after further review found a total of 247 spaces could be constructed. A total of 106 parking spaces are available on Lot 2 and 141 spaces are possible for Lot 1. Staff performed a parking projection which assumes a future build out of the remaining space available at 50% office and 50% warehouse and found the amount of parking on site to be sufficient. An agreement has been executed stating that the property owner agrees to construct additional parking spaces in the future if the City determines it is necessary. Gradin� Plan: N/A Elevation Drawin�s: The petitioner has no plans to make any changes to the exterior of the building. Landscape Plan: N/A Availabilitv of Municipal Utilities: At�the site. Street Classifications/Accesses/Circulation: Two shared access points are available to the site off of Energy Way. Energy Way is a local access street. Pedestrian Access: Sidewalk is available around the front and sides of the building. However, no sidewalk exists on Energy Way. Public Safety Issues: None identified Recreation Issues; N/A S i�ns: No sign permit is being requested at this time. In order to install a sign, the petitioner must make a separate application with the City. � Public Hearin� Comments: The Planning Commission expressed concern that the previous wording of condition number 5 would allow for multiple classes limited to 20 people at the same time when the intention was that it would only be one class. Staff Response: The wording has been changed to specify that no more than one class may take place at a given time. The Planning Commission questioned the need to limit the class sizes to 20 people. They asked if a similar condition was placed on Jazzercise tl�at limited class size and expressed a desire to be consistent. Staff Response: A similar condition was not placed on Jazzercise to limit the class size, however, staff was aware that the max class size that Jazzercise could accommodate was 50 people and used this to project parking demand. Given that Jazzercise's peak in demand for parking would mostly be at off hours from the other tenants of the building, staff felt comfortable with the amount of parking provided at that time. Since CrossFit NorthStar would demand parking at similar times to Jazzercise, there is a need to control the amount of parking. It is also a way to be fair to the existing tenants of the building to ensure that there is sufficient parking for those users. The petitioner is not opposed to the limit of 20 and has stated that he would not be able to support larger classes given the space needs for the type of training CrossFit NorthStar provides. Therefore, limiting the class size does not limit the potential for the petitioner's business, as he would likely not have classes larger than 20, regardless of an imposed limit. 4 CITY OF APPLE VALLEY � � RESOLUTION NO. 2012-_ �� A RESOLUTION APPROVING A CONDITIONAL USE PERMIT � FOR COMMERCIAL RECREATIONAL USE IN A`BP" (BUSINESS PARK) ZONE AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City, and WHEREAS, said regulations provide that commercial recreational uses may be allowed within the confines of a"BP" (Business Park) zoning district and in accordance with specific performance standards, as a conditional use, and WHEREAS, approval of a Conditional Use Permit for CrossFit NorthStar, a commercial recreational use, has been requested by the operator of the business, Sean Flaherty, and the property owner, GJPBM Investments, 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 7 and March 21, 2012, and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on _, 2012. 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 commercial recreational use within a`BP" (Business Park) zone be approved subject to the following conditions: 1. The Conditional Use Permit shall apply to property legally described as Lot 2, Block 1, KNOB RIDGE 2 ADDITION. 2. Such operations shall be conducted in conformance with the site plan received in City offices January 13 2012. 3. Such operations shall be conducted in conformance with the floor plan received in City offices January 31 2012. 4. The commercial recreational use shall be limited to 3,643 square feet. 5. Class sizes shall be limited to no more than 20 people, of which only one class may take place at any given time. 6. The Conditional Use Permit may be revoked if the above conditions of this Con i Use Permit or any provision of the City Code are violated. �� � ADOPTED this 22nd day of March, 2012. Mary Hamann-Roland, Mayar 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 March 22, 2012, the original of which is in my possession, dated this day of , 2012 . Pamela J. Gackstetter, City Clerk 2 � � -� $ � �`� � � �� t R ;. � � f s ° �� � £ � � �'� �~ ` f, ` i o } a � � �� : � ` � � ; �. ', i r - � xr'; �x � � F (� . t �� s.: _ E ' � � �� _ . v � . . ° 1 �` l� � t 7 , , � j �ffi . . � ,.:f� � �� � ' 1 # � r^ � � _ 1 " � � ,. � �� � �3� '�� °. � Z � � � , � k ' i ��y ���`� �� : ��, �� � ,� � 4 �� � �� � �� � t � � }. 2����. �� 5 � � � '�' � , t � � � ".I � ,�A . �" �" �� ,� '� � t�t�� 4 .,Ff � Q . faf f t� �°� �^ I � t f � �� � � � �a� � r ����' � � � � � ��� � '� ' � � - $ �' n d i ���1*� '` `' ` � � � � A vk-I ` `=l�� � � - � d �..� _ , M . 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S=C�#.�-_ '� � � tTNES5 • i � l�Q ' I , . � � � � ; - — — —� � � � � __:� ,643 S F � `�' � .�..�..���__._.._____...__ _._.__..�..�_ � � ______' y3 OCC � t � , . � f ; � ' ��t"���v ; S=�A. �� �: ..� S�•�� _4� , � � _ � - �P �cRS � I <��1�3._ _._.!?�_.1 �_.__ S�_j5 � ao� � — — J , � � ---_..��__ ..W,_._ .___w_.___._______ ' �-�- _ _---, _ � .�_. _ - � � � ,! � ! ��n o'i� Ey _� r� �—______ __ __ _ _ . _ _ _,_ _ _ _ _. _. _� i_�� ' ����_�.7 ��'� �-.7o_�Q,._F�__ - - � � . Pts�� ui��A�S �- S �T . . � __�, ,, _ , _ ___..__._ �__.____._._. . � , � .. Floor PIa n � .. Lewis, Addison Subject: Parking question From: Joe Filipas (mailto:joe@celadonsystems.coml Sent: Friday, March 02, 2012 11:53 AM To: Lewis, Addison Subject: RE: Parking question We have abaut 30 — and that could spike this year, we're just not sure yet! From: Lewis, Addison [mailto:alewis@ci.apple-val�ey.mn.usl Sent: Friday, March 02, 2012 10:22 AM To: Joe Filipas Subject: RE: Parking question Thanks for your reply Joe. That's good to hear that you're growing. Business must be good. Coufd you tell me how many employees are currently at the 14763 Energy Way office and if yau anticipate that number will go up significantly? Addison From: Joe Filipas [maifto:ioeC�celadonsystems.com] Sent: Friday, March 02, 2012 8:59 AM To: Lewis, Addison Subject: RE: Parking question Goad marning, Addison! � Most of our employees arrive between 7-8am and leave between 4:30-6pm, M-F. We've been growing, and it seems like we're taking a fair amount of parking real estate by our 14763 Energy Way office. Is there anything else I can help you with? �c�� ���i�s�� Marketing and Cammunications Coardinator Phone: + 1 952 232 17Q1 ioe.filitaas@celadonsVstems:cam � ��� u,°�� t� ���¢a���c� ��s� ��� Celadon Systems, Inc. 14763 Energy Way Apple Valley, MN 55124 USA w�vw.celadcsns�ste�s.com P: + 1 952 232 1700 F: + 1 952 997 6225 1 From: Lewis, Addison [maiito•alewis@ci.apple-vailey.mn.usl Sent: Friday, March 02, 2012 8:55 AM To: joeCa�celadonsystems.com Subject: Parking question Hi Joe, I was referred to you by Maggie Dykes. I am working with a new tenant for the Pilot Flex Center building and am trying to make sure parking will not be an issue. Could you tell me your main operating hours or what time most people typically leave for the day? Thanks, Addison Lewis City of Apple Valley Community Development Department (952) 953-2545 ` z � --. �� ( � . �� ." Lewis, Addison Subject: FW: Proposed conditional use permit From: Bill Wanner jmailto:BillCa�sscLautostap.coml Sent: Wednesday, February 22, 2012 2:39 PM To: Murphy, Joan Subject: Proposed conditional use permit To whom it may concern, The partners owning the contiguous vacant lot (14751 Energy Way) support the conditional use permit request to operate a Commercial Athletic Training facility as proposed. It's great to see any new or existing business expand or startup in our difficult economy, fill vacancies and create more jobs: We look forward to building on our site sometime soon, we hope! Best Regards, BNA Properties, LLG , APPAUL LLC. ' This e-Mail may contain proprietary and confidential information and is sent for the intended recipient(s) only. If by an addressing or transmission error this mail has been misdirected to you, you are requested to delete this mail immediately. You are also hereby notified that any use, any form of reproduction, dissemination, copying, disclosure, modificati:on, distribution and/or publication of this e-mail message, contents or its attachment other than by its intended recipient/s is. strictly prohibited. 1 CITY �F APPLE uAL�.EY PRf?JECT SI�MMARY ' ��,, ; CrossFit NorthStar A DD'Tio1�1� 1_, agenda Iterrz: �p�plicant: Sean A. F,IaF�erty, CrvssFit NorthStar Case Number: PC'12-05-G l�pplieation Date: January 'f3; 201'� Staff Revie�ver: Kathy Bodm�r Meeting Date: `:Marck�'22, 20'12 *xX Updated Report With Planning Commission Recommendation *** Petition for: Conditional Use Pertnit (CUP) for 3,643 square foot commercial recreational use in a"BP" (Business Park) zoning district at 14791 Energy Way, by Sean Flaherty, owner of CrossFit NorthStar. Summary of CrossFit NorthStar is a fitness training facility that is currently operated just north of the proposed Issues: new location in the 147 Street Business Center building. The petitioner wishes to relocate into the Pilot Flex Center building to gain more space to operate his business. The 3,643 sq. ft. space ' is located in the southwest corner of the Pilot Flex Center building. Site Plan: No changes are proposed to the Pilot Flex site or building to accommodate the proposed fitness facility. � Parkin�: The main concern with operating a commercial recreation facility in an existing building in the `BP" (Business Park) zoning district is that recreational facilities typically have a higher demand far parking than what is normally provided for an industrial use. The petitioner stated that the maximum class size would be 20 participants with one staff person per session. Staff has analyzed the parking demand for the proposed training facility and the future parking needs of the two Pilot Flex Center parcels and has determined that sufficient parking is available for this proposed use. Recommended At its March 21, 2012, meeting, the Planning Commission voted unanimously to recommend Actions: avvroval of the conditional use permit far the CrossFit NorthStar with the following conditions: 1. The conditional use permit shall apply to property legally described as Lot 2, Block 1, KNOB RIDGE 2 Addition. 2. Such operations shall be conducted in conformance with the site plan received in City offices January 13`�', 2012. 3. Such operations shall be conducted in conformance with the floor plan received in City offices January 31S 4. The commercial recreational use shall be limited to 3,643 square feet. 5. Class sizes shall be limited to no more than 20 people, of which only one class may take place at any given time. 6. The Conditional Use Permit may be revoked if the above conditions of this Conditional Use Permit or any provision of the City Code are violated. , The following motion will approve the project in accordance with the Planning Commission recommendation: Adopt the draft resolution approving a conditional use permit (CUP) at 14791 Energy Way for a 3,643 square foot commercial recreational use in a`BP" (Business Park) zoning district, with conditions as recommended by the Planning Commission. 1 CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COMMERCIAL RECREATIONAL USE IN A`BP" (BUSINESS PARK) ZONE AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations tt� control land uses throughout the City, and WHEREAS, said regulations provide that commercial recreational uses may be allowed within the confines of a`BP" (Business Park) zoning district and in �ccordance with specific performance standards, as a conditional use, and ' WHEREAS, approval of a Conditional Use Permit for CrossFit North�tar, a commercial recreational use, has been requested by the operator of the busin�ss, Sean Flah�rty, and the property owner, GJPBM Investments, LLC, and WHEREAS, review of such Cond�tional Use Permit request to determine its conformance with the applicable regulations and perfor�nance standards has occurred at a public hearing held on March 7 and March 21, 2012� and WHEREAS, th� Apple Valley Planning CQmmission recc�mmended approval of such Conditional Use Permit subject to c�rtain condit�c�ns on March 21, 2012. � NO�, ��HEItEEORE, BE IT RESQLVED by the City Council of the City of Apple Valley, Dakota County, Nlinnesota, that a C�nditional LT�� Perrnit for a commercial recreational use within a"BP" �Business Park) zo�e be approved subject to the following conditions: 1. The Cc�nditional Use Permit shail apply to property legally described as Lot 2, Block l, KNOB RIDGE 2 ADDITION. 2. Such operations<$hall be conducted in conformance with the site plan received in City offices January I 3 20 t�. 3. Such operations shall be conducted in conformance with the floor plan received in City offices January 31 St , 2012. 4. The commercial recreational use shall be limited to 3,643 square feet. 5. Class sizes shall be limited to no more than 20 people, of which only one class may take place at any given time. 1 6. The Conditional Use Permit may be revoked if the above conditions of this Conditional Use Permit or any provision of the City Code are violated. ADOPTED this 22nd day of March, 2012. Mary Hamanr�-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gac�st��ter, App�e Valley City Cler�, h�'eby certify that the forgoing is a true and correct copy of a resolution ad�pted by the �ity Councii' �n March 22, 2012, the original of which is in my possessi�on, dated tliis��� day of �� , 2012 . Pamela J. Gackstetter, City Clerk 2 �. L = �= . . ' , � = �I�Y �F A PRC)JECT StJM1UlA.�Y �ry � '�'* � � ��� ,. .,,,,, , . �; BOGART'S OUTDOOR VOLLEYBALL COURTS INTERIM USE PERMIT Agenda [tems �y� ° ' • r � ��' r� ' Applicant: App[e�Place Bowl�Bog�rEs� — � � ° �� C�se PC12 D21� . _ � �. F — ,� � _ ;� 'A lication Date FeTrua _2� �Q'f'I- �"� �h � �. � ° �� , � �° � � , �. � � � � ��_.� � � pp , �'Y � ,.�. ��. � , ;�, . �, ,� �_� � �,�, t x ,�� — . I:� : i� ,�. '' I ��y� I�� i i � _ �� - � I � a �v' ;. s "n��; i� �e'��ih����l«9�'� ' �: � , �; _ � Yk �,,� �o��� � �w� • :� � � ° Meetingdat+e�Marc�i;��,2�'f� ^. �_ ��� �� �; 5faff=Re�ri�w�r. Mar' aret D ` es � �, � _ �,�, . . _ Petition for: • Interim Use Permit for Outdoor Volleyball Courts at Apple Place BowUBogart's, 14917 Garrett Avenue Summary of Zo ning: The property is zoned for a mix of recreational, institutional, and general office uses. The Issues: property owner has requested an Interim Use Pernut, which is a permit granted by the City for a temporary use that will end on a particular date. The Interim Use Pernut will allow the City to assess the impacts of the outdoor volleyball courts to determine if the zoning code should be amended to allow them as a permanent use. If the courts do not adversely affect surrounding uses, staff believes a Code amendment to a11ow outdoor recreational uses as a conditional use would be appropriate. The properiy owner would need to request a zoning code amendment as well as a conditional use permit. Site Plan: The applicant is requesting an Interim Use Permit to install two outdoor volleyball courts in the existing southern parking lot of Apple Place BowUBogart's. The volleyball courts are intended to be seasonal and would be installed and operated from April 30 to September 1S The courts will be removed after September 1 St . The courts would operate from 6 p.m. to 10:30 p.m. Sunday through Thursday, and some weekends when they will be used for open and tournament play from 10 a.m. to 10 p.m. The applicant also wishes to install a temporary sundeck and service bar that will be located on the north end of the courts. The total area to be used for the temporary courts and deck measures 90'x 100' (9,000 sq. ft.). The applicant's site plan shows the following: • Two outdoor volleyball courts measuring 45'x80' (3,600 sq. ft.) each – total area for courts is 7,200 sq. ft. This will remove 24 parking spaces. Staff is comfortable with the removal of the spaces due to the existing shared parking arrangement between Apple Place BowUBogart's, Commons I, Commons II, and Paideia Academy. • A composite deck on the north end of courts measuring 20'x90' (1,800 sq. ft.) that will be 18 inches off the ground. The deck area will seat 70 people. The property owner must apply far and receive a building pernut prior to installation of the deck. This will require additional SAC/WAC charges. • A 10'�0' bar covered by a pergola that will provide service for beer, soda, and water. The applicant will need to amend the existing liquor license if beer or other alcoholic beverages are to be sold or consumed outside. • 350 tons of sand to fill the courts to a depth of 12-14 inches. The applicant states drain tile will be installed for stormwater runoff. • Fencing for the courts will consist of 17' high woven mesh netting supported by seven perimeter poles and two interior poles. Temporary lights will be mounted on top of four of the perimeter poles. No other fencing is proposed. Recommended The Plaiuung Commission will review this item at its meeting of March 21, 2012, which is when the Actions: public hearing will be held. Provided no adverse comments are received at the public hearing, and the Commission has no outstanding issues, staff will be recommending approval of the I[TP request, and ask the Commission to move the item forward. If the Commission makes a recommendation on March 21 staff will bring the Commission's recommendation to the City Council on March 22" However, as a starting point for review, attached to this report is a draft resolution approving the Interim Use Permit request subject to conditions agreed to by the applicant. These are the same conditions listed in the Planning Commission's report. Attachments: 1. Location Map 5. Site Plan 9. Shared parking plan for area 2. Comprehensive Plan 6. Site Plan Detail 10. Examples of outdoor volleyball courts 3. Zoning Map 7. Plan Side View 4. Site Location Detail 8. Applicant's project description 2 H:\DEVELOPM�2012 Projects\Bogart's Volleyball Court\CCreport.docx BOGART'S OUTDOOR VOLLEYBALL COURTS INTERIM USE PERMIT PROJECT REVIEW Existing Conditions Property Location: 14917 Garrett Avenue Legal Description: Part of Lot 2, Block 7 of Apple Valley Commercial Addition lying south of a line beginning at the west line 530 feet north from the southwest corner, then east at a right angle 406.25 feet to the east line and there ternunating. Comprehensive Plan Designation "COM" (Commercial) Zoning Classification "PD-290, Zone 2" (Planned Development) E�sting Platting Platted Current Land Use Apple Place BowUBogart's Size: 3.51 acres Topography: Flat Existing Vegetation Suburban commercial plantings Other Significant None Natural Features Adjacent NbRTH Paideia Academy Properties/Land Uses Comprehensive Plan "COM" (Commercial) Zoning/Land Use "PD-290" (Planned Development) SOUTH Mardell Law Office Comprehensive Plan "COM" (Commercial) Zoning/Land Use "PD-290" (Planned Development) EAST Dakota County Western Service Center and Henry Anderson Mortuary Comprehensive Plan "INS" (Institutional) and "COM" (Commercial) Zoning/Land Use "P" (Institutional) and "PD-290" (Planned Development) WEST Commons I and II Buildings Comprehensive Plan "COM" (Commercial) Zoning/Land Use "PD-290" (Planned Development) Development Project Review Comprehensive Plan: The property is guided for commercial uses in the Comprehensive Plan; the proposed use is consistent with the Plan. Zonin�: The property is zoned for a mix of recreational, institutional, and general office uses. The outdoor volleyball courts are currently not listed as a permitted or accessory use listed in the zoning code, the Planned Development zoning district does allow as permitted accessory uses "picnic areas, plazas, amphitheaters, or similar semi-public gathering areas." The property owner has requested an Interim Use Permit, which is a pernut granted by the City for a temporary use that will end on a particular date. The pernut may impose special standards or restrictions to assure that the temparary use is compatible with surrounding properties. The Interim Use Permit will allow the City to assess the impacts of the outdoor volleyball courts to determine if the zoning code should be amended to allow them as a permanent use. If the courts do not adversely affect surrounding uses, staff believes a Code amendment to allow outdoar recreational uses as a conditional use would be appropriate. The property owner would need to request a zoning code amendment as well as a conditional use permit. Site Plan: The site plan shows the installation of two outdoar volleyball courts, as well as a sundeck and service bar for beverages. The courts and deck/service bar will be located in the e�sting southern parking lot of Apple Place BowlBogart's. The volleyball courts are intended to be seasonal and would be installed and operated from April 30"' 3 H:�DEVEL,OPM�2012 Projects\Bogart's Volleyball Court\CCreport.docx to September l The courts will be removed after September l The courts would operate from 6 p.m. to 10:30 p.m. Sunday through Thursday, and some weekends when they will be used for open and tournament play from 10 a.m. to 10 p.m. The applicant's site plan shows the following: • Two outdoor volleyball courts measuring 45'x80' (3,600 sq. ft.) each — total area for courts is 7,200 sq. ft. This will remove 24 parking spaces. • A composite deck on the north end of courts measuring 20'x90' (1,800 sq. ft.) that will be 18 inches off the ground. The deck area will seat 70 people. • A 10'�,0' bar covered by a pergola that will provide service for beer, soda, and water. • 350 tons of sand to fill the courts to a depth of 12-14 inches. The applicant states drain tile will be installed for stormwater runoff. • Fencing for the courts will consist of 17' high woven mesh netting supported by seven perimeter poles and two interiar poles. Temporary lights will be mounted on top of four of the perimeter poles. No other fencing is proposed. The site shares parking with Paideia Academy to the north, the Commons I building to the west, and the Commons II building to the southwest. The breakdown is as follows: Eausting Shared Parking Arrangement # Spaces on Site # Spaces Needed # Spaces Short or Over Bogart's/A le Place Bowl 188 218 30 short Commons I Building 240 252 12 short Commons II Building 280 277 3 over Paideia Academy 73 54 19 over Total 781 801 20 short Proposed Shared Parking Arrangement (if volleyball courts are installed) # Parking Spaces # Parking Spaces # Spaces Short or on Site - Needed Over Pro osed Bo art's/A le Place Bowl 164 218 54 short Commons I Building 240 252 12 short Commons II Building 280 277 3 over Paideia Academy 73 54 19 over Total 757 801 44 short Though the proposal would temporarily remove 24 parking spaces, staff finds that this should not adversely affect overall shared parking in the area. The shared parking plan has worked in the past even with the parking shortage because of the staggered hours of operation for the various uses in the area. The school is in use during the day, as are the two office buildings. Bogart's is primarily in use during the evening hours when the school and the office buildings are not. This parking scenario could still wark due to the staggered hours of the users. There are existing cross- parking, cross-access easement agreements between all of the properties, which state that any modification to the parking plan must be approved by the property owners and the City. This would be required before any parking spaces could be removed. S igns: No additional signs are allowed on the site except temporary signs as permitted by Section 154 of the City Code. Public Hearing Comments: The public hearing will be held March 21 Staff will bring any comments received at the public hearing to the City Council. If there are no adverse comments received, and the Planning Commission has no outstanding issues, staff will recommend approvaL 4 H:�DEVELOPM�2012 Projects�Bogart's Volleyball Court\CCreport.docx CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR APPLE PLACE BOWLBOGART'S NIGHTCLUB 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 Minnesota Statutes 462.3597, the City of Apple Valley has adopted within its zoning regulations the authority to grant interim use permits, and WHEREAS, pursuant to the City's zoning regulations, an"interim use" is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it, and WHEREAS, approval of an Interim Use Permit for outdoar display, sales and storage of propane fuel has been requested by Apple Place BowlBogart's Nightclub; and WHEREAS, review of the Interim Use Permit request to determine its conformance with the applicable regulations and performance standards has occuned at a public hearing held on March 21, 2012, and WHEREAS, the Apple Valley Planning Commission recommended approval of the Interim Use Permit request subject to certain conditions on March 21, 2012 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that an Interim Use Permit for two seasonal outdoor volleyball courts, sundeck, and service bar a within zoning district "PD-290, Zone 2" (Planned Development) be approved subject to the following conditions: 1. The Interim Use Permit shall apply to property legally described as Part of Lot 2, Block 7 of Apple Valley Commercial Addition lying south of a line beginning at the west line 530 feet north from the southwest corner, then east at a right angle 406.25 feet to the east line and there terminating. 2. The interim use shall be conducted in conformance with the site plan received in City offices on February 21, 2012, on file at the City Offices, and attached hereto as "E�iibit A". 3. There shall be no more than two (2) outdoor volleyball courts measuring 45'x80' (3,600 sq. ft.) each located at the southwest corner of the building, and the 20'x90' D� ��� (1,800 sq. ft.) sundeck and 10'x20' (200 sq. ft.) service bar shall be located north of the courts abutting the building as shown on the submitted site plan. 4. Not more than 24 parking spaces shall be removed for the outdoor volleyball courts and sundeck/service bar. 5. The outdoor volleyball courts and sundeck/service bar shall be installed and operated only from April 30 to September 1, 2012. All materials associated with the interim use shall be removed from the parking lot and stored on site or removed from the site after September 1, 2012. 6. The courts shall be in use only from 6 p.m. to 10:30 p.m. Sundays through Thursdays, and 10 a.m. to 10 p.m. Fridays and Saturdays. 7. The property owner shall apply for and receive a building permit for the sundeck prior to construction of the deck. 8. The property owner shall apply for and receive an amended liquor license for the outdoor sale and consumption of beer prior to use of the sundeck and service bar. 9. The outdoor volleyball courts shall be fenced with a woven mesh netting not to exceed 17' in height as measured from parking lot grade, and temporary lights shall be mounted on perimeter poles. Said lights shall be arranged so as not to cause light trespass at the property line, or cause glare onto adjacent roadways. 10. The Interim Use Permit may be revoked if the permittee does not comply with the terms of conditions #2 through 9 above. 11. The Interim Use Permit shall terminate on December 31, 2012, or until zoning regulations no longer permit it, whichever occurs earlier. ADOPTED this 22 day of Max'Ch� 2012. Mary Ha�ann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk DR,�FT 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 , 2012, the original of which is in my possession, dated this day of , 2012. Pamela J. 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S S�Ar�n�G �4z��RovN�s ,acc�SS � RAM P � � < � o � p " � c�/ ��I /L � , �PERIMrTEf�- a � NeTi'f t�C� ; CoU�T Cou�eT �i � A � ' � t� �AS� ��.�.�� � �� , -�'�' _� . �� � � n -, �.�e . _.�..�.__ . _µ _ : ��� ������- ��( � (�� 3 ��' �n.L� ST�� � Poc�s -=� I�`-2�' �i��H A � , p �� Z�� SC�cIA�.G I�vJL �s�t t�u��r� i �rr�°r r�� � € S�RVi��. ��. ��X �� D�CK ���o ��t�� C�RA� Ia`x �' � , . ;: � �`f ���'aUt�� �s��.u. �T�,EI. 5►�.��. �.5` 6 t� �RA�E�� Planning Commission & City Staff February 21, 2012 Apple Place Bowl / Bogart's Nightclub is applying for an Interim Use Permit for (2) outdoor sand volleyball courts in the south parking lot of the property at 14917 Garrett Ave. The IUC would cover the time period from May 1, 2012 to September 1, 2012. The following information includes questions and concerns established by the Planning Commission during the Site Plan Review. - The 9,000 sq. ft area would occupy 24 current parking spaces. The construction of the courts would commence after the bowling league season which runs from September 1st through April 30 each year. During the summer months, the regular occupancy diminishes to approximately one third of the bowling season. - Typical hours of operation for league volleyball are 6:OOpm — 10:30pm Sunday through Thursday. There will be some open or tournament play on the weekends from 10:OOam —10:OOpm. - The courts would be enclosed with 1-1/2" Dupont woven mesh netting approximately 17' high. Seven perimeter poles and two interior poles (3-1/2" galvanized steel) would support the netting. Temporary lighting would be mounted at the top of the four perimeter corners of the courts. - The customer sundeck measures 20'x 90' (10'x 90' would be permanent construction). A pergola styie service bar measuring 10'x 20' would be constructed on the sundeck. One handicap accessible ramp would be installed at the east end of the deck with another entrance at the west end. Four foot high standard wood fencing and gates would enclose both ends of the deck. Construction details will be submitted with the building permit application. - The sundeck would seat approximately 70 people based on 12- 42" round tables and some bar seating. - Interior storage for decking, poles, netting, tables, chairs, etc. will be provided at Apple Place Bowl. There is a vacant storage room at the west end of the building large enough to adequately store equipment during the off season. Apple Place Bowl / Bogart's Nightclub understands that an Interim Use Permit is temporary and that a Conditional Use Permit with a zoning amendment will be necessary for future use. The IUC will be valuable in evaluating and modifying any changes necessary after the 2012 summer seasonal use. Thank you for your time and consideration. EXISTING SHARED PARKING ARRANGEMENT � FOR USERS SOUTHWEST OF GARRETT AVE. & 147 ST. (Commons I, Commons II, Paideia Academy, and Bogart's/Apple Place Bowt) # Parking Spaces # Parking Spaces # Spaces Short or on Site Needed Over Commons I Building 240 252 12 short Commons II Building 280 277 3 over Paideia Academy 73 54 19 over Bogart's/Apple Place Bowl 188 218 30 short Total 781 801 20 short PROPOSED SHARED PARKING ARRANGEMENT IF BOGART'S VOLLEYBALL COURTS INSTALLED # Parking Spaces # Parking Spaces # Spaces Short or on Site - Proposed Needed Over Commons I Building 240 252 12 short Commons II Building 280 277 3 over Paideia Academy 73 54 19 over Bogart's/Apple Place Bowl 164 218 54 short Total 757 801 44 short ZTOZ/IZ/Z �df a�.reZ-amsoi�ug-�ui�aN-�oo3-�uannZ�sa��uzi�uzo�•�snIl�a�aiion•n�nnn�//:d�u �� , „��� � � ���o � ��� � � � �� � � � s � �� 'p �� I "% € �3 4� � � f ..' ���` � 1� ��t . �' .� � , x � � ,� r ��6.���\ e �� �'y� l�.,3 ..r � "�,` �.�`�' �`r��a �" � i � s � ? ���� � �a �"�t . �a e ��s:,. � °�` �^' � � �� . M , � c Wa� e �^#�afi �, �� � i���� � r ��� �\ _ ..�a,,....w. s. .e. .. � � \»_, i �o j a��d Page 1 of 1 �' ��� , � �, ,�� , ,� � " � �"� � � � � �� �� � � I�� , � � � �� � � � � � � :,�.� r �; � �`� �� x.� _ � � , �. . �� � � �� �. { s . r, t � ��. e a � r;:, http://www.volleyballusa.com/images/Virginia-Courts-Medium.jpg 2/21/2012 Item: 4L �� ' �4ADI�r'IaNP�L. a��.a ���� •�� City of App Va��ey MEMO Community Development.Department TO: Mayor, City Council, City Administrator FROM: Margaret M. Dykes, Associate City Planner MEETING DATE: March 22, 2012 SUBJECT: Bogart's/Apple Place Bowl Outdoor Volleyball Courts Interim Use Permit - Case # PC12-02-I The public hearing for this item was held at the Planning Commission meeting of March 21, 2012. No member of the public addressed the Commission regarding this item, and the Commission had no outstanding issues. The Commission voted unanimouslv to recommend approval of the requested Interim Use Permit for Bogart's/Apple Place Bowl, 14917 Garrett Avenue. The City Attorney recommended a slight modification in the wording to the resolution relative to the sale and consumption of liquor outdoors. A revised resolution is attached. Recommended Action: The following motion will approve the request in accordance with the Planning Commission's recommendation: • Adopt the attached resolution approving an Interim Use Permit for seasonal outdoor volleyball courts, sundeck, and service bar at Apple Place BowUBogart's Nightclub, 14917 Garrett Ave., subject to all applicable City codes and standards, and the following conditions: 1. The Interim Use Permit shall expire on December 31, 2012. 2. There shall be no more than two (2) outdoor volleyball courts measuring 45'x80' (3,600 sq. ft.) each located at the southwest corner of the building as shown on the site plan received in City offices on February 21, 2012. 3. The 20'x90' (1,800 sq. ft.) sundeck and 10'at20' (200 sq. ft.) service bar shall be located north of the courts abutting the building as shown on the submitted site plan. 4. Not more than 24 parking spaces shall be removed for the outdoor volleyball courts and sundeck/service bar. 5. The outdoor volleyball courts and sundeck/service bar shall be installed and operated only from April 30 to September 1, 2012. All materials associated with the interim use shall be removed from the parking lot and stored on site or removed from the site after September 30, 2012. 6. The courts shall be in use only from 6 p.m. to 10:30 p.m. Sundays through Thursdays, and 10 a.m. to 10 p.m. Fridays and Saturdays. 7. The property owner shall apply for and receive a building permit for the sundeck prior to construction of the deck. 8. No sale or consumption of alcohol shall occur outdoors in connection with the use unless the establishment's liquor license is amended permitting said sale or consumption. 9. The outdoor volleybalt courts shall be fenced with a woven mesh netting not to exceed 17' in height as measured from parking lot grade, and temporary lights shall be mounted on perimeter poles. Said lights sha� be arranged so as not to cause light trespass at the property line, or cause glare onto adjacent roadways. CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR APPLE PLACE BOWLBOGART'S NIGHTCLUB 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 Minnesota Statutes 462.3597, the City of Apple Valley has adopted within its zoning regulations the authority to grant interim use permits, and WHEREAS, pursuant to the City's zoning regulations, an "interim use" is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it, and WHEREAS, approval of an Interim Use Permit for outdoor display, sales and storage of propane fuel has been requested by Apple Place BowUBogart's Nightclub; and WHEREAS, review of the Interim Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on March 21, 2012, and WHEREAS, the Apple Valley Planning Commission recommended approval of the Interim Use Permit request subject to certain conditions on March 21, 2012 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Va11ey, Dakota County, Minnesota, that an Interim Use Permit for two seasonal outdoor volleyball courts, sundeck, and service bar a within zoning district "PD-290, Zone 2" (Planned Development) be approved subject to the following conditions: 1. The Interim Use Permit shall apply to property legally described as Part of Lot 2, Block 7 of Apple Valley Commercial Addition lying south of a line beginning at the west line 530 feet north from the southwest corner, then east at a right angle 406.25 feet to the east line and there terminating. 2. The interim use shall be conducted in conformance with the site plan received in City offices on February 21, 2012, on file at the City Offices, and attached hereto as "E�iibit A". 3. There shall be no more than two (2) outdoor volleyball courts measuring 45'x80' (3,600 sq. ft.) each located at the southwest corner of the building, and the 20'x90' (1,800 sq. ft.) sundeck and 10'x20' (200 sq. ft.) service bar shall be located north of the courts abutting the building as shown on the submitted site plan. 4. Not mare than 24 parking spaces sha11 be removed for the outdoor volleyball courts and sundeck/service bar. 5. The outdoor volleyball courts and sundeck/service bar shall be i�stalled and operated only from April 30 to September 1, 2012. All materials associated with the interim use shall be removed from the parking lot and stored on site or removed from the site after September 30, 2012. 6. The courts shall be in use only from 6 p.m. to 10:30 p.m. Sundays through Thursdays, and 10 a.m. to 10 p.m. Fridays and Saturdays. 7. The property owner shall apply for and receive a building permit for the sundeck prior to construction of the deck. 8. No sale or consumption of alcohol sha11 occur outdoors in connection with the use unless the establishment's liquor license is amended permitting said sale or consumption. 9. The outdoor volleyball courts shall be fenced with a woven mesh netting not to exceed 17' in height as measured from parking lot grade, and temporary lights shall be mounted on perimeterpoles. Said lights shall be arranged so as not to cause light trespass at the property line, or cause glare onto adjacent roadways. 10. The Interim Use Permit may be revoked if the permittee does not comply with the terms of conditions #2 through 9 above. 11. The Interim Use Permit sha11 terminate on December 31, 2012, or until zoning regulations no longer permit it, whichever occurs earlier. ADOPTED this 22 day of March, 2012. 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 , 2Q12, the original of which is in my possession, dated this day of , 2012. Pamela J. Gackstetter, City Clerk "EXHIBIT A" � � ,-� � � � � ��. � : > i � � y , 9 � �' �i � , � � � a� �ti � � � � � d � ° � ') III hi� � h � iil�` � —� � �� j �� �� � �� � � � � � �� � � �'� � � � �r���� � � , � , �F , �_. � z,�,�,� ., _���- ' � �� �' '',, a � �< < � � r - � . ��" � �o � � ���,�„ � i��� � „.,. . ..., �� �� i � V �� ��,�w d i� �`�� G��' f ' f o�cr�z��� i � � � � ' � i-1�' s ����� �� p ' �� � ' � ' � ��� � - .. � ; «� I �� :,� �'� � n �IP� � ; � � ` j y[ i,) � , � � ��, '�, {, 2G x 90 oeck. �� �� �7� n � i, '� ` i i . g j4 d ?� (i t € i ,. ( .. �. k . i ai � „ -a �-' I P � ... � ( �. t �I " �R � � �a� ' ` q �� - h .. �. ,� � ` � 'w" ; �w � � V� � �� � _ a ' 'i��l ii�� � � � zr. , .. s_nr � � . � .�, n � a � ��� � � � ��� � ��I� � . . � ��= i ���P�� �� � -� ' . IQ XL'O� 1�,CG�}7 '. 6 � � i�' r d �� �`� : �� � $E�?tOCE �H� � H �� � Ip ' � ,- i � � � V� ' � I � � r ��I�) � � ` ° ti� °� .. . � s ��� i6P "ix �ii� � " �� ' ��' i�� ,�;� i �� ��� �� ��' t , , ���� � a �v2T � ,: ��� P� � I !. ' �u �� � ��+' ' � � A ��� � '� �tnlL � � � ��a � iiiv � � �� � tir �:� . � i s � i� '�'�' _ r, z ' " iii�i� ' '� �� �' �� , n �, , t�� � � � � i e�� � II I � I s � �X /� r ACLESS " ,, r 9��I RtaV+�P W� P.AIL �, i� ��It� � �=n �b , � , � � I ' 116 �� (I� � � � , ���R�� �, ��� T ; � � Location of Interim Uses Site Plan ��� y-. M.1 �.�� ����� ���� ��, . City of App�e Va��ey MEMO Public Works Deparhnent TO: Mayor, City Council and City Administrator FROM: Colin G. Manson, City Engineer DATE: March 22, 2012 SUBJECT: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF BIDS FOR AV PROJECT 2011-105, FLAGSTAFF AVENUE EXTENSION Attached for consideration is a resolution approving plans and specifications and setting the date for receipt of bids for the Flagstaff Avenue Extension project. Flagstaff Avenue is proposed to be constructed as a three lane design with a common center left turn lane and 8-foot trails on each side. Also included in the project are the extension of existing 145th Street to Flagstaff Avenue, and the installation of a raw water line from the new Well 20 site to the Water Treatment Plant. Storm sewer and parking lot changes at the Central Maintenance Facility necessary to coordinate timing of upcoming work associated with the Water Treatment Plant expansion are also included. Following is a summary of anticipated project costs and funding sources: Estimated Project Cost: Construction Cost $ 3,050,000 Construction Contingency $ 50,000 Overhead (Eng, Legal, Testing, Admin.) $ 250,000 Preliminary Geotechnical Exploration $ 7,500 ROW Acquisition $ 280,000 Total Estimated Cost $ 3,637,500 Estimated Project Funding: Tax Increment Financing $ 1,770,000 Road Improvement Fund $ 891,500 Water Utility Operating Budget $ 346,000 Future Capital Improvements Fund $ 630,000 Total Estimated Funding $ 3,637,500 Should City Council authorize bidding, bids would be received April 19, 2012, with award anticipated on Apri126, 2012. Page 1 of 2 Recommended Action: Adopt resolution approving plans and specifications and directing receipt of bids at 10:00 a.m. on April 19, 2012, far AV Project 2011-105, Flagstaff Avenue Extension. CGM:jcb Attachments c: Todd Blomstrom Page 2 of 2 CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2011-105, FLAGSTAFF AVENUE EXTENSION WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2011-105, Flagstaff Avenue Extension, copies of which are on file in the Office of the City Clerk; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The City Clerk is hereby authorized to receive sealed bids at the time and place specified in the form of notice attached hereto as Exhibit A. 2. The Clerk is authorized and directed to cause an advertisement for said bids to be published once in Apple Valley Thisweek, being the official newspaper of the City, and once in the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 22nd day of March, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:00 a.m., CST, Thursday, April 19, 2012, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: Citv Project 2011-105, Flaastaff Avenue Eutension 2,000 LF Remove Concrete Curb and Gutter 17,000 SY Remove Bit Pavement 600 LF Remove RCP 550 LF PVC Sanitary Sewer 4,200 LF RCP Storm Sewer 330 LF Jack RCP Storm Sewer 4,200 LF PVC Raw Water Main 30,000 CY Common Excavation 18,000 TN Select Granular Borrow 19,000 TN CI 5 Aggregate Base 11,500 TN Bituminous Mixture 7,000 LF Concrete Curb and Gutter 400 SF Construct Retaining Wall 13 EA Lighting Unit 9500 LF Underground Wire 24 EA NMC Loop Detector 6'x6' 40,000 SY Seeding 9,500 LF Pavement Markings With related items Bidders desiring Bidding Documents may purchase them by check for a non-refundable fee of $45 from the City of Apple Valley, 7100 147th Street West, Apple Valley, MN 55124. Contact Penny Stewart at (952) 953-2586 to place an order. The Bidding Documents may be seen at the office of the City Engineer, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer's Project Manager Colin Manson at (952) 953-2425. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY � 2011-105 00 11 13 - 1 ���� '-�.M.2 ���� ��� c�ty of AppVa��e y MEMO Public Works Department TO: Mayor, City Council and City Administrator FROM: Colin G. Manson, City Engineer DATE: March 22, 2012 SUBJECT: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF BIDS FOR AV PROJECT 2011-141, EAGLE RIDGE BUSINESS PARK Attached for consideration is a resolution approving plans and specifications and setting the date for receipt of bids for the Eagle Ridge Business Park project. The need for public improvements to serve the site is addressed in the development agreement. The development agreement also indicates the improvement costs are to be fully assessed to the Eagle Ridge Business Park property. The public infrastructure serving this project consists of a street extending north from 147th Street terminating in a temporary cul-de-sac south of the Magellan Pipeline easement; pond construction; and installation of utilities to serve the site. Following is a summary of anticipated project costs and funding sources: Estimated Project Cost: Construction Cost $ 420,000 Construction Contingency $ 20,000 Eng, Legal, Admin $ 105,000 Total Estimated Cost $ 545,000 Estimated Project Funding: Assessments $ 545,000 Total Estimated Funding $ 545,000 Should City Council authorize bidding, bids would be received April 19, 2012, with award anticipated on April 26, 2012. Recommended Action: Adopt resolution approving plans and specifications and directing receipt of bids at 10:00 a.m. on April 19, 2012, for AV Project 2011-141, Eagle Ridge Business Park. CGM:jcb Attachments c: Todd Blomstrom CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2011-141, EAGLE RIDGE BUSINESS PARK WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2011-141, Eagle Ridge Business Park, copies of which are on file in the Office of the City Clerk; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The City Clerk is hereby authorized to receive sealed bids at the time and place specified in the form of notice attached hereto as Exhibit A. 2. The Clerk is authorized and directed to cause an advertisement for said bids to be published once in Apple Valley Thisweek, being the official newspaper of the City, and once in the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 22nd day of March, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:00 a.m., CST, Thursday, April 19, 2012, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: Ci#y Proiect 2011-141, Eagle Ridae Business Park 450 LF PVC Sanitary Sewer ° 1,300 LF RCP Storm Sewer 120 LF Jack RCP Storm Sewer 525 LF DIP Water Main 22,000 CY Common Excavation 1,500 TN Select Granular Borrow 500 TN CI 5 Aggregate Base 350 TN Bituminous Mixture 800 LF Concrete Curb and Gutter 3000 SF 4" Concrete Walk 4,000 SY Seeding With related items Bidders desiring Bidding Documents may purchase them by check for a non-refundable fee of $45 from the City of Apple Valley, 7100 147th Street West, Apple Valley, MN 55124. Contact Penny Stewart at (952) 953-2586 to place an order. The Bidding Documents may be seen at the office of the City Engineer, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer's Project Manager Colin Manson at (952) 953-2425. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY � 2011-141 00 11 13 - 1 € � �� I � � � -------�------ � 0 u �� I � � � .� � - � � _ ' ° p � V I ; ! � �-------� I � _ �°- ��� � �� II , �� � 0 I � � � � � � � � � � f �� ' °�~--� V I �-__�.�� � � � I � �� � � -�-��J � �_._��_�__� � �I � { S I ` � � ��� V � --�----��__---____�__� p � � �� � �-- -� { p � �-�-----� ; � � � � � � . �_�� ? � � _�� � , � � p ! � � � � � � -p I � ---�---� � � � �� ������� � �� � ��� �� �� � � � � �� , �� � ��� ;�� f � �� �, � � �., � a �►� � � � ! � � � � � �� +� ��� � � � � �_�_� �- - -� �_ � � � i h � 144TH STREET WEST 6 � � � c= � p � ��_ � — � � � _�. ��`�� .� — � . V � ► , � � � � ,��'' � � � fl I ���� � �� � � ��� � �a . � � � �, � �� �. i � � � � � ��,, ������� � , �� �� �` � � � � �� � ��� � � ��� I � i � � � < � � � � .� � � I �� �. �...�....�_____�.. ��. e..��_ _�___�. _ ____�.._ ..�._.._e� . � ����j�� � � � � � � � POND � II oc p � I� - "�.°� �� Y II � I� MAGELLAN PIPELINE �-� � f � r ••� � � U II I �` � EASEMENT� � ,.. �' ` � � 0 � �--°�""� �" � g z I I �` �":--°-�°"-` � �4-�-..� � �zl �� _ � �- I; € � � o ( �I� � �"��_�. � � : ���€ i � I �� ��..�°""° � € � � � �� � � �.-� w �� ��� ._.. � pi J � � V ��.� o II I ° z � �� � ��� � � , � � �� �f�� ._.._ � _... .... —_ — _ _ ..... .... ...... ._ _._ _ _ — _ � _ ._ ._._ __ _ � � , u �� _ .�....�_ _ �_� j .�. �„ --- � � � � � C. � I � � � �� 147TH STREEf W EST � � � � � ~ � � � � � - _ _. _.. .._ _.._ � � � _ _� � � � --- __. _._ _ � � .... _._. � � --�, ! �',� � � � � � � "°`� � h � �� �II _ � ____ �� `�` =�� . j u ll � �� � ���. II�� _ �-�_ � ( � II� ,— — -�- — =---� �� � � � II I I ; M � I li � !�_ � _ � � � � � � _�� � � ��1 ; � II I I € � � N � ���� � UPONOR � � �, � � � M II � � � � I I� � � �`�� � ' � I I li � � `� 1 � �� II; � � �y e� � � N � II� � �- --�, .____ -� ,-�, � � o�� �oo� 400�� �� � � I I; � � i� � f � � I � � Eagle Ridge Business Park ;;,� ..... .... CITY OF APPLE VALLEY FIGURE: 1 APP�e Va��ey DATE: 3/19/12 PROJECT NO. 2011-141 ��� �.N �.�. � ��. ��� City of Apple Va�ley MENio Public Works Department TO: Mayor, City Council, and City Administratar FROM: Mike Glewwe, Public Works Superintendent DATE: March 22, 2012 SUBJECT: AWARD OF CONTRACTS FOR THE 2012 SOUTH METRO CITIES JPA FOR STREET MAINTENANCE SERVICES The City of Apple Valley annually participates with neighboring communities to solicit joint bids for crack sealing and pavement markings in order to receive better pricing based on quantity and scheduling. This agreement has been a long-running, cost-effective program for the City. The City of Burnsville administers the bid for the member cities. This year the City intends to utilize the bituminous fog sealing for cul-de-sacs. On February 23, 2012, the Apple Valley City Council approved the Joint Powers Agreement. The City of Burnsville opened bids on March 12. Attached is the bid tabulation with lowest responsible bidders shaded in gray. The 2012 total estimated Apple Valley cost for crack sealing, pavement markings, and fog sealing under the JPA is $102,000. Funding is included in the 2012 Public Works Streets Division budget and Road Improvement Fund. The JPA requires each participating city to acknowledge the award of contracts. The bid results appear competitive and favorable for the proposed work within Apple Va11ey. Recommended Action: Authorize the Award of Contracts to the Lowest Responsible Bidders for the Joint Powers Agreement with the City of Burnsville for 2012 South Metro Cities JPA for Street Maintenance Services, Apple Valley Portion $102,000. MG:dsm Attachment c: Todd Blomstrom Bitl Tab � � � �. � � . � 2072 JOIN7 POWERS BID OPENING -11:00 a.m. March 72, TA72 . � . . � � CIN OP BURNSVILLE • STREET MAINTENANCE SERVICES � �� � Bttuminous Fo Seal � Seal Coatln Credc Sealin Pavement Markin Screenin Spra Patchin � Companies � -FA•2.5 FogSeal FA•2Mod7/8" FA-2Mod118" CRS-2P CRS-2 � Gal Gal Gal Ton Biddin Gal Total � CRS-2P FA-2.5 �CRS-2P CR�-2 Parkin LoK Parkin Lots TOTAL LF Total Street SYM ParkLot Tota4 re at Total Ton Total AAA Stnping Service 1a 2a� 2b 2c 2e � 2g 21 . 3e . . � � � 12220� 43rd SVeet NE � � . SL Micheel, MN 55378 ib S - 2d 2f 2h S • 3b� $ - $21.44 $100.00 $100.00 5322.153.52. $ - s _ � Phone �83-42B-0322� � � � . . � � Fax 763428-8557 � � Allletl Blacktop Company 1a $� 3.50 � 2a $ 1.37 2b $ 3.01 2c $ 126 2e $ 1.765� 2g $ 1.44 2i $ 7.35 � 3a $ 0.73 � 10503 89th Avenue NoM � � . . Maple Grove, MN 55369 tb $ 3.50 576,005.50 2d $ 0.86 2f $ 0.765 2h $ 7.04 � f 2,098,886.03 3b $ 0.77 5728,165.55 � � E • $ 1475 $9,2t8.75 S - � Phone 783-425-0575 � . . � .. . � - Fex 763-4251048 Amerjcan Pavement � :> ta � 2e 2b 2c . 2e � 2g . 2i � 3a �$ U;59 . , 9+I55 GtUber Road � � . . GtdQRBSyWIr5q30T -:.. 1b S • 2d N 2h E - 34 $Q-A2 �391,d18.1$��'.. S ' s ' S ' Phope 80Q-238�7400. ' � . Fax 930�8829655 - A8�80hCpfpkKepM' 1a $ 2.81 2a $ 1�.3p' 26 $ 2,Qf% 2C $':.1,t1 20 -� 4:98 2� ��S i.50 21+�. $�,1.4R 'f ... 3e S 0.42 � P09o�cY625 s ` �..,_� . , . , � _: � ; � i � . St. CbuQ� MN 58302� ' 1b $ 2.81 S12.fl4b.13 2d $:. q.86� 2f '$�. 4,78 2h :$ 2.30 ; ;1,896,895.95' 3b $ 0.42 f414,554.70 . S ' $ 4.9@ ¢3,1l2.3q! S - Pilane 320+383$@00 Pax 820�t18(i `8904; � FahrirerASphalt �� 1a 2a 2b 2c. ,. 2e � 2g �. ., 7� ; �� 3a S 0.88 - . � 6815 Hwy 12 West � . EauClaire, WI 54703 � 1b � 5 • . 2d 2f 2h� i - 3b $ 0.88 f868,590.80 $25.00 $118.00 $119.00 5378,302.00 5 - S - Phone 800-497-4907 ' � Fax 715-874-6717 � � � . HlghweyTechAOlogies(Mpls��:; �:, 1e � 2a 2b 2c 2e 2g � 2i � �3e i}70(i lyMale pve N. . . . . . tfiixlaap011s, MN 55Q3(i 'i tb S ' , 2d 2F � 2h � S - 3b � S • $18.9$ ���'�, $49.49 $86.43 � j288;287A9�.. f - � S - � Pho�932521-0200 ` . . � Fax 812-521-0648 � � - Peareaf 8ro5, :` : 1a $ 2i3A '� 2a $ 1.15 2b $ 1.50 2c �$ 1.15 2e �$ 1.W 2g 1:4fi 2i 1.36 3a � 7t07BLamontAve,M.E. " � - - Hanpver, MN55341?063 -' Ab $ 9�.50 ;'10,333:80�.: 2d $ 0.92 2f $ 0.84 2h $ 1.46 � � S 7,973,425.77 3b S - � i - $ 5.00 53,125.00 f - f'hale 763-479� 3B1 {622 � ` . . . Far 163-391�:882� . . RCM'Spgclelliep '> ta .. .. 2a 2b � 2c � 2e 2g 2i 3a � � # 2080 Mergo.Ave 5 . � � � . � Has6ng;,�1N6$033 �� ib S - Ztl 2f 2h .f - 3D y • i� - 5 Pt�ope 851-46,�:-$888 � � . . � $32367,'�. 555,006.90 �� EaX 63t?48G�8808 ^ � � � . 2011 Prices . $ 1.04 $ 0.89 $7.40 $ 120 t o.ao $18J0 $97.00 $ 2.47 � - � � . $ 0.79 $�0.69 � . . 1 a - Biwminaus Fog.Seal - Cul-de-Sacs � � � � , . 7 b- BiWminous Fog Seal - Trails � � � . . . 2a - Fumish 8 Insfall FA2.5(CRS-2P) . . � � . � � � . 2b - Fog Seal - FA2.5 Seal Coet � . � � 2c • Fumish 6 Install FA2 (Mod 1!8'ICRS-2P) . . � 2tl - Instell SCreened FA2 (MOd 7/8'/CR&2P) . . � , 2e - Furnish & Install fA2 (AAad il8"ICRS-?) � . � � . � � � � N - Install Screened FA2 (AAOd 1/8"/CRS-2) . � � � � � 2g - Pumish & Instail FA2 (MOd 1/8'ICRS-2P) • Parking Lots � � � . � � . . 2h - Instell Sacened FA2 (MOtl 1!8•ICRS-2P) �- Parking Lots � . . 2i - Fumisb 8 Instell FA2 (MOtl tl8"/CRS-2) - Parking Lots . . � � 3a - MNDOT 3723 - . . � � � � � 3b - MNDOT 3725 � � � � � 'Astech Seal Coating Total is corcectetl amount . � � . � � 81PmJade130121iY-303 JPA Strael MalMenance112 Bk Teb.[b � � � . . . . �+. o ... � e 2 •i s s •+�ar •r�s • City of App�e Va��ey MEMO Valleywood Golf Course 4851 — McAndrews Road Apple Valley, MN 55124 952 / 953-2323 TO: Mayor and City Council FROM: Jim Zinck, Valleywood Manager DATE: March 22, 2012 SUBJECT: Approve Lease Agreements for Rental Cars for the 2012 Golf Season I am recommending the City Council approve two 1-year lease/rental agreements with Versatile Vehicles, Inc. The first agreement is for the rental of 30 golf cars. The second agreement is for the rental of 1 refresher (concession) cart. The funding for both agreements is included in Valleywood's approved 2012 budget. Recommended Action: Motion to approve a Lease Agreement with Versatile Vehicles, Inc., for the one-year rental of 30 golf cars, in the amount of $18,000.00, and authorizing the Mayor and City Clerk to sign the same. Motion to approve a Lease Agreement with Versatile Vehicles, Inc., for the one-year rental of a refresher cart, in the amount of $2,370.00, and authorizing the Mayor and City Clerk to sign the same. cc: Randy Johnson, Director of Parks and Recreation Pamela Gackstetter, City Clerk Mike Dougherty, City Attorney Gabby Accad, Versatile Vehicles, Inc. Gayle Wright, Versatile Vehicles, Inc. LEASE AGREEMENT This Contract is to begin on the lst daV of May 2012, by and between Versatile VehiCleS InC. hereinafter referred to as the "Lessor" and City of AAAIe ValleV, dba ValleVWOOd GOIf COUrse . Hereinafter referred to as "The Club". Witnesseth: That for valuable consideration received and hereby acknowledged by each, the Lessor does grant the Club exclusive renting rights as hereinafter stipulated and it is mutually agreed that each of the respective parties to this contract will fulfill the several obligations imposed on each and that both accept the full meaning and intent if this contract, waiving resource to any specific State Rights Laws which might allow either party to evade their respective responsibilities. It is further understood that no verbal understanding not incorporated in this document is to be conceded as binding upon either but it is agreed that should it be found expedient and proper by both to alter, add, or omit any portion of this contract during its existence, that it may be altered or changed only by mutual written agreement, signed by the proper authorized officer of each respective party and that such changes do not invalidate the balance of the contract. DURATION OF CONTRACT: This contract shall be in force for a period Of �rie SeaSOII (S IriOIIthly AaYIriCIItS) from the beginning date of this contract. COMMISSION: Rental fee of $600/car/ season. Your five monthly payments of $3600 are due on the l of each month, May through September of 2012. RENTAL CONDITIONS: Lessor agrees to install: 30 Gas Powered Green E-Z-GO Golf Cars equipped with tan sun tops. Serial numbers will be provided at the time of delivery. 2. The Lessee agrees to employ a person to work at the club and perform such duties as charging/gassing, Maintaining the batteries and tire pressure, and keeping the cars clean. This person is also to be responsible for such minor maintenance work as repairing flat tires, fine tuning the engine, eta The Lessee is also responsible for servicing the cars at the end of each golfing season, which includes: greasing, oil change and installing new air filters and spark plugs using only genuine E-Z-GO parts. 3. Lessor agrees to furnish a mechanic on request to handle any major maintenance which may be required on cars. 4. Title to said vehicles shall at all times be and remain the sole exclusive properiy of the lessor. Said vehicles may not be removed from the premises of the lessee and/or the Golf course. 5. The lessee assumes responsibility for the safe housing indoors or under suitable cover for the golf cars during the night hours. Ignition keys are to be removed from cars after release by patron and at night time. The shelter shall provide enough electric outlets for the proper charging of the cars and the lessee agrees to pay all costs of his charging. 6. Lessor shall maintain and keep in effect adequate fire and extended coverage, theft and collision insurance covering the golf cars; but such coverage shall not extend to negligent operation, maintenance or storage, nor misuse of the golf cars by the Club or by individual operators sub-renting from The Club. The Lessor shall maintain public liability coverage (to include prod'uct liability coverage), but such coverage (to include product liability coverage), but such coverage shall not extend to The Club or individual operators. The Club agrees to indemnify, defend, and hold harmless Lessor, from any and all liabilities, damages, claims, actions, costs, and expenses including reasonable attorneys' fees, arising from the use of the golf car provided that the incident is not the result of a defect in the golf car caused by or attributable to the Lessor. Versatile Vehicles, Inc. shall carry fire, theft, and vandalism insurance for any damage to the golf cars in excess of $ 3,500lcar/ per incident; with the Club being responsible for up to $ 3.500/car/ per incident. 7. The Club shall also carry public liability insurance in amount acceptable to Lessor, which policy shall name the Lessor as an additionai insured. This coverage, as it relates to Lessor, sha11 pertain to an incident arising from the use of a golf car, but shali not pertain to the Lessor if the incident is the result of a defect in the golf car caused by or attributable to the Lessor. This insurance shall be primary insurance and any other insurance covering the Lessor shall be secondary and excess of the policy. 8. Use of the golf cars by Lessee, its employees, invitees or agents for the purpose of carrying refreshments, picking up balls from driving ranges, performing duties as rangers or marshals, maintenance, transportation between residences and golf courses, parades, any use on public thoroughfares or any use other than rental while playing golf is strictly prohibited without approval from the Lessor and any insurance coverage provided herein does not apply to these unauthorized uses of the golf cars without such approval. 9. Any acts of vandalism to the rental vehicle shall be reported in writing, to the Lessor upon discovery, together with any Names and/or evidence that would lead to the apprehension of the vandals or that would aid in filling an insurance claim. Property damage, fire, theft, and injuries resulting from the use of the vehicles shall be reported in the same manner. 10. The L,essee; by the authority of this contract, agrees to collect and pay all amusement , sales or other taaces payable under the laws governing the Lessee's particular location and hereby waives any responsibility of Lessor to do such. 11. Lessor sha11 have the right to withdraw any cars at anytime for maintenance, inadequate revenue, or any reasons and abuses beyond normai wear and tear. 12. Lessor shall have the right to withdraw cars for default, non-payment, insolvency, or banlauptcy, whereupon the Lessor can enter the premises of the Lessee to take possession. The Lessee shalt not be relieved of liability of past-due payments in the event of such circumstances. 13. Lessor shall have the right to assign this contract. 14. Normal wear on golf cars will be expected, but abuse to cars will be the responsibility of Lessee. SPECIAL SERVICE AGREEMENT: None PURCHASE OPTION: None In WITNESS WHEREOF the parties hereto, authorized their proper officers to execute this agreement, on the day and year first above written. This agreement is subject to approval by the VERSATILE VEHICLES INC. and is not valid without said approvals. In the Presence of: VERSATIL + VEHICLES INC. Lessor BY: �!—� �.�'`' r � AND: � 1� . W_� ' � Address: 5345 West 125 ST. Savage, MN 55378 In the Presence of: City of Apple Vailey,d/b/a VALLEI'WOOD GOLF COURSE. Lessee BY: Mary Hamman-Roland, Mayor of Apple Valley AND: Pamela J. Gackstet�er, City Clerk Address: 7100147`� Street West Apple Valley, MN 55124 LEASE AGREEMENT This Contract is to begin on the lst day of MaV 2012, by and between Vei'Satile VChiCIeS IIIC. hereinafter referred to as the "Lessor" and CitV of AAUIe Va11eV, dba ValleVWOOd Golf Course . Hereinafter refened to as "The Club". Witnesseth: That far valuable consideration received and hereby acknowledged by each, the Lessor does grant the Club exciusive renting rights as hereinafter stipulated and it is mutually agreed that each of the respective parties to this contract will fulfill the several obligations imposed on each and that both accept the full meaning and intent if this contract, waiving resource to any specific State Rights Laws which might allow either party to evade their respective responsibilities. It is further understood that no verbai understanding not incorporated in this document is to be conceded as binding upon either but it is agreed that should it be found expedient and proper by both to alter, add, or omit any portion of this contract during its existence, that it may be altered or changed only by mutual written agreement, signed by the proper authorized officer of each respective party and that such changes do not invalidate the batance of the contract. DURATION OF CONTRACT: This contract shall be in force for a period Of �ne SeaSOri (5 IIlOnthlV AaYments)_from the beginning date of this contract. COMMISSION: Rental fee of $2370/car/season plus tax. Your five monthly payments of $506.59 are due on the l of each month, May through September of 2012. RENTAL CONDITIONS: Lessor agrees to install: 1 Gas E-Z-GO Refresher Cart. Serial number will be provided at the time of delivery. 2. The Lessee agrees to employ a person to work at the club and perform such duties as charging/gassing, Maintaining the batteries and rire pressure, and keeping the cars clean. This person is also to be responsible for such minor maintenance work as repairing flat tires, fine tuning the engine, etc. The Lessee is also responsible for servicing the cars at the end of each galfing season, which includes: greasing, oil change and instailing new air filters and spark plugs using only genuine E-Z-GO parts. 3. Lessor agrees to furnish a mechanic on request to handle any major maintenance which may be required on cars. 4. Title to said vehicies shall at all times be and remain the sole exclusive property of the lessor. Said vehicles may not be removed from the premises of the lessee and/or the Golf course. 5. The lessee assumes responsibility for the safe housing indoors or under suitable cover for the golf cars during the night hours. Ignition keys are to be removed from cars after release by patron and at night time. The shelter shall provide enough electric outlets for the proper charging of the cars and the lessee agrees to pay all costs of his charging. 6. Lessor shall maintain and keep in effect adequate fire and extended coverage, theft and collision insurance covering the golf cars; but such coverage shall not extend to negligent operarion, maintenance or storage, nor misuse of the golf cars by the Club or by individual operators sub-renting from The Club. The Lessor shall maintain public liability coverage (to inciude product liability coverage), but such coverage (to include product liability coverage), but such coverage shall not extend to The Club or individual operators. The Club agrees to indemnify, defend, and hold harmless Lessor, from any and all liabilities, damages, claims, acrions, costs, and expenses including reasonable attorneys' fees, arising from the use of the golf car provided that the incident is not the result of a defect in the golf car caused by or attributable to the Lessor. Versatile Vehicles, Inc. shall carry fire, theft, and vandalism insurance for any damage to the golf cars in excess of$ 8000/car per incident; with the Club being responsible for up to $ 8000/car per incident. "7. The Club shall also carry public liability insurance in amount acceptable to Lessor, which policy shall name the Lessor as an addirional insured. This coverage, as it relates to Lessor, sha11 pertain to an incident arising from the use of a golf car, but shall not pertain to the Lessor if the incident is the result of a defect in the golf car caused by or attributa.ble to the Lessor. This insurance shall be primary insurance and any other insurance covering the Lessor shall be secondary and excess of the policy. ' 8. Use of the golf cars by Lessee, its employees, invitees or agents for the purpose of carrying refreshments, picking up balls from driving ranges, performing duries as rangers or marshals, maintenance, transportation between residences and golf courses, parades, any use on public thoroughfares or any use other than rental while playing golf is stricdy prohibited without approval from the Lessor and any insurance coverage provided herein does not apply to these unauthorized uses of the golf cars without such approvaL 9. Any acts of vandalism to the rental vehicle shall be reported in writing, to the Lessor upon discovery, together with any Names and/or evidence that would lead to the apprehension of the vandals or that would aid in filling an insurance claim. Property damage, fire, theft, and injuries resulting from the use of the vehicles shall be reported in the same manner. 10. The Lessee, by the authority of this contract, agrees to collect and pay a11 amusement , sales or other taxes payable under the laws governing the Lessee's particular location and hereby waives any responsibility of Lessor to do such. 11. Lessor sha11 have the right to withdraw any cars at anytime for maintenance, inadequate revenue, or any reasons and abuses beyond normal wear and tear. 12. Lessor shall have the right to withdraw cars for default, non-payment, insolvency, or banlavptcy, whereupon the Lessor can enter the premises of the Lessee to take possession. The Lessee shall not be relieved of liability of past-due payments in the event of such circuxnstances. 13. Lessor shall have the right to assign this contract. 14. Normal wear on golf cars will be expected, but abuse to cars wiil be the responsibility of Lessee. SPECIAL SERVICE AGREEMENT: None PURCHASE OPTION: None In WITNESS WHEREOF the parties hereto, authorized their proper officers to execute this agreement, on the day and year first above written. This agreement is subject to approval by the VERSATILE VEffiCLES INC. and is not valid without said approvals. In the Presence of: VERSATILE VEHICLES INC. Lessor BY: AND: .J'�1 CJ 1,�� 1�� � t ' Address: 5345 West 125 ST. ' Savage, MN 55378 In the Presence of: City of Apple Valley,d/b/a VALLEYWOOD GOLF COUR5E. Lessee BY: Mary Hamman-Roland, Mayor of Apple Valley AND: ' Pamela J. Gackst�ter, City Clerk Address 7100147� Street West Apple Valley, MN 55124 �. P. 1 ��� ���. ����� �.W� ��� . City of Apple Val�ey MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Michael Glewwe, Public Works Superintendent � l� DATE: March 22, 2012 SUBJECT: AGREEMENT FOR AV PROJECT 2012-121, 2012 SEALING OF DECORATIVE CONCRETE AND BLOCK RETAINING WALLS On March 1, 2012, City staff solicited quotations from four companies for sealing decorative concrete and block retaining walls at various locations throughout the City. The results of this quote process are provided below. Companv Name Total Quotation Budget Sandblasting & Painting, Inc. $6,340 Schoenfelder Painting No Quote Received Sparkle Wash No Quote Received Top Coat Painting Service No Quote Received Attached is the proposed agreement between the City of Apple Valley and Budget Sandblasting and Painting, Inc. for concrete sealing services far 2012. Budget Sandblasting and Painting, Inc. submitted the low quote and has successfully provided this service for the City in the past. Funding for this project will come from the 2012 operating budget for the Public Works Street Division. Recommended Action: Approve Agreement with Budget Sandblasting and Painting, Inc., for AV Project 2012-121, 2012 Sealing of Decorative Concrete and Block Retaining Walls in the amount of $6,340. MG:dsm Attachments c: Todd Blomstrom AGREEMENT FORM 2012 Sealing of Decorative Concrete and Block Retaining Walls AV Project 2012-121 CITY OF APPLE VALLEY, MINNESOTA This Construction Agreement ("Agreement") is made this 22nd day of March, 2012, by and between Budget Sandblasting & Painting, Inc., (hereinafter called the "CONTRACTOR"), and the City of Apple Valley, Minnesota (hereinafter called the "OWNER"); WITNESSETH, that the OWNER and the CONTRACTOR, for the consideration hereinafter stated, agree as follows: 1. SERVICES TO BE PERFORMED . The Contractor hereby covenants and agrees to perform and execute all the provisions of the Contract Documents prepared by the Owner dated March 1, 2012, and made a part of this Agreement by reference, for the following improvement(s): 2012 Sealing of Decorative Concrete and Block Retaining Walls (the "Work") The CONTRACTOR shall do everything required of this Agreement and the Contract Documents, and all Work shall be done in the best and workmanlike manner. The CONTRACTOR shall make good, replace, and renew at its own cost and expense any loss or damage to said Work and adjacent properties and facilities during the performance of the Work or prior to the final acceptance thereof by the OWNER, and shall be wholly responsible for the performance and completion of such Work. 2. COMPLETION DATE The CONTRACTOR shall commence Work under this Contract within ten (10) calendar days after issuance of written Notice of Award and shall complete the Work in accordance with Special Provisions to the General Conditions. The CONTRACTOR shall notify the ENGINEER in writing of any and all causes of delay of such Work or any part thereof, within three (3) days of the beginning of such delay. 3. CHANGE ORDERS Any changes to the work specified by this Agreement shall be made in writing and signed by both parties. Only the Engineer will have the authority to initiate any change orders which must be submitted to the City Council for approval. No payment will be made for any claim for additional charges not processed in this manner. A-1 4. PAYMENT The OWNER shall pay the CONTRACTOR for the performance of this Agreement according to the Proposal Form, attached hereto, listing the schedule of approximate quantities and unit prices as set out in the Proposal Form of the Contract Documents submitted by the CONTRACTOR on March 15, 2012, the aggregate of which is estimated to be $6,340. 5. INSURANCE This agreement shall be in full force and effect after execution hereof upon the filing and acceptance of the insurance documents as required in the Contract Documents. Said insurance documents shall be issued in accordance with the provisions of Section 4 of the General Conditions, thereby assuring that the City of Apple VaYley has been named as an additional insured party on all such policies or has been provided separate insurance policies of the kind and amount stated therein. 6. INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the City and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Agreement by the Contractor, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss. 7. CONTRACTOR' S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: CONTRACTOR has examined and carefully studied the Contract Documents; CONTRACTOR has visited the Project and become familiar with and is satisfied as to the general, local, and Project conditions that may affect cost, progress, and performance of the Work; CONTRACTOR is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work; and the CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents. A-2 8. CONTRACT DOCUMENTS The Contract Documents shall consist of the following component parts: A. The Contract (this Agreement) B. Information for Bidders C. General Conditions D. Special Provisions E. Technical Specifications F. Proposal Form G. Certificate of Insurance H. Addendum (s) I. Notice of Award J. Change Orders K. Field Orders This Agreement, together with the documents hereinabove mentioned, form the Contract for the Work. 9. WHOLE AGREEMENT This Agreement embodies the entire agreement between the PARTIES including all prior understanding and agreements and may not be modified except in writing signed by all the PARTIES. . A-3 EXECUTED as of the day and year written below. CITY OF APPLE VALLEY Date By Mary Hamann-Roland, Mayor Date And Pamela J. Gackstetter, City Clerk -------------------------------------------------------------------- -------------------------------------------------------------------- BUDGET SANDBLASTING & PAINTING, INC. Date By Date And STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2012, by and , the and of , a [corporation/partnership], on behalf of the [corporation/partnership]. (Notarial Seal) Notary Public A-4 PROPOSAL 2012 SEALING OF DECORATIVE CONCRETE AND BLOCK RETAINING WALLS AV PROJECT 2012-121 CITY OF APPLE VALLEY, MINNESOTA To the City of Apple Va11ey: The undersigned, having studied the specifications, dated March 1, 2012, being familiar with local conditions, having made the field inspections and investigations deemed necessary, and being farniliar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment, and all else necessary to cornplete AV Project 2012-121, 2012 Sealing of Decorative Concrete and Block Retaining Walls. The undersigned Proposer understands the quantities of Work as shown herein are subject to increase or decrease, and proposes to do the Work whether the quantities are increased or decreased at the unit price stated in the following schedule of prices. The unit price as quoted shall constitute compensation in full for the respective items. No. Item Unit Est. Unit Total Quantity Price Price 1 Decorative Concrete SF 20,000 $_ r�;L $ I��f'�, �"�� Z Block Retaining Walls SF 40,000 $ : n f,� $ �� � Total Quotation $ ,� .�� �� � In submitting this quote it is understood the City retains the right to reject any and all quotes and to waive irregularities and informalities therein and to award the agreement in the best interest of the City. P-1 In submitting this quote it is understood that payment will be by check. Date �l� ���� s� Respectfully submitted, �C����� %� ��O c' �fd.�/fd+. .. �! G,� Name of Pariy Submitting Bid '� �� c Signed By ` � � �r N..s�°�y s Title _,��'�� f /�� �� t Printed Name of Signer ��� � �- o^ �:✓''��„ � Address .�,��.�'�'' �/� ��`���,� -����-�� City, State & Zip Code � E;�",�- f...� � �- �9�'�, Telephone Number ��� r �� �'� �`"� s Cell Phone Number _ ����� � . � �� �-� FAX Number �..� � �./i`'.�'_,�/�',� �� .�ri Email Address P-2 . «�� ��:m ���� �k. . 2 .,�. City of AppVa��ey MEMO Public WorksDepartment TO: Mayor, City Council, and City Administratar FROM: Colin G. Manson, City Engineer DATE: March 22, 2012 SUBJECT: PROPERTY ACQUISITION AND ASSESSMENT AGREEMENT, OUTLOT C, FISCHER MARKET PLACE Attached for consideration is an agreement with Fischer Market Place, LLP, for the acquisition of property that will act as permanent right of way and temporary construction easement necessary for the extension of Flagstaff Avenue. The subject property is Outlot C, Fischer Market Place. This property is a sliver of land located between Flagstaff Avenue and the Magellan property stretching from just north of CSAH 42 to south of the 145th Street alignment. Acquiring the property provides the necessary land to construct the Flagstaff Avenue extension from 147th Street to 140th Street. It also provides land area to house potential future signal infrastructure at the intersection of 147th Street and Flagstaff Avenue. The acquisition will also allow for the future installation of the missing segment of 8 foot bituminous trail on the east side of Flagstaff Avenue from 147th Street to CSAH 42. The agreement transfers ownership of the property to the City of Apple Valley. The outlot consists of approximately 3.96 acres. The property would be acquired at no cost with the understanding that no special assessment is to be levied on Outlot B, Fischer Market Place, for the extension of Flagstaff Avenue and 147th Street West. A figure drawing identifying the parcels in question is attached. Recommended Action: Approve Agreement with Fischer Market Place, LLP, for the Acquisition of Outlot C, Fischer Market Place. CGM:jcb Attachment c: Todd Blomstrom � � � �� �� � j ; � � � ��� � � � � �._ { �.� � � �� t 7 i @ � � � � ` �� � �� E � � � �����. . � ,���� � � � —_ i�u ti �, ,= �' �iP��ao�(��ok� � �i i � .—� E a = � �� w �s . i� _ � _ --___--_� i ir — _ � Pi i � __�!" � � ,�� � �� �,�;G �� ` ...'M �Ip i i,�� ����� ����� ' � �' � �� � ° "��� � d�� �i � �,." _ :�Up��"� �r� i� �, ti � � ����F�� � �>> '� 1 �° ,...—°" � � � �- �� i�� it� ��w� �� �° tNn��'� ��i �—" .�-� �__ �,>. � � [ �`" �� � � � ; �� i� � � ��—� � ` ^' � � � � � � � ,� p V.� �—�`""w.�'"`"�� � � 4 .�� fi � � ��, � � � , ��� � ��a, . � �:--�"���� � ���� �� � t� � � � �� ��— � � —„ � ��� OUTLOT C � I ; � , � � � � � � ��� � � �� � � � � � T � T � ( � � � � I � < � � � rn �'� � � ` � �m � � � [ � , _�4 � � � � f����� � � � ��. � � u € � ��""� � � � � � i t L . �..�..._�._ ..............d .,�.._ k �- � € � � � ___ _ _ —. � _ SAH 42 ------..�—__.. , �.. �. _ � � —.--� — I � -�— � � � �� 3 � i F I ; � � ¢ I = E � � � � � � ���..� � a �.._���� € ? �� � � � ' � � � � {� � � � � N i � ( � �.�� , � �� � � � € � � � ' � � � � � � i i i � � ; � � ` � _ � ; � 0 400' 800' � � I � _ � � � � � � � � ' � i ; � € � ' � � � ...� �°`°�-- � �- � Fischer Market Place ... : :.•. .... ... CITY OF APPLE VALLEY FIGURE: 1 �Va��ey DATE: 3/14/12 PROJECT NO. 2011-105 ,� � 1'RQPERTY ACQUISITIflN ANll ASSE�SMI+:N'�' AG12�EM�NT � � TT-�IS �'ROP�RTY ACQLTISITTON �1ND ASSrSSMENT AG]2EElVIENT {"AgreemenY') ; is niade and entey�ecl into ti�is � day of � , 2012, by and between FISCI�ER • i MARKET PLACE, LLP, a Mii�nesata limited liab'rlity partnership �ereinafter the "Landovsmer") { and GITY OF AF1'L� VAI.LEY, a Minnesota r►�tu7icipal corporatian (hereinafkex• the "City"). � {The Landowner and the City shall col3ectively Ue refer�ed to herein as the "Pai�ties"}, � WH�RL�1S, Lar�downer is the owner of certain property located in the City of Applc i � Valley, County af Dakota, State of Minnesota and le�ally described as Outlot B, Fischer Market � Place; and Ol�tlot C, Fiseher Market Place (collectively the "Pro}�erty"�; and ; WH�RE�S, as part af Public Improvement Project No_ 2011-105, thc City intends ta . const�uct the extension of �'lagstaffi Avenue from 147 Stceet to 1�}5� Slreet (hereina�I�:er thc; - "Project"); and . W�I1:RrAS, in conneciion wi�h the l'�•oject, the City desires ta acquire certain property av�rned by Landowner and is also considcrin� a special assessrnenY against ofher propet-ty owned by Landawner; and NOW, THERLFOI'.�, in considez�tioi� of the foregoirrg and other good and valuable c�nsideration, the receipt �i�d sufficiency of which is Yiereby aelalowledged, the T�arties agree as follows: l. CONVEYANCE C?F PROPERTY. Cantemporaneously with the execution af tl�is Agreement, Landowner shall execute and delivcr to ihe City tl�at certain warranty deecl ai:tached hereto �ts lsxhibit "A" cc�nveying fee t'rtle to Outlot C, i'ischer Markct �'iacc, free and cl�;ar of any liens. The City agrees to be res�onsible for ihe , paymeni of any reaJ estate taxes due and payable in calcnci�r year 2012 and dlereafter. 2. AI3SENCL OF ST'�CIAL FISSESSMENTS. In consideration af the conveyance of tl�e P1•operty described above, Che City agrccs that it will not specially assess Outlol B, T'ischer Malket Place for the constructiQn costs for fhe Projecl:. This inures ta tlze benc�t of any successors in interest to Outloi 8, I�isel�er iVIaxlcat Ptace. � J � ! 1 [ � � 1�ISCHER MAR.KI:'�' �'LACE, LLI', ; a Minnesota limited liability partnership E By: I'W� Investments, LP, a Mirulesota lirnited ; partnership, its General Pa.rtner � ,� (�1�+��.., � i By: � Peter Fischer ! Tts: M�naging Member ! � ; STAT�' Ur MnJN]1SOTA ) ) ss. COrJNTY OI� DAI�01'A ) `llie faregoix�g instruinent was acicnowledged befoze ime this �� day of March, 2012, by Peter Fischer, ihe Managing Member of I'WF Investments, LP, a Minnesota lir�lited partnership, tihe General Partner of T'��CH1�R NIAI{KET PLACE, LLl', a Nlinnesota limited liability partnership, on behalf c��'the limited liability }�artnership. �� ' No ry Aublic �3U�ITH A. GOVERN ' , ^` � NOTARY PUBLIC - AflINNESO'fA .r�:-= My Commission Expires Jarr. 3t, 20�5 . ; MMR: 48�}3-D�}61 �20G, v. l . � � . . � i i i ; .; � (Top 3 inches res�t� �ot t�cotding data} ! i WARRANTY DEED i • Susiness �ntify to Buslnass Entify TOTAI. CDNSi�ERA71�N FOR THE TRAh1SF�R OF FH1S F'ROP�R�'Y lS I.�SS THAt1$50Q,00, i !?EEE3 TAX BUE: 39.65 DA7�: -P �a� �,, 249 � � FOR VALUAB�.E CON5ID�RA710iJ, FISCNER MARKET PLACE, LLP, a iimited liablliiy pattneCShip under the laws o# Minnesofa {"GranE��'), horeby conveys and warxants to the CITY OF AAPL� VALLEY, a municipa! corporaUan under �e i�ws of Minnesafa ("Grar�fee°), raal properiy in Dakofa County, Minnesota, lega4y descri�ed as foflaws; Outlat C, F15CH�fi I�RRKEf P41C�, Dalcota Counfy, Mirin�ota. Check haro it a!t arpart of tbe descrlbetl rea! pro�dy is Reg+stered (Torrens) ❑ together �vifh ali heredifaments and appu[tenances be{anging the�eto, subJect fo t}te follav�ing excep�ons: Nnne. f'zarcet Identif�caflon hlumber: 01-26900-00�0�0 Check appficable bvx: Grantor Q� The Sal[�r certifies that the S�ler doas nof knov�r of any v�ells on the described real properly. FIBCHER MA PLACE, LLP , ❑ A weU discfasure ce�i�icate accampanies fhls documanior has ; bee�i oiec#ronicaily flled. {If electronicalfy fl4ed, insert WDC �, �� number; ) �y� ❑ I am famlfia� with the praperfy described in fhis instrument asxi Peter Fischer : I ce�ify �ai the status and number of weAs on th� described Its: GeneraE Parbter . real proper�y have not changed since the last pretiously filed well disdosu�e csrtificafa. �CS-1019 Paga'f of2 b � v ^ • O � � � i ' Page 2 of 2 . ' 1NARRANTY dEED State oF N{innesoha, County of Dakufa This instrurnenf was �c:knowled ad before me on Februar � 9 y �' � 2092, by Peter Fischer as G�era� Aarfner of FISCNER MARKET PLAC�, LLP, a lirrtltetl �abUity partnership und$r !he laws of Minnesota, on behalf of the limited Ilabi[ity partnership. I ����} �'• .r���� JU�lTH A. GC3VERN rme�,�� �»r�r�w�r� ; -- ._ NOTARy pUBUG - MINNE50TA TilEe (antl Raok): � .r�;µ � My Commission Expites Jan. 31. 2D15 j • My comm#sslon ezpltes: 1� /� I lr�Nde}dyuarJ i ; � THIS If�STRUNEN'C WAS DRAFTED BY: 7kX STA'CEMENTS �OR THE REAL pR�PCRTY DESCRIBEp fN THIS 1NSTRUA�N1' SHOUID 4E SENT T0: ; Doughe�€y, MoEenda, Solfesl, Mills & Bauer P.A. C�y of Apple Valley . 7304 Nlest 147� Street, Sulte 6Q4 Ai�n,: City Cferk . Apple Va11ey, �1A! 55924 71p0 Wasi 147!^ SG�eol . (952} A32-3435 Applo Vallay, Mlnnesaia 55124 � KJ� 0466-11273 ' ... (..,� � :««.: 1 • 1 • � .«»� c�ty of apple �� V S� t� Va��ey MEMO Public Works Department TO: Mayor, City Council and City Administrator FROM: Colin G. Manson, City Engineer DATE: March 22, 2012 SUBJECT: AGREEMENT FOR AV PROJECT 2012-116, VALLEYWOOD CLUBHOUSE SANITARY GRINDER STATIONS On February 27, 2012, the City solicited quotations from five companies for the Valleywood Clubhouse sanitary sewer grinder station installation work. Quotes were received from five contractors on March 15, 2012. The result of this quotation process is provided below. Companv Name Total Quotation Brenteson Companies, Inc. $57,582.50 Gartzke Construction Inc. $51,525.00 Kevin Casey LLC $67,363.00 Krueger Excavating $54,682.00 Parrott Contracting, Inc. $80,286.00 The low quote compares favorably to the engineer's estimate of $84,000. The following budget has been developed for the project based on the low quote received: Expenses: Construction $ 51,525 Admin, Engineering, Legal, Testing $ 9,000 Construction Contingency $ 4,000 Total Est. Cost $ 64,525 Fundin�: Assessment to Valleywood Golf Course $ 64,525 Total Est. Funding $ 64,525 Should City Council award the contract, it is anticipated work will begin in May. Work is specified to be complete by late May. Recomxnended Action: Approve Agreement with Gartzke Construction, Inc., for AV Project 2012-llb, Valleywood Clubhouse Sanitary Grinder Stations, in the Amount of $51,525.00. CGM:jcb Attachment c: Todd Blomstrom AGREEMENT FORM VALLEYWOOD CL UBHOUSE SANITARY GRINDER STATIONS 2012-116 CITY OF APPLE VALLEY, MINNESOTA This Construction Agreement ("Agreement") is made this 22nd day of March, 2012, by and between Gartzke Constructin, Inc., (hereinafter called the "CONTRACTOR"), and the City of Apple Valley, a Minnesota municipal corporation (hereinafter called the "OWNER") (Owner and Contractor are hereinafter called the "PARTIES"); ' WITNESSETH, that the OWNER and the CONTRACTOR, for the consideration hereinafter stated, agree as follows: 1. SERVICES TO BE PERFORMED The CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Contract Documents (identified in Section 8 of this Agreement) prepared by the Owner dated February 23, 2012, and made a part of this Agreement by reference, for the following improvement(s): VALLEYWOOD CLUBHOI7SE SANITARY GRINDER STATIONS 2012-116 The CONTRACTOR shall do everything required of this Agreement and the Contract Documents. The CONTRACTOR shall make good, replace, and renew at its own cost and expense any loss or damage to said Work and adjacent properties and facilities during the performance of the Work or prior to the final acceptance thereof by the OWNER, and shall be wholly responsible for the performance and completion of such Work. 2. COMPLETION DATE The CONTRACTOR shall commence Work under this Agreement within ten (10) calendar days after issuance of written Notice to Proceed and shall complete the Work in accordance with Special Provisions to the General Conditions of the Contract Documents. The CONTRACTOR shall notify the ENGINEER in writing of any and all causes of delay of such Work or any part thereof, within three (3) days of the beginning of such delay. 3. CHANGE ORDERS Any changes to the Work specified by this Agreement shall be made in writing and signed by the PARTIES. Only the Engineer will have the authority to initiate any change orders which must be submitted to the City Council for approval. No payment will be made for any claim for additional charges not processed in this manner. A-1 4. PAYMENT The OWNER shall pay the CONTRACTOR for the performance of this Agreement according to the Proposal Form, attached hereto, listing the schedule of approximate quantities and unit prices as set out in the Proposal Form of the Contract Documents submitted by the CONTRACTOR on March 15, 2012, the aggregate of which is estimated to be $ 51,525.00. 5. 1NSURANCE, PERFORMANCE BOND AND PAYMENT BOND This Agreement shall be in full force and effect after execution hereof upon the filing and acceptance of the insurance documents and the performance and payment bonds as required in the Contract Documents. Said insurance documents shall be issued in accordance with the provisions of Section 4 of the General Conditions, thereby assuring that the OWNER has been named as an additional insured party on all such policies or has been provided separate insurance policies of the kind and amount stated therein. The performance bond shall be enforceable by both the OWNER and any other municipality wherein any part of this Work may be performed. 6. INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the OWNER and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of ar resulting from the assertion against them af any claims, debts or obligations in consequence of the performance of this Agreement by the CONTRACTOR, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. CONTRACTOR shall comply with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss. 7. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: CONTRACTOR has examined and carefully studied the Contract Documents; CONTRACTOR has visited the Project identified in the Contract Documents and become familiar with and is satisfied as to the general, local, and Project conditions that may affect cost, progress, and performance of the Work; CONTRACTOR is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work; and the CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work in accordance with the other terms and conditions of the Contract Documents. A-2 8. CONTRACT DOCUMENTS The Contract Documents shall consist of the following component parts: A. The Contract (this Agreement) B. Information for Bidders C. General Conditions D. Special Provisions E. Technical Specifications F. Proposal Form G. Payment Bond H. Performance Bond I. Certificate of Insurance J. Addendum (s) K. Notice of Award L. Notice to Proceed M. Change Orders N. Field Orders O. Drawings This Agreement, together with the documents hereinabove mentioned, form the Contract for the Work. 8. WHOLE AGREEMENT This Agreement embodies the entire agreement between the PARTIES including all prior understanding and agreements and may not be modified except in writing signed by all the PARTIES. EXECUTED as of the day and year written below. A-3 CITY OF APPLE VALLEY Date By Mary Hamann-Roland, Mayor Date And Pamela J. Gackstetter, City Clerk GARTZKE CONSTRUCTION,INC. Date By Date And STATE OF ) ) SS. COUNTY OF ) On this day of , 2012, before me personally appeared and , to me known who, being by me duly sworn, did say that they are respectively the and of , that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said officers acknowledged the instrument to be the free act and deed of said corporation. (Notarial Seal) Notary Public A-4 Mar 1512 08;43a Gartzke 651437870 p.2 $IDDER: ll��x�''}�r� �`�Si �4i��c'?l�/ ����/• PROPOSAL FaRM - 8ID COPY _ C�TS� OF .4pPLE VALLEY " - .. .. VA:LLE�Y{�UD CLUl1HOI1SE SAMTARYSAIVITARY GRL'VDER S2'ATIONS . � � �. ' . -� - 2012-IX6 _ _- - � � - --- . _,� .,. To ths City of Apple VaUey: - _ .___- _ 'The ut�dersi�t►ed, having studied the Cc�ntract D�ocumen�fs, being familiar with lfleal c�nditions, havvir►g macle the field insge�ctions . and in�estigatiions deemed necessary, and beine familiar v� ith aIl factor� and ather conditios�s affecting the work and cost theraof, hereby propase� w fumish all laf�ar, tools, maLerials, skitis, equipment, and s.i1 else neCessary to comglete Proje�ct 201Z°116, _ '�rallay�vood Gubhouse Sanitary Crinder Stations. The undersigned has examined axtd �arefiilly studie�3. the following Addenda, �eciept of which is hereby acknowledged: Adden�3urn No. Addendu Date The undersigned Bidder unde�tands the yuantities af Work as shown herein are subject to'ncrease or decreas�, and }�rapose� ro da the Lt� ork whzther ihe c{uarttitizs are increased or dec�'eased at the tu+it price stated in the fallos�iim� schedu3e of prices. The uni# ptice as bid shal! constitute eompensation in �ul� for the respective items. Est � I� Unit Quanfity IInit 1'rice Total Price RART 1- SAfdff'ARY CRlWDER ST,AT1dNS fs 1 $ �� t� �1 J $ 1�� V 1 MOBILIZA7lON 1 $ � f�.`� ��� 2 TRAFFIC CO{V"fROL � . . Y 3 2" Ii�pE SDR-11'fRENtHED �F so s ��"� s._ t�50- r 4 FtJRPtISH AND iNSTALt HANDHOLE � 1 $ ' lj $ 1 (�' ✓ FUR{1tL5l AND EPISTALL E-ONE Dl-i502-16a CiR1f�lDER � x $ r' 3� „J $ G. � I A S STA'i'tON {INCL AlLELECTRICAL) FURNISH AND IiVSTALL E-0NE DH071-129 GRINDER � �� � 1� �• �' 6 STATION [INCL RLL E1�CTRICALJ IS 1 $ E 1�"� . � ,/' 7 CONNECTTO E3U5T1NG 4" PVC SA�liTAAY SEWER � � s .�.�"d � $ � �b• _ g 4" PVC SAPIITARY SE'NER SERVICE LF 285 $..�-.--1-�--- $-- 9 4"-450EGREE SENO EA 3 ��� ��- 1d 4" PVC PLUG EA � S_...-...�— $- f ' f �� � u 1 $ � �, ,/ $ _ ���, "�-� il ABANDON A PVC Page 1 r �G� � � gI y�'� Mar151208:43a Gartzke 651437870 p.3 i��t. ND. �tClll U1tAI: �u�ndly U�i�t Price '1'ota,l Prioe 1� C�RFCONNECf�`PVCTOEXfSTINGMH CA 2 $.� ��`' $ ,—�-�� � 13 B10-RQLL LF 100 $ _ � - S! S — /�" � � , T4 SILTPEEiCE lf 1t1Q $ �•} $ ,� f �� f . 15 TQPSDIL �fIMPOST f�IXTUitE (I.� ty 35 $ � ��- � $ �� ✓ � 9.� � r 16 SEED, FER�fLIZER, fN015TURE PELLETS, BEANKET SY 300 $ +�' '� $� TpTAL PART 1- SAMTARY GR�1tQER STATtONS $��'�� - � Page 2 Mar 15 i 2 08:44a Gartzke 651437870 p.4 �n submitxin� thi�s bid it is understood the C?wner retains the right tv rcjcct any and all bids an$ to waive i�regularities and info�nalities tl�er�in and to award fihe co�xtract i�1 the best i�nte�est of the Cifiy. In submitting this bid, it is understood that payment wi{I be by check. � Date ��f � � � �i Respectfully submit�ed, � ,� i ��t��,� ��r��� ���i��r� t.�.usl i;�G, Mame of Party Submitting Bid {Print} Signed y � � � _ ��������� -�- �~ _ Title ' -� _' �?� U�;�.i ��.� � ��L'� _ - -. - Printed Name �1�`� �11�� I.��� ��. Address 1�1�1�`•� � ��/cS � �'✓ � � �� City, 5tate, and Z�p Code ��.� ` � `� � ' � f � � Te4epF+o�e IVuml3er ��, �-. P. �-1 ���� ����� ���� �d.. City of AppValle y MEMO Public Works Department TO: Mayor, City Council and City Administratar FROM: Colin G. Manson, City Engineer DATE: March 22, 2012 SUBJECT: AGREEMENT FOR AV PROJECT 2011-145, VALLEYWOOD CLUBHOUSE SANITARY SEWER EXTENSION On February 27, 2012, the City solicited quotations from three companies for the Valleywood Clubhouse sanitary sewer extension work. Quotes were received on March 15, 2012. The result of this quotation process is provided below. Company Name Total Quotation Underground Piercing, Inc. $75,353.15 MasTec No Quote NPL No Quote The low quote compares favorably to the engineer's estimate of $93,305. The following budget has been developed for the project based on the low quote received: Expenses: Construction $ 75,353 Admin, Engineering, Legal, Testing $ 10,000 Construction Contingency $ 5,000 Total Est. Cost $ 90,353 Fundin�: Assessment to Valleywood Golf Course $ 90,353 Total Est. Funding $ 90,353 Should City Council award the contract, it is anticipated work will begin in April. Work is specified to be complete by early May. Recommended Action: Approve Agreement with Underground Piercing, Inc., for AV Project 2011-145, Valleywood Clubhouse Sanitary Sewer Extension, in the Amount of $75,353.15. CGM:cIg Attachment c: Todd Blomstrom AGREEMENT FORM VALLEYWOOD CLUBHOUSE SANITARYSEWER EXTENSION 2011-145 CITY OF APPLE VALLEY, MINNESOTA This Construction Agreement ("Agreement") is made this 22nd day of March, 2012, by and between Underground Piercing, Inc., (hereinafter called the "CONTRACTOR"), and the City of Apple Valley, a Minnesota municipal corporation (hereinafter called the "OWNER") (Owner and Contractor are hereinafter called the "PARTIES"); WITNESSETH, that the OWNER and the CONTRACTOR, for the consideration hereinafter stated, agree as follows: 1. SERVICES TO BE PERFORMED The CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Contract Documents (identified in Section 8 of this Agreement) prepared by the Owner dated February 23, 2012, and made a part of this Agreement by reference, for the following improvement(s): VfiLLEYWOOD CLUBHOUSE SANITARYSEWER EXTENSION 2011-145 The CONTRACTOR shall do everything required of this Agreement and the Contract Documents. The CONTRACTOR shall make good, replace, and renew at its own cost and expense any loss or damage to said Work and adjacent properties and facilities during the performance of the Work or prior to the final acceptance thereof by the OWNER, and shall be wholly responsible for the performance and completion of such Work. 2. COMPLETION DATE The CONTRACTOR shall commence Work under this Agreement within ten (10) calendar days after issuance of written Notice to Proceed and shall complete the Work in accordance with Special Provisions to the General Conditions of the Contract Documents. The CONTRACTOR shall notify the ENGINEER in writing of any and all causes of delay of such Work or any part thereof, within three (3) days of the beginning of such delay. 3. CHANGE ORDERS Any changes to the Work specified by this Agreement shall be made in writing and signed by the PARTIES. Only the Engineer will have the authority to initiate any change orders which must be submitted to the City Council for approval. No payment will be made for any claim for additional charges not processed in this manner. A-1 4. PAYMENT The OWNER shall pay the CONTRACTOR for the performance of this Agreement according to the Proposal Form, attached hereto, listing the schedule of approximate quantities and unit prices as set out in the Proposal Form of the Contract Documents submitted by the CONTRACTOR on March 15, 2012, the aggregate of which is estimated to be $ 75,353.15. 5. 1NSURANCE, PERFORMANCE BOND AND PAYMENT BOND This Agreement shall be in full force and effect after execution hereof upon the filing and acceptance of the insurance documents and the performance and payment bonds as required in the Contract Documents. Said insurance documents shall be issued in accordance with the provisions of Section 4 of the General Conditions, thereby assuring that the OWNER has been named as an additional insured party on all such policies or has been provided separate insurance policies of the kind and amount stated therein. The performance bond shall be enforceable by both the OWNER and any other municipality wherein any part of this Work may be performed. 6. INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the OWNER and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Agreement by the CONTRACTOR, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. CONTRACTOR shall comply with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss. 7. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: CONTRACTOR has examined and carefully studied the Contract Documents; CONTRACTOR has visited the Project identified in the Contract Documents and become familiar with and is satisfied as to the general, local, and Project conditions that may affect cost, progress, and performance of the Work; CONTRACTOR is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work; and the CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work in accordance with the other terms and conditions of the Contract Documents. A-2 8. CONTRACT DOCUMENTS The Contract Documents shall consist of the following component parts: A. The Contract (this Agreement) B. Information for Bidders C. General Conditions D. Special Provisions E. Technical Specifications F. Proposal Form G. Payment Bond H. Performance Bond I. Certificate of Insurance J. Addendum (s) K. Notice of Award L. Notice to Proceed M. Change Orders � N. Field Orders O. Drawings ' This Agreement, together with the documents hereinabove mentioned, form the Contract for the Work. 8. WHOLE AGREEMENT This Agreement embodies the entire agreement between the PARTIES including all prior understanding and agreements and may not be modified except in writing signed by all the PARTIES. EXECUTED as of the day and year written below. A-3 CITY OF APPLE VALLEI' . Date By Mary Hamann-Roland, Mayor Date And Pamela J. Gackstetter, City Clerk LTNDERGROUND PIERCING, INC. Date By Date And STATE OF ) ) SS. COUNTY OF ) On this day of , 2012, before me personally appeared and , to me known who, being by me duly sworn, did say that they are respectively the and of , that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said officers acknowledged the instrument to be the free act and deed of said corporation. (Notarial Seal) Notary Public A-4 � s BI�3DER: 1 `� � ��-' i PROPOSAL FORM - BID COPY � CIT'Y OF APPLE VALLEY VALLEYWOOD CLtTB.�OITSE SANI'lARYSEWER EXT�NSION 201.1-.145 To the City of Apple Valiey: �'he undersigned, having studied tb.e Cont�act Documents, being familiar witb local eonditions, having made the field inspections and ixtvestigat�ons deemed necessary, and being familiar with all factors and other conditions affecting #he work s�x►d cost thereaf, hereby proposes to fumish all lahor, tools, mat�rials, sldlls, equipment, and a.il else necessary to complete Project 2011-145, Valleyvvood Clubhouse Sar�itary Sewer Extension. The undersigned, l�as examined and caref�illy sfixdic:d the fol3owing Addenda, reciept of which is bereby aeknowJ.edged: Addendum Na Addendum Date The undersigned Bidder undeistands the quantities of �Vork as shown herein are subject to increase or decrease, and proposes to do fhe Work whether the quanti�es a��e increas�d or decreased at tlie unit price stated in #he following scheduIe of prices. The unit price as bid shap constitufe compensation in full for the respective items. Es�. � No. Item Unit Quantity Unit Price Tatal J'rice PART 1- SANffR.RY SEWER 1 MOBILIZATIflN LS 7. $ '�"�� •�� � �� '�� 2 TRAFFIC CONTR(JL � � � a.�t,�� °�v � $ ��, {� _�W 3 2" HDPE SDR-11 QIRECTfONALLY DRELLEQ LF 1375 $� h' �� $(1�.���" °�� '�.� -�� � �� 4 1.25" HDPE 5DR-11 DIRECFIONALLY dRILLEEY LF 1680 $�� $����" S CORECONNECTT�EXISTIN6MH � � $ `��� �� $ ""�� '�'�� c�C�3 t7�7 6 CURB STOP AND BOX ER A $�.-- $, `�2� (`x��'-_ a � 7 CURB STDP APlD SOX AND IATERAI K1T EA 1 S�� $����` � C7 � � � 8 FURNISH AND 1�iSTALL HAI�DHOLE � Z �-�-- ��� � �o �- �c3 g POTHQLE EXISTING UTiLETY CR0551NG5 ER 2 $��`-' $ �� TOTAL PART 1- SA11[ITARY 5EVltER ��� ��� Page i . Esk. No. Item Unit Quantity Unit Prioe Total �rice PART 2 - STREETS 10 SAW B[TUMINOUS PAVEMENT LF 20D $�� S�� �� t � rJ C? 11 REMOVE SiTUMIN0U5 PAVEMENi" SY 270 $`°7 "�� $ ��� i c7C� 12 CQMMdN EXCAVATIOPt (EVJ �' � � 1 �' �� � �� ' 13 BITUMENdUS TACK CQAT GAL 12 $ j� �� �_.�. �� i4 AGGREGATE BASE, CiASS 5� TN l�S $�Z`� � $ Z� •�� �5 B[IUMIN0U5PAVEMENTFORPA�CHINGSPWEB240B TN 65 $ �� � ��� �!� 16 TOPSOIL COMPQST MIXTURE (LV} CY 75 $ c�7� •�� $�� `�, �.,�+�, p c3 17 SEER, FERTILIZER, MU[STURE PELLETS,. BIANKET 5Y 300 $�� $�/��' ch t� ��'� O � !8 50D, FERTILIZER, M015TURE PEL�ETS 5Y 100 $�� S�..-- �,Q C�O 14 BIOBARRIER LF lOD $ � $ � �,�--�� � 7'Q7AL PART Z - 57'REETS � ��-1—z`��— - TOTAL PART 1- SRNITARX SEWER ���° ��`s � TOTAL PAR7 2 - SlREE75 . � �� � `"� �� ' �� TOTAL'COk�tSTRUCTION � ' �' � � �� ` � S Page 2 Tn submitting this bid it is understood �tb.e Owner retains the right ta reject a�y and all bids and to waive irregularities and informalities fil�erein and to award the contract in the best in�.terest of the City. In submitting this bid, it is understood that payment wilf be by c�eck. Date � -' � L� � �"� Respectfully submitted, . -� . . ��i �C' t' t� �� �' � C 1 I�t � Name of rty Submitting Bid ---�� , -� Signed BY . � rc�.;.� i a�r, C�. Ti �le . �C3� Il�.�IG.VI�— Printed Name af Signer I �13�C� J�w��s �a.c{ Address t � . � � 5537 City, ate, and Zip Cade 7� ��S`~ �93C� efephone Number ��� �. P S :� �m � ���� ���. City of AppVa{le y MEMO Public Warks Department TO:. Mayor, City Council and City Administrator FROM: Todd Blomstrom, Public Works Director DATE: March 19, 2012 SUBJECT: AGREEMENT WITH MAGELLAN PIPELINE COMPANY TO LOWER TRANSMISSION PIPES FOR CONSTRUCTION OF 147TH STREET City staff is working with representatives from Magellan Pipeline Company to prepare a Reimbursement Agreement for the lowering of underground transmission pipelines located east of Flagstaff Avenue. The pipelines must be lowered to allow for the construction of 147�' Street from Flagstaff Avenue to Johnny Cake Ridge Road. The Reimbursement Agreement would establish the process and cost participation amount from the City for the pipeline lowering work. Certain provisions of the agreement are still being resolved with Magellan Pipeline Company at the time of agenda preparation. Staff anticipates having a form of the agreement prepared for City Council consideration at the Regular City Council meeting on March 22, 2012. The 147�' Street project is under a challenging schedule to allow construction to be completed during the 2012 construction season. The project involves several agreements related to easement acquisition, cost reimbursement and encroachments into existing pipeline easements. The subject Reimbursement Agreement is of prime concern for maintaining the project schedule. Staff will be available to review the status of the necessary agreements at the upcoming City Council meeting. TAB:jcb c � � ` i N i y � •��• ���� N � City of AppVa��e y MEMo Parks and Recreation Department 7100 - 147�' Street West Apple Valley, MN 55124 952 / 953-2300 TO: Mayor, City Council, and City Administrator FROM: Randy Johnson, Director of Parks and Recreation DATE: March 16, 2012 SUBJECT: Change Orders for Valleywood Clubhouse Projects Attached please find requests for change orders to the below listed agreements of the Valleywood Clubhouse project: Project #0610 - General Carpentry with Cannon Construction, Inc. Project #2100 - Fire Protection with Breth-Zenzen Fire Protection, LLC Project #2200 - Plumbing & Piping with Jim Murr Plumbing, Inc. Project #2500 - Temperature Controls with Prairie Technologies, Inc., DBA Direct Digital Controls Project #2600 - Electrical/Fire Alarm with Schammel Electric, Ina The change orders are the result of a careful value engineering process by the design team. They cover miscellaneous lighting and electrical changes, addition of wood paneling at the fireplace, addition of a solenoid valve at the watermain, deletion of in-floor heat in the restrooms, and a reduction in the carpentry and laborer allowance hours accompanying these adjustments. The change orders have been reviewed and recommended for approval by Project Manager Bossardt Corporation and CNH Architects, as well as the contractor, as indicated by their signatures on the attached. The timeline and substantial completion dates will not be affected by these change orders. Please advise if you would like mare details. Project #0610 - General Carpentry with Cannon Construction, Inc. Original contract sum $266,791.00 This change order Deduct - $5,309.00 New contract sum (including this change order) $261,482.00 Project #2100 - Fire Protection with Breth-Zenzen Fire Protection, LLC Original contract sum $37,560.00 This change order Deduct - $0.00 New contract sum (including this change order) $37,560.00 Project #2200 - Plumbing & Piping with Jim Murr Plumbing, Inc. Original contract sum $204,692.00 This change order Add - $3,198.00 New contract sum (including this change order) $207,890.00 Project #2500 - Temperature Controls with Prairie Techriologies, Inc., DBA Direct Digital Controls Original contract sum $48,975.00 This change order Add - $712.00 New contract sum (including this change order) $49,687.00 Project #2600 - Electrical/Fire Alarm with Schammel Electric, Inc. Original contract sum $229,000.00 This change order Deduct - $11,696.00 New contract sum (including this change order) $217,304.04 Summary $ 22,253.00 Deductions $ 9,158.00 Additions ($13,095.00) Total Project Change ACTION REOUESTED Motion to approve Change Order No. 1 for Valleywood Clubhouse project #0610 - General Carpentry with Cannon Construction, Inc. as a Deduct of $5,309.00. Motion to approve Change Order No. 1 for Valleywood Clubhouse contract #2100 - Fire Protection with Breth-Zenzen Fire Protection, LLC as a Deduct of $0.00. Motion to approve Change Order No. 1 for Valleywood Clubhouse contract #2200 - Plumbing & Piping with Jim Murr Plumbing, Inc. as an Add of $3,198.00. Motion to approve Change Order No. 1 for Valleywood Clubhouse contract #2500 - Temperature Controls with Prairie Technologies, Inc., DBA Direct Digital Controls as an Add of $712.00. Motion to approve Change Order No. 1 for Valleywood Clubhouse contract #2600 - Electrical/Fire Alarm with Schammel Electric, Inc. as a Deduct of $11,696.00. DMPM H.•Valleywood:clubhouse:chg orders:March CO-l.doc ; �HANGE ORDER OWNER � PCO # 04 • CONSTRUCTION MANAGER ADVISER EDITION CONSTRUCTION MANAGER C7 AIA DOCUN��TT G701/CMa ARCHITECT C� �" ��� �;' ' �,w rt! CONTRACTOR [� FIELD ❑ " (Instructions on reverse side) � pT�g p PROJECT: CHANGE ORDER NO.: (�vame a�+d address) VALLEYWOOD CLUBHOUSE _ 0610-01 � CITY OF APPLE VALLEY INITIATION DATE: 7100 WEST 147TH.STREET 02/15/12 TO CONTRACTOR: �PLE VALLEY, MINNESOTA 55124 PROJECT NOS.: (,vame aud address) 1104 CANNON CONSTRUCTION, INC. CONTRACT FOR: 315 DAKOTA STREET WEST Contract #0610 CANNON FALLS,I��Il�i 55009 ' CONTRACT DAT&5enerdl Carpemry - The Contract is changed as follows: • 1/12/2012 �. Provide laboi arid material as necessary to complete the work for PR#07, PR#08, RFCO#O1, & SI#03 noted on the attached ' Page 2 . . � Not valid until signetl by #!�e Owner, Construction Manager, Architect and Contractor. . The original (Contract Sum) ( ) was , , , , , , , , , , , , , , , , , , , , , , , , , , , ; � 266,791.00" Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a 0.00 The (Contracc Sum) ( ' ' e) prior to this Change Order was . . . . . . . . . . . . s 266,791.00 The (Contract Sum) ') will bec�tZm�ed) (decreased) �ed) by this Change Order ................................................................ $ �5,309.00) The new (Conuact Sum) rice) including this Change Order will be .... S 261,482.00 � The Contract Time will be ed) (unchanged) by . . . . . . . . . . . . . . . . . . . . . . zero � -0- � �� ... The, date of Substantial Complerion as of the date of this Change Order therefore is ,.......,!�chang NOTE: Th9s summary does not refiect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construcdon Change Direccive. " BOSSARDT CORPORATION CNH ARCHITECTS CONSTRUCTION MANAGER . � • ARCHITECT � 5270 'Wst 84thrStreet, Minnea is, Minnesota 55437 7300 We 14 th Stree Ste. #SQ4, Apple Va11ey, Minnesota 55124 ADDRESS�. �` �'� =�' ADDRE ��,�-�-., �.�� ��.�...._ ?�/ 5 �� 3 .1��- ��. . BY .,�- �' �, � �, CANNON CONSTRUCTION, INC. CONTRACTOR 315 Dakota Street West, Cannon Falls, MN 55009 MARY �[AMANN-ROLAND MAYOR nDn ATTEST: _ o� ' Z� Z' PAMELA J. GACKSTETTER, CITY CLERK � BY DATE CAUTION; You st�ould use an original AIA document which has this caution printed in red. �� An original assures #hat changes will not be obscured as may occur when documents are reproduced. � AIA DOCUMENT p01/CMa • CHANGE ORDER • CON.STRUC170N MANAG6'R-ADVISER EDITION • 1992 EDITION • AiA� p1992 • THE AMERICAN INSi'TfUTE OF ARCHITECf5, 1735 NEW YORK AVENL'E, NW, WASHINGTON, D.C. 20U06-5392 ,: �: WARNING: UMk�nsed phobocopying viola� U.S. copyright laws and wNl s�ect the violator to legal prosecution G701/CMa-1992 . � { ��V ■ �����V� V�IYw��� . � �. FOR AIA DOCL:A�E�T Cr`(71/t;��9a, CH�NGE i:)RDF.K {:ONSTRi?CTI�N .'17A�iAGFR-�I�VISL'R EDITIt.)N a. ��N��A� rM�o��n,�rro� ' � �. Purpose . This cl��cun�c.nt is intcnded f�:�r use in impleinenting cl�annes in the l�e'urk a�reed tc� Up the (��°ni:r, Construrtii�n 1•iana�er, Architect and Ce�ntrartcrr. Execution c�f. a campleted G?U1iC�ia form indiratrs a�rccmrnt upifn all the terms of tl�e change, u�cluding aii}� chai�ges i�z thc c:emrr.�rt Sum (or Guar�ntccd �1 a?�in�um Price) anci (;cmn•act Time. In c:i�ntrast, �IA Doc�ument G'1-�iC1�ia, Cc�nsrructic:�n (:tiange I)irecdve, c:on�tructii�n �tanager.�dviser Editic.;n; shc,ulcl�hc us�tl in ,ituations �vh�re, for wi�atc�er rcase�n, the t)�;nrr anci Contractar h�ve nc�t rearheci a�;reemrnt up�m chr �roposrd rhan�is in C;c�ntrart Sum c�r C;rmtract 1'imc, anei ��h�re changcs in thc �`� ork ileed co br implcmer.red e�pc ditiously in c�rder to aenid a delay in thc Projcct. 2. Related Documents 1'his duC�nnent w l�re}�ared ti�r u5c und�r thc: t�nns ul' �IA De�cumrnt r1301IC,'vta, Genzr�! Cc�nditians of the Contracc for C O115tTUCC1Ul1, C;oi�.5tniction ;tiana�;er:�:d�.�is�r liditic�n. 3. Use of Current Documents Prior to u�in� an�� AI�i dc�rwncnt, thc usrr sl�ould ecrosult tlle AIA, an .al:� compc:men[ rhapter e�r a�•urrent AI:a Documenrs List to decermine [l�e currrnt ee�itiiro c,f cach t!<>cume�x. 4. Limited License for Repr4duction AIA D��rumcnt C,-01?C�:ia is a cupyz•igl�ted nurk an�t tna�� nc�rbr reproducrd ur zxcerpted fr.�m in sut�stantial part �vitliout rl�e ex�rrss �i pernlission of the �IA. The CT'O1�CR�la clocument is intcnded tu hc usccl as a�rmsumahie—that is, the origina! dc�rumenc p�ucha5ed hr the uscr i� int�n�lyd tc.� be cansun�zd in tl�c cour�e c�f b�ing u�cd, Th�re is nci itnplied per- missiun t�� reproduce this ducumcnt, ntu does n�embership in the An�erican �li�.tititute ��,f �,rchitccts cunfer an�� further rights tc� rcl�ruiluce G'(►UC�1a. A limited license is hereb�� gr�uucd tc� retail purct�asers to repre�i a maaimum oF [en cciPies of a ccyn�plc[ed or r'�eeurecl G't)1lC�•ia, bui ��ni�• tor use in ci�nnectie�n ��ith a pai�ticular Proje�t: ' B. Cf�iUtFLETiNG THE G?Di/CMa �FDRM 1. d3escription of Char+ge in tt�e Can#ract Insert a drtaiiecl deseription i�f �hr change to be madc in �he t;oncr.�et b� tl�i� Chan�;e Ordrr, including any I)rawin�s, SperiFica- tlons, docutucnts e�r athrr SupPorting data tc� clarify th� c��•!pe c�F thr chan�;e. ' 2. Determination ot Cosds Im���t the fc�ll<���ing informacion in th� blant;s prc���icled, and ,trikc out the terms in parrntheses tl�ar elc� «ut a}?}>l�': . a) CI1C C�C1�1t1 Ct?ntract tium c>r Cuarant�cd 111aaimum Price; h) the n�t change 1��� previously authorired Chan�e Order (nute that this dozs not indude chan�es authurir.ed by C;on- structir�n Ct�ange Dirertive un(ess surh a chanse waa ,ubsrquentl� agreeci to b�� �l�c t:ontractc�r and recordeei as a Change Ordzri• . c1 thc Coutract Sum or Guar;uiteed !�tasimutn Pricc Privr to this Channe Ordc:r: d) the am��iunt uf increasc �.�r �lecrrasc, iF any, in tlie Concract tiun� or Gu:�rantetd 1�4aaimum Price; and � e) tlle i�ew Contrnct �um c�r Guar.�nteed �isximum Price �.s adjusted by rhis Change Order. 3. Change in Contract Time Insert tl�c fi�llc�4��1n�; informati�n in the blanks ��rovicicd, aud s[rik� c�ur the tcrn�s in parrnthese� d�ar �ic> n�x apply: ' a) in nun�b�r of �i��r-s the increase or d�rre�,se, if anF Ill II7c Con[ract Time; ancl . b) the datc c�f S�ii�stantial Comple�ion, includins; ;ui�� acljustment effected hy tl�i� C:hanbc C.�rdcr. C. EXfCUTi�N OF THE DOCUMEiUT � �ti'llen the O�•ncr, Consrn�ction :�tana,,er, Archi�zct an�t C;c:mn l�ave rcarhetl a�;rr�n�ent on th� change ts�� be n�ade in �he Contrart, inclu�.iing ai�y adjustn�enta in tl�c Contra�t �um (c>r Gu:�ran[eed :�Iasiinum l�ricr) an�( Cc�ntrarr "fiine, the G'OI�C14]a clocument �h<��uld hr cxrcuted in quadruplicate h}�.the: t���c� Parties, die CcmSCructi��n :4•fanas;er and Archiccct, each of �vhom � rctains an uririnal. � • � � I i Prinlecf.��r Rrevcicd Paner � � I Rep�inted i/94 I I � . i ' I . , � �� �r,3.i�:3uas �'i.tiva�t�t�'ctit�� !'rr,�r�� e:iraitrr L r,� t1�`t�ct,x,.a 'ar.'r��Fiins CElFB RwT7:NG �t'I`ASS 5270 West 84 Street, Suite#550 Minneapois, Minnesota 55437 Change Order Valleywood Clubhouse Project # 1104 Tel: Fax: Date: 2/15/2012 ' Contractor: Architect's Project No: Cannon Construction Contract Date: 315 Dakota Street West Contract Number: 610 Cannon Falls, Minnesota 55009 Change Order Number. 001 The Contract is hereby revised by the following items: PR #7, RFCO #1 & No Cost Changes PCO Item # Description Amount PR#007 002 Provide red oak wood paneling at on both sides of the fireplace 4,066 as shown in drawings K1/A8.1, K8/A8.1 & A7/A8.2 PR#008 001 Ciarification and modification of the service counter casework 0 elevation and details RFCO#��1 U01 Reduce the Carpenter Labor Aliowance from 175 to 75 hours 8� (9,375) Reduce the. Laborer Labor Allowance from 175 to 100 hours SI#003 001 Clarification of wall dimensions at the Mens Restroom 0 The original Contract (s) Value was ........................................................................................ 266,791 Sum of changes by prior Change Orders ................................................................................. 0 The Contract Value prior to this Change Order was ........................................................... 266,791 The Contract Value will be changed by this Change Order in the amount of ....................:......... (5,309) The new ContractValue including this Change Ocder will be ........................................... 261,482 The Contract duration will be changed by ............................................................................... 0 Days . The revised Substantial Completion date as of this Change Order is .................................... Prolog Manaper Printed on: 2M5/2012 Bossardt page � � � �HANG� ORDER OWNER � Pco � os , CONSTRUCTION MANAGER�,DVISER EDITION CONSTRUCTION MANAGER � AIA DOCUMENT G701/CMa ARGHITECT �j � . � — , ., F� �.�,.� CONTRACTOR � � �;.�� �' � ��i�t:. �� � • (Instructions on reverse side) • p�gg p PROJECT: . VALLEYWOOD CLUBHOUSE . CHANGE ORDER NO.: 2100-01 (�vame mrd aedress) CITY OF APPLE VALLEY 7100 WEST 147TH STREET INlTIATION DATE: 02/15/12 TO CONTRACTOR: �PLE VALLEY, MINNESOTA 55124 pROJECT NOS.: 1104 (.Na»re aud addrrxs) , BRETH-ZENZEN FIRE PROTECTION . 8063 STERLING DRNE, SUITE 101 CONTRACT FOR: Contract #2100 ��� ST. JOSEPH,IVIINNESOTA 56374 ' CONTRACT DATEF're��flon . 1/12/2012 , The Contract is changed as follows: � �' . , Provide labor and material as necessary to complete the work for PR#10 noted on.the attached � � Page 2 , . � _ Not vaUd until signed by #he Owner, Construction Manager, Ar�hitect and Contractor. . The original (Contract Sum) (G was . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 3'� 560.OQ . , 0.00 Net change by previousiy auchoriud Change Orders . . . . . . . . . . • • • • • • • • • • • • = 37,560.00 The (Contract Sum) (G ) prior m this Change Order was . . . . : . . . . . . . S The (Contract Sum) ( will be �4��'��� (unchanged) by 0.00 this Change Order ................................................................ t 37,560.00 '�� The new (Contract Sum) ( ce) induding this Change Order will be .... a zero -0- The Contract Time will be (���ed) (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . �changed. � ) �YS The, date of Substantial Complerion as of the date of this Change Order therefore is .......... NOTE: This summary does noc nefi�ecc changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authori�d by Construccion Change Directive. . BOSSARDT CORPORATION , CNH ARCHITECTS - � CONSTRUCTION MANAGER . ' • ' 5270 Wst 84th Street, Miru�apolis, Minnesota 55437 '���esf�147 Street, Ste. #504, Apple Valley, Minnesota 55124 , , ADDRESS �s`' ���/"_.. � J� t r � ADDRESS � � ;!+ � � �' �'�` / � / 5 BY v' DATE gy DATB BRETH-ZENZEN FIRE PROTECTION CoxTRn�T R � St Joseph, Minnesota 56374 MARY HAMANN-ROLAND MAYOR 8063 ,�ter�ing-�3t�ive; S , �..-~.° . ADD ss �� ' ATTEST: _ : ._ „�...�.G -�.��"",--�... � PAMELA J. GACKSTETTER, CITY CLERK - BY DATg ' � � CAUTION: lfbu s�ould use an original AIA document which has this caution printed in red. An original assures tfiat changes will not be obscured as may occur when documents are reproduced. i �, AU► DOWMENT G701/CMa • t�IANGE ORDER • CONSTRUCI'ION MANAGER�dVLSER EDiTION • 1992 EDITION • AIA• I 019�J? • THE AMERICAN INSiTTCT;'E OF ARCHITEGZS, 1735 NEW YORK AVENC.'E, N.W., WASHINGTON, AC. 20006-5292 i = WAANING: Unlieensed phalocopying vioietea U,S, eopyrigM laws and w� mi6jeet the violator ta legal piosecuHau G701/CMa-1992 ����������� ����� .. Ft�R AI:� DQCL?n�ENT G-()11�:3tia, CH�NGE ORDER CONSTRt?CTION hiANAGER-AI�1;'ISL•'R EDITIC.)i�1 A. GENERaL IN�ORlUTATiON ' ' � 1. Purpose . . This cl�cum4nt i5 intended fc�r use in impieinc�lting cl�an�e� in the �'e�rk :►�,�reed tc� bt th� O�n�r, Ce�n.�trurdt�n ;'�iana$cr, Architrct and C:untractr�r. t.xecution a�'a complctcd G?U]iC1ia f��rm indiraces a�rerm�nt u��an all thc terms �f tlie chaiige, lIIC1UCj111�T ant� changc,� i�1 thr C�.�ntrart Sum (or Guaranteed �•1a?�imum Pric�) anci Crmtracr Tinie. In c:ontr.�t, � Document G?I�ICI�ia, (:c�nsri C;tiange ()irecrive. Constniction �tanager_�dviser Edition, shciuld�h� tised in sintatitms �vherc, fc�r wha�ever reascin, the Oe� ner ;uici C:onreact��r la:ave nr�t re:ichcd agrermcnt upon thr. prop�s�:d rhang�s in Ccmuart Sum cir Cnnrraci 7'imc, ana where rhangcs in the VVork ne�d to br implrmrnred espriiitiuusly in c�rder tc� avoid a delar in che Project. 2. Relaied Dflcuments Ttlis do�ument vsa� prepare:d ti7r use undcr the ttnn5 c�FAIA Documrnt �1?O I1C,bta, GeneraI Cc�nditians of the Contract for� Coi�.Stivcrion, CUi�tructic,n !vtana�er-AdL�i,serl:dition. 3. Use of Current Documents Prior tu u�ing an}� AIA dexumcnt, th< <tuur sl�ould eansul[ ttle AIA, an Al,a compc>nenc rhapter or a rurrent Al� D<7eumencs List [o dceerniine cl�e current editii�n of rach ilurumerrc, � 4. Limited �9ce�se fior Reprad�ction AI� D��rumcnt G?(11.1G�Ia is a�npyzi�;l�ted nork ana tnay narbe reprc�duced eu zaeerptc:d rr•om in snbstancial part �vithcnit tt�e z�rrss w�ritten permissian of the �lIA. The G;OiiCkla documen� is intcnded iu he uscd a� a cc�nsum:�hie=that is, �l�e ori};inal dncumcnt pur�lZased hp th'r user i� intrnded to be consume�l in [l�<r course of being u�cd•. 'I'hrre i5 np implird l�er- mi.5sion tu reproduce this ducument, nor c1ue� roembership in the Anieric�n Instituc� af Archi�ectS ee�nfer an�� fuiKher rights to rcprc�cluce G'0!/Chfa. � �, limited licensc is herebY � tc� rrtaii purchaseis tn repr��duce a•maaimum of cen caPie, af a eeymple�ed ar��aerureci G"' c�i�cat3, I�UI UtlI4 fOT USC II� Ct71171�CC1t)11 �'G1[}1 3(J1f[IClll:ll' Pl'pJ�l'i: ' B. COiUlPLET1NG TH� G70i/CMa FO�SM � 1. tlescr9ptiun af Char+ge in the Contract � " Insct�t a dzt��ileti dtscription i�f �he c.tiange tc� be mad� in the (:untr.ice Uy this Change Order, includin� any Drawin�,�;, 5perifi�a- tions CLOCLltl]CI7LS Oi t)t}1CS' Sllp(J(Jf7111�', C�'iT:i CU C� arif� th� ccape af the eli.ua�e. - 2. Determination of C�sts � Insert che Fullc>��ing intunna�inn in th� I�1311k pravided, and �CC1�iC UUT LI1C LeIT11S 111 j)1fG!]CI1C5�S tl�zt �lc� n�it app(t•: . a) nc� ori�inal Ct�nti�act SLiin or Guarantc:cd 1liaxinium Price; - � hj �he net change b� pceviousl}r auti�ori•r.ed C:han�e ��rcicr (nute d�t ihis does not include chan�es ;iuthori�c:ci b}� (;c�n- structic�n Change Directi�r unless such a change cva.� subs�quencl� a�reed to L�c cl�c Ci�ntra� reccn•ded as a Chan�r ' t]rdzri• . � � c) chc Contrac7 Sum or Guai:inteed Aiasimum Price �rior a� thi� Channz Ordcr; ti) �hc amount uf increa.ae ur elrercase, if anF, in ciie Con�ract Sum or Gii:�ranteeci �i�i:aximum Price; and . ' e) the new Conn:�c�t Sum ar Guaranceed A4aximum Pri�e as adjus�ed L�� this C:1lange Orcler. 3. Change in Contract T9me . , Inaert thc fc�l�lc�win�; ii�tormati�n in the blanks provided, ai�d �[rik� cwt thc tcrms in psu•enthcses ci�a� a:� nut appt}=: ' � i a) in num�er aP dars the incrrase or dccm�.se, if an�, iii ti�e Ccmtract Time; an�t . I b) the datc ot Suhstantial Campletion, includin� u�� acljuscment effeeted h�r tt�is Chan�e Qrder. 'i, � - I C, EXECUTiON QF TH�E OOCUMEiVT ' � . � .. ��vhen the O�encr, Co�tiStniction �lanager, Archicect �n�i {:r�nn Uavi: rc:ach�Q �rrement cin the changr tc� be macic in the � Contrart, inclu�.iing :u�y adjustmrnt� in �vc C.ontrart Sum (ar Guaranteed :�Iasimum I�ricr) and Cc�ntracr "Cime, thr G'O 1/Chia '• � document sh<��uld hc: cxeclite�i in quadruplic:ate hy.the two Parties, ti�e (:ai�.5u�uctic�n :4lana�;cr and Archirect, each �F �vvc�m rctai��.� :�n uri�inal. - : i • � � Pri�rterf rni Rrci1cl�d Pry�er � � Reprinted 1/94 _ �� 13��sti;3,atri7' �C`t:tut�vft,i'1'tr.�� P'r�r,tisa;rar�cci C:'tul.'s7Y.+c•�rr�r� Srri�e�•a�s cE�aeawrixc�rEnns 5270 West 84" Street, Suite#550 Minn�pois, Minnesota55437 Change Order Valleywood Clubhouse Project # 1104 Tel: Fax: Date: 2/15i2012 Contractor: ArchitecYs Project No: Breth Zen Fre Protection, LLC ContraCt Date• 8063 Sterling Drive, Suite 101 Contract Number: 2100 St. Joseph, MN 56374 Change Order Number: 001 The Contract is hereby revised by the following items: No Cost Change PCO Item # Desc�iption Amount PR#010 001 Provide a domestic water solenoid va►ve with fire alarm 0 connection & provide radiation at restrooms in lieu of in floor , heat. This contract will connect to the watermain inside of the building. The original Contract (s) Value was ........................................................................................ 37,560 Sum of changes by prior Change Orders ......................................................................:.......... 0 The Contract Value prior to this Change Order was ........................................................... 37,560 The Contract Value will be changed by this Change Order in the amount of .............................. 0 The new Contract Value including this Change Order will be ........................................... 37,560 The Contract duration will be changed by ............................................................................... 0 Days The revised Substantial Completion date as of this Change Order is .................................... Prolog Manager Printed on: 2/15/2012 Bossardt paye � � � CHANGE ORDER � CONSTRUCTION MANAGER-ADVISER EDITION OWNER a pCO # 09 , CONSTRUCTION MANAGER ❑ AIA DOCUMENT G701/CMa [( ��,� � ��" ?�� ARCHITECT � �� � [ .t�'n>a �' °d :-o�dlY. � CONTRACTOR ' FIELD ❑ . (Instructions on reverse side) ' OTHER � PROJECT: . CHAIVGE ORDER NO.: (Name and address) VALLEYWOOD CLUBHOUSE _ 2200-01 � CITY OF APPLE VALLEY ��TION DATE: 7100 WEST 147TH STREET � 02/15/12 TO CONTRACTOR: APPLE VALLEY, MINNESOTA 55124 PROJECT NOS.: (,'Varae mrd addri�s) 11 �4 JIM MURR PLUMBING, INC. CONTRACT FOR: � �.. 780 - 19TH 5TREET Contract #2200 NEWPORT, NIINI�TESOTA 55055• CONTRACT DATE:ptumbing and Piping - The Contract is � changed as follows: . 1/12/2012 ��' Provide labor.and material as necessary to complete the work for PR#10 & SI#03 . noted on� the attached � Page.2 � No� valid until signed by #he Owner, Construction Manager, Ar�chitect and Contractar. . The originai (Contract Sum) {G was . . . . . . . . . . . . . . . . . . . . . . . . . . a 204,692.00 _ Nec change by previousiy auti�orized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 0.00 The (Contract Sum) (G ' ' ) prior to this Change Order was . . . : . . . . . . . . i 204,692.00 The (Contract Sum) ( wilI be (increased� by this Change Order ............................................ ................... t 3,198.00 The new (Contract Sum) ( 'ce) including this Change Order will be .... S 207,890.00 The Contract Time will be ed) (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . zero ( -0- ) days The. date of Subsrantial Complesdon as of the date of this Change Order therefore is ..........�changed. NOTE: This summary does noc rGfl�ect changes in the Contract Sum, Concract Time or G�aruiteed Maximum Pdce whIch have been authorized by Construcdon Change Dinecciva . BOSSARDT CORPORATION � C NH ARCHITECTS CONSTRUCTION MANAGER . ' • ARCHITECT ' st 4 Street Minn olis Minnesota 55437 7300 West 7 treet Ste. #504 A le Valle Minnesota 55124 �� R,^ ��,y,-- ��.-�. ��� �D�S 3.��.�� _ - BY DATE BY DATE JIM MLTRR PLUMBING, INC. CONTRACTOR 780 =��1�9 Street, Newport, MN 55055 � MARY HAMANN-ROLAND MAYOR ADDxESS ATTEST: x "�°�� ��� 7 � / � PAMELA J. GACKSTETTER, CITY CLERK . BY DATE � � CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes wiil not be obscured as may occur when documents are reproduced. AlA DOCIIMENT G7D1/C�YIa • CHANGE ORDER • CONSTRUG7ION MANAGER�DVISER EDITION • 199Z EDITION • AIA• �1�2 • THE AMERICAN INSi'iTUi'E OF ARCHITECTS, 1735 NEW YORK AVENC£, N.W., WASHIIYGTON, AG 20006-5292 ' WARNING: Unlieensed photo��pying violffies U.S, eopyrigM laxis and wUl aubjee! the WolaDor �o legal p�oseeutlan G701/CMa-1992 Y -�. v �li��i lViJ���� �Y 1��� .. . ' . POR ��I� DOCL?14�ENT G-01/C;��Ia, CHr�NGE ORDER CONSTRj?CTION hiANAGER _�I)�'ISLR EDITION � A. GENERAL fN�ORlVIATIOi� � ' . 1. Purpose This cl�rum4nt is intcnded t��r use in im��lementing cl�an�;e� in the �'url: a�,need to U� the Owncr, Construrcian ;'�tanaqer, Architect and Cuntractr�r. t:xecutioil af a can�plcted G?UIiC�ia torm indirate5 a,�r�em�nt upon dll thc terms �f the change, uicluciing any change.s i>> thc Ci.�ntrart Sum (or Guar�ntecd �;]a?�inium Pric�} and Cc�ncracr Tinie. In r.ontr.ut, �I.9 D<xvmcnt G?I�IC4ia, Can�tructic�n <:h:inge I)irecrive, Constniction tiianaqer:�d�riser Editir,n, shciuld�be used in sintatii�ns �vherc, ti�r w�hatcver reatitin, the O�n�r :u�ci C:onnnct��r itave ni�t re:iched ar;rc�mcnt u��on the. �roposc:d changrs in Cantract Sum c�r Cnnn'act'I'imc, anei �vhere changcs in the tiw ork ne�d to be implc:m�nced espriiitiuusly in c>rder tc� avoid a delay in tlte Pr�ject. 2. Related Documents This dorinncnt vsas prrnareci li�r usc undcr thc ttnn� aF AIA Documrnc r�301/C,'�ta, General Canditions of the Connnet for� Coi�.Strucrion, Ccn�.stnictic�n :�[anager-Ad� i5er l:dition. . 3. Use of Current Documents Prie�r to u�ing any AIA dc�cumcnt, the user sl��uld eonsule the Ai:�, an AI� compc�nent cha�ter ar a curre»r AI� Dc�rument5 Li,St ro cle[ermine �he cvrr�nc eelitI��o of each d��cumcix. 4. Limited �icens� for Reproductis�n AIA D�7cument G?UI?Chia is a c��pyzighted work ana ma}� nc�tbe rrpraduc�d �u z�cerptccl fr.om in substanrial part �ithout ti�e e�rrss written permissian of the �I�. The G;()1iCRI.i dc�cument i� int�n�.ed iu he used a� a cc�nsumahle-that is, cl�e original dc�rumcnt p��r�l�seci hy thr user i.� intrnded to be consume�l in �l�c caur�e of bein� u�cd�. 'i'hrre is nca implied per- mission tu reproduc� this d��cuinent, nor daes membership in the An�erican ]ntitiwt� of Archi�ccts conftr an�• futKher rigiits ta rcprt�duce G'(1 UC�Ia. , A limited license is herehS �nred to retail purcl�asers [o reproduce a•ma�in�um c�f cen �c��?ic� of a cnn�plctc� ar G?OilClia, but cmly for usr in c��nnecd<�n nith a�aarticular Project: ' 8. COiUIPLETING THE G7D�/CMa FORM � 1. �escr9p#ion af CFange in t�`�e Contract lnsei�t a detailed description i�f thc diange tc� be ma�le in che C ;on[rict Uy this Cl�ange Order, includin� an�• Drawuigs, 5pecifca tions, d�rurocnts or c�ther Supp��rring cL1ra to clariPv th� ccc�}�e af thc clian�e. '- 2. �e#erm+nat3on o# C�sts � ' 7n�ert the Full<i�-in� intunna�ion in th� hlanl�s prcivitled, and sa•ikc out che terms in parentheses char �ic� nut ap}�1.: . a) nc� original Ct�nti�ac[ Sutn c,r Cuaranteed Masimum Price; - � h} thc nc:t �hange b.r pceviously authori•r�c:cl Chanie Order (nute tliat this does ncx include� chan�rs ciuthurizcc� by C:on- stru�tir.�n Channe Direcm�� unless surh a change �r.�, subscquencly agreed to bp �hc ri�ntra4 and reci�rdeQ us a Change ' Ordzr�• . �l thc Contrac�t Sam or Gu:u•:inreed liasimum Pricc prior to this Change Ordcr; d) chc amciunt u� incre•ase ur �lecr�asc, if anF, in clie Cr�nrract S�m� or Gu:�r.�nteed �bi•aximum Price; and � e) rhe n��v Conn�act Sum nr Guaranreed l�iaximum Price as adjusred b�� chis Chang� Orcler, 3. Chanc�e in Cantract Time . � In�ert thc fi�lfc�4�zn�; infe�rmation in tl�e�blanl;s provicicd, and s�rike ewc thc tcrms in p arenthc:se.s c1ri� ae> ncx appt�r; ' ; a) in numbrr c�f ciaFS the increase or dccm:ise, If any, iii rl�e Cona:ict Time; ancl . ! : b) the datc c�f Suhstantial Cotnpleeic�n, inc3uding :u�p adjuscment etfected b�r tl�ia Chan�;� (�rcier. � C. EXECL1Tll?N OF TH� DOCUMENT � . . ��i l�en the ()� n�r C:o��,�tnictio❑ �rtanaker, Archicert ana <:c�ncracu�r l�a��c rcachccl agrcement on ih� change tci be macic in [he � Contrart, I[]CIi1l�1i]� :i1.1V �CI�LI.SUI�I:fl[5 1R [I7C C ontrae:t Sum (csr Guaranceed :�iaxiinum Prier) anci Cc�ntr:lcc "I'iine, thr G.'•OiJChfa � ciocumriu sh<�uld hr cxecvted in qu:�dniplicate hy.the t���o �:u the (.:cn�.5u•u�riaii 1�9ana�er and Archiccet, ea�h uf whom rctrins an uririn:il. ' i � � P�i�rled rnr FrC��cted Paper � Reprirtted i/94 i . I ' .� ��� � 13t�;v;:,��x��• �C`ett���+.rtzaw'��tt�� 1'n�fc�arizeYr�f C z�r..c.ir�rft.rr:.5'[rrr'r'ia CELLBRATING�YEARS 5270 West 84 Street, Suite #550 Minneapois, Minnesota55437 Change Order Valleywood Clubhouse Project # 1104 Tel: Fax: Date: ZI15/2012 Contractor: Architect's Project No: Jim Murr Plumbing, Inc. Contract Date• 78019th Street Contract Number: 2200 Newport, MN 55055 Change Order Number: 001 The Contract is hereby revised by the following items: PR #10 & No Cost Change PCO Item # Descflption Amount PR#010 002 Provide a domestic water solenoid valve with fire alarm 3,198 connection & provide radiation at restrooms in lieu of in floor heat SI#003 004 Clarification of wall dimensions at the Mens Restroom 0 The original Contract (s) Value was ........................................................................................ 204,692 Sum of changes by prior Change Orders ................................................................................. 0 The Contract Value prior to this Change Order was ........................................................... 204,692 The Contract Value will be changed by this Change Order in the amount of .............................. 3,198 The new Contract Value including this Change Order will be ........................................... 207,890 The Contract duration will be changed by ............................................................................... 0 Days The revised Substantial Completion date as of this Change Order is .................................... Prolog Manager Printed on: 2/15/2012 Bossardt Page 1 � � '`�HANG� ORDER OWNER pc PCO # 10 '. CONSTRUCTiON MANAGER ADVISER EDITION CONSTRUCTION MANAGER C3� ,.., � AIA DOCUMEI�IT,:G701/CMa,:.'<�' ARCHITECT � � CONTRACTOR � [� , FIELD ❑ ' (Instrucdons on reverse side) � pTgEg' � PROJECT: . VALLEYWOOD CLUBHOUSE CHANGE ORDER NO.: 2500-01 (lvame a�rd address) CI'TY OF APPLE VALLEY 7100 WEST 147TH STREET INITIATION DATE: 02/15/12 TO CONTRACTOR• �PLE VALLEY, MINNESOTA 55124 pROJECT NOS.: � 1104 (Name mrd uddress) P��E TECHNOLOGIES INC. OF MN • DBA DIRECT DIGTTAL CONTROLS CONTRACT FOR: Contract #2500 ° 5600 QUEENS AVENUE NE; SUITE 400 CONTRACT DATE Tempecature Controls OTSEGO; MINNESOTA 55330 . ' ' 1/12/2012 • The Contract is changed as follows: • . . Provide labor a�d material as necessary to complete the work for PR#10 noted on the attached � ' Page 2 � ' Not vaiid until signed by the Owner, Construction Manager, Architect and Contractor. . Theoriginai(ContractSum)(G �,,,,,,,,,,,,,,,,,,,,,,,,,,,, = 48,975.00 Net change by previovslp authoriz�d Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 0.00 . The (Contract Sum) (G ) prior to this Change Order was . . . : . . . . . . . . s 48,975.00 The (Contract Sum) ( will be (increased��ec��i�4ged) by � this Change Order ................................................................ t 712.00 The new (Contract Sum) 'ce) imcluding this Change Order will be .... s 49,687.00 ' The Contract Time will be ��i���ed) (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . zero � -0- � �� The date of Substantial Completion as of the date of this Change Order therefore is .,...,,,,.� NOTE: This summary does no[ refi�ect changes In the Contrdct Sum, Contract Time or Guaranteed Maximum Pdce which have been authod�xd by Construction Change Direcrive BOSSARDT CORPORATION CNH ARCHITECTS ' CONSTRUCTION MANAGER � . • - 5270 Wst 84th Street, Minneapolis, Minnesota 55437 7300 W st�47 Street, e. #504, Apple Va11ey, Minnesota 55124 ADDRESS - ' �;��:' {�' �./�5/r� �D 3 , ��� , � � ` �� i PRIAIRE TECHNOLOGIES, INC. OF M1�ATE By � DBA DIRECT DIGITAL CONTROLS CON�'&�Tp eens Avenue NE, Suite #40.0, Otsego, MN 55330 MARY �[AMANN-ROLAND MAYOR i ovu uu nDDxESS � ATTEST: � : _ � � Z- �L PAMELA J. GACKSTETTER, CITY CLERK � BY �Jw.�'t_7Gton'�t.S � S�-�l) ,��5 �te� DATE I , CAUTION: 1Rn� s�ould use an ori inal AIA document which has this caution � ` � g printed in red. An originai assures tfiat changes will not be obscured as may occar when documents are reproduced. � AIA DOCUMENT G701/qllla • CHANGE ORDER • CONSIRUCTION MANAGER�DVISER EDITION • 1992 EDIT'ION • AtA• � �01992 • THE AMERICAN IIQSTI7'UTE OF ARCH1TECfS, 1735 NEW YORK AVENL'E, NW, WASHINGTON. D.G 2UOOG5292 �= WARNING: Unlicensed pho�oc�o p y i n g violates U.S. co p y r i gM l a w a a n d w i l l l s u b j e c i 1 h e v i o l a t ar t o k g a l prosec u tl a t. C a� y� C�B- � 9 9 2 � Y �■iV�������� �i C��� � ... PC�R AI� D(JCL?��ENT G'Ol/t���ta, CFiANGE C)RDER CnVSTRi?CTION ��4A�iAGFR-AI��'ISLR EDITION A. GENERAL INIFORIUTATION . . ' 1. Purposz . . This clpcum�n[ is intended for use in implementing cl�an�;e� in the �'uri: a�'reed tc� Ur the O��n�r, Cc�nstrurcitan ;41ana�er, architect and Cuntractc�r. I:xecutioii c�f. a complr.ted G 'U] iC�ta form inciirates as,;recmrnt u�r.>n all the terms af tI�e chaiige, 111CIUCji11�T .uiy chang•rs in the C�.�ntr:�rt Sum (c�r Guaranteed �1ahImum Pric�} and Cnnn�acr Tinie. In cantr:ast, �Ie Documcnt G?i�IC:�ia, (:c�nstruerian Chang� [)irrcti�z, Con�tn�etion �ianager-�dr�iser Editir,n, shciuid�h� used in siniatie�ns where, fc�r �hatecer reascin, the Oa;ne:r zncl C:on�ract��r l�ve ni�t reaehed as;rermLnt u)�on thr. �roposc�d c:hannes in Cantraet Sum <�r Cnncr<ici Time, ana �vlz�re changes in thc ti� c�rk neci! to be implcmrnteci etprilitiously in carc.ier ts.� a�l��id a delay in the Pr�ject. 2. Related Documents Thi.S ducumcnt vsas prepared ti�r usc under thc t�rms <�f �IA Doc. r1?(1 I/C,bta, General Cc�nd.itions of the Contract For ConStivctivn, Gc�nstructinn ;�tanager-Adti°i.Srr i:ditic�n. 3. !!se ofi Currsnt Documents F�rior to u�ing anp AI�, dc�cumcnt, the usrr sl��uld consul[ rhe AI�, an :1I;� compc�nc»t chaptrr nr a rurrcnr AI:� Dc�rumcnts � � Li,St to cletermine �he current editI��n oF cach durume�x. 4. Limited License fflr Reproducti;on �I.A Dorumcnt G'0�1C:�ia is a �ap�z•if;l�ced nurk an�t may narbr rcprc�ducrd c>r z�rerptcd fr•om in substantial part �itliout ti�e e�ress �ritten pern�is;;ion of the AIA. Thz G; O 1 iC0.ia documrnt is int�ndecl iu he uscd a� a rc�nsumahle—that is, d�e �riginal d�cumciu p�ucl�sed by th�r user i.� intended t�� be ccrosume�l in cl�e caurse <,f being u�ed•. 'i'hrre is na im��lied per- missiun tu rerroduce this ducume�it nur �ic�e� n�embership in t��c :�n�eric:�n lnstitute ��f Archicects ce�nf�r amr further rights to renre�duce G't� UCMa. - A limited license is hereby gianc�cl to re�ail purel�aseis to r�pre�duce amaaimvm c�f �cn <<ar;�� �r 1 ���n�E�i«<a ��r�z���«za G?e)IlC1ia, but only for use in citnnectinn e�ith a particular Pro;ect: ` ' B. C��VIPLETING THE G?D'�/CMa FOR�iA 1. aescrip#ian of Char�ge in the Can#ract lnscrt a dztaileti description i�f chc c.hange to be madc in tlie C;ontrict bv this Cl�n�c t�r�icr, including an}� I)rawings, Sperifica- ue�ns, docun�cnts e�r t�ther sup�r�rring dara to clnrify the senpe +.�F thr ciiange. 2. Determination ofi Cs�sts ' � In�ert che tullcin�in� infurina�ion in thc hlanks prc��•ided, and ,trike aut the terms in parenthesGS that dc� n�;t a�?pl}-: . a) che original Cc�ntrac[ Sum cx Guaranterd 1liaxin�um Price; - � h) die net change h}� previousl}r aud�ori•r.ed Chan�e c�rdcr (nute th:�t tllis does not include� chan�es :tuthuriiLCi by C:on- sa�uctic�n Chan�e Directi�e uniess such a chanse ���.� subscquentl� agreeci to hy [he Ci�ntra4 and recordeel us a Chan�e ' Ordzr)• . r) thr CUniracY Sum or Gti.u ;ulreed liasimum Yrice �rior to rhis Change Order; ti) thc amciunt uY increase ur e�ecreas�, if an�, in ttie Cr�i�rract Sun� ar Gti:tranteed �4i:�imum Price; and � e} the ncw• Cc?nn:icK Sum or Guaranteecl Ataa Pri�e as adjusted b� tl�is Chan�;e Order. 3. Change in Contract Time � . In.�ert tl�e fc�iln�vi�i� informaciun in thie hlank� provicleci, and �uike aut the ter�ns in parentheses cl�a� �io nut appl}�: � :U in number c�f eia�s the increase or d�cre:u5r, if any, i�i [l�e Contr.ict Time; ancl . : h} the da[i: ot Substantial Comptetic�n, including any adjustment etPei•terl by tl�is Clzan�;e Ordcr. C. EXECUTION OF THE DOCIIMENT �wUcn the (�n°nir, Cottistruction ,�;tana�er, Archi�zct an�l C:emrr:icu�r l�ave rc:achcd a�;ntment nn th� ehange to be macie in �}�e j Ce�ntra�t, inclu�iing anti a�1ji�.titment5 in tUe C.ontract Sum (c�r Guaranreed :�3:txi�r►um [�rice) ancl �:ontracr 'Ciu�ie, the G?O 1lCbia • ! C10CUft1Ctlf �I7<1UIC� �L CXCCtliel� ll1 t'�ll:it�tLY}�I7C:lt� h� .the t�kc� Parties, rhe t:emscrueticni i�tanas;er and Arc2�itctt, eaeh oF �Fhom ' rctaii�.ti an uri,�in:ti. � � Prnrled vn Rrn=ciecl Yr�er ' Reprinted 1/94 . � , ��� B+(�SARDT CORPOftA'lION Professional Construction Servir.es CELEBRATING2SYEARS 5270 West 84" St�eet, Suite #550 Minneapois, Minnesota 55437 Change Order Valleywood Clubhouse Project # 1104 Tel: Fax: Date: 2/22/2012 Contractor: Architect's Project No: Prairie Technologies, Inc. of MN dba Direct Digital Controls Contract Date: 5600 Queens Avenue NE., Suite #400 Contract Number: 2500 Otsego, Minnesota 55330 Change Orde� Number: 001 The Contract is hereby revised by the following items: PCO ltem # Description Amount PR#010 003 Provide a domestic water solenoid vaNe with fire alarm 712 connection 8� provide radiation at restrooms in lieu of in floor heat The original Contract (s) Value was ........................................................................................ 48,975 Sum of changes by prior Change Orders ...................................:............................................. o The Contract Value prior to this Change Order was ........................................................... 48,975 The Contract Value will be changed by this Change Order in the amount of .............................. 712 The new Contract Value including this Change Order will be ........................................... 49,687 The Contract duration will be changed by ............................................................................... 0 Days The revised Substantial Completion date as of this Change Order is .................................... Prolog Manager Printed on: 2/22/2012 Bossardt Page 1 `i �� � CHAN'CE ORDER � - OWNER • pc PCO # 11 " CONSTRUCTION MANAGER EDITION CONSTRUCTION MANAGER C� _ AIA DOCUMENT G701/CMa ARCHITECT " d� ' � . t � ; � � � � �` � ? CONTRACTOR d� � �� ��'�� �" FIELD ❑ (Instructions on reverse side) OTHER ❑ PROJECT: ' VALLEYWOOD CLUBHOUSE CHANGE ORDER NO.: 2600-01 (rvame a�:d aadress) CITY OF APPLE VALLEY • 7100 WEST 147TH STREET INITIATION DATE: 02/15/12 TO CONTRACTOR: �PLE VALLEY, bIINNESOTA 55124 PROJECT NOS.: 1104 (rvame and address) SCHAMIV�L ELECTRIC INCORPORATED CONTRACT FOR: PO BOX 211699 . Contract #2600 • EAGAN, MINNESOTA 55122 CONTR.ACT DATE��� �� The Contract is changed as follows: � 1/12/2012 Provide labor and material as necessary fo complete the work foi PR #06 & PR#IO � noted on the attached � " Page 2 ' " • Not valid until signed by the Owner, Construction Manager, Architect and Contractor. � Theoriginal(ConuactSum)( )�,,,,,,,,,,,,,,,,,, ,,,,,,;, E 229,000.00 Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . i 0.00 _ The (Contract Sum) ( ' ' e) prior to this Change Order was . . . . . . . . . . . , ; 229,000.00 The (Contract Sum) ') will b+sc�d�dxacac�d) (decrease�ged) by this Change Order .......... :..........................:.......................... S {11,696.00) The new (Contract Sum) ice) induding this Change Order will be .., . s 217,304.00 The Contract Time will b ed) (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . zero { -0- � �� '�he date of Substandal Compleuon as of the date of this Change Order thcrefore is ......... unchanged. NOTE: This summary does not reflect changes In t�e Contract Sum, Contract Time or Guaranteed Nlaximum Price which have been anthorized by Construcdon Change Directive. • BOSSARDT C012PORATION CNH ARCHITECTS � CONSTRUCTION MANAGER ARCHITECT 5270 Wst 84th Street, Minneapolis, Minnesota 55437 7300 West 147 Street, Ste. #504, Apple Valiey, Minnesota 55124 ADDRESS . �•�^~. 'f,'' ., ''�� ,,, `��� i � ADDRESS . � � I �� t � ,.�'�{ BY G :�-'' DATE BY DATE �. SCHAM ELECTRIC INCORPORATED ' � � CONTRACTO . . . PO Box 116 , an, MN 55122 MARY FIAMANN MAYOR � ADDRES ATTEST: � i �% PAMELA J. GACKSTETTER, CITY CLERK I BY ATE � CAUTION: You should use an original AIA document which has this cauti�on printed in red. 1 � An original assures tF�at changes wilf not be obscured as may occur when docwments are reproduced. I C AIA DOCUMENT G701lCMa • CHAIVGE ORDER • CONSI'RUCTION MANAGER�IDV[SER EDITION • 1993 EDIT'ION • AIA� I OO 1J92 • THE AMERICAN INSTITU'PE Og pRCHITECTS, 1735 NEW YORK AVENL'E, N.W.. WhSHII�TGTON, D.C. 2UU06-i392 I � WARNING: Unlicensed photocopying viotates U.S. copyright laws and will subjeci the violator to legai prosecution G701/CMa-1992 � �.�:.: • a 1�STR�3��'i(��i �H�E�' . � . . � Ft7�R AI�1 D(,)CL'1�IENT. G?Ul/CNia. CHANGE OR1�NR . CONSTRI:(:"I'10N NIANAGI:R-AllV1.SI:� EDITIUN � . A.: GENERAL lNFORMATION � � � i. Purpose � • This cl�cumrnt Ls Intendcd far u.�r in iin��lcmendng rban�,►r:r in thc Wurk 7grrrcl ta by the Ownc;r, C'f�n5t�v�tic�b +tilan���r, - Architcct and Cantraetpr. Execudnn of a eonipl�tcd G7U1/Cyts farm indirat�� agrcrmcnt upun a!1 the tcrnts qf tiie ehange. �• Iucluding any ch:u�gcs;n the t;cmtri��t Sum (c�r Gu•rrantecd Maxlrnum Priec) anel Cpntracr Time. In cuntrast, e1IA Dpcument • G; 14/C�ta, Cnn�trurtinn Cliange Dti;rr�ive. C�n.4truc�ttnn l�lxnagrx �lilviscr Fdi[ion, shaulcl br u.�ti in �ituatlnn� �vhere, F�c wi�atevrr reast�n, thr Uwnc•r �nd C:oncractur 1�3r•c not.rc�ltcd agrrement upan che prppa,sed changes in Contrart 5um or Cr�ncract 7'iinc; �nd whcre �han� in the �t!i�rk nc�d to he unplNmrnrcci r:�preiftJuusty in ordrr tc� a��ld a drlay In nc� Pro�ect. 2. Aelated Documents ' • TiZi�t-darumeat w:�s pn�pared fi�r use under the trnns e�f �1L\ Documrnt �13p tl(:tiia. Geueral Canditiuns oF thr C:rnitract fnr C�n.�cruccicm,. Constructi��n ,�[anaRcr-�,civi.4rr Edidan. . � 3. Use of Current Docaments � �� Pri�r ta u<ing �ny riI}l dc�rument, thr user sl�ould ��nsuI� the AIA, an �lA emm�nnent rhipter ar a currenc Alr1 Doruments � Litit to cie�ermin� cl�c currrnt edidnn oF urh tlucumenr. . ' . • , • 4. Limited llcense for Reproduciton � �IA nucumrnr G7()1/C.'�3a is a capylt�htrc� wnrk :�na m�y ncu hr repmduced ur rxc�trsi�trom In subsrantial pari �vitiiout � thc r�prrss ��rittrn prmiis,gton oF thr Alr1. T'tic G701iC.4+11 ducumrnt is intcndcd tu he uscd �.� x con�umable—tl�at ls, tl�z original ctocumc�u purrhasecl bp thr uscr i, inten�ird tu be consun�etl in tl�c cr�ur.re c�f bcinb u,�cd. '1'herc !s no lertplted per- . missiun t�� r��roduce this ducumcnt nar da� mcmhcnhlp In the M�erica�.la�ticutr nf An:hirects cunfer any further righw tc� rcpn�duce G7p VC,1ix. . � . . A linuccd )icensr is hrteby �ranred tc� rrpit purrhasers to rrpre�dure a ma�irpum of cen �prles �f a campleted ur zxecutr�i. G7U1K;.'�ia, buc nnly for usr )n cc�nnecdon �ich a pardcular Projrrc. � B. COMPLETING THE G701/CMa FORP11 � 1. Description oi Change In tt�e Contract • • . lnsci�t a derailed dc5cription nf �e ch:tnge m be macie in thc Ce�ncract by chis Ch�n�c Ord�r. inciudln� any Dr.�win�.5peri�ica- tions� clorumznts ��r t�ther sup�c�rtin� ciata u� cl:uify tht ecc�pr of thr ch:u�gc. � 2. Determinat�an of Costs _ � . � ' ' ; In�crt �die follc�win� ii�ri�rmation in thc blanks pn�viciecl, and xtrlke c�ur the trrn�s iri parrnthes� t1��c dn n��t ap}�ly: ' a) rh� original Concract Sum or Guaranteeii biaximum Pitice; •' ' ' ' . h) Che a�t �han�r by previousip aucliarv�d Change Oreler (nutr th�c rhis e1neS not inciude ehan�cs authurin�cl by Con- struction Chan�z Dirrcrive unic�s such a rhanGc w y5 suhsc.�uendy agrrrd tc� l�y chr Contra�^tar 3nci tccorcied as a CUsngr � Ordrt); s • . ' c) rh� Cautract 5um or Guxranrced l4iasimum Prire pdnr �o chi� Chan�• Ordcr; • cl) �he •rmaunt af in��rc�sc ar circr��.g�. if an}, In ch� Coacract 5um c�r Gu3r.�n�ecd :►�ximum Price; and � ' r) the ncw Gontract � um ar Gusrsntecd ;liasimum Pric�r a.ti �d{usted by thu Change t�rder. 3. Cfiange In Contract T'1me • � ', In�rrt th� fr�ilnwin,t tnft�rmact�n in the blxn�s pro��idcd. �nd xtrikr out chc tcrms in Fr.�r��nthc5cc chac dc�. n��t apply�: a) in numher of r.tays, the Mcrrase or des:reasr. i� ariy, 1n ehe C.ontr.ut T1mr; incl h) chc date of Suh.Stant�l Camplericm, inciudtng any aclJustmtnt effrrted by this C:han� Oceicr. . . . �. EXECUTION OF THE DOGYJMENT •� I' . � . � i �Vhca th< <hvnrr, C.oustruetion M�na�,�cr, Arct�i�e� •rna C.ancracr��r h:�vt ruchctf �rc�•m�nt cm thc rfiange to be raa�le in ch� � , Ctintr.��t, lncludin�; aay ad�v,5tment� in thC Ce�ntraiK Sum (ar Guarantced .I+LKximum Prlcr) and Cnntrart Tlmr, thr G701/C�ta dacumer►t.shc�ulcl he rxecut«t in qu�iruplIrstr h?• the tw� partic�s, che (;pn,�tructic�n �tan�cr an�! Arcliitcct, e�ch oF wham cctain.� :u� tiri�;lnal, • ' ' . . , �Q7 . I . Prh�lrrl w� l�rc7�� Pty►c� ' � . ! . . Asprinkd t/9� ' . � . • � ' � ♦ � ��� � B(),,SSARD'!' CORPORA'lIpN . Professional ConstrucYiors Services CfiLBBRATING�YEARS 5270 West 84" St2et, Suite #550 Minneapois, Minnesota55437 Change Order Valleywood Clubhouse Project # 7104 Tel: Fax: Date: 2/22/2012 Contractor: Architect's Project No: Schammel Electric, Inc. Contract Date� 4101 Nicols Road, Suite 105 Contract Number: 2600 Eagan, MN 55121 Change Order Number: 001 The Contract is hereby revised by the following items: PCO ltem # Description Amount PR#006 A01 Provide charging station, material and lighting revisions as _ (12,878) outlined in PR #6 PR#010 004 Provide a domestic water solenoid valve with fire alarm 1,182 connection & provide radiation at restrooms in lieu of in floor heat The original Contract (s) Value was ........................................................................................ 229,000 Sum of changes by prior Change Orders ................................................................................. o The Contract Value prior to this Change Order was ........................................................... 229,000 The Contract Value will be changed by this Change Order in the amount of .............................. (11,696) The new Contract Value including this Change Order will be ........................................... 217,304 The Contract duration will be changed by ............................................................................... 0 Days The revised Substantiai Compietion date as of this Change Order is .................................... Pro/og Manager Printed on: 2/22/2012 Bossardt Page 1 � , PERSONNEL REPORT ` •� March 22, 2012 � EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Last Pay Pay Pay Date Name Name Action Positian Status Dept. Rate Type Scale (on or abouta Alex Baird Rehire Maintenance I 5easonal 1710 $ 10.47 Hourly SM1 5/14/2012 Grant Criger Rehire Maintenance I Seasonai 1710 $ 10.47 Hourly SM1 5/14/2012 Jana Criger Rehire Maintenance I Seasonal 1710 $ 11.13 Hourly SM1 4/23/2012 Josh Freese Rehire Maintenance I Seasonal 1710 $ 10.81 Hourly SM1 5/14/2012 Golf Course Ryan Hoese Rehire Attendant Seasonal 5105 $ 8.06 Hourly A 4/23/2012 Mitch Jacobson Rehire Maintenance I Seasonal 1600 $ 11.13 Hourly SM1 5/14/2012 Accept Kevin Kain Resignation Liquor Store Clerk Part-time 5020 4/7/2012 Bradley Kolle Termination Maintenance II Full-Time 1600 3/13/2012 Brian Osendorf Rehire Maintenance I Seasonal 1710 $ 11.13 Hourly SM1 3/23/2012 Matthew Pilcher Rehire Maintenance I Seasonal 1600 $ 11,13 Hourly SM1 5/14/2012 Michael Ryan Rehire Maintenance I Seasonal 1710 $ 11.13 Hourly SM1 5/14/2012 Nathan Sjulstad Rehire Maintenance II Seasonal 5105 $ 11.99 Hourly SM2 4/10/2012 City of Apple Valley Human Resources Page 1 of 1 ... S. !� .... l �. Z ::::• �. ... City of App�e Valley MEMO Finance Department TO: Mayor, City Council, and Tom Lawell, City Administrator FROM: Ron Hedberg, Finance Director DATE: March 18, 2012 SUBJECT: Conduct Public Hearing to Consider Amendments to the Master Development District to include TIF District 14 and modifying TIF District 7 and 13 to reflect the expanded Master Development District Adopt Resolution Approving Amendments to Master Development Program for Master Development District, Tax Increment Financing Amendments and the Establishment of Tax Increment Financing District No. 14 and Approving the Tax Increment Financing Plan Therefor Introduction The City Council has previously set March 22, 2012 as the date to conduct a public hearing to consider amendments to the Master Development District to include a new district, Na 14 Valley Business Park and to modify the TIF Plans for districts number 7 and 13 to reflect the expanded modified Master Development District. The City has also received an application for TIF assistance from SPOWD Development (represented by Hebert and Associates) for their project in the Valley Business Park, the area adjacent to the 147�' St extension project, east of Flagstaff and west of Johnny Cake Ridge Road. The timing of this project is expected to begin along with the anticipated construction of 147�' St between Flagstaff and Johnny Cake. The Master Development District should be amended to include any new districts that are contemplated. Mary Ippel, Bond Counsel and our attorney for TIF related activity has indicated that recent interpretations from the State Auditor's office also include that when the Master Development Districts are expanded, the individual TIF plans for each of the Districts should be amended. In February 2010 the master Development District was enlarged but the individual TIF District plans were not amended to include the expanded area. This action on the Master Development District includes amending Districts 7 and 13 to reflect the expanded Master Development District. If the modifications are approved and district no. 14 is created, the Development Assistance Agreement with SPOWD Development, LLC would be brought back to the City Council at a future meeting. Discussion: The project includes the development of 21 acres, which will be comprised of two separate phases including four buildings, totaling 200,000 square feet of office/ show room/ warehouse. The total development costs are estimated to be $13,930,000. The assistance requested by the developer is to offset the anticipated special assessments related to the construction of 147�' St and Flagstaff Court. Flagstaff Court would be constructed during the first phase of the project and would serve only the four properties ultimately constructed on the site. 147�' Street, Flagstaff to Johnny Cake, would be completed and serve as the Ring Route connection. Because of the site layout and the plans by the developer to construct the northern two buildings first it is necessary to construct both Flagstaff Court and 147 Street at the same time. The property was purchased by SPOWD Development and is encumbered by an agreement between the City and the property owner that calls for the City to construct 147�` street by 2015 and in turn calls for the assessment of the road costs to be levied against the SPOWD Development parcels. The agreement also called for the costs to be assessed for the portion of the assessable cost related to the Magellan parcel against the SPOWD Development parcel. The preliminary special assessment amounts far 147�' Street are $1,300,000 and the cost for Flagstaff Court is approximately $800,000, for a total of $2,100,000 in road costs. The attached proforma shows that the costs for 147�' Street would be assessed and the costs for Flagstaff court would be financed by the developer. The developer has requested that the repayment of the special assessments be structured around the timing of the Taa� Increments that would be generated from the project, this results in the inclusion of capitalized interest of $50,000 in the financing costs. The developer would be reimbursed TIF eligible costs for the mechanism of a TIF developer note, and any repayments would be restricted to the available increment generated and assuming full development would generate approximately $1,699,000 towards reimbursement of eligible costs. The TIF plan would be set up as a pay as you go district, with the costs incurred secured by the property in the form of a special assessment levied against the property. The available increment would be the amounts generated from the project less 10% to provide for administrative costs incurred by the City and the amounts deducted by the State Auditor. Based on the value of the development of $70 per square foot for phase I and $73.50 for phase II the project as contemplated would generate taaL increment of approximately $926,000 on the first phase and $773,000 in the second phase, a total of $1,699,000, assuming both phases are completed. The first phase of the project would commence in early 2012 and the second phase would be in 2014. Recap of SPOWD Development costs associated with the construction of 147 and FlagstaffCt: Phase I Phase II Total Tax Increment Generated $ 926,000 $ 773,000 $ 1,699,000 Project Costs: 147�' Street (1,300,000) � -0- (1,300,000) Flagstaff Court ( 800,000) -0- ( 800,000) Assessment Financing costs ( 280,000) -0- ( 280,000 Total Assessment Costs (2,380,000) -0- ( 2,380,000) Remaining Gap between Developer Request and Revenues Generated from the Project (1,454,000) 773,000 ( 681,000) Because of the timing of the road construction and the timing of each of the phases there remains a significant gap and the developer would be assuming the risk of the development occurring within a time frame that generates resources to cover the project costs. For example, if only phase I is completed the remaining gap is $1,454,000. Mark Hebert, representing SPOWD Development, has indicated that this is too much risk for them to take and has requested that additional assistance be provided from outside this project. City Staff is still in negotiations for the easement acquisition and determining the final amounts of assistance. Staff Recommendation Following the conclusion of the public hearing, Staff recommends the adoption of the attached resolution approving modifications to the Master Development District including modifications to the TIF plans for district no. 7 and no. 13 and the creation of district no. 14. Action Re uested: � � • Conduct public hearing on modification to Master Development District • Adopt Resolution Approving Amendments to Master Development Program for Master Development District, Tax Increment Financing Amendments and the Establishment of Tax Increment Financing District No. 14 and Approving the Tax Increment Financing Plan Therefor EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, MINNESOTA March 22, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, was duly called and held on the 22 day of March, 2012, at 7:00 p.m. The following members of the Council were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AMENDMENTS TO MASTER DEVELOPMENT PROGRAM FOR MASTER DEVELOPMENT DISTRICT, TAX 1NCREMENT FINANCING AMENDMENTS AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 14 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED by the City Council (the "Council") of the City of Apple Valley, Minnesota (the "City"), as follows: Section 1. Recitals 1.01. It has been proposed by the Apple Valley Economic Development Authority (tlie "EDA") that the EDA amend the Master Development Program for the EDA's Apple Valley Master Development District (the "Development District") to reflect increased public development and redevelopment costs and activities, amend the tax increment financing plans � for Tax Increment Financing Districts No. 7 and 13 heretofore established within the Development District, and establish Tax Increment Financing Distriet No. 14 within the Development District and approve its tax increment financing plan, all pursuant to the applicable provisions of Minnesota Statutes, Sections 469.174 through 469.1799 (the "Act"), and all as reflected in that certain document entitled in part "Amendments Relating to Apple Valley Master Development District," dated as of March 22, 2012 (the "Program"), and presented for the Council's consideration. 1.02. The Council has investigated the facts relating to the Program. 1.03. The City has performed certain actions prior to the adoption and approval of the Program, including (i) 30 days' prior notification of the County and School Board, (ii) a review by the City Planning Commission of the Program, and (iii) the holding of a public hearing 4531960v1 thereon following at least 10 but not more than 30 days' prior published notice thereof, as required by law. 1.04. Certain written reports (the "Reports") relating to the Program and to the activities contemplated therein have heretofore been prepared and submitted to the Council and/or made a part of the City or EDA files and proceedings on the Program. The Reports include data, information and/or substantiation constituting or relating to (1) the "studies and analyses" on why the new Tax Increment Financing District No. 14 meets the so-called "but for" test and (2) the bases for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. Section 2. Approval of Amendments to the Master Development Program and Modifications to the Tax Increment Financin� Plans for Tax Increment Financing Districts No. 7 and 13. The amendments to the Master Development Program for the Apple Valley Master Development District, and the Modifications to the Tax Increment Financing Plans for Tax Increment Financing Districts No. 7 and 13 are hereby approved, established and adopted. Section 3. TIF District No. 14. There is hereby established in the City within the Master Development District, TaY Increment Financing District No. 14 therein ("TIF District No. 14"), the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan (the "TIF Plan") therefor. Section 4. Tax Increment Financin�Plan. The TIF Plan is adopted as the tax increment financing plan for the TIF District, and the City Council makes the following findings: 4.01. The TIF District is an economic development district as defined in Minnesota Statutes, Section 469.174, Subd. 12, the specific basis for such determination being that the construction of not less than two commercial buildings in the Valley Business Campus by Spowd Development, LLC will increase employment in the State, help prevent the emergence of blight and result in the preservation and enhancement of the tax base of the State and is in the public interest and pursuant to Minnesota Statutes, Section 469.176, Subdivision 4c(d): "It will create or retain jobs in this state, including. construction jobs, and that construction of the project would not have commenced before July 1, 2012, without the authority providing assistance. Construction of the project will begin no later than July 1, 2012; the request for certification of the district will be made no later than June 20, 2012." 4.02. The proposed development in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that: (i) Spowd Development, LLC has represented to the City that private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that this and other development by private enterprise will occur within the Development District. 2 4531960v1 (ii) A comparative analysis of estimated market values both with and without establishment of TIF District No. 14 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit F of the TIF Plan, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the TIF District and the use of tax increments. 4.03. In the opinion of the City Council, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected taY increments for the maximum duration of TIF District No. 14 permitted by the TIF Plan. The reasons supporting this finding are that: (i) The estimated amount by which the market value of the site will increase without the use of tax increment financing is $293,447 (from $1,100,000 to $1,393,447); (ii) The estimated increase in the market value that will result from the development to be assisted with tax increment financing is $15,900,000 (from $1,100,000 to $17,000,000); and (iii) The present value of the projected tax increments for the maximum duration of the district permitted by the tax increment financing plan is $2,340,561. 4.04. The TIF Plan for TIF District No. 14 conforms to the general plan for development or redevelopment of the City of Apple Valley as a whole. The reasons for supporting this finding are that: (i) TIF District No. 14 is properly zoned; and (ii) The TIF Plan will generally compliment and serve to implement policies adopted by the City. 4.05. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redeveloprnent of the Development District by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within the Development District. Section 5. Public Pur�ose. The adoption of the Program, as amended, for the Development District, the amendments to the Tax Increment Financing Plans for Tax Increment Financing Districts No. 7 and 13, and the adoption of the TIF Plan for TIF District No. 14 therein conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide employment opporiunities to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 3 4531960v1 � Section 6. Certification. The Auditor of Dakota County is requested to certify the original net tax capacity of TIF District No. 14 as described in the TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Administrator is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within TIF District No. 14 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. Section 7. Filin�. The City Administrator is further authorized and directed to file a copy of the Program and TIF Plan for TIF District No. 14 with the Commissioner of Revenue and the Office of the State Auditor. Section 8. Interfund Loan. The City has determined to pay for certain costs (the "Qualified Costs") identified in the TIF Plan for TIF District No. 14 consisting of certain administrative expenses, which costs may be financed on a temparary basis from the City's general fund or any other fund from which such advances may be legally made (the "Fund"). Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the Fund in order to finance the Qualified Costs. The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments derived from TIF District No. 14 in accordance with the following terms (which terms are referred to collectively as the "Interfund Loan"): (a) The City shall repay to the Fund from which the Qualified Costs are initially paid, the principal amount of $2,690,000 (or, if less, the amount actually paid from such fund) together with interest at 2.00% per annum (which is not more than the greater of (i) the rate specified under Minnesota Statutes, Section 270.75, or (ii) the rate specified under Minnesota Statutes, Section 549.09) from the date of the payment. (b) Principal and interest on the Interfund Loan ("Payments") shall be paid semi- annually on each February 1 and August 1 commencing with the first February 1 or August 1 occurring after the date the tax increments from TIF District No. 14 are available and not otherwise pledged to and including the earlier of (a) the date the principal and accrued interest of the Interfund Loan is paid in full, or (b) the date of last receipt of tax increment from TIF District No. 14 ("Payment Dates") which Payments will be made in the amount and only to the extent of Available Tax Increment as hereinafter defined. Payments shall be applied first to accrued interest, and then to unpaid principal. (c) Payments on the Interfund Loan are payable solely from "Available Tax Increments" which shall mean, on each Payment Date, all of the tax increment generated in the preceding six (6) months with respect to the Development Property within TIF District No. 14 and remitted to the City by Dakota County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799. Payments on this Interfund Loan are subordinate to any outstanding or future bonds, z�otes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 4 4531960v1 (d) The principal sum and all accrued interest payable under this Interfund Loan are pre-payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e) The Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the termination of the TIF District. (� The City may amend the terms of the Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Councilmember moved the adoption of the foregoing resolution, and said motion was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly adopted. Adopted on March 22, 2012 by the Apple Valley City Council. Mary Harmann-Roland, Mayor Attest: Pamela Gackstetter, City Clerk 5 4531960v1 CITY CLERK'S CERTIFICATE I, the undersigned, being the duly qualified and acting City Clerk of the City of Apple Valley, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a duly called and regularly held meeting of the City Council of said City held on March 22, 2012, with the original minutes thereof on file in my office and I further certify that the same is a full, true, and correct transcript thereof insofar as said minutes relate to the tax increment and related actions referenced therein with respect to the Apple Valley Master Development District of the Apple Valley EDA. WITNESS My hand officially and the official seal of the City this day of March, 2012. City Clerk Apple Valley, Minnesota (SEAL) 4531960v1 Amendments Relating to the Apple Valley Master Master Development District of the Apple Valley Economic Development Authority, Including Amendment of its Master Development Program and Amendment of Ta� Increment Financing Plans for Tax Increment Financing District No. 7 and for Tax Increment District No. 13 and Establishment of Tax Increment Financing District Na 14 and Approval of its Tax Increment Financing Plan March 22, 2012 This document was drafted by: Briggs and Morgan (MLI) 2200 First National Bank Building 332 Minnesota Street Saint Paul, Minnesota 55101 Tel: (651) 808-6600 Fax: (651) 808-6450 With Financial Information provided by: Northland Securities, Inc. 45 South 7�' Street Suite 2000 Minneapolis, Minnesota 55402 4504860v2 SECTION I AMENDMENT OF MASTER DEVELOPMENT PROGRAM FOR APPLE VALLEY MASTER DEVELOPMENT DISTRICT Section 1.01 Definitions. The terms defined below, for purposes hereof, shall have the following respective meanings, unless the context specifically requires otherwise. As used herein, the term "development" includes redevelopment, and the term "developing" includes redeveloping. "Citv" means the City of Apple Valley, Minnesota. "Council" means the City Council of the City, its governing body. "Countv" means Dakota County, Minnesota. "EDA" means the Apple Valley Economic Development Authority. "Enablin� Act" means Minnesota Statutes, Sections 469.090 to 469.108, and all powers and statutes referenced therein, including Minnesota Statutes, Sections 469.001 through 469.047 and 469.124 through 469.134. "Master Development District" means the Apple Valley Master Development District, as established on May 18, 1990, including without limitation the areas of the City encompassed therein, and constituting initially a consolidation of Master Development District Nos. 1 and 2, as said Master Development District has been or may be amended; as shown on Exhibit A attached hereta "Master Development District No. 1" means that certain Master Development District of the City established on October 14, 1982, pursuant to Council Resolution No. 1982-133, as amended. "Master Development District No. 2" means that certain Master Development District of the City originally established as Master Development District No. 1 on July 14, 1983, pursuant to Council Resolution No. 1983-99 (which Master Development District was redesignated from "No. 1" to "No. 2" on September 13, 1984), as amended. "Master Development Pro _�" means the Master Development Program adopted on May 18, 1990, for the development of the Master Development District, constituting initially an integration of Master Development Program Nos. 1 and 2, as said Master Development Program has been, is hereby or may be amended. "Master Development Program No. 1" means the Master Development Program for Master Development District No. l, as originally adopted on October 14, 1982, pursuant to Council Resolution No. 1982-133, as amended. 1 4504860v2 "Master Development ProQram No. 2" means the Master Development Program for Master Development District No. 2, as originally adopted on July 14, 1983, pursuant to Council Resolution No. 1983-99, as amended. "Pro�ect Area" means the real property within the City constituting the Master Development District, which includes all areas within the corporate limits of the City. "Public Costs" means the repayment of debt service on any Tax Increment Bonds, the Costs set forth in Section 1.03, 4.05 and 4.14 of the Tax Increment Financing Plan for Tax Increment Financing District No. 14, and any other costs eligible to be financed by Tax Increments under Minnesota Statutes, Section 469.176, Subdivision 4. " State " means the State of Minnesota. "Tax Increment District" means any tax increment financing district established pursuant to the Tax Increment Act within the Master Development District, as amended. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179, as amended. "Tax Increment Bonds" means any tax increment bonds issued by the City to finance the Public Costs of the Master Development District as stated in the Master Development Program and in the Tax Increment Financing Plan for Tax Increment Financing District No. 14, and any obligations issued to refund such bonds. "Tax Increment Plans" means the respective tax increment financing plans adopted pursuant to the Tax Increment Act for the Tax Increment Districts, respectively, as amended. Section 1.02 Backpround and Purposes. The City established Master Development District Nos. 1 and 2 and adopted their respective Master Development Program Nos. 1 and 2 pursuant to the Minnesota Municipal Master Development District Act, formerly codified as Minnesota Statutes, Chapter 472A, and now codified in Minnesota Statutes, Sections 469.124 through 469.134, and the City established a certain Tax Increment District within Master Development District No. 1 and adopted its Tax Increment Plan pursuant to the T� Increment Act. The City has also established Tax Increment Financing District Nos. 1 through 13 within Master Development District No. 2 and adopted their respective Tax Increment Plans pursuant to the Tax Increment Act. Additional Tax Increment Districts have been established within the Master Development District. On May 18, 1990, the following actions were taken by the City: (1) The Master Development District was established as initially the consolidation of Master Development District Nos. 1 and 2, each project area being expanded to become coterminous with the other. (2) The Master Development Program was adopted, constituting initially the integration of Master Development Program Nos. 1 and 2. 2 4504860v2 (3) The Master Development District was enlarged and it was further provided that such enlargement, together with every future enlargement thereof, would constitute and be deemed to be an enlargement of both Master Development District Nos. 1 and 2. (4) The Master Development Program was amended to include additional public development goals, activities, and costs and it was further provided that said amendment, together with every future amendment thereof, would constitute and be deemed to be an amendment of both Master Development Program Nos. 1 and 2. Pursuant to the Enabling Act, and pursuant to the Council's Resolution No. 1990-15, adopted on January 1 l, 1990, the City established the EDA and, pursuant to the Council's Resolution No. 1990-40, adopted on February 8, 1990, the City authorized the EDA to assume the management, operation, control, and authority of the City's Master Development District (including all Tax Increment Districts therein and their related Tax Increment Plans), as such transfer and assumption are allowed and permitted pursuant to Minnesota Statutes, Section 469.094. On February 8, 1990, the EDA adopted its Resolution No. EDA-90-4, which accepted such responsibility and control of the Master Development District, the Master Development Program, and the Tax Increment Districts and Plans. Subsequent to the establishment of the Master Development District and the adoption of its Master Development Program, the EDA and the Council have approved a number of amendments and supplements to the Master Development District, the Master Development Program, and the Tax Increment Districts and Plans, respectively, including without limitation certain amendments approved on December 10, 1992, pursuant to which the Master Development Program was designated as and found to constitute a"redevelopment plan" within the meaning of Minnesota Statutes, Section 469.002, Subdivision 16, and the Master Development District was designated as and found to constitute a"redevelopment project" within the meaning of Minnesota Statutes, Section 469.002, Subdivision 14. On March 11, 2010 the Master Development District was enlarged and the Master Development Program was amended to reflect additional goals, objectives and activities. Section 1.03 Amendment of Master Development ProQram. The Master Development Program is hereby amended to (i) include the modification to the budget of the Tax Increment Financing Plan for Tax Increment Financing District No. 1 adopted by the EDA in 2011 and the City in 2012; (ii) the modification to the budget of the Tax Increment Financing Plan for Tax Increment Financing District No. 7 adopted by the EDA and the City in 2011; (iii) the modification to the budget of the Tax Increment Financing plan for Tax Increment Financing District No. 13 adopted by the EDA and the City in 2011. The Master Development Program is hereby amended to include the estimated and additional public improvement and development goals, activities and costs described in Section IV. These costs are anticipated to be made or incurred within the Project Area and financed in whole or in part by tax increment or other revenues available to the EDA and/or the City. In addition, the EDA intends to pay from available tax increment such qualifying administrative costs as may be permitted by but subject to the applicable limitations provided in the Tax Increment Act. 3 4504860v2 SECTION II AMENDMENT OF TAX INCREMENT PLAN FOR TAX 1NCREMENT FINANCING DISTRICT NO. 7 Section 2.01 Amendment of Tax Increment Plan for Tax Increment Financing District No. 7. The Tax Increment Plan of Tax Increment Financing District No. 7 heretofore established within the Project Area is hereby amended to incorporate the enlargement of the Master Development District, previously approved by the City and the Authority on March 1 l, 2010 and incorporate all development goals, activities, and expenses herein or heretofore incorporated into the Master Development Program or into any of the individual Tax Increment Plans, including without limitation the budgets and purposes described in Sections 1.03 hereof. 4 asoas6o�2 SECTION III AMENDMENT OF TAX INCREMENT PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13 Section 3.01 Amendment of Tax Increment Plan for Tax Increment Financin� District No. 13. The Tax Increment Plan of Tax Increment Financing District No. 13 heretofore established within the Project Area is hereby amended to incorporate the enlargement of the Master Development District, previously approved by the City and the Authority on March 11, 2010 and incorporate all development goals, activities, and expenses herein or heretofore incorporated into the Master Development Program or into any of the individual Tax Increment Plans, including without limitation the budgets and purposes described in Sections 1.03 hereof. 5 4504860v2 SECTION IV THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 14 Section 4.01 Parcel( to be Included in Tax Increment Financin� District No. 14 Tax Increment Financing District No. 14 is described on the attached Exhibit B and includes the parcel identification number(s) or legal description and adjacent rights-of-way set forth on the attached Exhibit B . Section 4.02 Propertv to be Acquired. The City reserves the right to acquire any property within Tax Increment Financing District No. 14. Section 4.03 Statement of Obiectives• Development Activitv in the Master Development District for Which Contracts Have Been Sig.�ed. Tax Increment Financing District No. 14 is being established to achieve the objectives of the Master Development Program. The City intends to enter into a development agreement with respect to the construction of four commercial buildings in the Valley Business Campus to be developed within Tax Increment Financing District No. 14 (the "Project"}. No contract has been signed prior to the establishment of Tax Increment Financing District No. 14. Section 4.04 Other Specific Development Expected to Occur within the Master Development District. It is anticipated that development will occur within the Master Development District. Additional development may occur in the Master Development District in the future; however, no contracts have been entered into at this time with respect to such development. The nature and timing of further development cannot accurately be predicted at this time. Section 4.05 Estimated Public Costs. The estimated total Public Costs to be paid from Tax Increments is described in Exhibit C . Section 4.06 Estimated Amount of Bonded Indebtedness. It is anticipated that Tax Increment Bonds will not be issued to finance the estimated Public Costs of the Master Development Program. The City intends to use tax increment financing on a pay-as-you-go basis to reimburse the developer for costs of public improvements and site improvements related to the Project. The City, however, reserves the right to issue bonds estimated not to exceed $3,100,000 to finance said project costs. . Section 4.07 Sources of Revenue. The revenues to pay the Public Costs of the Master Development District are the proceeds of the Tax Increments, Tax Increment Bonds and any other available sources of revenue, including interfund loans, which the City may apply to pay Public Costs. Section 4.08 Estimated Recent Net Tax Capacitv. The estimated net tax capacity of all taxable property in Tax Increment Financing District No. 14 as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 2012 with respect to the net tax capacity of such property as of January 2, 2011, for taxes payable in 2012 is estimated to be $11,000. 6 4504860v2 Section 4.09 Estimated Captured Net Tax Capacitv and Computation of Tax Increment. Each year the County Auditor will measure the amount of increase or decrease in the total net tax capacity value of Tax Increment Financing District No. 14 to calculate the Tax Increments payable to the City. In any year in which there is an increase in total net tax capacity in Tax Increment Financing District No. 14 above the original net tax capacity, Tax Increments will be payable to the City. In any year in which the total net tax capacity in Tax Increment Financing District No. 14 declines below the net tax capacity, no net tax capacity will be captured and no tax increment will be payable. The County Auditor shall certify in each year after the date the original net tax capacity was certified, the amount the net tax capacity has increased or decreased as a result of (1) change in tax exempt status of property; (2) reduction or enlargement of the geographic boundaries of the district; (3) change due to stipulations, adjustments, negotiated or court-ordered abatements; (4) change in the use of the property and classification; (5) change in state law governing class rates; and (6) change in connection with previously issued building permits. Upon completion of the development expected to occur in Tax Increment Financing District No. 14 the City estimates the net tax capacity of taxable property in Tax Increment Financing District No. 14 will be approximately $278,500. The captured net tax capacity upon completion of development is expected to be approximately $257,250. The Tax Increments may be captured for up to eight (8) years from receipt of the first Tax Increments or until the Public Costs described in the Tax Increment Financing Plan have been paid. The City determines that 100% of the available increase in net tax capacity from Tax Increment Financing District No. 14 shall be used for the payment of Public Costs of the Master Development District in accordance with the Master Development Program and Tax Increment Financing Plan. Section 4.10 Type of Tax Increment Financin� District. Pursuant to Section 469.176, Subdivision 4c (d) of the Act, the City has determined that Tax Increment Financing District No. 14 qualifies as an "economic development district" because: "It will create or retain jobs in this state, including construction jobs, and that construction of the project would not have commenced before July 1, 2012, without the authority providing assistance. Construction of the project will begin no later than July l, 2012; the request for certification of the district will be made no later than June 30, 2012." 7 4504860v2 Section 4.11 Duration of Tax Increment Financin� District No. 14. The Act allows "economic development districts" to remain in existence for a period of 8 years from the receipt of the first Tax Increments. Section 4.12 Estimated Impact of Tax Increment Financing. The estimated impact of Tax Increment Financing District No. 14 on the other taxing jurisdictions is set forth on Exhibit D. In accordance with Minnesota Statutes, Section 469.175, Subdivision 1, clause (6), alternative estimates of the impact have been made, assuming in one case that the captured net tax capacity would be available without creation of the district and in the other case that none of the captured net tax capacity would be available without creating the district. The details are set forth on Exhibit F . In accordance with Minnesota Statutes, Section 469.175, Subdivision 2, clause (b), the fiscal and economic implications of the district are set forth on Exhibit E. The overall impact on the general finances of the City, related to the district, is expected to be minimal. The Project is the construction of two buildings of approximately 50,000 square feet per building and the potential construction of two additional buildings of approximately 100,000 square feet for both buildings. It is the opinion of the City that police and fire protection services can be provided to the district with no identifiable budget impacts or the direct need for any additional capital equipment. Public improvements consisting of street and utility improvements will be constructed by the City and specially assessed to the developer undertaking the construction of the Project. The Tax Increments will be used to reimburse the developer for the costs of the public improvements to be constructed within Tax Increment Financing District No. 14. There is no impact on the City's ability to issue future debt or on the City's debt limit. Section 4.13 Cash Flow and Other Financial Analvsis. See E�chibit G attached hereto. Section 4.14 Use of Tax Increment. The City hereby determines that it will use 100% of the captured net tax capacity of taxable property located in Tax Increment Financing District No. 14 for the following activities: (1) To pay principal and interest on the Tax Increment Bonds. (2) To pay principal and interest on any loans, advances or other payments made to the City or for the benefit of the Master Development District by the developer. (3) To finance or otherwise pay Public Costs of the Master Development District. (4) To finance or otherwise pay premiums and other costs for insurance, credit enhancement, or other security guaranteeing the payment when due of principal and interest on the Tax Increment Bonds or bonds issued pursuant to the Ta�c Increment Financing Plan or pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.1651, or both. (5) To accumulate or maintain a reserve securing the payment when due of the principal and interest on the Tax Increment Bonds or bonds issued pursuant to 8 4504860v2 Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.1651, or both. (b) To pay or finance Public Costs described in the Master Development Program and Tax Increment Financing Plan. (7) To finance other Public Costs as may be allowed by the Tax Increment Financing Act. These revenues shall not be used to circumvent levy limitations applicable to the City nor for other purposes prohibited by Section 469.176, Subdivision 4 of the Tax Increment Financing Act. Section 4.15 Prior Planned Ixnprovements. The City shall, after due and diligent search, accompany its request for certification to the County Auditor with a listing of all properties within Tax Increment Financing District No. 14 for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the City. The County Auditor shall increase the original net tax capacity of Tax Increment Financing District No. 14 by the net tax capacity of the improvements for which the building permit was issued. Section 4.16 Modifications of Tax Increment Financin� Districts. In accordance with Minnesota Statutes, Section 469.175, Subdivision 4, any reduction or enlargement of the geographic area of the Master Development District or Tax Increment Financing District No. 14, increase in amount of bonded indebtedness to be incurred, including a determination to increase the amount of capitalized interest on debt to be paid on the Tax Increment Bonds over the amount shown in this Tax Increment Financing Plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase the portion of the captured net tax capacity to be retained by the City, increase in total estimated Public Costs or designation of additional property to be acquired by the City shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the Tax Increment Financing Plan. The geographic area of a Tax Increment Financing District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If an economic Master Development District is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of section 469.174, subdivision 11, must be documented. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcels from the project or district and (2)(A) the current tax capacity of the parcels eliminated from the district equals or exceeds the tax capacity of those parcels in the district's original tax capacity or (B) the authority agrees that, notwithstanding Section 469.177, subdivision 1, the original tax capacity will be reduced by no more than the current tax capacity of the parcels eliminated from the district. The authority must notify the county auditor of any modification that reduces or enlarges the geographic area of a district or a project area. Section 4.17 Limitation on Administrative Expenses. In accordance with Minnesota Statutes, Section 469.174, Subdivision 14 and Minnesota Statutes, Section 469.176, Subdivision 3, administrative expenses means all expenditures of an authority other than (1) amounts paid for 9 4504860v2 the purchase of land; (2) amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; (3) relocation benefits paid to or services provided for persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). For districts for which the requests for certifications were made before August 1, 1979, or after June 30, 1982, administrative expenses includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No Tax Increments shall be used to pay any administrative expenses for a project which exceed ten percent of the total expenditures authorized by the Tax Increment Financing Plan or the total project costs, whichever is less. Section 4.18 Limitation on Qualification of Property in Tax Increment Financing Districts Not Subiect to Improvement. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 6, "if, after four years from the date of certification of the original net tax capacity of the Tax Increment Financing District..., no demolition, rehabilitation or reno�ation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a Tax Increment Financing District by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the Tax Increment Financing District. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced, and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the Tax Increment Financing District." The City must submit to the county auditor evidence that the required activity has taken place for each parcel in the Tax Increment Financing District. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certified as included in the district. Section 4.19 Excess Tax Increments. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 2, in any year in which the T� Increments exceed the amount necessary to pay the Public Costs authorized by the Master Development Program and Tax Increment Financing Plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, Subdivision 3, the City shall use the excess amount to: (1) prepay the outstanding Tax Increment Bonds; (2) discharge the pledge of Tax Increments thereto; (3) pay into an escrow account dedicated to the payment of the Tax Increment Bonds; or 10 4504860v2 (4) return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their respective tax capacity rates. In addition, the City may, subject to the limitations set forth herein (in particular in Section 4.25), choose to modify the Tax Increment Financing Plan as described in Article IV, in order to finance additional Public Costs of the Master Development District. Section 4.20 Administration of Tax Increment Financin� District No. 14. Administration of Tax Increment Financing District will be handled by the Executive Director of the EDA. The Tax Increments received as a result of increases in the net tax capacity of Tax Increment Financing District No. 14 will be maintained in a special account separate from all other municipal accounts and expended only upon municipal activities identified in the Master Development Program and Tax Increment Financing Plan. Section 4.21 Annual Disclosure and Financial Reportin� Requirements. The City (by August 15) shall publish an annual statement as required under Minnesota Statutes, Section 469.175, Subdivision 5 showing for Tax Increment Financing District No. 14 the information required to be reported under Subdivision 6, paragraph (c), clauses (1), (2), (3), (11), (12), (20), and (21); the amounts of Tax Increment received and expended in the reporting period; and any additional information the City deems necessary. In addition, pursuant to Minnesota Statutes, Section 469.175, Subdivision 5, the City must provide the County Board, the County Auditor and the State Auditor on or before August 1 of the year in which the statement must be published a copy of the annual statement. Pursuant to Minnesota Statutes, Section 469.175, Subdivision 6, the City must file with the State Auditor on or before August l, an annual financial report for Tax Increment Financing District No. 14. The report shall also be filed by the City with the County Auditor. The report shall: (1) Provide for full disclosure of the sources and uses of Tax Increments of Tax Increment Financing District No. 14; (2) Permit comparison and reconciliation with the affected City's accounts and financial reports; (3) Permit auditing of the funds expended on behalf of Tax Increment Financing District No. 14, including a single district that is part of a multidistrict project or that is funded in part or whole through the use of a development account funded with tax increments from other Tax Increment Financing Districts or with other public money; and (4) Be consistent with generally accepted accounting principles. In addition, the report shall contain the following information: 11 4504860v2 (5) The original net tax capacity of Tax Increment Financing District No. 14 and any district under Section 469.177, Subdivision l; (6) The net tax capacity for the reporting period of Tax Increment Financing District No. 14 and any subdistrict; (7) The captured net tax capacity of Tax Increment Financing District No. 14; (8) Any fiscal disparity deduction from the captured net tax capacity under Section 469.177, Subdivision 3; (9) The captured net tax capacity retained for tax increment financing under Section 469.177, Subdivision 2, paragraph (a), clause (l); (10) Any captured net tax capacity distributed among affected taxing districts under Section 469.177, Subdivision 2, paragraph (a), clause (2); (11) The type of district; (12) The date the City approved the Tax Increment Financing Plan and the date of approval of any modification of the Tax Increment Financing Plan, the approval of which requires notice, discussion, a public hearing, and findings under Section 469.175, Subdivision 4, paragraph (a); (13) The date the City first requested certification of the original net tax capacity of Tax Increment Financing District No. 14 and the date of the request far certification regarding any parcel added to the Tax Increment Financing District No. 14; (14) The date the County Auditor first certified the original net tax capacity of Tax Increment Financing District No. 14 and the date of certification of the original net tax capacity of any parcel added to Tax Increment Financing District No. 14; (15) The month and year in which the City has received or anticipates it will receive the first increment from Ta� Increment Financing District No. 14; (16) The date Tax Increment Financing District No. l4 must be decertified; (17) For the reporting period and prior years of Tax Increment Financing District No. 14, the actual amount received from, at least, the following categories: (a) Tax Increments paid by the captured net tax capacity retained for tax increment financing under section 469.177, Subdivision 2, paragraph (a), clause (1), but excluding any excess taxes; (b) Tax Increments that are interest or other investment earnings on or from Tax Increments; 12 4504860v2 (c) Tax Increments that are proceeds from the sale or lease of property, tangible or intangible, purchased by the City with Tax Increments; (d) Tax Increments that are repayments of loans or other advances made by the City with Tax Increments; (e) bond proceeds; and (� the market value homestead credit paid to the City under Section 273.1384. (18) For the reporting period and for the prior years of Tax Increment Financing District No. 14, the actual amount expended for, at least, the following categories: (a) acquisition of land and buildings through condemnation or purchase; (b) site improvements or preparation costs; (c) installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; (d) administrative costs, including the allocated cost of the City; and (e) for housing districts, construction of affordable housing; (19) The amount of any payments for activities and improvements located outside of the district that are paid for or financed with Tax Increments; (20) The amount of payments of principal and interest that are made during the reporting period on any nondefeased: (a) general obligation tax increment financing bonds; and (b) other tax increment financing bonds including pay-as-you-go contracts and notes. (21) The principal amount, at the end of the reporting period, of any nondefeased: (a) general obligation tax increment financing bonds; and (b) other tax increment financing bonds, including pay-as-you-go contracts and notes. (22) The amount of principal and interest payments that are due for the current calendar year on any nondefeased: 13 4504860v2 (a) general obligation tax increment financing bonds; and (b) other tax increment financing bonds, including pay-as-you-go contracts and notes. (23) If the fiscal disparities contribution under Chapter 276A or 473F for Tax Increment Financing District No. 14 is computed under Section 469:177, Subdivision 3, paragraph (a), the amount of total increased properiy taxes to be paid from outside Tax Increment Financing District No. 14; and (24) Any additional information the State Auditor may require. IF THE CITY FAILS TO MAKE A DISCLOSURE OR SUBMIT A REPORT CONTAINING THE INFORMATION REQUIRED BY AND WITHIN THE TIME PROVIDED 1N SECTION 469.175, SUBDIVISIONS 5 AND 6 THE STATE AUDITOR SHALL NOTIFY THE COUNTY AUDITOR TO HOLD THE DISTRIBUTION OF TAX 1NCREMENT FROM TAX 1NCREMENT FINANCING DISTRICT NO. 14. Section 4.22 Reasonable Expectations. As required by the Tax Increment Financing Act, in establishing Tax Increment Financing District No. 14, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the prajected Tax Increments for the maximuxn duration of Tax Increment Financing District No. 14 permitted by the Tax Increment Financing Plan. In making said determination, reliance has been placed upon written representations made by the developer to such effects and upon City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishxnent of Tax Increment Financing District No. 14 and the use of Tax Increments has been performed as described above. Such analysis is on file with the City, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of Tax Increment Financing District No. 14 and the use of Tax Increments. Section 4.23 Other Limitations on the Use of Tax Increment (1) General Limitations. All revenue derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or otherwise pay public capital and administration costs pursuant to Minnesota Statutes, Section 469.124 through 469.134. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction, renovation, operation or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes; this provision shall not prohibit the use of revenues derived from 14 4504860v2 ta�c increments for the construction or renovation of a parking structure or of a privately owned facility for conference purposes. (2) Restriction on Poolin�. At least 80 percent of tax increments from the Tax Increment Financing District No. 14 must be expended on activities in Tax Increment Financing District No. 14 or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 20 percent of said ta�c increments may be expended, through a development fund or otherwise, on activities outside of Tax Increment Financing District No. 14 except to pay, or secure payment of, debt service on credit enhanced bonds. For purpose of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of Tax Increment Financing District No. 14. (3) Five Year Limitation on Commitment of Tax Increments. Tax increments derived from Tax Increment Financing District No. 14 shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year following certification of Tax Increment Financing District No. 14, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5. Section 4.24 Economic Development or Job Growth; Business Subsidies; Reportin�. To the extent applicable, the City agrees to comply with Minnesota Statutes, Sections 116J.993 to 116J.995, which states that a local unit of government granting financial assistance to a business for economic development or job growth purposes, including tax increment financing, must establish business subsidy criteria and approve a business subsidy agreement with the business receiving tax assistance. Minnesota Statutes, Section 116J.993 requires a city providing a business with a subsidy worth $25,000 to complete a subsidy approval process as described below. Housing projects and many redevelopment projects are exempt from the requirements. Before granting a business subsidy, the City must complete the following: (1) Adopt criteria for awarding business subsidies following a public hearing. (2) Enter into a subsidy agreement which must include the following information and requirements: (a) A description of the subsidy, including the amount and type of subsidy, and type of district if the subsidy is a tax increment financing; (b) A statement of the public purpose of the subsidy; (c) Measurable, specific, and tangible goals for the subsidy; (d) A description of the recipient's financial obligation if the goals are not met. 15 4504860v2 (e) A statement of why the subsidy is needed. ( fl A commitment from the recipient to continue operations in the jurisdiction where the subsidy is used for at Ieast five (5) years after the benefit date; (g) The name and address of the parent corporation of the recipient, if any; � (h) A list of all financial assistance by all grantors for the project; and (i) A requirement for the recipient to provide the Authority and the Department of Employment and Economic Development with annual information regarding goals for two years after receiving the subsidy or until the goals are achieved. The reports must be filed by March 1 for the prior year. (3) If the business subsidy exceeds $150,000, the City must conduct a public hearing on the subsidy, after providing at least ten (10) days published notice in the local newspaper. Section 4.25 Reguirements for AQreements with Developers. Pursuant to Minnesota Statutes, Section 469.176 Subd. 5, if more than 10% of the acreage of a project is to be acquired by the City with proceeds from tax increment bonds then, prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the City should the development not be completed. Section 4.26 Countv Road Costs. Pursuant to Minnesota Statutes, Section 469.175, Subdivision 1 a, the County board may require the City to pay for all or part of the cost of County road improvements if the proposed development to be assisted by Tax Increments will, in the judgment of the County, substantially increase the use of County roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another County plan. If the County elects to use Tax Increments to improve County roads, it must notify the City within forty-five days of receipt of this Tax Increment Financing Plan. Section 4.27 Green Acres. Tax Increment Financing District No. 14 does not contain any parcel or part of a parcel that qualified under the provisions of Section 273.111 or 273.112 and Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the Tax Increment Financing District. 16 4504860v2 EXHIBIT A Description of Master Development District CITY OF APPLE VALLEY The boundaries of the Master Development District are: +GIT�` �F �4P"PLE '1!'ALLE�'Y tUTA:SfiER. QEVELC?P'ME14�T DI:�Tf�I�T ����u1�n� ■�y • Y S _ ���` r �� _ � � � r � ... � € . � ; , 4 � ]��} � � � � � � F { �..� l3� � d +`' . � � � { .. �� �, $ �.4 '.y ;* ���IIII��J■ 1 �1�41,... -- > � ^ .—� y `�; i E h � 4 � � a � t� .. � � r a '' r .�-3 � -) � t ( i " � ' �t� � � .. 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( � � . 1 � � � �� � �> �� � � � S�t , i . � l� , r � � E a� i � � r� '! �� T � _ ; ` _ ..� '_ � � � � 1- �, s s __, [ � t E .t� i ;-� � Y � ��� �� ; e i ! �' " � 2 � �- � � � ; � ��� s.. , �, � . � �`.-� � [ T ��� " � � i� � ......:...........i.-....a�..�Y7AiA47YfFiYL�74���{�'1/MM�fi�4fl��a�ss��������■.....�.:t�liSKS�Y#�5Awii�i'fiiif�k. ��.���������„���r��r..re A-1 4504860v2 EXHIBIT B Description of Tax Increment Financing District No. 14 CITY OF APPLE VALLEY, MINNESOTA Parcel identification number(s) of property, located in the above referenced Tax Increment Financing District in the City of Apple Valley, Dakota County, Minnesota are as follows: 01-46950-00-010 CI.T'ti'' C1� APPLE 11�4►LLE'Y lV1,�►;�TEF� [3�E�lELQrF�1ti�'IEhh�T [31STRI�T �;,�,.,�.� . . � � . _ � ~ �� , � ,� � ; � a`` � � ��. � � �� a � . ; ��� �;¢= � �' � � � ���' � � � _ � �,,.�•...�,�.., r � ..� .v �� ' � �� ���� � �, 1. � . � -� t = � �— � � • _ , � � ; � �} � �,;� � , �. ( .* � aJ Y lY t i ♦1Ft� .. F�a ��,. � �. � � � �,�� R �.- �s ..,. -� � � � � � � �. ` � � � ,- �r z � , _ , k �,. � a r ��k �,-, . �4 ' ' — � t `�, .' � ... .., • � . r� : , i 4 '�± 3° , j . . . S _ • �. � s ♦• - _., < ,. i , . j �; z _ �k 'I � : ' � .k_ ' �� i �3 � ' ._ 'e. � � .� _ .:, x� � y } - . : � r � , / i t�� t. k ..• < ,� ��� L stC! � •�%i��.� ���4��.i1 � }.. } .., � } > ( _ .. � � � : t' s � � �{�� � } � "� � � j � ` � ' . � � . . � � .....�. P, ..� '_n'-t . .. .. _ � � 4' , � � ; � � �� � � � ��. � Mas#er y �_.r '4 � � ' � � �' � : � `� � � � . �` � � � - ��� ��w��a�vm�a�� � � � { r t `.•�� � t '�t �: � �>�r �.�,� �� , �" � t � 67�RStrtct � } .t.�� < <a���: � L' , ,�, � �.:.a�.:. �...i.�:t�. � sua`��n a�• �� . ..�.�.r � i� � TIF C1FS�4efLt'1 � f r ,� . � � , � �. � N ,y �• ,��� , • �� ,.._.,�. 1 - � O TI F.�D'r5trict �E 3 ,. � � ° . � r � � ��, � � l � - �p�.�- € - t - � ` ..... TIF�.ifrs&c�c� �#.d� � ($ i ��,� ,� `� �� kK � ° " :, ii k � � � i� � f L �II I�.� ' f � � 1. ,� � � �. l j � � f � ` � ( � 's. � { �� . ( � � j � � { 7 � 3 � '� � ( ! a "* , f 9 " (�! ! �a e ty � � �, J � -. y� ,, . . . �'�r. € �y .d y. ��' i 1 t� N . t € , o �� � , ` S �; � � �Y � � � � � � � f � ,. �.7 . .�� 7 � ({ r� 7 • i i?t�l-+�5 R.i,�a54.�,� t �S , . � � �'. � . �r-� � (,,- ' .i-,>— • � ,� t � �y� 7 , 7U . . ,. J } _. . s ... 7 3 . � . �... � ] , , 7 . a '} 5 7 I � �- S � � L ���'` T � `'�:4 f `� � 1 � , � , � f i = I . 1 . ��� �� � �' `�- / '. E , ��„u s�x,�t .. .. _ t S � , �,� ' iF ■i� h -_ ,_ ,.. P � � � rG� R w. � � .a ^ ,� � ' r. , ��a � re? f d � r � � � i , j � � � � � �a s . � ( y � : � ���,.� ; '° t � i i � f r �� � -- 1 .. � T � ��: � '� - _ � �- � � ,_ ; � e � � _ t .......�... �. ..•.�ia�«.�t.��7YrwKF�w4�rwfr Y f�4YlMw��fYY .....�.1... �..�$.:�il1KSti�M'ff�riii������rYti� .��t�.�..� ����.��� ��`r. B-1 4504860v2 EXHIBIT C Projected Tax Increment City of Apple Valley, Minnesota Ta� Increment Financing District No. 14 Total Estimated Tax Increment Revenues (from tax increment generated by the district) Tax increment revenues distributed from the county $3,000,000 Interest and investment earnings $100,000 Sales/lease proceeds $0 Market value homestead credit $0 Total Estimated Tax Increment Revenues $3,100,000 Estimated Project/Financing Costs (to be paid or financed with tax increment) Project costs $0 Land/building acquisition $0 Site improvements/preparation costs $0 Utilities $690,000 Other qualifying improvements $1,700,000 Construction of afFordable housing $0 Small city authorized costs, if not already included above $0 Administrative costs $300,000 Estimated Tax Increment Project Costs $2,690,000 Estimated financing costs Interest expense $410,000 Total Estimated Project/Financing Costs to be Paid from Tax Increment $3,100,000 Estimated Financing Total amount of bonds to be issued $0 Note: Figures have been rounded C-1 4504860v2 EXHIBIT D Apple Valley EDA Tax Increment Financing District No. 14 Estimated tax Increments Over Maximum Life of District Based on Pay 2011 Tax Rate = 103.695% 42.388% 29.149% 26.959% 5.199% TIF Taxes New Base Captured Estimated City County School Other District Payable Tax Tax Tax Total TIF TIF TIF TIF Year Year Capacity Capacity Capacity Tax Related Related Related Related Increment Share Share Share Share 1 2014 69,625 (21,250) 48,375 50,162 20,505 14,101 13,041 2,515 2 2015 230,707 (21,250) 209,457 217,197 88,785 61,055 56,468 10,889 3 2016 359,115 (21,250) 337,865 350,349 143,214 98,484 91,085 17,566 4 2017 369,888 (21,250) 348,638 361,520 147,781 101,625 93,989 18,125 5 2018 380,985 (21,250) 359,735 373,027 152,484 104,859 96,981 18,703 6 2019 392,414 (21,250) 371,164 384,879 157,329 108,191 100,062 19,297 7 2020 404,187 (21,250) 382,937 397,086 162,319 111,622 103,236 19,909 8 2021 416,312 (21,250) 395,062 409,660 167,459 115,157 106,505 20,539 9 2022 428,802 (21,250) 407,552 422,611 172,753 118,797 109,872 21,189 Total 2,966,491 1,212,629 833,891 771,239 148,732 D-1 4504860v2 EXHIBIT E Apple Valley EDA Tax Increment Financing District No. 14 Impact On Other Taxing Jurisdictions (Taxes Payable 2011) ANNUAL TAX INCREMENT Estimated Annual Captured Tax Capacity (Full Development) $407,552 Payable 2011 Local Tax Rate 103.695% Estimated Annual Tax Increment $422,611 Percent of Tax Base Net Tax Captured Capacity Tax Percent of (NTC) Capacity Total NTC City of Apple Valley 42,796,310 407,552 0.95% Dakota County 383,768,975 407,552 0.11 % Rosemount-Apple Valley-Eagan ISD 196 139,200,876 407,552 0.29% Dollar Impact of Affected Ta�ng Jurisdiction Net Tax Tax Added Capacity Increment Local Tax (NTC) % of Total Share Rate City of Apple Valley 42388% 40.878% 172,753 0.404% Dakota County 29.149% 28.110% 118,797 0.031% Rosemount-Apple Valley-Eagan ISD 196 26.959% 25.998% 109,872 0.079% Other 5.199% 5.014% 21,189 Totals 103.695 100.000% 422,611 NOTE NO. 1: Assuming that ALL of the captured tax capacity would be available to all taxing jurisdictions even if the City does not create the Tax Increment District, the creation of the District will reduce tax capacities and increase the local tcrx rate as illustrated in the above tables. NOTE NO. 2: Assuming that NONE of the captured tax capaciry would be available to the taxing jurisdiction if the Ciry did not create the Tcrx Increment District, then the plan has virtually no initial effect on the tax capacities of the taxing jurisdictions. However, once the District is established, allowable costs paid from the increments, and the District is ternzinated, all taxing jurisdictions will experience an increase in their tax base. E-1 4504860v2 EXHIBIT F Apple Valley EDA Tax Increment Financing District No. 14 Present Value Analysis As Required By Minnesota Statutes 469.175(3)(2) 1 Estimated Future Market Value w/ Tax Increment Financing 17,000,000 2 Payable 2011 Market Value 1,100,000 3 Market Value Increase (1-2) 15,900,000 � 4 Present Value of Future Tax Increments 2,340,561 5 Market Value Increase Less PV of Tax Increments 13,559,439 6 Estimated Future Market Value w/o Tax Increment Financing 1,393,447 1 7 Payable 2011 Market Value 1,100,000 8 Market Value Increase (6-7) 293,447 9 Increase in MV From TIF 13,265,992 2 1 Assume 3.0% appreciation over 8 year life of district Z Statutory compliance achieved if increase in market value from TIF (Line 9) is greater than or equal to zera F-1 4504860v2 EXHIBIT G Tax Increment Financing District No. 14 Projected Tax Increment �u�e� aoo.00�� �.u.o�� �_���' ����ian�� �r��r iTF Taxes �ew �ase ��ptu��d t]rigin�l �stemarted Sta�e �nnuaf PiF +�� C�istrict V�r1ue Payabl� �'ax Ta�� Taac �'ax '�ax Gity �u�itcar T�x ��t Iner�meett �tear Y�a� �ear Ca���ify <Capacity �apacity Rate T�ere�en� '�dmin. C�e�luc#. Increment q.QO%, � 1���� ��2C3"13 2fl14 �'�6'�',b25 � E Z.��:?S�= 48,3T5 ��1(33.695°k� ����� SD,Ifi� �����.�i�+, ,T�sl; 4�b,965 ���� ��43,23G 2� 2�14 ZO1S � 2317,747 :i1;25t�} �C19,457 �.Q3.695°fc �� 217;197 ���21.7��"1 ����t7�zj 1�4,fi95 � 223,243 3 201J 201u 359,�.�} ���.,`>��t 337;865 1Q3.695°fo 350,343 •-,"3a,��s5f jl;�ti�, 314,453 5Q2�43R 4' 2C�16 2t?i7 369,588 ;�b,25f�'• 348,63H 1U3.695°� r 361,51U t:3�,152; t,1,3C�;; 32�,067 779,�8 ��a 2Q17 2{}18 3$0,985 �� � �?�,�St�"t 359;735 � ��Q3.695°/a� � 373,Q27 i�i,3C13��� � �(l,��i�; 3a4,3i31 � � 1,054,2�5 � fi� � 2t}l8 201� �'�392,474 ��� � � ;21,�50� 37�.r164 143,695�'/0 �'� 384,879 ���q3�'-,�Si�� � ��� (2, ��C�f 3�SA66 1,:�26,94$ 7 2�519 2{7�Q 444,1�7 ;'1,?5�1� 3$2;937 10�.695°l� 337;0�36 {;1,IO�J (�,?�;30t 355,54f3 1,597,439 $ 2C}�G' 2021 �43�,312 ' ;22,1:i(}} 39�,OC�2 1U3.�95!'la '�1(79,664 t4G,9fi5) �1,<�75; 367.219 1,865,763 �� � �� zt��� zoaz �zs,saz '�� ���,z��� ����,�.�z zo�.�s�� ��� azz,sx� ��� ��������� � ��� ��,sv�; ��a,sz� ����� � z�,���.,��z� �� �� TOT�L = ' 2;966,491 l:���,�4�} {1Q;�S:?4; 2.65�.7.63 ' K� ' unn °orrs 1 Phase i Assurncd deuelopment = lE7Q.�71�� s#'C� �76(sf 2 F'hase TI Assumee� �eveiopment = lOUA(3L� sE �n? $1�ls# 3 t�ex economie deveiopmeni TIF aistrid 4 t�istricf c�c4:iude� frc�m Fi,��l �isparities contiibtatt�an 5"i ax rate Fa� taxes papa4�4e 2011 � �� � � �f�ssume 3.t15b annuai���a�preratian�-in valu� t�ver 8 yeae�Ii;e af distr+ct. � � � � � G-1 4504860v2 e*� � � . / \ 1 f��' . . �!�• ��i�# M��� ��� . f �-b D � T7 D1+�/�c'(� City of App�e Va MEMo Finance Department TO: Mayor, City Council, and Tom Lawell, City Administrator FROM: Ron Hedberg, Finance Director DATE: March 22, 2012 SUBJECT: Distribute updated Resolution Approving Amendments to Master Development Program for Master Development District, Tax Increment Financing Amendments and the Establishment of Tax Increment Financing District No. 14 and Approving the Tax Increment Financing Plan Therefor Introduction Attached is an updated resolution on Approving Amendments to the Master Development Program. The only change to the resolution was dropping the reference to the Planning Commission review of the enlargement of the Master Development District. The Planning Commission did take action on March 3, 2010 recommending the enlargement of the Master Development District, so no action was required from the planning at this time. Staff Recommendation Following the conclusion of the public hearing, Staff recommends the adoption of the attached updated resolution approving modifications to the Master Development District including modifications to the TIF plans for district no. 7 and no. 13 and the creation of district no. 14. Action Re uec�sted: • Conduct public hearing on modification to Master Development District • Adopt Resolution Approving Amendments to Master Development Program for Master Development District, Tax Increment Financing Amendments and the Establishment of Tax Increment Financing District No. 14 and Approving the Tax Increment Financing Plan Therefor EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, MINNESOTA HELD: March 22, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, was duly called and held on the 22nd day of March, 2012, at 7:00 p.m. The following members of the Council were present: Hamann-Roland, Bergman, Goodwin, Grendahl, and Hooppaw and the following were absent: None Member introduced Resolution No. 2012-74 and moved its adoption: * * * * * * * * * * * CITY OF APPLE VALLEY RESOLUTION NO. 2012-74 A RESOLUTION APPROVING AMENDMENTS TO MASTER DEVELOPMENT PROGRAM FOR MASTER DEVELOPMENT DISTRICT, TAX INCREMENT FINANCING AMENDMENTS AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 14 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR , BE IT RESOLVED by the City Council (the "Council") of the City of Apple Valley, Minnesota (the "City"), as follows: Section 1. Recitals l A L It has been proposed by the Apple Valley Economic Development Authority (the "EDA") that the EDA amend the Master Development Program for the EDA's Apple Valley 1Vlaster Development District (the "Development District") to reflect increased public development and redevelopment costs and activities, amend the taY increment financing plans for Tax Increment Financing Districts No. 7 and 13 heretofore established within the Development District, and establish Tax Increment Financing District No. 14 within the Development District and approve its tax increment financing plan, all pursuant to the applicable provisions of Minnesota Statutes, Sections 469.174 through 469.1799 (the "Act"), and all as reflected in that certain document entitled in part "Amendments Relating to Apple Valley Master Development District," dated as of March 22, 2012 (the "Program"), and presented for the Council's consideration. 1.02. The Council has investigated the facts relating to the Program. 1.03. The City has performed certain actions prior to the adoption and approval of the Program, including (i) 30 days' prior notification of the County and School Board, (ii) the holding of a public hearing thereon following at least 10 but not more than 30 days' prior published notice thereof, as required by law. 1.04. Certain written reports (the "Reports") relating to the Program and to the activities contemplated therein have heretofore been prepared and submitted to the Council and/or made a part of the City or EDA files and proceedings on the Program. The Reports include data, information and/or substantiation constituting or relating to (1) the "studies and analyses" on why the new Tax Increment Financing District No. 14 meets the so-called "but for" test and (2) the bases for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. Section 2. Abproval of Amendments to the Master Development Pro�ram and Modifications to the Tax Increment Financin� Plans for Tax Increment Financing Districts No. 7 and 13. The amendments to the Master Development Program for the Apple Valley Master Development District, and the Modifications to the Tax Increment Financing Plans for Tax Increment Financing Districts No. 7 and 13 are hereby approved, established and adopted. Section 3. TIF District No. 14. There is hereby established in the City within the Master Development District, Tax Increment Financing DistrictNo. 14 therein ("TIF District No. 14"), the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan (t�ie "TIF Plan") therefor. Section 4. Tax Increment Financin� Plan. The TIF Plan is adopted as the tax increment financing plan for the TIF District, and the City Council makes the following findings: 4.01. The TIF District is an economic development district as defined in Minnesota Statutes, Section 469.174, Subd. 12, the specific basis for such determination being that the construction of not less than two commercial buildings in the Valley Business Campus by Spowd Development, LLC will increase employment in the State, help prevent the emergence of blight and result in the preservation and enhancement of the tax base of the State and is in the public interest and pursuant to Minnesota Statutes, Section 469.176, Subdivision 4c(d): "It will create or retain jobs in this state, including construction jobs, and that construction of the project would not have commenced before July l, 2012, without the authority providing assistance. Construction of the proj ect will begin . no later than July 1, 2012; the request for certification of the district will be made no later than June 20, 2012." 4.02. The proposed development in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that: (i) Spowd Development, LLC has represented to the City that private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment 2 necessary to finance these development activities through the use of t� increment financing so that this and other development by private enterprise will occur within the Development District. (ii) A comparative analysis of estimated market values both with and without establishment of TIF District No. 14 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit F of the TIF Plan, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the TIF District and the use of tax increments. 4.03. In the opinion of the City Council, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of TIF District No. 14 permitted by the TIF Plan. The reasons supporting this finding are that: (i) The estimated amount by which the market value of the site will increase without the use of tax increment financing is $293,447 (from $1,100,000 to $1,393,447); (ii) The estimated increase in the market value that will result from the development to be assisted with tax increment financing is $15,900,000 (from $1,100,000 to $17,000,000); and (iii) The present value of the projected tax increments for the maximum duration of the district permitted by the tax increment financing plan is $2,340,561. 4.04. The TIF Plan for TIF District No. 14 conforms to the general plan for development or redevelopment of the City of Apple Valley as a whole. The reasons for supporting this finding are that: (i) TIF District No. 14 is properly zoned; and (ii) The TIF Plan will generally compliment and serve to implement policies adopted by the City. 4.05. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Development District by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within the Development District. Section 5. Public Purpose. The adoption of the Program, as amended, for the Development District, the amendments to the Tax Increment Financing Plans for Tax Increment Financing Districts No. 7 and 13, and the adoption of the TIF Plan for TIF District No. 14 therein conforms in all respects to the requirements of the Act and will help fulfill a need to develop an 3 area of the State which is already built up to provide employment opportunities to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 6. Certification. The Auditor of Dakota Gounty is requested to certify the original net tax capacity of TIF District No. 14 as described in the TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Administrator is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within TIF District No. 14 for wliich building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. Section 7. Filin�. The City Administrator is further authorized and directed to file a copy of the Program and TIF Plan for TIF District No. 14 with the Commissioner of Revenue and the Office of the State Auditor. Section 8. Interfund Loan. The City has determined to pay for certain costs (the "Qualified Costs") identified in the TIF Plan for TIF District No. 14 consisting of certain administrative expenses, which costs may be financed on a temporary basis from the City's general fund or any other fund from which such advances may be legally made (the "Fund"). Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the Fund in order to finance the Qualified Costs. The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from t� increments derived from TIF District No. 14 in accordance with the following terms (which terms are referred to collectively as the "Interfund Loan"): (a) The City shall repay to the Fund from which the Qualified Costs are initially paid, the principal amount of $2,690,000 (or, if less, the amount actually paid from such fund) together with interest at 2.00% per annum (which is not more than the greater of (i} the rate specified under Minnesota Statutes, Section 270.75, or (ii) the rate specified under Minnesota Statutes, Section 549.09) from the date of the payment. (b) Principal and interest on the Interfund Loan ("Payments") shall be paid semi- annually on each February 1 and August 1 commencing with the first February 1 or August l occurring after the date the tax increments from TIF District No. 14 are available and not otherwise pledged to and including the earlier of (a) the date the principal and accrued interest of the Interfund Loan is paid in full, or (b) the date of last receipt of tax increment from TIF District No. 14 ("Payment Dates") which Payments will be made in the amount and only to the extent of Available Tax Increment as hereinafter defined. Payments shall be applied first to accrued interest, and then to unpaid principaL (c) Payments on the Interfund Loan are payable solely from "Available Tax Increments" which shall mean, on each Payment Date, all of the tax increment generated in the preceding six (6) months with respect to the Development Property within TIF District No. 14 and remitted to the City by Dakota County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799. Payments on this Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and 4 are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. (d) The principal sum and all accrued interest payable under this Interfund Loan are pre-payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e) The Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the termination of the TIF District. The City may amend the terms of the Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. ADOPTED this 22nd day of March, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member in and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 5 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF APPLE VALLEY I, the undersigned, being the duly qualified and acting City Clerk of the City of Appie Valley, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated , insofar as said minutes relate to the tax increment and related actions referenced therein with respect to the Apple Valley Master Development District of the Apple Valley EDA. WITNESS my hand this day of March, 2012. Pamela J. Gackstetter, City Clerk 3/22/2012 4 � i Master Development District Enlargement and Establishment of new TIF District No.14 ( Valley Business Campus) Pubiic Hearing 3-22-12 • Public Hearing on March 22, 2012 � Align the existing TIF district plans (TIF #7 and #13) to the expanded Master Development District approved in 2010. � Public Hearing to consider creation of new TIF District (TIF # 14) h Allowed underthe "temporaryauthority—Jobs Bill" • Construction must begin by 7-1-12 e Economic District with maximum life of 9 years i 1 3/22/2012 a • ' Master Development District prior to 2 010 CITY OF APPLE VALLEY TAX INCREMENT FINANCING DISTRICTS �r -, i �� ��. � �y � �'..*,;� .= i - ' � r r�-t � . �� • � �` fK ''� ` 1 — #° i � �` +,. ,, � ��' � =i � ��r - �_ � � `��i/ I ` �� 1_ ■ __ �, i �� r ,;���� � ' 1 � C � � I t I I I � . 1 � � � � t� . � �-f : ,� ✓� � ..� � f �` I � , " .�� �� :� Y `_" ` ..- , Z _ � � 0 t,-090 2,800 5,800 Feet � I 1 I • Enlarged Master Development District & Location of Proposed TIF 14 CITY OF APPLE VALLEY MASTER DEVELOPMENT DISTRICT ,,. , , - . i ; s'� : F ._.. � y�'ti'.,/`C,!;.�� 3 , ,. <r ",.� �r.•• t ✓� # '" � M �� �v- �,• �r . �i � � s un ' t � . . , � z. '`a� � -� � €- � � i ' ' ; €� ,' 7 � 1 � L090nd y�� � ` / ' y �� yA � � `Y � � . ' �' � / � j - � �!�(�. DEVepp^'da ' � y � € ` OaVkl �Mw�w� #f � l,j�����NU ; f " �uu� -TIGOffitrkt] �� -Tf Ols4kl13 _ 2 %/,�,� - M i�� � � -llFOisVktiA � y ?- t�..._ s � i � � �� Y ��...�.w����� a / �� r�" /l� � � � " �� {� � � ��, /i , ; ' � / O/ /O G � r� , - � s;.«rz .:l i, �..�� LL � � ' z � . �. f e ='' x � � �°� � � .::a .........�..rw...� - ..�.a�...a,`.....n.. :a�.rw�w.fw'�'xn...�.�..x.u.rnw�w.�« • � 3/22/2012 • New District — Valley Business Campus � Summary of "Valley Business Campus" � 2 Phases — total 200,000 Sq Ft « 2 buildings of 50,000 ftz in each phase g Total Building Value $ 13M • Construction of 147th Street & Flagstaff Ct. • TIF eligible costs of up to $2.1M plus financing • Reimbursement in form of Pay as You go financing � Development risk remains with SPOWD � S A Bonds issued for 147th — secured by Special Asmt • Developer financing of Flagstaff Ct. • Building Rendering a��� � � �, � �.:: � .� � ,. �: i 3 3/22/2012 • Tax Increment Financing (TIF) • Project qualifies as an economic development district under temporary legislative authority * Construction must commence by luly 1, 2012 � Requirement for creation/retention of jobs will be met R Tax increment may be collected for up to 9 years e Proposed use of TIF is to reimburse the Developer for cost of public improvements that will be assessed and/or constructed by the Developer (Flagstaff Court and 147th Street) • Tax Increment Financing (TIF) • Project is estimated to generate from $1 to $1.8M in tax increment over 9 years — depending on phases completed and the timing Year Phase I Phase 11 Combined 1 47,000 47,000 2 81,000 81,000 3 120,000 64,000 184,000 4 120,000 97,000 217,000 5 126,000 126,000 252,000 6 126,000 126,000 252,000 7 126,000 126,000 252,000 8 126,000 126,000 252,000 9 126.000 126.000 252.000 Total 998,000 791,000 1,789,000 • 4 � 3/22/2012 � Sources and Uses Statement a Serves as the maximum budget. • Sources: � TIF revenues $ 3,000,000 � Investment Earnings $ 100,000 ° U 525: = Infrastructure $2,390,000 Administrative $ 300,000 • Interest Expense $ 410,000 • Total Sources and Uses of $3,100,000 � County & School Input F County Input r Letter received March 14, 2012 � Comments included: Plan did not meet the County's TIF policy from 2002 for use of TIF � Provision of Affordable Housing ° Provision of livable community housing and mixed use ^ Increase in Net livable wage jobs • Removal of Blighted conditions or contamination ^ County stated that if the proiect were to occur anvwav they would be forgoing $834,000 in County taxes Found no impacts to County Roadway System • School Input � No formal response received s 5 3/22/2012 . • Future Action • Future EDA meeting ° TIF / Business subsidy agreement w/ SPOWD � Assessment Agreement w/SPOWD ° TIF Note — reimbursement agreement � RequestedAction � March 22, 2012 — City Council Conducts Public Hearing t Resolution Amending the Master Development Plan and establishing the new District Number 14. • 6 s.g ii• :.;. i � 2 .... s.. . City of App�e Va��ey MEMo Fire Department TO: Mayor, City Council, and City Administrator � FROM: Nealon P. Thompson, Fire Chief DATE: March 19, 2012 SUBJECT: FIRE DEPARTMENT PERSONNEL ORDINANCE AMMENDMENTS AND ADOPTION OF VOLUNTEER/PAID-ON-CALL FIREFIGHTER PERSONNEL POLICIES The Fire Department, originally established November 14�', 1966, has a long history as a volunteer/paid-on-call organization serving the citizens of the City of Apple Valley. During the past forty-five years much has changed from the original forty-three members, one fire station, and 22 calls for service in 1967. Today the department has an authorized strength of seventy-five volunteer/paid-on-call members, four full-time staff, three fire stations, and provided service 1,408 times in 2011. As the department evolved, formal rules and regulations were adopted by the membership per City Ordinance 32.15, which states "The Department shall adopt rules and regulations to govem its affairs provided they do not conflict with the city code or the operating procedures of the Chief '. With the introduction of full-time city employees as a part of the department, in particular with the hiring of a full-time Fire Chief in 2001, the culture and operation of the department has transformed from one of self-governance. Lead by the Fire Department Executive Committee, the membership unanimously voted in 2009 and reaffirmed in 2010 to abolish the Fire Department Rules and Regulations and transition to department provided policies and procedures. During 2011, department leadership has discussed, reviewed, and drafted new personnel policies to more accurately reflect today's fire department administration and membership The City Attorney's office is currently reviewing the new Apple Valley Fire Department Volunteer/Paid-On-Call Firefighter Personnel Policies Handbook and drafting the necessary ordinance changes. Copies of both will be provided to you in your weekly update packet of Wednesday, March 21, 2012. It will be staff's recommendation to 1) adopt the necessary ordinance changes and 2) approve the Firefighter Personnel Policies Handbook, waving the second reading as these are considered administrative in nature. I would like to thank the City Council for their consideration as discussed at the informal meeting of February 9, 2012. I am available for any questions you may have. ... S.� .... � ,�, Z :... .... . City of App�e fa'�A(11(}N'�,,.. Va��ey MEMO Fire Departrnent TO: Mayor, City Council, and City Administrator FROM: Nealon P. Thompson, Fire Chief DATE: March 21, 2012 SUBJECT: FIRE DEPARTMENT PERSONNEL ORDINANCE AMMENDMENTS AND ADOPTION OF THE VOLUNTEER/PAID-ON-CALL FIREFIGHTER PERSONNEL POLICIES HANDBOOK This memo provides updated and additional information related to the requested changes of the City Code relating to the Fire Department and adoption of the new Volunteer/Paid-On-Call Firefighter Personnel Polices Handbook. As discussed at the City Council's informal meeting of February 9, 2012, members of the fire department lead by the Fire Department's Executive Committee, proposed to the membership and unanimously voted on by the membership in 2009 and reaffirmed in 2010 to abolish the Fire Department Rules and Regulations and transition to department provided policies and procedures. During 201 l, the department leadership has discussed, reviewed, and drafted new personnel policies to more accurately reflect today's fire department administration and membership. This process as culminated in the proposed recommendations. It is staff's recommendation to ordain the necessary code changes as recommended and drafted by the City Attorney, waving the second reading as these are considered administrative in nature. Then adopt by resolution the Volunteer/Paid-On-Call Firefighter Personnel Policies Handbook. Attached for your review are the recommended changes to the City Code and new Volunteer/Paid-On-Call Firefighter Personnel Polices Handbook. I would like to thank the City Council for their consideration of this item and the many department members who worked on this project, for their dedication and tenacity to see this project through. ACTION REQUESTED 1. Repeal and ordain the proposed changes to Title III, Administration, Chapter 32 of the City Code entitled "Commissions, Boards, and Departments" as outlined in the ordinance attachment. 2. Adopt by resolution the Apple Valley Fire Department, Volunteer/Paid-On-Call Firefighter Personnel Policies Handbook. Attachments: Proposed City Code amendments City of Apple Valley Fire Department, Volunteer/Pain-On-Call Firefighter Personnel Policies Handbook CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE III, ADMINISTRATION, CHAPTER 32 OF THE CITY CODE ENTITLED "COMMISSIONS, BOARDS AND DEPARTMENTS" BY REPEALING SEVERAL SECTIONS AND BY AMENDING SECTION 32.15 REGULATING FIRE DEPARTMENT. The City Council of Apple Valley ordains: Section 1. Chapter 32 of the Apple Valley City Code is hereby amended by repealing the following Sections in their entirety: 32.16; 32.17; 32.18; 32.19; 32.20; 32.21; 32.22; 32.23; and 32.24. Section 2. Section 32.15 of the Apple Valley City Code is hereby amended to read as follows: § 32.15 ORGANIZATION. (A) As originally established by Ordinance No. 33 on �e November 14, 1966, the volunteer Fire Department of this city is hereby continued and shall operate, pursuant to the provisions of this chapter. The Department mav adopt necessar�policies and procedures includin an�emploYee handbook, provided they do not conflict with the ci code. �ie ,;��, ��,o ,.;+., ,.,,ao ,,,. +�,o „ r„�;�,. „ oa,,,.o� „���,o ��,;o� (B) The members of the Fire Department may organize themselves into a Fire Fighters' Relief Association in accordance with state law. Section 3. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED this day of , 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION 2012- A RESOLUTION APPROVING THE APPLE VALLEY FIRE DEPARTMENT VOLUNTEER/PAID-ON-CALL FIREFIGHTER PERSONNEL POLICIES HANDBOOK WHEREAS, the League of Minnesota Cities encourages municipalities to develop written policies to guide practices and procedures for volunteer/paid-on-call fire department Members; and WHEREAS, the Apple Valley Fire Department has updated their personnel department policies and procedures into a Volunteer/Paid-On-Call Firefighter Personnel Policies Handbook that is appropriate for the Apple Valley Fire Department under its current structure; and WHEREAS, staff has worked with Human Resources to ensure the Volunteer/Paid-On-Call Firefighter Personnel Handbook is compliant with the City of Apple Valley Personnel Ordinance; and WHEREAS, the approval and implementation of said handbook is appropriate for the Apple Valley Fire Department leadership and membership structure; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the Volunteer/Paid-On-Call Firefighter Personnel Policies Handbook, a copy attached hereto, is hereby approved. ADOPTED this 22nd day of March, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY FIRE DEPARTMENT � �{ �x � � � �� � � : �� . � � _� � �� �.��� v, . �� , .; �, � '��"� � , :." ���� � ,��� � _ _ : � � < r � � ; � � , �� �� , ' " . , � r � �� ��'�'`'� a .� � ' '` . t�. � � � �" 'z, S . �s�4's�'="+��"vt �w �. �,.. . ,� � ,� � �.. '�� � ,:,��.; ..., �.. :, :' ; ;-� �r"`�'���� 3' "' - `� � c kr �- . . �. �... ".�,�. ;.� � � 3` , . � � .� "�'*�' � � ,� �x�- �, �..:� � �` �'���-' Y z "# �' � �, ;; �„3'.�'-k .� '; r � � .� s � v � � wi/��.: - '" � -� �`,� �� � � � � ? '' � � � s �� - `� � � �. �� �, A � � ��� �� � . . "�` �� : � � ��� ��� � �� T � �, �,� � . . y` �, �a� ,s�,'.�� `�z"�� �- :, . ..�. w -.? �.,, �. � '� �".' ":' t � N. �` a � � a 1 � . x ,. � ��x � ..�'� . . - � - , a ���`� `��"� ��''��.'� ��^ � ' , ^�' ��., ,�,,,' � s''' •.�'�`��-s� �,�,.z. �� � N �� �F �� � . , . ., . �.. . . ,� � - Volun��e��Paid-l'�n-Cat�t �ire�f�� hte�r � � Personnel Policies Hand��c�c�� � : � � Section 1: Introduction 4 Fire Department History 4 Mission Statement 4 Vision Statement 4 Purpose 5 Scope 5 Content 5 Section 2: Definitions 6 Section 3: Membership 8 Data Practices 8 Equal Employment Opportunity 8 Eligibility 8 Recruitment & Selection 10 Probationary Period 11 Membership of Relatives 12 Discipline 12 Issue/Complaint Resolution Process 15 Resignation 17 Section 4: Attendance and Leaves of Absence 18 Call Response Attendance 18 Training Drill Attendance 19 Leaves 19 Section 5: Benefits 23 Retirement Program 23 Compensation 23 Member Assistance Programs 23 Wellness Programs 24 Page 2 Section 6: Individual Development 25 Performance Reviews 25 Training and Development 25 SeCtion 7: City and Department Policies 26 General Conduct 26 Acceptance of Gifts and Gratuities 26 Alcohol and Other Drug Use 27 Communication Technology and Resources 29 Confidential Information 29 Conflicts of Interest 29 Dress and Uniform 30 Driver's Licenses 30 Expenses and Purchasing 31 Media Relations 31 Work Areas 32 Property Damage 32 Political Activity 33 Respectful Behavior 33 Safety and Security 34 Page 3 • • � • � � • First established in 1966 as the Lebanon Township Fire Department, the City of Apple Valley Fire Department has a long history as a volunteer/paid-on-call organization serving the citizens and visitors of the City. Much has changed over the years and as the department evolved, formal rules and regulations were adopted by the membership to govern this growing body of firefighters. With the introduction of full-time city employees as a part of the Department, in particular with the hiring of a full-time Fire Chief, the rules and regulations have been updated, modified, and incorporated within the Fire Department's and City's Policies, Procedures, and Standard Operating Procedures (SOP) or Standard Operating Guidelines (SOG). The Department's administrative policies, procedures, and guidelines are found throughout this handbook. A copy is maintained electronically on the department intranet site. The Fire Chief's operational and training policies, procedures, and guidelines are also maintained electronically and may be found on the department intranet site. These policies, procedures, and guidelines are organized into four categories: "Volume I: Administrative Policies Handbook" "Volume II: Operational Policies, Procedures, and Guidelines" "Volume III: Training Policies, Procedures, and Guidelines" "Volume IV: Appendix: Job Descriptions and Administrative Forms" . The mission of the Apple Valley Fire Department (AVFD) is to reduce the loss of life and property by providing fire suppression, emergency rescue services, non- emergency services, and fire and safety education to the public. It is our vision to be known as an innovative, effective, and progressive fire department. We are dedicated to the delivery of effective fire suppression, rescue services, and quality fire and safety education to the public. We strive to offer the best available education and training to our members. We are committed to providing an environment which fosters teamwork among members. We desire to have an atmosphere of open communication which promotes the health and welfare of individual members. - Page 4 •• The Volunteer/Paid-On-Call Firefighter Personnel Policies Handbook is provided to help members of the AVFD become acquainted with Fire Department and City policies and procedures. It is intended to serve as a guideline and may be amended without notice. Neither the contents of the handbook nor any amendments constitute an employment contract. Fire Department members have the right to terminate membership for any reason, with or without notice. The City will only terminate Fire Department members for just cause. This handbook replaces and revokes all previous rules and regulations. . The Volunteer/Paid-On-Call Firefighter Personnel Policies Handbook applies to all volunteer/paid-on-call members of the AVFD. Regular full-time, regular part- time, and part-time temporary department employees are covered by the City of Apple Valley Personnel Policies. This includes positions such as Fire Chief, Deputy Fire Chief/Training Officer, Fire Marshal, Fire Inspector, and Department Assistant. Some individuals may serve dual roles as both regular or part-time temporary employees and members of the volunteer/paid-on-call staff. In this case, the respective handbook/city policies will apply to the duties and services associated with each position. Ignorance of AVFD policies, procedures, and guidelines shall not justify non-compliance with them. . Every new and current member of the AVFD shall be furnished a copy of this handbook and is required to be completely familiar with its contents. Changes, additions, or deletions to this handbook content are only valid when approved by the Fire Chief, the City Administrator, and the Human Resources Manager. As changes, additions, or deletions are made to the handbook content, each member will be issued updated information via email. A current copy of the handbook will be maintained online at each fire station. It is each member's ongoing responsibility to stay current with the contents of this handbook. Page 5 � � - • For the purpose of this handbook, the following terms shall have the meanings given in this section, uniess expressly stated otherwise. Active Service Time (Status): Accrued time in which a member is serving in good standing, accruing time towards a retirement benefit and is eligible for all department benefits, an active member. Anniversarv Date: A member's anniversary date shall be based on the date the City Council of the City of Apple Valley approved membership. Calendar Year: A twelve (12) month period beginning January 1 and ending December 31. C�: Hereinafter the term "city" shall refer to the City of Apple Valley as the employer, the City Council and its agents. Davs: Refers to calendar days and not business days. Department: Hereinafter the term "department" shall refer to the Apple Valley Fire Department. Fire Officer: A supervising member of the department, holding the ranks of Chief, Captain, or Lieutenant. Immediate Familv: Mother, father, husband, wife, son, daughter, brother, sister, or grandparent of the member or member's spouse. Inactive Service Time (Status): Time which does not count towards a member's over all service time as it relates to retirement and or department benefits, an inactive member. Member: Shall be classified as volunteer/paid-on-call, probationary firefighters, regular firefighters, and officers. Paqed Call: A dispatched call for service calling for the immediate action or intervention by department members to prevent and/or reduce loss of life, personal injury, property damage, or environmental impact. Primarv Residence: A person's domicile and principal place of residence where the person maintains a household and sleeps most of the time. Page 6 Quarterlv: First quarter shall consist of the months of January, February, and March; Second quarter shall consist of April, May, and June; Third quarter shall consist of July, August and September; Fourth quarter shall consist of October, November, and December. Suspensions: All suspensions will be classified as inactive service time. Any member suspended shall not participate in any fire department activity. Page 7 • •' • � ' Fire Administration maintains member records for the City of Apple Valley in accordance with the Minnesota Data Practices Act (MDPA). Information that is not public, but is maintained as part of a member's personnel record, will not be shared with anyone but those authorized to receive it. A member can review his or her personnel file by making an appointment with Fire Administration. Each member is responsible for providing updated information, as necessary, to maintain the accuracy of records. This includes, but is not limited to, legal address, contact information, certifications, licenses, and training records. Members may contact Fire Administration or Human Resources with questions regarding employment data practices. • . • • � • • The City of Apple Valley provides equal employment and membership opportunities to all employees, members, and applicants in accordance with applicable state and federal laws. The City does not discriminate on the basis of race, color, creed, religion, national origin, sex, sexual orientation, disability, age, marital status, status with regard to public assistance, or membership or activity in a local human rights commission. This policy applies to all members and includes but is not limited to recruitment, hiring, placement, promotion, demotion, transfer, layoff, compensation, and selection for training. The failure of any member to perForm in a manner consistent with this policy may result in disciplinary action. In addition, such failure may expose the member as well as the City to liability under the law. Any member who feels that he or she has been subjected to or has witnessed discriminatory behavior should report the incident immediately. Complaints can be made to the Fire Chief, City Administrator, or Human Resources Manager. . The AVFD provides a critical service to the community and it is imperative that the best candidates possible are chosen for membership. Page 8 In order to be eligible for a firefighter position, all applicants must meet the following minimum requirements: • Must be at least 18 years of age, • Be a high school graduate or equivalent, • Hold a valid State of Minnesota driver's license, • Have a primary residence within four minutes of an assigned fire station, as determined by the Fire Chief. • Successfully complete and pass the background check, physical and psychological exam, physical ability, and drug and alcohol screening. • Meet all requirements set forth in the volunteer/paid-on-call firefighter position description. In addition, all members of the AVFD are expected to: • Carry out his/her responsibilities and provide good communication in a calm, positive, and professional manner, especially in emergency situations, • Complete training requirements established by the Fire Chief or designated training officer, • Understand and follow this handbook, standard operating guidelines, and any other department policies or procedures, • Meet minimum call and training attendance requirements, and • Demonstrate the City's shared core competencies of customer focus and commitment, trust and ethical dealings, interpersonal skills, organizationat savvy, and independent self-management. Full-time regular City employees, such as Fire Chief, Deputy Fire Chief/Training Officer, Fire Marshal, and Fire Inspector are not eligible for membership as a volunteer/paid-on-call firefighter. Residency and Availability: Members selected for the Apple Valley Fire Department must be able to respond to their assigned station from their primary residence within four (4) minutes, under normal driving conditions while obeying all traffic laws, as determined by the Fire Chief's established procedure. All members are required to notify the Fire Chief and provide any change in residence information within fourteen (14) day of such change. Members moving outside the four minute area will no longer be eligible for membership on the department. - Page 9 Physical Ability: Members are required to meet standards of physical ability to effectively perform their firefighter duties. If a current member fails to meet the standards, the individual will meet with an occupational health care consultant to establish a set of ineasurement goals and may be suspended from some or all active firefighting duties until such goals are met. Failure to meet the established goals within six (6) months may result in disciplinary action or termination. ' : . Selection Process for New Members Applicants for membership will be evaluated on the basis of qualifications. The process may include written/oral performance tests, evaluation of training and experience, oral interviews, developmental assessment, or any combination of these. All applicants must successfully pass a thorough background check, to include criminal history, prior to being accepted as an Apple Valley Firefighter. The background check shall include any investigation which indicates the suitability of the candidate for membership as a firefighter. Applicants must successfully pass a pre-membership physical examination, which may include a stress test, pulmonary function test, and physical ability test, in addition to drug and alcohol screening, and psychological evaluation. The City will select the physician and/or psychologist to assess the candidate's ability to perForm the essential functions of the position. The cost of examinations and drug and alcohol tests will be paid for by the City. The essential duties and responsibilities of the various positions in the fire department are included in each job description for the reason that the duties and responsibilities of the members are, in a sense, policies governing the perFormance of their work while fulfilling their duties in the service of the department. The Fire Chief, or designee, is responsible for selecting applicants for membership and making recommendation to the City Council for final approvaL Internal Position Postings Announcements of any available volunteer/paid-on-call position within the AVFD will be posted online and will be sent by email to all active firefighters via their City email account. Page 10 Selection Process for Officers and Stipend Positions It will be the responsibility of the Fire Chief to develop and implement the Department's chain of command. In doing so the Fire Chief shall identify officer ranks, positions, and organizational structure to ensure an effective and efficient organization. The selection process for volunteer/paid-on-call officer and stipend positions will be jointly developed by the Fire Department leadership and Human Resources Department. This process will ensure that consistent and fair consideration is given to members applying for officer and stipend positions. The Fire Chief is responsible for promotional decisions and recommendations to the City Council for final approval. Officer positions vacated with less than one year remaining on their term may be filled by the Fire Chief's appointment (acting) until the term expires. Officer positions vacated with more than one year remaining on their term will be filled by selection process. ' ••. • '- •• Purpose The probationary period is an introductory period of inembership that allows the city, department, and member to determine if the member is suited for the job. Scope This policy applies to all volunteer/paid-on-call firefighters. Policy All newly appointed fire department members shall serve a probationary period of at least 12 months, but no longer than 18 months. Members returning to active service from an inactive leave period of more than 9 months shall serve a probationary period of at least 6 months. At any time during a probationary period, a member may be discharged at the sole discretion of the City with or without cause. Members serving a probationary period shall not perform the duties of apparatus operator/driver, or fulfill the role of company officer. They also shall not perform interior structural firefighting or suppression duties without direct supervision of a Fire Officer or firefighter fulfilling the role of company officer. Page 11 All members shall serve a 6 month probationary period in any job classification in which the member has not previously served a probationary period, if the member has previously completed the initial 12 month probationary period. At any time during the 6 month probationary period, the member may be returned to his or her previous position at the sole discretion of the City. •- � • '- The city and department reserves the right to review the membership of an immediate family member of a supervisor in a position where the supervisor has immediate or line supervisory authority over the position to determine appropriate membership action. � . Fire Department Members are subject to disciplinary action for failing to fulfill their duties and responsibilities or work rules instituted by the Fire Chief or for failure to comply with a provision of this handbook and/or applicable City policy. Discipline will be administered without discrimination. The Apple Valley Fire Department's discipline policy, supported by the City's progressive discipline policy and procedure, is designed to provide a structured corrective action process to improve and prevent a recurrence of undesirable behavior and/or perFormance issues. Scope This policy applies to all volunteer/paid-on-call members of the Apple Valley Fire Department. Policy The Apple Valley Fire Department will discipline, suspend or terminate members for just cause only. Outlined below are the steps of the progressive discipline policy and procedure. The Fire Department reserves the right to combine or skip steps depending upon the circumstances and the nature of the infraction. Some of the factors that will be considered include whether the offense is repeated, previous coaching, counseling and/or training, the member's overall work record, the impact the conduct and performance issues have on the organization, and other relevant factors identified by the Fire Department and/or the City. Appropriate forms of discipline include documented oral reprimand; written warning; suspension without pay or accumulation of service time; and termination. Page 12 The following are deemed appropriate forms of discipline with examples of inappropriate actions which shall be cause for action. However, these are only examples and are not intended to be all inclusive. Discipline Procedures Step 1: Documented Oral Reprimand Step 1 creates an opportunity for the immediate supervisor to schedule a meeting with the member to bring attention to the existing performance, conduct, behavior, or attendance issue. The supervisor should discuss with the member the nature of the problem or violation of department or city policies and procedures. The supervisor is expected to outline expectations and steps the member must take to improve perFormance or resolve the problem. Offenses may include, but are not limited to: 1. Call response or training drill attendance below minimum requirements; first offense within the previous 24 consecutive month period of active service time. (Note: not meeting the requirements for call response or training drill attendance percentages are standalone offenses, for example, not meeting both requirements in one quarterly evaluation period would constitute two (2) offenses, the resulting discipline would go to Step 2, Written Warning.) 2. Depending on the severity of the infraction: violations of safety rules, policies, guidelines, ordinances, or statutes. 3. Other incidents requiring corrective action as deemed appropriate by the supervising officer. Step 2: Written Warning A written warning involves a more formal documentation of the perFormance, conduct, behavior, or attendance issues and consequences. During step 2, the supervisor will meet with the member and review information about the performance, conduct, behavior, or attendance issues as well as any prior relevant corrective action. The supervisor will outline the consequences for the member of his or her continued failure to meet expectations. A statement outlining that the member may be subject to additional discipline up to and including termination if immediate and sustained corrective action is not taken should also be included in the written warning. _ Page 13 The member will be asked to sign this document to acknowledge receipt. Offenses may include, but are not limited to: 1. Call response or training drill attendance below minimum requirements; second offense within the previous 24 consecutive month period of active service time. 2. Depending on the severity of the infraction: violations of safety rules, policies, guidelines, ordinances, or statutes. 3. Other incidents requiring corrective action as deemed appropriate by the supervising officer. Step 3: Suspension Without Pay or Accumulation of Active Service Time There may be performance, conduct, behavior, or attendance issues so problematic or harmful that the most effective action may be the temporary removal of the member from the workplace. Suspensions are subject to approval by the Fire Chief, or designee. A statement outlining that the member may be subject to additional discipline up to and including termination if immediate and sustained corrective action is not taken should also be included in the suspension notice. The member will be asked to sign this document to acknowledge receipt. Offenses may include, but are not limited to: 1. Call response or training drill attendance below minimum requirements; third offense within the previous 24 consecutive month period of active service time. (Note: Suspensions occurring for attendance requirement infractions shall be subtracted retroactively. That is, taken from the quarter that training drill or call response attendance was below the minimum requirements.) 2. Depending on the severity of the infraction: violations of safety rules, policies, guidelines, ordinances, or statutes. 3. Other incidents requiring corrective action as deemed appropriate by the supervising officer. Step 4: Termination Termination from membership must be approved by the Fire Chief, or designee. The City Council shall take final action relative to the termination of a member. Page 14 Offenses may include, but are not limited to: 1. Call response or training drill attendance below minimum requirements; fourth offense within the previous 24 consecutive month period of active service time. 2. Depending on the severity of the infraction: violations of safety rules, policies, guidelines, ordinances, or statutes. 3. Other incidents requiring corrective action as deemed appropriate by the supervising officer. Other disciplinary actions may be taken in lieu of the above four steps such as demotion or reduction in rank. If a member does not meet their call response and/or training drill attendance requirements, and the attendance percentage is less than 15%, then that member will automatically forfeit 60 days of active service time. Documentation Oral reprimands, written warnings, suspensions, and terminations will be documented, with the original provided to the member and a copy placed in their personnel file. Members may be asked to sign that he or she has received the documentation, not to indicate agreement with the action. A member may use the Employment Issue Resolution process if they believe that disciplinary action was either unjust or disproportionate to the offense committed. • � . ' - • • ' • The Apple Valley Fire Department strives to maintain cooperative working relationships among members where concerns are addressed promptly and effectively. Members shall not restrain, interFere with, discriminate against, or retaliate against any member because they presented a good faith complaint. Purpose To provide a process and options for members seeking resolution of a department related concern. Scope This policy applies to all volunteer/paid-on-call members of the Apple Valley Fire Department. Page 15 If a complaint alleges a violation of the City's Discrimination and Harassment policy, such complaint must be pursued under the Discrimination and Harassment policy instead of the process under this section. Policy The Apple Valley Fire Department and the City of Apple Valley are committed to sustaining a positive, productive, and professional work environment. The Department and City recognize that at times, a department/membership related conflict or complaint may arise, and this policy establishes the steps to facilitate an orderly process for allowing a member's concerns to be heard. The department/membership issue resolution policy is intended to: • Provide the opportunity to resolve a conflict or complaint quickly, fairly, and without retaliation. • Improve communication and understanding between members; and between members and their supervisor. • Support a positive department environment by designating responsibility for preventing and resolving conflicts and complaints to all members. • Identify various options for members to bring forth a concern for an objective review of department/membership related matters. Requests for issue resolution, complaints, and appeals will be reviewed and a response given as soon as practical. Penalty or retaiiation against a member who initiates issue resolution or makes a complaint, or participates in a problem resolution review will not be tolerated and will be subject to disciplinary action up to and including termination. Members may choose to utilize the resources provided through the City's Employee Assistance Program (EAP), recognizing this confidential program does not constitute a report to or knowledge on the part of the AVFD or the City. Immediate Supervisor Members who are experiencing a department related conflict or have a complaint are encouraged to resolve it directly through discussions with the subject of concern. fn some situations, this may be difficult or inappropriate. In these cases, the member should discuss the matter with his or her supervisor and/or use the chain of command in an attempt to resolve the concern. If the member is not satisfied with the results, the member may file a complaint with the Fire Chief. Page 16 Fire Chief/Department Head Members who have a complaint requiring the Fire Chief's management intervention in relation to a department related issue should prepare written documentation, with supporting details, of the conflict situation or complaint and submit it to the Fire Chief, or designee. A form is included in the appendix of this handbook to assist in documenting the issue or concern. P/ease note: Written documentation is not required in order for the complaint to be made; however, it is strongly encouraged to allow the Department to best understand the issues involved and take appropriate action. Upon receipt of the written complaint, the Fire Chief, or designee, shall meet with the member in a timely manner to hear and consider the member's complaint and shall issue a written response to the member in a timely manner. The Fire Chief, or designee, shall take steps to investigate the member's complaint and take necessary actions, such as: 1. Take action appropriate to the authority of the Fire Chief, or designee, to resolve the member's complaint; or 2. Inform the complainant it is the conclusion of the Fire Chief, or designee, that the complaint provides no basis for Department action. City Administrative Level If the member is not satisfied with the resolution provided at the Fire Chief level or with the progress of the issue resolution process, the member may submit the issue to the City Administrator, or designee, for review. The City Administrator, or designee, shall review as necessary, and issue a written statement of disposition of the issue in a timely manner. The decision of the City Administrator shall be finaL ' - • . � Members are encouraged to provide the Fire Chief with a written resignation stating the last day of inembership and reason for leaving fourteen (14) calendar days prior to the last day of inembership. Members eligible for a pension should refer to the Apple Valley Firefighters Relief Association bylaws for additional requirements. Page 17 • � � • . . • ' . ' • � • The AVFD depends on the active participation of all rnembers to be successful in meeting the department mission. Members are expected to regularly respond to emergency and non-emergency calls for service and to attend department trainings and meetings. In addition, special work details and events may be assigned by a department officer. If a member cannot attend or fully participate in calls for service or training due to a medical condition or emergency, they should contact their supervising officer as early as possible. The supervising officer should always be informed of a member's expected date of return. Regular attendance is an essential component of a member's performance and may be considered when making recommendations for promotions and/or educational opportunities. Unexcused absences may be subject to disciplinary action. '- �• � �. The AVFD is responsible for responding to emergency and non-emergency situations in a timely fashion with adequate resources. Members are encouraged to respond to as many calls for service as possible. All members must respond to a minimum of 30% of paqed calls assiqned to their station. Non-paged calls will not be counted towards the total number of calls assigned to one's station. If a member responds to a call for service out of another station, it will be figured into a member's percentage, by raising the number of calls for which the member is responsible. Attendance for calls will be taken after appropriate time has been allowed for members to reach the fire station. Members are generally expected to respond to a call within ten minutes and to remain until the call and all necessary responsibilities are completed. When a firefighter is not able to respond on a call at his/her station because they are performing fire department business, for which there is no payment, the person shall be paid and receive percentage credit for the call which they missed. When a firefighter is not able to respond to a call because they are attending a school, convention, or other function for which they are receiving per diem, or some other compensation, then they shall receive percentage credit for calis for their station, but no pay. Page _ 18 Call percentages are evaluated quarterly. When a member does not meet the quarterly call response attendance requirements, the discipline process will be implemented following the release of the quarterly percentages. . � � . The AVFD believes in the positive relationship between member training participation and high levels of performance and safety. Members are strongly encouraged to attend all regularly scheduled training drills. All members must attend a minimum of 30% of the total reqularly scheduled traininq drills, Mondav niqhts and Thursdav mornings. All members must satisfactorily complete mandatory department trainings. If a firefighter is unable to attend a mandatory training, they must contact their immediate supervising officer or the training officer to make up the training as soon as possible. Scheduled training drills that fall on holidays observed by the City will be conducted at the discretion of the Fire Chief or Training Officer. Such drills shall be optional and shall not count against a firefighters training drill percentage. Special drills may be conducted, at the discretion of the Fire Chief or Training Officer. Training drill percentages are evaluated quarterly. When a member does not meet the quarterly training attendance requirements, the discipline process will be implemented following the release of the quarterly percentages. Vacation Vacation is available for members to use at their discretion to cover absences from firefighter obligations because of personal vacations, family needs, school programs, or personal needs. Vacation time is unpaid and will count as active service time. Page 19 Members will be allowed to claim up to a maximum of four (4} weeks' vacation time within a calendar year, based on the following years of active service with the AVFD. From Date of Hire to beginning of 5 t " year of inembership: 2 weeks From 5 th year to beginning of 10 year of inembership: 3 weeks From 10 year of inembership and beyond: 4 weeks Unused vacation time will not carry over into future calendar years and shall be used in one week increments (seven consecutive days). Vacation must be requested in writing, using a department vacation form and signed by the member's supervising officer at least two days prior to the start of the identified period. Verbal permission will only be allowed in an emergency situation and must be approved by an officer within a member's station or a chief officer. There shall be no more than five members of any given station granted vacation concurrently. Vacation will be approved on a first come first served basis. Calls for service and training drills that occur during requested vacation periods will not count against a member's percentages. It will reduce the number of calls and training drills for which the member is responsible, by eliminating out of the percentage equation those calls paged at a member's station and drills scheduled during the vacation period. (Note: effective April 1, 2012 members will no longer receive credit for calls and training drills missed.) If a member responds to a call for service or training drill during their requested vacation period, it will be figured into a member's percentage, by raising the number of calls or training drills for which the member is responsible. Personal Leave of Absence Upon the approval of the Fire Chief, members can request a personal leave of absence. Personal leaves of absence will be no fewer than three months, and may be extended in one month increments, not exceeding twelve months in the previous ten years of inembership. Members on personal leave for a period of more than three months will forFeit rank, position, and committee involvement and must reapply for any leadership position or committee involvement upon return and availability of open positions. Members need to make the appropriate arrangements with their supervising officer to fulfill the duties of their position upon return and must also contact the training officer to arrange for makeup of any missed mandatory training. Members on leave of absence are exempt from call response and training drill percentages, and do not respond to calls or attend training drills. Members Page 20 taking a leave or returning from a leave of absence will have their cali and training drill percentages pro-rated to exclude leave time from the quarterly evaluation period. Members on Personal Leave of Absence do not accrue active service time. Medical Leave (Off Duty) Medical leave of absence (off-duty) may be granted for a medical condition, injury, or illness unrelated to department or firefighting duties. Members who are in need of a medical leave should notify their supervising officer as soon as possible. Members will be required to provide appropriate verification from a health care provider within two weeks of requesting the leave. The maximum time for medical leave (off-duty) is three months. Medical leaves may only be extended beyond three months with the approval of the Fire Chief and Human Resources. Members will be required to provide written release from their medical care provider before being given approval to return to active service. The AVFD may require evaluation by the City's occupational health care consultant regarding medical leave extensions, approval to return to active service, or determining the viability of returning to full department/firefighting duties. Members on medical leave will be notified in writing by the Fire Chief or designee when they are approved to return to active service duties. Members on medical leave are exempt from call response and training drill percentages, and do not respond to calls or attend training drills. Members taking a medical leave (off duty) will have their call and training drill percentages pro-rated to exclude leave time from the quarterly evaluation period Members need to make the appropriate arrangements with their supervising officer to fulfill the duties of their position upon return and must also contact the training officer to arrange for makeup of any missed mandatory training. Members on Medical Leave (Off Duty) do not accrue active service time. Medical Leave (Line of Duty) Medical leave of absence (line of duty) may be granted for a medical condition, injury, or illness related to department or firefighting duties. Members injured in the line of duty must report the injury to the supervisor in charge immediately. Supervisors will report the injury to the Fire Chief or designee, who will report the injury to Human Resources and work together to coordinate any necessary follow up actions. Page 21 The AVFD will require evaluation by the City's occupational health care consultant before a member is granted a medical leave (line of duty). The maximum time for medical leave (line of duty) is twelve months. Medical leaves may only be extended beyond twelve months with the approval of the Fire Chief and Human Resources. The AVFD will work in coordination with the City's occupational health care consultant regarding medical leave extensions, approval to return to active service, or determining the viability of returning to full department or firefighting duties. Members on medical leave will be notified in writing by the Fire Chief or designee when they are approved to return to active service duties. Members on medical leave are exempt from call response and training drill percentages, and do not respond to calls or attend training drills. Members taking a medical leave (line of duty) will have their call and training drill percentages pro-rated to exclude leave time from the quarterly evaluation period Members need to make the appropriate arrangements with their supervising officer to fulfill the duties of their position upon return and must also contact the training officer to arrange for makeup of any missed mandatory training. Members on Medical Leave (Line of Duty) accrue active service time. Military Leave The City complies with all federal and state laws regarding military leave. Members should notify the AVFD as soon as possible when taking a military leave. Members are eligible for up to 15 days per year for reserve training. During this reserve training, no call or training drills are counted against the member attendance percentages. Members who are called to active duty are exempt from call response and training drill percentages, and do not respond to calls or attend training drills. Upon separation from active military duty, members should contact the Apple Valley Fire Department to comply with the City of Apple Valley's reinstatement policies. Members on active military duty accrue active service time in accordance with Minnesota State Statutes 424A.021. Unrequested Leave of Absence Members who have not attended a training drill or responded to a call for at least 45 days (inclusive of approved vacation) shall be considered as being on unrequested leave of absence. The Fire Chief shall notify any member by certified mail that their membership with the Apple Valley Fire Department will fully terminate if they have not applied to the Fire Chief for reinstatement within 30 days from the date of the letter. Page 22 • : • . . �� The City offers a generous retirement benefit to AVFD members who meet the minimum requirements of accrued active service time as established in the bylaws of the Apple Valley Firefighters Relief Association (AVFRA). The retirement program is maintained by the AVFRA. Specific details of the program can be found in the bylaws of the AVFRA. . .- . The City Council shall determine by resolution the volunteer/paid-on-call firefighter compensation rate for attending training drills, responding to calls, and fire officer's compensation. Firefighters will be credited a minimum of one hour of pay for each call or drill attended, and will be paid in half hour increments (rounding forward to the next half hour) for any time beyond one hour. •- � ' •� Employee Assistance Program (EAP) The City provides a confidential assessment and referral service through its healthcare provider, to assist members and their families in solving problems. Members and their families have access to certified social service counselors 24 hours a day at no cost. These counselors can assist with personal, departmental concerns, family issues, legal concerns, financial planning, and many other issues that may cause stress or concern. Members can contact the City's provider anonymously, by picking up a brochure and instructions located at each fire station, fire administration, and/or the City's human resources department. Critical Incident Stress A critical incident stress debriefing group session, led by a team of specially trained mental health professionals and peer counselors is provided to any AVFD member who requests a session following a critical incident. Page 23 ' •• Health and wellness is important for all members. The City promotes improved health and fitness by inviting all members to the annual health fair, by approving appropriate requests for exercise equipment in the stations, and by offering a variety of health activities throughout each year. Page 24 • • • • . � - - • • - - . - Performance Reviews are designed to provide members with feedback regarding their performance as it relates to specific work areas and competencies that have been identified as critical. It is also an opportunity to identify goals and development areas for the member in the upcoming year. Members receive a performance review at least once per year and minimum of every six months while on probation. . . � �- - •• In addition to department training requirements, members are encouraged to seek outside training opportunities that will enhance their skills and knowledge as it relates to their positions with the AVFD. Approved training will be paid for by the department. Members who do not complete the approved training may be required to reimburse the department. Page 25 • . • 1 ' • . ' � • ' • � The AVFD has established general guidelines for member behavior in an effort to protect its members and the interests of the Department and the City. The AVFD expects members to: • Display professional conduct, • Project a positive image, • Be faw-abiding citizens, • Maintain confidentiality, and • Follow the policies, procedures, and guidelines of the Apple Valley Fire Department. Violation of any of the above may result in disciplinary action. Fire Department members should always bear in mind that they are public servants serving the City and that their conduct and behaviors are subject to criticism by the public, to a greater extent than almost any other line of work. For this reason, the unwritten social rules of good conduct and behavior, as practiced by law-abiding and self-respecting citizens should be observed at all times by all members. � -. - . . Members are prohibited from requesting or soliciting gifts or gratuities from a member of the public or interested party. Members may not accept unsolicited gifts or other gratuities from a member of the public or interested party. Exceptions are made with authorization from the Fire Chief when requests and solicitations are made to benefit the public through the Apple Valley Firefighters Reiief Association. "Interested party" refers to a person or representative of a person or association who has a financial interest in a decision the member is authorized to make. For example, a City building inspector may rnake decisions that require a contractor to spend more money. Therefore, an inspector cannot accept a giffi from a contractor who does work requiring building inspections. Page 26 Following are instances when a member may be allowed to accept an unsolicited gift: • Services of insignificant monetary value. • A plaque or similar memento recognizing individual services in a field of specialty or for a charitable cause. • A trinket or memento of insignificant value. • Food or beverage given at a reception, banquet meal, or meeting away from the workplace provided by an organization at which the member appears to make a speech or answer questions as part of a program. � Gifts given because of the member's membership in a group, (in which a majority of the group members are not officials), and an equivalent gift is given to other group members. � Informational material of unexceptional value. � • • • • � • PURPOSE To establish an Alcohol and Drug Use: "Zero Tolerance" policy for the safety of the members and public. GENERAL The Apple Valley Fire Department maintains a zero tolerance policy regarding the use of alcohol and/or drugs while participating in Fire Department functions, including: • Response to fires, emergency incidents, and other calls for service; • Participation in Fire Department training activities; and • Participation in any other activities where the firefighter is serving as an official representative of the Fire Department. POLICY 1. If a member has consumed any substance that may impair physical activity or mental judgment, the member shall not respond to an emergency incident or call for service, and shall not participate in training, or any other department activity, nor shall they present themselves at a department facility. This specifically includes but is not limited to; • Consumption of any alcohol within an eight-hour period; • Use of any illegal drugs; or _ Page 27 • Use of any prescription or non-prescription medication which is labeled with a warning regarding drowsiness, driving, or operation of machinery, unless a physician has certified that the member can safely and properly perform the duties of a firefighter while using the identified medication. 2. Any member who during an emergency response or call for service observes any indication that another member is under the influence of alcohol or drugs shall report those observations to the Fire Officer in command. Such indications include but are not limited to the odor of alcohol on the breath, slurred speech, unsteady gait, or disorientation. A member who observes such indications and fails to report them as required is subject to disciplinary action. 3. If the Fire Officer in charge has a reasonable suspicion that a member may be under the influence of alcohol and/or drugs during an emergency response or call for service, the Fire Officer shall ensure the member is relieved of duty and kept in a safe area. A ride home will be provided to the member as soon as possible. In no case will the member be allowed to drive home from the fire department activity. Grounds for reasonable suspicion of being under the influence of alcohol and/or drugs include but are not limited to: odor of alcohol on one's breath, slurred speech, unsteady gait, and disorientation. The Fire Officer in command may require that the individual immediately submit to a field impairment test ("Field impairment test" means "walk a straight line, touch your finger to your nose" type test, not a blood or urine test.). An individual's refusal to submit to such tests is grounds for disciplinary action. The Fire Officer shall document the time, date, observed behavior, witnesses, what was done, and substance of any conversation conducted with the member. This documentation shall be immediately forwarded to the Fire Chief. 4. A Fire Officer in command who fails to fulfill the responsibilities for action listed in Paragraph 3 shall be subject to disciplinary action. 5. Disciplinary action for violation of this policy may include a written warning, suspension, or termination. A firefighter who responds to a call or attends department training while under the influence of alcohol or drugs may also be required to undergo chemical abuse assessment and/or treatment. Page 28 • • • • • � � ' • AVFD technology and resources are provided to members to assist them with their department responsibilities. All AVFD technology and resources are the property of the City of Apple Valley. This includes resources such as software, hardware, email, voicemail, and fax machines. The City reserves the right to access any messages or files stored on City technology without consent. AVFD technology and resources should be used primarily for AVFD business. Personal use is allowed on an occasional basis according to the guidelines outlined in the City's Information Technology Policy. Members should not use AVFD technology and resources for any purpose that would reflect negatively on the Department and/or City. Members should use caution when sending confidential or sensitive information through email. Members may not download software or programs without approval from the Information Technology division. The City's full Information Technology Policy can be found on the department's intranet site. . .- . . During the course of duty, members have significant access to private and personal information. Members must maintain the confidentiality of such information to protect the privacy of the subjects of the information, and to maintain the public faith in the department's commitment to preserving such confidences. Disclosure of confidential information can be made only in accordance with established City policies and procedures as well as state and federal law. A member, who is unsure about the release of confidential information, should see their supervising officer, Fire Chief, or the City Clerk prior to releasing the information. . . It is expected that all members will exercise good judgment in avoiding outside activities or situations where conflicts of interest with City business exist or could be perceived to exist. Following are some examples of situations where conflicts of interest might occur: • If a member's official capacity with the City or with an outside organization may enable them to influence the placing of City business which allows them to directly or indirectly gain something of value. Page 29 • If a member accepts a paid or unpaid position elsewhere and perForms an activity that interferes with the member's duties or job performance at the City. • If a member uses AVFD information not generally available to the public, in the member's private affairs which allows them to directly or indirectly gain something of value. • If a member's personal relationships may have inappropriate influence on AVFD decisions. � . . Members are expected to dress in a manner appropriate to the perFormance of their duties. When appropriate, wear clothing that is clean and well maintained and observe good grooming and personal hygiene practices. The AVFD has a standard operating policy related to uniforms and gear. When responding directly to calls, members should make every effort to wear AVFD identifiable clothing. Members should keep in mind that while wearing department uniforms or AVFD identifiable clothing of any kind, they are representing the City and the Apple Valley Fire Department to the public, even if they are not on duty. Accordingly, it is the duty and responsibility of every member to protect and uphold the reputation of the City and AVFD in their actions. � Members of the AVFD are required to hold a valid State of Minnesota driver's license. Members must notify the Fire Chief of any suspensions, revocations, and/or actions taken which would affect the member's ability to maintain licensure or insurability. Loss of a driver's license will require a member to take a personal leave of absence. Page 30 � ' • � • Members are allowed to claim reimbursement of expenses (e.g. lodging, meals, and transportation) only when those expenses are: • Incurred in the course of conducting City business or attending approved conferences or training at off-site locations, • Reasonable and necessary, • Supported by receipts, and, • Approved by the Fire Chief. The member must pay expenses incurred by a guest who is attending a conference with the member. A member who is required to use their personal automobile on AVFD business will be reimbursed at the rate currently permitted by the IRS for allowable travel expense purposes. Claims for mileage must include date of travel, purpose, and number of miles traveled. Forms for mileage claims are available from Fire Administration, on the department's intranet page, and from the City Finance Department. Certain members may be required to purchase supplies, materials, equipment, or services for AVFD business. Members must be authorized by the Fire Chief in order to approve purchases for payment, and must follow the current purchasing procedures established by the City Finance Department. Questions related to purchasing should be directed to the Fire Chief, the Department Assistant, or the City Finance Department. -• '- , • The City of Apple Valley strives to provide the public with accurate and timely information, communicated in a professional manner and in accordance with the laws regarding public information and data practices. This section provides guidelines for members who may have contact with the media while acting on behalf of the City or department while performing their job duties. The policy also spells out the guidelines for all external communications from the City or department to various public audiences. The following persons are authorized to speak or write on behalf of the City: • The City Administrator, _ Page 31 • Fire Chief, • Other employees and members specifically approved by one of the above. All requests for media interviews or information are to be routed through the Fire Chief with the exception of the following routine events: • Calls to Fire Administration for routine information such as meeting times and locations, publicly available information, and other basic requests for information. • Routine media calls to the fire department looking for general, non-identifying information. The Fire Chief must be notified when a reporter or camera crew is on City property or at the scene of a fire call. The Fire Chief or designee should be present at all media interviews, if possible, to document the interview and be available as a resource to the interview subject. All external publications must be reviewed by the Fire Chief or designee prior to publication. This includes news releases, articles, newsletters, materials written by outside or contract writers, brochures, flyers, and handouts. The policy does not apply to communications such as utility bills, official documents, elections materials and the like. The Fire Chief is a resource for internal and external communications matters related to the Fire Department. . � Work areas such as offices, lockers, work stations, and City vehicles are the property of the City. As such, the Fire Chief or his designee has the right to enter or inspect them without a member's consent. Members have no expectation of privacy in these work areas ' • • - � . . • - Any member who damages City property or discovers damage to City property must immediately report it to their supervising officer. Page 32 As an individual, a member may express their opinion on politica� issues and candidates, and otherwise participate in public affairs when not discharging official duties during Fire Department business. Political activity must not impair the neutral and efficient performance of official duties. The following activities are prohibited for members: • Soliciting or receiving political funds during department business and/or while wearing AVFD identifiable clothing, • Using their authority or official influence to compel another member to 1) apply for membership in or become a member of any political organization, 2) pay or promise to pay a political assessment, subscription, or contribution, or 3) take part in a political activity, • Using membership to influence, interfere with, or affect an election campaign or the results of an election. No member may engage in personal political activity while on Fire Department business or while discharging City responsibilities. No member may act in a manner that suggests that the City or AVFD either supports a particular candidate or political issue or endorses the personal political opinions of the member. Use of City vehicles, facilities, equipment, or other resources while engaging in political activities is strictly prohibited, unless City resources are available to the public at large for use in connection with political activities (e.g., a meeting room reserved by a particular group). Members should recognize that their actions may reflect on the City of Apple Valley and should make every effort, without restricting and consistent with their right to engage in political activity, to protect and retain the political neutrality of the City. ' • : • It is the policy of the City of Apple Valley to promote a positive and respectful workplace and public service environment that is free from harassment, violence, discrimination, and other offensive behavior. Maintaining a respectFul workplace is a responsibility shared by all members. The City's Harassment Prevention and Page 33 Respectful Workplace Policies can be found in City's Personnel Ordinance and/or Policies. Type of Inappropriate Behavior Harassment: Verbal or physical conduct that is threatening or hostile toward an individual because of their race, creed, color, religion, sex, national origin, marital status, status with regard to public assistance, disability, age, membership on a local human rights commission, or sexual orientation. Discrimination: Inappropriate remarks, conduct, or employment/membership decisions that are made based on a person's race, creed, color, religion, sex, national origin, marital status, status with regard to public assistance, disability, age, membership on a local human rights commission, or sexual orientation. Violent Behavior: The use of authority, physical force, threats of force, or intimidation to cause fear or harm. Offensive Behavior: Unwelcome work-related actions such as angry outbursts, inappropriate joking, name-calling, or using disrespectful language. Any member who feels they have been subjected to harassment, discrimination, violent behavior, or offensive behavior is encouraged to report it immediately to one of the contacts as outlined in the City Personnel Ordinance and/or Policies. . The safety of AVFD members is of utmost concern. All members have a responsibility to help maintain the safety and security of co-workers, customers, facilities and property. Members should immediately contact their supervising officer or the police if they observe anything that could pose a threat to the safety or security of inembers, customers, facilities, or property. It is the responsibility of each member to: • Understand and follow all policies and safety standards, • Know the safe and proper use of any tool, piece of equipment or vehicle before it is used, • Operate all tools, equipment and vehicles in a safe and careful manner, • Comply with state law and wear seat belts whenever driving or riding in City vehicles or personal vehicles while performing AVFD business. This includes traveling to and from fire stations for call response and training. Page 34 Members must report all accidents and injuries to their supervising officer immediately, or as soon as practical, no matter how small or insignificant the incident appears to be. Failure to make timely injury reports may jeopardize benefits. Members should be vigilant in looking for any potential hazardous conditions or unsafe practices and in immediately reporting these conditions to their supervising officer. Identification Cards, Fobs, Personal Identification Numbers (PINs), and Keys The AVFD issues a photo identification card, fob, and PIN for station access and business uses, to all active members. Fire officers may also be issued department keys. These items are for the use of the assigned member only and cannot be transferred or loaned to someone else. To maintain security, lost or stolen cards and fobs must be immediately reported to Fire Administration, who may report the occurrence to the Police Department. Members may be charged for lost cards and fobs. Members who cannot gain access with their PIN should contact Fire Administration to have the issue resolved. Identification cards, fobs, and keys are the property of the City and must be returned upon termination of inembership or at the request of the Fire Chief or designee. Non-Public Areas Atl areas controlled by card access or security code are for members only. Members of the public must be invited and accompanied by a member to be admitted to these areas. Members are responsible for the individuals they bring into secured areas. Members should exercise caution when dealing with angry or hostile individuals on City property. Do not invite angry or hostile individuals into non-public areas. If an individual makes threatening comments or displays other erratic behavior, notify the police immediately. Weapons Possession or use of dangerous weapons, including handguns and firearms, by department members, is prohibited on City property; in City vehicles; while Page 35 driving or riding as a passenger in a personal vehicle or any types of mass transit while on department business; working off-site on behalf of the department; perForming emergency or on-call work after normal business hours and on weekends; working at private residences or businesses on behalf of the department, and attending training or conferences on behalf of the department. Exceptions to this policy are as follows: • Members may possess firearms in City-owned parking areas if the member holds a valid permit (providing one is required) and if the firearm is secured within an attended personal vehicle or concealed from view within a locked, unattended personal vehicle while the member is working on City property. However, firearms may NOT be carried by the member during the course of City business or in the member's personal vehicle while it is being used in the course of City business. • This policy does not apply to a member who is showing or transferring the weapon or firearm to law enforcement officers as part of an investigation. • This policy does not apply to sworn law enforcement officers and other members who are in possession of a weapon or firearm as part of their official duties. AVFD members should not allow members of the public that are carrying weapons into non-public areas. Although the City cannot prohibit members of the public from possession of a handgun on public property, appropriate precautions can be taken. Following are instances when members should contact the Police Department immediately by radio or by calling 9-1-1 (or 9-9-1- 1). • An individual uses a handgun in a manner that would cause a reasonable person to feel threatened (for example, the individual is recklessly handling a handgun or pointing the gun at someone). • An individual displays a handgun or makes comments about a weapon or handgun in a manner that would cause a reasonable person to feel threatened. Tobacco Use Use of tobacco in any form is prohibited in any building owned or leased by the city. Use of tobacco in any form is prohibited in any vehicle owned or leased by the city when that vehicle is available for use by other fire department members or city employees or transport of persons in city-related business. _ Page 36 .,. �. C .... ..... .... .... City of App�e Va��ey MEMo City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela J. Gackstetter, City Clerk DATE; March 19, 2012 SUBJECT: CEMETERY ADVISORY COMMITTEE VACANCY On January 26, 2012, the Council authorized accepting applications for the Cemetery Advisory Committee vacancy through February 29, 2012. Three applications were received by the deadline and provided to you under separate cover. Listed below are the names of individuals interested in serving on the Cemetery Advisory Committee. Timothy Anderson Dave Freed John Jorgenson There is one vacancy. The appointment has a three-year term expiring March 1, 2015. Staff recommends considering appointment at the March 22, 2012, meeting. If the Council would like to fill the vacancy, ballots will be distributed. Following the balloting process, a motion should be made adopting the attached resolution appointing the individual to the Committee. Please advise if you have questions. �PJg Attachment CITY OF APPLE VALLEY RESOLUTION NO. 1997-165 A RESOLUTION ESTABLISHING A PROCEDURE FOR APPOINTMENT TO FILL POSITIONS ON COMMISSIONS AND COMMITTEES WHEREAS, the City Council has established advisory commissions and committees whose members are appointed by the Council and any vacancies during a term are also filled by Council appointment, and WHEREAS, the City Council desires to establish a written procedure by which to make such appointments, and WHEREAS, this procedure will be used as a preliminary process and not a binding Council action; further Council action, by motion, will be necessary to appoint candidates for the positions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following procedure will be used to reduce the number of candidates considered by the Council in making appointments to advisory commissions and committees and to fill any vacancies thereon: L The Mayor will call for nominations for a position or positions from the Councilmembers. 2. A nominee may decline the nomination at any point up to the time that nominations are closed. 3. When no further nominations are offered, the Mayor will close nominations. 4. If the number of nominations is equal to the number of positions to be filled, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint to the position of " Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. 5. If the number of nominations is greater than the number of positions to be filled, a written roster will be prepared listing the nominees and the Council shall proceed in the following manner: a) On the first round, and any subsequent rounds, each Councilmember shall, in writing, select that certain number of names which is one less than the total number of the names appearing. b) After the City Clerk has received the selection from each Councilmember, the City Clerk shall record the selection and announce the remaining names. c) Any name or names not having been selected by more than two of the Councilmembers shall be stricken by the City Clerk from the succeeding round and shall no longer appear as a name(s) to be considered by the Council; except that, if after selection by the Council there results a tie between or among all the names appearing on the round, the Council, in writing shall again select until one or more names have been stricken; provided, however, that if such a situation exists, the Council shall not reselect more than three times. In such a situation, the process shall end. Otherwise, the process shall end when only one name remains. d) After the process has ended, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint to the position of ." Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. ADOPTED this l Oth day of July, 1997. /s/ Gary L. Humphrey Gary L. Humphrey, Mayor ATTEST: /s/ Marv E. Mueller Mary E. Mueller, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2012- RESOLUTION APPOINTING CEMETERY ADVISORY COMMITTEE MEMBER WHEREAS, Section 32.02 of the Apple Valley City Code, as amended, provides for appointment by the City Council of inembers of the Cemetery Advisory Committee; and WHEREAS, a vacancy now exists on the Cemetery Advisory Committee due to the resignation of Gary Wagner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that is hereby appointed to the Cemetery Advisory Committee for a term expiring March l, 2015. BE IT FURTHER RESOLVED that members of the Cemetery Advisory Committee are then as follows: Name Term Expires 1. Noel Hammill March 1, 2013 2. Paula Moore March 1, 2013 3. Nancy Anderson March 1, 2014 4. David Brueshoff March 1, 2014 5. Alan Kohls March 1, 2014 6. David Kemp March 1, 2015 7. March 1, 2015 ADOPTED this 22nd day of March, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. _� ❑ Timothy Anderson I I I ❑ Dave Freed � I ❑ John Jorgenson � I I1 ❑ ❑ Name CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. �_ ❑ Timothy Anderson u Dave Freed � John Jorgenson ❑ ❑ Name ��y� � CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. _!_ Timothy Anderson ❑ Dave Freed John Jorgenson ❑ ❑ Name ' �!''A CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. �_ � Timothy Anderson � Dave Freed ❑ JohnJorgenson ❑ ❑ Name �� CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. � � Timothy Anderson ❑ Dave Freed John Jorgenson ❑ ❑ Name CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. , Timothy Anderson ❑ Dave Freed John Jorgenson ❑ ❑ Name CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. � ❑ Timothy Anderson � I"1... , - � -- - --'- ❑ John Jorgenson ❑ ❑ Name CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. 2 ❑ Timothy Anderson ❑ IJ John Jor enson 9 ❑ ❑ , Name�� CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. �L► Timothy Anderson ❑ ❑ John Jorgenson ❑ ❑ � Nam �l CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. r L � Timothy Anderson ❑ ❑ John Jorgenson ❑ ❑ Name � CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND NO. r L � Timothy Anderson ❑ ❑ John Jorgenson ❑ ❑ Name ' � CEMETERY ADVISORY COMMITTEE March 22, 2012 ROUND N0. �► Timothy Anderson ❑ ❑ John Jorgenson ❑ ❑ Name .�. 8 . �.�� �.��. �.�. ... city of App�e Va��ey MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela J. Gackstetter, City Clerk DATE: March 19, 2012 SUBJECT: CALENDAR OF EVENTS Following are upcoming events for your calendars: Day/Date Time Location Event Wed./Mar. 21 11:30 a.m.-1:30 p.m. Hayes Community Chamber Luncheon and Senior Center State of the City Address WedJMar. 21 7:00 p.m. Municipal Center Planning Commission Wed./Mar. 21 9:00 a.m. Municipal Center Firefighters Relief Association Thur./Mar. 22 7:00 p.m. Municipal Center Regular City Council Meeting * Thur./Mar. 29 4:00-7:00 p.m. Shops of Galaxie Thisweek Newspapers & Dakota Atrium County Tribune Open House Fri./Mar. 30 11:00 a.m.-3:00 p.m. Hayes Community Apple Valley Seniors Showcase and Senior Center Dakota County Sat./Mar 31 9:00 a.m.-3:00 p.m. Western Service 2012 Home & Garden Expo Center Tue./Apr. 3 7:30-9:00 a.m. Verizon Wireless Chamber Coffee Connection Wed./Apr. 4 7:00 p.m. Municipal Center Planning Commission Lakeview Bank, Ghamber Business After Hours Thur./Apr. 12 4:30-6:30 p.m. Lakeville, MN Legacy Awards Thur./Apr. 12 5:30 p.m. Municipal Center Informal City Council Meeting Thur./Apr. 12 7:00 p.m. ^ Municipal Center Regular City Council Meeting * Tue./Apr. 17 2:00 p.m. Municipal Center Cemetery Advisory Committee Wed./Apr. 18 9:00 a.m. Municipal Center Firefighters Relief Association Wed./Apr. 18 7:00 p.m. Municipal Center Planning Commission Thur./Apr. 26 4:30-6:30 p.m. Henry W. Anderson Chamber Business After Hours Mortuary Thur./Apr. 26 7:00 p.m. Municipal Center Regular City Council Meeting * Each of the above-noted events is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. :sam �s- � R55CKREG �vd20000 CITY OF AP� nLLEY 3/1; '12:35:51 Council Check Register Page - 1 3/10/2012 -3/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No inv No Account No Subledge Acco Description Business Unit 471 3116/2012 100036 APPLE VALLEY CHAMBER OF COMMER 15.00 ADM MTG REG LAWELL OCT 00064935 202457 13894 1010.6275 SCHOOLS/CONFERENCES/EXP LOCALADMINISTRATION 30.00 DEV MTG REG NORDQUIST/DYKES 0�64935 202457 13894 1100.6275 SCHOOLS/CONFERENCES/EXP LOCAL DEV MANAGEMENT 30.00 POL MTG REG TIETZlDEMING OCT 00064935 202457 13894 1200.6275 SCHOOLS/CONFERENCES(EXP LOCAL POLICE MANAGEMENT 30.00 COUNC MTG REG HAMANN-ROLAND0�9f935 202457 13894 1005.6275 SCHOOLS/CONFERENCES/EXP LOCAL MAYOR/CITY COUNCIL 30.00 POL MTG REG TIETZ/DEMING NOV 00064933 202458 13928 1200.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE MANAGEMENT 30.00 DEV MTG REG NORDQUIST/DYKES CllD64933 202458 13928 1100.6275 SCHOOLS/CONFERENCES/EXP LOCAL DEV MANAGEMENT 15.00 ADM MTG REG LAWELL DEC 00064934 202459 13976 1010.6275 SCHOOLS/CONFERENCES/EXP LOCALADMINISTRATION 30.00 DEV MTG REG NORDQUIST/DYKES �[H164934 202459 13976 1100.6275 SCHOOLS/CONFERENCESlEXP LOCAL DEV MANAGEMENT 30.00 POL MTG REG TIETZ/DEMING DEC 00064934 202459 13976 1200.6275 SCHOOLS/CONFERENCESlEXP LOCALPOLICE MANAGEMENT 30.00 COUNC MTG REG HAMANN-ROLAND0�6W934 202459 13976 1005.6275 SCHOOLS/CONFERENCESlEXP LOCAL MAYOR/CITY COUNCIL 27D.00 472 3/16/2012 100360 ARCTIC GLACIER INC 139.56 NOTAX#1 00002202 202319 439203411 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 63.20 NOTAX#1 00002202 202320 378205501 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 13.68 NO TAX#2 00002202 202321 439204203 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 31.92 NO TAX#2 00002202 202322 387206006 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 49.74 NOTAX#3 00002202 202323 387203804 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 298.10 473 3/76/2012 100775 BELLBOY CORPORATION BAR SUPPLY 78.94 NOTAX#1 00005413 202392 86390300 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 106.09 BAGS#1 00005413 202392 86390300 5025.6229 GENERAL SUPPLIES LIQUOR #1 OPERATIONS 52.9 NOTAX#1 00005413 202393 86442300 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 237.93 474 3/16/2012 100071 BOYER TRUCKS 175.91 STR-TENSIONER #327 00035173 202528 612912 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 175.91 475 3/16/2012 100828 BREUER, SCOTT A 28.29 REC MILEAGE FEB 202312 20120228 1700.6277 MILEAGE/AUTO ALLOWANCE PARK & RECREATION MANAGEMENT 28.29 476 3/16/2012 100741 DICKS VALLEY SERVICE 142.25 POL-TOW #907 TO E.A.T. 00068317 202394 124389 7205.6399 OTHER CHARGES RISK MANAGEMENTS/INSURANCE 142.25 477 3176/2012 101365 ECM PUBLISHERS INC 770.00 GOLF-EMPL AD, FOODlBEV 202395 387046 5105.6239 PRINTING GOLF MANAGEMENT 118.25 GOLF-EMPL AD SEASONAL MAINT 202396 387045 5105.6239 PRINTWG GOLF MANAGEMENT R55CKREG LOG20000 CITY OF APPLE VALLEY 3l15/2012 1235:51 Council Check Register Page - 2 3/10/2012 -3/16/2012 Check # Date Amount Supplier! Explanatio PO # Doc No Inv No Account No Subledge Account Description Busin Unit 193.00 HR-EMPL AD POOL MGR 202397 387156 1020.6239 PRINTING HUMAN RESOURCES 94.25 GOLF-EMPL AD SEASONAL MAINT 202398 387155 5105.6239 PRINTING GOLF MANAGEMENT 325.00 HCSC-AD IN THIS WEEK 00067824 202529 386320 1920.6239 PRINTING HAYES COMMUNITY & SENIOR CTR 900.50 478 3116/2012 100157 FACTORY MOTOR PARTS CO 220.14 UTIL-MISC CLEANING, SHOP 5UPP1D0068069 202399 75035139 5380.6229 GENERAL SUPPLIES SEWER LIFT STN REPAIR & MNTC 165.83 UTIL-MISC CLEANING, SHOP SUPPlD0068069 202400 13848191 5380.6229 GENERAL SUPPLIES SEWER LIFT STN REPAIR & MNTC 146:97 STR-SPRAY INNER SLIDE LUBE 00035181 202530 13846154 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MA�NTENANCE 532.94 479 3/76/2072 120313 FASTENAL COMPANY 66.82 PK-SPRING HOOK - BATTING CAGE00065068 202291 MNLAK76720 1715.6229 GENERAL SUPPLIES PARK ATHLETIC FIELD MAINTENANC 525.72 PK-WTR HTR VALVE 202531 MNLAK76764 1730.6229 GENERAL. SUPPLIES PARK BUILDING MAINTENANCE 592.54 480 3/76/2012 100168 PERRELLGAS 40.45 STR-PROPANE FOR FORKLIFT 00035206 202587 1062251730 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 6.41 STR-TANK RENTAL FOR FORKLIFT 00035206 202588 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 46.86 487 3I76/2012 100282 G& K SERVICES 7.70 CH-RUGS FEB 46896 202412 1182586554 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG & GROUNDS MNTC 7.70 CH-RUGS FEB 46896 202413 1182579702 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG & GROUNDS MNTC 7.70 CH-RUGS FEB 46596 202414 1182608387 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG 8 GROUNDS MNTC 17.78 AVCC-RUGS FEB 46765 202415 1182588814 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 17.78 AVCC-RUGS FE8 46765 202416 1182610670 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 9.75 LIQ1-RUGS FEB 46894 202417 1182575561 5025.6240 CLEANING SERViCE/GARBAGE REMOVLIQUOR #1 OPERATIONS 9.75 LIQ1-RUGS FEB 46894 202418 1182597443 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR #1 OPERATIONS 9.75 LIQ1-RUGS FEB 46894 202419 1182619412 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR #1 OPERATIONS 7J0 LIQ2-RUGS FEB 46894 202420 1182601541 5065.6240 CLEANING SERV�CE/GARBAGE REMOVLIQUOR #2 OPERATIONS 29.16 LIQ3-RUGS FEB 46894 202421 1182579699 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR #3 OPERATIONS 27.70 CH-RUGS FEB 46896 202422 1182586555 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG 8 GROUNDS MNTC 27.70 CH-RUGS FEB 46896 202423 1182608388 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BL�G & GROUNDS MNTC 40.70 CMF-RUGS FEB 46896 202424 1182588804 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS & GROUNDS MNTC 40.70 CMF-RUGS FEB 46896 202425 1182610661 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS & GROUNDS MNTC 261.57 482 3/76/2012 102235 GOPHER SIGN CO 1,11524 STR-TRAFFIC SIGNS 00047837 202532 87229 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALSlMARKERS 263.64 STR-TRAFFIC SIGNS 00047837 202533 87182 7680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 1, 378.88 � ' .J � � . R55CKREG LlIG20000 CITY OF APF ALLEY 3H: '1235:51 Council Check Register Page - 3 3/10/2012 -- 3/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 483 3/16/2072 100217 GRAINGER 316.82 UTIL-CHAIN CONTAINER/TIME RELP00068068 202534 9772905460 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 316.82 484 3/76/2072 100289 LOGIS 80.00 2012 INSIGHT LICENSES 202306 34798 5205.6399 OTHER CHARGES ARENA 1 MANAGEMENT 239.00 2012 INSIGHT LICENSES 202306 34798 5005.6399 OTHER CHARGES LIQUOR GENERAL OPERATIONS 1,235.00 2012 INSIGHT LICENSES 202306 34798 5303.6399 OTHER CHARGES UTILITY BILLING 2,431.00 2012 1NSIGHT LICENSES 202306 34798 1040.6399 OTHER CHARGES DATA PROCESSING 3,985.00 485 3/16/2012 142331 MANSON, COLW 6.67 ENG MTG MILEAGE 202401 20120228 1510.6275 SCHOOLS/CONFERENCES/EXP LOCAL PW ENGINEERING & TECHNICAL 15.01 ENG MILEAGE FEB 202401 20120228 1510.6277 MILEAGE/AUTO ALLOWANCE PW ENGINEERING & TECHNICAL 21.68 486 3/76/2012 138249 MINNESOTA ENVIRONMENTAI FUND 45.50 MINNESOTA ENVIRONMENTAL FUND 202447 3131216362912 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLI CLEARING BAL SHEET 45.50 487 3H6/2012 100326 MN RECREATION 8 PARK ASSOC 100.00 HR-JOB POSTING REC SUP II 00066127 202292 7272 1020.6239 PRINTING HUMAN RESOURCES 100.00 488 3/16/2012 109947 NEW FRANCE WINE CO 4.50 FREIGHT#3 00041046 202402 . 72105 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 364.00 WINE#3 00041046 202402 72105 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 368.50 489 3N6/2072 118834 OPEN YOUR HEART 125.50 OPEN YOUR HEART DEDUCTION 202454 313121636298 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARWG BAL SHEET 125.50 490 3/16l2012 701500 PREMIUM WATERS INC 16 .14 POL BOTTLED WATER 00038902 202403 3138050212 1250.6229 GENERAL SUPPLIES POLICE FACILITY 16.14 491 3/16/2012 111665 PRZYBYLSKI, JOSEPH E 41.96 STR-JEANS 202525 20120314 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 41.96 R55CKREG LOG20000 CITY OF APPLE VALLEY 3/15/2012 12:35:51 . Council Check Register Page - 4 3/10/2012 - 3/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 492 3/16/2012 700394 QUALITY WINE & SPIRITS CO 16.20 BEER#2 376 202426 582932C0 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 5,303.43 LIQ#1 376 202427 580015 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 113.56 LIQ#1 376 202428 582939 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 2,141.77 LIQ#2 376 202429 580016 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 2,285.62 LIQ#3 376 202430 580186 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1,856.00 WINE#1 376 202431 582931 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 4,274.01 WINE#2 376 202432 580061 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 938A2 WINE#2 376 202433 582932 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 4,905.33 WINE#3 376 202434 580072 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 96.00 WINE#3 376 202435 581025 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 575.36 WINE#3 376 202436 582905 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 592.00 WINE#3 376 202437 582935 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 112.18- CMLIQ#3 2009 MISC CREDIT 00000376 202442 199324 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 149.3 CMVNNE#3 ENTERED IN 2011 OOOD0376 202443 522139 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 22,835.81 493 3/16/2012 100600 RIGID HITCH INC 6.30 PK-RUBBER PLUG 00035199 202535 133899401 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 6.30 494 3l76/2012 100437 SHERWIN WILLIAMS CO 58.98 PK PAINT 35354 202438 86955 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 353.91 PK PAINT 35354 202439 88043 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 215.35 PK PAINT AND SUPPLIES 35354 202440 2392 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 243.00 UTIL MISC PAINTING SUPPLIES 202441 1188 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 871.24 495 3/76/2012 778355 SHI INTERNATIONAL CORP 7,947.23 POL-TOUGHBOOK 31 NOTEBOOKS 00051038 202293 B00552994 1200.6211 SMALL TOOLS & EQUIPMENT POLICE MANAGEMENT 7,947.23 496 3116/2012 141315 SPARTAN SALES GROUP LLC 64.12 HCSC-DEGREASER 00067826 202536 1506 1920.6229 GENERAL SUPPLIES HAYES COMMUNITY & SENIOR CTR 128.25 IA1-SOAP FOR ARENA CLEANING 00068472 202543 1506 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 192.37 497 3/76/2012 101226 STREAMLINE DESIGN INC 133.96 REC-TEE'S FOR WIFFLEBALL 202404 30114 1855.6229 GENERAL SUPPLIES REC FOOTBALL & SOCCER 226.60 REC-TEE'S FOR BASKETBALL 202404 30114 1870.6229 GENERAL SUPPLIES REC BASKETBALL 1,465.56 REC-TEE'S FOR VOLLEYBALL 202404 30114 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL 1,826.12 ` !� ' �.- . CITY OF APF �LLEY 3/1: 12:35:51 RSSCKREG CvG20000 " Council Check Register Page - 5 3/10/2012 -3/16l2012 Check # Date Amount Supplier / Expianation PO # Doc No Inv No Account No Subledger Account Description Business Unit 498 3/16/2012 700566 TITLEIST 14.00 GOLF FREIGHT 00066750 202405 286619 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 388.50 GOLF AVHS BALLS 00066750 202405 286619 5115.6412 GOLF-BALLS GOLF PRO SHOP 402.50 499 3/76/2012 700486 TWIN CITY GARAGE DOOR CO 1,150.00 CMF-RPLC OPERATOR SOUTHFORI00036739 202406 363781 1540.6266 REPAIRS-BU(LD(NG CMF BUILDtNGS & C,ROUNDS MNTC 172.78 CH-RPR DOORS D1 & D2 00036739 202407 365054 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG & GROUNDS MNTB 1,322J8 500 3/1612012 100496 VAN PAPER CO 1.31- DSICT#2 00008795 202324 228673 5065.6333 GENERAL-CASH DISCOUNTS LIQUOR #2 OPERATIONS 130.79 BAGS#2 00008795 202324 228673 5065.6229 GENERAL SUPPLIES LIQUOR #2 OPERATIONS 2.17- DISCT#1 00008795 202408 229310 5025.6333 GENERAL-CASH DISCOUNTS LIQUOR #1 OPERATIONS 217.02 BAGS#1 00008795 202408 229310 5025:6229 GENERAL SUPPLIES LIQUOR #1 OPERATIONS 344.33 501 3/16/2012 100498 VIKING INDUSTRIAL CENTER 144.37 UTIL-CARABINER, LIFELINE 00068070 202409 290676 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 78.13 UTIL-SAFETY GLOVES 0006807D 202410 291958 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 222.50 502 3/76/2012 100363 XCEL ENERGY 159.68 UTIL LIGHTS 202411 412097575 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 159.68 503 3/7612072 138342 YOCUM OIL COMPANY INC 24 ,537.27 DIESEL FUEL 00050328 202576 477712 . 1000.1520 INVENTORY-SUPPLIES GENERAL FUND BALANCE SHEET 24,537.27 246306 3/7412072 138336 BERNICK'S BEVERAGE 10.00- STATEMENT CREDIT 50356 202606 9441 5025.6229 GENERAL SUPPLIES LIQUOR #1 OPERATIONS 43.20 BEER#1 50356 202607 45507 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 480.00 WINE#1 50356 202608 45508 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 10.00- STATEMENT CREDIT 50356 202609 9442 5065.6229 GENERAL SUPPLIES LIQUOR #2 OPERATIONS 10.00- STATEMENT CREpIT 50356 202610 9443 5095.6229 GENERAL SUPPLIES LIQUOR #3 OPERATIONS 493.20 246307 3/14/2012 100314 COCA-COLA REFRESHMENTS USA, IN 356.00 TAX#1 122 202325 108445516 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 30.00 NOTAX#1 122 202326 108445516 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES R55CKREG LOG20000 CITY OF APPLE VALLEY 3/15/2U12 12:35:51 Council Check Register Page - 6 3/10/2012 - 3/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 12.00- CMTAX#1 122 202327 108445517 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 431.59 TAX#1 122 202328 108446715 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 17.03- CMTAX#7 122 202329 108446716 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 7.26- CMTAX#1 122 202330 108446717 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 257.90 TAX#2 122 202331 108599113 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 25.50- CMTAX#2 122 202332 108599114 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 127.52 TAX#2 122 202333 178453029 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 14.16 NOTAX#2 122 202334 178453029 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 79.47- CMTAX#2 122 202335 178453030 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 220.03 TAX#3 122 202336 108446711 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 117.06- CMTAX#3 122 202337 108446712 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 1,178.88 246308 3/14I2012 100199 GETTMAN MOMSEN INC 112.17 TAX#1 24781 202611 18005 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 48.03 TAX#2 24781 202612 18007 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 69.02 TAX#3 24781 202613 18006 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 229.22 246309 3/14/2072 100827 GRAPE BEGINNINGS INC 584.00 WINE#3 32379 202614 137122 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 13.50 FREIGHT#3 32379 202615 137122 5085.6550 FRE�GHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 597.50 246310 3/14/2012 139112 HEUN ENTERPRISES INC 650.00 LIQ#1 50475 202616 3449 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 659.00 L1Q#3 50475 202617 3450 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1,300.00 246311 3/14/2012 100231 HOHENSTEINS INC 374.50 BEER#1 5574 202718 589047 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 247.50 BEER#1 5574 202719 589798 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 1,124.50 BEER#1 5574 202720 590680 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 203.00 BEER#2 5574 202721 589048 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 247.50 BEER#2 5574 202722 589799 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 178.50 BEER#2 5574 202723 590730 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 284.50 BEER#3 5574 202724 589049 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 247.50 BEER#3 5574 202725 589800 5085.6530 BEER LIQUOR #3 Sl'OCK PURCHASES 1,061.10 BEER#3 5574 202726 590731 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 3,968.60 246312 3/14 700255 JOHNSON BROTHERS LIQUOR �; . ' ' R55CKREG COG20000 CITY OF APt __ -ALLEY 3/1 r 1235:51 Council Check Register P a9e - � 3/10/2012 - 3/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 20.99 BEER#3 109 202348 1243870 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 34.25 TAX#1 109 202349 1243855 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 34.25 TAX#2 109 202350 1243863 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 121.00 TAX#3 109 202351 1243872 5085.6540 TAXABIE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES . 1,895.00 LIQ#1 109 202352 1243851 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 15,309.96 LIQ#1 109 202353 1243854 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 2,779.87 LIQ�k1 109 202354 1243856 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 89.75 LIQ#2 109 202355 1239035 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 174.95 LIQ#2 109 202356 1239037 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 267.12 LIQ#2 109 202357 1239028 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 435.20 LIQ#2 109 202358 1243853 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 381.88 LIQ#2 109 202359 1243860 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 7,729.45 LIQ#2 109 202360 1243862 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 675.45 LIQ#2 109 202361 1243864 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 168.00 LIQtk3 109 202362 1239038 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 237.65 LIC1#3 109 202363 1239042 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 204.50 LIQ#3 109 202364 1243868 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 9,715.51 LIQ#3 109 202365 1243871 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1,000.57 LIQ#3 109 202366 1243873 5085.6510 LIQUOR L�QUOR #3 STOCK PURCHASES 332.12 LIQ#3 109 202367 1244889 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 4,762.27 WINE#1 109 202368 1239027 5015.6520 WINE L�QUOR #1 STOCK PURCHASES 2,380.90 WINE#1 109 202369 1239029 5U15.6520 WINE LIQUOR #1 STOCK PURCHASES 2,879.23 WINE#1 109 202370 1239030 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 240.00 WINE#1 109 202371 1239968 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,692.25 WINE#1 109 202372 1243849 5015.6520 WINE LiQUOR #1 STOCK PURCHASES 3,070.86 WINE#1 109 202373 1243852 5015.6520 VNNE LIQUOR #1 STOCK PURCHASES 1,020.00 WINE#1 109 202374 1243857 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 771.11 WINE#2 109 202375 1239032 5055.6520 WINE LIQUOR #2 STOCK PURCHkSES 680.40 WINE#2 109 202376 1239034 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 679.20 WINE#2 109 202377 1239036 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 728.50 WINE#2 109 202378 1243859 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 2,029.05 WINE#2 109 202379 1243861 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 2,389.50 WINE#2 109 202380 1243865 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 2,259.00 WINE#3 109 202381 1239039 5095.6520 WINE LIQUOR #3 STOCK PURCHASES 1,471.08 WINE#3 109 202382 1239040 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 358.70 WINE#3 1D9 202383 1239441 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,705.05 WINE#3 109 202384 1243867 5085.6520 WINE LIQUOR tt3 STOCK PURCHASES 2,677.22 WINE#3 109 202385 1243869 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 4,807.07 WINE#3 109 202386 1243874 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 5.58- CMLIQ#1 109 202387 527085 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 2.88- CMLIQ#1 109 202388 527086 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES RSSCKREG LOG20000 CITY OF APPLE VALLEY 3/15/2012 1235:51 Council Check Register Page - 8 3/10/2012 -3/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Irrv No Account No Subledge Account Descrip Business Unit 23.63- CMLIQ#2 109 202389 527087 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 10.40- CMWINE#2 109 202390 526585 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 30.00- CMTAX#3 109 202391 526409 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 41.98 BEER#2 109 202618 1248350 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 1,365.16 LIQ#1 109 202619 1248339 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 200.55 LIQ#1 109 202620 1248346 5015.6510 LIQUOR LIQUOR t11 STOCK PURCHASES 276.75 LIQ#2 109 202621 1248348 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 282.25 LIQ#3 109 202622 1248353 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 345.50 WINE#1 109 202623 1248340 5015.6520 WINE LIQUOR #1 STOCK Pt1RCHASES 2,044.30 WINE#1 109 202624 1248343 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,361.50 WINE#1 109 2D2625 1248347 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 80.00 WINE#1 109 202626 1249270 5015.6520 1MNE LIQUOR #1 STOCK PURCHASES 160.00 WINE#1 109 202627 1249271 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 395.40 WINE#2 109 202628 1248341 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 1,155.32 WINE#2 109 202629 1248344 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 694.35 WINE#2 109 202630 1248349 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 530.65 WINE#2 109 202631 1248351 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 237.20 WINE#3 109 202632 1248342 5085.6520 V1ANE LIQUOR #3 STOCK PURCHASES 2,688.04 WINE#3 109 202633 1248345 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2,814.04 WINE#3 109 202634 1248352 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 320.00 WINE#3 109 202635 1248354 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 12.44- CMLIQ#1 109 202636 527321 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 19.11- CMLIQ#3 109 202637 527089 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 17.57- CMLIQ#3 109 202638 527090 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 11.00- CMLIQ#3 109 202639 527152 5085.6510 ' LIQUOR LIQUOR #3 STOCK PURCHASES 93,063.24 246313 3/14/2012 137634 LIFT BRIDGE BREWERY 112.00 BEER#2 50160 2D2640 2245 5055.6530 BEER LIQUOR #2 STOCK PURCHASES Supplier 125174 SURLY BREWING CO 196.00 BEER#3 50160 202641 2244 5085.6530 BEER LIQUOR #3 STOCK PURCHASES Supplier 125174 SURLY BREWING CO 308.00 246374 3/14/2012 100021 M AMUNDSON LLP 250.74 TAX#2 44390 202642 127313 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 404.85 NOTAX#2 44390 202643 127313 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 655.59 246315 3N4/2012 100372 PAUSTIS 8 SONS 474.00 WINE#1 1291 202644 8341119 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 7.50 FREIGHT#1 1291 202645 8341119 ' 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCN "HASES R55CKREG CUG20000 CITY OF APE,,,, , ALLEY 3/T. '1235:51 Council Check Register Page - 9 3/10/2012 --3/16/2012 Check # Date Amount Supplier / Expianation PO # Doc No Inv No Account No Subledger Account Description Business Unit 14.00 WINE#1 1291 202646 8341119 5015.6520 WINE LIQUOR #1 STOCK PURCHASES � 327.01 WINE#1 1291 202647 8341327 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 3.75 FREIGHT#1 1291 202648 8341327 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #t STOCK PURCHASES 461.00 WINE#2 1291 202649 8340932 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 6.25 FREIGHT#2 1291 202650 8340932 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 1,816.02 WINE#3 1291 202651 8340099 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 22.50 FREIGHT#3 1291 202652 8340099 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 784.30 WfNE#3 1291 202653 8340933 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 12.50 FREIGHT#3 1291 202654 8340933 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 149.44 LIQ#3 1291 202655 8340770 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 4,07827 246316 3/14I2012 100374 PEPSI-COLA COMPANY 124.15 TAX#2 2171 202727 71042163 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 124.15 246317 3/7412012 100751 PHILLIPS WINE 8 SPIRITS INC 83.90 TAX#2 106 202665 2203476 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 112.00 TAXt12 106 202666 2206723 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 143.80 TAX#3 106 202667 2203479 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 56.00 TAX#3 106 202668 2206726 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCNASES 2,922.70 LIQ#1 106 202669 2203472 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 523.35 LIQ#2 106 202670 2203475 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 1,610.35 LIQ#3 106 202671 2203477 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 3,903.61 WINE#1 106 202672 2200179 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,668.00 WINE#1 106 202673 2203471 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 546.84 WINE#1 106 202674 2206717 5015.6520 WtNE LIQUOR #1 STOCK PURCHASES 1,799.20 WINE#1 106 202675 2206720 5D15.6520 WINE LIQUOR #1 STOCK PURCHASES 261.04 WINE#2 106 202676 2206719 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 528.00 WINE#2 106 202677 2206721 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 451.20 WINE#2 1D6 202678 2206722 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 196.92 WINE#3 106 202679 2203474 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2,047.75 WINE#3 106 202680 2203480 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,476.00 WINE#3 106 202681 2206724 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 745.80 WINE#3 106 202682 2206725 5085.6520 WINE LIQUOR #3 STOCK PURCHASES .65- CMLIQ#1 106 202683 3477933 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 15.00- CMLIQ#2 106 202684 3477207 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 8.14- CMLIQ#3 106 202685 3477426 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 922- CMLIQ#3 106 202686 3477427 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 10.66- CMWINE#2 106 202687 3477206 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 5.33- CMWINE#3 106 202688 3477425 5085.6520 WINE LIQUOR #3 STOCK PURCHASES R55CKREG LOG20000 CITY OF APPLE VALLEY 3/15/2012 12:35:51 Council Check Register Page - 10 3/10/2012 - 3/16/2012 Check # Date Amount Supplier / Explanatio PO # Doc No Inv No Account No Subledge Account Description Business Unit 7.25- CMWINE#3 106 202689 3477450 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 19,020.21 246378 3/14/2012 125174 SURLY BREWING CO 473.00 BEER#1 47806 202656 MVP03747 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 333.00 BEER#2 47806 202657 MVP03745 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 881.00 BEER#3 47806 202658 MVP03744 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 1,687.00 246319 3/14/2012 700152 WIRTZ BEVERAGE MINNESOTA WINE 591.60 WINE#1 1930 202690 704487 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 8.05 FREIGHT#1 1930 202691 704487 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 867.54 WINE#1 1930 202692 707565 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 16.10 FREIGHT#1 1930 202693 707565 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 3.45 FREIGHT#1 1930 202694 713572 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 5,878.78 WINE#1 1930 202695 713824 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 77.05 FREIGHT#1 1930 202696 713824 5015.6550 FREIGHT ON RESALE MDSE LIQUOR it1 STOCK PURCHASES 391.56 WINE#2 1930 202697 704484 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 6.90 FREIGHT#2 1930 202698 704484 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 319.68 WINE#2 1930 202699 707561 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 5.75 FREIGHT#2 1930 202700 707561 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 1.15 FREIGHT#2 1930 202701 713571 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 1,004.48 WINE#2 1930 202702 713821 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 14.95 FREIGHT#2 1930 202703 713821 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 669:90 WINE#3 1930 202704 704477 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 11.50 FREIGHT#3 1930 202705 704477 5085.6550 FREIGHT ON RESALE MDSE IIQUOR #3 STOCK PURCHASES 1,439.82 WINE#3 1930 202706 707554 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 24.15 FREIGHT#3 1930 202707 707554 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 1,159.00 WINE#3 1930 202708 710859 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 18.40 FREIGHT#3 1930 202709 710859 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 48.00 WINE#3 1930 202710 713814 5085:6520 WINE LIQUOR #3 STOCK PURCHASES 3,750.37 WINE#3 1930 202711 713813 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 47.15 FREIGHT#3 1930 202712 713813 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 2.30 FREIGHT#3 1930 202713 713570 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 8.00- CMWINE#2 1930 202714 854307 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 16,349.63 246320 3/14/2012 141325 WOR�DWIDE CELLARS 368.00 WINE#1 50755 202659 1128643 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 6.00 FREIGHT#1 50755 202660 1128643 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 363.00 WINE#3 50755 202661 1128642 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 6.00 FREIGHT#3 50755 202662 1128642 ' 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK `HASES CITY OF APF. i1LLEY 3/1 C `1235:51 R55CKREG LUG20000 °"' Councii Check Register Page - 11 3/10/2012 --3/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 743.00 246321 3H4/2012 137143 Z WINES 1,175.00 WINE#3 49968 202663 10882 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 25.50 FREIGHT#3 49968 202664 10882 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 1, 200.50 246322 3/14/2072 100455 AFFINITY PLUS FEDERAL CREDIT U 2,402.10 CREDIT UNION DEDUCT 202449 313121636293 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,402.10 246323 3l14/2012 700009 AFSCME COUNCIL #5 1,950.24 UNION DUES AFSCME 202715 120302W 90002120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,950.24 246324 3/14/2012 138448 HARTFORD GROUP BENEFITS DIVISI 168.15 BASIC LIFE INSURANCE 202307 57688004 9000.2117 ACCRUED LIFE INSUR-BASIC PAYROLL CLEARING BAL SHEET 8,387.45 SUPP/DEP LIFE INSURANCE 202307 57688004 9000.2118 ACCRUED LIFE INSUR-SUPP/DEPEND PAYROLL CLEARING BAL SHEET 8,555.60 246325 3/14/2012 107431 HEALTH FUND, THE 130.50 HEALTH FUNO DEDUCTION 202453 313121636297 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 130.50 246326 3/14/2012 119353 MADISON NATIONAL LIFE INS CO I 222.30 STD FEES 202308 20120307 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 2,784.90 LTD INSURANCE 202308 20120307 9000.2113 ACCRUED LTD PAYROLL CLEARING BAL SHEET 3,007.20 246327 3l14/2012 122314 MN DEPT OF REVENUE (C) 400.25 STATE TAX LEVY 202717 120302F 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 400.25 246328 3/1412012 101199 NCPERS MINNESOTA 736.00 PERA LIFE INSURANCE 202716 120302T 9000.2120 ACCRUED BENEFIT LIABIUTY PAYROLL CLEARING BAL SHEET 736.00 246329 3/74/2012 129765 ELVIN, COLLEEN 100.00 ALEX FIRE SCHOOL SUBSIST-ELVIN 202309 20120314 1310.6278 SUBSISTENCE ALLOWANCE FIRE TRAINING 100.00 246330 3I14/2012 107254 HAMANN-ROLAND, MARY R55CKREG LOG20000 CITY OF APPLE VALLEY 3/15/2012 12:35:51 Council Check Register Page - 12 3/10/2012 -3/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account DescripGon Business Unit 100.00 LMC ANNUAL CONF SUBSIST HAMANN 202524 20120314 1310.6278 SUBSISTENCE ALLOWANCE FIRE TRAINING 100.00 246331 3/14/2072 140867 NOCHSPRUNG, ROBERT 35.00 FIRE GEAR BAGS EMBROIDERY 202313 20120229 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 35.00 246332 3/14/2072 100904 MATTINGLY, SCOTT R 100.00 FIRE SUBSIST N MANKATO-MATTING 202314 20120304 1310.6278 SUBSISTENCE ALLOWANCE FiRE TRAINING 100.00 246333 3/14/2072 121947 NELSON, MATTHEW D 100.00 ALEX FIRE SCHL SUBSIST-NELSON 202310 20120314 1310.6278 SUBSISTENCE ALLOWANCE FIRE TRAINING 100.00 246334 3/14/2072 702293 SKINNER, STEPHAN C 124.86 REC MILEAGE JAN-FEB 202526 20120131 1700.6277 MILEAGE/AUTO ALLOWANCE PARK & RECREATION MANAGEMENT 124.86 246335 3/14/2012 114724 SLUITER, JEFFREY W 86.97 PK-JEANS 202527 201203D7 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 86.97 246336 3/14/2012 700001 A 8 B AUTO ELECTRIC INC 72.94 PK-RPR ALTERNATOR 00035167 202545 61704 1765.6265 REPAIRS-EQUIPMENT PARK EQUIPMENT MAINTENANCE 51.91 UTIL-RPR PLOW MOTOR 00035167 202546 61702 5345.6265 REPAIRS-EQUIPMENT WATER EQUIPNEHICLE/MISC MNTC 124.85 246337 3/14/2012 101557 AAA CREDIT SCREENING SVCS LLC 25.00 POL-CREDIT CHECKS-FEB 00039636 202547 67430 1215.6249 OTHER CONTRACTUAL SERVICES POLICE DETECTIVE UNIT 25.00 246338 3/1412012 100437 ACTIVAR PLASTIC PRODUCTS GROUP 79.67 UTIL-MISC PVC PARTS 00067420 202544 0078068 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 79.67 246339 3/14/2072 701231 ADVANCED GRAPHIX INC 964.01 POL-DECAL KIT FOR SQUAD #907 00037606 202537 185235 1210.6265 REPAIRS-EQUIPMENT POLICE FIELD OPERATIONS/PATROL 964.01 246340 3/14/2012 100039 APPLE VALLEY FORD 266.25 POL VEHICLE LEASE-MARCH 00050162 202302 20120307 1215.6310 RENTAL EXPENSE POLICE DETECTIVF R55CKREG Lvu20000 CITY OF APF �LLEY 311� 1235:51 Council Check Register Page - 13 3/10/2012 -3/16/2012 Check # Date Amount Supplier / Expianation PO # Doc No Inv No Account No Subiedge Account Description Business Unit 21.97 POL SHIFT INDICATOR 00035168 202303 262282 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 288.22 246341 3114/2012 100041 APPLE VALLEY MEDICAL CLINIC LT 64.75 POL-OH LIPID PROFILE-Z BROUGHT 202294 90030 1200.6235.1 MASTER PATROL TESTING PO�ICE MANAGEMENT 64.75 246342 3H4/2012 127073 APPLE VALLEY SENIORS 156.00 REIMB SRS FOR 3/13 CATERED LUN 202548 1001.4359 REC SENIOR REVENUE-REIMB GENERAL FUND REVENUE 156.00 246343 3/14/2012 100747 ARAMARK UNIFORM SERVICES INC 28.03 SHOP-UNIFORM RENT 00046863 202590 6297421538 1530.6281 UNIFORM/CLOTHING ALLOWANCE CMF SHOP EQUIP MNTC & REPAIR 28.03 STR-UNIFORM RENT 00046863 202590 6297421538 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 28.03 PK-UNIFORM RENT 00046863 202590 6297421538 1710.6281 UNIFORMICLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 28.04 UTIL-UNIFORM RENT 00046863 202590 6297421538 5305.6281 UNIFORMICLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 22.92 SHOP-UNIFORM RENT 00046863 202591 6297446263 1530.6281 UNIFORMICLOTHING ALLOWANCE CMF SHOP EQUIP MNTC & REPAIR 22.92 STR-UNIFORM RENT 00046863 202591 6297446263 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 22.93 PK-UNIFORM RENT 00046863 202591 6297446263 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 22.93 UTIL-UNIFORM RENT 00046863 202591 6297446263 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 203.83 246344 3/14/2012 101318 AUTOMATIC SYSTEMS COMPANY 349.40 UTIL-WTP, ADD CHLORINE CNTRlS00040658 202549 24485 5325.6249 OTHER CONTRACTUAL SERVICES WATER TREATMENT FCLTY MNTC/RPR 349.40 246345 3/14/2012 100709 BATTERIES PLUS 81.76 PK-BATTERY FOR BOBCAT #216 00066886 202295 17249995 1765.6216 VEHICLES-TIRES/BATTERIES PARK EQUIPMENT MAINTENANCE 81.76 246346 3/14/2012 142808 BERGMANN, EVY 50.00 REFUND-SENIOR TRIP - 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R. 400.00 CEMETERY-DIG GRAVE FOR RAND,@DC137765 202572 P1203 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY 400.00 CEMETERY-DIG GRAVE FOR NIESENp037765 202572 P1203 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY 400.00 CEMETERY-DIG GRAVE FOR FRED�37765 202572 P1203 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY 1, 200.00 246397 3H4/2072 700457 STREICHERS INC 139.99 POL-TACTICAL OUTER CARR-VIRDHf0067619 202301 1907668 1200.6229 GENERAL SUPPLIES POLICE MANAGEN CITY OF APF ,LLEY 3/1. 12:35:51 R55CKREG L��20000 Councii Check Register Page - 21 3/10/2012 --3/16/2012 Check # Date Amount Supplier 1 Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 139.99 246398 3114/2012 121804 TOTAL REGISTER SYSTEMS 2,321.49 GOLF-CASH REGISTER CONTRACT 202583 27462 5105.6249 OTHER CONTRACTUAL SERVICES GOLF MANAGEMENT 31.49- 202583 27462 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 2,290.00 246399 3/14J2012 100481 TRI-STATE BOBCAT INC 468.26 STR-DRIVE BELT/IDLER ASSY #347 202573 P10046 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 468.26 246400 3/14/2012 100493 VALLEY BUICK GMC INC 125.67 FIRE-HEADLIGHT/SPEAKER #4993 00035211 202575 51848 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 125.67 246401 3/14/2012 100839 VALLEY-RICH COMPANY INC 3,434.92 UTIL-CURB BOX RPR 6752 132ND S 00036805 202577 17526 5330.6269 REPAIRS-OTHER WTR MAINIHYDRANT/CURB STOP MNT 3,434.92 246402 3/14/2012 102832 VGM CLUB 160.00 GOLF-DUES 00067350 202585 484470 5105.6280 DUES & SUBSCRIPTIONS GOIF MANAGEMENT 160.00 246403 3/14I2012 126509 WATER CONSERVATION SERVICE 245.50 UTIL-LEAK DETECT 400 CIMMARON00035246 202580 3018 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAINlHYDRANT/CURB STOP MNT 246.01 UTIL-LEAK DETECT 110 CHAPARRA00035246 202580 3018 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAIN/HYDRANT/CURB STOP MNT 247.03 UTIL-LEAK DETECT 109 BEAUMONT00035246 202580 3018 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAIN/HYDRANT/CURB STOP MNT 738.54 246404 3N4/2012 131551 WESTERN FINANCE 8 LEASE 64.25 GOLF-MOWER LEASE TO PURCHASE 202586 856535 5150.6323 INTEREST EXPENSE GOLF COURSE MAINTENANCE 68.41 GOLF-MOWER LEASE TO PURCHASE 202586 856535 5150.6310 RENTAL EXPENSE G6LF COURSE MAINTENANCE 912.43 GOLF-3 TORO WORKMAN DEBRIS BL 202586 856535 5150.6310 RENTAL EXPENSE GOLF COURSE MAINTENANCE 930.75 GOLF-MOWER LEASE TO PURCHASE 202586 856535 5100.2715 CAPITAL LEASE-NONCURRENT GOLF FUND BALANCE SHEET 2,113.00 GOLF-3 TORO WORKMAN DEBRIS BL 202586 856535 5150.6323 INTEREST EXPENSE GOLF COURSE MAINTENANCE 11,158.67 GOLF-3 TORO WORKMAN DEBRIS BL 202586 856535 5100.2715 CAPITAL LEASE-NONCURRENT GOLF FUND BALANCE SHEET 15,247.51 20120313 3/1212012 100873 HEALTHPARTNERS 3,187.84 DENTAL CLAIMS 3/1-317/12 202728 20120307 7105.6146 DENTAL INSl1RANCE INSURANCE TRUST DENTAL 3,187.84 R55CKREG LOG20000 CITY OF APPLE VALLEY 3/15/2012 1235:51 Council Check Register Page - 22 3/10/2012 —3/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 20120314 3/75/2012 130957 GENESIS EMPLOYEE BENEFITS INC 417.33 FLEX SPENDING MEDICAL - 2012 202729 120303N 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 417.33 20120315 3/76/2012 100657 MN DEPT OF REVENUE 950.93 PAYROLL STATE TAX 202730 120309G 9000.2112 ACCRUED STATE W/H PAYROLt CLEAR{NG BAL SHEET 950.93 20120316 3/16/2012 102664 ANCHOR BANK 1,837.59 FEDERAL TAXES PR 202731 120309B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 425.20 EMPLOYEE MEDICARE 202731 120309B 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 425.20 CITY SHARE MEDICARE 202731 1203096 90002111 AGCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 2,687.99 20120317 3/16/2012 100337 MN DEPT OF LABOR & INDUSTRY 2,697.48 PERMIT SURCHARGE FEB 202732 20120229 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 53.95- LESS 2% RETENTION FEB 202732 20120229 1001.4099 PERMIT-OTHER GENERAL FUND REVENUE 5.00- PERMIT SURCHARGE JAN ADJUST 202732 20120229 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 2,638.53 20120318 3/1b/2012 101238 MINNESOTA CHILD SUPPORT PAYMEN 126.82 CHILD SUPPORT 202290 308121522124 9000.2120 ACCRUED BENEFIT 11A81LITY PAYROLL CLEARING BAL SHEET 126.82 20120319 3/1bl2072 100240 VANTAGEPOINT TRANSFER AGENTS - 666.67 PLAN #301171 FIREFIGHTER ICMA 202288 308121522122 9000.�120 ACCRUED BENEFIT LIABILITY PAYROLI CLEARING BAL SHEET 666.67 20120320 3/15/2012 100241 VANTAGEPOINT TRANSFER AGENTS - 592.10 PLAN #306561 FIREFIGHTER ICMA 202289 308121522123 9000.2120 AGCRUED BENEFIT LfABiLITY PAYROLL CLEARING BAL SHEET 592.10 20120321 3/16/2012 700038 APPLE VALLEY FIREFIGHTERS 870.66 FIRE RELIEF DUES 202287 308121522121 9000.2120 ACCRUEp BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 870.66 20120322 3/16/2012 101238 MINNESOTA CHILD SUPPORT PAYMEN 358.56 CHILD SUPPORT 202451 313121636295 9000.2120 ACCRUED BENEFIT IIABILITY PAYROLL CLEARING BAL SHEET 171.97 CHILD SUPPORT 202452 313121636296 9000.2120 ACCRUED BENEFIT L�ABILITY PAYROLL CLEARING BAL SHEET 530.53 20120323 3/76!' 700392 PUBLIC EMPLOYEES RETIREMENT AS CITY OF APF. .. riLLEY 3/1; 12:35:51 R55CKREG LOG20000 Council Check Register Page 23 3/10/2072 —3/16l2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge A ccount Description Bu siness Unit 35,363.23 EMPLOYEE SHARE PERA 202448 313121636292 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 46,017.41 CITY SHARE PERA 202448 313121636292 9000.2114 ACCRUED PERA PAYROLL CLEARING 8AL SHEET 81,380.64 20720324 3/16/2072 129553 US BANK 3,177.48 HSA FUNDING-EMPLOYEE 202445 3131216362910 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLI� CLEARWG BAL SHEET 3,177.48 20120325 3/16/2012 129576 US BANK 221.74 SERGEANT PEHRA FUNDING-GROSS W 202446 3131216362911 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 142.34 SERGEANT PEHRA FUNDING-ANNUAL 202446 3131216362911 9000.2120 ACCRUED BENEFI7 LIA8ILITY PAYROLL CLEARING BAL SHEET 1,083.39 POLICE PEHRA FUNDING-GROSS WAG 202446 3131216362911 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 838.86 POIICE PEHRA FUNDING-ANNUAL LE 202446 3131216362911 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 250.38 POLICE PEHRA FUNDING-COMP 202446 3131216362911 9U00.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 333.63 OTHER PEHRA FUNDING-ANNUAL LEA 202446 3131216362911 90002120 ACCRUED BENEFIT LIABIIITY PAYROLL CLEARING BAL SHEET 2,870.34 20120326 3/16/2012 100240 VANTAGEPOINT TRANSFER AGENTS - 29 ,349.94 PLAN #301171 FULL-TIME ICMA 202444 313121636291 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 29,349.94 20120327 311612072 126459 VANTAGEPOINT TRANSFER AGENTS - 27 5.00 PLAN #705481 ROTH IRA 202455 313121636299 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 275.00 781,276.48 Grand Total Payment Instrument Totals Check Total 580,998.68 ,Jt I� TransferTotal 129,722.80 � `� Pay ModeX Total 70,555.00 � � Total Payments 781,276.48 uw ��'� �� ��� GITY OF APf ,�LLEY 3/1 12:36:31 R55CKSUM Lc.�t0000 ` Council Check Summary Page - 1 3/10l2012 - 3/16/2012 Company Amount 01000 GENERAL FUND 174,252.11 05000 LIQUOR FUND 170,553.06 05100 GOLF FUND 38,529.81 05200 ARENA FUND 228.36 05300 WATER & SEWER FUND 248,618.68 05500 STORM DRAINAGE UTILITY FUND 222.00 05600 CEMETERY FUND LEVEL PROGRAM 1,200.00 05800 STREET LIGHT UTIL FUND 159.68 07100 INSURANCE TRUST DENTAL FUND 3,187.84 07200 RISK MANAGEMENT/INSURANCE FUND 3,297.92 09000 PAYROLL CLEARING FUND 141,027.02 ReportTotals 781,276.48 t ' R55CKREG ''c�.;20000 CIN OF APF. �LLEY 3/2� ` 8:54:54 Council Check Register Page - 1 2/6/2012 -- 3/23/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 504 3123/2012 100319 CENTERPOINT ENERGY 612.64 LIQ 1 FEB 202755 56265598 5025.6256 UTILITIES-NATURAL GAS LIQUOR #1 OPERATIONS 139.40 LIQ 2 FEB 202756 55533673 5065.6256 UTILITIES-NATURAL GAS LIQUOR #2 OPERATIONS 2,129.91 IA2 FEB 202757 55978928 5265.6256 UTILITIES-NATURAL GAS ARENA 2 BLDG MAINTENANCE-HAYES 93.94 WELL 1 FEB 202758 55887046 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 66.28 WELL 2 FEB 202759 55675664 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNTlRPR 70J8 WELL 4 FEB 202760 55851604 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNTJRPR 152.65 WELL 5 FEB 202761 55851562 5320.6256 UTILITIES-NATURA� GAS WATER WELUBOOSTER STN MNT/RPR 625.08 UTIL WTP FEB 202762 55877872 5325.6256 UTIUTIES-NATURAL GAS WATER TREATMENT FCLTY MNTC/RPR 20.21 460 REFLECTION RD FEB 202763 75761361 5380.6256 UT�LITIES-NATURAL GAS SEWER LIFT STN REPAIR & MNTC 3,910.89 505 3I23I2012 101720 CENSERPOtNT ENERGY SERVICES 1N 2;145.58 CH NAT GAS FEB 202764 2356852 7060.6256 UTILITIES-NATURAL GAS MUNICIPAL BLDG & GROUNDS MNTC 2,648.33 IA 1 NAT GAS FEB 202765 2356832 5210.6256 UTIUTIES-NATURAL GAS ARENA 1 BUILDING MAINTENANCE 45.96 SWIM NAT GAS FEB 202766 2356342 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 3,061.82 CMF NAT GAS FEB 202767 2356842 1540.6256 UTIUTIES-NATURAL GAS CMF BUILDINGS & GROUNDS MNTC 7,901.69 b06 3123/2012 138812 DIMENSIONAL GROUP, THE 10,436.34 REC-2012 SPRING CITY NEWS/HEAL 202768 INV00030970 1700.6239 PRINTING PARK & RECREATION MANAGEMENT 10,436.34 507 3123l2012 137874 HEDBERG, RON 60.00 FIN DUES MNGFOA 202769 20120313 1035.6280 DUES & SUBSCRIPTIONS FINANCE 77.70 FIN MILEAGE JAN-MARCH 2O2769 20120313 1035.6277 MILEAGE/AUTO ALLOWANCE FINANCE 137.70 508 3/2312012 127994 PITNEY BOWES INC 1,320.40 FIN POSTAGE MACHINE LEASE-1ST00050411 202812 7982904MR12 1035.6310 RENTAL EXPENSE FINANCE 84.94- 00050411 202812 7982904MR12 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1,235.46 509 3/23/2012 700600 RIGID HITCH INC 46.32 PK-BOLT, NUT & SPRING ACCESSOH0065070 202770 134076901 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 126.02 PK-PLUGS/BACKING PLATE #225 00035199 202771 133941001 1765.6215 EQUIPMENT-PARTS PARK EQUiPMENT MAINTENANCE 172.34 570 3/23l2012 100478 TRANS ALARM INC 180.00 LIQ#3-ALARM SERV�CE FOR 2012 00065885 202772 RMR801974 5095.6249 OTHER CONTRACTUAL SERVICES LIQUOR #3 OPERATIONS 180.00 R55CKREG LOG20000 CITY OF APPLE VALLEY 3/22/2012 8:54:54 Cauncil Check Register Page - 2 2/6/2012 - 3/23/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 511 312312012 100498 VIKING INDUSTRIAL CENTER 6.66 UTIL-RESPIRATORS 00035251 202773 291292 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 6.66 UTIL-RESPIRATORS 00035251 202773 291292 5380.6229 GENERAL SUPPLIES SEWER LIFT STN REPAIR & MNTC 9.32 UTIL-RESPIRATORS 00035251 202774 291620 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR � 9.32 UTIL-RESPIRATORS 00035251 202774 291620 5380.6229 GENERAL SUPPLIES SEWER LIFT STN REPAIR 8 MNTC 55.90 STR-EAR PLUGS & SAFETY GLASS�066197 202775 290629 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR & MNTC 270.48 STR-EAR PLUGS & SAFETY GLASS�066197 202776 290380 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR 8 MNTC 358.34 512 3/23/2012 101342 WEST PAYMENT CENTER 93.39 POL CLEAR CHGS - FEB 00050105 202851 824557550 1215.6249 OTHER CONTRACTUAL SERVICES POLICE DETECTIVE UNIT 93.39 246405 3179/2012 100188 GACKSTETTER, PAMELA 100.00 MUNICIPAL CLERKS CONF-GACKSTET 202751 20120319 1015.6276 SCHOOLSlCONFERENCES/EXP OTHERCITY CLERK/ELECTIONS 100.00 246406 3I21/2012 142824 FIEBER, JOYCE 60.00 REF OVPMT UTIL 7295 130TH ST W 202881 20120314 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 60.00 246407 3/21/2012 142825 GILLESPIE, JOHN 102.23 REF OVPMT UTIL 15769 HAYES TRL 202882 20120314 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 102.23 246408 3/21/2012 142031 JEREMY PETERSON REAL ESTATE 14.85 REF OVPMT UTIL 6813 158TH ST W 202883 20120314 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 14.85 246409 3I2112012 142826 VARON, REBECCA 78.36 REF OVPMT UTIL 7886 131ST ST W 202884 20120314 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 78.36 246410 3/21/2012 121129 VINCENT, DANIEL 50.00 REF OVPMT UTIL 15761 HANNOVER 202885 20120314 5301.4997 WATERlSEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 50.00 246411 3121/2012 100295 MARBEN, MICHAEL W 422.10 POL-LODGING MCE TRAIN-ST CLOUD 202926 20120321 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINiNG 422.10 246412 3121° t23957 MCWILLIAMS,TIM R55CKREG '�....�2000o CITY OF APF iLLEY 3/2�. ' 8:54:54 Council Check Register Page - 3 2/6/2012 — 3/23/2012 Check # Date Amount Suppiier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 30.00 UTIL-JEANS MCWILLIAMS 202879 20120309 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 30.00 246413 3121/2012 100416 RUTZEN, DANIEL J 12.24 POL COURT EXPENSE 202878 20120228 1200.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE MANAGEMENT 12.24 246414 3I27I2012 142817 BRETH-ZENZEN FIRE PROTECTION, 5,273.92 VALLEYWOOD CLUBHOUSE 202795 1 5190.6810 2011137G CONSTRUCTION IN PROGRESS GOLF CLUBHOUSE CONSTRUCTION 5,273.92 246415 3/21l2012 . 101749 MET-CON COMPANIES 40,685.65 VALLEYWOOD CLUBHOUSE 202797 3762200002 5190.6810 2011137G CONSTRUCTION IN PROGRESS GOLF CLUBHOUSE CONSTRUCTION 40,685.65 246416 3/27/2012 142814 MOLIN CONCRETE PRODUCTS CO. 50,004.20 VALLEYWOOD CLUBHOUSE 202798 1 5190.6810 2011137G CONSTRUCT�ON IN PROGRESS GOLF CLUBHOUSE CONSTRUCTION 50,004.20 246417 3/21/2012 742812 PROFESSIONAL SERVICE INDUSTRIE 911.00 VAILEYWOOD CLUBHOUSE 2d2742 BR00135211 5190.6239 2011137G PRINTING GOLF CLUBHOUSE CONSTRUCTION 957.00 VALLEYWOOD CLUBHOUSE 202743 BR00139555 5190.6239 2011137G PRINTING GOLF CLUBHOUSE CONSTRUCTION 828.00 VALLEYWOOD CLUBHOUSE 202744 BR00143761 5190.6239 2011137G PRINTING GOLF CLUBHOUSE CONSTRUCTION 370.00 VALLEYWOOD CLUBHOUSE 202745 BR00145794 5190.6239 2011137G PRINTING GOLF CLUBHOUSE CONSTRUCTION 3,066.00 246478 3/21/2012 142815 REGAL CONTRACTORS INC. 1,968.40 VALLEYWOOD CLUBHOUSE 202799 1 5190.6810 2011137G CONSTRUCTfON 1N PROGRESS GOLF CLUBHOUSE CONSTRUCTION 1,968.40 246419 3/21I2012 142738 THURNBECK STEEL FABRICATION, 1 82,507.50 VALLEYWOOD CLUBHOUSE 202801 110402 5190.6810 2011137G CONSTRUCTION IN PROGRESS GOLF CLUBHOUSE CONSTRUCTION 82,507.50 246420 3/21/2012 142816 WTG TERAZZO 8 TILE, INC. 460J5 VALLEYWOOD CLUBHOUSE 202802 1 5190.6810 2011137G CONSTRUCTION W PROGRESS GOLF CLUBHOUSE CON5TRUCTION 460.75 246421 3/27/2072 121886 ADAMS PROMOTIONAL GROUP 586.82 REC-BUTTONS 00051066 202777 2928 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 586.82 R55CKREG LOG20000 CITY OF APPLE VALLEY 3/22/2012 8:54:54 Council Check Register Page - 4 2/6/2012 - 3/23/2012 Check # Date Amount Supplier / Expianation PO # Doc No Inv No Account No Subledge Account Description Business U�it 246422 3/21/2012 100027 APACHE GROUP 4.11- AVCC-DISCOUNT 00051070 202778 154856 1900.6333 GENERAL-CASH DISCOUNTS AV COMMUNITY CENTER 3.08- PK-DISCOUNT 00051070 202778 154856 1730.6333 GENERAL-CASH DISCOUNTS PARK BUILDING MAINTENANCE 3.08- IA2-DISCOUNT 00051D70 202778 154856 5265.6333 GENERAL-CASH DISCOUNTS ARENA 2 BLDG MAINTENANCE-HAYES 109.70 PK-GARBAGE BAGSlPAPER TOWELS0051070 202778 154856 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 219.39 RDWD-GARBAGE BAGS/PAPER TOb9'H��1070 202778 154856 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 329.09 IA2-GARBAGE BAGS/PAPER TOWElJ8J051070 202778 154856 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 438.78 AVCC-GARBAGE BAGS/PAPER TOV�10�1070 202778 154856 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 1,086.69 246423 3/21I2012 142813 AVHS WOMEN'S HOCKEY 500.00 HCSC DAMAGE DEPOSIT REFUND 202750 20120314 1001.5116 RENTS-HAYES COMM & SENIOR CTR GENERAL FUND REVENUE 500.00 246424 3l21/2012 10UOb4 BAUER BUILT INC 438.21 PK-TRAILER TIRES #225T 00035172 202779 180062959 1765.6216 VEHICLES-TIRESJBATTERIES PARK EQUIPMENT MAINTENANCE 245.21 PK-TRAILER TIRES #237T 00035172 202780 180062807 1765.6216 VEHICLES-TIRES/BATTERIES PARK EQUIPMENT MAINTENANCE 683.42 246425 3/21/2012 101119 CLEVELAND GOLF 85.73 GOLF FREIGHT 202871 3669920 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 97.52 GOLF HATS 202871 366992D 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP 167.44 GOLF BAG 202871 3669920 5115.6411 GOLF-BAGS & UMBRELLAS GOLF PRO SHOP 621.00 GOLF DRIVERS 202871 3669920 5115.6414 GOLF-CLUBS GOLF PRO SHOP 1,124.24 GOLF CLUBS 202871 3669920 5115.6414 GOLF-CLUBS GOLF PRO SHOP 8.23 GOLF FREIGHT 202872 3675876 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 90.16 GOLF CLUB 202872 3675876 5115.6414 GOLF-CLUBS GOLF PRO SHOP 7.57 GOLF FREIGHT 202873 3670904 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 87.40 GOLF BAG 202873 3670904 5115.6411 GOLF-BAGS & UMBRELLAS GOLF PRO SHOP 2,289.29 246426 3/21/2012 142662 CONVENTION 8 VISITORS BUREAU 4,131.39 LODGING TAX ALLOGFEB 2012 202803 20120229 7005.6319 REIMBURSEMENT OF REV COLL FOR LODGING TAX 4,131.39 246427 3/21I2012 102126 CROWN RENTAL 15.90 PK-BLADE 00047286 202781 47286 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 13.79 PK-DOLLIE APPLIANCE 00047286 202782 1179982 1765.6310 RENTAL EXPENSE PARK EQUIPMENT MAINTENANCE 29.69 24B428 3I2112012 722019 CROWN RENTAL CO INC 110.28 PK-CONCRETE BLANKET 00047286 202783 116346B1 1730.6310 RENTAL EXPENSE PARK BUILDING Mi 1ANCE R55CKREG �_. �20000 CITY OF APF . ,LLEY 3/22 8:54:54 Council Check Register Page - 5 2/6/2012 - 3/23/2012 Check # Date Amaunt Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 110.28 246429 3I21/2012 100139 DAKOTA COUNTY LICENSE CENTER 21.50 POL TITLE FORFEITURE=99 GMC J 202804 20120321 1215.6399 OTHER CHARGES POLICE DETECTIVE UNIT 21.50 246430 3/21/2012 700128 DAKOTA ELECTRIC ASSOCIATION 8.72 POL GARDENVIEW SPEED SIGN 202736 26950 1210.6255 UTILITIES-ELECTRIC POLICE FIELD OPERATIONS/PATROL 10.90 PARK BLMT AERTR/FNDRS LT 202736 26950 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 15.80 KELLEY PARK PONDlSPRINKIER 202736 26950 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 49.05 CIVIL DEFENSE SIRENS 202736 26950 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 54.69 PARK HS4 FIEIDS 202736 26950 1780.6255 UTILITIES-ELECTRIC PARK HIGH SCHOOLlW FIEIDS 57.10 PARK TENNIS COURTS 202736 26950 1745.6255 UTIUTIES-ELECTRIC PARK CRT/GAME AREA MAINTENANCE 72.39 CEMETERY LIGHTS 202736 26950 5605.6255 UTILITIES-ELECTRIC CEMETERY 82.24 PW RADIO EQUIPMENT 202736 26950 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS & GROUNDS MNTC 82.24 UTIL RADIO EQUIPMENT 202736 26950 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 174.94 AVFAC EXPANSION 202736 26950 1940.6255 UTIUTIES-ELECTRIC AQUATIC SWIM CENTER 194.82 AQUATIC CENTER 202736 26950 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 411.94 CMF STORAGE/SALT BLDG 202736 26950 1540.6255 UTIUTIES-ELECTRIC CMF BUILDINGS 8 GROUNDS MNTC 627.66 LIQUOR STORE #2 202736 26950 5065.6255 UTILITIES-ELECTRIC LIQUOR #2 OPERATIONS 789.19 UTIL SIGNAL LIGHTS 202736 26950 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 1,275.46 UTIL STORM SEWER 202736 26950 5385.6255 UTIUTIES-ELECTRIC SEWER STORM INFRASTRUCTURE 1,282.44 PARK PATHWAY LIGHTS 202736 26950 1740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/PATH MAINTENANCE 1,338.09 LIQUOR STORE #1 202736 26950 5025.6255 UTILITIES-ELECTRIC LIQUOR #1 OPERATIONS 1,628.45 ATHLETIC COMPLEX 202736 26950 1715.6255 UTILITIES-ELECTRIC PARK ATHLETIC FIELD MAWTENANC 1,779.11 FIRE STATIONS 202736 26950 1340.6255 UTIUTIES-EI.ECTRIC FIRE BLDG & GROUNDS MNTC 1,845.77 HAYES COMM & SENIOR CENTER 202736 26950 1920.6255 UTILITIES-ELECTRIC HAYES COMMUNITY & SEN10R CTR 1,868.48 UQUOR STORE #3 202736 ' 26950 5095.6255 UTILITIES-ELECTRIC LIQUOR #3 OPERATIONS 1,986.56 UTIL LIFT STATIONS 202736 26950 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR & MNTC 3,011.87 PARK BUIIDINGS 202736 26950 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 3,808.80 AVCC 202736 26950 1900.6255 UTILITIES-ELECTRIC AV COMMUNITY CENTER 4,497.42 ICE ARENA I 202736 26950 5210.6255 UTILITIES-ELECTRIC ARENA 1 BUILDING MAINTENANCE 4,943.14 HAYES PARK ARENA 202736 26950 5265.6255 UTIUTIES-ELECTRIC ARENA 2 BLDG MAINTENANCE-HAYES 5,839.22 UTIL WELLS 202736 26950 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 29,895.19 UTIL STREET LIGHTS 202736 26950 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 1,393.83 CMF 202737 27019 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS & GROUNDS MNTC 4,238.87 MUNICIPAL CENTER 202737 27019 1060.6255 UTILITIES-ELECTRIC MUNICIPAL BLDG & GROUNDS MNTC 4,720.38 UTIL WELLS 202737 27019 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 7,390.31 WATER TREATMENT PLANT 202737 27019 5325.6255 UTILITIES-ELECTRIC WATER TREATMENT FCLTY MNTC/RPR 8.72 POL HEYWOOD CT SPEED SIGN 202738 27037 1210.6255 UTILITIES-ELECTRIC POLICE FIELD OPERATIONS/PATROL 10:90 PK GARDEN VIEW DR SHELTER 202738 27037 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE RS5CKREG LOG20000 CITY OF APPIE VALLEY 3l22/2012 8:54:54 Council Check Register Page - 6 2/6/2012 - 3/23/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit � 10.90 REDWOOD PK REST ROOMS 202738 27037 1730.6255 UTILITIES-ELECTRIC PARK BUIIDING MAINTENANCE 73.63 STREET LIGHTS 202738 27037 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 29.99 VALLEYWQOD GOLF SPRINKLER 202739 27010 5150.6255 UTILITIES-ELECTRIC GOLF COURSE MAINTENANCE 120.63 SIGNAL-CEDAR & 153RD 202740 4879805 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 353.41 SIGNAL-CEDAR & 157TH 2O2741 4679854 5805.6545 NON-TAXABIE MISC FOR RESALE STREET LIGHT UTILITY FUND 2,865.83 STR-RPR RR 1T-7350 153RD ST 202784 52570883 7205.6399 OTHER CHARGES RISK MANAGEMENTS/INSURANCE 88,849.28 246431 3/21l2012 100777 DEX MEDIA EAST LLC 22.53 GOLF MPLS AD 202805 20120303 5115.6239 PRINTING GOLF PRO SHOP 22.53 246432 3/21/2012 140889 FIRE SAFETY EDUCATION 974.05 FIRE PAMPHLETS 00051047 202806 23619 1320.6229 GENERAL SUPPLIES FIRE PREVENTION 62.66- 00051047 202806 23619 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 911.39 246433 3/21/2012 107056 FORCE AMERICA DISTRIBUTING LLC 305.66 STR-HYD MOTOR 00035441 202785 1380662 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 305.66 246434 3I21I2012 100769 FRONTIER COMMUNICATIONS OF MN 65,53 AVCC PHONES 202908 952953231702179 1900.6237 TELEPHONE/PAGERS AV COMMUNITY CENTER 97 • 48,68 GOLF CLUBHOUSE PHONES 202909 952953231904129 5110.6237 TELEPHONE/PAGERS GOLF CLUBHOUSE BUILD�NG 47 741.76 PK JCRP PHONES 202910 952953234904139 1730.6237 TELEPHONE/PAGERS PARK BUILDING MAINTENANCE 47 341.39 PK RW PHONES 202911 952953235004139 1730.6237 TELEPHONE/PAGERS PARK BUILDING MAINTENANCE 47 201.47 IA2 PHONES 202912 952953236511019 5265.6237 TELEPHONE/PAGERS ARENA 2 BLDG MAINTENANCE-HAYES 57 249.04 IA1 PHONES 202913 952953236604149 5210.6237 TELEPHONE/PAGERS ARENA 1 BUILDING MAINTENANCE 47 169.67 TEEN CTR PHONES 202914 952953238502179 1730.6237 TELEPHONEIPAGERS PARK BUILDING MAINTENANCE 97 200:64 SWIM CTR PHONES 202915 952953239405100 1940.6237 TELEPHONElPAGERS AQUATIC SWIM CENTER 67 228.02 UTIL MNTC PHONE 202916 952953235508170 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 47 198.87 UTIL WTP PHONES 202917 952431508111088 5325.6237 TELEPHONE/PAGERS WATER TREATMENT FCLTY MNTC/RPR 97 R55CKREG �_.i20000 CITY OF APF iLLEY 3/2� / 8:54:54 Council Check Register Page - 7 2/6/2012 -- 3l23/2012 Check # Date Amount Suppiier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 7�.52 UTIL STRM SWR ALARMS 202918 651197340501279 5385.6249 OTHER CONTRACTUAL SERVICES SEWER STORM INFRASTRUCTURE 97 35.26 CMF RADIO LINE 202919 651197403911269 1540.6237 TELEPHONE/PAGERS CMF BUILDINCS & GROUNDS MNTC 27 67.10 DCTC PHONE 202920 952953253410100 2092.6237 TELEPHONE/PAGERS DAKOTA TECHNICAL BLDG ESCROW 17 66.04 FIRE1 PHONES 202921 952953260404139 1340.6237 TELEPHONE/PAGERS FIRE BLDG 8� GROUNDS MNTC 47 132.83 FIRE2 PHONES 202922 952953264002260 1340.6237 TELEPHONElPAGERS FIRE BLDG & GROUNDS MNTC 37 137.91 FIRE3 PHONES 202923 952953264502260 1340.6237 TELEPHONE/PAGERS FIRE BLDG & GROUNDS MN7C 37 166.24 CH GENERATOR/HVAC MODEM 202924 952953273409250 1060.6237 TELEPHONE/PAGERS MUNICIPAI. BLDG & GROUNDS MNTC 07 17.63 POL INTOXILIZER 202925 651101065412229 1250.6237 TEIEPHONE/PAGERS POLICE FACILITY 37 2,532.60 246435 312712012 130967 GENESIS EMPLOYEE BENEFITS INC 199J5 HR-VEBA RECORD KEEPING FEB 00068128 202786 14204 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 199J5 246436 3/2112072 710356 GOPHER 99.42 REC-RED FLOOR TAPE 00068288 202787 8443807 1855.6229 GENERAL SUPPLIES REC FOOTBALL & SOCCER 99.42 246437 3/21/2072 102988 GRANIT BRONZ 181.80 CEMTERY-COMP NICHE PLAQUE U0040685 202788 1443708A 5605.6325 COLUMBARIUM CEMETERY 165.60 CEMETERY-IND NICHE PLAQUE 00040685 202789 1443706A 5605.6325 COLUMBARIUM CEMETERY 347.40 246438 3/21/2012 100510 HD SUPPLY WATERWORKS LTD 3,564.25 UTIL-3/4 PMM METERS 00035250 202790 4468084 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP MNT 3,564.25 246439 3/21/2012 137419 HEDBERG, RON 200.00 REC CHAiJGE FUNDS (2) JCRP 202746 20120321 1000.1020 PETTY CASH-GENERAL GENERAL FUND BALANCE SHEET 100.00 REC CHANGE FUND QP 202747 20120321 1000.1020 PETTY CASH-GENERAL GENERAL FUND BALANCE SHEET 300.00 246440 3/21/2012 131786 HR SPECIALIST 199.00 HR DUES 7HELEN 202754 SBQ3R05 1020.6280 DUES & SUBSCRIPTIONS HUMAN RESOURCES R55CKREG LOG20000 CITY OF APPLE VALLEY 3/22/2012 8:54:54 Council Check Register Page - e 2/6/2012 - 3/23/2012 Check # Date Amount Supplier / Expianation PO # Doc No inv No Account No Subledge Account Description Business Unit 199.00 246441 3/21/201Z 120553 INTEGRATED LOSS CONTROL, INC. 565.00 HR-CMF ANNUAL SAFETY TRNG 2012 202791 9161 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 565.00 246442 3/2112012 700267 KEYS WELL DRILLING CO 6,008.75 WELL PUMP 1, 2, 18 &LZP4 MAINT 202796 1 5320.6265 2011149W REPAIRS-EQUIPMENT WATER WELUBOOSTER STN MNT/RPR 6,00875 246443 3I2712012 732646 KWIK KOPY BUSINESS SOLUTIONS 474.31 CLERK-BUSINESS CARD SHELLS 202792 11181 1015.6239 PRINTING CITY CLERK/ELECTIONS 58.78 HR-APPLY ONLINE BUSINESS CAR�068607 202793 11192 1020.6239 PRINTING HUMAN RESOURCES 34.20 DEV-BUSINESS CARDS M DYKES 00068608 202794 11193 1100.6229 GENERAL SUPPLIES DEV MANAGEMENT 34.20 CODE-BUSINESS CARDS PIERSON 00068608 202794 11193 1013.6229 GENERAL SUPPLIES CODE ENFORCEMENT 34.20 DEV-BUSINESS CARDS MURPHY 00068608 202794 11193 1100.6229 GENERAL SUPPLIES �EV MANAGEMENT 34.20 HR-BUSINESS CARDS HAAS 00068608 202794 11193 1020.6229 GENERAL SUPPLIES HUMAN RESOURCES 34.20 ADM BUSINESS CARDS MARSCHALU0068608 202794 11193 1010.6229 GENERAL SUPPLIES ADMINISTRATION 34.20 NR-BUSINESS CARDS BANASIAK 00068608 202794 11193 1520.6229 GENERAI SUPPLIES NATURAL RESOURCES 738.29 2464d4 3I2712012 140697 LANDMARK TOURS 510.00 HCSC-SOUTHERN SPLENDOR TOUR 202855 100027 1920.6249 OTHER CONTRACTUAL SERVICES HAYES COMMUNITY & SENIOR CTR 510.00 246445 3I21/2012 100659 LAVERNES PUMPING SERVICE 205.00 PK-PUMP SEPTIC TANK, HUNTINGT�0050732 202852 13098 1730.6266 REPAIRS-BUILDING PARK BUILDING MAINTENANCE 205.00 PK-PUMP SEPTIC TANK, HUNTINGTQ0050732 202853 13103 1730.6266 REPAIRS-BUILDING PARK BUILDING MAINTENANCE 205.00 PK-PUMP SEPTIC TANK, HUNTINGTm0050732 2�2854 13101 1730.6266 REPAIRS-BUILpING PARK BUILDING MAINTENANCE 615.00 246446 3/21I2012 116371 LOFFLER � 237.26 IT TONER FOR HP LASERJET 2600 202607 1376237 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 237.26 246447 3/27/2012 120199 LOWE, GARY 130.00 REC-BASKETBALL OFFICIALS 3/20 00050384 202856 20120320 1870.6235 CONSULTANT SERVICES REC BASKETBALL 130.00 246448 3/21I2012 100311 METRO COUNCIL ENVIRONMENTAL SV 260.15- RETAINED % FEB 202752 20120229 5301.4999 MISC UTILITY REVENUE WATER & SEWER FUND REVENUE 26,015.00 SAC COLLECTION FEB 202752 20120229 , 5301.4922 SAC COLLECTIONS WATER & SEWER � REVENUE R55CKREG �'�--�v20000 CITY OF APF, iLLEY 3l2� ' 8:54:54 Council Check Register Page - 9 2/6/2012 — 3/23/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No S ubledge r Account Description Business Unit 25,754.85 246449 3/21/2012 700849 METRO VOLLEYBALL OFFICIALS ASS 137.50 REGVOLLEYBALL OFFICIALS 3/06 00043278 202857 4118 1860.6235 CONSULTANT SERVICES REC VOLLEYBALL 137.50 246450 3/21/2012 141669 MIDWEST ELECTRICAL TECHNOLOGIE 2,663.96 INSP-ELECTRICAL INSPECT FEES 202753 20120315 1445.6243 ELECTRICAL PERMIT FEES INSPECTIONS ELECTRICAL 2,663,96 246451 3/21/2072 142822 MN BOUNCE AND JUMP 845.00 REC 3 JUMPERS - MWF 202813 20120321 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT PROG GENERAL 845.00 246462 3/21I2012 101376 MN DEPT OF HEALTH 23.00 UTIL CLASS C CERT WILLMAN 00066076 202808 11770 5305.6280 DUES & SUBSCRIPTIONS WATER MGMT/REPORTlDATA ENTRY 23.00 - 246453 3/21/2012 111168 MN DEPT OF LABOR & INDUSTRY 100.00 CH-ELEVATOR OPERATOR PERM�T00068319 202809 ALR00172101 1060.6399 OTHER CHARGES MUNICIPAL BLDG & GROUNDS MNTC 100.00 246454 3/27/2072 100325 MN POLLUTION CONTROL AGENCY 271.00 CMF HAZ WASTE GENERATOR fEE00068320 202810 2200086238 1540.6399 OTHER CHARGES CMF BUILDWGS & GROUNDS MNTC 126.55 UTIL AIR EMISSIONS FEE 202811 1100027581 5325.6399 OTHER CHARGES WA7ER TREATMENT FCLTY MNTC/RPR 397.55 24645b 3/21/2012 100578 PROACT INC 796.81 REC HNDCP SVC - FEB 202814 43431 1810.6249 OTHER CONTRACTUAL SERVICES REC HANDICAPPED PROGRAMS 796.81 246456 3I21I2072 129110 SCIENCE EXPLORERS 34.00 REC-STARS, PLANETS & STORIES QJ0068291 202858 2459 1875.6249 OTHER CONTRACTUAL SERVICES REC PRESCHOOL PROGRAMS 34.00 246457 3/27l2012 100432 SEH ENGINEERS 67,750.00 WTP EXPANSION 202800 253865 5325.6235 CONSULTANT SERVICES WATER TREATMENT FCLTY MNTC/RPR 67,750.00 246458 3/21/2072 101939 SHEPHERD OF THE VALLEY LUTHERA 250.00 CLERK-FACILITY RNTL 8/14 &11/6 00068609 202859 68609 1015.6310 RE�NTAL EXPENSE CITY CLERK/ELECTIONS 250.09 R55CKREG LOG20000 CITY OF APPLE VALLEY 3/22/2012 8:54:54 Council Check Register Page - 10 2I6/2012 — 3/23/2012 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 246459 3/21/2012 142823 SHORESH THERAPY AND CONSULTATI 656.25 HR EAP SESSIONS 202815 20120321 1020,6235 CONSULTANT SERVICES HUMAN RESOURCES 656.25 246460 3/27/2012 701940 SPIRIT OF LIFE PRESBYTERIAN CH 540.00 CLERK-FACILITY ftNTL 8/14 &1 t/6 202860 20120321 1015.6310 RENTAL EXPENSE CITY CLERK/ELECTIONS 540.00 246461 3/21/2012 100864 ST PAUL IINOLEUM 8 CARPET CO 2,820.00 CH-REPLC MAIN STAIRWELL CARPfff0051034 202861 64067 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG & GROUNDS MNTC 2,820.00 246462 3/21l2012 700062 STANLEY SECURITY SOLUTIONS INC 282.60 PK-PADLOCKS, CORES KEYED, KE`�066888 202862 CH574306 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 282.60 246463 3/21/2012 779786 STDEA READERS INC 1,501.79 UTILMETER READER-MARCH 2O2816 20120316 5310.6249 OTHER CONTRACTUAL SERVICES WATER METER RPRlREPLACE/READNG 1,501J9 246464 3121I2072 100457 STREICHERS INC 150.00 UTII-BOOTS - J JACOBS 202863 1907138 5305.6281 UNIFORMlCLOTHING AILOWANCE WATER MGMT/REPORT/DATA ENTRY 150.00 246465 3121I2012 100464 TAYLOR MADE GOLF 72.00- GOLF SHOES 202735 34725 5115.6416 GOLF-SHOES GOLF PRO SHOP 17.71 GOLF FREIGHT 202874 17271151 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 2,194.00 GOLF CLOTHES 202874 17271151 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP 11.92 GOlF FREIGHT 202875 17271150 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 660.00 GOLF CLOTHES 202875 17271150 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP 36.04 GOLF FREIGHT 202876 17231920 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 2,038.50 GOLF CLOTHES 202876 17231920 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP 44.23 GOLF FREIGHT 202877 17293549 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 2,202.00 GOLF SHOES 202877 17293549 5115.6416 GOLF-SHOES GOLF PRO SHOP 7,132.40 246466 3/21/2012 101687 TVYIN CITY WATER CLINIC INC 375.00 UTIL-COLIFORM ANALYSIS 00048457 202864 2047 5305.6249 OTHER CONTRACTUAL SERVICES WATER MGMT/REPORT/DATA ENTRY 375.00 246467 3/2'�" 100493 VALLEY BUICK GMC INC ; R55CKREG �,..;20000 CITY OF APF �LLEY 3/2� 8:54:54 Council Check Register Page - 11 2/6/2012 -- 3/23/2012 Check # Date Amount Supplier / Expianation PO # Doc No Inv No Account No Subledge Account Description Business Unit 91.67 POL-LOCK FOR SQUAD #63 00035211 202865 51941 7210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROI. 5.82 STR-BOLT FOR #311 00035211 202866 51881 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 56.74 UTIL-TRAILER LIGHT SOCKET #404 00035211 202867 51589 5345.6215 EQUIPMENT-PARTS WATER EQUIPlVEHICLE/MISC MNTC 56.74- UTIL-TRAILER LT SOCKET #404 CR 00035211 202868 51620 5345.6215 EQUIPMENT-PARTS WATER EQUIPNEHICLElMISC MNTC 97.49 246468 3I21/2072 100495 VALLEY POOLS & SPAS 17.09 SWIM-EPDXY POOL PUTTY 00039278 202869 154905D 7940.6229 GENERAL SUPPLIES AQUATIC S1MM CENTER 17.09 246469 3I27/2012 700839 VALLEY-RICH COMPANY INC 4,577.65 UTIL-WTR BRK RPR-110 CHAPARRf�0036805 202870 17567 5330.6269 REPAIRS-OTHER WTR MAIN/HYDRANT/CURB STOP MNT 4,577.65 246470 3/21/2012 138032 YEILOW BOOK WEST 172.04 GOLF SOUTH METRO AD 00050219 202817 754191 5105.6239 PRINTING GOLF MANAGEMENT 172.04 246471 3/21/2072 125181 ZAYO ENTERPRISE NETWORKS 58.33 IT LD CALLS FEB 202748 115830004495 1030.6237 TELEPHONE/PAGERS INFORMATION TECHNOLOGY 989.79 IT PHONE ACCESS CHG MARCH 2O2748 115830004495 1030.6237 TELEPHONE/PAGERS INFORMATION TECHNOLOGY 67.42- 202748 115830004495 10002330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 877.57 IT PHONE ACCESS CHG MARCH 2O2749 115830005483 1030.6237 TELEPHONE/PAGERS INFORMATION TECHNOLOGY 56.45- 202749 115830005483 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1,801.82 20120239 2I2912012 142702 BLUE CROSS BLUE SHIELD OF MINN 391.50 HSA ACCORD 2500J5000 202886 V3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 4,715.00 HSA ACCORD 4000/8000 202887 W1 9000.2115 ACCRUED MEDICAI INSURANCE PAYROLL CLEARING BAL SHEET 44,115.00 HSA AWARE 2500l5000 202888 K1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 24,377.00 HSA ACCORD 2500/SODO 202889 V1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 792.00 HRA ACCORD 4000/8000 (RETIREE) 202890 U3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 855.00 HRA ACCORD 2500/5000 (RETIREE) 2�2891 S3 90002115 ACCRUED MEDICAL INSURANCE PAYROLL CIEARING BAL SHEET 792.00 HRA ACCORD 4000/8000 202892 U1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,019.50 HRAAWARE 4000/8000 202893 J1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 12,412.00 HRAAWARE 2500/5000 202894 F1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLI CLEARING BAL SHEET 8,208.50 HRA ACCORD 2500/5000 202895 S1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 3,761.00 30 COPAY AWARE (RETIREE) 202896 A3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARWG BAL SHEET 1,295.00 30 COPAY AWARE (RETIREE) 202897 A5 9000.2115 ACCRUED MEDICAL WSURANCE PAYROLI CLEARING BAL SHEET 19,851.50 30 COPAY AWARE 202898 A1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,233.00 30 CQPAY AWARE (RETIREE) 202899 A2 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 4,565.00 30 COPAY ACCORD 202900 M1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET R55CKREG LOG20000 CITY OF APPLE VAILEY 3/22/2012 8:54:54 Council Check Register Page - 12 2/6/2012 - 3/23/2012 Check # Date Amount Suppiier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 1,467.50 0/90% COINSURANCE ACCORD 202901 N1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 59.00 0/90% COINSURANCE AWARE 202902 81 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 3,174.00 HSA AWARE 2500/5000 (RETIREE) 202903 K3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 133,083.50 20120240 2/6/2012 120679 U S BANK P CARD 7.36- 00068152 202818 94533 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 126475 AED SUPERSTORE Supplier 126475 AED SUPERSTORE 114.36 HCSC AED PARTS 68152 202818 94533 1920.6211 SMALL TOOLS & EQUIPMENT HAYES COMMUNITY & SENIOR CTR Supplier 126475 AED SUPERSTORE 7.36- 00068152 202819 94533 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 126475 AED SUPERSTORE Supplier 126475 AED SUPERSTORE 114.36 SWIM AED PARTS 68152 202819 94533 1940.6211 SMALL TOOLS & EQUIPMENT AQUATIC S1MM CENTER Supplier 126475 AED SUPERSTORE .37- 202820 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Suppiier 140339 AMAZON.COM Supplier 140339 AMAZON.COM 5.80 IT CONNECTOR 202820 1030.6211 SMALL TOOLS & EQUIPMENT INFORMATION TECHNOLOGY Supplier 140339 AMAZON.COM 48.34 REC CARD CLUB SUPPLIES 68653 202821 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 120942 ARCHIVERS 255.60 GOLF 1 PHONE 67348 202822 5105.6211 SMALL TOOLS & EQUIPMENT GOLF MANAGEMENT Supplier 100820 AT&T MOBILITY 8.06 GOLF PHONE CASE 67348 202823 5105.6211 SMALL TOOLS & EQUIPMENT GOLF MANAGEMENT Supplier 100820 ATBT MOBILITY 23.56 INSP MICROSOFT BOOK 202824 1400.6229 GENERAL SUPPLIES INSPECTIONS MANAGEMENT Supplier 100048 BARNES & NOBLE .42 IA1 SHIRTS 00066147 202825 209498491 5205.6281 UNIFORM/CLOTHING ALLOWANCE ARENA 1 MANAGEMENT Supplier 102220 CABELA'S RETAIL INC .84 GOLF SHIRTS 00066147 202825 209498491 5105.6281 UNIFORMlCLOTHING ALLOWANCE GOLF MANAGEMENT Supplier 102220 CABELA'S RETAIL INC .84 IA1 SHIRTS 00066147 202825 209498491 5205.6281 UNIFORM/CLOTHING ALLOWANCE ARENA 1 MANAGEMENT Supplier 102220 CABELA'S RETAILINC .84 AVCC SHIRTS 00066147 202825 209498491 1900.6281 UN�FORM/CLOTHING ALLOWANCE AV COMMUNITY CENTER Supplier 102220 CABELA'S RETAIL INC 1.05 INSP SHIRTS 00066147 202825 209498491 1400.6281 UNIFORM/CLOTHING ALLOWANCE �NSPECTIONS MANAGEMENT Suppiier 102220 CABELA'S RETAIL INC 1.05 NR SHIRTS 00066147 202825 209498491 1520.6281 UNIFORM/CLOTHING ALLOWANCE NATURAL RESOURCES _ Supplier 102220 CABELA'S RETAIL INC R55CKREG Lv�20000 CITY OF APF: , .LLEY 3/2� 8:54:54 Council Check Register Page - 13 2!6/2012 - 3/23/2012 Check# Date Amount Supplier ! Expianation PO �F Doc No inv No Account No Subledge AccouM Description Business Unit 1.05 CH SHIRTS 00066147 202825 209498491 1060.6281 UNIFORM/CLOTHING A�LOWANCE MUNICIPAL BLDG & GROUNDS MNTC Supplier 102220 CABELA'S RETAIL INC 1.47 SHOP SHIRTS 00066147 202825 209498491 1530.6281 UNIFORM/CLOTHING ALLOWANCE CMF SHOP EQUIP MNTC & REPAIR Supplier 102220 CABELA'S RETAIL INC 1.68 GOLF SHIRTS 00066147 202825 209498491 5105.6281 UNIFORM/CLOTHING ALLOWANCE GOLF MANAGEMENT Supplier 102220 CABELA'S RETAIL INC 1.68 AVCC SHIRTS 00066147 202825 209498491 1900.6281 UNIFORMlCLOTHING ALLOWANCE AV COMMUNITY CENTER Supplier 102220 CABELA'S RETAIL INC 2.10 INSP SHIRTS 00066147 202825 209498491 1400.6281 UNIFORM/CLOTHING ALLOWANCE INSPECTIONS MANAGEMENT Supplier 102220 CABELA'S RETAIL INC 2.10 NR SHIRTS 00066147 202825 209498491 1520.6281 UNIFORM/CLOTHING ALLOWANCE NATURAL RESOURCES Supplier 102220 CABELA'S RETAIL INC 2.10 CH SHIRTS 00066147 202825 209498491 1060.6281 UNIFORMlCLOTHING ALLOWANCE MUNICIPAL BLDG & GROUNDS MNTC Supplier 102220 CABELA'S RETAIL INC 2.31 UTIL SHIRTS 00066147 202825 209498491 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY Supplier 102220 CABEIA'S RETAIL INC - 2.31 UTIL SHIRTS 00066147 202825 209498491 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MC,MT/REPORT/DATA ENTRY Supplier 102220 CABELA'S RETAIL INC 2.94 SHOP SHIRTS 00066147 202825 209498491 1530.6281 UNIFORM/CLOTHING ALLOWANCE CMF SHOP EQUIP MNTC & REPAIR Supplier 102220 CABELA'S RETAIL INC 4.41 PK SHIRTS 00066147 202825 209498491 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT Supplier 102220 CABELA'S RETAIL INC 4.62 UTIL SHIRTS 00066147 202825 209498491 5365.6281 UNIFORM/CIOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY Supplier 102220 CABELA'S RETAIL INC � 4.62 UTIL SHIRTS 00066147 202825 209498491 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY Supplier 102220 CABELA'S RETAIL INC 5.24 STR SHIRTS 00066147 202825 209498491 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT Supplier 102220 CABELA'S RETAIL INC 8.81 PK SHIRTS 00066147 202825 209498491 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT Supplier 102220 CABELA'S RETAIL INC 10.49 STR SHIRTS 00066147 202825 209495491 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANACEMENT � Supplier 102220 CABELA'S RETAIL INC 156.00 HR RECOGNITION KEHRER 68116 202826 1020.6399 OTHER CHARGES HUMAN RESOURCES Supplier 102220 CABELA'S RETAIL INC 3.30 REC OPEN ART SUPPLIES 66948 202827 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 100114 CUB FOODS 25.41 CABLE EQ PARTS 64882 202828 2012.6215 EQUIPMENT-PARTS CABLE N JOINT POWERS Supplier 102678 DIGI-KEY 16.05 REC POSTER BOARD 68269 202829 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 120473 DOLLAR TREE STORES, INC. 34.30 REC HAPPY HEARTS 68269 202830 1875.6229 GENERAL SUPPUES REC PRESCHOOL PROGRAMS R55CKREG LOG20000 CITY OF APPLE VALLEY 3/22/2012 8:54:54 Council Check Register Page - 14 2/6l2012 — 3/23/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Descrip6on Busines Unit Supplier 120473 DOLLAR TREE STORES, INC. 12.29- 00068601 202831 1000.2330 DUE TO QTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 141266 ETC TRADE LLC Supplier 141266 ETC TRADE LLC 191.06 COUNC MARBLE APPLES 68601 202831 1005.6229 GENERAL SUPPLIES MAYOR/CITY COUNCIL Supplier 141266 ETC TRADE LLC 380.00 FIN CONF REG BROUGHTEN CHICAGO 202832 1035.6276 SCHOOLS/CONFERENCES/EXP OTHERFINANCE Supplier 100213 GOV FINANCE OFFICERS ASSN 160.00 FIN CONF REG BROUGHTEN CHICAGO 202833 1035.6276 SCHOOLS/CONFERENCES/EXP OTHERFINANCE Supplier 100213 GOV FINANCE OFFICERS ASSN ,47_ 202834 10002330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 119212 iNTL CODE COUNCIL Supplier 119212 INTL CODE COUNCIL 101.00 �NSP BOOKS 202834 1400.6229 GENERAL SUPPLIES INSPECTIONS MANAGEMENT Supplier 119212 INTL CODE COUNCIL 15.00 IT SUBSCRIPTION JAN 202835 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY Supplier 141272 MAIICHIMP 76.67 REC CRAFT SUPPLIES 68270 202836 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 100748 MICHAELS 28.37 UTIL JETTER REEL CHAIN 66067 202837 5390.6215 EQUIPMENT-PARTS SWR EQUIPNEHICLE MISC MNTC/RP Supplier 100640 FLEET FARM 2.58- 00068262 202838 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 101355 TURFWERKS, INC Supplier 101355 TURFWERKS, INC 40.08 REC MARKERS 68262 202838 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 101355 TURFWERKS,INC 2172 REC STAMP CLUB SUPPLIES 66949 202839 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 121742 OFFICE MAX 522- 00068660 202840 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 102800 ORIENTAL TRADING COMPANY INC Supplier 102800 ORIENTAL TRADING COMPANY INC 81.14 REC MWF PRIZES 68660 202840 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 102800 ORIENTAL TRADING COMPANY INC 8.86 REC BIRTHDAY SUPPLIES 66946 202841 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 102901 PARTY CITY 200.00 DEV DUES 2012 202842 1100.6280 DUES & SUBSCRIPTIONS DEV MANAGEMENT Supplier 103189 SENSIBLE LAND USE COALITION 44.43 REC STORAGE/KTN SUPPLIES 67122 202843 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS Supplier 100463 TARGET STORES 85.48 REC GAMES 67121 202844 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS Supplier 100463 TARGET STORES R55CKREG �-_.:,20000 CITY OF APF .LLEY 3/22. ' 8:54:54 Councii Check Register Page - 15 2/6/2012 - 3/23/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Accouot Description Business Unit i 47.09 IA1 REPLACE PICTURE GLASS 68453 202845 5210.6399 OTHER CHARGES ARENA 1 BUILDING MAINTENANCE Supplier 142803 GREAT FRAME UP 65.35 IA1 REPLACE PICTUftE GLASS 68453 202846 5210.6399 OTHER CHARGES ARENA 1 BUILDING MAINTENANCE Supplier 142803 GREAT FRAME UP .43- 00068151 202647 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 101287 LIFEGUARD STORE INC, THE Supplier 101287 LIFEGUARD STORE INC, THE 82.43 POOL SWIM SUITS 68151 202847 1930.6281 UNIFORM/CLOTHING ALLOWANCE REDWOOD POOL Supplier 101287 UFEGUARD STORE INC, THE 21.40- 00068151 202848 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Suppiier 101287 LIFEGUARD STORE INC, THE - Supplier 101287 LIFEGUARD STORE INC, THE 332.60 SWIM LIFEQUARD EQ 68151 202848 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER Supplier 101287 LIFEGUARD STORE INC, THE 199.60 FIN GFOA CONF �41R BROUGHTEN 202849 1035.6276 SCHOOLS/CONFERENCES/EXP OTHERFINANCE Suppiier 132734 UNITED AIRLINES 3.52 REC BDAY CANDY 66947 202850 1845.6229 GENERAL SUPPLIES REC SELF SUPPOR7 PROG GENERAL Suppiier 137321 WALGREENS 2,975.03 20120328 3/19/2012 102664 ANCHOR BANK 49,121.66 FEDERAL TAXES PR 202733 120302B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 14,164.22 EMPLOYEE FICA 202733 120302B 9000.2111 ACCRUED FEDERAUFICA PAYROIL CLEARING BAL SHEET 20,9U9.13 CITY SHARE FICA 202733 120302B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 6,921.41 EMPLOYEE MEDICARE 202733 120302B 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 6,921.41 CITY SHARE MEDICARE 202733 1203026 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 98,037.83 20120329 3/79/2012 100657 MN DEP7 OF REVENUE 20,521.48 PAYROLL STATE TAX 202734 12032G 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL $HEET 20, 521.48 20120330 3l16/2012 101671 MN DEPT OF REVENUE 43.16 DIESEL TAX-PARKS 202904 20120229 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 360.21 DIESEL TAX-STREETS 202904 20120229 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 15.52 DIESEL TAX-WATER 202904 20120229 5345.6212 MOTOR FUELS/OILS WATER EQUIPNEHICLE/MISC MNTC 17.35 DIESEL TAX-SEWER 202904 20120229 5390.6212 MOTOR FUELS/OILS SWR EQUIP/VEHICLE MISC MNTC/RP 436.24 20120337 3/16/2012 700000 MN DEPT OF REVENUE 1,877.00 SALES/USE TAX-GENERAL FUND 202905 20120229 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 40,007.00- SALES TAX-PREPMT FEB 2011 202905 20120229 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET R55CKREG LOG20000 CITY OF APPLE VALLEY 3/22/2012 8:54:54 Council Check Register Page - 16 2/6/2012 — 3/23/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 43,326.00 SALES TAX-PREPMT MAR 2011 202905 20120229 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 32,494.00 SALES/USE TAX-LIQUOR #1 202905 20120229 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 11,668.00 SALES/USE TAX-LIQUOR #2 202905 20120229 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 18,136.00 SALES/USE TAX-LIQUOR #3 202905 20120229 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 4.00 SALES/USE TAX-GOLF Z02905 20120229 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 420.00 SALES/USE TAX-ARENA 202905 20120229 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 66.00 SALESlUSE TAX-WATER & SWR 202905 20120229 53002330 DUE TO OTHER GOVERNMENT WATER & SEWER FUND BAL SHEET 67,984.00 � 20120332 3/19/2012 100873 HEALTHPAR7NERS 2,077.61 DENTAL CLAIMS 03/OS-03/14/12 202906 20120314 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 2.077.61 20120333 3127/2072 730957 GENESIS EMPLOYEE BENEFITS INC 1,153.80 FLEX SPENDING DAYCARE-2012 202907 120304N 9000.2119 ACCRUED FIEX SPENDING PAYROLL CLEARING BAL SHEET 1,153.80 769,983.30 Grand Total Payment Instrument Totals Check Total 419,287.66 Transfer Totai 326,269.49 Pay ModeX Total 24,426.15 . � �+"i �, �� Total Payments 769,983.30 (�� •� Z, � Z � "Z. .. � R55CKSUM LO1�10000 CITY OF APP� .,_ �LI.EY 3/22 8:55:15 Council Check Summary Page - 1 2/6/2012 - 3/23/2012 Company Amount 01000 GENERAL FUND 66,681.63 02010 CABLE N RESERVE FUND 25.41 - 02090 DAKOTA TECHNICAL BLDG fSCROW 67.10 05000 LIQUOR FUND 67,064.27 05100 GOLF FUND 193,931.53 05200 ARENA FUND 15,529.02 05300 WATER & SEWER FUND 133,078.62 05600 CEMETERY FUND LEVEL PROGRAM 419.79 05800 STREET LIGHT UTIL FUND 31,314.49 07000 LODGING TAX FUND 4,131.39 07100 INSURANCE TRUST DENTAL FUND 2,077.61 07200 RISKMANAGEMENT/INSURANCEFUND 2,865.83 . 09000 PAYROLL CLEARING FUND 252,796.61 Report Totais 769,983.30