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Home My WebLink About12/21/2021 Meeting :.L ••••• Meeting Location: Municipal Center Apple 7100 147th Street West Valley Apple Valley, Minnesota 55124 December 21, 2021 CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA 7:00 PM 1. Call to Order and Pledge 2. Approve Agenda 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda 4. Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda for consideration. A. Approve Minutes of December 9, 2021, Regular Meeting B. Adopt Resolution Accepting Donation from JTH Lighting Alliance for Use by Fire Department C. Approve State Lawful Gambling Permit to Conduct Excluded Bingo for Eastview High School Senior Party at Cowboy Jacks on March 6, 2022 D. Approve Renewal of Licenses and Permits for 2022 E. 2021 Fund Balance Designation and 2021-2022 Budget Amendments 1. Adopt Resolution Committing December 31, 2021, Fund Balances for 2021 Financial Statement Purposes 2. Adopt Resolution Amending 2022 Budget for Specific Items and Uncompleted 2021 Projects F. Adopt Resolution Authorizing Transfers from the Liquor Fund for 2021 G. Adopt Resolution of Support for Noise Wall Grant Applications with Minnesota Department of Transportation(MnDOT) H. Adopt Resolution Approving Amendments to Apple Valley Firefighters Relief Association Bylaws I. Approve Release of Financial Guarantee J. Approve First Amendment to Access Restriction Easement with PHS Apple Valley Senior Housing, Inc., for Orchard Path K. Affirm Economic Development Authority's Approval of Joint Powers Agreement with Dakota County Community Development Agency for "Open to Business" Program L. Approve Joint Powers Agreement with Dakota County for Multiple North Creek Greenway Trail Design and Construction Projects M. Approve Agreement with Microsoft for Enterprise Licensing through SHI International Corporation N. Approve Agreement with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO for Fireworks Display on February 5, 2022 O. Approve Change Order No. 1 to Agreement with Wilson's Nursery, Inc., for Project 2021-112, 2021 Ash Tree Replacements, and Approve Acceptance and Final Payment P. Approve Acceptance and Final Payment on Agreement with Insituform Technologies USA, LLC, for Project 2021-114, 146th Street Court Sanitary Sewer Improvements Q. Adopt Resolution Approving Changes to Pay and Benefit Plan for 2022 R. Approve 2022-2023 Labor Agreement with LELS Local No. 71 S. Approve Personnel Report T. Approve Claims and Bills 5. Regular Agenda Items A. Proclaim February 5, 2022, as "Apple Valley Mid-Winter Fest 2022" B. Dangerous Dogs and Potentially Dangerous Dogs 1. Pass Ordinance Amending Chapter 91 of the City Code, Regulating Animals (Recommend Waiving Second Reading) 2. Adopt Resolution Setting Hearing Fee 6. Staff and Council Communications 7. Approve Calendar of Upcoming Events 8. Adjourn Reminder: City Offices are closed Thursday and Friday, December 23 and 24, 2021, in observance of Christmas Holiday, and closed Friday, December 31, 2021, in observance of New Years Day Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.cityofapplevalley.org • ITEM: 4.A. ..... :�. Apple COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Minutes of December 9, 2021, Regular Meeting Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve the minutes of the regular meeting of December 9, 2021. SUMMARY: The minutes from the last regular City Council meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 9, 2021, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: Councilmember Melander. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Police Captain Francis, Finance Director Hedberg, Liquor Operations Director Heyne, Recreation Manager Johnson, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, Public Works Director Saam, and Golf Manager Zinck. Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Scout Braden Rick from Troop 204. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes -4 -Nays - 0. AUDIENCE Mayor Hooppaw asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Mayor Hooppaw asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of November 23, 2021, as written. Ayes - 3 -Nays - 0 -Abstain - 1 (Grendahl). MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-204 accepting, with thanks, the donation of$253.59 from Boy Scout Andrew Seppelt for use by the Parks and Recreation Department toward the purchase and installation of a park swing bench at the Apple Valley Senior Center. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 2 MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on February 12, 2022,April 9, 2022, July 4, 2022,November 11, 2022, and December 10, 2022, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to OMNI Brewing Co.,by Minnesota Alcohol and Gambling Enforcement Division, for use on December 18, 2021, at CrossFit Templar, at 14608 Felton Court, as described in the City Clerk's memo. Ayes -4 -Nays - O. MOTION: of Goodwin, seconded by Grendahl, approving renewal and issuance of On-Sale 3.2 Percent Malt Liquor Licenses for 2022,per the list attached to the City Clerk's memo, subject to receipt of the necessary documents. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving renewal of the licenses to Sell Tobacco or Tobacco Products for 2022-2023,per the list attached to the City Clerk's memo, subject to receipt of the necessary documents. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the 2022 fees for Redwood Pool and Apple Valley Family Aquatic Center, Sports Arena and Hayes Rena, and Valleywood Golf Course, and granting the Parks and Recreation Director or designee the latitude to adjust the fees for special promotions, as described in the Parks and Recreation Director's memo. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, setting the 2022 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month unless the following Friday is a holiday, as listed in the City Clerk's memo. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-205 approving submitting the application for Fiscal Year 2022 Dakota County Community Development Block Grant(CDBG) funding for the Apple Valley Home Improvement Program, DARTS Outdoor Chore Service, Home Repair and Homemaking Service Programs, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the reduction of financial guarantees for Reliable Mini Warehouses from $130,469.00 to $71,875.00, as listed in the Department Assistant's memo. Ayes -4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 3 MOTION: of Goodwin, seconded by Grendahl, approving release of the Natural Resource Management Permit financial guarantee for Eastview High School Field and Stadium Project, as listed in the Natural Resources Technician's memo. Ayes -4 -Nays - O. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-206 authorizing distribution of the Rockport, LLC, Alternative Urban Areawide Review(AUAR) 2021 Review. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing Project 2021-180, Sanitary Lift Station 7 Control Panel Replacement, site improvements and related engineering services with AE2S and Stonebrooke. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Fifth Amendment to Lease Agreement with Verizon Wireless, LLC, for the Valleywood Reservoir, as attached to the Public Works Superintendent's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-207 approving plans and specifications for Project 2022-124, Valleywood Golf Course Improvements and Irrigation System; and authorizing advertising for receipt of bids, at 10:00 a.m., on January 12, 2022, via a posting on the City's website and Quest Construction Data Network. Ayes - 3 -Nays - 0 -Abstain- 1 (Grendahl). MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2021- 179, Valleywood Tree Management, with The Vineland Group, Inc., d/b/a Vineland Tree Care, in the amount of$125,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 -Nays - 0 -Abstain - 1 (Grendahl). MOTION: of Goodwin, seconded by Grendahl, approving the Stormwater Maintenance Agreement for My Salon Suite, located at 6906 153rd Street W., with Northland Salons AV Owner, LLC, subject to minor revisions by the City Administrator and City Attorney. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Architectural Services on Project 2021-154, CMF Improvement and Expansion; Project 2021- 171, JCRPE Maintenance Facility; and Project 2021-172, Police Garage, with Oertel Architects, in the amount of$744,000, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Construction Manager Services on Project 2021-154, CMF Improvement and Expansion; Project 2021-171, JCRPE Maintenance; and Project 2021-172, Police Garage, with RJM Construction Manager Services, in the amount of$974,000, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 4 MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the agreement with Ron Kassa Construction, Inc.,with a deduction of$1,505.30; and accepting Project 2021-128, 2021 Concrete Removal &Replacement Services, as complete and authorizing final payment in the amount of$3,364.06. Ayes -4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 2021-140, 2021 Sump Catch Basin Cleaning, as complete and authorizing final payment on the agreement with Schlomka's Vac Truck Services, in the amount of$82,030.00. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated December 9, 2021. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, on the check register dated November 17, 2021, in the amount of$1,821,993.45; and November 23, 2021, in the amount of$267,391.49. Ayes -4 -Nays - 0. END OF CONSENT AGENDA 2022 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg presented the 2022 proposed budget and tax levy. He reviewed the changes since the preliminary budget, as well as the budget development process, budget climate, on-going challenges, budget objectives and highlights. All properties in the City received mailed notice of the Truth-in- Taxation meeting and the notice included the proposed property taxes for 2022 based on preliminary budgets and tax levies approved in September. The impact of the property tax levy on the 2022 median valued home of$302,400, that experienced a 5.99% increase in market value, will result in the City's portion of property taxes increasing approximately$72. The General Fund revenues and expenditures are $38,080,344. Mr. Hedberg stated the final property tax levy for 2023 is $29,825,000, which is an increase of 4.40% or $1,256,219 from 2021. He pointed out Apple Valley's budget includes funding for the annual street maintenance program and property owners are not specially assessed for these improvements. Discussion followed. Mayor Hooppaw opened the public comment portion of the Truth-in-Taxation hearing at 7:46 p.m. He asked for questions or comments from the public. There were none and the public comment portion of the meeting was declared closed at 7:47 p.m. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2021-208 approving setting the City tax levy collectible in 2022 at $29,825,000 and approving 2022 budgets with total revenue of$85,665,870 and expenditures of $90,754,506. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 5 2022 FEE SCHEDULE Ms. Gackstetter reviewed the proposed Fee Schedule. Fee adjustments are proposed for the cemetery, City fees and materials, consultant and engineering services, building inspections and permits, licenses and permits, subdivision and development fees, utility fees, and zoning. The fees would be effective January 1, 2022. She noted the proposed rates more accurately reflect the City's costs. Some changes were also recommended as a result of increased fees being charged the City and some were increased according to the Engineering News Record construction cost index. No comments from the public have been received regarding the proposed changes. Mayor Hooppaw called the public hearing to order at 7:49 p.m. to consider the Fee Schedule which sets fees and charges for various products and services effective January 1, 2022. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:50 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2021-209 approving the 2022 Fee Schedule, by adjusting certain fees and charges effective January 1, 2022. Ayes - 4 -Nays - 0. ECONOMIC DEVELOPMENT AUTHORITY VACANCY Ms. Gackstetter reviewed her memo, regarding the vacancy on the Economic Development Authority(EDA). The vacancy has a six-year term expiring March 1, 2025. She recommended the Council extend an invitation to individuals interested in serving on the Economic Development Authority to submit an application to her by January 14, 2022. MOTION: of Grendahl, seconded by Goodwin, directing staff to post the Economic Development Authority vacancy and inviting individuals interested in serving on the EDA to submit an application to the City Clerk by January 14, 2022. Ayes - 4 -Nays - O. COMMUNICATIONS Mayor Hooppaw commented on the fantastic presentation by the Police Department at the informal meeting and thanked them for their efforts in responding to mental health crisis calls in a more successful way. Mr. Lawell said a major winter storm is headed this way. Independent School District 196 announced school is closed tomorrow for all students. He then reminded drivers to give snowplow operators plenty of room to work and not park on residential streets. Last, he said the City is currently accepting applications for warming house and facility attendants. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 2021 Page 6 CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 7:55 o'clock p.m. Respectfully Submitted, /s/Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on Clint Hooppaw, Mayor • ITEM: 4.B. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Accepting Donation from JTH Lighting Alliance for Use by Fire Department Staff Contact: Department/ Division: Chuck Russell, Fire Chief Fire Department ACTION REQUESTED: Adopt resolution accepting donation of 13 LED Lights, a value of $1,417.00, from JTH Lighting Alliance for use by Fire Department. SUMMARY: JTH Lighting Alliance offered to donate 13 LED lights, a value of $1,417.00, to the Apple Valley Fire Department. Adopting the resolution allows us to accept the donation of 13 outdoor LED lights for the fire stations. This does not include installation. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION 2021- A RESOLUTION ACCEPTING DONATION TO FIRE DEPARTMENT WHEREAS, the City Council of Apple Valley encourages public donations to help defray the costs to the general public of providing services in Apple Valley; and WHEREAS, JTH Lighting Alliance has offered to donate 13 LED lights for our stations, a$1,417.00 value, for use by the Apple Valley Fire Department; and WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks JTH Lighting Alliance for the gracious and generous donation. ADOPTED this 21 st day of December, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.C. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve State Lawful Gambling Permit to Conduct Excluded Bingo for Eastview High School Senior Party at Cowboy Jacks on March 6, 2022 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve issuance of a lawful gambling permit to conduct excluded bingo, by the State Gambling Control Board, to Eastview High School Senior Party, for an event to be held at Cowboy Jacks, 14998 Glazier Avenue, on March 6, 2022. SUMMARY: Eastview High School Senior Party, submitted an application for a bingo event to be held at Cowboy Jacks, 14998 Glazier Avenue, on March 6, 2022. The application is on file should you wish to review it. BACKGROUND: Exempt permits to conduct excluded bingo, for four or fewer bingo events in a calendar year, for qualified nonprofit organizations, are issued by the State Gambling Control Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. These permits are issued for limited fund raisers. BUDGET IMPACT: N/A • ITEM: 4.D. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Renewal of Licenses and Permits for 2022 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve renewal and issuance of licenses and permits for 2022 to licensees per the attached list, subject to receipt of the necessary documents. SUMMARY: Applications for 2022 renewal of various licenses and permits have been received from the licensees listed on the attached page. These licenses and permits are issued on an annual basis. The current licenses will terminate on December 31, 2021, and the renewal licenses will terminate on December 31, 2022. When renewal applications are submitted before their expiration, the businesses are authorized to continue to operate until they are either renewed or denied. The following applications have been reviewed and are in order to be approved by the Council, subject to receipt of the necessary documents. They are available should anyone wish to review them. 22 Fuel Dispensing Facility Permits 2 Precious Metal Dealer Licenses 7 Refuse Collection Licenses BACKGROUND: N/A BUDGET IM PACT: N/A ATTACHMENTS: Background Material 2022 RENEWAL LICENSES AND PERMITS City Council Meeting December 21,2021 Fuel Dispensing Facilities 1. AVR, Inc., 15497 Pilot Knob Road 2. Cedar Brook Market, Inc., d/b/a Cedar Brook Market, 12503 Germane Avenue 3. City of Apple Valley d/b/a Valleywood Golf Course, 4851 McAndrews Road 4. City of Apple Valley Central Maintenance Facility, 6442 140th Street W. 5. Crown Equipment Rental Co. Inc., 7661 146th Street W. 6. Dana Marathon, LLC, 14050 Pilot Knob Road 7. Dana Market, LLC, 14265 Essex Avenue 8. Dick's Valley Service, Inc., 6781 146th Street W. 9. Emperor Twyst, Inc., d/b/a Gardenview Shell, 206 County Road 42 10. Holiday Stationstores, LLC, 5980 149th Street W. 11. Independent School District#196, 14309 Diamond Path W. 12. Kath Fuel Oil Service Co., 15550 Cedar Avenue 13. Kwik Trip, Inc., d/b/a Kwik Trip#397, 15065 Dodd Boulevard 14. Kwik Trip, Inc., d/b/a Kwik Trip#406, 7545 145th Street W. 15. Kwik Trip, Inc., d/b/a Kwik Trip#421, 14941 Florence Trail 16. Kwik Trip, Inc., d/b/a Kwik Trip#695, 13357 Palomino Drive 17. Lampert Yards -US LBM, LLC, d/b/a Lampert Lumber, 14555 Galaxie Avenue 18. Menard, Inc., 6055 150th Street W. 19. Minnesota Zoo Foundation, 13000 Zoo Boulevard 20. Northern Tier Retail, LLC, d/b/a Speedway, 15020 Garrett Avenue 21. PRG Market, LLC, d/b/a Holiday Franchise Store 3802, 14113 Galaxie Avenue 22. River Country Cooperative d/b/a Speedway#4796, 15050 Galaxie Avenue Precious Metal Dealers 1. Apple Valley Diamonds, LLC, d/b/a Apple Valley Diamonds, 14810 Granada Avenue 2. Jay F. Jeweler, Inc., d/b/a Jay F. Jeweler, 7587 148th Street W. Refuse Collection 1. Allied Waste Services of North America, LLC, d/b/a Republic Services of the Twin Cities - Inver Grove Heights, 4325 66th Street E., Inver Grove Heights, MN 2. Aspen Waste Systems of Minnesota, Inc., 2951 Weeks Avenue S.E., Minneapolis, MN 3. Buckingham Trucking, Inc., d/b/a The Buckingham Companies, 5980 Credit River Road S.E., Prior Lake, MN 4. Dick's Sanitation Service, Inc., 8984 215th Street, Lakeville, MN 5. Highland Sanitation &Recycling, Inc., 1811 Century Avenue, Newport, MN 55055 6. Nitti Sanitation, Inc., 10730 Briggs Drive, Suite B, Inver Grove Heights, MN 7. Waste Management of Minnesota, Inc., 1901 Ames Drive, Burnsville, MN • ITEM: 4.E. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: 2021 Fund Balance Designation and 2021-2022 Budget Amendments Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: 1. Adopt the resolution committing December 31, 2021, Fund Balances for 2021 Financial Statement purposes. 2. Adopt the resolution amending 2022 Budget for specific items and uncompleted 2021 projects. SUMMARY: Governmental Accounting Standards Board (GASB) pronouncement 54 created a number of different fund balance classifications. One of these classifications includes a committed fund balance classification. The committed classification requires that the City Council take formal action to commit December 31, 2021, fund balances prior to the end of the year. The commitment action taken by the City Council restricts the future purchases to these uses. GASB 54 provides that the exact dollar amounts may be calculated and assigned to the uses subsequent to year end as long as the specific use was identified prior to year end. Staff is seeking City Council commitment of resources to complete some budgeted 2021 items that were not completed in 2021 or reassignment of savings experienced in 2021. The action taken at this time is to commit the fund balance for the specific purposes and add these amounts to the 2022 budget. This is similar to actions taken in prior years and includes projects that were appropriated in the 2021 budget but will not be completed by year end. BACKGROUND: Please see the attached exhibit for additional information on each of the proposed items. BUDGET IMPACT: The total amount committed of the 12-31-2021 General Fund Balance is $694,200. The total budget expenditure carryover request for all funds is $1,254,200. ATTACHMENTS: Exhibit Resolution Resolution Committing 2021 Fund Balance—Exhibit BACKGROUND General Fund Budget Carryover Items from the 2021 Original Adopted Budget Information Technology—Cisco Networking Equipment(1030-6725) The IT Division placed an order for Cisco Networking Equipment in 2021. However,due to worldwide supply constraints,these items will not be delivered and invoiced until 2022. The IT Division is requesting that the budgeted funding for these items be carried forward into 2022. $92,000 Information Technology-HP Server Replacement(1030.6725) The IT Division placed an order for HP Servers in 2021. However,due to worldwide supply constraints,these items will not be delivered and invoiced until 2022. The IT Division is requesting that the budgeted funding for these items be carried forward into 2022. _ $47,000 Information Technology—Cyber Advisor(1030.6235) Amount The IT Division recently entered into a twelve-month engagement with Cyber Advisors for vCISO(virtual Chief Information Security Officer)services which will not commence until early 2022. The IT Division is requesting that the budgeted funding for these items be carried forward into 2022 when these services will occur. $27,000 Police Department—Body Camera/In-Car Video Server(1200-6740) The server in use for the Police Depatlment's video server is in need of replacement and staff is requesting that salary savings from vacant positions be directed to the replacement of the video server. $90,000 Police Department—Ammunition(1200-6229) Orders for ammunition are on backorder and will not be received until 2022. The costs of ammunition have also increased dramatically over the past year with supply chain issues. Police Department staff is requesting that savings in the contractual services for 2021 be directed to this purchase.. $22,500 Police Department Community Impact Unit—Office Furniture(1200-6720) The police Department has repurposed space for use by the Community Impact Units and has ordered office furniture which will not be delivered until 2022.Police Department staff is requesting that savings in contractual services for 2021 be directed to this purchase. $3,500 Traffic Signs/Signals—Driver Feedback Signs Solar Upgrade(1610-6229) Amount Public Works staff is requesting solar upgrades to the driver feedback signs, this upgrade will eliminate the need to have crews replace the batteries twice per week. Savings come from contractual services in the Street Maintenance Department. $ 1,800 Committing 2021 Fund Balance—Exhibit(continued) General Fund Budget Carryover Items from the 2021 Original Adopted Budget (continued) Engineering-Seasonal GIS Intern(1500-6112) The Public Works Staff is requesting the addition of a temporary GIS Intern for approximately 5 months to help catch up with some of the GIS work backlog. The funding would come from savings in Part Time salary savings and Overtime savings in the Engineering Department Budget in 2021. $ 12,000 Street Maintenance—Concrete Trailer Attachments(1610-6740) Amount Public Works staff is requesting to purchase additional attachments to be used on the concrete trailer to be purchased in 2022. These attachments will improve efficiencies by adding storage compai liiients and a water pump. Savings come from contractual services in the Street Maintenance Department. $4,000 Street Maintenance—Tailgate Upgrade for Tandem Axel Truck(1610-6740) Amount Public Works staff is requesting the purchase of tailgate upgrades for tandem axel truck # 344. This tailgate upgrade provides a safer, more efficient way to haul and load materials like a concrete sidewalk debris, tree body wood, and asphalt debris while preventing damage to the truck dump body. Savings come from contractual services in the Street Maintenance Department. $5,000 Street Maintenance—Additional Landscaping on Galaxie Ave Medians(1610-6229) Amount Public Works staff is requesting the purchase of additional landscaping materials to be used to improve the Galaxie Avenue medians at 153rd Street. The landscaping improvements will consist of new plantings,landscape fabric and fresh mulch. Savings come from contractual services in the Street Maintenance Department. $6,000 Street Maintenance—Replacement of Three Radios(1610-6265) Amount Public Works staff is requesting the purchase of three replacement radios to be used in Street Maintenance to maintain communications. Savings come from contractual services in the Street Maintenance Depai liiient. $3,000 Street Maintenance—Purchase of Three iPads(1610-6211) Amount Public Works staff is requesting the purchase of three iPads to be used in Street Maintenance. Savings come from contractual services in the Street Maintenance Department. $ 1,800 Snow&Ice—Snow Bucket for Skid Steer(1665-6215) Amount Public Works staff is requesting the purchase of a snow bucket attachment for use with skid steers and loadalls. These will be used for removing snow in the Legacy and Ring Routes areas. Savings will come from equipment-parts in the Snow and Ice budget. $ 1,900 Committing 2021 Fund Balance—Exhibit(continued) General Fund Budget Carryover Items from the 2021 Original Adopted Budget (continued) Snow&Ice—Anti—Icing Unit(1665-6740) Amount Public Works staff is requesting the purchase of an anti-icing unit for snow plow#340. This anti-icing unit will aid the streets division in completing additional anti-icing tasks to reduce salt usage for snow and ice removal. Savings will come from equipment-parts in the Snow and Ice budget. $8,300 Public Works/Natural Resources—Ash Tree Removal(1500-6249) Amount A contract was awarded in 2021 for ash tree removals and the stump removal work won't be completed until 2022. Savings will come from the unbilled portions of the ash tree removal contract in the Public Work/Natural Resources program budget. $35,000 Municipal Center—Additional PT Building Maintenance(1060.6111) Public Works staff is requesting the addition of a part-time maintenance position for maintenance activities at the Municipal Center. They are requesting the carryover of full time salary savings in 2021 from position vacancies in the Municipal Center depaitnuent budget be carried over to fund this part time position for 2022. $ 10,000 Park Administration—Printing Referendum Informational Materials(1700-6239) Park Administration staff is requesting that savings within the Park Administration printing budget be directed toward the printing of referendum informational materials in 2022 in preparation for a future park referendum. $ 11,000 Park Administration—Park Facilities Master Plan(1700-6235) The 2021 budget was amended to include $40,000 for assistance with a development of a Park Facilities Master Plan for the planning and design services of the Apple Valley Community Center,Apple Valley Senior Center,Apple Valley Sports arena and Hayes Park arena in preparation of the 2023 Parks Bond Referendum. The previous budget amendment included a transfer from the Future Capital Projects Fund, the request would carry that transfer request forward to 2022 also. $40,000 Park Administration—Park Master Plan(1700-6235) The 2021 budget was amended to include $80,000 for assistance with a development of a Park Master Plan for the planning and design services of a landscape architectural firm for up to four parks in in preparation of the 2023 Parks Bond Referendum.The previous budget amendment included a transfer from the Future Capital Projects Fund, the request would carry that transfer request forward to 2022 also. $80,000 Finance Department—Ergonomic Standing Desk(1035-6725) Amount The 2020 budget carryover included the purchase of ergonomic standing desks. This purchase has been ordered but will not be received prior to year-end and staff is $4,100 requesting to carryover these funds to 2022. Committing 2021 Fund Balance—Exhibit(continued) Previous year(2020) budget carryovers that were not completed and are requested to be carried over to 2022: 1 Community Development—Future Development Studies(1100-6249) Amount The 2021 budget included consulting services for City planning and economic development assistance.With the pandemic continuing in 2021,these services were not fully utilized. Staff is requesting that the budget savings be carried over into 2022. Staff continues working in partnership with Rockport to evaluate and attract mixed business campus uses at Orchard Place as active mining ends, reclamation follows and new $10,000 development is identified.This is a resource that follows-up to an October 2020 tour of Orchard Place to define a select group of future business users. Planned consulting services in support of targeted future land uses remains an intended outcome in 2022 as the pandemic related development marketplace returns Redwood Pool—Pool Vacuum(1930.6735) Amount The 2020 budget carryover included replacing the diving board at the Redwood Pool. The replacement was not completed and staff is recommending that the funds from the diving board replacement, along with a portion of the savings ($3,000) on the uncompleted Redwood Design project, be directed toward the replacement of the Redwood Pool vacuum in 2022. $8,000 Park Administration—Aquatic Center Master Plan RFP(1700-6235) Amount The 2020 budget carryover included amounts for assistance in preparing for a future park bond referendum, in the amount of$6,000. This project was not completed in 2021, staff is requesting that the budget savings in referendum assistance, along with $10,300 the remaining savings of$4,300 from the uncompleted Redwood Design services be redirected to consulting services for developing the Aquatic Center Master Plan RFP. Park Maintenance—Overlay Cobblestone Paths(1710-6269) Amount The 2020 budget carryover included overlaying the Cobblestone Park Trails,the project was not completed in 2021. Staff is requesting that the funding be carried forward to 2022 to be available for future Cobblestone Paths. The Recreation Department is requesting the funding for this project be carried over into 2022. $ 90,000 Park Maintenance-North Creek Greenway(1710-6735) Staff is requesting that savings in the 2021 Park Maintenance Budget in supplies of $20,000 and $10,000 in contractual services savings be carried over to apply to the City's portion of the costs for extending the North Creek Greenway Trail. $30,000 Snow&Ice—Road Salt and Clear Lane(1665-6229) Amount Public Works staff is requesting that savings experienced on 2021 purchase of road salt and Clear Lane be carried over to 2022 for the purchase of additional road salt and Clear Lane treatment in 2022. $40,000 Committing 2021 Fund Balance—Exhibit(continued) Non- General Fund Items: Municipal Building Fund Capital Items: Fire Station#3 Apparatus Bay Floor(4002.6715) The repairs for Station#3 vehicle bay floors were postponed until after the construction project associated with the Facilities Capital Improvement Plan Bond project were completed. This is the original budgeted amount for the Station 3 bay floors repairs. $30,000 Senior Center Backup Boiler(4002-6715) The 2021 Municipal Building Budget included the addition of a backup boiler for the heating system at the Senior Center. This project was not complete and staff is $25,000 requesting the funding of this project be carried over to 2022. Senior Center-HVAC Upgrades(4002-6715) The 2021 Municipal Building Budget included the replacement of concrete surface for the trash enclosure are the Senior Center. The budgeted amount was $50,000 and the project cost was $11,825. Staff is requesting that a portion of the savings be redirected to Senior Center HVAC Upgrades to be completed in 2022. $ 18,000 Senior Center-Rebuild Heating System Water Pump (4002-6715) The 2021 Municipal Building Budget included the replacement of concrete surface for the trash enclosure are the Senior Center. The budgeted amount was $50,000 and the project cost was $11,825. Staff is requesting that a portion of the savings be redirected $4,000 to rebuilding a water pump at the Senior Center heating system. to be completed in 2022 Senior Center Storage Shed(4002-6715) Staff is requesting the Senior Center Cooling Tower improvements budgeted for 2021 be repurposed for the building of a storage shed. $10,000 Apple Valley Community Center Masonry Caulk/Sealant(4002-6715) The 2021 Municipal Building Fund budget included the sealing and caulking of the masonry walls at the Apple Valley Community Center. This project was not completed in 2021 and staff is requesting that funds be carried over to 2022 to complete the project. $34,000 Johnny Cake Ridge Park East Restroom(4002-6715) The 2021 Municipal Building Fund budget included the improvements to the Johnny Cake Ridge Park East bathrooms. This project was not completed in 2021 and staff is requesting that funds be carried over to 2022 to complete the project. $60,000 Municipal Center HVAC Controller Replacement(4002-6715) One of the HAVC controllers in the Municipal Center has failed and repairs are scheduled for 2022. The 2021 Municipal Building Fund budget included replacing heaters at a two of the storage buildings at CMF, with the improvements at the CMF site over the coming year(s) these heaters will not be installed and staff is requesting that funds be redirected to the carried over and applied to the HVAC controller project at the Municipal Center. $25,000 Non-General Fund Budget Carryover Items from the 2021 Original Adopted Budget Sanitary Utility Seasonal GIS Intern(5365-6112) The Public Works Staff is requesting the addition of a temporary GIS Intern for approximately 5 months to help catch up with some of the GIS work backlog related to the utilities. The Engineering Department also shows a portion of this part time GIS position, time would be split with the utilities. The funding would come from savings in Part Time salary savings in the Sanitary Sewer budget in 2021. $ 4,000 Storm Water Utility-Iron Enhanced Sand Filter (5505-6249) The 2021 Storm Water Utility budget included Iron Enhanced Sand Filter improvements,this work was not completed in 2021. Staff is requesting that the funding for the project be carried over to 2022. $50,000 Storm Water Utility-Briar Oaks Improvements(5505-6735) The 2021 Storm water utility budget included erosion control improvements in Briar Oaks to mitigate impacts to the pond, this work was not completed in 2021. Staff is requesting that the funding for the project be carried over to 2022. $70,000 Water Utility—Quarry Point Water Tower Fencing& Camera(5320-6735) The 2021 Storm water utility budget included the rehabilitation of the Quarry Point Tower and the project is complete and experienced $79,000 in savings. Staff is requesting that$47,000 of the savings be directed for additional fencing,installation of camera and a card security access for the main gate to the Quarry Point Tower. 47,000 Water Utility—Wells 1,2,3 &16 Review(5320-6235) The 2021 budget included electrical upgrades for wells 1 and 3, prior to doing these upgrades staff is requesting that funding be directed to a review of wells 1,2, 3 and 16 to determine future operational abilities. $12,000 Water Utility Nordic Booster Station Condition Assessment(5320-6235) The 2021 budget included electrical upgrades for wells 1 and 3, prior to doing these upgrades staff is requesting that funding be directed to completing a condition assessment of the Nordic Booster Station to determine future operational abilities. $15,000 CITY OF APPLE VALLEY RESOLUTION NO. 2021- RESOLUTION COMMITTING FUND BALANCES FOR 2021 FINANCIAL STATEMENT PURPOSES WHEREAS, the Governmental Accounting Standards Board's Statement No. 54 includes five different classification of fund balance; and WHEREAS, one of the fund balance classifications includes Committed Fund Balance; and WHEREAS, for fund balance to be classified as committed at year end the City Council must approve the uses of specific items to be included as committed prior to year end. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley elects to commit General Fund-Fund Balance as of December 31, 2021 for the following departments and uses, commitments from prior years are cancelled: Department Description Account 2021 Committed Code Balance Information Tech. Networking Equipment 1030.6725 $ 92,000 Information Tech HP Server Replacement 1030.6725 47,000 Information Tech. Network Security Audit 1030.6235 27,000 Police. Body Cam /In-car Video Server 1200.6740 90,000 Police Ammunition 1200.6229 22,500 Police Office Furniture (CIU) 1200.6720 3,500 Traffic Signs Driver Feedback Signs Solar 1610.6229 1,800 Engineering GIS Intern 1510.6112 12,000 Street Maint. Concrete Trailer Attachments 1610.6740 4,000 Street Maint. Tailgate Upgrade Plow 1610.6740 5,000 Street Maint. Landscaping Galaxie Ave 1610.6229 6,000 Street Maint. Radio (3) Replacement 1610.6265 3,000 Street Maint. Purchase iPads (3) 1610.6211 1,800 Street Maint. Snow Bucket for Removal 1610.6215 1,900 Snow& Ice Anti-Icing Unit 1665.6740 8,300 Public Works Ash Tree Removal 1500.6249 35,000 Gen. Govt Bldg. PT Salary 1060.6111 10,000 Park Admin Printing Referendum Info. 1700.6229 11,000 Park Admin. Park Facilities Master Plan 1700.6235 40,000 Park Admin Park Master Plan 1700.6235 80,000 Community Dev. Future Development Studies 1100.6249 10,000 Redwood Pool Pool Vacuum 1930.6735 8,000 Park Admin Aquatic Center Master Plan 1700.6235 10,300 Park Maint. Overlay Cobblestone Paths 1710.6269 90,000 Park Maint. North Creek Greenway 1710.6735 30,000 Snow& Ice Road Salt & Clear Lane 1665.6229 40,000 Finance Standup Desks 1035.6725 4,100 Total General Fund Committed Fund Balance $ 694,200 ADOPTED this 21st day of December, 2021. Clint Hooppaw, Mayor ATTEST: Pamela,J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2021- RESOLUTION AMENDING 2022 BUDGET FOR UNCOMPLETED 2021 PROJECTS AND SPECIFIC ITEMS WHEREAS, certain 2021 budgeted activities were not completed in 2021; and WHEREAS, certain 2021 program budget savings are requested to be reassigned; and WHEREAS, the 2021 budget accumulated resources for the completion of the items; and WHEREAS, to provide for the 2022 purchase it is also necessary to provide for an increase in the 2022 budget to provide the appropriation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley that the following budget adjustments be made to the 2022 budget. Department Description 2021 2021 2022 2022 Account (Reduction) Account Additional Code Amount Code Amount Information Tech. Networking Equipment 1030.6725 $ (92,000) 1030.6725 $ 92,000 Information Tech HP Server Replacement 1030.6725 (47,000) 1030.6725 47,000 Information Tech. Network Security Audit 1030.6235 (27,000) 1030.6235 27,000 Police. Body Cam /In-car Video Server 1200.6110 (90,000) 1200.6740 90,000 Police Ammunition 1200.6235 (22,500) 1200.6229 22,500 Police Office Furniture (CIU) 1200.6235 (3,500) 1200.6720 3,500 Traffic Signs Driver Feedback Signs Solar 1610.6249 (1,800) 1610.6229 1,800 Engineering GIS Intern 1510.6112 12,000 Public Works Savings in PT Salaries 1500.6110 (6,000 Public Works Savings in Overtime 1500.6113 (6,000) Street Maint. Concrete Trailer Attachments 1610.6249 (4,000) 1610.6740 4,000 Street Maint. Tailgate Upgrade Plow 1610.6249 (5,000) 1610.6740 5,000 Street Maint. Landscaping Galaxie Ave 1610.6249 (6,000) 1610.6229 6,000 Street Maint. Radio (3) Replacement 1610.6249 (3,000) 1610.6265 3,000 Street Maint. Purchase iPads (3) 1610.6249 (1,800) 1610.6211 1,800 Street Maint. Snow Bucket for Removal 1610.6249 (1,900) 1610.6215 1,900 Snow& Ice Anti-Icing Unit 1665.6215 (8,300) 1665.6740 8,300 Public Works Ash Tree Removal 1500.6249 (35,000) 1500.6249 35,000 Gen. Govt Bldg. PT Salary 1060.6110 (10,000) 1060.6111 10,000 Park Admin Printing Referendum Info. 1700.6239 (11,000) 1700.6229 11,000 Park Admin. Park Facilities Master Plan 1700.6235 (40,000) 1700.6235 40,000 Park Admin Park Master Plan 1700.6235 (80,000) 1700.6235 80,000 Community Dev. Future Development Studies 1100.6249 (10,000) 1100.6249 10,000 Redwood Pool Pool Vacuum 1930.6735 1930.6735 8,000 Redwood Pool Redirect Pool Diving Board 1930.6735 (5,000) Redwood Pool Savings Redwood Redesign 1930.6235 (7,300) Park Admin Aquatic Center Master Plan 1700.6235 (6,000) 1700.6235 10,300 Park Maint. Overlay Cobblestone Paths 1710.6269 (90,000) 1710.6269 90,000 Park Maint. North Creek Greenway 1710.6735 1710.6735 30,000 Park Maint Savings in Supplies 1710.6229 (20,000) Park Maint Savings in Contractual Serv. 1710.6235 (10,000) Department Description 2021 2021 2022 2022 Account (Reduction) Account Additional Code Amount Code Amount Snow& Ice Road Salt & Clear Lane 1655.6229 (40,000) 1665.6229 40,000 Finance Standup Desks 1035.6725 (4,100) 4,100 Subtotal General Fund Expenditures (694,200) 694,200 General Fund Transfer from FCPF 1001.5499 (120,000) 1001.5499 120,000 Subtotal General Fund Revenues (120,000) 120,000 Future Capital Transfer to Gen. Fund 4932.7110 (120,000) 4932.7110 120,000 Projects Fund Subtotal Future Capital Projects Fund Expenditures (120,000) 120,000 Muni Bldg. Fund Fire Station #3 Bay Floor 4002.6715 (30,000) 4002.6715 30,000 Muni Bldg. Fund Senior Center-Backup Boiler 4002.6715 (25,000) 4002.6715 25,000 Muni Bldg. Fund Senior Center HVAC Upgrades 4002.6715 18,000 Muni Bldg. Fund Senior Center Savings 4002.6715 (18,000) Concrete Replacement Muni Bldg. Fund Senior Center Pump Repl. 4002.6715 4,000 Muni Bldg. Fund Senior Center Savings 4002.6715 (4,000) Concrete Replacement Muni Bldg. Fund Senior Center Storage Shed 4002.6715 10,000 Muni Bldg. Fund Senior Center Savings Cooling 4002.6715 (10,000) Tower Muni Bldg. Fund Community Center Masonry 4002.6715 (34,000) 4002.6715 34,000 Caulk/Sealant Muni Bldg. Fund JCRP East Restroom facility 4002.6715 (60,000) 4002.6715 60,000 Muni Bldg. Fund Muni Center HVAC Controller 4002.6715 25,000 Muni Bldg. Fund CMF Storage Bldg Heater 4002.6715 (25,000) Replacements Total Municipal Building Fund Expenditures (206,000) 206,000 Sanitary Sewer Seasonal GIS Intern 5365.6112 (4,000) 5365.6112 4,000 Storm Water Iron Enhanced Filter 5505.6249 (50,000) 5505.6249 50,000 Storm Water Briar Oaks Improvement 5505.6735 (70,000) 5505.6735 70,000 Water Operations Quarry Point Fencing/Cameras 5320.6735 (47,000) 5320.6735 47,000 Water Operations Wells 1,2,3,16 Review 5320.6735 (12,000) 5320.6235 12,000 Water Operations Nordic Booster Station 5320.6735 (15,000) 5320.6235 15,000 Total Water Utility Expense (198,000) 198,000 ADOPTED this 21 St day of December, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.F. ..... :�. Apple COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Authorizing Transfers from the Liquor Fund for 2021 Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt the resolution authorizing 2021 transfers of $680,000 from the Liquor Fund to the General Fund and $150,000 to the Valleywood Vehicle and Equipment Replacement Fund. SUMMARY: Each December the City Council approves transfers from the Liquor Fund. Since 2002, a total of $10,370,000 has been transferred to support General Fund operations. The 2021 budget included $680,000 in transfers from the liquor operations to the General Fund. The City Council adopted Valleywood Strategic Business Plan also identified an annual transfer of$150,000 to come from the Liquor Fund. BACKGROUND: For 2021, the City Council has directed that the amounts transferred to the General Fund are to support the purchase of Fire Department Hydraulic Rescue Tools, Six Police Vehicles, 800Mhz Radios as well as supporting recreation programs in the community and thereby lowering the property tax levy. New for the 2021 year a transfer is included to go to the Valleywood Vehicle and Equipment Replacement Fund (VERF) to offset course operations as included in the Valleywood Strategic Business Plan. The following table recaps the projects and equipment supported by the transfer from the liquor fund over the past five years. Annual Municipal Liquor Store Transfers Support the Community Amount Expenditure Supported by Annual Transfer 2017 $630,000 Fire Command Van, Police Squad Car, Parks Tractor/Snowplow, and Parks & Recreation Activities 2018 $630,000 Fire Self-Contained Breathing Apparatus, Fire Rescue Response Truck, Three Police Vehicles and Parks & Recreation Activities 2019 $660,000 Fire Thermal Imagers, Three Police Vehicles, 800Mhz Radios and Parks and Recreation Activities 2020 $660,000 Fire Department Hydraulic Rescue Tools, Seven Police Vehicles, 800 Mhz Radios and Recreation Activities 2021 $830,000 Six Police Vehicles, Fire Department Ladder Truck, 800 Mhz Radios, Park and Recreation Activities and Valleywood Operations BUDGET IMPACT: The General Fund included a $680,000 budgeted transfer from the Liquor Fund in 2021. The Valleywood Strategic Business Plan plan identified a transfer of$150,000 per year. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2021- RESOLUTION AUTHORIZING TRANSFERS FROM THE LIQUOR FUND FOR 2021 WHEREAS, the 2020 General Fund budget included a transfer from the Liquor Fund in the total amount of$680,000.00; and WHEREAS, the Valleywood Strategic Business Plan identified an annual transfer to Valleywood; and WHEREAS,there is sufficient money in the liquor fund to meet the fund's operating costs and to make the transfers to the General Fund and Valleywood Equipment Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that effective December 31, 2021, the amount of $680,000 shall be transferred from the Liquor Fund to the General Fund to support recreation activities and public safety capital expenditures, in addition to the transfer of$150,000 from the Liquor Fund to the Valleywood Vehicle and Equipment Replacement Fund(VERF). ADOPTED this 21 St day of December, 2021. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.G. ..... :�. Apple ii COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution of Support for Noise Wall Grant Applications with Minnesota Department of Transportation (MnDOT) Staff Contact: Department/ Division: Matt Saam, Public Works Director Public Works Department ACTION REQUESTED: Adopt the resolution of support for 2021 Noise Wall Grant applications with Minnesota Department of Transportation(MnDOT). SUMMARY: In the fall of each year, MnDOT solicits for grant applications from metro cities for their Standalone Noise Wall program. MnDOT is currently seeking applications for potential noise wall project(s) in fiscal year 2027. MnDOT Metro has set aside approximately $2 million per year to fund this program, which typically would fund construction for 1 to 2 noise wall sites per year. Funding is discretionary and may change due to budget needs. In the past, staff has previously discussed the City's four eligible sites for noise walls with the Council at a previous informal meeting. Staff has also received a few citizen requests for noise walls within some of the sites. All of the sites are within MnDOT right-of-way along TH 77 (Cedar Ave.) and one is partially along I-35E. Staff has selected two of the locations that residents have contacted us on to submit applications for. A description of each of the proposed project sites is listed below along with attached location figures: 1. Grandview Terrace area — This site is along the west side of Cedar Ave., immediately north of Surrey Trail and east of I-35E. It is just south of the I-35E off-ramp to southbound Cedar Ave. The estimated wall length would be 2,693 feet. 2. Gossamer Way area — This site is along the west side of Cedar Ave., immediately north of 138th Street. The estimated wall length would be 1,320 feet. One of the requirements for each of the applications is that a Resolution of Support is included from the governing jurisdiction where the project is located. BACKGROUND: MnDOT has developed the Standalone Noise Wall Program in order to address the legislative directive of mitigating traffic noise and to provide funding for construction of noise barriers along state highways in areas where no noise abatement measures exist and no major construction projects are currently programmed. Selected standalone noise barrier projects require a 10% cost share from the city where the noise barrier is being proposed. Following receipt of applications, MnDOT then conducts a noise study and ranks the applications received based on existing noise levels, length of barrier, number of benefited homes, and cost effectiveness of a noise barrier. The top ranking noise barrier project(s) is then programmed into the MnDOT 4-year STIP (State Transportation Improvement Program). Applications are received annually from September 1 to December 31 and projects are selected before June of the following calendar year. BUDGET IMPACT: Each of the project applications is a 90/10 grant, with MnDOT covering 90% of the cost and the City required to cover 10% of the cost. If chosen for a grant, the City would have the option to either accept the grant or not go forward with the project. Estimated City portions are: Grandview location— $200,000 Gossamer Way location— $100,000 Neither of the project application sites are currently included in the City's draft 2022-2026 CIP (Capital Improvement Plan). However, if one of the project application sites is chosen, City staff feel there is sufficient time to discuss funding with the City Council as the project would not be constructed until 2027. ATTACHMENTS: Location Map Location Map Resolution PROPOSED WALL LOCATION - GRANDVIEW TERRACE �� ''i • j• • . y 1+4. IL- '4/ , :411t111117. ''.. 4?" •• ' /1.' 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CITY OF APPLE VALLEY RESOLUTION NO. 2021- APPROVE RESOLUTION OF SUPPORT FOR 2021 NOISE WALL GRANT APPLICATIONS WHEREAS, each year MnDOT (Minnesota Department of Transportation) solicits for grant applications from metro cities for the Standalone Noise Wall program; and WHEREAS, the City supports continued study and design of the proposed noise wall improvements, and have agreed to consider the City's participation in the costs of the noise wall construction and associated construction engineering in future City Capital Improvement programming if the applications are funded by the grant program; and WHEREAS, one of the requirements for each of the applications is that a Resolution of Support be included from the governing jurisdiction where the project is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that this resolution of support for each of the below Noise Wall grant applications be provided: 1. Grandview Terrace area—along the west side of Cedar Ave., immediately north of Surrey Trail and east of I-35E. It is just south of the I-35E off-ramp to southbound Cedar Ave. 2. Gossamer Way area—along the west side of Cedar Ave., immediately north of 138th Street. ADOPTED this 21st day of December 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.H. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Amendments to Apple Valley Firefighters Relief Association Bylaws Staff Contact: Department/ Division: Chuck Russell, Fire Chief Fire Department ACTION REQUESTED: Adopt the resolution approving amendments to the Apple Valley Firefighters Relief Association Bylaws. SUMMARY: The membership of the Apple Valley Firefighters Relief Association (AVFRA) voted to amend their bylaws at a special meeting held December 4, 2021. The first bylaw amendment allows only lump sum pension distributions for members who qualify for a pension and leave service after January 1, 2022. The second bylaw amendment revises Amendment A of the bylaws to include a benefit increase. This provides a $0.50 per year of service increase to the monthly pension and $3,500 per year of service increase for the lump sum pension. The third amendment allows the Board to set a salary for the Vice President. With the approval by the AVFRA membership, Minnesota State Statutes 424A.02 requires the City Council to ratify any AVFRA bylaw amendments. BACKGROUND: The AVFRA is a legal entity that receives and manages monies to provide retirement and other benefits to its members (volunteer/paid-on-call firefighters) and beneficiaries (retired volunteer/paid-on-call firefighters). The AVFRA has two major sources of revenue: Minnesota State Fire Aid dollars and property taxes the City of Apple Valley levies each year. The membership of the Apple Valley Firefighters Relief Association voted to amend their bylaws at the December 4, 2021, annual meeting. The first bylaw amendment allows only lump sum pension distributions for members who qualify for a pension and leave service after January 1, 2022. This removes the monthly annuity option for members and greatly reduces the liability those future payments cause the Special Fund. The second bylaw amendment revises Amendment A of the bylaws to include a benefit increase. The monthly pension increases by $0.50, from $46.50 to $47.00 per year of service. The lump sum pension increases by $3,500, from $7,500 to $11,000 per year of service. According to the actuarial completed this year, the funding ratio changes from 136% to approximately 120%. The third bylaw amendment allows the Relief Board to set a salary for the Vice President position. This will bring this important position in line with the President, Secretary and Treasurer positions. With the approval by the AVFRA membership, Minnesota State Statutes 424A.02 requires the City Council to ratify any AVFRA bylaw amendments. BUDGET IMPACT: The benefit increase is covered by the amount allotted in the approved City budget. ATTACHMENTS: Resolution Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2021- 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; April 24, 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; January 12, 2012; March 22, 2012; February 28, 2013; December 23, 2014; September 13, 2018; December 27, 2018; and December 22, 2020. WHEREAS, the Board of Trustees recommended and the membership of the Apple Valley Firefighters Relief Association approved amendments to the Bylaws at a Special Meeting on December 4, 2021, 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 21st day of December, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk EXHIBIT A BYLAWS Apple Valley Firefighters Relief Association BYLAWS OF THE APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION TABLE OF CONTENTS Page ARTICLE I - NAME Section 1 Name 1 Section 2 Purpose 1 Section 3 Records 1 ARTICLE II - MEMBERSHIP Section 1 Membership 1 Section 2 Membership Start Date 1 Section 3 Classes of Members 1 (a) Active Members 1 (b) Deferred Members 2 (c) Retired Members 2 (d) Separated Members 2 Section 4 Exclusion 2 Section 5 Dues, Fees, or Assessments 2 Section 6 Suspension 2 Section 7 Leave of Absence 2 Section 8 Termination of Membership 3 ARTICLE III -BOARD OF TRUSTEES Section 1 The Powers of the Board of Trustees 3 Section 2 Members of the Board of Trustees 4 Section 3 Duties of the Board of Trustees 4 Section 4 Officers 5 Section 5 President 5 Section 6 Vice President 5 Section 7 Secretary 5 Section 8 Treasurer 6 Section 9 Trustees 6 Section 10 Aid Committee 6 Section 11 Removal 6 ARTICLE IV—MEETINGS OF THE MEMBERS AND THE BOARD Section 1 Annual Meeting 7 Section 2 Board Meetings 7 (a) Place 7 (b) Notice 7 (c) Act by Majority 7 (d) Quorum 7 Section 3 Special Meetings 7 Section 4 Notice 7 Section 5 Quorum 8 Section 6 Order of Business 8 Section 7 Voting 8 Apple Valley.18149.1.Bylaws_- _Table_of_Contents—12-4-21 EXHIBIT A BYLAWS Apple Valley Firefighters Relief Association ARTICLE V- FUNDS Section 1 Funds Required 9 (a) General Fund 9 (b) Special Fund 9 Section 2 Deposits 9 Section 3 Disbursements 9 ARTICLE VI-BENEFITS Section 1 Service Pensions 9 (a) Eligibility Requirements 9 (b) Service Pension 10 (c) Notice of Intent to Take Distribution 10 (d) Application 11 (e) Acceptance of Application, Approval of Benefits 11 (0 Deferred Service Pension 11 (g) Year of Service 11 (h) Surviving Spouse 11 (i) Monthly Service Pension 12 (j) Joint Monthly Service Pension 12 (k) Monthly Service Pension Survivor Benefit 13 (1) Surviving Children's Monthly Service Pension 13 (m) Lump Sum Service Pension 13 (n) Supplemental Benefit 14 Section 2 Ancillary Benefits 14 (a) Active Member Survivor or Death Benefit 14 (b) Deferred Member Survivor or Death Benefit 14 Section 3 Limits on Benefits 14 (a) Domestic Relations Order 14 (b) Garnishment, Judgment, or Legal Process 14 ARTICLE VII -AMENDMENTS Section 1 Amendments 15 ARTICLE VIII—MUNICIPAL RATIFICATION Section 1 Ratification 15 Apple Valley.18149.1.Bylaws_- Table of Contents—12-4-21 BYLAWS APPLE VALLEY FIREFIGHTERS 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) ARTICLE I NAME Section 1 NAME. The name of this relief association is the Apple Valley Firefighters Relief Association. It is a nonprofit organization incorporated under the laws of Minnesota. Section 2 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;Q.Res.2007-185) Section 3 RECORDS. The Association shall keep, at minimum, correct and complete copies of its articles of incorporation and Bylaws, accounting records, records documenting Special Fund transactions, records necessary to determine benefits payable and paid to individual members and their beneficiaries, and minutes of each of its meetings that record the votes of actions taken. The Association's records shall be retained in accordance with the Records Retention Schedule filed with the Minnesota Historical Society. (Amended W.Res.2013-35) ARTICLE II MEMBERSHIP Section 1 MEMBERSHIP. Any regular or probationary active member of the Apple Valley Fire Department shall be eligible to apply for membership in this Association. Written application-may be made at any regular or special meeting of the Board of Trustees,and then laid over for one month for consideration. (Amended B.Res. 1990-42;T.Res.2011-26) Section 2 MEMBERSHIP START DATE. Membership begins on the date of hire by the Apple Valley Fire Department. Section 3 CLASSES OF MEMBERS. There shall be the following classes of members in the Association: (a) Active Members. Active members are the members who are serving on active duty as members of the Apple Valley Fire Department. (1) 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. (2) 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. (3) Annually,the Board of Trustees shall receive from the chief of the Apple Valley Fire Department a written certification indicating service time earned for the prior year. (Amended R.Res.2009-26;T.Res.2011-26) *Refer to Policies of the Board Page 1 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION (b) Deferred Members. Deferred members are those members who have separated from service and who have served at least 5 years of active service if commencing active service prior to 1/1/2010 as a firefighter in the Apple Valley Fire Department, or who commenced active service after 1/1/2010 must have served at least 10 years of active service as a firefighter in the Apple Valley Fire Department, 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. (c) Retired Members. Retired members are those members who have received a service pension from the Association. (d) Separated Members. Separated members are those members who have separated from service as firefighters but have not met the minimum years of service to be vested in the plan. (Amended Q.Res.2007-185;T.Res.2011-26;W.Res.2013-35) Section 4 EXCLUSION. Minors,under eighteen years of age,that are members of a youth, civic,or educational organization or program who participate with uninterrupted adult supervision, as allowed by federal law 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. 1990-42;T.Res.2011-26) Section 5 DUES, FEES, OR ASSESSMENTS. Any dues, fees or assessments collected shall be deposited in the General Fund. 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 annual amount received from the payroll checks is not sufficient to cover the annual 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.2012-67;W.Res.2013-35) Section 6 SUSPENSION. Any member under suspension from the Association for cause or for failure to pay dues pursuant to Article 1.4 of these Bylaws can only have the member's suspension lifted upon filing a completed application for 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.2012-67) Section 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 only be entitled to aid benefits. 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) *Refer to Policies of the Board Page 2 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION (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 Minn. Stat. § 424A.021, a volunteer firefighter who is absent 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 authorized 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. 1996-36;I.Res. 1997-80;Amended Q.Res.2007-185) (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) Section 8 TERMINATION OF MEMBERSHIP. Active members may be expelled from the Association for cause by a 60%vote of all the members at a regular or special Board meeting provided a quorum is present. Notice of the meeting and a written statement of the particular charges shall 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. 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. ARTICLE III BOARD OF TRUSTEES Section 1 THE POWERS OF THE BOARD OF TRUSTEES. The Board of Trustees (Board) is the governing Board and has exclusive control of the investment of the Association's plan assets in conformance with Federal and State law including,but not limited to,Minnesota statutes and these Bylaws. The members of the Board will act as Trustees,with a fiduciary obligation to the active,deferred,and retired members of the Association,who are its beneficiaries;the taxpayers of the City of Apple Valley,who help to finance the plan; and the State of Minnesota. The Board will invest and reinvest the Association's plan assets, determine benefits, determine eligibility for membership or benefits, determine the amount or duration of benefits, determine the funding requirements or amounts of contributions, oversee the expenditure of plan assets,and select financial institutions and investment products. *Refer to Policies of the Board Page 3 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Section 2 MEMBERS OF THE BOARD OF TRUSTEES. 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 or 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;I.Res. 1997-80;P.Res.2007-55;T.Res.2011-26) Section 3 DUTIES OF THE BOARD OF TRUSTEES. It shall be the duty of the Board of Trustees to: (a) 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; (b) Complete required state reports and file with the Office of the State Auditor annually; (c) Order an audit of the books and accounts of the Secretary and the Treasurer annually, according to law; and (d) Submit a written report of the condition of the Association to the members at the annual meeting. (Amended W.Res.2013-35) (e) The Board shall have on file a copy of the investment policy of the Association and file a copy of the investment policy, and all changes to the policy, with the Office of the State Auditor. (f) 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 before the Association enters or continues business with said broker. (Amended Q.Res.2007-185) (g) 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 or member of the relief association; (3) furnishing of goods, services, or facilities between the relief association and a board member; or (4) transfer to a board member, or 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. 1996-36) (h) A fiduciary with this Association shall act in good faith and shall exercise that degree of judgment and care,under circumstances then prevailing,that persons of prudence,discretion, and intelligence would exercise in the management of their own affairs,not for speculation, considering the probable safety of the plan capital as well as the probable investment return to be derived from the assets. (i) A fiduciary of a covered pension plan shall make reasonable effort to obtain knowledge and skills sufficient to enable the fiduciary to perform fiduciary activities adequately. At minimum, the Board of Trustees shall develop and periodically revise a program for the *Refer to Policies of the Board Page 4 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION continuing education of any of the board members and any of the chief administrative officers who are not reasonably considered to be experts with respect to their activities as fiduciaries. Section 4 OFFICERS. 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 elected officer or trustee, occurs during the term of office of any officer or 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. (Amended I.Res. 1997-80) Section 5 PRESIDENT. (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 Articles 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. Section 6 VICE PRESIDENT. (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. (b) The Vice 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. (Amended H.Res. 1996-36;CC.Res 2021-) Section 7 SECRETARY. (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 Trustees 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 *Refer to Policies of the Board Page 5 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Association. (6) Keep a roll of membership,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. Section 8 TREASURER. (a) It shall be the duty of the Treasurer to: (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. 1996-36;Q.Res.2007-185) Section 9 TRUSTEES. It shall be the duty of the Trustees to assist the members of the Board of Trustees with their duties. Section 10 AID COMMITTEE. 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 chair 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. (a) The Aid Committee shall establish the guidelines by which assistance shall be given and keep a copy of such guidelines filed with the Secretary. Any changes to this guideline must be approved by the membership at the Annual Meeting. (b) The Aid Committee members shall be the station rep from each station who shall serve two year terms. The station reps from 1 and 3 shall be elected from their members at the annual meeting during odd years and the station rep from 2 shall be elected from their members at the annual meeting during even years. (c) Other duties of the station rep shall be to inform members from their station how to obtain AID, notify the Administrative Assistant of any AID to be sent and maintain the service board at their station. (d) Funding shall come from the General Fund. *Refer to Policies of the Board Page 6 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION (Amended W.Res.2013-35) Section 11 REMOVAL. 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 or officer is removed, a replacement shall be elected at the same meeting, and such replacement shall serve out the unexpired term of the removed general trustee or officer. ARTICLE IV MEETINGS OF THE MEMBERS AND THE BOARD Section 1 ANNUAL MEETING. The annual meeting of the Association, for the election of officers and trustees, and other business, shall be held on the first Saturday of December or as otherwise set by the Board. (Amended AA.Res.2020-171) Section 2 BOARD MEETINGS. The Board of Trustees shall hold at least four regular meetings during each year. (Preferably more) (a) Place. A meeting of the Board of Trustees 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 meetings, including the date, time and location, shall be posted at each fire station and city hall. (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) Section 3 SPECIAL MEETINGS. 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. Section 4. NOTICE. Notice of the meetings and elections shall be given to all members entitled to vote at the meeting 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. Consent by a member to notice given by electronic communication may be given in writing or by authenticated electronic communication. The Association is entitled to rely on any consent so given until revoked by the member,provided that no revocation affects the validity of any notice given before receipt by the corporation of revocation of the consent. Written notice required by the Bylaws may be given as an *Refer to Policies of the Board Page 7 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION electronic notice pursuant to the requirements of this section. The Notice shall be effective when given. The notice is deemed given: (a) If by facsimile communication, when directed to a telephone number at which the member has consented to receive notice; (b) If by electronic mail, when directed to an electronic mail address at which the member has consented to receive notice; (c) If by posting on an electronic network on which the member has consented to receive notice, together with a separate notice to the member of the specific posting,upon the later of: (1) The posting; and (2) The giving of the separate notice; and (d) If by any other form of electronic communication by which the member has consented to receive notice,when directed to the member. Section 5 QUORUM. The presence of a majority of the Board then serving shall constitute a quorum of the Board. (a) Subject to Section 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 members is thirty percent(30%) of the active membership of the Relief Association. (Amended E.Res. 1994-55;M.Res.2002-219;R.Res.2009-26) Section 6 ORDER OF BUSINESS. At the annual and at all regular meetings the order of business shall 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 (0 Committee reports (g) Unfinished business (h) Election of officers(annual meeting) (i) New business (j) Adjournment (Amended H.Res. 1996-36) All meetings shall be conducted according to Robert's Rules of Order,as revised. 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. Section 7 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. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the Officer in charge of the vote shall ask for a vote by secret ballot. Neither cumulative voting nor voting by proxy shall be allowed. (Amended E.Res. 1994-55,W.Res.2013-35, BB.Res.2021-17) *Refer to Policies of the Board Page 8 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION ARTICLE V FUNDS Section 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,and flowers for the sick or deceased members,expenses of administering the fund. (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 Minn. Stat. §§ 69.80 and 424A.05. All other expenses of the Association shall be paid out of the General Fund. (Amended H.Res. 1996-36;W.Res.2013-35) Section 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. 1996-36) Section 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 Section 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 separated from the Fire Department of the municipality of Apple Valley and ceased to perform or supervise fire suppression duties; unless, as specified in Minn. Stat. § 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 full-time basis; and (b) the governing body of the City of Apple Valley has files 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; *Refer to Policies of the Board Page 9 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION (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 Depaitruent; (b) A person commencing active duty or a separated member returning to active service 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 immediately prior to separation from service, other than time on suspension and approved Leaves of Absence from the Apple Valley Fire Department. (5) Return to Service: (a) If a firefighter who has ceased to perform or supervise fire suppression duties resumes performing active firefighting with the Apple Valley Fire Department, the firefighter may again become an active member of the Association. (b) A firefighter who had not been paid a service pension returns to active Association membership under paragraph (a), who has met the minimum service requirement specified in Section 1(a)(3), and who does meet the minimum service requirement of Section 1(a)(4), upon a subsequent cessation of duties, must have a service pension for the original and resumption service periods calculated by applying the service pension amount in effect on the date of the firefighter's termination of the resumption service. (c) If a former firefighter who has received a service pension returns to active Association membership, the firefighter may qualify for the receipt of a service pension from the Association for the resumption service period if the firefighter meets the minimum service requirements of Section 1(a)(3). No firefighter may be paid a service pension more than once for the same period of service. (Amended H.Res. 1996-36;M.Res.2002-219;Q.Res.2007-185;R.Res.2009-26;T.Res.2011-26; W.Res.2013-35) (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 Article 6, Section 1(a),hired before January 1,2019 and separating service before January 1, 2022, shall be entitled to choose either a monthly service pension as set forth in Section 1 (i),joint and 100%,or 50%,monthly service pension as set forth in 6.1(j), or lump sum service pension as set forth in Section 1(m). All members hired after January 1, 2019 or separating service after December 31, 2022 shall be entitled to only the lump sum service pension set forth in Section 1(m). Twenty (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 M1-21 Table LS1-21 Table M1-22 Table LS1-22 (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;X.Res.2014-206;Z.Res 2018-213;AA.Res 2020-171;CC. *Refer to Policies of the Board Page 10 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Res 2021-) (c) Notice of Intent to Take Distribution. Each member who intends to take distribution of a service pension, including a deferred service pension, from the Association must file a Notice of Intent to Take Distribution. Such Notice of Intent to Take Distribution will be in writing, and will be filed with the Secretary not less than 90 days prior to the intended date of distribution. Upon receipt of the Notice of Intent to Take Distribution,the Secretary will provide to the applicant an Application for Distribution and any forms or notices required by Federal or State law. No Notice of Intent to Take Distribution is required for ancillary benefits. (Amended Y.Res.2018-128) (d) Application. Applications for service pensions shall be made in writing on forms supplied by the Secretary. The application shall be submitted via U.S. mail, electronically, or delivered personally 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). (Amended Y.Res.2018-128) (e) Acceptance of Application,Approval of Benefits. Applications for service pensions shall not be approved until they are complete, including all required documentation as specified in the application. 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. (Amended Y.Res.2018-128) (f) Deferred Service Pension. (1) A member of the Association who separates from active service as a firefighter in the Apple Valley Fire Department and who has served at least 5 years of active service if commencing active service prior to 1/1/2010, or who commenced active service after 1/1/2010 must have served at least 10 years of active service as a firefighter in the Apple Valley Fire Department, and served at least five years of active membership in the Association,shall be entitled to a deferred service pension to commence upon reaching at least 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) No interest will accumulate or be compounded on a lump sum service pension as of December 31,2020. (Amended C.Res. 1990-158;K.Res. 1999-239;N.Res.2003-179;Q.Res.2007-185;T.Res.2011-26; W.Res.2013-35;Y.Res.2018-128,AA.Res.2020-171) (g) 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 *Refer to Policies of the Board Page 11 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION prorated at the rate of 8.333%per complete month of active service,pursuant to Minn. Stat. § 424A.02, Subd. 1. If a member's period of active service is not continuous,parts of years may be added together to complete a full year. (Amended E.Res. 1994-55;H.Res. 1996-36;I.Res. 1997-80;T.Res.2011-26;W.Res.2013-35) (h) 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. 1996-36;R.Res.2009-26) (i) Monthly Service Pension. Each member hired before January 1, 2019 and separating service before January 1,2022,meeting the requirements of Section 1(a)shall be entitled to select a monthly service pension. The monthly service pension determined in 6.1(b) shall receive postretirement increases as authorized by Minn. Stat. § 424A.02, Subd. 9 (a). The monthly service pension shall commence with payment the first day of the month following the date of receipt of a complete application that is approved by the Board of Trustees and shall cease the first day of the month following the retired member's death. (Amended H.Res. 1996-36,O.Res.2005-187;Q.Res.2007-185;Y.Res.2018-128;Z.Res 2018-213;CC.Res 2021-) (j) Joint Monthly Service Pension. (1) Joint and 100% monthly service pension. Each member hired before January 1, 2019 and separating service before January 1, 2022, meeting the requirements of Section 1(a)who selects the monthly service pension of Section 1(i) shall be entitled to choose a Joint and 100% monthly service pension. The monthly service pension, determined in Section 1(b), shall be modified by the following table: Joint and 100% Conversion Factors Age at Payment Commencement Reduction Factor 50 .878 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.2002-219;Z.Res 2018-213;CC.Res 2021-) (2) Joint and 50% monthly service pension. Each member hired before January 1, *Refer to Policies of the Board Page 12 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION 2019 and separating service before January 1, 2022, meeting the requirements of Section 1(a)who selects the monthly service pension of Section 1(i)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 50 .935 51 .932 52 .929 53 .925 54 .922 55 .918 56 .915 57 .911 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 as shown in 6.1(h) beginning with the first month following the death of the spouse. (Amended M.Res.2002-219;Z.Res 2018-213;CC.Res 2021-) (k) 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, or 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;I.Res. 1997-80,L.Res.2001-191; M.Res.2002-219) (1) 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 to the surviving children exceed the sum equal to one and one-half times the 10-year benefit level per month. (Amended C.Res. 1990-158;F.Res. 1994-226;H.Res. 1996-36) (m) Lump Sum Service Pension. Each member meeting the requirements of Section 1(a) shall be entitled to select a lump sum service pension.Alternate payment methods shall include: *Refer to Policies of the Board Page 13 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION (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) (n) Supplemental Benefit. As described in Minn. Stat. §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.2007-185) Section 2 ANCILLARY BENEFITS. "Ancillary Benefit" 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 Minn. Stat. § 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 Minn. Stat. § 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(f),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;R.Res.2009-26; S.Res.2010-34;T.Res.2011-26) (b) Deferred Member Survivor or Death Benefit. Pursuant to Minn. Stat. § 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 6.1(b),using years of service as determined in 6.1(f). The total benefits paid under 6.2(b)cannot exceed the benefit earned by the member. (Amended I.Res. 1997-80;J.Res. 1997-253;K.Res. 1999-239;R.Res.2009-26;S.Res.2010-34; T.Res.2011-26;W.Res.2013-35) Section 3 LIMITS ON BENEFITS. (a) Domestic Relations Order. A qualified domestic relations or domestic relations order that complies with the provisions of Minn. Stat. §§ 518.58, 518.581, or 518A.53, 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 service pension, which is distributable pursuant to the terms and conditions of Article VI herein. When a qualified *Refer to Policies of the Board Page 14 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION domestic relations order is submitted to the Apple Valley Firefighters Relief Association Board for review and/or consideration, it must be accompanied with an administrative fee of$500.00. (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 518.611. (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. 1996-36) (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. 1996-36) ARTICLE VII AMENDMENTS Section 1 AMENDMENTS. 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 MUNICIPAL RATIFICATION Section 1 RATIFICATION. 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 Relief Association 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 Relief Association did amend on the 11th 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 Relief Association 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. *Refer to Policies of the Board Page 15 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Which amendments were approved by the Apple Valley City Council on the 9th day of August, 1990;Resolution No. 1990-15 8. D. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association 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 JUNE 8, 1992,being on each page.Which amendments were approved by the Apple Valley City Council on the 25th day of June, 1992; Resolution No. 1992-174. E. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association 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 10th 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 Relief Association 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 Relief Association did amend on the 11th day of February, 1996, 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 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. I. At duly called regular meetings thereof, the Apple Valley Firefighters Relief Association did amend on the 9th day of February, 1997, and the 13th day of April, 1997,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 Relief Association 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 10th 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 BYLAWS,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 BYLAWS, 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 *Refer to Policies of the Board Page 16 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION 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 Firefighters Relief Association did amend on the 12th day of October, 2003, the foregoing CODE OF BYLAWS, 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 10th 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 Relief Association 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 11, 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 Relief Association 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 FEBRUARY 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 Firefighters Relief Association did amend on the 7th day of February, 2010, the foregoing BYLAWS, said Bylaws 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 City 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 BYLAWS, said Bylaws 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,2011;Resolution No.2011-26. U. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 19th day of December, 2011, the foregoing BYLAWS, said Bylaws 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 Valley Firefighters Relief Association did amend on the 12th day of February, 2012, the foregoing BYLAWS, said Bylaws 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 22nd day of March,2012;Resolution No. 2012-67. W. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 10th day of February, 2013, the foregoing BYLAWS, said Bylaws consisting of seventeen (17)pages, including this page, and Addendum A and Addendum B with the stamp FEBRUARY 10, 2013, being on each page. Which amendments were approved by the Apple Valley City Council on the 28th day of February,2013;Resolution No.2013-35. X. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 17th day of November, 2014, the foregoing BYLAWS, said Bylaws consisting of *Refer to Policies of the Board Page 17 of 18 December 4,2021 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION seventeen (17)pages, including this page, and Addendum A and Addendum B with the stamp NOVEMBER 17, 2014, being on each page. Which amendments were approved by the Apple Valley City Council on the 23rd day of December,2014;Resolution No.2014-206. Y. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 11th day of February, 2018, the foregoing BYLAWS, said Bylaws consisting of eighteen (18) pages, including this page, and Addendum A, with the stamp FEBRUARY 11, 2018,being on each page.Which amendments were approved by the Apple Valley City Council on the 13th day of September,2018;Resolution No. 2018-128. Z. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 3rd day of December 2018, the foregoing BYLAWS, said Bylaws consisting of eighteen (18) pages, including this page, and Addendum A and Addendum B with the stamp DECEMBER 3, 2018, being on each page. Which amendments were approved by the Apple Valley City Council on the 27th day of December,2018;Resolution No. 2018-213. AA. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 5th day of December 2020, the foregoing BYLAWS, said Bylaws consisting of eighteen(18)pages,including this page,and Addendum A with the stamp DECEMBER 5,2020, being on each page. Which amendments were approved by the Apple Valley City Council on the 22nd day of December,2020;Resolution No. 2020-171. BB. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 5th day of December 2020, the foregoing BYLAWS, said Bylaws consisting of eighteen(18)pages,including this page,and Addendum A with the stamp DECEMBER 5,2020, being on each page. Which amendments were approved by the Apple Valley City Council on the l lth day of February,2021;Resolution No.2021-17. CC. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 4th day of December 2021, the foregoing BYLAWS, said Bylaws consisting of eighteen(18)pages,including this page,and Addendum A with the stamp DECEMBER 4,2021, being on each page. Which amendments were approved by the Apple Valley City Council on the 21st day of December,2021;Resolution No. 2021-. President Secretary Mayor City Clerk *Refer to Policies of the Board Page 18 of 18 December 4,2021 Addendum A Table M1-21 (Amended AA. Res.2020-171) MONTHLY SERVICE PENSION EFFECTIVE JANUARY 1, 2021 $46.50 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service Per Month 5 $46.50 40% $93.00 6 $46.50 44% $122.76 7 $46.50 48% $156.24 8 $46.50 52% $193.44 9 $46.50 56% $234.36 10 $46.50 60% $279.00 11 $46.50 64% $327.36 12 $46.50 68% $379.44 13 $46.50 72% $435.24 14 $46.50 76% $494.76 15 $46.50 80% $558.00 16 $46.50 84% $624.96 17 $46.50 88% $695.64 18 $46.50 92% $770.04 19 $46.50 96% $848.16 20 $46.50 100% $930.00 BASE 21 BASE + $46.50 $976.50 22 BASE + $93.00 $1,023.00 23 BASE + $139.50 $1,069.50 24 BASE + $186.00 $1,116.00 25 BASE + $232.50 $1,162.50 26 BASE + $279.00 $1,209.00 27 BASE + $325.50 $1,255.50 28 BASE + $372.00 $1,302.00 29 BASE + $418.50 $1,348.50 30 BASE + $465.00 $1,395.00 No maximum years of service Page 1 Addendum A-December 4, 2021 Addendum A Table M1-22 MONTHLY SERVICE PENSION EFFECTIVE JANUARY 1, 2022 $47.00 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service Per Month 5 $47.00 40% $94.00 6 $47.00 44% $124.08 7 $47.00 48% $157.92 8 $47.00 52% $195.52 9 $47.00 56% $236.88 10 $47.00 60% $282.00 11 $47.00 64% $330.88 12 $47.00 68% $383.52 13 $47.00 72% $439.92 14 $47.00 76% $500.08 15 $47.00 80% $564.00 16 $47.00 84% $631.68 17 $47.00 88% $703.12 18 $47.00 92% $778.32 19 $47.00 96% $857.28 20 $47.00 100% $940.00 BASE 21 BASE + $47.00 $987.00 22 BASE + $94.00 $1,034.00 23 BASE + $141.00 $1,081.50 24 BASE + $188.00 $1,128.00 25 BASE + $235.00 $1,175.50 26 BASE + $282.00 $1,222.00 27 BASE + $329.00 $1,269.50 28 BASE + $376.00 $1,316.00 29 BASE + $423.00 $1,363.50 30 BASE + $470.00 $1,410.00 No maximum years of service Page 2 Addendum A-December 4, 2021 Addendum A Table LS1-21 (Amended AA. Res.2020-171) LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2021 $7,500 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service 5 $7,500 40% $15,000 6 $7,500 44% $19,800 7 $7,500 48% $25,200 8 $7,500 52% $31,200 9 $7,500 56% $37,800 10 $7,500 60% $45,000 11 $7,500 64% $52,800 12 $7,500 68% $61,200 13 $7,500 72% $70,200 14 $7,500 76% $79,800 15 $7,500 80% $90,000 16 $7,500 84% $100,800 17 $7,500 88% $112,200 18 $7,500 92% $124,200 19 $7,500 96% $136,800 20 $7,500 100% $150,000 BASE 21 BASE + $7,500 $157,500 22 BASE + $15,000 $165,000 23 BASE + $22,500 $172,500 24 BASE + $30,000 $180,000 25 BASE + $37,500 $187,500 26 BASE + $45,000 $195,000 27 BASE + $52,500 $202,500 28 BASE + $60,000 $210,000 29 BASE + $67,500 $217,500 30 BASE + $75,000 $225,000 No maximum years of service Page 3 Addendum A-December 4, 2021 Addendum A Table LS1-22 LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2022 $11,000 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service 5 $11,000 40% $22,000 6 $11,000 44% $29,040 7 $11,000 48% $36,960 8 $11,000 52% $45,760 9 $11,000 56% $55,440 10 $11,000 60% $66,000 11 $11,000 64% $77,440 12 $11,000 68% $89,760 13 $11,000 72% $102,960 14 $11,000 76% $117,040 15 $11,000 80% $132,000 16 $11,000 84% $147,840 17 $11,000 88% $164,560 18 $11,000 92% $182,160 19 $11,000 96% $200,640 20 $11,000 100% $220,000 BASE 21 BASE + $11,000 $231,000 22 BASE + $22,000 $242,000 23 BASE + $33,000 $253,000 24 BASE + $44,000 $264,000 25 BASE + $55,000 $275,000 26 BASE + $66,000 $286,000 27 BASE + $77,000 $297,000 28 BASE + $88,000 $308,000 29 BASE + $99,000 $319,000 30 BASE + $110,000 $330,000 No maximum years of service Page 4 Addendum A-December 4, 2021 AMENDMENT#1 Lump Sum only for all active members starting 1/1/2022 ARTICLE VI BENEFITS Section 1 SERVICE PENSIONS. (a) Eligibility Requirements. (no change) (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 Article 6, Section 1(a)2 and hired before January 1, 2019, and separating service before January 1, 2022, shall be entitled to choose either a monthly service pension as set forth in Section 1 (i),joint and 100%, or 50%, monthly service pension as set forth in 6.1(j), or lump sum service pension as set forth in Section 1(m). All Members hired after January 1, 2019 or separating service after December 31,2021,shall be entitled to only the lump sum service pension set forth in Section 1(m). Twenty(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 M1-21 Table LS1-21 Table M1-22 Table LS1-22 (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;X.Res.2014-206;Z.Res 2018-213;AA.Res 2020-171) (c) Notice of Intent to Take Distribution. (no change) (d) Application(no change) (e) Acceptance of Application,Approval of Benefits. (no change) (f) Deferred Service Pension.(no change) (g) Year of Service(no change) (h) Surviving Spouse. (no change) (i) Monthly Service Pension. Each member hired before January 1, 2019 and separating service before January 1, 2022, meeting the requirements of Section 1(a) shall be entitled to select a monthly service pension. The monthly service pension determined in 6.1(b) shall receive postretirement increases as authorized by Minn. Stat. § 424A.02, Subd. 9 (a). The monthly service pension shall commence with payment the first day of the month following the date of receipt of a complete application that is approved by the Board of Trustees and shall cease the first day of the month following the retired member's death. (Amended H.Res. 1996-36,O.Res.2005-187;Q.Res.2007-185;Y.Res.2018-128;Z.Res 2018-213) (j) Joint Monthly Service Pension. (1) Joint and 100% monthly service pension. Each member hired before January 1, 2019 and separating service before January 1, 2022, meeting the requirements of Section 1(a) who selects the monthly service pension of Section 1(i) shall be entitled to choose a Joint and 100%monthly service pension. The monthly service pension,determined in Section 1(b), shall be modified by the following table: Joint and 100% Conversion Factors Age at Payment Commencement Reduction Factor 50 .878 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.2002-219;Z.Res 2018-213) (2) Joint and 50%monthly service pension. Each member hired before January 1, 2019 and separating service before January 1,2022,meeting the requirements of Section 1(a) who selects the monthly service pension of Section 1(i) 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 50 .935 51 .932 52 .929 53 .925 54 .922 55 .918 56 .915 57 .911 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 as shown in 6.1(h)beginning with the first month following the death of the spouse. (Amended M.Res.2002-219;Z.Res 2018-213) (k) Monthly Service Pension Survivor Benefit. (no change) (1) Surviving Children's Monthly Service Pension. (no change) (m) Lump Sum Service Pension. (no change) (n) Supplemental Benefit. (no change) AMENDMENT#2 Lump Sum & Monthly Pension Increase Effective 1/1/2022 Table M1-21 MONTHLY SERVICE PENSION EFFECTIVE JANUARY 1, 2021 $46.50 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service Per Month 5 $46.50 40% $93.00 6 $46.50 44% $122.76 7 $46.50 48% $156.24 8 $46.50 52% $193.44 9 $46.50 56% $234.36 10 $46.50 60% $279.00 11 $46.50 64% $327.36 12 $46.50 68% $379.44 13 $46.50 72% $435.24 14 $46.50 76% $494.76 15 $46.50 80% $558.00 16 $46.50 84% $624.96 17 $46.50 88% $695.64 18 $46.50 92% $770.04 19 $46.50 96% $848.16 20 $46.50 100% $930.00 BASE 21 BASE + $46.50 $976.50 22 BASE + $93.00 $1,023.00 23 BASE + $139.50 $1,069.50 24 BASE + $186.00 $1,116.00 25 BASE + $232.50 $1,162.50 26 BASE + $279.00 $1,209.00 27 BASE + $325.50 $1,255.50 28 BASE + $372.00 $1,302.00 29 BASE + $418.50 $1,348.50 30 BASE + $465.00 $1,395.00 No maximum years of service Page Table M1-22 MONTHLY SERVICE PENSION EFFECTIVE JANUARY 1, 2022 $47 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service Per Month 5 $47.00 40% $94.00 6 $47.00 44% $124.08 7 $47.00 48% $157.92 8 $47.00 52% $195.52 9 $47.00 56% $236.88 10 $47.00 60% $282.00 11 $47.00 64% $330.88 12 $47.00 68% $383.52 13 $47.00 72% $439.92 14 $47.00 76% $500.08 15 $47.00 80% $564.00 16 $47.00 84% $631.68 17 $47.00 88% $703.12 18 $47.00 92% $778.32 19 $47.00 96% $857.28 20 $47.00 100% $940.00 BASE 21 BASE + $47.00 $987.00 22 BASE + $94.00 $1,034.00 23 BASE + $141.00 $1,081.50 24 BASE + $188.00 $1,128.00 25 BASE + $235.00 $1,175.50 26 BASE + $282.00 $1,222.00 27 BASE + $329.00 $1,269.50 28 BASE + $376.00 $1,316.00 29 BASE + $423.00 $1,363.50 30 BASE + $470.00 $1,410.00 No maximum years of service Page Table LS1-21 LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2021 $7,500 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service 5 $7,500 40% $15,000 6 $7,500 44% $19,800 7 $7,500 48% $25,200 8 $7,500 52% $31,200 9 $7,500 56% $37,800 10 $7,500 60% $45,000 11 $7,500 64% $52,800 12 $7,500 68% $61,200 13 $7,500 72% $70,200 14 $7,500 76% $79,800 15 $7,500 80% $90,000 16 $7,500 84% $100,800 17 $7,500 88% $112,200 18 $7,500 92% $124,200 19 $7,500 96% $136,800 20 $7,500 100% $150,000 BASE 21 BASE + $7,500 $157,500 22 BASE + $15,000 $165,000 23 BASE + $22,500 $172,500 24 BASE + $30,000 $180,000 25 BASE + $37,500 $187,500 26 BASE + $45,000 $195,000 27 BASE + $52,500 $202,500 28 BASE + $60,000 $210,000 29 BASE + $67,500 $217,500 30 BASE + $75,000 $225,000 No maximum years of service Page Table LS1-22 LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2022 $11,000 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service 5 $11,000 40% $22,000 6 $11,000 44% $29,040 7 $11,000 48% $36,960 8 $11,000 52% $45,760 9 $11,000 56% $55,440 10 $11,000 60% $66,000 11 $11,000 64% $77,440 12 $11,000 68% $89,760 13 $11,000 72% $102,960 14 $11,000 76% $117,040 15 $11,000 80% $132,000 16 $11,000 84% $147,840 17 $11,000 88% $164,560 18 $11,000 92% $182,160 19 $11,000 96% $200,640 20 $11,000 100% $220,000 BASE 21 BASE + $11,000 $231,000 22 BASE + $22,000 $242,000 23 BASE + $33,000 $253,000 24 BASE + $44,000 $264,000 25 BASE + $55,000 $275,000 26 BASE + $66,000 $286,000 27 BASE + $77,000 $297,000 28 BASE + $88,000 $308,000 29 BASE + $99,000 $319,000 30 BASE + $110,000 $330,000 No maximum years of service Page AMENDMENT#3 Authorizing pay for Vice President ARTICLE III BOARD OF TRUSTEES Section 6 VICE PRESIDENT. (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 Tern,who shall perform the duties incident to the office. (2) Assist the President. (3) Be a member of the Aid Committee. (b) The Vice 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. (Amended H.Res. 1996-36) • ITEM: 4.1. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Release of Financial Guarantee Staff Contact: Department/ Division: Breanna Vincent, Department Assistant Community Development Department ACTION REQUESTED: Approve release of financial guarantee. SUMMARY: The City holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of this development indicates that the following action is in order: 1. Cobblestone Lake 9th Addition LOC No.733478502 Project 2017-18 Original Deposit on 11/16/17 $13,000 Reduce now to $0.00 BACKGROUND: N/A BUDGET IMPACT: N/A • ITEM: 4.J. ..... :�. Apple ii COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve First Amendment to Access Restriction Easement with PHS Apple Valley Senior Housing, Inc., for Orchard Path Staff Contact: Department/ Division: Thomas Lovelace, City Planner Community Development Department Applicant: Project Number: PHS Apple Valley Senior Housing, Inc PC16-14-PZCB Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: Approve the First Amendment to Access Restriction Easement between PHS Apple Valley Senior Housing, Inc., and the City of Apple Valley for the Orchard Path continuum of care facility located at 5400 157th Street W. SUMMARY: For your consideration is a request from PHS Apple Valley Senior Housing, Inc, to amend their existing access restriction easement. The original easement was approved along with the final plat and development agreement in 2016. That document restricted vehicular access along the east and north side of Cobblestone Lake Parkway except at two locations. Those locations are a 104-foot wide opening at the 157th Street West intersection along the west side of the property and a 30-foot wide opening for the underground parking driveway located along the south side of the site. During construction, the driveway from Cobblestone Lake Parkway to the building's underground parking area was misaligned, with the west half of the driveway connection being located outside of the 30-foot opening. Therefore, the applicant is requesting that the restriction easement be amended to make it consistent with the existing on-site condition. The opening will remain 30 feet wide but it will be located 106 feet from the southeast corner of the property, as shown on sheet 2 of Exhibit A-1 of the amended document, instead of 92 feet as shown on the Exhibit A of the original easement. The current driveway opening does align with the existing Cobblestone Lake Parkway median cut. Therefore, no alterations within the public right-of-way will be required with this amended easement. BACKGROUND: After a recent finance closing for the property, the applicant discovered the misalignment of the driveway access to the underground parking spaces. In their discussions with Sunde Land Surveying and legal counsel, it was suggested that the easement be amended to include the new legal description and exhibits. BUDGET IMPACT: N/A ATTACHMENTS: Agreement Easement FIRST AMENDMENT TO ACCESS RESTRICTION EASEMENT THIS FIRST AMENDMENT TO ACCESS RESTRICTION EASEMENT (the "Amendment") is executed as of the day of December, 2021, between PHS Apple Valley Senior Housing, Inc. a Minnesota nonprofit corporation(the"Landowner") and the City of Apple Valley, a Minnesota municipal corporation(the"City"). South Shore Development, Inc. executed that certain Access Restriction Easement (the "Easement") dated August 31, 2016, and recorded on September 9, 2016, in the Office of the County Recorder, Dakota County, Minnesota as Document Number 3149059 granting the City a permanent easement for access restriction purposes over, under and across the property legally described as Lot 1, Block 1, Presbyterian Homes at Cobblestone Lake, Dakota County, Minnesota (the"Property"). South Shore Development, Inc. conveyed the Property to the Landowner on September 2, 2016, by limited warranty deed, recorded on September 9, 2016 in the Office of the County Recorder, Dakota County, Minnesota as Document Number 3149060. The Landowner is the current fee owner of the Property and has good right to amend the Easement. The Landowner and the City desire to amend the Easement relating to the Property as set forth in this Amendment. NOW, THEREFORE, the Landowner and the City for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, consent and agree to amend the Easement as follows: The Easement legally described at Exhibit "A" of the Easement is hereby amended and replaced by Exhibit"A-1" attached hereto. Except as specifically amended hereby, all terms and conditions of the Easement shall remain in full force and effect. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Easement, the terms and conditions of this Amendment shall control. This Amendment may be executed in multiple counterparts, each of which will be considered an original. Signature pages may be detached from the counterparts and attached to a single copy of this document to physically form one document. IN WITNESS WHEREOF,the Landowner has caused this instrument to be executed as of the day and year first written above. PHS APPLE VALLEY SENIOR HOUSING, INC. a Minnesota nonprofit corporation By: (V)--- Mark Meyer Its: Chief Financial 0 icer CITY OF APPLE VALLEY By: Clint Hooppaw Its: Mayor ATTEST By: Pamela Gackstetter Its: City Clerk STATE OF MINNESOTA ) 0t ) ss. COUNTY OF ) On this it day of December, 2021, before me a Notary Public within and for said County,personally appeared Mark Meyer, to me personally known,who being by me duly sworn, did say that he is the Chief Financial Officer of PHS Apple Valley Senior Housing, Inc., the company named in the instrument, and that the instrument was signed on behalf of the company by authority of the company. F`,-* KATHERINE J LONGNECKER of Notary Public Minnesota `''. My Co issi n Expires U Jan ii STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of December, 2021, before me a Notary Public within and for said County, personally appeared Clint Hooppaw and Pamela Gackstetter, to me personally known, who being by me duly sworn, did say that he is the mayor of and she is the city clerk of the City of Apple Valley a Minnesota municipal corporation, and that the instrument was signed on behalf of the City of Apple Valley by authority of the City of Apple Valley. Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills &Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 EXHIBIT A A 1.00 foot permanent easement for access restriction purposes over, under and across that part of Lot 1, Block 1, PRESBYTERIAN HOMES AT COBBLESTONE LAKE, according to the recorded plat thereof, Dakota County, Minnesota, lying parallel with and adjacent to the easterly and northerly right of way lines of Cobblestone Lake Parkway. EXCEPTING THEREFROM an area along the south line of said Lot 1 described as commencing at the southeast corner of said Lot 1; thence westerly along the south line of Lot 1 a distance of 106.00 feet to the point of beginning of the EXCEPTION AREA to be described; thence continuing 30.00 feet along the south line of Lot 1 and there terminating. ALSO EXCEPTING THEREFROM an area along the westerly line of said Lot 1 described as commencing at the most westerly northwest corner of Lot 1; thence South 34 degrees 04 minutes 34 seconds West, assumed bearing along the westerly line of said Lot 1, a distance of 50.00 feet to the point of beginning of the EXCEPTION AREA to be described;thence continuing 40.00 feet along said westerly line of Lot 1 and there terminating. ALSO EXCEPTING THEREFROM an area along the westerly line of said Lot 1 described as commencing at the most westerly northwest corner of Lot 1; thence South 34 degrees 04 minutes 34 seconds West, assumed bearing along the westerly line of Lot 1, a distance of 122.28 feet; thence southwesterly 119.21 feet along said westerly line of Lot 1 being a tangential curve concave to the east, having a central angle of 34 degrees 09 minutes 00 seconds and a radius of 200.00 feet to a point of tangency in said westerly line of Lot 1; thence South 00 degrees 04 minutes 26 seconds East, along said westerly line of Lot 1, a distance of 63.39 feet; thence 32.30 feet along said westerly line of Lot 1 being a non-tangential curve concave to the west, having a radius of 105.00 feet, a central angle of 17 degrees 38 minutes 16 seconds and a chord bearing South 39 degrees 26 minutes 34 seconds East to the point of beginning of the EXCEPTION AREA to be described; thence continuing 104.00 feet along said westerly line of Lot 1 and there terminating. EXHIBIT A—> Description Sketch For: CITY OF APPLE VALLEY PERMANENT ACCESS RESTRICTION EASEMENT A 1.00 foot permanent easement for access restriction purposes over, under and across that part of Lot I, Block I, PRESBYTERIAN HOMES AT COBBLESTONE LAKE, according to the recorded plat thereof, Dakota County, Minnesota, lying parallel with and adjacent to the easterly and northerly right of way lines of Cobblestone Lake Parkway. EXCEPTING THEREFROM an area along the south line of said Lot I described as commencing at the southeast corner of said Lot I; thence westerly along the south line of Lot I a distance of 106.00 feet to the point of beginning of the EXCEPTION AREA to be described; thence continuing 30.00 feet along the south line of Lot I and there terminating. ALSO EXCEPTING THEREFROM an area along the westerly line of said Lot I described as commencing at the most westerly northwest corner of Lot I; thence South 34 degrees 04 minutes 34 seconds West, assumed bearing along the westerly line of said Lot I, a distance of 50.00 feet to the point of beginning of the EXCEPTION AREA to be described; thence continuing 40.00 feet along said westerly line of Lot I and there terminating. ALSO EXCEPTING THEREFROM an area along the westerly line of said Lot I described as commencing at the most westerly northwest corner of Lot I; thence South 34 degrees 04 minutes 34 seconds West, assumed bearing along the westerly line of Lot I, a distance of 122.28 feet; thence southwesterly 119.21 feet along said westerly line of Lot I being a tangential curve concave to the east, having a central angle of 34 degrees 09 minutes 00 seconds and a radius of 200.00 feet to a point of tangency in said westerly line of Lot I; thence South 00 degrees 04 minutes 26 seconds East, along said westerly line of Lot I, a distance of 63.39 feet; thence 32.30 feet along said westerly line of Lot I being a non—tangential curve concave to the west, having a radius of 105.00 feet, a central angle of 17 degrees 38 minutes 16 seconds and a chord bearing South 39 degrees 26 minutes 34 seconds East to the point of beginning of the EXCEPTION AREA to be described; thence continuing 104.00 feet along said westerly line of Lot I and there terminating. I hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 2nd day of December, 2021 SUNDE ND URVEYING, LLC. Ar ee J. Carlson, .L. . Minn. Lic. No. 44900 SHEET 1 OF 2 S tJ1\Tlit ' 900I East Bloomington Freeway (35W) • Suite 118 Bloomington, Minnesota (35VV) Suit 952-881-2455 (Fax: 952-888-9526) if LAND T.I 15, R.20, 5.36 SURVEYING www.sunde.com 2021010—ACCESS.dwg NDN EXHIBIT A-1 =of \ +ems 2sr � �a ryI/S DENOTES NO ACCESS K, rye'� 0.00 ao�4. v oao• / ^inH- i W'LY LINE OF LOT I, BLOCK I w - N rn �6 �Q5°°E d• • �•.50 sa•�63 o e D�.3130 539 N ILG- i It,J oo `.- o '" o I /1 7- cS Mgo �w L_ V 1 / ,V h OWN 00 (. 0 QHE 1u '-Co C,i. r C ) r I J , ) ,.., i -, 6,- rY.; \) / I / /1 /\/{' 4 L. L- L/vI \ 1 fj I r-r� T/1nlr L_%II � L- N / n - .� I UI V L- /- I 0 �� SE CORNER OF LOT I, BLOCK I, PRESBYTERIAN HOMES AT COBBLESTONE LAKE \ S.LINE OF LOT I, BLOCK I ._ ' �_- 30PeN o � -,, �T„A,r_ NOT TO SCALE �VL.L- - /V/VL L.nf L DA i.),/l AAA Ii 106.� "'' SHEET 2 4F 2 Sl.jTi? * l1 9001 East Bloomington Freeway (35W)•Suite 118 Bloomington, Minnesota 55420-3435 952-881-2455 (Fox: 952-888-9526) 2021-010 T.1I5, R.20, 5.36 LAND SURVEYING www.sunde.com 2021010-ACCESS.dwg NDN ACCESS RESTRICTION EASEMENT THIS EASEMENT is made this or day of 4i,it i ,�� , 2016, by South Shore Development Inc. a Minnesota corporation (the "Landowner"),(An favor of the City of Apple Valley, a Minnesota municipal corporation(the "City"). The Landowner is the fee title holder of property legally described as follows: Lot 1, Block 1, Presbyterian Homes at Cobblestone Lake, Dakota County, Minnesota (the"Property"). The Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City and its successors and assigns, a permanent easement for access restriction purposes over, under and across the property legally described as follows: See attached Exhibit "A". (the "Easement Area"). This easement is granted for and limited to the express purpose of restricting vehicular access to Cobblestone Lake Parkway, except at locations permitted by the City, over and upon the Easement Area, it being understood: 1. The City shall have no obligation to maintain the Easement Area, and the Landowner and its successors and assigns may sod, seed, plant and maintain the Easement Area, provided that no driveway or other form of accessway may be constructed thereon. 2. The purpose of the easement is strictly limited to access restriction, and the City shall have no right to utilize the Easement Area for any other purpose by reason of this easement. The Landowner covenants with the City that it is the fee owner of the Property and has good right to grant and convey the easement herein to the City. This easement and the covenants contained herein shall run with the Property and shall bind the Landowner and its successors and assigns. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. South Shore Development, Inc. a Minneso c6 " rat' By: Its: STATE OF MINNESOTA ) ss. COUNTY OF Th. (I kc. ) On this S day of /jt{. 6 'U3I , 2016, before me, a Notary Public within and for said county, personally appeared UT, u 1' hie hei K to me personally known, who being by me duly sworn, did say that he he is the �j11C of South Shore Development, Inc., the Minnesota corporation named in the foregoing instrument, and that said instrument was signed on behalf of the corporation and acknowledged said instrument to be the free act and deed of the corporation. zt„,,,, 4, ikalt.„--- No ry Public ,a`"' 'q JOANNE H MURPHY �-.�.�..4 Notary Public �2;^ '€ Slate of Minnesota This instrument was drafted by: Ze,S; My Commission Expires ,a January 37, 2020 Dougherty, Molenda, Solfest, Hills& Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 MGD/Imd (66-36910) EXHIBIT A CITY OF APPLE VALLEY, MINNESOTA / .� / PERMANENT ACCESS RESTRICTION EASEMENT 4 A 1.00 foot permanent easement for access restriction purposes over,under,and across that part of Lot 1, Block I, tY / PRESBYTERIAN HOMES OF COBBLESTONE LAKE,according to Kt the recorded plat thereof,Dakota County,Minnesota,lying parallel with and adjacent to easterly and northerly right of way rm`ir c—,,, line of Cobblestone Lake Parkway. �— EXCEPTING THEREFROM an area along the westerly line of said ) oo Lot 1, Block 1, PRESBYTERIAN HOMES OF COBBLESTONE LAKE, too ! described as follows: l\ ?hc Commencing at the southwest corner of Outlot A, COBBLESTONE LAKE SOUTH SHORE,according to the recorded plat thereof,said Dakota County, Minnesota;thence North 49 w S degrees 49 minutes 23 seconds West,assuming the west line of ° said Outlot A, bears North 00 degrees 14 minutes 30 seconds 1 >a 10 West,a distance of 202.47 feet; thence on a bearing of WEST,a WEST 6�53 1 161.33 distance of 34.11 feet;thence North 22 degrees 39 minutes 24 i a_�o3 WEST z M 152.86 i a seconds West,a distance of 70.07 feet; thence on a bearing of WO 16 WET/ "1 o., ca = WEST,a distance of 152.86 feet;thence on a bearing of NORTH, LOT 7, BLOCK �tl' -a a distance of 33.50 feet;thence on a bearing of WEST,a • PA( •4 F�t,, ,,,o =$5 distance of 161.23 feet;thence northwesterly 66.53 feet along a g .�'•„ls9 \gz3 l tangential curve concave to the northeast having a radius of e8;'.� 77.00 feet and central angle of 49 degrees 30 minutes 26 I • ` ,�`''" seconds;thence on a bearing of WEST,not tangent to last Z? described curve,a distance of 74.10 feet to the westerly line of said Lot 1,Block 1 and the point of beginning of the EXCEPTION --r.00 „ AREA to be described;thence northeasterly,northerly,and d northwesterly along said westerly line of Lot 1, Block 1,a roo • distance of 104.00 feet and there terminating. as 1 ALSO EXCEPTING THEREFROM an area along the southerly line of said Lot 1,Block 1,PRESBYTERIAN HOMES OF • y ,,,.c ',.EKC COBBLESTONE LAKE,described as follows: �c COBd.`-Jr o,.� I\ Commencing at the southwest comer of Outlot A, •k COBBLESTONE LAKE SOUTH SHORE,according to the recorded • plat thereof,said Dakota County,Minnesota;thence North 49 degrees 49 minutes 23 seconds West,assuming the west line of ya M a said Outlot A, bears North 00 degrees 14 minutes 30 seconds ,t j I West,a distance of 202.47 feet;thence on a bearing of WEST,a t. • _I 3o .,�y."� distance of 34.11 feet; thence on a bearing of SOUTH,a t* �—• • °p� —>z'�z distance of 371.51 feet;thence South 13 degrees 25 minutes 13 / 'v�. seconds West, 164.13 feet;thence South 39 degrees 54 minutes LAKE PARKWAY I zoo _ eg m / • . — 35 seconds West, 53.30 feet to the southerly line of said Lot 1; --- • - — thence westerly along said south line of Lot 1, Block 1,a distance of 92.00 feet to the point of beginning of the \I I EXCEPTION AREA to be described;thence continuing westerly along said south line a distance of 30.00 feet and there terminating. I LEGEND o Permanent Access Restriction Easement a NOT TO SCALE I I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION,OR REPORT "" SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION p AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR T F > 4a k 1. .. ; ..a 193803476V603.dwg a UNDER THE LAWS OF THE STATE OF MINNESOTA. PRINT NAME: DANIEL J.ROEBER St. Paul Office DRAWN e 2335 West Highway 36 DJR R7. �/ Saint Paul, MN 55113 o SIGNATURE: / /s-�!� Phone:Fon66 16�-�1� PROJ.NO. DATE AUGUST 19,2016 LC.NO. 43133 Website.'wwwsiantec.com 193803476 • ••• ITEM: 4.K. ..... .... Apple COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Affirm Economic Development Authority's Approval of Joint Powers Agreement with Dakota County Community Development Agency for"Open to Business" Program Staff Contact: Department/ Division: Alex Sharpe, Planning and Economic Dev. Spec. Community Development Department ACTION REQUESTED: Affirm Economic Development Authority's approval of the Joint Powers Agreement with Dakota County CDA and participating communities to participate in the "Open to Business" program. SUMMARY: Attached for your consideration is a Joint Powers Agreement with the Dakota County Community Development Agency (CDA) for the "Open to Business" program in Dakota County. Multiple cities and economic development authorities in Dakota County seek this collaborative business support program, hence the joint powers agreement is a cost effective response. The program consulting service is offered by the Metropolitan Consortium of Community Developers (MCCD). Their scope of service helps small businesses and entrepreneurs that need individual advice and counseling, and access to capital in support of partnerships with local commercial banking resources. Small businesses and entrepreneurs generate a significant number of jobs and income, but are often unable to obtain local routine business advice or traditional funding because they are considered too much time or a greater risk by lending institutions. The technical assistance and financing network offered by MCCD can make a difference in creating a successful early or experienced business. As reported to the EDA in January 2021, the "Open to Business" program hired Natalie Mouilso as Dakota County's Business Advisor. Ms. Mouilso is available for one-on-one consultations, online appointments, and has been hosting business webinars since she was hired in late 2020. Ms. Mouilso provides expertise in start-up financing and business plan development, as well as meeting with businesses at other locations at their convenience. In addition to Apple Valley, the participating communities include Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul, and small cities and townships in the County. If the Economic Development Authority approves the agreement, the City Council will be asked to affirm this approval. BACKGROUND: The details of the program are summarized in the attached joint powers agreement and the service contract between MCCD and the Dakota County CDA. BUDGET IMPACT: The CDA administers the program and funds half of MCCD's $150,000 fee; with participating cities funding the other half of the fee. Apple Valley's cost to participate in this program for 2022 is $8,100. The other 50% of the total cost for the City's participation of $16,200 is provided by the Dakota County CDA. This fee is consistent with the annual fee charged from 2018-2020. The funds have been allocated in the EDA's 2022 budget. ATTACHMENTS: Agreement Agreement JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this "Agreement"), is made as of December 21, 2021,by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the "CDA"), a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "State"), and each of the BURNSVILLE ECONOMIC DEVELOPMENT AUTHORITY, CITY OF LAKEVILLE, CITY OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY, FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA (each individually a "Local Government Entity" and together the "Local Government Entities"), each a political subdivision of the State. RECITALS: A. In order to pursue common goals of fostering economic development, the CDA and the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community Developers, a Minnesota non-profit corporation ("MCCD") to undertake the "Open To Business Program"(the"Program")within Dakota County(the"County"). B. Pursuant to the Program, MCCD will provide technical assistance and access to capital to small business and potential entrepreneurs in the County. C. The CDA and the Local Government Entities propose to jointly exercise their common economic development powers to undertake the Program. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the CDA and each of the Local Government Entities, each party does hereby represent, covenant and agree with the others as follows: Section 1. Representations. Each of the Local Government Entities and the CDA makes the following representations as to itself as the basis for the undertaking on its part herein contained: (a) It is a political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. Joint Powers Agreement (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which it is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to this Agreement are the powers of the CDA and the Local Government Entities under Minnesota Statutes, Chapter 469, to undertake activities to promote economic development within their respective jurisdictions. Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own behalf and on behalf of the Local Government Entities, will initially enter into an agreement with MCCD in substantially the form attached hereto as Exhibit A (the "Agreement") to engage MCCD to operate the Program within Dakota County. The CDA and each of the Local Government Entities will make payments to MCCD as described in Exhibit A of the Agreement. The CDA may from time to time execute and deliver documents amending, modifying or extending the Agreement as it deems necessary or convenient, provided, that no such document will adversely affect services provided to, or amounts payable by, any Local Government Entity without the prior written consent of such Local Government Entity. Section 4. Limited Liability. Neither the CDA nor the any of the Local Government Entities shall be liable for the acts or omissions of the other in connection with the activities to be undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby indemnifies the Local Government Entities for costs associated with claims made against the Local Government Entities directly relating to actions taken by the CDA, and (b) each Local Government Entity hereby indemnifies the CDA for costs associated with claims made against the CDA directly relating to actions taken by such Local Government Entity. Nothing herein shall be deemed a waiver by the indemnifying party of the limits on liability set forth in Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on behalf of the indemnified party, any amounts in excess of the limits on liability set forth in Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA and each of the Local Government Entities, to the best of its knowledge, represents and agrees that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the CDA or any Local Government Entity shall be personally liable with respect to any default or breach by any of them or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. 2 Joint Powers Agreement Section 6. Term; Distribution of Property. The term of this Agreement shall expire on December 31, 2021. There is no property which will be acquired by the CDA or any Local Government Entity pursuant to the Program which would need to be distributed at the end of the term hereof. Section 7. Notices and Demands. A notice, demand or other communication under this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the person and at the addresses identified on each signature page hereto, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. [Remainder of page intentionally left blank] 3 Joint Powers Agreement IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this Agreement to be duly executed in their respective names and behalf as of the date first above written,with actual execution on the dates set forth below. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Dated: By Its Executive Director Notice Address: Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Lisa Alfson, Director of Community and Economic Development S - 1 Joint Powers Agreement APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY Dated: By Its By Its Notice Address: 7100 147th Street W. Apple Valley, MN 55124 Attn: S - 6 Joint Powers Agreement Exhibit A Contract for Services for the Open To Business Program A- 1 Joint Powers Agreement Contract for Services for the Open To Business Program THIS AGREEMENT is dated March 2, 2021, and is between the Dakota County Community Development Agency("CDA") and Metropolitan Consortium of Community Developers, a Minnesota nonprofit corporation("MCCD"). WHEREAS, the CDA, on behalf of itself and the 11 political subdivisions of the State of Minnesota listed on Exhibit A here to (the "Local Government Entities"), which each have powers with respect to a city with a population over 10,000 (collectively the "Municipalities"), wishes to engage MCCD to render services under the model known as "Open To Business," an initiative providing small business technical assistance and capital to existing businesses and residents and other parties interested in opening a business within Dakota County(the "County") (the "Initiative"); and WHEREAS, MCCD has successfully provided the services required to administer and carry out the Initiative in Dakota County from 2013 —2021; and WHEREAS,pursuant to CDA Resolution No., adopted on (the "Resolution"), the CDA is authorized to enter into this agreement with MCCD for the Initiative; and WHEREAS,pursuant to the Resolution and certain joint powers agreements to be entered into between the CDA and the Local Government Entities "the "Joint Powers Agreements"), the CDA will act as fiscal agent for the Local Government Entities in connection with this Agreement; and WHEREAS, the CDA will pay from its own funds 50% of the fee charged by MCCD for the Initiative in the Municipalities and 100% of the fee charged by MCCD for the Initiative in the small cities and townships within the County with populations less than 10,000 residents ("Small Cities and Townships"), as further described herein and in Exhibit A; and WHEREAS,pursuant to the Joint Powers Agreements, the Local Government Entities will be required to pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A, representing the remaining 50% of the fee charged by MCCD for the Initiative in the Municipalities. Now therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows" TIME OF PERFORMANCE The term of this Agreement and the period during which MCCD will provide services hereunder will commence upon the first day of January 2022, and automatically renew January 1, 2023. This agreement will terminate on December 31, 2023, subject to earlier 1 termination as provided herein. MCCD will perform services necessary to carry out the Initiative as promptly as possible, and with the fullest due diligence. COMPENSATION The CDA will compensate MCCD for its services hereunder an amount equal to One Hundred Fifty Thousand Dollars ($150,000) ("Contract Amount"). The CDA will pay such amount in two equal installments, the first no earlier than March Pt and the second no earlier than September 30th, upon receipt of invoices from MCCD. Subject to the limits above,payments will be due within 15 days of receipt of the respective invoices. The portion of the Contract Amount payable from Participation Fees will be payable by the CDA only from and to the extent such Participation Fees are paid by the respective Local Government Entities. In the event a Local Government Entity does not pay the CDA its Participation Fee in amounts and by deadline described in Exhibit A, the CDA will notify MCCD, and MCCD will immediately cease the Initiative in that Municipality. Upon such termination, the Contract Amount will be reduced by an amount equal to the Participation Fee which such Local Government Entity did not pay and the amount the CDA would have paid as a matching payment. SCOPE OF SEVICES MCCD will provide technical assistance and access to capital to existing businesses, residents and those parties interested in starting a business in any of the Municipalities, Small Cities, and Townships within Dakota County as further described on Exhibit B and Exhibit C hereto, which sets forth the Dakota Open To Business Program Scope of Services. REPORTING MCCD will submit quarterly reports to the CDA in form and substance acceptable to the CDA. Reports will provide information in the agreement for County and will include a sub-report for each Municipality and each of the Small Cities and Townships Reports will include the following information: > Number of inquiries, entrepreneurs, and businesses served ➢ Hours of technical assistance provided ➢ Hours of dedicated program(including but not limited to—city initiatives,program outreach, public events, city meetings,research, client follow-up, general inquiries) ➢ Type of business/industry ➢ Annual sales revenue > Number of businesses opened 2 > Number of businesses expanded/stabilized > Number and amount of financing packages > Demographic information on entrepreneurs > Business city and/or resident city The required reporting schedule is as follows: 1st quarter January—March, report due April30tn 2nd quarter April—June, report due July 31 st 3rd quarter July— September, report due October 31 st 4th quarter October—December, report due January 31 st In addition to the foregoing, MCCD will provide additional reports as reasonably requested by the CDA or Local Government Entities. Client confidentiality being a core component of the service model, MCCD will not typically report specific client/business information in its regular reporting, However, where permission from the client, MCCD will produce profiles of successful clients for publication dissemination and media release. PERSONNEL MCCD represents that it has, or will employ or contract for, at its own expense, all personnel required to perform the services necessary to carry out the Initiative. Such personnel will not be employees of, or have any contractual relationship with, the County, the CDA, or any of the Local Government Entities.No tenure or any other rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation pay, severance pay, or any other benefits available to County, CDA, or any of the Local Government Entities' employees shall accrue to MCCD or employees of MCCD performing services under this Agreement. MCCD is an independent contractor. All of the services required to carry out the Initiative will be performed by MCCD and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. Natalie Mouislo shall be the dedicated MCCD Initiative advisor for the County, CDA, and Local Government Entities for the duration of this Agreement. If there are material' changes to Ms. Mouilso's position with MCCD during the time of this Agreement, the CDA will be informed by MCCD immediately. 1 Material is defined as any event or events that would prohibit Ms.Mouislo from being the full-time Initiative Advisor for Dakota County. 3 USE OF CDA OFFICE SPACE The CDA will make available a cubicle space for MCCD personnel at the CDA office building for use by MCCD in carrying out the Initiative. MCCD personnel will have access to the CDA meeting rooms, wireless internet services, copy machines, and printers. MCCD personnel shall comply with all CDA office rules and policies regarding the use of CDA office space, equipment, and internet access. If the CDA, in its sole direction, determines that MCCD personnel has failed to comply with CDA office rules and policies, MCCD personnel will be required to vacate the CDA office and the CDA will cease to provide MCCD office space to carry out the Initiative. INTEREST OF MEMBERS OF THE CDA AND OTHERS No officer, member, or employee of the CDA and no member of its governing body, and no other public official or governing body of any locality in which the Initiative is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Initiative, will participate in the decision relating to this Agreement which affects he/she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement. ASSIGNABILITY MCCD will not assign any interest in this Agreement and will not transfer any interest in the same without the prior written approval of the CDA. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal laws, statutes, and applicable regulations of the State of Minnesota and the ordinances of the Local Government Entities. INSURANCE General Terms. In order to protect itself and to protect the CDA under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain a policy of Professional Liability (PL) insurance covering the term of this Contract. Such policy of PL insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of,the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy of insurance shall contain a clause providing that such policy shall not be cancelled by the issuing insurance company without at least 30 days' written notice to the CDA of intent to cancel. Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates of such policies of insurance with the CDA. Failure to Provide Proof of Insurance. The CDA may withhold payments or immediately terminate this Contract for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. INDEMINFICATION MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local Government Entities, and each of their respective officials, agents, volunteers and 4 employees from any liability, claims, causes of action,judgements, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of MCCD, its subcontractors, anyone directly or indirectly employed by MCCD or any if its subcontractors, and/or anyone for whose acts and/or omissions MCCD may be liable in the performance of the services required by this Agreement, and against all loss by reason of failure of MCCD to perform any obligation under this Agreement. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, portage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD is addressed or delivered personally to: Tyler Hilsabeck Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b) In the case of the CDA is addressed or delivered personally to: Lisa Alfson, Director of Community and Economic Development Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Or at such other address with respect to any party as that party may designate in writing and forward to the other as provided in this Section. MODIFICATION This Agreement may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. NON-DISCRIMATION In connection with its activities under this Agreement, MCCD will not violate any Federal or State laws against discrimination. DEFAULT AND CANCELLATION Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute in a default hereunder. If a default occurs, MCCD will have 60 days to cure any and all defaults and come into compliance with this Agreement. MCCD will immediately notify the CDA of any default. MCCD and the CDA will develop agreed upon milestones that must be met within the 60-day period to avoid cancellation of this Agreement. 5 The primary default would be the loss of Ms. Mouilso as the dedicated MCCD Initiative advisor. If Ms. Mouilso is no longer the dedicated MCCD Initiative advisor, MCCD will be expected to meet the following milestones within the 60-day period— 1. MCCD will inform the CDA within 48 hours of Ms. Mouliso's employment departure notice. 2. The name and contact information of the interim MCCD Initiative advisor for Dakota County will be shared with CDA and Local Government Entities within three business days of Ms. Mouliso's departure notice. 3. MCCD will continue to actively work with Dakota County clients on a full-time basis in the event of a default and respond to client communication in a timely manner as defined elsewhere in this Agreement. 4. MCCD will continue to track and input client data to ensure the quarterly report is accurate when generated (see REPORTING section, page 2, for details). 5. MCCD staff, including the interim MCCD Initiative advisor, will meet with CDA staff weekly(at a minimum) to provide updates on clients, Initiative work in Dakota County, etc. Local Government Entities will be invited to these meetings. 6. MCCD will continue to actively market the MCCD Initiative in the same capacity as prior to the default. 7. Hiring a new dedicated MCCD Initiative advisor for Dakota County is not expected within 60 days of the default; however, steps to securing a new, qualified, full-time MCCD Initiative advisor will occur within the 60 days. Steps taken to secure a new advisor will be regularly communicated to CDA. If a default is not remedied in 60 days, and/or the agreed upon milestones are not met within the 60 days, the CDA may cancel this Agreement in its entirety by five additional days' written notice to MCCD. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 6 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By: Tony Schertler, Executive Director Date: MCCD By: Printed Name: Elena Gaarder Printed Title: Chief Executive Officer Date: 7 Exhibit A 2022 & 2023 Local Government Entity Participation Fee Schedule Municipality Local Government Total CDA Local Government Entity Fee Share of Entity Participation Fee Fee Lakeville City of Lakeville $18,900 $9,450 $9,450 Eagan Eagan Economic Development $18,900 $9,450 Authority $9,450 Burnsville Burnsville Economic $18,650 $9,325 $9,325 Development Authority Apple Valley Apple Valley Economic $16,200 $8,100 Development Authority $8,100 Inver Grove Inver Grove Heights Economic $13,000 $6,500 $6,500 Heights Development Authority Rosemount Rosemount Port Authority $10,400 $5,200 $5,200 Farmington Farmington Economic $10,300 $5,150 $5,150 Development Authority Hastings Economic Hastings Development and $10,300 $5,150 $5,150 Redevelopment Authority South St. Paul South St. Paul Economic $10,100 $5,050 $5,050 Development Authority West St. Paul West St. Paul Economic $10,100 $5,050 $5,050 Development Authority Mendota City of Mendota Heights $5,600 $2,800 $2,800 Heights Small Cities n/a $7,550 $7,550 $0 and Townships Total $150,000 $78,775 $71,225 8 Exhibit B Dakota Open To Business Program Scope of Services Open To Business ("OTB") Technical Assistance Services MCCD will provide intensive one-on-one technical assistance to Municipalities' and Small Cities' and Townships' businesses, residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota County. MCCD will dedicate one full time staff person based in Dakota County to provide the Technical Assistance Services ("Dakota OTB Staff'). In addition, MCCD will make available the expertise of all MCCD technical and support staff in the delivery of services to Dakota Open to Business Program. Technical assistance includes,but is not limited to, the following: > Business plan development > Feasibility analysis ➢ Marketing ➢ Cash flow and other financial projection development ➢ Operational analysis ➢ City and State licensing and regulatory assistance ➢ Loan packaging, and other assistance in obtaining financing ➢ Help in obtaining competent legal advice MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various Municipality city halls or at the client's place of business. During the COVID-19 pandemic, MCCD Dakota OTB staff will only meeting clients in-person if the MCCD Dakota OTB staff are comfortable; otherwise, client meetings will be held virtually and/or on the phone. Open To Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD's Emerging Small Business Loan Program(see Exhibit C Small Business Loan Program Guidelines below). MCCD also provides it's financing in partnership with other community lenders,banks or Local Government Entities interested in making capital available to residents and/or businesses in their community. 9 EXHIBIT C Small Business Loan Program Guidelines Loan Amounts: • Up to $25,000 for start-up businesses • Larger financing packages for established businesses • Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eligible Projects: • Borrowers must be a"for-profit"business. • Business must be complimentary to existing business community. • Borrowers must have equity injection as determined by fund management. Allowable Use of Proceeds: • Loan proceeds can be used for working capital, inventory, building and equipment and general business operations. Interest Rates: • Loan interest rate is dependent on use, term and other factors, not to exceed 7%. Loan Term Length: • Loan repayment terms will generally range from three to five years, but may be substantially longer for major asset financing such as commercial property. Fees and Charges: • Borrowers are responsible for paying all customary legal and other loan closing costs. 10 • ITEM: 4.L. ..... :�. Apple ii COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Joint Powers Agreement with Dakota County for Multiple North Creek Greenway Trail Design and Construction Projects Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Approve Joint Powers Agreement with Dakota County for Multiple North Creek Greenway Trail Design and Construction Projects. SUMMARY: Staff proposes entering into a Joint Powers Agreement (JPA) to define the rights and obligations of both the City and Dakota County in regards to the construction and funding of five greenway projects. These projects will complete the North Creek Greenway from Orchard Place through Cobblestone Lake area to the C SAH 46 underpass into Lakeville. Cities tend to be better positioned to complete smaller greenway segments that are part of the development or within exiting parks. As a practice, Dakota County prioritizes projects that have a city partnership. BACKGROUND: Dakota County's North Creek Greenway Master Plan establishes a preferred alignment for the greenway and part of that plan includes trailway within Apple Valley. To complete these segments, the City will lead the design and construction and Dakota County will contribute the following through a reimbursement: • Orchard Place: trail and neighborhood gateway • Quarry Point Park: completion of trail connection through the park • Cobblestone Lake West: completion of connection to west side of Cobblestone Lake • Cobblestone Lake Loop: reconstruction of a portion of the lake loop designated as the regional greenway • Cobblestone Lake East: completion of connection to CSAH 46 underpass The agreement will terminate with the completion or December 31, 2023. A Supplemental Maintenance Agreement will be prepared prior to Dakota County assuming ongoing maintenance and operations of the project areas. Other past Apple Valley collaboratives with Dakota County have included: • Apple Valley led design and construction of the reconstructed trail along Johnny Cake Ridge Road. Dakota County helped fund water quality and trail improvement. • Apple Valley led design and construction of the 157th underpass project as part of the extension of 157th Street. Dakota County assisted in the federal grant preparation and provided the local 20% match for the grant. • Dakota County led design and construction of the Minnesota Zoo bridge and trail. City of Apple Valley provided necessary right of way along Zoo entrance road. BUDGET IMPACT: Total cost of all projects covered by the JPA is estimated at $1,379,550, of which, the City's portion equates to approximately $366,110 which would break down as $203,000 from Park Dedication, $30,000 carryover from the 2021 Park Maintenance Budget, and $133,110 from the Future Project Capital Fund as the recommended funding sources. Estimate City County Developer 1 Orchard Place Trail $486,000 $97,200 $388,800 Orchard Place Plaza $150,000 $50,000 $50,000 $50,000 2 Quarry Point Park Trail $203,820 $40,764 $163,056 3 Cobblestone Lake West $75,330 $15,066 $60,264 4 Cobblestone Lake $175,500 $105,300 $70,200 Reconstruction 5 Cobblestone Lake East $288,900 $57,780 $231,120 Total $1,379,550 $366,110 $963,440 $50,000 ATTACHMENTS: Agreement JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF APPLE VALLEY FOR THE CONSTRUCTION OF NORTH CREEK GREENWAY PROJECTS AND ONGOING MAINTENANCE WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County ("County") is a political subdivision of the State of Minnesota; and WHEREAS, the City of Apple Valley("City") is a Minnesota municipal corporation; and WHEREAS,the County agreed to provide funding for the construction for five projects that will complete the North Creek Greenway from Orchard Place through Cobblestone Lake to the County State Aide Highway (CSAH) 46 underpass into Lakeville (see Attachments A-B); and WHEREAS,the City will lead design and construction of the projects; and WHEREAS,the City has land control over four of the areas required for the trail projects, and the County has land control over the remaining fifth area. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City (the "Parties") shall derive from this joint powers agreement ("Agreement"), the Parties hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the County and the City for construction and cost contribution related to the following projects that will complete the North Creek Greenway from Orchard Place through Cobblestone Lake to the County State Aide Highway(CSAH)46 underpass into Lakeville. These projects are: 1. Orchard Place: trail and neighborhood gateway plaza("Orchard Place Project"). 2. Quarry Park: completion of trail connection through the park 1("Quarry Park Project"). 3. Cobblestone West: completion of trial connection to west side of Cobblestone Lake ("Cobblestone West Project"). 4. Cobblestone Lake Loop: reconstruction of portion of lake loop designated as the regional greenway ("Cobblestone Lake Loop Project"). 5. Cobblestone East: completion of connection to CSAH 46 underpass ("Cobblestone East Project"). 1 The plaza portion of the Orchard Place Project is addressed separately in Article 8. ARTICLE 2 TERM This Agreement shall be effective on the date of the signature of the last party to sign this Agreement ("Effective Date") and expires on December 31, 2023, or upon completion of the respective obligations under this Agreement,whichever occurs first,unless amended in writing or earlier terminated by law or according to the provisions of this Agreement. ARTICLE 3 COOPERATION The Parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any disputes in an equitable and timely manner. ARTICLE 4 DEFINITIONS 4.1 Actual Construction Cost. The total of all payments made to contractors(s)to complete the projects. 4.2 Administrative Cost. The total of all payments or expenses incurred to design, bid (if necessary), award and manage construction contracts, and inspect the progress and completion of the projects. ARTICLE 5 COUNTY OBLIGATIONS 5.1 Cost Contribution Amounts. The County shall reimburse the City for Actual Construction Costs incurred for the five greenway projects in an amount not to exceed Nine Hundred Sixty-Three Thousand Four Hundred Forty Dollars and 00/100($963,440.00). In the event Actual Construction Costs exceed or are reasonably anticipated to exceed the above-stated amount, the County shall request board approval for additional funding. 5.2 Reimbursement by County. A. Subject to 5.2 B,the County shall reimburse the City within 35 days of receiving a City's invoice for Actual Construction Cost. B. If any portion of an invoice is questioned by the County, the remainder of the invoice shall be promptly paid and accompanied by a written explanation of the amounts in question. Payment of any amount in question will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 2 5.3 Net Reductions in Construction Costs. All net reductions in Actual Construction Cost below the estimated construction cost for each project due to bids, change orders, or other cost saving conditions shall reduce the County's contribution so that for every dollar reduction in Actual Construction Costs,the County's contribution amount shall be reduced by a dollar. City shall provide County with all documentation evidencing reductions or increases in actual construction costs at the County's request. 5.4 Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Actual Construction Cost must be approved by both Parties prior to execution of work. 5.5 Right to Refuse.The County may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the County from questioning the propriety of the claim. Payment of a claim is not a waiver, admission, release, ratification, satisfaction, accord, or account stated by the County ARTICLE 6 CITY OBLIGATIONS 6.1. Design and Administration. The City shall design and prepare the plans and specifications, bid (if necessary), award and manage the contracts and construction of the projects. 6.2. Administrative Cost.The City shall be responsible for the Administrative Cost, excluding any direct or indirect cost or expense incurred by the County in completing the projects. 6.3. Invoicing the County. On the last day of each month the City shall submit to the County itemized invoices of Actual Construction Cost. The City must certify that the requested reimbursements are accurate, appropriate and that such expenditures have not been previously reimbursed at the time of submission to the County for reimbursement. 6.4 Approval of Change Orders. Any change orders or supplemental agreements that affect a project's cost, scope, or cost participation must be approved by both parties prior to execution of work. City shall provide proposed change orders or supplemental agreements to the County to allow for timely approval of change orders and supplemental agreements so as not to delay construction. 6.5 Acknowledgement. The City shall appropriately acknowledge the funding assistance provided by the County pursuant to this Agreement in any promotional materials, signage, reports, publications, notices, and presentations concerning the Projects. 6.6 Use of Contractors. The City may engage contractors to perform activities funded pursuant to this Agreement. However,the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. 3 6.7 Compliance with Laws/Standard.The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, codes, and regulations relates to the design and construction of the work anticipated by this Project. The City will lead design and construction of the Project and shall be responsible for awarding contracts for the design and construction of the Projects. . ARTICLE 7 MAINTENANCE For a period of two(2)years after completion and acceptance of the projects,the City shall assume routine maintenance and operational responsibilities over the project areas, including routine snow removal, sweeping, and vegetation management. After said two year period, the City and the County contemplate executing a supplemental maintenance agreement concerning ongoing maintenance and operational responsibilities between the Parties. In lieu of future agreement,the County shall assume full maintenance and operational responsibilities after the two year period. ARTICLE 8 PLAZA The City shall design and construct a plaza adjacent to the trail being constructed as part of the Orchard Place Project. The County shall contribute Fifty-Thousand Dollars toward the Actual Construction Cost of the plaza. The County shall pay the City pursuant to Section 5.2. If construction of the plaza is not completed at the time of this Agreement's expiration, the Parties shall execute an amendment extending the term herein. ARTICLE 9 INSURANCE Each party to this Agreement shall be solely liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees, or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the City. Each Party warrants that it has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. City agrees to require all contractors or subcontractors hired to do any of the work contemplated by this Agreement to maintain commercial general liability insurance in amounts consistent with minimum limits of coverage established under Minn. Stat. § 466.04 during the term of such activity. All insurance policies shall name City and County as additional insureds. City agrees to promptly provide County copies of any insurance policy related to this Agreement upon the County's request. 4 ARTICLE 10 REPORTING,ACCOUNTING,AND AUDITING REQUIREMENTS 10.1 Accounting Records. The City agrees to establish and maintain accurate and complete accounts, financial records, and supporting documents relating to the receipt and expenditure of the funding provided in accordance with this Agreement. Such accounts and records shall be kept and maintained by the City for a minimum period of 6 years following the expiration of this Agreement. City agrees to promptly provide the County copies of any accounting records related to this Agreement upon the County's request. 10.2 Auditing. The City shall maintain books, records, documents, and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the City shall allow the County,Legislative Auditor, or the State Auditor to inspect, audit, copy, or abstract all the books, records, papers, or other documents relevant to this Agreement. The City shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all such books, records, documents, and other evidence for a period of 6 years from the date of the completion of the activities funded by this Agreement. ARTICLE 11 AUTHORIZED REPRESENTATIVES AND LIAISONS 11.1 Authorized Representatives. The following individuals are designated the Authorized Representatives of the parties for purposes of this Agreement. All notice shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Steven C. Mielke Director of Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Eric Carlson Director of Parks &Recreation Department 7100 147th St. W. Apple Valley, MN 55124 11.2 Notification to County Attorney. In addition, notification to the County regarding termination or breach of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 11.3 Liaisons. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, the following individuals are designated liaisons: 5 County Liaison: Jeff Bransford, Senior Project Specialist Telephone: (952) 891-7168 Email: jeff.bransford@a co.dakota.mn.us City Liaison: Eric Carlson, Director of Parks & Recreation Department Telephone: (952) 953-2310 Email: eric.carlson@applevalleymn.gov 11.4 The parties shall provide written notification to each other of any change to the designated Liaison or Authorized Representatives or the appointment of any additional designated liaisons or authorized representatives. Such written notification shall be effective to change the designated Liaison or Authorized Representative under this Agreement, without necessitating an amendment of this Agreement. ARTICLE 12 MODIFICATION Any material alterations, amendments, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties' respective Board or Council, and signed by the Authorized Representatives of the County and the City. ARTICLE 13 TERMINATION Prior to the awarding of contract(s) to complete the projects, e ither party may terminate this Agreement by giving 60 days' written notice of its intent to terminate to the other party. Such notice to terminate shall specify the circumstances warranting termination of the Agreement. Termination of this Agreement shall not discharge any liability, responsibility or right of any party,which arises from the performance of or failure to perform the terms of this Agreement prior to the effective date of termination. ARTICLE 14 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement, or its breach shall be venued exclusively in Dakota County, Minnesota. ARTICLE 15 MERGER 15.1 Final Agreement. This Agreement is the final expression of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon and shall supersede all 6 prior negotiations, understandings, or agreements. No other understanding regarding this Agreement, whether written or oral may be used to bind either party. 15.2 Exhibits. The following Exhibits are incorporated and made a part of this Agreement: Attachment A- Map showing locations of the five greenway projects Attachment B- Spreadsheet of funding and contribution for each greenway project ARTICLE 16 SEVERABILITY The provisions of this Agreement are severable.If any provision of this Agreement is void,invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement unless the void, invalid, or unenforceable provision substantially impairs the value of the entire Agreement with respect to either party. ARTICLE 17 WAIVER Any waiver is only valid when reduced to writing, specifically identified as a waiver, and signed by the waiving party or if permissible, by its Authorized Representative, A waiver is not an amendment to the Agreement. Failure to enforce any provision of this Agreement shall not result in a waiver of the right to enforce the same or another provision of this Agreement. ARTICLE 18 RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative, or employee of the City in the performance of this Agreement or the projects. Personnel of the City engaged in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation,rights,or benefits of any kind whatsoever from the County.Personnel of the County engaged in the performance of this Agreement shall not be considered employees of the City and shall not be entitled to any compensation,rights,or benefits of any kind whatsoever from the City. ARTICLE 19 SURVIVORSHIP The following provisions under this Agreement survive after the termination or expiration of this Agreement: Section 6.5 (Acknowledgement); Article 9 (Insurance); Article 10 (Reporting, Accounting, and Auditing); Article 14 (Minnesota Law to Govern); Article 15 (Merger); Article 16 (Severability); Article 17 (Waiver); and Article 18 (Relationship of the Parties). 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF APPLE VALLEY By Clint Hooppaw, Mayor Date of Signature By Pamela Gackstetter, City Clerk Date of Signature Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. 21-422 By Steven C. Mielke Physical Development Director Date of Signature Dakota County Attorney's Office Approved as to Form Dakota County Judicial Center 1560 Highway 55 By: Hastings, MN 55033 Date of Signature 651-438-4438 KS-2021-00421 8 ' � S • l,L,c. North Creek Greenway r, . _-,.k• - . ' ' :i-1 {• t.6 I cy • , r t, Collaborative ' iry ._ I �! � ' ��' ... '!' � art* { � , � 'i : Apple Valley South ...i : .• „j_l_ . .,,. . • ` ' . " iSH42 . 1r , ` 7 '• • • dri%. Existing Local/Future Regional : • '-- Future CSAH 42 III �_ .Y . �� ' tb Regional Trail Gap - Planned # '_ Underpass i . _ 'w _ Y=: `[,� Lim - ' r- .ya x �;Y,,. f •. "ff _` , .* Existing Separated Crossing {- ., • s • • - , .. 's3' g •: *' Planned Separated Crossing l a2. � * . ,. r° -1, , •t 4 I F 1 ` `� # A. • l I. 0 0.125 0.25 0.5 Q :'." *. ', Future 157/155th • , _79 ,,: { I `- a r '• Miles y Underpass41 ' ria� y • f. � ' '- ': 1 ' -- ; .. 7 . . Future JCCR .s APPLE �IALLEY.':'. , . i:. '� I = r#'4 . , ' ... .'• i is �Y } • Underpass .. ,EF = ' i , : '` ' ~' • z � •� R yiry' .r1M'rM_ �. • ' 4 + AIM ` �I # _ .fir. —_-- -• � � _ � *, 'y • • ill • • :•,....t .. '' - • j- r. k - 4. �: . 1.) Orchard Place �. 0..w.:}ifill!.,rjn #lr4 ;. . :r • 1,: .'. _� ° *' '• J . . ',r i.. Trail & Plaza s r. ,.. 1L ' 'e'i`'°' 19 . ,�.P�„F,/�. f 'ill, .r11 +`'! , .7• ,� •Y _T.C'- 11b' 'I;}_•1_a aF.{1 :2a 4 . :; - - -•R� 1, i _..l. t - - `r 1. • 1. +� '" `' x �' a- " 4 , '; • • ti.1 r._i 4 • ` • ti• 4.) Cobblestone "4 x. I 'l• ""— Lake - Reconstruction �•- I , i . , - iM.:. .s. ;i.-,,i_ .. _ . ■ � t I _ :i' - V�' _441,04. :Li i ' -- .... ..z.r,,,.•-:- ,._.1 ; - '''. ..._ . _ _ , . - -__ Fit '7R r_.. I /.::, , .... . ..:.j,.. 8, . 5:144*,4,0, ...• I ... a.r }f , .7t.- ".•:::. �06 ' '* e1 w.:. I cRitig'I-!,...1.:--i,... , '' ,..1,617 . % t tlii. 14 V- . r.r 4-. Pir.c P d1.- ,4. I . r,. .1' 4 1 : N.. sar4400 . . -.1 I . r . .. 01,'I" ...ii1-1,0e.-i.t..., .., ,, .1 r:::. ;: ..41. tZ:.'. .-:7,......-i;•,•..,"...,/- i 'a• 'erg% i ' ' .a62 ._ •,I ' �� r • ~`w 5.) Cobblestone , .. ;` IIII " # CSAH . , ". -, r . ' . i: ." . . '• ,•,."` , ? It: . : . .�... Lake - East % ,* .. -=-----=1'*.—f,,..,'L..-.L...-ri...—'..:r r.......I•..,-..•'.—....1I t..•.-•,tit.."i. '"e7rt...*.:..7a.i..:1/4:.....;1.•1:1'..7-",1.—,0'.%•.:-;9.-.-:... -1-. —'1 1:.-1-.—i.'.7-.L.-C:—•:'J•' :$.a• 2.) Quarry Park ---—--=-------- -----`-_------ -"4---- — V. .:4, J - ' . . 5 r + Trail Gap t" - y 3.) Cobblestone _ �- -_ 4. i L ., ,! , .. x .* F4:,1 -. 4 +`..= C ' ° - Lake West i fi + Xla y ; # , }-E. 'V- . - ,; . , ": I _ a. "exr'k - "J R>v i ,�4�irm_ } u � * Ai'a-__ 4 Estimate City County Developer Total 1 Orchard Place Trail 486,000 97,200 33SSS00 486,000 Orchard Place Plaza 150,000 50,000 50,000 50,000 Pr 150,000 2 Quarry. Park Trail 203,820 40,764 163,056 203,820 3 Cobblestone Lake West 75,130 15,066 60..264 75,330 4 Cobblestone Lake Reconstruction 175,500 105,300 ir 70,200 175,500 5 Cobblestone Lake East 288,900 57,780 231,120 288,900 Total 1,379,550 366,110 963,440 50,000 1,37),550 Attachment B • ITEM: 4.M. ..... :�. Apple ii COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Agreement with Microsoft for Enterprise Licensing through SHI International Corporation Staff Contact: Department/ Division: Nathan Bang, IT Manager Administration/ Information Technologies ACTION REQUESTED: Approve agreement with Microsoft for a three-year Enterprise Licensing subscription through SHI International Corp., in the annual amount of $126,982.95 (for a total three-year cost of $380,948.85), subject to final revisions and changes as approved by the City Administrator and City Attorney. SUMMARY: Microsoft software plays a critical role in the operations of all City computers, servers, and networks. The City's prior agreement for Microsoft licensing focused mainly on limited on- premises office productivity solutions. Expanded on-premises and cloud-connected software applications provide enhanced features broadening application capabilities, accessibility, and security. BACKGROUND: Microsoft software plays a critical role in the operations of all City computers, servers, and networks. Historically, the City has licensed software products from Microsoft to operate desktops, laptops, and server operating systems, as well as provide key solutions for file and print services, directory and security management, email and database management, and office productivity suites. Prior licensing implementations have focused on per device licensing. However, recent changes in product adoption, utilization, and increased mobile and hybrid work arrangements warrant a shift towards user-based licensing, as well as taking advantage of secure cloud connected application functionality. This modern license subscription will enhance employees'productivity through improved product capabilities, streamlined collaboration and communications, secured storage and access options, along with additional apps and features. This license subscription also extends additional management and security controls to IT for improved deployment and management of software and hardware, allowing for improved authentication and identity management across the enterprise. This enterprise license subscription was discussed and prioritized during the 2021 City Council goal setting session. This agreement and pricing has been negotiated and is made available to local government as part of the Master Agreement with the State of Minnesota. Staff recommends approval of this three-year agreement with Microsoft for Enterprise Licensing subscription, through reseller SHI, in the annual amount of $126,982.95 (paid annually, for a total three-year cost of$380,948.85). BUDGET IMPACT: The project was anticipated and planned for in the 2021-2023 Information Technologies budget. ATTACHMENTS: Agreement Agreement Exhibit Exhibit Quotation IrA Microsoft Volume Licensing Program Signature Form MBA/MBSA number Agreement number 5603385 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution,or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code Enterprise Enrollment Indirect X20-10635 Product Selection Form 1140306.003 PSF By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Customer Name of Entity(must be legal entity name)* City of Apple Valley, MN Signature* Printed First and Last Name* Clint Hooppaw Printed Title Mayor, City of Apple Valley Signature Date* Tax ID 9362478 *indicates required field Microsoft Affiliate Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883 Optional 2nd Customer signature or Outsourcer signature (if applicable) Customer Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Pam Gackstetter Printed Title City Clerk Signature Date* *indicates required field Outsourcer Name of Entity(must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s)with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6880 Sierra Center Parkway Reno, Nevada 89511 USA ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883 Microsoft Volume Licensing Enterprise Enrollment State and Local Enterprise Enrollment number Framework ID (Microsoft to complete) 69759817 (if applicable) Previous Enrollment number (Reseller to complete) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or(3)a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 1 of 10 Document X20-10635 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2)only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program)("Industry Program"). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally(in a physical or virtual operating system environment), or(2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2)an Industry Device, or(3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 2 of 10 Document X20-10635 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 3 of 10 Document X20-10635 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or(2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate EA20201 EnrGov(US)SLG(ENG)(Oct2019) Page 4 of 10 Document X20-10635 may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. (vii)Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D"throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate's prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 5 of 10 Document X20-10635 Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 6 of 10 Document X20-10635 to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. CD\)4 1(11V Cor AC.)\ • Z‘ \ EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10 Document X20-10635 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies,or departments,or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: ❑x Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates /1 ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. -a) Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity(must be legal entity name)* City of Apple Valley, MN Contact name* First Nathan Last Bang Contact email address* nathan.bang@applevalleymn.gov Street address* 7100 147th St W City*Apple Valley State* MN Postal code* 55124-7519 (Please provide the zip +4, e.g. xxxxx-xxxx) Country* United States Phone* 952-953-2514 Tax ID 9362478 *indicates required fields b. Notices contact and Online Administrator. This contact(1)receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 8 of 10 Document X20-10635 ❑x Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Nathan Last Bang Contact email address* nathan.bang@applevalleymn.gov Street address* 7100 147th St W City*Apple Valley State* MN Postal code* 55124-7519 (Please provide the zip +4, e.g. xxxxx-xxxx) Country* United States Phone* 952-953-2514 Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. *indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. Same as notices contact and Online Administrator(default if no information is provided below, even if box is not checked) Contact name*: First Nathan Last Bang Contact email address* nathan.bang@applevalleymn.gov Phone* 952-953-2514 ❑This contact is from a third party organization(not the entity). Warning: This contact receives personally identifiable information of the entity. *indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SHI International Corp. Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State* NJ Postal code* 08873-4145 Country* United States Contact name*Amanda Bongiovi Phone* 1-888-764-8888 Contact email address* msteam@shi.com *indicates required fields By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* *indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 9 of 10 Document X20-10635 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following,attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager(CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, Il No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. CD\)4 NDIC(0,1)4 AC.)\ (Z‘ \ EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 10 of 10 Document X20-10635 Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Proposal ID Enrollment Number 1140306.003 Language: English(United States) Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order: Profile Qualified Qualified Users Device/User Enterprise Product Platform CAL Licensing Model Devices Ratio Enterprise 250 250 1.0 No User Licenses Products Enterprise Quantity Microsoft 365 Enterprise Microsoft 365 E3 USL 250 Enrolled Affiliate's Product Quantities: Price Group 1 2 3 4 Enterprise Products Office Professional Plus+Office Client Access License+ Client Access License Win E3+Win E5+ 365 ProPlus+Office 365(Plans Office 365(Plans El,E3 +Windows Intune+ Win VDA+Microsoft E3 and E5)+Microsoft 365 and E5)+Microsoft 365 EMS USL+Microsoft 365 Enterprise Enterprise Enterprise 365 Enterprise Quantity 250 250 250 250 Enrolled Affiliate's Price Level: Product Offering/Pool Price Level Enterprise Products and Enterprise Online Services USLs:Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D Additional Product Application Pool:Unless otherwise indicated in associated contract documents,Price level set using quantity from Group 1. D Additional Product Server Pool:Unless otherwise indicated in associated contract documents,Price level set using the highest quantity from Group 2 or 3. D Additional Product Systems Pool:Unless otherwise indicated in associated contract documents,Price level set using quantity from Group 4. D NOTES Unless otherwise indicated in the associated contract documents,the price level for each Product offering/pool is set as described above,based upon the quantity to price level mapping below: CTM EA-EASProdSelForm(WW)(ENG) Page 1 of 2 Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Quantity of Licenses and Software Assurance Price Level 2,399 and below A 2,400 to 5,999 B 6,000 to 14,999 C 15,000 and above D Note 1:Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. Note 2:If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool,the price level for Additional Products in the same pool will be price level"A"throughout the term of the Enrollment.Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling. CTM EA-EASProdSelForm(WW)(ENG) Page 2 of 2 Enterprise Online Services Product Description Part Number Future Monthly - Enterprise Online Services M365 E3 GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr ;:.AD-34704 Additional Products Product Description Part Number True-Ups SQLSvrStdCore ALNG LicSAPk MVL 2Lic CoreLic 7NQ-00302 WinSvrDCCore ALNG LicSAPk MVL 16Lic CoreLic 9EA-00271 WinSvrSTDCore ALNG LicSAPk MVL 16Lic CoreLic 5EM-00265 Additional Online Products Product Description Part Number Online Services M365 F3 GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr AAD-63092 Pricing Proposal Quotation#: 21268762 144.4111116- Created On: 11/15/2021 Valid Until: 12/15/2021 City of Apple Valley Senior Inside Account Executive Nathan Bang David Vieira 7100 West 147th St 290 Davidson Ave. Apple Valley, Minnesota 55124 Somerset, NJ 08873 UNITED STATES Phone:732-652-7647 Phone: (952)953-2514 Fax: 732-507-1538 Fax: Email: David_Vieira@shi.com Email: nbang@ci.apple-valley.mn.us All Prices are in US Dollar(USD) Product Qty Your Price Total 1 M365 G3-GCC Unified Shared Server-(1 Year)Per User-Enterprise Agreement 250 $356.00 $89,000.00 Microsoft-Part#:AAD-34704 Note:Year 1 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 2 M365 F3-GCC Unified Shared Server-(1 Year)Per User-Enterprise Agreement 75 $85.00 $6,375.00 Microsoft-Part#:AAD-63092 Note:Year 1 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 3 Microsoft SQL Server Standard Core Edition License&Software Assurance- 2 $2,735.78 $5,471.56 Enterprise Agreement Microsoft-Part#: 7NQ-00302 Note:Year 1 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 4 Microsoft Windows Server Standard Edition-16 Core license&Software Assurance 4 $662.26 $2,649.04 -Enterprise Agreement Microsoft-Part#: 9EM-00265 Note: Year 1 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 5 Microsoft Windows Datacenter Edition -16 Core license&Software Assurance- 5 $4,697.47 $23,487.35 Enterprise Agreement Microsoft-Part#: 9EA-00271 Note:Year 1 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 6 M365 G3-GCC Unified Shared Server-(1 Year) Per User-Enterprise Agreement 250 $356.00 $89,000.00 Microsoft-Part#:AAD-34704 Note:Year 2 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 7 M365 F3-GCC Unified Shared Server-(1 Year)Per User-Enterprise Agreement 75 $85.00 $6,375.00 Microsoft-Part#:AAD-63092 Note: Year 2 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 8 Microsoft SQL Server Standard Core Edition License&Software Assurance- 2 $2,735.78 $5,471.56 Enterprise Agreement Microsoft-Part#: 7NQ-00302 Note:Year 2 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 9 Microsoft Windows Server Standard Edition-16 Core license&Software Assurance 4 $662.26 $2,649.04 -Enterprise Agreement Microsoft-Part#: 9EM-00265 Note:Year 2 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 10 Microsoft Windows Datacenter Edition -16 Core license&Software Assurance- 5 $4,697.47 $23,487.35 Enterprise Agreement Microsoft-Part#: 9EA-00271 Note:Year 2 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 11 M365 G3-GCC Unified Shared Server-(1 Year)Per User-Enterprise Agreement 250 $356.00 $89,000.00 Microsoft-Part#:AAD-34704 Note:Year 3 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 12 M365 F3-GCC Unified Shared Server-(1 Year)Per User-Enterprise Agreement 75 $85.00 $6,375.00 Microsoft-Part#:AAD-63092 Note:Year 3 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 13 Microsoft SQL Server Standard Core Edition License&Software Assurance- 2 $2,735.78 $5,471.56 Enterprise Agreement Microsoft-Part#: 7NQ-00302 Note: Year 3 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 14 Microsoft Windows Server Standard Edition-16 Core license&Software Assurance 4 $662.26 $2,649.04 -Enterprise Agreement Microsoft-Part#: 9EM-00265 Note:Year 3 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement 15 Microsoft Windows Datacenter Edition -16 Core license&Software Assurance- 5 $4,697.47 $23,487.35 Enterprise Agreement Microsoft-Part#: 9EA-00271 Note:Year 3 of 3-New Enterprise Agreement Enrollment Under the MN Master Agreement Subtotal $380,948.85 Total $380,948.85 Additional Comments Please note, if Emergency Connectivity Funds(ECF)will be used to pay for all or part of this quote, please let us know as we will need to ensure compliance with the funding program. Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations. Thank you for choosing SHI International Corp!The pricing offered on this quote proposal is valid through the expiration date listed above.To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at(888)744-4084. SHI International Corp. is 100%Minority Owned,Woman Owned Business. TAX ID#22-3009648;DUNS#61-1429481;CCR#61-243957G;CAGE 1HTFO The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions, unless a separate resale agreement exists between SHI and the Customer. • ITEM: 4.N. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Agreement with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO for Fireworks Display on February 5, 2022 Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Approve the agreement with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO in the amount of $8,000, to provide fireworks display services on February 5, 2022; subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department. SUMMARY: RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO has submitted a proposal for the 2022 Mid-Winter Fest fireworks display. Staff has reviewed the proposal and recommends an agreement retaining their services, contingent on their ability to obtain the applicable permit from the Apple Valley Fire Marshal. BACKGROUND: The annual Mid-Winter Fest celebration is being revamped in 2022 and the fireworks display will be a great way to end the winter celebration. Staff recommends an agreement with RES Specialty Pyrotechnics, Inc., based on their show proposal and positive past performances in Apple Valley, as well as other area communities. An Application for Fireworks/Pyrotechnic Display is being completed by RES Specialty Pyrotechnics, Inc., dba RESPYRO and the City of Apple Valley Fire Marshal will issue a Permit upon review and approval. One of the requirements is proof of a current certificate for their supervising operator. BUDGET IMPACT: $8,000 funding allocated within the 2022 budget. ATTACHMENTS: Agreement \Ili,* RES PYRO� ilit DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 10th day of December, 2021 between RES Pyro hereafter referred to as the SELLER and City of Apple Valley, hereafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Outdoor Fireworks Display Date(s) Saturday, February 5, 2022 Time TBD Duration 15-20 minutes Location Johnny Cake Ridge Park—West, Apple Valley, MN Event Sponsor City of Apple Valley OBLIGATIONS OF SELLER: SELLER shall provide all materials, equipment and personnel necessary to perform the above-mentioned display. SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2010 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2006 edition. SELLER shall provide a Certificate of Liability Insurance in the amount of$5,000,000.00 to cover the fireworks display and cleanup. BUYER shall be listed as Certificate Holder on the Certificate of Liability Insurance. All individuals/entities listed on the certificate of liability insurance will be deemed an additional insured per this contract. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs for security of the display site and cleanup beyond the launch area of the display site. TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. However, if before the date of the scheduled performance, the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time. In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the SELLER for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually agreeable date. 21595 286TH STREET I BELLE PLAINE,MN I P:952-873-3113 I INFO@RESPYRO.COM I WWW.RESPYRO.COM PAYMENT: Contracted amount: $8,000.00 inclusive of sales tax, if applicable. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Pyro in the form of a company check, certified bank check, money order, or cash. CANCELLATION: In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be entitled to and receive 35% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post-production costs incurred. THIS AGREEMENT is the whole agreement of the parties' above named. No representation inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly authorized officer of each party. IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below. CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS. BUYER: SELLER: Ery Haman - RES Pyro Title: Title: Director of Business Development Signature: Signature: Date: Date: 12/10/2021 • ITEM: 4.0. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Change Order No. 1 to Agreement with Wilson's Nursery, Inc., for Project 2021-112, 2021 Ash Tree Replacements, and Approve Acceptance and Final Payment Staff Contact: Department/ Division: Jessica Schaum, Natural Resources Coordinator Natural Resources Division ACTION REQUESTED: Approve Change Order No. 1 to Agreement with Wilson's Nursery, Inc., with an addition of $303.00; and accept Project 2021-112, 2021 Ash Tree Replacements as complete and authorize final payment for a contract total of$35,351.00. SUMMARY: Wilson's Nursery, Inc, has requested final payment for a contract total of$35,351.00 for the ash tree replacements project. This is the first and final payment request for Project 2021- 112. The change order is due to one more tree than originally anticipated. The contractor has met all obligations and performed services in a professional and satisfactory manner. BACKGROUND: On May 13, 2021, the City Council approved an agreement with Wilson's Nursery, Inc, to plant 103 trees around the City from boulevard ash tree removals. BUDGET IMPACT: Funds for this project were included in the 2021 Public Works Admin/Natural Resources budget. ATTACHMENTS: Final Pay Documents PAYMENT VOUCHER-Pay Request No. 1 & Final 2021 Ash Tree Replacements AV Project 2021-112 For Period Ending:6/30/21 OWNER: CONTRACTOR: City of Apple Valley Wilson's Nursery, Inc. 7100 147th Street West 5730 Yancy Ave Apple Valley, MN 55124 New Germany, MN 55367 Phone: 952-353-2762 Amount of Contract: $35,048.00 Change Order 1 $303.00 Total Amount $35,351.00 Contract Value Less Amount of Work 5 Less Net Account Per Agreement Certified Percent Previous Amount Number dated 4/22/2021 To Date Retained Payments Due PW Admin/Nat Res 1520-6249 $35,048.00 $35,351.00 $0.00 $0.00 $35,351.00 Subtotal $35,048.00 $35,351.00 $0.00 $0.00 $35,351.00 Total $35,048.00 $35,351.00 $0.00 $0.00 $35,351.00 Date: I2 '?<2I( 41/ de 1ttMr"�L/ RATNatural Resources Coordinator Date: 114. i P/ t-- / A- Af PubllcWorks hector ADMINISTRATION PW/FINANCE DATA/PAYMENT VOUCHER-PW Invoice 19523 Nurser ��.. PO Box 160 Date 06/25/2021 -,� New Germany, MN 55367 Order# 19511 952-353-2762 Terms COD Fax 952-353-2764 Request Ship 03/12/21 PO Number Sold To Ship To City of Apple Valley City of Apple Valley 7100 147th Street 7100 147th Street Apple Valley, MN 55124 Apple Valley, MN 55124 Jessica Schaum Qty Description Attr Catalog Net Price Extension Price 1 Aesculus glabra 'Ohio' 2"Cal; BB $421.00 $421.00 $421.00 18 Celtis occidentalis'Hackberry' _ 2"Cal; BB $382.00 $382.00 $6,876.00 Glenditsia triacanthos inermis var. skycole 21 2"Cal; BB $390.00 $390.00 $8,190.00 'Skyline Honeylocust' 10 Gymnocladus dioicus'Kentucky Coffeetree' 2"Cal; BB $357.00 $357.00 $3,570.00 14 Malus'Prairifire Crabapple' 2"Cal; BB $272.00 $272.00_ $3,808.00 6 Picea glauca densata'Black Hills Spruce' 6' HT; BB $250.00 $250.00 $1,500.00 6 Quercus bicolor'Swamp White Oak' 2"Cal; BB $417.00 $417.00 $2,502.00 28 Syringa reticulata 'Japanese Tree Lilac' 2"Cal; BB I $303.00. $303.00 $8,484.00 104 Total $35,351.00 A 1.5%per month service charge will be charged on ALL past due accounts Claims must be made in writing within 5 days of receipt of nursery stock No warranty as to productiveness after planting. 06/29/21 09:44 AM Page 1 of 1 Invoice ��•�•�•• Owner: City of Apple Valley,7100 W.147th St.,Apple Valley,MN 55124 Date: July 8,2021 For Period:we 6/25/2021 Request No: 1&Final Apple II Contractor: Wilson's Nursery,Inc. Valley CONTRACTOR'S REQUEST FOR PAYMENT 2021 Ash Tree Replacements Project File No.2021-112 . SUMMARY 1 Original Contract Amount $ $35,048.00 2 Change Order-Addition $ 303.00 3 Change Order-Deduction $ 0.00 4 Revised Contract Amount $ $35,351.00 5 Value Completed to Date $ $35,351.00 6 Material on Hand $ $0.00 7 Amount Earned $ $35,351.00 8 Less Retainage 0% $ $0.00 9 Subtotal $ $35,351.00 10 Less Amount Paid Previously $ $0.00 11 Liquidated damages- $ $0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 &Final $ $35.351.00 Approved by Contractor: Approved by Owner: Wilson's Nurse nc. CITY OF APPLE VALLEY / / �� &L/ — Jessica Schaum,Natural Resources Coordinator 12.2•Zoz4 Date Specified Contract Completion Date: June 4,2021 Clint Hooppaw,Mayor Date Attest:Pamela J.Gackstetter,City Clerk Request for Payment 1 Owner:City of Apple Valley,7100 W.147th St.,Apple Valley,MN 55124 Date July 8,2021 City of Apple Wilson's Nursery,Inc. Valley CONTRACTOR REQUEST FOR PAYMENT SUPPLEMENTAL INFO 2021 Ash Tree Replacements Contract Contract Est. Unit Previous Current Quantity Unit Total Item Quantity Price Quantity Quantity To Date Price Amount Due 1 Ohio Buckeye EA 1 $421.00 0 1 1 $421.00 $421.00 2 Hackberry EA 18 $382.00 0 18 18 S382.00 $6,876.00 3 Skyline Honeylocust EA 21 $390.00 0 21 21 S390.00 $8,190.00 4 Swamp White Oak EA 6 $417.00 0 6 6 S417.00 $2,502.00 5 Kentucky Coffeetree EA 10 $357.00 0 10 10 S357.00 $3,570.00 6 Black Hills Spruce EA 6 $250.00 0 6 6 $250.00 $1,500.00 7 Japanese Tree Lilac EA 27 $303.00 0 28 28 $303.00 $8,484.00 8 Prairiefire EA 14 $272.00 0 14 14 S272.00 $3,808.00 Crabapple TOTAL DUE $35,351.00 c: Contractor Project File No.2021-112 PROJECT PAYMENT STATUS OWNER CITY OF APPLE VALLEY Project File No.2021-112 2021 Ash Tree Replacements CHANGE ORDERS No. Date Description Amount 1 7/8/2021 Additional Japanese Tree Lilac $303.00 Total Change Orders $303.00 PAYMENT SUMMARY No. From To Payment _ Retainage Completed 1&Final 04/22/2021 j 07/01/2021 $35,351.00 $0.00 $35,351.00 Material on Hand $0.00 Total Payment to Date $35,351.00 Original Contract $35,048.00 Retainage Pay No. 0 0.00 Change Orders $303.00 Total Amount Earned $35,351.00 Revised Contract $35,351.00 i•.•: Owner:Cit of Apple Valley,7100 W.147th St.,Apple Valley,MN 551: Date Jul}8,2021 Contractor:Wilson's Nursery,Inc. City of Apple Valley CHANGE ORDER NO.1 Project 2021-112,2021 Ash Tree Replacements The following items are deemed to be necessary to complete the project according to the intended design. In accordance with the terms of this Contract,the Contractor is hereby authorized and instructed to perform the work as altered by the following provisions. Description of Work An additional Japanese Tree Lilac was missed on the initial proposal form,this tree was needed to complete this project. Unit Total No. Item Unit Quantity Price Amount 1 Additional Japanese EA 1 $303.00 $303.00 Tree Lilac TOTAL CHANGE ORDER NO.1 $303.00 Approved by Contractor: Approved by Owner: WILSON'S NURSERY,INC CITY OF APPLE VALLEY 4g1 VW/ Clint Hooppaw,Mayor 12-2 2P-Li Date Date Approved by Public Works Attest:Pamela J.Gackstetter,City Clerk CITY OF APPLE VALLEY Date Mattlir Public o hector eq q Date c: Contractor Project File 2021-112 Project 2021-112 CO 1 • ITEM: 4.P. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Acceptance and Final Payment on Agreement with I nsituform Technologies USA, LLC, for Project 2021-114, 146th Street Court Sanitary Sewer Improvements Staff Contact: Department/ Division: Brandon Anderson, City Engineer Public Works Department ACTION REQUESTED: Approve final payment on the agreement with Insituform Technologies USA, LLC, in the amount of $95,336.00; and accept Project 2021-114, 146th Street Court Sanitary Sewer Improvements, as complete and authorizing final payment in the amount of$95,336.00 for a contract total of$205,655.40. SUMMARY: Attached please find the third and final payment for Project 2021-114, 146th Street Court Sanitary Sewer Improvements. All public improvements associated with the project are complete and in acceptable condition to become public infrastructure of the City. This final payment of$95,336.00 will close the agreement with Insituform Technologies USA, LLC, and result in a total construction cost of $205,655.40 which is less than the contract amount of $206,244.10. BACKGROUND: On April 22, 2021, City Council adopted Resolution 2021-84, awarded a construction contract to Insituform Technologies USA, LLC, in the amount of $206,244.10 for Project 2021-114, 146th Street Court Sanitary Sewer Improvements. On February 25, 2021, City Council adopted Resolution 2021-27, approving plans and specifications and directing receipt of sealed bids for Project 2021-114, 146th Street Court Sanitary Sewer Improvements. On December 10, 2020, City Council adopted Resolution Number 2020-163, directing the preparation of plans and specifications for Project 2021-114, 146th Street Court Sanitary Sewer Improvements. BUDGET IMPACT: Final cost breakdown and funding for the project is summarized below: Estimated Project Costs: Awarded Costs Final Costs Construction Cost $ 206,244.10 $ 205,655.40 Construction Contingency 25,000.00 0.00 Engineering, Contract Admin, 15,000.00 13,000.00 Inspection, Testing, Surveying Total Estimated Cost $ 246,244.10 $ 218,655.40 Estimated Project Funding: Sanitary Sewer Utility $ 218,435.10 $ 197,354.40 Private Cost Share Agreement 27,809.00 21,301.00 Total Estimated Funding $ 246,244.10 $ 218,655.40 ATTACHMENTS: Final Pay Documents PAYMENT VOUCHER NO.2&FINAL 146th STREET COURT SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.2021-114 For Period:10-04-2021 Through 11-28-2021 OWNER: CONTRACTOR: City of Apple Valley Contractor Name Insituform Technologies USA 7100 147th Street West Contractor Address 580 Goddard Ave. Apple Valley,MN 55124 City,State,Zip Chesterfield,MO 63005 Telephone No. 651-253-0236 Amount of Contract: $206,244.10 Total Amount $206,244.10 Contract Value Less Amount of Work 0 Less Net Account Per Resolution Certified Percent Previous Amount Number 2021-84 To Date Retained Payments Due Sanitary Sewer Utility Funds 53858810.2021114E $ 160,533.80 $159,945.10 $0.00 $75,890.64 $84,054.47 Pennock Retail Center(City Cost) 5365-6810-2021114S $ 24,409.30 $24,409.30 $0.00 $18,384.96 $6,024.34 Pennock Retail Center(Developer Cost) 4502-8610-2022146G $ 21,301.00 $21,301.00 $0.00 $16,043.80 $5,257.21 Subtotal $ 206,244.10 $205,655.40 $0.00 $110,319.40 $95,336.00 Total $206,244.10 $205,655.40 $0.00 $110,319.40 $95,336.00 Date: at% J.i_i City gineer Date: ) I r ' ifl �� pt'��Pu lic rks Direffor ••• ��• Owner: City of Apple Valley,7100 W. 147th St.,Apple Valley,MN 55124 Date: November 18,2021 •s•• ••• For Period: 10/4/2021 to 11/28/2021 Request No: 2&Final Apple n Valley Contractor: Insituform Technologies USA,580 Goddard Ave,Chesterfield,MO 63005 CONTRACTOR'S REQUEST FOR PAYMENT 146th Street Court Sanitary Sewer Improvements Project File No. 2021-114 SUMMARY 1 Original Contract Amount $ $206,244.10 2 Change Order-Addition $ 0.00 3 Change Order-Deduction $ 0.00 4 Revised Contract Amount $ $206,244.10 5 Value Completed to Date $ $205,655.40 6 Material on Hand $ $0.00 7 Amount Earned $ $205,655.40 8 Less Retainage 0% $ $0.00 9 Subtotal $ $205,655.40 10 Less Amount Paid Previously $ $110,319.40 11 Liquidated damages- $ $0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2&Final $ $95,336.00 Approved by Contractor: Ap • v . Owner: Insituform C 'Y -OnAN 1 EL 7 Bra don S Anderson,City Engineer %\t'M aft 2_ Date Specified Contract Completion Date: r a' '� `Z O Z. Clint Hooppaw,Mayor Date Attest:Pamela J.Gackstetter,City Clerk Date 2021-114 Request for Payment#2 Contract Unit Previous Current Quantity Amount Unit No. Item Qty Unit Price Quantity Quantity To Date To Date 1 MOBILIZATION LS 1 $33,778.90 0.75 0.25 1.00 $ 33,778.90 2 LINING SEWER PIPE 8"VCP(BYPASS PUMPING IS INCIDENTAL) LF 908 $33.20 950.00 0.00 950.00 $ 31,540.00 3 LINING SEWER PIPE 9"VCP(BYPASS PUMPING IS INCIDENTAL) LF 661 $32 10 667.00 0.00 667.00 $ 21,410.70 4 LINING SEWER LATERALS,3' EA 28.0 $2,604.20 0.00 27.50 27.50 $ 71,615.50 5 ADDITIONAL FOOTAGE FOR LINING SEWER LATERALS BEYOND 3' LF 56 $15.60 0.00 0.00 0.00 $ . 6 TRAFFIC CONTROL LS 1 y $1,600.00 1.00 0.00 1.00 $ 1,600.00 ITOTAL BID PART I $ 159,945.10 7 MOBILIZATION LS 1 $3,523.20 1.00 0.00 1.00 $ 3,523.20 8 LINING SEWER PIPE 21"RCP LF 250 $110.50 250.00 0.00 250.00 $ 27,625.00 9 LINING SEWER LATERALS,10' EA 1 $9,469.50 0.00 1.000 1.00 $ 9,469.50 10 TRAFFIC CONTROL LS 1 $2,121.90 1.00 0.00 1.00 $ 2,121.90 11 BYPASS PUMPIMG LS 1 $2,970.70 1.00 0.00 1.00 $ 2,970.70 ALTENATE BID 1 TOTAL $ 45,710.30 TOTAL $ 205,655.40 2021-114 Request for Payment#2 PROJECT PAYMENT STATUS OWNER CITY OF APPLE VALLEY CONTRACTOR Insituform Technologies USA CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 09/01/2021 09/21/21 $110,319.40 $5,806.28 $116,125.68 2 09/01/2021 09/21/21 $95,336.00 $205,655.40 Material on Hand Total Payment to Date $205,655.40 Original Contract $206,244.10 Retainage Pay No. 2&Final Change Orders Total Amount Earned $205,655.40 Revised Contract $206,244.10 2021-114 Request for Payment#2 • ••• ITEM: 4.Q. ..... .... Apple COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Changes to Pay and Benefit Plan for 2022 Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Adopt the resolution approving changes to the Pay and Benefit Plan for 2022 and directing staff to prepare a 2022 Pay and Benefit Plan document incorporating the changes. SUMMARY: Staff annually reviews the Pay and Benefit Plan and recommends changes and modifications as needed and as provided in the adopted budget. The recommended revisions are typically presented to you at the last Council meeting in December in order to implement changes in the new payroll year. Staff has prepared the attached resolution for your consideration. Following is a summary of the changes recommended to the Pay and Benefit Plan for 2022. Wages: full-time schedule I, II, and III; regular part-time; firefighter; and casual employee pay is adjusted by 3.0%. Retail liquor clerk pay ranges and fire officer stipends are not adjusted at this time. Miscellaneous changes: Public Works GIS/Department Specialist in grade 140 is reclassified to Public Works GIS/Asset Management Technician in grade 150 due to a review of job evaluation; Public Works GIS Technician in grade 150 is reclassified to Public Works GIS Coordinator in grade 160 due to a review of job evaluation; Cable Coordinator in grade 170 is retitled Video Operations Coordinator; Cable Access Production Assistant in grade PT 125 is retitled Video Production Assistant; Cable Operator in casual grade C-11 is retitled Video Operator; Food and Beverage Event Planner is added to casual grade C-08. BACKGROUND: The Pay and Benefit Plan covers all non-represented regular full-time and part-time employees, retail liquor sales clerks, casual (seasonal/temporary/variable hour) employees, and paid-on-call firefighters. The pay system includes two components: annual range adjustment and individual progression through the range. Adjustments to ranges, if applicable, are approved on an annual basis by the Council. Progression within the range is based on an individual's time in position, performance in the position and/or other criteria and standards as established by the City. The City's Pay and Benefit Plan is designed to 1) establish and maintain pay opportunities that enable Apple Valley to attract and retain qualified, reliable, and motivated staff who are committed to the City's mission and objectives, 2) follow the principles of comparable worth in establishing and maintaining pay relationships among positions based on knowledge and responsibility required to do the job, 3) review and monitor the total compensation package in relation to internal and external equity, and 4) balance compensation and benefit needs with available resources. BUDGET IMPACT: Funds sufficient to implement all the recommended changes are included in the City's adopted 2022 budget. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2021- A RESOLUTION APPROVING REVISED 2022 PAY AND BENEFIT PLAN WHEREAS, the purpose of this Resolution is to approve the 2022 pay and benefit plan for full- time Schedule I, II, III, part-time, and casual employees; elected officials; and paid-on-call firefighters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley as follows: 1. That,the City adjusts the pay for Schedule I,non-exempt positions and Schedules II and III, exempt positions,by 3.0% effective December 18, 2021. 2. That, the City adjusts the pay for regular part-time, non-exempt positions by 3.0% effective December 18, 2021. 3. That, the City adjusts the pay scale for paid-on-call volunteer firefighter by 3.0% effective January 1, 2022. 4. That,the monthly stipend for fire officer assignments is not adjusted. 5. That,the pay scale for casual part-time retail liquor positions is not adjusted. 6. That,the City adjusts the pay scale for casual positions by 3.0% effective December 18,2021. 7. That,for 2022,the annual uniform allowance shall be initial issue and fair wear and tear replacement for the following positions: Fire Chief, Deputy Fire Chief, Fire Marshal, Fire Inspector, Code Compliance Specialist, Code Compliance Inspector, Police Chief, Police Captain, Police Records staff, and Public Works positions identified in the Public Works Department Non-Union Personnel Uniform Policy. 8. That, for 2022, the monthly car allowance amounts for designated administrative personnel are as follows: $385 for City Administrator; $275 for Community Development Director and IT Manager. The Police Chief, Police Captains, Fire Chief, Deputy Fire Chief, Fire Marshal, and rotating Assistant Fire Chiefs shall be provided with 24-hour usage of a city-owned vehicle. 9. That, the monthly snow operations stipend for designated exempt streets maintenance personnel is an amount equal to thirteen hours paid at the employee's hourly equivalent base pay rate for Public Works Superintendent- Streets and Public Works Supervisor- Streets. Such stipend is payable for the months of November,December,January,February,and March,and may be prorated in the case of an eligible employee's leave of absence. 10. That, the following miscellaneous changes are made: Public Works GIS/Depailiiient Specialist in grade 140 is reclassified to Public Works GIS/Asset Management Technician in grade 150 due to a review of job evaluation;Public Works GIS Technician in grade 150 is reclassified to Public Works GIS Coordinator in grade 160 due to a review of job evaluation; Cable Coordinator in grade 170 is retitled Video Operations Coordinator;Cable Access Production Assistant in grade PT125 is retitled Video Production Assistant; Cable Operator in casual grade C-11 is retitled Video Operator; Food and Beverage Event Planner is added to casual grade C-08. 11. That,the City of Apple Valley is committed to the principle of comparable worth and will continue to monitor and maintain equitable compensation relationships.Placement of positions in grades will be determined using the adopted job evaluation system as well as relevant market comparison data. However,the City also recognizes that it employs public safety personnel required to perform duties which may place them in a potentially life threatening situation and, therefore, the public safety personnel will be recognized by the City as a unique component within the total employee work force. 12. That, if any conflict exists between this Resolution and the approved Personnel Policies, this Resolution shall prevail. 13. That, adoption of this resolution includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the 2022 Pay and Benefit Plan. 14. That, following each payroll period, the Payroll Coordinator shall make a Gross Payroll Report available to the Council. 15. That, staff is directed to prepare a 2022 Pay and Benefit Plan document incorporating the changes approved herein. ADOPTED this 21st day of December, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.R. ..... :�. Apple ii COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve 2022-2023 Labor Agreement with LELS Local No. 71 Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Approve 2022-2023 Labor Agreement with LELS Local No. 71. SUMMARY: LELS Local No. 71 representing the City of Apple Valley's Police Officers has voted to enter into a two-year agreement with the City. Consistent with our discussion in closed session, the proposed contract is attached. The substantive changes are summarized as follows: Duration Two years: January 1, 2022 — December 31, 2023 Wages 2022: 3.00% general increase and 1.5% market adjustment 2023: 3.00% general increase City Insurance Contribution 2022: Same as non-represented employees 2023: Contract re-opener Holidays Juneteenth will be added if relevant Minnesota statute is amended during the duration of the agreement to include Juneteenth in the definition of statutory holidays for political subdivisions. Other Compensation FTO: Compensation for an employee, while actually working as a field training officer (FTO) with responsibilities for evaluation of a new officer, is increased from one hour to two hours of compensatory time per shift. Retention Payment: An employee who has completed the one-year probationary period, will receive a retention payment in an annual amount of$1,500, paid in bi-weekly installments on the regular bi-weekly pay dates. Upon separation from employment, the employee is not eligible for the balance of the annual payment amount. BACKGROUND: Staff and representatives of LELS Local No. 71 representing the City's Police Officers have conducted multiple meetings and bargained in good faith to reach the recommended agreement. BUDGET IMPACT: Changes are consistent with the 2022 approved budget and 2023 budget as currently proposed. ATTACHMENTS: Agreement LABOR AGREEMENT BETWEEN THE CITY OF APPLE VALLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 71 JANUARY 1, 2022 - DECEMBER 31, 2023 TABLE OF CONTENTS (Numerical Order) ARTICLE TITLE Page 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 3 7 Employee Rights-Grievance Procedure 4 8 Seniority 5 9 Discipline 5 10 Shift Bidding 5 11 Work Hours 6 12 Overtime 6 13 Working Out Of Classification 7 14 Assigned Training 7 15 Annual Leave 7 16 Holiday Leave 8 17 Planned Annual Leave and Holiday Leave Selection 9 18 Bereavement Leave 10 19 Jury Leave 10 20 Military Leave 10 21 Injured On Duty 10 22 Insurance 10 23 Uniforms 11 24 Monthly Salaries 11 25 Continuing Employment Qualifications 11 26 Savings Clause 12 27 Waiver 12 28 Expense Reimbursement 12 29 P.O.S.T. Training 12 30 Civil Court 12 31 Drug and/or Alcohol Testing 13 32 Duration 18 33 Health Care Savings Plan 18 34 Post Employment Health Reimbursement Arrangement 19 35 Resignation 20 36 Wellness 20 37 Retention Payment 20 Signatures 21 Appendix A Base Pay Scale 22 Detective 22 School Resource Officer 22 Canine Handler 22 2022—2023 LELS Local No.71 Contract ii CITY OF APPLE VALLEY TABLE OF CONTENTS (Alphabetical Order) Article Number Page Annual Leave 15 7 Assigned Training 14 7 Base Pay Scale Appendix A 22 Bereavement Leave 18 10 Canine Handler Appendix A 22 Civil Court 30 12 Continuing Employment Qualifications 25 11 Definitions 3 1 Detective Appendix A 22 Discipline 9 5 Drug and/or Alcohol Testing 31 13 Duration 32 18 Employee Rights-Grievance Procedure 7 4 Employer Authority 5 2 Employer Security 4 2 Expense Reimbursement 28 12 Health Care Savings Plan 33 18 Holiday Leave 16 8 Injured On Duty 21 10 Insurance 22 10 Jury Leave 19 10 Military Leave 20 10 Monthly Salaries 24 11 Overtime 12 6 Planned Annual Leave/Holiday Leave 17 9 P.O.S.T. Training 29 12 PEHRA 34 19 Purpose of Agreement 1 1 Recognition 2 1 Resignation 35 20 Retention Payment 37 20 Savings Clause 26 12 School Resource Officer Appendix A 22 Seniority 8 5 Shift Bidding 10 5 Signatures 21 Union Security 6 3 Uniforms 23 11 Waiver 27 12 Wellness 36 20 Work Hours 11 6 Working Out of Classification 13 7 2022—2023 LELS Local No.71 Contract iii CITY OF APPLE VALLEY MASTER LABOR AGREEMENT BETWEEN THE CITY OF APPLE VALLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. 2022 -2023 ARTICLE 1 PURPOSE OF AGREEMENT 1.1 This agreement is entered into as of January 1, 2022, between the City of Apple Valley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called LELS. 1.2 It is the intent and purpose of this agreement to: a. Establish procedures for the resolution of disputes concerning this agreement's interpretation and/or application; and, b. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. ARTICLE 2 RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes,for all police personnel in the following described unit: "All peace officers subject to licensure employed by the Apple Valley Police Department, Apple Valley, Minnesota, whose employment service exceeds the lesser of 14 hours per week or 35% of the normal work week and more than 100 work days per year, excluding supervisory and confidential Employees." 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 DEFINITIONS 3.1 Union: Law Enforcement Labor Services, Inc. (LELS). 3.2 Union Member.A member of Law Enforcement Labor Services, Inc., Local 71 3.3 Employee:A member of the exclusively recognized bargaining unit. 3.4 Department: The Apple Valley Police Department. 3.5 Employer. The City of Apple Valley. 3.6 Chief: The Chief of the Apple Valley Police Department. 3.7 Union Officer. Officer elected or appointed by Law Enforcement Labor Services, Inc. 3.8 Overtime: Work performed at the express authorization of the Employer in excess of the Employee's scheduled shift. 3.9 Scheduled Shift: A work period including rest breaks and a meal break. 3.10 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 2022—2023 LELS Local No.71 Contract 1 CITY OF APPLE VALLEY 3.11 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.12 Employee's Base Pay Rate: Regular earning rate per hour determined by multiplying the current monthly salary by 12 and dividing the result by 2080 annual hours. 3.13 Immediate Family:spouse, parent(including stepparent or legal guardian),child(including stepchild/foster child, sibling (including stepsibling), grandparent, grandchild, aunt/uncle, parent-in-law, grandparent-in- law, brother/sister-in-law, and son/daughter-in-law, or other immediate family member approved by the department head or designee. 3.14 Probationary Period: A period of time commencing on the date employment commences and ending one year from that date. 3.15 Promotion: Any change in job classification which results in an increase in pay. 3.16 Full-Time Employment: An Employee whose hours in a calendar year meets the hour requirements of Article 11 of this agreement has full-time employment. 3.17 Part-Time Employment:An Employee who works more than an averaged 20 hour work week in a calendar year, but less than the hour requirements of Article 11 of this agreement has part-time employment. 3.18 Full Benefits: Employees who work an averaged 35 hour work week or more in a calendar year shall receive full benefits as listed in this agreement for full-time employment. 3.19 Pro Rata Benefits: Employees who work an averaged 20 but less than an averaged 35 hour work week shall receive pro rata benefits of full benefits as listed in this agreement for full-time employment. 3.20 Detective: An Employee specifically assigned by the Employer to the job position of rotating or non-rotating detective. 3.21 School Resource Officer. An Employee specifically assigned by the Employer to the position of School Resource Officer performing assigned duties primarily within or associated with one or more schools, and regularly scheduled accordingly by the Employer. 3.22 Canine Handler: An Employee assigned to the care, training and department authorized use of an Employer-owned service dog. ARTICLE 4 EMPLOYER SECURITY 4.1 The Union agrees that during the life of this agreement, that the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal function of the Employer. ARTICLE 5 EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all human resources, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology;to establish and modify the organizational structure;to select,direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this agreement. 5.2 Any term and condition of employment not specifically established or modified by this agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. 2022—2023 LELS Local No.71 Contract 2 CITY OF APPLE VALLEY ARTICLE 6 UNION SECURITY 6.1 The Employer shall deduct from the wages of Employee who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate Employees from the bargaining unit to act as local union officer(s)and shall inform the Employer in writing of such choice and changes in the position of local union officer(s). 6.3 The Employer shall make space available on the Employee bulletin board for posting Union notice(s) and announcement(s) and to make space available, at a city-owned facility for Employee Union meetings when such meetings do not conflict with the operation of the Employer.The Employer shall permit use of available electronic information systems for posting Union notices and announcements in conformance with all Employer rules and regulations pertaining to the use of electronic correspondence. 6.4 The Employer agrees to post all promotional opportunities within the department for a period of 10 working days. 6.5 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 7.1 Definition of A Grievance: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this agreement. 7.2 Union Representatives: The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article.The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated as provided by 6.2 of this agreement. 7.3 Processing of A Grievance: It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure: Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1:An Employee claiming a violation concerning the interpretation or application of this agreement shall, within 21 calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within 10 calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within 10 calendar days after the Employer-designated representative's final answer in Step 1.Any grievance not appealed in writing to Step 2 by the Union within 10 calendar days shall be considered waived. 2022—2023 LELS Local No.71 Contract 3 CITY OF APPLE VALLEY Step 2: If appealed,the written grievance shall be presented by the Union and discussed with the Employer- designated Step 2 representative, Police Chief or designee.The Employer-designated representative, Police Chief or designee shall give the Union the Employer's Step 2 answer in writing within 10 calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within 10 calendar days following the Employer-designated representative's, Police Chief or designee, final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within 10 calendar days shall be considered waived. Step 3: If appealed,the written grievance shall be presented by the Union and discussed with the Employer- designated Step 3 representative, City Administrator or designee. The Employer-designated representative, City Administrator or designee,shall give the Union the Employer's answer in writing within 10 calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within 10 calendar days following the Employer-designated representative's, City Administrator or designee, final answer in Step 3.Any grievance not appealed in writing to Step 4 by the Union within 10 calendar days shall be considered waived. Step 4:A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority: a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to,or inconsistent with,or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the Union. 7.7 Choice of Remedy: If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved Employee shall indicate in writing which procedure is to be utilized, Step 4 of Article 7 or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 7. 2022—2023 LELS Local No.71 Contract 4 CITY OF APPLE VALLEY Except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an Employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. If Equal Employment Opportunity Commission v. Board of Governors is overruled, this paragraph will be null and void and shall be deleted. ARTICLE 8 SENIORITY 8.1 Seniority will be determined by the Employee's length of continuous employment with the department and posted in an appropriate location. 8.2 During the probationary period, a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period, a promoted or reassigned Employee may be returned to the Employee's previous position at the sole discretion of the Employer. 8.3 In the event of layoff, the Employee with the least seniority shall be laid off first. The last Employee laid off shall be the first to be recalled for work. No new Employees shall be hired until the layoff list has been exhausted. Employees will be listed on the layoff list for a maximum of 24 months following their layoff. Recalled Employees shall have 2 calendar weeks after receipt of notification of recall, issued by certified mail to the Employee's last known address, to report to work or forfeit all recall rights. ARTICLE 9 DISCIPLINE 9.1 The Employer will discipline Employees for just cause only. All actions relative to discipline must be implemented by the Employer within 60 days of the incident leading to the disciplinary action. However, if the Employer discovers new evidence after the 60 days have elapsed, a new 60 day timeline will begin from the date the Employer became aware of the new evidence. At the discretion of the Employer, in the case of a criminal investigation the timeline may be suspended by the Employer without notice. Discipline will be in one or more of the following forms: a. Oral reprimand b. Written reprimand c. Suspension d. Reassignment e Demotion, or f. Discharge 9.2 Notice of suspension, demotions and discharge will be in written form. The Employee shall be provided with a copy of each such notice. 9.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee.The Employee will receive a copy of such reprimands and/or notices. 9.4 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 9.5 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 9.6 Grievances relating to this Article may be initiated by the Union in Step 2 of the grievance procedure. ARTICLE 10 SHIFT BIDDING 10.1 Senior qualified Employees shall be given shift assignment preference after 18 months of continuous full- time employment. 2022—2023 LELS Local No.71 Contract 5 CITY OF APPLE VALLEY 10.2 During the academic year for Independent School District 196, School Resource Officers (SROs) shall be scheduled independently from the patrol schedule. 10.3 Canine Handlers shall be scheduled independent from the patrol bid process and shall not be subject to Article 10.1 or Article 11.2. The Employer shall determine schedules and duties of a Canine Handler. ARTICLE 11 WORK HOURS 11.1 The number of hours for full-time employment shall be based on a 40 hour work week and shall be accounted for by each Employee through: a. hours worked on assigned shifts; b. assigned training hours; c. authorized leave time; 11.2 Voluntary shift switching may be arranged between Employees with Employer approval provided such switching is not used as the basis for a claim of overtime.A voluntary shift switch between Employees may be allowed, with less than seven days notice to Employer, but shall not create an entitlement to overtime pursuant to Sec. 12.1. ARTICLE 12 OVERTIME 12.1 Employees will be compensated at 1% times the Employee's base pay rate for hours worked in excess of the Employee's scheduled shift. Changes of shifts do not qualify an Employee for overtime under this Article unless less than 7 days advance notice is given to an Employee of a change of the Employee's shift. For employees assigned to the position of general detective(non-rotational and rotational positions), a schedule change, without overtime, and with advance notice between 24 hours and 7 days, may be mutually agreed upon by the affected Employee and Employer. Such detective schedule changes will accommodate the unique duties required of the general detective position. 12.2 Overtime will be distributed using the overtime list.The overtime list shall be maintained by the Employer.An Employee shall remain at the top of the overtime list until the Employee has accepted an offer of overtime. Upon working the overtime the Employee shall move to the bottom of the overtime list. The next Employee on the overtime list is then eligible for the next overtime opportunity. New Employees shall be placed at the bottom of the overtime list upon their date of hire. 12.3 If no Employee accepts the offered overtime, the Employer shall refer to the most current police officer seniority roster and order in the least senior officer who is available to work. Upon being ordered in, the affected officer's place on the overtime list shall not be changed. 12.4 The overtime list shall be used when practical. Local 71 recognizes the following circumstances when use would not be practical:shift extensions,early call-ins,and late-night staffing emergencies.Any overtime filled using means other than 12.2 shall not affect the overtime list. 12.5 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 12.6 Overtime will be calculated to the nearest 12 minutes. 12.7 Employees have the obligation to report to work if requested by the Employer unless unusual circumstances prevent the Employee from so working. 12.8 An Employee who is ordered to court during the Employee's scheduled off-duty time shall receive a minimum of 3 hours pay at 1'/2 times the Employee's base pay rate unless the Employee is canceled 24 hours or more prior to the Employee's ordered arrival time at court. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the 3 hour minimum. 2022—2023 LELS Local No.71 Contract 6 CITY OF APPLE VALLEY 12.9 An Employee who is called to duty during the Employee's scheduled off-duty time shall receive a minimum of 3 hours pay at 1'%times the Employee's base pay rate. An extension or early report to a scheduled shift for duty does not qualify the Employee for the 3 hour minimum. 12.10 An Employee may request that each hour of time eligible for overtime under this Article, in lieu of payment, be accumulated as compensatory time at the rate of 1% hours for each eligible hour, provided that the maximum compensatory hour balance for each Employee shall at no time exceed the threshold set forth in Article 33.5(A).The use of compensatory time hours shall be scheduled as if it were leave time.An Employee may carry compensatory time from year to year. Any compensatory time in excess of the threshold set forth in Article 33.5(A)shall be cashed-out on December 31 of each year at the Employee's current base pay rate. However, the An Employee may, at their discretion, cash-out all or a part of the Employee's compensatory time bank hours at any time throughout the year at the Employee's current hourly base pay rate. 12.11 State and federal grants stipulating that overtime will be paid in wages rather than compensatory time shall be paid in overtime and not compensatory time. ARTICLE 13 WORKING OUT OF CLASSIFICATION 13.1 Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 14 ASSIGNED TRAINING 14.1 Assigned training hours may be scheduled in lieu of the Employee's scheduled shift. Should the hours of assigned training on any day be less than the hours of a normal shift, the difference shall be rescheduled by the Employer within the same pay period. The Employee has the option of using accumulated comp time, annual leave,vacation, or holiday time in lieu of returning to work to complete a shift.An Employee assigned to training during the Employee's scheduled off-duty time shall receive a minimum of three and one-half(3.5) hours straight time. An early report or extension of a shift does not qualify for the minimum three and one- half hours. ARTICLE 15 ANNUAL LEAVE 15.1 Eligible Employees shall earn annual leave in accordance with the following schedule. An Employee's initial date of employment shall be used to determine the appropriate hours of annual leave to be accrued. (1) 0-5 years = 4.62 hours per 2 weeks of work(3 weeks annually). (2) 6-10 years = 6.16 hours per 2 weeks of work(4 weeks annually). (3) 11-15 years = 7.69 hours per 2 weeks of work(5 weeks annually). (4) 16-20 years = 8.31 hours per 2 weeks of work(5.4 weeks annually). (5) 21+ years = 9.23 hours per 2 weeks of work(6 weeks annually). 15.2 Annual leave shall be taken either as planned leave which will be scheduled in advance pursuant to Article 18 herein; or, unplanned leave which will require notification to the City within a timely manner of the Employee's scheduled work day. 15.3 The City will place into effect a short term disability insurance policy to be effective following 120 hours of continuous absence due to illness or injury. An Employee shall be eligible to collect the short term disability benefit until the Employee becomes eligible for long term disability or 6 months following the date of the qualifying injury or illness,whichever occurs first.The City may request,at any time,that an Employee provide a medical doctor's statement including verification of illness and/or ability to return to work. 15.4 An Employee shall be eligible to continue to receive the City's insurance contribution, in accordance with Article 22,toward the purchase of group insurance during the period of time the Employee is receiving short term disability insurance benefits, not to exceed six (6) months from the qualifying date of illness or injury. 2022—2023 LELS Local No.71 Contract 7 CITY OF APPLE VALLEY 15.5 The City will, upon request, pay the Employer contribution amount due to PERA for an Employee's purchase of service credit and salary from an authorized short term disability leave of absence if all of the following conditions are met: 1) The request is received by the City no later than 120 days after the end of the Employee's authorized short term disability leave of absence; and 2) The Employee has returned to full, unrestricted duty actively working a regular full-time schedule with the City; and 3) The Employee provides the City with evidence of payment of the Employee contribution amount due to PERA. 15.6 Annual leave shall not be earned by an Employee for any period during which the Employee is not being paid.An Employee shall not be eligible to be compensated for annual leave, or earn additional annual leave during the time an Employee is receiving disability insurance payments. 15.7 Annual leave may not accrue in excess of the threshold set forth in Article 33.5(A). 15.8 Planned annual leave may be denied or approval withdrawn when the granting of such planned annual leave would result in insufficient personnel to carry out necessary functions as deemed appropriate by the City or to comply with Article 17 herein. 15.9 If use of unplanned leave suggests abuse, the City shall notify the Employee of this concern. If such abuse continues the City may deny future unplanned leave requests. The City may request, at any time, that an Employee provide a medical doctor's statement including verification of illness and/or ability to return to work. 15.10 An Employee, who has an accrued and unused balance of 136 or more hours of annual leave, may make an irrevocable election annually by December 31, to receive cash compensation in lieu of up to 16 hours of annual leave earned in the subsequent year. Such election shall be made in writing in a format determined by the city and received in Human Resources by December 31. Upon making such election, annual leave earned beginning the start of the first pay period in January of the subsequent year, up to the amount elected by the Employee, shall not be credited to the Employee's annual leave bank, but instead shall be paid to the employee at the employee's base pay rate on the earliest of: 1) When requested by the Employee on one regular pay check in the calendar year subsequent to the Employee's election, provided the elected number of hours have been earned; or 2) The first pay check in December of the year subsequent to the Employee's election; or 3) Upon the Employee's separation from employment. 15.11 An Employee who leaves the employment of the City in good standing shall be compensated for all accrued and unused annual leave at the time of separation of employment, subject to the provisions of Article 33.5. 15.12 An Employee shall not be permitted to waive annual leave for the purpose of receiving double pay. ARTICLE 16 HOLIDAY LEAVE 16.1 Each Employee shall be credited with 96 hours of holiday leave time in a holiday leave bank, on January 1 of each year in lieu of holidays. 16.2 Requests for use of holiday leave time shall be made in writing by the Employee and in accordance with the leave section of this Article. The Employer reserves the sole right to grant holiday leave time. 16.3 Holiday leave time shall not accumulate from year to year. Up to 88 hours of holiday leave time that is remaining in the Employee's holiday leave bank on December 31 shall be cashed-out at the Employee's current base pay rate. Any hours greater than 88 remaining in the Employee's holiday leave bank on December 31 shall be forfeited. 2022—2023 LELS Local No.71 Contract 8 CITY OF APPLE VALLEY 16.4 Holiday leave time for a new Employee, an Employee leaving employment, or a part-time Employee shall be appropriately prorated to reflect the actual holidays observed by the Employer as of the date of the event affecting employment status. If an Employee leaving employment has taken more holiday leave time than the appropriate pro-rated amount, the difference shall be deducted from the Employee's final paycheck. 16.5 An Employee scheduled to work on Independence Day, Thanksgiving Day, Christmas Eve Day and Christmas Day will be paid 2 times the base rate of pay for every hour worked. An Employee scheduled to work any hours on the remaining holidays designated by this contract shall be paid 1'/2 times base rate of pay for every hour worked on that holiday. Holiday 2022 2023 New Year's Day January 1 January 1 Martin Luther King Day January 17 January 16 Presidents Day February 21 February 20 Memorial Day May 30 May 29 Independence Day July 4 July 4 Labor Day September 5 September 4 Veterans Day November 11 November 11 Thanksgiving November 24 November 23 Day after Thanksgiving November 25 November 24 Christmas Eve December 24 December 24 Christmas Day December 25 December 25 16.6 An Employee called in to work on a holiday, or who has their shift extended on a holiday, shall be paid for each hour actually worked at 2 times the Employee's base pay rate if they were not scheduled to work during that time. If the Employee is called in to work, or has their shift extended on a double time holiday, the Employee shall earn 2 '/2 times the Employee's base pay rate if they were not scheduled to work during that time. 16.7 An Employee scheduled for training during any hours of the above holidays shall be paid for each hour of actual training at one and one half(1 1/2)times the Employee's base pay rate. 16.8 An Employee working a shift all or in part on Independence Day, Thanksgiving Day, Christmas Eve, or Christmas Day shall be paid at two(2)times the Employee's base pay rate for their scheduled shift, if four or more hours of the shift occur on the holiday. Double time payment under this paragraph shall be limited to the greater of 10 hours or actual hours worked. 16.9 If relevant Minnesota statute, currently Minn. Stat. § 645.44, Subd. 5, is amended during the duration of this agreement to include Juneteenth, June 19; holiday leave hours as referenced in paragraphs 16.1 and 16.3 of this agreement shall be increased by 8 hours to reflect such holiday if applicable in the calendar year, and paragraph 16.5 of this agreement shall be amended to include Juneteenth if applicable in the calendar year. ARTICLE 17 PLANNED ANNUAL LEAVE AND HOLIDAY LEAVE SELECTION 17.1 All planned annual/holiday leave requests shall be submitted in writing. 17.2 Any planned annual/holiday leave request made at least 30 days in advance, if granted, shall be granted on the basis of seniority. To comply with this clause, the Employer may withdraw approvals previously granted, if necessary, because of a later request from a more senior Employee. 17.3 Planned annual/holiday leave periods of 40 hours or more shall be requested in writing by the Employee at least 30 days in advance. 2022—2023 LELS Local No.71 Contract 9 CITY OF APPLE VALLEY 17.4 Planned annual/holiday leave requests made less than 30 days in advance may be honored at the sole discretion of the Employer and, if granted, will be approved on a first come, first served basis. 17.5 Planned annual/holiday leave requests granted by the Employer under clause 17.4 shall not supersede those granted under clauses 17.2 and 17.3. 17.6 The Employer shall attempt to post the approved planned annual leave schedules. ARTICLE 18 BEREAVEMENT LEAVE 18.1 A full-time Employee may request up to three (3)days of bereavement leave in the event of a death in the immediate family. Immediate family is defined as: spouse, parent(including stepparent or legal guardian), child (including stepchild/foster child, sibling (including stepsibling), grandparent, grandchild, aunt/uncle, parent-in-law, grandparent-in-law, brother/sister-in-law, and son/daughter-in-law, or other immediate family member approved by the department head or designee. The department head or designee will be responsible for approving or denying requests for bereavement leave. Bereavement leave shall not be charged against an Employee's leave balance. ARTICLE 19 JURY LEAVE 19.1 Employees shall be granted an amount of compensation which will equal the difference between the Employee's regular pay and compensation received for jury duty less mileage. ARTICLE 20 MILITARY LEAVE 20.1 Employees shall be granted military leave as provided by Minnesota Statutes and federal law. ARTICLE 21 INJURED ON DUTY 21.1 An Employee, who in the ordinary course of employment, while acting in a reasonable and prudent manner and in compliance with established rules and procedures of the Employer, is injured during the performance of the Employee's duties and thereby unable to work, shall be paid the difference between the Employee's regular pay and the workers' compensation insurance payments for a period not to exceed 720 scheduled working hours per injury, not charged to the Employee's annual leave or other accumulated paid benefits. Any injury that does not result in compensation under the workers' compensation law shall not be compensable under this Article. ARTICLE 22 INSURANCE 22.1 The Employer will contribute up to a maximum of$960 per month per Employee in 2022 toward the cost of Employer selected group health, life,and dental insurance for full-time Employees enrolled in a Copay Health Plan. The Employer will contribute up to a maximum of$1,415 per month per Employee in 2022 toward the cost of Employer selected group health, life, and dental insurance for full-time Employees enrolled in a High Deductible Health Plan. Employees enrolled in a High Deductible Health Plan in 2022 will receive an additional $80 per month contribution to the Employee's HRA or HSA. This incentive is above and in addition to the regular Employer Contribution amount.The additional$80 per month contribution to the HRA or HSA shall expire on December 31, 2022. 2022—2023 LELS Local No.71 Contract 10 CITY OF APPLE VALLEY An Employee may request either thirty dollars ($30) or sixty dollars ($60) per month, of the excess contribution toward Employee insurance be deposited into the Employee's deferred compensation account or be paid directly to the Employee monthly. For 2023, this section shall be subject to a contract re-opener. 22.2 The Employer at the Employer's cost,shall place into effect customary Police Professional Liability insurance, which includes coverage for punitive damages and Employer approved extra duty employment as a police officer. Such insurance shall have limits at least in the amounts of$200,000.00 each person, $500,000.00 each occurrence, and $750,000.00 annual aggregate. ARTICLE 23 UNIFORMS 23.1 The Employer shall furnish to each new Employee the Employer required uniform and related parts. The Employer shall furnish each officer with soft body armor and replace the soft body armor,at a minimum every 6 years or as needed due to wear and tear of the armor. Selection of soft body armor will be a cooperative effort between the Employer and the affected Employees. Final selection of soft body armor will be at the discretion of the Employer. 23.2 The Employer shall pay a cash uniform allowance to each Employee in the annual amount of $1,000. An Employee must have successfully completed the probationary year of employment prior to eligibility to receive the uniform allowance benefit and then shall be eligible for the appropriate pro-rata amount for the remainder of that calendar year. 23.3 The Employee shall be responsible for the continued upkeep and maintenance of the initially issued Employer required uniform and related parts from the proceeds of the cash allowance. Any amount not used for this purpose shall be used for any other clothing or equipment used in the course of employment. 23.4 The Employer shall pay a cash allowance to each Employee in the annual amount of $100 for the replacement of personal items damaged, destroyed or lost during the performance of the Employee's duties. An Employee must have successfully completed the probationary year of employment prior to eligibility to receive the allowance and then shall be eligible for the appropriate pro-rata amount for the remainder of that calendar year. 23.5 Employees shall return Employer-issued and owned property upon separation of employment with the Employer. ARTICLE 24 MONTHLY SALARIES 24.1 Employees shall be paid monthly salaries as listed in Appendix"A"of this agreement. 24.2 Salary changes are related to continuous months of employment.The effective date for an Employee's salary change shall be the anniversary date of employment. The Union recognizes that the Employer operates a bi-weekly payroll system and agrees that the effective date for salary changes for Employee anniversaries occurring in the first week of the pay period shall be the first day of that pay period and that the effective date of salary changes occurring in the second week of the pay period shall be the first day of the next pay period. 24.3 The Employer shall have the sole authority to determine the appropriate step placement for a new Employee. 24.4 An Employee shall receive two hours added to the Employee's compensatory time bank per full shift while actually working as a field training officer with responsibilities for evaluation of a new officer. The two hours of compensatory time shall be pro-rated for shifts shorter than 10 hours. ARTICLE 25 CONTINUING EMPLOYMENT QUALIFICATIONS 25.1 Any Employee whose state license to act as a peace officer has been revoked shall, at a minimum, be suspended without pay during that period, and may, based on the reasons for revocation, be dismissed. 2022—2023 LELS Local No.71 Contract 11 CITY OF APPLE VALLEY ARTICLE 26 SAVINGS CLAUSE 26.1 This agreement is subject to law. In the event any provision of this agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 27 WAIVER 27.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 27.2 The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. The Employer and the Union each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this agreement or with respect to any term or condition of employment not specifically referred to or covered by this agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 28 EXPENSE REIMBURSEMENT 28.1 Any Employees required to perform duties outside the city limits of the City of Apple Valley shall be reimbursed for travel expenses and meals at the same rates applicable to other Employees of the Employer. ARTICLE 29 P.O.S.T.TRAINING 29.1 The Employer will provide licensed Employees, as defined by Minnesota statute, with 48 hours of P.O.S.T. Board approved continuing education during each three year licensing renewal period. 29.2 The Employer shall pay each Employee's regular salary while attending such continuing education courses. 29.3 The Employer shall pay the Employee's license fees required by the P.O.S.T. Board up to one hundred fifty ($150.00) dollars. ARTICLE 30 CIVIL COURT 30.1 Employees will be compensated in accordance with Articles 11 and 12 of this Contract for off-duty civil court proceedings, trials, provided all of the following conditions are met: a. Officer must be subpoenaed to appear in civil court for a trial. b. Employer determines that the subpoena is directly related to a case in which the officer was involved. c. All compensation received by the Employee is turned over to the Employer. 2022—2023 LELS Local No.71 Contract 12 CITY OF APPLE VALLEY ARTICLE 31 DRUG AND/OR ALCOHOL TESTING 31.1 Purpose:The purpose of this article is to provide written guidelines in compliance with applicable Minnesota Statutes for requesting or requiring Employees to undergo drug and/or alcohol testing. The City of Apple Valley prohibits the possession, consumption,sale,transfer or"being under the influence"of alcohol or illegal drugs during work hours except when approved by the Employer as a proper law enforcement activity. 31.2 Definitions: For purposes of this drug and/or alcohol testing article, the following terms shall have the meanings ascribed to them: a. Confirmatory Test and Confirmatory Retest: "Confirmatory test" and "confirmatory retest" mean a drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minnesota Statutes§ 181.953. subd.1. b. Drug: "Drug" means a controlled substance as defined in Minnesota Statutes§152.01, subd. 4. c. Drug and Alcohol Testing: "Drug and alcohol testing" and "drug or alcohol testing" and "drug or alcohol tests" means analysis of a body component sample according to the standards established under one of the programs in Minnesota Statutes § 181.953, subd.1 for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. d. Employee: "Employee" means a member of the exclusively recognized bargaining unit. e. Safety Sensitive Position: "Safety sensitive position"means a job in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. All members of the exclusively recognized bargaining unit occupy safety-sensitive positions. f. Employer. "Employer" means the City of Apple Valley acting through the City Administrator, or designee of the City Administrator. g. Initial Screening Test: "Initial Screening Test"means a drug and/or alcohol test which uses a method of analysis under one of the programs listed in Minnesota Statutes§ 181.953, subd. 1. h. Positive Test Result: "Positive Test Result"means a finding of the presence of alcohol, drugs or their metabolites in a sample tested in levels at or above the threshold detection levels contained in the standards of one of the programs listed in Minnesota Statutes§ 181.953. subd. 1. Reasonable Suspicion: "Reasonable suspicion"means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. j. Drug Paraphernalia: "Drug paraphernalia"has the meaning set forth in Minnesota Statutes. k. Valid Medical Reason: "Valid medical reason" means: 1. Written prescription, or an oral prescription reduced to writing, which satisfies the requisites of Minnesota Statutes §152.11, and names the Employee as the person for whose use it is intended; and, 2. The drug was prescribed,administered and dispensed in the course of professional practice by or under the direction and supervision of a licensed doctor, as described in Minnesota Statutes §152.12; and, 3. The drug was used in accordance with terms of the prescription; and, 4. Over-the-counter medication was used in accordance with terms of the product's directions. Working Days: "Working days" for purposes of this article shall be defined as Monday through Friday. 2022—2023 LELS Local No.71 Contract 13 CITY OF APPLE VALLEY 31.3 Work Rules: a. No Employee shall be under the influence of any drug or alcohol while the Employee is working or while the Employee is on the Employer's premises or operating the Employer's vehicles, machinery, or equipment, except pursuant to a valid medical reason, or, when approved by the Employer as a proper law enforcement activity. b. No Employee shall use, possess, manufacture, distribute, dispense, sell or transfer drugs, alcohol or drug paraphernalia while the Employee is working or while the Employee is on the Employer's premises or operating the Employer's vehicles, machinery or equipment, except pursuant to a valid medical reason, or, when approved by the Employer as a proper law enforcement activity. c. No Employee, while on duty, shall engage or attempt to engage or conspire to engage in conduct which would violate any law or ordinance concerning drugs or alcohol, regardless of whether a criminal conviction results from the conduct. d. An Employee shall notify the Employer in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 working days after such conviction. The Employer shall notify the appropriate federal agency of such conviction within 10 working days of receiving notice from the Employee. 31.4 Persons Subject To Testing: All Employees are subject to testing under applicable sections of this article. The Employer will request or require an Employee to undergo drug or alcohol testing only under the circumstances described in this article. 31.5 Circumstances for Drug or Alcohol Testing: a. Reasonable Suspicion Testing: The Employer may request or require an Employee to undergo drug and alcohol testing if the Employer has a reasonable suspicion related to the Employee's job performance that the Employee: 1. Is under the influence of drugs or alcohol while the Employee is working, or is on the Employer's premises, or operating the Employer's vehicles, machinery, or equipment. 2. Has violated the Employer's Work Rules as per section 32.3 of this article regarding use, possession, sale or transfer of drugs, alcohol or drug paraphernalia while the Employee is working, or is on the Employer's premises, or operating the Employer's vehicles, machinery or equipment. 3. Has discharged a firearm other than in the following instances: On an established target range; or ii. While conducting authorized ballistic tests; or iii. While engaged in lawful recreational hunting or shooting activities; or, iv. While shooting an injured animal as part of official duties. 4. Has been involved in a police vehicle pursuit as defined by Police Department rules and regulations during which a disregard for work rules, personal safety, safety of others, or a lack of appropriate judgment has been exhibited. 5. Has sustained a personal injury as defined in Minnesota Statutes §176.011, subd. 16, or has caused another person to die or sustain a personal injury. 6. Has caused a work-related accident or was operating or helping to operate machinery, equipment,or vehicles involved in a work-related accident resulting in total property damage exceeding $1,000 as estimated by a department supervisor at the scene of the accident or at the time the accident is reported. 2022—2023 LELS Local No.71 Contract 14 CITY OF APPLE VALLEY 7. Has,as determined only by the Police Chief,or designee,or the City Administrator,engaged in an act or omission related to the performance of the job, committed on duty, or off duty involving illegal drugs that logically requires or justifies such testing, revealed as a clear and compelling necessity by the nature of the incident b. Treatment Program Testing: The Employer may request or require an Employee to undergo drug and/or alcohol testing if the Employee has been referred by the Employer for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an Employee benefit plan, in which case the Employee may be requested or required to undergo drug and/or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. 31.6 Refusal to Undergo Testing: a. Employees:An Employee has the right to refuse to undergo drug and alcohol testing. If an Employee refuses to undergo drug or alcohol testing requested or required by the Employer, no such test shall be given. b. Consequences of Refusal: If an Employee refuses to undergo drug or alcohol testing requested or required by the Employer, the Employee shall be discharged from employment on grounds of insubordination. c. Refusal on Religious Grounds: An Employee who refuses to undergo drug or alcohol testing of a blood sample based on religious grounds shall not be deemed to have refused if the Employee submits to a urine sample. However, if the Employee also refuses to undergo drug or alcohol testing of a urine sample,the Employee shall be deemed to have refused to submit to drug or alcohol testing and shall be subject to the provisions of 32.6(b). 31.7 Procedure for Testing: a. Notification Form:At the time the Employer requests an Employee to undergo drug or alcohol testing, the Employer shall provide the individual with a form on which to: 1. Acknowledge the individual has seen a copy of the Employer's drug and alcohol testing article; and, 2. Indicate consent to undergo the drug and alcohol testing. b. Test Sample: The test sample shall be obtained in a private setting and the procedures for taking the sample shall ensure privacy to Employees to the extent practicable, consistent with preventing tampering with the sample. All test samples shall be obtained by or under the direct supervision of a health care professional at a medical facility of the Employer's selection. c. Identification of Samples: Each blood or urine sample shall be sealed in a suitable container free of any contamination that could affect test results, and be properly identified with the individual that provided the sample pursuant to the identification procedures of the testing facility. d. Chain of Custody: The testing facility shall maintain a written record of the chain of custody of the sample and ensure proper handling as required. e. Laboratory:All drug and alcohol testing shall use the services of a testing laboratory qualifying under Minnesota Statute, however, no test shall be conducted by a testing laboratory owned and operated by the City of Apple Valley. f. Methods of Analysis:The testing laboratory shall use methods of analysis and procedures to assure reliable drug and alcohol testing results, including standards for initial screening tests and confirmatory tests. 2022—2023 LELS Local No.71 Contract 15 CITY OF APPLE VALLEY g. Retention and Storage: Retention and storage procedures shall comply with the rules adopted by the Commissioner, and all samples that produced a positive test result, except breath samples from an initial screening test, shall be retained and properly stored by the testing facility for at least 6 months. h. Test Result: The testing laboratory is required to prepare a written report indicating the drugs, alcohol, or their metabolites tested for, the types of tests conducted and whether the test produced negative or positive test results. The testing laboratory shall disclose that report to the Employer within 3 working days after obtaining a negative result on the initial screening test or, if the initial test was positive, within 3 working days after a confirmatory test. Notice of Test Results: Within 3 working days after receiving the test result from the testing laboratory, the Employer shall inform, in writing, an Employee who has undergone drug or alcohol testing of: 1. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test. 2. The right to request and receive from the Employer a copy of the test result report. 3. The right to submit information to the Employer within 5 working days after notice of a positive test result to explain that result. The Employer may request that the Employee indicate any over-the-counter or prescription medications that the Employee is currently taking or has recently taken or any other information relevant to the reliability of or explanation for a positive test result. 4. The right to submit a written notice to the Employer within 5 working days after notice of a positive test result, that the Employee intends to obtain a confirmatory retest of the original sample at the Employee's own expense at the original laboratory or another licensed testing laboratory. If a confirmatory retest is conducted in accordance with Minnesota Statutes, and the confirmatory retest does not result in a positive test result, the City shall reimburse the Employee the actual cost of the confirmatory retest in an amount not to exceed $200.00. There shall be no adverse employment action based on the original confirmatory test. j. Notice to Employees Receiving Positive Test Results on a Confirmatory Test: An Employee receiving a positive test result on a confirmatory test shall be notified by the Employer of the following rights of the Employee. This notice shall be provided to the Employee three (3) working days after receiving the test result. 1. First Positive Test Result: The Employer may discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee. However,the Employer may not discharge the Employee from employment unless the following conditions have occurred: (a) The Employer has first given the Employee an opportunity to participate in, at the Employee's own expense or pursuant to coverage under an Employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (b) If the Employee refuses to participate in the counseling or rehabilitation program, the Employer shall suspend the Employee from employment without pay for 5 working days to provide the Employee an opportunity to reconsider the Employee's decision. If at the conclusion of the Employee's suspension without pay, the Employee has not begun to participate in the counseling or rehabilitation program, the Employee shall be discharged from employment, or 2022—2023 LELS Local No.71 Contract 16 CITY OF APPLE VALLEY (c) If the Employee has failed to successfully complete the counseling or rehabilitation program, the Employee shall be discharged from employment. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence the Employee failed to successfully complete the program. ii. However, the Employer may discipline but not discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee, if the Employer determines that no counseling or rehabilitation program is appropriate. 2. Second Positive Test Result: Where an Employee tests positive on a confirmatory test for the second time for alcohol or drug abuse of a legal substance, which prevents the Employee from performing the functions of the job or constitutes a direct threat to property or safety of others,the Employer may discipline the Employee up to and including discharge. ii. Where an Employee tests positive on a confirmatory test for the second time for drug use of a controlled substance, the Employer shall immediately discharge the Employee from employment. 3. An Employer may temporarily suspend the tested Employee or transfer that Employee to another position at the same rate of pay pending the outcome of the confirmatory test and confirmatory retest, if requested, provided the Employer believes it is reasonably necessary to protect the health or safety of the Employee, co-Employees, or the public. An Employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. 4. An Employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an Employee on the basis of medical history information revealed to the Employer pursuant to 31.7(a)(2)above unless the Employee was under an affirmative duty to provide the information before, upon, or after hire. 5. An Employee must be given access to information in the Employee's medical personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process,and conclusions drawn from and actions taken based on the reports or other acquired information. 31.8 Employer Actions: a. The Employer will not discharge, discipline, discriminate against, or request or require rehabilitation of an Employee solely on the basis of a positive test result from the initial screening test that has not been verified by a confirmatory test. b. The Employer shall observe Employee rights under applicable sections of this article. c. Nothing in this article limits the right of the Employer to discipline or discharge an Employee on grounds other than those set forth in Section 31.7(j). 31.9 Data Privacy: a. All data collected, including that in the notification form and the test report, is intended for use in determining the suitability of the Employee for employment.The Employee may refuse to supply the requested data; however, refusal to supply the requested data may affect the person's employment status. 2022—2023 LELS Local No.71 Contract 17 CITY OF APPLE VALLEY b. The Employer will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another Employer or to a third party individual, governmental agency, or private organization except in the following situations: 1. written consent for the release of data by the tested Employee; 2. pursuant to court order; 3. for use in an arbitration proceeding pursuant to a collective bargaining agreement; 4. for use in an administrative hearing pursuant to Minnesota Statutes; 5. for use in a judicial proceeding; 6. disclosure to a federal agency as required by federal law; 7. disclosure to a substance abuse facility. c. Test results may not be used as evidence in a criminal proceeding against the Employee. 31.10 Grievances: In the event of an alleged violation of this Article, the Employee may file a grievance in accordance with Article 7, Employee-Rights-Grievance Procedure. This right shall be in accordance with Minnesota Statutes § 181.956. ARTICLE 32 DURATION 32.1 This agreement shall be effective as of January 1, 2022, and shall remain in full force and effect through December 31, 2023. ARTICLE 33 HEALTH CARE SAVINGS PLAN 33.1 Establishment: The Employer shall implement a tax-advantaged Health Care Savings Plan (HCSP), effective January 1, 2016, administered by Minnesota State Retirement System (MSRS). The Health Care Savings Plan is designed specifically to address future healthcare-related costs of Employees after separation from employment. The Health Care Savings Plan shall allow Employees, as a group, through the collective bargaining process to designate pre-tax compensation to pre-fund eligible post-employment expenses. Contributions, interest and gains, and withdrawals from the Health Care Savings Plan shall be tax-free to the fullest extent possible under state and federal statute. 33.2 Authorization and Administration: The Health Care Savings Plan (HCSP)is administered by Minnesota State Retirement System (MSRS). The HCSP is an employer-sponsored program that allows employees to invest in a tax-free medical savings account while employed by a Minnesota public employer. Minnesota State Statute authorizes MSRS to offer this program to governmental employees in Minnesota including city, state, county, school districts, and governmental subdivisions. 33.3 Participation: Participation in the HCSP shall be mandatory for all Employees. 33.4 Contribution Calculations: Contributions to the HCSP, based upon Employee hours, shall be calculated using the Employee's appropriate pay rate at the time of conversion. Contributions are mandatory. 33.5 Contribution Methodology: Funding of the HCSP shall be in accordance with established contribution methods: A. Compensatory Time and Annual Leave Contributions: One hundred (100) percent of compensatory time hours over eighty (80) and one hundred (100) percent of annual leave hours over seven hundred ninety(790)shall be deposited into the Employee's HCSP account. B. Salary Contributions: Employee salary contributions -- a function of years of service and corresponding percentage--shall be deposited into the Employee's HCSP account. 1. Employees at step 1 (68% of Top Patrol) shall contribute one-quarter (%) percent of the Employee's gross earnings per pay period. 2022—2023 LELS Local No.71 Contract 18 CITY OF APPLE VALLEY 2. Employees at step 2 (75% of Top Patrol) shall contribute one-half ('/2) percent of the Employee's gross earnings per pay period. 3. Employees at step 3 (85% of Top Patrol) shall contribute three-quarters (3/4) percent of the Employee's gross earnings per pay period. 4. Employees at step 4 (90%of Top Patrol)and above shall contribute one (1) percent of the Employee's gross earnings per pay period. C. Account Fees: HCSP account fees are established by MSRS and shall be paid from the Employee's HCSP account. 33.6 Contribution Methodology Changes: The intent of the HCSP is for Employees to determine the contribution methodology within reasonable parameters established by the Employer. Contribution methodology changes shall be a cooperative effort between Employees and Employer. The Union may request, prior to the expiration of this Agreement, modification of the contribution methodology upon simple majority vote of the members. The Union shall notify the Employer in writing of any proposed modifications. Requested modifications of the contribution methodology shall be subject to Employer and legal counsel review prior to approval. Requested modifications of the contribution methodology shall not result in additional re-occurring costs to the Employer and shall comply with all Employer policies in effect at the time of the request. In addition, requested modifications of the contribution methodology shall be in compliance with the state and federal statute for tax-advantaged medical savings accounts. Contribution methodology changes and frequency are subject to approval by MSRS. Requested contribution methodology changes, approved by the Employer, shall be incorporated into any subsequent Master Labor Agreement. The newly incorporated contribution methodology shall be implemented within thirty(30)days following ratification of said Agreement. ARTICLE 34 POST EMPLOYMENT HEALTH REIMBURSEMENT ARRANGEMENT 34.1 Establishment: The Employer has previously implemented a tax-advantaged healthcare reimbursement plan designed specifically to address future healthcare-related costs of Employees after separation from employment. The Post-Employment Health Reimbursement Arrangement(PEHRA)allows Employees, as a group, through the collective bargaining process to designate pre-tax compensation to pre-fund eligible post-employment expenses. Contributions, interest and gains, and withdrawals from the Post-Employment Health Reimbursement Arrangement shall be tax-free to the fullest extent possible under the Internal Revenue Code. 34.2 Authorization and Administration: The PEHRA is a type of self-insured medical reimbursement plan authorized under the Internal Revenue Code and shall be administered by the Employer with the assistance of a third-party administrator of the Employer's choosing. 34.3 Contributions: The PEHRA shall not be funded with new contributions after December 31, 2015. 34.4 Account Fees: Prior to termination of employment, fixed account fees shall be paid by the Employer. Asset-based fees shall be paid from the Employee's PEHRA account. Upon termination of employment, all fees shall be paid from the Employee's PEHRA account, except those fees that are not attributable to, or based upon, the existence of an Employee's account and paid by the Employer (e.g., annual trustee fees, annual filing fees, etc.). 2022—2023 LELS Local No.71 Contract 19 CITY OF APPLE VALLEY ARTICLE 35 RESIGNATION 35.1 An Employee,to resign in good standing, shall provide the Employer with a written notice of resignation at least 14 calendar days in advance of the effective date of the resignation. An Employee is expected to work their regular schedule during the notice period preceding resignation, and leave may be denied during the notice period.An Employee shall be paid through the last day actually worked. Except where otherwise provided by law or Employer policy, an Employee shall not be permitted to use paid leave hours or unpaid leave to extend employment beyond the last day actually worked. The last day actually worked will be recorded as the Employee's date of separation from employment. These provisions may be waived at the discretion of the City Administrator or designee. Failure to comply may be cause for denying payment of unused annual leave and future employment with the Employer. 35.2 An Employee, who provides a minimum of six months written notice in advance of resignation from employment in good standing, shall receive a one-time cash payment in the amount of$1,000 on the Employee's final pay check. An Employee, who provides a minimum of three months written notice (but less than six months) in advance of resignation from employment in good standing, shall receive a one- time cash payment in the amount of$500 on the Employee's final pay check. 35.3 Good standing constitutes circumstances in which an Employee resigns with advance written notice as described in this Article and works their regular schedule during the notice period. Discharge for cause shall not be a separation in good standing. ARTICLE 36 WELLNESS 36.1 Effective January 1, 2020, an Employee shall, by December 31 each calendar year, provide to the Employer certification that the Employee has completed an annual preventive physical exam and recommended preventive screenings, and an annual dental exam,within the previous 12 months. The certification shall be signed by a qualified healthcare provider appropriate to make such certification. 36.2 An Employee who does not provide the applicable certifications by December 31 shall be notified of the deficiency and shall be granted a grace period of 60 days in which to provide the certifications. 36.3 A newly hired or rehired Employee shall provide the applicable certifications to the Employer within 90 days after hire. 36.4 An Employee,who is unable to obtain a certification due to an approved leave of absence, shall provide the certification to the Employer within 60 days after the Employee returns to work. ARTICLE 37 RETENTION PAYMENT 37.1 The Employer shall pay a cash retention payment to each Employee in the annual amount of$1,500. An Employee must have successfully completed the probationary year of employment prior to eligibility to receive the payment, and then shall be eligible for the appropriate prorated amount for the remainder of that calendar year. 37.2 The retention payment shall be paid in bi-weekly installments to an eligible Employee on the Employer's regular bi-weekly pay dates. 37.3 An Employee, upon separation from employment, shall not be eligible for the balance of the annual retention payment. 2022—2023 LELS Local No.71 Contract 20 CITY OF APPLE VALLEY IN WITNESS WHEREOF,the parties hereto have executed this agreement on the twenty-first(21st)day of December, 2021. FOR LELS: FOR THE CITY OF APPLE VALLEY: Jim Roberts, Business Agent Clint Hooppaw LELS Mayor Daniel Schyma Pamela J. Gackstetter President, Local#71 City Clerk M. Thomas Lawell City Administrator Melissa Haas Human Resources Manager Gregory Dahlstrom Captain, Police Administration 2022—2023 LELS Local No.71 Contract 21 CITY OF APPLE VALLEY APPENDIX"A" MONTHLY BASE PAY SCALE 2022 2023 Effective Date 12/18/21 12/17/22 Start (68% Top Patrol) $5,715 $5,886 After 12 months continuous service (75%Top Patrol) $6,303 $6,492 After 24 months continuous service (85%Top Patrol) $7,143 $7,357 After 36 months continuous service (90% Top Patrol) $7,565 $7,792 After 48 months continuous service (95% Top Patrol) $7,988 $8,228 After 60 months continuous service (Top Patrol Rate) $8,405 $8,657 DETECTIVE In addition to their base pay rate, Employees assigned by the Employer to the position of detective, as defined in Article 3.20, will receive an additional 5% of the Employee's current hourly pay rate when assigned. These amounts will be pro-rated for an assignment of less than a full month. NON-ROTATING DETECTIVE POSITION: Employees assigned by the Employer to a non-rotating detective position may be removed from the position in accordance with the provisions of Article 5, Employer Authority,or the provisions of Article 9, Discipline. ROTATING DETECTIVE POSITION: Employees assigned by the Employer to a rotating detective position may be removed and/or reassigned from the detective position to patrol at the sole discretion of the Employer. SCHOOL RESOURCE OFFICER In addition to their base pay rate, Employees assigned by the Employer to the position of School Resource Officer, as defined in Article 3.21, will receive an additional 5% of the Employee's current hourly pay rate when assigned. This amount will apply during the school year for months when the Employee is working in the schools and will be pro-rated for assignments of less than a full month. CANINE HANDLER Canine Handlers shall be assigned for the useful life of a service dog unless otherwise assigned by the Employer. The useful life of a service dog shall be determined at the discretion of the Employer. The Employer may reassign the Canine Handler, place the service dog with another Canine Handler or remove the service dog from service at the sole discretion of the Employer. A Canine Handler shall be compensated at the pay rate established for Patrol Officers as determined by the collective bargaining agreement. A Canine Handler shall receive thirty(30) minutes of paid time off per shift for the daily care, training and feeding of the service dog. The paid time off shall be included as part of the Canine Handler's regular scheduled shift hours (e.g., a 10-hour shift would include 30 minutes of paid time off under this section, and 9.5 hours of scheduled time.) 2022—2023 LELS Local No.71 Contract 22 CITY OF APPLE VALLEY A Canine Handler shall receive thirty(30) minutes pay at the officer's regular rate for each day not scheduled to work for the care, training and feeding of the service dog. Any additional time required for the care or training of the service dog must be approved in advance. The Canine Handler shall not receive the thirty minutes for any days the service dog is not under the Canine Handler's custody, care and control. A Canine Handler shall be subject to call and overtime as designated in Article 12. A Canine Handler call out shall not be subject to the provisions of Articles 12.2 of this agreement. The call out procedure and use of the service dog shall be determined solely by the Employer. 2022—2023 LELS Local No.71 Contract 23 CITY OF APPLE VALLEY • ITEM: 4.S. ..... :�. Apple COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Personnel Report Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Approve the personnel report. SUMMARY: The employment actions attached to this memo are recommended for City Council approval. BACKGROUND: The City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. BUDGET IMPACT: Budgeted positions. ATTACHMENTS: Personnel Report PERSONNEL REPORT City of Apple Valley December 21,2021 Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Last Base Pay Pay Pay Date Name Name Action Position Status Dept. Rate Type Scale (on or about) Accept Paid on Call Michael Batt Resignation Fire Fighter Volunteer 1300 12/21/2021 Facility Attendant-Warming Casual, Robert Beane Rehire House Seasonal 1800 $ 12.35 Hourly C-01 12/26/2021 Fire Officer Paid on Call Anh Bostel Assignment Fire Lieutenant Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Fire Officer Paid on Call Paul Bostel Assignment Fire Lieutenant Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Fire Officer Paid on Call Paul Deraas Assignment Fire Captain Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Facility Attendant-Warming Casual, Josephine Ellingson Rehire House Seasonal 1800 $ 10.90 Hourly C-01 12/26/2021 Casual, Ryan Fagan Hire Sales Clerk Variable Hour 5090 $ 15.50 Hourly L-1 12/18/2021 Fire Officer Paid on Call Josh Gaffke Assignment Fire Lieutenant Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Fire Officer Paid on Call Steve Grass Assignment Fire Lieutenant Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Fire Officer Paid on Call John Hahn Assignment Fire Lieutenant Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Accept Full-Time, Keenan Hayes Resignation Natural Resources Technician Regular 1500 1/5/2022 Accept Full-Time, Carol Juckel Resignation Administrative Specialist Regular 1510 12/1/2021 Fire Officer Paid on Call Matt Karnick Assignment Fire Captain Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Facility Attendant-Warming Casual, Jason Kirschman Rehire House Variable Hour 1800 $ 12.35 Hourly C-01 12/26/2021 Fire Officer Paid on Call Jason Kronberg Assignment Fire Lieutenant Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Accept Part-Time, Nichole Malecha Resignation Community Service Officer II Regular 1200 11/19/2021 Fire Officer Paid on Call Ryan McNulty Assignment Fire Captain Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Fire Officer Paid on Call Jeff Melville Assignment Assistant Fire Chief Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Facility Attendant-Warming Casual, Zachary Miller Rehire House Seasonal 1800 $ 11.45 Hourly C-01 12/26/2021 Facility Attendant-Warming Casual, Adam Morken Rehire House Seasonal 1800 $ 11.45 Hourly C-01 12/26/2021 Fire Officer Paid on Call Eric Purves Assignment Fire Lieutenant Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Facility Attendant-Warming Casual, Gary Reichow Rehire House Seasonal 1800 $ 12.35 Hourly C-01 12/26/2021 Fire Officer Paid on Call Ryan Ring Assignment Fire Lieutenant Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 The Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 2 PERSONNEL REPORT City of Apple Valley December 21,2021 Human Resources First Last Base Pay Pay Pay Date Name Name Action Position Status Dept. Rate Type Scale (on or about) Fire Officer Paid on Call Paul Robinson Assignment Fire Lieutenant Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 Fire Officer Paid on Call John Struthers Assignment Assistant Fire Chief Volunteer 1300 $ 17.50 Hourly FIRE 1/1/2022 The Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. Page 2 of 2 • ITEM: 4.T. ..... :�. Apple COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Consent Agenda Description: Approve Claims and Bills Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Approve claims and bills. SUMMARY: Attached for City Council review and approval are check registers for recent claims and bills. BACKGROUND: N/A BUDGET IMPACT: Check registers dated December 1, 2021, and December 8, 2021, in the amounts of $1,349,313.70, and $904,297.55, respectively. ATTACHMENTS: Claims and Bills Claims and Bills R55CKR2 Ll .u101 CITY OFAPPLL _EY 12/1/202 _0:03 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unil 25372 12/3/2021 155911 5 STAR INSPECTIONS INC 7,171.24 OCTOBER 2021 ELEC.INSPECTIONS 407985 20211117 1400.6243 ELECTRICAL PERMIT FEES INSPECTIONS MANAGEMENT 7,171.24 25373 12/3/2021 100101 ACE HARDWARE 4.59- DISCOUNT 407962 101360936651 1720.6333 GENERAL-CASH DISCOUNTS PARK GROUNDS MAINTENANCE 45.95 FLAGPOLE PARTS 407962 101360936651 1720.6215 EQUIPMENT-PARTS PARK GROUNDS MAINTENANCE 2.09- DISCOUNT 407710 101400936051 5507.6333 GENERAL-CASH DISCOUNTS ALIMAGNET STM LIFT 20.97 ALIMAGNET REPAIR 407710 101400936051 5507,6215 EQUIPMENT-PARTS ALIMAGNET STM LIFT 60.24 25374 12/3/2021 147453 ADAM'S PEST CONTROL INC 73,45 WELL#3 RODENT CONTROL 407689 3369957 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 73.45 25375 12/3/2021 150791 BALD MAN BREWING 278,40 BEER#1 00052212 407753 5731 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 278.40 25376 12/3/2021 155342 BARREL THEORY BEER CO 408.00 BEER#3 00052690 407754 1859 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 408.00 25377 12/312021 100054 BAUER BUILT INC 562.45 MOUNTING TIRES#344 407909 518012685 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 562.45 25378 1213/2021 145855 BENT BREWSTILLERY 205.13 BEER#1 00051698 407755 10750 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 205.13 25379 12/3/2021 123153 BESSE,DARRIN 200.00 BOOTS-D BESSE 407674 20211115 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 200.00 25380 12/3/2021 151877 BLACK STACK BREWING,INC. 484.00 BEER#3 00052297 407756 15010 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 455.00 BEER#3 00052297 407757 15126 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 867,00 BEER#3 00052297 407758 15227 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 583.00 BEER#3 00052297 407759 15318 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,389.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25380 1213/2021 151877 BLACK STACK BREWING,INC. Continued... 25381 12/3/2021 153483 BRASS FOUNDRY BREWING 160.48 BEER#2 00052531 407790 7442 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 160.48 25382 12/3/2021 143314 CLEAR RIVER BEVERAGE 30.00 BEER#1 SHORT PAID 00051160 407795 602428A 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 30.00 BEER#1 SHORT PAID 00051160 407796 603241A 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 210.00 BEER#2 00051160 407797 605125 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 331.00 BEER#1 00051160 407792 606273 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,626.00 BEER#3 00051160 407801 606280 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 144.00 TAX#3 00051160 407802 606280 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 28.00- CMBEER#3 00051160 407800 606296 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 492.00 BEER#3 00051160 407803 607213 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 344.00 BEER#2 00051160 407798 607216 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,066.00 BEER#1 00051160 407793 607217 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 601.00 BEER#1 00051160 407794 607914 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 145.00 BEER#2 00051160 407799 607925 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 926.00 BEER#3 00051160 407804 608189 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 5,937.00 25383 12/3/2021 100102 COLLEGE CITY BEVERAGE 60.00- RETURN KEGS 407682 145800029 5122.6419 GOLF-BEER GOLF FOOD/BEVERAGE 594.35 BEER ENTERED 11-18 407916 736612 5122.6419 GOLF-BEER GOLF FOOD/BEVERAGE 55.30 WINE 407681 748246 5122.6430 GOLF-WINE GOLF FOOD/BEVERAGE 143,00 LIQUOR 407680 748247 5122.6429 GOLF-LIQUOR GOLF FOOD/BEVERAGE 732.65 25384 12/3/2021 101431 COMMUNITY HEALTH CHARITIES 111.00 CHARITABLE GIVING 407647 112321923228 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 111.00 25385 12/3/2021 100128 DAKOTA ELECTRIC ASSOCIATION 47.85 SIGNAL 140TH/GARDNVW NOV 407968 200003037769NOV 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 38.66 SIGNAL 140TH/HAYES NOV 407969 200003037777NOV 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 17.74 GARDENVIEW DR PK SLTR NOV 407970 200004331096NOV 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 19.64 REDWOOD PKS RESTRM NOV 407957 200004514691NC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING' TENANCE R55CKR2 L� 101 CITY OF APPLE _EY 12/1/202 J:03 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25385 12/3/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 21 17.79 15763 HEYWOOD CT NOV 407978 200010053463NOV 1210.6255 UTILITIES-ELECTRIC POLICE FIELD OPERATIONS/PATROL 21 141.68 25386 12/3/2021 117768 DRAIN PRO PLUMBING 625.00 RPR PD DRINKING FOUNTAIN 407910 64890 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 625.00 25387 12/3/2021 101410 ELECTRIC PUMP 487.71 MIX FLUSH REBUILD KIT 407980 721861N 5380.6215 EQUIPMENT-PARTS SEWER LIFT STN REPAIR&MNTC 487.71 25388 12/3/2021 144557 EXECUTIVE OUTDOOR SERVICES LLC 650.00 FALL CLEAN UP @ CEMETERY 407992 1646 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY 650.00 25389 12/3/2021 100157 FACTORY MOTOR PARTS CO 75.00 SQUAD WIPERS 407724 75426124 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 75.00 25390 12/3/2021 100491 GREATER TWIN CITIES UNITED WAY 10.00 407643 112321923224 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 10,00 25391 12/3/2021 103314 INNOVATIVE OFFICE SOLUTIONS 11.45 BINDER CLIPS&NOTE PADS 407678 IN3562706 1500.6210 OFFICE SUPPLIES PW MANAGEMENT 127.77 CLEANING SUPPLIES&TISSUE 407678 IN3562706 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 88.35 CALENDARS,FLASH DRIVES,MISC 407708 IN3564453 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 227.57 25392 1213/2021 153199 JACK PINE BREWERY 220.50 BEER#3 00052488 407864 4173 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 220.50 25393 1213/2021 111243 JERRY'S TRANSMISSION SERVICE INC 112.11 APPARATUS PARTS 407653 37830 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 112.11 25394 12/3/2021 151539 JUNKYARD BREWING CO.LLC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25394 12/3/2021 151539 JUNKYARD BREWING CO.LLC Continued... 693.00 BEER#3 00052261 407867 3290 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 261.28- CMBEER#3 00052261 407868 3290 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 975.00 BEER#3 00052261 407865 3313 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 145.36- CMBEER#3 00052261 407866 3313 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,261.36 25395 12/3/2021 129571 KRIS ENGINEERING INC 4,092.12 PLOW EDGES 407979 35655 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 4,092,12 25396 1213/2021 100021 M AMUNDSON LLP 117.66 TAX#2 00044390 407871 331198 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 665.27 NTAX#2 00044390 407872 331198 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1,839.99 NOTAX#1 00044390 407875 331568 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 80,08 TAX#3 00044390 407869 331570 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1,564.91 NTAX#3 00044390 407870 331570 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 39.06 TAX#2 00044390 407873 332019 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 690.02 NTAX#2 00044390 407874 332019 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 4,996.99 25397 12/3/2021 100293 MACQUEEN EQUIPMENT 109,70 SWEEPER SOLENOID 407928 P38613 5505.6215 EQUIPMENT-PARTS STORM DRAIN MNTC/RPR/SUMPS 109.70 25398 12/3/2021 118442 MANN,BRET W 200.00 BOOTS-B MANN 407675 20211115 1060.6281 UNIFORM/CLOTHING ALLOWANCE MUNICIPAL BLDG&GROUNDS MNTC 200.00 25399 12/3/2021 152514 MEGA BEER LLC 152.00 BEER#2 00052423 407876 10644 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 390.00 BEER#3 00052423 407877 10645 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 517.00 BEER#3 00052423 407878 10743 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 302.00 BEER#3 00052423 407879 10899 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,361.00 25400 1213/2021 138249 MINNESOTA ENVIRONMENTAL FUND 10 00 CHARITABLE GIVING 407636 1123219232212 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 10 00 25401 121?'"-^1 100337 MN DEPT OF LABOR&INDUSTRY R55CKR2 Lam. 101 CITY OFAPPLL _EY 12/1/202 .0:03 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25401 12/3/2021 100337 MN DEPT OF LABOR&INDUSTRY Continued... 10.00 AFS3 FIRE BOILER LICENSE 407651 ABR0267690X 1340.6399 OTHER CHARGES FIRE BLDG&GROUNDS MNTC 40.00 BOILER LICENSE 407706 ABR0267868X 1900.6399 OTHER CHARGES AV COMMUNITY CENTER 10.00 BOILER LICENSE 407705 ABR0267869X 1930.6399 OTHER CHARGES REDWOOD POOL 10.00 PRESSURE VESSEL 407695 ABR0269888X 5110.6399 OTHER CHARGES GOLF CLUBHOUSE BUILDING 10.00 AFS2 FIRE BOILER LICENSE 407652 ABR0269931X 1340.6399 OTHER CHARGES FIRE BLDG&GROUNDS MNTC 100.00 ANNUAL ELEV LICENSE PD 407914 ALR0125534X 1060.6399 OTHER CHARGES MUNICIPAL BLDG&GROUNDS MNTC 180.00 25402 12/3/2021 120496 NATURE CALLS INC 370.00 PORTABLE RESTROOMS-OCT 407684 27346 5150.6310 RENTAL EXPENSE GOLF COURSE MAINTENANCE 185.00 PORTABLE RESTROOMS-NOV 407685 27347 5150.6310 RENTAL EXPENSE GOLF COURSE MAINTENANCE 555.00 25403 1213/2021 146279 NORDIC MECHANICAL SERVICES,I 275.00 EDUBLDG-HVAC 407932 62629 2092.6266 REPAIRS-BUILDING EDUCATION BUILDING FUND 275.00 25404 1213/2021 118834 OPEN YOUR HEARTS 41.00 CHARITABLE GIVING 407634 1123219232210 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 41.00 25405 12/3/2021 100385 PLUNKETT'S PEST CONTROL INC 75.00 PEST CONTROL 407701 7317899 1900,6249 OTHER CONTRACTUAL SERVICES AV COMMUNITY CENTER 75.00 PEST CONTROL CONTRACT 407654 7317941 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 75.00 HAYES PEST CONTROL 407703 7318020 5265.6249 OTHER CONTRACTUAL SERVICES ARENA 2 BLDG MAINTENANCE-HAYES 225.00 25406 12/3/2021 141723 PRECISE MRM LLC 26.89 CABLE FOR GPS#319 407721 2001033659 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 26.89 25407 12/3/2021 100395 R&R SPECIALTIES OF WISCONSIN INC 117.60 AVSA OLY BLADE SHARPENING 407700 742431N 5215.6265 REPAIRS-EQUIPMENT ARENA 1 EQUIPMENT MAINTENANCE 117,60 25408 12/3/2021 100422 ST PAUL STAMP WORKS 49.70 NAME BADGE-NATE BECKER 407650 IV00521067 1510.6229 GENERAL SUPPLIES PW ENGINEERING&TECHNICAL 49.70 25409 12/3/2021 118481 STONEBROOKE EQUIPMENT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25409 12/312021 118481 STONEBROOKE EQUIPMENT Continued... 1,400.00 DECKED STORAGE #406 407981 64169 5345.6215 EQUIPMENT-PARTS WATER EQUIP/VEHICLE/MISC MNTC 1,400,00 25410 12/3/2021 154863 TALKING WATERS BREWING CO LLC 285.00 BEER#3 00052663 407898 2481 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 285.00 25411 12/3/2021 137747 TAPCO 7,300.00 ADDITIONAL TRAFFIC CONTROL 407990 I711386A 2027.6810 2020104R CONSTRUCTION IN PROGRESS ROAD ESCROW 7,300.00 25412 12/3/2021 100481 TRI-STATE BOBCAT INC 44.09 TAIL LIGHT LENS&WIPER#332 407713 P65611 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 53.26 WINDOW LATCH#347 407712 P65612 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 4.13 WHEEL STUD#332 407716 P65681 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 10.71 DOOR HANDLE#332 407717 P65738 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 112.19 25413 12/3/2021 100486 TWIN CITY GARAGE DOOR CO 185.00 RPR GATE CMF 407930 Z198259 1540.6266 REPAIRS-BUILDING CMF BUILDINGS&GROUNDS MNTC 185.00 25414 12/3/2021 142614 USA SAFETY SUPPLY CORP 60.62 HIVIZ COAT R ZELLMER 407656 148710 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 93.16 HIVIZ COATA DELUNA 407656 148710 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 93.17 HIVIZ COAT J LOUIS 407656 148710 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 93.16 HIVIZ COAT K FISHER 407656 148710 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 340.11 25415 1213/2021 100496 VAN PAPER CO 550.81 BAGS#1 00008795 407899 59419900 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 5.51- DISCT#1 00008795 407900 59419900 5025.6333 GENERAL-CASH DISCOUNTS LIQUOR#1 OPERATIONS 545.30 25416 12/312021 100528 ZIEGLER INC 126.70 BLOCK HEATER WELL#10 407718 IN000332163 5320.6215 EQUIPMENT-PARTS WATER WELL/BOOSTER STN MNT/RPR 126.70 25417 12/3/2021 150442 ADVANCED ENGINEERING&ENVIRO 19,675.50 SCADA SOFTWARE UPGRADE 408010 77466 5325.6735 2021132G CAPITAL OUTLAY-OTHER IMPROVEME WATER TREATMF' CCLTY MNTC/RPR R55CKR2 LL- 101 CITY OFAPPLL _EY 12/1/202 J:03 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25417 12/312021 150442 ADVANCED ENGINEERING&ENVIRO Continued... 1,119.00 WELL HEAD PROTECTION PLAN 408011 77491 5305.6235 2019140W CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTRY 20,794.50 25418 12/3/2021 103314 INNOVATIVE OFFICE SOLUTIONS 86,35 CLEANING SUPPLIES 408003 IN3553565 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 8.04 RACK FOR ACT CENTER 408001 IN3564856 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 42.03 LABELS FOR BREANNA 408001 IN3564856 1100.6210 OFFICE SUPPLIES DEV MANAGEMENT 136.42 25419 12/3/2021 100348 MTI DISTRIBUTING CO 421.05 TORO WORKMAN WATERPUMP 408005 132713300 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 421.05 25420 12/3/2021 120496 NATURE CALLS INC 3,511.78 PORTABLE TOILETS-OCT 408020 27351 1770.6310 RENTAL EXPENSE PARK GENERAL MAINTENANCE 3,511.78 25421 12/3/2021 146279 NORDIC MECHANICAL SERVICES,I 3,455.99 MULTIPLE RPRS NEEDED MC 408007 62561 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 649.00 AFS2 FALL PREV MAINTENANCE 408017 62675 1340.6266 REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 672.00 AFS3 FALL PREV MAINTENANCE 408016 62676 1340.6266 REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 4,776.99 25422 12/3/2021 152515 RESOURCE ENVIRONMENTAL SOLUTIONS LLC 1,417 00 BMP MAINTENANCE 408013 IN18363 5505.6249 2020145D OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 1,417.00 310975 1211/2021 149618 ALTEMP MECHANICAL INC 1.24- GOLF SALES TAX ADJUST 407923 254104 5110.6266 REPAIRS-BUILDING GOLF CLUBHOUSE BUILDING 1.24 GOLF SALES TAX ADJUST 407923 254104 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 830.34 EQUIPMENT SERVICE WALK IN COOL 407923 254104 5110.6266 REPAIRS-BUILDING GOLF CLUBHOUSE BUILDING 830.34 310976 12/1/2021 153995 AMAZON CAPITAL SERVICES 18,74 2 IPAD CHARGING CORDS 407673 1 CMNNLYK4VC6 5305.6211 SMALL TOOLS&EQUIPMENT WATER MGMT/REPORT/DATA ENTRY 107,38 CELL PHONE IPAD CHARGE CORDS 407657 1D47YH6X6F9V 5365.6211 SMALL TOOLS&EQUIPMENT SEWER MGMT/REPORTS/DATA ENTRY 107.38 CELL PHONE IPAD CHARGE CORDS 407657 1D47YH6X6F9V 5305.6211 SMALL TOOLS&EQUIPMENT WATER MGMT/REPORT/DATA ENTRY 121.96 WATER FILTERS FOR FOUNTAIN 407707 1VJQH13PQQNK 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 140.31 CLEANING SUPPLIES,MOBIL GREASE 407694 1X63QKX3KM9W 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 128.50 WALL SIGN HOLDERS 407702 1YRLWYN3MJ7W 1920.6229 GENERAL SUPPLIES SENIOR CENTER R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 310976 12/112021 153995 AMAZON CAPITAL SERVICES Continued... 624.27 310977 121112021 156688 ANGRY INCH BREWING 177 00 BEER#1 00052796 407735 1059 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 177.00 310978 12/1/2021 154253 APPLE FORD LINCOLN 222.93 BRAKES#919 407725 546869 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 287.39 TURN SIGNAL LIGHT#4974 407729 547124 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 64.77 TRANS COOLER LINES#228 407728 547222 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 575.09 310979 1211/2021 156881 APPLE VALLEY DMV 52,00 TITLE/REG 21 EXPLORER-#46 407919 20211117 1200.6215 EQUIPMENT-PARTS POLICE MANAGEMENT 52.00 TITLE/REG 21 EXPLORER-#44 407919 20211117 1200.6215 EQUIPMENT-PARTS POLICE MANAGEMENT 1,878.59 TAX-21 EXPLORER-#46 407919 20211117 7400.1750.048 TRANSPOR EQUIPMNT-4YRS VERF-POLICE BAL SHEET 1,878.59 TAX-21 EXPLORER-#44 407919 20211117 7400.1750.048 TRANSPOR EQUIPMNT-4YRS VERF-POLICE BAL SHEET 3,861.18 310980 12/1/2021 100747 ARAMARK UNIFORM SERVICES INC 21.76 Shop Coveralls 407722 629000197770 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 28.54 PK Coveralls 407722 629000197770 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 55.71 STR Coveralls 407722 629000197770 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 106.01 310981 12/1/2021 100360 ARCTIC GLACIER INC 174.30 NO TAX#3 00002202 407742 3412132004 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#3 00002202 407743 3412132004 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 76.80 NO TAX#2 00002202 407740 3412132006 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 7.50 FREIGHT#2 00002202 407741 3412132006 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 134.40 NO TAX#1 00002202 407738 3412132604 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 7.50 FREIGHT#1 00002202 407739 3412132604 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 176.40 NO TAX#1 00002202 407736 3413131310 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 7.50 FREIGHT#1 00002202 407737 3413131310 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 591,90 310982 12/1/2021 125174 ARTISAN BEER COMPANY 15.96- CMBEER#2 00047806 407747 31383 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 564.50 BEER#1 00047806 407744 3505811 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 2,128.50 BEER#3 00047806 407750 3505812 5085.6530 BEER LIQUOR#3 STOC 'RCHASES R55CKR2 Lk. ..101 CITY OF APPLL _EY 12/1/202 .J:03 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 310982 12/1/2021 125174 ARTISAN BEER COMPANY Continued... 429.40 BEER#2 00047806 407748 3506676 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3,530.09 BEER#1 00047806 407746 3506992 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3,722.59 BEER#3 00047806 407751 3506993 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,135.00 BEER#1 00047806 407745 3508182 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,152.30 BEER#2 00047806 407749 3508183 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 448.95 BEER#3 00047806 407752 3508184 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 13,095.37 310983 12/1/2021 156905 BERGEMANN,DOUGLAS 139.27 UB REFUND 15748 HAYES TRL 407955 20211124E 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 139.27 310984 12/1/2021 116409 BERGMAN,JOHN 155.00 REIMBURSE BERGMAN-SPOUSE 407925 20211124 1005.6276 SCHOOLS/CONFERENCES/EXP OTHERMAYOR/CITY COUNCIL 155.00 310985 12/112021 100072 BRAUN INTERTEC CORPORATION 130.25 MATERIALS TESTING 407926 B275076 2027.6235 2021105R CONSULTANT SERVICES ROAD ESCROW 130.25 310986 12/1/2021 100296 BREAKTHRU BEVERAGE MIN-BEER 4,751.70 BEER#1 00000105 407767 341690762 5015,6530 BEER LIQUOR#1 STOCK PURCHASES 29.60- CMBEER#1 00000105 407768 341690762 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 229.00 BEER#1 00000105 407762 341690763 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 95.00- CMBEER#1 00000105 407763 341690763 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,567.55 BEER#2 00000105 407777 341737458 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 118.00- CMBEER#2 00000105 407778 341737458 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3,066.75 BEER#3 00000105 407783 341760270 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 43.20 TAX#3 00000105 407784 341760271 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 11,970.45 BEER#1 00000105 407760 341781391 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 71.58- CMBEER#1 00000105 407761 341781391 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 95.00 BEER#1 00000105 407764 341824367 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 60,00- CMBEER#1 00000105 407765 341824367 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 370.00 BEER#1 00000105 407766 341824368 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,659.85 BEER#2 00000105 407779 341830418 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 129.75- CMBEER#2 00000105 407780 341830418 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 4,917.00 BEER#3 00000105 407785 341852584 5085,6530 BEER LIQUOR#3 STOCK PURCHASES 94.60- CMBEER#3 00000105 407786 341852584 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 8,236.95 BEER#1 00000105 407769 341875839 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 378.00- CMBEER#1 00000105 407770 341875839 5015.6530 BEER LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 310986 12/1/2021 100296 BREAKTHRU BEVERAGE MIN-BEER Continued... 21.60 TAX#1 00000105 407771 341875840 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,910.55 BEER#2 00000105 407781 341922540 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 23.65- CMBEER#2 00000105 407782 341922540 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 9,577.55 BEER#3 00000105 407787 341940722 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 190.20- CMBEER#3 00000105 407788 341940722 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 28.20 TAX#3 00000105 407789 341940723 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 14,558.45 BEER#1 00000105 407772 341964601 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 224.95- CMBEER#1 00000105 407773 341964601 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,290.00 BEER#1 00000105 407775 341964602 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 180.00- CMBEER#1 00000105 407776 341964602 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 28.20 TAX#1 00000105 407774 341964603 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 62,726.67 310987 1211/2021 156687 BROKEN CLOCK BREWING COOPERATIVE 84.00 BEER#1 00052795 407791 5707 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 84.00 310988 1211/2021 144930 CANON 42.68 COPIER LEASE 407920 27661945 1920.6310 RENTAL EXPENSE SENIOR CENTER 47.69 COPIER LEASE 407920 27661945 1400.6310 RENTAL EXPENSE INSPECTIONS MANAGEMENT 289.01 COPIER LEASE 407920 27661945 1700.6310 RENTAL EXPENSE PARK&RECREATION MANAGEMENT 399.60 COPIER LEASE 407920 27661945 1200.6310 RENTAL EXPENSE POLICE MANAGEMENT 730.68 COPIER LEASE 407920 27661945 1030.6310 RENTAL EXPENSE INFORMATION TECHNOLOGY 30.09 COPIER LEASE 407920 27661945 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 30,09 COPIER LEASE 407920 27661945 5065.6310 RENTAL EXPENSE LIQUOR#2 OPERATIONS 30.09 COPIER LEASE 407920 27661945 5095.6310 RENTAL EXPENSE LIQUOR#3 OPERATIONS 62.01 COPIER LEASE 407920 27661945 5105.6310 RENTAL EXPENSE GOLF MANAGEMENT 42.05 COPIER LEASE 407920 27661945 5210.6310 RENTAL EXPENSE ARENA 1 BUILDING MAINTENANCE 1,703.99 310989 12/1/2021 116142 CARGILL INCORPORATED 2,060.15 CLEAR LANE DE-ICER(24.20 T) 407991 2906663546 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 2,060.15 310990 12/1/2021 100319 CENTERPOINT ENERGY 16.07 SWIM GAS NOV 407943 110055472NOV21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 2,650.26 CH GAS NOV 407945 110055563NOV21 1060.6256 UTILITIES-NATURAL GAS MUNICIPAL BLDG&GROUNDS MNTC 1.00 OCT LATE FEE 407958 110060944NOV21 5210.6349 LATE FEES/FINANCE CHARGES ARENA 1 BUILDING MAINTENANCE 2,031.30 IA1 GAS NOV 407958 110060944NOV21 5210,6256 UTILITIES-NATURAL GAS ARENA 1 BUILDING MAINTENANCE 1.49 OCT LATE FEE 407959 110061900NOV2- 1540.6349 LATE FEES/FINANCE CHARGES CMF BUILDINGS 'OUNDS MNTC R55CKR2 LL .,101 CITY OFAPPLL _EY 12/1/202 J:03 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 310990 12/1/2021 100319 CENTERPOINT ENERGY Continued... 1,230.85 CMF GAS NOV 407959 110061900NOV21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 47.69 DELANEY PK GAS NOV 407967 55372148NOV21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 83.41 FIRE STA 3 GAS NOV 407960 55533657NOV21 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 180.19 LIQ 2 GAS NOV 407966 55533673NOV21 5065.6256 UTILITIES-NATURAL GAS LIQUOR#2 OPERATIONS 104,21 VALLEY MID PK GAS NOV 407947 55611420NOV21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 186.64 REDWOOD GAS NOV 407973 55612972NOV21 1930.6256 UTILITIES-NATURAL GAS REDWOOD POOL 25.57 WELL 2 GAS NOV 407971 55675664NOV21 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 5.01 OCT LATE FEE 407976 55686299NOV21 1900.6349 LATE FEES/FINANCE CHARGES AV COMMUNITY CENTER 1,321.60 AVCC GAS NOV 407976 55686299NOV21 1900.6256 UTILITIES-NATURAL GAS AV COMMUNITY CENTER 3.35 OLD CH LATE FEE 408000 55710289NOV21 2092.6349 LATE FEES/FINANCE CHARGES EDUCATION BUILDING FUND 547.88 OLD CH GAS NOV 408000 55710289NOV21 2092.6256 UTILITIES-NATURAL GAS EDUCATION BUILDING FUND 55.00 CMF STRG BLD 2 GAS NOV 407963 55793483NOV21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 49,83 GALAXIE PK GAS NOV 407941 55848238NOV21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 32.92 AV EAST GAS NOV 407965 55851521NOV21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 124.03 FIRE STA 2 GAS NOV 407940 55851539NOV21 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 104.69 WELL 5 GAS NOV 407937 55851562NOV21 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 21.00 WELL 4 GAS NOV 407948 55851604NOV21 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 519.21 WTP GAS NOV 407939 55877872NOV21 5325.6256 UTILITIES-NATURAL GAS WATER TREATMENT FCLTY MNTC/RPR 75.14 WELL 1 GAS NOV 407946 55887046NOV21 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 313.86 FIRE STA 1 GAS NOV 407938 55888184NOV21 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 2,880.49 IA2 GAS NOV 407974 55978928NOV21 5265.6256 UTILITIES-NATURAL GAS ARENA 2 BLDG MAINTENANCE-HAYES 1.00 OCT LATE FEE 407977 56034416NOV21 1540.6349 LATE FEES/FINANCE CHARGES CMF BUILDINGS&GROUNDS MNTC 568.90 CMF STRG BLD 1 GAS NOV 407977 56034416NOV21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 63.55 HAGEMEISTER PK GAS NOV 407936 56100324NOV21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 359.92 LIQ 1 GAS NOV 407935 56265598NOV21 5025.6256 UTILITIES-NATURAL GAS LIQUOR#1 OPERATIONS 63.55 JC ACTIVITY CTR GAS NOV 407951 56281637NOV21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 2.01 OCT LATE FEE 407975 56284078NOV21 1940.6349 LATE FEES/FINANCE CHARGES AQUATIC SWIM CENTER 95.19 AQUATIC CTR GAS NOV 407975 56284078NOV21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 43.48 HUNTINGTON PK GAS NOV 407949 56346620NOV21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 2.02 OCT LATE FEE 407972 56696487NOV21 1540.6349 LATE FEES/FINANCE CHARGES CMF BUILDINGS&GROUNDS MNTC 62.62 CMF STRG BLD 3 GAS NOV 407972 56696487NOV21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 25,57 460 REFLECTION RD GAS NOV 407934 75761361 NOV21 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 15.00 SWIM UNIT D GAS NOV 407952 78955218NOV21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 88.36 SWIM PK GAS NOV 407950 79512695NOV21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 313.86 HCSC GAS NOV 407944 79615332NOV21 1920.6256 UTILITIES-NATURAL GAS SENIOR CENTER 37.17 UTIL SAN LIFT 2 GEN GAS NOV 407942 91747147NOV21 5380,6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 915.29 GOLF GAS NOV 407964 96338967NOV21 5110.6256 UTILITIES-NATURAL GAS GOLF CLUBHOUSE BUILDING 15,270.18 310991 12/1/2021 100878 CHARTER COMMUNICATIONS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 310991 12/112021 100878 CHARTER COMMUNICATIONS Continued... 89.85 SPECTRUM BILL TV-NOV 407915 835230604052429 5110.6237 TELEPHONE/PAGERS GOLF CLUBHOUSE BUILDING 8NOV21 89.85 310992 12/1/2021 100282 CINTAS CORPORATION 79,00 MATS 407679 4101832554 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 80.00 AIR FRESHENER,TOWELS, 407679 4101832554 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 154.70 LINENS 407679 4101832554 5120.6240 CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN 1,55- LIQ3 USE TAX 407671 4101910816 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 1.55 LIQ3 USE TAX 407671 4101910816 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 22.50 MOPS&MATS 407671 4101910816 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 42.32 CMF MATS 407921 4102387612 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 30.32 CARPET RUNNERS 407711 4102387626 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC .83- LIQ2 USE TAX 407670 4102387737 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET .83 LIQ2 USE TAX 407670 4102387737 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 12.00 RUGS 407670 4102387737 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 420.84 310993 12/1/2021 156885 CLEAR CHOICE RESTORATION 2.00 PRTL RFND FOR 14718 DUNBAR CT 407693 20211119 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 108.57 PRTL RFND FOR 14718 DUNBAR CT 407693 20211119 1001.4060 PERMIT-BUILDING PERMIT GENERAL FUND REVENUE 110.57 310994 12/1/2021 130960 COLD SPRING GRANITE COMPANY 2,877.25 CREMATION BOULDERS(2) 407993 RI1797335 5605.6326 CREMATION BOULDER CEMETERY 2,877.25 310995 12/1/2021 142662 CONVENTION&VISITORS BUREAU 7,851.06 LODGING TAX-OCTOBER 2021 407996 20211129 7005.6319 REIMBURSEMENT OF REV COLL FOR LODGING TAX 7,851.06 310996 12/1/2021 122019 CROWN RENTAL-BURNSVILLE 94.95 POLE SAW CHAINS 407698 3588561 1765,6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 50.60 REDWOOD DRAIN CLEANING 407687 3588885 1730,6310 RENTAL EXPENSE PARK BUILDING MAINTENANCE 239.99 LITHIUM BATTERY 407655 3589421 1920.6215 EQUIPMENT-PARTS SENIOR CENTER 655.99 CHAIN SAW 407994 W130871 1765.6211 SMALL TOOLS&EQUIPMENT PARK EQUIPMENT MAINTENANCE 16.30 CHAIN SAW PARTS 407933 W132251 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 1,057.83 310997 12/1 '1 100114 CUB FOODS R55CKR2 Lt._.�101 CITY OFAPPLL _EY 12/1/202 J:03 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 310997 12/1/2021 100114 CUB FOODS Continued... 82,58 CH CREAMER,SALT/PEPPER,TEA 407733 202109230719 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC .19- RECYCLE SALES TAX ADJUST 407732 202109240847 2042.6229 GENERAL SUPPLIES SOLID WASTE GRANT .19 RECYCLE SALES TAX ADJUST 407732 202109240847 2040.2330 DUE TO OTHER GOVERNMENT SOLID WASTE BALANCE SHEET 102.37 POP&WATER FOR CLEAN UP DAY 407732 202109240847 2042.6229 GENERAL SUPPLIES SOLID WASTE GRANT 60,68 WATER 407731 202110060530 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 57.21 CH TEA 407734 202110180546 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 302,84 310998 12/1/2021 100123 DAKOTA COUNTY FINANCIAL SERVIC 23.33 800 MHZ FEES(1)-OCT 407924 42566 1500.6249 OTHER CONTRACTUAL SERVICES PW MANAGEMENT 23.33 800 MHZ FEES(1)-OCT 407924 42566 1600.6249 OTHER CONTRACTUAL SERVICES STREET MANAGEMENT 46,66 800 MHZ FEES(2)-OCT 407924 42566 1530.6249 OTHER CONTRACTUAL SERVICES FLEET&BUILDINGS-CMF 1,516.45 800 MHZ FEES(65)-OCT 407924 42566 1330.6249 OTHER CONTRACTUAL SERVICES FIRE OPERATIONS 1,983.05 800 MHZ FEES(85)-OCT 407924 42566 1200.6280 DUES&SUBSCRIPTIONS POLICE MANAGEMENT 23,33 800 MHZ FEES(1)-OCT 407924 42566 5305.6249 OTHER CONTRACTUAL SERVICES WATER MGMT/REPORT/DATA ENTRY 3,616.15 310999 12/1/2021 100137 DELEGARD TOOL CO 177.54 SOCKET.EXTENSIONS,TORO BAR 407715 970221 1530,6211 SMALL TOOLS&EQUIPMENT FLEET&BUILDINGS-CMF 15.99- BRAKE CALIPER TOOLS 407714 970801 1530.6211 SMALL TOOLS&EQUIPMENT FLEET&BUILDINGS-CMF 161.55 311000 12/1/2021 156482 DISTINCTIVE DESIGN BUILD LLC 3,500,00 NRMP 13631 GOTHAM CT 407987 20211123 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 3,500.00 311001 1211/2021 100434 DOUGHERTY MOLENDA SOLFEST HILL 29,553.00 POL PROSECUTION SVC-DEC 407906 66112721221 1055,6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 15,244.00 GEN CIVIL LEGAL SVC-DEC 407907 66112731221 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 44,797.00 311002 12/1/2021 153159 DREKKER BREWING CO 1,252.66 BEER#3 00052472 407805 13553 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,252.66 311003 12/1/2021 156883 EISHEN,DYLAN 483.52 UB REFUND 14289 ESTATES AVE 407688 20211117A 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 483.52 311004 12/1/2021 156904 ESTATE OF BRYAN SCHROEDER R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311004 12/1/2021 156904 ESTATE OF BRYAN SCHROEDER Continued... 111.72 UB REFUND 13722 FAIRLAWN AVE 407954 20211124C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 111.72 311005 1211/2021 150163 GALLS 9.31 UNIFORMS 407692 19775553 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 827.16 UNIFORM HERBRANSON 407917 19782136 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 836,47 311006 12/112021 156903 GRAF,PERRY 6.83 UB REFUND 13516 FINDLAYAVE 407953 20211124D 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 6.83 311007 12/1/2021 100314 GREAT LAKES COCA-COLA DISTRIBU 494.76 TAX#3 00000122 407807 3608214582 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 40.54- CMTAX#3 00000122 407808 3608214583 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 545.90 TAX#1 00000122 407806 3646213225 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,000.12 311008 12/1/2021 156906 GREENLIE,MELANIE 275.82 UB REFUND 13036 GARRETT LN 407956 20211124A 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 275.82 311009 12/1/2021 112352 GREG LESSMAN SALES 5.31 GOLF FREIGHT 407683 72453 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 9,40 GRIPS FOR RESALE 407683 72453 5115.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP 14.71 311010 12/1/2021 147493 HARRIS SERVICE 3,452.00 HVAC MAINTENANCE AGMT 4TH QTR 407922 505012450 5110.6249 OTHER CONTRACTUAL SERVICES GOLF CLUBHOUSE BUILDING 3,452.00 311011 12/112021 148590 HAWK PERFORMANCE SPECIALTIES LLC 3,047.50 AVSA ICE PAINTING 407912 5700 5210.6249 OTHER CONTRACTUAL SERVICES ARENA 1 BUILDING MAINTENANCE 3,047.50 311012 12/1/2021 100231 HOHENSTEINS INC 66.00 BEER#1 00005574 407809 448553 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,937.50 BEER#3 00005574 407818 457291 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 402.90 BEER#1 00005574 407810 457334 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 278.50 BEER#2 00005574 407815 457335 5055.6530 BEER LIQUOR#2 STOC' ''RCHASES R55CKR2 Lt_._..,101 CITY OFAPPLL _EY 12/1/202 J:03 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311012 12/1/2021 100231 HOHENSTEINS INC Continued... 14,00 TAX#2 00005574 407816 457335 5055,6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 906.80 BEER#1 00005574 407811 459099 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 139.35 TAX#1 00005574 407812 459099 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 852.40 BEER#3 00005574 407819 459100 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,084.40 BEER#1 00005574 407813 460733 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 24.00 TAX#1 00005574 407814 460733 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 176.10 BEER#2 00005574 407817 460735 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,385.50 BEER#3 00005574 407620 460742 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 124.20 TAX#3 00005574 407821 460742 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 7,391.65 311013 12/1/2021 144088 INDEED BREWING CO 376.55 BEER#3 00051420 407825 107061 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 502 60 BEER#3 00051420 407826 107319 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 521.70 BEER#1 00051420 407822 107335 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 101.85- CMBEER#1 00051420 407823 107335 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 327.00 BEER#2 00051420 407824 107358 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,626.00 311014 12/1/2021 100013 J J TAYLOR DISTRIBUTING CO OF 172,55- CMBEER#3 00000116 407852 3204957 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 128.50 WINE#1 00000116 407827 3213996 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5,014.88 BEER#1 00000116 407628 3213996 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 99.85 TAX#1 00000116 407829 3213996 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 407830 3213996 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 407831 3213996 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4,555.50 BEER#3 00000116 407853 3237777 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00000116 407854 3237777 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 407855 3237777 5085,6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,872.75 BEER#2 00000116 407840 3237797 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 126.50 TAX#2 00000116 407841 3237797 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 407842 3237797 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 407843 3237797 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,906.65 BEER#3 00000116 407856 3250434 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 223.90 TAX#3 00000116 407857 3250434 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 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407845 3250448 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 407846 3250448 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,553.00 BEER#3 00000116 407860 3250466 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 83.10 TAX#3 00000116 407861 3250466 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00000116 407862 3250466 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 407863 3250466 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 7,203.90 BEER#1 00000116 407836 3250481 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 210.45 TAX#1 00000116 407837 3250481 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 407838 3250481 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 407839 3250481 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 34.25 WINE#2 00000116 407847 3250482 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,747.90 BEER#2 00000116 407848 3250482 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 67.90 TAX#2 00000116 407849 3250482 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 407850 3250482 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 407851 3250482 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 35,814.94 311015 12/1/2021 153963 J MICHAEL HOMES INC 2,000.00 NRMP 15571 DUCK TRL LN 407986 20211123 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 2,000.00 NRMP 15567 DUCK TRL LN 407984 20211123A 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 4,000.00 311016 12/1/2021 147505 KRINGS,RON 199.95 BOOTS-R KRINGS 407677 20211118 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 199.95 311017 12/1/2021 100276 LAKEVILLE TROPHY 14,61 NEW OFFICER NAME PLATE 407691 26775 1200.6239 PRINTING POLICE MANAGEMENT 14.61 311018 12/1/2021 100646 LAWSON PRODUCTS INC 173.31 PLOW BOLTS/HARDWARE 407929 9308985750 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 173.31 311019 12/1/2021 152819 LIFE SAFETY SYSTEMS,INC 251.00 EDUBLDG-SECURITY 407931 87802 2092.6249 OTHER CONTRACTUAL SERVICES EDUCATION BUILDING FUND 251,00 R55CKR2 L. 01 CITY OF APPLE .EY 12/1/202 J:03 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311020 12/112021 100309 MENARDS Continued... 9.99 WARMING HOUSE BULBS 407699 26729 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 90.21 AFS1 SQUEEGEE,BUCKET,MISC 407672 26875 1340,6211 SMALL TOOLS&EQUIPMENT FIRE BLDG&GROUNDS MNTC 4.47 PARTS-PLOW TRUCKS 407649 26887 1610.6215 EQUIPMENT-PARTS STREET/BOULEVARD REPAIR&MNTC 104.67 311021 12/1/2021 155002 MERCHANTS BANK 49,598.85 2018 WATER NOTE INT DEC'21 407709 20211123 5305.7015 DEBT SERVICE-INTEREST WATER MGMT/REPORT/DATA ENTRY 218,901.15 2018 WATER NOTE PRIN DEC'21 407709 20211123 5300.2711 WATER METER PROJECT DRAWS WATER&SEWER FUND BAL SHEET 268,500.00 311022 12/1/2021 101376 MN DEPT OF HEALTH 38,816.00 WATER SVC CONNECT FEE-4TH QTR 407995 20211117 5300.2332 STATE WATER TESTING FEE WATER&SEWER FUND BAL SHEET 38,816,00 311023 12/1/2021 114229 MN DEPT OF TRANSPORTATION 107.94 MATERIALS TESTING 407927 P00014850 4502.6810 2020134G CONSTRUCTION IN PROGRESS IMPROVEMENTS-ASSESSED 107.94 311024 1211/2021 151869 MODIST BREWING CO LLC 458.25 BEER#1 00052303 407880 26780 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 8.83- CMBEER#1 00052303 407881 26780 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 700.50 BEER#3 00052303 407882 26784 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1.149.92 311025 12/1/2021 151805 MONTGOMERY BREWING 346.00 BEER#1 00052282 407883 2478 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 346.00 311026 12/1/2021 100995 NAPA AUTO PARTS 2.96 OIL FILTER#4992 407730 5763845184 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 5.92 OIL FILTERS#331&337 407730 5763845184 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 5.92 OIL FILTERS#405&406 407730 5763845184 5345.6215 EQUIPMENT-PARTS WATER EQUIP/VEHICLE/MISC MNTC 14.80 311027 1211/2021 127905 OFFICE OF MN.IT SERVICES 305.55 LANGUAGE LINE-OCT 407720 W21100563 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 305.55 311028 12/1/2021 140873 PDW INVESTMENTS 2,000.00 NRMP 15582 DUCK TRL LN 407997 20211123 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311028 12/112021 140873 PDW INVESTMENTS Continued... 2,000.00 NRMP 15594 DUCK TRL LN 407983 20211123A 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 2,000.00 NRMP 15590 DUCK TRL LN 407982 20211123B 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 2,000.00 NRMP 15586 DUCK TRL LN 407989 20211123C 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 8,000.00 311029 12/1/2021 100374 PEPSI-COLA COMPANY 313.50 TAX#1 00002171 407884 1241558 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 177.79 TAX#3 00002171 407886 838667 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 218.55 TAX#2 00002171 407885 895357 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 709.84 311030 12/1/2021 156797 PORTAGE BREWING COMPANY 414.00 BEER#3 00052810 407887 1185 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 252.00 BEER#3 00052810 407888 1245 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 238.50 BEER#3 00052810 407889 1265 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 904.50 311031 12/1/2021 100387 POSTMASTER ST PAUL 8,300.00 REC MAIL CITY NEWSLETTERS 407961 20211124 1700.6238 POSTAGE/UPS/FEDEX PARK&RECREATION MANAGEMENT 8,300,00 311032 12/1/2021 153484 PRYES BREWING COMPANY LLC 611.00 BEER#3 00052530 407891 29630 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 166.50 BEER#1 00052530 407890 29641 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 777.50 311033 12/1/2021 149126 RED BULL DISTRIBUTION COMPANY 304.00 TAX#1 00052064 407892 5000597865 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 157.00 TAX#2 00052064 407894 5000636504 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 170.00 TAX#1 00052064 407893 5000666278 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 631.00 311034 1211/2021 100916 RESERVE ACCOUNT 22,500.00 FIN POSTAGE-ACCT#13620745 407918 20211117 1035.6238 POSTAGE/UPS/FEDEX FINANCE 22,500.00 311035 12/1/2021 132465 SAM'S CLUB DIRECT 46.52 LIFE SNACKS INVENTORY 407998 202111011059 7203.6398 LIFE SNACKS CITY WELLNESS PROGRAM 35.37 TP,GARBAGE BAGS 407999 202111041536 5122.6229 GENERAL SUPPLIES GOLF FOOD/BEVERAGE 40.00 SUGAR,CREAM 407999 202111041536 5122.6420 GOLF-FOOD GOLF FOOD/BEVF'"'GE R55CKR2 Ll_ 101 CITY OF APPLE .EY 12/1/202 J:03 Council Check Register by GL Page- 19 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311035 12/1/2021 132465 SAM'S CLUB DIRECT Continued... 121.89 311036 12/1/2021 102084 SCHAD-TRACY SIGNS 62,498.00 VALLEYWOOD SIGNAGE 406702 DEPOSIT 4427.6735 2021177P CAPITAL OUTLAY-OTHER IMPROVEME VALLEYWOOD IMPROVEMENTS 62,498.00 311037 12/1/2021 100478 SECURITAS ELECTRONIC SECURITY INC 96.00 HAYES ALARM-DEC-FEB 407704 7000850468 5265.6249 OTHER CONTRACTUAL SERVICES ARENA 2 BLDG MAINTENANCE-HAYES 60.00 MC FIRE ALARM-DEC-FEB 407913 7000850469 1060.6249 OTHER CONTRACTUAL SERVICES MUNICIPAL BLDG&GROUNDS MNTC 156.00 311038 12/1/2021 154912 SP3 LLC 375.25 BEER#3 00052668 407895 123994 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 236.00 BEER#3 00052668 407896 125172 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 459.20 BEER#3 00052668 407897 125868 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,070.45 311039 12/1/2021 111161 STERICYCLE INC. 22.10 ENGINEERING SHRED-IT 407697 18000280734 1510.6240 CLEANING SERVICE/GARBAGE REMOVPW ENGINEERING 8,TECHNICAL 22.10 PLANNING SHRED-IT 407697 18000280734 1100.6240 CLEANING SERVICE/GARBAGE REMOVDEV MANAGEMENT 66.29 INSPECTIONS SHRED-IT 407697 18000280734 1400.6240 CLEANING SERVICE/GARBAGE REMOVINSPECTIONS MANAGEMENT 110.49 311040 12/112021 100470 TIME SQUARE SHOPPING CENTER II 1,620.57 LIQ1 CAM ESCROW-DEC 407904 20211123 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 1,749.52 LIQ1 TAX ESCROW-DEC 407904 20211123 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 11,500.00 LIQ1 LEASE-DEC 407904 20211123 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 14,870.09 311041 1211/2021 101467 VALLEY IMAGES 50.00 VALLEY IMAGES OFFICER PHOTO 407690 3447 1200,6239 PRINTING POLICE MANAGEMENT 50.00 311042 12/1/2021 156907 VANMAN ARCHITECTS 8 BUILDERS 2,000.00 NRMP 7510 PALOMINO DR 407988 20211123 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 2,000.00 311043 12/1/2021 100805 WEIMELT,MARK R 199.94 BOOTS-M WEIMELT 407676 20211116 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 199.94 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 20 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311043 12/1/2021 100805 WEIMELT,MARK R Continued... 311044 12/1/2021 101003 WINZER CORPORATION _ 79.85 COLORED TIES FOR PLOW TRUCKS 407719 7026266 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 79.85 311045 12/1/2021 156891 WOLF RIVER ELECTRIC LLC 4.50 PRTL RFND FOR 994 REDWOOD DR 407696 20211119 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 61.97 PRTL RFND FOR 994 REDWOOD DR 407696 20211119 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 128,70 PRTL RFND FOR 994 REDWOOD DR 407696 20211119 1001.4060 PERMIT-BUILDING PERMIT GENERAL FUND REVENUE 195.17 311046 12/1/2021 156881 APPLE VALLEY DMV 28,25 CLASS CHG-UNMARKED TO MARKED 408002 20211116 1210,6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 28.25 311047 12/1/2021 144930 CANON 49.94 COPIER LEASE 408004 27661944 2012.6310 RENTAL EXPENSE CABLE TV JOINT POWERS 49,94 311048 1211/2021 152040 FIRE SERVICE MANAGEMENT 1,455.98 TURNOUT GEAR REPAIR&CLEANING 408018 24610 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 1,455.98 311049 12/1/2021 148554 INTERSTATE ALL BATTERY CENTER 475.20 SQUAD ICV BATTERIES 408006 1902701010653A 1210.6216 VEHICLES-TIRES/BATTERIES POLICE FIELD OPERATIONS/PATROL 475.20 311050 12/112021 151819 PERSONNEL EVALUATION INC 1,500.00 EMP TESTS-SGT RECRUITMENT 408019 40637 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 1,500.00 311051 12/1/2021 143336 PREMIER LOCATING INC 926.10 GSOC ELEC.LOCATES 10/1-10/15 408008 41529 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 926.10 311052 12/1/2021 100432 SEH ENGINEERS 1,184.68 TELECOM PROJECT QUARRY POINT 408009 415806 1000.2430 20053032 ANTENNA LEASE ESCROWS GENERAL FUND BALANCE SHEET 2;308.11 TELECOM PROJECT LONGRIDGE 408012 416294 1000.2430 20053008 ANTENNA LEASE ESCROWS GENERAL FUND BALANCE SHEET 3,492.79 R55CKR2 L(�. 101 CITY OF APPLE _EY 12/1/202. J:03 Council Check Register by GL Page- 21 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311053 12/1/2021 118355 SHI INTERNATIONAL CORP Continued... 5,098.00 ADOBE SOFTWARE LICENSING 408014 B14327716 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 5,Q98.00 311054 12/1/2021 134920 VISUAL COMMUNICATIONS 1,000.00 SIGN PROJECT DESIGNER,STORE#2 408015 12173 5065.6740 CAPITAL OUTLAY-MACH/EQ/OTHER LIQUOR#2 OPERATIONS 1,000.00 20211130 11/24/2021 148015 EMPOWER 150.00 MNDCP-ROTH 457 CONTRIBUTIONS 407637 1123219232213 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 700.00 MNDCP-457 CONTRIBUTIONS 407637 1123219232213 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 850.00 20211131 11/24/2021 148869 EMPOWER(HCSP) 353,11 SERGEANT HCSP FUNDING-GROSS WA 407639 1123219232215 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 951.66 ADMIN HCSP FUNDING-GROSS WAGES 407639 1123219232215 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 990_23 HCSP FUNDING-ANN LV/COMP 407639 1123219232215 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,352.36 POLICE HCSP FUNDING-GROSS WAGE 407639 1123219232215 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,647.36 20211132 11/24/2021 102664 US BANK 9,762.07 EMPLOYEE MEDICARE 407648 112321923229 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 9,762.07 CITY SHARE MEDICARE 407648 112321923229 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 28,352.30 EMPLOYEE FICA 407648 112321923229 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 28,352;30 CITY SHARE FICA 407648 112321923229 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 65,540.34 FEDERAL TAXES PR 407648 112321923229 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 141,769.08 20211133 11/24/2021 101238 MINNESOTA CHILD SUPPORT PAYMEN 121.50 CHILD SUPPORT DEDUCTIONS 407645 112321923226 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 397.50 CHILD SUPPORT DEDUCTIONS 407646 112321923227 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 519.00 20211134 11/24/2021 100657 MN DEPT OF REVENUE 29,258,37 STATE TAX WITHHOLDING 407644 112321923225 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 29,258.37 20211135 11/29/2021 100392 PUBLIC EMPLOYEES RETIREMENT AS 56,762.09 EMPLOYEE SHARE PERA 407642 112321923223 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 74,596.22 CITY SHARE PERA 407642 112321923223 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 131,358.31 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/1/2021 11:20:03 Council Check Register by GL Page- 22 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20211135 11129/2021 100392 PUBLIC EMPLOYEES RETIREMENT AS Continued... 20211136 11/24/2021 148841 FURTHER 5,650.63 HSA EMPLOYEE FUNDING 407638 1123219232214 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 5,650.63 20211137 11/24/2021 100009 AFSCME COUNCIL#5 1,103.38 UNION DUES 406668 1109211436001 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,102.95 UNION DUES 407633 112321923221 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,206.33 20211138 11/24/2021 151440 VANTAGEPOINT TRANSFER AGENTS 2,180.50 ROTH 457-PLAN#301171-FIRE TOO 407640 1123219232216 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,180.50 20211139 11/24/2021 100240 VANTAGEPOINT TRANSFER AGENTS-457 FT 29,590.16 ICMA-PLAN#301171-FIRE TOO 407641 112321923222 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 29,590.16 20211140 11/24/2021 126459 VANTAGEPOINT TRANSFER AGENTS-ROTH 3,122.47 ROTH IRA-PLAN#705481 407635 1123219232211 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,122.47 20211141 11/24/2021 148841 FURTHER 803.50 PARTICIPANT FEE NOV 2021 407901 15659830 7205.6235 CONSULTANT SERVICES INSURANCE CLAIMS 803.50 20211142 11/29/2021 148841 FURTHER 4,831.44 FLEX SPENDING DAYCARE 2021 407902 40040057 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 4,831.44 20211143 11/30/2021 142866 HEALTHPARTNERS 1,258.95 DENTAL 407908 20211101 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 242,524.50 MEDICAL 407908 20211101 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 243,763.45 20211201 12/1/2021 148841 FURTHER 368.34 HSA EMPLOYER FUNDING 407903 20211201 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 368.34- 20211202 12/1/2021 101671 MN DEPT OF REVENUE R55CKR2 Lt. �101 CITY OF APPLE .CY 12/1/202 r03 Council Check Register by GL Page- 23 Council Check Register by Invoice&Summary 11/1/2021 -- 12/3/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20211202 12/1/2021 101671 MN DEPT OF REVENUE Continued... 21.96 DIESEL TAX-TRAFFIC SIGNS 407905 20211201 1680.6212 MOTOR FUELS/OILS TRAFFIC SIGNS/SIGNALS/MARKERS 40.68 DIESEL TAX-PARKS 407905 20211201 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 199,35 DIESEL TAX-STREETS 407905 20211201 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 6.48 DIESEL TAX-SEWER 407905 20211201 5390.6212 MOTOR FUELS/OILS SWR EQUIP/VEHICLE MISC MNTC/RP 268.47 1,349,313.70 Grand Total Payment Instrument Totals Checks 673,414.28 EFT Payments 600,207.41 A/PACH Payment 75,692.01 Total Payments 1,349,313.70 ''1 il,‘ 1 n.\ dic2X \70 \ R55CKS2 Lv.io100 CITY OFAPPL. ..EY 12/1/202 0:07 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 11/1/2021 - 12/3/2021 Company Amount 01000 GENERAL FUND 130,495.80 02010 CABLE TV RESERVE FUND 49.94 02025 ROAD ESCROW FUND 7,430.25 02040 SOLID WASTE GRANT 102.37 02090 PARTNERS IN EDUCATION 1,077.23 04425 VALLEYWOOD IMPROVEMENTS 62,498.00 04500 CONSTRUCTION PROJECTS 107.94 04900 PHYSICAL IMPROVEMENTS ESCROW F 17,500.00 05000 LIQUOR FUND 163,932.65 05100 GOLF FUND 7,191.23 05200 ARENA FUND 8,290.94 05300 WATER&SEWER FUND 332,786.21 05500 STORM DRAINAGE UTILITY FUND 1,545.58 05600 CEMETERY FUND LEVEL PROGRAM 3,527.25 05800 STREET LIGHT UTIL FUND 1,012.61 07000 LODGING TAX FUND 7,851.06 07100 INSURANCE TRUST DENTAL FUND 1,258.95 07200 RISK MANAGEMENT/INSURANCE FUND 650.02 07400 VERF-POLICE 3,757.18 09000 PAYROLL CLEARING FUND 598,048.49 Report Totals 1,349,313.70 R55CKR2 .c GIS101 CITY OFAPF VALLEY 12/8/k. 11:02:07 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25423 12/10/2021 145130 1 CLEAN CONSCIENCE 1,430.00 EDUBLDG-CLEANING NOV 408324 11NOV21 2092.6240 CLEANING SERVICE/GARBAGE EDUCATION BUILDING FUND 1,430.00 25424 12/10/2021 100101 ACE HARDWARE 1.09- DISCOUNT 408420 101340936551 5210.6333 GENERAL-CASH DISCOUNTS ARENA 1 BUILDING MAINTENANCE 10.95 AVSA CLAMPS,TUBE TRAPS 408420 101340936551 5210.6211 SMALL TOOLS&EQUIPMENT ARENA 1 BUILDING MAINTENANCE 1.79- DISCOUNT 408421 101370936781 1210.6333 GENERAL-CASH DISCOUNTS POLICE FIELD OPERATIONS/PATROL 17.94 KEYS FOR SGTS 408421 101370936781 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 1.81- DISCOUNT 408079 101380937001 1920.6333 GENERAL-CASH DISCOUNTS SENIOR CENTER 18.17 ROLLER BRUSHES 408079 101380937001 1920.6229 GENERAL SUPPLIES SENIOR CENTER 42.37 25425 12/10/2021 148565 ADVANCED IMAGING SOLUTIONS(C 179.33 COPIER MAINTENANCE 408311 INV264032 1500.6265 REPAIRS-EQUIPMENT PW MANAGEMENT 179.33 25426 12/10/2021 153092 ADVANCED SYSTEMS INTEGRATION 316.25 MC MCINTOSH MIC SYSTEM SETUP 408319 1972 1060.6249 OTHER CONTRACTUAL SERVICES MUNICIPAL BLDG&GROUNDS MNTC 316.25 25427 12/10/2021 137136 APPLE AWARDS INC 119.65 RETIRE APPLE KEY BENJAMIN 408345 66320 1025.6399 OTHER CHARGES EMPLOYEE RECOGNITION PARTY 119.65 25428 12/10/2021 100058 BELLBOY CORPORATION 153.00 TAX#1 00004928 408081 104283500 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 69.00- CMNTAX#1 00004928 408084 104311500 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 219.00 TAX#1 00004928 408082 104313100 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 121.75 NTAX#1 00004928 408083 104313100 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 213.00 LIQ#3 00004928 408096 104314700 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 159.93 TAX#3 00004928 408097 104314700 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 634.85 LIQ#1 00004928 408085 92398600 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 14.00 FREIGHT#1 00004928 408086 92398600 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 898.00 LIQ#3 00004928 408090 92398700 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 694.00 WINE#3 00004928 408091 92398700 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 192 00- CMWINE#3 00004928 408092 92398700 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 226.95 NTAX#3 00004928 408093 92398700 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 30.00 FREIGHT#3 00004928 408094 92398700 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 4.00- CMFREIGHT#3 00004928 408095 92398700 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 288.00 LIQ#1 00004928 408087 92481700 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/8/2021 11:02:07 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25428 12/10/2021 100058 BELLBOY CORPORATION Continued... 1,248.50 WINE#1 00004928 408088 92481700 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 23.00 FREIGHT#1 00004928 408089 92481700 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,287.66 LIQ#3 00004928 408098 92482000 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 18 00 FREIGHT#3 00004928 408099 92482000 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 5,964.64 25429 12/10/2021 100102 COLLEGE CITY BEVERAGE 83.44- CMBEER#1 00000114 408162 141600077 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 35.70- CMBEER#1 00000114 408166 141600080 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 30.50- CMBEER#3 00000114 408189 141600081 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 4.50- CTAX#3 00000114 408193 141600095 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 13,717.05 BEER#1 00000114 408163 743157 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 22.99 TAX#1 00000114 408164 743157 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 22.99 NTAX#1 00000114 408165 743157 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 815.96 BEER#3 00000114 408185 743475 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 7,164.80 BEER#3 00000114 408186 743476 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 202.75 TAX#3 00000114 408187 743476 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 45.98 NTAX#3 00000114 408188 743476 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 102.86- CMBEER#2 00000114 408179 743512 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3,952 75 BEER#2 00000114 408180 743513 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 180.00 BEER#1 00000114 408167 745268 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 856.96 LIQ#3 00000114 408190 745269 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 5,570.10 BEER#1 00000114 408168 745299 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 192.70 TAX#1 00000114 408169 745299 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 22.99 NTAX#1 00000114 408170 745299 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 6,925.95 BEER#3 00000114 408191 745336 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 284.88 TAX#3 00000114 408192 745336 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2,097.90 BEER#2 00000114 408181 745380 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 17,231.30 BEER#1 00000114 408172 747324 5015 6530 BEER LIQUOR#1 STOCK PURCHASES 49.99 TAX#1 00000114 408173 747324 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 45.98 NTAX#1 00000114 408174 747324 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 234.00 LIQ#1 00000114 408171 747326 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 275.96 LIQ#3 00000114 408194 747365 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 7,484.65 BEER#3 00000114 408195 747366 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 156.89 TAX#3 00000114 408196 747366 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 4,498.15 BEER#2 00000114 408183 747434 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 160.05- TAX#2 00000114 408184-747434 -5055,6540- TAXABLE MISC FOR RESALE LIQUOR#2 STOCK-PURCHASES 62.80- CMBEER#2 00000114 408182 747493 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,920.60 BEER#3 00000114 408198 748229 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 3,143.10 BEER#1 00000114 408177 748536 5015.6530 BEER LIQUOR#1 STC 'RCHASES R55CKR2 _...31S101 CITY OF API- .ALLEY 12/8/2,_ 11:02:07 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25429 12/10/2021 100102 COLLEGE CITY BEVERAGE Continued... 24.25 TAX#1 00000114 408178 748536 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 351.00 LIQ#3 00000114 408197 748935 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,436.00- CMBEER#1 00000114 408175 749010 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 2,368.80 BEER#1 00000114 408176 749011 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 77,265.67 25430 12110/2021 119052 CUSTOM HOSE TECH INC 262.30 HYDRAULIC HOSES#329 408054 108906 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 262.30 25431 12/10/2021 100128 DAKOTA ELECTRIC ASSOCIATION 52 01 FOUNDERS/GALAXIE SIGNAL NOV 408396 200003777430NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 47.72 FOUNDERS/GALAXIE SIGNAL OCT 408400 2000037774300CT 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 54.27 GALAXIE/FOUNDER LN SPKLR NOV 408397 200003919925NOV 1610.6255 UTILITIES-ELECTRIC STREET/BOULEVARD REPAIR&MNTC 21 396.03 15281 FOUNDERS BLVD LIGHTS NOV 408398 200004198750NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 147.61 LIFT STN STRM SWR GALAXIE NOV 408399 200004229209NOV 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 697.64 25432 12/10/2021 129789 GENERAL SECURITY SERVICES CORP 38.88 REDWOOD ALARM DEC-FEB 408390 416297 1930.6249 OTHER CONTRACTUAL SERVICES REDWOOD POOL 38.88 25433 12/10/2021 100209 GOPHER STATE ONE-CALL 27.00 GOPHER STATE ONE CALL 408374 1110183 5805.6237 TELEPHONE/PAGERS STREET LIGHT UTILITY FUND 27.00 25434 12/10/2021 100217 GRAINGER,INC. 16.50 MARKING TAPE FOR LOCATES 408307 9123177991 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 16.50 25435 12/10/2021 103314 INNOVATIVE OFFICE SOLUTIONS 7.26 BAG SALE TAG FASTENERS 408304 IN3565520 5065.6229 GENERAL SUPPLIES LIQUOR#2 OPERATIONS 7.27 BAG SALE TAG FASTENERS 408304 IN3565520 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 7.27 BAG SALE TAG FASTENERS 408304 IN3565520 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 66.54 AVSA CLEANING SUPPLIES 408389 IN3567670 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/8/2021 11:02:07 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25435 12/10/2021 103314 INNOVATIVE OFFICE SOLUTIONS Continued... 102.75 FOLDERS,CALENDARS 408045 IN3571050 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 61.30 PENS CLIPS KEY TAGS 408318 IN3572782 1500.6210 OFFICE SUPPLIES PW MANAGEMENT 11.75 WEEKLY PLANNER 408412 IN3573991 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 14.21 ALPHA FILE SORTER-HR 408305 IN3574965 1020.6210 OFFICE SUPPLIES HUMAN RESOURCES 15.21 HIGHLIGHTERS&MARKERS-SUPPLY 408305 IN3574965 1035.6210 OFFICE SUPPLIES FINANCE 11.23 FILE ORGANIZER,MELISSA HR 408325 IN3576773 1020.6210 OFFICE SUPPLIES HUMAN RESOURCES 297.48 ORGANIC TRASH LINERS 408394 IN3577926 1920.6229 GENERAL SUPPLIES SENIOR CENTER 52 93 CLEANERS 408418 IN3578292 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 11.75- WEEKLY PLANNER 408413 SCN110127 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 643.45 25436 12/10/2021 154223 LIGHTNING DISPOSAL,INC. 271.84 DUMPSTER FOR GYM CURTAIN PROJ 408392 235708 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 271.84 25437 12/10/2021 154706 LOMPLAN WINES LLC 882.30 WINE#3 00052648 408222 80634686 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 12.00 FREIGHT#3 00052648 408223 80634686 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 894.30 25438 12/10/2021 100311 METRO COUNCIL ENVIRONMENTAL SV 282,277.57 WASTERWATER SVC-JAN 408349 1132870 5300.1560 PREPAID EXPENSES WATER&SEWER FUND BAL SHEET 282,277.57 25439 12/10/2021 100849 METRO VOLLEYBALL OFFICIALS ASS 522.00 VOLLEYBALL OFFICIAL 11/9-11/23 408320 1296 1860.6235 CONSULTANT SERVICES REC VOLLEYBALL 522.00 25440 12/10/2021 100348 MTI DISTRIBUTING CO 129.99 MOWER PARTS 408332 133043900 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 129.99 25441 12/10/2021 120496 NATURE CALLS INC 333.00 PORTABLE TOILETS 408376 27378 1770.6310 RENTAL EXPENSE PARK GENERAL MAINTENANCE 333.00 25442 12/10/2021 145492 PNC EQUIPMENT FINANCE,LLC 391.62- GOLF CARTS LEASE INS CREDIT 408366 1299358 5105.6399 OTHER CHARGES GOLF MANAGEMENT 534.65 GOLF CARTS LEASE INTEREST 408366 1299358 5105.7015 DEBT SERVICE-INTEREST GOLF MANAGEMENT 4,360.35 GOLF CARTS LEASE PRINC PYMT 408366 1299358 5100.2715 CAPITAL LEASE-NONCURRENT GOLF FUND BA' SHEET R55CKR2 wG15101 CITY OF API- ALLEY 12/8/2. 11:02:07 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25442 12/10/2021 145492 PNC EQUIPMENT FINANCE,LLC Continued... 42 68- RANGE PICKER INS CREDIT 408327 1299359 5105.6399 OTHER CHARGES GOLF MANAGEMENT 33.56 LEASE PYMT INT-RANGE PICKER 408327 1299359 5105.7015 DEBT SERVICE-INTEREST GOLF MANAGEMENT 340.50 LEASE PYMT PRINC-RANGE PICKER 408327 1299359 5100.2715 CAPITAL LEASE-NONCURRENT GOLF FUND BALANCE SHEET 4,834.76 25443 12/10/2021 141723 PRECISE MRM LLC 370.00- RETURNED DEFECTIVE GPS UNIT 408387 2000002308 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 398.59 GPS FEE FOR PLOW TRUCKS 408367 2001033908 1665.6249 OTHER CONTRACTUAL SERVICES STREET SNOW&ICE MATERIALS 33.00 GPS UPGRADE 3G-4G 408356 2001034040 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 370.00 GPS UNIT FOR COURT PLOWS 408355 2001034044 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 431.59 25444 12/10/2021 100393 PUMP AND METER SERVICE INC 44.35 GAS KEYS 403637 343751 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 44.35 25445 1211012021 143628 SCHWICKERTS TECTA AMERICA 300.00 ANNUAL BACKFLOW PREVENTER 408378 5500006584A 1540.6249 OTHER CONTRACTUAL SERVICES CMF BUILDINGS&GROUNDS MNTC 100.00 ANNUAL RPZ TESTING 408306 S500006671A 2092.6249 OTHER CONTRACTUAL SERVICES EDUCATION BUILDING FUND 400.00 25446 12/10/2021 100437 SHERWIN WILLIAMS CO 296.00 PAINT FOR CMF WALLS 408373 33637 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 296.00 25447 12/10/2021 144495 SMALL LOT MN 480.00 WINE#3 00051469 408251 47750 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#3 00051469 408252 47750 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 450.72 LIQ#1 00051469 408249 47916 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#1 00051469 408250 47916 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 225.36 WINE#3 00051469 406253 47917 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5.00 FREIGHT#3 00051469 408254 47917 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,173.58 25448 12110/2021 147460 TRADITION WINE&SPIRITS 500.00 WINE#3 00051881 408255 29344 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00051881 408256 29344 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 503.00 25449 12/10/2021 100481 TRI-STATE BOBCAT INC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/8/2021 11:02:07 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25449 12/10/2021 100481 TRI-STATE BOBCAT INC Continued... 14.60 CAB SEAL#329 408053 P65971 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 14.60 25450 12/10/2021 121767 VARNER TRANSPORTATION 374.40 FREIGHT#1 00045995 408257 44445 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 307.20 FREIGHT#3 00045995 408265 44446 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 86.40 FREIGHT#2 00045995 408261 44447 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 388.80 FREIGHT#1 00045995 408258 44458 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 409.20 FREIGHT#3 00045995 408266 44459 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 147.60 FREIGHT#2 00045995 408262 44460 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 250.80 FREIGHT#1 00045995 408259 44473 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 355.20 FREIGHT#3 00045995 408267 44474 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 102.00 FREIGHT#2 00045995 408263 44475 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 414.00 FREIGHT#1 00045995 408260 44484 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 127.20 FREIGHT#2 00045995 408264 44485 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 157.20 FREIGHT#3 00045995 408268 44486 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3,120.00 25451 12/10/2021 122010 VINOCOPIA 112.00 WINE#3 00046257 408273 291785 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 64.00 TAX#3 00046257 408274 291785 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#3 00046257 408275 291785 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 416.00 WINE#1 00046257 408269 292809 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 10.00 FREIGHT#1 00046257 408270 292809 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 416.00 WINE#1 00046257 408271 292825 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 12.50 FREIGHT#1 00046257 408272 292825 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,038.00 25452 12/10/2021 100081 WASTE MANAGEMENT-BURNSVILLE LANDFILL 350.65 PARK TRASH 408369 3538002910 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 350.65 25453 12/10/2021 100520 WINE COMPANY,THE 192.00 WINE#1 00015926 408276 189307 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4.20 FREIGHT#1 00015926 408277 189307 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 224.00 WINE#2 00015926 408280 189308 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 4.20 FREIGHT#2 00015926 406281 189308 5055.6550 FREIGHT ON-RESALE-MDSE LIQUOR#2 STOCK-PURCHASES 854.00 WINE#3 00015926 408282 189309 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 9.90 FREIGHT#3 00015926 408283 189309 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 400.00 WINE#1 00015926 408278 189699 5015.6520 WINE LIQUOR#1 STC RCHASES R55CKR2 _.'GIS101 CITY OF AP, 'ALLEY 12/8/k. 11:02:07 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25453 12/10/2021 100520 WINE COMPANY,THE Continued... 4.20 FREIGHT#1 00015926 408279 189699 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,692.50 25454 12/10/2021 100526 ZEE MEDICAL SERVICE 61.90 MC FIRST AID BOX REFILL 408312 54040950 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 61.90 311055 12/8/2021 153995 AMAZON CAPITAL SERVICES 32.97 CHRIS GLOVES AND INSP STAMP 408050 1G6W3VJDJHJ6 1400.6210 OFFICE SUPPLIES INSPECTIONS MANAGEMENT 60.29 PRECISION SCREWDRIVER SET 408309 1 HPYQCY76NQ4 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 159.98 APC BATTERIES 408313 1TWQHNYC99CX 2012.6215 EQUIPMENT-PARTS CABLE TV JOINT POWERS 253.24 311056 12/812021 154253 APPLE FORD LINCOLN 46.06 SEAT BELTS FOR OLD SQUADS 408353 543071 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 46.06 311057 12/8/2021 100747 ARAMARK UNIFORM SERVICES INC 21.76 Shop Coveralls 408354 629000200258 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 28.54 PK Coveralls 408354 629000200258 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 55.71 STR Coveralls 408354 629000200258 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 106.01 311058 12/8/2021 141010 BECKER FIRE&SAFETY SERVICES 93.10 PARK EXTINGUISHER REPAIRS 408380 5154 1730.6265 REPAIRS-EQUIPMENT PARK BUILDING MAINTENANCE 93.10 311059 12/8/2021 109954 BERRY COFFEE COMPANY 366.79 CH COFFEE 408395 873502 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 366.79 311060 12/8/2021 150980 BONDESON,DOUG 37.52 BONDESON MILEAGE NOVEMBER 2021 408402 20211130 2012.6277 MILEAGE/AUTO ALLOWANCE CABLE TV JOINT POWERS 37.52 311061 12/8/2021 100152 BREAKTHRU BEVERAGE MIN WINE 6,553.01 LIQ#3 00001930 408118 341878135 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 125.91- CMLIQ#3 00001930 408119 341878135 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 45.24 FREIGHT#3 00001930 408120 341878135 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1.15- CMFREIGHT#3 00001930 408121 341878135 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/8/2021 11:02:07 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311061 12/8/2021 100152 BREAKTHRU BEVERAGE MIN WINE Continued... 952.00 WINE#3 00001930 408147 341878136 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 11.50 FREIGHT#3 00001930 408148 341878136 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 76.00 TAX#3 00001930 408153 341878137 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 408154 341878137 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 356.10 WINE#3 00001930 408149 341878138 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3 45 FREIGHT#3 00001930 408150 341878138 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 996.16 LIQ#2 00001930 408110 341878148 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 180.00- CMLIQ#2 00001930 408111 341878148 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 6.41 FREIGHT#2 00001930 408112 341878148 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1.15- CMFREIGHT#2 00001930 408113 341878148 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 104.30 WINE#2 00001930 408145 341878149 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1.15 FREIGHT#2 00001930 408146 341878149 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,240.60 LIQ#1 00001930 408100 341878151 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 23.68 FREIGHT#1 00001930 408101 341878151 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 312.90 WINE#1 00001930 408135 341878152 5015 6520 WINE LIQUOR#1 STOCK PURCHASES 3.45 FREIGHT#1 00001930 408136 341878152 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 520.64 WINE#1 00001930 408137 341878153 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 96.00- CMWINE#1 00001930 408138 341878153 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5.75 FREIGHT#1 00001930 408139 341878153 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1.15- CMFREIGHT#1 00001930 408140 341878153 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 151.00 TAX#1 00001930 408102 341878154 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1.15 FREIGHT#1 00001930 408103 341878154 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 224 00 WINE#3 00001930 408151 341895980 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2 30 FREIGHT#3 00001930 408152 341895980 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 384.60 WINE#3 00001930 408155 341966583 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 6.90 FREIGHT#3 00001930 408156 341966583 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,029.82 LIQ#3 00001930 408122 341966584 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 17.25 FREIGHT#3 00001930 408123 341966584 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 52.18 TAX#3 00001930 408124 341966585 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 40.12 NTAX#3 00001930 408125 341966585 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2.30 FREIGHT#3 00001930 408126 341966585 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 562.59 LIQ#2 00001930 408114 341966596 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 4.60 FREIGHT#2 00001930 408115 341966596 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 36.00 TAX#1 00001930 408104 341966597 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1.15 FREIGHT#1 00001930 408105 341966597 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 560.00 WINE#1 00001930 408141 341966598 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5.75 FREIGHT#1 00001930- 408142-341966598-- -50156550- FREIGHT-ON RESALE MDSE LIQUOR-#1 STOCK PURCHASES 3,190.03 LIQ#1 00001930 408106 341966599 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 17.25 FREIGHT#1 00001930 408107 341966599 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES R55CKR2 .,,GIS101 CITY OFAPI-_ ALLEY 12/8/2,._. 11:02:07 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311061 1218/2021 100152 BREAKTHRU BEVERAGE MIN WINE Continued... 89.08 TAX#1 00001930 408108 341966600 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 2.30 FREIGHT#1 00001930 408109 341966600 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,346.71 LIQ#3 00001930 408129 342058850 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 84.60- CMLIQ#3 00001930 408130 342058850 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 9.20 FREIGHT#3 00001930 408131 342058850 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1.15- CMFREIGHT#3 00001930 408132 342058850 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 436.00 WINE#3 00001930 408157 342058851 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5.75 FREIGHT#3 00001930 408158 342058851 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 128.50 WINE#3 00001930 408159 342058852 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 408160 342058852 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 44.00 TAX#3 00001930 408133 342058853 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 408134 342058853 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 54.00 LIQ#2 00001930 408116 342058863 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1.15 FREIGHT#2 00001930 408117 342058863 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 75.14 LIQ#3 00001930 408127 342058865 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 408128 342058865 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 340.00 WINE#1 00001930 408143 342058866 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4.60 FREIGHT#1 00001930 408144 342058866 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 21,551.25 311062 12/8/2021 122371 CANNON RIVER WINERY 462.00 WINE#2 00046665 408161 12552 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 462.00 311063 12/8/2021 100878 CHARTER COMMUNICATIONS 8.42 CMF CABLE TV-NOV 408377 835230604010892 1540.6237 TELEPHONE/PAGERS CMF BUILDINGS&GROUNDS MNTC 8NOV21 88.44 AFS2 DIGITAL RCVR NOV 21-22 408044 835230604012107 1330.6237 TELEPHONE/PAGERS FIRE OPERATIONS 9NOV21 25.27 CABLE SERVICE-NOV 408414 835230604012757 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 1NOV21 122.13 311064 1218/2021 100282 CINTAS CORPORATION .72- LIQ1 USE TAX 408074 4102980364 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET .72 LIQ1 USE TAX 408074 4102980364 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 10.44 RUGS 408074 4102980364 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 42.32 CMF MATS 408411 4103656205 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 52.76 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/8/2021 11:02:07 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311065 12/8/2021 148676 CLAYTON,ALBERT Continued... 175.96 BOOTS-A CLAYTON 408315 20211201 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 175.96 311066 12/8/2021 156916 COBBLESTONE MANOR THIRD ADDITION ASSN 9,000.00 NRMP 8643 134TH ST W 408362 20211129 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 9,000.00 311067 1218/2021 122019 CROWN RENTAL-BURNSVILLE 155.10 CORE DRILL RENTAL 408383 3588572 1680.6310 RENTAL EXPENSE TRAFFIC SIGNS/SIGNALS/MARKERS 7.13 CHAIN SAW PARTS 408382 3594341 1610.6215 EQUIPMENT-PARTS STREET/BOULEVARD REPAIR&MNTC 162.23 311068 12/812021 100123 DAKOTA COUNTY FINANCIAL SERVIC 29.70 DBB LOCATE EXPENSES 408317 42389 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 4,626.18 DAKOTA CO.SIGNAL MAINT.3RD Q 408047 42532 1680.6249 OTHER CONTRACTUAL SERVICES TRAFFIC SIGNS/SIGNALS/MARKERS 4,655.88 311069 12/8/2021 145190 DENN,TRICIA 300.00 DEPOSIT HORSE/WAGON MWF 408075 20211117 1820 6249 OTHER CONTRACTUAL SERVICES REC CULTURAL PROGRAMS 300.00 311070 12/8/2021 100541 DINGMAN,ROGER P 55.00 COLLECTION SYS LICENSE-DINGMAN 408393 20211201 5365.6280 DUES&SUBSCRIPTIONS SEWER MGMT/REPORTS/DATA ENTRY 55.00 311071 12/8/2021 100166 FEDEX 34.34 FEDEX CHARGES 408346 753168878 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 2.06 FEDEX CHARGES 408347 961291831 5105.6349 LATE FEES/FINANCE CHARGES GOLF MANAGEMENT 36.40 311072 1218/2021 150163 GALLS 7.04 HERBRANSON UNIFORMS 408046 19832843 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 7.04 311073 12/8/2021 101328 GOVCONNECTION INC 80.29 LAPTOP POWER ADAPTERS 408415 72176699 1500.6211 SMALL TOOLS&EQUIPMENT PW MANAGEMENT 182.31 COMPUTER MEMORY 408415 72176699 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 100.68 WIRELESS KEYBOARD SETS 408416 72180930 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 363.28 R55CKR2 _.iGIS101 CITY OF AP, JALLEY 12/8/k_ 11:02:07 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311074 12/8/2021 100827 GRAPE BEGINNINGS INC Continued... 324.00 WINE#1 00032379 408216 104051 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 6.75 FREIGHT#1 00032379 408217 104051 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 318.00 LIQ#3 00032379 408218 104144 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 279.00 WINE#3 00032379 408219 104144 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 72.00- CMWINE#3 00032379 408220 104144 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 9.00 FREIGHT#3 00032379 408221 104144 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 864.75 311075 12/8/2021 112352 GREG LESSMAN SALES 12.18 GOLF FREIGHT 408333 72475 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 87.75 GRIPS FOR RESALE 408333 72475 5115.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP 99.93 311076 12/8/2021 100222 HACH COMPANY 17.50 WTP LAB SUPPLIES 408407 12758930 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 17.50 311077 1218/2021 156912 HOWE,SARAH 130.68 UB REFUND 14701 ENDICOTT WAY 408326 20211201A 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 130.68 311078 12/812021 122500 JACOBS,JEROME J 24.97 1 PR JEANS-J JACOBS 408302 20211122 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 24.97 311079 12/8/2021 118232 JOHN DEERE FINANCIAL 1,719.00 BUCKET FOR TRACTOR 408321 E05241 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 107.87 EGR TEMP SENSOR#349 408388 P41316 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE Supplier 10060E FRONTIER AG&TURF 1,826.87 311080 12/8/2021 156914 KARNES ENTERPRISE 263.92 CHAIN SAW CHAIN REPLACEMENT 408409 1080256 1610.6211 SMALL TOOLS&EQUIPMENT STREET/BOULEVARD REPAIR&MNTC 263.92 311081 12/8/2021 120273 KENNEDY&GRAVEN CHARTERED 87.50 CABLE FRANCHISE CONSULTING 408316 164295 2012.6231 LEGAL SERVICES CABLE TV JOINT POWERS 87.50 311082 12/8/2021 145922 KLAUSLER,TIMOTHY WILLIAM R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/8/2021 11:02:07 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311082 12/8/2021 145922 KLAUSLER,TIMOTHY WILLIAM Continued... 94.64 KLAUSLER MILEAGE NOVEMBER 2021 408403 20211130 2012.6277 MILEAGE/AUTO ALLOWANCE CABLE TV JOINT POWERS 94.64 311083 12/8/2021 151278 KLINE,HARRY 49.28 KLINE MILEAGE NOVEMBER 2021 408404 20211119 2012.6277 MILEAGE/AUTO ALLOWANCE CABLE TV JOINT POWERS 49.28 311084 12/8/2021 100646 LAWSON PRODUCTS INC 122.10 PLOW BOLTS/HARDWARE 408375 9309008675 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 49.60 PTO PINS AND WASHERS 408379 9309013173 1610.6215 EQUIPMENT-PARTS STREET/BOULEVARD REPAIR&MNTC 171.70 311085 1218/2021 152819 LIFE SAFETY SYSTEMS,INC 965.10 EDUBLDG-SECURITY SYSTEM 408049 87065 2092.6249 OTHER CONTRACTUAL SERVICES EDUCATION BUILDING FUND 965.10 311086 12/8/2021 141621 MAGELLAN MIDSTREAM PARTNERS,L.P. 1,000.00 NRMP 12101 JC RIDGE RD 408352 20211202 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 1,000.00 311087 1218/2021 100309 MENARDS 213.92 HOCKEY RINK REPAIRS 408417 27120 1725.6229 GENERAL SUPPLIES PARK ICE RINK MAINTENANCE 39.99 BATTERY 408391 27168 1900.6215 EQUIPMENT-PARTS AV COMMUNITY CENTER 37.86 SMALL TOOLS FOR SCOTT 408381 27180 1610.6211 SMALL TOOLS&EQUIPMENT STREET/BOULEVARD REPAIR&MNTC 26 96 PULL LINE,CLOCK,MISC 408419 27209 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 84.94 PROPANE TANK REFILL 408308 27211 5605.6229 GENERAL SUPPLIES CEMETERY 65.94 WARM STORAGE CANOPY 408371 27527 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 6.05- GOLF USE TAX 408337 27569 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 6.05 GOLF USE TAX 408337 27569 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 88.06 GLO TAPE,ADHESSIVE 408337 27569 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 23.52 CMF FENCE REPAIR 408410 27573 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 17.82 TREE WRAP TAPE 408370 27624 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 35.94 TREE GUARDS 408408 27637 1520.6229 GENERAL SUPPLIES NATURAL RESOURCES 634.95 311088 12/8/2021 101749 MET-CON CONSTRUCTION,INC. 145,286.35 LEBANON COVRD SHELTER PMT#6 408350 20211029 5605.6740 2020117G__CAPITAL OUTLAY-MACH/EQ/OTHER CEMETERY 12,123.53 LEBANON COVRD SHELTER PMT#7 408351 20211130 5605.6740 2020117G CAPITAL OUTLAY-MACH/EQ/OTHER CEMETERY 157,409.88 R55CKR2 ...,GIS101 CITY OF AP .ALLEY 12/8/k. 11:02:07 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311089 12/812021 156194 METRO ALARM&LOCK Continued... 241.03 LIQ3 ALARM-JAN-MAR 20022 408385 45560 5000.1560 PREPAID EXPENSES LIQUOR BALANCE SHEET 241.03 LIQ2 ALARM-JAN-MAR 2022 408384 45561 5000.1560 PREPAID EXPENSES LIQUOR BALANCE SHEET 200.00 SERVICE CALL 408052 77109 5065.6269 REPAIRS-OTHER LIQUOR#2 OPERATIONS 682.06 311090 12/8/2021 144980 MN PETROLEUM SERVICE 2,000.00 NRMP 7600 145TH ST W 408365 20211202 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 2,000.00 311091 12/8/2021 156915 MORETTO,JUDY 20.00 REFUND TO HOLIDAY PARTY 408331 34097589 1001.4360 REC-SENIOR PROGRAM REVENUE GENERAL FUND REVENUE 20.00 311092 12/8/2021 100995 NAPA AUTO PARTS 20.23 FUEL FILTER#355 408357 3599147566 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 13.57 FUEL FILTER#350 408386 5763845233 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 16.86 SQUAD OIL FILTERS 408386 5763845233 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 16.86 SQUAD OIL FILTERS 408368 5763845520 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 21.87 CMF COMPRESSOR OIL FILTER 408358 5763845951 1540.6215 EQUIPMENT-PARTS CMF BUILDINGS&GROUNDS MNTC .16- GOLF USE TAX 408336 5763846734 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .16 GOLF USE TAX 408336 5763846734 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 2.31 LAMP 408336 5763846734 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 91.70 311093 12/8/2021 101199 NCPERS MINNESOTA 608.00 NCPERS LIFE IN NOV 2021 408322 314900122021 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 608.00 311094 12/8/2021 109947 NEW FRANCE WINE CO 880.00 WINE#3 00041046 408224 180880 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 20.00 FREIGHT#3 00041046 408225 180880 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 900.00 311095 12/8/2021 156911 OLSON,SUE 506.34 UB REFUND 14465 FLAX WAY 408363 20211201B 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 506.34 311096 12/8/2021 156002 ORIGIN WINE&SPIRITS 288.00 WINE#3 00052759 408228 14084 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 216.00 LIQ#1 00052759 408226 14179 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/8/2021 11:02:07 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311096 12/8/2021 156002 ORIGIN WINE 8 SPIRITS Continued... 36.00- CMLIQ#1 00052759 408227 14179 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 296.00 LIQ#3 00052759 408231 14180 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 20.00- CMLIQ#3 00052759 408232 14180 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 432.00 WINE#3 00052759 408229 14181 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 72.00- CMWINE#3 00052759 408230 14181 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,104.00 311097 12/8/2021 100648 OTTO,KENNETH N 105.00 3 PR JEANS-K OTTO 408303 20211118 1900.6281 UNIFORM/CLOTHING ALLOWANCE AV COMMUNITY CENTER 105.00 311098 12/8/2021 100372 PAUSTIS 8 SONS 784.00 WINE#3 00001291 408241 145523 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 8.75 FREIGHT#3 00001291 408242 145523 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 448.00 WINE#1 00001291 408233 145545 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#1 00001291 408234 145545 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 591.00 WINE#1 00001291 408235 146728 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 7.50 FREIGHT#1 00001291 408236 146728 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 167.00 WINE#2 00001291 408239 146729 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2.50 FREIGHT#2 00001291 408240 146729 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 793.00 WINE#3 00001291 408243 146732 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 11.25 FREIGHT#3 00001291 408244 146732 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 500.00 WINE#1 00001291 408237 147254 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 6.25 FREIGHT#1 00001291 408238 147254 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 87.00 LIQ#3 00001291 408245 148094 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1.25 FREIGHT#3 00001291 408246 148094 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3,412.50 311099 1218/2021 143892 PIRTEK BURNSVILLE 14.14- GOLF USE TAX 408348 BUT00004765 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 14.14 GOLF USE TAX 408348 BUT00004765 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 205.65 HOSE,ASSEMBLY KIT 408348 BUT00004765 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 205.65 311100 12/8/2021 101500 PREMIUM WATERS INC 22.50 WATER 408314 318491288 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 22.50 311101 12/8/2021 154712 ROBERT HALF 948.16 TEMP EE KOVACIC WEEK END 11/12 408048 58840747 1100.6120 EMPLOYMENT AGENCIES DEV MANAGEM R55CKR2 L.iGIS101 CITY OF API-_ GALLEY 12/8/2,. 11:02:07 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311101 12/8/2021 154712 ROBERT HALF Continued... 1,140.76 TEMP EE KOVACIC WEEK END 11/19 408323 58893486 1100.6120 EMPLOYMENT AGENCIES DEV MANAGEMENT 2,088.92 311102 12/8/2021 141325 ROOTSTOCK WINE CO 399.96 WINE#3 00050755 408247 2155065 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 12.00 FREIGHT#3 00050755 408248 2155065 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 411.96 311103 12/8/2021 100756 SAFETY KLEEN 23.14- SHOP SALES TAX ADJUST 408359 87520988 1530.6265 REPAIRS-EQUIPMENT FLEET&BUILDINGS-CMF 23.14 SHOP SALES TAX ADJUST 408359 87520988 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 347 97 PARTS WASHER MAINTENANCE 408359 87520988 1530 6265 REPAIRS-EQUIPMENT FLEET&BUILDINGS-CMF 347.97 311104 1218/2021 132465 SAM'S CLUB DIRECT 1.58- REC SALES TAX ADJUST 408078 20211026 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1.58 REC SALES TAX ADJUST 408078 20211026 1800.6229 GENERAL SUPPLIES REC PROGRAM GENERAL 22.96 TRUNK OR TREAT CANDY 408078 20211026 1800.6229 GENERAL SUPPLIES REC PROGRAM GENERAL 33.96 SWEARING IN NEW OFFICERS 408077 20211028 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 56.92 311105 12/8/2021 137382 SET MULCH 38.50 SWEEPINGS-LEAVES 408341 103072749 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408339 103072771 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408342 103072804 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408344 103073083 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408338 103073090 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408340 103073156 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408343 103073170 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 269.50 311106 12/8/2021 154969 SHERBURNE CONSTRUCTION 2,000.00 NRMP 7668 150TH ST W 408364 20211129 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 2,000.00 311107 12/8/2021 118355 SHI INTERNATIONAL CORP 187.00 WIRELESS KEYBOARD SETS 408310 B14398526 1030.6210 OFFICE SUPPLIES INFORMATION TECHNOLOGY 187.00 311108 12/8/2021 144079 SPIRIT PROMOTIONS LLC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/8/2021 11:02:07 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311108 12/8/2021 144079 SPIRIT PROMOTIONS LLC Continued... 137.44 SHIRTS 408360 1259 5065.6281 UNIFORM/CLOTHING ALLOWANCE LIQUOR#2 OPERATIONS 137.44 311109 12/8/2021 111161 STERICYCLE INC. 22.29 ENGINEERING SHRED-IT 408051 8000469267 1510.6240 CLEANING SERVICE/GARBAGE REMOVPW ENGINEERING&TECHNICAL 22.29 PLANNING SHRED-IT 408051 8000469267 1100.6240 CLEANING SERVICE/GARBAGE REMOVDEV MANAGEMENT 66.88 INSPECTIONS SHRED-IT 408051 8000469267 1400.6240 CLEANING SERVICE/GARBAGE REMOVINSPECTIONS MANAGEMENT 111 46 311110 12/8/2021 147107 SUNBELT RENTALS,INC. 195.31 FLOOR SCRUBBER RENTAL 408335 1199995190001 5110.6310 RENTAL EXPENSE GOLF CLUBHOUSE BUILDING 195.31 311111 12/8/2021 156293 THE WILEY LAW OFFICE,PC 1,665.00 INVESTIGATION 408361 1506 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 1,665.00 311112 12/8/2021 101342 THOMSON REUTERS-WEST 349 20 BACKGROUND CHECKS-NOV 408406 845456261 1215.6249 OTHER CONTRACTUAL SERVICES POLICE DETECTIVE UNIT 349.20 311113 12/8/2021 100490 UNITED STATES GOLF ASSOCIATION 150.00 USGA SUBSCRIPTION 408334 20211202 5105.6280 DUES&SUBSCRIPTIONS GOLF MANAGEMENT 150.00 311114 12/8/2021 100631 VERIZON WIRELESS 10.34 PW WIRELESS DATA 408401 9892130104 1500.6237 TELEPHONE/PAGERS PW MANAGEMENT 11.48 HCSC CELL PHONE NOV 408401 9892130104 1920.6237 TELEPHONE/PAGERS SENIOR CENTER 11.48 PK CELL PHONE NOV 408401 9892130104 1710.6237 TELEPHONE/PAGERS PARK MAINTENANCE MANAGEMENT 11.48 SHOP CELL PHONE NOV 408401 9892130104 1530.6237 TELEPHONE/PAGERS FLEET&BUILDINGS-CMF 19.39 IT WIRELESS DATA 408401 9892130104 1030.6237 TELEPHONE/PAGERS INFORMATION TECHNOLOGY 20.68 CODE WIRELESS DATA 408401 9892130104 1013.6237 TELEPHONE/PAGERS CODE ENFORCEMENT 22.96 CODE CELL PHONE NOV 408401 9892130104 1013.6237 TELEPHONE/PAGERS CODE ENFORCEMENT 22.96 ADM CELL PHONE NOV 408401 9892130104 1010.6237 TELEPHONE/PAGERS ADMINISTRATION 31.02 PK WIRELESS DATA 408401 9892130104 1710.6237 TELEPHONE/PAGERS PARK MAINTENANCE MANAGEMENT 34.44 STR CELL PHONE NOV 408401 9892130104 1600.6237 TELEPHONE/PAGERS STREET MANAGEMENT 34.44 REC CELL PHONE NOV 408401 9892130104 1700.6237 TELEPHONE/PAGERS_ PARK&_RECREATION_MANAGEMENT 34.44 INSP CELL PHONE NOV 408401 9892130104 1400.6237 TELEPHONE/PAGERS INSPECTIONS MANAGEMENT 34.44 ENG CELL PHONE NOV 408401 9892130104 1510.6237 TELEPHONE/PAGERS PW ENGINEERING&TECHNICAL 41.36 INSP WIRELESS DATA 408401 9892130104 1400.6237 TELEPHONE/PAGERS INSPECTIONS P ;EMENT R55CKR2 _.,.IS101 CITY OFAPI /ALLEY 12/8/k. 11:02:07 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311114 12/8/2021 100631 VERIZON WIRELESS Continued... 41.38 ENG WIRELESS DATA 408401 9892130104 1510.6237 TELEPHONE/PAGERS PW ENGINEERING&TECHNICAL 45.92 FIRE CELL PHONE NOV 408401 9892130104 1330.6237 TELEPHONE/PAGERS FIRE OPERATIONS 122.00 REC WIRELESS DATA 408401 9892130104 1700.6237 TELEPHONE/PAGERS PARK&RECREATION MANAGEMENT 155.54 FIRE WIRELESS DATA 408401 9892130104 1330.6237 TELEPHONE/PAGERS FIRE OPERATIONS 175.78 STR WIRELESS DATA 408401 9892130104 1600.6237 TELEPHONE/PAGERS STREET MANAGEMENT 349.00 POL WIRELESS DATA 408401 9892130104 1205.6237 TELEPHONE/PAGERS POLICE RECORDS UNIT 38.78 GOLF WIRELESS DATA 408401 9892130104 5105.6237 TELEPHONE/PAGERS GOLF MANAGEMENT 5.74 UTIL ON-CALL CELL PHONE NOV 408401 9892130104 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 5.74 UTIL ON-CALL CELL PHONE NOV 408401 9892130104 5365.6237 TELEPHONE/PAGERS SEWER MGMT/REPORTS/DATA ENTRY 20.57 UB CELL PHONE NOV 408401 9892130104 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 22.96 UTIL CELL PHONE NOV 408401 9892130104 5365.6237 TELEPHONE/PAGERS SEWER MGMT/REPORTS/DATA ENTRY 22.96 UTIL CELL PHONE NOV 408401 9892130104 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 24.40 UB CELL PHONE NOV 408401 9892130104 5365.6237 TELEPHONE/PAGERS SEWER MGMT/REPORTS/DATA ENTRY 171.00 UTIL WIRELESS DATA 408401 9892130104 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 10.34 STORM WIRELESS DATA 408401 9892130104 5505.6237 TELEPHONE/PAGERS STORM DRAIN MNTC/RPR/SUMPS 34.44 STORM CELL PHONE NOV 408401 9892130104 5505.6237 TELEPHONE/PAGERS STORM DRAIN MNTC/RPRISUMPS 20.68 IA1 WIRELESS DATE IPADS 408405 9892130105 5250.6237 TELEPHONE/PAGERS ARENA 1 CONCESSIONS 10.34 UTIL WIRELESS DATE(PADS 408405 9892130105 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 1,618.48 311115 12/8/2021 100521 WINE MERCHANTS 832.00 WINE#1 00022992 408284 7356234 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 750.00 WINE#3 00022992 408292 7356235 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 368.00 WINE#2 00022992 408289 7356236 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,028.00 WINE#3 00022992 408293 7356237 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 940.00 WINE#1 00022992 408286 7357411 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 476.00 WINE#3 00022992 408294 7357412 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2,140.00 WINE#1 00022992 408287 7358274 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 120.00 TAX#1 00022992 408288 7358275 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 188.00 WINE#2 00022992 408291 7358276 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 264.00 WINE#3 00022992 408295 7358277 5085 6520 WINE LIQUOR#3 STOCK PURCHASES 88.00- WINE#3 00022992 408296 7358277 5085 6520 WINE LIQUOR#3 STOCK PURCHASES 128.00- CMWINE#1 00022992 408285 741150 5015 6520 WINE LIQUOR#1 STOCK PURCHASES 128.00- CMWINE#2 00022992 408290 741151 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 6,762.00 311116 12/8/2021 100363 XCEL ENERGY 71.23 SL ELECTRIC JCRR NORTH CR42 408330 5100130856011NO 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND V21 92.99 SL ELECTRIC-147TH&JCR 408329 5104562347NOV21 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND R55CKR2 LOGI5101 CITY OF APPLE VALLEY 12/8/2021 11:02:07 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 10/22/2021-- 12/10/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311116 12/8/2021 100363 XCEL ENERGY Continued... 145.64 POL GUN RANGE ELECTRIC 408328 5158758142NOV21 1255.6255 UTILITIES-ELECTRIC POLICE GUN RANGE 309.86 20211046 10/22/2021 148841 FURTHER 807.50 PARTICIPANT FEE OCT 2021 408297 20211006 7205.6235 CONSULTANT SERVICES INSURANCE CLAIMS 807.50 20211047 10/29/2021 100009 AFSCME COUNCIL#5 1,154.25 UNION DUES 404872 101321817521 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,154.70 UNION DUES 403935 92921909181 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,308.95 20211144 11/30/2021 100873 HEALTHPARTNERS(DENTAL CLAIMS 3,976.16 DENTAL CLAIMS 11/18-11/24/21 408298 20211124 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,976.16 20211145 11/2212021 100873 HEALTHPARTNERS(DENTAL CLAIMS 3,769.64 DENTAL CLAIMS 11/11-11/17/21 408299 20211117 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,769.64 20211146 11/15/2021 100873 HEALTHPARTNERS(DENTAL CLAIMS 3,347.90 DENTAL CLAIMS 11/4-11/10/21 408300 20211110 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,347.90 20211203 12/8/2021 100038 APPLE VALLEY FIREFIGHTERS RELI 276,887.00 CITY CONTRIBUTION TO FIRE RELI 408301 20211208 1365.6319 REIMBURSEMENT OF REV COLL FOR FIRE RELIEF 276,887.00 904,297.55 Grand Total Payment Instrument Totals Checks 227,807.09 EFT Payments 291,097.15 A/PACH Payment 385,393.31 Total Payments 904,297.55 ?V$ 1 �� 1( L 1 R55CKS2 LOGIS100 CITY OF APPLc VALLEY 12/8/20k 11:02:11 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 10/22/2021- 12/10/2021 Company Amount 01000 GENERAL FUND 296,959.83 02010 CABLE TV RESERVE FUND 428.92 02090 PARTNERS IN EDUCATION 2,495.10 04900 PHYSICAL IMPROVEMENTS ESCROW F 14,000.00 05000 LIQUOR FUND 128,024.82 05100 GOLF FUND 5,803.69 05200 ARENA FUND 97.08 05300 WATER&SEWER FUND 283,295.77 05500 STORM DRAINAGE UTILITY FUND 192.39 05600 CEMETERY FUND LEVEL PROGRAM 157,494.82 05800 STREET LIGHT UTIL FUND 686.98 07100 INSURANCE TRUST DENTAL FUND 11,093.70 07200 RISK MANAGEMENT/INSURANCE FUND 807.50 09000 PAYROLL CLEARING FUND 2,916.95 Report Totals 904,297.55 • ITEM: 5.A. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Regular Agenda Description: Proclaim February 5, 2022, as "Apple Valley Mid-Winter Fest 2022" Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Proclaim February 5, 2022, as "Apple Valley Mid-Winter Fest 2022", and declaring it a community festival. SUMMARY: Approval of the attached proclamation is requested to formally announce the annual Apple Valley Mid-Winter Fest Celebration, scheduled for Saturday, February 5, 2022, at the Johnny Cake Ridge Park. BACKGROUND: A variety of activities for the whole family are planned for the 2022 Mid-Winter Fest. Most events are scheduled for Saturday, February 5, at Johnny Cake Ridge Park. However, co-rec and women's volleyball tournaments will be held on February 12 and 13 at Apple Valley Community Center. Staff invites the public to attend and "Don't Hibernate, Celebrate" with Apple Valley Parks and Recreation. BUDGET IMPACT: Funds within the 2022 Budget have been allocated to support this event, as well as donations from various sponsors. Donations received will be brought to the Council for acceptance at a later date. ATTACHMENTS: Proclamation Presentation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, the City Council feels strongly that winters are here to stay in Apple Valley; and WHEREAS, we are not going to hide from winter, rather we are going to go out and celebrate winter at a Mid-Winter Festival; and WHEREAS, there is no better place to celebrate winter than right here in Apple Valley; and WHEREAS, the activities proposed will foster a sense of individual and community pride within the City; and WHEREAS, the Apple Valley civic organizations,business community, Parks and Recreation Department and Mid-Winter Fest volunteers have joined together to support a wide variety of activities and civic celebration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that February 5, 2022, is hereby proclaimed: "APPLE VALLEY MID-WINTER FEST 2022" The Council further declares this event a community festival and encourages the citizens of Apple Valley to support and attend Mid-Winter Fest events. PROCLAIMED this 21st day of December, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 12/21 /2021 SALE, VALLSE }. MID MHTEE j4-4, giinTJEMN o EOQO Oo 202201 Join us for some outdoor family fun! WHAT'S NEW ? Location: Johnny Cake Ridge Park - West 14255 Johnny Cake Ridge Road Outdoor Event: The entire Mid-Winter Fest celebration will take place outdoors. Please dress appropriately. Activities: Food trucks, live music, fireworks, bag toss tournament, and garden cart train for kids. 1 12/21 /2021 OUTDOOR ACTIVITIES Youth Hockey Presented by AVHA & EVHA Medallion Hunt Food Trucks Beverages - by Rascals and Apple Valley Rotary Club Horse Drawn Wagon/Garden Cart Train Rides Bag Toss Tournament Snowshoeing, Kid's & Family Games Scavenger Hunt Presented By Apple Valley Police & Fire Departments Music by Riverside Hitmen - Sponsored by Apple Valley Arts Foundation Fireworks ACTIVITIES Medallion Hunt A, = ii� - _, ti„:41. 2,;1 __,,_,„ is, 7 t V '''\.- (4 ' li* d Fr Al a I + .st ( \k i , , yeti -;`_�. - � - .i ts,411k . � Wagon Rides 2 12/21 /2021 ACTIVITIES Fireworks by \ j PYRC Riversice -s o , ^ HITM � .,,. ,ir�, ' E ,i11 E gk II ° A , l'i , ? s .7 ": -:-. • S` 5 1 1 a �b 1 li a ii \11 '' ` ' •' ' I I; l \ ' 41 i e • - iIj .., . . THANK YOU TO THE FOLLOWING SPONSORS 4, Apple Valley Arts Foundation Apple Valley Hockey Association Nt,"�Wz . Eastview Hockey Association (.: Rotary Rotary Club of Apple Valley Club of Apple Valley MEMMMMmm • ITEM: 5.B. ..... :�. Appleil COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Regular Agenda Description: Dangerous Dogs and Potentially Dangerous Dogs Staff Contact: Department/ Division: Nick Francis, Police Captain Police Department ACTION REQUESTED: 1. Waive the second reading and pass the ordinance amending Chapter 91 of the City Code, regulating "Animals". 2. Adopt the resolution setting a fee for potentially dangerous and dangerous dog hearings. SUMMARY: Attached for your consideration is an ordinance amending Chapter 91 of the City Code regulating "Animals". Updates were made to the ordinance including changes to bring it within statute and setting a hearing fee for potentially dangerous and dangerous dogs. BACKGROUND: The City has used internal and external resources for potentially dangerous and dangerous dog hearings for a number of years. As we move into the future, these hearings will cost additional time and resources out of the City budget. Most cities charge a hearing fee similar to a court cost to cover the charges for the hearing which includes fees to the hearing officer and staff time to process requests and hearings. Once adopted, the hearing fee can be updated annually at the City's discretion. Other changes include updates to timelines of hearing results and removal of language that was inconsistent with state statute. BUDGET IMPACT: N/A ATTACHMENTS: Ordinance Resolution Presentation CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY,MINNESOTA,REVISING CHAPTER 91 OF THE CITY CODE REGULATING ANIMALS BY MODIFYING THE REQUIREMENTS AND REGULATIONS RELATED TO DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS. The City Council of Apple Valley ordains: Section 1. Chapter 91 of the Apple Valley City Code is amended by revising Section 91.20(B)(1)to read as follows: § 91.20 DANGEROUS AND POTENTIALLY DANGEROUS DOGS. (B) Declaration of potentially dangerous or dangerous dog. (1) A city police officer, community service officer or animal control officer may declare a dog to be potentially dangerous or dangerous when the officer has probable cause to believe that the dog is potentially dangerous or dangerous as defined herein. When declaring a dog dangerous, aA written notice declaring the dog potentially dangerous or dangerous shall be delivered or mailed to the owner of the dog, or a copy thereof posted at the place where the dog is kept, or delivered to a person residing on the property where the dog is kept, and telephoning, if possible. When declaring a dog potentially dangerous, a written notice shall be given to the owner of the dog in the same manner as notice for a dangerous dog, or the notice may be emailed to the owner and the same shall be deemed a sufficient method of service. T e ffcer shall r idea fthe notice se ,ea , „ the dog r7 along with an affidavit of service, to the City Clerk. Section 2. Chapter 91 of the Apple Valley City Code is amended by revising Section 91.20(C)to read as follows: § 91.20 DANGEROUS AND POTENTIALLY DANGEROUS DOGS. (C) Appeal. (1) Any owner of a dog declared potentially dangerous or dangerous may appeal the declaration by serving upon the City Clerk, within 14 business days of receipt of the notice declaring the dog potentially dangerous or dangerous, inclusive of the date the notice is received, a written notice of appeal and paying the non-refundable hearing fee established in the fee schedule adopted by City Council resolution. (2) The appeal hearing shall be heard by the hearing officer within the following timelines following 14 days of the city's receipt of the dog owner's request to appeal the designation:: 14 days for dangerous dog designations; and as soon as practical for potentially dangerous dog designations. The appeal hearing shall be conducted in an informal manner, and 1 the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests transcription. (3) After considering all evidence submitted and within ten days after the hearing, the hearing officer shall make written findings of fact and conclusion as to whether the dog is a potentially dangerous or dangerous dog. The hearing officer's decision related to a dangerous dog designation shall be made within ten days after the heari,g and delivered to the dog's owner by hand delivery or registered mail as soon as practical. The hearing officer's decision related to a potentially dangerous dog designation shall be made within thirty days after the hearing and delivered to the dog's owner by hand delivery, mail, or email as soon as practical. (4) An owner's right to appeal or otherwise contest a potentially dangerous or dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal, as required herein, or fails to appear at the scheduled appeal hearing date. (5) If a dangerous dog or potentially dangerous dog designation is upheld by the hearing officer, the dog owner shall pay the city's actual expenses of the hearing after application of the non-refundable hearing fee to those expenses, not to exceed$1,000. Section 3. Chapter 91 of the Apple Valley City Code is amended by revising Section 91.20(D)to read as follows: § 91.20 DANGEROUS AND POTENTIALLY DANGEROUS DOGS. (D) Requirements for dangerous or potentially dangerous dogs. Immediately upon receipt of the notice declaring the dog potentially dangerous or dangerous, the owner shall confine the dog in a proper enclosure as defined herein and shall notify the city in writing of the dog's subsequent death or relocation. If no timely appeal is received by the City Clerk within the time limits prescribed herein or the dog's owner is deemed to have otherwise waived his or her right to appeal the declaration, or the hearing officer has upheld the declaration, then the owner shall immediately comply with the requirements of this chapter, the provisions of M.S. §§347.50 to 347.565 and the following: (1) Implant a microchip in the dog for identification, and provide to the city the name of the microchip manufacturer and identification number. All costs related to the purchase and implantation of the chip must be paid by the dog's owner; (2) Continue to confine the dog in a proper enclosure; (3) Muzzle and restrain the dog on a substantial leash not to extend more than six feet, whenever outside of the proper enclosure. The muzzle must be made in a manner that will prevent the dog from biting any person or animal, but that will not cause injury to the dog or interfere with its vision or respiration; (4) Notify the Police Department, in writing, of the death, sale, relocation or transfer of the dog within 14 days of the death, transfer, relocation or sale. If requested by the 2 city, the dog's owner shall execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred and the address where the dog has been relocated or is being kept; (5) Present a certificate of liability insurance issued by an insurance company authorized to conduct business in this state, which specifically states that the owner is insured for any personal injuries inflicted by the potentially dangerous or dangerous dog, in the amount of at least $300,000; (6) Provide written proof that the owner's insurance provider has been notified, in writing, of the declaration of the potentially dangerous or dangerous dog; and (7) A dangerous dog shall be sterilized at the owner's expense. If the owner does not have the animal sterilized and provide the city verification thereof within 30 days, the city shall seize the dog and have it sterilized at the owner's expense. The owners of all dogs found to be dangerous or potentially dangerous by another city or jurisdiction must notify the Police Department with 14 days of moving into the city, and must follow the requirements of§ 91.20(D). All dogs declared dangerous shall be housed or kept only on property zoned industrial (I- 1 and I-2). The owner shall not allow the dog, whether muzzled or in its proper enclosure, to be found in any area not zoned industrial. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. " a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 5. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 6. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 7. Effective date. This ordinance shall take effect upon its passage and publication of its title and the official summary. 3 PASSED by the City Council this day of , 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY,MINNESOTA,REVISING CHAPTER 91 OF THE CITY CODE REGULATING ANIMALS BY MODIFYING THE REQUIREMENTS AND REGULATIONS RELATED TO DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS. The following is the official summary of Ordinance No. passed by the City Council of Apple Valley on , 2021: Chapter 91 of the City Code is revised to allow the City to notify by email a dog owner that his or her dog was declared potentially dangerous by the City. The time requirements for holding a hearing and filing a decision for the appeal of a potentially dog declaration are modified. The requirement for the payment of a non-refundable hearing fee is established for appealing the declaration of a dog as dangerous or potentially dangerous. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. 5 CITY OF APPLE VALLEY RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE 2022 FEE SCHEDULE WHEREAS, the Apple Valley City Council ("City Council") adopted Ordinance No. on , 2021, requiring a non-refundable hearing fee for the appeal of dangerous dog and potentially dangerous dog declarations; and WHEREAS, the purpose of the non-refundable hearing fee is to defray the cost of the appeal; and WHEREAS, Chapter 35 of the City Code of Ordinances provides for fees to be established by City Council resolution; and WHEREAS, the City Council adopted the 2022 Fee Schedule by approving Resolution No. at is meeting of December 9, 2021; and WHEREAS, an amendment to the 2022 Fee Schedule is necessary to incorporate therein the non-refundable hearing fee established by Ordinance No. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the 2022 fee Schedule shall be amended by adding the following which shall be effective immediately: Description Current Required by Fees Section Non-Refundable Hearing Fee $250.00 91.20(C)(1) ADOPTED this 21st day of December, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Chapter 91. 20 12/17/2021 Dangerous and Potentially Dangerous Dogs December 23, 2021 Apple Valley History • The dangerous and potentially dangerous dog ordinance dates back to 2002. • Apple Valley's Ordinance is supplemented by state statutes 344.50 through 347.565 • Changes have been made to dangerous dog ordinances over time most recently allowing for changes to assignment of a hearing officer Community Development Director Minnesota Humane Society 1 12/17/2021 Proposed Changes 11 p g • Proposed changes include: • Updating language to allow for digital exchange of information and appeal notices • Updating hearing date timelines • Dangerous dog (14 days) vs potentially dangerous dog (as soon as practical) • Updating finding date timelines • Dangerous dog (10 days) vs potentially dangerous dog (30 days) • Adding a non-refundable hearing fee similar to a court fee to cover costs of hearings **Proper notice was posted on the city website Hearing Fee • Why a hearing fee? • Holding the hearings have a cost associated to them which will continue to rise over time. In the future we may accrue additional costs for the hearing officer themselves. • Fees are common for any practice where hearings are held or judgements are made • Proposing a $250 fee. Other Dakota County fee examples include: • Adoption Petition fee=$372 • Child Protection Paper filing fee=$297 • Child Support filing fee=$347 • HRO filing fee=$297 • Filing an Eviction Action=$297 2 12/17/2021 Requested Action 1 1. Pass Ordinance Amending Chapter 91 of the City Code, Regulating Animals (Recommend Waiving Second Reading) 2. Adopt Resolution Setting Hearing Fee Questions ? Apple I Val ey 3 • ••• ITEM: 7. ..... .... Apple COUNCIL MEETING DATE: December 21, 2021 Valley SECTION: Calendar of Upcoming Events Description: Approve Calendar of Upcoming Events Staff Contact: Department/ Division: Stephanie Marschall, Deputy City Clerk City Clerk's Office ACTION REQUESTED: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the City Council. SUMMARY: Day/Date Time Location Event Tue./Dec. 21 11:00 a.m.-1:15 Senior Center Apple Valley Seniors Holiday p.m. Party Tue./Dec. 21 6:15 p.m. Municipal Center EDA Meeting Tue./Dec. 21 7:00 p.m. Municipal Center Regular City Council Meeting Thur./Dec. 23 City Offices Christmas Holiday Floater Closed Fri./Dec. 24 City Offices Christmas Holiday Observed Closed City Fri./Dec. 31 Closedices New Year's Day Observed Wcd./Jan. 5 7:00 p.m. Municipal Ccntcr CANCELED Thur./Jan. 6 6:00 p.m. Municipal Center Informal Parks & Recreation Advisory Committee Meeting Thur./Jan. 6 7:00 p.m. Municipal Center Regular Parks & Recreation Advisory Committee Meeting Wed./Jan. 12 7:00 p.m. Municipal Center Traffic Safety Advisory Committee Meeting Thur./Jan. 13 5:30 p.m. Municipal Center Informal City Council Meeting Thur./Jan. 13 7:00 p.m. Municipal Center Regular City Council Meeting Mon./Jan. 17 City Offices Martin Luther King Jr. Day Closed Tue./Jan. 18 2:00 p.m. Municipal Center Cemetery Advisory Committee Meeting Wed./Jan. 19 7:00 p.m. Municipal Center Planning Commission Meeting Thur./Jan 20 7:30 a.m. Eagan Community MLC Legislative Breakfast Center Meeting Wed./Jan 26 9:00 a.m. Municipal Center Firefighters Relief Association Board Meeting Thur./Jan. 27 6:00 p.m. Municipal Center EDA Meeting Thur./Jan. 27 7:00 p.m. Municipal Center Regular City Council Meeting BACKGROUND: Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. BUDGET IM PACT: N/A