HomeMy WebLinkAbout05/07/2013 Special Meeting .�.
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city of App�e
Va��ey
MAY 7, 2013
CITY COUNCIL SPECIAL INFORMAL MEETING TENTATIVE DISCUSSION ITEMS
5:30 P.M.
1. Beyond the Yellow Ribbon Sign Ceremony. (45 min — Liquor Store No. 3 Parking Lot)
2. Adj ourn.
CITY COUNCIL SPECIAL REGULAR MEETING TENTATIVE AGENDA
7:00 P.M.
1. Call to Order and Pledge.
2. Approval of Agenda.
3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda.
4. Approval of Consent A�enda Items *: �
*A. Approve Minutes of April 25, 2013, Regular Meeting.
*B. Proclaim May 5 through 11, 2013, as "Drinking Water Week".
*C. Adopt Resolution Appointing Mitchell Scott to Traffic Safety Advisory Committee.
*D. Authorize Submittal of Community Oriented Policing Services (COPS) Grant Application for
Fiscal Year 2013 COPS Hiring Program (CHP).
*E. Accept Planning Commission Finding that the Acquisition for Expansion of the Lebanon
Cemetery is Consistent with the 2030 Comprehensive Plan.
*F. Approve Change in Cost Participation for Cedar Avenue Transit Way for Additional Work
Associated with Sanitary Sewer Improvements.
*G. Adopt Resolution Awarding Energy Savings Perfortnance Contract to Ameresco, Inc.
*H. Approve Joint Powers Agreement with Dakota County for AV Project 2013-105, 2013 Dakota
County Overlay.
*I. AV Project 2013-136, Cortland 2nd Addition:
* l. Approve Engineering Design Agreement with D. R. Horton, Inc.-Minnesota.
*2. Approve Private Installation Agreement with D. R. Horton, Inc.-Minnesota.
*J. Approve First Amendment to Cortland Park and Ponding Agreement with Palm Realty, Inc.
*K. Authorize Professional Services with Automatic Systems Company far AV Project 2013-143,
2013 Lift Station Control and SCADA Upgrades.
*L. Approve License Agreement with Uponor NA Asset Leasing, Inc., for Improvements within
an Easement on Lot 1, Block 1, Wirsbo Third Addition.
* Items marked with an asterisk (*) 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.
(continued on reverse side)
4. Approval of Consent A�enda Items *- Continued:
*M. Approve Intergovernmental Agreement with Metropolitan Council for 2013 Citizen Assisted
Lake Monitoring Program.
*N. Approve Contract with Champion Coatings, Inc., for AV Project 2013-141, Hydrant
Reconditioning and Painting.
* O. Approve Change Order No. 2 to AV Proj ect 2011-107, 147th Street Extension - Add
$24,335.00.
*P. Approve Personnel Report.
*Q. Set Special Informal Meeting on June 13, 2013, at 4:30 p.m.
5. Re ular A�enda Items:
A. Dog Day Getaway, 14607 Felton Court, Suites 101 to 103:
1. Resolution Approving Finding a Dog Daycare Facility is a Similar Use to an Animal
Clinic.
2. Resolution Approving Conditional Use Permit for Outdoor Pet Relief Area in Connection
with a Dog Daycare Facility.
6. Other Staff Items.
7. Council Items and Communications.
8. Calendar of Upcoming Events.
9. Claims and Bills.
10. Adj ourn.
NEXT REGULARLY SCHEDULED MEETINGS:
Thursday May 23 6:00 p.m. (Special Informal) Apple Grove Park
" " 7:00 p.m. (Regular)
Thursday June 13 5:30 p.m. (Informal)
" " 7:00 p.m. (Regular)
Thursday June 27 7:00 p.m. (Regular)
Regular meetings are broadcast, live, on Charter Communications Cable Channel 16.
(Agendas and meeting minutes are also available on the City's Internet Web Site
www. cityofapplevalley. or�
Meeting Location: Municipal Center
City of
7100 147th Street West
Apple Valley, Minnesota 55124
UPDATE OF CITY COUNCIL SPECIAL MEETING ACTIONS
MAY 7, 2013
3. Audience - For Items NOT on this Agenda - No one requested to speak.
4. Approved All Consent Agenda Items *:
*A. Approve Minutes of April 25, 2013, Regular Meeting.
*B. Proclaim May 5 through 11, 2013, as “Drinking Water Week”.
*C. Adopt Resolution Appointing Mitchell Scott to Traffic Safety Advisory Committee.
*D. Authorize Submittal of Community Oriented Policing Services (COPS) Grant Application for
Fiscal Year 2013 COPS Hiring Program (CHP).
*E. Accept Planning Commission Finding that the Acquisition for Expansion of the Lebanon
Cemetery is Consistent with the 2030 Comprehensive Plan.
*F. Approve Change in Cost Participation for Cedar Avenue Transit Way for Additional Work
Associated with Sanitary Sewer Improvements.
*G. Adopt Resolution Awarding Energy Savings Performance Contract to Ameresco, Inc.
*H. Approve Joint Powers Agreement with Dakota County for AV Project 2013-105, 2013 Dakota
County Overlay.
*I. AV Project 2013-136, Cortland 2nd Addition:
*1. Approve Engineering Design Agreement with D. R. Horton, Inc.-Minnesota.
*2. Approve Private Installation Agreement with D. R. Horton, Inc.-Minnesota.
*J. Approve First Amendment to Cortland Park and Ponding Agreement with Palm Realty, Inc.
*K. Authorize Professional Services with Automatic Systems Company for AV Project 2013-143,
2013 Lift Station Control and SCADA Upgrades.
*L. Approve License Agreement with Uponor NA Asset Leasing, Inc., for Improvements within
an Easement on Lot 1, Block 1, Wirsbo Third Addition.
*M. Approve Intergovernmental Agreement with Metropolitan Council for 2013 Citizen Assisted
Lake Monitoring Program.
*N. Approve Contract with Champion Coatings, Inc., for AV Project 2013-141, Hydrant
Reconditioning and Painting.
*O. Approve Change Order No. 2 to AV Project 2011-107, 147th Street Extension - Add
$24,335.00.
*P. Approve Personnel Report.
*Q. Set Special Informal Meeting on June 13, 2013, at 4:30 p.m.
* Items marked with an asterisk (*) 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.
(continued on reverse side)
5. Regular Agenda Items:
A. Dog Day Getaway, 14607 Felton Court, Suites 101 to 103:
1. Adopted Resolution Approving Finding a Dog Daycare Facility is a Similar Use to an
Animal Clinic.
2. Adopted Resolution Approving Conditional Use Permit for Outdoor Pet Relief Area in
Connection with a Dog Daycare Facility.
6. Other Staff Items.
7. Council Items and Communications - Ms. Sarah Carrero, of MaxaMom Events, provided
information about their organization and invited the public to attend a May 5K in Farmington on
May 18, 2013.
8. Approved Calendar of Upcoming Events.
9. Approved Claims and Bills.
NEXT REGULARLY SCHEDULED MEETINGS:
Thursday May 23 6:00 p.m. (Special Informal)
Apple Grove Park
“ “ 7:00 p.m. (Regular)
Thursday June 13 5:30 p.m. (Informal)
“ “ 7:00 p.m. (Regular)
Thursday June 27 7:00 p.m. (Regular)
Regular meetings are broadcast, live, on Charter Communications Cable Channel 16.
(Agendas and meeting minutes are also available on the City’s Internet Web Site
www.cityofapplevalley.org)
4.A
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 25, 2013
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held Apri125th, 2013, at 7:00 o'clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and
Hooppaw.
ABSENT: None.
City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, Parks and Recreation Director Bernstein, Public Works Director Blomstrom,
Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg,
City Planner Lovelace, City Engineer Manson, Police Captain Marben, and Community
Development Director Nordquist.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge
of Allegiance led by Boy Scouts Sawyer Gardner, Ethan Graham, Gerritt Graham, Hayden
Graham, Ethan Hogge, M� Korth, Tyler Payne, Bryant Ruff, Alex Suarez, and Juan Suarez,
fromTroop 508.
APPROVAL OF AGENDA
MOTION: of Hooppaw, seconded by Goodwin, approving the agenda for tonight's meeting, as
presented. Ayes - 5- Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting's agenda. No one requested to speak.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Goodwin, seconded by Bergman, moving item 4.B.1 — Adopt Resolution Setting
Public Hearing at 7:00 p.m. on May 23, 2013, on 2013 Special Assessment Roll
No. 616, $177,413.89 — Delinquent Utilities Accounts to the regular agenda, and
approving the remaining items on the consent agenda. Ayes - 5- Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting
of April 11, 2013, as written. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Apri125, 2013
Page 2
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2013-69 approving
2013 Special Assessment Roll No. 617, for hearing purposes, in the total amount of
$3,354.00 for delinquent false alarm charges, and setting the public hearing, at 7:00
p.m., on May 23, 2013. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2013-70 approving
2013 Special Assessment Roll No. 618, for hearing purposes, in the total amount of
$2,064.42 for delinquent tree removal and trash clean up charges, and setting the
public hearing, at 7:00 p.m., on May 23, 2013. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the 2013 Goal Setting Workshop
Suminary as attached to the City Administrator's memo dated Apri122, 2013.
Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2013-71 approving
submitting to the Metropolitan Council an amendment to the 2030 Land Use Map
of the Comprehensive Guide Plan re-designating the west 26.77 acres of the
Southwest 1/4 of the Southeast 1/4 of Section 35 from "MD" (Medium Density
Residential/6-12 units per acre) to "LD" (Low Density Residential/2-6 units per
acre, west of Quarry Point Park. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Grant Contract with the
Minnesota Department of Natural Resources for harvesting curlyleaf pondweed
from Farquar Lake, as attached to the Natural Resources Coordinator's memo dated
Apri125, 2013. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Joint Powers Agreement with
Dakota County for cost share related to the purchase of digital aerial photography,
in the amount of $1,388.00, as attached to the Public Works Director's memo dated
Apri122, 2013, and authorizing the Mayor and City Clerk to sign the same. Ayes -
5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the License Agreement with D. R.
Horton, Inc.-Minnesota to allow for construction of a residential monument sign
and installation of landscaping in Eagle Bay Drive right of way, Cortland Addition,
as attached to the City Planner's memo dated Apri122, 2013, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the contract for AV Project 2013-
129, 2013 Concrete Removal and Replacement Services, to Ron Kassa
Construction, Inc., in the amount of $20,440.00, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Apri125, 2013
Page 3
MOTION: of Goodwin, seconded by Bergman, approving the Engineering Consulting
Agreement with Braun Intertec Corporation for Geotechnical Engineering Services,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Engineering Consulting
Agreement with Northern Technologies, Inc., for Geotechnical Engineering
Services, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5-
Nays - 0.
MOTION: of Goodwin, seconded by Bergman, authorizing Engineering Consultant Services
� with KLM Engineering, Inc., for AV Project 2013-106, Nordic Reservoir
Intermediate Rehabilitation, in the amount of $27,595.00, and authorizing the
Public Works Director to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract
with Master Electric Company, Inc., for AV Project 2012-155, Well 11 Electrical
Upgrades, in the amount of an additional $2,590.00. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, accepting Valleywood Clubhouse Project
#2600 — Electrical and Fire Alarm, as complete and authorizing final payment on
the contract with Schammel Electric, Inc., in the amount of $11,226.70. Ayes - 5-
Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving hiring the seasonal employees,
promotion of employees, and resignation of employees, as listed in the Personnel
Report dated Apri125, 2013. Ayes - 5- Nays - 0.
END OF CONSENT AGENDA
SET HEARING ON 2013 SPECIAL ASSESSMENT ROLL NO. 616
Councilmember Grendahl questioned how long the City must wait before it can clear snow from a
sidewalk in front of a foreclosed home and assess the property.
Mr. Nordquist stated the City can begin notifying property owners 48 hours following the snowfall
event. Following notification, property owners are given five days to clear the sidewalk.
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Mr. Dougherty clarified there is a statutory notification requirement in order to assess for the snow
removal.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2013-68 approving
2013 Special Assessment Roll No. 616, for hearin oses in the total amount of
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$177,413.89 for delinquent utility charges, and setting the public hearing, at 7:00
p.m., on May 23, 2013. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Apri125, 2013
Page 4
VOLUNTEER RECOGNITION WEEK
Mayor Hamann-Roland acknowledged Parks and Recreation Advisory Committee Member
Patrick Sullivan, Jr., and Traffic Safety Advisory Committee Members Todd Blomstrom, Charles
Grawe, and Michael Marben who were in the audience as well as those who were present at the
volunteer recognition reception prior to the meeting. She thanked all of the Commissioners,
Committee Members, and other City volunteers for their generous commitment of time, energy,
education, and skills which help make Apple Valley a quality community. She recommended the
City Council proclaim April 15 through Apri121, 2012, as "Volunteer Recognition Week" in
Apple Valley.
MOTION: of Grendahl, seconded by Goodwin, proclaiming Apri121 through Apri127, 2013,
as "Volunteer Recognition Week" and thanking all those who contribute their time,
talent, and energy to the community. Ayes - 5- Nays - 0.
Mayor Hamann-Roland stated a service award will be presented to Parks and Recreation Advisory
Committee Member Lee Strom when he arrives.
COBBLESTONE LAKE COMMERCIAL 3RD ADDTION VACATION HEARING
Mr. Lovelace reviewed the request by South Shore Development, Inc., for a vacation of park,
sidewalk, trail, and drainage and utility easement over Outlot I, Cobblestone Lake Commercial3rd
Addition. He recommended the public hearing be opened and closed with no action this evening.
Mayor Hamann-Roland called the public hearing to order, at 7:18 p.m., to consider vacating park,
sidewalk, trail, and drainage and utility easement over Outlot I, Cobblestone Lake Commercial 3rd
Addition. The Mayor asked for questions or comments from the Council and the public. There
were none and the hearing was declared closed at 7:19 p.m.
ORDINANCE AMENDING ALCOHOLIC BEVERAGE LICENSE APPLICATIONS
Ms. Gackstetter gave the second reading of an ordinance amending Chapter 111 of the City Code
regulating Alcoholic Beverages. The proposed language amends Section 111.23, Application
Procedure; Renewals; and Section 111.34, Change in Ownership or Character of Business;
Validity. Due to discussion at the first reading, the waiting period following a denial of a new or
renewal license has been left blank and will need to be filled in by the City Council. She noted no
comments have been received following the first reading.
Mayor Hamann-Roland noted Committee Member Lee Strom just arrived and suggested
completing that item at this time.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Apri125, 2013
Page 5
VOLLJNTEER RECOGNITION WEEK - Resumed
Mayor Hamann-Roland presented Committee Member Lee Strom with a marble apple clock for
ten years of service on the Parks and Recreation Advisory Committee.
The Council congratulated and thanked Mr. Strom for his service to the City.
ORDINANCE AMENDING ALCOHOLIC BEVERAGE LICENSE APPLICATIONS - Resumed
The Council held discussion.
MOTION: of Goodwin, seconded by Grendahl, under Section 2, setting the waiting period
following a denial at six months and passing Ordinance No. 944 amending
Chapter ll 1 of the City Code regulating Alcoholic Beverages.
Discussion continued.
Vote was taken on the motion. Ayes - 5- Nays - 0.
URBAN AFFAIRS ADVISORY COMMITTEE RESIGNATION
Ms. Gackstetter reviewed her memo, dated Apri122, 2013, regarding the resignation of Committee
Member Shirley Doering, creating a vacancy on the Urban Affairs Advisory Committee with a term
expiring March 1, 2016. She recommended the Council extend an invitation to individuals interested
in serving on the Urban Affairs Advisory Committee to submit an application to her by May 31, 2013.
Appointment could then be made in June.
MOTION: of Goodwin, seconded by Bergman, accepting the resignation of Urban Affairs
Advisory Committee Member Shirley Doering and thanking her for her dedicated
service to the City of Apple Valley; and directing staff to post the Urban Affairs
Advisory Committee vacancy and inviting individuals interested in serving on the
Committee to submit an application to the City Clerk by May 31, 2013. Ayes - 5-
Nays - 0.
STAFF ITEMS
Mr. Blomstrom provided an update on various road and construction projects.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Goodwin, the calendar of upcoming events as included in
the City Clerk's memo dated Apri122, 2013, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Apri125, 2013
Page 6
CLAIMS AND BILLS
MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers
dated April 18, 2013, in the amount of $796,543.00; and Apri125, 2013, in the
amount of $436,235.13. Ayes - 5- Nays - 0.
MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5- Nays - 0.
The meeting was adjourned at 7:47 o'clock p.m.
Respectfully Submitted,
�I��YYI.�Q� O�C,IPiO�J
Pamela J. Gac stetter, City Clerk
Approved by the Apple Valley City Council on
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City of App�e
Va��ey MEMO
Public Works Deparhnent
TO: Mayor, City Council, and City Administrator
FROM: Carol Blommel Johnson, Public Works Superintendent
DATE: May 7, 2013
SUBJECT: DRINKING WATER WEEK PROCLAMATION
Attached is a Drinking Water Week Proclamation for the City Council's consideration. The
proclamation recognizes drinking water as a valuable natural resource for residents. Citizens are
reminded of the importance of water for public health protection, fire protection, support for the
economy, and our quality of life. The proclamation ca11s upon citizens of Apple Valley to help
protect our water resources to ensure that future generations will enjoy the benefits of safe drinking
water.
Recommended Action:
Proclaim May 5 through May 11, 2013, as Drinking Water Week in the City of Apple Valley.
CBJ:jcb
Attachment
c: Todd Blomstrom
CITY OF APPLE VALLEY
PROCLAMATION
WHEREAS, water is a valuable natural resource in Apple Valley, delivering public
health protection, fire protection, support for our economy, and the quality of life we enjoy; and
WHEREAS, measures of a successful society such as low mortality rates, economic
growth and diversity, productivity, and public safety are in some way related to access to safe
water; and
WHEREAS, consumption of tap water as an alternative to bottled water is a safe and cost
effective practice that consumes less energy and produces less plastics in the environment; and
WHEREAS, we are all stewards of the environment and water infrastructure upon which
future generations depend.
NOW, THEREFORE, the City Council of Apple Valley, Dakota County, Minnesota,
does hereby proclaim the week of May 5 through May 11, 2013, as:
DRINKING WATER WEEK
in Apple Valley and calls upon each citizen of Apple Valley to help protect our source waters �
from pollution, to practice water conservation, and to get involved in local water issues.
PROCLAIMED this 7th day of May, 2013.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
PROCLAMATION
WHEREAS, water is a valuable natural resource in Apple Valley, delivering public
health protection, fire protection, support for our economy, and the quality of life we enjoy; and
WHEREAS, measures of a successful society such as low mortality rates, economic
growth and diversity, productivity, and public safety are in some way related to access to safe
water; and
WHEREAS, consumption of tap water as an alternative to bottled water is a safe and cost
effective practice that consumes less energy and produces less plastics in the environment; and
WHEREAS, we are all stewards of the environment and water infrastructure upon which
future generations depend.
NOW, THEREFORE, the City Council of Apple Valley, Dakota County, Minnesota,
does hereby proclaim the week of May 5 through May 11, 2013, as:
DRINKING WATER WEEK
in Apple Valley and calls upon each citizen of Apple Valley to help protect our source waters
from pollution, to practice water conservation, and to get involved in local water issues.
PROCLAIMED this 7th day of May, 2013.
_ G��
Mar Ha nn land, ayor
ATTEST:
�"G1�Y� 0� - �Q,M�J
Pamela J. Gacks er, Crty Clerk
�t. C
M E M O R A N D U M
TO: Mayor, City Council, and City Administrator Tom Lawell
FROM: Jon Rechtzigel, Police Chief
DATE: May 2, 2013
SUBJECT: Traffic Safety Advisory Committee Appointment
Captain Michael Marben had been the Patrol Captain. As such, he was assigned
to be the police department representative on the Traffic Safety Advisory
Committee since August of 2011. Captain Marben is now assigned to be
Support Services Captain. Newly appointed Captain Mitchell Scott is now
responsible for the Patrol Division. Since traffic safety is primarily a patrol
function, Captain Scott should replace Captain Marben as the police department
representative on the Traffic Safety Advisory Committee.
Recommendation
It is our recommendation that Captain Mitchell Scott be named to replace
Captain Michael Marben as the police department representative on the Traffic
Safety Advisory Committee.
Action Required:
Adopt the resolution appointing Captain Scott as the police department
representative on the Traffic Safety Advisory Committee.
CITY OF APPLE VALLEY
RESOLUTION �TO. 2013-
RESOLUTION APPOINTING TRAFFIC SAFETY ADVISORY COMMITTEE MEMBER
WHEREAS, Section 32.02 of the Apple Valley City Code, as amended, provides for
appointment by the City Council of inembers of the Traffic Safety Advisory Committee; and
WHEREAS, the Police Department Patrol Captain typically serves on the Traffic Safety
Advisory Committee; and
WHEREAS, a vacancy now exists on the Traffic Safety Advisory Committee due to the
reassignment of Police Captain Michael Marben to Support Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that Police Captain Mitchell Scott is hereby appointed to the
Traffic Safety Advisory Committee.
BE IT FURTHER RESOLVED that members of the Traffic Safety Advisory Committee
are then as follows:
Name Term Expires
1. Mitchell Scott March l, 2014
2. Arthur Zimmerman March 1, 2014
3. Charles Grawe March 1, 2015
4. Laura Turek March l, 2015
5. Todd Blomstrom March 1, 2016
6. Linda Dolan March 1, 2016
7. Joe Shaw March l, 2016
ADOPTED this 7th day of May, 2013.
Mary Hamann-Roland, Mayor
ATTEST:
I
Pamela J. Gackstetter, City Clerk
4.D
M E M O R A N D U M
TO: Mayor, City Council, and City Administrator Tom Lawell
FROM: Police Captain Michael Marben
DATE: May 2, 2013
SUBJECT: United States Department of Justice Grant Opportunity
The United Stated Department of Justice's Office of Community Oriented Policing Services
(COPS) announced on Apri122, 2013 that they are accepting grant applications for the Fiscal
Year (FY) 2013 COPS Hiring Program (CHP) for the hiring and rehiring of additional career law
enforcement officers in an effort to create and preserve jobs and increase their community
policing capacity and crime prevention efforts. The application deadline for the CHP is May 22,
2013. CHP is a competitive grant program with limited funding available nationally.
Under the FY 2013 CHP, awardees may receive up to 75 percent of the approved entry-level
officer salary and fringe benefit costs, with a minimum 25 percent local cash match requirement
and a maximum federal share of $125,000 per officer position over a three-year grant period. The
CHP requires that each position awarded be retained with local funds for a minimum of 12
months at the conclusion of 36 months of federal funding.
Under the FY 2013 CHI', applicants will receive additional consideration for funding if they:
Commit to hire at least one military veteran; or
Utilize the position in a strategy to reduce violent crime and gun violence; or
Hire and deploy additional School Resource Officers (SRO).
Recommendation
The Police Department is recommending that we pursue this grant opportunity and make
application for the available funding.
Action Required
Authorizing the submittal of a grant application for the United Stated Department of Justice's
Office of Community Oriented Policing Services (COPS) Fiscal Year 2013 COPS Hiring
Program which requires a minimum 25 percent local cash match requirement and a maYimum
federal share of $125,000 per off'icer position during the three-year grant period.
"' Agenda Item : L,, E
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City of A{��e
Va��ey
MEMO
Community Development Deparhnent
TO: Mayor, City Council, and City Administrator
FROM: Thomas J. Lovelace, City Planner
DATE: May 3, 2013 ,
SUBJECT: Accept Planning Commission Finding that the Acquisition of Land for Expansion of Lebanon '
Cemetery is Consistent with the Apple Valley 2030 Comprehensive Plan '
PROJECT I ',
NO.: PC13-24-P '�
Attached is an executed Planning Commission resolution finding that the proposed acquisition of approximately
three (3) acres by the City for expansion of Lebanon Cemetery is consistent with the Apple Valley 2030
Comprehensive Plan. The property to be acquired is located directly east of the existing cemetery, which is
located at the southeast corner of CSAH 42 and Pilot Knob Road.
The Apple Valley 2030 Comprehensive Plan is the tool the City uses for guiding the growth, continued
development and improvement in Apple Valley. Two components of the Plan are the Land Use Chapter and
Capital Improvements Plan. The Land Use Chapter is a tool the City uses to guide the form and location of
future growth, and includes a section stating that "the City will explore the expansion of the City Cemetery east
and south of Pilot Knob Road and County Road 42".
Also, contained within the Comprehensive Plan is the City's Capital Improvements Plan (CIP), which is included
as an appendix. The CIP is a planning document that is intended to assist the City's policy makers and staff to
plan for major capital improvement, renewal, and replacement expenditures. As a planning document, the CIP
facilitates two distinct planning purposes. First, the CIP is a tool with which to implement the City's
Comprehensive Guide Plan. As the City looks at future projects, it is important to make sure that they will
appropriately integrate with the Comprehensive Guide Plan. Second, the CIP is a financial planning document.
As many capital purchases are made in various dollar amounts in various periods of time, it is important to
appropriately plan so that the necessary funding mechanisms are available as expenditures take place.
The proposed acquisition property is currently designated "INS" (Institutional) on the 2030 Comprehensive Plan
Land Use Map and zoned "P" (Institutional). The proposed cemetery use would be consistent with City's Land
Use and Zoning Map designations. Also, the CIP has identified the purchase of the subject property for cemetery
expansion as a capital expenditure.
The Planning Commission reviewed this item at their May 1, 2013, meeting and voted unanimously to approve
the resolution finding that the acquisition of the property for the Lebanon Cemetery expansion is consistent
with the Apple Valley Comprehensive Plan; and the City Council shall be notified of their decision.
Recommended Action: A motion to accept the Planning Commission's finding that the acquisition of this
real property for the expansion of the Lebanon Cemetery is consistent with the Apple Valley
Comprehensive Plan.
CITY OF APPLE VALLEY
PLANNING COMMISSION RESOLUTION NO. 2013-1
RESOLUTION PURSUANT TO MINNESOTA STATUTES SECTION 462.356
FOR LEBANON CEMETERY PROPERTY ACQUISITION
CONFORIVIANCE TO THE APPLE VALLEY COMPREHENSIVE PLAN
WHEREAS, Minnesota Statutes Section 462.356, Subdivision 2, charges the Planning
Commission with the review of any City action relating to the acquisition or disposal of City owned
interest in real property or the authorization of any capital improvement to determine such action's .
compliance with the local Comprehensive Plan; and
WHEREAS, The City is considering an action related to said Statute, specifically the
acquisition of the property far the expansion of the Lebanon Cemetery; and
WHEREAS, Plamling Commission review of such action finds that it is consistent with the
goals, policies and implementation procedures of the Apple Valley Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Apple
Valley that the City Council of Apple Valley be advised that the proposed acquisition of the
property for the expansion of Lebanon Cemetery is found to be in conformance with the
Comprehensive Plan.
ADOPTED this 1 st day of May, 2013.
�.,_._,
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City of AppVa��e
y MEMO
Public Works Department
TO: Mayor, City Council and City Administrator
FROM: Colin G. Manson, City Engineer
DATE: May 7, 2013
SUBJECT: CHANGE IN COST PARTICIPATION FOR CEDAR AVENUE
TRANSITWAY FOR ADDITIONAL WORK ASSOCIATED WITH
SANITARY SEWER IMPROVEMENTS
The Cedar Avenue Transit Way project includes the vertical adjustment of sanitary manhole
castings in preparation for wear course paving. During inspection of the existing sanitary sewer
manhole castings that were in place prior to the beginning of Cedar Avenue construction, Public
Works staff identified approximately 25 castings that are improperly sized for their respective
manholes. Due to this issue, the rings that support the castings are prone to premature failure. In
order to correct the problem, staff recommends the existing castings be replaced with the
appropriately sized castings.
Staff is requesting City Council approve the replacement of the castings. The total estimated cost
of the proposed revision is $16,250. The City funding sources for the project are adequate to cover
the recommended additional work.
Recommended Action
Approve Change in Cost Participation for the Cedar Avenue Transitway Project for Additional
Work Associated with Sanitary Sewer Improvements, Totaling $16,250.
CGM:jcb
Attachments
c: Todd Blomstrom
�'c . �
•� • CITY OF
� � � � APPLE VALLEY
����� MEMO
� � � � Administration Department
���
TQ Mayor and City Council of Apple Valley ',
Tom Lawell, City Administrator ',
FROM: Charles Grawe, Assistant City Administrator ',
DATE: May 7, 2013
SUBJECT: Adopt Resolution Awarding Energy Savings Performance Contract to Ameresco, I
Inc. I
Over the past few years, the City has aggressively explored ways to increase energy efficiency
and reduce operating costs. An innovative concept known as an Energy Savings Performance
Contract (ESPC's) allows cities to fund energy efficiency improvements through guaranteed utility
bill savings. Cities are increasingly using ESPC's as a means to identify, implement, and finance
deeper level energy savings improvements in city facilities.
On September 11, 2012, the City Council approved a Project Development Agreement with
Ameresco to conduct the energy audits and design proposed improvements to city facilities. After
working with staff to identify a project scope that could be funded without the use of debt
financing, Ameresco presented a proposed plan to the City Council at its informal meeting of April
11 The Council asked that proposed project scope provide the flexibility to either proceed with
the summer ice-related improvements at the Hayes Arena or other energy saving elements if the
summer ice initiative was not pursued.
Attached is a draft agreement between Ameresco and the City of Apple Valley that would provide
guaranteed savings from specific energy efficiency and capital improvements to a number of City
buildings. An appendix to that agreement will be one of the two project descriptions also attached.
The option that includes the summer ice improvements totals $899,209. The option that does not
include summer ice and substitutes building controls and improvements to the Community Center
totals $899,650. The initial funding for this project would include $250,000 approved in the 2013
budget from the Future Capital Projects Fund for roof improvements (included in the scope of the
Ameresco project) and $649,650 in additional funding from the Future Capital Projects Fund. The
realized cost savings would be reflected in department budgets in future years.
Due to the timeliness of some of the projects involved, it is important to move elements of this
project forward quickly while the summer construction season is still available. The City Attorney
has reviewed the agreement, but the final scope of the project won't be known for a few weeks
while the summer ice issue is fully investigated. Staff recommends the City Council adopt the
resolution awarding the Energy Savings Performance Contract to Ameresco in an amount not to
exceed $899,650 contingent upon final review and approval of the agreement by the City Attorney
and City Administrator. The project scope will either include the summer ice-related elements or
the building control elements identified in the finro project descriptions.
CITY OF APPLE VALLEY
RESOLUTION NO. 2013-
A RESOLUTION AWARDING AN ENERGY SAVINGS PERFORMANCE CONTRACT TO
AMERESCO, INC. "
WHEREAS, the City Council of the City of Apple Va11ey has selected Ameresco, Inc., to
develop an Energy Savings Performance Contract to perform certain energy services including
energy and capital improvement measures for the City of Apple Valley, that is consistent with
Minnesota Statutes and beneficial to the City of Apple Valley; and
WHEREAS, this p�`oject proposed by Ameresco, Inc., has been reviewed and
recommended by staff and provides capital and financial benefits to the City of Apple Valley.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, as follows:
1. That Ameresco, Inc., be awarded an energy savings performance contract in an
amount not to exceed $899,650, subject to review and approval by the City
Administrator and City Attorney, and
2. That the Mayor, City Clerk, and City Administrator are hereby authorized to sign the
appropriate documents related to the contract.
ADOPTED this 7th day of May, 2013.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela Gackstetter, City Clerk
Ameresco draft 4_15_2013
MidWest Template
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ENERGY SERVICES AGR�EME�'�' .
BY AND �E�`WEEN
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Confidential & Proprietary Information of Ameresco, Inc.
� � � Page 1
TABLE OF CONTENTS
SECTIONS
1 Scope of Services
2 Ownership of ECM(s)
3 Financing and Ability to Pay
4 Contract Cost; Progress Payments '
5 Term
6 Guarantee of Savings
7 Right of Entry/Space
8 Changes in Services
9 Waxxanties
10 Customer Role and Responsibiliries �.,_` ���
11 Defaults by Customer and Amexesco
12 Remedies for Default
13 Dispute Resolution
14 Insurance and Bonds
15 Indemnification and L'unitarion of Liab�g';
16 Agreement Interpretation and Performa�ci .
17 Privileged and Proprietary Information
18 SeveYability
19 Assignment and Subcontra�tt�� �� �
20 Waiver ��` ' ��
21 Force Majeuxe
22 Contract Documents
23 Norices
24 Records
25 Representaticins and Warxanties
26 Independen� �ontractor
27 Additional Repr�entation �n�i Wasranties�E �ustomer �
28 Negligent/Wrongfix� 1�c�s
29 �` , ��artlie� U�cuments°an�l.Events
, „ �
30 � > : �
z `T'hird Party=�eneficiari�s
31 �:,<' Notifications of ��avernmetital Action - Occupational Safety and Health
32 Iteferences
ATTACHIVI�NTS
ATTACHMENT r'1 <� PROI'�RTY DESCRIPTION
i
ATTACHMENT B �G��'E OF SERVICES I�
i
ATTACHMENT C GUARANTEE OF SAVINGS
ATTACHMENT D MEASUREMENT A F I
ND VERI ICAT ON PLAN;
METHODOLOGY TO ADJUST BASELINE
AT"I'ACHMENT D(1) DELNERY AND ACCEPTANCE CERTIFICATE
ATTACHMENT D(2) PERCENT COMPLETE ACKNOWLEDGEMENT
CERTIFICAT'E
Confidential & Proprietary Information of Ameresco, Inc.
Page 2
ATTACHMENT D(3) SUBSTANTIAL COMI'LETION CERTIFICATE
ATTACHMENT E NOTICE TO PROCEED
ATTACHMENT F CHANGE ORDER
ATTACHMENT G METHODOLOGY OF CALCULATING SAVINGS
ATTACHMENT H TRAINING
ATTACHMENT I MEASUREMENT AND VERIFICATION FEE SCHEDULE
A'I°TACHMENT J STANDARDS OF SERVICE ANL? ��:�IFORT
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Confidential & Proprietary Information of Ameresco, Inc.
Page 3
ENERGY SERVICES AGREEMENT
BY AND BETWEEN
[CUSTOMER]
AND
AMERESCO, INC.
THIS ENERGY SERVICES AGREEMENT (the "AgYeement") is entered into on May, �0�'3, by
and between the �ity c�f Apple Uallc:y having its principal plac�;m� business located at 71�(J °147�
,�tteet West, �ppl� �alley, M3�T 5�124 (hereinafter xefexxed to :�s ���'�`�ustomer") and Amexesco, Inc.,
ha�ing its principal place of business at 111 Speen Street, '�i�ite. 410, Fxamingham, MA 01701
(hereinafter xeferred to as "AmeYesco"). The parties to �Et�s ?�gre�rn�nt shall be collectively referred
to as the "Parties" and individually as a"Party."
:
� WHEREAS, Ameresco has prepased and issue� �t I2roposal to the Customer nrr�anuary 10, 2013, in
response to a Project Development Agreement ��A) signed'; by the City of Apple Valley on
September 11, 2012; '
, ,, �. .
WHEREAS, Customer wishes Amer�scr�;� ,perform a p�ect ("Project") consisting of certain
energy conservation services and installa`tions �s set forth on AttaChment B ("Scope ofSetvices") at
Customer's buildings described in Attach�ient A(Che "Propett��; and Ameresco wishes to perform
such services; and
WHEREAS, Cus�mer�owns and��ontrols the Psca�erty.�
� �,
NOW, TI�EREFORE, iu consiclerat�on of the mutual promises and agreements contained herein,
the Parne��e�eb�`a,gree as fo�it�w�: '
SECT��N 1 S��PE OF;SERVICES
____ _
(a) W°r _ _ ,
(i) P�suant to tk�� '.terms of that certain Project Development Agreement (PDA)
between Ameresco an� �ustomer dated September 11, 2012; Ameresco has performed a
� Compxehensive .E��rgy`' Audit (the "Audi�') of the Pxoperty, and pYOVided a repart to
Customer dated as cif January 10, 2013. By executing this Agxeement, CustomeY accepts the
Audit.
(u) Upon delivery by Customer to Amexesco of a"Notice To Proceed," substantially in
the form attached to this Agreement as Attachment E, AmeYesco shall fiirnish all labor,
materials and equipment and pexform all work (the "Worl�') required fox the completion of
the installarion of the energy conservarion and facility impxovement measures ("ECM(s)"),
as set forth in Attachment B(the "Scope ofServices"), as such Scope of Services may be
modified in accordance with the terms of this Agxeement. Customer and Ameresco shall
mutually plan the scheduling of the installarion of the ECM(s), so as to m;nim;�e disruption
of the daily routine of Customer's staff and students.
Confidential & Proprietary Information of Ameresco, Inc.
Page 4
(b) Dis�osal: Ameresco shall be responsible for the disposal of all non-hazardous equipment
and materials which are rendered useless and xemoved as a xesult of installation of the
ECM(s) pursuant to this Agxeement. Ameresco shall cause all lamps which are classified as
hazardous wastes by the rules and regulations of the U.S. Environmental Protecrion Agency
(40 CFR Parts 260 through 279) as may be applicable, and PCB-containinated ballasts, if
any, which have been rendexed useless and removed as a result of the installarions of the
ECM(s) to be tYansported and disposed o£ The costs related to such disposal and removal
have been included in the Conlract Cost and will be paid for by Ameresco from the amounts
payable in respect of the Contract Cost. All other e�stin� P�B-contaminated ballasts, lamps
and all other hazardous materials (if any), howevex, rexat� .the xesponsibiliry of Customer
and Ameresco sha11 assume no liabiliry in connecnorz their removal, transportation or
disposaL
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(c) Asbestos and Lead Paint:
(i) Asbestos: Ameresco s Scap� -�f ���Services is predica#$d on Ameresco not
>
� � encountering or disturbing as��os or being requited to ��£orm any asbestos �
� abatement or taking any otheY ac`fi�n with xesp�+ct to asbestos. �ustomer hexeby �
� represents and waxrants to Ameresco i�at tli�re�s'�no asbestos o�e ����er hazardous �
material in any are� ��i�rein AmeYesco`s$�. be�performing the Scop�� of Services.
If (a) Amexesco en�u�t�r� .any friable as�estos which is in the vicinity of the
Project that is not ider�'ti$e�.�€�ve, (b) Am�co determines that its work shall
result in the distuYbance `� asbes�as �aaterial, o� �i� ,Amexesco deteunines that the
presenc� �<asbestos mate�i�,l may ���t� Ameresca�s,�;svork, Ameresco shall norify
Cus�rrne�'���1��.same and ��stomet's�ia3�. �:at its ccist, cause the asbestos to be
� ) .,
la�a�q remove�y �nclosed, `�ncap�iilated or a�€wise abated in accordance with
app��ble laws, r�1�s and regtila�itans; (y) at its �cost, provide written test repoYts
showui�; : that asbeStos in that; _ asea has been properly removed, enclosed
�� � encapsula� or �ztl�eis�?i�e abated" �� . accordance with applicable laws nxles and
���e�lations; ��r��� ��anclt�i� �kZ�: Pro�e�>and teiminate this Agreement. If Ameresco
� �. �. � � ..
�.� cati��t>.:�letermi�� �yhethex an�pa�eulax material contains asbestos, Customex, upon
Amexe�c�s wrttte�%"��equest, shall���ither: (i) at Customer's cost, lawfully perform �
tests or cause tests tt� be performed in order to determine whether such material
contains asbestos and/a<r whethex thexe axe unacceptable levels of airborne
� ��arriculate m���iial contairiing asbestos and provide such test xeport to Ameresco;
�3x (b) abandon�e Pxoject and terminate this Agreement. Undex no circumstances
sh�1:_,Amerescc� �e xequixed to handle asbestos. If Ameresco encounters asbestos
that���erially �ects the Scope of Services ox the Project schedule, Ameresco, at its
option, �y ��rnobilize and cease construction in the area affected by the presence ,
of asbesta�?until such time as Customer elects and pexforms one of the options �
afforded Customer as descxibed in this Subsecuon. If Customer does not prompdy
take action, as provided hexein, or norifies Ameresco that it shall not take such
action, Ameresco may, at its option, either xemove the affected area fxom its Scope
of Services (and make commens�ate adjustments to its rights and obligations) or
agree with CustomeY to terminate this Agxeement in its entirety, any such agreement
not to be unreasonably withheld. Customer shall be responsible far payxnent of the
portion of the Work unplemented prior to termination. Customex shall be
responsible for any and all costs (including ternunation) incurxed by Ameresco that
Yelate to the presence of asbestos.
Confidential & Proprietary Information of Ameresco, Inc.
Page 5
(ii) Lead Paint: Ameresco's Scope of Services is predicated upon Ameresco not
encountering or disturbing lead paint or being required to perform abatement or
pxoviding any notice or taking any othex action with respect to lead paint. Customex
hereby xepxesents that thexe is no exposed lead paint in any area in which Amexesco
shall be perfoxming the Scope of Services. If Ameresco encounters lead paint in any
area where it is to pexfoxm the Scope of services, which services shall require
disturbing lead paint, and Ameresco reasonably believes that such paint may be lead
paint, Customex, upon Amexesco's written xequest, shall either (a) at Customer's
cost, lawfully pexform tests oY cause tests to be performed in order to deternune
whether such paint contains lead and shall provide a test report to Ameresco; or (b)
abandon the Project and ternvnate this Agreement. If such test report demonstsates
the presence of lead paint or Ameresco xeaso�iably believes that perfornung its
services under this A�eement is likely to cause T�ie disturbance of lead paint in such
a manner as to require Amexesco to pro�de.any notificarion or take any acrions
p�suant to any fedexal, state ox local ��s, niles, or regulations and Ameresco
notifies Customer of the same, Custd�r�er'shall: (x) a� its�cost, cause the lead paint to
be lawfully removed, or otherwis�;`���ted in accordanc��th applicable laws, rules
and regularions; ox (y) abandon �he'Project and texminate �his Agreement. Under
no citcumstances, shall AmeYes� ;be required to perform se�ces, which cause the
disturbance of lead paint. If lead ��.int materi� affects t�ie T'xoject Schedule,
Ameresco, at its sole option, may clemobil�e:a3i� cease constru�ian in the area
affected by the px�nce of lead paint urzt� <s�tch time as Customer h�s elected and
perfoxms one of the �,pfios�s affoxded CusC�mer as described in this Subsection. If
Customer does not pr��aptly tai�e acrion as px�vided herein ox notifies Ameresco
that it shall not take such aetion, Am�resco may, at-its sole option, either remove the
affected area from its ScQpe,of Services (and make commensuxate adjustments to
the �ights and abligations a�' the Partiesj !�r:agtee witih'Customer to terminate this
Ag�ecment in its +�tirety, whi�h a�eerxient sl�ail �nat �be unreasonably withheld and
Cust�mer shall be.responsible fQr payment of the portion of the Work unplemented
prior �o such texmination. Custotner shall be xesponsible for any and all costs
�(includuig :�rminat�vzij incur�ed by Ameresco that relate to the pxesence of lead
�rairtT.
(d) `'� Com�liance Wi�h �saw: Arr�;e�esco shall, at��its expense, comply with and obtain all applicable
� licenses �d pexmits Yequ�ad by fede�al., �tate and local laws in connecrion with (i) the installation of ��
the ECMs ��d (ii) the operation and/or i�iaintenance of the ECMs (to the extent that Amexesco
agrees to pe���n such operaric�ns and/or maintenance services). In the event that Ameresco cannot
procure any suc� �icense ox permit in light of a xequirement that Customer is requiYed to do so, the
Parties shall woxk ��tntly to obtainn such permit or license.
(e) Taxes: Customex ��resents that it is a taY exempt enrity and that it shall cooperate with
Ameresco and pxovide Ilrneresco with appropriate Yesale exemption documentation so that
Ameresco may attempt to establish that it is not obligated to pay taxes, fees and assessments or other
charges of any character which may be unposed or incurred by any governmental or public authority
as an incident to title to, ox operation of the ECM(s) ("Taxes") which would otherwise be levied
upon or in respect to said interest component or of the ECM(s). Notwithstanding the foregoing,
Customer shall pay (or, if applicable, reunburse Ameresco for the payment o fl all pYOpexty, sales
taxes, use taxes or other fees and assessments associated with the Woxk. Customer shall have no
liability for taxes measured by the net income of Ameresco.
(� Maintenance, Measurement and Verification: To the extent pxovided for in Attachment G,
Ameresco will supply such ongoing monitoring, measurement and verification services during the
Confidential & Proprietary Information of Ameresco, Inc.
Page 6
Term at a cost to Customer as set forth in Secrion 4 and Attachment L
(g) Duries. Obligations and Res�onsibilities of Ameresca
(i) All labor furnished under this Agreement shall be competent to perform the tasks
undertaken, all materials and equipment provided shall be new and of appropriate
quality and the completed woxk shall comply in all material respects with the
requirements of this Agreement.
(ii) Amexesco shall maintain the Project site in a reasonably clean condition during the
performance of the construction Work. ;.;
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,,�
(ni) Ameresco shall regulaxly, as mutually agreed upt�ri by the Parties, clean the Project
site of all debris, trash and excess materi� c�;r �uipment generated by Amerescds
construction work hexeundex.
(iv) Ameresco shall permit Customes �� any of its Yepres�rarives to enter upon the
Project site to xeview or insp�t �e ECM(s) without fox�a�tty or other procedure,
except that all such entries must }�e in compliance with all sr��� procedures, rules
� and xegulations.
(v) Ameresco shall pro�� �quipment manuaL�, �s�built drawings and otl�er appropriate
information xegardin�,eq�ipment installed ���eunder to Customer at or about the
� time o£ "Substantial Cc�rr�,pletio�"�as such terrn��t�efined below. �
(vi) Amexesc� s�a11 provide tli� trauiing z���bed on 7��chment H. Such training is �
incl�t��in �e��ontract Cos�t.
(vu) Am�esco shall assi�,m to Custc��ier all manufacturer's warranties for equipment
installec��n the Pxc��et, to the extent the same are assignable.
SE�'��flN 2 Dwne��i� of ECMfs1>' ;
Ownersliip .��nd ritle to eac'l� ��CM or pc�xtion thereof, as applicable, shall automatically pass to �
Customer up�n Ameresco's x�;��ipt of bofh (i) the executed Substantial Complerion Cexrificate
(Attachment D����, or each P���cent Complete Acknowledgement Certificate (Attachxnent D(21),
(including Custom�t:�ayment c�fication) delivered pursuant to Secrion 4 for such ECM ox portion
thexeof, and (u) the a�defeasil��e' payment in full of all of Customer's payment obligations to
Amexesco pursuant t€s �t�e� Substanrial Completion Certificate or Pexcent Complete
Acknowledgement Certifica�:e'for such installed ECM or portion thexeof. Prior to satisfacrion of the
condirions set forth in (i) and (ii) in the previous sentence with respect to an ECM or portion
thereof, title to each ECM ox porrion thereof shall remain in the name of Ameresco. If,
notwithstanding the intent of the Parries, Customer is deemed to hold title to any oY all of the ECMs
ox portion thexeof prior to the satisfacrion of the conditions set forth in (i) and (ii) above, as security
fox the payment in full of the Customer's obligations with xespect to each such ECM or parrion
thexeof, Customex hereby assigns, transfers and grants to Amexesco a security interest in such ECMs.
Customer hexeby authorizes Ameresco to file, from time to time, Uniform Commercial Code
financing statements in such jurisdicrions as may be necessary to perfect and maintain its security
interest in such ECMs. If xequested by Ameresco, Customex agrees to execute and deliver all fuxther
instniments and documents and take all furthex action that may be necessary in ordex to cxeate,
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Page 7
perfect and protect Ameresco's security intezest in the ECMs and hereby irrevocably appoints
Ameresco as Customer's attorney-in-fact with full power to sign such instr�unents and documents.
Upon delivery of the Substantial Complerion Certificate and satisfaction of clause (u) above for each
ECM, Amerescds interest in the related ECMs shall be released and texminated, in each case without
fiirther action on any Party's paxt.
SECTION 3 Financing and Ability to Pa�
Customex hereby represents that Customer intends to entex into a financing axxangement with a third
party lender for payment of the Contract Cost. At Customer's request, Ameresco will assist
Customex in arranging financing fox the Project, howevex, Customer shall be responsible for
completing and closing any financing and meeting any closing conditi�ns of a third party lendex.
Customer acknowledges and agrees that its obligation to make tlie payments to Ameresco set forth in
this A�eement is in no way contingent on the effectiveness t�� separate financing asxangements to be
entexed into with a third party.
� SECTION 4 Conttact Cost; Monthlv �'rogtess Fayments =`
(a) � Subject to the terms of this AgreemenC; �A�eresco shall peYform the.�5��pe of Services at a
contract cost of �nd 00/100 �ollaxs ($ )
("Contract Cos�').
(b) Upon Customer's securing of £inancing and subseqrzent delivery by Customex to Ameresco
of a Norice to Pxoceed, substa�tially ixa .the fortn attached xo this AgYeement as Attachment
E including proof of available fiuyrls sufficieut,to pay the:�ontract Cost, Customer shall pay
Ameresco ten per�ent (10%) of the Contract C�a�I-for moU�arion. Thexeafter, Ameresco
shall submit ��i3ees tt� Customer for monthly�p�m�ess,,�ayme�ts to Amexesco based upon�
the percent�ge of the Prcij�ct consm�erio�i �.�c1' equip�ie�t�procurement completed at the
end of each �n�nth, so tha�: Ameresco is:�aid the percentage of the Contract Cost that is
commensuxate �ih the percentage of cc�mpletion of the Scope of Services. A Percent
Cam�lete Acknowl�clgemen� �e�tificate im�the form attached hereto as Attachment D(2)
��1 be����uted by �u�tornes dui'i�g each month of the construction period showing the
� -percent complet� and �manthly paymeir��z�ue. Customer shall make payment to Amexesco,
�� � within thirty (3�) �ys aftex,t�� submission ��' each such invoice (the "Due Date"). Customer �
���� �all not ur�eason�.�ly wit��d, condition ox delay the execurion and delivery of any
T Complete Acknowledge�ei�t Certificate.
(c) Upon �ubstantial Com�lerion of the installarion of an ECM, AmeYesco will delivex to
Customei � Substantial Completion Certificate in the form of Attachment D(31. Within five
(5) calendar �ays aftet �eceipt of each Substantial Completion Certificate, Customer shall
complete, execute:°a� deliver to Ameresco each such Substantial Completion Certificate.
Fox the purposes bf"this Agreement the term "Substantial Completion" shall mean that
each subject ECM(s) has been installed by Ameresco, and, if such ECM is equipment, such
equipment is then operating in a mannex consistent with each manufacturer's intended use.
A Delivery and Acceptance Certificate, in the form of Attachment D(11, shall be executed by
Customer upon Substantial Completion of the installation of the final ECM. Customer shall
not unreasonably withhold or delay the execution and delivery of the Delivery and
Acceptance Certificate. Customer shall not unreasonably withhold, condition or delay the
execution and delivery of any Substantial Completion Certificate or the Delivery and
Acceptance Certificate.
(d) Within tlurry (30) days following each successive twelve (12) month period beginning with
Confidential & Proprietary Information of Ameresco, Inc.
Page 8
the first day of the month following the date of the Delivery and Acceptance Certificate,
Customer shall pay Ameresco the additional amounts set forth on Attachment I,
Measurement and Verification Fee Schedule, as an annual fee far measurement and
verification services.
(e) All amounts not paid to Ameresco on or before the due dates specified in Subsections 4(b)
and (d), shall accrue intexest at the Prime rate of intexest as published in the Wall Street
Journal far major banks, or such lower rate as is prescribed by applicable law.
SECTION 5 Term
This Agreement shall be effective on the date first above written �,rt�T"'shall remain in effect through
the "Guarantee Period" as such term is defined in Attachinesit �"(the "Term"), unless terminated
prior to such date, as pxovided for in Section 12, 14 ar Attac�tr��t C of this Agreement. Anything
in this Agreement to the contrary notwithstanding, CustQrn� `sha� �t be relieved of its obligation to
pay Ameresco when due all amounts which accrued pri�x to such teirr�rnarion
SECTION 6 Guarantee of Sa�n�s.<<�,' �
���
(a) To the extent set foYth in Attachment C; a�d solely ��_accordance��1� Attachment C, �
Ameresco hereby guasantees„ that the amou�t flf th� �inual Saviugs �a� such term is
defined in Attachment C a�i�I deterinined in acci�r��e the meas�ement a�id verification
� plan set forth in Attachme� � T� ; a�d the savings �i�lculation methodology set forth in
Attachment Gl, shall equal or e�eeed the ":Aunual Grr����teed Savings Amoun�' (as such
� term is defined in Attachxnent C� be ��li�ed by Cus`�rner as a result of installarion of
the ECMs.
�
(b) The Annual��uaranteetl Savings Amc��.iaxt<�s s�bject ta �ustamer maintaining the Standards
of Service �nd Comfort {t?��tachme 4 nt �,at�d performing� all of its maintenance and other
_
obligations unde� °this Agre�nent that rria� �ffect the achieved Annual Guasanteed Savings
Amau�t. If Custta�er fa�s :.:fi� �rerform its oliligations under this Agreement or interferes
�vt#�' ��,���nits an� �d` party �� take an� .action which, in the reasonable opuuon of
-- f,Amexesco; ����pxeven�:�,achievemez�t��t�f-the�Annual Guaranteed Savings Amount undex
� ,: �
' this Agreement; �Imerescc� ��, after pxovic�ing Customer tl�irty (30) days advance notice,
� `' � ad�ust the Annual ��santeed S�vings Amount during the period in which such savings wexe ,
a�'e�ted to xeflect tlie��pact such �ctions had on such savings. Amexescds rights set forth
� in �.� secrion shall �� �.be in li�iitation of any othex rights it is enritled to by law or it
posses�;s under this A��eement.
SECTION 7 �i��t of Entrv/Space
During the Term of this AgYeement, Customer shall provide Ameresco and its employees, agents and
subcontractors access to the Property fox the purpose of fulfilling Amexesco's obligations under this
Agreement. Customex shall pxovide xent free space for the installation and operation of the ECM(s)
and shall protect such items and equipment in the same caseful manner that Customer protects the
Propexty.
SECTION 8 Chan�es in Services
(a) The Scope of Services may be changed only by agreement of the Parties evidenced by
execution of a"Change Ordex" substanrially in the form attached to this Agreement as ',
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Page 9
Attachment F, including the quantity, quality, dimensions, type ox othex chaxacteristics of the
ECMs. During the Texm hexeof, either Customer ox Ameresco may suggest that other
energy efficienry measures and facilities be added to the Scope of Services, in which case the
parties shall endeavor to agree upon any new ECMs to be installed and may either amend
this Agreement or enter into a new ag�eement fox the installarion, financing and
coinmissioning of any such new ECMs. Nothing in this paragraph shall obligate either party
to proceed with installation of any ECMs which are not past of the oxiginal Scope of
Services or evidenced by execurion of a Change Ordex.
(b) Should Ameresco encountex subsurface or latent physical conditions at the site which diffex
materially from those indicated in the pxoject documents or from those ordinarily
encountexed and genexally recognized as inherent in wo�k o� the chaxacter provided foY in
this Agreement, Ameresco shall give written notic� .to `the Customer befoxe any such
condition is disturbed ox further disturbed. The Customer will prompdy investigate and, if it
is determined that the conditions materially differ frorn, those which Amexesco should
reasonably ha�e been expected to discovez, car anricipate; ��, Customer shall either (a)
approve such changes in the Scope of ��vices as axe necessary, with a corxesponding
adjustment in the Annual Gu�anteed��auings Amount; or (b)' abaxidon the PYOject and
terminate this Agreement, with Ameresc� to be paid in the same manner_as if the Customer
had texminated this Agreement because of � pxoposed ir�cxease in the Con#ract Cost because
of the pxesence of hazardous materials or lead pauit �a#�:.€lie Project site. Tf :snch differing
conditions cause an increase� �x decrease in AmeY�co's cost ar time of perfoi7nance, and the
parries agree upon a change in th+e Scope of Services, Che paxties shall negotiate an equitable
adjustment to Amexesco's cost :and/or t'tme for per�ormance, as the case may be and a
Change Ordex shall be issued anc2 �ecute� by the Custom�r to reflect such adjustment(s).
(c) If Amexesco,��d the=�ustamer agree tt�_ an adjusmie� ccjff the Cdntract Cost and the contract
schedule �s��Iished far �°1�e Scope �c�f Sernices, suc��:a� agreement shall be effecrive
iininediatel�.upon executiot� of a Change O�iiex.
SECTION 9 Wairranties
Ame�sccs hexeby agrees as follo�,vs: .
(a) Ameresco warrants that the `;�U�rk and all materials and equipment to be installed in the
Prc�j�ct are waxrantec�°t� be free �rc>m defects in materials and woxkmanship on an ECM by
ECl�1 hasis fox a perio,� .of one (1) yeas from the date of execution by Customer of the
Substa�a� Compleriori„�ertificate for such ECM. Any manufacturers' warranries which
exceed this t�ne (1) yea� �eriod shall be assigned to Customer to the extent allowed by the
manufacture�: 'This se�#x€>n does not apply in any way to the Guaxantee of Energy Savings.
(b) EXCEPT AS PR(OVIDED IN THIS SECTION 9, AMERESCO MAKES NO
WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER
STATUTORY, WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES AS TO THE VALUE, DESIGN, AND CONDITION
OR FITNESS FOR USE OR PARTICULAR PURPOSE AND MERCHANTABILITY,
REGARDING THE WORK, THE ECM(s) OR THE EQUIPMENT.
SECTION 10 Customer's Role and Responsibilities
(a) Onerarions: Customex shall operate all equipment installed hereunder in accordance with
the manufactuxex's xecommendations and the manuals supplied to Customer by Ameresco.
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Page 10
(h) Standards of Service and Comfort: Customer shall operate the ECMs in a manner that shall
provide the standards of service and comfart provided for in Attachment T.
(b) Maintenance: Customer shall, at its expense, maintain the Property in good woxking
condirion during the Term of this Agreement. Customex shall maintain, at Customer's
expense: (i) all equipment and othex components included as part of the ECMs, and (u) all
other equipment which is attached thexeto and/or is integral to the pxoper functioning of the
ECMs.
(c) Malfuncrions: Customer shall notify Ameresco iin�nediately in the event of any
malfunction in the operation of the ECM(s) installed he�i��1.�r. � � �
� (d) Protecrion of �CMs: Except in the case of eme�ent�;��ustomer shall not xemove, move,
alter, turn off or otherwise significandy alter th�" ope�a,#ion of the equipment installed
hereundex or the operation of the ECMs, or a�y individua� patt thereof, without the prior
�approval of Amexesco, which approval s}�allr�t be unreasonali� withheld. Aftex receivuig
Amexesco's approval, Customer shall p�oceed as instructed. Custc�er shall act reasonably
to protect the ECMs from damage ox kiss, if, due to an emergency, tt �is not xeasonable to
notify Amexesco before acting. Custoine�«agxees t4� �rotect and� ��e equipment and
operating condition of the ECMs.
: ,.:: �
, aa �
�
(e) Measurement Svstem: Custorxret.��ia�l not move, m� or otherwise alter the measurement
and verification system installec3;as pa�tt:ctf,the ECM�����x any component thexeof without
_
� the written consent of Ameresco �unless s�i acrion is in �a�xdance with manuals pxovided
by Ameresca ` v
(fl Adjustmen�°�c� `Baseltne I£, in the r�aso�rsable opuuari raf Ameresco, Customer does not
reasonably tsperate, mainta%� repair or�t���rwise protect the ECMs and/or maintain the
Pxoperty in good �epait au� �good woxki�g condiriQn, then Amexesco may equitably adjust
� th� ba�eline, as re��enced ���t��chment G, €ca� any increased eneYgy usages at the Property. �
(g) �han es td e or 11::t3ditional Ei�uiz��ent:� Customer shall notify Amexesco in writing
� at least tl�irty (�� ��laps prk�� to making axiy changes to the Property that may materially
'�f�ect the energy ���e on the �ro�erty, such as changes in the hours or days ox time of yeas
th���the Property is "�ccupied or ope�ated, the number of occupants (including staff, faculty
and � pubhcj, ��ie activiYy conducted, the equipment, the facilities, the size of � the
Propert°���tc. Customex ��aall also notify Ameresco xegarding material increases ovex time in
numbeYS ��d usage o� �`�lug in" devices such as computexs and printers. If Amexesco
receives such nfltificatran"or otherwise determines that such a change has occurred, it may
make the xevisin�s �p the Attachments or take such other action as may be provided for
hexeunder. Ameresco may also make retroactive adjustments if Customer has not provided
timely notice and any payments shall be retroactively reconciled to reflect the changed
baseline.
(h) En eY ,YQ'V Us��e Data: Customer shall make available to Ameresco, on a monthly basis for the
Term of this Agreement, copies of all eneYgy bills, enexgy usage data, and any and all other
such documentation maintained by Customer, as may be xequested by Ameresco, which are
required for it to perform all of its obligations under this Agreement.
(i) Insurance and Risk of Loss or D�e: Without limiting any of its obligations or liabilities
undex this Agreement, Customer shall, at its expense, provide and maintain at all times
Confidential & Proprietary Information of Ameresco, Inc.
Page 11
during the Term of this Agreement, sufficient insurance against the loss, theft of or damage
to the ECM(s), xelated equipment, and all equipment installed hereunder, for the full
replacement value thereo£ Customex's Commercial General Liability insurance shall be
primary fox any property damage ox bodily injury during the performance of the Woxk
hexeundex.
Upon Substanrial Complerion of an ECM, Customex assumes all risk of loss of or damage to
such ECM fxom any cause whatsoevex except to the extent that such loss or damage was
caused by the negligence of Amezesco. In the event of loss or datnage to any equipment
installed hereunder, Customer shall promptly notify Ameresco and promptly xeturn the same
to good repair with the proceeds of any insuxance xeceived to the cost of such repair ox
demand that Ameresco perform such repair, in which c�s� Amexesco shall promptly do so
for such compensarion to which the parties agree. �f �ustomer determines that any of the
ECM(s) are lost, stolen, confiscated, destroyed ar:d�tna�ed beyond repair, Customer shall
xeplace the same with like equipment in gor��l"repair in a timely fashion under the
� circuxnstances. If at an� time after the date af.tlie�Delivery ai�d Acceptance Certificate and
aftex Customer's complete payment to Amere�sco in accordance',�uith Secrion 4(al, as such
amount may be modified from time ta=#�ie in accordance witli� t�.is Agreement, any fire, ��
flood, other casualty, ox condemnation re�+ders a majority of the Pxop� incapable of being
occupied and xenders the ECMs or the equ�pment installed hereunder inapexable and, in the
case of a casualty, the affected porrion of such ECMs flr equipment is not reconstructed ox
restored within one hundte�� tuFenty (120) days �fic�zn tlie date of such casualty, Ameresco
and/or Ownex may terxninate ehis, �gxeement by de.�ivery of a written norice to the other
Party. Upon such terminario�, , Owr�ex _.shall pay '1�meresco any amounts, or pro-xata
portions thexeof, undex Secrions 4�b1, �;'�. �d �. and Att�chment F, which accrued prior
to such terxninatica�s.:, ,.
(j) Tele�hone:• �ustomex shail, install and rnaintain telephart� lines and pay all associated costs
fox the EC3�%I�s� , telephone lines or applirable energy management system communication
systems.
(k) �`Pic�t�ci%�u. Customer s�all� at ail times .act reasonably to protect the ECM(s) from loss or
';�amage to the same exfent �nd in the same, manner in which it protects the Property.
� (1) �'_ A�te�arion: Excepf�� cases o�' emergency, CustomeY shall not move, altex oY change the
EC1�!I(s) in any way th�t may cause a xeducrion in the level of efficienry or savings generated
by t�i;e 4�CM or the equipment installed hereunder without obtainuig Ameresco's written
approv� which shall nat be unxeasonably withheld.
(m) Stor �a�e: Custorner shall provide rent free space for Ameresco, or any of its subcontractoYS,
to mobilize and s�ore ^supplies, tools and equipment during installation of the ECM(s) as
available puxsuant tci this Agreement for which such stoxage space may be xequired, with
locking capacity acceptable to Ameresco. Only Ameresco ox any of Ameresco's
subcontractors, and Customex's assigned peYSOnnel shall have access to storage.
(n) Fuel: Customer shall pxoc�e and pay for all enexgy and fuel for the opeYarion of the
Property.
(o) Coo�eration during Construction: Customer shall reasonably cooperate in xelocating the
general public, staff, pexsonnel, furniture and equipment and taking such other actions as
may be necessary by Customer in order to prepare space for work by Ameresco to enable
Ameresco to timely perform its obligations hereundex.
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Page 12
SECTION 11 Defaults
(a) By Customex.
Customer shall be in default under this Agreement upon the occu�ence of any of the following:
(i) Customer fails to pay when due any amount to be paid under this Agreement and
such failure continues for a period of five (5) business days after notice of overdue
payment is delivered by Ameresco to Customer;
(ii) Customer fails to perform any of its require� ��d�fies or obligarions under this
Agreement and fails to cuxe such failure and��ffects of such failuxe withixi thirty
� � (30) days of receipt of written notice o£td��a��, unless such failuxes and effects
� cannot be completely cured within thirty da�s �.Fter said written norice, in which
case a default shall e�st only if Customer does not c��nmence and diligenfly pursue
to cure such fa.ilures and effects as' �r.ae�n as pracricable; :
(iii) Customer enters receivership, c7r makes an assignment fox t1���benefit of cxeditors,
whethex voluntary or involuntary;��or � pettnon i��iled by or agai��# �ustomer undex
any bankruptcy, insolvency ox similar l��v ax�d s���i perition is not �isia�issed within
siYty (60) days.
�(iv) Customer fails to coc�exate in :�rt;locating stu�i�iyts, staff, personnel, fiirniture and
equipment or� to take su�: othex ��io�as as may �� necessary by Customex in oxdex
to prepa�e space for work ��r Amexes� ���is Yeason�b�� by Amesesco in a
timel��,an�i�r,� order to allow the S��pe a�'IX�cark to lie accomplished hereunder. ,
(b) By Ameresc� ;�> . � � �
Ame��sco shall be�in de�a�� �an�er this Ag�ee�ment if Ameresco fails to perfoxm any of its
a�ate� ��.�ties or ol��t�'a�vris under t�is Agree�ent and fails to cure such failure or effects of
'° �such fatlure v,r%T�in thirt� �0) days of re�eipt of written notice of default, unless such failure
� .�-� or effects of su��;�ailure c�ai�c�t be completel� cured withixi thisty (30) days after said� written
`"�zotice, in which �case a defau3.t .shall e�ist only if Ameresco does not promptly commence
and cliligently puxsue �ta;cure such fa�lure as soon as practicable.
SECTION 12 Remedi+��s for Default �
If either Party defaults�r�ndez �is Agreement, the other Party may, subject to the dispute xesolution
procedures in Section 13.bela�°`
(i) bring actions far any xemedies available at law or in equity or othex
appropriate proceedings for the recovery of damages, including amounts
past due, and/ox bring an action in equity for specific performance; and
(u) with or without recourse to legal pxocess, teiininate this Agreement by
delivering written notice of teunination at least ten (10) days prior to the
requested ternunation date.
Confidential & Proprietary Information of Ameresco, Inc.
Page 13
SECTION 13 Dispute Resolution
Claims, disputes, or other matters in controvexsy ("Claims'') arising out of or xelated to the
AgYeement or the Project shall be subject to mediation as a condirion pxecedent to any and all
remedies at law or in equity. If during the term of this AgYeement a Cla.im arises concerning the
Project or this Agxeement, a representative from management of both Parties shall meet in pexson or
by phone within ten (10) business days after eithex Party gives the other Party written notice of the
Claim (the "Dispute Norice"). The Dispute Norice shall set forth in xeasonable detail the aggrieved
party's position and its proposal for resolurion of the Claim. If the Claim is not resolved within 30
calendar days after the first meeting of the Parties, then the Parries shall endeavor to resolve the
Claixn by mediarion. A request fox mediarion shall be made in w�iting and delivered to the other
Party. The request may be made concuxrendy with the filing. of .any and all remedies at law or in
equity but, in such event, mediation shall proceed in advance af any proceedings filed in a judicial
foruin, which shall be stayed pending mediation fox a perio� oE 60 days from the date of filing, unless
stayed fox a longex period of time by agreement of the �arties ox court'vrdex.
The Parties shall shaxe the fees of the mediati4n �qually. The mediation sh�cll be held in the place
where the Project is located, unless another locati� is mutually agreed upon. Agieements reached in
mediarion shall be enforceable as setrlement agxeemen�s,in any court having jurisdiction thexeof.
If the parties do not resolve the Clairn thraugh informal �t�t� resolution ox mediarion,�either Party
is free to pursue any othex available Yemecly�:in law ox at equity �� ,
SECTION 14 Insurance and Bc�nds
(a) By Amer�s�rr; .:A�ieresco� �hall provide :and ::m�tain at i�� �cpense the following insurance
coverage:
� (i� �,. . Woxkexs' ��G`t�mp�ns��ion and E�p�r��ex's Liability Insurance as requixed by
�., :�,�apl�cable State la�v.
; .t�, (ii) Commetcial General I..iability Insurance, including contractual liability, Bodily Injury
pex pexson, $1 millia�z, Bodily Injury per occurxence, $1 million; Property Damage
per occurrence,:$1 millian; �?ersonal Injury pex occurrence, $1 million.
(iu) Gomprehensive Automobile Liability Insurance, including owned, non-owned and
hired.:automoti�v�e equipment of, Bodily Injury per person, $1 million; Bodily Injury
per �ccurxence, �3 million; Pxoperty Damage per occurrence, $1 million.
Ameresco shall d��ver to Customer a Certificate of Insurance naming Customer as an
addirional insured party under paxag�aphs (u) and (ui), above.
(b) Ameresco shall deliver to Customer Payment and Performance Bonds in a sum equal to the
Contract Cost condirioned upon faithful perforxnance of the Agreement by Amexesco, for the
unplementation of the ECM(s) as it may be from time to time modified by Change Orders within ten
(10) days of issuance of a Norice to Pxoceed. The Payment and Performance Bonds shall apply only
, to the installation portion of this Agreement and do not apply in any way to energy savings
guarantees, payments or maintenance provisions.
(c) By Cu.rtomer. Without limiting any of its obligations or liabilities under this Agreement,
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Page 14
Customer shall pxovide and maintain at its expense, insurance coverage consistent with the
requixements of Section 10(i) above, and its obligations under this Agreement
SECTION 15 Indemnification and Limitation of Liabili
(a) Anything in this Agreement to the contrary notwithstanding, neither Party nor its xespective
officeYS, directoxs, agents, employees, parent, subsidiaries ox affiliates or their affiliates'
officexs, directors, agents or employees shall be liable, irrespective of whether such claim of
liability is based upon breach of waxranty, tort, (including negligence, whether of any of the
Parties to this Agreement or others), strict liability, contract, operation of law or otherwise,
to any other Party, or its affiliates, officers, directozs, ��gents, employees, successors ar
assigns, or their respecrive insureds, for incidental, dela��' punitive or consequential damages
connected with, Yelated to oY arising from �e���?rt�a��ce ox non-performance of this
Agreement, or any action or inaction in connecuat�°t�ere�.�l� including claims in the nature
of lost revenues, income or profits (other tlia� payments e�it�sly required and due under
this Agreement), and increased expense: o� cuxtailxnent, xeclt.t�on in or loss of power
generation production or equipment us�d therefor. `
� '� ;
(b) Ameresco's total aggregate liability for any ai�d all injuri�s, �damages, clarms, ��osses, espenses � �
or claim expenses (including attoYney's fees) a�i�g arzC a� this Agxeement �r�a all causes ox
any causes, xegardless of the ��a1 theory under vvlate}� l��ility is imposed, shall �n all cases be
limited to the sum of the pa���ts�, �eceived by Amc;��sco under Section 4. Such causes shall �
include, but not be limited t�;= Arn�c:s�ds negligen�� exrors, omissions, strict liability,
breach of contsact, warYanty, breac� of wairrat�k� or any iii�l��iiified claims. �
(c) Ameresco a��s tb ind�mnify anc� h�1d Custorner liaxmless from and against any and all
thixd party�el�ns for dam��es but on�y tQ t�ie��:xtent suc�r.t�amages arise by reason ofbodily
injury, death'r�..damage to°�xoperty caus�'by Ameresco's negligence ox willful misconduct.
To the extent �iat any such damages a�e covered by or under Amexesco's Commercial
Gene�al Liabiliry'��txrance�li�!, ,Ameres�o shall not be xequired to indemnifg Customer in
� e�� �s�i�i� proceed� �i��uch po�y, In no eF�nt, however, shall AmeYesco be�obligated to
=' �'idemnify ���tomex to�tk�;eYtent that��?:such�injuiy or damage is caused by the negligence
` t of Customer or any enrity fi�r=vvhich Custorner is legally responsible.
(d) �r�stomer agrees to',a�demnify� �yad hold hasxnless Amexesco, its officers, agents and
emj��es, from and a�st any arid all third party claims for damages b�t only to the extent
such da��es arise by �eason of bodily injury, death or damage to property caused by
Custome�'�� :��gligence �r °willful misconduct.. In no event, howeveY, shall Customer be �.
obligated to�;�lemn�E�,:1�nexesco to the extent that�such injury ox damage is caused by the
negligence of Ametesc�'or any entity for which Amexesco is legally xesponsible.
SECTION 16 Agreement Interpretarion and Venue
Each Party hereto has had ample opportunity to review and comment on this AgYeement. This
Agreement shall be read and interpreted according to its plain meaning and an ambiguity shall not be
construed against either Party, The judicial rule of construcrion that a document should be more
stricfly construed against the draftsperson thereof shall not apply to any provision of this Agreement.
This Agreement shall be governed as to all matters, whether of validity, interpretarions, obligations,
performance or otherwise exclusively by the laws of the State in which the Project is located (the
"State"). Regaxdless of whexe actually delivered and accepted, this Agreement shall be deemed to
Confidential & Proprietary Information of Ameresco, Inc.
Page 15
have been delivexed and accepted by all parries in the State. Any mediation and legal proceedings
involving the negotiarion, formarion, interpretation ox enforcement of this Agreement may be
brought in any state or fedexal district court having jurisdiction over the Parties.
SECTION 17 Privileged and Proprietar� Informarion
Amexesco's systems, means, cost, and methodologies of evaluating, implementing, accomplishing
and deterinining energy savings and the terms of the Agreement for this Project shall be considexed
privileged and propxietary inforxnation. Customer shall use the same level of effort to protect and
safeguard such information as it employs to safeguard its own confidential information, provided,
howevex, that Customex is a public entity which has very little information that is not open to the
public. Customer shall not disclose such proprietary informatic�� without the express written
consent of an officer of Amexesco unless required to do sa b�'statute ox regularion. When any
request for disclosure of such information is made undex an� applicable freedom of information law
(the "FOIL"), Customer shall provide pxompt written nt�ti�e to Am�tesco such that Ameresco will
have the opporh.inity to timely object under the FOIL should it desire tc� �bject to such disclosure of
that information in whole or in part. In the event �hat Customer is required.to make a filing with any
agenry ox other governmental body, which ii�cludes such informatiori; Customex shall notify
Ameresco and cooperate with Amexesco in order ici seek confidential tseatmen#. of such information
included within any such filing or, if all such information cannat be pxotected =fram disclosure, to
request that Customer be permitted to xedact portit�ns of such"information, as,:�lmeresco may
designate, �om that portion of said £tlt�� �vhich is to be�inacle��vailable to the public. ��
SECTION 18 Severabilitv
If any provision of this.Agxeement is foun�i by any court.�f competent jurisdiction to be invalid ox
unenfoxceable, the inv�idity �f ; such provision sha�l not affect the' other pxovisions of this
Agxeement, and all�aY�i���provisic�ns �f this Agreen3ent siiall remainixi full foxce and effect.
SECTION 19 t�ssignments and Subcontractin�
(a) ; A�ieres�b .rmay elect'i� use�subcazi�sactoxs in �neeting its obligarions hereundex. Nothing �
; contained in..th.is Agxeement shall create any contractual relation between any subcontractor
, and Customer.
(b) �i�s�r�mer shall not ass�gn, transfex,.ox otherwise dispose of this Agreement, the ECM(s), or
any�itexest thexein, ox snblet or iend the ECM(s) ox pexmit the ECM(s) to be used by
anyone other than Cust�rner and Customer's employees without the prior express written
consent ok ; Ameresco; �rovided that Customer may, without obtainiug the consent of
Amexesco, asst�n its �ights in the ECMs to any financial institution, lender or investor in
connection with � le�sing ox financing arrangement for funding of the Contract Cost. If
Customer transfers;ownexship ox its interest in the Property, Customer shall teiininate this
Agreement in accoxdance with Section 32.
(c) Ameresco shall not assign this Agreement in whole ox in paxt to any other parry without first
obtaining the consent of Customex, which consent shall not be unreasonably withheld;
provided that, Amexesco may assign, without obtaining the consent of Customex, its rights
and obligations under this Agreement in whole or in part to any affiliated oY associated
company of Ameresco and its rights for payments only under this Agreement to any
financial institution, lender ox investox in connection with a credit facility to which Amexesco
is a party.
Confidential & Proprietary Information of Ameresco, Inc.
Page 16
SECTION 20 Waiver
Any waiver of any provision of this Agreement shall be in writing and shall be signed by a duly
authorized agent of Ameresco and Customex. The waiver by either Party of any term or condition of
this Agreement shall not be deemed to constitute a continuing waiver thexeof nor of any further or
future waiver of any additional right that such Paxty may be entitled to under this Agreement.
SECTION 21 Force Majeure
If eithex Party shall be unable to carry out any material part of its obligations undex this Agxeement,
except Customer's obligauons to make payments when due) d�ae to causes beyond its control
("Foxce Majeure"), including, but not limited to, an act of God, s'ti�lfies, lockouts ox other indust�ial
disturbances acts of public enemies orders or restraints of any kind of the government of the United
States or any state oY any of their departments agencies or �f�cia�.s, or any other civil governmental,
military or judicial authority, war, blockage, insurrecno�' ri�it, su�t�� action of the elements, fire,
explosion, flood, earthquake, storms, utility power outage,'clrought, la�dslide, ox explosion or nucleax
' emexgency, this Agreement shall remain in effect �ut the affected .Pszty's obligarions shall be
suspended for a period equal to the disabling cireutr�stances, provided that
� ��;_..
(a) the non-pexforming Party gives the other Party proz�apt written ricitic,e describing the
parriculars of the event of Foxce MajeuYe, i�d�ding �;��iature of the occ�xence and its
expected duxation, and c�t��es to furnish ti�t�� r�gular reports wiith ��spect thereto �
during the period of Foxce l�a�eu��; ��� � �
,:�....;
(b) the suspension of performance ��s of no :�e�tex scope 'axiti of no longeY duration than is
required by the e�t �f Force Majeu�e;
(c) no obligati�ans of either �'�rty that axc�se :before the eue�t, of Foxce Majeure causing the
suspension�d�performance°�e excused as ��esult of the event Foxce Majeure;
(d) the.s�n-perfornvng.,Part����s����nable effc�rts to remedy its inability to pexform; and �
(e) �. 'the Term o�' �i� AgYeer�ie�t, as agreed } npt�n by Customer and Ameresco, shall be extended
for� �;�eriod equal to t�e �umbex:��cif , days that t�� event of Farce Majeure prevented the non-
perforti�ing Paxty from perf�rrning.
Any decisio��:�y Customer to ��1ose ox change the use of the facilities or ECM's at the Property,
except to the�e�te�t such clos�� ox change is itself caused by Foree Majeure, shall not constitute a
Force Majeuxe ext�s�� Custoxri�"� performance under this Agxeement.
SECTION 22 Gontract Documents
(a) Upon execurion of this Agreement by both Paxties, this Agreement and its Attachments,
which are hexeby incorporated herein by xeference, shall constitute the entire Agreement
between the Parries relating to the subject matter hereof, and shall supersede all requests for
pxoposals, proposals, previous agreements, discussions, negotiations, correspondences, and
all other communicarions, whethex oral or written, between the Parties xelating to the subject
matter of this Agreement.
(b) This Agreement may not be modified or amended except in writing signed by the Parties.
Confidential & Proprietary Information of Ameresco, Inc.
Page 17
(c) Headings axe for the convenience of reference only and are not to be construed as a part of
the Agreement.
SECTION 23 Norices
All notices, xequests, demands, elecrions and other communications under this Agreement, other
than operarional communicarions, sha11 be in writing and shall be deemed to have been duly given on
the date when hand-delivered, or on the date of the confirmed facsimile transmission, or on the date
received when delivered by courier that has a xeliable system for tracking delivery, ar siY (6) business
days after the date of mailing when mailed by United States mail, registexed or certified mail, xeturn
receipt requested, postage pxepaid. All norices shall be addressed to the following individuals:
(a) If to Customer:
City of Apple Valley
7100 147� Street West
Apple Valley, MN 55124
t�ttention:
�ith a copy to;
(b) If to Amexesco:
Amer��c�, �nc.
150 i�3arth Michigan Suite 2,�40
Chica�o, IL 60601 .
Attention: Mr. Lauis Maltezos, �ice President & General Manager of Midwest
„ Operarion� -� "�
`:With 4 a copq t�:
Amexesco, �nc.
111 Speen Street Suite 41� >,.
� �!'xamingham, I�!IA 01701,
�` A�fiention: General'-Counsel
Eithex Party may froii� 4irne tc� tirne change the individual(s) to receive notices and/ar its address fox
notification purposes by gi�uig Y1ie other Party written notice as provided above.
SECTION 24 Records
To assist Ameresco in its perfoYmance of this Agreement, Customer shall (to the extent it has not
alxeady done so) f�nish (ox cause its energy suppliers and transporters to furnish) to Ameresco,
upon its xequest, accurate and data (kept by Customer or Customer's energy suppliers and
transporters in the regular course of their respective businesses) concerning energy usage for the
e�sting facilities at the Property, including the following data for the most current thirty-siY (36)
month period: utility records, occupancy inforxnation; descriprions of any changes in building
structure ox heating, cooling or other systems or energy requirements; descriptions of all eneYgy
consuming or saving equipment used on Property; descriptions of all energy management procedures
Confidential & Proprietary Information of Ameresco, Inc.
Page 18
presently utilized. If requested by Ameresco, Customer shall also pxovide any priox energy analyses
of the Property, to the extent available.
SECTION 25 Re�resentarions and Wananties
Each Paxty warrants and repxesents to the other Party that:
(a) it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise,
to execute and deliver this Agreement and perform its obligations hereunder;
(b) its execuuon, delivery, and performance of this Agreems��� �ve been duly authorized by, or
are in accardance with, as to Ameresco, its oxgaruc i.tisi�►iriients and as to Customer, by all
requisite acrion and are not in breach of any applic.�ble la�ui or regularion;
`� :.
(c) this Agreement has been duly executed and delivered by the �ig,natories so authorized, and
� constitutes each Paxty's legal, valid and bi�di�ag=abligation, �`.;� :
� s ..
(c) its execution, delivery, and performance �f this Agreement shall nc� ��u1t in a breach or
violation of, or constitute a material defau,it tandex, an� �gxeement, leas� �€�x instrument to
which it is a party or by which it ox its pxopertie�.�ay b��i�und or affected, ��3
(d) it has not received any notice, nor t� the best of its 1�nt��,vledge is thexe pending or threatened
any notice of any violation of �y a�rplicable laws, o�ances, regulations, rules, decrees,
awaxds, permits or oxdexs whic� ;�voulc� �.�erially adver��3� affect its abiliry to perform
heseundex;
, � �� __._ �
ti .
_ .. ��
. �,
�_ _ � _
(e) the persons �executing tI� ��greement �re €�Ily �uthorized by.law to do so; and �
(� Customer wam�nts and rej3r�sents to Aii�exesco that Customer has obtained all necessary
� gove�runental, leg�l� �dniiY�.i�tr�tiit�e and any �er appxoval necessary for it to entex into and
�aer£axm' �� �greem��f. : '
� SECT'�+pN 26 A�ditional �resentations and Warranties of Customer
Customex her�b� warrants and re.�Zresents to Ameresco that:
(a) Customer �tends to c�s��inue to use the Propexty in a manner xeasonably similar to its
`�resent use, , ��' �
(b) Customer does nc�t contemplate any changes to the electrical and thexmal consumption
characterisrics of the Property except as may have been disclosed to Ameresco by Customer
in writing prior to the execution of this Agreement;
(c) Customer has provided Ameresco with a11 records hexetofore requested by Ameresco;
(d) Customer has not entered into any other agxeements or understandings fox the Property
with persons ox entiries other than Amexesco xegarding the provision of the Scope of
Services; and
(e) Since the date of the Audit, there has been no change, event, circuxnstance or development
Confidential & Proprietary Information of Ameresco, Inc.
Page 19
that has or could reasonably be expected to have a material advexse effect on (i) the
operation or condition of the Properly, (ii) the energy usage at the Pxoperty, or (iri) the ability
of Customer to perform its obligations hereundex.
SECTION 27 Independent Contractor
Nothing in this Agxeement shall be construed as reserving to Customer any right to exercise any
control over ox to diYect in any xespect the conduct ox management of business or operations of
Ameresco. The en�e control or direction of such business and opexations shall be in and shall
xemain in Ameresco, subject only to Ameresco's performance of its obligarions under this
Agreement. Neither Ameresco nox any person perfornung any duties or engaged in any work on the
Property on behalf of Amexesco shall be deemed an employee or agen't of Customer.
Nothixig in this Secrion shall be deemed to be a waivex t�f Customex's right to use the Property.
Customer and Amexesco are independent of one anatl�er and.;<sl�all ha�e no other relarionship
xelating to or arising out of this AgYeement. Neither Party`shall have �r �iold itself out as having the
right or authority to bind or create liability for tl�e �thex by its inte�tional or negligent act or
omission, or to make any contract or othenvise assume any obligarion or ��ponsibility in the name
of or on behalf of the other Party.
SECTION 28 Ne�ligent�Wron�gful Acts �
To the extent allowed by law, neither .Pasty ��fo this Agreement ��$all be liable fox any negligent ox
wxongful acts, either of conunission or c�mission, chargeable to'the other, unless such liability is
imposed by law. This Agseement shall not'be construed.as'..seeking fc� �ither enlarge ox diminish any
obligation or duty owed b!y ��e Party against the other or` ag�inst third parties.
SECTION 29 = Further I)o�uments and �vents
The P�rt�es�S�al� e�eecute�and d�livex a11 :clt>ccuments �nd perfarm all fiixther acts that may be
reascui�bly�necessary �� effectuate.�:lie provisioas of'this`Agreement. Ameresco agxees to execute and
deIi�er.all documents reasonably rec�ixi�ed to xelease any lien held by Amexesco or its assignees upon
teYininali�n of this Agreemex�t and pay�rient of all amounts required to be paid by Customer pursuant
to this A�r�ement at the time�of texiiunati�.; provided, however, that Ameresco shall have no right �
to xecord a lieri;•against the Prop�xty.
Customex shall exe�c�tte all docu�rents which may be xeasonably required fox AmeYesco to obtain all
licenses, pexmits and gcavern�ental appxovals requixed by Ameresco fox installation and operation of
the ECM(s). Ameresca`s t�b�iga�ions hereunder ase also subject to obtaiiung all such licenses, pernzits
and governmental approvals as are required to perform its obligations under this Agreement.
Customer agrees that Ameresco shall have the right to all environxnental, energy, tax, financial, and
electrical-related attributes, rights, credits, deductions, benefits and chaxacteristics associated with ox
arising out of the transacrions contemplated by this Agreement or associated with the ECMs or with
the energy, capacity or electrical savings created under this Agreement, howsoever created or
recognized. Customer shall provide Amexesco all reasonable assistance in perfecting its rights to
such attributes, rights, cxedits, benefits and characteristics. Ameresco's obligarions hereunder are
subject to obtauung all such required licenses, permits and govexnmental approvals.
Confidential & Proprietary Information of Ameresco, Inc.
Page 20
SECTION 30 Third P� Beneficiaries
The Parties hereto do not intend to create any rights for, ox gYant any remedies to, any third party
beneficiary of this Agreement.
SECTION 31 Norificarions of Governmental Acrion = Occu�ational Safe and
Health
The Parties shall notify each othex as promptly as is xeasonably possible upon becoming aware of an
inspection undex, or any alleged violation of, the Occupational Safety and Health Act or any other
pxovision of federal, state or locallaw, relating in any way to the undertakings of either Party under
this Agreement.
SECTION 32 Termination for Convenience _
; , �,.
CustomeY shall take all necessary and timely action t1�.x�:�ig the Terrn`tQ obtain funds and maintain
appropriarions sufficient to satisfy its obligarions u�der this Agreement. `=
The foxegoing notwithstanding, subsequent to rh�.:date of the Delivery anc� �1�+ceptance Certificate,
this Agreement may be terminated by Customex in`�c�cardance with,the provision� �£ this Section 32. �
Customex shall provide norice to Ameresco of its electio� to terrs�iiiate no later than`�hirty (30) days
in advance of the end of the then cu�re�;t �uasantee Yeaz'r�'he termination shall becor�� effecrive on �
the last day of said Guarantee Yeax. T�� *�rr�,i„arion of tli�s A�eement by Customex shall xelease
Ameresco from its obligation to provide mairxt�nance, moni#��ng and training services after the
effecrive date of texmination, as well as its obligat'ttan t�,provide Y�� Energy Sa�ings Guarantee aftex
the terminarion date; pro�aded, t�i�,t Customet.�s �esponsiU�e fo�' payment for maintenance, �
monitoring and txain't�� ser�� peYformed in accordance �uri�`h �e terrns` of this Agxeement pxior to
the texminarion dat��a�� AmeYes��>�hall xemain xe,s��ansible for ati�:�avings Guarantee payments due
Customer prior to the.cl�te of texin�i�tion.
SECTIt�� 3�� Re�����ces
Unie�s othe,�rwise stated, a3� ; referenees to a particulaf Attachment ox to Attachments herein are to
the xef�renced Attachmen�t:� Attacl�nents which �e attached to this AgYeement and all such
reference€� �ttachments are�i�cc�rpoxate�i.�i�,xeference within this AgYeement. All� references herein
to a Secrion ��11 refex to a Se�tion of this Agreement unless this Agreement specifically provides
otherwise.
IN WITNESS WI�E`REOF t�e duly authorized officers or representarives of the Parries have set
their hand on the date fi�s� ��aten above with the intent to be legally bound.
CITY OF APPLE VALLEY AMERESCO, INC.
Authorized Signature Authorized Signature
Name: Name:
Tide: Title:
Confidential & Proprietary Information of Ameresco, Inc.
Page 21
.\ .'`':�.�.
Confidential & Proprietary Information of Ameresco, Inc.
Page 22
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�' !. ;x _, Lighting Efficiency ��ipi+��►e�ntents . n ' ,�s ° �12,345 $2{�7,3�7:
Building Envelope �Air Infiltratic�n Reduction); Municipal Center; CMF; Teen
2 Center; Community Center; Liquor Store 1, 2, 3; AV Community Center; $7,517 $114,633
Hayes Senior Center
� ' Lov�r-� Wlrrdo�nt Fi�� �Ext�rir�r i�llint�ows); IVl�r�icipal Center ; ,$2 ;;,� �6�.,�5� ,
� Roofing Replacement (Dur�l�st); Municipal Center South End; Community $1,481 $236,668
' Center Origina( Buifding
' Networked — Building Automation Controls Replacement; Teen Center;
� X Liqubr Store 1, 2' $6,094 $10,048
6 X' Community Center - Control Replacem�nt & D�stratification Fans $14,262 $254,843
� n ,� �., . � � �
� 7 ' ' Pr€�ject D�v�lt�pmertt �crst �'� " ��; $14,9�0
TOTAL $43,768 $899,650
X= Replacement Efficiency Measures for removal Hayes Arena Measures
„
����� ., �� � ,� � � ,� °��� � � �, ��;� �' � � , ` �� � � _ � �''�
� � � �� 1� °� � � � �' �, � -
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C� Amererco. Inc. 2013,1'ldl Rightr Roren�ed � �
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at�on
� Anaeresro, Inc. 2093, All Reght� Rererced � �
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� � `� � `L.f' � ��'l liti i�c�V`+� �Vi�s � � � , � °� �� �4�'f' �� �� �� �� �i�'�,3!���� �
n i m �u �F �i = � �. '� � '� � Pii �
„ . '?r�il , -' ; ��c� I.,a`7 , � � '"�*�' _ . -" y�l�:'�_—, �"� � �; ��� r ` , ' ��a"II,�� _, ��_ .���u =�� ,�) i 1�1 � - "� - ,
—, . , . . . �,. . _
Municipal Center $ 3,152 - $ 66,231
CMF' � ' 1,669 ` $ 45,15$
Teen Center $' 624 ' $ 11,687
Redwood Community Pool $ 721 ;$ 7,103
AV Community Cente� $ ' 4,798 $ 54,318
Sports Arena at RV HS $ ' 574 $ 9,972
Fire Station 1 $ 8i37 '' $ 12,837
� � ,, a iR�i�t���+g En����s���� ���t� ��ifiltra�i�� ��r��l��ic�t� � _ � ; �'� .�'.flLLE �� ��',�.='��.�,� :i 7 � � � � ����6�� a�� � ..
, , , � .. � r
Municipal Center $' 1,114 $ 22,255
CMF' $ 2,469 ' � 44.980
Teen Center ' $ 190 $ 2,973
AV Community Center $ 1,538 - '$ 25,698
Hayes Community Senior Center $ 120 ` $ 2,386
Liquor Store 1 $ 638 $ 8,018
Liquor Stare 2 $ 405 ' $ 4,333
Liquor Store 3 $ 1,044 ' $ 3,990
a «"� ��iIE��3W �����i'�ii�ll!� ��X��C�Of:��t1C��'il1�"'�'} , � � ; �3Y� v a�' ,,,; r �' ` '���7� i��� F� ��- � It � `
�� ��� tA
Municipal Center $ ', 2,070 $ 61,253
r= +�} I �bF����� IwGp���Z'►flf'.T���r� r �� �t. � i� �i���l , � ipi � �"�j u � .�� ,'�y+��'�,.,, �la � �� � ���13����at` ! � �
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Teen Center �� � �� $ ', � 144 �� � ��.�$ � 4.446 � � �
Liquor Store 1 , $ 2,975 ' $ 2,801
Liquor Store 2 $ 2 975 $ 2 801
.��; � i • �i � ii : E � � � _ �
; � °� 3� �����zr��urii#��!�en��w +C�r�t�+��� ��ep�a�et�i�nt � �„ ' �` r � �� � �: �� � ���,���� �- '��� I ut�5��� � :,
7�� �Prc�ject D�vel�pm�ttt Cost { Facility E�ietgy Audit �$'� �� ����� 14,900
TOTAL $ 43,768 $ 899,650
X= Replacement Efficiency Measures for removal of Hayes Arena Measures
�`� Amerercn, Iuc. 2013, Ald Right� Reren�ed �
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Building En�elt�pe (Air Infiltr�tion Reductiori);; Municipal C�nter; CM�; 7ee�r
2 Cente'r; Community �enter; OId City Hall; Liquor Store 1, �, 3; A�V Cemmunity I $8,557 �254��96 $131,061 '
Center; Haye� Senior Center
� Lar�-E, Wihcic�w Filr� (��cterior 1l'llindtiw��, iV�uni�ip�� �e�t�r; T��n �ent�rx F��`e � ������ °" ���,���', �61,25� '
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5 Hayes Dehumidification - Small Indaor Units $0 $0 ,$141,724
6 Hayes low-E Ceiling $2,901 $86,380' $69,924
7 'pr+�ject Developrrlent Costi $l7 �U ; $14,900 '
Yellow Highlight = Hayes Arena Measures roTa� $30,379 $904,642 $899,209
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City of App�e
Va��ey MEMO
Public Works Department
TO: Mayor, City Council, and City Administrator
FROM: Colin G. Manson, City Engineer
DATE: May 7, 2013
SUBJECT: JOINT POWERS AGREEMENT FOR UTILITY REPAIRS AND
ADJUSTMENTS, TURN LANE AND MEDIAN REVISIONS, AND
BITUMINOUS OVERLAYS BETWEEN DAKOTA COUNTY AND THE
CITY OF APPLE VALLEY FOR CITY PROJECT 2013-105, 2013 DAKOTA
COUNTY OVERLAY
The 2013 Dakota County overlay project includes overlay work on CSAH 42 from the Burnsville
border to Diamond Path and on CSAH 46 from Cedar Avenue to Pilot Knob Road. In addition to the
overlay work, maintenance work on storm sewer structures within the corridors under the
maintenance responsibility of the City of Apple Valley will be performed.
The attached joint powers agreement identifies funding responsibility for the work. Overlay work
will be funded 100 percent by Dakota County. Utility work on CSAH 42 and CSAH 46 within
Apple Valley will be funded based on an 80 percent Dakota County, 20 percent Apple Valley split.
The estimated cost to the City of Apple Valley associated with the storm sewer utility maintenance
work totals $43,678.90. The cost of the work is included in the 2013 street maintenance fund.
Recommended Action:
Approve Joint Powers Agreement for Utility Repairs and Adjustments, Turn Lane and Median ��
Revisions, And Bituminous Overlays Between Dakota County and the City of Apple Valley for City �
Project 2013-105, 2013 Dakota County Overlay. , I
�I
CGM:jcb '
Attachment I �i
�
c: Todd Blomstrom �
Contract No. C0024602
JOINT POWERS AGREEMENT
DAKOTA COUNTY
TRANSPORTATION DEPARTMENT
AGREEMENTFOR :
UTILITY REPAIRS 8� ADJUSTMENTS,
TURN LANE � MEDIAN REVISIONS,
AND BITUMINOUS OVERLAYS
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF APPLE VALLEY
FOR
COUNTY PROJECT NO. 42-128, 42-129 � 46-42
CITY PROJECT NO. 2013-105
FOR THE
Repairs and adjustments to city utilities, storm sewer, turn lane and median revisions, milling
and bituminous overlays on County State Aid Highway (CSAH) 42 (150 Street) from the west
city limits to CSAH 33 (Diamond Path) and on CSAH 46 (160 Street) from CSAH 23 (Cedar
Avenue) to CSAH 31 (Pilot Knob Road) all in Apple Valley, Dakota County.
County Project No.42-128, 42-129 & 46-42
City Project No. 2013-105
Contracf No. C0024602
April 29, 2013
THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to
in this Agreement as "the County"; and the City of Apple Valley, referred to in this Agreement
as "the City"; and witnesses the following:
WHEREAS U11d@C MINNESOTA STATUTES §§ 162.17 subd. 1 and 471.59, subd. 1, two or more
governmental units may enter into an agreement to cooperati�ely exercise any power common
to the contracting parties, and one of the participating governmental units may exercise one of
its powers on behalf of the other governmental units; and
WHEREAS, it is considered mutually desirable to repair and adjust affected utilities, and mill
and bituminous overlay on CSAH 42 and CSAH 46 in Apple Valley (the "Project"); and
WHEREAS, the County and the City have included this Project in their Capital Improvement
Programs and will jointly participate in the costs of said utility repairs/adjustments.
NOW, THEREFORE, it is agreed that the County and the City will share Project responsibilities
and costs associated with utility repairs/adjustments, and related activities as described in the
following sections:
1. CSAH 42 and CSAH 46 Resurfacinq & Turn Lane/Median Revisions. The County shall
be solely responsible for the costs of the turn lane and median revisions, milling, bituminous
overlay and required utility height adjustments on CSAH 42 and CSAH 46.
2. Utilitv Repairs. The construction costs for the repairs to catch basins and catch basin
manholes connecting to mainline pipes on CSAH 42 and CSAH 46 in Apple Valley shall be
shared in the amount of 80°/a by the County and 20% by the City. The construction costs for
the repairs to mainline pipes, storm water treatment and mitigation facilities shall be shared
based on the County and City shares of contributing flows. The City shall be responsible for all
other costs associated with the utility repairs on CSAH 42 and CSAH 46. The City shall be
responsible for inspecting and approving the utility repairs.
3. Plans and Sqecifications. The County shall prepare the complete plans, specifications
and contract documents for the turn lane and median revisions, milling and bituminous overlay
2
County Project No.42-128, 42-129 & 46-42
City Project No. 2013-105
Contract No. C0024602
April 29, 2013
in County Projects 42-128, 42-129 & 46-42 consistent with State Aid design standards and the
Dakota County Transportation Plan. The City shall prepare the plans and technical
specifications for the utility repairs to be incorporated into the County plans and specifications.
The County Board will award the contract for construction to the lowest responsive and
responsible bidder in accordance with state law.
. 4. Pavment. The County will administer the contract and act as the paying agent for all
payments to the Contractor. Payments to the Contractor will be made as the Project work
progresses and when certified by the County Engineer. The County, in turn, will bill the City for
its share of the Project costs. Upon presentation of an itemized claim by one agency to the
other, the receiving agency shall reimburse the invoicing agency for its share of the costs
incurred under this Agreement within 30 days from the presentation of the claim. If any portion
of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be
promptly paid, and accompanied by a written explanation of the amounts in question. Payment
of any amounts in dispute will be made following good faith negotiation and documentation of
actual costs incurred in carrying out the work.
5. Chanqe Orders and Supqlemental Aqreements. Any change orders or supplemental
agreements that affect the Project cost participation must be approved by all parties prior to
execution of work.
6. Amendments. Any amendments to this Agreement will be effective only after approval
by both governing bodies and execution of a written amendment document by duly authorized
officials of each body.
7. Effective Dates. This Agreement will be effective upon execution by duly authorized
officials of each governing body and shall continue in effect until all work to be carried out in
accordance with this Agreement has been completed. Absent an amendment, however, in no
event will this Agreement continue in effect after December 31, 2014.
8. Final completion. Final completion of the construction Project must be approved by both
parties.
3
County Project No.42-128, 42-129 & 46-42
City Project No. 2013-105
Contract No. C0024602
April 29, 2013
9. Pavement Maintenance. Upon acceptance of the Project, the County shall be
responsible for all pavement maintenance within County right-of-way unless necessitated by a
failure of a municipal utility system or installation of new facilities.
10. Subseauent Excavation. After completion of the Project, and after expiration of the
warranty period regarding repair, if excavation within the highway right-of-way is necessary to
repair or install water, sewer, or other city utilities, the City shall restore the excavated area and
road surface to substantially the condition existing immediately prior to the disturbance. If the
City employs its own contractor for water, sewer, storm sewer or other utility repair or
installation, the City shall hold the County harmless from any and all liability incurred due to the
repair or installation of said water, sewer or other City owned utility including, but not limited to,
the costs of repair as well as liability to third parties injured or damaged as a result of the work.
If the City fails to have the highway properly restored, the County Engineer may have the work
done and the City shall pay for the work within 30 days following receipt of a written claim by the
County.
11. Rules and Requlations. The County and the City shall abide by Minnesota Department
of Transportation standard specifications, rules and contract administration procedures.
12. Indemnification. The County agrees to defend, indemnify, and hold harmless the City
against any and all claims, liability, loss, damage, or expense arising under the provisions of
this Agreement and caused by or resulting from negligent acts or omissions of the County
and/or those of County employees or agents. The City agrees to defend, indemnify, and hold
harmless the County against any and all claims, liability, loss, damage, or expense arising
under the provisions of this Agreement and caused by or resulting from negligent acts or
omissions of the City and/or those of City employees or agents. All parties to this Agreement
recognize that liability for any claims arising under this Agreement are subject to the provisions
of the Minnesota Municipal Tort Claims Law; MINNESOTA STATUTES, Chapter 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. The County shall include the City as additional insured in the contract documents.
4
Counry Project No.42-128, 42-129 & 46-42
City Project No. 2013-105
Contract No. C0024602
April 29, 2013
13. Acts of Emplovees. Any and all persons engaged in the work to be perFormed by the
County shall not be considered employees of the City for any purpose, including Worker's
Compensation, or any and all claims that may or might arise out of said employment context on
behalf of said employees while so engaged. Any and all claims made by any third party as a
consequence of any act or omission on the part of said County employees while so engaged on
any of the work contemplated herein shall not be the obligation or responsibility of the City. The
opposite situation shall also apply: the County shall not be responsible under the Worker's
Compensation Act for any employees of the City and any and all claims made by any third party
as a consequence of any act or omission on the part of said City employees while so engaged
on any of the work contemplated herein shall not be the obligation or responsibility of the
County.
14. Audits. Pursuant to MINNESOTA STATUTES § 16C.05 Subd. 5, any books, records,
documents, and accounting procedures and practices of the County and the City relevant to the
Agreement are subject to examination by the County or the City and either the Legislative
Auditor or the State Auditor as appropriate. The County and the City agree to maintain these
records for a period of six years from the date of perFormance of all services covered under this
Agreement. Dakota County will be financially responsible for the cost of the audit.
15. Inteqration and Continuinq Effect. The entire and integrated agreement of the parties
contained in this Agreement shall supersede all prior negotiations, representations or
agreements between the County and the City regarding the Project; whether written or oral. All .
agreements for future maintenance or cost responsibilities shall survive and continue in full
force and effect in accordance with the Dakota County Transportation Plan after completion of
the roadway construction provided for in this Agreement.
[SIGNATURE PAGE TO FOLLOW] '
fV.1,; �2_,29. 96-�2,4��f� Vatiey COG2�602.c�oc
5
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly
authorized officials.
CITY OF APPLE VALLEY
RECOMMENDED FOR APPROVAL:
By
Public Works Director Mary Hamann-Roland
Its: Mayor
APPROVED AS TO FORM: (SEAL)
By
City Attorney Pamela Gackstetter
Its: City Clerk
Date
-----------------------------------------------------------------------------------------------------------------------------
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
County Engineer Assistant County Attorney / Date
By:
Physical Development Director
COUNTY BOARD RESOLUTION:
No: 13-106 Date: February 26, 2013 Date:
���
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City of Apple
Va��ey
MEMO
Public Works Department
TO: Mayor, City Council, and City Administrator
FROM: David E. Bennett, Asst. City Engineer
DATE: May 2, 2013
SUBJECT: DESIGN AGREEMENT WITH D.R. HORTON,INC., FOR PROJECT 2012-134,
CORTLAND 2 ADDITION
Attached for consideration is an agreement with D.R. Horton, Inc., for engineering design of
public infrastructure to serve phase one of the proposed Cortland 2 Addition. D.R. Horton, Inc.
has requested that design efforts for infrastructure serving the site proceed prior to their receipt of
final approvals for the development. The scope of design included in the agreement covers the
following public infrastructure improvements associated with phase two of the development:
• Streets, walks and trails
• Sanitary sewer and services
• Water main and services
• Storm sewer '
All costs associated with design work would be funded by D.R. Horton, Inc., via the attached �'�,
design agreement. l
Recommended Action:
Approve Design Agreement with D.R. Horton, Inc., for Design Services Relating to the Proposed
Cortland 2" Addition, AV Proj.ect 2013-136.
DEB:jcb
Attachment
c: Todd Blomstrom
DESIGN AGREEMENT
BETWEEN
CITY OF APPLE VALLEY
AND
D.R. AORTON, INC: MINNESOTA
This Design Agreement ("Agreement") is made by and between D.R HORTON, INC.-
MINNESOTA, a Delaware corporation ("Developer"), and the City of Apple Valley, a
1Vlinnesota municipal corporation ("City"). Developer and City are collectively referred
to as the "Parties".
WI3EREAS, Developer intends to develop real property legally described on the
proposed Plat attached hereto as Exhibit A and. incorporated herein as a new subdivision
known as Cortland 2n Addition (the "Property"); and
WHEREAS, development of the Property will include (i) sanitary sewer and
service stubs, (ii) water main and service stubs, (iii) storm sewer, (iv) streets with
concrete curb and (v) concrete sidewalks (collectively the "Improvements"); and
WHEREAS, Developer has requested and City has agreed that City shall design
the Improvements at Developer's sole cost and expense; and
WHEREAS, the cost of designing the Improvements (the "Design Costs") is
currently estimated to be Thirty-Four Thousand Seven Hundred Ninety-Seven and
� No/100 Dollars ($34,797.00); �
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Subject to the terms of this Agreement, City and its engineering staff ("City
Engineering") shall design the plans and specifications for the Improvements
� (collectively the "Plans"). � �
2. Developer agrees to pay the actual Design Costs based on City
Engineering's fees in effect when the work is performed. City Engineering's fee schedule
for 2013 is attached as Exhibit B.
,
i
a. The Design Costs for the initial, complete set of Plans shall be
calculated based on a percentage of the actual construction cost as
specified in City Engineering's fee schedule in effect when the work
is performed.
b. The additional Design Costs for any Revisions as hereinafter defined
shall be billed at City Engineering's hourly rates in effect when the
work is performed.
3. Contemporaneously with execution of this Agreement, Developer shall
deposit with the City the sum of Thirty-Four Thousand Seven Hundred Ninety-Seven and
No/100 Dollars ($34,797.00) in cash (the "Deposit") as a deposit toward the Design
Costs.
4. The parties acknowledge and agree that, as development progresses,
circumstances and events may necessitate revision of the Plans ("Revisions"). In the
event City, in its sole discretion, determines that Revisions are necessary:
a. City shall notify Developer in writing of the Revisions, the
circumstances that necessitate the Revisions, and the anticipated
effect of the Revisions on the Design Costs ("Written Notice").
b. Developer sha1L•
i. Deliver to City written acknowledgement of receipt of City's
Written Notice and acceptance thereof.
ii. If the Written Notice states that the Revisions are anticipated
to increase the Design Costs, the Developer shall deposit
additional cash with the City to increase the Deposit to cover
100 percent of the estimated Design Costs. City shall not be
obligated to proceed with designing the Improvements until
such payment is received.
5. After City completes the Plans, City shall deliver to Developer an invoice
listing the actual Design Costs and the amount of the Deposit received (the "Invoice")
and (i) if the Deposit exceeds the Design Costs, the City shall refund the balance to
2
Developer, or (ii) if the Design Costs exceed the Deposit, Developer shall pay the
shortfall to the City within ten (10) days after receipt of the Invoice.
6. Developer acknowledges and agrees that (i) Developer's plans for
development of the Property (the "Development Plans") are subject to approval by City;
(ii) Developer's obligation to pay the Design Costs to City is not contingent upon
approval of the Development Plans by City; (iii) this Agreement or the performance
thereof by one or both parties shall not affect City's consideration of the Development
Plans; and (iv) Developer may incur additional Design Costs if City requires revision of
the Development Plans.
IN WITNESS WHEREOF, the parties have executed this Agreement to be
effective as of the _ day of , 2013.
D.R. HORTON, INC.-MINNESOTA
a Delaware corporation
B
ItS:
CITY OF APPLE VALLEY
By: Mary Hamann-Roland
Its: Mayor
By: Pamela J. Gackstetter
Its: City Clerk
3
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City of Ai�pVa��e
Y
MEMO
Public Warks Department
TO: Mayor, City Council, and City Administrator
FROM: David E. Bennett, Asst. City Engineer
DATE: May 2, 2013
SUBJECT: PRIVATE 1NSTALLATION AGREEMENT WITH DR HORTON, INC., FOR
PROJECT 2013-136, CORTLAND 2ND ADDITION
Attached for consideration is an agreement with DR Horton, Inc., for the private installation of
public infrastructure serving the proposed Cortland 2nd Addition. The applicant is proposing to
construct the second phase of single family homes. The first phase included 30 of the 178
proposed single family lots, and this phase includes an additiona1281ots within the development.
The attached agreement would allow DR Horton, Inc., to move forward with installation of '
public infrastructure serving the development prior to receiving final approvals. The agreement '
allows for infrastructure installation after receipt of securities covering infrastructure costs and a '
deposit to account for City overhead costs. Funding of all infrastructure installed will be '
provided by DR Horton, Inc. The agreement does not bind the City Council to the approval of I
the proposed development, and all infrastructure installed is at the developer's risk. '�
Recommended Action: '
�
Approve Private Installation Agreement with DR Horton, Inc., for Installation of Public �'',
Infrastructure Relating to the Proposed Cortland 2nd Addition, AV Project 2013-136. '�,
DEB:jcb I ',
�
Attachment I
c: Todd Blomstrom '
I
�
AGREEMENT FOR PRIVATE INSTALLATION
OF IMPROVEMENTS
Between
D.R. HORTON, 1NC.-MINNESOTA
And
CITY OF APPLE VALLEY
For
CORTLAND 2 ND ADDITION
AGREEMENT
WHEREAS, the City of Apple Valley, a Minnesota municipal corporation, (the "City")
has been requested by D.R. HORTON, INC.-MINNESOTA, a Delaware corporation, (the
"Developer") to approve and allow the following described installation of improvements for the
land to be subdivided and developed as:
The Plat of CORTLAND 2� ADDITION (the "Property") (the proposed Plat containing
the legal description and depiction of the Property is attached hereto as Exhibit "A"); and
WHEREAS, the City has agreed to approve and allow the installation of improvements
on the terms and conditions contained herein;
NOW, THEREFORE, in consideration of the mutual agreements of the parties, it is
hereby agreed by and between the parties as follows:
1. Subject to the terms and conditions of this Agreement, the City hereby approves
installation of improvements, prior to plat approval and recording, on the Properly.
2. IMPROVEMENTS
The Developer has requested and the City has designed the necessary (i) sanitary sewer
and service stubs, (ii) water main and service stubs, (iii) storm sewer, (iv) streets with concrete
curb, and (v) concrete sidewalks (collectively the "Improvements"). The Improvements are as
identified in the plans set dated , signed by David E. Bennett, P.E. (the
"Plans Set"). Upon completion of the Improvements, and following acceptance by the City and
the recording of the final Plat, the Improvements shall be maintained as follows:
i) The City shall only be responsible for maintenance of sanitary lines having a pipe
equal to or greater than eight inches in diameter. Maintenance of service and
lateral lines having a pipe of less than eight inches in diameter shall be the
responsibility of the individual properiy owner or property owner's association.
The Developer shall be responsible for 100% of the cost of installation.
ii) The City shall only be responsible for maintenance of water lines having a pipe
equal to or greater than six inches in diameter. Maintenance of services, shut offs
and lateral lines having a pipe of less than six inches in diameter shall be the
responsibility of the individual properiy owner or property owner's association.
The Developer shall be responsible for 100% of the cost of installation.
1
iii) Outside of dedicated public rights-of-way, the City shall only be responsible for
maintenance of manholes and outlet lines connecting manholes to the rest of the
City's storm sewer system. Maintenance of catch basins and leads to manholes
shall be the responsibility of the individual property owner or property owner's
association. The Developer shall be responsible for 100% of the cost of
installation.
The Developer agrees to grade the Property and to install the Improvements in
accordance with and under the following conditions:
A. To grade the Property in accordance with the Grading Plan on file with the City.
B. To install the Improvements, as designed by the City, in accordance with the
Plans Set and in accordance with City Standards.
C. To install each item noted herein at the Developer's sole cost and expense.
D. To attend a preconstruction meeting with representatives of the City and to
require the attendance of all contractors and subcontractors, prior to
commencement of construction.
E. The Developer will not bury any pipe, install bituminous surface or pour concrete
without the specific approval of the City Inspector, prior to the work being
performed.
F. To deliver and to keep in existence with the City a letter of credit or cash escrow
in the amount of Eight Hundred Five Thousand Four Hundred Seventy-Five and
No/100 Dollars ($805,475.00) to secure the performance and payment of the
Developer's obligations under this Agreement as they relate to the Improvements,
in a form and with the terms to the sole satisfaction of the City.
Periodically upon Developer's written request and upon completion and
verification of satisfactory compliance of any installed Improvements, a like
percentage of that portion of the Financial Guaranty covering those specific
completed Improvements may be released; except however the fmal twenty
percent (20%) of the Financial Guaranty shall be held until a final acceptance by
the City of all requirements under the Development Agreement for the Property.
At the time of final inspection of all Improvements, if it is determined by the City
that the submitted plans and specifications were not strictly adhered to or that
work was done without City inspection, the City may require that the Developer
post a cash escrow equal to one hundred twenty-five percent (125%) of the
estimated amount necessary to correct the deficiency or to protect against
deficiencies arising therefrom. Such additional cash escrow shall remain in force
for such time as the City deems necessary, not to exceed five (5) years.
2
G. To pay the City's costs related to the installation of the Improvements and this
Agreement, including but not limited to administration, engineering, legal fees
and inspection, which the City estimates to be approximately One Hundred
Twenty Thousand One Hundred Seventy-Seven and No/100 Dollars
($120,177.00). Such costs shall be paid as follows:
i) The Developer deposited $34,797.00 toward design costs for the
Improvements, which shall be applied toward the City's costs under this
Agreement.
ii) The Developer shall deposit an additional sum of Eighty-Five Thousand
Three Hundred Eighty and No/100 Dollars ($85,380.00) with the City for
payment of the City's costs under this Agreement.
iii) Upon separate written request from the Developer, not more than one time
per month, the City shall submit a written statement to the Developer with
detailed descriptions of the City's costs related to the Improvements and
this Agreement, and a statement of the balance of the deposit.
iv) If the City's costs exceed the deposit, the Developer agrees to reimburse
the City within thirty (30) days of billing. Should the costs be less than the
amount of the deposit, upon completion of the Improvements, the amount
remaining on deposit shall be returned to the Developer.
H. That any violation of the terms of this Agreement shall allow the City to stop all
construction on the Property until authorization to proceed is given by the City.
The Developer agrees to hold the City harmless from any damages, causes of
action, or claims related to the construction being stopped by the City.
3. The Developer agrees to install all utilities underground in the Property,
specifically including electrical, telephone, cable television and gas services.
4. Within thirty (30) days after completion of the Improvements, the Developer shall
(i) televise the utilities to ensure they have been completed in accordance with the City Code,
City Standards and the plans and specifications on file with the City'and (ii) give written notice
to the City that the Improvements have been completed in accordance with the City Code, City
Standards and the plans and specifications on file with the City. The City shall then inspect the
Improvements and notify the Developer of any Improvements that do not appear to conform to
the City Code, City Standards andlor the submitted plans and specifications. If Developer's
Improvements do not conform to the City Code, City Standards and submitted plans and
3
specifications or are later discovered to not conform, the City shall immediately notify the
Developer of the need for repair or replacement. Notwithstanding any provision herein to the
contrary, the Developer agrees that in case of emergency, the City may cure any default by
Developer without prior notice to Developer, and the Developer waives any and all rights to
notice of default in such event. Any cost incurred by the City to cure the default shall be the
financial obligation of the Developer, and shall be paid to the City within ten (10) days of receipt
of an invoice for such costs.
5. The Developer agrees to reimburse the City for all engineering, administrative
and legal costs and expenses incurred by the City in connection with this Agreement or the
enforcement thereof.
6. Unless a longer warranty period is provided by Minnesota law, the Developer
warrants all Improvements required to be performed by Developer, its agents and employees,
against poor design, engineering, materials and faulty workmanship for a period of two (2) years
after acceptance by the City. Developer shall provide a warranty bond(s), in an amount equal to
the cost of the Improvements, for a two (2) year period commencing upon the City's acceptance
of the Improvements. The Developer shall be solely responsible for the cost and expense to
perform all required repair work to City Standards within thirty (30) days of written notification
by the City.
7. INSURANCE
A. General Requirements: The Developer shall not commence work under this
Agreement until it has obtained all insurance required under this Section and shall
have filed the certificate of insurance or the certified copy of the insurance policy
with the City, and the Developer shall maintain such insurance until the date six (6) .
months after the City has accepted the Improvements. The Developer shall not
allow any subcontractor to commence work on its subcontract until all insurance
required for the subcontractor has been obtained. Each insurance policy shall
contain a clause providing that it shall not be canceled by the insurance company
without ten (10) days written notice to the City of intent to cancel. The Developer
shall notify its insurance company in writing that the insurance company must
notify the City if it cancels the Developer's insurance. The Developer shall provide
4
a copy of this written notice to the City. Each insurance policy shall contain a
clause naining the City as an additionally insured party under the policy.
Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or
ACORD 25 forms and shall specifically note the clause providing for 10 days
written notice to the City of intent to cancel. The certificates of insurance shall
also specifically note the clause naming the City as an additionally insured party
under the policy. The following minimum coverage shall apply.
i) Warker's compensation insurance and employer's liability insurance as
required by law.
ii) Comprehensive general and automobile liability insurance, including
coverage for non-owned and hired vehicles, in limits as follows:
General Liability - Bodily Injury $1,000,000 each occurrence
$1,000,000 completed operations
Property Damage $100,000
OR
Combined Single Limit $1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability - Bodily Injury $250,000 each person
$500,000 each occurrence
Property Damage $100,000 each occurrence
$200,000 aggregate
OR
Combined Single Limit $1,000,000
iii) In addition to all listed coverages, Developer shall procure and maintain
an Umbrella or Excess liability policy in a minimum limit of $1,000,000.
B. Minimum Insurance Requirements: Losses other than those covered by insurance
shall be the sole responsibility of the Developer. The insurance requirements as set
forth herein shall be considered to be minimum requirements only. Any other
insurance that may be necessary to provide adequate coverage must be provided by
the Developer at its sole cost and expense.
C. Contractual Liability: To the fullest extent permitted by law, the Developer shall
indeimufy and hold harmless the City and its agents and employees from and
against all claims, damages, losses and expenses, including but not limited to
attorneys' fees arising out of or resulting from the performance of this Agreement
provided that any such claim, damage, loss or expense (1) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the work itsel� including the loss of use resulting therefrom, and (2) is
caused in whole or in part by any negligent act or omission of the Developer, any
5
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in
part by a party indemnified hereunder. Such obligation shall not be construed to
negate, abridge ar otherwise reduce any other right or obligation of indemnity
which would otherwise exist as to any party or person described in this Section.
8. The Developer hereby specifically releases the members of the City Council from
any personal liability in connection with handling funds pursuant to the terms of this Agreement,
and further agrees to indemnify and hold the members of the City Council harmless from any
claim of any and every nature whatsoever as a result of this Agreement.
9. The parties mutually recognize and agree that all terms and conditions of this
Agreement shall run with the Property and shall be binding upon the successors and assigns of
the Developer.
IN WITNESS WHEREOF, the parties have hereunto set their hands this day of
, 2013.
D.R. HORTON, INC.-MINNESOTA,
a Delaware corporation
By:
ItS:
CITY OF APPLE VALLEY
By: Mary Hamann-Roland
Its: Mayor
By: Pamela J. Gackstetter
Its: City Clerk
6
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2013, by , the of
D.R. HORTON, INC.-MINNESOTA, a Delaware corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA ) -
The foregoing instrument was acknowledged before me this day of
, 2013, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and
Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the
municipal corporation.
Notary Public
THIS 1NSTRUIVIENT WAS I,�RAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
7300 West 147th Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432�-3136 �
1VIDK (66-33705)
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City of A►ppVa��ey
MEMO
Public Works Department
TO: Mayor, City Council, and City Administrator
FROM: David E. Bennett, Asst. City Engineer
DATE: May 2, 2013
SUBJECT: FIRST AMENDMENT TO CORTLAND PARK AND PONDING AGREEMENT
FOR PROJECT 2012-134, CORTLAND
Attached for consideration is an amendment to the park and pond agreement for Cortland. The
property owner Palm Realty Inc. has requested additional time to complete the grading on the
west side of the pond. The majority of the pond has been constructed and temporary ponding
easements have been secured to allow for Cortland 2 Addition to move forward.
Palm Realty Inc. will complete the grading of the pond no later than December 31, 2015. At
which time the park and pond will be conveyed to the City.
Recommended Action:
Approve First Amendment to the Cortland Park and Pond Agreement with Palm Realty Inc.
DEB:jcb
Attachment
c: Todd Blomstrom
FIRST AMENDMENT TO
CORTLAND PARK AND PONDING AGREEMENT
This Amendment is made this t day of , 2013, by and
between the City of Apple Valley, a Minnesota municipal corporation (the "City") and Palm
Realty, Inc., a Minnesota corporation (the "Owner").
WHEREAS, the City and the Owner entered into that certain Cortland Park and Ponding
Agreement dated October 11, 2012, recorded OtiG�M8E2 tQ, 2012, as Document
No. Zq t 58� 5 in the Office of the Dakota County Recorder, regarding property legally
described as follows:
Outlot A, CORTLAND, according to the recorded plat thereof, Dalcota County,
Minnesota
("Outlot A"); and
WHEREAS, the Owner has requested additional time to complete the grading of
Outlot A, and the City has agreed to extend the deadline to complete the grading of Outlot A
until December 31, 2015, subject to the terms and conditions contained herein;
NOW, THEREFORE, in consideration of One and no/100 Dollar ($1.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Cortland Park and Ponding Agreement is hereby amended as follows:
1. The Owner shall complete the grading and the Improvements and deliver an as-
built survey to the City for approval no later`than December 31, 2015.
2. The Owner shall deliver and keep in existence with the City a letter of credit or
cash escrow in the amount of Forty Thousand and No/100 Dollars ($40,000.00) (in addition to
the letters of credit or cash escrows under the Development Agreement, the Agreement for
Private Installation of Improvements and any other documents related to the development of
Cortland) to secure the performance and payment of the obligations under the Cortland Park and
Ponding Agreement, as amended herein, to the satisfaction of the City. Each letter of credit must
contain a provision that it is automatically renewable for successive one-year periods unless at
least thirty (30) days prior to its expiration the issuer delivers written notice to the City of its
intention to not renew the letter of credit. Following receipt of notice of non-renewal, the City
may at any time thereafter, present the letter to the issuer and draw in cash the remaining
principal obligation under the letter of credit.
3. If the Owner fails to timely complete the grading and the Improvements as
provided in the Cortland Park and Ponding Agreement, as amended herein, then after the closing
on the conveyance of Outlot A to the City, the City shall have the right to apply the Escrow to
the City's costs of completing the grading and the Improvements, including but not limited to
labor, topsoil, materials, erosion control, engineering, surveying, legal fees and administrative
expenses related thereto.
4. The closing on the conveyance of Outlot A to the City shall take place on
January 29, 2016 (the "Closing Date"), subject to the terms and conditions of the Cortland Park
and Ponding Agreement, as amended herein.
2
5. The Owner shall be responsible for the additional cost of updating the title
evidence prior to closing if required by Title Company to issue an owner's title insurance policy
to the City.
6. The Owner shall be responsible to provide all labar and materials necessary for
the establishment of healthy grass turf on Outlot A as described on Exhibit A to the Cortland
Park and Ponding Agreement for one (1) year after completion and acceptance of grading and
the Improvements, at the Owner's sole cost and expense.
7. The provisions of the Cortland Park and Ponding Agreement remain in full force
and effect except as specifically amended herein.
8. The Owner shall record this Amendment in the Office of the Dakota County
Recorder.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
listed above.
PALM REALTY, INC.,
a Minnesota corporation
'`� � . '
By: Li�a�s�rr � (Z � c S'C ��t�.
Its: ��
3
CITY OF APPLE VALLEY,
a Minnesota municipal corporation
By: Mary Hamann-Roland
Its: Mayar
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF � u�� f zL �
On this 3� day of 2013, before me a Notary Public within �� �
and for said County, personally appeared ' `� known, who being by
me duly sworn, did say that she is the of Palm Realty, Inc., the corporation named in �� I' C3
the instrument, and that said instrument was signed on behalf of said corporation by authority of
the corporation and said �� acknowledged s id instrument to be the free act and deed
of th . �(,�f � S�I � l�j
' JUDITH A. GOVERN
` NOTARY PUBUC - MINNESOTA " ` �.
'.;,,a:� My Commission Expires Jan. 31, 2015
No ry Public
STATE OF MINNESOTA )
) ss.
� COUNTY OF )
On this day of , 2013, before me a Notary Public within
and for said County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me
personally known, who being each by me duly sworn, each did say that they are respectively the
Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing
instrument, and that the seal affixed on behalf of said municipality by authority of its City
Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of
said municipality.
Notary Public
4
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST,
HILLS & BAUER P.A.
7300 West 147th Street, Suite 600
Apple Valley, Minnesota 55124
(952)432-3136
(MDK: 66-32850)
5
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City of AppValle
y MEMO
Public Works Department
TO: Mayor, City Council, and City Administrator
FROM: Carol Blommel Johnson, Public Works Superintendent - Utilities
DATE: May 7, 2013
SUBJECT: PROFESSIONAL SERVICES FOR CITY PROJECT 2013-143; 2013 LIFT
STATION CONTROL AND SCADA UPGRADES
Attached for consideration is a proposal from Automatic Systems Company (ASC) to provide
professional services for Lift Station Control and SCADA (Supervisory Control and Data
Acquisition) Upgrades. The project would upgrade Allen Bradley level controls, transducers, and
radios at four (4) storm sewer lift stations (Belmont, Briar Oaks, Alimagnet and Cedar Knolls)
and integrate them into the existing lift station SCADA computer system. The lift station
SCADA computer provides continuous monitoring of storm and sanitary sewer lift stations,
including pump starts, run times, alarm conditions, and security. If an alarm condition or
security breach is noted, Publia Works personnel are notified by the SCADA system via phone.
ASC has submitted a quote of $47,162. This work will be performed under an e�sting
Professional Services Agreement with Automatic Systems Company. Quotes for the radios, PLC's
and transducers have been solicited separately. This project is included in the Capital
Improvement Program and 2012 Public Works Utilities Division Operating Budget.
The project was originally scheduled to start in November 2012, but was rescheduled to 2013
based on the need to coordinate the work with other utility projects.
Recommended Action:
Authorize Professional Services with Automatic Systems Company for City Project 2013-143,
2013 Lift Station Control and SCADA Upgrades for the amount of $47,162.
CBJ:
Attachment
c: Todd Blomstrom
� ���rlcrl��trtic �
� � tiS���7�r�zs
` C;��.
AU7'OIVIATIC SYSTEIVIS �'O.
Friday, November 30, 2012
Ms. Carol Blommel Johnson ,�
City of Apple Valley
6442 West 140th Street � � �� �� = �
Apple Valley, MN. 55124 f �`
Reference: Professional Service Proposal for
Sanitary & Storm Lift Station Control Upgrades
City of Apple Valley, MN.
Dear Carol:
In accordance with our Sanitary/Storm Water Lift Station Upgrade meeting with you and Cory,
we are pleased to provide our proposal for Professional Services to upgrade the Sanitary and
Storm Lift Stations with control upgrades & Remote Telemetry Unit upgrades to convert from
the old obsolete and failing SCADA/control system to the new SCADA system as detailed below
for each site:
lst PRIORITY SITES
a) Belmont Storm Lift Station 9
b) Briar Oaks Storm Lift Station 7
c) Alimagnet Storm Lift Station 4
d) Cedar Knolls Storm Lift Station 1
2nd PRIORITY SITES
e) Sanitary Lift Station ll
fl Sanitary Lift Station 10
g) Sanitary Lift Station 7
h) Hunter Wood Storm Lift Station 11
Proposed Professional Services shall include the following:
A One (1) Professional Services to modify Belmont Storm Lift Station 9(station
consists of above grade control panel utilizing ultrasonic level detector for pump
control):
Proposed modifications includes labor, programming and configuration services
� as required to upgrade the level detector/control to a submersible level detector,
addition of a Programmable Logic Controller (PLC), Panelview and UHF radio
MANUFACTURERS REPRESENTITNES . CONTROLS • MECHANICAL EQUIPMENT
■ MAIN OFFICE: P.O. BOX 120359 ST. PAUL, MINNESOTA 55172 PHONE 651-631-9005 (FAX) 651-631-0027
❑ BRANCH OFFICE: P.O. BOX 787 AMES, IOWA 50070 PHONE 516-232-4770 (FAX) b15-232-0795
for pump control and SCADA control. Proposed modifications shall include the
following upgrades:
• Labor for removal of ezisting Ultrasonic Level Transducer and associated
components.
• Installation services for installation of one (1) Submersible Level
Transducer supplied with adequate length of cable for installation in the
wetwell and existing conduit to the PLC (submersible transducer provided by
euy�.
• Installation and programming configuration services for addition of a PLC
and UHF radio within a Nema 4x stainless steel enclosure UL Labeled with
circuit breaker, surge/lightning protection, UPS, fuses, receptacles,
thermostatically controlled heater and appurtenances installed and wired on
the back side of the existing Control Panel. Includes I/O to accommodate the
new submersible wetwell level transducer and provide start/stop pump
control, pump alternation and SCADA communications to the collection
SCADA system (PLC and Radio provided by City).
• Installation and programming configuration services of a Panelview 400
Operator Interface Module (OIM) installed and wired on the inner door of
the existing control panel. Includes relocation of the inner door mounted
circuit breaker for mounting and wiring the Panelview in place of. Panelview
shall provide for display of status/alarms including Operator entry of all pump
start/stop/alarm setpoints etc. (Panelview provided by City).
• Electrical Installation services for installation of a Yagi Direction Antenna
and coaxial system on a 10' conduit mast on the existing control panel (station
is located approximately'/2 mile from the Palomino Radio Repeater Tower).
• Lot of programming and configuration services as required to provide
pump control/alarming and associated modifications to the communications to
the new Collection System SCADA Computer.
Your net price for Item A - Belmont Storm Lift Station 9 is....S11
B One (1) Professional Services to modify Briar Oaks Storm Lift Station 7(station
consists of above grade control panel utilizing ultrasonic level detector for pump
control):
Proposed modifications includes labor, programming and configuration services
as required to upgrade the level detector/control to a submersible level detector,
addition of a Programmable Logic Controller (PLC), Panelview and UHF radio
2
for pump control and SCADA control. Proposed modifications shall include the
following upgrades: .
• Labor for removal of ezisting Ultrasonic Level Transducer and associated
components.
� Installation services for installation of one (1) Submersible Level
Transducer supplied with adequate length of cable for installation in the
wetwell and existing conduit to the PLC (submersible transducer provided by
City).
• Installation and programming configurstion services for addition of a PLC
and UHF radio within a Nema 4x stainless steel enclosure UL Labeled with
circuit breaker, surge/lightning protection, UPS, fuses, receptacles,
thermostatically controlled heater and appurtenances installed and wired on
the back side of the existing Control Panel. Includes UO to accommodate the
new submersible wetwell level transducer and provide start/stop pump
control, pump alternation and SCADA communications to the collection
SCADA system (PLC and Radio provided by City).
• Installation and programming configuration services of a Panelview 400
Operator Interface Module (OIM) installed and wired on the inner door of
the existing control paneL Includes relocation of the inner door mounted
circuit breaker for mounting and wiring the Panelview in place of. Panelview
shall provide for display of status/alarms including Operator entry of all pump
start/stop/alarm setpoints etc. (Panelview provided by City).
• Installation services for installation of a Yagi Direction Antenna and coaxial
system on a 10' conduit mast on the existing control panel (station is located
approximately 1 mile from the Palomino Radio Repeater Tower).
• Lot of programming and configuration services as required to provide
pump control/alarming and associated modifications to the communications to
the new Collection System SCADA Computer.
Your net price for Item B - Briar Oaks Storm Lift Station 7 is.... $11,990.00.
C One (1) Professional Services to modify the Alimagnet Storm Lift Station 4
(station consists of a below grade control panel utilizing two (2) ultrasonic level
detectors for pump control and has an existing upgraded RTU communicating to
the SCADA master):
Proposed modifications includes labor, programming and configuration services
as required to upgrade the level detector/control to a submersible level detector,
3
addition of a Programmable Logic Controller (PLC) and Panelview for pump ,
control. Proposed modifications shall include the following upgrades:
• Labor for removal of two (2) ezisting Ultrasonic Level Transducers (one
in the lake level wetwell and one in the pump wetwell) and associated
components.
• Installation services for installation of two (2) Submearsible Level
Transducers supplied with adequate length of cable for installation in the
wetwelis and existing conduits to the PLC (two (2) submersible transducers
provided by City).
• Installation and programming configuration services for addition of a PLC
and front panel mounted Panelview 400 within a custom Nema 12 painted
steel enclosure UL Labeled with circuit breaker, surge/lightning protection,
UPS, fuses, receptacles and appurtenances installed and wired on the right
side of the existing Control Panel. Includes I/O to accommodate the new
submersible wetwell level transducers and provide start/stop pump control and
pump alternation. Panelview shall provide for display of status/alarms
including Operator entry of all pump start/stop/alarm setpoints etc. (PLC and
Panelview provided by City).
� Lot of programming and configuration services as required to provide
pump control/alarming and associated modifications to the communications to
the new Collection System SCADA Computer.
Your net price for Item C Alimagnet Storm Lift Station 4 is....$11,192.00.
D One (1) Professional Services to modify Cedar Knolls Storm Lift St$tion 1
(station consists of above grade control panel utilizing ultrasonic level detector for
pump control):
Proposed modifications includes labor, programming and configuration services
as required to upgrade the level detector/control to a submersible level detector,
addition of a Programmable Logic Controller (PLC), Panelview and UHF radio
for pump control and SCADA control. Proposed modifications shall include the
following upgrades:
• Labor for removal of ezisting Ultrasonic Level Transducer and associated
components.
• Installation services for installation of one (1) Submersible Level
Transducer supplied with adequate length of cable for installation in the
wetwell and existing conduit to the PLC (submerseble transducer provided by
City).
4
• Installation and programming configuration services for addition of a PLC
and UHF radio within a Nema 4x stainless steel enclosure with appurtenances
installed and wired on the back side of the existing Control Panel. Includes I/O
to accommodate the new submersible wetwell level transducer and provide
startlstop pump control, pump alternation and SCADA communications to the
collection SCADA system (PLC and Radio provided by City).
• Installation and programming configuration services of an Panelview 400
Operator Interface Module (OIM) installed and wired inside the existing
control panel (no inner door). Panelview shall provide for display of
status/alarms including Operator entry of all pump start/stop/alarm setpoints
etc. (Panelview provided by City).
• Installation services for installation of a Yagi Direction Antenna and co�ial
system on a 10' conduit mast on the existing control panel (station is located
approximately 1 mile from the Palomino Radio Repeater Tower).
• Lot of programming and configuration services as required to provide
pump control/alarming and associated modifications to the communications to
the new Collection System SCADA Computer.
Your net price for Item D - Cedar Knolls Storm Lift Station 1 is....$11
E One (1) Professional Services to modify the Sanitary LS No. 11 Control Panel
(submersible lift station, consists of a Healy Ruff (HR) above grade control panel
with float control and upgraded RTU above grade Control Panel):
Proposed modifications include professional services including labor,
programming and configuration as required to expand the new PLC and the
addition of an Operator Interface Module in the lift station control panel to
provide pump control and remove obsolete equipment from the HR Lift Station
Control Panel. Upgrade float switches to a submersible level detector for pump
control from the new SCADA system and the addition of a new high level float
for HL alann/backup. Proposed modifications shall include the following
upgrades:
Mod�cation of the HR Pumu Control Panel includes•
• Technical installation services for removal of front panel mounted
components on the inner door, consisting of four (4) float test switches
(leave the "High" level test switch).
• Technical installation services for removal of the ezisting float switches
within the wetwell.
5
� Technical installation services of an Allen-Bradley Panelview 400
Operator Interface Module (OIM) installed and wired on a bezel plate on
the pump control panel inner door between the pump(s) HOA selector
switches (includes relocation of HOA switches to allow room for OIM.
Panelview shall provide display of status/alarms including Operator entry of
all pump start/stop/alarm setpoints etc. ..(Panelview 400 provided by City).
• Technical installation services of for expansion of the existing Micrologic
1100 PLC with an analog input module to accept the analog input from the
new submersible transducer (analog input card provided by the City).
• Technical installation services of intrinsically safe modules for the high
level float and submersible pressure transducer.
• Electrical installation services of one (1) Submersible Level Transducer
supplied with adequate length of cable for installation in the wetwell and
connection to the PLC (submersible transducer provided by City).
• Electrical installation services of one (1) High Level Float Switch, supplied
with adequate length of cable for installation in the wetwell and connection to
the PLC.
• Electrical installation services of one (1) Anchor weight Kit,151b anchor
and ss cable for mounting transducer & float switch.
• Programming and configuration services as required to provide pump
control from the new Collection System SCADA PLC.
• Electrical Installation services to include the following:
➢ Removal of four (4) float switches within the wetwell.
➢ Installation of one (1) submersible transducer, one (1) float switch and
associated Anchor Weight Kit in the wetwell. Installation of the
transducer cable and HL float switches will be pulled in the same conduit
as the removed float switches.
➢ Installation of additional wiring between control panels.
Your net price for Item E— Sanitary Lift StStioD No. 11 is.. .. 11572.00
F One (1) Professional Services to modify the Sanitary LS No. 1D Control Panel '
(submersible lift station, consists of a Healy Ruff (HR) above grade control panel '
with float control and upgraded RTU above grade Control Panel):
Proposed modifications include professional services including labor,
programming and configuration as required to expand the new PLC and the
addition of a Operator Interface Module in the lift station control panel to provide
pump control and remove obsolete equipment from the HR Lift Station Control
Panel. Upgrade float switches to a submersible level detector for pump control
6
from the new SCADA system and the addition of a new high level float for HL
alarni/backup. Proposed modifications shall include the following upgrades:
Modification of the HR Pumn Control Panel includes•
• Technical installation services for removal of front panel mounted
components on the inner door, consisting of four (4) float test switches
(leave the "High" level test switch).
• Technical installation services for removal of the eaisting float switches
within the wetwell.
• Technical installation services of an Allen-Bradley Panelvie�v 400
Operator Interface Module (OIM) installed and wired on a bezel plate on
the pump control panel inner door between the pump(s) HOA selector
switches (includes relocation of HOA switches to allow room for OIM.
Panelview shall provide display of status/alarms including Operator entry of
all pump start/stop/alarm setpoints etc. ..(Panelview 400 provided by City).
• Technical installation services of for expansion of the existing Micrologic
1100 PLC with an analog input module to accept the analog input from the
new submersible transducer (analog input card provided by the City).
• Technical installation services of intrinsically safe modules for the high
level float and submersibie pressure transducer.
• Electrical installation services of one (1) Submersible Level Transducer
supplied with adequate length of cable for installation in the wetwell and
connection to the PLC (submersible transducer provided by City).
• Electrical installation services of one (1) High Level Float Switch, supplied
with adequate length of cable for installation in the wetwell and connection to
the PLC.
• Electrical installallon services of one (1) Anchor weight Kit,lSlb anchor
and ss cable for mounting transducer & float switch.
• Programming and configuration services as required to provide pump
control from the new Collection System SCADA PLC.
• Electrical Installation services to include the following:
➢ Removal of four (4) float switches within the wetwell.
➢ Installation of one (1) submersible transducer, one (1) float switch and
associated Anchor Weight Kit in the wetwell. Installation of the
transducer cable and HL float switches will be pulled in the same conduit
as the removed float switches.
➢ Installation of additional wiring between control paaels.
Your net price for Item F— Sanitary Lift Statiotl No. 10 is. ...$11,572.00
7
G One (1) Professional services to modify the Sanitary LS No. 7 Control Panel
(submersible lift station, consists of an above grade lift station control panel and
above upgraded RTU).
Proposed modifications includes labor, materials, programming and configuration
services as required to expand the new AB PLC and the addition of a Operator
Interface Module within the lift station control panel to provide pump control and
remove obsolete equipment from the lift station control panel. Upgrade floats to a
submersible level detector for pump control from the new SCADA system and the
addition of a high level float for HL alarm/backup. Proposed modifications shall
include the following upgrades:
Modification of the Lift Station Pumu Control Panel includes•
• Technical installation services for removal of front panel mounted
components on the inner door, consisting of four (4) float test switches
(leave the "High" level test switch).
• Technical installation services for removal of the ezisting float switches
within the wetwell.
� Technical installation services for installation of an Allen-Bradley
Panelview 400 Operator Interface Module (OIM) installed and wired on the
inner door for display of status/alarms including Operator entry of all pump
start/stop/alarm setpoints etc. . .(Panelview provided by City).
� Technical installation services of for expansion of the existing Micrologic
1100 PLC with an analog input module to accept the analog input from the
new submersible transducer (analog input card provided by the City).
• Technical installation services for installation of intrinsically safe
modules for the high level float and submersible pressure transducer.
• Technical installation services for one (1) Submersible Level Transducer
supplied with adequate length of cable for installation in the wetwell and
connection to the PLC (submersible transducer provided by the City).
• Technical installation services for one (1) High Level Float Switch,
supplied with adequate length of cable for installation in the wetwell and
connection to the PLC.
• Technical installation services for one (1) Anchor weight Kit,151b anchor
and ss cable for mounting transducer & float switch.
• Programming and configuration services as required to provide pump
control from the new Collection System SCADA Computer.
• Electrical Installation services to include the following:
➢ Removal of four (4) float switches within the wetwell.
➢ Installation of one (1) submersible transducer, one (1) float switch and
associated Anchor Weight Kit in the wetwell. Installation of the
transducer cable will be pulled in the same conduit as the removed float
switches.
s
➢ Installation of additional wiring between control panels.
Your net price for Item G— Sanitary Lift StatiOn No. 7 is....$10,894.00
H One (1) Professional Services to modify Hunter Wood Storm Lift Station 11
(station consists of above grade control panel utilizing ultrasonic level detector fpr
pump control):
Proposed modifications includes labor, programming and configuration services
as required to upgrade the level detector/control to a submersible level detector,
addition of a Programmable Logic Controller (PLC), Panelview and UHF radio
for pump control and SCADA control. Proposed modifications shall include the
following upgrades:
• Labor for removal of ezisting Ultrasonic Level Transducer and associated
components.
• Installation services for installation of one (1) Submersible Level
Transducer supplied with adequate length of cable for installation in the
wetwell and existing conduit to the PLC (submersible transducer provided by
City).
• Installation and programming configuration services for addition of a PLC
and UHF radio within a Nema 4x stainless steel enclosure with appurtenances
installed and wired on the back side of the existing Control Panel. Includes UO
to accommodate the new submersible wetwell level transducer and provide
start/stop pump control, pump alternation and SCADA communications to the
collection SCADA system (PLC and Radio provided by City).
• Installation and programming configuration services of an Panelview 400
Operator Interface Module (OIM) installed and wired inside the existing
control panel (no inner door). Panelview shall provide for display of
status/alarms including Operator entry of all pump start/stop/alarm setpoints
etc. (Panelview provided by City).
• Installation services for installation of a Yagi Direction Antenna and coaxial
system on a 10' conduit mast on the existing control panel (station is located
approximately 1 mile from the Palomino Radio Repeater Tower).
• Lot of programming and configuration services as required to provide
pump control/alarming and associated modifications to the communications to
the new Collection System SCADA Computer.
Your net price for Item H- Hunter Wood Storm Lift Station 11 is.... 11990.00.
9
�
Please note the following:
1. Above prices do not include any sales or use tax or permits.
2. Please allow 10-14 weeks for components.
3. Removal/Installation of transducers and floats is based on assistance from the City
utilizing City's safety and ventilation equipment if required.
4. Existing UPS's, or power conditioning if any and power supplies as suited will remain
and be reused.
5. Sanitary Lift Stations will be configured with a High Level Float Switch and float backup
control upon high level.
6. Any UO not wired properly or devices found defective, if any, during switchover can be
repaired or replaced on a time and materials basis.
7. Proposed modifications includes one (1) year warranty after dated of startup on
equipment provided by ASC.
8. Includes FCC License modifications for new sites.
9. Includes three (3) sets of updated drawings for insertion in your existing O&Ms.
10. Above includes field radio path study prior to installation of radios.
If you wish to proceed with the above, please sign below as your acceptance and we will proceed
immediately with scheduling installation.
Thank you and please don't hesitate to give me a call with any questions.
Sincerely,
�-��, �.�;� .
Bruce Wirth, Pres.
Automatic Systems Co.
FIRST PRIORITY ITEMS A THItOUGH D
Item A- Belmont Storm Lift Station 9
Accepted by: Date:
Item B- Briar Oaks Storm Lift Station 7
Accepted by: Date:
Item C- Alimagnet Storm Lift Station 4
Accepted by: Date:
Item D - Cedar Kaolls Storm Lift Station 1
Accepted by: Date:
10
A Po
SECOND PRIORITY ITEMS E THROUGH H
Item E- Sanitary Lift Station No. 11
Accepted by: Date:
Item F- Sanitary Lift Station No. 10
Accepted by: Date:
Item G- Sanitary Lift Station No. 7
Accepted by: Date:
Item H- Hunters Wood Storm Lift Station 11
Accepted by: Date:
cc: Mr. Cory Breitung, City of Apple Valley, MN.
1�
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city of A�pVaIle
Y MEMO
Community Development
TO: Mayor, City Council Members and City Administrator
FROM: Kathy Bodmer, Planner
MEETING
DATE: May 7, 2013
SUBJECT: Uponor License Agreement - SB Manufacturing Addition
Attached for the Council's consideration is a License Agreement signed by Uponor NA Asset Leasing,
Inc., that allows the installation of improvements over the City's 60' wide drainage and utility easement
north of Everest Avenue. The improvements include a concrete truck parking/maneuvering area and a I
concrete ramp with guard rails. The easement contains water, sanitary sewer and storm sewer lines that '
extend from the Everest Avenue cul-de-sac up to Upper 147th Street West.
The license agreement stipulates that the improvements may be located within the easement area, but that
the City may make any necessary repairs to utility lines located within the easement. If it should become
necessary for the City to excavate or otherwise alter the truck maneuvering area in order to access the
utilities, Uponor will be responsible for the cost of reinstalling the improvements.
The execution of the license agreement is requested in connection with Uponor's SB Manufacturing and
Employees Services building additions. Uponor submitted preliminary plans for the building additions
in 2010, but they delayed the expansion project because of the weakening of the construction market.
With construction activity now increasing, Uponor is experiencing increased demand for larger
diameter PEXa tubing which is prompting them to renew their building expansion project. The two
building expansion projects include the following: �
• The Phase SB Manufacturing Addition will be 16,700 sq. ft. and is the final manufacturing
bay for the building.
• The 1,900 sq. ft. Employee Services Addition will create a new manufacturing employee
entrance, along with a new break room and men's and women's locker rooms, on the east side
of the building. This will provide a more convenient entrance for the manufacturing
employees. � _
Requested Action:
Staff recommends that the City Council approve the License Agreement with Uponor NA Asset
Leasing, Inc., to allow construction of improvements within a 60 foot drainage and utility
easement in connection with the Manufacturing SB expansion project on Lot 1, Block 1, Wirsbo
Third Addition and authorize the Mayor and City Clerk to sign the same.
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License Agreement"j is made by and between the City of
Apple Valley, a Minnesota municipal corporation, (the "City") and Uponor NA Asset Leasing, Inc.,
a Delaware corporation (the "Owner").
WHEREAS, the Owner is the fee title holder of real property legally described as follows:
Lot 1, Block 1, Wirsbo Third Addition, according to the recorded plat thereof, Dakota
County, Minnesota
(the "Property"); and
WHEREAS, the City is the holder of a 60 foot wide drainage and utility easement over,
under and across a portion of the Property located between Everest Avenue and Upper 147�' Street
West, as depicted on the plat (the `Basement"); and
WHEREAS, in connection with the Owner's expansion project on the Property, the Owner
desires to construct certain improvements within the Easement (the "Improvements") for use in
connection with the expansion project. The Improvements shall include a concrete parking and
maneuvering area and a concrete ramp with guard rails to the extent the same are located within the
Easement. The Improvements and expansion project are all as depicted on the Site Plan attached
hereto as Exhibit A; and
WHEREAS, the Owner desires to acquire a license permitting the Owner to construct the
Improvements within the Easement and use such Improvements for ingress, egress, loading,
unloading and temporary parking purposes, subject to the terms and conditions contained herein;
NOW, THEREFORE, the parties hereto agree as follows:
l. The City hereby grants the Owner a license to construct the Improvements within the
Easement as depicted on Exhibit A and to use the Improvements for ingress, egress, loading,
unloading and temporary parking purposes. This License Agreement does not convey to the
Owner any title, interest or rights except for the foregoing license. The Owner may not
expand its encroachment onto other areas of the Easement or use the Improvements for any
other purpose.
2. Nothing contained in this License Agreement shall be deemed to affect the right of the City,
its contractars, agents and servants to enter upon the Easement to construct, reconstruct,
inspect, repair and maintain pipes, conduits, mains and other utilities, and the further right to
remove obstructions, including the Improvements. After completion of such construction,
maintenance, repair or removal, the Owner may, during the term of the license, restore the
Improvements to their condition priar to the commencement of such actions, at the Owner's
sole cost and expense.
3. The Owner shall remove all vehicles, trailers, equipment, materials and other personal
property, together with all employees, guests and invitees, from the. Easement or any portion
thereof immediately upon notice from the City that such removal is necessary in connection
with construction, maintenance, repair or removal of any pipes, eonduits, mains or other
utilities within the Easement, until the City -informs the Owner that the work has been
completed. The Owner hereby releases, indemnifies and holds the City and its employees,
agents, representatives and contractors harmless from any liability for damage to the
Improvements, interruption of or inconvenience to the business of the Owner or any other
person or entity (i) for whom the Owner is responsible, or (ii) that the Owner invited to the
Property, and any and all other claims or potential claims arising out of or related to the
construction, maintenance, repair or removal of any pipes, conduits, mains or other utilities
within the Easement. Notwithstanding any provision herein to the contrary, the foregoing
release and indemnification shall not apply (i) to the extent that such damage, interruption,
inconvenience, or claim results from the willful misconduct of the City or its employees,
agents, representatives or contractors, or (ii) to liability for damage to property located
outside the Easement or injury to persons located outside the Easement arising out of the
construction, maintenance, repair or removal of any pipes, conduits, mains or other utilities
within the Easement. Nothing contained in this License Agreement shall be construed to
waive the City's immunity or liability limits under Minnesota statutes or any other law.
4. The Owner shall use reasonable efforts to prevent damage to any existing or future utilities
located within the Easement and shall be responsible for any such damage caused by the
Owner or by the Owner's guests or invitees. The Owner shall have the location of all utilities
within the Easement marked prior to any excavation within the Easement.
5. The Owner shall provide to the City proof of insurance providing a minimum of
$1,000,000.001iability coverage naming the City as an additional insured and stating that the
insurance company shall not cancel or fail to renew such insurance without giving 30 days'
prior written notice to the City.
6. The Owner shall be responsible for all costs incurred by the City in connection with the
enforcement of this License Agreement, including but not limited to attorneys' fees.
7. Owner has, prior to the date hereof, paid $500.00 (the "Cash Payment") to the City as
payment for the City's costs in connection with the preparation of this License Agreement.
8. The City may terminate this License Agreement at any time by giving written notice of �,
termination to the Owner at least one hundred eighty (180) days prior to the effective date of
the termination. Upon termination of this License Agreement, the Owner shall immediately
remove the Improvements from the Easement and restore the Easement to the condition as it
existed prior to the construction of the Improvements. If the Owner fails to remove the
Improvements and restore the Easement as required herein within sixty (60) days after
termination of this License Agreement, weather permitting, the City may remove the
Improvements and restore the Easement to the condition as it existed prior to the
construction of the Improvements, without any obligation or liability to the Owner, and at the
2
�
Owner's sole cost and expense, including but not limited to material, labor, and costs of
collection, including but not limited to attorneys' fees.
9. In the event that the City exercises its right to terminate this License, the City agrees to
reasonably consider a request by the Owner for (i) a variance with respect to any shortfall in
parking resulting from termination of this License; (ii) a determination that any shortfall in
parking resulting from termination of this License constitutes a pre-existing non-conforming
use; and/or (iii) a determination that any shortfall in parking resulting from termination of
this License shall not affect the parking requirements in connection with additional
development of the Property.
_ 10. The Owner's obligations and liabilities pursuant to this License Agreement shall survive the
revocation or termination of this License Agreement.
11. From and after the date hereof, with respect to all matters contemplated herein, this License
Agreement shall supplant and replace that certain License Agreement dated December 27,
2006, between the City and the Owner's predecessor in title, Uponor Wirsbo, Inc., an Illinois
corporation.
In acknowledgement of the above agreement, the parties hereto affix their signatures on the
dates stated below.
CITY OF APPLE VALLEY,
a Minnesota municipal corporation
By; Mary Hamann-Roland
Its: Mayor
By: Pamela J. Gackstetter
Its: City Clerk
OWNER:
Uponor NA Asset Leasing, Inc.,
a Delaware corporation
By
T�
(P int Name)
Its: � � . �iN�UC�.�-_
3
STATE OF MINNESOTA )
j ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
2013, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and Clerk ofthe City ofApple
Valley, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
STATE OF M � )
) ss.
COUNTY OF <o )
The foregoing instrument was acknowledged before me this � day of 1¢y'� (� ,
2013, by $R ��, r..� j�j �� _�i,%/ �� , the V� �� n� 4 r�CL— of Uponor NA Asset
Leasing, Inc., a Delaware corporation, on behalf of t e corporation. _
a ,
ary P lic
THIS INSTRUMENT WAS DRAFTED BY:
.IENIiIYY � AARNF�ApT " -
.IN
1�M1M� PI�IC- A�AN�80TA
DOUGHERTY, MOLENDA, SOLFEST, M'���a��na
HILLS & BAUER P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432-3136
(MDK: 66-26793)
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City of ApPVaIley
MEMO
Public Works Department
TO: Mayor, City Council, and City Administrator
FROM: Jeff Kehrer, Natural Resources Coordinator
DATE: May 7, 2013
SUBJECT: AGREEMENT WITH THE METROPOLITAN COUNCIL FOR
THE 2013 CITIZEN-ASSISTED LAKE MONITORING PROGRAM
Attached is an agreement with the Metropolitan Council for the 2013 Citizen-Assisted Lake
Monitoring Prograu� (CAMP). The Met Council sponsors an annual lake monitoring program,
implemented by City staff and volunteers, to collect and analyze water samples from local lakes.
Water samples are analyzed for total phosphorus, nitrogen, and chlorophyll "a"; standard
parameters used to measure lake water quality.
Under the CAMP program, water samples are collected bi-weekly for a total of 14 sampling
rounds from April through October by lake volunteers. Met Council laboratories analyze water
samples and publish an annual report summarizing water quality data from all participating lakes.
Approximately 1801akes were monitored in the 2012 CAMP.
The 2013 CAMP agreement provides Apple Valley funding and Met Council services for water
quality monitoring in Cobblestone Lake, Farquar Lake, Long Lake, and Scout Lake. Additionally,
Lake Alimagnet will be included in the City of Burnsville funded CAMP for which Apple Valley
will pay 50 percent ($275 each city) as a shared cost. Keller Lake and Lac Lavon will be funded in
the 2013 Black Dog Watershed Management Organization CAMP. These same lakes were
monitored in the 2012 CAMP.
The cost per lake for the 2013 CAMP is $550, same cost as 2012. The total cost for Apple Valley
lakes, including $275 for Lake Alimagnet, is $2,475. CAMP funds are included in the 2013 Storm
Drainage Utility budget.
Recommended Action:
Approve Agreement with the Metropolitan Council for the 2013 Citizen Assisted Lake Monitoring
Program.
JK:af
Attachments
Contract No. 13R010
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
METROPOLITAN COUNCIL AND THE
CITY OF APPLE VALLEY
THIS AGREEMENT is made and entered into by and between the Metropolitan
Council (the "Council") and the City of Apple Valley (the "City"), each acting by and
through its duly authorized officers.
THE ABOVE-NAMED PARTIES hereby agree as follows:
L GENERAL SCOPE OF AGREEMENT
The Council and the City agree to undertake a volunteer lake sampling study in
order to provide an economical method of broadening the water quality database on lakes
in the Twin Cities Metropolitan Area.
II. SPECIFIC SCOPE OF SERVICES
2.01 Lake Monitoring Program. The City and the Council agree to jointly
undertake a volunteer lake monitoring program as specified below:
a. General Purposes of Program. The volunteer lake monitoring program
involves the use of citizen volunteers to monitor lakes in the Twin Cities
Metropolitan Area. The volunteers will collect surface water samples to
be analyzed for total phosphorus (TP), total Kjeldahl nitrogen (TKN), and
chlorophyll-a (CLA). In addition, the volunteers will measure surface
water temperature, water transparency, and fill out a lake sampling form to
help describe the lake and weather conditions at the time of the sampling
event. Lakes will be visited biweekly from April through October of 2013
(the "Monitoring Period") for the number of times and at the approximate
intervals specified in paragraph (b) below. Each lake will be sampled over
the deepest open water location. After each sampling date, the Council
will arrange for chemical analysis of the samples either through its own
laboratory or an outside laboratory.
b. Specific Lakes Involved. The following lakes and specific lake site(s)
listed below will be involved in the Council's Citizen-Assisted Lake
Monitoring Program (CAMP) in 2013.
Contract No. 13R010
� t F� #
,L � n � #.�tI���# � � � � � °��
� � `�� � �� 5��1 '�� x �} ���1i .
x � . .. .. . r. a rr �
Cobblestone 19-0456 14 Biweekl
Farquar 19-0023 14 Biweekly
Long 19-0022 14 Biweekly
Scout 19-0198 14 Biweekly
2.02 City Responsibilities. The City agrees that it will have sole responsibility
for:
a. Recruiting volunteers (who have access to a boat) to monitor the
lakes the City wishes to involve in the program as listed in section
2.01(b) above.
b. Providing the Council and/or volunteers with needed lake
information such as lake bathymetric maps and access locations.
c. Paying for the laboratory analysis cost of the samples collected by
volunteers which cost is included in the amounts specified in
Article III below.
d. Ensuring that the volunteers participate in the training progam.
e. Ensuring that the volunteers fill out sampling forms during each
sampling event, and collect and store samples until picked up by a
Council representative.
2.03 Council Responsibilities. The Council agrees that it will:
a. Organize the survey and train volunteers, pick up and deliver
samples to the laboratory, and analyze the results of the lake and
City data collection program.
b. Prepare a final report containing the physical, chemical, and
biological data obtained during the Monitoring Period and a brief
analysis of the data.
c. Provide quality control by collecting lake samples from random
lakes involved in the volunteer program. The resulting parameter
values will then be compared to determine if any problems exist
involving the volunteer's sampling methods and what should be
done to correct the problem.
2
Contract No. 13R010
d. Provide the sample bottles and labels, and filters for chlorophyll
filtration.
IIL COMPENSATION; METHOD OF PAYMENT
3A1 Payment to Council. For all labor performed and reimbursable expenses
incurred by the Council under this agreement during the Monitoring Period, the City
agrees to pay the Council the following amounts per lake site listed in section 2.01(b).
t �. v
t �l� '� ` �i� ` �'.. , �� � �"� { � � s� llt 1t
v.
g t0 14 $$$�
6 to 7 $280
1 to 5 $200
For lake sites requiring sampling equipment, the cost for a kit of sampling
equipment is $150 per kit.
3.02 Payment Schedule. Payment of the total amount owing to the Council by
the City shall be made within 30 days following the end of the Monitoring Period. An
invoice specifying the amount owed by the City will be sent under separate cover.
3.03 Additional Analyses. The total amount specified in the previous paragraph
does not include the cost of any additional analyses requested by the City, such as
analysis of bottom samples. The Council will carry out any such additional analyses at
the request of the City and subject to the availability of Council resources for carrying out
such analyses. The Council will bill the City after the end of the Monitoring Period for
any such additional analyses at the Council's actual cost, and the City will promptly
reimburse the Council for any such costs billed.
IV. GENERAL CONDITIONS
4.01 Period of Performance. The services of the Council will commence on
April 1, 2013, and will terminate on December 31, 2013, or following work completion
and payment, whichever occurs first.
4A2 Amendments. The terms of this agreement may be changed only by mutual
agreement of the parties. Such changes will be effective only on the execution of written
amendment(s) signed by duly authorized officers of the parties to this agreement.
4.03 City Personnel. Jeff Kehrer, or such other person as may be designated in
' writing by the City, will serve as the City's representative and will assume primary
responsibility for coordinating all services with the Council.
4.04 Council's Contract Manager. The Council's Contract Manager for
purposes of administration of this agreement is Kent Johnson, or such other person as
may be designated in writing by the Council's Regional Administrator. The Council's
3
Contract No. 13R010
Contract Manager will be responsible for coordinating services under this agreement.
However, nothing in this agreement will be deemed to authorize the Contract Manager to
execute amendments to this agreement on behalf of the Council.
4.05 Equal Employment Opportunity; Affirmative Action. The Council and
the City agree to comply with all applicable laws relating to nondiscrimination and
affirmative action. In particular, the Council and the City agree not to discriminate
against any employee, applicant for employment, or participant in this study because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, membership or activity in a local commission, disability, sexual orientation, or
age; and further agree to take action to assure that applicants and employees are treated
equally with respect to all aspects of employment, including rates of pay, selection for
training, and other forms of compensation.
4.06 Liability. Each party to this agreement shall be liable for the acts and
omissions of itself and its officers, employees, and agents, to the extent authorized by
law. Neither party shall be liable for the acts or omissions of the other party or the other
party's officers, employees or agents. Nothing in this agreement shall be deemed to be a
waiver by either party of any applicable immunities or limits of liability including,
without limitation, Minnesota Statutes, sections 3.736 (State Tort Claims) and chapter
466 (Municipal Tort Claims).
4.07 Copyright. No reports or documents produced in whole or in part under
this agreement will be the subject of an application for copyright by or on behalf of the
Council or City.
4.08 Termination of Agreement. The Council and the City will both have the
right to terminate this agreement at any time and for any reason by submitting written
notice of the intention to do so to the other party at least thirty (30) days prior to the
specified effective date of such termination. In the event of such termination, the Council
shall retain a pro-rata portion of the amounts provided for in Article III, based on the
number of sampling events occurring for each lake before termination versus the total
sampling events specified for each lake. The balance of the amounts will be refunded by
the Council to the City.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by
their duly authorized representatives on the dates set forth below. This agreement is
effective upon final execution by, and delivery to, both parties.
4
Contract No. 13R010
CITY OF APPLE VALLEY
Date B
ATTEST: Name Mary Hamann-Roland
Pamela J. Gackstetter
� Its � Mayor
METROPOLITAN COUNCIL
Date g
Name
EMA Section Manager
5
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.....
....
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City of AppVa��
ey
MEMO
Public Works Department
TO: Mayor, City Council, and City Administrator
FROM: Carol Blommel Johnson, Public Works Superintendent - Utilities ,
I
DATE: May 7, 2013 �I
I
SUBJECT: AGREEMENT FOR AV PROJECT 2013-141, 2013 HYDRANT I,
RECONDITIONING AND PAINTING
On May 1, 2013, quotations were received for the reconditioning and painting of hydrants. The
project consists of sandblasting, priming and top coating approximately 300 hydrants. The City
solicited quotations from seven contractors. The results are provided below.
Company Name Total Quotation
Champion Coatings Inc. $19,200
Bernie's Painting No Quote Received
Budget Sandblasting No Quote Received
Ed Kane Painting Services No Quote Received
OLS Restoration, Inc. No Quote Received
ProTouch Painting No Quote Received
Schoenfelder Painting No Quote Received
Champion Coatings Inc. submitted the lowest quote of $64.00 per hydrant. Their unit price bid for
reconditioning and painting 300 hydrants would result in a total cost of $19,200. Funding for
reconditioning and painting hydrants is included in the 2013 operating budget of the Public Works
Utilities Division.
Recommended Action:
Approve Agreement with Champion Coatings Inc. for AV Project 2013-141, 2013 Hydrant
Reconditioning and Painting.
CBJ:jcb
Attachments
c: Todd Blomstrom, Public Works Director
Exhibit A
BID TABULATION
CITY PROJECT 2013-141
2013 HYDRANT RECONDITIONING AND PAINTING
BUDGET CHAMPION SCHOENFELDER ED KANE PAINTING OLS RESTORATION,
BERNIE'S PAINTING SANDBLASTING COATINGS PROTOUCH PAINTING PAINTING SERVICES INC.
ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. ITEM UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
1
' Sandblasting, priming ' '
and painting of hydrants. � '
, Es timated quanity - 300. � � �
---- - — -- _ _— --,-- ---- — ---- --- - - --
` no quote no quote ' i no quote T no quote I no quote � no quote
received � received � received received received received ,
300 �Hydrant __ 1 i Each ' $64.00 $19,200.00
_ _-----
; -- ----
� ---- -- --
--- --- ---- -
TOTAL BID $19,200.00
C:\Users\jbryantWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\OUVPGIJQ\Bid Tab 2013-141.xis
AGREEMENT FORM
2013 HYDRANT RECONDITIONING AND PAINTING
CITY PROJECT 2013-141
CITY OF APPLE VALLEY, MINNESOTA
This Construction Agreement ("Agreement") is made this 7th day of May 2013, by and between
Champion Coatings Inc., a [corporation/partnershi�l , (hereinafter called the
"CONTRACTOR"), and the City of Apple Valley, a Minnesota municipal corporation
(hereinafter called the "OWNER") (Owner and Contractor are hereinafter called the
"PARTIES");
WITNESSETH, that the OWNER and the CONTRACTOR, for the consideration hereinafter
stated, agree as follows:
l. SERVICES TO BE PERFORMED
The CONTRACTOR hereby covenants and agrees to perform and execute all the provisions
of the Contract Documents (identified in Section 8 of this Agreement) prepared by the Owner
dated April 19, 2013, and made a part of this Agreement by reference, for the following
improvement(s):
2013 HYDRANT RECONDITIONING AND PAINTING
CITY PROJECT 2013-141
(the "Work")
The CONTRACTOR shall do everything required of this Agreement and the Contract
Documents. The CONTRACTOR shall make good, replace, and renew at its own cost and
expense any loss or damage to said Work and adjacent properties and facilities during the
performance of the Work or prior to the final acceptance thereof by the OWNER, and shall
be wholly responsible for the performance and completion of such Work.
2. COMPLETION DATE
The CONTRACTOR shall commence Work under this Agreement within ten (10) calendar
days after issuance of written Notice to Proceed and shall complete the Work in accordance
with Special Provisions to the General Conditions of the Contract Documents. The
CONTRACTOR shall notify the ENGINEER in writing of any and all causes of delay of
such Work or any part thereof, within three (3) days of the beginning of such delay.
3. CHANGE ORDERS
Any changes to the Work specified by this Agreement shall be made in writing and signed by
the PARTIES. Only the Engineer will have the authority to initiate any change orders which
A-1
must be submitted to the City Council for approval. No payment will be made for any claim
for additional charges not processed in this manner.
4. PAYMENT
The OWNER shall pay the CONTRACTOR for the performance of this Agreement
according to the Proposal Form, attached hereto, listing the schedule of approximate
quantities and unit prices as set out in the Proposal Form of the Contract Documents
submitted by the CONTRACTOR on May 1, 2013, the aggregate of which is estimated to be
$19,200.00.
5. 1NSURANCE, PERFORMANCE BOND AND PAYMENT BOND
This Agreement shall be in full force and effect after execution hereof upon the filing and
acceptance of the insurance documents and the performance and payment bonds as required
in the Contract Documents. Said insurance documents shall be issued in accordance with the
provisions of Section 4 of the General Conditions, thereby assuring that the OWNER has
been named as an additional insured party on all such policies or has been provided separate
insurance policies of the kind and amount stated therein. The performance bond shall be
enforceable by both the OWNER and any other municipality wherein any part of this Work
may be performed.
6. INDEMNIFICATION
The CONTRACTOR shall indemnify and hold harmless the OWNER and its officers, agents
and employees from and against all claims, damages, losses or expenses, including attorney
fees, which may be suffered or for which they may be held liable, arising out of or resulting
from the assertion against them of any claims, debts or obligations in consequence of the
performance of this Agreement by the CONTRACTOR, its employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
CONTRACTOR shall comply with all applicable laws and regulations relating to the safety
of persons or property, or to the protection of persons or property from damage, injury, or
loss.
7. CONTRACTOR' S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations: CONTRACTOR has examined and carefully studied the Contract
Documents; CONTRACTOR has visited the Project identified in the Contract Documents
and become familiar with and is satisfied as to the general, local, and Project conditions that
may affect cost, progress, and performance of the Work; CONTRACTOR is familiar with
and is satisfied as to all federal, state, and local laws and regulations that may affect cost,
progress, and performance of the Work; and the CONTRACTOR does not consider that any
further examinations, investigations, explorations, tests, studies, or data are necessary for the
performance of the Work in accordance with the other terms and conditions of the Contract
Documents.
A-2
8. CONTRACT DOCUMENTS
The Contract Documents shall consist of the following component parts:
A. The Contract (this Agreement)
B. Information for Bidders
C. General Conditions
D. Special Provisions
E. Technical Specifications
F. Proposal Form
G. Payment Bond
H. Performance Bond
I. Certificate of Insurance
J. Addendum (s)
K. Notice of Award
L. Change Orders
This Agreement, together with the documents hereinabove mentioned, form the Contract for the
Work.
9. WHOLE AGREEMENT
This Agreement embodies the entire agreement between the PARTIES including all prior
understanding and agreements and may not be modified except in writing signed by all the
PARTIES.
A-3
EXECUTED as of the day and year written below.
CITY OF APPLE VALLEY
Date By
Mary Hamann-Roland, Mayor
Date And
Pamela J. Gackstetter, City Clerk
CHAMPION COATINGS INC.
Date By
Date And
STATE OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2013, by and , the
and of ,
a [corporation/partnership], on behalf of the [corporation/partnership].
(Notarial Seal)
Notary Public
A-4
PROPOSAL FORM
2013 Hydrant Reconditioning and Painting
AV Project 2013-141
CITY OF APPLE VALLEY, MINNESOTA
To the City of Apple Valley:
The undersigned, having studied the specifications, dated April 19, 2013, being familiar with local conditions,
having made the field inspections and investigations deemed necessary, and being familiar with all factors and
other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills,
equipment, and all else necessary to complete City Project 2013-141, 2013 Hydrant Reconditioning and
Painting.
The undersigned Proposer understands the quantities of Work as shown herein are suhject to increase or
decrease, and proposes to do the Work whether the quantities are increased or decreased at the unit price
stated in the following schedule of prices. The unit price as quoted shall constitute compensation in full for
the respective items.
No. Item Unit Est. Unit Total
Quantity Price Price
1 Sandblasting, priming Per 300 $ 64. 00 $ 19, 200, 00
and painting of Hydrant
hydrants
� Total Bid �� $ 19, 200. 00
P-1
In submitting this bid it is understood the Owner retains the right to reject any and all quotes and to waive
irregularities and informalities therein and to award the contract in the best interest of the City.
In submitting this quote, it is understood that payment will be by check.
Date Nia� 1, 2013 Respectfully submitted,
Champion Coatings Inc.
Name of Party Submitting Bid
Signed By � •- _ �,.,,, �,,
Vic�e President
Title
Robert Cox
Printed Name of Signer
7385 West 126th Street
Address
Savage, tv�1 55378
City, State & Zip Code
952-707-9000
Telephone Number
612-845-5326
Cell Phone Number
952-707-9004
FAX Number
Bob Cox: bccoatings@frontiernet.net
General: coatings@frontirenet.net
Email Address �
P-2
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City of AppVal�e
y MEMO
Public Works Department
TO: Mayor, City Council, and City Administrator
FROM: Colin G. Manson, City Engineer
DATE: May 7, 2013
SUBJECT: CHANGE ORDER NO. 2 FOR AV PROJECT 2011-107, 147TH STREET
EXTENSION
The attached change order accounts for additional grading work associated with the 147th Street
Extension. Existing berms at the intersection of 147th Street and Johnny Cake Ridge Road have
resulted in concerns being voiced by the public regarding perceived sight lines. Excavation of the
berms in the area of the intersection will allow for improved sight lines.
The additional cost associated with the grading work totals $24,335. The prices have been reviewed
by staff and negotiated with the contractor and reflect aggressive market pricing. Additionally, the
cost of the work is accounted for in the contingency provided in the estimated project budget.
Recommended Action:
Approve Change Order No. 2 for AV Proj ect 2011-107, 147th Street Extension, with LaTour
Construction, Inc., Adding $24,335.00.
CGM:jcb
Attachment
c: Todd Blomstrom
if's's'� Owner: Ci of A le Val1e , 7100 W. 14'Ith St., A le Valle , MN 55124 Date Ma 2, 2013
.•.•
f�f
City of /��i� Contractor: LaTour Construction, Inc., 2134 Coun � Road 8 NW Ma le Lake, MN 55358
Vr��I@}/ Bond Com an : Travelers Casual '& Sure � Com an � of America Bond Nfo: 10�74&034
CHANGE ORDER �10. 2
147TH STREET EXTENSION
CI�'Y PROJECT NO. 201 I-107
The following items are deemed to be neeessary to complete the project according to the intended design. In accordance with
the terms of this Contract, the Contractar is hereby a�thorized and instructed to perform the work as altered by the following
provisions.
Descrivtion of Work
This change order allows for additional grading of existing berms in the northwest and southwest quadrants of the intersection
of 147th Street West and Johnny Cake Ridge Road. The additional grading is required to improve sight lines for eastbound
vehicles approaching the intersection. This change order also revises the date for fina! completion ofthe praject to June 28,
2�13.
ContraCt L1nit Total
No. Ttem Unit Quantity Price Amount
PART 1 - GRADI�IG ----�._
1 MOBILIZATION LS 1 $3,135.00 $3,135.00
2 TRAFPICCONTROL LS 1 $1,980A0 $1,980.OQ
3 CLEAR AND GRUB TREE EA 3 $220.00 $660.00
4 COMMON EXCAVATtON CY 1450 $i L00 $15,954.U0
5 Hl'I)ROMEJLCH AND SEED SY 1800 $1.45 2 O.OQ
TOTAL PART 1 - GRADING �24,335.00
TOTAL CI�ANGE ORDER 1 524,335.00
zoi i-to� coz.�s
Original Contract Amount $2,231,94�.50
Previous Change Orders $5,1$4A0
This Change Order $24,335.00
Revised Contract Amount (including this change order) $2,261,463.50
CHANGE IN CONTRACT TIMES
Original Contract Times:
Substantial Completion (days or date):
Ready for final Payment (days or date): 11/16/2012
Increase of this Change Order:
Substantial Completion (days or date}:
Ready for final Payment (days or date}:
Contract Time with all approved Change Orders:
Substantial Cornpletion {days or date}:
Ready for final Payment (days or date): 6/28/2013
Approved by Contractor: Approved by Owner:
LATOUR CQNSTRUCTION, INC. CITY OF APPLE VALLEY
'�- - L a.�o.� ��.,��,w�.K fN�.
Mary Hamann-Roland, Mayor
s'/a/�3
Date Date
Approved By Public Works
CITY 4F APPLE VALLEY Attest: Pamela J. Gackstetter, City Clerk
r'� , s/ c�
�-- Date
�
.�� ' � .S
Date
cc: Contractor
Bonding Company
2011-l07 C�2.xls
PERSONNEL REPORT �"'} . P
May 7, 2013
EMPLOYMENT ACTIONS .
The following employment actions are recommended for City Council approval:
First Last Pay Pay Pay Date
Name Name Action Position Status Dept. Rate Type Scale (on or about)
Dayton Alba Rehire Lifeguard Seasonal 1940 $ 9.38 Hourly C 5/22/2013
Aryssa Barnes Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2013
Matthew Beehler Hire Maintenance I Seasonal 5105 $ 10J6 Hourly SM1 5/13/2013
Anna Bender Hire Lifeguard Seasonal 1940 $ 9.03 Hourly 9.03 5/22/2013
Charles Bergen Hire Liquor Store Clerk Part-Time 5020 $ 10.56 Hourly L1/1 5/11/2013
Food & Beverage
Brooke Binner Hire Bartender Seasonal 5105 $ 7.25 Hourly A 1 5/10/2013
Thomas Bottem Hire Maintenance I Seasona) 1710 $ 10J6 Hourly SM1 5/13/2013
loseph Broback Rehire Head Lifeguard Seasonal 1940 $ 10.76 Hourly D 5/22/2013
Thomas Broback Rehire Lifeguard Seasonal 1940 $ 10.40 Hourly C 5/22/2013
Water Safety
Jeremy Caplin Rehire Instructor Seasonal 1940 $ 10J6 Hourly D 5/Z2/2013
Recreation Program
Michael Chamberlain Hire Supervisor Seasonal 1800 $ 12.39 Hourly F 5/11/2013
Recreation Facility
Thomas Cosgrove IV Nire Attendant Seasonal 1940 $ 8.06 Hourly A 5/22/2013
Food & Beverage
Francis DeBaun Hire Coordinator Seasonal 5105 $ 15.45 Hourly � 4/25/2013
Jenna Diercks Rehire Head Lifeguard Seasonal 1940 $ 10J6 Hourly D 5/22/2013
Kali Doerr Hire Maintenance I Seasonal 1710 $ 10.76 Hourly SM1 5/16/2013
Amy Edstrom Rehire Pool Manager Seasonal 1940 $ 17.39 Hourly G 5/10/2013
Food & Beverage
Matthew Ellis Hire Coordinator Seasonal 5105 $ 15.45 Hourly 6 4/25/2013
Recreation Program
Kelsie Ferrozzo Hire Supervisor Seasonal 1800 $ 12.39 Hourly F 5/11/2013
Erin Foley Rehire Lifeguard Seasonal 1940 $ 10.40 Hourly C 5/22/2013
Food & Beverage
Taylor Genest Hire Attendant 5easonal 5105 $ 7.25 Hourly A-1 5/10/2013
Theo Gergen Rehire Lifeguard Seasonal 1940 $ 10.40 Hourly C 5/22/2013
Abigail Gibson Rehire Lifeguard Seasonal 1940 $ 9.38 Hourly C 5/22/2013
City of Apple Valley
Human Resources Page 1 of 3
PERSONNEL REPORT
May 7, 2013
First Last Pay Pay Pay Date
Name Name Action Position Status Dept. Rate Type Scale (on or about)
Sarah Giewwe Hire Maintenance I Seasonal 1710 $ 10J6 Hourly SM1 5/16/2013
Recreation Facility
Malaisha Gosa Hire Attendant Seasonal 1940 $ 9.08 Hourly A 5/22/2013
Claire Gutknecht Hire Lifeguard Seasonal 1940 $ 9.03 Hourly 5M1 5/22/2013
Water Safety
Kristen Greer Rehire Instructor Seasonal 1930 $ 10.30 Hourly D 5/22/2013
John Hart Rehire Maintenance I Seasonal 5105 $ 11J4 Hourly SM1 5/11/2013
Recreation Facility
Elizabeth Hermes Rehire Attendant Seasonal 1940 $ 9.08 Hourly A 5/22/2013
Ryan Herold Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2013
Recreation Facility
Darby Hestness Rehire Attendant Seasonal 1845 Hourly A 5/8/2013
Hannah Humke Rehire Lifeguard Seasonal 1940 $ 9.38 Hourly C 5/22/2013
Mitcn Jacobson Rehire Maintenance I Seasonal 1600 $ 11.74 Hourly SM1 5/13/13'
Alyssa Johns Rehire Lifeguard Seasonal 1940 $ 9.38 Hourly C 5/22/2013
Olivia Johnson Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2013
Keely Kleopfer Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2013
Maren Kleopfer Hire Lifeguard Seasonal. 1940 $ 9.03 Hourly C 5/22/2013
Water Safety
David Kramer Rehire Instructor Seasonal 1930 $ 10.76 Hourly D 5/22/2013
Recreation Facility
Amadeus Krim Rehire Attendant Seasonal 1940 $ 8.06 Hourly A 5/22/2013
Brett Kuhlman Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C S/22/2013
Brianna Lindstrom Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2013
Elizabeth Martchev Rehire Lifeguard Seasonal 1930 $ 9.38 Hourly C 5/22/2013
Zachary Martens Hire Maintenance I Seasonal 5105 $ 10.76 Hourly SM1 5/15/2013
Kellie McGhan Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2013
Sophia Mitchell Rehire Lifeguard Seasonal 1940 $ 9.38 Hourly C 5/22/2013
Food & Beverage
Chelsea Nicometo Hire Attendant Seasonal 5105 $ 7.25 Hourly SM1 5/10/2013
Kacie Pahl Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2013
City of Apple Valley
Human Resources Page 2 of 3
PERSONNEL REPORT
May 7, 2013
First Last Pay Pay Pay Date
Name Name Action Position Status Dept. Rate Type Scale (on or about)
Alexander Perkins Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2�13
Alexander Reed Hire IT Intern Seasonal 1030 $ 13.97 Hourly F 5/20/2013
Leah Riddle Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2013
David Roland Rehire Lifeguard Seasonal 1930 $ 10.40 Hourly C 5/22/2013
Lucan Ryan Hire Maintenance I Seasonal 1710 $ 10.76 Hourly SM1 5/16/2013
Mike Ryan Rehire Maintenance I Seasonal 1710 $ 11J4 Hourly SM1 5/15/2013
Water Safety
Diana Schreier Rehire lnstructor Seasonal 1930 $ 10.30 Hourly D 5/22/2013
Food & Beverage
Krysta) Sedwick Hire Coordinator Seasonal 5105 $ 16.32 Hourly G 4/25/2013
Melissa Seldon Hire Lifeguard Seasonal 1940 $ 9.03 Hourty C 5/22/2013
Daniel Seline Rehire Lifeguard Seasonal 1940 $ 9.38 Hourly C 5/22/2013
lustine Soukup Rehire Lifeguard Seasonal 1940 $ 9.84 Hourly C 5/2Z/2p13
Water Safety
Nicole Stevens Rehire Instructor Seasonal 1930 $ 9.89 Hourly D 5/22/2013
Mason Swain Hire Lifeguard Seasonal 1940 $ 9.03 Hourly C 5/22/2013
Reereation Facility
Brittany Tague Rehire Attendant Seasonal 1940 $ 9.08 Hourly A 5/22/2013
Ethan Verdegan Rehire Lifeguard Seasonal 1930 $ 9.38 Houriy C 5/22/2013
Accept
Steve Wall Resignation PT Custodian Part-Time 1300 4/26/2013
Matthew Wells Rehire Lifeguard Seasonal 1940 $ 9.38 Hourly C 5/22/2013
Recreation facility
Dan Wylie Rehire Attendant Seasonal 1940 $ 9.08 Hourly C 5/22/2013
City of Apple Valley
Human Resources Page 3 of 3
��� `-�� Q
����
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����
��a
c�ty of Ap��e
Valley MEMO
Administration
TO: Mayor and City Council Members
FROM: Tom Lawell, City Administr #�
DATE: May 3, 2013
SUBJECT: Revised Starting Time for City Council Informal Workshop on
June 13, 2013
DISCUSSION
As you are aware, we are planning for June 13, 2013 a special City Council
workshop entitled "Navigating the New Normal". This workshop is sponsored by the
Urban Land Institute (ULI) of Minnesota and is being held city-by-city all over the
metro area. A brochure describing the workshop is attached. The finro-hour
workshop is divided into three parts:
1) Overview of the New Normal,
2) Profile of community change information, and
3) Discussion and dialogue among real estate industry leaders and city policy
makers.
Given the topic, we also will invite the members of the Planning Commission,
Economic Development Authority and other interested parties to attend. Given the
larger audience, the workshop will be held in the second floor training room at the
Municipal Center.
The City Council is already scheduled to meet at 5:30 p.m. on June 13 In order to
accommodate this special workshop, it is recommended that we instead begin the
meeting at 4:30 p.m. Given the early start time, we would again bring in a light
dinner.
ACTION REQUESTED
Council should consider a motion to adjust the starting time of the June 13, 2013
City Council Informal Workshop to 4:30 p.m.
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i� ��������``G�i�� � �� 3. �iscuss�on� and dialogu� am�ng reat esfia���indus�ryieaders and eity p�ticy makers. ��,'� � ,�� �
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��° ��°�� ���, � City councils, planning commissions,��economic��development and hausing��committees,��and staff. ��,��,�����������
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Our region is rapidly;getting o(der♦ 7he nur�ber af �innescatans 65 or oitler �° �����
�ii33,s2�
wfll nearly� double in ihe ne� 2� years. At the same time gensration Y, with ��:�� �
7s2,5�
80 milHon Americans aeCffunts �or a greater pe�cen#age ofi the populatican sz�;2�i srt,2zo ,
ihan:tf�e generation �that precedetl i� �ene�atian X, bom �etween � 965 and ,� �� 7,
� �� ������ �
� 9 7 9, v a i E h 4 6 m i l l i o n A m e r i c a n s). T#� r e e- n u a� t e r s o f M i o n e a p o l i s/ S t. P a u l ' h��-y = .,,�,'€ �°" -�� ;��. ,� � �u � i= ����-`
20D5 2flt0 20f5 2tI2D 2U25 Z(S34 21135
hau�eha(ds are projectetl tc� be wi#hout children by 2035, and th� number
. . � � . � c?� � �r� �.E�� 4 �r;�, .,,r+°;-
of ne�v immigrants has grown an avera�e of 12% since 2t�00 in Minnes�ta.
These changing demngraph�cs 6ring new market preferences — ame�ity-rich "'�n�se tt����s css�a�i� �re�� a���� a� �n� sp��� ot � q�a����.
��t s�s �ti�s �g�r�. aa� d��ograph�c te �, ��s i� � ��csnac�i.
Gvafkable neighb�rhoads, rental housing; multt-gene�ationaE hames, worklli+te �t ��esn3� ��t ��ac� bsg�� t��n t��s ... $� j
Sp3C85 - C(83t(f1C� 8 tY13SfTi3tCh k}E1'�VEECI �E�SICI� i(IV�E?fCN}+ 3C1[l t718(}C�� C��Rk1(ld, = t: �,�, a� .�i ia.� , Pvti � �t �.�,. ��=:�rr �ant;r �
and a neetl fn� diffare�t services antl amenifies. To be com��i;tive, 5,ve must '
offer choices thak reflect these shi�s in a time a� increasing tinanc�ai i
�
eonstraints. it's ab�ut p�ioriti�s. �t'� �i�� ��r� �f �h� ��v� �c�t`���. �
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�p tVet new units �
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;�;�.�6t�!� � ��� ti� a h , I �'��': 1 � - r� ��� � i al'��"�:�� _ �t#��'�.-ET � ����" ��Fi� }ti+,�s1�'>�N�4'f�C'�+ii�� "ca 3't � `��'���''��� '; 5 �
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�d�h = :� ., _. _._.. ' y i 4 t,�` - i � � w i � �„� i f .
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' ��� ��s������ ��� �e�d�d. i
; �
� The way development is fir�anced has changed, malcng �t t�arder to campiete I
� qualit�� prnjects. An increase €n equih� requirements has resuited in fewer j
� �
� developers who have the financial abiiify and risk appetite #o tleliver cualit}� �
� de�elopment: Locai gowernments that embrace a collaborative approaeh to �
prob9em st�luing v�ith developers �ri(! be more compefitive and successful '
� � ��� � �_ �. � �
? in implementing thsir vis[on for a prospero�is cammunity. �
� - � s � � e . €°° .e.� a . e
; What are the;�ey po[i�fes ��� pr�c�ices that cities can embrace in �
? times of s�carce� P��lie resources to attract private i�vest�nent ereate o ' "` '. '�. � �� �
� �
� jobs,<and bui(d the taac base? An approach that provides clari€y, transparency, �� � #�� p i ��
� and efficier�cy in the devefc�pmerit process'i�elps aftract investments that �
create thriving, sustainable commu�ities. Working together tosoive '��� '° �
probiems, rdent�jr and pursue nev� pa�#nerships and-mar�age dev�lopment , . . � � � � , . a � � �
risks will improve {tey decision-makin� skills, with the reward of being
�� � � � �� �� _ . � �� .��� i � �a - e �- � t� a a e �. o � � � {
a competitive community. �#a�ig�tir�g' �f�e P��� P�arr�a� pravides a
forum to faster meaningful diaiogue betvy�een pui�lic and private sector , r e,•�•.. . .¢,
leaders and builds trust and caila�oration for common goaks. ;
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CIT� C}F �4PPLE: Vi4LLEY PROJEGT SUMMAF�Y
Dog Day Getaway CUP — Apple Valley Business Campus
Agenda Item: : Applicant:. Garey Gti,ff,ith Edwards and Nicaie B�a� ;'
Case Number: RC13-1'1-C Applicatian pate: February'C; 2013
S;taff Reviewer:'���� Kathy'���B�t#mer Meeting Date: M�y 7; 2O13 �
Petition for: • Zoning interpretation of "Finding of Similar Use" for dog daycare facility in an
"I-1" (Limited Industrial) zoning district which is deemed permitted in the "I-2"
(General Industrial) zoning district.
• Conditional Use Permit (CUP) for a 15' x 54' (810 s� outdoor pet relief area in
connection with a dog daycare facility at 14607 Felton Court.
Summary of Introduction: The owners of Dog Day Getaway would like to move their existing pet
Issues: daycare business into the newly constructed Apple Valley Business Campus at 14607
Felton Court. The size of the facility will increase from 6,600 sf presently to
approximately 9,000 sf in the new location which will allow the number of dogs served to
be increased from 80 dogs today to up to 100 dogs at the new facility.
Finding of Similar Use: The petitioners request that the City consider a"Finding of
Similar Use" that a dog daycare is a similar use to an animal clinic with outdoor pens
subject to a conditional use permit.
The Apple Valley Business Campus property is located within the "I-2" (General
Tndustrial) zoning district which allows any use listed as a permitted use in the "I-1"
(Limited Industrial) zoning district. The I-1 zoning district � allows animal clinics as a
permitted use, with outdoor pens subject to a conditional use permit. In 2004 the City
Council found that a dog daycare facility is a use that is similar to an animal hospital or
clinic and therefore a permitted use in Planned Development No. 409. To date the City
has received no complaints about the operation and has found it to be a use that is
compatible with the other limited industrial and general business uses in the zoning
district.
Conditional Use Permit: A conditional use permit is requested to construct a 15' x 54'
(810 s� outdoor pet relief area in connection with the dog daycare business. Because the
Apple Valley Business Campus property is located within a well-head protection area, the
City wi11 require the outdoor area to be connected to sanitary sewer. The plans show that
the 15' x 54' outdoor area will be constructed with a bituminous base and surrounded by
4.5' perimeter curb. The area is sloped to direct the waste into a trench drain which will be
connected to City sewer. The bituminous area will be covered with an artificial grass mat
that has a flow-through backing and an antimicrobial treatment.
Outdoor Drain and Met Council Issues: The City Engineer and the Building Official have
been working with the Met Council to address Met Council's concern that the outdoor
trench drain is connected to sanitary sewer which will require treatment. When Met
Council reviewed the initial plans, they stated that either a roof would need to be
constructed over the outdoor area or several additional sewer availability charge (SAC)
units would be charged for the area.
City Engineering staff presented a third option to the Met Council: a valve could be
installed which would close the drain except when the area is sprayed down for cleaning.
In addition, the height of the perimeter curb could be limited to 4-1/2" so that during storm
events, excess storm water would overflow the area and be directed into the City's storm
sewer. This would help to prevent excess storm water from flowing into the trench drain,
addressing the Met Council's concern. The Met Council responded that they were willing
to consider the design, provided that the drain remains closed at all times except during
cleaning. The Met Council stated that if an inspection finds that the drain is not closed, the
Met Council will charge the City for the SAC units that were reduced. The business
operator and property owner have agreed to maintain the area with the drain closed except
for cleaning. An operational checklist has been submitted to the City which the business
will use to ensure that the valve is closed after cleaning; the checklist will be available for
inspection at the business. The draft CUP contains a condition that states that if the City is
charged for additional SAC units, the City will charge the property owner and business
operator the additional SAC charges.
Additional Sanitary Sewer Charges: The City bills for sanitary sewer usage based upon
the volume of water used. For the dog daycare, some stormwater is expected to enter the
sanitary sewer system which would require treatment. The City Engineer will calculate the
additional sewer charge based on average annual precipitation.
Screenin�: The outdoar area will be screened with a maintenance-free fence in compliance
with the City's screening requirements. The maintenance free fence is consistent with the
screening that has been required for other outdoor areas including Dick's Valley Service
and Abra Auto Body.
Recommended At its Mav 1, 2013, meeting, the Planning Commission voted unanimouslv to recommend
Actions: approval of the project with the following motions.
1. Recommend a Finding that a dog daycare facility is a use similar to an "animal
clinic" as an enumerated permitted use in "I-1" (Limited Industrial) zoning districts
which are deemed permitted uses in "I-2" (General Industrial) zoning districts.
2. Recommend approval of the Conditional Use Permit (CUP) for a 15' x 54' (810
s� outdoor pet relief area in connection with a dog daycare facility at 14607 Felton
Court, Suites 101 to 103, subject to compliance with all City ordinances and the
following conditions:
a. Approval of the conditional use permit is subject to a finding by the City
Council that the dog daycare use is a similar use to an animal clinic which is a
permitted use in the "I-2" (General Industrial) zoning district.
b. An outdoor pet relief area is permitted at 14607 Felton Court, Suites 101-103,
at the location on the property specifically depicted in the Site Plan dated
Apri126, 2013, and attached hereto as Exhibit A.
c. The 15' x 54' outdoor pet relief area shall be permitted only in conjunction
with the continued operation of a dog daycare facility.
d. The outdoor pet relief area shall be constructed in accordance with the
drawing "LH1 - Suites 101-103 Plan and Details" dated Apri125, 2013, and
attached hereto as Exhibit B.
e. The outdoor pet relief area shall be constructed, operated and maintained in
accordance with the Outdoor Pet Relief Area Construction, Operation and
Maintenance Requirements, attached hereto as Exhibit C.
£ A sanitary sewer fee shall be charged for the storm water that enters the City's
sanitary sewer system. The sanitary sewer fee wi11 be calculated by the City
Engineer, based upon average annual precipitation in the region, which will
be set annually. The additional sanitary sewer fee will be charged and
payment will be collected with the City's quarterly municipal utility billing.
g. The outdoor pet relief area shall be screened with a minimum five foot (5')
tall maintenance-free fence such as vinyl clad or wood composite, but not
chain link.
h. Any dog in the outdoor area must be accompanied by an adult attendant. No
dogs shall remain unattended in the outdoor pet relief area.
i:: The business operator shall �nsure that the dogs da not bark when they are
outside [subject to a revision;by City �`taff to further �efine "excessive " ar
"nuzsunce" burkingJ.'
� j. The outdoor pet relief area and exterior area immediately adjacent to this use
shall be maintained in a clean and sanitary condition at all times. All solid
waste must be removed a minimum of once per day and disposed of in a
sanitary manner. The liquid waste shall be managed by flushing the outdoor
area with water and sanitizing the area once per day using an environmentally
sensitive cleaning and sanitation product.
k. The exterior of the premises outside the fenced area shall be maintained in a
clean and sanitary manner with all solid waste removed each day and
disposed of in a sanitary manner.
l. The outdoor pet relief area shall be used only as an outdoor pet relief area and
shall not be used as an outdoor kennel, dog run, materials storage, or any
other use not specifically identified in the conditional use permit.
The following motions will approve the project in accordance with the Planning
Commission recommendations:
1. Adopt the resolution declaring a dog daycare as a similar use to an animal
clinic that is a permitted use within I-1 zones.
2. Adopt the resolution approving a conditional use permit for 15' x 54' (810
sq. ft.) outdoor pet relief area in connection with a dog daycare facility at
14607 Felton Court, Suites 101 to 103, with conditions as recommended by
the Planning Commission.
Dog Day Getaway CUP — Apple Valley Business Campus
PROJECT REVIEW
Existing
Conditions
Property 14607 Felton Court
Location:
Le al Descri tion: Lot 1, Block 1, A le Valle Business Cam us
Comprehensive
Plan Desi nation IND - Industrial
Zoning
Classification "I-2" (General Industrial)
Existin Plattin Platted lot.
Current Land Use Office/warehouse
Size: 6.2 acres
Topography: Flat building pad site with steep slopes on the west side of the properiy down to
Flagstaff Avenue.
Existing Natural vegetation consisting of deciduous trees remaining on west side of site.
Ve etation
Other Significant None.
Natural Features
Adjacent NORTH Eastview Senior Hi h School and Johnn Cake Rid e Park West
Properties/Land Com rehensive Plan INST-Institutional/ P-Parks/O en S ace
Uses Zonin Land Use P-Institutional
SOUTH Outlot A, AV Business Cam us
Com rehensive Plan IND-Industrial
Zonin and Use I-2 General Industrial
EAST Lots 2, AV Business Cam us
Com rehensive Plan IND-Industrial
Zonin and Use I-2 General Industrial
WEST Midtown Villa e
Com rehensive Plan �ID-Hi h Densi Residential (12+ units/acre)
Zonin and Use PD-646 (Planned Development)
Development
Project Review
Comprehensive Plan: The properly is guided in the comprehensive plan for "IND" (Industrial) uses. The property
is zoned I-2 which is consistent with the comprehensive plan designation.
Zonin� - Finding of Similar Use: § 155342 states that whenever a use is not specifically permitted or denied in
a zoning district, a property owner may request a study by the City to determine whether the particular use is
compatible with the zoning district in which it is proposed to be located. § 155.216 states "Within any I-2 district,
no structures or land shall be used except for one or more of the following uses, or uses deemed similar by the City
Council." When a use is not specifically stated in the zoning district, the City Council may review the proposed
use and the zoning district and determine whether the use is "similar" to other uses and "compatible" with the
zoning district and therefore a permitted use in the zoning district.
The Apple Valley Business Campus property is located within the "I-2" (General Industrial) zoning district which
allows any permitted use found in the "I-1" (Limited Industrial) zoning district. The I-1 zoning district allows
animal clinics as a permitted use, with outdoor pens allowed by conditional use permit.
Characteristics of Dog Daycare Businesses: A dog daycare business provides care of dogs during the day, similar
to a child's daycare facility. The dog is dropped off and then picked up at the end of the day. Dog daycare
businesses may also provide limited overnight care of animals, grooming services, training and special pet events.
The dog daycare facility is typically a building with a large open area that allows the dogs to run and play. Areas
may be partitioned off far nap time, grooming or other uses.
The primary land use issues for animal facilities are the following:
• Noise (primarily from barking dogs)
• Waste disposal
• Outdoor facilities (runs/play areas/potty areas)
• Traffic generation and parking.
The dog daycare operation inside the building is expected to have no impact on neighboring properties.
Additional soundproofing will be installed between the daycare suite and the neighboring suite in the building.
The conditional use permit for the outdoor pet relief area will provide operation and maintenance requirements
that will address potential impacts to neighboring properties. The outdoor area is not intended to be used as an
outdoar play area, run or kennel, so activity will be limited in the area.
Dog Da,ycare in PD-409: In 2004 the City Council found that a dog daycare facility is a use that is similar to an
animal hospital or clinic and therefore a permitted use in Planned Development No. 409. In 2004 the City
Council also granted a conditional use permit for an outdoor pet relief area, in connection with the dog daycare
business. To date the City has received no complaints about the operation and has found it to be a use that is
compatible with the other limited industrial and general business uses in the zoning district. The petitioners
request that the City make a similar determination, that a dog daycare is similar to an animal clinic which is a
permitted use in the I-2 zoning district.
Conditional Use Permit: A conditional use permit is requested to construct a 15' x 54' (810 s fl outdoor pet relief
area in connection with the dog daycare business. A conditional use is generally defined as a use permitted in a
particular zoning district subject to compliance with conditions and standards as set forth by the zoning ordinance
and authorized by the City. The zoning code states that in reviewing applications for conditional use permits, the
Planning Commission and City Council may attach whatever reasonable conditions they deem necessary to mitigate
anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and
to achieve the goals and objectives ofthe comprehensive plan.
Preliminary Plat: The property was subdivided and platted in connection with the approval of the Apple Valley
Business Campus project. No further subdivision of the property is proposed.
Site Plan: The site plan shows that the dog daycare facility will be located on the west end of the 14607 building in
Suites 101-103. The outdoar pet relief area will be located in the rear or north side of the building in the truck
delivery area. Locating the business on the west end of the building ensures that the outdoor area will not interfere
with truck maneuvering or deliveries.
Because the Apple Valley Business Campus property is located within a well-head protection area, the City will
require the outdoor area to be connected to sanitary sewer. The plans show that the outdoor area will be a 15' x 54'
area surrounded by perimeter curb. The bituminous slab of the parking lot is sloped which will direct the waste into
to a trench drain which will be connected to City sewer. The bituminous area will be covered with an artificial grass
mat that has a flow-through backing and an antimicrobial treatment.
Grading Plan: A grading plan was not required for this project.
Elevation Drawings: No changes to the exterior elevation are proposed in connection with this project. The cross
section drawing shows that the outdoor area will be screened with a 6' tall wood composite privacy fence.
Landscape Plan: A landscape plan was not required in connection with this project. The Planning Commission
raised a concern that additional screening would help to offset the view of the fenced area from the residential
neighborhood to the northwest. The property owner states that he planted a Willow Hybrid along the west property
line which will grow up to 6' tall per year and will create a dense screening hedge.
Availabilitv of Municipal Utilities: Utilities have been installed to the building. The outdoor area will be required
to drain to sanitary sewer.
Outdoar Drain and Met Council Issues: The City Engineer and the Building Official have been working with the
Met Council to address Met Council's concern that the outdoar trench drain is connected to sanitary sewer which
will require treahnent. Regionally the Metropolitan Council has been working with cities to reduce the inflow and
infiltration (UI) of stormwater and clean water into the regional sanitary sewer system. When the Met Council staff
initially reviewed the dog daycare plans to calculate the number of sewer availability charge (SAC) units, they
stated either a roof must be constructed over the outdoor area, or the dog daycare facility would be charged an
estimated seven additional SAC units for the outdoor drains.
City Engineering staff reviewed the design of the outdoor area and proposed a third alternative for the Met
Council's consideration. To limit the volume of storm water entering the system, the City Engineer proposed that
the outdoor area be designed so that excess storm water would be directed into the City's storm sewer system and
limited from entering the sanitary sewer. The City Engineer suggested that a valve could be installed which wol�ld
close the drain except when the area is sprayed down for cleaning. In addition, the height of the perimeter curb
could be constructed at 4-1/2" so that during storm events, excess storm water would overflow into the storm sewer.
This would help to prevent excess storm water from flowing into the trench drain, addressing the Met Council's
concern.
The Met Council has performed a preliminary review of the third design and has indicated that they are willing to
consider reducing the number of SAC units for the outdoor area. However, the Met Council staff stated that if the
Nlet Council performs an inspection and finds that the dog daycare is not operating the outdoor area in accordance
with the stipulations of the third design (valve closed, except for cleaning), the Met Council wi11 charge the City far
the SAC units that were reduced. The draft CUP has a condition that states that if the City is charged far additional
SAC units, the City will charge the property owner and business operatar the additional SAC charges.
Additional Sanitary Sewer Charges: The City bills for sanitary sewer usage based upon the volume of water used.
For the dog daycare, some stormwater is expected to enter the sanitary sewer system which would require treatment.
The City Engineer will calculate the additional sewer charge based on average annual precipitation.
Street Classifications/Accesses/Circulation: No changes will be made to City streets. Circulation within the
development has been addressed by locating the dog daycare business with its outdoor area on the west side of the
14607 Felton Court building.
Pedestrian Access: Sidewalks are installed along both sides of Felton Court. No other changes are proposed or
necessary.
Public Safetv Issues: None identified.
Recreation Issues: None identified.
Si ns: No sign approvals are given at this time. No signs may be installed prior to the issuance of a permit. A
separate sign permit must be obtained prior to the installation of any signs on the site or the building.
Public Hearin� Comments: The public hearing was held on March 6, 2013. No comments were received from
the public the night of the hearing. However, questions were raised by the Planning Commission are discussed
below:
1. Location of the business in relation to the single family homes. Staff response: The dog daycare
business is proposed to be located in the west building at 14607 Felton Court in suites 101-103 on the
west end of the building. It was not feasible to locate the business in the east building at 14608 Felton
Court, because the truck bays in the back of the building have either elevated dock doars or depressed
bays with limited flat space available for an outdoar area. Locating the business on the east end of the
14607 (west) building was determined to not be a good alternative because the outdoor area may interfere
with truck maneuvering in the rear of the building. "
2. Potential noise impacts. Staff response: The primary concern about the location of the dog daycare in
relation to the residential area to the northwest and future residential to the west is noise from barking
dogs. One of the conditions of the conditional use permit states that the business operator must ensure
that the dogs do not bark when they are outside in the outdoor area. The outdoor area is not intended to
be an outdoor play space or outdoor run, but rather, an outdoor pet relief area.
The Planning Commission further discussed this issue at its May 1, 2013, meeting and indicated that the
condition stating that no barking outdoors is an unrealistic standard. The Planning Commission noted
that one barking dog would render the business in violation of its CUP. The Planning Commission asked
staff to modify the condition to state that the business would be required to prevent "excessive" or
"nuisance" barking. Legal staff will work with Planning staff to craft language that provides a standard
that ensures that the outdoor area does not negatively impact adjacent properties.
3. How many dogs are expected at this facility? Staff response: The conditional use permit far Dog Day
Getaway on 146`�' Street limited the number of dogs in the facility to 80 because of the smaller outdoor
area. The petitioners state that they would like to increase their business to provide care, during peak
periods, of up to 100 dogs. Because the outdoor area is connected to sanitary sewer, staff is comfortable
that the space wi11 be able to accommodate up to 100 dogs.
Attachments: 8. Zoning Map
1. Resolution Declaring Similar Use 9. Site Plan
2. Resolution Approving CUP 10. 14607 Building Suites
3. Exhibit A, Site Plan ll. Floor Plan — Option 1: With Roof
4. Exhibit B, Floor Plan and Section Drawing 12. Floor Plan — Option 2: No Roof
5. Exhibit C, Construction, Operation and 13. Zoning Code Excerpt
Maintenance Requirements 14. Forever Lawn K9 Grass Information
6. City Engineer Memo
7. Location Map
CITY OF APPLE VALLEY
RESOLUTION NO. 2013 -
RESOLUTION DECLARING
A DOG DAYCARE AS A SIMILAR USE TO
AN ANIMAL CLINIC THAT IS A PERMITTED USE WITHIN I-1 ZONES
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout
the City; and
WHEREAS, pursuant to City Code § 155.342 an c�wner may request a study by the City
whenever a use is not specifically permitted or denied in a zoning district, to determine whether the
particular use is compatible with the zoning district ir� �vhich it is propc���d to be located; and
WHEREAS, the building located at 1460� Felton Court, legally de�er�bed as Lot 1, Block
1, Apple Va11ey Business Campus, lies within the c�nfines of an "I-2" (General Industrial) zoning
district; and
WHEREAS, Apple Valley City Cod�, § 155.216, enumerates the uses that are permitted
uses witl�in an I-2 zone; and
WHEREAS, Apple �aliey City Code, § 155.216 pra�ides thafpermitted uses in I-1 zones
are permitted uses in I-2 zones; and
WHEREAS, Apple Valley City Code, § 1'S5.201, enumerating permitted uses in I-1 zones,
provides that "ariimal clinics, outdoQr pens subject to conditional use" is a permitted use; and
'WHEREAS, the Qwners of Dog Day Getaway, a dog daycare business, wish to locate the
business at 14607 Felton Court, and r�quest that the City Council determine whether a dog daycare
is a"use deemed similar" to the permitted uses within an I-2 zoning district.
NOW, THEREFORE, B� IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County; Minnesot�, that it hereby declares that a dog daycare business is a use
deemed similar to an "animal ���ciinic" and thus, is a permitted use in an I-1 zone.
ADOPTED this 7th day of May, 2013.
Mary Hamann-Roland, Mayor
1
ATTEST:
Pamela J. Gackstetter, City Clerk
2
CITY OF APPLE VALLEY
RESOLUTION NO. 2013 -
A RESOLUTION APPROViNG A CONDITIONAL USE PERMIT
FOR OUTDOOR ANIMAL PEN (PET RELIEF AREA)
1N CONJUNCTION WITH DOG DAYCARE USE
WHEREAS, pursuant to Minnesota Statutes 462.357, the City of Apple Valley has adopted, as
Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City;
and
WHEREAS, said regulations provide that an outdoor pe� in conjunction with an animal clinic is
a conditional use subject to a conditional use permit; and
WHEREAS, by Resolution 2013- , the City Council declared that a dog daycare is a similar
use to an animal clinic which is a permitted use in an "I-2" (General Indust�al) zoning district; and
WHEREAS, approval of a Conditional Use Fermit for an outdoor pen for the purpose of a pet
relief area has been requested by Dog Day Getaway; and
WHEREAS, the Apple Valley Flanning Commission held a public hearing on March 6, 2013 to
review the Conditional Use Permit for its conforrnance with the applicable regulations and performance
standards; and
WHEREAS, the Apple ��lley Planning Commission recommended approval of such Conditional
Use Permit subject to certain conditions on May l, 2Q13, '
NOW, THEREFORE, BE IT R,ESOLVED by the City Council of the City of Apple Valley,
Dakota County, M�nnesota, that a Conditional Use Permit for an outdoor pen for a pet relief area on
property located at `14647'Felton Cr�urt, Suites 101-103, is granted and approved, subject to the following
conditions: '
1. The Conditional Use Permit ''shall apply to property legally described as Lot 1,
Block 1, APPLE VALLEY BLISINESS CAMPUS ("Property").
2. An outdoor� pet relief area is permitted at 14607 Felton Court, Suites 101-103, at the
location on the property specifically depicted in the Site Plan dated Apri126, 2013, and
attached herett� as Exhibit A.
3. The 15' x 54' outdoor pet relief area shall be permitted only in conjunction with the
continued operation of a dog daycare or animal clinic facility.
4. The outdoor pet relief area shall be constructed in accordance with the drawing "LHl -
Suites 101-103 Plan and Details," dated April 25, 2013, and attached hereto as Exhibit
B.
5. The outdoor pet relief area shall be constructed, operated and maintained in accordance
with the Outdoor Pet Relief Area Construction, Operation, and Maintenance
Requirements, attached hereto as Exhibit C.
h:\word\pc�roj\apps\dog day - av bus campus\resolution approving cup (hill� edits 2).docx
6. A sanitary sewer fee shall be charged for the storm water that enters the City's sanitary
sewer system. The sanitary sewer fee will be calculated by the City Engineer, based
upon average annual precipitation in the region, which will be set annually. The
additional sanitary sewer fee will be charged and payment will be collected with the
City's quarterly municipal utility billing.
7. The outdoor pet relief area shall be screened with a minimum five foot (5') tall
maintenance-free fence, such as vinyl clad or wood composite, but not chain link.
8. Any dog in the outdoor area must be accompanied by an adult attendant. No dogs shall
remain unattended in the outdoor pet relief area.
9. The business owner shall control the dogs that ar� in the outdoor pen area in order that
barking, whining or howling of dogs is not const�ntly or regularly heard at or outside
the property lines of the Property. Dogs' ba�king, �vvhining or howling for an aggregate
of 10 minutes or more within a 60-minute period from 9;00 p.m. to 7:00 a.m. and 15
minutes or more within a 60-minute period from 7:00 a.m. to 9:00 p.m. shall be
presumed to be constant or regular. '
10. The outdoor pet relief area and exterior area immed�ately adjacen� tp this use shall be
maintained in a clean and sanitary condition at �11 times. All solid v�aste must be
removed a minimum of ance per day and disposed of in a sanitary manner. The liquid
waste shall be managed by flushing the outdoar �rea with water and sanitizing the area
once per day using an environrnenta�ly sensitive �lear�ing and sanitation product.
11. The exterior Qf the premises outside the f�nced area sha11'>be maintained in a clean and
sanitary manner with �11 solid wa�te removed each day and disposed of in a sanitary
manner.
12. The:outdoor pet xelief area shall be used only as an outdoor pef relief area and shall not
be used as �n outdoor kennel, dQg run, materials storage, or any other use not
specifically identified in the conditional use permit.
13. The Conditional Use Permit r be revoked for cause if the terms of (1) through
(1�) preceding are nc�t.adhered to.
� ADOPTED this 7 day o� May, 2013. -�
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
h:\word\pc_proj\apps\dog day - av bus campus\resolution approving cup (hilt� edits 2).docx
EXHIBIT A
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Exhibit C
Outdoor Pet Relief Area
Construction, Operation and Maintenance Requirements
14607 Felton Court, Suites 101-103
1. The outdoor relief area shall be impervious.
2. The outdoor relief area shall drain into the sanitary sewer.
3. Roof drainage and roof overflows shall be directed away from the outdoor relief area.
4. Surface drainage outside of the outdoor relief area shall be directed away from the
relief area.
5. The applicant shall pay for storm water that enters the sanitary sewer system. The
quantity of water will be calculated based on the average annual precipitation in the
region. Payment will be collected with the quarterly utility billing. The sewer rate will
be set annually by the city.
6. A curb shall be constructed around the perimeter of the area. The height of the curb
shall be 4.5 inches above finished grade, and on average 3.5 inches below finished floor
elevation.
7. Should the applicant choose to install a valve on the discharge line from the trench drain
to the sanitary sewer, the valve shall be kept in the closed position except during
cleaning operations at which time it may be opened to permit wash down of the area,
and upon completion of cleaning activity shall be closed again.
8. The conditional use permit shall require the area be cleaned at least daily.
9. The conditional use permit shall require an operation procedure and drawing of the
system be submitted to the City and shall require written documentation of the daily
operations.
10. SAC charges shall be paid in accordance with determination of applicable SAC units as
made by the Metropolitan Council.
11. Should the applicant choose to install a valve on the discharge line and the City of Apple
Valley or the Metropolitan Council determine that the valve is not maintained in the
closed position except for daily cleaning operations as described above, or otherwise
fails to comply with the aforementioned operational procedures, additional
Metropolitan and City SAC charges at the rate in effect at the time of the determination
shall be levied against the business operator and property owner.
---
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ZONING CODE EXCERPT
GENERAL IND USTRIAL DISTRICT
§ 155.216 PERMITTED USES.
Within any I-2 district, no structure or land shall be used except for one or more of the
following uses, or uses deemed similar by the City Council:
�`(A) ° Any use permitted in the I-1 district, as regulated therein, unless utherwise
permi#ted by this section;
LIMITED IND USTRIAL DISTRICT
§ 155.201 PERMITTED USES.
Within any I-1 district, no structure or land shall be used, except for one or more of the
following uses or uses deemed similar by the City CounciL•
(A) Conducting a process, fabrication, storage, manufacturing or wholesaling operation;
(B) Auto, marine, truck storage completely within a building;
(C) Contractor's office, outdoor storage subject to conditional use;
(D) Ice, cold storage plants, bottling works, outdoor storage subject to conditional use;
(E) Restaurants, Class I only;
(F) Research laboratories;
(G) Trade school;
(H) Warehouse;
(I) Offices;
—� (� Animal clinics, outdoor pens subject to conditional use; and
(K) Major automobile repair and auto body shop, outdoor storage subject to conditional use.
K9Grass - The only artificial grass designed specifically for dogs! Page 1 of 2
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5/13/2013
Dog Day Getaway CU P
AV Business Campus
Apple Valley City Council
M ay 7, 2013
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Request
•"Finding of Similar Use" for dog daycare in
"I-1" (Limited Industrial) zoning district
(applies to I-2 Zone).
• Conditional Use Permit (CUP) for 15' x 54'
(810 sf) outdoor pet relief area in connection
with a pet daycare facility.
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1
5/13/2013
Location Map
14607 Felton Court
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5/13/2013
Zoning Code Excerpt
GENERAL INDUSTRIAL DISTRICT
§ 155.216 PERMITTED USES. Within any I-2 district, no structure or land shall be
used except for one or more of the following uses, or uses deemed similar by the
City Council:
(A) Any use permitted in the I-1 distrid, as regulated therein, unless otherwise
permitted by this section;
LIMITED INDUSTRIAL DISTRICT
§ 155.201 PERM�TTED USES. Within any I-1 district, no structure or land shall be
used, except for one or more of the following uses or uses deemed similar by the
City Council:
(J) Animal clinics, outdoornens subiect to conditional use; and
"��,
"Finding of Similar Use"
• Pet daycare not listed in I-2 zoning district.
•§ 155.201 PERMITTED USES. Within any I-1 district, no
structure or land shall be used, except for one or more of
the following uses or uses deemed similar by the City
Council
•§ 155.342 USES NOT PROVIDED FOR. Whenever in any
district a use is neither specifically permitted or denied, a
property owner may repuest a studv by the city to
determine whether the particular use is compatible with
the zoninp district in which it is proposed to be located.
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5/13/2013
Current Location
6950 —146t" St W
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§ A16-2 PERMITTED USES.
(A) Zone 1. Within this zone, no structure or land shall be
used, except for one or more of the following uses or uses
deemed similar by the City CounciL•
(1) Animal hospital or clinic when contained within a building;
(2) Auto, marine, truck storage completely within a building;
(3) Bicycle, boat or snowmobile sales and service;
(4) Contractor's office;
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5/13/2013
Site Plan
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5/13/2013
Outdoor Area Detail
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5/13/2013
Public Hearing Comments:
1. How many dogs are expected at this facility?
2. Location of the business in relation to the
single family homes.
3. Potential noise impacts.
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5/13/2013
AV Business Campus Grading Plan
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CUP Conditions for Barking
Previous Lan�ua�e:
9. The business operator shall ensure that the dogs do
not bark when they are outside.
New Lan�ua�e:
9. The business owner shall control the dogs that are in
the outdoor pen area in order that barking, whining or
howling of dogs is not constantly or regularly heard at or
outside the property lines of the Property. Dogs barking,
whining or howling for an aggregate of 10 minutes or
more within a 60-minute period from 9:00 p.m. to 7:00
a.m. and 15 minutes or more within a 60-minute period
from 7:00 a.m. to 9:00 p.m. shall be presumed to be
constant or regular. �
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O
5/13/2013
Recommendation
At its May 1, 2013, meeting, the Planning Commission voted
unanimouslv to recommend approval of the project as follows:
1. Recommend a Finding that a dog daycare facility is a use
similar to an "animal clinic;' an enumerated permitted use in
"I-1" (Limited Industrial) zoning districts, which are deemed
permitted uses in "I-2" (General Industrial) zoning districts.
2. Recommend approval of the Conditional Use Permit (CUP)
for a 15' x 54' (810 sf) outdoor pet relief area in connection
with a dog daycare facility at 14607 Felton Court, Suites 101
to 103, subject to compliance with all City ordinances and
conditions.
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Recommendation
The following motions will approve the project in accordance
with the Planning Commission recommendations:
1. Adopt the resolution declaring a dog daycare as a similar
use to an animal clinic that is a permitted use within I-1
zones.
2. Adopt the resolution approving a conditional use permit
for 15' x 54' (810 sq. ft.) outdoor pet relief area in
connection with a dog daycare facility at 14607 Felton
Court, Suites 101 to 103, with conditions as recommended
by the Planning Commission.
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9
5/13/2013
Questions?
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City of qpp��
Va��ey MEMO
City Clerk's Office
TO: Mayor, City Council, and City Administrator
FROM: Pamela Gackstetter, City Cierk
DATE: May 3, 2013
SUBJECT: CALENDAR OF EVENTS
Following are upcoming events for your calendars:
Day/Date Time Location Event
Special Informal City Council
Tue./May 7 5:30 p.m. Liquor Store No. 3 Meeting - Beyond the Yellow
Ribbon Sign Ceremony
Tue./May 7 7:00 p.m. Municipal Center Special Regular City Council
Meeting
Wed./May 8, 7:00 p.m. Municipal Center Traffic Safety Advisory Committee
Thur./May 9 6:30 p.m. Enjoy! Chamber Great Gatsby Gala
Wed./May 15 9:00 a.m. Municipal Center Firefighters Relief Association
Wed./May 15 11:30 a.m. Enjoy! Chamber Monthly Luncheon
Wed./May 15 7:00 p.m. Municipal Center Planning Commission
Thur./May 16 4:30-6:30 p.m. DCA Title Chamber Business After Hours
Tue./May 21 6:00-8:00 p.m. Minnesota Zoo Africa Exhibit Introduction
Thur./May 23 6;00 p.m. Apple Grove Park Tree Planting Ceremony
Thur./May 23 7:00 p.m. Municipal Center Regular City Council Meeting '�
Mon./May 27 City Offices Closed Memorial Day
Each of the above-noted events is hereby deemed a Special Meeting of the City Council, the
purpose being informational or social gathering. Only at events marked with an asterisk will any
action of the Council take place.
:sam
� ' �i .
R55CKREG . �20000 GTYOFAPF ,iLLEY 5/2/. 9:30:54
Council Check Register Page - 1
4/27/2013 - 5/3/2013
Ch eck # Date Amou Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description B usiness Unit
2080 5/3/2013 137610 A H HERMEL COMPANY
73.39 TAX#1 00050148 225934 3599998 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
335J2 NOTAX#1 00050148 225934 3599998 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
409.11
2081 5/3/2013 700609 ASPEN EQUIPMENT CO
828.28 PK-CONTROL KIT/PLOW BLADES 00049831 225909 10114895 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE
828.28
2082 6/3/2073 700319 CENTERPOINT ENERGY
456.72 LIQ1 MAR 226264 56265598 5025.6256 UTILITIES-NATURAL GAS LIQUOR #1 OPERATIONS
149.34 LIQ2 MAR 226265 55533673 5065.6256 UTILITIES-NATURAL GAS LIQUOR #2 OPERATIONS
1,002.77 FIRE STN 1 MAR 226266 55888184 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG & GROUNDS MNTC
266.20 FIRE STN 2 MAR 226267 55851539 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG & GROUNDS MNTC
254.26 FIRE STN 3 MAR 226268 55533657 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG & GROUNDS MNTC
1,801.12 IA2 MAR 226269 55978928 5265.6256 UTILITIES-NATURAL GAS ARENA2 BLDG MAINTENANCE-HAYES
96.53 WELL 1 MAR 226270 55887046 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR
55.35 WELL 2 MAR 226271 55675664 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR
100.97 WELL 4 MAR 226272 55851604 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR
10970 WELL 5 MAR 226273 55851562 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR
660.15 UTIL WTP MAR 226274 55877872 5325.6256 UTILITIES-NATURAL GAS WATER TREATMENT FCLTY MNTC/RPR
16.95 460 REFLECTION RD MAR 226275 75761361 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR & MNTC
1,760:92 GOLF MAR 226276 96338967 5110.6256 UTILITIES-NATURAL GAS GOLF CLUBHOUSE BUILDING
1,636.84 CMF STRG BLDG 1 MAR 226277 56034416 1540.6256 UTILITIES-NATURAL GAS CMF BUILD�NGS & GROUNDS MNTC
543.72 CMF STRG BLDG 2 MAR 226278 55793483 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS & GROUNDS MNTC
651.25 CMF STRG BLDG 3 MAR 226279 56696487 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS 8 GROUNDS MNTC
138.75 SWIM BLDG MAR 226280 56284078 1940.6256 UTILITIES-NATURAL GAS AQUATIC SVNM CENTER
193.90 SWtM PARK MAR 226281 79512695 1940.6256 UTILITIES-NATURAL GAS AQUATIC SVNM CENTER
64.95 HAGEMEISTER PK MAR 226282 56100324 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE
182.16 VAL MID PK MAR 226283 55611420 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE
60.82 DELANEY PARK MAR 226284 55372148 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE
53.96 HUNTINGTON PK MAR 226285 56346620 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE
64.95 GALAXIE PK MAR 226286 55848238 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE
60.82 AV EAST PK MAR 226287 55851521 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING AAAINTENANCE
143.15 TEEN CENTER MAR 226288 56281637 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE
1,939.34 AVCC MAR 226289 55686299 1900.6256 UTILITIES-NATURAL GAS AV COMMUNITY CENTER
602.14 HCSC MAR 226290 79615332 1920.6256 UTILITIES-NATURAL GAS HAYES COMMUNITY & SENIOR CTR
46.07 SWIM MAR 226291 78955278 1940.6256 UTILITIES-NATURAI GAS AQUATIC SWIM CENTER
248.04 REDWOOD MAR 226292 55612972 1930.6256 UTILITIES-NATURAL GAS REDWOOD POOL
13, 361.84
2083 5/3/2013 100102 COLLEGE CITY BEVERAGE
R55CKREG LOG20000 CITY OF APPLE VALLEY 5/2/2013 9:30:54
Council Check Register Page - 2
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
8,188.70 BEER#1 00000114 226046 361048 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
582.60 BEER#1 00000114 226047 361065 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
81.00 BEER#1 00000114 226048 3871 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
7,851.53 BEER#1 00000114 226049 361065 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
17.65 TAX#1 00000114 226050 361089 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
322.50 BEER#1 00000114 226051 3891 5015.6530 BEER LIQUOR #1 STOCKPURCHASES
369.00- CMBEER#1 00000114 226052 3892 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
2.00- CMBEER#2 00000114 226053 360917 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
1,332.70 BEER#2 00000114 226054 361050 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
34.00 TAX#2 00000114 226055 361050 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES
3,576.92 TAX#2 00000114 226056 361091 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES
2.00- CMBEER#2 00000114 226057 3889 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
3,072.10 BEER#3 00000114 226058 361053 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
35.10 TAX#3 00000114 226059 361053 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
3,846.13 BEER#3 00000114 226060 361092 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
34.00 TAX#3 00000114 226061 361092 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
28,601.93
2084 5/3/2013 700133 DAY DISTRIBUTING CO
3,209.25 BEER#1 00000115 225954 695492 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
43.90 TAX#1 00000115 225955 696433 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
1,607.41 BEER#1 00000115 225955 696433 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
22.40 TAX#2 00000115 225956 695498 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES
2,251.75 BEER#2 00000115 225956 695498 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
22.40 TAX#2 00000115 225957 696431 5055.6540 TAXABLE MISC FOR RESALE L�QUOR #2 STOCK PURCHASES
42875 BEER#2 00000115 225957 696431 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
1,638.25 BEER#3 00000115 225958 695493 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
21.50 TAX#3 00000115 225959 696438 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
294.05 BEER#3 00000115 225959 696438 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
9,539.66
2085 5/3/2073 719126 EXTREME BEVERAGES LLC
103.50 TAX#1 00043761 226243 W734709 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
66.00 TAX#1 00043761 226244 W738496 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
63.00 TAX#2 00043761 226245 1M34710 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES
94.50 TAX#2 00043761 226246 W738497 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES
327.00
2086 5/3/2013 120313 FASTENAL COMPANY
155.39 STR-PLOW BOLTS/NUTS/WASHERS00069100 225912 MNLAK88973 1665.6215 EQUIPMENT-PARTS STREET SNOW 8 ICE MATERIALS
164.19 PK-ZIP TIES/ALUMINUM SLEEVE 00071269 225913 MNLAK88687 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE
319.58
, y
R55CKREG �20000 CITYOFAPr �LLEY 5/2t 9:30:54
Council Check Register Page - 3
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
2087 5/3/2013 100222 HACH COMPANY
342.52 UTIL-REAGENTS 00069638 226078 8247328 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR
342.52
2088 6/3/2013 123520 IMPERIAL SUPPLIES LLC
326.76 STR-MISC WIRE TIES/CONNECTOR�0071852 225915 JY7399 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE
32676
2089 5/3/2013 703338 LEROY JOB TRUCKING INC
170.00 STR-EMPTY ROAD KILL FREEZER 00071951 225916 15698 1610.6240 CLEANWG SERVICE/GARBAGE REMOVSTREET/BOUIEVARD REPAIR & MNTC
170.00
2090 5/3/2073 700326 MN RECREATION & PARK ASSOC
35.00 MN REC & PARKAN.MEET-BREUER 226063 7605 1705.6275 SCHOOLS/CONFERENCES/EXP LOCAL PARK & RECREATION MGMT TRAING
35.00 MN REC & PARKAN.MEET-SKINNER 226063 7605 1705.6275 SCHOOLS/CONFERENCES/EXP LOCAL PARK & RECREATION MGMT TRAING
100.00 MRPA E-MAIL DISTRIB FOR AVFAC 00070583 226067 7634 1940.6280 DUES & SUBSCRIPTIONS AQUATIC SWIM CENTER
170.00
2091 5/3/2073 100600 RIGID HITCH INC
70.51 SHOP-BED MAT #702 00035199 226083 1927402226 1530.6215 EQUIPMENT-PARTS CMF SHOP EQUIP MNTC 8 REPAIR
70.51
2092 5/3/2013 100404 RIPLEY, GAIL M
12.43 MUNICIPALS-G RIPLEY 226298 20130430 5303.6275 SCHOOLS/CONFERENCES/EXP LOCAL UTILITY BILLING
12.43
2093 5/312013 121942 SPRINT
70.04 INSP MOBILE PHONE APR 226127 233995425111 1400.6237 TELEPHONE/PAGERS INSPECTIONS MANAGEMENT
34.15 ENG MOBILE PMONE APR 226128 233995425111 1510.6237 TELEPHONE/PAGERS PW ENGINEERING & TECHNICAL
220.80 FIRE MOBILE PHONEAPR 226129 691466141079 1300.6237 TELEPHONElPAGERS FIRE MANAGEMENT
324.99
2094 5l3/2013 178481 STONEBROOKE EQUIPMENT
30.04 STR-PINS 00071853 225922 26092 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE
30.04
2095 5/3@013 100471 TOLL GAS & WELDING SUPPLY
26.55 UTIL-TORCH TIP CLEANERS 00071072 225924 132571 5390.6215 EQUIPMENT-PARTS SWR EQUIPNEHICLE MISC MNTC/RP
26.55
2096 5/3/2013 700478 TRANS ALARM INC �
R55CKREG LOG20000 CITY OF APPLE VALLEY 5/2/2013 9:30:54
Council Check Register Page - 4
4/27/2013 - 5/3/2013
Ch eck # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
482.74 INSTALL OUTSIDE ANTENNA-AFS#1 226086 SV139503 1340.6266 REPAIRS-BUILDING FIRE BLDG & GROUNDS MNTC
482.74
2097 5i3/2073 101723 USA BLUE BOOK
382.12 UTIL-MARKING PAINT 00069639 225926 929953 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT
382.12
2098 5/3/2013 700496 VAN PAPER CO
405.42 BAGS#1 00008795 225946 270870 5025.6229 GENERAL SUPPLIES LIQUOR #1 OPERATIONS
405.42
2099 5/3/2013 127767 VARNER TRANSPORTATION
490.35 FREIGHT #1 00045995 226249 25597 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
327.60 FREIGHT#1 00045995 226250 25608 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
519.75 FREIGHT#1 00045995 226251 25621 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
489.30 FREIGHT#1 00045995 226252 25632 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
158.55 FREIGHT#2 00045995 226253 25600 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
89.25 FREIGHT#2 00045995 226254 25610 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
211.05 FREIGHT#2 00045995 226255 25623 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
147.00 FREIGHT#2 00045995 226256 26624 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
313.95 FREIGHT#3 00045995 226257 25598 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
157.50 FREIGHT#3 00045995 226258 25609 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
219.45 FREIGHT#3 00045995 226259 25622 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
279.30 FREIGHT#3 00045995 226260 26623 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
3,403.05
2100 5/3/2013 100520 WINE COMPANY, THE
9.90 FREIGHT#1 00015926 225937 327584 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
444.00 WINE#1 00015926 225937 327584 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
11.55 FREIGHT#3 00015926 225938 327706 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
634.67 WINE#3 00015926 225938 327706 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
1,100.12
2101 5/3/2013 700363 XCEL ENERGY
129.45 POL GUN RANGE ELECTRIC 226107 468252257 1255.6255 UTILITIES-ELECTRIC POLICE GUN RANGE
129.45
2102 5/3/2013 138342 YOCUM OIL COMPANY INC
9,158.10 UNLEADED GASOLINE 00050328 226088 551355 1000.1520 INVENTORY-SUPPLIES GENERAL FUND BALANCE SHEET
9,21 1.50 UNLEADED GASOLINE 00050328 226089 551356 1000.1520 INVENTORY-SUPPLIES GENERAL FUND BALANCE SHEET
18,369.60
R55CKREG ` �20000 CITYOFAPI. �LLEY 5/2 930:54
Council Check Register Page - 5
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
252256 5J1/2013 144084 DEAN, MICHAEL
215.00 REF OVPMT UTIL-5249 145TH ST W 225928 20130425 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE
215.00
252257 5/7/2013 144085 MCCLUNG, NELL
6.13 REF OVPMT UTIL-15786 FJORD AVE 225929 20130425 5301.4997 WATERlSEWER ACCT REFUNDS WATER & SEWER FUND REVENUE
6.13
252258 5/1/2073 744086 VAITKUNAS, JAMES
22.29 REF OVPMT UTIL-155 CHAPARRAL D 225930 20130425 5301.4997 WATER/SEWER ACCT REFUNDS WRTER & SEWER FUND REVENUE
22.29
252259 SH/2013 738336 BERNICK'S BEVERAGE
40.00 NOTAX#1 00050356 226022 55800 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
202.45 BEER#1 00050356 226023 55801 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
1,104.05 BEER#2 00050356 226024 55798 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
165.55 BEER#3 00050356 226025 54085 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
1, 512.05
252260 5/1/2073 100199 GETTMAN MOMSEN INC
136.38 TAX#1 00024781 226026 19488 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
131.49 TAX#3 00024781 226027 19489 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
267.87
252261 5/1/2013 700827 GRAPE BEGINNINGS INC
6.75 FREIGHT#2 00032379 225935 151372 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
280.00 WINE#2 00032379 225935 151372 5055.6520 WINE LIQUOR #2 STOGK PURCHASES
11.25 FREIGHT#3 00032379 225936 151378 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
692.00 WINE#3 00032379 225936 151378 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
990.00
252262 5/1/2013 100013 J J TAYLOR DISTRIBUTING CO OF
270.75 GOLF-KTN BEER 00046768 226101 2076119 5120.6419 GOLF-BEER GOLF KITCHEN
101.00 BEER#1 00000116 226108 2026235 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
44.60 NOTAX#1 00000116 226135 2069730 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
3,486.92 BEER#1 p0000116 226135 2069730 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
4,806.60 BEER#1 00000116 226136 2027390 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
84.00 BEER#1 00000116 226137 2027391 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
30.00 TAX#1 00000116 226138 2079416 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
4,416.05 BEER#1 00000116 226138 2079416 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
3.00- CM FREIGHT#2 00000116 226139 2069719 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
3.00 FREIGHT#2 00000116 226139 2069719 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
RSSCKREG LOG20000 CITY OF APPLE VALLEY 5/2/2013 9:30:54
Council Check Register Page - 6
4/27/2013 - 5/3/2013
Check # Date Amount Supptier / Explanation PO # Doc No Inv No Account No Subiedge Account Description Business Unit
1,546.05 BEER#2 00000116 226139 2069719 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
3.00- CM FREIGHT#2 00000116 226140 2069769 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
3.00 FREIGHT#2 00000116 226140 2069769 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
1,407.45 BEER#2 00000116 226140 2069769 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
3.00- CMFREIGHT#2 OOOD0116 226141 2079408 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
3.00 FREIGHT#2 00000116 226141 2079408 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCNASES
1,942.20 BEER#2 00000116 226141 2079408 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
104.00 BEER#3 00000116 226142 2069703 5065.6530 BEER LIQUOR #3 STOCK PURCHASES
3.00- CMFREIGHT#3 00000116 226218 2069716 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
3.00 FREIGHT#3 00000116 226218 2069716 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
, 3,218.69 BEER#3 00000116 226218 2069716 5085.6530 BEER LIQUOR #3 STOCK PURCHASES ,
3.00- CMFREIGHT#3 00000116 226219 2069768 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
3.00 FREIGHT#3 00000116 226219 2069768 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
38.80 NOTAX#3 00000116 226219 2069768 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
1,693.80 BEER#3 00000116 226219 2069768 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
3.00- CMFREIGHT#3 00000116 226220 2079406 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
3.00 FREIGHT#3 00000116 226220 2079406 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
15.00 TAX#3 D0000116 226220 2079406 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
44.60 NOTAX#3 00000116 226220 2079406 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
2,410.80 BEER#3 00000116 226220 2079406 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
25,661.31
252263 5/7/2013 100255 JOHNSON BROTHERS LIQUOR
3,794.07 WINE#1 00000109 226157 1538263 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
253.80 WINEi�1 00000109 226158 1538267 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
435.10 WINE#1 00000109 226159 1538269 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
4,402.60 WINE#1 00000109 226160 1538271 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
1,768.45 WINE#1 00000109 226161 1538272 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
650.43 WINE#1 00000109 226162 1543444 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
646.75 WINE#1 00000109 226163 1543446 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
20673 WINE#1 00000109 226164 7543450 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
97829 WINE#2 00000109 226165 7538273 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
923.51 WINE#2 00000109 226166 1538274 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
215.20 WINE#2 00000109 226167 1538276 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
1,526.10 WINE#2 00000109 226168 1538277 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
108.73 WINE#2 00000109 226169 1543456 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
121.20 WINE#2 00000109 226170 1543454 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
1,150.75 WINE#3 00000109 226171 1538265 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
2,540.61 WINE#3 00000109 226172 1538278 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
1,614.80 WINE#3 00000109 226173 1538279 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
1,442.45 WINE#3 00000109 226174 1538281 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
R55CKREG _ _d20000 CITYOFAPF ,1LLEY 5/2n 930:54
Council Check Register Page - 7
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subiedge Account Description Business Unit
398.33 WINE#3 00000109 226175 1543459 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
2,901.10 WINE#3 00000109 226176 1543461 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
23.46- CMWINE#1 00000109 226177 571177 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
22.06- CMWINE#1 00000109 226178 571173 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
111.71- CMWINE#1 00000109 226179 573057 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
10.35- CMWINE#1 00000109 226180 573475 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
11.73- CMIMNE#1 00000109 226181 573476 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
10.00- CMWINE#2 0000�109 226182 572036 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
6.00- CMWINE#2 00000109 226183 572037 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
71.50- CMWINE#2 00000109 226164 573058 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
104.43- CMWINE#3 00000109 226185 573059 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
235.96 BEER#1 00000109 226186 1543442 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
63.96 BEER#1 00000109 226187 1548772 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
20.99 BEER#2 00000109 226188 1548784 5055.6530 BEER LIQUOR #2 STOCK PURCHASES
235.96 BEER#3 00000109 226189 7543441 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
177.97 BEER#3 00000109 226190 1554206 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
147.49 TAX#1 00000109 226191 1543451 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
59.94 NOTAX#1 00000109 226192 1543451 5015.6545 NON-TAXABLE M�SC FOR RESALE �IQUOR #1 STOCK PURCHASES
93.59 TAX#2 00000109 226193 1543457 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES
98.97 TAX#3 00000109 226194 1543460 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
26.95 NOTAX#3 00000109 226195 1543460 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
3,057.59 LIQ#1 OOOD0109 226196 1538262 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
415.10 LIQ#1 00000109 226197 1538268 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
360.00 LIQ#1 00000109 226198 1538270 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
902.04 LIQ#1 00000109 226199 1543443 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
13,651.39 LIQ#1 00000109 226200 1543447 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
837.55 �IQ#1 00000109 226201 1543445 5015.6510 LIQUOR UQUOR #1 STOCK PURCHASES
4,038.55 LIQ#1 00000109 226202 1543449 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
538.36 LIQ#1 00000109 226203 1548773 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
946.68 LIQ#2 00000109 226204 1538260 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
240.00 LIQ#2 00000109 226205 1538275 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
1,934.48 LIQ#2 00000109 226206 1543448 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
50.00 LIQ#2 00000109 226207 1543452 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
773.36 LIQ#2 00000109 226208 1543453 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
1,492J3 LIQ#2 00000109 226209 1543455 5055.6510 LIQUOR ° LIQUOR #2 STOCK PURCHASES
152.49 LIQ#2 00000109 226210 1548776 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
3,998.13 LIQ#3 00000109 226211 1543440 5085.6510 UQUOR LIQUOR #3 STOCK PURCHASES
2,147.93 LIQ#3 00000109 226212 1543458 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
222.00 LIQ#3 00000109 226213 7648774 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
3.08- CMLIQ#1 00000109 226214 571174 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
10.87- CMLIQ#1 00000109 226215 571175 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
R55CKREG LOG20000 CITY OFAPPLE VALLEY 5/2/2013 9:30:54
Council Check Register Page - 8
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit
28.16- CMLIQ#1 00000109 226216 571176 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
8.33- CMLIQ#1 00000109 226217 574172 5015.6510 LIQUOR L�QUOR #1 STOCK PURCHASES
62,597.48
252264 b/7/2073 100372 PAUSTIS 8 SONS
16.25 FREIGHT#1 00001291 225939 8396102 5015.6550 FREIGHT ON RESALE MDSE - LIQUOR #1 STOCK PURCHASES
1,019.56 WINE#1 00001291 225939 8396102 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
.01 WINE#1 00001291 225940 8396249 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
1.25 FREIGHT#1 00001291 225941 8397072 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
78.65 WINE#1 00001291 225941 8397072 5015.6520 1MNE LIQUOR #1 STOCK PURCHASES
10.00 FREIGHT#2 00001291 225942 8396094 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
616.79 WINE#2 00001291 225942 8396094 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
15.00 FREIGHT#3 00001291 225943 8396097 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
1,129.54 WINE#3 00001291 225943 5396097 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
1.25 FREIGHT#3 00001291 225944 8397082 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
164.00 LIQ#3 00001291 225944 8397082 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
36.56- CMWINE#3 00001291 225945 8396430 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
1.25- CMFREIGHT#3 00001291 225945 8396430 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
3,014.49
252265 6/1/2013 700751 PHILLIPS WINE S SPIRITS INC
399.75 WINE#1 00000106 225960 2404615 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
320.00 WINE#1 00000106 225961 2404617 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
160.00 WINE#1 00000106 225962 2408080 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
1,308.80 WINE#1 00000106 225963 2408083 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
507.30 WINE#1 00000106 225964 2408087 5015.6520 WINE LIQUOR #t STOCK PURCHASES
185.60 WINE#1 00000106 225965 2411635 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
36.00 WINE#1 00000106 225966 2411639 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
25.55 WINE#2 00000106 225967 2404620 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
96.00 WINE#2 00000106 225968 2404621 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
566.70 WfNE#2 00000106 225969 2408082 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
836.55 WINE#2 00000106 225970 2408089 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
49.65 WINE#2 00000106 225971 2408090 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
272.00 WINE#3 00000106 225972 2408081 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
874.95 WINE#3 00000106 225973 2408091 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
184.00 WINE#3 00000106 225974 2408094 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
97.65 WINE#3 00000106 225975 2411641 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
48.00 WINE#3 00000106 225976 2411644 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
160.00- CMWINE#2 00000106 225977 3500727 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
53.27- CMWINE#2 00000106 225978 3501907 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
240.00- CMWINE#2 00000106 225979 3503323 5055.6520 WINE LiQUOR #2 STOCK PURCHASES
R55CKREG '' .20000 CITY OF AP: �LLEY 5/2, 9:30:54
Council Check Register Page - 9
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Descriptio� Bus iness Unit
20.00 TAX#3 00000106 226030 2404623 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
41.95 TAX#3 00000106 226037 2411643 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
20.00 NOTAX#1 00000106 226032 2411638 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
90.00 BEER#3 00000106 226033 2404613 5085.6530 BEER UQUOR #3 STOCK PURCHASES
148.42 BEER#3 OOOD0106 226034 2411633 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
3,894.08 LIQ#1 00000106 226035 2404616 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
719.52 LIQ#1 00000106 226036 2408084 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
136.50 LIQ#1 00000106 226037 2408085 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
223.50 LIQ#1 00000106 226038 2411634 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
3,460.35 LIQ#1 00000106 226039 2411637 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
268.75 LIQ#2 00000106 226040 2404619 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
74.50 LIQ#2 00000106 226041 2411636 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
757.85 LIQ#2 00000106 226042 2411640 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
540.19 LIQ#3 00000106 226043 2404622 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
302.30 LIQ#3 00000106 226044 2408092 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
328.35 LIQ#3 00000106 226045 2411642 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
30.00 BANK CHARGE FOR CK 251386 226065 9068753 2002.6350 BANK FEES/CHARGES INVESTMENT FUND
16,571.49
252266 5/1/2013 100524 SOUTHERN WINE & SPIRITS OF MN
5,560.74 lIQ#1 00050756 226000 1021476 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
717.97 LIQ#1 00050756 226001 1023800 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
192.90 LIQ#1 00050756 226002 1023802 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
5,898.98 LIQ#1 00050756 226003 1026167 5015.6510 tIQUOR LIQUOR #1 STOCK PURCHASES
328.00 WINE#1 00050756 226004 1021475 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
1,120.00 V1ANE#1 00050756 226005 1023801 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
3,780.00 WINE#1 00050756 226006 1023803 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
116.00 WINE#1 OOOSD756 226007 1026168 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
2,163.97 LIQ#2 00050756 226008 1021477 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
391.50 LIQ#2 00050756 226009 1023807 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
1,209.87 LIQ#2 00050756 226010 1026169 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
168.00 WINE#2 00050756 226011 1021478 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
104.00 WINE#2 00050756 226012 1021479 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
248.00 WINE#2 00050756 226013 1023805 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
400.00 UVINE#2 00050756 226014 1023806 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
56.00 WINE#2 00050756 226015 1026170 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
1,427.94 LIQ#3 00050756 226016 1021519 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
2,520.14 LIQ#3 00050756 226017 1026210 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
360.00 WINE#3 00050756 226018 1023853 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
924.00 WINE#3 00050756 226019 1023854 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
1,864.00 WINE#3 ., 00050756 226020 1023855 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
R55CKREG LOG20000 CITY OF APPLE VALLEY 5/2/2013 930:54
Council Check Register Page - 10
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
336.00 WINE#3 00050756 226021 1026211 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
1,000.00 WINE#3 00050756 226242 1009896 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
30,888.01
252267 5/1/2073 12b174 SURLY BREWING CO
655.00 BEER#1 00047806 226247 1685 5015.6530 BEER LIQUOR #1 STOCK PURCHASES
840.00 BEER#3 00047806 226248 1683 5085.6530 BEER LIQUOR #3 STOCK PURCHASES
1,495.00
252268 5/1/2073 143722 VINIFERA MINNESOTA
387.00 WINE#3 00051261 226028 324235 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
774.00 WINE#3 00051261 226029 324241 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
1,161.00
252269 5/7/2013 700521 WINE MERCHANTS
1,902.10 WINE #1 00022992 225980 449840 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
1,616.67 WINE #1 00022992 225981 451646 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
48.00 WINE #1 00022992 225982 451845 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
2,516.00 WINE#1 00022992 225983 452627 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
60.00 WINE#2 00022992 225984 449839 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
120.00 WINE#2 00022992 225985 449841 5055.6520 WINE �IQUOR #2 STOCK PURCHASES
304.00 WINE#2 00022992 225986 451649 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
86.67 WINE#2 00022992 225987 451648 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
2,492.00 WINE#2 00022992 225988 452628 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
331.00 WINE#3 00022992 225989 449842 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
136.00 WINE#3 00022992 225990 450027 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
432.00 WINE#3 00022992 225991 450771 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
1,393.35 WINE#3 00022992 225992 451647 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
827.00 WINE#3 00022992 225993 451651 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
2,600.00 WINE#3 00022992 225994 452629 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
50.25- CMWINE#1 00022992 225995 60977 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
16.00- CMWINE#1 00022992 225996 61104 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
14.00- CMWINE#1 00022992 225997 61106 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
4.00- CMWINE#2 00022992 225998 60978 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
37.25- CMWINE#3 00022992 225999 60979 5085.6520 1MNE LIQUOR #3 STOCK PURCHASES
30.00 BANK CHARGE FOR CK 251391 226066 9068754 2002.6350 BANK FEES/CHARGES INVESTMENT FUND
14,773.29
252270 5/1/2013 100152 WIRTZ BEVERAGE MINNESOTA WINE
56.00 WINE#1 00001930 225947 1080028272 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
41.40 FREIGHT#1 00001930 225948 1080028273 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
2,174.18 WINE#1 00001930 225948 1080028273 5015.6520 WINE LIQUOR #1 STOCK HASES
R55CKREG . �20000 CITY OF AP� ALLEY 5/2i.: 9:30:54
Council Check Register Page - 11
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit
24.15 FREIGHT#1 00001930 225949 1080031085 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
840.00 WINE#1 00001930 225949 10$0031085 5015.6520 WINE LIQUOR #1 STOCK PURCHASES
12.65 FREIGHT#2 00001930 225950 1080028269 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
668.00 WINE#2 00001930 225950 1080028269 5055.6520 WINE LIQUOR #2 STOCK PURCHASES
2.30 FREIGHT#2 00001930 225951 1080031042 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
80.00 WINE#2 00001930 225951 1080031042 5055.6520 WfNE LIQUOR #2 STOCK PURCHASES
55.20 FREIGHT#3 00001930 225952 1080028154 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
4,052.00 WINE#3 00001930 225952 1080028154 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
26.45 FREIGHT#3 00001930 225953 1080030967 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
1,080.00 WINE#3 00001930 225953 1080030967 5085.6520 WINE LIQUOR #3 STOCK PURCHASES
9,112.33
262271 5/1/2013 100279 WIRT2 BEVERAGE MINNESOTA WINE
1.15 FREIGHT#3 00000105 226222 1080030968 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
40.40 TAX#3 00000105 226222 1080030968 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
4.60 FREIGHT#1 00000105 226223 1080022690 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
435.14 �IQ#1 00000105 226223 1080022690 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
1.34 FREIGHT#1 00000105 226224 1080018797 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
58.65 FREIGHT#1 00000105 226225 1080031084 5015.6550 FREIGHT ON RESALE MDSE LIQl10R #1 STOCK PURCHASES
6,108.99 LIQ#1 00000105 226225 1080031084 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
.77 FREIGHT#2 00000105 226226 1080018794 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
2.30 FREIGHT#2 00000105 226227 1080022687 5055.6550 FREIGHT ON RESALE N1DSE LIQUOR #2 STOCK PURCHASES
33.62 TAX#2 00000105 226227 1080022687 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES
98.95 LIQ#2 00000105 226227 1080022687 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
1.15 FREIGHT#2 00000105 226228 1080028268 5055.6550 FREIGHT QN RESALE MDSE LIQUOR #2 STOCK PURCHASES
180.01 LIQ#2 00000105 226228 1080028268 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
11.50 FREIGHT#2 00000105 226229 1080037041 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES
1,640".97 LIQ#2 00000105 226229 1080031041 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
1.34 FREIGHT#3 00000105 226230 1080018674 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
.38 FREIGHT#3 00000105 226231 1080022523 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
176.16 LIQ#3 00000105 226231 1080022523 5085.6510 IIQUOR LIQUOR #3 STOCK PURCHASES
3.45 FREIGHT#3 00000105 226232 1080028073 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
•44.00 TAX#3 00000105 226232 1080028073 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES
747.34 LIQ#3 00000105 226232 1080028073 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
32.58 FREIGHT#3 00000105 226233 1080030966 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES
3,813:44 LIQ#3 00000105 226233 1080030966 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
51:00- CMLIQ#1 00000105 226234 2080002512 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
1,572.00- CMLIQ#1 00000105 226235 2080003526 5015:6510 �IQUOR LIQUOR #1 STOCK PURCHASES
50.00- CMLIQ#1 00000105 226236 2080003528 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES
639.28- CMLIQ#2 00000105 226237 2080003527 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES
10.00- CMLIQ#2 00000105 226238 2080003529 5055.6510 LIQUOR LI(1UOR #2 STOCK PURCHASES
R55CKREG LOG20000 CITY OF APPLE VALLEY 5/2/2013 9:30:54
Councii Check Register Page - 12
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
51.00- CMLIQ#3 00000105 226239 2080002513 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
681.20- CMLIQ#3 00000105 226240 2080003525 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES
1:15 FREIGHT#1 00000105 226241 1080031086 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES
40.40 TAX#1 00000105 226241 1080031086 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES
10,425.30
252272 5/1/2013 107055 BIRD, WILLIAM A
41.80 HCSC-MILEAGE B�RD FEB & MARCH 226071 20130326 1920.6277 MILEAGE/AUTO ALLOWANCE HAYES COMMUNITY & SENIOR CTR
41.80
252273 5/7/2013 107060 BONE, BRIAN A
73.32 ARSON INVEST BONE-ALBERT LEA 226293 20130315 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING
73.32
252274 5/7/2013 129765 ELVIN, COLLEEN
25.00 ROCHESTER FIRE SCHL ELVIN 226294 20130407 1310.6276 SCHOOLS/CONFERENCES/EXP OTHERFIRE TRAINING
25.00
252275 6/7/2013 100925 HEMPHILL, KRISTIN
13.92 REC-SUPPLIES 226100 20130414 1825.6229 GENERAL SUPPLIES REC SUMMER PLAYGROUND ACTIV�TY
28.76 REC-MILEAGE JAN-APR 226100 20130414 1825.6277 MILEAGE/AUTOALLOWANCE REC SUMMER PLAYGROUNDACTIVITY
42.68
252276 5/1/2013 100607 JACOBSON, DEAN G
58.75 POL GO CART TRAILER LIFE-TIME 226096 3772719 2062.6740 CAPITAL OUTLAY-MACH/EQ/OTHER POLICE CRIME
58.75
252277 5/1/2073 123957 MCWILLIAMS, TIM
31.92 UTIL-JEANS 226103 20130330 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY
31.92
252278 5N/2013 107436 MOORE, MARK T
11.75 TRS AC POWER ADAPTER 225904 20130411 2012.6215 EQUIPMENT-PARTS CABLE N JOINT POWERS
.76- 225904 20130411 2010.2330 DUE TO OTHER GOVERNMENT CABLE TV RESERVE BALANCE SHEET
10.99
252279 5/1/2013 143946 A TO Z HOME INSPECTION, LLC
900.00 CONTR BLDG INSPECTIONS-MARCH 225907 20130409AV 1400.6235 CONSULTANT SERVICES INSPECTIONS MANAGEMENT
1,200.00 CONTR BLDG INSPECTIONS-MARCH 225908 20130410AV 1400.6235 CONSULTANT SERVICES INSPECTIONS MANAGEMENT
2,100.00
252280 5/7/2P" 144082 AA POLY BAG COMPANY INC
RSSCKREG _._.;20000 CITY OF APF .1LLEY 5/2i.! 9:30:54
Council Check Register Page - 13
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
135.60 ENG-DOOR HANGER BAGS 00069787 225905 82526 1510.6229 GENERAL SUPPLIES PW ENGINEERING & TECHNICAL
135.60
252287 5/1/2013 100002 AAA AUTO PARTS
347.34 PK-BUMPER ASSEMBLY #241 00071273 225906 1094372 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE
347.34
252282 5/1/2013 100747 ARAMARK UNIFORM SERVICES INC
30.10 SHOP-UNIFORM RENTAPR 00046863 226133 6297725965 1530.6281 UNIFORM/CLOTHING ALLOWANCE CMF SHOP EQUIP MNTC & REPAIR
30.10 STR-UNIFORM RENTAPR 00046863 226133 6297725965 160D.6281 UNIFORM/CLOTNINGALLOWANCE STREET MANAGEMENT
30.10 PK-UNIFORM RENTAPR 00046863 226133 6297725965 1710.6281 UNIFORM/CLOTHINGALLOWANCE PARK MAINTENANCE MANAGEMENT
30.11 UTIL-UNIFORM RENTAPR 00046863 226133 6297725965 5305.6281 UNIFORM/CLOTHINGALLOWANCE WATER MGMT/REPORT/DATA ENTRY
25.22 SHOP-UNIFORM RENTAPR 00046863 226134 6297730774 1530.6281 UNIFORM/CLOTHINGALLOWANCE CMF SHOP EQUIP MNTC & REPAIR
25.22 STR-UNIFORM RENTAPR 00046863 226134 6297730774 1600.6281 UNIFORM/CLOTHINGALLOWANCE STREET MANAGEMENT
25.22 PK-UNIFORM RENTAPR 00046863 226134 6297730774 1710.6281 UNIFORM/CLOTHINGALLOWANCE PARK MAINTENANCE MANAGEMENT
25.23 UTIL-UNIFORMRENTAPR 00046863 226134 6297730774 5305.6281 UNIFORM/CLOTHINGALLOWANCE WATERMGMTlREPORT/DATAENTRY
221.30
252283 5/1/2013 100820 AT&T MOBILITY
398.94 GOLF MOBILE PHONE APR 00050012 226299 539223835X04202 5105.6237 TELEPHONE/PAGERS GOLF MANAGEMENT
013
398.94
252284 SHl2073 707318 AUTOMATIC SYSTEMS COMPANY
240.00 UTIL-LIFT 1 PROGRAMMING 226070 26118S 5380.6265 REPAIRS-EQUIPMENT SEWER LIFT STN REPAIR & MNTC
240.00
252285 5l7/2013 109954 BERRY COFFEE COMPANY
28.86 CMF-BEVERAGES FOR MTGS 00050679 226090 1087524 1540.6229 GENERAL SUPPLIES CMF BUILDINGS & GROUNDS MNTC
151.80 CH-BEVERAGES FOR MTGS 00041013 226091 1082749 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG & GROUNDS MNTC
180.66
252286 5/1/2013 100082 BURNSVILLE, CITY OF
7,569.60 SANITARY SEWER USER FEES-QTR1 226092 201300000007 5365.6318 BURNSVILLE/EAGAN SWR REIMBURSESEWER MGMT/REPORTS/DATA ENTRY
7,569.60
252287 5/1l2073 137689 BUSHNELL OUTDOOR PRODUCTS
92.00 GOLF FREIGHT 00051391 226112 144305 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP
658:64 GOLF BAGS, DECOY, ROPE 00051391 226112 144305 5115.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP
750.64
252288 5l1/2013 128535 CARTEGRAPH SYSTEMS IN
RS5CKREG LOG20000 CITY OFAPPLE VALLEY 5/2l2013 9:30:54
Counci) Check Register Page - 14
4/27/2013 - 5/3J2013
Check # Date Amount Supp�ier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit
1,822.50 CODE IMPLEMENTATION SVCS 00051236 226093 37572 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT
2,542.50 CODE IMPLEMENTATION SVCS 00051236 226094 37834 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT
1,350.00 CODE IMPLEMENTATION SVCS 00051236 226095 37688 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT
5,715.00
252289 5/1/2013 130960 COLD SPRING MEMORIAL GROUP
1,238.89 CREMORIAL, NATURAL ROCK-MILN�0047829 226072 M320321 5605.6326 CREMATION BOULDER CEMETERY
2,228.95 CREMORIAL, NATURAL ROCK-ILSTR1ID047829 226072 M320321 5605.6326 CREMATION BOULDER CEMETERY
3,467.84
252290 b/1/2013 122019 CROWN RENTAL - BURNSVILLE
138.67 PK-PARTS FOR LEAF BLOWERS 00047286 226073 W54581 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE
138.67
252291 5/1/2013 100114 CUB FOODS
19.33 POL-POP, WATER 00071760 226114 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT
46.64 REC-LIL CHEF SUPPLIES 00071523 226115 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS
124.71 REC-BREAKFAST W/BUNNY SUPPLIH�71519 226116 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL
30.26 POL-SNACKS, CITIZENS ACADEMY 00070383 226117 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PREV
25.59 POL-POP 00071756 226118 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT
20.46 POL-SNACKS, CITIZENSACADEMY 00070388 226119 1275.6229 GENERAL SUPPLIES POLCOMMUN OUTREACH/CRIME PREV
64.00 FIRE-POWERADE FOR TRUCKS 00071903 226120 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS
64.85 POL-SNACKS, CITIZENSACADEMY 00070386 226121 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PREV
24.94 AVCC-CLEANING SUPPLIES 00071532 226122 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER
31.14 REC-WATER COLORS SUPPLIES 00071532 226123 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS
28.31 REC-OOEY GOEY CLASS SUPPLIES00071532 226124 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS
163.17 CH-MISC SUPPLIES 00069470 226125 1060.6229 GENERAL SUPPLIES MUNICIPAL BLOG 8 GROUNDS MNTC
16.96 CH-POP FOR RESALE 00069470 226126 1060.6545 NON-TAXABLE MISC FOR RESALE MUNICIPAL BLDG & GROUNDS MNTC
660.36
252292 5/1/2073 119052 CUSTOM HOSE TECH (NC
576.20 STR-HOT WTR JETTER SUPPLIES 225910 69022 1620.6215 EQUIPMENT-PARTS STREET STORM DRAIN RPR 8 MNTC
576.20
252293 5/1/2013 100128 DAKOTA ELECTRIC ASSOCIATION
43.16 GALAXIE/FOUNDER LN SPRINKLER 226062 100070 1610.6255 UTILITIES-ELECTRIC STREET/BOULEVARD REPAIR & MNTC
101.23 LIFT STN STRM SWR GALAXIE 226062 100070 5385.6255 UTILITIES-ELECTRIC SEWER STORM INFRASTRUCTURE
130.70 VALLEYWOOD RESERVOIR 226062 100070 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR
229.64 QUARRY POINT WATER TOWER 226062 100070 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR
257.18 GOLF MAINTENANCE BLDG 226062 100070 5145.6255 UTILITIES-ELECTRIC GOLF SHOP BUILDING MAINTENANCE
900.68 STREET LIGHTS 226062 100070 5805.6545 NON-TAXAB�E MISC FOR RESALE STREET LIGHT UTIL�TY FUND
1,431.64 GOLF CLUBHSE/SEC LT 226062 100070 r , 5110.6255 UTILITIES-ELECTRIC GOLF CLUBHOUSE �ING
RSSCKREG , .,20000 CITYOFAPw , .,�LLEY 5/2i. 9:30:54
Council Check Register Page - 15
4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
3,094.23
252294 5/7/2013 100434 DOUGHERTY MOLENDA SOLFEST HILL
24,020.00 POL LEGAL SERVICE-MAY 226097 66112730513 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY
12,391.00 GEN LEGAL SERVICE MAY 226098 66112720513 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES
36,411.00
252295 S/1l2073 100329 ECM - SPECIALTY PUBS
299.00 GOLF-AV CHAMBER DIR AD 00071428 225911 1158105 5105.6239 PRINTING GOLF MANAGEMENT
299.00
252296 5f1/2013 100407 EMERGENCYAUTOMOTIVETECHNOLOG
341.58 WQ-MINI LIGHTBAR #602 00038694 226261 AW0412131 5505.6730 CAPITAL OUTLAY-TRANSPORTATION STORM DRAIN UTILITY
430.17 POL-WHELEN INNER EDGE XLP #4700038694 226262 AW03151311 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL
159.33 STR-CONTROLLER FOR ARROW BCUQ0D8694 226263 CSO4181318 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE
931.08
252297 6/1/2073 100768 FRONTIER COMMUNICATIONS OF MN
205.97 GOLF DATA LINE APRIL 225933 2200049513015 5105.6237 TELEPHONE/PAGERS GOLF MANAGEMENT
205.97
252298 5/U2013 100194 GENERAL REPAIR SERVICE
265.48 UTIL-LUBRICANT FOR ROOT SAWS 00071074 226074 49022 5390.6229 GENERAL SUPPLIES SWR EQUIPNEHICLE MISC MNTC/RP
265.48
252299 5/1/2073 100793 GLEINWE DOORS INC
1,642.71 CMF-REPL DOOR & FRAME BLDG #U0051358 226075 165100 1540.6266 REPAIRS-BUILDING CMF BUILDINGS & GROUNDS MNTC
2,108.80 CMF-REPL DOOR & FRAME-UTIL ENQ0051358 226076 165099 1540.6266 REPAIRS-BUILDING CMF BUILDINGS & GROUNDS MNTC
1,081.89 CMF-REPL HALL WAY DOOR 00051358 226077 165098 1540.6266 REPAIRS-BUILDING CMF BUILDINGS & GROUNDS MNTC
4,833.40
2b2300 6/1/2013 112352 GREG LESSMAN SALES
8.67 GOLF FREIGHT 00066497 226111 49032 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP
10370 GOLF PUTTER GRIPS 00066497 226111 49032 5115.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP
112.37
252307 5/1/2013 737225 HEGGIES PIZZA
106.85 GOLF-KTN PIZZA 00049094 226099 35749 5120.6420 GOLF-FOOD GOLF KITCHEN
106.85
282302 Sf7/2013 736639 IMPACT PROVEN SOWTIONS
790.75 FIN-ENVELOPES 00051374 225914 76517 1035.6239 PRINTING FINANCE
R55CKREG LOG20000 CITY OF APPLE VALLEY 5/2/2013 9:30:54
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4/27/2013 - 5/3l2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
790.75
252303 5/1/2013 100255 JOHNSON BROTHERS LIQUOR
30.00 BANK CHARGE FOR CK 257382 226302 9068752 2002.6350 BANK FEES/CHARGES INVESTMENT FUND
30.00
252304 5/1/2073 116371 LOFFLER
72.68 FRONT DESK COPIER STAPLES 226102 1555587 1021.6210 OFFICE SUPPLIES FRONT DESK
72.68
252305 5/1/2013 100934 LUBRICATION TECHNOLOGIES INC
30.00 SHOP-DRUM DEPOSIT 00051131 226300 2194396 1530.6212 MOTOR FUELS/OILS CMF SHOP EQUIP MNTC & REPAIR
1,080.02 PK-OIL 00051131 226300 2194396 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE
1,110.02
262306 S/1/2013 100293 MACQUEEN EQUIPMENT
330.08 STR-WATER LEVEL SENDER 00035435 226079 2132147 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE
35.44 STR-HEADLIGHT SWiTCH 00035435 226080 2132098 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE
365.52
252307 5l7/2013 700299 MASTER ELECTRIC CO
188.50 HCSC-REPLACE LIGHT BALLAST 00071567 225917 SD3882 1920.6266 REPAIRS-BUILDING HAYES COMMUNITY & SENIOR CTR
188.50
252308 5H/2013 100558 METRO FIRE INC
371.45 FIRE-HCN CALIBRATION GAS 225918 46936 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS
371.45
252309 5/712013 719714 MUSICAL SAFARI INC
60.00 MUSICAL SAFARI PARTICIPANTS 00071537 226081 20130423 1875.6249 OTHER CONTRACTUAL SERV�CES REC PRESCHOOL PROGRAMS
60.00
252310 5/7/2013 100359 NIKE USA INC
159.14 GOLF FREIGHT 00051386 226113 948716374 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP
6,364.50 GOLF CLOTHING 00051386 226113 948716374 5115.6413 GOLF-CAPS/HATS/CLOTHING GOLF PRO SHOP
6,523.64
252311 5/7/2013 722005 NORTHLAND CHEMICAL CO
129.85' PK-FLOOR FINISH, REDWOOD BLDG 225919 5049059 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE
144.24 AVCC-CLEANING SUPP�IES 225920 5049017 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER
274.09
R55CKREG �20000 " CITYOFAPi �LLEY 5/2i: 9:30:54
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4/27/2013 - 5!3/2013
Check # Date Amount Supplier / Explanation PO # Doc No inv No Account No Subledge Account Description Business Unit
252372 5/1/2013 720187 NRPA
150.OQ NRPA MEMBERSHIP-B BERNSTE�N 226068 19877 1700.6280 DUES & SUBSCRIPTIONS PARK & RECREATION MANAGEMENT
150.00
252313 5/1/2013 100262 PING
11.76- GOLF DISCOUNT 00051385 226104 11737886 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP
10.95 GOLF FREIGHT , 00051385 226104 11737886 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP
588.00 GOLF CLUBS 00051385 226104 11737886 5115.6414 GOLF-CLUBS GOLF PRO SHOP
587:19
252314 5/1/2013 144083 PIONEER MANUFACTURING COMPANY
269.32 PK-MEASURWG TAPES 00065099 225921 INV473983 1715.6211 SMALL TOOLS & EQUIPMENT PARKATHLETIC FIELD MAINTENANC
269.32
252315 6/1/2073 700387 POSTMASTER ST PAUL
3,166.95 UTIL POSTAGE-PERMIT #419 , 226105 20130501 1700.6238 POSTAGE/UPS/FEDEX PARK & RECREATION MANAGEMENT
3,166.95
252316 5/7/2013 107797 RCM SPECIALTIES INC
55325 STR-CRS2 ASPHALTEMULSION 226082 3646 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR & MNTC
553.25
252317 5/1/2013 744098 RNER'S END
19.23 GOLF FREIGHT 226109 11315951 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP
588.00 GOLF CLOTHING 226109 11315951 5115.6413 GOLF-CAPSlHATS/CLOTHING GOLF PRO SHOP
607.23
252318 5/1/2013 132465 SAM'S CLUB DIRECT
18.70 WQ SNACKS FOR BLUE THUMB WO�1�B0914 226143 2094 5505.6229 GENERAL SUPPLIES STORM DRAIN UTILITY
128.38 CH PAPER TOWELS 00071601 226144 433 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG 8 GROUNDS MNTC
96.01 GOLF TOWELS 00049151 226145 8430 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN
1.03- 00049151 226145 8430 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET
5.18 GOLF KITCHEN FOOD 00049151 226146 8430 5120.6420 GOLF-FOOD GOLF KITCHEN
48J6 AVCC BROOM SETS 00070582 226147 3963 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER
42.40 REC TC CONCESSION ITEMS 00071520 226148 4124 1840.6540 TAXABLE MISC FOR RESALE REC TEEN PROGRAMS
52.56 REC PLATES, CUPS, CUTLERY 00071520 226149 4124 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL
35.98 POL RETIREMENT CAKE FOR RUTZHDq71452 226150 704 1200.6399 OTHER CHARGES POLICE MANAGEMENT
15.22 WQ"SNACKS FOR BLUE THUMB WO�l�B0915 226151 2073 5505.6229 GENERAL SUPPLIES STORM DRAIN UTILITY
31.64 UTIL HOME & GARDEN SHOW SUPP�069784 226152 5866 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTRY
26.69 GOLF NAPKINS, MISC 00049151 226153 1767 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN
.89- 00049151 226153 1767 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET
122:71 GOLF KITCHEN FOOD 00049151 226154 1767 5120.6420 GOLF-FOOD GOLF KITCHEN
R55CKREG LOG20000 CITY OF APPLE VALLEY 5/2/2013 930:54
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4/27/2013 - 5/3/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit
34.44 GOLF COFFEE 00049151 226155 1767 5115.6229 GENERAL SUPPLIES GOLF PRO SHOP
59.94 GOLF KITCHEN FOOD 00049151 226156 9455 5120.6420 GOLF-FOOD GOLF KITCHEN
636.69
252319 5/1/2013 100829 SHAMROCK GROUP INC
65.19 GOLF-0O2 SYSTEM RENTAL 00051254 226106 1671880 5120.6310 RENTAL EXPENSE GOLF KITCHEN
65.19
252320 5/1/2013 100447 SOUTH RIVER HEATING & COOLING
1,083.26 CH-REPL BURNER MOTOR, BOILER�8035202 226085 1316115 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG & GROUNDS MNTC
1,083.26
252321 5/1/2013 101291 STEVENS EXCAVATING INC, S. R.
400.00 CEMETERY-DIG GRAVE FOR ADAM�D�37765 226084 P1304 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY
400.00 CEMETERY-DIG GRAVE FOR PITMAf00037765 226084 P1304 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY
400.00 CEMETERY-DIG GRAVE FOR KOHL9J0037765 226084 P1304 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY
1, 200.00
252322 5/7/2013 101753 SYSCO MINNESOTA, INC
683.28 GOLF-KITCHEN FOOD 00027785 226301 304231169 5120.6420 GOLF-FOOD GOLF KITCHEN
683.28
252323 5/1/2013 142745 TARGET BANK
55.95 POL MISC SUPPLIES 00071192 226130 23901264603 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL
10.73 REC SNACKS FOR DANCE 00070584 226131 6430763170 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL
16.44 POL SNACKS FOR CITIZENS ACADEQm070384 226132 6430779311 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACHlCRIME PREV
83.12
252324 5/1/2073 112858 THREE RIVERS PARK DISTRICT
180.00 REC-ARCHERY INSTRUCTION 00070589 225923 32727 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT PROG GENERAL
180.00
252325 5/1/2013 718786 TWIN CITY OPTICAL CO INC
44.26 STR PRESCR SAFETY GLASSES-THOM 226110 308268 1600.6229 GENERAL SUPPLIES STREET MANAGEMENT
44.26
2b2326 5/7/2013 100489 UNIFORMS UNLIMITED
849.95 POL-BALLISTIC VEST J HOLLE 225925 158697 1210.6281 UNIFORM/CLOTHING ALIOWANCE POLICE FIELD OPERATIONS/PATROL
849.95
252327 5/1/2013 120890 VALLEY VIEW GLASS & SCREEN
108.00 UTIL-REPL WINDOW AT WELL#2 00069641 225927 20130421 5320.6266 REPAIRS-BUILDING WATER WELUBOO�" ' STN-MNTlRPR
R55CKREG _�.;20000 CITY OF AP� .�LLEY 5/2i. 9:30:54
Council Check Register Page - 19
4/27/2013 — 5/3/2013
Check # Date Amount Supplier / Explanatio� PO # Doc No Inv No Account No Subledge Account Description Business Unit
108.00
252328 5/1/2013 171397 WACONIA FARM SUPPLY
128.78 STR TRIMMING PTS 00071952 226295 72542 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE
12878
252329 5/1/2013 126509 WATER CONSERVATION SERVICE
281.36 UTIL-LEAK DETECT 212 GARDENV1M0035246 226087 3896 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAIN/HYDRANT/CURB STOP MNT
284.16 UTIL-LEAK DETECT 7245 144TH CT 00035246 226087 3896 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAIN/HYDRANT/CURB STOP MNT
383.60 UTIL-LEAK DETECT 117 SWEETWTR00035246 226087 3896 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAIN/HYDRANT/CURB STOP MNT
949.12
20130440 4/29/2073 102664 ANCHOR BANK
7,530.04 EMPLOYEE MEDtCARE 225931 130402B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET
7,530.04 CITY SHARE MEDICARE 225931 130402B 90002111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET
22,757.29 EMPLOYEE FICA 225931 1304026 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET
22,757.29 CITY SHARE FICA 225931 1304028 9000.2'111 ACCRUED FEDERAUFICA PAYROLL CLEARING 8AL SHEET
54,404. FEDERAL TAXES PR 225931 1304028 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET
114,979.34
20130441 4129/2073 100657 MN DEPT OF REVENUE
22,566.69 PAYROLL STATE TAX 225932 130402G 90002112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET
22,566.69
20130442 4/29/2013 100873 HEALTHPARTNERS
3,262.45 DENTAL CLAIMS 4/18/13-4/24/13 226069 20130424 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL
3,262.45
20130501 5!2/2013 730957 GENESI3 EMPLOYEE BENEFITS INC
193.44 FLEX SPENDING MEDICAL - 2013 226296 130501 N 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET
384.60 FLEX SPENDING DAYCARE - 2013 226297 130501 O 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET
578.04
489,411.49 Grand Total �� � Payment Instrument Totals
�* Check Total 268,891.27
V
,' �' r.� Transfer Total 141,386.52
y / Pay ModeX Total 79,133.70
� , Total Payments 489,411.49
C�''��
f
. ,
R55CKSUM L.. _<U000 CITY OF APF iLLEY 5/2i_ 9:31:59
Council Check Summary Page - 1
4/27/2013 - 5/3/2013
Company Amount
01000 GENERAL FUND 91,505.67
02000 INVESTMENT FUND 90.00
02010 CABLE N RESERVE FUND 10.99
02060 POLICE CRIME FUND 58J5
05000 LIQUOR FUND 222,531.22
05100 GOLF FUND 14,323.84
05200 ARENAFUND 1,801.12
05300 WATER & SEWER FUND 11,759.36
05500 STORM DRAINAGE UTILITY FUND 375.50
05600 CEMETERY FUND LEVEL PROGRAM 4,667.84
05800 STREET LIGHT UTIL FUND 900.68
07100 INSURANCE TRUST DENTAL FUND 3,262.45
09000 PAYROLLCLEARING FUND 138,124.07
Report Totals 489,411.49
—_ _ I