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02/10/2022 Meeting
:.L ••••• Meeting Location: Municipal Center Apple 7100 147th Street West Valley Apple Valley, Minnesota 55124 February 10, 2022 CITY COUNCIL INFORMAL MEETING TENTATIVE DISCUSSION ITEMS 5:30 PM 1. Council Discussion Items (10 min.) 2. Final Update on CSAH 42 Visioning Study (30 min.) 3. Discuss Parks and Recreation System Future and Potential Park Bond Referendum (15 min.) 4. Discuss Police Chief Hiring Process (20 min.) 5. Adjourn CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA 7:00 PM 1. Call to Order and Pledge 2. Approve Agenda 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda 4. Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda for consideration. A. Approve Minutes of January 27, 2022, Regular Meeting B. Receive Cemetery Advisory Committee 2021 Annual Report C. Approve Fischer Sand &Aggregate, LLP, Annual Commercial Extraction Permit for 2022 D. Adopt Resolution Approving Updated Rockport, LLC, Alternative Urban Areawide Review(AUAR) 2021 Update and Mitigation Plan E. Authorize Soliciting Request for Proposals for Apple Valley Family Aquatic Center Master Plan Project Related to Potential Parks Bond Referendum F. Adopt Resolution Approving Plans and Specifications for Project 2022- 101, 2022 Street & Utility Improvements, and Authorizing Advertisement for Receipt of Bids, on March 8, 2022, at 10:00 a.m. G. Adopt Resolution Approving Plans and Specifications for Project 2022- 104, 133rd Street W. (Galaxie to Flagstaff) Street & Utility Improvements, and Authorizing Advertisement for Receipt of Bids, on March 8, 2022, at 12:00 p.m. H. Adopt Resolution Approving Plans and Specifications for Project 2022- 107, Greenleaf 6th& 7th Addition(Phase 1) Street Improvements, and Authorizing Advertisement for Receipt of Bids, on March 8, 2022, at 2:00 p.m. I. Approve Joint Powers Agreement with Dakota County for State Health Improvement Program(SHIP) Grant J. Approve Agreement with Confluence, Inc., for Professional Services Related to Park(s) Master Planning Services K. Approve Agreement with 292 Design Group, Inc., for Professional Services Relating to Facility Master Planning L. Approve Change Order No. 1 to Agreement with Fendler Patterson Construction, Inc., for AV Liquor Store 1 - Breakroom Remodel, and Approve Acceptance and Final Payment M. Approve Acceptance and Final Payment on Agreement with Fendler Patterson Construction, Inc., for Apple Valley Liquor - Store 2 N. Set Special Informal City Council Meeting on February 24, 2022, at 5:30 p.m. O. Approve Personnel Report P. Approve Claims and Bills 5. Regular Agenda Items A. Review 2021 Rainwater Rewards Program B. Conduct Public Hearing for Vacation of Gardenia Avenue and 151st Street W. Right-of-Way C. Authorize Receipt of Parks and Recreation Advisory Committee, Planning Commission, and Urban Affairs Advisory Committee Applications through March 11, 2022, to Fill Vacancies D. Adopt Resolution Appointing Member to Fill Vacancy on the Economic Development Authority with Term Expiring March 1, 2025 6. Staff and Council Communications 7. Approve Calendar of Upcoming Events 8. Adjourn Reminder: City Offices are closed Monday, February 21, 2022, in observance of President's Day Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.cityofapplevalley.org • ITEM: 2. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Informal Agenda Item Description: Final Update on CSAH 42 Visioning Study (30 min.) Staff Contact: Department/ Division: Matt Saam, Public Works Director Public Works Department ACTION REQUESTED: N/A SUMMARY: At the February 10 Informal Council Meeting, Dakota County staff member Doug Abere will be in attendance to provide an update to the Council on the final version of the County's CSAH 42 Visioning Study. There will be an opportunity for the Council to ask questions at the conclusion of the presentation. BACKGROUND: The County Highway 42 Visioning Study is a long-term 15-mile Corridor Study, from the County's west border in Burnsville, through Apple Valley, to US Highway 52 in Rosemount. Highway 42 is a principal arterial in the region's highway system managed to balance efficient travel with limited access. The Study will update a similar plan completed in 1999 to incorporate changes to the corridor since that time, and to consider current traffic and land uses based on 2040 Comprehensive Plans. The work will provide a framework to guide future improvements along the corridor. Dakota County is the lead agency for the Study, with participation from the Cities of Apple Valley, Burnsville, and Rosemount. The Highway 42 Study has been underway since the end of January 2020. BUDGET IMPACT: N/A ATTACHMENTS: Presentation 2/2/2022 COUNTYC74‘ County Highway 42 Visioning Study Apple Valley City Council Work Session Doug Abere, Project Manager Transportation Department Physical Development Division February 10, 2022 1 Presentation Outline �� C O V M1 I I • Study Overview • Overall Vision & Key Updates vs. Previously Adopted Plan • Stakeholders and Outreach • Updated Plan Highlights in Apple Valley (Burnsville or Rosemount per your questions) • Next Steps & Questions/Discussion 2 1 2/2/2022 Review: Study Overview ._...,,i):14.4...,..-A( , ( hI 3 RUH NS,ILLS APPLE VALLEY ROSEMOUNT 5 ter © .- i. Larch St a EMeiire E ` a s 1 8Li ! ' 11 I t I m m. ® 4 Y M rt :" — DAKOTA/SCOTT BURNSVILLE r RED LINE BRT DCTC 11552 COUNTY LINE CENTER 8 6 LANE DIVIDED HIGHWAY --- LAKE MARION GREENWAY TRAILGROSSING ♦ COSTING TRAFFIC SIGNAL(29 TOTAL) O 4 LANE DIVIDED HIGHWAY --- NORTH CREEK GREENWAY TRAIL •FULL ACCESS-NO SIGNAL(13 TOTAL) ---- LITT BOUNDARY ——— VERMILLION HIGHLANDS GREENWAY CONCEPT PLAN O MACCESS(9 TOTAL) • 15.5-mile study corridor— principal arterial (PA) highway • 30 signalized intersections (CH 73/Akron Ave added in 2021) • Previously studied with Scott County in 1999 (Rosemount amended 2007) 3 Review: Overall Corridor Vision 4 C O V N I , j IR ✓ Reduce or defer need for Highway 42 expansion Mk ✓ Maximize safety and efficient operations ✓ Maintain & improve corridor functions, _ serving all travelers - = - "..--- „ = • 2040 travel demand forecasts -lip—. • All modes—ped, bike,bus transit, & motorists 4 2 2/2/2022 Key Updates to Previously Adopted Plan ._.,,,,i)".44...„..., TECHNOLOGY MULTIMODAL STREET SYSTEM 0•0 Connected signal Pedestrians systems(add more fiber) • a Cameras for real-time Study considers the roles of • traffic management routes OH existing/future BicyclistsparallelO to support Highway 42 Messaging to assist c.;:j drivers;manage traffic Transit e Adaptable technology to address future needs Highlight:7-8 locations for bridges/tunnels 5 Key Update - Ped/Bike Structure Locations connrr 6 0RecoGOAL: Improve ability for pedestrians and mmendation: Locations that will benefit V bicyclists to cross Hwy 42 unimpeded by from grade-separated crossing(either a Hwy 42 traffic. pedestrian bridge or tunnel). Recommended Locations: Niii - Existing Crossing or Designed Project 111 -'Nit Planned(not designed) - Study Recommended lepton) "3 13n =J * 3 II y� W ' 6 wg3 % m T 52 m m_ 3 y W z o * • 't ■ II *Grade-separated ped-bike crossing improvement could be integral with a roadway bridge 6 3 2/2/2022 Stakeholders and Outreach 44 7 C C L. It Y Meetings with Agency Reps Online Public Engagement Hwy 425takeholder Cities Dakota MVTA MnDOT&Fed Business Met Council Website Emai15 Groups County Hwy Admin Interests &Other _. Project Management / V / u Team(PMT) �/ �/ ---- _ EZIM Study Advisory _ _I___-14 � Committee(SAC) V V V V V V _-_- County Planning Social Media -- commission WE t+fANT TO Online Meetings _ Fit)P FROM City Councils ✓ + e,:Trimpi ay ► . ■ • yQ. i O IIT•� i ) County Board l -'i r 7 what af"Yoay pdq-- coV o for • -4,...--4,„,,y In-Person , ,46, z.h �,,- 1,, iilttt�'=' Outreac l! - Public Open House(July 2021) 7 Corridor Recommendations Maps R, c 0 V M1 1 R.nae.ar....w^w.a a.*. 2040 Vision Plan Long-Term .wM{.w. m `' O .* co Hwy 42 and segments 0 0 0 aim." ch WApyk Wlky Recommendations 0, 0 i p Ato p p 0 -" o p SectorZol2 Short/Medium-Term 4 "® O .... way Recommendations I };:'." i Ewa. _.,.w.e,.,„.,._.m.•. - m i ....N..o.,m..,ae Supporting �F r ie. details provided a-P J i , i ,m7, for key locations > Previouso®o b 1, . ^�, :��„Recommendations G e'ior� '' 4Ym A0® 0 0 i © 0 .,:•�W�. (1999/2007) diO1,q, 0':.W�.M�.,._� •'„�^. �•�,,.v.,uw�, •,.n.v•o ' p---- O.,2-,r.... flu .. .._... _• _�"�, m . 0 w ed, 0 w=.4 O:�_.,, ' ^''''. o, 8 4 2/2/2022 Review: Common Intersection Type9 C co'V N I Y �� Vehicle Ops/Capacity Most locations on Hwy 42 reflect q� Safety proven & conventional intersection types Goal:Manage \ _ Traffic Signals,with Tim' conflict points &Te hnology • c�onn�u Tyre: - _. .. , .eye: s i' a"4'� a _:.�, • Merge: B • �..' , lcrosgng: t9 —' �� J 0 Fj d V —_ J� - - .— - II'�3/4 Interse tion(n signal) Right-In/RI h•�t�t Intersection 0 (no signal) ler ail Updated Co Hwy 42 Plan Highlights: Al . le Valle : Residential & lark context o ,,N,� io 0 Coordinated changes with the removal of the 3g n signal at Elm Drive concurrent with a new underpass at Redwood Park to accommodate cc pedestrians and bicyclists a, 140th St O0 CIE y Improvements at Garden View to address a aCC a_ © capacity issues with possible one-way °cle 0 frontage road system to provide more space a a, @ m m s o for pedestrians and bicyclists,filling a gap in n3 = a u rO LL I o a o the trail system 'b t �©©'�'4)=' 0 ' © Potential grade-separated crossings for i�7 23 I 3t pedestrians and bicyclists j_ O Grade-separated crossing of the high-volume Other changes at many intersection of Cedar Ave/Hwy 77 intersections to improve I. safety for all travelers 0 Updated plan recommends keeping a signal at Garrett ONew intersection configuration options to provide additional capacity at Pilot Knob Road 10 5 2/2/2022 Southcross — Redwood — Elm (City boundary) ** 11 C O V NI Y LONG TERM RECOMMLNVAI ON tact al 0 DR sof...for Deno, ,m. LCI CO p _ = 0 Qnnd SNORI(MEDIUM TERM RECOMMENDA1ION O . Concurrent 0 0 mConcurrent` anar�.eanw ® oo 0 EXISTING[DNOTIION5 - - 1 - �' ` " • • I - • Maintain full access T ©, i4 I at Redwood Dr(no if , c (�'�� IA . to . _ I. signal) a _. ' 4,' O �0. I • Respond to concerns �: e° ,!';P.- 3 about residential G (p �� i cut through traffic a n= SU, B) ,� c $. • Remove Elm Dr 'sN. signal,concurrent PREVIOUSLY ROOM!)RECOMMENDAI IONS L ELEMOMY DOPTIT PE.F(1h1Mf TPTTIONS - t with ped/bike 0 00 0 0 © 0 1'.i•Qd.e 0 T 0 underpass in park CORRIDOR MANAGEMENT RECOMMENDATIONS LEGEND ,v 1, -Ciry Bounden• •.. I•.11 Redwood Park Neighborhood (with Burnsville) .-7,i):01.17_,...S- : O V N 1 Y 12 Existing& Issues: Planning Background& Proposed: ' 1 A 0 I�I '�-`m W+ Existing11 sror, SOUTHCI,S ---_ _ 17-/- SOUTHCROSS DR REDWOOD DR ELM DR Kell 49 0 ertkD REDWOOD 1999 Adopted ` Vision Study Proposed: It;l OTraffic below signal thresholds;close spacing;traffic remove signal at Elm STOP delays;full-access at Redwood Dr No change at Southcross& Y Redwood;3/4-access at Elm SOUTHCROSS REDWOOD ELM (maintain (maintain stop (remove signal; Resident concerns about access and traffic changes signal) control;left turns add ped/bike (Keller Lake Dr.)and safe crossing for peds/bikes on traffic gaps) structure) Q' Pedestrian and bicycle crossing improvements needed Signal removal is consistent with Adopted 1999 Plan.Now r �' with Elm Dr signal removal—add bridge or tunnel recommend:the ped/bike structure;monitor traffic and safety. 12 6 2/2/2022 Redwood Park Ped/Bike Underpass Options C. 13 i0, n,: -f • Y 4Redwood Park / woo rK) f O 40'61 E i _ _ _ - - r I �� -' i r, Concurrent with Elm Dr signal removal /1;: Options to fit existing or modified park plans 13 Garden View Dr and Frontage Roads :, 14 O L. f Y aR,her o, -k SHORT/M EORfM TERM RECCMMENEMTICN ' •}- 2KI - • ,- w; moo® o _ �_ ___ • Project in 2022-2026 *+ © Q -ry"",7,7,'r— 93 0 Capital Improvement EXESTIN000NTATKINS? ' Plan(CIP),Southcross Dr I - ii to 147th Street I T- v$i • Garden View Dr at the IS" • -'- --r--' • center(with frontage III J road options) 1 4it IJ) �1) �: 1R. Y i '` • Remove the Elm Dr ,^ ••, :` r `ti_ -- signal as previously PREY,U MY A© ECC MIENOATOIONS © © noted (address aging `' signals&infrastructure) 14 7 2/2/2022 42 at Garden View Drive & Vicinity ; .4._.... • Concepts to adjust ` ._ '• LIJ !i intersection turn lanes, .. r . access, and other • ``\0 .qt elements ; I =I NIE �— • Address safety and _� �I� provide more capacity _ ��'= - - - - 1 1_ -- • Traffic operations and I 1 1 - / `'i� design options for frontage roads Option:one-way frontage - +Ilr road segments? 15 Garden View Drive & Frontage Roads16-(-7'dt--):4 I 1 I < 16 J =��� , HYYEE PENN$ 1 F� SAYE 09 SIINNNY - {1, N, -I, saw Fr --- \\\. ' ll J -rin° J r 16 8 2/2/2022 One-Way Frontage Road Options ._.;ij)):„wg7_,..... 17 Existing conditions \ '\II One-way frontage road p my- 4.s l i .a _ .7 .:...... , op .._. .�.I. ___, i all Potential Benefits • Fill pedestrian/bike trail gaps • Add green space (or provide parking options) • Increased safety (including the Garden View Dr intersection) 17 Cedar Ave & Adjacent Segments ;4 18 : O U N I 1 tONJi if RM RE(O 1MENLIATIL)N 0 ON fc� ',. �fetlomr�nn`• glir Gil Mr Ilk Fr ail glir SNQRTJMEDIUM 1HIiM Rt(OMMENUAtION O 0 imtl''Ar '.�' f e Q® O o 0 o • Long-term need for a fil te two-level intersection at •+ © Q 0 0 0 0 0 Cedar(same as a previously adopted; v wil concepts identified) Ir a • Opportunities for t a ;� • '0 I ;- ` ped/bike crossing -:. improvements ., ; a ,., F' ''4 t'," 4 ,,r�: f I • Plan for to supporting t: ;: network and to maintain Hwy 42 access east& rii- Nr ,l ^.rMr1rr,F 01-4...1rN 19N'• 0 M 0 M 0 west of Cedar Ave CORRIDOR MANAGE ME NI RECUMMENUAT IONS LEGE NU 18 9 2/2/2022 Cedar Ave (MN Hwy 77 / Co Hwy 23) c -;i)- -';14 4 I I 6 19 NE* Center Turn Overpass • ,a Echelon 'i � tauIll - N Y ' . e ` 1 9, J l iii .... ., 1 ....... _. .4r„,.. Photo Source:Virginia Department of Transportation 19 Garret Avenue _..7i):44.......,,..- COUNTI 20 sk g ® • Keeping full-access and - _ 4 "°'" °' ��t� �. signal important to jA "<a J Apple Valley business - z _= > a community • Recommend maintaining signal;greater access ' .'W.-0 than in previously adopted plan ' • Turn-lane improvements Q 0 :,.. recommended 20 10 2/2/2022 Pilot Knob Rd (Co 31) & Area — Plan for the future Z1 C. IOW II III.1 III(I]MMI NIIMICIN O rt5 T ead r0 QQ OR o an a/ 0 0 € t-e ® o o e o- 0 SVICIRT/ry1FF1111h1 TRAM RFCONIIj1FNFMTIf)N • Opportunities to 0 expand intersection at © ;.A= grade(no structures needed; range of options) • Access well managed °e L to east&west(per ill = d._ previously adopted a a plan) fE `la a � • Recommend leaving r� ® i .... I . is Easter Ave open for full 3K o� �. f ,`I�INf F w. PNI VIOIESIY AIN7PIFPRI(OhIMFNIIAFIC7NS „Tn access; monitor © 0 © safety CORRFDOR MANAGEMENT RECOMMENDATIONS LEGEND 21 Next Steps and Concluding Discussion O L.N I Y 22 • Finalize the Highway 42 plan updates — the "2040 Management Plan" REQUESTED ACTION: • Confirm the 2040 Vision with all Resolution of support stakeholders • Will assist City staff • Cities and other agencies • March 2022 timeframe • Email notifications and social media Questions/Discussion • Opportunities to engage virtually • Publish the final content (County website) 22 11 • ITEM: 3. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Informal Agenda Item Description: Discuss Parks and Recreation System Future and Potential Park Bond Referendum (15 min.) Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: N/A SUMMARY: Staff is providing an update to the Council on proposals received to provide master planning services for park and recreation facility planning in support of a possible November 2023 referendum. BACKGROUND: One of the City's adopted 2022 goals is to plan for the City's long-term system needs, including a possible Parks and Recreation Bond Referendum. At the September 30, 2021, Special meeting between the City Council and members of the Parks and Recreation Advisory Committee there was consensus direction by the Council to begin the process to investigate a future Parks Bond Referendum that would: • Update our community and neighborhood parks and trails • Reinvest in our major recreational facilities that includes the community center, senior center, aquatics, and arenas • Develop master plans for Alimagnet, Kelley, Farquar, and Redwood parks The purpose of the discussion is to provide an update to the Council on the process and share information related to proposals we have received to help in the effort. BUDGET IMPACT: Adequate funding has been allocated in the Parks Administrative Budget (1700.6235) for these expenditures. ATTACHMENTS: Presentation • • • • • • • • • • • • • • • • • • • Apple1 Vlley Future of Parks & Recreation System February 10, 2022 City of Apple Valley - Parks & Recreation Department Summary of September 30, 2021 Informal Meeting • City Council and Park & Recreation Advisory Committee consensus to move forward • No interest in pursuing Sales Tax Study • Apply for Active Living Dakota County Grant • Work on hiring consultants for park and recreation facility planning projects • Reviewed proposed schedule 1/31/2022 Apple Apple Valley-Parks&Recreation valley City Wide Election • Possible Dates Reviewed at September 30 Meeting • Tuesday, February 14, 2023 • Tuesday, April 11, 2023 • Tuesday, May 9, 2023 • Tuesday, August 8, 2023 • Tuesday, November 7, 2023 1/31/2022 Apple Apple Valley-Parks&Recreation 3 valley City Wide Election • Possible Dates Reviewed at September 30 Meeting • Tuesday, February 14, 2023 • Tuesday, April 11, 2023 • Tuesday, May 9, 2023 • Tuesday, August 8, 2023 • Tuesday, November 7, 2023 1/31/2022 Apple ey Apple Valley-Parks&Recreation 4 Proposed Schedule City of Apple Valley Parks&Recreation Department Tentative Parks Bond Referendum Schedule 2022 2023 Oct Nov Dec Jan Feb March April May June July Aug Sept Oct Nov Dec Jan Feb March April May June July Aug Sept Oct Nov Task Force Meetings Farquar Park Master Plan _ Alimagent Park Master Plan Kelley Park Master Plan Redwood Park Master Plan AVCC/AVSC Concept Plan Arena Concept Plan Aquatic Concept Plan Public Education/Engagement Community Survey Finalize Referendum Components Public Education/Engagement Election 1/31/2022 Apple Apple Valley-Parks&Recreation 5 Valley What has staff been doing ? • Submitted Active Living Dakota County Grant • Tentative notice of award for $15,000 • Sent out and reviewed RFP's for planning services • Park Planning • Recreation Facility Planning • Aquatic Planning (TBD) • Toured multiple park projects across the Twin Cities with PRAC members • Inclusive playgrounds, skate parks, outdoor rinks, park buildings, etc. • Met with Youth Athletics (VAA, EVAA, AVHA, EVHA) • Quality over quantity 1/31/2022 Applc Apple Valley-Parks&Recreation valley Park Request for Proposal 110 Architect Proposed Proposed Proposed Imr- Firm Hours Fee Expense• ' - - • - -Sauk Rapids Riverfront Park — SR Confluence In-house 650 $72,000 $2,000 Preserve Park — Rochester Fred Richards— Edina Central Park — Maple Grove Damon Farber 292 500 $79,769 $1,200 Baker Park — Medina Minnetonka Park Plan — Mtka South Valley Park - IGH HKGI Oertel 690 $78,300 $1,500 Andrews Park - Champlin Vista Pines Park - IGH Woodhaven Park — Eagan WSB Inc. HCM 800 $70,600 $4,000 Becker Park — Crystal Legacy Park - Lakeville 1/31/2022 Appie Apple Valley-Parks&Recreation valley Recreation Facility RFP Community Mechanical Site Cost Market Sector Proposed Proposed Relevant Engagement Electrical Plan Estimating Analysis Fe- Expenses Experien• Eagan Community Center 292 Design Pros Damon RJM Pros Consulting $38,500 $2,000 Brooklyn Park Fam. Group Consulting Farber Aquatic Center Shakopee Community&Ice Center Apple Valley Senior CNH Emanuelson- $40,000 TBD CenterYMCA Architects Podas Consultant Projects Mounds View Oertel HKGI Design Tree HKGI RJM Ballard King $38,500 $750 Community CenterFairmount Architects Community Center MnDOT(Virginia) 1/31/2022 Apple Apple Valley-Parks&Recreation Valley N ext Ste ps • Council will be asked to approve consultants for park planning and recreation facility planning at this evenings regular meeting • Begin work in February, finish in July/August, 2022 • Council is asked to release an RFP for the Apple Valley Family Aquatics Center as a part of this evenings regular meeting • Council to award a contract at a future meeting • Staff to meet with ISD 196 (Athletic Directors/Administrators) 1/31/2022 Apple Apple Valley-Parks&Recreation valley QUESTIONS/COMMENTS 1/31/2022 Apple Apple Valley-Parks&Recreation 10 valley • ITEM: 4. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Informal Agenda Item Description: Discuss Police Chief Hiring Process (20 min.) Staff Contact: Department/ Division: Tom Lawell, City Administrator Administration Department ACTION REQUESTED: No formal action is requested at this time. Police Chief Jon Rechtzigel has announced his retirement from the Police Department effective March 31, 2022, and the purpose of the informal agenda item is to discuss with the City Council the preferred process for selecting his successor. SUMMARY: As you are all aware, Chief Rechtzigel has announced his retirement effective March 31, 2022. His departure after 34+ years with the department and nearly 10 years as Chief certainly represents a major change for the department. Chief Rechtzigel is to be commended for his many accomplishments within the department, and as his retirement date approaches we will formally recognize his many years of service. In the meantime, we must turn our attention to an important task—the hiring of a new Police Chief for the department. BACKGROUND: To help guide the discussion on February 10, attached please find a copy of the current position description for the Police Chief position. In addition, please find a copy of the Position Profile that was used when we last recruited for the position in 2012. Please review these documents and feel free to suggest any revisions you believe would be helpful in selecting our next Police Chief. Our Police Department is a point of pride in our community and we are fortunate to have a talented and dedicated group of men and women on the department who serve our residents remarkably well. We are also fortunate to have many accomplished command level officers within the department who are well-positioned to rise in the organization. To assure continued excellence in the provision of law enforcement in our community, staff looks forward to the discussion with the City Council to help guide the selection of our next Police Chief. BUDGET IMPACT: N/A ATTACHMENTS: Background Material Background Material Presentation City of Apple11 Valley POSITION DESCRIPTION TITLE: Police Chief PAY SCALE: Schedule Ill, Grade 240E REPORTS TO: City Administrator FLSA STATUS: Exempt DEPARTMENT: Police LOCATION: Law Enforcement Center UPDATED: March 2015 (Ref.#70) SUMMARY OF POSITION Responsible for planning, implementing and managing all activities of the police department, including but not limited to: preparing and recommending the department budget; providing background and informational data in written and oral form to the City Council on police, safety and emergency management issues; recommending and implementing public safety policies and procedures; and developing and directing a public safety program to prevent crimes, protect lives, enforce laws and ordinances, and maintain public order to provide the safest living environment possible for the citizens of the City of Apple Valley. Department head level position reporting to the City Administrator with accountability to the City Council. ESSENTIAL DUTIES AND RESPONSIBILITIES 1. Manages and directs all areas of public safety for the Police Department, including police patrol and investigation, enforcement of laws and ordinances, and records retention. 2. Supervises, develops, and evaluates police department personnel, including providing growth and training opportunities, employment recommendations, promotions, employee assignments, performance evaluations, and suspension/discharge recommendations. 3. Coordinates and collaborates with other city departments to ensure effective delivery of city services. 4. Prepares, monitors, and recommends to the City Administrator the operating and capital improvement budgets for all Police Department and emergency management functions. 5. Prepares and directs the preparation of periodic and/or special reports on departmental activities and operations. Keeps the City Administrator informed in a timely manner of significant activities. 6. Serves as the City's Emergency Management Director,working with other city, county, and state officials in developing emergency plans, including civil defense, major accidents, and natural disasters. 7. Designs and implements appropriate police procedures for the department in compliance with current and new legislation and/or court decisions and evaluates and supervises department activities to ensure that appropriate procedures are followed. 8. Plans, prepares, and presents new or revised Police Department policies, procedures, programs, and objectives to improve department services. Oversees implementation. 9. Directs and promotes community relations and develops a program of community safety awareness and crime prevention. 10. Communicates with general public, staff, officials, city employees, law enforcement agencies, community organizations, and the media. Makes effective oral and written presentations. 11. Receives, investigates, and resolves citizen complaints. 12. Performs other duties consistent with the tasks and responsibilities of the position as apparent or assigned. QUALIFICATIONS Minimum Requirements: • Bachelor's Degree in Criminal Justice, Police Administration, Public Administration, Business Administration, or related field. • Minimum of eight years of progressively responsible experience in administrative and supervisory roles in a professional law enforcement agency. • Must have a peace officer's license from Minnesota Police Officer Standards and Training Board (P.O.S.T.)or be eligible for licensure and obtain the license within 90 days of appointment. • Physical and psychological capabilities to function in a law enforcement capacity. • Demonstrated ability to effectively communicate in verbal and written form. • Ability to establish harmonious working relationships with diverse groups of individuals. • Demonstrated ability as an effective leader. • A thorough knowledge of principles and concepts of all phases of police administration. • Successful result of a background investigation and psychological examination. Preferred Qualifications: • Master's degree in related field and completion of advanced professional training. Working Conditions and Physical Requirements: • Work is performed primarily in a standard office environment. Frequent travel to various locations within the city as needed. • Ability to meet the physical requirements of the position, including near and far vision in reading work-related documents and using the computer, and acute hearing required when providing phone, transcription, and personal service. Ability to stoop, bend, kneel, crouch, reach, grip, and twist. • Ability to independently and repeatedly lift, move and carry objects weighing up to 25 pounds. CORE COMPETENCIES The core competencies were established by the City's leadership team and are considered to be the critical skills required of each employee who works for the City of Apple Valley. There are five competencies that relate to all positions, plus one additional competency for supervisors of people only. The core competencies are listed below, with behavior descriptions of meeting expectations in each competency. Customer Focus & Commitment Sees customers' problems as their problems; genuinely cares and works to resolve problems. Understands long-term customer needs. Strives to continuously improve customer satisfaction. Understands customer requirements and expectations and strives to meet them. Is tolerant with people and processes; listens and checks before acting. Is polite and courteous when dealing with customers. Trust & Ethical Dealings Conducts business in an ethical way. Performs all transactions honestly. Does what they say they will do. Follows through on commitments. Admits if they make a mistake. Maintains high ethical standards in everything they do. Is loyal to department members, supervisors and the organization. Interpersonal Skills Is easy to approach and talk to. Works to find common ground for the good of all. Builds constructive and effective relationships with peers and customers. Can diffuse high tension situations comfortably. Remains calm and concerned during crisis situations. Projects a friendly image when dealing with the public. Organizational Savvy Is sensitive to how the people within the government (city, state and federal) function. Navigates smoothly and effectively through political situations. Anticipates where the political land mines are and plans approach accordingly. Is frugal, lawful & ethical when spending taxpayer money. Can identify how their position impacts other departments, city government and the citizens of this community.Works well on a team and keeps others apprised of developments and potential developments that may impact them. Independent Self-Management Completes assigned work with little or no supervision. Holds self accountable for actions. Sees a job that needs to be done and does it. Pays attention to details and follows through on commitments. Follows department/city policies, guidelines and laws. People Management (for supervisors of people only) Communicates clear expectations for department and employees. Balances the needs of customers and employees. Provides clear direction. Brings out the best in team members. Encourages open communication. Helps team members plan for professional development. When coaching, points out things done well along with areas for improvement. Provides timely recognition to individuals and teams.Takes proactive action to address problem areas and concerns. Note: This description indicates, in general terms, the type and level of work performed as well as the typical responsibilities of employees in this classification. The duties described are not to be interpreted as all-inclusive to any specific employee.The City reserves the right to add, modify, change or rescind work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the position. w b City Apple Valley, MN Chief of Police Population 50,000 Position Profile Salary Range $87,000—$113,000 The City of Apple Valley is seeking an innovative, visionary leader to be their next Chief of Police. ,. Apple Valley is located in Dakota County in the southeastern Twin Cities metropolitan area. Apple I O I —� Valley has been named by Money Magazine as the �. �I 7y , ' 20th "Best Place to Live" in the United States and �/�. :--k-; �' —� also enjoys a triple A bond rating from Mood 's 6 .' •li' - . - • • Investor Services. Acclaimed as "� •••+ a great place to live, work and , .r`�:v •' �' •11 ill play, residents are proud of f': `- ;;,___ Apple`` their quality neighborhoods ,....- Valley and schools, central commercial district, conveniently located business parks, and abundant -- recreational opportunities. Apple Valley is within easy access of Interstate 35W and Interstate 35E. 'R ••i "'w r---. Cedar Avenue (TH77) connects the area across the Minnesota River to Interstate 494 and Highway 62. Minneapolis—St. Paul International Airport is located within a 15 minute drive. Apple Valley covers 17.5 square miles and is set in a diverse terrain. Hilly and rugged in the north, the area Plant : Grow : Prosper provides a very attractive setting for residential neighborhoods. smoi :;, - I jog _ _, _____ r.1 j , r.:' , Education/Health Care The Organization The Police Department Six elementary schools, three middle The City of Apple Valley is a statutory The Police Department has 62 total schools, and three high schools serve city with a Mayor and four City employees; including 48 sworn officers and area students. Apple Valley High School Councilmembers elected at-large to 14 non-sworn employees. The department and Eastview High School are nationally alternating four-year terms. is organized in two Divisions: recognized comprehensive high schools. The School of Environmental Studies was The professional staff is headed by the Patrol: Uniformed and responds to calls for recognized as a New American High City Administrator and a talented service. A Police Captain is responsible for School, one of the top 13 high schools in management team which includes the overseeing the Patrol Division, including: the United States. The Galaxie Library Assistant City Administrator, City Clerk, • Patrol Sergeants(7) provides full library services for all area Finance Director, Public Works Director, • Patrol Officers(28) residents and the Community Education Parks and Recreation Director, Police • Downtown Business District(1) program provides a variety of youth and Chief, Fire Chief, Community • School Resource Officers (3) adult programs beyond normal school Development Director, Human • Community Service Officers(4) PT hours. Residents have access to three Resources Manager and Liquor • Crime Prevention Specialist(1) major clinics, emergency services, a Operations Director. number of dentists, other health care One sergeant oversees and one patrol professionals and a major hospital is The city employs 185 full-time officer is assigned to the Neighborhood located minutes from downtown. employees. The 2012 city budget is Collaboration Officer Program (NCOP) that approximately$54 million. focuses on multi-family and rental housing. Recreation Department Culture Support Services: Supervised by a Captain who also provides support to the patrol The Apple Valley Police Department division. Functions include investigation strives to be a progressive, proactive, 7. and records. • •� - 1 - ,, _= community-centered force. The ranks ti • Investigations Sergeant(1) # are full of dedicated, well-educated, and • Detectives(5) ;� , _ 1E•, talented officers and staff. __ -. • Records Supervisor(1) The new Chief should be prepared to • Records Technicians(6 ) reach into the organization to seek • Records Assistant(1) PT The City of Apple Valley boasts four lakes and over 823 acres of parkland in 50 ideas on a shared vision, program • Property Clerk(1) PT locations. Over 100 ball fields, 58 miles implementation,and empowerment. of trails, playgrounds, tennis and One Detective is assigned to the Dakota volleyball courts, picnic facilities, outdoor County Drug Task Force. skating rinks, and athletic fields are found throughout the various parks. The Dispatch operations are provided in a city has several very active athletic county-wide facility operated by the Dakota � y+ Communications Center. associations providing youth programs .I for a wide variety of sports and activities. F ""' T� ;�, ,;� • • The department offers and participates in 1 Recreational facilities include the Apple • - ® a number of community-based outreach Valley Community Center, Redwood programs and has 99 neighborhood watch Community Center and Pool, Johnny groups. Cake Ridge Park Athletic Complex, Hayes Park Arena, Hayes Community and Police Department personnel In 2011 the department responded to over Senior Center, Teen Center, Apple Valley encourage open lines of communication 40,000 calls for service, investigated 3,400 Family Aquatic Center, and the 18-hole throughout all departments as a criminal offences, issued 7,500 traffic Valleywood golf course. mission-oriented City. citations,and made 200 DUI arrests. ...-- One of the most prominent recreational .e.01, facilities in Apple Valley is the 450-acre — _ Minnesota Zoo, ranked among the :- ' r nation's best zoos. The Zoo features - 2,700 creatures in natural habitat :f exhibits and a 600-seat IMAX Theater. The 2,000-acre Lebanon Hills Regional ,. Park, partially located in Apple Valley, offers hiking, horseback trails, camping, canoeing,fishing, and swimming. "1 "1•4. ' _•-- - --- ii - . _ , - a The Position Essential Functions Management Capabilities The Chief of Police is a Department Head • Manage and direct all areas of reporting to the City Administrator with The City is seeking a visionary Chief who accountability to the City Council. police services including police has excellent communication skills,will The Chief of Police oversees a growing, patrol and investigation, lead with transparency, and progressive, and community-involved enforcement of laws and demonstrates the highest degree of department that is responsive to the ordinances, police dispatching, and integrity. changing needs of its citizens. The Chief of records retention. The desired qualities of the next Chief Police is responsible for the management, include: direction, development, and accountability for all functions within the department. r • Ability to create a cohesive, Background/Experience supportive work environment. . • Ability to effect positive change. Qualified candidates for Police Chief will ; �.;;. ,.., W. tj 1 • Supports employee development and possess a Master's Degree in public safety • . _' .-- _, v training. administration or a related field and a } minimum of five years experience in a --- µ • Ability to communicate clearly and Y effectivelyorallyand in writing. supervisory position with two years at a � g senior command level. Advanced -_.0 • Ability to think and act strategically management training is also desirable. and take the organization into the Qualified candidates must be able to meet • Serve as the City's Civil Defense future. the physical requirements to perform the Director and supervise the • Ability to promote the department duties of the Police Chief position. emergency management services and the organization to the Candidates should be eligible for licensure function. community. from the Minnesota Police Officer Standard • Prepare and recommend the • Ability to listen and solicit input and Training Board (P.O.S.T.) Department budget to the City Specific qualifications include: ideas from staff with the ability and Administrator. Prepare and desire to carry the ideas out. • Career history of working up through the recommend Capital Improvement ranks to command experience. Programs and long-range plans for • Works cooperatively with the schools, • Understand the various components of the Police and Civil Defense businesses, and neighboring a public safety operation including Departments government agencies. Police, Fire,Ambulance, and Dispatch • Provide background and • Works closely with Fire and other City Center operations. informational data in written and Departments. • Strong background in personnel issues oral form to the Council on Police including labor union relations. and related issues. _ • Experience working in a growth • Recommend and implement public . - environment and familiarity with issues safety policies and procedures. _ ` related to a growingcommunity. J Y Develop and direct programs to (Suburban experience a plus) prevent crimes, protect lives, I ir, • , `'� - fi.. • Knowledge of Civil Defense and enforce laws and ordinances, and • , emergency management procedures. maintain the public order to provide e of technologya ,„ - • Knowledg e appropriate to a safe living environment. police operations. • Supervise and evaluate personnel • Knowledge of traffic issues, including within the Police Department speed enforcement and safety.A including employment background in providing education recommendations, performance programs in this area is desirable. evaluations, and employee - . _ • Good public speaking skills and clear discipline recommendations. . I written communication skills. • Prepare and present new or revised ;'• `�' • Experience working with a volunteer or Police Department policies, '- _ • ' paid-on-call Fire Department. procedures, programs, and ' .. operational plans to the City Administrator and City Council. • Mission Protecting Our Community and Improving Quality of Life Through Service, Education, and Enforcement POSITION PRIORITIES Conduct an assessment of Encourage the development of personnel department staff and evaluate ti� V,q • and the use of specialty operations. strengths and capacities of the �.y.� ,�, organization. Teri: 0 Get n a \ to wneighboring e a It work cooperatively h toorin advance publicdepartmnts safety Get to know the officers and staff ti is throughout the region. as individuals. t Build a team on the foundation of trust. Review current staffing to Albr POCK,;�► determine appropriate levels. Become an active voice for the Police Department in the community and within Develop a succession plan for the next 5 the organization. years. Introduce innovative ways to do police work using Work with the entire department to create a the talents of personnel and the benefits of vision for the department that aligns with the technology. goals and vision of the City. Announcement Police Chief; City of Apple Valley, MN (pop. 50,000). The City of Apple Valley is seeking a visionary leader to be the next Chief of Police. The City is an acclaimed Timetable great place to live, work and play. The Chief is a department head position appointed by the City April 23,2012 Council and reporting to the City Administrator. Responsible for managing a $8 million budget and Deadline for Applications supervising a staff of 61, with 48 sworn officers. May 7,2012 Qualified candidates must be eligible for P.O.S.T. Present Candidates certification, possess a Master's degree in public Selection of Finalists safety administration or related field and a minimum of five years experience in a supervisory position with two May 21,2012 years at a senior command level. Preferred experience First Round of Interviews includes knowledge of public safety related technology and participation in a variety of community outreach Late May/ Early June,2012 programs.The City is seeking a collaborative Chief who Second Round of Interviews has excellent communication skills, will lead with Council Appoints Chief transparency, and demonstrates the highest degree of integrity. Late June,2012 Send letter of interest and electronic resume by Start 4/23/12 to: ApplevalleyPC@brimgroup.com. Please direct questions to Richard Fursman at richardfursman@brimgroup.com or (651)204-0441. Position profile is available at www.brirrgroup.com. Drimeyer Fursman For more information about the City of Apple Valley, Executive Search I Strategies please visit www.cityofap_plevalley.org. Starting Salary Range: $87,000—$113,000 Discuss Police Chief Hiring Process February 10, 2022 • PPVallle Discussion Topics • Chief Rechtzigel Retirement Effective March 31, 2022 • Last Police Chief Recruitment Done in 2012 • Suggested Revisions to Update Job Description? • Suggested Revisions to Update Position Profile? • Recommendation for Internal Hiring Process • Establish Calendar for Hiring Process Duties, Responsibilities and Qualifications • Job Description • 12 Essential Duties and Responsibilities Outlined • Minimum Qualifications — BA Degree in Criminal Justice, Police Administration, Business Administration or Related Field • Minimum 8 Years of Progressively Responsible Experience • Peace Officer's License and Physical Capabilities • Effective Communicator Both Written and Verbal • Ability to Establish Harmonious Working Relationships with Diverse Groups of Individuals • Demonstrated Effective Leadership • Thorough Knowledge of Principles and Concepts of Police Administration Duties, Responsibilities and Qualifications • Core Competencies • Customer Focus and Commitment • Trust and Ethical Dealings • Interpersonal Skills • Organizational Savvy • Independent Self-Management • People Management Internal Hiring Process • Recommend an Internal Hiring Process • Police Department is a Point of Community Pride • Extremely Talented and Dedicated Group of Men and Women • Accomplished Command Level Officers Who Are Well- Positioned to Rise in the Organization Tentative P • osed Timeline Action Step 11"11 stimated Date Finalize Revisions to Job Description February 16 Finalize Revisions to Position Profile February 16 Advertise Position February 17 Deadline for Applications February 25 Application Review February 25 through March 4 Interviews March 9 through 11 Finalize Selection March 17 Approval at City Council Meeting March 24 ion Apple � � e Sheila Grabosky 7287 153rd St. W. Apple Valley, MN 55124 Why here tonight? Discuss 1) Consent to sign on Nov. 9, 2021 Participate in Opioid Settlement Agreement 2) No public forum to discuss the settlement agreement — positive and negative comments Burnsville? Only hold out in MN ALL CITIES/COUNTIES HAVE TO PARTICIPATE 3) If you received a copy of the Memorandum of Agreement, did you read the list of Opioid Remediation? Terms of Agreement? 4) In this room: someone has been affected by the Opioid Epidemic — know or know of someone addicted to opioids/alcohol 5) Opioid Epidemic — 2020 over 100,000 deaths by OUD's and SUD's — FAMILIAR WITH THE TERMS? SUD includes alcohol 6) Organizations have shared misinformation regarding OD's/deaths on prescription opioids — in 2019 only 10- 15% were Rx opioids — 7% were accidental deaths FACT: League of MN Cities Dave Unmacht — executive director, made a statement Dec. 9, 2021 in the Webinar presentation for spending settlement money (3:46) stated "prescriptions opioids account for the greatest number of overdose deaths in our state..." When AG Keith Ellingson spoke at the Webinar, he was clear that illegal fentanyl is driving the opioid epidemic. Illicit drugs: FROM THE CDC Fentanyl -from China and Mexico, Cocaine 1 in 5 deaths - Most of the increases in fentanyl deaths over the last three years do not involve prescription fentanyl but are related to illicitly-made fentanyl that is being mixed with or sold as heroin—with or without the users' knowledge and increasing as counterfeit pills. Fentanyl encounters do not distinguish between prescription fentanyl and illicitly made fentanyl, but illicitly made fentanyl has been reported as the primary driver for increases in both fentanyl encounters and fatal fentanyl-involved overdoses. . Synthetic Opioids — other than methadone 73% of deaths in 2019 . Heroin 1 in 4 deaths for every 100,000 Americans • Methamphetamine — is NOT an opioid, Deaths tripled over the 2015-2019 National Institute on Drug Abuse: Highly addictive central nervous system psychostimulant Man-made drug that can be smoked, snorted, injected, or orally ingested In some parts of the country, meth use poses an even greater threat than opioids. In 2017, about 15 percent of all drug overdose deaths involved the methamphetamine category, and 50 percent of those deaths also involved an opioid, with half of those cases related to the synthetic opioid fentanyl. OD's can bring on a stroke, heart attack or organ failure — not to mention death. . Psychostimulants (legal/illegal) such as Ecstasy ADHD medication use up 29% from 2018 to 2019 Over 50% of psychostimulant-related overdose deaths involved illicit opioids in 2018. . Polysubstance — more than 1 drug According to CDC — Nearly 85% of overdose deaths involved illicitly manufactured fentanyl, heroin, cocaine, or methamphetamine (alone or in combination) during January—June 2019. These drugs ladies and gentlemen ARE what is driving the Opioid Epidemic not prescription opioids 7) Memorandum of Agreement (MOA) Reporting Workgroup for city: due June 1, 2022 8) In Exhibit A: Uses for allocation of money over the course of Apple Valley $800,000 Aug. 1, 2022 over the course of 17 YEARS — roughly $47,058. 82/yr 9) Nowhere in Exhibit A: Monies allocated to support people with INTRACTABLE PAIN 10) Why I am here tonight: Do I look "normal" to you? Suffer from intractable pain — no cure, unfixable TOS — 1% of population, no cure (syndrome), nerve damage from undiagnosed 5 yrs Opioids — quality of life (such as standing here before you tonight) Stigmatism that comes from need analgesic opioid medication: One example: City Council office asking to be put on the agenda to talk about opioids. Left a note, but who calls me the next day? Apple Valley police dept. Officer Dalstrom — why? Because I was inquiring about the topic of opioids. Many intractable pain patients are afraid to speak up and openly about their medications for fear of losing their access to their medications. 11) Allocate a percentage of the settlement for people with intractable pain: Support nonprofit Intractable Pain support group(s) in Apple Valley Outreach program to support Intractable Pain Patients when encountering. issues obtaining their LEGALLY prescribed opioid(s) Offer free safes to keep their opioids safe from theft Asking City Council members to support the up-and- coming revision of the MN Intractable Pain Statute 152.25 and 152.26 sponsored by Representative Bierman and Senator Greg Clausen 12) Intractable Pain patients: Asking AV City Council to hold an open meeting to discuss the issues and understand Intractable Pain Patients struggle with obtaining their legally prescribed opioids: • Available modalities instead to reduce the number of opioids needed to obtain a quality of life • Insurance issues to cover other modalities • PDMP threats from MN DHS and DEA • How specialists such as pain management are threatened and have forced tapering and discontinuation of prescription opioids * How MN DHS is overstepping the CDC Guidelines by implementing their own guidelines written by Addiction Specialists, professionals who have addicted family member or are addicts themselves, AND had EXCLUDED members of the pain profession such as doctors and/or PA's or Nurse Practitioners • Use evidence-based research to spend the settlement money to not only save lives but improve the lives of those who need opioids to obtain a quality of life. Take care of the community of Apple Valley as a "whole" — not just selected groups. Thank you for your time and listening — if you have any questions, I will be happy to talk to you openly. Sheila Grabosky 1 MINNESOTA STATUTES 2021 152.125 152.125 INTRACTABLE PAIN. Subdivision 1.Definition.For purposes of this section, "intractable pain" means a pain state in which the cause of the pain cannot be removed or otherwise treated with the consent of the patient and in which, in the generally accepted course of medical practice,no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts.Reasonable efforts for relieving or curing the cause of the pain may be determined on the basis of,but are not limited to,the following: (1)when treating a nonterminally ill patient for intractable pain, evaluation by the attending physician and one or more physicians specializing in pain medicine or the treatment of the area, system, or organ of the body perceived as the source of the pain; or (2)when treating a terminally ill patient,evaluation by the attending physician who does so in accordance with the level of care,skill,and treatment that would be recognized by a reasonably prudent physician under similar conditions and circumstances. Subd. 2. Prescription and administration of controlled substances for intractable pain.Notwithstanding any other provision of this chapter,a physician may prescribe or administer a controlled substance in Schedules II to V of section 152.02 to an individual in the course of the physician's treatment of the individual for a diagnosed condition causing intractable pain. No physician shall be subject to disciplinary action by the Board of Medical Practice for appropriately prescribing or administering a controlled substance in Schedules II to V of section 152.02 in the course of treatment of an individual for intractable pain,provided the physician keeps accurate records of the purpose,use,prescription,and disposal of controlled substances,writes accurate prescriptions, and prescribes medications in conformance with chapter 147. Subd. 3. Limits on applicability.This section does not apply to: (1)a physician's treatment of an individual for chemical dependency resulting from the use of controlled substances in Schedules II to V of section 152.02; (2)the prescription or administration of controlled substances in Schedules II to V of section 152.02 to an individual whom the physician knows to be using the controlled substances for nontherapeutic purposes; (3)the prescription or administration of controlled substances in Schedules II to V of section 152.02 for the purpose of terminating the life of an individual having intractable pain; or (4) the prescription or administration of a controlled substance in Schedules II to V of section 152.02 that is not a controlled substance approved by the United States Food and Drug Administration for pain relief. Subd.4. Notice of risks.Prior to treating an individual for intractable pain in accordance with subdivision 2,a physician shall discuss with the individual the risks associated with the controlled substances in Schedules II to V of section 152.02 to be prescribed or administered in the course of the physician's treatment of an individual, and document the discussion in the individual's record. History: 1997 c 124 s 1 Official Publication of the State of Minnesota Revisor of Statutes 1 MINNESOTA STATUTES 2021 152.125 152.125 INTRACTABLE PAIN. Subdivision 1.Definition.For purposes of this section, "intractable pain" means a pain state in which the cause of the pain cannot be removed or otherwise treated with the consent of the patient and in which, in the generally accepted course of medical practice,no relief or cure of the cause of the pain is possible,or none has been found after reasonable efforts.Reasonable efforts for relieving or curing the cause of the pain may be determined on the basis of,but are not limited to,the following: (1) when treating a nonterminally ill patient for intractable pain, evaluation by the attending physician and one or more physicians specializing in pain medicine or the treatment of the area, system, or organ of the body perceived as the source of the pain; or (2)when treating a terminally ill patient,evaluation by the attending physician who does so in accordance with the level of care,skill,and treatment that would be recognized by a reasonably prudent physician under similar conditions and circumstances. Subd. 2. Prescription and administration of controlled substances for intractable pain.Notwithstanding any other provision of this chapter,a physician may prescribe or administer a controlled substance in Schedules II to V of section 152.02 to an individual in the course of the physician's treatment of the individual for a diagnosed condition causing intractable pain. No physician shall be subject to disciplinary action by the Board of Medical Practice for appropriately prescribing or administering a controlled substance in Schedules II to V of section 152.02 in the course of treatment of an individual for intractable pain,provided the physician keeps accurate records of the purpose,use,prescription,and disposal of controlled substances, wines aeeuiale pieseliplious, and piesciibes medications in conformance with chapter 147. Subd. 3. Limits on applicability.This section does not apply to: (1)a physician's treatment of an individual for chemical dependency resulting from the use of controlled substances in Schedules II to V of section 152.02; (2)the prescription or administration of controlled substances in Schedules II to V of section 152.02 to an individual whom the physician knows to be using the controlled substances for nontherapeutic purposes; (3)the prescription or administration of controlled substances in Schedules II to V of section 152.02 for the purpose of terminating the life of an individual having intractable pain; or (4) the prescription or administration of a controlled substance in Schedules II to V of section 152.02 that is not a controlled substance approved by the United States Food and Drug Administration for pain relief. Subd.4.Notice of risks.Prior to treating an individual for intractable pain in accordance with subdivision 2,a physician shall discuss with the individual the risks associated with the controlled substances in Schedules II to V of section 152.02 to be prescribed or administered in the course of the physician's treatment of an individual, and document the discussion in the individual's record. History: 1997 c 124 s 1 Official Publication of the State of Minnesota Revisor of Statutes 1 MINNESOTA STATUTES 2021 152.12 152.12 HEALTH CARE PROVIDERS MAY PRESCRIBE. Subdivision 1. Prescribing,dispensing,administering controlled substances in Schedules II through V.A licensed doctor of medicine, a doctor of osteopathic medicine, duly licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a licensed doctor of podiatry, a licensed advanced practice registered nurse,a licensed physician assistant,or a licensed doctor of optometry limited to Schedules IV and V,and in the course of professional practice only,may prescribe,administer,and dispense a controlled substance included in Schedules II through V of section 152.02,may cause the same to be administered by a nurse, an intern or an assistant under the direction and supervision of the doctor, and may cause a person who is an appropriately certified and Licensed health care professional to prescribe and administer the same within the expressed legal scope of the persons practice as defined in Minnesota Statutes. Subd. 2. Doctor of veterinary medicine.A licensed doctor of veterinary medicine, in good faith, and in the course of professional practice only, and not for use by a human being, may prescribe, administer, and dispense a controlled substance included in Schedules II through V of section 152.02, and may cause the same to be administered by an assistant under the direction and supervision of the doctor. Subd. 3. Research project use of controlled substances.Any qualified person may use controlled substances in the course of a bona fide research project but cannot administer or dispense such drugs to human beings unless such drugs are prescribed,dispensed and administered by a person lawfully authorized to do so. Every person who engages in research involving the use of such substances shall apply annually for registration by the state Board of Pharmacy and shall pay any applicable fee specified in section 151.065, provided that such registration shall not be required if the person is covered by and has complied with federal laws covering such research projects. Subd. 4. Sale of controlled substances not prohibited for certain persons and entities.Nothing in this chapter shall prohibit the sale to, or the possession of, a controlled substance in Schedule 11, III, IV or V by;Registered drug wholesalers,registered manufacturers,registered pharmacies,or any licensed hospital or other licensed institutions wherein sick and injured persons are cared for or treated,or bona fide hospitals wherein animals are treated;or by licensed pharmacists,licensed doctors of medicine,doctors of osteopathic medicine duly licensed to practice medicine, licensed doctors of dental surgery, licensed doctors of dental medicine, licensed doctors of podiatry, licensed doctors of optometry limited to Schedules IV and V, or licensed doctors of veterinary medicine when such practitioners use controlled substances within the course of their professional practice only. Nothing in this chapter shall prohibit the possession of a controlled substance in Schedule II,III, IV or V by an employee or agent of a registered drug wholesaler,registered manufacturer,or registered pharmacy, while acting in the course of employment;by a patient of a licensed doctor of medicine,a doctor of osteopathic medicine duly licensed to practice medicine,a licensed doctor of dental surgery,a licensed doctor of dental medicine, or a licensed doctor of optometry limited to Schedules IV and V; or by the owner of an animal for which a controlled substance has been prescribed by a licensed doctor of veterinary medicine,when such controlled substances are dispensed according to law. Subd.5.Analytical laboratory not prohibited from providing anonymous analysis service.Nothing in this chapter shall prohibit an analytical laboratory from conducting an anonymous analysis service when such laboratory is registered by the Federal Drug Enforcement Administration,nor prohibit the possession Official Publication of the State of Minnesota Revisor of Statutes • 152.12 MINNESOTA STATUTES 2021 2 of a controlled substance by an employee or agent of such analytical laboratory while acting in the course of employment. History: (3906-15) 1939 c 102 s 5; 1967 c 408 s 8; 1971 c 937 s 16; 1973 c 693 s 8,9; 1974 c 369 s 2; 1986 c 444;1988c440s3;2003 c 62 s 9,10; 1Sp2011 c9 art 5s27;2014c235s39;2016c119s7;2020 c 115 art2s 27 Official Publication of the State of Minnesota Revisor of Statutes 1 MINNESOTA STATUTES 2021 152.126 152.126 PRESCRIPTION MONITORING PROGRAM. Subdivision 1. Definitions. (a) For purposes of this section,the terms defined in this subdivision have the meanings given. (b) "Board" means the Minnesota State Board of Pharmacy established under chapter 151. (c) "Controlled substances" means those substances listed in section 152.02, subdivisions 3 to 6, and those substances defined by the board pursuant to section 152.02,subdivisions 7,8,and 12.For the purposes of this section, controlled substances includes butalbital and gabapentin. (d) "Dispense" or "dispensing" has the meaning given in section 151.01, subdivision 30. Dispensing does not include the direct administering of a controlled substance to a patient by a licensed health care professional. (e)"Dispenser"means a person authorized by law to dispense a controlled substance,pursuant to a valid prescription.For the purposes of this section,a dispenser does not include a licensed hospital pharmacy that distributes controlled substances for inpatient hospital care or a veterinarian who is dispensing prescriptions under section 156.18. (f) "Prescriber" means a licensed health care professional who is authorized to prescribe a controlled substance under section 152.12, subdivision 1 or 2. (g) "Prescription"has the meaning given in section 151.01, subdivision 16a. Subd. la. Treatment of intractable pain.This section is not intended to limit or interfere with the legitimate prescribing of controlled substances for pain.No prescriber shall be subject to disciplinary action by a health-related licensing board for prescribing a controlled substance according to the provisions of section 152.125. Subd. 2. Prescription electronic reporting system. (a) The board shall establish by January 1, 2010, an electronic system for reporting the information required under subdivision 4 for all controlled substances dispensed within the state. (b)The board may contract with a vendor for the purpose of obtaining technical assistance in the design, implementation, operation, and maintenance of the electronic reporting system. Subd. 3. Prescription Monitoring Program Advisory Task Force. (a) The board shall appoint an advisory task force consisting of at least one representative of: (1)the Department of Health; (2) the Department of Human Services; (3) each health-related licensing board that licenses prescribers; (4) a professional medical association, which may include an association of pain management and chemical dependency specialists; (5) a professional pharmacy association; (6) a professional nursing association; (7) a professional dental association; Official Publication of the State of Minnesota Revisor of Statutes 152.126 MINNESOTA STATUTES 2021 2 (8) a consumer privacy or security advocate; (9) a consumer or patient rights organization; and (10) an association of medical examiners and coroners. (b)The advisory task force shall advise the board on the development and operation of the prescription monitoring program, including,but not limited to: (1)technical standards for electronic prescription drug reporting; (2)proper analysis and interpretation of prescription monitoring data; (3) an evaluation process for the program; and (4)criteria for the unsolicited provision of prescription monitoring data by the board to prescribers and dispensers. (c) The task force is governed by section 15.059. Notwithstanding any other provisions of law to the contrary,the task force shall not expire. Subd. 4.Reporting requirements; notice. (a) Each dispenser must submit the following data to the board or its designated vendor: (1) name of the prescriber; (2) national provider identifier of the prescriber; (3)name of the dispenser; (4)national provider identifier of the dispenser; (5)prescription number; (6)name of the patient for whom the prescription was written; (7) address of the patient for whom the prescription was written; (8) date of birth of the patient for whom the prescription was written: (9) date the prescription was written; (10) date the prescription was filled; (11)name and strength of the controlled substance; (12) quantity of controlled substance prescribed; (13) quantity of controlled substance dispensed: and (14)number of days supply. (b) The dispenser must submit the required information by a procedure and in a format established by the board.The board may allow dispensers to omit data listed in this subdivision or may require the submission of data not listed in this subdivision provided the omission or submission is necessary for the purpose of complying with the electronic reporting or data transmission standards of the American Society for Automation Official Publication of the State of Minnesota Revisor of Statutes 3 MINNESOTA STATUTES 2021 152.126 in Pharmacy,the National Council on Prescription Drug Programs,or other relevant national standard-setting body. (c)A dispenser is not required to submit this data for those controlled substance prescriptions dispensed for: (1) individuals residing in a health care facility as defined in section 151.58, subdivision 2,paragraph (b),when a drug is distributed through the use of an automated drug distribution system according to section 151.58; and (2)individuals receiving a drug sample that was packaged by a manufacturer and provided to the dispenser for dispensing as a professional sample pursuant to Code of Federal Regulations,title 21,part 203,subpart D. (d)A dispenser must provide to the patient for whom the prescription was written a conspicuous notice of the reporting requirements of this section and notice that the information may be used for program administration purposes. Subd. 5. Use of data by board. (a)The board shall develop and maintain a database of the data reported under subdivision 4. The board shall maintain data that could identify an individual prescriber or dispenser in encrypted form.Except as otherwise allowed under subdivision 6,the database may be used by permissible users identified under subdivision 6 for the identification of: (1) individuals receiving prescriptions for controlled substances from prescribers who subsequently obtain controlled substances from dispensers in quantities or with a frequency inconsistent with generally recognized standards of use for those controlled substances, including standards accepted by national and international pain management associations; and (2) individuals presenting forged or otherwise false or altered prescriptions for controlled substances to dispensers. (b)No permissible user identified under subdivision 6 may access the database for the sole purpose of identifying prescribers of controlled substances for unusual or excessive prescribing patterns without a valid search warrant or court order. (c)No personnel of a state or federal occupational licensing board or agency may access the database for the purpose of obtaining information to be used to initiate a disciplinary action against a prescriber. (d)Data reported under subdivision 4 shall be made available to permissible users for a 12-month period beginning the day the data was received and ending 12 months from the last day of the month in which the data was received,except that permissible users defined in subdivision 6,paragraph(b),clauses(6)and(7), may use all data collected under this section for the purposes of administering, operating, and maintaining the prescription monitoring program and conducting trend analyses and other studies necessary to evaluate the effectiveness of the program. (e) Data reported during the period January 1, 2015, through December 31, 2018, may be retained through December 31,2019,in an identifiable manner.Effective January 1,2020,data older than 24 months must be destroyed. Data reported on or after January 1, 2020, must be destroyed no later than 12 months from the date the data was received. Official Publication of the State of Minnesota Revisor of Statutes 152.126 MINNESOTA STATUTES 2021 4 Subd. 6.Access to reporting system data. (a)Except as indicated in this subdivision,the data submitted to the board under subdivision 4 is private data on individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure. (b) Except as specified in subdivision 5, the following persons shall be considered permissible users and may access the data submitted under subdivision 4 in the same or similar manner, and for the same or similar purposes, as those persons who are authorized to access similar private data on individuals under federal and state law: (1)a prescriber or an agent or employee of the prescriber to whom the prescriber has delegated the task of accessing the data, to the extent the information relates specifically to a current patient, to whom the prescriber is: (i)prescribing or considering prescribing any controlled substance; (ii)providing emergency medical treatment for which access to the data may be necessary; (iii)providing care, and the prescriber has reason to believe,based on clinically valid indications, that the patient is potentially abusing a controlled substance; or (iv) providing other medical treatment for which access to the data may be necessary for a clinically valid purpose and the patient has consented to access to the submitted data, and with the provision that the prescriber remains responsible for the use or misuse of data accessed by a delegated agent or employee; (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has delegated the task of accessing the data, to the extent the information relates specifically to a current patient to whom that dispenser is dispensing or considering dispensing any controlled substance and with the provision that the dispenser remains responsible for the use or misuse of data accessed by a delegated agent or employee; (3) a licensed pharmacist who is providing pharmaceutical care for which access to the data may be necessary to the extent that the information relates specifically to a current patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has consented to access to the submitted data; or(ii) if the pharmacist is consulted by a prescriber who is requesting data in accordance with clause (1); (4)an individual who is the recipient of a controlled substance prescription for which data was submitted under subdivision 4, or a guardian of the individual, parent or guardian of a minor, or health care agent of the individual acting under a health care directive under chapter 145C. For purposes of this clause, access by individuals includes persons in the definition of an individual under section 13.02; (5)personnel or designees of a health-related licensing board listed in section 214.01, subdivision 2, or of the Emergency Medical Services Regulatory Board, assigned to conduct a bona fide investigation of a complaint received by that board that alleges that a specific licensee is impaired by use of a drug for which data is collected under subdivision 4, has engaged in activity that would constitute a crime as defined in section 152.025, or has engaged in the behavior specified in subdivision 5,paragraph(a); (6) personnel of the board engaged in the collection, review, and analysis of controlled substance prescription information as part of the assigned duties and responsibilities under this section; (7)authorized personnel of a vendor under contract with the state of Minnesota who are engaged in the design, implementation, operation, and maintenance of the prescription monitoring program as part of the assigned duties and responsibilities of their employment, provided that access to data is limited to the Official Publication of the State of Minnesota Revisor of Statutes 5 MINNESOTA STATUTES 2021 152.126 minimum amount necessary to carry out such duties and responsibilities, and subject to the requirement of de-identification and time limit on retention of data specified in subdivision 5,paragraphs (d) and(e); (8) federal, state, and local law enforcement authorities acting pursuant to a valid search warrant; (9)personnel of the Minnesota health care programs assigned to use the data collected under this section to identify and manage recipients whose usage of controlled substances may warrant restriction to a single primary care provider,a single outpatient pharmacy, and a single hospital; (10)personnel of the Depai tuient of Human Services assigned to access the data pursuant to paragraph (k); (11) personnel of the health professionals services program established under section 214.31, to the extent that the information relates specifically to an individual who is currently enrolled in and being monitored by the program,and the individual consents to access to that information.The health professionals services program personnel shall not provide this data to a health-related licensing board or the Emergency Medical Services Regulatory Board, except as permitted under section 214.33, subdivision 3; and (12) personnel or designees of a health-related licensing board listed in section 214.01, subdivision 2, assigned to conduct a bona fide investigation of a complaint received by that board that alleges that a specific licensee is inappropriately prescribing controlled substances as defined in this section. (c)By July 1,2017,every prescriber licensed by a health-related licensing board listed in section 214.01, subdivision 2,practicing within this state who is authorized to prescribe controlled substances for humans and who holds a current registration issued by the federal Drug Enforcement Administration, and every pharmacist licensed by the board and practicing within the state, shall register and maintain a user account with the prescription monitoring program. Data submitted by a prescriber, pharmacist, or their delegate during the registration application process, other than their name, license number, and license type, is classified as private pursuant to section 13.02, subdivision 12. (d)Notwithstanding paragraph(b),beginning January 1,2021, a prescriber or an agent or employee of the prescriber to whom the prescriber has delegated the task of accessing the data, must access the data submitted under subdivision 4 to the extent the information relates specifically to the patient: (1)before the prescriber issues an initial prescription order for a Schedules 1I through IV opiate controlled substance to the patient; and (2) at least once every three months for patients receiving an opiate for treatment of chronic pain or participating in medically assisted treatment for an opioid addiction. (e) Paragraph(d) does not apply if: (1)the patient is receiving palliative care, or hospice or other end-of-life care; (2) the patient is being treated for pain due to cancer or the treatment of cancer; (3) the prescription order is for a number of doses that is intended to last the patient five days or less and is not subject to a refill; (4)the prescriber and patient have a current or ongoing provider/patient relationship of a duration longer than one year; Official Publication of the State of Minnesota Revisor of Statutes 152.126 MINNESOTA STATUTES 2021 6 (5)the prescription order is issued within 14 days following surgery or three days following oral surgery or follows the prescribing protocols established under the opioid prescribing improvement program under section 256B.0638; (6) the controlled substance is prescribed or administered to a patient who is admitted to an inpatient hospital; (7) the controlled substance is lawfully administered by injection, ingestion, or any other means to the patient by the prescriber, a pharmacist, or by the patient at the direction of a prescriber and in the presence of the prescriber or pharmacist; (8)due to a medical emergency,it is not possible for the prescriber to review the data before the prescriber issues the prescription order for the patient; or (9) the prescriber is unable to access the data due to operational or other technological failure of the program so long as the prescriber reports the failure to the board. (f) Only permissible users identified in paragraph(b), clauses (1), (2), (3), (6), (7), (9), and (10), may directly access the data electronically.No other permissible users may directly access the data electronically. If the data is directly accessed electronically, the permissible user shall implement and maintain a comprehensive information security program that contains administrative,technical,and physical safeguards that are appropriate to the user's size and complexity,and the sensitivity of the personal information obtained. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality,and integrity of personal information that could result in the unauthonzed disclosure,misuse, or other compromise of the information and assess the sufficiency of any safeguards in place to control the risks. (g) The board shall not release data submitted under subdivision 4 unless it is provided with evidence, satisfactory to the board,that the person requesting the information is entitled to receive the data. (h)The board shall maintain a log of all persons who access the data for a period of at least three years and shall ensure that any permissible user complies with paragraph(c)prior to attaining direct access to the data. (i)Section 13.05,subdivision 6,shall apply to any contract the board enters into pursuant to subdivision 2. A vendor shall not use data collected under this section for any purpose not specified in this section. (j) The board may participate in an interstate prescription monitoring program data exchange system provided that permissible users in other states have access to the data only as allowed under this section, and that section 13.05, subdivision 6, applies to any contract or memorandum of understanding that the board enters into under this paragraph. (k) With available appropriations, the commissioner of human services shall establish and implement a system through which the Department of Human Services shall routinely access the data for the purpose of determining whether any client enrolled in an opioid treatment program licensed according to chapter 245A has been prescribed or dispensed a controlled substance in addition to that administered or dispensed by the opioid treatment program.When the commissioner determines there have been multiple prescribers or multiple prescriptions of controlled substances,the commissioner shall: (1)inform the medical director of the opioid treatment program only that the commissioner determined the existence of multiple prescribers or multiple prescriptions of controlled substances; and Official Publication of the State of Minnesota Revisor of Statutes 7 MINNESOTA STATUTES 2021 152.126 (2) direct the medical director of the opioid treatment program to access the data directly, review the effect of the multiple prescribers or multiple prescriptions, and document the review. If determined necessary,the commissioner of human services shall seek a federal waiver of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section 2.34, paragraph (c), prior to implementing this paragraph. (1)The board shall review the data submitted under subdivision 4 on at least a quarterly basis and shall establish criteria, in consultation with the advisory task force, for referring information about a patient to prescribers and dispensers who prescribed or dispensed the prescriptions in question if the criteria are met. (m) The board shall conduct random audits, on at least a quarterly basis, of electronic access by permissible users, as identified in paragraph (b), clauses (1), (2), (3), (6), (7), (9), and (10), to the data in subdivision 4,to ensure compliance with permissible use as defined in this section.A permissible user whose account has been selected for a random audit shall respond to an inquiry by the board,no later than 30 days after receipt of notice that an audit is being conducted.Failure to respond may result in deactivation of access to the electronic system and referral to the appropriate health licensing board,or the commissioner of human services, for further action. The board shall report the results of random audits to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance and government data practices. (n)A permissible user who has delegated the task of accessing the data in subdivision 4 to an agent or employee shall audit the use of the electronic system by delegated agents or employees on at least a quarterly basis to ensure compliance with permissible use as defined in this section. When a delegated agent or employee has been identified as inappropriately accessing data, the permissible user must immediately remove access for that individual and notify the board within seven days.The board shall notify all permissible users associated with the delegated agent or employee of the alleged violation. (o) A permissible user who delegates access to the data submitted under subdivision 4 to an agent or employee shall terminate that individual's access to the data within three business days of the agent or employee leaving employment with the permissible user.The board may conduct random audits to determine compliance with this requirement. Subd. 7.Disciplinary action. (a)A dispenser who knowingly fails to submit data to the board as required under this section is subject to disciplinary action by the appropriate health-related licensing board. (b)A prescriber or dispenser authorized to access the data who knowingly discloses the data in violation of state or federal laws relating to the privacy of health care data shall be subject to disciplinary action by the appropriate health-related licensing board, and appropriate civil penalties. (c) A prescriber or dispenser authorized to access the data who fails to comply with subdivision 6, paragraph(1)or(m),shall be subject to disciplinary action by the appropriate health-related licensing board. Subd. 8. [Repealed by amendment, 2014 c 291 art 2 s 3] Subd. 9.Immunity from liability;no requirement to obtain information.(a)A pharmacist,prescriber, or other dispenser making a report to the program in good faith under this section is immune from any civil, criminal, or administrative liability,which might otherwise be incurred or imposed as a result of the report, or on the basis that the pharmacist or prescriber did or did not seek or obtain or use information from the program. Official Publication of the State of Minnesota Revisor of Statutes 152.126 MINNESOTA STATUTES 2021 8 (b)Nothing in this section shall require a pharmacist,prescriber,or other dispenser to obtain information about a patient from the program,and the pharmacist,prescriber, or other dispenser, if acting in good faith, is immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for requesting,receiving, or using information from the program. • Subd. 10.Funding. (a) The board may seek grants and private funds from nonprofit charitable foundations,the federal government,and other sources to fund the enhancement and ongoing operations of the prescription monitoring program established under this section.Any funds received shall be appropriated to the board for this purpose.The board may not expend funds to enhance the program in a way that conflicts with this section without seeking approval from the legislature. (b)Notwithstanding any other section, the administrative services unit for the health-related licensing boards shall apportion between the Board of Medical Practice,the Board of Nursing,the Board of Dentistry, the Board of Podiatric Medicine,the Board of Optometry,the Board of Veterinary Medicine,and the Board of Pharmacy an amount to be paid through fees by each respective board. The amount apportioned to each board shall equal each board's share of the annual appropriation to the Board of Pharmacy from the state government special revenue fund for operating the prescription monitoring program under this section.Each board's apportioned share shall be based on the number of prescribers or dispensers that each board identified in this paragraph licenses as a percentage of the total number of prescribers and dispensers licensed collectively by these boards.Each respective board may adjust the fees that the boards are required to collect to compensate for the amount apportioned to each board by the administrative services unit. Subd. 11. Patient information on record access.A patient who has been prescribed a controlled substance may access the prescription monitoring program database in order to obtain information on access by permissible users to the patient's data record, including the name and organizational affiliation of the permissible user and the date of access. In order to obtain this information, the patient must complete, notarize,and submit a request form developed by the board.The board shall make this form available to the public on the board's website. History: 2007 c 147 art 11 s 7; 2008 c 321 s 7; 2009 c 79 art 11 s 9-11; 1Sp2010 c 1 art 19 s 3;2013 c 113 art 3 s 3;2014 c 275 art 1 s 32; 2014 c 286 art 7 s 4,13; art 8 s 39;2014 c 291 art 2 s 3;2016 c 185 s 1-5; 2019 c 63 art 2 s 9; 1Sp2019 c 9 art 10 s 49-51; 2020 c 83 art 1 s 44 Official Publication of the State of Minnesota Revisor of Statutes • ITEM: 4.A. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Approve Minutes of January 27, 2022, Regular Meeting Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve the minutes of the regular meeting of January 27, 2022. SUMMARY: The minutes from the last regular City Council meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 27, 2022, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Carlson, Police Captain Francis, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes - 5 -Nays - 0. AUDIENCE Mayor Hooppaw asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Mayor Hooppaw asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Grendahl, seconded by Melander approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Melander, approving the minutes of the regular meeting of January 13, 2022, as written. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to 1776 American Legion Riders, for use on March 26, 2022, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Page 2 MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2022-13 setting a public hearing, at 7:00 p.m., on February 24, 2022, on the application for On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by AV Hospitality SBC. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the reduction of financial guarantees for Orchard Place 2nd Addition from $400,000.00 to $355,315.00 and Orchard Place Storm Water Improvements from $400,000.00 to $50,000.00, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the permit to move overweight structure on City streets on February 22, 2022, as described in the Public Works Director's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2022-14 approving an 8-foot setback variance (from 40 ft. to 32 ft.) from Galaxie Avenue on Lot 8, Block 1, Tempo Estates (12889 Forest Court) for a 624 sq. ft. detached garage, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the two-year agreement for Project 2022-125, Supply 72"Mowers for Lease,with MN Ag Power, Inc., in the amount of$76,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2022-15 accepting base bid and alternates 2, 3, 4, 5, 6, 8, and 9, and awarding the agreement for Project 2022-124, Valleywood Golf Course Improvements and Irrigation System, to Liebold Irrigation, Inc., the lowest responsible bidder, in the amount of $2,095,778.00. Ayes -4 -Nays - 0 - Abstain - 1 (Grendahl). MOTION: of Grendahl, seconded by Melander, approving the Joint Powers Agreement with the City of Rosemount and Dakota County for Law Enforcement and Community Services Coordinated Response Pilot, as attached to the Police Captain's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving Change Order No. 1 to the agreement with B&B Commercial Coatings, LLC, with a deduction of$375.00; and accepting Project 2021-142, 2021 Hydrant Reconditioning and Painting, as complete and authorizing final payment in the amount of$5,750.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the Agreement for 2022 City Newsletter Printing and Mailing with Johnson Litho Graphics of Eau Claire, Ltd., in the amount of$23,995.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Page 3 MOTION: of Grendahl, seconded by Melander, accepting Project 2021-105, 2021 Street Improvements, as complete and authorizing final payment on the agreement with McNamara Contracting, Inc., in the amount of$105,403.65. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2022-16 amending the 2022 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the personnel actions as listed in the Personnel Report dated January 27, 2022. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, to pay the claims and bills, check registers dated January 5, 2022, in the amount of$1,035,331.69; and January 12, 2022, in the amount of$2,644,455.62. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA APPLE VALLEY INDUSTRIAL - OPUS DEVELOPMENT - ORDINANCE AMENDMENT Mr. Sharpe reviewed the request by Opus Development Company, LLC, for site plan/building permit authorization to construct a 112,170 sq. ft. industrial building at the northwest corner of Johnny Cake Ridge Road and 147th Street W. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2022-17 approving the site plan and authorizing issuance of a building permit to allow construction of a 112,170 sq. ft. industrial building on Outlot A, Karamella Addition, subject to conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. U-HAUL APPLE VALLEY Mr. Sharpe reviewed the request by U-Haul Apple Valley to rezone property located at 6895 151 st Street W. from"PD-254, Zone 1"to "PD-254, Zone 2" and amend"PD-254, Zone 2"to allow Self-Storage Facilities as a permitted use and to increase the total building coverage from 30%to 40%; a Conditional Use Permit for exterior storage of rental vehicles and trailers; and a site plan/building permit authorization for a 12,230 sq. ft. building addition. The Planning Commission reviewed this item on January 5, 2022, and unanimously recommended approval. Councilmember Grendahl asked for additional information regarding the colored banding at the top of the building. Mr. Sharpe responded that the Planning Commission added a condition to include U-Haul's signature orange banding on the top of the new building so it was consistent with the existing building. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Page 4 Mr. Ryan Anderson, from ISG, said it is U-Haul's preference not to install the orange banding on the new structure. He added that the orange banding on the existing building may be removed during a future renovation. Discussion followed. MOTION: of Melander, seconded by Grendahl, waiving the requirement for a second reading and passing Ordinance No. 1105 rezoning Lot 1, Block 1, U Haul Apple Valley Addition (6895 151st Street W.) from"PD-254, Zone 1"to "PD-254, Zone 2" and amending "PD-254, Zone 2"to allow Self-Storage Facilities as a permitted use and to increase the total building coverage to 40%. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2022-18 approving a Conditional Use Permit to allow exterior storage of rental vehicles and trailers on Lot 1, Block 1, U Haul Apple Valley Addition(6895 151st Street W.), for U-Haul Apple Valley, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - O. Councilmember Goodwin offered a motion adopting the resolution approving the site plan and authorizing issuance of a building permit to allow construction of a 12,230 sq. ft. building addition on Lot 1, Block 1, U Haul Apple Valley Addition (6895 151st Street W.), subject to conditions as recommended by the Planning Commission,which died for lack of a second. MOTION: of Grendahl, seconded by Melander, amending the resolution by deleting the addendum in condition 5 requiring the installation of orange banding and adopting Resolution No. 2022-19 approving the site plan and authorizing issuance of a building permit to allow construction of a 12,230 sq. ft. building addition on Lot 1, Block 1,U Haul Apple Valley Addition(6895 151st Street W.), subject to conditions as recommended by the Planning Commission, as amended. Ayes - 4 - Nays - 1 (Goodwin). COWBOY JACKS - ORDINANCE AMENDMENT Mr. Sharpe gave the first reading of the ordinance amending"PD-290" (Planned Development) reducing the building setback from 30 ft. to 20 ft. along all other streets in Zone 1. AVC, LLC, d/b/a Cowboy Jacks requested the amendment to allow for the construction of a 328 sq. ft. building addition at 14998 Glazier Avenue. MOTION: of Bergman, seconded by Grendahl, waiving the requirement for a second reading and passing Ordinance No. 1106 amending"PD-290" (Planned Development) reducing the building setback from 30 ft. to 20 ft. along all other streets in Zone 1, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Page 5 CEMETERY ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memo regarding the completion of service of Cemetery Advisory Committee Member Jay Hoekstra, which will create a vacancy on the Cemetery Advisory Committee with a term expiring March 1, 2025. She said the Council may wish to extend an invitation to individuals interested in serving on this Committee to submit an application to the City Clerk by February 28, 2022. An appointment could then be made in March. MOTION: of Grendahl, seconded by Melander, acknowledging the completion of service by Cemetery Advisory Committee Member Jay Hoekstra and thanking him for his dedicated service to the City of Apple Valley, directing staff to post the Cemetery Advisory Committee vacancy, and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by February 28, 2022. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Carlson reminded everyone of Mid-Winter Fest on February 5, 2022, at Johnny Cake Ridge Park-West and played a short promotional video for the event. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:39 o'clock p.m. Respectfully Submitted, /s/Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on Clint Hooppaw, Mayor • ITEM: 4.B. ..... :�. Apple ii COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Receive Cemetery Advisory Committee 2021 Annual Report Staff Contact: Department/ Division: Wendy Davis, Public Works/Cemetery Administrative Public Works Department Coordinator ACTION REQUESTED: Receive the Cemetery Advisory Committee 2021 Annual Report. SUMMARY: Each year, the Cemetery Advisory Committee issues an annual report to the City Council summarizing the operations of Lebanon Cemetery. SALES AND REVENUE In 2021, there were 168 lot and niche sales, the highest total of sales in the last 21 years. These sales were provided to 130 Apple Valley residents and 38 non-residents. There were 71 burials, including 18 traditional and 53 cremation interments in 2021. Below is a summary of annual revenue from lot/niche/boulder sales and fees for the cemetery based on revenue data provided by the Finance Department. Revenue for 2021 includes a substantial donation from a private benefactor. The donated funds were used for 50 percent of the costs to construct a covered burial shelter at the cemetery. Year Revenue 2021 $685,410 2020 $378,929 2019 $226,691 2018 $153,997 2017 $194,653 2016 $170,329 2015 $142,971 2014 $123,561 2013 $116,575 2012 $118,020 2011 $114,365 Average $220,500 Attached for your review are the Activity Report, Quarter Activity Comparison, and Lot Sales and Burials Since 2000. INVENTORY UPDATE The Cemetery Advisory Committee reviewed the inventory of burial lots and niches. In the currently plotted additions (not including the original cemetery), at the end of 2021 there were 1,458 in-ground sites available. Of these, 650 are sized for full-body burials, and 808 are sized for cremation burials. There are four columbarium at Lebanon Cemetery. Each columbarium contains 28 single niches and 48 double niches for a total of 124 niches per Columbaria. In total, the four columbaria contain a total of 192 double niches and 112 single niches. Of these, 26 double niches and 16 single niches remain to be sold. A new columbarium is planned to be purchased and installed in 2022. SITE IMPROVEMENTS A new cremation boulder area was constructed in the Southwest corner of the cemetery near Pilot Knob in 2020. Due to the popularity of the boulders, in 2021, a new section of the boulder area was opened that will accommodate the placement of over a dozen boulders. The new boulder area is larger than the existing boulder area near County Rd 42 and has a different aesthetic. A variety of trees, prairie grasses and flowers have been planted in this boulder area. Also in 2021, a Memorial Shelter which provides a space for families to gather for burial services that occur in inclement weather was constructed. As Council is aware, a private donor contributed 50 percent of the cost of the shelter. MAINTENANCE Maintenance of the cemetery is a year-around endeavor. Routine winter maintenance consisted of plowing cemetery roads and parking lot and clearing the columbaria feature. With the coming of spring, crews swept the roads and parking lot; repaired damaged sod; top dressed and hydro-seeded settled graves; unwrapped the trees; touched up the wood chips around the trees; trimmed shrubs; prepared flower beds for planting; and picked up litter. Annual flowers were planted in front of the flag poles at the main entrance. Perennial plantings have replaced some of the annual beds to reduce maintenance. Summer maintenance included regular mowing, watering trees and shrubs as needed, litter collection, fertilizing, weeding flower beds, trimming plantings, top dressing and seeding settled graves, and the removal of unapproved memorials. In fall, fertilizer and broadleaf herbicide were applied to turf areas. Shrubs and trees were trimmed. Small trees were wrapped and annual flowers were removed. Dormant seeding was done in late fall. A thorough pickup of litter and removal of unapproved memorials was done before the winter season. CEMETERY RECORDS Cemetery records were reviewed by staff for accurate and consistent information and format. Cemetery data is managed within the Cartegraph Operation Management Software (OMS) program with electronic maps embedded in the software. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Background Material Lebanon Cemetery of Apple Valley 2021 Activity Report (Fourth Quarter) October 1 through December 31, 2021 SALES Resident Non-Resident Preneed At Need Available Traditional Lot 14 6 15 5 650 Cremation Lot 4 4 6 2 808 Columbarium Niche 7 0 5 2 42 Cremation Boulder 4 0 4 0 NA SUBTOTAL 29 10 30 9 TOTAL SALES 39 BURIALS Traditional Cremain Traditional Lot 5 3 Cremation Lot 0 3 Columbarium Niche 0 7 Cremation Boulder 0 2 SUBTOTAL 5 15 TOTAL BURIALS 20 TITLE CHANGES 0 TRANSFERS 1 RETURNS J LOT SPLITS 5 Year to Date - January 1 through December 31, 2021 SALES Resident Non-Resident Preneed At Need Traditional Lot 37 11 34 14 Cremation Lot 24 11 23 12 Columbarium Niche 42 10 37 15 Cremation Boulder 27 6 28 5 SUBTOTAL 130 38 122 46 TOTAL SALES 168 BURIALS Traditional Cremain Traditional Lot 18 6 Cremation Lot 0 18 Columbarium Niche 0 21 Cremation Boulder 0 8 SUBTOTAL 18 53 TOTAL BURIALS 71 TITLE CHANGES 1 TRANSFERS 1 RETURNS 6 LOT SPLITS 11 Lot Sales Since 2000 YEAR Total _ Residents _ Non-Residents Pre-Need At-Need Lot Split 2000 40 _ 23 _ 17 25 15 2001 54 33 21 36 18 2002 52 35 17 36 16 2003 41 23 18 1 22 19 2004 59 34 25 42 17 2005 58 35 23 39 19 2006 52 39 13 32 20 2007 43 30 13 19 24 2008 59 36 23 33 26 2009 50 37 13 26 24 2010 44 36 8 28 16 2011 56 36 20 31 25 2012 70 47 23 44 26 2013 59 41 18 34 25 2014 57 37 20 35 22 2015 69 53 16 45 23 2016 75 42 33 49 26 2017 108 83 25 1 79 29 10 2018 62 43 19 41 21 2 2019 85 59 26 53 32 4 2020 156 111 45 99 57 10 2021 168 130 38 I 122 46 11 Burials Since 2000 YEAR BURIALS — TRANSFERS RETURNS Total Traditional Cremain 2000 22 15 7 0 10 2001 23 15 8 3 1 2002 28 18 10 10 3 2003 23 15 8 0 0 2004 29 19 10 5 1 2005 29 21 8 1 0 2006 31 14 17 22 0 2007 37 25 12 8 0 2008 40 22 18 4 4 2009 32 21 11 11 0 2010 36 23 13 3 1 2011 38 15 23 30 1 2012 43 17 26 15 6 2013 45 19 26 13 2 2014 34 12 22 5 1 2015 50 20 30 14 7 2016 46 20 26 2 2 2017 58 31 27 2 3 2018 35 15 20 4 1 2019 67 24 43 0 2 2020 67 35 32 2 3 _ 2021 71 18 53 1 6 CEMETERY/ACTIVITY/SALES&BURIALS 2000+ Lebanon Cemetery of Apple Valley Sales and Burial Comparison by Year Since 1999 SALES COMPARISON BY YEAR Year Total Resident % Non- % Preneed % At Need % Resident 1999 27 21 78% 6 22% 17 63% 10 37% 2000 40 23 58% 17 42% 25 62% 15 38% 2001 54 33 61% 21 39% 36 67% 18 33% 2002 52 35 67% 17 33% 36 69% 16 31% 2003 41 23 56% 18 44% 22 54% 19 46% 2004 59 34 58% 25 42% 42 71% 17 29% 2005 58 35 60% 23 40% 39 67% 19 33% 2006 52 39 75% 13 25% 32 62% 20 38% 2007 43 30 70% 13 30% 19 44% 24 56% 2008 59 36 61% 23 39% 33 56% 26 44% 2009 50 37 74% 13 26% 26 52% 24 48% 2010 44 36 82% 8 18% 28 64% 16 36% 2011 56 36 64% 20 36% 31 55% 25 45% 2012 70 47 67% 23 33% 44 63% 26 37% 2013 59 41 69% 18 31% 34 58% 25 42% 2014 57 37 65% 20 35% 35 61% 22 39% 2015 69 53 77% 16 23% 46 67% 23 33% 2016 75 42 56% 33 44% 49 65% 26 35% 2017 108 83 77% 25 23% 79 73% 29 27% 2018 62 43 69% 19 31% 41 66% 21 34% 2019 85 59 69% 26 31% 53 62% 32 38% 2020 156 111 71% 45 29% 99 63% 57 37% 2021 168 130 77% 38 23% 122 73% 46 27% Subtotal 1544 1064 69% 480 31% 988 64% 556 I 36% Less Returns -47 TOTAL SALES 1497 BURIAL COMPARISON BY YEAR Year Total Traditional % Cremain % 1999 15 13 87% 2 13% 2000 22 15 68% 7 32% 2001 23 15 65% 8 35% 2002 28 18 64% 10 36% 2003 23 15 65% 8 35% 2004 29 19 66% 10 34% 2005 29 21 72% 8 28% 2006 31 14 45% 17 55% 2007 37 25 68% 12 32% 2008 40 22 55% 18 45% 2009 32 21 66% 11 34% 2010 36 23 64% 13 36% 2011 38 15 39% 23 61% 2012 43 17 40% 26 60% 2013 45 19 42% 26 58% 2014 34 12 35% 22 65% 2015 50 20 40% 30 60% 2016 46 20 43% 26 57% 2017 58 31 53% 27 47% 2018 35 15 43% 20 57% 2019 67 24 36% 43 64% 2020 67 35 52% 32 48% 2021 71 18 25% 53 75% SUBTOTAL 899 447 50% 452 50% Disinterments 5 1 4 TOTAL BURIALS 894 446 448 S:\...MULTI YEAR\YEAR END TOTALS • ITEM: 4.C. ..... :�. Apple ii COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Approve Fischer Sand &Aggregate, LLP,Annual Commercial Extraction Permit for 2022 Staff Contact: Department/ Division: Thomas Lovelace, City Planner Community Development Department Applicant: Project Number: Fischer Sand &Aggregate, LLP, Fischer Mining, LLC, and 3354 Rockport, LLC Applicant Date: 1/20/2022 ,60 Days: 120 Days: ACTION REQUESTED: A motion approving the 2022 annual commercial extraction permit for Fischer Sand & Aggregate, LLP, subject to adhering to all applicable City ordinances and approved conditional use permits; and authorizing the City Administrator to consider and approve a limited number of modifications to hours of hauling outside of those hours permitted by City Code and approved conditional use permit, upon request by Fischer Sand & Aggregate, LLP. SUMMARY: For your consideration is an application from Fischer Sand and Aggregate, LLP, for an annual commercial extraction permit to allow for their commercial sand and gravel mining operations for calendar year 2022. The applicant is requesting approval of their permit so that they may continue to mine and process material at their Apple Valley location. Mining and processing will occur in their "Central Operations/Processing Area" on property generally located west of Pilot Knob Road, south of County Road No. 42, east of Flagstaff Avenue, and north of 157th Street West. The attached 2022 Mining Map identifies the specific area within "Central Operations/Processing Area" where they will be mining this year, which will be an area in the northwest corner of the operations area. Other than establishing the new mining areas, no changes to their current operations are being proposed with this application. Therefore, it is expected that any mining, stockpiling, dust and noise control, processing of material, screening, berming, reclamation and restoration of the disturbed area will comply with all conditions and plans set forth in the approved Fischer Sand & Aggregate mining conditional use permits and all other applicable codes and ordinances. It should be noted that the proposed 2022 mining area lies within the north 525-550 feet of the overall mining area, which is referred to as the transitional grading area. According to paragraph 15 of the approved Conditional Use Permit Resolutions No. 2006-229 and 2006- 230, the operator shall have ten (10) months in which to grade, rehabilitate and restore any five (5) acre portion of the north 525-550 feet in accordance with the End Use Grading and Phasing Plan. Upon completion of the reclamation, rehabilitation and restoration of the north 525 feet, but prior to the development of any improvements, the owner or operator shall install adequate berming as determined by the City, to buffer the impacts of excavation upon any anticipated development in that area. The standard hours for operations less than 3,600 feet to residential neighborhoods are 6:30 a.m. to 5:30 p.m., Monday— Friday. For operations that are greater than 3,600 feet to residential neighborhoods, the hours are 6:00 a.m. to 6:00 p.m., Monday— Saturday. The new mining area is located closer than 3,600 feet to residential properties; therefore, they will be subject to standard operating hours of 6:30 a.m. to 5:30 p.m., Monday— Friday. Current access to the mining area is via the signalized Johnny Cake Ridge Road/CSAH 42 intersection. All material removed from the operations/processing area will continue to be transported from this intersection. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Background Material Location Map Map 2022 APPLICATION FOR COMMERCIAL EXTRACTION PERMIT CITY OF APPLE VALLEY 7100 147t'' Street West Apple Valley, MN 55124 Phone: (952) 953-2500 Directions; This form must be filled out with typewriter or by printing in ink. If the application is by a natural person by such person; if by a corporation, by an officer thereof; if by a partnership, buy one of the partners; if by an unincorporated association, by the manager or managing officer thereof. Where additional space is needed,please attach information. 1. Name of applicant(name of individual, partnership, corporation, or association): Permit Fblcler- Each Y 6And 439rgffele„ Opra-br- r Mihir LLG Proper4y Owner- Rockport, I-L C, .1 2. Business name: SQm& _ Business address: htb9$ &Owed Ave.) Yalky) Ad N Phone: q51-432-7/32 35/Z1/ 3. Mailing address (if different): 5421eM2 IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION,NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT,ATTACH A COY OF THE TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, SECRETARY OF STATE'S OFFICE. 4. Minnesota tax identification number of business: F i4 - 56 9/DO FM — 977 fl778 5. Type of applicant: Natural Person (Individual) X Partnership Corporation Association or other 6, Legal description and address of premises: See A'/4-ached 7. Name of property owner: "RDCVport; L-LG Address: 50 wit _ _ Phone: CrnE/ 8. Estimated time required to complete work: 9. Amount of material to be moved on the site and/or amount to be removed from the site: 10. Highways and/or streets along which material is to be transported: 11. Describe method and schedule for restoration and measures to control erosion during and after excavation: 12: Provide the following information related to worker's compensation insurance, or certify the precise reason your business is excluded from compliance with the insurance coverage requirement for worker's compensation. Insurance Company Name (NOT the agent): Zurich American 7n5urivCe Policy Number or Self-Insurance Permit Number: WC 5052832 -17� Dates of Coverage: 121311.2021 - i2Ii I zoiz (or) I am not required to have workers' compensation liability coverage because: ( ) I have no employees covered by the law. ( ) Other (Specify) 13. Attach a map or plat of proposed pit or excavation showing stages or limits thereof, together with existing and proposed finished elevations based on sea level readings. 14. For commercial mining of minerals (sand and gravel excavation), submit the additional information as required by City Code Section 6-22(7): a. Landscape plan. b. Location and surface of access roads. c. Method of controlling dust. d. Method of controlling access to open excavation. e. Method of maintaining security on premises. f. Restoration grading plan. 15. I hereby acknowledge that this information is correct and that I agree to conform to the City of Apple Valley's Code of Ordinances and State Law regarding this extraction. The information requested on this form will be used by the City of Apple Valley in the issuance of your license or processing of your renewal application. The information that you supply on this form will become public information when received by the City of Apple Valley. Under Minnesota law (M.S. 270.72)the City may be required to provide tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. Date: 1 2.t) 9-11(_ Signature: Printed Name: T A-er cScii r Title: V cm(191 ra TPAier Initial Application Fee $ 4,450.00 Escrow Deposits 12,362.00 Code— 1001-4062 Annual Fee 11,652.00 FOR CITY USE ONLY: Date Fee Paid: Amount Paid: Conditional Use Permit: Receipt No.: Date Council Approved: Date: Permit No. 2022'MINING :-r,r:,* • - rx ' AREA I ..E �., I. il i r_ • p �: • ±ems: 1 ! I �71,. ice. _in•• ^ r.I • _ • •. r.. .i�F '• ,� 1. kukrAV , i _ t *mil: ^'` `' wi.;' ti + r _11 '' l' 1 't pew •. .' ,f. f 1 ,dT{:• 1 r��IlI ,;a— 047, 11 1 i -1:1''''.::'. !" €ENTRAL ®PERATI®N P * • NG ,'REA" i„ '' \tr- a'. •4-- ' _ r '\,= fir.0. ' ' --..-2-.-4-4•4%-.1.,"?a r --ti r —r', i I '''''R•L<PLI N e s 8 ZF[� r r i ,, t '1 1.V d, l I- `,y� — r7lj * , ,---- 'ti �:r` y 'j 1 r �r• T II !- . ,sir: , kT • !Illirti i. 11 •Il�;' hV 1 s., 'P •,,e 171., t'•__. A I" ,: - :4 r04_640.,1 1,0';„d.air-mj•fveNip-Dit o' ,, ,;:ais .. 11 i ppoo 44;:,,,,.; '. 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Apple ii COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Updated Rockport, LLC,Alternative Urban Areawide Review (AUAR) 2021 Update and Mitigation Plan Staff Contact: Department/ Division: Thomas Lovelace, City Planner Community Development Department Applicant: Project Number: Rockport, LLC PC16-27-M Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: Adopt a resolution approving the Rockport, LLC, Alternative Urban Areawide Review (AUAR) 2021 Update and Mitigation Plan. SUMMARY: For your consideration is a resolution approving the updated Rockport, LLC, Alternative Urban Areawide Review (AUAR) 2021 Update and Mitigation Plan prepared for 559 acres of property located in southeast Apple Valley. The subject property is currently or has been previously part of their sand and gravel mining operation and some of the property has been developed for residential, commercial retail and public park uses, and storm water ponding. The original AUAR, which was previously known as the Fischer Sand and Aggregate, LLP, AUAR, was adopted on December 13, 2007. Minnesota Rules 4410.3600 Subp.7A states the AUAR and Mitigation Plan must be revised periodically in order to remain valid as a substitute form of review. The AUAR was last updated in 2016. On December 9, 2021, the City Council authorized the distribution of the updated AUAR and Mitigation Plan for comments. The updated AUAR and Mitigation Plan was sent to all persons on the Environmental Quality Board's (EQB) Environmental Assessment Worksheet (EAW) distribution list in accordance with EQB rules on December 21, 2021. Letters were received from Dakota County, the Metropolitan Council, Minnesota Department of Natural Resources (DNR), Minnesota Pollution Control Agency (MPCA) and the Vermillion River Watershed Joint Powers Organization (VRWJPO) by the end of the comment period on January 6, 2022. None of the comments were formal objections, therefore, no additional information was needed other than responses to their comments, which have been included as an attachment to the AUAR. Upon adoption of the AUAR, staff will begin the process of preparing a zoning ordinance for the property within the project area designated "MBC" (Mixed Business Campus) on the City's 2040 Comprehensive Plan Land Use Map. The ordinance will identify uses, area requirements and performance standards consistent with the 2040 Plan, which describes the "MBC" as an area intended to be a high-quality setting for office campus, office with light industrial, office with biomedical manufacturing, health care facilities, general office, corporate office, and other higher-intensity uses. The Plan states that mixed retail and other commercial uses such as lodging, restaurants, daycare, banking, and other activities will be allowed in a limited capacity that provides support to the employment uses and adjacent neighborhoods. Furthermore, the 2040 Plan indicates that the intended mix in the "MBC" district should be 55-65% office, 10-20% light industry/manufacturing, 10% office warehouse/showroom, and 5% commercial and retail. Input from the property owner will be expected during this process. As referenced in the 2040 Comprehensive Plan Update approved by the City in July, 2020 and identified as Figure 4.2 - Orchard Place Concept, and in the February, 2022 AUAR as Figure 6, Attachment A Master Plan being considered by the RGU, the objective is to develop a mixed-business campus with long term job creation as a primary outcome. The AUAR does not restrict nor otherwise impact the City's regulatory controls over the development of the property. Please Note: A hard copy of the final draft of the AUAR Update and Mitigation Plan is available for review in the Community Development Department and an electronic copy is available at the City of Apple Valley website's Community Development/Planning Department homepage. BACKGROUND: The AUAR process is a hybrid of the Environmental Impact Statement (EIS) and Environmental Assessment Worksheet (EAW) processes. It uses a standard list of questions similar to the EAW process and provides a level of analysis that is comparable to an EIS. The significant feature of the AUAR process is that it provides the opportunity to review several development scenarios. The benefit of the AUAR process is that it gives the City the ability to evaluate how much development can be accommodated on the site without significant environmental impacts; helping to anticipate for and adjust development plans. The Rockport, LLC, AUAR project area encompasses approximately 446 acres of land generally located south of C SAH 42, east of Flagstaff Avenue, north of 160th Street West, and west of Pilot Knob Road; and 113 acres located south of CSAH 42, east of Pilot Knob Road, north of 155th Street West, and west of the Prairie Crossing residential development. The approved 2007 AUAR identified two scenarios that anticipated future development of the property within the study area to include 2,259 units in Scenario 1 and 2,448 residential dwelling units in Scenario 2; and approximately 3,000,000 sq. ft. of commercial uses in both scenarios. These uses would include a variety of office, manufacturing, retail, warehouse, industrial, institutional, and agricultural; whose square footage were to be determined. The 2016 update revised those numbers which resulted in the lowering of the number of dwelling units to 1,000 and increasing the commercial square footage to over 3.3 million. In the zoning code "commercial" can include office, light industry, and retail uses. The likely number of residential dwelling units and square footage of commercial uses associated with the property would have triggered the need for an environmental review as required by the Minnesota Environmental Quality Board (EQB) rules. Normally, this environmental review involves the preparation of an EAW and/or EIS. However, the EQB rules do allow for the preparation of an AUAR as a substitute for an EAW or EIS, which the property owner opted for. Since its approval in 2007 and update in 2016, the following changes and development have occurred in the project area: • The Comprehensive Plan Land Use Map re-designation of 25 acres at the southeast corner of CSAH 42 and Flagstaff Avenue from "MBC" (Mixed Business Campus) to "C" (Commercial) and its rezoning from "SG" (Sand and Gravel) to "RB" (Retail Business) to accommodate the development of a Menards store and other commercial uses, which did not occur. • The area located east of Pilot Knob Road and south of CSAH 42 was re-designated and rezoned for 99 acres of single-family residential development, 12 acres for a public park and storm water pond, and 2.5 acres for the expansion of the City's cemetery. • Approximately 73 acres of property located north of CSAH 46 and west of Pilot Knob Road was rezoned and developed for single-family residential uses that included 13 acres for the expansion of a storm water ponding area. • 10 acres of property located in the northeast corner of 157th Street West and Johnny Cake Ridge Road was re-designated and rezoned for townhomes, which are currently being constructed. • 35 acres of property located in the northwest corner of 157th Street West and Pilot Knob Road was rezoned "RB" (Retail Business) and is currently being developed for commercial/retail use. • The construction of a 10-acre ponding area, located directly west of the new commercial/retail area. • Designation of just over one acre of property for a section of Dakota County's North Creek Greenway. As of this date, 427 single-family dwellings have been built and construction of 101 townhomes is underway; and approval has been granted for 43,692 sq. ft. of commercial retail space. Approximately 32,000 sq. ft. of building space is currently under construction, which includes a Texas Roadhouse, Chipotle, Mister Car Wash, and two multi-tenant retail buildings. BUDGET IMPACT: N/A ATTACHMENTS: Resolution Report Background Material Background Material Background Material Background Material Background Material CITY OF APPLE VALLEY RESOLUTION NO. 2022- A RESOLUTION ADOPTING THE UPDATED ALTERNATIVE URBAN AREAWIDE REVIEW(AUAR)AND MITIGATION PLAN FOR ROCKPORT, LLC WHEREAS, the Updated Alternative Urban Areawide Review(AUAR) and Mitigation Plan for Rockport, LLC (formally known as Fischer Sand and Aggregate, LLP) is a revision of the Final AUAR and Mitigation Plan, which the City of Apple Valley adopted by resolution on December 13, 2007; and WHEREAS, Minnesota Rules 4410.3610 Subp. 7A, states that in order to remain valid as a substitute form of review, the AUAR and Mitigation Plan must be revised if five years have passed since the Responsible Governmental Unit (RGU) adopted the Original AUAR; and WHEREAS, as the RGU, the City of Apple Valley prepared the Updated AUAR according to guidance provided by the Minnesota Environmental Quality Board(EQB) and approved the Updated AUAR for distribution on December 9, 2021; and WHEREAS, on December 21, 2021, the Final Updated AUAR was distributed for comment in accordance with 4410.3610 Subp. 5, items D to H, and published in the December 21, 2021, EQB Monitor; and WHEREAS,pursuant to Minnesota Rules 4410.3610, Subp. 5D, state agencies had ten (10)business days from the date of publication in the EQB Monitor to file an objection to the document with the City of Apple Valley and the Minnesota Environmental Quality Board; and WHEREAS, the City of Apple Valley received written public comments from Dakota County, the Metropolitan Council, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and Vermillion River Watershed Joint Powers Organization on Updated AUAR during the 10-day comment period that ended on January 6, 2022; and WHEREAS, all written public comments from Dakota County, the Metropolitan Council, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and Vermillion River Watershed Joint Powers Organization, have been addressed; and WHEREAS, City of Apple Valley received no objections to the Updated AUAR within the specified time period; and WHEREAS,pursuant to Minnesota Rules 4410.3610, Subp. 5E, the City of Apple Valley shall adopt the Updated AUAR and Mitigation Plan at its first regularly scheduled meeting held 15 or more days after the distribution of the revised document unless an objection is filed. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Apple Valley hereby adopts the Updated AUAR and Mitigation Plan. BE IT FURTHER RESOLVED that pursuant to Minnesota Rules 4410.3610, Subp. 5E, residential, commercial, warehousing, and light industrial projects and associated infrastructure within the AUAR area that are consistent with the Updated AUAR and Mitigation Plan are exempt from review under Minnesota Rules 4410.1100 to 4410.1700 and 4410.2100 to 4410.2800. ADOPTED this 10th day of February, 2022. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk 2 ■•• •••• ••••• •••• ••• Apple11Valley Rockport Alternative Urban Areawide Review (AUAR) 2021 Update Prepared for: Rockport, LLC Prepared by: Kimley-Horn and Associates, Inc. 0*0 0090 00000 eeee 004 Apple Valley '� ��U � �~ 4 � �� �� �� ���� ���� � � ^^�K ���� �� � � ~��/ n � �� / n � _x l. Project Title 5 2. Proposer 5 3. RGU 5 4. Reason furAUAR Preparation 5 5. Project Location b 6. Project Description 6 7. Project Magnitude Data 12 8. Permits and Approvals Required 13 9. Land Use 14 lO. Cover Types 14 ll. Fish, Wildlife and Sensitive Resources 16 12. Physical Impacts on Water Resources 19 13. Water Use 32 14. Wafer-Re|oted Land Use Management Districts 24 15. Water Surface Use 25 16. Erosion and Sedimentation 25 17. Water Quality—Surface Water Runoff 26 18. Wafer Quality—Wastewaters 29 19. Geologic Hazards and Soil Conditions 31 20. Solid Wastes; Hazardous Wastes;Storage Tanks 33 21. Traffic 3/ 22. Vehicle-Related Air Emissions 42 23. Stationary Source Air Emissions 46 24. Dust, Odors, Noise 47 26. Nearby Resources 52 Rockport AUAR Update 2 Fabruury2022 26. Visual Impacts 54 27. Compatibility and Plans 54 28. Impact on Infrastructure and Public Services 56 29. Related Developments; Cumulative Impacts 57 30. Other Potential Environmental Impacts 58 31. Summary of Issues 58 32. Mitigation Plan 59 List of Tables Table 6-1: Proposed End-Use Land Uses 9 Table 8-1: Required Permits and Approvals 13 Table 10-1: Cover Types 15 Table 10-2: Wetland Management Classification Summary 16 Table 11-1:Species Within One mile of the AUAR Study Area 19 Table 13-1: Wells within AUAR study area 23 Table 13-2: Expected Water Demand 24 Table 18-1: Wastewater Generation Predicted 29 Table 18-2: Estimated Sewer Flows for Non-Residential Land Uses 30 Table 19-1:Soil Types 33 Table 20-1:MPCA "What's in My Neighborhood?"Sites within 200 feet of Study Area 34 Table 20-2:Types of Solid Waste Generation Anticipated 35 Table 20-3: Waste Generation Per Household 36 Table 20-4:Solid Waste Generation 36 Table 21-1: 2016 Update-Phase One Trip Generation with Internal and Pass-By Reductions 38 Table 21-2: 2016 Full Build-out Trip Generation with Internal and Pass-By Reductions 40 Table 22-1: Predicted Maximum Carbon Monoxide Concentrations 46 Table 22-2: Modeled CO Concentrations,TH 3/CSAH 26-PM Rush Hour 46 Table 24-1: Minnesota Noise Standards 47 Table 24-2: Noise Monitoring vs. Noise Monitoring Results 49 Table 24-3: Noise Monitoring vs. Noise Modeling Results (Year 2030) 51 Table 32-1: Required Permits and Approvals 60 Rockport AUAR Update 3 February 2022 List of Attachments Attachment A:2021 AUAR Update Figures and Appendices Attachment B:2016 AUAR Update Figures and Appendices Attachment C: 2007 AUAR Appendices Attachment D: Response to Agency Comments Attachment E:Agency Comment Letters Rockport AUAR Update 4 February 2022 Rockport, LLC Alternative Urban Areawide Review (AUAR) 2021 Update 1 . Project Title Rockport, LLC Redevelopment 2. Proposer Proposer: Rockport, LLC Contact Person: Mr. Peter Fischer Title: Vice President Address: 14698 Galaxie Avenue City,State,ZIP: Apple Valley, MN 55124 Phone: (952) 432-7132 Email: PeteFischer@avrconcrete.com 3. RGU RGU: City of Apple Valley Contact Person: Mr.Tom Lovelace Title: City Planner Address: 7100 147th Street West City, State,ZIP: Apple Valley, MN 55124 Phone: (952) 953-2572 Email:Tom.Lovelace@applevalleymn.gov 4. Reason for AUAR Preparation 2021 Update This Alternative Urban Areawide Review (AUAR) was prepared as a requirement of Rockport LLC's (Rockport) Conditional Use Permits (CUP), Resolution #s 2006-228, 2006-229 and 2006- 230 (Attachment C), approved by the City of Apple Valley ("the City") in November 2006. The AUAR will set the parameters,including the end use grades and review of potential environmental impacts for a proposed end-use development to satisfy the City's CUP condition. The purpose of this Rockport end-use plan is to provide, within the approximately 559 acres, a complementary mixture of low-to medium-density housing, commercial and industrial uses, regional storm water basins, open space, and parkland for use by the residents of the City of Apple Valley. The Orchard Place Master Plan represents a development concept on and potential end use of the subject property. This document will primarily include information from the 2016 AUAR Update and provide a 2021 AUAR Update. Further, for purposes of clarification, the Proposer is now Rockport, Fisher Sand and Aggregate's (FSA's) successor in title and current owner of FSA's property. Rockport continues to operate the mining operations on a portion of the AUAR study area. Rockport AUAR Update 5 February 2022 5. Project Location County: Dakota City/Township: City of Apple Valley PLS Location (1/4, 1/4,Section,Township, Range): Section 35, Township 1 15, Range 20W and NW '/4 of Section 36,Township 115, Range 20W At a minimum,attach each of the following to the EAW/AUAR: • Copy(ies) of USGS 7.5 minute, 1:24:000 scale map(photocopy is OK) indicating the project boundaries(see Figure 3) • Maps of the following: o A map clearly depicting the boundaries of the AUAR and any subdistricts used in the AUAR analysis(See Figure 1) o Land use and planning and zoning maps as required in conjunction with Sections 9 and 28 (See Figure 4 and Figure 5) o A cover type map as required by Section 10(See Figure 4) Additional maps may be included throughout the document wherever maps are useful for displaying the relevant information. The maps listed below are included in Attachment A: • Figure 1: Project Location: A map indicating the project location and its regional context. • Figure 2: Project Boundaries: A map depicting the project boundary of the AUAR study area. • Figure 3: USGS Map: A USGS 7.5 minute, 1:24:000 scale map indicating the AUAR study area. • Figure 4: Existing Land Use: A map showing current land use in and around the AUAR study area. • Figure 5: Existing Zoning: A map showing current zoning in and around the AUAR study area. • Figure 6: Proposed Land Use: A map showing proposed land use in and around the AUAR study area. • Figure 7: Water Resources:A map showing water resources in and around the AUAR study area. • Figure 8:Soil Types: A map indicating soil types within the AUAR study area. • Figure 9: MPCA "What's in My Neighborhood?" Sites: A map showing MPCA What's in my Neighborhood sites in and around the AUAR study area. • Figure 10: Mixed Business Campus Utilities installed since last update • Figure 11: Pilot Knob Road (CSAH Rd 31) and CSAH 42 Potential Future Interchange Concept • Figure 12: 2040 Land Use Map: A map showing proposed land use in the City 6. Project Description a. Anticipated types and intensity(density of residential,commercial/warehouse and light industrial development throughout the AUAR area): STUDY AREA DESCRIPTION Rockport AUAR Update 6 February 2022 2007 The FSA proposed end-use plan occupies approximately 559 acres in southeastern Apple Valley, entirely in Dakota County. Portions of the subject property have been a gravel operation since the 1960's.The project site is bounded on the north by County State Aid Highway 42 (CSAH 42), a business/industrial park and the Lebanon Hills Cemetery; to the east by single-family residential; to the south by single-family residential, a proposed commercial/mixed use development, a Minnesota Valley Transit Authority (MVTA) Station and County State Aid Highway 46 (CSAH 46); to the west by Flagstaff Avenue and single- family residential. Transected by Pilot Knob Road, the FSA property is divided into two parcels: 113.52 acres east of Pilot Knob Road (East Parcel) and 445.43 acres west of Pilot Knob Road, composed of parcels commonly referred to as the Seed, the 160th Street West and Fischer Properties (West Parcel). Nearly the entire 559 acres has been actively mined for aggregate. Currently, the East Parcel is ready for final grading for end use development; portions of the West Parcel are still an active operation. Running along the western edge and transecting the West Parcel are the Magellan Pipelines. Magellan has a large tank farm to the north of the West Parcel (north of CSAH 42). Several gas pipelines and telecommunication fiber optic lines run through an easement that was created. All appropriate construction precautions and development setbacks will be followed to mitigate any potential issues with this pipeline. Additionally, company officials from Magellan Pipeline have been courtesy copied on this AUAR in anticipation of comments. 2016 Update Since the 2007 AUAR, the East Parcel is being developed into single-family residential units and parkland. On portions of the West Parcel (adjacent to CSAH 46 and Johnny Cake Ridge Road), single-family residential units are being contemplated and/or constructed. Additionally, on a portion of the West Parcel adjacent to 157th Street West and Pilot Knob, the Proposer is considering a proposal for a commercial development that will complement the commercial development on the East side of Pilot Knob Road where the Super Target is located. These uses and densities have all been considered, reviewed, and conclusions drawn on any potential environmental impact while conducting this 2016 AUAR update. 2021 Update Since the 2016 AUAR Update, Rockport is now the owner of the FSA property and the entire East Parcel has been fully developed into single family residential units, parkland, and stormwater ponding; portions of the West Parcel have been developed into single- family residential units. Additionally, two single-family residences located adjacent to the study area along CSAH 42 have been removed and combined into the mining area. In 2021, Parcel #010350075016 in the southern portion of the West Parcel of the AUAR study area was subdivided into several parcels and rezoned for commercial development (see Figure 5) and was platted as Orchard Place Second Addition.This parcel is shown east of Johnny Cake Ridge Road, south of 155th Parkway West, and north Rockport AUAR Update 7 February 2022 of 157th Street West within the study area. As of the date of the AUAR Update, the development is occurring from the Southeast corner of Rockport's property and will move north and, eventually,west as the mining operations wind down. PROPOSED DEVELOPMENT 2021 Update The 2021 Development Scenario was created from the Orchard Place Master Plan. In some respects, the City's 2040 Comprehensive Plan update (See Appendix A of Attachment A and Section 27) follows the Orchard Place Master Plan.The Orchard Place Master Plan proposed end-use plan on 400 acres (portions of the AUAR study area have already been developed consistent with the AUAR and 2016 AUAR Update) in southeastern Apple Valley includes residential, mixed use, and recreational land uses (see Figure 6).The end-use plan includes a Mixed Business Campus (MBC), commercial/retail components and some additional residential housing, including single- family residential, medium-density residential and potentially high-density residential. A portion of the property has already been developed into single-family homes and multi- family townhomes, and another portion is undergoing construction into commercial development and stormwater ponding; however,the majority of the remaining undeveloped property is still actively mined and will be for the foreseeable future. Proposed land uses and densities in the AUAR study area include the following: • Single Family Residential-Densities within this area may vary from 3 to 4 units per acre. • Multi-Family Residential-Densities within this area may vary from 4 to 30 units per acre. • Senior Housing-Densities within this area may vary from 12 to 30 units per acre. • Office-Floor area ratios for this land use are between 0.25 and 0.35. • Hotel-Floor area ratios for this land use are between 0.35 and 0.50. • Corporate Campus-Floor area ratios for this land use are between 0.25 and 0.35. • Medical-Floor area ratios for this land use are between 0.25 and 0.40. • Commercial Retail-Floor area ratios for this land use are between 0.25 and 0.35. • Industrial-Floor area ratios for this land use are between 0.3 and 0.45. Rockport AUAR Update 8 February 2022 Table 6-1: Proposed End-Use Land Uses Land Use Category Pre-Development Acres Existing Acres (2021) Proposed Acres (2007) (2021) Residential 0 163 177 Commercial/Mixed 0 0 224 Use/Mixed Business Campus Open Space 4 14 77 Quarry 469 382 0 Other/ROW 86 0 81 Total 559 559 559 b. Infrastructure planned to serve the development(roads,sewers,water,stormwater systems, etc.). Roadways intended primarily to serve the adjoining land uses within an AUAR area are normally expected to be a part of an AUAR. More "arterial"types of roadways that would cross an AUAR area are an optional inclusion in the AUAR analysis; if they are to be included, a more intensive level of review, generally including an analysis of alternative routes, is necessary). STREET NETWORK Update since 2007 The City of Apple Valley and Dakota County have installed signalized intersections at 157th Street West and Pilot Knob Road. Planned since 2007 The intersection of Johnny Cake Ridge Road and CSAH 46 will be signalized when warrants are met (likely at the completion of Phase 1 when Johnny Cake Ridge Road is fully connected between CSAH 42 and CSAH 46).The intersection of 152nd Street West & Pilot Knob Road will become a three-quarter access intersection. Also, the City of Apple Valley and FSA are working on a plan for a series of minor collector streets within the Property as needed. Eventually, as end use development occurs from south to the north across the active mining area, Johnny Cake Ridge Road will serve as a major north/south collector street connecting CSAH 46 and CSAH 42 through the Property with signalization at both intersections. Eventually a major arterial collector street will transect the Property east to west connecting Pilot Knob Road with Flagstaff Avenue, again,with signalization at those intersections. It is believed that the intersection of 153rd Street West and Johnny Cake Ridge will require some traffic management and either signalization or a roundabout is being reviewed as a possible solution to manage traffic. Also, 157th Street West will be completed in 2016 connecting the southern portion of the Property to Flagstaff Avenue and Pilot Knob Road and will serve as another major collector street to funnel traffic through the Property and off of Pilot Knob and CSAH 46, and Johnny Cake Ridge Road from 157th to CSAH 46. Other intersections serving the Property will be installed but will more than likely be partial intersections (i.e. right in, right out Rockport AUAR Update 9 February 2022 configurations), consistent with the Dakota County Spacing Guidelines, that will enable better egress and ingress to Portions of the Property. Internal project roadway systems and networks will be developed in collaboration with city staff, and in accordance with city standards. Additionally, the City of Apple Valley, Dakota County, and FSA will complete in 2016 a tunnel project under 157th Street West to accommodate pedestrian and bicycle traffic safely under the street and facilitate a connection of the Dakota County Greenway Corridor Project to the City of Apple Valley's park and trail system. It is anticipated that this project will be completed Fall 2016. 2021 Update Since 2016, 157th Street West has been completed, connecting the southern portion of the AUAR study area to CSAH 46 via the southern portion of Johnny Cake Ridge Road (see Figure 2). Additionally, a pedestrian tunnel underneath 157th Street West to accommodate pedestrian and bicycle traffic safely under the street and facilitate a connection of the Dakota County North Creek Greenway Corridor Project to the City of Apple Valley's park and trail system.The North Creek Greenway alignment is being finalized based on road elevations for grade separated crossings and to continue to connect to Greenway outside the AUAR area. Street connections are being completed at 155th Street West and Pilot Knob Road, including a signalized intersection. Further, a network of private internal streets is planned for the Orchard Place Second Addition commercial development, south of the proposed 155th Street West and north of 157th Street West. 475' of Johnny Cake Ridge Road to serve the Orchard Place 3rd Addition (Pulte) will be completed in 2021. Finally, Rockport has petitioned the City for street and infrastructure improvements, north of the proposed 155th Street West, to facilitate potential development on parcels adjacent to Pilot Knob Road, north of 155th Street West. MUNICIPAL UTITLITIES 2007 Municipal water,sanitary sewer, and storm sewer lines will be sized to appropriate specifications and constructed to serve the developed area. Municipal sewer lines will be extended to serve the development on both parcels.The City of Apple Valley has the water and wastewater capacity to accommodate the development of both parcels as proposed.The end-use plan also includes other infrastructure improvements such as neighborhood parks, telephone, electric, and natural gas lines. 2021 Update The development occurring on the property is serviced by municipal sewer and water lines. As development progresses, each of the new phases of the development will be connected to the trunk sewer lines already on the Property.The City of Apple Valley has Rockport AUAR Update 10 February 2022 the water and wastewater capacity to serve the various uses and densities on the identified in the AUAR study area. No additional mitigation measures have been identified for this update. STORMWATER AND PARKLAND 2016 In coordination with the City of Apple Valley, the project proposer has assisted with and/or developed storm water management ponds on portions of AUAR study area.This includes an 11.9-acre public park/stormwater pond in the East Parcel. In future phases of development, the developer will be responsible for the installation of additional storm water management ponds and parks in accordance with the City of Apple Valley's adopted Storm Water Management Plan (SWMP). Additionally, as needed, the developer will incorporate open space around these ponds to make these features are an integral part of the community amenities. 2021 Update Multi-cell stormwater management ponds with infiltration benches in the West Parcel of the AUAR study area are nearly completed and need establishment of buffer areas Outlots A and C of Orchard Place 2nd Addition has been platted for the purpose of establishing stormwater ponds. A connection to these stormwater ponds from Pulte's medium density residential development has been completed. Outlot B of the 2nd Addition is expected to be the location of a section of the North Creek Greenway. The developer will be responsible for the installation of additional storm water management ponds and parks in accordance with the City of Apple Valley's adopted SWMP. Additionally, as needed, the developer will incorporate open space around these ponds to make these features are an integral part of the community amenities and continue with meeting the goals outlined in the NCGT plan. Trail and sidewalk connectivity to the NCGT will be important to incorporate as parcels develop. TRANSIT 2007 The two concepts explored in the 2007 AUAR concentrate on Mixed Use Development within a quarter mile of the 157th Street Transit Station.Transit-Oriented Development (TOD) is synonymous with concentrated development promoting mixed uses and residential densities of at least 12 to 15 units per acre. TOD policies promote increased employment and population concentrations, and a mix of uses that encourage pedestrian activity throughout daytime and evening hours.The mixed-use land use reflects the potential for this kind of activity. The proposed park and street network provides opportunities for adequate pedestrian access to the transit station. As individual redevelopment proposals come forward, the use of landscaping, street furniture, street lighting, and other urban design features that encourage pedestrian activity to integrate the station area into the surrounding community will be considered. Connectivity between street networks and adjoining uses, Rockport AUAR Update 11 February 2022 which can be achieved through landscape design,sidewalks and pathways, signage, building facade treatments, parking strategies and a variety of land uses will also be incorporated. 2016 and 2021 Update As the property in and around the 157th Street Transit Station is developing,the Proposer will work with the City of Apple Valley to accommodate current and future transit improvements.The current proposed uses are compatible with the current transportation infrastructure that exists on or around the property. Transit improvements identified in the CSAH 42 Visioning Study and Corridor Management Plan to the extent feasible and warranted; and by the City and the Minnesota Valley Transit Authority (MVTA), may be incorporated into any future development within the project area, as needed. OTHER 2021 Update The Proposer has and continues to make other infrastructure improvements as needed and consistent with the City of Apple Valley ordinances. All of the developments within the AUAR study area have included the above-referenced infrastructure improvements. c. Infrastructure phasing will occur as needed and as development proceeds. Provide a 50 or fewer word abstract for EQB Monitor notice: 2016 This proposed plan on 559 acres in southeastern Apple Valley includes up to 1,000 attached and detached residential housing units, up to 3,321,000 square feet of commercial/mixed-use/neighborhood service development, and approximately 81 acres of open space. A portion of the property has already been developed into single- family homes and a portion of the property is still actively mined. 2021 Update The Rockport (formerly FSA) AUAR study area is located on approximately 559 acres in southeastern Apple Valley, Dakota County.The AUAR was updated in 2016 and an AUAR Update has been prepared to comply with Minnesota Rules Chapter 4410.3610 Subp 7A. The 2021 AUAR update includes land use updates consistent with the City's 2040 Comprehensive Plan. 7. Project Magnitude Data The cumulative totals of the parameters called for should be given for each major development scenario. The scenarios summarized below encompass the range of developments that could ultimately be approved for construction on both parcels, composing the nearly 571 acres. These general scenarios show the anticipated types and densities of the end-use plan for Rockport AUAR Update 12 February 2022 environmental assessment purposes.The overall density will vary across the site, with increased density surrounding the CSAH 42 and Pilot Knob intersection and running east to west along CSAH 42 to Flagstaff Avenue to take advantage of the obvious commercial center created by the road frontage. Scenario 1 reflects the scenario with the most Open Space acreage, at approximately 71 acres,with more than 129 acres of low-density residential and 129 acres of medium-density residential for a total of approximately 258 acres of residential and in excess of 240 acres of commercial/mixed use/neighborhood service. Scenario 2 illustrates the scenario with the most commercial/mixed-use/neighborhood service density, at approximately 245.1 acres. This scenario proposes more than 109 acres of low-density residential, 153 acres of medium-density residential and in excess of 62 acres for Open Space. 2016 No update. 2021 Update This AUAR reviews a new development scenario based, in part, on the 2040 Comprehensive Plan. This development scenario depicts a range of densities for each use. Using the maximum density for every use, the comprehensive plan proposes up to 1,534 new residential units and over 3,300,000 square feet of non-residential uses.These totals are based on policies and standards contained in the City of Apple Valley Comprehensive Plan and consistent with the Zoning Ordinance. 8. Permits and Approvals Required List all known local,state, and federal permits, approvals, and funding required. A list of major approvals likely to be required by the anticipated types of development projects should be given.This list will help orient reviewers to the idea that the AUAR process is only one piece of the regulatory framework that will protect environmental resources.The list can also serve as a starting point for the development of the implementation aspects of the mitigation plan to be developed as part of the AUAR. Table 8-1: Required Permits and Approvals Unit of Government T• - - .07c• - —Status City of Apple Valley Sewage Treatment System To be applied for Closure AUAR Mitigation Plan Update In process Adoption Rezoning/Platting Approval To be applied for, as needed Building Permits To be applied for as needed Municipal Water Connection To be applied for as Permit needed Natural Resources To be applied for if needed Management Permit Rockport AUAR Update 13 February 2022 Unit of Government Type of Application_ Status _ Sanitary Sewer Connection To be applied for, if needed Permit Wetland Exemption To be applied for, if needed Certification Land Use Applications, To be applied for, if needed including but not limited to rezonings,variances, site plan review, etc. _ Dakota County County Roadway Access To be applied for Permits Hazardous Waste Generator To be applied for Closure Contamination/Assessment To be applied for Plan Well Installation and To be applied for Abandonment Contiguous Plat Review To be applied for Metropolitan Council/ Comprehensive Plan To be applied for, if needed Environmental Services Amendment Sanitary Sewer Connection To be applied for Permit Minnesota Pollution Control NPDES/General Storm Water To be applied for Agency Permit Sanitary Sewer Extension Permit To be applied for Minnesota Department of Water Appropriations Permit To be applied for, if needed Natural Resources Public Waters Work Permit To be applied for, if needed Utility License To be applied for, if needed Minnesota Department of Water Main Extension Approval To be applied for Health US Army Corps of Engineers Letter of No Jurisdictional To be applied for, if needed Wetland 9. Land Use Describe the current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses,such as soil contamination or abandoned storage tanks. 2021 Update Land Use and Compatibility with current Land Use plans is addressed in Section 27. 10.Cover Types The following information should be provided: a. A cover type map, at least at the scale of a USGS topographic map, depicting: • Wetlands—identified by type (Circular 39) Rockport AUAR Update 14 February 2022 • Watercourses—rivers, streams, creaks, ditches • Lakes—identify protected water status and shoreland management classification • Woodlands—identify native and old field • Cropland • Current development See Figure 4. b. An "overlay" map showing anticipated development in relation to the cover types;this map should also depict any "protection areas," existing or proposed,that will preserve sensitive cover types. Separate maps for each major development scenario should generally be provided. The generalized breakdown of cover types before and after development in each scenario for every year is shown on the chart that follows.The location of proposed cover types is shown in Figure 6. 2021 Update Figure 4 illustrates cover conditions as of 2021. Nearly the entire site has been mined, so as it currently sits there are no lakes, woodlands, or grasslands currently on the site. Figure 6 illustrates proposed land use conditions. Table 10-1: Cover Types Cover Type Existing After (Acres) (Acres) 2007 2016 2021 Scenario 1 Scenario 2 Scenario 1 Scenario 2 Orchard Place Master Plan Types 1 to 8 Wetlands 4 0 0 0 0 0 Woodlands/Forest 0 0 0 0 0 0 Field/Grassland 0 0 0 0 0 0 Agricultural 86 0 0 0 0 0 Lawn & Landscaping 0 232 221 161 159 159 Impervious Surface 0 327 338 317 319 319 Open Space/Stormwater 0 0 0 81 81 81 Ponding Other-Aggregate Mining 469 0 0 0 0 0 Total 559 559 559 559 559 559 WETLANDS 2007 According to the National Wetlands Index (NWI) there are four wetlands within the AUAR study area.Some wetland impacts have occurred within the AUAR study area since 2007. Those wetland impacts have been minimized to the extent practicable and have been mitigated. The wetland inventory and management plan has not been updated to reflect these minor changes to wetlands within the AUAR study area. Table 10-2 summarizes the wetland types and their quality rankings in the study area. Rockport AUAR Update 15 February 2022 2021 Update According to the MN DNR 2019 wetlands inventory, there are five wetlands, including four excavated freshwater ponds and one freshwater emergent wetland,within the study area. One freshwater pond and one freshwater emergent wetland appear to have been filled in due to roadway construction and residential development on the surrounding property. Table 10-2: Wetland Management Classification Summary • . _ - ent • o -r of Acres of Community Class Occurrences Type Freshwater Pond 1 4 ! 2,7 Freshwater Emergent 1 1 1.1 Wetland Total 5 J 3.8 11 .Fish, Wildlife and Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts.The description of wildlife and fish resources should be related to the habitat types depicted on the cover type maps(of Section 10). Any differences in impacts between development scenarios should be highlighted in the discussion. RARE SPECIES AND NATIVE PLANT COMMUNITIES Westwood reviewed the site area for the Northern long-eared bat (Myotis septentrionalis) (NLEB) habitat and hibernacula.The northern long-eared bat was designated a federally threatened species by the U.S. Fish and Wildlife Service in April 2015. According to the Minnesota DNR, in the southern part of the state, NLEB may use attics, bridges, and buildings for hibernating. In summer, the species is often associated with forested habitats, especially around wetlands.Summer roosts may include under loose tree bark, in buildings, behind signs or shutters, caves, mines, and quarry tunnels (MnDNR). While the species has been documented in Dakota County, only one Township (T28N) is known to contain hibernaculum, and none are known to contain roost trees (see Townships Containing Documented Northern Long-eared Bat Maternity Roost Trees and/or Hibernacula Entrances in Minnesota, April 1, 2016). Given that the AUAR study area is actively mined for sand and gravel, and does not contain significant tree cover, or other suitable habitat, the potential for the NLEB to utilize the site is considered low. The subject property is within proximity of the North Creek that eventually outlets to the Vermillion River, located more than five miles south of the Proposed Project. Within the vicinity of the project, there are reaches of the Vermillion River that are Minnesota-DNR designated trout stream and the DNR may designate additional reaches in the future. As part of the 2016 update, Westwood reviewed current mapping of DNR-designated reaches, and the nearest designated trout stream is nearly 4.5 miles southeast of the project boundary, and 5.2 miles northwest adjacent to the Minnesota River Valley. Because of the trout stream designation, the Vermillion JPO prioritizes temperature Rockport AUAR Update 16 February 2022 sensitive BMPs such as infiltration and filtration and the designation of temperature sensitive wet pond design approaches as well as the control of runoff volume increases. Implementation of sediment and erosion control plans and comprehensive storm water management in accordance with the City of Apple Valley and the Vermillion JPO will eliminate impacts to North Creek and the Vermillion River. In accordance with the City of Apple Valley ordinance, the Proposer is working with the City of Apple Valley to improve the storm water management infrastructure. 2021 Update The subject property has been an active aggregate operation for more than 50 years, with functionally all of natural ground cover having been disturbed. According to NWI, there are four excavated freshwater ponds and one freshwater emergent wetland within the study area.Three excavated basins are visible and were constructed as part of the washplant operations and used to treat washwater. Wildlife habitat on both parcels has historically been limited by the mining activity at the site and the site does not support any significant habitat. Overall, the subject property does not include habitat types that are unique or rare in this area, and the low vegetative diversity generally supports few wildlife species (see Figure 4). The development scenario will convert the current gravel mining operations into residential and commercial uses with associated streets, landscaping, and storm water ponding which will incorporate a variety of open water ponding areas and green space. These areas will provide additional potential wildlife habitat within the AUAR study area. b. Are there any state-listed endangered,threatened, or special-concern species;rare plant communities; colonial waterbird nesting colonies; native prairie or other rare habitats; or other sensitive ecological resources on or near the site? ES] Yes ❑ No 2021 Update Based on a review of the National Heritage Information System (NHIS) federal and state listed threatened, endangered, and special concern species (per license agreement LA- 965), there is one record within the AUAR study area and two records within one mile of the AUAR study area of listed species: Lark Sparrow, Rusty Patched Bumble Bee, and Blanding's turtle. Blanding's Turtle A record for the Blanding's Turtle (Emys blandingii), a state listed threatened species, is located within one mile from the AUAR study area.The preferred habitat for this species includes wetland complexes and adjacent sandy uplands. Wetlands at the site are actively used for mining operations and do not contain any natural habitat so no impacts to Blanding's turtle are anticipated. Lark Sparrow A record for the Lark Sparrow (Chondestes grammacus), a state listed special concern species, is located within one mile of the AUAR study area. According to the DNR, Lark Sparrows are a relatively large sparrow with bold facial markings.The preferred habitat Rockport AUAR Update 17 February 2022 for this species is dry grassland with a specific set of components:short and/or sparse grasses with at least some bare ground and scattered trees. The site has been previously developed for commercial and residential uses and does not contain natural grassland or trees, so no impacts to the Lark Sparrow are anticipated Rusty Patched Bumble Bee A record for the rusty patched bumble bee (Bombus affinis), a federally listed endangered species, is located within the AUAR study area.The preferred habitat for this species includes grasslands and tallgrass prairies.The site has been previously developed for mining uses and does not contain natural prairie vegetation, so no impacts to the rusty patched bumble bee are anticipated. Rockport AUAR Update 18 February 2022 Table 11-1:Species Within One mile of the AUAR Study Area Species Type Status Last Habitat In Potential Recorded Study Mitigation - - Date Area? Measures Blanding's Turtle Threatened 1992 Calm, shallow No Wildlife friendly Turtle (Emys (State waters, including erosion control blandingii) Listed) wetlands BMP's will be associated with utilized during rivers and streams construction. with rich aquatic The Blanding's vegetation are turtle fact especially sheet is preferred. attached. Rusty- Bee Endangered 2018 Grassland with Yes The proposed patched (Federally flowering plants development bumble bee Listed) from April scenario will (Bombus through October, incorporate affinis) underground and native abandoned landscaping rodent cavities or which will clumps of grasses provide above ground as potential nesting sites, and suitable undisturbed soil habitat within for hibernating the AUAR study queens to area. overwinter _ Lark Sparrow Bird Special 2009 Dry grasslands No No proposed (Chondesfes Concern with a specific set mitigation grammacus) (State of components measures. Listed) and characteristics: short and/or sparse grasses (usually native) in I areas of sand or gravel soils, with at least some bare ground and widely-scattered or patchy trees. 12.Physical Impacts on Water Resources a. Will the project involve the physical or hydrologic alteration (dredging,filling,stream diversion, outfall structure, diking, impoundment) of any surface water(lake, pond, wetland,stream,drainage ditch)? ®Yes❑No b. If yes, identify the water resource to be affected and describe:the alteration, including the construction process;volumes of dredged or fill material; area affected; length of Rockport AUAR Update 19 February 2022 stream diversion;water surface area affected;timing and extent of fluctuations in water surface elevations;spoil disposal sites; and proposed mitigation to minimize impacts. 2016 There is an established drainageway,which is denoted on the DNR's Protected waters and wetlands map,that runs through the Proposed Project area, flowing to the south into what is referred to as the McNamara Pond, or City of Apple Valley regional storm water pond WVR-443.The McNamara Pond outlet passes underneath 160th Street West and into the City of Lakeville's storm sewer system. In 2015, the McNamara Pond was reconstructed by the City of Apple Valley into two separate chambers to accommodate the best management practices for managing storm water.The reconstruction improved the overall functioning of the storm water management of the McNamara Pond and increased its capacity.The McNamara Pond eventually discharges into North Creek.The drainageway has been converted to storm sewer throughout the developed portions of Apple Valley north and west of the site.The majority of storm water from upstream has been diverted from the drainage ditch through a series of regional storm water ponds and storm sewer conveyance system.The drainage ditch is dry most of the time. In May 1999, McCombs Frank Roos Associates (MFRA) prepared a wetland delineation report in accordance with the Minnesota Wetland Conservation Act (WCA) and the Clean Water Act Section 404. MFRA determined that the drainageway did not meet the hydric soils or wetland hydrology criteria and that it was not a jurisdictional wetland. However, the drainageway is a Department of Natural Resources (DNR) regulated watercourse. As the project area develops, the drainage ditch within the Project area will be converted to a storm sewer conveyance system and regional storm water management ponds,which will tie into the City's existing storm sewer system in accordance with the City of Apple Valley's Surface Water Management Plan. Any alterations to the watercourse will require a public waters work permit from the Minnesota DNR, and potentially a utility crossing license. Additionally, Minnesota Pollution Control Agency (MPCA) water quality standards protect and regulate activities that would adversely impact designated uses. Activities that convert use of these waters for storm water conveyance and treatment may require permits or approval by the MPCA. Prior to development of this area, MPCA will be contacted to determine if a permit is required. It is understood that these activities must be compliant with the mitigative sequence requirements of Minn. R. 7050.0186. Although the 1990 National Wetland Inventory Map analyzed in the 2007 AUAR indicated that there were three PUBGx basins and 1 PEMC basin within the Project area.The PUBGx basins were created as wash water settling ponds and will be removed as part of final restoration activities associated with the central processing area.The PEMC basin was excavated by past mining activities prior to the adoption of the Wetland Conservation Act in accordance with US Army Corps of Engineers (COE) permit 97-05345-NW-RJA and letter (98-04905-DJS) that authorized the excavation (elimination of the wetlands within the mining area) and state that no mitigation is required. This 2016 update analyzed the latest 2015 version of the National Wetlands Inventory mapping.This new map shows four PUBGx (x signifying excavated) wetlands in the west- central portion of the project, which were likely created as a result of on-going mining operations.The PEMC basin that was identified in the 2007 AUAR is no longer mapped on Rockport AUAR Update 20 February 2022 the 2015 NWI update.The previously identified DNR watercourse appears in the western portion of the project and extends through the McNamara Pond to the south (which was removed from NWI Map in 2014).A PEMI Af (signifying farmed) wetland is mapped just east of the Lebanon Cemetery, and was not present on the 1990 mapping. An additional PUBGx wetland is mapped in the NE quadrant of Pilot Knob road and 155th St. West.This wetland was not shown on the previous NWI mapping and appears to be a constructed storm water pond supporting adjacent commercial and residential development.The Applicant will coordinate closely with the US Army Corps of Engineers, the City of Apple Valley as the Local Government Unit administering the Minnesota Wetland Conservation Act, and other applicable wetland regulatory agencies, to ensure all appropriate exemptions and permits are received prior to impacting wetlands, waters, and drainages identified within the project area. It should be noted that reaches of the drainageway located immediately upstream and downstream of the site have previously been eliminated or converted to storm water ponding areas in accordance with DNR permits. Since the 2007 AUAR, the City of Apple Valley has made significant improvements both in managing storm water and increasing its storage capacity. In addition to the reconstruction of the McNamara Pond, the City of Apple Valley has recently taken possession of the storm water management pond constructed on the East Parcel of the Property. 2021 Update The DNR's 2020 Public Waters Index no longer identifies the unnamed drainageway within the AUAR study area. Wetlands in the project area are regulated by several agencies, including the US Army Corps of Engineers, Minnesota Board of Water and Soil Resources (BWSR), the Minnesota Pollution Control Agency (MPCA), and the City of Apple Valley.The City of Apple Valley has accepted the responsibility for the administration of the Minnesota Wetland Conservation Act (WCA).The City uses the DCSWCD for technical assistance for WCA issues. Construction plans for the site that propose direct alteration of wetlands within the AUAR study area will require permits and approvals from the appropriate regulatory agencies. The City will implement these standards along with standards adopted in the Surface Water Management Plan (see Section 17) for waterbodies in the AUAR area.Section 17 provides detailed analysis of the potential stormwater impacts to wetlands and basins in the AUAR area and includes recommendations for management of surface water runoff to avoid or minimize potential impacts. Information about the types and acreage of wetlands in the project area are detailed in Section 10. Some wetland impacts appear to have occurred within the AUAR study area since 2007. One freshwater pond (0.42 acres) and one freshwater emergent wetland (1.09 acres) appear to have been filled due to roadway construction and residential development. The wetland inventory and management plan has not been updated to reflect these changes to wetlands within the AUAR study area. Rockport AUAR Update 21 February 2022 13.Water Use a. Will the project involve the installation or abandonment of any wells? ® Yes ❑ No b. For abandoned wells, give the location and unique well number. For new wells, or other previously unpermiffed wells, give the location and purpose of the well and the Unique Well Number(if known). 2016 There are five existing wells within the AUAR Study area, all of which are associated with the current aggregate and ready-mix operation.Three of these wells are associated with the washplant operation (two with the ready-mix plant, one at the scale house) and one is a supply well associated with the truck maintenance facility located on the site (Exhibit 13).The three wells associated with the washplant operations (MN unique ID #'s 497931, 497932 and 497933) are covered under DNR Water Appropriations Permit #1995-6151. These wells will be abandoned in accordance with the Minnesota Department of Health and Dakota County requirements prior to development of the site. There were five other wells located on the property that were associated with homesteads.These wells have already been abandoned in accordance with MN Department of Health and Dakota County requirements. The project will be served by the City of Apple Valley's municipal water supply. Based on the DNR's permit index from the MPARS (MNDNR Permitting and Reporting System) database, the City's water appropriation permit was updated September 19, 2013. Expected water demand is approximately 75 percent of well capacity.The MN DNR water appropriation permit number for the City of Apple Valley Municipal supply is 74- 5229. Future water use for the project is expected to be directly proportional to the amount of sanitary wastewater generated.The water demand estimates for the proposed project were obtained utilizing the assumption that water demand quantity is approximately 110 percent of the expected sanitary wastewater produced. Table 13-2 shown below, displays the calculated water demand quantities. The City of Apple Valley has plans to serve the water demands of the project and future projects within the City.Their Comprehensive Guide Plan 2030-Update indicates that the City plans to meet the city's projected maximum day demand of 29.5 million gallons per day (MGD) to meet the demand conditions within the City at saturation development. This will be accomplished through additional wells,water mains and water storage reservoirs constructed and put online as development of the remaining vacant lands within the City proceeds.The City's trunk water system Plan prepared in January 2002 plans for future 12"-20" trunk water mains to serve the Proposed Project.The City completed the construction of a water tower in the northwest corner of 160th Street West and Pilot Knob Road, which went online in 2008, and the installation of a 16"water main running north-south through the parcel of the Proposed Project that lies east of Pilot Knob Rockport AUAR Update 22 February 2022 Road.This main continues south through adjacent properties and along the Pilot Knob Road right of way to the new water tower. 2021 Update An additional 16" Watermain connection has been made at 155th Street West and Pilot Knob Road to address phasing and water use demands as the property develops. This additional loop will provide greater fire flow and pressure in the AUAR area. A search of the Minnesota Department of Health's (MDH) Minnesota Well Index and Dakota County's well records was performed, and records were found for fifteen wells in the AUAR study area. Existing wells in areas that will be redeveloped will be abandoned in accordance with Minnesota Department of Health rules and regulations.See Table 13- 1 for well ID number and status. Table 13-1: Wells within AUAR study area Well ID Well Name/Location Well Depth Well Status MDH Minnesota Well Index 426874 TW -Test Well 62 feet Sealed 481815 Barton Sand and Gravel 235 feet Active 481816 Fischer Sand & Agg. 37 Feet Active 497931 Fischer Sand & Agg. No. 1 53 Feet Active 497932 Fischer Sand &Agg. No. 2 52 Feet Active 497933 Fischer Sand & Agg. No. 3 55 Feet Active 553573 Fischer Sand &Aggregate 60 Feet Active 553836 DW - Dewatering Well 44 Feet Sealed 645048 Fischer Sand &Aggregate 40 Feet Active Dakota County H223261 15305 Johnny Cake Ridge Rd N/A Sealed H339470 57XX 150th St W N/A Sealed H339471 5732 150th St W N/A Sealed H 163324 15497 Pilot Knob Rd N/A Sealed H163325 15497 Pilot Knob Rd N/A Sealed N/A 15303 Johnny Cake Ridge Rd N/A N/A Water demand for the 2021 update is discussed below (see Table 13-2). Rockport AUAR Update 23 February 2022 Table 13-2: Expected Water Demand Expected Water Demand (gpd) 2007 Scenario 1 1,058,216 2007 Scenario 2 1,120,558 2016 Update ! 718,538 2021 Update 718,538 With respect to c and d, below, if the area requires new water supply wells,specific information about that appropriation and its potential impacts on groundwater levels should be given; if groundwater levels would be affected, any impacts resulting on other resources should be addressed.With respect to possible individual appropriations by future projects, a general assessment of the likely need for such should be indicated, and if there is potential for major appropriations or environmental issues resulting from individual appropriations, a more detailed assessment of those should be included along with a discussion for mitigation for potential problems. c. Will the project require an appropriation of ground or surface water(including dewatering)? Yes E No d. If yes, indicate the source, quantity, duration, purpose of the appropriation,and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on groundwater levels. It is not anticipated that any dewatering will be required, however If any dewatering is necessary, proposer will follow applicable rules and regulations, and, if necessary, obtain a temporary water appropriation permit from the DNR. 14.Water-Related Land Use Management Districts a. Does any part of the project site involve a shoreland zoning district, a delineated 100- year floodplain, or a state and federally designated wild and scenic river land use district? ❑ Yes ® No b. If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district. Such districts should be delineated on appropriate maps and the land use restrictions applicable in those districts should be described. If any variances or deviations from these restrictions within the AUAR are envisioned,this should be discussed. 2021 Update FEDERALLY DESIGNATED WILD AND SCENIC RIVER LAND USE DISTRICTS Rockport AUAR Update 24 February 2022 The study area is not located within a federally designated wild and scenic river district. FLOODPLAINS In 2021, Kimley-Horn reviewed the Federal Emergency Management Agency's (FEMA's) Flood Insurance Rate Map.The AUAR study area is not located within a FEMA 100-year floodplain. FEMA Flood Insurance Rate Map (FIRM) panel numbers for the site include 27037CO210E, 27037CO202E and 27037CO208E. , Regional ponding areas within the developed areas will be constructed with 100-year flood elevations as part of the storm water management for the site. All structure openings will be constructed above the 100- year flood elevations and meet any freeboard requirements of the City of Apple Valley. APPLE VALLEY SHORELAND ORDINANCE The City of Apple Valley's shoreland ordinance includes three areas, Alimagnet, Long, and Farquar Lakes.These shoreland areas are not within close proximity to the proposed project. VERMILLION RIVER WATERSHED DISTRICT The study area is located within the Vermillion River Watershed Joint Powers Organization (VRMJPO) area. 15.Water Surface Use a. Will the project change the number or type of watercraft on any waterbody? ❑ Yes ® No b. If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources.This item need only be addressed if the AUAR area would include or adjoin recreational waterbodies. Waterbodies within the study area are not anticipated to be used watercraft or for recreational uses that will impact fish or wildlife resources. 16.Erosion and Sedimentation a. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project.The number of acres to be graded and number of cubic yards of soil to be moved need not be given; instead, a general discussion of the likely earthmoving needs for development of the area should be given,with an emphasis on unusual or problem areas. In discussing mitigation measures, both the standard requirements of local ordinances and any special measures that would be added for AUAR purposes should be included. Implementation Timeframe: 2014-2026 Mining activity has created steep slopes throughout the site.These active mine faces are subject to erosion and sedimentation, but all storm water contacting the steep slopes or aggregate piles is handled internally and not discharged untreated off-site. As Rockport AUAR Update 25 February 2022 restoration grading is undertaken on exhausted mine areas, restoration grades will be established that will not exceed 3:1 and the majority of the site will be left relatively flat to accommodate road grades and building pads. All applicable BMPs have been and will be employed throughout the mining, restoration grading and development portions of the project. These measures are described in more detail in the following mitigation plan. 2021 Update Applicable BMPs will be implemented and used during the redevelopment of the AUAR study area. These measures are described in more detail in the following mitigation plan. 17.Water Quality—Surface Water Runoff It is expected that the AUAR will have a detailed analysis of stormwater issues. A map of the proposed stormwater management system and of the waterbodies that will receive stormwater should be provided. The description of the stormwater system should identify on-site and "regional" detention ponding and also indicate whether the various ponds will be new waterbodies or converted existing ponds or wetlands.Where on-site ponds will be used but have not yet been designed,the discussion should indicate the design standards that will be followed. The following types of waterbodies must be given special analysis: • Lakes: Within the Twin Cities metro area, a nutrient budget analysis must be prepared for any"priority lake" identified by the Metropolitan Council. Outside of the metro area,lakes needing a nutrient budget analysis must be determined by consultation with the MPCA and DNR staffs. • Trout Streams: If stormwater discharges will enter or affect a trout stream,an evaluation of the impacts on the chemical composition and temperature regime of the stream and consequent impacts on the trout population(and other species of concern) must be included. QUANTITY AND QUALITY OF SITE RUNOFF BEFORE AND AFTER THE PROJECT 2016 The quantity of runoff from the site will increase from existing conditions as currently storm water is handled internally over the majority of the active mining area. As individual phases are mined and restored, regional storm water ponds will be incorporated into the final restoration grading.These ponds will be designed in accordance with the City of Apple Valley's Surface Water Management Plan (Bonestroo, Rosene, Anderlick &Associates, 2007). These ponds, will provide dead storage and live storage and control the peak rates of runoff resulting from increased impervious surfaces. One of the ponds within the system, WVR-443 (the McNamara Pond),was reconstructed in 2015 and connects to the City of Lakeville's storm water management system. As part of the final development and the extension of Johnny Cake Ridge Road south to 160th Street West, this pond will be relocated.The table below indicates that flow from this pond is modeled at 125.9 cfs for the 1 percent probability 24-hour rainfall event. This exceeds the allowable peak discharge as agreed to between the Cities of Apple Valley and Lakeville.The cities are currently studying the capacity of the Rockport AUAR Update 26 February 2022 existing outlet pipe to reach an agreement upon the maximum allowable outflow rate from the pond. As part of the final development and the extension of Johnny Cake Ridge Road south to 160th Street West, this pond was reconstructed into two chambers to accommodate the construction of the road and to increase capacity to decrease the outflow to the City of Lakeville.The development plans also contemplate combining WVR- P54 with the reconstructed WVR-443 or moving WVR-P54 south as well as lowering both the NWL and HWL elevations as may be appropriate to accommodate reclamation grades. Additionally, the City of Apple Valley completed another stormwater management pond located on the East Parcel.The characteristics of that pond are listed below. In all cases, the required pond volumes and rates of discharge will continue to meet those identified in the City of Apple Valley Surface Water Management Plan.This plan identifies allowable peak discharges from each of the regional ponds that will be incorporated into final development design. The quality of surface water runoff currently is high in total suspended solids but is handled internally in accordance with an NPDES and storm water pollution prevention plan associated with the mining operation. The quality of surface water runoff after development will be typical of urban runoff.The State of Minnesota has banned the use of phosphorus fertilizer, unless there is a demonstrated soil deficiency or a new lawn. Regional storm water basins developed within the project area will be designed with dead storage beneath the outlets and skimmer structures at the outlets to treat storm water prior to discharge from the site. With the changes to the City of Apple Valley's storm water management system noted, the 2007 AUAR conclusions remain valid and, in fact, the surface water management has improved since the 2007 AUAR. 2021 Update The study area is located within the Vermillion River Watershed Joint Powers Organization (VRMJPO) area. VRMJPO seeks to protect surface water, ground water, and natural resources within in the Vermillion River watershed.The proposed development within the AUAR study area will require compliance with the standards of the VRMJPO, City of Apple Valley, and NPDES permit requirements for water quality, volume control, rate control, and erosion control. The following stormwater management requirements will be adhered to: • City of Apple Valley Code of Ordinances; Chapter 152.55 • City of Apple Valley Comprehensive Surface Water Management Plan • Vermillion River Joint Watershed Powers Organization Standards • National Pollution Discharge Elimination System permit requirements NPDES permit requirements will be determined for each new development within the AUAR study area.This permit requires 80 percent TSS removal and meeting existing run-off rates for the 2, 10, and 100-year storm events. Additionally, as required by the City's surface water management plan (2018), the project will be required to retain and infiltrate the 2-year, 24- Rockport AUAR Update 27 February 2022 hour rainfall event (2.8 inches).'These infiltration areas will be designed to mitigate the increase in the quantity of storm water runoff. Ponding shown in Figure 6 and Appendix A of Attachment A provide updated locations of proposed stormwater ponds. WVRP53.1 and WVR-P54.1 -WVRP54.6,which was constructed in 2021,was designed and built in accordance with the City requirements and the 2018-2027 City of Apple Valley Surface Water Management Plan . WVRP53.1 will need to be expanded or storm water re-routed as the property continues to develop north of 155th Street West. RECEIVING WATER BODIES FOR RUNOFF FROM THE SITE 2016 The site is located within the Vermillion Watershed District.The portion of the subject property that lies west of Pilot Knob Road falls within the West Vermillion River (WVR) drainage district of the City of Apple Valley.The portion of the subject parcel that lies east of Pilot Knob Road falls within the East Vermillion River (EVR) drainage district of the City of Apple Valley.The City of Apple Valley has an agreement with the City of Lakeville that the total storm water flow from Apple Valley to Lakeville will not exceed 67 cfs (Eastern and Central tracks combined). All of the area west of Pilot Knob Road is being routed into the reconstructed WVR-P443 Pond.This pond discharges into the City of Lakeville's North Creek District storm sewer system. The reason for the reconstruction of pond WVR-P443 is to improve water quality and accommodate more capacity.Within the City of Lakeville, storm water flows through the Main Branch of North Creek via pipes and eventually discharges into public water 19-349W, located east of Pilot Knob Road and North of 170th Street West. Flow continues to the southeast under 170th Street West and flows via open channel where it enters DNR Public Water 350W and converges with the West Branch of North Creek.Outflow from DNR Public Water 350W continues to the southeast just under 2 miles south of the Apple Valley City Limits. North Creek continues flowing south where it eventually enters the Vermillion River just northeast of the City of Farmington,in Empire Township. The Vermillion River is located just more than 5 miles from the point where the City of Apple Valley discharges storm water into the City of Lakeville. Water from the portion of the proposed project that is located in the EVR drainage district will eventually be routed into the newly constructed storm water management pond located on the East Parcel in what is referred to as the Cortland Development and eventually into EVR-P44 and Cobblestone Lake, the last regional storm water pond leaving Apple Valley from the EVR District. From EVR-P44,water is intermittently pumped via a 13 cfs lift station and 30" force main that discharges into DNR Protected Water 19-349W in the City of Lakeville where it merges with flow from other portions of Lakeville and the WVR drainage area.Storm water then flows via open channel to DNR Public Water 350W which is located on North Creek. Potential impacts to North Creek as a result of the lift station were studied in the Cobblestone Lake Development Final AUAR prepared by Westwood Professional Services, Inc. and published in February 2001. Source: City of Apple Valley:Surface Water Management Plan 2018-2027.httos://www.ci.apple_ valley.rnn.us/DocumentCenter/View/507/201&Surface-W ater-Management-Plan Rockport AUAR Update 28 February 2022 With the additional changes in the City of Apple Valley's storm water management system since the 2007 AUAR, it is anticipated that the quality of the water runoff will improve and the quantity will decrease.Therefore, the 2016 AUAR Update verifies that the conclusions reached in the 2007 AUAR Update remain valid. 2021 Update No update. STORMWATER ISSUES 2007 As part of the proposed development, several new regional storm water basins will be incorporated into the project area.These basins will be designed in accordance with the ponds listed in Table 17-1 above.They will be constructed to NURP standards to provide water quality treatment and sufficient live storage to reduce peak rates of runoff to those accounted for within the City's storm water management plan. Infiltration areas will be incorporated into areas as they develop to reduce the volume of runoff discharging from the site and promote groundwater recharge. 2021 Update Stormwater management BMP's will meet current and applicable City and watershed requirements. 18.Water Quality—Wastewaters a. Describe sources, quantities, and composition (except for normal domestic sewage)of all sanitary and industrial wastewaters produced or treated at the site. 2016 Sanitary wastewater will be produced at this site from the low density, medium density commercial and mixed business campus uses.Sanitary wastewater volumes were calculated using the methods described in the Service Availability Charge (SAC) Procedures Manual (Metropolitan Council Environmental Services,2015).The number of units in the residential areas was given a range, from which the maximum value was used to calculate SAC units for a worse case estimate. For residential areas, the number of SAC units was estimated by assigning 1 SAC unit (274 gallons per day) per dwelling unit and assuming maximum allowable dwelling units per acre of proposed residential land use for Scenarios 1 and 2, or the estimated number of units for the 2016 update. For the commercial and mixed business campus areas, the SAC rate was assumed to be one SAC per 2,400 square feet,which is more conservative than the standard 1 SAC per 3,000 square feet used for retail stores but reflects uses such as banks and libraries,which could potentially be developed within the subject property. 2021 Update The estimated wastewater flows are provided below in Table 18-1. It is anticipated that wasterwater volumes will be at or below these estimated levels. Table 18-1: Wastewater Generation Predicted Rockport AUAR Update 29 February 2022 Scenario _ SAC Units SAC Wastewater • Rate Units ; (Gal/day) 2016 and Multi-Family Residential 1:1 Unit 320 320 87,680 2021 Single Family Residential 1:1 unit 680 680 186,320 Mixed Business 1:2,400 3,321,000 1,384 379,216 Campus/Commercial SF Total 2,384 653,216 The estimated wastewater volumes for the non-residential land uses are as follows: Table 18-2: Estimated Sewer Flows for Non-Residential Land Uses Land Area (acres) Average Flow Total Average Flow (MGD) Use (gallons/acre/day) 2007 2007 2021 2007 2007 2021 2007 2007 2021 Comm 59 59 89 1,200 1,200 - 0.007 0.0708 0.1067 I/O 306 264 200 1,200 1,200 - 0.367 0.3168 0.24 P/I 11 11 48 1,200 1,200 - 0.013 0.0132 0.0576 O/I/C N/A 47 N/A N/A 1,200 N/A N/A 0.0564 TOTAL 0.387 0.457 0.40403 b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters(including groundwater) and estimate the impact of the discharge on the quality of the receiving waters. (If discharge may affect a lake consult "EAW Guidelines" about whether a nutrient budget analysis is needed.) 2007 Municipal sanitary sewer will be extended to the project area.There will be no on-site wastewater treatment associated with the proposed development. 2016 and 2021 Update The municipal sanitary sewer system was expanded to the portion of the Study area that have been or are currently under development.The sanitary system will be expanded, as necessary, to areas as development occurs. c. If wastes will be discharged into a sewer system or pretreatment system,identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. 2016 Wastewaters from the proposed end-use plan will be handled by the City of Apple Valley and processed at the Empire Wastewater Treatment Facility, a Metropolitan Council facility.The Empire wastewater treatment plant has a design capacity to treat 24 million gallons of wastewater per day.The plant was recently expanded and a new discharge location established on the Mississippi River in Rosemount, Minnesota. According to the Rockport AUAR Update 30 February 2022 Metropolitan Council 2040 Water Resource Policy Plan, Wastewater Flow Projections of 3.79, 3.95, and 4.12 million gallons per day (MGD) are projected for the City of Apple Valley by 2020, 2030, and 2040, respectively. According to the City of Apple Valley, there is enough system and facility capacity to handle all of the wastewater generated by the proposed end-use development plan.The Proposer anticipates that the wastewater will be consistent with other residential and mixed-use developments around the metropolitan area. Improvements will be limited to extending sanitary sewer main infrastructure through the proposed development. 2021 Update No update. 1 9.Geologic Hazards and Soil Conditions Approximate depth (in feet) to groundwater:20 minimum 40 average Approximate depth (in feet) to bedrock:50 minimum 100 average a. Describe any of the following geologic site hazards to groundwater and also identify them on the site map: sinkholes,shallow limestone formations, or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. 2007 The bedrock subcrop beneath the site is the St. Peter Sandstone.The upper part of this bedrock unit is a fine to medium-grained quarfzose sandstone that is massive to thick bedded.The lower portion of the bedrock unit contains sandstone, siltstone and shale. There are no known sinkholes, shallow limestone formations or karst conditions on the project site. Karst features typically do not develop within the St. Peter; however, bedding plane partings and other secondary porosity features may be present within the bedrock system at depth.The St. Peter sits on top of the Prairie du Chien Group which contains various layers of limestone and dolomites interbedded with thin layers of sandstone and chert. The first ground water contact beneath the site varies from approximately 900-915 feet above mean sea level over the site.The direction of flow in the surficial aquifer is from the southwest to northeast.Treated storm water will be directed to infiltration areas to encourage recharge to the groundwater table and limit the volume of storm water leaving the site. 2016 and 2021 Update Stormwater ponding and infiltration areas will be constructed in accordance with applicable rules and regulations to treat stormwater and minimize runoff, as development occurs and as needed b. Describe the soils on the site,giving SCS classifications, if known. Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. Rockport AUAR Update 31 February 2022 2007 Several soil types are found throughout the site. However, over the years mining has or will remove essentially all of the original site soils. Detailed herein are the soil types given in the original soil survey from 1981. According to the Web Soil Survey, eight soil types were originally present throughout the site;The Waukegan silt loam with slopes of 1% or less is the most prevalent soil type.Though other soil types cover a much smaller percentage of the site, most of them encompassed several acres. Wadena soils are deep,well-drained soils typically found on outwash plains and stream terraces. They are moderately permeable in the upper part and rapidly permeable in the lower part. Organic content is moderate to high. The Wadena soils formed in a loamy mantle and underlying sandy and gravelly deposits. The Salida gravelly coarse sandy loam is an excessively drained soil typically found on convex knolls and side slopes on outwash plains and stream terraces. This soil is very rapidly permeable and has a low organic content. This soil is typically formed in a thin loamy mantle underlain by calcareous sandy and gravelly deposits. The Kennebec silt loam is a deep, moderately well drained soil typically found in depressions and drainage ways on outwash plains. This soil is moderately permeable and has a high organic content. Typically, this soil is subject to occasional flooding or ponding. The Kennebec formed in silty alluvium. The Lindstrom silt loam is a deep,well-drained soil typically found in slightly concave parts of upland drainage ways and on lower foot slopes of loess-covered uplands. It is moderately permeable and has a moderate organic content. Lindstrom soils formed in silty eolian or alluvial sediments. Waukegan soils are deep, well-drained soils on outwash plains and stream terraces. They are moderately permeable in the upper part and rapidly permeable in the lower part. Organic matter contact is high. The Waukegan soils formed in a silty mantle and the underlying calcareous sandy and gravelly deposits. Kanaranzi soils are deep,well-drained and somewhat excessively drained soils typically found on outwash plains and valley trains. These soils are moderately permeable in the upper part and rapidly permeable in the lower part. Organic matter content tends to be high. These soils typically formed in silty and loamy glacial outwash sediments and the underlying calcareous, sandy deposits. Hawick soils are deep, excessively drained soils typically found on stream terraces and outwash plains. These soils are rapidly permeable in the upper part and very rapidly permeable in the lower part. Organic matter content of Hawick soils tends to be moderately low. Hawick soils formed in loamy alluvium and sandy and gravelly outwash deposits. 2021 Update See Table 19-1 for Web Soil Survey soil types within the AUAR study area. See Section 25 for information regarding prime farmland within the study area. Rockport AUAR Update 32 February 2022 Table 19-1:Soil Types Map Unit Map Unit Name Acres Prime Farmland Hydric mbol 39A Wadena loam, 0-2% 3.5 0.6% Yes No Slopes 39B Wadena loam, 2-6% 7.9 1.4% Yes No Slopes 39B2 Wadena loam, 2-6% 6.9 1.2% Yes No Slopes, eroded _ 39C Wadena loam, 6- 2.7 0.5% Farmland of No 12%Slopes Statewide Importance 42C Salida gravelly 2.1 0.4% No No coarse sandy loam, 2-12%Slopes 250 Kennebec silt loam 6.1 1.1% Yes No 301 B I Lindstrom silt loam, 6.0 1.1% Yes No 1-4%Slopes 411A Waukegan silt loam, 122.3 21.9% Yes No 0-1%Slopes r 411E Waukegan silt loam, 43.3 7.8% Yes No 1-6%Slopes 411C Waukegan silt loam, 8.0 1.4% Farmland of No 6-12%Slopes Statewide Importance 415E Kanaranzi loam, 2- 1.6 0.3% Farmland of No 6%Slopes Statewide Importance _ 415C Kanaranzi loam, 6- 3.8 0.7% No No 12%Slopes 1 611C Hawick gravelly 16.1 2.9% No No sandy loam, 6-12% slopes 611F Hawick loamy sand, 1.1 0.2% No No 20-40%slopes 1030 Pits, sand and gravel 322.8 57.8% No No 1078 Anthroportic Udorthents, 3.9 0.7% No No 2 to 9 percent slopes 20.Solid Wastes; Hazardous Wastes; Storage Tanks a. Pre-project Site Conditions-Describe existing contamination or potential environmental hazards on or in close proximity to the project site,such as soil or groundwater contamination,abandoned dumps,closed landfills, existing or abandoned storage tanks, and hazardous liquid or gas pipelines. Discuss any potential environmental effects from pre-project site conditions that would be caused or exacerbated by project construction and operation. Identify measures to avoid, minimize, or mitigate adverse effects from existing contamination or potential environmental hazards. Include development of a Contingency Plan or Response Action Plan. Rockport AUAR Update 33 February 2022 2021 Update The Minnesota Pollution Control Agency's (MPCA) What's In My Neighborhood (WIMN) database was reviewed to determine if any known contaminated properties or potential environmental hazards are located within the study area and 16 sites were identified within 200 feet of the study area (see Figure 9). Of the 16 sites, 13 have activities that are listed as active. Using the following criteria established by the Minnesota Department of Transportation (MnDOT), the sites were classified into high, medium, and low risk sites: • High risk: In general, sites with high environmental risks are properties that have documented releases of chemicals or hazardous or regulated substances (e.g., active and inactive state and federal cleanup sites, active and inactive dump sites, and active leaking underground storage tank sites), strong evidence of contamination (e.g., soil staining, stressed vegetation),or storage of large volumes of petroleum or other chemicals (e.g., bulk storage tank facilities). • Medium risk:Sites of medium environmental risk are properties where smaller volumes of petroleum, chemicals, or hazardous materials are frequently stored and used (e.g., registered underground and aboveground storage tanks, vehicle repair facilities, metal working shops), but at which no evidence of spills or releases exists, or properties with documented releases that have been "closed" (signifying no further cleanup actions deemed necessary) by the MPCA. Closed sites, such as closed leaking underground storage tank sites, are considered medium risks because residual soil or groundwater contamination may exist. • Low risk: Low environmental risk sites include properties where minor volumes of chemicals or hazardous materials have been used or stored (e.g., hazardous waste generators, and possibly some farmsteads and residences). Table 20-1: MPCA "What's in My Neighborhood?"Sites within 200 feet of Study Area Site ID Site Name Activity Program(s) and Risk (Status) Level I Hazardous Waste, Hazardous Waste 71951 Home Depot 2833 Construction Stormwater (Active), Stormwater Low (Inactive) 7719 Apple Valley Wastewater-Municipal Water Quality Low Collection System Collection System (Active) 4185 AVR Inc-Apple Air Quality Air Quality (Active) Low Valley Plant 32508 AVR Inc- r Hazardous Waste, Very Hazardous Waste Low Maintenance Shop small quantity generator (Active) 224792 Quarry Ponds 5th Construction Stormwater Stormwater(Inactive) Low and 6th Addition 148518 Quarry Pond West Construction Stormwater Stormwater(Inactive) Low 5622 Dodd Valley Estates Construction Stormwater Stormwater (Inactive) Low 149418 Fischer Mining LLC Industrial Stormwater Stormwater (Active) Medium Rockport AUAR Update 34 February 2022 Site ID Site Name Activity Program(s) and Risk (Status) Level Rich Hervieux Auto Hazardous Waste, 20648 Body Repair Minimal quantity Stormwater (Active) Low generator CSAH 42 & Embry 221048 Path Intersection Construction Stormwater Stormwater (Active) Low Improvements 140909 Cortland Construction Stormwater _Stormwater(Active) Low 148412 Cortland 3rd Construction Stormwater Stormwater (Active) Low Addition North Creek 213052 Greenway Construction Stormwater Stormwater (Active) Low Underpass Aboveground Tanks; Hazardous Waste 119752 Target Store T2390 Hazardous Waste, Very (Active, Tanks Medium small quantity generator (Active) 157th Street West & 213524 Johnny Cake Ridge Construction Stormwater Stormwater (Active) Low Road Extension 216042 Cobblestone Lake Construction Stormwater Stormwater(Active) Low Park Improvements b. Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animal manure,sludge, and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan; list type(s)and how the project will be modified to allow recycling. 2007 Typical residential and commercial/mixed use solid waste generation is anticipated for the proposed development, including metals, plastics, paper, glass and other organic material. It is not anticipated that the development will generate animal manure, sludge or ash. Toxic or hazardous materials, other than motor fuels and household cleaners, are not anticipated to be used on the project site. Table 20-2 estimates the anticipated and relative percentage of each type of solid waste (by weight). Table 20-2:Types of Solid Waste Generation Anticipated Waste Type Percentage" !.L Paper 31 Other Organics1 22 Yard Wastes 19 Other Waste2 10 Plastics 7 Metals 5 Rockport AUAR Update 35 February 2022 Waste Type Percentage' Glass 5 Special Wastes3 1 TOTAL 100 'Other Organics include such items as food wastes, textiles/clothes, woods and rubber products. 2Other Wastes include items such as inert solids and household hazardous wastes. 3Special Wastes include items such as ash, asbestos and oversized bulky wastes. Table 20-3: Waste Generation Per Household Calculation Persons Per Household 2.6 persons/household Waste generation per household 1.25 tons/household/year Residential recycling, curbside 0.21 tons/household/year Residential recycling, drop-off 0.05 tons/household/year Yard waste, composed 0.10 tons/household/year Non-Residential Waste Generation 33.44 tons/acre/year Non-Residential Recycling 2.49 tons/acre/year Calculations were completed using the above statistical information and the Development Scenario proposed for the study area. Comparisons of current and predicted potential waste generation quantities are presented in Table 20-4. Estimates related to recycling and yard waste composting are presented in the text following the table. Table 20-4:Solid Waste Generation Source Waste Generation Development Waste Generated Scenario -- - Waste generation 1.25 1,542 Households 1928 tons/year per household tons/household/year Residential 0.21 1,542 Households 324 tons/year recycling, curbside tons/household/year Residential 0.05 1,542 Households 77 tons/year recycling, drop-off tons/household/year Yard waste, 0.10 1,542 Households 154 tons/year composed tons/household/year Total residential 2,483 tons/year Non Residential 33.44 tons/acre/year 221 Acres 7,390 tons/year Waste Generation Non Residential 2.49 tons/acre/year 221 Acres 550 tons/year Recycling Total Non- Residential 7,940 tons/year Total Waste Generated 10,423 tons/year The City of Apple Valley and Dakota County encourage the sorting of solid waste into those wastes that are recyclable and those that are for landfills. Residents are provided Rockport AUAR Update 36 February 2022 with curbside recycling and solid waste disposal services through private solid waste haulers. Commercial facilities are encouraged to take advantage of recycling programs to reduce costs for solid waste trucking and disposal. Non-recycled waste will be either incinerated or hauled to the construction debris landfills in Dakota County in accordance with Dakota County Ordinances 1 10, 111 and 114 and all applicable MPCA regulations. After development, it is estimated that approximately 324 tons/year of residential solid waste would be recycled via curbside pick-up and 77 tons/year would be recycled via drop-off sites each year.The amount of recycling in the area associated given the maximum non-residential development would be estimated to be approximately 550 tons per year under proposed conditions. It is estimated that approximately 0.10 tons of yard waste per household is composted each year. Under potential development conditions, approximately 154 tons of yard waste from the study area would be composted per year. c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge, or emission, discuss any alternatives considered to minimize or eliminate the waste,discharge,or emission. Not Applicable to an AUAR. d. Indicate the number, location,size,and use of any above or below ground tanks to be used for storage of petroleum products or other materials(except water). Describe any emergency response containment plans. The Proposer does not anticipate the installation of above-or below-ground storage tanks for petroleum products or other materials. In the event that storage tank installation becomes necessary for one or more commercial businesses, these tanks will be installed according to applicable local, state, and federal regulations. 2021 Update No update. 21.Traffic Parking spaces added: Phase 1: 3,200 Full Build Out: 10,400 Estimated total Average Daily Traffic (ADT) generated: [2016] Phase 1: 20,416 Rockport AUAR Update 37 February 2022 [2016] Full Build Out: 68,540 Estimated maximum peak hour traffic generated (if known) and its timing: [2016] Phase 1: P.M. Peak Hour: 1,538 trips [2016] Full Build: P.M. Peak Hour: 6,134 trips For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact of traffic congestion on the affected roads and describe any traffic improvements which will be necessary. If the project is within the Twin Cities Metropolitan Area, discuss its impact on the regional transportation system. TRAFFIC GENERATION AND ASSUMED LAND USE 2016 The Institute of Transportation Engineers' Trio Generation Manual, Ninth Edition (ITE, Washington DC, 2012) was used to calculate trip generation estimates for the development. The ITE Trio Generation Handbook,Third Edition was used in the 2016 AUAR Update to capture trip rates within mixed-use developments. These were calculated for both the Phase I development scenario and the Full Build-out scenario (see below). Table 21-1: 2016 Update - Phase One Trip Generation with Internal and Pass-By Reductions Groat Trips ITE Weekday AMpeak PM Peak 'Type Land Use Code Size Enter Exit Enter Exit Enter Exit Residential Elderly Housing-Detached 251 480 units 883 883 37 __ 69 79 51 Residential Single Family Housing 210 100 units 476 476 19 56 63 37 Retail Shopping Center 820 38 k.s.f. 1,810 1,810 54 33 150 163 Retail F/S Discount Superstore 813 290 k.s.f. 7,359 7,359 300 236 618 643 Office Business Park 770 166.5 k.s.f. 1,036 1,036 198 35 55 155 Residential Condominium/Townhouse 230 40 units 116 116 3 15 14 7 11,680 11,680 611 444 979 1,056 23,360 1,055 2,035 Internal Trip Reducttim ITE Weekday AMpeak PM Peak Type Land Use Code_ Size Enter Exit Enter Exit Enter Exit Residential Elderly Housing-Detached 251 480 units 111 111 _ 6 11 19 13 Residential Sini le Family Housing 210 100 units 60 60 3 9 16 9 Retail Shopping Center 820 38 k.s.f. 228 228 9 5 37 40 Retail F/S Discount Superstore 813 290 k.s.f. 927 927 49 38 152 159 Office Business Park 770 166,5 k.s.f. 131 131 32 6 14 381 Residential Condominium/Townhouse 230 40 units 15 15 2 1,472 1,472 99 71 238 259 2,944 170 497 13% 16% 24% Rockport AUAR Update 38 February 2022 Driveway Trips(Gross Trips less Internal Trips) ITE Weekday AMpeak PM Peak Type Land Use ' Code Size . Enter Exit Enter Exit Enter Exit Residential Elderly Housing-Detached• 251 480 units 772 772 31 58- 60 38 Residential Single Family Housing 210 100 units 416 416 16 47 47 28 V Retail Shopping Center 820 38 k.s.f. 1,582 1,582 s 45 28 113 123 Retail F/S Discount Superstore 813 290 k.s.f. 6,432 6,432 251 198 466 484 Office Business Park 770 166.5 k.s.f. 905 905 166 29 41 117 Residential Condominium/Townhouse 230 40 units 101 101 3 13 14 7 10,208 10.208 512 373 741 797 20,416 885 1,538 • Pass-By Trip Reduction ITE Weekday AM peak PM Peak Type Land Use Code Size Enter_ Exit Enter Exit -Enter' Exit Residential Elderly Housing-Detached 251 480 units - - Residential Single Family Housing 210 100 units - - - Retail Shopping Center 820 38 k.s.f. - - - - 38 42 Retail F/S Discount Superstore - 813 290 k.s.f. - - 130 —136_ Office Business Park _ 770 166.5 k.s.f. - - - - - Residential Condominium/Townhouse 230 40 units - - - - - - - - 168 178 - - 346 0% 0% 22% Net New Trips i ITE ' Weekday I AM peak PM Peak Type Land Use Code _ Size . Enter I Exit I Enter 1 Exit Enter Exit Residential Elderly Housing-Detached 251 480 units 772 772 31 58 60 38 Residential Single Family Housing 210 100 units 416 416 16 47 47 28 Retail Shopping Center : 820 38 k.s.f. 1,582 1,582 45 28. 75 81 Retail __ F/S Discount Superstore 813 290 k.s.f. 6.432 6,432 251 198, 336 348 Office Business Park 770 166.5 k.s.f. 905 905 166 29 41 117 Residential Condominium/Townhouse 230 40 units 101 101 3 13 14 7 101208 10,208 512 373 573 619, 20,416 885 1,192 The following tables comprise the build-out land uses which include: O 100 additional single family housing units, O 598 ksf additional commercial retail (shopping center use), O 1,048.5 ksf additional business park use, O 1,020 ksf new general industrial use, and O 280 additional condo/townhouse units. Rockport AUAR Update 39 February 2022 Table 21-2: 2016 Full Build-out Trip Generation with Internal and Pass-By Reductions Gross Trips ITE Weekday AM peak i PM Peak Type Land Use Code- Size Enter Exit Enter Exit Enter Exit Residential Single Family Housing 210 _- 200 units 952 952 38 113 126 74 Industrial General Light Industrial 110 1,020 k.s.f. 3,759 3,759 _ 981 134 156 1,145 Office Business Park 770 1,215 k.s.f. 6,809 6,809 1,362 240 363 1,034 Retail Shopping Center 820 636 k,s.f. 11,302 11,302 299 183 993 1,076 Residential Elderly Housing-Detached 251 480 units 883 883 37 69 79 51 Retail F/S Discount Superstore 813 290 k.s.f. . 7,359 7,359 300_ 236 618 643 Retail Supermarket 850 160 k,s.f. 6,052 6,052 337 207 562 540 Residential Condominium/Townhouse 230 320 units 930 930 24 117 111 55 38,046 38,046 3,378 1,299 3,008 4,618 76,092 4,677 7,626 Internal Trip Reduction ITE 1 Weekday I AMpeak PM Peak Type Land Use Code I Size Enter Exit Enter Exit Enter Exit Residential Single Family Housing 210 , 200 units 94 94 4 12 36r 21 Industrial General Light Industrial 110 1020 k.s.f. 373 373 102 14 44 325 Office Business Park 770 1215 k.s.f. 676' 676 141 25 103 293 Retail Shopping Center 820 636 k.s.f. 1,122 1,122 31 19 282 305 Residential Elderly Housing-Detached 251 480 units 88 88 4 7 22 14 Retail F/S Discount Superstore 813 290 k.s.f. 730 730 31 24 _ Retail Supermarket 850 160 k.s.f. 601 601 35 21 Residential Condominium/Townhouse 230 320 units 92 92 2 12 31 16 3,776 3,776 350 134 518 - 974, 7,552 484 1,492 10% 10% 20% Driveway Trips(Gross Trips less Internal Trips) 1 ITE ! Weekday AMpeak PM Peak Type Land Use Code Size Enter Exit Enter Exit Enter; Exit Residential Single Family Housing 210 200 units , 858 _858 34 101 r 90 53 Industrial General Light Industrial 110 _ 1020 k s.f. 3,386 3,386 879 120 112 820 Office Business Park 770 1215 k.s.f. 6,133, 6,133 1,221 215 260 741 Retail Shopping Center 820 636 k.s.f. 10,180 10.180_ 268 164 711 771 Residential Elderly Housing-Detached 251 480 units 795 795 33 62 , 57 37 Retail F/S Discount Superstore 813 290 kkss.f. 6 629 6,629 269 212 618 643 Retail ,perrnarket 850 160 k.s.f. 5,451 -55,451 302 186 562 540 Residential Condominium/Townhouse 230 320 units 838 r 838 22 105 80 39 34,270 34,270 3,028 1,165 2,490 3,644 68,540 4,193 6.134 Rockport AUAR Update 40 February 2022 Pass-By Trip Reduction ITE Weekday AM,peak PM Peak Type Land Use Code Size Enter r Exit Enter Exit Enter ._Exit Residential Single Family Housing 210 200 units _ - - - - - Industrial General Light Industrial 110 1020 k.s.f. - - - - - - Office IBusiness Park 770 1215 k.s.f. - - - - - - iRetail Shopping Center 820 636 k.s.f. - 242 262 'Residential (Elderly Housing-Detached 251 480 units - - - - - - Retail F/S Discount Superstore 813 290 k.s.f. - _ - - v - - 173 180 Retail :Supermarket 850 160 k.s.f. - - - - 202 194 Residential 'Condominium/Townhouse 230 320 units - - - -. - - - - 617 636 - - 1,253 0% 0% 20% Net New Trips ITE Weekday AMpeak PM Peak Type Land Use I Code Size Enter Exit Enter Exit Enter r Exit Residential Single Family Housing 210 200 units 858 858 34 101 90 53 Industrial General Light Industrial 110 1020 k s f _ 3 386 3,386 879 120 112 820 Office Business Park 770 1215 k.s f _ 6,133 6,133 1,221 215 _ 260�741 Retail Shopping Center 820 636 k.s.f 10,180 10,180 268 164 469 509 Residential Elderly Housing-Detached 251 480 units 795 795 33 62 57 37 Retail F/S Discount Superstore 813 290 k.s_f 6,629 6.629 269 212 445 463 Retail Supermarket 850 160 k s f. 5,451 5.451 302 186 360 346 Residential 'Condominium/Townhouse 230 , 320 units 838 I 838 22 105 80 39 34.2701 34,270 3,028 1,165 1,873 3,008 68,540 4,193 4,881 2021 Update The traffic study that was completed in 2016 and the information provided along with the mitigation strategies are still valid. Further, the Proposer conducted traffic review studies at two intersections during the most recent development application process for Orchard Place Second Addition, confirming the conclusions from the 2016 traffic study. Additionally, Dakota County access spacing requirements will be adhered to when connecting to County roadways. TRAFFIC ROUTES AND TRAFFIC GENERATION UPDATES 2016 • The Dakota County 2030 Transportation Plan is now used to identify highway capacity deficiencies for the year 2030. As with the 2025 Transportation Plan, the 2030 Transportation Plan continues to identify three major roadways bordering the Fischer Sand and Aggregate site as being over capacity in 2030 (CSAH 42, CSAH 46 and CSAH 31). Two intersections still are identified as deficient in 2030 (CSAH 42 & CSAH 31, and CSAH 46 & CSAH 31). • The 2015-2019 Dakota County Capital Improvement Program identified only a signal management system improvement along CSAH 42 adjacent to the Fischer study area. This project was funded for 2015 and was to improve signal operation along Rockport AUAR Update 41 February 2022 CSAH 42 from Burnsville to Rosemount (and were accounted for in the 2016 Update of Existing conditions). No roadway improvement project has been scheduled. • The Dakota County 2030 Transportation Plan identifies the intersection of CSAH 42 and CSAH 31 as overcapacity and having the likelihood for improvement to an interchange in the future based on 2030 projected traffic volumes. • The CSAH 31 and 155th Street West (formerly called 153rd Street West) intersection has been reassigned full access intersection status. • The intersection of CSAH 31 and CSAH 46 was recommended to be an at-grade full access intersection in the interim. The Dakota County 2030 Transportation Plan identifies this intersection as overcapacity and having the likelihood for improvement to an interchange in the future based on 2030 projected traffic volumes. 2021 Update The City has identified the following planned and programmed transportation improvements in the 2040 Comprehensive Plan for the Orchard Place Area: • Connection of 155th Street West and 153rd Street West between Pilot Knob Road and Flagstaff Avenue. • Construction of a roundabout at 155th Parkway/153rd Street West at Johnny Cake Ridge Road. • Connection of Johnny Cake Ridge Road between CSAH 42 and 157th Street West. Additional public and private access roads are being considered along CSAH 42, Pilot Knob Road, and Flagstaff Avenue (see Figure 6 and Appendix A of Attachment A). These improvements will be considered and installed as development occurs across the study area and as the need arises. ADDITIONAL STUDIES 2021 Update Dakota County is conducting a visioning study on the CSAH 42 corridor, the County Highway 42 Visioning Study.The implementation of the County Highway 42 Visioning Study may change traffic and depending on the results of the study, may change planned traffic, transit, and pedestrian conditions within or near the AUAR study area. 22.Vehicle-Related Air Emissions a. Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project involves 500 or more parking spaces, consult "EAW Guidelines" about whether a detailed air quality analysis is needed). AIR QUALITY ANALYSIS Rockport AUAR Update 42 February 2022 2007 Because both scenarios will entail more than 1,000 parking stalls, an ISP (Indirect Source Permit) will be necessary prior to project construction.This Air Quality Analysis indicates that the project is expected to comply with state and federal air quality standards. Both scenarios will be phased, and an ISP will only be necessary during the Commercial/Retail phase of the development,which will be located along the northerly and easterly portions of the site.The commercial/retail phase of development itself may be phased, with early commercial development adjacent to the intersection of CSAH 31 & 153rd Street West. The Air Quality Analysis was conducted on both Scenarios 1 and 2.The traffic, air, and noise analyses were all based on the committed road network, as specified in the 2007- 2011 Dakota County Capital Improvement Program. 2021 Update No update. CARBON MONOXIDE IMPACT ANALYSIS 2007 The impacts from vehicle carbon monoxide (CO) emissions near roadway intersections affected by this project were evaluated using procedures approved by the Minnesota Pollution Control Agency (MPCA). The procedures require use of U.S. EPA's pollutant dispersion models to evaluate the maximum CO concentrations from vehicle traffic near roadways. The predicted maximum worst-case impact due to the post-development traffic was added to prorated background concentrations and compared to the Minnesota and U.S. EPA ambient air quality standards for CO. These CO ambient air quality standards are listed below: • Minnesota one-hour average: 30 parts per million (ppm); • US EPA one-hour average: 35 ppm • Minnesota and US EPA eight-hour average: 9 ppm. 2021 Update No update. BACKGROUND CO LEVELS 2007 Project build-out is expected in approximately 2020 (although 2030 traffic volumes were projected). The ambient background CO concentrations were derived from an April 12, 2004, monitoring report performed by MnDOT at the Dakota County Technical College in Apple Valley, MN. Background monitoring was conducted within approximately eight miles from the project site, and was the closest reliable site provided by the Mn/DOT Office of Environmental Services. The 2004 CO concentrations measured were 0.98 ppm (1-hour average) and 0.75 ppm (8-hour average). Rockport AUAR Update 43 February 2022 The 2004 background concentrations were adjusted to year 2030 conditions (build conditions) using an annual growth factor of three percent and the ratio of idling emissions factors between the analysis year (2017) and the year the data was recorded (2004). The 2017 background concentrations were generated as follows: 2030 one-hour background =0.98 ppm x (1.03) 2030-2004x (17.435 gm/hr/27.476 gm/hr) = 1.34 ppm. 2030 one-hour background =0.75 ppm x (1.03) 2030-2004x (17.435 gm/hr/27.476 gm/hr) = 1.03 ppm. VEHICLE EMISSIONS 2007 Motor vehicle tailpipe CO emission factors (EF) were estimated using the U.S. EPA Mobile6.2 model for the year 2030. Model assumptions were selected based on consultation with MPCA. CO emission factors for moving vehicles were generated at 35 mph for through, approaching and departing traffic on all roads, as all roads in the analysis were of similar characteristics. Idle emission factors were computed using the Mobile6.2 model in accordance with U.S. EPA guidance. The resulting emission factors for year 2030 were: • Idle- 16.152 grams per hour, and • 35 mph- 11.164 grams per mile. All Mobile 6.2 emission factors were determined for ambient air temperatures ranging between 16 and 38 degrees Fahrenheit. The worst intersection of each concept alternative based on Level-of-Service and overall volume level was analyzed for its emissions impacts. The worst intersection for both Concept 1 and Concept 2 alternatives was CSAH 46 and Pilot Knob Road. 2021 Update The Minnesota Department of Transportation (MnDOT) has developed a screening method designed to identify intersections that will not cause a carbon monoxide (CO) impact above state standards. MnDOT has demonstrated that even the 10 highest traffic volume intersections in the Twin Cities do not experience CO impacts.Therefore, intersections with traffic volumes lower than these 10 highest intersections will not cause a CO impact above state standards. MnDOT's screening method demonstrates that intersections with total daily approaching traffic volumes below 82,300 vehicles per day will not have the potential for causing CO air pollution problems. None of the intersections in the sSudy Area exceed the criteria,so it is not anticipated that the development would violate MnDOT's the air quality standards. The busiest intersection near the study are alternatives is CSAH 46 and Pilot Knob Road carries approximately 49,000 vehicles per day according to 2016 Dakota County Intersection Counts. SITE-SPECIFIC INPUTS Rockport AUAR Update 44 February 2022 2007 • The model outputs provide details of all required model inputs,including: • Site and roadway geometry, • Vehicle emissions rates for characteristic speeds along modeled roadways, • Traffic signal cycle times, • Traffic signal red phase times, • Clearance lost times, and • Post development peak-hour traffic volumes for AM and PM peak hours. Vehicle emission rates were estimated using Mobile 6.2. roadway geometry, traffic volume, and signal timing information were based on work completed by Edwards and Kelcey, Inc. (Signal timing was assumed to be optimized eight-phase, 120-second cycles with lead-lag timing, as specified by the County Traffic Engineer.) 2021 Update No update. METEOROLOGICAL INPUTS 2007 Meteorological Inputs to the CAL3QHC model include the following: • Wind Speed: 1 meter/second • Stability Class: D • Mixing Height: 1,000 meters • Surface Roughness Length: 108 centimeters (Single Family Residential Use) • Wind Directions: 180, in increments of 2 degrees 2021 Update No update. RECEPTORS 2007 Receptors chosen for modeling were located closely to the affected intersections, and any sensitive location with a 1,000-ft., radius of the chosen intersections. Therefore, the modeled CO concentrations at these receptors indicate the worst-case impact and was included in the 2007 AUAR. 2021 Update No update. MODELED CONCENTRATIONS Rockport AUAR Update 45 February 2022 2007 Table 22-1 presents the predicted one-hour and eight-hour CO concentrations at the modeled intersections. Table 22-1: Predicted Maximum Carbon Monoxide Concentrations Scenario Time Location Maximum Carbon Monoxide Concentration Period (ppm) 1-Hour Modeled 1-Hour 8-Hour Averaged Average2 1 CSAH 46 & 1.20 2.54 1.87 CSAH 31 CSAH 46 & 1.10 2.44 1.80 CSAH 31 2 AM CSAH 46 & 1.20 2.54 1.87 CSAH 31 PM CSAH 46 & 1.10 2.44 1.80 CSAH 31 Table 22-2: Modeled CO Concentrations,TH 3/CSAH 26- PM Rush Hour Receptor Maximum Concentration (ppm) Quadrant Background CO 1-hour Average 8-hour Average SE 3.0 6.3 4.4 NE 3.0 6.2 4.3 NW 3.0 6.4 4.5 SW 3.0 6.0 i 4.2 All predicted values are within the Minnesota ambient standards. No mitigation for impacts is indicated based on this analysis. Traffic volumes have changed as a result of the project. However, as previously demonstrated, the maximum CO concentrations are well below the Minnesota ambient standards.The recent changes will not adversely impact the CO concentrations as to cause an exceedance of the ambient standards. 2016 and 2021 Update No update. 23.Stationary Source Air Emissions a. Will the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? ❑Yes ®No b. Describe the types, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boiler, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EAW Guidelines for a listing) and any greenhouse Rockport AUAR Update 46 February 2022 gases (such as carbon dioxide,methane, nitrous oxide)and ozone-depleting chemicals (chloro-fluorocarbons, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride).Also describe any proposed pollution prevention techniques and proposed air pollution control devices. Describe the impacts on air quality. Not applicable. 24.Dust, Odors, Noise a. Will the project generate dust, odors,or noise during construction and/or operation? ®Yes❑No b. If yes, describe the sources, characteristics, duration,and quantities or intensity,and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. Discuss potential impacts on human health or quality of life. NOISE IMPACTS 2007 Traffic noise impacts for the project were determined using monitoring and computer modeling. Post-development noise levels were determined at eight residential areas (receptors) near the project site. Receptor locations are shown in Exhibit X. The noise levels were predicted using the MINNOISE model. Monitoring was conducted to determine existing noise levels and to calibrate the model for the study locations. Existing and no-build noise levels were found to exceed noise standards. The project, while expected to result in decreases in noise associated with site-generated traffic compared to no-build conditions,will still exceed standards in many locations. The analysis demonstrates that noise levels at receptors located along Flagstaff will not exceed State noise standards for either Build Scenario. The analysis also shows that noise levels at receptors located along CSAH 42, CSAH 31, or CSAH 46 will exceed State noise standards during both No Build and Build Scenarios. However, Minnesota Statutes, Section 116.07, Sub. 2a, exempts noise from local and county roads from the requirements of these noise rules unless full control of access to the road has been acquired. MINNESOTA NOISE STANDARDS Minnesota Rules Chapter 7030 provide the Minnesota standards for noise.These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of health and welfare.These standards are designed to be consistent with sleep, speech, annoyance, and hearing conservation requirements for receivers within areas grouped according to land use activities.The Minnesota standards are as follows: Table 24-1:Minnesota Noise Standards 7:00 AM to 10:00 PM 10:00 PM to 7:00 AM Lio Lso Lio Lso NAC-1 (Residential) 65 60 55 50 Rockport AUAR Update 47 February 2022 NAC-2(Commercial) _ 70 65 70' 65 NAC-3(Industrial) 80 75 80 75 L10 means the sound level which is exceeded for 10 percent of the time for a one-hour period. L50 means the sound level which is exceeded 50 percent of the time for a one- hour period.Sound levels are expressed in dBA.A dBA is a unit of sound level expressed in decibels and weighted for the purpose of approximating the human response to sound. Minnesota Statutes,Section 116.07, Subd. 2a, exempt noise from local and county roads from the requirements of these noise rules unless full control of access to the road has been acquired. 2016 and 2021 Update No update. MINNOISE MODEL 2007 The MINNOISE model used in this analysis is a modified (modified by the Minnesota Department of Transportation) version of the Federal Highway Administration's Optima/Stamina model that is used to predict noise levels from highway projects and to assist with the development of noise barriers. Noise level predictions were predicted based on the following data and assumptions: • Traffic noise levels were predicted based on constant operating speeds of 55 miles per hour on CSAH 31, 50 miles per hour on CSAH 42 and CSAH 46, and 40 miles per hour on Flagstaff Avenue. Traffic on local streets within the development was ignored. • The noise analysis was completed for the nighttime, A.M. and P.M. peak traffic hours. • Traffic data for year 2030 for the study were generated, and are included in Exhibits X and X. • The analysis assumed acoustically soft ground cover between the roadway and all receptor locations (alpha =0.5). • Atmospheric effects on noise levels were ignored. • Noise levels were predicted at eight receptor sites,which are shown in the Appendix. • Post development noise was modeled for eight receptor locations using a truck traffic vehicle mix of 2.0 percent medium trucks and 3.0 percent heavy trucks. Eight noise-sensitive receptor locations were chosen for this analysis. Receptor locations were selected to represent residential areas near each of the major roadways bordering the site. The receptor locations are shown in Exhibit X. The following list indicates where Rockport AUAR Update 48 February 2022 receptors were located: • R1 = Excelsior Drive south of CSAH 46 • R2 = 157th Street West (extended) east of CSAH 31 • R3 = north side of CSAH 42 midway between Johnny Cake Ridge Road &CSAH 31 • R4 = east side of Flagstaff north of 157th Street West • R5 = Embry Path north of CSAH 42 • R6 =south side of CSAH 42 midway between Johnny Cake Ridge Road & Flagstaff • R7 =west side of Flagstaff south of 158th Street West • R8 = north side of CSAH 46 midway between Flagstaff and Finch Avenue Receptors are located 60-200 feet from the centerlines of the adjacent road. Three monitored time periods are shown-NT refers to Nighttime (6:00-7:00 a.m.); AM refers to the AM Peak Hour (7:00-8:00 a.m.); and PM refers to the PM Peak hour (5:00 to 6:00 p.m.). These monitored levels were also used to calibrate the MINNOISE model for predicting future noise levels. Table 24-2: Noise Monitoring vs. Noise Monitoring Results Monitored Noise Levels Modeled Noise Levels (dBA) Difference (dBA) Site #/Time (dBA) Lso L50 Lio Lso Lio L50 R R 1 NT 76.0 70.0 74.8 66.9 1.2 3.1 RI AM 77.5 70.5 76.6 68.8 0.9 1.7 R 1 PM 77.0 71.5 74.3 68.2 2.7 3.3 R2 NT 77.5 67.0 M 74.1 66.3 3.4 0.7 R2 AM 77.5 69.5 77.0 69.3 0.5 0.2 R2 PM 74.5 65.5 73.8 67.1 0.7 -1.6 R3 NT 64.0 57.0 65.8 58.2 -1.8 -1.2 R3 AM 66.5 60.5 69.3 63.2 -2.8 -2.7 R3 PM 1 67.5 64.5 66.6 61.6 0.9 2.9 R4 NT 57.0 52.0 56.2 50.1 0.8 1.9 R4 AM 57.0 52.0 58.3 49.1 -1.3 2.9 T R4 PM 55.0 51.0 56.0 46.7 -1.0 4.3 R5 NT 73.5 65.0 72.1 62.9 1.4 2.1 R5 AM 75.0 70.0 75.2 67.2 -0.2 2.8 R5 PM 74.5 69.5 73.7 66.9 0.8 2.6 R6 NT 74.5 67.0 75.1 67.0 -0.6 0.0 Rockport AUAR Update 49 February 2022 Monitored Noise Levels Modeled Noise Levels (dBA) Difference (dBA) Site #/Time (dBA) Lio Lso Lio Lso Lio Lso R6 AM 73.5 68.0 75.7 67.9 -2.2 0.1 R6 PM 74.5 69.5 75.7 69.8 -1.2 -0.3 R7 NT 66.0 53.0 62.7 52.8 3.3 0.2 R7 AM 68.5 60.0 68.1 58.4 0.4 1.6 R7 PM 67.0 60.5 68.2 58.2 -1.2 2.3 R8 NT 77.0 70.0 76.4 68.2 0.6 1.8 R8 AM 76.5 69.5 75.1 67.0 1.4 2.5 R8 PM 75.5 70.5 74.6 68.3 0.9 2.2 denotes Noise Metric recorded above MPCA Standards DISCUSSION The analysis demonstrates that noise levels at receptors along county roads exceed the state noise standards. The Build scenarios also reflect this finding. Conversely, the adjusted noise levels along Flagstaff Avenue (a city street) will not exceed state noise standards. Nevertheless, the project is expected to result in overall decreases in noise associated with site-generated traffic after construction. This is primarily due to the area wide shift away from heavy truck traffic as the nearby sand and aggregate quarries are redeveloped into their end use plans. Even though the traffic volume will increase by year 2030, the overall percentage of heavy vehicles will decrease, thus leading to an improvement in noise impacts. Table 24-3 shows the modeled No Build and the two Build Scenario noise levels at each of the receptor locations located along adjoining arterial roadways. The differences between the No Build and each of the two Build scenarios are tabulated for comparison purposes. Many of the differences are less than 3 dBA,which is considered imperceptible by the human ear. The remaining differences are between 3 and 6 dBA, which is generally considered a minor noise level change. Nevertheless, there are a few locations where the improvement in noise impacts will be greater than 6 dBA and will be noticeable by the human ear. Rockport AUAR Update 50 February 2022 Table 24-3: Noise Monitoring vs. Noise Modeling Results (Year 2030) Site #/ No-Build Noise Concept 1 Difference Concept 2 Difference Time Levels (dBA) Noise Levels between No- Noise Levels between No- (dBA) Build & (dBA) Build & Concept 1 Concept 2 (dBA) (dBA) Lio L50 Lio L50 Lso L50 Lio L50 Lio L50 R 1 AM 73.5 67.5 74.2 68.6 -0.7 -1.1 74.2 68.6 -0.7 -1.1 RI PM 73.0 66.6 74.1 68.3 -1.1 -1.7 74.1 68.3 -1.1 -1.7 R2 AM ® 69.1 77.6 72.6 -2.4 ® 77.5 ® -2.3 -3.4 R2 PM 73.5 67.1 77.6 72.7 -4.1 -5.6 77.5 72.6 -4.0 -5.5 R3 AM 68.5 63.0 69.7 64.8 -1.2 -1.8 69.6 64.6 -1. 1 -1.6 R3 PM 68.2 62.6 69.8 64.9 -1.6 -2.3 69.7 64.8 -1.5 -2.2 R4 AM 62.5 53.8 63.3 54.8 -0.8 -1.0 63.5 ® -1.0 -1.4 R4 PM 63.7 55.0 64.7 56.5 -1.0 -1.5 65.3 57.3 -1.6 -2.3 Fara 68.6 63.2 69.3 64.2 -0.7 -1.0 69.3 64.2 -0.7 -1.0 R5 PM 68.5 63.1 69.9 65.1 -1.4 -2.0 69.8 65.0 -1.3 -1.9 R6 AM 70.8 64.9 71.8 66.3 -1.0 -1.4 71.6 66.1 -0.8 -1.2 R6 PM 70.9 64.9 72.6 67.4 -1.7 -2.5 72.5 67.2 -1.6 -2.3 R7 AM 61.2 52.4 63.3 55.3 -2.1 -2.9 63.8 55.9 -2.6 -3.5 R7 PM 57.1 46.6 62.5 53.8 -5.4 -7.2 65.0 57.1 -7.9 -10.5 R8 AM 68.0 62.1 68.4 62.7 -0.4 -0.6 68.4 62.7 -0.4 -0.6 R8 PM 67.4 61.3 67.9 62.0 -0.5 -0.7 67.9 62.0 -0.5 -0.7 GRAVEL MINE OPERATIONS IMPACT The existing gravel mine operations are well developed and located sufficiently low within the boundaries of the operation such that noise generated within the mine work area is shielded from nearby receptors by the tall walls of gravel that have developed over the years of operations. The noise generated within the existing mine work area is negligible. CONSTRUCTION ACTIVITY NOISE Noise levels may increase locally during construction of the project, but construction activity noise levels are expected to be similar to noise levels generated by the existing gravel mining operation. The noise levels on and adjacent to the site will vary considerably depending on the pieces of equipment being operated simultaneously, the percent of time in operation, and the distance from the equipment to the receptors. It is anticipated that most construction activities will be confined to the hours between 7:00 A.M. and 7:00 P.M. and that a number of machines could potentially be operating simultaneously. Rockport AUAR Update 51 February 2022 DUST AND ODORS During the project development dust emissions will occur as grading and construction activity proceeds. Once construction is completed, all disturbed areas will be paved, landscaped or restored with vegetation in accordance with approved development and landscaping plans. It is not anticipated that the site will generate dusty conditions during normal, post development uses. Therefore, it is not expected that fugitive dust will be generated in quantities considered objectionable. The Proposer also does not anticipate that the development will generate any significant odors. 2016 Traffic noise impacts for the project were determined in 2007 using monitoring and computer modeling. Post-development noise levels were determined at eight residential areas (receptors) near the project site. The noise levels were predicted using the MINNOISE model. Monitoring was conducted to determine existing noise levels and to calibrate the model for the study locations. Existing and no-build noise levels were found to exceed noise standards. The project, while expected to result in decreases in noise associated with site-generated traffic compared to no-build conditions,will still exceed standards in many locations. The analysis demonstrates that noise levels at receptors located along Flagstaff will not exceed State noise standards for either Build Scenario. The analysis also shows that noise levels at receptors located along CSAH 42, CSAH 31, or CSAH 46 will exceed State noise standards during both No Build and Build Scenarios. However, Minnesota Statutes, Section 116.07, Subd. 2a, exempts noise from local and county roads from the requirements of these noise rules unless full control of access to the road has been acquired. 2021 Update No update. 25.Nearby Resources Are any of the following resources on or in proximity to the site: a. archaeological, historical,or architectural resources? EYes No _ iu A cultural resources database review of this property was completed by the State Historical Preservation Office (SHPO) to determine if any known archeological, historical or architectural resources were present on or near the site. The 2007 SHPO response indicated that there are no archaeological sites identified in the search areas. There were two listing for historical properties identified near the subject property. These include the Mendota-Big Sioux River Road,which runs through Apple Valley in essentially the alignment of Dodd Boulevard,which runs just south of the site. The other historical feature is the Lebanon Cemetery. This cemetery was established in 1863 and encompasses approximately ten acres in the northeast quadrant of CSAH 42 and Pilot Knob Road. The cemetery will not be impacted by the proposed project. Rockport AUAR Update 52 February 2022 On August 3, 2016, Westwood conducted a review of files at the Office of the State Archaeologist and the State Historic Preservation Office (SHPO) as well as requesting a database review by SHPO.The findings of the 2007 AUAR remain valid. SHPO responses are provided in Attachment B. 2021 Update No update. b. prime or unique farmland? ®Yes ❑No 2016 Prior to mining activity on the site, the site contained approximately 487 acres of soils designated by the US Soil Conservation Service as Prime Farmlands. The Prime Farmland soils accounted for approximately 82%of the original site. Mining activity has been completed within the majority of the AUAR study area. To the degree possible, topsoil materials have been stockpiled on-site for use in eventual project area restoration and redevelopment. 2021 Update The site contained approximately 208 acres of soils designated by the US Soil Conservation Service as Prime Farmland or Farmland of Statewide Importance.This accounts for approximately 37%of the original site.See Table 19-1 for soil types and acres within the AUAR study area. Nearly the entire original study area had been or is currently being mined for non-metallic aggregate by Proposer's tenant. c. designated parks, recreation areas, or trails? ®Yes ❑No 2021 Update There are several parks located adjacent to the AUAR study area. Additionally, the Orchard Place Master Plan includes several trails, open space amenities, and greenway corridors.This land use plan features relatively large green spaces and corridors to allow for stormwater infiltration and collection in the regional basin areas. Additionally, several parks have recently been constructed in and in close proximity to the study area, including a park that has been constructed on the East Parcel. d. scenic views and vistas? ❑Yes ®No e. other unique resources? ❑Yes ®No f. If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. No change to the proposed mitigation measures. Rockport AUAR Update 53 February 2022 26.Visual Impacts a. Will the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) EYes ®No 27.Compatibility and Plans a. Is the project subject to an adopted local comprehensive land use plan or any other applicable land use,water, or resource management plan of a local, regional,state,or federal agency? ®Yes❑No b. If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s),and explain how any conflicts between the project and the plan(s)will be resolved. If no, explain. The AUAR must include a statement of certification from the RGU that is comprehensive plan complies with the requirements set out at 4410.3610, subpart 1. The AUAR document should discuss the proposed AUAR area development in the context of the comprehensive plan. If this has not been done as part of the responses to items 6, 9, 19, 22, and others, if must be addressed here;a brief synopsis should be presented here if the material has been presented in detail under other items. Necessary amendments to comprehensive plan elements to allow for any of the development scenarios should be noted. If there are any management plans of any other local, state, or federal agencies applicable to the AUAR area, the document must discuss the compatibility of the plan with the various development scenarios studied, with emphasis on any incompatible elements. 2021 UPDATE EXISTING PRIMARY ZONING Property within the study area is currently zoned "SG" (Sand and Gravel) and will be rezoned, as needed, in a manner consistent with the AUAR, market conditions and absorption rates, and with other land uses in and around the study area. 2040 COMPREHENSIVE PLAN In 2020, the City of Apple Valley adopted their 2040 Comprehensive Plan ("2040 Update") and the proposed land uses have been incorporated into the 2021 AUAR Update. This 2040 Update envisions dedicating the West Parcel towards the area described in the Orchard Place Master Plan, a high-quality office, commercial, light manufacturing, and research and development setting. Under the 2040 Update, the guidance on the West Parcel was revised to Mixed Business Campus (MBC), Park and Open Space, Commercial, Low Density Residential, Medium Density Residential, and High Density Residential.The East Parcel guidance remains unchanged. The Orchard Place Master Plan ("Master Plan") proposes 262 acres, including a large portion of the AUAR study area, for non-residential employment-based uses.The Master Rockport AUAR Update 54 February 2022 Plan was commissioned by Proposer for purposes of studying various proposed end uses and it serves as a basis for some of the guidance contained in the City's 2040 Update. COMPATIBILITY WITH PLANS AND LAND USE REGULATIONS Under the Master Plan, the ponds will address the stormwater of Proposer's development and will also provide a neighbor and regional amenity that is consistent with The City of Apple Valley's Surface Water Management Plan. Several open space parks surrounding waterbodies could include public trails to serve the development as well as the City's park at the south edge of the property. These types of open spaces are consistent with the City's current park system plans. It is anticipated that the Dakota County North Creek Greenway trail system will transect the Property, entering the Property at 157th Street West and traveling northwesterly along the proposed 155th Street West and 153rd Street West corridors (Appendix A of Attachment A). The City and Dakota County are currently working with the Proposer to identify the specific route and acquire the required right-of-way for this regional trail system. It is also anticipated that where practical, the Proposer will connect to existing public trails to enhance access to amenities,such as waterbodies, sidewalks, and the City's park system. The North Creek Master Plan (the "Plan") identifies several segments for greenway trail development. Segment 2 lies within Apple Valley between 140th Street West and the Lakeville city limit. As proposed in the Plan, a portion of this segment runs through the Proposer's property: entering the site at a proposed grade-separated crossing of CSAH 42 approximately one-quarter mile east of Flagstaff; then progressing southeasterly to a proposed grade separated crossing of 153rd Street West, to Regatta Park; then continuing to a proposed grade-separated crossing of Johnny Cake Ridge Road; then easterly to the 157th Street Transit Station and Quarry Point Park to an existing grade- separated crossing of Pilot Knob Road. As stated in the Plan, as adopted by the Dakota County Board of Commissioners (10/18/1 1) and as approved by the Metropolitan Council (01/25/12), "...This area affords the opportunity to integrate the greenway into new development. The greenway has the potential to be a prototype for future suburban greenways by integrating new parks, stormwater treatment and grade separated crossings into the greenway corridor..." The Proposer, the City and the County are incorporating the Plan as the project site develops. For the most part, the lands surrounding the study area have been developed into single- family residential developments, but also include the Lebanon Hills Cemetery. Lands located east of the East Parcel are developed into low-density residential neighborhoods. To the south of the East Parcel, the Cobblestone Lake development includes a mixture of low-to medium-density residential neighborhoods, neighborhood service businesses and a mixed-use retail development, including a Super Target store. To the west of the West Parcel, the land has been developed into single-family residential homes and includes a mixed-use retail development with a The Home Depot store. South of the West Parcel are single-family residential neighborhoods located in the City of Lakeville, a public park proposed by the City of Apple Valley and a Minnesota Valley Rockport AUAR Update 55 February 2022 Transit Station. Storm water from both parcels will,for the most part, be contained on-site and will be treated by the City of Apple Valley in accordance with the City's Storm Water Management Plan. Portions of the Property have been or are being developed into single-family residential developments. On a portion of the West Parcel adjacent to 157th Street West and Pilot Knob Road, a commercial development is being considered. This commercial development is across Pilot Knob Road from a commercial development in the Cobblestone Lake development anchored by a Super Target. The proposed end-use plan is consistent and compatible with adjoining land uses and no land use conflicts are anticipated. 28.Impact on Infrastructure and Public Services a. Will new or expanded utilities, roads,or other infrastructure, or public services be required to serve the project? ®Yes❑No b. If yes, describe the new or additional infrastructure/services needed. (Any infrastructure that is a "connected action"with respect to the project must be assessed in this EAW;see "EAW Guidelines"for details.) This item should first of all summarize information on physical infrastructure presented under other items(such as 6, 18, 19, and 22). Other major infrastructure or public services not covered under the other items should be discussed as well. As noted above and in the "EAW Guidelines,"the RGU must be careful to include project-associated infrastructure as an explicit part of the AUAR review if it is to be exempt from project-specific review in the future. Public and private infrastructure improvements will need to be constructed in association with this end-use plan. These include roadways, traffic signals, the storm water system, electrical lines, telephone lines, and continued improvements and upgrades to the sanitary sewer system and water supply system as detailed in applicable plans and policies adopted by the City of Apple Valley and Dakota County. Impacts and mitigation related to the public improvements that are directly associated with the FSA end-use plan are discussed throughout this document. Infrastructure planned to serve the proposed development area and adjacent development includes: 1. Up to 50 acres of storm water ponding. 2. Municipal water, sanitary sewer and storm sewer lines sized to appropriate specifications and constructed to serve the development area. 3. Various other infrastructure improvements include the trail system, neighborhood parks, and telephone, electric and natural gas lines. The green space will be Rockport AUAR Update 56 February 2022 incorporated into the regional trail system to enhance the recreational opportunities for residents and visitors to the City of Apple Valley. 4. The proposer is working with the City of Apple Valley on a plan for a series of minor collector streets within the Property, as needed. As end use development occurs from south to the north across the active mining area, Johnny Cake Ridge Road will serve as a major north/south collector street connecting CSAH 46 and CSAH 42 through the Property with existing signalization at both intersections. Eventually a major arterial collector street will transect the Property east to west connecting Pilot Knob Road with Flagstaff Avenue, again,will signalization at those intersections. 5. The City of Apple Valley, Dakota County, and the Proposer are working to accommodate a tunnel project under Pilot Knob to accommodate pedestrian and bicycle traffic safely under Pilot Knob and facilitate a connection of the Dakota County Greenway Corridor Project to the City of Apple Valley's park and trail system. 2021 Update Infrastructure improvements have been described in the sections above and are being constructed consistent with development needs, City ordinances, and other applicable rules and regulations.. 29.Related Developments; Cumulative Impacts Minnesota Rule part 4410.1700,subpart 7, item B requires that the RGU consider the "cumulative" potential effects of related or anticipated future projects when determining the need for an environmental impact statement. Identify any past, present, or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is a potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere in this form). This item does not require a response for an AUAR with respect to cumulative impacts of potential developments within the AUAR boundaries, since the entire AUAR process is intended to deal with cumulative impacts from related developments within the AUAR area; it is presumed that the responses to all items on the EAW form encompass the impacts from all anticipated developments within the AUAR area. However,the questions of this item should be answered with respect to the cumulative impacts of development within the AUAR boundaries compared with past, present,and reasonably foreseeable future projects outside of the AUAR area,where such cumulative impacts may be potentially significant. Rockport AUAR Update 57 February 2022 2016 EQB guidelines indicate that no response to Section 29 is necessary because the entire AUAR process deals with the cumulative impacts from related developments within the AUAR area, Cumulative effects of this and future projects on natural resources and infrastructure are expected to be roughly proportional to the impacts discussed in this AUAR. The City of Apple Valley has planned for future growth and development as part of the Land Use Plan (the City's 2030 Comprehensive Plan (2009)), Surface Water Management Plan (2007), and Transportation Plan (2030 Comprehensive Plan). These efforts ensure that the cumulative impacts of future growth and development to the environment, and to the City's service capacity, are anticipated and mitigated. Surrounding parcels are mostly developed or graded for development, so the only potential projects in the area would likely be re-development projects. Because neighboring lots are largely developed, and redevelopment is based on market drivers and conditions, the timing of future redevelopment can be difficult to predict. The City's Comprehensive Plan anticipates and guides the intensity of development within the city and direct necessary infrastructure improvements to support future development projects.These planning efforts serve to avoid and mitigate potential cumulative environmental effects from projects that may be completed within the same general geographic area and timeframes. Because of these planning efforts, and developed condition of surrounding parcels, there were no changes to this question as a result of the 2016 update. 2021 Update Cumulative effects of this and future projects on natural resources and infrastructure are expected to be roughly proportional to the impacts discussed in this AUAR. The City of Apple Valley has planned for future growth and development as part of the 2040 Comprehensive Plan Update, 2018-2027 Surface Water Management Plan, and 2040 Transportation Plan.These efforts ensure that the cumulative impacts of future growth and development to the environment, and to the City's service capacity, are anticipated and mitigated. 30.Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28, identify them here, along with any proposed mitigation. Other adverse environmental impacts are not anticipated as a result of the proposed development. 2021 Update No update. 31 .Summary of Issues List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or Rockport AUAR Update 58 February 2022 may be considered for these impacts and issues,including those that have been or may be ordered as permit conditions. 2021 Update The key impact categories that changed since the 2016 AUAR are summarized in the following table Item Number 'I Description of 2016 Update Changes Item 7: Project A new development scenario has been created based on the 2040 Magnitude Comprehensive Plan. Item 11: Fish, A 2018 record for the rusty patched bumble bee(Bombus affinis), a Wildlife,and federally listed endangered species,is located within the AUAR study Ecologically area. Sensitive Resources Item 12: Physical The DNR public waters inventory no longer identifies a regulated Impacts to Water waterway within the site. Resources Some wetland impacts ap pear ppear to have occurred within the AUAR study area since 2007. Item 13: Water Use Water use projections have gone down due to the overall reduction in project magnitude. Item 17: Water Development on the East Parcel since the 2016 AUAR has incorporated Quality:Surface regional stormwater ponding consistent with the City's Surface Water Water Runoff Management Plan and NURP standards. Additionally,the latest scenario proposes the creation of several stormwater management ponds. Item 18: Water Wastewater projections have gone down due to the overall reduction in Quality: project magnitude. Wastewaters 1 Item 20: Solid Projections for solid waste generation have gone down from the Wastes previous AUAR due largely to the reduction in project magnitude proposed by the latest scenario. Item 25: Nearby Several parks located adjacent to the AUAR study area have been Resources constructed since 2016. Item 27: In 2020,the City of Apple Valley adopted their 2040 Comprehensive Compatibility and Plan and the proposed land uses have been incorporated into the 2021 Plans AUAR Update. 32.Mitigation Plan Introduction The Mitigation Plan is used by the City of Apple Valley to guide development of Rockport site through avoidance, minimization, and/or mitigation of environmental impacts.The plan is not intended to modify the regulatory agencies' responsibilities for implementing their respective regulatory programs, or to create additional regulatory requirements. Rockport AUAR Update 59 February 2022 There were no impacts or mitigation strategies identified in Items 1 through 7, Item 9, Iteml O, Item 25, Item 26, and Items 28 through 31; therefore, these areas are not included in the Mitigation Plan.The remaining AUAR items have identified regulatory requirements and/or mitigation measures that reduce the level of potential impact of development within the study area.There are no impacts that cannot be mitigated by the mitigation measures identified herein. Elements of the 2007 Mitigation Plan and 2016 Mitigation Plans that have been completed or updated to date include the following: • Item 11. Fish,Wildlife, and Ecological Sensitive Resources-Development on the East Parcel since the 2016 AUAR has incorporated lakescaping and ponding consistent to provide potential habitat for wildlife. • Item 17.Water Quality: Surface Water Runoff-Development on the East Parcel since the 2016 AUAR has incorporated regional stormwater ponding consistent with the City's Surface Water Management Plan and NURP standards. • Item 27. Land Use-The City of Apple Valley has provided Metropolitan Council the opportunity to review the city's 2040 comprehensive plan update to ensure compatibility. The City will continue to implement Mitigation Plan as the remaining portions of the Fischer Sand and Aggregate Site are developed. 1. PROJECT TITLE THROUGH 7. PROJECT MAGNITUDE DATA No mitigation was identified in these sections. 8. PERMITS AND APPROVALS REQUIRED-MITIGATION PLAN Table 32-1: Required Permits and Approvals Unit of Government Type of Application Status City of Apple Valley Comprehensive Plan To be applied for;if needed Amendment Sewage Treatment System To be applied for Closure AUAR Mitigation Plan Update In process Adoption PUD/Platting Approval To be applied for, if needed Building Permits To be applied for Municipal Water Connection To be applied for Permit Natural Resources To be applied for Management Permit Sanitary Sewer Connection To be applied for Permit Wetland Exemption To be applied for Certification Land Use Applications, To be applied for, if needed including but not limited to Rockport AUAR Update 60 February 2022 „,Unit of Government Type of Ap•licatio Status rezonings, variances, site plan review, etc. Dakota County Right of Way Permits To be applied for, if needed Hazardous Waste Generator To be applied for Closure Contamination/Assessment To be applied for Plan Well Installation and To be applied for Abandonment Contiguous Plat Review To be applied for Metropolitan Council/ Comprehensive Plan To be applied for;if needed Environmental Services Amendment Sanitary Sewer Connection To be applied for Permit _ I Minnesota Pollution Control NPDES/General Storm Water To be applied for Agency Permit Sanitary Sewer Extension Permit To be applied for Minnesota Department of Water Appropriations Permit To be applied for;if needed Natural Resources Public Waters Work Permit To be applied for;if needed Utility License To be applied for; if needed Minnesota Department of Water Main Extension Approval To be applied for Health US Army Corps of Engineers Letter of No Jurisdictional To be applied for; if needed Wetland 9. LAND USE No mitigation was identified in this section. 10. COVER TYPES No mitigation was identified in this section. 11. FISH,WILDLIFE,AND ECOLOGICAL SENSITIVE RESOURCES-MITIGATION PLAN • Responsible Parties: City of Apple Valley, Dakota County, Project Developer and Construction Contractor • Agencies Involved: City of Apple Valley, VRJPMO, and Dakota County SWCD • Regulatory Program: Not Applicable • Implementation Timeframe: 2014-2026 The creation of ponding, native landscaping, and lakescaping along the shorelines of water bodies, as needed to facilitate the development, will collectively provide potential habitat for wildlife. Creation of up to 50 acres of storm water ponding areas and 20-30 acres of park with naturalized vegetation is expected to increase and improve wildlife habitat and perennial groundcover after development.This includes buffer areas around areas that may Rockport AUAR Update 61 February 2022 discharge water off the site toward the North Creek. Mitigative actions aimed at reducing potential impacts on downstream waters will include: • NURP (National Urban Runoff Program) ponds designed to treat runoff from the developed areas, removing both suspended solids and phosphorous; • Infiltration swales to promote storm water infiltration and reduce volume of runoff from the site; • Flood storage volumes to provide rate control to meet VRJPMO and City of Apple Valley storm water management requirements; • Skimmer structures at all outlets; • Filter strips around water bodies; and Construction Storm Water Pollution Prevention Plan and incorporation of standard erosion and sedimentation control measures such as temporary sedimentation basins, rock construction entrances, silt fence, seeding and mulching, stabilization of stockpiles, stockpiles located away from storm sewer inlets, silt stacks at catch basins and rip/rap at outlets. Except where noted, the conclusions reached in the 2007 and 2016 AUAR for this Section remain valid for the 2021 update. No change to the mitigation plan is proposed. 12. PHYSICAL IMPACTS ON WATER RESOURCES-MITIGATION PLAN 2021 Update The DNR public waters inventory no longer identifies a regulated waterway within the site. 13.WATER USE-MITIGATION PLAN • Responsible Parties: City of Apple Valley, Project Developer and Construction Contractor • Agencies Involved: City of Apple Valley, Dakota County, Minnesota Department of Health and the Minnesota Department of Natural Resources Regulatory Program: Dakota County Ordinance 114, Minnesota Department of Health • Regulatory Program:Water Well Regulations, and Minnesota DNR Water Appropriation Rules • Implementation Timeframe:2014-2026 Existing wells will be sealed and abandoned in accordance with Minnesota Department of Health Regulations prior to site development. If construction dewatering is required, DNR water appropriations permits will be obtained prior to conducting the dewatering activity. Because the City of Apple Valley has and continues to plan for adequate water supply to serve projected growth resulting from this and other future Projects, no mitigation measure are required to minimize the effects on the municipal water supply. Water saving devices, such as reduced flow shower heads and aerators with flow control that are standard to new Rockport AUAR Update 62 February 2022 construction will also be incorporated into this development, in an effort to achieve overall water conservation. 14. WATER RELATED LAND USE MANAGEMENT DISTRICTS-MITIGATION PLAN • Responsible Parties: City of Apple Valley, Project Developer and Construction Contractor • Agencies Involved: City of Apple Valley, Dakota County, Minnesota Department of Health and the Minnesota Department of Natural Resources Regulatory Program: Dakota County Ordinance 114, Minnesota Department of Health • Regulatory Program: VRJWPO Standards • Implementation Timeframe:2014-2026 The development will adhere to applicable regulations and requirements within VRJWPO standards. 15. WATER SURFACE USE-MITIGATION PLAN • Responsible Parties: City of Apple Valley, Dakota County, Project Developer and Homeowners Association • Agencies Involved: Not Applicable • Regulatory Program: Not Applicable • Implementation Timeframe: 2014-2026 Because the Project does not impact the number or type of watercraft on any water body or adjoining recreational water body, no mitigation plan is needed. It is not anticipated that water bodies within the study area will be compatible with or suitable for use by watercraft. Rockport AUAR Update 63 February 2022 16. EROSION AND SEDIMENTATION -MITIGATION PLAN • Responsible Parties: City of Apple Valley, Project Developer and Construction Contractor • Agencies Involved: City of Apple Valley, Dakota County SWCD and Minnesota Pollution Control Agency • Regulatory Program: Apple Valley Ordinance Chapter 150/153, NPDES General Permit for Construction Activities • Implementation Timeframe:2014-2026 Development of the site will occur under a NPDES permit and storm water pollution prevention plan. Portions of the site already operate under a pollution prevention plan as part of the sand and gravel mining operations. A NPDES permit for construction activity will be obtained for development of the site. BMPs (Best Management Practices) specific to the grading and construction activities will be implemented at that time.These BMPs will include sediment control and soil stabilization practices as required in the NPDES Permit. In addition, grading drainage and erosion control plans will be prepared as each portion of the project is planned for development.These plans will meet the City of Apple Valley requirements adopted to ensure that construction activities do not create adverse and potentially irreversible impacts on water quality or environmentally sensitive lands.The NPDES Storm Water Pollution Prevention Plan and compliance to City standards will minimize or eliminate potential adverse impacts from construction related sediment and erosion on water quality to the extent practical. Except where noted, the conclusions reached in the 2007 and 2016 AUAR for this Section remain valid for the 2021 update. No change to the mitigation plan is proposed. 17. WATER QUALITY: SURFACE WATER RUNOFF-MITIGATION PLAN • Responsible Parties: City of Apple Valley, Project Developer and Construction Contractor • Agencies Involved: City of Apple Valley and Vermillion River JPO • Regulatory Program: Apple Valley Code Section 155.350, Apple Valley Surface Water Management Plan (2018), and Vermillion River Watershed Plan and Developers Subdivision Agreements Plan (2006), and Vermillion River Watershed Plan and Developers Subdivision Agreements • Implementation Timeframe:2014-2026 Regional storm water ponds will be incorporated into the final restoration grading and will be designed with dead storage beneath the outlets and skimmer structures at the outlets to treat storm water prior to discharge from the site. Ponds will be designed in accordance with the City of Apple Valley's Surface Water Management Plan and NURP standards. Infiltration areas will also be designed to accommodate infiltration of the first one-half inch of storm water resulting from any rainfall event.The infiltration areas will further mitigate the increase in the quantity of storm water runoff. Rockport AUAR Update 64 February 2022 Except where noted,the conclusions reached in the 2007 and 2016 AUAR for this Section remain valid for the 2021 update. No change to the mitigation plan is proposed. 18. WATER QUALITY:WASTEWATER-MITIGATION PLAN These proposals and conclusions remain valid for the 2016 update: • Responsible Parties: City of Apple Valley, Project Developer, and Construction Contractor • Agencies Involved: City of Apple Valley, Dakota County, and Metropolitan Council • Regulatory Program: Dakota County Ordinances 113 and Developers Subdivision Agreements • Implementation Timeframe: 2014-2026 If individual on-site sewage treatment systems are found within the project area, those will be pumped and abandoned in accordance with local requirements.The property owner will be responsible for proper documentation of closure reports and submittal to the City of Apple Valley and/or Dakota County as may be required. Wastewater generation is anticipated to be significantly less than previously contemplated under the 2007 and 2016 AUAR development scenarios.The applicant will work with the City of Apple Valley in designing the extension of municipal sewer to the project area and apply for and receive appropriate permits for the extension of the sanitary sewer lines from the Minnesota Pollution Control Agency. Except where noted, the conclusions reached in the 2007 and 2016 AUAR for this Section remain valid for the 2021 update. No change to the mitigation plan is proposed. 19. GEOLOGICAL HAZARDS AND SOIL CONDITIONS-MITIGATION PLAN These proposals and conclusions remain valid for the 2016 update: • Responsible Parties: City of Apple Valley and Project Developer • Agencies Involved: City of Apple Valley, Dakota County and the Minnesota Pollution Control Agency • Regulatory Program: Dakota County Ordinances 110, 1 1 1 and 114, MPCA Regulations • Implementation Timeframe: 2014-2026 The proposer will use Best Management Practices (BMPs) to eliminate as much of the risk to ground water contamination as possible and clean up any potential spills in accordance with Minnesota Pollution Control Agency procedures. In addition, the following conditions or actions are possible mitigative measures for this increase in groundwater susceptibility: • Pretreatment of storm water (sedimentation ponds, skimmers and other best management practices) prior to discharge into ground water ponds; • Compliance with the State of Minnesota's fertilizer regulations; and Rockport AUAR Update 65 February 2022 • Wellhead protection planning and identification (to ensure that the immediate source zones for existing and future wells are protected as development occurs). Except where noted, the conclusions reached in the 2007 and 2016 AUAR for this Section remain valid for the 2021 update. No change to the mitigation plan is proposed. 20. SOLID WASTES: HAZARDOUS WASTES,STORAGE TANKS-MITIGATION PLAN • Responsible Parties: City of Apple Valley and Project Developer • Agencies Involved: City of Apple Valley, Dakota County, and the Minnesota Pollution Control Agency • Regulatory Program: Dakota County Ordinances 110, 1 1 1 and 114 and MPCA Regulations • Implementation Timeframe: 2014-2026 Residents of the proposed end-use development are and will continue to be encouraged to participate in local recycling programs. As discussed earlier in Section 20, any above-or below- ground storage tanks for petroleum products or other materials, proposed for installation as part of the commercial/mixed use development,will be installed in accordance with local, state and federal regulations. Except where noted, the conclusions reached in the 2007 and 2016 AUAR for this Section remain valid for the 2021 update. No change to the mitigation plan is proposed. 21.TRAFFIC NOISE MITGATION The most sensitive noise receptors in the project site vicinity are the residential properties to the east, south and west of the project site. Traffic noise mitigation measures have not been considered for the project site at this time; however, examples of site plan elements that may be considered in the project design to help reduce noise impacts include features such as berms, fencing, and vegetative screening. Under any of the scenarios, the noise levels will decrease from the current levels, and any significant generation of dust will be properly handled using appropriate dust suppression. Except where noted, the conclusions reached in the 2007 and 2016 AUAR for this Section remain valid for the 2021 update. No change to the mitigation plan is proposed. 22. VEHICLE-RELATED AIR EMISSIONS-MITIGATION PLAN • Responsible Parties: City of Apple Valley, Dakota County and Project Developer • Agencies Involved: City of Apple Valley, Dakota County and the Minnesota Pollution Control Agency • Regulatory Program: Apple Valley Transportation Plan, Dakota County Ordinances • Implementation Timeframe:2014-2026 The 2007 analysis found all predicted air quality impacts to be well below the Minnesota ambiant air quality standards of 30 ppm and 9ppm for one-hour and eight-hour time averages for CO, respectively. Mitigation actions that will minimize adverse effects of Rockport AUAR Update 66 February 2022 vehicle-related air emissions are identical to mitigation measures or traffic and are discussed at the end of Section 21. No change to the mitigation plan is proposed. Except where noted, the conclusions reached in the 2007 and 2016 AUAR for this Section remain valid for the 2021 update. No change to the mitigation plan is proposed. 23. STATIONARY SOURCE AIR EMISSIONS No mitigation was identified in this section. 24. DUST, ODORS,AND NOISE-MITIGATION PLAN • Responsible Parties: City of Apple Valley and Project Developer • Agencies Involved: City of Apple Valley and the Minnesota Pollution Control Agency • Regulatory Program: MPCA Indirect Source Permit Rules and State Air Quality Standards • Implementation Timeframe: 2014-2026 (and beyond) During the project development dust emissions may occur as grading and construction activity proceed. Once construction is completed, all disturbed areas will be paved, landscaped or restored with vegetation in accordance with approved development and landscaping plans. It is not anticipated that the site will generate fugitive dust conditions during normal, post-development uses. The Proposer also does not anticipate that the development will generate any significant odors. Proposer will follow BMPs to minimize fugitive dust conditions as mining, construction and end use phasing continues across the study area. Proposer will also use BMPs to minimize noise impacts to potential receptors in accordance with applicable rules and regulations. Except where noted, the conclusions reached in the 2007 and 2016 AUAR for this Section remain valid for the 2021 update. No change to the mitigation plan is proposed. 25. NEARBY RESOURCES No mitigation was identified in this section. 26. VISUAL IMPACTS No mitigation was identified in this section. 27. COMPATIBILITY WITH PLANS AND LAND USE REGULATIONS -MITIGATION PLAN 2021 Update Proposed development would require a zoning change to the parcels within the study area. The Master Plan is consistent with the 2040 Update in relevant parts. Additionally, the proposed land use is consistent with adjoining land uses and no land-use conflicts are anticipated. 28. IMPACT ON INFASTRUCTURE AND PUBLIC SERVICES No mitigation was identified in this section. Rockport AUAR Update 67 February 2022 29. RELATED DEVELOPMENT; CUMULATIVE IMPACTS No mitigation was identified in this section. 30. OTHER POTENTIAL ENVIRONMENTAL IMPACTS No mitigation was identified in this section. 31. SUMMARY OF ISSUES No mitigation was identified in this section. Rockport AUAR Update 68 February 2022 ATTACHMENT A: 2021 AUAR UPDATE FIGURES AND APPENDICES 4 -'�'E �* ; l r :ensen La:�: �L{r<;� , , _ �3 •, r • ► ' Burnsville Pkwy 1.j Lebanon Hills y; • F r T�y t:- 'f f o Terrace �` Regional �, • =-'41v -.. a F ___�__ Park r :u= f�.., ', 4 :::: Oaks ;• ..._:,- . '� . r •"�:r. .w. '�'�' O' •West Park 3l 5E•' #,. .., .ryylb i r,Y" i_•.'�' �. i- x '��t � v� s• ,�• _ '� CL ,:.�. :.•. _ - - {{ar�•�•. '�� 1 � /'_ y,y - ;i er..-.�.0,- ; "�1. --� � !" " s' 3 ti 1Q 4. _ y ■.w ,McAndrews Rd •.��. L ; ;r;'"1"'Y-er r-`. .k t Yard i. 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Point Park. - 1 ...,L•li"- 158th S''' • ' t‘ -, '9 •• .-.4"jaI-*'l.l.I:.*•.'-•4...4--4--<. 0__ . i:,,r `• .1..'..•.....„'.,...A..4 6-.,.[.g „lli t)IIi4.;t'l A-:,..L.. iglh 3iN,m4.-,'.-.,- -5'..-s.--a.,-•r.j-.- . 1 _ t ,::_I,-•,-•-••'-•4-•m -•T1[-..-_-.4„..-.-'-..,.-.iv a4'c.s,,••7•Y.c.?•o••bb0-r.i fio•I ,L?'.o•,.\.-fLg•F•1 I'1.Fa„t•.Ak,Aio - Legend . - - 160Th 1 " - , Study Area r , i 7, -, 1I4,:= _ _ - --- • v- LowerekistSUN \ : . -p''-r- _*i10 4 (in;iimmriiiiiilmiliokiminaL rk•ft• Kirnley)))Horn c 200 400 310 Feet Figure 2: Project Boundary • • ..„...-,.._.„,....... ••" i '41, ,.._.., :•7a r - - i`:t .■ " :ri ! � ; . :.:=... ...... `� .- �-- ,,,._,— .:. - ! A 1: ,-.,,,. , __ r- y :� � ' 1 .-i -- ,.--... ' .." ..-_,,J, .. -. i. .._. - 4. ' ? ' S • I T r ..,.:„.:., , :,,• .,...,. .,...„ r . ... _, ; t • — r.02 • . r•I,. • - ' ; P\ : ' U 41 i . . . � jt , 1 .-' �. V u. x:4A1 schlep. \ :. . .., ,........_ ,....„,=.,,,L.k........ 1 � 1. '9 � •,.� ,•' • — • 'r.••l is t r " - -re „ . _ : C. -r 6r .it f - . prr` . • L ,`.R'r rW �4. •� , it;: �F 711- c�& 4..��s.r `� ,� tt 1 -r� .1•trl Jr I .- ,t ` -.--: �' F1 itartf .. r. ry _ `E�Sik• L 11■t a II s ,' T.. �a 1 , . ....; 4- .i 'Iflip _ T_� ..7- = • ■� arm -9a5- . �` :— 1. i. ,'`- vim r :::..rr::-,':-s. 1. 1425 • �^ :— tit j: C. . "f �f� ffffff� �.� •}y"'C5� '1l � ) a' - tl1! t — ad� , r II - -• l ,� S i a • ` _ .I: � �� 4, a i' rt • , /f Efi� ��� ter ' �,'F .E .? r- l¢ ,'ti ., ,, •, [� o 'c, �: ,.. l` if/�!/�/fr/ff� % 1 .f�ar. y re, _%. \_.,.__.‘„,,_ •55. ._ ,-. 414 mil_1/4'.r341/...\____ 1 � , < •J — - 0 'gam '. a �``1 L - - - ',�'.r,•' J . -1-.,,,,,,, 17 /f/1 0. _ } 5.�� • •f��'�• • �1� *s• ae:.• k•3'v y t- ... v // - •6f r f �� j a+ ` s�s §yN /ff � ldvel Pits lL �yc': • °•l,' ti itt;•:, .. -r s.rer n[eP i F. - SOUND ~ ~c: } y 7{�i +�+ APPLE VAL ' ses 1-- j6� Te..„, RP{i ---, �( n ti •3 `_ :,' .. ` ` • �,lj �a ti 3:i +,; gi.A.• 457: f f T:NI:, 3�'3 :-1r , • ;. Ir:i -.{_` ,thy r ..� �y:. , ' � ':��r 1 ',• ...- • 4 a !'�. ••�... ar P C +.r I d } I t1`• Q.:���?y ,e p � :(1'"1-- 4ET• r; .� r1' � ;\ct \. `T_j'i Parkview ;. •v S�- ,y' -f -..4 + i -\ .�'_ s.� ..- � ° s � �� k. - '�'^• � ; � { r. • ' °�� •. 15''�' .:..:..l? C� r � •'.`� .,{ r ��. `~-rn:.-.. i Jam. • E �•,�. �y. ■ + fit`-� I:... _r I'_, r.y `�„ ` • ?�Ji`t••%'`.: 'C I.:41 • ..� rt ... �Y-. `sip.r••�:..-•• rfl %.41 t • l ..Jr..";J •� , '• - -i.J• .:11 .......... \ - •- t• : t 1.:4•1 A ; ;;. ...-.•, • Legends r r �: ;1 f fit,r --� + ' I,I! LF__.................,-..\ }ll Study Area . .r 1::' -•t .�iii;,4 • r - ; f � f Kimle0Horn °° °°° ZUFeet Figure 3: USGS Topographic Map Y .• �. ti' ,! ..'t. '{ l-{-.Jam•.•- ,i �-r-- 14.. s •� P.' ' 4 _ r 1 {�_• L. A" .L: ,_ ---- : r i Vi la:' �It + �` _ yam. `� 4 Avirf •r• y� 1i' :::: .. •I I ' I 'It._ k .-1.4.... la 111__ -• ,!.,. `1 tFrT i/ • • -. .11:. yrr,r --w 1'1: ' ..( �-�]y_'� _ •� a �[._' - i N 157 i n:• j _ -'i •TyP1-'i '. r r ',r ..L ! ' ! Erf i. T d -A '1/4 :.:,_ . r : 4 71. '.1' ..(3177. titt. •.-.----' ft .k..11;1__ 3 ‘1,6#. . li s 1 s i.t 4w.4 `; 1t+, '2.r4,r ..„:.„.t le,-...,—. t_t.... r Embryo 3 ark r-ir.4.-+-4-• )1 • ,r . . f , . .. )m. .0...%..1 , . liff,,,, , v .. ... er-- , ..,-.,,, ,--''.- 1.;::;;;;•••_10- , r• , -/- i ,,,t- --.-- --. -i l'.', •_-% -:- i. • ii .1 , �lr e• �r� _: s i - t� Apple-Valley! ir, 1 �_ . , "r ., qpie i 1 '. st Park, d < }k`.• Regatta Park 1 "_ — �,'f � +;ter `„`ti M i '' F ' . - 1� - � � • Cr? + a aw` 4 I .. Qle y;_' a �g � V F"! � .} ;. ; II {tom r Q "1,1 7. !. r •111; i t f •"1..=i t.{ }• . - \- -F.4�I"d+,. f+W,i. iiiitiv):1 Lake Legend +` A, `'* ;s.. _ y ; i.)____ , r'�i f Hid • �----,. --yam, • Study Area i :R �� = qutrrry4, al 4 t �� "•! r �.��,. `., ��. 1 . . • r R 1 Point Park �: _• �- , �,,p. iExisting Land �•F.. .. 1 ~ ` - 'e ._, �,; . =r •`- • ,�. t Use i r ,. i,.�=•-r.*—t ' r'C❑bbles; " e PkwY S�`5: C� •-• 'S I 4. ,..,..,... _ i Quarry 11f,k ‘11.p...: .p, jn,/i li . - • -Is.O.iW- o _'. ,. J ._-f_1 1_:,s,- *`. , ram : t .#',a. x.�;w .j- ,1 p OenSace - , - _- _ . . : . .•-•_-._.,.*b 4-1, Residential - -- 160th$t,w _ .. = ...r...�-•..-..�..,-.ate ;�rrrirx Open Water 4 . 4 � iii, �. . . 4 - ,. . , 'r, ,-_•, �. _ -..4�_ --- _ 3,.-._ Lowed 61st StlWr, • #- :. f. r :, `.= ' + Kiley 7� o zoo 400 soo Figure 4: Existing Land Use Feet 0 025 05 I r I_ ••i - !Miles ._ City of 1.150 2,300 4,900 _ El - _ APPLE VALLEY L Feet :.h.' r-i!=.:r._: M .• - - r� �; • ;i r�1w•� DFSIGN.4'I'IUNS: ACRES:PlkCF.N I: _ A} Residential: - •t_;1.• ' - • +. .wrw -� O k-1-Single family 40,000 Sq.Ft 239.7 2,1% ;;1y,.•• O It-2-Single Family 18,000 Sty lh 159,0 IA% • �� 7 tom.. Q k-3-Single homily llPUO Sy.Ft ?8?4.0 _'S2% 1 inch=2.500 feet J C_'il - -COMM C k-4 Cl.kale Family C inter 73.0 0.05% _ Yy •.•- - �,! 0 k-Cl.kesidemul Closer I]l.0 1.5% RF=1:30.000 ' '"� a�6 �tp' ' ®k-5-'1'+.o Family 15,000 srF rt 4s5 u4% nfi we ZZ • ri [•• '-�:- j .. e:-y -• ®Ni -6_�zUnits/Acre u��ya re 1i1.� LLB% k - - )J:34• "�..`,::+�ru; ,� �.ties-,_Tog• .4..-. • .. FAROUAR '" ®M-a- "a Units/Acre 78.2 u.�^o • ,4,..2 1 e.tat __`,y: • • ••• jl r_.eels'. LAKE 4.f,. r7 -p rrF •• - 01- raw- '3'Ili Hy-9 l- w{', illy }_ _ ,. ti.� 0 NCC-Nei6liburkuod Convenience Center 4.4 0,04% It �����++ ���• !Y_il '�I. • 3-f *1.13&G I-General Business 22.0 Ili% .;r.' �nr COTIC,e•'er 111*- .a--"�` _4.'s,'a •84 :.:a _= 1p-�' sees. .s 'ka-Rea-1-(ienuul Rosiness 2_'.9 1.2% f -�w p��re,��� • kl3-k,:tai113tuine.. 136d I:% " 1 - . �f •ILy- s-N'i "- vtt• ' �' n' ,f-'_'""` '-.=f^ ":,::fie:.C, B se-Regional shopping Center u.UU U.00% 'tlF�rt Ill i4_'I u��• ~ _itl"x :,• �__ 13-Via.Nosiness U.UU U.00/ f 11 r. F 'i rL 4 _`e'• r^ ;c..`g8w ®v Pia y - i'74 - H`u a `4.,-. we, 1 ' A � ''i q� ;:'nL`r� � Y'L• .:..'. £+ ?-4 . -r .• ••,•ir• f;.'.• �r� - ea-,Ir•wl• A y.-1-r�{/J �".. 't i i • ,� ':W- • d•�• d 1VP 1.1-LnWrv1F.L..sa11 "I92 U.1% 7�Y 1?. - 7 r w 34C:R �L�' _ }_'• �1[�{1 `�} { IM,kI« 159.6 14% _ l::-iirwd IIIYweLI - �-:� -. [ + is=. _ '3• € 'l'' .1,"Y ` ! ctr, 11 �r'' „' r, n '`'.S •.; 1' �'n-t y�,, ..rr''.,�,il+'1-.-tie• ��_iW .I�I.•Awal '_.653.: 205% r' ^s^ .{•.,--{; '_.�-�„' I• l=• %-S �{�$p�..r - - -]. ,:., •' `,A�::1 e �[� .l•sans. : 53.2 U5% • ,�,,G=f:s,- G'a,-,. .3' ° • `eels_ r e! K ..^t -d• .. .t Tr1n]{.--Tin... '.r:•i% `Itr•n •.._. . �: sa•.a1,s:xan.w 353.2 i2% -: �':,�k,•-•,.'- •♦W, 4 r•'°.t .� 1.crosrw -^ t1 �y :Lint 3TW �.:-:1-wr;1.0+i 81'ywl.'•{un'y �N.Itxtl Iek& 1.314.`) 11.os _:-� �sL 'F.3 ±,4 {+q •j 4WITI l$' r -- ti=s•nµ _ .s. 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Development �...� . . • Department 1i.Z1-'`! 4S liom sr�w�[W w7.a{ .;� . �.�. - ��'.'•.8'fiw,tc?""1 1 Ii '1 Dakota County GIS Map Print Date:9-I N-18 Figure 5:Existing Zoning ''t.&--ill sotiolito:).,•,-.0 r7. --',\. vr,irr., sitt#,.i -.. . ,............„ 1 , • . .,.„, .,.... _ . 4 af.,' • : . ' f',pw.rX"-:. - _Lit..i` ,e .i ' ' F-;•-` - 1 _-0- .. _, _ . ,..177u...,._....=_ . . ..j„. . .... _..._,,T...7,i6.. .,„..,_,.„_,_._ _________k_._,...,..150t.h_rmwmarli._,,sti,...,w7L:.‘,,:„..... - _ -‘41L-_,L45„..64.4.......,:- 4,_ _,..7:1,..:.__,,,..„._._ i • e. '41 ' 11•••.+.0 '4...,-., • 4•-•Je'L - '' '' •_: 1 - •••_ _ ',11 -_ - - i - . •• r tfik4 '''Zrzig -VI, -... 1 'PI _ _ , 1 . - . 1 . ,f-' •-•••; ., 1 1 I ' '...n . ' - V - - - - I' 1 ,•-• -.:14 pr.: ,, . , ,, . ... f i ... f.2.1. : ,ti k 1-,i :,,,,o, f r:_. • ,../. . ' i I i ij - 7'` ,,i'i ''• ...A A, t . . I Embry c Illri : rt, - 1.,-- ,,.n. -=---. , ., ,lOY• ' :2 - 4 - I • •-- . q-17.1:1,--,r / . . . cic i 4.' • •1.- : . 7.7 t' , 3' . i •, ,1 PI e. v.I ,.. ] ' 'c,.;ti f• "6",a,,, rg _____: -- .• _„i di---1,.. '.4•-, 1 ..,„..* f/VPIntsiV4 —•: t 1 / I 1, • 11 -.Vs,. , , i.doir -- -e -3,'1 ). 1 ..i ,t, -tit,- r -,.... .._, ... ,,,=,....., r -. - - ..,,, _ al ' "c-.` '..•1 •y r_ N.A., _• -e . _ _...f.10 r... ,t.-_ Itsoce -7_ • ,r_ ,., . ,-..r,1 AppliayEl.dery4 _g .4.,-4-41,,ip i ...,ri',1.:' - Ai. iii 1„iit ._ e_Axemit-, 7 :..._:, , • 'P MAI -Ea__1st Park,d;al 1 T. 1 •-.T.--,..—______.. :,..;-4-..- e--owt:- Tb<%/471rK - - - ,:,„",- - -51 c.±4,. ..4.- vr,..4- Regatta utuizo (1:.. ii^Z,',1", _ ' -3,,, •-4, , 1 ir 1, • • ,f,„„ ., . 1 .- i gk'-• - 4. ifr , " ' ., { Ei ...,.._ ,. -4-. ---,.. •n r-.!mr. Milk ... -,--—- ..._. 1 17 W -'. '6 . . :•-------.: ^-•---:,:.• • Dodd Blvd ,...--.% • 11 . .''' , I: i i• .. ., . .. 1 i' ' ----••-,-- - • %tr.IILL..47• ',1 A ' • ' ,4 - @ 1 1 r . . 1. _!aril tftirrt'.1- VveSkone Luke pkw-y,::Li,-', . • j • áIe Legend 1 ; .''J•ii,..-.,i'' .'. • ' c°"' -:• --`-`-'4...-.4.4 0 i • ...,_- -'t.!, ,,... Study Area i 1 / , , -1 t . . , f ..r4 i" ,:. ,s......g. .t.14....110,- 6. , /7--- !.1. Orchard Place Masterplan - t • ,- / . ti..._ _e• ,.,...--7 • • ...o_p ,, . ,.. _ 0 Amenities . . 1:-12-i± irt. ','.4 *-L• .li 1111h9 "a .•.• ,. • ...,.....• Multifamily Residential/Senior - 0 El _. ei jo Living ii-.! -1 "4-_41,_11,,. . : _ x.-.4. „ .41, . ,:i.., : t.. ... , . k I' "t 14 1 57111111:10°-9::.t;;PrYa- : t.",-:'1.:—; ,4. ,.:..i..:-1.....--2:r.k:e' 41.9:_roorl.Cot-b:1:"sto-n'r el:..o,e.. C:::::::::L:45'Ik::'11:1 El Office, Hotel, Medical ;al .4%, it -,.,4.Iii.: 1_ .1 • ,...,t'-."'W• ;ill ' .'-"a ' ig ‘i- _. , . • El Office, Industrial, Medical 1 i E Office, Retail, Hotel, Medical .e,',.. _..\------) ,__, f ------7----:,,i:I41 1, --- t :.• 1 1-1 Office, Retail, Medical ,.. : : ': -1 1 ' • . 'i Trro-",..L.- I r—i Office, Retail, Medical, 1•L__,I ! 1 i. . ... ...; 1 11 'Lk!' 1 :43-6..-..-!..c-13,!--k.A. ..; I, ,ir -•i•i ,...e.• - X!' 11 I-1 Industrial, Corporate Campus r N,141,:ifffifir f15-1' '-. '• • ' I • ',,,,i ,t ..,%, . ._w._. -. ...... "-•,, ••• • -• !,i,,,A.1.4.al-4-.40.1.....4/.. ,' :43,00r r E Single Family Residential __ , -_. --_ • __- ._____ ___,..,• . motto st w-.__. . .1.__ :_--. -- ( El Proposed Roads ' r-l.I -- . 1r4 ("-..1•., - .'. ,.tr''-I_-•O, .i gISi -L. ..11I•E11 1.-1"fa.r_-..-t OR.IS-.T. .:1:,:.1'1.iII.I M'I.I..I-IrI:"S•i•--.11.. 111:611..a. gP _ ' l - Kim ley-->> Feet ri 0 0 200 400 .900 Figure 6: Orchard Place Masterplan Proposed Land Use SY i... _.,w,PATif ZIaltrls.11‘, .550,0 +a!P' T 't "ityllst: il' ...r 1,1..d. it 1.12Y0 r* a ...t. & .-4 1:13 PA Pa 3. -ce pt,-, 5 • , - eUteS.w t7 V a 1 it 7 ...„..p....all•ti'h CI in5 err..end Ytta Fs i ri" , 1 ad:y.4c, _., . ST w C. -. f .; .f.. 0 (a CI t o 2 a, 'Z GLAJFER AVE' — ' .. ...,, . , .•' $: 'CS0 WAr o Freshwater Emergent Wetland " co R 0 Y2 - CO PO,2' , F,77/ffe.//1/22,7R/,/71,/. rififir, ip. 2: c _ .• ii , ,,...1 g /..0 • •..1 f., —4'6• '6.: .., .,..• , z EY'r----.... /.&, -/4. 0 .g . E, - Freshwater Pond _ _ V. -- Freshwater Pord )1 - hw t-r F g Iii, / '• ,T\ 'i —-',,“ , (,,, e .., Fr . Freshwater Ponci D.Per•IL.VAv 7,• Cad,Palk -' . 1367,1 sr, 5> , ,.7 ii,„ 0 Is • , 4 .5::, a \P t Nr •-. -. . -,. ..s. ./Z,ZZCS •-. .: - "3 -'-•'. ..-... tirrn Seh re0 1111 ef IS s SY Vs' e.c7:711, s,_A C ' -- - < e e.wrOngi Parkwe. . k.). 0 - .. OterSch P Legend .i _ - .., .. ..fl• ' --' -°A Study Area - — . ..Public Water Courses ..-• 4' ...• .': :: .;• ' :. National Wetlands 1:, 0 . . .- . -- Inventory LI FARRAGO 114 i ,„..._=, n-,-.-__ ..,s, th? 1 ..,, ,,, lf, 8 . ---....... / ii Public Water Basins :, emsv ? I . at5e,.....,.... —qv - - - i . - Kimley>>>Horn G 500 too0 2.000 umis= iiFeet Figure 7: Water Resources � �• ."`;-.. .-i"?.' �--' • `7rT.{:: r-'re ri 1.. rz. ..- ^.'ar•+..�, r4. _ i f-c,-'f o•T.=.1'•1z.+4401 , r•• yi +!'! - _ -^ . Iii s is MB I. w< p ...H"" 16—P-- ! IP. - - 1 W w on w s wttFi..pw.or w w is,.La i 411A �, �•~ 'ti A39C • .:' - i i _* :I,I i >i ST I F 4. - �" 39B 3011% c . * r . 2114., I i p ri - 411$ - *ilh.. 1' i f _ • • .1if 1' ii 1 + i 3962 39B `rf ,i" , -1• ' tiII Embry Path -: irr. �- it'� ,l r Park ! r ± �� i-fir. " . i we si # 411A g' ' I �,•` y.:' . i Vie, 1 ..: , '6:-.V. 31-•it t,- - f. do a I i 611C r1/4 ;t �,-'. mil-. • : it=� '�tR y I .1.--' - 1 . fee ', �� '{ 1` tit A . .. ._ r.t* r i r •• 39A ,may •• L r Y Ir. o yz. 0. 7A 42C 1 + � J��' TIYL - o .r f `Dodd Blvd !AQp V�lley�l i 6 .,,, .y . ,, • +,..'>Regatta Park • • - - d East Park-I r 'P t ev F�P+r'=~y ri-.5.1► .�,, �Cf ram' 't F { . -•j.:1. , ' "r -) op tLegen - It C. q 4% -G- t4?.....,.., -- • ,, ..,Tr_iti:, d I 611 C ri i --:i ► �• ,I h t CQI3biestone�+53 , •sf•• m r r r T 411A i3oB . a ' I ' ' •'ter �`• ' , -,,-- 1078 In 411B „ ; Q arry, i 1 ; 1030 !411C a 11A Paint Park `,�, �A „er .. 0 hi% . . P i �, rT - k 5 , ■ 250 415B ,. ... ''_�` �' - ..* {'r"' "r`,, ;• r.r.--r 'CobblesioRe LaKe f `T,.. %4'. ..,�rj II 3018 415C _, '''�w.+r� '.r , •1 d. •rmei, ; ' :. _ .-, rifi ex"�' aN 39A42C .� z. - , " Y ..f `�- • 14 1 C 39B 611C - _- _ r ' _ _ - 716o h;St;w �;.. :x :'r-•►�a-� r.,..4�.•" yykm ©3962 © 611F .t. .., . ,.17.' r•': �,� % -1,7 - __ i !- `r. ' _. ■,. .r .w <w=►arc�a+—.. , S , ...N 44,'7. 1e:• �"4,: .e :?'y_ 't'. •' 1' _ _.' z' i3lki^►31.f l W.W.I `L. o zoo 400 aoo Figure 8: Soil Types Kimley>>> ornFeet '. -7- , N- , •-• .1'4 XII' • ift'f';•• ''1 4 - . . ). ,t -- IIN- - ' -ale r:: A ii1"7-`'`..a:I- F-''"-&-• .--'Or•-Nee,-to-14T-.01 '74P.;;"1t-.,R• . .,, „Ali • •-ii ., -4. I . ,-,- .. voiCSAII 42& Embryrn Path intersection Improveentsolle "vim .f...t -.......... ..0..1 . _ ••,1 .,/-...„--z.... ,L. ,... , " - 4' •-• ' ' •n.--- -.-- '. ' .. --- -'I- - 150th•St W . 42 _...... ._._ . _ .. .:----- -...-- -.,,,... i• t ______----.me6,-... _..t.i....%----- -w- r ••',mar ....-X At al m --z-- i-- -Jr•a•-srit- .r•-•*. •6, / r..mg,7 1 i EL MIL _ -.,,IIIIN,,. ili.IA. .. in,.. ille,01114 10. - 1 b-, . ' .- '• - '', dz.. ....' • •---• - 4. - -r- Cortland 3rel Additiorij • ., - # ',.4. r '.;_fV",:- -.16 -, g ..,t, ..,-,..... i d,''Home Depot 2833- . _./ L • = - •,.-- - 7 • L - ;--- -- ----- " ,....101r;.-- I •.= ... • ej" ,a A• 11- .9 gy -.. - - '' --•• a -.0 •• • if 3. ... . ,-.. ......... . . . ._ • . ,o, •-;,..-,. - .- ,-, - , 4 i . . ,) , i . pple Valley Collection System - .... " - • .i.r)- ., , .1 I, _ - . •. --==-....r.:d ,.., r . • 4,8 r -,/ -• - - .. ,, . , ii • :.. , o'' i 4%•,.. - "ick ii. 1 I : •,.. . # --.4 if* 4 \ , Ill• . A 2....e .b....- .I, l• I sail- ^ • L?AV.' 411...d 06 ;0$ 4 -,. L. , 1 •1 1., •-, , . , 'I.' • .;rg' ,' .. 00,:k . _ . t 1 ., , . _ \.:__: . . . 11: , .r ..._i ...._. ..... ira, . fit , .,- .-M" - -, A 1 _ ....Cobblestone Lake Park Improvements. • . lr i• i 'V --- -' .......IL- 4 - .7-AVR Inc-Apple Valley Plant ' . : ' '1' I € 1 ' 1 mi! 7,'(...---- - - r 1 r .." ' 1.1 - a . .-i -. .1:i:A-• 1 \IS •il''. ' .. rt...it •-0P-T -"4 2 a At roe,411110,' .• .."`' - Ink liF Fischer Mining 1.1.0 '- • • 'te --Lh•-_,. Embry Path $ ro."4-g • ..-d 4_:.,-NOM- ''' -....-. 1 ._ • ....i os!)alilelli_711 --- - 1:. I , • rm. • 4* \,.. ,,...•7•E '17 ai.„ ,, •*0 irk -71 N- . ,..-._-_. .1- ,iro . 1,1.;n7::rt ic,, Park •• •-.....a., i , ! • r • .0.- ... ..„re .: ----...-%•--. • f- ...1 ,• e ,:-."617-;- i .- ) -- • • l'I--. do ,f 1 ..:,' ' r-17.-,ir. 4,4,,,Cortland • *1 i ii• i - ' 4t -... 4•-•--..---, ' 4 .. f.; 11. ' 4: '' „. i if an. 46, "l"'".._. ' -749-' a."":".- 0.:,_...4 114.:::z„ir...... . „:„.........„.4 ili.. itmooft__:.....................„,,.. , :,,..:,,,,,;,0:.,., A ,. ; .., 0- - -- -. ' c.14/ ptif • - -Ak. - . , , i -: .• -rifirt....---,,,,,, _ , ---- 11-1...-.,-‘, ..• - ,-.7.-1 ...Tp. .. - •-t--:,:- _..,..10!-I 4:44 tta Iwvi. ' r.ftto .,---...„,.. ,,,- _ ..II 1 'IP la - ApiplMalleyi AVR Inc-Maintenance Shop CI, • - . ..".:J '• , ''-i 0044rwr•qi\\\.-- EartWk. ,- -- • - "'• - -Z"........._ -.... , -,. A.4. .. . , ..• .40 1, .., • I ... ‘• e, s' e • 4 • . ---- ----..---• - . - . - e .-. - .._ _.- -•• . . - - ..111,••: .r....,.11FAMEIMMIPM 1 . ,,...4. •..1 ''', r . ,k Regatta Park - -4 - .. 1.- • - • c • ----74:- .N.T. • .;....„---..-;:lir. 01 la r-- .. '1444 I .,-, N r 4.1 .. \ ..: , , . ,a 0 r ' .'..:' Pi,: . * I k• '‘,4. ' '443,21101... .1 jki i :. 7: 14.....; I .. L - - Quarry Ponds 5th and 6th Addition 1:: 4....t. -• ‘:8 1111°. ' '.€ 'S '- "4716 j'. .l 44/4„, j ) . t • , 1, •,,'‘ _ „110 t 1,, II - ' 4\N•l' • .-- . . 4 " , t•, Target Store T2390;tii;ergr''.1-: -'0,-ziesidne Lake Pkwy--.- • .. -:.'tier b..%; ... t..) •N t Mt / tp .•..v.. .,i4 -rib• .. , : ,,,,_ i7. ,-..,, ... IN:- iii?meg:. - _.- - , ,,, i i I. f a-t,•••-•l•t;-:..,,.i I CCW Sr '• • . It"- 4 ..1:141! • W.111.,ari 1'1 ": i le e- • it. .-.,F. .-l-- . •..„,d, ot '114 .r. r ii,fr . ,.4, ,..,„.... 5 4. ip- .. .....f.,5$ • wig-o ,,i 7 ANEW L -I / k . , 4%14. 'i ' AZ Itt --i • 4 r • i' - .e Legend . . ,e- 157th Street&Johnny Cake Ridge Road Extension .44 . 4 I' ir_ri _i ...„ it , 411. _ __• ,. ; . • . it 'A\ Study Area iv, a_c.g.prio re of w_ #.14 111111wileb... I:-.......-a ... _ _ I , _ ....$.4-.L_P-__ .., \ - i. . „ - - - ...,_ •• ...;._-_-.... .1> .., . CObbles1Onek2D 0 ,in ,f-, -to- 0. - ;.• - i_ c it i! ---'200 ft Study Area Buffer Quarry Pond West ' --1 xi!4- • .I ,.1 * 1 * / •' • ; .•t ite • O. .1.1 5. ( . ' * '.. -• : . '2 N o r i h Creek Greenway Underpass •1.!,-- - " ::t..1•41) ( IL .'. .j, . .,..... „ 11..' ,0 ' ... f g \ MPCA What's in My .if 4..- ,ei -: Dodd Valley Estates:113 ',I JLirt t ,,altrj. r ; ; 'I iir- v . • - "1"" ' .Si 1 --1:ie• '; , . s, Neighborhood Sites by i - .:.., . 1 , Quarry t '- 602 ' - 11 it! I '• 14 1 ' -Itr.AS • 4• 1 . , m. • , _ f /10.4.0.4015:rt. 0. A. - •. ill tgi-4, j,, .,Pr.rit_PLI iklo.,,;,,_f____.„,-(11 .. 0 . . . ,.„ s., • .q-•:-. .T.;, :.??,„... _ ,ii Program -1.- '4. 0 Air Quality i., . ...10 • - 1, *--"g .-,'cotiiire,ton v..e_itY4K,. ...kl•-' L-,..1:{4) ',- ' ' ' . ' e Lo ... 1 . IV-ari--- ,h....._4:•• i t•ft blv: - 1'21 • --.3, , gt ® Hazardous Waste 0 _ -. tided ,ft . • 1 '1, -rf.F?,' 4 -.. *JP i •••• . " •• ., • .-F.,,..-- ; • ..- --- ' 4LI` -7. ' I' . ir -/- 1..4.4 4'4,1.:•1 .64' al- 4.1 . '- ' .4 A ID Multiple Programs • op temihn. r.,.•,.. •. -.---- -,' -•-Rich Hervseux Auto Body Repair . _ tPC ' . ..•",-r 4; - ' ' ,. "' . g -4 '`...eltii - -_ ., ' - •,--..-.5, - .`A. , • . l'••- . '... .;J•it-14 .4.41-.,-06.4.•••41H1- *g ivafrairr I 0 Storrnvrater . . - - -..._ _L-i -01114.60in St W'.-.... ,..-,.... ... , - . -„,..,,,,,iir.- ---,wt.- . ..,•-- ' -'-'‘'''..---- • g ......, ..,-.,--, . . . I _ _ ... _- . . .. _ 614.0* , ,. , -E. .z..... -_,...., i, t o Water Quality oftillWAt• AFIlipi*114 -1#7.--ro. :;;AY'iLl'• - 4 AilristarTN• -- " "- .- ------- ' F.. . . .. ....;_.-.._. ..., . t ..4. -..- ..,, i, -.. .._..... a•'''... ... 4....!---ur +Li --kg I, (La ... .*-- iiitim visionmr i f. . Figure 9: MPCA"What's in My Neighborhood?"Sites Kimiey)))Horn 00 200 400 800 = MI= IIMI Feet as:o a Figure 10.Mixed Business Campus Utilities Installation Plan •••• 2020-134,2020-135,2020-136,2021-109,2021-119,and 2021-143 Orchard Place and Mixed Use Campus Utilities BOLTON Apple!! City of Apple Valley August 2021 & MENK Valley • I '_- - _' .■ 1, � _ma , , / ■ 152nd5treet .10.- - k �, � ■ '$) „117 - 7. 1h l ' i ic ~_ Hona®w a:a 1 1 r- 1 .." � h-- • �.: '-i -f_T SEALE 1 1 2 ±Z1FT— -- / " • m "- I1L 1------ ) � i ---11iII ' ! 1 LEGEND IIE%ISTING C ,D WIWH CO.ISTRYI�SO WRN UNPEN LONWELYf10P1 WM.CONSTRUCTION TO BE CONSTRUCTE9 i rill.' 1� 1�. 1.1_ ._, jL-- ,•I I' I 11 2020-136 2020-134/135 AS CART OF2021-109 AS CART OF2021-143 WITH 2021-119 I-7-�� _� F ���WTERMAIN -.-.- -I-I_ --I-I- ."�1-1- +,�I�I� /,+ - 4 ' iiri 1 i •,\ SI .t_ _.---.7 ,..,_,___L__,,.....L-_____,_ ..,____-i---..ii________\__ - r. -r , TTTT I - _-- - _- a I - �� II I I I I I I J 1 T-- ------ ._ 4- ‘ 1 1 1 1 1 1 1 I ! 1 1 1 I I f,-' 'i _ 1 -J In 1r l ` r-r-r- TTT 1 N----77.- -:',,,'-_,'-_,-,t :7,, 1 1 H i IN — • I I I 1 1 , L -� Y 1 � t JJ 4 I I:,' Tili \( — \ N ,,, , - ., i Lv,,. ,,,___.: i k " yr—��• II J I 1 ::,,,---,i'-' 1 �� is'T-""'T _111 ,:,, _� I.._.... . tmgm. [ fi l J IIIHI=tom ' I ► �� /. L t. . i 11 I �i l ' \ 1I 71; •Ir 11 1' ;1�1,♦ e�' --` r mac " e' �~ = T•� I J H 11 1 1 1 • \. �/ , IR II 'I-- Jr...IIci \ I •�1���13!I ]_ , _ - _ _ �T•` 41 a _ __L ' 11 / I I 7) y — ;wxiil EW-Wi+_• ' am. .' + �1y---- I I T- T T Tf' I I I T ~ I 111 5 1 I I ' .. ." ;I'! E .! 1 I I 1 , 1 I ,. ---1.'. - -`-.,. ---.. - •�I� _ . . Rl �.1 / I I, I •a• 5��s� Figure 11:CSAH 42 Potential Future Interchange Concept *or• 2021-119:Area A of Mixed Use Campus ® BOLTON App City of Apple Valley April 2021 & MENK Valley j =_ - ash 15Q[h Street(OAK 42y I I - L �-.• fir. -wl - [ ;m. _ - - � _ z_ - _ - - • --- - -- r gy — I s ---. _..— —— _ — m - -r3 rr II _ i 1; -t,.... Dij , 'D ` I c E • IS16 =0 . I [ Ali. .., r • I ro - - ,-- —�4 & I f Tf ?� � r 4..r: fix.. RE • f/' tlrrERCHAI@GE r �' �''^ /- • J . - .-yr• AREA f • r ' P"4. I ' _ !I 'F ff[TVREWVR-PS2 il l_kilti } I 'FRtlRENORTH 4 . Ii CREEK GRFENWAY 13.11 �i �` f ! TRAIL CONCEPT '- / - - � S � I: ;Or:� ' - Nr . 1 I 1,gir Ilia g ‘-- r fir¢ rr 1 + `� l 51 ! r_' g4T . .fir I I j l'' . ,- j i g 41 iE.4 _" - a� C _ L �S� ,,ram, _ 1` - ' - -- -- '[, -! FUTURE TRAM ? i I'n ~_� -. .-' !F� _, _v1?-- ? 4 LEGEND I55[h 5tr�e[ BITUMINOUS ROADWAY L ----_--_ •�'' ���� -may -• RAISED CONCRETE MEDIAN CURB&GUTTER ±..s - �� _ - --_ - _ - _ -_. '''..- I I r i CONCRETE SIDEWALK rt.i'I:iw '_ :._ • { BITUMINOUS TRAILEIMill __ f�7iVRE T'RAII - I r I' '-„1 r r k r UNDERPASS 5 , g Miles "" APPLE VALLEY : 025 1,000 2,000 3,000 4,000 �,c: J0 ,r ', - `•./ i2040 Land Use Map CZ —...*,-. W� � 11 r:..- - Designation: Aaex Percent: �;:�r. �F''Y r I, !�' ••>;"•^ LD-Low Density Residential(2 to 6 s. Y 4111.. 4,582 40,64% i• P•L., units/acre) 1 inch=2,500 feet ,1-r "' E �""»."'., •,. 4. ,. ���" 1a LDF-Low Density Flex(3 to 8 pp �' -.z i,,.,,,l,;.l.-c .rdfi ar,j syr units/acre^.a i .c • °ill-I 7� 7. a 1.. -am, J.�►,, .y��er7.')'i r ,''- - MD-Medium Density Residential(6 �� t •,!-•. �.� '.'�it,: i Y;fp' -•_':-A. ._ .. to 12 units/acre) 558 4.85 4, r` -L1ll "[1.,N pr I a k."''�{!e. • C.-Kr.• {q r • •I' j 9Z 'f`-; ;' . )' jq ti;Irt' I' '1' "--,-�c�yu� H0.High Density Residential(12+ ,`tJ..'S �: ,:. ! .` i � � eerma ,EC:.., ,� 1:f- '�t r 275 2 44% rr•��.v0:. - ;'.. ,. __ f'.•r sue'! x:..i'-9G �• 1'...• 4, •..- units/acre) y : 9_- ,f ate ft-T 11 '1 ��T �•.3;-�; s "" _ _ __ �.H F y'•rr. fthgrer Cii3itsim • Manufactured tOB 096% • �s= 3 ;s 1�3 y' '; r %] $ • w _ = � i „ .� 1�-j 11 _ , : � ,.=• ram. )m ..,f � CLommercial 537 476% e� r !`axe"+. • ---• ( t i_ - - Lr•'-• L. IND-Industrial 271 2.40% }, ?yam �:,L_: .,,,L._...-..•',.. L:,.:}y:S 3 ,..o ,z' "�. _ �t -+:rigFs•'` --- rr�r �. ., „rx_ •.�:•3..,r-,.,• �: t • .iii" ,�, ` MSC-Mixed Business Campus 159 1 41% .' A£: .: sii.:-'`. f ..,�,: • ��•,7 Ln�,, -- k U�� r " __ MIX-Mixed Use 7 0.06% tr •:,, ;i- - -'--, € •Etc- tt yF,`-t - _ram.-•. I ■ INS-Institutional 477 423% p�v0' t E;✓ v +-_ L� I .vrc;,.."• i` ,y {l•' ; tii-• I, '-a, L"r,•• i) 7i„ 1•-•.ii. t_ .i} i !I .. . -4� r• •r7,r ``fir P-Parks 8 Open Space 1.780 15.79% Lam7. '- •- • I Utilities 6 005% •114 , ,LAK6 ', _� - • • € oti,l Water/Pond 310 275% M it}. I Right-of--Way 2�53 19.10% ' Er~. �r1 total 11,275 100.000' _ _ I. �„`,..a••. .r:.,. `, .1'�'n111.. •• Temporary Sand 8 Gravel Overlay - .W7^.:.•t-. '. .4 'w�.. '. . _. •- i vac • � � ^f� ', �;11,, w 1• .• ' :,''Oil„ �•J ? Limit on Liability:This document is not a legally recorded map • ..et _ -_ �r "a - d or survey and is not intended to be used as one.This map is a - -.- -- "• compilation of records and information from various stale, 1j $ II +' • ^�..: y county,and city olAces,and other sources. I[ `'e0tms,..g,r•__: .-. 1 is T .aGAa11_ 11 Y - • -•M i•- Ire'ri iii. ".I71G' IF. Latest Revision:Resolution#2020-177,December 22.2020 ( "P`` ' • `i I _ '!P City of Apple Valley Planning Department t �• M •'7 f lephone(952)953-2575 1 I.__ ._ _on, bream ' o rrr4i Apple il ...0Ct.1t •: y1 Y_ x , � k. 4 l ; i � -r rItir I yj -- ' mrr .«amc ,Vaey %ill -; s . ..:. Is? _ k _ ll: rc7-� ^ _�L , -i:.i• ,xv. ,- L,Cnn 1miry Dcwlopn nt , b ?!' --rt �� 1 __=s -',.:as Depanment y Dakma County _ _ - Office of GI5 )18p Print Dale:8-5-2021 Figure 12:2040 Land Use Map ATTACHMENT B: 2016 AUAR UPDATE FIGURES AND APPENDICES 7699 Anagram Drive Eden Prairie,MN 55344 Westwood Main (952)937-5150 Fax (952)937-5822 westwoodps.com (888)937-5150 APPENDIX to Question 21 - Traffic Date: October 3,2016 Re: Fischer Sand&Aggregate AUAR Update—Traffic Impact Study Review Westwood Project#R0009075.00 Westwood Professional Services,Inc. has reviewed the traffic impacts of the Fischer Sand&Aggregate (FSA) site in Apple Valley,MN. This site is generally bounded by CSAH 42 (150 Street W)on the north, CSAH 31 (Pilot Knob Rd) on the east, CSAH 46 (160th Street W) on the south and Flagstaff Avenue on the west. This is known as the West Parcel. There is also a small parcel to the east of Pilot Knob Road between CSAH 42 and Dodd Boulevard. This is called the East Parcel. The entire FSA site was the subject of an Alternative Urban Areawide Review (AUAR) in October 2007. The proposed end-use plan on approximately 559 acres included up to 255 acres of residential, 235 acres of commercial/mixed- use/neighborhood service development and 76 acres of open space. The East Parcel was a gravel operation and a portion of the West Parcel is still actively mined. There are approximately 100 acres in the southwest corner of the site and south of 157th Street W that are already developed, A traffic impact study was prepared as part of the AUAR. That study projected traffic conditions for two scenarios of development for the site. Levels of service were presented for thirteen intersections, and a mitigation plan for addressing arterial deficiencies was developed. In March 2016, a traffic impact study was prepared and reviewed to determine the extent of future development on the surrounding street system. That review indicated that, overall, the traffic impact study was accurate,but there were transportation concerns that could be mitigated at two intersections through geometric and traffic control changes as identified in the study. With this as background, the City of Apple Valley has alerted Fischer Sand& Aggregate, LLP, (Client)that now might be time to prepare for the AUAR Update of the site. If there are significant changes in the findings that require additional analysis, it is suggested to begin the analysis earlier rather than later. To that end,Westwood has reviewed the site to determine whether conditions have changed significantly to require the AUAR Update. Multi-Disciplined Surveying&Engineering TBPLS Firm No 10074302 westwoodps.com Appendix to Question 21 —Traffic October 3,2016 Page 2 Site Changes since the 2007 AUAR • The East Parcel had been approved for 105 single-family lots,but the lot sizes have been reduced. As a result,there will now be a total of 186 single-family lots in this parcel. • The East Parcel will have increased open space due to an increased water requirement. • The intersection of CSAH 42 and Embry Path is currently full access. The intersection may be transformed into a three-quarter access. • Johnny Cake Ridge Road will proceed southward as an underground sewer moves northward from Lakeville. Eventually Johnny Cake Ridge Road will bisect the West Parcel. • Johnny Cake Ridge Road has been identified in the 2030 Comprehensive Plan for the City of Apple Valley as Major Collector Roadway. (Note: In Lakeville,Johnny Cake Ridge Road is called Fairgreen Avenue, and connects with Dodd Boulevard approximately 1/3 mile south of CSAH 46.) Signalization will be warranted upon the completion of Johnny Cake Ridge Road as a through collector roadway northward to CSAH 42. This will be in the 2030 Build condition. • 157`h Street West has been approved to be completed between Pilot Knob Road and Flagstaff Avenue. While portions of this mile-long segment have already been completed, the final construction will complete this Minor Collector Roadway, as identified in the 2030 Comprehensive Plan. It is noted that pedestrians have an underpass to cross Pilot Knob Road at 157th Street West. • In 2010, the City of Apple Valley adopted the 2030 Comprehensive Plan. Later than year, it was discovered that the temporary sand and gravel overlay designation was inadvertently left out of the plan. The sand and gravel overlay is a temporary land use designation that allows mining activity on properly zoned property in conformance with an approved conditional use permit. The overlay designation states that sand and gravel mining is considered an interim use and that properties currently being mined will eventually be redeveloped in conformance with the underlying land use designation. The temporary sand and gravel overlay designation is needed to allow sand and gravel mining at this time while guiding the long-term development of the property with the underlying land use designation. Appendix to Question 21 —Traffic October 3,2016 Page 3 Figure 1—City of Apple Valley 2030 Land Use Map �l 17 J;3:t--lam""` Des lgnatlon: l ""' +� r LD-Low Density Residential(2 in 6 err a1�-r r units/acre) Alli �" Y ',-!Il}rt� lrnt.• MD-Medium Density Residential(6 R I/' •1!II■�"� 'ry to 12 unitslacre) i.I=- afti.STZLICO RD 42) ! I. ' L� r " .........* HD-High Density Residential(12+ yr? ay _ e�„,„ units/acre) I. Elite:° C-Comrrcrcial 1 _ LD • a`r�. 1 :=' s ► 4y,,�` IND-Industrial IRD , : ML, LD at rr�0 �t r WS;.� o MBC-Waxed Business Campus n —-. .. .,cp . r,.., ., F MIX-Mixed Use % 1 � �'-. INS-Insliilulional I! MD -el LD. %� ll�rl P ® P-Parks&Open Space ey ���31lrkV" I. M D PR-Private Recreation 99 �+I 1 `sT0y HD �+ LD `• r W eterfPond 'fx il I'=7 ze , 4 �` Right-of-Way TTT LbBBLESTCfAIE 4'4 Total LD i v, =.a lrr,�i J' �r. LD�p p INS lMIX (Y • ' �] � �`` Future Street rf '#r.1 ` !. ♦—► Proposed i cenway Trail_- ii0. H. tt�''�r �---e Temporary Sand&Gravel Overlay r �. 1� e Y (Source: City of Apple Valley Planning Department,Latest Revision July 9,2015) Changes in Land Use Assumptions Since 2007,there have been changes in the types of land use that have been proposed for the FSA site. In the 2007 AUAR, there were two scenarios of development of which four main land use types were assessed for trip generation—single-family residential,multi-family residential,neighborhood commercial district and auto- oriented retail. Scenario 1 assumed greater numbers of single-family residential units and greater areas of auto-oriented retail,while Scenario 2 assumed greater numbers of multi-family residential and greater areas of neighborhood commercial. Table 1 shows a reprint of AUAR Table 21.1, which details the FSA End Use Plan Trip Generation Study. As shown, Scenarios 1 and 2 were expected to generated more than 7,300 trips in the a.m. peak hour,nearly 17,000 trips in the p.m.peak hour, and more than 187,000 trips per day. To reflect real-world conditions in the follow-up analyses,multi-purpose trips and pass-by trips were taken into consideration. A fifteen percent multi-purpose reduction factor was applied to commercial trips. The fifteen percent reduction was selected as an average, or"typical" rate representing the variety of mixed-use commercial types anticipated,based on guidelines in the ITE Trip Generation Handbook and studies in the Twin Cities and throughout the U.S. Appendix to Question 21 -Traffic October 3,2016 Page 4 Table 1 -2007 A UAR End Use Plan Trip Generation Summary AM Peak Hour PM Peak Hour Daily Size* In Out Total In Out Total 2-Way Scenario 1 Single Family 820 165 494 659 516 304 820 7,872 Residential units Medium Density 1,665 Residential units 150 633 783 620 328 948 10,746 Neighborhood 38.8 Commercial District acres 659 1030 1,689 3,082 3,340 6,422 72,497 37.1 Auto Oriented Retail acres 2,562 2,102 4,664 4,390 4,495 8,884 99,222 TOTAL Scenario 1 3,907 3,888 7,937 8,467 8,608 17,074 190,337 Scenario 2 Single Family 679 137 409 544 427 252 679 6,518 Residential units Medium Density 2,015 Residential units 181 764 945 751 397 1,147 13,001 Neighborhood 45.5 Commercial District acres 1,210 773 1,983 3,618 3,919 7,537 85,088 31.4 Auto Oriented Retail acres 2,133 1,744 3,877 3,668 3,758 7,425 83,141 TOTAL Scenario 2 3,661 3,661 7,349 8,464 8,326 16,788 187,748 NOTE: * Land uses were inflated by 10%in order to generate trips at a"worst-case"scenario. (SOURCE: Table 21.1 Fischer Sand and Aggregates AUAR,2007) In 2015,Maxfield Research and Consulting prepared An Update Demand Potential Analysis for the Fischer Aggregates Properties in Apple Valley,Minnesota.1 In it, Maxfield updated the potential demand for development that would occur on the property once it is restored from aggregate mining operation. The study notes that of the 571.8 acre site, a portion has already been redeveloped. This leaves approximately 320 acres for redevelopment planning. Maxfield had identified two phases of development--Phase 1 (encompassing years 2015-2020) and Phase 2 (encompassing years 2020-2030). Their land use recommendations cited"...excess Market Area demand and the proportion of that demand capturable in Apple Valley." In arriving at their phasing, Maxfield evaluated surrounding land uses,transportation access,market conditions and overall appropriateness for various types of development. The timing of cessation and relocation of mining operations also played into their assumptions. An Update Demand Potential Analysis for the Fischer Aggregates Properties in Apple Valley, Minnesota,prepared by Maxfield Research&Consulting,Minneapolis,MN,December 10,2015. Appendix to Question 21 —Traffic October 3,2016 Page 5 Thus,FSA has adopted a plan that allows for the mining operation to continue on some parcels while allowing for development on other parcels where mining operations have ceased. This includes updated land uses that are commensurate with current market conditions. From the updated land use assumptions, Westwood estimated approximate densities and types of specific land use to be modeled in each phase of development. Further, it was assumed that Phase 1 would include the areas west of Pilot Knob Road between 155th Street extended and 157th Street extended, as well as one-quarter of the area immediately west of Pilot Knob Road between CSAH 42 and 155th Street extended. This area is shown on Figure 2. Figure 2—Phase 1 Development Assumptions r.7 ilf . . ---- y .. 1 I' i' '7 t , p er_ '' rri�• 1 Olh'S1•W "gi VI;11111_ - d+ I--, 1 p..1:I[1i 111 !1�^r,11qi nlly.,.v.y .. •- : ` • 25% r, 1 - ` :'AlSk% - ^fi MY Budci -- out .. .•.• — t►ter. . P:i , ,. , .._ •,-‘," ,, _ : 1 ,.., - _. Q,-.T.r.,,,,N ,' 1 100%Build-out N'-''4 1 • w _ .--'j+ . . f h `iCr( Ird I°u11 Air 11iIli 1` �. -• .. --- _—�_ 44— -, L'01.itYlft51ll17t�- ryl I 1•1- i ! 1 OF ._.1 I i I I II;'sS.W-#:=n[nliS1-w-- -`�: -•-1fi�11;5rrf• IfiQlhiS--� 1 . -.�[G� % ram'. - 6•5. ' (Source: Google Maps,2016) Appendix to Question 21 —Traffic October 3,2016 Page 6 To model background growth, a twenty-year project factor was utilized. The Minnesota Department of Transportation derived these factors for each county and published them in fall 2015. For Dakota County, the projection factor is 1.2, which reflects a 0.9%annual growth rate. This growth rate was applied to the background volumes to project 2020 Phase 1 and 2030 Full Build-out volumes on the study area roadway system. Table 2 lists the proposed land use densities considered for Phase 1. Further, the table calculates the trip generation, internal trip reductions and pass-by trips for these updated land uses for weekday, a.m. peak hour and p.m.peak hour conditions. These are the land uses anticipated in the short term(2015—2020). These trip generation values were calculated based on the ITE Trip Generation Manual,Ninth Edition (2012), and the Trip Generation Handbook, Third Edition(2014). Table 2—Phase 1 Land Use Densities and Trip Generation Gross Trips ITE Weekday — AMj eak PM Peak Type Land Use Code i, Size —Enter Exit Enter Exit Enter Exit Residential Elderly_Housing-Detached 251 480 units 883 883 37 69 79 51 Residential Single Family Housing 210 , 100 units 476 476 19 56 63 37 Retail Shopping Center 820 38 k.s.f. 1,810 1,810 54 33 150 163 Retail F/S Discount Superstore 813 290 k.s.f. 7,359 7,359 300 236 y 618� 643 Office Business Park 770 166.5 k.s.f. 1,036 1,036 198 35 55 155 Residential Condominium/Townhouse 230 40 units 116 116 3 15 14 7 11,680 11,680 611 444 979 1,056 23.360 1055 2,035 Internal Trip Reduction ITE Weekday AMpeak PM Peak Type Land Use 4 Code Size Enter Exit Enter Exit Enter Exit Residential Elderly Housing-Detached 251 480 units 111 4. 111 6 11 19 13 Residential Single Family Housing 210 100 units 60 60 3 9 16 9 1 Retail Shopping.Center 820 38 k.s.f. 228 228 9 5 37 40 Retail IF/S Discount Superstore 813 290 k.s.f. 927 927 49~_ 38 152 159 Office business Park 770 166.5 k.s.f. 131 1.31 32 6 14 38 Residential Condominium/Townhouse 230 40 units 15 15 - 2 1,472 1,472 99 71 238 259 2,944 170 497 13% 16% 24% Appendix to Question 21 —Traffic October 3,2016 Page 7 Driveway Trips(Gress Trips less Internal Tri ps� ITE Weekday AM peak PM Peak Type Land Use Code Size Enter Exit T Enter Exit Enter Exit Residential Elderly Housing-Detached 251 480 units 772' 772 31 58� 60 38 Residential_Single Family Housing 210 100 units _ 416 416 16 47 47 28 Retail Shopping Center , 820 38 k.s.f. 1,582w 1,582 , _45 28 113 123 Retail _ F/S Discount Superstore 813 290 k.s.f. 6,432 6,432 251 198 466 484 Office Business Park 770 166.5 k.s.f. 905 905 166 29 41 117 Residential Condominium/Townhouse 230 40 units 101 101 3 13 14 7 10.208 10.208 512 373 741 797 20.416 885 i 1.538 Pass-By Trip Reduction 1TE Weekday AM peak PM Peak Type Land Use . Code Size ,Enter Exit Enter Exit Enter Exit Residential Elderly Housing-Detached 251 480 units - - - - IResidential Single Family Housing 210 100 units - - - - - - Retail Shopping Center 820 38 k.s.f. - - - - 38 42 IRetail F/S Discount Superstore 813 _ 290 k.s.f. - - - - 130 136 Office Business Park 770 166.5 k,s.f. - - - - _ - Residential Condominium/Townhouse 230 40 units - - - - - - - 168 178 - _ - 346 0% 0% 22% Net New Trips ITE Weekday AM peak PM Peak 'Type Land Use Code Size Enter I Exit Enter Exit Enter Exit IResidential Elderly Housing Detached 251 480 units 772 772 31 58 60 38 IResidential Single Family Housing 210 100 units 416 416 16 47 47 28 Retail Shoppin Center 820 38 k.s.f. 1,582 1,582 45 28 75 81 Retail F/S Discount Superstore 813 290 k.s.f. 6,432 6,432 251 198 336 348 Office (Business Park 770 166.5 k.s.f. 905 905 166 29 41 117 Residentiar Condominium/Townhouse 230 40 units 101 101 3 13 14 7 10,208 10,208 512 373 573 619 20,416 885 1,192 ITE Weekday , AM peak PM Peak Type Land Use Code Size , Enter Exit Enter Exit Enter Exit Residential Elderly Housing-Detached_ 251 480 units 772 772 31 58 60 38 Residential Single FamilyHousitg 210 100 units 416 416 16 47 47 W 28 Retail Shopping Center 820 38 k.s,f. 1,582 1,582 45 28 113 123 Retail F/S Discount Superstore 813 290 k.s.f. _ 6,432 6,432 251 198 466 ' 484 LOfice Business Park 770 166.5 k.s.f. 905 905, 166 F 29 41 117 Residential Condominium/Townhouse 230 40 units 101 101 3, 13 14 7 • 10,208 i 10,208, 512 14, 373 741 797. 20,416 885 1,538 (SOURCE: Westwood Professional Services,August 2016) Appendix to Question 21 —Traffic October 3,2016 Page 8 Westwood then estimated the types of specific land use to be modeled in the remaining development phase. Phase 2 will include the areas east of Flagstaff to Pilot Knob Road between CSAH 42 and 155th Street extended. This includes the remaining 75% of development in the parcel closest to Pilot Knob not included in Phase 1. The Phase 2 development area is shown on Figure 3. Table 3 lists the proposed land use densities considered for Phase 2 inclusive of Phase 1. Further,the table calculates the trip generation for these updated land uses for weekday, a.m. peak hour and p.m.peak hour conditions. These are the land uses anticipated in the long term(2020—2030). The following tables comprise the build-out land uses which include: • 100 additional single family housing units, • 598 ksf additional commercial retail (shopping center use), • 1,048.5 ksf additional business park use, • 1,020 ksf new general industrial use, and • 280 additional condo/townhouse units. Table 3—Phase 2 Land Use Densities and Trip Generation (inclusive of Phase 1) Gross Trips 1 lIE ' Weekday AMpeak PM Peak Type Land Use , Code Size Enter Exit Enter Exit Enter Exit Residential Single Family Housing 210 200 units 952 952 38 113 126 74 Industrial General Light Industrial 110 1,020 k.s.f. 3,759 3.759 981 134 156 1.145 Office Business Park 770 1,215 k.s.f. , 6,809-6,809 1,362 240 363 1,034 Retail Shopping Center 820 636 k.s.f. 11,302 11,302 299 r- 183 993 1,076 Residential Elderly Housing-Detached 251 480 units 883 883 37 69 79 51 Retail F/S Discount Superstore 813 290 k.s.f. 7,359 7,359 300 236 618 643 Retail Supermarket 850 160 k.s.f. 6,052 6,052 337 207 562 540 Residential Condominium/Townhouse 230 320 units 930 930 24 117— 111 55 i 38.046 38,046 3.378 1,299 3,008 4,618 76,092 4,677 7,626 Internal Trip Reduction 1 ITE - Weekday AM peak PM Peak Type Land Use Code Size Enter Exit Enters Exit Enter Exit ^Residential Single Family Housing 210 200 units 94 94 4 12 36 21 Industrial ,General Light Industrial 110 1020 k.s.f. 373 373 102 14 44 325 Office Business Park 770 1215,k.s.f. 676 676 141 25 103 293 Retail Shopping Center 820 636 k.s.f. 1,122 1,122 31 19 282 305 Residential Elderly Housing_Detached 251 480 units 88 88 4 7 22 _14 Retail IF/S Discount Superstore 813 290'k.s.f. 730 730 31 24 Retail Supermarket 850 160 k.s.f. 601 _ 601 35 21 Residential +Condominium/Townhouse 230 A 320 units 92 92 2 12 31 16 3.776 3,776, 350 134 518 - 974 7,552 484 1.492 10% 10% 20% Appendix to Question 21 -Traffic October 3,2016 Page 9 Driveway Trips(Gross Trips less Internal Trips) ITE Weekday AM peak PM Peak , Type Land Use Code Size Enter Exit Enter Exit Enter Exit Residential Single Family Housing mm ^ 210 200 units 858 858 34 101 90 53 Industrial General Light Industrial 110 1020 k s f 3,386 3,386 879 120 112 820 Office Business Park 770 1215 k.s.f. 6,133 6,133 1,221 215 260 741 Retail Shopping Center 820 636 k.s.f. _10,180 10,180 268 164 711 _ 771 Residential Elderly Housing-Detached 251 480 units 795 795 33 62 57 37 Retail F/S Discount Superstore 813 290 k.s.f. 6,629 6,629 269 212 618 643 Retail Supermarket 850 160 k.s.f. 5,451 5,451 302 . 186 562 540 Residential Condominium/Townhouse 230 320 units 838 838 22 105 80 39 34,270 34,270 3,028 1,165 2,490 `3,644 68,540 4,193 6,134 Pass-By Trip Reduction ITE Weekday AMpeak PM Peak Type Land Use Code Size Enter Exit Enter - Exit Enter Exit Residential Single Family Housing 210 200 units - - -1 - - - - Industrial General L1ght Industrial 110 • 1020 k.s.f. - - - - - -- - Office Business Park 770 1215 k.s.f. - - - - Retail Shopping Center 820 636 k.s.f. - - - - 242 262 Residential Elderly Housing-Detached 251 480 units - - - - Retail F/S Discount Superstore 813 290 k.s.f. - - - - 173 180 Retail Supermarket 850 160 k.s,f, - - 202 194 Residential Condominium/Townhouse 230 320 units - - - - - - - - 617 636 • - 1.253 0% 0% I 20% I Net New Trips ITE - Weekday_ AM AM oeak PM Peak Type Land Use Code Size Enter Exit Enter Exit Enter Exit Residential Single Family Housing 210 200 units 858 858 34 -- 101 90 53 Industrial General Light Industrial 110 1020 k.s.f. 3,386 3,386 879 120 112 820 Office Business Park _770 1215 k.s.f. 6,133 6,133 1,221 215 260 741 Retail Shopping Center 820 636 k.s.f. 10,180 10,180 268 164 469 509 Residential Elderly Housing-Detached 251 480 units 795 795 33 62 57 37 Retail F/S Discount Superstore 813 290 k.s.f. _ 6,629 6,629 269 212 445 463 Retail Supermarket 850 160 k.s.f. 5.451 5,451 302 186 360 _ 346 Residential Condominium/Townhouse 230 320 units 838 838 22 105 80 39 34,270 34.270 3,028 1,1651,873 3,008 68,540 4,193 4,881 Appendix to Question 21 —Traffic October 3,2016 Page 10 ITE Weekday _ AMyeak PM Peak Type Land Use ...Code Size Enter Exit Enter Exit Enter' Exit Residential Single Family HousinL 210 200 units 894— 894 33 100 89 ry 52 Industrial General Light Industrial 110 1020 k.s.f. 3,381 3,381 880 120 112 820 Office 'Business Park 770 1215 k.s.f. 6,125 6,125 1,221 215 260 741 Retail Shopping_Center 820 630 k.s.f. 10,105 10,105 266 163 707 766 Residential Elderly Housing-Detached 251 480 units 859 859 35 65 64 41 Retail 'F/S Discount Superstore i. 813 290 k.s.f. 6,620 6,620 269 212 618 643 Retail Supermarket _ 850 160 k.s.f. 5,444_5,444 302 186 562 540 Residential Condominium/Townhouse 230 320 units 796 796 20 98 75 37 34,224 34.224 3,0261 1.159 2,487 3,640 68,448 4,185 6.127 (SOURCE: Westwood Professional Services,August 2016) In summary-- Phase 1 =20,416 trips/day; Full Build-out= 68,540 trips/day Figure 3—Phase 2 Development Assumptions . i. -; ..,_41 i.. w1501hbW - - - 15fllh st w' - I SIII Y+ Im -' - . --C7f 1 iA e f n Remining • c 4 75% .,_~ '� Phase 2' •••S ?'. 100%Build-out 5 ' plus '�lag : • ' ` `'ti ,. • t _ Phase] n I. 1 _•. ,:f' z.'� .�;' ; .1. {{ . , :...•'7 - . ' .ii.. ....,_ r•ra7i0�, s = I Build-out ;v . ' ` M� : . 1 , , .0.,7-...4.,_:.:-:•,-,4 4:Pit4. ti # ,: , �` 100%Build-out �� —� �' .. F -' . ,' 'r` . rr is Ili y ` - _ Crgp}[i'f frml IA SHOW... ,..r.:i"...".hi-,„ i 11 I r.01,el..'',':•••.. Ai* .1 7, - -'- ' ...v 1 k '''''2" _ t - Ili ,- r �{ • �';- .L�- . -.. 1..uri•,rn,r1IP.rt, - _ .7-"; - : 4}'--i `.r-.5. 17-. 111""•51.• 16ofh"•st:w +- 1bo i7 S[''— y — i' F :.+; ,: :<„ .:. •�_41'_.- '4' ,. ,1 t i':rod 60fh iike 'j_ - • (Source: Google Maps,2016) Appendix to Question 21 —Traffic October 3,2016 Page 11 Trip Generation Comparisons A comparison of the 2007 AUAR End Use Plan Trip Generation found in Table 1 with the most recent end use plan trip generation found in Table 3 shows a vast reduction in weekday and peak hour trips to and from the site. In fact, the Phase 2 build-out plan would generate less than forty percent(40%) of the trips forecast in the 2007 AUAR. Further,the comparison shows the Phase 2 build-out having an a.m.peak hour less than 15%as intense as the 2007 AUAR plan. Similarly, the Phase 2 build-out plan has a p.m.peak hour trip generation that mirrors the weekday findings -- showing less than forty percent(40%) of the trips forecast in the 2007 AUAR. Traffic Implications The 2007 AUAR had identified generally acceptable levels of service at study area intersections in the Existing and Year 2030 No-Build scenarios. The only intersections projected with unacceptable levels of service were CSAH 42 &Pilot Knob Road in the 2030 a.m. peak hour,and CSAH 46 &Pilot Knob Road in the 2030 p.m.peak hour. (Note: Unacceptable levels of service are identified at intersections having overall LOS-E or—F.) In both cases,however,the AUAR notes that levels of service improve to acceptable levels when the signalized intersections are optimized. In May 2016,Westwood conducted peak hour turning movement traffic counts at the ten existing study area intersections. These volumes appear on Figure 16 of the 2016 AUAR Update. Traffic operation was tested using the software programs Synchro and SimTraffic, Version 9. Each of the existing intersections performs at LOS-D or better in the a.m. and p.m.peak hours. It is noted that these intersections operate at these levels despite the additional background traffic that has been generated in the ten years since the last analysis. Any comparison of traffic impacts derived from the 2007 AUAR should recognize that proposed layout of the internal road network has changed. While the earlier study assumed that there would be a minor arterial intersection at 155th&Pilot Knob,the latest plan is for 155th Street to proceed westward to a roundabout intersection with Johnny Cake Ridge Road, and then proceed northwesterly to intersect with 153`d Street at Flagstaff. A three-quarter access intersection will be developed at 152nd Street and Pilot Knob,with 152nd Street west of Pilot Knob feeding an internal street system without direct access across the entire development. Johnny Cake Ridge Road will continue to be the primary north-south collector roadway bisecting the site. 02015 Wesinnotl PI n,emi0ne Seneca.Inc. Legend IF f.).c r fin } LANE DESIGNATION �' y ¢•; AM PEAK HOUR VOLUME 10C •� - + --- ><, L +-7� la teas as 'r !>: m ea 3 471. lb PEAK HOUR VOLUME XX o.ea' • -an mfx . oft rrr - • P.a ,o. CO s ...µs:d:w sy SIGNALIZED INTERSECTION - - it 3,_, I ■ ■• ,.a�a say rcJy's.t: Ills s!,'E3li UN a" !a.w a al +ae �_ xj .!v H' E UNSIGNALIZED INTERSECTION . •. =lf: ■a ere NE . / / /11 g , / / / / / '• //' f' _. . ... a , !!! { �f 1i :; .� t!. el • - - 13 3 i: . �. _ a - r � Ll•T lei - -1. e -- - • ...... 6O[hSt IN(CSAH j'.-r s• o-.- _.........•;...•..,ter• - ...,.... 4111111.-- • X ii r`• 1' .."mow --i�.r.I� •� CStiva Th., ts� r _ �gra 1m I*.; `=s- lr},"t..r..1'^ yfrsa>'iu fix*ml .jsxa n, _ .• '1_ �..... . a.r..l1.: is S• rx as ,rx ,� d: .c u. {_�... "•f .. iu.r,:.f „ rp x ua mg 50n . -a i : a K• r f .dx-.EIS �a n.�a 5n.WI:"I Y IIL '' _.' • sw .nti f rs�moo :. ,a ut _i• Date:8-12-2016 Fischer Sand & Westwood �a�,a "°� Aggregate 2016 Existing P„�. 1952,931-5,5e 1099 Anagram Oren ° � Monroe Moxness Berg PA AUAR Update Traffic Volumes 1MK (952)931-5822 Eden Prairie,MN 5534A Clw•e sexed AM= )808)93T-5150 westvmodps.com Westwood ProreslioAAl service:,Inc. Piston!oro.�+¢,�r/vvsr- �lmeeaplalia, IHN Apple Valley,MN Figure 4 L Appendix to Question 21 —Traffic October 3,2016 Page 13 Conceptual Internal Street Network It is understood that the conceptual layout of the internal street network has been modified. The conceptual street network is shown on Figure 5. It is projected that 153rd Street will curve into 155th Street and will become the major east-west collectors through the site. Johnny Cake Ridge Road will serve as the north- south collector roadway through the site. Their intersection will become a roundabout. It is proposed that 152"d Street will end at a T-intersection to the west of a three- quarter access with Pilot Knob Road. A minor collector roadway system is proposed to provide access to the land uses fronting along CSAH 42 and Pilot Knob Road. Figure 5—Conceptual Internal Street Network _ 1.iiiN - 1 sotn st.w— ;.a • : Saiiissi.w.. ® . 40 - Minor Collector ,_4''� c C' r ilifiiiit-7-4.. 4 • , -, _ ' _ NetViiiii:.- wip. 153'd St.W- . !! �. . ? --. m t 1 .. o ?� „f:urr v. I r C a r - r 155'n St.W • __ _ imo L_ 157' St.W r,.,.k. t'int;.I,. ..L... • cobbiestone r •II' - III. .. . i,��[� _.. _..�4 �� - _�� �` hUrh•Sr w .- (Source: Westwood Professional Services,2016) The 2016 AUAR Update response to Question 21 discusses internal intersections. At this point, the roadway layout and internal intersections are conceptualized, except for the intersection of 153rd/155th Street&Johnny Cake Ridge Road. 153rd/155th Street Appendix to Question 21 —Traffic October 3,2016 Page 14 and 157th Street are functionally classified as Minor Collectors,while Johnny Cake Ridge Road is classified as a Major Collector. The existing lane arrangement for 153rd Street west of Flagstaff and for 155th Street east of Pilot Knob is both four-lane divided. It would be assumed that this lane arrangement would continue through the Fischer property. Johnny Cake Ridge Road currently operates as a single lane in each direction, but with turn lanes,north of 160th Street(CSAH 46). North of CSAH 42,Johnny Cake Ridge Road is a four-lane undivided facility. Given the long-term traffic to be generated by the site,right-of-way should be preserved for a four- lane divided facility with turn lanes through the Fischer property. The intersection of 153rd/155th Street and Johnny Cake Ridge road is being considered for control as a multi-lane roundabout. The intersection of 157th Street and Johnny Cake Ridge Road is being considered as a side-street stop control. Other local streets intersecting these collectors are considered for side-street stop control with access control complying with collector street standards. Conclusions Figures 17a and 17b of the 2016 AUAR Update show the a.m. and p.m. peak hour traffic volumes for the Phase 1 and Full Build-out scenarios. Based on updated land uses projected for the area, there will be significantly fewer trips generated by the FSA site. As a result,traffic demand at the intersections of the internal roadway network with the existing street system will also be less intense. The 2016 AUAR Update response to Question 21 discusses signalized and unsignalized intersections, their proposed lane arrangements and their operation from a LOS perspective. At this point, land uses are only conceptualized. Specific roadway capacity improvements and traffic control can be provided once specific plans for the site are developed. Tables 4a-4c show the existing levels of service at the study intersections,the projected level of service for the updated Phase 1 land uses, and the comparison of the 2007 AUAR 2030 Full Build Out land uses versus the updated 2030 projections. Figures With less intensive development now proposed,the impacts onto the surrounding street network will be more manageable. The likely conclusion will be some of the mitigation projected in the 2007 AUAR may not be needed. Therefore, it is recommended that FSA, the City of Apple Valley and Dakota County consider the effects of less intense development on their future roadway network plans. Appendix to Question 21 —Traffic October 3,2016 Page 15 Table 4a—Existing Levels of Service Existing Traffic 2016 Existing Conditions Intersection Control AM Peak Hour PM Peak Hour Level of Service Level of Service W CSAH 42 & Flagstaff Signalized _ C C CSAH 42 & Johnny Cake Ridge Rd Signalized B B CSAH 42 & Pilot Knob Signalized D D CSAH 42 & Embry Unsignalized A A Pilot Knob & 155th Unsignalized _ B B Pilot Knob & 157th Signalized _ A B Pilot Knob & CSAH 46 Signalized _ C D CSAH 46 & Johnny Cake Ridge Rd Unsignalized A A 157th & Flagstaff Unsignalized A — A 153rd & Flagstaff Unsignalized A A CSAH 46 & Flagstaff Signalized C C (Source: Westwood Professional Services,2016) Table 4b—Updated 2020 Phase 1 Levels of Service Proposed 2016 Update Phase 1 Projections Intersection AM Peak Hour PM Peak Hour Traffic Control _ Level of Service Level of Service CSAH 42 & Flagstaff _ Signalized C C CSAH 42 & Johnny Cake Ridge Rd _ Signalized B C CSAH 42 & Pilot Knob Signalized D E CSAH 42 & Embry Unsignalized A A Pilot Knob & 152nd Unsignalized A A Pilot Knob & 155th _ Signalized B B Pilot Knob & 157th Signalized B C Pilot Knob & CSAH 46 Signalized D D CSAH 46 & Johnny Cake Ridge Rd Unsignalized B B 157th & Flagstaff Unsignalized A A 153rd & Flagstaff , Unsignalized A A CSAH 46 & Flagstaff Signalized C C (Source: Westwood Professional Services,2016) Appendix to Question 21 —Traffic October 3,2016 Page 16 Table 4c—Comparison of Projected 2030 Levels of Service 2007 AUAR Westwood 2007 AUAR 2030 Projections Westwood 2030 Projections — Intersection Proposed Proposed AM Peak PM Peak AM Peak PM Peak Traffic Control Traffic Control Hour Level of Hour Level of Hour Level of Hour Level of Service Service Service Service CSAH 42&Flagstaff Signalized Signalized _ E F C E CSAH 42&Johnny Cake Ridge Rd, Signalized Signalized C E C D CSAH 42&Pilot Knob Signalized Signalized F E F F CSAH 42&Embry Unsignalized Unsignalized A C C A Pilot Knob&152nd/153rd Unsignalized Unsignalized _E B C C Pilot Knob&155th Signalized Signalized E D C C w Pilot Knob&157th Signalized Signalized C D D T D Pilot Knob&CSAH 46 Signalized Signalized F E F F CSAH 46&Johnny Cake Ridge Rd Signalized Si nalized B C C C 157th&Flagstaff Signalized Unsignalized B D A A 153rd&Flagstaff Signalized Signalized C C B B CSAH 46&Flagstaff Signalized Signalized C C C D (Source: Westwood Professional Services,2016) 02019 Westwood od P rMesalen n I So ivrc•!..Ir.. -1.-.-- 1 a Tr 1 '--•-• •. : NH' 1 ,a. i.., - 0. •Sl ...or rrfY.._ „ , U•,-e147lh Styy'ff ' + w I YY It 1 r { lL J AI r *iel. 7 F'.r• rF,'1; - 1;'ell :-...V.: ASP. ' V ►,SI.14 o SyR .i s InS1n-r w. 'CA- �- ...n p- — - _- • mo'.I1'ri r i �' r • � ..r•r r. ,J t . WVR-P52 _ Q • - • imik ortiand AAA 1. Panel pl, tmil - _ ice• • • • o val t 3tt W -- ,. — ~ r .11. Ili— y f..1, W— r ,- • i1:00•Phrmeh 7116 . -. \ 11Z I 1. I ( 1 i . ___. ir _ NNf3•P a r C o•bi4tDn- • e tb -N - :'-1. -A .. ...,.., k‘.... ---.•- !..'• ).t.:: • ., ' VI al '�_`'� , ; II rg , .! -'I i 1tt � ,1 •Ni I I.2 • � _ • - .' •r. y illy• t Q�P, nk•y• •.) 1' l. _J k WVR•P443 1 MoI!r t " 1- 1 McNamara PcH1d 6 S 1)t11 •r,'tt r'v,r w $ „, • l' IS!4•Lnl•- ram: .. (=�3 f.- ■ '; ti 4 -7 . ,(i?•l11S l-A•- i• ^ ' T. tit. a ‘� m t ' P h k a 4` n• 17,1 �i- -t- L..� 6d C' • ,. oData Source(s): Westwood (2016);Google h▪ Satellite Imagery (2016), Minnesota Department of Natural Resources, Ducks Fischer Sand Unlimited, end St Mary's University of Minnesota(29,6),MnDNR(2996), Apple Valley, Minnesota Legend Iv t 0�� City Pond Apple Valley AUAR Wes w City Pond Map Tel Fldc (3931937-5169 w t. dp n ® Project Boundary ( Feet 2. ,wocidProll,1•0u01Sor.',�.MC 0 1,200 EXHIBIT 11a g CITY OF APPLE VALLEY RESOLUTION NO. 2006-228 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SAND AND GRAVEL MINING OPERATIONS AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances,zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that provide for sand and gravel mining operations may be allowed within the confines of a"SG"(Sand and Gravel)zoning district and in accordance with specific performance standards,as a conditional use; and WHEREAS, approval of a Conditional Use Permit for sand and gravel mining operations has been requested by Fischer Sand and Aggregate,LLP and Fischer Market Place,LLP;and WHEREAS,review of such Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on November 18, 1998; and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on December 2, 1998. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that a Conditional Use Permit for sand and gravel mining operations within a"SG"(Sand and Gravel)zone be approved subject to the following conditions: 1. The Conditional Use Permit shall provide for operations to be conducted in conformance with and upon property as described within the document titled: Fischer Sand and Aggregate,LLP Conditional Use Permit 160th Street Property City of Apple Valley 2. The Conditional Use Permit may be revoked for cause if the terms contained within the document referenced in(1)preceding are not adhered to. ADOPTED this 21 st day of November,2006. -4( -4(4? M -lam 1- and, ayor ATTEST: I�anru�a., �__ Pamela J.Gaclestetter, City Clerk CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk,hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on November 21,2006,the original of which is in my possession, dated this day of __ _ _ _ , 2006. Pamela J. Gackstetter, City Clerk 2 CONDITIONAL USE PERMIT (160th Street Property) RECITALS WHEREAS,Fischer Market Place, LLP ("Owner")is the fee owner of the that certain real property legally described on Exhibit"I." attached hereto and incorporated herein ("160t Street Property"); WHEREAS, Fischer Sand and Aggregate, LLP or its affiliated companies ("Operator") intends to mine and excavate certain portions of the 160th Street Property as set forth on Exhibit"2"attached hereto and incorporated herein; WHEREAS, whenever the term "Operator" is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property; WHEREAS, certain terms and conditions regarding the mining of the 160th Street Property and those other properties owned by Owner and Operator are contained in the Revised Fischer Report, which report is attached hereto and incorporated herein as Exhibit "5" ("Revised Fischer Report"); WHEREAS, the City Council of Apple Valley approved the issuance of the conditional use permit for the mining of sand, gravel and other mineral deposits on a portion of the 160 Street Property at its regularly scheduled meeting of May 27, 1993; NOW THEREFORE, subject to the terms and conditions set forth herein, the City of Apple Valley does hereby grant this conditional use permit for the mining of sand, gravel and other mineral deposits on the 160th Street Property("CUP"). TERMS For the interpretation of certain words and phrases under this CUP,the following shall be given the meanings identified: 1. Reclamation, Restoration and Rehabilitation. For purposes of the CUP, reclamation, restoration, and rehabilitation is a process, involving the individual components as hereinafter described, which is necessary to make the 160th Street Property, suitable for development consistent with the Apple Valley Comprehensive Guide. 1 a. Reclamation/Reclaim — The filling, through the placement of clean fill or other suitable material, on any portion of the 160th Street Property, as necessary, to raise the grade of the property to an elevation as set forth in the Comprehensive End Use Grading Plan, attached hereto and incorporated herein as Exhibit"4". b. Rehabilitation/Rehabilitate — The providing and use of a suitable sub- surface material to support public infrastructure and utilities and streets necessary to allow the 160th Street property to be developed in a manner consistent with the Apple Valley Comprehensive Guide Plan. c. Restoration/Restore — The placing and spreading of sufficient topsoil (a minimum of 4 inches in all areas) upon the 160th Street Property, or any portion thereof, and the stabilization of the topsoil through the use of a vegetative cover, as approved by the City. 2. Mining Season. For the purposes of this CUP, a mining season (i.e. mining or excavation) shall consist of the duration of a calendar year between approximately April 15 and November 15, depending on weather conditions. 3. Stockpile. For the purposes of this CUP, a stockpile consists of the accumulations of material, of any nature, in such manner so as to exceed 8 feet in height as measured from the lowest point of the ground surface within a one hundred foot (100') radius from the apex of the stored material, the points of which are determined by the City. A berm established to provide a visual, noise and dust screen shall not be considered a stockpile. 4 Conflict of Terms. To the extent that the terms, conditions and references contained in the Revised Fischer Report, as identified hereafter, do not conflict with the CUP or the City's Code of Ordinances,the meanings contained therein are expressly adopted in this CUP as though originally set forth herein. Any conflict between this CUP or the City's Code of Ordinances and the Revised Fischer Report shall governed by this CUP. Notwithstanding the foregoing, the City shall be permitted to broadly interpret this CUP, the City's Code of Ordinances and the Revised Fischer Report in a manner that best promotes the public, health, safety and welfare of the City. 2 CONnmoNs 1. Compliance with Plans. The Operator shall comply with the standards and requirements contained in the following plans: a. Noise Control Plan(contained in the Revised Fischer Report); b. Dust Control Plan(contained in the Revised Fischer Report); c. Landscape and Seeding Plan(contained in the Revised Fischer Report); d. Storm Water Management Plan(contained in the Revised Fischer Report) e. Erosion Control and Slope Stabilization Plan(contained in the Revised Fischer Report); f. End Use Grade Plan(attached hereto and incorporated herein as Exhibit "4"); g. Phasing Plan(attached hereto and incorporated herein as Exhibit"3"); h. Reclamation,Restoration and Rehabilitation Plan(contained in the Revised Fischer Report). Operator shall further comply with all other performance standards as contained in the document entitled Revised Fischer Report. 2. Compliance with Permits, Approvals and Licenses. Operator shall obtain and comply with all necessary approvals, permits and licenses from the City of Apple Valley; Dakota County; Minnesota Pollution Control Agency; Minnesota Department of Health and any other regulatory agency affected by or having jurisdiction over the gravel mining and excavation of the 160th Street Property ("Project"). All costs incurred to obtain said approvals, permits and licenses and all fines or penalties levied by any agency due to the failure of the Operator to obtain or comply with the conditions of such approvals, permits and licenses shall be the responsibility of the Operator. Any default or violation of the approvals, permits, or licenses required in connection with the Project shall be a violation and default under this conditional use permit. The Operator shall indemnify,defend and hold the City of Apple Valley harmless from any action initiated by a regulatory or governmental agency due to a violation or default of any approval, ordinance, City Code,permit or license,which results from the operator's actions or failure to act. 3 3. Compliance with Laws. The Operator shall comply with all other laws, regulations,permits or licenses,which may apply and/or are issued in connection with the operation of the 160th Street property. The Operator shall further comply with any and all requirements of the City Code for the City of Apple Valley, however, if the City Code conflicts with the terms of this CUP,then this CUP shall control. 4. Use of 160th Street. Operator shall not use 160th Street for traffic in connection with any mining activity on the 16e Street Property. Operator shall use conveyors or other methods of transporting any mining material to other properties owned by Owner or Operator so that 160th Street will not be used in connection with any mining or excavation activity. 6. Excavation Permits. The Operator shall obtain an annual excavation permit(s), as set forth in the Apple Valley Code of Ordinances in connection with any area of the 160th Street Property where the earth is to be disturbed_ With the application for the annual excavation permit, the Operator shall submit a plan depicting what and where activities are anticipated to occur within the following 24-month period from the date of the application.The submission of such plan does not grant the Operator any additional rights to excavate or mine any area beyond that area permitted under an excavation permit. Operator shall riot be permitted to mine, excavate, or disturb the earth on any portions of the 160th Street Property not expressly permitted in the annual excavation permit. 7. Conditions of Operation. All mining of material, transporting of material by conveyor to the processing area and any other operations on the 160t Street Property, shall be conducted during the hours as set forth in Paragraph 6(I) of the Fischer Report. Notwithstanding the terms of this paragraph, upon written application to the City by the Operator,the City Council may permit an extension of the hours of operation as set forth in this paragraph, subject to noise and air pollution control measures and additional terms and conditions as determined by the City Council. 8. Blasting. The Operator shall not blast,with the use of dynamite or other explosives, for the purposes of excavation,mining operations or any other purpose. 9. Minim on the Property. The Operator shall only excavate, for the extraction or mining of material, those portions of the 160th Street Property identified for such purpose as set forth on Exhibit"2". 10. Completion of Mining. Once the Operator has finished and restored a phase, that phase may not be reopened for any mining activity, except as approved by the City within an annual excavation permit. 4 11. ImnortinR of Material. No material including sand, gravel or mineral deposits of any nature, whatsoever, shall be imported to the 160th Street Property, except as expressly approved by the City. Notwithstanding the foregoing, Operator may import clean fill and topsoil necessary for the reclamation, rehabilitation and restoration of the 160th Street Property. 12. Stockpiling. All stockpiling of material and/or minerals, except topsoil and clean fill, shall be located in the central processing area of the Seed Property or as approved by the City in connection with the annual excavation permit. No stockpiling of materials or minerals shall occur on the 160t Street Property without the prior approval of the City in the annual excavation permit. The Operator shall be responsible to mitigate any adverse effects that result from the pulverizing of black dirt, including the use of watering or relocation, if the City notifies it of the receipt of complaints_ Failure of the Operator to successfully mitigate the adverse effects shall be grounds for revocation of this permit. 13. Dust Control_ The Operator agrees that in order to control dust, it will do additional watering as requested by the city Public Works Director. Such requests may be made orally and the Operator agrees to implement the additional watering within one-half(1/2)hour of the.City's request. The Operator agrees that should the City determine, at its sole discretion, that the Operator has failed to adequately implement the additional watering necessary to control dust, the City may proceed to enter upon the Owners' property, which license is expressly granted herein, for the purpose of watering the property to effectuate dust control. The Operator and Owner agree to pay any and all cost born or incurred by the City for watering and agree to pay the city within 30 days of invoice, thereof. The Operator and Owner further agree that upon failure to pay the invoice, that all amounts reflected in the invoice shall be certified as a lien against Owner's property and be due and payable in connection with the taxes thereon. 14. Restoration. Owner shall reclaim, rehabilitate and restore the 160th Street Property in accordance with the phasing plans and reclamation, rehabilitation and restoration plans, as set forth in the Revised Fischer Report and Exhibit "3" attached hereto, and on or before the dates set forth in the phasing and reclamation, rehabilitation and restoration plans. Operators reclamation, rehabilitation and restoration shall comply with the Comprehensive End Use Grading Plan as set forth on Exhibit "4" attached hereto and incorporated herein_ Upon request by the City, Operator shall provide a report prepared by Braun Intertec and Probe Engineering and Sunde Engineering regarding the reclamation, rehabilitation and restoration of all Fischer Properties covered by any CUP in the City. The report shall include all soil composition reports and other information to ensure proper reclamation, rehabilitation and restoration of said properties. 5 15. Default. Default is the failure by the Operator to observe or perform any covenant, condition, obligation or agreement to be observed or performed by it under this CUP, within thirty (30) days after delivery of written notice from the City. The written notice must specify to a reasonable degree the problem, and request that it be remedied. The Operator shall have a period of thirty (30) days from the date of the delivery of such notice to correct the problem. Upon request by the Operator, the City may agree in writing to an extension of the 30 days period, prior to its expiration, for such longer period as may be reasonably necessary to remedy such problem, provided that the Operator is proceeding with reasonable diligence to remedy the same. 16. Remedy. a. Upon the occurrence of an uncured default, the City Council ("Council"), following a public hearing, with notice of the time and place of hearing being given to the Operator,may terminate this CUP. b. Termination of the CUP shall not occur earlier than ten (10) working days from the time that written notice of termination following Council action is received by the Operator. Notice to the Operator shall be served personally or by certified mail at the address designated in this CUP. Such written notice of termination shall contain the effective date of the termination,the nature of the violation or violations constituting the basis for the termination, the facts which support the conclusion that a violation or violations has occurred and a statement that if the Operator desires to appeal, it must be within ten (10) working days, exclusive of the day of service, that the Operator file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and be served personally or by certified mail on the City by midnight of the tenth (10th) working day following service of the notice of termination. Following receipt of a request for hearing,the City shall set a time and a place for the hearing. In the event a hearing is requested by the Operator, termination shall be stayed until written notice of the Council's action following the hearing has been received by the Operator. HEARINGS: (1) If the Operator requests a hearing on termination of the CUP, such hearing shall be held before a hearing examiner as provided below, and shall be open to the public. (2) Unless an extension of time is requested by the Operator in writing directed to the City and is granted, the hearing will be held no later than forty-five (45)calendar days after the date of service of request for hearing, exclusive of the date of such service. In 6 any event, such hearing shall be held no later than sixty (60) calendar days after the date of service of request for a hearing, exclusive of the date of such service. (3) The City shall mail notice of the hearing to the Operator at least fifteen(15) working days prior to the hearing. Such notice shall include a statement of the time, place and nature of the hearing. (4) Hearing Examiner: The Council shall request appointment of an Administrative Law Judge from the Office of Administrative Hearing to conduct the hearing and to make findings of fact, conclusions, and recommendations to the Council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the Council in a written report. The rules of the Office of Administrative Proceedings will { apply. (5) Conduct of Hearing: The City and the Operator may be represented by counsel. The • City, the Operator, and additional parties, as determined by the Council or hearing • examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to conduct discovery, respond to and present evidence, cross-examine witnesses, and present argument. The hearing examiner may also examine witnesses. (6) The City shall have the burden of proving its basis for termination by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of facts, conclusions, recommendations, and decisions by the council shall be based on evidence presented and matters officially noticed. (7) All evidence, which possesses probative value, including hearsay, may be admitted if it is the type the parties are ordinarily accustomed to rely on in the conduct of their affairs. Evidence, which is incompetent, irrelevant, immaterial, or unduly repetitious, may be excluded. The hearing shall be confined to matters raised in the city's written notice of termination or in the Operator's written request for a hearing. (8) At the request of the City, the Operator, or the hearing examiner, a pre-hearing conference shall be conducted by the hearing examiner. The pre-hearing conference shall be held no later than five (5)working.days before the hearing. The purpose of the pre-hearing conference is to: (i) Clarify the issues to be determined at the hearing. 7 (ii) Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner or City's representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. (iii) Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known,the party shall describe them thoroughly by job duties and involvement with the facts at issue. (9) If a pre-hearing conference is held, evidence not divulged as provided above may be excluded at the hearing. (10) If the Operator fails to appear at the hearing,it shall forfeit any right to a hearing before a hearing examiner. (11) The Operator has the right to seek judicial review of the findings of fact, conclusions, and recommendations of the hearing examiner, as well as decisions of the Council, both prior to and subsequent to the hearing. 18. Notices. Notices given pursuant to this CUP shall be personally delivered or sent by certified mail to the City of Apple Valley, attention City Clerk, 7100 W 147th St., Apple Valley, MN 55124; and to the Operator: Attention: Peter Fischer, 14698 Galaxie Avenue, Apple Valley, MN 55124. All notices shall be effective upon delivery or deposit in the United States Mail. 19. Approval and/or consent of the city. Unless otherwise stated for purposes of this Permit the use of the terms "approval of the City" or consent of the City" shall mean the approval by the City Council. 20. Desicnee. From time to time, the city shall designate an individual as its designee to carry out the rights and obligations, wherever applicable, as set forth in this CUP. 21. Indemnification. The Owner and Operator shall indemnify and hold the City, its officers, and employees harmless from and against all claims, suits, actions, fines, damages or liabilities, and all costs and expenses related thereto (including reasonable attomey's fees)arising out of the issuance of this CUP. 22. Survival. The obligations of Owner and Operator to indemnify the City as set forth herein shall survive the termination of this CUP. 8 23. Assignment. The Owner and Operator shall give the City written notice prior to the change of ownership of any of the parcels constituting the 160th Street Property, and prior to the assignment of the rights or obligations under this CUP. 24. Interpretation. In any challenge of the provisions of this CUP, the interpretation of the provisions shall be liberally construed to protect the public health, safety and welfare. When the terms of any law(s),regulation(s),permit(s)or license(s) conflict, the stricter law,regulation,permit or license shall apply,unless preempted by a state or federal law or regulation. 25. Amendments. Any changes in the provisions of this CUP, requested by the Operator, require the express written consent of the City Council. The City may amend the CUP in accordance with the City Zoning Ordinance. 26. Severability. If any provision of this CUP is found to be invalid, such finding shall have no affect on the validity of the remainder of this CUP. 27. Binding Effect This CUP shall run with the land and shall be binding upon the heirs, successors, administrators and assigns of the Owner and Operator. This CUP shall be recorded with the Dakota County Recorder's Office. 28. Waiver. The waiver by the City of Apple Valley of the enforcement of a violation of any condition contained in this CUP shall not constitute a waiver of the enforcement of any other term or condition set forth in this CUP. 29. Violation. The violation of any term contained in this CUP is a criminal misdemeanor. CITY: OWNER: CITY OF APPL VALLEY FISCHER MARKET PLACE,LLP - 6)it Li . ki- BfrMmann-Rolan By: Peter Fischer . yor Its: Managing Partner Pcsiymn 6644165111= OPERATOR: By:Pamela J. FISCHER SAND AND AGGREGATE, LLP Its: City Clerk ilk , zt, d . J B y: eter Fischer q Its: Managing Partner 9 • STATE OF MINNESOTA) )ss. COUNTY OF DAKOTLA) On this /�7 day of 2GC e4 _i.�iLf ,2006, before me a Notary Public within and for said County, personally appears Mary Harnann-Roland and Pamela J. Orackstetter to me personally known,who being each by me duly sworn, each did say that they are respectively the Mayor and City 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 saidMayor and Clerk acknowledged said instrument to be the free act and deed of said municipality.] A 1L4L4LC • C '1 121 otary Public JOANNE H.MIJRPHY STATE OF MINNESOTA) _ NOTARY PUBLIC-MINNESOTA �► `•.�:- : My Canrtdsslon Expres.Ian 31, ) SS. COUNTY OF DAKOTA) On this I /' day of M- VIt'`: , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known, who being duly sworn, did say that he is the Managing Partner of Fischer Sand and Aggregate Co in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors acknowledged to be the free act and deed of the corporation. JENNIFER THOMPSONC_e 'l Il ' NOTARY PUBLIC-MINESOTA y Public • My Commission Expires Jan.31,2010 STATE OF MINNESOTA) )ss. COUNTY OF DAICOTA) On this ' C7C day of IV u+l Wl , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known, who being duly sworn, did say that he is the Managing Partner of Fischer Market Place, LLP in the foregoing instrument, and that said instrument was signed on behalf of said limited liability partnership by authority of its Partners acknowledged to be the free act and deed of the partnership. C 40 V) Of9j)Int otary Public el JENNIFER THOMPSON NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 10 EXfIIBIT 1 Legal Description Parcel 1. P.I.D.No. 01-03500-011-78. Legal Description: S %OF SE '/ EX E 1645 FT &EX 3.444 ACS TO DAKOTA COUNTY&EX N 525 FT OF S 615 FT OF W 177.5 FT 35 115 20 Parcel 2. P.I.D.No.01-03500-011-52. Legal Description: E 50 ACRES OF E /z OF SW VI EX N 525 FT OF S 615 FT THEREOF 35 115 20 Parcel 3. P.I.D. No. 01-03500-014-77. 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'[--. - - -;. , j ! . _ - _F a • • .:� ..:; �. � - - - - .[mot W :fir, .. ...9iP ,il6�•SW -,:: j.,. .?'* ' - '!+':._ ::1i•• F s• - .... -illE""•. cream .•,...:._,c .: .ii : •_:. :: . • ,.'':'.!c.'I n.;4.;4;-1''.1':!•,.•';.'o.l-•.„.,.,'I-''..:'•1•.'•_.'.:'„1.1•.:.:-y..:7:4:.•:'i,"',._i1..'..:-d•.:.„',r.„;.,..,.......,,1 d„-••••kr9.44..- .w PA: f N EXHIBIT 3 Phasing Plan See Attached. 13 • • • 1 ••_ iu;' • 3 FHIO},9LIIIEIro19 iMl1 TOICOOH71unan Rate c-sui 4.M91N6 kn1E 7AI PM%TO II PIPIONEON Iri i'•"a 11...._r• 14., I'e-^• +i'�••'c ..'.-r:;�{'•wrr..' "-�� iECnd1I-EAeN 9iLR01I TO IE wMEa PIQ racuiaa son+It I uo,RM,UT IRSM1lYJ.i]LII ToTXE OItY,, M -I �� •'_ ,-1.�'ILR,r12 }C t+�_"-'•r,�1u"'Is COI j —� I .rrL� II .R1„•1 PMIe. PAwi14-__,. n-- y I i f� :�. ----)r II FISCHER 1 Rini .ir~ urye,eewaPrna t i SAND AND I I I' AGGREGATE POWI ' { I 1,nv 101 PM,II Im9Yhtil1I1b9I17 1 �d h .s APPLE VALLEY,u 1 AAn11MpA>017ii11 MI INNESOTA I: N li . H II -- - - 3i ,I,.:}17E.r - 111_4,Ft rn. 1 ,-- . W I • : _ .. ..�...-..«-.- 'r -'•- , , I e.lw,. \ :WI-ulltAF-µ. ri_srs ` PA'".+'d1.t�II7m, �.°"L1:d . ..A"1;-.�1:L:: .... 'i �ti T.S'197'�i' I "Z:N. } + Inamm.*,p s e,n.m•,.rwl.ec rlxtw.af. ...... II ruRE sarnl 1' -- 1 Oil • ,.7 y 1016Pirairmw W.. Ir frs •�~ � ., .,..rlwllx - l �I,�pa1 j T I . . _._ 1 I Phan,n II CUP .. 1r4INING AND RESTORATION 1 ,_.+PHASING °°a° ti EXHIBIT EXHIBIT 4 Comprehensive End Use Grading Plan See Attached. 14 . ,-.'_ '!. 6 __ -'—— —'I -- •In . :I. i s Cs-aa,•a en t Wet, I . ,^ I 5. it • a r ["— FISCHER .e..bk...1.�.p J .w.•°"`-as.ar SAND AND I. ex. " �_� irr elam.u...,....7 �,.a....,w 1 ma AGGREGATE ' 1- illpht j _ �1+�, ��___Ti 4 w r rcxsr VALLEY APPLis Pi hh. .... . . i I, ., 4,.. ... .ww• �lf� FAkiIVNk uOTA f{ Mk. H .1, 1_1: imii. 0., _. .• I.! i_. / „ . ............ ,. ��`i ,,c , �• �— 141 '..- . a. aa. 4- — 4- r .-r --0- _17, / i o a 4. liblittak E M ___J _ _ID_ i,Np.ri . — -_____.. Mat. aa -.� 1 rnwcs=s rmro i 1 ' Cup I iv" ycND USE liming y�,� GRPDES v • ie 2 I • EXHIBIT 4 v .r.........,.......,.....w«...w....., 1.......I EXHIBIT 5 Revised Fischer Report See Attached. 15 EXHIBIT "5" Revised Fischer Report Fischer Sand and Aggregate Co. Conditional Use Permit City of Apple Valley DEFINTIONS For the purpose of this submittal,certain terms or words used herein shall be interpreted as follows: 1. City shall mean the City of Apple Valley. 2. Central Processing Area shall mean that area, on Exhibit 2 where sand and gravel is processed_ 3. Conveyor shall mean an electrical powered belt conveyor,which shall be used to convey sand and gravel material and black dirt (topsoil) from the mining area to the processing area. 4. CUP shall mean a conditional use permit(s),which may be issued by the Apple Valley City Council. 5. EIS shall mean the final draft of the Environmental Impact Statement for Consolidated End Use Concept for Sand&Gravel Mining Operations in Apple Valley. 6. Fischer shall mean Fischer Sand&Aggregate Co. 7. FSA Property shall mean that certain real property identified as the FSA Property on Exhibit"1"attached hereto and incorporated herein.. 9. Haul Road shall mean the access road leading from County Road#42 to the central processing area as shown on Exhibit"1" 10. 160th Street Property shall mean that certain real property identified as the 160th Street Property on Exhibit"1"attached hereto and incorporated herein 11. Operator shall mean Fischer Sand&Aggregate Co. 12. Phase shall mean a sequence of mining that shall occur as mining progresses. 13. Pit Face shall mean the exposed aggregate slope toward which mining is to occur. 14. Seed Pronerty shall mean that certain real property identified as the Seed Property on Exhibit"1"attached hereto and incorporated herein. 2 1.) Introduction.This report pertains to the Conditional Use Permits("CUP")for properties located in Apple Valley and designated for sand and gravel operations. 2.) Description of Operations. A. Overall Operations Exhibit "2" illustrates the overall mining and processing areas. Sand & gravel deposits are mined and conveyed to a central processing area located on the Seed parcel. The Central Process Area includes a concrete ready-mix plant,crusher, screening and wash plant, sedimentation ponds, conveyors, scale house,. truck parking, stock piles, pulverizing of black dirt, storage of ancillary equipment, water well and internal road network necessary for operations. B. Access Road Current access to the Central Processing Area is via Johnny Cake Ridge Road and County Road 42.This is a controlled intersection.All material removed from the properties will be transported from the Central Processing area, unless otherwise approved by the Apple Valley City Council. There will be no hauling of material from the properties onto 160th Street. An access road has been constructed from the truck maintenance facility to Pilot Knob Road.This access is currently used on a minimal basis. An 8"Magellan pipeline runs roughly parallel and just south of the existing haul road (future 1 53 St.)off of Pilot Knob Road. C. Phasing/Staging Plan Currently, mining is completed east of Pilot Knob Road. Mining will subsequently move west of Pilot Knob. Mining will then move to the western portion of the site. The final phase of mining will be the northern portion of the 160th Street Property which consists of a ridge that provides screening of the operations area from residential land uses to the southwest This portion of the 160t Street Property will be mined and restored within two mining seasons.The phasing of mining and restoration of the 160th Street Property,as well as the PSA and Seed Properties,is illustrated on Exhibit"3". 3.) Areas Adjacent to Borders.Screening berms will be established within the mining setback area of the 160s'Street property when active mining progresses to•this area.The berms will be constructed with a maximum slope of 2:1.The screening 4 berms will be seeded and mulched to establish vegetation and maintained until removed as part of restoration of the mining area 4.) Reclamation,Restoration and Rehabilitation.Reclamation will involve the restoration of areas exhausted of their aggregate reserves. Steps in sequence taken to achieve restoration include: 1. Grading and for filling to the end use grades as set forth on Exhibit"4". 2. Respread topsoil to a minimum depth of 4 inches in all areas. 3. Seed and otherwise stabilize in accordance with the landscape plan contained in this report. 4. Maintain vegetation and re-seed where necessary. 5. Plant trees on slope as provided by landscaping plan. 6. All ground water or storm water storage areas resulting from excavation shall be rehabilitated in accordance with the provisions of Ordinance No.472 Section A1-48(g)(6). Mining phases shall be restored by stripping topsoil from new mining areas and respreading over the phase being restored,or utiliving topsoil stored on site in the form of screening berms where mining activity is complete and screening berms are no longer necessary as determined by the City. 5.) The City of Apple Valley has adopted a City Stormwater Management Plan. As part of this Plan, outlet elevations for storm water leaving the City of Apple Valley and entering the City of Lakeville have been established in cooperation with the City of Lakeville. 6.) Performance Standards and General Provisions A. Noise Control 1. The maximum noise levels at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and U.S. Environmental Protection Agency. Any documented violations reported to the operator will be corrected/mitigated by the operator within 15 days of written notice.Methods set forth in the EIS will be utilized in controlling noise in berms, distance, screening of operations and similar methods. 2. The Operator shall use a conveyor system to move material from the pit face(s) to the Central Operations Area to reduce noise that would otherwise be generated daily by trucks hauling material 5 within the site. Mining shall be carried out towards the perimeter of the sites so that the mine face provides additional topographic shielding of the operations. B. Dust Control. Reduction of dust generation can be achieved by Operator implementing the following operational procedures: 1. Conduct stripping operations as quickly as practical. This includes removing all of the topsoil to expose the underlying sand and gravel with reduced dust production potential, and stockpiling the topsoils. 2. All efforts shall' be made to attempt to schedule stripping operations in areas adjacent to sensitive areas during cooler months when the windows of nearby residents in the area are more likely to be closed. 3. As areas of mining are completed, they shall restored and prepared for development. • 4. The Operator shall use all efforts to minimize erosion of topsoil" will further reduce dust production at the site. The following measures will be taken.to reduce dust generation due to vehicular movement: ■ The access road.off County Road 42 to and from the main operations center will be paved for a minimum of 300 feet from County Road 42. ■ The gravel portion of the main haul road, secondary haul roads and traveled portions of the operations area will be watered daily during the mining season unless it rains in excess of 0.02 inches in a given day. Water trucks will be available on-site throughout the mining season to insure the availability of sufficient watering of the haul roads. 6 • If there should be a particularly dry and windy day during the mining season during which the City believes more frequent watering is necessary, the City may request the operator to perform additional watering of the haul roads. The operator will have sufficient watering trucks and personnel available to comply with an increased watering schedule as may be requested by the City. - The general setting of operations will be recessed and perimeter berms,which will act to trap a portion of the dust generated within the site,and prevent it from migrating beyond site boundaries. • Operator shall use a conveyor to transport the majority of mined sand and gravel material from the pit face to the Central Processing Area, Minnesota Pollution Control Agency Guidelines. The site will operate under an Air Emissions Permit. The Minnesota Pollution Control Agency (Iv PCA) has not adopted any formal guidelines on the control of fugitive dust in gravel mining operations.Fugitive dust control is addressed by the MPCA as part of their Air Emissions Permit, which must be secured for operations. Conditions of the permit are written specific to individual mining sites. Conditions of the permit will address dust control measures such as watering of haul roads as discussed above. The operator will comply with all conditions of the MPCA Air Emission Permit as issued. C. Berms. 1. Berms shall be established and maintained as follows: A berm will be constructed along the southwest mining setback of the 160d' Street property. The berm will be established to provide a visual, noise and dust screen for mining. The berm shall be an earth berm. The side slopes shall be a maximum of 2:1 (horizontal to vertical slope). The slopes shall be planted with suitable vegetation to stabilize the slopes. The berm shall be maintained until mining is completed on the 160th Street property. The berm may be removed as part of final restoration activities. 2. Berms shall be constructed at a maximum slope of 2:1. 3. All berms shall be stabilized as quickly as practical by applying seed and mulch and watering as needed to assure proper establishment of vegetation. Seeding and mulching will be performed within 15 days of completion of graving of a section of a berm. Berms will be inspected periodically and areas reseeded as needed. 7 D. Landscaaing and Seeding. 1. All areas to be restored, except berms as described above, will be fertilized and seeded to legumes and perennial grasses. MN-DOT seed mixtures No. 2 and 13 will consist of rye for quick ground cover and perennial ryegrass, alfalfa and field bromegrass for permanent ground cover. 2. Upon replacement of the topsoil,legumes,grasses or other ground cover, similar to Minnesota Department of Transportation Mix No. 2 and 13 referred to above, will be planted upon such areas in order to avoid erosion. Berm, stockpiles, drainage channels and setback areas will be seeded and/or planted within 15 days after completion of final grading. 3. The Operator will be responsible for final grading and reseeding of all reclaimed land unless development is pending; in which case,the grading and reseeding will be in accordance with the approved development plan. Seeding dates shall be between April 15th and September 15m. Additional seeding dates may be approved in the annual excavation permit. On slopes greater than 6%, disk anchored straw mulch may be used. Soil erosion fences, bales, dikes or combinations thereof may be used at the base of slopes greater than 12%until they are established by vegetation 4. Trees and shrubs will be planted on the side slopes in final stages after the permanent side slopes are established. The size, species, location and quantities will be reviewed with the City as a part of review of final restoration. E. Setbacks. 1. Mining operations shall not be conducted closer than 30 feet to the boundary of an adjoining property line unless the consent of the owner in fee of such adjoining property is first secured in writing. 2. Mining operations shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street,road or highway,except that excavating maybe conducted within such limits adjacent to any boundary in order to reduce the elevation thereof in conformity to the approved grades or existing or platted street,road or highway or to create a berm. 8 F. Storm Water Management.Storm water runoff within active mining areas generally flows to the lowest point in the open,phase and infiltrates into the ground.Due to the granular nature of the soils encountered in a gravel mining operation,ponding for an extended amount of time does not occur. Diversion berms are constructed as required to minimize runoff generated in area adjacent to the phase being actively mined from entering the mining area G. Erosion Control and Slone Stabilization. Operator shall employ erosion control and slope stabilization methods as follows: 1. Side Slope.The steep side slopes (greater that 3:1),which are created along the perimeter of a completed mining area,will be stabilized and seeded.Final side slope(4:1) as illustrated on Exhibit 4 will be established when mining is completed.At that time vegetative planting will be established as previously described. 2. Restoration Seeding. Graded or mined areas will be restored as described in the Land Rehabilitation section of this report. 3. Maintenance of Vegetation.Areas that are vegetated will be maintained by weed control,periodic mowing when vegetation height exceeds twelve-inch(12")growth and reseeding where growth did not occur. All exposed areas will be stabilized in order to control erosion.Side-slopes in the central processing area will not be seeded unless there is no other means to maintain these slopes. Other areas will be seeded in order to control erosion as described,i.e.berms restoration areas and restored side slopes. In this manner reasonable erosion control can be attained.. • H. Water Pollution.The Operator will comply with all Minnesota DNR and Pollution Control Agency regulations and U.S.Army Corps of Engineers and Environmental Protection Agency regulations for protection of water quality.No waste product or process residue,including untreated waste wash water,will be deposited in any lake,stream or natural drainage system except ponds wholly contained within the excavation site.AU human waste materials shall utilize a satellite toilet facility,which shall periodically be pumped. Hours of Operation. The hours of operation shall meet the provisions of Section 155.291,Subd.(C)of the City Code; except,that the operator may request a special permit by the City Council for additional hours for a specified time when warranted for a specific project. 9 Hours of operation for excavation,processing and truck hauling,which may be amended by the City Council in the conditions attached to the conditional use permit, shall be as follows: 1. Areas less than 3.600 feet to residential areas. The maximum hours of operations for excavation,processing,except concrete and asphalt processing, and truck hauling equipment in a sand and gravel district where these activities are located closer than 3,600 feet to the city's,or an adjacent city's,developed or zoned residential property which existed prior to the effective date of this chapter and zoning map amendment,shall be 6:30 am. to 5:30 p.m.,Monday through Friday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 2. Areas more than 3.600 feet from residential areas. The maximum hours of operation for excavation,processing,except concrete and asphalt processing,and truck hauling equipment in a sand and gravel district where these activities are located farther than 3,600 feet to the city's,or an adjacent city's developed or zoned residential property which existed prior to the date of this chapter or map amendment, shall be 6:00 a.m.to 6:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 3. Processing and mixing extended hours. The maximum hours of operation for concrete and asphalt processing and associated truck. hauling equipment,not excavation or crushing,in a sand and gravel district wherein the processing equipment is located in a centralized location and within an enclosed processing building shall be 5:00 a to 10:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. J. Traffic Management. Truck traffic will only ingress and egress from the site from the driveway access to County Road 42 at the Johnny Cake Ridge Road intersection, K. Fencinz.No fencing is planned except security gate fencing as determined to be necessary by Operator or such other fencing as may be required by the City of Apple Valley. L. Sims. The only sign shall be the identification sign at the entrance to the property along County Road 42. 10 M. Weed Control. Weeds and other unsightly or noxious vegetation will be controlled by periodic mowing and/or spraying. Existing trees and topsoil along existing public right-of-way will be maintained unless otherwise approved by the City. N. - Fuel Storage. There will be no fuel storage on any of the 160Th Street Property. Fuel storage shall be limited to the existing site adjacent to the Maintenance facility as shown and noted on Exhibit 2. O. End Use Plan. The purpose of the End Use Plan is to guide the mining and reclamation of the site in a manner that will be consistent with the ultimate development of the area. The End Use Plan provides a basis for the grading, drainage and utility plans. Attached hereto as Exhibit 4 is the new End Use Grading Plan. In other respects, the owners and operators will cooperate and coordinate end use grading with the City and adjacent property owners. P. End Uses. No specific end uses are proposed at this time except for Commercial/Industrial uses along County Road 42 within the 525 feet that will remain generally consistent with existing elevations. The remaining mined area may be developed with a variety of land uses to be determined over the next several years. The owner will cooperate with the City in planning for end uses for the subject property. Q. Public Utilities. The owner will cooperate with the City in planning for public utility service after mining and restoration are completed. R. Required Permits. 1. Annual Excavation Permit. An annual excavation Permit shall be obtained in accordance with the provisions of the Apple Valley City Code. 2. Building Permits.Building permits shall be obtained from the City for any structure requiring a permit under the Minnesota Uniform Building Code. 3. MPCA Air Emission/Storm Water Permits. Permits from the Minnesota Pollution Control Agency(MPCA)have been obtained for an"Air Emission" permit for a Sand and Gravel Quarry and Air Pollution Equipment according to MN Statutes Chapters 115 and 116. A permit has been obtained from the MPCA for storm water ponding_ 11 4. Sign(s)Permit. Sign(s)permits shall be acquired from the City for any business identircation,sales or advertising signs as regulated by the City Code. 5. Special Permit(City).Permits for additional hours of operation,if requested and approved by the City Council shall be obtained. S. Pipeline.There are fuel pipelines(Magellan)running north south along the western N+eperty boundary of the site.There are also lines running east west between the Seed site and the 160th Street property line,and east west along the western boundary of the site and on the adjacent property to the south and along the west boundary of the subject 242 acre mining site.The operator will maintain an appropriate slope and setback from these pipelines during mining. T. Additional Operational Controls.There shall be no blasting for mining operations. • 12 EXKIBTT3 1. General Location Map 2, Mining and Processing Area 3. Mining and Restoration Phasing 4. End Use Grades 3 ... . ' • • - 1 ..leatiket:i .....-11•41r•-•-41111.---1=. h " ' • 7.I 'F---...$,;..T...-..F......---.. ... 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CITY OF APPLE VALLEY RESOLUTION NO. 2006-229 A RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR SAND AND GRAVEL MINING OPERATIONS AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances,zoning regulations to control land uses throughout the City;and WHEREAS,said regulations provide that provide for sand and gravel mining operations may be allowed within the confines of a"SG"(Sand and Gravel)zoning district and in accordance with specific performance standards, as a conditional use;and WHEREAS,approval of an amended Conditional Use Permit for sand and gravel mining operations has been requested by Fischer Sand and Aggregate,LLP; and WHEREAS,review of such an amended Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that a Conditional Use Permit for sand and gravel mining operations within a"SG"(Sand and Gravel)zone be approved subject to the following conditions: 1. The amended Conditional Use Permit shall provide for operations to be conducted in conformance with and upon property as described within the document titled: Fischer Sand and Aggregate,LLP 2006 Amendment to the Seed Property Conditional Use Permit City of Apple Valley 2. The Conditional Use Permit may be revoked for cause if the terms contained within the document referenced in(1)preceding are not adhered to. ADOPTED this 21st day of November,2006. an ayor Attachment 1 ATTEST: ��56 Pamela J.Gac tatter, City Clerk CERTIFICATE I,Pamela Gackstetter,Apple Valley City Clerk,hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on November 21, 2006,the original of which is in my possession, dated this day of _ , 2006. Pamela J. Gackstetter, City Clerk 2 • 2006 AMENDMENT TO THE SEED PROPERTY CONDITIONAL USE PERMIT RECITALS WHEREAS, Fischer Sand & Aggregate LLP, a Minnesota limited liability partnership ("Owner") is the fee owner of the two parcels of real property with PID numbers 01-03500- 011-03 and 01-03500-010-25 which real property is legally described on Exhibit "1" attached hereto and incorporated herein("Seed Property"); WHEREAS, Fischer Sand and Aggregate, LLP or its affiliated companies ("Operator") intends to mine and excavate certain portions of the Seed Property as set forth on Exhibit "2" attached hereto and incorporated herein; WHEREAS, whenever the term "Operator" is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property; WHEREAS, certain terms and conditions regarding the mining of the Seed Property and those other properties owned by Owner and Operator are contained in the Revised Fischer Report, which report is attached hereto and incorporated herein as Exhibit "5" ("Revised Fischer Report"); NOW THEREFORE, subject to the terms and conditions set forth herein, the City of Apple Valley does hereby grant this conditional use permit for the mining of sand, gravel and other mineral deposits on the Seed Property("CUP"). TERMS For the interpretation of certain words and phrases under this CUP,the following shall be given the meanings identified: 1. Reclamation. Restoration and Rehabilitation. For purposes of the CUP, reclamation, restoration, and rehabilitation is a process, involving the individual components as hereinafter described, which is necessary to make the Seed Property, suitable for development consistent with the Apple Valley Comprehensive Guide. a. Reclamation/Reclaim — The filling, through the placement of clean fill or other suitable material, on any portion of the Seed Property, as necessary, to raise the grade of the property to an elevation as set forth in the Comprehensive End Use Grading Plan, attached hereto and incorporated herein as Exhibit"4". 1 • b. Rehabilitation/Rehabilitate — The providing and use of a suitable sub- surface material to support public infrastructure and utilities and streets necessary to allow the Seed Property to be developed in a manner consistent with the Apple Valley Comprehensive Guide Plan. c. Restoration/Restore — The placing and spreading of sufficient topsoil (a minimum of 4 inches in all areas) upon the Seed Property, or any portion thereof, and the stabilization of the topsoil through the use of a vegetative cover, as approved by the City. 2. Mining Season. For the purposes of this CUP, a mining season (i.e. mining or excavation) shall consist of the duration of a calendar year between approximately April 15 and November 15, depending on weather conditions. 3. Stockpile. For the purposes of this CUP, a stockpile consists of the accumulations of material, of any nature, in such manner so as to exceed 8 feet in height as measured from the lowest point of the ground surface within a one hundred foot (100') radius from the apex of the stored material, the points of which are determined by the City. A berm established to provide a visual, noise and dust screen shall not be considered a stockpile. 4. Conflict of Terms. To the extent that the terms, conditions and references contained in the Revised Fischer Report, as identified hereafter, do not conflict with the CUP or the City's Code of Ordinances,the meanings contained therein are expressly adopted in this CUP as though originally set forth herein. Any conflict between this CUP or the City's Code of Ordinances and the Revised Fischer Report shall governed by this CUP. Notwithstanding the foregoing, the City shall be permitted to broadly interpret this CUP, the City's Code of Ordinances and the Revised Fischer Report in a manner that best promotes the public, health, safety and welfare of the City. CONDITIONS 1. Compliance with Plans. The Operator shall comply with the standards and requirements contained in the following plans: a. Noise Control Plan(contained in the Revised Fischer Report); b. Dust Control Plan(contained in the Revised Fischer Report); c. Landscape and Seeding Plan (contained in the Revised Fischer Report); 2 d. Storm Water Management Plan(contained in the Revised Fischer Report) e. Erosion Control and Slope Stabilization Plan(contained in the Revised Fischer Report); f. End Use Grade Plan(attached hereto and incorporated herein as Exhibit 4); g. Phasing Plan(attached hereto and incorporated herein as Exhibit 3); h. Reclamation,Restoration and Rehabilitation Plan(contained in the Revised Fischer Report). Operator shall further comply with all other performance standards as contained in the document entitled Revised Fischer Report. 2. Compliance with Permits, Approvals and Licenses. Operator shall obtain and comply with all necessary approvals, permits and licenses from the City of Apple Valley; Dakota County; Minnesota Pollution Control Agency; Minnesota Department of Health and any other regulatory agency affected by or having jurisdiction over the gravel mining and excavation of the Seed Property("Project"). All costs incurred to obtain said approvals, permits and licenses and all fines or penalties levied by any agency due to the failure of the Operator to obtain or comply with the conditions of such approvals, permits and licenses shall be the • responsibility of the Operator. Any default or violation of the approvals,permits, or licenses required in connection with the Project shall be a violation and default under this conditional use permit. The Operator shall indemnify, defend and hold the City of Apple Valley harmless from any action initiated by a regulatory or governmental agency due to a violation or default of any approval, ordinance, City Code,permit or license,which results from the operator's actions or failure to act. 3. Compliance with Laws. The Operator shall comply with all other laws, regulations,permits or licenses,which may apply and/or are issued in connection with the operation of the Seed Property. The Operator shall further comply with any and all requirements of the City Code for the City of Apple Valley,however, if the City Code conflicts with the terms of this CUP,then this CUP shall control. 4. Use of 160th Street. Operator shall not use 160th Street for traffic in connection with any mining activity on the Seed Property. Operator shall use conveyors or other methods of transporting any mining material to other properties owned by Owner or Operator so that 160`h Street will not be used in connection with any mining or excavation activity. 6. Excavation Permits. The Operator shall obtain an annual excavation permit(s), as set forth in the Apple Valley Code of Ordinances in connection with any area of the Seed Property where the earth is to be disturbed. With the application for the 3 annual excavation permit, the Operator shall submit a plan depicting what and where activities are anticipated to occur within the following 24-month period from the date of the application. The submission of such plan does not grant the Operator any additional rights to excavate or mine any area beyond that area permitted under an excavation permit. Operator shall not be permitted to mine, excavate, or disturb the earth on any portions of the Seed Property not expressly permitted in the annual excavation permit. 7. Conditions of Operation. a. All mining of material, transporting of material by conveyor to the processing area and any other operations on the Seed Property, other than what occurs within the central processing area as illustrated on Exhibit 2 shall be conducted during the hours as set forth in Paragraph 6(I) of the Fischer Report. Notwithstanding the terms of this paragraph, upon written application to the City by the Operator, the City Council may permit an extension of the hours of operation as set forth in this paragraph, subject to noise and air pollution control measures and additional terms and conditions as determined by the City Council. b. All operations within the central processing area, as illustrated on Exhibit 2, shall be conducted during the hours as set forth in Paragraph 6(I) of the Fischer Report. For purposes of this subparagraph, the loading and hauling of stockpiled material shall be considered operations within the central processing area. Notwithstanding the terms of this paragraph, upon written application to the City by the Operator, the City Council may permit an extension of the hours of operation as set forth in this subparagraph, subject to noise and air pollution control measures and additional terms and conditions as determined by the City Council. The notice application to the City must include the dates and times in which operations will be extended beyond the hours set forth in this subparagraph. 8. Blasting. The Operator shall not blast,with the use of dynamite or other explosives, for the purposes of excavation, mining operations or any other purpose. 9. Mining on the Property. The Operator shall only excavate, for the extraction or mining of material, those portions of the Seed Property identified for such purpose as set forth on Exhibit"2". 10. Completion of Mining. Once the Operator has finished and restored a phase, that phase may not be reopened for any mining activity, except as approved by the City within an annual excavation permit. 11. Importing of Material. No material including sand, gravel or mineral deposits of any nature, whatsoever, shall be imported to the Seed Property except as expressly 4 approved by the City. Notwithstanding the foregoing, Operator may import up to a total of one hundred thousand (100,000) cubic yards per year of landscape material (e.g. white rock) and/or additives (e.g. silica sand,trap rock, limestone)required for special orders. Operator is further authorized to import clean fill and topsoil necessary for the reclamation,rehabilitation and restoration of the Seed Property. 12. Stockpiligg. All stockpiling of material and/or minerals, except topsoil and clean fill, shall be located in the central processing area of the Seed Property or as approved by the City in connection with the annual excavation permit. Except as may be expressly authorized herein, no stockpiling of materials or minerals shall occur on the Seed Property without the prior approval of the City in the annual excavation permit. The Operator shall be responsible to mitigate any adverse effects that result from the pulverizing of black dirt, including the use of watering or relocation, if the City notifies it of the receipt of complaints. Failure of the Operator to successfully mitigate the adverse effects shall be grounds for revocation of this permit. 13. Dust Control, The Operator agrees that in order to control dust, it will do additional watering as requested by the city Public Works Director. Such requests may be made orally and the Operator agrees to implement the additional watering within one-half(1/2)hour of the City's request. The Operator agrees that should the City determine, at its sole discretion, that the Operator has failed to adequately implement the additional watering necessary to control dust, the City may proceed to enter upon the Owners' property, which license is expressly granted herein, for the purpose of watering the property to effectuate dust control. The Operator and Owner agree to pay any and all cost born or incurred by the City for watering and agree to pay the city within 30 days of invoice, thereof. The Operator and Owner further agree that upon failure to pay the invoice, that all amounts reflected in the invoice shall be certified as a lien against Owner's property and be due and payable in connection with the taxes thereon. 14. Restoration. Owner shall reclaim, rehabilitate and restore the Seed Property in accordance with the phasing plans and reclamation, rehabilitation and restoration plans, as set forth in the Revised Fischer Report and Exhibit 3 attached hereto, and on or before the dates set forth in the phasing and reclamation, rehabilitation and restoration plans. Operator's reclamation, rehabilitation and restoration shall comply with the Comprehensive End Use Grading Plan as set forth on Exhibit 4 attached hereto and incorporated herein. Upon request by the City, Operator shall provide a report prepared by Braun Intertec and Probe Engineering and Sunde Engineering regarding the reclamation, rehabilitation and restoration of all Fischer Properties covered by any CUP in the City. The report shall include all soil composition reports and other information to ensure proper reclamation, rehabilitation and restoration of said properties. 5 15. North 525 Feet. Upon the issuance of an excavation permit from the City in connection with the north 525 feet of the Seed Property, Operator shall have ten (10) months in which to grade, rehabilitate and restore any five (5) acre portion of the north 525 feet covered by the permit, all in accordance with the End Use Grading Plan and the Phasing Plans attached hereto as Exhibit 4 and Exhibit 3 respectively. Except as expressly set forth herein, neither Operator nor Owner shall grade, rehabilitate or restore any portion of the north 525 of the Seed Property at any time without the prior approval of the City. Upon completion of the reclamation, rehabilitation and restoration of the north 550 feet of the Seed Property but prior to the development of any improvements thereon, the Owner or Operator shall install adequate berming, as determined by the City,to buffer the impacts of excavation upon the anticipated development. 16. Default Default is the failure by the Operator to observe or perform any covenant, condition, obligation or agreement to be observed or performed by it under this CUP, within thirty (30) days after delivery of written notice from the City. The written notice must specify to a reasonable degree the problem, and request that it be remedied. The Operator shall have a period of thirty (30) days from the date of the delivery of such notice to correct the problem. Upon request by the Operator, the City may agree in writing to an extension of the 30 days period, prior to its expiration, for such longer period as may be reasonably necessary to remedy such problem, provided that the Operator is proceeding with reasonable diligence to remedy the same. 17. Remedy. a. Upon the occurrence of an uncured default, the City Council ("Council"), following a public hearing, with notice of the time and place of hearing being given to the Operator, may terminate this CUP. b. Termination of the CUP shall not occur earlier than ten (10) working days from the time that written notice of termination following Council action is received by the Operator. Notice to the Operator shall be served personally or by certified mail at the address designated in this CUP. Such written notice of termination shall contain the effective date of the termination, the nature of the violation or violations constituting the basis for the termination, the facts which support the conclusion that a violation or violations has occurred and a statement that if the Operator desires to appeal, it must be within ten (10) working days, exclusive of the day of service, that the Operator file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and be served personally or by certified mail on the City by midnight of the tenth(10th)working day 6 following service of the notice of termination. Following receipt of a request for hearing,the City shall set a time and a place for the hearing. In the event a hearing is requested by the Operator, termination shall be stayed until written notice of the Council's action following the hearing has been received by the Operator. HEARINGS: (1) If the Operator requests a hearing on termination of the CUP, such hearing shall be held before a hearing examiner as provided below, and shall be open to the public. (2) Unless an extension of time is requested by the Operator in writing directed to the City and is granted, the hearing will be held no later than forty-five (45) calendar days after the date of service of request for hearing, exclusive of the date of such service. In any event, such hearing shall be held no later than sixty (60) calendar days after the date of service of request for a hearing, exclusive of the date of such service. (3) The City shall mail notice of the hearing to the Operator at least fifteen (15) working days prior to the hearing. Such notice shall include a statement of the time, place and nature of the hearing. (4) Hearing Examiner The Council shall request appointment of an Administrative Law Judge from the Office of Administrative Hearing to conduct the hearing and to make findings of fact, conclusions, and recommendations to the Council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the Council in a written report. The rules of the Office of Administrative Proceedings will apply. (5) Conduct of Hearing: The City and the Operator may be represented by counsel. The City, the Operator, and additional parties, as determined by the Council or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to conduct discovery, respond to and present evidence, cross-examine witnesses, and present argument. The hearing examiner may also examine witnesses. (6) The City shall have the burden of proving its basis for termination by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of facts, conclusions, recommendations, and decisions by the council shall be based on evidence presented and matters officially noticed. (7) All evidence, which possesses probative value, including hearsay, may be admitted if it is the type the parties are ordinarily accustomed to rely on in the conduct of their affairs. Evidence, which is incompetent, irrelevant, immaterial, or unduly repetitious, 7 may be excluded. The hearing shall be confined to matters raised in the city's written notice of termination or in the Operator's written request for a hearing. (8) At the request of the City, the Operator, or the hearing examiner, a pre-hearing conference shall be conducted by the hearing examiner. The pre-hearing conference shall be held no later than five (5)working days before the hearing. The purpose of the pre-hearing conference is to: (i) Clarify the issues to be determined at the hearing. (ii) Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner or City's representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. (iii) Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known,the party shall describe them thoroughly by job duties and involvement with the facts at issue. (9) If a pre-hearing conference is held, evidence not divulged as provided above may be excluded at the hearing. (10) If the Operator fails to appear at the hearing, it shall forfeit any right to a hearing before a hearing examiner. (11) The Operator has the right to seek judicial review of the findings of fact, conclusions, and recommendations of the hearing examiner, as well as decisions of the Council, both prior to and subsequent to the hearing. 18. Notices.Notices given pursuant to this CUP shall be personally delivered or sent by certified mail to the City of Apple Valley, attention City Clerk, 7100 W 147`h St., Apple Valley, MN 55124; and to the Operator: Attention: Peter Fischer, 1 46 98 Galaxie Avenue, Apple Valley, MN 55124. All notices shall be effective upon delivery or deposit in the United States Mail. 19. Approval andlor consent of the city. Unless otherwise stated for purposes of this Permit the use of the terms "approval of the City" or "consent of the City" shall mean the approval by the City Council. 8 • 20. Designee. From time to time, the city shall designate an individual as its designee to carry out the rights and obligations, wherever applicable, as set forth in this CUP. 21. Indemnification. The Owner and Operator shall indemnify and hold the City, its officers, and employees harmless from and against all claims, suits, actions, fines, damages or liabilities, and all costs and expenses related thereto (including reasonable attorney's fees) arising out of the issuance of this CUP. 22. Survival. The obligations of Owner and Operator to indemnify the City as set forth herein shall survive the termination of this CUP. 23. Assigrunent. The Owner and Operator shall give the City written notice prior to the change of ownership of any of the parcels constituting the Seed Property, and prior to the assignment of the rights or obligations under this CUP. 24. Interpretation. In any challenge of the provisions of this CUP, the interpretation of the provisions shall be liberally construed to protect the public health, safety and welfare. When the terms of any law(s),regulation(s),permit(s)or license(s) conflict, the stricter law, regulation,permit or license shall apply,unless preempted by a state or federal law or regulation. 25. Amendments. Any changes in the provisions of this CUP, requested by the Operator, require the express written consent of the City Council. The City may amend the CUP in accordance with the City Zoning Ordinance. 26. Severability. If any provision of this CUP is found to be invalid, such finding shall have no affect on the validity of the remainder of this CUP. 27. Binding Effect. This CUP shall run with the land and shall be binding upon the heirs, successors, administrators and assigns of the Owner and Operator. This CUP shall be recorded with the Dakota County Recorder's Office. 28. Waiver. The waiver by the City of Apple Valley of the enforcement of a violation of any condition contained in this CUP shall not constitute a waiver of the enforcement of any other term or condition set forth in this CUP. 29. Violation. The violation of any term contained in this CUP is a criminal misdemeanor. 9 CITY: OWNER: CITY OF APPLE VALLEY FISCHER SAND AND AGGREGATE LLP, a Minnesota limited liability partnership fi Ai U . 04'4" By ann- oland By: Peter Fischer Its:Mayor Its: Managing Partner PQ t( 4 6 OPERATOR: By: Pamela 7. Gackstetter FISCHER SAND AND AGGREGATE, LLP Its: City Clerk 61,t By: Peter Fischer Its: Managing Partner STATE OF MINNESOTA) ss. COUNTY OF DAKOTA) On this- J day of ec' 1 -) _ _,2006,before me a Notary Public within and for said County,personally appears 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 City 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 de d of said municipality. fitAA-4/2-ity",,,, Lary Public :*..c. JOANNE H.MURPHY r:-: _ NOTARY PUBLIC-MINNESOTA MY Commission Expires Jan.31,2O 10 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) On this /,� day of_ tit 54 ' , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known,who being duly sworn,did say that he is the Managing Partner of Fischer Sand and Aggregate, LLP, a Minnesota limited liability partnership in the foregoing instrument, and that said instrument was signed on behalf of said partnership by authority of its Board of Directors acknowled•e• a act and d-:, of the partnership. ��,rJrfrF}Jr l'[✓ �fl,fl�lil,1r>l~�J• RlrlrlllO M SON )1/1 f otary Public m aT oaExp.resfJaNn �24rs7� STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA)��y On this ulv day of V\J N ` . 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known, who being duly sworn, did say that he is the Managing Partner of Fischer Sand and Aggregate LLP, a Minnesota limited liability partnership in the foregoing instrument, and that said instrument was signed on behalf of said partnership by authority of its Partners acknowledged to be the free act and deed of the p _Ap ership. vkA - A JENNIFER THOMPSON N Public • NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 11 EXHIBIT 1 Legal Description West one-half(W 'A)of the Northeast Quarter(NE 1/4)of Section 35,Township 115,Range 20,except that portion platted as Cooperative Addition,Dakota County,Minnesota. and Northwest Quarter(NW Y4) of Section 35,Township 115, Range 20, Dakota County, Minnesota. 12 •• • • • . . .—ii --qr-LN...;------4--- 1 _.... „.• ;.:, '' tv a ». � �,.- ; t 2-H s ` •= i!ri rri ,srl'.'l,::..E :jsi f _ ii y r• ....• :'r.... _ «"'a,i IF 'z a:,: ! c `� ,;ds.:.rijE,� �II J• � •. ��h�,�, ;._ii• ..�i€; �.{;'ir, r_•..':,r":` :_� _ • • • ,3�yl,3�16 At'+':��:_', ::2 g�j • f erim *: 4 -,3°� v1,gy . ,Ma r,i ,i W, K-rr.�.u:;: , , . ,•r ?,il,,y" idi :l e, 0^_ ..4. 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P •.i" �'.• q. `. . „ `r L s '"�.` it ;' EXHIBIT 3 Phasing Plan See Attached. 14 • • • • j I ! Y c F If]i ] 1!";'°dF i...` . }yam :Et. .. L ifu a.viol sati woufturai CLennw w)itemCfWILLNhaINii7lassumsTOEE1F/RtAeEOYT Eli� �' f. VS It�11lS- `� SECTIONS.EACH SECTION TOPE UNTO.OcOfICLEINEDNeiNN NI YaHTNSCF WNTG=TONICITY. _2..•,• ` ... I_ _ if I • Z""`T 47 d � L •_ •I .cr`16f[ i ,, I miaolM1•GwLIHWMs "' E ia Peak }Z._tE 1 s. 1 ....�:- '-� 1 I 1'hlw y • Rani `f -f.+l�xu r nits NMI F)SCHER o.,.�I.rwlmro •11 SAND AND , .r_-_ I• I AGGREGATE itte �' �LI tn. }' •. phi.f Aar,Wd.lAu-w11 i - APPLE VALLEY Fdbf 010.00[1200 AM1Iu{ a AdnW11>,;7peA.7G11 ''q MI INNESOTA M r. / . NR-- — - 1;.. rem f7Fl,;.,..........._ -- • FUTux[ ISfrd T E W ss �` . } I. .e^.+m�.r.17 wr•Iy rift a s*x+•rr.nti ....... I .�R it FV TITR£ 18T1ti ' r.- N. = N I__—_1 '.1. him;lW}f:76rT.rVg14 r. i l hull CUP I mI,RYIO T'1 MINING AND A' .RE5TO RATION 11 PHASING sTeu / •1 EXHIBIT _ I • .'.1 A. .....,...._u....-_........y-....rue..,.. ...1... ._---r • • EXHIBIT 4 Comprehensive End Use Grading Plan See Attached. 15 ) : 1)1,1 11IJ I1 . .': - ...�-.r $a+ni.wacn_vv.., FISCMER fr._ IP ,um ., g._ .>,,,'-"�,..., SAND AND MGM a.rr-w..ay.i� +rr:•�» ..ey�.w,,....rr a<.r,.......„�. AGGREGATE; a.n.0 na. � w = . Gp .rim%` W ! .... >=G:'.. iris . ___• rf { � AFPLf VALLEY I1 4.1. .„..,,,............. \ 4 ^ a.. w_�. 15011 AiIINNE347'A kilObld 1 .:. .;.A" -- ,- kr.140 -7 Aki. \ i• 6., . a r .., 11,.. H Mitilliffill`I - �4r PA1371ST» 11 MMeii_ l AMI VMUF /,. f • ..w..:rrw. I n, . gCIµ Y cn • ~� TIME s 5 -..... .-.-_ V r rvrv..rmo iST r- - 1. In.. r1 .� ... ._. ., I..wv:eo awp ■; -I I CUP . Grlx'w ENO USE P14 1_ ll t,- » GRADES la 1 Sxah STREET rr eXHIDIT 4 . . .. .. r..-.w—........w.....~a...1..ry....... r....... EXHIBIT 5 Revised Fischer Report See Attached. 16 EXHIBIT "5„ Revised Fischer Report Fischer Sand and Aggregate Co. Conditional Use Permit City of Apple Valley DEFITITIONS For the purpose of this submittal,certain terms or words used herein shall be interpreted as follows: 1. City shall mean the City of Apple Valley. 2. Central Processing Area shall mean that area,on Exhibit 2 where sand and gavel is processed. 3. Conveyor shall mean an electrical powered belt conveyor,which shall be used to convey sand and gravel material and black dirt (topsoil) from the mining area to the processing area. 4. CUP shall mean a conditional use permit(s),which may be issued by the Apple Valley City Council. 5. EIS shall mean the final draft of the Environmental Impact Statement for Consolidated End Use Concept for Sand&Gravel Mining Operations in Apple Valley. 6. Fischer shall mean Fischer Sand&Aggregate Co. 7. FSA Property shall mean that certain real property identified as the FSA Property on Exhibit"1" attached hereto and incorporated herein. 9. Haul Road shall mean the access road leading from County Road#42 to the central processing area as shown on.Exhibit"1" 10. 1604`Street Property shall mean that certain real property identified as the 160th Street Property on Exhibit"1"attached hereto and incorporated herein. 11. Operator shall mean Fischer Sand&Aggregate Co. 12. Phase shall mean a sequence of mining that shall occur as mining progresses. 13. Pit Face shall mean the exposed aggregate slope toward which mining is to occur. 14. Seed Property shall mean that certain real property identified as the Seed Property on Exhibit"1" attached hereto and incorporated herein. 2 1.) Introduction. This report pertains to the Conditional Use Permits("CUP") for properties located in Apple Valley and designated for sand and gravel operations. 2.) Description of Operations. A. • Overall Operations Exhibit "2" illustrates the overall mining and processing areas. Sand & gravel deposits are mined and conveyed to a central processing area located on the Seed parcel. The Central Process Area includes a concrete ready-mix plant,crusher, screening and wash plant, sedimentation ponds, conveyors, scale house, truck parking, stock piles, pulverizing of black dirt, storage of ancillary equipment, water well and internal road network necessary for operations. B. Access Road Current access-to the Central Processing Area is via Johnny Cake Ridge Road and County Road 42.This is a controlled intersection.All material removed from the properties will be transported from the Central Processing area, unless otherwise approved by the Apple Valley City Council. There will be no hauling of material from the properties onto 160th Street. An access road has been constructed from the truck maintenance facility to Pilot Knob Road. This access is currently used on a minimal basis. An 8" Mageilansipeline runs roughly parallel and just south of the existing haul road (future 153 Si)off of Pilot Knob Road. C. Phasing/Staging Plan Currently, mining is completed east of Pilot Knob Road. Mining will subsequently move west of Pilot Knob. Mining will then move to the western portion of the site. The final phase of mining will be the northern portion of the 160th Street Property which consists of a ridge that provides screening of the operations area from residential land uses to the southwest. This portion of the 160th Street Property will be mined and restored within two mining seasons.The phasing of mining and restoration of the 160th Street Property,as well as the FSA and Seed Properties,is illustrated on Exhibit"3", 3.) Areas Adjacent to Borders. Screening berms will be established within the mining setback area of the 16091 Street property when active mining progresses to-this area.The berms will be constructed with a maximum slope of 2:1.The screening 4 berms will be seeded and mulched to establish vegetation and maintained until removed as part of restoration of the mining area. 4.) Reclamation,Restoration and Rehabilitation_Reclamation will involve the restoration of areas exhausted of their aggregate reserves. Steps in sequence taken to achieve restoration include: 1. Grading and/or filling to the end use grades as set forth on Exhibit"4". 2. Respread topsoil to a minimum depth of 4 inches in all areas. 3. Seed and otherwise stabilize in accordance with the landscape plan contained in this report. 4. Maintain vegetation and re-seed where necessary. 5. Plant trees on slope as provided by landscaping plan. 6. All ground water or storm water storage areas resulting from excavation shall be rehabilitated in accordance with the provisions of Ordinance No.472 Section Al-48 (g)(6). Mining phases shall be restored by stripping topsoil from new mining areas and respreading over the phase being restored,or utilizing topsoil stored on site in the form of screening berms where mining activity is complete and screening berms are no longer necessary as determined by the City. 5,) The City of Apple Valley has adopted a City Stormwater Management Plan. As part of this Plan, outlet elevations for storm water leaving the City of Apple Valley and entering the City of Lakeville have been established in cooperation with the City of Lakeville. 6.) Performance Standards and General Provisions A. Noise Control 1. The maximum noise levels at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and V.S. Environmental Protection Agency. Any documented violations reported to the operator will be corrected/mitigated by the operator within 15 days of written notice.Methods set forth in the EIS will be utilized in controlling noise in berms, distance, screening of operations and similar methods. 2. The Operator shall use a conveyor system to move material from the pit face(s)to the Central Operations Area to reduce noise that would otherwise be generated daily by trucks hauling material 5 within the site. Mining shall be carried out towards the perimeter of the sites so that the mine face provides additional topographic shielding of the operations. B. Dust Control. Reduction of dust generation can be achieved by Operator implementing the following operational procedures: 1. Conduct stripping operations as quickly as practical. This includes i esnoving all of the topsoil to expose the underlying sand and gravel with reduced dust production potential, and stockpiling the topsoils. 2. All efforts shall be made to attempt to schedule stripping operations in areas adjacent to sensitive areas during cooler months when the windows of nearby residents in the area are more likely to be closed. 3. As areas of mining are completed, they shall restored and prepared for development. 4. The Operator shall use all efforts to minimize erosion of topsoil will further reduce dust production at the site. The following measures will be taken to reduce dust generation due to vehicular movement: ■ The access road off County Road 42 to and from the main operations center will be paved for a minimum of 300 feet from County Road 42. • The gravel portion of the main haul road, secondary haul roads and traveled portions of the operations area will be watered daily during the mining season unless it rains in excess of 0.02 inches in a given day. Water trucks will be available on-site throughout the mining season to insure the availability of sufficient watering of the haul roads. 6 • ■ If there should be a particularly dry and windy day during the mining season during which the City believes more frequent watering is necessary, the City may request the operator to perform additional watering of the haul roads. The operator will have sufficient watering trucks and personnel available to comply with an increased watering schedule as may be requested by the City. ■ The general setting of operations will be recessed and perimeter berms,which will act to trap a portion of the dust generated within the site, and prevent it from migrating beyond site boundaries. ■ Operator shall use a conveyor to transport the majority of mined sand and gravel material from the pit face to the Central Processing Area. Minnesota Pollution Control Agency Guidelines. The site will operate under an Air Emissions Permit The Minnesota Pollution Control Agency (MPCA)has not adopted any formal guidelines on the control of fugitive dust in gravel mining operations.Fugitive dust control is addressed by the MPCA as part of their Air Emissions Permit,which must be secured for operations. Conditions of the permit are written specific to individual mining sites. Conditions of the permit will address dust control measures such as watering of haul roads as discussed above. The operator will comply with all conditions of the MPCA Aix Emission Permit as issued. C. Berms. 1. Berms shall be established and maintained as follows: A berm will be constructed along the southwest mining setback of the 1606' Street property. The berm will be established to provide a visual, noise and dust screen for mining.The berm shall be an earth berm. The side slopes shall be a maximum of 2:1 (horizontal to vertical slope). The slopes shall be planted with suitable vegetation to stabilize the slopes. The berm shall be maintained until raining is completed on the 160`h Street property. The berm may be removed as part of final restoration activities. 2. Berms shall be constructed at a maximum slope of 2:1. 3. All berms shall be stabilized as quickly as practical by applying seed and mulch and watering as needed to assure proper establishment of vegetation. Seeding and mulching will be performed within 15 days of completion of grading of a section of a berm. Berms will be inspected periodically and areas reseeded as needed. 7 D. Landscaping and Seeding. k. All areas to be restored, except berms as described above, will be fertilized and seeded to legumes and perennial grasses. MN-DOT seed mixtures No. 2 and 13 will consist of rye for quick ground cover and perennial ryegrass, alfalfa and field bromegrass for permanent ground cover. 2. Upon replacement of the topsoil,Iegumes, grasses or other ground cover, similar to Minnesota Department of Transportation Mix No.2 and 13 referred to above,will be planted upon such areas in order to avoid erosion. Berm, stockpiles, drainage channels and setback areas will be seeded and/or planted within 15 days after completion of final grading. 3. The Operator will be responsible for final grading and reseeding of all reclaimed land unless development is pending; in which case,the grading and reseeding will be in accordance with the approved development plan. Seeding dates shall be between April 15th and September 15th. Additional seeding dates may be approved in the annual excavation permit. On slopes greater than 6%, disk anchored straw mulch may be used. Soil erosion fences,bales, dikes or combinations thereof may be used at the base of slopes greater than 12%until they are established by vegetation. 4. Trees and shrubs will be planted on the side slopes in final stages after the permanent side slopes are established. The size, species,location and quantities will be reviewed with the City as a part of review of final restoration.- E. Setbacks. 1. Mining operations shall not be conducted closer than 30 feet to the boundary of an adjoining property line unless the consent of the owner in fee of such adjoining property is first secured in writing. 2. Mining operations shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street,road or highway,except that excavating may be conducted within such limits adjacent to any boundary in order to reduce the elevation thereof in conformity to the approved grades or existing or platted street,road or highway or to create a berm. F. Storm Water Management.Storm water runoff within active mining areas generally flows to the lowest point in the open phase,and infiltrates into the ground.Due to the granular nature of the soils encountered in a gravel mining operation,ponding for an extended amount of time does not occur. Diversion berms are constructed as required to minimize runoff generated in area adjacent to the phase being actively mined from entering the mining area, G. Erosion Control and Slope Stabilization. Operator shall employ erosion control and slope stabilization methods as follows: 1. Side Slope.The steep side slopes(greater that 3:1),which are created along the perimeter of a completed mining area,will be stabilized and seeded.Final side slope(4:1)as illustrated on Exhibit 4 will be established when mining is completed.At that time vegetative planting will be established as previously described. 2. Restoration Seeding.Graded or mined areas will be restored as described in the Land Rehabilitation section of this report. 3. Maintenance of Vegetation.Areas that are vegetated will be maintained by weed control,periodic mowing when vegetation height exceeds twelve-inch(12")growth and reseeding where growth did not occur. All exposed areas will be stabilized in order to control erosion. Side-slopes in the central processing area will not be seeded unless there is no other means to maintain these slopes. Other areas will be seeded in order to control erosion as described,i.e.berms restoration areas and restored side slopes.In this manner reasonable erosion control can be attained. H. Water Pollution.The Operator will comply with all Minnesota DNR and Pollution Control Agency regulations and U.S.Army Corps of Engineers and Environmental Protection Agency regulations for protection of water quality.No waste product or process residue,including untreated waste wash water,will be deposited in any lake,stream or natural drainage system except ponds wholly contained within the excavation site. All human waste materials shall utilize a satellite toilet facility,which shall periodically be pumped. Hours of Operation. The hours of operation shall meet the provisions of Section 155.291,Subd. (C)of the City Code; except,that the operator may request a special permit by the City Council for additional hours for a specified time when warranted for a specific project, 9 Hours of operation for excavation,processing and truck hauling,which may be amended by the City Council in the conditions attached to the conditional use permit,shall be as follows: 1. Areas less than 3.600 feet to residential areas. The maximum hours of operations for excavation,processing, except concrete and asphalt processing, and truck hauling equipment in a sand and gravel district where these activities are located closer than 3,600 feet to the city's,or an adjacent city's,developed or zoned residential property which existed prior to the effective date of this chapter and zoning map amendment,shall be 6:30 a.m.to 5:30 p.m.,Monday through Friday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 2. Areas more than 3.600 feet from residential areas. The maximum hours of operation for excavation,processing,except concrete and asphalt processing,and truck hauling equipment in a sand and gravel district where these activities are located farther than 3,600 feet to the city's,or an adjacent city's developed or zoned residential property which existed prior to the date of this chapter or map amendment,shall be 6:00 a.m.to 6:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 3. Processing and mixing extended hours. The maximum hours of operation for concrete and asphalt processing and associated truck hauling equipment,not excavation or crushing,in a sand and gravel district wherein the processing equipment is located in a centralized location and within an enclosed processing building shall be 5:00 a.m.to 10:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. J. Traffic Management.Truck traffic will only ingress and egress from the site from the driveway access to County Road 42 at the Johnny Cake Ridge Road intersection. K. Fencing.No fencing is planned except security gate fencing as determined to be necessary by Operator or such other fencing as may be required by the City of Apple Valley. L. Signs.The only sign shall be the identification sign at the entrance to the property along County Road 42. 10 M. Weed Control. Weeds and other unsightly or noxious vegetation will be controlled by periodic mowing and/or spraying. Existing trees and topsoil along existing public right-of-way will be maintained unless otherwise approved by the City. N. Fuel Storage. There will be no fuel storage on any of the 160 `Street Property. Fuel storage shall be limited to the existing site adjacent to the Maintenance facility as shown and noted on Exhibit 2. 0. End.Use Plan. The purpose of the End Use Plan is to guide the mining and reclamation of the site in a manner that will be consistent with the ultimate development of the area.The End Use Plan provides a basis for the grading, drainage and utility plans. Attached hereto as Exhibit 4 is the new End Use Grading Plan. In other respects, the owners and operators will cooperate and coordinate end use grading with the City and adjacent property owners. P End Uses. No specific end uses ate proposed at this time except for Commercial/Industrial uses along County Road 42 within the 525 feet that will remain generally consistent with existing elevations. The remaining mined area may be developed with a variety of land uses to be determined over the next several years. The owner will cooperate with the City in planning for end uses for the subject property. Q_ Public Utilities. The owner will cooperate with the City in planning for public utility service after mining and restoration are completed. R. Required,Permits. 1. Annual Excavation Permit. An annual excavation Permit shall be obtained in accordance with the provisions of the Apple Valley City Code. 2, Building Permits.Building permits shall be obtained from the City for any structure requiring a permit under the Minnesota Uniform Building Code. 3, MPCA Air Emission/Storm Water Permits. Permits from the Minnesota Pollution Control Agency(MPCA)have been obtained for an "Air Emission" permit for a Sand and Gravel Quarry and Air Pollution Equipment according to MN Statutes Chapters 115 and 116. A permit has been obtained from the MPCA for storm water ponding. 11 4. Sign(s)Permit. Sign(s)permits shall be acquired from the City for any business identification, sales or advertising signs as regulated by the City Code. 5 Special Permit(City).Permits for additional hours of operation,if requested and approved by the City Council shall be obtained. S. Pipeline.There are fuel pipelines(Magellan)running north south along the western property boundary of the site.There are also lines running east west between the Seed site and the 160th Street property line, and east west along the western boundary of the site and on the adjacent property to the south and along the west boundary of the subject 242 acre mining site.The operator will maintain an appropriate slope and setback from these pipelines during mining. T. Additional Operational Controls. There shall be no blasting for mining operations. 12 EXHIBITS 1. General Location Map 2. Mining and Processing Area 1 Mining and Restoration Phasing • 4. 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MRS "6� • CUP 3 """' USE r , , ENDGRADES 1[- - �. -ii-. \----- ../ tend srneer - EXHIBIT 4 . r - CITY OF APPLE VALLEY RESOLUTION NO. 2006-230 A RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR SAND AND GRAVEL MINING OPERATIONS AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances,zoning regulations to control land uses throughout the City;and • WHEREAS,said regulations provide that provide for sand and gravel mining operations may be allowed within the confines of a"SG"(Sand and Gravel)zoning district and in accordance with specific performance standards,as a conditional use; and WHEREAS,approval of an amended Conditional Use Permit for sand and gravel mining operations has been requested by Fischer Sand and Aggregate,LLP;and WHEREAS,review of such an amended Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that a Conditional Use Permit for sand and gravel mining operations within a"SG"(Sand and Gravel) zone be approved subject to the following conditions: 1. The amended Conditional Use Permit shall provide for operations to be conducted in conformance with and upon property as described within the document titled: Fischer Sand and Aggregate,LLP 2006 Amendment to the 1993 Conditional Use Permit City of Apple Valley 2. The Conditional Use Permit may be revoked for cause if the terms contained within the document referenced in(1)preceding are not adhered to. ADOPTED this 21st day of November,2006. M H s olan ,Mayor Attachment 1 • ATTEST: Pamela J.Gac tetter,City Clerk CERTIFICATE I,Pamela Gackstetter, Apple Valley City Clerk,hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on November 21,2006,the original of which is in my p ossession,dated this day of__ Pamela J. Gackstetter,City Clerk 2 2006 AMENDMENT TO 1993 CONDITIONAL USE PERMIT RECITALS WHEREAS, Fischer Sand and Aggregate Co., a Minnesota partnership ("Owner") is the fee owner of the four parcels of real property with PID numbers 01-03500-010-02, 01- 03500-010-75, 01-03600-011-28 and 01-03600-010-25 which real property is legally described on Exhibit"1" attached hereto and incorporated herein("Fischer Property"); WHEREAS, Fischer Sand and Aggregate, LLP its affiliated companies ("Operator") intends to mine and excavate certain portions of the Fischer Property as set forth on Exhibit "2" attached hereto and incorporated herein; WHEREAS, whenever the term "Operator" is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property; WHEREAS, certain terms and conditions regarding the mining of the Fischer Property and those other properties owned by Owner and Operator are contained in the Revised Fischer Report, which report is attached hereto and incorporated herein as Exhibit "5" ("Revised Fischer Report"); WHEREAS, the City Council of Apple Valley approved the issuance of the conditional use permit for the mining of sand, gravel and other mineral deposits on a portion of the Fischer Property at its regularly scheduled meeting of May 27, 1993; NOW THEREFORE, subject to the terms and conditions set forth herein, the City of Apple Valley does hereby grant this conditional use permit for the mining of sand, gravel and other mineral deposits on the Fischer Property("CUP"). TERMS For the interpretation of certain words and phrases under this CUP,the following shall be given the meanings identified: 1, Reclamation, Restoration and Rehabilitation. For purposes of the CUP reclamation, restoration, and rehabilitation is a process, involving the individual components as hereinafter described, which is necessary to make the Fischer Valley Property, suitable for development consistent with the Apple Comprehensive Guide. 1 a. Reclamation/Reclaim — The filling, through the placement of clean fill or other suitable material, on any portion of the Fischer Property, as necessary, to raise the grade of the property to an elevation as set forth in the Comprehensive End Use Grading Plan,attached hereto and incorporated herein as Exhibit"4". b. Rehabilitation/Rehabilitate — The providing and use of a suitable sub- surface material to support public infrastructure and utilities and streets necessary to allow the Fischer Property to be developed in a manner consistent with the Apple Valley Comprehensive Guide Plan. c. Restoration/Restore — The placing and spreading of sufficient topsoil (a minimum of 4 inches in all areas) upon the Fischer Property,or any portion thereof, and the stabilization of the topsoil through the use of a vegetative cover, as approved by the City. 2. Mining Season. For the purposes of this CUP, a mining season (i.e. mining or excavation) shall consist of the duration of a calendar year between approximately April 15 and November 15,depending on weather conditions. 3. Stockpile. For the purposes of this CUP, a stockpile consists of the accumulations of material, of any nature, in such manner so as to exceed 8 feet in height as measured from the lowest point of the ground surface within a one hundred foot (100') radius from the apex of the stored material, the points of which are determined by the City. A berm established to provide a visual, noise and dust screen shall not be considered a stockpile. 4. Conflict of Terms. To the extent that the terms, conditions and references contained in the Revised Fischer Report, as identified hereafter, do not conflict with the CUP or the City's Code of Ordinances,the meanings contained therein are expressly adopted in this CUP as though originally set forth herein. Any conflict between this CUP or the City's Code of Ordinances and the Revised Fischer Report shall governed by this CUP. Notwithstanding the foregoing, the City shall be permitted to broadly interpret this CUP, the City's Code of Ordinances and the Revised Fischer Report in a manner that best promotes the public, health, safety and welfare of the City. 2 CONDITIONS 1. Compliance with Plans. The Operator shall comply with the standards and requirements contained in the following plans: a. Noise Control Plan(contained in the Revised Fischer Report); b. Dust Control Plan(contained in the Revised Fischer Report); c. Landscape and Seeding Plan(contained in the Revised Fischer Report); d. Storm Water Management Plan(contained in the Revised Fischer Report) e. Erosion Control and Slope Stabilization Plan(contained in the Revised Fischer Report); f. End Use Grade Plan(attached hereto and incorporated herein as Exhibit 4); g. Phasing Plan(attached hereto and incorporated herein as Exhibit 3); h. Reclamation,Restoration and Rehabilitation Plan(contained in the Revised Fischer Report). Operator shall further comply with all other performance standards as contained in the document entitled Revised Fischer Report. 2. Compliance with Permits, Approvals and Licenses. Operator shall obtain and comply with all necessary approvals, permits and licenses from the City of Apple Valley; Dakota County; Minnesota Pollution Control Agency; Minnesota Department of Health and any other regulatory agency affected by or having jurisdiction over the gravel mining and excavation of the Fischer Property ("Project"). All costs incurred to obtain said approvals, permits and licenses and all fines or penalties levied by any agency due to the failure of the Operator to obtain or comply with the conditions of such approvals,permits and licenses shall be the responsibility of the Operator. Any default or violation of the approvals, permits, or licenses required in connection with the Project shall be a violation and default under this conditional use permit. The Operator shall indemnify,defend and hold the City of Apple Valley harmless from any action initialed by a regulatory or governmental agency due to a violation or default of any approval, ordinance, City Code,permit or license,which results from the operator's actions or failure to act. 3 3. Compliance with Laws. The Operator shall comply with all other laws, regulations,permits or licenses,which may apply and/or are issued in connection with the operation of the Fischer Property. The Operator shall further comply with any and all requirements of the City Code for the City of Apple Valley,however, if the City Code conflicts with the terms of this CUP,then this CUP shall control. 4. Use of 160th Street. Operator shall not use 160th Street for traffic in connection with any mining activity on the Fischer Property. Operator shall use conveyors or other methods of transporting any mining material to other properties owned by Owner or Operator so that 160th Street will not be used in connection with any mining or excavation activity. 6. Excavation Permits. The Operator shall obtain an annual excavation permit(s), as set forth in the Apple Valley Code of Ordinances in connection with any area of the Fischer Property where the earth is to be disturbed. With the application for the annual excavation permit, the Operator shall submit a plan depicting what and where activities are anticipated to occur within the following 24-month period from the date of the application. The submission of such plan does not grant the Operator any additional rights to excavate or mine any area beyond that area permitted under an excavation permit. Operator shall not be permitted to mine, excavate,or disturb the earth on any portions of the Fischer Property not expressly permitted in the annual excavation permit. 7. Conditions of Operation. All mining of material, transporting of material by conveyor to the processing area and any other operations on the Fischer Property, shall be conducted during the hours as set forth in Paragraph 6(I) of the Fischer Report.Notwithstanding the terms of this paragraph,upon written application to the City by the Operator, the City Council may permit an extension of the hours of operation as set forth in this paragraph, subject to noise and air pollution control measures and additional terms and conditions as determined by the City Council. 8. Blastin . The Operator shall not blast,with the use of dynamite or other explosives, for the purposes of excavation,mining operations or any other purpose. 9. Mining on the Property. The Operator shall only excavate, for the extraction or mining of material, those portions of the Fischer Property identified for such purpose as set forth on Exhibit"2". 10. Completion of Mining. Once the Operator has finished and restored a phase, that phase may not be reopened for any mining activity, except as approved by the City within an annual excavation permit. 4 11. Importing of Material. No material including sand, gravel or mineral deposits of any nature, whatsoever, shall be imported to the Fischer Property except as expressly approved by the City. Notwithstanding the foregoing, Operator may import clean fill and topsoil necessary for the reclamation, rehabilitation and restoration of the Seed Property. 12. Stockpiling. All stockpiling of material and/or minerals, except topsoil and clean fdl, shall be located in the central processing area of the Seed Property (as defined in the Seed Property CUP) or as approved by the City in connection with the annual excavation permit. No stockpiling of materials or minerals shall occur on the Fischer Property without the prior approval of the City in the annual excavation permit. The Operator shall be responsible to mitigate any adverse effects that result from the pulverizing of black dirt,including the use of watering or relocation, if the City notifies it of the receipt of complaints. Failure of the Operator to successfully mitigate the adverse effects shall be grounds for revocation of this permit. 13. Dust Control. The Operator agrees that in order to control dust, it will do additional watering as requested by the city Public Works Director. Such requests may be made orally and the Operator agrees to implement the additional watering within one-half(1/2)hour of the City's request. The Operator agrees that should the City determine, at its sole discretion, that the Operator has failed to adequately implement the additional watering necessary to control dust, the City may proceed to enter upon the Owners' property, which license is expressly granted herein, for the purpose of watering the property to effectuate dust control. The Operator and Owner agree to pay any and all cost born or incurred by the City for watering and agree to pay the city within 30 days of invoice, thereof. The Operator and Owner further agree that upon failure to pay the invoice, that all amounts reflected in the invoice shall be certified as a lien against Owner's property and be due and payable in connection with the taxes thereon. 14. Restoration. Owner shall reclaim, rehabilitate and restore the Fischer Property in accordance with the phasing plans and reclamation, rehabilitation and restoration plans, as set forth in the Revised Fischer Report and Exhibit 3 attached hereto, and on or before the dates set forth in the phasing and reclamation, rehabilitation and restoration plans. Operator's reclamation, rehabilitation and restoration shall comply with the Comprehensive End Use Grading Plan as set forth on Exhibit 4 attached hereto and incorporated herein. Upon request by the City, Operator shall provide a report prepared by Braun Tntertec and Probe Engineering and Sunde Engineering regarding the reclamation, rehabilitation and restoration of all Fischer Properties covered by any CUP in the City. The report shall include all soil . composition reports and other information to ensure proper reclamation, rehabilitation and restoration of said properties. 5 15. North 550 Feet. Upon the issuance of an excavation permit from the City in connection with the north 550 feet of the Fischer Property, Operator shall have ten (10) months in which to grade, rehabilitate and restore any five (5) acre portion of the north 550 feet covered by the permit, all in accordance with the End Use Grading Plan and the Phasing Plans attached hereto as Exhibit 4 and Exhibit 3 respectively. Except as expressly set forth herein, neither Operator nor Owner shall grade, rehabilitate or restore any portion of the north 550 of the Fischer Property at any time without the prior approval of the City. Upon completion of the reclamation, rehabilitation and restoration of the north 550 feet of the Fischer Property but prior to the development of any improvements thereon,the Owner or Operator shall install adequate berming,as determined by the City,to buffer the impacts of excavation upon the anticipated development. 16. Default. Default is the failure by the Operator to observe or perform any covenant, condition, obligation or agreement to be observed or performed by it under this CUP, within thirty (30) days after delivery of written notice from the City. The written notice must specify to a reasonable degree the problem, and request that it be remedied. The Operator shall have a period of thirty (30) days from the date of the delivery of such notice to correct the problem. Upon request by the Operator, the City may agree in writing to an extension of the 30 days period, prior to its expiration, for such longer period as may be reasonably necessary to remedy such problem, provided that the Operator is proceeding with reasonable diligence to remedy the same. 17. Remedy. a. Upon the occurrence of an uncured default, the City Council ("Council"), following a public hearing, with notice of the time and place of hearing being given to the Operator,may terminate this CUP. b. Termination of the CUP shall not occur earlier than ten (10) working days from the time that written notice of termination following Council action is received by the Operator.Notice to the Operator shall be served personally or by certified mail at the address designated in this CUP. Such written notice of termination shall contain the effective date of the termination,the nature of the violation or violations constituting the basis for the termination, the facts which support the conclusion that a violation or violations has occurred and a statement that if the Operator desires to appeal, it must be within ten (10) working days, exclusive of the day of service, that the Operator file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and be served personally or by certified mail on the City by midnight of the tenth (10th)working day following service of the notice of termination. Following receipt of a 6 request for hearing,the City shall set a time and a place for the hearing. In the event a hearing is requested by the Operator, termination shall be stayed until written notice of the Council's action following the hearing has been received by the Operator. HEARINGS: (1) If the Operator requests a hearing on termination of the CUP, such hearing shall be held before a hearing examiner as provided below, and shall be open to the public. (2) Unless an extension of time is requested by the Operator in writing directed to the City and is granted, the hearing will be held no later than forty-five (45) calendar days after the date of service of request for hearing, exclusive of the date of such service. In any event, such hearing shall be held no later than sixty (60) calendar days after the date of service of request for a hearing, exclusive of the date of such service. (3) The City shall mail notice of the bearing to the Operator at least fifteen (15) working days prior to the hearing. Such notice shall include a statement of the time, place and nature of the hearing. (4) Hearing Examiner: The Council shall request appointment of an Administrative Law Judge from the Office of Administrative Hearing to conduct the hearing and to make findings of fact, conclusions, and recommendations to the Council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the Council in a written report. The rules of the Office of Administrative Proceedings will apply. (5) Conduct of Hearing: The City and the Operator may be represented by counsel. The City, the Operator, and additional parties, as determined by the Council or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to conduct discovery, respond to and present evidence, cross-examine witnesses, and present argument. The hearing examiner may also examine witnesses. (6) The City shall have the burden of proving its basis for termination by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of facts, conclusions, recommendations, and decisions by the council shall be based on evidence presented and matters officially noticed. (7) All evidence, which possesses probative value, including hearsay, may be admitted if it is the type the parties are ordinarily accustomed to rely on in the conduct of their affairs. Evidence, which is incompetent, irrelevant, immaterial, or unduly repetitious, may be excluded. The hearing shall be confined to matters raised in the city's written notice of termination or in the Operator's written request for a hearing. 7 (8) At the request of the City, the Operator, or the hearing examiner, a pre-hearing conference shall be conducted by the hearing examiner. The pre-hearing conference shall be held no later than five(5)working days before the hearing. The purpose of the pre-hearing conference is to: (i) Clarify the issues to be determined at the hearing. (ii) Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner or City's representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. (iii) Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known, the party shall describe them thoroughly by job duties and involvement with the facts at issue. (9) If a pre-hearing conference is held, evidence not divulged as provided above may be excluded at the hearing. (10) If the Operator fails to appear at the hearing, it shall forfeit any right to a hearing before a hearing examiner. (11) The Operator has the right to seek judicial review of the findings of fact, conclusions, and recommendations of the hearing examiner, as well as decisions of the Council, both prior to and subsequent to the hearing. 18. Notices.Notices given pursuant to this CUP shall be personally delivered or sent by certified mail to the City of Apple Valley, attention City Clerk, 7100 W 147th St., Apple Valley, MN 55124; and to the Operator: Attention: Peter Fischer, 14698 Galaxie Avenue, Apple Valley, MN 5 5124. All notices shall be effective upon delivery or deposit in the United States Mail. 19. Approval and/or consent of the city. Unless otherwise stated for purposes of this Permit the use of the terms "approval of the City" or "consent of the City" shall mean the approval by the City Council. 20. Designee. From time to time, the city shall designate an individual as its designee to carry out the rights and obligations, wherever applicable, as set forth in this CUP. 8 21. Indemnification. The Owner and Operator shall indemnify and hold the City, its officers, and employees harmless from and against all claims, suits, actions, fines, damages or liabilities, and all costs and expenses related thereto (including reasonable attorney's fees) arising out of the issuance of this CUP. 22. Survival. The obligations of Owner and Operator to indemnify the City as set forth herein shall survive the termination of this CUP. 23. Assignment. The Owner and Operator shall give the City written notice prior to the change of ownership of any of the parcels constituting the Fischer Property, and prior to the assignment of the rights or obligations under this CUP. 24. Interpretation. In any challenge of the provisions of this CUP, the interpretation of the provisions shall be liberally construed to protect the public health, safety and welfare. When the terms of any law(s),regulation(s),permit(s) or license(s)conflict, the stricter law,regulation,permit or license shall apply,unless preempted by a state or federal law or regulation. 25. Amendments. Any changes in the provisions of this CUP, requested by the Operator, require the express written consent of the City Council. The City may amend the CUP in accordance with the City Zoning Ordinance. 26. Severability. If any provision of this CUP is found to be invalid,such finding shall have no affect on the validity of the remainder of this CUP. 27. Binding Effect. This CUP shall run with the land and shall be binding upon the heirs, successors, administrators and assigns of the Owner and Operator. This CUP shall be recorded with the Dakota County Recorder's Office. 28. Waiver. The waiver by the City of Apple Valley of the enforcement of a violation of any condition contained in this CUP shall not constitute a waiver of the enforcement of any other term or condition set forth in this CUP. 29. Violation. The violation of any term contained in this CUP is a criminal misdemeanor. 9 CITY: OWNER: CITY OF APPLE VALLEY FISCHER SAND AND AGGREGATE CO., a Minnesota corporation 3st-, . dukki: _ M aman -Bolan By:Peter Fischer lts: ayor Its: Managing Partner Vw C O C1CC`�] OPERATOR: By: Pamela J. Gackstetter FISCHER SAND AND AGGREGATE,LIT Its: City Clerk FF J�rrj!!] 7t J V _ By:Peter Fischer Its:Managing Partner STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) `� On this l 6 day of .0 dbrn--64--U _ . 2006,before me a Notary Public within and for said County,personally appears 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 City 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 eed of said municipality. 1%u• iotary Public -I/".A;, JOANNE H.MURPHY NOTARY PUBLIC.MINNESOTA MT Commission> es Jan.31,2010 10 STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA) On this 7P day of 0 . - , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known,who being duly sworn, did say that he is the Managing Partner of Fischer Sand and Aggregate Co., a Minnesota corporation in the foregoing instrument and that said instrument was signed on behalf of said corporation by authority of its Board of Directors acknowledged to be the free act and deed of the c. 1.oration. ,, •rrr7.rrrrr-rrfrrrrrrrrvr�rr r.S 1 �; I •. 1 Oaf)N/ ... � JENNIFER THOMPSON ` 4 l NOTARY PUBLIC-MINNESOTA ` I\ tary Public • My Commission Expires Jan.31,2010 ly �1�rr.��.rr�.rr��.r.-rrrrr r Ir44,1 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) On this �ll' day of k. V ' , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known, who being duly sworn, did say that he is the Managing Partner of Fischer Sand and Aggregate LLP, a Minnesota limited liability partnership in the foregoing instrument, and that said instrument was signed on behalf of said partnership by authority of its Partners acknowledged to be the free act and e d of the corporation. �, :rrrr,.rrrrrs�llrflr.rrrrrr����� .4■ " l 1' ' ti JENNIFER THOMPSON N<< ary Public • . r NOTARY PUBLIC-MINNESOTA S My Commission Expires Jan-31,2010 r..rr,crcrrrrr,.rlr-- —w .fr�r.."S 11 EXHIBIT 1 Legal Description (A) Size and Location. The size of the existing mining area rezoned for sand and gravel is approximately 283 acres located south of County Road 42 and east and west of Pilot Knob Road.Exhibit 1 illustrates the general location of the site with respect to the community. (B) Legal Description. The legal description has been submitted to the City with the original C.U.P. and rezoning applications. The amended C.U.P. applies to all of the property included in the original C.U.P. (P.I.D.Numbers: 01-03500-010-02,01-03500-010- 75, 01-03600-011-28,01-03600-010-25). The various parcels that make up the property are all owned by Fischer Sand and Aggregate Co. 12 :. . . . . • ,.......... • . . • ,o 5-1F-Vglt=r7r ' ... :,,,..• ''.111or :.I .,•,24..n , . . :'1.4'i''..r 13, ,.. - .:pi .... ..,..,......2. 4,... ..,...,-• .1. ....,." ..e. 0-.....ii-ir:7,$K4a.-.:40•71.:11. . .47....-:-t n. . -1 '.., L,. .4.: . I .• 3 • , .3 . _ .,_- - ., r ....."Alen. - ,_-._ ..ni•-044AE7t49'!ii;. !1'.,,,;hni•`=.1`1,- .jtk, i • ;i FA.,7z-1 •.f. -!,. ;V. •1'-. - t , r "'- : -.„,-.. ...---......,..-,-. : . ---:."'"="'-' 7•77 ,•41....•-•-•••i• •02._-.G17.L. •k.L-,':,••7•.1p • . .t. E:tik.e.7..!,1' ,......•- . . .1' ...!: •tt,-.,- • ! . 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B 13 nn'uAi 1 ••11—, 4j . _ ••.. . amit PngI 3a ind T -- - - �#1'k:/i'i7 m4T-,,N / i:i1 il 111 i;' w d1D63tt1491YI • a uotlIVIKan.+v,' ao[t�oS aW Y►WY 1317HA 3lddtl }, ,".v na•uoi+ro w a`.aa r �': y i 1 4 - -•- III' •ly • 1 31tlJ32iJ9tl ' i 0NV aNVS 144.0— w( l • ,••wa WI-Mid ,— _ 01111 til 1. .r..M.•••An M..,a0.4.5] .1...% TM +^•�� _.. - W ��r� ioauimnn> rrxa3earnangnllsuaacrrx3-eraui3& 'wi.� 1 it.V�„ -I•i' i 2750j IL 14 csaowCi BBB( 01Zw�s3woa nul.91:K 7 a»7xati3MTPY,I1 w nIGIV iaBtOS rariav • •:.�_..'""' r..' "r.«f:lf.:ak' :Imp li a-a rl EXHIBIT 4 Comprehensive End Use Grading Plan See Attached. 15 • 1 i 1 -'7 ( D. (n7i . 0-Pt e,464.-ekefre. 1244_A,01, (ittete„, '(I` ct• rat'r,.,c J. A f 1�.r--'°' . Pi _ I u ��__ —J: '� ce n+r„Lw is e+.. tea' " FISCHER o 4 i i SAND AND •`Ill +r'nre.irssaV. b '" - noew'wWl ' II le .nnvem.•�� �`. V.Z. "'°"°"""� "" �' =� AGGREGATE �•.w..e wa >A I; _ � Jr off � APPLE VALLEY _ .. , MINNESOTA 1 ---k 1 1LI4rn 1 iti s ti IT � 1"�- ,. a, [�#'ea...... r u ......... ,.��._. • LNM9Vf - 1 ill -- -- C UP 14I LE USE 11 N �.• _....GRADES . ' .4krilrr''''''{ ILf ' '— } ' ,aas� lr . EXHIBIT 4 EXHIBIT 5 Revised Fischer Report See Attached. 16 f • EIIBIT "5" Revised Fischer Report Fischer Sand and Aggregate Co. Conditional Use Permit City of Apple Valley DEFINTIONS For the purpose of this submittal,certain terms or words used herein shall be interpreted as follows: 1, City shall mean the City of Apple Valley. 2. Central Processing Area shall mean that area,on Exhibit 2 where sand and gravel is processed. 3. Conveyor shall mean an electrical powered belt conveyor,which shall be used to convey sand and gravel material and black dirt (topsoil) from the mining area to the processing area. 4. CUP shall mean a conditional use permit(s),which may be issued by the Apple Valley City Council. 5. EIS shall mean the final draft of the Environmental Impact Statement for Consolidated End Use Concept for Sand&Gravel Mining Operations in Apple Valley. 6. Fischer shall mean Fischer Sand&Aggregate Co. 7. FSA Property shall mean that certain real property identified as the FSA Property on Exhibit"I" attached hereto and incorporated herein. 9. Haul Road shall mean the access road leading from County Road#42 to the central processing area as shown on Exhibit"1" 10. 160`" Street Property shall mean that certain real property identified as the 160th Street Property on Exhibit"I"attached hereto and incorporated herein. 11. Operator shall mean Fischer Sand&Aggregate Co. 12. Phase shall mean a sequence of mining that shall occur as mining progresses. 13. Pit Face shall mean the exposed aggregate slope toward which mining is to occur. 14. Seed Properly shall mean that certain real property identified as the Seed Property on Exhibit"I"attached hereto and incorporated herein. , • 2 • 1.) Introduction.This report pertains to the Conditional Use Permits("CUP") for properties located in Apple Valley and designated for sand and gravel operations. 2.) Description of Operations. A. Overall Operations Exhibit "2" illustrates the overall mining and processing areas. Sand & gravel deposits are mined and conveyed to a central processing area located on the Seed parcel. The Central Process Area includes a concrete ready-mix plant, crusher,screening and wash plant, sedimentation ponds, conveyors, scale house, truck parking, stock piles,pulverizing of black dirt, storage of ancillary equipment, water well and internal road network necessary for operations. B. Access Road Current access to the Central Processing Area is via Johnny Cake Ridge Road and County Road 42.This is a controlled intersection. All material removed from the properties will be transported from the Central Processing area, unless otherwise approved by the Apple Valley City Council. There will be no hauling of material from the properties onto 160'h Street. An access road has been constructed from the trick maintenance facility to Pilot Knob Road.This access is currently used on a minimal basis. An S"Magellan pipeline runs roughly parallel and just south of the existing haul road(future 153 St.)off of Pilot Knob Road. C. Phasing/Staging Plan Currently, mining is completed east of Pilot Knob Road. Mining will subsequently move west of Pilot Knob. Mining will then move to the western portion of the site. The final phase of mining will be the northern portion of the 160th Street Property which consists of a ridge that provides screening of the operations area from residential land uses to the southwest. This portion of the 160th Street Property will be mined and restored within two mining seasons. The phasing of mining and restoration of the 160th Street Property, as well as the FSA and Seed Properties,is illustrated on Exhibit"3" 3) Areas Adjacent to Borders.Screening berms will be established within the mining setback area of the 160th Street property when active mining progresses to-this area.The berms will be constructed with a maximum slope of 2:1. The screening 4 berms will be seeded and mulched to establish vegetation and maintained until removed as part of restoration of the mining area. 4.) Reclamation,Restoration and Rehabilitation.Reclamation will involve the restoration of areas exhausted of their aggregate reserves.Steps in sequence taken to achieve restoration include: 1. Grading and/or filling to the end use grades as set forth on Exhibit"4", 2. Respread topsoil to a minimum depth of 4 inches in all areas. 3. Seed and otherwise stabilize in accordance with the landscape plan contained in this report. 4. Maintain vegetation and re-seed where necessary. 5. Plant trees on slope as provided by landscaping plan. 6. All ground water or storm water storage areas resulting from excavation shall be rehabilitated in accordance with the provisions of Ordinance No.472 Section Al-48(g)(6). Mining phases shall be restored by stripping topsoil from new mining areas and respreading over the phase being restored,or utilizing topsoil stored on site in the form of screening berms where mining activity is complete and screening berms are no longer necessary as determined by the City. 5.) The City of Apple Valley has adopted a City Stormwater Management Plan. As part of this Plan, outlet elevations for storm water leaving the City of Apple Valley and entering the City of Lakeville have, been established in cooperation with the City of Lakeville. 6.) Performance Standards and General Provisions A. Noise Control 1. The maximum noise levels at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and U.S. Environmental Protection Agency. Any documented violations reported to the operator will be corrected/mitigated by the operator within 15 days of written notice.Methods set forth in the EIS will be utilized in controlling noise in berms, distance, screening of operations and similar methods. 2. The Operator shall use a conveyor system to move material from the pit face(s) to the Central Operations Area to reduce noise that would otherwise be generated daily by trucks hauling material 5 within the site. Mining shall be carried out towards the perimeter of the sites so that the mine face provides additional topographic shielding of the operations. B. Dust Control. Reduction of dust generation can be achieved by Operator implementing the following operational procedures: 1. Conduct stripping operations as quickly as practical.This includes removing all of the topsoil to expose the underlying sand and gravel with reduced dust production potential, and stockpiling the top soils. 2. All efforts shall be made to attempt to schedule stripping operations in areas adjacent to sensitive areas during cooler months when the windows of nearby residents in the area are more likely to be closed. 3. As areas of mining are completed, they shall restored and prepared for development. 4. The Operator shall use all efforts to minimize erosion of topsoil will further reduce dust production at the site. The following measures will be taken to reduce dust generation due to vehicular movement: • The access road off County Road 42 to and from the main operations center will be paved for a minimum of 300 feet from County Road 42. • The gravel portion of the main haul road, secondary haul roads and traveled portions of the operations area will be watered daily during the mining season unless it rains in excess of 0.02 inches in a given day.Water trucks will be available on-site throughout the mining season to insure the availability of sufficient watering of the haul roads. 6 • If there should be a particularly dry and windy day during the mining season during which the City believes more frequent watering is necessary, the City may request the operator to perform additional watering of the haul roads. The operator will have sufficient watering trucks and personnel available to comply with an increased watering schedule as may be requested by the City. • The general setting of operations will be recessed and perimeter berms,which will act to trap a portion of the dust generated within the site,and prevent it from migrating beyond site boundaries. g Operator shall use a conveyor to transport the majority of mined sand and gravel material from the pit face to the Central Processing Area. Minnesota Pollution Control Agency Guidelines. The site will operate under an Air Emissions Permit. The Minnesota Pollution Control Agency (MPCA)has not adopted any formal guidelines on the control of fugitive dust in gravel mining operations.Fugitive dust control is addressed by the MPCA as part of their Air Emissions Permit,which must be secured for operations. Conditions of the permit are written specific to individual mining sites. Conditions of the permit will address dust control measures such as watering of haul roads as discussed above. The operator will comply with all conditions of the MPCA Air Emission Permit as issued. C. Berms. 1, Berms shall be established and maintained as follows: A berm will be constructed along the southwest mining setback of the 16061 Street property. The berm will be established to provide a visual, noise and dust screen for mining. The berm shall be an earth berm. The side slopes shall be a maximum of 2:1 (horizontal to vertical slope)_ The slopes shall be planted with suitable vegetation to stabilize the slopes. The berm shall be maintained until mining is completed on the 1.6e Street property. The berm may be removed as part of final restoration activities. 2. Berms shall be constructed at a maximum slope of 2:1. 3. All berms shall be stabilized as quickly as practical by applying seed and mulch and watering as needed to assure proper establishment of vegetation. Seeding and mulching will be performed within 15 days of completion of grading of a section of a berm. Berms will be inspected periodically and areas reseeded as needed. 7 D. Landscaping and Seeding. 1. All areas to be restored,except berms as described above, will be fertilized and seeded to legumes and perennial grasses. MN-DOT seed mixtures No. 2 and 13 will consist of rye for quick ground cover and perennial ryegrass, alfalfa and field bromegrass for permanent ground cover. 2. Upon replacement of the topsoil,legumes, grasses or other ground cover, similar to Minnesota Department of Transportation Mix No. 2 and 13 referred to above,will be planted upon such areas in order to avoid erosion. Berm, stockpiles, drainage channels and setback areas will be seeded and/or planted within 15 days after completion of final grading. 3. The Operator will be responsible for final grading and reseeding of all reclaimed land unless development is pending; in which case, the grading and reseeding will be in accordance with the approved development plan. Seeding dates shall be between April 15`s and September 15a`. Additional seeding dates may be approved in the annual excavation permit. On slopes greater than 6%, disk anchored straw mulch may be used. Soil erosion fences,bales, dikes or combinations thereof may be used at the base of slopes greater than 12%until they are established by vegetation. 4. Trees and shrubs will be planted on the side slopes in final stages after the permanent side slopes are established. The size, species, location and quantities will be reviewed with the City as a part of review of final restoration. E. Setbacks. Mining operations shall not be conducted closer than 30 feet to the boundary of an adjoining property line unless the consent of the owner in fee of such adjoining property is first secured in writing. 2. Mining operations shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street,road or highway, except that excavating may be conducted within such limits adjacent to any boundary in order to reduce the elevation thereof in conformity to the approved grades or existing or platted street,road or highway or to create a berm. 8 F. Storm Water Management.Storm water runoff within active mining areas generally flows to the lowest point in the open phnse and infiltrates into the ground.Due to the granular nature of the soils encountered in a gravel mining operation,ponding for an extended amount of time does not occur. Diversion berms are constructed as required to minimize runoff generated in area adjacent to the phase being actively mined from entering the mining area. G. Erosion Control and Slope Stabilization.. Operator shall employ erosion control and slope stabilization methods as follows: 1. Side Slope.The steep side slopes(greater that 3:1),which are created along the perimeter of a completed mining area,will be stabilized and seeded.Final side slope(4:1)as,illustrated on Exhibit 4 will be established when mining is completed.At that time vegetative planting will be established as previously described. 2. Restoration Seeding.Graded or mined areas will be restored as described in.the Land Rehabilitation section of this report. 3. Maintenance of Vegetation.Areas that are vegetated will be maintained by weed control,periodic mowing when vegetation height exceeds twelve-inch(12")growth and reseeding where growth did not occur. All exposed areas will be stabilized in order to control erosion.Side-slopes in the central processing area will not be seeded unless there is no other means to maintain these slopes.Other areas will be seeded in order to control erosion as described,i.e.berms restoration areas and restored side slopes.In this manner reasonable erosion control can be attained H. Water Pollution. The Operator will comply with all Minnesota DNR and Pollution Control Agency regulations and U.S.Army Corps of Engineers and Environmental Protection Agency regulations for protection of water quality.No waste product or process residue,including untreated waste wash water,will be deposited in any lake, stream or natural drainage system except ponds wholly contained within the excavation site.All human waste materials shall utilize a satellite toilet facility,which shall periodically be pumped. I. Hours of Operation. The hours of operation shall meet the provisions of Section 155.291,Subd.(C)of the City Code; except,that the operator may request a special permit by the City Council for additional hours for a specified time when warranted for a specific project. 9 __ I Hours of operation for excavation,processing and truck hauling,which may be amended by the City Council in the conditions attached to the conditional use permit,shall be as follows: 1. Areas less than 3,600 feet to residential areas. The maximum hours of operations for excavation,processing,except concrete and asphalt processing,and truck hauling equipment in a sand and gravel district where these activities are located closer than 3,600 feet to the city's,or an adjacent city's,developed or zoned residential property which existed prior to the effective date of this chapter and zoning map amendment,shall be 6:30 a.m.to 5:30 p.m.,Monday through Friday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 2. Areas more than 3.600 feet from residential areas. The maximum hours of operation for excavation,processing,except concrete and asphalt processing,and truck hauling equipment in a sand and gravel district where these activities are located farther than 3,600 feet to the city's,or an adjacent city's developed or zoned residential property which existed prior to the date of tbis chapter or map amendment, shall be 6:00 a.m.to 6:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 3. Processing and mixing extended hours. The maximum hours of operation for concrete and asphalt processing and associated truck hauling equipment,not excavation or crushing,in a sand and gravel district wherein the processing equipment is located in a centralized location and within an enclosed processing building shall be 5:00 a.m.to 10:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. J. Traffic Management.Truck traffic will only ingress and egress from the site from the driveway access to County Road 42 at the Johnny Cake Ridge Road intersection. K. Fencing.No fencing is planned except security gate fencing as determined to be necessary by Operator or such other fencing as may be required by the City of Apple Valley. L. Signs.The only sign shall be the identification sign at the entrance to the property along County Road 42. 10 M. Weed Control. Weeds and other unsightly or noxious vegetation will be controlled by periodic mowing and/or spraying. Existing trees and topsoil along existing public right-of-way will be maintained unless otherwise approved by the City. N. Fuel Storage. There will be no fuel storage on any of the 160th Street Property. Fuel storage shall be limited to the existing site adjacent to the Maintenance facility as shown and noted on Exhibit 2. O. End Use Plan. The purpose of the End Use Plan is to guide the mining and reclamation of the site in a manner that will be consistent with the ultimate development of the area. The End Use Plan provides a basis for the grading, drainage and utility plans. Attached hereto as Exhibit 4 is the new End Use Grading Plan. to other respects, the owners and operators will cooperate and coordinate end use grading with the City and adjacent property owners. P. End Uses. No specific end uses are proposed at this time except for Commercial/Industrial uses along County Road 42 within the 525 feet that will remain generally consistent with existing elevations. The remaining mined area may be developed with a variety of land uses to be determined over the next several years. The owner will cooperate with the City in planning for end uses for the subject property. Q. Public Utilities. The owner will cooperate with the City in planning for public utility service after mining and restoration are completed. R. Required Permits. 1. Annual Excavation Permit, An annual excavation Permit shall be obtained in accordance with the provisions of the Apple Valley City Code. 2. Building Permits. Building permits shall be obtained from the City for any structure requiring a permit under the Minnesota Uniform Building Code. 3. MPCA Air Emission/Storm Water Permits,Permits from the Minnesota Pollution Control Agency (MPCA)have been obtained for an"Air Emission" permit for a Sand and Gravel Quarry and Air Pollution Equipment according to MN Statutes Chapters 115 and 116. A permit has been obtained from the MPCA for storm water ponding. 11 4. Sign(s)Permit. Sign(s)permits shall be acquired from the City for any business identification,sales or advertising signs as regulated by the City Code. 5. Special Permit(City).Permits for additional hours of operation,if requested and approved by the City Council shall be obtained. S. Pipeline.There are fuel pipelines(Magellan)running north south along the western property boundary of the site.There are also lines running east west between the Seed site and the 160Ih Street property line,and east west along the western boundary of the site and on the adjacent property to the south and along the west boundary of the subject 242 acre mining site.The operator will maintain an appropriate slope and setback from these pipelines during mining. T. Additional Operational Controls.There shall be no blasting for mining operations. 12 EXHIBITS 1. General Location Map 2, Mining and Processing Area 3. Mining and Restoration Phasing 4. End Use Grades 3 - .,: Y4r. �.ee� 11 _ „.r 1 IL ra i31) '„. k - i,..4,. . j1;l." err :'2 !s?r,- • -+ �j� s f' . .ram.: J — �- _ t ."., ""''::: ry _ .. 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'• •�4:i.. .;' :'>,�_ — _ •_ ,3e�, {: }..,. :.3-..� YI.•..j'.�Ff+. ^usyY�i _-... u,:" '.Efldi-„=:c::�_;...;:�-,��}P:, =;i�.r ,+,• ':'S • J{ ' _.__ £ .,ram' _ :. ... •` . EYE i...., %•.._, y.-,:,yam L t1 •. litL...,i.l'�.,, ••4.R!..!'!..--..,T rM7.-Y.a..'.-=-'2-.-77 7-t.r-:-..•5.'i'1-',.;,`,9:--.-..-j:-0.::'•-:'••,:-',r:.-.-.:..----'•--'-.T 1..••'•-*,''i''+li.,-'4=-;-:.Y....:i-.p-••.:,•;$...•.!.','••`••,"1 : -• ...f•_.4 4•�n;.��--ram:-F:i?•i 471 ,. t . W, ice_i'. —��' 4 3 • " :rib » l aI r; r '•_•::; .41::. .7� : •rM0g 7LREERmIsHWM RECUNYTRuLTEJHWO LiJi yR 000+6 N THE 5a$E7NCR 10 EiPERF0IRED H 4 "iceC =Ras DKRUCrCyi KliD&D Ni0 RECLEW6uWMlI Y 1�1130 WrinatT17110 WE CRY. �� 1i .^� .,. .,Y I �'i. � . -R •T INN* — �Pas. ssa � I t Y. - .......,_. . Phan l 'IV FISCHER s�o=a..�>o� SAND AND `I I AGGREGATE — I I ! 1 I sn�n� kilos Miami + � APPLE VALLEY �saNNWy:mIH015 Aiam YEiYR:R706r9ir ! MI IHMESOTA M - I1. .dry+ 1 • .I. 7G ` k-- -` —. - —��-a -�_ifffar• •.•.•` - !i I FUTURE 463rd STREW`+'.'.rr rzl — T— #/7 IP1NNi .....--- II u 0 --;:i...-----.7.--.... A",.: :\ I � � tie ierRra+.S'ffavcrerra I UTVRE 13'!OI .-^-E 4iliti N 1 ,7 i cdrllddy pRlEPr Lfr Nye i RY.od I ` hdoiNumv alvna 1 -•••• „„,.T R I 14 NkNGANO RESTORATION 1 Jr r PHASING S saouleTaeer I y ."'�--,, EXHIBIT 0 — ,. — —. . _ --._-------- . — .— ._. . . .-. , 1 1 } .r�.r,s -r.stnn,n 0• „, ,,,,=�. .M.. FISCHER SAND AND �ti--11 '.°'°a'"R"'°° .v.rw„E..�- `1.V =1111 AGGREGATE { re fa""/--X---.iwt.:.i.,O.....4.:.,-. 4 APPLE VALLEY root n ra.rn..wn ' MIINNE$4TA 1—i lrdiM,an'ppil-!-..N.t.0.,7"7.i-1--7 -4._lr_6sw..i_6. iPP-.--. v.% "ea_7oINA 4 IN7:%,....,4p..•a•5'1-,- ! .ROPDSED.DND ) ri 11 ,'� • _ / rs i %P ...swatrw ;f. `� �� ` A "" FUTUR 1 rd• . -- '� e _� _ _...._ 1 FUTURE Ii Tel _•_.__. '1 r tli t nrDME KM U ._ r rxwx oo Toro y1. .„. _{y 11 rr u ."' .. 4.,wDr:....+ ENO USE I 'i GRADES a "1 • • EXHIB 14 .rots na...s rn+...+.,r var..6 I. Legend a LANE DESIGNATION 4 AM PEAK HOUR VOLUME XX _ - _I t.+ta+n'1 �w ar '.'r �� tae an ^�s 23 - PM PEAK HOUR VOLUME XX 66. ! .�7�11'7. S t rxe a �ril�x w• e� r�7 zm y'S SIGNALIZED INTERSECTION N irk,h- +1 ]e3 rot., ! •,. l.B tld> r 67 tea ' ��IS 4 - !,01 n+��'g F+n��x ...6, ab.. UNSIGNALIZED INTERSECTION CIO 343• F y .+'! N 18 V EN PROPOSED ROADWAY �. r .- ., lilt -_,L,--- ,i ru at�i Efl .r• •r1 TTTr `'' Si:�f i V.93 r Phase 1 y ra >Q ; _ .IE7th5t. _ ti �f_m 7f a3� • w - c$- r+ 71( ,LI =a. • law* �` « - 1e i1•32 _ • - ,a) t�si Lam- _..�r to u $x. - ,. . - .__ 1 a' :ta .. - _ ---- .. lopi.„... . • - -�,' •.Z1 175 g8Lt3e 1TY �� •cfpi SFt ifil `•� •"• - �j:9 t�17 B aae 13» la.1tp • J-qi ,-_ . _ . • = X -e 5 1ua 417> i. x Y - 7 _T+s7 tlt- 'an • I a il Data 8-12-2016 Fisher Sand & Westwood Oelanvv: p °tt°x t� Aggregate 2030 Full Build Preered Traffic Volumes Phone (952)9374150 7699 Anagram Drive Praha', Manrve Mvxness Berg PA AUAR Update Fax (B52)B37-BB22 Eden Praha',MN 35340 9icrn • Tal Ree (B59)9374150 teu.BD.dpalDm VYs ltaood Prof®IwIBwlua.ta. -ere.a O74. Ii/ I.. � �MNApp1i Vailcy,MN Figure 17b L Map Document:N:00009075 001GIS1FSA N°iseMonitoring Map_Eo19_160825.mad 8/25/2016 2:35:55 PM 2916 Westwood Professional Senates.int. GSM 42 MAN 42 4 CS+W 42 I A S r 1: I O`�ilY 15'Jrd Sd. ifA3rd�t ! A �i1 R a 15701 SL V e * .y. T GSnN♦n C.—CAN+G IMAM Mf * 0 Data 9°urce(s):Westwood(2016'; Fischer Sand & Aggregate Apple Valley, Minnesota N Apple Valley AUAR Westwood A Noise Monitoring Locations ttee„93,.S,m Westwood Profissional Sen4ces,0K. EXHIBIT 19 David Weetman From: Thomas Cinadr <thomas.cinadr@mnhs.org> Sent: Thursday,August 04, 2016 7:27 AM To: Ryan Grohnke Subject: Re: Database Request- Fischer AUAR Attachments: Historic.rtf THIS EMAIL IS NOT A PROJECT CLEARANCE. This message simply reports the results of the cultural resources database search you requested. The database search produced results for only previously known archaeological sites and historic properties. Please read the note below carefully. No archaeological sites were identified in a search of the Minnesota Archaeological Inventory and Historic Structures Inventory for the search area requested.A report containing the history/architecture properties identified is attached. The result of this database search provides a listing of recorded archaeological sites and historic architectural properties that are included in the current SHPO databases.Because the majority of archaeological sites in the state and many historic architectural properties have not been recorded, important sites or structures may exist within the search area and may be affected by development projects within that area.Additional research,including field survey,may be necessary to adequately assess the area's potential to contain historic properties. Properties that are listed in the National Register of Historic Places(NRHP)or have been determined eligible for listing in the NRHP are indicated on the reports you have received.The following codes on the reports you received are: NR—National Register listed.The properties may be individually listed or may be within the boundaries of a National Register District. CEF—Certified Eligible to the National Register findings are usually made during the federal review process,these properties have been evaluated as being eligible for listing in the National Register. SEF—Staff eligible findings to the National Register are properties that have been determined eligible by SHPO staff. DOE—Determination of Eligibility is made by the National Park Service and typically refers to properties deemed eligible but the owner objects to the listing. CNEF—Certified Not Eligible to the National Register. SHPO has begun to record properties that have been evaluated as not eligible for listing in the National Register.If the box on the form has a check the property has been determined to be not eligible. Properties without NR,CEF,SEF,DOE,or CNEF designations in the reports you received may not have been evaluated and therefore no assumption to their eligibility can be made. If you require a comprehensive assessment of a project's potential to impact archaeological sites or historic architectural properties, you may need to hire a qualified archaeologist and/or historian. If you need assistance with a project review,please contact Kelly Gragg-Johnson in Review and Compliance @ 651-259-3455 or by email at kelly.gu ;ghltscZn r( naths.org. t The Minnesota SHPO Survey Manuals and Database Metadata can be found at 1sltp:!}ywy;mnhs.or};falipotsurvey/inventaries.litltt SHPO research hours are 8:30 AM—4:00 PM Tuesday-Friday. The Office is closed on Mondays. Tom Cinadr Survey and Information Management Coordinator Minnesota Historic Preservation Office Minnesota Historical Society 345 Kellogg Blvd.West St. Paul, MN 55102 651-259-3453 On Tue,'Aug 2, 2016 at 10:02 AM,Ryan Grohnke<Ryan.Grohnke rr westwatidps.com>wrote: Good morning Tom, Could you please do a database request for the following location: Township 115 N, Range 20 W, Sections 35 and 36. Thank you, Ryan Ryan P. Grohnke CULTURAL RESOURCES FIELD DIRECTOR/PROJECT MANAGER ryan.grohnke©westwoodps.com Direct (952)906-7403 Main (952)937-5150 Cell (612)209-3352 Westwood Multi-Disciplined Surveying&Engineering 7699 Anagram Drive I Eden Prairie,MN 55344 2 History/Architecture Inventory PROPERTY NAME ADDRESS Twp Range Sec Quarters USGS Report NRHP CEF DOE Inventory Number COUNTY: Dakota CITY/TOWNSHIP: Apple Valley Mendota-Big Sioux River Rd.:Apple Dodd Blvd. 115 20 35 SE-SE-SE Farmington xx-90-1H DK-AVC-004 Valley Section Mendota-Big Sioux River Rd.:Apple 115 20 36 Farmington xx-90-1H DK-AVC-004 Valley Section Lebanon Cemetery 15xxx Pilot Knob Rd. 115 20 36 NW-NW- Farmington DK-95-8H DK-AVC-006 Thursday,August 04,2016 Page 1 of 1 ' h!(cssttgc. Page I of 2 ATTACHMENT 4 Kiirsteln Ratify _�_._ _T_ __---- SubJez!; Fes: SHPO Database Search Request THIS EMAIL IS NOT A PROJECT CLEARANCE. This message simply reports the results of the cultural resources database search you requested. The database Search produced results for only previously known archaeological sites and historic properties. Please read the note belo+ -caref'ully. For further information contact Kelly Gragg-Jol.nsan by phone at 651-296-5462 or email ••a.t kelly.gragg-jOhnson@tnnhs.org. No arcfieeatogicat sites or historic structures were identified In a search of thaMinetesota Atchaectogiest Inventory and Historic Structures Inventory for the Search area requested, The result of this database search provides a listing of recorded archaeological sites and historic architectural properties that are included in the currant SHPO databases. Eleceuse the majority of archaeological sites in the state and many historic architectural properties have not been recorded,important sites or structures niSy exist within the search area and may be affected by davelopment pro}eet5 within that area.Additional research, including field survey,may be necessary to adequately assess the area's potential to contain historic properties. With regard to Environmental Assessment Workshoots(SAW},a negative known siitefstructure response from the SHPO databases is not necessarily appropriate intormatIon an which to base a No response to EAIN Question 25a It is the Responsible Governmental UnLCs(RGU)obligation to vorrfy the accuracy of the information contained within the EAW. A"No"response to Question 25a without written justification should be carefully ennsinered II you require a comprehensive assessment of a pro;ect's potential to impact archaeological sites or historic architectural properties,you may need to hire a qualified archaevkxgist andfor historian- Please contact the SHPO by phone at 651-296-5462 or by email at mnshpogmnhs.org for current lists of professional consultants in these fields. The Minnesota SHPO Survey.,Manuals and Database fvletedata can be found at http:.h ww.ronhs.arglshpoisurveylinventories.hirr► 7'nrra Crrurdr Survey and Information Management Coordinator Minnesota State Historic Preservation tie 4124 2O(}7 St. Pail,MN 55102 651-205-4197(voice) 651-282-2374 (fax) Original Message From: Joe Galluzzi [mailto:jgalluzzi@sundecivil.com] Sent: Wednesday,June 21, 2006 4:05 PM To: Cinadr,Thomas Subject: SHPO Database Search Request Mr.Cinadr, We are working on an Environmental Assessment Worksheet for a project in Apple Valley, MN. We would like to know if there are any archaeological, historical, or cultural features of significant importance located on or adjacent to the site. The site is located in most of Section 35 and the NW'/+of Section 36, Township 115 N, Range 20 W, in Dakota County, Minnesota. A USGS Topo Map excerpt of the Farmington,Minn.Quadrangle and a site map are attached in BMP format. Aggregate mining has occurred throughout the majority of the site in the past. Please call or email me if you have any questions or need more information. Joseph Galluzzi SUNDE ENGINEERING, PLLC 10830 Nesbitt Avenue South Bloomington, MN 55437 Ph:952.881.3344 Fx: 952.881.1913 www.sundecivil.com 7/25/2007 l — 1 History/Architecture PROPERTY NAME ADDRESS Twp Rangy,:Sec::Quirterx USGS Report NIUIP 'IEEE DOE T memory%umhcr COUNTY D2kkta ciTYFTOWNSHIP: Apple ,Ntv5daw-134,Sieux River Rd.:Apple 15add DM, 115 20 3c SE-SE-SE frnreilIg xz 90-1 Ei D AVC Va1)c}S&.t1iuo .k .iata-1 8Siam River Rd.:Aprle 11S 20 36 fuming n co,Yl3H lK-AVC•074 Vai:tiw SoNiOn Lebanon.Crmc+crl; 15rrX Not lrthob lxd. l i S ;,li .3b z:N'.NW'.N farc,ingtan AK-45-811 EIK AYC-S+7fs 1 I. R on&>br....Froora 5..row..r Legend - xy --- -4-- - - .igir i LANE DESIGNATION �? _ ,< AM PEAK HOUR VOLUME K% L �r1 +>,.�•. sxu w 'r ■L-sa m S o Cr xs PM PEAK HOUR VOLUME XX -- ru 10r CO - CH vb � 'n ut SIGNALIZED INTERSECTION - • - Ti t t'1 t- 1b' 1 _4_ _ rs, rrt, . r +F++ • g II r• •+ 13H'J• •"' 4 W -S +aM ar�� UNSIGNALIZED INTERSECTION r __ //, z>/.. '-)' . , / :,1 MI ow !L�rIq / i / / i z i Site / . yr rr+s wtr S +• " w'r _ - - '! £ 'WT."- -/ ' � 157th St�. lsin s� .�r a r.�F — - - _ 160th St W CSAH 46 - - #. � - if .. -, . ts, . ...: . .,.Au um iihr.- ' .. .. 1 if -- rJ slxl f' SQ 161 Im 11 ,F se WI. ,- ii ,,...:.,-,.....4 ,_: '._ ._ . - 5 ' - — - :: uauroe - - _ -- - — Dace:812-2016 Fischer Sand & Westwood �..� Aggregate 2016 Existing Traffic Volumes Phone (952)93i-5150 2599 Anagram Drive Monroe Moxness Berg PA AUAR Update Fax (952)93T-5322 Etlen Prairie MN 5534e prq.- Tr Free Ma)9375150 westwoodps.rom Westwood Professional ServiQ4lns. FKdd aR.' Gv�06:C I Prepared for: Mim1capaiis, MN Apple VsU y. MN Figure 16 L ATTACHMENT C:2007 AUAR APPENDICES CITY OF APPLE VALLEY RESOLUTION NO.2006-228 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SAND AND GRAVEL MINING OPERATIONS AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances,zoning regulations to control land uses throughout the City;and WHEREAS,said regulations provide that provide for sand and gravel mining operations may be allowed within the confines of a"SG"(Sand and Gravel)zoning district and in accordance with specific performance standards,as a conditional use;and WHEREAS,approval of a Conditional Use Permit for sand and gravel mining operations has been requested by Fischer Sand and Aggregate,LLP and Fischer Market Place,LLP;and WHEREAS,review of such Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on November 18, 1998;and WHEREAS,the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on December 2, 1998. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that a Conditional Use Permit for sand and gravel mining operations within a"SG"(Sand and Gravel)zone be approved subject to the following conditions: 1. The Conditional Use Permit shall provide for operations to be conducted in conformance with and upon property as described within the document titled: Fischer Sand and Aggregate,LLP Conditional Use Permit 160th Street Property City of Apple Valley 2. The Conditional Use Permit may be revoked for cause if the terms contained within the document referenced in(1)preceding are not adhered to. Attachment 1 ADOPTED this 21 st day of November,2006. M am - d, ayor ATTEST: Pa rrLa0.a 6 A,CI� Pamela J.Gacstetter, City Clerk CERTIFICATE I,Pamela Gackstetter,Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on November 21,2006,the original of which is in my possession, dated this day of , 2006. Pamela J. Gackstetter,City Clerk • CONDITIONAL USE PERMIT (160th Street Property) RECITALS WHEREAS,Fischer Market Place, LLP ("Owner")is the fee owner of the that certain real property legally described on Exhibit "l." attached hereto and incorporated herein ("160t Street Property"); WHEREAS, Fischer Sand and Aggregate, LLP or its affiliated companies ("Operator") intends to mine and excavate certain portions of the 160th Street Property as set forth on Exhibit"2"attached hereto and incorporated herein; WHEREAS, whenever the term "Operator" is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property; WHEREAS, certain terms and conditions regarding the mining of the 160th Street Property and those other properties owned by Owner and Operator are contained in the Revised Fischer Report, which report is attached hereto and incorporated herein as Exhibit "5" ("Revised Fischer Report"); WHEREAS, the City Council of Apple Valley approved the issuance of the conditional use permit for the mining of sand, gravel and other mineral deposits on a portion of the 160th Street Property at its regularly scheduled meeting of May 27, 1993; NOW THEREFORE, subject to the terms and conditions set forth herein, the City of Apple Valley does hereby grant this conditional use permit for the mining of sand, gravel and other mineral deposits on the 160th Street Property("CUP"). TERMS For the interpretation of certain words and phrases under this CUP,the following shall be given the meanings identified: 1. Reclamation, Restoration and Rehabilitation. For purposes of the CUP, reclamation, restoration, and rehabilitation is a process, involving the individual components as hereinafter described, which is necessary to make the 160th Street Property, suitable for development consistent with the Apple Valley Comprehensive Guide. 1 a. Reclamation/Reclaim — The filling, through the placement of clean fill or other suitable material, on any portion of the 160th Street Property, as necessary, to raise the grade of the property to an elevation as set forth in the Comprehensive End Use Grading Plan, attached hereto and incorporated herein as Exhibit"4". b. Rehabilitation/Rehabilitate — The providing and use of a suitable sub- surface material to support public infrastructure and utilities and streets necessary to allow the 160th Street property to be developed in a manner consistent with the Apple Valley Comprehensive Guide Plan. c. Restoration/Restore — The placing and spreading of sufficient topsoil (a minimum of 4 inches in all areas) upon the 160th Street Property, or any portion thereof, and the stabilization of the topsoil through the use of a vegetative cover, as approved by the City. 2. Mining Season. For the purposes of this CUP, a mining season (i.e. mining or excavation) shall consist of the duration of a calendar year between approximately April 15 and November 15, depending on weather conditions. 3_ Stockpile. For the purposes of this CUP, a stockpile consists of the accumulations of material, of any nature, in such manner so as to exceed 8 feet in height as measured from the lowest point of the ground surface within a one hundred foot (100') radius from the apex of the stored material, the points of which are determined by the City. A berm established to provide a visual, noise and dust screen shall not be considered a stockpile. 4. Conflict of Terms. To the extent that the terms, conditions and references contained in the Revised Fischer Report, as identified hereafter, do not conflict with the CUP or the City's Code of Ordinances,the meanings contained therein are expressly adopted in this CUP as though originally set forth herein. Any conflict between this CUP or the City's Code of Ordinances and the Revised Fischer Report shall governed by this CUP. Notwithstanding the foregoing, the City shall be permitted to broadly interpret this CUP, the City's Code of Ordinances and the Revised Fischer Report in a manner that best promotes the public, health, safety and welfare of the City. 2 CONDITIONS 1. Compliance with.Plans. The Operator shall comply with the standards and requirements contained in the following plans: a. Noise Control Plan(contained in the Revised Fischer Report); b. Dust Control Plan(contained in the Revised Fischer Report); c. Landscape and Seeding Plan(contained in the Revised Fischer Report); d. Storm Water Management Plan(contained in the Revised Fischer Report) e. Erosion Control and Slope Stabilization Plan(contained in the Revised Fischer Report); f. End Use Grade Plan(attached hereto and incorporated herein as Exhibit "4"); g. Phasing Plan(attached hereto and incorporated herein as Exhibit"3"); h. Reclamation,Restoration and Rehabilitation Plan(contained in the Revised Fischer Report). Operator shall further comply with all other performance standards as contained in the document entitled Revised Fischer Report. 2. Compliance with Permits, Approvals and Licenses. Operator shall obtain and comply with all necessary approvals, permits and licenses from the City of Apple Valley; Dakota County; Minnesota Pollution Control Agency; Minnesota Department of Health and any other regulatory agency affected by or having jurisdiction over the gravel mining and excavation of the 1.606 Street Property ("Project"). All costs incurred to obtain said approvals, permits and licenses and all fines or penalties levied by any agency due to the failure of the Operator to obtain or comply with the conditions of such approvals, permits and licenses shall be the responsibility of the Operator. Any default or violation of the approvals, permits, or licenses required in connection with the Project shall be a violation and default under this conditional use permit. The Operator shall indemnify, defend and hold the City of Apple Valley harmless from any action initiated by a regulatory or governmental agency due to a violation or default of any approval, ordinance, City Code,permit or license,which results from the operator's actions or failure to act. 3 3. Compliance with Laws. The Operator shall comply with all other laws, regulations,permits or licenses,which may apply and/or are issued in connection with the operation of the 160h Street property. The Operator shall further comply with any and all requirements of the City Code for the City of Apple Valley, however, if the City Code conflicts with the terms of this CUP,then this CUP shall control. 4. Use of 160t Street. Operator shall not use 160th Street for traffic in connection with any mining activity on the 160th Street Property. Operator shall use conveyors or other methods of transporting any mining material to other properties owned by Owner or Operator so that 160th Street will not be used in connection with any mining or excavation activity. 6. Excavation Permits. The Operator shall obtain an annual excavation permit(s), as set forth in the Apple Valley Code of Ordinances in connection with any area of the 160th Street Property where the earth is to be disturbed. With the application for the annual excavation permit, the Operator shall submit a plan depicting what and where activities are anticipated to occur within the following 24-month period from the date of the application.The submission of such plan does not grant the Operator any additional rights to excavate or mine any area beyond that area permitted under an excavation permit. Operator shall not be permitted to mine,excavate, or disturb the earth on any portions of the 160th Street Property not expressly permitted in the annual excavation permit. 7. Conditions of Operation. All mining of material, transporting of material by conveyor to the processing area and any other operations on the 160th Street Property, shall be conducted during the hours as set forth in Paragraph 6(I) of the Fischer Report. Notwithstanding the terms of this paragraph, upon written application to the City by the Operator,the City Council may permit an extension of the hours of operation as set forth in this paragraph, subject to noise and air pollution control measures and additional terms and conditions as determined by the City Council. 8. Blasting. The Operator shall not blast,with the use of dyri. rite or other explosives, for the purposes of excavation,mining operations or any other purpose. 9. Mining on the Property. The Operator shall only excavate, for the extraction or mining of material, those portions of the 160th Street Property identified for such purpose as set forth on Exhibit"2". 10. Completion of Mining. Once the Operator has finished and restored a phase, that phase may not be reopened for any mining activity, except as approved by the City within an annual excavation permit. 4 11. Importing of Material. No material including sand, gravel or mineral deposits of any nature, whatsoever, shall be imported to the 160th Street Property, except as expressly approved by the City. Notwithstanding the foregoing, Operator may import clean fill and topsoil necessary for the reclamation, rehabilitation and restoration of the 160th Street Property. 12. Stockpiling. All stockpiling of material and/or minerals, except topsoil and clean fill, shall be located in the central processing area of the Seed Property or as approved by the City in connection with the annual excavation permit. No stockpiling of materials or minerals shall occur on the 160t Street Property without the prior approval of the City in the annual excavation permit. The Operator shall be responsible to mitigate any adverse effects that result from the pulverizing of black dirt, including the use of watering or relocation, if the City notifies it of the receipt of complaints. Failure of the Operator to successfully mitigate the adverse effects shall be grounds for revocation of this permit. 13. Dust Control. The Operator agrees that in order to control dust, it will do additional watering as requested by the city Public Works Director. Such requests may be made orally and the Operator agrees to implement the additional watering within one-half(1/2)hour of the City's request.The Operator agrees that should the City determine, at its sole discretion, that the Operator has failed to adequately implement the additional watering necessary to control dust, the City may proceed to enter upon the Owners' property, which license is expressly granted herein, for the purpose of watering the property to effectuate dust control. The Operator and Owner agree to pay any and all cost born or incurred by the City for watering and agree to pay the city within 30 days of invoice, thereof. The Operator and Owner further agree that upon failure to pay the invoice, that all amounts reflected in the invoice shall be certified as a lien against Owner's property and be due and payable in connection with the taxes thereon. • 14. Restoration. Owner shall reclaim, rehabilitate and restore the 160th Street Property • in accordance with the phasing plans and reclamation, rehabilitation and restoration plans, as set forth in the Revised Fischer Report and Exhibit "3" attached hereto, and on or before the dates set forth in the phasing and reclamation, rehabilitation and restoration plans. Operators reclamation, rehabilitation and restoration shall comply with the Comprehensive End Use Grading Plan as set forth on Exhibit "4" attached hereto and incorporated herein. Upon request by the City, Operator shall provide a report prepared by Braun Intertec and Probe Engineering and Sunde Engineering regarding the reclamation, rehabilitation and restoration of all Fischer Properties covered by any CUP in the City. The report shall include all soil composition reports and other information to ensure proper reclamation, rehabilitation and restoration of said properties. 5 15_ Default. Default is the failure by the Operator to observe or perform any covenant, condition, obligation or agreement to be observed or performed by it under this CUP, within thirty (30) days after delivery of written notice from the City. The written notice must specify to a reasonable degree the problem, and request that it be remedied. The Operator shall have a period of thirty (30) days from the date of the delivery of such notice to correct the problem. Upon request by the Operator, the City may agree in writing to an extension of the 30 days period, prior to its expiration, for such longer period as may be reasonably necessary to remedy such problem, provided that the Operator is proceeding with reasonable diligence to remedy the same. 16. Remedy. a Upon the occurrence of an uncured default, the City Council ("Council"), following a public hearing, with notice of the time and place of hearing being given to the Operator,may terminate this CUP. b. Termination of the CUP shall not occur earlier than ten (10) working days from the time that written notice of termination following Council action is received by the Operator. Notice to the Operator shall be served personally or by certified mail at the address designated in this CUP. Such written notice of termination shall contain the effective date of the termination, the nature of the violation or violations constituting the basis for the termination, the facts which support the conclusion that a violation or violations has occurred and a statement that if the Operator desires to appeal, it must be within ten (10) working days, exclusive of the day of service, that the Operator file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and be served personally or by certified mail on the City by midnight of the tenth(10th) working day following service of the notice of termination. Following receipt of a request for hearing,the City shall set a time and a place for the hearing. In the event a hearing is requested by the Operator, termination shall be stayed until written notice of the Council's action following the hearing has been received by the Operator. HEARINGS: (1) If the Operator requests a hearing on termination of the CUP, such hearing shall be held before a hearing examiner as provided below, and shall be open to the public. (2) Unless an extension of time is requested by the Operator in writing directed to the City and is granted, the hearing will be held no later than forty-five (45) calendar days after the date of service of request for hearing, exclusive of the date of such service. In 6 { any event, such hearing shall be held no later than sixty (60) calendar days after the date of service of request for a hearing, exclusive of the date of such service. (3) The City shall mail notice of the hearing to the Operator at least fifteen(15)working days prior to the hearing. Such notice shall include a statement of the time, place and nature of the hearing. (4) Hearing Examiner: The Council shall request appointment of an Administrative Law Judge from the Office of Administrative Hearing to conduct the hearing and to make findings of fact, conclusions, and recommendations to the Council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the Council in a written report. The rules of the Office of Administrative Proceedings will apply. (5) Conduct of Hearing: The City and the Operator may be represented by counsel. The City, the Operator, and additional parties, as determined by the Council or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to conduct discovery, respond to and present evidence, cross-examine witnesses, and present argument. The hearing examiner may also examine witnesses. (6) The City shall have the burden of proving its basis for termination by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of facts, conclusions, recommendations, and decisions by the council shall be based on evidence presented and matters officially noticed. (7) All evidence, which possesses probative value, including hearsay, may be admitted if it is the type the parties are ordinarily accustomed to rely on in the conduct of their affairs. Evidence, which is incompetent, irrelevant, immaterial, or unduly repetitious, may be excluded. The hearing shall be confined to matters raised in the city's written notice of termination or in the Operator's written request for a hearing. (8) At the request of the City, the Operator, or the hearing examiner, a pre-hearing conference shall be conducted by the hearing examiner. The pre-hearing conference shall be held no later than five (5)working days before the hearing. The purpose of the pre-hearing conference is to: (i) Clarify the issues to be determined at the hearing. 7 (ii) Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner or City's representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. (iii) Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known,the party shall describe them thoroughly by job duties and involvement with the facts at issue. (9) If a pre-hearing conference is held,evidence not divulged as provided above may be excluded at the hearing. (10) If the Operator fails to appear at the hearing,it shall forfeit any right to a hearing before a hearing examiner. (11) The Operator has the right to seek judicial review of the findings of fact, conclusions, and recommendations of the hearing examiner, as well as decisions of the Council, both prior to and subsequent to the hearing. 18. Notices. Notices given pursuant to this CUP shall be personally delivered or sent by certified mail to the City of Apple Valley, attention City Clerk, 7100 W 147th St., Apple Valley, MN 55124; and to the Operator: Attention: Peter Fischer, 146 9 8 Galaxie Avenue, Apple Valley, MN 55124. All notices shall be effective upon delivery or deposit in the United States Mail. 19. Approval and/or consent of the city. Unless otherwise stated for purposes of this Permit the use of the terms "approval of the City" or consent of the City" shall mean the approval by the City Council. 20. Designee. From time to time, the city shall designate an individual as its designee to carry out the rights and obligations, wherever applicable, as set forth in this CUP. 21. Indemnification. The Owner and Operator shall indemnify and hold the City, its officers, and employees harmless from and against all claims, suits, actions, fines, damages or liabilities, and all costs and expenses related thereto (including reasonable attorney's fees)arising out of the issuance of this CUP. 22. Survival. The obligations of Owner and Operator to indemnify the City as set forth herein shall survive the termination of this CUP. 8 23. Assignment. The Owner and Operator shall give the City written notice prior to the change of ownership of any of the parcels constituting the 160th Street Property, and prior to the assignment of the rights or obligations under this CUP. 24. Interpretation. In any challenge of the provisions of this CUP, the interpretation of the provisions shall be liberally construed to protect the public health, safety and welfare. When the terms of any law(s),regulation(s),permit(s)or license(s) conflict, the stricter law,regulation,permit or license shall apply,unless preempted by a state or federal law or regulation. 25. Amendments. Any changes in the provisions of this CUP, requested by the Operator, require the express written consent of the City Council. The City may amend the CUP in accordance with the City Zoning Ordinance. 26. Severability. If any provision of this CUP is found to be invalid, such finding shall have no affect on the validity of the remainder of this CUP. 27. Binding Effect. This CUP shall run with the land and shall be binding upon the heirs, successors, administrators and assigns of the Owner and Operator. This CUP shall be recorded with the Dakota County Recorder's Office. 28. Waiver. The waiver by the City of Apple Valley of the enforcement of a violation of any condition contained in this CUP shall not constitute a waiver of the enforcement of any other term or condition set forth in this CUP. 29. Violation. The violation of any term contained in this CUP is a criminal misdemeanor. CITY: OWNER: CITY OF APPL VALLEY FISCHER MARKET PLACE, LLP - q/LIA (J. 8u4i-Rolan By: Peter Fischer yor Its: Managing Partner 60410 istta) OPERATOR: By:Pamela J. ackstetter FISCHER SAND AND AGGREGATE, LLP Its: City Clerk {�- C ce'`` IL i () i ^ By: eter Fischer Its: Managing Partner 9 STATE OF MINNESOTA) ) ss- COUNTY OF DAKOTA) On this /S day of 2)6,C PAL-).1-(A ,2006, before me a Notary Public within and for said County, personally appears 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 City 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. 9iL4 K 4L;< _ 4 r 1711.4412.1 r Public :: -: fit. JOANNE H.MURPHY ': : STATE OF MINNESOTA) ::•.... = NOTARY PUBLIC-MINNESOTA • �•-= ,;: 14 Commission Expires Jan.31, ) SS. COUNTY OF DAKOTA) li On this `' day of V�M- 6i , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known, who being duly sworn, did say that he is the Managing Partner of Fischer Sand and Aggregate Co in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors acknowledged to be the free act and deed of the corporation. , ts. JENNIFER THOMPS N � ' " l' Y �-' NOTARY PUBLIC-MINNESOTA tart'Public My Commission Expires Jan.31,2010 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) On this ::,0i el day of H CV ffn6)( , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known, who being duly sworn, did say that he is the Managing Partner of Fischer Market Place, LLP in the foregoing instrument, and that said instrument was signed on behalf of said limited liability partnership by authority of its Partners acknowledged to be the free act and deed of the partnership. i '� f i Ant - x __, u otary Public .` JENNIFER THOMPSON •:1 1,F_ NOTARY PUBLIC-MINNESOTA My Commission Expires Jan,31,2010 10 • EXHIBIT 1 Legal Description Parcel 1. P.I.D.No. 01-03500-011-78. Legal Description: S 'A OF SE '/4 EX E 1645 FT &EX 3.444 ACS TO DAKOTA COUNTY&EX N 525 FT OF S 615 FT OF W 177.5 FT 35 115 20 Parcel 2. P.I.D.No. 01-03500-011-52. Legal Description: E 50 ACRES OF E '/2 OF SW ''A EX N 525 FT OF S 615 FT THEREOF 35 115 20 Parcel 3. 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' �' - . � - ` @ > i � „ �„_ ram _. . �• - i cy • a -' •. •Ei. ?1;'e•..t.`•L-i3-.., , 3. • ti u i'-• u :':.:. , ,?.f 3I!�i a.,,l•v ,:-._ >«':__... .. - }fit, • K yl;!._.;{[.F.- - ':.i:. mac T,yl• w l. % :. yt` Ll:L • .T � +.. .;_mow; 4......._ �:r^..W F :��!. 5ni � .. _� ' '•xd ,:a: ih2rC. IF .rl� - Mie? EXHIBIT 3 Phasing Plan See Attached. 13 • . . •• gyp--.::"::. s(CM EACTT SE PIRL1 TO II UR,MID RIC Ralf C.lNS+1.LT41 M1FR f7naruiI TAo Ir.FEtir�r4n ei '}.'Frl+M. 11$: """.` i - P�7 xcrin+.e.u+a�cmnmaeu�+rau�ou[auaa„m+nauanruu.wturanonro*+eo r. Ill c -:,±tom el C�.. �L' —�- rMe.e �� pew! FMsel - 1 sL �."-..a'... 111 1.1111 I moo,+r FISCHER I Wag mein mIBa SAND AND AGGREGATE fPass! MIKIO 70114011 w, APPLE VALLEY ^�^ti""Y 70"'°S &Se lakirEOSSOI I t MIINNESOTA I I 1` •_ t. r F Er r 11 '''...;7\ ,ff• H / 1 1 N _ — _ k 31Rfrl:eielf}ei , .. a� ,� FUTIR 1531“TRf I / T. I1w c•sz %.-.km 1 4 1 I eRRrteslR rs mi.m7.TYn R mlorr.ml. I FUTURE s8}14 ` y .._ �, Iteld pM'.e l7}A N'GI't7w �_....n E Ramis I .wrd n rsSh I a I AMlM —u , Pius/Rs �., . CLIP' l MINING AND REsTONATioN PHASING I I ° f EXHIBIT I 1 .-..'P.. .....,....,....._.Ado...1......,.,... EXHIBIT 4 Comprehensive End Use Grading Plan See Attached.. 14 • . _ s ` .. + �,1 , ib 1. y- i.l�-t ;1``„. 6.r —'ice_ • --... -,.1. . itti! WI. 1 FISCHER '�- r l°I �x SAND AND I i ........... .......# .v,,.,ww...n+.. nw�.we.sw+a j mp 'a "`•tiw W.I. AGGREGATE f _ i .l Cps W 1 nor i� Pi �"3, ,i,,,;,,,,.f fff � APPLE VALLEY Li �' t.. 1 ,..wso,,.... r.xA Y , pABHNESffrA H 4. •4woeu��or+� M Millikk �` i + ' yam_ . 4- .. 11- ` -.1 n .4w w •.. 1 , w,� ..x a eET:t.w1 O'ry�.n � 1 Alt& PUTURE .fir---- �.._..--- II i . t ( — / _NNW•..... . 1rRoewcoronnf ` CUP MANI"'"11' • END USE t GRADES 1\--- 1 sIUI1 a r< EXHIBIT 4 EXHIBIT 5 Revised Fischer Report See Attached. • - i 15 EXEEDBIT "5" Revised Fischer Report Fischer Sand and Aggregate Co. Conditional Use Permit City of Apple Valley DEFINTZONS For the purpose of this submittal,certain terms or words used herein shall be interpreted as follows: 1. City shall mean the City of Apple Valley. 2_ Central Processing Area shall mean that area,on Exhibit 2 where sand and gravel is processed_ 3. Conveyor shall mean an electrical powered belt conveyor,which shall be used to convey sand and gravel material and black dirt (topsoil) from the mining area to the processing area_ 4. CUP shall mean a conditional use permit(s),which may be issued by the Apple Valley City Council. 5. EIS shall mean the final draft of the Environmental Impact Statement for Consolidated End Use Concept for Sand&GravelMming Operations in Apple Valley. 6. Fischer shall mean Fischer Sand&Aggregate Co. 7. FSA Pronerty shall mean that certain real property identified as the FSA Property on Exhibit"1"attached hereto and incorporated herein_ 9. Haul Road shall mean the access road leading from County Road#42 to the central processing area as shown on Exhibit"1" 10. 160th_Street Property shall mean that certain real property identified as the 160th Street Property on Exhibit"1"attached hereto and incorporated herein. 11. Operator shall mean Fischer Sand&Aggregate Co. 12. Phase shall mean a sequence of mining that shall occur as mining progresses. 13. Pit Face shall mean the exposed aggregate slope toward which mining is to occur. 14. Seed Property shall mean that certain real property identified as the Seed Property on Exhibit"1"attached hereto and incorporated herein. 2 1.) Introduction.This report pertains to the Conditional Use Permits("CUP")for properties located in Apple Valley and designated for sand and gravel operations. 2.) Description of Operations. A. Overall Operations Exhibit "2" illustrates the overall mining and processing areas. Sand & gravel deposits are mined and conveyed to a central processing area located on the Seed parcel. The Central Process Area includes a concrete ready-mix plant, crusher,screening and wash plant, sedimentation ponds, conveyors, scale house,. truck parking, stock piles, pulverizing of black dirt, storage of ancillary equipment, water well and internal road network necessary for operations. B. Access Road Current access to the Central Processing Area is via Johnny Cake Ridge Road and County Road 42.This is a controlled intersection.All material removed from the properties will be transported from the Central Processing area, unless otherwise approved by the Apple Valley City Council. There will be no hauling of material from the properties onto 160t Street An access mad has been constructed from the truck maintenance facility to Pilot Knob Road.This access is currently used on a minimal basis. An 8" Magellan pipeline nms roughly parallel and just south of the existing haul road(future 153 St.)off of Pilot Knob Road. C. Phasing/Staging Plan Currently, mining is completed east of Pilot Knob Road. Mining will subsequently move west of Pilot Knob. Mining will then move to the western portion of the site. The final phase of mining will be the northern portion of the 160th Street Property which consists of a ridge that provides screening of the operations area from residential land uses to the southwest. This portion of the 160th Street Property will be mined and restored within two mining seasons.The phasing of mining and restoration of the 160th Street Property,as well as the FSA and Seed Properties,is illustrated on Exhibit"3". 3,) Areas Adjacent to Borders.Screening beams will be established within the mining setback area of the 160th Street property when active mining progresses to•this area.The berms will be constructed with a maximum slope of 2:1.The screening 4 berms will be seeded and mulched to establish vegetation and maintained until removed as part of restoration of the inning area. 4.) Reclamation,Restoration and Rehabilitation.Reclamation will involve the restoration of areas exhausted of their aggregate reserves. Steps in.sequence taken to achieve restoration include: 1. Grading and/or filling to the end use grades as set forth on Exhibit"4". 2. Respread topsoil to a minimum depth of 4 inches in all areas. 3. Seed and otherwise stabilize in accordance with the landscape plan contained in this report. 4. Maintain vegetation and re-seed where necessary. 5. Plant trees on slope as provided by landscaping plan. 6. All ground water or storm water storage areas resulting from excavation shall be rehabilitated in accordance with the provisions of Ordinance No.472 Section Al-48(g)(6). Mining phases shall be restored by stripping topsoil from new mining areas and respreading over the phase being restored, or utilizing topsoil stored on site in the form of screening berms where mining activity is complete and screening berms are no longer necessary as determined by the City. 5.) The City of Apple Valley has adopted a City Stormwater Management Plan. As part of this Plan, outlet elevations for storm water leaving the City of Apple Valley and entering the City of Lakeville have been established in cooperation with the City of Lakeville. 6.) Performance Standards and General Provisions A. Noise Control 1. The maximum noise levels at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and U.S. Environmental Protection Agency. Any documented violations reported to the operator will be corrected/mitigated by the operator within 15 days of written notice.Methods set forth in the EIS will be utilized in controlling noise in berms, distance, screening of operations and similar methods. 2. The Operator shall use a conveyor system to move material from the pit face(s) to the Central Operations Area to reduce noise that would otherwise be generated daily by tracks hauling material 5 within the site. Mining shall be carried out towards the perimetcr of the sites so that the mine face provides additional topographic shielding of the operations. B. Dust Control. Reduction of dust generation can be achieved by Operator implementing the following operational procedures: 1. Conduct stripping operations as quickly as practical.This includes removing all of the topsoil to expose the underlying sand and gravel with reduced dust production potential, and stockpiling the topsoils. 2. All efforts shall* be made to attempt to schedule stripping operations in areas adjacent to sensitive areas daring cooler months when the windows of nearby residents in the area are more likely to be closed. 3. As areas of mining are completed, they shall restored and prepared for development. • 4. The Operator shall use all efforts to minimize erosion of topsoil will further reduce dust production at the site. The following measures will be taken to reduce dust generation due to vehicular movement: • The access road off County Road 42 to and from the main operations center will be paved for a minimum of 300 feet from County Road 42. • The gravel portion of the main haul road, secondary haul roads and traveled portions of the operations area will be watered daily during the mining season unless it rains in excess of 0.02 inches in a given day. Water trucks will be available on-site throughout the mining season to insure the availability of sufficient wafering of the haul roads. • • • 6 • • If there should be a particularly dry and windy day during the mining season during which the City believes more frequent watering is necessary, the City may request the operator to perform additional watering of the haul roads. The operator will have sufficient watering trucks and personnel available to comply with an increased watering schedule as may be requested by the City. • The general setting of operations will be recessed and perimeter _ berms,wbich will act to trap a portion of the dust generated within the site,and prevent it from migrating beyond site boundaries. ■ Operator shall use a conveyor to transport the majority of mined sand and gravel material from the pit face to the Central Processing Area. Minnesota Pollution Control Agency Guidelines. The site will operate under an Air Emissions Permit. The Minnesota Pollution Control Agency (IvPCA)has not adopted any formal guidelines on the control of fugitive dust in gravel mining operations.Fugitive dust control is addressed by the MPCA as part of their Air Emissions Permit,which must be scoured for operations. Conditions of the permit are written specific to individual mining sites. Conditions of the permit will address dust control measures such as watering of haul roads as discussed above. The operator will comply with all conditions of the MPCA Air Emission Permit as issued. C. Berms_ 1. Berms shall be established and maintained as follows:A berm will be constructed along the southwest mining setback of the 1606 Street property. The berm will be established to provide a visual, noise and dust screen for mining.The berm shall be an earth berm. The side slopes shall be a MAXIMUM of 2:1 (horizontal to vertical slope). The slopes shall be planted with suitable vegetation to stabilize the slopes. The berm shall be maintained until mining is completed on the 160th Street property-The berm may be removed as part of final restoration activities. 2. Berms shall be constructed at a maximum slope of 2:1. 3. All berms shall be stabilized as quickly as practical by applying seed and mulch and watering as needed to assure proper establishment of vegetation. Seeding and mulching will be performed within 15 days of completion of grading of a section of a berm. Berms will be inspected periodically and areas reseeded as needed 7 D, Landscaping and Seeding. 1. All areas to be restored,except berms as described above, will be fertilized and seeded to legumes and perennial grasses. MN-DOT seed mixtures No. 2 and 13 will consist of rye for quick ground cover and perennial ryegrass, alfalfa and field bromegrass for permanent ground cover. 2. Upon replacement of the topsoil,legumes,grasses or other ground cover, similar to Minnesota Department of Transportation Mix No. 2 and 13 referred to above,will be planted upon such areas in order to avoid erosion. Berm, stockpiles, drainage channels and setback areas will be seeded and/or planted within 15 days after completion of final grading. 3. The Operator will be responsible for final grading and reseeding of all reclaimed land unless development is pending; in which case, the grading and reseeding will be in accordance with the approved development plan. Seeding dates shall be between April 151 and September 15t. Additional seeding dates may be approved in the annual excavation permit. On slopes greater than 6%, disk anchored straw mulch may be used. Soil erosion fences, bales, dikes or combinations thereof may be used at the base of slopes greater than 12%until they are established by vegetation. 4. Trees and shrubs will be planted on the side slopes in final stages after the permanent side slopes are established. The size, species,location and quantities will be reviewed with the City as a part of review of final restoration. E. Setbacks. 1. Mining operations chill not be conducted closer than 30 feet to the boundary of an adjoining property line unless the consent of the owner in fee of such adjoining property is first secured in writing. 2. Mining operations shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street,road or highway,except that excavating maybe conducted within such limits adjacent to any boundary in order to reduce the elevation thereof in conformity to the approved grades or existing or platted street,road or highway or to create a berm 8 F. Storm Water Management.Storm water runoff within active mining areas generally flows to the lowest point in the open phase and infiltrates into the ground_Due to the granular nature of the soils encountered in a gravel mining operation,ponding for an extended amount of time does not occur. Diversion berms are constructed as required to minimize runoff generated in area adjacent to the phase being actively mined from entering the mining area_ G. Erosion Control and Slone Stabilization. Operator shall employ erosion control and slope stabilization methods as follows: 1. Side Slope.The steep side slopes (greater that 3:1),which are created along the perimeter of a completed mining area,will be stabilized and seeded.Final side slope(4:1) as illustrated on Exhibit 4 will be established when mining is completed At that time vegetative planting will be established as previously described. 2. Restoration Seeding. Graded or mined areas will be restored as described in the Land Rehabilitation section of this report. 3. Maintenance of Vegetation.Areas that are vegetated will be maintained by weed control,periodic mowing when vegetation height exceeds twelve-inch(12")growth and reseeding where growth did not occur. All exposed areas will be stabilized in order to control erosion.Side-slopes in the central processing area will not be seeded'unless there is no other means to maintain these slopes. Other areas will be seeded in order to control erosion as described,i.e.berms restoration areas and restored side slopes. In this manner reasonable erosion control can be attained_ H. Water Pollution. The Operator will comply with all Minnesota DNR and Pollution Control Agency regulations and U.S.Army Corps of Engineers and Environmental Protection Agency regulations for protection of water quality.No waste product or process residue,including untreated waste wash water,will be deposited in any lake,stream or natural drainage system except ponds wholly contained within the excavation site.All human waste materials shall utilize a satellite toilet facility,which shall periodically be pumped. Hours of Operation. The hours of operation shall meet the provisions of Section 155.291,Subd.(C)of the City Code; except,that the operator may request a special permit by the City Council for additional hours for a specified time when warranted for a specific project. 9 Hours of operation for excavation,processing and truck hauling,which may be amended by the City Council in the conditions attached to the conditional use permit,shall be as follows: 1. Areas less than 3.600 feet to residential areas. The maximum hours of operations for excavation,processing, except concrete and asphalt processing,and truck hauling equipment in a sand and gravel district where these activities are located closer than 3,600 feet to the city's,or an adjacent city's,developed or zoned residential property which existed prior to the effective date of this chapter and zoning map amendment,shall be 6:30 a.m. to 5:30 p.m.,Monday through Friday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 2. Areas more than 3.600 feet from residential areas. The maximum hours of operation for excavation,processing, except concrete and asphalt processing,and truck hauling equipment in a sand and gravel district where these activities are located farther thati 3,600 feet to the city's,or an adjacent city's developed or zoned residential property which existed prior to the date of this chapter or map amendment, shall be 6:00 a.m.to 6:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 3. processing and mixing extended hours. The maximum hours of operation for concrete and asphalt processing and associated truck hauling equipment,not excavation or crushing,in a sand and gravel district wherein the processing equipment is located in a centralized location and within an enclosed processing building shall be 5:00 a.m_to 10:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. J. Traffic Management.Track traffic will only ingress and egress from the site from the driveway access to County Road 42 at the Johnny Cake Ridge Road intersection. K. Fencing.No fencing is planned except security gate fencing as determined to be necessary by Operator or such other fencing as may be required by the City of Apple Valley. L. Signs.The only sign shall be the identification sign at the entrance to the property along County Road 42. 10 M. Weed Control. Weeds and other unsightly or noxious vegetation will be controlled by periodic mowing and/or spraying. Existing trees and topsoil along existing public right-of-way will be maintained unless otherwise approved by the City, N. Fuel Storage. There will be no fuel storage on any of the 160Th Street Property. Fuel storage shall be limited to the existing site adjacent to the Maintenance facility as shown and noted on Exhibit 2. O. End Use Plan. The purpose of the End Use Plan is to guide the mining and reclamation of the site in a manner that will be consistent with the ultimate development of the area. The End Use Plan provides a basis for the grading, drainage and utility plans. Attached hereto as Exhibit 4 is the new End Use Grading Plan. In other respects, the owners and operators will cooperate and coordinate end use grading with the City and adjacent property owners. P. End Uses. No specific end uses are proposed at this time except for Commercial/Industrial uses along County Road 42 within the 525 feet that will remain generally consistent with existing elevations. The remaining mined area may be developed with a variety of land uses to be determined over the next several years. The owner will cooperate with the City in planning for end uses for the subject property. Q. Public Utilities. The owner will cooperate with the City in planning for public utility service after mining and restoration are completed. R. Required Permits. 1. Annual Excavation Permit. An annual excavation Permit shall be obtained in accordance with the provisions of the Apple Valley City Code. 2. Building Permits.Building permits shall be obtained from the City for any structure requiring a permit under the Minnesota Uniform Building Code. 3 MPCA Air Emission/Storm Water Permits.Permits from the Minnesota Pollution Control Agency(MPCA)have been obtained for an"Air Emission" permit for a Sand and Gravel Quarry and Air Pollution Equipment according to MN Statutes Chapters 115 and 116. A permit has been obtained from the MPCA for storm water ponding. 11 4. Sign(s)Permit. Sign(s)permits shall be acquired from the City for any business identification, sales or advertising signs as regulated by the City Code. 5. Special Permit(City).Permits for additional hours of operation,if requested and approved by the City Council shall be obtained. S. Pipeline_There are fuel pipelines(Magellan)running north south along the western property boundary of the site.There are also lines running east west between the Seed site and the 1601 Street property line,and east west along the western boundary of the site and on the adjacent property to the south and along the west boundary of the subject 242 acre mining site.The operator will maintain an appropriate slope and setback from these pipelines during mining. T. Additional Operational Controls.There shall be no blasting for mining operations. 12 EXHIBITS 1. General Location Map 2, Mining and Processing Area 3. Mining and Restoration Phasing 4. End Use Grades 3 • :. arlriPr. 7. '",„! ' 1 ••"11' `Ai, _ 11 :•-• . .7''."--4,:...-5- -A- '. 4-41- • - -.• 1.11.4 i j 1 L..„..„ _. j -±:Ji„. „1/4.4. := 474 1.5 Jilif . -• . ., .. r:„:..-:, _, i, ..To I !1-.....-,1 . .11... Ut G•t' ,:. t;.U.' •4_, :' .... : -•Luum.uktum:,...,-,...,:..._. 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":rl' .. -..y Tom'-�-','',,.'....'- '4.%2�..n..} _rS s «..E ? . - lY x ce •+4'!- :'t n.{ r ttn1�.•^''ii..._j . --fi�gg - .t •,rr•; ip Itt . :.•'-• .-•'.',may =7"a�7:. :' • ,. �:... ' .- � i4 ,._. ,. ;r ,=3 j`'' . }1i,; . ,F� €am . -- as Y. .r , Eli r- - d • • i �--iY�.rwatS'ElMmmMUte)IatauMUM&of/40am.ziOrrieRnessarmr.cwitP►xa om J ��.f � '—"■ ki...;,r N'rr• .I"'S- •*; �4:.:r.:_4..:rn•.-_..•- AtNirdifil 31cm'+s.dualxcrotimaiw0.10gielatkAuEnrwntoKammOPr+crrenlam*gay. . f- �t,.,Ll+ lxo nr. rieW 'river ..:.: . `.�=w�..........- J I a,1••'�j(1�3 ••�. I w�N•T++awfYw��r • Or ��'+..� ..`.eu�nwV.ea rurs .1 w —..� Pbni rt Rune 4 Am! _ro- r r •�rw ,i T-- I 14 J�,‘ Tin I FISCHER ' id*i 6121114 • SAND AND • AGGREGATE I a "•I puma Oki Mal 1011411i1 }a i ACIPAIN This r11 Ta,e ,l nr�fl vnur� 1 kinlinrAroliOn - MINNNESOTA 1_is I 4� . ,.. ...". i (r) `Ir i • H [ ' g ............ �1 - _ �.` IIrF I:ias/•AlY1P.iRwla�_ r�-� 1 FUTURE 167rd SIRElaillie- ' ~� ...„__ • 1� F � �.1 l }� RwM7 n..r� . I \^la�� rm..P++IIF�Iem tr r• t„�u�r ••• a.it un'o �,x, J ti \:zN GSf FU7URF 167i -^ """' �Aur1 . t lY r.. "Fr .ednrfnMitid1PrZfli, - r...w.. I RYsrri I "� FcdM•prnr rfll'Mlt • y Peddapd 'r'•P elf r fRuuls •..• Rtlrrrim CLlP y �2 MINING ANU Ij ( RE57ORAT1ON PHAStNO Hoof efWEa t ' EXI11R1T 3 •.+ter.— .....,. .....,__.,."r..... ...... — -- - • ' .... . • •• 1 is I i lir--- 'V--.'4, i!.[ , , . . ,. -•. . 1.14.1••• ,••••:1 I, • il • '... 1. .. .- J --. -...... ---...,-_-am.• _ Av.. _,, .. _ • • -- ill17-.46. _,—.. 'F'''' - • .:' all t .___1 ----4••• —•i•----- )' 9 ..ij • .: '-- -,- ....-- ;.o • ....',.! .. • •'.^ ' ) - i t..•-"" _ . Ail- !LI PO FISCHER 1 .."'-------- __. -- .- - sp.,'p,....16%,..D.•11i F'''.-.---- zati SAND AND cm g .c10•10,V1/01/11111.14 SKIPplaip •er 14e,lite • RV,' i 11' IllpikiLi... .—.0.. g .1., ..% ...... . ....0,.. . .. 1 .r.,- AGGREGATE --- ...,,, _ ..............\\.: • --. .mii........—...... 1 ...a.01.0..1.•0.1°IS. .;.re.:iravik . — . APPLE VALLEY MINNESOTA P i-t 1-3 . • ------:„...., li -11--/ 44....... • '44 21" .::4,... ..... e, . = \ .tti . _ -'4 1111 iii lir" I • ••..1.41:r.m. .....1. N•Pf I . ! 1 •• -...t... — • -.L: FUTURE 163111_1U II''d'i .j././/..-'•••2 /. '-'4'. - ii •v--4- - + L.............— _ .•.. i 4 - L.• r II :.;.3 L •• 12.WIPil• :ILI .7•?6t=r.-=-41. i.;--5iF4'44,T."--\ 7----- CI a mr. -.....- Mc ........6.1 1.O.Id Klee.=d...•••••er YE..., ........•I.MK ,ir 461•AME/1•6061 . ''',......944.7.+Cal=1.1.Mr="Ari.= ....,- - ••- •---- r• '414---_-_--L.. .....••• 47 ../V --..... ..., . ......... 1 •• FU TUR I 571•• ..._----".." __-----_ --- ......... ---...-. ,__ 1----- ----.131-<-1. ' ti - i (-Anvo ?‘iT•taaa I AP- I I KS I piton:aka row 1 i I ezi:Sre .r.r. .....,..__ .......r...........:.,i____.._- CUP 1 I II I ) . - ENRAO USE 1 .12 GDES A, r \rmi/-- I 1\ lirralli I - 11001 TRW_ .1 - EXHIBIT 4 • I .• • CITY OF APPLE VALLEY RESOLUTION NO. 2006-229 A RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR SAND AND GRAVEL MINING OPERATIONS AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances,zoning regulations to control land uses throughout the City;and WHEREAS,said regulations provide that provide for sand and gravel mining operations may be allowed within the confines of a"SG"(Sand and Gravel)zoning district and in accordance with specific performance standards,as a conditional use;and WHEREAS,approval of an amended Conditional Use Permit for sand and gravel mining operations has been requested by Fischer Sand and Aggregate,LLP; and WHEREAS,review of such an amended Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that a Conditional Use Permit for sand and gravel mining operations within a"SG"(Sand and Gravel)zone be approved subject to the following conditions: 1. The amended Conditional Use Permit shall provide for operations to be conducted in conformance with and upon property as described within the document titled: Fischer Sand and Aggregate,LLP 2006 Amendment to the Seed Property Conditional Use Permit City of Apple Valley 2. The Conditional Use Permit may be revoked for cause if the terms contained within the document referenced in(1)preceding are not adhered to. ADOPTED this 21st day of November,2006. an yor Attachment 1 ATTEST: �� Pamela J.Gac Letter, City Clerk CERTIFICATE I,Pamela Gackstetter,Apple Valley City Clerk,hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on November 21, 2006,the original of which is in my possession, dated this day of _ , 2006. Pamela J. Gackstetter, City Clerk 2 • 2006 AMENDMENT TO THE SEED PROPERTY CONDITIONAL USE PERMIT RECITALS WHEREAS, Fischer Sand & Aggregate LLP, a Minnesota limited liability partnership ("Owner") is the fee owner of the two parcels of real property with PID numbers 01-03500- 011-03 and 01-03500-010-25 which real property is legally described on Exhibit "1" attached hereto and incorporated herein("Seed Property"); WHEREAS, Fischer Sand and Aggregate, LLP or its affiliated companies ("Operator") intends to mine and excavate certain portions of the Seed Property as set forth on Exhibit "2" attached hereto and incorporated herein; WHEREAS, whenever the term "Operator" is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property; WHEREAS, certain terms and conditions regarding the mining of the Seed Property and those other properties owned by Owner and Operator are contained in the Revised Fischer Report, which report is attached hereto and incorporated herein as Exhibit "5" ("Revised Fischer Report"); NOW THEREFORE, subject to the terms and conditions set forth herein, the City of Apple Valley does hereby grant this conditional use permit for the mining of sand, gravel and other mineral deposits on the Seed Property("CUP"). TERMS For the interpretation of certain words and phrases under this CUP,the following shall be given the meanings identified: 1. Reclamation, Restoration and Rehabilitation. For purposes of the CUP, reclamation, restoration, and rehabilitation is a process, involving the individual components as hereinafter described, which is necessary to make the Seed Property, suitable for development consistent with the Apple Valley Comprehensive Guide. a. Reclamation/Reclaim — The filling, through the placement of clean fill or other suitable material, on any portion of the Seed Property, as necessary, to raise the grade of the property to an elevation as set forth in the Comprehensive End Use Grading Plan, attached hereto and incorporated herein as Exhibit"4". 1 b. Rehabilitation/Rehabilitate — The providing and use of a suitable sub- surface material to support public infrastructure and utilities and streets necessary to allow the Seed Property to be developed in a manner consistent with the Apple Valley Comprehensive Guide Plan. c. Restoration/Restore — The placing and spreading of sufficient topsoil (a minimum of 4 inches in all areas) upon the Seed Property, or any portion thereof, and the stabilization of the topsoil through the use of a vegetative cover, as approved by the City. 2. Mining Season. For the purposes of this CUP, a mining season (i.e. mining or excavation) shall consist of the duration of a calendar year between approximately April 15 and November 15,depending on weather conditions. 3. Stockpile. For the purposes of this CUP, a stockpile consists of the accumulations of material, of any nature, in such manner so as to exceed 8 feet in height as measured from the lowest point of the ground surface within a one hundred foot (100') radius from the apex of the stored material, the points of which are determined by the City. A berm established to provide a visual, noise and dust screen shall not be considered a stockpile. 4. Conflict of Terms. To the extent that the terms, conditions and references contained in the Revised Fischer Report, as identified hereafter, do not conflict with the CUP or the City's Code of Ordinances,the meanings contained therein are expressly adopted in this CUP as though originally set forth herein. Any conflict between this CUP or the City's Code of Ordinances and the Revised Fischer Report shall governed by this CUP. Notwithstanding the foregoing, the City shall be permitted to broadly interpret this CUP, the City's Code of Ordinances and the Revised Fischer Report in a manner that best promotes the public, health, safety and welfare of the City. CONDITIONS I. Compliance with Plans_ The Operator shall comply with the standards and requirements contained in the following plans: a. Noise Control Plan(contained in the Revised Fischer Report); b. Dust Control Plan(contained in the Revised Fischer Report); c. Landscape and Seeding Plan(contained in the Revised Fischer Report); 2 d. Storm Water Management Plan(contained in the Revised Fischer Report) e. Erosion Control and Slope Stabilization Plan(contained in the Revised Fischer Report); f. End Use Grade Plan(attached hereto and incorporated herein as Exhibit 4); g. Phasing Plan(attached hereto and incorporated herein as Exhibit 3); h. Reclamation,Restoration and Rehabilitation Plan(contained in the Revised Fischer Report). Operator shall further comply with all other performance standards as contained in the document entitled Revised Fischer Report 2. Compliance with Permits, Approvals and Licenses. Operator shall obtain and comply with all necessary approvals, permits and licenses from the City of Apple Valley; Dakota County; Minnesota Pollution Control Agency; Minnesota Department of Health and any other regulatory agency affected by or having jurisdiction over the gravel mining and excavation of the Seed Property ("Project"). All costs incurred to obtain said approvals, permits and licenses and all fines or penalties levied by any agency due to the failure of the Operator to obtain or comply with the conditions of such approvals, permits and licenses shall be the responsibility of the Operator. Any default or violation of the approvals,permits,or licenses required in connection with the Project shall be a violation and default under this conditional use permit. The Operator shall indemnify, defend and hold the City of Apple Valley harmless from any action initiated by a regulatory or governmental agency due to a violation or default of any approval, ordinance, City Code,permit or license,which results from the operator's actions or failure to act. 3. Compliance with Laws. The Operator shall comply with all other laws, regulations,permits or licenses,which may apply and/or are issued in connection with the operation of the Seed Property. The Operator shall further comply with any and all requirements of the City Code for the City of Apple Valley,however, if the City Code conflicts with the terms of this CUP,then this CUP shall control. 4. Use of 160th Street. Operator shall not use 160th Street for traffic in connection with any mining activity on the Seed Property. Operator shall use conveyors or other methods of transporting any mining material to other properties owned by Owner or Operator so that 160th Street will not be used in connection with any mining or excavation activity. 6. Excavation Permits. The Operator shall obtain an annual excavation permit(s), as set forth in the Apple Valley Code of Ordinances in connection with any area of the Seed Property where the earth is to be disturbed. With the application for the 3 annual excavation permit, the Operator shall submit a plan depicting what and where activities are anticipated to occur within the following 24-month period from the date of the application. The submission of such plan does not grant the Operator any additional rights to excavate or mine any area beyond that area permitted under an excavation permit. Operator shall not be permitted to mine,excavate, or disturb the earth on any portions of the Seed Property not expressly permitted in the annual excavation permit. 7. Conditions of Operation. a. All mining of material, transporting of material by conveyor to the processing area and any other operations on the Seed Property, other than what occurs within the central processing area as illustrated on Exhibit 2 shall be conducted during the hours as set forth in Paragraph 6(l) of the Fischer Report. Notwithstanding the terms of this paragraph, upon written application to the City by the Operator, the City Council may permit an extension of the hours of operation as set forth in this paragraph, subject to noise and air pollution control measures and additional terms and conditions as determined by the City Council. b. All operations within the central processing area,as illustrated on Exhibit 2, shall be conducted during the hours as set forth in Paragraph 6(I) of the Fischer Report. For purposes of this subparagraph, the loading and hauling of stockpiled material shall be considered operations within the central processing area. Notwithstanding the terms of this paragraph, upon written application to the City by the Operator, the City Council may permit an extension of the hours of operation as set forth in this subparagraph, subject to noise and air pollution control measures and additional terms and conditions as determined by the City Council. The notice application to the City must include the dates and times in which operations will be extended beyond the hours set forth in this subparagraph. 8. Blasting. The Operator shall not blast,with the use of dynamite or other explosives, for the purposes of excavation,mining operations or any other purpose. 9. Mining on the Property. The Operator shall only excavate, for the extraction or mining of material,those portions of the Seed Property identified for such purpose as set forth on Exhibit"2". 10. Completion of Minna. Once the Operator has finished and restored a phase,that phase may not be reopened for any mining activity, except as approved by the City within an annual excavation permit. 11. Importing of Material. No material including sand, gravel or mineral deposits of any nature, whatsoever, shall be imported to the Seed Property except as expressly 4 approved by the City. Notwithstanding the foregoing, Operator may import up to a total of one hundred thousand (100,000)cubic yards per year of landscape material (e.g. white rock) and/or additives (e.g. silica sand,trap rock, limestone)required for special orders. Operator is further authorized to import clean fill and topsoil necessary for the reclamation,rehabilitation and restoration of the Seed Property. 12. Stockpiling. All stockpiling of material and/or minerals, except topsoil and clean fill, shall be located in the central processing area of the Seed Property or as approved by the City in connection with the annual excavation permit. Except as may be expressly authorized herein, no stockpiling of materials or minerals shall occur on the Seed Property without the prior approval of the City in the annual excavation permit. The Operator shall be responsible to mitigate any adverse effects that result from the pulverizing of black dirt, including the use of watering or relocation, if the City notifies it of the receipt of complaints. Failure of the Operator to successfully mitigate the adverse effects shall be grounds for revocation of this permit. 13. Dust Control. The Operator agrees that in order to control dust, it will do additional watering as requested by the city Public Works Director. Such requests may be made orally and the Operator agrees to implement the additional watering within one-half(1/2)hour of the City's request. The Operator agrees that should the City determine, at its sole discretion, that the Operator has failed to adequately implement the additional watering necessary to control dust,the City may proceed to enter upon.the Owners' property, which license is expressly granted herein, for the purpose of watering the property to effectuate dust control. The Operator and Owner agree to pay any and all cost born or incurred by the City for watering and agree to pay the city within 30 days of invoice, thereof. The Operator and Owner further agree that upon failure to pay the invoice, that all amounts reflected in the invoice shall be certified as a lien against Owner's property and be due and payable in connection with the taxes thereon. 14. Restoration. Owner shall reclaim, rehabilitate and restore the Seed Property in accordance with the phasing plans and reclamation, rehabilitation and restoration plans, as set forth in the Revised Fischer Report and Exhibit 3 attached hereto, and on or before the dates set forth in the phasing and reclamation, rehabilitation and restoration plans. Operator's reclamation, rehabilitation and restoration shall comply with the Comprehensive End Use Grading Plan as set forth on Exhibit 4 attached hereto and incorporated herein. Upon request by the City, Operator shall provide a report prepared by Braun Intertec and Probe Engineering and Sunde Engineering regarding the reclamation, rehabilitation and restoration of all Fischer Properties covered by any CUP in the City. The report shall include all soil composition reports and other information to ensure proper reclamation, rehabilitation and restoration of said properties. 5 15. North 525 Feet. Upon the issuance of an excavation permit from the City in connection with the north 525 feet of the Seed Property, Operator shall have ten (10) months in which to grade, rehabilitate and restore any five (5) acre portion of the north 525 feet covered by the permit, all in accordance with the End Use Grading Plan and the Phasing Plans attached hereto as Exhibit 4 and Exhibit 3 respectively. Except as expressly set forth herein, neither Operator nor Owner shall grade, rehabilitate or restore any portion of the north 525 of the Seed Property at any time without the prior approval of the City. Upon completion of the reclamation, rehabilitation and restoration of the north 550 feet of the Seed Property but prior to the development of any improvements thereon, the Owner or Operator shall install adequate berming, as determined by the City,to buffer the impacts of excavation upon the anticipated development. 16. Default. Default is the failure by the Operator to observe or perform any covenant, condition, obligation or agreement to be observed or performed by it under this CUP, within thirty (30) days after delivery of written notice from the City. The written notice must specify to a reasonable degree the problem, and request that it be remedied. The Operator shall have a period of thirty (30) days from the date of the delivery of such notice to correct the problem. Upon request by the Operator, the City may agree in writing to an extension of the 30 days period, prior to its expiration, for such longer period as may be reasonably necessary to remedy such problem, provided that the Operator is proceeding with reasonable diligence to remedy the same. 17. Remedy. a. Upon the occurrence of an uncured default, the City Council ("Council"), following a public hearing, with notice of the time and place of hearing being given to the Operator, may terminate this CUP. b. Termination of the CUP shall not occur earlier than ten (10) working days from the time that written notice of termination following Council action is received by the Operator.Notice to the Operator shall be served personally or by certified mail at the address designated in this CUP. Such written notice of termination shall contain the effective date of the termination,the nature of the violation or violations constituting the basis for the termination, the facts which support the conclusion that a violation or violations has occurred and a statement that if the Operator desires to appeal, it must be within ten (10) working days, exclusive of the day of service, that the Operator file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and he served personally or by certified mail on the City by midnight of the tenth (10th)working day 6 following service of the notice of termination. Following receipt of a request for hearing,the City shall set a time and a place for the hearing. In the event a hearing is requested by the Operator, termination shall be stayed until written notice of the Council's action following the hearing has been received by the Operator. HEARINGS: (1) If the Operator requests a hearing on termination of the CUP, such hearing shall be held before a hearing examiner as provided below, and shall be open to the public. (2) Unless an extension of time is requested by the Operator in writing directed to the City and is granted,the hearing will be held no later than forty-five (45)calendar days after the date of service of request for hearing, exclusive of the date of such service. In any event, such hearing shall be held no later than sixty (60) calendar days after the date of service of request for a hearing, exclusive of the date of such service. (3) The City shall mail notice of the hearing to the Operator at least fifteen (15) working days prior to the hearing. Such notice shall include a statement of the time, place and nature of the hearing. (4) Hearing Examiner: The Council shall request appointment of an Administrative Law Judge from the Office of Administrative Hearing to conduct the hearing and to make findings of fact, conclusions, and recommendations to the Council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the Council in a written report. The rules of the Office of Administrative Proceedings will apply. (5) Conduct of Hearing: The City and the Operator may be represented by counsel. The City, the Operator, and additional parties, as determined by the Council or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to conduct discovery, respond to and present evidence, cross-examine witnesses, and present argument. The hearing examiner may also examine witnesses. (6) The City shall have the burden of proving its basis for termination by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of facts, conclusions, recommendations, and decisions by the council shall be based on evidence presented and matters officially noticed. (7) All evidence, which possesses probative value, including hearsay, may be admitted if it is the type the parties are ordinarily accustomed to rely on in the conduct of their affairs. Evidence, which is incompetent, irrelevant, immaterial, or unduly repetitious, 7 may be excluded. The hearing shall be confined to matters raised in the city's written notice of termination or in the Operator's written request for a hearing. (8) At the request of the City, the Operator, or the hearing examiner, a pre-hearing conference shall be conducted by the hearing examiner. The pre-hearing conference shall be held no later than five (5)working days before the hearing. The purpose of the pre-hearing conference is to: (i) Clarify the issues to be determined at the hearing. (ii) Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner or City's representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. (iii) Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known,the party shall describe them thoroughly by job duties and involvement with the facts at issue. (9) If a pre-hearing conference is held, evidence not divulged as provided above may be excluded at the hearing. (10) If the Operator fails to appear at the hearing,it shall forfeit any right to a hearing before a hearing examiner. (11) The Operator has the right to seek judicial review of the findings of fact, conclusions, and recommendations of the hearing examiner, as well as decisions of the Council, both prior to and subsequent to the hearing. 18. Notices.Notices given pursuant to this CUP shall be personally delivered or sent by certified mail to the City of Apple Valley, attention City Clerk, 7100 W 147`1' St., Apple Valley, MN 55124; and to the Operator: Attention: Peter Fischer, 14698 Galaxie Avenue, Apple Valley, MN 55124. All notices shall be effective upon delivery or deposit in the United States Mail. 19. Approval and/or consent of the city. Unless otherwise stated for purposes of this Permit the use of the terms "approval of the City" or "consent of the City" shall mean the approval by the City Council. 8 20. Des4nee. From time to time, the city shall designate an individual as its designee to carry out the rights and obligations, wherever applicable, as set forth in this CUP. 21. Indemnification. The Owner and Operator shall indemnify and hold the City, its officers, and employees harmless from and against all claims, suits, actions, fines, damages or liabilities, and all costs and expenses related thereto (including reasonable attorney's fees) arising out of the issuance of this CUP. 22. Survival. The obligations of Owner and Operator to indemnify the City as set forth herein shall survive the termination of this CUP. 23. Assignment. The Owner and Operator shall give the City written notice prior to the change of ownership of any of the parcels constituting the Seed Property, and prior to the assignment of the rights or obligations under this CUP. 24. Interpretation, In any challenge of the provisions of this CUP, the interpretation of the provisions shall be liberally construed to protect the public health, safety and welfare. When the terms of any law(s),regulation(s),permit(s)or license(s) conflict, the stricter law, regulation,permit or license shall apply,unless preempted by a state or federal law or regulation. 25. Amendments. Any changes in the provisions of this CUP, requested by the Operator, require the express written consent of the City Council. The City may amend the CUP in accordance with the City Zoning Ordinance. 26. Severabilitv. If any provision of this CUP is found to be invalid, such fording shall have no affect on the validity of the remainder of this CUP. 27. Binding Effect. This CUP shall run with the land and shall be binding upon the heirs, successors, administrators and assigns of the Owner and Operator. This CUP shall be recorded with the Dakota County Recorder's Office. 28. Waiver. The waiver by the City of Apple Valley of the enforcement of a violation of any condition contained in this CUP shall not constitute a waiver of the enforcement of any other term or condition set forth in this CUP. 29. Violation- The violation of any term contained in this CUP is a criminal misdemeanor. 9 CITY: OWNER: CITY OF APPLE VALLEY FISCHER SAND AND AGGREGATE LLP, a Minnesota limited liability partnership f i I ltik. ki c tik/4,-1 By ann- oland By:Peter Fischer Its:Mayor Its: Managing Partner �� OPERATOR: By: Pamela Gackstetter FISCHER SAND AND AGGREGATE, LLP Its: City Clerk gitia '��� .�J1( VH �,4_, By: Peter Fischer Its: Managing Partner STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA) On this f` I- day of -D al2.-r►r.-1 -) ,2006,before me a Notary Public within and for said County,personally appears 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 City 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 de d of said municipality. 1-41-4.- fita/Ifity„, tary Public C. JOANNE H.MURPHY y ," NOTARY PUBLIC-MINNESOTA ''r.;:.. My Canmissio,balm,Fan 31,2fl10 10 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) On this 0- day of_ `` S4 ' , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known,who being duly sworn,did say that he is the Managing Partner of Fischer Sand and Aggregate, LLP, a Minnesota limited liability partnership in the foregoing instrument, and that said instrument was signed on behalf of said partnership by authority of its Board of Directors ackn wild e1i • e act and d- , of the partnership. ` ,1ElyNtiF�R�Ii4Mp$QN � 4 i 11:41 r PUg l N�Sor r� Public My Commission°CAreurlypfxliu s lam.35.201� `� otary y./�.!✓l�lll11.�111.1�ljl!lr�l� l STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA) On this ICJ ' ' day of '\..) , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known, who being duly sworn, did say that he is the Managing Partner of Fischer Sand and Aggregate LLP, a Minnesota limited liability partnership in the foregoing instrument, and that said instrument was signed on behalf of said partnership by authori of its Partners acknowledged to be the free act and deed of the p ership. . JENNIFER THOMPSON S N y Public NOTARY PUBLIC-MINNESOTA \ 1 �r My Commission Expires Jan_31.2010 �-.ri_ .r rll.crrr�x-r lrs-xr 11 — - EXHIBIT 1 Legal Description West one-half(W Y2) of the Northeast Quarter(NE 1/<)of Section 35,Township 115,Range 20, except that portion platted as Cooperative Addition,Dakota County,Minnesota. and Northwest Quarter(NW'A) of Section 35,Township 115, Range 20,Dakota County, Minnesota. 12 1-11 =-7 .,47 . __,,s...,4 •a . '1 -, .-1 a PT' i i sV:S ,;fig:... �,+ , I ;i : '.;' . 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Wig: - Y'''', ...!i r.. :. ` •.! .•r i - _ .L'..54•-! 'll. 1� _ S Gy-'. • .. .t -H• f • k F:— :3 cud {.. 1� • • ... �q}{ E� ;,,*NP'a ➢mr 7.,3F- .0,..-i-_ 'r a3; .r-1j:.' J' • - 3 • : 'g• "ir�.l ..:erm,....., ... ..— ,�3:�.i -•'+ :: fe:_s.�..."• •_ fr 1. EXHIBIT 3 Phasing Plan See Attached. 14 • • AVikalnWAR4ioIMAATo Arc Ca:tiTliutmaliutaWMALPk3eO Na ouSscsa rourivacatm r x 11,1 :r ' :f �' 1_,1Lq,Irs.. , . cAt.to • II `� �a TyuaP —.' .� Raul • c r : . 1 .Bll - . ilk .��e a.1l Phu 1 FISCHER ' 31I15 moil.langd t.i SAND AND 11 I � I I,� AGGREGATE i � •1 • Mlai Phial PAMMil701/40ls i PnTxl ;' 1 MM I APPLE VALLEY Ury;A ell1-lolS Aqn lliwatei011 . o MIINNESOTA 01 F\ — El fi: 1 _ --- ! Nillili:�ffTFF_1 ie I FL/TURF 153rd ITRE� W ma r1. �� R I7 1144 ` 6 xP°dl�',� o troxol 1 I 1 ,K d"a»•o. .�..d �� I i 11 1. e�msern.:wn mY.ryrc.�vs.w.ror w 1 �` iI FUTURE Sd78 .r_ iv .N. ...P_ • ti1� S.W.Ri mwrdllmR I 1 �«. 1 i - I . CUP ►e.a T • I kWllan MINING AND ! RESTORATION • x 1 Y NPHASING uvh smrT EXH 161T 3 . EXHIBIT 4 Comprehensive End Use Grading Plan See Attached. 15 • • I t.r:. 1.1:::"... •V r .,i i'''t'AIIII 1 tf 1 , -. P ' FISCIdER A 11 ...ro,rKr.Msown _ = ,,� SAND AND I ' A• =.. .,..�_.... �` .,— i�4..�..=..,a „,,,,. . „�.,P AGGREGATE • f ! 4{ �� APPLE VALLEY 1' `�` r�.tpil4 .w..ww• aw.eu.so.w...' � 1'r,! luS[INNE591'A td 4\A 1 I. 1.1 i :11!.‘.. R.? WOOOLA I� • 1 . : FIE•4-41'm 1,...A.mi.. 1 17 4 pi.L __ 1 rak_. -�r� F17URf 1337d TR C'x •�• / 7 , c. . /.. ..... ...+ram_ i l �. I '� SIP E I Th_ .� i " r . gar.:..1 F 11 .. � 1I10PA ea VD " If CUP.-.• �. &WUILIr'« END USE _ f GRADES t6AthMEET A.L EXHIBIT W. EXHIBIT 5 Revised Fischer Report See Attached. 16 EXHIBIT "5" Revised Fischer Report Fischer Sand and Aggregate Co. Conditional Use Permit City of Apple Valley DEFINTIONS For the purpose of this submittal,certain terms or words used herein shall be interpreted as follows: 1. City shall mean the City of Apple Valley. 2. Central Processing Area shall mean that area,on Exhibit 2 where sand and gravel is processed. 3. Conveyor shall mean an electrical powered belt conveyor,which shall be used to convey sand and gravel material and black dirt (topsoil) from the mining area to the processing area. 4. CUP shall mean a conditional use permit(s),which may be issued by the Apple Valley City Council. 5. EIS shall meat the final draft of the Environmental Impact Statement for Consolidated End Use Concept for Sand&Gravel Mining Operations in Apple Valley. 6. Fischer shall mean Fischer Sand&Aggregate Co. 7. FSA Property shall mean that certain real property identified as the FSA Property on Exhibit"1" attached hereto and incorporated herein. 9. Maul Road shall mean the access road leading from County Road#42 to the central processing area as shown on Exhibit"1" 10. 160°i Street Property shall mean that certain real property identified as the 160th Street Property on Exhibit"I"attached hereto and incorporated herein. 11. Operator shall mean Fischer Sand&Aggregate Co. 12. Phase shall mean a sequence of mining that shall occur as mining progresses. 13. Pit Face shall mean the exposed aggregate slope toward which mining is to occur. 14. Seed Property shall mean that certain real property identified as the Seed Property on Exhibit"1" attached hereto and incorporated herein. 2 1.) Introduction. This report pertains to the Conditional Use Permits("CUP") for properties located in Apple Valley and designated for sand and gravel operations. 2.) Description of Operations. A. Overall Operations Exhibit "2" illustrates the overall mining and processing areas. Sand Sr. gravel deposits are mined and conveyed to a central processing area located on the Seed parcel. The Central Process Area includes a concrete ready-mix plant,crusher,screening and wash plant, sedimentation ponds, conveyors, scale house, truck parking, stock piles,pulverizing of black dirt, storage of ancillary equipment, water well and internal road network necessary for operations. B. Access Road Current access to the Central Processing Area is via Johnny Cake Ridge Road and County Road 42.This is a controlled intersection.All material removed from the properties will be transported from the Central Processing area, unless otherwise approved by the Apple Valley City Council. There will be no hauling of material from the properties onto 160th Street. An access road has been constructed from the truck maintenance facility to Pilot Knob Road. This access is currently used on a minimal basis. An 8" Magellan pipeline runs roughly parallel and just south of the existing haul road(future 153 St)off of Pilot Knob Road. C. Phasing/Staging Plan Currently, mining is completed east of Pilot Knob Road. Mining will subsequently move west of Pilot Knob. Mining will then move to the western portion of the site. The final phase of mining will be the northern portion of the 160th Street Property which consists of a ridge that provides screening of the operations area from residential land uses to the southwest. This portion of the 160th Street Property will be mined and restored within two mining seasons.The phasing of mining and restoration of the 160th Street Property,as well as the FSA and Seed Properties,is illustrated on Exhibit"3", 3.) Areas Adjacent to Borders.Screening berms will be established within the mining setback area of the 160th Street property when active mining progresses to•this area. The berms will be constructed with a maximum slope of 2:1.The screening 4 berms will be seeded and mulched to establish vegetation and maintained until removed as part of restoration of the mining area. 4.) Reclamation,Restoration and Rehabilitation.Reclamation will involve the restoration of areas exhausted of their aggregate reserves.Steps in sequence taken to achieve restoration include: 1. Grading and/or filling to the end use grades as set forth on Exhibit"4". 2. Respread topsoil to a minimum depth of 4 inches in all areas. 3. Seed and otherwise stabilize in accordance with the landscape plan contained in this report. 4. Maintain vegetation and re-seed where necessary. 5, Plant trees on slope as provided by landscaping plan. 6. All ground water or storm water storage areas resulting from excavation shall be rehabilitated in accordance with the provisions of Ordinance No.472 Section Al-48 (g)(6). Mining phases shall be restored by stripping topsoil from new mining areas and respreading over the phase being restored,or utilizing topsoil stored on site in the form of screening berms where mining activity is complete and screening berms are no longer necessary as determined by the City. 5.) The City of Apple Valley has adopted a City Stormwater Management Plan. As part of this Plan, outlet elevations for storm water leaving the City of Apple Valley and entering the City of Lakeville have been established in cooperation with the City of Lakeville. 6.) Performance Standards and General Provisions A. Noise Control 1. The maximum noise levels at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and U.S. Environmental Protection Agency. Any documented violations reported to the operator will be corrected/mitigated by the operator within 15 days of written notice. Methods set forth in the EIS will be utilized in controlling noise in berms, distance, screening of operations and similar methods. 2, The Operator shall use a conveyor system to move material from the pit face(s)to the Central Operations Area to reduce noise that would otherwise be generated daily by trucks hauling material 5 within the site. Mining shall be carried out towards the perimeter of the sites so that the mine face provides additional topographic shielding of the operations. B. Dust Control. Reduction of dust generation can be achieved by Operator implementing the following operational procedures: 1. Conduct stripping operations as quickly as practical. This includes removing all of the topsoil to expose the underlying sand and gravel with reduced dust production potential, and stockpiling the topsoils. 2. All efforts shall be made to attempt to schedule stripping operations in areas adjacent to sensitive areas during cooler months when the windows of nearby residents in the area are more likely to be closed. 3. As areas of mining are completed, they shall restored and prepared for development. 4. The Operator shall use all efforts to minimize erosion of topsoil will further reduce dust production at the site. The following measures will be taken to reduce dust generation due to vehicular movement: • The access road off County Road 42 to and from the main operations center will be paved for a minimum of 300 feet from County Road 42. • The gravel portion of the main haul road, secondary haul roads and traveled portions of the operations area will be watered daily during the mining season unless it rains in excess of 0.02 inches in a given day. Water trucks will be available on-site throughout the mining season to insure the availability of sufficient watering of the haul roads. 6 • If there should be a particularly dry and windy day during the mining season during which the City believes more frequent watering is necessary, the City may request the operator to perform additional watering ,Df the haul roads. The operator will have sufficient watering trucks and personnel available to comply with an increased watering schedule as may be requested by the City. • The general setting of operations will be recessed and perimeter berms,which will act to trap a portion of the dust generated within the site,and prevent it from migrating beyond site boundaries_ ▪ Operator shall use a conveyor to transport the majority of mined sand and gravel material from the pit face to the Central Processing Area, Minnesota Pollution Control Agency Guidelines. The site will operate under an Air Emissions Permit,The Minnesota Pollution Control Agency (MPCA)has not adopted any formal guidelines on.the control of fugitive dust in gravel mining operations.Fugitive dust control is addressed by the MPCA as part of their Air Emissions Permit,which must be secured for operations. Conditions of the permit are written specific to individual mining sites. Conditions of the permit will address dust control measures such as watering of haul roads as discussed above. The operator will comply with all conditions of the MPCA Air Emission Permit as issued. C. Berms. 1. Berms shall be established and maintained as follows: A berm will be constructed along the southwest mining setback of the 160th Street property. The berm will be established to provide a visual, noise and dust screen for mining.The berm shall be an earth berm. The side slopes shall be a maximum of 2:1 (horizontal to vertical slope). The slopes shall be planted with suitable vegetation to stabilize the slopes. The berm shall be maintained until ruining is completed on the 160th Street property. The berm may be removed as part of final restoration activities. 2. Berms shall be constructed at a maximum slope of 2:1. 3. All berms shall be stabilized as quickly as practical by applying seed and mulch and watering as needed to assure proper establishment of vegetation. Seeding and mulching will be performed within 15 days of completion of grading of a section of a berm. Berms will be inspected periodically and areas reseeded as needed. 7 D. Landscaping and Seeding. 1. All areas to be restored, except berms as described above, will be fertilized and seeded to legumes acid perennial grasses. MN-DOT seed mixtures No. 2 and 13 will consist of rye for quick ground cover and perennial ryegrass, alfalfa and field bromegrass for permanent ground cover. 2. Upon replacement of the topsoil,legumes, grasses or other ground cover, similar to Minnesota Department of Transportation Mix No. 2 and 13 referred to above,will be planted upon such areas in order to avoid erosion. Berm, stockpiles, drainage channels and setback areas will be seeded and/or planted within 15 days after completion of final grading.- 3. The Operator will be responsible for final grading and reseeding of all reclaimed land unless development is pending; in which case,the grading and reseeding will be in accordance with the approved development plan. Seeding dates shall be between April 15's and September 15t. Additional seeding dates may be approved in the annual excavation permit. On slopes greater than 6%, disk anchored straw mulch may be used. Soil erosion fences,bales, dikes or combinations thereof may be used at the base of slopes greater than 12%until they are established by vegetation. 4. Trees and shrubs will be planted on the side slopes in final stages after the permanent side slopes are established. The size, species,location and quantities will be reviewed with the City as a part of review of final restoration. E. Setbacks. 1. Mining operations shall not be conducted closer than 30 feet to the boundary of an adjoining property line unless the consent of the owner in fee of such adjoining property is first secured in writing. 2. Mining operations shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street,road or highway, except that excavating may be conducted within such limits adjacent to any boundary in order to reduce the elevation thereof in conformity to the approved grades or existing or platted street,road or highway or to create a berm. F. Storm Water Management.Storm water runoff within active mining areas generally flows to the lowest point in the open phase and infiltrates into the ground.Due to the granular nature of the soils encountered in a gravel mining operation,ponding for an extended amount of time does not occur. Diversion berms are constructed as required to minimize runoff generated in area adjacent to the phase being actively mined from entering the mining area. G. Erosion Control and Slooe Stabilization. Operator shall employ erosion control and slope stabilization methods as follows: 1, Side Slope.The steep side slopes(greater that 3:1),which are created along the perimeter of a completed mining area,will be stabilized and seeded.Final side slope(4:1)as illustrated on Exhibit 4 will be established when mining is completed.At that time vegetative planting will be established as previously described: 2. Restoration Seeding. Graded or mined areas will be restored as described in the Land Rehabilitation section of this report. 3. Maintenance of Vegetation.Areas that are vegetated will be maintained by weed control,periodic mowing when vegetation height exceeds twelve-inch(12")growth and reseeding where growth did not occur. All exposed areas will be stabilized in order to control erosion. Side-slopes in the central processing area will not be seeded Unless there is no other means to maintain these slopes. Other areas will be seeded in order to control erosion as described,i.e.berms restoration areas and restored side slopes.In this manner reasonable erosion control can be attained. H. Water Pollution.The Operator will comply with all Minnesota DNR and Pollution Control Agency regulations and U.S.Army Corps of Engineers and Environmental Protection Agency regulations for protection of water quality.No waste product or process residue,including untreated waste wash water,will be deposited in any lake,stream or natural drainage system except ponds wholly contained within the excavation site. All human waste materials shall utilize a satellite toilet facility,which shall periodically be pumped. Hours of Operation. The hours of operation shall meet the provisions of Section 155.291,Subd. (C)of the City Code; except,that the operator may request a special permit by the City Council for additional hours for a specified time when warranted for a specific project. 9 Hours of operation for excavation,processing and truck hauling,which may be amended by the City Council in the conditions attached to the conditional use permit,shall be as follows: 1. Areas less than 3.600 feet to residential areas. The maximum hours of operations for excavation,processing, except concrete and asphalt processing, and truck hauling equipment in a sand and gravel district where these activities are located closer than 3,600 feet to the city's,or an adjacent city's,developed or zoned residential property which existed prior to the effective date of this chapter and zoning map amendment,shall be 6:30 a.m.to 5:30 p.m.,Monday through Friday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 2. Areas more than 3,600 feet from residential areas. The maximum hours of operation for excavation,processing, except concrete and asphalt processing, and truck hauling equipment in a sand and gravel district where these activities are located farther than 3,600 feet to the city's,or an adjacent city's developed or zoned residential property which existed prior to the date of this chapter or map amendment, shall be 6:00 a.m.to 6:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 3. Processing and mixing extended hours. The maximum hours of operation for concrete and asphalt processing and associated truck hauling equipment,not excavation or crushing,in a sand and gravel district wherein the processing equipment is located in a centralized location and within an enclosed processing building 9hs11 be 5:00 am.to 10:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. J. Traffic Management.Truck traffic will only ingress and egress from the site from the driveway access to County Road 42 at the Johnny Cake Ridge Road intersection. K. Fencing.No fencing is planned except security gate fencing as determined to be necessary by Operator or such other fencing as may be required by the City of Apple Valley. L. Sians.The only sign shall be the identification sign at the entrance to the property along County Road 42. 10 M. Weed Control. Weeds and other unsightly or noxious vegetation will be controlled by periodic mowing and/or spraying. Existing trees and topsoil along existing public right-of-way will be maintained unless otherwise approved by the City. N. Fuel Storage.There will be no fuel storage on any of the 160Th Street Property. Fuel storage shall be limited to the existing site adjacent to the Maintenance facility as shown and noted on Exhibit 2. 0. End Use Plan. The purpose of the End Use Plan.is to guide the mining and reclamation of the site in a manner that will be consistent with the ultimate development of the area. The End Use Plan provides a basis for the grading, drainage and utility plans. Attached hereto as Exhibit 4 is the new End Use Grading Plan. In other respects, the owners and operators will cooperate and coordinate end use grading with the City and adjacent property owners. P. End Uses. No specific end uses are proposed at this time except for Commercial/Industrial uses along County Road 42 within the 525 feet that will remain generally consistent with existing elevations. The remaining mined area may be developed with a variety of land uses to be determined over the next several years. The owner will cooperate with the City in planning for end uses for the subject property. Q_ Public Utilities. The owner will cooperate with the City in planning for public utility service after mining and restoration are completed. R. Rewired Permits. 1. Annual Excavation Permit. An annual excavation Permit shall be obtained in accordance with the provisions of the Apple Valley City Code. 2. Building Permits.Building permits shall be obtained from the City for any structure requiring a permit under the Minnesota Uniform Building Code. 3. MPCA Air Emission/Storm Water Permits. Permits from the Minnesota Pollution Control Agency(MPCA)have been obtained for an"Air Emission"permit for a Sand and Gravel Quarry and Air Pollution Equipment according to MN Statutes Chapters 115 and 116. A permit has been obtained from the MPCA for storm water ponding. 11 4. Sign(s)Permit Sign(s)permits shall be acquired from the City for any business identification,sales or advertising signs as regulated by the City Code. 5 Special Permit(City).Permits for additional hours of operation,if requested and approved by the City Council shall be obtained. S. Pipeline.There are fuel pipelines(Magellan)running north south along the western property boundary of the site.There are also lines running east west between the Seed site and the 160th Street property line,and east west along the western boundary of the site and on the adjacent property to the south and along the west boundary of the subject 242 acre mining site.The operator will maintain an appropriate slope and setback from these pipelines during mining. T. Additional Operational Controls. There shall be no blasting for mining operations. 12 EXHIBITS 1. General Location Map 2. Mining and Processing Area 3, Mining and Restoration Phasing 4. End Use Grades 3 Ity, ar _qq1 r i .''w",..._..-: rn:: „I.:31"�'r .ir r rr:rk=`1:..;,>z 1:jii.....,. . L:if{'i. tom: :FI • �! _ i •'9!'i!`' - -=Sri—.. ••_ - w3•;:gri,i` - ,�. .,�.a -n,r�. .- ,l�=T - 1I�.. E-- ° FHr:-1�.F - i 1'i. ,,:::4wi n. .. P..I. �tri'�!. -....,'-.-'.A.).,- f;.r. - �3�.r. ! y -...• r:.. --.. 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'IlR�1' 7- 5 I� !I �� FISCHER i I Phu.1 • MI ■felWS SAND AND 1 ;E 1 j AGGREGATE Ii ` • } Phiss S ! , y I rais.c c v3111 s r� APPLE VALLEY \I\ ww.ta.w >olsm,s w u�n`gaseaonw 4 •\ li 1 & • MIINNESOTA J i�Ic.0 .., M —b .:',,.... ..., . ____ rl 1 Cq r \ ` �rau:e1rrsErrsrr:E� ! II! Tu7urt IssresTne = , tot Nam.. �,. '"a'L:LrS ,a„S•'.^�'T'r> ` ` Ec._sn,x+'.a n.r1..e�.r•r�a mrer.w.. 1! J FUTURE IIR£ ,-7'i1 .�Y----- Al �. ..... �. 1atilE■lil >*p1PY1 i ,....., ' .R RNeo■ I t ,se.N,IOhA laaRt N Pa T I I t - I rhn.T n..erua CUP i MINING AND RESTORATION PHASING t°0R' tiTZE-- EXHIBITS I •I.;_..< . .,4-. • Sun! _ _ -- ...w= , �.I —1. — —�i_ C_,... .�. -� 4 �� ._�� ^,-�� _ ..�.!�� -�f LONJLLIMfC wEEa A :i- :I.,....._ ..:,. _.,....... .• ,1 _,....-- -----. PPP" FISCHER fN.,raoStaEwn .rR.=earorme.ur.•w ' qe rdW01w-. . . SAND AND P.A. • �'_ N� AGGREGATE r'I 1l! a � as fr r i 9 I ..a.csw.w.ve�I ir, APPLE VALLEY HH 1. ?YC4 -. ....�.,.- FAl1AlIJE3EITA td T-.7...,.,=:- ,t .___.....„4,11,... _.....1141 /I 5,4. 1.74,4‘„ 5 1 f/ f� ,1 r`li _ „ gi a !£9. �- - _ - _ .�lL: PUZI1R -f5.1td STR£- / 1 r vi) •il -- - I c:, 4 I :1E.Er l �rax :fir•"'." i 0 G Mr. ..., I I �� FUTURE ISM . : L NNR Me11 'PROPOSE°POND/ K� .I "" ur.a r.e . .1nfY CUP t ENO USE i• GRADES ~ ..a' € Li/Ai .. ,�. ... With STREET EXHIBIT 4 CITY OF APPLE VALLEY RESOLUTION NO. 2006-230 A RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR SAND AND GRAVEL MINING OPERATIONS AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.3 57 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances,zoning regulations to control land uses throughout the City;and WHEREAS,said regulations provide that provide for sand and gravel mining operations may be allowed within the confines of a"SG" (Sand and Gravel)zoning district and in accordance with specific performance standards,as a conditional use; and WHEREAS,approval of an amended Conditional Use Permit for sand and gravel mining operations has been requested by Fischer Sand and Aggregate,LLP; and WHEREAS,review of such an amended Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that a Conditional Use Permit for sand and gravel mining operations within a"SG"(Sand and Gravel) zone be approved subject to the following conditions: 1. The amended Conditional Use Permit shall provide for operations to be conducted in conformance with and upon property as described within the document titled: Fischer Sand and Aggregate,LLP 2006 Amendment to the 1993 Conditional Use Permit City of Apple Valley 2. The Conditional Use Permit may be revoked for cause if the terms contained within the document referenced in(1)preceding are not adhered to. ADOPTED this 21st day of November,2006. M H olan Mayor Attachment 1 • ATTEST: Pamela J.Gac fetter,City Clerk CERTIFICATE Apple Valle City Clerk,hereby certify that the forgoing is a true I,Pamela Gackstetter, Y and correct copy of a resolution adopted by the City Council on November 21,2006, the origin al 20 of which is in my p ossession, dated this day of�._ Pamela J. Gackstetter,City Clerk 2 2006 AMENDMENT TO 1993 CONDITIONAL USE PERMIT RECITALS WHEREAS, Fischer Sand and Aggregate Co., a Minnesota partnership ("Owner") is the fee owner of the four parcels of real property with PIO numbers 01-03500-010-02, 01- 03500-010-75, 01-03600-011-2g and 01-03600-010-25 which real property is legally described on Exhibit"1" attached hereto and incorporated herein("Fischer Property"); WHEREAS, Fischer Sand and Aggregate, LLP its affiliated companies ("Operator") intends to mine and excavate certain portions of the Fischer Property as set forth on Exhibit "2" attached hereto and incorporated herein; WHEREAS, whenever the term "Operator" is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property; WHEREAS, certain terms and conditions regarding the mining of the Fischer Property and j those other properties owned by Owner and Operator are contained in the Revised Fischer Report, which report is attached hereto and incorporated herein as Exhibit "5" ("Revised Fischer Report"); WHEREAS, the City Council of Apple Valley approved the issuance of the conditional use permit for the mining of sand, gravel and other mineral deposits on a portion of the Fischer Property at its regularly scheduled meeting of May 27, 1993; NOW THEREFORE, subject to the terms and conditions set forth herein, the Cityof Apple Valley does hereby grant this conditional use permit for the mining of sand, gravel and other mineral deposits on the Fischer Property("CUP"). TERMS For the interpretation of certain words and phrases under this CUP,the following shall be given the meanings identified: 1. Reclamation, Restoration and Rehabilitation. For purposes of the CUP, reclamation, restoration, and rehabilitation is a process, involving the individual components as hereinafter described, which is necessary to make the Fischer Property, suitable for development consistent with the Apple Valley Comprehensive Guide. 1 a Reclamation/Reclaim —The filling, through the placement of clean fill or other suitable material, on any portion of the Fischer Property, as necessary, to raise the grade of the property to an elevation as set forth in the Comprehensive End Use Grading Plan,attached hereto and incorporated herein as Exhibit"4". b. Rehabilitation/Rehabilitate — The providing and use of a suitable sub- surface material to support public infrastructure and utilities and streets necessary to allow the Fischer Property to be developed in a manner consistent with the Apple Valley Comprehensive Guide Plan. c. RestorationIRestore — The placing and spreading of sufficient topsoil (a minimum of 4 inches in all areas) upon the Fischer Property,or any portion thereof, and the stabilization of the topsoil through the use of a vegetative cover, as approved by the City. 2. Mining Season. For the purposes of this CUP, a mining season (i.e. mining or excavation) shall consist of the duration of a calendar year between approximately April 15 and November 15,depending on weather conditions. 3. Stockpile. For the purposes of this CUP, a stockpile consists of the accumulations of material; of any nature, in such manner so as to exceed 8 feet in height as measured from the lowest point of the ground surface within a one hundred foot (1 UM') radius from the apex of the stored material, the points of which are determined by the City. A berm established to provide a visual, noise and dust screen shall not be considered a stockpile. 4. Conflict of Terms. To the extent that the terms, conditions and references contained in the Revised Fischer Report, as identified hereafter, do not conflict with the CUP or the City's Code of Ordinances,the meanings contained therein are expressly adopted in this CUP as though originally set forth herein. Any conflict between this CUP or the City's Code of Ordinances and the Revised Fischer Report shall governed by this CUP. Notwithstanding the foregoing, the City shall be permitted to broadly interpret this CUP, the City's Code of Ordinances and the Revised Fischer Report in a manner that best promotes the public, health, safety and welfare of the City. 2 CONDITIONS 1. Compliance with Plans_ The Operator shall comply with the standards and requirements contained in the following plans: a. Noise Control Plan(contained in the Revised Fischer Report); b. Dust Control Plan(contained in the Revised Fischer Report); c. Landscape and Seeding Plan(contained in the Revised Fischer Report); d. Storm Water Management Plan(contained in the Revised Fischer Report) e. Erosion Control and Slope Stabilization Plan(contained in the Revised Fischer Report); f. End Use Grade Plan(attached hereto and incorporated herein as Exhibit 4); g. Phasing Plan(attached hereto and incorporated herein as Exhibit 3); h. Reclamation,Restoration and Rehabilitation Plan(contained in the Revised Fischer Report). Operator shall further comply with all other performance standards as contained in the document entitled Revised Fischer Report. 2. Compliance with Permits. Approvals and Licenses. Operator shall obtain and comply with all necessary approvals, permits and licenses from the City of Apple Valley; Dakota County; Minnesota Pollution Control Agency; Minnesota Department of Health and any other regulatory agency affected by or having jurisdiction over the gravel mining and excavation of the Fischer Property ("Project"). All costs incurred to obtain said approvals, permits and licenses and all fines or penalties levied by any agency due to the failure of the Operator to obtain or comply with the conditions of such approvals,permits and licenses shall be the responsibility of the Operator. Any default or violation of the approvals, permits, or licenses required in connection with the Project shall be a violation and default under this conditional use permit. The Operator shall indemnify,defend and hold the City of Apple Valley harmless from any action initiated by a regulatory or governmental agency due to a violation or default of any approval, ordinance, City Code,permit or license,which results from the operator's actions or failure to act. 3 3. Compliance with Laws. The Operator shall comply with all other laws, regulations,permits or licenses,which may apply and/or are issued in connection with the operation of the Fischer Property. The Operator shall further comply with any and all requirements of the City Code for the City of Apple Valley,however, if the City Code conflicts with the terms of this CUP,then this CUP shall control. 4. Use of 160th Street. Operator shall not use 160th Street for traffic in connection with any mining activity on the Fischer Property. Operator shall use conveyors or other methods of transporting any reining material to other properties owned by Owner or Operator so that 160th Street will not be used in connection with any mining or excavation activity. 6. Excavation Permits. The Operator shall obtain an annual excavation permit(s), as set forth in the Apple Valley Code of Ordinances in connection with any area of the Fischer Property where the earth is to be disturbed. With the application for the annual excavation permit, the Operator shall submit a plan depicting what and where activities are anticipated to occur within the following 24-month period from the date of the application. The submission of such plan does not grant the Operator any additional rights to excavate or mine any area beyond that area permitted under an excavation permit. Operator shall not be permitted to mine, excavate, or disturb the earth on any portions of the Fischer Property not expressly permitted in the annual excavation permit. 7. Conditions of Operation. All mining of material, transporting of material by conveyor to the processing area and any other operations on the Fischer Property, shall be conducted during the hours as set forth in Paragraph 6(1) of the Fischer Report.Notwithstanding the terms of this paragraph,upon written application to the City by the Operator, the City Council may permit an extension of the hours of operation as set forth in this paragraph, subject to noise and air pollution control measures and additional terms and conditions as determined by the City Council. 8. Blasting. The Operator shall not blast,with the use of dynamite or other explosives, for the purposes of excavation,mining operations or any other purpose. 9. Mining on the Property. The Operator shall only excavate, for the extraction or mining of material, those portions of the Fischer Property identified for such purpose as set forth on Exhibit"2". 10. Completion of Mining. Once the Operator has finished and restored a phase, that phase may not be reopened for any mining activity, except as approved by the City within an annual excavation permit. 4 • 11. Importing of Material. No material including sand, gravel or mineral deposits of any nature, whatsoever, shall be imported to the Fischer Property except as expressly approved by the City. Notwithstanding the foregoing, Operator may import clean fill and topsoil necessary for the reclamation, rehabilitation and restoration of the Seed Property. 12. Stockpiling. All stockpiling of material and/or minerals, except topsoil and clean fill, shall be located in the central processing area of the Seed Property (as defined in the Seed Property CUP) or as approved by the City in connection with the annual excavation permit. No stockpiling of materials or minerals shall occur on the Fischer Property without the prior approval of the City in the annual excavation permit. The Operator shall be responsible to mitigate any adverse effects that result from the pulverizing of black dirt, including the use of watering or relocation,if the City notifies it of the receipt of complaints. Failure of the Operator to successfully mitigate the adverse effects shall be grounds for revocation of this permit. 13. Dust Control. The Operator agrees that in order to control dust, it will do additional watering as requested by the city Public Works Director. Such requests may be made orally and the Operator agrees to implement the additional watering within one-half(1/2)hour of the City's request. The Operator agrees that should the City determine, at its sole discretion, that the Operator has failed to adequately implement the additional watering necessary to control dust,the City may proceed to enter upon the Owners' property, which license is expressly granted herein, for the purpose of watering the property to effectuate dust control. The Operator and Owner agree to pay any and all cost born or incurred by the City for watering and agree to pay the city within 30 days of invoice, thereof The Operator and Owner further agree that upon failure to pay the invoice, that all amounts reflected in the invoice shall be certified as a lien against Owner's property and be due and payable in connection with the taxes thereon. 14. Restoration. Owner shall reclaim, rehabilitate and restore the Fischer Property in accordance with the phasing plans and reclamation, rehabilitation and restoration plans, as set forth in the Revised Fischer Report and Exhibit 3 attached hereto, and on or before the dates set forth in the phasing and reclamation, rehabilitation and restoration plans. Operator's reclamation, rehabilitation and restoration shall comply with the Comprehensive End Use Grading Plan as set forth on Exhibit 4 attached hereto and incorporated herein. Upon request by the City, Operator shall provide a report prepared by Braun Intertec and Probe Engineering and Sunde Engineering regarding the reclamation, rehabilitation and restoration of all Fischer Properties covered by any CUP in the City. The report shall include all soil . composition reports and other information to ensure proper reclamation, rehabilitation and restoration of said properties. 5 15. North 550 Feet. Upon the issuance of an excavation permit from the City in connection with the north 550 feet of the Fischer Property, Operator shall have ten (10) months in which to grade, rehabilitate and restore any five (5) acre portion of the north 550 feet covered by the permit, all in accordance with the End Use Grading Plan and the Phasing Plans attached hereto as Exhibit 4 and Exhibit 3 respectively. Except as expressly set forth herein,neither Operator nor Owner shall grade, rehabilitate or restore any portion of the north 550 of the Fischer Property at any time without the prior approval of the City. Upon completion of the reclamation, rehabilitation and restoration of the north 550 feet of the Fischer Property but prior to the development of any improvements thereon,the Owner or Operator shall install adequate berming,as determined by the City,to buffer the impacts of excavation upon the anticipated development. 16. Default. Default is the failure by the Operator to observe or perform any covenant, condition, obligation or agreement to be observed or performed by it under this CUP, within thirty (30) days after delivery of written notice from the City. The written notice must specify to a reasonable degree the problem, and request that it be remedied. The Operator shall have a period of thirty(30) days from the date of the delivery of such notice to correct the problem. Upon request by the Operator, the City may agree in writing to an extension of the 30 days period, prior to its expiration, for such longer period as may be reasonably necessary to remedy such problem, provided that the Operator is proceeding with reasonable diligence to remedy the same. 17. Remedy. a. Upon the occurrence of an uncured default, the City Council ("Council"), following a public hearing, with notice of the time and place of hearing being given to the Operator,may terminate this CUP. b. Termination of the CUP shall not occur earlier than ten (10) working days from the time that written notice of termination following Council action is received by the Operator. Notice to the Operator shall be served personally or by certified mail at the address designated in this CUP. Such written notice of termination shall contain the effective date of the termination, the nature of the violation or violations constituting the basis for the termination, the facts which support the conclusion that a violation or violations has occurred and a statement that if the Operator desires to appeal, it must be within ten (10) working days, exclusive of the day of service, that the Operator file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and be served personally or by certified mail on the City by midnight of the tenth (I0h)working day following service of the notice of termination. Following receipt of a 6 request for hearing,the City shall set a time and a place for the hearing. In the event a bearing is requested by the Operator, termination shall be stayed until written notice of the Council's action following the hearing has been received by the Operator. HEARINGS: (1) If the Operator requests a hearing on termination of the CUP, such hearing shall be held before a hearing examiner as provided below, and shall be open to the public. (2) Unless an extension of time is requested by the Operator in writing directed to the City and is granted, the hearing will be held no later than forty-five (45) calendar days after the date of service of request for hearing, exclusive of the date of such service. In any event, such hearing shall be held no later than sixty (60) calendar days after the date of service of request for a hearing,exclusive of the date of such service. (3) The City shall mail notice of the hearing to the Operator at least fifteen (15) working days prior to the hearing. Such notice shall include a statement of the time, place and nature of the hearing. (4) Hearing Examiner: The Council shall request appointment of an Administrative Law Judge from the Office of Administrative Hearing to conduct the hearing and to make findings of fact, conclusions, and recommendations to the Council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the Council in a written report. The rules of the Office of Administrative Proceedings will apply. (5) Conduct of Hearing: The City and the Operator may be represented by counsel. The City, the Operator, and additional parties, as determined by the Council or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to conduct discovery, respond to and present evidence, cross-examine witnesses, and present argument. The hearing examiner may also examine witnesses. (6) The City shall have the burden of proving its basis for termination by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of facts, conclusions, recommendations, and decisions by the council shall be based on evidence presented and matters officially noticed. (7) All evidence, which possesses probative value, including hearsay, may be admitted if it is the type the parties are ordinarily accustomed to rely on in the conduct of their affairs. Evidence, which is incompetent, irrelevant, immaterial, or unduly repetitious, may be excluded. The hearing shall be confined to matters raised in the city's written notice of termination or in the Operator's written request for a hearing. 7 (8) At the request of the City, the Operator, or the hearing examiner, a pre-hearing conference shall be conducted by the hearing examiner. The pre-hearing conference shall be held no later than five(5)working days before the hearing. The purpose of the pre-hearing conference is to: (i) Clarify the issues to be determined at the hearing. (ii) Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner or City's representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. (iii) Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known,the party shall describe them thoroughly by job duties and involvement with the facts at issue. (9) If a pre-hearing conference is held,evidence not divulged as provided above may be excluded at the hearing. (10) If the Operator fails to appear at the hearing, it shall forfeit any right to a hearing before a hearing examiner. (11) The Operator has the right to seek judicial review of the findings of fact, conclusions, and recommendations of the hearing examiner, as well as decisions of the Council, both prior to and subsequent to the hearing. 18. Notices. Notices given pursuant to this CUP shall be personally delivered or sent by certified mail to the City of Apple Valley, attention City Clerk, 7100 W 147th St., Apple Valley, MN 55124; and to the Operator: Attention: Peter Fischer, 14698 Galaxie Avenue, Apple Valley, MN 55124. All notices shall be effective upon delivery or deposit in the United States Mail. 19. Approval and/or consent of the city. Unless otherwise stated for purposes of this Permit the use of the terms "approval of the City" or "consent of the City" shall mean the approval by the City Council. 20. Designee. From time to time, the city shall designate an individual as its designee to carry out the rights and obligations, wherever applicable, as set forth in this CUP. 8 21. Indemnification. The Owner and Operator shall indemnify and hold the City, its officers, and employees harmless from and against all claims, suits, actions, fines, damages or liabilities, and all costs and expenses related thereto (including reasonable attomey's fees) arising out of the issuance of this CUP. 22. Survival. The obligations of Owner and Operator to indemnify the City as set forth herein shall survive the termination of this CUP. 23. Assignment. The Owner and Operator shall give the City written notice prior to the change of ownership of any of the parcels constituting the Fischer Property, and prior to the assignment of the rights or obligations under this CUP. 24. Interpretation. In any challenge of the provisions of this CUP, the interpretation of the provisions shall be liberally construed to protect the public health, safety and welfare. When the terms of any law(s),regulation(s),permit(s) or license(s)conflict, the stricter law,regulation,permit or license shall apply,unless preempted by a state or federal law or regulation. 25. Amendments. Any changes in the provisions of this CUP, requested by the Operator, require the express written consent of the City Council. The City may amend the CUP in accordance with the City Zoning Ordinance. 26. Severability. If any provision of this CUP is found to be invalid, such finding shall have no affect on the validity of the remainder of this CUP. 27. Binding Effect. This CUP shall run with the land and shall be binding upon the heirs, successors, administrators and assigns of the Owner and Operator. This CUP shall be recorded with the Dakota County Recorder's Office. 28. Waiver. The waiver by the City of Apple Valley of the enforcement of a violation of any condition contained in this CUP shall not constitute a waiver of the enforcement of any other term or condition set forth in this CUP. 29. Violation. The violation of any term contained in this CUP is a criminal misdemeanor. 9 • CITY: OWNER: CITY OF APPLE VALLEY FISCHER SAND AND AGGREGATE CO., a Minnesota corporation ti • M aman -Rohn By:Peter Fischer Its: ayor Its: Managing Partner C e O J OPERATOR: By: Pamela J.Gackstetter FISCHER SAND AND AGGREGATE,LLP Its: City Clerk 5)1LL) . �(11ti'4- By: Peter Fischer Its: Managing Partner STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) '� On this 1 - �CJ day of e 6.cryfri ,2006,before me a Notary Public within and'for said County,personally appears 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 City 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 eed of said municipality. Mary Public �i► � JOANNE H.MUIPHY MyN OTA:sPUBLIC•eII N► O0A 10 10 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) On this day of V 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known,who being duly sworn, did say that he is the Managing Partner of Fischer Sand and Aggregate Co., a Minnesota corporation in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors acknowledged to be the free act and deed of the c+ is oration. .4/11.0p\./ JENNIFER THOMPSON I "� "`d�V' I C.k NOTARY PUBLIC-MINNESOTA l\ptary Public My Commission Expires Jan.31,2010 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) On this 1 day of � , 2006, before me a Notary Public within and for said County, personally appears Peter Fischer, to me personally known,who being duly sworn,did say that he is the Managing Partner of Fischer Sand and Aggregate LLP, a Minnesota limited liability partnership in the foregoing instrument, and that said instrument was signed on behalf of said partnership by authority of its Partners acknowledged to be the free act and d of the corporation. �'' 9 ., JENNIFER THOMPSON N ary Public NOTARY PUBLIC-MINNESOTA " My Commission Expires Jan.31,2010 11 EXHIBIT 1 Legal Description (A) Size and Location. The size of the existing mining area rezoned for sand and gravel is approximately 283 acres located south of County Road 42 and east and west of Pilot Knob Road.Exhibit 1 illustrates the general location of the site with respect to the community. (B)Legal Description. The legal description has been submitted to the City with the original C.U.P. and rezoning applications. The amended C.U.P. applies to all of the property included in the original C.U.P. (P.I.D.Numbers: 01-03500-010-02,01-03500-010- 75, 01-03600-011-28,01-03600-010-25). The various parcels that make up the property are all owned by Fischer Sand and Aggregate Co. 12 • • a Ta-74"°2-1. ... • • • 1E[y , ", he . •,;-.Siitit '1...•I .•: ' 3 114: kt-". - ryj-'-- 'f.'• 3•t• L•l'•'.3.-;'111 • —_ 4 )114.. r . . :... ._ . ,,,0714,71_ wi., .. Abk.i. tvi .... ,, ... ,-,,,,a.,.,_,.c.,,,,,,34.7:: . ,-..e ,,, v. . 'SuS+ 'n-•�!F n[i' to i_ •��+r i,y- �{�'-t_._ .�.i"`�1'-,T'!E »ki:�� _'' ., __ • F L. f IWP '' rT y,.• .p�yi PCs. • ':-- -7. 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'g1 ��`!i• • �._. •_.;..�:tg4 �` ..F•.iP_:9 hP .s-4'L. . i:ir. a� At is -.--!• .... ......--.. . FrEE; ....t!:L".9 '}„ r- BASE e:•:e s:aesx:.ri DAKOTA COUNTY EXHIBIT I Hwy. DEPT. GENERAL LOCATION MAP 1 EXHIBIT 2 Mining and Excavation Plan I Map See Attached. 13 • EXHIBIT "2" :� +�g�'„.,....��...�r... .` yfr':'..�yyi1�... ..L.. '9i'E}'�* •!1• ,R. . 7 :7-•• :''t. • • •' :'• -.-,' F :' f ga_ :. .. , h ::` i s f I. '" ' 4---0l c I -'pr ,iF'':;,'',,.r j r-p :.]s I,:?^.- }y _ 9T •`P' • ...7-_,(,::,,...,. ..7;;;;._....-. :...kir-Cri-::....5-:-,-.T.'...,.,.„.• -'.:. i -43 7.::k....-•• A '4`. 1 RH-_ _1J J.ZY;Er::^'Ji .�,F EL...:' •'`..- a'. k;R�:. 4 .__.. . . ei' ..�.•, iP•'i`1�F. PY.f- _ r}+_'u':;1 • •:F Via - _•-. • .^,ii y_ ir r1?- .ter_- _ _ • i P•ir'' 3 .F,' "f - _Lys:- Y! ii -+�..Nr' `-•� �.Yk•-ice_..� �..••i ''"�„'i•��i .... .. ,�"i•.�TF •:E . • } .. :. ..-}:ice- .,.Yix:•.• V. _ • _ f _ i'E .�..x,... ..r.s'• �:•,r , ,)E:',:-} ._• • ry'-LS-�� '-' .. 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MI I' i 1 EXHIBIT 3 Phasing Plan See Attached. 14 ! ` Ip • 1�Yra . . -- 1 1 f I "1w�f p}•Nr,•r!!:5" i,za>::'s :.FL{....g.-.�,.t.`•P sEcnoI!1A M�ex><urvrccrrsAN.vcrc.Lhao c114N4 WIIO' ctsnntcconiFrf'i. aN . - �. .'•I-" '..•L�.IIll,. !1�^ '4ii.;' SECIiCMS.E�1Cr mom TO Rf YYEPAa✓0%71-'V[G Y(ll[M f11101fR/Of IgTYKA - � '� ,-- ... -. , r FISCHER I ' PM1mi SAND AND p re """'`"i""�"" `I ; AGGREGATE j 1 .;_ , t � Ig. ,.� ` APPLE VALLEY 1 • Dome Adai41�17t17017 Tani f Fan.i�wrp7ots7ets ,en.uuli]aaeaon M!INNESO7A H 5l ! !I ii ___.._ ... ,i; Fi17URE 161rd 3TREEJ :--�_-- g 1 , rza .11, ____ II _______ • W� '.J„ \ . ri,, ,_„. 11 ......_ _..._ II , .... ._______.. 711.....waiitm7azyv.:r,... \ I 1....d ktha • El g f \I Tow. Veit.sl ktour7m7 "1-7,{.g ARIM:E I II } I FUT UN 45TiN I i MneWil Se77WMitt, `� .r ._. 1 Raw:. yt z f --R- �nlNlr�ic AND RESTORATION i N PHASING save- a ' - ' EXHIBIT b f .... «-..s.... .--.--.••...M..w.WEN....J. owe W. EXHIBIT 4 Comprehensive End Use Grading Plan See Attached. 15 -7 I 1 1 ( 0, . • _ • Oil ^ JJUL(' 9-1-0)-€.. I L ji. 'I 'L _ --- b r-- • ■ r i ] , 1 I FISCHER ».q,p l am SAND AND .-� bar••. i 1..•4«.... •Phil.° Iwe...r.iwi... �ql I ""'"' AGGREGATE i .......:• • • is, iie f .{� APFSiE VN LEY • .110424'..7 J, 1-3 a40�> POND •1 w - S , • Xr. + . _....- , .4%;: a _ _ 141.. I } li .` . 44 ,;5//. .k.... Pi " ` ON F117118E i64.6 R - 41i11GF �.f �A:-..A iF - �T.. �,yr -07 r ...... n � 0 17 �,law I �� ^' µ w�,•�-•• V V1. � w � .I INN.eIG.. P IPAS r I mamma Pomo if ..� cuP EIaU USE 1I GRADES d • ! r a1 tej! • k 1 semwrAt:E'r lJ EXHIBIT 4 h t I EXHIBIT 5 Revised Fischer Report See Attached. 16 • EXHIBIT "5" Revised Fischer Report Fischer Sand and Aggregate Co. Conditional Use Permit City of Apple Valley DEFINITIONS For the purpose of this submittal,certain terms or words used herein shall be interpreted as follows: 1. City shall mean the City of Apple Valley. 2. Central Processing Area shall mean that area,on Exhibit 2 where sand and gravel is processed. 3. Conveyor shall mean an electrical powered belt conveyor, which shall be used to convey sand and gravel material and black dirt (topsoil) from the mining area to the processing area. 4. CUP shall mean a conditional use permit(s),which may be issued by the Apple Valley City Council. 5. EIS shall mean the final draft of the Environmental Impact Statement for Consolidated End Use Concept for Sand&Gravel Mining Operations in Apple Valley. 6. Fischet shall mean Fischer Sand&Aggregate Co. 7. FSA Property shall mean that certain real property identified as the FSA Property on Exhibit"1"attached hereto and incorporated herein. 9. Maul Road shall mean the access road leading from County Road#42 to the central processing area as shown on Exhibit"1" 10. 160k' Street Property shall mean that certain real property identified as the 160a'Street Property on Exhibit"1"attached hereto and incorporated herein. 11. Operator shall mean Fischer Sand&Aggregate Co. 12. Phase shall mean a sequence of mining that shall occur as mining progresses. 13. pit Face shall mean the exposed aggregate slope toward which mining is to occur. 14. Seed Prooerty shall mean that certain real property identified as the Seed Property on Exhibit"1"attached hereto and incorporated herein. f � 2 1.) introduction.This report pertains to the Conditional Use Permits("CUP")for properties located in Apple Valley and designated for sand and gravel operations. 2.) Description of Operations. A. Overall Operations Exhibit "2" illustrates the overall mining and processing areas. Sand & gravel deposits are mined and conveyed to a central processing area located on the Seed parcel. The Central Process Area includes a concrete ready-mix plant,crusher,screening and wash plant, sedimentation ponds, conveyors, scale house, truck parking, stock piles, pulverizing of black dirt, storage of ancillary equipment, water well and internal road network necessary for operations. B. Access Road Current access to the Central Processing Area is via Johnny Cake Ridge Road and County Road 42.This is a controlled intersection.All material removed from the properties will be transported from the Central Processing area, unless otherwise approved by the Apple Valley City Council. There will be no hauling of material from the properties onto 160th Street. An access road has been constructed from the truck maintenance facility to Pilot Knob Road.This access is currently used on a minimal basis. An 8" Magellan pipeline runs roughly parallel and just south of the existing haul road(future 153 St.)off of Pilot Knob Road. C. Phasing/Staging Plan Currently, mining is completed east of Pilot Knob Road. Mining will subsequently move west of Pilot Knob. Mining will then move to the western portion of the site. The final phase of mining will be the northern portion of the 160th Street Property which consists of a ridge that provides screening of the operations area from residential land uses to the southwest. This portion of the 160a'Street Property will be mined and restored within two mining seasons. The phasing of mining and restoration of the 160th Street Property, as well as the RSA and Seed Properties,is illustrated on.Exhibit"3". 3) Areas Adjacent to Borders.Screening berms will be established within the mining setback area of the 160`'` Street property when active mining progresses to-this area. The berms will be constructed with a maximum slope of 2:1.The screening 4 berms will be seeded and mulched to establish vegetation and maintained until removed as part of restoration of the mining area. 4.) Reclamation,Restoration and Rehabilitation.Reclamation will involve the restoration of areas exhausted of their aggregate reserves.Steps in sequence taken to achieve restoration include: 1. Grading and/or filling to the end use grades as set forth on Exhibit"4", 2. Respread topsoil to a minimum depth of 4 inches in all areas. 3. Seed and otherwise stabilize in accordance with the landscape plan contained in this report. 4. Maintain vegetation and re-seed where necessary. 5. Plant trees on slope as provided by landscaping plan. 6. All ground water or storm water storage areas resulting from excavation shall be rehabilitated in accordance with the provisions of Ordinance No.472 Section A1-4$(g)(6). Mining phases shall be restored by stripping topsoil from new mining areas and respreading over the phase being restored,or utilizing topsoil stored on site in the form of screening berms where mining activity is complete and screening berms are no longer necessary as determined by the City. 5.) The City of Apple Valley has adopted a City Storrnwater Management Plan. As part of this Plan, outlet elevations for storm water leaving the City of Apple Valley and entering the City of Lakeville have been established in cooperation with the City of Lakeville. 6.) Performance Standards and General Provisions A. Noise Cimq.ol 1. The maximum noise levels at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and U.S. Environmental Protection Agency. Any documented violations reported to the operator will be corrected/mitigated by the operator within 15 clays of written notice. Methods set forth in the EIS will be utilized in controlling noise in bemms, distance, screening of operations and similar methods. 2. The Operator shall use a conveyor system to move material from the pit face(s) to the Central Operations Area to reduce noise that would otherwise be generated daily by trucks hauling material 5 within the site. Mining shall be carried out towards the perimeter of the sites so that the mine face provides additional topographic shielding of the operations. B. Dust Control. Reduction of dust generation can be achieved by Operator implementing the following operational procedures: 1. Conduct stripping operations as quickly as practical. This includes removing all of the topsoil to expose the underlying sand and gravel with reduced dust production potential, and stockpiling the topsoils. 2. All efforts shall be made to attempt to schedule stripping operations in areas adjacent to sensitive areas during cooler months when the windows of nearby residents in the area are more likely to be closed. 3. As areas of mining are completed, they shall restored and prepared for development. 4. The Operator shall use all efforts to minimize erosion of topsoil will further reduce dust production at the site. The following measures will be taken to reduce dust generation due to vehicular movement: • The access road off County Road 42 to and from the main operations center will be paved for a minimum of 300 feet from County Road 42. ■ The gravel portion of the main haul road, secondary haul roads and traveled portions of the operations area will be watered daily during the mining season unless it rains in excess of 0.02 inches in a given day.Water trucks will be available on-site throughout the mining season to insure the availability of sufficient watering of the haul roads. 6 • ■ If there should be a particularly dry and windy day during the mining season during which the City believes more frequent watering is necessary, the City may request the operator to perform additional watering of the haul roads. The operator will have sufficient watering trucks and personnel available to comply with an. increased watering schedule as may be requested by the City. ■ The general setting of operations will be recessed and perimeter berms,which will act to trap a portion of the dust generated within the site,and prevent it from migrating beyond site boundaries. = Operator shall use a conveyor to transport the majority of mined sand and gravel material from the pit face to the Central Processing Area. Minnesota Pollution Control Agency Guidelines. The site will operate under an Air Emissions Permit.The Minnesota Pollution c n o Controlf fugitive Agency (MPCA)has not adopted any formal guidelines dust in gravel mining operations.Fugitive dust control is addressed by the MPCA as part of their Air Emissions Permit,which must be secured for operations. Conditions of the permit are written specific to individual mining sites. Conditions of the permit will address dust control measures such as watering of haul roads as discussed above. The operator will comply with all conditions of the MPCA Air Emission Permit as issued. C. Berms. 1. Berms shall be established and maintained as follows: A berm will be constricted along the southwest mining setback of the 1606 Street property. The berm will be established to provide a visual, noise and dust screen for mining.The berm shall be an earth berm. The side slopes shall be a maximum of 2:1 (horizontal to vertical slope). The slopes shall be planted with suitable vegetation to stabilize the slopes. The berm shall be maintained until mining is completed on the 16e Street property. The berm may be removed as part of final restoration activities. 2. Berms shall be constructed at a maximum slope of 2:1. 3. All berms shall be stabilized as quickly as practical by applying seed and mulch and watering as needed to assure proper establishment of vegetation. Seeding and mulching will be performed within 15 days of completion of grading of a section of a berm. Berms will be inspected periodically and areas reseeded as needed. 7 D. Landscapirn¢and Seeding. 1. All areas to be restored,except berms as described above, will be fertilized and seeded to legumes and perennial grasses. MN-DOT seed mixtures No. 2 and 13 will consist of rye for quick ground cover and perennial ryegrass, alfalfa and field bromegrass for permanent ground cover. 2 Upon replacement of the topsoil,legumes, grasses or other ground cover, similar to Minnesota Department of Transportation Mix No.2 and 13 referred to above,will be planted upon such areas in order to avoid erosion. Berm, stockpiles, drainage channels and setback areas will be seeded and/or planted within 15 days after completion of final grading. 3. The Operator will be responsible for final grading and reseeding of all reclaimed land unless development is pending; in which case,the grading and reseeding will be in accordance with the approved development plan. Seeding dates shall be between April 15th and September 15th. Additional seeding dates may be approved in the annual excavation permit. On slopes greater than 6%, disk anchored straw mulch may be used. Soil erosion fences,bales, dikes or combinations thereof may be used at the base of slopes greater than 12%until they are established by vegetation. 4. Trees and shrubs will be planted on the side slopes in final stages after the permanent side slopes are established. The size, species, location and quantities will be reviewed with the City as a part of review of final restoration. E. Setbacks. 1. Mining operations shall not be conducted closer than 30 feet to the boundary of an adjoining property line unless the consent of the owner in fee of such adjoining property is first secured in writing. 2. Mining operations shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street,road or highway,except that excavating may be conducted within such limits adjacent to any boundary in order to reduce the elevation thereof in conformity to the approved grades or existing or platted street,road or highway or to create a berm. 8 F. Storm Water Management.Storm water runoff within active mining areas generally flows to the lowest point in the open phase and infiltrates into the ground Due to the granular nature of the soils encountered in a gravel mining operation,pending for an extended amount of time does not occur. Diversion berms are constructed as required to minimize runoff generated in area adjacent to the phase being actively mined from entering the mining area G. Erosion Control and Slope Stabilization.Operator shall employ erosion control and slope stabilization methods as follows: I. Side Slope.The steep side slopes(greater that 3:1),which are created along the perimeter of a completed mining area,will be stabilized and seeded. Final side slope(4:1) as illustrated on Exhibit 4 will be established when mining is complete&At that time vegetative planting will be established as previously described. 2. Restoration Seeding.Graded or mined areas will be restored as described in.the Land Rehabilitation section of this report. 3_ Maintenance of Vegetation.Areas that are vegetated will be maintained by weed control,periodic mowing when vegetation height exceeds twelve-inch(12")growth and reseeding where growth did not occur. All exposed areas will be stabilized in order to control erosion. Side-slopes in the central processing area will not be seeded unless there is no other means to maintain these slopes.Other areas will be seeded in order to control erosion as described,i.e.berms restoration areas and restored side slopes.In this manner reasonable erosion control can he attained_ H. Water Pollution.The Operator will comply with all Minnesota DNR and Pollution Control Agency regulations and U.S.Army Corps of Engineers and Environmental Protection Agency regulations for protection of water quality.No waste product or process residue,including untreated waste wash water,will be deposited in any lake, stream or natural drainage system except ponds wholly contained within the excavation site.All. human waste materials shall utilize a satellite toilet facility,which shall periodically be pumped. flours of Operation.The hours of operation shall meet the provisions of Section 155.291,Subd(C)of the City Code; except,that the operator may request a special permit by the City Council for additional hours for a specified time when warranted for a specific project. 9 Hours of operation for excavation,processing and truck hauling,which may be amended by the City Council in the conditions attached to the conditional use permit,shall be as follows: 1. Areas less than 3,600 feet to residential areas The maximum hours of operations for excavation,processing,except concrete and asphalt processing,and truck hauling equipment in a sand and gravel district where these activities are located closer than 3,600 feet to the city's,or an adjacent city's,developed or zoned residential property which existed prior to the effective date of this chapter and zoning map amendment,shall be 6:30 a.m.to 5:30 p.m.,Monday through Friday,unless otherwise stipulated in the a}rpiuved conditional use permit based upon noise and air pollution control mitigation measures. 2. Areas more than 3,600 feet from residential areas. The maximum hours of operation for excavation,processing,except concrete and asphalt processing,and truck hauling equipment in a sand and gravel district where these activities are located farther than 3,600 feet to the city's,or an adjacent city's developed or zoned residential property which existed prior to the date of this chapter or map amendment, shall be 6:00 a.m.to 6:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. 3. Processing and mixing extended hours. The maximum hours of operation for concrete and asphalt processing and associated truck handing equipment,not excavation or crushing,in a sand and gravel district wherein the processing equipment is located in a centralized location and within an enclosed processing building shall be 5:00 a.m.to 10:00 p.m.,Monday through Saturday,unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures. J. Tra lc Management. Truck traffic will only ingress and egress from the site from the driveway access to County Road 42 at the Johnny Cake Ridge Road intersection. K. Fencing.No fencing is planned except security gate fencing as determined to be necessary by Operator or such other fencing as may be required by the City of Apple Valley. L. Signs.The only sign shall be the identification sign at the entrance to the property along County Road 42. 10 M. Weed Control.Weeds and other unsightly or noxious vegetation will be controlled by periodic mowing and/or spraying.Existing trees and topsoil along existing public right-of-way will be maintained unless otherwise approved by the City. N. Fuel Storage.There will be no fuel storage on any of the 166'h Street Property. Fuel storage shall be limited to the existing site adjacent to the Maintenance facility as shown and noted on Exhibit 2. O. End Use Plan. The purpose of the End Use Plan is to guide the mining and reclamation of the site in a manner that will be consistent with the ultimate development of the area. The End Use Plan provides a basis for the grading, drainage and utility plans. Attached hereto as Exhibit 4 is the new End Use Grading Plan. In other respects, the owners and operators will cooperate and coordinate end use grading with the City and adjacent property owners. P. End Uses. No specific end uses are proposed at this time except for Commercial/Industrial uses along County Road 42 within the 525 feet that will remain generally consistent with existing elevations. The remaining mined area may be developed with a variety of land uses to be determined over the next several years. The owner will cooperate with the City in planning for end uses for the subject property. Q. Public Utilities. The owner will cooperate with the City in planning for public utility service after mining and restoration are completed. R. Required Permits. 1. Annual Excavation Permit. An annual excavation Permit shall be obtained in accordance with the provisions of the Apple Valley City Code. 2. Building Permits. Building permits shall be obtained from the City for any structure requiring a permit under the Minnesota Uniform Building Code. 3. MPCA Air Emission/Storm Water Permits.Permits from the Minnesota Pollution Control Agency(MPCA)have been obtained for an "Air Emission" permit for a Sand and Gravel Quarry and Air Pollution Equipment according to MN Statutes Chapters 115 and 116. A permit has been obtained from the MPCA for storm water ponding. 11 • 4. Sign(s)Permit.Sign(s)permits shall be acquired from the City for any business identification,sales or advertising signs as regulated by the City Code. 5. Special Permit(City).Permits for additional hours of operation,if requested and approved by the City Council shall be obtained. S. Pipeline.There are fuel pipelines(Magellan)running north south along the western property boundary of the site.There are also lines running east west between the Seed site and the t 60th Street property line,and east west along the western boundary of the site and on the adjacent property to the south and along the west boundary of the subject 242 acre mining site. The operator will maintain an appropriate slope and setback from these pipelines during mining. T. Additional Operational Controls.There shall be no blasting for mining operations. 12 EXHIBITS 1. General Location Map 2. Mining and Processing Area 3. Mining and Restoration Phasing 4. End Use Grades 3 3,7 �f T •• ..-T.'.- I-• 'L•Vi-;1113 '.-'. 1-1 .-:I-30 ..• 2.7-.'i, ”°M. . . .. :•-•.',ri' :'1 - ...-- 1'''"'i,'irs k.:•eu • i ;*ji ......• r.: T. . ;. ': . : =ram ` r '.:k � •per-' - _:._... `? ..45:7. ' . � - ' • "L �>� a- �r1 .. ':fi_^•�� ' t-"�k ��.�# . ;r;,� _ .. 'ET_ F'r- . Cln - +-h :!:uF ' �`� g^ .:�x._ - _- r i ..x •E :• a" _-a"r T -1 q - �-c : " . , i.3L .'-" ! ce_ , m . , i.•;: 4.,,i , -?, ..r :� m ..� I_ 4 _ • _71` = =r -- +ems, '. Es .�--.4' . s .-. '•ds s - •',*z._^ .;y,y. . -,. .+ L su— -= i Tyr �. 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" H ( II MINING AND RESTORATION i _v 1 W Sns1R�Er f f t PHASING EXHIEET3 I ' s. • • r .•• 4 - i . ' ;I AWN- CSAlI 42 �_ -.- __ 1 l Alit i i — , :..-.. ) � I r --.a 0 € � FISCHER .ro.,:.e-r.,�e...I. �.�. .... ,, .............ag• - iI ago IleSAND AND �� CA.. n..c.sa.r+n .. yy` r4.1. oa..1 t — I am • r . ...- r� e ., esr- Cx] ,. x f�PP APPLE VALLEY td \ I „o-orn.�.nwe• 1 . Iylllh�lESOTR s\l\\\\\\ PRoosc�va+0 mlk.h 1 "a r.� :s1�� 410 Arra iiiii rej111111111116L - 1 1 1 a y r�,.l -i ce•- �Pir. � —. I„ n / El7, ... • I � f � Alb. F _..._ _ _ IIT Ft t5'M _ _ . OJ•rote f 1 I M OT.NI. 1 .... •.. I PROPost•POND/ I ' SUP f .1r.— "".WAN/nr». a GRA ESE iiiK,. • I i5aq sFR€$r EXHIBIT 4 ATTACHMENT D: RESPONSES TO AGENCY COMMENTS 1. Introduction Pursuant to Minnesota Rules, part 4410.3610, subpart 5c, the Responsible Governmental Unit (RGU) shall revise the environmental analysis document based on comments received during the comment period.The RGU shall include in the document a section specifically responding to each timely, substantive comment received that indicates in what way the comment has been addressed. The 10-day Alternative Urban Areawide Review (AUAR) comment period began December 21 2021, and comments were accepted through January 6, 2022. Five comment letters were received from government agencies. Responses to those comments are included in the following sections, and copies of the comment letters are included in Appendix E. 2. Dakota County Comment Response 13. Water Use Known or suspected sites of environmental concern were Comment noted. Applicable identified on the subject properties. Known or suspected updates have been made to sites of environmental concern were also identified the Final AUAR. adjacent to the subject properties. Refer to the attached 2021 Environmental Review Map and Report for additional information. Dakota County Well Inspectors reviewed any previous audits, historic plat maps, historic aerial photography, well construction records,well sealing records and/or well disclosure statements that Dakota County has available for the Rockport AUAR. Findings by parcel identification number (PIN) are listed below: • PIN 010350025010 15305 Johnny Cake Ridge Rd-Sealed well H223261 likely associated with habitation documented on 1874, 1896 and 1916 plat maps and visible on,air photos from 1937 to 1974.There are three wells for industrial use at the Fischer Gravel Pit that are not sealed,Minnesota Unique Well Numbers:497931, 481816,and 645048. When the wells are no longer in use they must be sealed by a licensed well contractor. • PIN 010350003012 15255 Johnny Cake Ridge Rd-There are three wells for industrial use at the Fischer Gravel Pit that are not sealed, Minnesota Unique Well Numbers:481815,497932 and 497933. When the wells are no longer in use they must be sealed by a licensed well contractor. • PIN 01 1825001010 5868 150th St W-There are no suspected wells on this parcel. • PIN 010350001010 5732 150th St W-The only suspected well is sealed;sealing number H339471. • PIN 010350001020 57XX 150th St W-The only suspected well is sealed;sealing number H339470, • PIN 010350002011 15303 Johnny Cake Ridge Rd-There is likely an unsealed well associated with habitation mapped on the 1874 plat map.There is no well sealing record for this parcel.A well sealing record is the legal document to prove a well was sealed Comment Response by a licensed well contractor. A search for the well should be conducted.A county well inspector can be contacted to do a magnetometer survey by calling 952-891-7000 or a private company can be hired to do a geophysical survey. • PIN 015589100050 15497 Pilot Knob Rd-There are two sealed well on this parcel,sealing numbers H 163324 and H 163325. • PIN 015589100050 15497 Pilot Knob Rd-There are no suspected wells on this parcel. • PIN 015589101040 15497 Pilot Knob Rd-There are no suspected wells on this parcel. • PIN 015589101010 15497 Pilot Knob Rd-There are no suspected wells on this parcel. • PIN 015589101020 15497 Pilot Knob Rd-There are no suspected wells on this parcel. • PIN 010350075017 15497 Pilot Knob Rd-There is one well for industrial use at the Fischer Gravel Pit that is not sealed, Minnesota Unique Well Number 553573. When the wells are no longer in use they must be sealed by a licensed well contractor. The property owner should be consulted about the location of the wells. Active, unused, and sealed wells must be protected from damage due to construction activities. The well construction and sealing records, and a map of the well locations is available upon request by contacting Vanessa Demuth, Dakota County Well Inspector at vanessa.demuth@co.dakota.mn.us. 20. Solid Wastes;Hazardous Waste;Storage Tanks "Rockport has petitioned the City for street and Comment noted.Site infrastructure improvements, north of the proposed 155th Investigations and soil testing will Street West, to facilitate potential development on parcels be completed prior to adjacent to Pilot Knob Road, north of 155th Street West." redevelopment or infrastructure Dakota County Site 3072-Fischer Sand Metropolitan installation in this location. Airports Commission Soil was identified in this area of the subject properties. County records indicate possible petroleum impacted soil may be or has been present on the subject property. This should be evaluated prior to redevelopment and/or infrastructure installation. 21. Transportation As noted in Section 21, the development area's traffic The Proposer will continue to generation and the basic traffic impacts are considered work with the City of Apple the same today as reported in 2016.This is reasonable, with Valley and Dakota County, as most of the near-term emphasis on the AUAR's Phase 1 needed, to implement the traffic generation. We note that the 2021 update on Traffic mitigation strategies outlined in Generation and Assumed Land Use notes correctly: the Final AUAR. "Dakota County access spacing guidelines will need to be followed when connecting to County roadways." The subsection Traffic Routes and Traffic Generation Updates references in the 2016 text that Dakota County's 2030 Comment Response Transportation Plan identified the CSAH 31 intersections with both CSAH 42 and CSAH 46 as having potential be overcapacity by 2030,with likelihood for improvement to interchanges. Please review the Dakota County 2040 Transportation Plan at: https://www.co.dakota.mn.us/Transportation/PlanningProgr Isms/Documents/2040TransportationPlan.odf. This recent update and other current planning have confirmed the general potential for future intersection capacity concerns at the above-noted intersections. However, Dakota County's updated analyses to 2040 have found that high- capacity at-grade intersection layouts should suffice at these locations into the foreseeable future. Regardless, these junctions will require significant space for traffic lanes, multi-use trails, and other design elements. For this AUAR Update review, the most relevant major intersection is CSAH 42 &CSAH 31. Planning analysis now concluding for the CSAH 42 Visioning Study and Corridor Management Plan identified a future quadrant intersection and a median U-turn intersection as representative long- term options,while other design possibilities may also be considered (for example, one or more displaced left turns). In practice, Dakota County's formal development plat review process will seek to preserve right-of-way and manage access for flexibility along CSAH 42 and CSAH 31. As noted above, following the County's access spacing guidelines will play into the preservation of space around this major junction.This should permit the existing partial non-signalized access at CSAH 31 & 152nd St and the same type of access at a new-development roadway&CSAH 42 as sketched 1/4-mile west of CSAH 31. However, we note AUAR Figure 6 and the 2016 Westwood memo (Figure 5) imply another connection to CSAH 42 located about 1/8-mile west of CSAH 31; spacing at less than 1/4-mile will not be permitted by Dakota County. Other elements noted in the AUAR 2021 update (end of Section 21, page 42) include development of supporting local roadways, including new network connections via 153rd Street and Johnny Cake Ridge Road. Dakota County sees these details as important elements toward a complete roadway system to serve the development phases proposed in the AUAR. 3. Metropolitan Council Comment Response 7. Project Magnitude The Rockport site will have more employment-bearing uses Comment noted.The City will than planned in the City of Apple Valley's 2040 coordinate with the Comment Response Comprehensive Plan.The AUAR discusses the addition of Metropolitan Council to make 1,000 housing units (680 single-family, 320 multi-family and adjustments to the TAZ's within attached), 1,020,000 sq feet of light industrial space, the part of the City as needed. 1,215,000 sq feet of office/industrial space, and 986,000 sq feet of retail/commercial (table 21.2).The new employment implied is 3,500-4,000 jobs.This would exceed the employment growth forecast for the entire city. The City has prepared a set of TAZ allocations with its 2040 Comprehensive Plan and the forecasts for TAZ #618 (the quarry area) and #619 (east of Pilot Knob Road, already developed as residential) should be reviewed and updated. • TAZ #619 is almost fully developed.The forecast for that zone should be reduced by 300 households and 600 population. • TAZ #618 is the former quarry area.The forecast for that zone should be increased by 300 households,600 population, and whatever amount of employment is expected by 2040,proportionate with built space expectations.The current TAZ#618 allocation is for only +80 jobs added during 2020-2040.This AUAR discusses an amount of built space that could accommodate 3,500- 4,000 jobs. • Other TAZs in Apple Valley can be adjusted to balance the forecast changes in TAZs#618 and 619.The TAZ allocation can be updated with the next comprehensive plan amendment. Please contact Council staff to discuss. 4. Minnesota Department of Natural Resources (DNR) Comment Response 11. Fish, Wildlife and Sensitive Resources Blanding's turtles, a protected state-listed threatened Comment noted. species, has been documented in the vicinity of this project area.Stormwater features may be colonized by Blanding's turtles in the area, therefore we recommend incorporating measures to avoid impacting this species into stormwater management. In years when the stormwater features will be dredged to remove excess sediment, please draw down water levels by September 15th in order to allow turtles to find overwintering habitat elsewhere. We recommend that BWSR-approved, weed-free, native Comment noted.The City will seed mixes be used to the greatest degree possible in continue to encourage stormwater features and parklands in order to provide developers to utilize native and habitat for the federally endangered rusty patched pollinator friendly landscape bumblebee and other pollinators. elements within the AUAR study area. Comment Response While current wildlife habitat in the project area is limited, as Comment noted. the site is redeveloped, interaction with and use by rare species may increase. As mentioned in the previous comments, stormwater features can be colonized by Blanding's turtles in the area and avoidance measures should be factored into stormwater pond maintenance. 12. Physical Impacts on Water Resources Please note that if the placing of culverts or bridges over Comment noted.The Proposer the water course requires the water flowing in the water will evaluate the need for an course to be pumped or diverted in volumes that exceed additional DNR Water 10,000 gallons per day, or one million gallons per year, then Appropriations Permit. If a permit a DNR Water Appropriation Permit is most likely needed for is required, Proposer will follow the appropriation. the procedures to submit an application to the DNR. 13. Water Use Once the wells that are used as the water sources for Comment noted. washing gravel have been sealed, then there will need to be a request to terminate DNR Water Appropriation Permit 1995-6151. However, if the wells are not sealed and will be used in the new development, then DNR Water Appropriation Permit 1995-6151 will need to be transferred to the new owner of the property to allow the wells to continue to be used. 5. Minnesota Pollution Control Agency (MPCA) Comment Response 6. Project Description Thank you for the opportunity to review and comment on Comment noted. the Alternative Urban Areawide Review (AUAR) Update for the Rockport, LLC project (Project) located in the city of Apple Valley, Dakota County, Minnesota.The Project consists of a 558-acre mixed use development. Minnesota Pollution Control Agency (MPCA) staff has reviewed the AUAR Update and have no comments at this time. 6. Vermillion River Watershed Joint Powers Organization (VRWJPO) Commenl Response 6. Project Description STORMWATER AND PARKLAND Comment noted. The plan states that the developer will be responsible for the installation of additional storm water management ponds and parks in accordance with the City of Apple Valley's adopted SWMP. This portion of Apple Valley drains to East Lake in Lakeville. The water quality impairment at East Lake requires Apple Valley to reduce pollutant loading to East Lake through the City's National Pollutant Discharge Elimination System (NPDES) MS4 permit. Implementing practices as part of new construction to address impairments is significantly more cost-effective compared to retrofitting existing developed areas of the City. If it hasn't been performed already, the VRWJPO recommends that the City update its SWMP to identify this study area as a priority for stormwater improvements beyond those improvements that are already required as part of development that directly address the impairment. 10. Cover Types Table 10-1:This table identifies cover type as the site has Comment noted. Estimated progressed through planning since 2007. The water quality proposed cover type acreages impairment at East Lake and the need for additional were created based on stormwater treatment to address the impairment wouldn't proposed land uses. As site plans have been factored into the 2016 planning. As a result, it is are further developed, the suggested that the City recommend to the proposer that Proposer will evaluate those they revisit the acreages of various cover types to plans with the City regarding implement more pervious area as a more cost-effective proposed stormwater treatment and lower maintenance way of addressing the impairment. methods and best management practices. Specific amounts of pervious surfaces will be determined at a later date as the site design advances.The future development will adhere to applicable stormwater management guidelines of the City of Apple Valley and the VRWJPO. 13. Water Surface Use Table 13-2: VRWJPO staff do not know if the expected Comment noted.The Proposer water demand shown accounts for irrigation of lawns and will review and consider landscapes. If these estimates do account for irrigation of methods of water use mitigation proposed development within the study area, and given such as drought tolerant that 2040 projections of water use and demand show vegetation and stormwater significant stress on local drinking water aquifers, the water harvest/reuse as design and use estimates could be lessened if stormwater harvest and reuse would be considered as aprimary source of irrigation Comment Response water for the developed site with municipal water supply as development of the AUAR study a secondary or backup source. area progresses. 17. Water Quality-Surface Water Runoff This section indicates that "infiltration areas will also be Comment noted.The Proposer designed into the final development plan to will follow stormwater accommodate the infiltration of the first one-half inch of management requirements. storm water resulting from any rainfall event." This meets the requirement of the City drainage code for all sites including new development, redevelopment, or other sites. In addition, the City's adopted SWMP (see policy 6.6, page 5- 7) and the VRWJPO Standards require that sites "of one acre or more of new impervious area are required to keep runoff volume for the 2-year 24-hour storm at or under the runoff volume for the existing condition. The state minimum under the NPDES General Construction Permit also requires volume control for the first inch of stormwater runoff generated from new impervious surface. Development within the AUAR should be applying the most conservative of these requirements in determining the level of volume control needed to satisfy all requirements. 18. Water Quality-Wastewaters The City could consider providing incentives to the Comment noted.This is a City- developer for exceeding current City and Watershed level policy decision. As such, requirements to address the water quality impairment in the City will evaluate these East Lake. The VRWJPO could financially assist in providing opportunities as the AUAR study those incentives if the City were to pursue this option. area redevelops. This section indicates that "infiltration areas will be designed Comment noted. Developers will to accommodate infiltration of the first one-half inch of evaluate and implement storm water resulting from any rainfall event." As stated appropriate stormwater above in regard to the comment for page 26, the AUAR management infrastructure as should be updated to include all stormwater volume redevelopment occurs with the control requirements so the most conservative can be AUAR study area. applied to development within the AUAR. ATTACHMENT E: AGENCY COMMENT LETTERS j:41 C 0 U N r Y January 6, 2021 Thomas Lovelace City of Apple Valley 7100 West 147th Street Apple Valley, MN 55124 Thank you for the opportunity to review the Alternative Urban Areawide Review(AUAR) Update for Rockport, LLC project. County Physical Development Staff reviewed the document and offer the following comments for consideration. Transportation Dakota County Transportation staff reviewed Apple Valley's AUAR Rockport, LLC Redevelopment.Our limited review of the document focused on transportation planning,traffic impacts/mitigations,and proposed access to CSAH 31 and CSAH 42(AUAR Section 21 and supporting information).We understand the AUAR provides a 2021 update of the original 2016 documentation. As noted in Section 21,the development area's traffic generation and the basic traffic impacts are considered the same today as reported in 2016.This is reasonable,with most of the near-term emphasis on the AUAR's Phase 1 traffic generation.We note that the 2021 update on Traffic Generation and Assumed Land Use notes correctly: "Dakota County access spacing guidelines will need to be followed when connecting to County roadways."The subsection Traffic Routes and Traffic Generation Updates references in the 2016 text that Dakota County's 2030 Transportation Plan identified the CSAH 31 intersections with both CSAH 42 and CSAH 46 as having potential be overcapacity by 2030,with likelihood for improvement to interchanges. Please review the Dakota County 2040 Transportation Plan at https://www.co.dakota.mn.us/Transportation/PlanningPrograms/Documents/2040TransoortatianPlan.pdf. This recent update and other current planning have confirmed the general potential for future intersection capacity concerns at the above-noted intersections. However, Dakota County's updated analyses to 2040 have found that high-capacity at-grade intersection layouts should suffice at these locations into the foreseeable future. Regardless, these junctions will require significant space for traffic lanes, multi-use trails,and other design elements. For this AUAR Update review,the most relevant major intersection is CSAH 42&CSAH 31. Planning analysis now concluding for the CSAH 42 Visioning Study and Corridor Management Plan identified a future quadrant intersection and a median U-turn intersection as representative long-term options,while other design possibilities may also be considered (for example,one or more displaced left turns). In practice, Dakota County's formal development plat review process will seek to preserve right-of-way and manage access for flexibility along CSAH 42 and CSAH 31.As noted above,following the County's access spacing guidelines will play into the preservation of space around this major junction.This should permit the existing partial non-signalized access at CSAH 31& 152"d St and the same type of access at a new-development roadway&CSAH 42 as sketched 1/4-mile west of CSAH 31. Physical Development Division P 952-891-7000 F 952-891-7031 W www.dakotacounty.us A Dakota County Western Service Center • 14955 Galaxie Ave. • Apple Valley • MN 55124 However,we note AUAR Figure 6 and the 2016 Westwood memo(Figure 5)imply another connection to CSAH 42 located about 1/8-mile west of CSAH 31;spacing at less than 1/4-mile will not be permitted by Dakota County. Other elements noted in the AUAR 2021 update(end of Section 21,page 42)include development of supporting local roadways,including new network connections via 153rd Street and Johnny Cake Ridge Road.Dakota County sees these details as important elements toward a complete roadway system to serve the development phases proposed in the AUAR. Thank you for the opportunity to review the AUAR Update. Dakota County will look forward to additional reviews and collaborations to support this development area and future transportation elements. Environmental Resources Environmental Resources conducted an Environmental Review of the subject area relating to the Rockport, LLC AUAR 2021 update request from the City of Apple Valley. Known or suspected sites of environmental concern were identified on the subject properties and adjacent to the subject properties. Refer to the attached 2021 Environmental Review Map and Report for additional information. An Environmental Review(ER)was completed in 2016 for the Fischer Sand&Aggregate AUAR 2016 Update; known or suspected sites of environmental concern were identified on the subject properties and adjacent to the subject properties. The 2016 ER map and report and comments to the AUAR 2016 Update were submitted in September 2016. From the AUAR: 6. Project Description b.,Street Network, Page 10 "Rockport has petitioned the City for street and infrastructure improvements,north of the proposed 155th Street West,to facilitate potential development on parcels adjacent to Pilot Knob Road,north of 155`h Street West." Dakota County Site 3072—Fischer Sand Metropolitan Airports Commission Soil was identified in this area of the subject properties. County records indicate possible petroleum impacted soil may be or has been present on the subject property. This should be evaluated prior to redevelopment and/or infrastructure installation. 20.Solid Wastes; Hazardous Waste;Storage Tanks,a., Page 34 Known or suspected sites of environmental concern were identified on the subject properties. Known or suspected sites of environmental concern were also identified adjacent to the subject properties. Refer to the attached 2021 Environmental Review Map and Report for additional information. Dakota County Well Inspectors reviewed any previous audits,historic plat maps,historic aerial photography,well construction records,well sealing records and/or well disclosure statements that Dakota County has available for the Rockport AUAR. Findings by parcel identification number(PIN)are listed below: • PIN 010350025010 15305 Johnny Cake Ridge Rd-Sealed well H223261 likely associated with habitation documented on 1874, 1896 and 1916 plat maps and visible on,air photos from 1937 to 1974.There are three wells for industrial use at the Fischer Gravel Pit that are not sealed, Minnesota Unique Well Numbers:497931,481816,and 645048.When the wells are no longer in use they must be sealed by a licensed well contractor. • PIN 010350003012 15255 Johnny Cake Ridge Rd-There are three wells for industrial use at the Fischer Gravel Pit that are not sealed, Minnesota Unique Well Numbers:481815,497932 and 497933.When the wells are no longer in use they must be sealed by a licensed well contractor. Physical Development Division P 952-891-7000 F 952-891-7031 W www.dakotacounty.us A Dakota County Western Service Center • 14955 Galaxle Ave. • Apple Valley • MN 55124 • PIN 011825001010 5868 150th St W—There are no suspected wells on this parcel. • PIN 010350001010 5732 150th St W—The only suspected well is sealed;sealing number H339471. • PIN 010350001020 57XX 150th St W-The only suspected well is sealed;sealing number H339470. • PIN 010350002011 15303 Johnny Cake Ridge Rd-There is likely an unsealed well associated with habitation mapped on the 1874 plat map.There is no well sealing record for this parcel.A well sealing record is the legal document to prove a well was sealed by a licensed well contractor. A search for the well should be conducted.A county well inspector can be contacted to do a magnetometer survey by calling 952-891-7000 or a private company can be hired to do a geophysical survey. • PIN 015589100050 15497 Pilot Knob Rd-There are two sealed well on this parcel,sealing numbers H163324 and H163325. • PIN 015589100050 15497 Pilot Knob Rd—There are no suspected wells on this parcel. • PIN 015589101040 15497 Pilot Knob Rd—There are no suspected wells on this parcel. • PIN 015589101010 15497 Pilot Knob Rd—There are no suspected wells on this parcel. • PIN 015589101020 15497 Pilot Knob Rd—There are no suspected wells on this parcel. • PIN 010350075017 15497 Pilot Knob Rd—There is one well for industrial use at the Fischer Gravel Pit that is not sealed, Minnesota Unique Well Number553573.When the wells are no longer in use they must be sealed by a licensed well contractor. The property owner should be consulted about the location of the wells.Active, unused,and sealed wells must be protected from damage due to construction activities. The well construction and sealing records,and a map of the well locations is available upon request by contacting Vanessa Demuth, Dakota County Well Inspector at vanessa.demuth@co.dakota.mn.us. Contact Environmental Resources at 952-891-7000 or cnviion@co.dakota.mn.us for any additional information. Dakota County looks forward to working with the City of Apple Valley and Rockport LLC.on the continued development of the North Creek Greenway If you have any questions relating to our comments, please contact me at 952-891-7007 or Steven.Mielke@co.dakota.mn.us Sincerely, Steven C. Mielke, Director Physical Development Division cc: Commissioner Mary Hamann-Roland, District 7 Matt Smith,County Manager Physical Development Division P 952-891-7000 F 952-891-7031 W www.dakotacounty.us A Dakota County Western Service Center • 14955 Galaxie Ave. • Apple Valley • MN 55124 January 6, 2022 Tom Lovelace, City Planner City of Apple Valley 7100 West 147th Street Apple Valley, MN 55124 RE: City of Apple Valley—Rockport, LLC Alternative Urban Areawide Review Update (AUAR) Update Metropolitan Council Review File No. 20075-4 Metropolitan Council District No. 16 Dear Tom Lovelace: Metropolitan Council received the Rockport, LLC AUAR Update on December 21, 2021. The AUAR represents the 5-year update required under environmental rules for a study area of approximately 558 acres located in the southeast corner of the City of Apple Valley. Council staff reviewed the Draft and Final AUAR (formerly titled Fischer Sand and Aggregate AUAR) in 2007, along with the first 5-year update in 2016. Metropolitan Council staff completed its review of the Rockport, LLC AUAR Update to determine its accuracy and completeness in addressing regional concerns. Staff concludes that the AUAR Update is complete and accurate with respect to regional concerns and does not raise major issues of consistency with Council policies. However, staff offers the following comments for your consideration: Item 7. Project Magnitude (Todd Graham, 651-602-1322) The Rockport site will have more employment-bearing uses than planned in the City of Apple Valley's 2040 Comprehensive Plan. The AUAR discusses the addition of 1,000 housing units (680 single-family, 320 multi-family and attached), 1,020,000 sq feet of light industrial space, 1,215,000 sq feet of office/industrial space, and 986,000 sq feet of retail/commercial (table 21.2). The new employment implied is 3,500—4,000 jobs. This would exceed the employment growth forecast for the entire city. The City has prepared a set of TAZ allocations with its 2040 Comprehensive Plan and the forecasts for TAZ#618 (the quarry area)and #619 (east of Pilot Knob Road, already developed as residential) should be reviewed and updated. • TAZ#619 is almost fully developed. The forecast for that zone should be reduced by 300 households and 600 population. • TAZ#618 is the former quarry area. The forecast for that zone should be increased by 300 households, 600 population, and whatever amount of employment is expected by 2040, proportionate with built space expectations. The current TAZ#618 allocation is for only +80 jobs added during 2020-2040. This AUAR discusses an amount of built space that could accommodate 3,500— 4,000 jobs. 390 Robert Street North Saint Paul, MN 55101-1605 P 651.602.1000 I TTY. 651.291.0004 I metrocouncil.org METROPOLITAN COUNCIL Other TAZs in Apple Valley can be adjusted to balance the forecast changes in TAZs#618 and 619. The TAZ allocation can be updated with the next comprehensive plan amendment. Please contact Council staff to discuss. The Council will not take formal action on the AUAR Update. If you have any questions or need further information, please contact Patrick Boylan, Principal Reviewer, at 651-602-1438 or via email at patrick.boylan@metc.state.mn.us. Sincerely, dlyp&i.tv4-Alk Angela R. Torres, AICP, Manager Local Planning Assistance CC: Tod Sherman, Development Reviews Coordinator, MnDOT- Metro Division Wendy Wulff, Metropolitan Council District No. 16 Judy Sventek, Water Resources Manager Patrick Boylan, Sector Representative/ Principal Reviewer Reviews Coordinator N:ICommDevILPAICommunitieslApple ValleylLetterslApple Valley 2022 Rockport LLC AUAR Update 20075-4.docx Page-2 I January 6,2022 I METROPOLITAN COUNCIL mDEPARTMENT OF NATURAL RESOURCES Division of Ecological and Water Resources Transmitted by Email Region 3 Headquarters 1200 Warner Road Saint Paul, MN 55106 January 06, 2022 Tom Lovelace, City Planner City of Apple Valley 14698 Galaxie Avenue Apple Valley, MN 55124 Dear Tom Lovelace, Thank you for the opportunity to review the Rockport, LLC AUAR in Dakota County.The DNR respectfully submits the following comments for your consideration: 1. Page 11, Stormwater and Parkland; Page 61,Section 11 Mitigation Plan. Blanding's turtles, a protected state-listed threatened species, has been documented in the vicinity of this project area. Stormwater features may be colonized by Blanding's turtles in the area,therefore we recommend incorporating measures to avoid impacting this species into stormwater management. In years when the stormwater features will be dredged to remove excess sediment, please draw down water levels by September 15th in order to allow turtles to find overwintering habitat elsewhere. 2. Page 11, Stormwater and Parkland. We recommend that BWSR-approved, weed-free, native seed mixes be used to the greatest degree possible in stormwater features and parklands in order to provide habitat for the federally endangered rusty patched bumblebee and other pollinators. 3. Page 21, Physical Impacts on Water Resources. Please note that if the placing of culverts or bridges over the water course requires the water flowing in the water course to be pumped or diverted in volumes that exceed 10,000 gallons per day, or one million gallons per year,then a DNR Water Appropriation Permit is most likely needed for the appropriation. 4. Page 23, Water Use. Once the wells that are used as the water sources for washing gravel have been sealed,then there will need to be a request to terminate DNR Water Appropriation Permit 1995-6151. However, if the wells are not sealed and will be used in the new development,then DNR Water Appropriation Permit 1995-6151 will need to be transferred to the new owner of the property to allow the wells to continue to be used. 1 5. Page 28, Stormwater. The DNR recommends that stormwater ponds be used for irrigating the landscaping in the development if infiltration is not feasible. 6. Page 28, Rare Features. While current wildlife habitat in the project area is limited, as the site is redeveloped, interaction with and use by rare species may increase. As mentioned in the previous comments, stormwater features can be colonized by Blanding's turtles in the area and avoidance measures should be factored into stormwater pond maintenance. Thank you again for the opportunity to review this document. Please let me know if you have any questions. Sincerely, Melissa Collins Regional Environmental Assessment Ecologist I Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Phone: 651-259-5755 Email: melissa.collins@state.mn.us CC: Peter Fischer, Rockport, LLC Equal Opportunity Employer 2 mMINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North I St.Paul,Minnesota 55155-4194 I 651-296-6300 800-657-3864 I Use your preferred relay service I info.pca@state.mn.us I Equal Opportunity Employer January 5,2022 Tom Lovelace City Planner City of Apple Valley 7100 West 147th Street Apple Valley,MN 55124 Re: Rockport, LLC Alternative Urban Areawide Review Update Dear Tom Lovelace: Thank you for the opportunity to review and comment on the Alternative Urban Areawide Review (AUAR) Update for the Rockport, LLC project(Project) located in the city of Apple Valley, Dakota County, Minnesota.The Project consists of a 558 acre mixed use development. Minnesota Pollution Control Agency(MPCA)staff has reviewed the AUAR Update and have no comments at this time. We appreciate the opportunity to review this project. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately,it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this AUAR Update, please contact me by email at Karen.kromar@state.mn.us or by telephone at 651-757-2508. Sincerely, Ka.ret<v Kram,ar This document has been electronically signed Karen Kromar Project Manager Environmental Review Unit Resource Management and Assistance Division KK:rs cc: Dan Card,MPCA,St. Paul krd ir a .r I Vermillion River w at e r shed reflecting life January 6, 2022 Tom Lovelace City Planner City of Apple Valley 7100 West 147th St. Apple Valley, MN 55124 RE: Rockport,LLC.Alternative Urban Areawide Review(AUAR)2021 Update Comments The Vermillion River Watershed Joint Powers Organization (VRWJPO)appreciates the opportunity to comment on the Rockport, LLC.AUAR 2021 Update. Based on our review of the AUAR,VRWJPO staff offer the following comments for consideration: ■ Page 11,Stormwater and Parkland • 2021 Update: The plan states that the developer will be responsible for the installation of additional storm water management ponds and parks in accordance with the City of Apple Valley's adopted SWMP. This portion of Apple Valley drains to East Lake in Lakeville. The water quality impairment at East Lake requires Apple Valley to reduce pollutant loading to East Lake through the City's National Pollutant Discharge Elimination System (NPDES) MS4 permit. Implementing practices as part of new construction to address impairments is significantly more cost-effective compared to retrofitting existing developed areas of the City. If it hasn't been performed already,the VRWJPO recommends that the City update its SWMP to identify this study area as a priority for stormwater improvements beyond those improvements that are already required as part of development that directly address the impairment. • Page 15, Cover Types • Table 10-1:This table identifies cover type as the site has progressed through planning since 2007. The water quality impairment at East Lake and the need for additional stormwater treatment to address the impairment wouldn't have been factored into the 2016 planning. As a result,it is suggested that the City recommend to the proposer that they revisit the acreages of various cover types to implement more pervious area as a more cost-effective and lower maintenance way of addressing the impairment. • Page 23,Water Use Table 13-2:VRWJPO staff do not know if the expected water demand shown accounts for irrigation of lawns and landscapes. If these estimate do account for irrigation of proposed development within the study area,and given that 2040 projections of water use and demand show significant stress on local drinking water aquifers,the water use estimates could be lessened if stormwater harvest and reuse would be considered as a primary source of irrigation water for the developed site with municipal water supply as a secondary or backup source. • Page 26,Quantity and Quality of Site Runoff before and After the Project Vermillion River Watershed Joint Powers Organization 4100 220th Street West,Suite 103, Farmington, Minnesota 55024 1952.891.7000 I Fax 952.891.7588 • This section indicates that"infiltration areas will also be designed into the final development plan to accommodate the infiltration of the first one-half inch of storm water resulting from any rainfall event."This meets the requirement of the City drainage code for all sites including new development,redevelopment,or other sites. In addition,the City's adopted SWMP(see policy 6.6, page 5-7)and the VRWJPO Standards require that sites"of one acre or more of new impervious area are required to keep runoff volume for the 2-year 24-hour storm at or under the runoff volume for the existing condition The state minimum under the NPDES General Construction Permit also requires volume control for the first inch of stormwater runoff generated from new impervious surface. Development within the AUAR should be applying the most conservative of these requirements in determining the level of volume control needed to satisfy all requirements. • Page 28, Stormwater Issues • 2021 Update:The City could consider providing incentives to the developer for exceeding current City and Watershed requirements to address the water quality impairment in East Lake. The VRWJPO could financially assist in providing those incentives if the City were to pursue this option. • Page 64,Water Quality:Surface Water Runoff-Mitigation Plan • This section indicates that"infiltration areas will be designed to accommodate infiltration of the first one-half inch of storm water resulting from any rainfall event." As stated above in regard to the comment for page 26,the AUAR should be updated to include all stormwater volume control requirements so the most conservative can be applied to development within the AUAR. Thank you for the opportunity to review and comment on the Rockport, LLC.AUAR 2021 Update. Sincerely, Mark Ryan Travis Thiel VRWJPO Water Resources Engineer Senior Watershed Specialist 2 Vermillion River Watershed Joint Powers Organization I II 1 ••:. ITEM: 4.E. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Authorize Soliciting Request for Proposals for Apple Valley Family Aquatic Center Master Plan Project Related to Potential Parks Bond Referendum Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Authorize soliciting Request for Proposals for an Apple Valley Family Aquatic Center Master Plan Project related to a Potential Parks Bond Referendum with receipt due by March 18, 2022. SUMMARY: Staff is seeking authorization to release RFP's to solicit aquatic facility consulting services for projects related to a future Parks Bond Referendum. On September 30, 2021, the City Council met with the Parks and Recreation Advisory Committee in an informal meeting to discuss the Future of the Parks and Recreation System. The Council provided consensus direction to the PRAC and staff to begin a process to engage the community and explore if there is support for a Parks Bond Referendum that would: • Update our community and neighborhood parks and trail system • Reinvest in our major recreational facilities which include the community center, senior center, aquatics, and arenas • Redesign/construct new park master plans for Alimagnet, Kelley, Farquar, and Redwood parks The planning process will seek input from residents and park users to determine their future needs and interests so we can provide the appropriate level of parks and recreational facilities. A tentative schedule for the planning process is: Friday, February 11, 2022 RFP Issued Friday, March 18, 2022 Proposals Due Friday, April 14, 2022 Notice of Award April — July , 2022 Develop Master Plan(s) August 2022 Review with Park & Recreation Advisory Committee August/September 2022 Review/Approval by City Council BACKGROUND: One of the City's adopted goals is to plan for the City's long-term system needs, including a possible Parks and Recreation Bond Referendum. As the Council is aware, the City has park system assets with a value that exceeds $31,000,000 (not including the aquatic center, community center, senior center, or arenas) and many of the amenities (playgrounds, courts, trails, parking lots) are nearing the end of their useful life and will need to be replaced in the next few years. BUDGET IMPACT: A project budget has been established at $20,000. Adequate funding has been allocated in the Parks Administrative Budget (1700.6235) for this expenditure. ATTACHMENTS: Exhibit REQUEST FOR PROPOSAL PROFESSIONAL DESIGN SERVICES Outdoor Aquatic Center Planning ••• •••• ••• Apple111.. 1. Valley Apple Valley Family Aquatic Center Date of Issue: Friday, February 11, 2022 Proposals Due: Friday, March 18, 2022 Notice of Award: Friday, April 14, 2022 City of Apple Valley Parks and Recreation Department 14603 Hayes Road Apple Valley, MN 55124 11Page Requested Services The City of Apple Valley is soliciting the professional design services of an aquatic architectural firm to evaluate potential improvements and necessary replacements at the existing Apple Valley Family Aquatic Center in preparation for a future Parks Bond Referendum. The selected firm will be responsible for guiding residents, the Parks and Recreation Advisory Committee, City Council and staff through a planning design process including the creation of facility concepts and amenities, operational budget development, market/operational assessment and cost estimates as outlined in this proposal. Introduction The City of Apple Valley has a 2020 Census population of 56,374 and is a community that encompasses 18 square miles. Apple Valley has 51 city parks that cover nearly 900 acres. The City has two outdoor pools, two separate sheets of indoor ice, a standalone senior center, a community center and an 18-hole municipal championship golf course. The City last made significant investments in the park and recreation system in 2007 and is preparing for a potential Parks Bond Referendum in the future. A budget estimate for the planning effort has been established at $20,000. Procedure The following information is provided to assist you in delivering your proposal: • Number of hard copies needed: Two (2) • Provide an electronic PDF of the proposal. • Due date: Friday, March 18, 2022 by 4:00 p.m. • Mail or deliver proposal to: Eric Carlson— Parks & Recreation Director Apple Valley Parks & Recreation Department 7100— 147th Street West Apple Valley, MN 55124 • Questions please contact: Eric Carlson— Parks and Recreation Director Office Phone: 952-953-2310 Cell Phone: 763-350-8850 E-Mail: eric.carlson@applevalleymn.gov Wage Selection The City intends to review all proposals and will contact each proposer for additional information or interviews, as needed. A staff recommendation will be made to the Committee/City Council for their review at an upcoming meeting. Tentative Schedule Friday, February 11, 2022 RFP Issued Friday, March 18, 2022 Proposals Due Friday, April 14, 2022 Notice of Award April —July 2022 Develop Concept Plan(s) August 2022 Review with Park & Recreation Advisory Committee August/September 2022 Review/Approval by City Council Scope of Services The process may include but is not limited to the following tasks: • Site visit • Meeting with the owner to outline project • Gather appropriate data (City to provide information we have available) • Meet with Park and Recreation Advisory Committee as needed (could be a subcommittee) • Evaluate all mechanical, chemical, electrical, lighting, filtration systems for necessary improvements/updates/ rate useful life • Evaluate admission area for operational efficiencies • Evaluate bath house for necessary improvements/updates related to male/female/gender neutral customers • Evaluate all slides, supports, and stairs for necessary improvements/updates/rate useful life • Evaluate all concrete and pool shell components for necessary improvements/updates/useful life • Public meeting to seek interest(s) (including engaging BIPOC/underserved residents) • Development of on-line feedback method • Development of two -three high level concepts • Market, demographic, and operational assessment to see how it compares to other comparable aquatic facilities • Competitive market analysis, assess current and future program needs, determine user groups, help conduct stakeholder interviews, assess utilization rates review fee structure, develop operation cost impact analysis, develop revenue impact, and cost recovery level • Evaluate the concessions operation for necessary improvements/equipment/traffic patterns that will enhance the customer experience and increase revenue potential • Develop theming options that will enhance the customer experience and increase revenue potential Wage • Evaluate how technology could be implemented into our the operation to improve maintenance, safety, operations, customer experience • See Appendix A for additional site layout questions/idea • Establish a rough budget estimate(s) for each area/concept • Presentation of concepts to staff/public • Refinement of preferred concept • Public meeting to review concept plans • Meet with City Council to review preferred concept plan • Development of cost estimate for preferred concept(s) • Development of graphics to be used in referendum effort Proposal Content Please include the following detailed information in your proposal. Firm Information • Name/Address/Telephone • Website Firm History • Size of Firm/Staff • Years in Business • Organizational Chart of Firm Design Team (for this project) • Principal in Charge • Project Architect or Project Lead • Architect/Civil Engineer if necessary Design Team Specifics • Name • Years with Firm • Education • Licensure • Professional Experience • Pertinent Experience Representative Projects— Provide • Completion Date detailed information for no less than • Name, Location and Contact two (2) no more than three (3) • Narrative Description projects completed by your firm that • Photographs/ Images best represents a similar scope, • Size of Facility budget, program, and complexity. For • Budget each project please include: • Bid Amount • Final Cost Fee Structure—The City is requesting • Total "not to exceed" fee for the complete bill an hourly contract based on a "not to of services listed in Scope of Services portion exceed" amount provided in this of this document proposal. Please provide the • Estimated cost of reimbursable and any mark following: up • Hourly fee structure for each member of the project team Wage Apple Valley Family Aquatic Center 14421 Johnny Cake Ridge Road The original pool was opened in 1999 and the lazy river was added in 2009. The pool is typically open 70 days per season with an average attendance of 55,000 visitors annually. The process should include community engagement both in person and through the use of a community engagement platform such as Social PinPoint or Polco, etc. DISCLAIMER: This request for proposal is only a solicitation for information. The City of Apple Valley is not obligated to enter a contract,nor is it responsible for any costs associated with the preparation of proposals and interviews. The City reserves the right to reject any and all proposals and to interview firms which in the City's judgment will best meet the City's needs. SIPage Appendix A Site Layout Ideas Wage V a) Aquatic Center Front Entry and Building Improvements (Proposed) Crci rD Bathhouse Building: Overhaul of all showers.The original ones are prone to water waste and very old. Improve layout of the Front Gate ticketing area to operate through windows,like a movie theater ticket booth. Concession Building: Replace customer windows with openings large enough for people to stand upright when conversing. Review interior layout with specialist advisory firm to improve and streamline food service operations. 'Siillk Il , . ill lik .r r • Add Shade ov 8' tors at Front Gate rp.1iii, CONCESSION' BATI HO SE BUILDING I LDI NG mi • 1Th : : . .�, ■ P- 71 A / +u • � 3;: . . F /— i � lir: • op Possible Redevelopment Ideas for the Aquatic Center °' e remove Can these Iandscapefeatures bd? Can this be eliminated from the river Can wedosomethingwith this We could add another row of chai rs in these design? Itfomisa physical barherwe area? Almost never used by the areas. cannot seethrough. public. S rr • - { 1 I •� --;: ° ;.'' 7' .ill)1. rif-rl.r.: _ li ' c‘. n ‘.. A,,,,/, 4, ,,, :-.1 ., .,,,s1 . . . - ii. ..1 ,7-i Or• 1 .• ii, a. IF zi=is 1\ . I _ jtailiktia' = = - This bridge Can shade or + 4 " : ^ ! 4 • needs to be shaded chairs be .'l 0 f • i replaced in the y added at some -:k ;,V,, �! I next fewyears. of the Lifeguardiiii nr j stations? C) • 1 `l •i. '1(44: ' 0 , I ..14 ' • - ' 7...5. li • -- J 'JE T—ff\' I t.:'. 1 k^ e t ! f'' r,a'-'.i .q �! 4�airl +k E - % r I. 4 1 . !' -:4'!*-1'. '.1 ' : Can shade be added over some areas of Can this area be Can we do something withthe the shallow section? redeveloped in someway? river island? No public use currently. • ITEM: 4.F. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Plans and Specifications for Project 2022-101, 2022 Street& Utility Improvements, and Authorizing Advertisement for Receipt of Bids, on March 8, 2022, at 10:00 a.m. Staff Contact: Department/ Division: Brandon Anderson, City Engineer Public Works Department ACTION REQUESTED: Adopt resolution approving plans and specifications for Project 2022-101, 2022 Street & Utility Improvements, and authorizing advertisement for receipt of bids March 8, 2022, at 10:00 a.m. SUMMARY: The City of Apple Valley 2022-2026 Capital Improvement Program identifies potential utility replacement and street reconstruction work on the following Streets in the Apple Valley: • Redwood Drive • Juniper Lane (Bid Alternate 1) Scope of work includes total replacement of approx. 2,750 linear feet of sanitary sewer, water main and storm sewer and street reconstruction. A map of the proposed project area is attached (Figure 1). Sidewalks are NOT being proposed as part of the improvement project. This project is scheduled for construction in 2022. BACKGROUND: City Council adopted Resolution Number 2021-134 on August 26, 2021, directing the preparation of plans and specifications for Project 2022-101, 2022 Street & Utility Improvements. BUDGET IMPACT: Staff is anticipating higher unit prices this year due to the ongoing pandemic. Current construction estimates for the entire project area exceed budgeted dollars. The project bid documents are being set up to include an alternate bid item for completion of Juniper Lane to meet budget constraints. Juniper Lane may need to be phased into construction in 2023 depending on bid results. Redwood Lane from County Road 42 to Walnut is considered as part of the base bid. The final scope of work to meet budget will need to be confirmed prior to award of contract in the spring of 2022. Project costs and funding included in the preliminary 2022-2023 operating budget are summarized as follows: Estimated Project Costs: Budgeted Estimated Costs Costs: Construction Cost $1,650,000 $1,786,779 Bid Alternate 1 — Juniper Lane $720,000 Construction Contingency 82,500 125,339 Engineering, Contract Admin, Inspection, 327,500 327,500 Testing, Survey Total Estimated Cost $ 2,060,000 $ 2,959,618 Estimated Project Funding Sanitary Sewer Utility $ 389,500 $ 450,000 Water Utility 369,000 530,000 Storm Sewer Utility 307,500 250,000 Road Improvement Fund 984,000 1,719,618 Street Light 10,000 10,000 Total Estimated Funding $ 2,060,000 $ 2,959,618 ATTACHMENTS: Map Resolution Advertisement for Bid Imp ,, L4 IP JI1 iim r — iima aim y IIM — /-am ❑ IN or. 150th Street(Co. Rd 42) firloVIC �-! �._ I � ����� _ _ ,'10�111 �d1II`A. - ice IIII 1i ialill :IG�(:f l n �I11�■. itii I-m11ItA*;11Sriti � , r :1►-►� �► a„'vy ,)J I d• ara ragpa:la _� n: a :i♦®inp � .nOi ■.� Øi Aii II e • t-.I vim_ I♦nn� :nll % i Il7.1 i ■.Q��f "La r Q�llet,. ,. r ;. 0 N eraLL ..." _ �1■ . .- . :�I•ii'�� Cm ..�:C e-,, 1■ �I ..... 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Rd 46) 0 1 1500 3000 SCALE FEET •2022 STREET AND UTILITY IMPROVEMENTS (REDWOOD DR/JUNIPER LN) •• •••• ••• • 2022-101 Figure 1 Apple ii City of Apple Valley Valley CITY OF APPLE VALLEY RESOLUTION NO. 2022- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2022-101, 2022 STREET AND UTILITY IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2022-101, 2022 Street and Utility Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2022-101, 2022 Street and Utility Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2022-101, 2022 Street and Utility Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City's website and on the online Quest Construction Data Network, not less than ten(10) days prior to the opening of said bids. ADOPTED this 10th day of February, 2022 Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk SECTION 00 11 13 ADVERTISEMENT FOR BIDS Bids will be received electronically online only by the City of Apple Valley, Minnesota, through Quest CDN, until 10:00 A.M., CST, Tuesday, March 8, 2022, at which time they will be reviewed for the furnishing of all labor, materials, and all else necessary for the following: City Project 2022-101, 2022 Street and Utility Improvements 75 EA Clear and Grub Tree 2,500 LF Remove Sanitary Sewer 2,800 LF Remove Watermain 1,250 LF Remove Storm Sewer 5,400 LF Remove Curb and Gutter 15,300 SF Remove Concrete Walk, Driveway, and Valley Gutter 9,100 SY Remove Bituminous Street, Driveway, and Trail Pavement 15 EA Sanitary Sewer Structure 2,460 LF PVC Sanitary Sewer 53 EA Sanitary Sewer Service 2,850 LF DIP Watermain 52 EA Water Service 18 EA Storm Sewer Structure 1,650 LF RCP Storm Sewer 10,300 CY Common Excavation 14,600 TN Select Granular Borrow 6,700 TN CI 5 Aggregate Base 2,300 TN Bituminous Mixture 5,400 LF Concrete Curb and Gutter 17,300 SF Concrete Walk and Driveway 11,200 SY Sod 75 EA 2" Diameter Tree With related items Digital copies of the Contract Documents can be obtained at www.Questcdn.com. The Quest CDN project number is 8105836. Bidders can download the Contract documents for $20 by searching for the project on Quest CDN website's Project Search page. Instructions for online bidding are attached. Please contact QuestCDN.com, prior to bidding, at (952) 233-1632 for assistance with free membership registration, downloading, and submitting bids. For electronic bids, electronic bid bonds will also be accepted through Surety 2000 using contract #8105836. The bid bonds must be payable to the City of Apple Valley in the amount of five percent (5%) of the amount of bid, to be forfeited as liquidated damages in the event that the bid is accepted and the bidder shall fail to promptly enter into a written contract and furnish the required bond. Direct inquiries to Project Engineer, Alex Kabakov, at 651-955-1410. No bidder questions will be addressed after 10:00 am on Friday, March 4, 2022. Bid Security in the amount of 5 percent of the amount of the Bid must submitted through Surety 2000 and accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of CITY OF APPLE VALLEY ADVERTISEMENT FOR BIDS 2022-101 00 11 13 30 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota CITY OF APPLE VALLEY ADVERTISEMENT FOR BIDS 2022-101 00 11 13 • ITEM: 4.G. ..... :�. Apple ii COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Plans and Specifications for Project 2022-104, 133rd Street W. (Galaxie to Flagstaff) Street& Utility Improvements, and Authorizing Advertisement for Receipt of Bids, on March 8, 2022, at 12:00 p.m. Staff Contact: Department/ Division: Brandon Anderson, City Engineer Public Works Department ACTION REQUESTED: Adopt resolution approving plans and specifications for Project 2022-104, 133rd Street W. (Galaxie to Flagstaff) Street & Utility Improvements and authorizing advertisement for receipt of bids March 8, 2022, at 12:00 p.m. SUMMARY: The City of Apple Valley 2022 Capital Improvement Program identifies street reconstruction and water main replacement on 133rd St W from Galaxie Avenue to Flagstaff, including 133rd Court. The proposed street improvements consist of full street reconstruction. The proposed utility improvements include full replacement of trunk 20" water main, and storm sewer. Storm sewer is proposed to be extended through the neighborhood to facilitate drainage along the proposed concrete curb and gutter. Four-foot wide sidewalks are being replaced with five- foot wide sidewalks as part of the improvement project. An alternate bid item has been included for approx. 2,600 linear feet of sanitary sewer lining. A map of the proposed project area is attached (Figure 1). This project is tentatively scheduled for construction in 2022. BACKGROUND: On October 8, 2020, the City adopted a resolution directing preparation of plans and specifications for Project 2021-105, 2021 Street Improvements, which included 133rd Street W. from Galaxie to Flagstaff. This work was not included with 2021 Street Improvements due to unforeseen poor conditions of an existing 20" cast iron water main, which was not included in the original scope of work and the project was moved to 2022 to include replacement of water main. In May of 2021, Short Elliott Hendrickson, Inc., completed an evaluation of the existing 20" diameter cast iron water main located on 133rd Street W., between Galaxie Avenue and Flagstaff Avenue. The results confirmed that the water main is in poor condition and needs to be replaced. BUDGET IMPACT: Staff is proposing to utilize Federal American Rescue Plan Act (ARPA) Funds for the replacement of Trunk Water main portion of the work. The final funding source will need to be confirmed prior to award of contract in the spring of 2022. Project costs and funding included in the preliminary 2022-2023 operating budget are summarized as follows: Estimated Project Costs: Budgeted Estimated Costs Costs: Construction Cost $2,710,000 $2,485,731 Construction Cost— Bid Alternate 312,600 Construction Contingency 280,000 191,669 Engineering, Contract Admin, Inspection, 475,000 475,000 Testing, Survey Total Estimated Cost $ 3,465,000 $ 3,465,000 Estimated Project Funding Road Improvement Fund $ 1,490,000 $ 1,445,000 Water Utility Fund (proposed ARPA funds) 1,605,000 1,100,000 Storm Utility Fund 250,000 400,000 Sanitary Sewer Fund 100,000 500,000 Street Light Fund 20,000 20,000 Total Estimated Funding $ 3,465,000 $ 3,465,000 ATTACHMENTS: Map Resolution Advertisement for Bid :la 1 1 ii1i mu ' Inn iiiiiilf111ThII...... o' `� / 1 1 IIII ■I 1,-I- ---1--.---_m.,i-----am etii '.'fr4:Toov .40*:::,r 4 IIIII ■■■■■gi���■■��111:■is millis MI AIL MI :A� 1 � III ItIIlIjii,Jjir! 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Rd 46) 0 1500 3000 SCALE FEET ••• 133RD ST W (GALAXIE TO FLAGSTAFF) STREET AND UTILITY IMPROVEMENTS ••• •••• ••• • 2022-104 Figure 1 Apple City of Apple Valley Valley CITY OF APPLE VALLEY RESOLUTION NO. 2022- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2022-104, 133rd STREET W(GALAXIE TO FLAGSTAFF) STREET &UTILITY IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2022-104, 133rd Street W(Galaxie to Flagstaff) Street &Utility Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2022-104, 133rd Street W (Galaxie to Flagstaff) Street &Utility Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2022-104, 133rd Street W (Galaxie to Flagstaff) Street &Utility Improvements, at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City's website and on the online Quest Construction Data Network,not less than twenty-one (21) days prior to the opening of said bids. ADOPTED this 10th day of February, 2022 Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk SECTION 00 11 13 ADVERTISEMENT FOR BIDS Bids will be received electronically online only by the City of Apple Valley, Minnesota, through Quest CDN, until 12:00 P.M., CST,Tuesday, March 8th, 2022 at which time they will be reviewed for the furnishing of all labor, materials, and all else necessary for the following: City Proiect # 2022-104 133rd ST W (GALAXIE TO FLAGSTAFF) STREET &UTILITY IMPROVEMENTS 1,400 LF 4"PVC Sanitary Sewer Service Pipe 450 LF 8"Watermain Ductile Iron CI 52, incl V-BIO 2,550 LF 20"Watermain Ductile Iron CI 52, incl V-BIO 1,800 LF 1"Type K Copper Pipe 7 Each Gate Valve and Box (20", 24") 3,000 LF RC Pipe Storm Sewer (12", 15", 18", 21", 24") 38 Each Drainage Structures 5,100 Cu Yd Common Excavation 6,100 Cu Yd Aggregate Base Class 5 21,600 Sq Ft Concrete Walk(4", 6") 5,600 LF Concrete Curb and Gutter B618 11,100 Sq Yd Sod 2,600 LF 9"Sanitary Sewer Lining (Bid Alt) 54 Each Lining Sanitary Sewer Laterals (Bid Alt) With related items Digital copies of the Contract Documents can be obtained at www.auestcdn.com. The Quest CDN project number is 8115677. Bidders can download the Contract documents for $20 by searching for the project on Quest CDN website's Project Search page. Instructions for online bidding are attached. Please contact QuestCDN.com, prior to bidding, at (952) 233-1632 for assistance with free membership registration, downloading, and submitting bids. For electronic bids, electronic bid bonds will also be accepted through Surety 2000 using contract #8115677. The bid bonds must be payable to the City of Apple Valley in the amount of five percent (5%) of the amount of bid, to be forfeited as liquidated damages in the event that the bid is accepted and the bidder shall fail to promptly enter into a written contract and furnish the required bond. Direct inquiries to Engineer's Project Manager Brandon Anderson at (952) 953-2490. No bidder questions will be addressed after 10:00 am on Friday, March 4th, 2022. Bid Security in the amount of 5 percent of the amount of the Bid must submitted through Surety 2000 and accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 30 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota CITY OF APPLE VALLEY ADVERTISEMENT FOR BIDS 2022-104 00 11 13 • ITEM: 4.H. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Plans and Specifications for Project 2022-107, Greenleaf 6th & 7th Addition (Phase 1) Street Improvements, and Authorizing Advertisement for Receipt of Bids, on March 8, 2022, at 2:00 p.m. Staff Contact: Department/ Division: Brandon Anderson, City Engineer Public Works Department ACTION REQUESTED: Adopt resolution approving plans and specifications for Project 2022-107, Greenleaf 6th & 7th Addition (Phase 1) Street Improvements, and authorizing advertisement for receipt of bids March 8, 2022, at 2:00 p.m. SUMMARY: The City of Apple Valley 2022 Capital Improvement Program identifies potential street reconstruction and utility maintenance work for Greenleaf 6th and 7th Addition (Phase 1). The scope of work includes total replacement of 3,255 if of street, curb, gutter and sidewalk along with lining of the sanitary sewer, miscellaneous water main maintenance, storm sewer improvements and LED lighting upgrades. Bid Alternate 1 will be included as part of the bid package for the additional sanitary sewer lining scope of work. Estimates for this work are $270,725 which is more than the budgeted fund amount and was not included as part of original project scope. Sanitary sewer lining could be completed at a later date if necessary due to budget constraints. A map of the proposed project area is attached (Figure 1). This project is tentatively scheduled for construction in 2022. BACKGROUND: City Council adopted Resolution Number 2021-137 on August 26, 2021, directing the preparation of plans and specifications for Project 2022-107, Greenleaf 6th & 7th Addition (Phase 1) Street Improvements. BUDGET IMPACT: Staff is anticipating higher unit prices this year due to the ongoing pandemic. The estimated cost estimate exceeds the budgeted dollars due to modifying the scope of work from the original CIP to only include lining the sanitary sewer as a bid alternate. Project costs and funding included in the adopted 2022-2023 operating budget are summarized as follows: Estimated Project Costs: Budgeted Costs: Estimated Costs Construction Cost $1,610,000 $1,575,000 Bid Alternate No. 1 — Sanitary Sewer $270,725 Construction Contingency 161,000 196,000 Engineering, Contract Admin, Inspection, 244,000 244,000 Testing, Survey Total Estimated Cost $ 2,015,000 $ 2,285,725 Estimated Project Funding Road Improvement Fund $ 1,500,000 $ 1,500,000 Storm Sewer Fund 200,000 200,000 Water Utility Fund 75,000 75,000 Sanitary Sewer Fund 225,000 495,725 Street Light Utility 15,000 15,000 Total Estimated Funding $ 2,015,000 $ 2,285,725 ATTACHMENTS: Map Resolution Advertisement for Bid Wl.V.0112 1111P 4 r irigi =a •' / wpAtedieusi _ „a..., ,4._.... ( :, , 140th Street W lit I, a — i I. irINIPtif uRroi Is h.•pp,ri Armin❑r F r ►1111/U� .'�l re �i fir ��4 13 V ::m19111111-n ,�14lOWig. 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L�iry I. ��1• �:�• Q••O•` glln nnnn00► Iilii O■ ►�W•• 11 • •N..i-nmm►►p►n rgi!!!'" o rtrn .� ���� aly \\OII _ �.O��P. • .■a r � i try mlo ml om_ E _► 1 ��__. ►`► ■■IP.n ,7Gntl: .11/r►111h■ tim1 idm._ r n... • .,: ...� 11. uillui �i IIuF= • :��Opl 1� ►t uinunlwu�n0•� r�mm .�■ � � �_® ._� � PAT •a■♦1m►■au.. rtIlllllllllLftib ,,:,,,,,,, = _a .r,,,....., _-t -•' munoaint_s III ®� IIIIPGa*a k .1m■I,r. • — � ■ 1� -1 �� 1111111141b ❑ �n�1� �n eim ❑I �� ❑ LA gogp „, �• .f.,,.-4 ;sr a !1llniii•,� atl ar a.■m11 II I 1 rr..rm .9 ��g.anmry ■ iii''il,�I�I�I�I�In■ • I 14pP►n.m_ -_C . 9 l.##.:*4.•' •..U1E-..1,L"1,A 1 •n►O`Nisi 9 O ®® i �- f17=I i#r r t.:1,,•.i OM..'"41 Ii.-.•.,441:41,.6.7a 1: =i•EC ..►♦i i. ®Ii®®sue `i'�_ _ i�/ rri,4ia.'4iI(i,,,N,-:,-.11 1.....01 A,0.,L•.I..I- ♦I♦ �■�� ,/ii.� ►'♦ ,wry _ .11. ❑ `i� •_ ♦ ®nD i i it f i11 H m .•.♦' -. 11 -1 1�♦► i N.\� I-.Ia1�n�annnnap un 4'i'i1I�fi . � ... r •%R rn.nnTm /( 1 n■a■ .��Illll Xi �:11. iiiiiiin ®1 QJ ��, IL,I= �!'i ' r 7. - :• _-�Il '.�I n F,��►. n"mac• 1 ` ❑�r i r, k•iiiiin� ,vs!) r► 11 I1111111 . ...may.. I!►n 'unn �.0 ` ❑ ® a0^� _ , dui . J iI :l �• lip `i&Jc1i; = ` _ 1 .■�� El � - 1. m■'. vun 1 .$0•114g ii; iiii�r� ® ►� .• ��uni a �:IrAIDll�► 1 .O. Si IC • gym. 1 ®® Ill.:' ■1�ai� bOo ..��� • �-.. . •►1� . rl■ p :aft • .mlm .� ::;r• nunua•.. lOE 11160th Street(Co. Rd 46) 0 1500 3000 SCALE FEET ••• GREENLEAF 6TH & 7TH ADDITION (PHASE 1) STREET IMPROVEMENTS ••• •••• ••• . 2022-107 Figure 1 Apple ii City of Apple Valley Valley CITY OF APPLE VALLEY RESOLUTION NO. 2022- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2022-107, GREENLEAF 6TH & 7TH ADDITION (PHASE 1) STREET IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2022-107, Greenleaf 6th& 7th Addition(Phase 1) Street Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2022-107, Greenleaf 6th & 7th Addition (Phase 1) Street Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2022-107, Greenleaf 6th& 7th Addition (Phase 1) Street Improvements, at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City's website and on the online Quest Construction Data Network,not less than ten (10) days prior to the opening of said bids. ADOPTED this 10th day of February, 2022 Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk SECTION 00 11 13 ADVERTISEMENT FOR BIDS Bids will be received electronically online only by the City of Apple Valley, Minnesota, through Quest CDN, until 2:00 P.M., CST,Tuesday, March 8th, 2022, at which time they will be reviewed for the furnishing of all labor, materials, and all else necessary for the following: City Project 2022-107 Greenleaf 6th &7th Addition (Phase 1) Street Improvements 24 EA Clear and Grub tree 12800 SY Remove Bituminous Pavement 15975 LF Remove Curb and Gutter 1050 CY Common Excavation 8831 TN Select Granular Borrow 6000 TN CI 5 Aggregate Base 2892 TN Bituminous Pavement 7123 LF Concrete Curb and Gutter 4088 SY Sod/Seed 180 LF Remove storm pipe 1120 LF Install storm pipe With related items Digital copies of the Contract Documents can be obtained at www.questcdn.com. The Quest CDN project number is 8115596. Bidders can download the Contract documents for $20 by searching for the project on Quest CDN website's Project Search page. Instructions for online bidding are attached. Please contact QuestCDN.com, prior to bidding, at (952) 233-1632 for assistance with free membership registration, downloading, and submitting bids. For electronic bids, electronic bid bonds will also be accepted through Surety 2000 using contract #8115596. The bid bonds must be payable to the City of Apple Valley in the amount of five percent (5%) of the amount of bid, to be forfeited as liquidated damages in the event that the bid is accepted and the bidder shall fail to promptly enter into a written contract and furnish the required bond. Direct inquiries to Engineer's Project Manager Brandon Anderson at (952) 953-2490. No bidder questions will be addressed after 10:00 am on Friday, March 4, 2022. Bid Security in the amount of 5 percent of the amount of the Bid must submitted through Surety 2000 and accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 30 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota CITY OF APPLE VALLEY ADVERTISEMENT FOR BIDS 2022-107 00 11 13 • ITEM: 4.1. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Approve Joint Powers Agreement with Dakota County for State Health Improvement Program (SHIP) Grant Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Approve the Joint Powers Agreement (JPA) with Dakota County for State Health Improvement Program (SHIP) Grant and accept a $15,000 Active Living Dakota County SHIP Grant. SUMMARY: Staff is seeking authorization to sign a JPA with Dakota County and accept a $15,000 SHIP Grant that will assist the City in our community engagement efforts as we develop plans for the future of our parks and recreation system. The agreement has been reviewed by the City Attorney and found acceptable as to form. On September 30, 2021, the City Council met with the Parks and Recreation Advisory Committee in an informal meeting to discuss the Future of the Parks and Recreation System. The Council provided consensus direction to the Committee and staff to begin a process to engage the community and explore if there is support for a Parks Bond Referendum that would: • Update our community and neighborhood parks and trail system • Reinvest in our major recreational facilities which include the community center, senior center, aquatics, and arenas • Redesign/construct new park master plans for Alimagnet, Kelley, Farquar, and Redwood parks BACKGROUND: One of the City's adopted goals is to plan for the City's long-term system needs, including a possible Parks and Recreation Bond Referendum. As the Council is aware, the City has park system assets with a value that exceeds $31,000,000 (not including the aquatic center, community center, senior center, or arenas) and many of the amenities (playgrounds, courts, trails, parking lots) are nearing the end of their useful life and will need to be replaced in the next few years. The City Council authorized application of the grant application at the October 14, 2021, meeting. BUDGET IMPACT: The grant dollars will supplement City funding that has been allocated in the Parks Administrative Budget (1700.6235) for these planning exercises. ATTACHMENTS: Agreement DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract#C0034875 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF APPLE VALLEY This Joint Powers Agreement("Agreement")is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota,by and through its Physical Development Division, 1590 Highway 55, Hastings, Minnesota 55033 ("County"), and the City of Apple Valley ("City"), by and through their respective governing bodies. RECITALS WHEREAS, Minn. Stat. § 471.59 authorizes local government units to jointly and cooperatively exercise any power common to the contracting parties; and WHEREAS, City is a governmental unit and political subdivision of the State of Minnesota; and WHEREAS, County is a governmental unit and political subdivision of the State of Minnesota; and; WHEREAS, the County has received a grant of monies from the State of Minnesota acting through the Minnesota Department of Health Grant Project Agreement No. 183510, attached hereto as set forth in Exhibit A for implementation of the County's Statewide Health Improvement Program("SHIP"); and WHEREAS, the County and the City are desirous of entering into this Agreement so that the County and the City may share the cost for Public Engagement for Park and Recreation Facility Concept ("Project"). NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the County shall derive from this Agreement, the City and County hereby enter into this Agreement for the purposes stated herein. 1. Effective Date and Term. This Agreement shall be effective as of the dates of signature by the parties. This Agreement shall remain in effect until October 31, 2022 or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. 2. Grant of Monies. The County agrees to reimburse the City in an amount not to exceed $15,000 for costs incurred for Public Engagement for Park and Recreation Facility Concept during the period from the Effective Date through October 31, 2022. 3. Purpose. The purpose of this Agreement is to provide cooperation and funding by the County to the City so that the City can conduct a Public Engagement for Park and Recreation Facility Concept. All funds provided by the County are to be used by the City solely for this purpose. Dakota County Contract#C0034875 Page I 1 of 8 SHIP DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract#C0034875 4. Obligations of the City. Conduct Public Engagement for Park and Recreation Facility Design Concepts. The City will lead the study, utilizing a contract a consultant and shall be responsible for awarding contracts for the project. The study shall be conducted as more fully described in Exhibit B, Contract Deliverables for Public Engagement for Park and Recreation Facility Concept Funded by the Statewide Health Improvement Program(SHIP) and Exhibit C, Statewide Health Improvement Program (SHIP)Application for Local Funding, attached hereto and incorporated by reference herein. 5. Reimbursement. After this Agreement has been executed by both parties,the City may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with the Agreement. The County will reimburse the City within 45 calendar days of the City's submission of invoices to the County. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by September 15, 2022. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with Master Grant Contract No. 12-700-0068 attached hereto as set forth in Exhibit D, that it has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. 6. Miscellaneous. A. Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. The County's Authorized Representative is: Steven C. Mielke, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7007 Email: Steven.Mielke@co.dakota.mn.us Steven Mielke, or his successor, has the responsibility to monitor the City's performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The City's Authorized Representative is: Dakota County Contract#C0034875 Page 12 of 8 SHIP DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract#C0034875 Clint Hooppaw Mayor City of Apple Valley 7100 147th Street West Apple Valley, MN 55124 Telephone: 952.953.2504 Email: info@ci.apple-valley.mn.us In addition, notification to the City or to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated liaison under this Agreement, without necessitating an amendment of this Agreement. B. Assignment, Amendments, Waiver and Complete Agreement. i. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. ii. Use of Contractors. The City may engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (a) The contractor must maintain all records and provide all reporting as required by this Agreement. (b) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages,judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (c) The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms,which is attached an Incorporated as Exhibit E, and provide to the County, prior to commencement of the Dakota County Contract#C0034875 Page 13 of 8 SHIP DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract#C0034875 contracted work, a certificate of insurance evidencing such insurance coverage. (d) The contractor must be an independent contractor for the purposes of completing the contracted work. (e) The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (f) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. iii. Amendments. Any amendment to this Agreement must be in writing and executed by the County and the City. iv. Waiver. If the County fails to enforce any provision of this Agreement,that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. v. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and the City. No other understanding regarding this Agreement,whether written or oral may be used to bind either party. C. Indemnification. Each party to this Agreement shall be liable for the acts or omissions of its officers, directors, employees or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of the other party,its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts or omissions. In the event of any claims or actions asserted or 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. In order to insure a unified defense against any third-party liability claims arising from work of the Project, City agrees to require all contractors or subcontractors hired to do any work on the feasibility and alignment study to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the terms of the Project. Each Party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance company or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. Dakota County Contract#C0034875 Page 14 of 8 SHIP DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract#C0034875 D. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit,copy or abstract all of the books,records,papers or other documents relevant to this Agreement. The City shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all of such books,records, documents and other evidence for a period of six(6)years from the date of the completion of the activities funded by this Agreement. E. Data Practices. The City agrees with respect to any data that it possesses regarding the Agreement to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13,as the same may be amended from time to time. F. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. G. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice- of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. H. Nondiscrimination. The City agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the City agrees not to discriminate against any employee, applicant for employment, or participant in this Agreement because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. I. Compliance with Law. The City agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The City is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. J. Default and Remedies. i. Events of Default. The following shall,unless waived in writing by the County, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. Dakota County Contract#C0034875 Page 15 of 8 SHIP DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract#C0034875 ii. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the City written notice of an event of default, the City shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the City is using its best efforts to cure and is making reasonable progress in curing such events of default (the "Cure Period"). In no event shall the Cure Period for any event of default exceed two (2)months. Within ten(10) calendar days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take and the schedule required to cure the event of default. iii. Remedies. Upon the City's failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (a) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (b) The County may enforce any additional remedies it may have in law or equity. (c) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days' written notice to the City. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. For purposes of termination and default, all days are calendar days. L. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least the level relied on for the funding of this Agreement, and the non- appropriation of funds did not result from any act or bad faith on the part of the County. Dakota County Contract#C0034875 Page 1 6 of 8 SHIP DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract#C0034875 M. Ownership of Materials and Intellectual Property Rights. i. The County agrees to, and hereby does,assign all rights,title and interest it may have in the materials conceived or created by the City, or its employees or subgrantees, and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("Materials"). ii. The City represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. City shall indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Authority would otherwise possess. 7. Special Condition. The City understands and agrees that it will perform the work contemplated by this Agreement in such a way as to comply with and enable the County to comply with all of the requirements imposed upon the County by Grant Agreement No. 183510, attached hereto as Exhibit A and incorporated herein, including but not limited to the following: A. Any publicity given to the activities occurring as a result of this Agreement, including notices, informational pamphlets, press releases, research, reports, signs and similar public notices shall identify the State of Minnesota through the Minnesota State Department of Health("Department")as a sponsoring agency and shall not be released unless approved in writing by the Department's authorized representative. B. The City shall indemnify, save and hold the Department, its representatives and employees harmless from any and all claims or causes of action, including reasonable attorney fees incurred by the Department, arising from the performance of the activities funded by this Agreement by the City or its agents or employees. C. The City, by executing this Agreement, grants to the Department a perpetual, irrevocable,no-fee right and license to make,have made,reproduce,modify,distribute, perform and otherwise use the Materials for any and all purposes, in all forms and manners that the Department, in its sole discretion, deems appropriate. Dakota County Contract#C0034875 Page 17 of 8 SHIP DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract#C0034875 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA DocuSigned by: Is/Jennifer L. Wolf 12/28/21 By: S 2r374ADACDr34r4... Assistant County Attorney/Date Steven C. Mielke KS-21-660 Title: Director, Physical Development Division Date: 01/07/2022 1 1:51 PM CST Dakota County BR 21-587 CITY OF APPLE VALLEY By: Clint Hooppaw Title: Mayor Date: AND By: Pam Gackstetter Title: Clerk Date: Dakota County Contract#C0034875 Page 18 of 8 SHIP DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 1 of 11 DEPARTMENT CHB Grant Project Agreement Template STATE FUNDS Version 1.8,12/27/19 OF HEALTH Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board Minnesota Department of Health Grant AwardCoverSheet You have received a grant award from the Minnesota Department of Health (MDH). Information about the grant award, including funding details, are included below. Contact your MDH Grant Manager if you have questions about this cover sheet. ATTACHMENT: Grant Project Agreement CONTACT FOR MDH: Meredith Ahlgren, 651-201-5446, meredith.ahlgren@state.mn.us Grantee SWIFT Information Grant Agreement Information Funding Information Grant Agreement/Project Agreement Total Grant Funds(all funding sources): Name of MDH Grantee: Number:183510 Dakota County Community Health Board $782,859.00 Grantee SWIFT Vendor Number: Period of Performance Start Date: Total State Grant Funds: 0000197289 November 1,2020 $782,859.00 SWIFT Vendor Location Code: Period of Performance End Date: Total Federal Grant Funds: 001 October 31,2025 N/A Page 1 of 6 DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 2 of 11 DEPARTMENT CHB Grant Project Agreement Template STATE FUNDS Version 1.8,12/27/19 OF HEALTH Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board Minnesota Department of Health Community Health Board Grant Project Agreement This Grant Project Agreement, and amendments and supplements, is between the State of Minnesota, acting through its Commissioner of Health ( "State") and the Dakota County Community Health Board, an independent organization, not an employee of the State of Minnesota, 1 Mendota Rd. W., Suite 410, West St. Paul, MN 55118, ("Grantee"). 1. Under Minnesota Statutes 144.0742, the State is empowered to enter into a contractual agreement for the provision of statutorily prescribed public health services; 2. The State and the Grantee have entered into Master Grant Contract number 12-700-00068 ("Master Grant Contract") effective January 1, 2015 or subsequent Master Grant Contracts and amendments and supplements thereto; 3. The State, pursuant to Minnesota Statutes 145.986, is empowered to award Statewide health Improvement Partnership (hereinafter"SHIP")grants to convene, coordinate, and implement evidence-based strategies targeted at reducing the percentage of Minnesotans who are obese or overweight and at reducing the use of tobacco; and 4. The Grantee represents that it is duly qualified and willing to perform the duties described in this grant project agreement to the satisfaction of the State. Pursuant to Minnesota Statutes Section 16B.98, subdivision 1,the Grantee agrees to minimize administrative costs as a condition of this grant. NOW,THEREFORE, it is agreed: 1 Incorporation of Master Grant Contract.All terms and conditions of the Master Grant Contract are hereby incorporated by reference into this grant project agreement. 2 Term of Agreement. 2.1 Effective date.This grant project agreement shall be effective on November 1, 2020, or the date the State obtains all required signatures under Minnesota Statutes 16B.98. Subd. 5(a),whichever is later.The Grantee must not begin work until this contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. 2.2 Expiration date. October 31, 2025, or until all obligations have been fulfilled to the satisfaction of the State, whichever occurs first, except for the requirements specified in this grant project agreement with completion dates which extend beyond the termination date specified in thissentence. 3 Grantee's Duties and Responsibilities. Grantee shall comply with the following grant requirements: General. Grantee must: 1. Work with State to finalize Grantee's yearly work plan and budget.The annual budget and work plan must be approved in writing by State by November 1, 2020. If the work plan is not approved by November 1, 2020, Grantee cannot perform work under this agreement. 2. Perform the activities approved in the work plan. 3. Grantee will contact State if Grantee is no longer able to fulfill a work plan activity and Grantee must request approval before pursuing any additional activities not described in the original work plan. If Grantee fails to complete grant deliverables in a satisfactory manner, State has the authority to withhold further funds. Page 2 of 6 DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 3 of 11 DEPARTMENT CHB Grant Project Agreement Template STATE FUNDS Version 1.8,12/27/19 OF HEALTH Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board 4. Designate or hire a full-time SHIP project coordinator or equivalent.The Grantee's budget must include a minimum of one FTE to coordinate the activities of the grant. 5. Designate a SHIP staff person to facilitate evaluation tasks and communicate with State evaluation staff and contractors. 6. Designate, hire,or contract project,fiscal,and administrative staff with the appropriate trainingand experience to implement all SHIP activities and to fulfill payroll, accounting, and administrative functions. 7. Participate in site visits and grant reconciliation processes with State. 8. Participate in regularly scheduled calls and meetings with community specialists 9. Participate in State-sponsored technical assistance calls,webinars andtrainings. 10. Attend State-sponsored conferences, meetings and in-persontrainings. 11. Comply with State product approval outlined in the SHIP Communications Guide. 12. Allow State and others to use any products or materials produced with SHIPfunds. Reporting 1. Participate in all required evaluation activities as outlined in the SHIPApplication. 2. Completed progress and evaluation reports will be due quarterly.The schedule for quarterly reporting is provided below.The State will provide guidance regarding the required content of the reports. Quarterly Reporting Period Report Submission Due Date November 1—January 31 February 29 February 1—April 30 May 3 May 1—July 31 August 30 August 1—October 31 November 30 Financial 1. Adhere to the request and approval process set forth by the State in the SHIP Financial Guide. 2. Obtain prior approval from the State for all subcontracts or mini-grants $3,000 or more, significant changes in grant activities, changes of more than 10 percent to any budget line item, surveys and out-of-state travel. 3. Act in a fiscally-responsible manner, including following standard accounting procedures, charging the SHIP grant only for the activities stated in the grant agreement, spending grant funds responsibly, properly accounting for how grant funds are spent, maintaining financial records to support expenditures billed to the grant, and meeting audit requirements. 4. Ensure that a local match equaling at least ten percent of the total funding award is provided and documented. 5. Ensure that administrative costs are explained and justifiable.The State will accept up to the Grantee's current federally approved rate. If Grantee does not have a federally approved indirect cost rate,the State will accept an indirect rate of up to 10 percent of the total grant award. 6. Report to the State other funding sources, including grants from other sources,that are directed toward tobacco, obesity, and well-being, and have accounting systems in place to track SHIP-funded activities separately from activities funded through other sources. 7. Comply with the Minnesota Government Data Practices Act as it applies to all data created, gathered, generated, or acquired under the grant agreement. 8. Ensure SHIP funding does not supplant work funded through other sources. Use SHIP funds to develop new activities, expand or modify current activities that work to reduce tobacco use and exposure, prevent obesity, or increase well-being, and/or replace discontinued funds from the State, the federal government, or another third party previously used to reduce tobacco use and exposure, prevent obesity, or increase well-being.The Grantee may not use SHIP funds to replace federal, Page 3 of 6 DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 4 of 11 DEPARTMENT CHB Grant Project Agreement Template STATE FUNDS Version 1.8,12/27/19 OF HEALTH Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board state, local, or tribal funding Grantee currently uses to reduce tobacco use and exposure, prevent obesity, or increase well-being. Lobbying Ensure funds are not used for lobbying, which is defined as attempting to influence legislators or other public officials on behalf of or against proposed legislation. Providing education about the importance of policies as a public health strategy is allowed with SHIP funds. Education includes providing facts, assessment data, reports, program descriptions, and information about budget issues and population impacts, but stopping short of making a recommendation on a specific piece of legislation. Education may be provided to legislators, public policy makers, other decision makers, specific stakeholders, and the general community. Lobbying restrictions do not apply to internal or non-public policies. 4 Consideration and Payment. 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant project agreement as follows: (a) Compensation.The Grantee will be paid monthly, on a reimbursement basis for services performed and acceptance of such services by the State's Authorized Representative,except the State reserves the right not to honor invoices that are submitted more than 30 days after the submission datespecified. Budget periods for the five years are as follows: Year 1: November 1, 2020—October 31,2021 $782,859.00 Year 2: November 1, 2021—October 31,2022 To Be Determined Year 3: November 1, 2022—October 31,2023 To Be Determined Year 4: November 1, 2023—October 31,2024 To Be Determined Year 5: November 1, 2024—October 31,2025 To Be Determined (b) Total Obligation.The total obligation of the State for all compensation and reimbursements to the Grantee under this grant project agreement will not exceed $782,859.00 (Seven Hundred Eighty-Two Thousand Eight Hundred Fifty-Nine Dollars). (c) Budget Modifications. Modifications greater than 10 percent of any budget line item in the most recently approved budget (listed in 4.1(a) or incorporated in Exhibit B) requires prior approval from the State and must be indicated on submitted reports. Failure to obtain prior approval for modifications greater than 10 percent of any budget line item may result in denial of modification request and/or loss of funds. Modifications equal to or less than 10 percent of any budget line item are permitted without prior approval from the State provided that such modification is indicated on submitted reports and that the total obligation of the State for all compensation and reimbursements to the Grantee shall not exceed the total obligation listed in 4.1(b) or Exhibit B. 4.2 Terms of Payment. (a) Invoices. The State will promptly pay the Grantee after Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion and according to the following schedule: Invoices shall be completed on a form prescribed by the State for each month and submitted within 45 days after the end of the month. (b) Matching Requirements. Grantee certifies that the following matching requirement for the grant will be met by Grantee: A local match of ten percent of the total funding allocation will be provided and documented. Page 4 of 6 DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 5 of 11 DEPARTMENT CHB Grant Project Agreement Template STATE FUNDS Version 1.8,12/27/19 OF HEALTH Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board 5 Conditions of Payment.All services provided by Grantee pursuant to this grant project agreement must be performed to the satisfaction of the State, as determined in the sole discretion of its Authorized Representative. Further, all services provided by the Grantee must be in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. 6 Ownership of Equipment.The State shall have the right to require transfer of all equipment purchased with grant funds (including title)to the State or to an eligible non-State party named by the State.This right will normally be exercised by the State only if the project or program for which the equipment was acquired is transferred from one grantee to another. 7 Authorized Representatives. 7.1 State's Authorized Representative. The State's Authorized Representative for purposes of administering this grant project agreement is Meredith Ahlgren, Acting Supervisor, Community Initiatives, Office of Statewide Health Improvement Initiatives, 85 East Seventh Place, P.O. Box 64882, St. Paul, MN, 55164-0882, 651-201-5446, meredith.ahlgren@state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee's performance and the final authority to accept the services provided under this grant project agreement. If the services are satisfactory,the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2 Grantee's Authorized Representative.The Grantee's Authorized Representative is Bonnie Brueshoff, CHS Administrator, 1 Mendota Rd. W., Suite 410, West St. Paul, MN 55118, 651-554-6103, bonnie.brueshoff@co.dakota.mn.us, or his/her successor.The Grantee's Authorized Representative has full authority to represent the Grantee in fulfillment of the terms, conditions, and requirements of this agreement. If the Grantee selects a new Authorized Representative at any time during this grant project agreement,the Grantee must immediately notify the State. 8 Termination. 8.1 Termination by the State or Grantee.The State or Grantee may cancel this grant project agreement at any time,with or without cause, upon thirty(30) days written notice to the otherparty. 8.2 Termination for Cause. If the Grantee fails to comply with the provisions of this grant project agreement,the State may terminate this grant project agreement without prejudice to the right of the State to recover any money previously paid.The termination shall be effective five business days after the State mails, by certified mail, return receipt requested, written notice of termination to the Grantee at its last known address. 8.3 Termination for Insufficient Funding.The State may immediately terminate this grant project agreement if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered in this grant project agreement.Termination must be by written (e-mail,facsimile or letter) notice to the Grantee.The State is not obligated to pay for any work performed after notice and effective date of the termination. However, the Grantee will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available.The State will not be assessed any penalty if this grant project agreement is terminated because of the decision of the Minnesota legislature, or other funding source, not to appropriate funds.The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving notice of thesame. 9 Publicity. Any publicity given to the program, publications, or services provided from this grant project agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee or its employees individually orjointlywith Page 5 of 6 DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 6 of 11 DEPARTMENT CHB Grant Project Agreement Template STATE FUNDS Version 1.8,12/27/19 OF HEALTH Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board others, or any subgrantees shall identify the State as a sponsoring agency and shall not be released, unless such release is approved in advance in writing by the State's Authorized Representative. APPROVED: 1. State Encumbrance Verification Individual certifies that funds have been encumbered as required by Minn.Stat.§§16A.15 and 16C.05. Sarah Martin Digitally signed by Sarah Martin Signed: Date:2020.09.21 07:21:57-05'00' Date:9/18/2020 SWIFT Contract/PO No(s). 183510/3000078983 2. GRANTEE 3. STATE AGENCY The Grantee certifies that the appropriate persons(s)have Project Agreement approval and certification that STATE executed the project agreement on behalf of the Grantee as funds have been encumbered as required by Minn.Stat. required by applicable articles,bylaws,resolutions,or §§16A.15 and 16C.05. ordinances. p-DocuSigned by: (/t a4f'i riSad,ath, Marti Fischbach By: '-96039F9D032D437... By: Community Services Director Title: Title: Interim Procurement Supervisor 09/24/2020 I 4:57 PM CDT _ Date: Date: 10/1/2020 By: /s/ Suzanne W. Schrader Assistant County Attorney Title:Interim Procurement Supervisor Dakota County Attorneys Office Sept. 24, 2020 Date: 9/28/2020 KS-20-420 Distribution: • MDH(Original fully executed Grant Project Agreement) • Grantee • State Authorized Representative Page 6 of 6 DocuSign Envelope ID:B0E0B460-F0F1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 7 of 11 Minnesota Department of Health Grant Award Amendment Cover Sheet You have received a grant award from the Minnesota Department of Health (MDH). Information about the grant award, including funding details, are included below. Contact your MDH Grant Manager if you have questions about this cover sheet. DATE: November 1, 2021 ATTACHMENT: Amendment#1 CONTACT FOR MDH: Alice Englin, 507-508-0988, alice.englin@state.mn.us Grantee SWIFT Information Grant Agreement Information Funding Information Grant Agreement/Project Agreement Name of MDH Grantee: Number: Total Grant Funds(all funding sources): Dakota County Community Health Board $1,565,718 183510 Grantee SWIFT Vendor Number: Period of Performance Start Date: Total State Grant Funds: 0000197289 November 1,2020 $1,565,718 SWIFT Vendor Location Code: Period of Performance End Date: Total Federal Grant Funds: 001 October 31,2025 N/A DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 8 of 11 Minnesota Department of Health Community Health Board Grant Project Agreement Amendment Grant Project Agreement Start Date: 11/1/2020 Current Project Amendment Amount $782,859 Original Grant Project Agreement Expiration Date: 10/31/2025 Original Grant Project Agreement Amount: $782,859 Current Grant Project Agreement Expiration Date: 10/31/2025 Previous Project Amendment(s)Total: N/A Requested Grant Project Agreement Requested Total Grant Project Agreement Expiration Date: N/A Amount: $1,565,718 This Grant Project Agreement Amendment is between the State of Minnesota, acting through its Commissioner of the Minnesota Department of Health (hereinafter"State") and Dakota County Community Health Board, 1 Mendota Rd. W., Suite 410, West St. Paul MN 55118 (hereinafter"Grantee"). Recitals 1. The State has a grant project agreement with the Grantee identified as 183510 ("Original Grant Project Agreement")to address the leading preventable causes of illness and death such as tobacco use or exposure, poor diet, and lack of regular physical activity, and other issues as determined by the commissioner through the statewide health assessment. 2. The Agreement is being amended to add funding for Year 2. 3. The State and the Grantee are willing to amend the Original Grant Project Agreement as stated below. Grant Agreement Amendment Amended or deleted grant project agreement terms will be struck out, and the added grant project agreement terms will be underlined. REVISION 1. Clause 3. "Grantee's Duties and Responsibilities"is amended as follows: General. Grantee must: 1. Work with State to finalize Grantee's yearly work plan and budget.The annual budget and work plan must be approved in writing by State by November 1 of each year, 2020.The Year 2 work plan will be submitted in two phases: November 1, 2021-April 30, 2022,to be approved by November 1, 2021, and May 1, 2022-October 31, 2022, to be approved by May 1, 2022. If the work plan is not approved by the due date, November 1, 2020, Grantee cannot perform work under this agreement. 2. Perform the activities in the approved work plan. 3. Grantee will contact State if Grantee is no longer able to fulfill a work plan activity and Grantee must request approval before pursuing any additional activities not described in the original work plan. If Grantee fails to complete grant deliverables in a satisfactory manner, State has the authority to withhold further funds. 4. Designate or hire a full-time SHIP project coordinator or equivalent.The Grantee's budget must include a minimum of one FTE to coordinate the activities of the grant. 5. Designate a SHIP staff person to facilitate evaluation tasks and communicate with State evaluation staff and contractors. DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 9 of 11 6. Designate, hire, or contract project, fiscal, and administrative staff with the appropriate training and experience to implement all SHIP activities and to fulfill payroll, accounting, and administrative functions. 7. Participate in site visits and grant reconciliation processes with State. 8. Participate in regularly scheduled calls and meetings with State community specialists. 9. Participate in State-sponsored technical assistance calls,webinars and trainings. 10. Attend State-sponsored conferences, meetings and in-person trainings. 11. Comply with State product approval outlined in the SHIP Communications Guide. 12. Allow State and others to use any products or materials produced with SHIP funds. Reporting 1. Participate in all required evaluation activities as outlined in the SHIP Application. 2. Completed progress and evaluation reports will be due quarterly.The schedule for quarterly reporting is provided below.The State will provide guidance regarding the required content of the reports. Quarterly Reporting Period Report Submission Due Date November 1—January 31 February 28 2-9 February 1—April 30 May 30 May 1—July 31 August 30 August 1—October 31 November 30 Financial 1. Adhere to the request and approval process set forth by the State in the SHIP Financial Guide. 2. Obtain prior approval from the State for all subcontracts or mini-grants $3,000 or more, significant changes in grant activities, changes of more than 10 percent to any budget line item, surveys and out- of-state travel. 3. Act in a fiscally-responsible manner, including following standard accounting procedures, charging the SHIP grant only for the activities stated in the grant agreement, spending grant funds responsibly, properly accounting for how grant funds are spent, maintaining financial records to support expenditures billed to the grant, and meeting audit requirements. 4. Ensure that a local match equaling at least ten percent of the total funding award is provided and documented. 5. Ensure that administrative costs are explained and justifiable.The State will accept up to the Grantee's current federally approved rate. If Grantee does not have a federally approved indirect cost rate,the State will accept an indirect rate of up to 10 percent of the total grant award. 6. Report to the State other funding sources, including grants from other sources,that are directed toward tobacco, obesity and well-being, and have accounting systems in place to track SHIP-funded activities separately from activities funded through other sources. 7. Comply with the Minnesota Government Data Practices Act as it applies to all data created, gathered, generated, or acquired under the grant agreement. 8. Ensure SHIP funding does not supplant work funded through other sources. Use SHIP funds to develop new activities, expand or modify current activities that work to reduce tobacco use and exposure, prevent obesity and increase well-being, and/or replace discontinued funds from the State,the federal government, or another third party previously used to reduce tobacco use and exposure, prevent obesity and increase well-being. The Grantee may not use SHIP funds to replace federal, state, local, or tribal funding Grantee currently uses to reduce tobacco use and exposure, prevent obesity or increase well-being. Lobbying Ensure funds are not used for lobbying, which is defined as attempting to influence legislators or other public officials on behalf of or against proposed legislation. Providing education about the importance of policies as a public health strategy is allowed with SHIP funds. Education includes providing facts, DocuSign Envelope ID:BOEOB460-F0F1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 10 of 11 assessment data, reports, program descriptions, and information about budget issues and population impacts, but stopping short of making a recommendation on a specific piece of legislation. Education may be provided to legislators, public policy makers, other decision makers, specific stakeholders, and the general community. Lobbying restrictions do not apply to internal or non-public policies. REVISION 2. Clause 4(4.1a and 4.1b). "Consideration and Payment" is amended as follows: (a) Compensation.The Grantee will be paid monthly, on a reimbursement basis for services performed and acceptance of such services by the State's Authorized Representative, except the State reserves the right not to honor invoices that are submitted more than 30 days after the submission date specified. Budget periods for the five years are as follows: Year 1: November 1, 2020—October 31, 2021 $782,859,0-0 Year 2: November 1, 2021—October 31, 2022 $782,859 To Be Determined Year 3: November 1, 2022—October 31, 2023 To Be Determined Year 4: November 1, 2023—October 31, 2024 To Be Determined Year 5: November 1, 2024—October 31, 2025 To Be Determined (b) Total Obligation.The total obligation of the State for all compensation and reimbursements to the Grantee under this grant project agreement will not exceed $1,565,718. $782,859.00 (Seven Hundred Eighty Two Thousand Eight Hundred Fifty Ninc Dollars). REVISION 3.Clause 4(4.2a). "Terms of Payment" is amended as follows: (a) Invoices. The State will promptly pay the Grantee after Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion and according to the following schedule: Invoices shall be completed and submitted on a form prescribed by the State for each month and submitted within 45 days after the end of the month, with the exception of June invoices,which should be submitted within 30 days after the end of the month. REVISION 4. Clause 7. "Authorized Representatives" is amended as follows: 7.1 State's Authorized Representative. The State's Authorized Representative for purposes of administering this grant project agreement is Kristine Igo, Director, Meredit tom"hlgrcn,Acting S„per Community Initiatives, Office of Statewide Health Improvement Initiatives, 85 East Seventh Place, P.O. Box 64882, St. Paul, MN, 55164-0882, 651-201-5809, kris.igo@state.mn.us,651 201 5446, mcrcdith.ahlgrcn@statc.mn.us, or his/her successor, and has the responsibility to monitor the Grantee's performance and the final authority to accept the services provided under this grant project agreement. If the services are satisfactory,the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2 Grantee's Authorized Representative. The Grantee's Authorized Representative is Marti.Fischbach, Community Services Director, 1 Mendota Rd.W., Suite 500, West St. Paul MN 55118 651-554-5742, marti.fischbach@co.dakota.mn.us,Be eshoff, C S Adm,;,nristrator, 1Mendeta Rd.`� Suite 410,`est St. Paul, MN 55118, 651 554 6103, bonnie.brueshoff@co.dakota.mn.us, or his/her successor.The Grantee's Authorized Representative has full authority to represent the Grantee in fulfillment of the terms, conditions, DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit A-Page 11 of 11 and requirements of this agreement. If the Grantee selects a new Authorized Representative at any time during this grant project agreement,the Grantee must immediately notify the State. Except as amended herein,the terms and conditions of the Original Grant Project Agreement and all previous amendments remain in full force and effect. The Original Grant Project Agreement, and all previous amendments, are incorporated by reference into this amendment. APPROVED: 1.STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn.Stat.§§16A.15 and 16C.05. Christina Mish Digitally signed2021.08.20 by06 Christina:34:27-05 M,ish'00' Signed: Date:August 20,2021 SWIFT Contract/PO No(s).183510/3-87097 2.GRANTEE The Grantee certifies that the appropriate person(s)have executed the grant project agreement amendment on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. DocuSigned by: By: dtanti riSGLt INIL -96039F9D032D437... Title: Community Services Di rector Date: 8/23/2021 Approved as to form: DocuSigned by: I By: S v O A.lA.t, SGU.Y'ad t.Y' '-EE11A05A7186445... Title: Asst Cty Atty KS-20-420-1 Bd Res 20-382 Date: 8/23/2021 3. MINNESOTA DEPARTMENT OF HEALTH DocuSigned by: By: ,1�-((u'� CO(J1UA.a (with delegated authority) �F36E69332D94404... Title: Finance Di rector Date: 8/23/2021 Distribution: • MDH—Original(fully executed)Grant Project Agreement Amendment • Grantee • State's Authorized Representative DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit B-Page 1 of 2 Apple Valley Contract Deliverables for Park Plan Community Engagement Funded by the Statewide Health Improvement Partnership (SHIP) Scope of work to be conducted by the City of Apple Valley • Engagement with SHIP priority populations (people 60 or older, children, and people with low incomes or others experiencing a health disparity)for concept plans for four city parks and four recreation facilities in the City of Apple Valley • Evaluate benefits and impacts to SHIP priority populations • Direct and manage any consultant hired to work on the project Public engagement • City staff will work with the Dakota County Physical Development Division (DCPDD) and Public Health Department leads to prepare a public engagement plan. The project will include engagement of key stakeholders, including o Residents o Representatives of SHIP priority populations o Dakota County • At least 1 meeting with the Apple Valley City Council will be held on the topic • The City will acknowledge funding and support from the Dakota County Public Health Department and the Statewide Health Improvement Partnership in the final documents, open houses, public materials, public meetings and news releases. This will be done by either including the SHIP and County Logos and/or the following language "Supported by the Statewide Health Improvement Partnership, Minnesota Department of Health and the Dakota County Public Health Department" Anticipated strategies to be evaluated • Engagement with SHIP priorities to ensure park plans for future investment are relevant for these populations and encourage integration of more activity into resident's daily routines • Design integration of City Trails with County Greenways and trails along County Highways Report on strategy outcomes(ongoing throughout the contract period) • The City's project lead (or other city representative)will provide a brief project update at the Active Living Dakota County meetings throughout the contract period • City staff will contribute to nominal evaluation and reporting as required by the Minnesota Department of Health • City staff will collect stories, quotes, photos, and comments of and about people who would be affected by proposed future improvements DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit B-Page 2 of 2 • City staff will submit a summary of public engagement activities and comments at project completion • City staff will submit an electronic(pdf) copy of the final report at project completion. Report will include a community engagement summary and the final concept plans for each park Communication with DCPDD staff(ongoing throughout contract period) • The City's project lead will check in with Dakota County Physical Development Division (DCPDD) staff regularly(at least monthly)to communicate progress on the project • The City's project lead will copy the DCPDD lead on important email communications • DCPDD staff will share information with Public Health staff who will communicate with MDH DCPDD Staff will provide the following project support • Provide input and feedback regarding the project • Provide necessary data and information to conduct the work as available Timeline • Project kickoff by February 1, 2022 • Meeting with City Council by August 1, 2022 • Adoption, acceptance or other City Council action before September 30, 2022 • Delivery of final report to DCPDD by September 30, 2022 • Completion by October 31, 2022 DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 1 of 15 Active Living Dakota County Statewide Health Improvement Partnership (SHIP) Application for Local Funding Deadline: 12 p.m. Friday, October 15, 2021 Active Living Dakota County (ALDC) is pleased to announce an opportunity for cities to apply for 2021 -2022 Local Definitions and Examples Funding.These funds are made available through the Statewide Health Improvement Partnership (SHIP),which Policy change - standards or strives to help Minnesotans lead longer, healthier lives by guidelines that can be formal or preventing the chronic disease risk factors of poor nutrition informal. For example,updating or and physical inactivity. The active living and healthy eating creating a policy regarding use of portion of Dakota County's SHIP grant focuses on using outdoor space for group and policy, systems and environmental changes to increase individual physical activity. physical activity and consumption of healthy foods. System change - rule changes that Funding is competitive and award amounts may vary, impact processes. For example, however, past funding amounts have typically been collaborate with or collect input $10,000-$30,000 and should not exceed $30,000. ALDC from community organizations to anticipates funding up to 2-3 projects 2021-2022. streamline a farmer's market permitting process. Dakota County staff will provide technical assistance throughout these projects. In addition, staff will connect Environmental change - a selected applicants with regional experts on active living physical or material change. For and healthy food access. example, conducting a walk or bikeability assessment and Active Living implementing changes into a Active living integrates physical activity into daily routines capital improvement plan or such as walking or bicycling for recreation, occupation, or transportation plan. transportation. Active Living policies and practices in community design, land use, site planning, and facility Targeted populations - includes access have proven effective to increase levels of physical people 60+, children, low income, activity. and diverse populations. 1 stakewde health impreeemem partnership Gt.blls N.ahf C.p nt..m DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 2 of 15 Example priority SHIP activities • Active living assessment that includes a baseline assessment of active living opportunities in the community. Assessment activities could include review of relevant city policies, identifying gaps in access or service. • Implementation of Comprehensive Plans as they relate to SHIP priorities • Master plans and feasibility studies that provide a framework to increase access to safe walking and bicycling options o Safe Route to School plans o Bicycle and Pedestrian Master Plans o Trail feasibility studies • Complete streets policies • Demonstration projects examples:temporary striping for a bike lane, markings for crosswalk improvements • Connectivity to recreational facilities • COVID Response-examples: street conversion for pedestrians • Health Equity—some examples would be community engagement, fitness opportunities, programming that increases awareness to active living, open street events, promoting healthy food access Check with Lil Leatham - lil.leatham@co.dakota.mn.us to see if your city's project is SHIP eligible or not. Healthy Eating Heathy food access is improving people's access to healthier foods such as fresh fruits and vegetables, as opposed to less healthy foods high in saturated fats, sodium, and added sugars. These dietary behavior changes together have the greatest impact towards improving the risk factors most related to the leading causes of death and disability (obesity, high blood pressure, and high cholesterol). Example priority SHIP activities • City comprehensive plans that include healthy food access as an important component of local governments' overall infrastructure, land use, zoning, and transportation planning • Healthy food access assessments which include a baseline assessment of healthy food access, review of comprehensive plan, and identifying gaps in your city's current food access (e.g. locations of fresh food markets,SNAP/WIC eligible stores, farmers markets) and other analysis that goes beyond the community's 2015 Food System Policy Analysis done by the Public Health Law Center • COVID-19 Response-Some examples may include: conversion of streets for pedestrian and bicycle usage, advertising food shelf locations, promoting access to healthy food options, adapting community events • Land Use and zoning regulations that support healthy food access • Farmland preservation, community-based agriculture, and pollinator policies 2 tewlde health improvement partnership Gblls HeahM1 epertmem DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 3 of 15 Community Engagement Community engagement is public participation that involves groups of people in problem-solving and decision making processes. Funding is available to develop and implement community engagement, with an emphasis on healthy food access and active living.The engagement should emphasize participation from target populations of seniors, diverse groups and low income populations. Examples include community meetings, key informant interviews, focus groups, temporary demonstration projects, and walkability workshops. Engagement can be for a short-term project or more robust as part of a large City project (Ex., comprehensive plan, road project, small area study, etc.). COVID-19 Community Engagement Community engagement should adhere to the safety protocols outlined by the CDC. This may include virtual community meetings and/or socially distanced meetings. Infrastructure and Equipment There are few instances of qualified infrastructure under SHIP guidelines. Allowable expenses include but are not limited to paint for bike lanes or crosswalks, and trail wayfinding signage. Eligibility Dakota County and cities in Dakota County are eligible to apply for local funding to increase active living and healthy eating. All projects must meet the following minimum criteria: • All projects must have the ability to be started by January, 2022 and be scheduled for final delivery/completion by October 31, 2022 or have additional funding secured to complete the project beyond this date. Projects may be partitioned to meet the completion deadline, i.e. SHIP funding pays for a component that will be completed by October 31, 2022,while the larger project will continue beyond the deadline. • Funding requests can be up to $30,000 per project. • Must provide a 10% match (cash or in-kind). • Must be a city-county partnership. For example, integrating health into the city's comprehensive plan; a trail feasibility study must be connected to a county road or regional/county park,trail or greenway. Must be consistent with SHIP goals, direction, and eligible expenses. 3 shipstatewide h.310 - wnux.ann o.�nm.m DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 4 of 15 Projects that meet the minimum criteria will be scored according to criteria Weight below 1. How the project addresses SHIP requirements (including community engagement) 25% 2. Consistency with city and County plans, such as comprehensive plans 15% 3. Benefit to target populations (rural areas, people of color, older adults, persons 10% with disabilities, women, people with lower education attainment and, people with low incomes or others experiencing a health disparity) 4. Location (proximity to target populations) 15% 5. City wide or regional value 10% 6. Number of overall residents who will benefit 10% 7. Leverage (enhance an already existing program or leverage additional funds) 5% 8. Local match (funding or in-kind resources) 5% 9. Enduring value (community, political, and institutional support, expected life, who 5% will own and maintain the project) Schedule Activity Date Local Funding Grants Application Distributed August 12,2021 Grant Applications Due October 15,2021 .......................... Application Review Committee Meets Week of October 18,2021 .......................................... County Board Approves Grant Recipients;funding will be available November 2021 once contracts are signed Projects started as soon as JPA's are finalized Anticipated by January, 2022 Completion Deadline-All Grant Projects October 31,2022 4 shistatewide health p - wnux.ann o.�nm.m DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 5 of 15 Application Does the project meet minimum eligibility criteria as far as you know? Describe any unusual circumstances regarding schedule or eligibility below. Respond here. In 2022,the City of Apple Valley plans to engage the community to determine the needs and interests of our citizens related to a potential 2023 Parks Bond Referendum which may include improvements to existing parks to help people live active lives, adding and repairing trails and trail connections to connect people to city parks, neighboring communities parks, and regional trail facilities. We may also explore the possibility of a community garden. Given the changing demographics of our community we will concentrate efforts on reaching all Apple Valley residents with a concerted effort to reach populations that may be experiencing health disparities (BIPOC older adults,those with low incomes). The City expects to invest approximately$120K between January and September 2022 to develop concept plans for four parks and two recreation facilities projects. A significant portion of this work will include engaging the public to see how they access these facilities and what things need to be added/changed to improve accessibility and engagement in the design of the system. Our engagement activities will be both in-person and virtual to respect the safety of the community as it relates to the COVID-19 pandemic. The input we receive during will prioritize the Apple Valley parks, facilities, and trails investments for generations to come. A successful Parks Bond Referendum will allow implementation of the Comprehensive Plan, revitalizing parks, facilities, and trails which will in-turn support SHIP active living and equity strategies for all Apple Valley residents and surrounding communities in Dakota County. Basic information Organization or city: City of Apple Valley Contact person: Eric Carlson Contact email: eric.carlson@applevalleymn.gov Contact phone: 952-953-2310 Project name(one line or less): Public Engagement for 2023 Apple Valley Parks Bond Referendum Project funding request: $30,000 5 tewl&health improvement partnership Public HeahM1 Department DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 6 of 15 Project narrative Concisely describe the project in 1 page or less.This should give reviewers a good idea of what you're proposing but not get too specific. This section is not scored; it will form reviewers' general understanding of the project. Be sure to articulate the following: 1. How the project will encourage active living and/or healthy food access. 2. How the project will increase health equity in Dakota County. 3. Describe how the project is a city-county partnership. 4. Attach maps or figures to illustrate the project, if applicable (not counted against your page limit). 6 shistatewide health p - wnux.ann o.�nm.m DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 7 of 15 Respond here. Please try to keep it to one page or less. If the response box gives you trouble going over one page, copy and paste a second box. The City of Apple Valley tentatively plans to hold a Parks Bond Referendum in the fall of 2023 to invest/reinvest in all parts of the public-park, recreation facilities and trail system. The last significant investment into the park system was through a 2007$14.4 million referendum that built two new parks, replaced outdated playground equipment in several neighborhood parks, built a 21,000 sq.ft. senior center, and provided improvements to the city's aquatic facilities. The current park, recreation, and trail system is showing its age and substantial investments must be made to keep the system safe, accessible, enjoyable, equitable and functioning for the next 20+years. We plan to engage the community about how parks can be designed to help make the feel more inclusive and inviting for all populations. Recognizing the demographics of Apple Valley, and Dakota County as a whole, have changed dramatically since 2007,Apple Valley will actively seek to include all members of the community including seniors, BIPOC, and low income populations in an assessment of access to and participation within parks, recreation, and trail facilities. The ultimate goal is to provide a well- rounded parks, recreation, and trail system that promotes active living, diversity, equity, and inclusion for all Apple Valley residents. Engagement efforts will include both in-person and virtual forms. We will host community meetings, focus groups, and use on-line tools such as social pinpoint. Consultants will then take the information gathered through these multiple avenues and generate master plans for Alimagnet, Farquar, Kelley, and Redwood parks. Additional master plans will be developed for the Apple Valley Community Center, Senior Center, and two ice arenas to determine how these facilities will need to be designed and function in the future based on changing demographics and user demand within the community. The SHIP funding will allow the City to engage with communities experiencing health disparities and make sure that the park and trail system is making a positive impact on those resident's ability to incorporate physical activity into everyday life. 7 stakewde health improvemem partnership Gblls HeahM1 epertmem DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 8 of 15 Scored criteria Each eligible project will be evaluated on the following criteria,weighted by the percent listed to arrive at a composite score. 1) Alignment with SHIP strategies and priority activities (25%) Describe how this project addresses SHIP strategies and priority activities related to active living and/or healthy eating. Respond here. Well maintained, parks, recreational facilities, and trails perform an important role in fostering equitable communities by providing a safe, affordable space for everyone to play and be active. By being creative in our approach and effectively seeking out those populations that currently may be experiencing health disparities and underserved by the Apple Valley Park and trail system, we will ensure that future park and trail investment contributes to the entire communities healthy lifestyles and they are designed to be inviting to all. We will use the SHIP grant to gather information from areas of interest throughout the community, compiling the information, and responding to the petitions through a Parks Bond Referendum, it will allow us to create in-demand, equitable recreation facilities. Our consultants will be expected to develop strategies to distribute information in multiple languages as we partner with community organizations to reach the underserved. This in turn will allow and encourage residents to continue to add to their active lives from birth to end of life. A more active community is a more healthy community. 8 shistatewide h.310 p Pa Public x..nn o.�nm.m DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 9 of 15 Describe the project's community engagement approach, including how you will engage SHIP target populations (people 60 or older, children, minority populations, and people with low incomes or others experiencing a health disparity). Respond here. With the demographic changes taking place in the community it will be vitally important to engage all sectors of the community including seniors, BIPOC, and low income populations to ensure we are providing a system that promotes diversity, equity, and inclusion resulting in improved access to safe parks that promote physical activity. The city plans to hire a series of consultants to develop master plans for Alimagnet, Farquar, Kelley, and Redwood Parks. Additional master plans will be developed for the Apple Valley Community/Senior Center and the two ice arenas. The consultants' professional expertise will be leveraged to gain a well-balanced cross-section of the population and ensure there is comprehensive representation. Our engagement efforts will include both in-person and virtual forms and will target seniors, diverse groups and low income populations. We will host community meetings,focus groups, and use on-line tools such as social pinpoint. We will use census data to help us determine areas we will need to focus our efforts and energy. 9 s histatewide 11.310 p Pa Public x..nn o.�nm.m DocuSign Envelope ID:BOEOB460-F0F1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 10 of 15 Plan consistency (15%) Identify any plans that call specifically for the project you're proposing. Plans can be at the state, regional, county, city or area level. Respond here. The mission of the city of Apple Valley is pledged to promote and enhance the health, safety, and general well-being of its citizens and all who visit the City. Our stated goals that are pertinent to parks and recreation include: provide a full range of municipal services; experiment with new ideas in the delivery of public services; transmit to future citizens a better and more beautiful community. The City's 2040 Comprehensive plan also includes several goals that support active living: a great place to live; safe; parks to experience; healthy and active; sustainable; accessible; a community for a lifetime. Additionally,the Park's chapter states the goal of matching facilities with the full spectrum of ages, abilities, and economic status. During the 2021 Council retreat,the Council adopted a goal of: Building off the Parks and Recreation Chapter of the City's recently adopted 2040 Comprehensive Plan, work with the Parks and Recreation Advisory Committee to evaluate plans and funding options, including a possible parks and recreation bond referendum,to implement the adopted long-term vision for the park system. 2) Benefit to target populations (10%) Describe how the project will benefit and advance health equity for target populations (people 60 or older, children, people with low incomes or others experiencing a health disparity) by creating or enhancing opportunities for physical activity through active living and/or creating or enhancing opportunities for healthy eating. Respond here. The park and recreation system provides an opportunity for all residents to be active and engaged in healthy activity on a daily basis. As the population changes both by age and demographically,the City must adjust to meet the recreational demands of the population. What was popular twenty or thirty years ago may not be what the community needs or wants today. To find that out,we need to conduct an assessment of the population, receive their feedback, and turn that information into actionable well-balanced items. This will ensure any updates and improvements meet the needs of the community into the future. The community is aging and becoming more diverse and the SHIP grant will help us engage with older adults/BIPOC to ensure that park improvements funded through a referendum meet their needs. 10 shistatewide 11.310 p Pa Public x.ann o.�nm.m DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 11 of 15 3) Location — Proximity to target population (15%) Describe the number of SHIP priority residents in the project area (people 60 or older, children, people with low incomes). Respond here. The requested SHIP funding will support community engagement with BIPOC, older adults, and people with low incomes to ensure that implemented improvements better meet the needs of demographics likely to be experiencing health disparities especially as they relate to Redwood Park and the Apple Valley Community Center.The 2020 Census indicates Apple Valley is 71%white, 7% Asian, 8% Hispanic, 9% Black and 5%other. The 2010 data was 49,084, 84%white, 5%Asian, 5% Hispanic, 6%, Black and 0%other. The Census data suggests we are becoming a more diverse community as the white population decreased by 1,205 residents and the non-white population increased by 8,495 residents. Therefor 16,348 residents are from the BPIOC population. Specifically, Alimagnet and Redwood Parks will have updated park master plans that will incorporate the feedback received during our community engagement efforts. Envisioning an improved senior center will be key in making sure the facility is meeting the needs of this growing segment of our population. Met Council data indicate that nearly 21% (11,839) of the population is 60+ and 30% (16,912) are under the age of 19. 11 shistatewide h.310 p Pa Public x..nn o.�nm.m DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 12 of 15 5) City-wide or regional value (10%) Describe how your project will benefit the city and/or the region. Is your project encouraging policy change in the comprehensive plan update? Is your project connected to an existing or future facility of regional significance? Examples include regional greenway corridors, county or state highways, regional parks, regional commercial districts and community centers, city comprehensive plan that integrates health into the vision, goals and policies. Respond here. Through our effort to engage the community we plan to ensure the parks and recreation system are meeting the needs of the community and facilitate connections between the County trail and Regional Greenway systems. The ultimate goal is to provide a well-rounded parks and recreation system that promotes diversity, equity, and inclusion without prejudice toward age, ethnicity, orientation, or income. We hope to continue to connect the City's park and trails system to neighboring communities and regional trails systems to increase the impact of our investments and access for residents of not only Apple Valley, but adjacent communities in Dakota County. 6) Number of overall residents who will benefit (10%) Estimate the number of overall residents (target population and general population) who will benefit from this project and explain why. If your project does not include a spatial element, please state how many residents overall will benefit from the project and how. Respond here. A Parks Bond Referendum has the potential to impact all of Apple Valley's 56,374 residents of which 16,348 or nearly 30%of the population come from BIPOC populations. As we engage the community we will learn what changes we need to implement to help people access the system, making sure we are providing the facilities people want to stay healthy and active. 12 shistatewide h.310 p Pa Public x..nn o.�nm.m DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 13 of 15 Leverage (5%) Identify how your project will add to an already programmed project, leverage additional funds, be used as a match for a grant or otherwise will add value. Respond here. The City plans to invest approximately$120,000 in our efforts to prepare the community for a successful referendum vote. 7) Local match (5%) Describe how you will meet the 10% match requirement. Specify the anticipated amount in dollars and briefly explain the sources (i.e. staff time, cash match, etc.)? Respond here. The City's local match would be approximately$90,000 (assumes a $30,000 ALDC grant) of the investment. These investments will be made in hiring consultants for planning and public engagement. Additional city investment will come in the form of substantial staff time. 8) Enduring value (5%) What is the expected life of your project outcomes? Respond here. The project would be the first step toward long lasting results through a successful Parks Bond Referendum. Through the gathering of community feedback, and comprehensive compilation of that data, proceeds of a successful Referendum will provide Apple Valley residents and visitors with benefits that will last 20 to 40+years. The SHIP funding will allow the City to engage with communities experiencing health disparities and make sure that the park and trail system is making a positive impact on those resident's ability to incorporate physical activity into everyday life. 13 shistatewide h.310 p Pa Public x.ann o.�nm.m DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 14 of 15 How will it benefit residents long-term? Respond here. A successful bond referendum will mean significant capital investments in the community to improve our parks, trails, and recreational facilities and will provide a substantial benefit to all residents. Projects funding by a successful referendum will provide access to park and healthy lifestyles from all sectors of the community connecting trails, providing safe facilities that meet/exceed ADA and CPSI standards. The success of the referendum is incumbent on listening to all of the needs of the community. Who will own and maintain project outcomes or ensure follow-through on the project?Or what community, political or institutional support do you expect for your project outcomes? Respond here. The City of Apple Valley will issue, manage, and oversee service agreements with professional consultants to conduct the community data collections through community engagement, public meetings, and other vehicles that may be available. Data collected will become the property of the City. The City will be responsible to implement the capital improvements that would be constructed as a part of a successful parks bond referendum should a referendum be held. The size of the referendum is undecided at this time, but a successful referendum will provide opportunities for the City to apply for other local/state/federal grant opportunities. These could increase the capital investment in the city system. A successful referendum may also allow the city to collaborate with local school district ISD 196, multiple youth athletic associations, and other non-profit groups to enhance capital improvements to ensure our investments meet the needs of the changing community demographics. 14 tewl&health improvement partnership Gblls Mahh.pertm.m DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit C-Page 15 of 15 Process Shortly after the October 15, 2021 deadline, a multi-disciplinary/jurisdictional selection committee made up of County, City, Minnesota Department of Health representatives, and others will review proposals. Proposals found eligible will be scored for each criterion and compared with other projects for relative merit.The review committee may request clarification from applicants before making its decisions. The review committee will recommend projects worthy of funding for the 2020-2021 funding years. County staff will then recommend projects to the Dakota County Board of Commissioners in October. Successful applicants will be notified, pending final approval by the County Board. Contact Lil Leatham lil.leatham@co.dakota.mn.us (952) 891-7023 Review Committee Please contact Lil Leatham_if you would like to participate on the review committee. Members will be asked to review and score applications and attend one meeting on the week of October 18. Total time commitment is approximately 8 hours; 5 hours to review and 3 hours to meet. Submission Please submit applications electronically to Lil Leatham by 12 PM on Friday, October 15,2021. 15 shistatewide health p - wnux.ann o.�nm.m DocuSign Envelope ID: B0E0B460-F0F1-4546-B306-5C343BC20855 Dakota County Contract C0034875 Exhibit D • NIB E S 0 r A • M DH MJL NESOTA DEPARTMENT OF HEALTH DEPRR'tNENIbfHEAi73i MASTER GRANT CONTRACT FOR COMMUNITY HEALTH BOARDS THIS MASTER GRAuT CONTRACT,and amendments and 5upplernettls thereto,is between the State of Minnesota, acting through its Minnesota Department of Health("STATE")and Dakota County Community Health Board ("GRANTEE"),en independent organization,not an employee of the State of Minnesota,address:1 Met data i&d,W., Suite 410,West St.Patti;MN 5511$. . I. Under Minncsota Statute tt]44.0742,the.STATE:is empowered to enter hike a contractual agreement for the • provision Ofatattttnrily prescribed public health servines; 2. The STATE and the GRANTEE anticipate entering into project*cements with respect to one or more individual grantprojects. 3. The STATE and the GRANTEE wish to streamline the project agreements for individual-grant projects by • incorporating by reference.the provisions of this master grant.conttact. Now,THEREFORE,it is agreed. 1 TERM Ol'AGREEMENT 11.Effeelira Date.This master gratit contract shall be ef€eorive oh January 1,20I5,or the date.the STATE obtains all'required signatures-under Minnesota Statutes section I6C,05,'siibdivision 2,whichever is.later,The Grantee must not begirt work until the STAtE'S Authorized Representative has notified the Grantee that went snay commence. • 11 E. ,irarlan Dote,December 31,201 g The STATE will enter into project agreements With the GRANTEE for individual grant.programs and responsibilities within this aforementioned time name.The expiration of this toaster grant contract is.aot subject to-appeal. 1.3 Surv(Dnle fTeffns-The followingelauses survive the expiration or cancellation of this master grant gannet: 7-Liability,.$,State Audits,9,Data Practices Act,10.Ownership of Materials and Intellectual Property kiting, • 12.iinisdietidn and Ventre,-end 13.Disputes. • L4 Conflict afTerrnnnoldgy:If®ny tern oonditioo,orproyition of this toaster grant.contract is enntradictorkr to or in conflict With any srinil r tergr,condition,or provision of.a project cant ageentent,then the term,.c ondlt!oa, or provision of the;proi ect greet 4 :cam nt:dhal;take prOcedent,end ranti-o). • • 2, GRAJ T.REQVIRialftNTS, Requirements of rezeiving grant funds may include,but are not li Jed tn:-financial reconciliations of payments to GRANTEE,site visits of the GRANTEE,pr9gratAtuatic tnoiutoriitg of sys rk perfornrad by the GRANTEE and program evaluation, The GRANTEE will opt be paid for work that:the State deems rtncatisfactory,orperformcd in violation of federal,state or local law,ordinance,role or ragnl;ition: 3. TRAVEL EXPENSEg The GRA.t t7'E.g willbereirobursed for travel and subsistence expenses in the seine manner and in ntr greater amount than provided.in the entreat"Cammissionet's Plan"promulgated by the COimn esionei of Minrnesota-Menagcment and Budget("M.MB"). The Grantee will.not be reimbursed for travel and subsistence• expensasinettired outside Minnesota gutless i;.has received the STAT E'S prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is one of sta . 4. TE!f 0/11I'ON, } 4:17er'►,tirtatinu by the Store or Grantee. The STATE or GRAN3'SEmay cancel this roaster get contract at any time;With orwitlmut cause,upon thirty(30)days written nnticeto the other party- 4.2 3'erininationfor Cause.If the GRANTEE fails to comply with the provisions of this master grailt contract, the STAT E.mny terminate this grant contract without•prejttdice to the right of the STATE to recover any Money 3 tvtnsut Gmst ecoyscttt'J2-700-00068 Page between the Minncwta Deparirasnt edHeahth and Dakota r_ojnty Cptnneinity Health'Board 8 2014• t1 • • • f 3 1 I k 1 { DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 • • previously paid The ten-Mutton shall be effective five business days alter the STATE mails,by certified mail, return receipt retinas-led.written notice of termination to the GRANTEE at its last known address: 4.3 Effect of Termination.if either the GRANTEE or the STATE exercises it respective right to terminate this master grant contract,with or without cause,orifthis master grant contract is otherwise terminated,any individual project grant agreement which incorporates the terms and conditions of this master grant contract shall also be terminated as of the date this master grant contract terminates. 5 ASSIGNMENT. GRANTEE shall not assign or transfer any rights or obligations under this master grant contract —— wit t The prior►vritten tatsenra?ttre-STA E. — --6. AMENDMENTS. Any amendments to this master grant contract shall be in writing,and will not be effective until the amendment has been fully executed by the same parties who executed the original of this roaster grant contract, or their successors in office. • 7. LIABILITY. Each party shall be responsible for its own acts and behai iora and the results thereof.The liability of 4. the GRANTEE is governed by Minnesota Statutes chapter 466 end other applicable laws.The Minnesota Tort Claims Act,Minnesota Status section 3.736,and other applicable laws govern the STATE'S liability. k, 8. STATE AUDITS Under Minnesota Statutes section 1613.98,subdivision 2,the G ir1,NTEE'S books,records, _. documents,and accounting procedures and practices of the GRANTEE,or any other retevani party ortranactiori, ere subject to examinati en by the STATE,the State Auditor,and the Legislative Auditor,as appropriate,for a minimum of nix(6)years from the end oftbis master grant contract,receipt and approval of all final reports,or the required period of time to satisfy all stale tied program retention requirements;whichever is later. • 9. GUYE,ttNMENTD4T4 PRACVIC'ESAAD DATA DISCLOS(fRR • 9.1 Government Dora Praerirec The GRANTEE and the STATE roust comply with the lvlirtnesota Government Data FractIees Act as it applies to all data provided by the STATE under individual grant project agreements,and as it applies to all data created,collected,received,stored,used,maintained,or disseminated by the GRANTEE under individual grant project agreements. The civil remedies of Minnesota Statutes Section 1 3.0S apply to the • release of the data referred to in this clause by either the GRANTEE or the STATE. 10. C6171 RSHIPO2 MA1 ERIA S-IND INTELLECTUAL P.ROPERTY,RICLITS This clause 10 shall nor apply to any gram projects involving the Spacial Swpplententnl Nutrition Program for • Woo-loft infants Cad Children en(]r7(. Prograne and the 7yt)e YMnlernal and Child Sink Grant. 191.Except as otherwise required by Minnesota or Federal law,the GRANTEE shall own all rights,title and interest in all of the materials conceived or created by the GRANTEE,or its employees or subgrantees,,either individually or jointly with others'and which arise out of the performance of individual grant project,agreements, • • including any inventions;reports,studies,designs,drawings,speciticatinns,notes,documents,software and documentation,computes based training modules;electronically,magnetically or digitally recorded material,and other work in whatever form C'MATtiBIALS"). • The STATE agrees to,andhereby does,assign all tights title and interest it rosy have.in the MATERIALS to the ,GItAN7 EE.The STATE shall,upon request of the GRANTEE,execute all.papers and perform all other acts :mammy to transfer or record the GRANTEE'S ownership interest in the tvIATBRLALS_ 10.1 GRANTEE represents and warrants that MATERIALS produced or used under individual grant project agreements dO not and will not infringe non any intellectual property rights of another,including but not limited to patents,copyrights,trade Secret,trade.names,and service marks and names.GRANTEE shall indemnify and defend the STATE,at CIRAM'EES expense.,from any action or claim brought against the STATE to the extent that it is based on a claim that all or pats of the MATERIALS infringe upon the intellectual property rights of another.GRANTEE shall he responsible forpayiuent of any and all such claims,demands,obligations,liabilities, costs,and damages including;but not itcd to,reasonable attorney fees arising out of th is master grant contract, individual grant project apreeraents and amendments and supplements thereto,which arc attributable to sects Maser Grad Cantram4 1.1-70000068 'Page 2 bet en tacMinneaota Dopartmorrt of fiadtli nsd DaIriea County Community Health Donut 0014 DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 • • claims or actions.If such a claim or action arises,or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATES discretion eitherprocnre for the STATE the right or license to continue using the MATERIALS at issue orreplace ormodify the allegedly infringing MATERIALS ticce,ssery and .appropriate to obviate the itrfrzagetrteat clam.This remedy of the STATE shall be in additiog to and shall not be exclusive of other remedies provided by law. .10,3.The GRANTEE hereby grants to the SPATE a perpetual,irrevocable;no-fee right and license to make,have made,reproduce,modify,distribute,perform,and otherwise use the MATERIALS for any and all purposes,in all forms and manners that the STATE,in its sole discretion,deems appropriate.The GRANTEE shall,upon the request of the STATE,execute all papers aid perform all other dots necessary,to document and secure said right and license to the MATERIALS by the STATE.At the request of the STATE,the GRANTEE shall permit the STATE to inspect the original MATERIALS and provide a copy of any of the MATERIALS to the STATE, without cost,for use bytlle STATE in any manner the STATE,in its sole discretion,deems appropriate. 11. WORKE SCOMP.ENS'AT7O1v.The GRANTEE certifies that it is in compliance with Minnesota Statute, §176.18/,Subtli vision?,pertaining to Welk i s'compensation insurance coverage,The GRANTEE'S employees and agents will not he consideredSTSTE employees.Any clainis that may arise'under the Minnesota Workers' Compensation Act on behalf of these'erCeployees.and any claims made.by any third party as consequence of any act or omission on the part of these employees are in no way the STATE'S obligation or resperisibiiity. 12_ •JURISDICTION AND VENUE. This master grant contract and the project grant agreements;and ainendnteats and supplements Thereto,shall be governed;Lay the laws of the State of Minnesota.To the extent litigation is not prohibited by section I3 of this master grant contract,venue for all legal proceedings arising.ont of this master grant contract,or breach thereof;,shall be in die state or federal court with competent jurisdiction in Ramsey County; Minnesota. 13, DISPUTES.Any dispute shall be decided by the STATE'S•Aulhorizcd Representative far the particular grant project agreement that the dispute eocecrns.,The STATE'S Authorized Representative wilt be Identified in each grantproosct agreement between the STATE and GRANTEE_If GRANTEE is dissatisfied with the decision of the • STATE'S Authorized Representative,GRANTEE'S sole and exclusive remedy is an administrative hearing before • an adniisistrative law judge under the contested case procedures of the Minnesota Administrative Procedure Act,. Chapter l4 of the Minnesota Statutes.Puisuant to Chapter 14,the administrative law judge shall make a report to the Minnesota CoTnnitssionet'of Eealth,yrhp shalt raakt the final decision on the contested case.If GRANTEE wishes to request an administrative hearing,GRANTEE must request a hearing in a writing received by the STATE • within 34 elands,days after the GRANTEE'S receipt of the decision of the STATE'S A,rthf;rized.Rere scntative• The,decision of the Minnesotp Commissioner of Health shall be subject to judicial review as provided in the 1ainne5Ota Administrative Procedure Adt at Minnesota Statutes;1,14.63 to 14.69. • IA. OTHER PROVISIONS A. Contractor Debattneut,Suspension.And Ress onsirlliry Certification Federal Regulation 45 CFR 92.35 prohibits the STATE from purchasing goods or services with federal money < from parties who have been suspeadeif or debarred by the federal goverment. A party may be suspended or debarred when it is deteriniied,through a duly authorized hearing process,that they have abused the public trust in a serious manner.Inpnrticuher,the federal government expects the STATE to have a process in plan: fOr determining whether a vendorisas been suspended or debarred,anti to prevent such vendors Fern receiving fede.rat funds, Ey.signing this roaster grant contract,GRANTEE certifies that it and its principals; 1. Ate not.presently debarred,sospegcled,propp,sedYor debarment,declared ineligible,or vOIuutarlly ext=laded from transacting business by or with nay'federal,state or local geveretuient department or agency;and 2. Hive not within n three-year pried preceding this grant contract:a)been convicted of or had a,civil • judgment rendered against them for comnrsssion ef'fraud or a criminal offense iir connection with obtaining, • attempting to obtain orperfotraing trpriblic(federal,stale or local)transaction or contract;h)violated any • • ht ster OrontCantraci#]2-1Oip 6 ?Nos 3 between the Minnmoiz bepertmeni of B t h.and Dakota County Corrantmity Hearth 8oe;d 1/2014 • � t DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 • • • • federal or state antitrust statutes;ore)committed embezzlement,theft,forgery,bribery,falsification or destructiao of rcoords,making false statements or receiving stolen property;and 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity ford a) commission of fraud era entrain al offense in connection with obtaining,attempting to obtain or performing • apublic(federal,state or local)transaction;b)violating any federal or state antitrust statutes;or c) couamittiug embezzlement,theft,forgery,bribery,falsification or destmetion of records,making false statements or receiving stolen property;and 4. Are not aware of any information and_egaseess no 1Lnowledgc that an attbcoRtnietor(s)/lea will puffy-in -- work pursuant to this grant contract are in violation of any of the certifications set forth above. • B. ,Aardit Requirements • 1. If the GRANTEE expen f4 total federal assistance of S500,000 or more per year,the GRANTEE agrees ro (1)obtain either a single audit ore program-specific audit made for the fiscal year in accordance with the terms of the Single Audit Act of 1984,as amended(31 U.S.Code Chapter 75)and OMB Circular A-133; and.(2)to comply with the Single Audit Act of 3984,as amended(31 U.S.Cock Chapter 75)and OMB Circular A-]33. • 2. The audit shalt be made by an independent auditor-An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's"Standards for Audit of Government Organizations,Programs,Activities,and Punetinas" • 3. The audit report Shall state that the audit was performed in accordance with the provisions of OMB Circular A-I33(or A-110 as applicable). • 4. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountants'(A1CPA)audit guide,'Audits of State and Local t3overn=nental Units,"issued in 1986. • The federal government has approved the use of the audit guide. 5. la addition to the audit report,the GRANTEE shall providecomments an the findings and recornrnendatiouS in the report,including a plea for corrective action taken or planned and comments on the status of corrective action taken on prior findings.If con-ective action is not necessary,a statement • describing the reason it is not should accompany the audit report. 6. The GRANTEE agrees that the grantor,the Legislative Auditor,the State Auditor,and,any independent . auditor designated sty the grantor shell have such access to GRANTEE'S records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1484,as amended (31 U.S.Code Chapter 75)and OMB Circular A-133_ 7- Subcontractors of federal financial assistance from GRANTEE are also required to comply with the Single Audit Act Amendments of 1984,as amended(31 U.S.Code Chapter 75)and OMB Circular A-133. • • • 8. The Statement of Expenditures form can bussed for the schedule of federal assistance. • 9. The GRANTEE agrees to retain documentation to support the schedule of federal assistance for at least four years. . 10. The GRANTEE agrees to file required audit reports with the State Auditor's Office.,Single Audit Division, and with federal and state,Agencies providing federal assistance within Six months of the grantee's fiscal • • year end. OMB Circular A-133 requires recipients of more than$502),000 in federal funds in submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10`''Street Jeffersonville,Iodiana47132 ; Attu:Single Audit Clearinghouse • Mosier Granr C'nntraut ti 12-700-00068 Pagc4 bc.wccn tt a tdinrmota Dtpardn421.of Heattb aqd Dakota County Community Hcrttl Bond Ft2011 . i • DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 C. pratFrec Workplace GRANTEE agrees to comply with the Arog•Frec Workplace Act of 1988,as implemented at 34 CFR fart 85, Subpart F. 1). Lobbying The GRANTEE agrees to comply with the provisions of United States Cade,Title 31,Section 1352.The GRANTEE must not use any federal funds to pay anp person,for influencing or attempting to influence en officer or employee of a federal agency,a member of Congress,an officer or employee of Congress,or any employee ofa member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of soy federal loan,the entering into of any cooperative agreement,or the extension, continua/Con,renewal,amendment;or modification of any federal contract grant,loan or cooperative agreement. . E. Equal Employment Opportunity GRANTEE agrees to comply with the Executive Order 11246"Equal Employment Opportunity"-as amended • by Executive Order 11375 and supplemented by regulations at 41 CFR Part 50. F. Cost Principles The GRANTEE agrees to comply with the provisions of OMB Circular A 2 L,A-87 or A-122 regarding cost • principles for administration of this grant award. G. Rights tp,lrtventions—Experimetttal.Peveia niental or Research Work The GRANTEE agrees to Comply with 37 CPR,Part 401,"Rights to Iitvtntions Made by Nonprofit Orgapizatinnt and Stroll Business Firms Under Government Grants,Contracts end Cooperative Agee ne us" and any implementing regulations issued by the awarding agency. N. Penn Air Act The GRANTEE agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clew Air Act as amended(42 L7.S.C.7401 et seq.)and the Federal Water Pollution Control Act as amended (83 U.S.C.125]et seq,).Violations shall be repotted to the Federal awarding agency and the Regional Mee of the Environmental Protection Agency(EPA).' I. No Smoking • With respect to facilities over which the GRANTEE has control,the QRANTEE shall comply with the innesota Clean Indoor Air Act • I. Nn Gtintlict of inter-at The GRAN 1Eh hereby assures that do interest exists,directly or indirectly,which could conflict in•any manner or degree with the t3R.AN'1E.E'S perfomiauce of services required tote performed under this master grant contract or individual project grant agrr.Gments • • • • mercer g+rint CnuIIeet 0 J2-70D—ONCtt`s halve—pa the Sdiralueta Department of'tfeelth turd Datare County ceuuttunily Health Board 612014 t i DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 fN'WITNESS WHEREOF,the.partics hay::caused this master grant coat'act to be duly cxecnted intending to be bound thereby. APPROVED I. GRANTEE: 2. STATE AGENCY: GRANTEE ccrofies that the appropriate person(s)have Master grant contract approval as rtquired by Minnesota executed this master grant contract an behalf of the , Statuses§§16A.15 and]6C.05. —`-- —GRANTEE- s re.sluiiully_apptirabtP.3ciirlee� Iesolutions,or ordinances. By( horized sip+ tore) By(eutho" d siept ue) Tidci Public Nealih ! A r ffI��frlh r f2(tin Pi 1)(7 Date: - 51_ cj/y Date: I /G!f; By(authorized signature) Title: Date: Approved as to form: AA221,21(ifL11124_,I: 3-PI Assistant County Atto mayeate Rio No. , -ILf-;jfC • • FAS#: G800700 • • '`bitter Grunt Cataract N t 2-700•00068 !'aee 6 b M.vtan th¢Mieneseo,1aepe rewire of Health red Dakow eteincy r.'nmmenity Health Bad 8/2014 DocuSign Envelope ID: BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 INSURANCE TERMS Exhibit E-Page 1 of 2 Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indicated herein and to otherwise comply with the provisions that follow. Such policy(ies)of insurance shall apply to the extent of,but not as a limitation upon or in satisfaction of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors,Sub-subcontractors,and Independent Contractors engaged by Contractor with respect to this Contract,and Contractor shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. APPLICABLE SECTIONS ARE CHECKED • 1. Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than$500,000. If Contractor is not required by Statute to carry Workers'Compensation Insurance,Contractor agrees: (1)to provide County with evidence documenting the specific provision under Minn.Stat.§ 176.041 which excludes Contractor from the requirement of obtaining Workers'Compensation Insurance;(2)to provide prior notice to County of any change in Contractor's exemption status under Minn.Stat.§ 176.041;and(3)to hold harmless and indemnify County from and against any and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers'Compensation or Employers' Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change requires Contractor to obtain Workers'Compensation Insurance,Contractor agrees to promptly provide County with evidence of such insurance coverage. • 2. General Liability. "Commercial General Liability Insurance"coverage(Insurance Services Office form title),providing coverage on an"occurrence"rather than on a"claims made"basis,which policy shall include,but not be limited to,coverage for Bodily Injury,Property Damage,Personal Injury,Contractual Liability (applying to this Contract),Independent Contractors,"XC&U"and Products-Completed Operations liability(if applicable). Such coverage may be provided under an equivalent policy form(or forms),so long as such equivalent form(or forms)affords coverage which is at least as broad. An Insurance Services Office"Comprehensive General Liability"policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office de signation) shall be considered to be an acceptable equivalent policy form. Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least$1,500,000 per occurrence and aggregate,applying to liability for Bodily Injury,Personal Injury,and Property Damage,which total limit may be satisfied by the limit afforded under its Commercial General Liability policy,or equivalent policy,or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(or policies);provided,that the coverage afforded under any such Umbrella or Excess Liability policy is at least as broad as that afforded by the underlying Commercial General Liability policy(or equivalent underlying policy). Such Commercial General Liability policy and Umbrella or Excess Liability policy(or policies)may provide aggregate limits for some or all of the coverages afforded thereunder,so long as such aggregate limits have not,as of the beginning of the term or at any time during the term,been reduced to less than the total required limits stated above,and further,that the Umbrella or Excess Liability policy provides coverage from the point that such aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which"drops down"to respond immediately over reduced underlying limits,or in place of exhausted underlying limits,but subject to a deductible or"retention"amount,shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below. Contractor's liability insurance coverage may be subject to a deductible,"retention"or"participation"(or other similar provision)requiring the Contractor to remain responsible for a stated amount or percentage of each covered loss;provided,that such deductible,retention or participation amount shall not exceed$25,000 each occurrence. • Such policy(ies)shall name Dakota County,its officers,employees and agents as Additional Insureds thereunder. ❑ 3. Professional Liability. Professional Liability(errors and omissions)insurance with respect to its professional activities to be performed under this Contract. This amount of insurance shall be at least$1,500,000 per occurrence and aggregate(if applicable). Coverage under such policy may be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract termination. It is understood that such Professional Liability insurance may be provided on a claims-made basis,and,in such case,that changes in insurers or insurance policy forms could result in the impairment of the liability insurance protection intended for Dakota County hereunder. Contractor therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of Dakota County's protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if necessary or appropriate to avoid impairment of Dakota County's protection. Contractor further agrees that it will,throughout the one(1)year period of required coverage,immediately: (a)advise Dakota County of any intended or pending change of any Professional Liability insurers or policy forms,and provide Dakota County with all pertinent information that Dakota County may reasonably request to determine compliance with this section; and (b) immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of Dakota County. DocuSign Envelope ID:BOEOB460-FOF1-4546-B306-5C343BC20855 Dakota County Contract C0034875 ® 4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Ply{laanpgn#rjsout of the ownership,use,maintenance,or operation of all owned,non-owned and hired automobiles and other motor vehicles utilized by Contractor in connection with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least$1,500,000 per accident,which total limits may be satisfied by the limits afforded under such policy,or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(ies);provided,that the coverage afforded under any such Umbrella or Excess Liability policy(ies) shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within the scope of Contractor's Commercial General Liability policy,such Business Automobile Liability policy shall also include coverage for motor vehicle liability assumed under this contract. • Such policy,and,if applicable,such Umbrella or Excess Liability policy(ies),shall include Dakota County,its officers,employees and agents as Additional Insureds thereunder. • 5. Additional Insurance. Dakota County shall,at any time during the period of the Contract,have the right to require that Contractor secure any additional insurance,or additional feature to existing insurance,as Dakota County may reasonably require for the protection of their interests or those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such additional requirement(s). • 6. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the insurance coverage required hereunder is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage,Contractor shall provide Dakota County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the Dakota County Certificate of Insurance,or in such other form as Dakota County may reasonably request,and shall contain sufficient information to allow Dakota County to determine whether there is compliance with these provisions. At the request of Dakota County, Contractor shall, in addition to providing such evidence of insurance,promptly furnish Contract Manager with a complete (and if so required, insurer- certified)copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer provide at least 30 days'notice to Dakota County prior to the effective date of policy cancellation,nonrenewal,or material adverse change in coverage terms. On the Certificate of Insurance,Contractor's insurance agency shall certify that he/she has Error and Omissions coverage. • 7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by fmancially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to Dakota County. Such acceptance by Dakota County shall not be unreasonably withheld or delayed. An insurer with a current A.M.Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances,Dakota County shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing of any insurer that is not acceptable to Dakota County. If Dakota County does not respond in writing within such 15 day period,Contractor's insurer(s)shall be deemed to be acceptable to Dakota County. • 8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as required herein, Dakota County shall have the right to purchase such insurance on behalf of Contractor, which agrees to provide all necessary and appropriate information therefor and to pay the cost thereof to Dakota County immediately upon presentation of invoice. • 9. Loss Information. At the request of Dakota County,Contractor shall promptly furnish loss information concerning all liability claims brought against Contractor(or any other insured under Contractor's required policies),that may affect the amount of liability insurance available for the benefit and protection of Dakota County under this section. Such loss information shall include such specifics and be in such form as Dakota County may reasonably require. ® 10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage,loss or injury to the property interests of Contractor. Contractor hereby releases Dakota County,its officers,employees,agents,and others acting on their behalf, from all claims,and all liability or responsibility to Contractor,and to anyone claiming through or under Contractor,by way of subrogation or otherwise,for any loss of or damage to Contractor's business or property caused by fire or other peril or event,even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of Dakota County or other party who is to be released by the terms hereof,or by anyone for whom such party maybe responsible. Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of subrogation agreed to herein. Contractor shall,upon the request of Dakota County,promptly provide a Certificate of Insurance,or other form of evidence as may be reasonably requested by Dakota County,evidencing that the full waiver of subrogation privilege contemplated by this provision is present;and/or,if so requested by Dakota County,Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies). K/CM/Exh/Insure-No-Prof-Liability-CM.doc Revised: 10/07 • ITEM: 4.J. ..... :�. Apple ii COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Approve Agreement with Confluence, Inc., for Professional Services Related to Park(s) Master Planning Services Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Motion approving an agreement with Confluence, Inc., for Professional Services related to Park(s) Master Planning. SUMMARY: Staff is seeking authorization to enter into a contract with Confluence, Inc., for landscape architect consulting services for master planning projects related to a potential parks bond referendum. On September 30, 2021, the City Council met with the Parks and Recreation Advisory Committee in an informal meeting to discuss the Future of the Parks and Recreation System. The Council provided consensus direction to the PRAC and staff to begin a process to engage the community and explore if there is support for a Parks Bond Referendum that would: • Update our community and neighborhood parks and trail system • Reinvest in our major recreational facilities which include the community center, senior center, aquatics, and arenas • Redesign/construct new park master plans for Alimagnet, Kelley, Farquar, and Redwood parks The City received four (4) proposals for consulting services consistent with the RFP we released and estimated expenses are as follows: Confluence, Inc. $74,000 WSB, Inc. $74,600 HKGI $79,800 Damon Farber $80,969 The planning process will seek input from residents and park users to determine their future needs and interests so we can provide the appropriate level of parks and recreational facilities. A tentative schedule for the planning process is: February 2022 — June 2022 Develop Master Plan(s) July 2022 Review with Park & Recreation Advisory Committee July/August 2022 Review/Approval by City Council The City will also receive a Dakota County Active Living SHIP Grant in the amount of $15,000 to assist with engaging the community in this process. BACKGROUND: One of the City's adopted goals is to plan for the City's long-term system needs, including a possible Parks and Recreation Bond Referendum. As the Council is aware, the City has park system assets with a value that exceeds $31,000,000 (not including the aquatic center, community center, senior center, or arenas) and many of the amenities (playgrounds, courts, trails, parking lots) are nearing the end of their useful life and will need to be replaced in the next few years. The objective of the Parks Master Plan study is to develop options, provide images of proposed improvements, create a priority list, and develop cost estimates associated with those improvements. The planning process will seek input from residents and facility users to determine their future needs and interests so we are better equipped to provide the appropriate level of recreational facilities. Proposals were reviewed by the Parks and Recreational Advisory Committee at their December 2, 2021, Informal meeting. Consensus by the Committee and staff was to pursue an agreement with Confluence Inc., for their services in regards to a Parks Master Plan. BUDGET IMPACT: Adequate funding has been allocated in the Parks Administrative Budget (1700.6235) for this expenditure. ATTACHMENTS: Proposal Proposal t ry • PARKS MASTER PLANNING . � � APPLE VALLEY, MINNESOTA. .. `� R ', f le."' - . r - . NOVEMBER 14, 2021 t • ` 1._ p! rt f r r. L{ - "••" •c Wit. Aa: , � — • 4 0 ..„,40,,,v. ,.. .., .„,".!.., _ .-...,74_ ,ti5"•.7':,!!'..„,-,k;'••.. ... '7•••:;.?;'....4- . .`. :... ...7..7.0• _.. ,. 1 ..,.... .&--• .. ..: ' • � ^ ' �•.f.•�s�. , Fis..y' .C. . .Fti . . • • •.hr=4:{,4.. r:; - ,. r ' - ` 'y " • r :-�.a •\ : e:z a " •. ,Ar , r _ , '2-t-� 4. '. '! ' S f • _ .. .'ems' S . • r _f a '!Y - - - - • • • • • • • n E. ! •;: _ l • ...1 s N, -JL„ '_ ...!„'.- .•x g4: •'4 _ .. 7^• -~ '• • . ' . e• ,ti • • y�xr'i. �:: • . r-•:-& .•' .' • � .� • '4:.11,e, .:r^. - • .ram` .#' 1,r • 1 . i f. (..,'..f.-,-L.. 1•,,,.,..•_•, .-:4••...1_;,-.—.i,•••-•-••L-,•:., -,''. 1 •••A — • • . L•tri---1.• ''..8\•\•\/_4,.. . . : . .-. . . . . • ...‘ .._. ._....,..z-,.,..,....,,, , ,• f'.::- #,...44/./Z-Art. „•••••ri,.--..'• Atikkh''..:14.•_.• CX,'•\... • , ‘7.-; . - . , .1-,_:-...':...'-.--.-..... -....-.• --,,-_-.•-;',.,/.. '.': • COf FL • EflCE .0 530 N THIRD STREET,SUITE 120 MINNEAPOLIS,MINNESOTA 55401 612.333.3702 WWW.THI NKCONFE_UENCE.COM LETTER OF INTEREST November 19,2021 conFL' ' EncE Eric Carlson, Parks and Recreation Director Apple Valley Parks&Recreation Department 14603 Hayes Road Apple Valley, MN 55124 RE: APPLE VALLEY PARKS MASTER PLANNING Dear Eric and the Selection Committee, We are very excited to submit our qualifications for the Apple Valley Parks Master Planning Projects.This opportunity to re-imagine such important spaces of the park system in my hometown of Apple Valley comes infrequently in one's lifetime.The Apple Valley Parks Master Plans must establish their own identity, programming,and sustainable operating model,but they must also respond to and anticipate opportunities and challenges presented by new recreational trends and patterns the residents want to beactively involved in. Our priority as your master planning consultant is to establish a positive dialogue with all of the stakeholders critical to the Park's success.We believe this is essential to fostering a shared long-term vision that can endorse,supports a grand vision,and incorporates the flexibility needed to endure in a constantly changing world. Engaging the community,stakeholders,and project partners to include perspectives from a diverse group of people is an important part of this project.We combine local talent who collectively understand the intricacies and particular needs of Apple Valley with regional experts who understand the big picture and can incorporate lessons learned from a larger portfolio of projects, ensuring ideal solutions for your needs. Confluence works on a variety of parks with a range in size from larger regional parks to neighborhood and community parks to smaller pocket parks.We also are local leaders in park system master plans which includes equity driven design, distribution,and access of park amenities throughout entire communities.With this broad scope of experience, we understand how a single park fits into an entire system and no matter the size it still plays an important part in a community's green space and well-being attributing to healthy lifestyles and overall mental health. Great design must be paired with a strong framework for programming,operations, maintenance,and stewardship. As you team,we bring integral knowledge all these parks having spent time in them and living near them for over 20 years.Confluence leads a community-focused design process that will build upon the assets of these parks and provide opportunities for new amenities and activation.We provide an active and participatory charette process that includes our best designers company wide and is inclusive of the project team and other key City stakeholders.This visioning builds consensus and community with ownership and pride in what the final Master Plans can become. We look forward to the opportunity to work with you and the Apple Valley community to take the bold steps necessary to realize the full potential of these parks. Respectfully, Confluence Terry Minarik,ASLA, PLA/Principal 612.333.3702 tminarik@thinkconfluence.com PROFESSIONAL DESIGN SERVICES-PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA CO(1FLUE(10E 2 SECTION ONE/FIRM INFORMATION+HISTORY WHO WE ARE LOCATIONS Confluence is a professional consulting firm comprised of landscape architects, Minneapolis urban designers and planners.Our staff of 70+includes 39 licensed landscape 530 N Third Street,Suite 120 architects and AICP certified planners—and our firm is comprised of energetic, Minneapolis, Minnesota 55401 creative,and passionate people who are involved in making our communities 612.333.3702 better places to live.We assist our clients on a wide range of public,educational, thinkconfluence.com institutional and private sector projects.Our landscape architects are licensed to practice in California,Colorado,Georgia, Kansas, Idaho, Illinois, Iowa, Michigan, Des Moines Minnesota, Missouri, Montana, Nebraska, New Mexico, Nevada, North Dakota, Ohio, Cedar Rapids Pennsylvania,South Dakota,Tennessee,Texas, Utah,Wisconsin,and Wyoming—and Kansas City this list continues to grow to meet our client's needs. Omaha Sioux Falls WHAT WE DO Fargo Chicago Simply stated-we create places full of life.The diversity of our work and expertise Denver has become a hallmark of our firm,and it's a big reason why our clients engage us again and again to help establish their next creative vision for the future.We offer a Staff:70+ wide array of design and planning capabilities, handling everything from stakeholder Years in Business:Since 1998 and community engagement activities,to crafting urban design and community planning solutions,to representing our clients during construction implementation. With over twenty years of award-winning experience and hundreds of completed projects, Confluence has shaped the practice of landscape architecture, planning and urban design across the Midwest, and we love what we do.What can we do for you? HOW WE WORK • --- Our creative process is focused on collaboration and insightful interaction with our clients, consultants and the community in which we work.We begin by gaining an -- f insightful and objective understanding of each project,including how it fits into the111111 surrounding context. From vision to completion,our team excels in collaborating to i 1147H-1-- shape and achieve your"what's next"—while also planning ahead on your long-term te.-vtiEl quastrategy.The diversity of our practice and professional experience provides a solid • framework upon which to build successful strategies for achieving our client's goals. - i I I_ --� J ' '.--' Confluence brings together people, energy and ideas to shape the future of our 1 • ' ' ., __, , ,___ communities. We strive to achieve the inherent potential within each project while OFFICE. - naturally making our world a better place. . Ali" — Will lir 11 - L�"- ' t • ---ter y '�--`•.' 4 , ----- " --ZiLn-IL‘... - • ----'--4 I.- ‘,. , ...... _ ti,,,4 ._. . . . . . . _,,, . ..... _,...„ . 1 ..„._... ,....,, ...., :c. , ,,„:„.: ..,,,,,..,.,..7 ,_,.:„. . ., 1,„.-,.. .., . ,,,_....„.... . . ,._ ... ,. ,. . _. 1 , ' , . . , _,.. ....___.„. ,...v, - . .. SITT ill............. ~.4eiri . 1, ...,..... 4- _.,1_ -. ..;lli " -�/ �,._.. � �-ai t�:sae'::�::1.i:••--� _ � _ PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEfCE 3 SECTION TWO/ABOUT THE PROJECT ABOUT T ..t ° :L?, D ._...:114C-t= _wig! :... ,r.;•A I a 411 r ti!!iI �N T� qee; - • k • PROJECT UNDERSTANDING and low income households.We will identify opportunities The City of Apple Valley is soliciting the professional design that engage people through a variety of community input services of a landscape architectural firm for the planning processes,going out into the community and meeting people and design of up to four(4)parks(Alimagnet Park, Redwood where they are. Members of our team have been involved in Park, Farquar Park,and Kelley Park)in preparation for a developing similar parks master plans for communities like future Parks Bond Referendum.The role of Confluence Apple Valley and throughout Minnesota and the Midwest. would be to guiding residents,the Parks and Recreation This experience provides us with a unique understanding Advisory Committee, City Council and staff through the of the surrounding area and important recreational trends master planning design process including the creation and opportunities to be considered.With extensive strategic of park concepts and amenities, potential programming planning; master planning; programming; recreation facility opportunities and cost estimates for each park. design; natural resource and ecological management experience,we have a successful track record in the planning, With Confluence you will receive a high-quality team with design and implementation of park projects for Apple Valley. proven system-wide master planning experience. Confluence has the knowledge and expertise to provide the City of Apple Valley with comprehensive and community-supported park master plans that have unique activities and programming but serve the park system as a whole.The foundation of our team's approach is a creative and comprehensive public participation process. It is very important to not only engage those who typically participate in the planning process but also those who do not including traditionally under-represented groups such as racial and ethnic minorities(BIPOC), people with disabilities, elders,youth, PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA CO(1FLUE(10E 4 SECTION TWO/ABOUT THE PROJECT CREATING COMMUNITY • , 4y - 1•. 'in' Apple Valley has well used parks,especially those geared .!. , toward athletics. However,this effort holds thepotential -. ,i - Ti = sr .. to connect to a large segment of the population that isn't - using the parks,and hasn't participated in civic efforts up x .;y.• 'i >--, ,_ to this point.Our process is intended to reach into these _ - communities and help the city develop authentic,long-term �° relationships.The parks and trails a great vehicle for starting this engagement—parks have such an effect on people and if • x,.; x' they can see that their voices are being heard,trust will begin " i • to grow.Additionally,this master planning process has the t� ', ' • opportunity to stitch neighborhoods together and developf`. r • �� PP y g g • � parks in a way that creates a sense of neighborhood that ;.f..: "��4 ;TF • represents the neighborhoods they reside it.An effective T:x} '` • - ,' Park plan can bolster this effort and become a signature for ;.Malt — {<< _ the neighborhood—but also for the city. r -� -7,9" ti`.-v 4' . �i yak '1r1� . n SCOPE OF WORK r F We are proposing an added value service to our master . planning process.Living in Apple Valley and developing the " 'T Park System plan with the city, I understand the need for w � z enhancing and creating these special places. Opportunities r . to enhance underutilized space, build upon existing success like the splash pad and community events in Kelley Park, the social gathering in Redland Park and enhance the COMMUNITY ENGAGEMENT connections to water and nature in Farquar and Alimagnet We anticipate working on all parks as a part of this process Parks. and we do see efficiencies in an overall unified community Living next to Farquar for over ten years has given me an engagement process with a clear message being requested for park master planning within the community minimizing understanding of how it is currently used, its issues and confusion gathering data in the most effective manner.Our what its potential could be.We recently completed a master plan concept for Kelley Park and I fee we could build upon approach will also include park specific engagement as this work and develop a plan that fits the current needs of we also want to engage those specific neighborhoods and the community and City Administration.Alimagnet Park is resident user groups that identify with each park and the a hidden sanctuary that has strong roots nature and park BIPOC and underserved residents as well. amenities not found elsewhere in Apple Valley and from working on the Burnsville park system plan we understand Confluence is known for its fresh and original approach to engagement,which combines observational analysis, both sides of the park. Redwood Park has the potential to immersive experiences, compelling storytelling, and targeted be Apple Valley's gateway park on its west boundary. Having use of social media and online platforms.We strive to use the outlived the current pool and growing popularity in inclusive most innovative and effective tools to facilitate participation, play,splash pads and community gathering this park would bring quality amenities to areas of the community that are input,and buy in,working closely with stakeholders, businesses,and the community by meeting people where currently underserved. they are.We will use Social Pinpoint to gather online data, utilizing it for site analysis and existing conditions feedback, gathering community perspective and opinions,sharing the projects plans and visions and serving as a web site for the Park Master Planning process as well.We utilize social pinpoint in many of our projects and have a great understanding of how to effectively use this tool to reach a broader audience and gather meaningful data. PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COCIFLUEfCE 5 SECTION TWO/ABOUT THE PROJECT We have brought this approach to pop-up conversation DELIVERING A SUCCESSFUL PROJECT,A POWERFUL VISION YET sessions in local churches and beloved neighborhood PRAGMATIC gathering spots to ensure that a high-quality human Confluence is responsible for keeping everyone on the core experience is prioritized in the design process.Often,the design team and core client team informed,setting useful benefit of a major investment can be challenged by the communication tools early on,and ensuring that milestones little things: poor pedestrian connections,non-intuitive and deliverables are met on time and on budget.The best wayfinding,not enough sun or shade in critical moments,or possible design is one that balances pragmatism with the a spectacular view overlooked. By observing the everyday life desire to deliver a transformational project.Throughout the of a space,we can capture how people"vote with their feet" process,we will firmly steer our stakeholder groups towards on a site and reveal important and surprising opportunities solid results in a fully implementable schematic design with and challenges that can be addressed in a design. buy-in from the community every step of the way.At the same time,we will take every opportunity to encourage new We engage a diversity of stakeholders throughout the ideas.At every turn,we will ask questions to push us toward process—from defining opportunities and challenges in the bold—yet sound—solutions,and even more important we early stages of a process to eliciting preferences around will listen and respond to this input to represent a sound design options in later stages of the process.We see Apple Valley community-based project. important stakeholders alongside but not overshadowing community voices and strive to bring them along in the design process from early walkshops to final design review, developing buy-in and a sense of coownership along the '- -1i. way. People sense when outreach and engagement are II . coming from an authentic place or if they are simply a way •; ' ' :4x 1.1.,•q. .,t '- - to manipulate perception towards a predefined outcome. ; / I 4_- -• - We design our engagement approach to maintain and .,.. I• ,. _ . build a high level of trust between our partners and their . x --., "' constituents. - �411gdl .K .1_AP From years of experience working with communities in long I :...,,and short engagements,we know that trust is only built over s .: - time and every interaction is a moment to demonstrate a s '�r-' .. shared commitment to a thriving place and community. Our - �•.... stakeholder engagement will begin with a thorough list of • -•'�' r , •:;•'_,:•s�' key stakeholders to engage.We anticipate that the BIPOC • t _ '• " -. community will play a significant role in our stakeholder • . --=` `F "` ry. group and we will engage them early to help the team define success and identify program or physical constraints and . - „ ,.• . ,• • -. ,;, _,;/r . .' opportunities-based perception and use of these arks. sb4'•_ ' °;: .< vr3t'. r--•-• PP P P P �•• �:�- ... • i-- We will organize site"walkshops"to walk and explore the I' ' F � r+ 3 L= `>iri: Parks and discuss other inspiring local and regional parks • .'Arg,t,-. .,-.1:z•_;•- --liik . �'1 ! 'fr. with stakeholders and community members to identify '' tc; ■. - rs i.gpis the places that feel safe, comfortable,and pleasant and •--"''''''"''"'''"''"'''' .y those which feel unsafe, uncomfortable, unfriendly,and • ;;' +.- therefore uninviting.These earlyengagement exercises willNi • ' "" �"" gj �... ��_µ• _L,�. lay the groundwork for all planning and design work. Public I ` �t',s -AI:• 4„•- ..•,'' ' engagement will have a friendlyformat,framingand focusing •• �' ► :-'' ",.-•'' - - ,. • on the positive aspects of the conversation. Channeling the r - • �•' i = __ voices of stakeholders into memorable and lasting design _ + 1. • moves. ' - - - PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E SECTION TWO/ABOUT THE PROJECT PARK-A-PALOOZA TIMELINE A major element of our approach revolves around an event We can meet the timeline identified in the RFP and deliver a called Park-a-Palooza. Our team will lead a design workshop quality project that meets and exceeds your expectations. for the Parks identified in the RFP.This one/two-day event Our team of local and regional landscape architects and will include a team of principal designers and specialists designers has the depth and experience to provide high from Confluence's offices that have unmatched park quality design and graphic illustrations to promote the park design experience.We will orchestrate Park-a-Palooza to redevelopment in the planned referendum and achieve collaborate with project team.We will identify and prioritize a successful result.We are also flexible to respond to any key precedents that best illustrate the design character needs for additional requests and scope that may come up for each of the parks and prioritize the precedents moving through the process. forward that best illustrate this vision.The ideas generated will provide direction and guidance for a variety of ideas and TASK ONE/PROJECT INVESTIGATION AND DATA options settling on the creation of 2-3 options for each park. GATHERING These options will provide a graphic and written description • Site visit that will be the basis for refinement into concepts that will be • Meeting with the owner to outline project and park used to communicate with the public.The intent of Park-a- program Palooza is that it will be a celebration of collaboration and • Gather appropriate data(City to provide information we ideation—providing our design team's experience and talents have available) to the City's team so that we can design together in a unique and creative atmosphere. TASK TWO/COMMUNITY ENGAGEMENT • Meet with Park and Recreation Advisory Committee as F- ... needed(could be a subcommittee) ' 1` =` - • Neighborhood meeting to seek neighborhood interest(s) ,..; r',, (emphasis on engaging BIPOC/underserved residents) ..:_ ,.-• :, . c, Development of on-line feedback method(s)utilizing ;'.. •;C;: -', ,. '7,7.!r ;�. ;,"! '. • '•: '- Social Pinpoint for engagement and feedback and as an :.. . , . . 7,-7 , •4..:,,,, ,..°" online website for the project. °�' TASK THREE/PROJECT IDEATION e, .. ; i7- : • Development of multiple concepts for each park utilizing vkx 't} *:.-;. -- . ' • r•..' larger team charrette -•. ,.---tii:,...1._' y "' - ( .' ., Establish a rough budget estimate for each concept - a ' +.`,`; ^=ti • Presentation of concepts to staff/public r . ;ri : r^ , Refinement of preferred concept ��,. 1/4 zt �- .is K TASK FOUR/COMMUNITY REVIEW '`'"'' "'yam ''�'' Neighborhood meeting to review concept preferred plan P �• • Meet with City Council to review preferred concept plan y {". , - • -, TASK FIVE/FINAL MASTER PLAN • - `% I''' �'t •% • Establish a budget estimate �~ • Establish operational budget estimate x� err. r Development of Final Master plan document and ""' graphics to be used in referendum effort i ; PROFESSIONAL DESIGN SERVICES-PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEfCE 7 SECTION THREE/DESIGN TEAM ORGANIZATIONAL CHART Confluence is a professional consulting firm comprised of landscape architects,urban designers and planners.Our firm's work includes a wide range of public,educational, institutional and private sector projects.Our process is focused on collaboration and interaction with our clients,consultants and the community in which we work.Confluence's staff of 70+includes 39 licensed landscape architects and AICP certified planners.Our landscape architects carry licenses in Minnesota+ 15 other states.The organizational chart below illustrates that Confluence will be the Lead contact for the Design Team,and we would prefer a single point of contact from the Client. ■•• •••■ ••••• ••■■ ••• Apple11 Va II ey STAKEHOLDERS STEERING COMMITTEE COMMUNITY ENGAGEMENT CITY COUNCIL + PARKS COMMISSION Terry Minarik,ASLA, PLA Project Principal,Point of Contact 612 333 3702,tmmarik@thinkconfluence.corn PARK MASTER PLANNING Jake Coryell Landscape Architect Mamata Gurigain Landscape Designer Additional Landscape Architects and Designers are available de- pending on the number of parks awarded. PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E 8 SECTION THREE/DESIGN TEAM TERRY M INARI K, ASLA, PLA ►� • PRINCIPAL + LANDSCAPE ARCHITECT +3"r PROFESSIONAL + CIVIC AFFILIATIONS IWO r00 I "ob'" American Society of Landscape Architects, Minnesota Chapter CURRENT+ NOTABLE PROJECT EXPERIENCE Highland Bridge(Ford)/City of St. Paul, Minnesota Sauk Rapids Riverfront Parks/Sauk Rapids, Minnesota Eau Claire Cannery District Parks/Eau Claire, Minnesota Terry has an extensive background Kelly Park Master Plan/Apple Valley, Minnesota in urban planning,programming Bloomington Park System Master Plan/Bloomington, Minnesota and public space design and Shakopee Park Trail Recreation Master Plan/Shakopee, Minnesota collaborates with his clients Mdewakanton Sioux Community Riverfront Master Plan/Shakopee, Minnesota to develop innovative and contextually sensitive design (MPRB)North and South Service Area Master Plan/Minneapolis, Minnesota solutions. He has dedicated his Edina Parks and Recreation Strategic Plan/Edina, Minnesota career to creating meaningful Fred Richards Ecological Park Master Plan/Edina, Minnesota spaces that challenge the Stagecoach Park/Shakopee, Minnesota conventional boundaries of landscape architecture. Quarry Lake Mountain Bike Trail and Skills Course/Shakopee, Minnesota Traverse Trail System Master plan/Duluth, Minnesota PROFESSIONAL Parks and Recreation System Master Plan/Burnsville, Minnesota EXPERIENCE Park System Master Plan/Apple Valley, Minnesota 32 Years of Experience Marystown Dog Park/Shakopee, Minnesota 8 Years with Confluence Shakopee Cultural Trail/Shakopee, Minnesota Little Bear Garden/Glenview, Illinois EDUCATION Windemere Community Park Master Plan/Shakopee, Minnesota University of Manitoba Master of Landscape Architecture Sandventure Renovation/Shakopee, Minnesota Spring 1995 Shakopee Lions Park/Shakopee, Minnesota St.Cloud RiverWalk Master Plan/St.Cloud Minnesota University of Manitoba Rice Lake Park/Prior Lake, Minnesota Bachelor of Environmental Design /Spring 1990 Dakota County Mississippi River Trail Interpretive Plan/Dakota County, Minnesota Gateway Park Master Plan/Minneapolis, Minnesota PROFESSIONAL Town Green and Amphitheater/Maple Grove, Minnesota* REGISTRATIONS Central Park Master Plan/Maple Grove, Minnesota* Licensed Professional Linden Square Amphitheater/Glandstone, Missouri Landscape Architect: • Legacy Park Amphitheater Improvements/Lee's Summit, Missouri Minnesota/#42242 Joliet Town Square/Joliet Illinois • Texas/#3448 • North Dakota/#158 Olathe Community Center/Olathe, Kansas • Connecticut/#1568 *work performed while employed by another firm • Nevada/#1021 PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA con FLUEf10E 9 SECTION THREE/DESIGN TEAM JAKE CORYELL, ASLA, PLA 1114 {� LANDSCAPE ARCHITECT4411111. PROFESSIONAL+CIVIC AFFILIATIONS - IP . •+ American Society of Landscape Architects, Minnesota Chapter :sfi` •Programs Chair/Fall 2019 North Dakota State University Alumni Advisory Board/2015 to Present • :gyp: ACE Mentor(Minneapolis)/2018 to 2019 t !��. • . • American Society of Landscape Architects,Great Plains Chapter/2013 to 2015 •Emerging Professional Committee Leader Jake brings inventive and fresh CURRENT+ NOTABLE PROJECT EXPERIENCE ideas through a systems thinking approach to design. He is driven Highland Bridge(Ford)/St. Paul, Minnesota by the creative process and Highland Baseball Ford Fields Master Plan/St. Paul, Minnesota the organization of complex Gateway Park/Minneapolis, Minnesota design challenges relating to the Sauk Rapids Riverfront Park Master Plan+Implementation/Sauk Rapids, Minnesota private and public realm.Jake's Shakopee Park Trail Recreation Master Plan/Shakopee, Minnesota goal on any project is to try and reveal a clear solution that is Kelley Park Master Planning/Apple Valley, Minnesota functional,flexible,and inspires Northwest Parkway Reconstruction/Eagan, Minnesota the community to become more St.Cloud Riverwalk Master Plan/St. Cloud, Minnesota engaged. Burnsville Parks System Master Plan Update/Burnsville, Minnesota PROFESSIONAL Fred Richards Park Master Plan/Edina, Minnesota EXPERIENCE Peavey Park Phase 2/Minneapolis, Minnesota 8 Years of Experience TCO MOB and Performance Center/Eagan, Minnesota Duluth Traverse Trail System-Mini Master Plan/Duluth, Minnesota 8 Years with Confluence MPRB North Service Area Master Plan/Minneapolis, Minnesota EDUCATION Freeborn County Rails to Trails Master Plan/Albert Lea, Minnesota North Dakota State University Aeon Prospect Park/Minneapolis, Minnesota Bachelor of Landscape Baseball Project Rochester SRA/Rochester, Minnesota Architecture/Spring 2012 Wayzata Parks and Trails System Plan/Wayzata, Minnesota Lifetime Fitness Landscape Implementation Standards/Various Locations North Dakota State University Bachelor of Environmental Design Bright Horizons Playground/Sioux Falls,South Dakota /Spring 2013 Bike Trail Amenity Planning/Luverne, Minnesota Foundation Park Planning/Sioux Falls,South Dakota PROFESSIONAL City of Brandon Comprehensive Park Plan/Brandon,South Dakota REGISTRATIONS Prairie Hills West Park Improvements/Sioux Falls,South Dakota Licensed Professional Good Earth State Park at Blood Run Master Planning/Lincoln County,South Dakota Landscape Architect: Arc of Dreams Sculpture/Sioux Falls,South Dakota • Minnesota/#54608 Kuhnert Arboretum/Aberdeen,South Dakota • Iowa/#LA00730 Dunham Park Improvements Master Plan/Sioux Falls,South Dakota • Colorado/#LA1330 Upper Terrace Park/Sioux Falls,South Dakota Southern Vistas Park Master Plan and Improvements/Sioux Falls,South Dakota PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E 10 SECTION THREE/DESIGN TEAM MAMA 11A. GU AGA8NgASLA LANDSCAPE DESIGNER PROFESSIONAL + CIVIC AFFILIATIONS American Society of Landscape Architects, Minnesota Chapter AWARDS Runner Up, Sites Magazine Future Legacy Competition, Re-coding Pipes/2017 ASLA Honor Award; Seeding Sideyards/2016 CURRENT+ NOTABLE PROJECT EXPERIENCE Mamata has over two years Bloomington Park System Master Plan/Bloomington, Minnesota of experience with a variety of project types ranging from Jennifer Lane(Prairie Meadows)Park/Shakopee, Minnesota primary and secondary education, Riverfront Marina /Shakopee, Minnesota neighborhood development and Marystown Dog Park/Shakopee, Minnesota medical offices. Her work is driven Sandventure Renovation Feasibility Study/Shakopee, Minnesota by a desire to create spaces for all ages to enjoy. Shakopee Quarry Lake Park/Shakopee, Minnesota Ford Site Redevelopment- Public Realm/Saint Paul, Minnesota PROFESSIONAL Colorado Front Range Trail* EXPERIENCE South Wadsworth Retail/Lakewood, Colorado* 4Years of Experience Prospect Ridge Academy/Broomfield, Colorado* 2 Year with Confluence Woodrow Wilson Academy/Westminster, Colorado* EDUCATION South Hover Senior Living/Longmont, Colorado* University of Illinois,Urbana- Kaiser Permanente Medical Office Building/Parker, Colorado* Champaign Origins Hotel, Red Rocks/Golden, Colorado* Masters in Landscape Architecture West Line Village Multi-family Housing/ Lakewood, Colorado* /2017 Single Family Residences/Stapleton, Colorado* Tribhuvan University, Pulchowk South Hover Neighborhood Development/Longmont, Colorado* Campus *work performed while employed by another firm Bachelors in Architecture/2011 PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COOFLUEOCE 11 .e SECTION FOUR/REPRESENTATIVE PROJECTS e • ' - • - ,- ! : r ,"-4 t r -ill 4*/#111 I 1 y rle 7t ,aa4111 /. Y : .. LINDEN SQUARE \I'liPHUTHEATER PROJECT DETAIL AT DOWNTOWN GLADSTONE Location Gladstone, Missouri The signature destination park serves as a central gathering place Client in the City's emerging Village Center for family-friendly events, City of Gladstone, Missouri festivals and larger community programs throughout the year. Size Confluence led planning and design efforts for the new Village Center 0.75 acres redevelopment area by incorporating an amphitheater, pavilion, parking, pedestrian Awards plaza spaces and lawn space that converts into an ice rink. Best Streetscape&Public Space Improvement Project: This new community amenity was designed to stimulate interest in redeveloping Missouri Main Street Connection surrounding properties in the area,including a multi-story building on the current Urban Land Institute Kansas property. Our team assisted the City in coordinating these two projects to improve City Development of Distinction the relationship of the adjacent facilities.Amenities include the use of a walk-out Award basement providing community restrooms, concessions area and storage for a variety of city-owned equipment that supports the multi-use nature of this dynamic Merit Award Design Built: park space. Prairie Gateway Chapter ASLA Merit Award-Design Built: Central States ASLA Kansas City Business Journal Capstone Award +� �r r Clay County Economic • ��1yOt�'`: •, Development Council Keystone i as - ---11`� Award :� ��.. : I'n l-:�_ -. - + ry __ .1...,. , `� . I' c • Contact �� +' tor Scott Wingerson/City Manager _;:�_. �-_ � '' ' ; City of Gladstone, MO G • _" scottw@gladstone.mo.us .' �•. =- - ,} + 816.436.2200 .r PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COOFLUEOCE 12 SECTION FOUR/REPRESENTATIVE PROJECTS xi- ! 1 ..-.:-'" ----'7- -.T-—. 1_ . . .,,,,,i.,,_ 11 A--1.' •P. tii _� II ro :rye, `' Ii -,fit--� •�yL • •\` 1 _ - +i�. a1�. ,i / =� I .- ik 70111mq ''. '`� 1 W. wewours xiwwr.vcca.!._ . �arnarxrW --.- filli- mecooK f�— FIRE FEMUR SAUK RAPIDS RIVERFRONT PARK PROJECT DETAIL IMPLEMENTATION Location Sauk Rapids, Minnesota The Sauk Rapids Riverfront Park focuses on a strategy to encourage residents and visitors alike to reconnect with the Client Mississippi River and nearby downtown Sauk Rapids. City of Sauk Rapids This revitalization effort intends to serve the local and regional community by Size providing many programming opportunities that will engage and attract many user N/A types to the site inviting the community to congregate,socialize, play and relax. Contact Confluence led the visioning of the riverfront park, building intent and program,as Ross Olson,City Administrator well as the public engagement process in partnership with the City of Sauk Rapids. 320.258.5302 The riverfront park includes an event center venue, performance amphitheater, rolson@ci.sauk-rapids.mn.us event lawn space for community events, recirculating sequencing interactive water feature,small gathering venue, river engagement and touchpoints,native restoration and the adaptive reuse of granite outcropping.The Mississippi will regain its value as a focal asset for the community and the riverfront park will become a part of the cityrs identity as well as a regional attraction. _ __- .,_, ,,,,,s,=...r.„,r. . ,,,____ ...... ....„ __ . .. ..„,...„ __ . :,:. . „,. .. . ._.. , . _ .., _ .,.., :.".„. . .„,. ,,_ _ _ _____„. . _.._,: i.,. �' MM �^ -•" �R..Y1� ,—.:.r am. libli-M .-- __ -- - '"i. ., PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E 13 SECTION FOUR/REPRESENTATIVE PROJECTS .. .. . ,.., .._,. _....:, _ . ,..!.:.:..,.... 4...,,./6.„ _ ... ,7,0-pr• wii$1, .,•:. .,. ali; 1 „ a.1 •':, •4• ., , --• , 1 {r. r . ,. ' fir. • A i ai i c.y ,• _ - ` 40 .. - 4:, '. !-"`t i :. :-.5: , "q: `--as• 41;c/ • i' •'F_ ':` [ +- . _ 'Y tir •.y 1 �, mot /.•_y •r .. - • :fir•. iE_i_=L�.: - .,..;:_:,,,...&. - it ? 'a" %t . LITTLE BEAR GARDEN AT GALLERY PARK PROJECT DETAIL Location Little Bear Garden is a children's garden within Gallery Park, the Glenview, Illinois 140-acre park at the center of the Glenview Naval Air Station redevelopment. Client The goal was to develop a garden that would be educational through engaging play, Village of Glenview stimulating to the imagination,and physically challenging at appropriate age and develop-mental levels.A parallel goal for adults was to provide a gathering place Size where parents, relatives and friends could meet. Little Bear Garden is surrounded by 140 acres a circular walk and fence,with one point of entry for security and safety.The central circle is a small"village green."This is surrounded by a circular trellis and walkway with"porch swings"hung from the trellis, providing a place for adults to rest,meet, and watch the children.Outside the trellis are six gardens:maze, planting garden, sand play area,playground, interactive water feature,and storyteller's corner.These gardens are connected on the outside perimeter by a serpentine tricycle or walking path.The entire garden is planted around the perimeter with trees and shrub for both seasonal interest and screening from the surrounding roads and parking. Confluence was the landscape architect for the project,and worked closely with Skidmore, Owings&Merrill,the architect and prime contractor,in the development of the concept.SOM was responsible for all hardscape design and documentation. 'r fir.:. . • _..- 14. • `lam= - - - - -14 �, � Yi PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E 14 SECTION FOUR/REPRESENTATIVE PROJECTS --- -- -+=ter.+.:- ., - r--- GB ` . ,,r -- . . ' . **16'''':.:6"-47-7'-42L--417:744- '.-7--17:c. tf-7 -- - -'-''7-.17- --'-- -- .1---1 nii ---f '-r: ') 4.11: ism , ® lit ; .- _r ;; 1 I -7 \ + f or /V 4/ dal..' y' _ , � I A. ___J_ �c Ceti' _. . -,� 1 .J fi .10_,--,41.,) t,_ — . -- r�ldti; 't. —��' 't _ [ A. '_ __,- _) __, c., ,--.-__. ,....,__ , _-_ii r I: .-�y r •_' .x� •• 'i 'm,:ti� �... .�: J4\ .r... - - Via• ` KELLEY PARK PROJECT DETAIL Location Kelley Park is a focal point of the community located in the heart Apple Valley, Minnesota of Apple Valley. This master plan reimagines the potential of Kelley Park. Client Confluence was retained to the bring a vision that builds upon the existing park Apple Valley, Minnesota design and enhancing the quality of life and experience for nearby residents and visitors.The Kelley Park Master Plan includes places for performance/gathering, Size/6 acres expanding existing water feature amenities, restroom and concession facility, courts areas, enhanced play elements, communal fire pits, enhance landscape and green Budget/$2,000,000(estimate) infrastructure, opportunities for local art expression,and expanded parking.The Kelley Park Master Plan will benefit the future growth and image of Apple Valley and Completion Date/2018 the overall park system. tea. ti!. _ ior •'6' S cl•_-•i PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY, MINNESOTA COf1FLlJEf10E 15 SECTION FOUR/REPRESENTATIVE PROJECTS — -- - -. V .cat. j. 7..ci I - — - `rtr :'r 1< " ^ec:' ' aa • `.sue - • ,{4 r. 'taif • A Oil tee•.h' - y,.`. u, ; yam•' ..Y 1 : ` ': ; . s .x.. z.,:ice:_ ''. ..:r- '''z.1/4%� --- ..} •.' - , % -em �+� ... '" i.�6`�.•. .:r `Y. �,. :�t" �., fin:.-' ,_. . �I; PRESERVE PARK PROJECT DETAIL Location The pocket park enhances and defines the street level Rochester, Minnesota environment of these low-rise apartments creating a unique image and character for the development. Client Harbor Bay Development, This pocket park was at the heart of a new multi building residential development. The Park was built and dedicated to the City as part of the Park dedication Minnesota contribution for the project.The client wanted to create a park that built a sense of community and neighborhood within a new development on the edge of the City. Size The Park became the center of community activities,socialization, events,and a 1/2 acre place to play,walk your dog,and catch some sun.The character of the park reflects the tradition of the rural area and establishes and identity to the development. Contact Tom Lund-Developer tom@lundpartners.com 612.867.7654 • • r � g1_--- 4 Y. . fie - PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E 16 SECTION FOUR/REPRESENTATIVE PROJECTS -._ - .e.- - _- -- -_ -- -- � w r' 15 �`. - _ - `. • _ li • •'`:�. a .r 'r 1 = i� GALLERY PARK PROJECT DETAIL Location The park includes a 55-acre lake that acts both as a regional Glenview,Illinois stormwater detention facility for The Glen's 800 acres and is also the focus of Gallery Park. Client Village of Glenview The goal of the park design was to create a natural, informal park at the center of an increasingly dense and urbanized area.The lake itself has a naturalistic shape and is enhanced by wetland and riparian plantings above and below water level, remote Size "habitat"islands surrounded by wetlands,and a meandering gravel path that follows 140 acres and touches the water's edge. Other paths in the park are paved, and are either ten feet wide, part of a larger regional bicycle trail system, or narrower paths internal to Contact the park.The park has two naturalistic upland areas,a restored tallgrass prairie and Amy Ahner a long grass meadow.The balance of the park is planted with shade and ornamental (formerly with the Glen Redevelop- trees in mowed lawn areas.Two large areas are dedicated to ball diamonds and ment Office) soccer fields. Our team was responsible for landscape design for the entire park Director of Administrative Services and worked closely with the architect,Skidmore, Owings&Merrill, in the design of Village of Glenview Little Bear Garden,a children's garden and regional playground located in the park. 847.998.9500 Confluence also worked closely with Harza Engineering and their consultants in the aahner@glenview.il.us design development of park paths,wetlands,and other natural areas. W 2,-.-h.,.?. - 'F-` - --=' • _ f _ ` � r . _ - PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E 17 SECTION FOUR/REPRESENTATIVE PROJECTS sir' f :k y_ • • :i y, • :.ram S.p. ,l-c• - -_.. - •r : ,. fl y. .L ~•.1 ��r. --- -- i .4 ' FRED RICHARDS NATURE + ECOLOGY PARK PROJECT DETAIL MASTER PLAN Location Edina, Minnesota Listening to the community and collaborating with City staff, Client a visionary master plan was created to transform a nine-hole City of Edina Parks and Recreation municipal golf course into a nature-based community park. Size/45 acres Confluence led a team to develop a precedent-setting project that integrates over Budget/12 Million 15 acres of restored wetland banking,30 acres of prairie and wetland plantings,and Completion Date/Fundraising for extensive pathway to play loops focused on ecology, learning,and outdoor activities. 2023 Cosntruction Other elements include unique natural playground elements,the existing clubhouse retrofitted into a multi-use park building with a beer garden,a series of learning Awards - spaces,a regional bicycle trailhead and a multi-use community field.Confluence also Honor Award for Design(Unbuilt) facilitated numerous community open houses, stakeholder meetings and surveys to ASLA Minnesota Chapter collect input from over 1,500 residents and related agencies. Our team undertook an Contact extensive research-based exploration of the site's history,the community's values, Ann Kattreh, Director of Parks and related planning studies and environmental analysis that informed the resulting and Recreation Department design recommendations.Additionally,we utilized a company-wide charrette to 952.826.0430 generate ideas and a vision for the park. Representatives from all offices contributed akattreh@edinamn.gov and three distinct concepts were developed,tested with the public,and refined to one preferred master plan moving forward. • r E -' _ — ff - ■ a' 1 p o 0 ':. 9 t$s 1 V - _r �0 ev 064GCMt 1 �00 t - - _ ip d `-:]Yid p * C ,n ACT z.t-- —_i PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA CO(1FLUE(10E 18 SECTION FOUR/REPRESENTATIVE PROJECTS • ..•N 1 N v;� , ?:. .s_ . ! p. ;RYA � '4 u s=: . I _ .-' r a r : ..- t ��- ��- • I� M .. - `_� r. - Qt �� I o-- ,-r. -.. !t._ .,--,1 . --,.. . \.1”ii - -....- • .0,-4 _ _ :„...___ f.4 IC PARK, TRAILS AND RECREATION MASTER PLAN PROJECT DETAIL Location This comprehensive master plan is intended to provide a clear 15- Shakopee, Minnesota year vision for the City and guide implementation priorities. Client Confluence and PROS were hired by the City to develop a Parks,Trails and City of Shakopee, Minnesota Recreation Master Plan. Creating a clear and dynamic vision was a critical component to this master plan.The current park and trail system requires renovation of older Size/Multiple Parks and Open parks, re-visioning of the downtown riverside parks, and development of new parks Space in rapidly developing parts of the city. One of the primary objectives was to re- Completion Date/2018-Ongoing connect residents back to the Minnesota River for recreation, cultural and historical reasons.The master plan brings the community together by addressing trail gaps, Contact provides a strong vision for integrating new and innovative recreation facilities Michael Kerski into the community,and defines a process for maximizing the returns on parkland Director of Planning&Development dedication fees and donations.The vision is communicated with simple renderings City of Shakopee that set the tone and character for the community.Our team worked closely with Direct 952.233.9346 City staff to engage several resident groups that are traditionally not a part of these Cell 864.360.5473 processes.Confluence worked with the Shakopee Mdewakanton Sioux Community, MKerski@shakopeemn.gov the City of Shakopee,Three Rivers Park District, and Scott County to explore park and trail redevelopment in areas of significant Native American cultural resources, developing a partnership to protect important resources and history. q„ .mar }.: (0-t!fr° 1 .Ta .?�. : PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COfFLUEf10E 19 SECTION FOUR/REPRESENTATIVE PROJECTS s r Put 3is Sill '1 ;' \1 „ ,•Y_... _ "ill ?A w l. . AA,. "if . . . , -Wit.' - • �• �i,.� r 1 •i - JOLIET TOWN SQUARE / CHICAGO STREET PROJECT DETAIL CORRIDOR Location Joliet, Illinois The proposed Joliet City Square is located at the nexus of art, culture, commerce and history in the heart of downtown Joliet. Client The City of Joliet Currently a vacant parking lot and underutilized fountain plaza,the space envisioned for this project is immediately adjacent to the Rialto Theater,the Joliet Public Size /2+acres Library,a variety of small businesses,a large parking garage,and historic Route 66. Completion Date / 2018 The context provides a rich setting for a vibrant urban space and is anticipated to Budget/ $4,000,000 become the impetus for new economic development. Contact Our team worked collaboratively with the community to craft a Master Plan for the Kendall Jackson, proposed City Square and the adjacent Chicago Street(Historic Route 66), proposing Director of Community a design with a series of distinct outdoor rooms as settings for diverse experiences. Development-Joliet The design has classic bones and a contemporary skin, providing a front yard for 815.724.4040 locals and a welcome mat for guests with elements such as a red carpet plaza extending into the site from the Rialto Theater,and a thematic garden associated with the Joliet Public Library. , , Mk + * • - ,a3] ' 'sue 10 ' . PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA con FLUEfCE 20 SECTION FOUR/REPRESENTATIVE PROJECTS 'IAk - 1. i ��'.y `ti N s' ill. ,:�J -.i+= ;; . 44ror i r p9 r xr?fie r04k• i .K 41.e • 4_ •. P. FORD SITE REDEVELOPMENT - PUBLIC REALM PROJECT DETAIL Location Confluence is leading a collaborative design process for all public St. Paul, Minnesota realm plazas, parks, open spaces and green infrastructure for the most sustainable development in Minnesota's history. Client The fabric of this 120+acre mixed-use development is stitched together with over 55 Ryan Companies acres of green space, bike and pedestrian paths,green infrastructure elements,and recreation facilities.Confluence is leading a collaborative team to develop a network Size of landscape spaces that provide environmental,economic and social benefits to the Overall Site/122 Acres new development and surrounding neighborhoods. 55+acres parks&open space Completion Date/2025 The green spaces create the soul of the new neighborhoods and are derived Budget/$32,000,000 from the historic traditions of St. Paul's parks,the natural landscape and bedrock foundations of the site,and the unique history of the historic Ford Assembly Plant. Contact Native vegetation, bioengineering,advanced green infrastructure, native limestone Tony Barranco reuse,and water are the primary building blocks of the innovative landscape. North Region Presiden, Ryan A variety of flexible public spaces create dynamic opportunities for gathering, Comanies celebrations,and events that are integrated with transit and regional bike trails.A 612.492.4339;tony.barranco@ network of distinct and varied landscapes are connected by accessible paths that ryancompanies.com promote health and active living now and into the future. • � .� worje, �i 7.._ 1mil'inge'rNV WV �'4� �f-��_ •• ,fir;' PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E 21 SECTION FOUR/REPRESENTATIVE PROJECTS �' t�. U f'Ji�lY .' f 11..-.. ' , } -ram i - =_- ____, .,-.--N.,--\ -i,4--7-";i1 4 iF 0 -21i,.. . \ _ _ ...-::„.;:-...-_:_... _r....;.... .4.,t' ''..'''' - —7 '- ---:-. ..141.0,-L---=7--- i. — .-:—.__,- --!...IF".'t 0.....,:---:_'•••:' -:`,"*'':41"'i.:-.11"...4 t.,..••.r .:Grim ;f�� i / : � 1y�r ,} �:k' :,a: 11 ti FM ROTARY NATURAL PLAYGROUND PROJECT DETAIL Location This whimsical four-season playground will use boulders, trees, Fargo, North Dakota shrubs, logs, rocks and water to provide open-ended, physically challenging and unstructured play opportunities. Client Rotary Foundation of Fargo-Moor- head The playground will be as enticing for a child to play in as it is aesthetically beautiful to the community,where children will challenge every part of their mind, body Cost and spirit,through play.The natural playground has programmed activities for $700,000(estimate) all seasons of the year and brings fun and enjoyment to long winters.This project also envisions building a bike skills park to instill confidence in children and helps develop balance,strengthens muscles,and the heart and lungs. Bike skills parks are playgrounds for bikers that include a variety of natural obstacles such as rocks and logs, imaginatively created features such as land ladder bridges, teeters, and dirt jumps all collected in a small and easily accessible location. • + ! - I . 1 , -, ...„____. -0 .,0 =_,-. . ,.....„., s..._ • -,,,,: . . „ . , _ .. . ._ . F l: 7... t f� 1 s id.!TI. .14$ r; µ y. i;;t 1 !tiT (i «sr .lam ,• PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E 22 SECTION FOUR/REPRESENTATIVE PROJECTS — A I PfAAII Hii 4417 " O: el......,...„ : r't,,' + '`, - - r : . ,\ PLAYGROUND -I 7•. . PLAYGROUND KNOX AVE N _ INEW URBAN AGRICULTURE < - ••••-••• " LI ,fib , — I iia S if} if I i [ ` • .- ,'. � PARKS MASTER PLANS: MINNEAPOLIS NORTH + PROJECT DETAIL SOUTH SERVICE AREAS Location Minneapolis, Minnesota Reflecting diverse community values and interests, these two Client separate Master Plans encompass 65+ unique neighborhood Minneapolis Park and Recreation parks in Minneapolis' North and South service areas. Board The Minneapolis Park and Recreation Board(MPRB)is one of the largest park Size/Numerous parks of various systems in the nation, managing more than 6,700 acres of public land organized sizes and programming around five geographic Service Areas, Confluence was initially retained by MPRB Completion Date/2016+2019 to develop the South Service Area Master Plan-the first of the five area plans. Budget/$750,000 Total Upon successful completion, our team was subsequently selected to complete the North Service Area Master Plan. Both projects emphasized extensive community Awards stakeholder participation and collaboration as an integral part of the planning Merit Award for Planning and process.This included one of the largest public engagement processes ever Analysis-ASLA Minnesota undertaken in this region—coordinating 100+events and activities using new methods to engage underserved populations,and including data-driven analysis Contact to guide decisions.The results provide new community-supported master plans Adam Arvidson, Project Manager to guide future growth and development of the parks in these service areas— 612.230.6470 representing 40%of MPRB's overall park system. aarvidson@minneapolisparks.org jww,p .«M, &•ti� 1 '— Fs '1• ' ri ., rpl- di� a rs "-A: ... y f _ 1 , V .�....„..._., . urn �' _ =- �: `' --, -• �'", I 'i A PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA CO(1FLUEf10E 23 SECTION FOUR/REPRESENTATIVE PROJECTS - `"- r.sta'°'w fir: - -- .10., r' - 1 ".- - -'a' it M1' - 1 + .. ST _, •`�' vi,� y.R� '..lS.. .... tit,•,a �.—v�� Yj� - �� of r:.�:." M..TM: ..k. RIiI a 1, OLATHE COMMUNITY CENTER PROJECT DETAIL Location Located within Olathe's existing Stagecoach Park, this new iconic Olathe, Kansas facility serves as a community destination carefully placed to Client/City of Olathe,Kansas preserve numerous mature trees. Size/2 acres Confluence led the site master planning and park planning for this facility-which Completion Date/2013 includes an indoor aquatics facility,gymnasium,fitness and wellness center, community rooms,catering kitchen and child play areas.The site features ample Budget/$15,600,000 parking,pedestrian loop trail with adjacent neighborhood connections,adventure Final Cost/$15,600,000 playground and spray ground,fire pit with patio space,and interpretive park areas extending activities into the surrounding park environs. Awards Kansas City Business Journal Cap- Our team took care to properly nestle this new facility and related site improvements stone Award for Community Impact into the existing park's passive rolling terrain, mature trees and water features. Urban Land Institute Kansas City We crafted a new Master Plan for the entire park,which is anticipated to be Development of Distinction Award implemented in phases to address the communitys growing and evolving needs. Contact Jeff Blakeman,Sr. Building Design Project Manager 913.971.8767;JBlakeman@ olatheks.org G fie' rti Jilltif 4 .. '1. "' - _ -- ,,.yR--. L 1' r, iH4' �--�! 'le 414. . :Ste Y PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA CO(1FLUEfCE 24 SECTION FOUR/REPRESENTATIVE PROJECTS if .-• . . 7 . _ • • '• h,� 3+� g ice'.=1.1 • 4 o'`,t..•�t r 71.•. JJ " k •-� - _,;• eta--.-.i,* e r ..,,.., , . . _ L,..,..-T--.. - E.- -.• P!•••- P BURRUS OLD MILL PARK PROJECT DETAIL Location These new improvements provide multi-generational and ability Blue Springs, Missouri opportunities while extending resident recreational experiences within the parks. Client City of Blue Springs, Missouri Parks Confluence completed final design work as part of a design build team in the fall and Recreation Department of 2018 after completing conceptual design work for Burrus Old Mill Park in the summer of 2018.The project renovation completed construction in June 2019.The Size/16.5 acres new design features a new splash pad, inclusive playground, restroom, basketball court,shelter,skate park and loop road.Signage was also updated to follow design Completion Date/2018 guidelines created by Confluence for the parks department. Budget/$2,500,000 Final Cost/$2,500,000 Contact Dennis Dovel, Parks and Recreation Director 816.228.0110 * ;,,. .,.. _.....,,_..\..y.--.. • . .,.. ,_.- 1 ''III 0. f w .•� ^ ice - a' I I �- -.l�( P PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA COf1FLUEf10E 25 SECTION FIVE/FEE STRUCTURE FEE STRUCTURE Confluence is proposing a total fee not to exceed structure that is contingent upon what parks are included in the project award.We are proposing a reduced fee if all four parks are awarded to Confluence and as part of master planning all four parks we will include master planning visions for the Hayes park site,working with the selected architect to envision the whole site in its context in relationship to building programming and redevelopment and provide a master plan vision for Cobblestone Lake,the subdivision I live in,to unify it with the now complete neighborhood,enhance access to the lake,increased opportunities for gathering,programming and neighborhood recreation.We do see a benefit as well in doing all four parks that makes the community engagement more streamlined and clearer to the community and we are open to working with the selected Architect/Architects during this process as well. BREAKDOWN OF FEES �... Single Park Two Parks All Four+Two Additional Parks Alimagnet Park $20,000 $18,750 $18,000 Redwood Park $20,000 $18,750 $18,000 Farquar Park $20,000 $18,750 $18,000 Kelley Park $20,000 $18,750 $18,000 Hayes Park/Site Included Cobblestone Lake Included TOTAL $20,000 $37,500 $72,000 STANDARD HOURLY RATES Principal $180.00 per hour Landscape Architect $110.00 per hour Landscape Designer $85.00 per hour PROFESSIONAL DESIGN SERVICES—PARKS MASTER PLANNING/APPLE VALLEY,MINNESOTA con FLUEf10E 26 • ITEM: 4.K. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Approve Agreement with 292 Design Group, Inc., for Professional Services Relating to Facility Master Planning Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Approve the agreement with 292 Design Group, Inc., for Professional Services relating to Facility Master Planning, in an amount not to exceed $40,500. SUMMARY: Staff is seeking authorization to enter into a contract with 292 Group for architectural consulting services for master planning projects related to a potential parks bond referendum. Of the proposals received, they have the most experience in this type of project and will provide the best value. On September 30, 2021, the City Council met with the Parks and Recreation Advisory Committee in an informal meeting to discuss the Future of the Parks and Recreation System. The Council provided consensus direction to the PRAC and staff to begin a process to engage the community and explore if there is support for a Parks Bond Referendum that would: • Update our community and neighborhood parks and trail system • Reinvest in our major recreational facilities which include the community center, senior center, aquatics, and arenas • Redesign/construct new park master plans for Alimagnet, Kelley, Farquar, and Redwood parks The City received three (3) proposals for consulting services consistent with the RFP we released and estimated expenses are as follows: 292 Design Group $40,500 CNH Architects $40,000 (expenses not estimated) Oertel Architects $39,250 The planning process will seek input from residents and park users to determine their future needs and interests so we can provide the appropriate level of parks and recreational facilities. A tentative schedule for the planning process is: February 2022 — June 2022 Develop Master Plan(s) July 2022 Review with Park & Recreation Advisory Committee July/August 2022 Review/Approval by City Council BACKGROUND: One of the City's adopted goals is to plan for the City's long-term system needs, including a possible Parks and Recreation Bond Referendum. As the Council is aware, the City has park system assets with a value that exceeds $31,000,000 (not including the aquatic center, community center, senior center, or arenas) and many of the amenities (playgrounds, courts, trails, parking lots) are nearing the end of their useful life and will need to be replaced in the next few years. The objective of the Facilities Master Plan study is to develop options, provide images of proposed improvements, create a priority list, and develop cost estimates associated with those improvements. The planning process will seek input from residents and facility users to determine their future needs and interests so we are better equipped to provide the appropriate level of recreational facilities. Proposals were reviewed by the Parks and Recreational Advisory Committee at their December 2, 2021, Informal meeting. Consensus by the Committee and staff was to pursue an agreement with 292 Design Group for their services in regards to a Facilities Master Plan. BUDGET IMPACT: Adequate funding has been allocated in the Parks Administrative Budget (1700.6235) for this expenditure. ATTACHMENTS: Proposal ' �x N. 1114 Th.. 1 . y • of .Ier. �' 1 1 Ilk Aim. 1 .--''''T" - killp ,-.. L. A� 1 - ' . ° 1 ". :40 r urn .. 1... tett •.' 0. ,...,,, , .4.i, .,..,...,..,:..,.,,.2-..,:.. .:g/:..,:41.k .,.....,,...,i,„.:.,.,_..... .. ..,, . itip.:...4.„ 4 0„.... p :(:i. ....1 1---. • -.. el Noc.......4 , 't " h. t lit • 11';',. 1-pi , 7 ._, ...,_._ . _._..47i ..... „ . •. ie.-, ,E1..'A . , .. ilk t . .., -..'-:1 1 S411 .,..,-0.2..Or 'I i 4. .4. -: : • . ''� n' :1,jt .74 •J, '.11••4 e:-3. 7.: i1 • Y Y4 Facilities Master Planning Request for Proposal I City of Apple Valley, MN I November 19, 2021 292DesignGroup + PROS Consulting + Damon Farber 292DesignGroup minneapolis November 18,2021 Eric Carlson Parks and Recreation Director, CPRE City of Apple Valley 14603 Hayes Road Apple Valley, MN 55124 RE: Facilities Master Planning Dear Eric: Supporting communities as they respond to evolving needs has been the hallmark of 292 Design Group's work,and it's the work we are most committed to.We value the opportunity to assist community leaders in finding ways to improve the lives of their residents. 292 has worked with a wide array of communities in Minnesota,throughout the Midwest, and across the country.These efforts have been focused on recreation, health,wellness,and education needs, and always with the goal of enhancing community life. For this project,we have assembled a team that includes partners who share our philosophy. Pros Consulting is a national leader in assisting parks and recreation staff to plan, manage and operate park systems that serve the residents in an effective and efficient manner. RJM has a wealth of cost history based on their experience with construction of community recreation facilities. Damon Farber—a resource for building-related site development—has created numerous,engaging,outdoor spaces for people to gather. 292 Design Group will lead this team and will work directly with City of Apple Valley staff, stakeholders,and community leaders throughout the study.Assisted by our partners, 292 will facilitate the public engagement process. Pros Consulting will analyze the critical needs of the community facilities and develop a management plan that meets the needs and aspirations of the City and aligns with a capital improvement and operational budget that the City can afford. RJM will provide conceptual cost estimates that will help the City make decisions about future facility development. Eric, 292 has enjoyed working with you personally and the City of Apple Valley on past efforts. We hope that work has shown our commitment to creating responsive solutions to community needs. We appreciate this opportunity to submit our qualifications and hope to assist the City in this significant planning effort. Sincerely, C 1 Tom Betti, NCARB,AIA Partner 292 Design Group 612.767.3773 3533 E LAKE STREET MPLS, MN 55406 FIRM INFORMATION & HISTORY 292DesignGroup /Architecture & Planning 3533 East Lake Street, Minneapolis, MN 55406/612.767.3773/www.292designgroup.com/11 staff/12 years in business Organizational Structure Area of Specialization A 292 partner—Tom, Mark or Pam—actively leads each project, Community recreation projects—assessments,studies and working as part of the project team. 292 staff are immersed in constructed projects—are a primary focus of 292's work.292 the project process,from kick-off to completion. understands the complexities that are associated with these types of facilities and recognizes that the success of a community Pam Anderson,AIA/Tom Betti,AIA/Mark Wentzell,AIA recreation project relies on community involvement and collaboration. Architects/Architectural Staff/Interiors/Administrative "Going to where the people are,"whether in person or virtually, Firm Profile has the basis of our approach to community engagement. Tom Betti, Mark Wentzell, and Pam Anderson established 292 Meeting people in places where they are most comfortable Design Group in 2009 after many years together as partners in and at times that are most convenient for them promotes open a previous firm. 292's long list of community-focused projects is and genuine input.Working with clients,292 has designed and a testament to their commitment and the firm's responsive and facilitated stakeholder input and public engagement processes respectful character.With a full service architecture, planning to create facilities that reflect their unique communities and that and interior design staff, 292 has completed projects from can accommodate growth and change. Connecticut to California,and in sizes ranging from small locker room renovations to new community and recreation centers. I - - _ wy. r = s d.aa sr.:K� r�►��.r.. .� s ylii r 1- r j 11 • MEW I 'awe 1111111 - ' Andover Community Center&YMCA Expansion,Andover,MN APPLE VALLEY—FACILITIES MASTER PLANNING 1292 I 1 FIRM INFORMATION & HISTORY PROS Consulting / Management Consulting & Planning 35 Whittington Dr.,Suite 300, Brownsburg, IN 46112/877.242.7760/www.prosconsulting.com PROS Consulting is a small firm with a big presence in the field of » Needs Assessment—PROS has worked on over 250 parks and management consulting for parks and recreation public entities and recreation needs assessments on projects similar nature to this non-profit organizations.With a small team of highly professional project that include market and gap analyses,as well as extensive and experienced consultants, PROS is a flexible firm that is agile community input to quantify opportunities in the market place to the evolving dynamics of the social,economic,and political desired by the community. environments our clients operate in. PROS is among only a small » Operations, Maintenance and Organizational Development— handful of firms that have tremendous experience in the field as completed over 450 plans that involved operations,maintenance and practitioners and have become nationally recognized for helping to organizational development components. shape and further transform the industry of parks and recreation. » Financial Planning and Management—PROS is most renowned for providing the most innovative and proven methods for financial Areas of Focus planning and management in the public sector with direct experience Management consulting and planning services offered by PROS span with over 150 proven ways to fund public parks and park systems. the full spectrum of planning needs for public agencies,and are » Feasibility Studies and Business Planning—completed over 200 grouped into the following practice areas: feasibility studies and business plans,often counseling our clients on » Strategic Planning—completed over 100 strategic plans for cities, how they can shape their projects and their vision around the reality counties and state agencies to help them become established in their of what is feasible and sustainable. market or to reposition themselves. » Customer Service Training—completed customer service excellent » Master Planning—completed over 300 master plans for parks and training for municipalities across the country.The training is park systems that have been successfully implemented,and driven customized to each agency's goals and outcomes and range from over$5 billion worth of capital investment. single day work sessions to multi-year culture change processes. �I PARKS&RECREATION I MASTER PLAN I JULY 2014 SWAMIES COUXTV ,•�Yry .. Q'1QLSSON- pros,",, �`PARKS.REGREATI�N 1 Shawnee County Parks and Recreation Master Plan • . ■ ■ • • • ■ ■ • • • ■ ■ • • July 2014 .'._ • " ` ; _ 4,., ,_ ..1 .V.,•,..;. ,, .„.• o Ili lis i ''''' : •'-1:-.'sr-T,:-1:14 1; 411.1v..-' :•1 . , ; -1 -7.-;i• • \ ._p t_ , APPLE VALLEY—FACILITIES MASTER PLANNING 1292 12 FIRM INFORMATION & HISTORY RJM Construction / Cost Estimating 830 Boone Ave N, Golden Valley, MN 55427/952.837.8600 /www.rjmconstruction.com RJM Construction, established in 1981, is led by a team of construction professionals whose project delivery process ensures that clients have a productive, rewarding experience. RJM also knows that collaboration is key and they are committed to providing clear communication and building long-term partnerships with owners and project team professionals. RJM Construction has worked with 292 Design Group as a cost consultant for a variety of community projects and studies. They bring extensive cost estimating experience to the project team and have a wealth of cost history.Their expertise will be paramount in establishing accurate construction budget estimates for the project. 1 I [ ik I • 1 XIT 0 _ _ /'It 6- :.'.':.'.. . ,, th . .: ,. , — e P.....i. 1111 . 1 1 Ili I I. erm• - � _ r _. iii --1-1— e ',4 E APPLE VALLEY—FACILITIES MASTER PLANNING 1292 13 FIRM INFORMATION & HISTORY An additional resource, if needed,for building-related site development Damon Farber/ Landscape Architecture & Planning 310 S 4th Ave Suite 7050, Minneapolis, MN 55415/612.332.7522/www.damonfarber.com Damon Farber is an award-winning landscape architecture and Services site planning firm with a reputation for high quality design.Our » Site Inventory and Analysis » Ecological Design work centers around a collaborative approach and the design of exceptional outdoor environments that reflect a sensitivity to the » Visual Assessment » Design and Maintenance natural environment. Our creative team of Landscape Architects Guidelines concentrates their efforts in the planning and design of exterior » Master Planning spaces which consider programming,circulation,function,spatial » Signage and Wayfinding » Design Visioning and organization, historical precedence and long-term maintenance. Illustrations » Natural Area Management emphasize the importance of spaces that reflect a strongDesign We p p » Site and Land Planning sense of place.Our goal is to arrive at responsive, resourceful, » Public Meeting Facilitation sustainable and sensitive solutions that meet client needs. » Recreational Planning » Playground Design Our design philosophy is premised upon the concept that a » Concept Design design solution must reflect the highest level of professional » Contract Documents » Planting Design expertise. Every project is focused on design excellence, » Construction Administration contextual sensitivity,application of current technology, » Environmental Sustainability commitment to sustainability,and fiscal responsibility. i ..., 116,417 f I ' .! i , „... 11 ...grrr 104i ... Y ' s f �� • ._, ....-' 004, f. r • . TAIL \ , . ., ••• ••., ...''5 . z ..,-, .,::,••-•. .A ... • .Ta: fa.,,0 it rl faii iir -I i '::c • i r o . 4 rJ , - APPLE VALLEY—FACILITIES MASTER PLANNING 1292 14 DESIGN TEAM The following team members will provide engagement, planning,design and cost estimating services for the Apple Valley Facilities Master Planning project. Resumes are contained on the subsequent pages. 292 Design Group _ Architecture& Planning . =--�' Tom Beth,AIA, NCARB I Principal-in-Charge/Project Lead 1111611jOiLkligi 7 ..-- Mark Wentzell,AIA — a Principal Facilities Planner -- 0irI.rw= 1 1 I � Maria Manion =— f Associate Facilities Planner - PROS Consulting Management Consulting&Planning 'INo � lid I _ Leon Younger,CPRP _ I .. = Planning Consultant 1=NA , —I ,__---. ' ;- Michael Svetz tom.•. k ..._ 1 f'—�+— .;.- `—,r , — L__=.. Planning Consultant .. gyp- r, _, . ` ._'.k - -''1 lip ..- _ :. , . __._ . „... 2,I� ''' .� .1•.. RJM Construction ,-F- '{ -b -.. T " - Cost Estimating p e, Justin Johnson I !�w Chief Cost Estimator fit jrI --- /1 . i 1 • An additional resource, if needed,for - building-related site development Damon Farber Landscape Architecture&Planning \ Tom Whitlock, PLA,ASLA — • Principal Landscape Architect �, Rachel Baudler Blaseg, PLA f Associate Landscape Architect APPLE VALLEY—FACILITIES MASTER PLANNING 1292 15 DESIGN TEAM Tom Beth, AIA, NCARB / 292 Design Group Mark Wentzell, AIA/ 292 Design Group Principal-in-Charge / Project Lead Principal Facilities Planner Tom is an experienced project manager, Mark is a leading designer of r; designer and architect who has led many organizations through the .._r community-focused facilities and planning and design process. He has guided numerous organizations •• has worked on a wide range of through the planning and _ I design of these important project types but has a particular ;; .? community assets.A skilled focus and expertise with public facilitator and speaker on community recreational community and recreation projects. His knowledge and approach issues, Mark has extensive experience with a variety of citizen helps public funded entities, community groups and private involvement processes. He's facilitated public meetings and organizations create efficient,attractive and popular venues. workshops,and worked with boards,councils,and steering Tom is an ice arena expert on both a regional and national level. committees throughout the design and construction process. Many of his projects have been recognized for their success in Many of Mark's projects—Chaska Curling and Event Center, design and technical terms;the arenas function well and serve as Grandview Community Center,Gladstone Community Center,or important assets in their communities. Bloomington Civic Plaza—have won awards for their design and » Years with 292: Founding partner, 12 years community success. » Education: Bachelor of Architecture, University of Minnesota/ » Years with 292: Founding partner, 12 years Associate of Arts, Ferris State University » Education: Master of Architecture,Syracuse University, Florence » Registered Architect in MN#44897 Center/Bachelor of Architecture, University of Minnesota Project Experience » Registered Architect in MN#15125 » Apple Valley, MN Redwood Pool&Park Feasibility Study, Refrigeration Room Study Project Experience » Andover Community Center Expansion,Andover, MN » Burich Ice Arena Study, Hutchinson, MN » Brooklyn Park Aquatics Facility Study, Brooklyn Park, MN » Burnsville Ice Center Study, Burnsville, MN » Chain of Lakes YMCA, Lino Lakes,MN » Chaska Community Center: Ice Arena Study,Chaska, MN » Chaska Community Center Facility Master Plan,Chaska, MN » Citywide Aquatic Facilities Study,St. Paul, MN » Chaska Community Center,Chaska, MN » Ice&Community Center Feasibility Study,Creve Coeur,MO » Chaska Community Center:The Lodge,Chaska, MN » Community Needs Assessment&Master Planning Study,Eagan, MN „ Chaska Curling&Event Center,Chaska, MN » Elk River Ice Arena Study, Elk River, MN » Community Needs Assessment&Master Planning Study,Eagan, MN » Farmington Ice Arena Study, Farmington,MN » Lonsdale Community Center Study, Lonsdale, MO » Green Island Ice Arena&La Crosse Center, La Crosse,WI » Monticello Community Center, Monticello, MN » Hill Murray High School, Maplewood, MN » Piqua Community Center Plan, Piqua,OH Baseball Fields Planning Study,Track&Field Study » Rosemount Community Center Study, Rosemount, MN » Northfield Civic Center Study, Northfield, MN » St.Cloud Community Center Study,St.Cloud, MN » Red Wing Community Arena Study, Red Wing, MN ,> Bowling Green National Guard Training&Community Center, » Shakopee Recreation Facilities Study,Shakopee, MN Bowling Green,OH » Sioux Center Community&Ice Center Study,Sioux Center, IA ,> Delaware Training and Community Center Delaware,OH » St.Olaf College Ice Arena Study, Northfield, MN » Legacy Park Community Center, Lee's Summit, MO » St. Paul Academy Ice Arena Study,St. Paul, MN » Grandview Community Center,Grandview, MO » Warrenton Community Center Study,Warrenton, MO » YWCA Downtown Master Plan,Minneapolis, MN » YWCA of Minneapolis Master Plan, Minneapolis, MN APPLE VALLEY—FACILITIES MASTER PLANNING 1292 16 DESIGN TEAM Maria Manion / 292 Design Group Leon Younger, CPRP / Pros Consulting Associate Facilities Planner Planning Consultant Maria has worked in the architectural — Leon is the founder and President of PROS f and planning industry for over 20 years, Consulting. He has more than 40 years in i, gaining a broad range of experience A, parks, • recreation,and leisure services. 4 across multiple disciplines. " Leon is a recognized leader in applying �~' Throughout,she has served a key innovative approaches to managing role on projects,coordinating _- • parks and recreation organizations. the design and planning process. He has held positions as Director Maria's planning experience is diverse and includes work on of Parks and Recreation in Indianapolis, IN; Executive Director of Lake recreation feasibility studies,college/university campus master Metroparks in Lake County,OH(Cleveland area);and Director of Parks plans and corporate workplace strategies.She has worked in and Recreation in Jackson County, MO(Kansas City). Leon is routinely tandem with clients, including facility services or communications invited to present his management and development philosophies at departments,to help them effectively communicate the physical conferences,workshops,and training across the United States,as well and cultural aspects of their building or planning project. as internationally. He is co-creator of the Community Values Model, a business model that synthesizes community and stakeholder input » Years with 292:6 years into a strategic plan. He regularly addresses sessions at the National » Education: Bachelor of Architecture, University of Minnesota/ Recreation and Park Association Conferences and has served as a Bachelor of Arts, University of St.Catherine board member and instructor at the Pacific Revenue and Marketing School in San Diego,California and the Rocky Mountain Revenue and Project Experience Management School in Colorado.Currently, Leon is serving on the » Northfield Community Resource Center Space Needs Study and Board of Directors for the City Parks Alliance,the only independent, Expansion, Northfield, MN nationwide membership organization solely dedicated to urban parks. » Brooklyn Park Aquatics Facility Study, Brooklyn Park,MN » Community Needs Assessment&Master Planning Study, Eagan, MN » Years with PROS:26 » Lonsdale Community Center Study, Lonsdale, MO » Education: » Piqua Community Center Campus Plan, Piqua,OH M.S. Public Administration, Kansas University » Rosemount Recreation Facilities Study, Rosemount, MN B.S. Park and Recreation Administration, Kansas State University » Shakopee Recreation Facilities Study,Shakopee, MN » Certified Parks and Recreation Professional » Warrenton Community Center Study,Warrenton, MO » Waterloo Curling and Ice Arena,Waterloo,IA Project Experience » Minnesota West Community&Technical College Comprehensive » Bloomington,MN Parks and Recreation Master Plan Facility Plan,5 Campuses in Southwest, MN » Minneapolis,MN Maintenance and Operations Plan » Minnesota West Community&Technical College: Nursing, Law » Shakopee,MN Parks and Recreation Master Plan Enforcement and Student Services Predesign,Worthington and » Sioux Falls,SD Parks and Recreation Master Plan Granite Falls campuses, MN » Carmel,IN Parks and Recreation Master Plan » Riverland Community College Comprehensive Facility Plan,3 » Derby Recreation Commission,KS Strategic Master Plan Campuses in Southwest,MN » Shawnee County,KS(Topeka)Parks and Recreation Strategic Master Plan » Riverland Community College:Student Services Predesign,Austin, » Merriam,KS Parks and Recreation Facilities Master Plan MN » Lawrence,KS Parks and Recreation Master Plan » City of Kansas City,MO Parks and Recreation Master Plan » Westerville,OH Parks,Recreation and Open Space Master Plan » Upper Arlington,OH Parks and Recreation Master Plan » Grapevine,TX Parks,Recreation and Open Space Plan » Prince George's County,MD Functional Master Plan for Parks,Recreation and Open Space » Cleveland Metroparks,OH Strategic,Financial and Operational Master Plan » San Francisco,CA Recreation Plan and Needs Assessment APPLE VALLEY—FACILITIES MASTER PLANNING 1292 17 DESIGN TEAM Michael Svetz / Pros Consulting Justin Johnson / RJM Construction Planning Consultant Chief Cost Estimator Michael Svetz has nearly 30 years =7 ''': !T"" As Director of Preconstruction and chief estimator,Justin collaborates w experience in the field of parks and i llabtith recreation for local governments, I the project team to develop and • - i. the last 15 of which were at the maintain accurate budgets from the `"' executive management level. He schematic design phase through has held director-level positions the final construction documents. 1 in Strongsville,Ohio(Cleveland In addition to his estimating vicinity); Charlottesville,Virginia; and most recently for the City duties,Justin oversees the estimating department.With his wide of Goodyear,Arizona. He has vast experience in developing and range of experience,Justin ensures the unique project details are applying cutting edge business processes to create self-sustaining understood and incorporated into the project budget. operations of multimillion dollar community centers,golf courses, and a Major League Baseball Player Development and Spring » Years with RJM: 15 Training complex.Throughout his career, Mike has successfully » Education: Bachelor of Science,Construction Management, developed and implemented strategic master plans for the University of Minnesota parks and recreation departments that he led and the city and state associations that he served.As a dedicated public servant, Project Experience Mike developed a deep knowledge of,and sincere appreciation Justin was the chief estimator working with 292 on the following for,organizational development,citizen engagement, board needs assessments/feasibility studies: involvement,and political acumen,all of which are critical » Community Needs Assessment&Master Planning Study, Eagan, elements in the successful creation and implementation of any MN parks and recreation plan.Since joining PROS Consulting, he has » Rosemount Community Center Study, Rosemount, MN participated in numerous projects in master planning, business » Shakopee Recreation Facilities Study,Shakopee, MN planning, maintenance,and strategic implementation. His » Brooklyn Park Family Aquatic Study, Brooklyn Park, MN project management and organizational skills have assisted in the » Andover Community Center and Ice Arena,Andover, MN creation of innovative and fiscally sustainable projects across the » Hopkins Pavilion, Hopkins, MN United States. » Downtown YMCA Aquatics/Gym Addition, Minneapolis, MN » Lonsdale Community Facilities Study, Lonsdale, MN » Years with PROS:9 » Education: Justin was the chief estimator for numerous other community M.S.Sport Administration, Miami University,Oxford,OH and recreation projects including: B.S.Sport Management, Miami University,Oxford,OH » Douglas Dayton YMCA at Gaviidae, Minneapolis, MN » Certified Public Manager » Eden Prairie Aquatic Center,Eden Prairie, MN » Shoreview Community Center,Shoreview, MN Project Experience » Central Park of Maple Grove, Maple Grove, MN » Great Falls, MT Parks and Recreation Master Plan » HERO Center,Cottage Grove, MN » Billings, MT Parks and Recreation Master Plan » Pamela Park, Edina, MN » Bozeman, MT Parks Maintenance Costing » Sheridan,WY Parks and Recreation Master Plan » City of Aspen,CO Recreation Division Business Plan » City of Boulder,CO Aquatic Division Business Plan » City of Calgary,Alberta,Canada, Park Zero Based Budget Review » City of American Canyon,CA Parks and Recreation Master Plan » City of Scottsdale,AZ Parks and Recreation Master Plan » City of Provo, UT Parks and Recreation Master Plan » Fairfax County,VA Park Authority Needs Assessment » City of Charlottesville,VA Parks and Recreation Master Plan » Santa Clara County,CA Cost Recovery and Pricing Plan » City of Napa,CA Senior Center Feasibility Study and Business Plan APPLE VALLEY—FACILITIES MASTER PLANNING 1292 18 DESIGN TEAM Additional resources, if needed,for building-related site development Tom Whitlock, PLA, ASLA / Damon Farber Rachel Baudler Blaseg, PLA / Damon Farber Principal Landscape Architect Associate Landscape Architect Tom Whitlock is President of Damon Farber, Rachel Blaseg is a registered Landscape • and has over twenty years of extensive • Architect who is dedicated to artful experience working collaboratively design and improving the quality of • • with public and private clients on public space. Rachel specializes in " It award-winning projects across the computer visualization,animation, Midwest.As principal-in-charge,he and graphic design to create clear 4 is responsible for ensuring that the communication tools for clients firms design work exceeds the expectation of all project stakeholders. that seamlessly facilitate the dialogue between analysis,design and Tom has earned a strong reputation as a valuable leader and an implementation. effective collaborator. Since joining Damon Farber in 2013, Rachel has contributed to Tom is leading Damon Farber by honoring the design forward and national,regional,and local award-winning projects spanning a client centered service that has made it a top landscape architecture diverse range of scale,complexity and types,from large-scale public and site planning firm in the Midwest. He has been an integral part projects and master planning efforts to memorial installations. of Damon Farber since 1993,and became President in the spring In addition to practice, Rachel is an Adjunct Professor at the of 2011.Tom's work has been recognized by ASLA,AIA and ULI, University of Minnesota College of Design where she teaches studio and published in Landscape Architecture Magazine,Architecture and graphic representation.She holds a Masters of Landscape Minnesota,Architecture Week and Fabric Architecture Architecture from the University of Minnesota where she received the ASLA-MN Honor Award and Capstone Honor Award. Rachel was » Years with Damon Farber:28 awarded the Delta Alliance Young Professionals Award at the U.N. » Education: BLA Landscape Architecture, University of Minnesota/ Conference for Sustainable Design. BED Environmental Design, University of Minnesota » Registered Landscape Architect in MN#26292 » Years with Damon Farber:8 » Education: Master of Landscape Architecture,University of Project Experience Minnesota/BA Environmental Studies&Sociology, University of » Water Works Park, Minneapolis, MN California Santa Cruz » Granite Falls Memorial Master Plan,Granite Falls, MN » Registered Landscape Architect in MN#59086 » Excelsior Commons Park Master Plan and Phase I, Excelsior, MN » The Commons-East Town, Minneapolis,MN Project Experience » Grams Regional Park,Sherburne County, MN » Minnetonka Parks System Plan, Minnetonka, MN » Central Park, Maple Grove, MN » Granite Falls Memorial Park Master Plan,Granite Falls, MN » Gateway Park Vision Plan, Minneapolis, MN » Midtown Greenway, Minneapolis, MN » Lac Qui Parle County Park Master Plan, Lac Qui Parle County, MN » Central Park, Maple Grove, MN » Belle Prairie Park Master Plan-Morrison County,MN » Water Works, Minneapolis, MN » 400 Block Downtown Park,Wausau,WI » Ridgedale Public Realm Guidelines, Minnetonka, MN » Crane Lake Preserve, Minnetonka, MN Awards » Vesterheim Heritage Park, Decorah, IA American Society of Landscape Architects Minnesota: » Lake Francis Community Park,Sartell, MN » Carlton Science Center at 3M World Headquarters,Merit Award 2017 » Baker Park, Maple Plain, MN » Central Park,City of Maple Grove, Merit Award 2017 » Sheridan Park, Minneapolis, MN » Hanifl Family Wild Woods Nature Based Playground, Minnesota » Trane Park, La Crosse,WI Zoo, Merit Award 2016 » Ramsey County Roseville Library, Honor Award 2012 Awards » Woodland Adventure Playground,Minnesota Zoo, Merit Award 2012 American Society of Landscape Architects Minnesota: » Town Green Park,Maple Grove,MN, Merit Award 2011 > Memorial to Survivors of Sexual Violence,Award of Excellence 2021 » Grand Forks Greenway,Grand Forks,ND, Merit Award 2008 » Ridgedale Public Realm Guidelines, Merit Award 2018 » The Town Green at Excelsior&Grand,St. Louis Park, MN, Merit » Sandy Hook Memorial, Merit Award 2018 Award 2007 » Burnsville Center: Redefining the Suburban Mall, Merit Award 2019 » Weisman Art Museum Plaza, Merit Award 2012 APPLE VALLEY—FACILITIES MASTER PLANNING 1292 19 REPRESENTATIVE PROJECTS Eagan Community Needs Assessment & Master Planning Study The 292 team worked with the City of Eagan staff to evaluate Four existing facilities were evaluated:Cascade Bay,Civic Arena, multiple recreational facilities across the City,to gather Eagan Community Center,and the Art House.A new fieldhouse stakeholder input,and to develop a facilities improvement was also studied as a consequence of the input process. Potential framework that allowed city staff and the city council to make sites were evaluated and conceptual options were created to decisions about future improvements. 292 Design Group led determine appropriate amenities and cost implications. the process,collaborating with a survey and market/operations consultant to: » Completion:2020 >> Location: Eagan, MN • Gather input from stakeholders and city staff.The process included meetings,facility tours and a public open house. » Contact: • Conduct a statistically-valid community survey.Surveys were Andrew Pimental mailed to a random sample of households to determine park Director, Parks and Recreation,City of Eagan and recreation priorities and citizen satisfaction with existing 651-675-5506 opportunities and amenities. apimental@cityofeagan.com • Analyze the Eagan market and demographics. Participation » Size/Budget/Bid Amount/Final Cost: rates and trends were also noted,as well alternate providers Proposed facility SF and costs for existing facilities include: within the Eagan service area. — Cascade Bay:n/a SF/$5.8 M • Analyze Eagan against other facilities and trends. — Community Center: 12,800 SF/$4.4 M • Hold a design workshop to develop facility concepts for — Art House: 14,200 SF/$7.6 M future improvements. — Fieldhouse Dome: 93,000 SF/$7 M • Determine implementation options for achieving — Ice Arena:19,600 SF/$5.1 M improvements. • I �.; n _.._...._ Rigid Structure i + •! !m 4 Lower Level llIPW I ,—I - •� • , —g�—.0—,13-iv j . . .1 l , ID . . ... �._._ LT, 1 L I_ 1 APPLE VALLEY—FACILITIES MASTER PLANNING 1292 110 REPRESENTATIVE PROJECTS Brooklyn Park Family Aquatic Center Study This aquatic feasibility study was an offshoot of Brooklyn Park's options include development of the aquatic facilities on a new previous park and recreation system planning. During that unidentified site.Construction cost estimates and operations process, development of a family aquatic center was identified plans were prepared for each option. as a top priority.The subsequent aquatic study explored the potential facility components and cost to construct,along with » Completion:2018 the long-term financial business plan and what impact it would » Location: Brooklyn Park, MN have on the City and the community.The study provided policy makers and staff the research and business analysis necessary to » Contact: inform decision makers on the best approach to addressing this Brad Tullberg recreation facility gap in the community. Director, Recreation and Parks Department,City of Brooklyn Park 763-493-8344 While the study was focused on aquatics,stakeholder brad.tullberg@brooklynpark.org engagement revealed additional recreation needs in the » Size/Budget/Bid Amount/Final Cost: community,such as the need for gymnasium court space,fitness The study outlined 6 concept options for aquatic and health/ and multi-purpose space.An holistic approach was taken during wellness facilities including both additions and new stand alone the study planning to address all these needs. buildings.Size and proposed budgets ranged from a$12.5 M/55,000 SF fitness/gym addition to the existing community center Six options were considered for potential Brooklyn Park aquatic to a$41.4 M/122,000 SF aquatic/fitness/gym addition to the facilities:four options included an addition/renovation to existing community center(concept diagram below.) the existing Community Activity Center(CAC)and two other 0 _ 7 fOfAL PARNi1. •COTSPACEG +�I SI SialLS ON EAST:+55 STRILS ON WESTI i..r.. Ia SPACES SOLAR GAROEN RATt I ii1: _1 AWRY - - 12A15PAC� $21 SPACES � - - -_ - ] �, ., !'R , :: E MO LACo -CORRIDOR if I wc = SH jRODY 1 l Ag1AECA Ex6YNY CORRIDOR TO&WM. _ - j 14 L : r IceRraR ROOMS eCH 92 D - I GYMS / _- _ FfR1ESS PATIO SPACES . : ,•“'• I- e - SE CENTER I• I I I IIIIII CENTERR"��r' .PA •A - - I 1lgL! - - i- r ;1 EXPANSION -!SiYRAOE.I L Ir 1 �-;•;. - -,__. _. 4Pu5HPAO S DECK _..":_•_ - PAM EVENT OREEN SPACE A OAROEN SYNnSN POND Family Aquatics + 50 Meter Pool • An alternate site plan option APPLE VALLEY—FACILITIES MASTER PLANNING 1292 111 REPRESENTATIVE PROJECTS Shakopee Community Center & Ice Arena This project involved renovation of the City's community center » Completion:2017 and construction of a new ice arena adjacent to the existing » Location:Shakopee, MN facility.The project is the result of a feasibility study process which determined the recreational needs and desires of the » Contact: community.The study outlined market and demographic Jamie Polley(Former Shakopee Park&Rec Director) conditions, evaluated existing facilities and future programming Director, Department of Parks, Recreation,and Forestry needs, established facility programs,and included conceptual Marathon County,Wausau,WI building and site designs with construction cost estimates. 715-261-1554 jamie.polley@co.marathon.wi.us The renovated community center includes new childcare and » Size:95,845 SF(Community Center),62,000 SF(Ice Arena) indoor play spaces,dedicated teen and senior centers,and » Budget/Bid Amount:$27,000,000 expanded fitness areas.A multi-purpose community room, accessed separately from the community center itself,gives » Final Cost:$10,029,957(Community Center),$16,600,000(Ice residents options for holding events outside of community center Arena) hours.The space which previously housed the city's single ice sheet was re-purposed into an aquatic center with pools for lap swimming and play. ■ rw .fir a.�r ,. i . , �,E l III ._.. Nill I 1... \ . i--r- 1�� _ ,- j i , - • , 1.�,E -- t it W • lel 1 I .. - . i • k � � _f`tie APPLE VALLEY—FACILITIES MASTER PLANNING 1292 112 PROJECT APPROACH Work Plan We believe that a successful project begins with a well-designed work plan.The work plan ensures that all parties—design consultants and the City of Apple Valley—are working under a shared process and with shared expectations.The graphic below illustrates a work plan and timeline we suggest for the Facilities Master Planning study. Please keep in mind that it has been developed without your input.Should our team be selected for the project,the work plan will be revised/refined in consultation with project representatives. Notice of Award:12/22/2021 Park&Recreation City Council Project Kick-off Advisory Committee Review Review/Approval 0 0 0 co co o L. DDDDDDDTu1DDDDDDDDPu►DDDDDDD IIIMMIL I 431 I ' 00 � • Advisory Committee • Progress Meetings Project Kick-off (Week of Jan.3,2022) design workshops. However,online engagement is an increasingly Our team will meet with staff and project representatives(Park important tool for its convenience—allowing people to provide and Recreation Advisory Committee or subcommittee)to review input when it best suits their schedule—and for its flexibility to the proposed work plan, revise as needed,outline milestone address health and safety concerns during the COVID pandemic. dates,and identify decision makers and project stakeholders.The 292 team will review all available data on current recreational Online Engagement Approach activities in the city and review any information the City feels There are various approaches to online engagement. Engagement is relevant for the study.We will tour the existing city facilities can be passive, meaning that people can provide input whenever to better understand the community's recreational and social they are available;or active,as in the example of the virtual opportunities. design charrette(see Conceptual Planning).The method of online engagement would be developed in consultation with your project representatives,and considered in relation to other © Stakeholder&Community Engagement Our team will gather input from the City and key staff. In engagement approaches.Our team members have experience conjunction with project representatives,we will also develop in online engagement platforms,such as Social Pinpoint,and can a stakeholder and community engagement process including incorporate those platforms into the overall engagement plan. opportunities for online and in-person feedback. © Market Analysis You know your community better than anyone else.While we The market and operations consultant,PROS,will develop service can offer insights that come from our experience with other areas for the potential facilities and analyze their demographic char- communities,we have found that reaching out to community acteristics.Our team will also visit and review other recreational, leaders and organizations—and asking for their help in making athletic,and social opportunities in the area to help identify typical sure all are heard—is the most effective way to engage all voices, users of potential facilities,the type and quantity of desired compo- especially those who have been under-represented or unheard. nents,and current trends and demands. There is not a one-size-fits-all approach;each community is unique and, in consultation with you,we will address how best to gather and respond to all voices.This may include any number 0 Facility Program Development of engagement methods such as a public open house,small After completing the market analysis and collecting leadership,staff, group meetings or one-on-one interviews—or a new approach stakeholder,and community input,our team will prepare a written suggested by a community leader, but as yet undefined. facilities program.This program outlines recommended facility components—to meet current and future program needs—and "Going to where the people are" is the basis of our approach to their associated,specific space needs.The program also begins to community engagement. Meeting people in places where they establish facility parameters(operating structure,the operational are most comfortable,and at times that are most convenient philosophy,and facility priorities),becoming the foundation for for them, promotes open and genuine input. In the past,this further project development. included primarily in-person efforts,such as coffee with seniors, a pizza party with teens,community open houses,or two-day APPLE VALLEY—FACILITIES MASTER PLANNING 1292 113 PROJECT APPROACH Notice of Award:12/22/2021 Park&Recreation City Council Project Kick-off Advisory Committee Review Review/Approval © o o co co o L. »)� • ••IO»»DNNNTIA»»D» "MN I 13) I ' 00 � • • Advisory Committee Progress Meetings OConceptual Planning O Visualization Conceptual facility and site planning,based upon information 292 will provide high-quality graphics to assist you with gathered from the engagement process and market analysis,is an presentations and communication efforts to the public.We use important step in developing community support and exploring state-of-the-art computer software programs to create photo- potential facility options.Conceptual planning will illustrate poten- realistic imagery that illustrates the potential facilities and helps tial approaches—creating options for recreation and arts facilities, build support for the project. existing and potential future programs,accessible parking,etc—and provide additional information for development of facility opera-0 Operations Analysis lions and cost estimates. After completion of the facility program statement and preferred We will begin by holding a two-or three-day design charrette,an concept plans, PROS will prepare an operations analysis efficient and intensive workshop with project stakeholders and the outlining the budget with regard to staffing, contractual services, community.Held online or on-site in Apple Valley,the charrette will commodities and capital improvement. allow us to distill ideas within a relatively brief time. The following outlines the charrette process which would be refined O Cost Estimation with your input.Stakeholders and/or the public may be integrated Our team will develop construction cost estimate that can be into the charrette at your discretion.Should a virtual charrette be used as the basis for a project development budget.The project preferred,we suggest extending the timeline to three days. development budget—encompassing hard and soft project costs—can be used to prepare a capital improvement budget for » Day 1:Our team hosts a morning workshop session with project new and renovated facilities. representatives and invited participants to discuss project goals and input received from community engagement activities.This Q Draft Report is an opportunity to talk about the big picture—the vision of what community facilities could be and how they could impact the Our team will assemble all assessment and planning information community.We then develop preliminary facility and site options into a comprehensive, user-friendly report.The report will for review and discussion with key staff and stakeholders later that document the study process,address market,operational costs afternoon. and construction cost issues.The report can be used as a decision » Day 2: Based on feedback from the previous day,our team will making tool in moving the project forward. revise the preliminary concept options and hold another workshop discussion to discuss the revised options and gather more feedback. Prior to issuing the draft report,our team will prepare a » Day 3:Our team will again revise the concept options and hold preliminary copy for review and discussion with city staff and a final workshop discussion.A public open house may be held, if project representatives.This review allows for critical feedback desired,to present the result of the charrette to the community. and makes certain that the draft report responds to the study objectives as outlined at the project kick-off. After the charrette,the concept options developed during the charrette workshop will be further refined by the design team. O Final Report&Presentations Rough budget estimates for each will be prepared to assist the Our team will present the draft report and preferred concept plan City and team in evaluating the options and selecting a preferred to leadership for review.We will also present the study results approach. at a public open house or meeting as determined by staff and leadership. After incorporating revisions extending from the draft report presentations,our team will submit the final study report. APPLE VALLEY—FACILITIES MASTER PLANNING 1292 114 FEE STRUCTURE Fee Hourly Rates 292 Design Group proposes a lump sum, not-to-exceed fee of Additional Services are only provided at direct request by the $38,500 for facilities master planning as outlined in the RFP's client and projected costs are provided beforehand.All Additional Scope of Services. (Damon Farber services, if required,would be Services are billed at current hourly billing rates as listed below. included in the fee.) Project Leader/Principal in Charge $190-$225 Electrical and mechanical systems evaluations were not included Senior Facilities Planner $185-$220 in our proposed fee, based on our understanding of the scope of Associate Facilities Planner $125-$150 services. If desired,we could include Nelson-Rudie and Associates Revenue and Operations Planner $200 (NRA)on our team. NRA is a consulting engineering firm we have Principal Landscape Architect $185 worked with on many community recreation facility projects.We Associate Landscape Architect $165 anticipate their fee to be approximately$10-$15K for a report Cost Estimator $145 outlining the M/E systems conditions. Reimbursable Expenses 292 Design Group charges for travel and mileage related expenses only.We do not charge for printing, report production or other related costs, unless the client requests extensive copies of reports or other documents.All expenses are charged at direct cost with no additional overhead charge. \‘‘%---. • f r � �� I_ F~ -� APPLE VALLEY—FACILITIES MASTER PLANNING 1292 115 • ITEM: 4.L. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Approve Change Order No. 1 to Agreement with Fendler Patterson Construction, Inc., for AV Liquor Store 1 - Breakroom Remodel, and Approve Acceptance and Final Payment Staff Contact: Department/ Division: Charles Grawe,Assistant City Administrator Administration/ Information Technologies ACTION REQUESTED: Approve Change Order No. 1 to agreement with Fendler Patterson Construction, Inc., for AV Liquor Store 1 - Breakroom Remodel project, in the additional amount of $1,231.00, and approve acceptance and final payment in the amount of$18,420.00. SUMMARY: The Break room at Store #1 was in need of a remodel for years. This project was vital for the health, safety, and morale of our staff. The total cost of the original project was $17,189.00. There was one change order for an addition of$1,231.00. The final cost of the project is $18,420.00. BACKGROUND: The project included a number of repairs and replacements. The existing sink and cabinets were corroded and warped with water damage, rust, mold, and mildew. The floor and ceiling needed to be replaced due to staining and wear and tear. The walls were in need of a fresh coat of paint. Lockers were installed for secure storage of employee's personal belongings. Change Order Item 1: Asbestos Mitigation. During removal of floor tile, the mastic glue used to secure the tiles was found to contain asbestos. Special procedures are required to remove asbestos in a safe manner that does not threaten the health of those in the area. The additional cost is for the asbestos mitigation. Staff recommends the Council approve Change Order No. 1 addition in the amount of $1,231.00 to agreement with Fendler Patterson Construction, Inc., for AV Liquor Store 1 - Breakroom Remodel project and approve acceptance and final payment in the amount of $18,420.00, contingent on receipt of all final payment documents. BUDGET IMPACT: Item 1: Addition $1,231.00 ATTACHMENTS: Invoice 000 *006 0000* CityAppleof Valley CITY OF APPLE VALLEY APPLICATION FOR PAYMENT DATE: 12/31/2021 FOR PERIOD: 12/01/2021 -12/31/2021 PROJECT:AV Liquor Store 1 Breakroom Remodel FROM: 10/21/2021 TO: 12/31/2021 CONTRACTOR: Fendler Patterson Construction, Inc REQUEST FOR PAYMENT NO. 1 ___. ADDRESS: 4839 West 124th Street Savage,MN 55378 SUMMARY: 1. Original Contract Amount $ 17,189.00 2. Change Order-ADDITION $ 1,231.00 3. Change Order- DEDUCTION $ 0.00 4. Revised Contract Amount $ 18,420.00 5. Total Completed and Stored to Date $ 18,420.00 6. Less Retainage % $ 0.00 7. Total Earned Less Retainage $ 18,420.00 8. Less Amount Paid Previously $ 0.00 9. AMOUNT DUE THIS CURRENT REQUEST $ 18,420.00 The undersigned Contractor certifies that to the best of his knowledge, information and belief, the work covered by.this application for payment has been completed in accordance with the contract documents, that all amounts have been paid by him for work for which previous payments were received from the City and that current payment shown herein is now due. Contractor: Fendler Patterson Constr, By: John Patterson V' OPr' Recommended for Payment By: ATTACH ITEMIZED INVOICE Title: Date: Fend ler Contract Invoice Invoice# : 21 - 192 - 1 P. CONSTRUCTION Date : 12 /31 /2021 4839 West 124th Street Savage MN 55378 ( 952 ) 890 -4364 Billed To : City of Apple Valley Project : 21 - 192 Apple Valley Liquor # 1 Breakroom 7100 147th Street W Apple Valley MN 55124 Due Date : 01 /31 /2022 Terms : Order# Description Amount Apple Valley Liquor Store # 1 - Breakroom Remodel 17 , 189 . 00 Apple Valley Liquor Store # 1 - Breakroom Remodel Add Asbestos Removal 1 , 231 . 00 Non - Taxable Amount : 18 , 420 . 00 Taxable Amount : 0 . 00 Thank you for your prompt payment! Sales Tax : 0 . 00 Amount Due 18 , 420 . 00 • ITEM: 4.M. ..... Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Approve Acceptance and Final Payment on Agreement with Fendler Patterson Construction, Inc., for Apple Valley Liquor- Store 2 Staff Contact: Department/ Division: Charles Grawe,Assistant City Administrator Administration/ Information Technologies ACTION REQUESTED: Approve acceptance and final payment on agreement with Fendler Patterson Construction, Inc., for Apple Valley Liquor - Store 2 in the amount of$39,811.00. SUMMARY: The building signage was due for replacement and was further damaged during a wind storm, requiring replacement and repair to the building. The existing signage was over 20 years old and total sign replacement was the recommended method for replacement. The total cost of the original project was $39,811.00. There were no change orders. The final cost of the project is $39,811.00. BACKGROUND: This project involved removal of the existing signage on the north and west building faces and replacement of the west facing signage only. Staff recommends the Council approve acceptance and final payment on agreement with Fendler Patterson Construction, Inc., for Apple Valley Liquor - Store 2 in the amount of $39,811.00, contingent on receipt of all final payment documents. BUDGET IMPACT: N/A ATTACHMENTS: I nvoice 000 •0•0 0000* 0000 000 City of Apple Valley CITY OF APPLE VALLEY APPLICATION FOR PAYMENT DATE: 11/30/2021 FOR PERIOD: 11/01/2021 -11/30/2021 PROJECT:AV Liquor Store 2 Signage FROM: 09/29/2021 TO: 11/3 0/2021 CONTRACTOR: Fendler Patterson Construction, Inc REQUEST FOR PAYMENT NO. , 1 ___ ADDRESS: 4839 West 124th Street Savage,MN 55378 SUMMARY: 1. Original Contract Amount $ 39,811.00 2. Change Order-ADDITION . $ 0.00 3. Change Order- DEDUCTION $ 0.00 4. Revised Contract Amount $ 39,811.00 5. Total Completed and Stored to Date $ 39,811.00 6. Less Retainage % $ 0.00 7. .Total Earned Less Retainage $ 39,811.00 8. Less Amount Paid Previously $ 0.00 9. AMOUNT DUE THIS CURRENT REQUEST $ 39,811.00 The undersigned Contractor certifies that to the best of his knowledge, information and belief, the work covered by.this application for payment has been completed in accordance with the contract documents, that all amounts have been paid by him for work for which previous payments were received from the City and that current payment shown herein is now due. Contractor: Fendler Patterson Construe .•• - • By: John Patterson, ' Recommended for Payment By: ATTACH ITEMIZED INVOICE Title: Date: IT Fendler Contract Invoice Invoice#: 21-183-1 CONSTRUCTION Date: 11/30/2021 4839 West 124th Street Savage MN 55378 (952)890-4364 Billed To: City of Apple Valley Project: 21-183 Apple Valley Liquor 2 -Signage 7100 147th St. W. 14261 Essex Avenue Apple Valley MN 55124 Apple Valley MN 55124 Due Date: 12/30/2021 Terms: Order# Description Amount Apple Valley Liquor Store#2 Signage 39,811.00 Non-Taxable Amount: 39,811.00 Taxable Amount: 0.00 Thank you for your prompt payment! Sales Tax: 0.00 Amount Due 39,811.00 • ITEM: 4.N. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Set Special Informal City Council Meeting on February 24, 2022, at 5:30 p.m. Staff Contact: Department/ Division: Tom Lawell, City Administrator Administration Department ACTION REQUESTED: Set Special Informal City Council Meeting at 5:30 p.m. on February 24, 2022. SUMMARY: Typically the City Council meets once a month for an informal meeting prior to the regular Council meeting on the second Thursday of each month. These informal meetings are helpful to staff as a forum to share information with the Council and seek feedback on various departmental efforts. As we discussed at our last informal meeting, it would be helpful if the Council could conduct one additional informal meeting in February 2022. Specifically, it is proposed that we set a Special Informal City Council Meeting for Thursday, February 24 at 5:30 p.m. at the Apple Valley Municipal Center. The regularly scheduled Council meeting will immediately follow at 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A • ITEM: 4.0. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Approve Personnel Report Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Approve the personnel report. SUMMARY: The employment actions attached to this memo are recommended for City Council approval. BACKGROUND: The City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. BUDGET IMPACT: Budgeted positions. ATTACHMENTS: Personnel Report PERSONNEL REPORT City of Apple Valley February 10,2022 Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Last Base Pay Pay Pay Date Name Name Action Position Status Dept. Rate Type Scale (on or about) Accept Full-Time, Austin DeLuna Resignation Maintenance Worker II Regular 1600 2/11/2022 Casual, Deirdre Murray Hire Video Operator Variable Hour 2012 $ 13.50 Hourly C-11 2/14/2022 Acting Full-Time, Christopher Rowe Assignment Fleet Mechanic Regular 1600 $ 29.10 Hourly UFM 2/12/2022 Full-Time, Chloe Saholt Hire Police Officer Regular 1200 $ 5,715.00 Monthly U-P 2/14/2022 Acting Full-Time, Russ Zellmer Assignment Fleet Mechanic Regular 1600 $ 33.96 Hourly UFM 2/12/2022 The Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 • ITEM: 4.P. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Consent Agenda Description: Approve Claims and Bills Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Approve claims and bills. SUMMARY: Attached for City Council review and approval are check registers for recent claims and bills. BACKGROUND: N/A BUDGET IMPACT: Check registers dated January 19, 2022, and January 26, 2022, in the amounts of $1,567,126.15, and $1,225,539.62, respectively. ATTACHMENTS: Claims and Bills Claims and Bills R55CKR2 LC_ .i01 CITY OF APPLE .3Y 1/19/202� ,:09 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25686 1/21/2022 100101 ACE HARDWARE .49- DISCOUNT 410539 101310939721 1330.6333 GENERAL-CASH DISCOUNTS FIRE OPERATIONS 4.99 OFFICE THERMOMETER(ELVIN) 410539 101310939721 1330.6211 SMALL TOOLS&EQUIPMENT FIRE OPERATIONS 3.98- DISCOUNT 410540 101340939541 5265.6333 GENERAL-CASH DISCOUNTS ARENA 2 BLDG MAINTENANCE-HAYES 33.98 TAPE FOR HAYES FLOORING 410540 101340939541 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 7.59- DISCOUNT 410802 101370939751 1215.6333 GENERAL-CASH DISCOUNTS POLICE DETECTIVE UNIT 75.99 SPACE HEATER FOR DET.BONE 410802 101370939751 1215.6211 SMALL TOOLS&EQUIPMENT POLICE DETECTIVE UNIT 102.90 25687 1/21/2022 100709 BATTERIES PLUS BULBS 83.96 LIFT 3 UPS REPLACEMENT BATTERY 410500 P47654370 5380.6215 EQUIPMENT-PARTS SEWER LIFT STN REPAIR&MNTC 83.96 25688 1/21/2022 100058 BELLBOY CORPORATION 255.00 LIQ#1 00004928 410681 104501300 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 45.00 TAX#1 00004928 410682 104501300 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 92.50 NTAX#1 00004928 410683 104501300 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 22.50- CMNTAX#1 00004928 410684 104501300 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 87.00 LIQ#2 00004928 410685 104501400 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 15.00 TAX#2 00004928 410686 104501400 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 33.00 NTAX#2 00004928 410687 104501400 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 43.50 LIQ#3 00004928 410695 104509000 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 120.00 TAX#3 00004928 410696 104509000 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 105.00 LIQ#3 00004928 410719 104541300 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 47.00 NTAX#3 00004928 410720 104541300 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 23.10 TAX#1 00004928 410709 104541400 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 79-50 NTAX#1 00004928 410710 104541400 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 63.90 NTAX#1 00004928 410711 104572500 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 92.00 TAX#1 00004928 410712 104572500 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 195.60 LIQ#3 00004928 410723 104572700 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,082.00 LIQ#1 00004928 410688 93033300 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 88.00 WINE#1 00004928 410689 93033300 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 14.00 FREIGHT#1 00004928 410690 93033300 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 36.75 LIQ#2 00004928 410691 93033400 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 48.75 TAX#2 00004928 410692 93033400 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1,124.20 LIQ#3 00004928 410693 93049000 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 14.00 FREIGHT#3 00004928 410694 93049000 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 876.75 LIQ#1 00004928 410713 93135000 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 159.00 NTAX#1 00004928 410714 93135000 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 20.00 FREIGHT#1 00004928 410715 93135000 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 634.50 LIQ#2 00004928 410717 93135600 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25688 1/21/2022 100058 BELLBOY CORPORATION Continued... 10.00 FREIGHT#2 00004928 410718 93135600 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 769.50 LIQ#3 00004928 410721 93135800 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 12.00 FREIGHT#3 00004928 410722 93135800 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 83.50 LIQ#1 00004928 410716 93218900 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 130.00 LIQ#3 00004928 410724 93219000 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 6,377.55 25689 1/21/2022 121092 BOURGET IMPORTS 240.00 WINE#1 00045600 410561 183709 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 3.50 FREIGHT#1 00045600 410562 183709 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 364.00 WINE#1 00045600 410637 183907 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5.25 FREIGHT#1 00045600 410638 183907 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 612.75 25690 1121/2022 150664 CLUB PROPHET SYSTEMS 225.00 CLUB PROPHET POS F&B 410474 2174JAN22 2270.6249 OTHER CONTRACTUAL SERVICES GOLF FOOD 8 BEVERAGE 546.00 CLUB PROPHET POS F&B 410474 2174JAN22 2210.6249 OTHER CONTRACTUAL SERVICES GOLF PRO SHOP 771.00 25691 1/21/2022 119052 CUSTOM HOSE TECH INC 328.37 HYDRAULIC HOSE#381 410786 109421 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 328.37 25692 1/2112022 100128 DAKOTA ELECTRIC ASSOCIATION 67.88 COBBLESTONE LK PKY LIGHTS DEC 410795 200001029347DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 134.26 QUARRY POINT TOWER GAS DEC 410794 200001036888DEC 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 242.95 VALLEY WOOD MAINT BLDG GAS DEC 410793 200001348960DEC 5145.6255 UTILITIES-ELECTRIC GOLF SHOP BUILDING MAINTENANCE 21 192.72 VALLEY WOOD RESERVOIR GAS DEC 410792 200002244242DEC 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 221.22 15298 153RD ST LIGHTS DEC 410791 200003155579DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 76.07 15850 DRAWSTONE TRL LIGHTS DEC 410790 200003472842DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 71.53 15750 DIAMOND WAY LIGHTS DEC 410779 200003472859DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 51.26 15745 COBBLESTONE LK PKY DEC 410778 200003472867DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 RS5CKR2 LC 101 CITY OF APPLE _EY 1/19/202k 4:09 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25692 1/2112022 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 24.04 158TH/DIAMOND PATH MOONLIGHT D 410777 200003472875DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 93.95 COBBLESTONE LK PKWY LIGHTS DEC 410776 200003571957DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 1,445.70 VALLEYWOOD CLUBHOUSE DEC 410775 200004985206DEC 5110.6255 UTILITIES-ELECTRIC GOLF CLUBHOUSE BUILDING 21 32.23 COBBLESTONE N 2ND ADDITION DEC 410774 200005663463DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 42.22 COBBLESTONE N 2ND ADDITION DEC 410773 200005663471DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 5.00 CD SIREN-PILOT KNOB#394930-2 410533 200010000089JAN 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 22 5.10 CD SIREN-CHAPARRAL#2010833 410533 200010000089JAN 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 22 5.10 CD SIREN-WILDWOOD#2010825 410533 200010000089JAN 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 22 5.10 CD SIREN-CED KNOLLS#2010817 410533 200010000089JAN 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 22 5.10 CD SIREN-GALAXIE&42#2010809 410533 200010000089JAN 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 22 5.10 CD SIREN-DUCHESS#2010791 410533 200010000089JAN 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 22 5.10 CD SIREN-DELANEY#2010783 410533 2000100000B9JAN 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 22 5.10 CD SIREN-HUNTINGTON#2010775 410533 200010000089JAN 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 22 5.10 CD SIREN-CMF#2010767 410533 200010000089JAN 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 22 16.48 LEGION FLD PRESS BX#310081-5 410533 2000100000B9JAN 1730,6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 16.48 PK-BELMT PD AER/FOUNT#325093-3 410533 200010000089JAN 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 22 16.61 HAGEMEISTER TENNIS LTS#1804087 410533 200010000089JAN 1745,6255 UTILITIES-ELECTRIC PARK CRT/GAME AREA MAINTENANCE 22 17.49 FOUNDER PK LT#366449-7 410533 200010000089JAN 1740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/PATH MAINTENANCE 22 20.26 ALIMAGNET PK RESTRM#144117-9 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 32.61 HUNTINGTON PK SHLTR#2014926 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25692 1121/2022 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 22 32.73 KELLEY PD PK/SPKLR#405066-2 410533 200010000089JAN 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 22 33.99 SCOTT TENNIS LTS#1804079 410533 200010000089JAN 1745.6255 UTILITIES-ELECTRIC PARK CRT/GAME AREA MAINTENANCE 22 37.27 AV EAST PK WMHSE#2148484 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 39.79 GALAXIE PK WMHSE#481583-3 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 40.55 EASTVIEW PRESS BOX#2079408 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 41.04 SALT BLDG#310219-1 410533 200010000089JAN 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 22 51.52 COBBLESTONE PAVILLION 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 62.82 PARK HS#4 FIELDS#224529-8 410533 200010000089JAN 1780.6255 UTILITIES-ELECTRIC PARK HIGH SCHOOL#4 FIELDS 22 80.22 FARQ PK RESTROOMS#1617653 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 86.66 PW RADIO EQUIP#215383-1 410533 200010000089JAN 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 22 93.05 VALLEY MID PK SHLTR#1247824 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 101.77 HAGEMEISTER PK SHLTR#151256-5 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 106.00 DELANEY PK SHLTR#151247-4 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 190 17 AQUATIC CENTER#273061-2 410533 200010000089JAN 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 22 192.04 AVFAC EXPANSION#443065-8 410533 200010000089JAN 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 22 219.93 REDWOOD/POOL#108328-6 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 262.88 CMF STORAGE#2009652 410533 200010000089JAN 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 22 279.39 FIRE STATION#3#146046-8 410533 200010000089JAN 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 22 398.30 FIRE STATION#2#145450-3 410533 200010000089JAN 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 22 R55CKR2 Ll, .101 CITY OF APPLE .EY 1/19/202. {:09 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25692 1/21/2022 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 552.02 TEEN CENTER#268335-7 410533 200010000089JAN 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 22 815.31 EASTVIEW-HIGHLAND#1889047 410533 200010000089JAN 1715.6255 UTILITIES-ELECTRIC PARK ATHLETIC FIELD MAINTENANC 22 850.50 FIRE STATION#1#111343-0 410533 200010000089JAN 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 22 1,405.04 PARK PATHWAY LTS#2053296 410533 200010000089JAN 1740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/PATH MAINTENANCE 22 1,560.65 QUARRY PT ATHLCPLX#456933-1 410533 200010000089JAN 1715.6255 UTILITIES-ELECTRIC PARK ATHLETIC FIELD MAINTENANC 22 1,666.56 HAYES COMM&SR CTR#451229-9 410533 200010000089JAN 1920.6255 UTILITIES-ELECTRIC SENIOR CENTER 22 1,827.37 AV COMM CTR#1883305 410533 200010000089JAN 1900.6255 UTILITIES-ELECTRIC AV COMMUNITY CENTER 22 2,480.80 CENTRAL MAINT FAG#511870-8 410533 200010000089JAN 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 22 3,686.08 MUNICIPAL CENTER#288247-0 410533 200010000089JAN 1060.6255 UTILITIES-ELECTRIC MUNICIPAL BLDG&GROUNDS MNTC 22 1,406.11 OLD CITY HALL#517541-9 410533 200010000089JAN 2092.6255 UTILITIES-ELECTRIC EDUCATION BUILDING FUND 22 92,29 CENTRAL VILLAGE P-LOT 410533 200010000089JAN 2097.6255 UTILITIES-ELECTRIC CENTRAL VILLAGE PARKING LOT 22 493,37 LIQUOR STORE 2#138678-8 410533 200010000089JAN 5065.6255 UTILITIES-ELECTRIC LIQUOR#2 OPERATIONS 22 1,161.12 LIQUOR STORE 1#145003-0 410533 200010000089JAN 5025.6255 UTILITIES-ELECTRIC LIQUOR#1 OPERATIONS 22 2,070.07 LIQUOR STORE 3#444140-8 410533 200010000089JAN 5095.6255 UTILITIES-ELECTRIC LIQUOR#3 OPERATIONS 22 145.16 VLLYWD GOLF SPRINK-134893-7 410533 200010000089JAN 5150.6255 UTILITIES-ELECTRIC GOLF COURSE MAINTENANCE 22 5,786.70 HAYES PK ICE ARENA#222230-5 410533 200010000089JAN 5265.6255 UTILITIES-ELECTRIC ARENA 2 BLDG MAINTENANCE-HAYES 22 5,869.87 ICE ARENA#1#136723-4 410533 200010000089JAN 5210.6255 UTILITIES-ELECTRIC ARENA 1 BUILDING MAINTENANCE 22 16.48 PUMPHOUSE 15#2121093 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 19.07 PALOMINO RESERVOIR#103546-8 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 22.91 HERALD WY PRESS STN#103686-2 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25692 1/2112022 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 22 33.61 PUMPHOUSE#5#135486-9 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 22 40.11 LS 10 NORDIC WOODS#1830835 410533 200010000089JAN 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 22 62.96 LS 7 HERITAGE HILLS#144109-6 410533 200010000089JAN 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 22 63.85 LS 11-HIGHLAND PT CT#2021699 410533 200010000089JAN 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 22 64,98 PUMPHOUSE#1#106890-7 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 76.43 PUMPHOUSE#2#108018-3 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 22 113.23 PUMPHOUSE 14#2008852 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 22 125.33 PUMPHOUSE#4#121151-5 410533 200010000089JAN 5320,6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 22 127.59 WTRTWR RESERV-LONGRDG#144881- 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 22 137.41 PUMPHOUSE 08#1468404 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 22 143.33 LS 9 4771 DOMINICA WY#525977- 410533 200010000089JAN 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 22 156.18 LIFT STN 4 PH LKSHR#1030667 410533 200010000089JAN 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 22 190.13 LIFT#5#580685-6 410533 200010000089JAN 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 22 197.88 PUMPHOUSE#3#106099-5 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 224.61 PUMPHOUSE 19#415728-5 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 365.55 LFT STN3 133 CHAPARRAL 546943 410533 200010000089JAN 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 22 639.24 PUMPHOUSE 09#1526292 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 22 647.97 AV BOOSTER-NORDIC#138075-7 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 794.22 PUMPHOUSE 12#2023273 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 R55CKR2 L� 101 CITY OFAPPLL _EY 1/19/202. 4:09 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25692 1/21/2022 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 897.78 LIFT STN 1 ELLICE#131715-5 410533 200010000089JAN 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 22 1,325.76 PUMPHOUSE#11#174395-4 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 1,490.01 PUMPHOUSE 13#2023265 410533 200010000089JAN 5320,6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 1,725.24 PUMPHOUSE#7#126394-6 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 1,983.72 PUMPHOUSE 17#307438-2 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 22 1.991.86 PUMPHOUSE#10#155867-5 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 22 2,394.16 PUMPHOUSE 18#1078310 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 3,061.41 PUMPHOUSE 20#484299 410533 200010000089JAN 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 22 10,045.37 WTR TREATMENT PLANT#511870-8 410533 200010000089JAN 5325.6255 UTILITIES-ELECTRIC WATER TREATMENT FCLTY MNTC/RPR 22 16.48 LS STM SWR HGHWD#1586924 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 26,94 LS STM SWR-BELMONT PK#2011021 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 33.99 LS-WHEATON PONDS#443438-7 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 37.02 LS STM SWR BRIAR OAKS#1827781 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 79.17 LS STM SWR PENNOCK SHR#135489 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 120.96 LS STM SWR-HANNOVER#19860009 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 178.21 LS STM SWR FARQUAR#137184-8 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 179.66 LS STN COBB LK#306511-7 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 625.86 LS STM SWRALIMAGNET#144134-4 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 1,044,57 LS 2 7698 128TH ST W#490873-7 410533 200010000089JAN 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 22 48.18 CEMETERY LTS#339637-1 410533 200010000089JAN 5605.6255 UTILITIES-ELECTRIC CEMETERY R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25692 1/2112022 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 22 64.35 CEMETERY LTS FLAGPOLE#318998-2 410533 200010000089JAN 5605.6255 UTILITIES-ELECTRIC CEMETERY 22 17.65 964 GARDENVIEW DR SLSIGN 410533 200010000089JAN 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 22 34.26 GREENWAY TUNNEL#563183-3 410533 200010000089JAN 5805,6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 42.18 TUNNEL STREET LT#279581-3 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 42.81 SIGNAL-GARRETT&150TH#1802081 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 43.31 SIGNAL 153RD&CUB#2013084 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 44.44 SIGNAL-147TH/PENNOCK#103448-7 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 44.57 SIGNAL-140TH/FLAGSTAFF#2750370 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 44.57 SIGNAL-GALAXIE&14OTH#2053858 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 47.09 SIGNAL-149TH/PENNOCK#103448-7 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 48,48 SIGNAL-140TH/PENNOCK#303778-5 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 48.99 SIGNAL 42&PENNOCK#1033836 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 52.39 SIGNAL-GALAXIE&147TH#1022698 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 52.51 SIGNAL-14OTH/JOHNNY CK#2750412 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 53.64 SIGNAL-GALAXIE&153RD#3128204 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 54.77 SIGNAL CEDAR&147TH#1033901 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 56.66 SIGNAL GALAXIE&150TH#1821115 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 57.04 SIGNAL CEDAR&140TH#1577386 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 59.06 SIGNAL-CEDAR& 145TH#2047702 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 R55CKR2 _i101 CITY OFAPPLL _EY 1/19/202. 4:09 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25692 1121/2022 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 64.35 SIGNAL 42&GARDENVW#124646-1 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 83.00 GASLIGHT STREET LT#267358-0 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 86.65 UTIL RADIO EQUIP#215383-1 410533 200010000089JAN 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 22 106.17 SIGNAL-GALAXIE&38#2146678 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 145.98 CO RD 42/CEDAR LTS#501516-9 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 159.96 CEDAR/147TH LTS#501520-1 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 209.72 147TH ST W LTS#498760-8 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 225.47 CEDAR/145TH LTS#501526-8 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 238.07 CEDAR&153RD LT#487980-5 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 238,95 CEDAR/140TH LTS#501536-7 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 275.98 CEDAR&157RD LT#487985-4 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 34,164.58 UTILITY STREET LTS#1109149 410533 200010000089JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 17.65 12119 GANTRY LN POND JAN 410799 200010036848JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 39,79 HAWK SIGNAL PED CROSSING JAN 410798 200010066613JAN 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 22 17.65 PILOT KNOB/155TH ST SPKLR JAN 410797 200010066957JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 81.49 PILOT KNOB/155TH JAN 410796 200010066959JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 105,714.55 25693 1/21/2022 144557 EXECUTIVE OUTDOOR SERVICES LLC 1,750.00 MUNILOT-PLOWING DEC 410494 1667 2097.6249 OTHER CONTRACTUAL SERVICES CENTRAL VILLAGE PARKING LOT 2,100.00 EDUBLDG-SNOW REMOVAL DEC 410493 1668 2092.6249 OTHER CONTRACTUAL SERVICES EDUCATION BUILDING FUND 3,850.00 25694 1/21/2022 100157 FACTORY MOTOR PARTS CO R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25694 1/21/2022 100157 FACTORY MOTOR PARTS CO Continued... 47.52 HYDRAULIC FITTINGS 410785 17329736 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 47_52 25695 1121/2022 100176 FLEXIBLE PIPE TOOL COMPANY 120.00 CAM VAN REPAIR 410515 27012 5375.6265 REPAIRS-EQUIPMENT SEWER MAINTENANCE AND REPAIR 120.00 25696 1/2112022 100209 GOPHER STATE ONE-CALL 100.00 GSOC LOCATES 410510 1120181 5365.6399 OTHER CHARGES SEWER MGMT/REPORTS/DATA ENTRY 100.00 GSOC LOCATES 410510 1120181 5305.6399 OTHER CHARGES WATER MGMT/REPORT/DATA ENTRY 51.10 GSOC LOCATES 410510 1120181 5505.6399 OTHER CHARGES STORM DRAIN MNTC/RPR/SUMPS 13.50 GOPHER STATE ONE CALL 410508 1120182 5805.6237 TELEPHONE/PAGERS STREET LIGHT UTILITY FUND 264.60 25697 1/21/2022 100217 GRAINGER,INC. 173.24 AIR RELIEF PARTS 410514 9163095392 5380.6215 EQUIPMENT-PARTS SEWER LIFT STN REPAIR&MNTC 231.72 SPACE HTR BREANNA,ALEX,JEREMY 410536 9170577978 1100.6211 SMALL TOOLS&EQUIPMENT DEV MANAGEMENT 77.24 SPACE HTR-KEVIN FREIBURGER/GIS 410537 9171308548 1510.6211 SMALL TOOLS&EQUIPMENT PW ENGINEERING&TECHNICAL 482.20 25698 1/21/2022 103314 INNOVATIVE OFFICE SOLUTIONS 2.99 DESK CALENDAR 410772 IN3618772 1035.6210 OFFICE SUPPLIES FINANCE 2.99 25699 1/21/2022 154706 LOMPLAN WINES LLC 608.04 WINE#3 00052648 410622 83679018 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#3 00052648 410623 83679018 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 615.54 25700 1/21/2022 101433 MARTIN-MCALLISTER 550.00 PUBLIC SAFETY ASSESSMENT 410491 14348 1210.6235 CONSULTANT SERVICES POLICE FIELD OPERATIONS/PATROL 550.00 25701 1/21/2022 100311 METRO COUNCIL ENVIRONMENTAL SV 521.85- RETAINED%DECEMBER 410481 20211231 5301.4999 MISC UTILITY REVENUE WATER&SEWER FUND REVENUE 52,185.00 SAC COLLECTION DECEMBER 410481 20211231 5301.4922 SAC COLLECTIONS WATER&SEWER FUND REVENUE 51,663.15 25702 112112022 152003 MUELLER CO,LLC 2.28- UTIL DISCOUNT 410502 65384995 '310.6333 GENERAL-CASH DISCOUNTS WATER METER RPR/r'^''IACE/READNC R55CKR2 Lt.. i01 CITY OF APPLE EY 1/19/202. i:09 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25702 1/21/2022 152003 MUELLER CO,LLC Continued... 128.96 3"MAG METER GROUNDING RINGS 410502 65384995 5310.6540 TAXABLE MISC FOR RESALE WATER METER RPR/REPLACE/READNC 126.68 25703 1/21/2022 100382 PILGRIM PROMOTIONS 6,66 %STOCK CAPS 410543 16561 1900.6281 UNIFORM/CLOTHING ALLOWANCE AV COMMUNITY CENTER 6.66 %STOCK CAPS 410543 16561 1920.6281 UNIFORM/CLOTHING ALLOWANCE SENIOR CENTER 13,32 %STOCK CAPS 410543 16561 1060.6281 UNIFORM/CLOTHING ALLOWANCE MUNICIPAL BLDG&GROUNDS MNTC 13.32 %STOCK CAPS 410543 16561 1520.6281 UNIFORM/CLOTHING ALLOWANCE NATURAL RESOURCES 13.32 %STOCK CAPS 410543 16561 1400.6281 UNIFORM/CLOTHING ALLOWANCE INSPECTIONS MANAGEMENT 19.97 %STOCK CAPS 410543 16561 1510.6281 UNIFORM/CLOTHING ALLOWANCE PW ENGINEERING&TECHNICAL 33,29 %STOCK CAPS 410543 16561 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 86,55 %STOCK CAPS 410543 16561 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 93,21 %STOCK CAPS 410543 16561 1710,6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 13.30 %STOCK CAPS 410543 16561 5105.6281 UNIFORM/CLOTHING ALLOWANCE GOLF MANAGEMENT 33.29 %STOCK CAPS 410543 16561 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 46.61 %STOCK CAPS 410543 16561 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 379.50 25704 1/21/2022 100636 REITEN,JEFFREY A 138.32 6/30-12/29 MILEAGE-J REITEN 410506 20211229 1530.6277 MILEAGE/AUTO ALLOWANCE FLEET&BUILDINGS-CMF 138.32 25705 1/2112022 144815 RIHM KENWORTH 17.07 TEMP SENSOR#327 410787 2103735A 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 66.69 BLOWER MOTOR MODULE#381 410788 2104037A 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 83.76 25706 1/21/2022 144495 SMALL LOT MN 483.96 WINE#3 00051469 410626 49027 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5.00 FREIGHT#3 00051469 410627 49027 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 80.04 WINE#2 00051469 410624 49029 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 5.00 FREIGHT#2 00051469 410625 49029 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 574.00 25707 1/2112022 119875 SOUTH METRO RENTAL 4.03 REPAIR PARTS FOR CHAINSAW 410801 120104 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 4.03 25708 1/21/2022 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN 880 00 WINE#1 00050756 410745 5078688 5015.6520 WINE LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25708 1/2112022 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN Continued... 880.00 WINE#3 00050756 410749 5078691 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,169.50 LIQ#1 00050756 410725 5079942 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 981,00 LIQ#1 00050756 410726 5079943 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,251.25 LIQ#1 00050756 410727 5079944 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 3,741,25 LIQ#1 00050756 410728 5079945 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 273.75- CMLIQ#1 00050756 410729 5079945 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 21,165.96 LIQ#1 00050756 410730 5079946 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,843.90- CMLIQ#1 00050756 410731 5079946 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 513.64 LIQ#1 00050756 410732 5079947 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 268.00 LIQ#1 00050756 410733 5079948 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 72.00 WINE#1 00050756 410746 5079949 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 36.00- CMWINE#1 00050756 410747 5079949 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,169.50 LIQ#2 00050756 410734 5079950 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,298.10 LIQ#2 00050756 410735 5079951 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 10,714.65 LIQ#2 00050756 410736 5079952 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,489.79- LIQ#2 00050756 410737 5079952 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 36.00 WINE#2 00050756 410748 5079954 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 270.67 LIQ#3 00050756 410738 5079998 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 19,875.05 LIQ#3 00050756 410739 5080000 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,909.54- CMLIQ#3 00050756 410740 5080000 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 118.00 LIQ#3 00050756 410741 5080001 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,169.50 LIQ#3 00050756 410742 5080002 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,985.15 LIQ#3 00050756 410743 5080003 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 256.82 LIQ#3 00050756 410744 5080004 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 72.00 WINE#3 00050756 410750 5080006 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 63,335.06 25709 1/21/2022 147460 TRADITION WINE&SPIRITS 368.00 WINE#1 00051881 410551 29869 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 6.00 FREIGHT#1 00051881 410552 29869 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 374.00 25710 1/21/2022 100496 VAN PAPER CO 388.92 BAGS#3 00008795 410555 59891600 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 3.89- DISCT#3 00008795 410556 59891600 5095.6333 GENERAL-CASH DISCOUNTS LIQUOR#3 OPERATIONS 534.26 BAGS#1 00008795 410553 59942100 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 5.34- DISCT#1 00008795 410554 59942100 5025.6333 GENERAL-CASH DISCOUNTS LIQUOR#1 OPERATIONS 913.95 25711 1/21/20' 100498 VIKING INDUSTRIAL CENTER R55CKR2 L� 101 CITY OFAPPLL .EY 1/19/202. 4:09 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25711 1/21/2022 100498 VIKING INDUSTRIAL CENTER Continued... 23.80 SAFETY EQUIPMENT 410516 3232775 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 21.00 SAFETY EQUIPMENT 410517 3232780 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 44.80 25712 1/21/2022 122010 VINOCOPIA 146.75 WINE#3 00046257 410654 294706 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 14.00 FREIGHT#3 00046257 410655 294706 5085,6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 471.82 WINE#1 00046257 410652 295039 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 12.50 FREIGHT#1 00046257 410653 295039 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 328.00 WINE#1 00046257 410656 295436 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 56.00 TAX#1 00046257 410657 295436 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 12.50 FREIGHT#1 00046257 410658 295436 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 178.75 WINE#3 00046257 410661 295438 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 16.00 FREIGHT#3 00046257 410662 295438 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 752.00 WINE#1 00046257 410659 295833 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 14.00 FREIGHT#1 00046257 410660 295833 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 216.50 LIQ#3 00046257 410663 295834 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 136.00 WINE#3 00046257 410664 295834 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 77.00 TAX#3 00046257 410665 295834 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 12.50 FREIGHT#3 00046257 410666 295834 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,444.32 25713 1/21/2022 100520 WINE COMPANY,THE 3.30- CMFREIGHT#1 00015926 410639 192812 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,988.00 WINE#1 00015926 410640 194030 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 28.05 FREIGHT#1 00015926 410641 194030 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 995.99 WINE#3 00015926 410642 194044 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 11.55 FREIGHT#3 00015926 410643 194044 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3,020.29 25714 1/21/2022 100528 ZIEGLER INC 360.28 SANITARY#4 GENERATOR REPAIR 410521 IN000372628 5380.6215 EQUIPMENT-PARTS SEWER LIFT STN REPAIR&MNTC 360.28 25715 1/21/2022 100529 ZINCK,JAMES R 45.92 DEC MILEAGE-ZINCK 410526 20211230 5105.6277 MILEAGE/AUTO ALLOWANCE GOLF MANAGEMENT 45.92 311448 1/19/2022 100089 ADVANCE AUTO PARTS 12 24 FUEL FILTER#204 410784 1594398074 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311448 1/19/2022 100089 ADVANCE AUTO PARTS Continued... 17.14 R134A REFRIGERANT 410800 1594398641 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 17.14 R134A REFRIGERANT 410800 1594396641 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 17.14 R134A REFRIGERANT 410800 1594398641 1510.6215 EQUIPMENT-PARTS PW ENGINEERING&TECHNICAL 17.14 R134A REFRIGERANT 410800 1594398641 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 17.14 R134A REFRIGERANT 410800 1594398641 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 17.14 R134A REFRIGERANT 410800 1594398641 5345.6215 EQUIPMENT-PARTS WATER EQUIP/VEHICLE/MISC MNTC 17.15 R134A REFRIGERANT 410800 1594398641 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/RP 29.40 PLASTIC EPDXY 410771 1594398657 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 161.63 311449 1/19/2022 153995 AMAZON CAPITAL SERVICES 99.99 CARHARTT COAT-K FISHER 410479 163TR6GV461J 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 42.26 WALL SWITCH-6 HOUR(NELSON) 410518 19C4YYPKKC6W 1340.6215 EQUIPMENT-PARTS FIRE BLDG&GROUNDS MNTC 333.33 REPLACEMENT DRINKING FOUNTAIN 410497 1GYL9NPQDDFJ 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTRY 333.33 REPLACEMENT DRINKING FOUNTAIN 410497 1 GYL9NPQDDFJ 5365.6229 GENERAL SUPPLIES SEWER MGMT/REPORTS/DATA ENTRY 332.34 REPLACEMENT DRINKING FOUNTAIN 410497 1GYL9NPQDDFJ 5505.6229 GENERAL SUPPLIES STORM DRAIN MNTC/RPR/SUMPS 55.22 GEAR REPAIR RACK DRYER(NELSON) 410499 1NNLGNY6TR3N 1340.6215 EQUIPMENT-PARTS FIRE BLDG&GROUNDS MNTC 119.88 ETHERNET TESTING 410519 1XJTTFJXMNPG 2012.6211 SMALL TOOLS&EQUIPMENT CABLE TV JOINT POWERS 1,316.35 311450 1/19/2022 153846 AMPHORA IMPORTS LLC 402.00 WINE#1 00052554 410557 12034 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 6.75 FREIGHT#1 00052554 410558 12034 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 408.75 311451 1/19/2022 154253 APPLE FORD LINCOLN 102.92 PCV VALVE,02 SENSOR#921 410789 553291 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 218.05 WATER PUMP#906 410769 553440 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 24.10 GASKET#906 410767 553570 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 30.69 HOSE#906 410768 553703 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 3.28 GASKET#906 410770 553710 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 379.04 311452 1/19/2022 156167 ARAMARK 24.52 Wall Mounted First Aid Kits 410781 250000059852 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 49.02 Wall Mounted First Aid Kits 410781 250000059852 1600.6229 GENERAL SUPPLIES STREET MANAGEMENT 73.53 Wall Mounted First Aid Kits 410781 250000059852 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMENT 24.52 Wall Mounted First Aid Kits 410781 250000059852 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 24.52 Wall Mounted First Aid Kits 410781 250000059852 5365.6229 GENERAL SUPPLIES SEWER MGMT/REPORTS/DATA ENTRY 24.52 Wall Mounted First Aid Kits 410781 250000059852 '05.6229 GENERAL SUPPLIES WATER MGMT/REPO \TA ENTRY R55CKR2 LE_ 101 CITY OF APPLE _EY 1/19/202.. 4:09 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311452 1/19/2022 156167 ARAMARK Continued... 220.63 311453 1/19/2022 100747 ARAMARK UNIFORM SERVICES INC 22.44 Shop Coveralls 410541 629000215436 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 28.56 PK Coveralls 410541 629000215436 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 55.37 STR Coveralls 410541 629000215436 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 106.37 311454 1/19/2022 109954 BERRY COFFEE COMPANY 148.60 CH COFFEE 410535 878739 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 272,00 CARTRIDGE FILTERS-COFFEE POTS 410534 879755 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 68.00 CARTRIDGE FILTER 410520 880065 1250.6229 GENERAL SUPPLIES POLICE FACILITY 488.60 311455 1/19/2022 123233 BMI GENERAL LICENSING 391.00 MUSIC LICENSING 2022 410759 41891708 1700.6280 DUES&SUBSCRIPTIONS PARK&RECREATION MANAGEMENT 391.00 311456 1/19/2022 100152 BREAKTHRU BEVERAGE MIN WINE 115.17 LIQ#3 00001930 410567 342237404 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES .76 FREIGHT#3 00001930 410568 342237404 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,832.03 LIQ#3 00001930 410569 342399593 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 20.70 FREIGHT#3 00001930 410570 342399593 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 904.64 WINE#3 00001930 410599 342399594 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 10.54 FREIGHT#3 00001930 410600 342399594 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 104.30 WINE#3 00001930 410601 342399595 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 410602 342399595 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,641,05 LIQ#2 00001930 410565 342399606 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 5.75 FREIGHT#2 00001930 410566 342399606 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 88.00 WINE#2 00001930 410597 342399607 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,25 FREIGHT#2 00001930 410598 342399607 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 7,963.35 LIQ#1 00001930 410563 342399609 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 55.20 FREIGHT#1 00001930 410564 342399609 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 747.82 WINE#1 00001930 410595 342399610 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 9.58 FREIGHT#1 00001930 410596 342399610 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 180.00 LIQ#3 00001930 410590 342498517 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 410591 342498517 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 118.70 WINE#3 00001930 410613 342498518 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 44.00 TAX#3 00001930 410614 342498518 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2.30 FREIGHT#3 00001930 410615 342498518 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL N r. Page- 16 Council Check Register by Invoice&Summaryg4' 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311456 1/1912022 100152 BREAKTHRU BEVERAGE MIN WINE Continued... 128.00 WINE#3 00001930 410616 342498519 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3.45 FREIGHT#3 00001930 410617 342498519 5085.6550' FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3,101.38 LIQ#2 00001930 410582 342498530 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 29.90 FREIGHT#2 00001930 410583 342498530 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 94.35 TAX#2 00001930 410584 342498531 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 3.45 FREIGHT#2 00001930 410585 342498531 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 4,945.68 LIQ#1 00001930 410572 342498532 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 171.00- CMLIQ#1 00001930 410573 342498532 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 40.25 FREIGHT#1 00001930 410574 342498532 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1.15- CMFREIGHT#1 00001930 410575 342498532 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 162.70 WINE#1 00001930 410603 342498533 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2.30 FREIGHT#1 00001930 410604 342498533 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 108.00 WINE#1 00001930 410605 342498534 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 3.45 FREIGHT#1 00001930 410606 342498534 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4,926.22 LIQ#3 00001930 410592 342571978 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 34.50 FREIGHT#3 00001930 410593 342571978 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 4.60 FREIGHT#3 00001930 410594 342571979 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 408.00 WINE#3 00001930 410618 342571980 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 4.60 FREIGHT#3 00001930 410619 342571980 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 148.55 LIQ#2 00001930 410586 342571990 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 148.55- CMLIQ#2 00001930 410587 342571990 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,15 FREIGHT#2 00001930 410588 342571990 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1.15- CMFREIGHT#2 00001930 410589 342571990 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 449.20 WINE#2 00001930 410609 342571991 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 4.60 FREIGHT#2 00001930 410610 342571991 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 224,00 WINE#2 00001930 410611 342571992 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 3.45 FREIGHT#2 00001930 410612 342571992 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 52.00 WINE#1 00001930 410607 342571994 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1.15 FREIGHT#1 00001930 410608 342571994 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,496.30 LIQ#1 00001930 410576 342571995 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 148.55- CMLIQ#1 00001930 410577 342571995 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 10.35 FREIGHT#1 00001930 410578 342571995 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1.15- CMFREIGHT#1 00001930 410579 342571995 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4.60 FREIGHT#1 00001930 410580 342571996 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 65.15- CMWINE#3 00001930 410620 360383352 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 21.86- CMLIQ#3 00001930 410571 360672366 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 15.11- CMLIQ#1 00001930 410581 360724726 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 30,669.95 311457 1119/20 150835 BROWNING,RYAN R55CKR2 Lt.. 101 CITY OF APPLE .EY 1/19/202. 4:09 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO_# Doc No Inv No Account No Subledger Account Description Business Unit 311457 1/19/2022 150835 BROWNING,RYAN Continued... 59.48 2 PR JEANS-R BROWNING 410527 20211225 5105.6281 UNIFORM/CLOTHING ALLOWANCE GOLF MANAGEMENT 59,48 311458 1/19/2022 126892 CARLOS CREEK WINERY 468.00 WINE#3 00051800 410621 22494 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 468.00 311459 1/1912022 100282 CINTAS CORPORATION 42.32 CMF MATS 410501 4107058572 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 118.70 BUILDING FLOOR RUGS 410478 4107058591 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER .46- IA2 SALES TAX ADJUST 410765 4107058621 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA 2 BLDG MAINTENANCE-HAYES .46 IA2 SALES TAX ADJUST 410765 4107058621 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 6.86 HAYES ENTRANCE MATS 410765 4107058621 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA 2 BLDG MAINTENANCE-HAYES .86- IA1 SALES TAX ADJUST 410766 4107058639 5210.6240 CLEANING SERVICE/GARBAGE REMOVARENA 1 BUILDING MAINTENANCE .86 IA1 SALES TAX ADJUST 410766 4107058639 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 12.86 AVSA ENTRANCE MATS 410766 4107058639 5210.6240 CLEANING SERVICE/GARBAGE REMOVARENA 1 BUILDING MAINTENANCE 3.84 RUG SERVICE 410477 4107058643 1920.6240 CLEANING SERVICE/GARBAGE REMOVSENIOR CENTER 17.00 TOWELS,AIR FRESHENERS, 410542 4107239761 2215.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 79.00 MATS 410542 4107239761 2215.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 150.22 LINENS 410542 4107239761 2270.6240 CLEANING SERVICE/GARBAGE GOLF FOOD&BEVERAGE 430.80 311460 1/19/2022 100123 DAKOTA COUNTY FINANCIAL SERVIC 25.65 DBB LOCATE EXPENSES 410484 42634 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 25.65 311461 1/19/2022 123324 DAMA METAL PRODUCTS INC 1,910.00 KEYBOXES&MOUNTS(5) 410495 15844 1320,6229 GENERAL SUPPLIES FIRE PREVENTION 1,910.00 311462 1/19/2022 145921 DATA PRACTICES OFFICE 250.00 LE DATA WORKSHOP-MELLESMOEN 410525 682515 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 250.00 311463 1/19/2022 100777 DEX MEDIA EAST LLC 26.62 WEST METRO AD-JAN 410550 110115110JAN22 2205.6239 PRINTING GOLF MANAGEMENT 26.62 311464 1/19/2022 156111 DOSTAL,THOMAS 70.00 2 PR PANTS-T DOSTAL 410528 20211202 5105.6281 UNIFORM/CLOTHING ALLOWANCE GOLF MANAGEMENT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311464 1/19/2022 156111 DOSTAL,THOMAS Continued... 70.00 311465 1/19/2022 120698 DURAND MANUFACTURING 175.00 REPAIRS-ATTACHMENTS 410512 29896 1610.6265 REPAIRS-EQUIPMENT STREET/BOULEVARD REPAIR&MNTC 175.00 311466 1/19/2022 157005 ERB,FRANCES 79.85 UB REFUND 14377 EUROPA AVE 410529 20220112E 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 79.85 311467 1/19/2022 100827 GRAPE BEGINNINGS INC 426.00 WINE#1 00032379 410628 106214 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 9,00 FREIGHT#1 00032379 410629 106214 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 462,00 LIQ#3 00032379 410630 106367 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,173.00 WINE#3 00032379 410631 106367 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 20.25 FREIGHT#3 00032379 410632 106367 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 283.50 WINE#1 00032379 410633 106920 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4.50 FREIGHT#1 00032379 410634 106920 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 648.00 WINE#2 00032379 410635 106934 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 13,50 FREIGHT#2 00032379 410636 106934 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3,039.75 311468 1/19/2022 157004 HARTMAN,ROBIN 120.24 UB REFUND 15740 GRIFFON PATH 410764 20220112D 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 120.24 311469 111912022 157003 HESS,ADRIENNE 91.04 UB REFUND 8435 144TH ST W 410763 20220112C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 91.04 311470 1/19/2022 151748 HOMELAND HEALTH SPECIALISTS,INC. 1,030.20 INFLUENZA VACCINATIONS(22) 410496 16044 1330.6235 CONSULTANT SERVICES FIRE OPERATIONS 1,030.20 311471 1/19/2022 101401 IAAP 150.00 MEMBERSHIP DUES-PERKINS 410480 300045647 1700.6280 DUES&SUBSCRIPTIONS PARK&RECREATION MANAGEMENT 150.00 311472 1/19/2022 100255 JOHNSON BROTHERS LIQUOR 517.00 LIQ#1 00000109 410751 1964111 ')15.6510 LIQUOR LIQUOR#1 STOCK P1'""'HASES R5SCKR2 LC_ 101 CITY OF APPLE .CY 1/19/202� r:09 Council Check Register by GL Page- 19 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311472 1/19/2022 100255 JOHNSON BROTHERS LIQUOR Continued... 1.824.00 LIQ#1 00000109 410752 1964112 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 564.00 LIQ#2 00000109 410753 1964113 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 960.00 LIQ#2 00000109 410754 1964114 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,237.00 LIQ#3 00000109 410755 1964115 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 560.00 LIQ#3 00000109 410756 1964116 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 5,662.00 311473 1/19/2022 157007 LE,MINHTHU 206.41 UB REFUND 12492 EMPRESS CT 410532 20220112F 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 206.41 311474 1/1912022 116371 LOFFLER COMPANIES INC(CONT I 733.00 WIDE FORMAT PRINTER INK 410482 3854390 1400.6265 REPAIRS-EQUIPMENT INSPECTIONS MANAGEMENT 733.00 311475 1/1912022 100309 MENARDS 58.98 FOR INSTALLATION OF MINODS 410513 29168 5310.6211 SMALL TOOLS&EQUIPMENT WATER METER RPR/REPLACE/READNC 23.97 REDWOOD DRAIN CLEANING 410507 29172 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 39.42 SOAP CMF 410509 29207 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 122.37 311476 1/19/2022 152500 MIX,DAVID 51.00 CLASS A LICENSE REIMBURSEMENT 410503 20220106 1610.6275 SCHOOLS/CONFERENCES/EXP LOCAL STREET/BOULEVARD REPAIR&MNTC 51.00 311477 1119/2022 100334 MN DEPT OF HEALTH 35.00 CFPM CERTIFICATE-CAVEN 410538 20220113 2270.6275 SCHOOLS/CONFERENCES/EXP LOCAL GOLF FOOD&BEVERAGE 35.00 CFPM CERTIFICATE-I.MONTOYA 410538 20220113 2270.6275 SCHOOLS/CONFERENCES/EXP LOCAL GOLF FOOD&BEVERAGE 35.00 CFPM CERTIFICATE-A.MONTOYA 410538 20220113 2270.6275 SCHOOLS/CONFERENCES/EXP LOCAL GOLF FOOD&BEVERAGE 105.00 311478 1/19/2022 145070 MN HOCKEY DISTRICT 8 185.00 ADVERTISING 410524 20211118 2205.6239 PRINTING GOLF MANAGEMENT 185.00 311479 1/19/2022 155164 MN OCCUPATIONAL HEALTH 102.00 DOT TESTING 410522 385870C 5305.6235 CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTRY 448.00 PRE EMPLOYMENT SCREENING 410492 385870D 1200.6235 CONSULTANT SERVICES POLICE MANAGEMENT 550.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 20 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311480 1/19/2022 100995 NAPA AUTO PARTS Continued... 15.80 FORD TRUCK OIL FILTERS 410783 5763849808 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 9.48 HOLDER OIL FILTERS 410782 5763850303 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 25.28 311481 1/19/2022 157002 NORMANDEAU,TEIJA 16.72 UB REFUND 8364 140TH ST W 410531 20220112B 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 16.72 311482 1/1912022 156974 NORTHWESTERN UNIVERSITY CENTER FOR PUBLI 470.00 POLICE COMMAND-GERVING 410498 19195 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 470,00 311483 1/19/2022 155678 O'NEIL,TAD 32.00 WATER EXAM FEE-ONEIL 410505 20211228 5305.6280 DUES&SUBSCRIPTIONS WATER MGMT/REPORT/DATA ENTRY 45.00 TAD WATER LICENSE 410504 20220107 5305.6280 DUES&SUBSCRIPTIONS WATER MGMT/REPORT/DATA ENTRY 77.00 311484 1/19/2022 100372 PAUSTIS&SONS 150.00 WINE#3 00001291 410671 150834 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1.25 FREIGHT#3 00001291 410672 150834 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,617.00 WINE#1 00001291 410667 151175 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 20.00 FREIGHT#1 00001291 410668 151175 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 96.00 WINE#2 00001291 410669 151293 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1.25 FREIGHT#2 00001291 410670 151293 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 908.00 WINE#3 00001291 410673 151306 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 13.75 FREIGHT#3 00001291 410674 151306 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 312.00 WINE#1 00001291 410675 152124 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 3.75 FREIGHT#1 00001291 410676 152124 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,758.00 WINE#3 00001291 410679 152505 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 22.50 FREIGHT#3 00001291 410680 152505 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,021.00 WINE#1 00001291 410677 152544 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 13.75 FREIGHT#1 00001291 410678 152544 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 5,938.25 311485 1/19/2022 151932 RED WING BUSINESS ADVANTAGE ACCOUNT 173.99 BOOTS-SEE CREDIT 844196 410486 724191836 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 173,99- BOOTS-CREDIT FOR PID 844192 410487 724191837 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 200.00 BOOTS-J SLUITER 410490 724191993 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 192.40 BOOTS-J JACOBS 410489 724192172 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 30.00 INSOLES-C BREITUNG 410488 724192377 '55.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPO' ')ATA ENTRY R55CKR2 LC 01 CITY OF APPLE ,EY 1/19/202k ::09 Council Check Register by GL Page- 21 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311485 111912022 151932 RED WING BUSINESS ADVANTAGE ACCOUNT Continued... 422.40 311486 1119/2022 151754 SCHILLING,WENDY 231.90 UB REFUND 15977 GALLANT CT 410530 20220112A 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 231.90 311487 1/19/2022 137298 SCHINDLER ELEVATOR CORPORATION 310.45 2021 ELEVATOR INSPECTION 410511 7153410472 5110_6249 OTHER CONTRACTUAL SERVICES GOLF CLUBHOUSE BUILDING 310.45 311488 1/19/2022 100478 SECURITAS ELECTRONIC SECURITY INC 195.00 ALARM SYSTEM SERVICE CALL. 410485 2419641 1900.6269 REPAIRS-OTHER AV COMMUNITY CENTER 195.00 311489 1/19/2022 157009 SHAUGHNESSY,JOYCE 13.97 UB REFUND 13364 HUGHES CT 410760 202201121 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 13-97 311490 1/19/2022 118355 SHI INTERNATIONAL CORP 126,982.95 MICROSOFT LICENSING 410483 B14565968 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 126,982.95 311491 1/1912022 157008 SIKICH,KAY 15.86 UB REFUND 13969 FINDLAY CT 410761 20220112H 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 15.86 311492 1/19/2022 100476 TOWN&COUNTRY GLASS 307.72 WINDSHIELD REPAIR#402 410780 63371 5390.6265 REPAIRS-EQUIPMENT SWR EQUIP/VEHICLE MISC MNTC/RP 307.72 311493 1/19/2022 100631 VERIZON WIRELESS 40.01 IA1 WIRELESS DATA IPADS 410523 9896592363 5250.6237 TELEPHONE/PAGERS ARENA 1 CONCESSIONS 40.01 UTIL WIRELESS DATA(PADS 410523 9896592363 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 80.02 311494 1119/2022 157006 WADE,PAUL 34.21 UB REFUND 14732 DURHAM CT 410762 20220112G 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 34.21 311495 1119/2022 100521 WINE MERCHANTS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 22 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311495 1/19/2022 100521 WINE MERCHANTS Continued... 801.05 WINE#1 00022992 410644 7362830 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 335.00 WINE#3 00022992 410648 7362831 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 420.00 WINE#2 00022992 410645 7362833 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,953.00 WINE#3 00022992 410647 7362834 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 443.09 WINE#1 00022992 410649 7364404 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 216.00 WINE#2 00022992 410650 7364405 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 604.78 WINE#3 00022992 410651 7364406 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 160.00- CMWINE#3 00022992 410646 739631 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5,612.92 20211148 11/22/2021 120679 U S BANK P CARD 15.99 SPARTAN CAMERA DATA 409528 240113413160000 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 26138341 Supplier 155691 SPARTAN CAMERA(PCARD) 59.99 1 SWEATSHIRTS-J MILLER 409545 240552213190830 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 28734935 129.98 2 SWEATSHIRTS-R ZELLMER 409545 240552213190830 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 28734935 239.97 2 SWEATSHIRTS OVERALLS-DELUNA 409545 240552213190830 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 28734935 59.99 1 SWEATSHIRTS-K FISHER 409545 240552213190830 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 28734935 89.99 BIB OVERALLS-K FISHER 409545 240552213190830 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 28734935 Supplier 101143 GEMPLER'S INC(PCARD) 1,347.03 PHONE SYSTEM PRI LINES NOV 409557 240552313190833 1030.6237 TELEPHONE/PAGERS INFORMATION TECHNOLOGY 07952108 Supplier 155769 FRONTIER ONLINE(PCARD) 9.08 FUEL FOR 4995 PUMP 409538 241374613210014 1330.6212 MOTOR FUELS/OILS FIRE OPERATIONS 24181857 Supplier 145769 SPEEDWAY(PCARD) 16.35 NON OXY GAS 409558 241640713226910 5508.6229 GENERAL SUPPLIES PONDS 05273057 Supplier 103023 KWIK TRIP INC(PCARD) 35 99 SOFTWARE SUBSCRIPTION 409539 242042913210002 1200.6280 DUES&SUBSCRIPTIONS POLICE MANAGEMENT 61883756 Supplier 141272 MAILCHIMP(PCARD) 109.00 NORTHERN GREEN EXPO-DOSTAL 410062 242476013212001 5100.1560 PREPAID EXPENSES GOLF FUND BALANCE SHEET 48797778 109.00 NORTHERN GREEN EXPO-BROWNING 410062 242476013212001 )0.1560 PREPAID EXPENSES GOLF FUND BALANC -ET R55CKR2 L( 101 CITY OF APPLE _EY 1/19/202', 4:09 Council Check Register by GL Page- 23 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20211148 11/22/2021 120679 U S BANK P CARD Continued... 48797778 Supplier 153126 MN NURSURY&LANDSCAPE(PCARD) 6.07- IA1 SALES TAX ADJUST 409543 242707413199000 5215.6215 EQUIPMENT-PARTS ARENA 1 EQUIPMENT MAINTENANCE 12557046 6,07 IA1 SALES TAX ADJUST 409543 242707413199000 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 12557046 91.22 AVSA SCRUBBER HOSE 409543 242707413199000 5215.6215 EQUIPMENT-PARTS ARENA 1 EQUIPMENT MAINTENANCE 12557046 Supplier 150847 USA CLEAN INC(PCARD) 10.90 HALF DAY DAY CAMP 409549 244273313097302 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 72824586 Supplier 148071 CUB FOODS(PCARD) 12.69 TRAINING FOOD-GERVING 409559 244273313147100 1225.6275 SCHOOLS/CONFERENCES/EXPLOCAL POLICE TRAINING 25121921 Supplier 145193 CHICK-FIL-A(PCARD) 5.97 PS GEN 409550 244273313217302 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 61956302 19.80 NOV LL 409550 244273313217302 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 61956302 29.13 NOV CHEFS 409550 244273313217302 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 61956302 Supplier 148071 CUB FOODS(PCARD) 326.35 FLOOR SCRUBBER RENTAL 409554 244310613212862 5110.6310 RENTAL EXPENSE GOLF CLUBHOUSE BUILDING 36700017 Supplier 154452 SUNBELT RENTALS(PCARD) 12.00 XMAS KITS 409551 244450013100009 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 07176610 Supplier 120473 DOLLAR TREE STORES,INC.(PCARD) .86- REC SALES TAX ADJUST 409552 244450013124002 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 00633804 .86 REC SALES TAX ADJUST 409552 244450013124002 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 00633804 12.86 XMAS KITS 409552 244450013124002 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 00633804 25.37 LIFE SNACKS INVENTORY 409527 244450013144001 7203.6398 LIFE SNACKS CITY WELLNESS PROGRAM 88552438 Supplier 102101 WAL-MART(PCARD) 20.00 NEIGHBORHOOD MEETING ITEMS 410075 244450013214001 2027.6229 2022107G GENERAL SUPPLIES ROAD ESCROW 74862552 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 24 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20211148 11/22/2021 120679 U S BANK P CARD Continued... 23,97 NEIGHBORHOOD MEETING ITEMS 410075 244450013214001 2027.6229 2022101G GENERAL SUPPLIES ROAD ESCROW 74862552 Supplier 149714 SAMS CLUB(PCARD) 64.01 SAFETY MEETING LUNCH 409524 244450013230008 1020.6399 OTHER CHARGES HUMAN RESOURCES 82240196 Supplier 101368 PAPA JOHNS PIZZA(PCARD) 18.53- POL SALES TAX ADJUST 409530 244921513118528 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 17184744 18.53 POL SALES TAX ADJUST 409530 244921513118528 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 17184744 278.53 BATTERIES 409530 244921513118528 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 17184744 Supplier 145089 BATTERY JUNCTION(PCARD) 45.00 K9 TRAINING VIDEO BERGIL 410549 244921513148949 1281.6211 SMALL TOOLS&EQUIPMENT POLICE K-9 56415601 Supplier 139988 PAYPAL(PCARD) 68.75 WHITE ROUND TABS,CASE 409535 244939813162079 1920.6229 GENERAL SUPPLIES SENIOR CENTER 18900023 Supplier 156108 MAILINGSUPPLIES.COM(PCARD) 268.92 3 PLUMBING CODE BOOKS 409534 246392313139000 1400.6229 GENERAL SUPPLIES INSPECTIONS MANAGEMENT 19469801 Supplier 150597 IAPMO(PCARD) 62.87 ADVERTISING 409553 246921613111000 5105.6239 PRINTING GOLF MANAGEMENT 82000816 Supplier 148619 FACEBOOK INC(PCARD) 822.80 FINAL PB SHELTER PERMIT 409556 246921613141000 4002.6399 2021116P OTHER CHARGES MUNICIPAL BUILDINGS 67930877 Supplier 149588 APPLE VALLEY,CITY OF(PCARD) 157.85 BOWL SANTA SUPPLIES 409548 246921613151008 1800.6229 GENERAL SUPPLIES REC PROGRAM GENERAL 59765803 Supplier 140339 AMAZON.COM(PCARD) 14.61 NEW OFFICER NAME PLATE 409529 246921613161001 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 23292484 Supplier 148998 LAKEVILLE TROPHY(PCARD) 369.48 ANNUAL SUBSCRIPTION-MAYOR 409544 246921613161002 1035.6350 BANK FEES/CHARGES FINANCE 08238519 Supplier 156896 NORTON(PCARD) 26.90 NOTARY STAMP-GACKSTETTER 409542 246921613161004 1015.6229 GENERAL SUPPLIES CITY CLERK/ELECTIONS 31013556 Supplier R55CKR2 LG— _i01 CITY OF APPLE EY 1/19/207 :09 Council Check Register by GL Page- 25 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20211148 11/22/2021 120679 U S BANK P CARD Continued... 138345 AMERICAN ASSOCIATION OF NOTARIES(PCARD) 24.59- AVCC SALES TAX ADJUST 409536 246921613201007 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 33592582 24.59 AVCC SALES TAX ADJUST 409536 246921613201007 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 33592582 369.83 SIGN HOLDERS 409536 246921613201007 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 33592582 Supplier 152128 DISPLAYS2GO(PCARD) 33.98 BOWL SANTA SUPPLIES 409547 246921613221003 1800.6229 GENERAL SUPPLIES REC PROGRAM GENERAL 21498745 Supplier 140339 AMAZON.COM(PCARD) 139.00 DRILLS FOR SHOP 409537 246921613221004 1610.6211 SMALL TOOLS&EQUIPMENT STREET/BOULEVARD REPAIR&MNTC 28551933 Supplier 100362 NORTHERN TOOL&EQUIPMENT(PCARD) 75.00 KLINE DMT 409546 247170513101231 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 05477733 Supplier 150045 BCA TRAINING EDUCATION(PCARD) 120.00 NOTARY RENEWAL-MARTHEY 409541 247170513157331 1015.6280 DUES&SUBSCRIPTIONS CITY CLERK/ELECTIONS 53158392 Supplier 149995 SECRETARY OF STATE(PCARD) 20.00 DAKOTA COUNTY NOTARY-STEWART 409526 247170513201232 1020.6280 DUES&SUBSCRIPTIONS HUMAN RESOURCES 01338944 Supplier 156894 DAKOTACOMN WSC SLC(PCARD) .50 DAKOTA COUNTY NOTARY REGISTER 409525 247170513201532 1020.6280 DUES&SUBSCRIPTIONS HUMAN RESOURCES 07036457 Supplier 156893 DAKOTACOMN ADC SERVICEFEE(PCARD) 315.00 CEAM CONF-SCHEIDT 410076 248019913210300 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 24552564 315.00 CEAM CONF-ANDERSON 410076 248019913210300 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 24552564 315.00 CEAM CONF-SAAM 410076 248019913210300 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 24552564 Supplier 156895 GTS EDUCATIONAL EVENTS(PCARD) 2.14- CABLE SALES TAX ADJUST 409540 249064113141340 2012.6280 DUES&SUBSCRIPTIONS CABLE TV JOINT POWERS 12435568 2.14 CABLE SALES TAX ADJUST 409540 249064113141340 2010.2330 DUE TO OTHER GOVERNMENT CABLE TV RESERVE BALANCE SHEET 12435568 32.14 CCC SUBSCRIPTION 409540 249064113141340 2012.6280 DUES&SUBSCRIPTIONS CABLE TV JOINT POWERS 12435568 Supplier R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 Council Check Register by GL Page- 26 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account•No Subledger Account Description Business Unit 20211148 11/22/2021 120679 U S BANK P CARD Continued... 155687 CARBONCOPYCLONE(PCARD) 131.04- FLOOR SCRUBBER RENTAL CREDIT 409555 744310613222862 5110.6310 RENTAL EXPENSE GOLF CLUBHOUSE BUILDING 36800019 Supplier 154452 SUNBELT RENTALS(PCARD) 560.00- REFUND REGISTRATION-BERGMAN 409532 744921513148529 1005.6276 SCHOOLS/CONFERENCES/EXP OTHERMAYOR/CITY COUNCIL 51324421 560.00- REFUND REGISTRATION-GRENDAHL 409533 744921513148529 1005.6276 SCHOOLS/CONFERENCES/EXP OTHERMAYOR/CITY COUNCIL 51334636 155.00- REFUND SPOUSE REG-BERGMAN 409531 744921513148529 1005.6276 SCHOOLS/CONFERENCES/EXP OTHERMAYOR/CITY COUNCIL 51407846 Supplier 148105 NAIL LEAGUE OF CITIES(PCARD) 5,321.75 20220115 1/21/2022 102664 US BANK 697.05 EMPLOYEE MEDICARE 410118 111221536565 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 697.05 CITY SHARE MEDICARE 410118 111221536565 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 2,676.38 FEDERAL TAXES PR 410118 111221536565 9000,2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 4,070.48 20220116 1/21/2022 100657 MN DEPT OF REVENUE 1,523.42 STATE TAX WITHHOLDING 410117 111221536564 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 1,523.42 20220117 1/20/2022 100038 APPLE VALLEY FIREFIGHTERS RELI 1,155.00 FIRE RELIEF DUES 410114 111221536561 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,155.00 20220118 1/20/2022 151440 VANTAGEPOINT TRANSFER AGENTS 350.00 ROTH 457-PLAN#301171-FIRE TOO 410119 111221536566 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 350.00 20220119 1/20/2022 100240 VANTAGEPOINT TRANSFER AGENTS-457 FT 200.00 ICMA-PLAN#301171-FIRE TOO 410115 111221536562 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 200.00 20220120 1120/2022 100241 VANTAGEPOINT TRANSFER AGENTS-457 PT 2,500.56 ICMA-PLAN#306561-FIRE ONLY 410116 111221536563 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,500.56 20220121 1/16/202" 101671 MN DEPT OF REVENUE R55CKR2 LG 101 CITY OF APPLE .EY 1/19/202. .:09 Council Check Register by GL Page- 27 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20220121 1/16/2022 101671 MN DEPT OF REVENUE Continued... 6.48 DIESEL TAX-TRAFFIC SIGNS 410476 20220116 1680.6212 MOTOR FUELS/OILS TRAFFIC SIGNS/SIGNALS/MARKERS 117,68 DIESEL TAX-PARKS 410476 20220116 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 1,190.00 DIESEL TAX-STREETS 410476 20220116 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 9.67 DIESEL TAX-WATER 410476 20220116 5345.6212 MOTOR FUELS/OILS WATER EQUIPNEHICLE/MISC MNTC 17.67 DIESEL TAX-SEWER 410476 20220116 5390.6212 MOTOR FUELS/OILS SWR EQUIP/VEHICLE MISC MNTC/RP 1.341,50 20220122 1/19/2022 100656 MN DEPT OF COMMERCE 42.11 UNCL PROP-PAYROLL CK#100154 410545 100154 1001.5399 OTHER MISCELLANEOUS REVENUE GENERAL FUND REVENUE 107.68 UNCL PROP-PAYROLL CK#100229 410547 100229 1001.5399 OTHER MISCELLANEOUS REVENUE GENERAL FUND REVENUE 56.30 UNCL PROP-PAYROLL CK#100288 410546 100288 1001.5399 OTHER MISCELLANEOUS REVENUE GENERAL FUND REVENUE 162.75 UNCL PROP-PAYROLL CK#100316 410544 100316 1001.5399 OTHER MISCELLANEOUS REVENUE GENERAL FUND REVENUE 213.35 UB REFUND 6429 157TH ST W 314778 20170803E 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE Supplier 120436 EST OF ROBERT BARTH 55.19 UB REFUND 15659 FLIGHT LN 316884 20170907C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE Supplier 151470 LAUGHLIN,PHIL 83.69 UB REFUND 15815 GRIFFON PATH 320729 20171117C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE Supplier 151711 BEVERIDGE,JOHN 18.78 UB REFUND 7270 UPPER 157TH ST 320726 20171117F 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE Supplier 151708 REINVESTING LLC 20.98 UB REFUND 5111 148TH ST W 321454 20171201 C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE Supplier 151765 COLE,PHOEBE 12.63 UB REFUND 12002 SAFARI PASS 321891 20171204J 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE Supplier 151773 SWENSON,BRADLEY 32.10 UB REFUND 15899 HARWELLAVE 327701 20180315D 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE Supplier 152061 BRUECKNER,ARMIN 65.51 UB REFUND 99 HIDDEN MEADOW RD 332328 20180607C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE Supplier 152352 RIZVI,SAMAANA 1.50 ONLIME PMT SERVICE FEE 410548 20220119 1001.5399 OTHER MISCELLANEOUS REVENUE GENERAL FUND REVENUE 775.00 BATTERIES FOR SPEED SIGNS 333526 SIN020437 1685.6215 EQUIPMENT-PARTS STREET MARKING&TRAFFIC CONTR Supplier 148541 ALL TRAFFIC SOLUTIONS 165.50 STAFF UNIFORMS-SHIRTS 324767 TM71588 1700.6281 UNIFORM/CLOTHING ALLOWANCE PARK&RECREATION MANAGEMENT Supplier 151814 TEAM MATES INC 1,813.07 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/19/2022 11:04:09 . Council Check Register by GL Page- 28 Council Check Register by Invoice&Summary 11/22/2021-- 1/21/2022 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20220114 1/11/2022 156146 US BANK-ETRANS 300,000.00 PURCHASE BASALT CO 2022A 410475 69748BH3 2000.1008 INVESTMENTS INVESTMENT FUND BALANCE SHEET 300,000.00 20220123 116/2022 156146 US BANK-ETRANS 275,000.00 PURCHASE BASALT CO 2022A 410757 69746BJ9 2000.1008 INVESTMENTS INVESTMENT FUND BALANCE SHEET 275,000.00 20220124 1/4/2022 156146 US BANK-ETRANS 540,000.00 PURCHASE GRAFTON WI 410758 384540LN8 2000.1008 INVESTMENTS INVESTMENT FUND BALANCE SHEET 540,000.00 1,567,126.15 Grand Total Payment Instrument Totals Checks 190,418.38 EFT Payments 1,133,275.78 A/P ACH Payment 243,431.99 Total Payments 1,567,126.15 `C71L 1 2°9 9' vv Fr/4 0 rg R55CKS2 L( , 100 CITY OF APPLE EY 1/19/202. 14 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 11/22/2021 - 1/21/2022 Company Amount 01000 GENERAL FUND 160,128.10 02000 INVESTMENT FUND 1,115,000.00 02010 CABLE TV RESERVE FUND 152.02 02025 ROAD ESCROW FUND 43.97 02090 PARTNERS IN EDUCATION 3,506.11 02095 CENTRAL VILLAGE PARKING LOT 1,842.29 02200 VALLEYWOOD GOLF FUND 1,333.84 04000 MUNICIPAL BUILDING FUND 822.80 05000 LIQUOR FUND 133,791.64 05100 GOLF FUND 2,809.14 05200 ARENA FUND 11,837.52 05300 WATER&SEWER FUND 85,484.93 05500 STORM DRAINAGE UTILITY FUND 2,742.65 05600 CEMETERY FUND LEVEL PROGRAM 112,53 05800 STREET LIGHT UTIL FUND 37,693.78 07200 RISK MANAGEMENT/INSURANCE FUND 25.37 09000 PAYROLL CLEARING FUND 9,799.46 Report Totals 1,567,126.15 R55CKR2 L._,5101 CITY OFAPPL _LEY 1/26/20, 45:26 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25716 1/28/2022 155911 5 STAR INSPECTIONS INC 24,141.44 5 STAR DECEMBER 2021 BILLING 411190 20211231 1445.6243 ELECTRICAL PERMIT FEES INSPECTIONS ELECTRICAL 24,141.44 25717 1/28/2022 100101 ACE HARDWARE 2.51- DISCOUNT 410923 101310939961 1340.6333 GENERAL-CASH DISCOUNTS FIRE BLDG&GROUNDS MNTC 25,17 BLEACH&MOPSTICK(OSLOS) 410923 101310939961 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC .47- DISCOUNT 410924 101310939991 1340.6333 GENERAL-CASH DISCOUNTS FIRE BLDG&GROUNDS MNTC 4.74 NUTS&BOLTS 410924 101310939991 1340.6215 EQUIPMENT-PARTS FIRE BLDG&GROUNDS MNTC 6.79- DISCOUNT 411221 101310940231 1330.6333 GENERAL-CASH DISCOUNTS FIRE OPERATIONS 67.96 SHOVEL(E3) 411221 101310940231 1330.6211 SMALL TOOLS&EQUIPMENT FIRE OPERATIONS 1.49- DISCOUNT 411220 101310940251 1340.6333 GENERAL-CASH DISCOUNTS FIRE BLDG&GROUNDS MNTC 14.99 LOTION FOR STATION(ELVIN) 411220 101310940251 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 3.39- DISCOUNT 411222 101310940331 1340.6333 GENERAL-CASH DISCOUNTS FIRE BLDG&GROUNDS MNTC 33.97 BAGS(OSLOS) 411222 101310940331 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 3.59- DISCOUNT 411225 101370939261 1210.6333 GENERAL-CASH DISCOUNTS POLICE FIELD OPERATIONS/PATROL 66.56 CLEANING SUPPLIES 411225 101370939261 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 1.14- DISCOUNT 411166 101400940341 5310.6333 GENERAL-CASH DISCOUNTS WATER METER RPR/REPLACE/READNC 11.48 DC REPEATER 411166 101400940341 5310.6229 GENERAL SUPPLIES WATER METER RPR/REPLACE/READNC 205.49 25718 1/28/2022 150442 ADVANCED ENGINEERING&ENVIRO 1,768.00 SCADA PROGRAMMING WTP 411243 78566 5325.6249 OTHER CONTRACTUAL SERVICES WATER TREATMENT FCLTY MNTC/RPR 615.00 WATER MODELING 410964 78576 2027.6235 2022101G CONSULTANT SERVICES ROAD ESCROW 2,383.00 25719 1/28/2022 114540 ALEX AIR APPARATUS INC 156.25 AFS1 AIR QUALITY TEST 410858 4938 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 156.25 AFS2 AIR QUALITY TEST 410859 4939 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 156.25 AFS3 AIR QUALITY TEST 410857 4940 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 468.75 25720 1/28/2022 100389 ALPHAGRAPHICS 24.50- REC SALES TAX ADJUST 411233 117998 1820.6229 GENERAL SUPPLIES REC CULTURAL PROGRAMS 24.50 REC SALES TAX ADJUST 411233 117998 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 329.75 MWF BANNER 411233 117998 1820.6229 GENERAL SUPPLIES REC CULTURAL PROGRAMS 329.75 25721 1/28/2022 100609 ASPEN EQUIPMENT CO 1,498.20 WESTERN PLOW CUTTING EDGES(3) 410893 10234573 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 366.77 PLOW LIGHT&LIFT CHAINS#325 410947 10234938 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25721 1/28/2022 100609 ASPEN EQUIPMENT CO Continued... 51.52 PLOW STAND#408 410978 10235080 5345.6215 EQUIPMENT-PARTS WATER EQUIP/VEHICLE/MISC MNTC 1,916.49 25722 1128/2022 150708 AVOLVE SOFTWARE CORP 3,510.00 AVOLVE UPGRADE TO 9.2 -2022 409489 6638 1400.6211 SMALL TOOLS&EQUIPMENT INSPECTIONS MANAGEMENT 1,100.00 AVOLVE UPGRADE TO 9.2 -2022 409490 6639 1400.6211 SMALL TOOLS&EQUIPMENT INSPECTIONS MANAGEMENT 2,250.00 PROJECTDOX UPGRADE 2022 409491 6640 1400.6211 SMALL TOOLS&EQUIPMENT INSPECTIONS MANAGEMENT 3,510.00- AVOLVE UPGRADE CREDIT FOR'21 409203 6695 1400.6211 SMALL TOOLS&EQUIPMENT INSPECTIONS MANAGEMENT 1,100.00- AVOLVE UPGRADE CREDIT FOR'21 409201 6696 1400.6211 SMALL TOOLS&EQUIPMENT INSPECTIONS MANAGEMENT 2,250.00- PROJECTDOX CREDIT FOR'21 409202 6697 1400.6211 SMALL TOOLS&EQUIPMENT INSPECTIONS MANAGEMENT 3,510.00 AVOLVE 9.2 UPGRADE 410955 6758 1400.6211 SMALL TOOLS&EQUIPMENT INSPECTIONS MANAGEMENT 1,100.00 AVOLVE 9.2 UPGRADE 410956 6759 1400.6211 SMALL TOOLS&EQUIPMENT INSPECTIONS MANAGEMENT 2,250.00 AVOLVE 9.2 UPGRADE 410957 6760 1400.6211 SMALL TOOLS&EQUIPMENT INSPECTIONS MANAGEMENT 6,860.00 25723 1/28/2022 152535 BIRCH TREE CARE 81,994.50 '21 ASH TREE 3RD BATCH PMT#1 411241 36251 1520.6249 2021156G OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 81.994 50 25724 1/2812022 101562 CDW GOVERNMENT INC 993.16 FIBER EQUIP.WELL CONNECTION 410884 Q173965 5305.6735 CAPITAL OUTLAY-OTHER IMPROVEME WATER MGMT/REPORT/DATA ENTRY 1,102.72 FIBER EQUIP.WELL CONNECTION 410883 Q199067 5305.6735 CAPITAL OUTLAY-OTHER IMPROVEME WATER MGMT/REPORT/DATA ENTRY 74.35 FIBER NETWORK CABLING 410855 Q258206 5305.6735 CAPITAL OUTLAY-OTHER IMPROVEME WATER MGMT/REPORT/DATA ENTRY 2,170.23 25725 1/28/2022 155897 CLARKS GROVE-WASECA VETERINARY CLINIC LL 25.16- POL SALES TAX ADJUST 410938 504830 1281.6235 CONSULTANT SERVICES POLICE K-9 25.16 POL SALES TAX ADJUST 410938 504830 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 539.40 CHECK UP/MEDS K9 BERGIL 410938 504830 1281.6235 CONSULTANT SERVICES POLICE K-9 539.40 25726 1/28/2022 100100 CNH ARCHITECTS 7.485_19 SCHEMATIC DESIGN 410930 2186 4422.6235 2021170G CONSULTANT SERVICES '21 FACILITIES CIP 7,485.19 25727 1/28/2022 148717 COVERT TRACK GROUP INC 600.00 NEW COVERT TRACKER DUES 411231 47797 1215.6280 DUES&SUBSCRIPTIONS POLICE DETECTIVE UNIT 1,114.00 NEW COVERT TRACKER FOR INV 411231 47797 1215.6229 GENERAL SUPPLIES POLICE DETECTIVE UNIT 1,714.00 R55CKR2 L� S101 CITY OFAPPL _LEY 1/26/20. 45:26 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25728 1/28/2022 122849 DAKOTA COMMUNICATIONS CENTER Continued... 74,666.00 POL DCC FEE-FEB 410935 AV202202 1200.6249 OTHER CONTRACTUAL SERVICES POLICE MANAGEMENT 74,666.00 25729 1/28/2022 100128 DAKOTA ELECTRIC ASSOCIATION 25.62 943 1/2 GARDENVIEW DR JAN 411258 200010052737JAN 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 22 25.62 25730 1/28/2022 100141 DICKS VALLEY SERVICE 210.00 TOWING#310 410949 2229669 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 85.00 TOWING#346 411235 2229966 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 295.00 25731 1/28/2022 117768 DRAIN PRO PLUMBING 1,550.00 BOTTLE FILLING STATIONS 410932 65336 1900.6266 REPAIRS-BUILDING AV COMMUNITY CENTER 1,550.00 25732 1/28/2022 101365 ECM PUBLISHERS INC 46_75 LEGAL AD-ORDINANCE 1104 410980 871363 1015.6239 PRINTING CITY CLERK/ELECTIONS 46.75 25733 1128/2022 100407 EMERGENCY AUTOMOTIVE TECHNOLOG 667.56 NEW TRUCK LIGHTBARS-423 410895 MS01042273 5300.1750 TRANSPORTATION EQUIPMENT WATER&SEWER FUND BAL SHEET 667.58 NEW TRUCK LIGHTBARS-424 410895 MS01042273 5300.1750 TRANSPORTATION EQUIPMENT WATER&SEWER FUND BAL SHEET 1,335.16 25734 1/28/2022 143883 ENVIROTECH SERVICES INC 4,110.00 ANTI-ICING ADDITIVES 410911 CD202204262 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 4,110.00 25735 1/28/2022 100157 FACTORY MOTOR PARTS CO 15.12 HYDRAULIC FITTINGS 411214 17348352 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 15.12 25736 1/28/2022 149247 FLAGSHIP RECREATION 1 547.24 PLAYGROUND REPAIR PARTS 410928 F9337 1735.6215 EQUIPMENT-PARTS PARK PLAY EQUIPMENT MAINTENANC 1.547.24 25737 1/28/2022 100176 FLEXIBLE PIPE TOOL COMPANY 1,511.20 ARIES CAMERA REPAIR 411237 27030 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/RP R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25737 1/28/2022 _ 100176 FLEXIBLE PIPE TOOL COMPANY Continued... 1,511.20 25738 1/28/2022 116265 GALETON 428.83 GLOVES 410921 2634491 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 428.83 25739 1/28/2022 100209 GOPHER STATE ONE-CALL 25.00 GSOC LOCATES 411230 2000181 5375.6399 OTHER CHARGES SEWER MAINTENANCE AND REPAIR 25.00 GSOC LOCATES 411230 2000181 5335.6399 OTHER CHARGES WATER FINAUSERVICE ON OFF/LOC 50.00 25740 1/28/2022 150543 GROUP HEALTH INC-WORKSITE 249.00 EAP EMPLOYEES DEC 2021 410867 W819851 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 249.00 25741 1128/2022 100233 HOTSY MINNESOTA 396.00 PRESSURE WASHER WANDS 410951 11674 1540.6215 EQUIPMENT-PARTS CMF BUILDINGS&GROUNDS MNTC 199.80 PRESSURE WASHER WANDS 410950 11675 1540.6215 EQUIPMENT-PARTS CMF BUILDINGS&GROUNDS MNTC 595.80 25742 1/28/2022 153538 I D ENTISYS 151.95 OFFICIAL DEPT.IDS 411178 551653 1200.6281 UNIFORM/CLOTHING ALLOWANCE POLICE MANAGEMENT 151.95 25743 1/28/2022 127950 IMAGE TREND INC 4,120.00 ANNUAL FEE 2022 RMS IMAGETREND 410897 132639 1300.6249 OTHER CONTRACTUAL SERVICES FIRE MANAGEMENT 4,120.00 25744 1/28/2022 103314 INNOVATIVE OFFICE SOLUTIONS 23.46 2 CALENDARS 410856 IN3623028 5305.6210 OFFICE SUPPLIES WATER MGMT/REPORT/DATA ENTRY 10.58 FLAIR MARKERS-INSPECTIONS 410874 IN3625419 1400.6210 OFFICE SUPPLIES INSPECTIONS MANAGEMENT 26.68 BINDRS,TAPE,POST-ITS,SUPPLY RM 410874 IN3625419 1035.6210 OFFICE SUPPLIES FINANCE 52.52 AVSA COLDPACKS,MISC 411206 IN3630950 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 97.94 PENS,MARKERS,ENVELOPES 411186 IN3632986 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 27.25 STORE CLEANING RAGS 411249 IN3634814 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 10.54 COMM DEV PENS&LABELS 411202 IN3636209 1100.6210 OFFICE SUPPLIES DEV MANAGEMENT 25.41 INTEROFFICE ENVLPS-SUPPLY ROOM 411202 IN3636209 1035.6210 OFFICE SUPPLIES FINANCE 274.38 25745 1/28/2P.- 111243 JERRY'S TRANSMISSION SERVICE INC R55CKR2 L o101 CITY OF APPL .LEY 1/26/20. 45:26 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25745 1/28/2022 111243 JERRY'S TRANSMISSION SERVICE INC Continued... 254.57 APPARATUS PARTS-SWITCH 411254 38169 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 254.57 25746 1/28/2022 100299 MASTER ELECTRIC CO 1,124.00 WIRING WELL#4 ACCESS&METER 410905 SD38172 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 1,124.00 WIRING WELL#8 ACCESS&METER 410906 SD38173 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 1,124.00 WIRING WELL#11 ACCESS&METER 410904 SD38174 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 1,124.00 WIRING WELL FOR ACCESS&METER 410914 SD38176 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 1,124.00 WIRING WELL FOR ACCESS&METER 410915 SD38177 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELUBOOSTER STN MNT/RPR 1,124.00 WIRING WELL#18 ACCESS&METER 410917 SD38178 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 1,124.00 WIRING WELL#19 ACCESS&METER 410916 SD38180 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 1,124.00 WIRING WELL#20 ACCESS&METER 410907 SD38181 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 8,992.00 25747 1/2812022 100302 MCNAMARA CONTRACTING INC 1.833.69 PICKELBAL FENCE REPAIRS-STORM 410882 33557 7205.6399 STORM921 OTHER CHARGES INSURANCE CLAIMS 1,833.69 25748 1/28/2022 101319 MUNICIPAL LEGISLATIVE COMMISSI 10,500.00 MLC MEMBER DUES 2022 411223 20221 1015.6280 DUES&SUBSCRIPTIONS CITY CLERK/ELECTIONS 10,500.00 25749 1/28/2022 154297 NITTI SANITATION 479.19 CH TRASH JAN 411259 30182001JAN22 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC 1,042.97 CMF TRASH JAN 411260 30182002JAN22 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 142.82 FIRE STA 1 TRASH JAN 411261 30182003JAN22 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 39.06 FIRE STA 2 TRASH JAN 411262 30182004JAN22 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 40.58 FIRE STA 3 TRASH JAN 411263 30182005JAN22 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 142.82 LIQ 1 TRASH JAN 411264 30182006JAN22 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 85.58 LIQ 2 TRASH JAN 411265 30182007JAN22 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 40,58 LIQ 3 TRASH JAN 411247 30182008JAN22 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 188.77 HCSC TRASH JAN 411248 30182010JAN22 1920.6240 CLEANING SERVICE/GARBAGE REMOVSENIOR CENTER 280.09 AVCC TRASH JAN 411248 30182010JAN22 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 140.04 IA2 TRASH JAN 411248 30182010JAN22 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA 2 BLDG MAINTENANCE-HAYES 192.09 JCR PK TRASH JAN 411245 30182014JAN22 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 93.52 VM PK TRASH JAN 411246 30182016JAN22 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 2,908.11 25750 1/28/2022 146279 NORDIC MECHANICAL SERVICES,I 811 65 RPR HEATER PD 410910 63129 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page• 6 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25750 1/28/2022 146279 NORDIC MECHANICAL SERVICES,I Continued... 811.65 25751 1/28/2022 155871 NORTH AMERICAN SAFETY INC 391.49 INVENTORY SAFETY VESTS-PPE 410878 INV61350 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTRY 391,50 INVENTORY SAFETY VESTS-PPE 410878 INV61350 5365.6229 GENERAL SUPPLIES SEWER MGMT/REPORTS/DATA ENTRY 782.99 25752 1/28/2022 137687 NUSS TRUCK&EQUIPMENT 1,304.04 FUEL TANK STRAPS#300 410985 7179583P 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 1,304.04 25753 1/28/2022 150632 OERTEL ARCHITECTS 12,393,70 AE DESIGN FEE FOR CMF PROJECT 410929 1C 4422.6235 2021154G CONSULTANT SERVICES '21 FACILITIES CIP 12,393,70 25754 1/28/2022 100393 PUMP AND METER SERVICE INC 200.80 UNLEADED TANK PROBE REPAIR 410976 518661 1540.6266 REPAIRS-BUILDING CMF BUILDINGS&GROUNDS MNTC 200.80 25755 1/28/2022 100395 R&R SPECIALTIES OF WISCONSIN INC 44.40 AVSA OLY BLADE SHARPENING 411199 748011N 5270.6265 REPAIRS-EQUIPMENT ARENA 2 EQUIPMENT MAINT-HAYES 44.40 25756 112812022 152480 RMB ENVIRONMENTAL LAB 5,650.62 AQUATIC PLANT SURVEY 410909 APV120121 5505.6249 OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 5,650.62 25757 1/28/2022 101130 ROGGENBUCK TREE CARE,LLC 675.00 DISEASED OAK TREE-ALIMAGNET 410920 20211209 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 650.00 DISEASED TREES(5)-NORDIC 410919 20211209A 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 1,325.00 25758 1/28/2022 143628 SCHWICKERT'S TECTA AMERICA 677.33 FILTER FOR ROOFTOP HVAC UNIT 410881 S510087555 5325.6266 REPAIRS-BUILDING WATER TREATMENT FCLTY MNTC/RPR 677.33 FILTER FOR ROOFTOP HVAC UNIT 410881 S510087555 5390.6266 REPAIRS-BUILDING SWR EQUIP/VEHICLE MISC MNTC/RP 677.34 FILTER FOR ROOFTOP HVAC UNIT 410881 S510087555 5506.6266 REPAIRS-BUILDING STORM LIFT STN MNTCIRPR 151.00 TRACKER INSPECTION 410940 5510087556 5390.6266 REPAIRS-BUILDING SWR EQUIP/VEHICLE MISC MNTC/RP 151.00 TRACKER INSPECTION 410940 S510087556 5325.6266 REPAIRS-BUILDING WATER TREATMENT FCLTY MNTC/RPR 2,334.00 R55CKR2 i101 CITY OFAPPL _LEY 1/26/20, 45:26 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25759 1/28/2022 102293 SKINNER,STEPHAN C Continued... 29.68 DEC MILEAGE-SKINNER 411192 20211227 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 29.68 25760 1/28/2022 102224 SL-SERCO LABORATORIES 1,060.00 METER RPL PROGRAM 4TH QTR 411244 11077182C 5305.6735 2016101W CAPITAL OUTLAY-OTHER IMPROVEME WATER MGMT/REPORT/DATA ENTRY 1,060.00 25761 1/28/2022 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN 366.00 WINE#3 00050756 410990 2158598 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 125.99 LIQ#1 00050756 411090 2165431 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 693.12 LIQ#1 00050756 411091 2165432 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 191.00 LIQ#1 00050756 411092 2165433 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,592.54 LIQ#1 00050756 411093 2165435 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 45.00 LIQ#1 00050756 411094 2165436 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 177.60 LIQ#1 00050756 411095 2165437 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 443.90 LIQ#2 00050756 411113 2165439 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 142.10 LIQ#2 00050756 411114 2165440 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 314.00 LIQ#2 00050756 411115 2165441 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 184.35 LIQ#3 00050756 411127 2165455 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 305.50 LIQ#3 00050756 411128 2165456 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 104.00 WINE#3 00050756 411153 2165457 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,592.54 LIQ#3 00050756 411129 2165458 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 48.00 WINE#3 00050756 411154 2165459 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,371.55 LIQ#1 00050756 411097 2167580 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 284.00 WINE#1 00050756 411143 2167581 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 216.00 WINE#1 00050756 411144 2167582 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 315.00 LIQ#1 00050756 411098 2167586 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,236.20 LIQ#1 00050756 411099 2167587 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 160.00 WINE#1 00050756 411145 2167588 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 397.75 LIQ#1 00050756 411100 2167589 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 677.90 LIQ#2 00050756 411116 2167591 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 984.00 WINE#2 00050756 411150 2167592 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 643.55 LIQ#3 00050756 411130 2167614 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 993.25 LIQ#3 00050756 411131 2167615 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 315.00 LIQ#3 00050756 411132 2167619 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,662.45 LIQ#3 00050756 411133 2167620 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,082.00 WINE#3 00050756 411155 2167621 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 256.00 WINE#3 00050756 411156 2167622 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 300.00 WINE#3 00050756 411157 2167623 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2,490.00 LIQ#1 00050756 411102 2170094 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25761 1128/2022 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN Continued... 172.00 LIQ#1 00050756 411103 2170096 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 508.03 LIQ#1 00050756 411104 2170097 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 162.36- CMLIQ#1 00050756 411105 2170097 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 378.00 LIQ#1 00050756 411106 2170099 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 560.00 WINE#1 00050756 411147 2170100 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 215.95 LIQ#1 00050756 411107 2170101 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 9.75- CMLIQ#1 00050756 411108 2170101 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,288.94 LIQ#1 00050756 411109 2170102 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 27.05- CMLIQ#1 00050756 411110 2170102 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 128.00 WINE#1 00050756 411148 2170103 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,329,05 LIQ#2 00050756 411117 2170104 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 54.10- CMLIQ#2 00050756 411118 2170104 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 172.00 LIQ#2 00050756 411119 2170105 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 215.95 LIQ#2 00050756 411120 2170107 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 789.77 LIQ#2 00050756 411121 2170108 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 68.22- CMLIQ#2 00050756 411122 2170108 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 392.00 WINE#2 00050756 411151 2170110 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,028.10 LIQ#3 00050756 411134 2170121 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 477.10- CMLIQ#3 00050756 411135 2170121 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 172.00 LIQ#3 00050756 411136 2170122 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 264.52 LIQ#3 00050756 411137 2170123 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 81.15- CMLIQ#3 00050756 411138 2170123 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 215.95 LIQ#3 00050756 411139 2170125 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 237.60 LIQ#3 00050756 411140 2170126 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 79.20- CMLIQ#3 00050756 411141 2170126 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 168.00 WINE#3 00050756 411158 2170127 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 729.85- CMLIQ#1 CREDITS MISSED 1ST PY00050756 411087 5079946A 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 632.06 LIQ#1 USED CREDIT TWICE 00050756 410989 9323558A 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 127.75- LIQ#3 00050756 410991 9332732 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 54.00- CMLIQ#1 00050756 410988 9339428 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 233.75- CMWINE#1 00050756 411142 9348339 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 60.50- CMWINE#2 00050756 411149 9348340 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 195.25- CMWINE#3 00050756 411152 9348346 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 337.49- CMLIQ#1 00050756 411096 9352003 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 106.46- CMLIQ#1 00050756 411088 9352004 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 160.00- CMLIQ#1 00050756 411089 9353616 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 40.00- CMLIQ#2 00050756 411111 9353617 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 200.00- CMLIQ#3 00050756 411126 9353618 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 87.12- CMLIQ#1 00050756 411101 9353981 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES R55CKR2 d101 CITY OF APPL .LEY 1/26/20. 45:26 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25761 1/28/2022 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN Continued... 79.20- LIQ#2 00050756 411112 9353983 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 121.45- CMLIQ#3 00050756 411125 9353992 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 113.50- CMLIQ#3 00050756 411124 9353993 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 80.00- CMWINE#1 00050756 411146 9356069 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 28.60- CMLIQ#3 00050756 411123 9356081 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 296.00- CMWINE#3 00050756 411159 9356083 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 25,568.36 25762 1/28/2022 139811 SRF CONSULTING GROUP 2,317.71 FEASIBILITY STUDY 410967 118540026 3262.6235 2019106R CONSULTANT SERVICES TIF DOWNTOWN REDEVELOPMENT 3,750_00 DEVELOPMENT REVIEW 410913 15240001 4502.6235 2021178G CONSULTANT SERVICES IMPROVEMENTS-ASSESSED 6,067,71 25763 1/28/2022 150590 STONEBROOKE ENGINEERING 2,148.75 LS 7 CONTROL PANEL PROJECT 410903 9611 5380.6735 2021180S CAPITAL OUTLAY-OTHER IMPROVEME SEWER LIFT STN REPAIR&MNTC 17,233.37 FINAL DESIGN 410965 9621 2027.6235 2022106G CONSULTANT SERVICES ROAD ESCROW 19,382.12 25764 1/2812022 137686 TOWMASTER LLC 477,66 PLOW SADDLE BOLTS&NUTS 410896 445495 1630,6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 477.66 25765 1/28/2022 154096 TRACKER PRODUCTS INC 9,600.00 SAFE EVIDENCE SYSTEM 410890 TPINV003437 1200.6249 OTHER CONTRACTUAL SERVICES POLICE MANAGEMENT 9,600.00 25766 1128/2022 100481 TRI-STATE BOBCAT INC 44.50 DRIVE BELT#346 411211 P69067 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 44.50 25767 1/28/2022 118830 UHL COMPANY,INC. 2,604.00 ANNUAL MNTC SERVICE CONTRACT 410892 67224 1900.6249 OTHER CONTRACTUAL SERVICES AV COMMUNITY CENTER 2,604.00 25768 1/28/2022 101123 USA BLUE BOOK 53.00 2 MARKING PAINT CAN HOLDERS 410961 845319 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 53.82 2 MARKING PAINT CAN HOLDERS 410961 845319 5335.6229 GENERAL SUPPLIES WATER FINAL/SERVICE ON OFF/LOC 106.82 25769 1/28/2022 126509 WATER CONSERVATION SERVICE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25769 1/28/2022 126509 WATER CONSERVATION SERVICE Continued... 391.62 GARDENVIEW&143RD WM BREAK 410952 11927 5330.6269 REPAIRS-OTHER WTR MAIN/HYDRANT/CURB STOP MNT 391,62 25770 1/28/2022 137762 WSB&ASSOCIATES INC 1,098.00 EAST LAKE SUBWATERSHED 410879 R0189970001A 5505.6235 2021165D CONSULTANT SERVICES STORM DRAIN MNTC/RPR/SUMPS 1,280.00 EAST LAKE SUBWATERSHED 410962 R0189970002 5505.6235 2021165D CONSULTANT SERVICES STORM DRAIN MNTC/RPR/SUMPS 2,378_00 25771 1/28/2022 100528 ZIEGLER INC 1,197.28 PLOW CUTTING EDGES(4) 410894 IN000380998 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 963.37 PLOW EDGES (4) 411238 IN000392662 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 2,160.65 311496 1/26/2022 101231 ADVANCED GRAPHIX INC 175.00 DECALS&REFLECTORS HELMET 410860 208281 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 175.00 311497 1/26/2022 153995 AMAZON CAPITAL SERVICES 192.00 JCAC FAUCET REPAIR 411182 16KMKRP6FJDC 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 137.53 PPE 411201 1JHP1NQRT3NC 1900.6229 COVID-P2 GENERAL SUPPLIES AV COMMUNITY CENTER 72.32 MWF TRAILER REPAIRS 411183 1PYQH3HVDRPH 1765.6229 GENERAL SUPPLIES PARK EQUIPMENT MAINTENANCE 40.01 WRIST REST,KEYBD REST 411198 1XQ3X9CC1KQT 1920.6210 OFFICE SUPPLIES SENIOR CENTER 174.25 SAFE 411198 1XQ3X9CC1KQT 1920.6229 GENERAL SUPPLIES SENIOR CENTER 616.11 311498 1/26/2022 100019 AMERICAN PUBLIC WORKS ASSN 231.25 APWAANNUAL DUES-FLEET 410899 20211103 1530.6280 DUES&SUBSCRIPTIONS FLEET&BUILDINGS-CMF 462.50 APWAANNUAL DUES-STREETS 410899 20211103 1600.6280 DUES&SUBSCRIPTIONS STREET MANAGEMENT 462.50 APWA ANNUAL DUES-PW ADMIN 410899 20211103 1500.6280 DUES&SUBSCRIPTIONS PW MANAGEMENT 1,156.25 APWA ANNUAL DUES-ENG 410899 20211103 1510.6280 DUES&SUBSCRIPTIONS PW ENGINEERING&TECHNICAL 231.25 APWAANNUAL DUES-SEWER 410899 20211103 5365.6280 DUES&SUBSCRIPTIONS SEWER MGMT/REPORTS/DATA ENTRY 231.25 APWAANNUAL DUES-WATER 410899 20211103 5305.6280 DUES&SUBSCRIPTIONS WATER MGMT/REPORT/DATA ENTRY 2,775.00 311499 1/26/2022 154253 APPLE FORD LINCOLN 758.14 EXHAUST#908 410877 551869 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 90_41 SQUAD BRAKES FOR STOCK 411209 553175 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 32.12 AXLE SEAL#908 411212 554748 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 114.45 FT BRAKE PADS#919 411210 554850 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 995_12 R55CKR2 L _ 0101 CITY OFAPPL, _LEY 1/26/20.. 45:26 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311499 1/26/2022 154253 APPLE FORD LINCOLN Continued... 311500 1/2612022 100747 ARAMARK UNIFORM SERVICES INC 22.44 Shop Coveralls 410948 629000217941 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 28.56 PK Coveralls 410948 629000217941 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 55.37 STR Coveralls 410948 629000217941 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 106.37 311501 112612022 118892 ASPEN MILLS 29.50 BELT(KABAT) 410869 287032 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 29.50 BELT(ROBINSON) 410862 287033 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 77.45 SHIRT/BELT(COLLINS) 410870 287034 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 100.85 SHIRT,PATCH/BELT(A.BOSTEL) 410872 287035 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 100.85 SHIRT,PATCH/BELT(RING) 410871 287036 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 111.54 SHIRT,PATCH/BELT(GRASS) 410953 287050 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 61.36 SHIRT,PATCH(KABAT) 410979 287173 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 56.35 SHIRT,PATCH(ROBINSON) 411252 287539 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 52.95 PANTS(NELSON) 411255 287666 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 620.35 311502 1/26/2022 100031 ASSOCIATION OF MN CITIES 13,006.00 METRO CITIES MEMBERSHIP DUES 410900 902 1015.6280 DUES&SUBSCRIPTIONS CITY CLERK/ELECTIONS 13,006.00 311503 1/26/2022 157011 BEACH,BARBARA 99.00 TRIP CANCELLED 411188 34798650 1001.4360 REC-SENIOR PROGRAM REVENUE GENERAL FUND REVENUE 89.00 TRIP CANCELLED 411187 34798684 1001.4360 REC-SENIOR PROGRAM REVENUE GENERAL FUND REVENUE 188.00 311504 1/26/2022 141010 BECKER FIRE&SAFETY SERVICES 191.10 ANNUAL EXTINGUISHER SERVICE 410861 5252 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 191.10 311505 1/26/2022 109954 BERRY COFFEE COMPANY 189.32 CMF COFFEE SUPPLIES 410875 880112 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 189.32 311506 1/2612022 100082 BURNSVILLE,CITY OF 8,025.75 SAN SEWER USER FEES 4TH QTR 411239 202200000001A 5380.6318 BURNSVILLE/EAGAN SWR REIMBURSESEWER LIFT STN REPAIR&MNTC 5,767.20 WATER QUALITY PROJECTS BV JPA 411176 20220111 5505.6249 OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 13,792.95 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311506 1/26/2022 100082 BURNSVILLE,CITY OF Continued... 311507 1/26/2022 101083 CAPITAL CITY FIREFIGHTERS ASSOC REGION 1 50.00 CAPITAL CITY 2022 DUES 411184 103 1300.6280 DUES&SUBSCRIPTIONS FIRE MANAGEMENT 50.00 311508 1/26/2022 116142 CARGILL INCORPORATED 5,712.63 CLEAR LANE DE-ICER(51.82 T) 410971 2906795706 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 8,050.83 CLEAR LANE DE-ICER(73.03T) 410972 2906800291 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 13,427.24 CLEAR LANE DE-ICER(121.80 T) 410973 2906804368 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 5,797.52 CLEAR LANE DE-ICER(52.59 T) 410974 2906808778 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 32,988.22 311509 1126/2022 100282 CINTAS CORPORATION 2.04- LIQ3 USE TAX 410876 4107295049 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 2.04 LIQ3 USE TAX 410876 4107295049 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 29.70 MOPS&MATS 410876 4107295049 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 35.28 CH MAT SVC 411224 4107739146 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC 30.32 CARPET RUNNERS 410970 4107739200 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC ,83- LIQ2 USE TAX 410975 4107739261 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET .83 LIQ2 USE TAX 410975 4107739261 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 12.00 RUGS 410975 4107739261 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS .72- LIQ1 USE TAX 411256 4108431097 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET .72 LIQ1 USE TAX 411256 4108431097 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 10.44 RUGS 411256 4108431097 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 117,74 311510 1/26/2022 156963 CLAYTOR,JIM 72.00 TRIP CANCELLED 411181 34596354 1001,4360 REC-SENIOR PROGRAM REVENUE GENERAL FUND REVENUE 72.00 311511 1/26/2022 120022 COBBLESTONE LAKE MASTER ASSOC! 3,400.00 COBBLESTONE HOA DUES 2021 411232 1433 5095.6310 RENTAL EXPENSE LIQUOR#3 OPERATIONS 3,400.00 311512 1/26/2022 155704 COMPASS MINERALS AMERICA INC 6,917.68 WHITE ROAD SALT(96.36 T) 410922 917080 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 6,917.68 311513 1126/2022 142662 CONVENTION&VISITORS BUREAU 7,615.38 LODGING TAX-DECEMBER 2021 410931 20220119 '005.6319 REIMBURSEMENT OF REV COLL FOR LODGING TAX R55CKR2 L S101 CITY OFAPPL _LEY 1/26/20. 45:26 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311513 1/26/2022 142662 CONVENTION&VISITORS BUREAU Continued... 7,615.38 311514 1/26/2022 100510 CORE&MAIN 228.11 PVC FERNCO FOR SEWER REPAIRS 410959 Q223746 5375.6215 EQUIPMENT-PARTS SEWER MAINTENANCE AND REPAIR 530,72 8"PVC FERNCO FOR SEWER REPAIR 411228 Q223747 5375.6215 EQUIPMENT-PARTS SEWER MAINTENANCE AND REPAIR 758.83 311515 1/26/2022 100114 CUB FOODS 50 09 CH CREAMER,TEA,MISC 410942 202112070642 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 50.09 311516 1126/2022 100123 DAKOTA COUNTY FINANCIAL SERVIC 6,232.98 FIBER CONNECT WELLS#8,10,14 410886 42643 5305.6735 CAPITAL OUTLAY-OTHER IMPROVEME WATER MGMT/REPORT/DATA ENTRY 8,235.75 DBB 4TH QUARTER DUES 410885 42776 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 14,468.73 311517 1/26/2022 123765 DAKOTA COUNTY TECHNICAL COLLEGE 1,600.00 SNOW PLOW DEFENSIVE DR LATHROP 410901 185178 1665.6275 SCHOOLS/CONFERENCES/EXP LOCAL STREET SNOW&ICE MATERIALS 1,600 00 311518 1/26/2022 140503 DARTS 4,972.00 DARTS 4TH QTR OCT-DEC 2021 411169 S10005142 1100.6249 OTHER CONTRACTUAL SERVICES DEV MANAGEMENT 4,972.00 311519 1/26/2022 118441 DE PAUL LETTERING 165.00 NAVY SWEATSHIRT LOGO/NAME(11) 411253 67104 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 165.00 311520 1126/2022 101320 DISTRICT 196 COMMUNITY EDUCATI 120.00 RED GROSS CERT.STEVENS 410887 20220104 1930.6280 DUES&SUBSCRIPTIONS REDWOOD POOL 120.00 RED CROSS CERT.ROUSSEAU 410887 20220104 1930.6280 DUES&SUBSCRIPTIONS REDWOOD POOL 120.00 RED CROSS CERT.LUCZAK 410887 20220104 1930.6280 DUES&SUBSCRIPTIONS REDWOOD POOL 120.00 RED CROSS CERT.SAUNDERS 410887 20220104 1930.6280 DUES&SUBSCRIPTIONS REDWOOD POOL 480.00 311521 1/26/2022 153625 EHLERS SERVICES PLOWING 1,700.00 GRAVE DIGGING DEC14&15 410908 465455 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY 1,700.00 311522 1/26/2022 156980 ELEVATED WELDING SERVICE,LLC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311522 1/26/2022 156980 ELEVATED WELDING SERVICE,LLC Continued... 11,000.00 REPAIR Q.P.RISER PIPE LEAK 411167 120 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 11,000.00 311523 1/26/2022 101298 FERGUSON ENTERPRISES 475.00 HYDRANT BUDDY GV KEY 409695 486810 5330.6211 SMALL TOOLS&EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 259.04 7-13 FOOT ADJUSTABLE GV WRENCH 410960 488478 5330.6211 SMALL TOOLS&EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 475.00- RETURNED GV WRENCH 409679 CM036079 5330.6211 SMALL TOOLS&EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 259.04 311524 1/26/2022 100168 FERRELLGAS 602.27 PROPANE FOR FORKLIFT 411177 1117640526 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 125.32 PROPANE FORKLIFT 410864 1117747268 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 727.59 311525 1/26/2022 100420 FISCHER MINING,LLC .31- UTIL DISCOUNT 411195 166419 5330.6333 GENERAL-CASH DISCOUNTS WTR MAIN/HYDRANT/CURB STOP MNT 124.09 GARDENVIEW WM BREAK REPAIR 411195 166419 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 9.67- UTIL DISCOUNT 411234 166453 5330.6333 GENERAL-CASH DISCOUNTS WTR MAIN/HYDRANT/CURB STOP MNT 1,460.86 FILLING BINS @ CMF FOR BREAKS 411234 166453 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 1,574.97 311526 1/26/2022 150163 GALLS 75_68 UNIFORMS SHALOT 411203 20214068 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 98.09 UNIFORMS SHALOT 411205 20228516 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 148.97 UNIFORMS CHIRPICH 411208 20235111 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 7,04 UNIFORMS SHALOT 411204 20253395 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 329.78 311527 1/26/2022 101328 GOVCONNECTION INC 150,02 WIRELESS HEADSETS 410873 72315412 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 150.02 311528 1/26/2022 154563 GROOTWASSINK REAL ESTATE 4,500.00 NRMP 7370 153RD ST 411240 20211227 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 4,500.00 311529 1/26/2022 100925 HEMPHILL,KRISTIN 180.60 7/29-12/27 MILEAGE-HEMPHILL 411194 20211227 1825.6277 MILEAGE/AUTO ALLOWANCE REC SUMMER PLAYGROUND ACTIVITY 180.60 R55CKR2 L_ �101 CITY OFAPPL _LEY 1/26/20. 45:26 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311530 1/26/2022 153022 HENDRICKSON,JAMES P Continued... 899.00 HENDRICKSON WTR TRMT PLNT OPER 411242 20211103 5315.6275 SCHOOLS/CONFERENCES/EXP LOCAL WATER TRAINING/SCHOOUMEETINGS 899.00 311531 1/26/2022 113142 HILLYARD MINNEAPOLIS 319.15 REPAIR FLOOR SCRUBBER 410888 700489839 5095.6265 REPAIRS-EQUIPMENT LIQUOR#3 OPERATIONS 319.15 311532 1/26/2022 100255 JOHNSON BROTHERS LIQUOR 23.34- CMWINE#2 00000109 410987 181631 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 390.00- CMLIQ#1 CREDIT IN 2022 00000109 411000 182737 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 5,492.36 LIQ#1 00000109 410992 1968504 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 891.60 LIQ#2 00000109 411005 1968505 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 713.28 LIQ#3 00000109 411018 1968506 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 89.16- CMLIQ#3 00000109 411019 1968506 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,033.75 LIQ#1 00000109 410993 1968507 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 435,75 WINE#1 00000109 411035 1968508 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 336.00 LIQ#1 00000109 410994 1968509 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 785.34 LIQ#1 00000109 410995 1968510 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 136.55 WINE#1 00000109 411036 1968511 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 634.49 LIQ#2 00000109 411006 1968512 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 258.00 LIQ#2 00000109 411007 1968513 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 735.29 WINE#2 00000109 411043 1968514 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 291.45 WINE#2 00000109 411044 1968515 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 104.00 LIQ#2 00000109 411008 1968516 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 186.00 LIQ#3 00000109 411020 1968517 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 80.00 LIQ#3 00000109 411021 1968518 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 780.03 WINE#3 00000109 411049 1968519 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 96.00 LIQ#3 00000109 411022 1968520 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 207.15 WINE#3 00000109 411050 1968521 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,149.25 LIQ#1 00000109 410996 1972330 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 302,00 LIQ#3 00000109 411023 1972331 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 171.95 LIQ#1 00000109 410997 1972332 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 338.45 WINE#1 00000109 411037 1972333 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 174.40 LIQ#1 00000109 410998 1972334 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 752.55 WINE#1 00000109 411038 1972335 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 302.00 LIQ#2 00000109 411009 1972336 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,025.15 LIQ#1 00000109 410999 1972337 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 547.18 WINE#1 00000109 411039 1972338 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 199.20 LIQ#2 00000109 411010 1972339 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 720.00 WINE#2 00000109 411045 1972340 5055.6520 WINE LIQUOR#2 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311532 112612022 100255 JOHNSON BROTHERS LIQUOR Continued... 531.00 LIQ#2 00000109 411011 1972341 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 160.00 LIQ#2 00000109 411012 1972342 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 583.82 WINE#2 00000109 411046 1972343 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,029.00 LIQ#3 00000109 411024 1972344 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 515.25 LIQ#3 00000109 411025 1972345 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 276.15 WINE#3 00000109 411051 1972346 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 111,00 TAX#3 00000109 411026 1972347 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 255.67 LIQ#3 00000109 411027 1972348 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 25.50- CMLIQ#3 00000109 411028 1972348 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 585.40 WINE#3 00000109 411052 1972349 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 395.22 WINE#3 00000109 411053 1972350 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2,624.11 LIQ#1 00000109 411001 1976573 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 695.29 LIQ#2 00000109 411013 1976574 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 2,873.61 LIQ#3 00000109 411029 1976575 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 766.69 WINE#1 00000109 411040 1976577 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 316.48 LIQ#1 00000109 411002 1976578 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 402.80 WINE#1 00000109 411041 1976579 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 166.20 LIQ#1 00000109 411003 1976580 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 96.00 WINE#1 00000109 411004 1976580 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 256.00 WINE#1 00000109 411042 1976581 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 857.25 LIQ#2 00000109 411014 1976582 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 80.00 LIQ#2 00000109 411015 1976583 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 340.58 WINE#2 00000109 411047 1976584 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 102.24 LIQ#2 00000109 411016 1976585 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 116.40 LIQ#2 00000109 411017 1976586 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 199.80 WINE#2 00000109 411048 1976587 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 574.74 LIQ#3 00000109 411030 1976589 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 115.19 LIQ#3 00000109 411031 1976590 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 44.00 WINE#3 00000109 411054 1976591 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 104.00 LIQ#3 00000109 411032 1976592 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 104.00- CMLIQ#3 00000109 411033 1976592 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 217.00 LIQ#3 00000109 411034 1976593 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 149.35 WINE#3 00000109 411055 1976594 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 448.00- CMWINE#1 00000109 410986 655003 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 33,339.41 311533 1/26/2022 153118 LAGESON,EVA 17.55 JAN MILEAGE-LAGESON 411207 20220113 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 17.55 R55CKR2 L.. _.S101 CITY OFAPPL _LEY 1/26/20, 45:26 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311534 1/26/2022 100646 LAWSON PRODUCTS INC Continued... 482.92 PLOW BOLTS&NUTS 411236 9309153249 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 249.45 SHOP RESUPPLY FOR EQUIP 410945 9309157961 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE 732.37 311535 1/26/2022 145429 LUBE-TECH&PARTNERS,LLC 585.50 BULK HYDRAULIC FLUID 410983 2806201 1630,6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 585,50 BULK HYDRAULIC FLUID 410983 2806201 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 2,144.89 BULK SYNTHETIC 5W-30 410982 2806216 1210.6212 MOTOR FUELS/OILS POLICE FIELD OPERATIONS/PATROL 123.05 BULK 5W-30 OIL 410981 2806463 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 123.05 BULK 5W-30 OIL 410981 2806463 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 123.05 BULK 5W-30 OIL 410981 2806463 1510.6212 MOTOR FUELS/OILS PW ENGINEERING&TECHNICAL 123.05 BULK 5W-30 OIL 410981 2806463 1400.6212 MOTOR FUELS/OILS INSPECTIONS MANAGEMENT 123,05 BULK 5W-30 OIL 410981 2806463 1350.6212 MOTOR FUELS/OILS FIRE VEHICLE MAINTENANCE 123.05 BULK 5W-30 OIL 410981 2806463 1210.6212 MOTOR FUELS/OILS POLICE FIELD OPERATIONS/PATROL 123.05 BULK 5W-30 OIL 410981 2806463 5390.6212 MOTOR FUELS/OILS SWR EQUIP/VEHICLE MISC MNTC/RP 123.05 BULK 5W-30 OIL 410981 2806463 5345.6212 MOTOR FUELS/OILS WATER EQUIP/VEHICLE/MISC MNTC 123.05 BULK 5W-30 OIL 410981 2806463 5505.6212 MOTOR FUELS/OILS STORM DRAIN MNTC/RPR/SUMPS 4,423.34 311536 1/2612022 119353 MADISON NATIONAL LIFE INS CO INC 217,62 STD FEES JAN 2022 410854 20220101 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 2,265.41 LTD INSURANCE JANUARY 410854 20220101 9000.2113 ACCRUED LTD PAYROLL CLEARING BAL SHEET 2,483,03 311537 1/26/2022 138342 MANSFIELD OIL COMPANY 727,88 GAS UNLEADED(269 GA) 410933 22909263 2240.6212 MOTOR FUELS/OILS GOLF EQUIPMENT MAINTENANCE 1,115.67 DIESEL FUEL(406 GA) 410934 22909270 2240.6212 MOTOR FUELS/OILS GOLF EQUIPMENT MAINTENANCE 13,091,74 DIESEL FUEL(5254 GA) 411226 22916327 1000.1525 INVENTORY-DIESEL FUEL GENERAL FUND BALANCE SHEET 6,278.12 DIESEL FUEL#1 BLENDED(2252GA) 411227 22916328 1000.1525 INVENTORY-DIESEL FUEL GENERAL FUND BALANCE SHEET 21,213.41 311538 1/26/2022 101356 MELTON,DEBRA S 60.00 REIMBURSE TIP SAFETY KICKOOFF 410863 20220113 1020.6399 OTHER CHARGES HUMAN RESOURCES 60.00 311539 1/26/2022 100309 MENARDS 68,96 BRUEGGER'S FAUCET REPAIR 411196 29165 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP MNT 20.63 CLEAN SUPPLIES FOR WTP 410941 29197 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 14.44 CLEANING SUPPLIES 411200 29443 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 22.09 HEAT BLANKET FOR CEM 410943 29475 5605.6229 GENERAL SUPPLIES CEMETERY R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311539 1/26/2022 100309 MENARDS Continued... 59.98 TARP FOR CEM DIRT 410944 29594 5605.6229 GENERAL SUPPLIES CEMETERY 95.74 CEILING PANELS 411257 29865 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 281.84 311540 1/26/2022 155164 MN OCCUPATIONAL HEALTH 746.00 PRE EMPLOYMENT TESTING 410912 385870A 1610.6235 CONSULTANT SERVICES STREET/BOULEVARD REPAIR&MNTC 62.00 DRUG TEST JEFF 410868 385870B 1530.6235 CONSULTANT SERVICES FLEET&BUILDINGS-CMF 808.00 311541 1/26/2022 152263 MOTOROLA SOLUTIONS 13,662.00 (3)BASE RADIOS 410891 8281308928 7405.1740.120 MACHINERY&EQUIP-10 YRS VERF-FIRE BAL SHEET 19,026.00 800MH(35)SPKMIC,(3)CGRS,(2)ANT 410936 8281312023 7405.1740.120 MACHINERY&EQUIP-10 YRS VERF-FIRE BAL SHEET 32,688,00 311542 1/26/2022 100995 NAPA AUTO PARTS 44.04 KENWORTH FUEL FILTERS 411215 5763850391 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 6,32 OIL FILTERS GM TRUCKS 411217 5763850989 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/RP 6,32 OIL FILTERS GM TRUCKS 411217 5763850989 5345.6215 EQUIPMENT-PARTS WATER EQUIP/VEHICLE/MISC MNTC 56.68 311543 1/26/2022 101199 NCPERS MINNESOTA 608.00 NCPERS DECEMBER 21 410927 314900012022 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 608.00 311544 1/26/2022 137637 NFPA 175.00 NFPA DUES RUSSELL 411185 20220114 1300.6280 DUES&SUBSCRIPTIONS FIRE MANAGEMENT 175.00 311545 1/2612022 156766 NORBY GOLF COURSE DESIGN,INC 38,000.00 PROF SERVICES--VLYWD DESIGN 410918 4324 4427.6235 2021158P CONSULTANT SERVICES VALLEYWOOD IMPROVEMENTS 38,000.00 311546 1126/2022 156989 NORTH COUNTRY GM 32,786.62 2022 GMC SIERRA PU-424 410925 APVLY2116 5300.1750.120 TRANSPOR EQUIPMNT-10 YRS WATER&SEWER FUND BAL SHEET 32,786.62 2022 GMC SIERRA PU-423 410926 APVLY2117 5300.1750.120 TRANSPOR EQUIPMNT-10 YRS WATER&SEWER FUND BAL SHEET 65,573.24 311547 1126/2022 116683 NORTHLAND SECURITIES 1,000.00 2021 CONTINUING DISCLOSURE 411173 6835 3207.6235 CONSULTANT SERVICES CLOSED BOND ISSUES 1,000.00 R55CKR2 L� S101 CITY OFAPPL. _LEY 1/26/20. 45:26 Council Check Register by GL Page- 19 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311547 1126/2022 116683 NORTHLAND SECURITIES Continued... 311548 1/26/2022 127905 OFFICE OF MN.IT SERVICES 193.20 LANGUAGE LINE-DEC 411180 W21120559 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 193.20 311549 1/2612022 100751 PHILLIPS WINE&SPIRITS INC 965.40 LIQ#1 00000106 411056 6331321 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 519.00 WINE#1 00000106 411076 6331322 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 90.00 BEER#1 00000106 411077 6331322 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 30.00 TAX#1 00000106 411057 6331323 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 880.45 LIQ#2 00000106 411062 6331324 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 832.60 WINE#2 00000106 411080 6331325 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 72.00 TAX#2 00000106 411063 6331326 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 135.00 LIQ#3 00000106 411066 6331327 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 204.52 WINE#3 00000106 411084 6331328 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 90.00 BEER#3 00000106 411085 6331328 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 874.25 WINE#1 00000106 411078 6334177 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 22.50 TAX#1 00000106 411058 6334178 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 90.60 NTAX#1 00000106 411059 6334178 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 276.00 WINE#2 00000106 411081 6334179 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 720.50 WINE#2 00000106 411082 6334180 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 274.50 LIQ#3 00000106 411067 6334181 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 99.25 LIQ#3 00000106 411070 6334182 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,340.00 WINE#3 00000106 411071 6334182 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 4.00- CWINE#3 00000106 411072 6334182 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 216.00 TAX#3 00000106 411068 6334183 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 168.20 NTAX#3 00000106 411069 6334183 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1,593.00 LIQ#1 00000106 411060 6337519 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 628.00 WINE#1 00000106 411079 6337520 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 26.00 TAX#1 00000106 411061 6337521 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,258.70 LIQ#2 00000106 411064 6337522 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 170.25 WINE#2 00000106 411083 6337523 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 26.00 LIQ#2 00000106 411065 6337524 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 304.95 LIQ#3 00000106 411073 6337525 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 44.00 WINE#3 00000106 411086 6337526 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 348.70 TAX#3 00000106 411074 6337527 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 24.60 NTAX#3 00000106 411075 6337527 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 12,320.97 311550 1126/2022 143336 PREMIER LOCATING INC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 20 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311550 1/26/2022 143336 PREMIER LOCATING INC Continued... 634.20 GSOC ELEC.LOCATES 11/15-11/30 410902 41575 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 634.20 311551 1/26/2022 138459 PWF SOLUTIONS INC 148.32 CLEANING CONCENTRATE. 411197 21113 1835.6229 GENERAL SUPPLIES REC WINTER SKATING PROGRAMS 148.32 CLEANING CONCENTRATE. 411197 21113 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 296.64 311552 1/26/2022 152605 RAHN HOME SERVICES 1.00 PARTIAL REFUND 140 SHASTA CT 411250 20220120 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 29.52 PARTIAL REFUND 140 SHASTA CT 411250 20220120 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 30.52 311553 1/26/2022 156998 RANDALL PROPP AND RANDY NELSON 1,487.97 RFND DIFFERENCE FOR SEPTIC 410969 20220105 1001.4065 PERMIT-PLUMBING GENERAL FUND REVENUE 1,487.97 311554 1/26/2022 155420 RIES FARMS LLC 81.68 STUMP GRIND MATERIAL 410946 24709 1520.6240 CLEANING SERVICE/GARBAGE REMOVNATURAL RESOURCES 81.68 311555 1/2612022 154712 ROBERT HALF 948.16 TEMP EE KOVACIC WEEK END 12/31 411168 59139381 1100.6120 EMPLOYMENT AGENCIES DEV MANAGEMENT 482.40 TEMP EE KOVACIC WEEK END 1-7 411229 59179281 1100.6120 EMPLOYMENT AGENCIES DEV MANAGEMENT 1,430,56 311556 112612022 157040 SAFE-FAST INC 80.02 SAFETY EQUIPMENT 411251 INV255663 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 80.02 311557 1/26/2022 100926 SAMSON,C BRIDGET 88.69 SEPT-DEC.MILEAGE-SAMSON 411191 20211222 1920.6277 MILEAGE/AUTO ALLOWANCE SENIOR CENTER 88.69 311558 1/2612022 145283 SAVATREE 123.55- NR SALES TAX ADJUST 411193 10295519 1520.6249 OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 123.55 NR SALES TAX ADJUST 411193 10295519 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1,857.55 PRIVATE FORCED TREE REMOVAL 411193 10295519 1520.6249 OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 1,857.55 R55CKR2 L, _i101 CITY OFAPPL _LEY 1/26/20. 45:26 Council Check Register by GL Page- 21 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311559 1/26/2022 100432 SEH ENGINEERS Continued... 510.11 CONSTRUCTION ADMIN 410966 418318 4502.6235 2019107G CONSULTANT SERVICES IMPROVEMENTS-ASSESSED 25,756.14 FINAL DESIGN 410963 418324 2027.6235 2022104G CONSULTANT SERVICES ROAD ESCROW 236.41 TELECOM PALOMINO LATTICE 411171 418791 1000.2430 20053017 ANTENNA LEASE ESCROWS GENERAL FUND BALANCE SHEET 26,502.66 311560 1/26/2022 148947 SOLARWINDS 65.97- IT SALES TAX ADJUST 410937 IN547980 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 65,97 IT SALES TAX ADJUST 410937 IN547980 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 887.97 WEB HELP DESK ANNUAL MAINT.'22 410937 IN547980 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 887.97 311561 1/26/2022 126227 SOUTH METRO SWAT 12,500.00 SOUTH METRO SWAT DUES 2022 410889 2022105 1200.6280 DUES&SUBSCRIPTIONS POLICE MANAGEMENT 12,500.00 311562 1/26/2022 140021 ST PAUL,CITY OF 267.72 ASPHALT REPAIRS 411172 IN48019 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 167.33 ASPHALT REPAIRS 410865 IN48137 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 435.05 311563 1/26/2022 111161 STERICYCLE INC. 85.75 SHREDDING SERVICE 411179 8000634420 1250.6240 CLEANING SERVICE/GARBAGE REMOVPOLICE FACILITY .19 PLANNING SHRED-IT 411170 8000655005 1100.6240 CLEANING SERVICE/GARBAGE REMOVDEV MANAGEMENT .20 ENGINEERING SHRED-IT 411170 8000655005 1510.6240 CLEANING SERVICE/GARBAGE REMOVPW ENGINEERING&TECHNICAL .58 INSPECTIONS SHRED-IT 411170 8000655005 1400.6240 CLEANING SERVICE/GARBAGE REMOVINSPECTIONS MANAGEMENT 86.72 311564 1/26/2022 121326 SUMMIT FIRE PROTECTION 356.77 FIRE SYSTEM INSPECTION 410954 130036151 2215.6249 OTHER CONTRACTUAL SERVICES GOLF CLUBHOUSE BUILDING 356.77 311565 1/26/2022 147984 SWAGIT PRODUCTIONS,LLC 695.00 MEETING WEBSTREAMING DEC 410880 19451 4817.6235 CONSULTANT SERVICES CABLE TV-SPECIAL REV FUND 695.00 311566 1/26/2022 157010 TOP NOTCH FLOORS AND MORE LLC 1.00 PARTIAL REFUND 15558 FOGHORN 410958 20220107 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 81.87 PARTIAL REFUND 15558 FOGHORN 410958 20220107 1001.4060 PERMIT-BUILDING PERMIT GENERAL FUND REVENUE 82.87 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 22 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311567 112612022 100493 VALLEY BUICK GMC INC Continued... 134.96 TAILLIGHT ASSEMBLY #416 411216 49340 5345.6215 EQUIPMENT-PARTS WATER EQUIPNEHICLE/MISC MNTC 134.96 311568 1/26/2022 121017 VALLEY LAKE IRRIGATION,LLC 115.00 IRRIGATION WINTERIZE 411175 10245 5095.6266 REPAIRS-BUILDING LIQUOR#3 OPERATIONS 115.00 IRRIGATION 410968 10246 5065.6266 REPAIRS-BUILDING LIQUOR#2 OPERATIONS 230.00 311569 1/26/2022 156997 VAN METER INC 863.46 LIFT 1 UPS REPAIR 411189 S011855332 5380.6215 EQUIPMENT-PARTS SEWER LIFT STN REPAIR&MNTC 863.46 311570 1/26/2022 100631 VERIZON WIRELESS 2,619.10 CELL SERVICE 410898 9896379222 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 2,619.10 311571 1/26/2022 142204 WERNER IMPLEMENT CO.,INC 23.00 BRAKE FLUID#350 411213 15352 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 23.00 311572 1/2612022 122208 WEST ST PAUL,CITY OF 3,633.36 VOLUNTEER ENG MGR 2022 QT4 410939 202100000218 1020.6399 OTHER CHARGES HUMAN RESOURCES 3,633.36 311573 1/26/2022 101003 WINZER CORPORATION 72.46 MISC.NUTS&BOLTS,CONNECTOR 410984 7058744 1765.6229 GENERAL SUPPLIES PARK EQUIPMENT MAINTENANCE 72.46 MISC.NUTS&BOLTS,CONNECTOR 410984 7058744 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE 72.46 MISC.NUTS&BOLTS,CONNECTOR 410984 7058744 1350.6229 GENERAL SUPPLIES FIRE VEHICLE MAINTENANCE 72.46 MISC.NUTS&BOLTS,CONNECTOR 410984 7058744 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 72.46 MISC.NUTS&BOLTS,CONNECTOR 410984 7058744 5345.6229 GENERAL SUPPLIES WATER EQUIP/VEHICLE/MISC MNTC 72.47 MISC.NUTS&BOLTS,CONNECTOR 410984 7058744 5390.6229 GENERAL SUPPLIES SWR EQUIPNEHICLE MISC MNTC/RP 4.19 MISC.NUTS&BOLTS,CONNECTOR 411219 7068736 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 4,19 MISC.NUTS&BOLTS,CONNECTOR 411219 7068736 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 4.19 MISC.NUTS&BOLTS,CONNECTOR 411219 7068736 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 4.19 MISC.NUTS&BOLTS,CONNECTOR 411219 7068736 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 4,19 MISC.NUTS&BOLTS,CONNECTOR 411219 7068736 5345.6215 EQUIPMENT-PARTS WATER EQUIP/VEHICLE/MISC MNTC 4.20 MISC.NUTS&BOLTS,CONNECTOR 411219 7068736 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/RP 459.92 311574 1/26/2P^- 100363 XCEL ENERGY R55CKR2 Lv ij101 CITY OFAPPL. _LEY 1/26/20. 45:26 Council Check Register by GL Page- 23 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311574 1/26/2022 100363 XCEL ENERGY Continued... 298.63 STREET LIGHTS ELECTRIC 411174 5168727942JAN22 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 298.63 311575 1/26/2022 102620 ZARNOTH BRUSH WORKS INC 2,300.00 STREET SWEEPER BROOMS 410977 1876811N 5505.6215 EQUIPMENT-PARTS STORM DRAIN MNTC/RPR/SUMPS 2,300.00 311576 1/26/2022 150206 ZELLMER,RUSSELL 140.00 4 PR JEANS-R ZELLMER 410866 20220111 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 140.00 20211246 12128/2021 100873 HEALTHPARTNERS(DENTAL CLAIMS 3,128_43 DENTAL CLAIMS 12/16-12/22/21 411163 20211222 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,128.43 20220125 1/21/2022 148015 EMPOWER 150.00 MNDCP-ROTH 457 CONTRIBUTIONS 410708 11922942389 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 940.00 MNDCP-457 CONTRIBUTIONS 410708 11922942389 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,090.00 20220126 1/21/2022 148869 EMPOWER(HCSP) 323.93 SERGEANT HCSP FUNDING-GROSS WA 410699 119229423811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 673.17 HCSP FUNDING-ANN LV/COMP 410699 119229423811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 980.22 ADMIN HCSP FUNDING-GROSS WAGES 410699 119229423811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,427.78 POLICE HCSP FUNDING-GROSS WAGE 410699 119229423811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,405.10 20220127 1/24/2022 102664 US BANK 9,897.95 EMPLOYEE MEDICARE 410706 11922942387 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 9,897.95 CITY SHARE MEDICARE 410706 11922942387 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 28,937.52 EMPLOYEE FICA 410706 11922942387 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 28,937.52 CITY SHARE FICA 410706 11922942387 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 67,919.37, FEDERAL TAXES PR 410706 11922942387 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 145,590.31 20220128 1/21/2022 101238 MINNESOTA CHILD SUPPORT PAYMEN 121.50 CHILD SUPPORT DEDUCTIONS 410704 11922942385 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 397.50 CHILD SUPPORT DEDUCTIONS 410705 11922942386 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 519.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1/26/2022 10:45:26 Council Check Register by GL Page- 24 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20220129 1124/2022 100657 MN DEPT OF REVENUE Continued... 29,973.12 STATE TAX WITHHOLDING 410703 11922942384 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 29,973.12 20220130 1/24/2022 100392 PUBLIC EMPLOYEES RETIREMENT AS 56,967.83 EMPLOYEE SHARE PERA 410702 11922942383 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 75,172.36 CITY SHARE PERA 410702 11922942383 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 132,140.19 20220131 1/21/2022 148841 FURTHER 5,447.51 HSA EMPLOYEE FUNDING 410698 119229423810 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 5,447.51 20220132 1/19/2022 148841 FURTHER 55.60 FLEX SPENDING MEDICAL-2021 411164 40089411 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 561.00 FLEX SPENDING MEDICAL-2022 411164 40089411 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 2,200.00 FLEX SPENDING DAYCARE-2021 411164 40089411 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 2,816.60 20220133 1/21/2022 100009 AFSCME COUNCIL#5 1,283.00 UNION DUES 410029 10522957241 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,257.34 UNION DUES 410697 11922942381 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,540.34 20220134 1/21/2022 151440 VANTAGEPOINT TRANSFER AGENTS 2,280.50 ROTH 457-PLAN#301171-FIRE TOO 410700 119229423812 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,280.50 20220135 1/21/2022 100240 VANTAGEPOINT TRANSFER AGENTS-457FT 29,320.02 ICMA-PLAN#301171-FIRE TOO 410701 11922942382 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 29,320.02 20220136 1/21/2022 126459 VANTAGEPOINT TRANSFER AGENTS-ROTH 3,147.47 ROTH IRA-PLAN#705481 410707 11922942388 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,147.47 20220137 1119/2022 100000 MN DEPT OF REVENUE 1,530.00 SALES/USE TAX-GENERAL FUND 411160 20220119 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 2.00- SALES/USE TAX-CABLE TV FUND 411160 20220119 2010.2330 DUE TO OTHER GOVERNMENT CABLE TV RESERVE BALANCE SHEET 0,00 SALES/USE TAX-SOLID WASTE 411160 20220119 2040.2330 DUE TO OTHER GOVERNMENT SOLID WASTE BALANCE SHEET 15,205.00 SALES/USE TAX-LIQUOR#2 411160 20220119 '000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE F' T R55CKR2 L .. S101 CITY OFAPPL. _LEY 1/26/20._ .45:26 Council Check Register by GL Page- 25 Council Check Register by Invoice&Summary 12/28/2021-- 1/28/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20220137 1/19/2022 100000 MN DEPT OF REVENUE Continued... 45,956.00 SALES/USE TAX-LIQUOR#3 411160 20220119 5000,2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 48,263.00 SALES/USE TAX-LIQUOR#1 411160 20220119 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 218.00 SALES/USE TAX-GOLF 411160 20220119 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 116.00 SALES/USE TAX-ARENA 411160 20220119 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 1,547.00 SALES/USE TAX-WATER&SWR 411160 20220119 5300.2330 DUE TO OTHER GOVERNMENT WATER&SEWER FUND BAL SHEET 10.00 SALES/USE TAX-RISK MGMT 411160 20220119 7200.2330 DUE TO OTHER GOVERNMENT RISK MGMT/INSUR BALANCE SHEET 112,843.00 20220138 1/11/2022 100331 MN DEPT OF LABOR&INDUSTRY(EFT) 120.51- LESS 2%RETENTION DEC 411161 20211231 1001.4099 PERMIT-OTHER GENERAL FUND REVENUE 2.00- PERMIT SURCHARGE ADJUST 411161 20211231 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 6,025.65 PERMIT SURCHARGE DEC 411161 20211231 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 5,903.14 20220139 1/4/2022 100873 HEALTHPARTNERS(DENTAL CLAIMS 2,420.43 DENTAL CLAIMS 12/23-12/29/21 411162 20211229 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 2,420.43 20220140 1/12/2022 148841 FURTHER 255.00 FLEX SPENDING MEDICAL 2022 411165 40095034 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 2,170.00 FLEX SPENDING DAYCARE 2021 411165 40095034 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 2,425.00 1,225,539.62 Grand Total Payment Instrument Totals Checks 400,162.48 EFT Payments 484,990.16 A/P ACH Payment 340,386.98 Total Payments 1,225,539.62 4'. ‘\° e1 2 11ti R55CKS2 100 CITY OFAPPL. _LEY 1/26/20. ,5:32 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 12/28/2021- 1/28/2022 Company Amount 01000 GENERAL FUND 372,521,50 02010 CABLE TV RESERVE FUND 2.00- 02025 ROAD ESCROW FUND 43,604.51 02040 SOLID WASTE GRANT 02200 VALLEYWOOD GOLF FUND 2,200.32 03205 CLOSED SA BOND ISSUES 1,000.00 03260 TIF DOWNTOWN REDEVELOPMENT 2,317.71 04420 '21 FACILITIES CIP 19,878.89 04425 VALLEYWOOD IMPROVEMENTS 38,000.00 04500 CONSTRUCTION PROJECTS 4,260.11 04815 CABLE TV-SPECIAL REV FUND 695.00 04900 PHYSICAL IMPROVEMENTS ESCROW F 4,500.00 05000 LIQUOR FUND 184,950.26 05100 GOLF FUND 218.00 05200 ARENA FUND 352.96 05300 WATER 8 SEWER FUND 119,892.13 05500 STORM DRAINAGE UTILITY FUND 16,896.21 05600 CEMETERY FUND LEVEL PROGRAM 1,782.07 05800 STREET LIGHT UTIL FUND 958.45 07000 LODGING TAX FUND 7,615.38 07100 INSURANCE TRUST DENTAL FUND 5,548.86 07200 RISK MANAGEMENT/INSURANCE FUND 1,843.69 07405 VERF-FIRE 32,688.00 09000 PAYROLL CLEARING FUND 363,817.57 Report Totals 1,225,539.62 • ITEM: 5.A. ..... Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Regular Agenda Description: Review 2021 Rainwater Rewards Program Staff Contact: Department/ Division: Samantha Berger, Water Resource Specialist Natural Resources Division ACTION REQUESTED: N/A SUMMARY: In spring of 2020, the City Council authorized revising the Water Quality Improvement Cost- Share Program by rebranding it as the Rainwater Rewards Grant Program. As part of the rebranding, Council approved staff to revise the application process to simplify the program application materials and to allow projects to be approved at the staff level. A copy of the application is attached. In 2021, the City provided funding to three projects - including 1 native garden and two raingardens. Applicants also participated in the Dakota County Landscaping for Clean Water workshops which provided residents with the tools needed to design, install, and maintain their water quality project. Dakota County Soil and Water Conservation District (SWCD) was able to continue to provide virtual workshops to residents this past year. Unfortunately, participation numbers were down across the county, compared to recent years - possibly due to the pandemic. The program messaging and targeting will continue in 2022. The program aims to assist residents in fostering their understanding of the importance of water quality improvement through small changes on the landscape. BACKGROUND: The City has offered a water quality grant program since 2009, by offering residents up to 50% of the cost, not to exceed $500 for installing water quality improvement projects: raingardens, shoreline buffers, and native gardens. BUDGET IMPACT: The Stormwater Utility Fund includes $5,000 annually for the Rainwater Rewards grant program. ATTACHMENTS: Agreement Presentation ••• •••• ••••• i•i • Apple V?stLnwatet (jtewatcl!i ecogtanz Valley The City of Apple Valley will offer financial assistance to landowners interested in WHO IS ELGIBLE? installing water quality project improvement projects: raingardens, shoreline buffers, All landowners in Apple Valley. and native gardens. The goal of the program is to empower landowners to make positive impacts to the quality and quantity of water resources—lakes, ponds, and WHAT IS ELIGIBLE? wetlands—in their community. • Raingardens GIVE ME THE DETAILS • Shoreline buffers Projects may receive 50%the cost of the water quality improvement component of • Native gardens their project, not to exceed $500 per lot or project. All funding is distributed on a N,i • Rented equipment first-come,first serve basis. Preference will be given to projects with a high impactilk � to water quality (such as raingardens) and for complete applications from first-time WHAT IS NOT ELGIBILE? it'''. applicants. This is a reimbursement grant; paid receipts and project photos are • Non-native plants& native required before final payment. cultivars WHAT IS THE PROCESS? • Riprap 1. Attend a Dakota County Landscaping for Clean Water (LCW) Introductory • Landscape fabric that prevents Workshop. We highly encourage applicants to attend the LCW Design Workshops to complete your project design. infiltration into underlying soils • Applicant labor&time 2. Submit application with your selected design. • Purchased equipment 3. Complete required maintenance agreement upon staff approval. • Landscaping not required for 4. Install your project per approved plan, take photos, & inform staff when project function. your project is complete. • Enforcement actions or permit 5. Submit paid receipts (outlining eligible items) & photos for reimbursement. requirements 6. Maintain and enjoy the project for a minimum of 5 years. 7. Celebrate your project! Let the City feature your project in City communications. Information on Landscaping for REIMBURSEMENT -an Water Workshop - - - • Maintenance agreement must be approved by the City of Apple Valley prior to the start of construction to be eligible for reimbursement. https://dakotaswcd.org/services/ • Projects must be completed and installed no later than October 1st in the year landscaping-for-clean-water/ approved. n' • Prior to reimbursement, City staff must perform a final inspection that confirms , w�• Y ;{ LANDSCAPING FOR all conditions of the grant agreement have been met and receive a copy of all CLEAN WATER paid receipts to verify expenses. y '"°"" =_ Paid receipts must be itemized and received byNovember 15th in theyear of DerConakota Conservty ation and • p Water Conservation District grant approval. • If the project is receivingassistance from anyother organizations, the sum of all � �`�r + monies received from all organizations must not exceed the total cost of the ' I / project or reimbursement under this program will be adjusted accordingly. • Project locations shall not impede existing easements, right-of-way, or utility locations. - , • Funding caps for materials may be implemented—contact City staff with questions. °. rat?'r,41 a • Staff may inform you of any required permitting. 4 See reverse side for application and additional information CfigLnwatet eewatcCs cito tam cff Location � pp APPLICANT INFORMATION APPLICANT NAME/ORGANIZATION: APPLICANT ADDRESS: PROJECT LOCATION (IF DIFFERENT THAN ABOVE): EMAIL: PHONE: PROJECT INFORMATION PROJECT TYPE:fRAINGARDEN SHORELINE BUFFER n NATIVE GARDEN OTHER: BENEFITTED WATER BODY: APPROXIMATE PROJECT SIZE (Square Feet): TOTAL PROJECT COST(ATTACH ESTIMATE): FUNDS REQUESTED (MAX. $500): PROJECT PURPOSE: PLEASE ATTACH A SKETCH PLAN OF THE PROJECT n ADDITIONAL REQUIREMENTS Are you willing to commit to the following grant requirements: • Attend a Dakota County Landscaping for Clean Water Workshop? YES NO • Maintain the project for at least 5 years after its implementation? YES NO • Participate in the City's outreach and project sharing efforts? YES NO • Complete your project by October 1? YES NO Have you applied for additional funding (ex. Landscaping for Clean Water $250 grant)? YES NO I certify that to the best of my knowledge and belief that the information contained in this application is true, complete, and accurate. Signature: Date: Signature: Date: Please email or mail application to: 111 Or drop off application in person: Samantha Berger � City of Apple Valley City of Apple Valley Central Maintenance Facility 7100 147th St. W �� 0 ' to �►,' 6442 140 St. W Apple Valley, MN 55124 4 pOir(A,11 ° � 0 Apple Valley, MN 55124 952-953-24621sberger@cityofa ppleva I ley.org t ,, I Hours: Monday-Friday, 7:00 am—3:30pm I �, I 2/8/2022 eatokr 0 :„,• ... it,Ifi. . .. or _ ‘.-- Ai" $.'"4 '\,,, 1 '11: it 4it 4 P -z. : ! . fd.,. ..,,, .• ., • 4. . •s, 7.. • r J` k�- ''Cit of Apple Valleyi ,/ r- ,:wi ..... _ .____ a•--an.. •-'-t.l.. N,..J...!:•:e.-::::-—- 2021 Rainwater Rewards I 4,- :-� Review and Updates ' ' / 4 .4' qr.. +� if . 'il, , I ' Apple .j\-iitkik-- NA., . Valley _ .. R • Program verview3 ��• ha�j� r • Rain gardens, shoreline projects, and native gardens "°'� `'��"° �'�°s • a • 50% of project costs, up to 1 - $500 _____ • Landscaping for Clean Water °----- � • $250 grants available _- a • Virtual Courses - 6PM pw4M �a ' • March 7 Get Your Garden On. °°""""' ...a...• LANDSCAPING FOR CLEAN WATER • April5 --N- • May 4 wwwDokowSWCo.or9 ' 1' 4 1 2/8/2022 Apple Valley Rainwater Rewards Overview $5,000.00 to . $4,500.00 9 >, $400000, . 73 a 8 D c $3,500.00 7 c Q 6$3,000.00 .4-a w $2,500.00 - - \ s v) $2,000.00 - 4 3 p $1,500.00 I 1\ 3 , o $1,000.00 — 2 p O $500.00 — 1 $0.00 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total AV Grant Funds Awarded }Total # Projects - f ' <` '' �"host-Share r ) _ 4 4 Projects ,_1_ .,-'''_-,'` t� - 2009-2021 ♦( J i, 0- ',,L Legend ♦— 44 ` 2009-2021 Recipients 4 - Raingarden Lz tom'. 47 Total _ f, ,' Native Garden h '' f, ' y �. t16 Total > _ a� ,� ' 4 di Shoreline ,� , ■.:1i 1, : J1,r �IW 9 Total �1 1 =Water Bodies C gal- 1 , ." J.� 2 2/8/2022 Installed Projects .., _ _. ...›,,, _,..,--leffigilti ,___ + 7 Existing , a Y � ,. raingarden ` - -1 M - ' location ' i a \: , 1. 48 1 k i • 6233 we. Approximat: raingarden Klein Prc perty-1341h St W location ♦r— it 23.52 i, .. • River/ ,.s • ,. _ t , ^�, 7, ky ., � '• 4 C . 11 '' . ..-^T fb` , + r� `:1jè : '` ,',..r. 4 ,, , r,,..„ .,,..„..,,,.: ..„.. , ..., ._ . _..., ,r, -....--iii ,,- ... _ _____r. w -ti yir fry' _ . YMG,. 3 2/8/2022 Installed Pro'ects ...,;.4:7,-::: :,/!,:4-7-.:-....,, ,_,„,.,..':'.:,.....,."...,•:- , 7 i. . ..:::-..,%.,,. . jr. ,,,,,N.,,..,__,:::,,,,t_ 4..-7... . Native -4# • garden ;c., i location 11+ i'4. Raingarden iocgl_ White Property-153rd St • II me -. 11101���11111��1�������I�� i!l. _ ..r _.. , 4nllt* II 1 Io 0 App -- 4 2/8/2022 E- Eilliglams .Installed Projects ria••■aiLiodle.sirwrie -- naillEserm;;17,151111tagaii- swarariessw -406.1.,-,244 - - - imaimagasis41.0...wevirma ensimami,aaaisimmom. amamianane.1/4,r,vi,onlima .Inalla Minaigna"Ma ra,k-i-,ijk salurmaig Wells ... . . — .. - • '.0 .1 ' , MiliesamenimmNliftwaimaiftin . ..„ . nisimatears.444411***/#11181" . • ' IP. • • . amensineglist .,anexamperan liallese tireaniti:'141/111, 114. . , mano0.Nielarkillaiiganalleme ,. .. . liampirillat'Ofeeneallaitim -::'.. .1.-0 ingebea/Mowlicyltraibftirirei ailftr-.--foll",...:vs inlinsim wee ONARA.421Lt446,NaMemisift4 - . ., sifewa*OCM7yenillaftgaNnine - . mania_kwo,,,,dr#4441:41" smesegriNamineliftegiar - -,4 .......-4-1....,..:... :Am. kr. 1111 alailallaringoanainglearnartinteil: eRROSO:111411141411411411.4" g ingiaameally4Wareneallimp.in - - .; .,'• :" .311 . Nmt, sammairesemosan04402Meila OwisammagOonowarResemja . ' -;.4- ' anans...44,440 421404114/41 !ftiv a allnaginnelftsmilealialift - 1.114411eilinglialft 41144/1e."4 I'7 48.11411:11,ftw:1011104111 _.•!...1% WNSWAINI41:44211.1"."111 _ , Rftimill ,V-- --.. . Detjen Property-130th St W ) • II ' , Native garden ' .,. _ := - location • .-.. • i----7-- .1..," .„.: AWN 1- -Pf ir-•(-- iorrilMIIIL . 4 onstaft— „; 1---- . •_....,,,,-271r4V-7-i:— ......._ ''' --:'' ' ' '' ,..., ,. i , .,.. . ..-.., -,—. . - -.•,-***.P. -, •.-...--- -..J,1,.,„:„,---..,, - --, • • L'::A4k1 ....._::,....*...,,r, . ..,. .- „. . ..... , .. _ _ • .. . ---..*.i, -- .- ' ... • r,] ''' ' *..'1'' 'IS..-4.'-' ......:' .` , ' " , _, ,, .,.L ,• , •-• , _- • • „ , .•• , 5 2/8/2022 v lake r Lebanon efllls r Regional Park valleyarood a City Native Terrace OaksGofF Course ! West Park i Ir..� MLAIldre•va Vegetation / 1 c. Efforts rr ti n4 .j I c Long Term I d d Maintenance r h 4 ,l}' n 1351n S7 W '.. a 1 I Allrrra AP Luke.' New Raingarden I t A rl h Sr Ni 1 = Apple Valley 1 a NlmngnrgF 1 A New Native Buffer t I IKAIh Sr w r r Ugplr'y r< °,56. • I'.dllt,Si W 1 P 1 i 1 153ri9 Si w v,. 1 whiiney Pr 1 CI, 1 LaC IS ill Si W I 1r,Srl Il.+ivPn n Lnhhlealnrir ` �U Lake Park ,_,i_. _i._ Ih011i SI w w ¢'P! } Establishing "t®, ° the New ` y • • Erickson Park Pond + $ • Sunset Park Pond 1 ___ • Redwood Park ."- - . Pond � Y t ., ' • • Johnny Cake — Ridge Road ^c " Stormwater Areas ;: 6 2/8/2022 r1: .J' i n d R , y, Y fir , G t r a ��.l, moo rr ( 6Ut y iyEwl'` i�Y` ` VJ i. i asp �. ; ie" �f; � i 1 s f . . l r.. ' !� o i :t - ��£�tt Rom.. .p �y'ra %-:•_ '> c ;-. t 4� :, .`, ,i v,.p�" .� M' V i 1i r i il0i r se 'a tl�r ': !b -`' y qq 'va P,1 v ''f41 i l atZlii' p A �: Yip £ t .» �� .„,- �' i Bey , xi i 1dt, jai i F 'j �� z,1 t > � �� -, t.,,ki.... ,,,,,I414154;6y,,,-4,,,.-,,,,-,,,,.>,\.,..-.,,,...„..4,x, s.,.,,,o,,,, , .„.:',....,,4 e ,,,, r,-,.,, -',,','.k,,:,ii9e 1.. i I-:;,,,..'.;..!-.... -,,,..#,'1',4,.,.',f ..4....-- ,- Maintaining �., the Old t _ ,,,,J 14 }1 Long Lake Area 1 :— __. , Iron Enhanced `,,V Sand Filters and • raingarden n_ Cedar Ave Ponding Areas Garrett Ave Raingardens 5 $x Embry Path park '� Hayes Community Center Raingarden • 2/8/2022 , , t >1 ','_ £ ''"� '', �wr w, � ��kYa+y �i J ! 'Spotted: Rusty- °,r Ii +`,d �� NI , - °k \it Patched Bumble Bee! ih '" '+ i t 4 a r .e '� #� 1� a , � ¢ 1 , Illi illo 43, , , , _ 4/ -IV" ..i:: -t, •'''' c.szl,,,,4,14 ..,,,,,.•,-,, .• l'1 ....P"I' 't., --,(t4;,f''\,':',', -'.itit4 ItO''4.1, ''.-,',X - ' dgItt' a tee' F J f i.. d a �+3� a >�a� i. � �:a % d r• ,, , ,,.../ , , ,,..,..,,,, ,,,s, . „ ,.. • \,„,,,,, , , iti . ,..- . .: .„„ ilk - 1 ,- 4 Developing I 1 Protective Buffer Zone for the Better M - � •+ , `#� S erc ryo,dnance i,the area beyond rhiz zign �� e = a.ideas.p,•=m bar=•.e. he + • Buffer requirements *_ �wn� new development yts "� dmoe p. • e 3 •.d ma dada bw eaaa.. dil 1 • ' f _g~ This buffer protectz theaadjacaent wate.body'by _ - i� filtering pollutants from ormwa errunoff and ` �l r �; red g 'pro yo h me byp viding Flood storage and enhances wildlife habitat 7 _ ,(pal r �y A� 11'�i r Appel' 1�4,4�'rii: ,11� Ip''III ,_,..„___ • -valley p. ,t 14IF a- P, �i �It�c-._. wfil'�,�I b t1 !I �''1 t� 8 2/8/2022 • ,),04 ,,,4,„.7,.._ .. ,. ,--.'".. !.. tirmilibq 1 414"416' '-". '/ .1: I ki 414 N,40, � ,144 Continue•® �N ,r . ;I the Buzz F, ..c .„,, i: • � i Continue �' 1, simplified �\ +—•� ,i.~ r, ` program - 0„V/.A" r,„ 1 .. 411L/ • Continue ^.— ,. , Maintenance . 1-117,.- r 1 r' \� 41 -, • Advertise 1 ;14�i�.r : c- �I \', workshops t,i —3 •• Introductory ;.„ _ ; 411111! 7 c _ • Design �- 1 y jam. Targeted :!- , ..I' � .; )11f, •LI� . or' ' " 41 1 mailings •�: _ _,_\r "1 \ + mil - v .0 4 Queslions ? (2)„, } fis ,r.„-. • \ M Samantha Berger •® kr4 © . g� �V ,r Sberger@cityafapplevalley.arg ''` 952.953,2462 ' ' -,..._ ��1�� ,..alb" ` p 'hTY �✓ L,, Y\\\fi- 4 � ti 9 • ITEM: 5.B. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Regular Agenda Description: Conduct Public Hearing for Vacation of Gardenia Avenue and 151st Street W. Right-of-Way Staff Contact: Department/ Division: Kathy Bodmer,AI CP, Planner Community Development Department Applicant: Apple Ford Lincoln Apple Valley and Apple Auto Project Number: Properties/Gulbrandson Real Estate PC21-35-BG Applicant Date: 12/21/2021 60 Days: 2/19/2022 120 Days: 4/20/2022 ACTION REQUESTED: Conduct public hearing for the vacation of Gardenia Avenue and 151st Street W. rights-of- way abutting 7125 151st Street W. SUMMARY: Apple Ford Lincoln Apple Valley and Apple Autos Properties/Gulbrandson Real Estate request consideration of vacation of right-of-way of Gardenia Avenue and 151st Street W. abutting the property located at 7125 151st Street W. Apple Ford Lincoln requests the vacation to create a connected campus between the main Ford dealership property, located at 7200 150th Street W., and the Lincoln dealership, to be constructed on the 7125 151st Street W. property. Apple Valley Ford Lincoln proposes to remove an access to 150th Street W. (County Road 42) by vacating Gardenia Ave. In order to vacate rights-of-way and easements, the City must determine that there is no longer a public purpose for the subject public grounds. The City Engineer is reviewing traffic counts to determine the actual use of the two right-of-way segments. Although the most recent Dakota County Visioning Study for CSAH 42 shows the Gardenia Avenue right-in, right-out access point remaining, removing the access would help improve how CSAH 42 functions. According to the 2040 Comprehensive Plan, CSAH 42 is classified as a Principal Arterial roadway, part of the metropolitan highway system intended to provide high-speed mobility and access between regional business concentrations within the Twin Cities metro region; removing access points from a Principal Arterial street benefits the system. Typically, businesses will seek as many access points as possible to major roadways for customer access and convenience. In this case, Ford Lincoln views a connected dealership campus and additional lot area they would gain from the vacated streets as more valuable than access to CSAH 42. In 1992, Gardenia Avenue was established in advance of knowing the types of businesses that would benefit in the greater area. As the area developed, Gardenia primarily benefitted Apple Valley Ford and the "auto mall" shops the most. With Ford now owning all of that property, the adjacency and internal function to the Ford/Lincoln development led them to request that the vacation be considered. BACKGROUND: The redevelopment plans for the Apple Valley Collision property at 7125 151st Street W. were reviewed by the Planning Commission at their February 2, 2022, meeting. The plans show that the five existing buildings would be removed to construct a new 20,800 sq. ft. Lincoln dealership building. The February 2 meeting was a public hearing to consider a conditional use permit for outdoor display and storage of vehicles; no comments were received from the public. No additional action was taken. Staff made contact with the three businesses most closely located east on 151st street from Apple Valley Ford. The following were contacted and notices provided to: LA Fitness local manager and the owner of record located in California, BMO Harris local manager and the owner of record in Chicago, and CVS local manager and the owner of record in Rhode Island. None of the three businesses has direct access to their site from the requested vacated right-of-way area. However, customers, delivery vehicles, and others nearby may be affected by the loss of the rights-of-way. The only action requested this evening is to conduct the public hearing on the vacation application. Apple Ford Lincoln has applied for a conditional use permit (CUP) and site plan review/building permit authorization for the redevelopment of the 7125 parcel to create a Lincoln dealership that would be tied to the Ford dealership property. Staff recommends that action on the vacation coincide with the review of plans for the new Lincoln dealership site. Attached Plans: 1. Right-of-Way Vacation: Drawing and legal description depicting segment of right-of- way requested to be vacated. 2. Right-of-Way Easement: Drawing and legal description depicting portion of Apple Valley Ford property (7200-150th Street W.) to be dedicated as right-of-way easement to create a cul-de-sac on 151st Street. 3. Alta/NSPS Land Title Survey: As-built survey showing current conditions of the "Auto Mall" property (7125-151st Street). 4. Demo Plan: Drawing showing extent of redevelopment of the site including removing the five existing "Auto Mall" buildings. 5. Site Plan: Drawing showing the new 20,800 sq. ft. Lincoln dealership building with parking, display areas, and drive aisles shown. 6. Color Renderings: Prototypical view of building exterior. BUDGET IMPACT: The EDA has a property interest known as Outlot A, APPLE VALLEY FORD ADDITION, that is affected by the proposed plans and vacation requested. The EDA owns and leases Outlot A to Apple Valley Ford to retain the 151st right-of-way as a future frontage for a through street if needed. ATTACHMENTS: Map Plan Set Presentation :: i�7..3, , ;.a .7, 1_- .i_„-0 9-:.In .. .1'.11L i_,l1 _I,l. _ . 1 9�' q 1 • 11 y i .,, .'' 150THSTW II .� , 3• ,■ _9_ 999. _ - _ 150TH ST W--=' 9T- - m,' . 1 00 a 49 • li - J BMO. • Speedway .. = Y. p • A le Auto - Harris , pp Collision Bank-' CVS Requested _ -____ Pharmacy Vacation .a r.i , .'' gatiNEVO OUtI€t al, , N.G is .. rf ..=.4aiiita.2. i •"RiII '. 4, r.o ' ,'::.. ' ) Apple Auto. ,� .n ,3� a ,.-N Ford .. ■ New Right-of-Way �_ �.'a 9 w ' " for Cul-de-Sac -. 53�, ‘ :4 . '''_� ail � _ 'r.I .. , . ' ,'1 ai , 152NDSTW I �� _J — se -- 250 125 0 250Feet iit ' APPLE AUTO LINCOLN Apple17:IW . �� Valley I 'F a VACATION �' r, 'rif— r i�a I' N - t ��„ I ,,, W � - E �ti d i S AN1E1 , . r ■ Z g1 v LOCATION MAP 4s!- -Do; - � ` -pr.1 ■-.n a .------ s V - I C7 1 i 14975 150;ll5Q°1d 15030 4 E 0> 1 14980 1 I dB. i DD. a --- I Pt - - • 9h41— — — — 460ffi&MW- — — 4 t_ - - - -.50Mr&t W- — — — j - L i. i. f. m ... 4.. SO" .,. .IXI 15020 �j'O� 1 so"r►ivon*wurtr►, 14# IV ems r. �� + `�oOk (11 ADDITION 5 15020 �i a • •1 3025 ' v 4 ; SITE t 1'50'1 a H a OUT LOT A 151ststw I 1 ,qA 7200 I 1 — A�F iS FILIP1271 b 1 II '444 1 MIT ek p ism°'10 i, 1t. = , a SON `_� 1 2 4 1s135 I t 1 J PP II 4.. •. I .. N. 152nd St W 152nd St W 152nd St W I t 2ridSt W 4 1 • a »------- a me or I • I I I I i 1 - 71,53 7079 217 1522Z l • Source: Dakota County Apple Auto Lincoln Redevelopment Half Section Map � _ _ _:,� 15 2 ND ST W ,; , . - T 1 ad •4 1 . f I� + z1 ' ' . "::2E. .4: -..1, I -v. 'It:- ,t1tettL: -4 �1 d1jj; it Y• `' �ID �! '� ,4 ,a10 4iii al J111 •'01.0....' 1 -7 aiii.. . t ,.; —• ...,.. 71111ir ab di i ....7., ' _ Allo • g le- ..... . :. t.. = APPLE FOR ► it - f,aataM= v... .,> rn le r t i E �" .a :.a - APPLE VALLEY � � ram ! . ^' �• , mI 3: I .G MO .NP. WW1. 51ST ST W 1- , 1 .,a . r all ' �i urn* �•- J� ;�� � OIL il • :f+J`-...."• . - I •i. - ) .' II . , _ . .. . m ,„...,, ,.4 ..ill .4 z: -' ..-:: , • at j. ) 1.0.1 I. li .—i ' ' ' .. rl-1 ; ' Pt: --L. '4:: '- * ill. T Le.,,h..Li. C- .� _ e o _ .nc;a IN. i _ _ - CSA H 42 (150TH ST W)am• _ r:- -- ° s '�,�a.No 'Jim ,�,�yyf,�1� Oblique I < Sat Apr 20 2019 > _.� .1 N APPLE AUTO LINCOLN REDEVELOPMENT 7125 — 151ST ST W LEGEND • DENOTES IRON MONUMENT FOUND O DENOTES IRON MONUMENT SET E❑ DENOTES EXISTING ELECTRIC BOX IN DENOTES EXISTING COMMUNICATION BOX IN DENOTES EXISTING GAS METER IEMI DENOTES EXISTING ELECTRIC METER P--DENOTES EXISTING POWER POLE LP DENOTES EXISTING LIGHT POLE ® DENOTES EXISTING STORM MANHOLE OD DENOTES EXISTING CATCH BASIN - - - - - - - - - - - - - - - ,L DENOTES EXISTING F.E.S. DENOTES EXISTING HYDRANT 40 0 40 80 EXISTING CONCRETE CURB © DENOTES EXISTING SANITARY MANHOLE ■ ■ DENOTES EXISTING RETAINING WALL C 0 U N T Y 5 T A T E A I D 11 W Y. N O. 4 2 o o DENOTES EXISTING FENCE • SCALE 1"=40' DENOTES EXISTING UNDERGROUND COMMUNICATION LINE c DENOTES EXISTING UNDERGROUND GAS LINE ■ • EXISTING CONCRETE CURB 0 EXISTING CONCRETE CURB El DENOTES EXISTING UNDERGROUND ELECTRIC LINE ® ■ DENOTES EXISTING UNDERGROUND FIBER OPTIC LINE LE © LE 3 LP ® E LP ® LP OHW DENOTES EXISTING OVERHEAD WIRE a SIDEWALK a ° PP a N89°46'46" g '° o a , O0 ' a PP DENOTES ITEM FROM TITLE COMMITMENT, SIDEWALK s e be° w SIDEWALK P IB-10� 50.00r**, + fD MAG NAIL SCHEDULE B, PART II 3" _ 94�� LP LP LP LP 3 LP Ef _ a 50 EXISTING CONCRETE CURB ■ i EXISTIYJG CONC TE CURB ; 4.2 DRAINAGE EXISTING CONCRETE CURD 5o \ cd I I I I 5 UTILITY EASEMENT DENOTES RIGHT OF WAY TO BE VACATED 18'1 / \ a 1�, L1 0BITUMINOUS SURFACE BITUMINOUS SURFACE I 0 v 73.1 BITUMINOUS SURFACE . < ?53.3 50' BUILDING SETBACK eZ •1 LP EXISTING CONCRETE CURB EXISTING CONCRETE CURB EXISTING CONCRETE CURB EXISTING CONCRETE CURB LP U ( 0 LP ) ( LP j LE ( j k LE) < u_ j 0 O -c, EXISTING U cn BUILDING Q i--------- W w _L> 1 1 . Z m 0 m 2' m H TRA511 TRASH _ 0>7 ENCLOSURE 153.3 ENCLOSURE z -. \.4 �' > > > 73.4 N Rene I o C , ♦ Q U ID U U U ♦ r . w w w - ,. I 1 -I- I Irs ,� rs -r LOT OT U ♦ \ ,♦' w W CO W W �. I I I I I 1 1 I I 1 ! 1 L I BITUMINOUS SURFACE z �, m C). cL U/ U/ t. % \/ %....• \/ 1 I I I \/ 1 ♦ I E N I 1-. 3 LP U� z z z CONCRETE EXISTING CONCRETE CURB CONCRETE w ♦\1 1 U U U 0 0 011J �9.0 - 54.0 )) - 54.0 49.0-7r j cz w v < < U U U U z W z z w1 U w U z ` I B° c l z N N �CZ I- Q O O w W w Ie w w z rY © > U O m w uw c U oU 1 z n O a z Q U < < U < 0 0 X o m cz EXISTING w z 1 0 > w �.w BUILDING w �, X o `'' w EXISTING z m m In N rn w cn n z W x 5 3: LE 3 LP m 3 LP 0 LE ' CO z o cm BUILDING Z a 0 6- ° 0 0 o w 1 m U,, 0 z - z U m CO : M m ° m n STREET RIGHT OF WAY VACATION DESCRIPTION % 00 F ° Ng w o m NC to (APPLE VALLEY FORD i ch �- EXNCEO ADDITION) LP �i Cr) v,J,, 54.0 t}� - 54.0 u - 49. M CO • 49.1 CONCRETE EXISTING CONCRETE CURB CONCRETE I° � M. _e r- „ I I r. -1- 1 I �_� 5.0 Vacation of all the existing right of way of Gardenia Avenue as platted and depicted per SOUTHPORT � �t' , �°v�0 z. ° �o I - I" I" I % i I I r, „ „ A BITUMINOUS SURFACE H o 4- GONG 1-6 W' - ° 1 ..- I % I ��y 1- FOURTH ADDITION lying south of the souther) right of way line of Count State Aid Highway No. 42 3 LP �t C,)° 103.3 O O 103.3 13.6 Y g Y g Y Y g Y • °°N°� I and lying easterly of and adjacent to the east line of Lot 1 Block 1 and OUTLOT A APPLE VALLEY D • � 11 EXISTING co EXISTING 2" E Y g Y J , W ' ') ° BUILDING �a BUILDING 6 3LP °,� L z FORD ADDITION, all according to the record plats thereof, Dakota County, Minnesota. O G°NG���� Q 4 I O O [ ° ~ ��0 � �0_, \) FP° S�O��IP�� ���Q_ N ZQ �U 103.3 co cRETE 103.3 r13 d F5.0 n X \ �\�0 0)° N°� a 0Z SOUTHWEST CORNER OF BITUMINOUS SURFACE A r-. r� I -1- I ,s. 1, I U ILI w -e-LP �� �� q_Ot � • °���� 0�v�\ \ Q LOT I, BLOCK rn i`� i i i i i i i\I 1�" GONG�� O°NO CD o SOUTHPORT FOURTH ADDITION. LU cd z I. O NC'-, SANG • ;, L_ �_30' BUILDING SETBACK r t J 1n 0 �� �� ��e Q,, 15 I I f1 C \ h C�l O L P z • LP ��° w EXISTING,LO1CRE Cyr �O EXISTINGGON�RETEG�RB z STREET RIGHT OF WAY VACATION DESCRIPTION �� w 50 /_ G 5.2 m , .,,, G°°N° . LP Q , LP I -N89°47'12"E - o -1 + °' w 5C)- P�� z 1 (SOUTHPORT FOURTH ADDITION) �� tX L \ 190.56 DRAINAGE UTILITY EASEMENT Y� `, ��� 0v \ Fb IPA U c c I- r, c- c r •rU I � BITUMINOUS SURFACE ��c- @ ''� e e L # E SIDEWALK I I I I SIDEWALK- I 1 Oz LP ' " O I6" In eP .• LP • LE LPj ; - J > �/ w EXISTING CONCRETE ICURB `�b OGj � p�0"W EXISTING CONCRETE CURB Vacation of that part of the existing right of way of 151St Street West lying southerly of the south m M EXISTING CONCRETE CURB c:0 V t\t\°Gj� BITUMINOUS SURFACE PAVERS _ ♦ oM �-- >\� line of Lot 1 Block 1 as platted and depicted per SOUTHPORT FOURTH ADDITION according to the 5 M co o p p� p g o _ ♦,♦` ♦�` ♦ 14 co °� Q // /^ EXISTING CONCRETE CURD f-‘\ ♦ z „ �'= 15 I5T STREET WEST recorded plat thereof, Dakota County, Minnesota and described per Document 75211 which lies BITUMINOUS SURFACE (^�\y/ EXISTING CONCRETE CURB rY r: U LP li♦�'l LP 4-I4" 14"4- m �,LP ,LP ,� a a westerly of a circular line having a radius of 66.50 feet concave to the southeast drawn from a point 1 SIDEWALK •■ FD IP SIDEWALK US C S C S c S a C S C ° C s C C S d a C g' ® I C S C C S °d C a S S 50.00 126.06- on the south line of said Lot 1, Block 1 distant 190.56 feet east from the southwest corner thereof to ��� � LP � S89°47'12"W S89°47'12"W �� LP LP �7 3 LP 3 LE 3.LP 3 LP 3 LP 0c CONCRETE SURFACE CONCRETE SURFACE EXISTIIVGCONCRETECURB EXISTING'CONCRETECURB EXISTING CONCRETE CURB a point On the south line of said 151St Street distant 126.06 feet east from the southwest corner of 7oLvj }�(., EXISTING ...------) 3LP said 151St Street as platted and depicted per said plat. BUILDING , ,. _I_ A r. 1 „ „ 1 e A I I 1 1 I I I-4. I I I I K I L- ♦, i i ( 0 LP ) / 11) I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED REVISIONS PREPARED FOR: DESIGNED CHECKED SHEET REV. CONSULTING ENGINEERS, BY ME OR UNDER MY DIRECT SUPERVISION AND KIMLEY HORN ROBE PLANNERS and LAND SURVEYORS THAT I AM A DULY LICENSED ENGINEER UNDER DRAWN DATE ENGINEERING THE LAWS OF THE STATE OF MINNESOTA. PM 12-10-2021 I A w 4 0--ge 767 EUSTIS ST., STE 100 SCALE RIGHT OF WAY VACATION OF ,-, . P C OM PR NY INC . ST. PAUL ,MN 55114 JOB NOA. SHOWN I L. DATE 12/10/2021 REG.NO. 19086 17739.00 APPLE VALLEY, MINNESOTA 1000 EAST 146th STREET, BURNSVILLE, MINNESOTA 55337 PH (952)432-3000 `� " J, r 1 LEGEND • DENOTES IRON MONUMENT FOUND O DENOTES IRON MONUMENT SET ❑E DENOTES EXISTING ELECTRIC BOX ® DENOTES EXISTING COMMUNICATION BOX GM DENOTES EXISTING GAS METER IEMI DENOTES EXISTING ELECTRIC METER PDENOTES EXISTING POWER POLE LP DENOTES EXISTING LIGHT POLE ® DENOTES EXISTING STORM MANHOLE Q❑ DENOTES EXISTING CATCH BASIN — — rl — — — — — — — — — — — — — L DENOTES EXISTING F.E.S. DENOTES EXISTING HYDRANT 40 0 40 80 EXISTING CONCRETE CURB © DENOTES EXISTING SANITARY MANHOLE ve DENOTES EXISTING RETAINING WALL C 0 U N T Y S T A T E A I D 11 W Y. N O. 4 2 DENOTES EXISTING FENCE SCALE 1"=40' DENOTES EXISTING UNDERGROUND COMMUNICATION LINE G DENOTES EXISTING UNDERGROUND GAS LINE DENOTES EXISTING UNDERGROUND ELECTRIC LINE EXISTING CONCRETE CURB DENOTES EXISTING UNDERGROUND FIBER OPTIC LINE EXISTING CONCRETE CURB rl ❑ oHW DENOTES EXISTING OVERHEAD WIRE © E LP ® g LP 0 LP ® LP ® LP a �1 DENOTES ITEM FROM TITLE COMMITMENT, SIDEWALK '< . PP ° SIDEWALK d g o ° • ad ° W SIDEWALK r ° ° • PP ND IP e I. IB-101 SCHEDULE B, PART II r ° #14 2 t Pb MAG NAIL - IS ING ONCRET: CURBo ISTICJG CONC TE CURB ' 4,2 3 LE 3 LP LP 3 LP LPE LP 50 5 \\ DRAINAGE 0 I I 5 /—UTILITY EASEMENT JEXISTINGGONGRETEGURB DENOTES PROPOSED RIGHT OF WAY .. 18 ,/ % ,. CI) 18 BITUMINOUS SURFACE BITUMINOUS SURFACE 19 a Imo;LI u 73.1 50' BUILDING SETBACK BITUMINOUS SURFACE < r �s cZ •1 LP EXISTING CONCRETE CURB EXISTING CONCRETE CURB EXISTING CONCRETE CURB EXISTING CONCRETE CURBS LP U EXISTING A LP ( 0 LE ) ( 0 LE ) ( ALP ) cz I 0 BUILDING N u Ui 0 0 4 0 (------------ w 0 12' � TR�4 HSI1S TRASH I u_ic/ I • m Z m m m" . ENCLOSURE 153.3 ENCLOSURE U ... `, '-U 0 0 0 73.4 T CONCRETE - ° z0 C , \ Q U 0 U U . �` Y. w Lu m w w i� i� I 1 -r 1 I r� ,♦ r� —1 LOT z o I I I I I I- I-' I II'( I BITUMINOUS SURFACE p \, V' m .. \J ♦. 1 1 I I ♦/ I % I I E ,'---1 1 t.`b' LP z z " _ z CONCRETE EXISTING CONCRETE CURB CONCRETE co w LU Q A < < � z LU z I z EXIS `'IRIG 49.0--ram cz W U 0 u_ u_ U BUILDING �; w RIGHT OF WAY EASEMENT DESCRIPTION U) cn I8 Z In In UQ U- D p * n LLJ w I LU U Q m o z (APPLE VALLEY FORD THIRD ADDITION) CZ u un 0 0 z Q Q Q Q �, o U, Z Z U IL c m z 1- w •• 1— w EXISTING �.w en 0 0 V w n X H 0 zan n w -�Lw ALPBUILDING = 0 6 z o z A perpetual easement for right of way purposes over, under and across that part of Lot 1, Block 1 j LE m 0 LE 0 LP z z z 0 O o °' z 0 1 • al I m fo 1 H Ln APPLE VALLEY FORD THIRD ADDITION, according to the recorded plat thereof, Dakota County, c- 6F o 1n 11C m _ % r ' ° �����' Minnesota lying northerlyand northeasterlyof a line described as beginning at a point on the east ° I EX. FENCE O t. 54.0 - �'''Ty�e'/ 54.0 - 49.. S f'LE I � °9.1 CONCRETE EXISTING CONCRETE CURB CONCRETE _ �! l So line of said Lot 1, Block 1 distant 53.00 feet south from the northeast corner thereof; thence lipr LP 4 9r =D r- i's 1 1 r-. -1- 1 IBITUMINOUS SURFACE��0 NN F- I I I I I-( I I--I d c&C\- 2'0 .1.1w, . I-A I._ :; :, K\ I '- , 0 westerly, parallel with the north line of said Lot 1, Block 1, a distance of 64.42 feet; thence ��� 103.3 103.3 13.6 C..., . 2 05 © EXISTING • ` o- ° I EXISTING BUILDING ♦6° northwesterly and northerly a distance of 90.68 feet along a tangential curve concave to the ��� BUILDING Q. 0 12„ E ALP �� �. � �6" northeast having a radius of 66.50 feet and a central angle of 78 degrees 17 minutes 14 seconds to 0 U GP--e- P Q 4' I p © z 4-1011 00cz ��\�,\\\AOU °°N 5`��,o_sp,Gt S�Ot\\ ' � S���PG� W 9 1 .4 CONCRETE103.3 �oNCRETE 103.3 rt�3 _ 5.0 the north line of said Lot 1, Block 1 and said line there terminating. �No� ��� 0�5 0 __ U w LP �� w� �� ��° ��N ► BITUMINOUS SURFACE CZ A r r I 1 1 , n 1 w ����°v e\ °����Gv . �� �Nw c0 �_\ I II II I II 1 1 I ° 06 / \ I-/ 1--, I I I \., 1 Y ti CD ��\��\NGCON �� ��GOOe _1 r _1 t r _30' DUILDING SETBACK t L t L J ° \)0 Q• 15 L' %11C NC�I0 z LI �G w " EXISTING CONCRE CURD / %O EXISTING.CONCRETE CURB / 5.2 <`` ON°�t w U 0 5p 4 n. r' " O x < < \,J G O • LP UI I cn LP --o w 0 LP os `� \' 100"CpN� o L. '� E DRAINAGE * . UTILITY EASEMENT 7 �, BITUMINOUS SURFACE U IP o --,-- n a�E e ,� °L D • ‘ n �y l �G SIDEWALK I I ���� I SIDEWALK- I I z A LP 4 I GI, I.pejb ALP ALP • LE LP f /a� EXISTING CONCRETE CURBEXISTING CONCRETE CURB - . I- d co EXISTING CONCRETE CURB PAVERS ;\ s o Ti BI MINOUS SURFACE II \ co ^‘ \ °O \� `‘`, 14" EXISTING CONCRETE CURB '��\ \ < ` 15 I ST STREET WEST BITUMINOUS SURFACE <^0y J EXISTING CONCRETE CURB LP J , ♦\' LP S89°47'12"W LP -) I Il :] IIMMIDI r FD IP SIDEWALK 174.57 SIDEWALK ° U 8—011 Z C8—� 8 9 I;• S S S eS � 9 C ° S C•• 8 hi� NORTNEAS`f CORNER OF J� LP f P LP OT I, BLOCK I, APPLE VALLEY / �� ® �LP �LP � LP j�LP LP �� FORD THIRD ADDITIC N. CONCRETE SURFACE EXISTING CONCRETE CURB Ov CONCRETE SURFACE l 00 M C 7.,M=7;cj / M om_��,0C) `' EXISTING �� `6°,�° U 0 L o L.„ BUILDING r, I .... .... I , �0 'Sp 7 '74„ ` l/� I ,. —1— AvJ I I : C' • 90 64.42 yam S`S7° 86 S89°47'12"W 8396941/'"E II 0LP ) / // I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED REVISIONS PREPARED FOR: DESIGNED CHECKED SHEET REV. CONSULTING ENGINEERS, BY ME OR UNDER MY DIRECT SUPERVISION AND KI M LEY HORN ROBE PLANNERS and LAND SURVEYORS THAT AM A DULY LICENSED ENGINEER UNDER DRAWN DATE ENGINEERING THE LAWS OF THE STATE OF MINNESOTA PM ,, \ Aiwz-P-012-10-2021I767 EUSTIS ST., STE 100 SCALE RIGHT OF WAY EASEMENT OF P I` AS SHOWN 11) COM PR NY INC . ST. PAUL ,MN 55114 JOB NO. I DATE 12/10/2021 REG.NO. 19086 17739.00 APPLE VALLEY, MINNESOTA 1000 EAST 146th STREET, BURNSVILLE, MINNESOTA 55337 PH (952)432-3000 `� �� JJ LEGEND • DENOTES IRON MONUMENT FOUND O DENOTES IRON MONUMENT SET E❑ DENOTES EXISTING ELECTRIC BOX ® DENOTES EXISTING COMMUNICATION BOX El DENOTES EXISTING GAS METER IEMI DENOTES EXISTING ELECTRIC METER P DENOTES EXISTING POWER POLE 950.07 LP DENOTES EXISTING LIGHT POLE ® DENOTES EXISTING STORM MANHOLE OD DENOTES EXISTING CATCH BASIN 949.27 949.44 - - - - - - \\- r - - - _ - - - - - SIGN / _ ,L DENOTES EXISTING F.E.S. SIGN SIGN SIGN 950.46 DENOTES EXISTING HYDRANT 40 0 40 80 949.91 EXISTING CONCRETE CURB 950.40 © DENOTES EXISTING SANITARY MANHOLE • • =DENOTES EXISTING RETAINING WALL lo o DENOTES EXISTING FENCE • SCALE 1"=40' / DENOTES EXISTING UNDERGROUND COMMUNICATION LINE \ 0 1950 c DENOTES EXISTING UNDERGROUND GAS LINE \ n949.25 949.38 �950.03 EXISTING CONCRETE CURB I-I950.36 DENOTES EXISTING UNDERGROUND ELECTRIC LINE EXISTING CONCRETE CURB 949.60 /� DENOTES EXISTING UNDERGROUND FIBER OPTIC LINE r- 951- - 950.97 -' 950- LP 950.2 I - - �/�5�60- --� OHW -951• - - -_ - - LPSIGN LP - - - - - - LPDENOTES EXISTING OVERHEAD WIRE SIDE_WALK PP- SIDEWALK _ re-LP-951 #14 N�9-4��a 2�� �0.01 +� i. SIDEWALK.-952 �! PP IB-101 DENOTESITEMFROM TITLE COMMITMENT, 3" - - 1� _O Fr i AG NAILSCHEDULE ARTII B P3" 3" - - - / - -951 o -952' - r o -952 - - - 3 '/ - - - � � � 3� V_ 953- - - J _� �- - / _ __ -951• - - - - / \ t -EXISTING CONCRETE CURB^//�` - , . -EXISTING CONCRETE CURB - ` 4•12 3 LP LP , LP :0_949_ 3 LP LP 3 LP SIG 5 I I9Sz_ 5\ DRAINAGE/ EXISTING NCRETE CURB / I - _ / i -g52 -I. I �IGNI UTILITY EASEMENT / SIGN - -\ / I V 954 / I / / // ` \ Q + V Imo, I BITUMINOUS SURFACE J BITUMINOUS SURFACE j I To: Kimley- Horn and Associates, Inc.: / N U _1 ` I Wells Fargo Bank, National Association, its successors and assigns: / BITUMINOUS SURFACE N I 153.3 r 73.1 I I •; LP EXISTING CONCRETE CURB EXISTIN/G CONCRETE CURB EXISTING CONCRETE CURB \EXISTING CONCRETE CURB L Old Republic National Title Insurance Company: "I / Q I I n EXISTING I // Burnett Title, as issuing agent: �M•� I BUILDING- j�LP - _ • - l ELF ) 1 I D L L cZ cz L pz oz ` 1 m r 0 0 0 0 0 0 0 0 0 l / 1 94 / y o o o ° 0 6,774 SQ. FT.o n o 03 0 eo o oo o I I This is to certify that this map or plat and the survey on which it is based is a correct representation of the land platted and has been performed in accordance with the 2021 Minimum Standard Detail w 9 1 Q N Q N Q Q Q N Q z) Q N Q in Q in w ,, `_-\ 0 2' TRASH (3m o m 0 m O m 0 m 0 m 0 m o m o m Tom" I Requirements for ALTA/NSPS Land Title Surveys,jointly established and adopted by ALTA and NSPS, z /° \ j - co 14- fE m ENCLOSEP� 153.3 �r ENCLOSER I and includes Items 1, 2, 3, 4, 5, 6(a & b), 7(a, b1, c), 8, 9, 11 (b), 16, and 18 of Table A thereof. I 0 / Q ( O u O 73.4 CONCRETE / U \ w ~ w - - - - 952 - - -952- - - 1 z // \ 0 1 `° BITUMINOUS SURFACE �O T _ _ - _ - > I 1 The field work was completed on , 2021. co I _ E / \ LP ( z z `� z CONCRETE- -I EXISTING CONCRETE CURB r CONCRETE J m I c� �- I EX I S `II R1 G 49.9 m / w _Q_ _ cp z z �I Fz. 1 I BUILDING I Dated this day of 2021. / U / D \\ \O� x x I GAR FLOOR I I GAR FLOOR cz 1- GAR FLOOR w z I QS 95 I.80 Q cz / O 952.39 ' 952.46 952.47 U 0I U / L D �CP `\ o o z r _ I U1 o DRAFT / o) I GAR FLOOR I 7 / GAR FLOOR GAR FLOOR cZ z O ` ° \ / 952.46 / o Russell P. Damlo RLS 1 952.47 952.40 e N z O p // \ w O• I I / F EXISTING v.w 1 / ' N I w GAR FLOOR GAR FLOOR L N //W / F �`0 Minnesota License No. 19086 I \\ LP / j�LP m j LP \\ j LP ch I I I z BUILDING °' / O / \\ O 0 952.47 952.45 rn oO- J/ I w M Probe Engineering Company, Inc. D \ I I ° ci, GAR FLOOR o _z z I u ryGAR FLOOR GAR FLOOR u / m / \ I S I 1 ° 952.47 u1 ° g I �952.45 952.28 6 / \ = I GAR FLOOR I GAR FLOOR GAR FLOOR ~ 0 a \ LF \ 952.47 0>7 1 m 1 952.44 952.48 CO .9 1 5,372 SQ. FT. / I 1 , 5,350 SQ. FT. n co I / 4e, 1 GAR FLOOR I GAR FLOOR 0 1 \ 952.44 n / \ I 952.32 I / CD-(.Y.)- /: PROPERTY DESCRIPTION: Lot 1, Block 1, l / o o EX. FENCE ) GAR FLOOR I / GAR FLOOR ( o SOUTHPORT FOURTH ADDITION / \ "n I - TNH I 9 u) r)951.65 m Z \ IFionwi, 54.CP52.43 f ( '- g54.32 \ 54.0 �® / Located in the County of Dakota, LPT I 49.1 - - - -souicR '/ / - c ° � '- - - 49.0 - State of Minnesota. virrc--- �- EXISTING CONCRETE CURB L5 0 / ��0 / l'z' =o BITUMINOUS SURFACE _/ 952 BITUMINOUS SURFACE �o I Recorded as Doc. No. 3476763 \ / °V, ^/ GONGS \ I ALP 11' 1I�' • • I itI K. / I W \ SITE ADDRESS: 7125 151 st Street West v 'I / °v, m \ LP Ge \ JI 103.3 I 103.3 13.6 Apple Valley, MN 55124 ���� J I I M EXISTING I�MI �./ pp y ` G _ / EXISTING _� �- 6"� co / 1 ■ l \NjG•N I BUILDING I I BUILDING �� �� �� 5� _ 0 1 E IF TOTAL SITE LAND AREA: 105,902 Sq. Ft. = 2.43 Acres u / I co ��\ / ,I M 5,563 SQ. T. • 5,584 SQ. FT. I,� I2" w / v / / / cM o 0 0 o H 1 I 1 o° °o o° °o o° °o CURRENT ZONING: General Business (GB) L 3HLP ���" -947 / -q , �� I o � O � � 0� � � u u_ mu_m u_ mu_n u_ mu_ m z \ ��G / I I u_ m u_m u- m . v �� \ z I (4-I (See drawing showing setbacks.) I� S49.80 u � - � - �- � - 0/ 4, O ` / NG� / / I I&' a n Q � a n a (n o O u <m < m am < m < m < m z \ \._O-LNG GO QS PGA �� - ' F PGi/ I 1 O c9 m c9 m 103.3 CD a - / tg 0 \ 10 3 0 m FLOOD ZONE CLASSIFICATION: Zone X, Flood Insurance Map No. 27037 CO210E, Dated �� °j�� ' 1 / 1 'LIT-4- ' CONCRETE - I / n CONCRETE -13 cz - 5 I I / U 12-02-2011. O� I✓ BITUMINOUS SURFACE / ° BITUMINOUS SURFACE\ U- -\ G����G G��v G , G� �� iiii / \ \ I 0" oz I \ GON G0N - _ - r` g5`'/ 6? 9S I o UTILITIES SHOWN ARE PER FIELD LOCATIONS AS MARKED AND OBSERVED. SONG �S��NG • �/ 5 - // �14 a� u X LP / t w EXISTING CONCRETE CURB 1, EXISTING CONCRETE CURB 5 �� w y - l 5.2 (n I I ` - GONG 4. - -95 sir ,...---,-c, o" w ALTA/ACSM LAND TITLE SURVEY REQUIREMENTS (additional Table A Items): LD 1 NG • LP IX P o 952- �') " m �sw , - --949-- - - o D LI 1 I 952 70` - No. 16: Existing buildings are shown on this survey. INOUS SURFACE \ "�P-c- e- �c--c a ct---�f- ce j 1 a•' 8 @ rt- r, �� / ��- 1 \� 94 SIDEWALK T 51�� �4 \ i i SIDEWALKS I No. 18: No documentation was provided for appurtenant, offsite easements. I \ / 0 948 LP \ 6, 95 92 ��r 89°47'12��1;� 300.0'r- LP - - - - - J / /N ILimarrej g \ \ - EXISTING CONCRETE CURB 1 /`t/�48.64 EXISTING CONCRETE CURBi • LP/ / LPG 1 �$ o -949 I - - - / 1 \94�8.67 EXISTING CONCRETE CURB �`9 - /Y 1- _PAVER /} 1 n \\ BITUMINOUS SURFACE SIGN sIGN �- - - Current Title Commitment referenced for this survey is from Burnett Title Insurance Company, File No. 121-MITA- - a 2127018-12552, dated 12-20-2018. \- \ I4 \�\\ /� - _ -EXISTING CONCRETE CURB �\ / 948_ ` \ I 1 \949 / ��, /- - The items listed in Schedule B, Part 2, are either shown on survey, labeled as not affecting this property - - �/ / BITUMINOUS SURFACE N \ 97> I 1 - -EXISTING CONCRETE CURB' - \ \i - - _ _ or labeled as not plottable on survey. LP � / J' - \� --• &� i ALP 14 14- LP � � 3 LP II /� \9 \ I I'i' FD IP SIDEWALK SIDEWALK - -u� Per Burnett Title Insurance Company, Title Commitment File Number, 2127018-12552, dated 12-20-2018, 946.45 / / �S 948.73 F� / / _(D949.63�:- 1----- �� e e� e h 3 9 ° 8 �� 4 ° 9 9 3 Schedule B, Part 2 exceptions affecting this property are listed below: / 3 C.) .- I LP \ 3fLP 1\ i 4� 0 `� � - - -- - _ _ /�\ Item No. 12are LP �GQ� CONCRETE SURFACE CONCRETE SURFACE 95O 58 EXISTING CONCRETE CIRB�947,g�� i_J - - - - - EXISTING CONCRETE CURB' 1 EXISTING CONCR TE e CURB ,...__} A� �� / EXISTING \ ` - - U ( I CONTACT CITY OF APPLE VALLEY FOR SANITARY SEWER, WATERMAIN, STORMWATER C / BUILDING II �� 1J LP I / MANAGEMENT AND STREET MAINTENANCE. J j I // 952-432-2500 /_i 1 C LP CONTACT DAKOTA ELECTRIC ASSN. FOR ELECTRIC POWER MANAGEMENT. / ) , - - 651-463-6212 \� �� CONTACT FRONTIER COMMUNICATIONS FOR TELEPHONE MANAGEMENT. 800-778-9140 CONTACT CENTER POINT ENERGY FOR GAS SERVICE MANAGEMENT. 608-223-2014 CONTACT DAKOTA COUNTY HIGHWAY DEPT. FOR ROADWAY MANAGEMENT. 952-891-7900 REVISIONS PREPARED FOR: DESIGNED CHECKED ,-, . SHEET REV. ROBE CONSULTING ENGINEERS, KIMLEY HORN DRAWN DATE PLANNERS and LAND SURVEYORS PM 11-29-2021 1 ENGINEERING 767 EUSTIS ST., STE 100 SCALE . . - -, \__- AS SHOWN ALTA NSPSLAND TITLE SURVEY OF 11) COMPANY , INC . ST. PAUL ,MN 55114 JOB NO. MINNESOTA APPLE VALEY, l L 1000 EAST 146th STREET, BURNSVILLE, MINNESOTA 55337 PH (952)432-3000 L. `\ 17739.00 REVISED 1 -26-2022 ci�i 950.03 950.36 DEMOLITION PLAN NOTES m m -co �949.60 } - - - n - - - �- - - - - / r' 3950.60 S3950.97 1. THE CONTRACTOR IS RESPONSIBLE FOR THE DEMOLITION, REMOVAL,AND DISPOSAL(IN A LOCATION LU o h. J SIGN LP LP KEYNOTE LEGEND APPROVED BY ALL GOVERNING AUTHORITIES)ALL STRUCTURES,PADS,WALLS, FLUMES,FOUNDATIONS, Q Q - - - - � � - - -y LIMITS OF ELc - PPPARKING, DRIVES, DRAINAGE STRUCTURES, UTILITIES,ETC.SUCH THAT THE IMPROVEMENTS ON THE 0 tCc ELC ELC DISTURBANCE _ _ O PLANS CAN BE CONSTRUCTED.ALL FACILITIES TO BE REMOVED SHALL BE UNDERCUT TO SUITABLE co \ FD IPO _ A REMOVE TREE(TYP.) MATERIAL AND BROUGHT TO GRADE WITH SUITABLE COMPACTED FILL MATERIAL PER THE PROJECT E I I �� #14\ 2 0\� ,Q FDJ�IAG NAIL DOCUMENTS. O I ai . �/ I f f717 `• f� C i�w L% 7`/7 T77,% yz 7,7 OB REMOVE LIGHT POLE(TYP.) 2. THE CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING THE DEBRIS IN A LAWFUL MANNER.THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMITS Y0 LP IGN `f{. DRAINAGE REQUIRED FOR DEMOLITION AND DISPOSAL.CONTRACTOR SHALL PROVIDE COPIES OF THE PERMIT AND 0 I N `\ `}. `\ UTILITY EAE RECEIPTS OF DISPOSAL OF MATERIALS TO THE OWNER AND OWNERS REPRESENTATIVE. II `N. I` O SIGN CO IT REMOVE SIGN(TYP.) z �` 3. THE CONTRACTOR SHALL MAINTAIN ALL UTILITY SERVICES TO ADJACENT PROPERTIES AT ALL TIMES. O _16 l0 1 8" I ` c UTILITY SERVICES SHALL NOT BE INTERRUPTED WITHOUT APPROVAL FROM THE CONSTRUCTION C 1 `% �, P / \ -W Op PROTECT TREE(TYP.) MANAGER AND COORDINATIONB WITH THE ADJACENT PROPERTIES AND/OR THE CITY. W o 0 3 /Q `\ .‹ I 4. THE CONTRACTOR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO THE REMOVAL ���♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ AND/OR RELOCATION OF UTILITIES.THE CONTRACTOR SHALL COORDINATE WITH THE UTILITY COMPANY a) ♦♦��♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ CONCERNING PORTIONS OF WORK WHICH MAY BE PERFORMED BY THE UTILITY COMPANY'S FORCES F- It- ♦♦♦♦♦C.♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ �{ i =coL V LP �. II` - =♦♦♦♦♦♦��-4♦���♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦� \ / AND ANY FEES WHICH ARE TO BE PAID TO THE UTILITY COMPANY FOR THEIR SERVICES.THE \ \ .� :;_ :.♦♦♦♦♦♦♦♦♦���♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ `�. / CONTRACTOR IS RESPONSIBLE FOR PAYING ALL FEES AND CHARGES. .� ♦♦♦♦♦♦♦♦♦♦♦ '4 ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ e I _ �� ?�-►♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i4♦� REMOVE EXISTING ♦•♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦ 4 ►�♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦��♦�♦♦♦♦♦♦♦♦♦♦♦♦♦♦ , 5. THE LOCATIONS OF ALL EXISTING UTILITIES SHOWN ON THE PLAN HAVE BEEN DETERMINED FROM THE ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ • BUILDING ♦♦ "4♦ ♦♦♦♦♦♦♦♦♦♦♦ \ / BEST INFORMATION AVAILABLE AND ARE GIVEN FOR THE CONVENIENCE OF THE CONTRACTOR.THE :: Q ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦♦��♦♦♦♦♦♦♦♦♦ / ENGINEER ASSUMES NO RESPONSIBILITY FOR THEIR ACCURACY. PRIOR TO THE START OF ANY o 12° I �� 41 ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦O♦O♦•♦♦♦�C♦��♦♦♦♦♦ k�� ^ 'I EXISTING DEMOLITION UTIL T UTILITIES WITHIN AL CONTRACTOR L AREAS OF PROPOSEDNOTIFY WORK. UTILITY COMPANIES FOR LOCATIONS OF z I 'K I�♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦.♦.�♦.♦� y, tf AI ii i�/7 #��� Zff �f. - i �� ��I% I'�MI'FLY = ► 6. ALL EXISTING SEWERS, PIPING AND UTILITIES SHOWN ARE NOT TO BE INTERPRETED AS THE EXACT `T /�� ��/ LOCATION,OR AS ANY OBSTACLES THAT MAY OCCUR ON THE SITE.VERIFY EXISTING CONDITIONS AND 1. E k PROCEED WITH CAUTION AROUND ANY ANTICIPATED FEATURES.GIVE NOTICE TO ALL UTILITY I COMPANIES REGARDING DESTRUCTION AND REMOVAL OF ALL SERVICE LINES AND CAP ALL LINES PROTECT EXISTIN ru `, BEFORE PRECEDING WITH THE WORK. v YELECTRICI \ N \ .♦♦.♦.♦♦♦:♦♦♦♦"c • . �� /1 e♦:♦♦�♦♦♦♦1♦♦♦♦♦♦♦♦♦ 7. ELECTRICAL,TELEPHONE,CABLE,WATER, FIBER OPTIC,AND/OR GAS LINES NEEDING TO BE REMOVED 0 "' T I I I z, n• ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ d ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦4 OR RELOCATED SHALL BE COORDINATED WITH THE AFFECTED UTILITY COMPANY.ADEQUATE TIME (::) z z o I I I \ / ♦♦♦♦j♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦O♦♦♦♦♦♦♦ j♦♦♦♦♦♦♦j♦♦♦♦♦♦♦♦♦♦♦♦O♦♦♦♦♦♦♦♦♦ �I\� TOO(PROVIDE A SMOOTH DED FOR OTRANSSITION N UN AND CLOSE TILITY SERVICE.ICONTRACTOR SHALTH THE UTILITY COMPANY AY CLOSE co- NECESSARY 8 II d:♦♦�♦�♦♦♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�� ��♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦� R` S 95 I .Bc ATTENTION TO EXISTING UTILITIES WITHIN ANY ROAD RIGHT-OF-WAY DURING CONSTRUCTION. Q Q g ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ O o Q ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ U rn O - ►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦b '►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦� o ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ �►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 8. CONTRACTOR MUST PROTECT THE PUBLIC AT ALL TIMES WITH FENCING, BARRICADES, ENCLOSURES, co co 7- m PROTECT EXISTING ►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦" ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 1/♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦00 ETC.(AND OTHER APPROPRIATE BEST MANAGEMENT PRACTICES)AS APPROVED BY THE CONSTRUCTION o Et GAS LINE �►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ `j{, MANAGER. MAINTENANCE OF TRAFFIC CONTROL SHALL BE COORDINATED IN ACCORDANCE WITH APPLE I co '♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 4,♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ c \ I►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ; VALLEY, DAKOTA COUNTY AND MINNESOTA/DOT. Z♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ .� W ir> ,...............♦. r.,...............♦ 1 z `D ♦ 9. CONTRACTOR SHALL MAINTAIN ACCESS TO ALL ADJACENT PROPERTIES DURING CONSTRUCTION,AND IY to li.i 2 o �,� REMOVE EXISTING �:� r�' REMOVE EXISTING �4 o Z Y s„kSHALL NOTIFY ALL PROPERTIES IF ACCESS WILL BE INTERRUPTED OR ALTERED AT ANY TIME DURING = I- O • -c 0 LP ♦ BUILDING ♦ BUILDING ♦ CONSTRUCTION. I•I-I I 1 co iL ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�►�♦A ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦��♦� CU w Ct C r ♦ J I- ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦��� ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�� a NE 10. PRIOR TO DEMOLITION OCCURRING,ALL EROSION CONTROL DEVICES ARE TO BE INSTALLED. 2 CO ,§ 4_ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 11. CONTRACTOR MAY LIMIT SAW-CUT AND PAVEMENT REMOVAL TO ONLY THOSE AREAS WHERE IT IS E (7, 1,) ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦4 0 L. ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�► ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�► REQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT I F ANY DAMAGE IS INCURRED ON ANY OF N w oT ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�� ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ THE SURROUNDING PAVEMENT, ETC.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ITS REMOVAL AND ". ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦� '00 REPAIR. ati ♦♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�44 A♦♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�� Ni{. 12. THE CONTRACTOR SHALL COORDINATE WATER MAIN WORK WITH THE FIRE DEPT.AND THE CITY WATER \ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦j ♦♦♦♦♦♦♦♦♦♦♦�♦♦♦♦♦, 0951 .85 DEPARTMENT TO PLAN PROPOSED IMPROVEMENTS AND TO ENSURE ADEQUATE FIRE PROTECTION IS .N iri_,InrIe.,♦♦♦♦♦♦♦♦♦S / , A.`J TNH �4�4�4�4�♦�♦�♦♦♦♦♦�1.�t:SVI61 IICONSTANTLY AVAILABLE TO THE SITE THROUGHOUT THIS SPECIFIC WORK AND THROUGH ALL PHASES l � / 54.32 - 11 OF CONSTRUCTION.CONTRACTOR WILL BE RESPONSIBLE FOR ARRANGING/PROVIDING ANY REQUIRED cn WATER MAIN SHUT OFFS WITH THE CITY OF APPLE VALLEY DURING CONSTRUCTION.ANY COSTS 1E 0 LP I 17 'M ASSOCIATED WITH WATER MAIN SHUT OFFS WILL BE THE RESPONSIBILITY OF THE CONTRACTOR AND NO o O Ir EXTRA COMPENSATION WILL BE PROVIDED. > W m a �� .. �\ oo � F N- o r 1 2' \ o % `i _ 13. REFER TO SURVEY FOR ALL EXISTING INVERT AND RIM ELEVATIONS. ix < Z i =J , I t♦*�♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 0 w1:1- U (4 w `�♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦4♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ I 14. ALL UTILITIES SHOWN ARE EXISTING UTILITIES. ca co w = ui 2 I ci ( EV r' !♦♦♦♦��O♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦��O♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦ U 6" = 15. IN THE EVENT A WELL IS FOUND,THE CONTRACTORS HALL CONTACT THE ENGINEER AND OWNER _,<( Q w E o Y Lu z SIGN // Vsp^.�♦♦♦♦;♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦;♦♦♦♦♦♦♦♦♦♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�� vl �r O IMMEDIATELY.ALL WELLS SHALL BE SEALED BY A LICENSED WELL CONTRACTOR IN ACCORDANCE WITH u D o oO I- z ci -a r\� r�,♦♦♦♦♦♦♦♦♦♦���♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�•♦ 12" I ALL STATE O F M I N N ESOTA REQUIREMENTS. 1- n I- uwi Q < c isJ l / �:�- I O" I�♦�♦�♦�♦�♦�♦�♦� REMOVE EXISTING `��♦♦♦�♦�♦�♦�♦�♦� ♦�♦�♦�♦�♦�♦�♦�♦•• REMOVE EXISTING ♦�♦�♦�♦�♦�♦�♦�♦ Co 6"I Q a w w w o o / I �f�♦♦♦♦♦♦♦♦ BUILDING ♦�!�♦♦♦♦♦♦♦r ♦♦♦♦i♦♦♦♦♦♦♦♦♦♦♦♦♦i BUILDING ♦���♦♦♦♦♦♦♦♦♦♦♦♦♦• I 16. IN THE EVENT THAT UNKNOWN CONTAINERS OR TANKS ARE ENCOUNTERED,THE CONTRACTOR SHALL il ca n V = 2 N ��•'�♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦���♦♦♦♦♦♦♦♦♦♦♦♦y ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦���♦♦♦♦♦♦ I I O CONTACT THE OWNER AND/OR OWNERS REPRESENTATIVE IMMEDIATELY.ALL CONTAINERS SHALL BE } x J ~ < o O♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦O♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦O♦♦♦♦♦♦♦♦♦ LL o J WCA ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦,�♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�,�♦♦♦♦ I DISPOSED OF AT A PERM ITTED LANDFILL PER THE PROJECT DOCUMENTS. z = o �, S 949.4CU) ♦ ., w wQ = Q ,j♦j♦j♦♦♦j♦j♦j♦j♦j♦♦♦j♦j♦j♦j♦j♦♦♦j♦j♦j♦j♦♦♦j♦j♦j♦j♦j♦j♦j♦j����j♦♦ rj♦j♦j♦♦♦♦♦♦♦♦♦♦♦j♦♦♦♦♦♦♦♦♦♦♦j♦♦♦j♦j♦j♦♦♦♦♦♦♦j♦j♦j♦♦♦♦♦j♦j♦j���♦j♦ I 17. CONTRACTOR SHALL NOTIFY THE ENGINEER IF ANY EXISTING DRAINTILE IS ENCOUNTERED ON SITE. NO Q z g ix i- ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦ I ACTIVE DRAINTILE SHALL BE REMOVED WITHOUT APPROVAL FROM THE ENGINEER. m Li= Q w Om ns co Q _ _ _ ,I, O LEGEND = �m I W H II � U H - z w o _ Lam, sIL\ PROTECT EXISTING PROTECT EXISTING I II z _, J N - - n \ \...n SANITARY SEWER PROTECTE XIISTINGRIC 4% OII 11 - - PROPERTY LINE o UPROTECT EXISTING TELECOM I v < < N 2 � 11 GAS LINE REMOVE BITUMINOUS SURFACE O N fl- o I I PROTECT EXISTING PROTECT EXISTING II REMOVE CONCRETE SURFACE 0 rn H in '1 C/) > } N 0 TE LECOM I \ FIBER OPTIC C \i I / // a o o ¢ o > 00 II I ��y I/ / I/ �{* O �������������� REMOVE BUILDING = c0 c.l W z z W U 11 I14i 'I I "II I I I I I I < w _ L I II II LP SIG^ - T SIGN l O I I I CLEARING&GRUBBING a a o C p r II co I FULL DEPTH SAWCUT C co o I I I L 1I \\ + ® �� ''- B -EI } 3 = .�I REMOVE TREE Q 1 1 ^1 FIB6AS- C _� ��j�. 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W g II II I I=/ #� EXISTING HYDRANT 0 > 0 LV J II II Ce Cai ® EXISTING METAL COVER cn 1 Z a Z I E z J w V EXISTING ELECTRICAL METER Q \ © EXISTING AIR CONDITIONER /11 a/� -I a ��/ CL >- QT EXISTING TELEPHONE MANHOLE IL I.f� LV \ BO: EXISTING CABLE BOX NORTH a Q Q J c EXISTING GUY WIRE 7� Q a) \ -0- EXISTING POWER POLE Z w I> 'FT \ EXISTING LIGHT POLE C a G CL _J o) \ GRAPHIC SCALE IN FEET - Q 0 O EXISTING TREE 0 15 30 60 -IUJ SHEET NUMBER 0 EXISTING TREE LINE11 / C100 REVISED 1 -26-2022 c MENT SECTION MATCH EXISTING CURB AND PAVEMENT SECTION 150TH STREET ca a) LEGEND co o SIGN 0 LP - - - _ _ 0 LP - - PROPERTY LINE I- \ / `CONNECT TO EXISTING - \ i SIDEWALK SECTION - - _ _ _ PROPOSED CURB AND GUTTER 0 - 8 - \ j/ // /// // PROPOSED HEAVY DUTY ASPHALT = vONUMENT SIGN a) 9 0, EXISTING 10'D&U YLP UNDERGROUND STORMWATER MANAGEMENT SYSTEM I~'I EASEMENT I PROPOSED STANDARD DUTY ASPHALT o - _ Jj ENT SECTION I % b I 1 I O 16 as � % 37 PROPOSED CONCRETE SIDEWALK ; 1 IL O T MN T w .§ o a) 6M Jo WAYFINDINGJGNAGE N NI N O co E.V. I I 1 I // CHARGING r Li I\ R'o CSTATION j N r '42So �� SITE PLAN NOTES R25.0'ui o a= % 0 15 co V 1. ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONS o LPAND CODES AND O.S.H.A.STANDARDS. p o26.0' z `� � �, C ap 2. CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT a • - 18.5' LOCATIONS AND DIMENSIONS OF VESTIBULES,SLOPE PAVING,SIDEWALKS, EXIT co 71 I- ADA RAMP I PORCHES,TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING L m'I UTILITY ENTRANCE LOCATIONS. I I .I I a MAX 2'RETAINING WALL 3. ALL INNER CURBED RADII ARE TO BE 3'AND OUTER CURBED RADII ARE TO BE 10' E 0 LP j " " " UNLESS OTHERWISE NOTED.STRIPED RADII ARE TO BE 5'. Y EXISTING 5'D&U o CD CS �' 4. ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE z z _a EASEMENT 6, - , r NOTED. cr 0 20.0' J CO a 5. EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED, Q Q g Q I I REMOVED OR RELOCATED AS NECESSARY.ALL COST SHALL BE INCLUDED IN BASE 0 eL N. 0 co F- I I BID. Oo co~co rn z - w / < 8 v 0 c LLJ F 24.0' 6. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS,(UNLESS ^ a _ I 1 OTHERWISE NOTED ON PLANS)INCLUDING BUT NOT LIMITED TO,ALL UTILITIES, z w ° I I I 18.5' EXISTING 5'D&U STORM DRAINAGE,SIGNS,TRAFFIC SIGNALS&POLES, ETC.AS REQUIRED. ALL < ~ w `° (n I PROPOSED DEALERSHIP EASEMENT WORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS >1111111 co Lij 2 `8 LLJ AND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH.ALL O , zz 2 • LP HI . BUILDING I COST SHALL BE INCLUDED IN BASE BID. CU w ill a co Q C > I I 11 ±20,800 SF I 7. SITE BOUNDARY,TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A g v~j p SURVEY BY PROBE ENGINEERING, DATED 11/30/2021. Y C/) L, IIIMMM KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES,OR E 'N w o R5.5'- OMISSIONS CONTAINED THEREIN. 8. PYLON/MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS.SIGNS ARE R co 8i SHOWN FOR GRAPHICAL&INFORMATIONAL PURPOSES ONLY.CONTRACTOR TO L I I II VERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THE CONSTRUCTION OF THE PYLON/MONUMENT SIGN. o I I \\ cn LP I rn, 9. CONTRACTOR SHALL REFERENCE ARCH/MEP PLANS FOR SITE LIGHTING AND o a) _ 20.0' \\ :CPTRICALPLAN. }m w10. ROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS,ABOVE AND o o o LP 9 0, 6 O _ UNDERGROUND STRUCTURES,OR OTHER OBSTRUCTIONS SHALL BE LOCATED cc a z aLO .- J �� — WITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESS a z0 0 I- r SPECIFICALLY NOTED ON PLANS OTHERWISE. ct u) w w ui r( I _ I zajwF a 2 II SIGN I oN 18.5' 20 0 I 11. REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS. a Q w a wo w z EL II I 20 II Cr) cn I- z o l �// �J�s 3O II 12. REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTY H et 1-H W a m _� i1L1 = cccc C) 2 2 N Ctl y 0, ) t BOUNDARY DIMENSIONS. I- W w w w o 0 13. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. LL O J W J N � o et o z § N a) 17 I 14. ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. w w a Z Q o -a CC I O T ❑ m U z Q w O I cow '� � - zw o_ N W W oQCDZ H ar. rau _ c) Hw � 0 I~_I r I- 0 a a `� \ _ o — \\ n O w O N N I I I II II I o 27' LcI Ct Q o ¢ m 11 11 - -__ I II 24.5' I I I - o a w m w N -0 II- " o o i I HP co m a w , = I I I L N I i n I RI TRANSFORMER PAD coa) J C ° VACQTEp PRO,PTRTY LINE - i + �r co LE Ia , cn U 1 b p LP \\ - ��\\ - - � I R15o ADA RAMP EXISTING 10'D&U MATCH EXISTING CURB AND Z � I \ � EASEMENT 1 o I \\ \ �� / IC PROPOSED PROPERTY LINE PAVEMENT SECTION LLJ a \��\ ��\ SIGN SIGN�J 151ST STREET J v� 0 \ CL ✓ g I \ \\ \.\ MATCH EXISTING CURB AND ____I \ \ ' CONSTRUCT NEW CUL-DE-SAC PAVEMENT SECTION UJ - I N\ \\ o p, - - LP CO w I - - — � o \lI 4 (( II a) .� II LP — — — LP — — — LP •\ — — — — cn — I 7 II 1 ou) II II C y , .. ��p° I �� II Q c \� L�JJ 7- - 0 Z C - - - - J /� u) >m 2 ly 2 I ■ Cl) a Ii > = I = = = 0 J Z ce 0 1- Q (( 11 ((� - -0LP )) I-L_ J J o Z W g II II MATCH EXISTING CURB AND Q O LV J PAVEMENT SECTION 0 /� ' 1 a T 1 II II v i U a J Z W — 0 Q I I a J a � � z I fl Cl" J W .�-csNORTH Q Q Q J C 8 Q o ; Z W > 2 a _J a)a) I GRAPHIC SCALE IN FEET J Q UI o I 0 15 30 60 11I SHEET NUMBER I—Y 1 I C200 EVIEW36O A Ghafari Affiliated Company 1. T - L ...• - • • r .� t r it 1' — m LINCOLN LINCOLN ,, VITRINE • r — - — _ �' PROTOTYPE NE I • � THREE CAR RUNWAY e v —L I � �_ �y� ONE STORY PROTOTYPE �j — ' : : 1 ± 111 I � „ :I- I III iii rl - III l cID I I I II • e ''T'r----11 E • — •1 --- DEALER1 - 7,. 116 • r ` � °t�„' DATE DESCRIPTION • • :,t4 0, I J . I -- 12/23/16 ISSUED DATE. , ``' 10/29/19 REVISION _- �,~; 03/26/20 REVISION I • 07/02/20 REVISION 08/28/20 REVISION .0w1 - + 11/20/20 REVISION • - P W I 4 '-` - r�y',�^ For communication of design intent only. t / ! - - • ;' Local architect must review for code _-a • compliance.These drawings are not suited or intended for construction or fabrication.All contents on this sheet ;'v , are confidential. Information and all 'i *Il '- - - - rights therein are and will remain the +.• _ - property of Ford Motor Company. t _ --- Prototypical drawings and details for the _ - .- _ Lincoln INCO Design can E found at �r YJW W.LINCOLNVITRINEDESIGN.COM SHEET TITLE COVER SHEET SHEET NUMBER G10-00-00 . • -k. RENDERING GENERAL NOTE EVIBA/360 A Ghafari Affiliated Company NOTE:ALL RENDERINGS SHOWN THROUGHOUT - - DOCUMENT ARE FOR DESIGN INTENT ONLY.REFER TO er DRAWINGS FOR SPECIFIC DETAILS AND SPECIFICATIONS. st r ` .- - - _ - PPlik--------H -- SERVICE (1-141 ems. T i — = _• � . IN SERVICE LINCOLN LINCOLN ;� VITRINE _... PROTOTYPE THREE CAR RUNWAY ONE STORY PROTOTYPE RIGHT SIDE "- DATE DESCRIPTION 12/23/16 ISSUED DATE '� C" 10/29/19 REVISION 111 ;,. I ,I t 03/26/20 REVISION ,. ti,: - 07/02/20 REVISION 08/28/20 REVISION r •--. 11/20/20 REVISION I +� _ IIIIII'. - For communication of design intent only. Local architect must review for code compliance.These drawings are not suited or intended for construction or • ;'y� �,j i-r, . fabrication.All contents on this sheet "' • ? !M are confidential. Information and all - ` _ _ rights therein are and will remain the : -. • ' , -4rYn444 property of Ford Motor Company. :; ;a;^ ': Prototypical drawings and details for the v �, .7 g, - r3. err Lincoln Vitrine Design can be found at �k h � - F� fi } �,,p --F.0 1,7 f VWVW,LINCOLNVITRINEDESIGN,COM � Nsf„ 4�z'3r"A ` -4e V5,-- ',fi_., i4"._ s4t'. f i z } 'may SHEET TITLE .. EXTERIOR RENDERINGS a BUILDING VIEWS LEFT SIDE SHEET NUMBER NOT TO SCALE AE 1-00-00 2/10/2022 Apple Auto Lincoln City Council Meeting February 10, 2022 Apple. Location Map 7125 - 151st StW. -- --- • �tj I '- BMO.� TJ `Il S pc dway AppleAuto Harris w C II sioh Bank- CVS Requested " — Pharmacy Vacation 1. I we (125 • OutlOt A IMMO Appl A t - 11 New Right-of-Way y' for Cul tle-Sac F 8 i F tnesspt A Vpplailey I _" pima 11=111i 1 2/10/2022 Recommended Action: Postpone the public hearing until 7:00 p.m., March 10, 2022, to consider vacation of right-of-way abutting 7125 — 151st Street West. AppValley 2 • ••• ITEM: 5.C. ..... .... Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Regular Agenda Description: Authorize Receipt of Parks and Recreation Advisory Committee, Planning Commission, and Urban Affairs Advisory Committee Applications through March 11, 2022, to Fill Vacancies Staff Contact: Department/ Division: Pamela J. Gackstetter City Clerk's Office ACTION REQUESTED: Acknowledge completion of service by Josh Gaffke on the Parks and Recreation Advisory Committee, Tim Burke on the Planning Commission, and Linda Blake on the Urban Affairs Advisory Committee. Also, direct staff to post the vacancies and invite individuals interested in serving on the Parks and Recreation Advisory Committee, Planning Commission, or Urban Affairs Advisory Committee to submit an application to the City Clerk by March 11, 2022. SUMMARY: Parks and Recreation Committee Member Josh Gaffke, Planning Commissioner Tim Burke, and Urban Affairs Advisory Committee Member Linda Blake notified the City they will be ending their service on their respective Committees/Commission at the completion of their term on March 1, 2022. Because this will create vacancies, the Council may wish to extend an invitation to individuals interested in serving on any of these Committees/Commission to submit an application to the City Clerk by March 11, 2022. A draft announcement for each vacancy is attached for your review. BACKGROUND: Parks and Recreation Advisory Committee This seven-member Advisory Committee is a standing committee with the responsibility to advise the City Council on matters pertaining to the planning and development of parks, trails, and open space, including but not limited to: zoning amendment requests or proposed housing developments that may affect City parks or park and trail needs, and park development bond issues. The Committee shall also serve as the initial forum for consideration of citizen concerns related to the City's park and trail systems. The Parks and Recreation Advisory Committee votes on recommendations, which are then sent to the City Council for consideration. This Committee generally meets on the first Thursday in January, March, May, September, and November, beginning at 7:00 p.m., at the Municipal Center. Planning Commission This seven-member Planning Commission is a standing committee with the responsibility to investigate issues relating to planning and land use on behalf of the City Council. The Planning Commission discusses and evaluates development and building proposals, conditional use permit applications, variance requests, proposed changes to the Comprehensive Plan or zoning map, and related planning issues. The Planning Commission conducts public hearings, when necessary, and votes on recommendations, which are then sent to the City Council. The Planning Commission generally meets the first and third Wednesdays of the month, beginning at 7:00 p.m., at the Municipal Center. Urban Affairs Advisory Committee The seven-member Urban Affairs Advisory Committee is a standing committee with the responsibility to investigate issues relating to subjects of a general nature, not within the scope of activities of other commissions or committees. The Urban Affairs Committee votes on recommendations, which are then sent to the City Council. This Committee generally meets the fourth Tuesday of the month on an as-needed basis, beginning at 7:00 p.m., at the Municipal Center. BUDGET IMPACT: N/A ATTACHMENTS: Notice Notice Notice ... .... ." . City of Apple Valley MEMO City Clerk's Office CITY OF APPLE VALLEY ANNOUNCEMENT OF PARKS AND RECREATION ADVISORY COMMITTEE VACANCY A vacancy currently exists on the City of Apple Valley's Parks and Recreation Advisory Committee for a three-year term expiring March 1, 2025. This seven-member Advisory Committee is a standing committee with the responsibility to advise the City Council on matters pertaining to the planning and development of parks, trails, and open space, including but not limited to: zoning amendment requests or proposed housing developments that may affect City parks or park and trail needs, and park development bond issues. The Committee shall also serve as the initial forum for consideration of citizen concerns related to the City's park and trail systems. The Parks and Recreation Advisory Committee votes on recommendations, which are then sent to the City Council for consideration. This Committee generally meets on the first Thursday in January, March, May, September, and November, beginning at 7:00 p.m., at the Apple Valley Municipal Center. The City Council will fill this vacancy by appointment. Persons interested in submitting their name for consideration must file an application with the City Clerk by 4:30 p.m.,by Friday,March 11, 2022. Application forms can be obtained on the City's website at www.cityofapplevalley.org or at the office of the Apple Valley City Clerk, at 7100 147th Street W., Apple Valley, Minnesota 55124, or by calling 952-953-2506. DATED this 10th day of February, 2022. BY ORDER OF THE CITY COUNCIL Pamela J. Gackstetter City Clerk ... .... ..... ••• City of Applell Valley MEMO City Clerk's Office CITY OF APPLE VALLEY ANNOUNCEMENT OF PLANNING COMMISSION VACANCY A vacancy currently exists on the City of Apple Valley's Planning Commission with a three-year term expiring March 1, 2025. The seven-member Planning Commission is a standing committee with the full power and responsibility to investigate issues relating to planning and land use on behalf of the City Council. The Planning Commission discusses and evaluates development and building proposals, conditional use permit applications, variance requests, proposed changes to the Comprehensive Plan or zoning map, and related planning issues. The Planning Commission conducts public hearings, when necessary, and votes on recommendations, which are then sent to the City Council. The Planning Commission meets the first and third Wednesdays of the month, beginning at 7:00 p.m., at the Municipal Center. The City Council will fill this vacancy by appointment. Persons interested in submitting their names for consideration must file an application with the City Clerk by 4:30 p.m., Friday, March 11, 2022. Application forms are available on the City's website at www.cityofapplevalley.org or may be obtained at the office of the Apple Valley City Clerk, at 7100 147th Street W., Apple Valley, Minnesota 55124, or by calling 952-953-2506. DATED this 10th day of February, 2022. Pamela J. Gackstetter City Clerk ... .... ..... ••• City of Applell Valley MEMO City Clerk's Office CITY OF APPLE VALLEY ANNOUNCEMENT OF URBAN AFFAIRS COMMITTEE VACANCY A vacancy currently exists on the City of Apple Valley's Urban Affairs Advisory Committee for a three-year term expiring March 1, 2025. The seven-member Urban Affairs Advisory Committee is a standing committee with the responsibility to advise the City Council, when assigned, on matters relating to subjects of a general nature, not within the scope of activities of other commissions or committees. The Urban Affairs Advisory Committee votes on recommendations, which are then sent to the City Council. This Committee meets the fourth Tuesday of the month on an as-needed basis, beginning at 7:00 p.m., at the Municipal Center. The City Council will fill this vacancy by appointment. Persons interested in submitting their names for consideration must file an application with the City Clerk by 4:30 p.m., on Friday, March 11, 2022. Application forms may be obtained on the City website at www.cityofapplevally.org or at the office of the Apple Valley City Clerk, at 7100 147th Street W., Apple Valley, Minnesota 55124, or by calling 952-953-2506. DATED this 10th day of February, 2022. Pamela J. Gackstetter City Clerk • ITEM: 5.D. ..... :�. Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Regular Agenda Description: Adopt Resolution Appointing Member to Fill Vacancy on the Economic Development Authority with Term Expiring March 1, 2025 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution appointing member to the Economic Development Authority (EDA) with a term expiring March 1, 2025. SUMMARY: Four applications for the Economic Development Authority were received by the deadline and provided to you under separate cover. Listed below are the names of the individuals interested in serving on the Economic Development Authority. Tom Flake Jodi Kurtz Paul Scanlan James Wrobleski There is one vacancy. This appointment has a six-year term expiring March 1, 2025. If the City Council would like to proceed with filling the vacancy, ballots will be distributed. Following the balloting process, a motion should be made adopting the resolution appointing the individual to the EDA. BACKGROUND: On December 9, 2021, the Council authorized accepting applications through January 14, 2022, to fill the Economic Development Authority vacancy. A copy the procedures for appointing commission and committee members is attached for your reference. BUDGET IMPACT: N/A ATTACHMENTS: Background Material Resolution APPOINTMENT PROCEDURE TO FILL POSITIONS ON COMMISSIONS AND COMMITTEES 1. The Mayor will call for nominations for a position or positions from the Councilmembers. 2. A nominee may decline the nomination at any point up to the time that nominations are closed. 3. When no further nominations are offered, the Mayor will close nominations. 4. If the number of nominations is equal to the number of positions to be filled, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint to the position of ." Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. 5. If the number of nominations is greater than the number of positions to be filled, a written roster will be prepared listing the nominees and the Council shall proceed in the following manner: a) On the first round, and any subsequent rounds, each Councilmember shall, in writing, select that certain number of names which is one less than the total number of the names appearing. b) After the City Clerk has received the selection from each Councilmember, the City Clerk shall record the selection and announce the remaining names. c) Any name or names not having been selected by more than two of the Councilmembers shall be stricken by the City Clerk from the succeeding round and shall no longer appear as a name(s) to be considered by the Council; except that, if after selection by the Council there results a tie between or among all the names appearing on the round, the Council, in writing shall again select until one or more names have been stricken; provided, however, that if such a situation exists, the Council shall not reselect more than three times. In such a situation, the process shall end. Otherwise, the process shall end when only one name remains. d) After the process has ended, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint to the position of ." Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. Res. No. 1997-165 CITY OF APPLE VALLEY RESOLUTION NO. 2022- RESOLUTION APPOINTING ECONOMIC DEVELOPMENT AUTHORITY MEMBER WHEREAS, Minnesota Statutes Section 469.095 provides for appointment by the Mayor, with City Council approval, of members of the Economic Development Authority; and WHEREAS, a vacancy now exists on the Economic Development Authority due to the appointment of Tom Melander to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that is hereby appointed to the Economic Development Authority for a term expiring March 1, 2025. BE IT FURTHER RESOLVED that members of the Economic Development Authority are then as follows: Name Term Expires 1. Ken Johnson March 1, 2022 2. John Bergman December 31, 2022 3. Clint Hooppaw December 31, 2022 4. Thomas Melander December 31, 2022 5. Thomas Goodwin December 31, 2024 6. Ruth Grendahl December 31, 2024 7. Vacant March 1, 2025 ADOPTED this 10th day of February, 2022. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ••• ITEM: 7. ..... .... Apple COUNCIL MEETING DATE: February 10, 2022 Valley SECTION: Calendar of Upcoming Events Description: Approve Calendar of Upcoming Events Staff Contact: Department/ Division: Stephanie Marschall, Deputy City Clerk City Clerk's Office ACTION REQUESTED: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the City Council. SUMMARY: Day/Date Time Location Event Tue./Feb. 8 6:00 p.m. Municipal Center Informal Parks & Recreation Advisory Committee Meeting Tue./Feb. 8 7:00 p.m. Municipal Center Regular Parks & Recreation Advisory Committee Meeting Wed./Feb. 9 8:00-9:00 a.m. 360 Communities Joint Chamber Coffee Burnsville, MN Connection Thur./Feb. 10 5:30 p.m. Municipal Center Informal City Council Meeting Thur./Feb. 10 7:00 p.m. Municipal Center Regular City Council Meeting Wcd./Fcb. 16 7:00 p.m. Municipal Ccntcr Planning Commission Mccting CANCELED Mon./Feb. 21 City Offices Closed President's Day Tue./Feb. 22 6:00 p.m. Municipal Center Urban Affairs Advisory Committee Meeting Wed./Feb. 23 9:00 a.m. Municipal Center Firefighters Relief Association Board Meeting Thur./Feb. 24 5:30 p.m. Municipal Center Special Informal City Council Meeting Thur./Feb. 24 7:00 p.m. Municipal Center Regular City Council Meeting Wed./Mar. 2 7:00 p.m. Municipal Center Planning Commission Meeting Thur./Mar. 3 6:00 p.m. Municipal Center Informal Parks & Recreation Advisory Committee Meeting Thur./Mar. 3 7:00 p.m. Municipal Center Regular Parks & Recreation Advisory Committee Meeting Wed./Mar. 9 7:00 p.m. Municipal Center Traffic Safety Advisory Committee Meeting Thur./Mar. 10 5:30 p.m. Municipal Center Informal City Council Meeting Thur./Mar. 10 7:00 p.m. Municipal Center Regular City Council Meeting BACKGROUND: Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. BUDGET IMPACT: N/A