HomeMy WebLinkAbout08-21-2023
AGENDA
CITY COUNCIL MEETING
August 21, 2023 - 6:30 PM
City Hall Council Chambers
Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join
the meeting via Teams Meeting, Meeting ID: 267 706 322 550 or by calling Toll Number 1-323-433-2142; Conference ID: 848
709 193#. The mayor will allow for public comments and questions at the appropriate time.
The City Council is provided background information for agenda items in advance by staff and appointed commissions,
committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a
council member’s personal judgment.
1. Call to order, moment of silence and flag pledge
2. Roll call
3. Citizen Comments
4. Additional agenda information
5. Presentations/Introductions
a. Lakeville Fastpitch Softball Association Donation for Aronson Park
b. Fire Department Recognition
c. Park and Recreation Department Quarterly Report
6. Consent Agenda
All matters listed under consent agenda are considered routine by the City Council and will be acted on by one
motion in the order listed below. There may be an explanation, but no separate discussion on these items. If
discussion is desired, that item will be removed from the consent agenda and considered separately.
a. Check Register Summary
b. Minutes of the 8/7/2023 City Council Minutes
c. Accepting Donation from Minnesota Energy Resources
d. Resolution Ordering Preparation of a Feasibility Report for Ipava Avenue
Improvements and Bolton & Menk Supplemental Agreement for Professional
Services
e. Change Order for the 2023 Miscellaneous Road Repairs and Overlays Project
f. Resolution Approving Joint Powers Agreement Between the City of Lakeville and
City of Farmington
g. Agreement with Friedges Landscaping, Inc. for Aronson Park Phase II Irrigation
Page 1 of 107
City Council Meeting Agenda
August 21, 2023
Page 2
Installation and Materials Purchase from HLS Outdoors, Improvement Project CIP
#23-63
h. Timbercrest at Lakeville 10th Addition Assignment of Development Contract
i. Encroachment Agreement with Nash for Private Improvements in Public Easements
j. Resolution Adopting Diseased Tree Nuisance Abatement and Special Assessment
Agreement
k. Homuth Conditional Use Permit
7. Action Items
a. Resolution Calling Public Hearing on Unpaid Special Charges
8. Unfinished business (for Council discussion only)
9. New business (for Council discussion only)
10. Announcements
11. Adjourn
Page 2 of 107
Date: 8/21/2023
Lakeville Fastpitch Softball Association Donation for Aronson Park
Proposed Action
Staff recommends adoption of the following motion:
Overview
Supporting Information
None
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values:
Report Completed by:
Page 3 of 107
Date: 8/21/2023
Fire Department Recognition
Proposed Action
Staff recommends adoption of the following motion:
Overview
Supporting Information
None
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values:
Report Completed by:
Page 4 of 107
Date: 8/21/2023
Park and Recreation Department Quarterly Report
Proposed Action
Staff recommends adoption of the following motion:
Overview
Supporting Information
None
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values:
Report Completed by:
Page 5 of 107
8/16/2023City of Lakeville 16:17:13R55CKS2LOGIS100
1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
8/16/20237/31/2023 -
Company Amount
896,122.4801000GENERAL FUND
15,412.6602000COMMUNICATIONS FUND
434.000320607A / 98A TAX INC (FAIRFIELD)
325.00033202016 B IMPR BONDS INCL 2015 P2
325.00033222018 A IMP BONDS
325.00033232019 A IMP BONDS
10,526.2204000BUILDING FUND
41,706.2804100EQUIPMENT FUND
775.8904125TECHNOLOGY FUND
268,574.5004161ARENAS CAPITAL IMPROVEMENTS
172,655.7004200PARK DEDICATION FUND
72.2304500PARK IMPROVEMENT FUND
74,319.98047002022 C PARK BONDS
342,934.53047102023 A PARK BONDS
1,986,329.8305200STATE AID CONSTRUCTION FUND
68,195.9105300PAVEMENT MANAGEMENT FUND
2,756.750658721-26 ROYAL MILC PROP ACQ-8860
6,601.440658922-24 AIRLAKE 70 IMPROVEMENT
907,768.63065902023 "" STREET RECONSTRUCTION
913,845.090659123-03 IPAVA AVE (KENWOOD-185TH
515.290659524-02 STREET RECONSTRUCTION
10,418.0007450ENVIRONMENTAL RESOURCES FUND
2,395.00-07550 UTILITY FISCAL ADMINISTRATION
79,393.4507575STREET LIGHTING FUND
379,313.3807600WATER FUND
583,278.7307700SEWER FUND
835,488.8907800LIQUOR FUND
13,421.6507900MUNICIPAL RESERVES FUND
66,894.6108000ESCROW FUND - DEVELOPERS/BUILD
3,333.78-08910 ESCROW - DCA/SECTION 125
36,895.7508950DAKOTA 911 - OPERATING FUND
44,681.0008970LAKEVILLE ARENAS - OPERATIONS
1,145,500.0909800PAYROLL CLEARING FUND
Report Totals 8,900,079.18
Page 6 of 107
CITY OF LAKEVILLE
CITY COUNCIL MEETING MINUTES
August 07, 2023
Mayor Hellier called the meeting to order at 6:30 p.m.
Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter
Staff Present: Justin Miller, City Administrator; Jack Brooksbank, City Attorney; Julie
Stahl, Finance Director; John Hennen, Parks & Recreation Director; Allyn Kuennen,
Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul
Oehme, Public Works Director
3. Citizen Comments: None
4. Additional Agenda Information: None
5. Presentations/Introductions:
•Park and Recreation Director John Hennen and the Lakeville Baseball Commissioner
Thane Hathaway presented a donation in the amount of $1 million.
•Public Works Director Paul Oehme presented the Public Works Quarterly Report.
•Liquor Operations Director Tana Wold presented the Liquor Department Mid-Year
Report.
6. Consent Agenda:
Motion was made by Volk, seconded by Lee, to approve the following:
a. Check Register Summary - 07-18-2023
b. Check Register Summary - 08-01-2023
c. Minutes of the 7/17/2023 City Council Meeting
d. Minutes of the 7/24/2023 City Council Meeting
e. Resolution No. 23-085 Accepting donations from customers of the Lakeville Municipal
Liquor Stores
f. Resolution No. 23-86 Accepting Donation to the Lakeville Parks & Recreation
Department in the 2nd Quarter of 2023
g. Proposals from Braun Intertec for Geotechnical Professional Services
h. Restricted Donation Agreement with Lakeville Baseball Association, Incorporated
i. Kimley-Horn Supplemental Agreement for Professional Services for 179th Street
Bridge at North Creek
Page 7 of 107
CITY COUNCIL Minutes, August 07, 2023 Page 2
j. Hunting Map and Ordinance No. 1081 Amending Title 5, Chapter 2 of the City Code
concerning Permitted Use of Firearms
k. Agreement with Miracle Recreation for Foxborough Park Playground Equipment and
Installation
l. Resolution No. 23-087 Supporting Dakota County’s Application for Funding through
the Multimodal Project Discretionary Grant Opportunity for the Interstate 35
Transportation Safety and Community Access Improvements at Dakota County State
Aid Highway 50
m. Change Orders and Resolution No. 23-088 Authorizing Funding and Budget
Amendment for Southwest Area Water Distribution Facilities
n. Resolution No. 23-089 Accepting Donation to the Lakeville Police Department
o. Resolution No. 23-090 Materials Acquisition Contract with Carp Solutions for East
Lake Rough Fish Deterrence System
p. Resolution No. 23-091 Adopting Diseased Tree Nuisance Abatement and Special
Assessment Agreement
Roll call was taken on the motion. Ayes - Bermel, Hellier, Lee, Volk, Wolter
7. Ordinance No. 1082 Amending City Code Concerning the Public Use of Cannabis
and Hemp
City Administrator Miller presented the ordinance amendment concerning the public use
of cannabis and hemp. Miller explained that tonight's ordinance was amended from the
work session version in two ways: 1) References to edible products were removed, and 2)
Revised definitions to include hemp products as aligned with state statute.
Councilmember Volk suggested stepping back to let the Office of Cannabis Management
get set up before creating restrictions.
Councilmember Lee discussed changing Lakeville’s public nuisance policy in the future if a
problem should occur instead of an all-out ban on these products on public property.
Other members of the Council felt strongly that it was essential to put the framework in
place related to education and compliance as a safety precaution to help protect the
community's character and provide the city with a tool to address nuisance issues if they
arise.
Motion was made by Wolter, seconded by Bermel, to approve Ordinance Amending City
Code Concerning the Public Use of Cannabis and Hemp.
Page 8 of 107
CITY COUNCIL Minutes, August 07, 2023 Page 3
Roll call was taken on the motion. Ayes - Bermel, Hellier, Wolter
Nays - Lee, Volk
8. Ordinance No. 1083 Amending City Code Concerning Smoking in City Parks
City Administrator Justin Miller presented the ordinance prohibiting smoking in all city
parks, public parking lots adjacent to city parks, and inside all motor vehicles in any city
park or public parking lot. The definition of smoking does include nicotine, cannabis, hemp,
and electronic delivery devices.
City Councilmember Volk was concerned that Lakeville was trying to restrict the freedom
of smoking tobacco in a private vehicle.
Motion was made by Lee, seconded by Bermel, to approve Ordinance Amending City Code
Concerning Smoking in City Parks.
Roll call was taken on the motion. Ayes - Bermel, Hellier, Lee, Wolter
Nays - Volk
9. Unfinished business: None
10. New business: None
11. Announcements:
•Next Regular Meeting, August 21, 2023
•Next Work Session August 7, 2023
Motion was made by Wolter, seconded by Lee, to adjourn.
Roll call was taken on the motion. Ayes - Bermel, Hellier, Lee, Volk, Wolter
The meeting adjourned at 7:21 p.m.
Respectfully submitted,
________________________________ __________________________________
Ann Orlofsky, City Clerk Luke M. Hellier, Mayor
Page 9 of 107
Date: 8/21/2023
Accepting Donation from Minnesota Energy Resources
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution to accept a
$2,000.00 donation from Minnesota Energy Resources to the Lakeville Fire Department.
Overview
The Lakeville Fire Department Staff applied for a grant through Minnesota Energy Safety Grant
Program. This grant will provide Lakeville Fire Department the opportunity to purchase carbon
monoxide detectors that are carried on medical bags to alert firefighters if they are in a
dangerous atmosphere.
Supporting Information
None
Financial Impact: $2,000.00 Budgeted: No Source: 1380-6131
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Michael Meyer, Fire Chief
Page 10 of 107
Date: 8/21/2023
Resolution Ordering Preparation of a Feasibility Report for Ipava Avenue Improvements
and Bolton & Menk Supplemental Agreement for Professional Services
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution ordering
preparation of an engineering feasibility report for Ipava Avenue Improvements, City Project
24-03; and Bolton & Menk Supplemental Agreement for professional services.
Overview
The draft Lakeville 5-year Capital Improvement Plan (2024-2028) programs the rehabilitation of
a) Ipava Avenue from 192nd Street to 185th Street, and b) Indiana Avenue from Ipava Avenue
to Dodd Boulevard, City Project 24-03, in 2024. Proposed improvements include roadway
rehabilitation, trail improvements, spot curb and gutter replacement, and minor public utility
maintenance. The estimated total project cost is $2,070,000.
Proposed financing for the Ipava Avenue Improvements is through bonds issued under
Minnesota Statutes, Chapter 429, for local improvements. A portion of the total project cost
would be assessed to benefitting property owners abutting the roadway within the proposed
construction limits. An engineering feasibility report is required under Minnesota Statutes,
Chapter 429, prior to adopting a resolution ordering the improvement.
Bolton & Menk's supplemental agreement identifies the scope of services and estimated cost to
prepare the feasibility report and preliminary engineering (including surveying and geotechnical
engineering) for City Project 24-03 and is subject to the Master Services Agreement dated
September 20, 2021.
Supporting Information
1. Bolton & Menk supplemental agreement dated August 7, 2023
Financial Impact: $42,000 Budgeted: Yes Source: Multiple Sources
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Lucas Ritchie, Civil Engineer
Page 11 of 107
N:\Proposals\Lakeville\2024 Street Improvements\Lakeville_2024 Street Rehab_Proposal Letter.docx
August 7th, 2023
Lucas Ritchie
Civil Engineer
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Proposal for Professional Engineering Services
Ipava Avenue and Indiana Avenue Rehabilitation Project – City Project No. 24-03
Topographic Survey, Geotechnical Investigation, and Feasibility Report
Dear Mr. Ritchie:
Thank you for the opportunity to submit this proposal to complete preliminary engineering services for the
Ipava Avenue and Indiana Avenue Rehabilitation Project, City Project No. 24-03
Based on our discussions with City staff, we have assembled the work plan below that will help refine the
project scope, pavement design, and spot utility improvements required for this project. Presently, the
roadway rehabilitation methods for each road segment have been determined. However, our pavement
analysis will help confirm the preferred rehabilitation methods and provide information that can optimize
the pavement design. The proposed geotechnical and pavement analysis will also influence the
rehabilitation method for the trails that require improvements. Our work plan also includes the
preparation of a feasibility report and quantity takeoffs. We will also support the City’s efforts in property
owner communication and engagement through the feasibility phase of the project.
Topographic Survey
Bolton & Menk survey staff will perform a limited topographic survey to collect necessary field data for use
in preliminary and final design. The GPS-based topographic survey will focus on collecting existing curb
lines and medians, roadway centerlines, trail edges, and utility structures within the pavement area. City
staff will be performing structure inventories to determine the condition of catch basins, manholes, and
other City infrastructure within the project areas.
Geotechnical Engineering
We anticipate that Ipava Avenue will be improved by means of full depth reclamation and Indiana Avenue
by means of mill and overlay. Braun Intertec will perform the field work, analysis, and pavement
recommendation in accordance with their proposal to Bolton and Menk. The pavement recommendations
will outline long-term pavement performance expectations for both a mill and overlay and full-depth-
reclamation so that City staff can select the most cost-effective rehabilitation method. The scope of work
generally includes:
+ Staking & Utility Clearance + Drilling + Traffic Control
+ Ground Penetrating Radar + Coring + Lab Work & Testing
+ Engineering Analysis & Report + Pavement Rating Evaluation
Page 12 of 107
Name: Lucas Ritchie
Date: August 7, 2023
Page: 2
N:\Proposals\Lakeville\2024 Street Improvements\Lakeville_2024 Street Rehab_Proposal Letter.docx
Their work will include an emphasis on understanding the existing aggregate base composition and
pavement thickness (gradation, quality, material makeup) to determine suitability for mill and overlay or
reclamation. Additionally, Braun’s scope of work includes Ground Penetrating Radar to help illustrate the
pavement and aggregate base thickness along the entire length of the roadway. The geotechnical
investigation plays a pivotal role in both project design as well as project constructability and risk
mitigation.
Feasibility Report
The section of roadway along Ipava Avenue between 185th Street W and Indiana Avenue is being
considered for full depth reclamation. Trail replacement is proposed on the east side of Ipava Avenue
between Inndale Drive and Indiana Avenue. The section of roadway along Indiana Avenue between Ipava
Avenue and Dodd Boulevard is being considered for a 2-inch mill and overlay. Trail replacement is
proposed on the north side of Indiana Avenue for the entire length of this segment.
Pedestrian ramps will be evaluated and replaced if they do not meet ADA requirements or have exceeded
their useful life. As part of a previous Centerpoint Energy project, many pedestrian ramps have been
replaced but require verification of compliance with ADA standards.
Utility improvements will consist of watermain, sanitary sewer, and storm sewer adjustments, as well as
the installation of 2 conduit lines for a future well site. City staff will be completing storm sewer inspections
to provide recommended improvements outside the necessary adjustments.
We anticipate the following deliverables associated with the Preliminary Engineering task:
· Feasibility Report
· CAD-based figures that outline the proposed improvements
· Opinion of Probable Construction Cost prepared in Microsoft Excel
Coordination & Public Outreach
We anticipate that Lakeville staff will lead the stakeholder outreach effort. Bolton & Menk will support the
City’s communication efforts by providing cost estimates, figures, and design information.
Schedule
We are committed to following a Project Schedule that meets and exceeds the City’s expectations. Based
on our discussions with City staff we anticipate following the schedule below.
Bolton & Menk Contract Authorization August 21, 2023
Geotechnical Investigation September, 2023
Topographic Survey September, 2023
Completion of Preliminary Engineering October, 2023
Page 13 of 107
Name: Lucas Ritchie
Date: August 7, 2023
Page: 3
N:\Proposals\Lakeville\2024 Street Improvements\Lakeville_2024 Street Rehab_Proposal Letter.docx
Proposed Fee $42,000
In accordance with the City of Lakeville’s project requirements, Bolton & Menk proposes to complete the
scope of work as described above for a not-to-exceed hourly fee of $42,000. The fee breakdown for
individual work tasks is tabulated below.
Task Amount
Topographic Survey $15,900
Geotechnical Investigation (Braun) $9,300
Preliminary Engineering $16,800
Thank you, again, for inviting Bolton & Menk to offer you this proposal, as well as your continued
consideration of our services to the City of Lakeville. We look forward to working with you and the City on
this project. If you have any questions regarding our proposal, please do not hesitate to call me.
Sincerely,
Bolton & Menk, Inc.
Eric Seaburg, P.E.
Principal Engineer
Luke Hellier
Mayor, City of Lakeville
Ann Orlofsky
City Clerk, City of Lakeville
Page 14 of 107
Date: 8/21/2023
Change Order for the 2023 Miscellaneous Road Repairs and Overlays Project
Proposed Action
Staff recommends adoption of the following motion: Move to approve change order in the
amount of $22,210.00 for the 2023 Miscellaneous Road Repairs and Overlays Project, City
Project 23-01.
Overview
On April 3, 2023 the City Council awarded a construction contract for the 2023 Miscellaneous
Road Repairs and Overlays Project to McNamara Contracting, Inc. This project is comprised of
roadway milling & overlays, roadway patching, select curb and gutter replacement, sidewalk
and ADA pedestrian ramp improvements, trail rehabilitation, and storm sewer maintenance. This
project was designed over winter and bids were opened March 9th, 2023. After the spring thaw,
the surface delamination of the bituminous on the roundabout at 205th Street W and Kenrick
Ave worsened to the point of failure & would need to be replaced. Had this been apparent in the
fall of 2022, work to repair the roundabout would have been included in the project.
City staff and the contractor, McNamara Contracting, Inc, negotiated prices for this work to be
done in conjunction with the 205th Street Improvement Project. McNamara is also the prime
contractor for that project. There were cost advantages and efficiencies to be gained by timing
this repair work with the road closures in place for the 205th Street Project. The change order in
the amount of $22,210.00 would result in a revised contract price of $1,204,556.36 and that
value is still within the approved budget.
Supporting Information
1. Change Order 205th and Kenrick Roundabout Repair
Financial Impact: $22,210.00 Budgeted: Yes Source: Pavement Management
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Steve Ferraro, Public Works Coordinator
Page 15 of 107
CITY OF LAKEVILLE CHANGE ORDER NO. 13
CHANGE ORDER DATE 8/4/2023 SHEET
Page 1 of 1
PROJECT NO. 23-01
CONTRACTOR McNamara Contracting Inc PROJECT NAME 2023 Miscellaneous Road Repairs and
Overlays Project
ADDRESS 16700 Chippendale Ave
Rosemount , MN 55068
TYPE OF WORK Mill and Overlay for 205th and Kenrick
Avenue Roundabout
ORIGINAL CONTRACT AMOUNT $1,182,346.36 REVISED CONTRACT AMOUNT $1,204,556.36
Spec.
No.
Item
No.Item of Work Unit
Original
Previous
Change
Quantity
Quantity
Unit Price Increase
Amount
Decrease
Amount
2021.501 151 MOBILIZATION EACH 0 1.00 $1,000.00 $1,000.00 0.00
2232.504 150 MILL BITUMINOUS SURFACE (2.0")SY 0 1,300.00 $2.25 $2,925.00 0.00
2360.504 153 TYPE SP 9.5 WEAR CRS MIX(3,B) 2.0"
THICK S Y 0 155.00 $97.00 $15,035.00 0.00
2563.601 152 TRAFFIC CONTROL LUMP
SUM 0 1.00 $3,250.00 $3,250.00 0.00
Net Increase or Decrease: $22,210.00 Totals $22,210.00 $0.00
Due to this change, the contract time:
a: is increased/decreased by 0 working days.
is increased/decreased by 0 calendar days.
► b: is not changed.
c: may be revised if the work affects/affected the controlling operation
EXPLANATION OF CHANGE IN PLAN RECOMMENDED (Attach additional sheets if necessary)
Mill and Overlay for 205th and Kenrick Avenue Roundabout
CONTRACTOR SIGNATURE DATE
MAYOR SIGNATURE DATE
CONSTRUCTION REPRESENTATIVE SIGNATURE DATE 8/4/2023
Lucas Henry 8.4.23
Surface delamination of the existing bituminous had worsened to the point of failure and required
the top 2" to be milled off and overlaid
Page 16 of 107
Date: 8/21/2023
Resolution Approving Joint Powers Agreement Between the City of Lakeville and City of
Farmington
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving a
joint powers agreement between the City of Lakeville and the City of Farmington
Overview
The City of Farmington is requesting that Lakeville provide a Minnesota-licensed Building
Official to support their building inspection staff for 30-day period starting September 1, 2023.
The Farmington Building Official recently retired and the city is in the process of interviewing
for a replacement. Through a joint powers agreement, Dave Matthews has agreed to serve this
role for Farmington. Dave will provide support when needed to the Farmington Building
Inspection team on an as needed basis. Payment for services will be based on Dave’s hourly rate.
Supporting Information
1. RESOLUTION APPROVING JPA
2. Building Official JPA
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Tina Goodroad, Community Development Director
Page 17 of 107
Document Number: 227616 Version: 1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. _______
RESOLUTION APPROVING JOINT AGREEMENT
WITH THE CITY OF LAKEVILLE
WHEREAS, Minn. Stat. § 326B.133 requires that Minnesota cities designate a certified
building official to administer the application, administration, and enforcement of the state building
code; and
WHEREAS, City of Farmington’s Building Official is resigning from that position effective
August 31, 2023 and Farmington city staff requested short-term building official support from the
City of Lakeville until a new building official is selected; and
WHEREAS, Lakeville and Farmington have created a Joint Powers Agreement, attached
hereto as Exhibit “A” to facilitate the joint exercise of building official duties in the short-term.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lakeville:
1. The Joint Powers Agreement attached hereto as Exhibit “A” is hereby approved.
2. The Mayor, City Administrator, and City Clerk are authorized to execute all documents to
enter into the Agreement.
PASSED AND DULY ADOPTED by the City Council of the City of Lakeville,
Minnesota, this ______ day of ___________________, 2023.
CITY OF LAKEVILLE
By: ________________________________
Luke M. Heiller, Mayor
ATTEST:
________________________________
Justin Miller, City Administrator
Page 18 of 107
Document Number: 227616 Version: 1
EXHIBIT A
[attach JPA]
Page 19 of 107
227596v1 1
JOINT POWERS AGREEMENT
BETWEEN
THE CITY OF LAKEVILLE,
AND
THE CITY OF FARMINGTON
THIS AGREEMENT (“Agreement”) is entered into this ____ day of ______________,
2023, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation
(“Lakeville”) and the CITY OF FARMINGTON, a Minnesota municipal corporation
(“Farmington”), hereinafter collectively referred to as the “Cities.”
RECITALS
WHEREAS, Minnesota Statutes § 471.59 authorizes two or more governmental units to
enter into agreements to jointly or cooperatively exercise any power common to the contracting
cities; and
WHEREAS, Minnesota Statutes § 326B.133 subd. 1 authorizes two or more
municipalities to combine in the designation of a building official for the purpose of
administering the provisions of the code within their communities; and
WHEREAS, the City of Lakeville employs a building official on staff; and
WHEREAS, Farmington desires to have Lakeville provide building official services to
Farmington on a contract basis.
NOW, THEREFORE, Lakeville and Farmington agree as follows:
1. BUILDING OFFICIAL SERVICES. As per Farmington’s request, Lakeville will
provide a Minnesota-licensed Building Official to support and oversee Farmington’s building
inspection staff, review building and related permit applications, conduct necessary inspections, and
ensure that the requirements of the State Building Code as well as all applicable State and Federal
laws, rules, and regulations, and will issue permits consistent with Farmington City ordinances.
2. EMPLOYEE STATUS. Lakeville’s employee providing building official services
to Farmington shall remain an employee of Lakeville and shall not be deemed an employee of
Farmington for any purpose. Lakeville shall maintain liability and errors and omissions insurance
on its building official at all times in amounts not less than the tort liability limitations set out in
Minn. Stat. 466.04, and shall maintain all required workers’ compensation insurance on such
employees.
3. INDEMNIFICATION. Each city shall be liable for its own acts and the results
thereof to the extent provided by law and agrees to defend, indemnify, and hold harmless each
other (including their officials, employees, volunteers and agents), from any liability, claims,
causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney’s
fees, resulting directly or indirectly from any act or omission of the party, anyone directly or
Page 20 of 107
227596v1 2
indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the
performance or failure to perform its obligations under this Agreement. Each city’s liability
shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law.
The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59,
subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental
liability for a single unit of government as specified in 466.04, subdivision 1(a).
a. Each city warrants that it has a purchased insurance or has a self-insurance program.
b. Duty to Notify. Each city shall promptly notify the others of any claim, action,
cause of action or litigation brought against the party, its employees, officers,
agents, or subcontractors, which arises out of the services contained in this
Agreement and should also notify the other cities whenever any city has a
reasonable basis for believing that the city, and/or its employees, officers, agents,
or subcontractors, and/or the other cities might become the subject of a claim,
action, cause of action or litigation arising out of the services contained in the
Agreement.
4. PAYMENT FOR SERVICES. Farmington shall pay Lakeville for building official
services $146.93 per hour. Lakeville shall invoice Farmington monthly for services rendered and
Farmington shall pay the invoices within thirty-five (35) days of receipt of an invoice.
5. TERM. This Agreement is for thirty (30) days starting September 1st, 2023, but
may be terminated by either party upon seven (7) days written notice to the other party.
6. DOCUMENTS. All documents relating to building official services in
Farmington, including electronic data prepared under this Agreement, shall be the property of
Farmington and will be collected and maintained in a manner as deemed appropriate by
Farmington consistent with its records retention schedule. When not using Farmington property
files in the field, the Building Official shall store all files related to building permits issued by
Farmington at the Farmington City Hall or digitally in the locations designated by Farmington.
7. MINNESOTA GOVERNMENT DATA PRACTICES ACT (Minn. Stat. Chap.13
and related statutes). All data collected, created, received, maintained, or disseminated, in any form,
for any purposes because of this Agreement is governed by the Minnesota Government Data
Practices Act (Minn.Stat.Chap.13 and related statutes), as amended, the Minnesota Rules
implementing such Act, as amended, as well as Federal Regulations on data privacy. The person
responsible for release of all data under this Agreement shall be identified by each party.
8. ENTIRE AGREEMENT. This Agreement supersedes any prior or
contemporaneous representations or agreements, whether written or oral, between the parties and
contains the entire agreement of the parties related to building inspection services.
9. AMENDMENTS. Any modification or amendment to this Agreement shall
require a written agreement signed by all parties.
Page 21 of 107
227596v1 3
10. NOTICE. Any notice, statement or other written documents required to be given
under this Agreement shall be considered served and received if delivered personally to the other
party, or if deposited in the U.S. First Class mail, postage prepaid, as follows:
a. Notice to: City of Lakeville
City Administrator
20195 Holyoke Ave
Lakeville, Minnesota 55044
b. Notice to: City of Farmington
City Administrator
430 Third Street
Farmington, Minnesota 55024
CITY OF LAKEVILLE
By:
Luke Hellier, Its Mayor
By:
Justin Miller, Its City Administrator
Page 22 of 107
227596v1 4
CITY OF FARMINGTON
By:
Joshua Hoyt, Its Mayor
By:
Shirley Buecksler, Its City Clerk
Page 23 of 107
Date: 8/21/2023
Agreement with Friedges Landscaping, Inc. for Aronson Park Phase II Irrigation
Installation and Materials Purchase from HLS Outdoors, Improvement Project CIP #23-
63
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Agreement with
Friedges Landscaping, Inc. for Aronson Park Phase II Irrigation installation and the purchase of
materials from HLS Outdoors.
Overview
The Phase I irrigation system at Aronson Park was installed in 2020 with plans for future
expansion. Phase II includes connecting into the existing system in three locations and installing
irrigation to the remaining five softball fields. Irrigation of the fields will result in better turf
health and increase playability for users.
The City received three proposals for the project ranging from the low bid of $111,730
submitted by Friedges Landscaping, Inc. to a high bid of $136,500.
Purchasing the materials directly from the supplier will reduce the cost of the project. Material
quotes were received by two suppliers ranging from the low quote of $75,962.11 submitted by
HLS Outdoors to a high quote of $79,017.76.
The total approved budget for the project is $215,000 which includes both installation and
material costs. Staff is recommending the Mayor and City Council approve the Agreement with
Friedges Landscaping, Inc. for installation and approve the purchase of materials from HLS
Outdoors for a total project cost of $187,692.11.
Supporting Information
1. Aronson Irrigation Phase II Agreement - Friedges Landscaping Inc signed
2. MLC Proposal Results 8.15.23
3. HLS Outdoors Materials Quote 8.16.23
Financial Impact: $187,692.11 Budgeted: Yes Source: Park Dedication Fund
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Mark Kruse, Parks Superintendent
Page 24 of 107
223319v1
AGREEMENT
BETWEEN CITY OF LAKEVILLE AND FRIEDGES LANDSCAPING, INC.
FOR ARONSON PARK PHASE II IRRIGATION
THIS AGREEMENT made this 21st day of August 2023, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and FRIEDGES
LANDSCAPING, INC. a Minnesota corporation (“Contractor”). Owner and Contractor, in
consideration of the mutual covenants set forth herein, agree as follows:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the
“Contract Documents”, all of which shall be taken together as a whole as the contract between the parties
as if they were set verbatim and in full herein:
A. This Agreement.
B. Request for Quotes dated July 28, 2023 prepared by the City of Lakeville.
C. Contractor’s Quote dated August 9, 2023.
In the event of a conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority
and Contract Document “C” has the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods,
services, and perform the work in accordance with the Contract Documents. This contract may be
terminated by the City at any time upon discovery by the City that the Contractor or any of its subcontractors
has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth
in Minn. Stat. § 16C.285, Subdivision 3, the Responsible Contractor statute. Contractor shall not begin any
work until the City has received the signed contract and has reviewed and approved the insurance
certificates and has given the Contractor a written notice to proceed. Contractor shall exercise the same
degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and
exercised by a contractor under similar circumstances. City shall not be responsible for discovering
deficiencies in the accuracy of Contractor’s services.
3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in
accordance with the Contractor’s Proposal, in the amount of $111,730. Additional work performed
without the City’s written approval will not entitle Contractor to an increase in the Contract Price or an
extension of the Contract Time.
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for Payment will
be processed by the Parks Superintendent. When the obligations of the Contractor
have been fulfilled, inspected, and accepted, the City will pay the Contractor. Such
payment shall be made not later than thirty (30) days after completion, certification
thereof, and invoicing by the Contractor.
Page 25 of 107
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B. Progress Payments; Retainage. Owner shall make 95% progress payments on
account of the Contract Price on the basis of Contractor’s Applications for
Payment during performance of the Work.
C. Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92
requires that the City of Lakeville obtain a Withholding Affidavit for Contractors,
Form IC-134, before making final payments to Contractors. This form needs to
be submitted by the Contractor to the Minnesota Department of Revenue for
approval. The form is used to receive certification from the state that the vendor
has complied with the requirement to withhold and remit state withholding taxes
for employee salaries paid.
D. Final Payment. Upon final completion of the Work, Owner shall pay the
remainder of the Contract Price as recommended by the Parks Superintendent.
Final completion shall be when all of the work is completed per the contract.
5. COMPLETION DATE. The Work shall be completed by November 17, 2023. In the
event of inclement weather, both parties shall agree to a modified completion date no later than May 10,
2024.
6. CONTRACTOR’S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents and other
related data identified in the Contract Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance
of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local laws
and regulations that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified
in the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the site.
E. Contractor has obtained and carefully studied (or assumes responsibility for doing
so) all additional or supplementary examinations, investigations, explorations,
tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed
by Contractor, including any specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Bidding Documents, and
safety precautions and programs incident thereto.
Page 26 of 107
223319v1
F. Contractor does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work
at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
G. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
H. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
7. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Contractor shall comply
with Minnesota Statutes § 471.425. Contractor must pay subcontractor for all undisputed services
provided by subcontractor within ten (10) days of Contractor’s receipt of payment from City. Contractor
must pay interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractor
on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of One Hundred and no/100 Dollars ($100.00) or more is Ten and no/100
Dollars ($10.00).
8. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the
duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability
Insurance as required under the laws of the State of Minnesota.
9. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a
certificate of insurance showing proof of the required insurance required under this
Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6)
months after the City has accepted the public improvements, such insurance as shall protect Contractor
and the City for work covered by the Contract including workers’ compensation claims and property
damage, bodily and personal injury which may arise from operations under this Contract, whether such
operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum
amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Page 27 of 107
223319v1
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
The Contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained
with responsible insurance companies organized under the laws of one of the states of the United
States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees
and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with
the City. A copy of the endorsement must be submitted with the certificate of insurance.
Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded
under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to
the City, or ten (10) days’ notice for non-payment of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy
limits on a follow-form basis to satisfy the full policy limits required by this Contract.
10. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship and materials which may develop in any part of the contracted service, and upon proper
notification by the City shall immediately replace, without cost to the City, any such faulty work for a
period of one year post substantial completion of the project.
11. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to
defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against
all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of
Contractor’s negligence or its performance or failure to perform its obligations under this
Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or
indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be
liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this
Contract.
12. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds are
not required.
13. MISCELLANEOUS.
A. Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements, and obligations contained
in the Contract Documents.
Page 28 of 107
223319v1
B. Any provision or part of the Contract Documents held to be void or unenforceable
under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon Owner and Contractor, who agree that
the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible
to expressing the intention of the stricken provisions.
C. Data Practices/Records.
(1) All data created, collected, received, maintained or disseminated for any
purpose in the course of this Contract is governed by the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable
state statute, or any state rules adopted to implement the act, as well as
federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and practices to
the Contractor and its subcontractors, if any, relative to this Contract are
subject to examination by the City.
D. All reports, plans, models, software, diagrams, analyses, and information
generated in connection with performance of this Agreement shall be the property
of the City. The City may use the information for its purposes.
E. Patented devices, materials and processes. If the Contract requires, or the
Contractor desires, the use of any design, devise, material or process covered by
letters, patent or copyright, trademark or trade name, the Contractor shall provide
for such use by suitable legal agreement with the patentee or owner and a copy of
said agreement shall be filed with the Owner. If no such agreement is made or
filed as noted, the Contractor shall indemnify and hold harmless the Owner from
any and all claims for infringement by reason of the use of any such patented
designed, device, material or process, or any trademark or trade name or copyright
in connection with the Project agreed to be performed under the Contract, and shall
indemnify and defend the Owner for any costs, liability, expenses and attorney's
fees that result from any such infringement.
F. In providing services hereunder, Contractor shall abide by all statutes, ordinances,
rules and regulations pertaining to the provisions of services to be provided.
G. Assignment. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other party, and
then only upon such terms and conditions as both parties may agree to and set
forth in writing.
H. Waiver. In the particular event that either party shall at any time or times waive
any breach of this Contract by the other, such waiver shall not constitute a waiver
Page 29 of 107
223319v1
of any other or any succeeding breach of this Contract by either party, whether of
the same or any other covenant, condition or obligation.
I. Governing Law/Venue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive venue shall
be in the District Court of the State of Minnesota for Dakota County.
J. Severability. If any provision, term or condition of this Contract is found to be or
become unenforceable or invalid, it shall not affect the remaining provisions,
terms and conditions of this Contract, unless such invalid or unenforceable
provision, term or condition renders this Contract impossible to perform. Such
remaining terms and conditions of the Contract shall continue in full force and
effect and shall continue to operate as the parties’ entire contract.
K. Entire Agreement. This Contract represents the entire agreement of the parties
and is a final, complete and all-inclusive statement of the terms thereof, and
supersedes and terminates any prior agreement(s), understandings or written or
verbal representations made between the parties with respect thereto.
L. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give
all notices necessary and incidental to the construction and completion of the
Project. The City will obtain all necessary rights-of-way and easements. The
Contractor shall not be entitled to any additional compensation for any
construction delay resulting from the City’s not timely obtaining rights-of-way or
easements.
M. If the work is delayed or the sequencing of work is altered because of the action
or inaction of the Owner, the Contractor shall be allowed a time extension to
complete the work but shall not be entitled to any other compensation.
N. This Agreement may be terminated by the City for any reason or for convenience
upon written notice to the Contractor. In the event of termination, provided
Contractor is not in default of the Contract, the City shall pay the Contractor for
completed Work.
OWNER: CONTRACTOR:
CITY OF LAKEVILLE FRIEDGES LANDSCAPING, INC.
BY: ____________________________ BY: ____________________________
Luke M. Hellier, Mayor
Its: _______________________
AND ___________________________
Ann Orlofsky, City Clerk
Vice President
Page 30 of 107
223319v1
ATTACHMENT A
RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF
COMPLIANCE
Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. … any prime contractor or subcontractor
that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those
criteria is not a responsible contractor and is not eligible to be awarded a construction contract for
the project or to perform work on the project…
Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA.
"Responsible contractor" means a contractor that conforms to the responsibility requirements in the
solicitation document for its portion of the work on the project and verifies that it meets the
following minimum criteria:
(1) The Contractor:
(i) is in compliance with workers' compensation and unemployment insurance requirements;
(ii) is currently registered with the Department of Revenue and the Department of
Employment and Economic Development if it has employees;
(iii) has a valid federal tax identification number or a valid Social Security number if an
individual; and
(iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of
State if a foreign corporation or cooperative.
(2) The contractor or related entity is in compliance with and, during the three-year period
before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44,
181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to
219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a
violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate
projects for a total underpayment of $25,000 or more within the three-year period;
(ii) has been issued an order to comply by the commissioner of Labor and Industry that has
become final;
(iii) has been issued at least two determination letters within the three-year period by the
Department of Transportation finding an underpayment by the contractor or related entity to
its own employees;
(iv) has been found by the commissioner of Labor and Industry to have repeatedly or
willfully violated any of the sections referenced in this clause pursuant to section 177.27;
(v) has been issued a ruling or findings of underpayment by the administrator of the Wage
and Hour Division of the United States Department of Labor that have become final or have
been upheld by an administrative law judge or the Administrative Review Board; or
(vi) has been found liable for underpayment of wages or penalties or misrepresenting a
construction worker as an independent contractor in an action brought in a court having
Page 31 of 107
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jurisdiction. Provided that, if the contractor or related entity contests a determination of
underpayment by the Department of Transportation in a contested case proceeding, a
violation does not occur until the contested case proceeding has concluded with a
determination that the contractor or related entity underpaid wages or penalties;*
(3) The contractor or related entity is in compliance with and, during the three-year period
before submitting the verification, has not violated section 181.723 or chapter 326B. For
purposes of this clause, a violation occurs when a contractor or related entity has been issued
a final administrative or licensing order;*
(4) The contractor or related entity has not, more than twice during the three-year period before
submitting the verification, had a certificate of compliance under section 363A.36 revoked or
suspended based on the provisions of section 363A.36, with the revocation or suspension
becoming final because it was upheld by the Office of Administrative Hearings or was not
appealed to the office;*
(5) The contractor or related entity has not received a final determination assessing a monetary
sanction from the Department of Administration or Transportation for failure to meet
targeted group business, disadvantaged business enterprise, or veteran-owned business
goals, due to a lack of good faith effort, more than once during the three-year period before
submitting the verification;*
* Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5),
occurring prior to July 1, 2014, shall not be considered in determining whether a
contractor or related entity meets the minimum criteria.
(6) The contractor or related entity is not currently suspended or debarred by the federal
government or the state of Minnesota or any of its departments, commissions, agencies, or
political subdivisions; and
(7) All subcontractors and motor carriers that the contractor intends to use to perform project
work have verified to the contractor through a signed statement under oath by an owner or
officer that they meet the minimum criteria listed in clauses (1) to (6).
Page 32 of 107
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Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION.
A prime contractor or subcontractor shall include in its verification of compliance under
subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the
project.
If a prime contractor or any subcontractor retains additional subcontractors on the project after
submitting its verification of compliance, the prime contractor or subcontractor shall obtain
verifications of compliance from each additional subcontractor with which it has a direct
contractual relationship and shall submit a supplemental verification confirming compliance
with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.
A prime contractor shall submit to the contracting authority upon request copies of the signed
verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause
(7). A prime contractor and subcontractors shall not be responsible for the false statements of
any subcontractor with which they do not have a direct contractual relationship. A prime
contractor and subcontractors shall be responsible for false statements by their first-tier
subcontractors with which they have a direct contractual relationship only if they accept the
verification of compliance with actual knowledge that it contains a false statement.
Subd. 5a. Motor carrier verification. A prime contractor or subcontractor shall obtain
annually form all motor carriers with which it will have a direct contractual relationship a
signed statement under oath by an owner or officer verifying that they meet all of the minimum
criteria in subdivision 3 prior to execution of a construction contract with each motor carrier. A
prime contractor and subcontractor shall require each such motor carrier to provide it with
immediate written notification in the event that the motor carrier no longer meets one or more
of the minimum criteria in subdivision 3 after submitting its annual verification A motor
carrier shall be ineligible to perform work on a project covered by this section if it does not
meet all minimum criteria in subdivision 3. Upon request, a prime contractor or subcontractor
shall submit to the contracting authority the signed verifications of compliance from all motor
carriers providing for-hire transportation of materials, equipment, or supplies for a project
Page 33 of 107
223319v1
Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE.
A contractor responding to a solicitation document of a contracting authority shall submit to
the contracting authority a signed statement under oath by an owner or officer verifying
compliance with each of the minimum criteria in subdivision 3 at the time that it responds to
the solicitation document.
A contracting authority may accept a sworn statement as sufficient to demonstrate that a
contractor is a responsible contractor and shall not be held liable for awarding a contract in
reasonable reliance on that statement. Failure to verify compliance with any one of the minimum
criteria or a false statement under oath in a verification of compliance shall render the prime
contractor or subcontractor that makes the false statement ineligible to be awarded a construction
contract on the project for which the verification was submitted.
A false statement under oath verifying compliance with any of the minimum criteria may result
in termination of a construction contract that has already been awarded to a prime contractor or
subcontractor that submits a false statement. A contracting authority shall not be liable for
declining to award a contract or terminating a contract based on a reasonable determination that
the contractor failed to verify compliance with the minimum criteria or falsely stated that it
meets the minimum criteria.
CERTIFICATION
By submitting this document I certify that I am an owner or officer of the company, and I
swear under oath that:
1) My company meets each of the Minimum Criteria to be a responsible contractor as
defined herein and is in compliance with Minn. Stat. § 16C.285,
2) I have included Attachment A-1 with my company’s solicitation response, and have listed
all subcontractors, including but not limited to those recorded on my Small and
Underutilized Business (SUBP) Participation form, and
3) if my company is awarded a contract, I will also submit Attachment A-2 as required.
Printed Name: Company Name:
Title: Date:
NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a
solicitation document, a contracting authority may award a construction contract to the
responding prime contractor even if the minimum criteria in subdivision 3 are not met.
Justin Friedges Friedges Landscaping, Inc.
Vice President 8/15/23
Page 34 of 107
11
223319v1
ATTACHMENT A-1
FIRST-TIER SUBCONTRACTORS LIST
SUBMIT WITH PRIME CONTRACTOR RESPONSE
Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its
verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it
intends to retain for work on the project. Prior to execution of a construction contract, and as a
condition precedent to the execution of a construction contract, the apparent successful prime
contractor shall submit to the contracting authority a supplemental verification under oath
confirming compliance with subdivision 3, clause 7. Each contractor or subcontractor shall
obtain from all subcontractors with which it will have a direct contractual relationship a signed
statement under oath by an owner or officer verifying that they meet all of the minimum criteria
in subdivision 3 prior to execution of a construction contract with each subcontractor.
This list should also include all subcontractors listed on your Small and Underutilized
Business (SUBP) Participation form.
FIRST TIER SUBCONTRACTOR NAMES
(Legal name of company as registered with the Secretary of
State)
Name of city where
company home office is
located
None
Page 35 of 107
12
223319v1
*Attach additional sheets as needed for submission of all first-tier subcontractors.
SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-1
By signing this document I certify that I am an owner or officer of the company, and I
swear under oath that:
All first-tier subcontractors listed on Attachment A-1 have verified through a signed
statement under oath by an owner or officer that they meet the minimum criteria to be a
responsible contractor as defined in Minn. Stat. § 16C.285.
Authorized Signature of Owner or Officer: Printed Name:
Title:
Date:
Company Name:
Justin Friedges
Vice President
8/15/23
Friedges Landscaping, Inc.
Page 36 of 107
7620 Jennifer Lane Prior Lake, MN 55372
(612) 369-5109
www.mainlineconsulting.net
Tuesday, August 15, 2023
To: City of Lakeville
Paul Miskimen
7570 179th Street
Lakeville, MN 55044
Re: Aronson PHII
Lakeville, MN
Materials
HLS Outdoors $69,220.11
Contingency $6,742.00
Total $75,962.11
SiteOne $71,849.76
Contingency $7,168.76
Total $79,017.76
Contractor Bids
Albrecht $136,500.00
Addendum #1 Received
Completion November 17, 2023 weather permitting
Additional notes pertaining to soil correction and turf
Friedges $111,730.00
Addendum #1 Received
Completion November 17, 2023 weather permitting
IBD $136,416.00
Addendum #1 Received
Completion November 17, 2023 weather permitting
Respectfully,
Jim Ruzicka
President
Page 37 of 107
QUOTE
0012163897
HLS OUTDOOR - EAGAN
2015 SILVER BELL RD STE 110 A : c t c n o u u o n c t c : A H004441 0001
EAGAN, MN 55122-3171 B : r h a c nc n h ar : B HLSEAGA
FAX (651)-333-4228 P : h e o n n o e h : P (612)-427-8554 Phone: (651)-333-4225 F : a xa : F ( )- -
Bill To:CITY OF LAKEVILLE Ship To:CITY OF LAKEVILLE
20195 HOLYOKE AVE 20195 HOLYOKE AVE
LAKEVILLE, MN 55044 LAKEVILLE, MN 55044
Page 1 of 7
PO: Aronson Phase 2 Ref: Job:
Exp Delv Date: 07 3 / 2 1 / 71 /2 / 3 70 Sales J LATTERELL Type: WILLCALL Ship Via: WCLATER
Activation Date: 08 3 / 2/ 09 0 / / 2 8 3 0 Agents Quoted For:
Close Date: 0 3 9 2 /0 / 8 0 / / 23 90 J LATTERELL Quoted By: SW200805
QUANTITY UOM ITEM/DESCRIPTION PRICE/UOM AMOUNT
40 4 EA HTRI2504SS 4" 4 / 1 6 .0 . 6 1 / 4 EA 1 2 ,6 4 4 6, 2. 1 40
HUNTER I-25 ULTRA 4" ROTOR SS W/CV
Supp#: I2504SS
2 52 EA HTRI2504SSHS 4" 1 / 0 1 4 8. 8 4 1 0 / 1 EA 2 0 ,6 2 2 6 0 , 2 .25
HUNTER I-25 ULTRA 4" ROTOR SS W/CV HS
HIGH SPEED
Supp#: I2504SSHS
25 2 EA DUB60 6" 3 / .3 6 6 3. / 3 EA 8 4 . 8 00
DURA ROUND VALVE BOX BLACK W/GREEN LID
ICV
Supp#: 60
1 9 1 1 9 1 EA HTRI4004SSON 4" 7 / 1 9 .3 . 9 1 / 7 EA 8, 5 4 9 9 4 5 , 8 .41
HUNTER I-40 ULTRA FC ROTOR SS CV OPP NOZ
Supp#: I4004SSON
1 4 84 81 EA RBLTSJ12 1" X 12" 1 / 8 1 .1 . 1 8 / 1 EA 3, 2 3 3 3 3, 2 3 .24
RB SWING JOINT
TSJ12
Supp#: A66705
3 63 EA HTRICV201GFS 2" 1 / 5 0 8 6. 6 8 0 5 / 1 EA 5 9 ,7 0 0 7, 9 5 .60
HUNTER 2" STR VLV W/FC,FILTER SENTRY
Supp#: ICV201GFS
36 3 EA BLNBL5201 1 VALVE 1 / 6 6 9 2 .2 9 6 6 / 1 EA 6, 3 0 9 9 0, 3 6 .36
BASELINE BICODER DIRECT BURIAL
Supp#: BL-5201
72 7 EA MMMDBRYEA #18 - #10 AWG 1 / . 88. / 1 EA 13 53 5. 1 36
3M DBRY-6 KIT 600V EACH
Supp#: 3MDBRY6BK
Printed: 08/16/23 15:42:53 Page 38 of 107
QUOTE
0012163897
HLS OUTDOOR - EAGAN
2015 SILVER BELL RD STE 110 A : c t c n o u u o n c t c : A H004441 0001
EAGAN, MN 55122-3171 B : r h a c nc na h r : B HLSEAGA
FAX (651)-333-4228 P : h e o n n o e h : P (612)-427-8554 Phone: (651)-333-4225 F : a xa : F ( )- -
Bill To:CITY OF LAKEVILLE Ship To:CITY OF LAKEVILLE
20195 HOLYOKE AVE 20195 HOLYOKE AVE
LAKEVILLE, MN 55044 LAKEVILLE, MN 55044
Page 2 of 7
PO: Aronson Phase 2 Ref: Job:
Exp Delv Date: 0 3 7/ 2 1 / 7/ 1 2 / 3 70 Sales J LATTERELL Type: WILLCALL Ship Via: WCLATER
Activation Date: 0 3 8 2 /0 / 9 / 0 2 / 3 80 Agents Quoted For:
Close Date: 09 32 / / 0 8 / 0 2 / 3 90 J LATTERELL Quoted By: SW200805
QUANTITY UOM ITEM/DESCRIPTION PRICE/UOM AMOUNT
36 3 EA NDSBTU2000E 2" 9 / 5 8 .8 . 8 5 / 9 EA 3, 1 4 5 5 4, 1. 3 68
NDS TRUE UNION BALL VALVE EPDM S & F
Supp#: BTU-2000-E
1 1 EA NIBT113K015 1-1/2" 1 / 5 6 6 1 .1 6 6 5 / 1 EA 1 6 56 5 . 1 16
NIBCO T113-K GATE VALVE
W/ CROSS HANDLE
Supp#: NL0JE0C
1 1 EA NIBP619RW040 4" 3 / 7 5 3 2. 2 3 5 7 / 3 EA 3 3 7 7 3 3 .25
NIBCO P619 RW GATE VALVE G X G
Supp#: NHAC21H
1 1 EA HTRICV151G 1-1/2" 8 / 9 0 . 0. 0 9 / 8 EA 89 8 .00
HUNTER 1-1/2" STRAIGHT VLV W/FC 220 PSI
GLOBE VALVE FLOW CONTROL 1-1/2IN
Supp#: ICV151G
1 1 EA BLNBL5201MV 1 / 9 0 5 3. 3 5 0 9 / 1 EA 19 59 5 1 .30
BASELINE DB MASTER VALVE BICODER
Supp#: BL-5201MV
1 1 EA FLMQS20015 1-1/2" 3 / 6 0 1 3. 3 1 0 6 / 3 EA 3 1 61 6 . 3 30
FLOMEC ULTRASONIC FLOWMETER
Supp#: QS200-15
1 1 EA BLNBL5308 3 / 8 6 0 0. 0 0 6 8 / 3 EA 38 0 0 8 . 3 06
BASELINE FLOW SENSOR BICODER
Supp#: BL-5308
4 04 EA DUB150 15" X 21" X 12" 4 / 1 2 .4 . 2 1 / 4 EA 1, 6 6 5 5 6 6 , 1 .80
DURA RECT VALVE BOX BLACK W/GREEN LID
ICV
Supp#: 150
Printed: 08/16/23 15:42:53 Page 39 of 107
QUOTE
0012163897
HLS OUTDOOR - EAGAN
2015 SILVER BELL RD STE 110 A : c t c n o u u o n c t c : A H004441 0001
EAGAN, MN 55122-3171 B : r h an c c n h ar : B HLSEAGA
FAX (651)-333-4228 P : h e o n n o e h : P (612)-427-8554 Phone: (651)-333-4225 F : a xa : F ( )- -
Bill To:CITY OF LAKEVILLE Ship To:CITY OF LAKEVILLE
20195 HOLYOKE AVE 20195 HOLYOKE AVE
LAKEVILLE, MN 55044 LAKEVILLE, MN 55044
Page 3 of 7
PO: Aronson Phase 2 Ref: Job:
Exp Delv Date: 07 32 /1 / 7/ 1/ 23 70 Sales J LATTERELL Type: WILLCALL Ship Via: WCLATER
Activation Date: 0 3 8/ 2 0 / 90 /2 / 3 80 Agents Quoted For:
Close Date: 09 32 / / 0 8 / 0 2 / 3 90 J LATTERELL Quoted By: SW200805
QUANTITY UOM ITEM/DESCRIPTION PRICE/UOM AMOUNT
5 5 EA BLNBL5311 5" 3 / 2 0 5 5. 5 5 0 2 / 3 EA 1, 7 6 2 2 6 7 , 1 .50
BASELINE MOISTURE BI SENSOR SOIL
W/MOISTURE BI SENSOR SOIL 5" W/50' WIRE
Supp#: BL-5311
5 5 EA DUB60 6" 3 / . 6 36 3. / 3 EA 1 61 .80
DURA ROUND VALVE BOX BLACK W/GREEN LID
ICV
Supp#: 60
9 9 EA BLNBL5401 3 / 3 8 2 4 .4 2 8 3 / 3 EA 2, 2 9 9 9 9 2 , . 2 32
BASELINE OUTSIDE OPERATION BUTTON
IN PLASTIC WALL MOUNT ENCLOSURE
Supp#: BL-5401
1 1 EA BLNBL5407KITPRO 1 / ,1 8 1 2. 2 2 . 1 2 1 8 , / 1 EA 1, 2 1 1 1 1, 2 1 .28
BASELINE BICODER W/ RAIN BUCKET KIT
BL-5407 BICODER WITH PRE-WIRED TIPPING RAIN BUCKET AND
BL-5311 SOIL MOISTURE SENSOR.
Supp#: BL-5407-KIT-PRO
13 1 EA BLNBLLA01 1 / 0 4 0 4 .4 0 4 0 / 1 EA 1, 5 3 0 0 3, 5 1 .72
BASELINE LIGHTNING ARRESTOR DIRECT BURI
LIGHTNING ARRESTOR DIRECT BURIAL
Supp#: BL-LA01
1 31 EA ELEW588 5/8" X 8' 4 / 0 0 . 2. 0 0 / 4 EA 5 2 2. 5 60
GROUND ROD
Supp#: C588
1 31 EA ELEWB58 5/8" 3 / .3 53 5 . / 3 EA 43. 4 55
GROUND ROD CLAMP
Supp#: GRE58
Printed: 08/16/23 15:42:53 Page 40 of 107
QUOTE
0012163897
HLS OUTDOOR - EAGAN
2015 SILVER BELL RD STE 110 A : c t c n o u u o n c t c : A H004441 0001
EAGAN, MN 55122-3171 B : ra hc n n ch ar : B HLSEAGA
FAX (651)-333-4228 P : h e o n n o e h : P (612)-427-8554 Phone: (651)-333-4225 F : a xa : F ( )- -
Bill To:CITY OF LAKEVILLE Ship To:CITY OF LAKEVILLE
20195 HOLYOKE AVE 20195 HOLYOKE AVE
LAKEVILLE, MN 55044 LAKEVILLE, MN 55044
Page 4 of 7
PO: Aronson Phase 2 Ref: Job:
Exp Delv Date: 0 3 7 2 / / 1 71 /2 / 3 70 Sales J LATTERELL Type: WILLCALL Ship Via: WCLATER
Activation Date: 0 3 8 2 / / 0 9 / 0 2 / 8 3 0 Agents Quoted For:
Close Date: 0 3 9/ 2 0 / 8/ 0 2 / 9 3 0 J LATTERELL Quoted By: SW200805
QUANTITY UOM ITEM/DESCRIPTION PRICE/UOM AMOUNT
1 31 EA DUB100 10" 1 / 1 0 . 2. 0 1 / 1 EA 1 5 4 4 5 1 .60
DURA ROUND VALVE BOX BLACK W/GREEN LID
ICV
Supp#: 100
35 0 00 53 FT WIC1402JH2500BL 2500' 0 / . 4 36 6 4 3. / 0 FT 1, 2 2 8 8 2 2 , . 1 40
IRR 14/2 HUNTER JACKETED BLUE
IRR 14/2 JACKETED HUNTER BLUE DECODER WIRE 2500'
Supp#: 14HJ45
6 0 260 26 FT BEP015CL200 1-1/2" X 20' 0 / .6 36 3 . / 0 FT 3, 3 9 4 4 9 3 , . 3 80
PVC PIPE CL 200 WHITE BE
BELL END
Supp#: 46285
1 0 6 86 0 1 FT BEP020CL200 2" X 20' 0 / . 7 87 8. / 0 FT 1, 1 4 6 6 4, 1 1 .60
PVC PIPE CL 200 WHITE BE
BELL END
Supp#: 46345
4 0 3 2 0 34 FT BEP025CL200 2-1/2" X 20' 1 / . 0 5 5 0 . / 1 FT 6, 0 4 8 8 4, 0 6 .00
PVC PIPE CL 200 WHITE BE
BELL END
Supp#: 46410
1 0 30 3 0 1 FT BEP030CL200 3" X 20' 2 / .2 02 0 . / 2 FT 2, 0 8 6 6 8, 0. 2 00
PVC PIPE CL 200 WHITE BE
BELL END
Supp#: 46470
19 049 0 1 FT BEP040CL200 4" X 20' 3 / . 0 70 7. / 3 FT 7, 8 1 7 7 1, 8. 7 00
PVC PIPE CL 200 WHITE BE
BELL END
Supp#: 47275
Printed: 08/16/23 15:42:53 Page 41 of 107
QUOTE
0012163897
HLS OUTDOOR - EAGAN
2015 SILVER BELL RD STE 110 A : c t c n o u u o n c t c : A H004441 0001
EAGAN, MN 55122-3171 B : r h an c c na h r : B HLSEAGA
FAX (651)-333-4228 P : h e o n n o e h : P (612)-427-8554 Phone: (651)-333-4225 F : a xa : F ( )- -
Bill To:CITY OF LAKEVILLE Ship To:CITY OF LAKEVILLE
20195 HOLYOKE AVE 20195 HOLYOKE AVE
LAKEVILLE, MN 55044 LAKEVILLE, MN 55044
Page 5 of 7
PO: Aronson Phase 2 Ref: Job:
Exp Delv Date: 0 3 7/ 2/ 17/ 1/ 2 7 3 0 Sales J LATTERELL Type: WILLCALL Ship Via: WCLATER
Activation Date: 0 3 8/ 2/ 0 90 /2 / 8 3 0 Agents Quoted For:
Close Date: 0 3 9/ 2 0 / 8 0 /2 / 9 3 0 J LATTERELL Quoted By: SW200805
QUANTITY UOM ITEM/DESCRIPTION PRICE/UOM AMOUNT
6 6 EA S4PBH338 3" X 2" 4 / . 7 0 0 7 . / 4 EA 24. 2 42
SCH 40 PVC BUSHING SPXS 437-338
SCH 40 PVC REDUCER BUSHING SPIG X SLIP 3IN X 2IN
Supp#: 437338
1 1 EA S4PBH419 4" X 1-1/2" 1 / 1 2 . 1. 2 1 / 1 EA 11 1 .12
SCH 40 PVC BUSHING SPXS 437-419
Supp#: 437419
2 2 EA S4PT040 4" 2 / 2 9 .1 . 9 2 / 2 EA 44. 4 38
SCH 40 PVC TEE SLIP 401-040
SCH 40 PVC TEE SLIP 4IN
Supp#: 401040
5 5 EA S4P90S040 4" 1 / 4 5 .9 . 5 4 / 1 EA 7 4 . 7 75
SCH40 PVC 90 ELBOW SLIP 406-040
SCH 40 PVC 90 DEGREE ELBOW SLIP 4IN
Supp#: 406040
3 3 EA S4P45S040 4" 1 / 9 8 .4 . 8 9 / 1 EA 5 85 .44
SCH40 PVC 45 ELBOW SLIP 417-040
SCH 40 PVC 45 DEGREE ELBOW SLIP 4IN
Supp#: 417040
2 2 EA S4PBH339 3" X 2-1/2" 4 / .0 7 7 0. / 4 EA 8 8 .14
SCH 40 PVC BUSHING SPXS 437-339
SCH 40 PVC REDUCER BUSHING SPIG X SLIP 3IN X 2-1/2IN
Supp#: 437339
10 1 EA S4PTSSF335 3" X 3" X 1" 1 / 4 3 .6 . 3 4 / 1 EA 1 6 46 41 .30
SCH 40 PVC TEE SXSXF 402-335
Supp#: 402335
Printed: 08/16/23 15:42:53 Page 42 of 107
QUOTE
0012163897
HLS OUTDOOR - EAGAN
2015 SILVER BELL RD STE 110 A : c t c n o u u o n c t c : A H004441 0001
EAGAN, MN 55122-3171 B : r h an c c n h ar : B HLSEAGA
FAX (651)-333-4228 P : h e o n n o e h : P (612)-427-8554 Phone: (651)-333-4225 F : a xa : F ( )- -
Bill To:CITY OF LAKEVILLE Ship To:CITY OF LAKEVILLE
20195 HOLYOKE AVE 20195 HOLYOKE AVE
LAKEVILLE, MN 55044 LAKEVILLE, MN 55044
Page 6 of 7
PO: Aronson Phase 2 Ref: Job:
Exp Delv Date: 07 3 / 2 1 / 7 / 1/ 2 7 3 0 Sales J LATTERELL Type: WILLCALL Ship Via: WCLATER
Activation Date: 08 3 / 2/ 0 9 / 0 2 / 8 3 0 Agents Quoted For:
Close Date: 09 32 / / 0 8 / 0 2 / 3 90 J LATTERELL Quoted By: SW200805
QUANTITY UOM ITEM/DESCRIPTION PRICE/UOM AMOUNT
5 5 EA S4PT030 3" 1 / 2 7 .2 . 7 2 / 1 EA 61. 6 35
SCH 40 PVC TEE SLIP 401-030
SCH 40 PVC TEE SLIP 3IN
Supp#: 401030
1 1 EA S4P90S030 3" 8 / .3 73 7 . / 8 EA 8. 8 37
SCH40 PVC 90 ELBOW SLIP 406-030
SCH 40 PVC 90 DEGREE ELBOW SLIP 3IN
Supp#: 406030
3 3 EA S4P45S030 3" 1 / 5 3 . 0. 3 5 / 1 EA 4 5 . 4 09
SCH40 PVC 45 ELBOW SLIP 417-030
SCH 40 PVC 45 DEGREE ELBOW SLIP 3IN
Supp#: 417030
80 8 FT BEP080CL200 8" X 20' 1 / 4 6 .2 732 7 . 6 4 / 1 FT 1 9 ,1 3 3 1 9 , . 1 01
PVC PIPE CL 200 WHITE BE
BELL END
Supp#: 47335
8 08 FT BEP015CL200 1-1/2" X 20' 0 / .6 36 3 . / 0 FT 5 0 . 5 40
PVC PIPE CL 200 WHITE BE
BELL END
Supp#: 46285
18 00 0 81 EA 900 1 / .00 . / 1 EA 1 0 ,8 0 0 8, 0. 1 00
Lateral Pipe Fitting Allowance.
Lateral Pipe Fitting Allowance.
67 24 2 76 EA QMISCITEM QUOTE ONLY 1 / .0 0. / 1 EA 6, 2 7 4 4 7 2 , . 6 00
MISC BID ITEMS
MISCELLANEOUS PIPE FITTINGS FOR MAINLINE/LATERAL PIPING, PRIMER, GLUE, ETC. 10% OF
TOTAL MATERIALS.
Printed: 08/16/23 15:42:53 Page 43 of 107
QUOTE
0012163897
HLS OUTDOOR - EAGAN
2015 SILVER BELL RD STE 110 A : c t c n o u u o n c t c : A H004441 0001
EAGAN, MN 55122-3171 B : r h an c c na h r : B HLSEAGA
FAX (651)-333-4228 P : h e o n n o e h : P (612)-427-8554 Phone: (651)-333-4225 F : a xa : F ( )- -
Bill To:CITY OF LAKEVILLE Ship To:CITY OF LAKEVILLE
20195 HOLYOKE AVE 20195 HOLYOKE AVE
LAKEVILLE, MN 55044 LAKEVILLE, MN 55044
Page 7 of 7
PO: Aronson Phase 2 Ref: Job:
Exp Delv Date: 07 32 / / 17/ 1/ 2 7 3 0 Sales J LATTERELL Type: WILLCALL Ship Via: WCLATER
Activation Date: 0 3 8 2 /0 / 9 / 0 2 / 3 80 Agents Quoted For:
Close Date: 09 3 / 2 0 / 8/ 0 2 / 9 3 0 J LATTERELL Quoted By: SW200805
QUANTITY UOM ITEM/DESCRIPTION PRICE/UOM AMOUNT
Subtotal 75 2 , 6 9 9, 62 57 .11
Payment Terms: Total: $ 1 7 1 5 . ,9 269 2 , . 5 11 7$ NET 30 DAYS
Printed: 08/16/23 15:42:53 Page 44 of 107
Date: 8/21/2023
Timbercrest at Lakeville 10th Addition Assignment of Development Contract
Proposed Action
Staff recommends adoption of the following motion: Move to approve the assignment of the
Development Contract and Planned Unit Development Agreement from National Retail
Properties, LP ,and NNN Reit, LP to National Veterinary Associates, Inc.
Overview
Representatives of National Retail Properties, LP, now known as NNN Reit, LP, request
approval of an assignment of the development contract for Timbercrest at Lakeville 10th
Addition to National Veterinary Associates, Incorporated. The City Council approved the
Timbercrest at Lakeville 10th Addition final plat at its March 20, 2023 meeting. The
Development Contract requires that the City Council approve this Assignment of Development
Contract and Planned Unit Development Agreement to National Veterinary Associates, Inc.,
which will be the entity leasing the property for the proposed animal kennel use approved with
the final plat. The City Attorney will oversee the recording of the final plat and related official
documents. The property is located north of 185th Street (CSAH 60) and east of Orchard Trail.
An 11,000-square-foot animal kennel is proposed to be constructed on the site.
Supporting Information
1. Timbercrest Development Contract
Financial Impact: $$0.00 Budgeted: No Source:
Envision Lakeville Community Values: Diversified Economic Development
Report Completed by: Frank Dempsey, Associate Planner
Page 45 of 107
1
225197v4 Timbercrest At Lakeville 10th Addition
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
TIMBERCREST AT LAKEVILLE 10TH ADDITION
CONTRACT dated ____________________, 2023, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and NATIONAL RETAIL PROPERTIES, LP, a Delaware
limited partnership (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
and Site Plan for TIMBERCREST AT LAKEVILLE 10TH ADDITION (referred to in this Contract as the "plat").
The land is situated in the County of Dakota, State of Minnesota, and is legally described as:
Outlot A, TIMBERCREST AT LAKEVILLE 9TH ADDITION, Dakota County, Minnesota,
according to the recorded plat thereof.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the County
Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or
otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer
following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities,
Page 46 of 107
2
225197v4 Timbercrest At Lakeville 10th Addition
public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security
has been received by the City, 3) the necessary insurance for the Developer and its construction contractors
has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar
of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City
may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the
breach has not been remedied. Development of subsequent phases may not proceed until Development
Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are
not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future
subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final
platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots
and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
Page 47 of 107
3
225197v4 Timbercrest At Lakeville 10th Addition
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the
City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity,
Page 48 of 107
4
225197v4 Timbercrest At Lakeville 10th Addition
and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer’s engineer will be able to certify that the construction work meets the approved City standards as
a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the program
for the construction work. Within thirty (30) days after the completion of the improvements and before the
security is released, the Developer shall supply the City with a complete set of reproducible “as constructed”
plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF file, all prepared
in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City
Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
Page 49 of 107
5
225197v4 Timbercrest At Lakeville 10th Addition
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. Minnesota Department of Health for Watermains
C. MPCA NPDES Permit for Construction Activity
D. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
E. DNR for Dewatering
F. City of Lakeville for Building Permits
G. MCES for Sanitary Sewer Connections
H. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform
dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable
county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall
also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by
November 30, 2024, with the exception of the final wear course of asphalt on streets. The final wear course
on streets shall be installed between August 15th and October 15th the first summer after the base layer of
asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of
time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases and the extended completion date. Final wear course placement
outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose additional
erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall
Page 50 of 107
6
225197v4 Timbercrest At Lakeville 10th Addition
be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with
the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly
as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply
with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure
of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may
draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed
and no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
The plans include a detailed erosion and sediment control plan. The Developer is responsible for
meeting all the requirements of the MPCA Construction Permit. Additional erosion control measures may
be required during construction as deemed necessary by City staff. Any additional measures required
shall be installed and maintained by the Developer. An on-site preconstruction meeting shall be held with
the City prior to the issuance of a building permit.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and final establishment of ground cover or temporary stabilization
approved by the City, the Developer shall provide the City with an “as constructed” grading plan certified by
a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have
been constructed on public easements or land owned by the City. The “as constructed” plan shall include
field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b)
location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions
of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and building
Page 51 of 107
7
225197v4 Timbercrest At Lakeville 10th Addition
pads, and all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance of a
Certificate of Occupancy until the approved certified grading plan is on file with the City and all erosion control
measures are in place as determined by the City Engineer. The Developer certifies to the City that all footings
placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The
soils observation and testing report, including referenced development phases and lot descriptions, shall be
submitted to the Building Official for review prior to the issuance of the Certificate of Occupancy.
Prior to the release of the grading and erosion control security, the “as constructed” plan for the lot
must be submitted to verify that the final as-built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and “as constructed” grading plan is not timely completed, the City may enter the lot,
perform the work, and drawn on the letter of credit. Upon satisfactory completion of the grading, erosion
control and “as constructed” grading plan, the security, less any draw made by the City, shall be released.
A certified as-built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to scheduling a building inspection.
Timbercrest at Lakeville 10th Addition contains more than one acre of site disturbance. A National
Pollution Discharge Elimination System General Stormwater Permit for construction activity is required
from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A
copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the
MPCA.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction in the
plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street
cleaning, and street sweeping.
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17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be three
percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of
credit, assuming normal construction and project scheduling. The Developer shall pay for construction
observation performed by the City’s in-house engineering staff or consulting engineer. Construction
observation shall include part or full time inspection of proposed public utilities and street construction and
will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost.
19. STORM SEWER. A private stormwater management infiltration basin will be constructed
with the Timbercrest at Lakeville 10th Addition development located adjacent to the North property line to
provide water quality volume and rate control for the parent parcel. Prior to recording the plat, the
Developer shall enter into a stormwater maintenance agreement with the City in a recordable form
approved by the City The Developer shall construct the stormwater management basin prior to issuance
of a Certificate of Occupancy for Lot 1, Block 1, Timbercrest at Lakeville 10th Addition.
Construction of the building within Lot 1, Block 1, Timbercrest at Lakeville 10th Addition includes
extended roofing beyond the building perimeter to cover the kennel areas located along the north and east
side of the building to separate stormwater runoff from the kennel areas for sanitation purposes. A raised
walk or concrete gutter will be required around the perimeter of the kennel areas to further separate
stormwater runoff in large rain events.
20. SANITARY SEWER. The Developer shall extend eight (8)-inch private sanitary sewer from
an existing sanitary sewer service provided with the construction of the Timbercrest at Lakeville 7th
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Addition. The Developer shall extend privately owned and maintained sanitary sewer from EX SMH 100
as shown on the utility plan to provide service to the building, as well as extended along the north and east
side of the building to kennel areas. Extension of the sanitary sewer along the north and east edge of the
building perimeter will allow for drainage directly to the sanitary sewer for the kennel areas to separate
drainage from the stormwater runoff.
The Sanitary Sewer Availability Charge has been collected on the parent parcel and will not be
required with the final plat.
21. WATERMAIN. The Developer shall extend a six (6)-inch privately owned and maintained
water service from a private eight (8)-inch water service stub constructed with the Timbercrest at Lakeville
7th Addition to provide domestic and fire suppression service to the Pet Suites facility. This watermain will
be privately-owned and maintained by the Developer and extended from the private service stub as shown
in the Utility Plans.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility, and
building construction shall be from a single rock construction entrance on the privately owned and
maintained driveway through Lot 1, Block 1, Timbercrest At Lakeville 7th Addition to the site as shown on
the Erosion Control Plan.
23. SITE PLAN. The development of Lot 1, Block 1, Timbercrest at Lakeville 10th Addition
includes the construction of a one-story 11,000 square foot Pet Suites Stay and Play animal kennel, animal
daycare and grooming facility, utilities, a retaining wall and associated parking. Access to the site will be
from extending an existing private driveway entrance connecting to the adjacent Orchard Trail.
24. ORCHARD TRAIL IMPROVEMENTS. A privately owned and maintained roadway is
located adjacent to the west side of the parent parcel. Access for the single lot in the subdivision is
proposed to be from the existing private driveway entrance located west of the parent parcel. The driveway
entrance will be shared between the existing Lot 1, Block 1, Timbercrest at Lakeville 7th Addition and the
proposed development. The Developer shall enter into a private cross access agreement with the owner
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225197v4 Timbercrest At Lakeville 10th Addition
of Lot 1, Block 1, Timbercrest At Lakeville 7th Addition in a recordable form approved by the City prior to
plat approval for the shared driveway.
25. PARKS, TRAILS, AND SIDEWALKS. The Park Dedication requirement for the parent
parcel has not been paid and will be satisfied through a cash contribution by the Developer with the final
plat, calculated as follows:
2.033 x $9,290 = $18,886.57
Total Area
Lot 1, Block 1 Timbercrest at
Lakeville 10th Addition
Park Dedication Fee
Per Unit
Park Dedication
Fee required
26. RETAINING WALLS. The Developer proposes to construct two privately owned and
maintained retaining walls. Retaining walls with a combined height over four (4)-feet are subject to
approval of a building permit and must be designed by a registered geotechnical or structural engineer.
The Developer shall enter into an encroachment agreement with the City in a recordable form approved
by the City with the final plat for retaining walls proposed within drainage and utility easements prior to
recording the final plat. The Developer shall construct the retaining walls with the building permit on the
lot. The Developer shall post a $144,932.00 security with the final plat for the construction of the walls,
which will be released when the walls are completed and certified by the design engineer following
construction.
27. STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee for one-year
of streetlight operating expenses at the time of final plat approval, calculated as follows:
241.68 ft X $0.2832/ft/quarter X 4 quarters/year = $273.78
Front Footage Streetlight Operating Fee Total
28. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for
one-year of environmental resources management expenses at the time of final plat approval, calculated
as follows:
2.033 Acres X $59.16/acre X 4.2 X 34.43%/42% = $414.10
Lot Area Environmental Resources
Management Fee
Utility Factor Impervious Area Adjustment Total
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29. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer shall post a $40,000.00 landscaping security at the time of final plat
approval to ensure that the landscaping is installed in accordance with the approved plan.
All trees shall be warranted to be alive, of good quality, and disease free for twelve (12)
months after planting. Any replacements shall be warranted for twelve (12) months from the time of
planting. The Developer or property owner is responsible for contacting the City when all the landscaping
has been installed to set up an inspection.
30. TREE PRESERVATION. There are forty-nine (49) significant trees located on the site. Six
(6) cottonwood trees will be removed as part of this development. No tree removals will take place in the
existing conservation easement.
31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the February 8, 2023, Planning Report and
February 8, 2023, Engineering Report.
B. The site and building for Lot 1, Block 1 shall be developed in compliance with the plans
approved by the City Council and Zoning Ordinance requirements.
C. All landscaped areas adjacent to the building and parking lot shall be irrigated. Trees and shrubs
shall not be planted in street right-of-way.
D. All signs shall comply with the Zoning Ordinance requirements for the C-3 District or as allowed
by the Timbercrest PUD amendment/development stage PUD. A sign permit shall be issued
by the Planning Department prior to the installation of any signs.
E. Snow storage shall not take place in required parking spaces.
F. Site lighting shall not exceed one foot candle at the property line adjacent to public right-of-way.
All exterior light fixtures shall be down-cast design so as not to glare onto public right-of-way
and the north property line.
G. The trash enclosure shall be constructed of materials consistent with the principal building and
shall include a durable, maintenance free gate.
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H. A Sewer Access Charge determination will be required from Metropolitan Council
Environmental Services prior to issuance of a building permit.
I. The Developer shall enter into a parking deferment agreement in a recordable form approved
by the City prior to approval of a building permit. A minimum of 28 parking spaces shall be
provided.
J. The animal kennel operations and management shall at all times be in compliance with State of
Minnesota Building Code requirements, Zoning Ordinance requirements and the Planned Unit
Development Amendment.
K. Any roof-top and ground mounted mechanical units must be screened from view of any public
street as required by the Zoning Ordinance.
L. Two wall signs, one on the west elevation facing Orchard Trail and one on the south elevation
facing 185th Street are allowed with the Timbercrest at Lakeville 10th Addition PUD
Amendment.
M. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $100.00 security for the final placement of interior subdivision
iron monuments at property corners. The security was calculated as follows: one (1) lot/outlot at
$100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor
certifies that all irons have been set following site grading and utility and street construction. In
addition, the certificate of survey must also include a certification that all irons for a specific lot
have either been found or set prior to the issuance of a building permit for that lot.
N. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $90.00.
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O. The Developer is required to submit the final plat in electronic format. The electronic format shall
be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, streets) shall be in electronic format in accordance with standard City specifications.
32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special assessments,
payment of the costs of all public improvements, and construction of all public improvements, the Developer
shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto,
from a bank ("security") for $242,674.33. If an alternate security is furnished, the Developer shall also furnish
a letter of credit for twenty-five percent (25%) of the alternate security amount to cover any contract increases.
The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Retaining Wall $144,932.00
B. Storm Sewer 10,000.00
C. Erosion Control and Restoration 26,749.00
CONSTRUCTION SUB-TOTAL $181,681.00
OTHER COSTS:
A. Developer’s Design (3.0%) $5,450.43
B. Developer’s Construction Survey (2.5%) 4,542.03
C. City Legal Expenses (Est. 0.5%) 908.41
D. City Construction Observation (Est. 5.0%) 9,084.05
E. Developer’s Record Drawings (0.5%) 908.41
F. Landscaping 40,000.00
G. Lot Corners/Iron Monuments 100.00
OTHER COSTS SUB-TOTAL $60,993.33
TOTAL SECURITIES: $242,674.33
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without notice
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if the security is allowed to lapse prior to the end of the required term. If the required public improvements
are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon
receipt of proof satisfactory to the City that work has been completed and financial obligations to the City
have been satisfied, with City approval the security may be reduced from time to time by ninety percent
(90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by
the Developer's engineer shall be retained as security until all improvements have been completed, all
financial obligations to the City satisfied, the required "as constructed" plans have been received by the City,
a warranty security is provided, and the public improvements are accepted by the City Council. The City’s
standard specifications for utility and street construction outline procedures for security reductions.
33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication 18,886.57
B. MS4 Administrative Fee (2% Grading Costs) 471.38
C. Environmental Resources Expenses 414.10
D. Street Light Operating Fee 273.78
E. City Base Map Updating 90.00
F. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 5,450.43
TOTAL CASH REQUIREMENTS $25,586.26
34. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence after
the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure
the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the
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maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The
retainage may be used to pay for warranty work. The City’s standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
35. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in consequence
of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots,
the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt
plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
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Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security
for the development.
F. In addition to the charges and special assessments referred to herein, other charges and special
assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City
water connection charges, City sewer connection charges, and building permit fees.
36. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly
reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as
determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in
advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a
Court order for permission to enter the land. When the City does any such work, the City may, in addition to
its other remedies, assess the cost in whole or in part.
37. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
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E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to
issuance of a permanent or temporary Certificate of Occupancy.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In the
event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the Developer
is well seized in fee title of the property being final platted and/or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
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I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to
their insurance professional for verification that the certificate of insurance is in
compliance with the requirements of the Development Contract. Prior to execution of the
final plat, Developer and its general contractor shall furnish to the City a certificate of insurance
showing proof of the required insurance required under this Paragraph. Developer and its
general contractor shall take out and maintain or cause to be taken out and maintained until six
(6) months after the City has accepted the public improvements, such insurance as shall protect
Developer and its general contractor and the City for work covered by the Contract including
workers’ compensation claims and property damage, bodily and personal injury which may
arise from operations under this Contract, whether such operations are by Developer and its
general contractor or anyone directly or indirectly employed by either of them. The minimum
amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
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All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the states
of the United States and qualified to do business in the State of Minnesota, (ii) shall name the
City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement
which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the
endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least thirty
(30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of
premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required
by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all claims,
actions, damages, losses and expenses, including reasonable attorney fees, arising out of
Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor,
subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for
whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive
the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every
other right, power or remedy, express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order
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as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the Developer
sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of
Completion and Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with
the Building Official evidencing that the retaining wall was constructed in accordance with the
approved plans and specifications. All retaining walls identified on the development plans and
by special conditions referred to in this Contract shall be constructed before any other building
permit is issued for a lot on which a retaining wall is required to be built.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the Developer
or other lot owners in the Development. Private agreements between the owners of lots within
the Development for shared service or access and related matters necessary for the efficient use
of the Development shall be the responsibility of the lot owners and shall not bind or restrict City
authority to approve applications from any lot owner in the Development.
38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: National Retail Properties, LP, 450 South Orange Avenue, #900, Orlando, Florida
32801. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator,
or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville
City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044.
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CITY OF LAKEVILLE
BY: ___________________________________________
Luke M. Hellier, Mayor
(SEAL)
AND __________________________________________
Ann Orlofsky, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2023, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
______________________________________________
Notary Public
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DEVELOPER:
NATIONAL RETAIL PROPERTIES, LP
A Delaware Limited Partnership
By:
_____________________________ [print name]
Its ____________________________ [title]
STATE OF ______________ )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of ____________, 2023,
by __________________________, the __________________________ of National Retail Properties,
LP, a Delaware limited partnership, on behalf of said entity.
Notary Public
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
AMP/smt
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[BANK LETTERHEAD]
IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Lakeville
20195 Holyoke Avenue
Lakeville, Minnesota 55044
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned
bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____,
of (Name of Bank) ";
b) Be signed by the City Administrator or Finance Director of the City of Lakeville.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30,
2_____.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Lakeville Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Lakeville Finance Director, Lakeville City Hall,
20195 Holyoke Avenue, Lakeville, MN 55044, and is actually received by the Finance Director at least thirty (30)
days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice
for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
[NAME OF BANK]
BY: ____________________________________
Its ______________________________
Page 68 of 107
Date: 8/21/2023
Encroachment Agreement with Nash for Private Improvements in Public Easements
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment
Agreement with Anthony and Bethany Nash for private improvements in public easements.
Overview
Anthony Nash (17841 Eclipse Avenue) requests approval to construct a privately-owned and
maintained wall in public easements. The property owner will own and maintain the wall and is
responsible for removing the private improvements if the City determines the public easements
must be utilized.
Supporting Information
1. 17841 Eclipse Avenue Encroachment Agreement
Financial Impact: $0 Budgeted: No Source: N/A
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Lucas Ritchie, Civil Engineer
Page 69 of 107
227378v1
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _______ day of _____________, 2023, by and between the CITY
OF LAKEVILLE, a Minnesota municipal corporation (“City”), and ANTHONY J. NASH and
BETHANY L. NASH, spouses married to each other (“Owners”).
1. BACKGROUND. Owners are the fee owners of certain real property located in the
City of Lakeville, County of Dakota, State of Minnesota, legally described as follows:
PID 22-57104-05-100
Lot 10, Block 5, Pheasant Run of Lakeville 5th Addition, Dakota County,
Minnesota, according to the recorded plat thereof.
having a street address of 17841 Eclipse Avenue, Lakeville, Minnesota 55044 (“Subject Property”).
The City owns easements for drainage and utility purposes over portions of the Subject Property
(“Easement Areas”). Owners desire to install a retaining wall, on the north side of the Subject
Property, which encroaches on the Easement Areas as depicted on the survey sketch attached
hereto as Exhibit “A”.
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227378v1
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment of the retaining wall in the Easement Areas on the Subject Property. Further
conditions of encroachment approval are as follows:
The retaining wall located on the Subject Property shall not impact or increase water drainage
on the abutting property or cause any adverse drainage patterns or erosion to the abutting
property.
Owners agree that the construction of the retaining wall is consistent with all applicable
federal, state and local laws and regulations.
The Owners of the Subject Property will own and maintain the retaining wall.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Easement Areas, Owners, for themselves, their heirs, successors and assigns, hereby
agree to indemnify and hold the City harmless from any damage caused to the Subject Property,
including the retaining wall in the Easement Areas, caused in whole or in part by the encroachment
into the Easement Areas.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this agreement at any time if the City needs to occupy the Easement Areas by giving the
then owner of the Subject Property thirty (30) day advance written notice. The owner of the Subject
Property may be required to remove the retaining wall if it is deemed necessary by the City in order
to exercise the purpose of the Easement Areas. If the owner fails to do so, the City may remove the
retaining wall and charge the cost of removal back to the owner for reimbursement. No notice under
this paragraph shall be required in the event of an emergency condition determined solely by the
City and the Agreement may then be terminated immediately.
5. RECORDING. This Agreement shall run with the land and shall be recorded against
the title to the Subject Property.
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227378v1
CITY OF LAKEVILLE
By: _____________________________________
(SEAL) Luke M. Hellier, Mayor
And ____________________________________
Ann Orlofsky, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _________ day of
__________________, 2023, by Luke M. Hellier and Ann Orlofsky, respectively the Mayor and
City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
______________________________________
Notary Public
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227378v1
PROPERTY OWNERS:
Anthony J. Nash
Bethany L. Nash
STATE OF )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ______ day of
__________________, 2023, by Anthony J. Nash, spouse to Bethany L. Nash.
____________________________________
Notary Public
STATE OF )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ______ day of
__________________, 2023, by Bethany L. Nash, spouse to Anthony J. Nash.
____________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, #290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/smt
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227378v1
EXHIBIT “A”
Page 74 of 107
Date: 8/21/2023
Resolution Adopting Diseased Tree Nuisance Abatement and Special Assessment
Agreement
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution Adopting
Diseased Tree Nuisance Abatement and Special Assessment Agreement.
Overview
The homeowner has requested the cost of the removal of diseased tree be assessed against their
property taxes per the signed special assessment agreement.
Supporting Information
1. Resolution 2023-08-21 - Tree Removal Special Assessment
2. Resolution 2023-08-21 Tree Removal Special Assessment Exhibit B
Financial Impact: $2,400.00 Budgeted: No Source: Assessment
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Cheri Donovan, Assistant Finance Director
Page 75 of 107
226961v1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. ________
Resolution Adopting Diseased Tree Nuisance Abatement and Special Assessment
Agreement
WHEREAS, the property owners (“Owners”) of the property legally described in Exhibit A
attached hereto (“Subject Property”) have requested that the City of Lakeville specially assess the
costs to provide for the removal of three emerald ash borer infested shade trees; and
WHEREAS, the City has received the following signed Diseased Tree Nuisance Abatement and
Special Assessment Agreement attached hereto as Exhibit B, waiving all applicable assessment
procedural requirements and requesting to be assessed for the Diseased Tree Nuisance Abatement
in the amount itemized therein for the Subject Property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKEVILLE,
MINNESOTA:
1. The signed Diseased Tree Nuisance Abatement and Special Assessment Agreement
is hereby accepted and approved.
2. The diseased tree nuisance abatement costs amounting to $2,400.00 are hereby
adopted and shall constitute a special assessment against the Subject Property and hereby made
part of this Resolution by reference and that the tract of land therein included is hereby found to
be benefited by the proposed improvement in the amount of the assessment levied against it.
3. Such assessment shall be payable in equal annual installments without deferment
extending over a period of three (3) years, the first of the installments to be payable with taxes paid
in 2024 and shall bear the interest rate of 4.75% per annum. To the first installment shall be added
interest on the entire Assessment from the date of this Resolution until December 31, 2024.
4. The Owner, may at any time pay the City the entire amount of the Assessment
remaining unpaid with interest accrued to December 31 of the year in which the payment is made.
Such payment must be made before November 16 or interest will be charged through December
31 of the next succeeding year. The first installment shall be payable with taxes in 2024.
5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to
the County Auditor to be extended on the property tax lists of the County.
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226961v1
APPROVED AND ADOPTED this 21st day of August 2023, by the City Council of the
Lakeville, Minnesota.
CITY OF LAKEVILLE
By: ______
Luke M. Hellier, Mayor
ATTEST:
______________________________
Ann Orlofsky, City Clerk
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226961v1
EXHIBIT A
Lot 12, Block 2, Forest Hills, Dakota County, Minnesota.
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EXHIBIT B
[Attach Special Assessment Agreement]
Page 79 of 107
Page 80 of 107
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Date: 8/21/2023
Homuth Conditional Use Permit
Proposed Action
Staff recommends adoption of the following motion: Move to approve a conditional use permit
for Matthew Homuth and adopt findings of fact
Overview
All Energy Solar has submitted a conditional use permit application on behalf of Matthew
Homuth to allow the installation of a ground-mounted solar energy system as a third detached
accessory structure with a combined area exceeding 1,500 square feet in the RS-2, Single Family
Residential District located at 10530 – 175th Street. Residential alternative energy systems, such
as ground-mounted solar panels, considered an accessory structure in residential zoning districts,
were approved as an amendment to the Zoning Ordinance by the City Council on June 5,
2023. Consistent with the limit of two detached accessory structures on a property with a house
that does not have an attached garage, the solar array is considered a third detached accessory
structure and requires approval of a conditional use permit.
The Planning Commission held a public hearing on the conditional use permit at their August 3,
2023 meeting. The Planning Commission recommended unanimous approval of the conditional
use permit subject to six stipulations. There was no public comment.
Supporting Information
1. Combined City Council Report
Financial Impact: $$0.00 Budgeted: No Source:
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Frank Dempsey, Associate Planner
Page 84 of 107
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 23- ___
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby
grants a conditional use permit to Matthew Homuth to allow the installation of a ground
mounted solar energy system as a third detached accessory structure with a combined area
exceeding 1,500 square feet in the RS-2, Single Family Residential District located at 10530 –
175th Street.
2. Property. The permit is for the following described property in the City of Lakeville, Dakota
County, Minnesota:
The East Two Hundred feet (200) of Lot Twenty-four (24) of Argonne Farms, Dakota
County, according to the duly recorded plat thereof, and the West One Hundred Fifty feet
(150) of the East Three Hundred Fifty feet of Lot Twenty-four (24) of Argonne Farms
according to the duly recorded plat thereof.
3. Conditions. This conditional use permit is issued subject to the following conditions:
a) The solar array shall be constructed in the location identified on the site plan submitted
with the conditional use permit application and shall meet the setbacks required by the
Zoning Ordinance.
b) The solar array shall be constructed with the materials noted on the approved
conditional use permit plans.
c) The solar array and the two detached accessory buildings shall be kept, used and
maintained in a manner that is compatible with the existing single-family home on the
property and shall not present a hazard to the public health, safety and general welfare.
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d) A building permit application and plans shall be submitted for the 384 square foot
detached accessory building constructed without a building permit prior to issuance of a
permit for the solar array structure.
e) The existing three-sided detached accessory building located near the southwest corner
of the property shall be removed from the property prior to issuance of a permit for the
solar array structure.
f) A minimum of three, six foot tall evergreen trees shall be planted to fill visual gaps
between the solar array and the 175th Street right-of-way prior to issuance of a permit for
the solar array structure.
4. Revocation. The City may revoke the conditional use permit for cause upon determination
that the conditional use permit is not in conformance with the conditions of the permit or is
in continued violation of the city code or other applicable regulations.
5. Expiration. This conditional use permit shall expire unless the applicant commences the
authorized use within one year of the date of this conditional use permit unless an extension
is approved by the Zoning Administrator.
DATED: August 21, 2023
CITY OF LAKEVILLE
BY: ________________________
Luke M. Hellier, Mayor
SEAL
BY: ________________________
Ann Orlofsky, City Clerk
STATE OF MINNESOTA )
(
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 21st day of August 2023, by
Luke M. Hellier, Mayor and by Ann Orlofsky, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
__________________________
Notary Public
DRAFTED BY:
City of Lakeville
Page 86 of 107
3
20195 Holyoke Avenue, Lakeville, MN 55044
Page 87 of 107
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HOMUTH CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On August 3, 2023 the Lakeville Planning Commission met at its regularly scheduled meeting to
consider the application of All Energy Solar, representing Matthew Homuth, for a conditional use permit to
allow a ground mounted solar energy system as a third detached accessory structure and combined
accessory structure area exceeding 1,500 square feet in the RS-2, Single Family Residential District located at
10530 – 175th Street. The Planning Commission conducted a public hearing on the proposed conditional
use permit preceded by published and mailed notice. The applicant was present and the Planning
Commission heard testimony from all interested persons wishing to speak.
FINDINGS OF FACT
1. The property is located in Planning District No. 2 of the 2040 Comprehensive Land Use Plan, which guides
the property for low density residential use.
2. The property is zoned RS-2, Single Family Residential District.
3. The legal description of the property is:
That part of the Southwest Quarter of the Northeast Quarter of Section 19, Township 114, Range 20.
Dakota County, MN, described as follows:
The East Two Hundred feet (200) of Lot Twenty-four (24) of Argonne Farms, Dakota County,
according to the duly recorded plat thereof, and the West One Hundred Fifty feet (150) of the
East Three Hundred Fifty feet of Lot Twenty-four (24) of Argonne Farms according to the duly
recorded plat thereof.
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may
not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and provisions of and
has been found to be consistent with the official City Comprehensive Plan.
Finding: The solar panel array as a third detached accessory structure is consistent with the 2040
Comprehensive Land Use Plan and District 2 recommendations of the Comprehensive Plan.
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b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: Provided compliance with the conditional use permit, the solar panel array as a third detached
accessory structure will be compatible with existing and future land uses in the area.
c. The proposed use conforms with all performance standards contained in the Zoning Ordinance.
Finding: The solar panel array as a third detached accessory structure will conform with all
performance standards contained in the Zoning Ordinance and the City Code as allowed by this
conditional use permit.
d. The proposed use can be accommodated with existing public services and will not overburden the
City’s service capacity.
Finding: The subject property lies within in the current MUSA and is served with city sanitary
sewer and water systems. The solar panel array as a third detached accessory structure will have
no impact on the City’s service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving the property.
Finding: The solar panel array as a third detached accessory structure will not impact the streets serving
the property.
5. The planning report July 28, 2023 prepared by Associate Planner Frank Dempsey is incorporated herein.
DECISION
The City Council approves the conditional use permit in the form attached thereto.
Dated: August 21, 2023
CITY OF LAKEVILLE
BY:__________________________
Luke M. Miller, Mayor
BY:__________________________
Ann Orlofsky, City Clerk
Page 89 of 107
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
August 3, 2023
Vice Chair Zimmer called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall.
The Pledge of Allegiance to the flag was given.
Members Present: Vice Chair Christine Zimmer, Scott Einck, Brooks Lillehei, Patty Zuzek, Ex-
Officio member Jeff Hanson
Members Absent: Chair Jenna Majorowicz, Jason Swenson, Pat Kaluza
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Tina Morrow,
Recording Secretary
3. Approval of the Meeting Minutes
The July 6, 2023 Planning Commission meeting minutes were approved as presented.
4. Announcements
Planning Director, Daryl Morey stated that if the item at tonight’s meeting is not tabled, the
August 17, 2023 Planning Commission meeting will be canceled.
Mr. Morey announced that tonight will be Video Production Specialist Tim Sheehan’s last
Planning Commission meeting. Tim has been with the City of Lakeville for five years and has
televised over 120 meetings. City staff and the Planning Commission appreciate the work he
has done and wish him well.
5. Homuth CUP
Vice Chair Zimmer opened the public hearing to consider the application of All Energy Solar,
on behalf of Matthew Homuth, for a conditional use permit to allow a ground mounted solar
energy system as an additional detached accessory structure and combined accessory structure
area exceeding 1,500 square feet in the RS-2, Single Family Residential District, located at 10530
175th Street.
Colin Buechel with All Energy Solar on behalf of Matthew Homuth (via Teams) presented a
brief overview of the project.
Page 90 of 107
Planning Commission Meeting Minutes, August 3, 2023 Page 2
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the
property includes a 1,300 square foot detached garage constructed in 1983 and a 384 square
foot accessory building constructed in 2017 without a permit on the 3.08 acre parcel. There is
also a small, three-sided shed on the property that was also constructed without a permit. Staff
is recommended this shed be removed prior to the issuance of a permit for the solar array.
The property is allowed two detached accessory buildings because there is no garage attached
to the house. The proposed 579 square foot, 11 foot tall solar array is considered a third
accessory structure which requires approval of a conditional use permit.
Planning Department staff recommends approval of the conditional use permit, subject to the
6 stipulations listed in the July 28, 2023 planning report, and approval of the Findings of Fact
dated August 3, 2023.
Vice Chair Zimmer opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Einck to close the public hearing at 6:10 p.m.
Voice vote was taken on the motion.
Ayes – unanimous.
Vice Chair Zimmer asked for comments from the Planning Commission. Discussion point
included:
• Commissioner Lillehei commented on the positive solution of amending the Zoning
Ordinance to allow the proposed ground mounted solar array.
Motion was made by Zuzek, seconded by Einck to recommend to City Council approval of
the All Energy Solar, on behalf of Matthew Homuth, conditional use permit subject to the
following stipulations, and approval of the Findings of Fact dated August 3, 2023:
1. The solar array shall be constructed in the location identified on the site plan submitted
with the conditional use permit application and shall meet the setbacks required by the
Zoning Ordinance.
2. The solar array shall be constructed with the materials noted on the approved conditional
use permit plans.
3. The solar array and the two detached accessory buildings shall be kept, used and
maintained in a manner that is compatible with the existing single-family home on the
property and shall not present a hazard to the public health, safety and general welfare.
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Planning Commission Meeting Minutes, August 3, 2023 Page 3
4. A building permit application and plans shall be submitted for the 384 square foot detached
accessory building constructed without a building permit prior to issuance of a permit for
the solar array structure.
5. The existing three-sided detached shed located near the southwest corner of the property
shall be removed from the property prior to issuance of a permit for the solar array
structure.
6. A minimum of three, six foot tall evergreen trees shall be planted to fill visual gaps between
the solar array and the 175th Street right-of-way prior to issuance of a permit for the solar
array structure.
Ayes: Zuzek, Zimmer, Lillehei, Einck
Nays: 0
There being no further business, the meeting was adjourned at 6:13 p.m.
Respectfully submitted,
Tina Morrow, Recording Secretary
Page 92 of 107
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: July 28, 2023
Subject: Packet Material for the August 3, 2023 Planning Commission Meeting
Agenda Item: Homuth Conditional Use Permit
Application Action Deadline: September 3, 2023
INTRODUCTION
All Energy Solar has submitted a conditional use permit application on behalf of Matthew
Homuth to allow the installation of a ground mounted solar energy system as a third detached
accessory structure with a combined area exceeding 1,500 square feet in the RS-2, Single Family
Residential District located at 10530 – 175th Street. Consideration of residential alternative
energy systems such as a ground-mounted solar panels considered as accessory structures in a
residential zoning district was approved as an amendment to the Zoning Ordinance by the City
Council on June 5, 2023, which was preceded by a work session with the Planning Commission
at the request of Mr. Homuth to discuss allowing ground-mounted solar panels on residential
zoned properties. Consistent with the limit of two detached accessory structures on a property
with a house that does not have an attached garage, the solar array is considered a third detached
accessory structure and requires approval of a conditional use permit.
The following exhibits are attached for your review:
Exhibit A – Location/Zoning Map
Exhibit B – Aerial Photo Map
Exhibit C – Aerial Photo Site Plan
Exhibit D – Solar Array Images
Exhibit E – North & West Solar Array Elevations
Exhibit F – Structural Details
Exhibit G – Site Layout
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PLANNING A NALYSIS
Existing Conditions. The subject property is 3.08 acres in area. Dakota County property records
indicate the house was constructed in 1922 without an attached garage. The property includes a
1300 square foot detached garage constructed in 1983 and a 384 square foot accessory building
constructed in 2017 without zoning approval or issuance of a building permit. A small three-
sided shed (200 square feet or less) is located southeast of the larger shed and was also
constructed without a building or zoning permit (for sheds 200 square feet or less). The property
is allowed two detached accessory buildings because there is no garage attached to the house.
The proposed 579 square foot, 11 foot tall solar array is considered a third accessory structure
which requires approval of a conditional use permit.
Adjacent Land Uses. Adjacent land uses and zoning are as follows:
North – 175th Street and single family home (RM-1 District)
East – Single family home, 2.5 acres (RS-2 District)
South – Single family home, 3.9 acres (RS-2 District)
West – Single family home 3.3 acres (RS-2 District)
Accessory Buildings and Use. The Zoning Ordinance allows a single family home parcel to
have two detached accessory buildings if the house does not include an attached garage. There
are presently three detached accessory buildings on the property. The detached garage is 1,300
square feet in area. A 384 square foot detached shed is located south of the garage. A three-sided
storage shed is located near the southeast corner of the property. The applicant agrees to remove
the smaller of the three detached accessory buildings as a condition of approval of the proposed
solar array. If the conditional use permit is approved and the smaller shed is removed, the
property will have three detached accessory structures.
Screening. Consistent with past practice, conditional use permits for oversized detached and
multiple accessory buildings require an effective screening plan between the detached accessory
building and adjacent properties and public right-of-way. The property is wooded along the east,
west and south boundaries. Three minimum six foot tall evergreen trees are recommended to fill
the visual gap between the solar array location and 175th Street. The location of the proposed
solar array is between 10 and 14 feet above the 175th Street right-of-way. The landscape screening
shall be installed prior to issuance of a permit for the installation of the solar array.
Appearance. The Zoning Ordinance requires that the detached accessory building exterior
materials shall be consistent with those used with the principal building and in compliance with
Section 11-17-9.C of the Zoning Ordinance. The proposed solar array will face south and is
consistent in design with common solar arrays and as illustrated in the exhibits attached to this
report.
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Building Height. The maximum building height for an accessory building (structure) in the RS-
2 District is 15 feet. The proposed solar array will be 11 feet, three inches tall.
Sanitary Sewer. The property is serviced with City water and sewer. No sanitary sewer is
proposed or allowed to any detached accessory building.
CONDITIONAL USE P ERMIT ANALYSIS
The Zoning Ordinance allows the accessory building (structure) area and height requirements to
be exceeded by conditional use permit subject to the following criteria as listed in Section 11-18-5:
A. There is a demonstrated need and potential for continued use of the structure for the
purpose stated.
The property owner intends to install the solar array to benefit the energy needs of the
house and property customary with a single family use.
B. No accessory building or private garage shall be utilized for all or a portion of a home
occupation, for commercial activities or for commercial storage.
The applicant has indicated that the existing detached accessory buildings will be used to
store personal vehicles and yard maintenance related items. No home occupation or storage
of commercial vehicles or equipment is allowed in any accessory building on the property.
C. The accessory building has an evident reuse or function related to a single-family
residential environment in urban service areas or hobby farm environment in
nonurban service areas of the city.
The proposed 579 square foot, 11-foot tall solar array structure and two additional
combined detached accessory buildings totaling 1,923(?) square feet on the 3.08 acre lot
will be consistent with other similar approved conditional use permits on properties of
similar size and character in the city. Continued use of the existing detached accessory
buildings and the proposed solar array is consistent with Zoning Ordinance requirements.
D. Detached accessory buildings shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public health, safety and
general welfare.
The proposed solar array and existing detached accessory buildings will be located on the
property with a setback of a considerable distance from 175th Street (approximately 110
feet) and abutting properties (approximately 90 feet to the west, 220 feet to the east, and
230 feet to the south). 175th Street and existing nearby homes will be screened by
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topography and existing trees. The total combined accessory building square footage will
be compatible with the characteristics of the larger single family lots in the area.
E. The performance standards and criteria of section 11-4-7 of this title shall be
considered and a determination made that the proposed activity is in compliance
with such criteria.
The provisions of section 11-4-7 of the Zoning Ordinance (Conditional Use Permits)
have been considered and satisfactorily met. Please refer to the attached findings of fact.
RECOMMENDATION
Planning Department staff recommends approval of the Homuth conditional use permit to allow
three detached accessory structures exceeding a combined area of 1,500 square feet in the RS-2,
Single Family Residential District located at 10530 – 175th Street subject to the following
stipulations:
1. The solar array shall be constructed in the location identified on the site plan submitted
with the conditional use permit application and shall meet the setbacks required by the
Zoning Ordinance.
2. The solar array shall be constructed with the materials noted on the approved conditional
use permit plans.
3. The solar array and the two detached accessory buildings shall be kept, used and
maintained in a manner that is compatible with the existing single-family home on the
property and shall not present a hazard to the public health, safety and general welfare.
4. A building permit application and plans shall be submitted for the 384 square foot
detached accessory building constructed without a building permit prior to issuance of a
permit for the solar array structure.
5. The existing three-sided detached near the southwest corner of the property shall be
removed from the property prior to issuance of a permit for the solar array structure.
6. A minimum of three, six foot tall evergreen trees shall be planted to fill visual gaps
between the solar array and the 175th Street right-of-way prior to issuance of a permit for
the solar array structure.
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Date: 8/21/2023
Resolution Calling Public Hearing on Unpaid Special Charges
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution Calling Public
Hearing on Unpaid Special Charges.
Overview
Staff requests that the City Council call a public hearing to be conducted on October 2, 2023 for
2023 fall Unpaid Special Charges. These charges include costs and charges incurred by the City
for mowing of grass, removal of weeds, property maintenance on nuisance properties, tree
removal charges, unpaid utility bills and false alarm charges. In order to recover the unpaid
special charges, the City must follow State Statute procedures. Those procedures provide that
the City must adopt a resolution declaring the unpaid special charges to be assessed and
establish a date for the assessment hearing for those charges. Public notice of the hearing will be
mailed to customers and published in the legal newspaper.
Delinquent utilities – finalled and delinquent active accounts (60 days past due)
In addition to certifying the amount delinquent, the City also collects a $35 service charge to
cover the cost of certification and interest at a rate of 18% per annum of the amount delinquent
plus the service charge for the period of October 2, 2023 until December 31, 2024. The
certification process affects less than 8% of the Lakeville utility customers.
Nuisance Abatement & Unpaid False Alarm Charges
The affected parcels will each be assessed the actual contractual cost incurred, re-inspection
fees, a $35 administrative fee to cover the cost of the assessment, and interest at a rate of 18%
per annum of the amount delinquent plus the service charge for the period October 2, 2023 until
December 31, 2024.
In the staff’s opinion, certification is the least labor-intensive method of collecting delinquent
accounts. It is also the process least likely to foster ill will amongst customers.
Supporting Information
1. Resolution 2023-08-21 Calling Public Hearing - 2023 Unpaid Special Charges
Financial Impact: $ Varies Budgeted: No Source:
Envision Lakeville Community Values: Good Value for Public Services
Page 104 of 107
Report Completed by: Cheri Donovan, Assistant Finance Director/Daryl Morey, Planning
Director
Page 105 of 107
CITY OF LAKEVILLE
RESOLUTION No______
Resolution Calling Public Hearing on Unpaid Special Charges
WHEREAS, Minn. Stat. 444.075, Subd. 3 authorizes the City to certify unpaid sanitary
sewer, water and storm sewer charges (“utility charges”) to the County Auditor-
Treasurer for collection with taxes; and
WHEREAS, Minn. Stat, 429.101 authorizes the City to special assess unpaid street
light charges, weed elimination from streets or private property and tree removal
charges (“special charges”); and
WHEREAS, Title 8-5-4 of the City Ordinance authorizes the City to special assess
unpaid emergency service charges (“special charges”) to the County Auditor-
Treasurer for collection with taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota:
1. A public hearing shall be held on the 2nd day of October 2023 at the Lakeville
Council Chambers, 20195 Holyoke Avenue, at 6:30 p.m. to consider certifying
unpaid utility charges to the County Auditor-Treasurer for collection with
taxes and assessment of special charges.
2. The City Clerk is hereby directed to cause a notice of the hearing to be
published once in the official newspaper at least two (2) weeks prior to the
hearing. The City Clerk shall also cause mailed notice to be given to the owner
of each parcel described in the unpaid charges list not less than two (2) weeks
prior to the hearing.
ADOPTED this 21st day of August 2023 by the City Council of the City of Lakeville.
CITY OF LAKEVILLE
By: ________________________________
Luke M. Hellier, Mayor
ATTEST:
________________________________
Ann Orlofsky, City Clerk
Page 106 of 107
Date: 8/21/2023
Adjourn
Proposed Action
Staff recommends adoption of the following motion:
Overview
Supporting Information
None
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values:
Report Completed by:
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