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01-16-2024 Agenda Packet
AGENDA CITY COUNCIL MEETING January 16, 2024 - 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: 270 967 142 637 or by calling Toll Number 1-323-433-2142; Conference ID: 244 190 036#. 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. Economic Development Annual Report b. 2023 Annual Liquor Operations Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 01/02/2024 City Council Meeting c. Approve Plans and Specifications and Set a Bid Date 2024 Street Reconstruction Project d. United Christian Academy Comprehensive Plan Amendment e. Standard Landscape Maintenance Contract with Lakeville Lawn Care and Snow Removal LLC f. 2024 Community Development Block Grant Application g. Resolution Approving the Revised Preliminary Plat of Ritter Meadows h. Police Department Building Automation Retrofit Project Phase 1 i. Fire Station 4 Dorm Room Remodel Project j. WSB Supplemental Agreement for Professional Services Rough Fish Management on East Lake k. Professional Services Agreement with NFP Page 1 of 223 City Council Meeting Agenda January 16, 2024 Page 2 l. Release and Partial Release of Development Contracts m. Resolution Approving 2024 Position and Classification Plan for Full-time Fire Fighters and Captains n. Construction Contract with Minnesota Dirt Works for 2024 Stormwater Management Basin Rehabilitation o. Funding Application for 2023 State Safe Routes to School Infrastructure Program 185th Street Expansion 7. Action Items a. North Ryan Second Addition 8. Unfinished Business 9. New Business 10. Announcements a. Next Work Session, January 22, 2024 b. Next Regular Meeting, February 5, 2024 11. Adjourn Page 2 of 223 Date: 1/16/2024 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview Overview A summary of the claims paid during the period 12/15/2023 – 01/05/2024 is as follows: Checks 321305-321461 $1,449,365.64 ACH 15425-15574 $1,763,912.51 Electronic Funds Transfer (EFT) 20230632- 20240011 $513,148.63 Total $3,726,426.78 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 1.3.24CKSUM 2. Check Register 1.3.24 for Jan 16,2024 Council Mtg Financial Impact: $3,726,426.78 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 223 1/8/2024City of Lakeville 15:24:43R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 1/5/202412/15/2023 - Company Amount 612,580.2501000GENERAL FUND 6,359.6502000COMMUNICATIONS FUND 325.00033152011 "A" IMPROVE BONDS 46,991.7004000BUILDING FUND 238,208.5804100EQUIPMENT FUND 22,280.6404125TECHNOLOGY FUND 48,374.2404161ARENAS CAPITAL IMPROVEMENTS 48,430.2704500PARK IMPROVEMENT FUND 669,849.99047002022 C PARK BONDS 66,168.79047102023 A PARK BONDS 485,342.0805200STATE AID CONSTRUCTION FUND 1,659.6105300PAVEMENT MANAGEMENT FUND 13,190.0005500WATER TRUNK FUND 2,344.580658622-03 210TH ST LKVL BLVD RECON 15,757.750658922-24 AIRLAKE 70 IMPROVEMENT 652.500659524-02 STREET RECONSTRUCTION 3,999.050659624-03 COLLECTOR RD REHAB 35,287.4007450ENVIRONMENTAL RESOURCES FUND 19,626.8807550UTILITY FISCAL ADMINISTRATION 63,859.0007575STREET LIGHTING FUND 132,356.2707600WATER FUND 78,889.3507700SEWER FUND 731,799.0407800LIQUOR FUND 1,296.3007900MUNICIPAL RESERVES FUND 117,764.5008000ESCROW FUND - DEVELOPERS/BUILD 16,263.0508910ESCROW - DCA/SECTION 125 7,950.0008924LKVL ARENAS CAPITAL PROJECTS F 86,812.7608950DAKOTA 911 - OPERATING FUND 10,195.1808954DAKOTA 911 - CAPITAL PROJECTS 141,812.3708970LAKEVILLE ARENAS - OPERATIONS Report Totals 3,726,426.78 Page 4 of 223 MINUTES CITY COUNCIL MEETING January 2, 2024 - 6:30 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:30 p.m. 2.Roll Call Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; John Hennen, Parks & Recreation Director; Daryl Morey, Planning Director; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3.Citizen Comments Jon Ness, 19201 Jewel Path, addressed the City Council about the parcel of land next to Kenwood Middle School. 4.Additional agenda information None 5.Presentations/Introductions a.Fire Department Retiree Recognition Fire Chief Mike Meyer recognized Fire Fighter retirees Tabor Akin and Steve Glinski and thanked for theirs years of service. b.Public Works Quarterly Report Public Works Director Paul Oehme presented the Public Works quarterly report. c.Recognition of Retirement - Daryl Morey, Planning Director City Administrator Miller recognized Planning Director Daryl Morey on his retirement and presented him with a plaque in honor of his 35 years of service to the City of Lakeville. 6.Consent Agenda Motion was made by Bermel, seconded by Lee, to approve the following: Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary Page 5 of 223 City Council Meeting Minutes January 2, 2024 Page 2 b.Minutes of the 12/18/2023 Special City Council Meeting c.Minutes of the 12/18/2023 City Council Meeting d.Designation of Legal Newspaper for 2024 e.Agreement with Greystone Construction for Aronson Park Veteran’s Memorial Concrete Columns Repairs f.Agreement with Midwest Fence & Mfg. For Installation of Aronson Park Field Six Backstop g.Resolution No. 24-001 Appoint2024 Depositories h.Resolution No. 24-002 Delegating Authority to Pay Claims and Electronic Fund Transfers i.Approve Statement of Work with CliftonLarsonAllen, LLP (CLA) j.Resolution No. 24-003 Contract and resolution for drilling Well #23 k.Resolution No. 24-004 Accepting Donations to the Lakeville Parks & Recreation Department in the 3rd and 4th Quarters of 2023 l.Declaration of Restrictive Covenant for Antlers Park Property m.Resolution No. 24-005 Approve policy changes to comply with Earned Sick and Safe Time 7.Action Items 8.Unfinished Business 9.New Business a.Appointment of the acting mayor for 2024 Motion was made by Volk, seconded by Bermel, to appoint Joshua Lee as the acting mayor for 2024. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 10.Announcements •The City Council Work Shop will be held on Saturday, January 13, 2024. •The next Regular City Council Meeting will be Tuesday, January 16, 2024. •The next City Council Work Session will be on Monday, January 22, 2024. 11.Adjourn Motion was made by Wolter, seconded by Bermel, to adjourn the meeting at 7:16 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Respectfully Submitted, _________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 6 of 223 City Council Meeting Minutes January 2, 2024 Page 3 Page 7 of 223 Date: 1/16/2024 Approve Plans and Specifications and Set a Bid Date 2024 Street Reconstruction Project Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving plans and specifications and setting a bid date for the 2024 Street Reconstruction Project, City Project 24-02. Overview At its November 20, 2023 meeting, the Lakeville City Council ordered the improvements and authorized the preparation of plans and specifications for the 2024 Street Reconstruction Project, City Project 24-02. Proposed improvements include roadway reconstruction through reclamation, spot curb and gutter replacement and utility construction (watermain and stormwater best management practices). Project plans and specifications were prepared by WSB and are available for review in the Engineering Division. The estimated project cost is $3,100,033. The City will publish notice and advertise for bids as required. Bids will be opened on February 20, 2024. Supporting Information 1. 24-02 Resolution Setting Bid Date Financial Impact: $ 3,100,033 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Ferraro, Public Works Coordinator Page 8 of 223 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Approving Plans and Specifications and Setting a Bid Date for 2024 Street Reconstruction Project 24-02 WHEREAS, WSB & Associates, Inc. prepared plans and specifications for the 2024 Street Reconstruction Project (City Project 24-02). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota: That the plans and specifications for City Project 24-02 are hereby approved by the City Council of the City of Lakeville, Minnesota; BE IT FURTHER RESOLVED, that bids will be advertised as required and opened at 10:00 a.m. on Tuesday, February 20, 2024 at the Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, MN 55044, through the City of Lakeville’s online electronic bid system (BidVAULT). At that time bids will be opened and posted publicly by representatives of the City of Lakeville. ADOPTED by the Lakeville City Council this 16th day of January 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 9 of 223 Date: 1/16/2024 United Christian Academy Comprehensive Plan Amendment Proposed Action Staff recommends adoption of the following motion: 1) a resolution amending the 2040 Comprehensive Plan, and 2) an ordinance amending the Zoning Map for United Christian Academy (UCA) Overview United Christian Academy (UCA) Foundation has applied for a comprehensive plan amendment (CPA) to change the land use of a 10-acre parcel from Commercial to Medium/High Density Residential. The application also includes rezoning of the parcel from C-3, General Commercial District to RM-2, Medium Density Residential District. The 10-acre parcel is immediately adjacent to the west of the UCA property. UCA received approval for a comprehensive plan amendment to Medium/High Density Residential and rezoning to RM-2, Medium Density Residential District in 2021 for the development of a private, pre-K and K-12 school. The 10-acre parcel was recently purchased by UCA for the proposed use as reconfigured athletic field space. The comprehensive plan amendment and rezoning of the 10-acre parcel creates consistent land use and zoning designations for the entire school campus, including the athletic facilities. The Planning Commission held a public hearing on the Comprehensive Plan and Zoning Map amendment applications at their January 4, 2024 meeting. There was no public comment and the Planning Commission unanimously recommended approval of the Comprehensive Plan and Zoning Map amendments. Approval of this item requires a 4/5 vote of the city council. Supporting Information 1. Resolution 2. Ordinance 3. 1-4-24 draft Planning Commision Minutes 4. 1-4-24 Planning Commission Report Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: High-Quality Education Report Completed by: Tina Goodroad, Community Development Director Page 10 of 223 1 RESOLUTION 2024-____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA UNITED CHRISTIAN ACADEMY 2040 COMPREHENSIVE PLAN AMENDMENT WHEREAS, on January 16, 2024, the Lakeville City Council met at its regularly scheduled meeting to consider the application of United Christian Academy (UCA) Foundation for an amendment of the 2040 Land Use Plan map of the 2040 Lakeville Comprehensive Plan in conjunction with the UCA development; and, WHEREAS, the property is guided for Commercial by the 2040 Comprehensive Plan; the applicant has applied for an amendment to the 2040 Land Use Plan to change the guided land use to Medium/High Density Residential; and, WHEREAS, the proposed Comprehensive Plan amendment has been submitted to adjacent governmental jurisdictions and the affected school district and no comments have been received; and, WHEREAS, the 2040 Comprehensive Plan provides that the City Council shall consider possible effects of the proposed amendment with its judgment to be based upon, but not limited to, the following factors: 1. 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 proposed development is consistent with the goals of the 2040 Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Finding: The subject property is immediately adjacent to the United Christian Academy campus. The additional 10-acre parcel will be developed as athletic fields. 3. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Page 11 of 223 2 Finding: The land use and site improvements illustrated on Exhibit C will be required to comply with the requirements of the Zoning Ordinance. A conditional use permit amendment will be required for the expanded athletic fields once the comprehensive plan amendment has been approved by the Metropolitan Council. 4. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject property is not within the MUSA. The property will not be connected to municipal sewer and water. 5. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed by Keokuk Avenue and 215th Street. The streets accessing the property have adequate capacity to accommodate traffic generated by the proposed use. WHEREAS, the legal description of the property is: The West 329.02 feet of the Southeast Quarter of the Northwest Quarter of Section 35, Township 114, Range 21, Dakota County, Minnesota WHEREAS, The Planning Commission conducted a public hearing on the application at its January 4, 2024 meeting, preceded by published and mailed notice, where the applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak, closed the public hearing, and voted to recommend the City Council approval of the request. NOW THEREFORE BE IT RESOLVED THAT the City Council approves the application of United Christian Academy Foundation to amend the 2040 Comprehensive Plan subject to the approval of the Metropolitan Council. ADOPTED by the Lakeville City Council this 16th day of January 2024. Page 12 of 223 3 CITY OF LAKEVILLE BY:_________________________________ Luke M. Hellier, Mayor ATTEST:____________________________ Ann Orlofsky, City Clerk Page 13 of 223 1 ORDINANCE NO. : _______ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE ZONING MAP RELATED TO THE UNITED CHRISTIAN ACADEMY DEVELOPMENT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. The legal description of the property is as follows: The West 329.02 feet of the Southeast Quarter of the Northeast Quarter of Section 35, Township 114, Range 21, Dakota County, Minnesota Section 2. The property is hereby rezoned from C-3, General Commercial District to RM-2, Medium Density Residential District. Section 3. The Zoning Map of the City of Lakeville shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the Zoning Map on file in the City Clerk’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 5. This Ordinance shall be effective upon its passage. ADOPTED by the Lakeville City Council this 16th day of January 2024 CITY OF LAKEVILLE BY:_____________________________ Luke M. Hellier, Mayor Page 14 of 223 2 ATTEST:____________________________ Ann Orlofsky, City Clerk Page 15 of 223 Planning Commission Meeting Minutes, January 4, 2024 Page 3 7. Outlot C shall be dedicated to the City for park purposes. The balance of required park dedication shall be satisfied as a cash fee in lieu of land calculated at the time of final plat approval. 8. Outlot D shall require future application for preliminary plat and final plat approval subject to the procedures established by Title 10 of the City Code and shall be subject to park dedication requirements at the time of preliminary plat and final plat approval. 9. Attached and detached townhouse dwelling units shall comply with the design and construction standards established by Section 11-57-19 and Section 11-58-21 of the Zoning Ordinance. 10. Keokuk Avenue shall be extended north of 205th Street with the first phase final plat subject to design review and approval by the City Engineer. Ayes: Zuzek, Kaluza, Lillehei, Majorowicz, Einck, Tinsley, Swenson Nays: 0 6. United Christian Academy Chair Majorowicz opened the public hearing to consider the application of United Christian Academy Foundation for the following, located on the north side of 215th Street, west of Keokuk Avenue: 1. Comprehensive Plan amendment to re-guide property from Commercial to Medium/High Density Residential and 2. Zoning Map amendment to rezone property from C-3, General Commercial District to RM-2, Medium Density Residential District. Nick Sperides with Sperides Reiners Architects presented a brief overview of the request. Community Development Director Tina Goodroad presented the planning report. Ms. Goodroad stated the applicant has applied for a comprehensive plan amendment (CPA) to change the land use of a 10-acre parcel from Commercial to Medium/High Density Residential. The application also includes rezoning of the parcel from C-3, General Commercial District to RM-2, Medium Density Residential District. The comprehensive plan amendment and rezoning of the 10-acre parcel immediately adjacent to the west of the UCA property creates consistent land use and zoning designations for the entire school campus, including the athletic facilities. Planning Department staff recommends approval of the Comprehensive Plan and Zoning Map amendment and approval of the Findings of Fact dated January 4, 2024: Chair Majorowicz 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 6:33 p.m. Voice vote was taken on the motion. Ayes – unanimous. Page 16 of 223 City of Lakeville Planning Department Memorandum To: Planning Commission From: Tina Goodroad, Community Development Director Date: December 20, 2023 Subject: Packet Material for the January 4, 2024 Planning Commission Meeting Agenda Item: Comprehensive Plan amendment to re-guide property from Commercial to Medium/High Density Residential, and Rezoning from C-3, General Commercial District to RM-2, Medium Density Residential District Action Deadline: January 30, 2024 BACKGROUND United Christian Academy (UCA) Foundation has applied for a comprehensive plan amendment (CPA) to change the land use of a 10-acre parcel from Commercial to Medium/High Density Residential. The application also includes rezoning of the parcel from C-3, General Commercial District to RM-2, Medium Density Residential District. The 10-acre parcel is immediately adjacent to the west of the UCA property. E XHIBITS A. Comprehensive Plan Amendment Map B. Zoning Map C. Proposed field layout. PLANNING ANALYSIS UCA received approval for a comprehensive plan amendment to Medium/High Density Residential and rezoning to RM-2, Medium Density Residential District in 2021 for the development of a private, pre-K and K-12 school. The subject 10-acre parcel was recently Page 17 of 223 2 purchased by UCA for the proposed use as reconfigured athletic field space. The comprehensive plan amendment and rezoning of the 10-acre parcel creates consistent land use and zoning designations for the entire school campus, including the athletic facilities. The proposed field layout, incorporating the 10-acre parcel, is shown in Exhibit C. On December 1, 2023, notice of the proposed CPA was sent to the adjacent and affected jurisdictions, as required by the Metropolitan Council. Those jurisdictions have 60 days in which to respond and, if desired, provide comment. As of the date of this report, 10 of the eleven jurisdictions have responded, each stating they have no comment. Should the City Council approve the CPA, the Metropolitan Council will not begin their review of the CPA until the 60 days has passed or all of the jurisdictions have responded, whichever comes first. The 60-day deadline for comments from adjacent and affected jurisdictions is February 1, 2024. RECOMMENDATION Planning Department staff recommends approval of the UCA Comprehensive Plan amendment and rezoning as requested. Page 18 of 223 M/HDR C HDR RDR C C C 210TH ST (CSAH 70)KENRICK AVEKESWICK LOOP KEOKUK AVERD RDR OP OP M/HDR City of Lakeville 2040 Land Use Map Proposed Land Use M/HDR C HDR RDR C C C 210TH ST (CSAH 70)KENRICK AVEKESWICK LOOP KEOKUK AVERD RDR OP OP Proposed Amendment Parcel EXHIBIT A Proposed Amendment Parcel & 215TH ST 215TH ST M/HDR C UCA Site UCA Site& Existing Land Use Page 19 of 223 RM-2 C-3 RH-2 RA C-3 C-3C-3 210TH ST (CSAH 70)KENRICK AVEKESWICK LOOP KEOKUK AVERA RA OP OP RM-2 City of Lakeville Zoning Map Proposed Zoning RM-2 C-3 RH-2 RA C-3 C-3C-3 210TH ST (CSAH 70)KENRICK AVEKESWICK LOOP KEOKUK AVERA RA OP OP Proposed Zoning EXHIBIT B Current Zoning & 215TH ST & 215TH ST RM-2 C-3 RM-2 UCA Site UCA Site Current Zoning Page 20 of 223 EXHIBIT CPage 21 of 223 Date: 1/16/2024 Standard Landscape Maintenance Contract with Lakeville Lawn Care and Snow Removal LLC Proposed Action Staff recommends adoption of the following motion: Move to approve the Standard Landscape Maintenance Contract with Lakeville Lawn Care and Snow Removal LLC. Overview In December, City staff requested proposals from five contractors for standard landscape maintenance. Proposals were received from four contractors with Lakeville Lawn Care and Snow Removal LLC providing the lowest proposal. Standard maintenance is performed at small, scattered parks, well houses, lift stations, and parkway boulevards. Staff recommends approving a 1-year contract with Lakeville Lawn Care and Snow Removal LLC for Standard Landscape Maintenance services for the term of January 1, 2024 – December 31, 2024, at a cost of $81,754. Supporting Information 1. RFP Results - Standard Landscape 2024 2. Standard Mowing Contract 2024 - Lakeville Lawn Care and Snow Removal LLC Financial Impact: $81,754.00 Budgeted: Yes Source: General Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Mark Kruse, Parks Superintendent Page 22 of 223 Contractor Standard Landscaping Irrigation Labor Rate Ordinance Violation Lakeville Lawn Care & Snow Removal $81,754.00 $65/hr $60/hr Anoka Lawn $97,100.00 $75/hr $55/hr Gonzo Bros Landscape $97,760.00 $80/hr $75/hr VonBank Lawn Care Inc. $104,600.00 $100/hr $75/hr 2024 Standard Landscaping RFP Results 1/4/2024 Page 23 of 223 225016v1 CONTRACT FOR SERVICES STANDARD MOWING 2024 AGREEMENT made this 16th day of January 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and LAKEVILLE LAWN CARE AND SNOW REMOVAL LLC (“Contractor”). IN CONSIDERATION OF THE MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1.CONTRACTOR’S RESPONSIBILITIES. A.Contractor shall be responsible for providing lawn maintenance services for parcels or properties listed in Exhibit A (“Work”). B.The City of Lakeville’s Standard Landscape Maintenance Standards dated 2024, attached hereto as Exhibit B, shall be incorporated herein and, together with this Agreement, 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 set out verbatim and in full herein. In the event of conflict among the provisions of these documents, the terms of this Agreement shall control resolving any such conflict. 2.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. 3.TERM. The term of this contract shall be January 1, 2024 - December 31, 2024 4.RIGHTS AND REMEDIES. A.The duties and obligations imposed by the Contract Documents, and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 5.GOVERNING LAW. The Contract shall be governed by the laws of the State of Minnesota. 6.CONDITION/INSPECTION/REMEDY. A.All goods and other materials furnished under this Contract shall be new and in current manufacture unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with the Contract Documents. All services not conforming to these requirements shall be considered defective. Page 24 of 223 225016v1 B. Services shall be subject to inspection by the City. C. Defective work shall be removed and replaced, or satisfactorily repaired. 7. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the Work involved. Changes in the Contract Price shall be based upon the prices identified in the Proposal Form provided as Exhibit C or negotiated between the parties based on similar work provided in the Proposal Form. 8. UNAUTHORIZED WORK. Additional work performed without authorization of a Change Order will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 9. OBLIGATIONS OF THE CITY. The City shall pay the Contractor for performance of the Contract the sum of $81,754 as per the Proposal Form attached hereto as Exhibit C from January 1, 2024 - December 31, 2024. Payments shall be made periodically after a service has been completed and within thirty (30) days of receipt of an invoice. 10. WORKER’S SAFETY. The Contractor shall follow all applicable safety standards for landscape maintenance; including but not limited to hearing, mower operation and chemical application. 11. 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 Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Page 25 of 223 225016v1 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. 12. OWNERSHIP. 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. 13. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 14. STANDARD OF CARE. 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. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 15. INDEPENDENT CONTRACTOR. The City hereby retains Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor’s performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or Page 26 of 223 Page 27 of 223 225016v1 Exhibit A 2024 STANDARD LANDSCAPE MAINTENANCE CITY PROPERTY DESCRIPTIONS / LOCATIONS LOCATION A) Lift Stations / Grinders: 1. 10220 199th Street (Lift Station #4) 2. 19669 Jersey Avenue (Lift Station #5) 3. 18636 Lafayette Way (Lift Station #23) 4. 19100 Orchard Trail (Lift Station #6) – Does not include raingarden B) Wells: 5. Well #6 – Dakota Heights Tower – 17990 Jacquard Path 6. Well #7 – 20585 Kenrick Avenue 7. Well #8 – 18490 Italy Avenue 8. Well #9 – 10348 185th Street 9. Well #13 – Ipava Avenue / 175th Street 10. Well #15 – Ipava Avenue / 192nd Street 11. Well #16 – 190th Street / Ipava Avenue (New site in 2018 – spring start) 12. Wells #21 & #22 – SE corner Dodd Blvd and Highview Avenue C) Towers: 13. Old Valley Park Tower – 16929 Gerdine Path 14. Fairfield Tower – 11075 210th Street 15. Airlake Water Tower – Old Public Works / 7773 214th Street 16. Holyoke Water Tower – Holyoke Avenue / 190th Street D) Parks: 17. Bassett Park – 18959 Orchard Trail 18. Bracketts Crossing Park – 17775 Layton Path 19. Dodd Pointe Park – 5646 160th Street 20. Hypointe Crossing Park – 16396 Hutchinson Drive 21. Orchard Lake Beach – 17195 Judicial Road 22. Terrace Park – 8475 L 208th Street 23. Lynwood Heights Park – 16790 Jackpine Way E) Public Buildings: 24. Heritage Library – 20085 Heritage Drive F) Boulevards / Center Islands: 25. Ipava Avenue – CR 50 to 175th Street (Includes center islands, boulevards between back of curb to the trail, and width of mower on outside of trail.) Page 28 of 223 225016v1 26. Kensington Blvd – between 205th Street and N property line of Post Foods Company and Automated Assembly Properties LLC (Includes center islands with exception of the most northern center island, boulevards between back of curb to the trail, and width of mower on outside of trail.) 27. City Owned Boulevard Landscape Bed North side of Icenic Way, west of Icenic Trail. Across from 20134 Kenwood Trail (White Funeral Home) and 20094 Kenwood Trail (McDonald Eye Care) 28. Center Median Landscaping –210th Street at Italy Avenue. (Includes irrigation) H) Roundabouts: 29. 205th Street and Kenrick Avenue (Includes irrigation system) 30. Dodd Boulevard and Highview Avenue (Includes irrigation system) 31. CR 50 to CR 60 (Includes irrigation system) 32. 175th Street and Kenrick Avenue (No irrigation) 33. 179th Street and Flagstaff Avenue (Includes irrigation system) 34. Dodd Boulevard and 210th Street (Includes irrigation system) 35. 185th and Highview Avenue (Includes irrigation system) Page 29 of 223 225016v1 Exhibit B 2024 STANDARD LANDSCAPE MAINTENANCE STANDARDS Section 1 – Spring Cleanup 1.1 Inspection of Area The Contractor shall inspect the areas and acquaint themselves with all locations, physical conditions and scope of work involved. 1.2 Scheduling Begin as soon as ground conditions and weather permits. Spring cleanup must be completed at all sites by May 15 of the current year. 1.3 Quality Indicators All landscape beds and park amenities (playgrounds, hard-courts, bench pads, fence lines, etc.) are to be vacuumed/swept/raked to clean up any leaves, litter or sand. All turf areas, including boulevards and center islands, are to be swept/vacuumed. Remove and properly dispose of all cleanup-related debris. Section 2 – Lawn Mowing 2.1 Inspection of Area The Contractor shall inspect the areas and acquaint themselves with all physical conditions involved. 2.2 Scheduling Cutting shall occur between the hours of 7:00 AM – 7:00 PM, Monday through Friday, and 8:00 AM – 5:00 PM, Saturday and Sunday. 2.3 Cutting Intervals All turf areas shall be mowed at a maximum of seven (7) day intervals. 2.4 Height of Cut All grass shall be kept cut to a minimum height of 2.5" and a maximum of 3.5". Mowers shall be sharp and adjusted to the specified cutting height at all times. Skips in mowing, streaking of lawns and dragged over grass without cutting will not be accepted. The Parks Superintendent or the Parks Supervisor must approve any changes to the minimum and maximum heights. The City reserves the right to change the height of cut with proper notification to the contractor. 2.5 Policing of Grounds Prior to mowing turf areas, all trash and debris including cans, rocks, bottles and papers will be removed and properly disposed of. 2.6 Cleaning of Walks and Pavements Page 30 of 223 225016v1 Clippings will not be discharged onto sidewalks or pavements. All walks and pavements will be swept or blown after mowing to remove and properly dispose of all grass clippings and debris. 2.7 Grass Clippings Grass clippings may remain on the turf, provided they are evenly disbursed. Any detectable clumping must be promptly bagged and properly disposed of. Section 3 – Edging, Weeding, Trimming and Pruning of Shrubs 3.1 Inspection of Area The Contractor shall inspect the area and acquaint themselves with all locations, physical conditions and scope of the work involved. 3.2 Edging and Weeding Edging is defined as clipping of vegetation growing adjacent to, horizontally over or through walks, sprinkler heads, driveways, parking lots, trees, curbs, shrub beds, utility poles, sign posts, playgrounds or any other place where required to present a neat, well- maintained appearance. Edging will occur a minimum of every other grass cutting. Edging the cultivated areas around trees, shrubs, mulch beds, walks and pavements will be required once per month. The grass shall be edged to a line parallel to, and not more than, one inch from the edge of the walks and pavement or curbing. 3.3 Weed Control Contractor will provide a minimum of three applications of herbicide treatments. The herbicide program shall consist of an application of pre-emergent weed control herbicide in May, an approved broadleaf weed control application in May – June, and a second broadleaf weed control application in August – September. Contractor may adjust application timing to be consistent with the herbicide label, weather conditions and plant growth. Reapplication at no additional cost will be required for unsatisfactory results. The designated City representative shall be notified a minimum of 24 hours prior to application of sites to be treated and product planned to be used. Contractor shall post sites with the appropriate signage indicating sites have been treated. 3.4 Trimming and Pruning Shrubs and trees less than 25’ in height shall be pruned a minimum of one time per year by a Certified Arborist or experienced personnel. All pruning shall be done in accordance with ANSI pruning standards. All pruning cuts shall be made with sharp tools at the collar of the parent branch. All debris shall be removed and properly disposed of. Oaks and elms shall never be pruned between April and October. Avoid pruning honeylocust, crabapples, hawthorns, cotoneaster during the growing season (April to October) to prevent fungal and bacterial infections. 1. Cane-growth habitat shrubs (examples include: Viburnum species like nannyberry/arrowwood, Spirea, Honeysuckle, dogwood, ninebark, etc.): Page 31 of 223 225016v1 Renewal pruning – every year remove up to one-third of the oldest, thickest stems, pruning them down to ground level. Cut back any remaining stems that look overgrown. Rejuvenation pruning – for overgrown shrubs, cut all stems or trunks, pruning them down to ground level in early spring. This type of pruning shall be done in early spring March/April before growth begins. 2. Tree-form shrubs and trees (examples include: Pagoda dogwood, Japanese treelilac, Nannyberry tree-form ): Natural pruning – prune branches to develop structure and improve plant health. Select central leader and prune out codominant branches using reduction cuts within a size range appropriate from the species and size plant. Prune out dead, damaged, diseased, crossing and/or crowded branches using proper pruning cuts. This type of pruning shall be done between November and March. 3. Evergreen or deciduous hedges or evergreen shrubs (yews and arborvitae): Shearing or pick-pruning – once hedges or evergreen shrubs reach the desired height and width, prune back every time it grows 6 to 8 inches. 4. All shrubs and trees shall be pruned to maintain specified clearance near trails/sidewalks, buildings, light poles, signs and over mowed/maintain grass unless inappropriate for the size, species and location of the plant. a. Trails/sidewalks – 10 feet of vertical clearance for trees at least 5 inches in diameter. 2-3 feet of horizontal clearance for small trees and shrubs. b. Buildings and light poles – 3-4 feet of clearance for trees, 1-2 feet of clearance for shrubs. c. Signs – 2-3 feet of clearance d. Mowed/maintained grass - 8 feet of vertical clearance for trees at least 5 inches in diameter. Section 4 – Fertilization 4.1 Inspection of Area The Contractor shall inspect the areas to acquaint themselves with all physical conditions and the scope of work involved. 4.2 Fertilizing Fertilizer shall be applied twice during the growing season. Once in early spring, after the spring cleanup and prior to May 20th. The fertilizer shall be a minimum of 25% slow Page 32 of 223 225016v1 release. A grade analysis of 20-0-20, 24-0-12, 30-0-15 or pre-approved equal shall be applied at a rate of 1.0 pound of nitrogen per 1,000 square feet. Fall application shall be applied between August 15 and September 30, and shall be a grade analysis of 20-0-20, 24-0-12 or pre-approved alternate with a minimum of 25% slow release, applied at a rate of 1.0-pound nitrogen per 1,000 square feet. Section 5 – Maintenance of Mulch Beds 5.1 Inspection of Area The Contractor shall inspect the areas to acquaint themselves with all physical conditions and the scope of work involved. 5.2 A pre-emergent weed control shall be applied in early Spring to all maintained mulch bed areas. The application shall consist of both a grass type and broadleaf type pre- emergent herbicide. Select pre-emergent least likely to damage the managed perennials, shrubs and trees on site. Avoid herbicide applications directly on or near managed perennials, shrubs and trees, especially newly planted and establishing vegetation. Owner can provide species lists for each site upon Contractor request. Contractor shall follow application with either manual weed removal or chemical weed control for any undesired vegetation. 5.3 All mulch beds and tree mulch rings shall be maintained weed, grass and debris free. Mulch beds shall be maintained at a 4-6” depth, with mulching material provided by the City. Mulch shall be kept 3-4” away from the base on tree trees so the root flare is exposed. Mulch beds shall be cultivated or “turned over” to scarify top “crust” when other maintenance is done on site. Section 6 – Litter Pickup and Sidewalk & Parking Lot Maintenance 6.1 Inspection of Area The Contractor shall inspect areas shown on the map to acquaint themselves with all physical conditions and the scope of the work involved. 6.2 Litter Pickup In conjunction with the weekly turf maintenance program, all areas within the contract area including sidewalks, parking lots, shrub beds and turf areas shall be policed for litter and debris. 6.3 Sidewalk & Parking Lot Maintenance In conjunction with the weekly turf maintenance program, sidewalks and parking lots within the contract area shall be checked. Any gravel, stones, sand, dirt, broken glass or other debris shall be swept and properly disposed of. Weeds in cracks on sidewalks and parking lots shall be sprayed with Round-up (or approved equal) and then removed after product takes effect. Page 33 of 223 225016v1 Section 7 – Fall Cleanup 7.1 Inspection of Area The Contractor shall inspect areas shown on the map to acquaint themselves with all physical conditions and the scope of the work involved. 7.2 Scheduling To be completed between October 1 and November 1, weather permitting. All sites to be completed prior to first significant snowfall (sustained snow cover). 7.3 Quality Indicators All landscape beds and turf areas to be swept/blown/vacuumed clear of all leaves, litter, clippings and debris. Removal and proper disposal of clippings and waste is included. Section 8 – Irrigation System Operation, Maintenance and Repairs 8.1 The Contractor will provide qualified personnel knowledgeable in irrigation systems now in use at service sites. Irrigation control systems include Baseline, Toro, Hunter, and Rainbird. All contractors providing a proposal for the work acknowledge understanding of each manufacturer’s control systems. 8.2 The 205th Street and Kenrick Avenue Roundabout watering system is to be set for appropriate watering program consistent with existing turf moisture needs and evapotranspiration tables. Watering program will meet standards landscape watering requirements during normal natural precipitation expectations. Contractor shall water sites on an odd/even watering program, which is determined by the last digit of the building’s address. Watering shall not occur between 11:00 AM and 5:00 PM. The City will manage adjustments to the other irrigated areas remotely utilizing Baseline. Contractor is required to notify the City of any scheduling adjustments needed on all irrigated sites. 8.3 The Contractor will be responsible for the cost of repairs for any damage to underground irrigation system (i.e. sprinkler heads) caused by the contractor’s mowers or weed-whips. Repairs will be made promptly, and in consultation with the Parks Superintendent or the Parks Supervisor. All repairs must meet the original design standards and use original manufacturer replacements. Heads in zones must have matched precipitation rates. 8.4 Contractor will be responsible for spring startup and fall shutdown (winterizing). Contractor must notify the Parks Superintendent or the Parks Supervisor a minimum of 48 hours before spring startup or fall shutdown. Contractor shall coordinate water shut- off with the City of Lakeville Utilities Department as needed. 8.5 Winterizing of irrigation includes removal of moisture sufficient to prevent damage. Contractor will be responsible for all freeze damage or repairs necessary due to improper winterization, including excessive air pressure or heat buildup. Page 34 of 223 Page 35 of 223 Page 36 of 223 Date: 1/16/2024 2024 Community Development Block Grant Application Proposed Action Staff recommends adoption of the following motion: Move to adopt a resolution authorizing the submittal of the 2024 Community Development Block Grant (CDBG) application in the amount of $116,567. Overview Dakota County is expected to receive approximately $1.96 million of the federal allocation for the Community Development Block Grant program. This amount is divided between 14 cities, as well as a consortium of townships and small cities throughout Dakota County. The City has been informed that it will be receiving approximately $116,567 in Community Development Block Grant funding in program year 2024. Use of these funds is contingent upon the City submitting and receiving approval of an application to the Dakota County Community Development Agency (CDA) that identifies activities that meet at least one of the federal objectives of either benefiting low/moderate income persons, eliminating slum and blight or for planning purposes. At least 50% of the proposed activities for 2024 must be activities or projects that provide benefit to low/moderate income (LMI) individuals. A breakout of the recommended allocation for program year 2024 is included in Attachment A. In 2024, CDBG funds are proposed to be used to provide programming to seniors at the Heritage Center, provide assistance to Lakeville seniors with outdoor chores and minor home repairs, fund the Lakeville LOOP (a weekly circulator bus service for Lakeville seniors), and pay for an update to the Downtown Development Guide. Additionally, the Home Improvement Loan program will be used to assist qualifying residents in need of home improvements by providing interest-free loans. Supporting Information 1. 1. 2024 CDBG Application Description and Breakdown 2. 2. Lakeville CDBG Application PY2024 3. 3. CDBG Application Resolution Financial Impact: $116,567 Budgeted: Yes Source: Community Development Block Grant (CDBG) Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Kati Bachmayer, Economic Development Manager Page 37 of 223 Page 38 of 223 2024 CDBG Application The Dakota County Community Development Agency (CDA) requires that all cities submit applications with at least 50% of the proposed allocation for 2024 being activities or projects that provide benefit to low/moderate income (LMI) individuals. One of the more commonly identified LMI activities in Dakota County is the Home Improvement Loan Program administered by the Dakota County CDA. Preservation of the existing residential neighborhoods adjacent to Downtown have been identified as a goal of the City Council in the Downtown Development Guide. Another area identified by staff is the Valley Park area, one of Lakeville’s older neighborhoods. Information about the program can be found at https://www.dakotacda.org/housing-resources/homeownership/home-improvement-loan-program/. Staff recommends funding this program at $58,284. The City of Lakeville has partnered with DARTS since late 2017 on the Lakeville LOOP, a senior circulator bus service that runs five hours a day for one day a week, which can stop at seven senior housing locations and drop off at locations throughout Lakeville upon request. Over 120 rider registrations have been received since the LOOP’s inception. More information about the program can be found at https://www.lakevillemn.gov/824/Lakeville-LOOP-Circulator-Bus. The $25,000 request, supplemented by sponsorships, will be used to continue the service into 2025. Senior Services has been a very popular program at the Heritage Center, serving over 520 seniors in 2023. Since 2018, the City of Lakeville has partnered with DARTS to fund outdoor chores and minor home repairs services to senior citizens under this CDBG activity. The total allocation request for this activity is $15,798. Finally, the City of Lakeville plans to update its Downtown Development Guide, as the current documents were completed six or more years ago. Staff recommends funding this activity at $17,485. The 2024 CDBG application is recommended to be submitted as follows (the previous year’s allocation is provided below as a reference): 2024 Program Activities 2023 Program Activities Housing Rehab $58,284 Housing Rehab $84,125 Senior Transportation $25,000 Senior Transportation $25,000 Senior Services $15,798 Senior Services $20,000 Economic Development Plan $17,485 Economic Development Plan $15,000 TOTAL Allocation $116,567 TOTAL Allocation $144,125 Page 39 of 223 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPLICATION FOR PROGRAM YEAR 2024 Application must be received by the Dakota County Community Development Agency NO LATER THAN FRIDAY, JANUARY 19, 2024 For July 1, 2024 – June 30, 2025 General Information Applicant Name: City of Lakeville UEI #: KL8UN7NHZAS3 Contact Name: Tina Goodroad, Community Development Director Applicant Address:20195 Holyoke Avenue City, State, Zip: Lakeville, MN 55044 Phone:952-985-4421 Email:tgoodroad@lakevillemn.gov Proposed Activities Activity Requested Funding Amount #1 Title: Housing Rehabilitation Loan Program CDBG Request: $ 58,284 #2 Title: Senior Transportation CDBG Request: $ 25,000 #3 Title: Senior Services CDBG Request: $ 15,798 #4 Title: Economic Development Plan CDBG Request: $ 17,485 #5 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text. Total Request: $ 116,567 Contingency Funding Request: Please note the funding levels for activities if there is an increase or decrease in federal funding levels. Specify which activities should be fully funded at the requested level and which should be increased or decreased. Click or tap here to enter text. PLEASE NOTE: AT LEAST 50% of the proposed funding must qualify as a LOW/MOD benefit and NO MORE THAN 35% of the any one community’s proposed funding can be for PUBLIC SERVICES. As public services may not account for more than 15% of the County’s total funding, public service requests may be decreased once all applications are submitted and reviewed by CDA staff. Page 40 of 223 Certification I certify that the information contained in this application is true and correct and that it contains no misrepresentations, falsifications, intentional omissions, or concealment of material facts. I further certify that no contracts have been awarded, funds committed, or construction begun on the proposed project(s), and that none will be made prior to notification from the Dakota County CDA based on HUD’s issuance of a Release of Funds Notice. Signature of Authorized Official Date Title of Authorized Official PLEASE ATTACH THE RESOLUTION OF THE GOVERNING BODY SHOWING APPROVAL OF THE REQUEST FOR CDBG FUNDS. Page 41 of 223 1 Please complete the following Sections I-V for EACH proposed activity. (For example, if 3 activities are being proposed, there will be 3 sets of the following pages.) Activity # 1 Activity Title: Housing Rehabilitation Loan Program II. Activity Information Has this Activity received CDBG funding before? ☒ Yes ☐ No Check the eligible activity category of the proposed activity: (See attached definitions) I. Activity Title Describe the proposed activity in detail. Please be specific about purpose, location, number of people or households served, etc. The Housing Rehabilitation Loan Program provides interest free loans in amounts up to $35,000 to homeowners in Lakeville who meet equity and credit requirements and low/moderate income requirements. Those who qualify for the Housing Rehabilitation Loan Program will benefit from the structural integrity of the redevelopment of their properties. Residents and the City will also benefit from the increased market value and subsequent increased tax revenues generated from improved properties. The City of Lakeville is committed to supporting the continued viability of existing residential structures and neighborhoods throughout the entire community. The Housing Rehabilitation Loan Program will provide up to $35,000 loans to low/moderate income individuals that would be deferred until the sale of the property at which time repayment of the loan would be expected in full. The loans provide for necessary improvements to the home to maintain the quality of the housing stock in the community. Therefore, the City is requesting funding for the Housing Rehabilitation Loan Program administered by the Dakota County CDA. Page 42 of 223 2 Affordable Rental Housing ☐ Rehabilitation of Multi-Unit Residential ☐ Fair Housing Activities ☐ Energy Efficiency Improvements Public Services ☐ Senior Services ☐ Youth Services ☐ Transportation Services ☐ Operational Support Affordable Homeowner Housing ☐ Homeownership Assistance ☐ New (Re)Construction Homeowner Housing ☒ Rehabilitation/ Energy Efficiency Improvement of Single Unit Residential ☐ Fair Housing Activities Public Facilities ☐ Recreational Parks ☐ Public Water/Sewer Improvements ☐ Street Improvements ☐ Sidewalks ☐ Assessment Abatement ☐ ADA Improvements Homelessness ☐ Coordinated Access to Services & Shelter ☐ Housing Stabilization ☐ Emergency Shelter Operation Neighborhood Revitalization ☐ Acquisition of Real Property ☐ Clearance and Demolition ☐ Clean-up of Contaminated Site Economic Development ☐ Employment Training ☐ Economic Development Assistance ☐ Rehabilitation of Commercial/Industrial Buildings ☐ Micro-Enterprise Assistance ☐ Relocation Planning and Administration ☐ Planning ☐ Administration Page 43 of 223 3 Describe the activity schedule: Is this a continuation of a previously funded activity? ☒Yes ☐No Is this a time-specific project? ☐Yes ☒No If this is a time-specific project, please note the start and end dates below: Proposed Activity Start Date: Ongoing Proposed Activity Completion Date: Ongoing CDBG funded projects/activities must meet one of the following program objectives. Check the objective for which the CDBG funds will be used. If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? (TBD based upon applications) Households (Income eligibility must be verified by written documentation) Where will this activity occur? (Address of property, neighborhood, or citywide) City-wide III. CDBG National Objective ☐ Low/Mod Area Benefit ☐ Low/Mod Limited Clientele Benefit ☒ Low/Mod Housing Benefit ☐ Low/Mod Jobs Benefit ☐ Slum/Blight Area Benefit ☐ Slum/Blight Spot Benefit ☐ Urgent Need (extremely rare; used only for emergencies): (Please explain) Click or tap here to enter text. If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Activity live? (Please include map) Click or tap here to enter text. How many residents live in this area? Click or tap here to enter text. What is the percentage of low and moderate-income beneficiaries? Click or tap here to enter text.% How was this documented? ☐ HUD Data ☐ Survey (Please include a copy of survey) Page 44 of 223 4 If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? Click or tap here to enter text. People Click or tap here to enter text. Households (Please choose either People or Households for each project). How will income be verified? ☐ Income Verification Request Forms ☐ Eligibility Status for other Governmental Assistance program ☐ Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that all sources of income and assets must be included when calculating annual income) ☐ Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered spouses, elderly persons (62+), severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers) If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the “Jobs” National Objective, the business being assisted must enter into an agreement showing commitment that at least 51% of jobs created or retained will be available to low/mod income persons. The business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this activity create or retain full time equivalencies (FTEs)? ☐ Create ☐ Retain For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? ☐ Yes ☐ No What percent of permanent FTEs will be held by or available to low/mod income persons? Click or tap here to enter text. % If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? Click or tap here to enter text. (Please provide letter from building inspector or other documentation noting deficiencies and include photos) What deficiency will be corrected or the public improvement be? Click or tap here to enter text. If Slum/Blight Area, what percent of buildings are deteriorated? Click or tap here to enter text.% Page 45 of 223 5 IV. Proposed Objectives and Outcomes Indicate the proposed objective and outcome of the activity/project. Outcome #1 Availability/Accessibility Outcome #2 Affordability Outcome #3 Sustainability Objective #1 Suitable Living Environment ☐ Accessibility for the purpose of creating a suitable living environment ☐ Affordability for the purpose of creating a suitable living environment ☒ Sustainability for the purpose of creating a suitable living environment Objective #2 Decent Housing ☐ Accessibility for the purpose of providing decent housing ☐ Affordability for the purpose of providing decent housing ☒ Sustainability for the purpose of providing decent housing Objective #3 Economic Opportunity ☐ Accessibility for the purpose of creating economic opportunities ☐ Affordability for the purpose of creating economic opportunities ☐ Sustainability for the purpose of creating economic opportunities Indicate how the activity outcome will be measured and projected number of beneficiaries. ☐ People ☒ Households TBD ☐ Housing Units ☐ Public Facilities ☐ Jobs ☐ Businesses ☐ Organizations V. Project Budget Provide the total project cost and CDBG request. Total Project Cost: $ 58,284 Total CDBG Request: $ 58,284 CDBG Percent of Total Cost: 100% Describe all funding sources. Source of Funds Amount Committed Pending Click or tap here to enter text. $ ☐ ☐ Click or tap here to enter text. $ ☐ ☐ Click or tap here to enter text. $ ☐ ☐ Total: $ ☐ ☐ Page 46 of 223 6 Please itemize project expenses, using the following guidance as applicable: • Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs • Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs • Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees • Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs • Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs * * * * * Please review each section for completeness. Each activity should have separate Sections I through V. Itemized Use of Funds/Expenses Costs CDBG Funds Requested Other Funding Sources Construction/Rehabilitation Costs $ 58,284 $ 58,284 $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Total: $ 58,284 $ 58,284 $ Page 47 of 223 7 Planning and General Grant Administration Activities may not exceed 20% of the total grant awarded to Dakota County for that year. Please complete the following Sections I-V for EACH proposed activity. (For example, if 3 activities are being proposed, there will be 3 sets of the following pages.) Activity # 2 Activity Title: Senior Transportation II. Activity Information Has this Activity received CDBG funding before? ☒ Yes ☐ No Check the eligible activity category of the proposed activity: (See attached definitions) I. Activity Title Describe the proposed activity in detail. Please be specific about purpose, location, number of people or households served, etc. The City of Lakeville has a subrecipient agreement with DARTS to provide circulator bus service to senior citizens (age 62 and older), people with disabilities, and individuals who qualify based on income. Bus service runs one day a week for five hours per day. It provides rides at a reasonable, all-you-can-ride day fare to seniors at seven senior housing facilities and takes them to various locations in the city. This senior transportation service is known as the Lakeville LOOP and has over 126 riders registered for the program. Page 48 of 223 8 Affordable Rental Housing ☐ Rehabilitation of Multi-Unit Residential ☐ Fair Housing Activities ☐ Energy Efficiency Improvements Public Services ☒ Senior Services ☐ Youth Services ☒ Transportation Services ☐ Operational Support Affordable Homeowner Housing ☐ Homeownership Assistance ☐ New (Re)Construction Homeowner Housing ☐ Rehabilitation/ Energy Efficiency Improvement of Single Unit Residential ☐ Fair Housing Activities Public Facilities ☐ Recreational Parks ☐ Public Water/Sewer Improvements ☐ Street Improvements ☐ Sidewalks ☐ Assessment Abatement ☐ ADA Improvements Homelessness ☐ Coordinated Access to Services & Shelter ☐ Housing Stabilization ☐ Emergency Shelter Operation Neighborhood Revitalization ☐ Acquisition of Real Property ☐ Clearance and Demolition ☐ Clean-up of Contaminated Site Economic Development ☐ Employment Training ☐ Economic Development Assistance ☐ Rehabilitation of Commercial/Industrial Buildings ☐ Micro-Enterprise Assistance ☐ Relocation Planning and Administration ☐ Planning ☐ Administration Page 49 of 223 9 Describe the activity schedule: Is this a continuation of a previously funded activity? ☒Yes ☐No Is this a time-specific project? ☐Yes ☒No If this is a time-specific project, please note the start and end dates below: Proposed Activity Start Date: Ongoing Proposed Activity Completion Date: Ongoing CDBG funded projects/activities must meet one of the following program objectives. Check the objective for which the CDBG funds will be used. If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? Click or tap here to enter text. Households (Income eligibility must be verified by written documentation) Where will this activity occur? (Address of property, neighborhood, or citywide) Click or tap here to enter text. III. CDBG National Objective ☐ Low/Mod Area Benefit ☒ Low/Mod Limited Clientele Benefit ☐ Low/Mod Housing Benefit ☐ Low/Mod Jobs Benefit ☐ Slum/Blight Area Benefit ☐ Slum/Blight Spot Benefit ☐ Urgent Need (extremely rare; used only for emergencies): (Please explain) Click or tap here to enter text. If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Activity live? (Please include map) Click or tap here to enter text. How many residents live in this area? Click or tap here to enter text. What is the percentage of low and moderate-income beneficiaries? Click or tap here to enter text.% How was this documented? ☐ HUD Data ☐ Survey (Please include a copy of survey) Page 50 of 223 10 If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? 100+ People Households (Please choose either People or Households for each project). How will income be verified? ☒ Income Verification Request Forms ☐ Eligibility Status for other Governmental Assistance program ☐ Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that all sources of income and assets must be included when calculating annual income) ☒ Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered spouses, elderly persons (62+), severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers) If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the “Jobs” National Objective, the business being assisted must enter into an agreement showing commitment that at least 51% of jobs created or retained will be available to low/mod income persons. The business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this activity create or retain full time equivalencies (FTEs)? ☐ Create ☐ Retain For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? ☐ Yes ☐ No What percent of permanent FTEs will be held by or available to low/mod income persons? Click or tap here to enter text. % If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? Click or tap here to enter text. (Please provide letter from building inspector or other documentation noting deficiencies and include photos) What deficiency will be corrected or the public improvement be? Click or tap here to enter text. If Slum/Blight Area, what percent of buildings are deteriorated? Click or tap here to enter text.% Page 51 of 223 11 IV. Proposed Objectives and Outcomes Indicate the proposed objective and outcome of the activity/project. Outcome #1 Availability/Accessibility Outcome #2 Affordability Outcome #3 Sustainability Objective #1 Suitable Living Environment ☒ Accessibility for the purpose of creating a suitable living environment ☐ Affordability for the purpose of creating a suitable living environment ☐ Sustainability for the purpose of creating a suitable living environment Objective #2 Decent Housing ☐ Accessibility for the purpose of providing decent housing ☐ Affordability for the purpose of providing decent housing ☐ Sustainability for the purpose of providing decent housing Objective #3 Economic Opportunity ☐ Accessibility for the purpose of creating economic opportunities ☐ Affordability for the purpose of creating economic opportunities ☐ Sustainability for the purpose of creating economic opportunities Indicate how the activity outcome will be measured and projected number of beneficiaries. ☒ People 100+ ☐ Households ☐ Housing Units ☐ Public Facilities ☐ Jobs ☐ Businesses ☐ Organizations V. Project Budget Provide the total project cost and CDBG request. Total Project Cost: $ 35,000 Total CDBG Request: $ 25,000 CDBG Percent of Total Cost: 71.4% Describe all funding sources. Source of Funds Amount Committed Pending Sponsorships $ 10,000 ☐ ☒ Click or tap here to enter text. $ ☐ ☐ Click or tap here to enter text. $ ☐ ☐ Total: $ ☐ ☐ Page 52 of 223 12 Please itemize project expenses, using the following guidance as applicable: • Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs • Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs • Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees • Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs • Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs * * * * * Please review each section for completeness. Each activity should have separate Sections I through V. Itemized Use of Funds/Expenses Costs CDBG Funds Requested Other Funding Sources Bus service $ 35,000 $ 25,000 $ 10,000 Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Total: $35,000 $ 25,000 $ 10,000 Page 53 of 223 13 Please complete the following Sections I-V for EACH proposed activity. (For example, if 3 activities are being proposed, there will be 3 sets of the following pages.) Activity # 3 Activity Title: Senior Services II. Activity Information Has this Activity received CDBG funding before? ☒ Yes ☐ No Check the eligible activity category of the proposed activity: (See attached definitions) I. Activity Title Describe the proposed activity in detail. Please be specific about purpose, location, number of people or households served, etc. The City of Lakeville values living options for people of all ages and stages of life and strives to be a community where residents can live and age in place. This Community Value aligns with Dakota County's Homes for a Lifetime initiative, which gives aging residents the ability to live in their own homes for as long as safely, confidently and comfortably possible. The Senior Services program offers reduced rates to seniors (age 62 and older) in order to expand accessibility and reduce barriers to participation in Lakeville Heritage Center membership and programming. Lakeville Parks and Recreation staff served over 500 seniors in 2023, by paying for applicants' eligible activities. This activity will also provide assistance to Lakeville seniors by paying for eligible DARTS Outdoor Chores and Minor Home Repair services. The Outdoor Chores program assists Lakeville senior residents (62 and older) with home maintenance chores such as snow removal, lawn mowing, weeding gardens and small tree and shrub trimming. Minor Home Repair services assist seniors with safety and accessibility solutions, as well as providing more aesthetic solutions like minor painting jobs and power washing. Page 54 of 223 14 Affordable Rental Housing ☐ Rehabilitation of Multi-Unit Residential ☐ Fair Housing Activities ☐ Energy Efficiency Improvements Public Services ☒ Senior Services ☐ Youth Services ☐ Transportation Services ☐ Operational Support Affordable Homeowner Housing ☐ Homeownership Assistance ☐ New (Re)Construction Homeowner Housing ☐ Rehabilitation/ Energy Efficiency Improvement of Single Unit Residential ☐ Fair Housing Activities Public Facilities ☐ Recreational Parks ☐ Public Water/Sewer Improvements ☐ Street Improvements ☐ Sidewalks ☐ Assessment Abatement ☐ ADA Improvements Homelessness ☐ Coordinated Access to Services & Shelter ☐ Housing Stabilization ☐ Emergency Shelter Operation Neighborhood Revitalization ☐ Acquisition of Real Property ☐ Clearance and Demolition ☐ Clean-up of Contaminated Site Economic Development ☐ Employment Training ☐ Economic Development Assistance ☐ Rehabilitation of Commercial/Industrial Buildings ☐ Micro-Enterprise Assistance ☐ Relocation Planning and Administration ☐ Planning ☐ Administration Page 55 of 223 15 Describe the activity schedule: Is this a continuation of a previously funded activity? ☒Yes ☐No Is this a time-specific project? ☐Yes ☒No If this is a time-specific project, please note the start and end dates below: Proposed Activity Start Date: Ongoing Proposed Activity Completion Date: Ongoing CDBG funded projects/activities must meet one of the following program objectives. Check the objective for which the CDBG funds will be used. If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? Click or tap here to enter text. Households (Income eligibility must be verified by written documentation) Where will this activity occur? (Address of property, neighborhood, or citywide) Click or tap here to enter text. III. CDBG National Objective ☐ Low/Mod Area Benefit ☒ Low/Mod Limited Clientele Benefit ☐ Low/Mod Housing Benefit ☐ Low/Mod Jobs Benefit ☐ Slum/Blight Area Benefit ☐ Slum/Blight Spot Benefit ☐ Urgent Need (extremely rare; used only for emergencies): (Please explain) Click or tap here to enter text. If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Activity live? (Please include map) Click or tap here to enter text. How many residents live in this area? Click or tap here to enter text. What is the percentage of low and moderate-income beneficiaries? Click or tap here to enter text.% How was this documented? ☐ HUD Data ☐ Survey (Please include a copy of survey) Page 56 of 223 16 If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? 500+ People Click or tap here to enter text. Households (Please choose either People or Households for each project). How will income be verified? ☐ Income Verification Request Forms ☐ Eligibility Status for other Governmental Assistance program ☐ Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that all sources of income and assets must be included when calculating annual income) ☒ Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered spouses, elderly persons (62+), severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers) If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the “Jobs” National Objective, the business being assisted must enter into an agreement showing commitment that at least 51% of jobs created or retained will be available to low/mod income persons. The business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this activity create or retain full time equivalencies (FTEs)? ☐ Create ☐ Retain For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? ☐ Yes ☐ No What percent of permanent FTEs will be held by or available to low/mod income persons? Click or tap here to enter text. % If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? Click or tap here to enter text. (Please provide letter from building inspector or other documentation noting deficiencies and include photos) What deficiency will be corrected or the public improvement be? Click or tap here to enter text. If Slum/Blight Area, what percent of buildings are deteriorated? Click or tap here to enter text.% Page 57 of 223 17 IV. Proposed Objectives and Outcomes Indicate the proposed objective and outcome of the activity/project. Outcome #1 Availability/Accessibility Outcome #2 Affordability Outcome #3 Sustainability Objective #1 Suitable Living Environment ☐ Accessibility for the purpose of creating a suitable living environment ☐ Affordability for the purpose of creating a suitable living environment ☒ Sustainability for the purpose of creating a suitable living environment Objective #2 Decent Housing ☐ Accessibility for the purpose of providing decent housing ☐ Affordability for the purpose of providing decent housing ☒ Sustainability for the purpose of providing decent housing Objective #3 Economic Opportunity ☐ Accessibility for the purpose of creating economic opportunities ☐ Affordability for the purpose of creating economic opportunities ☐ Sustainability for the purpose of creating economic opportunities Indicate how the activity outcome will be measured and projected number of beneficiaries. ☐ People 500+ ☐ Households ☐ Housing Units ☐ Public Facilities ☐ Jobs ☐ Businesses ☐ Organizations V. Project Budget Provide the total project cost and CDBG request. Total Project Cost: $ 15,798 Total CDBG Request: $ 15,798 CDBG Percent of Total Cost: 100% Describe all funding sources. Source of Funds Amount Committed Pending Click or tap here to enter text. $ ☐ ☐ Click or tap here to enter text. $ ☐ ☐ Click or tap here to enter text. $ ☐ ☐ Total: $ ☐ ☐ Page 58 of 223 18 Please itemize project expenses, using the following guidance as applicable: • Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs • Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs • Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees • Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs • Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs * * * * * Please review each section for completeness. Each activity should have separate Sections I through V. Itemized Use of Funds/Expenses Costs CDBG Funds Requested Other Funding Sources Senior Services (Heritage Center programming. Contracted outdoor chores services and minor home repair services) $ 15,798 $ 15,798 $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Total: $15,798 $ 15,798 $ Page 59 of 223 19 Please complete the following Sections I-V for EACH proposed activity. (For example, if 3 activities are being proposed, there will be 3 sets of the following pages.) Activity # 4 Activity Title: Economic Development Plan II. Activity Information Has this Activity received CDBG funding before? ☒ Yes ☐ No Check the eligible activity category of the proposed activity: (See attached definitions) Affordable Rental Housing ☐ Rehabilitation of Multi-Unit Residential ☐ Fair Housing Activities ☐ Energy Efficiency Improvements Public Services ☐ Senior Services ☐ Youth Services ☐ Transportation Services ☐ Operational Support Affordable Homeowner Housing ☐ Homeownership Assistance ☐ New (Re)Construction Homeowner Housing ☐ Rehabilitation/ Energy Efficiency Improvement of Single Unit Residential ☐ Fair Housing Activities Public Facilities ☐ Recreational Parks ☐ Public Water/Sewer Improvements ☐ Street Improvements ☐ Sidewalks ☐ Assessment Abatement ☐ ADA Improvements Homelessness ☐ Coordinated Access to Services & Shelter ☐ Housing Stabilization ☐ Emergency Shelter Operation Neighborhood Revitalization ☐ Acquisition of Real Property ☐ Clearance and Demolition ☐ Clean-up of Contaminated Site Economic Development ☐ Employment Training ☐ Economic Development Assistance ☐ Rehabilitation of Commercial/Industrial Buildings ☐ Micro-Enterprise Assistance ☐ Relocation Planning and Administration ☒ Planning ☐ Administration I. Activity Title Describe the proposed activity in detail. Please be specific about purpose, location, number of people or households served, etc. In 2018, the City of Lakeville completed a Downtown Development Guide Update as a strategic planning process to identify the City’s vision and strategic initiatives for Downtown Lakeville. The city has seen significant change in its downtown since 2018 and is looking to refine its goals for this area. The City of Lakeville will hire a consultant to engage local stakeholders in the planning process. Page 60 of 223 20 Describe the activity schedule: Is this a continuation of a previously funded activity? ☐Yes ☒No Is this a time-specific project? ☒Yes ☐No If this is a time-specific project, please note the start and end dates below: Proposed Activity Start Date: 2024 Proposed Activity Completion Date: 2025 CDBG funded projects/activities must meet one of the following program objectives. Check the objective for which the CDBG funds will be used. If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? Click or tap here to enter text. Households (Income eligibility must be verified by written documentation) Where will this activity occur? (Address of property, neighborhood, or citywide) III. CDBG National Objective ☐ Low/Mod Area Benefit ☐ Low/Mod Limited Clientele Benefit ☐ Low/Mod Housing Benefit ☐ Low/Mod Jobs Benefit ☐ Slum/Blight Area Benefit ☐ Slum/Blight Spot Benefit ☒ Planning ☐ Urgent Need (extremely rare; used only for emergencies): (Please explain) Click or tap here to enter text. If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Activity live? (Please include map) Click or tap here to enter text. How many residents live in this area? Click or tap here to enter text. What is the percentage of low and moderate-income beneficiaries? Click or tap here to enter text.% How was this documented? ☐ HUD Data ☐ Survey (Please include a copy of survey) Page 61 of 223 21 If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? Click or tap here to enter text. People Click or tap here to enter text. Households (Please choose either People or Households for each project). How will income be verified? ☐ Income Verification Request Forms ☐ Eligibility Status for other Governmental Assistance program ☐ Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that all sources of income and assets must be included when calculating annual income) ☐ Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered spouses, elderly persons (62+), severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers) If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the “Jobs” National Objective, the business being assisted must enter into an agreement showing commitment that at least 51% of jobs created or retained will be available to low/mod income persons. The business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this activity create or retain full time equivalencies (FTEs)? ☐ Create ☐ Retain For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? ☐ Yes ☐ No What percent of permanent FTEs will be held by or available to low/mod income persons? Click or tap here to enter text. % If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? Click or tap here to enter text. (Please provide letter from building inspector or other documentation noting deficiencies and include photos) What deficiency will be corrected or the public improvement be? Click or tap here to enter text. If Slum/Blight Area, what percent of buildings are deteriorated? Click or tap here to enter text.% Page 62 of 223 22 IV. Proposed Objectives and Outcomes Indicate the proposed objective and outcome of the activity/project. Outcome #1 Availability/Accessibility Outcome #2 Affordability Outcome #3 Sustainability Objective #1 Suitable Living Environment ☐ Accessibility for the purpose of creating a suitable living environment ☐ Affordability for the purpose of creating a suitable living environment ☐ Sustainability for the purpose of creating a suitable living environment Objective #2 Decent Housing ☐ Accessibility for the purpose of providing decent housing ☐ Affordability for the purpose of providing decent housing ☐ Sustainability for the purpose of providing decent housing Objective #3 Economic Opportunity ☐ Accessibility for the purpose of creating economic opportunities ☐ Affordability for the purpose of creating economic opportunities ☒ Sustainability for the purpose of creating economic opportunities Indicate how the activity outcome will be measured and projected number of beneficiaries. ☐ People ☐ Households ☐ Housing Units ☐ Public Facilities ☐ Jobs ☒ Businesses approx. 50 ☐ Organizations V. Project Budget Provide the total project cost and CDBG request. Total Project Cost: $ 17,485 Total CDBG Request: $ 17,485 CDBG Percent of Total Cost: 69.9% Describe all funding sources. Source of Funds Amount Committed Pending City of Lakeville $ 7,515 ☒ ☐ Click or tap here to enter text. $ ☐ ☐ Click or tap here to enter text. $ ☐ ☐ Total: $ ☐ ☐ Page 63 of 223 23 Please itemize project expenses, using the following guidance as applicable: • Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs • Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs • Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees • Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs • Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs * * * * * Please review each section for completeness. Each activity should have separate Sections I through V. Itemized Use of Funds/Expenses Costs CDBG Funds Requested Other Funding Sources Planning project costs $ 25,000 $ 17,485 $ 7,515 Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Total: $25,000 $ 17,485 $ 7,515 Page 64 of 223 24 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ELIGIBLE ACTIVITIES Please Note: Although an activity may be deemed eligible for CDBG funding, it does not guarantee funding. The Community Development Needs for the CDBG Program in the Consolidated Plan lists the priority of needs and dictates which types of eligible activities may be funded in a given year. All activities must meet a National Objective. CDBG funds may NOT be used for costs attributable to a building used for the general conduct of government, general government expenses, or political activities. Acquisition/Disposition: Includes acquisition of real property, in whole or in part, by purchase, long-term lease, donation, or otherwise, for public purpose. Real property to be acquired may include: land, air rights, easements, water rights, rights-of-way, buildings and other property improvements, or other interests in real property. Demolition/Clearance: Includes clearance, demolition, and removal of buildings and improvements including movement of structures to other sites. Economic Development Activities: Includes but are not limited to: (1) construction by the grantee or subrecipient of a business incubator designed to provide inexpensive space and assistance to new firms to help them become viable businesses, (2) loans to pay for the expansion of a factory or commercial business, and (3) training for by persons on welfare to enable them to qualify for jobs created by CDBG-assisted special economic development activities. The level of public benefit to be derived from the economic development activity must be appropriate given the amount of CDBG assistance. Homeownership Assistance: Includes financial assistance for down payments, closing costs or other part of the purchase process and counseling for pre-purchase, post-purchase or foreclosure prevention. Rehabilitation: Includes single-family rehabilitation, multi-family rehabilitation, energy efficiency improvements, public housing modernization, and rehabilitation of commercial properties. Relocation: Includes relocation payments and assistance to displaced persons, including individuals, families, businesses, non-profits, and farms, where required under section 570.606 of the regulations (pursuant to the Uniform Relocation Act). Public Facilities/Improvements: CDBG funds may be used by the subrecipient or other public or private nonprofit entities for the acquisition (including long term leases for periods of 15 years or more), construction, reconstruction, rehabilitation (including removal of architectural barriers to accessibility), or installation, of public improvements or facilities. This includes neighborhood facilities, firehouses, public schools, libraries, and shelters for homeless people, as well as water and/or sewer treatment plants. Buildings for the general conduct of government cannot be acquired or improved with CDBG funds. Public Services: CDBG funds may be used to provide public services (including labor, supplies, and materials), provided that each of the following criteria is met: 1) The public service must be either a new service or a quantifiable increase in the level of service; and 2) The amount of CDBG funds obligated within a program year to support public service activities may not exceed 35% of a city’s allocation and the total public services of all subrecipients may not exceed 15% of the total grant awarded to Dakota County for that year. Planning: Includes studies, analysis, data gathering, preparation of plans, and identification of actions that will implement plans. The types of plans which may be paid for with CDBG funds include, but are not limited to: comprehensive plans; individual project plans; community development plans, capital improvement programs; small area and neighborhood plans; environmental and historic preservation studies; and functional plans (such as plans for housing, land use, energy conservation, or economic development). Except for small cities and townships, the amount of CDBG funds obligated within a program year to support planning activities may not exceed 15% of a community’s allocation. General Grant Administration: CDBG funds may be used for general administration costs incurred by a subrecipient to administer its CDBG program. CDBG grant funds obligated to general grant administration may not exceed 10% of the community’s allocation. Administration costs directly associated with a CDBG activity should be part of the activity as project administration and are not considered general grant administration expenses. Please talk to the Dakota County CDA before you allocated funds to grant admin. Page 65 of 223 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. _________ A RESOLUTION APPROVING THE APPLICATION FOR FISCAL YEAR 2024 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, the City of Lakeville is a participating jurisdiction with the Dakota County Community Development Block Grant (CDBG) Entitlement Program for Fiscal Year 2024 (starting July 1, 2024 and ending June 30, 2025); and WHEREAS, the Dakota County Community Development Agency (CDA) is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested Fiscal Year 2024 CDBG applications be submitted by January 19, 2024, based on an allocation of funds approved in the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Lakeville hereby approves the following: 1. The Fiscal Year 2024 CDBG application is approved for submission to the Dakota County CDA. 2. The Mayor and City Administrator for the City of Lakeville are authorized to execute the application and all agreements and documents related to receiving and using the awarded CDBG funds. 3. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf of the City of Lakeville, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. ADOPTED this 16th day of January, 2024. By: Luke M. Hellier, Mayor ATTEST: Ann Orlofsky, City Clerk Page 66 of 223 Date: 1/16/2024 Resolution Approving the Revised Preliminary Plat of Ritter Meadows Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the revised Ritter Meadows preliminary plat Overview TEG Land Holdings, LLC have submitted a revised preliminary plat for Ritter Meadows, which proposes 255 dwelling units consisting of 29 single family lots, 99 detached townhome (villa) lots, and 127 attached townhome lots on land located north of 205th Street and west of I-35. The original Ritter Meadows preliminary plat was approved by the City Council on May 1, 2023. The revised preliminary plat now includes the former 2.4 acre Dunham parcel located north of the existing 205th Street/Keokuk Avenue intersection. By incorporating this parcel into the preliminary plat, minor collector Keokuk Avenue can now be constructed north of 205th Street with the first phase of the Ritter Meadows development. In addition, there is one fewer single family lot proposed in the northwest corner of the preliminary plat due to minor design modifications requested by the property owner to the west (Rich Carron). The Planning Commission held a public hearing on the revised preliminary plat at their January 4, 2024 meeting and unanimously recommended approval. There was public comment from two neighboring property owners. The comments the property owners made were similar to the comments they raised at the March 16, 2023 Planning Commission public hearing for the original preliminary plat, which were addressed by City staff, the development team, and the Planning Commission at that time. Supporting Information 1. Preliminary Plat Resolution 2. January 4, 2024 draft Planning Commission meeting minutes 3. December 28, 2023 planning memo (revised preliminary plat) 4. March 9, 2023 TPC memo (original preliminary plat) Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Tina Goodroad, Community Development Director Page 67 of 223 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-_____ RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF RITTER MEADOWS WHEREAS, TEG Land Holdings, LLC (Twin Cities Land Development) has requested approval of the preliminary plat of 29 single family lots, 99 detached townhome (villa) lots, and 127 attached townhome lots to be known as RITTER MEADOWS; and WHEREAS, the property is legally described as (see attached Exhibit A); and WHEREAS, the Planning Commission conducted a public hearing on the revised preliminary plat application at their meeting on January 4, 2024 preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak; and WHEREAS, the Planning Commission recommended approval of the revised preliminary plat; and WHEREAS, the revised preliminary plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council that the revised RITTER MEADOWS preliminary plat is approved subject to the following conditions: 1. Street right-of-way dedication, street section construction plans, turn lane construction plans, and private drive construction plans shall be subject to review and approval of the City Engineer with the first phase final plat. 2. Trails: a. The developer shall be responsible for 100 percent of the cost of grading and restoration for trail construction. b. The developer shall be responsible for 5/8th of the cost of bituminous for construction of trails within the preliminary plat, except for the trail within Outlot A, which shall be reimbursed 100 percent by the City, including the waterway crossing. Page 68 of 223 2 c. The developer shall dedicate a public trail easement over Lot 77, Block 8, subject to review and approval of the Parks and Recreation Director and City Engineer. 3. The developer shall obtain easements to allow for any grading that occurs outside of the plat boundaries. 4. All tree preservation, grading, utilities, stormwater management, drainage and utility easements, and retaining walls shall be subject to review and approval of the City Engineer. 5. Outlot A and Outlot B shall be deeded to the City for stormwater management purposes. 6. The landscape plan shall be subject to review and approval of the City Forester. 7. Outlot C shall be dedicated to the City for park purposes. The balance of required park dedication shall be satisfied as a cash fee in lieu of land calculated at the time of final plat approval. 8. Outlot D shall require future application for preliminary plat and final plat subject to the procedures established by Title 10 of the City Code and shall be subject to park dedication requirements at the time of preliminary plat and final plat approval. 9. Attached and detached townhouse dwelling units shall comply with the design and construction standards established by Section 11-57-19 and Section 11-58-21 of the Zoning Ordinance. 10. Keokuk Avenue shall be extended north of 205th Street with the first phase final plat subject to design review and approval by the City Engineer. ADOPTED by the City Council of the City of Lakeville this 16th day of January 2024. CITY OF LAKEVILLE Luke M. Hellier, Mayor Page 69 of 223 3 ATTEST: _________________________ Ann Orlofsky, City Clerk Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 70 of 223 4 EXHIBIT A Parcel A: The East half of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota, except (I) the South 396.00 feet of the East 264.00 feet thereof, both distances as measured at right angles, and (II) that part of the Northeast Quarter of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota described as follows: Commencing at the Northeast corner of said Section 26; thence Southerly along the East line of said Northeast Quarter of the Northeast Quarter a distance of 216.81 feet to the point of beginning of the land to be described; thence Westerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet; thence Southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 590.00 feet; thence Easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet to said East line of the Northeast Quarter of the Northeast Quarter; thence Northerly along said East line of the Northeast Quarter of the Northeast Quarter a distance of 590.00 feet to the point of beginning. Parcel B: That part of the Northeast Quarter of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota described as follows: Commencing at the Northeast corner of said Section 26; thence Southerly along the East line of said Northeast Quarter of the Northeast Quarter a distance of 216.81 feet to the point of beginning of the land to be described; thence Westerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet; thence Southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 590.00 feet; thence Easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet to said East line of the Northeast Quarter of the Northeast Quarter; thence Northerly along said East line of the Northeast Quarter of the Northeast Quarter a distance of 590.00 feet to the point of beginning. Parcel C: That part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 114, Range 21, Dakota County, Minnesota, lying Westerly of the Westerly right-of-way line of Interstate Hwy. No. 35, and as the same is now laid out and traveled. and Page 71 of 223 5 That part of the Southwest Quarter of the Northwest Quarter and of the Northwest Quarter of the Southwest Quarter, both in Section 25, Township 114, Range 21, Dakota County, Minnesota, lying Westerly of the Westerly right-of-way line of Interstate Hwy. No. 35, as the same is now laid out and traveled, and lying Northerly of the following described line: Commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter; thence South 0 degrees 00 minutes 48 seconds West, assumed bearing, along the West line of said Northwest Quarter of the Southwest Quarter, a distance of 22.65 feet to the centerline of County State Aid Highway No. 64, as the same is now laid out and traveled; thence Easterly along said centerline and along a nontangential curve concave to the North, having a radius of 5729.58 feet and a central angle of 2 degrees 41 minutes 32 seconds, a distance of 269.21 feet, a chord of said curve bears North 85 degrees 47 minutes 28 seconds East; thence North 84 degrees 26 minutes 42 seconds East tangent to said curve and continuing along said centerline a distance of 243.64 feet; thence North 0 degrees 52 minutes 26 seconds East, a distance of 33.21 feet to a line distant 33.00 feet Northerly of, as measured at a right angle to and parallel with, the centerline of said County State Aid Highway No. 64; thence North 84 degrees 26 minutes 42 seconds East along said parallel line a distance of 257.61 feet to the Westerly right-of-way line of said Interstate Hwy. No. 35 and said line there terminating. Parcel D: All that part of Section 26, Township 114, Range 21 West, Dakota County, Minnesota, hereinafter described as follows: Commencing at the Southeast corner of the Northeast Quarter of said Section, Township, Range; thence North along the East line of said Northeast Quarter a distance of 24 rods; thence West parallel to the South line of said Northeast Quarter a distance of 16 rods; thence South parallel with the East line of said Northeast Quarter a distance of 24 rods; thence East along the South line of said Northeast Quarter a distance of 16 rods to the place of beginning. Page 72 of 223 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES January 4, 2024 Chair Majorowicz 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: Chair Jenna Majorowicz, Scott Einck, Pat Kaluza, Brooks Lillehei, Jason Swenson, Amanda Tinsley, Patti Zuzek Members Absent: Vice Chair Christine Zimmer, Ex-Officio Jeff Hanson Staff Present: Daryl Morey, Planning Director; Tina Goodroad, Community Development Director; Frank Dempsey, Associate Planner; Kris Jenson, Planning Manager; Tina Morrow, Recording Secretary 3.Approval of the Meeting Minutes The October 19, 2023 Planning Commission meeting minutes and the November 16 and December 7, 2023 Planning Commission work session minutes were approved as presented. 4.Announcements Planning Director Daryl Morey announced that due to the lack of agenda items, the January 18, 2024 Planning Commission meeting will be canceled provided none of the items on tonight’s agenda are tabled. 5.Ritter Meadows Chair Majorowicz opened the public hearing to consider the application of Ritter Meadows for a revised preliminary plat of 29 single family lots, 99 detached townhome (villa) lots, and 127 attached townhome units to be known as Ritter Meadows located north of 205th Street and west of I-35. Ben Schmidt with Twin Cities Land Development presented a brief overview of the project. Planner Director Daryl Morey presented the planning report. Mr. Morey stated the applicant have submitted a revised preliminary plat for Ritter Meadows, which proposes 255 dwelling units consisting of 29 single family lots, 99 detached townhome (villa) lots, and 127 attached townhome lots on land located north of 205th Street and west of I-35. The revised preliminary plat now includes the former 2.4-acre Dunham parcel located north of the existing 205th Street/Keokuk Avenue intersection. By incorporating this parcel into the preliminary plat, minor collector Keokuk Avenue can be constructed north of 205th Street with the first phase of the Ritter Meadows development. Page 73 of 223 Planning Commission Meeting Minutes, January 4, 2024 Page 2 Community Development Department staff recommends approval of the Ritter Meadows revised preliminary plat, subject to the ten stipulations listed in the December 28, 2023 planning report. Chair Majorowicz opened the hearing to the public for comment. Peter Thelen, 12119 Lucerne Trail Mr. Thelen expressed his concern regarding light pollution, deer losing their home, pedestrian crossing of 205th Street at Keokuk Avenue, and the dewatering of the Ritter Meadows development and how it can potentially affect the wetlands in the future. Richard Carron, 16618 Lynch Path Asked for the piezometer readings for the subject property. He discussed the grading permit application from 2017, that included excavating drainage ditches and dewatering. He questioned the restoration of the former gravel pit on the subject property. Motion was made by Swenson, seconded by Lillehei to close the public hearing at 6:20 p.m. Voice vote was taken on the motion. Ayes – unanimous. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Mr. Morey addressed street lighting for residential developments. The Zoning Ordinance requires downcast lighting to avoid any upward glare. Mr. Morey stated that Mr. Thelen and Mr. Carron raised similar concerns at the March 16, 2023 Planning Commission meeting for the original preliminary plat and staff and the Planning Commission adequately addressed those concerns. Any other engineering related questions should be directed to Zach Johnson, City Engineer. • Commissioner Lillehei recognized Daryl Morey, reflecting on his excellent career at the City of Lakeville. Motion was made by Kaluza, seconded by Einck to recommend to City Council approval of the Ritter Meadows revised preliminary plat subject to the following stipulations: 1. Street right-of-way dedication, sections construction plans, turn lane construction plans, and private drive construction plans shall be subject to review and approval of the City Engineer with the first phase final plat. 2. Trails: a. The developer shall be responsible for 100 percent of the cost of grading and restoration for trail construction. b. The developer shall be responsible for 5/8th of the cost of bituminous for construction of trails within the preliminary plat, except for the trail within Outlot A, which shall be reimbursed 100 percent by the City, including the waterway crossing. c. The developer shall dedicate a public trail easement over Lot 77, Block 8, subject to review and approval of the Parks and Recreation Director and City Engineer. Page 74 of 223 Planning Commission Meeting Minutes, January 4, 2024 Page 3 3. The developer shall obtain easements to allow for any grading that occurs outside of the plat boundaries. 4. All tree preservation, grading, utilities, stormwater management, drainage and utility easements, and retaining walls shall be subject to review and approval of the City Engineer. 5. Outlot A and Outlot B shall be deeded to the City for stormwater management purposes. 6. The landscape plan shall be subject to review and approval of the City Forester. 7. Outlot C shall be dedicated to the City for park purposes. The balance of required park dedication shall be satisfied as a cash fee in lieu of land calculated at the time of final plat approval. 8. Outlot D shall require future application for preliminary plat and final plat approval subject to the procedures established by Title 10 of the City Code and shall be subject to park dedication requirements at the time of preliminary plat and final plat approval. 9. Attached and detached townhouse dwelling units shall comply with the design and construction standards established by Section 11-57-19 and Section 11-58-21 of the Zoning Ordinance. 10. Keokuk Avenue shall be extended north of 205th Street with the first phase final plat subject to design review and approval by the City Engineer. Ayes: Zuzek, Kaluza, Lillehei, Majorowicz, Einck, Tinsley, Swenson Nays: 0 6. United Christian Academy Chair Majorowicz opened the public hearing to consider the application of United Christian Academy Foundation for the following, located on the north side of 215th Street, west of Keokuk Avenue: 1. Comprehensive Plan amendment to re-guide property from Commercial to Medium/High Density Residential, and 2. Zoning Map amendment to rezone property from C-3, General Commercial District to RM-2, Medium Density Residential District. Nick Sperides with Sperides Reiners Architects presented a brief overview of the request. Community Development Director Tina Goodroad presented the planning report. Ms. Goodroad stated the applicant has applied for a comprehensive plan amendment (CPA) to change the land use of a 10-acre parcel from Commercial to Medium/High Density Residential. The application also includes rezoning of the parcel from C-3, General Commercial District to RM-2, Medium Density Residential District. The comprehensive plan amendment and rezoning of the 10-acre parcel immediately adjacent to the west of the UCA property creates consistent land use and zoning designations for the entire school campus, including the athletic facilities. Adding the 10-acre parcel into the UCA project allows for a better design of the athletic fields. Community Development Department staff recommends approval of the Comprehensive Plan and Zoning Map amendment and approval of the Findings of Fact dated January 4, 2024: Chair Majorowicz opened the hearing to the public for comment. Page 75 of 223 City of Lakeville Planning Department Memorandum To: Planning Commission From: Daryl Morey, Planning Director Date: December 28, 2023 Subject: Packet Material for the January 4, 2024 Planning Commission Meeting Agenda Item: Ritter Meadows Revised Preliminary Plat INTRODUCTION TEG Land Holdings, LLC have submitted a revised preliminary plat for Ritter Meadows, which proposes 255 dwelling units consisting of 29 single family lots, 99 detached townhome (villa) lots, and 127 attached townhome lots on land located north of 205th Street and west of I-35. The original Ritter Meadows preliminary plat was approved by the City Council on May 1, 2023. The revised preliminary plat now includes the former 2.4 acre Dunham parcel located north of the existing 205th Street/Keokuk Avenue intersection. By incorporating this parcel into the preliminary plat, minor collector Keokuk Avenue can be constructed north of 205th Street with the first phase of the Ritter Meadows development. In addition, there is one fewer single family lot proposed in the northwest corner of revised preliminary plat and 200th Street will terminate as a temporary cul-de-sac. I have attached the March 9, 2023 TPC planning report (minus exhibits) for background on the original Ritter Meadows preliminary plat. EXHIBITS A. Location Map B. Preliminary Plat approved 5/1/23 C. Revised Preliminary Plat D. Revised Phasing Plan E. Revised Site Plan F. Revised Grading Plan G. Revised Landscape Plan H. 205th Street/Keokuk Avenue Turn Lane Plans (2 pages) Page 76 of 223 RECOMMENDATION The revised Ritter Meadows preliminary plat is an improvement over the approved preliminary plat with the inclusion of the 2.4-acre parcel and the extension of Keokuk Avenue with the first development phase. Planning Department recommends approval of the revised Ritter Meadows preliminary plat subject to the following conditions: 1. Street right-of-way dedication, sections construction plans, turn lane construction plans, and private drive construction plans shall be subject to review and approval of the City Engineer with the first phase final plat. 2. Trails: a. The developer shall be responsible for 100 percent of the cost of grading and restoration for trail construction. b. The developer shall be responsible for 5/8th of the cost of bituminous for construction of trails within the preliminary plat, except for the trail within Outlot A, which shall be reimbursed 100 percent by the City, including the waterway crossing. c. The developer shall dedicate a public trail easement over Lot 77, Block 8, subject to review and approval of the Parks and Recreation Director and City Engineer. 3. The developer shall obtain easements to allow for any grading that occurs outside of the plat boundaries. 4. All tree preservation, grading, utilities, stormwater management, drainage and utility easements, and retaining walls shall be subject to review and approval of the City Engineer. 5. Outlot A and Outlot B shall be deeded to the City for stormwater management purposes. 6. The landscape plan shall be subject to review and approval of the City Forester. 7. Outlot C shall be dedicated to the City for park purposes. The balance of required park dedication shall be satisfied as a cash fee in lieu of land calculated at the time of final plat approval. 8. Outlot D shall require future application for preliminary plat and final plat approval subject to the procedures established by Title 10 of the City Code and shall be subject to park dedication requirements at the time of preliminary plat and final plat approval. Page 77 of 223 9. Attached and detached townhouse dwelling units shall comply with the design and construction standards established by Section 11-57-19 and Section 11-58-21 of the Zoning Ordinance. 10. Keokuk Avenue shall be extended north of 205th Street with the first phase final plat subject to design review and approval by the City Engineer. Page 78 of 223 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Ritter Meadows Revised Preliminary Plat area KENRICK AVE205TH ST KEOKUK AVE207TH STKEYSTONE AVECity of Lakeville Location Map Ritter Meadows Preliminary Plat EXHIBIT A Page 79 of 223 • PROPERTY LINE LOT LINE R.O.W EASEMENT LINE FOUND IROII MONUMENT llfWN.'QENIOI.ITUIY&,IIEIIEtf'IBNEBHOWNfHU!I: I I ,-a 11 r--• _LJ �-L !lofna$1MO:ln _ _,........,e1oo;i....,..,,o.,_1n wknnoncltt1oH"llr1Qhlot,..y.,._,..--.,. 11,11_..,.,._ 0 50 100 200 �----I L=334.63' R=11275, 16' t.=1°42'02' __L_ • ---.- U) N u w V) LL Cl "' 3 V) L :r: f--- L 0 1 6 ALLIANT 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612,758.3080 www.alliant•inc.com ... � g w ::. IC w :, > Ill 0 Ill 5 5 � � 0 0 IL IL Q � >- >-� � IC IC ct ct ::. :i z z IC � i i w ::i ::i I= � w w ii: :l IC IC IL IL I h•r•bycutllythot this pion, sp•clll<:<1tlon, or reporl woo prepa.-.d by me or under my d!recloupe,.lolon ond lhotl �:ro����H,!t•nHd A\.'i.de N... , .. , JI.'<'''����� � "8'' �" ' � I fOB G l�on .. Ho. QUALITY ASSURANCE/CONTROL � --�IT -- DATE ISSUE 11/l/UCITTSUIMITIAL 1/26/2:SCITT RESUBMITTAL l/1/2lCITT IIESI.IBIIIITTAL l/9/UBIDSCT l�l/2:SSTOIIWWATER RDUBMITTAL I PROJECT TEAM DATA � DRAWN: M/JP/LJ/[L PROJECT HO: 222-0122 4 4 .,, 58 EXHIBIT B Page 80 of 223 EXHIBIT C Page 81 of 223 EXHIBIT D Page 82 of 223 EXHIBIT E Page 83 of 223 EXHIBIT F Page 84 of 223 EXHIBIT G Page 85 of 223 EXHIBIT H Page 86 of 223 Page 87 of 223 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht DATE: 9 March 2023 RE: Lakeville – Ritter Meadows; Preliminary Plat TPC FILE: 135.01 BACKGROUND TEG Land Holdings, LLC has submitted application for preliminary plat approval for seven undeveloped metes and bounds parcels totaling 298.93 acres located west of Interstate 35 (I-35) and north of 205th Street. The preliminary plat proposes development of 256 dwelling units consisting of 30 single family lots, 99 detached townhomes, and 127 row townhomes west of future Keokuk Avenue and north of 205th Street. The balance of the property is to be platted as five outlots and dedication of public right-of-way. A public hearing has been noticed for the Planning Commission meeting on 16 March 2023 to consider the preliminary plat application and vacation of existing easements. Exhibits: A. Site Location Map I. Utility Plan (5 sheets) B. Land Use Plan/Zoning Map J. Storm Sewer Plan (6 sheets) C. Phasing Plan K. Landscape Plan (6 sheets) D. Site Plan (6 sheets) L. Tree Preservation Plan (6 sheets) E. Preliminary Plat (6 sheets) M. Detached townhouse elevations F. Turn Lane Plans (2 sheets) N. Detached townhouse floor plans G. Existing Conditions Survey (2 sheets) O. Row townhouse elevations H. Grading/Erosion Control Plans (15 sheets) P. Row townhouse floor plans Page 88 of 223 2 ANALYSIS Comprehensive Plan. The north half of the property west of Keokuk Avenue is guided by the Comprehensive Plan for Low-to-Medium Density Residential land uses and is proposed to be developed with single family lots and detached townhouse dwellings. The Comprehensive Plan guides the south half of the property west of Keokuk Avenue for Medium Density Residential land uses. The preliminary plat proposes detached townhouse dwellings and row townhouse dwellings in the south area of the property west of Keokuk Avenue. The proposed residential land uses shown on the preliminary plat west of Keokuk Avenue are consistent with the development guided by the 2040 Land Use Plan for the respective land use categories. Outlot D located east of Keokuk Avenue is guided by the Comprehensive Plan for Commercial land uses by the Comprehensive Plan and is not proposed for development at this time. Outlot E located east of Keokuk Avenue is guided by the Comprehensive Plan for Medium-to- High Density Residential, High Density Residential, and Commercial land uses. Outlot E is also not proposed to be developed with the preliminary plat. Density. The preliminary plat proposes development of 256 dwelling units upon 65.37 gross acres net acres. The density of the preliminary plat is 3.9 dwelling units per acre, which is consistent with the minimum guided residential density of the Comprehensive Plan for the areas of the subject site being developed with the preliminary plat. Future development of Outlot D will be required to achieve the minimum residential densities guided by the Comprehensive Plan. MUSA. The subject site is within the current Municipal Urban Service Area (MUSA). Zoning. Corresponding to the 2040 Land Use Plan, the north half of the property west of Keokuk Avenue is zoned RST-2-, Single- and Two-Family Residential District and the south half of the property west of Keokuk Avenue is zoned RM-1, Medium Density Residential District. Single family and detached townhome dwellings are a permitted use within the RST-2 District. Detached townhome dwellings and row townhome dwellings with not more than six dwelling units per building are a permitted use within the RM-1 District. The proposed uses to be developed with the preliminary plat comply with those allowed by the Zoning Ordinance for the respective zoning districts. Outlot D is zoned C-3, General Commercial District. Future development of Outlot D will be required to conform to the allowed uses and standards of the C-3 District. Outlot E is zoned RM-2, Medium Density Residential District, RH-2, High Density Residential District and C-3, General Commercial District. Future development of Outlot E will be required to conform to the allowed uses and standards of the RM-2 District, RH-2 District, and C-3 District accordingly. Page 89 of 223 3 Surrounding Uses. The table below summarizes the existing and planned land uses surrounding the subject site: Direction MUSA Staging Land Use Plan Zoning Map Existing Use North Expansion Area B LMDR MHDR RST-2 District RM-2 District Undeveloped East NA NA NA I-35 South MUSA MHDR Commercial RM-1 District C-3 District Townhouses Commercial West MUSA Expansion Area B LDR RS-3 District RAO District River City Asphalt The area north of the 205th Street west of I-35, including the subject site and surrounding properties, is largely undeveloped as growth has occurred in other areas of Lakeville expanding in an orderly pattern to the west of I-35. The lands to the south, and a portion of the parcel to the west are included in the current Municipal Urban Service Area (MUSA). The balance of the area to the west and the properties to the north are included in MUSA Expansion Area B. For those properties within MUSA Expansion Area B, the expansion areas are designated by the Comprehensive Plan as future staging. Since the 1998 Comprehensive Plan, the dates attached to the MUSA Expansion Area designations have been defined as “not before” indicating that forecasted population, household, and employment growth together with land absorption projections would mean urban expansion would not include those areas before the year stated. The MUSA Staging Plan does not forecast that MUSA Expansion Area B will be eligible for development before 2028 based on the criteria established by the Comprehensive Plan for addition of developable parcels to the MUSA. The proposed development of the preliminary plat will be compatible with existing and planned commercial and residential land uses in the area. The areas abutting the subject site to the west and north are to remain rural until at least 2028 in accordance with the MUSA Staging Plan on an interim basis. The transition between the proposed preliminary plat and the abutting parcels within MUSA Expansion Area B is typical of that between a developing and pending developing area that will not result in long-term compatibility issues. EAW. The scope of the proposed development required processing of an Environmental Assessment Worksheet (EAW) in accordance with Minnesota Rules 4410.4300, Subp. 32. In accordance with Minnesota Rules 4410.1500, the EAW was completed and distributed to persons and agencies on the official Environmental Quality Board (EQB) distribution list and published on the City website. A notice of EAW availability was published in the EQB Monitor on 21 May 2022 initiating a 30-day public comment period that ended on 30 June 2022. The City Council adopted Findings of Fact that preparation of an Environmental Impact Statement is not required for the proposed development in accordance with Minnesota Rules 4410.1700, Subp 7. Page 90 of 223 4 Phasing Plan. The preliminary plat includes a proposed plan for buildout of the development in three phases: Phase 1 consists of construction of 80 townhouse dwellings within Blocks 8, 9, and 10 together with construction of Keokuk Avenue to north of 204th Street, and Kristine Drive between Keokuk Avenue and 205th Street. Phase 2 will consist of construction of 49 detached townhouse dwellings within Blocks 5, 6, 7, 8, and 9 and the remaining 47 row townhouse dwellings within Block 10 (96 total dwellings). Phase 3 includes the 30 single family lots within Blocks 1-4 and remaining 50 detached townhomes within Blocks 5 and 6, as well as completion of Keokuk Avenue to the north line of the preliminary plat. The phasing plan illustrates construction of Keokuk Avenue between 205th Street and Kristine Drive as Phase 4. Construction of this segment of Keokuk Avenue will require acquisition of land from the exception parcel surrounded on three sides by the subject site. No timeframe is proposed for development of Outlot D or Outlot E. Single Family Lot Requirements. The proposed single family lots within Blocks 1-4 comply with the following minimum lot requirements of the RST-2 District as established in Section 11-57- 15.A of the Zoning Ordinance: Corner Lot Interior Lot Min. Lot Area 10,200sf. 8,400sf. Min. Lot Width 85ft. 70ft. Max. Lot Cover 40% Setbacks Front 20ft. building/25ft. garage Side 7ft. Rear 30ft. Detached Townhouse Lot Requirements. The proposed detached townhomes are platted as unit and base lots with within Block 5 through 7; Lots 1-6, Block 8; and Lots 1-8, Block 9. The minimum lot area requirement for detached townhouse uses within the RST-2 District and RM-1 District is 5,000 square feet per dwelling unit for each base lot/unit lots in accordance with Section 11-57-13 and Section 11-58-15 of the Zoning Ordinance, respectively. The area of the proposed detached townhouse lots within each base lot as shown on the preliminary plat exceeds the minimum area required by the Zoning Ordinance. There is no minimum lot width requirement for detached townhomes within the RST-2 District and RM-1 District. Page 91 of 223 5 Setback requirements for detached townhouse buildings are established by Section 11-57-15.B.2 and 3 and Section 11-58-17.B.2 and 3 of the Zoning Ordinance for the RST-2 District and RM-1 District, respectively. The setbacks required by the Zoning Ordinance are shown on the preliminary plat and site plan and the proposed detached townhouse buildings comply. Base Lot Public Street Between Buildings 30ft. 20ft. building 25ft. garage 14ft. Townhouse Lot Requirements. The proposed row townhomes are platted as unit and base lots with within Lots 7-33, Lots 9-32, Block 9; and Lots 1-76, Block 10. Section 11-58-15 of the Zoning Ordinance requires that the preliminary plat provide each townhouse base lot and unit lots with a minimum of 5,000 square feet of lot area per dwelling unit. Each townhouse base lot within the preliminary plat the complies with the minimum lot area per unit requirement. Setback requirements for the townhouse buildings are set forth in Section 11-58-17.B.2 and 3 of the Zoning Ordinance, as well as the requirements for buffer yard lots established by Section 11- 21-9.E.1.c of the Zoning Ordinance for the townhouse unit lots abutting the 205th Street as a Major Collector roadway. The required setbacks are shown on the preliminary plat and all of the proposed townhouse buildings comply. Base Lot Public Street Between Buildings Private Drive Guest Parking 205th St. 30ft. 20ft. building 25ft. garage 20ft. 25ft. 15ft. 50ft. 205th Street. The subject site abuts 205th Street, which is designated by the Transportation Plan as a Major Collector street. Dedication of right-of-way for the north half of the 120 feet required by the Transportation Plan for 205th Street is shown on the preliminary plat and is subject review and approval of the City Engineer. Keystone Avenue and Kristine Drive provide two access locations from 205th Street for the preliminary plat with Phase 1. The Transportation Plan recommends a minimum distance of 660 feet between street intersections. Keystone Avenue within the preliminary plat aligns with existing Keystone Avenue south of 205th Street and is more than 660 feet west of existing Keokuk Avenue. Likewise, Kristine Drive is more than 660 feet east of existing Keokuk Avenue. The proposed locations of Keystone Avenue and Kristine Drive within the preliminary plat comply with the spacing recommendations of the Transportation Plan. Page 92 of 223 6 Intersection spacing between streets and private driveways is regulated by Section 11-19-7.I.6 of the Zoning Ordinance. A minimum of 220 feet is required between a private drive serving individual commercial or industrial uses from a local street, which is the functional classification of Keystone Avenue and Kristine Drive within the preliminary plat. The spacing of Keystone Avenue and Kristine Drive from existing private driveways also accessing 205th Street complies with the minimum distances required by the Zoning Ordinance. Plans for construction of turn lanes required to be constructed by the developer from 205th Street to Keystone Avenue and Kristine Drive for access to the proposed development have been submitted and are subject to review and approval of the City Engineer. Keokuk Avenue. Keokuk Avenue within the preliminary plat is designated as a Minor Collector street north of 205th Street by the Transportation Plan. The preliminary plat provides for dedication of right-of-way and construction of Keokuk Avenue within the subject site within an 80-foot right-of-way with a 36-foot-wide section. The right-of-way and design for Keokuk Avenue is subject to review and approval of the City Engineer. There are three local street intersections to the west side of Keokuk Avenue shown on the preliminary plat. All three of the proposed intersections are spaced more than 660 feet apart, including the Keokuk Avenue and Kristine Drive intersection north of 205th Street. Future access to Keokuk Avenue from Outlot D and Outlot E will be subject to the intersection spacing requirements for private drives regulated by Section 11-19-7.I.6 of the Zoning Ordinance. The submitted plans illustrate extension of Keokuk Avenue between 205th Street and Kristine Drive. City staff recommends that the proposed alignment of Keokuk Avenue between 205th Street and Kristine Drive be shifted as far west as possible in consideration of street design requirements and the existing intersection at 205th Street. The extension of Keokuk Avenue north of 205th Street crosses the exception parcel before entering the plat. Keokuk Avenue between 205th Street and Kristine Drive will not be needed for development of the preliminary plat with two accesses to 205th Street being available at Keystone Avenue and Kristine Drive. City staff recommends that the proposed right-of-way for Keokuk Avenue south of Kristine Drive be combined with Outlot D and be platted in the future if and when plans for Keokuk Avenue between 205th Street and Kristine Drive are established. City staff also recommends that the alignment of Keokuk Avenue south of Kristine Drive be shifted as far west as possible. Kristine Drive. Because the subject site is separated from the planned Keokuk Avenue and 205th Street intersection by an exception parcel not included in the preliminary plat, the developer is proposing construction of Kristine Drive east of Keokuk Avenue to 205th Street between Outlot D and Outlot E. The preliminary plat proposes Kristine Drive as a local residential street with a 60- foot right-of-way and 32-foot-wide section. Right-of-way dedication and construction plans for Kristine Drive is subject to review and approval of the City Engineer. Future access to Kristine Drive from Outlot D and Outlot E will be subject to the intersection spacing requirements for private drives regulated by Section 11-19-7.I.6 of the Zoning Ordinance. Page 93 of 223 7 Local Streets. The preliminary plat illustrates local streets north of 205th Street and west of Keokuk Avenue for access to the proposed single family lots, detached townhouse dwellings, and row townhouse dwellings. The preliminary plat illustrates that these streets are to be constructed within 60 feet of right-of-way and have a 32 foot wide section as required by Section 10-4-3.P of the Subdivision Ordinance. Local street right-of-way dedication and the street section designs and construction plans are subject to review and approval of the City Engineer. Section 10-4-3.S.2 of the Subdivision Ordinance limits permanent cul-de-sac streets to areas where topography or other physical site conditions warrant a permanent dead-end. The preliminary plat includes two cul-de-sac streets for the blocks separated by Outlot A, which encompasses an existing waterway and stormwater basins. The two cul-de-sacs comply with design standards specified by Section 10-4-3.S.3 of the Subdivision Ordinance requiring a minimum length of 150 feet, maximum length of 600 feet, and a turnaround with 60 foot radius for the right-of-way and 45 foot radius pavement section. Section 10-4-3.A of the Subdivision Ordinance requires that the preliminary plat provide for future connections to adjoining unsubdivided parcels. These future street connections are required to ensure adequate access for planned land uses, emergency and delivery vehicle access, and neighborhood connectivity between developments. The proposed preliminary plat includes reasonable connections for future streets with the undeveloped parcel to the west via 203rd Street and 204th Street. The phasing plan includes construction of 204th Street to the west plat line in Phase 2 and 203rd Street to the west plat line with Phase 3. The Subdivision Ordinance does not require that the street connections to the west be constructed with the first phase of development. Pedestrians. Section 10-4-3.H requires construction of concrete sidewalks on one side of local residential streets. The preliminary plat illustrates five-foot-wide sidewalks on one side of the local streets west of Keokuk Avenue. A sidewalk is also shown on the north side of Kristine Drive between Keokuk Avenue and 205th Street. Bituminous trails will be constructed along both sides of Keokuk Avenue, along the north side of 205th Street, within Lot 77, Block 10 south of Kristine Drive (connecting to 205th Street) and within Outlot A connecting 203rd Street to Keystone Court. The developer will be required to grant a trail easement to the city for the trail on Lot 77, Block 10. The developer will be responsible for 100 percent of the cost for grading and restoration for these trails. The developer will receive a credit to the final plat cash fees for the City’s 3/8th share (excluding grading and restoration) of the trail construction cost abutting the public streets. A trail is also proposed within Outlot A to provide pedestrian connectivity within the development and will require a bridge crossing the existing waterway. The developer will be responsible for 100 percent of the grading and restoration for this trail and the city will reimburse the developer 100 percent of the cost for the construction of the trail within Outlot A, including the waterway crossing. Page 94 of 223 8 Private Drives. The preliminary plat includes Kally Ridge Way as a private drive with two connections to public streets at Keystone Avenue and Kristine Drive to access the townhouse dwellings of Lots 30-76, Block 10 within the RM-1 District. The private drive is designed as 24 feet in width in accordance with the standards specified in Section 11-58-21.G.4 of the Zoning Ordinance and is subject to review and approval of the City Engineer. The private drive intersections with the local streets are setback a minimum of 90 feet from both 205th Street and Keokuk Avenue as required by Section 11-19-7.I.6 of the Zoning Ordinance. Section 11-58-21.H of the Zoning Ordinance requires that 0.5 off-street parking stalls be provided per row townhouse dwelling. Based on 127 row townhouse dwellings, 64 off-street parking stalls must be provided. The site plan illustrates a total of 64 guest parking stalls divided between 22 stalls in an off-street parking area accessed from Keystone Avenue and 42 head-in guest parking stalls off of Kally Ridge Way, south of Kristine Drive. Grading. The submitted plans include grading, tree preservation, erosion control, and stormwater management. The grading plan will preserve 22 percent of the significant trees inventoried within the subject site, although there is no minimum requirement to preserve trees. The grading plan illustrates grading beyond the boundaries of the plat on abutting property. The developer will be required to obtain easements for the off-site grading prior to approval of a final plat or the grading plans will need to be revised provide for all of the earth work and stormwater management within the boundaries of the plat. The grading plan also includes construction of privately owned and maintained retaining walls within the preliminary plat and are to be subject to review and approval of the City Engineer. Proposed storm basins are shown on the preliminary plat within outlots, which will be deeded to the city as required by Section 10-4-4 of the Subdivision Ordinance. All grading, drainage, stormwater management, retaining walls, tree preservation, and wetland issues are subject to review and approval of the City Engineer. Utilities. Plans for extension of sewer and water utilities to serve the proposed preliminary plat have been submitted. The utility plan provides for extension of sewer and water utilities to abutting properties to the west and north as required by the Sanitary Sewer Comprehensive Plan and Comprehensive Water System Plan. The Subdivision Ordinance does not require that utilities be extended to abutting properties with the first phase of construction. All utility plans are subject to and is subject to review and approval of the City Engineer. Easements. The preliminary plat provides for dedication of drainage and utility easements at the perimeter of all lots and over any utilities or drainageways not within public rights-of-way as required by Section 10-4-4 of the Subdivision Ordinance. The following existing easements within the subject site are to be vacated and replaced by those to be dedicated as shown on the preliminary plat: Page 95 of 223 9 Easement Grant to Minnesota Natural Gas Company for pipe line purposes as Document Number 404990 Rights of the City of Lakeville for roadway purposes as Document Number 453072 Easement in favor of Northern States Power Company as Document Number 397868 Easement in favor of Dakota County Electric Cooperative as Document Number 394481 Dedication of all drainage and utility easements are subject to review and approval of the City Engineer. Park Dedication. The 2015 Parks, Trails, and Open Space Plan identifies a need to acquire land from the area of the subject site for development of a neighborhood park. Park dedication has not been required from the existing parcels within the subject site. Section 10-4-8.I of the Subdivision Ordinance allows the City to require dedication of up to 14 percent of the net buildable area of the property west of Keokuk Avenue for public parks for the subdivision based on the planned density of the preliminary plat. Section 10-4-8.K of the Subdivision Ordinance provides that the City may, at its discretion, elect to receive a combination of cash, land, and development of the land in satisfaction of park dedication requirements. The total area the city may require to be dedicated for public parks within the preliminary plat is 10.38 acres. Parks and Recreation Department staff and Engineering Division staff provided direction to the developer to define a location, area, and configuration for land to be dedicated to the City with the preliminary plat. The preliminary plat provides for dedication of 2.84 acres of land for park purposes within Outlot C, on which a future neighborhood park is to be constructed by the City. The characteristics of the land to be dedicated to the city for a neighborhood park is consistent with land acquired from the Legacy and Summerlyn subdivisions and is accessible by trail for the neighborhood and surrounding areas. Legacy and Summerlyn neighborhood parks, as well as the larger parks at North Creek and Pinnacle Reserve, have the same amenities including play containers with various structures, shelters, court games, and open field play areas. There is sufficient area within Outlot C of the preliminary plat to accommodate these same amenities consistent with the City’s current neighborhood park facility development practices. Specific facilities development of the future park will be determined with neighborhood input. The proposed dedication satisfies an estimated 27.36% or 70.04 lots of the required park dedication for the preliminary plat development west of Keokuk Avenue. The park dedication requirement for the remaining 72.64% or 185.96 lots for the area west of Keokuk Avenue will be required to be paid with cash with the future phase final plats. Outlot D and Outlot E are to be subject to park dedication requirements separately as determined at the time of preliminary plat and final plat approval for each outlot. Satisfaction of park dedication requirements is to be subject to review of the Parks, Recreation, and Natural Resources Committee and approval of the City Council. Page 96 of 223 10 Landscaping. A landscape plan has been submitted with the preliminary plat application to address the requirements of Section 11-21-9 of the Zoning Ordinance. The landscape plan complies with the following requirements subject to review and approval of the City Forester at the time of final plat approval: Two trees are to be planted for each single family lot, one of which must be within the front yard. A planting schedule meeting the requirements of Section 11-57-19.G of the Zoning Ordinance for detached townhouse unit and base lots. A planting schedule meeting the requirements of Section 11-58-21.I of the Zoning Ordinance for row townhouse unit and base lots. Buffer yard landscaping meeting the requirements of Section 11-21-9.E.5 of the Zoning Ordinance for yards abutting 205th Street (in addition to the requirements of Section 11- 58-21.I of the Zoning Ordinance). Building Requirements. Building plans for detached townhouse dwellings and row townhouse dwellings have been submitted regarding compliance with the following provisions: Detached townhouses and row townhouses are subject to the exterior materials established by Section 11-57-19.B.3 and Section 11-58-21.B.3 of the Zoning Ordinance, respectively, which will be subject to review and approval of the Zoning Administrator at the time a building permit is issued. Detached townhouses and row townhouses must provide for a two-car attached garage meeting the requirements of Section 11-57-19.C and Section 11-58-21.C of the Zoning Ordinance, respectively. The submitted floor plans indicate that the detached townhouses and row townhouse dwellings each have a two-car attached garage that comply with the respective floor area requirements for dwellings with and without basements. Outlots. The preliminary plat includes five outlots: Outlot Purpose Ownership A, B Stormwater basin Deed to City C Park Dedicate to City D Future commercial development Retained by developer E Future townhouse/multiple family development Future commercial development Page 97 of 223 11 Development of Outlots D and E will require future applications for preliminary plant and final plat approval. The City will, at that time, be able to evaluate the ability of infrastructure constructed with this preliminary plat to accommodate development of the outlots. This evaluation will include a determination by the City if construction of Keokuk Avenue north of 205th Street through the exception parcel is required before one or both of the outlots can be developed based on the criteria established by Section 10-2-5 of the Subdivision Ordinance. CONCLUSION The proposed Ritter Meadows preliminary plat is consistent with the Comprehensive Plan regarding proposed land use, transportation, utilities, and stormwater management. Furthermore, the preliminary plat complies with the requirements of the Zoning Ordinance and Subdivision Ordinance. Our office and City staff recommend approval of the preliminary plat application and vacation requests subject to the following conditions: 1. Street right-of-way dedication, sections construction plans, turn lane construction plans, and private drive construction plans shall be subject to review and approval of the City Engineer. 2. The preliminary plat shall be revised to include the proposed public right-of-way for Keokuk Avenue south of Kristine Drive within the area of Outlot D. 3. Trails: a. The developer shall be responsible for 100 percent of the cost of grading and restoration for trail construction. b. The developer shall be responsible for 5/8th of the cost of bituminous for construction of trails within the preliminary plat, except for the trail within Outlot A, which shall be reimbursed 100 percent by the City, including the waterway crossing. c. The developer shall dedicate a public trail easement over Lot 77, Block 10, subject to review and approval of the Parks and Recreation Director and City Engineer. 4. Prior to application for final plat approval the developer shall obtain easements to allow for grading outside of the plat boundaries or the grading plan shall be revised such that all grading occur within the boundaries of the plat. 5. All tree preservation, grading, drainage, stormwater management, retaining walls shall be subject to review and approval of the City Engineer. 6. Outlot A and Outlot B shall be deeded to the City for stormwater management purposes. 7. The landscape plan shall be subject to review and approval of the City Forester and City Engineer. Page 98 of 223 12 8. All utility plans shall be subject to review and approval of the City Engineer. 9. Dedication of drainage and utility easements shall be subject to review and approval of the City Engineer. 10. Outlot C shall be dedicated to the City for park purposes. The balance of required park dedication shall be satisfied as a cash fee in lieu of land calculated at the time of final plat approval. 11. Outlot D and Outlot E shall require future application for preliminary plat and final plat approval subject to the procedures established by Title 10 of the City Code. 12. Outlot D and Outlot E shall be subject to park dedication requirements at the time of preliminary plat and final plat approval. 13. Detached townhouse and townhouse dwelling units shall comply with the design and construction standards established by Section 11-57-19 and Section 11-58-21 of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. c. Justin Miller, City Administrator John Hennen, Parks and Recreation Director Tina Goodroad, Community Development Director Alex Jordan, Assistant City Engineer Andrea McDowell-Poehler, City Attorney Page 99 of 223 Date: 1/16/2024 Police Department Building Automation Retrofit Project Phase 1 Proposed Action Staff recommends adoption of the following motion: Move to approve contract with SCR to retrofit the building automation system. Overview The police department's building automation system has components that are no longer supported. Staff recommends upgrading the obsolete INET controllers to BACnet IP controllers. The staff received one quote from the city's building automation contractor to procure, install and program new controllers. SCR was the only contractor solicited because of software programming and continuity of services. Supporting Information 1. INET Upgrade_Contract_ SCR Financial Impact: $67,500.00 Budgeted: Yes Source: Building Fund 4017.6540 Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Tom Breeggemann Facilities Supervisor Page 100 of 223 1 209971 AGREEMENT AGREEMENT made this 16th day of January 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and SCR ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 2.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.Contractor Verification Form (Exhibit A) C.Contractor’s Proposal dated December 7th 2023 (Exhibit B) 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. SCOPE OF SERVICES. The Contractor shall provide the goods, services, and perform the work set forth in the Contract Documents. The Contractor agrees to retrofit existing obsolete INET hardware in the Lakeville Police Station. (the “Work”). Contractor shall provide all personnel, supervision, services, materials, tools, equipment, and supplies and do all things necessary and ancillary. 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. 3. COMPENSATION. Contractor shall be paid by the City for the Work in accordance with the fee schedule attached in the Contractor’s Proposal which is inclusive of reimbursable expenses. The City is sales tax exempt. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 4.COMPLETION DATE. The Work must be completed by December 31st 2024. 5.PROMPT PAYMENT TO SUBCONTRACTORS. A.Pursuant to Minnesota Statute §471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one- half percent (1½ %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid Page 101 of 223 2 209971 balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. B.Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires that the City of Burnsville 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. 6.RIGHTS AND REMEDIES. A.The duties and obligations imposed by the Contract Documents, and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B.No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 7.CONDITION/INSPECTION/REMEDY. A.Services shall be subject to inspection by the City. B.Defective work shall be removed and replaced, or satisfactorily repaired. 8.CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the fee schedule provided in the Contractor’s Proposal or negotiated between the parties based on similar work provided in the Proposal. 9.UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 10.DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. Page 102 of 223 3 209971 11.COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 12.STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 13.CONTRACTOR’S REPRESENTATIONS. A.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. B.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. C.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 o ther terms and conditions of the Contract Documents. D.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. E.Subcontracts: (1)Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2)The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3)The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. (4)The Contractor shall bind every subcontractor by the terms of the Contract Documents. Page 103 of 223 4 209971 14.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. 15.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 Professional Liability $1,000,000 with a deductible maximum of $125,000. 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 shall, prior to commencing the Services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The Page 104 of 223 5 209971 Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. All insurance policies (or riders) required by this Agreement shall be (i) Taken out by the Contractor 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 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. (iii) Shall name Contractor as an insured party and City as an additional insured with respect to General Liability, Auto Liability, and umbrella policies on a primary and non-contributory basis, (iv) Shall be in accordance with specifications approved by the insurance advisory for City, and (v) Shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the City. Certificates of Insurance that do not meet these requirements will not be accepted. Certificates of Insurance shall include the policy endorsements showing the City named as additional insured on a primary and non-contributory basis. 16. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 17. 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 Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent 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 $100 or more is $10. Page 105 of 223 6 209971 18.ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19.WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 20.ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 21.CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 22.COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 23.RECORDS. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. 24.MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 25.TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in this Agreement. Page 106 of 223 Page 107 of 223 Page 108 of 223 Page 109 of 223 Page 110 of 223 Page 111 of 223 Page 112 of 223 December 7, 2023 City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Attention: Tom Breeggemann Regarding: Lakeville Police Department remaining INET hardware retrofit pricing – 2024 Q1 (Phase 1). This proposal contains pricing to retrofit the following existing obsolete INET hardware in the Lakeville Police Department: Upper-Level Mechanical Room 1.AHU-1 – 7718 PCU 2.AHU-2 – 7718 PCU 3.Boilers/Chiller – 7718 PCU Lower-Level Mechanical Room 1.AHU-3 – 7718 PCU 2.AHU-3 VAVs – 7798 MCI 3.18 – MR-VAV Controllers 4.2 – MR-88 Controllers 5.Smoke Control Panel – 7797 ICI Proposal Includes: 1.Removal of existing obsolete controllers. 2.All necessary BACnet IP controllers to replace obsolete INET controllers. 3.New private CAT5E BACnet IP fieldbus network pulled to all controller locations. 4.Necessary IP network infrastructure for private IP fieldbus. Total Price: $67,500.00 **Notes: 1.This proposal excludes the following: a.Overtime work (all work to be performed during normal business hours Mon-Fri). b.Repair labor, parts, or materials for any existing controls that are to remain for reuse. c.Repairs to existing BMS other than included in scope of work. d.Provisions and installation of work outside this scope of work. 2.All options include: a.Labor to install, program, and commission listed items. b.One-year material and 90-day labor warranty on all supplied parts and labor. 3.Prices good for 90 days. Thank you for the opportunity to supply you with a bid on this project. Please call with any questions regarding this proposal. Sincerely, Jeff Hanson SCR Southern Division 2531 N Victory Dr, Suite 200 Mankato, MN 56001 CENTRAL | METRO DIVISION 604 Lincoln Ave. NE St. Cloud, MN 56304 toll free 800-827-1642 office 320-251-6861 fax 320-251-9390 NORTHERN DIVISION 7674 College Road, Ste 115 Baxter, MN 56425 office 218-828-4337 fax 218-825-4966 SOUTHERN DIVISION 6131 Rome Cir NW Ste A Rochester, MN 55901 office 507-535-7954 fax 507-424-1825 2531 N Victory Dr, Ste 200 Mankato, MN 56001 office 507-345-8425 fax 507-387-3208 scr-mn.com Services REFRIGERATION HVAC SERVICE BUILDING AUTOMATION FOOD SERVICE Exhibit B Page 113 of 223 Date: 1/16/2024 Fire Station 4 Dorm Room Remodel Project Proposed Action Staff recommends adoption of the following motion: Move to approve contract with Met-Con Companies for the remodel of Fire Station 4. Overview The fire department is adding six full-time firefighters. The firefighters will be staffed 24hrs a day and need adequate sleeping and living quarters to comply with best practices. Staff met with architects to develop a design to meet some of the needs in the short term until further renovation can be completed. Staff solicited bids, and received eight bids ranging in cost from $185,000.00 to $240,000.00. Staff recommends approving the apparent low bid contractor Met- Con Companies for a base bid of $185,000.00. Staff is also requesting the approval of bid alt #5 to add card access to entry doors into the living quarters to keep area properly secured at an additional cost of $4,000.00. There has been $124,000 from Public Safety Aid the city received earmarked for this project, a budget amendment will be submitted in the future for any adjustments needed. Supporting Information 1. A101-2017 - Contract- Met-Con 2. Bid Tabulation Results Financial Impact: $189,000.00 Budgeted: Yes Source: Public Safety Aid with Amendment in the Future Envision Lakeville Community Values: Good Value for Public Services Safety throughout the Community Report Completed by: Tom Breeggemann Facilities Supervisor Page 114 of 223 SixteenthPage 115 of 223 Page 116 of 223 Page 117 of 223 Page 118 of 223 Page 119 of 223 Page 120 of 223 Page 121 of 223 Page 122 of 223 CNH# 23051 Lakeville Fire Station #4 - Dorm Remodel 12/15/2023 ©CNH Architects, Ltd. Lakeville, MN 1 DRAWING SHEETS AND SCHEDULES 00 01 15 DOCUMENT 00 01 15 – LIST OF DRAWING SHEETS AND SCHEDULES Drawing Index A1 General Information A2 Code Review Summary A3 Demolition Plan A4 Floor Plan A5 Floor Plan - Enlarged Remodel Area A6 Interior Finish Plans A7 Schedules, Frame & Window Types A8 Interior Elevations A9 Interior Details M0.1 Mechanical Title Sheet M1.1 First Floor Plan - Plumbing Demolition M1.2 First Floor Plan - Mechanical Demolition M2.0 Underfloor Plan - Plumbing M2.1 First Floor Plan - Plumbing M3.1 First Floor Plan - HVAC M4.1 Roof Plan - Mechanical M5.1 Mechanical Schedules & Details E0.1Electrical Title Sheet E1.1First Floor Plan - Electrical Demolition E2.1First Floor Plan - Lighting E3.1First Floor Plan - Power E4.1First Floor Plan - Systems E5.1Electrical Schedules E6.1Electrical Details END OF SECTION 00 01 15 Exhibit A Page 123 of 223 CNH# 23051 Lakeville Fire Station #4 - Dorm Remodel 12/15/2023 ©CNH Architects, Ltd. Lakeville, MN TABLE OF CONTENTS Division Section Title Pages PROCUREMENT AND CONTRACTING DOCUMENTS GROUP DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS 000101 TITLE AND CERTIFICATION 1 000115 DRAWING SHEETS AND SCHEDULES 1 001117 ADVERTISEMENT FOR BIDS 1 004113 BID FORM 2 004173 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE 7 005213 AGREEMENT FORM - STIPULATED SUM (SINGLE PRIME) 1 007213 GENERAL CONDITIONS - STIPULATED SUM (SINGLE PRIME) 1 007300 SUPPLEMENTARY CONDITIONS - STIPULATED SUM (SINGLE PRIME) 3 SPECIFICATIONS GROUP General Requirements Subgroup DIVISION 01 - GENERAL REQUIREMENTS 011000 SUMMARY 4 012100 ALTERNATES 1 012600 CONTRACT MODIFICATION PROCEDURES 2 012900 PAYMENT PROCEDURES 3 013300 SUBMITTAL PROCEDURES 8 014000 QUALITY REQUIREMENTS 7 015000 TEMPORARY FACILITIES AND CONTROLS 7 017300 EXECUTION 7 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 2 017700 CLOSEOUT PROCEDURES 5 Facility Construction Subgroup DIVISION 02 - EXISTING CONDITIONS 024119 SELECTIVE DEMOLITION 5 DIVISION 03 - CONCRETE 033053 MISCELLANEOUS CAST-IN-PLACE CONCRETE 8 DIVISION 04 - MASONRY 042000 UNIT MASONRY 10 DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES 061053 MISCELLANEOUS ROUGH CARPENTRY 5 064116 PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS 8 066400 PLASTIC PANELING 3 Exhibit B Page 124 of 223 CNH# 23051 Lakeville Fire Station #4 - Dorm Remodel 12/15/2023 ©CNH Architects, Ltd. Lakeville, MN DIVISION 07 - THERMAL AND MOISTURE PROTECTION 079200 JOINT SEALANTS 6 DIVISION 08 - OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES 7 081416 FLUSH WOOD DOORS 7 083113 ACCESS DOORS AND FRAMES 4 085200 CASEMENT WINDOWS 5 087100 DOOR HARDWARE 8 088300 MIRRORS 5 DIVISION 09 - FINISHES 092216 NON-STRUCTURAL METAL FRAMING 6 092900 GYPSUM BOARD 7 093000 TILING 7 095113 ACOUSTICAL PANEL CEILINGS 8 096513 RESILIENT BASE AND ACCESSORIES 3 096725 EPOXY FLOOR COATING SYSTEM 4 096813 TILE CARPETING 6 099123 INTERIOR PAINTING 8 099300 STAINING AND TRANSPARENT FINISHING 4 DIVISION 10 - SPECIALTIES 101423.13 ROOM-IDENTIFICATION SIGNAGE 4 102800 TOILET, BATH, AND LAUNDRY ACCESSORIES 4 DIVISION 12 - FURNISHINGS 122414 ROLLER WINDOW SHADES - MANUAL 5 123623.13 PLASTIC-LAMINATE-CLAD COUNTERTOPS 5 123661.16 SOLID SURFACING COUNTERTOPS 4 END OF TABLE OF CONTENTS Page 125 of 223 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 (952) 431-4433Project:Lakeville Fire Station #4 Dorm RemodelCNH No:23051Bid Date:1/5/2024Brennan Construction Greystone Construction Jorgenson Construction DPGMinneapolis, MN Shakopee, MN Coon Rapids, MNBase Bid$189,400.00 $223,655.00 $224,900.00 $109,900.00Alternate #1 Add all millwork except for kitchen island $11,500.00 $7,568.00 $8,500.00 $10,700.00Alternate #2 Add kitchen island countertop $4,100.00 $1,733.00 $13,500.00 $3,700.00Alternate #3 Add solid surface countertops in lieu of plastic $4,500.00 $6,615.00 $8,500.00 $4,900.00Alternate #4 Add recessed lights in dorm rooms in lieu of $5,650.00 $3,878.00 $8,000.00 $1,350.00Alternate #5 Add card readers where indicated$3,490.00 $2,998.00 $6,800.00 $6,900.00Bid Bond Yes Yes Yes YesResponsible Contractor FormYes Yes Yes YesAddendum #1 Yes Yes Yes YesAddendum #2 Yes No Yes NoAdditional CommentsArrived 2 minutes late, discrepency in base bid numbersBID RESULT TABULATIONGeneral ContractorsPage 126 of 223 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 (952) 431-4433Project:Lakeville Fire Station #4 Dorm RemodelCNH No:23051Bid Date:1/5/2024Met-Con Companies, Inc DerauSchreiber Mulaney ConstructionVersaconFaribault, MN St. Paul, MN Minneapolis, MNBase Bid$185,000.00 $207,300.00 $240,000.00 $208,000.00Alternate #1 Add all millwork except for kitchen island $13,700.00 $10,800.00 $8,820.00 $12,332.00Alternate #2 Add kitchen island countertop $9,700.00 $6,500.00 $13,800.00 $10,434.00Alternate #3 Add solid surface countertops in lieu of plastic $8,400.00 $5,500.00 $11,125.00 $11,864.00Alternate #4 Add recessed lights in dorm rooms in lieu of $4,600.00 $4,800.00 $4,840.00 $5,936.00Alternate #5 Add card readers where indicated$4,000.00 $10,300.00 $5,300.00 $4,953.00Bid Bond Yes Yes Yes YesResponsible Contractor FormYes Yes Yes YesAddendum #1 Yes Yes Yes YesAddendum #2 Yes Yes Yes YesAdditional CommentsBID RESULT TABULATION - ContinuedGeneral ContractorsPage 127 of 223 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 (952) 431-4433Project:Lakeville Fire Station #4 Dorm RemodelCNH No:23051Bid Date:1/5/2024Weber Consulting AssociatesNorth St. Paul, MNBase Bid$217,000.00Alternate #1 Add all millwork except for kitchen island $29,850.00Alternate #2 Add kitchen island countertop $8,400.00Alternate #3 Add solid surface countertops in lieu of plastic $6,100.00Alternate #4 Add recessed lights in dorm rooms in lieu of $4,650.00Alternate #5 Add card readers where indicated$10,700.00Bid Bond YesResponsible Contractor FormYesAddendum #1 YesAddendum #2 YesAdditional CommentsBID RESULT TABULATION - ContinuedGeneral ContractorsPage 128 of 223 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 (952) 431-4433Project: Lakeville Fire Station #4 Dorm RemodelCNH No: 23051 Bid Date: 1/5/2024Base BidBase Bid + All AlternatesBase Bid + Alt 1 & Alt 4 Base Bid + Alt 1 Base Bid + Alt 5Brennan Construction$189,400.00 $218,640.00 $206,550.00 $200,900.00 $192,890Greystone Construction$223,655.00 $246,447.00 $235,101.00 $231,223.00 $226,653Jorgenson Construction$224,900.00 $270,200.00 $241,400.00 $233,400.00 $231,700DPG$109,900.00$137,450.00$121,950.00$120,600.00$116,800Met-Con Companies, Inc$185,000.00 $225,400.00 $203,300.00 $198,700.00 $189,000Derau $207,300.00 $245,200.00 $222,900.00 $218,100.00 $217,600Schreiber Mulaney Construction$240,000.00 $283,885.00 $253,660.00 $248,820.00 $245,300Versacon $208,000.00 $253,519.00 $226,268.00 $220,332.00 $212,953Weber Consulting Associates$217,000.00 $276,700.00 $251,500.00 $246,850.00 $227,700BID RESULT TABULATION - ContinuedPage 129 of 223 Date: 1/16/2024 WSB Supplemental Agreement for Professional Services Rough Fish Management on East Lake Proposed Action Staff recommends adoption of the following motion: Move to approve WSB supplemental agreement for professional services for rough fish assessment and management on East Lake, City Project 23-58. Overview The City and Vermillion River Watershed Joint Powers Organization (VRWJPO) are partnering to research and manage the rough fish population on East Lake to improve water quality and fish habitat. A deterrence system to prevent rough fish from entering the lake was installed in 2023. The next steps in the management plan is to update rough fish population estimates, remove existing rough fish (carp and goldfish), administer associated permitting requirements and complete necessary data collection and documentation. The City and VRWJPO entered into a Joint Powers Agreement that establishes City and VRWJPO project responsibilities and costs on February 21, 2023. Project funding is through a $300,000 Clean Water Fund grant, with grant match requirements shared evenly between the City and VRWJPO. WSB's supplemental agreement includes the scope of services and estimated cost to complete rough fish assessment and management services on East Lake, and is subject to the Master Services Agreement dated September 2021. Supporting Information 1. WSB Proposal - 2024 East Lake Carp and Goldfish Management 2. Lakeville VRWJPO East Lake Fish Barrier JPA Financial Impact: $29,809 Budgeted: Yes Source: Utility Fund - Environmental Resources Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Kelly Perrine, Environmental Resources Specialist Page 130 of 223 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management December 5, 2023 Kelly Perrine Environmental Resources Specialist City Of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: Proposal for Carp and Goldfish Assessment and Management in East Lake Dear Ms. Perrine: Thank you for the opportunity to provide this proposal to work collaboratively with the City of Lakeville and the Vermillion River Watershed Joint Powers Organization to expand on studies and surveys dating back to 2017. This proposal encompasses both an updated population estimate as well as carp and goldfish removal efforts in order to improve water quality in the lake. WSB staff have a combined 46 years of experience in rough fish research and management. This research and management experience includes over 4,000 hours of high and low frequency radio telemetry surveys, surgical implants on over 500 individual carp, goldfish and northern pike, removal of over 1,000,000 pounds of carp and goldfish biomass, age structure removal, preparation, and interpretation, aerial telemetry surveys, PIT tagging and PIT tag station construction, boat, barge, and backpack electrofishing, as well as baited box, fyke, mini-trap, gill, and seine netting. In addition to our years of developing carp management tools, WSB has been at the forefront of goldfish research and management since 2020 with multi-year focused projects with the Carver County WMO in Chaska, Nine Mile Creek WD, City of Edina, City of Eagan, as well as on the largest inland lake in California. Our methods are specialized for the conditions in East Lake and our experience is extensive in managing the logistics of goldfish and carp infestations. WSB staff have designed carp and goldfish integrated pest management plans and drafted carp management plans for the Nine Mile Creek Watershed District, Prior Lake Spring Lake Watershed District, Grand Lake St Mary Restoration Commission (Celina, OH), Minneapolis Park and Recreation Board, Shell Rock River Watershed District (Albert Lea, MN) and Circle Lake - Lake Improvement District (Millersburg, MN), among others. In 2019 WSB added the services of FisH2o, a fisheries logistics company, that specializes in the transportation and sustainable use of live rough fish from roughly 36 inland commercial fishing crews across the Midwest. This provides us unequaled access to commercial fishing crews and the ability to time and prioritize our clients’ projects for large scale rough fish removal. Our projects span the upper Midwest and include the states of Minnesota, Wisconsin, Illinois, Nebraska, and Ohio. We have also recently expanded to California and North Carolina. If you agree with the following proposal, please notify me and a contract will be provided for signature. Thank you for the opportunity to be considered for this service offering. If you have any questions or concerns, please contact me by phone at 612-271-8472 or email at jwein@wsbeng.com. Page 131 of 223 Kelly Perrine December 5, 2023 Page 2 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COMBackground from East Lake Carp Assessment (2018) and Movement Study (2019) Studies conducted to estimate the population of common carp (carp) in East Lake in 2018 and 2019 concluded that the biomass density was likely above the target of 100 kg/ha or below (155 and 215 kg/ha respectively). Although the estimate could have been inflated due to the timing of the surveys in 2019, it is still expected that carp are damaging to the desired water quality and ecological balance in East Lake. Furthermore, a movement study using passive integrated transponders (PIT) implanted in a sample of live carp in East Lake and a downstream antenna showed that more than half (54%) of the tagged carp were detected to have left the lake at least once. This fact shows that a barrier was needed to prevent a fluctuating population of carp that would be nearly impossible to manage sustainably. Since this study, an electric barrier has been installed to prevent movement into and out of the lake. It has therefore been recommended that investment in removals of the remaining carp be investigated. Goldfish have also been identified to be abundant in East Lake. Invasive goldfish were recently added to the Minnesota Aquatic Invasive Species Research Center (MAISRC) priority list for investigation. It is likely that they are being released into lakes around the Twin Cities metro area which could be contributing to their spread. These goldfish are likely also negatively impacting water quality and a desired ecological balance to the lake. Both species are known to have foraging behaviors that disturb the lake sediments and release phosphorous that has settled on the lake bottom. Aquatic vegetation that is needed to solidify the lake bottom, hold nutrients in the sediment, and provide habitat for native fish are also likely unable to become established due to elevated carp and goldfish biomass. At this point, it is unclear what the current population and biomass density is for carp in East Lake. It is important to understand this before removals commence, especially since the barrier installation will likely keep their numbers static. The goldfish population will also need to be estimated by a species-specific relationship found to be effective for goldfish as compared to carp. The following is a detailed scope of work (SOW) describing the tasks and associated costs for updating the estimate for both carp and goldfish populations, as well as incorporating multiple strategies to reducing both species’ abundance that are efficient and cost-effective. Page 132 of 223 Kelly Perrine December 5, 2023 Page 3 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COMApproach and Scope ACTIONS TO UPDATE POPULATION ESTIMATES AND REDUCE ADULT CARP AND GOLDFISH POPULATIONS METHODS Task 1: Permitting WSB would arrange all permitting required to conduct surveys and removals in East Lake. This would require compliance with carp harvesting statutes and proper disposal methods compliant with MnDNR Fisheries Research permits. WSB would contact the local licensed fisherman to inform them of the plan of action for their approval. Task 2: Electrofishing surveys WSB would conduct boat electrofishing survey in the methods of Bajer and Sorensen (2012). At least three transects of approximately 20 minutes around the shoreline would be conducted for each survey day. Three survey days would be required at least one week apart to meet the guidelines of the carp estimation relationship based on catch per unit effort (CPUE). All cyprinid species would be netted and held in a live well. While on board, each carp and goldfish would be enumerated, and measured for length and weight. Goldfish and carp captured during electrofishing would be euthanized and disposed of according to MNDNR permit requirements. Task 3: Fish removals Carp and goldfish tend to move in groups during cool water seasons. Goldfish can be seen in some locations numbering 50,000 or more soon after ice out along shorelines (Figure 1). In addition, carp have been found to group up near waterways in preparation to migrate to spawning areas in the spring. With the newly installed electric barrier, it is possible to see large groups of fish in a small area that can be targeted. The results of radiotelemetry surveys and PIT tag antennas suggest 50% or more of the carp population may be attempting to pass through this area. If those fish intend to leave East Lake via the culvert the outlets to the downstream wetland, those culverts could be blocked temporarily Figure 1: Goldfish aggregated near the mouth of a stream in Chaska in Spring Page 133 of 223 Kelly Perrine December 5, 2023 Page 4 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COMto prevent their passage. WSB would install a small-mesh block net in early spring across the culvert located within the polygon in Figure 2. The City of Lakeville would be responsible for monitoring the block net for any significant water flow blockage or alteration. The City would also be responsible for removing the block net in the event of significant blockage. WSB holds the City harmless for damage to the block net that will cover the culvert but will work in good faith to use best judgement to remove the barrier if damage becomes likely due to environmental conditions i.e. floating debris, inclement weather. This temporary net barrier could create an aggregation of carp near the culvert. The block and shock method would involve quietly dropping a block net around an aggregation to prevent escape using a jon boat. Following block net deployment, using a combination of boat electrofishing and backpack electrofishing, carp and goldfish would be immobilized and scooped into a floating receptacle or container on shore for disposal. This block and shock method has been found to be successful in Carver County and Eagan lakes with goldfish infestations. For illustration, Figure 2 shows the expanse of a 200-foot block net around the barrier where fish may be aggregated in the spring. The installation and maintenance of this block net would be the responsibility of the City of Lakeville to prevent any issue with decrease in flow to the wetland. Our scope includes 2-3 efforts with this approach. If there turns out to be no opportunity to deploy the block and shock method, the time budgeted for those efforts would be put toward additional box net removals. In 2021, WSB pioneered a technique found to be successful in small water bodies with common carp to determine efficacy with goldfish. A modified baited-box-net trap (Figure 3), one with a mesh size appropriate for goldfish instead of adult carp, was deployed. A box net trap refers to a mesh net that lays on the lake bottom with attached walls around the outside. These walls were attached to vertical metal pipes that extended above the water surface. The walls were attached to ropes that were run to shore and when the ropes were pulled in, the walls quickly rose above the surface trapping the fish within the trap area inside. The fish were corralled to a corner and rolled into a holding tank. This trap was also tested in a small lake with adult and young of year (YOY) carp approximately 6 inches in length. They were effective at catching all sizes of carp equally (over 1,000 in first trap Figure 2: The proposed block net area to hold aggregated carp and goldfish in place while electrofishing. Page 134 of 223 Kelly Perrine December 5, 2023 Page 5 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COMpull). Therefore, using the small mesh nets gives the best chances of capturing both problematic cyprinid species in East Lake. In 2023, this method was expanded using 4 such traps over the summer. After all lifts had been completed, post removal goldfish CPUE during electrofishing surveys was reduced by 53% compared to pre removal electrofishing surveys. Since then, our method has become more refined and efficient. A simple examination of lake bottom and bathymetry (Figure 4) shows several appropriate areas to install the traps in East Lake. The trap is optimized in moderately firm substrate in the area that the net lays and a water depth of 2-4 feet. Both conditions are found in East Lake, particularly on the western side. These traps would be baited daily by WSB cracked corn as well as in mesh laundry bags. This species-specific bait attracts and trains the carp and goldfish to return to the baited area every day and can aggregate densely within the trap area. We propose to use this method using up to 4 small mesh box net traps (20’ X 40’) used simultaneously around East Lake. In addition, traditional carp box net traps can be deployed with larger mesh size and can cover more area (30’ X 60’). These traps would be installed and approximately 5-8 removal events would occur depending on catch rates. We would measure a sample of both carp and goldfish from each trap and determine the efficiency of capture. A total weight would also be reported. Carp would be counted individually, and goldfish would be estimated based on subsampling methodology. All carp and goldfish would be removed from the lake and taken daily to an off-site disposal site for burial. Task 4: Data analysis and Reporting Figure 3: Modified carp box net trap appropriate for capturing carp and goldfish. Page 135 of 223 Kelly Perrine December 5, 2023 Page 6 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COMFollowing all field tasks, collected data will be compiled and analyzed. Deliverables will include an updated population and biomass estimate for carp in East Lake. Since a scientifically accepted method of estimating goldfish in lakes of this size are yet to be published, electrofishing CPUE rates before removal efforts and after will be used to estimate the proportion of goldfish remaining as well as pounds remaining. WSB will also provide an updated size structure for both species, notes on non-target species seen during electrofishing as well as bycatch in box nets, population and mass metrics on carp and goldfish removed, and what is remaining to meet management goals. Finally, the report will reflect on lessons learned and recommendations for the efforts in 2025 to achieve the best results. Page 136 of 223 Kelly Perrine December 5, 2023 Page 7 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COMFigure 4: Bathymetric map of East Lake Page 137 of 223 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management Project Schedule 2024 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberTask 1: Permitting and Project Management Task 2: Electrofishing surveys for population estimates Task 3: Carp and goldfish removal efforts Task 4: Data analysis and reporting Project Budget 2024 East Lake: Carp and Goldfish Population Assessment and Reduction Expenses Sr. Environmental Scientist Environmental Scientist Intern Line item total Hourly rate $135 $126 $100 Task 1: Permitting 8 $1,080 Task 2: Electrofishing surveys for population estimates $500 24 24 $6,764 Task 3: Carp and goldfish removal efforts $4,500 55 20 50 $19,445 Task 4: Data analysis and reporting 20 $2,520 Overall Project total $29,809 Page 138 of 223 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management If you have any questions and would like to discuss further, please email me at jwein@wsbeng.com or call me at (612) 271-8472. Sincerely, WSB Jordan Wein Senior Environmental Scientist Page 139 of 223 Kelly Perrine December 5, 2023 Page 10 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COMACCEPTANCE This letter represents our entire understanding of the project scope. All work under this letter proposal will be governed by the Master Agreement for Professional Engineering Services entered into between the City of Lakeville and WSB on September 20, 2021. If the scope and fee appear to be appropriate, please sign on the space provided and return one copy to our office. We are available to begin work once we receive signed authorization. WSB Signature lines Tony Havranek, Director of Fisheries: Date: I hereby authorize WSB to proceed with the above-referenced work under the terms and conditions of the Master Agreement for Professional Engineering Services entered into between the City of Lakeville and WSB on September 20, 2021. By: _____________________________________ Name: ___________________________________ Title: ___________________________________ Date: ____________________________________ Page 140 of 223 JOINT POWERS AGREEMENT FOR THE EAST LAKE ROUGH FISH BARRIER AND ROUGH FISH REMOVALS PROJECT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE CITY PROJECT 23-58 WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers Board (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. § 103B.211 to 103B.255 and as otherwise provided by law; and WHEREAS, the City of Lakeville (City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, East Lake is a recreational lake within the Vermillion River Watershed; and WHEREAS, East Lake is identified on the EPA’s 303d Impaired Waters List for excess nutrients, namely phosphorus; and WHEREAS, release of phosphorus from the lake bottom sediment is a contributor to the water quality problems; and WHEREAS, rough fish like carp and goldfish are present in the lake and their aggressive bottom feeding results in additional phosphorus release from the lake bottom sediments; and WHEREAS, restoration strategies in the WRAPS report identify the need for fish barriers and rough fish removals; and WHEREAS, blocking movement of rough fish to their spawning areas and limiting fish recruitment while also removing rough fish from East Lake will result in improved water quality; and WHEREAS, a fish barrier and fisheries management were identified in the Vermillion River Watershed Management Plan’s Implementation Section; and WHEREAS, a rough fish barrier and subsequent rough fish removals (Project) will be completed to address the water quality problem; and WHEREAS, the estimated Project cost is $375,000; and WHEREAS, the VRWJPO was awarded a $300,000 Clean Water Fund (Grant) from the Minnesota Board of Water and Soil Resources (BWSR) for the barrier portion of the project; and WHEREAS, the Grant has a minimum match requirement equal to 25% of the amount of Grant monies received, either in the form of cash or in-kind services; and WHEREAS, the City and VRWJPO have included cash match of at least 25% of the Grant amount used for Project costs in their Capital Improvement Plan and will participate in rough fish removals or the installation and construction of the fish barrier after applying Grant monies; and WHEREAS, the VRWJPO, and as a result of this Joint Powers Agreement, the City will follow all applicable BWSR Grant policies and requirements that are relevant to each party. Page 141 of 223 2 NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement, the VRWJPO and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the Project responsibilities and Project cost-sharing obligations of the VRWJPO and the City. ARTICLE 2 PARTIES The parties to this Agreement are the VRWJPO and the City. ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2025, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The VRWJPO and City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 TECHNICAL AND QUALITY ASSURANCE The VRWJPO and City or their representatives will provide technical and quality assurance for the rough fish barrier portion of the Project. Any engineer providing technical and quality assurance on earthwork for the barrier must be a licensed Professional Engineer in the State of Minnesota. Earthwork for the barrier will be designed using appropriate practice standards for design, construction, operation, and maintenance. Appropriate practice standards from the United States Department of Agriculture’s Natural Resources Conservation Service Field Office Technical Guide, Minnesota Stormwater Manual, or other scientifically appropriate and applicable standards can be used. I f v egetative practices are needed as part of earthwork, they must follow the BWSR Board adopted Native Vegetation Establishment and Enhancement Guidelines. An engineer must be licensed in the State of Minnesota if they provide technical and quality assurance specific to the rough fish barrier. If an engineer is not used for technical and quality assurance, the installer providing technical and quality assurance must have previously documented experience with the installation, operation, and maintenance of the barrier; or must be an employee of the barrier manufacturer and have experience with the installation, operation, and maintenance of the barrier. The Engineer and/or barrier installer providing technical and quality assurance will certify that the barrier was installed or constructed in accordance with the applicable plans and specifications, including approved modifications, prior to authorization for payment by the VRWJPO. An as-built plan set will be provided to the VRWJPO by the Engineer and/or installer immediately following barrier completion as part of the required Project certification. Rough fish removals will be performed by a commercial fisherman licensed and approved for fish removals for this portion of the State. Page 142 of 223 3 ARTICLE 6 PROJECT PLANS AND SPECIFICATIONS The City is the lead agency for design and construction administration of the barrier portion of the Project, effective upon execution of this Agreement by both parties. The VRWJPO and City shall approve the plans and specifications (Barrier Plans) prior to advertising for bids. The City is the lead agency for implementation of the rough fish removals. ARTICLE 7 PAYMENT 7.1 The City will administer the contracts and act as the paying agent for all payments to the contractor(s). 7.2 The Grant will reimburse activities up to $300,000 related to the engineering, permitting, bidding, installation, construction of the barrier (City eligible). 7.3 The Grant has a match requirement to the amount of monies received. The match shall be provided by the City and the VRWJPO in the amount of up to $75,000 in cash match. The match will be evenly split between organizations with each providing up to $37,500 that will pay for rough fish removals and/or barrier construction. The VRWJPO’s portion of its match will be conveyed to the City for Project implementation. 7.4 The VRWJPO will contribute in-kind Grant administration services for the project. 7.5 The City’s maximum eligible reimbursement is up to $337,500. 7.6 No payment shall be made prior to approval of the Barrier Plans by both the VRWJPO and City. 7.7 The VRWJPO shall pay the City for engineering and construction costs on a reimbursement basis. Under the terms of the Grant, the VRWJPO will receive funds in the following disbursements: (a) 50% after execution of the Grant; (b) 40% after the first 50% has been expended and Grant reporting requirements are met; and (c) 10% after final Grant requirements are met. The VRWJPO will make progress payments to the City, if requested, on a reimbursement basis, contingent upon the VRWJPO’s receipt of adequate Grant disbursements to make City requested payments. Ten percent (10%) of the Agreement maximum shall be withheld until the VRWJPO has verified that the barrier has been installed in accordance with this Agreement and the Barrier Plans. All requests for payment shall be supported by itemized Project receipts and invoices determined by the VRWJPO to be practical and reasonable for completion of the Project. 7.8 The VRWJPO may refuse to pay claims not specifically authorized by this Agreement. Payment of a claim shall not preclude the VRWJPO from questioning the propriety of the claim. The VRWJPO reserves the right to be repaid for any overpayment or disallowed claim. 7.9 All services provided by the VRWJPO under the BWSR Grant Agreement, attached and incorporated herein as Exhibit 1, and services provided by the City to the VRWJPO through this Joint Powers Agreement must be performed to the State’s satisfaction, as set forth in Exhibit 1 and in the BWSR approved work plan. ARTICLE 8 CITY OBLIGATIONS 8.1 AUTHORIZED PURPOSE. The funds provided under the terms of this Agreement may only be used by the City for the payment of costs directly related to the Project. 8.2 CONSTRUCTION REQUIREMENTS. The barrier shall be constructed in accordance with the Barrier Plans. The VRWJPO and City shall approve any modifications to the Barrier Plans. Page 143 of 223 4 8.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the barrier shall be addressed in the contracts with the construction firm or professional services firm. 8.4 RIGHT-OF-ENTRY. The City hereby permits the VRWJPO, its employees, duly authorized representatives and agents to enter upon and have rights of ingress and egress over and access at reasonable times to the real property where the Project will be located for the purpose of inspecting the construction or implementation of the Project. 8.5 OPERATION AND MAINTENANCE. Dakota County will be responsible for the for on-going maintenance of the barrier through a separate agreement with the City and VRWJPO upon completion for a minimum of 10 years unless necessitated by a failure due to Acts of God or Force majeure. 8.6 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations in constructing or implementing the Project, including obtaining all necessary permits to construct or implement the Project. 8.7 PUBLICITY. The City hereby permits the VRWJPO to take and disclose photographs of the Project for use in publications or promotional material or on its website to highlight the VRWJPO’s programs. The City shall appropriately acknowledge the funding provided by the VRWJPO, the State of Minnesota, and the Clean Water, Land, and Legacy Amendment in any promotional materials, signage, reports, publications, notices, and presentations related to the Project. This section shall survive the expiration or termination of this Agreement. ARTICLE 9 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the VRWJPO and the City. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. This section shall survive the expiration or termination of this Agreement. ARTICLE 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or an amendment of this Agreement: TO THE VRWJPO TO THE CITY Mike Slavik, Chair, or successor Justin Miller, City Administrator, or successor Vermillion River Watershed JPO City of Lakevile 14955 Galaxie Avenue 20195 Holyoke Avenue Apple Valley, MN 55124 Lakeville, MN 55044 Telephone: (952) 891-7030 Telephone: (952) 985-4400 In addition, notification to the VRWJPO regarding termination of this Agreement by the City shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. Page 144 of 223 5 10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO and the City. The VRWJPO and the City shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: VRWJPO Liaison City Liaison Travis Thiel McKenzie Cafferty Senior Environmental Specialist Environmental Resources Manager Telephone: (952) 891-7546 Telephone: (952) 985-4520 Email: travis.thiel@co.dakota.mn.us Email: mcafferty@lakevillemn.gov ARTICLE 11 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties’ respective Boards, or as delegated by the parties’ respective Boards, and signed by the Authorized Representatives, or delegated authority, of the VRWJPO and the City. ARTICLE 12 TERMINATION 12.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving 30 days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. This Agreement may also be terminated by the City in the event of a default by the VRWJPO. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 12.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the VRWJPO may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if it’s funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. The VRWJPO is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. The VRWJPO will pay for expenses incurred by the City up to Notice of Termination of work on the Project. ARTICLE 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the expiration or termination of this Agreement. ARTICLE 14 MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. Page 145 of 223 6 ARTICLE 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ARTICLE 16 GOVERNMENT DATA PRACTICES The City and the VRWJPO must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained, or disseminated under this Agreement. The civil remedies of Minn.Stat. § 13.08 apply to the release of the data referred to in this clause by either the City or the VRWJPO. ARTICLE 17 SURVIVABILITY The provisions of articles 8.3 (Construction and Design Failures), 8.5 (Operation and Maintenance), 9 Indemnification) and 16 (Government Data Practices) survive the expiration or termination of this Agreement. ARTICLE 18 DEFAULT: FORCE MAJEURE Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war fire, flood epidemic, acts of civil or military authority, and natural disasters. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF LAKEVILLE By: Luke Hellier, or successor Mayor Date of Signature By: Ann Orlofsky City Clerk Date of Signature Approved as to form: VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION s/ G. Paul Beaumaster 2/9/23 Assistant County Attorney/Date By: KS-23-20 Mike Slavik, or successor VRW Resolution No. Chair Date of Signature 02/21/2023 02/21/2023 Page 146 of 223 Page 1 of 5 FY 2023 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES CLEAN WATER FUND COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT Vendor:0000197289 PO#:3000015661 This Grant Agreement is between the State of Minnesota,acting through its Board of Water and Soil Resources Board) and Vermillion River Watershed JPO,1431 Erickson Drive Hastings Minnesota 55033 Grantee). Fiscal Agent:Dakota County This agreement is for the following grant(s): C23 5405 FY23 CWF East Lake Rough Fish Barrier Project 300,000 Total Grant Awarded:300,000 1.The Laws of Minnesota 2021,1st Special Session,Chapter 1,Article 2,Sec.6(b),j),p)appropriated Clean Water Funds CWF)to the Board for the FY22/23 Clean Water Fund Projects Practices,Multipurpose Drainage Management,and Soil Health Grants. 2.The Board adopted the FY23 Clean Water Fund Competitive Grant Policy and authorized the FY23 Clean Water Fund Competitive Grants Program through Board Order 22 31. 3.The Board adopted Board Order 22 55 to allocate funds for the FY23 Clean Water Fund Competitive Grants Program. 4.The Grantee has submitted a Board approved work plan for this Program,which is incorporated into this Grant Agreement by reference. 5.The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the satisfaction of the Board. 6.As a condition of the grant,Grantee agrees to minimize administration costs. Authorized Representative The State’s Authorized Representative is James Adkinson,Grants Coordinator,BWSR,520 Lafayette Road North,Saint Paul,MN 55155,651 539 2588,or his successor,and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee’s Authorized Representative is:Mike Slavik,Chair Vermillion River Watershed Joint Powers Organization 1590 Highway 55 Hastings,MN 55033 2343 651)438 4427 If the Grantee’s Authorized Representative changes at any time during this Grant Agreement,the Grantees must immediately notify the Board. Grant Agreement 1.Terms of the Grant Agreement. 1.1. Effective date:The date the Board obtains all required signatures under Minn.Stat.16B.98,Subd.5.The Board will notify the Grantee when this Grant Agreement has been executed.The Grantee must not begin work under this Grant Agreement until it is executed. 1.2. Expiration date:December 31,2025,or until all obligations have been satisfactorily fulfilled,whichever comes first. Exhibit 1 Page 147 of 223 Page 2 of 5 1.3. Survival of Terms:The following clauses survive the expiration date or cancellation of this Grant Agreement:7.Liability;8. State Audits;9.Government Data Practices;11.Publicity and Endorsement;12.Governing Law,Jurisdiction,and Venue; 14.Data Disclosure;and 19.Intellectual Property Rights. 2. Grantee’s Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn.Stat 16B.97,Subd.4(a)(1).The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation:The Grantee will implement their work plan,which is incorporated into this Grant Agreement by reference. 2.2. Reporting:All data and information provided in a Grantee’s report shall be considered public. 2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of Program implementation by the Grantee.Information provided must conform to the requirements and formats set by the Board.All individual grants over 500, 000 will also require a reporting expenditure by June 30 of each year. 2.2.2. The Grantee will prominently display on its website the Clean Water Legacy Logo and a link to the Legislative Coordinating Commission website. 2.2.3. Final Progress Report:The Grantee will submit a final progress report to the Board by February 1,2026 or within 30 days of completion of the project,whichever occurs sooner.Information provided must conform to the requirements and formats set by the Board. 2.3. Match:The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan. 3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement.In the performance of this Grant Agreement,time is of the essence. 4. Terms of Payment. 4.1. Funds will be distributed in three installments per grant:1)The first payment of 50%will be distributed after the execution of the Grant Agreement.2)The second payment of 40%will be distributed after the first payment of 50%has been expended and reporting requirements have been met.An eLINK Interim Financial Report that summarizes expenditures of the first 50%must be signed by the Grantee and approved by the Board.Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification.3)The third payment of 10%will be distributed after the grant has been fully expended and reporting requirements are met.The final,10% payment must be requested within 30 days of the expiration date of the Grant Agreement.An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the Grantee and approved by the Board. 4.2. All costs must be incurred within the grant period. 4.3. All incurred costs must be paid before the amount of unspent funds is determined.Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.4. The obligation of the State under this Grant Agreement will not exceed the amount listed above. 4.5. This Grant Agreement includes an advance payment of 50%of each grant’s total amount per grant.Advance payments allow the Grantee to have adequate operating capital for start up costs,ensure their financial commitment to landowners and contractors,and to better schedule work into the future. 5. Conditions of Payment. 5.1. All services provided by the Grantee under this Grant Agreement must be performed to the Board’s satisfaction,as set forth in this Grant Agreement and in the Board approved work plan for this Program.Compliance will be determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal,State,and local laws, policies,ordinances,rules,FY23 Clean Water Fund Competitive Grant Policy,and regulations.The Grantee will not receive payment for work found by the Board to be unsatisfactory or performed in violation of federal,State or local law. 5.2. Minnesota Statutes 103C.401 2018)establishes the Board’s obligation to assure program compliance.If the noncompliance is severe,or if work under the Grant Agreement is found by the Board to be unsatisfactory or performed in violation of federal,State,or local law,the Board has the authority to require the repayment of grant funds or withhold payment on grants from other programs. 6. Assignment,Amendments,and Waiver 6.1. Assignment.The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the Board and a fully executed Assignment Agreement,executed and approved by the same parties who executed and approved this Grant Agreement,or their successors in office. Page 148 of 223 Page 3 of 5 6.2. Amendments.Any amendments to this Grant Agreement must be in writing and will not be effective until it has been approved and executed by the same parties who approved and executed the original Grant Agreement,or their successors in office.Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments thereto. 6.3. Waiver.If the Board fails to enforce any provision of this Grant Agreement,that failure does not waive the provision or its right to enforce it. 7. Liability. The Grantee must indemnify,save,and hold the State,its agents,and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State,arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees.This clause will not be construed to bar any legal remedies the Grantee may have for the State’s failure to fulfill its obligations under this Grant Agreement. 8. State Audits. Under Minn.Stat.16B.98,Subd.8,the Grantee’s books,records,documents,and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Grant Agreement,receipt and approval of all final reports,or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books,records,documents,accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant,may be examined at any time by the Board or Board’s designee and are subject to verification.The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act,Minn.Stat.Ch.13,as it applies to all data provided by the State under this Grant Agreement,and as it applies to all data created,collected,received,stored,used, maintained,or disseminated by the Grantee under this Grant Agreement.The civil remedies of Minn.Stat.13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10. Workers’Compensation. The Grantee certifies that it is in compliance with Minn.Stat.176.181,Subd.2,pertaining to workers’compensation insurance coverage.The Grantee’s employees and agents will not be considered State employees.Any claims that may arise under the Minnesota Workers’Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 11. Publicity and Endorsement. 11.1. Publicity.Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency.For purposes of this provision,publicity includes notices,informational pamphlets,press releases,research, reports,signs,and similar public notices prepared by or for the Grantee individually or jointly with others,or any subcontractors,with respect to the program,publications,or services provided resulting from this Grant Agreement. 11.2. Endorsement.The Grantee must not claim that the State endorses its products or services 12. Governing Law,Jurisdiction,and Venue. Minnesota law,without regard to its choice of law provisions,governs this Grant Agreement.Venue for all legal proceedings out of this Grant Agreement,or its breach,must be in the appropriate State or federal court with competent jurisdiction in Ramsey County,Minnesota. 13. Termination. 13.1. The Board may cancel this Grant Agreement at any time,with or without cause,upon 30 days’written notice to the Grantee.Upon termination,the Grantee will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed. 13.2. In the event of a lawsuit,an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 13.3. The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with the provisions of this Grant Agreement,that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled.The Board may take action to protect the interests of the State of Page 149 of 223 Page 4 of 5 Minnesota,including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14. Data Disclosure. Under Minn.Stat.270C.65,Subd.3,and other applicable law,the Grantee consents to disclosure of its social security number, federal employer tax identification number,and/or Minnesota tax identification number,already provided to the State,to federal and State tax agencies and State personnel involved in the payment of State obligations.These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities,if any. 15. Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of 25,000 or more,prevailing wage rules apply per Minn.Stat.177.41 through 177.44.All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those prevailing on projects of a character similar in the locality.Bid requests must state the project is subject to prevailing wage. 16. Municipal Contracting Law. Per Minn.Stat.471.345,grantees that are municipalities as defined in Subd.1 of this statute must follow the Uniform Municipal Contracting Law.Supporting documentation of the bidding process utilized to contract services must be included in the Grantee’s financial records,including support documentation justifying a single/sole source bid,if applicable. 17. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean Water Funds to supplement traditional sources of funding. 18. Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010, Chapter 361,Article 3,Section 5(b)for Clean Water Fund projects. 19. Intellectual Property Rights. The State owns all rights,title,and interest in all of the intellectual property rights,including copyrights,patents,trade secrets, trademarks,and service marks in the Works and Documents created and paid for under this grant.Works means all inventions, improvements,discoveries,whether or not patentable),databases,computer programs,reports,notes,studies,photographs, negatives,designs,drawings,specifications,materials,tapes,and disks conceived,reduced to practice,created or originated by the Grantee,its employees,agents,and subcontractors,either individually or jointly with others in the performance of this grant.Work includes Documents.” Documents are the originals of any databases,computer programs,reports,notes,studies, photographs,negatives,designs,drawings,specifications,materials,tapes,disks,or other materials,whether in tangible or electronic forms,prepared by the Grantee,its employees,agents or subcontractors,in the performance of this grant.The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request.To the extent possible,those Works eligible for copyright protection under the United State Copyright Act will be deemed to be works made for hire.”The Grantee assigns all right,title,and interest it may have in the Works and the Documents to the State.The Grantee must,at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. Page 150 of 223 Page 5 of 5 IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Vermillion River Watershed JPO Board of Water and Soil Resources By:By: print) signature) Title:Title: Date:Date: Approved as to form: s/ G. Paul Beaumaster 2/9/23 Assistant County Attorney/Date KS-23-66 Page 151 of 223 Date: 1/16/2024 Professional Services Agreement with NFP Proposed Action Staff recommends adoption of the following motion: Move to approve extending the professional services agreement between the City of Lakeville and NFP Corporate Services (MN), Inc. Overview The City of Lakeville has been fortunate to partner with NFP Corporate Services (MN), Inc. as its Benefits Consultant/Agent/Broker of Record since 2005. NFP has consistently provided outstanding service, including valuable financial consulting and support in developing the City's strategic benefits plan. In accordance with the Professional Services RFP schedule, the City was originally scheduled to complete a Request for Proposal (RFP) for a Benefits Consultant/Broker of Record in the spring of 2024. However, due to staff transitions and the ongoing ERP project, we are recommending extending the current agreement with NFP through February 28, 2025. By postponing the RFP process, we can avoid potential disruptions to benefits administration during a period of staff changes. We can also minimize disruption to the ERP project. Extending the current agreement with NFP will help to ensure that the benefits administration process continues to run smoothly while the ERP project is completed. Staff is recommending that the City Council approve the extension of the current agreement with NFP through February 28, 2025. This will allow the City to focus on the staff transitions and the ERP project while ensuring that we continue to provide high-quality benefits administration to our employees. Moving forward, staff will develop a detailed plan for the RFP process to be completed in 2025. Supporting Information 1. 2024_NFP_Professional_Service_Agreement 2. 2024 NFP Lakeville Service Agreement Eng Letter Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Tammy Schutta, Human Resources Manager Page 152 of 223 Page 153 of 223 Page 154 of 223 Page 155 of 223 Page 156 of 223 December 21st, 2023 Ms. Tammy Schutta City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Dear Tammy: The following outlines the type of services NFP provides to City of Lakeville relative to your Employee benefit plans (health, dental, life, disability, voluntary vision, FSA, HSA, HRA, Apprize & COBRA). Strategic Plan NFP provides financial consulting and support to assist City of Lakeville with development of a strategic benefits plan, including: • Perform separate analysis of each employee benefit plan to determine efficiency and integration. • Review insurance plan designs and claims experience, as needed, for each benefit. • Analyze competitiveness of plan positioning, taking into account plan design, employee choice, and both employer and employee costs. • Recommend plan design and financial funding alternatives based on analysis and strategic objectives. • Assist in preparation of budget projections. • Work with City of Lakeville to establish a renewal strategy encompassing all the components of a cost effective, high quality benefit plan for the upcoming, and future, benefit renewals. Compliance NFP provides compliance services that are critical to managing your benefit plans, including: • Assist Human Resources staff with compliance related issues through training seminars, newsletters and correspondence. • Review industry, legislative and regulatory developments and consultative recommendations relating to employee benefits. • Provide consultation on employee relations issues, as needed. • Grant access to NFP’s online human resources library of explanations and analysis of laws, trends and developments in benefits and related areas. • Offer ten hours of legal services annually with an attorney named by NFP. • NFP will pay for the cost of COBRA administration provided by BRI. • Assist in resolving issues associated with the Flexible Spending Account, Health Reimbursement Arrangement, and Health Savings Account provided by WEX. Page 157 of 223 2 Renewal and Plan Service NFP provides full carrier management services critical to the renewal process and maintenance of your benefit plans. It is our understanding that the objective is to provide a high level of benefits to City of Lakeville and to keep these benefits within current and future budgets. NFP employs our proprietary benefits management process to help City of Lakeville anticipate cost increases and proactively implement cost containment measures, including: • Negotiate with each carrier on renewals. • Manage the proposal process to ensure competitive programs and pricing. • Recommend plan design alternatives to best manage costs and offer a competitive benefits package for employees. • Secure attractive financial alternatives. • Negotiate rate guarantees and caps with the carriers, if available. • Resolve escalated and non-standard carrier issues, including assistance with irreconcilable claims, enrollment and billing concerns. • Improve access to claims reporting through our Decision Master Report powered by Zywave once a year, if needed. Employee Communication/Technology NFP provides assistance to City of Lakeville in designing and delivering an employee communications strategy that aligns with your strategic benefit initiatives. Deliverables may include: • Conduct/review employee surveys to provide objective and subjective feedback to management, if applicable. • Develop and continuously review effective communication methods to educate City of Lakeville employees on their benefits package and the strategic benefit objectives. • Conduct employee education meetings related to the City of Lakeville health & welfare benefits. • Apprize Technology – NFP will pay the administrative fees for the City of Lakeville. • Access to HRConnection City of Lakeville Support NFP may require the assistance of City of Lakeville personnel, including: • Management’s input on City of Lakeville strategic benefit objectives – short-, mid- and long-term. • Direction on management objectives related to the adoption of the various plans. • Communications strategy input and support. • Support in obtaining benefit plan claims data. • Confidential census information for renewal purposes. Page 158 of 223 3 NFP Scope of Services Employee Benefit Plan Assessment and Management (Consulting, Planning, Implementation) Typical Frequency Fee Structure Develop and Manage Strategic Project Plan for Employee Benefit Program Annually Included Create Custom and Interactive Client Portal via NFP Connect Annually Included Formal RFP Market Evaluation with Carriers and/or Partners Annually Included Formulate and Share Renewal Recommendations with Contribution Modeling and Plan Design Analysis Annually Included Review of Finalized Contracts and Plan Documents Annually Included Benefit Implementation Assistance Oversight and Testing of TPA, Point Solutions, and/or Ben Admin Partners As Needed Included Facilitation of Carrier Data Feed Connections (if applicable) N/A Included Coordinate and Prepare Open Enrollment Materials, including Carrier Benefit Summaries and ID Card Delivery Annually Included Facilitate Enrollment Process with NFP Connect Landing Page Annually Included Strategic Planning Meetings to Review and Measure Program Objectives Annually Included Compliance, Administration and Client Advocacy Typical Frequency Fee Structure Benefit Compliance and Legislative Resources, Including alerts regarding new federal benefit laws and regulations Ongoing Included Plan Document and Summary Plan Description, Spending Account documents are prepared by that vendor Annually Guidance Included, Additional Fees Apply for Document Preparation Employer Customer Service and Executive Support Ongoing Included Vendor Performance and Accountability Ongoing Included Best Practice Training(s) for Employee Benefit Administration Ongoing Included Vendor Management and Carrier Mediation Ongoing Included Claim Escalation Assistance for Members Ongoing Included Communications, Wellbeing and Engagement T ypical Frequency Fee Structure Strategic Historian of Benefit Program Ongoing Included Customized Interactive NFP Connect Client Portal Ongoing Included Industry News and National Expertise Updates Ongoing Included Communication Strategy, Including year-round access to digital platform, open enrollment and new hire support Ongoing Included Development of Annual Enrollment Education/Mid-year education if applicable Ongoing Included Annual Compliance Notice Consulting and Templates Ongoing Included Secure File Transmission for PHI and Plan Documents Ongoing Included Mental Fitness, Thought leadership, and Employee solutions Ongoing Included Carrier and/or Community Resource Assistance Ongoing Included Employee Engagement and Benefit Satisfaction Surveys Ongoing Included Wellness Program, Vendor Evaluation and Selection Guidance Ongoing Included Page 159 of 223 4 NFP Scope of Services Continued Analytics, Actuarial and Technology Services Typical Frequency Fee Structure Industry Benchmarking Report Annually Included Fully-insured vs. Self-funded Analysis As Needed Included Benefit Administration Technology Evaluation and Guidance As Needed Additional Fees May Apply Payroll / HR Outsourcing Guidance, Access to NFP Discounts As Needed Additional Fees May Apply Service Agreement Our compensation for all of these services is based on the Professional Service Agreement dated March, 1, 2024. City of Lakeville agrees that NFP will remain the broker of record with all insurance companies for the entire contract periods between City of Lakeville and said companies. If for some reason, other than Cause, NFP is not the broker of record with the companies, we agree to pay NFP for the balance of the compensation not yet received through the end of the contract period. Either party may terminate this agreement with 60 days advance written notice delivered to the party with “Cause.” Cause shall be defined as (i) the failure to perform any material term of this Agreement, or (ii) material dishonesty in the performance of services under this Agreement. The parties hereby acknowledge that the services described above, which are provided by NFP under the letter agreement, “do not relate to an employee benefit plan” in the context of Section 514 of ERISA. In addition to the standard commissions received for the services provided to you, we or our affiliates may earn additional compensation for our role in providing certain products and services to you under separate contracts with insurance companies and group benefits providers. These providers may pay us or our affiliate’s contingent compensation upon satisfaction of factors such as volume, persistency or profitability of the business placed. If the foregoing is in accordance with your understanding, please sign and return to us the duplicate copy of this letter. Sincerely yours, Accepted By: _________________________________ Date: _________________________________ James R. Sarych Director Page 160 of 223 Date: 1/16/2024 Release and Partial Release of Development Contracts Proposed Action Staff recommends adoption of the following motion: Overview The owners of Lot 5, Block 1, Berres Ridge 7th Addition located at 19798 Henning Avenue request a full and partial release of development contracts in force and effect. All requirements of the six previous development contracts assigned to the Lot 5, Block 1 property title have been fulfilled and may be released in accordance with the attached Release of Development Contract form. Adoption of this motion will formally allow the partial release of Lot 5, Block 1 from the Berres Ridge 7th Addition development contract recorded as Document No. 3466526. Supporting Information 1. Berres Ridge Attachments 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 161 of 223 Page 162 of 223 Partial Release of Land from Development Agreements For good and valuable consideration received, CITY OF LAKEVILLE, a Minnesota municipal corporation, hereby releases Lot 5, Block 1, Berres Ridge 7th Addition, Dakota County, Minnesota (the “Property”) from the following agreements: 1. Development Contract dated May 4, 2015, recorded on May 20, 2015, as Document No. 3067921 in the office of the County Recorder for Dakota County, Minnesota; 2. Development Contract dated July 8, 2016, recorded on August 19, 2016, as Document No. 3145127 in the office of the County Recorder for Dakota County, Minnesota; 3. Development Contract dated May 30, 2018, recorded on June 15, 2018, as Document No. 3255316 in the office of the County Recorder for Dakota County, Minnesota; 4. Development Contract dated April 1, 2019, recorded on June 5, 2019, as Document No. 3308012 in the office of the County Recorder for Dakota County, Minnesota; 5. Development Contract dated December 16, 2019, recorded on August 5, 2020, as Document No. 3388724 in the office of the County Recorder for Dakota County, Minnesota; and IN WITNESS WHEREOF, the undersigned has caused this certification to be executed as of this ______ day of __________________, 2024. CITY OF LAKEVILLE By: Name: __________________________________ Title: Mayor And by: Name: _________________________________ Title: City Clerk Page 163 of 223 STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ______ day of ___________, 2024 by ____________________________, the Mayor and by _______________________, the City Clerk of the City of Lakeville, a Minnesota municipal corporation, and pursuant to the authority of the City Council. _____________________________________________ Notary Public This Instrument was Drafted by: Fredrikson & Byron, P.A. (MSR) 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 80949946v1 Page 164 of 223 Date: 1/16/2024 Resolution Approving 2024 Position and Classification Plan for Full-time Fire Fighters and Captains Proposed Action Staff recommends adoption of the following motion: Move to adopt the Resolution Granting Approval of the 2024 Position Classification and Pay Plan for Full-time Fire Fighters and Captains. Overview This report presents the 2024 Position Classification and Pay Plan for full-time Fire Fighters and Captains. The plan considers relevant factors such as the Federal Labor Standards Act (FLSA) 7(k) exemption and common practices in the Twin Cities metro area. Key Elements of the Pay Plan: • 28-day pay period: Aligns with the majority of metro area cities and the FLSA exemption for public safety employees. • Primary and secondary pay rates: Primary rate based on the 28-day cycle, secondary rate for a 40-hour week. Three full-time Firefighters and three full-time Captains are included in the 2024 budget. The anticipated hire date is March 4, 2024. The Personnel Committee has reviewed and recommends approval of the position classification and pay plan for full-time Fire Fighters and Captains. Supporting Information 1. 01162024_Resolution _Classification and Pay Plan_Fire Financial Impact: $ Budgeted: Yes Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Tammy Schutta, Human Resources Manager Page 165 of 223 Page 166 of 223 Page 167 of 223 Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Grade 08 70,738.00 73,390.67 76,142.82 78,998.19 81,960.61 85,034.13 88,222.92 91,531.28 Hourly Rate:24.29 25.20 26.15 27.13 28.15 29.20 30.30 31.43 Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Grade 08 70,738.00 73,390.67 76,142.82 78,998.19 81,960.61 85,034.13 88,222.92 91,531.28 Hourly Rate:34.01 35.28 36.61 37.98 39.40 40.88 42.41 44.01 Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Grade 12 89,305.09 92,654.04 96,128.56 99,733.39 103,473.38 107,353.63 111,379.39 115,556.12 Hourly Rate:30.67 31.82 33.01 34.25 35.53 36.87 38.25 39.68 Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Grade 12 89,305.09 92,654.04 96,128.56 99,733.39 103,473.38 107,353.63 111,379.39 115,556.12 Hourly Rate:42.94 44.55 46.22 47.95 49.75 51.61 53.55 55.56 Firefighter 2024 Primary Rate Average 56 hours per week (2912 hours per year) 28‐day Shift Captain 2024 Secondary Rate Average 40 hours per week Average 56 hours per week (2912 hours per year) 28‐day Shift Captain 2024 Primary Rate Firefighter 2024 Secondary Rate Average 40 hours per week Page 168 of 223 Date: 1/16/2024 Construction Contract with Minnesota Dirt Works for 2024 Stormwater Management Basin Rehabilitation Proposed Action Staff recommends adoption of the following motion: Move to approve resolution awarding a contract to Minnesota Dirt Works, Inc. for 2024 Stormwater Management Basin Rehabilitation, City Project 24-40. Overview On Monday, January 8, 2024, the City received two quotes for City Project 24-40 ranging from a low quote of $113,220.00 submitted by Minnesota Dirt Works Inc. to a high quote of $160,817.93. The engineer’s estimate of the construction cost was $139,010.00. City Project 24-40 includes maintenance activities to two stormwater management basins within the Crystal Lake Watershed. Maintenance includes sediment removal within the stormwater management basins to restore the functions of rate control and water quality and to preserve the City's stormwater infrastructure investments. The City has an agreement in place with Moore Engineering to create project-delivery efficiencies. Moore Engineering will continue to assist City staff by providing contract administration, construction surveying, materials testing and construction inspection under this agreement. Supporting Information 1. 2024.01.16 Resolution Award Construction Contract 2. 2024.01.16 Construction Contract 3. 2024.01.09 Moore Engineering Recommendation Financial Impact: $113,220.00 Budgeted: Yes Source: Environmental Resources Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: McKenzie Cafferty, Environmental Resources Manager Page 169 of 223 CITY OF LAKEVILLE RESOLUTION NO. 24- Construction Contract with Minnesota Dirt Works for 2024 Stormwater Management Basin Rehabilitation WHEREAS, the City of Lakeville received two quotes Monday, January 8, 2024, for 2024 Stormwater Management Basin Rehabilitation, City Project 24-40; and WHEREAS, the lowest responsible quote was from Minnesota Dirt Works Inc. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lakeville, Minnesota: Hereby awards the contract to the lowest responsible quoter that meets all the quote requirements, Minnesota Dirt Works Inc, with a quote in the amount of $113,220.00. The construction is proposed to be completed as specified in the contract documents. ADOPTED by the Lakeville City Council this 16th day of January 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 170 of 223 Page 171 of 223 Page 172 of 223 Page 173 of 223 Page 174 of 223 Page 175 of 223 Page 176 of 223 Page 177 of 223 Page 178 of 223 612.355.7726 January 9, 2024 Honorable Mayor and Council Members Mac Cafferty, Environmental Resources Manager City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RE: City Project 24-40 2024 Lakeville Pond Maintenance Project at Crystal Lake Golf Club City of Lakeville Recommendation of Notice of Award Moore No. 23579 Honorable Mayor and Members of the Council, On January 8, 2024 at 4:00 p.m., electronic quotes were reviewed for City Project 24-40, 2024 Lakeville Pond Maintenance Project at Crystal Lake Golf Club. Two quotes were submitted, with prices of $113,220.00 and $160,817.93. The low bid of $113,220.00 was less than the Engineer’s Opinion of Probable Cost of $139,010.00. We have reviewed the bids and have determined that the lowest responsible bid was from Minnesota DirtWorks, Inc. in the amount of $113,220.00. Therefore, we recommend that a contract be awarded to Minnesota DirtWorks, Inc. Enclosed are the bid tabulation and statement of estimated cost for your consideration. Please feel free to contact me with any questions or comments at 612-355-7726. Sincerely, Daniel Elemes, PE Project Engineer Enclosures Bid Tabulation, Statement of Estimated Cost Page 179 of 223 2024 LAKEVILLE POND MAINTENANCE PROJECT AT CRYSTAL LAKE GOLF CLUBCITY OF LAKEVILLECP 24-40BID TABULATIONJANUARY 9, 2024QUOTE UNIT COSTTOTAL PROJECT COSTQUOTE UNIT COSTTOTAL PROJECT COSTQUOTE UNIT COSTTOTAL PROJECT COST1 2021.501MOBILIZATIONLS 1 13,000.00$ 13,000.00$ 11,500.00$ 11,500.00$ 21,258.35$ 21,258.35$ 2 2104.518REMOVE SIDEWALKSF 200 1.00$ 200.00$ 1.00$ 200.00$ 6.31$ 1,262.00$ 3 2104.518REMOVE BITUMINOUS TRAILSF 160 2.00$ 320.00$ 1.20$ 192.00$ 5.60$ 896.00$ 4 2104.503REMOVE CURB AND GUTTERLF 40 10.00$ 400.00$ 5.45$ 218.00$ 23.26$ 930.40$ 5 2101.505CLEARINGSY 20 10.00$ 200.00$ 80.00$ 1,600.00$ 61.09$ 1,221.80$ 6 2573.501STABILIZED CONSTRUCTION EXITEA 2 3,000.00$ 6,000.00$ 1,530.00$ 3,060.00$ 1,892.89$ 3,785.78$ 7 2573.503SEDIMENT CONTROL LOG, TYPE STRAWLF 100 5.00$ 500.00$ 5.90$ 590.00$ 29.90$ 2,990.00$ 8 312500STORMWATER MANAGEMENT AND DEWATERINGLS 1 10,000.00$ 10,000.00$ 15,800.00$ 15,800.00$ 7,140.21$ 7,140.21$ 9 312500COMPOSITE MATSLF 660 25.00$ 16,500.00$ 12.50$ 8,250.00$ 51.05$ 33,693.00$ 10 312316SEDIMENT EXCAVATION AND DISPOSAL - POND C (CONTAMINATED) (P) (EV)CY 540 70.00$ 37,800.00$ 52.60$ 28,404.00$ 63.22$ 34,138.80$ 11 312316SEDIMENT EXCAVATION AND DISPOSAL - POND F (CLEAN) (P) (EV)CY 340 70.00$ 23,800.00$ 23.15$ 7,871.00$ 21.74$ 7,391.60$ 12 2521.5185" CONCRETE WALKSF 200 12.00$ 2,400.00$ 12.00$ 2,400.00$ 9.48$ 1,896.00$ 13 2521.5183" BITUMINOUS TRAILSF 160 10.00$ 1,600.00$ 14.50$ 2,320.00$ 20.00$ 3,200.00$ 14 2531.503CONCRETE CURB AND GUTTER B618LF 40 65.00$ 2,600.00$ 66.00$ 2,640.00$ 29.62$ 1,184.80$ 15 2511.507RIPRAP CLASS IIICY 22 75.00$ 1,650.00$ 145.00$ 3,190.00$ 150.47$ 3,310.34$ 16 2051.501TRAFFIC CONTROLLS 1 5,000.00$ 5,000.00$ 340.00$ 340.00$ 4,621.45$ 4,621.45$ 17 2575.504ROLLED EROSION PREVENTION CATEGORY 15SY 2,700 0.50$ 1,350.00$ 1.25$ 3,375.00$ 2.81$ 7,587.00$ 18329113TOPSOIL - IMPORT CY45030.00$ 13,500.00$ 42.40$ 19,080.00$ 44.89$ 20,200.50$ 192575.504TURF ESTABLISHMENTSY7303.00$ 2,190.00$ 3.00$ 2,190.00$ 5.63$ 4,109.90$ CONSTRUCTION TOTAL139,010.00$ 113,220.00$ 160,817.93$ ENGINEER'S ESTIMATE MN DIRTWORKS RACHEL CONTRACTINGITEM NO. SPEC NO. ITEM DESCRIPTION UNITTOTAL QUANTITYPage 180 of 223 Date: 1/16/2024 Funding Application for 2023 State Safe Routes to School Infrastructure Program 185th Street Expansion Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution supporting submittal of an application for 2023 State Safe Routes to School Infrastructure Program funds to the Minnesota Department of Transportation for 185th Street Expansion, City Project 25-04. Overview The Minnesota Safe Routes to School (SRTS) Infrastructure Program was established by the Minnesota Legislature in 2012 and is defined in Minnesota Statute 174.40. A total of $10.9 million in grant funds are available in the 2023 SRTS infrastructure solicitation. Eligible projects include a) pedestrian and bicycle improvements providing safe access to local schools including trails, sidewalks, crossings, and traffic control devices, b) improvements that are documented in an existing SRTS Plan or other planning documents, and c) projects approved for 2024-2025 construction. The statewide solicitation has a maximum funding request of $1,000,000. The City submitted a SRTS Infrastructure Letter of Intent on November 9, 2023, for the 185th Street Expansion (City Project 25-04) as it will improve safety for students walking/biking along the corridor between Kenwood Trail and Ipava Avenue. The Minnesota Department of Transportation letter dated November 22, 2023, recommends the City submit a full grant application. A City Council resolution certifying project support and funding is a requirement of the application. The application is due February 4, 2024. Supporting Information 1. 2024.01.16 Resolution Supporting 2023 SRTS Application Financial Impact: $704,500 Budgeted: No Source: State Funds Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Zach Johnson, City Engineer Page 181 of 223 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Supporting Submittal of a Grant Application for 2023 State Safe Routes to School Infrastructure Program Funds 185th Street Trail Project WHEREAS, $10.9 million in grant funds are available in the 2023 State Safe Routes to School Infrastructure Program, with a minimum of $50,000 and a cap of $1,000,000 for each project; and WHEREAS, the Minnesota Department of Transportation is requesting submittals for Safe Routes to School Infrastructure Program funds for projects scheduled for construction in 2024- 2025; and WHEREAS, the 185th Street Expansion project (City Project 25-04) is included in the adopted City of Lakeville five-year Capital Improvement Plan (2024-2028) with construction programmed for 2025; and WHEREAS, the 185th Street Expansion project includes the addition of multi-use trails along both sides of the roadway that will benefit students and improve safety while traveling along the 185th Street corridor between Kenwood Trail (County State Highway 50) and Ipava Avenue. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lakeville, Minnesota, hereby approves the submittal of the 185th Street Trail project to the Minnesota Department of Transportation for 2023 State Safe Routes to School Infrastructure Program funds; and BE IT FURTHER RESOLVED, that if the 185th Street Trail project is awarded 2023 State Safe Routes to School Infrastructure Program funds, the City Council of the City of Lakeville, Minnesota, will consider approving execution of the related grant agreement at a future City Council meeting. ADOPTED by the Lakeville City Council this 16th day of January 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 182 of 223 Date: 1/16/2024 North Ryan Second Addition Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) Resolution approving the preliminary plat of North Ryan Second Addition, 2) resolution approving the vacation of drainage and utility easements and 3) approval of a conditional use permit to allow a government building in the O-P, Office Park District, and adopt the findings of fact. Overview Dakota County has submitted applications and plans for the proposed development of an 11.97 acre parcel for a Dakota County recycling facility referred to as the proposed Recycle Zone Plus, located south of 215th Street (CSAH 70), north of 217th Street, west of Jacquard Avenue and east of future Javelin Avenue. The property is presently owned by Scannell Properties. The proposed Dakota County recycling facility use of the property requires a conditional use permit within the O-P, Office Park District. The preliminary and final plat includes one lot and a proposed 17,770 square foot recycle facility building with room for a possible future expansion. Approval of the preliminary plat requires the vacation of existing drainage and utility easements. The final plat will be presented to the City Council at an upcoming regular meeting. Supporting Information 1. North Ryan Second Addition Attachments Financial Impact: $0.00 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, Associate Planner Page 183 of 223 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF NORTH RYAN SECOND ADDITION WHEREAS, The County of Dakota, State of Minnesota requests approval of the preliminary plat of one industrial lot to be known as NORTH RYAN SECOND ADDITION, legally described as Outlot B, North Ryan Addition; and WHEREAS, the Planning Commission held a public hearing at its January 4, 2024 meeting, preceded by notice as required by the Subdivision Ordinance, and unanimously recommended approval; and WHEREAS, the preliminary plat meets Subdivision Ordinance requirements; and WHEREAS, the preliminary plat is acceptable to the City. NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: The NORTH RYAN SECOND ADDITION preliminary plat is approved subject to the following conditions: 1. Implementation of the recommendations listed in the December 19, 2023 engineering report. 2. The site and building shall be developed and constructed consistent with the preliminary plat and final plat site development plans approved by the City Council. 3. A stormwater maintenance agreement shall be established for the stormwater facilities within Lot 1, Block 1 as a condition of final plat approval. 4. A landscaping security shall be submitted for Lot 1 with the final plat. Page 184 of 223 2 5. All signs shall comply with Zoning Ordinance requirements for the O-P District. A sign permit shall be issued by the Community Development Department prior to the installation of any signs. 6. A site lighting shall be submitted in compliance with Zoning Ordinance requirements prior to issuance of a building permit. 7. Snow storage shall not take place in required parking spaces. If there is not adequate space to store snow on site, snow must be removed from the site. ADOPTED by the Lakeville City Council this 16th day of January, 2024 CITY OF LAKEVILLE Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk Page 185 of 223 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-____ RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public drainage and utility easement vacation; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public drainage and utility easement. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easement is hereby vacated: All public drainage and utility easements within Outlot A, North Ryan Addition 2. The easement vacation will become effective upon City Council approval and recording of the North Ryan Second Addition final plat. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 16th day of January 2024. Page 186 of 223 2 CITY OF LAKEVILLE BY:________________________ Luke M. Hellier, Mayor ATTEST: BY:________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( DAKOTA COUNTY ) I hereby certify that the foregoing Resolution No. 24-___ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 16th day of January, 2024 as shown by the minutes of said meeting in my possession. __________________________ Ann Orlofsky, City Clerk SEAL Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 187 of 223 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 24- ___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a conditional use permit to Dakota County, State of Minnesota, to allow the construction and operation of government building with recycling services and operations in the O-P, Office Park District. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 1, Block 1, North Ryan Second Addition 3. Conditions. This conditional use permit is issued subject to the following conditions: a) The recommendations listed in the Engineering Division memorandum dated December 19, 2023. b) The site and building shall be developed and constructed consistent with the preliminary plat and final plat and site development plans approved by the City Council. c) A stormwater maintenance agreement for the stormwater facilities in Lot 1, Block 1, North Ryan Second Addition shall be required with the final plat. d) A landscaping financial security shall be submitted for Lot 1 with the final plat. e) All signs shall comply with Zoning Ordinance requirements for the OP District. A sign permit shall be issued by the Community Development Department prior to the installation of any signs. Page 188 of 223 f) Site lighting shall not glare onto public streets and shall not exceed one-foot candle at the property line. A photometric lighting plan shall be submitted for Lot 1 prior to issuance of a building permit. g) Snow storage shall not take place in required parking spaces. If there is not adequate space to store snow on site, snow must be removed from the site. 4. Revocation. The City may revoke the permit for cause upon determination that the conditional use is not in conformance with the conditions of this permit or is in continued violation of the Zoning Ordinance, City Code, or other applicable regulations. 5. Expiration. This conditional use permit shall expire unless the applicant commences construction of the authorized use within one year of the date of this conditional use permit, unless an extension is approved by the Zoning Administrator. DATED: January 16, 2024 CITY OF LAKEVILLE BY: ________________________ Luke M. Hellier, Mayor BY: ________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 16th day of January 2024, 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 20195 Holyoke Avenue Lakeville, MN 55044 Page 189 of 223 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA DAKOTA COUNTY RECYCLING FACILITY CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On January 4, 2024, the Lakeville Planning Commission met at its regularly scheduled meeting to consider a conditional use permit to allow a Dakota County recycling facility in the O-P, Office Park District to be located on Lot 1, Block 1, North Ryan Second Addition. 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. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is located in Planning District No. 6 of the 2040 Comprehensive Land Use Plan, which guides the property for office park uses. 2. The property is currently zoned O-P, Office Park District. 3. The legal description of the property is: Lot 1, Block 1, North Ryan Second Addition, Dakota County, Minnesota 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 proposed Dakota County facility is consistent with the 2040 Comprehensive Land Use Plan and the District 6 recommendations of the Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The Dakota County recycling facility will be screened and buffered from adjacent land uses by public streets on four sides. Provided compliance with the conditional use permit, the proposed warehouse use will be compatible with existing light industrial uses in the vicinity and future land uses in the area. Page 190 of 223 2 c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: Provided compliance with the conditional use permit, the Dakota County recycling facility will conform with all performance standards contained in the Zoning Ordinance and the City Code. 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. The property can be served with public sanitary sewer and water services. The use of the property as a recycling facility 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: Anticipated traffic generated by the Dakota County recycling facility is within the capabilities of all public streets serving the property. 5. The planning report dated December 29, 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: January 16, 2024 CITY OF LAKEVILLE BY: _________________________ Luke M. Hellier, Mayor BY: _________________________ Ann Orlofsky, City Clerk PREPARED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 191 of 223 Planning Commission Meeting Minutes, January 4, 2024 Page 4 There were no comments from the audience. Motion was made by Lillehei, seconded by Einck to close the public hearing at 6:33 p.m. Voice vote was taken on the motion. Ayes – unanimous. Chair Majorowicz asked for comments from the Planning Commission. The Planning Commission had no comments. Ayes: Kaluza, Lillehei, Majorowicz, Einck, Tinsley, Swenson, Zuzek Nays: 0 7. North Ryan Second Addition Chair Majorowicz opened the public hearing to consider the application of Dakota County for the following, located south of 215th Street (CSAH 70), north of 217th Street, and west of Jacquard Avenue: 1. Preliminary plat of one industrial lot to be known as North Ryan Second Addition, 2. Conditional use permit to allow a Dakota County recycling facility in the OP, Office Park District, and 3. Vacation of public drainage and utility easements. Joe Lexa with Dakota County presented a brief overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated the applicant has submitted applications and plans for the proposed development of an 11.97-acre parcel for a Dakota County recycling facility referred to as the proposed Recycle Zone Plus, located south of 215th Street (CSAH 70), north of 217th Street, west of Jacquard Avenue and east of future Javelin Avenue. The site plan includes an optional on-site garage for County related equipment, an attendant station prior to entering the drop-off area, and a future electric vehicle charging station on the north side of the proposed parking lot. The first phase construction will include a 17,770 square foot recycle facility/office building requiring a minimum of 30 parking stalls. The site plan proposes 41 vehicle parking stalls with the first phase of construction, including two ADA accessible parking stalls. Phase II construction includes 9,900 square feet of office and recycle facility building area requiring 22 additional parking stalls for a total of 52 stalls for the proposed 27,670 square foot building. The parking lot and internal driveways comply with OP, Office Park District 30 foot setback requirement to the public street right-of-way and five foot setback to internal property lines. Mr. Dempsey outlined the landscape plan, building height/materials, and the future public trail along the south side of 215th Street. Community Development Department staff recommends approval of the preliminary plat, conditional use permit, and easement vacation subject to the seven stipulations listed in the December 28, 2023 planning report, and approval of the Findings of Fact dated January 4, 2024. Page 192 of 223 Planning Commission Meeting Minutes, January 4, 2024 Page 5 Chair Majorowicz opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Swenson to close the public hearing at 6:46 p.m. Voice vote was taken on the motion. Ayes – unanimous. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Commissioner Lillehei asked if this location will have a reuse area and what is the capacity of this facility compared to the existing county recycling facility in Eagan? The applicant indicated that this facility would have a reuse area and the capacity is substantially larger than their current site. • Commissioner Zuzek commented positively on adding another recycle center in Dakota County and asked about recycling old mattresses. • Dakota County Commissioner, Mary Liz Holberg indicated that the decision to expand into recycling appliances and mattresses has not yet been made for this facility, however, Dakota County will work with the community about adding this service at a future date. Motion was made by Lillehei, seconded by Swenson to recommend to City Council approval of the North Ryan Second Addition preliminary plat, conditional use permit and easement vacation subject to the following stipulations, and approval of the Findings of Fact dated January 4, 2024: 1. The recommendations listed in the Engineering Division memorandum dated December 19, 2023. 2. The site and building shall be developed and constructed consistent with the preliminary plat and final plat and site development plans approved by the City Council. 3. A stormwater maintenance agreement for the stormwater facilities in Lot 1, Block 1, North Ryan Second Addition shall be required with the final plat. 4. A landscaping financial security shall be submitted for Lot 1 with the final plat. 5. All signs shall comply with Zoning Ordinance requirements for the O-P District. A sign permit shall be issued by the Planning Department prior to the installation of any signs. 6. Site lighting shall not glare onto public streets and shall not exceed one-foot candle at the property line. A photometric lighting plan shall be submitted for Lot 1 prior to issuance of a building permit. 7. Snow storage shall not take place in required parking spaces. If there is not adequate space to store snow on site, snow must be removed from the site. Ayes: Lillehei, Majorowicz, Einck, Tinsley, Swenson, Zuzek, Kaluza Nays: 0 Kris Jenson and Frank Dempsey announced that Planning Director Daryl Morey is retiring, and this will be his last Planning Commission meeting. They gave a brief overview of his career in the City of Lakeville, including the approximate number of Planning Commission Page 193 of 223 Planning Commission Meeting Minutes, January 4, 2024 Page 6 meetings he has attended, the number of plats that have been approved during his tenure, and the growth of population in Lakeville under his leadership. City of Lakeville staff appreciates the work and dedication of Daryl Morey, and it has been a pleasure working with him. Congratulations Daryl for 35 years of public service. There being no further business, the meeting was adjourned at 7:01 p.m. Respectfully submitted, Tina Morrow, Recording Secretary Page 194 of 223 1 City of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: December 29, 2023 Subject: North Ryan Second Addition: A. Easement Vacation B. Preliminary Plat C. Final Plat D. Conditional Use Permit Action Deadline: April 13, 2022 BACKGROUND Dakota County has submitted applications and plans for the proposed development of an 11.97 acre parcel for a Dakota County recycling facility referred to as the proposed Recycle Zone Plus, located south of 215th Street (CSAH 70), north of 217th Street, west of Jacquard Avenue and east of future Javelin Avenue. The property is presently owned by Scannell Properties. The proposed Dakota County recycling facility use of the property requires a conditional use permit within the OP, Office Park District. The preliminary and final plat includes one lot and a proposed 17,770 square foot recycle facility building with room for a possible future expansion. EXHIBITS: A. Aerial Photo Location Map B. Zoning Map C. Easement Vacation Exhibit D. Preliminary Pat E. Final Plat F. Property Survey G. Site Plan and Striping Plan (3 Pages) Page 195 of 223 2 H. Grading and Drainage Plan I. Erosion Control Plan J. Utility Plan K. Landscape Plan L. Building Floor and Exterior Elevation Plans (2 Pages) M. Dakota County Plat Commission letter dated December 8, 2023 PLANNING A NALYSIS EASEMENT VACATION Outlot B, North Ryan Addition, includes two public easements that must be vacated as condition of approval of the preliminary plat and subject to approval and recording of the final plat. One is a 10 foot wide drainage and utility easement located at the perimeter of the property. The other is a drainage and utility easement dedicated with the stormwater maintenance agreement for the temporary stormwater basin constructed in 2022. P RELIMINARY AND FINAL PLAT Existing Conditions. The property consists of 12 acres and was platted as Outlot B, North Ryan Addition in 2022. The property was preliminary graded for future development in 2022 in conjunction with the North Ryan Addition plat. Surrounding Land Uses. North Ryan Second Addition is surrounded by the following existing or planned land uses: Direction Existing Use Land Use Plan Zoning North 215th Street (CSAH 70), South Creek Greenway and Lakeville South High School Restricted Development, Public and Quasi-Public P-OS, Public and Open Space District South 217th Street and Magnum Trucking Warehouse Warehouse/Light Industrial I-1, Light Industrial District East Outlot A, North Ryan Addition and Jacquard Avenue Office Park OP, Office Park District West Undeveloped Agricultural Property Office Park and Warehouse/Light Industrial OP and I-1 Districts Page 196 of 223 3 Lots/Blocks. One lot on one block is proposed with the preliminary and final plat. No outlots are proposed. Proposed Lot 1 exceeds the minimum lot area (30,000 square feet) and lot width (100 feet) requirements of the OP District. Streets. The following streets are included as abutting streets to the North Ryan Second Addition preliminary and final plat: 215th Street: The North Ryan Second Addition preliminary plat is adjacent to 215th Street (CSAH 70), which is designated as a principal arterial in the City’s Comprehensive Transportation Plan. All required right-of-way was dedicated and platted with the North Ryan Addition final plat in 2022. At its December 6, 2023 meeting, the Dakota County Plat Commission recommended approval of the North Ryan Second Addition preliminary plat to the County Board, which will consider the preliminary plat at its January 23, 2023 meeting. The Plat Commission letter dated December 8, 2023 is attached as Exhibit M. 217th Street: North Ryan Second Addition is also located adjacent to 217th Street right-of-way to the south. 217th Street will be constructed by the developer as a two-lane rural section 40 foot wide road within 80 feet of right-of-way. Additional right-of-way is not required for 217th Street. Javelin Avenue: Javelin Avenue is a future street that abuts the west boundary of the North Ryan Second Addition preliminary and final plat. The North Ryan Addition final plat dedicated the east half 40 feet of right-of-way. Javelin Avenue will be constructed as a 40 foot wide rural section road when the property to the west of Javelin Avenue develops. Javelin Avenue will have right-in and right-out access at 215th Street as determined by Dakota County. Grading, Drainage, Erosion Control, Utilities. Grading, drainage, erosion control, and utility plans have been submitted with the North Ryan Second Addition preliminary plat and are discussed in more detail in the December 19, 2023 engineering report. Tree Preservation. There are no trees within the North Ryan Second Addition preliminary and final plat area. Wetlands. There are no wetlands within the North Ryan Second Addition preliminary plat. A wetland delineation was completed in 2020. No wetlands were identified on the subject property. Park Dedication, Trails and Sidewalks. The City’s Comprehensive Parks, Trails, and Open Space Plan does not identify any future park land needs in the area of the plat. A public trail along the south side of 215th Street will be required with this project. Park dedication will be satisfied with a cash fee in effect at the time of final plat approval. Page 197 of 223 4 CONDITIONAL USE PERMIT 11-75-7.H of the Zoning Ordinance requires conditional use permit approval for government and public utility buildings and structures, other than City of Lakeville in the OP, Office Park District,. The Recycling Zone Plus will be a partnership with Scott County to provide recycling services for drop-off with related additional services to residents in both counties. The Recycling Zone Plus will collect similar recyclable materials as the existing Dakota County Recycle Zone facility located in Eagan where residents drop off paints, pesticides, automotive chemicals, household cleaners, fluorescent light bulbs, batteries and small electronics for proper management and disposal. Facility staff sort, pack and store materials on-site until they are shipped to disposal or recycling facilities. Items for collection will include household and automotive chemicals, tires, batteries, scrap metal, appliances, mattresses, electronic items and components, organics, textiles and the like that would otherwise be disposed of in landfills. The Dakota County recycling center has been located in Eagan for more than 20 years. Approval of a conditional use permit requires adoption of findings of fact by the Planning Commission and City Council. Draft findings of fact are attached to this report. SITE PLAN ANALYSIS The site development and construction plans propose a first and second phase building square footage of 27,670 square foot for a recycle facility/office building on Lot 1. First phase construction will include 17,770 square feet of office and recycle facility space. Planned Phase II expansion proposes an additional 9,990 square feet of office and recycle facility. The building expansion site plan will have to show compliance with parking requirements for the additional parking spaces required for the addition. The site plan includes an optional on-site garage for County related equipment, an attendant station prior to entering the drop-off area, and a future electric vehicle charging station on the north side of the proposed parking lot. Setbacks. The building setback requirements of the OP District are being met with the proposed site plans for Lot 1, Block 1 as follows: Required Building Setbacks Proposed Building Setbacks Front Yard (north)-- 50 feet Front (north - 215th St.) – 260 feet Side Yard (east) - 10 feet Side Yard (west) - 30 feet Side (east) – 459 feet Side (west – Javelin Ave) – 359 feet Rear Yard (south)—30 feet Rear (217th St. south) – 138 feet Page 198 of 223 5 Phase I and Phase II required and proposed parking stalls are noted below: Building Sq. Ft. (Phase I)…………..17,770 square feet Office Sq. Ft (Phases I)...…….………….17 stalls Recycle facility Sq. Ft. (Phase I)…..................13 stalls Phase I Parking Stalls Required………...30 stalls/41 stalls to be constructed Building Sq. Ft. (Phase II)………..….9,900 square feet Parking Stalls Required (Phase II)….….22 stalls Parking Required (Phases I & II)…….....52 stalls Parking Provided (Phases I & II)…….....52 stalls Parking. The first phase construction will include a 17,770 square foot recycle facility/office building requiring a minimum of 30 parking stalls. The site plan proposes 41 vehicle parking stalls with the first phase construction, including two ADA accessible parking stalls. Phase II construction includes 9,900 square feet of office and recycle facility requiring 22 additional parking stalls for a total of 52 stalls for the proposed 27,670 square foot building. The parking lot and internal driveways comply with OP, Office Park District setback requirements to the public street right-of-way and five feet internal property line setbacks. Access. The property will be accessed via two driveways from 217th Street. The main service/drop-off access will be located on the east side of the property with the driveway wrapping around the north side of the building to the drop-off areas on the north and west sides of the building. The west drop-off area will include a covered canopy and a by-pass lane west of the canopy. Driveway access to 217th Street meets Zoning Ordinance requirements for location, setback and width. Circulation. All drive aisles and parking stalls comply with the required aisle width and parking stall dimensions for one way 60-degree angled parking. All driveways, loading dock areas and trailer parking spaces are of adequate size to accommodate two-way traffic as well as backing and turning movements including for semi-trucks, trailers, and emergency vehicles. Loading Docks/Doors. Five loading dock doors and one drive-through overhead door will be located on the east side of the building fronting the stormwater basin on City owned Outlot A, North Ryan Addition. A drive-through overhead door will be located on the west side of the building facing future Javelin Avenue approximately 270 feet to the west. Outdoor Storage. Outside storage will include compactors, trailers for appliances and mattresses as well as four – 30 cubic yard bulk waste and scrap metal bins. These facilities will be located approximately 120 feet from 215th Street (CSAH 70) and screened with landscaping near the Page 199 of 223 6 north property line in addition to a 15-20 foot raised grade from the surface of 215th Street. Outdoor storage is limited to 20% of the gross lot area, which equals 41,544 square feet of the 12 acre property. The proposed outdoor storage area is approximately 30,000 square feet. Landscaping/Screening. The OP District requires a minimum of 30% landscaped area on the property. The landscape plan as designed proposes 69% greenspace over the 12-acre Lot 1 including Phase II construction. The landscape plan proposes 85 shade, evergreen, and ornamental trees and a variety of shrubs and perennials as noted in the table below: Landscape Materials 44 Overstory trees (2.5 inch min. diameter) 20 Conifer trees (8 foot min. height) 21 Ornamental trees (2 inch min. diameter) 360 Variety of shrubs and perennial plantings The proposed landscaping provides screening on all four sides of the site. All landscaped areas within and adjacent to the parking lot, including landscaped islands, shall be irrigated in compliance with Zoning Ordinance requirements. All areas not planted with trees, shrubs or perennials will be seeded with a natural grass mixture as shown on the landscape plan. All landscaping shall be kept in living condition with dead or diseased materials replaced as needed to comply with the approved landscape plan. A landscape security shall be submitted with the final plat to guarantee installation of the approved landscaping. The security amount will be determined by the developer’s landscaping contractor prior to City Council consideration of the final plat. Building Height/Exterior Materials. The proposed building will be one-story and 29 feet, four inches in height in compliance with OP District requirements. It will be constructed of pre-cast concrete panels accented with narrow pre-finished metal panels on the west elevation below the canopy at the drive-through drop-off area. The building will be painted light and dark brown earth tones for visual accent. The exterior building materials comply with Zoning Ordinance requirements for the OP District. Signage. A detailed signage plan has not been submitted. The site plan indicates two freestanding signs of unknown height and dimensions, one at each driveway access to 217th Street. The minimum setback is 15 feet from the south property line where the signs are indicated. The Zoning Ordinance for the OP District allows one freestanding sign to a maximum area of 100 square feet and 10 feet in height. Lot 1 is a double frontage lot and Page 200 of 223 7 therefore is allowed two wall signs, not to exceed 100 square feet each. A sign permit shall be issued by the Planning Department prior to the installation of any signs. Site Lighting. Exterior lighting fixtures and specifications have not been submitted. Parking lot and site lighting shall be downcast LED fixtures. Poles not taller than 30 foot are allowed. Wall mounted lights shall be downcast fixtures only. The light fixtures shall meet Zoning Ordinance requirements and shall be reviewed by staff prior to issuance of an electrical permit. The Zoning Ordinance requires not more than one foot-candle of light measurement at any property line. A photometric plan must be submitted prior to installation of any exterior lighting. Recycling and Trash Containers. The outdoor recycling and trash bins will be located on the north side of the building. A trash (waste) enclosure is not identified on the plans. The recycling containers will be located in a lower depression area approximately six feet below the north driveway and will be screened from public view. Snow Storage. Snow storage may not take place in required parking spaces. RECOMMENDATION Planning Department staff has determined that the preliminary and final plat and site development plans comply with Subdivision and Zoning Ordinance requirements. The Dakota County recycle facility use of the property and the site design comply with Zoning Ordinance requirements. Staff recommends approval of the North Ryan Second Addition preliminary and final plat, easement vacation, and conditional use permit subject to the following stipulations: 1. The recommendations listed in the Engineering Division memorandum dated December 19, 2023. 2. The site and building shall be developed and constructed consistent with the preliminary plat and final plat and site development plans approved by the City Council. 3. A stormwater maintenance agreement for the stormwater facilities in Lot 1, Block 1, North Ryan Second Addition shall be required with the final plat. 4. A landscaping financial security shall be submitted for Lot 1 with the final plat. 5. All signs shall comply with Zoning Ordinance requirements for the OP District. A sign permit shall be issued by the Planning Department prior to the installation of any signs. Page 201 of 223 8 6. Site lighting shall not glare onto public streets and shall not exceed one-foot candle at the property line. A photometric lighting plan shall be submitted for Lot 1 prior to issuance of a building permit. 7. Snow storage shall not take place in required parking spaces. If there is not adequate space to store snow on site, snow must be removed from the site. Page 202 of 223 Lakeville South High School Magnum Trucking Amazon Fulfillment Center 217th Street Magnum Warehouse Proposed North RyanSecond Addition 12 Acres EXHIBIT A Page 203 of 223 OP EXHIBIT B Page 204 of 223 OUTLOT B215TH STREET WEST(C.S.A.H. 70)JAVELIN AVENUEN89°55'01"E 903.62S0°33'32"W 583.23 N89°26'28"W 899.98N0°12'01"E 573.12 217TH STREET WESTWAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. PRINT NAME: SIGNATURE: DATE LIC. NO. PROJ. NO. DRAWN SURVEY Plymouth Office One Carlson Pkwy Suite 1000 Plymouth, MN 55447 Phone: 763-479-4200 Website:www.stantec.com CITY OF LAKEVILLE, MN VACATION EXHIBIT STEVEN F. HOUGH NOVEMBER 29, 2023 54850 193806614_EXH SFH 193806614 VACATED D & U EASEMENT SHEET 2 OF 2 SHEETS VACATED STORM WATER EASEMENT Page 205 of 223 EXHIBIT D Page 206 of 223 N89°55'01"E 903.62 S0°33'32"W 583.23N89°26'28"W 899.98N0°12'01"E 573.12LOT 1 BLOCK 1 LEGEND NORTH RYAN SECOND ADDITION EXHIBIT E Page 207 of 223 � " " r � .. ,", I I I I 18 :{l BITUMINOUS NORTH LINE OF THE E 1/2 OF THE SW 1/4 OF SEC. 31-, 215TH STREET WEST {PUBLIC RIGHT OF WAY) LOT 1 RESTRICTED ACCESS -, TO 215TH STREET W , {ITEM #9) ) OWNER: LAKEVILLE JACQUARD I DAKOTA CO. HIGHWAY EASEMENT< I I ._ (C.S.A.H. 70) ii! PER DOC. NO. 480476 {ITEM #11) ', \ \ INV=1006.0J-� r .. ' ,,. , .. , , t.! L � .. ' t .. r, .. • " BITUMINOUS -1011 . .... ..... ,.., ' ' ' ,1,_ � .. I •- :i f-- f-- OWNER: SCANNELL PROPERTIES LEGEND 0 • @ {Sn _, l:?il M [o,] � lR 1. 2. SET 1/2" x 14" IRON PIPE WITH PLASTIC CAP 5485D FOUND MONUMENT SANITARY SEWER MANHOLE STORM SEWER MANHOLE STORM SEWER INLET STORM SEWER INLET HYDRANT GAS METER COMMUNICATIONS PEDESTAL WATER VALVE -,,-TRAFRC SIGN'D, UTILITY POLE E--ANCHOR CABLE �,, �-t LIGHT POLE 0 DECIDUOUS TREE � CONIFEROUS TREE e SHRUB/BUSH VICINITY MAP 215TH ST. W. SUBJECT PROPERTY C.S.A.H. 70 GENERAL NOTES Bearings shown hereon are based on the Dakota County Coordinate System relative to the NAD83(11) control adjustment. Elevations and contours shown hereon were established with GPS and are relative ta the NAVDBB vertical datum. CLIENT NAME () Stantec DAKOTA COUNTY ---:>>--- -->--�>-- STORM SEWER SANITARY SEWER WATERMAIN ---COM--- ----OU---- UNDERGROUND COMMUNICATION LINE OVERHEAD UTILITY LINE � TREE LINE N 0 50 100 SCALE IN FEET PROJECT TITLE ALTA/NSPS LAND TITLE SURVEY DWN BY CHK'D SFH SFH PROJECT NO. 193806614 APP'D XXX SHEET DWG DATE SEE CERT. SCALE SEE SCALE BAR NO. 2 OF 2 =>L----------------------------------------------------------------------------------------------------------------------------------------L----------------------------L----------------------------'--------L------------------..J EXHIBIT F Page 208 of 223 OUTLOT BMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU>>>>>>>>>>>>IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II I I>>>>|||P-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURLEGENDGENERAL NOTESPARKING CALCULATIONSITE PLANDPGMMWC401DRAWN BY:CHECKED BY:PROJ. NO:DRAWING NO:230056THIS SQUARE APPEARS 1/2" x 1/2"ON FULL SIZE SHEETSNO DATE REVISIONNO DATE ISSUED FORCOPYRIGHT 2023 BY LHB, INC. ALL RIGHTS RESERVED.PRELIMINARYNOT FOR CONSTRUCTION12/15/2023PROJECT NAME:DRAWING TITLE:701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029CLIENT:DAKOTA COUNTY1590 HIGHWAY 55HASTINGS, MN 55033File Path:..\230056\500 Drawings\Civil\230056 C401 Site Plan.dwg12/15/2023 10:12 AMPlot Date:DAKOTA COUNTY HHW& RECYCLING FACILITY10222 215TH ST WLAKEVILLE, MN 55044109/29/2023SD - COST ESTIMATE210/26/2023CUP SUBMITTAL312/06/2023DD - COST ESTIMATE112/15/2023CUP UPDATESExEXEXHIBIT GPage 209 of 223 OUTLOT BMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU>>>>>>>>>>>>IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II I I>>>>|||P-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURSITE PLANFUTURE EXPANSIONFOR INFORMATION ONLYDPGMMWC405DRAWN BY:CHECKED BY:PROJ. NO:DRAWING NO:230056THIS SQUARE APPEARS 1/2" x 1/2"ON FULL SIZE SHEETSNODATEREVISIONNODATEISSUED FORCOPYRIGHT 2023 BY LHB, INC. ALL RIGHTS RESERVED.PROJECT NAME:DRAWING TITLE:701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029CLIENT:DAKOTA COUNTY1590 HIGHWAY 55HASTINGS, MN 55033File Path:..\230056\500 Drawings\Civil\230056 C405 Future Expansion.dwg12/15/2023 9:59 AMPlot Date:DAKOTA COUNTY HHW& RECYCLING FACILITY10222 215TH ST WLAKEVILLE, MN 55044109/29/2023SD - COST ESTIMATE210/26/2023CUP SUBMITTAL312/06/2023DD - COST ESTIMATEISSUED FORREFERENCE ONLY12/15/2023112/15/2023CUP UPDATESPage 210 of 223 OUTLOT BMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU>>>>>>>>>>>>IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II I I>>>>|||P-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURLEGENDGENERAL NOTESSTRIPING PLANDPGMMWC402DRAWN BY:CHECKED BY:PROJ. NO:DRAWING NO:230056THIS SQUARE APPEARS 1/2" x 1/2"ON FULL SIZE SHEETSNODATEREVISIONNODATEISSUED FORCOPYRIGHT 2023 BY LHB, INC. ALL RIGHTS RESERVED.PRELIMINARYNOT FOR CONSTRUCTION12/15/2023PROJECT NAME:DRAWING TITLE:701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029CLIENT:DAKOTA COUNTY1590 HIGHWAY 55HASTINGS, MN 55033File Path:..\230056\500 Drawings\Civil\230056 C402 Striping Plan.dwg12/15/2023 9:57 AMPlot Date:DAKOTA COUNTY HHW& RECYCLING FACILITY10222 215TH ST WLAKEVILLE, MN 55044109/29/2023SD - COST ESTIMATE210/26/2023CUP SUBMITTAL312/06/2023DD - COST ESTIMATE112/15/2023CUP UPDATESPage 211 of 223 (C.S.A.H. NO. 70)215TH STREET WESTUEUEUEUEUEUEUEUEUEUEUEF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>||||||||||||||||||||||||CBCB>>>>>>>>>>>>>>>>||||||||||||||||||||>>>>>>>>>>>>||217TH STREET W217TH STREET WUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUELEGENDABBREVIATIONSGENERAL NOTESGRADING PLANDPGMMWC301DRAWN BY:CHECKED BY:PROJ. NO:DRAWING NO:230056THIS SQUARE APPEARS 1/2" x 1/2"ON FULL SIZE SHEETSNO DATE REVISIONNO DATE ISSUED FORCOPYRIGHT 2023 BY LHB, INC. ALL RIGHTS RESERVED.PRELIMINARYNOT FOR CONSTRUCTION10/26/2023PROJECT NAME:DRAWING TITLE:701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029CLIENT:DAKOTA COUNTY1590 HIGHWAY 55HASTINGS, MN 55033File Path:..\230056\500 Drawings\Civil\230056 C301 Grading Plan.dwg10/26/2023 12:45 PMPlot Date:DAKOTA COUNTY HHW& RECYCLING FACILITY10222 215TH ST WLAKEVILLE, MN 55044109/29/2023SD - COST ESTIMATE210/26/2023CUP SUBMITTALEXHIBIT HPage 212 of 223 (C.S.A.H. NO. 70)215TH STREET WESTUEUEUEUEUEUEUEUEUEUEUEF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>||||||||||||||||||||||||CBCB>>>>>>>>>>>>>>>>||||||||||||||||||||>>>>>>>>>>>>||217TH STREET W217TH STREET WUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUELEGENDGENERAL NOTESPROPOSED EROSIONCONTROL PLANDPGMMWC102DRAWN BY:CHECKED BY:PROJ. NO:DRAWING NO:230056THIS SQUARE APPEARS 1/2" x 1/2"ON FULL SIZE SHEETSNO DATE REVISIONNO DATE ISSUED FORCOPYRIGHT 2023 BY LHB, INC. ALL RIGHTS RESERVED.PRELIMINARYNOT FOR CONSTRUCTION10/26/2023PROJECT NAME:DRAWING TITLE:701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029CLIENT:DAKOTA COUNTY1590 HIGHWAY 55HASTINGS, MN 55033File Path:..\230056\500 Drawings\Civil\230056 C102 Prop EC.dwg10/26/2023 12:42 PMPlot Date:DAKOTA COUNTY HHW& RECYCLING FACILITY10222 215TH ST WLAKEVILLE, MN 55044109/29/2023SD - COST ESTIMATE210/26/2023CUP SUBMITTALEXHIBIT IPage 213 of 223 (C.S.A.H. NO. 70)215TH STREET WESTUEUEUEUEUEUEUEUEUEUEUEF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OF/OOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>||||||||||||||||||||||||CBCB>>>>>>>>>>>>>>>>||||||||||||||||||||>>>>>>>>>>>>||217TH STREET W217TH STREET WUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE73 LF - 18" RCP @ 1.36%FES 11518" INV=1021.00CBMH 114 (W_3' SUMP)RIM=1028.9118" INV IN=1020.00 (W)24" INV IN=1020.00 (N)36" INV OUT=1010.82 (E)82 LF - 36" RCP @ 1.00%FES 11336" INV=1010.0074.5± LF - 12" RCP @ 1.00%42.5± LF - 12" RCP @ 1.00%PCB 01DRIM. 1031.53IE IN=1027.38 (N)IE OUT=1027.42 (E)PCB 01BRIM. 1030.19IE IN=1024.57 (W)IE OUT=1024.47 (E)FES 01IE=1023.67 (W)ESTUB-10CONNECT TO EXIST. STUBIE IN=1004.99 (N)IE OUT=1004.99 (S) (V.I.F.)PSMH-10AOUTSIDE DROP MANHOLESEE LAKEVILLE PLATE LV-SS-3RIM. 1028.01IE IN=1014.92 (W)IE OUT=1006.89 (S)PSMH-10BRIM. 1029.11IE IN=1022.30 (W)IE OUT=1021.20 (E)BLDG-10CREFER TO MECHANICALIE OUT=1024.00 (E)95.0± LF - 8" PVC SDR 26 @ 2.00%314.1± LF - 6" PVC SDR 26 @ 2.00%85.0± LF - 6" PVC SDR 26 @ 2.00%FES 02IE=1021.00 (W)FES 03IE=1021.00 (N)PCB 03BRIM. 1026.18IE IN=1021.78 (N)IE OUT=1021.68 (S)323.8± LF - 12" RCP @ 0.00%56.3± LF - 12" RCP @ 0.30%FES 02AIE=1021.00 (E)PCB 03CRIM. 1025.99IE IN=1022.23 (E)IE OUT=1022.13 (S)115.0± LF - 12" RCP @ 0.30%68.9± LF - 12" RCP @ 0.30%PCB 03ERIM. 1026.04IE OUT=1022.75 (W)PCB 03DRIM. 1025.80IE IN=1022.54 (E)IE OUT=1022.44 (W)ECB-05RIM. 1028.91GEOTHERMAL FIELDFIELD, SEE MECHANICALHYDRANT ASSEMBLYSEE X/C5XXPCB 04DRIM. 1024.95IE IN=1022.17 (NW)IE OUT=1022.07 (S)88.3± LF - 12" HDPE @ 0.30%99.2± LF - 12" HDPE @ 0.30%PCB 04BRIM. 1027.00IE IN=1022.61 (SE)IE IN=1021.77 (N)IE OUT=1021.71 (SW)82.2± LF - 12" HDPE @ 0.30%PCB 04CRIM. 1027.02IE OUT=1022.85 (NW)152.0± LF - 12" RCP @ 0.30%PMH 04ERIM. 1028.27IE IN=1023.02 (W)IE IN=1022.53 (NW)IE OUT=1022.43 (SE)108.4± LF - 12" RCP @ 0.30%PCB 04FRIM. 1027.02IE OUT=1022.85 (SE)PCB 04GRIM. 1029.61IE IN=1023.58 (W)IE OUT=1023.48 (E)151.5± LF - 12" RCP @ 0.30%PCB 04HRIM. 1029.38IE IN=1024.13 (NW)IE OUT=1024.03 (E)87.6± LF - 12" R C P @ 0.30 %PCB 04JRIM. 1028.59IE OUT=1024.39 (SE)27.9± LF - 12" RCP @ 1.00%PMH 01ARIM. 1032.36IE IN=1024.05 (W)IE OUT=1023.95 (E)SUMP=1019.95135.7± LF - 12" PVC SCH 40 @ 0.30%70.7± LF - 12" RCP @ 0.30%6" TEEELEV 1024.766"-45° BENDELEV 1018.846"-45° BENDELEV 1018.5312" X 6" DI REDUCERELEV 1019.946"-90° BENDELEV 1026.02167.4± LF - 6" DIP @ -0.07%42.5± LF - 6" DIP @ 0.74%32.0± LF - 6" DIP @ 0.74%3.0± LF - 12" DIP @ 0.00%69.5± LF - 6" DIP @ 1.82%18.5± LF - 6" DIP @ 0.00%CONNECT TO EXIST. 12" GATE VALVEELEV. 1019.95± (V.I.F.)PMH 03ARIM. 1028.06IE IN=1021.51 (N)IE OUT=1021.41 (S)SUMP=1017.41118.1± LF - 12" PVC SCH 40 @ 0.30%FES 04IE=1021.00 (N)PMH 04ARIM. 1029.27IE IN=1021.35 (NE)IE OUT=1021.35 (S)SUMP=1017.35118.5± LF - 12" RCP @ 0.30%BLDGREFER TO MECHANICALELEV=1026.0248.1± LF - 6" DIP @ -3.41%79.8± LF - 6" DIP @ 1.85%3.7± LF - 6" DIP @ 100.00%6"-45° BENDELEV 1024.886"-45° BENDELEV 1020.80112.1± LF - 6" DIP @ 0.10%75.7± LF - 6" DIP @ 0.48%GRADE BREAKELEV=1018.29GRADE BREAKELEV=1019.20GRADE BREAKELEV=1019.32APPROXIMATE ROUTING OF NATURAL GAS PIPING & ELECTRICAL.AVOID OPEN TRENCH INSTALLATION IF FEASIBLE.COORDINATE WITH UTILITY COMPANY.93.3± LF - 12" RCP @ 1.00%70.0± LF - 10" PVC SCH 40 @ 2.00%PMH 01CRIM. 1032.57IE IN=1026.68 (W)IE IN=1025.60 (N)IE OUT=1025.50 (E)CONNECT TOBLDG ROOF DRAINIE OUT=1027.00PCB 01ERIM. 1033.82IE OUT=1029.76 (S)119.0± LF - 1 2 " H D P E @ 2 . 0 0 %PIPE CROSSING18" STORM IE=1020.08 (V.I.F.)6" WATER CROWN=1018.58PIPE CROSSING12" STORM IE=1021.166" SAN CROWN=1018.55PIPE CROSSING12" STORM IE=1020.996" WATER CROWN=1019.49PIPE CROSSING12" STORM IE=1021.116" WATER CROWN=1019.61PIPE CROSSING12" STORM IE=1021.276" SAN CROWN=1020.89PIPE CROSSING10" STORM IE=1026.586" WATER CROWN=1025.10CONDUITS FOR FUTURE ELECTRICVEHICLE CHARGING STATIONSREFER TO ELECTRICALEXISTING STORMWATER SWALEPOTENTIAL STORMWATERINFILTRATION BASINLEGENDCONSTRUCTION LIMITSSTORM SEWERDRAINTILECATCH BASINSTORM MANHOLECLEANOUTSANITARY SEWERWATER SERVICEGENERAL NOTES1.THE CONTRACTOR SHALL FIELD VERIFY AL EXISTING UTILITIES PRIOR TO BEGINNINGCONSTRUCTION. UTILIZE THE "GOPHER STATE ONE CALL SYSTEM" (1-800-252-1166) TOHAVE PUBLIC UTILITIES LOCATED WITHIN THE CONSTRUCTION LIMITS. CONTACT THEOWNER TO LOCATE PRIVATE UTILITIES LOCATED WITHIN THE CONSTRUCTION LIMITS.NOTIFY THE ENGINEER IMMEDIATELY OF ANY CONFLICTS.2.SITE LIGHTING IS SHOWN FOR LOCATION ONLY. REFER TO ELECTRICAL SITE PLAN FORELECTRICAL ROUTING AND ADDITIONAL REQUIREMENTS.3.UNLESS OTHERWISE NOTED, ALL UTILITY TRENCHES SHALL BE CONSTRUCTED PERX/C50X. WATERMAIN SHALL BE CONSTRUCTED PER X/C50X.4.ADJUST ALL RISERS AND CASTINGS TO FINISH GRADE.5.PREVENT CONSTRUCTION SEDIMENT, DIRT & DEBRIS FROM ENTERING INFILTRATIONBMPS.6.TRACER WIRE SHALL BE INSTALLED PER X/C50X AND AND INDICATED IN THE PROJECTSPECIFICATION.UTILITY PLANDPGMMWC201DRAWN BY:CHECKED BY:PROJ. NO:DRAWING NO:230056THIS SQUARE APPEARS 1/2" x 1/2"ON FULL SIZE SHEETSNO DATE REVISIONNO DATE ISSUED FORCOPYRIGHT 2023 BY LHB, INC. ALL RIGHTS RESERVED.PRELIMINARYNOT FOR CONSTRUCTION10/26/2023PROJECT NAME:DRAWING TITLE:701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029CLIENT:DAKOTA COUNTY1590 HIGHWAY 55HASTINGS, MN 55033File Path:..\230056\500 Drawings\Civil\230056 C201 Utility Plan.dwg10/26/2023 12:44 PMPlot Date:DAKOTA COUNTY HHW& RECYCLING FACILITY10222 215TH ST WLAKEVILLE, MN 55044109/29/2023SD - COST ESTIMATE210/26/2023CUP SUBMITTALEXHIBIT JPage 214 of 223 L101DRAWN BY:CHECKED BY:PROJ. NO:DRAWING NO:230056THIS SQUARE APPEARS 1/2" x 1/2"ON FULL SIZE SHEETSNO DATE REVISIONNO DATE ISSUED FORCOPYRIGHT 2023 BY LHB, INC. ALL RIGHTS RESERVED.PRELIMINARYNOT FOR CONSTRUCTION10/26/2023PROJECT NAME:DRAWING TITLE:701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029CLIENT:DAKOTA COUNTY1590 HIGHWAY 55HASTINGS, MN 55033File Path:..\230056\500 Drawings\LA\230056 L101 Landscape Plan.dwg10/26/2023 12:40 PMPlot Date:DAKOTA COUNTY HHW& RECYCLING FACILITY10222 215TH ST WLAKEVILLE, MN 55044109/29/2023SD - COST ESTIMATE210/26/2023CUP SUBMITTALScale: 1"=30'LANDSCAPE PLAN OVERALL1OVERALL LANDSCAPE PLAN15' 30'60'PLANT SCHEDULEScale: 1"=10'PARKING LOT SCREENING25' 10'20'F/OF/OF/OF/OOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>|||||||||||||||||||||CBCB>>>>>>>>>>>>>>>>|||||||||||||||||||>>>>>>>>>>>>||217TH STREET W217TH STREET WUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUECONSTRUCTION LIMITS, TYPPROPERTY BOUNDARY, TYPGEOTHERMAL WELL, TYPSEE MECHANICALUTILITY LINE, TYPSEE CIVILMONUMENT SIGN, TYPLIGHT POLE, TYPSEE ELECTRICALDIRECTIONAL SIGNAGE, TYPSEE CIVILACCESS GATE, TYPSEE CIVILPROPOSEDBUILDINGSEE ARCHATTENDANT STATIONSEE ARCHCHECK-IN STATIONSEE ARCHDECORATIVE METAL SCREENWITH GATE, SEE ARCHFLAGPOLESEE CIVILSTEEL EDGERSEE 8/L501MAINTENANCE EDGER, TYPSEE 9/L501BIKE RACKSSEE 10/L5014'-0" TYPUTILITY STRUCTURE, TYPSEE CIVILWALL MOUNTEDBENCHALTERNATE:GARAGESEE ARCHCOMPACTOR CANOPYSEE ARCH2L101STEEL EDGERSEE 8/L501STEEL EDGERSEE 8/L50145' SIGHT TRIANGLE, TYP10'-0" CLEAR MIN, TYPBUILDING EXPANSION AREA, TYPEXPAND TO INCLUDEALL AREAS DISTURBEDBY CONSTRUCTION ASNEEDED, TYPSNOW STORAGE AREA, TYPHHW DROP OFF CANOPYSEE ARCHCONIFEROUS CANOPY TREECODEQTYBOTANICAL / COMMON NAMECONTJE 16 Juniperus virginiana8` HT.Eastern RedcedarPS 4Pinus strobus8` HT.White PineDECIDUOUS CANOPY TREECODEQTYBOTANICAL / COMMON NAMECONTAO 3Aesculus glabra2-1/2" B&BOhio BuckeyeBN 4Betula nigra8` CLUMPRiver Birch Multi-TrunkCS 7Catalpa speciosa2-1/2" B&BNorthern CatalpaCO 2Celtis occidentalis2-1/2" B&BCommon HackberryGA 3Ginkgo biloba 'Autumn Gold'2-1/2" B&BAutumn Gold Maidenhair TreeGY 3Gymnocladus dioicus2-1/2" B&BKentucky CoffeetreeOV 3Ostrya virginiana2-1/2" B&BAmerican HophornbeamPT 6Populus tremuloides2-1/2" B&BQuaking AspenQB 2Quercus bicolor2-1/2" B&BSwamp White OakQE 5Quercus ellipsoidalis2-1/2" B&BNorthern Pin Oak*QM 6Quercus macrocarpa2-1/2" B&BBur Oak*ORNAMENTAL TREECODEQTYBOTANICAL / COMMON NAMECONTAG 5Amelanchier x grandiflora 'Autumn Brilliance' 2" B&BAutumn Brilliance Apple ServiceberryPA 11 Prunus americana2" B&BAmerican Plum*PC 5Prunus virginiana2" B&BChokecherry*GROUND COVERSCODEQTYBOTANICAL / COMMON NAMECONTME 236 sf Chipped Aggregate Maintenance Edger Mulch4" DepthDB 8,869 sf Detention Basin MixSeed Mix with PlugsHM 1,653 sf Hardwood MulchMulch4" DepthNM 24,922 sf No Mow Seed MixSeed MixSP 132,418 sf Short Prairie MixSeed Mix217TH STREET W PUBLIC RIGHT OF WAY3'-0"DAKOTA COUNTY HHW & RECYCLINGCENTER PROPERTY LINENEIGHBORING INDUSTRIAL PROPERTYPROPERTY LINE10' SETBACKHHW & RECYCLING CENTER PARKING LOTTRAILER PARKINGEXHIBIT KPage 215 of 223 L102DRAWN BY:CHECKED BY:PROJ. NO:DRAWING NO:230056THIS SQUARE APPEARS 1/2" x 1/2"ON FULL SIZE SHEETSNODATEREVISIONNODATEISSUED FORCOPYRIGHT 2023 BY LHB, INC. ALL RIGHTS RESERVED.PRELIMINARYNOT FOR CONSTRUCTION10/26/2023PROJECT NAME:DRAWING TITLE:701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029CLIENT:DAKOTA COUNTY1590 HIGHWAY 55HASTINGS, MN 55033File Path:..\230056\500 Drawings\LA\230056 L101 Landscape Plan.dwg10/26/2023 12:40 PMPlot Date:DAKOTA COUNTY HHW& RECYCLING FACILITY10222 215TH ST WLAKEVILLE, MN 55044109/29/2023SD - COST ESTIMATE210/26/2023CUP SUBMITTALScale: 1"=30'LANDSCAPE PLAN OVERALL1SHRUB AND PERENNIAL PLAN15'30'60'PLANT SCHEDULEF/OF/OF/OF/OOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>|||||||||||||||||||||CBCB>>>>>>>>>>>>>>>>|||||||||||||||||||>>>>>>>>>>>>||217TH STREET W217TH STREET WUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE81Grasses#1 CONTBouteloua curtipendula / Side Oats Grama*Bouteloua gracilis 'Honeycomb' / Honeycomb Blue Grama GrassSchizachyrium scoparium / Little Bluestem*Sporobolus heterolepis / Prairie Dropseed*120Large Shrubs#5 CONT.Aronia melanocarpa 'Morton' / Iroquois Beauty Black ChokeberryCornus racemosa / Gray Dogwood*Corylus americana / American Hazelnut*Diervilla lonicera / Dwarf Bush HoneysuckleJuniperus chinensis 'Maneyi' / Maney JuniperJuniperus horizontalis 'Blue Chip' / Blue Chip JuniperRhus glabra / Smooth Sumac*Salix humilis / Prairie WillowViburnum dentatum / Arrowwood159Small Shrubs & Perennials#1 CONT.Anemone canadensis / Canda anemoneArctostaphylos uva-ursi / BearberryAronia melanocarpa 'UCONNAM012' / Ground Hug Black ChokeberryArtemisia ludoviciana / Prairie SageAstragalus crassicarpus / Ground PlumBaptisia australis / Blue Wild IndigoSedum ternatum / Wild Stonecrop SedumVerbena hastata / Blue VervainViola pedata / Bird's-foot VioletPage 216 of 223 LEVEL 1100' -0"OFFICE LOW ROOF114' -0"VARIES -SEE STRUCTHIGH ROOFCANOPY ROOF117' -0"T.O. WAREHOUSE WALL129' -4"T.O.W. HIGH OFFICE121' -4"T.O.W. LOW OFFICE119' -4"16' - 0"INTEGRAL PRECAST SILL AT AREA B, TYPICALPERFORATED METAL PANEL LOADING DOCK SCREENING ON STEEL POSTSALUMINUM HORIZONTAL BLADE SHADING DEVICES, MOUNTED TO EMBED PLATES IN PRECAST, TYP.METAL PANEL CLADDING OVER METAL FRAMINGOPEN TO BEYOND6' - 0"IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13TRIPLE GLAZED ALUMINUM CURTAINWALL SYSTEM W/ BIRD SAFE GLASS, TYP.IPC13IPC13IPC13LEVEL 1100' -0"OFFICE LOW ROOF114' -0"CANOPY ROOF117' -0"T.O. WAREHOUSE WALL129' -4"T.O.W. HIGH OFFICE121' -4"PERFORATED METAL PANEL ON STEEL FRAMES21' - 0"16' - 10"20' - 0"20' - 0"BLAST PANELSALUMINUM VERTICAL BLADE SHADING DEVICES, MOUNTED TO EMBED PLATES IN PRECASTTRIPLE GLAZED ALUMINUM CURTAINWALL SYSTEM W/ BIRD SAFE GLASSTRIPLE GLAZED ALUMINUM CURTAINWALL SYSTEM W/ BIRD SAFE GLASS2' - 0"7' - 4"IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13IPC13 IPC13 IPC13 IPC13LEVEL 1100' -0"CANOPY ROOF117' -0"T.O. WAREHOUSE WALL129' -4"T.O.W. HIGH OFFICE121' -4"OPEN TO BEYONDRAMP, SEE CIVILIPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13TRIPLE GLAZED ALUMINUM CURTAINWALL SYSTEM, TYP.TRIPLE GLAZED ALUMINUM CURTAINWALL SYSTEM W/ BIRD SAFE GLASSLEVEL 1100' -0"VARIES -SEE STRUCTT.O. FOOTINGEQUIP. PLATFORM110' -10"OFFICE LOW ROOF114' -0"VARIES -SEE STRUCTHIGH ROOFCANOPY ROOF117' -0"T.O. WAREHOUSE WALL129' -4"T.O.W. HIGH OFFICE121' -4"T.O.W. LOW OFFICE119' -4"ALUMINUM VERTICAL BLADE SHADING DEVICES, MOUNTED TO EMBED PLATES IN PRECAST, TYP.WALL-MOUNTED BENCH, SEE DOCK LEVER, TYP.DOCK SEAL, TYP./A1A1016' - 8"11' - 4"7' - 4"4' - 0"4' - 0"PREFINISHED METAL COPING, TYP.2' - 0" TYP7' - 4" TYPTRIPLE GLAZED ALUMINUM CURTAINWALL SYSTEM, TYP.TRIPLE GLAZED ALUMINUM CURTAINWALL SYSTEM W/ BIRD SAFE GLASSIPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13 IPC13PRECAST CONCRETE - COLOR 1 (ACID ETCH)GRADE: A (SMOOTH TYPE FINISH - ACID ETCH)PRECAST CONCRETE WITH FORMLINER or ARCHITECTURAL FINISH - COLOR 1 (SAND BLAST - EXPOSED AGGREGATE)GRADE: A (FORM LINER or EXPOSED AGGREGATE)EXTERIOR ELEVATION LEGENDPRECAST CONCRETE WITH BRICK FORMLINER (NORMAN - STACKED BOND)-COLOR 2GRADE: A (FORM LINER)ARCHITECTURAL METAL PANEL CLADDINGGRADE: C (OPAQUE PANEL)PERFORATED METAL PANEL SCREENINGGRADE: C (ORNAMENTAL METAL)BIRD-SAFE GLAZINGGRADE: A (GLASS)PREFINISHED WHITE METAL PANEL (PRE-FABRICATED BUILDING)GRADE: C (OPAQUE PANEL)PRECAST CONCRETE - COLOR 2 (ACID ETCH)GRADE: A (SMOOTH TYPE FINISH - ACID ETCH)MATERIAL GRADES REFERENCED PER LAKEVILLE ZONING CODE 11-17-9 11-17-9.D.2: O-P DISTRICT:"(1) ARCHITECTURALLY PRECAST CONCRETE PANELS WITH A FORM LINER, TOOLED, BRICK AND STONE FACE, CAST STONE, AND/OR SMOOTH TYPE FINISH MAY BE USED TO SATISFY THE GRADE A MATERIAL REQUIREMENTS OF THIS SECTION."EXTERIOR ELEVATIONS230056 | DAKOTA COUNTY | DAKOTA COUNTY HHW AND RECYCLING FACILITY12/08/20231/8" = 1'-0"A11SOUTH ELEVATION - MATERIAL ILLUSTRATION1/8" = 1'-0"A13WEST CANOPY ELEVATION - MATERIAL ILLUSTRATION1/8" = 1'-0"A14NORTH ELEVATION - MATERIAL ILLUSTRATION1/8" = 1'-0"A15EAST ELEVATION - MATERIAL ILLUSTRATIONMATERIAL BREAKDOWN PERCENTAGESSOUTH ELEVATIONGRADE A 86%GRADE C 14%WEST ELEVATIONGRADE A 68%GRADE C 32%NORTH ELEVATIONGRADE A 85%GRADE C 15%EAST ELEVATIONGRADE A 98%GRADE C 2%PERCENTAGE OF FACADE CONSISTING OF RESPECTIVE MATERIAL GRADES AS REFERENCED ABOVE. EXEMPT MATERIALS PER 11-17-9.B.10 HAVE BEEN OMITTED FROM TOTAL FACADE AREA.EXHIBIT L Page 217 of 223 Dakota County Surveyor’s Office Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 952.891 -7087 Fax 952.891 -7127 www.co.dakota.mn.us December 8, 2023 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: NORTH RYAN SECOND ADDITION The Dakota County Plat Commission met on December 6, 2023, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 70 (215th St. W.) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The site is a replat of Outlot B, NORTH RYAN ADDITION and includes the proposed Dakota County Hazardous Household Waste & Recycling Facility. The right-of-way needs for a 4-lane divided roadway are 75 feet of half right of way, which has been met. Access to the site will be from 217th Street via Jacquard Avenue and future Javelin Avenue. Restricted access is shown along all Outlot B to CSAH 70 per doc. 3552035. The Plat Commission has approved the preliminary and final plat and will recommend approval to the County Board of Commissioners meeting on January 2, 2023. Traffic volumes on CSAH 70 are 13,300 ADT and are anticipated to be 16,800 ADT by the year 2040. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact TJ Bentley regarding permitting questions at (952) 891-7962 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: Ryan Bluhm, Westwood Bryan Tucker, Summer Gate EXHIBIT M Page 218 of 223 City of Lakeville Public Works – Engineering Division Memorandum To: Frank Dempsey, Associate Planner From: Alanna Sobottka, Graduate Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy: Zach Johnson, City Engineer Julie Stahl, Finance Director Dave Mathews, Building Official Tina Goodroad, Community Development Director Date: December 19, 2023 Subject: North Ryan Second Addition • Preliminary Plat Review • Site Plan Review • Grading and Erosion Control Plan Review • Utility Plan Review BBAACCKKGGRROOUUNNDD Dakota County has submitted a preliminary plat of one lot named North Ryan Second Addition and plans to construct a waste recycling facility on the lot. The proposed development is located west of Jacquard Avenue and south of and adjacent to 215th Street (CSAH 70). The parent parcel consists of Outlot B, North Ryan Addition (PID No. 225209000020) zoned OP, Office Park District. The preliminary plat consists of one lot within one block on 11.97 acres. The proposed development will be completed by: Developer: Dakota County Engineer/Surveyor: Stantec Page 219 of 223 NNOORRTTHH RRYYAANN SSEECCOONNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT DDEECCEEMMBBEERR 1199,, 22002233 PPAAGGEE 22 OOFF 55 SSIITTEE CCOONNDDIITTIIOONNSS The North Ryan Second Addition site was mass graded with the plat of North Ryan Addition. The land generally slopes from the west to the east. EEAASSEEMMEENNTTSS Several easements for highway, stormwater, and utility purposes exist across the parent parcel and will remain with the development improvements. A privately owned electric power transmission line easement exists along the northern edge of the lot. There are public perimeter drainage and utility easements and a stormwater and utility easement along the south property line. The public easements will be vacated and reestablished with the final plat. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT 215th Street (CSAH 70) North Ryan Second Addition is located south of and adjacent to 215th Street, a Principal Arterial roadway as identified in the City’s Comprehensive Transportation Plan. The Dakota County Plat Commission reviewed the proposed development at its December 6, 2023 meeting and recommended approval. The current Dakota County Plat Review Needs Map identifies 215th Street as a 4-lane divided roadway with a half right-of-way requirement of 75-feet adjacent to the plat. The Developer dedicated the necessary right-of-way for 215th Street with the North Ryan Addition plat. Dakota County and the City reconstructed 215th Street as a four-lane divided roadway adjacent to the plat in 2021. Dakota County controls the right-of-way requirements and access locations along 215th Street. 217th Street 217th Street is a minor collector roadway as identified in the City’s Transportation Plan and was constructed with the North Ryan Addition as a rural section roadway to promote infiltration and treatment of stormwater run-off. 217th Street is a 40-foot wide rural roadway with paved shoulders within an 80-foot right-of-way. The Developer dedicated the necessary right-of-way for 217th Street with the North Ryan Addition plat. 217th Street terminates in a temporary cul-de-sac; the developer of North Ryan Addition supplied a cash escrow for its removal when 217th Street is extended to the west. Javelin Avenue Development of North Ryan Addition included the dedication of the ½ right-of-way for Javelin Avenue, located along the west plat boundary. Javelin Avenue will be constructed in the future to provide additional access to 215th Street. The access to 215th Street will be restricted to right-in/right-out in the future when it is constructed. North Ryan Second Addition should not be impacted upon construction of Javelin Avenue. Javelin Avenue will be constructed in the future by the developer of the parcel to the west; the Developer for North Page 220 of 223 NNOORRTTHH RRYYAANN SSEECCOONNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT DDEECCEEMMBBEERR 1199,, 22002233 PPAAGGEE 33 OOFF 55 Ryan Second Addition will be assessed for their portion of construction at the time of construction. SITE PLAN A Site Plan was submitted for Lot 1, Block 1 North Ryan Second Addition. The Site Plan includes construction of a 17,770 SF waste recycling facility that will include warehouse/storage, office, and other employee related space and accessory buildings. The proposed site will result in a lot that is 31% impervious with 41 parking spaces. Access to the site is proposed via two private driveways on 217th Street. The site plan indicates areas of possible future expansion of the warehouse/storage space. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction shall be determined with the final construction plans. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDD EEWWAALLKKSS The Park Dedication Fee has not been collected on the parent parcel and shall be satisfied through a cash contribution with the final plat. The Parks, Trails and Open Space Plan identifies a bituminous trail along the south side of 215th Street adjacent to the North Ryan Second Addition preliminary plat. The construction of the bituminous trail along 215th will be required to be completed with this project. UUTTIILLIITTIIEESS SSAANN IITTAARRYY SSEE WWEERR North Ryan Second Addition is located within sub-district SC-10410 of the South Creek sanitary sewer district as identified in the City’s Comprehensive Sewer Plan. The wastewater from the proposed site will be conveyed by City-owned sanitary sewer facilities to the Elko/New Market interceptor and then to the Empire Wastewater Treatment Plant. The existing City-owned downstream facilities are adequate to convey the wastewater generated by the proposed development. Private sanitary sewer service hookups were extended from the public sanitary sewer to the south side of the subject parcel for development of the property with the development of North Ryan Addition. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid with the final plat. WWAATTEERRMMAAIINN A service stub was provided with the development of North Ryan Addition from the 12-inch watermain along 217th Street within the City’s Normal Pressure Zone. Page 221 of 223 NNOORRTTHH RRYYAANN SSEECCOONNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT DDEECCEEMMBBEERR 1199,, 22002233 PPAAGGEE 44 OOFF 55 The Lateral Watermain Access Charge must be paid for the 16-inch watermain along 215th Street that was installed with City Project 20-05. The Lateral Watermain Access Charge for the watermain adjacent to North Ryan Second Addition must be paid with the final plat. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff with the final plat, building permit application and final construction plans. OOVVEERRHHEEAADD LLIINN EESS Great River Energy (GRE) has an existing electric transmission line along 215th Street. City Code does not require the transmission line to be buried. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG North Ryan Second Addition is located within subdistrict SC-007 and SC-022 of the South Creek District of the City’s Comprehensive Water and Natural Resources Management Plan. Development of North Ryan Second Addition includes the construction of multiple privately owned and maintained stormwater management basins within Lot 1, Block 1. The Developer shall enter into a private stormwater maintenance agreement with the final plat for the private basins. Prior to final plat approval, the final grading plan must be reviewed to be consistent with City Ordinance requirements. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building Certificates of Occupancy will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. North Ryan Second 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. The Developer and Engineer for North Ryan Second Addition must submit plans that are compliant with the NPDES permit in regard to stormwater management, specifically infiltration, for a waste recycling facility prior to final plat approval. SSTTOORRMM SSEEWWEERR Development of North Ryan Second Addition includes the construction of private storm sewer systems to be located within Lot 1, Block 1 and will collect and convey stormwater runoff generated from within the development to the stormwater management basins. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be paid with the final plat. Page 222 of 223 NNOORRTTHH RRYYAANN SSEECCOONNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT DDEECCEEMMBBEERR 1199,, 22002233 PPAAGGEE 55 OOFF 55 Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the building permit application and final construction plans. FEMA FLOODPLAIN ANALYSIS North Ryan Second Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation by FEMA, the plat is not located within a Special Flood Hazard Area (SFHA). WWEETTLLAANNDDSS A wetland delineation report was completed and approved in 2020. No wetlands were identified within the project area. TTRREEEE PPRREESSEERRVVAATTIIOONN The site was mass graded with North Ryan Addition. No additional trees are planned to be removed with this phase. EERROOSSIIOONN CCOONNTTRROOLL The Developer is responsible for obtaining a MPCA Construction Permit for the site as well as maintaining the SWPPP for the site during construction. The permit requires that any changes made throughout construction must be documented in the SWPPP. A maintenance schedule for the establishment of vegetation in the basins must be submitted to the City for review prior to the start of grading. 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. The MS4 Administration Fee has not been collected on the parent parcels and must be paid with the final plat. RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the preliminary plat, site plan, grading and erosion control plan, and utility plan for North Ryan Second Addition, subject to the requirements and stipulations within this report. Page 223 of 223