Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02-05-2024 Agenda Packet
AGENDA CITY COUNCIL MEETING February 5, 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. Police Department Quarterly Update 6. Consent Agenda a. Check Register Summary b. Check Register Summary 1/30/2024 c. Minutes of the 01/13/2024 City Council Retreat d. Minutes of the 01/16/2024 City Council Meeting e. Minutes of the 01/22/2024 City Council Work Session f. Resolution Appointing Judges for March 5, 2024 Presidential Nomination Primary g. Resolution Approving Appointments to City Council Committees and Inter-Agencies h. Contract for County Boulevard Mowing i. Approve Resolution Amending Lakeville Fire Relief Association Bylaws relating to Pension Benefit Levels j. Approval of the purchase of pressure reducing valves, water meter fittings, and fire hydrant repair parts. k. Approval of the purchase of water main repair parts, locating materials, and anode bags l. Contract for public ash tree injection services and a bulk treatment program for Page 1 of 254 City Council Meeting Agenda February 5, 2024 Page 2 private property ash trees to Rainbow Tree Company m. Contract for water tank inspection and cleaning n. Proposal from Innovative Office Solutions for Antlers Park Pavilion Furniture o. Approve Amending the 2023 MSA Fund Budget (CP20-05) p. Contract for Central Maintenance Facility Tower Rehabilitation q. Approve Resolution Amending the 2023 General Fund Budget r. Resolution to Approve Amended Policy Change to Hours of Work Policy s. Resolution Calling Public Hearing On Unpaid Special Charges t. Resolution to Amend the Start Times of the 2024 Regular City Council Meetings and Work Sessions and amend the City Council Rules of Procedures u. Purchase Agreement with The Milligan Studio for Three Public Artworks v. Cedar Hills 6th Addition final plat w. Voyageur Farms 3rd Addition final plat 7. Action Items 8. Unfinished Business 9. New Business 10. Announcements a. Next Regular Meeting Tuesday, February 20, 2024 b. Next Work Session Meeting February 26, 2024 11. Adjourn Page 2 of 254 Date: 2/5/2024 Police Department Quarterly Update Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 3 of 254 Date: 2/5/2024 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview A summary of the claims paid during the period 01/01/2024 – 01/19/2024 is as follows: Checks 321462-321558 $1,964,674.63 ACH 15575-15688 $977,251.75 Electronic Funds Transfer (EFT) 20240012- 20240037 $1,777,791.56 Total $4,719,717.94 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 1.17.24CKSUM 2. Check Register 1.17.24 for Feb 5,2024 Council Mtg Financial Impact: $4,719,717.94 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 4 of 254 1/18/2024City of Lakeville 15:43:04R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 1/19/20241/1/2024 - Company Amount 579,844.9901000GENERAL FUND 13,488.7102000COMMUNICATIONS FUND 11,911.5704000BUILDING FUND 451,144.0904100EQUIPMENT FUND 2,315.8904125TECHNOLOGY FUND 134,425.0004161ARENAS CAPITAL IMPROVEMENTS 822.0004500PARK IMPROVEMENT FUND 26,878.61047002022 C PARK BONDS 94.3005200STATE AID CONSTRUCTION FUND 178,366.3005500WATER TRUNK FUND 2,500.000658622-03 210TH ST LKVL BLVD RECON 1,609.000659624-03 COLLECTOR RD REHAB 59,466.5607450ENVIRONMENTAL RESOURCES FUND 16,497.7607550UTILITY FISCAL ADMINISTRATION 16,568.0607575STREET LIGHTING FUND 50,214.4607600WATER FUND 957,275.3907700SEWER FUND 508,989.2107800LIQUOR FUND 2,472.7207900MUNICIPAL RESERVES FUND 57,127.2608000ESCROW FUND - DEVELOPERS/BUILD 2,430.2108910ESCROW - DCA/SECTION 125 388,691.8008950DAKOTA 911 - OPERATING FUND 23,849.9608954DAKOTA 911 - CAPITAL PROJECTS 70,084.3308970LAKEVILLE ARENAS - OPERATIONS 1,162,649.7609800PAYROLL CLEARING FUND Report Totals 4,719,717.94 Page 5 of 254 Date: 2/5/2024 Check Register Summary 1/30/2024 Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview A summary of the claims paid during the period 01/12/2024 – 01/31/2024 is as follows: Checks 321559-321704 $1,476,765.01 ACH 15689-15821 $900,527.71 Electronic Funds Transfer (EFT) 20240038-20240058 $17,411,838.65 Total $19,789,131.37 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 1.30.24CKSUM 2. Check Register 1.30.24 for Feb 5, 2024 Council Mtg Financial Impact: $19,789,131.37 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 6 of 254 1/29/2024City of Lakeville 11:02:49R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 1/31/20241/12/2024 - Company Amount 423,165.1301000GENERAL FUND 816.2002000COMMUNICATIONS FUND 1,027,358.00031162014 B REFUNDING BONDS 156.00031192017A HRA LEASE REV LIQ REF BO 1,733,779.00031202022 A REFUNDING BONDS 259,925.25031212022B GO TAXABLE BONDS HASSE 293,313.3803122"2022 "C" BONDS (PARK REF) 100,247.88031232023A PARK REFERENDUM BONDS 67,250.00032502020 A AMES ARENA PARKING LOT 394,908.01032512021 A APEX ENERGY SAVINGS 284,808.00032522021 B KEOKUK LIQUOR STORE 470,156.50032532022B TAXABLE GO REF BONDS 16A 56,748.00033152011 "A" IMPROVE BONDS 852,620.50033182014 "A" IMPROVEMENT BONDS 721,058.00033192015 A IMPROVEMENT BONDS 1,066,367.38033202016 B IMPR BONDS INCL 2015 P2 759,873.63033212017 A IMPROVEMENT BONDS 849,183.00033222018 A IMP BONDS 707,208.00033232019 A IMP BONDS 1,040,833.00033242020 A IMP BONDS 940,329.00033252022 "" IMPR BONDS 480,679.00033262022 "A" IMP BONDS 273,196.88034032015A STATE AID STREET BONDS 173,125.000353717 "A" ST RECON REF BONDS 292,333.00035382018 B ST RECON REF BOND (09A) 588,958.00035392021 C STREET RECONSTR BONDS 126,218.58035412023A STREET RECON BONDS 13,479.2504000BUILDING FUND 2,374.3404125TECHNOLOGY FUND 9,799.9304161ARENAS CAPITAL IMPROVEMENTS 14,288.5004200PARK DEDICATION FUND 2,672.0004401TRAIL IMPROVEMENT FUND 96,750.0004500PARK IMPROVEMENT FUND 329,993.94047002022 C PARK BONDS 46,568.38047102023 A PARK BONDS 86,460.62047202024 X PARK BONDS 50,467.7505200STATE AID CONSTRUCTION FUND 4,078.7505300PAVEMENT MANAGEMENT FUND 47,909.9105500WATER TRUNK FUND 752.0006000WORK IN PROGRESS 722.030658622-03 210TH ST LKVL BLVD RECON 57,640.250659524-02 STREET RECONSTRUCTION Page 7 of 254 1/29/2024City of Lakeville 11:02:49R55CKS2LOGIS100 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 1/31/20241/12/2024 - Company Amount 7,375.9907450ENVIRONMENTAL RESOURCES FUND 544,258.00075042016 A WATER REVENUE BONDS 1,879.93-07550 UTILITY FISCAL ADMINISTRATION 113,307.9307575STREET LIGHTING FUND 1,249,106.7707600WATER FUND 78,221.9707700SEWER FUND 1,056,569.0607800LIQUOR FUND 368,316.8307900MUNICIPAL RESERVES FUND 20,490.0708000ESCROW FUND - DEVELOPERS/BUILD 989.78-08910 ESCROW - DCA/SECTION 125 307,909.7708950DAKOTA 911 - OPERATING FUND 60,562.6708970LAKEVILLE ARENAS - OPERATIONS 1,237,310.0509800PAYROLL CLEARING FUND 09900 INVESTMENT FUND Report Totals 19,789,131.37 Page 8 of 254 MINUTES CITY COUNCIL RETREAT January 13, 2024 - 9:00 a.m. Environmental Learning Center at Ritter Farm Park 1. Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 9:00 a.m. Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Allyn Kuennen, Assistant City Administrator; Courtney Miller, Assistant to the City Administrator; Mike Meyer, Fire Chief 2. Staff Update of Key City Services a. 2023 3rd Quarter Financial Report City Administrator Miller provided an overview of the 2023 3rd Quarter Financial Report. b. 2024 Budget Recap Mr. Miller provided an overview of the 2024 Budget. c. 2024-2028 Capital Improvement Plan Mr. Miller discussed the 2024-2028 Capital Improvement Plan and highlighted several projects including Antlers Park, Avonlea Park, upcoming street reconstruction, and the I-35/County Road 50 interchange. d. Current Residential Development Projects Mr. Miller highlighted the current residential development projects. Council expressed desire to meet with the school district and share development information and to ensure all parties are on the same page. Council also added that it would like to see more City departments represented at upcoming career fairs. e. Staffing Update Mr. Miller provided an update on City staffing. The City Council will discuss employee benefits and retention efforts at an upcoming work session. 3. 2024 Schedule/Organizational Items a. City Council Rules of Procedure Mr. Miller indicated that the City Council Rules of Procedure have not changed since last year. Council stated that it would like to discuss the advisory board application process and term Page 9 of 254 limits at an upcoming meeting. There was also interest in surveying advisory board members. For the 2024 appointment process, Council will interview applicants on Saturday, March 2. b. Meeting formats/locations Council discussed the current meeting format, location, and time. It was agreed that, starting in March, Council meetings will move to 6:00 p.m. Work session meetings will move back to City Hall once construction is complete. Until then, work session meetings will be held at the Water Treatment Facility. c. 2023 Committee Assignments Council discussed appointments to City Council committees and inter-agencies. A resolution approving the appointments will go to Council on February 5, 2024. d. Schedule of Key Items/Events Council reviewed upcoming events in 2024. The Council discussed dates and locations for the Annual Advisory Board Appreciation Dinner. It will be held at Antlers Park on May 29. 4. Public Safety Discussion At the October 2023 work session, Council reviewed the Fire Department Facility study completed by CNH Architects. Council and staff discussed phasing options and various costs. It was noted that six full- time firefighters are scheduled to start in March. Council directed staff to move forward with temporarily remodeling Station One that will house the six full-time firefighters. Staff will continue working with CNH Architects for further steps. 5. City Council Priority Items Council and staff discussed several priority items that will come forward for more in- depth discussions at coming meetings. Some include downtown redevelopment, I-35/County Road 50 interchange, the public safety training facility, and cannabis zoning regulations. Staff will schedule these for upcoming work session meetings. 6. Lunch Delivered and Continued Discussion 7. Adjourn The meeting adjourned at 12:41 p.m. Respectfully Submitted, Courtney Miller, Assistant to the City Administrator Luke M. Heller, Mayor Page 10 of 254 MINUTES CITY COUNCIL MEETING January 16, 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; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3.Citizen Comments 4.Additional agenda information None 5.Presentations/Introductions a.Economic Development Annual Report Community Development Director Tina Goodroad presented the Economic Development Annual Report. b.2023 Annual Liquor Operations Report Liquor Operations Director Tana Wold Presented the 2023 Annual Liquor Operations Report. 6.Consent Agenda Councilmember Lee asked the City Council to remove Item 6d United Christian Academy Comprehensive Plan Amendment from the Consent Agenda for further discussion. Motion was made by Wolter, seconded by Bermel, to remove item 6D for discussion and approve the consent agenda as amended. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 6d. Resolution No. 24- 007 United Christian Academy Comprehensive Plan Amendment Community Development Director Tina Goodroad provided a brief description on the United Christian Academy Plan Amendment. Page 11 of 254 City Council Meeting Minutes January 16, 2024 Page 2 The Council discussed the water and sewer connections for this property. Motion was made by Bermel, seconded by Wolter, to approve a resolution amending the 2040 Comprehensive Plan, and an ordinance amending the Zoning Map for United Christian Academy (UCA). Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary b.Minutes of the 01/02/2024 City Council Meeting c.Resolution No. 24-06 to approve Plans and Specifications and Set a Bid Date for 2024 Street Reconstruction Project d.Resolution No. 24- 007 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 No. 24-009 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 l.Release and Partial Release of Development Contracts m.Resolution No. 24-010 Approving 2024 Position and Classification Plan for Full- time Fire Fighters and Captains n.Resolution No. 24-011 Approval of the Construction Contract with Minnesota Dirt Works for 2024 Stormwater Management Basin Rehabilitation o.Resolution No. 24-012 Approval of Funding Application for 2023 State Safe Routes to School Infrastructure Program 185th Street Expansion 7.Action Items a.North Ryan Second Addition Mike Lexvold, a member of the Dakota County Facilities Management team, presented the North Ryan Second Addition project. The proposal includes an 11.97-acre parcel to be used for a recycling waste facility, called Recycle Zone Plus, which will be located south of 215th Street. The staff report was presented by Community Development Director Goodroad. The proposed use of the property for the Dakota County recycling facility requires a Page 12 of 254 City Council Meeting Minutes January 16, 2024 Page 3 conditional use permit within the O-P (Office Park) District. The approval of the final plat will require the vacation of existing drainage and utility easements. The final plat will be presented at an upcoming regular meeting. The Council members asked questions regarding the use of the property, transportation connections to the facility, and the orientation of the entire project on the lot. A motion was made by Wolter and seconded by Bermel to adopt the resolution approving the preliminary plat of North Ryan Second Addition. The motion also included the adoption of the resolution to vacate the drainage and utility easements, and the approval of the Conditional Use Permit to allow a government building in the O-P (Office Park) District. The findings of fact were also adopted. The roll call was taken on the motion, and the following members voted in favor: Hellier, Bermel, Lee, Volk, Wolter. 8.Unfinished Business None 9.New Business None 10.Announcements a.Next Work Session, January 22, 2024 b.Next Regular Meeting, February 5, 2024 11.Adjourn Motion was made by Volk, seconded by Bermel, to adjourn at 7:11 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 13 of 254 MINUTES CITY COUNCIL WORK SESSION January 22, 2024 - 6:30 PM Lakeville Water Treatment Facility 1. Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:30 p.m. Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Julie Stahl, Finance Director; Allyn Kuennen, Assistant City Administrator; Courtney Miller, Assistant to the City Administrator; Brad Paulson, Police Chief; Tina Goodroad, Community Development Director 2. Citizen Comments None. 3. Discussion Items a. Legislative Roundtable and 2024 Legislative Priorities Mayor Hellier thanked the legislators and other elected officials for making time to attend the work session. The Mayor provided an overview of the 2024 legislative priorities that were adopted at the December 18, 2023, City Council meeting. Council and elected officials discussed the priority items including state mandates on local authority, school resource officers, and capacity improvements at County Road 50 and Interstate 35. b. Regional Public Safety Training Facility Preliminary Design Assistant City Administrator Kuennen provided background on the regional public safety training facility and introduced representatives from Leo A Daly, the architectural firm developing plans and specifications for the project's construction. Representatives from Leo A Daly presented their findings to the Council. They identified the former Public Works Facility as an ideal site. The proposed facility would have range spaces, range support spaces, reality-based training, a mat room, a virtual reality space, and a classroom space. The building would be 46,339 square feet. The preliminary cost of construction, including base construction and construction of a warehouse, is $21,480,834. The preliminary project cost, including construction cost and soft costs is $24,257,423. State funding that the City has already received would cover $7,170,000 of the total cost. Leo A Daly staff explained possible ways the City could structure its contractual options it offers to other agencies. Further, Leo A Daly Page 14 of 254 City Council Work Session Minutes January 22, 2024 Page 2 conducted a survey of area public safety agencies to better understand interest, needs, and willingness to subscribe at the various rates. Phase Two of the project includes: • Design o Begin in February 2024 o Anticipated completion by November 2024 • Bidding/Negotiation o Anticipated completion by February 2025 Phase Three of the project includes: • Construction o Anticipated start by April 2025 o Anticipated completion by April 2026 • Move-In and Open For Business o Closeout anticipated completion by May-June 2026 o Open to agencies anticipated July 2026 Council discussed the ongoing operational costs, potential ways to cut costs, and names for the facility. Council directed staff to define the costs further and continue discussions with potential partners. c. Lakeville Fire Relief Association Pension Amendment Request Dan Quam, President of the Lakeville Fire Relief Association Board, provided an overview of the association's pension amendment request. Mr. Quam stated that in less than two months, the Lakeville Fire Department will evolve into a hybrid department with both full-time and traditional paid-on-call (“POC”) firefighters providing fire and rescue services to the City of Lakeville. He added that the viability and success of this transition is conditioned on maintaining a strong and committed foundation of at least 50 POC firefighters. The POC membership has expressed concern with retention, recruitment, and cultural solidarity. Mr. Quam stated that the Lakeville Fire Relief Association Board has invested significant time and effort over the past 12 months to organize and address the members' concerns. As a result, the Lakeville Fire Relief Association requests the following changes to its pension: Vesting Schedule Change: • Current: Full vesting at 20 years; partial vesting initiating at 7 years of service (48%) • Request: Full vesting at 20 years; partial vesting initiating at 5 years of service (40%) Annual Pension Benefit Level: Page 15 of 254 City Council Work Session Minutes January 22, 2024 Page 3 • Current: $12,000 • Request: $15,000 Mr. Quam added that this request is supported by both new and long-tenured POC firefighters and aligns with the substantial increases in personal risk and overall time commitment directly attributable to Lakeville’s significant growth. It is also consistent with other neighboring departments’ improvements to their respective pension benefit plans. Council discussed potentially phasing in the annual pension benefit level but ultimately directed staff to move forward with both requests as written. Staff warned the board that if it requests Council's approval in the future to change the full vesting schedule to 10 years, it could be detrimental to the fund. The board understood and thanked Council for its support. d. Cannabis Zoning Discussion Community Development Director Goodroad provided an overview of cannabis zoning restrictions. She stated that cannabis legalization was signed into law on May 30, 2023. The new state Office of Cannabis Management ("OCM") will begin licensing commercial growing, processing, and retail sales as early as January 1, 2025. She stated that cities will be responsible for registration. If a business has a valid license issued by the state, passes compliance checks, and has paid all fees and taxes, the city must issue registration. Minnesota state statute requires cities to issue at least one registration per 12,500 residents. Ms. Goodroad stated that local ordinances can be adopted to regulate reasonable restrictions on the time, place, and manner of operation of a cannabis business. The statute describes setbacks that may be incorporated into ordinances, such as 1,000 feet from a school and 500 feet from a daycare or residential treatment facility. Staff asked for the Council's direction on zoning districts for cultivation, manufacturing, distribution, and retail locations (dispensaries) and whether the uses should be permitted, conditional, interim, or accessory. The Council discussed various restrictions. The Council indicated that it would be interested in establishing 500-foot restrictions from schools. 4. Items for Future Discussion None. 5. Committee/ City Administrator Updates Hellier: Attended a recent joint meeting between the Dakota County Mayors/Managers and the Dakota County Community Development Agency where they discussed potential and allowable funding uses. Bermel: Will be attending the Dementia Friendly Cities Kickoff at the Heritage Center on January 25. Page 16 of 254 City Council Work Session Minutes January 22, 2024 Page 4 Lee: Will be attending the upcoming ALF Board meeting on January 25. 6. Adjourn Motion was made by Wolter, seconded by Bermel, to adjourn. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter The meeting adjourned at 9:35 p.m. Respectfully Submitted, __________________________________ Courtney Miller, Assistant to the City Administrator ____________________________ Luke M. Heller, Mayor Page 17 of 254 Date: 2/5/2024 Resolution Appointing Judges for March 5, 2024 Presidential Nomination Primary Proposed Action Staff recommends adoption of the following motion: Move to approve resolution appointing election judges for the March 5, 2024, Presidential Nomination Primary. Overview Minnesota Statute provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality. The appointments must be made at least 25 days before the election. The attached resolution includes a list of judges to be appointed for this election. Additional judges may be assigned as needed. Supporting Information 1. 2024 PNP Election Judge List Financial Impact: $ Budgeted: Yes Source: Elections Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 18 of 254 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION APPOINTING JUDGES FOR MARCH 5, 2024 PRESIDENTIAL NOMINATION PRIMARY WHEREAS, Minnesota Statute provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality; and WHEREAS, the appointments shall be made at least 25 days before the election at which the election judges will serve; and WHEREAS, guidelines have been established for the appointment of election judges; judges must be able to: • read, write, and speak English; • carry out instructions given by election administrators and Head Judges; • learn and follow current election laws as provided by Minnesota Statute; • answer questions and provide clear instructions to voters; • work well with other election judges and the general public NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota, that the individuals listed on the attached exhibit are appointed to serve as election judges for the March 5, 2024, Presidential Nomination Primary at the hourly rate of $13.00 for election judges and $15.00 for head judges. BE IT FURTHER RESOLVED that the City Clerk and/or the Deputy Clerk shall be authorized to appoint additional judges to conduct this election. DATED this 5th day of February 2024. CITY OF LAKEVILLE _________________________ Luke M Hellier, Mayor _________________________ Ann Orlofsky, City Clerk Page 19 of 254 Mary Akonu Steven Granneman Shari LaFavre Alan Rybak Diane Anderson Britni Granquist Catherine Langord Wall Heidi Samuels Mary Ann Arneson Gerald Grenz David Larson Johanna Sawatske Michael Atkins Marian Gritche William Larson Steve Schnell Connie Backhaus Raymond Gritche Jerry Laugerude Debra Schoenbauer Rachel Barnett Lynae Grossman William Lenarz Louise Seigworth Karla Barrett Laurice Gustafson Kathryn Lewis Susan Sheppard Jean-Marie Baudhuin Marie Hansen Diane Lind Jacob Simmons Janet Beihoffer Jan Hanson Linda Lindberg Joyce Sinding Janice Bentson Stephanie Harnois Stephanie MacDonald Ann Sittig Mardell Bentzen Gloria Hartman Kevin Marsh Charles Smith-Dewey Joan Bindner Benjamin Hastings William Maxwell Elise Smith-Dewey Jessica Biskupski Jeanne Heaney Michael Meyer Bob Smits Stephanie Brady Jackie Heinis Mike Michels Sheri Soens Carroll Brooks Ellen Heisel Karin Miller Rod Stemme Roxanne Busch Dave Heitz Susan Mitlyng James Strande Dianne Carbonneau Bob Helman Barbara Moon Sandra Sullivan Peter Carlson Dodi Helman Barbara Mutch Kaia Swetala Amy Carlson Jessica Hillis Mark Naumann Patrick Swetala Dennis Chick Nancy Hochbein Deborah Nelson James Swirtz Mary Christensen Tania Hochhalter Devon Nielsen Mark Tessier Devon Christianson Shelby Hoffman Judith Nord Michelle Tetreault Larry Clausen Candice Hojan William Norton Beth Thelen Olivia Colford Arinda Hoke Kaye Ochsner Janet Thompson Mardell Collins Terry Hoke Shannon Olson Jeannine Thyren Jackie Craig Brenda Horak Sara O'Reilly Linda Torgerson Cynthia Daniels Tom Housenga Talia Owen Karen Torrez Anthony Davlin Debra Hurston Susan Pastika Mark Traffas Brenda Dolejs Kayla Irish Chuck Peterson Susan Tvedt Fred Drexler Richard Jacobson Andrea Phillips Trace Ulland Mark Dunnett Susan Jain Dianne Piekarski Marlene Walsh Emily Dvorak Daniel Jensen Theodore Pillera Carol Ward Lisa Ebaugh Teri Johnson Michelle Pine Dennis Ward Cynthia Englund Kelly Jones Mark Prinsen Brian Welter Melissa Field Terrence Joyce Steve Rall Chelsea Wheat Stanley Fleming Brianna Kiecker Diana Regenscheid Arliss Williams Timothy Fohr Barbara King Zach Reuvers Daniel Wolter Charles Glover Amy Kingsley Mike Richards Sonja Ziemann Wayne Golembeck Patti Kluge Janet Ringberg Donald Gordhamer Laurisa Koch Matthew Roeckers Marilyn Gordhamer Steven Koch Wayne Rons Eileen Goren Steve Krebs Theresa Royse Page 20 of 254 Date: 2/5/2024 Resolution Approving Appointments to City Council Committees and Inter-Agencies Proposed Action Staff recommends adoption of the following motion: Move to approve appointments to City Council committees and inter-agencies. Overview Each year, the City Council makes appointments to various internal and external committees and agencies. The attached resolution reflects the City Council's discussion at its annual goal setting retreat. Supporting Information 1. Resolution Approving Appointments to City Council Committees and Inter-Agencies Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Courtney Miller, Assistant to the City Administrator Page 21 of 254 CITY OF LAKEVILLE RESOLUTION NO. 24- RESOLUTION APPROVING APPOINTMENTS TO CITY COUNCIL COMMITTEES AND INTER-AGENCIES WHEREAS, the City Council believes it to be advantageous to facilitate the duties and responsibilities of the City Council by Committee and Inter-agency assignments. NOW, THEREFORE, BE IT RESOLVED that the following City Council committees and inter- agencies are hereby established, and appointments thereto are approved for 2024: INTERNAL COMMITTEE/COMMISSION COUNCIL MEMBERS (*STAFF) MEMBER(S)ALTERNATE Economic Development Commission Hellier (Ex-officio)*Miller (Ex-officio) Fire Relief Association Lee (Ex-officio)*Meyer, *Stahl (Ex-officio) Liquor Committee Wolter Bermel N/A Personnel Committee Lee Volk N/A Public Safety Committee Lee Bermel N/A EXTERNAL COMMITTEE/COMMISSION ALF Ambulance Lee Hellier Dakota 911 Board of Directors (Two-year term 2024-2025) Bermel Wolter Lakeville Arenas Board of Directors Volk *Miller Bermel I-35 Solutions Alliance Wolter *Johnson *Oehme League of Minnesota Cities (including appointments/ subcommittees on behalf of LMC) All City Council N/A Page 22 of 254 Metro Cities (including appointments/ subcommittees on behalf of Metro Cities) All City Council N/A Housing and Redevelopment Authority All City Council N/A Municipal Legislative Commission (MLC)Hellier *Miller N/A Airlake Airport Advisory Commission (ALAAC)Bermel *Goodroad Wolter *Bachmayer Dakota Mayor/ Manager Meetings Hellier *Miller N/A Downtown Lakeville Business Association Hellier Volk Chamber of Commerce Access and Issues Committee Bermel Wolter N/A Regional Council of Mayors (including associated groups/ committees) Hellier N/A LOGIS Board of Directors *Kuennen *Miller ADOPTED by the Lakeville City Council this 5th day of February 2024. Luke Hellier, Mayor Ann Orlofsky, City Clerk Page 23 of 254 Date: 2/5/2024 Contract for County Boulevard Mowing Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Gonzo Bros. Landscaping LLC for County boulevard mowing. Overview A joint powers agreement with Dakota County was approved in 2022 allowing the City to mow selected boulevards to a higher standard then what is offered by the County. The County will reimburse the City $25,000 to mow the boulevards. The City will pay for the additional cost to mow the boulevards to a higher standard. The contractor is to mow the designated County boulevards once every two weeks. This is the same level of maintenance on City maintained boulevards. Dakota County staff will continue to mow the remaining sections of boulevards three to four times per year. In December, City staff requested proposals from four contractors for standard Dakota County boulevard mowing. Proposals were received from three contractors with Gonzo Bros. Landscaping LLC providing the lowest proposal. Staff has checked Gonzo Bros. references and recommends approval of a contract. Supporting Information 1. Dakota County Blvd Mowing Contract Proposal 2024 2. RFP Results - Dakota County Blvd Mowing 3. Dakota County ROW Mowing - Exhibit C Financial Impact: $64,300.00 Budgeted: Yes Source: General Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Paul Oehme, Public Works Director Page 24 of 254 200852v4 CONTRACT FOR SERVICES DAKOTA COUNTY BOUL EVARD MOWING 2024 AGREEMENT made this 16th day of January 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and Gonzo Bros. Landscape 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 Dakota County Boulevard Mowing Standards dated 2024, attached hereto as Exhibit A, 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 even t 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 dire ctly 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 2, 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 Document s. All services not conforming to these requirements shall be considered defective. 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 Page 25 of 254 involved. Changes in the Contract Price shall be based upon the prices identified in the Proposal Form provided as Exhibit B or negotiated between the parties based on similar work provided in the Proposal Form. 8. UNAUTHORIZED WORK. Additional w ork 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 $64,300.00 as per the Proposal Form attached hereto as Exhibit B from May 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 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 and Dakota County, their 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 . Page 26 of 254 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 self -employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 16. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statutes § 471.425. Contractor must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Contractor’s receipt of payment from City. Contractor must pay interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of One Hundred and no /100 Dollars ($100.00) or more is Ten and no/100 Dollars ($10.00). 17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 18. 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. 19. 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 he rein. Page 27 of 254 20. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, provided Contractor is not in default of the Contract, the City shall pay the Contractor for completed Wor k. CITY OF LAKEVILLE Gonzo Bros. Landscaping LLC BY: BY: Luke M. Hellier, Mayor AND: Its: Ann Orlofsky, City Clerk Page 28 of 254 Exhibit A 2023 DAKOTA COUNTY BOULEVARD MOWING C ITY PROPERTY DESCRIPTIONS / LOCATIONS & MOWING STANDARDS Section 1 – Location 1.1 Dakota County Boulevards As noted on Exhibit C , does not include round -a-bout maintenance. 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 Mowing 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. Contractor shall coordinate the work with the City of Lakeville Streets Superintendent . 2.3 Cutting Intervals All boulevard and center medians noted on Exhibit A shall be mowed at a maximum of 15 day intervals (bi-weekly). All signs, post, water hydrants and other structures shall be trimmed bi- weekly as requested by the City of Lakeville Streets Superintendent. Boulevards shall include area between edge of road or curb to trail/sidewalk and 4 feet beyond trail/sidewalk. 2.4 Height of Cut All grass shall be kept mowed to a minimum height of 2.5" and a maximum height 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 City reserves the right to change the height of the cut with proper notif ication 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 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 evenly dispersed or promptly bagged and properly disposed of. Page 29 of 254 Exhibit B BID FORM 2023 DAKOTA COUNTY BOULEVARD MOWING FOR THE City of Lakeville, Minnesota 20195 Holyoke Avenue, Lakeville MN 55044 Company Name: City, State: Name: (please print) Authorized Signature: Date: Phone #: (work / cell) LOCATION 2024 1. Dakota County Boulevard Mowing $____________ Page 30 of 254 Contractor Dakota County Boulevard Mowing VonBank Lawn Care Inc. $71,500.00 Gonzo Brothers $64,300.00 Lakeville Lawn Care $65,200.00 Dakota County Boulevard Mowing RFP Results 1/4/2024 Page 31 of 254 I T A L Y AVE210TH S T W JASPERCT HARLOW P ATH HAWKSBILL DRFRANCONIACT1 73RDC T WKENTUCKYAVE HERS HEYCTF INLAND AVEKAFTA N C T2 1 1 TH ST W 208TH ST W GARLA N DHANOVER AVE 22 2 ND S T W 1 66 T H STW GLACIERAVEHOMESTEADCTIXONIACTFIRESTONE CIR KENWOODTRLGUNFLINTC I R DU VANE WA Y19 7 T H S T W DODDBLVDHONEYCOMBPATH182ND ST W GLANSHAW AVEEVENING TER 161ST ST W IDENAVECT G AGE AVEJU R A T R L O R C HARD C T FAIRFAXAVE179TH S T WKI NGSW OO D DR G LE N CO E C IR EXPE R T CT DREAMLNINDIA C IR HOYACTEVELETH C T 178THST W LAREDO PA THIMPERI A L CIR F L OUND E R H A V A N A KENY ONAV E KE TCHI KAN TRLFERNA NDOWAYINDEPENDENCECTIDAHOAVEHOMESTEA D T R L 175TH S T W UPPER UP PE R 164TH ST W D U R A N G O TRL GROMMET AVEGEMI N ITRL1 8 4 T H ST W 176TH S T W JOP LINWAYGARRETTJUT L A N D P L 187TH S T W HIGHVIEWAVE200TH S T W 192ND S T W IKARIA CTHIGHVIEW AVE168T H ST W 166THCT W 193RDSTW FIRESTONE PATH FR A N C HIS E A V E KAISER CIR IN NDALE DR 175TH ST W HIN K LEYA V EHOMINY P A T HGROVE TRLHYACINTH WAY HAMMONDDRFOXB O RO CTHUNTINGTONPATHHARBORCT K ENSINGTONBLVDUPPER 179TH ST W 190TH S T W HARBORDR 19 1ST ST W F I E L D C R E S T AVEJAZZ C T GERDINEPATH456750 HOLT AVEICELAND AVEGRESFOR D LN183RD STWLINCH AVE HE A RTHCTHILLWOODAVE LAIGLEAVE214TH S T WHEYWOODCTIR V IN ELNJADE CTJACKPINE TRLHEMLOCKCT162ND ST W PATHGLADE AVEJO Y AVEEUCLIDAVEKING S PL FORBESAVEGRINELL A VE CLEOPATR ADRJA S MI N E C T GOODHUEAVE I NLETROADFLORAL P AR K C IR E NFIELD WAY175TH S T W GRASSHOPPER DR456770 169TH S T W GALLI FRE Y WA Y GAMBREL PATH GAGECTFISHINGAVEISL E T O N WAY IREGLENPATHJONQUILAVE IMPATIENSWAY 19 9 T H CT W LOWER208THST W JAMBEA U C T 45679 HAMILTON DR 173RD S T W ENVOYW AY JEWEL AVE I CELANDCT177TH S T W HYLAAVEPILOT KNOB RD H OL LY H O C K C T JAVA PATHICEFALLT RL HALIFAXPATH215TH ST W GREENVIEW CIREL M C REEKLN17 7 TH C I R W 170TH ST W GEORGETOW N W AYFRA N C H IS E C T EXCELSIOR DR 175TH ST W HOLLAND AVEIC O N C T K E Y S TONEPA TH 172ND ST W KEARNEYPATH210TH ST W HARWELLCTFALKIRKTRL 2 07TH S T W GLEAMING CT JONQUIL AVE F A R ADAY L N JA S MINEWAY210TH ST W DRAFTHORSE BLVDDRAFTHORSE BLVD 1 6 2 N D ST JAMAIC ACT GR A P HI T E LN 177TH ST W I MPERIALCTGRIFFONTRLDUPONTAVE ESTATELNFIELDCREST AVE GAV E L LN JU NIPER WAY UPPER 167TH S T W B A R N D R J UPITERC T HALOAVEHI DDENCREEKTRL HOLYOKE AVE JACKR A BBITPATH HIL L SBORO C T 209TH ST W FIRELI G HT WAY EMBERS AVEELKWOOD AVE170TH S T W J A C K P IN E C T GRI NNELL AVEFIRESTONEPATHUPPER 2 0 6 T H S T WKL A M AT H TRL GRENOBLE AVE F R A Z E RWAY ENDEAVOR LNID E A L W A Y 1 97TH S T W HAR R O W C T177THSTW KN OLLSPATH JUNECTIXONIAPATH205TH ST W UPP ER205THST W HAZELNUTAVEHYACINTHAVEGOODHUEITENCTSK E Y W E S T C T JU NE BERRY CT 195TH S T W KALMARCTFORMOSAAVEEASTWOOD AVE UPPER 2 0 9 T H S T W JACQUARDCT FI N D L A Y W A YKENRICK L OOP163RD ST W 210TH S T W 207THST WHUMMINGBIRD185TH ST W HANCOCKAVEFLINT AVE JARREAU CTLOWER 161ST ST W F R UI TWOOD PATH FOREST S T 217THSTWLAKEOAKCIRJOPLI NW A YFRANCHISEAVE176TH S T WINCLINE W A Y 456723 G L A SGOWWA YG E O R G E T O WN C TGAN N O N A VEHEIRL O O MJAFFNAPL GALAXIE WAY HARM O N Y TRL 204TH S T W 175TH ST W E A S T LAKE T R L KENORA WAY ISLANDVIEW C I R198TH C T W HAMPSH IRE W A Y JAGUAR CIR C TEARLYDAWNTRL KENSINGTON CT ST W 207TH S T W IDLEWOOD CIR GREENSTONEGAND ER LN 173RD S T W FAIRH I LLAVEEDINB URGWAY181ST ST W KEYSTONEAVEEUCLID AVE160TH ST W KENRI C K AVEJASPERCTH E R S H EY AVE203RD S T WIRONRIVERTRLICELANDTRLITHACALN174THCT W GANNO N C T EVEREST PATH INSPIRATIONPATH GALERY D R KI N G SCT JERSEY AVEHIGHVIEWAVEH YD RA CT FLUSHINGFIRESTO N E C T KALE WAY HAVELOCKWAY EQUESTRIA N T R L INDIAAVEGARGOYLELNKETTLE R I VERCTA STERBILT LN HURLEY AVEJ O R D ANCIRJAVELIN AVE I R E N I C AVEITALYAVE 1 8 3 R D S T W GOLD EN45679 J U D I C IAL W A YNIMPERIAL WA Y HOU S T ON AVEKENRICKAVEI NLA N D C T173RDCIRELM CREEK CTDIAMONTEGAUNTLE T CT KENRICK CT CTBRUTUS D R175TH ST W KEOKUKAVE168TH ST W 1 6 3 R D S TWKE NS I NG TON WA Y IBERISAVEIT T A BENA W A Y JUBILEE W A Y HIDDENWAYK E N D A L E DR DULUTHTR L ISMAYCIRHAVENAVEJO N Q UIL T R L E S T A T E K ENY O N A V E EVENTIDE WAYEXCELSIORCIRKA N A B E C C T ICON TRL E ASTWOODA V E G ARLAND WAY GATEWAY DRGINSINGWAYIVY WOODCTFAIRMONT AVE 16 6 T H STW G L E N OAKS C T IC ALE E P A T H JADECIRI RIS W A Y HOLIDAY AVEROM E O DRJAVATRL JUREL CT HAYESAVEHARD I N G LN170TH C T W GARNERA V E 198THSTWJALISCOWAY HILLS CT KLA M ATH TRL FLORIDA WAY GLENBRIDG E AVE 175TH S T W FL ORIDACTFAIRMEADOW WAY I NUITLN JUREL CIR 191ST CT 217TH S T WJORDANCTJASPERPATH 172ND ST W H U TC H INSONCTFALKIRKCIR1 83RD ST W HEIDELBERG WAY FIELDCRESTAVE1 6 3RD ST W G E R M A NECT204 T H S T WJAG U ARAVEHYDRA CT CEDARAVEKENRICK AVEKIRBEN AVE162ND S T W IT A S CALN 194 TH ST W HUNTERCT HOWLANDAVEK E NRIC K A V E 179TH T RL W PATH 208 TH ST WHYS ONPATHHAMELDR179TH ST W 167TH ST W JA S M IN E P A T H WAYIXONIAAVEINGRIDCTHARTLIN 211T H S T W IREL AND CTIPAVAAVEGARCIA W AY D U N FIELDDRHUGHESAVEHAZELWOO D TRLHINTON CT E V E N F A LL AVE W INNSBROOK D R IDAH O A V EHIL LCRESTAVEJAEGERPATHJURELWA Y HIBISCUSAVEWAY1 68 T H S T W 167 T H ST W 210TH ST W ITALY AVEH A Z E L N U T C T EVERSHED WAYGERDINEPATH167TH STW GRANVILLE LN H I C K O RYTR L176TH S T W FROSTCTJ A LIS CO CTE V E N I N G K E N RICK AV E 172ND STGUNFLINTTR L 162ND ST W LAKEVILLE B L V D ISLETO NCTI R E D A L E C T UPPER205THST W IBERIAAVELAYTON C T JAY BELLCTGENEVA TRLJAVELLIN AVEDODDBLVDIONIAPATHINLAND CIR P A T H FREEPORT WAYJERSEYAVE HYDRA CIRCOUNTRYVIE W T RL KENRICK AVEJUDICI ALWA YSJARRETTCIR167T H S T WDURHA M D R IN GL E W O OD DRKEOKUK AVEISL A N DTERJACKPINETRL 165TH S T W HORNBEAM AVEJAGUARCTUPP E R 1 7 9 T H ST WIDESCIR162NDST W 162ND ST W JAMESWOODCTHUXLEY A VE HAVENCTIRWI N D A L E C T HAMILTONCT LNJUPITER P ATH J ACQUARDPATH1 78TH STW HOLLYBROOK TRL FONTINA P A THFORTUNETRL 45675 165TH S T WJUDICIAL RDGEYSER C TJOP LIN AVEHAMILTONDR166TH ST W JACOBITE CTJAVACTNHUNTLEYTRL185 T H S T W 197TH S T W LAKE COVE CIR GAL LE O N CI R1 73RD S TW 211TH S T W HAMPTONAVEJ U N E L L E PATH JAVELIN CT HYA C I NTHCTP ATHFALLBROOK D R 167TH ST W G RINNE L L CIR HO U NDSDRJ A VA CIR FLOUNDER AVEDODDLN198TH ST W 17 5 TH C T W FIE STAAVEHAMBURG AVE §¨¦35 ELD E R A VE 164TH ST W 2 0 2 N D ST WHAMBURG AVEISO T O PE TRL IPSW I CH W A Y 456731 HARVA RD DR HARVESTDRHI B B IN G WAYG R E E NBRIA R L N 1 6 5 T H S T W JAMESTOWN AVEISLETO NAVEG R E Y H A V E NPATHIMPALAAVEG L A D S T O NETRLHURLEYCTIBISAVEIXONIA AVE G OODLAN D PATHLI NCH AVEGALLECTFINCH P A T H UPPER 164TH ST W IM PALA AVEIONIA CTJUN ELLECTHYD E PARK A VEIDL EW O O D C TICOSA ST 164TH S T WJAGUARA V ELANSFORDPATH UPPER 1 7 1 ST ST W H URONP A TH GARVEYLNSTEVENLN1 69TH ST W162NDSTWPATH IRONS T O N E W A Y DUSKWOODTRLCTITALY AVEHEMLOCKAVEJOYC T HARTFORDW AY J AMISONPATHG ANNON WAY F I E LDCR E S TAVE16 1 S T S T W UPPE R 196T H W AYW EVELETH AVE WEUROPAAVE W JOPLI NP ATHKENTTRLD ODD BLVD 201ST ST WKENYON AVE §¨¦35KRAFTONAVE 163RD STW 163RD ST W KAISER CT INDEPENDENCE AVE 218TH ST WKENMOREDRITERIAVECT SHAKE S PEA R E B LVD 178TH ST W 178TH ST W K O D IA KCTHILLS C T GE NE S E E A V E W CRYSTA LHILLSLN456746 209TH ST W IPAVA AVEIBEX AVEHOUSTON WAY ESSE X L N J A GUAR PL 168 T H ST W GLOBE DRGOLDENRODAVEFULDACIRKENYONAVE190TH ST W 177TH ST W KLAMATH T E RHAYES AVEHAMBUR G A V E206TH ST W 205TH ST WJASPER PATHHYDEPA R K A V E GI LLETT E WAY176TH ST W ANN E L N HIDEAWAY T RLIDALIAPATH FALCONAVEHAVE R HI L L CIRGIBB ON CT 16 8 TH ST WHIG H V I E W A V E1 9 9 T H STW HERITA G E D RINMANTRL S T W GO O D VIE W T R L HOLT AVEG R A N I T E165TH ST W IR WIN T ONCIR FESTAL A V E ENCHANTED CTJENKI N S WAYJASMINE AVE ITERI A VE GLASSWORT DR1 7 9 T H S T W HUMBOLDTRDIDLEWOOD WAY INTERLACHENCTFOLIAGEAVEAVECEDARAVEKENMORE CT GARRI SONLN188TH S T W KENWOO D WAYIRONWO O D C IR1 74TH S T W 164TH ST W DOPPLERLNJAVARICT HUBBARD T R LJU PITERAVESHIRLE Y L N GOODLAND CTHAYESAVEHYAL IT E DRJACK S ONTRLJACAMARWAY 173RD S T W K E N N A R D C TITASCATRL202ND S T W GAB A RDI N E L NJASMINE AVEFRENCH AVEFLORINAVEKABERA TRL JACKSONVI L L E CT 17 3 R D S T W F AR CRYWA Y 1 9 6 T H ST WINDORATRLJACQUARDPATH JASMINECIRLAREDOAVEGREENTREE PATH GAGE W A YOAKCU R V HOLIDAYAVEHAMELDREXETER AVEKEYSTONEC T 1 71ST ST W H A R WE L L A V E DIMENSIONAVEEAGL EVIEWDR 163RD ST W ISTRIACT190TH ST W EYE PATHGR E ENLANDP A TH INTE R L ACHENHEATHCTHOLYOKE AVEF L A G ST A FF WAY W 161ST ST W IT ER I C T W GATEWAYDRJ A GUA R PATHKI NGSWOODCI RECLIPSE A V EJUDICIAL RD CT HOLLINSAVEJARL CT GLACIERWAYJA V E LINCT167 TH CT W UPPER 1 67TH CT W 169TH STHURONCT H ARVEST DRKABOTCOVE L N JONQUILAVE175THSTW KLA M A THTRLENGLISHPATH16 7T H ST W KENYON AVE 161 S T S T W ICEFALL WA Y HULLAVEGREENWOODICON T R L 2 2 0TH ST W FI S H ING WAYFISHING AVEINDIO PA THIRVINE TRLIXONIAAVE170THSTW 16 9 THST W FO LS O M PATH162NDSTW ICEN I C T R L FINESSE TRL RITTER T RLHUDSONCT HALLMARKPATHNORTH CREEK LNIRELANDWAYHOLDI NGFORDWAY207TH ST W JO N A THANCTHAMELCTGL A C I E RWAYJACQUARA AVE2 05 TH ST W GUTHRIE DRJUBILEECIRSHIRLEYCIR UPPER 1 63RD CT W JA GU A R T E R INMANCTJANNEVA RCTIDAWOODPATHGRIFFON TR L HAMLETLNIN LAND LOOP§¨¦35 CRYSTA L IN G LEW OO D C T 202ND ST W G A T E WAY CT ISM AY CT JUNIPER P A T H 188TH ST WINCAAVEJUDICIALRD HE I DE L B E RG W A YISANTICT GLENOAKSRDITERI AVEHONEY COMB WAYJORDAN T RL 189TH ST W F ONT A NAPA THEAGLEVIEW L N ISLE AVE 201ST S T WHARRISBU RG W A Y CT KN O L LW OOD CIR HERSHEYCT HAVELO CK W AY HENNI NGAVEJOS IE R D INNSBROOKCIRISLAND A V EFRASER PATH FIELDCREST CTGENESEE CTJACQUARD AVE 179T H ST W EXLEY AVELAKEFORE S T CIR JASP E RLN G RIFFON L N 168TH ST W ITE R I LN G A L VE STO N P LITEN CT N H U N TSVILLET RLHUNTLEYTRLI RWI N D A L EWAY1 6 8TH C T W HENNIN G AVE HUMMING BIRD LNIRONRIVERCT FLAGSTAFFAVE W 1 7 0 T H ST W ELKHOR N T R L IN D IG O R D GREEN B R I A R C T HEYWOOD AVEEVENTIDEWAYLANE SBORO C TLIONS C T EVENTIDEWAY 1 7 1 ST ST W 162ND ST W KACHIN A C T RICKY L N HILLSID ECTIR EDELL C T HI LLDALE AVEJORDANCT NKODIAKAVE 169TH S T W EAGLEVIEW DRGRIFFONCTJAVELIN W A Y 180TH ST W I N V ER NES SWAYIXONIALN1 79 T H S T W H Y A CI N T H C T JUSTIC E W AY 185TH ST W FAIRGREENA V E HYL A ND AV E HAWTHORNPA T HHOLBROOKCT198TH S T W GREENGATECTKINDLE C T173RDST W G U N FLIN TC T HIBISCUS AVE 176TH S T W I DE N AVE L A M ARLNLANDMARK CT LIBERTY BE AC H CT INTERLACHENBLVDCRY S TA LHILLSD R IDALIA AVEGLADEAVEKAPARIA AVE G R E N ADA AVEFAIRMEADOW W AY AVE 167 TH ST W 205TH ST W 175TH S T WKENRICKAVE INDIANA A V E HAR T FORD WAYJEWELCTIDENWAY FI VE O AKS DRGREENTREE AVEHOLTCT212TH S T WIPAVAAVELAKE HILLS 16 6TH ST W LOW ER 169THS T WUPPER161STSTW IC E NIC W A Y K NOL L S PATHHOLBRO O KAVE GR IN NE L L C T E CT WFIRMANCTFOL IA GE C T JAVELINCIRCEDARAVEKETCHIKANCTEQUINOX AVE 169TH C T W KENSFIELD TRLITHACA CIRJ ASPE R TER 188TH S T W 179TH ST W KEOK UKAVEJOPLINAVEITAMI TRL 200TH S T W 206TH ST W CAESAR ST GEYSERWAYJALISCOTERWJAGUARA V E G LENCO ECTJAMAICAAVEI RELAND WA YKENRICK CIRHAYESAVE194TH ST W 205TH ST W IRA LN JULY CT181ST ST W CEDARAVEHARRING T O N WAYDRAFTH ORSE B LVDJ EWELP A T HHAZE LCTFREEPORTCTEMPIRETRLJU P ITER W A Y J ADE L NH ARNESSAVEID EALICAVEFO R FARCTF A L L B ROOK CT 1 9 0 T H S T W I TH A CA C TIB E R I A CIR JUSTI C E WA Y161ST ST W ISTRIAP A T HHEATHAVEENCINA PAT H D O D D L N IN G L ESIDECTITEA AVEJASPERWAY 17 8 T H ST WGERDINE P A T H FINCH WAYGREENWOOD AVE183RDCT W KENRICKAVEJACQUARDAVEFRANCHISE W A Y FANN IN G C TGOODVIEW WAY ITERIAVEJ U NOTRL IDAHO CTCTIROQUOISLNLN 173RD ST W HILLDALEA V E PILOT KNOB RD 204TH S T WKLAMATHCTJAVALN 166THSTW DYNAMIC DRIRANAVEFARADAYCTLAYTON PATH KINGSBURYCIRKENWOODTRL1 6 5 TH ST W 201ST S T W JONESBORO CT JAMAICA CIRH O L YOKE A V E DYSART PL OAK S HO R E DR170TH ST W 16 2 N D S T W GINGER C T 189TH S T W ELY AVEGOODVIEWCIR ILAVISTA WAY FUL DA T RL F A IRH A V EN CTGODS O N D R 174TH ST W GLASSFERN LN215TH ST WKENREEL AVEJASPER TRL 166TH ST W J U R Y CTHERON W A YJAY C T FREIBURG CIR168TH S T W E Q U E ST R IANTRLHIAWATHACTHIC KORY CTHOLLAND DR FULLE R TON CT 179TH STW 173RD S T W 165TH CT W IXONIA AVE 203RD ST W 207TH CTW456760 U PPER178THSTWTHOMAS RD HAMBY FIELDFAREW A Y FANTASIA AVEHAMBURG AVEJA G U A R P A T H 220TH ST W FIRESTON E W A YGLENGARYCT ILLINOISPATHJAMAICAPATHI TA L Y P ATH456770 IRIS CTGLADIOLA AVEF A L K IRKT RL HAMBURG A VE 172ND ST W 172ND ST W FAR RAGO TRLGODS ON C I R KALMARPATH ILI A D C IR ELLSWORTH D R 167TH S T ISLECIRHAZEL NUT AV E I D EALIC AVEKANABECTRL45675 U PPER167TH ST W FIEL DIN G WAY 183RD ST W K I NDREDC TLANGLEY AVE EXCELSIOR CT 195TH ST W HYTRAIL C I R ENIG MA WAYIPAVAAVEGANNON W AY 1 6 1 S T S T W ESTATELN 197TH S T W 1 7 6THCIR WJ A C KD A WPATHHARVARDCT GOODVI EWCT206TH STW IRONRIDGE PAT H HENLEYLNG A G E A V E HUXLEYAVE205TH ST W GOLDENVIEWAVE176TH ST W K E RRICKCT162ND CT E X C E L W A YMACBETH C IRGROV E A V EFLAIR CIR1 8 2ND ST WLAIGLEAVE172NDST W JUNOTRL 20 3 R D STW 1 8 6 T H S T W JASPE R CT 203RD ST W G R E EN GABLESTRL 214TH ST W DRAFT H OR SE CT JULIE T DR DUTCH IVORYLN ITEA AVEGUNNI SO NDRIRVONAAVEJERSEYWAY G L A S G O WAVEGLE NCOE AVEJAGU AR PA THJAC KP I N E WAY 208TH ST W C IR ICIC L EAVEISL E A V EMICHEAL RDFOR M OSA CTHOMINYCT A NTHONYD R FI ELDFAREWAYLINC HPATH INT E RLAC H EN B L VDKAISERWAYIS MAY PA TH 1 7 3 RD ST W IMBLER T RL 214TH STWHE L E NALNIR V INEWAY1 7 8 T H S T W KESWICK LOOP S HEADWATERS DRHIMALAYAAVEHARVARDD R ITALY AVEUPPER 206T H GOSFO R D WAY HYTRAILCTISLETON AVEDOD D BLV D G A N N ONAVEHIDE A W A Y 220TH ST W HEARTHSIDE WAYHICKORY CTJONRAYCT 162ND ST W JUNC O C T 209TH ST W K E N W O ODTRL 194TH S T W 208THSTREETCTL OWER 167TH ST W213 T H S T W 204TH ST WIRONS CTHONEYSUCKLE AVEHA RAPPA AVE170TH S T W FAIRHAVEN AVE 17 1 S T 212TH S T W 1 7 8TH S T W HARVARD L N J ADETERHUXLEYAVEJAT O S CIRFAIRHILLAVE16 7 T H C T W DRAFTHORSEBLVDKENRICK AVEGLEEDRDFRAZERPATHKENORACT IROQUOI SWAYILLINOIS CTETHELTON AVEJUNO CTGUERNSEYJ O R D A N C T S 188TH ST W IMAGERY L NIMPALA PAT HHU DSONAV E 177TH ST W B L VDGALENAAVEEAGLEVIEW DRJUN C OTRL456750 UPPER 173RD CT W LOWER 1 7 0 THCTW170TH ST W EAGLEVIEW W A Y KENBRIDGE CT 205TH CT W JASPER CT 1 8 8 TH S T W WAY FOL IA GE AVE175TH ST W LANCASTER CTENGLISHAVE201 S T ST WKENRICKAVE 213TH S T W HEARTHS IDECTF I N E S S E WA Y HIC K O R Y TRL KE T T ERI N G TR L HIGHVIEW AVEHAVELOCK CT C T 1 9 8TH ST W KA LMA R TRLLANDFORDPATH E L E M E NT AVE JASPER CIR EMBE R SAVEUPPER 2 08THSTW K E N WORTH L N 173RD ST W IMPALAPATH174THST W IR E DALEP AT HENFIELDFLORINAVEDR A PER WAY 1 6 1 S T S T W JU STIC E C TJEFFREY RDGRANBY LNFAIRGREENAVEHUMBOLDTRDJUDI CIAL R DFAIRHILL CTGAMMA L N HUMB O L DT C T 214TH ST W J A C A N A C T GLA D I O L AAVEEAS T L AKEDRGRESHAM WAYJ A V ACTSGOLDFIN CH WAY180TH S T W DODD BLVD HEMLOCK AVE456723 202ND S T WKERRVILLETRL FORBES CTEASTLAKE D R DIAMONTEPATHB UCK H I L L R D JAYHAWK CT18 2 N D S T W L A KEFO R E S TDRL A K EVIEWCTJACARANDA WAYGRINNEL L W AYDIAMOND PATH456750 HU DSON CIR GLENWOODAVEDRYDENRDIRELA ND PLHOLLOWA YLN IBERIAAVE208TH S T W GLADEAVEL A MARCTLAFAY E TTE W A Y GRENADIERAVEHUTCHINSON DRINSEL LN G R E E NWOODAVE176THCT W 18 3 R D S T WHYLANDCT INDEPENDENCE AVEIVORRAAVEGLAC I E R W AYFLINT AV EGETTYSBURGWAYOAKSHOR EDR S FLAGSTAFFCTSITE R I P L 215TH ST W ISOSCELESAVE1 69 T HSTW167TH CT W 1 87TH ST W J E F F E R S O N CT FES TAL A V E UPPER 1 6 3 R D S T W HIGHVIEWAVEH A WKS BILLDR215TH S T W 219TH S T W HANNIBALCTHORIZONAVEHY L A N D CIR GREISEN AVEOR C H A RD T R L HORSESHOE WAY HYDRANGEALNHAMBURGAVEFIREBIRD PATHILLINOISAVEGERDINEPATH HU N T INGTONAVEI RETON W A Y FOXBOROLN FAIR ISL E PATH FIS H E RCTJUS T ICEPATH207TH ST W KATRIN E CT 1 8 5 T H S T W FIRES I DELNENDEA V ORCT 170TH S T W GLENB R OOKE V E R E S T AVE FORTUNE TR L FI RTREEPL KALMEADOW C T HOMEFIRE WAYHOLISTER LN J A LISCO LNGREE N WICHWAY 179TH S T W J OPLINAVENO RT H CREEKD R171STCTW 204TH ST W INNDAL E D RKINGSWAY PA T HKENOSHA AVE HA RMONYPATHCT161ST S T W JUPITERCIR 185TH ST W 190TH ST W LUCERN E TRL UPPER 167TH S T W166T H C T W 165TH ST W 173RD ST W 1 63RD STW HOMINY CIR UPP E R 1 6 2 N D ST W JAL ISCOTER EJA V E LIN A VEHEXHAMWAYFURYCTIBARRATRLKEYSTONEA VE1 7 0 T H S T W L OGA R TO L N ELMHURSTLNIKARIATRLHAMBURGAVEORC HARDTRL INCAAVEEXIRA AVEKINGSLEYCTHURON C IR 163RDCT W HYTRAIL CIR ANI T A L N 1 8 4T H ST WKINDREDCIR 171ST ST W 456746 HAR T F ORDWAY 183RD ST W HUNTLEY TRL FIREBIRD CT 175TH S T W JAS MI NE CT HO PEWELLCTCrystal Lake K i n g s l e y L a k e Lee Lake O r c h a r d L a k e Valley Lake East Lake Goose Lake L a k e M a r i o n City of Lakeville Dakota County R.O.W. Mowing 2024 ² Name: Parks Path: P:\Projects\2022\Parks\Parks\Parks.aprx Date: 12/5/2022 1 0 10.5 Miles DakCo R.O.W. Mowing County Blvd Trail Segments (37.1mi) Center Medians (12.1mi) County Blvd Opposite of Trail Segments (6.1mi) EXHIBIT C Page 32 of 254 Date: 2/5/2024 Approve Resolution Amending Lakeville Fire Relief Association Bylaws relating to Pension Benefit Levels Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Amending the Lakeville Fire Relief Association Bylaws relating to Pension Benefit Levels. Passage of this motion will increase the pension benefit level to $15,000 per year of service for firefighters effective February 6, 2024. Overview The Lakeville Fire Relief Association submitted a request for pension benefit increase of $3,000 for calendar year 2024 which would result in pension benefit level of $15,000 effective February 6, 2024. The Lakeville Fire Relief Association’s request was reviewed and discussed at the January 22, 2024 council workshop and the City Council concurred with the 2024 increase. Per the Office of the State Auditor, the City Council is required to ratify each incremental benefit level before it becomes effective. The attached resolution addresses the pension benefit level for 2024. Supporting Information 1. 2024 Fire Relief Pension Benefit Level Financial Impact: $0 Budgeted: No Source: Lakeville Fire Relieft Pension Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Julie Stahl, Finance Director Page 33 of 254 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION AMENDING LAKEVILLE FIRE RELIEF ASSOCIATION BYLAWS RELATING TO PENSION BENEFIT LEVELS WHEREAS, The bylaws of the Lakeville Fire Relief Association provide for a defined contribution benefit for volunteer firefighters that are eligible under the vesting schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota that the Lakeville Fire Relief Association's bylaws are hereby amended as per Appendix A attached hereto. ADOPTED by the Lakeville City Council this 5th day of February 2024. ___________________________ Luke M. Hellier, Mayor _____________________________ Ann Orlofsky, City Clerk Page 34 of 254 APPENDIX A LAKEVILLE FIRE RELIEF ASSOCIATION Benefit Levels Benefit Level Effective Date Benefit Level per Year of Active Service Interest Rate for Deferred Pension Benefit Date Benefit Approved by Municipality February 6, 2024 $15,000.00 Separate Account February 5, 2024 March 8, 2022 $12,000.00 Separate Account March 7, 2022 January 1, 2021 $10,000.00 Separate Account December 7, 2020 January 1, 2020 $9,195.00 Separate Account May 6, 2019 January 1, 2019 $8,395.00 Separate Account November 19, 2018 January 1, 2018 $7,595.00 Separate Account February 6, 2017 January 1, 2017 $7,225.00 Separate Account October 17, 2016 January 1, 2016 $6,877.00 Separate Account November 3, 2014 January 1, 2015 $6,742.00 Separate Account November 3, 2014 January 1, 2014 $6,610.00 Separate Account March 18, 2013 January 1, 2012 $6,417.00 Separate Account December 19, 2011 April 6, 2009 $6,230.00 Separate Account April 6, 2009 January 1, 2009 $6,230.00 5.000%December 1, 2008 January 1, 2008 $6,000.00 5.000%November 5, 2007 January 1, 2007 $5,820.00 5.000%December 18, 2006 January 1, 2006 $5,725.00 5.000%January 1, 2006 January 1, 2005 $5,550.00 5.000%January 1, 2005 January 1, 2004 $5,400.00 5.000%January 1, 2004 January 1, 2003 $5,300.00 5.000%January 1, 2003 January 1, 2002 $5,100.00 5.000%January 1, 2002 Page 35 of 254 Benefit Level Effective Date Benefit Level per Year of Active Service Interest Rate for Deferred Pension Benefit Date Benefit Approved by Municipality January 1, 2001 $4,750.00 5.000%January 1, 2001 January 1, 2000 $4,500.00 5.000%January 1, 2000 January 1, 1999 $4,000.00 5.000%January 1, 1999 January 1, 1998 $3,850.00 5.000%January 1, 1998 January 1, 1997 $3,750.00 5.000%January 1, 1997 Page 36 of 254 Date: 2/5/2024 Approval of the purchase of pressure reducing valves, water meter fittings, and fire hydrant repair parts. Proposed Action Staff recommends adoption of the following motion: Move to accept quotations and approve the purchase of pressure reducing valves, water meter fittings, and fire hydrant repair parts from Ferguson Waterworks. Overview Three separate quote forms are solicited to vendors for various materials used by the Utilities Division. Each quote form is reviewed and awarded separately. Pressure reducing valves (PRV's) are required in homes and buildings when water pressure is greater than 70psi. PRV's prevent high water pressure from damaging appliances and plumbing fixtures. Water meter fittings are used to connect a water meter to a building's water service. Each water meter requires two fittings. Utilities Division staff execute an extensive fire hydrant repair program that requires a stock of hydrant parts. This order will provide a sufficient supply of PRV's, meter fittings, and hydrant parts for work to be completed in 2024. The city solicited quotations to two vendors as follows: Ferguson Waterworks: $131,102.04 Core and Main: $151,064.34 City staff recommends the purchase of pressure reducing valves, water meter fittings, and fire hydrant repair parts from Ferguson Waterworks. Supporting Information 1. 2024 Parts Quotes Results less WM Parts 2. PRV and Hydrant quotes COMBINED Financial Impact: $131,102.04 Budgeted: Yes Source: (7606.5565 $104,275.54) (7606.5561 $10,110.00) (7616.6137 $16,716.50) Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 37 of 254 City of Lakeville-Utilities Division 2024 Hydrant Part Quote Results Line Item No. Product Description AFC Part No.Unit Order Quantity Ferguson WW Core and Main Ferguson Extended Price Core and Main Extended Price Unit Price Difference 1 5 lb. hydrant grease 387 V3174 Each 1 187.70$ 188.00$ 187.7 188 0.30$ 2 5' Hydra Finder marker Each 150 19.54$ 21.00$ 2931 3150 1.46$ 3 Traffic kit Each 1 343.99$ 344.00$ 343.99 344 0.01$ 4 6" extension kit Each 1 746.00$ 745.00$ 746 745 (1.00)$ 5 12" extension kit Each 1 878.50$ 879.00$ 878.5 879 0.50$ 6 O-ring (lower valve seat)3 Each 1 9.59$ 9.59$ 9.59 9.59 -$ 7 Drain plunger 7 Each 1 23.95$ 23.75$ 23.95 23.75 (0.20)$ 8 Cotter Pin 1/4" x 1-1/2"8 Each 15 7.25$ -$ 108.75 0 (7.25)$ 9 Side cap gasket 11 Each 1 9.70$ 9.50$ 9.70 9.5 (0.20)$ 10 Pumper gasket 11 Each 1 13.40$ 13.50$ 13.40 13.5 0.10$ 11 Lower operating nut 17A Each 6 52.70$ 52.50$ 316.2 315 (0.20)$ 12 Upper operating nut 17B Each 5 93.83$ 95.00$ 469.15 475 1.17$ 13 Crossarm 30 Each 5 99.86$ 102.00$ 499.3 510 2.14$ 14 Valve seat 31 Each 5 284.50$ 290.00$ 1422.5 1450 5.50$ 15 Upper valve washer 34 Each 2 99.86$ 102.00$ 199.72 204 2.14$ 16 Main valve rubber 35 Each 6 93.83$ 95.00$ 562.98 570 1.17$ Page 38 of 254 City of Lakeville-Utilities Division 2024 Hydrant Part Quote Results 17 Lower valve washer 36 Each 1 52.95$ 54.00$ 52.95 54 1.05$ 18 Support wheel 56 Each 1 99.86$ 102.00$ 99.86 102 2.14$ 19 O-ring (operating nut)57 Each 1 4.11$ 4.00$ 4.11 4 (0.11)$ 20 O-ring (support wheel)59 Each 1 4.11$ 4.00$ 4.11 4 (0.11)$ 21 Flange lock ring 64 Each 25 12.06$ 12.00$ 301.5 300 (0.06)$ 22 Break off coupling 67 Each 16 18.10$ 18.00$ 289.6 288 (0.10)$ 23 Upper rod 71 Each 1 225.47$ 232.00$ 225.47 232 6.53$ 24 O-ring (upper valve seat)77 Each 1 14.07$ 14.00$ 14.07 14 (0.07)$ 25 O-ring (upper tube seal)82 Each 1 4.11$ 4.00$ 4.11 4 (0.11)$ 26 O-ring (lower tube seal)83 Each 1 4.11$ 4.00$ 4.11 4 (0.11)$ 27 Support wheel gasket 84 Each 25 4.11$ 4.00$ 102.75 100 (0.11)$ 28 Support tube 85 Each 1 52.95$ 54.00$ 52.95 54 1.05$ 29 Stop nut 86 Each 1 9.59$ 9.50$ 9.59 9.5 (0.09)$ 30 Brass Coupling Nut 87 Each 1 6.16$ 6.00$ 6.16 6 (0.16)$ 31 Coupling stud 88 Each 1 13.40$ 13.50$ 13.40 13.5 0.10$ 32 Nozzle section bushing 89 Each 10 41.55$ 41.50$ 415.50 415 (0.05)$ 33 Thrust ring 90 Each 25 9.48$ 9.50$ 237.10 237.5 0.02$ 34 Lipped barrel gasket 92 Each 25 14.08$ 14.00$ 352 350 (0.08)$ 35 Clevis pin 179 Each 15 $7.50$ 0 112.5 36 Kickout ring 180 Each 15 $-$ 0 0 Page 39 of 254 City of Lakeville-Utilities Division 2024 Hydrant Part Quote Results 37 7'6" bury lower rod (Heavy)72 Each 1 278.53$ 287.00$ 278.53 287 8.47$ 38 8'0" bury lower rod (Heavy)72 Each 2 278.53$ 287.00$ 557.06 574 8.47$ 39 8'6' bury lower rod (Heavy)72 Each 2 278.53$ 287.00$ 557.06 574 8.47$ 40 9'0" bury lower rod (Heavy)72 Each 1 278.53$ 287.00$ 278.53 287 8.47$ 41 9'6" bury lower rod (Heavy)72 Each 1 278.53$ 287.00$ 278.53 287 8.47$ 42 10'0" bury lower rod (Heavy)72 Each 1 278.53$ 287.00$ 278.53 287 8.47$ 43 10'6" bury lower rod (Heavy)72 Each 1 278.53$ 287.00$ 278.53 287 8.47$ 44 11'0" bury lower rod(Heavy)72 Each 1 278.53$ 287.00$ 278.53 287 8.47$ 45 11'6" bury lower rod (Heavy)72 Each 1 278.53$ 287.00$ 278.53 287 8.47$ 46 Breakable flange 113 Each 12 76.40$ 77.00$ 916.8 924 0.60$ 47 16" upper standpipe 40 Each 3 576.20$ 600.00$ 1728.6 1800 23.80$ 48 1 gallon hydrant oil V3175 Each 1 95.50$ 99.00$ 95.5 99 3.50$ Total Price 16,716.50$ 17,170.34$ 453.84$ Page 40 of 254 City of Lakeville-Utilities Division 2024 PRV and Meter Coupling Quote Results Line Item No.Product Description Brand Product Code Unit Ferguson WW Core and Main Order Quantity Ferguson WW Extended Price Core and Main Extended Price Unit Price Difference 1 Watts 3/4" PRV Watts 3/4LF25AUB-Z3 Each 104.85$ 129.00$ 36 3,774.60$ 4,644.00$ 24.15$ 2 Watts 1" PRV Watts 1LF25AUB-Z3 Each 149.00$ 188.00$ 432 64,368.00$ 81,216.00$ 39.00$ 3 Watts 1-1/2" PRV Watts 1-1/2LF25AUB-Z3 Each 399.22$ 508.00$ 25 9,980.50$ 12,700.00$ 108.78$ 4 Watts 2" PRV Watts 2LF25AUB-Z3 Each 750.84$ 612.00$ 25 18,771.00$ 15,300.00$ (138.84)$ 5 Watts 3" PRV Watts LFN223FM2 Each 3,690.72$ 4,785.00$ 2 7,381.44$ 9,570.00$ 1,094.28$ 600 6 A.Y. McDonald 74620 Each 17.44$ 600 10,464.00$ 8 Ford C38-24-2.5 Each 16.85$ 600 10,110.00$ $ Total Price 114,385.54$ 133,894.00$ 19,508.46$ 3/4" X 1" meter coupling (3/4" meter swivel x 1" MNPT x 2.50" length) *rubber gaskets incl. Page 41 of 254 FERGUSON WATERWORKS #2805 1420 3RD AVE WEST SHAKOPEE, MN 55379-1036 Phone: 651-286-2334 Deliver To: From:Blake Swenson Comments: HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24674 14:35:14 JAN 25 2024 FERGUSON WATERWORKS #2518 Price Quotation Phone: 651-286-2334 Bid No:B162095 Bid Date:01/24/24 Quoted By:BAS Cust Phone:952-985-4400 Terms:NET 10TH PROX Customer:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Ship To:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Cust PO#:Job Name:PRV & METER 2024 Page 1 of 1 Item Description Quantity Net Price UM Total WLF25AUBZ3F LF 3/4 WTR PRV 36 104.850 EA 3774.60 WLF25AUBZ3G LF 1 WTR PRV 432 149.000 EA 64368.00 WLF25AUBZ3J LF 1-1/2 WTR PRV 25 399.220 EA 9980.50 WLF25AUBZ3K LF 2 WTR PRV 25 750.840 EA 18771.00 WLFN223FM2M LF 3 PRV W/O STRN 2 3690.720 EA 7381.44 FC382425NL LF 3/4X1X2-1/2 MIP STRT MTR COUP 600 16.850 EA 10110.00 Net Total:$114385.54 Tax:$0.00 Freight:$0.00 Total:$114385.54 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER. ARE NOT FIRM UNLESS NOTED OTHERWISE. https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Govt Buyers: All items are open market unless noted otherwise. Page 42 of 254 FERGUSON WATERWORKS #2805 1420 3RD AVE WEST SHAKOPEE, MN 55379-1036 Phone: 651-286-2334 Deliver To: From:Blake Swenson Comments: HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24674 14:08:04 JAN 25 2024 FERGUSON WATERWORKS #2518 Price Quotation Phone: 651-286-2334 Bid No:B162086 Bid Date:01/24/24 Quoted By:BAS Cust Phone:952-985-4400 Terms:NET 10TH PROX Customer:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Ship To:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Cust PO#:Job Name:HYDRANT PART Page 1 of 2 Item Description Quantity Net Price UM Total AFCV1936 5 LB HYD GRSE 1 187.700 EA 187.70 SP-EZFG21 E-Z GUIDE HYD MRKR FIBERGLASS 150 19.540 EA 2931.00 AFCK528RED PACER K528 B/O KIT POST 1980 RED.1 343.990 EA 343.99 AFCK56206 PACER 6 K562 TOP EXT KIT 1 746.000 EA 746.00 AFCK56212 PACER 12 K562 TOP EXT KIT 1 878.500 EA 878.50 AFCPACER3 PACER #3 LWR VLV SEAT ORING W59 1 9.590 EA 9.59 AFC51469 PACER #7 DRN PLGR 1 23.950 EA 23.95 AFCPACER179 PACER #179 CLEVIS PIN W/ #180 RNG 15 7.250 EA 108.75 #8 REPLACED WITH #179/#180 AFCPACER11B PACER #11 PUMP CAP GSKT NST 1 13.400 EA 13.40 AFCPACER11H PACER #11 HOSE CAP GSKT 1 9.700 EA 9.70 AFCPACER17A PACER #17A LWR OP NUT 6 52.700 EA 316.20 AFCPACER17B PACER #17B UPPER OP NUT 5 93.830 EA 469.15 AFCPACER30 PACER #30 CROSSARM BRZ 5 99.860 EA 499.30 AFCPACER31 PACER #31 VLV SEAT 5 284.500 EA 1422.50 AFCPACER34BRZ PACER #34 UPPER VLV WSHR BRZ 2 99.860 EA 199.72 AFCPACER35 PACER #35 MAIN VLV URTHN 6 93.830 EA 562.98 AFCPACER36 PACER #36 LWR VLV WSHR EPOX 1 52.950 EA 52.95 AFCPACER56 PACER #56 SUPP WHL W/ #59 ORING 1 99.860 EA 99.86 AFCPACER57 PACER #57 OP NUT ORING 1 4.110 EA 4.11 AFCPACER59 PACER #59 SUPP ORING 1 4.110 EA 4.11 AFCPACER64 PACER #64 FLG LCK RNG 25 12.060 EA 301.50 AFCPACER67 PACER #67 BREAK COUP SLV 16 18.100 EA 289.60 SP-AFCPACER7110 #71 10 UPPER ROD ASSY OL 1 225.470 EA 225.47 AFCPACER77 PACER #77 UPPER VLV SEAT ORING 1 14.070 EA 14.07 AFCPACER82 PACER #82 UPPER ORING TUBE SEAL 1 4.110 EA 4.11 AFCPACER83 PACER #83 UPPER ORING TUBE SEAL 1 4.110 EA 4.11 AFCPACER84 PACER #84 SUPP GSKT 25 4.110 EA 102.75 AFCPACER85 PACER #85 SUPP TUBE 1 52.950 EA 52.95 AFCPACER86 PACER #86 STOP NUT 1 9.590 EA 9.59 AFCPACER87 PACER #87 COUP NUT BRZ 1 6.160 EA 6.16 AFCPACER88 PACER #88 COUP STUD 1 13.400 EA 13.40 AFCPACER89 PACER #89 NOZ SEC BUSH 10 41.550 EA 415.50 AFCPACER90 PACER #90 THRUST RNG 25 9.484 EA 237.10 AFCPACER92 PACER #92 LIPPED UPPER S/PIPE GSKT 25 14.080 EA 352.00 SP-AFCPACER7276 LOWER ROD W/STUD&NUT 1-3/4 7'6"BURY 1 278.530 EA 278.53 Page 43 of 254 Page 2 of 2 14:08:04 JAN 25 2024 FERGUSON WATERWORKS #2518 Price Quotation Reference No:B162086 HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24674 Item Description Quantity Net Price UM Total SP-AFCPACER728 LOWER ROD W/STUD&NUT 1-3/4 8' BURY 1 278.530 EA 278.53 SP-AFCPACER7286 LOWER ROD W/STUD&NUT 1-3/4 8'6"BURY 1 278.530 EA 278.53 SP-AFCPACER729 LOWER ROD W/STUD&NUT 1-3/4 9' BURY 1 278.530 EA 278.53 SP-AFCPACER7296 LOWER ROD W/STUD&NUT 1-3/4 9'6"BURY 1 278.530 EA 278.53 SP-AFCPACER7210 LOWER ROD W/STUD&NUT 1-3/4 10' BURY 1 278.530 EA 278.53 SP-AFCPACER72106 LOWER ROD W/STUD & NUT 10'6" BURY 1 278.530 EA 278.53 SP-AFCPACER72110 WB67 #72 LOWER ROD ASST 11'0"1 278.530 EA 278.53 SP-AFCPACER72116 LOWER ROD W/STUD&NUT 11'6" BURY 1 278.530 EA 278.53 AFC113RED PACER #113 BREAK FLG RED.12 76.400 EA 916.80 AFCPACER4016 16 PACER UPPER S/ PIPE TRFC 3 576.200 EA 1728.60 AFCV3175 1 GAL HYD OIL 1 95.500 EA 95.50 Net Total:$16159.44 Tax:$0.00 Freight:$0.00 Total:$16159.44 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER. ARE NOT FIRM UNLESS NOTED OTHERWISE. https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Govt Buyers: All items are open market unless noted otherwise. Page 44 of 254 CITY OF LAKEVILLE, MN 18400 IPAVA AVENUE W LAKEVILLE, MN 55044 Job City of Lakeville 2024 PRV/Meter Coupling Lakeville, MN Bid Date: 01/26/2024 04:00 pm Bid #: 3325365 Sales Representa ve Daniel Moore (M) 651-463-6090 (T) 651-463-6090 (F) 651-463-4554 Daniel.Moore@coreandmain.com Core & Main 5145 211th Street West Farmington, MN 55024 (T) 6514636090 01/23/2024 - 12:28 PM Actual taxes may vary Page 1 of 2 Bid Proposal for City of Lakeville 2024 PRV/Meter Coupling CUSTOMERCONTACTNOTESPage 45 of 254 Seq#Qty Descrip on Units Price Ext Price 10 36 3/4" WATTS 25AUB REGULATOR EA 129.00 4,644.00 20 432 1" WATTS 25AUB REGULATOR EA 188.00 81,216.00 30 25 1-1/2 WATT 0070323 25AUB-Z3 EA 508.00 12,700.00 40 25 2 WATT 25AUB-Z3 0070336 PRESSU EA 612.00 15,300.00 50 2 3" WATTS PRV LFN223FM2 EA 4,785.00 9,570.00 60 600 74620 3/4X1 METER COUPLING EA 17.44 10,464.00 Sub Total 133,894.00 Tax 0.00 Total 133,894.00 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: h ps://coreandmain.com/TandC/ 01/23/2024 - 12:28 PM Actual taxes may vary Page 2 of 2 CITY OF LAKEVILLE, MN Job Loca on: Lakeville, MN Bid Date: 01/26/2024 04:00 pm Core & Main 3325365 Core & Main 5145 211th Street West Farmington, MN 55024 Phone: 6514636090 Fax: 6514634554 Bid Proposal for City of Lakeville 2024 PRV/Meter Coupling Page 46 of 254 CITY OF LAKEVILLE, MN 18400 IPAVA AVENUE W LAKEVILLE, MN 55044 Job City of Lakeville 2024 Hydrant Parts Lakeville, MN Dakota County Bid Date: 01/22/2024 Bid #: 3323057 Sales Representa ve Andrew Pierce (T) 763-219-1405 (F) 651-463-4554 Andrew.Pierce@coreandmain.com Core & Main 5145 211th Street West Farmington, MN 55024 (T) 6514636090 01/23/2024 - 12:30 PM Actual taxes may vary Page 1 of 3 Bid Proposal for City of Lakeville 2024 Hydrant Parts CUSTOMERCONTACTNOTESPage 47 of 254 Seq#Qty Descrip on Units Price Ext Price 20 HYDRANT PART'S 30 1 HYDRANT GREASE 5 LB V3174 EA 188.00 188.00 40 150 5' HYDRAFINDER FLAG EA 21.00 3,150.00 50 1 K528 BREAKABLE KIT FLG WB-67 EA 344.00 344.00 60 1 6" WB67 EXTENSION KIT EA 745.00 745.00 70 1 12" WB67 EXTENSION KIT EA 879.00 879.00 80 1 #3 WB-67 5" O-RING EA 9.59 9.59 90 1 #7 WB-67 5" DRAIN PLUNGER EA 23.75 23.75 100 1 #8 WB-67 5" COTTER PIN 1/4X EA 0.00 0.00 110 #8 N/A - SEE #179 (INCL #180) 120 1 #11 WAT HOSE CAP GASKET EA 9.50 9.50 130 1 #11B WAT PUMPER CAP GASKET EA 13.50 13.50 140 6 #17A WAT LOWER OP NUT LH EA 52.50 315.00 150 5 17B WAT UP OP NUT W/#90 WASHER EA 95.00 475.00 160 5 #30 HYD BRONZE CROSSARM W67 EA 102.00 510.00 170 5 #31 WAT VALVE SEAT W/O-RING EA 290.00 1,450.00 180 2 #34 WAT UPPER VALVE WASHER BRZ EA 102.00 204.00 190 6 #35 MAIN VLV RBR URETHANE EA 95.00 570.00 200 1 #36 WAT LOWER VALVE WASHER EA 54.00 54.00 210 1 #56 WAT HYD SUPPORT EA 102.00 102.00 220 1 #57 WAT OP NUT O-RING EA 4.00 4.00 230 1 #59 WAT STEM O-RING (EACH)EA 4.00 4.00 240 25 #64 WAT SS LOCK RING EA 12.00 300.00 250 16 #67 WAT BREAK CPLG HALF EA 18.00 288.00 260 1 #71 10" B/O UPPER ROD OL EA 232.00 232.00 270 1 #77 WAT O-RING PACKING EA 14.00 14.00 280 1 #82 UPPER SUPPORT O-RING W67 EA 4.00 4.00 290 1 #83 LOWER SUPPORT O-RING WB67 EA 4.00 4.00 300 25 #84 WAT HYD GASKET (2 REQ'D)EA 4.00 100.00 310 1 #85 WAT HYD SUPPORT TUBE EA 54.00 54.00 320 1 #86 WAT HYD STOP NUT EA 9.50 9.50 330 1 #87 WB-67 5" CPLG NUT EA 6.00 6.00 340 1 #88 WB-67 5" CPLG STUD EA 13.50 13.50 350 10 AFC #89 OP NUT BUSHING WB-67 EA 41.50 415.00 360 25 #90 WAT HYD THRUST RING EA 9.50 237.50 370 25 #92 WAT HYD GASKET LIPPED EA 14.00 350.00 380 15 #179 CLEVIS W/PIN W67 INCL#180 EA 7.50 112.50 390 INCLUDES #180 400 1 #72 7'6" LOWER ROD EA 287.00 287.00 410 2 #72 8'0" LOWER ROD EA 287.00 574.00 420 2 #72 8'6" LOWER ROD EA 287.00 574.00 430 1 #72 9'0" LOWER ROD EA 287.00 287.00 440 1 #72 9'6" LOWER ROD EA 287.00 287.00 450 1 #72 10'0" LOWER ROD EA 287.00 287.00 460 1 #72 10'6" LOWER ROD EA 287.00 287.00 01/23/2024 - 12:30 PM Actual taxes may vary Page 2 of 3 CITY OF LAKEVILLE, MN Job Loca on: Lakeville, MN Bid Date: 01/22/2024 Core & Main 3323057 Core & Main 5145 211th Street West Farmington, MN 55024 Phone: 6514636090 Fax: 6514634554 Bid Proposal for City of Lakeville 2024 Hydrant Parts Page 48 of 254 Seq#Qty Descrip on Units Price Ext Price 470 1 #72 11'0" LOWER ROD EA 287.00 287.00 480 1 #72 11'6" LOWER ROD EA 287.00 287.00 490 12 #113 WAT HYD BREAKABLE FLG EA 77.00 924.00 500 3 #40 16" UPPER STANDPIPE W67 EA 600.00 1,800.00 510 1 1 GAL. #51 HYDRANT OIL EA 99.00 99.00 Sub Total 17,170.34 Tax 0.00 Total 17,170.34 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: h ps://coreandmain.com/TandC/ 01/23/2024 - 12:30 PM Actual taxes may vary Page 3 of 3 Bid Proposal for City of Lakeville 2024 Hydrant Parts Bid #: 3323057 Page 49 of 254 Date: 2/5/2024 Approval of the purchase of water main repair parts, locating materials, and anode bags Proposed Action Staff recommends adoption of the following motion: Move to approve the purchase of water main repair parts, locating materials, and anode bags from Core and Main. Overview Three separate quote forms were solicited to vendors for various materials used for the repair of existing infrastructure and materials that will be required for new construction, CIP projects, and utility locating. The Request for Quotes was divided into three categories: Hydrant Repair Parts, Water main Repair Parts, and Pressure Reducing Valve/Water Meter fittings. Each quote form is reviewed and awarded separately. Request for Quotes were sent to two vendors. Both vendors submitted a quote for each of the three categories. Core and Main submitted the low quote on the water main repair materials, locating materials, and anode bag category. This order will provide a sufficient supply of water main repair materials, Gopher State One Call locating paint, and anode bags that will be installed during various CIP projects and emergency water main repairs. The city solicited quotations to two vendors as follows: Core and Main: $29,661.83 Ferguson Waterworks: $35,001.00 Staff recommends approving the purchase of water main repair materials, locating materials, and anode bags with Core and Main. Supporting Information 1. 2024 WM Parts Quote Results 2. WM Quotes COMBINED Financial Impact: $29,661.83 Budgeted: Yes Source: (7612-6137 $27,624.33) (7622- 6120 $1,018.75) (7720-6120 $1,018.75) Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 50 of 254 City of Lakeville-Utilities Division 2024 Watermain Part Quote Results Line No.Product Description Brand Product Code Unit Order Quantity Ferguson WW Core and Main Ferguson WW Extended Core and Main Extended Unit Price Difference 1 1-1/4" curbstop top A.Y. McDonald 5614L 100 11.84 13.25 1,184.00$ 1325 1.41 4 1-1/4" repair top A.Y. McDonald 5614RL 120 34.131 23.35 4,095.72$ 2802 -10.781 7 1-1/4" brass plug only A.Y. McDonald 5614BP Each 25 4.30 4.4 107.50$ 110 0.1 8 Curb stop box w/ 60" rod A.Y. McDonald 5614 8' MP CURB BOX 5 67.244 75.75 336.22$ 378.75 8.506 11 Mini manhole cover A.Y. McDonald 74M1A Each 16 89.151 83.5 1,426.42$ 1336 -5.651 12 Mini manhole lid only A.Y. McDonald 74MAL8 Each 6 33.66 33.93 201.96$ 203.58 0.27 13 "Water" gate valve box lid A.Y. McDonald 145325 Each 6 18.57 19 111.42$ 114 0.43 14 Gate valve box-16" top section Tyler Union 6860 Each 6 65 70 390.00$ 420 5 15 Gate valve box-26" top section Tyler Union 6860 Each 10 105.22 108 1,052.20$ 1080 2.78 16 18" Extension Tyler Union 145158 Each 10 76.93 78 769.30$ 780 1.07 17 26" Adjustable Top #69 (male threaded)Tyler Union Each 5 206.42 67 1,032.10$ 335 -139.42 18 9" Adjustable Top #69 (male threaded)Tyler Union 148197 Each 8 65 67 520.00$ 536 2 19 GV Box Base #6 Tyler Union 145660 Each 6 92 91 552.00$ 546 -1 20 8" nom X 15" width repair band Smith-Blair 226-00090515-001 Each 1 189.81 214 189.81$ 214 24.19 21 8" nom X 15" width w/ 1" corp repair band Smith-Blair 238-00090515-109 Each 1 214.85 244 214.85$ 244 29.15 22 3/4" x 3-1/2" SS t-bolts 50pcs Each 100 20.36 18 2,036.00$ 1800 -2.36 23 Locate Paint Rust-Oleum 203031 APWA Caution Blue Each 250 3.80 3.9 950.00$ 975 0.1 24 Locate Paint Aervoe Fluorescent Green #248 Each 250 6.19 4.25 1,547.50$ 1062.5 -1.94 25 32 pound magnesium anode bag Each 100 182.84 154 18,284.00$ 15400 -28.84 Total Price 35,001.00$ 29,661.83$ 5,339.17$ Page 51 of 254 CITY OF LAKEVILLE, MN 18400 IPAVA AVENUE W LAKEVILLE, MN 55044 Job City of Lakeville 2024 Watermain Parts Lakeville, MN Bid Date: 01/26/2024 04:00 pm Bid #: 3324982 Sales Representa ve Daniel Moore (M) 651-463-6090 (T) 651-463-6090 (F) 651-463-4554 Daniel.Moore@coreandmain.com Core & Main 5145 211th Street West Farmington, MN 55024 (T) 6514636090 01/25/2024 - 5:04 PM Actual taxes may vary Page 1 of 2 Bid Proposal for City of Lakeville 2024 Watermain Parts CUSTOMERCONTACTNOTESPage 52 of 254 Seq#Qty Descrip on Units Price Ext Price 10 100 5614L LID 1 1/4 UPPER 1 1/4 PE EA 13.25 1,325.00 20 120 1-1/4" CURB BOX REPAIR LID EA 23.35 2,802.00 30 25 5614BP AY 1-1/4 CB LID PLUG EA 4.40 110.00 40 5 8'0" MPLS PATTERN CURB BOX USA EA 62.00 310.00 50 5 60" AYM 5660 CB ROD EA 13.75 68.75 60 16 A1 15" FRAME & COVER WATER EA 83.50 1,336.00 70 6 74MAL8WO 8 REC CVR MK: WATER EA 33.93 203.58 80 6 VALVE BOX COVER USA EA 19.00 114.00 90 6 6850-60 16T TOP SECT THRD USA EA 70.00 420.00 100 10 26" VLV BOX TOP SECTION USA EA 108.00 1,080.00 110 10 #59 SCREW VLV BOX 18" EXT USA EA 78.00 780.00 120 5 2-1/2 - 24" ADJ VLV BOX RISER EA 67.00 335.00 130 8 69S 5-1/4 X 9 SCREW VB RISER EA 67.00 536.00 140 6 #6 BASE USA EA 91.00 546.00 150 1 8X15 SB REPAIR CLAMP EA 214.00 214.00 160 226-00090515-001 170 1 8X15 SB REPAIR CLAMP X 1"CC EA 244.00 244.00 180 238-090515-109 190 100 3/4" X 3-1/2" SS MJ B&N USA EA 18.00 1,800.00 200 250 203031 BLUE WATER BASED 17OZ EA 3.90 975.00 210 250 AERVOE #224 FL GREEN PAINT EA 4.25 1,062.50 220 100 32# MAX MAG ANODE EA 154.00 15,400.00 Sub Total 29,661.83 Tax 0.00 Total 29,661.83 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: h ps://coreandmain.com/TandC/ 01/25/2024 - 5:04 PM Actual taxes may vary Page 2 of 2 CITY OF LAKEVILLE, MN Job Loca on: Lakeville, MN Bid Date: 01/26/2024 04:00 pm Core & Main 3324982 Core & Main 5145 211th Street West Farmington, MN 55024 Phone: 6514636090 Fax: 6514634554 Bid Proposal for City of Lakeville 2024 Watermain Parts Page 53 of 254 FERGUSON WATERWORKS #2805 1420 3RD AVE WEST SHAKOPEE, MN 55379-1036 Phone: 651-286-2334 Deliver To: From:Michael P Fries Comments: HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24674 16:54:30 JAN 26 2024 FERGUSON WATERWORKS #2518 Price Quotation Phone: 651-286-2334 Bid No:B162092 Bid Date:01/24/24 Quoted By:BAS Cust Phone:952-985-4400 Terms:NET 10TH PROX Customer:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Ship To:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Cust PO#:Job Name:24 WATERMAIN PART Page 1 of 2 Item Description Quantity Net Price UM Total FPLLID 1-1/4 PL-LID CB LID & PLUG 100 11.840 EA 1184.00 FRL 1-1/4 CB REP LID 120 34.131 EA 4095.72 M5614BPH 1-1/4 BRS PENTAGON PLUG 25 4.300 EA 107.50 M5614AX 1-1/4 X 8 X 1-1/2 MINN CURB BX DOM 5 67.244 EA 336.22 FORA1 A1-CVR 16 89.151 EA 1426.42 FWA1L WA1L TOP LID 6 33.660 EA 201.96 DVBLIDW TYLER VLV BX LID WTR DOM 6 18.570 EA 111.42 DVBSTS16 16 HD SC VLV BX TOP SECT DOM 6 65.000 EA 390.00 DVBSTS26 26 SC VLV BX TOP SECT DOM 10 105.220 EA 1052.20 DVBEXT59 18 VLV BX EXT SCRW 59 DOM 10 76.930 EA 769.30 SVBAR24 2-24 STAR ADJ SCRW VLV BX RSR 5 206.420 EA 1032.10 *NOT DOMESTIC* T685069AR 69 VLV BX RSR 2-12 SCRW TYPE DOM 8 65.000 EA 520.00 T6860B6 6 BX BSE 6860 DOM 6 92.000 EA 552.00 FF193915 8X15 F1 SS REP CLMP 8.99-9.39 1 189.810 EA 189.81 FF193915CC4 F1-9.39 X 15 - CC4 CLMP 1 214.850 EA 214.85 MDSS4TBFN DOM 3/4X3-1/2 304SS T-BLT HH NUT *X 100 20.360 EA 2036.00 R203031 WTRBASE MARK PAINT CBLUE 250 3.800 EA 950.00 AER248 20 OZ GREEN MARK PAINT 250 6.190 EA 1547.50 AA32MAG 32# HP MAG ANODE *X 100 182.840 EA 18284.00 Net Total:$35001.00 Tax:$0.00 Freight:$0.00 Total:$35001.00 Page 54 of 254 Page 2 of 2 16:54:30 JAN 26 2024 FERGUSON WATERWORKS #2518 Price Quotation Reference No:B162092 HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24674 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER. ARE NOT FIRM UNLESS NOTED OTHERWISE. https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Govt Buyers: All items are open market unless noted otherwise. Page 55 of 254 Date: 2/5/2024 Contract for public ash tree injection services and a bulk treatment program for private property ash trees to Rainbow Tree Company Proposed Action Staff recommends adoption of the following motion: Move to approve a two-year contract with Rainbow Tree Company, DBA Rainbow Treecare, for ash tree injection services in 2024 and 2025. Overview Emerald ash borer (EAB) was confirmed in Lakeville in October 2017 and the City Council approved a comprehensive management plan in 2018. To preserve quality ash trees and allow for the planned removal and replacement of ash in the community forest, an EAB treatment program has been in place since 2018. The contract for ash treatment is a two-year contract with half the public ash trees treated each year. The contract provides both a price-per-diameter inch cost to treat city-owned trees and a “bulk discount” program for residents. Currently, 1,800 public ash trees and 2,700 private ash trees are being treated under the program. The City solicited proposals for ash tree injection services from three companies in January 2024. Two proposals were received with the cost of treatment quoted at $130,270.05 and $228,861.00 for the two-year period. The proposals were evaluated based on the fee schedules, experience, references, data management practices, staff qualifications, and ability to provide marketing and outreach. Both contractors provided a similar scope of services, but Rainbow Tree Company provided the most cost-effective ash tree injection services. The price for public ash tree treatments is $124,027.80, or $3.90 per inch of diameter. Staff recommend approval of the contract. Supporting Information 1. City of Lakeville - EAB Ash Tree Injection Contract 2024-2025 - Signed by RTC 2. Ash Tree Injections - Quote Table Financial Impact: $124,027.80 Budgeted: Yes Source: Forestry - EAB Budget Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zachary Jorgensen, City Forester Page 56 of 254 CONTRACT FOR SERVICES THIS AGREEMENT made this 5th day of February 2024, by and between the CITY OF LAKEVILLE, hereinafter referred to as the “City”, and Rainbow Tree Company, DBA Rainbow Treecare , a Minnesota corporation, hereinafter referred to as the “Contractor”. THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED, AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but generally consist of injection of ash trees in several locations specified by the City. The Contractor agrees to perform the services as detailed in the Contract Documents. 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 document entitled “Contract for Services”. B. Ash Tree Injection Services Proposal, dated January 8 th, 2024 (“RFP”) C. Contractor’s Proposal dated January 19th, 2024 If there is a conflict among the provisions of the Contract, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "C" having the last priority. 3. OBLIGATIONS OF THE CONTRACTOR. A. The Contractor agrees that the work contemplated by the Contract shall be fully and satisfactorily completed in accordance with the terms of the Contract Documents. B. 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. C. The Contractor shall complete the work on City owned trees no later than August 30th of each service year and complete work on Private Property ash trees no later than September 30th of each service year or before fall leave change, whichever arrives first, as provided in the RFP. 4. PAYMENT. A. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted, not to exceed $124,027.80, which are inclusive of sales Page 57 of 254 tax, as set forth in the Contractor’s Proposal. Payment to the Contractor shall be made based on work completed and submission and approval of an invoice. B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.425, Subd. 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 1½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid 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. 5. INDEMNIFICATION. A. The Contractor shall indemnify, defend and hold harmless the City and its officials, agents, representatives, and employees from any loss, claim, liability and expense (including reasonable attorney’s fees and expenses of litigation) with respect to: (a) Worker’s Compensation benefits payable on account of injury or death to any Contractor employee or to any employee of Contractor’s subcontractors, where the injury or death arises out of or is in any way related to the work performed or to be performed under the Contract; (b) claims for personal injury, death, or property damage or loss asserted by a Contractor or subcontractor or any of their officers, agents, representatives, or employees where the injury, death, damage, or loss arises out of or is in any way related to the work performed or to be performed under the Contract; and (c) claims for personal injury, death, or property damage or loss as asserted by third-parties at the work site, where the claim is based in the whole or in any part on, or is in any way related to, any act or omission by Contractor, or Contractor’s subcontractors, agents, employees or delegates. B. Contractor shall agree that the indemnities stated above shall be construed and applied in favor of indemnification. To the extent permitted by law, the stated indemnities shall apply regardless of any strict liability or negligence attributable to the City and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees, or delegates. Contractor also agrees that if applicable law limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. C. If a claim arises within the scope of the stated indemnity, the City may require Contractor to furnish a written acceptance of tender of defense and indemnity from Contractor’s insurance company. Contractor will take the action required by City within fifteen (15) days of receiving notice from City. Page 58 of 254 6. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder 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 by any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7. GOVERNING LAW. The Contract shall be governed by the laws of the State of Minnesota. 8. 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 Except as provided below, Contractor must provide Workers’ Compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the Page 59 of 254 statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Insurance 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 If Minnesota Statute 176.041 exempts Contractor from Workers’ Compensation insurance or if the Contractor has no employees in the City, Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Contractor from the Minnesota Workers’ Compensation requirements. If during the course of the contract the Contractor becomes eligible for Workers’ Compensation, the Contractor must comply with the Workers’ Compensation insurance requirements herein and provide the City with a certificate of insurance. Professional/Technical (Errors and Omissions) Liability Insurance This policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under the contract. Contractor is required to carry the following minimum limits: $1,000,000 – per claim or event $2,000,000 – annual aggregate Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the City. If the Contractor desires authority from the City to have a deductible in a higher amount, the Contractor shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the City can ascertain the ability of the Contractor to cover the deductible from its own resources. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contractor shall maintain such insurance for a period of at least three (3) years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this requirement. 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 . Page 60 of 254 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. 9. TERM. The term of this Contract shall be from the effective date of the executed contract to the completion of all work contemplated by this contract or November 1 st, 2025, unless sooner terminated as hereinafter provided. 10. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor’s performance of this Contract. 11. SUPERVISION OF CONTRACTOR. The City’s designated supervisor will be Zachary Jorgensen, City Forester. The City Forester, acting on the City’s behalf, shall be responsible for providing communication and direction as to the provision of services by the Contractor under this Contract. The Contractor will contact the City of Lakeville to supply the dates and the times they will perform work. The City Forester’s mailing address is: 20195 Holyoke Avenue, Lakeville, MN 55044; telephone numbers are: (W) 952-985-2724; (C) 952-836-4511; email address is zjorgensen@lakevillemn.gov. 12. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right to terminate Contractor at will immediately without cause at any time within the term of this Contract. In the event of such termination, the City shall provide Contractor written notice of termination and upon receipt of same, Contractor shall immediately cease and desist Contractor’s provision of services under this Contract and City shall have no further obligation under this Contract to pay any further compensation to Contractor except for compensation due and owing for services prior to Contractor’s receipts of the written notice of termination. 13. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while engaged in carrying out and complying with the terms and conditions of this Contract and the provision of services thereunder, shall be considered at all times an independent contractor and not an officer, employee, or agent of the City. City and Contractor further agree that Contractor shall not at any time or in any manner represent that Contractor or any of the Contractor’s agents or employees are in any manner agents or employees of the City. City and Contractor further agree that Contractor shall be exclusively responsible under this Contract for Contractor’s own FICA payment, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes or other taxes if any such payments, amounts, or taxes are required to be paid by law or regulations. 14. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other correspondence to be provided by or between the City and the Contractor in accordance Page 61 of 254 with this Contract shall be hand delivered or mailed by registered or certified mail to the following address: CITY: CONTRACTOR: 15. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this Contract by Contractor shall not operate or be construed as a waiver of a subsequent default by the Contractor. No waiver shall be valid unless in writing and signed by the Mayor and the City Administrator on behalf of the City. 16. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the services to be rendered by the Contractor under this Contract are unique and personal. Accordingly, the Contractor may not assign or subcontract out any of the Contractor’s rights or any of the Contractor’s duties or obligations under this Contract. 17. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any application hereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Contract or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be effected hereby and each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law. 18. DATA PRACTICES/RECORDS. A. All data created, collected, received, maintained, or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents, and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 19. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such City of Lakeville 20195 Holyoke Avenue Lakeville MN 55044 Rainbow Tree Company 11571 K-Tel Dr Minnetonka, MN 55343 Page 62 of 254 faulty part or parts and damage done by reason of the same in accordance with the proposal specifications. 20. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement between the parties and no oral statement or representation, or prior written matter not contained in this instrument shall have any force and effect. This Contract shall not be modified in any way except by writing executed by both parties. 21. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 181.59 that states: Subsection A. That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier or Contractor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; Subsection B. That no contractor, material supplier, or Contractor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent the person or persons from the performance of work under any contract on account of race, creed, or color; Subsection C. That a violation of this section is a misdemeanor; and Subsection D. That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 22. WORK HOURS. Working hours shall be restricted to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. Changes to those hours should be coordinated with the City. 23. BACKGROUND CHECKS. The City must receive from the Contractor and each Contractor’s employee written authorization permitting the City of Lakeville Police Department to perform a criminal history background check and further authorize the Police Department to release the information obtained to the Lakeville City Council, City Administrator and other appropriate employees. The City reserves the right to deny access to City facilities to those Contractors or Contractor’s employees that it deems inappropriate. Page 63 of 254 CITY OF LAKEVILLE BY: Luke M. Hellier, Mayor AND Ann Orlofsky, City Clerk CONTRACTOR: BY: (Print Name) Its: Ryan Spencer Municipal Consulting Arborist Page 64 of 254 Contractor City Owned Trees: Price per Diameter Inch City Owned Trees: Proposal Total over Two Years Privately Owned Trees: Price per Diameter Inch Rainbow Tree Company, DBA Rainbow Treecare $3.90 $124,027.80 $7.25 The Davey Tree Expert Company $7.00 $222,404.00 $7.50 Page 65 of 254 Date: 2/5/2024 Contract for water tank inspection and cleaning Proposed Action Staff recommends adoption of the following motion: Move to approve a professional services contract with SEH, Inc for water tank inspection and cleaning. Overview Four of the city’s water tanks are recommended for inspection and cleaning. The last time these tanks were cleaned and inspected was in 2018. The tanks recommended for cleaning and inspection include Dakota Heights, Holyoke, Kenrick and old public works tanks. The scope of the work in general includes pressure-washing of wet interior surfaces and performing coating evaluations of each tank. Over time, sediment can build up in tanks and can cause water quality issues. The inspection of the tanks is also needed to plan for future capital improvement maintenance projects. Supporting Information 1. Proposal-Inspections and Cleanouts Financial Impact: $51,000 Budgeted: Yes Source: Water Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Paul Oehme, Public Works Director Page 66 of 254 Building a Better World for All of Us® SEH Design|Build, Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehdb.com Affirmative Action–Equal Opportunity Employer December 13, 2023 RE: Water Tank Inspection and Cleaning Proposal SEH No. LAKEV Des. Bld. - WTMS 14.00 Paul Oehme, PE Public Works Director City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Dear Mr. Oehme: Short Elliott Hendrickson Inc. (SEH®) and SEH Design Build (SEH D|B) are pleased to submit this proposal to the City of Lakeville for the cleaning and inspection of four of your potable water storage tanks (Dakota Heights, Holyoke, Kenrick, and Public Works) (hereinafter called the “Project”). SEH recognizes the importance of conducting inspections of your water storage facilities, as a means of identifying possible deficiencies to provide ongoing maintenance in an overall effort to extend their service life. SEH has been performing facility evaluations (in accordance with AWWA D101) successfully for over 20 years, working with countless other cities to meet their expectation for long-term service. This letter supplements the Agreement for Professional Services between City of Lakeville and SEH dated September 20, 2021, providing these services in connection with the Project. Based on our discussion with City staff, we understand the desired scope of services includes the following: SCOPE OF WORK The City of Lakeville has requested a Scope of Work and related pricing to wash-out the wet interior spaces and inspect four water storage tanks within the City. The storage tanks included within this Scope of Work are as follows: 2.0-MG Dakota Heights ground storage tank 2.0-MG Holyoke elevated composite hydropillar tank 750,000-gallon Kenrick elevated hydropillar tank 500,000-gallon Public Works elevated hydropillar tank For the prescribed cleanings and inspections of the water tanks, our team will verify any access requirements prior to mobilization on the site. Any identified access needs will be provided to the City of Lakeville staff. SEH D|B will notify the City of Lakeville in advance of project commencement and provide at least one (1) week notification prior to mobilization. For the required tank cleaning, SEH D|B staff will pressure wash the wet interior surfaces (including the bottom of the bowl and six feet up the shell wall) to remove sediment and scale from the storage reservoir. For the required tank evaluations, SEH D|B will inspect the exterior, interior wet, and dry interior (where applicable) surfaces and appurtenances. The inspection shall include, but not be limited to, corrosion, structural integrity, coatings serviceability, containments (lead and/or chromium identification, etc.) and regulatory requirements. Page 67 of 254 Paul Oehme, PE December 13, 2023 Page 2 SEH D|B will provide additional analysis regarding these inspections and incorporate the findings as a supplement to our report. Prior to the start of the project, the project manager will review site access and expectations with City staff. Upon project completion, SEH D|B will review its results and draft recommendations with staff prior to delivery of the final report. SPECIFIC TASKS Our work will include the cleaning and inspection of the four aforementioned water storage tanks. The successful completion of this project will include: 1. Pressure-washing of wet interior surfaces (including up to six feet up the shell wall) to remove sediment and scale from the inside of the tanks. 2. Performing coatings evaluations of each facility, in accordance with AWWA D101, to determine the condition of the tank with regard to current industry standards. 3. Performing the following tests in conformance with ASTM and SSPC (Society for Protective Coatings) as applicable to each water tank. a. Collect DFT (Dry Film Thickness) readings. b. Perform adhesion testing, as applicable and at the discretion of the City of Lakeville (destructive testing). c. Record ultrasonic thickness readings of pitted steel area(s), as applicable. 4. Collect digital photographs of the site, structure, and condition. 5. Provide a written report (two copies, one physical and one digital copy) detailing all field observations, conclusions, and recommendations for any repair, and/or maintenance along with an estimate of associated costs for future repairs or maintenance. THE SEH D|B TEAM: Our team will consist of our tank cleaning contractor, and a NACE Certified Coating Inspector. They will both be responsible for separate aspects of this project. All SEH D|B protective coating inspectors are certified through the Society for Protective Coatings (SSPC) and/or the National Association of Corrosion Engineers (NACE International now known as AMPP). Inspectors are certified through the American Welding Society (AWS) or are working under the direct supervision of an AWS certificated inspector and/or registered professional engineer. Additionally, each inspector has received the required safety training applicable to this scope of work. SEH D|B will provide and be responsible for all field equipment necessary to perform the required scope of work. If any additional services are necessary upon our arrival to the job site, these services may be provided via change order or by revising this initial letter proposal. OWNER’S RESPONSIBILITIES: City of Lakeville staff will assist SEH D|B in the following manner: Provide timely direction and policy decisions as required to complete the work. Coordinate communications with any applicable City departments and/or divisions. Provide timely access to the tanks. Have the tank drained prior to cleaning and inspection. Provide onsite staff, as may be required, to operate the facility during the evaluation and/or sediment removal process. Page 68 of 254 Paul Oehme, PE December 13, 2023 Page 3 Provide background information on each tank; including maintenance (painting/reconditioning) records and previous inspection reports, as may be applicable. PROJECT FEE The SEH D|B fees for the prescribed project will be on a lump sum basis and not to exceed $51,000. SCHEDULE When approved, SEH D|B will identify a proposed schedule for the project, for review by City staff. As the project is weather dependent (requiring temperatures above freezing) we would propose the City should wait until Spring 2024 to being the project. We would propose this project could commence by mid-April, 2024. We presume the project should be completed within eight working days from initial mobilization. This letter and the above-referenced Agreement for Professional Services, represents the entire understanding between City of Lakeville and SEH with respect to the Project and may only be modified in writing and signed by both parties. If this document satisfactorily sets forth your understanding of our agreement, please sign and return the executed agreement to SEH. We are thankful for the continued opportunity to serve the City of Lakeville. Please contact Brad Sipe at 651.765.2955 or bsipe@sehinc.com if you have any questions or would like to discuss the proposal further. Sincerely, Steven L. Peterson, PE Brad Sipe, NACE Jason P Sprague, PE President Protective Coatings Manager Principal (Lic. WI/KY) (Lic. MN) Accepted: [[DocuSignDateSigned_2]] City of Lakeville By [[DocuSignSignature_2]] Attachment: Master Agreement dated September 20, 2021 Page 69 of 254 Page 70 of 254 Page 71 of 254 Page 72 of 254 Page 73 of 254 Page 74 of 254 Page 75 of 254 Page 76 of 254 Page 77 of 254 Page 78 of 254 Page 79 of 254 Page 80 of 254 Page 81 of 254 Page 82 of 254 Page 83 of 254 Page 84 of 254 Page 85 of 254 Page 86 of 254 Page 87 of 254 Page 88 of 254 Page 89 of 254 Date: 2/5/2024 Proposal from Innovative Office Solutions for Antlers Park Pavilion Furniture Proposed Action Staff recommends adoption of the following motion: Move to accept proposal from Innovative Office Solutions for Antlers Park Pavilion Furniture. Overview The Antlers Park Pavilion was substantially completed in 2023 as part of the park’s expansion and improvement project that was approved as part of the 2021 park bond referendum. The facility will be open to public rentals and will offer food storage and prep areas, modern restrooms, AV equipment and a meeting room with seating for approximately 90 people. Staff is in the final stages of furnishing the facility for rentals to begin on June 1 which includes the ordering of tables and chairs. At this time, Staff is recommending that the Mayor and City Council approve the purchase of 120 chairs, three 24” by 72” rectangle tables, twelve 60” round tables and three storage racks at a cost of $55,964.90 which also includes necessary assembly and is part of the State Contract pricing. Supporting Information 1. IOS Proposal for Antlers Pavilion Furniture Financial Impact: $55,964.90 Budgeted: Yes Source: Park Bond Referendum Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Susan Johnson, Recreation Manager Page 90 of 254 952.808.9900 | 866.574.5389 INNOVATIVEOS.COM SALES PERSON Chris Foss 651-486-1231 cfoss@innovativeos.com PROPOSAL DATE 01/29/2024 CUSTOMER NAME CITY OF LAKEVILLE CUSTOMER NUMBER S21227 CUSTOMER PO ORDER NAME 2024 budget for Antlers park Special T VIA ORDER NUMBER 226546 PROJECT NUMBER TERMS NET 15 Page 1 of 3 BILL TO CITY OF LAKEVILLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044-8339 ATTN: Accounts Payable-DeAnn Email: accountspayable@lakevillemn.gov SHIP TO PARKS 20195 HOLYOKE AVE LAKEVILLE, MN 55044-8339 ATTN: SUSAN JOHNSON Phone: 952-985-4610 Email: smjohnson@lakevillemn.gov LINE DESCRIPTION QUANTITY UNIT PRICE EXTENDED AMOUNT 1 802-0A--01-B-~-~-~-8US-GR-1-SILVERTEX-CARBON-1S-~-FA-~ Splash mesh back stackable chair, armless. 01:black seat B:Standard black frame. ~:No. ~:No. ~:No. 8US:Upholstered seat addition. GR-1:Grade 1 textile. SILVERTEX:In stock Spradling Silvertex vinyl. CARBON:QS Silvertex Carbon. 1S:black mesh -1S ~:Standard plastic clear glides. FA:Ships fully assembled (standard). ~: 120.00 Each 241.96 29,035.20 2 800C--FA Splash high-density transport cart for chairs. FA:Ships fully assembled (standard). 3.00 Each 455.40 1,366.20 3 STRU-FT-T-60 Structure-Flip Top-T Table, 60"D, Round, Finishes TBD 12.00 Each 1,714.00 20,568.00 4 STRU-FT-T-2472 Structure-Flip Top-T Table, 24"D x 72"W Rectangle, Finishes TBD 3.00 Each 998.50 2,995.50 5 FURNINSTALL Receive and Install tables and chairs 1.00 Each 2,000.00 2,000.00 Remit to address for deposits: Innovative office Solutions LLC Lockbox #131434 PO Box 1414 Minneapolis, MN 55480-1414 Proposal Valid For 14 Days SUBTOTAL $55,964.90 TOTAL $55,964.90 Thank you for the opportunity to partner together. Please review the quotation and let us know if you have any questions. Signature: _________________________Name:_______________________ Title:___________________ Date: ___________ Page 91 of 254 952.808.9900 | 866.574.5389 INNOVATIVEOS.COM SALES PERSON Chris Foss 651-486-1231 cfoss@innovativeos.com PROPOSAL DATE 01/29/2024 CUSTOMER NAME CITY OF LAKEVILLE CUSTOMER NUMBER S21227 CUSTOMER PO ORDER NAME 2024 budget for Antlers park Special T VIA ORDER NUMBER 226546 PROJECT NUMBER TERMS NET 15 Page 2 of 3 THANK YOU FOR THE OPPORTUNITY We are thrilled for the opportunity to partner together on your project. The terms and conditions below outline a working understanding for the project journey and is intended to set both organizations up for success. If you have questions or concerns, please contact us directly. QUOTES AND PRICING Please review your final project plan and quote to confirm it will fit your space and workplace needs. Quoted prices are good for 14 days from the date of the proposal. Due to the volatile transportation conditions in 2022 & 2023, freight will be billed based upon actual. Unless otherwise noted, prices quoted do not include sales, use, excise, or other applicable taxes. Any applicable taxes will be added or adjusted on the invoice at the time of billing. Buyers exempt from taxes should provide Innovative with copies of exemption certificates prior to placing the order. DESIGN AND ORDERING Innovative’s Design team will work with you and/or your team to design a space that is customized to your budget, style and unique needs to transform your space/s and bring your vision to life. If you do not want to move forward with us on a project, the design work remains the exclusive property of Innovative Office Solutions and we reserve the right to invoice you for the design costs incurred. NEED FOR DEPOSITS A deposit of 50% of the order is required on all projects in excess of $10,000. The deposit is essential as our vendor partners require payment from us when placing orders. Once the deposit is received, we will place your order. Payments must be in the form of check, ACH or wire transfer. Credit cards are not accepted for deposits or other furniture payments over $5,000. PAYMENT TERMS Our Innovative team will send invoices following delivery and installation completion. To ensure a seamless accounting experience, please send payment within 30 days of the invoice date. It is not uncommon for a project to be substantially complete, except for a few punch list items. We appreciate you paying your invoice in full. Innovative will complete your project when outstanding items and/or parts become available. CHANGES Once we receive the sign off on design plan and proposed budget, your order will be placed. Due to the customization of many projects, once orders are placed, most products are not returnable. Modifications or cancellations may result in cancellation or restocking charges by our manufacturer partners. Unfortunately, we will need to invoice you if such charges are incurred. Where a Scope of Work is included with this Agreement, costs resulting from changes in the scope of the project, including any additional requirements or restrictions placed on Innovative will be added to the project price. When Innovative becomes aware of the nature and impact of the change, you will be notified, and all project paperwork will be updated as necessary. In this instance, a revised quote will be generated for signoff. PROJECT DELAYS AND STORAGE We understand projects are occasionally delayed. This may mean you are unable to accept product from us as scheduled. When this occurs, Innovative will store your items at no charge for up to 30 days to provide you with additional time to ensure your space is ready for installation. After 30 days, we will provide a quote to continue to store your product, as we want to make sure it is safe and in a secure location. DELIVERY AND RECEIPT OF PRODUCT We will contact you once we are notified your product has been shipped and is on its way. Your product will be delivered during regular business hours. In order to provide an exceptional delivery experience, we ask that you inform us of any unique circumstances that a driver or install team may face during a delivery. This may include such challenges as a downtown location or the need for a liftgate. Providing us with this information ensures that product is delivered to the proper location within your facility and will reduce the chances of damage to any of the items. We kindly ask you to inspect all product directly shipped and/or delivered and brought onto the job site as scheduled. If you discover product has been damaged or shipped in error during the receiving process, please notify us within 24 hours to ensure that appropriate claims can be Page 92 of 254 952.808.9900 | 866.574.5389 INNOVATIVEOS.COM SALES PERSON Chris Foss 651-486-1231 cfoss@innovativeos.com PROPOSAL DATE 01/29/2024 CUSTOMER NAME CITY OF LAKEVILLE CUSTOMER NUMBER S21227 CUSTOMER PO ORDER NAME 2024 budget for Antlers park Special T VIA ORDER NUMBER 226546 PROJECT NUMBER TERMS NET 15 Page 3 of 3 filed. After product arrives at your site, any loss or damage caused by other trades or by weather, fire or other elements is your responsibility. INSTALLATION PREMISES CONDITIONS It is our sincere priority to make sure the installation of your product is timely, professional, and as efficient as possible. To facilitate this, we ask the site to be clean, clear, and free of debris prior to installation. The jobsite should have proper lighting, heat, power source, hoisting and/or elevator service and suitable unobstructed dock space and a secured staging area. The job site shall also be free of the interference of other trades in the area where installation is taking place. We understand in certain situations spaces are not ready for installation when the initial date was scheduled. If this is the case, please provide at least a 48-hour notice so we can keep your project on track to the best of our ability. If proper, timely communication does not occur, unfortunately additional charges may be invoiced to cover costs incurred. Our Installation Team installs product based on the final approved layout. If there are any changes to the final plan, please make sure these are addressed prior to the installation date. WARRANTY Each manufacturing partner of Innovative has a warranty standard. For more information on warranty details, reach out to your Innovative Account Executive. Warrantied product replacements may require billable installation services. CLAIMS Innovative will help resolve claims concerning damaged and/or defective product, materials and/or workmanship made within the warranty period as stated by the manufacturer, supplier, or fabricator. We will arrange for the repair or replacement of any damaged or defective items and/or installation to make sure the project is successful. FORCE MAJEURE We will do our absolute best to ensure we can secure and install your product, but if there are reasons beyond our control, Innovative will not be liable. Reasons include but are not limited to, strikes, pandemics, embargos, war or other breakout of hostilities, acts of God, machinery breakdowns, delays of carriers or suppliers, and domestic or foreign governmental acts or regulations. GOVERNING LAW This agreement shall be governed by and construed according to the laws of the State of Minnesota. ARBITRATION We want to make this a true partnership and resolve any issues that may occur. Any controversies or claims arising relating to this contract will be settled by arbitration administered by the American Arbitration Association. They will fall under its commercial rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court with authority. The award shall include the costs of arbitration and the legal fees of the prevailing party. THANK YOU FOR YOUR PARTNERSHIP Innovative Office Solutions is built upon a “relationships matter” belief system, and every project matters to us. We are thankful for the opportunity to partner together, and we look forward to serving you! ___________________________________Authorized Signature _________________Date Page 93 of 254 Date: 2/5/2024 Approve Amending the 2023 MSA Fund Budget (CP20-05) Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Amending the 2023 Municipal State Aid Fund Budget for project CP20-05. Overview The City Council previously approved a JPA with Dakota County for the construction of improvements along County State Aid Highway (CSAH) 70 from Kenrick Avenue to Cedar Avenue to alleviate congestion, make safety improvements, and provide for increasing traffic levels. The majority of this construction was completed in 2020 and 2021. Due to involvement of federal funding on the project, the review and reporting of final costs following the project was delayed. The County was the lead agency throughout this project and provided the City with an update of final costs incurred on the project in December 2023, including the City’s final share of costs. Staff has completed a review of the final costs as well as determined the appropriate split of internal funding sources. Staff is providing an update of final costs to City Council and recommends authorization to allocate costs and/or transfer funding as needed between funds in 2023. Supporting Information 1. Resolution Amending 2023 MSA Fund Budget CP20-05 Financial Impact: $ various Budgeted: Yes Source: Budget Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 94 of 254 CITY OF LAKEVILLE RESOLUTION NO. ____ Resolution Amending the 2023 Municipal State Aid Fund Budget (CP 20-05) WHEREAS, the City Council previously approved a JPA with Dakota County for construction of improvements to CSAH 70 (CP20-05), for which construction has been completed; and WHEREAS, the County provided final costs on the project, including application of a 15% cost cap on eligible portions of the project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota, as follows: 1) The estimated total City share of the project cost is $6,315,321, and funded by the sources noted below. Staff recorded estimates of amounts owed to the County in the 2021 financial statements based on the County’s 2021 estimates, and now needs to record the amounts by fund noted in the Change in 2023 column below. City staff is hereby authorized to amend the 2023 budgets and make the appropriate transfers between funds and/or cost allocations with respect to the project funding sources per the 2023 changes below. ADOPTED by the Lakeville City Council this 5th day of February 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Fun di n g Sour ce Pr evi ous est i mat e (Dec. 2021) Fin al est i mat e (Dec. 2023) Chan ge i n 2023 MSA $3,402,644 $1,801,048 ($1,601,596) W at er Oper at ing Fund $661,455 $1,009,757 $348,302 Sani t ar y Sewer Oper at ing Fund $77,098 $94,589 $17,491 St r eet Li ght Oper at i ng Fund $0 $48,756 $48,756 St or mwat er I nfr ast r uct ur e Fund $1,083,539 $585,781 ($497,758) W at er Tr unk Fund $1,364,993 $1,965,856 $600,863 Sani t ar y Sewer Tr unk Fund $326,896 $415,738 $88,842 Par k Dedi cat i on Fund $75,238 $181,778 $106,540 I SLP 3r d $0 $212,018 $212,018 T ot al 6,991,863.00 $6,315,321 ($676,542) Page 95 of 254 Date: 2/5/2024 Contract for Central Maintenance Facility Tower Rehabilitation Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Tanksco, Inc. for reconditioning the Central Maintenance Facility Water Tower, City Project 24-08. Overview The last cleaning and inspection of the Central Maintenance Facility Water Tower in 2018 revealed areas of failing paint coatings. Spot repairs were made at that time to allow for planning of a full reconditioning of the tower. The tower is now starting to show signs of flash rust. The reconditioning project includes removing existing coatings, coating the entire exterior and adding four Lakeville logos, coating the interior wet area, adding a mixer to prevent damage from freezing, and updating the interior fall arrest climbing system. Four bids were submitted. Tanksco, Inc. submitted the lowest base bid at a total of $641,600.00. A bid alternate for an extended warranty for a total of five years was submitted at a total of $21,000.00. The total contract amount, including the bid alternate item is $662,600.00. Staff and our project consultant have reviewed the bids, references and recommend the approval of a contract with Tanksco, Inc. Supporting Information 1. Tanksco Contract without signatures 2. Tabulate and Compare Bids 24-12 Financial Impact: $662,600.00 Budgeted: Yes Source: Water Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 96 of 254 Standard Form of Agreement LAKEV 175993 00 52 00 - 1 DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between the City of Lakeville, Minnesota (Owner) and Tanksco Inc. (Contractor). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2024 CMF Water Tower Rehabilitation. Project. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: CMF Water Tower Rehabilitation. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by Short Elliott Hendrickson Inc. (SEH). 3.02 The Owner has retained SEH (Engineer) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within 67 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 112 days after the date when the Contract Times commence to run. B. Early contract commencement date shall be July 22, 2024 and project shall commence on July 31, 2024. C. Contractor must identify the proposed continuous 67 calendar day construction period as part of the submitted bid. D. Contract Times will commence to run up issue of the Notice to Proceed (Section 00 55 00). 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, Page 97 of 254 Standard Form of Agreement 00 52 00 - 2 LAKEV 175993 instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,200 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,200 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages will be cumulative, and shall be collected for each portion of the project under construction in which the specified parameters have not been met. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor’s Bid. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. B. Only one payment will be made to the Contractor in any given month. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the third Monday of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. Page 98 of 254 Standard Form of Agreement LAKEV 175993 00 52 00 - 3 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. 6.04 Interest All amounts not paid when due shall bear interest at the rate of 5 percent per annum. ARTICLE 7 – CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: 1. Addenda (numbers 00 00 1 to 00 00 1 , inclusive). 2. This Agreement (pages 00 52 00-1 to 00 52 00-8, inclusive). 3. Performance and Payment Bonds (Document 00 61 13). 4. Other bonds. a. Maintenance bond (pages to , inclusive). 5. General Conditions (pages 00 72 00-1 to 00 72 00-66, inclusive). 6. Supplementary Conditions (pages 00 73 00-1 to 00 73 00-___, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of sheets with each sheet bearing the following general title: “CMF Water Tower Rehabilitation for City of Lakeville, MN”, dated January 5, 2024. 9. Exhibits to this Agreement (enumerated as follows). a. Contractor’s Bid. b. Non-Collusion Affidavit. c. Responsible Contractor Verification and Certification Form d. Documentation submitted by Contractor prior to Notice of Award (pages ___ to ___, inclusive). Page 99 of 254 Standard Form of Agreement 00 52 00 - 4 LAKEV 175993 e. Certificate of Insurance. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Field Order(s). c. Work Change Directive(s). d. Change Order(s). B. The documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 8 – REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, and any data and reference idents identified in the Contract Documents. 2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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. 3. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. 5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and (3) Contractor’s safety precautions and programs. 6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions the Contract. 7. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. Page 100 of 254 Standard Form of Agreement LAKEV 175993 00 52 00 - 5 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 11. 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 the with the consent of the Owner. 12. The Contract Documents shall not be construed as creating any contractual relationship between the Owner and any subcontractor. 8.02 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. B. The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as a requirement of this Contract. This Contract may be terminated by the Owner at any time upon discovery by the Owner that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in the Statute. C. The provisions of MINN. STAT. 471.425, subdivision 4a. are imposed as a requirement of this Contract. 1. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor’s receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. ARTICLE 9 – MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. Page 101 of 254 Standard Form of Agreement 00 52 00 - 6 LAKEV 175993 9.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Indemnity A. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 9.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. B. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. 9.07 Software License A. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 9.08 Patented Devices, Materials, and Processes A. If the Contract requires, or the Contractor desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in Page 102 of 254 Standard Form of Agreement LAKEV 175993 00 52 00 - 7 connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. 9.09 Assignment A. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 9.10 Permits and Licenses; Rights-of-Way and Easements A. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. Page 103 of 254 Standard Form of Agreement 00 52 00 - 8 LAKEV 175993 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on February 5, 2024, (which is the Effective Date of the Contract). OWNER: CONTRACTOR: City of Lakeville, Minnesota Tanksco Inc. By: By: Title: Title: [CORPORATE SEAL] [CORPORATE SEAL] Attest: Attest: Title: Title: Address for Giving Notices: Address for Giving Notices: License No. (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-Contractor Agreement). (Where Applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address Phone: Phone: Facsimile: Facsimile: END OF DOCUMENT Page 104 of 254 Bid Tabulation and Comparison 2024 CMF Water Tower Rehabilitation Project Base Bid Apparent Low Bid Apparent 2nd Low Apparent 3rd Low Engineer's Estimate TANKSCO INC J R Stelzer Co BRZ Coatings Inc Viking Painting, LLC Classic Protective Coatings, Inc TMI Coatings, Inc Avgerage Average Item Description Estimated Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total #Quantity Units Price Price Price Price Price Price Price Price Price Price Price Price Price Price Price Price 1 MOBILIZATION 1 LS $50,000.00 $50,000.00 $20,000.00 $20,000.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $21,800.00 $21,800.00 $10,300.00 $10,300.00 $75,000.00 $75,000.00 $23,683.33 $23,683.33 2 WASTE DISPOSAL 1 LS $15,000.00 $15,000.00 $15,000.00 $15,000.00 $3,000.00 $3,000.00 $24,000.00 $24,000.00 $9,100.00 $9,100.00 $12,600.00 $12,600.00 $7,000.00 $7,000.00 $11,783.33 $11,783.33 3 DISINFECTION & TESTING 1 LS $3,500.00 $3,500.00 $3,500.00 $3,500.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,800.00 $1,800.00 $1,100.00 $1,100.00 $2,000.00 $2,000.00 $1,816.67 $1,816.67 4 SITE RESTORATION 1 LS $4,000.00 $4,000.00 $7,000.00 $7,000.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 $4,400.00 $4,400.00 $1,900.00 $1,900.00 $3,000.00 $3,000.00 $3,466.67 $3,466.67 5 2-YEAR WARRANTY 1 LS $7,000.00 $7,000.00 $14,000.00 $14,000.00 $6,870.00 $6,870.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $2,650.00 $2,650.00 $2,000.00 $2,000.00 $5,920.00 $5,920.00 6 CAULKING 1 LS $4,500.00 $4,500.00 $6,500.00 $6,500.00 $3,000.00 $3,000.00 $1,000.00 $1,000.00 $5,700.00 $5,700.00 $2,700.00 $2,700.00 $6,000.00 $6,000.00 $4,150.00 $4,150.00 7 REMOVE AND REINSTALL WATER METER DATA COLLECTOR ANTENNA, CABLE, HARDWARE, ETC.1 LS $700.00 $700.00 $4,000.00 $4,000.00 $2,500.00 $2,500.00 $7,000.00 $7,000.00 $3,400.00 $3,400.00 $950.00 $950.00 $2,000.00 $2,000.00 $3,308.33 $3,308.33 8 REMOVE BY AIR ARC GOUGING, CUTTING TORCH OR GRINDING ALL SURFACE IMPERFECTIONS INCLUDING ERECTION SCAB MARKS1LS$4,500.00 $4,500.00 $8,000.00 $8,000.00 $7,000.00 $7,000.00 $3,000.00 $3,000.00 $4,000.00 $4,000.00 $7,200.00 $7,200.00 $1,000.00 $1,000.00 $5,033.33 $5,033.33 9 REMOVE AND REPLACE INTERIOR DRY FALL ARREST SYSTEMS WITH NEW CABLE STYLE SYSTEMS1 LS $10,000.00 $10,000.00 $4,500.00 $4,500.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $11,400.00 $11,400.00 $6,900.00 $6,900.00 $5,000.00 $5,000.00 $6,300.00 $6,300.00 10 REPLACE MISSING/BROKEN LIGHT BULBS WITH NEW LED BULBS 1 LS $800.00 $800.00 $3,500.00 $3,500.00 $350.00 $350.00 $1,500.00 $1,500.00 $700.00 $700.00 $500.00 $500.00 $1,000.00 $1,000.00 $1,258.33 $1,258.33 11 FURNISH & INSTALL SUBMERSIBLE MIXING SYSTEM 1 LS $32,000.00 $32,000.00 $35,000.00 $35,000.00 $22,000.00 $22,000.00 $40,000.00 $40,000.00 $40,400.00 $40,400.00 $27,450.00 $27,450.00 $35,000.00 $35,000.00 $33,308.33 $33,308.33 12 REMOVE AND DISPOSE OF BOWL MANWAY GASKET AND REPLACE WITH A NEW GASKET 1 LS $850.00 $850.00 $300.00 $300.00 $200.00 $200.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $500.00 $500.00 $583.33 $583.33 13 REMOVE AND REPLACE ROOF VENT WITH NEW AWWA FROST-FREE DESIGN AND PRESSURE PALLET ROOF VENT1LS$12,000.00 $12,000.00 $8,000.00 $8,000.00 $9,500.00 $9,500.00 $9,000.00 $9,000.00 $12,000.00 $12,000.00 $6,500.00 $6,500.00 $12,000.00 $12,000.00 $9,500.00 $9,500.00 14 REMOVE DISPOSE OF ALL EXTERIOR MANWAY HARDWARE AND GASKETS. REPLACE WITH NEW STAINLESS STEEL HARDWARE AND GASKETS. REINSTALL EXISTING LOCKS.1 LS $3,000.00 $3,000.00 $2,500.00 $2,500.00 $250.00 $250.00 $4,000.00 $4,000.00 $1,400.00 $1,400.00 $750.00 $750.00 $1,000.00 $1,000.00 $1,650.00 $1,650.00 15 CLEAN OUT EXISTING OVERFLOW PIPE AND REMOVE AND REPLACE OVERFLOW DISCHARGE SCREEN1LS $800.00 $800.00 $300.00 $300.00 $500.00 $500.00 $200.00 $200.00 $600.00 $600.00 $500.00 $500.00 $2,000.00 $2,000.00 $683.33 $683.33 16 DEHUMIDIFICATION 1 LS $25,000.00 $25,000.00 $25,000.00 $25,000.00 $14,000.00 $14,000.00 $10,000.00 $10,000.00 $59,200.00 $59,200.00 $14,300.00 $14,300.00 $25,000.00 $25,000.00 $24,583.33 $24,583.33 17 CONTAINMENT SYSTEM 1 LS $60,000.00 $60,000.00 $30,000.00 $30,000.00 $65,000.00 $65,000.00 $60,000.00 $60,000.00 $118,100.00 $118,100.00 $71,100.00 $71,100.00 $120,000.00 $120,000.00 $77,366.67 $77,366.67 18 INTERIOR WET - COMPLETE COATING REMOVAL AND REPLACEMENT 1 LS $430,000.00 $430,000.00 $225,000.00 $225,000.00 $215,200.00 $215,200.00 $250,000.00 $250,000.00 $238,000.00 $238,000.00 $355,600.00 $355,600.00 $510,000.00 $510,000.00 $298,966.67 $298,966.67 19 INTERIOR DRY - SPOT COATING REMOVAL & REPLACEMENT AND MAINTENANCE 1 LS $25,000.00 $25,000.00 $18,000.00 $18,000.00 $15,000.00 $15,000.00 $40,000.00 $40,000.00 $3,700.00 $3,700.00 $9,200.00 $9,200.00 $15,000.00 $15,000.00 $16,816.67 $16,816.67 20 EXTERIOR - COMPLETE COATING REMOVAL AND REPLACEMENT 1 LS $458,000.00 $458,000.00 $199,500.00 $199,500.00 $276,425.00 $276,425.00 $257,000.00 $257,000.00 $240,000.00 $240,000.00 $304,800.00 $304,800.00 $445,000.00 $445,000.00 $287,120.83 $287,120.83 21 EXTERIOR - LOGO 1 LS $18,000.00 $18,000.00 $12,000.00 $12,000.00 $8,000.00 $8,000.00 $15,000.00 $15,000.00 $30,000.00 $30,000.00 $10,800.00 $10,800.00 $15,000.00 $15,000.00 $15,133.33 $15,133.33 TOTALS BASE BID $1,164,650.00 $641,600.00 $662,795.00 $745,700.00 $811,700.00 $848,300.00 $1,284,500.00 $832,432.50 Engineer's Estimate TANKSCO INC J R Stelzer Co BRZ Coatings Inc Viking Painting, LLC Classic Protective Coatings, Inc TMI Coatings, Inc TOTALS BASE BID + ALTERNATES $1,182,650.00 $662,600.00 $669,795.00 $755,700.00 $828,200.00 $865,800.00 $1,306,500.00 Bid Alternate 1 Apparent Low Bid Apparent 2nd Low Apparent 3rd Low Engineer's Estimate TANKSCO INC J R Stelzer Co BRZ Coatings Inc Viking Painting, LLC Classic Protective Coatings, Inc TMI Coatings, Inc Avgerage Average Item Description Estimated Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total #Quantity Units Price Price Price Price Price Price Price Price Price Price Price Price Price Price Price Price 22 TOTAL 5 YEAR WARRANTY (ADD ADDITIONAL 3 YR TO BASE BID 2-YEAR WARRANTY)1 LS $18,000.00 $18,000.00 $21,000.00 $21,000.00 $7,000.00 $7,000.00 $10,000.00 $10,000.00 $16,500.00 $16,500.00 $17,500.00 $17,500.00 $22,000.00 $22,000.00 $15,666.67 $15,666.67 TOTALS BID ALTERNATE 1 $18,000.00 $21,000.00 $7,000.00 $10,000.00 $16,500.00 $17,500.00 $22,000.00 $15,666.67 Did not submit Prequalifications and therefore bid shall not be considered Prepared by Ferraro, Steve 1/25/2024 Page 1 Page 105 of 254 February 5, 2024 Item No. RESOLUTION AMENDING THE 2023 GENERAL FUND BUDGET Proposed Action Staff recommends adoption of the following motion: Move to approve the Resolution Amending the 2023 General Fund Budget. Overview Various events have transpired during the year which require an adjustment to the 2023 General Fund budget. Various amendments have been approved by the City Council during the year. Approval of this resolution authorizes the amendment of the budget to more accurately reflect changes in operations. Final Adopted YTD 2/5/2024 Amended Budget Amended Amendment Budget Revenues 35,371,123$ 38,060,154$ -$ 38,060,154$ Expenditures 36,899,342 36,986,015 -36,986,015 Excess (Deficiency)(1,528,219)1,074,139 -1,074,139 Other Financing Sources (Uses)(1,182,781)(1,812,947)(68,764)(1,881,711) Net Change in Fund Balance (2,711,000)(738,808)(68,764)(807,572) Fund Balance, January 1 21,881,813 22,007,407 22,007,407 Fund Balance, December 31 19,170,813$ 21,268,599$ 21,199,835$ General Fund Detailed explanations for the adjustments are included as part of the exhibit to the resolution. The original budgeted January 1, 2023 fund balance was adopted based on estimates from the prior year. The beginning fund balance is amended to the actual fund balance on January 1, 2023. Supporting Information •Resolution o Exhibit A: General Fund and Amendment Notes Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Julie Stahl, Finance Director S0 Various 2023 Budget Page 106 of 254 CITY OF LAKEVILLE RESOLUTION NO. ________ Resolution Amending the 2023 General Fund Budget BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 1. The 2023 budget for the General Fund is hereby amended for the fiscal year ending December 31, 2023 as per Exhibit A, as attached hereto. ADOPTED by the Lakeville City Council this 5th day of February 2024. ________________________________ Luke M. Hellier, Mayor ________________________________ Ann Orlofsky, City Clerk Page 107 of 254 Exhibit A 2023 2023 2023 2023 2023 YTD 12/18/2023 2/5/2024 Final Adopted Amended Adjust Adjust Amended Budget Budget Res. No. 23-154 Res. No. 24-xxx Budget Notes Revenues General property taxes 26,954,875$ 26,954,875$ -$ -$ 26,954,875$ Licenses and permits 2,943,346 2,943,346 373,000 - 3,316,346 Intergovernmental 1,512,699 1,512,699 1,991,476 - 3,504,175 Charges for services 3,392,946 3,471,591 245,910 - 3,717,501 Court fines 240,000 240,000 - - 240,000 Investment income 281,000 281,000 - - 281,000 Miscellaneous 46,257 46,257 - - 46,257 Total revenues 35,371,123 35,449,768 2,610,386 - 38,060,154 Expenditures General government Mayor and Council 138,778 138,778 (6,909) - 131,869 Committees and Commissions 127,877 127,877 885 4,860 133,622 (3) City administration 629,559 629,559 (69,503) 41,460 601,516 (3) City Clerk 183,931 183,931 185 14,430 198,546 (3) Legal counsel 97,350 97,350 - - 97,350 Planning 662,843 662,843 993 420 664,256 (3) Community and econ. development 519,673 519,673 593 1,570 521,836 (3) Inspections 1,936,637 1,987,477 4,523 (134,860) 1,857,140 (3) General government facilities 684,889 684,889 (91,676) (2,130) 591,083 (3) Finance 1,134,847 1,191,943 (28,537) 10,700 1,174,106 (3) Information systems 1,072,579 1,072,579 (173,515) (41,460) 857,604 (3) Human resources 887,396 895,198 (137,885) (29,990) 727,323 (3) Insurance 250,000 250,000 - - 250,000 Public safety Police 14,311,128 14,311,128 200,937 (63,460) 14,448,605 (3) Fire 2,666,423 2,666,423 202,628 198,460 3,067,511 (3) Public works Engineering 1,120,397 1,120,397 (213,840) - 906,557 Forestry 566,047 566,047 332 - 566,379 Operations and Maintenance 621,899 621,899 79,429 - 701,328 Streets 4,064,622 4,064,622 (74,790) - 3,989,832 Parks and recreation Parks 3,470,194 3,470,194 28,033 - 3,498,227 Recreation 847,937 847,937 53,748 - 901,685 Heritage Center 140,673 140,673 373 - 141,046 Arts Center 763,663 763,663 194,931 - 958,594 Total expenditures 36,899,342 37,015,080 (29,065) - 36,986,015 Excess (deficiency) of revenues over expenditures (1,528,219) (1,565,312) 2,639,451 - 1,074,139 Other financing sources (uses) Transfer from other funds 1,171,099 1,285,453 (744,520) (68,764) 472,169 (1), (2) Transfer to other funds (2,353,880) (2,353,880) - - (2,353,880) Total other financing sources (uses) (1,182,781) (1,068,427) (744,520) (68,764) (1,881,711) Net change in fund balance (2,711,000) (2,633,739) 1,894,931 (68,764) (807,572) (1),(2),(3) Fund balance, January 1 21,881,813 21,881,813 125,594 125,594 22,007,407 Fund balance, December 31 19,170,813$ 19,248,074$ 2,020,525$ 56,830$ 21,199,835$ 2023 GENERAL FUND BUDGET General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances For the Year Ending December 31, 2023 Page 108 of 254 Exhibit A (1)Payment from Liquor in Lieu of Taxes. This was included in the December 18th 2023 budget amendments, but was noted as an addition to revenue instead of a switch from transfer from Liquor store to a charges for services revenue. Revenues: Remove Liquor store transfer 54,410 Use of Fund Balance 54,410 (2)Remove transfer from Utilities related to ERP, as the costs were allocated out instead of recording as a transfer into the General Fund. Revenues: Remove Utilities transfer 14,354 Use of Fund Balance 14,354 (3)Adjust Expenses within General Fund Personnel City Administrator 22,460 Finance 25,130 Information Technology (41,460) Human Resources (25,130) Planning 420 Community Development (420) Police (63,460) Fire 198,460 Inspections (135,000) Other Charges and Services Committees and Commissions 4,860 City Administrator 19,000 City Clerk 14,430 Finance (14,430) Human Resources (4,860) Community Development 1,990 City Hall (2,130) Inspections 140 Page 109 of 254 Date: 2/5/2024 Resolution to Approve Amended Policy Change to Hours of Work Policy Proposed Action Staff recommends the adoption of the following motion: Move to approve a resolution to amend Policy 6.22.g, Hours of Work. Overview Staff recommends that the City Council amend the policy language to reflect the current payroll practices. The current policy states hours are kept in 1/10 hour increments. Current practice has been to round to the nearest quarter-hour. As we transition to a new timekeeping software program, it is recommended that we adjust our policy to current practice. Supporting Information 1. Redlined Hours of Work Policy Financial Impact: $ Budgeted: Yes Source: Various Funds Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Alissa Frey, Human Resources Director Page 110 of 254 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION TO APPROVE AMENDED POLICY CHANGE TO HOURS OF WORK POLICY WHEREAS, the city is amending the policy language to reflect what is currently being practiced for payroll purposes; and NOW, THEREFORE, BE IT RESOLVED that the City Council approve the changes as follows: 1. Employees’ hours worked will be rounded to the nearest quarter-hour; Policy 6.22.g ADOPTED by the Lakeville City Council on this 5th day of February 2024. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor _________________________ Ann Orlofsky, City Clerk Page 111 of 254 HOURS OF WORK Policy 6.22 1) PURPOSE a) In order to adequately provide city services and to provide the basis for employee compensation, the city must assure the availability of personnel and specify the number of hours and days the city expects employees to be at their jobs. 2) POLICY a) Forty (40) hours of actual attendance on duty will constitute the regular work week for most full-time employees, with the average work month to be one hundred seventy-three and one- third (173 1/3) hours for the purpose of computing vacations, sick leave and fractions of a month’s work. b) Except as otherwise provided, the regular workday will begin at 8:00 a.m. and end at 4:30 p.m., with one-half (1/2) hour period therein constituting a lunch period. The lunch period will be scheduled by the department director in such a manner that service will always be afforded to the public. The regular workweek will consist of five (5) consecutive eight (8) hour workdays, Monday through Friday, or an equivalent number of hours pursuant to a work schedule arranged with the department director and approved by the City Administrator. c) Department directors, with prior approval of the City Administrator, may establish the scheduled hours of work for employees within their departments. Such hours cannot be less than the minimum hours described in this policy but may vary for shift requirements and other times deemed necessary to properly provide city services beyond regular business hours. d) Flex-time schedules may be established only with the approval of the department director and City Administrator. Each employee must adhere to a schedule which has been established by taking into consideration the department workload and necessary services provided by the city. e) All overtime must be approved by the appropriate department director or the department director’s designee prior to being worked. (See policy on overtime payment.) f) Incidental time will be excluded from overtime consideration. Incidental overtime means overtime worked at the beginning or end of an employee’s shift in an amount not to exceed fifteen (15) minutes at either end of the workday. g) For payroll purposes, overtime will be rounded off to the nearest one-tenth (1/10th) quarter of an hour. 208 Page 112 of 254 Date: 2/5/2024 Resolution Calling Public Hearing On Unpaid Special Charges Proposed Action Move to approve Resolution Calling Public Hearing on Unpaid Special Charges. Overview Staff requests that the City Council call a public hearing to be conducted on April 1, 2024 for 2024 spring Unpaid Special Charges. These charges include costs and charges incurred by the City for mowing of grass, removal of weeds, property maintenance on nuisance properties, and unpaid utility bills, false alarm charges and tree removal charges. In order to recover the unpaid special charges, the City must follow State Statute procedures. Those procedures provide that the City must adopt a resolution declaring the unpaid special charges to be assessed and establish a date for the assessment hearing for those charges. Public notice of the hearing will be mailed to customers and published in the legal newspaper. Delinquent utilities – final bills In addition to certifying the amount delinquent, the City also collects a $50 service charge to cover the cost of certification and interest at a rate of 18% per annum of the amount delinquent plus the service charge for the period of April 1, 2024 until December 31, 2025. The certification process affects less than 1% of the Lakeville utility customers. Nuisance Abatement & Unpaid False Alarm Charges The affected parcels will each be assessed the actual contractual cost incurred, re-inspection fees, a $50 administrative fee to cover the cost of the assessment, and interest at a rate of 18% per annum of the amount delinquent plus the service charge for the period April 1, 2024 until December 31, 2025. Nuisance Abatement-Diseased Tree Removal The affected parcels will each be assessed the actual contractual cost incurred, a $50 administrative fee to cover the cost of the assessment, and an interest rate of 4.4% of the amount delinquent plus the service charge for the period April 1, 2024 until the end of the term based on dollar amount below. Term Assessment Amount 1 year $0 - $1,000 3 years $1,001 - $2,999 5 years $3,000 - $4,999 Page 113 of 254 7 years Over $5,000 In the staff’s opinion, certification is the least labor-intensive method of collecting delinquent accounts. It is also the process least likely to foster ill will amongst customers. Supporting Information 1. Resolution 2024-02-05 Calling Public Hearing Unpaid Special Charges Financial Impact: $Varies Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 114 of 254 CITY OF LAKEVILLE RESOLUTION No______ Resolution Calling Public Hearing on Unpaid Special Charges WHEREAS, Minn. Stat. 444.075, Subd. 3 authorizes the City to certify unpaid sanitary sewer, water and storm sewer charges (“utility charges”) to the County Auditor-Treasurer for collection with taxes; and WHEREAS, Minn. Stat, 429.101 authorizes the City to special assess unpaid streetlight charges, weed elimination from streets or private property and tree removal charges (“special charges”); and WHEREAS, Title 8-5-4 of the City Ordinance authorizes the City to special assess unpaid emergency service charges (“special charges”) to the County Auditor-Treasurer for collection with taxes; and WHEREAS, Title 4-4-15 of the City Ordinance authorizes the City to special assess the abatement of diseased shade trees to the County Auditor for collection with taxes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: 1. A public hearing shall be held on the 1st day of April 2024 at the Lakeville Council Chambers, 20195 Holyoke Avenue, at 6:00 p.m. to consider certifying unpaid utility charges, street light charges, weed elimination from streets or private property and tree removal charges to the County Auditor-Treasurer for collection with taxes and assessment of special charges. 2. The City Clerk is hereby directed to cause a notice of the hearing to be published once in the official newspaper at least two (2) weeks prior to the hearing. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the unpaid utility charge, street light charge, weed elimination from street or private property and tree removal charge list not less than two (2) weeks prior to the hearing. ADOPTED this 5th day of February 2024 by the City Council of the City of Lakeville. CITY OF LAKEVILLE By: ________________________________ Luke M. Hellier, Mayor ATTEST: ________________________________ Ann Orlofsky, City Clerk Page 115 of 254 Date: 2/5/2024 Resolution to Amend the Start Times of the 2024 Regular City Council Meetings and Work Sessions and amend the City Council Rules of Procedures Proposed Action Staff recommends the adoption of the following motion: Move to approve 1. Resolution Amending City Council Rules of Procedure Concerning Times of Regular City Council Meetings and Worksessions and 2. A Resolution to amend the start times for the 2024 regular City Council meetings and work sessions. Overview At the January City Council retreat, the council agreed to change the start times of regular meetings and work sessions to 6:00 p.m. The attached resolution establishes the schedule of regular City Council meetings and work sessions for the coming year at 6:00 p.m. start time. Lakeville's Council Rules and Procedures have also been updated to reflect this change. This change will begin with the regular City Council meeting on March 4, 2024. Supporting Information 1. Resolution Amending Meeting Start Times 2. Resolution Amending Council Rules and Procedures 3. Council Rules of Procedure 2024 (Redline) Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Ann Orlofsky, City Clerk Page 116 of 254 CITY OF LAKEVILLE RESOLUTION NO. 24- RESOLUTION AMENDING DATES AND TIMES OF REGULAR CITY COUNCIL MEETINGS AND WORK SESSIONS WHEREAS the City Council deems it to be in the best interest of the city to make the City Council Meeting and Work Session start times consistent with other Lakeville Boards and Commissions; WHEREAS, beginning March 4th, 2024, all City Council Meetings and Work Sessions will begin at 6:00 p.m. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville as follows: 1. That meeting dates in 2024 for the Lakeville City Council shall be as follows. Regular Meeting Regular Meeting Work Session January 2* January 16* January 22 February 5 February 20* February 26 March 4 March 18 March 25 April 1 April 15 April 22 May 6 May 20 May 28* June 3 June 17 June 24 July 1 July 15 July 22 August 5 August 19 August 26 September 3* September 16 September 23 October 7 October 21 October 28 November 4 November 18 November 25 December 2 December 16 December 9 *Meeting date is Tuesday due to legal holiday on Monday 2. City Council Regular Meetings and Work Sessions prior to March 4, 2024 shall begin at 6:30 p.m. and City Council Regular Meetings and Work Sessions occurring on or after March 4, 2024 shall begin at 6:00 p.m. ADOPTED by the Lakeville City Council this 5th day of February 2024. CITY OF LAKEVILLE Page 117 of 254 ______________________________ Luke M. Hellier, Mayor _______________________ Ann Orlofsky, City Clerk Page 118 of 254 CITY OF LAKEVILLE RESOLUTION NO. 24- RESOLUTION AMENDING CITY COUNCIL RULES OF PROCEDURE CONCERNING TIMES OF REGULAR CITY COUNCIL MEETINGS AND WORK SESSIONS WHEREAS the City Council deems it to be in the best interest of the city to make the City Council Meeting and Work Session start times consistent with other Lakeville Advisory Boards and Commissions; WHEREAS, beginning March 4th, 2024, all City Council Meetings and Work Sessions will begin at 6:00 p.m.; WHEREAS, the City Council desires to amend the Council Rules of Procedure to reflect the time change for City Council Meetings and Work Sessions; NOW, THEREFORE, BE IT RESOLVED that Section 1.1 of the Council Rules of Procedure is amended to read as follows: 1.1 Regular Meetings: The City Council of the City of Lakeville will hold regular meetings in the council chambers of City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota, on the first and third Mondays of each month at 6:00 p.m. If the meeting date falls on a legal holiday, the meeting will be scheduled instead on the next succeeding day that is not a holiday, unless another day has been designated in advance. A schedule of all regular meetings will be kept on file at City Hall. All meetings, including special, adjourned and emergency meetings, will be held at City Hall unless the notice of meeting designates a different location ADOPTED by the Lakeville City Council this 5th day of February 2024. CITY OF LAKEVILLE ______________________________ Luke M. Hellier, Mayor _______________________ Ann Orlofsky, City Clerk Page 119 of 254 i. City of Lakeville City Council Rules of Procedure Established: June 1991 Revised: August 2011 Revised: May 2019 Revised February 2021 Revised January 2024 TABLE OF CONTENTS 1. MEETINGS Page 120 of 254 1.1 Regular meetings 1 1.2 Adjourned meetings 1 1.3 Special meetings 1 1.4 Emergency meetings 1 1.5 Work sessions 2 1.6 Notice of meetings 2 1.7 Quorum 2 1.8 Meetings to be public 2 1.8.1 Personnel matters 2 1.8.2 Attorney-client matters 2 1.9 Annual meeting 2 1.10 Staff members present at meetings 2 1.10.1 City Clerk 2 1.10.2 City Administrator 2 1.10.3 City Attorney 3 1.10.4 City Employees 3 2. PRESIDING OFFICER AND DUTIES 2.1 Presiding Officer 3 2.2 Call to 3 2.3 Right of floor 3 2.4 Preservation of order 3 2.5 Points of order 3 2.6 Decorum and order – Council Members. 3 2.7 Decorum and order – Employees 4 2.8 Decorum and order – Public 4 2.9 Enforcement of Decorum 5 3. AGENDA AND ORDER OF BUSINESS 3.1 Agenda 5 3.1.1 Items not on the agenda 5 3.2 Delivery of agenda 5 3.3 Order of business 5 3.4 Roll call 6 3.5 Minutes of Council proceedings 6 3.6 Reading of minutes 6 3.7 Consent agenda 6 3.8 Adjournment 6 4. ORDINANCES, MOTIONS, AND VOTING PROCEDURES 4.1 Preparation of ordinances 7 4.2 Ordinances, confined to one subject 7 4.3 Motions 7 Page 121 of 254 4.3.1 Motions out of order 7 4.3.2 Division of question 7 4.3.3 Precedence of motions 7 4.3.4 Motion to adjourn (not debatable) 7 4.3.5 Motion to table 7 4.3.6 Motion to limit or terminate discussion 8 4.3.7 Motion to amend 8 4.3.8 Motion to continue 8 4.4 Voting procedure 8 4.5 Failure to vote 8 4.6 Reconsideration 8 4.7 Tie votes 9 4.8 Failure to achieve required votes 9 4.9 Conflict of interest 9 4.10 Rulings of Chair final unless overruled 9 5. BOARDS, COMMISSIONS AND COMMITTEES 5.1 Creation of boards, commissions and committees 9 5.2 Membership and selection 9 5.3 Removal of members 9 5.4 Vacancies 10 5.5 Minutes 10 6. CITIZENS’ RIGHTS 6.1 Right to address the Council 10 6.2 Addressing the Council 10 6.2.1 Addressing the Council regarding any matter not appearing on the regular Council Agenda 10 6.2.2 Addressing the Council regarding any matter appearing on the regular Council agenda 10 6.3 Addressing the Council during the Unfinished Business and New Business portions of the Agenda prohibited 11 6.4 Time limit for addressing the Council 11 7. AMENDMENT AND SUSPENSION OF RULES 7.1 Amendment of rules 11 7.2 Suspension of rules 11 Page 122 of 254 -1- CITY OF LAKEVILLE COUNCIL RULES OF PROCEDURE Adopted February 16, 2021 The purpose of these rules is to provide guidelines for the conduct of public business by or on behalf of the Lakeville City Council. 1. MEETINGS: 1.1 Regular meetings: The City Council of the City of Lakeville will hold regular meetings in the council chambers of City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota, on the first and third Mondays of each month at 6:30 p.m. 6:00 p.m. If the meeting date falls on a legal holiday, the meeting will be scheduled instead on the next succeeding day that is not a holiday, unless another day has been designated in advance. A schedule of all regular meetings will be kept on file at City Hall. All meetings, including special, adjourned and emergency meetings, will be held at City Hall unless the notice of meeting designates a different location. 1.2 Adjourned meetings: Any meeting may be adjourned to a specified time, place and date, not beyond the next regular meeting. After adjournment, the meeting cannot be reconvened. 1.3 Special meetings: As required by State Statute, a special meeting can be called by the mayor or any two members of the Council by writing filed with the City Clerk, who shall then mail or deliver a notice to all members of the time, place and agenda at least three (3) days before the meeting. The City Clerk shall also post written notice of the date, time, place and purpose of the meeting on the bulletin board at City Hall. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings. 1.4 Emergency meetings: As required by State Statute, an emergency meeting may be called because of circumstances that require immediate consideration by the City Council. Notice of the emergency meeting shall be given by telephone or by any other method used to notify the members of the Council. A good faith effort shall be made to provide notice of the meeting to the public and to each news medium that has filed a request for such notice. The notice shall include the purpose of the meeting. 1.5 Work sessions: Page 123 of 254 Work sessions shall generally be held on the fourth Monday of each month at 6:30 p.m., except when the fourth Monday falls on a legal holiday. Special work sessions can be called from time to time as deemed necessary. Information can be presented, and discussion can occur, but no action can be taken at work sessions. 1.6 Notice of meetings: Notice of all regular meetings, work sessions and special and emergency meetings will be consistent and will be posted by the City Clerk in designated locations. 1.7 Quorum: A majority of the Council (three of the five members) will be sufficient to do business. Certain matters, however, require four affirmative votes for approval. 1.8 Meetings to be public: A schedule of the meetings of the City Council shall be kept on file at City Hall. If a meeting is recessed or a continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of the meeting, then no further published or mailed notice is necessary. All regular, adjourned, special, or emergency meetings and all work sessions of the City Council will be open to the public, except as provided in the Open Meeting Law, Minnesota Statutes Chapter 13D as amended. 1.9 Annual meeting: At its first meeting of the year, sometimes referred to as the annual meeting, the council must perform certain functions as follows: Designate the official newspaper Designate official depositories Elect an acting mayor to perform the duties of the mayor during disability or absence or, if there is a vacancy in the office of mayor, until a successor has been appointed or elected. 1.10 Staff members present at meetings: 1.10.1 City Clerk: The City Clerk will attend all meetings of the Council unless excused and will keep official minutes and perform such other duties as may be requested by the Council. The City Clerk will be responsible for the preservation and safekeeping of the minutes. 1.10.2 City Administrator: The City Administrator will attend all meetings of the Council unless excused. The Administrator may make recommendations to the Council and will have the right to take part in all discussions of the Council but will have no vote. 1.10.3 City Attorney: The City Attorney will attend all meetings of the Council unless excused and will, upon request, give an opinion, either written or oral, on questions of law in accordance with the City Code. The City Page 124 of 254 Attorney will respond to all questions of the Council regarding parliamentary procedure. 1.10.4 City Employees: City department directors and staff members will attend City Council meetings as requested by the City Administrator. Any City employee may also appear before the Council and identify himself or herself as speaking as a resident or a member of the public. 2. PRESIDING OFFICER AND DUTIES: 2.1 Presiding Officer: The mayor will be a member of the Council and preside over its meetings. In the absence of the mayor, the acting mayor will preside. In the absence of both the mayor and the acting mayor, the clerk will call the meeting to order and preside until the Council selects a chair. Upon the arrival of the mayor or acting mayor, the temporary chair will immediately relinquish the chair upon the conclusion of the current item of business. 2.2 Call to order: The meetings of the Council will be called to order by the mayor. 2.3 Right of floor: Any council member desiring to speak must be recognized by the mayor and should confine his or her remarks to the subject under consideration or to be considered. 2.4 Preservation of order: The mayor will preserve order and decorum at all meetings of the Council. The proceedings of the Council will be conducted in accordance with “Robert’s Rules of Order Revised” most current edition except if otherwise provided by Statute or these rules. All questions and remarks shall be addressed to the mayor, or through the mayor to the appropriate council member, staff member, citizen or other appropriate person. 2.5 Points of order: The mayor will determine all points of order, subject to the right of any council member to appeal to the Council. In the event of an appeal, a majority vote of the Council will govern and conclusively determine such question of order. 2.6 Decorum and order – Council Members 2.6.1 Council Members: (a) Any council member desiring to speak shall address the mayor and, upon recognition, shall confine himself or herself to the question under debate. (b) A council member who wishes to ask a question of the City Attorney may do so after being recognized by the mayor. (c) A council member, once recognized, shall not be interrupted while speaking unless called to order by the mayor, unless a point of order is raised by another council member, or unless Page 125 of 254 the speaker chooses to yield to questions from another council member. (d) Any council member called to order while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks to comply with the rules of the Council. (e) Council members shall accord the utmost courtesy toward each other, to City employees and to citizens appearing before the Council. Council members shall refrain at all times from rude and derogatory remarks, reflections about integrity, abusive comments and statements regarding motives and personalities. (f) Any council member may move to require the mayor to enforce the rules, and the affirmative vote of a majority of the Council shall require the mayor to so act. (g) Any council member may address the Council on a question of personal privilege if his or her integrity, character, or motives has been assailed, questioned, or impugned. (h) No council member normally should speak more than once upon any one subject until every other member choosing to speak on the topic has spoken. (i) Any member shall have the right to express dissent from or protest any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as “I would like the minutes to show that I am opposed to this action for the following reasons:” 2.7 Decorum and order – Employees Members of the staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Administrator shall ensure that all City employees observe such decorum. Any staff member, including the City Administrator, who desires to address the Council or members of public shall first be recognized by the mayor. All remarks shall be addressed to the mayor, to an individual council member, or member of the public. 2.8 Decorum and Order – Public Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making inappropriate remarks or who becomes boisterous while addressing the Council shall be removed from the room if the Sergeant-of-Arms is so directed by the mayor, and such person may be barred from further audience with the Council. 2.9 Enforcement of Decorum Page 126 of 254 The Chief of Police (or their designee) shall be ex-officio Sergeant-of- Arms of the Council. They shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the mayor, it shall be the duty of the Chief of Police or representative to eject any person from the Council Chambers. 3. AGENDA AND ORDER OF BUSINESS 3.1 Agenda: All reports, communications, ordinances, resolutions, contract documents and other matters intended for the agenda will be filed no later than 4:30 pm on the Thursday prior to the Monday Council meeting at which consideration is desired. These documents will be delivered to the City Administrator or, in the Administrator’s absence, to the City Clerk for inclusion on the agenda. Only in unusual circumstances will matters be accepted later than 4:30 pm on Thursday upon approval of the City Administrator. 3.1.1 Items not on the agenda. No item of business will be considered by the Council which does not appear on the agenda for the meeting, except that the agenda can be amended for items of business that require immediate consideration and are declared as such by a majority vote of the council members present. 3.2 Delivery of agenda The agenda will ordinarily be delivered to council members by each Friday preceding the scheduled meeting. At the time it is delivered to the Council, the agenda and all pertinent material not of a confidential nature shall also be available to the public. 3.3 Order of business: The order of business for each meeting shall be as contained in the agenda prepared by the City Administrator, as follows: Call to order Roll call, Moment of Silence and Flag Pledge Citizens’ Comments Additional Agenda Information Presentations/introductions Consent agenda* Regular agenda Unfinished business (for Council discussion only) New business (for Council discussion only) Announcements Adjournment *(All matters listed on the consent agenda are considered routine and will be acted upon by one motion in the order listed. An explanation can be offered, but no discussion will take place on separate items. If discussion is desired by either a council member or a member of the audience, that Page 127 of 254 item will be removed from the consent agenda and considered separately.) Agenda items may not be taken out of order except with majority consent of the Council. No items may be added or deleted without majority consent of the Council. 3.4 Roll call: At the hour appointed for a City Council meeting, the mayor will call the meeting to order and the City Clerk will call the roll and note the absentees. The City Clerk will note in the minutes the time and point in the proceedings when any member absent for roll call arrives, or when any member leaves prior to adjournment. 3.5 Minutes of Council Proceedings: The minutes of each meeting will be recorded, typewritten and signed by the mayor and clerk and entered into a book as the official minutes of the Council. Copies of the minutes will be delivered to each council member, with approval to be considered at the next regular council meeting. 3.6 Reading of minutes: Prior to the meeting, each council member will have been furnished a copy of the minutes of the preceding meeting(s). Unless a reading of the minutes is requested by a council member, the minutes may be corrected, if necessary, and approved as printed without reading aloud. If there is no objection to the correction, it may be made without vote of the Council. If there is an objection, the Council shall vote on the correction. 3.7 Consent agenda: The City Administrator may place items of business on the “consent agenda” which are considered routine. After reviewing the consent agenda, any council member or member of the public may request that a consent agenda item be moved to the regular agenda for discussion. Any item removed from the consent agenda will become a regular agenda item and will be considered after the consent agenda. In addition, if there is no objection, any council member may request that a regular agenda item be moved to the consent agenda. All items not removed from the consent agenda and items added to the consent agenda can be passed by a single, non-debatable motion upon unanimous vote of the council members present. Prior to a motion to approve the consent agenda, the mayor will review the items that have been added or removed. 3.8 Adjournment: A motion to adjourn will always be in order and decided without debate. 4. ORDINANCES, MOTIONS, AND VOTING PROCEDURES 4.1 Preparation of Ordinances: All ordinances will be prepared by the City Attorney upon request of the City Council, the City Administrator or by the City Attorney’s own initiative. 4.2 Ordinances, confined to One Subject: Exceptions: All ordinances will relate to only one subject, with the following exceptions—an appropriation Page 128 of 254 ordinance, and ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinances. Unless entirely administrative in nature or due to an emergency, ordinances will have been reviewed by the city council, committee or other designated group before being presented to the city council for approval. Ordinances are also required to be posted or advertised pursuant to state statutes and city code. 4.3 Motions: Motions on agenda items shall be made in the affirmative. When a motion is made and seconded, it shall be stated by the mayor before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 4.3.1 Motions out of order: The mayor may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution or motion out of the regular agenda order. 4.3.2 Division of question: If the question contains two or more dividable propositions, the mayor may, and upon request of a member shall (unless appealed), divide the same. 4.3.3 Precedence of motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: Fix hour of adjournment Adjourn Table Limit or terminate discussion Amend Postpone 4.3.4 Motion to adjourn (not debatable): A motion to adjourn shall be in order at any time except as follows: (a) When made as an interruption of a member while speaking, (b) When discussion has ended, and vote on motion is pending, and (c) While a vote is being taken. A motion to adjourn “to another time” shall be debatable only as to the time to which the meeting is adjourned. 4.3.5 Motion to table: A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter shall be “taken from the table” at any time prior to the end of the next regular meeting unless the motion is to either table indefinitely, in which case the matter shall Page 129 of 254 not be rescheduled without at least majority approval of the Council, or to a certain date. 4.3.6 Motion to limit or terminate discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. A two- thirds vote is required for passage. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 4.3.7 Motion to amend: A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 4.3.8 Motion to postpone: Motions to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set. 4.4 Voting procedure: On passage of every motion, the vote shall be taken and entered upon the record. A roll call vote may be called by any member of the council. The order of voting shall be rotated for each motion. The Clerk shall call the names of the council members seated when a roll call vote is ordered. Members shall respond affirmative, negative, or abstain. 4.5 Failure to vote: Every council member shall vote unless disqualified for cause. If any member present does not vote, the vote for that item as recorded in the minutes shall indicate that council member’s name, followed by “present, not voting.” 4.6 Reconsideration: Any council member who voted with the prevailing side may move a reconsideration of any action at the same meeting, or first subsequent meeting when a full Council is present. A motion to reconsider a contract, however, can only be made at the same meeting at which it is approved. A motion for reconsideration of any other action shall require four votes for passage, except that after a motion of reconsideration has once been acted upon, no other motion for reconsideration of the same matter shall be made without unanimous consent of the full Council. When an application or request has been denied by the Council and is resubmitted to the Council at any time within 12 months following the Council’s action, it shall be deemed a reconsideration, shall be presented only to a full Council, and shall be subject to the voting requirements of the preceding sentence. 4.7 Tie votes: Page 130 of 254 Tie votes shall be lost motions, when all council members are present. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. 4.8 Failure to achieve required votes: Any matter which fails to achieve the required number of votes for passage shall be deemed denied. The council members voting in opposition shall have the opportunity to state their reasons for the record. 4.9 Conflict of interest: Any council member whose private or personal interests are involved in a matter coming before the Council shall refrain from debate and voting in order to avoid a conflict of interest. The council member may choose to step into the audience to speak as a citizen, or to leave the Council Chambers during debate and voting on the issue. 4.10 Rulings of mayor final unless overruled: At Council meetings, the mayor, acting mayor or temporary chair shall decide all questions or interpretations of these rules, Points of Order or other questions of procedure that require rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the council members present and voting and shall be binding for purposes of the matter under consideration. 5. BOARDS, COMMISSIONS AND COMMITTEES: 5.1 Creation of boards, commissions and committees: The Council may create such boards, commissions and committees, standing or special, as it deems necessary, to study, advise and make recommendations on such topics as the Council specifies. Such advisory groups shall consist of as many members the Council determines necessary and perform such duties as the Council requires. Except for the Planning Commission, which cannot be abolished, any citizen advisory group so created will cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. 5.2 Membership and selection: Membership and selection of members will be as provided by the resolution which established the board, commission or committee. 5.3 Removal of members: The Council can remove any member of a citizen advisory group by a four-fifths vote of Council. Any member of a citizen advisory group who misses three consecutive meetings or a total of one-third of all meetings in a calendar year shall automatically be removed from office and the City Administrator shall notify the member of his or her removal. 5.4 Vacancies: Page 131 of 254 The chairperson of the citizen advisory group shall notify the City Council promptly of any vacancies occurring in membership. The City Council shall publicize the vacancy and request applications for the position. The City Council shall interview applicants and appoint a citizen to fill the vacancy for the remainder of the unexpired term. 5.5 Minutes: Each board, commission, or committee shall furnish the City Council with the minutes of the group’s meetings. 6. CITIZENS’ RIGHTS: 6.1 Right to address the Council: All citizens have the right to address the council. Citizens’ comments are encouraged to allow individuals to address the entire council on a matter of interest or concern. Specific guidelines should be followed to preserve and protect the valuable flow of information; to provide equal rights to all citizens, to provide for an orderly meeting and to provide adequate time for the council to review and consider agenda items. 6.2 Addressing the Council: 6.2.1 Addressing the council regarding any matter not appearing on the regular council agenda: (a) During the “Citizens’ Comments” portion of the agenda, the citizen should step forward to the microphone and wait to be recognized by the mayor. (b) The citizen should state his or her name and address for the record. (c) All remarks must be addressed to the council as a body, and not to any individual member. (d) No person other than members of the council, the City Administrator and the person having the floor will be permitted to enter into any discussion unless requested to do so by the mayor. (e) No question shall be asked of a council member or the City Administrator except through the mayor. 6.2.2 Addressing the Council regarding any matter appearing on the regular Council agenda: (a) When the mayor asks if any member of the audience wishes to comment on the matter under discussion, the citizen should step forward to the microphone and wait to be recognized by the mayor. (b) The citizen should state his or her name and address for the record. (c) All remarks must be addressed to the council as a body, and not to any individual member. Page 132 of 254 (d) No person other than members of the council, the City Administrator and the person having the floor will be permitted to enter into any discussion unless requested to do so by the mayor. (e) No question shall be asked of a Council Member or the City Administrator except through the mayor. 6.3 Addressing the council during the Unfinished Business and New Business portions of the agenda is prohibited: No one can address the council during the Unfinished Business and New Business portions of the agenda. These items are for council discussion only. 6.4 Time limit for addressing the Council: So that all who wish to speak may do so, citizens addressing the council must limit their remarks to three minutes unless further time is granted by the mayor. 7. AMENDMENT AND SUSPENSION OF RULES: 7.1 Amendment of rules: These rules may be amended, or new rules may be adopted by resolution with a two-thirds vote of all members present at a regular meeting. 7.2 Suspension of rules: Any provision of these rules not governed by the City Code may be temporarily suspended by a two-thirds vote of the members present. The vote on any suspension will be taken by roll call and entered in the minutes. Page 133 of 254 Date: 2/5/2024 Purchase Agreement with The Milligan Studio for Three Public Artworks Proposed Action Staff recommends adoption of the following motion: Move to approve the Contract Agreement with The Milligan Studio for the commission and installation of three public artworks. Overview On September 19, 2023, staff issued a Request for Qualifications for the creation of three artworks. After receiving numerous proposals, undergoing multiple artist presentations, and three rounds of jurying, staff and the Arts Center Advisory Board recommends that The Milligan Studio receives the commission. Their proposal consists of a large-scale bronze sculpture of a deer that transforms into a tree to be installed on the interior of the roundabout immediately east of the Antler Park’s Pavilion building. The other two are colorful back-lit glass pieces that are still in the design process and will be installed on the exterior west-side wall of the Pavilion building at Antlers Park and the other to be placed on the exterior east-side of Lakeville Area Art Center’s Fine Arts Building. The pieces have been vetted by panels of skilled jurors for aesthetic appeal, concept intention, material durability, project construction, site application, artwork maintenance and the safety of visitors and staff. Supporting Information 1. Public Art Design and Comissioning Contract and RFQ 2. The Milligan Studio Antlers Park Artworks Proposal Financial Impact: $75,000 Budgeted: No Source: Park Dedication Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Scarlett Larson, Arts Center Coordinator Page 134 of 254 PUBLIC ART DESIGN AND COMMISSIONING CONTRACT AGREEMENT made this 5th day of February 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and The Milligan Studio, (the “Artist-Studio”). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement (“Agreement”). B. The City’s Request for Qualifications to Create Public Art at Antlers Park dated September 19, 2023 (“RFQ”). The timeline and scope of project has been updated. All updates are listed in this Agreement. C. Artist-Studio proposal dated January 31, 2024 (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with the document listed first having the first priority and the document listed last having the last priority. 2. SCOPE OF SERVICES. The City retains the Artist-Studio to furnish and install a total of three (3) public artworks (“Artwork”) for the City. Two (2) pieces will be located at Antlers Park located at 20141 Ipava Avenue in the City of Lakeville, Minnesota. The Antlers Park pieces consist of a bronze deer sculpture being placed in a roundabout and a glass wall hanging to be placed on the west exterior side of the Pavilion Building. The remaining one (1) artwork will be a glass exterior wall hanging to be placed at Lakeville Area Arts Center’s Fine Arts Building at 20965 Holyoke Avenue, Lakeville, MN (“Sites”). The design for both glass pieces are in process. Artist-Studio’s services for the Project are further set forth in Exhibit “A” attached hereto (“Work”). The Artist-Studio agrees to perform the services diligently and completely and in accordance with professional standards of conduct and performance. A. General (i) The Artist-Studio will construct and install the Artwork at the Site in accordance with the terms of this Agreement. (ii) The Artist-Studio shall perform all services and furnish all supplies, materials and equipment as necessary for the execution, fabrication, transportation, and installation of the Artwork at the Site. (iii) The Artist-Studio shall at all stages of execution, fabrication and installation coordinate its work with the City. Page 135 of 254 B. Execution of the Work. (i) The Artist-Studio shall complete the fabrication and installation of the Antlers Park Artworks by no later than May 20, 2024. Such schedule may be amended by written agreement between the City and the Artist-Studio. The third piece being located at the Fine Arts Building will have a separate completion date, to be agreed upon by both parties. (ii) The City shall have the right to review the Artwork at reasonable times during fabrication. The Artist-Studio shall submit to the City progress reports. The City shall be allowed to photograph or film the fabrication and installation of the Artwork. (iii) The Artist-Studio shall present to the City in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the Artwork not permitted by or not in conformity with the Proposal. A significant change is any change in scope, design, color, size, material, or texture of the Artwork or the concept of the Artwork as represented in the Proposal. (iv) The Artist-Studio will attend a pre-installation conference and a minimum of two site visits during installation of the Artwork. (v) The Artist-Studio will agree to provide interviews and documentation for media and promotional materials as suits his/her/their schedules at the consent of the City. C. Delivery and Installation (i) Within thirty (30) calendar days after the City approves the design proposal, the Artist-Studio shall prepare and submit to the City detailed working drawings of the Work and site, together with such other graphic material as the City may reasonably request in order to permit the City to carry out structural design review or to certify the compliance of the Work with applicable statutes and ordinances, including city and state codes at no additional cost to the Artist-Studio. This submission shall be made to the city engineer, who will act as consultant and collaborate with the Artist-Studio to approve and expedite the installation of the artwork to the satisfaction of the City of Lakeville. The City shall furnish to the Artist-Studio in writing, all information reasonably requested by the Artist-Studio in order to complete this installation by the deadline. (ii) The City may require the Artist-Studio to make such revisions to the Work’s design as are necessary for the Work to comply with any applicable federal, state or local statutes, ordinances or regulations. The City of Lakeville Engineer may also require revisions for other practical, non-aesthetic reasons. Revisions made and approved pursuant to the paragraph above become a part of the approved design. The Artist-Studio is responsible for obtaining any and all permits from any governmental agency required to perform any aspect of the fabrication and installation of the artwork. D. Post Installation (i) Prior to final acceptance of the Artwork, the Artist-Studio will provide a written technical description and photos of the fabrication and installation process. Page 136 of 254 (ii) Upon installation of the Artwork, the Artist-Studio shall provide to the City detailed written instructions for appropriate maintenance and preservation of the Artwork. (iii) Prior to final acceptance, the Artist-Studio shall provide a full, written narrative description of the Artwork. (iv) Prior to final acceptance, the Artist-Studio shall provide an updated resume of the Artist- Studio. E. Final Acceptance (i) The Artist-Studio shall advise the City in writing when all services have been completed in substantial conformity with this Agreement. (ii) The City shall notify the Artist-Studio in writing of the City’s final acceptance of the Artwork and Work. (iii) Final acceptance shall be effective on one of the earlier of the following: (a) the date of the City’s written notification to the Artist-Studio of final acceptance; or (b) the 60th day after receipt by the City of written notice given by the Artist-Studio under Paragraph 2(E)(ii), unless prior to the expiration of the 60 day period, the City gives the Artist-Studio written notice specifying and describing the services which have not been completed. F. Risk of Loss The risk of loss or damage to the Artwork shall be borne by the Artist-Studio until final acceptance by the City, and the Artist-Studio shall take such measures as are necessary to protect the Artwork from loss or damage until final acceptance. 3. COMPENSATION. The City shall compensate the Artist-Studio for the Work in the total amount of Seventy Five Thousand and 00/100th Dollars ($75,000), which shall constitute full compensation for fees, services, expenses and materials to be performed and furnished by the Artist-Studio under this Agreement. Payments to the Artist-Studio will be made in general accordance with the following stages, as modified and agreed to by the parties in writing and made a part of this Agreement, upon the Artist-Studio’s completion of the following stages: 1) $37,500 Upon signing for material and services. 2) $18,750 payment upon mid fabrication of the two works for Antler's Park. Must provide photos for approval. 3) $9,375 upon installation of both works at Antlers Park. 4) $9,375 upon installation of work at Fine Arts Center Page 137 of 254 To receive payments, the Artist-Studio shall submit a billing or invoice to the City within thirty (30) days after each of the stages outlined above have been reached satisfactorily as determined by the City’s authorized representative. Payments will be made within thirty (30) calendar days of the City’s receipt of a valid invoicing for services satisfactorily performed as determined by the City’s authorized representative. 4. TERM/COMPLETION DATE. The Artist-Studio’s services shall commence immediately upon receipt of written notice to proceed from the City. Work will occur in accordance with the Contract Documents and the Artist-Studio will cooperatively work in coordination with the City’s staff. The services at Antlers Park must be completed on or before May 20, 2024, unless otherwise extended pursuant to the terms of this Agreement. The artwork being installed at Lakeville Area Arts Center’s Fine Arts Building are to be determined by both parties. 5. INSTALLATION AND EXTENSIONS. A. The City will consider granting an extension of the installation date only upon special circumstances. If the Artist-Studio believes special circumstances exist, the Artist-Studio may request an extension of the delivery date from the City in writing, including an explanation of any alleged special circumstances, no later than forty-five (45) business days prior to the installation date. If granted, the City shall notify the Artist-Studio of the extension, including the specification of a new installation date, in writing. Such change shall not affect any other provisions or sections of this Agreement. B. The City will grant a reasonable extension of time to the Artist-Studio in the event that there is a delay on the part of the Artist-Studio in performing its obligations under this Agreement due to conditions beyond the Artist-Studio’s control or Acts of God which render timely performance of the Artist-Studio’s services impossible or unexpectedly burdensome. Likewise, the Artist-Studio shall grant a reasonable extension of time to the City in the event that there is a delay on the part of the City in performing its obligations under this Agreement due to conditions beyond the City’s control or Acts of God which render timely performance of the City’s services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party’s reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. 6. OWNERSHIP. Title of the Artwork shall pass to the City upon the City’s final acceptance of the completed Artwork. 7. WARRANTIES. A. The Artist-Studio represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist-Studio; (b) except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright; (c) that the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any liens from any source whatsoever. Page 138 of 254 B. Following completion of the installation of the Artwork, the Artist-Studio represents and warrants that: (a) the execution and fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the Artwork; and (c) maintenance recommendations submitted by the Artist-Studio to the City hereunder, if followed, will achieve their intended result. The warranties described in this Paragraph 7(B) shall survive for a period of ten years after the final acceptance of the Artwork. The City shall give notice to the Artist-Studio of any observed breach with reasonable promptness. The Artist-Studio shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist-Studio and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). 7. PLAQUE. The City may, at its expense, prepare and install at the Site a plaque identifying at a minimum, the Artist-Studio, the title of the Artwork, and the year of completion. 8. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 9. DOCUMENT OWNERSHIP. All reports, plans, models, software, diagrams, studies, 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. The Artist-Studio shall retain copyright in the work. 10. REPRODUCTION RIGHTS. After completion and installation of the awarded sculpture, the artist surrenders any ownership right, title, or interest to the city. The Artist understands and agrees that they will surrender all rights of reproduction, adaptation, and publication of their sculpture or installation. However, the Artist shall retain all right, title, and ownership of the copyright of the sculpture or installation. The Artist shall retain the right to claim authorship of the design of their sculpture or installation and may also utilize such authorship in any of their printed or promotional material. The City hereby has royalty-free, irrevocable, exclusive license to reproduce images of the awarded sculpture or installation for educational, promotional, and merchandise uses. The Artist shall be identified, whenever possible, on all promotional and printed material, signage, or websites as the original creator of the design of said sculpture. 11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, the Artist-Studio shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 12. STANDARD OF CARE. The Artist-Studio shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by professional Artists and Studios under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. The Artist-Studio shall be responsible for the accuracy of the Work and shall promptly make Page 139 of 254 necessary revisions or corrections resulting from errors and/or omissions on the part of the Artist-Studio without additional compensation. 13. INDEMNIFICATION. The Artist-Studio agrees to indemnify, defend and hold the City and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from the Artist-Studio’s operations, duties or responsibilities under this agreement, whether such be by the Artist-Studio itself or by any subcontractor or by anyone directly or indirectly employed by either of them. 14. INSURANCE. The Artist-Studio shall secure and maintain such insurance as will protect the Artist- Studio from claims under the Worker’s Compensation Acts, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate. The City shall be named as an additional insured on the general liability policy. Before commencing Work, the Artist-Studio shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to the City. The certificate shall provide that such insurance cannot be cancelled without written notice to the City. 15. INDEPENDENT CONTRACTOR. The City hereby retains the Artist-Studio as an independent contractor upon the terms and conditions set forth in this Agreement. The Artist-Studio is not an employee of the City and is free to contract with other entities as provided herein. The Artist-Studio shall be responsible for selecting the means and methods of performing the Work. The Artist-Studio shall furnish any and all supplies, equipment, and incidentals necessary for Artist-Studio’s performance under this Agreement. The City and the Artist-Studio agree that the Artist-Studio shall not at any time or in any manner represent that the Artist-Studio or any of the Artist-Studio's agents or employees are in any manner agents or employees of the City. The Artist-Studio shall be exclusively responsible under this Agreement for the Artist-Studio’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. 16. SUBCONTRACTORS. The Artist-Studio shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. The Artist-Studio shall comply with Minnesota Statute § 471.425. Artist-Studio must pay subcontractors for all undisputed services provided by subcontractor within ten (10) days of the Artist-Studio’s receipt of payment from the City. Artist-Studio must pay interest of one and five-tenths (1.5%) percent per month or any part of a month to a subcontractor on any undisputed amount not paid on time to a subcontractor. The minimum monthly interest penalty payment for an unpaid balance of One Hundred and no/100ths ($100.00) Dollars or more is Ten and no/100ths ($10.00) Dollars. Page 140 of 254 17. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. The Artist-Studio 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 Artist-Studio pursuant to this Agreement. The Artist-Studio 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 the Artist- Studio receives a request to release data, the Artist-Studio must immediately notify the City. The City will give the Artist-Studio instructions concerning the release of the data to the requesting party before the data is released. The Artist-Studio agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from the Artist-Studio’s officers’, agents’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of client data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. COPYRIGHT. The Artist-Studio shall defend actions or claims charging infringement of any copyright, patent or software license by reason of the use or adoption of any software, designs, drawings or specifications authored or supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 20. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Artist-Studio desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Artist-Studio shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Artist-Studio shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 21. RECORDS. The Artist-Studio shall maintain complete and accurate records of expenses involved in the performance of services. The Artist-Studio shall provide City access to any books, documents, papers and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 22. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 23. 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. Page 141 of 254 24. 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. 25. NOTICES. All notices, demands or requests required or permitted to be made pursuant to or under this Agreement must be in writing and deemed valid if sent by registered mail, return receipt requested, or delivered by overnight delivery service providing written evidence of delivery, or by hand delivery by a reputable independent courier providing written evidence of delivery, addressed as follows: CITY: Joseph Masiarchin – Arts Center Manager, Lakeville Area Arts Center 20195 Holyoke Avenue Lakeville MN 55044 ARTIST-STUDIO: The Milligan Studio, 459 Selby Avenue, St. Paul, Minnesota 55102. Either party may change the designated recipient of notice by so notifying the other party in writing. 26. NONDISCRIMINATION. During the performance of this agreement, the Artist-Studio shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, or age. The Artist-Studio shall post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Artist-Studio shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program Work, and will require all of its subcontractors for such Work to incorporate such requirements in all subcontracts for Work. 27. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Artist-Studio. In the event of termination, the City shall pay cost incurred by the Artist-Studio prior to the date of termination, except in the event of a breach by the Artist-Studio of this Agreement, in which case no payments will be due to the Artist-Studio. 28. AUTHORIZED AGENTS. The City shall appoint an authorized agent for the purpose of administration of this Agreement. The Artist-Studio is notified that the authorized agent for the City is as follows: Joe Masiarchin – Arts Center Manager 952-985-4641 jmasiarchin@lakevillemn.gov The City is notified the authorized agents for the Artist-Studio is as follows: The Milligan Studio Nicole Milligan and/or Alan Milligan 651-756-7683 themilliganstudio@gmail.com Page 142 of 254 CITY OF LAKEVILLE Dated: __________________, 2024. BY: ______________________________________ Luke Hellier, Mayor AND _______ Ann Orlofsky, City Clerk THE MILLIGAN STUDIO (ARTIST-STUDIO): Dated: __________________, 2024. Signature: ________________________________ Print Name: _______________________________ Signature: ________________________________ Print Name:_______________________________ Nicole MAry & Alan Scot Milligan (Jan 31, 2024 16:31 CST) Nicole MAry & Alan Scot Milligan Nicole MAry & Alan Scot Milligan (Jan 31, 2024 16:31 CST) Nicole MAry & Alan Scot Milligan 31/01/2024 Dr Nicole Mary Milligan Alan Scot Milligan Page 143 of 254 EXHIBIT “A” City of Lakeville Request for Qualifications Project Name: City of Lakeville, Antlers Park Artworks Location: 20141 Ipava Avenue, Lakeville, MN 55044 Request for Qualifications The City of Lakeville, Minnesota is seeking the credentials of a professional artist, or teams of artists, to create three (3) site-specific sculptures/artworks to be permanently placed in Antlers Park, located on the southeast corner of Lake Marion. The selected artist(s) will complete the full scope of the outline within the timeframe and budget given. An informational session will be held on Thursday, November 2, 2023 from 1-2 p.m. Join the meeting: Microsoft Teams Meeting ID: 233 342 415 860 Passcode: uEsgwn A recording of the session will be posted on November 3, 2023. Click here to view the video once it is posted. Award Process This is a two-step process: Phase 1 – Qualifications Qualifications must be submitted by 2 p.m. on November 21, 2023 by utilizing the Antlers Park Artworks RFQ Form (directly link) or on the LAAC website. All qualifications received after that time will be automatically disqualified. By submitting a response to the RFQ for this project, the artist commits to the schedule and agrees to the completion dates listed on page 4. The Selection Committee will review the submitted RFQs and select up to four (4) artists to participate in a design process. Each selected artist/team will receive a $1,500 stipend to create an original detailed design proposal. Phase 2 – Design, Fabrication and Installation (Selected RFQs only.) Proposals must include detailed information for three (3) artworks that include the following information: Page 144 of 254 • Artist statement that aligns personal design process with project goals. • Detailed designs and renderings. • Statement outlining the specifications of artworks that include, but are not limited to: size, materials, dimensions, weight, fabrication process and installation process. • Foundation and anchoring procedure, and ability to withstand extreme weather conditions including wind and snow load. • Maintenance plan including measures taken to protect the artwork against environmental/wear factors and estimated lifespan. • Detailed timeline that includes production and installation. • Estimated budget that includes itemization for materials, engineering, travel, artist fee(s), etc. Award The artist(s) selected for the Preliminary Design Proposal will be required to present their design at the Lakeville Area Arts Center Advisory Board meeting on Thursday, January 11, 2024, at 3:30 p.m. at the Lakeville Area Arts Center. Final selection of the artist(s) will be made after the presentations of the Preliminary Design Proposals. The final artist(s) selected to create and install the works will be awarded up to $75,000 to fabricate, transport and install the works. The final payment amount will depend on the costs outlined in their proposal. The total award must include expenses for artist’s design, cost of materials, fabrication of work, shipping, travel, labor for equipment and installation, insurance costs, engineering costs, permits, bonds, documentation, preparation, and providing all tools, materials and labor for installation. The artists will work with the City to align timeframes for preparation, installation and other site-specific needs. The artist(s) agree that under no circumstances will the City pay over the amount listed in the fully executed contract. (Not to exceed $75,000.) Artist(s) Eligibility • Local and national artist(s) or artist-led teams are encouraged to apply. • All artist(s) must be located within the continental U.S. • Applicants must be over the age of 19 and a U.S. resident. • Experience designing, creating and installing public sculpture/artwork. Project Goals • Timeless and dynamic design that thematically relates to the strong history of the original Antlers Park, with emphasis on movement and progress. (See History and Inspiration section.) • Create a point of interest and appreciation from all audiences. • Safe for the park’s infrastructure and patrons, including maintenance crews. • Low maintenance and easy to care for. Page 145 of 254 • Appropriate size for space. • Executable plan – realistic budget, timeframe and process of creation and installation. Site Specifications Located in Lakeville, Minnesota – Antlers Park is undergoing reconstruction and expansion as a part of the 2021 Park Bond Referendum. It is currently closed to the public and will be open again in 2024. The expansion includes expanded parking areas, modern restrooms, community fire pit, recreation amenities, additional picnic and shade structures, and Lake Marion Regional Trail that will expand the City’s already extensive trail system. The park’s plans also feature two site-specific locations for sculpture/artwork: Main Roundabout – Large Sculpture viewed from 360 degrees (See page 5.) The main roundabout serves as a welcoming entrance to the park, sitting at the end of the central boulevard. It is a highly trafficked area that is 60’ in diameter and is located between the parking lot and the main building. The sculpture site is on the interior of the roundabout, in a rain garden that slopes 4’ below grade level of the road. In the center is an 8’ wide circular concrete pad where the sculpture will be installed. The pad rises 6’ from the ground, from the lowest point of the grading. The grading adjusts the top of the pad to sit 2’ above the level of the road that surrounds the sculpture. The proposed sculpture for this area must follow these height and weight guidelines: Must rest on an 8’ in diameter circular pad making accommodations for electrical outputs Minimum Height - 16’ Maximum Diameter - 40’ Lakeside Pavilion, East and West Walls Two (2) separate wall hangings will be created, one located on each side of the pavilion. Each artwork will be viewed from 180 degrees. Both walls are flat vertical surfaces with board and batten siding over a ¾” plywood backing. Work must be weatherproof (including hardware) and will not stain or tarnish the white painted wall behind it. Height of hanging brackets is flexible but consideration must be made for maintenance and clearance of pedestrians and small City vehicles. The proposed sculptures or artworks must follow the following height and weight guidelines: East Side Pavilion Wall Maximum Height – 9’-6” Maximum Width – 10’ Maximum Depth – 6” Maximum Weight - 10 lbs./sq. ft. Page 146 of 254 Wall Fasteners – 80 lb. maximum per fastener, minimum of 24” separation from nearest fasteners West Side Pavilion Wall Maximum Height - 15’ Maximum Width – 14’ Maximum Depth – 6” Maximum Weight - 10 lbs./sq. ft. Wall Fastener – 80 lb. maximum per fastener, minimum of 24” separation from nearest fasteners History and Inspiration Antlers Park has a rich history as a main attraction on the Dan Patch Railway Line, bringing passengers to and from the Twin Cities. Opening in 1910, the Antlers Amusement Park featured a dance pavilion, diving tower, water slide, aerial swing, pony rides and more. The links below offer a look into the history of the site, and plans for its growth: Click here to view the Antlers Park History Video. Click here to view the Antlers Park Site Plan. Click here to view Antlers Park Improvements and Updates. Click here to learn more about the Dan Patch Line. Timeline EVENT DAY DATE TIME RFQ advertisement Tuesday September 19, 2023 - Informational Meeting, Microsoft Teams Thursday November 2, 2023 1 p.m. CST Phase 1: RFQ Response DUE Tuesday November 21, 2023 2 p.m. CST Notify artists to receive RFP for Preliminary Design Wednesday November 29, 2023 - Phase 2: Preliminary Design Proposals Due Tuesday January 9, 2024 2 p.m. CST Artist presentations Thursday January 11, 2024 3:30 p.m. CST Planned contract execution Thursday January 25, 2024 - Installation completed by* Monday May 20, 2024 - * An extension to the deadline can be negotiated before contract execution. Submissions RFQs must be received no later than 2 p.m. on November 21, 2023 utilizing the Antlers Park Artworks RFQ Form or on the LAAC website. RFQs received after this date and time will be disqualified. Page 147 of 254 Detailed submission information, including required documents, can be found within the Commissioned Art RFQ Form. Questions Regarding This Project All questions pertaining to this project must be made in writing and sent to the following: Scarlett Larson Arts Center Program Coordinator Email - slarson@lakevillemn.gov Site Information – Aerial Map, Roundabout Plans and Images Page 148 of 254 Page 149 of 254 To view current photographs of the sites, click here. Page 150 of 254 STAR/LIGHT Central image Deer/Star/Light (above) 16ft (H) x 22ft (W) bronze roundabout sculpture on plinth. Page 151 of 254 2 “The nitrogen in our DNA, the calcium in our teeth, the iron in our blood, the carbon in our apple pies were made in the interiors of collapsing stars. We are made of star stuff.” –American Astronomer Carl Sagan SUBMITTAL REQUIREMENTS 1) ARTIST STATEMENT The Milligan Studio offers Star/Light, a joyous and welcoming sculptural installation in bronze and shatter resistant glass. Star/Light is a celebration of Antlers Park, its future, and the shared history of those whose memories are made under the light of these particular stars. Star/Light consists of three elements in two locations. It begins in Antler’s Park with a welcoming bronze deer made of leaves and sheltering tree-like antlers moving forward towards the future. Star/Light then continues with a larger- than-life hanging sculpture in glass sited on the pavilion and a final third piece, another hanging work in glass, to be sited at the Lakeville Area Arts Center’s Fine Arts building located at 20965 Holyoke Avenue, Lakeville MN. The final design of the two glass sculptures are yet to be determined. The size of the two glass hangings will be approximately 9ft x 9ft and 12ft x 12ft. Page 152 of 254 3 THE ROUNDABOUT SCULPTURE When visitors arrive at the park, they are greeted by a welcoming bronze deer, made of leaves, who serves as a star map where one can trace the constellations overhead. Following the arch of the stars with its elegant tree branch antlers and gilded leaves, the deer is illuminated at night and looks toward the future. Antlers Park was, and is, a celebration of the generations of lives lived under the stars. We believe that Star/Light creates a unique welcoming gateway that evokes this unifying spirit and looks forward to the future with hope. Page 153 of 254 4 2) DETAILED DESIGNS AND RENDERINGS, INCLUDING SPECIFICATIONS OF THE SCULPTURE INCLUDING BUT NOT LIMITED TO, WEIGHT AND ANCHORING DESCRIPTION. ROUNDABOUT SCULPTURE Deer/Star/Light rendering with light placement at night. Page 154 of 254 5 CLAY RENDERING OF DEER BODY & MAQUETTE OF ANTLERS Based on a star map of the local sky, when scaled to size, the tree-like antlers, will be 20 ft wide and provide the viewer a focal point for stargazing. The finished sculpture on its plinth will be approximately 16ft (H) x 22ft (W) bronze, which includes the height of the plinth. The tree-like antlers and leaves are to suggest “family trees.” Detail of the bronze antler maquette and the shadows its casts. (below) Page 155 of 254 6 TECHNICAL DRAWING Page 156 of 254 7 APPROXIMATE WEIGHT OF STAR/LIGHT ROUNDABOUT INSTALLATION IS APPROXIMATELY 500 POUNDS TOTAL 3) MAINTENANCE PLAN INCLUDING MEASURES TAKEN TO PROTECT THE ARTWORK AGAINST ENVIRONMENTAL/WEAR FACTORS AND ESTIMATED LIFESPAN. AND ABILITY TO WITHSTAND EXTREME WEATHER CONDITIONS INCLUDING WIND AND SNOW LOAD. The roundabout sculpture included in Star/Light is a work in steel and bronze, two highly resistant materials that are low maintenance and have been known to last generations. We guarantee our work for a minimum of 10 years, but in reality these pieces will last decades. We have created many works of Public Art for Minnesota and are quite familiar with its extreme weather. As you can see from our construction notes, this sculpture is designed with an eye to airflow to in an effort to avoid accumulated snow fall & damage caused by high winds. With the roundabout, we met all specifications for such structures including allowing for very little obstruction of traffic sight lines. 4) DETAILED TIMELINE THAT INCLUDES PRODUCTION AND INSTALLATION. Please note that we post progress photos on our website and we work. This practice allows commissioners and community members, an opportunity to “watch” fabrication, which builds a deeper understanding of the process and, sometimes, a deeper connection to the work itself. Feb 8, 2024 Production commences with ordering of materials, including metal and glass. February 26-March 15, 2024: Antlers are fabricated. Head, legs & antlers are welded onto the body armature. March 18, 2024 Leaves are created by hand using the technique of repoussé, from the French, meaning “pushed back,” which refers to any type of ornamentation in which the design is raised in relief on the reverse or interior side of the metal material by hand. May 1,2024: Leaves are completed and all are installed upon the armature. Patination process begins. Body to be given a green patina. May 10-20, 2024 Installation of roundabout sculpture first, and then glass sculpture wall installation on pavilion. July 1, 2024 Desired completion & installation of glass sculpture for Fine Arts Center in Lakeville, MN. Sample detail of “water” panel Page 157 of 254 8 5) BUDGET PUBLIC ART MATERIALS Bullseye Architectural-grade kiln forming recycled glass & frit For 40 elements for two murals, plus extras and historical sign (9 x 9 & 12 x 12) $16,000 4-inch Glass attachment findings with acrylic spacers $550 Roundabout sculpture metal Antlers metal materials 2@ 20ft 4” hollow 40ft Tube 2@ 6ft 1-2” 2’ 1 ½ -1 2@ 80ft 1” 2@ 80ft ½ inch Body 304 Stainless Steel Round Tube for armature 700 pounds Bronze bar for casting head & legs & incidentals 10 Bronze sheet w/ waterjet cutting Installation steel plate $27,100 MATERIALS ESTIMATE TOTAL: $43,650* FABRICATION Lamination of glass section $1,250 Glass fabrication & design including documentation of project ($50 per hour x 210) $10,500 Design & Sculpture fabrication & design Lead Artist ($50 per hour x 210) $ $10,500 FABRICATION TOTAL: $22,250 OTHER COSTS Installation (including lift rental) $5000 Insurance coverage $800 Welding supplies $1,800 Glass Studio chargeback (electricity, firing paper, glue, etc.) $1,500 OVERHEAD/OTHER COST SUBTOTAL $9,100 TOTAL: $75.000 *Please note that additional lighting, and its installation, is not included in this budget. Page 158 of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age 159 of 254 Date: 2/5/2024 Cedar Hills 6th Addition final plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Cedar Hills 6th Addition final plat. Overview U.S. Home, LLC, dba Lennar, has submitted a final plat application for Cedar Hills 6th Addition, which consists of 41 detached townhome lots and three common area lots on 9.85 acres of land located east of Cedar Avenue (CSAH 23) and south of 200th Street (CR 64). The Cedar Hills preliminary plat of 139 single family lots and 205 detached townhome lots was approved by the City Council on July 20, 2020. The Cedar Hills final plat of 16 single family lots and 16 detached townhomes was approved by the City Council on October 5, 2020. The Cedar Hills 2nd Addition final plat of 40 single family lots and 42 detached townhomes was approved by the City Council on March 1, 2021. The Cedar Hills 3rd Addition final plat of 47 single family lots and 68 detached townhomes was approved by the City Council on February 22, 2022. The Cedar Hills 4th Addition preliminary and final plat of one lot was approved by the City Council on December 5, 2022. The Cedar Hills 5th Addition final plat of 36 single family home lots and 34 detached townhome lots was approved by the City Council on January 17, 2023. The Cedar Hills 6th Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. Supporting Information 1. Final Plat Resolution 2. Development Contract 3. January 24, 2024 Planning and Engineering reports Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 160 of 254 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-______ RESOLUTION APPROVING THE FINAL PLAT OF CEDAR HILLS 6TH ADDITION WHEREAS, the owner of the property described as CEDAR HILLS 6TH ADDITION has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the preliminary plat; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. CEDAR HILLS 6TH ADDITION final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. Page 161 of 254 2 ADOPTED by the Lakeville City Council this 5th day of February 2024. CITY OF LAKEVILLE Luke M. Hellier, Mayor ATTEST: _______________________ 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 5th day of February 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 162 of 254 1 Cedar Hills 6th Addition 229683v3 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) CEDAR HILLS 6TH ADDITION CONTRACT dated ____________________, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and U.S. HOME, LLC, a Delaware limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for CEDAR HILLS 6TH ADDITION (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part hereof by reference. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer Page 163 of 254 2 Cedar Hills 6th Addition 229683v3 following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans Page 164 of 254 3 Cedar Hills 6th Addition 229683v3 may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the Page 165 of 254 4 Cedar Hills 6th Addition 229683v3 City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way Page 166 of 254 5 Cedar Hills 6th Addition 229683v3 D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2024, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with Page 167 of 254 6 Cedar Hills 6th Addition 229683v3 the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Redundant silt fence is required along all wetlands and waterways that do not have a 50-foot established buffer. The Developer is responsible for the establishment of native vegetation around all stormwater treatment basins and any disturbed or farmed buffer. The Developer must submit a management plan including a schedule for maintenance to the City for review. 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 by the Developer with the final plat, calculated as follows: $30,000 x 2% = $600.00 Grading Cost Cedar Hills 6th Addition 2024 Rate MS4 Administration Fee Cedar Hills 6th Addition 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except Page 168 of 254 7 Cedar Hills 6th Addition 229683v3 three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. Cedar Hills 6th 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 Page 169 of 254 8 Cedar Hills 6th Addition 229683v3 Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation and as-built record drawing preparation performed by the City’s in- house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction cost. Page 170 of 254 9 Cedar Hills 6th Addition 229683v3 19. STORM SEWER. The Developer shall construct public storm sewer systems within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to public stormwater management basins located within Outlot O and Outlot P, Cedar Hills 3rd Addition. Draintile construction is required in areas of non-granular soils within Cedar Hills 6th Addition for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and shall be paid with the final plat, calculated as follows: 429,066.00 s.f. x $0.178/s.f. = $76,373.75 Net Area Cedar Hills 6th Addition 2024 Rate (sq ft) Storm Sewer Charge Cedar Hills 6th Addition Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid by the Developer with the final plat. The fee is based on the rate in effect at the time of final plat approval, calculated as follows: 41 units x $327.00 = $13,407.00 Total Units Cedar Hills 6th Addition 2024 Unit Rate Sanitary Sewer Availability Charge Cedar Hills 6th Addition 21. WATERMAIN. The Developer shall construct and extend 8-inch watermain within the subdivision and connect to existing stubs within a) 201st Street, east of the Gabardine Lane intersection, b) Gaines Court, northeast of the Gallifrey Way intersection, and c) east of the 200th Street/Gallifrey Way intersection to provide water service to the subdivision. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction will be from 200th Street via Cedar Avenue. Access to existing adjacent local roadways shall be limited as much as feasible for the development construction. Page 171 of 254 10 Cedar Hills 6th Addition 229683v3 23. 201ST STREET IMPROVEMENTS. The Developer shall construct a temporary paved cul- de-sac and install a future street extension sign and barricades at the east end of 201st Street for future extension. The Developer shall grant a temporary easement to the City in a recordable form approved by the City with the Cedar Hills 6th Addition plat. The Developer shall provide a $5,000.00 escrow for the future removal and restoration of the temporary cul-de-sac with the final plat. 24. OVERHEAD LINES. An overhead utility line and utility poles are located along the south side of 200th Street adjacent to the parent parcels. The Developer posted a security with Cedar Hills 3rd Addition and is required to remove the poles and place the utilities underground from Cedar Avenue to the Cedar Hills 3rd Addition east plat boundary, consistent with the City’s Public Ways and Property Ordinance. 25. PARKS, TRAILS, AND SIDEWALKS. The City’s Parks, Trails and Open Space Plan designates a future neighborhood park at the southeast corner of the Cedar Hills preliminary plat, extending from the existing park in Spyglass (Outlot G, Cedar Hills 3rd Addition). The Park Dedication requirement was satisfied through land dedication and cash contributions with previous additions of the Cedar Hills preliminary plat. No additional land dedication or cash contributions are required. The Developer shall install five-foot wide concrete sidewalks, with pedestrian curb ramps, along one side of all local streets except for cul-de-sac roadways. 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee of $900.00 for traffic control signs which is due with Cedar Hills 6th Addition. If street signs are installed during frost conditions, the Developer shall pay an additional $150.00 for each street sign location. The Developer shall pay a cash fee for one-year of streetlight operating expenses at the time of final plat approval, calculated as follows: 41 units x $40.48/unit = $1,659.68 Total Units Cedar Hills 6th Addition 2024 Rate Streetlight Operating Fee Cedar Hills 6th Addition 27. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for one-year of environmental resources expenses at the time of final plat approval, calculated as follows: Page 172 of 254 11 Cedar Hills 6th Addition 229683v3 41 units x $59.16/unit = $2,425.56 Total Units Cedar Hills 6th Addition 2024 Rate Environmental Resources Fee Cedar Hills 6th Addition 28. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $61,217.10 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall, measured from the top of the ball or container to the bottom of the evergreen leader. The trees may not be planted in the right-of-way. The Developer shall sod the boulevard and provide ground cover for the remainder of the lots. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. 29. BUFFER YARD BERM/LANDSCAPE SCREEN. 200th Street is classified as a major collector roadway; therefore, buffer yard and screening requirements apply to Lots 5 and 6, Block 1. The Developer shall install a buffer yard containing earth berms and/or plantings of sufficient density to provide a visual screen and reasonable buffer a minimum of ten feet in height. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. 30. WETLANDS. The wetland replacement plan for the Cedar Hills preliminary plat was approved on February 25, 2020. No additional wetland impacts are proposed with Cedar Hills 6th Addition. Page 173 of 254 12 Cedar Hills 6th Addition 229683v3 The Developer is responsible for the installation of ten (10) Natural Area Signs along wetlands and creek buffers. Final locations must be reviewed by City staff prior to installation. 31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the January 24, 2024, Planning Report, and the January 24, 2024, Engineering Report. B. Structures built on Lots 5 and 6, Block 1, must be setback a minimum of five feet from the north property line of their respective unit lots to meet the 50-foot buffer side yard setback from 200th Street. C. The Developer shall submit Homeowners Association documents establishing a homeowners association for the ownership and maintenance of the following lots at the time of final plat approval, subject to review and approval of City staff and the City Attorney: • Lot 16, Block 1 • Lot 14, Block 2 • Lot 14, Block 3 D. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $4,400.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 44 lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. E. The Developer shall pay a cash fee for the preparation of addressing, property data, and City base map updating. This fee is $90.00 per lot/outlot for a total charge of $3,960.00. F. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a Page 174 of 254 13 Cedar Hills 6th Addition 229683v3 security for street light installation consistent with the approved plan. The estimated amount of this security is $6,000.00 and consists of five (5) post-top street lights at $1,200.00 each. G. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank ("security") for $1,263,983.54. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $210,955.30 B. Watermain 223,638.00 C. Storm Sewer 252,011.00 D. Streets 351,437.35 E. Erosion Control/Stormwater Basins, Restoration, Grading Certification 30,000.00 CONSTRUCTION SUB-TOTAL $1,068,041.65 OTHER COSTS: A. Developer’s Design (3.0%) $32,041.25 B. Developer’s Construction Survey (2.5%) 26,701.04 C. City Legal Expenses (Est. 0.5%) 5,340.21 D. City Construction Observation (Est. 5.0%) 53,402.08 E. City Record Drawings (0.5%) 5,340.21 F. Natural Area Signs 1,500.00 G. Landscaping 61,217.10 H. Streetlights 6,000.00 I. Lot Corners/Iron Monuments 4,400.00 OTHER COSTS SUB-TOTAL $195,941.89 TOTAL SECURITIES: $1,263,983.54 Page 175 of 254 14 Cedar Hills 6th Addition 229683v3 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Sanitary Sewer Availability Charge $13,407.00 B. Storm Sewer Area Charge 76,373.75 C. MS4 Administration Fee 600.00 D. 201st Street Temporary Cul-De-Sac Removal/Restoration 5,000.00 E. Traffic Control Signs 900.00 F. Street Light Operating Fee 1,659.68 G. Environmental Resources Expenses 2,425.56 H. Property Data & Asset/Infrastructure Management Fee 3,960.00 I. City Engineering Administration 32,041.25 (3% for letters of credit) TOTAL CASH REQUIREMENTS $136,367.24 34. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is Page 176 of 254 15 Cedar Hills 6th Addition 229683v3 one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 35. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Page 177 of 254 16 Cedar Hills 6th Addition 229683v3 E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to City or MCES sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 36. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 37. FORCE MAJEURE. If Developer is delayed at any time in progress of the plat by acts of God, casualty, insurrection, strikes, war, terrorism, lockouts, pandemic, governmental order (including health orders), labor disputes, adverse weather conditions which could not reasonably be anticipated, or any causes, acts, or occurrences beyond Developer’s control (financial inability excluded) (collectively, “Force Majeure Items”), then the commencement date and completion dates (without adjustment to the Development Contract sums) shall be extended for such reasonable time as the Force Majeure Items continue. 38. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, Page 178 of 254 17 Cedar Hills 6th Addition 229683v3 zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except three (3) model homes on lots acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. Page 179 of 254 18 Cedar Hills 6th Addition 229683v3 H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Page 180 of 254 19 Cedar Hills 6th Addition 229683v3 Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. Page 181 of 254 20 Cedar Hills 6th Addition 229683v3 J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. Page 182 of 254 21 Cedar Hills 6th Addition 229683v3 N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 16305 36th Ave. N, Suite 600, Plymouth, Minnesota 55446. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [The remainder of this page has been intentionally left blank. Signature pages follow.] Page 183 of 254 22 Cedar Hills 6th Addition 229683v3 CITY OF LAKEVILLE BY: ___________________________________________ Luke M. Hellier, Mayor (SEAL) AND __________________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC Page 184 of 254 Page 185 of 254 24 Cedar Hills 6th Addition 229683v3 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as: CEDAR HILLS 6TH ADDITION Outlot N, Cedar Hills 3rd Addition, Dakota County, Minnesota, according to the recorded plat thereof; And Outlot A, Cedar Hills 5th Addition, Dakota County, Minnesota, according to the recorded plat thereof. Page 186 of 254 1 City of Lakeville Community Development Department Memorandum To: Tina Goodroad, Community Development Director From: Kris Jenson, Associate Planner Date: January 24, 20224 Subject: Cedar Hills 6th Addition Final Plat Application Action Deadline: March 8, 2024 INTRODUCTION US Home, LLC (dba Lennar) has submitted an application and plans for the final plat of Cedar Hills 6th Addition, which includes 41 detached townhome lots located east of Cedar Avenue (CSAH 23) and south of 200th Street. This is the sixth and final phase of the preliminary plat of 139 single family lots and 205 detached townhomes lots that was approved by the City Council on April 6, 2020 and revised on July 20, 2020. The lot, block and street design of the Cedar Hills 6th Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Site Location Map B. Approved Preliminary Plat C. Final Plat (3 pages) D. Plat Commission Letter PLANNING A NALYSIS Existing Conditions. The Cedar Hills 6th Addition final plat area consists of two parcels. Previously the site was used for agriculture. (Exhibit A) Zoning. The zoning of both parcels is RM-1, Medium Density Residential District and detached townhomes are a permitted use in the RM-1 District. Page 187 of 254 2 TOWNHOME DEVELOPMENT STANDARDS Lot and Setback Requirements. The following minimum requirements for townhome building setbacks in the RM-1 District pertain to the Cedar Hills 6th Addition final plat: Base Lot Between Detached Units Front Yard (to ROW) Buffer Side Yard RM-1 30 feet 14 feet 20 feet (front) 25 feet (garage) 50 feet The unit lots shown on the Cedar Hills 6th Addition final plat have sufficient area to accommodate the detached townhome units. The townhome units constructed on Lots 5 and 6, Block 1, must be setback a minimum of five feet from the north property line of their respective unit lots, to meet the 50-foot buffer side yard setback from 200th Street. The RM-1 District requires at least 5,000 square feet per unit. The Cedar Hills 6th Addition final plat has an average of over 10,400 square feet per unit for the detached townhome area, which exceeds the minimum lot area per unit requirements of the RM-1 District. Development Density. The Cedar Hills 6th Addition final plat consists of 41 detached townhome lots on 9.85 acres for a density of 4.16 units per acre. Outlots. There are no outlots in the Cedar Hills 6th Addition. Access. Cedar Hills 6th Addition will have access from 202nd Street, which is constructed to the east plat boundary, which is also the city boundary with Farmington. Access will also be available from 200th Street (CR 64) to the north. Streets & Right-of-Way. Cedar Hills 6th Addition is adjacent to and will include the construction of the following streets: 200th Street (CR 64) is identified as a major collector County roadway in the City’s Transportation Plan. The required right of way was dedicated with the first phase final plat. Gallifrey Way is an existing street that has full access at both 200th Street and 202nd Street, providing a connection through the detached townhomes portion of the development before continuing south through the single-family lots. 201st Street will be a local residential 32-foot-wide street within a 60-foot right of way, extended east from its current terminus at Gabardine Lane. A five-foot-wide sidewalk will be constructed on one side of the street. A temporary cul-de-sac and easement will be required at the east end of the street, as well as barricades and a “Future Street Extension” sign. The Developer will also be required to submit a $5,000 escrow for the future removal and restoration of the temporary cul- de-sac. See the January 24, 2024 Engineering memo for more information. Page 188 of 254 3 Gaines Court will be a local residential 32-foot-wide street within a 60-foot right of way that ends in a permanent cul-de-sac. Dakota County Plat Commission. The Cedar Hills 6th Addition final plat was reviewed and approved at the Plat Commission’s November 8, 20232 meeting. Restricted access is required along 200th Street (CR 64). Buffer Yard/Landscaping. Cedar Hills 6th Addition is adjacent to 200th Street, which is a major collector roadway. With this plat, two detached townhome lots will be adjacent to 200th Street. The developer is proposing to plant a mix of evergreen and overstory trees in staggered rows north of Lots 5 and 6, Block 1, along 200th Street, to meet the buffer yard landscaping requirements. A security of $61,217.10 is required to guarantee installation of the landscaping. Park Dedication. The City’s Parks Trails and Open Space Plan identified an expansion of Spyglass Park, along the south boundary of the Cedar Hills subdivision. The final cash contributions for the overall Cedar Hills development were paid with the Cedar Hills 5th Addition final plat and no additional park dedication is required to be paid with the Cedar Hills 6th Addition final plat. See the January 24, 2024 engineering report for more details. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Grading, drainage and erosion control is discussed in more detail in the January 24, 2024 engineering report. RECOMMENDATION The Cedar Hills 6th Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Community Development Department staff recommends approval of the Cedar Hills 6th Addition final plat subject to the following conditions: 1. The recommendations listed in the January 24, 2024 engineering report. 2. Structures built on Lots 5 and 6, Block 1, must be setback a minimum of five feet from the north property line of their respective unit lots, to meet the 50-foot buffer side yard setback from 200th Street. 3. A five-foot-wide concrete sidewalk shall be constructed along one side 201st Street at the developer’s expense as shown on the approved final plat plans. 4. A temporary cul-de-sac and temporary roadway easement is required at the east terminus of 201st Street. A “Future Street Extension” sign and barricades must be placed at the east terminus of 201st Street, and a $5,000 escrow must be provided for the future removal and restoration of the cul-de-sac. Page 189 of 254 4 5. A homeowner’s association must be established for ownership and maintenance of the following lots: • Lot 16, Block 1 • Lot 14, Block 2 • Lot 14, Block 3 6. Landscaping shall be installed consistent with the approved landscape plan. A security of $61,217.10 is required to be submitted with the final plat to guarantee installation of the landscaping. Page 190 of 254 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 205TH STCEDAR AVE (CSAH 23)Cedar Hills 6th Addition plat areas Farmington High School200TH ST (CR 64) 202ND ST City of Lakeville Site Location Map Cedar Hills 6th Add. & EXHIBIT A &GABARDINE LN GAMMA LN GENEVA TRLPage 191 of 254 TSTREET 2STREET 2 STREET 3STREET 4 STREET 6 STREET 7STREET 5STREET 8STREET 8STREET 10STREET 9STREET 1STREET 1STREET 13STREET 14STREET 15STREET 16STREET 12STREET 12STREET 12 STREET 18ST R E E T 1 1 STREET 11STREET 11STREET 17STREET 19202ND STREET W202ND STREET W200TH STREET W200TH STREET WC.S.A.H.NO. 23 (CEDAR AVENUE)C.S.A.H.NO. 23 (CEDAR AVENUE)205TH STREET W20 5 T H S T R E E T W Edge of WetlandEdge of WetlandEdge of WetlandEdge of WetlandEdge of WetlandPONDPONDPONDPONDPONDPONDPONDPONDPOND24*23*22*21*20*19*18*17*16*15*14*13121110987654321123456789101112*11*1098765432113*14*15*16*17*18*19*20*21*22*23*25*26*27*3211314151617181920212223241234567891011121*2*3*4*5*6*7*8*9*10*11*12*13*14*15*16*17*18*19*20*21*22*23*24*151413121110987654321123456781234567891011121314151617181920212223242526123456789101112131415161718192021222324252627282930313212345678910 11 12131415123456789101112131415161712341234512345678910111213141516171819202122232425262728291*2*3*4*5* 6*7* 8*9*10*111213141516242318171*2*4*5*6*7*91011121314151617*18*11253467789101010111213131414141515161617181818OUTLOT AOUTLOT BOUTLOT DOUTLOT FOUTLOT GOUTLOT HOUTLOT IOUTLOT JOUTLOT E1619*21*20*22*23*25*24*26*321*222120193*826*25*28*27*3029323134333536373839404241434424*25OUTLOT C262728*323130172745122942825429N:\0022951.00\DWG\CIVIL\PRELIM\0022951PPP01.DWG 453PROJECT NUMBER: 0022951.00LAKEVILLE, MINNESOTA06/11/20...© 2020 Westwood Professional Services, Inc.CEDAR HILLSOVERALL PRELIMINARYPLAT16305 36TH AVENUE NORTH, SUITE 600PLYMOUTH, MINNESOTA, 55446CEDAR HILLS09/19/19LENNAR CORPORATION06/11/2026971CORY MEYERNOT FOR CONSTRUCTIONCommon Ground AllianceCall 48 Hours before digging:811 or call811.com149.999997'30' OR 15'0'150'300'450'1" = 150'01/21/2002/17/2003/10/2006/11/20.CITY COMMENTSCITY COMMENTSCITY AND CLIENT COMMENTSCLIENT LOT REVISONS.SHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone(952) 937-5150 12701 Whitewater Drive, Suite #300Fax(952) 937-5822 Minnetonka, MN 55343Toll Free(888) 937-5150DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTA·EXISTING ZONING:RM1 & RS-3·PROPOSED ZONING:RS4 (SOUTH) & RM-1 (NORTH)·GROSS SITE AREA:159.5 AC MAJOR R.O.W. (CEDAR AVE; 202ND ST W; 200TH ST W): 13.41 AC EXISTING WETLAND:10.22 AC·NET DEVELOPABLE AREA: 131.96 AC·OPEN SPACE:21.40 AC·DEVELOPMENT SUMMARY 70' WIDE SINGLE FAMILY:139 LOTS VILLAS:40' WIDE LOTS (2 CAR GARAGES):113 LOTS *50' WIDE LOTS (3 CAR GARAGES): 92 LOTS TOTAL VILLAS:205 LOTSTOTAL HOMES:344 HOMES·PROJECT DENSITY:GROSS (344 UNITS / 159.5 AC):±2.16 UN/AC (GROSS SITE AREA) NET (344 UNITS / 131.91 AC)±2.61 UN/AC (NET DEVELOPABLE SITE AREA)MINIMUM LOT AREASITE DEVELOPMENT DATALOT STANDARDS1. ALL LOT DIMENSIONS ARE ROUNDED TO THE NEAREST FOOT.2. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.3. STREET NAMES ARE SUBJECT TO APPROVAL BY THE CITY.4. DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED AS REQUIRED. DRAINAGE AND UTILITYEASEMENTS WILL BE PROVIDED OVER ALL PUBLIC UTILITIES AND UP TO 1 FOOT ABOVE THEHIGH WATER LEVEL OF ALL PONDS.5. STREET WIDTHS ARE SHOWN FROM BACK OF CURB TO BACK OF CURB.DEVELOPMENT NOTESAVERAGE LOT AREAMINIMUM LOT WIDTHMINIMUM LOT DEPTHSETBACKSFRONTSIDE INTERIOR LOTSIDE CORNER LOTREARSTANDARD70' SINGLEFAMILY40/50' VILLAS9,363 SF12,512 SFN/AN/A50'/60'90'25'14' BTW BLDS20'N/A70' @ FRONT SBK125'20' HOUSE/25' GARAGE7'/7'; 14' TOTAL20'30'OUTLOT TABLEOUTLOTAGROSSAREAUSE OWNERSHIPPONDINGCITY1.18 ACBPONDING/WETLANDCITY2.99 ACC PRIVATE PARKHOA1.18 ACDPONDING/WETLANDCITY7.27 ACEPONDING/WETLANDCITY1.63 ACTHE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 27,TOWNSHIP 114, RANGE 20, DAKOTA COUNTY, MINNESOTAANDTHE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 27,TOWNSHIP 114, RANGE 20, DAKOTA COUNTY, MINNESOTAPROPERTY DESCRIPTIONTYPICAL SINGLE FAMILY (SF) LOT DETAIL10'5'5'7'25' 30'5'70'70'125' 125'21DRAINAGE &UTILITY EASEMENTTYPICAL LOTDIMENSIONFRONT BUILDINGSETBACKBUILDING SETBACK LINEREAR BUILDING SETBACKLOT LINESIDE YARD SETBACKROAD RIGHT-OF-WAYX,XXX SFLOT AREAMIN. CORNER LOT WIDTHN/A85' @ FRONT SBKFBUFFERHOA1.26 ACGPONDING/WETLANDCITY6.47 ACHPONDING/WETLANDCITY6.76 ACIPARKCITY3.98 ACJWETLANDCITY5.30 ACTYPICAL VILLA LOT DETAIL25'50'/60'50'/60'95' 95'TYPICAL LOTDIMENSIONFRONT BUILDINGSETBACKBUILDING PADLOT LINEROAD RIGHT-OF-WAYLOT AREA40'/50'40'/50'70' 70'21X,XXX SFTYPICAL TWINHOME LOT DETAIL41'41'83' 83'TYPICAL LOTDIMENSIONFRONT BUILDINGSETBACKBUILDING PADLOT LINEROAD RIGHT-OF-WAYLOT AREA36'63'21X,XXX SF21X,XXX SF41'41'36'63' 63'36'36'25'MIN. CORNER LOT AREA10,200 SFN/ACEDAR/200TH/202ND50'50' PARK DEDICATION (OUTLOT H): 3.96 AC (OUTLOT A, B, D, E, G, H, J, LESS WETLANDS) ADJUSTED NET DENSITY (344 UNITS / 109.97 AC) ±3.13 UN/AC (NET ADDITIONAL OPEN SPACE)·RM OPEN SPACE CALCULATION: 71.65 AC 10% GROSS AREA REQUIRED:7.16 AC PROVIDED OPEN SPACE:19.84 AC (28%)(COMMON LOTS, BLOCKS 1-10)EXHIBIT B Page 192 of 254 ∆∆∆∆11234515141312111098761312345678910111223456789101112131123161414GAINES COURT 201ST STREETS89°57'15"W 352.71N00°02'45"W140.77N26°57'26"E176.23N41°42'48"E 227.85S67°51'50"W 181.21N00°02'45"W 170.21S56°42'49"W71.07N42°40'10"E50.29N28°38'55"E21.01N63°02'34"W23.61S30°37'57"E72.47S47°21'30"E43.12Δ=25°10'11"R=383.00L=168.25CH=166.90CB=N34°43'16"WN59°22'03"E66.55Δ=7°03'23"R=280.00L=34.48CH=34.46CB=S55°50'22"WN66°10'17"E 343.81S78°47'17"E 198.15N00°22'35"E 330.19S78°47'17"E 259.80N86°52'13"E100.60N89°37'25"W81.69S89°37'25"E82.90N58°38 '35 "E122.69 N68°39'36"E41.36S11°12'43"W114.72S11°12'43"W60.00Δ=42°34'07"R=500.00L=371.48CH=363.00CB=N79°55'39"EΔ=6°43'52"R=650.00L=76.36CH=76.32CB=N82°09'13"WN04°28'51"E120.00 Δ=6°43'52"R=770.00L=90.46CH=90.41CB=N82°09'13"WS78°47'17"E15.54S38°15'49"E296.42N00°02'45"W50.00N89°57'15"E 857.51N00°22'35"E 471.60 NE Cor of the NW 1/4 ofSec. 27, Twp. 114, Rge. 20Fd. Dakota Countymag nail & disc60608050 50 33 33North line of Outlot A,CEDAR HILLS 5TH ADDITION080160240Sheet 1 of 3 SheetsCEDAR HILLS 6TH ADDITIONKNOW ALL PERSONS BY THESE PRESENTS: That U.S. Home, LLC, a Delaware limited liability company, owner of the following described property:Outlot N, CEDAR HILLS 3RD ADDITION and Outlot A, CEDAR HILLS 5TH ADDITION, according to the recorded plats thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as CEDAR HILLS 6TH ADDITION and does hereby donate and dedicate to the public for public use the public ways and the drainage and utility easements ascreated by this plat.In witness whereof said U.S. Home, LLC, a Delaware limited liability company, has caused these presents to be signed by its proper officer thisday of, 20.U.S. HOME, LLCByJonathan Aune, Vice PresidentSTATE OFCOUNTY OFThis instrument was acknowledged before me on, by Jonathan Aune, Vice President of U.S. Home, LLC, a Delaware limitedliability company, on behalf of the limited liability company.(Signature)(Name Printed)Notary Public,County,My Commission ExpiresI, Chris Ambourn, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representationof the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all waterboundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated thisday of, 20.Chris Ambourn, Licensed Land SurveyorMinnesota License No. 43055STATE OF MINNESOTACOUNTY OFThis instrument was acknowledged before me onby Chris Ambourn, Land Surveyor, Minnesota License No. 43055.(Signature)(Name Printed)Notary Public,County,My Commission ExpiresCITY COUNCIL, CITY OF LAKEVILLE, STATE OF MINNESOTAThis plat was approved by the City Council of Lakeville, Minnesota, thisday of, 20, and hereby certifies compliance with all requirements asset forth in Minnesota Statutes, Section 505.03. Subd. 2.MayorClerkCOUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved thisday of, 20.Todd B. TollefsonDakota County SurveyorBOARD OF COUNTY COMMISSIONERS. COUNTY OF DAKOTA, STATE OF MINNESOTAWe do hereby certify that on the 28th day of November, 2023 the Board of Commissioners of Dakota County, Minnesota approved this plat of CEDAR HILLS 6TH ADDITION and said plat is in compliancewith the provisions of Minnesota Statutes, Section 505.03, Subd. 2 and pursuant to the Dakota County Contiguous Plat Ordinance.AttestChair, County BoardCounty Treasurer-AuditorDEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12,there are no delinquent taxes and transfer entered this day of, 20., DirectorAmy A. Koethe, Department of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of CEDAR HILLS 6TH ADDITION was filed in the office of the County Recorder for public record on thisday of, 20, ato'clock .M., and was duly filed in Book of Plats, Page, as Document Number.Amy A. Koethe, County RecorderDakota County, Minnesota(NOT TO SCALE)LAKEVILLE, MINNESOTASECTION 27, TOWNSHIP 114, RANGE 20VICINITY MAPSITEGALLIFREY WAYCR. 64 (200TH STREET W.)CSAH 23 (CEDAR AVENUE )FOUND MONUMENT WITH CAP #53596OR AS NOTED ON SURVEYTHE NORTH LINE OF OUTLOT A, CEDAR HILLS 5THADDITION, IS ASSUMED TO BEAR S 89°57'15" W∆DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PERDOCUMENT NO. 3587635INSET A(See Sheet 2 of 3 Sheets)INSET B(See Sheet 3 of 3 Sheets)Scale in FeetScale: 1 Inch = 80 FeetFLAGSTAFF AVENUE 202ND STREET W.EXHIBIT CPage 193 of 254 ∆∆∆∆∆∆∆∆∆∆∆∆1234515141312111098761116GAINES COURT S89°57'15"W 352.71N00°02'45"W 140.77 N2 6 ° 5 7 ' 2 6 " E 1 7 6 . 2 3 N 4 1 ° 4 2 ' 4 8 " E 2 2 7 . 8 5S67°51'50"W 181.21∆=25°10'11"L=168.25R=383.00CB=N34°43'16"WCL=166.90∆=7°03'23"L=34.48R=280.00CL=34.46CB=S55°50'22"WN59°22'03"E 66.55S30°37'57"E 72.47S47°21'30"E43.12S56°42'49"W 71.07N42°40'10"E50.29 N28°38'55"E21.01 N00°02'45"W 170.21∆=58°20'53"R=350.00L=356.43N59°22'03"E 90.52∆=6°10'06"R=250.00L=26.91S63°54'55 "W 60 .00N46°16'22"W 60.00∆=4°31'51"L=30.29∆=4°30'00"L=30.08N49°41'30"E24.78 N35°39'32"E24.66 N01°40'08"E43.20 N03°29'21"W45.08S12°05' 0 0 " W 46.03 S14°2 5 ' 5 9 " W 38.47 S25 ° 0 4 ' 1 7 " W 15. 0 4 S3 3 ° 3 6 ' 2 4 " W 16 . 0 2 S 4 1 ° 1 9 ' 5 2 "W 1 6 . 2 3 S 4 9 ° 0 3 ' 0 7 "W 1 5 . 9 6S58°10'47"W14.48S62°39'49"W24.40N10°46'47"E19.80N49°38'10"W6.94 S80°21'05 " W 8.40 S03°08'23"W 4.73S59°22'03"W4.5023.98∆=38°59'50"L=217.80 ∆=46°27'19"R=100.00L=81.08∆=249°48'44"R=60.00L=261.60∆=2 9 ° 3 8 ' 2 8 " R= 1 0 0 . 0 0 L= 5 1 . 7 3 ∆=45°16'53"L=300.3290.52∆=5°39'34"L=21.73S33°17'11"E 95.00N33°17'11"W 95.00S47°19'50"E 95.00N47°19'50"W 95.00S61°21'05"E 95.00N61°21'05"W 79.52N89°57'15"E 95.00S89°57'15"W 95.00N89°57'15"E 95.00S89°57'15"W 95.00S89°57'15"W 95.00N89°57'15"E 95.00N67°15'34"W 95.00S67°15'34"E 95.00N67°15'34"W 95.00S67°15'34"E 95.00N67°15'34"W 95.00S67°15'34"E 95.00N60°14'57"W 95.00S60°14'57"E 95.00N52°32'15"W 95.00S52°32'15"E 95.00N44°48'02"W 95.00S44°48'02"E 95.00N37°05'44"W 95.00S37°05'44"E 95.00N30°37'57"W 95.00S30°37'57"E 95.00N30°37'57"W 95.00S30°37'57"E 95.00N56°42'49"E50.00N56°42'49"E50.00N42°40'10"E50.00 N42°40'10"E50.00N28°38'55"E50.00 N28°38'55"E41.53 N00°02'45"W50.00N00°02'45"W50.00 N00°02'45"W50.00N00°02'45"W50.00 S00°02'45"E 50.00 S00°02'45"E 50.00 S22 ° 4 4 ' 2 6 " W 50.0 0 S22 ° 4 4 ' 2 6 " W 50. 0 0 S22 ° 4 4 ' 2 6 " W 50. 0 0 S22 ° 4 4 ' 2 6 " W 50.0 0 S22 ° 4 4 ' 2 6 " W 50.0 0 S22 ° 4 4 ' 2 6 " W 50. 0 0 S2 9 ° 4 5 ' 0 3 " W 50. 0 0 S2 9 ° 4 5 ' 0 3 " W 50. 0 0 S 3 7 ° 2 7 ' 4 5 " W 5 0 . 0 0 S37°27 ' 4 5 " W 50.00S45°11'58"W50.00 S 4 5 ° 1 1 ' 5 8 "W 5 0 . 0 0 S52°54'16"W50.00 S52°54'16"W50.00S59°22'03"W50.00S59°22'03"W50.00S59°22'03"W50.00S59°22'03"W50.00N89°57'15"E17.6530303030Drainage & Utility Easementover all of Lot 16, Block 1 N63°02'34"W23.610306090Sheet 2 of 3 SheetsCEDAR HILLS 6TH ADDITIONINSET A(From Sheet 1 of 3 Sheets)Scale in FeetScale: 1 Inch = 30 FeetFOUND MONUMENT WITH CAP #53596OR AS NOTED ON SURVEYTHE NORTH LINE OF OUTLOT A, CEDAR HILLS 5THADDITION, IS ASSUMED TO BEAR S 89°57'15" W∆DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PERDOCUMENT NO. 3587635SET 1/2" BY 14" IRON PIPE WITH CAP #43055Page 194 of 254 1131234567891011122345678910111213231414201ST STREETS78°47'17"E 198.15N66°10'17"E 343 .81 N00°22'35"E 330.19 N86°52'13"E 100.60N89°37'25"W 81.69S89°37'25"E 82.90N58°38 '35 "E 122 .69∆=6°43'52"L=90.46R=770.00CL=90.41CB=N82°09'13"W∆=6°43'52"L=76.36R=650.00CB=N82°09'13"WCL=76.32S78°47'17"E 259.80∆=42°34'07"L=371.48R=500.00CB=N79°55'39"ES11°12'43"W 114.72 N68°39'36"E41.36S11°12'43"W 60.00N04°28'51"E 120.00 S78°47'17"E15.54S78°47'17"E 259.80∆=42°34'07"R=350.00L=260.04N58°38 '35 "E 122 .69∆=31°43'59"R=250.00L=138.46S89°37'25"E30.3130.00 30.00 30.0030.00 30 30 3030S78°47'17"E4.50S78°47'17"E4.50S78°47'17"E4.50S78°58'53"E4.50N63°14 '41 "E4.51N58°38 '35 "E4.50N57°19 '12 "E14.27N68°30'42"E18.96N78°03'31"E34.00N4 5 ° 5 9 ' 2 3 " E 3 4 . 9 8S20°33'12"E5.55S11°12'43"W 95.00N11°12'43"E 95.00S11°12'43"W 95.00N11°12'43"E 95.00S11°12'43"W 95.00 N11°12' 4 3 " E 9 5 . 0 0 S11°12'4 3 " W 9 5 . 0 0 N11°12' 4 3 " E 9 5 . 0 0 S11°12'4 3 " W 9 5 . 0 0 N11°12' 4 3 " E 9 3 . 8 6 S02°43'53"E 95.00N02°43'53"W 95.00S16°15'38"E 93.56N16°15'38"W 95.00S31°21'25"E 92.222.011.443.94N31°21'25"W 95.00S31°21'25"E 95.00N31°21'25"W 95.00S31°21'25"E 95.00N31°21'25"W 95.00S24°52'34"E 95.00N24°52'34"W 95.00S14°46'10"E 95.00N14°46'10"W 95.00S00°22'35"W 95.00 N00°22'35"E 95.00 N89°37'25"W50.00S89°37'25"E50.00N75°13'50"E50.00N65°07'26"E50.00N58°38 '35 "E50.00N58°38 '35 "E50.00N58°38 '35 "E50.00N73°44'22"E50.00N87°16'07"E50.00S78°47'17"E50.00S78°47'17"E50.00S78°47'17"E50.00S78°47'17"E50.00S78°47'17"E50.00N78°47'17"W50.00N78°47'17"W50.00N78°47'17"W50.00N78°47'17"W50.00N79°43'19"W49.52S87°16'07"W50.00N73°41'36"E49.66S59°50 '50 "W48.98S58°38 '35 "W50.00S58°38 '35 "W50.00S65°07'26"W50.00S75°13'50"W50.00244.26∆=42°34'07"L=237.75122.69∆=31°43'59"L=155.0830.31135.24259.80∆=42°34'07"L=282.33122.69∆=31°43'59"L=121.8530.31134.95N82°45'55"W60.00N78°47'17"W60.00N78°47'17"W60.00N78°47'17"W60.00N78°47'17"W60.00N81°04'39"W60.00S89°46'28"W60.00S80°37'50"W60.00S71°29'34"W60.00S58°38 '35 "W60.00S58°38 '35 "W60.00N89°37'25"W60.00N89°37'25"W51.43N31°21'25"W16.29S58°38 '35 "W60.00S58°38 '35 "W60.00S62°21 '12 "W60.00S71°29'34"W60.00S80°37'50"W60.00S89°46'28"W60.00N81°04'39"W60.00N78°47'17"W60.00N78°47'17"W60.00N78°47'17"W60.00N78°47'17"W60.00N82°45'55"W60.00N07°14'05"E 95.00N07°14'05"E 95.00N11°12'43"E 95.00N11°12'43"E 95.00N11°12'43"E 95.00N11°12'43"E 95.00N11°12'43"E 95.00N11°12'43"E 95.00N11°12'43"E 95.00 N11°12' 4 3 " E 9 5 . 0 0 N08°55'21" E 9 5 . 0 0 N08°55'21 " E 9 5 . 0 0 N00°13'32"W 95.00 N00°13'32"W 95.00 N09°22'10"W 95.00N09°22'10"W 95.00N18°30'26"W 95.00N18°30'26"W 95.00N27°38'48"W 95.00N27°38'48"W 95.00N31°21'25"W 95.00N31°21'25"W 95.00N31°21'25"W 95.00N31°21'25"W 95.00N00°22'35"E 81.15 N00°22'35"E 95.00S77°12'44"E3.84S79°12'18"E4.50S78°47'17"E4.50S78°47'17"E4.50S85°39'05"E18.35N85°12'09"E18.31N76°03'42"E18.25N66°55'23"E18.27N5 3 ° 3 1 ' 1 1 " E 1 0 . 2 4 N59°32 '25 "E4.50S53°06'18"E31.11N32°54'19"E5.55S72°56'29"E7.92S18°28'50"E16.1344.1257.0646.03 44.56Drainage &Utility EasementDrainage &Utility EasementDrainage & Utility Easementover all of Lot 14, Block 2Drainage & UtilityEasement over allof Lot 14, Block 3S62°21 '12 "W60.000306090Sheet 3 of 3 SheetsCEDAR HILLS 6TH ADDITIONScale in FeetScale: 1 Inch = 30 FeetFOUND MONUMENT WITH CAP #53596OR AS NOTED ON SURVEYSET 1/2" BY 14" IRON PIPE WITH CAP #43055INSET B(From Sheet 1 of 3 Sheets)THE NORTH LINE OF OUTLOT A, CEDAR HILLS 5THADDITION, IS ASSUMED TO BEAR S 89°57'15" WPage 195 of 254 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 November 14, 2023 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: CEDAR HILLS 6TH ADDITION The Dakota County Plat Commission met on November 8, 2023, to consider the preliminary plat of the above referenced plat. The plat is adjacent to County Road 64 (200th St. W.) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The preliminary plat is a replat of three outlots from CEDAR HILLS 3RD ADDITION, which includes a detached townhome development. The right-of-way needs are 50 feet of half right of way along County Road 64 (200th Street West), which have been met. Restricted access symbols should be shown along all of CR 64 per document number 3587635. The Plat Commission has approved the preliminary and final plat and will recommend approval to the County Board of Commissioners meeting on November 28, 2023. Traffic volumes on CR 64 are 2,421 ADT and are anticipated to be 5,500 ADT by the year 2040. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. 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 Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission Page 196 of 254 City of Lakeville Public Works – Engineering Division Memorandum To: Kris Jenson, Planning Manager 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: January 24, 2024 Subject: Cedar Hills 6th Addition • Final Plat Review • Final Grading and Erosion Control Plan Review • Utility Plan Review BBAACCKKGGRROOUUNNDD U.S. Home, LLC (DBA Lennar) has submitted a final plat named Cedar Hills 6th Addition. This is the sixth and final phase of the Cedar Hills preliminary plat approved by the City Council on April 6, 2020 and revised July 20, 2020. The proposed subdivision is located east of Cedar Avenue (CSAH 23), north of 205th Street and south of and adjacent to 200th Street (CR 64). The parent parcels consist of Outlot N, Cedar Hills 3rd Addition and Outlot A, Cedar Hills 5th Addition and are zoned RM-1 (Medium Density Residential). The final plat consists of forty-one (41) detached townhome lots within three (3) blocks on 9.85 acres. The proposed development will be completed by: Developer: U.S. Home, LLC (DBA Lennar) Engineer/Surveyor: Westwood Professional Services, Inc. Page 197 of 254 CCEEDDAARR HHIILLLLSS 66TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJAANNUUAARRYY 2244,, 22002244 PPAAGGEE 22 OOFF 88 SSIITTEE CCOONNDDIITTIIOONNSS The Cedar Hills 6th Addition site is vacant. The site was initially graded with previous additions of the Cedar Hills preliminary plat beginning in July 2020 through issuance of a grading permit following preliminary plat approval. EENNVVIIRROONNMMEENNTTAALL AASSSSEESSSSMMEENNTT WWOORRKKSSHHEEEETT ((EEAAWW)) An environmental assessment worksheet (EAW) was prepared consistent with Environmental Quality Board (EQB) requirements and Minnesota Rules 4410. The Developer addressed the comments identified in the EAW review process. A Negative Declaration on the EAW was adopted by the City Council on January 6, 2020. EEAASSEEMMEENNTTSS The following private easement exists north of and adjacent to the parent parcels and will remain with the final plat: • Transmission Line Easement, per Document No. 1662414 The parent parcels contain the following temporary easements that expire with the final plat: • Document Nos. 3542280 and 3587636 SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT 200th Street (CR 64) Cedar Hills 6th Addition is located south of and adjacent to 200th Street, a Dakota County highway classified as a major collector. The 2022 Dakota County Plat Needs Map (rev. 10-27- 22) identifies a half right-of-way need of 50 feet. The necessary right-of-way was dedicated with the Cedar Hills plat. The Dakota County Plat Commission recommended approval of the final plat on November 8, 2023. 200th Street is a two-lane undivided rural highway. No additional right-of-way is required, and no construction improvements are proposed with Cedar Hills 6th Addition. 201st Street Development of Cedar Hills 6th Addition includes the extension of 201st Street, a City roadway classified as a local road. 201st Street is designed as a 32-foot-wide urban roadway with a five- foot wide concrete sidewalk along one side, within a 60-foot-wide right-of-way. The Developer shall construct a temporary paved cul-de-sac and install a future street extension sign and barricades at the east end for future extension. The cul-de-sac shall be constructed within a temporary easement to be recorded with the Cedar Hills 6th Addition plat. The Page 198 of 254 CCEEDDAARR HHIILLLLSS 66TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJAANNUUAARRYY 2244,, 22002244 PPAAGGEE 33 OOFF 88 Developer shall provide a $5,000 escrow for the future removal and restoration of the temporary cul-de-sac with the final plat. The Developer is dedicating the necessary right-of- way as shown on the final plat. Gaines Court Development of Cedar Hills 6th Addition includes the construction of Gaines Court, a City roadway classified as a local road. Gaines Court is designed as a 32-foot-wide urban roadway and cul-de-sac roadway within a 60-foot-wide right-of-way. The Developer is dedicating the necessary right-of-way as shown on the final plat. CCOONNSSTTRRUUCCTTIIOONN AACCCC EESSSS Construction traffic access and egress for grading, utility and street construction will be from 200th Street via Cedar Avenue. Access to existing adjacent local roadways shall be limited as much as feasible for the development construction. PPAARRKKSS,, TTRRAAIILLSS,, AANNDD SSII DDEEWWAALLKKSS The City’s Parks, Trails and Open Space Plan designates a future neighborhood park at the southeast corner of the Cedar Hills preliminary plat, extending from the existing park in Spyglass (Outlot G, Cedar Hills 3rd Addition). The Park Dedication requirement was satisfied through land dedication and cash contributions with previous additions of the Cedar Hills preliminary plat. No additional land dedication or cash contributions is required. Development of Cedar Hills 6th Addition includes the construction of public sidewalks. Five- foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets except for cul-de-sac roadways. UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Cedar Hills 6th Addition is located within subdistricts FO-60050 and FO-60100 of the Farmington Outlet sanitary sewer district. Wastewater will be conveyed through City sanitary sewer to MCES interceptors. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. Development of Cedar Hills 6th Addition includes construction of public sanitary sewer. Sanitary sewer and services were installed within Gaines Court with Cedar Hills 3rd Addition. 8- inch sanitary sewer will be constructed within the subdivision and connect to an existing stub within 201st Street, east of the Gabardine Lane intersection. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid with the final plat. The fee is based on the rate in effect at the time of final plat approval, and calculated as follows: Page 199 of 254 CCEEDDAARR HHIILLLLSS 66TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJAANNUUAARRYY 2244,, 22002244 PPAAGGEE 44 OOFF 88 41 units x $327.00 = $13,407.00 Total Units Cedar Hills 6th Addition 2024 Unit Rate Sanitary Sewer Availability Charge Cedar Hills 6th Addition WWAATTEERRMMAAIINN Development of Cedar Hills 6th Addition includes construction of public watermain. 8-inch watermain will be extended within the subdivision and connect to existing stubs within a) 201st Street, east of the Gabardine Lane intersection, b) Gaines Court, northeast of the Gallifrey Way intersection, and c) east of the 200th Street/Gallifrey Way intersection to provide water service to the subdivision. OOVVEERRHHEEAADD LLIINNEESS An overhead utility line and utility poles are located along the south side of 200th Street adjacent to the parent parcels. The Developer posted a security with Cedar Hills 3rd Addition and is required to remove the poles and place the utilities underground from Cedar Avenue to the Cedar Hills 3rd Addition east plat boundary, consistent with the City’s Public Ways and Property Ordinance. DDRRAAIINNAAGGEE AANNDD GGRR AADDIINNGG Cedar Hills 6th Addition is located within subdistricts FO-018 and FO-019 of the Farmington Outlet stormwater district. Previous additions of the Cedar Hills preliminary plat included the construction of stormwater management basins to provide water quality treatment and rate control of the stormwater runoff generated from Cedar Hills 6th Addition. The final grading plan shall identify all fill lots in which building footings will be placed on fill material. 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 permits will not be issued until a soils report and an as-built certified grading plan are submitted and approved by City staff. Cedar Hills 6th 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. SSTTOORRMM SSEEWWEERR Development of Cedar Hills 6th Addition includes construction of public storm sewer systems. Storm sewer will be constructed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to public stormwater management basins located with Outlot O and Outlot P, Cedar Hills 3rd Addition. Page 200 of 254 CCEEDDAARR HHIILLLLSS 66TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJAANNUUAARRYY 2244,, 22002244 PPAAGGEE 55 OOFF 88 Draintile construction is required in areas of non-granular soils within Cedar Hills 6th Addition for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and shall be paid with the final plat, calculated as follows: 429,066.00 s.f. x $0.178/s.f. = $76,373.75 Net Area Cedar Hills 6th Addition 2024 Rate (sq ft) Storm Sewer Charge Cedar Hills 6th Addition Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. RREESSIIDDEENNTTIIAALL BBUUFFFFEERR YYAARRDD RREEQQUUIIRREEMMEENNTTSS 200th Street is classified as a major collector roadway; therefore, buffer yard and screening requirements apply to Lots 5 and 6, Block 1. A buffer yard containing earth berms and/or plantings of sufficient density to provide a visual screen and reasonable buffer a minimum of ten feet in height is required. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. FFEEMMAA FFLLOOOO DDPPLLAAII NN AANN AALLYYSSII SS Cedar Hills 6th Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS The wetland replacement plan for the Cedar Hills preliminary plat was approved on February 25, 2020. No additional wetland impacts are proposed with Cedar Hills 6th Addition. The Developer is responsible for the installation of ten Natural Area Signs along wetlands and creek buffers. Final locations must be reviewed by City staff prior to installation. TTRREEEE PPRREESSEERRVVAATT IIOONN Cedar Hills 6th Addition initially graded with previous additions of the Cedar Hills preliminary plat. No additional trees are planned to be removed with this addition. Page 201 of 254 CCEEDDAARR HHIILLLLSS 66TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJAANNUUAARRYY 2244,, 22002244 PPAAGGEE 66 OOFF 88 EERROOSSIIOONN CCOO NNTTRROOLL The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Redundant silt fence is required along all wetlands and waterways that do not have a 50-foot established buffer. The Developer is responsible for the establishment of native vegetation around all stormwater treatment basins and any disturbed or farmed buffer. A management plan including a schedule for maintenance must be submitted to the City for review. 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, calculated as follows: $30,000 x 2% = $600.00 Grading Cost Cedar Hills 6th Addition 2024 Rate MS4 Administration Fee Cedar Hills 6th Addition SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Cedar Hills 6th Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on November 3, 2023. CONSTRUCTION COSTS Sanitary Sewer $210,955.30 Watermain 223,638.00 Storm Sewer 252,011.00 Street Construction 351,437.35 Erosion Control, Stormwater Basins, Restoration, Native Vegetation Establishment in Outlots, Grading and Grading Certification 30,000.00 SUBTOTAL - CONSTRUCTION COSTS $1,068,041.65 OTHER COSTS Developer’s Design (3.0%) $ 32,041.25 Developer’s Construction Survey (2.5%) 26,701.04 City’s Legal Expense (0.5%) 5,340.21 City Construction Observation (5.0%) 53,402.08 Developer’s Record Drawing (0.5%) 5,340.21 Natural Area Signs 1,500.00 Landscaping 61,217.10 Page 202 of 254 CCEEDDAARR HHIILLLLSS 66TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJAANNUUAARRYY 2244,, 22002244 PPAAGGEE 77 OOFF 88 Streetlights 6,000.00 Lot Corners/Iron Monuments 4,400.00 SUBTOTAL - OTHER COSTS $195,941.89 TOTAL PROJECT SECURITY $1,263,983.54 The streetlight security is $6,000 which consists of five post-top streetlights at $1,200 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $4,400.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street, and utility construction. CCAASSHH FFEEEESS A cash fee of $900.00 for traffic control signs is due with Cedar Hills 6th Addition. If street signs are installed during frost conditions, the Developer shall pay an additional $150.00 for each street sign location. A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 41 units x $40.48/unit = $1,659.68 Total Units Cedar Hills 6th Addition 2024 Rate Streetlight Operating Fee Cedar Hills 6th Addition A cash fee for one-year of environmental resources expenses shall be paid at the time of final plat approval and is calculated as follows: 41 units x $59.16/unit = $2,425.56 Total Units Cedar Hills 6th Addition 2024 Rate Environmental Resources Fee Cedar Hills 6th Addition A cash fee for the preparation of addressing, property data, City base map updating shall be paid at the time of final plat approval and is calculated as follows: 44 lots x $90.00/unit = $3,960.00 Lots/Outlots Cedar Hills 6th Addition 2024 Rate Property Data & Asset/Infrastructure Mgmt Fee Cedar Hills 6th Addition The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. Page 203 of 254 CCEEDDAARR HHIILLLLSS 66TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT JJAANNUUAARRYY 2244,, 22002244 PPAAGGEE 88 OOFF 88 The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration is based on three percent (3.00%) of the estimated construction cost, or $32,041.25. CASH REQUIREMENTS Sanitary Sewer Availability Charge $13,407.00 Storm Sewer Area Charge 76,373.75 MS4 Administration Fee 201st Street Temporary Cul-De-Sac Removal/Restoration 600.00 5,000.00 Traffic Control Signs 900.00 Streetlight Operating Fee 1,659.68 Environmental Resources Management Fee 2,425.56 Property Data & Asset/Infrastructure Mgmt Fee 3,960.00 City Engineering Administration (3.00%) 32,041.25 TOTAL CASH REQUIREMENTS $136,367.24 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the final plat, final grading plan/erosion control plan and final utility plan for Cedar Hills 6th Addition, subject to the requirements and stipulations within this report. Page 204 of 254 Date: 2/5/2024 Voyageur Farms 3rd Addition final plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Voyageur Farms 3rd Addition final plat. Overview U.S. Home, LLC, d/b/a Lennar, has submitted a final plat application for 90 detached townhome lots to be known as Voyageur Farms 3rd Addition, located east of Cedar Avenue (CSAH 23) and north of the future extension of 185th Street (future CSAH 60). The Voyageur Farms 3rd Addition final plat is consistent with the Voyageur Farms preliminary plat approved by the City Council on June 6, 2022, which included 154 detached townhome lots and is the final phase of development. The Voyager Farms final plat of 32 detached townhome lots was approved by the City Council on September 19, 2022 and the Voyageur Farms 2nd Addition final plat of 32 detached townhomes was approved by the City Council on February 6, 2023. Supporting Information 1. Final Plat Resolution 2. Development Contract 3. January 19, 2024 Planning and Engineering reports Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 205 of 254 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-__ RESOLUTION APPROVING THE FINAL PLAT OF VOYAGEUR FARMS 3RD ADDITION WHEREAS, the owner of the property described as VOYAGEUR FARMS 3RD ADDITION has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the preliminary plat; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. VOYAGEUR FARMS 3RD ADDITION final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. Page 206 of 254 2 ADOPTED by the Lakeville City Council this 5th day of February, 2024. CITY OF LAKEVILLE Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) COUNTY OF DAKOTA ) I hereby certify that the foregoing Resolution No. _________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 5th day of February 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 207 of 254 1 229616v4 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) VOYAGEUR FARMS 3RD ADDITION CONTRACT dated ____________________, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and U.S. HOME, LLC, a Delaware limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for VOYAGEUR FARMS 3RD ADDITION (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlot A, Voyageur Farms 2nd Addition, Dakota County, Minnesota, according to the recorded plat thereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. Page 208 of 254 2 229616v4 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. Page 209 of 254 3 229616v4 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls Page 210 of 254 4 229616v4 The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: Page 211 of 254 5 229616v4 A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2024, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional Page 212 of 254 6 229616v4 erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. The Developer is responsible for obtaining a MPCA Construction Permit. Changes made throughout construction must be documented in the SWPPP. Redundant silt fence is required along all wetlands and waterways that do not have a 50-foot established buffer. 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 parcel and must be paid by the Developer with the final plat, calculated as follows: $28,991.25 X 2% = $579.83 Grading Security MS4 Admin Fee Total 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except Page 213 of 254 7 229616v4 three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. Development of the first phase of Voyageur Farms included construction of a publicly owned and maintained stormwater management basin in Outlot B, Voyageur Farms to collect and treat stormwater Page 214 of 254 8 229616v4 runoff generated from the site and future 185th Street. The basin outlets north into a VRWJPO water corridor. A second, smaller stormwater management basin was graded in Outlot C, Voyageur Farms with the first phase but stormwater was not directed to this basin with previously constructed additions. Voyageur Farms 3rd Addition includes construction of the outlet for the stormwater management basin in Outlot C, Voyageur Farms which connects into existing storm sewer within the development and ultimately outlets to the existing stormwater management basin located in Outlot B, Voyageur Farms. The stormwater management design is consistent with the City’s stormwater management ordinance. Voyageur Farms 3rd 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. The Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer Page 215 of 254 9 229616v4 shall pay for construction observation and as-built record drawing preparation performed by the City’s in- house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction cost. 19. STORM SEWER. The Developer shall install public storm sewer systems within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to public stormwater management basins located within Outlot B and Outlot C, Voyageur Farms. Draintile construction is required in areas of non-granular soils within Voyageur Farms 3rd Addition for street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer’s responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be paid by the Developer with the final plat, calculated as follows: Trunk Storm Sewer Area Charge Summary Gross Area of Voyageur Farms 3rd Addition 1,048,087.00 s.f. Less Area of Outlots A & B (Park and Basins) (-) 106,768.00 s.f. Total = 941,319.00 s.f. 941,319.00 s.f. x $0.178/s.f. = $167,554.78 Net Area of Voyageur Farms 3rd Addition Single Family Area Charge Total Trunk Storm Sewer Area Charge Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. The Developer shall construct and extend 8-inch sanitary sewer within the subdivision connecting from stubs installed with previous additions of the Voyageur Farms preliminary plat. Page 216 of 254 10 229616v4 The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid by the Developer with the final plat, calculated as follows: 90 units x $327.00 = $29,430.00 Total Units 2024 Sanitary Sewer Availability Charge Per Unit Sanitary Sewer Availability Charge required 21. WATERMAIN. The Developer shall construct 12-inch trunk watermain from a stub at the intersection of Glamis Lane and 184th Street. The Developer shall extend the 12-inch watermain within the subdivision to the east plat boundary and connect to the existing 12-inch watermain stubbed from Glacier Creek. The City will reimburse the Developer’s cash fees in the amount of $35,383.00 for the oversizing of the watermain. The Developer shall extend 8-inch watermain along the remaining streets to provide a looped system for the development. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction will be from 184th Street by way of Glamis Lane. Construction access will not be permitted via the Glacier Creek development to the east nor the existing 183rd Street connection to Cedar Avenue from the west. 23. PARKS, TRAILS, AND SIDEWALKS. The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a combination of land dedication and a cash contribution by the Developer. The total park area required with the Voyageur Farms preliminary plat is 6.59 acres, which is calculated as 12% of the net area of the property (excluding arterial right-of-way and wetlands to remain) estimated as follows: Gross Area of Preliminary Plat 62.32 Acres Less 185th Street Right-of-way Less Cedar Avenue Right-of-way Less wetlands to remain Total Buildable Area 1.61 3.73 2.07 54.91 Acres Acres Acres Acres Land Dedication Requirement (12%) 6.59 Acres The total park area to be dedicated within the Voyageur Farms preliminary plat is 2.11 acres. At the time of recording the final plat, Developer shall convey to the City Outlot A, free and clear of any encumbrances, which will satisfy 32.02% or 49.31 lots of the required park dedication for the preliminary Page 217 of 254 11 229616v4 plat. The park dedication requirement for the remaining 67.98% or 104.69 lots shall be paid in cash by the Developer with the future phase final plats. Only areas outside of wetlands, wetland buffers, VRWJPO corridors and buffers, stormwater basins, and arterial road right-of-way is credited or compensated for park dedication purposes. Previous additions of the Voyageur Farms preliminary plat satisfied the cash fee payment of 64 of the required 104.69 lots. The final park dedication fee on the remaining 40.69 lots for Voyageur Farms 3rd Addition is calculated below. The Developer shall pay Park Dedication fees for Voyageur Farms 3rd Addition as follows: 40.69 lots x $5,774.00 = $234,944.06 Remaining Lots to be Paid in Lieu of Dedicated Park Land with Final Plat 2024 Park Dedication Fee (Low Density) Park Dedication Required with Final Plat The Developer shall rough grade the park site (Outlot A) per the approved grading plans. The material from the park area, however, may not be used as borrow for grading purposes (soil material must be suitable for fill, vegetation, drainage, etc.). The Developer shall install five foot-wide concrete sidewalks with pedestrian curb ramps along one side of all local streets. The Developer shall construct a ten-foot wide bituminous trail along Outlot A as shown on the plans from 183rd Street to the existing trail. 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a $3,300.00 cash fee for traffic control signs which is due with Voyageur Farms 3rd Addition. If the street signs are installed during frost conditions, the Developer shall pay an additional $150.00 for each street sign location. The Developer shall pay a cash fee for one-year of streetlight operating expenses at the time of final plat approval, calculated as follows: 90 units x $40.48/unit = $3,643.20 Dwelling Units Streetlight Operating Fee Total 25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for one-year of environmental resources management expenses at the time of final plat approval, calculated as follows: Page 218 of 254 12 229616v4 90 units x $59.16/unit = $5,324.40 Dwelling Units Environmental Resources Management Fee Total 26. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $152,045.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall, measured from the top of the ball or container to the bottom of the evergreen leader. The trees may not be planted in the right-of-way. The Developer shall sod the boulevard and provide ground cover for the remainder of the lots. If the landscaping is not completed in a timely manner, the City may, upon ten (10) days written notice, enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. 27. BUFFER YARD BERM/LANDSCAPE SCREEN. The Developer shall provide a buffer yard containing earth berms and/or plantings within Lot 13, Block 4, along the 185th Street right-of-way. The landscape plan approved with the preliminary plat shows a mix of evergreen and over-story trees as well as shrubs to fill in the gaps of the required buffer yard. The Developer shall install sod to the property line along 185th Street. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the January 19, 2024, Planning Report, and the January 19, 2024, Engineering Report. Page 219 of 254 13 229616v4 B. Before the City signs the final plat, the Developer shall convey Outlots A and B to the City by warranty deed, free and clear of any and all encumbrances. C. The Developer shall construct five-foot-wide concrete sidewalks along one side of all streets, at the Developer’s expense, as shown on the approved final plat plans. D. The Developer shall submit Homeowners Association documents establishing a homeowners association for the ownership and maintenance of the following lots at the time of final plat approval, subject to review and approval of City staff and the City Attorney: • Lot 4, Block 1 • Lot 23, Block 2 • Lot 18, Block 3 • Lot 13, Block 4 • Lot 21, Block 5 • Lot 17, Block 6 E. The Developer shall contribute $39,758.33 to extend 185th Street east in the future. This represents ½ the cost (north side) of extension of the local road to an approximate intersection of the north side of the 185th Street right-of-way with the southern development border. F. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $9,800.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 98 lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. G. The Developer shall pay a cash fee for the preparation of addressing, property data, and City base map updating. This fee is $90.00 per lot/outlot for a total charge of $8,820.00. Page 220 of 254 14 229616v4 H. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $18,000.00 and consists of fifteen (15) post-top street lights at $1,200.00 each. I. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 29. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank ("security") for $2,071,303.91. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $294,153.85 B. Watermain 434,126.00 C. Storm Sewer 255,053.00 D. Streets 684,051.60 E. Erosion Control/Restoration, Est. of Native Vegetation around Basins/Buffers 28,991.25 CONSTRUCTION SUB-TOTAL $1,696,375.70 OTHER COSTS: A. Developer’s Design (3.0%) $50,891.27 B. Developer’s Construction Survey (2.5%) 42,409.39 C. City Legal Expenses (Est. 0.5%) 8,481.88 D. City Construction Observation (Est. 5.0%) 84,818.79 E. City Record Drawings (0.5%) 8,481.88 F. Landscaping 152,045.00 G. Street Lights 18,000.00 H. Lot Corners/Iron Monuments 9,800.00 OTHER COSTS SUB-TOTAL $374,928.21 Page 221 of 254 15 229616v4 TOTAL SECURITIES: $2,071,303.91 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. 185th Street and Trail Escrow $39,758.33 B. Park Dedication 234,944.06 C. Sanitary Sewer Availability Charge 29,430.00 D. Trunk Storm Sewer Area Charge 167,554.78 E. MS4 Administration Fee 579.83 F. Traffic Control Signs 3,300.00 G. Street Light Operating Fee 3,643.20 H. Environmental Resources Expenses 5,324.40 I. City Base Map Updating 8,820.00 J. City Engineering Administration (3% for letters of credit) 50,891.27 TOTAL CASH REQUIREMENTS $544,245.87 Page 222 of 254 16 229616v4 CREDITS TO THE CASH REQUIREMENTS Watermain Oversizing (Trunk Water) $35,383.00 SUBTOTAL – CREDITS TO CASH REQUIREMENTS $35,383.00 TOTAL CASH REQUIREMENTS $508,862.87 31. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 32. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. Page 223 of 254 17 229616v4 C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to City or MCES sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 33. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. FORCE MAJEURE. If Developer is delayed at any time in progress of the plat by acts of God, casualty, insurrection, strikes, war, terrorism, lockouts, pandemic, governmental order (including health orders), labor disputes, adverse weather conditions which could not reasonably be anticipated, or any causes, acts, or occurrences beyond Developer’s control (financial inability excluded) (collectively, Page 224 of 254 18 229616v4 “Force Majeure Items”), then the commencement date and completion dates (without adjustment to the Development Contract sums) shall be extended for such reasonable time as the Force Majeure Items continue. 35. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except three (3) model homes on lots acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is Page 225 of 254 19 229616v4 issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including Page 226 of 254 20 229616v4 workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty Page 227 of 254 21 229616v4 (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with Page 228 of 254 22 229616v4 the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 16305 36th Avenue North, Suite 600, Plymouth, Minnesota 55446. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [Remainder of page is intentionally left blank. Signature pages to follow.] Page 229 of 254 23 229616v4 CITY OF LAKEVILLE BY: ___________________________________________ Luke M. Hellier, Mayor (SEAL) AND __________________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC Page 230 of 254 Page 231 of 254 1 City of Lakeville Community Development Department Memorandum To: Tina Goodroad, Community Development Director From: Kris Jenson, Planning Manager Date: January 19, 2023 Subject: Voyageur Farms 3rd Addition Final Plat Application Action Deadline: March 27, 2024 (extended from January 27, 2024) INTRODUCTION U.S. Home, LLC, d/b/a Lennar, has submitted an application and plans for the final plat of Voyageur Farms 3rd Addition, which includes 90 detached townhome lots located east of Cedar Avenue (CSAH 23) and north of the future extension of 185th Street (future CSAH 60). This is the third and final phase of the preliminary plat of 154 detached townhome lots that was approved by the City Council on June 6, 2022. The Voyageur Farms final plat of 32 detached townhome lots was approved by the City Council on September 19, 2022 and the Voyageur Farms 2nd Addition final plat of 32 detached townhome units was approved by the City Council on February 6, 2023. The lot, block and street design of the Voyageur Farms 3rd Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Aerial Photo Map B. Approved Preliminary Plat C. Final Plat D. Plat Commission Letter PLANNING A NALYSIS Existing Conditions. The Voyageur Farms 3rd Addition final plat area consists of one parcel – Outlot A, Voyageur Farms 2nd Addition. Previously the site was used for a homesite and farming and preliminary grading has been completed on site. Page 232 of 254 2 Zoning. The zoning of the parent parcel is RST-2, Single and Two-Family Residential District. Detached townhomes are a permitted use in the district. Development Density. The Voyageur Farms 3rd Addition final plat consists of 90 detached townhome lots on 24.06 acres for a gross density of 3.74 units per acre. Removing the outlots leaves 21.61 acres to be developed, resulting in a net density of 4.16 units per acre. Setbacks. Setback requirements for detached townhome lots in the RST-2 District are outlined below: Base Lot Between Buildings (Detached Units) Front Yard (to ROW) Buffer Yard RST-2 30 feet 14 feet 20 feet (front) 25 feet (garage) 50 feet The proposed unit lots meet the minimum setback requirements of the RST-2 District. Outlots. There are two outlots proposed with the Voyageur Farms 3rd Addition final plat. Outlot A is 2.11 acres in area and will be deeded to the City for park purposes. Outlot B is 0.34 acres in area and will be deeded to the City for stormwater treatment purposes. Homeowner’s Association. The Developer must provide documentation that the following lots will be owned and maintained by a homeowner’s association, prior to the recording of the final plat. • Lot 4, Block 1 • Lot 23, Block 2 • Lot 18, Block 3 • Lot 13, Block 4 • Lot 21, Block 5 • Lot 17, Block 6 Access. Voyageur Farms 3rd Addition will have access from 185th Street at Glamis Lane. Streets & Right-of-Way. Voyageur Farms 3rd Addition is adjacent to or will include the construction of the following streets. See the January 19, 2024 Engineering memo for additional information. 185th Street (Future CSAH 60) is located along the south plat boundary, west of the intersection with Glamis Lane, where a full access intersection for the Voyageur Farms development will be provided. 183rd Street/Gladiator Drive will be a 32-foot-wide street within a 60-foot wide right of way with a sidewalk on one side of the street. 183rd Street will become Gladiator Drive as it turns south, Page 233 of 254 3 ending at 184th Street. The temporary cul-de-sac at the east end of 183rd Street will be removed in conjunction with the extension of 183rd Street/Gladiator Drive. 184th Street will be a 32-foot-wide street within a 60-foot wide right of way with a sidewalk on the north side of the street. It will be extended from its current terminus at Glamis Lane and connect with the existing 184th Street in the Glacier Creek development to the east. Glancy Way will be a 32-foot-wide local street within a 60-foot-wide right of way with a sidewalk on one side of the street that extends between Gladiator Drive and 184th Street. Gladhurst Lane will be a 32-foot-wide street within a 60-foot wide right of way with a sidewalk on one side of the street that runs between Glancy Way and 184th Street. Sidewalks/Trails. The Developer will construct five-foot-wide sidewalks along one side of all streets, as shown on the approved final plat plans. See the January 19, 2024 Engineering memo for additional information. Buffer Yard and Site Landscaping. Buffer yard landscaping is required within Lot 13, Block 4, along the 185th Street right-of-way. The landscape plan approved with the preliminary plat shows a mix of evergreen and overstory trees as well as shrubs to fill in the gaps of the required buffer yard. The buffer yard must also be sodded to the property line along 185th Street. A security of $152,045.00 must be submitted with the final plat for the buffer yard and site landscaping. HOA Declarations. The following lots must be owned and maintained by the Voyageur Farms HOA: • Lot 4, Block 1 • Lot 23, Block 2 • Lot 18, Block 3 • Lot 13, Block 4 • Lot 21, Block 5 • Lot 17, Block 6 Park Dedication. A cash contribution of $234,944.06 is required with the final plat to satisfy the Park Dedication requirement for Voyageur Farms 3rd Addition. Please see the January 19, 2024 engineering report for more details. Tree Preservation. There were 171 significant trees within the Voyageur Farms plat boundary, with 34 (21.3%) proposed to be saved. No additional tree removal is proposed with this phase of development. Wetlands. A wetland delineation was completed for this site. The plan identified 5,396 square feet of wetland impacts and a wetland replacement plan was submitted and approved on July 26, 2022. See the January 19, 2024 Engineering memo for additional information. Page 234 of 254 4 Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Grading, drainage and erosion control is discussed in more detail in the January 19, 2024 engineering report. Plat Commission. The Dakota County Plat Commission reviewed and approved the final plat at their November 8, 2023 meeting. The Plat Commission letter is included as Exhibit D. RECOMMENDATION The Voyageur Farms 3rd Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Community Development Department staff recommends approval of the Voyageur Farms 3rd Addition final plat subject to the following conditions: 1. The recommendations listed in the January 19, 2024 engineering report. 2. Five-foot-wide concrete sidewalks shall be constructed along one side of all streets, at the developer’s expense, as shown on the approved final plat plans. 3. The developer shall pay $234,944.06 in park dedication fees with the final plat. 4. Landscaping shall be installed consistent with the approved landscape plan. A security of $152,045 is required to be submitted with the final plat for buffer yard and site landscaping. 5. The buffer yard landscape area within Lot 13, Block 4 must be sodded to the property line along 185th Street. 6. A homeowner’s association must be established for ownership and maintenance of the following lots: • Lot 4, Block 1 • Lot 23, Block 2 • Lot 18, Block 3 • Lot 13, Block 4 • Lot 21, Block 5 • Lot 17, Block 6 Page 235 of 254 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community City of Lakeville Site Location Map Voyageur Farms 3rd Addition Final Plat EXHIBIT A 181ST ST GLACIER WAY181ST ST CEDAR AVE (CSAH 23)183RD ST 183RD ST 185TH ST 184TH ST Voyageur Farms 3rd Addition Final Plat area Page 236 of 254 TRACT A:That part of the Westerly 1,650.35 feet of the Northwest Quarter of Section15, Township 114, Range 20, Dakota County, Minnesota lying Southerly of theNorth 1,013.61 feet thereof.TRACT B:That part of the said Northwest Quarter lying Southerly of the North 1,031.61feet thereof of the following described parcel:Beginning at the Southeast corner of the West 1,650.35 feet of saidNorthwest Quarter (hereinafter the "point of beginning"); thence proceedingNorth on the East line of said West 1,650.35 feet of said Northwest Quarter adistance of 1,846.86 feet; thence proceeding Southeasterly to a point on theSouth line of said Northwest Quarter lying 31.94 feet East of the point ofbeginning; thence proceeding West along said South line of said NorthwestQuarter a distance of 31.94 feet to the point of beginning.PROPERTY DESCRIPTION2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306 PHONE: 952.890.6044 www.jrhinc.com PLANNERS / ENGINEERS / SURVEYORS VOYAGEUR FARMS LAKEVILLE, MINNESOTA PRELIMINARY PLAT FOR LENNAR'RAWN BY'ATEREVISIONSPLM12/3/2021CA' FILE23588pp.dwgPRO-ECT NO.235882.0James R. Hill, Inc. 16305 36TH AVE N #400, PLYMOUTH, MN 55446*DRAINAGE AND UTILITY SHALL BE DEDICATED OVER ALL COMMON LOTS*(LOT 16, BLOCK 1; LOT 24, BLOCK 2; LOT 48, BLOCK 3; LOT 22, BLOCK 4;LOT 21, BLOCK 5; LOT 17, BLOCK 6; LOT 13, BLOCK 7)A. 1/5/22: City commentsEXHIBIT BPage 237 of 254 BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT A,VOYAGEUR FARMS 2ND ADDITION WHICH IS ASSUMEDTO HAVE A BEARING OF S 01°52'17" EVICINITY MAPDENOTES FOUND 1/2 INCH IRON MONUMENTWITH CAP MARKED L.S. NO. 47481KNOW ALL PERSONS BY THESE PRESENTS: That DRP MN 1, LLC, a Delaware limited liability company, owner ofthe following described property:Outlot A, VOYAGEUR FARMS 2ND ADDITION, according to the recorded plat thereof, Dakota County,MinnesotaHas caused the same to be surveyed and platted as VOYAGEUR FARMS 3RD ADDITION and does hereby dedicateto the public for public use the public ways and the drainage and utility easements as created on this plat.In witness whereof said DRP MN 1, LLC, a Delaware limited liability company, has caused these presents to besigned by its proper officer this day of , 20 .DRP MN 1, LLCBy: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20,by , the of DRP MN 1, LLC, aDelaware limited liability company, on behalf of the company.SignaturePrinted Name County, My commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that Iam a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of theboundary survey; that all mathematical data and labels are correctly designated on this plat; that all monumentsdepicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands,as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeledon this plat; and all public ways are shown and labeled on this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of , 20 ,by Marcus F. Hampton.SignaturePrinted Name County, My commission expires January 31,CITY COUNCIL, CITY OF LAKEVILLE, COUNTY OF DAKOTA, STATE OF MINNESOTAThis plat of VOYAGEUR FARMS 3RD ADDITION was approved and accepted by the City Council of the City ofLakeville, Minnesota at a regular meeting thereof held this day of , 20 ,and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has beenreviewed and approved this day of , 20 .By: Todd B. Tollefson, Dakota County SurveyorCOUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTAWe do hereby certify that on the 28th day of Novemeber, 2023, the Board of Commissioners of Dakota County,Minnesota, approved this plat of VOYAGEUR FARMS 3RD ADDITION and said plat is in compliance with theprovisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to the Dakota County Contiguous PlatOrdinance.By: ___________________________________ Attest: ___________________________________Chair, Dakota County Board Dakota County Treasurer - AuditorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the landhereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are nodelinquent taxes and transfer entered this day of , 20 .By: Amy A. Koethe, Director, Department Of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of VOYAGEUR FARMS 3RD ADDITION was filed in the office of the County Recorderfor public record on this day of , 20 , at o'clock . M. and was dulyfiled in Book of Plats, Page , as Document Number .By: Amy A. Koethe, County RecorderNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY L.S. NO. 47481.DENOTES RESTRICTED ACCESS TO DAKOTACOUNTY PER THE DAKOTA COUNTYCONTIGUOUS PLAT ORDINANCEEXHIBIT CPage 238 of 254 BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT A,VOYAGEUR FARMS 2ND ADDITION WHICH IS ASSUMEDTO HAVE A BEARING OF S 01°52'17" EDENOTES FOUND 1/2 INCH IRON MONUMENTWITH CAP MARKED L.S. NO. 47481NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY L.S. NO. 47481.Page 239 of 254 BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT A,VOYAGEUR FARMS 2ND ADDITION WHICH IS ASSUMEDTO HAVE A BEARING OF S 01°52'17" EDENOTES FOUND 1/2 INCH IRON MONUMENTWITH CAP MARKED L.S. NO. 47481NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY L.S. NO. 47481.Page 240 of 254 BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT A,VOYAGEUR FARMS 2ND ADDITION WHICH IS ASSUMEDTO HAVE A BEARING OF S 01°52'17" EDENOTES FOUND 1/2 INCH IRON MONUMENTWITH CAP MARKED L.S. NO. 47481NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY L.S. NO. 47481.DENOTES RESTRICTED ACCESS TO DAKOTACOUNTY PER THE DAKOTA COUNTYCONTIGUOUS PLAT ORDINANCEPage 241 of 254 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 November 14, 2023 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: VOYAGEUR FARMS 3rd ADDITION The Dakota County Plat Commission met on November 8, 2023, to consider the preliminary plat of the above referenced plat. The plat is adjacent to Future County Road 60 (185th St. W.) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The preliminary plat is a replat of Outlot A, VOYAGEUR FARM 2ND ADDITION, which includes a detached townhome development. The right-of-way needs are 75 feet of half right of way along future County Road 60 (185th Street West), which have been met. Restricted access symbols should be along all of future CR 60. A quit claim deed to Dakota County for restricted access is required with the recording of the plat mylars. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners on November 28, 2023. Traffic volumes on future CR 60 are not yet know. Traffic volumes may indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. 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 Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission EXHIBIT D Page 242 of 254 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum To: Zach Johnson, City Engineer From: Kris Keller, Project Engineer Kendra Fallon, Project Engineer Copy: Kris Jenson, Planning Manager Julie Stahl, Finance Director Dave Mathews, Building Official Tina Goodroad, Community Development Director John Hennen, Parks and Recreation Director McKenzie L. Cafferty, Environmental Resources Manager Date: January 19, 2024 Subject: Voyageur Farms 3rd Addition • Final Plat Review • Grading and Erosion Control Plan Review • Tree Preservation Review • Utility Plan Review WSB Project Number – 024334-000 BACKGROUND U.S. Home, LLC d/b/a Lennar has submitted a final plat named Voyageur Farms 3rd Addition. This is the third phase of the Voyageur Farms preliminary plat approved by the City Council on June 6, 2022. The proposed subdivision is located east of and adjacent to Cedar Avenue (CSAH 23) and north of and adjacent to 185th Street (Future CSAH 60). The parent parcel consists of Outlot A, Voyageur Farms 2nd Addition and is zoned RST-2, Single and Two-Family Residential District. The final plat consists of ninety (90) detached townhome lots and six (6) HOA common lots, within six (6) blocks and two (2) outlots on 24.06 acres. The outlots created with the final plat shall be dedicated and deeded to the City and have the following uses: Page 243 of 254 Voyageur Farms 3rd Addition – Final Plat January 19, 2024 Voyager Farms 3rd Addition - Engineering Review Outlot A: Park purposes (2.11 acres) Outlot B: Stormwater management purposes (0.34 acres) The proposed development will be completed by: Developer: U.S. Home, LLC, d/b/a Lennar Engineer/Surveyor: James R. Hill SITE CONDITIONS The Voyageur Farms site consists of undeveloped agricultural land with a Vermillion River Watershed Joint Powers Organization (VRWJPO) Principal Connector water corridor draining from the west to the east along the north portion of the property. The Developer began mass grading the site in July 2022, following the issuance of a grading permit. EASEMENTS A 10’ front easement will be created for Outlot A (future park) along 183rd Street/Gladiator Drive for small utility installations. The following easement exists on the parent parcel and will expire upon recording the final plat: • Temporary Turnaround Easement at east end of 183rd Street per Document No. 3565156 STREET AND SUBDIVISION LAYOUT 184th Street Development of Voyageur Farms 3rd Addition includes the construction 184th Street, a local roadway. The local roadway is designed as a 32-foot-wide urban roadway within a 60-foot-wide right-of-way with a sidewalk along one side of the street. The Developer is dedicating the necessary right-of-way. 184th Street will extend from Glamis Lane east to connect with the existing 184th Street that was constructed with Glacier Creek. 183rd Street and Gladiator Drive Development of Voyageur Farms 3rd Addition includes the construction of Gladiator Drive and 183rd Street, both local roadways. The local roadways are designed as 32-foot-wide urban roadways within a 60-foot-wide right-of-way with a sidewalk along one side of the street. The Developer is dedicating the necessary right-of-way. Page 244 of 254 Voyageur Farms 3rd Addition – Final Plat January 19, 2024 Voyager Farms 3rd Addition - Engineering Review 183rd Street will extend from the east end that was stubbed with Voyageur Farms 1st Addition before turning south and becoming Gladiator Drive which will end at 184th Street. Glancy Way Development of Voyageur Farms 3rd Addition includes the construction of Glancy Way, a local roadway. The local roadway is designed as a 32-foot-wide urban roadway within a 60-foot-wide right-of-way with a sidewalk along one side of the street. The Developer is dedicating the necessary right-of-way. Glancy Way will extend from 184th Street in Voyageur Farms 2nd Addition through the intersection with Gladhurst Lane to Gladiator Drive. Gladhurst Lane Development of Voyageur Farms 3rd Addition includes the construction of Gladhurst Lane, a local roadway. The local roadway is designed as a 32-foot-wide urban roadway with a sidewalk along one side of the street. The Developer is dedicating the necessary right-of-way. Gladhurst Lane will extend from 184th Street in Voyageur Farms 3rd Addition to Glancy Way. The Developer shall contribute $39,758.33 to extending 185th Street east in the future. This represents ½ the cost (north side) of extending a local road to an approximate intersection of the north side of the 185th Street right-of-way with the southern development border (~375’). CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction will be from 184th Street by way of Glamis Lane. Construction access will not be permitted via the Glacier Creek development to the east nor the existing 183rd Street connection to Cedar Avenue from the west. PARKS, TRAILS, AND SIDEWALKS The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a combination of land dedication and a cash contribution. The total park area required with the Voyageur Farms preliminary plat is 6.59 acres, which is calculated as 12% of the net area of the property (excluding arterial right-of-way and wetlands to remain) estimated as follows: Page 245 of 254 Voyageur Farms 3rd Addition – Final Plat January 19, 2024 Voyager Farms 3rd Addition - Engineering Review Gross Area of Preliminary Plat 62.32 Acres Less 185th Street Right-of-way Less Cedar Avenue Right-of-way Less wetlands to remain Total Buildable Area 1.61 3.73 2.07 54.91 Acres Acres Acres Acres Land Dedication Requirement (12%) 6.59 Acres The total park area to be dedicated within the Voyageur Farms preliminary plat is 2.11 acres. This land (Outlot A) will be dedicated to the City with Voyageur Farms 3rd Addition and satisfies 32.02% or 49.31 lots of the required park dedication for the preliminary plat. The park dedication requirement for the remaining 67.98% or 104.69 lots has been required to be paid in cash with the future phase final plats. Only areas outside of wetlands, wetland buffers, VRWJPO corridors and buffers, stormwater basins, and arterial road right-of-way is credited or compensated for park dedication purposes. Previous additions of the Voyageur Farms preliminary plat satisfied the cash fee payment of 64 of the required 104.69 lots. The final park dedication fee on the remaining 40.69 lots for Voyageur Farms 3rd Addition is calculated below. The Developer shall pay Park Dedication fees for Voyageur Farms 3rd Addition as follows: 40.69 lots x $5,774.00 = $234,944.06 Remaining Lots to be Paid in Lieu of Dedicated Park Land with Final Plat 2024 Park Dedication Fee (Low Density) Park Dedication Required with Final Plat The Developer shall rough grade the park site (Outlot A) per the approved grading plans. The material from the park area however may not be used as borrow for grading purposes (soil material must be suitable for fill, vegetation, drainage, etc.,). Development of Voyageur Farms 3rd Addition includes the construction of public trails and sidewalks. Five-foot-wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets. The Developer will construct a 10-ft wide bituminous trail along Outlot A as shown on the plans from 183rd Street to the existing trail. Page 246 of 254 Voyageur Farms 3rd Addition – Final Plat January 19, 2024 Voyager Farms 3rd Addition - Engineering Review UTILITIES SANITARY SEWER Voyageur Farms 3rd Addition is located within subdistrict NC-20140 of the North Creek sanitary sewer district, as identified in the City’s Sewer Plan. Wastewater will be conveyed through sanitary sewer to a MCES Interceptor and continue to the Empire Wastewater Treatment Facility. Development of Voyageur Farms 3rd Addition includes the extension of public sanitary sewer. 8-inch sanitary sewer will be constructed within the subdivision connecting from stubs installed with previous additions of the Voyageur Farms preliminary plat. The City’s Sewer Plan identifies the sewer downstream of the proposed 18-inch extension as an area of Potential Future Capacity Constraints. This section of sanitary sewer should be monitored for capacity as development continues upstream. A future sanitary sewer analysis may be required to determine the capacity available in the sanitary sewer downstream. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and will be required with the final plat, calculated as follows: 90 units x $327.00 = $29,430.00 Total Units 2024 Sanitary Sewer Availability Charge Per Unit Sanitary Sewer Availability Charge required WATERMAIN Development of Voyageur Farms 3rd Addition includes the extension of public watermain. Consistent with the City’s Water Plan, the Developer shall construct 12-inch trunk watermain from a stub at the intersection of Glamis Lane and 184th Street. The Developer shall extend the 12-inch watermain within the subdivision to the east plat boundary and connect to the existing 12” watermain stubbed from Glacier Creek. The City will reimburse the Developer’s cash fees $35,383.00 for the oversizing of the watermain. 8-inch watermain will be extended along the remaining streets to provide a looped system for the development. DRAINAGE AND GRADING Voyageur Farms 3rd Addition is located within subdistricts FO-044, FO-043 of the Farmington stormwater district, as identified in the City’s Water Resources Management Plan. A Vermillion River Watershed Joint Powers Organization (VRWJPO) Principal Connector is located within the site draining from west to east. The water corridor is conveyed under Cedar Avenue via existing culverts to the east with recently constructed box culverts under Glacier Way. Page 247 of 254 Voyageur Farms 3rd Addition – Final Plat January 19, 2024 Voyager Farms 3rd Addition - Engineering Review Development of the first phase of Voyageur Farms included construction of a publicly owned and maintained stormwater management basin in Outlot B, Voyageur Farms to collect and treat stormwater runoff generated from the site and future 185th Street. The basin outlets north into the VRWJPO water corridor. A second, smaller stormwater management basin was graded in Outlot C, Voyageur Farms with the first phase but stormwater was not directed to this basin with previously constructed additions. Voyageur Farms 3rd Addition includes construction of the outlet for the stormwater management basin in Outlot C, Voyageur Farms which connects into existing storm sewer within the development and ultimately outlets to the existing stormwater management basin located in Outlot B, Voyageur Farms. The stormwater management design is consistent with the City’s stormwater management ordinance. 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 permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Voyageur Farms 3rd 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. The Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Development of Voyageur Farms 3rd Addition includes the construction of public storm sewer systems. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to public stormwater management basins located within Outlot B and Outlot C, Voyageur Farms. Draintile construction is required in areas of non-granular soils within Voyageur Farms 3rd Addition for street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be collected with the final plat, calculated as follows: Page 248 of 254 Voyageur Farms 3rd Addition – Final Plat January 19, 2024 Voyager Farms 3rd Addition - Engineering Review Trunk Storm Sewer Area Charge Summary Gross Area of Voyageur Farms 3rd Addition 1,048,087.00 s.f. Less Area of Outlots A & B (Park and Basins) (-) 106,768.00 s.f. Total = 941,319.00 s.f. 941,319.00 s.f. x $0.178/s.f. = $167,554.78 Net Area of Voyageur Farms 3rd Addition Single Family Area Charge Total Trunk Storm Sewer Area Charge Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. RESIDENTIAL BUFFER YARD REQUIREMENTS The Developer is responsible for following the buffer yard requirements adjacent to 185th Street. FEMA FLOODPLAIN ANALYSIS Voyageur Farms 3rd Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WETLANDS A wetland delineation was completed for the site with the Voyageur Farms preliminary plat. No wetland impacts proposed with Voyager Farms 3rd Addition. EROSION CONTROL The Developer is responsible for obtaining a MPCA Construction Permit. Changes made throughout construction must be documented in the SWPPP. Redundant silt fence is required along all wetlands and waterways that do not have a 50-foot established buffer. 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. Page 249 of 254 Voyageur Farms 3rd Addition – Final Plat January 19, 2024 Voyager Farms 3rd Addition - Engineering Review The MS4 Administration Fee has not been collected on the parent parcel and must be paid with the final plat, calculated as follows: $28,991.25 X 2% = $579.83 Grading Security MS4 Admin Fee Total SECURITIES The Developer shall provide a Letter of Credit as security for the Developer- installed improvements for Voyageur Farms 3rd Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on October 31, 2023. CONSTRUCTION COSTS Sanitary Sewer $ 294,153.85 Watermain 434,126.00 Storm Sewer 255,053.00 Street Construction 684,051.60 Erosion Control and Restoration/Est. of Nat. Veg. around Basins/Buffers 28,991.25 SUBTOTAL - CONSTRUCTION COSTS $ 1,696,375.70 OTHER COSTS Developer’s Design (3.0%) $ 50,891.27 Developer’s Construction Survey (2.5%) 42,409.39 City’s Legal Expense (0.5%) 8,481.88 City Construction Observation (5.0%) 84,818.79 Developer’s Record Drawing (0.5%) 8,481.88 Landscaping 152,045.00 Street Lights 18,000.00 Lot Corners/Iron Monuments 9,800 SUBTOTAL - OTHER COSTS $374,928.21 TOTAL PROJECT SECURITY $2,071,303.91 The street light security totals $18,000 which consists of fifteen (15) post-top street lights at $1,200 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $9,800.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street, and utility construction. Page 250 of 254 Voyageur Farms 3rd Addition – Final Plat January 19, 2024 Voyager Farms 3rd Addition - Engineering Review CASH FEES A $3,300.00 cash fee for traffic control signs is due with Voyageur Farms 3rd Addition. If the street signs are installed during frost conditions, the Developer shall pay an additional $150.00 for each street sign location. A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 90 units x $40.48/unit = $3,643.20 Dwelling Units Streetlight Operating Fee Total A cash fee for one-year of environmental resources management expenses shall be paid at the time of final plat approval and is calculated as follows: 90 units x $59.16/unit = $5,324.40 Dwelling Units Environmental Resources Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 98 units x $90.00/unit = $8,820.00 Lots/Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $50,891.27. Page 251 of 254 Voyageur Farms 3rd Addition – Final Plat January 19, 2024 Voyager Farms 3rd Addition - Engineering Review CASH REQUIREMENTS 185th Street and Trail Escrow Park Dedication $39,758.33 234,944.06 Sanitary Sewer Availability 29,430.00 Trunk Storm Sewer Area MS4 Administration 167,554.78 579.83 Traffic Control Signs 3,300.00 Streetlight Operating 3,643.20 Environmental Resources Management 5,324.40 City Base Map Updating 8,820.00 City Engineering Administration (3.00%) 50,891.27 SUBTOTAL - CASH REQUIREMENTS $544,245.87 CREDITS TO THE CASH REQUIREMENTS Watermain Oversizing (Trunk Water) $ 35,383.00 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 35,383.00 TOTAL CASH REQUIREMENTS $508,862.87 RECOMMENDATION Engineering recommends approval of the final plat, grading and erosion control plan, tree preservation, and utility plan for Voyageur Farms 3rd Addition, subject to the requirements and stipulations within this report. If you or the applicant have any questions regarding these comments, please contact Kris Keller at (612) 419-3083 or kkeller@wsbeng.com. Page 252 of 254 Date: 2/5/2024 Next Regular Meeting Tuesday, February 20, 2024 Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 253 of 254 Date: 2/5/2024 Next Work Session Meeting February 26, 2024 Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 254 of 254