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03-18-2024 Agenda Packet
AGENDA CITY COUNCIL MEETING March 18, 2024 - 6:00 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 6. Consent Agenda a. Check Register Summary b. Minutes of the 03/04/2024 City Council Meeting c. Resolution Amending the 2023 Park Bonds Fund and Stormwater Infrastructure Fund Budgets d. Joint Powers Agreement with the Dakota County Community Development Agency for the Open to Business Program e. Resolution Approving the 2024 Advisory Board Appointments f. Resolution Approving Changes to the Lakeville Area Arts Center Advisory Board g. Minutes of the 02/26/2024 City Council Work Session h. Resolution Amending the 2023 MSA Fund Budget (CP24-04) i. Supplemental Agreements for Professional Services with WSB for Environmental Services j. Award of Contract for the 2024 Miscellaneous Roadway Repairs and Overlays Project k. Urgent/Vet Conditional Use Permit l. A Resolution Supporting Retention of City Zoning Authority Page 1 of 124 City Council Meeting Agenda March 18, 2024 Page 2 7. Action Items a. Agreement with APX Construction Group, LLC. for the Construction of Park Buildings at Avonlea Community Park: CIP #24-20 8. Unfinished Business 9. New Business 10. Announcements 11. Adjourn Page 2 of 124 Date: 3/18/2024 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 02/02/2024 – 03/13/2024 is as follows: Checks 321965-322052 $1,021,066.21 ACH 16107-16240 $955,823.70 Electronic Funds Transfer (EFT) 20240118- 20240160 $1,888,314.98 Total $3,865,204.89 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 3.12.24CKSUM 2. Check Register 3.12.24 for Mar 18,2024 Council Mtg Financial Impact: $3,865,204.89 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 124 3/12/2024City of Lakeville 14:00:11R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/13/20242/2/2024 - Company Amount 609,965.3701000GENERAL FUND 36,724.3102000COMMUNICATIONS FUND 33,596.0004000BUILDING FUND 132,440.3804100EQUIPMENT FUND 12,940.5204125TECHNOLOGY FUND 3,702.10047002022 C PARK BONDS 32.42047102023 A PARK BONDS 122,638.3605200STATE AID CONSTRUCTION FUND 8,525.1805500WATER TRUNK FUND 16,575.0005600SANITARY SEWER TRUNK FUND 7,256.270658922-24 AIRLAKE 70 IMPROVEMENT 4,196.500659524-02 STREET RECONSTRUCTION 839.300659624-03 COLLECTOR RD REHAB 25,824.1807450ENVIRONMENTAL RESOURCES FUND 16,810.7307550UTILITY FISCAL ADMINISTRATION 53.9607575STREET LIGHTING FUND 187,025.8907600WATER FUND 19,801.8107700SEWER FUND 719,634.8307800LIQUOR FUND 327,682.9507900MUNICIPAL RESERVES FUND 884.2308000ESCROW FUND - DEVELOPERS/BUILD 577.71-08910 ESCROW - DCA/SECTION 125 419,753.3608950DAKOTA 911 - OPERATING FUND 74,400.8908970LAKEVILLE ARENAS - OPERATIONS 1,084,478.0609800PAYROLL CLEARING FUND Report Totals 3,865,204.89 Page 4 of 124 MINUTES CITY COUNCIL MEETING March 4, 2024 - 6:00 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter 2.Roll Call 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; Courtney Miller, Assistant to the City Administrator; Brad Paulson, Police Chief; Paul Oehme, Public Works Director 3.Citizen Comments None 4.Additional agenda information None 5.Presentations/Introductions a.Fire Department Retiree Recognition b.Park and Recreation Quarterly Report Park and Recreation Director John Hennen presented the Quarterly Report. 6.Consent Agenda Motion was made by Wolter, seconded by Bermel , to approve the following: Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary b.Minutes of the 02/20/2024 City Council Minutes c.Approve a Copier Lease with Marco Technologies d.Portable Restroom Service Agreement with Rent-N-Save Portable Services e.Agreement with Allied Blacktop Company for Trail Crack Sealing f.Park Restroom Cleaning Services Agreement with Astra Cleaning Services, LLC. g.Approve First Amendment to Fiscal Agent Agreement with Dakota 911 (D911) h.2024 Instrumentation and Control Support Services Supplemental Agreement with AE2S i.Approval of Professional Services Agreement with Ehlers Page 5 of 124 City Council Meeting Minutes March 4, 2024 Page 2 j.Contract for tree planting in city parks and right-of-way k.Resignation from the Economic Development Commission l.Resolution Calling a Public Hearing on Proposed Assessments for City Improvement Project 24-02 m.Estoria Lakeville Final Plat Extension n.Caslano Second Addition final plat o.Agreement with Blue Water Science for Professional Services for Lake Management 7.Action Items a.Public Hearing on the application for Crystal Lake Golf Club LLC for an On-sale and Sunday liquor license Applicant Gary Ziehr commented that they will have a new ownership group for Crystal Lake Golf Club, LCC, but all operations will remain the same. Mayor Hellier opened the public Hearing at 6:19 p.m. There were no comments from the public. Motion was made by Volk, seconded by Lee, to close the public hearing at 6:20 pm. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Bermel, seconded by Volk, to grant an On-Sale and Sunday liquor license to Crystal Lake Golf Club, LLC: Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8.Unfinished Business None 9.New Business None 10.Announcements a.Next Regular City Council Meeting, March 18, 2024 b.Next Work Session Meeting, March 25, 2024 11.Adjourn Motion was made by Volk, seconded by Lee, to adjourn at 6:23 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 6 of 124 Date: 3/18/2024 Resolution Amending the 2023 Park Bonds Fund and Stormwater Infrastructure Fund Budgets Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Amending the 2023 Park Bonds Fund and Stormwater Infrastructure Fund budgets. Overview The Antlers Park improvement project was one project as part of the successful park bond referendum in November 2021. These improvements were substantially completed during 2023. As project costs were being reviewed for inclusion in the City’s 2023 financial reports, it was determined that certain costs incurred on the project are eligible for funding by the Stormwater Infrastructure Fund. Such costs include construction of a stormwater pond, rain garden, and new stormwater pipes, which total $604,809 including allocation of indirect costs. Staff is recommending that the eligible cost amount of $604,809 be incurred by the Stormwater Infrastructure Fund (F5400) in lieu of the Park Bonds Fund (F4700). Supporting Information 1. Resolution Amend 2023 Park Bonds Fund and Stormwater Infrastructure Fund Budgets CP 22-10 Financial Impact: $604,809 Budgeted: No Source: Stormwater Infrastructure Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 7 of 124 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Authorizing 2023 Budget Amendments Antlers Park Improvement Project, City Project 22-10 WHEREAS, the Antlers Park improvements, City project 22-10, was substantially completed during 2023, and WHEREAS, certain expenditures were identified to be eligible for Stormwater Infrastructure Funding NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota: City staff is hereby authorized to amend the 2023 Stormwater Infrastructure (F5400) budget to include a cost allocation of $604,809 and the 2023 Park Bonds (F4700) budget to reduce its’ cost allocation by $604,809. ADOPTED by the Lakeville City Council this 18th day of March 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 8 of 124 Date: 3/18/2024 Joint Powers Agreement with the Dakota County Community Development Agency for the Open to Business Program Proposed Action Staff recommends adoption of the following motion: Move to approve a Joint Powers Agreement with the Dakota County Community Development Agency to operate the Open to Business Program in 2024-2026. Overview The Open to Business program was first implemented in 2013 in Dakota County through a Joint Powers Agreement with Dakota County Community Development Agency (CDA). The program provides technical assistance and access to capital for Lakeville’s small businesses and potential entrepreneurs at no cost to the client. A presentation about this program was recently made to the Economic Development Commission during the February 27, 2024, meeting. The total annual cost to operate the program in 2024-2026 in the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, and West St. Paul, as well as the small cities and townships, is $165,000 per year. The attached Joint Powers Agreement designates Natalie Mouilso as Dakota County’s full-time MCCD business advisor. Ms. Mouilso hosts virtual office hours for Dakota County clients on a weekly basis and is also available by phone, email or in-person. In 2023, the Open to Business program assisted 168 Dakota County clients, including 26 Lakeville residents and 19 Lakeville businesses. The CDA proposes to fund 50% of the cost with the participating cities funding the remaining 50%. The City of Lakeville’s share would be $10,690 per year for three years. This program is included in the City’s approved Community Development Department Budget. Staff recommends approval of the Joint Powers Agreement for the Open to Business program. Supporting Information 1. Open to Business Joint Powers Agreement_2024-2026 2. Executed CDA_Open to Business Contract for Services_2024-2026 3. Approved Dakota County CDA Resolution 23-6776 Financial Impact: $10,690 Budgeted: Yes Source: Community Development Budget Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Kati Bachmayer, Economic Development Manager Page 9 of 124 Page 10 of 124 Joint Powers Agreement JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this “Agreement”), is made as of January 1, 2024, by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the “CDA”), a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “State”), and each of the BURNSVILLE ECONOMIC DEVELOPMENT AUTHORITY, CITY OF LAKEVILLE, CITY OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY, FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA (each individually a “Local Government Entity” and together the “Local Government Entities”), each a political subdivision of the State. RECITALS: A. In order to pursue common goals of fostering economic development, the CDA and the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community Developers, a Minnesota non-profit corporation (“MCCD”) to undertake the “Open To Business Program” (the “Program”) within Dakota County (the “County”). B. Pursuant to the Program, MCCD will provide technical assistance and access to capital to small business and potential entrepreneurs in the County. C. The CDA and the Local Government Entities propose to jointly exercise their common economic development powers to undertake the Program. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the CDA and each of the Local Government Entities, each party does hereby represent, covenant and agree with the others as follows: Section 1.Representations. Each of the Local Government Entities and the CDA makes the following representations as to itself as the basis for the undertaking on its part herein contained: (a) It is a political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. Page 11 of 124 Joint Powers Agreement2 (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which it is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to this Agreement are the powers of the CDA and the Local Government Entities under Minnesota Statutes, Chapter 469, to undertake activities to promote economic development within their respective jurisdictions. Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own behalf and on behalf of the Local Government Entities, will initially enter into an agreement with MCCD in substantially the form attached hereto as Exhibit A (the “Agreement”) to engage MCCD to operate the Program within Dakota County. The CDA and each of the Local Government Entities will make payments to MCCD as described in Exhibit A of the Agreement. The CDA may from time to time execute and deliver documents amending, modifying, or extending the Agreement as it deems necessary or convenient, provided, that no such document will adversely affect services provided to, or amounts payable by, any Local Government Entity without the prior written consent of such Local Government Entity. Section 4.Limited Liability. Neither the CDA nor any of the Local Government Entities shall be liable for the acts or omissions of the other in connection with the activities to be undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby indemnifies the Local Government Entities for costs associated with claims made against the Local Government Entities directly relating to actions taken by the CDA, and (b) each Local Government Entity hereby indemnifies the CDA for costs associated with claims made against the CDA directly relating to actions taken by such Local Government Entity. Nothing herein shall be deemed a waiver by the indemnifying party of the limits on liability set forth in Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on behalf of the indemnified party, any amounts in excess of the limits on liability set forth in Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Section 5.Conflict of Interests; Representatives Not Individually Liable. The CDA and each of the Local Government Entities, to the best of its knowledge, represents and agrees that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the CDA or any Local Government Entity shall be personally liable with respect to any default or breach by any of them or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. Page 12 of 124 Joint Powers Agreement3 Section 6.Term; Distribution of Property. The term of this Agreement shall expire on December 31, 2026. There is no property which will be acquired by the CDA or any Local Government Entity pursuant to the Program which would need to be distributed at the end of the term hereof. Section 7. Notices and Demands. A notice, demand or other communication under this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the person and at the addresses identified on each signature page hereto, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. [Remainder of page intentionally left blank] Page 13 of 124 Joint Powers AgreementA - 1 IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this Agreement to be duly executed in their respective names and behalf as of the date first above written, with actual execution on the dates set forth below. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Dated:_____________________ By _______________________________ Its Executive Director Notice Address: Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Lisa Alfson, Director of Community and Economic Development Page 14 of 124 Joint Powers AgreementA - 2 EAGAN ECONOMIC DEVELOPMENT AUTHORITY Dated: ________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 3830 Pilot Knob Road Eagan, MN 55122 Attn: ______________________________ Page 15 of 124 Joint Powers AgreementA - 3 BURNSVILLE ECONOMIC DEVELOPMENT AUTHORITY Dated: _______________ By _________________________________ Its City Manager By _________________________________ Its ________________________________ Notice Address: 100 Civic Center Parkway Burnsville, MN 55337 Attn: City Manager Page 16 of 124 Joint Powers AgreementA - 4 CITY OF LAKEVILLE, MINNESOTA Dated: __________________ By _________________________________ Its Mayor By _________________________________ Its City Clerk Notice Address: 20195 Holyoke Avenue Lakeville, MN 55044 Attn: Community and Economic Development Director Page 17 of 124 Joint Powers AgreementA - 5 CITY OF MENDOTA HEIGHTS, MINNESOTA Dated: _______________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 1101 Victoria Curve Mendota Heights, MN 55118 Attn: ______________________________ Page 18 of 124 Joint Powers AgreementA - 6 APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY Dated: __________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 7100 147th Street W. Apple Valley, MN 55124 Attn: ______________________________ Page 19 of 124 Joint Powers AgreementA - 7 INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Dated: _____________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 8150 Barbara Avenue Inver Grove Heights, MN 55077 Attn: ______________________________ Page 20 of 124 Joint Powers AgreementA - 8 HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY Dated: __________________ By _________________________________ Its:_________________________________ By _________________________________ John Hinzman Its Executive Director Notice Address: 101 East 4th Street Hastings, Minnesota 55033 Attn: Executive Director Page 21 of 124 Joint Powers AgreementA - 9 ROSEMOUNT PORT AUTHORITY Dated: _________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 2875 145th Street Rosemount, MN 55068 Attn: ______________________________ Page 22 of 124 Joint Powers AgreementA - 10 FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY Dated: ________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 430 Third Street Farmington, MN 55024 Attn: ______________________________ Page 23 of 124 Joint Powers AgreementA - 11 SOUTH ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY Dated: __________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 125 Third Ave. No. South St. Paul, MN 55075 Attn: Executive Director Page 24 of 124 Joint Powers AgreementA - 12 WEST ST. PAUL ECONOMIC DEVELOPMENTAUTHORITY Dated: _____________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 1616 Humboldt Avenue West St. Paul, MN 55118 Attn: Executive Director Page 25 of 124 1 Contract for Services for the Open To Business Program THIS AGREEMENT is dated December 29, 2023, and is between the Dakota County Community Development Agency (“CDA”) and Metropolitan Consortium of Community Developers, a Minnesota nonprofit corporation (“MCCD”). WHEREAS, the CDA, on behalf of itself and the 11 political subdivisions of the State of Minnesota listed on Exhibit A hereto (the “Local Government Entities”), which each have powers with respect to a city with a population over 10,000 (collectively the “Municipalities”), wishes to engage MCCD to render services under the model known as “Open To Business,” a program providing small business technical assistance and capital to existing businesses and residents and other parties interested in opening a business within Dakota County (the “County”) (the “Program”); and WHEREAS, MCCD has successfully provided the services required to administer and carry out the Program in Dakota County from 2013 – 2023; and WHEREAS, pursuant to CDA Resolution No. 23-6776, adopted on December 19, 2023, (the “Resolution”), the CDA is authorized to enter into this agreement with MCCD for the Program; and WHEREAS, pursuant to the Resolution and certain joint powers agreements to be entered into between the CDA and the Local Government Entities (the “Joint Powers Agreements”), the CDA will act as fiscal agent for the Local Government Entities in connection with this Agreement; and WHEREAS, the CDA will pay from its own funds 50 percent of the fee charged by MCCD for the Program in the Municipalities and 100 percent of the fee charged by MCCD for the Program in the small cities and townships within the County with populations less than 10,000 residents (“Small Cities and Townships”), as further described herein and in Exhibit A; and WHEREAS, pursuant to the Joint Powers Agreements, the Local Government Entities will be required to pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A, representing the remaining 50 percent of the fee charged by MCCD for the Program in the Municipalities. Now therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TIME OF PERFORMANCE The term of this Agreement and the period during which MCCD will provide services hereunder will commence upon the first day of January 2024, and automatically renew January 1, 2025, and January 1, 2026. This agreement will terminate on December 31, 2026, DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C Page 26 of 124 2 subject to earlier termination as provided herein. MCCD will perform the services necessary to carry out the Program as promptly as possible, and with the fullest due diligence. COMPENSATION The CDA will compensate MCCD annually for its services hereunder an amount equal to One Hundred Sixty-Five Thousand Dollars ($165,000) (“Contract Amount”). The CDA will pay such an amount in two equal installments, the first no earlier than March 1st and the second no earlier than September 30th, upon receipt of invoices from MCCD. Subject to the limits above, payments will be due within 15 days of receipt of the respective invoices. The portion of the Contract Amount payable from Participation Fees will be payable by the CDA only from and to the extent such Participation Fees are paid by the respective Local Government Entities. In the event a Local Government Entity does not pay the CDA its Participation Fee in amounts and by deadline described in Exhibit A, the CDA will notify MCCD, and MCCD will immediately cease the Program in that Municipality. Upon such termination, the Contract Amount will be reduced by an amount equal to the Participation Fee which such Local Government Entity did not pay and the amount the CDA would have paid as a matching payment. SCOPE OF SEVICES MCCD will provide technical assistance and access to capital to existing businesses, residents and those parties interested in starting a business in any of the Municipalities, Small Cities, and Townships within Dakota County as further described on Exhibit B and Exhibit C hereto, which sets forth the Dakota Open To Business Program Scope of Services. REPORTING MCCD will submit quarterly reports to the CDA and Municipalities in form and substance acceptable to the CDA and Municipalities. Reports will provide information in the agreement for County and will include a sub-report for each Municipality and each of the Small Cities and Townships Reports will include the following information: Number of inquiries, entrepreneurs, and businesses served Hours of technical assistance provided Hours of dedicated program (including but not limited to – city initiatives, program outreach, public events, city meetings, research, client follow-up, general inquiries) Type of business/industry Annual sales revenue Number of businesses opened Number of businesses expanded/stabilized DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C Page 27 of 124 3 Number and amount of financing packages Demographic information on entrepreneurs Business city and/or resident city The required reporting schedule is as follows: 1st quarter January – March, report due April 30th 2nd quarter April – June, report due July 31st 3rd quarter July – September, report due October 31st 4th quarter October – December, report due January 31st In addition to the foregoing, MCCD will provide additional reports as reasonably requested by the CDA or Local Government Entities. Client confidentiality being a core component of the service model, MCCD will not typically report specific client/business information in its regular reporting, However, with permission from the client, MCCD will produce profiles of successful clients for publication dissemination and media release. PERSONNEL MCCD represents that it has, or will employ or contract for, at its own expense, all personnel required to perform the services necessary to carry out the Program. Such personnel will not be employees of, or have any contractual relationship with, the County, the CDA, or any of the Local Government Entities. No tenure or any other rights or benefits, including worker’s compensation, unemployment insurance, medical care, sick leave, vacation pay, severance pay, or any other benefits available to County, CDA, or any of the Local Government Entities’ employees shall accrue to MCCD or employees of MCCD performing services under this Agreement. MCCD is an independent contractor. All of the services required to carry out the Program will be performed by MCCD and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. Natalie Mouislo shall be the dedicated MCCD Program advisor for the County, CDA, and Local Government Entities for the duration of this Agreement. If there are material 1 changes to Ms. Mouilso’s position with MCCD during the time of this Agreement, the CDA will be informed by MCCD immediately. 1 Material is defined as any event or events that would prohibit Ms. Mouislo from being the full-time Program Advisor for Dakota County. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C Page 28 of 124 4 USE OF CDA OFFICE SPACE The CDA will make available a cubicle space for MCCD personnel at the CDA office building for use by MCCD in carrying out the Program. MCCD personnel will have access to the CDA meeting rooms, wireless internet services, copy machines, and printers. MCCD personnel shall comply with all CDA office rules and policies regarding the use of CDA office space, equipment, and internet access. If the CDA, in its sole direction, determines that MCCD personnel has failed to comply with CDA office rules and policies, MCCD personnel will be required to vacate the CDA office and the CDA will cease to provide MCCD office space to carry out the Program. INTEREST OF MEMBERS OF THE CDA AND OTHERS No officer, member, or employee of the CDA and no member of its governing body, and no other public official or governing body of any locality in which the Program is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Program, will participate in the decision relating to this Agreement which affects he/she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement. ASSIGNABILITY MCCD will not assign any interest in this Agreement and will not transfer any interest in the same without the prior written approval of the CDA. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal laws, statutes, and applicable regulations of the State of Minnesota and the ordinances of the Local Government Entities. INSURANCE General Terms. In order to protect itself and to protect the CDA under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain a policy of Professional Liability (PL) insurance covering the term of this Contract. Such policy of PL insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy of insurance shall contain a clause providing that such policy shall not be cancelled by the issuing insurance company without at least 30 days’ written notice to the CDA of intent to cancel. Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates of such policies of insurance with the CDA. Failure to Provide Proof of Insurance. The CDA may withhold payments or immediately terminate this Contract for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. INDEMINFICATION MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local Government Entities, and each of their respective officials, agents, volunteers and employees DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C Page 29 of 124 5 from any liability, claims, causes of action, judgements, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of MCCD, its subcontractors, anyone directly or indirectly employed by MCCD or any if its subcontractors, and/or anyone for whose acts and/or omissions MCCD may be liable in the performance of the services required by this Agreement, and against all loss by reason of failure of MCCD to perform any obligation under this Agreement. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, portage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD is addressed or delivered personally to: Tyler Hilsabeck Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b) In the case of the CDA is addressed or delivered personally to: Lisa Alfson, Director of Community and Economic Development Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Or at such other address with respect to any party as that party may designate in writing and forward to the other as provided in this Section. MODIFICATION This Agreement may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. NON-DISCRIMATION In connection with its activities under this Agreement, MCCD will not violate any Federal or State laws against discrimination. DEFAULT AND CANCELLATION Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute in a default hereunder. If a default occurs, MCCD will have 60 days to cure any and all defaults and come into compliance with this Agreement. MCCD will immediately notify the CDA of any default. MCCD and the CDA will develop agreed upon milestones that must be met within the 60- day period to avoid cancellation of this Agreement. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C Page 30 of 124 6 The primary default would be the loss of Ms. Mouilso as the dedicated MCCD Program advisor. If Ms. Mouilso is no longer the dedicated MCCD Program advisor, MCCD will be expected to meet the following milestones within the 60-day period – 1. MCCD will inform the CDA within 48 hours of Ms. Mouilso’s employment departure notice. 2. The name and contact information of the interim MCCD Program advisor for Dakota County will be shared with CDA and Local Government Entities within three business days of Ms. Mouilso’s departure notice. 3. MCCD will continue to actively work with Dakota County clients on a full-time basis in the event of a default and respond to client communication in a timely manner as defined elsewhere in this Agreement. 4. MCCD will continue to track and input client data to ensure the quarterly report is accurate when generated (see REPORTING section, page 2, for details). 5. MCCD staff, including the interim MCCD Program advisor, will meet with CDA staff weekly (at a minimum) to provide updates on clients, Program work in Dakota County, etc. Local Government Entities will be invited to these meetings. 6. MCCD will continue to actively market the MCCD Program in the same capacity as prior to the default. 7. Hiring a new dedicated MCCD Program advisor for Dakota County is not expected within 60 days of the default; however, steps to secure a new, qualified, full-time MCCD Program advisor will occur within the 60 days. Steps taken to secure a new advisor will be regularly communicated to CDA. If a default is not remedied in 60 days, and/or the agreed upon milestones are not met within the 60 days, the CDA may cancel this Agreement in its entirety by five additional days’ written notice to MCCD. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C Page 31 of 124 7 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By:_______________________________ Tony Schertler, Executive Director Date: _____________________________ MCCD By: Printed Name: Elena Gaarder Printed Title: Chief Executive Officer Date: DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 12/29/2023 12/29/2023 Page 32 of 124 8 Exhibit A 2024, 2025 & 2026 Local Government Entity Annual Participation Fee Schedule Municipality Local Government Entity Total Fee CDA Share of Fee Local Government Entity Participation Fee Lakeville City of Lakeville $21,380 $10,690 $10,690 Eagan Eagan Economic Development Authority $21,280 $10,640 $10,640 Burnsville Burnsville Economic Development Authority $21,000 $10,500 $10,500 Apple Valley Apple Valley Economic Development Authority $18,000 $9,000 $9,000 Inver Grove Heights Inver Grove Heights Economic Development Authority $14,000 $7,000 $7,000 Rosemount Rosemount Port Authority $11,300 $5,650 $5,650 Farmington Farmington Economic Development Authority $11,000 $5,500 $5,500 Hastings Hastings Economic Development and Redevelopment Authority $11,000 $5,500 $5,500 South St. Paul South St. Paul Economic Development Authority $10,800 $5,400 $5,400 West St. Paul West St. Paul Economic Development Authority $10,800 $5,400 $5,400 Mendota Heights City of Mendota Heights $6,000 $3,000 $3,000 Small Cities and Townships n/a $8,440 $8,440 $0 Total $165,000 $86,720 $78,280 DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C Page 33 of 124 9 Exhibit B Dakota Open To Business Program Scope of Services Open To Business (“OTB”) Technical Assistance Services MCCD will provide intensive one-on-one technical assistance to Municipalities’ and Small Cities’ and Townships’ businesses, residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota County. MCCD will dedicate one full time staff person based in Dakota County to provide the Technical Assistance Services (“Dakota OTB Staff”). In addition, MCCD will make available the expertise of all MCCD technical and support staff in the delivery of services to Dakota Open to Business Program. Technical assistance includes, but is not limited to, the following: Business plan development Feasibility analysis Marketing Cash flow and other financial projection development Operational analysis City and State licensing and regulatory assistance Loan packaging, and other assistance in obtaining financing Help in obtaining competent legal advice MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various Municipality city halls, County libraries, or at the client’s place of business. Client meetings may also be held virtually and/or on the phone. Open To Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD’s Emerging Small Business Loan Program (see Exhibit C Small Business Loan Program Guidelines below). MCCD also provides it’s financing in partnership with other community lenders, banks or Local Government Entities interested in making capital available to residents and/or businesses in their community. Ribbon Cuttings & Grand Openings MCCD Dakota OTB staff will assist the CDA and Local Government Entities with the coordination of ribbon cuttings and grand openings for Program clients within Dakota County who wish to participate to ensure that all Program clients receive the option of this introduction into their communities. Coordinating efforts may include promoting the event, finalizing date/time of event with Program client, sending out invitations, and taking photographs. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C Page 34 of 124 10 EXHIBIT C Small Business Loan Program Guidelines Loan Amounts: • Up to $25,000 for start-up businesses • Larger financing packages for established businesses • Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eligible Projects: • Borrowers must be a “for-profit” business. • Business must be complimentary to existing business community. • Borrowers must have equity injection as determined by fund management. Allowable Use of Proceeds: • Loan proceeds can be used for working capital, inventory, building and equipment and general business operations. Interest Rates: • The loan interest rate is dependent on use, term and other factors, not to exceed 7%. Loan Term Length: • Loan repayment terms will generally range from three to five years but may be substantially longer for major asset financing such as commercial property. Fees and Charges: • Borrowers are responsible for paying all customary legal and other loan closing costs. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C Page 35 of 124 Board of Commissioners Request for Board Action Meeting Date: December 19, 2023 Resolution #: 23-6776 Motion by Commissioner Hamann-Roland Second by Commissioner Atkins STATE OF MINNESOTA County of Dakota YES NO ABSENT ABSTAIN Slavik ☒ ☐ ☐ ☐ Atkins ☒ ☐ ☐ ☐ Halverson ☐ ☐ ☒ ☐ Droste ☒ ☐ ☐ ☐ Workman ☒ ☐ ☐ ☐ Holberg ☒ ☐ ☐ ☐ Hamann-Roland ☒ ☐ ☐ ☐ I, Sarah Jacobson, as designee of the Executive Director, pursuant to the Dakota County Community Development Agency bylaws, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Dakota County Community Development Agency Board of Commissioners, at their regular session held on the 19th day of December, 2023 now on file in the in the CDA Administration Department, and have found the same to be a true and correct copy thereof. Witness my hand and official seal of Dakota County CDA this 20th day of December, 2023. Administrative Coordinator Approval Of Three-Year Participation Agreement For Open To Business Program WHEREAS, the Dakota County Community Development Agency (CDA) was granted the powers of an economic development authority in 2000 by Minnesota Law and an authorizing resolution adopted by the Dakota County Board of Commissioners (Resolution No. 00-543); and WHEREAS, the CDA in conjunction with the 11 largest cities in Dakota County launched the countrywide Open To Business program in 2013 to provide business advisory services and access to capital to entrepreneurs and small businesses in Dakota County; and WHEREAS, the CDA and 11 cities have annually renewed participation in the Open To Business program since 2013, with the CDA acting as the fiduciary agent and administrator of the contract with the Metropolitan Consortium of Community Developers and joint powers agreements executed between each participating city and the CDA; and WHEREAS, the annual cost for the Open To Business program for 2024 – 2026 is $165,000; and WHEREAS, the CDA portion of the annual cost of the program is fifty percent (50%) to match each participating city, as well as to cover the total cost of serving the small cities and townships; and WHEREAS, the Open To Business program is consistent with the Economic Development Strategy and Guiding Principles adopted by the Dakota County CDA Board of Commissioners, in that it is a collaborative approach; it is a response to a need for specialized expertise and economies of scale; it serves a need that is located in more than one community; and it is non-duplicative of other services. NOW, THEREFORE, BE IT RESOLVED by the Dakota County Community Development Agency Board of Commissioners hereby; Page 36 of 124 1. Approves CDA participation in the Open To Business program for 2024, 2025, and 2026 subject to participation of the Dakota County cities. 2. Authorizes the Executive Director to execute a three-year contract with the Metropolitan Consortium of Community Developers for an amount not to exceed $165,000 annually, of which the CDA’s portion of the fee shall not exceed $86,720. 3. Authorizes the Executive Director to execute a joint powers agreement between the CDA and the participating cities, designating the CDA as fiscal agent for the contract with the Metropolitan Consortium of Community Developers and requiring each city to submit a participation fee to the CDA. Page 37 of 124 Date: 3/18/2024 Resolution Approving the 2024 Advisory Board Appointments Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution appointing members to City Council advisory boards, committees, and commissions. Overview Advisory boards, committees, and commissions are comprised of knowledgeable, prominent, and credible members in their field of expertise within the Lakeville community that are responsible for providing non-binding professional and strategic advice to the City Council. The City of Lakeville currently has the following advisory boards, committees, and commissions: • Lakeville Area Arts Center Advisory Board • Economic Development Commission • Finance Committee • Parks, Recreation, and Natural Resources Committee • Planning Commission • Youth Advisory Commission The City Council annually reviews the membership of each of the boards, committees, and commissions, advertises open positions, and considers the appointment of new and existing members. Attached is the list of the advisory board, committee, and commission appointments and reappointments for 2024, including all existing members. Supporting Information 1. Resolution Appointing Members to Advisory Boards, Committees, and Commissions 2. 2024 Advisory Board, Committee, Commission Members Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Courtney Miller, Assistant to the City Administrator Page 38 of 124 CITY OF LAKEVILLE RESOLUTION NO. 24- RESOLUTION APPOINTING MEMBERS TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS WHEREAS, advisory boards, committees, and commissions are comprised of knowledgeable, prominent and credible members in their field of expertise from within the Lakeville community that are responsible for providing non-binding professional and strategic advice to the City Council; and WHEREAS, the City Council annually reviews the membership of each board, committee and commission, advertises for open positions and considers appointment of new and existing members. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby appoints members as listed on the attached Exhibit A effective April 1, 2024. ADOPTED by the Lakeville City Council this 18th day of March 2024. ______________________________ Luke Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 39 of 124 EXHIBIT A Lakeville Area Arts Center Board 3-year terms Mike Reardon Anita Wickhem 1-year term (alternate) Bryan Baker (ex-officio)Jeanne Hutter Economic Development Commission 3-year terms Rebecca Bergin Joe Eykyn Andrew Phillips Full member, term ending 2025 John Swaney 1-year term (alternate) Victor Arrendondo Finance Committee 3-year terms Mark Rauzi Philip Raines John Tuschner 1-year terms (alternate) Moises del Real Sara Shaw Meyer Parks, Recreation & Natural Resources Committee 3-year terms Daniel Volkosh Holly Weberg Erin Young 1-year term (alternate) Suryaprakash Ganesan Planning Commission 3-year terms Jason Swenson Amanda Tinsley 1-year terms (alternate) Alexander Cecchini Mark Traffas 1-year term (ex- officio) Sgt. Jeff Hanson Page 40 of 124 Board Committee Member Name First Appointed Expiration New Appointment/ Reappointment Arts Center Board Jeanne Hutter - Ex Officio 4/1/2021 3/31/2025 Reappointment Bryan Baker - Alternate (1 year term) 4/1/2024 3/31/2025 Appointment Robert Erickson 1/1/2006 3/31/2025 Kristy Harms 4/1/2018 3/31/2025 Rajani Tekriwal 4/1/2022 3/31/2025 Neil Anderson 4/1/2020 3/31/2026 Michelle Gensinger 1/1/2009 3/31/2026 Chris Foss 4/1/2023 3/31/2026 Mike Reardon 4/1/2024 3/31/2027 Appointment Anita Wickhem 4/1/2018 3/31/2027 Reappointment Economic Development Victor Arrendondo - Alternate (1 year term)4/1/2024 3/31/2025 Appointment Rick Bjorklund 4/1/2021 3/31/2025 Lowell Collman 4/1/2014 3/31/2025 Sara Lundberg 4/1/2022 3/31/2025 John Swaney 4/1/2024 3/31/2025 Appointment Jack Matasosky 1/1/1989 3/31/2026 Don Seiler 4/1/2017 3/31/2026 Glenn Starfield 3/1/2008 3/31/2026 Rebecca Bergin 4/1/2024 3/31/2027 Appointment Joe Eykyn 4/1/2023 3/31/2027 Reappointment Andrew Phillips 4/1/2021 3/31/2027 Reappointment Finance Committee Moises del Real - Alternate (1 year term) 4/1/2022 3/31/2025 Reappointment Sara Shaw Meyer - Alternate (1 year term)4/1/2023 3/31/2025 Reappointment Barry Fick 4/1/2017 3/31/2026 Laird Hanson 4/1/2017 3/31/2026 Stephanie Hunter 4/1/2020 3/31/2026 Bruce Rydeen 4/1/2014 3/31/2026 Mark Rauzi 4/1/2022 3/31/2027 Reappointment Philip Raines 4/1/2019 3/31/2027 Reappointment John Tuschner 5/1/2011 3/31/2027 Reappointment Parks & Recreation Suryaprakash Ganesan - Alternate (1 year term)4/1/2024 3/31/2025 Appointment Lindsay Haneman 4/1/2019 3/31/2025 Monica Joubert 4/1/2020 3/31/2025 Steve Henneberry 4/1/2020 3/31/2026 Shahid Nadeem 4/1/2023 3/31/2026 Daniel Volkosh 4/1/2023 3/31/2027 Reappointment Holly Weberg 4/1/2016 3/31/2027 Reappointment Erin Young 4/1/2023 3/31/2027 Reappointment Planning Commission Sgt. Jeff Hanson - Ex Officio (1 year term)4/1/2023 3/31/2025 Reappointment Alexander Cecchini - Alternate (1 year term)4/1/2024 3/31/2027 Appointment Mark Traffas - Alternate (1 year term)4/1/2024 3/31/2027 Appointment Jenna Majorowicz 4/1/2019 3/31/2025 Patty Zuzek August 2017 (PRNRC) April 2021 (Planning) 3/31/2025 Patrick Kaluza 9/1/2014 3/31/2026 Christine Zimmer 4/1/2020 3/31/2026 Scott Einck 5/1/2011 3/31/2026 Jason Swenson 4/1/2013 3/31/2027 Reappointment Amanda Tinsley 4/1/2023 3/31/2027 Reappointment Youth Advisory Commission Faisal Ali 10/1/2022 9/31/2024 Ella Fowler 10/1/2022 9/31/2024 Caitlyn Holl 10/1/2022 9/31/2024 Aaimah Khawaja 10/1/2022 9/31/2024 Peyton Knock Swanson 10/1/2022 9/31/2024 Iftinta Mohamed 10/1/2022 9/31/2024 Faadumo Mohamed 10/1/2022 9/31/2024 Eston Moulder 10/1/2022 9/31/2024 Page 41 of 124 Ava Nielson 10/1/2022 9/31/2024 Katie Sheehan 10/1/2022 9/31/2024 Olivia Schmidt 10/1/2023 9/32/2025 Zavieanna Johnson 10/1/2023 9/32/2025 Page 42 of 124 Date: 3/18/2024 Resolution Approving Changes to the Lakeville Area Arts Center Advisory Board Proposed Action Staff recommends adoption of the following motion: Move to approve changes to the Lakeville Area Arts Center Advisory Board. Overview During the 2024 Advisory Board interview process, the City Council discussed adding the Lakeville Chamber of Commerce Director of Tourism as an ex-officio to the Lakeville Area Arts Center Advisory Board. Supporting Information 1. Resolution Approving Changes to the Lakeville Area Arts Center Advisory Board 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 43 of 124 CITY OF LAKEVILLE RESOLUTION NO. 24-___ RESOLUTION APPROVING CHANGES TO THE LAKEVILLE AREA ARTS CENTER ADVISORY BOARD WHEREAS, Resolution No. 07-77, confirming and defining the purpose, responsibilites, and terms of office for the Lakeville Area Arts Center Advisory Board was approved by the Lakeville City Council on May 7, 2007 and; NOW, THEREFORE, BE IT RESOLVED that the composition of the Lakeville Area Arts Center Advisory Board shall be amended to read as follows: MEMBERSHIP The Lakeville Area Arts Center Advisory Board shall consist of eight (8) members and one (1) alternate member. The Arts Center Manager and the Lakeville Chamber of Commerce Director of Tourism are appointed ex-officio members (without privileges) of the Lakeville Area Arts Center Advisory Board. Alternate – The alternate shall act as a regular voting member in the absence of any regular member. The term of office for the alternate shall be for one (1) year. The alternate shall be a resident of the City of Lakeville. Board members shall serve without compensation. However, Board members may, with consent of the City Council, incur expense that is deemed necessary. Any member of the advisory board may be removed from office with or without cause by a 4/5 vote of the entire City Council. Terms of Office. Board members shall be appointed by the City Council for terms of three (3) years. ADOPTED by the Lakeville City Council this 18th day of March 2024. CITY OF LAKEVILLE ______________________________ Luke M. Hellier, Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 44 of 124 MINUTES CITY COUNCIL WORK SESSION February 26, 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; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director; Zach Johnson, City Engineer 2. Citizen Comments None. 3. Discussion Items a. City Council Compensation Ms. Miller provided an overview and background of City Council compensation. The City Council last discussed Mayor and Council compensation in 2018. Prior to that, compensation for the Mayor and City Council was last reviewed and adjusted on January 1, 1999. Ms. Miller provided compensation data from comparable cities. She added that if the City Council moves forward with any compensation change, it would not take effect until January 1, 2025. The Council discussed potential compensation adjustments but ultimately decided against any adjustments. The Council indicated that it would like to automatically review compensation every two years. b. County Road 50 and Interstate 35 Bridge and Interchange Improvements City Engineer Johnson provided an update on the County Road 50 and Interstate 35 bridge and interchange improvements. He stated that City and County staff continue to partner in efforts to advance the project. In addition, Mr. Johnson provided a progress update on active project elements including the Minnesota Department of Transportation's Interstate 35 Burnsville to Lakeville corridor study, Dakota County's request for proposal for preliminary engineering, and an overview of project funding applications. Page 45 of 124 City Council Work Session Minutes February 26, 2024 Page 2 c. Franchise Fees Ms. Miller provided an overview and background on franchise fees. Under Minnesota Statute 216B.36, cities can impose a fee on utility companies that use the public rights- of-way to deliver service. The City can determine the amount, structure, and use of franchise fees. She added that Lakeville currently has franchise agreements with all four utility providers, CenterPoint Energy, Minnesota Energy Resources Company, Xcel Energy, and Dakota Electric Association, that allow franchise fees to be implemented. She provided information on Lakeville's comparable market cities and their franchise fee rate structures. Some of the cities use franchise fees to fund pavement management, sustainability, or trail/park maintenance. Additionally, Ms. Miller provided possible funding targets. The Council discussed different rate structures and funding targets. The Council stated that it supports implementing franchise fees but would like to explore the rate levels further. The Council asked the Finance Committee to look into different rate structures and rate amounts and report back to the Council with its findings. The Council directed staff to begin conversations with the utility companies. 4. Items for Future Discussion None. 5. Committee/ City Administrator Updates Volk: Attended the Lakeville Arenas Board of Directors meeting. They have drafted a document to get an extended warranty on the outdoor rink. Arenas will also be sending out an RFP for naming rights on the outdoor rink. Lee: Attended the Public Safety Committee meeting. They discussed recruitment and equipment needs. Bermel: Attended the Dakota 911 Board of Directors meeting. The weather-related 911 outage is still being investigated. Citizen web reporting may be coming in the second half of 2024. 6. Adjourn Announcements: • Next Regular Meeting: March 4, 2024 • Next Work Session: March 25, 2024 Motion was made by Volk, seconded by Lee, to adjourn. Voice vote was taken on the motion. Ayes - Anonymous The meeting adjourned at 8:00 p.m. Page 46 of 124 City Council Work Session Minutes February 26, 2024 Page 3 Respectfully Submitted, __________________________________ Courtney Miller, Assistant to the City Administrator ____________________________ Luke M. Heller, Mayor Page 47 of 124 Date: 3/18/2024 Resolution Amending the 2023 MSA Fund Budget (CP24-04) Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Amending the 2023 Municipal State Aid Fund Budget for project CP24-04. Overview The City Council previously approved a JPA with Dakota County and awarded contracts to vendors for the extension of 185th Street, for which construction was substantially completed during 2023. Due to several partnerships involved in this project, including Dakota County, ISD 194 and Lennar, a detailed cost analysis was completed following substantial construction to verify appropriate amounts to bill the other entities. Staff has completed a review of the projects costs as well as determined appropriate split of internal funding sources. Staff is providing an update of costs to City Council and recommends authorization to allocate costs and/or transfer funding as needed between funds in 2023. Staff anticipates that the City will be receiving funds from ISD 194, and the developers of Caslano and Autumn Hills related to the 185th St improvements. When received from developers/ISD 194, the monies will be received into the appropriate funds based on where the related costs were recorded in 2023 (i.e. if developer is contributing to new water infrastructure, the related costs were recorded to the Water Trunk Fund, and therefore, the developer contribution will also be recorded to the Water Trunk Fund once received). Supporting Information 1. Resolution Amend 2023 MSA Fund Budget CP24-04 Financial Impact: $ various Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 48 of 124 CITY OF LAKEVILLE RESOLUTION NO. ____ Resolution Amending the 2023 Municipal State Aid Fund Budget (CP 24-04) WHEREAS, the City Council previously approved a JPA with Dakota County for construction of improvements to 185th St (CP24-04), for which construction has been substantially completed; and WHEREAS, the City has completed a review of costs by fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota, as follows: The estimated total cost of the project is $12,706,774, and is broken out by the cost types noted 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 costs below. ADOPTED by the Lakeville City Council this 18th day of March 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk T ot al cost s by f un d Fi n al est i m at e (Dec. 2023) MSA- Ci t y (advanced by Count y)2,989,192 MSA- Ci t y (not advanced by Count y)661,726 MSA-Dakot a Count y 5,575,103 St or mwat er I nfr ast r uct ur e 865,807 W at er Tr unk 1,237,442 Sani t ar y Sewer Tr unk 489,630 Par k Dedi cat ion 758,073 St r eet Li ght Oper at i ng 129,802 T ot al 12,706,774 Page 49 of 124 Date: 3/18/2024 Supplemental Agreements for Professional Services with WSB for Environmental Services Proposed Action Staff recommends adoption of the following motion: Move to approve WSB supplemental agreements for professional environmental services for the FiRST Center, City Project 23-30. Overview The City Council approved a professional services agreement with Leo A. Daly Architects for architectural services to develop plans for the FiRST Center on November 6, 2023. In support of facilitating site redevelopment, the City completed a Phase I Environmental Site Assessment (ESA) of the old Public Works Facility located at 7777 214th Street. The objective of the Phase 1 ESA was to identify "Recognized Environmental Conditions" (RECs) and reduce the risk and uncertainty of discovering hazardous or potentially hazardous materials or conditions as the project progresses. WSB's assessment revealed two RECs and one controlled REC. To assist in future environmental planning and demolition activities, WSB recommends completing a Phase II ESA. The proposed work will include subsurface borings, and the collection of soil, soil vapor and groundwater samples for laboratory analysis. The results will be used to determine if special management is required during redevelopment and construction. To assist in advancing the project through design, a geotechnical evaluation is proposed. The geotechnical report will identify the structural properties of the on-site soils, and the recommendations will be used by Leo A. Daly Architects in determining the design for building foundations, utility installations, stormwater management and pavement sections. WSB's supplemental agreements include the scope of services and estimated costs to provide professional environmental services for City Project 23-30 and are subject to the Master Services Agreement dated September 20, 2021. Supporting Information 1. 2024.02.29 WSB Proposal Phase II ESA 2. 2024.03.02 WSB Proposal Geotechnical Financial Impact: $66,450 Budgeted: Yes Source: Building Fund (Reimbursed by State Funds) Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Zach Johnson, City Engineer Page 50 of 124 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM February 29, 2024 Mr. Zach Johnson City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: Scope of Work and Cost – Phase II Environmental Site Assessment Proposed Lakeville Regional Public Safety Training Facility (FiRST Center) 7777 214th Street West Lakeville, MN 55044 Dear Mr. Johnson: As requested, outlined below is a scope of work and cost estimate to complete a Phase II Environmental Site Assessment (ESA) at 7777 214th Street West in Lakeville, Minnesota (Site). The Site is currently developed as a former public works facility which includes a commercial storage/office building, a water tower, communications tower, and associated storge sheds, an equipment storage yard, and asphalt drive/parking areas. WSB completed a Phase I ESA report for the Site dated January 29, 2024 (2024 Phase I ESA) which identified the following two recognized environmental conditions (RECs) and one controlled REC associated with Site: • REC-1: Vehicle and Equipment Maintenance • REC-2: Street Sweeping Materials Storage • CREC-1: Closed Petroleum Tank Leak (LS0005853) WSB understands a new Lakeville Regional Public Safety Training Facility, or FiRST Center is proposed at the Site which will include demolition of the existing Site building and construction of a new one- and two-story building that will measure approximately 120’ x 420’ and include shallow spread and strip footings. The purpose of the Phase II ESA is to determine if the RECs identified in the 2024 Phase I ESA have resulted in soil, groundwater and/or soil vapor impacts at the Site requiring special management during redevelopment. WSB understands the City of Lakeville (City) will use the Phase II ESA report for environmental planning and budgeting purposes. The following tasks are proposed as part of this scope of work: SOIL BORINGS WSB will advance push-probe soil borings at the Site and collect soil, groundwater, and soil vapor samples for laboratory analysis. The soil boring activities will include: • Complete private and public utility locates. • Advance 16 mechanical push-probe borings to 16 feet below grade for the collection of soil samples. • Install temporary monitoring wells at eight boring locations (half of the borings) for the collection of groundwater samples. • Advance 14 temporary soil vapor borings to four feet below grade (the majority will be within the existing building footprint) for the collection of soil vapor samples. • Screen soils using a photoionization detector (PID) equipped with a 10.6 eV lamp. • Record general soil classifications/observations on a field log. • Seal borings per Minnesota Department of Health (MDH) requirements. Page 51 of 124 Mr. Zach Johnson February 29, 2024 Page 2 SOIL, GROUNDWATER, AND SOIL VAPOR SAMPLING WSB will collect soil, groundwater, and soil vapor samples during the assessment. The samples will be collected in accordance with Minnesota Pollution Control Agency (MPCA) guidance and analyzed under a 7-10 business day standard turnaround timeframe. The samples will be analyzed for compounds commonly associated with the RECs identified in the 2024 Phase I ESA. The soil, groundwater, and soil vapor samples collected from the borings will be submitted to an MDH-certified analytical laboratory for analysis of the following: Soil • Diesel range organics (DRO) by the Wisconsin Modified Method (up to 24 samples) • Gasoline range organics (GRO) by the Wisconsin Modified Method (up to 24 samples) • Volatile organic compounds (VOCs) by EPA Method 8260D (up to 24 samples) • Resource Conservation and Recovery Act Metals (RCRA Metals) by EPA Method 6020B/7471B (up to 24 samples) • Polycyclic aromatic hydrocarbons (PAHs) by EPA Method 8270E SIM (up to six samples) Groundwater • DRO by the Wisconsin Modified Method (up to eight samples) • GRO by the Wisconsin Modified Method (up to eight samples) • VOCs by EPA Method 8260D (up to eight samples) • Dissolved RCRA Metals by EPA Method 6020B/7470A (up to eight samples) • PAHs by EPA Method 8270E SIM (up to two samples) Soil Vapor • VOCs by EPA Method TO-15, full scan (up to 14 samples) WSB will also collect soil samples from the street sweeping stockpile at the eastern portion of the Site to assist with waste characterization and/or management during redevelopment. The soil samples collected from the stockpile will be submitted to an MDH-certified analytical laboratory for analysis of the following: • DRO by the Wisconsin Modified Method (up to five grab samples) • GRO by the Wisconsin Modified Method (up to five grab samples) • VOCs by EPA Method 8260D (up to five grab samples) • RCRA Metals by EPA Method 6020B/7470A (up to one composite sample) REPORTING WSB will summarize the results of the Phase II ESA in a final report. At a minimum, the report will include the following: • Scope of work • Sample location map • Sample methods and procedures • Results tables and laboratory analytical reports • Investigation results • Recommendations (if requested by the City) • Conclusions ASSUMPTIONS The following items are assumed for this scope of work: Page 52 of 124 Mr. Zach Johnson February 29, 2024 Page 3 • Site access will be facilitated by the City. • Groundwater is present in the upper 12 feet below grade at the Site. • The soil and soil vapor borings will be completed at both exterior and interior locations. • The drill crew may damage sidewalks, slabs, parking areas, and/or lawn areas during normal drilling activities. The drilling subcontractor will patch concrete and asphalt as needed, but WSB will not be responsible for costs to restore any Site conditions. • We understand the proposed new building footprint totals approximately 50,400 square feet. If the building plans change at the time of the investigation, the number of soil vapor borings may need to be revised to comply with the MPCA’s vapor sampling guidance. • The City will provide WSB with electronic building/construction plans prior to drilling to ensure the soil and soil vapor borings target the proposed building footprint and excavation areas. • The street sweepings stockpile is assumed to total less than 4,000 cubic yards. If the stockpile is determined to be larger and/or if more than one stockpile is present at the time of the investigation, additional grab/composite samples will be required to comply with the MPCA’s soil stockpile sampling guidance. • WSB will contract an analytical testing firm for soil, groundwater, and soil vapor analysis. • WSB will contract an environmental drilling firm to complete the soil and soil vapor borings and the work will be completed in up to three working days. • Laboratory samples will be analyzed under a standard 7-10 business-day turnaround timeframe. • The Phase II ESA will be limited to the scoped boring locations and the magnitude and extent of contamination (if discovered) may not be defined. • A final report will be delivered within two weeks of receiving laboratory analytical results. • The City will provide one review/comment of the report. TOTAL COST The estimated cost to perform the above-described Phase II ESA is a lump sum fee of $28,450. ACCEPTANCE This proposal represents our understanding of the project scope. All work completed through this proposal will be governed by the Master Agreement between the City and WSB dated September 20th, 2021. If the scope and fee are acceptable, please sign on the space provided and return one copy to WSB. We are available to begin work once we receive signed authorization. WSB appreciates the opportunity of being considered for this project and we look forward to providing our professional services to you. If you have any questions about this proposal, please feel free to call Ryan Spencer at 612.723.3644. Sincerely, WSB Ryan Spencer, CHMM Ben Fehr Director of EIR Senior Environmental Scientist _____________________________________________________________________________ Enclosures WSB 2024 Rate Schedule Page 53 of 124 Mr. Zach Johnson February 29, 2024 Page 4 SIGNATURE I hereby authorize the above scope of work, schedule, and cost. _________________________________________ Name (Print) _________________________________________ Signature _________________________________________ Date Page 54 of 124 2024 Rate Schedule WSBENG.COM Billing Rate/Hour SR. PRINCIPAL | SR. ASSOCIATE $249 – $265 PRINCIPAL | ASSOCIATE $184 – $237 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $184 – $237 PROJECT MANAGER | PROJECT MANAGER ASSISTANT $90 – $180 PROJECT ENGINEER | GRADUATE ENGINEER $108 – $179 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $72 – $177 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $82 – $172 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $73 – $170 PLANNER | SR. PLANNER $85 – $177 GIS SPECIALIST | SR. GIS SPECIALIST $82 – $177 CONSTRUCTION OBSERVER $110 – $143 SURVEY Survey Office Technician $128 – $159 Drone Pilot $186 One-Person Crew $186 Two-Person Crew $250 OFFICE TECHNICIAN $64 – $140 Costs associated with word processing, cell phones and reproduction of common correspondence are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) serv ice rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include c osts associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. Page 55 of 124 G:\GROUP DATA\Materials\Mark\PROPOSAL - MARKETING\_PROPOSED\Lakeville - Public Works\proposal letter.docx540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG.COMMarch 2, 2024 Zach Johnson, PE City Engineer City of Lakeville, MN 20195 Holyoke Avenue Lakeville, MN 55044 Re: Supplemental Agreement: Geotechnical Evaluation Lakeville Regional Public Safety Training Facility (FiRST Center) 7777 214th Street West Lakeville, Minnesota Dear Mr. Johnson, Thank you for the opportunity to provide professional services for a geotechnical evaluation for the above referenced project. This lump sum fee proposal is in response to your RFP dated February 14, 2024 regarding geotechnical services. In this proposal, we present a description of our understanding of the project, an outline of the scope of work we are to provide, and a fee schedule and estimate of costs for our services. It is our understanding that this project consists of construction of a precast and structural steel one and two-story building that measures 120 feet by 420 feet. Column loads are expected to be approximately 75 kips and exterior wall footing loads approximately 12 kips per linear foot. A. Project Objectives Based upon our experience with similar projects the objectives of our geotechnical services are to perform subsurface borings, classify and analyze the soil samples, discuss groundwater issues, perform laboratory testing on the soils, and prepare recommendations for foundation design, backfill, utility installation, infiltration rates, and pavement sections. B. Scope of Basic Services Based on our understanding of the project we proposed the following scope of services: 1. Site Access Based on a review of the information you provided it appears that the site will require an off road drill rig for site access. We will utilize our ATV drilling rig that will be delivering to the site by our semi-truck rig and trailer. These vehicles will be parked onsite while field services are completed. 2. Bore Hole Locating and Gopher State One Call WSB will stake the proposed bore hole locations using existing structures as guides. If approximate bore hole locations are not acceptable and more precise locations are required by the design team we recommend the use of Survey GPS technology to aid in staking the borings. Additional information such as CAD files for this project will be necessary to tie the GPS information to this project. Page 56 of 124 FiRST Center March 2, 2024 Page 2 Prior to sending a drill rig to the site WSB will contact Gopher State One Call (GSOC) and have them request public underground utility owners mark and clear our proposed bore hole locations of their utilities. If there are private underground utilities that are not located by GSOC, you must notify WSB immediately. WSB will take reasonable precautions to avoid underground facilities. 3. Subsurface Test Borings We propose to complete 30 standard penetration test borings to depths of 10 to 20 feet below grade. In the standard penetration test borings we will sample and record blow counts at 2½ foot intervals to 15 foot depths and then at 5 foot intervals to the boreholes termination depth. The stormwater management borings will be continuous drilled to depths of 15 feet. If unsuitable soils (existing fill, organic soils, etc.) are encountered at the proposed boring termination depth(s), it will be necessary to extend the borings into more competent materials. This will allow us to better evaluate potential construction issues. An additional charge of $25 per lineal foot will be assessed for borings extended beyond their proposed termination depths. If the added work requires an additional mobilization to the site it will be charged at $500 per day. In Minnesota, a boring that is deeper than 15 feet and sealed within 72 hours is considered a temporary boring / environmental well and requires Well Sealing Records be submitted to the Minnesota Department of Health. If the temporary boring / environmental well is extended to depths of more than 25 feet, a Construction Notification form and Fee are required. WSB will fill out the MDH notification and sealing record forms and sign on behalf of the owner unless directed otherwise. 4. Schedule, Bore Hole Samples and Laboratory Testing Based on our current drilling backlog, we anticipate that we can mobilize our truck mounted auger drill to the site in about 1 – 2 weeks from the time that written authorization is provided. Laboratory work and report preparation will take about 2 weeks following completion of the field work. It should be noted that this schedule may change based on timing of authorization, site conditions and other factors. Should our anticipated schedule change we will let you know within 48 hours of the change. Samples retrieved during drilling will be returned to our laboratory where they will be reviewed, classified using the Unified Soil Classification System (USCS) and logged under the direction of a geotechnical engineer. Select samples will be set aside for laboratory testing which will include moisture content, proctor moisture-density, #200 wash gradations, Atterberg limits, soils gradations, and hydrometers. Such tests will aid in determining soil classification and properties and potential behavior characteristics to help guide our recommendations. 5. Geotechnical Engineering Report Information gathered for this project will be used to prepare a geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and groundwater conditions encountered in our borings and how they may affect the proposed construction of foundations, subsurface walls, slabs and pavements. The report will also provide recommendations for an allowable soil bearing pressure for Page 57 of 124 FiRST Center March 2, 2024 Page 3 footing design, along with estimates of ground water depths/elevations and settlement under the assumed structural loads, site grading, and a discussion of soils for use as structural fill and site fill. We will provide you and any identified members of your design/project team with a PDF copy of our geotechnical report. If requested, we will also provide you with an original hard copy. This geotechnical proposal is presented for engineering services to determine the structural properties of the soil at the specified site. It does not cover an environmental assessment of the site, or environmental testing of the soil or groundwater. 6. Fee Our lump sum fee is provided below. Services Estimated Cost 30 Standard Penetration Borings to depths of 10 to 20 feet, Mobilization/Demobilization, Project Management and Administration, Gopher State Utility Clearance, Soil Classification, Boring Logs, Laboratory Testing, Geotechnical Report, Consumables $ 38,000.00 Additional Costs Rock Cores – 5 foot depth (as required by the RFP) Additional Boring Depth $1,000 per 5 feet $25 / linear foot LUMP SUM COST $38,000.00 + Any Additional Costs If additional borings or deeper borings are needed, or if engineering and testing are requested beyond that necessary for preparation of our report (post-report consultation, report revision due to changes in building design or location, specification review, or pre- construction meetings), the increase in our fees will be in accordance with the rates previously indicated or at the unit prices shown on the enclosed Rate Schedule for hourly services. If you have any questions regarding our scope of services or how they may be modified to meet your project needs please feel free to give us a call to discuss. C. Closure This letter represents our complete understanding of the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to my attention. If you have any questions about this proposal, please feel free to call Mark Osborn at 507.649.0381. WSB can also provide construction monitoring, testing and inspections for this project including double ring infiltration of the stormwater areas. If you would like any of these services please contact us. The fee structure will follow the existing Master Service Agreement. Page 58 of 124 FiRST Center March 2, 2024 Page 4 WSB appreciates the opportunity of being considered for this project and we look forward to providing our professional services to you. Sincerely, WSB Mark Osborn, PE Director of Geotechnical Engineering ACCEPTED BY: Name (print) _______________________ Signature _______________________________ Company _______________________________ Title Date Page 59 of 124 Date: 3/18/2024 Award of Contract for the 2024 Miscellaneous Roadway Repairs and Overlays Project Proposed Action Staff recommends adoption of the following motion: Move to 1) award construction contract to Northwest Asphalt, Inc, for the 2024 Miscellaneous Roadway Repairs and Overlays, City Project 24-01, 2) approve proposal from Braun Intertec for professional services, 3) approve Permeable Paver quote from Creative Scapes Landscaping, 4) approve change order #1 and 5) approve resolution authorizing funding. Overview As part of the Pavement Management Plan and in alliance with the ADA Transition Plan the City annually completes a maintenance project designed to protect the City’s investment in public infrastructure. Proposed improvements for this year's Miscellaneous Project include roadway milling & overlay, roadway patching, select curb and gutter replacement, sidewalk and ADA pedestrian ramp improvements, trail rehabilitation and improvements, drain tile installations and storm sewer maintenance. This year’s project is comprised of multiple smaller projects throughout the City that are combined to attain cost and construction efficiencies while minimizing impacts to residents and businesses. There are no assessments associated with this project. On Tuesday, February 27, 2024, at 10:30 a.m., the City received five bids for City Project 24-01 ranging from the low bid of $1,565,436.20 submitted by Northwest Asphalt, Inc. to a high bid of $1,779,568.15. Staff also solicited quotes for specialized permeable paver work at the Galaxie Liquor Store Parking Lot to be completed in conjunction with the Miscellaneous Project. Two quotes were received for this work. Creative Scapes Landscaping Inc. provided the most cost- effective quote in the amount of $30,100.00. Braun Intertec submitted a professional services quote in the amount of $28,948.00 for all geotechnical investigation and testing services. With the bid prices received, staff saw an opportunity to gain further cost benefits by expanding the project area and aims to rehabilitate adjacent streets to as-bid work in need of repair. Change order #1 represents those cost advantages as the contractor has agreed to complete the additional work for unit bid prices. The Contingency (5%) and indirect costs which include engineering design, preliminary geotechnical investigation, materials testing, surveying, construction inspection and administration are estimated to be $333,027 for a total project cost of $2,099,323. The total project cost is 20.5% below the CIP/budgeted amounts for the project including the proposed change order. The project was designed in-house and is planned to be administered and inspected by city staff. Staff has reviewed all bids, quotes and professional services proposals Page 60 of 124 and finds all acceptable and subsequently recommends award and approval. Supporting Information 1. Project Financing Summary 2. Bid Summary 3. Northwest Asphalt Agreement 4. Braun Materials Testing Proposal 5. Creative Scapes Quote 6. Change Order #1 7. Budget Resolution Financial Impact: $2,099,323 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Ferraro, Public Works Coordinator Page 61 of 124 Project Financing Funding for the project was programmed in the 2024-2028 CIP. The following is a breakdown of the anticipated costs. •Project Costs: Total •Project Costs: Financing •Project Costs: 2024 CIP/Budget vs. Actual Bid Results * Change Order #1 included in this figure Cost Type A m oun t Const ructi on Cont ract 1,736,596$ Engi neer i ng/desi gn/sur vey cost s 242,902 Bondi ng cost s - Cont i ngency (5% of cont r act )86,800 Ot her cost s 33,025 2,099,323$ Fundi n g Sour ces Tot al Ci t y of Lakevi l l e (propert y t axes)1,397,562$ Wat er Operat i ng Fund 15,439 Sani t ary Sewer Operat i ng Fund 53,996 St or mwat er I nf rastructure Fund 65,345 Envi r onmental Resources Fund 19,781 Park I mprovement Fund 120,147 Li quor Fund (Gal axi e st or e parki ng l ot )208,720 Tr ai l I mpr ovement Fund 218,335 Tot al 2,099,323$ Feasi bi l i t y A ct ual D i ff er en ce Ci t y of Lakevi l l e (Pavement M anagment )*1,675,000$ 1,397,562$ -16.6% Wat er Operat i ng Fund 100,000 15,439 -84.6% Sani tar y Sewer Oper at i ng Fund*100,000 53,996 -46.0% Stor mwat er I nf rast r uct ure Fund -65,345 n/a Envi ronment al Resour ces Fund 75,000 19,781 -73.6% Park I mpr ovement Fund 150,000 120,147 -19.9% T rai l I mpr ovement Fund 475,000 218,335 -54.0% Li quor Fund (Gal axi e stor e parking l ot )65,000 208,720 221.1% Tot al 2,640,000$ 2,099,323$ -20.5% Page 62 of 124 The adopted Lakeville 5-year Capital Improvement Plan/Budget (2024-2028) programs an estimated total project cost of $2,640,000. The Bid Results in the tables above show a lower amount including contingency and indirect costs. This project is in line with the adopted 2024 CIP/Budget amounts for the project. Page 63 of 124 2024 City of Lakeville Miscellaneous Roadway Repairs and Overlays City Project # 24-01 Bid Opening Summary February 27th, 2024 10:30 am Contractor Acknowledge Addendums Bid Bond 5% Non- Collusion Responsible Contractor Base Bid Total Bid Northwest Asphalt, Inc.X X X X $1,565,436.20 $1,565,436.20 McNamara Contracting Inc X X X X $1,693,460.25 $1,693,460.25 OMG Midwest Inc.X X X X $1,693,569.29 $1,693,569.29 GMH ASPHALT CORPORATION X X X X $1,779,568.15 $1,779,568.15 Page 64 of 124 Page 65 of 124 Page 66 of 124 Page 67 of 124 Page 68 of 124 Page 69 of 124 Page 70 of 124 Page 71 of 124 AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com March 12, 2024 Proposal QTB192723 Mr. Stephen Ferraro City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: Proposal for Construction Materials Testing Services 2024 Miscellaneous Road Repairs and Overlays City Improvements Project No. 24-01 Various Locations Lakeville, Minnesota Dear Mr. Ferraro: Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing services for the 2024 Miscellaneous Road Repairs and Overlays Project in Lakeville, Minnesota. We have completed the geotechnical evaluation for this project, so we have a unique understanding of the site and construction challenges. We can aid the construction team by applying this experience and transferring our knowledge developed during the design phase which will provide professional continuity to the construction. Our work on the project to date gives us familiarity with the project team and design development which allows us to understand some of the considerations used when developing the project’s design. Since our inception in 1957, we have grown into one of the largest employee owned engineering firms in the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project We understand this project includes numerous repairs and overlays throughout the City of Lakeville. The following areas will be milled and overlaid with new bituminous: Stonebrooke Neighborhood, Galaxie Liquor Store parking lot, and Eagleview Drive west of 170th Street West. This project will also include full depth reclamation for trail improvements and the Valley Lake Park parking lot, as well as new concrete curb and gutter, sidewalk, and a driveway along with a new bituminous pavement. Minor improvements to the storm sewer utilities will also be part of this project. Available Project Information This proposal was prepared using the following documents and information. Project plans and specifications prepared by the City of Lakeville, dated February 2, 2024. Page 72 of 124 City of Lakeville Proposal QTB192723 March 12, 2024 Page 2 Project Addendum numbered 1, dated February 23, 2024 Discussions with Stephen Ferraro with the City of Lakeville regarding requirements for coring of bituminous non-wear course. Scope of Services Services are performed under the direction of a licensed professional engineer. Observation and testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or your on- site project representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. Soil Related Services Observe and evaluate the soils exposed in the bottoms of excavations to determine if the soils are similar to those encountered with the geotechnical evaluation and suitable for support pavements. Our engineer can provide consultation for conditions that appear to differ from the geotechnical evaluation. Measure the in-place dry density, moisture content and relative compaction of fill placed for utility backfill for compliance with the project documents. This task includes performing laboratory Proctor tests to provide maximum dry densities from which the relative compaction of fill can be determined, as well as the use of a nuclear density gauge to measure in-place dry densities and moisture contents. Provide test-roll observations of the pavement full depth reclamation to determine if the materials tested are capable of supporting bituminous pavement. Sample and test full depth reclamation material for compliance with the project documents. This task includes laboratory gradation testing of aggregate base material. Perform MnDOT full depth dynamic cone penetrometer (DCP) tests on full depth reclamation material. Concrete Related Services Sample and test fresh concrete associated with pavement and/or curb-and-gutter for compliance with the project documents, and cast test cylinders for laboratory compressive strength testing. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us. Measure and report the compressive strength of the concrete test cylinders for compliance with the project documents. A set of three cylinders will be tested at 28 days for each set cast. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. We have assumed eighteen additional cylinders for field cure purposes for this project which can be made upon the request of the onsite inspector. Page 73 of 124 City of Lakeville Proposal QTB192723 March 12, 2024 Page 3 Bituminous Related Services Sample and test bituminous pavement materials for compliance with the project documents. This task includes Rice specific gravity, Gyratory density, fine aggregate angularity, percent crushed, asphalt content and extracted aggregate gradation tests of the bituminous. Measure the in-place wet density of the fresh bituminous with a nuclear density gauge to observe and document the contractor’s growth curve for their roll pattern. Consulting, Project Communication and Reporting Services Project management, including scheduling of our field personnel. Review observation and test reports, and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed. Transmit test results to the project team on a weekly basis. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include: We assume it will take two trips to complete the nuclear density gauge testing of soils on this project. We assume compaction testing on full depth reclamation material will be performed using the Dynamic Cone Penetration (DCP) method; a minimum of two tests will be conducted each trip with two trips assumed. We assume ten sets of concrete tests will be required to complete the project. We assume the rebar observations before concrete placements will be completed by the project representative’s construction oversight manager. We assume bituminous paving will be completed in thirteen days for this project. We assume the project engineer of record will review and approve contractor’s quality control submittals and test results. You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work. Page 74 of 124 City of Lakeville Proposal QTB192723 March 12, 2024 Page 4 We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Cost and Invoicing We will furnish the services described herein for an estimated fee of $28,948. Our estimated costs are based on industry averages for construction production. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges based on conversations with the contractor. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. Page 75 of 124 City of Lakeville Proposal QTB192723 March 12, 2024 Page 5 Our services will be provided under the terms of the Master Agreement for Professional Engineering Services dated September 20, 2021. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Colin Keane at 612.704.2674 (ckeane@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Colin M. Keane Staff Engineer Andrew M. Valerius Account Leader, Senior Project Manager Matthew P. Ruble, PE Vice President, Principal Engineer Attachment: Cost Estimate Table The proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date Page 76 of 124 Client:Service Description:Work Site Address: Various Locations Thoughout City Lakeville, MN 55044 City of Lakeville Stephen Ferraro 20195 Holyoke Ave Lakeville, MN 55044 (952) 985-4400 Construction Materials Testing Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing Activity 1.1 Soil Testing $3,216.00 207 Compaction Testing - Nuclear 5.00 Hour 82.00 $410.00 Work Activity Detail Qty Units Hrs/Unit Extension Storm Sewer Backfill 2.00 Trips 2.50 5.00 1308 Nuclear moisture-density meter charge, per hour 5.00 Each 24.00 $120.00 1861 CMT Trip Charge 8.00 Each 25.00 $200.00 217 Compaction Testing - DCP's 6.00 Hour 82.00 $492.00 Work Activity Detail Qty Units Hrs/Unit Extension Full Depth Reclamation 2.00 Trips 3.00 6.00 1530AG Asphalt Content of Aggregate Base, per sample 1.00 Each 150.00 $150.00 209 Sample pick-up 3.00 Hour 82.00 $246.00 Work Activity Detail Qty Units Hrs/Unit Extension Full Depth Reclamation 2.00 Trips 1.50 3.00 1318 Moisture Density Relationship (Proctor)2.00 Each 185.00 $370.00 126 Project Engineer 2.00 Hour 160.00 $320.00 1162 Sieve Analysis with 200 wash, per sample 2.00 Each 136.00 $272.00 Work Activity Detail Qty Units Hrs/Unit Extension Full Depth Reclamation 2.00 Each 1.00 2.00 211 Proofroll Observations 6.00 Hour 106.00 $636.00 Work Activity Detail Qty Units Hrs/Unit Extension Full Depth Reclamation 2.00 Trips 3.00 6.00 Activity 1.2 Concrete Testing $8,088.00 261 Concrete Testing 50.00 Hour 82.00 $4,100.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb and Gutter 10.00 Trips 2.50 25.00 Flatwork 10.00 Trips 2.50 25.00 1861 CMT Trip Charge 30.00 Each 25.00 $750.00 1364 Compressive strength of concrete cylinders, per specimen 78.00 Each 31.00 $2,418.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb and Gutter 10.00 Sets 3.00 30.00 Flatwork 10.00 Sets 3.00 30.00 Field Cures (As requested by onsite inspector)18.00 Sets 1.00 18.00 278 Concrete Cylinder Pick up 10.00 Hour 82.00 $820.00 Work Activity Detail Qty Units Hrs/Unit Extension Concrete Cylinder Pickup 10.00 Trips 1.00 10.00 Activity 1.3 Pavement Testing $13,286.00 2689 MnDOT Bituminous Verification, per sample 13.00 Each 679.00 $8,827.00 Page 1 of 203/12/2024 03:50 PM Project Proposal QTB192723 City of Lakeville - 2024 Road Repairs & Overlays CP 24-01 Page 77 of 124 Proposal Total:$28,948.00 207 Compaction Testing - Nuclear 39.00 Hour 82.00 $3,198.00 Work Activity Detail Qty Units Hrs/Unit Extension Roll Pattern / Mixture Sample Pickup 13.00 Trips 3.00 39.00 1861 CMT Trip Charge 13.00 Each 25.00 $325.00 1308 Nuclear moisture-density meter charge, per hour 39.00 Each 24.00 $936.00 Activity 1.4 Project Management $4,358.00 226 Project Manager 18.00 Hour 160.00 $2,880.00 228 Senior Project Manager 4.00 Hour 185.00 $740.00 238 Project Assistant 9.00 Hour 82.00 $738.00 Phase 1 Total:$28,948.00 Page 2 of 203/12/2024 03:50 PM Project Proposal QTB192723 City of Lakeville - 2024 Road Repairs & Overlays CP 24-01 Page 78 of 124 3795 McKnight Road • Chaska, MN 55318 • c: 952.292.6700 info@creativescapes.biz • www.creativescapes.biz Name: Lakeville Liquors (Attn: Steve Ferraro) Date: 3/5/2024 Address: 16000 Galaxie Ave. Rosemount, MN 55068 Phone Number: 612.718.3985 Description of Work ESTIMATE Prices Removal: - Pickup all existing pavers and stack on pallets to be saved for future use - Shrink wrap pallets and deliver to city storage area Paver Options: - Option A: County Materials Rejuvenate Permeable Paver (22 pallets = 1,696.64 square feet) color tbd - Delivery Installation: - Install approximately 1,600 square feet of permeable pavers with proper materials and elevations Sealer & Installation: - 8 gallons of pre wash paver cleaner and penetrator - 11 gallons of SRW Dual Guard (Solvent Based) Sealer - Clean surface area, apply two coats of sealer $2,900.00 $14,450.00 $10,250.00 $2,500.00 Total *Estimates Only Valid For Thirty Days $30,100.00 Thank you! Page 79 of 124 Page 80 of 124 Page 81 of 124 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Authorizing Funding and 2024 Budget Amendments and Transfers 2024 Miscellaneous Roadway Repairs, City Project 24-01 WHEREAS, 2024 Miscellaneous Roadway Repairs and Overlays, City Project 24-01, is programmed in the adopted Lakeville 5-year Capital Improvement Plan (2024-2028). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota: The estimated project cost is $2,099,323 and anticipated funding sources are listed below. City staff is hereby authorized to amend the 2024 budgets (if needed as the project is completed) and make the appropriate transfers between funds with respect to the project funding sources up to 10% above the estimated costs. Funding transfers may include loans between funds to cover engineering and other costs incurred on the project in advance of receiving other funding. ADOPTED by the Lakeville City Council this 18th day of March 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Fundi n g Sour ces Tot al Ci t y of Lakevi l l e (propert y t axes)1,397,562$ Wat er Operat i ng Fund 15,439 Sani t ary Sewer Operat i ng Fund 53,996 St or mwat er I nf rastructure Fund 65,345 Envi r onmental Resources Fund 19,781 Park I mprovement Fund 120,147 Li quor Fund (Gal axi e st or e parki ng l ot )208,720 Tr ai l I mpr ovement Fund 218,335 Tot al 2,099,323$ Page 82 of 124 Date: 3/18/2024 Urgent/Vet Conditional Use Permit Proposed Action Staff recommends adoption of the following motion: Move to approve the UrgentVet Clinic conditional use permit and adopt the findings of fact. Overview Representatives of UrgentVet animal clinic have submitted an application and plans for a conditional use permit to allow an urgent care animal clinic in the Argonne Village multi-tenant shopping center building located at 17698 Kenwood Trail. The veterinary clinic is proposed to occupy 2,780 square feet of an existing multi-tenant commercial building in the Argonne Village shopping center. The subject property is zoned PUD, Planned Unit Development District, subject to the performance standards outlined in the C-3, General Commercial District. Section 11-73-7.Q of the Zoning Ordinance allows veterinary clinics by conditional use permit. The Planning Commission held a public hearing on the conditional use permit at its March 7, 2024, meeting. The Planning Commission recommended unanimous approval of the conditional use permit subject to three stipulations. There was no public comment. Supporting Information 1. Urgent Vet Clinic CUP & Findings of Fact Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, AICP, Associate Planner Page 83 of 124 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 24-___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit to AVG of Minnesota, LLC, dba UrgentVet to allow an animal clinic in the PUD, Planned Unit Development District of Argonne Village to be located at 17698 Kenwood Trail. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lots 4, Block 1, Argonne Village 3. Conditions. This conditional use permit is issued subject to the following conditions: a) The floor plan and remodeling shall be consistent with the plan and narrative described in the application and approved by the City Council to ensure compliance with Zoning Ordinance requirements. b) A building permit shall be issued prior to commencing interior alterations on the building interior that require a permit. c) A sign permit shall be obtained prior to installation of any signage. 4. Revocation. The City may revoke the conditional use permit for cause upon determination that the conditional use permit is not in conformance with the conditions of the permit or is in continued violation of the city code or other applicable regulations. Page 84 of 124 2 5. Expiration. This conditional use permit shall expire unless the applicant commences the authorized use within one year of the date of this conditional use permit unless an extension is approved by the Zoning Administrator. Dated: March 18, 2024 BY: ________________________ Luke M. Hellier, Mayor BY:________________________ Ann Orlofsky, City Clerk SEAL STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 18th day of March 2024 by Luke M. Hellier, Mayor and by Ann Orlofsky, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 85 of 124 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AVG OF MINNESOTA, LLC CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On March 7, 2024 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of AVG of Minnesota, LLC (UrgentVet) for a conditional use permit to allow a veterinary clinic at 17698 Kenwood Trail. The Planning Commission conducted a public hearing on the proposed conditional use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The property is zoned PUD, Planned Unit Development District. 2. The property is located in Planning District No. 1 and is classified as Commercial on the Comprehensive Land Use Plan. 3. The legal description of the property is: Lot 4, Block 1, Argonne Village 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the Official City Comprehensive Plan. The proposed veterinary clinic is consistent with the policies and provisions of Planning District 1 of the Comprehensive Land Use Plan. b) The proposed use is or will be compatible with future land uses of the area. The proposed veterinary clinic is compatible with existing land uses in the area. Page 86 of 124 2 c) The proposed use conforms with all performance standards contained in the Zoning Ordinance and the City Code. The veterinary clinic will conform with all performance standards set forth in the Zoning Ordinance given compliance with the approved conditional use permit. d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed veterinary clinic will be served with existing public services. e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generation will not significantly increase due to the proposed veterinary clinic and can be accommodated by the adjacent public streets. 5. The planning report dated March 1, 2024 prepared by Associate Planner Frank Dempsey is incorporated herein. DECISION The City Council approves the conditional use permit in the form attached thereto. Dated: March 18, 2024 City of Lakeville BY: ___________________________ Luke M. Hellier, Mayor BY: ___________________________ Ann Orlofsky, City Clerk Page 87 of 124 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES March 7, 2024 Chair Majorowicz called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Chair Jenna Majorowicz, Vice Chair Christine Zimmer (arrived at 6:02) , Pat Kaluza, Brooks Lillehei, Jason Swenson, Patti Zuzek, Ex-Officio Jeff Hanson Members Absent: Scott Einck Staff Present: Kris Jenson, Planning Manager; Frank Dempsey, Associate Planner; Tina Morrow, Recording Secretary 3. Approval of the Meeting Minutes The January 4, 2024 Planning Commission meeting minutes and the February 8, 2024 Planning Commission work session minutes were approved as presented. 4. Announcements Planning Manger Kris Jenson announced that the Planning Commissioners will receive an email invitation to a joint session discussion regarding the Lakeville Housing Market update with EDC members and the City Council for March 25, 2024 at the Lakeville Water Treatment Center. The guest speaker will be David Avaded, Director of Research at the Minneapolis Area Realtors. 5. AVG of Minnesota, LLC (Urgent Vet) Chair Majorowicz opened the public hearing to consider the application of AVG of Minnesota, LLC for a conditional use permit to allow a veterinary clinic in the Argonne Village PUD, Planned Unit Development as permitted in the C-3, General Commercial District, located at 17698 Kenwood Trail. Shana Conklin representing AVG of Minnesota, LLC presented a brief overview of the project. Planner Associate Frank Dempsey presented the planning report. Mr. Dempsey stated the applicant has submitted a conditional use permit application and plans for a veterinary clinic. The veterinary clinic is proposed to occupy 2,780 square feet of an existing multi-tenant commercial building in the Argonne Village shopping center. Mr. Dempsey outlined the proposed floor plan, and the requirements pertaining to the City code. Page 88 of 124 Planning Commission Meeting Minutes, March 7, 2024 Page 2 Community Development staff recommends approval of the Urgent Vet conditional use permit subject to the following stipulations, subject to the three stipulations listed in the March 1, 2024 planning report. Chair Majorowicz opened the hearing to the public for comment. Motion was made by Kaluza, seconded by Lillehei to close the public hearing at 6:09 p.m. Voice vote was taken on the motion. Ayes – unanimous. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Commissioner Zuzek asked what are the hours of operation? No hours were indicated at this time. • What is the plan for pet odor control? Mr. Dempsey will follow up and provide more information regarding this question. Motion was made by Lillehei, seconded by Swenson to recommend to City Council approval of the Urgent Vet conditional use permit subject to the following stipulations: 1. The floor plan and remodeling shall be consistent with the plan and narrative described in the application and approved by the City Council to ensure compliance with Zoning Ordinance requirements. 2. A building permit shall be issued prior to commencing interior alterations on the building interior that require a permit. 3. A sign permit shall be obtained prior to installation of any signage. Ayes: Zuzek, Kaluza, Lillehei, Majorowicz, Zimmer, Swenson Nays: 0 There being no further business, the meeting was adjourned at 6:14 p.m. Respectfully submitted, Tina Morrow, Recording Secretary Page 89 of 124 City of Lakeville Community Development Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: March 1, 2024 Subject: Packet Material for the March 7, 2024 Planning Commission Meeting Agenda Item: AVG of Minnesota, LLC (UrgentVet) Conditional Use Permit Action Deadline: April 16, 2024 INTRODUCTION Representatives of AVG Minnesota, LLC (UrgentVet) veterinary clinic have submitted a conditional use permit application and plans for a veterinary clinic to be located at 17698 Kenwood Trail. The veterinary clinic is proposed to occupy 2,780 square feet of an existing multi-tenant commercial building in the Argonne Village shopping center. The subject property is zoned PUD, Planned Unit Development District subject to the performance standards outlined in the C-3, General Commercial District. Section 11-73-7.Q of the Zoning Ordinance allows veterinary clinics by conditional use permit subject to certain criteria to be addressed further in this planning report. EXHIBITS The following exhibits are attached for your reference: A. Aerial Location Map B. Zoning Map C. Applicant’s Summary Narrative D. Argonne Village Site Plan E. Veterinary Clinic Floor Plan Page 90 of 124 2 Surrounding Land Uses and Zoning North – Argonne Village Commercial Properties (PUD District) South – Argonne Village and Hoppe Marketplace Commercial Properties (PUD District) East – Junelle Path and Dakota County Senior Living Apartments (O-R District) West – Argonne Village Commercial Properties (PUD District) PLANNING A NALYSIS The subject Argonne Village property consists of a 103,070 square foot multi-tenant commercial building, including CUB Foods. The property is 10.7 acres in area and consists of a parking lot to accommodate all the commercial tenant spaces in the building. The proposed veterinary clinic floor plan has been reviewed for compliance with Zoning Ordinance performance standards for veterinary clinics as outlined in Section 11-73-7.Q as follows: 1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. The business narrative indicates that the UrgentVet clinic will operate as a drop-in urgent care for pets that may need immediate care without the need for an appointment. The wall design and ceiling plan is proposed to be augmented with soundproofing materials as required by the Zoning Ordinance. The floor plan identifies the various rooms including waiting, exam, office, and restrooms. 2. Animal carcasses are properly disposed of in a manner not utilizing on site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. An animal morgue consisting of a freezer to hold the carcasses will be included in the plans. A veterinary services provider will properly dispose of animal carcasses. 3. An animal kennel is permitted as a use accessory to the veterinary clinic provided that certain conditions are met. Animals will not be kenneled on site. 4. There shall be adequate physical separation within a multiple occupancy building between the veterinary clinic and other individual tenant spaces to protect public health and safety. Page 91 of 124 3 The wall design and floor plan show a separation of the utility room, storage, staff lounge and office areas from the shared demising walls and a separation of the animal area. Sound attenuation materials on the walls and ceiling will provide additional sound buffering. Applicant Narrative. The applicant submitted a detailed narrative (Exhibit C) of the proposed veterinary clinic and operations as well as providing responses to the conditional use permit criteria for veterinary clinics and the conditional use permit findings of fact. Staff has reviewed the narrative and has determined that the points made are consistent with Zoning Ordinance requirements as noted. Required Building and Parking Lot Setbacks. The existing building meets all setback and parking requirements for a commercial use of the building. No exterior site or building alterations are proposed other than business signage. Floor Plan. The building floor plan describes the various rooms and interior uses within the 2,780 square foot veterinary clinic space. Proposed are six exam rooms, an x-ray room, a comfort room, and a laboratory. Signs. A new business signs will require a permit prior to installation and compliance with Chapter 23 of the Zoning Ordinance. RECOMMENDATION Planning Department staff recommends approval of the UrgentVet conditional use permit subject to the following stipulations: 1. The floor plan and remodeling shall be consistent with the plan and narrative described in the application and approved by the City Council to ensure compliance with Zoning Ordinance requirements. 2. A building permit shall be issued prior to commencing interior alterations on the building interior that require a permit. 3. A sign permit shall be obtained prior to installation of any signage. Findings of fact for approval of the conditional use permit request are attached. Page 92 of 124 CUB Foods EXHIBIT A Page 93 of 124 PUD EXHIBIT B Page 94 of 124 February 14, 2024 Via Overnight Delivery and Email Frank Dempsey, AICP, Associate Planner City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 fdempsey@lakevillemn.gov RE: Narrative Supporting Conditional Use Permit Application for Veterinary Clinic at 17698 Kenwood Trail, Suite 10, Lakeville, MN 55044 Dear Mr. Dempsey: BACKGROUND We are writing on behalf of AVG OF Minnesota LLC, a Minnesota limited liability company (“Applicant”), with regard to the property located at 17698 Kenwood Trail, Suite 10, Lakeville, MN 55044 (“Property”). The Applicant seeks a conditional use permit to allow the Property to be used as a veterinary clinic. The Applicant will be the tenant of the Property. The fee simple owner and landlord of the Property is 17756 Kenwood Trail LLC, a Minnesota limited liability company (“Property Owner”). The Property Owner has joined in this application. Based upon the records maintained online of the Dakota County Treasurer-Auditor, Applicant certifies to Applicant’s actual knowledge that there are no delinquent property taxes, special assessments, interest, or City utility fees due on the Property. We believe that we have satisfied all required CUP standards but note that since the Property is already fully developed, some of the requirements may have been addressed in the initial PUD and entitlements for the Property. I.SPECIFIC PERFORMANCE STANDARDS Applicant seeks a conditional use permit for the use of veterinary clinic in accordance with Lakeville City Code § 11-73-7(Q). A veterinary clinic must meet specific performance standards, outlined as follows: 1)All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. Lakeville City Code § 11-73-7(Q)(1). a)Indoor Confinement. The Life Safety Plan, located on Sheet Number A-011, of the plan set prepared by Nelson Architecture & Interiors, Inc. (“Nelson”) depicts the areas in EXHIBIT C Page 95 of 124 February 14, 2024 Page 2 which animals will be confined at the veterinary clinic. There are a total of six (6) exam rooms, an x-ray room, a comfort room, and a laboratory. As shown on the Life Safety Plan, all areas in which animals will be confined are located indoors. b) Proper Soundproofing From Adjacent Properties. The adjacent properties are part of the same commercial shopping center, commonly known as Argonne Village Shopping Center. The Property is not located directly next to residential property, provided that a high-density residential district is separated from the Property by Junelle Path. The demising walls for the existing tenants on either side of the Property are already properly soundproofed. The Applicant will be adding soundproofing materials to the ceiling as well. The Construction Plan, located on Sheet Number A-111, of the plan set prepared by Nelson provides that 42 inches of Sound Batt Insulation (or better) will be installed. This material will reduce sound transfer across surfaces and appropriately soundproof the veterinary clinic from the adjacent properties. 2) Animal carcasses are properly disposed of in a manner not utilizing on site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. Lakeville City Code § 11-73-7(Q)(2). The Applicant will ensure that all animal carcasses within its possession and control are properly disposed of. The Applicant plans to contract with Gateway Services, Inc., or other appropriate vendors for pet after-care services. Gateway Services., Inc., provide freezers and pick-up of animal cadavers as well. The Applicant will properly refrigerate or freeze any remains during any period prior to disposal. The Applicant will not utilize on-site garbage facilities or incineration as a method of disposal of animal carcasses. 3) There shall be adequate physical separation within a multiple occupancy building between the veterinary clinic and other individual tenant spaces to protect public health and safety. Lakeville City Code § 11-73-7(Q)(4). The Property provides adequate physical separation from adjacent occupants in the Argonne Village Shopping Center. In particular, there is a separate entrance and exit to the Property that is not shared with any other occupant of the shopping center. The site plan does not raise any public health and safety concerns with the operation of a veterinary clinic at this Property. II. EVALUATION CRITERIA In addition to the specific performance standards outlined above, each conditional use permit application must be evaluated based on the possible effects of the proposed use in accordance with Lakeville City Code Sec. 11-4-3(E)(1)-(5). 1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan. Page 96 of 124 February 14, 2024 Page 3 The City’s 2040 Comprehensive Plan provides that the Property will remain zoned for commercial uses. The proposed action to allow a veterinary clinic pursuant to a conditional use permit is consistent with existing City policies and provisions. 2) The proposed use is or will be compatible with present and future land uses of the area. A veterinary clinic is compatible with the present and future land uses of the area. The Property is a part of the Argonne Village Shopping Center, which provides for a variety of commercial uses. 3) The proposed use conforms with all performance standards contained in this code. As explained in detail herein, the veterinary clinic meets all specific and general performance standards contained in the Lakeville City Code. 4) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. The proposed use as a veterinary clinic will be easily accommodated by the existing public services available to the Argonne Village Shopping Center. This use will not burden the City’s service capacity. 5) Traffic generation by the proposed use is within capabilities of streets serving the property. The traffic generated by the veterinary clinic will be consistent with the level of traffic generated by the other commercial uses at the Argonne Village Shopping Center. The Property is served by Kenwood Trail and 175th Street West, which are main roads in the City of Lakeville. These roads are fully capable of serving the traffic generated by the veterinary clinic. III. GENERAL PERFORMANCE STANDARDS A conditional use permit application must also meet general performance standards as set forth in Lakeville City Code § 11-4-7. A. The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided. As noted above in II.5, the Property is served by both Kenwood Trail and 175th Street West. These streets provide sufficient support to the type and volume of traffic that would be generated by the veterinary clinic. B. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with chapter 19 of this title. Page 97 of 124 February 14, 2024 Page 4 The overall site design for the Argonne Village Shopping Center is designed in a manner that minimizes internal and external traffic conflicts in accordance with Lakeville City Code. C. If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. The design for the Argonne Village Shopping Center provides safe passageways for pedestrians. This application for a veterinary clinic at the shopping center does not necessitate any further protection of pedestrian areas than already exists. D. Adequate off street parking and off street loading shall be provided in compliance with chapters 19 and 20 of this title. The Property has adequate off street parking and off street loading in accordance with the Lakeville City Code and in accordance with the requirements of the Planned Unit Development at Argonne Village Shopping Center. E. Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and provided in compliance with chapter 20 of this title. Loading areas within the Argonne Village Shopping Center are positioned to minimized internal access problems and maneuvering conflicts. There are no directly adjacent residential uses or districts, provided that there is a high-density residential district separated from the Property by Junelle Path. Allowing a veterinary clinic as a conditional use in the existing shopping center will not create any visual or noise impacts to this residential district. F. Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with chapter 21 of this title. The landscaping for the Argonne Village Shopping Center is governed by the PUD documents and complies with Chapter 21. The proposal to allow a veterinary clinic as a conditional use in this shopping center will not necessitate any additional screening or landscaping. G. General site screening and landscaping shall be provided in compliance with chapter 21 of this title. The general site screening and landscaping of the Argonne Village Shopping Center is governed by the PUD documents and compiles with Chapter 21. This proposal does not alter the general site screening or landscaping. H. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with section 11-16-17 of this title. Page 98 of 124 February 14, 2024 Page 5 This proposal will not result in the alteration of any exterior lighting at the Argonne Village Shopping Center. The existing exterior lighting at the site does not cast glare toward or onto the public right of way or neighboring residential district. I. Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with section 11-16-25 of this title. The proposed use of a veterinary clinic will not generate any unreasonable exterior noise. The veterinary clinic will perform all of its services on the interior of the Property. As previously noted, the walls will be appropriately soundproofed for the use. J. The site drainage system shall be subject to the review and approval of the city engineer. The site drainage system for Argonne Village Shopping Center that was previously approved will not be altered by this application. K. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. The architectural appearance of the Property will remain the same and will not cause a blighting influence. The exterior finish materials and treatment for the Property will remain in place. L. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with section 11-18-11 of this title. All receptables located at the Argonne Village Shopping Center that serve the Property meet the requirements of section 11-18-11. M. All signs and informational or visual communication devices shall be in compliance with chapter 23 of this title. All signage at the Property will comply with Section 11-23-1. N. The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. The veterinary clinic will comply with all applicable federal, state or county law or regulation. To the extent any such permits are required, the Applicant will provide such documentation to the City of Lakeville. O. Any applicable business licenses mandated by this code are approved and obtained. There are no applicable business licenses that are required by the Lakeville City Code for a veterinary clinic. Page 99 of 124 February 14, 2024 Page 6 P. The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district. The Property is separated from any residential uses or districts by Junelle Path. The use of the Property as a veterinary clinic is not incompatible with the high-density residential use. The veterinary clinic does not generate any visual or noise impacts to the residential use located across Junelle Path. The hours of operation for the veterinary clinic need not be restricted. Q. The use complies with all applicable performance standards of the zoning district in which it is located and where applicable. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 1031, 6-1-2020; Ord. 1065, 4-4-2022) The Property complies with all of the applicable performance standards in its zoning district as previously noted. Based on the foregoing and the attached exhibits, this Conditional Use Permit application satisfies all of the criteria set forth in the Lakeville City Code. The Applicant respectfully requests that the City grant the Conditional Use Permit. We look forward to the opportunity to provide additional details and address any concerns as needed. Please contact me with any questions about this application. Sincerely, /s/Shana Conklin and Howard Roston Shana Conklin and Howard Roston Attorney Direct Dial: 612.492.7441 Email: hroston@fredlaw.com Enclosures cc: Chris Smith (via email bsmith@americanveterinarygroup.com) Andrea McDowell Poehler, Lakeville City Attorney (apoehler@ck-law.com) Page 100 of 124 VJ QNQQzWWOpwQZmwoFOOpprnw J as } ^R i C N N 1 N^ a vanQmO , X X X X 6) J z0 wQAozU _ t w J C9LZ ¢ Q Q Q O N a O. II Q Q ZEdim10O000azZS1- O acEcEcUZzzZQ ¢ • Z C9 0 @- M m w an Q mC c M o =z 0 a_ a_ a_ a v _ m N in m m x U N o a 0ocorm ° - 4 c ¢ °.. 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'' 1 1 4 t I i i i YI I t i/ /!ii __-- ' 1 T 1 \ tl ' .:.:: , t , i i , , i Y1.6 t d o W a ' 1 \.]_ Tt • Y \ \ \ 1 E >' :'4: : '. i t t t s t e t a t i tlIt1tr ® 1 i 1 1 I i 1 Cam 1 I to y • a q E 1 i gl to 1; rn aVJr i f UC NU a_ rn v 00 0 0O d 0 003 MO N i D r 1 I '1 ' I I 1 1 1 I 1 1 1 1 1 1 'I 1 I i I I i I ' 1 i I ' I 'I '1 '1 'I 't I m f2 wW OwCL J 0 3 w Y 000r-toNOrM00NNy AEAV to tokWbbI Im I I f I a o i W t''t 'Ijf TTTI r I ' 1 1 'I j 1 j I I 1Q3 WV 21;02;11 b002 /91/90 DM Q'IOddS2L011002 \ \2L011002 \Id aamwv v W O Ian a J 0 W a mss_ QQ 0 0 O y5 p H V1 NNco o M y v 4? x 0 m a;In° I m, 0oz'^ OEZ O LVis •c rn ap fin , NQa`ci ir WCL otEXHIBIT DPage 101 of 124 TCADJACENTTENANTADJACENTTENANTMSDATA RACKABOVE..EWENTRY100HALLWAY100APUBLIC UNISEXRESTROOM101EXAM 1(BG DOG)102EXAM 2(BG DOG)103EXAM 3(SM DOG)104EXAM 4(SM DOG)105EXAM 5(CAT)106EXAM 6(CAT)107COMFORTROOM108BACK OFHOUSE109LAB110ATREATMENT110BPHARMACY110CEMPLOYEEUNISEX RR111X-RAYROOM112CONSTRUCTION PLAN1SCALE: 1/4" = 1'-0"EXISTING WALL TO REMAIN:AGENERAL NOTES:·USE WATER RESISTANT GYPSUM BOARD AT ALL WET LOCATIONS.·SOUND BATT INSULATION W. STC OF 42 OR BETTER TO BE INSTALLED IN ALL WALLS UNLESS NOTED OTHERWISE.·REFER TO THE METAL STUD SCHEDULE ON DRAWING SHEET A-501 FOR GAUGE SIZES UNLESS NOTED OTHERWISE.·REFER TO A-501 FOR WALL TYPE CONSTRUCTION DETAILS.BB1CNEW MILLWORK CONSTRUCTION:DASHED OUTLINE DENOTES NEW MILLWORK CONSTRUCTION. REFER TO THE ELEVATIONAND DETAIL DRAWINGS FOR ADDITIONAL INFO.WALL TYPE 'A' (TYPICAL) - NEW INTERIOR FULL HEIGHT WALL (EXTEND 6" ABV. CLG.):- 3-5/8" METAL STUDS @ 16" O.C.- (1) LAYER 5/8" TYPE 'X' GYP. BD. BOTH SIDES- FILL CAVITY W. BATT INSULATION.WALL TYPE 'A1' - NEW INTERIOR FULL HEIGHT WALL (EXTEND 6" ABV. CLG.):- 6" METAL STUDS @ 16" O.C.- (1) LAYER 5/8" TYPE 'X' GYP. BD. BOTH SIDES- FILL CAVITY W. BATT INSULATION.A1WALL TYPE 'B' - NEW INTERIOR FULL HEIGHT WALL TO DECK:- 3-5/8" METAL STUDS @ 16" O.C.- (1) LAYERS 5/8" TYPE 'X' GYPSUM BOARD ON BOTH SIDES.- FILL CAVITY W. BATT INSULATION.WALL TYPE 'B1' - NEW INTERIOR FULL HEIGHT WALL TO DECK:- 6" METAL STUDS @ 16" O.C.- (1) LAYERS 5/8" TYPE 'X' GYPSUM BOARD ON BOTH SIDES.- FILL CAVITY W. BATT INSULATION.WALL TYPE 'C' - NEW INTERIOR FULL HEIGHT WALL (EXTEND 6" ABV. CLG.):- 3-5/8" METAL STUDS @ 16" O.C.- 5/8" TYPE 'X' GYP. BD. ON BOTH SIDES - (2) LAYERS ON RADIOLOGY SIDE & (1) LAYER ON OPPOSITEFACE- FILL CAVITY W. BATT INSULATIONPARTITION TYPE SCHEDULEGENERAL NOTESKEY NOTES1.PLUMBING CHASE WALL. PROVIDE 6" METAL STUD CHASE WALL FOR PLUMBING - REFER TO WALL TYPE SCHEDULE FOR ADDITIONALINFORMATION.2.NEW WATER HEATER. REFER TO PLUMBING DRAWINGS FOR ADDITIONAL INFORMATION.3.NEW COLUMN WRAP. 5/8" GYP. BD. OVER 7/8" METAL HAT CHANNEL. WRAP AS TIGHT AS POSSIBLE TO EXISTING COLUMN.4.ALIGN WALL. ALIGN WALL WITH EDGE OF EXISTING WALL.5.EXISTING WALL FURRING. EXTEND TO DECK.6.NEW SINK IN MILLWORK. REFER TO FIXTURE PLAN.7.WALL BOARD. PROVIDE EXTRA LAYER OF 5/8" TYPE 'X' GYP. BD. ON VISIBLE SIDE ONLY, EXTEND 6" ABV. CLG.8.WALL CAP. WALL TO EXTEND TO FACE OF GLAZING. INSTALL EXTRUDED ALUMINUM MOULDING END CAP TO MATCH STOREFRONT.TAPE & JOINT COMPOUND CAP TO MATCH WALL COLOR.9.WALL FURRING. INSTALL NEW WALL FURRRING AND INSULATION TO MATCH ADJACENT FINISHES. WRAP 5/8" GYP. BD. TO DOOR FRAMEAS REQUIRED.10.KNEE WALL. GC TO INSTALL NEW KNEE WALL TO MATCH EXISTING ADJACENT CONSTRUCTION.A.EXISTING CONDITIONS. G.C. SHALL VERIFY DIMENSIONS OF THE EXISTING SPACE & OF ANY EXISTING CONSTRUCTION TO REMAIN BY ACTUALMEASUREMENT BEFORE ANY WORK IS PERFORMED. IF MEASUREMENTS DIFFER FROM DIMENSIONS INDICATED ON THESE PLANS, THE G.C. SHALL NOTIFYTHE ARCHITECT IMMEDIATELY. THE G.C. SHALL BE RESPONSIBLE FOR CORRECTING ANY & ALL DISCREPANCIES AT NO ADDITIONAL EXPENSE TO TENANT.B.SURFACE REPAIR. G.C. SHALL PATCH & REPAIR ALL EXISTING SURFACES AS REQUIRED TO PROVIDE PROPER SUBSTRATE FOR NEW FINISHES. ALL SOFT,POROUS, FLAKING OR OTHERWISE DEFECTIVE FINISHES SHALL BE REMOVED BEFORE APPLICATION OF NEW MATERIALS. OPENINGS, VOIDS, ORUNFINISHED SURFACES CREATED BY REMOVAL OR MODIFICATION OF EXISTING WORK SHALL BE FILLED OR PATCH & FINISHED AS NECESSARY TO MATCHEXISTING CONDITIONS FOR NEW FINISHES REQ. SPECIFICALLY, FLOOR SURFACES AT ENTRY SHALL BE LEVELED TO ASSURE SMOOTH SURFACETRANSITION BETWEEN EXISTING & NEW FLOOR FINISH MATERIALS. VERIFY ANY PATCHING OF EXISTING CONCRETE SLAB IN-HOUSE WITH PROJECTMANAGER PRIOR TO DOING WORK.C.DEMISING WALL REPAIR. G.C. SHALL VERIFY ALL DEMISING WALLS EXTEND TO STRUCTURE ABOVE AND ALL PENETRATIONS ARE SEALED TIGHT, ASREQUIRED BY A.H.J. AND SHALL PROVIDE ALL WORK REQUIRED TO CORRECT DEFICIENT CONDITIONS.D.DEMISING WALL FIRE-RATING. G.C. SHALL MAINTAIN THE ARCHITECTURAL, STRUCTURAL AND FIRE-RATING INTEGRITY OF THE DEMISING WALLS, FLOORSLAB, BEAMS, COLUMNS, ROOF DECK, ETC.E.FIRE-RATED PARTITIONS. ALL RATED PARTITIONS SHALL BE 5/8" FIRE-RATED GYP. BD. ON METAL STUDS AT 16" O.C. AND SHALL EXTEND TO THEUNDERSIDE OF STRUCTURE.F.COMBUSTIBLE MATERIALS. NO COMBUSTIBLE MATERIALS SHALL BE ERECTED ABOVE THE CEILING.G.NEW PARTITION PRE-CONSTRUCTION. CONTRACTOR SHALL LAYOUT ALL WALLS PRIOR TO CONSTRUCTION & IMMEDIATELY NOTIFY ARCHITECT OF ANYDISCREPANCIES OR CONFLICTS.H.METAL STUDS. ALL METAL STUDS SHALL BE 20 GA. TYPICAL NON-LOAD BEARING PARTITIONS. SEE USG STEEL-FRAMED DRYWALL SYSTEMS "LIMITINGHEIGHT - STEEL STUD ASSEMBLIES" CHART. USE THE L/240 ALLOWABLE DEFLECTION FIGURES ONLY.I.FRAMING LUMBER. ALL FRAMING LUMBER, PLYWOOD AND CONCEALED WOOD SHALL BE FIRE-RETARDANT TREATED (F.R.T.) - NO WOOD IN CEILINGPLENUM ABOVE SPRINKLER COVERAGE.J.GYPSUM BOARD. ALL GYPSUM BOARD TO BE 5/8" TYPE 'X' UNLESS NOTED OTHERWISE.K.GYPSUM BOARD END FINISH. PROVIDE DRYWALL TRIM AT ALL EXPOSED EDGES AND CORNERS.L.CAULK AT GYP. BD. TERMINATION. G.C. SHALL PROVIDE CAULK JOINTS WHERE GYP. BD. MEETS THE FLOOR OR ROOF DECK - PACK FLUTES AT DECK ASREQUIRED.M.TYPICAL DOOR JAMB DIMENSION. MIN. DIM. FROM CORNER OR WALL TO FRAMING STUD AT DOOR JAMB OPENING SHALL BE 4" (U.N.O.).N.NEW DOORS. REFER TO SHEET A-701 FOR DOOR SCHEDULE AND ADDITIONAL INFORMATION.O.DIMENSION TOLERANCES. IF ANY +/- DIMENSIONS VARY MORE THAN 2" NOTIFY ARCHITECT PRIOR TO PROCEEDING WITH WORK.P.ABANDONED UTILITIES. DO NOT CAP ELECTRICAL NOT SCHEDULED FOR REUSE. ABANDONED UTILITIES SHALL BE REMOVED BACK TO SOURCE ORNEAREST MAIN.Q.TYPICAL WALL TYPE. ALL TYPICAL INTERIOR WALLS TO BE TYPE A UNLESS NOTED OTHERWISE.WALL TYPE 'A2' - NEW INTERIOR FULL HEIGHT WALL (EXTEND 6" ABV. CLG.):- 3-5/8" METAL STUDS @ 16" O.C.- (1) LAYER 5/8" TYPE 'X' GYP. BD. ON VISIBLE SIDE ONLY- FILL CAVITY W. BATT INSULATION.A2WALL TYPE 'B2' - NEW INTERIOR FULL HEIGHT WALL TO DECK- 3-5/8" METAL STUDS @ 16" O.C.- (1) LAYER 5/8" TYPE 'X' GYP. BD. ON VISIBLE SIDE ONLY- FILL CAVITY W. BATT INSULATION.B2C1WALL TYPE 'C1' - NEW INTERIOR FULL HEIGHT WALL (EXTEND 6" ABV. CLG.):- 3-5/8" METAL STUDS @ 16" O.C.- (2) LAYERS 5/8" TYPE 'X' GYP. BD. ON RADIOLOGY SIDE- FILL CAVITY W. BATT INSULATION1WALL TYPE 'A3' - NEW INTERIOR FULL HEIGHT WALL (EXTEND 6" ABV. CLG.):- 2-1/2" METAL STUDS @ 16" O.C.- (1) LAYER 5/8" TYPE 'X' GYP. BD. ON VISIBLE SIDE ONLY- FILL CAVITY W. BATT INSULATION.A33'-0"9'-0"4'-0" MIN.10'-0"1AA-401BBB1103B10'-0" MIN.WALL TYPE 'A4' - NEW INTERIOR FULL HEIGHT WALL (EXTEND 6" ABV. CLG.):- 1-5/8" METAL STUDS @ 16" O.C.- (1) LAYER 5/8" TYPE 'X' GYP. BD. ON VISIBLE SIDE ONLY- FILL CAVITY W. BATT INSULATION.A4B6BBBBBB9'-0"9'-0"9'-0"10'-0"10'-0" MIN.B103A104B104A105B105A106B106A107B107A108B108A112102B102A1011114'-6"2'-6"4'-3"HOLD13'-414"3'-0"10'-1" HOLD1B1BBBB667'-614"8'-558"11'-978"5'-614"BEXTERIOR5'-018"7'-014"2'-1"4'-11"6'-434"B1'-6"11'-6"108C109110100248'-314"6'-378"18'-8" HOLD1A-4014'-6"11'-212"B27'-8" HOLD 4'-712"103'-0"9PROJECT #:ISSUE INFORMATIONREVISIONSPROJECT INFORMATIONSHEET TITLESEALSHEET NUMBERURGENT VETARGONNE VILLAGE17698 KENWOOD TRAILLAKEVILLE, MN 5504423.0003534.00012/22/23Nelson Architecture & Interiors, Inc.201 EAST 4TH STREET, SUITE 1700CINCINNATI, OH 45202513 . 241 . 3000www.NELSONWorldwide.comCONSTRUCTIONPLANA-111ArchitectI hereby certify that this plan, specification, or report wasprepared by me or under my direct supervision and that I ama duly Licensed Architect under the laws of thestate of Minnesota.Signature: ____________________________________Typed or Printed Name: _________________________Date: ______________ License Number: ___________Robert J Sullivan Jr.6179112/22/2023EXHIBIT EPage 102 of 124 Date: 3/18/2024 A Resolution Supporting Retention of City Zoning Authority Proposed Action Staff recommends adoption of the following motion: Move to approve a Resolution Supporting Retention of City Zoning Authority. Overview The League of Minnesota Cities has asked that member cities approve the attached resolution in support of municipalities retaining rights to local zoning decisions. There are several bills moving through the legislature this session that would erode this authority. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Justin Miller, City Administrator Page 103 of 124 CITY OF LAKEVILLE RESOLUTION NO._________ A RESOLUTION SUPPORTING RETENTION OF CITY ZONING AUTHORITY WHEREAS, decisions about local zoning and land use that best fit community needs are best left to city residents and officials; WHEREAS, cities use zoning and land use regulations to balance property usage, plan for community growth, dedicate space and capacity for public infrastructure to support development (roads, parks and trails, transportation, sewer, stormwater, water, etc.), mitigate flooding and erosion, and preserve natural resources among others; WHEREAS, the Minnesota State Legislature, in an attempt to address housing availability and affordability challenges, is considering measures that would preempt city authority to regulate land use and zoning and assign that authority to state government; WHEREAS, passage of those measures would inadequately address housing availability and affordability challenges; WHEREAS, a rigid framework for land use and zoning mandated by the state makes little sense and cities require flexibility to address their own unique circumstances; WHEREAS, provisions of the proposed state measures would place the fiscal burden for infrastructure cost of new residential development on the shoulders of existing homeowners and renters in our local communities; WHEREAS, building of multiple housing units on a single residential lot with inadequate spacing, as allowed in the proposed zoning preemption measures, could result in service delivery problems like limiting emergency medical services and fire departments’ access to city neighborhoods; WHEREAS, provisions would also silence local residents from their concerns regarding proposed developments during public comment periods of city council and other public meetings; AND, WHEREAS, cities across the state have already put in years of work to address zoning issues, and continue to do so, with the help of community engagement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Lakeville, MINNESOTA AS FOLLOWS: The City of Lakeville opposes state proposals that seek to preempt local zoning and land use decision-making when it comes to residential development; Supports constructive policy alternatives to incentivize and bolster city efforts for addressing Page 104 of 124 housing challenges; And, advocates for a city-state partnership to consider reforms that are proven to address housing availability and affordability and that ensure efforts can be locally led and shaped. ADOPTED by the Lakeville City Council this 18th day of March 2024. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor _________________________ Ann Orlofsky, City Clerk Page 105 of 124 Date: 3/18/2024 Agreement with APX Construction Group, LLC. for the Construction of Park Buildings at Avonlea Community Park: CIP #24-20 Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with APX Construction Group, LLC. for the Construction of Park Buildings at Avonlea Community Park, CIP #24-20. Overview The construction of Avonlea Community Park was one project as part of the successful Park Bond Referendum in November of 2021. The project includes items such as the construction of pickleball courts, athletic decks, playground, splash pad, challenge course, cricket pitch, trails and baseball complex. The project also includes the construction of three buildings which include the main park building, field support building and grandstand building. A total of four competitive bids were opened on February 20 for the construction of these three buildings. The base bids ranged from a low of $5,366,313.00 to a high of $6,810,424.70. The architects cost estimate on the project was $6,551,634.00. Staff is recommending approval of an agreement with APX Construction Group, LLC. for the construction of three buildings at Avonlea Community Park at a cost of $5,204,313.00 which includes selecting Alternate #2 and #3 which are deducts to the base bid. Alternate #2 includes omitting wash-type light fixtures at the main building and field support building and Alternate #3 includes providing 8-inch-high CMU burnished block material in lieu of the base bid 4-inch high CMU burnished block material. Alternate #1 which was not selected was omitting the construction of the field support building in its entirety. Staff will be opening up bids for the sitework portion of the project early next week. Supporting Information 1. Park Location Map 2. Avonlea Bid Tabulation 3. Agreement with APX Construction Group, LLC 4. Certificate of Authenticity Page 106 of 124 Financial Impact: $5,204,313.00 Budgeted: Yes Source: Park Bond Referendum/Lakeville Baseball Association Donation Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: John Hennen, Parks and Recreation Director Page 107 of 124 Avonlea Community Park Esri, NASA, NGA, USGS, FEMA, Esri Community Maps Contributors, County of Dakota, Metropolitan Council, MetroGIS, Three Rivers Park District, © Parks Community Park Neighborhood Park Municipal Boundary Trails General Purpose Trail Sidewalk Boardwalk Playground Points Restroom 3/14/2024, 11:24:53 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 ArcGIS Web AppBuilder Esri, NASA, NGA, USGS, FEMA | Esri Community Maps Contributors, County of Dakota, Metropolitan Council, MetroGIS, Three Rivers Park District, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA,Page 108 of 124 Contractor Addendum No. 1 Bid Security Base Bid Alternate No. 1 Alternate No. 2 Alternate No. 3 Grand Total Bid Including Alternates 2 and 3 APX Construction Group Yes Yes $5,366,313 -$707,125 -$18,000 -$144,000 $5,204,313 JT Egner Construction Company Yes Yes $5,455,972 -$900,238 -$2,400 -$147,200 $5,306,372 Ebert Companies Yes Yes $5,852,417 -$983,743 -$18,000 -$147,200 $5,687,217 Rochon Corporations Yes Yes $6,810,424.70 -$1,255,316.30 -$18,000 -$111,000 $6,681,424.70 Architects Cost Estimate $6,551,634.00 BID TABULATION SUMMARY City of Lakeville Project No. 24-20 Bid Opening: February 20, 2024 at 2:00 PM Avonlea Community Park Buildings Page 109 of 124 Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum Init. / AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 18th day of March in the year 2024 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 and the Contractor: (Name, legal status, address and other information) APX Construction Group 3 Civic Center Plaza, Suite 400 Mankato, MN 56001 for the following Project: (Name, location and detailed description) Park Buildings, Avonlea Community Park, City of Lakeville Project No. 24-20 7700 185th Street West Lakeville, MN 55044 The Architect: (Name, legal status, address and other information) Hagen, Christensen & McILwain Architects PA 4201 Cedar Avenue South Minneapolis, MN 55407 The Owner and Contractor agree as follows. Page 110 of 124 Init. / AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions, as amended), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ MARCH 18, 2024 ]The date of this Agreement. [ ]A date set forth in a notice to proceed issued by the Owner. [ X ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) Coordination with Bid Package #1 – Site Improvements. Estimated date per the Contract Documents specification Section 00 3113, Bidding and Construction Schedule. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) Page 111 of 124 Init. / AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 3 [ ]Not later than ( ) calendar days from the date of commencement of the Work. [ X ]By the following date: April 30, 2025 § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date All Contract Documents work scopes required for building occupancy. April 30, 2025 § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be ($ 5,204,313.00 ). The Contract Sum shall be a Stipulated Sum in accordance with this Section. Any reference in the Agreement to any other Contract Sum calculation methods are hereby deleted. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price Alternate No.2 Alternate No.3 $18,000.00 $144,000.00 § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Price § 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) Page 112 of 124 Init. / AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 4 ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction as amended, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017 as amended; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017 as amended; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Page 113 of 124 Init. / AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 5 § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017 as amended. § 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017 as amended, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 1 % Monthly This interest only applies to payments due and unpaid under the Contract unless the City in good faith disputes the obligation consistent with the provisions of Minn. Stat. § 471.425. ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017 as amended, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) Page 114 of 124 Init. / AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 6 § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017 as amended, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ]Litigation in a court of competent jurisdiction [ ]Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017 as amended. § 7.1.1 In the case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed prior to termination in accordance with Article 14 of AIA Document (Paragraphs deleted) A201–2017 as amended. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017 as amended. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner’s representative: (Name, address, email address, and other information) John Hennen Parks & Recreation Director, City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 952-985-4601 jhennen@lakevillemn.gov § 8.3 The Contractor’s representative: (Name, address, email address, and other information) Nate Host Vice President of Construction, APX Construction Group 3 Civic Center Plaza, Suite 400 Mankato, MN 56001 507-387-6836 nate@apxconstructiongroup.com Page 115 of 124 Init. / AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 7 § 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in the Contract Documents. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) § 8.7 Other provisions: § 8.7.1 The Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the Owner pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. The Contractor is subject to all the provisions of the Minnesota Government Data Practices Act. In the event the Contractor receives a request to release data, the Contractor must immediately notify the Owner. The Owner will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold the Owner, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, owners’, partners’ employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this section shall survive the cancellation or termination of this Agreement. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor as amended. (Paragraph deleted) .2 AIA Document A201™–2017, General Conditions of the Contract for Construction as amended. .3 Drawings (Paragraphs deleted) See Drawing Index on Drawing Sheet a0.0 for the Contract Documents full scope of Architectural, Structural, Mechanical and Electrical Drawings Number Title Date .4 Specifications See Specification Table of Contents for the Contract Documents full scope of Architectural, Structural, Mechanical and Electrical Specifications. Section Title Date Pages .5 Addenda, if any: Number Date Pages Addendum No.1 February 9, 2024 192 Page 116 of 124 Init. / AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 8 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .6 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ]AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ]The Sustainability Plan: Title Date Pages [ ]Supplementary and other Conditions of the Contract: Document Title Date Pages .7 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) This Agreement entered into as of the day and year first written above. OWNER (Signature)CONTRACTOR (Signature) (Printed name and title)(Printed name and title) Page 117 of 124 Additions and Deletions Report for AIA® Document A101® – 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:39:11 ET on 03/14/2024. Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 1 PAGE 1 AGREEMENT made as of the 18th day of March in the year 2024 … City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 … APX Construction Group 3 Civic Center Plaza, Suite 400 Mankato, MN 56001 … Park Buildings, Avonlea Community Park, City of Lakeville Project No. 24-20 7700 185th Street West Lakeville, MN 55044 … Hagen, Christensen & McILwain Architects PA 4201 Cedar Avenue South Minneapolis, MN 55407 PAGE 2 EXHIBIT A INSURANCE AND BONDS … The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Conditions, as amended), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. … Page 118 of 124 Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 2 [ MARCH 18, 2024 ]The date of this Agreement. … [ X ]Established as follows: … Coordination with Bid Package #1 – Site Improvements. Estimated date per the Contract Documents specification Section 00 3113, Bidding and Construction Schedule. PAGE 3 [ X ]By the following date: April 30, 2025 … All Contract Documents work scopes required for building occupancy. April 30, 2025 … § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents.5,204,313.00 ). The Contract Sum shall be a Stipulated Sum in accordance with this Section. Any reference in the Agreement to any other Contract Sum calculation methods are hereby deleted. … Alternate No.2 Alternate No.3 $18,000.00 $144,000.00 PAGE 4 § 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, Construction as amended, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: … .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017;A201–2017 as amended; … .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; A201–2017 as amended; and PAGE 5 § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017.A201–2017 as amended. … Page 119 of 124 Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 3 .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, A201–2017 as amended, and to satisfy other requirements, if any, which extend beyond final payment; and … 1 % Monthly This interest only applies to payments due and unpaid under the Contract unless the City in good faith disputes the obligation consistent with the provisions of Minn. Stat. § 471.425. … The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, A201–2017 as amended, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. PAGE 6 For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, A201–2017 as amended, the method of binding dispute resolution shall be as follows: … [ ]Arbitration pursuant to Section 15.4 of AIA Document A201–2017 [ X ]Litigation in a court of competent jurisdiction … § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017.A201–2017 as amended. § 7.1.1 If the Contract is terminated for the Owner’s convenience In the case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed prior to termination in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.) A201–2017 as amended. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017.A201–2017 as amended. … John Hennen Parks & Recreation Director, City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 952-985-4601 jhennen@lakevillemn.gov … Nate Host Vice President of Construction, APX Construction Group Page 120 of 124 Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 4 3 Civic Center Plaza, Suite 400 Mankato, MN 56001 507-387-6836 nate@apxconstructiongroup.com PAGE 7 § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in the Contract Documents. … § 8.7.1 The Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the Owner pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. The Contractor is subject to all the provisions of the Minnesota Government Data Practices Act. In the event the Contractor receives a request to release data, the Contractor must immediately notify the Owner. The Owner will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold the Owner, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, owners’, partners’ employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this section shall survive the cancellation or termination of this Agreement. … .1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor as amended. .2 AIA Document A101™–2017, Exhibit A, Insurance and Bonds .3 .2 AIA Document A201™–2017, General Conditions of the Contract for Construction as amended. .4 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below:.3 Drawings (Insert the date of the E203-2013 incorporated into this Agreement.) .5 See Drawing Index on Drawing Sheet a0.0 for the Contract Documents full scope of Architectural, Structural, Mechanical and Electrical Drawings … .6 Specifications.4 Specifications See Specification Table of Contents for the Contract Documents full scope of Architectural, Structural, Mechanical and Electrical Specifications. … .7 .5 Addenda, if any: … Addendum No.1 February 9, 2024 192 PAGE 8 Page 121 of 124 Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 5 .8 .6 Other Exhibits: … .9 .7 Other documents, if any, listed below: Page 122 of 124 AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:39:11 ET on 03/14/2024 under Order No.4104250509 which expires on 02/24/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1298689904) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Dan Lawrence, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:39:11 ET on 03/14/2024 under Order No. 4104250509 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101™ – 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Page 123 of 124 Page 124 of 124