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Home My WebLink About05-06-2024 Agenda Packet AGENDA CITY COUNCIL MEETING May 6, 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 a. Police Department Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 04/15/2024 City Council Meeting c. Lakeville Police Department to enter into a Minnesota Department of Public Safety Grant Agreement for Intensive Comprehensive Peace Officer Education and Training 2024 d. Contract Amendment for Ipava Avenue Tree Watering and Maintenance e. Amending the 2024 Fee Schedule f. 2024 Surface Seal Project Award of Construction Contract g. Contract for Stump Removal Services h. Agreement Between City of Lakeville and GameTime for the Purchase of Playground and Challenge Course Equipment and with MWP Recreation for the Installation of Equipment: CIP 24-20 i. First Amendment to Concession Agreement Between the City of Lakeville and Lakeville Brewing Company, LLC. j. Purchase Agreement with Dakota County Page 1 of 226 City Council Meeting Agenda May 6, 2024 Page 2 for Wetland Banking Credits for Airlake Improvements k. Resolution Calling a Public Hearing on Proposed Assessments Ipava Avenue and Indiana Avenue Improvements 7. Action Items a. Public Hearing on the application for Lakeville Brewing Co, LLC DBA "LBC on the Lake" for an On-Sale Intoxicating Liquor License b. Public Hearing on the application for Final Final Final Lounge & Event Center for a Consumption and Display Permit c. Ordinance Amending Titles 10 and 11 of the City Code and Summary Ordinance for Publication d. Superior Sand and Gravel Interim Use Permit 8. Unfinished Business 9. New Business 10. Announcements a. Next Regular City Council Meeting May 20, 2024 b. Next Work Session Meeting Tuesday, May 28, 2024 11. Adjourn Page 2 of 226 Date: 5/6/2024 Police Department Quarterly Report Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 3 of 226 Date: 5/6/2024 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 04/01/2024 – 04/24/2024 is as follows: Checks 322308-322424 $2,485,543.65 ACH 16487-16619 $1,869,330.75 Electronic Funds Transfer (EFT) 20240218- 20240226 $1,592,572.23 Total $5,947,446.63 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 4.23.24CKSUM 2. Check Register 4.23.24 for May 6,2024 Council Mtg Financial Impact: $5,947,446.63 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 4 of 226 4/23/2024City of Lakeville 14:02:17R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/24/20244/1/2024 - Company Amount 462,310.1701000GENERAL FUND 710.2302000COMMUNICATIONS FUND 2,455.5202295OPIOID SETTLEMENT FUND 88,480.4604000BUILDING FUND 73,666.8804100EQUIPMENT FUND 3,908.5004125TECHNOLOGY FUND 29,455.95047002022 C PARK BONDS 29,702.78047102023 A PARK BONDS 102,030.81047202024 X PARK BONDS 1,705,131.9405200STATE AID CONSTRUCTION FUND 85,568.0805300PAVEMENT MANAGEMENT FUND 203,356.0905400STORM WATER INFRASTRUCTURE FND 3,281.0005600SANITARY SEWER TRUNK FUND 4,902.480658622-03 210TH ST LKVL BLVD RECON 14,716.380658922-24 AIRLAKE 70 IMPROVEMENT 6,560.00065902023 "" STREET RECONSTRUCTION 15,735.800659524-02 STREET RECONSTRUCTION 8,984.500659624-03 COLLECTOR RD REHAB 67,607.1007450ENVIRONMENTAL RESOURCES FUND 2,192.13-07550 UTILITY FISCAL ADMINISTRATION 68.2707575STREET LIGHTING FUND 88,598.8307600WATER FUND 475,730.6407700SEWER FUND 740,478.4207800LIQUOR FUND 212,223.7007900MUNICIPAL RESERVES FUND 74,250.0008000ESCROW FUND - DEVELOPERS/BUILD 4,139.09-08910 ESCROW - DCA/SECTION 125 263,679.0808950DAKOTA 911 - OPERATING FUND 41,885.2508970LAKEVILLE ARENAS - OPERATIONS 1,148,298.9909800PAYROLL CLEARING FUND Report Totals 5,947,446.63 Page 5 of 226 MINUTES CITY COUNCIL MEETING April 15, 2024 - 6:00 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:00 p.m. 2.Roll Call Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Amy Schmidt, City Attorney; Julie Stahl, Finance Director; John Hennen, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director, Tana Wold, Liquor Operations Director 3.Citizen Comments None 4.Additional agenda information None 5.Presentations/Introductions a.Donations to 360 Communities and Open Door Pantry from the Lakeville Liquors Customers Tana Wold, Liquor Operations Director presented the donations of $34,714.96 to be split by 360 Communities and Open Door Pantry from the Lakeville Liquors Customers. b.2024 Arbor Day Proclamation Zach Jorgensen, City Forester, presented information on the events Lakeville will have in honor of Arbor Day. Mayor Hellier proclaimed April 15th as Arbor Day 2024. c.Fire Department Quarterly Report Fire Chief Mike Meyer presented the Fire Department Quarterly Report. 6.Consent Agenda Motion was made by Bermel, seconded by Lee, to approve the following: Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary Page 6 of 226 City Council Meeting Minutes April 15, 2024 Page 2 b.Minutes of the 04/01/2024 City Council Meeting c.Minutes of the 04/01/2024 Special City Council Meeting d.Resolution No. 24-042 accepting donations from customers of the Lakeville Municipal Liquor Stores. e.Approval of the 2023 Shade Tree Program Bonding Grant for EAB management. f.Remote Work Policy g.Contract for Annual Hydrant Painting h.Teamsters Memorandums of Understanding i.Central Maintenance Facility Cold Storage Materials Fabric Structure j.Contract to Upgrade City Hall Service Windows to ADA Standards k.Agreement with Davey Resource Group for Professional Services for Vegetation Management l.Agreement with Metropolitan Council for Volunteer Lake Monitoring Program m.Agreements with MOM Brands for Site Improvement Performance and Stormwater Maintenance 7.Action Items a.Public Hearing for Wellhead Protection Plan Part 2 Public Works Director Oehme provided the background information. Wellhead Protection Plans (WHPP) are required under the Federal Safe Drinking Water Act and Minnesota Wellhead Protection Rules (Minnesota Rules 4720.5100-4720.5590). In Minnesota, wellhead protection plans are prepared in two parts and the rules require that WHPPs be amended at least every 10 years. The City Council discussed how other agencies collaborate to maintain the Wellhead Protection Plan and how water samples are taken to ensure water quality meets state requirements. Mayor Hellier opened the public hearing at 6:52 p.m. There were no comments from the public. Motion was made by Wolter, seconded by Volk, to close the public hearing at 6:53 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter b. Public Hearing to vacate easement and consider final plat of Interstate Second Addition Chris Ockwig, Probe Engineering, has requested the vacation of a public drainage and utility easement and separate action for the consideration of a final plat of the Interstate Second Addition. Tina Goodroad, Community Development Director, provided the staff report. Interstate Lakeville Property, LLC has submitted applications for a final plat and easement vacation to allow an expansion of vehicle parking for their property located at 21568 Page 7 of 226 City Council Meeting Minutes April 15, 2024 Page 3 Highview Avenue. The property consists of two separate platted lots from two different final plats that must be combined into a single lot to allow the proposed expanded parking on what is now a separate platted property. The final plat plans have been reviewed by Engineering Division staff. The Dakota County Plat Commission has also reviewed the final plat without additional comment. Staff recommends that the City Council hold the public hearing for the easement vacation, which may be followed by motions to consider the easement vacation and final plat. Mayor Hellier opened the public hearing at 6:47 p.m. There were no comments from the public. Motion was made by Bermel, seconded by Lee, to close the public hearing at 6:48 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Wolter, seconded by Volk, to approve the vacation of drainage and utility easements and the final plat of Interstate Second Addition. Roll Call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter c.Autumn Hill Preliminary Plat Bob Weigert, Yougfields Homes, Inc. submitted a preliminary plat application and plans for 54 twinhome lots and one detached townhome lot on 20 acres of land located east of Dodd Boulevard (CSAH 9) and south of 185th Street (CSAH 60). The property is zoned RST-2, a Single and Two-Family Residential District. Tina Goodroad, Community Development Director, presented the staff report. The Planning Commission held a public hearing on April 4, 2024, to consider the preliminary plat. There was no public comment. A revised landscape plan and typical foundation planting plan were submitted to satisfy stipulations 8 and 9 of the planning report. The Developer also submitted a revised tree inventory plan, as required changes to the grading plan necessitated revisions, resulting in the removal of 12 trees that were initially planned to be saved. The Planning Commission unanimously recommended approval of the preliminary plat. The Parks, Recreation, and Natural Resources Committee unanimously recommended approval of the preliminary plat at their April 4, 2024, meeting. The City Council discussed the elevation change between the houses and the road. Motion was made by Bermel, seconded by Wolter, to approve Resolution No. 24-045 Approving the Preliminary Plat of Autumn Hill. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8.Unfinished Business None 9.New Business None 10.Announcements Page 8 of 226 City Council Meeting Minutes April 15, 2024 Page 4 a.Next Work Session April 22, 2024, Lakeville City Hall - Lake Marion Conference Room b.Next Regular City Council Meeting May 6, 2024 11.Adjourn Motion was made by Lee, seconded by Bermel, to adjourn at 6:55 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 9 of 226 Date: 5/6/2024 Lakeville Police Department to enter into a Minnesota Department of Public Safety Grant Agreement for Intensive Comprehensive Peace Officer Education and Training 2024 Proposed Action Staff recommends adoption of the following motion: Move to approve the Grant Contract Agreement with the Minnesota Department of Public Safety for Intensive Comprehensive Peace Officer Education and Training 2024. Overview Lakeville Police Department has been awarded a $50,000.00 Intensive Comprehensive Peace Officer Education and Training (ICPOET) grant. The ICPOET Program has been designed by the Minnesota Department of Public Safety's Office of Justice Programs to assist law enforcement agencies recruit new peace officers. The ICPOET Program grants funds to sponsor a candidate with a 2-or 4-year degree, who is interested in making a career transition. After hire, the sponsored candidate will obtain the required education to become a licensed peace officer in less than eight months. Vacancies at law enforcement agencies are high across the state. ICPOET is a recruitment tool that meets a need to help mitigate the growing hiring challenge. ICPOET allows non-traditional or career transition candidates to serve their communities in a new way. These people may have only previously imagined becoming a peace officer, due to current challenges with getting the required education and training. The typical timeline for peace officer candidates to be educated and hired by a law enforcement agency can be two or more years. ICPOET speeds up this process for candidates. The traditional path for a career in law enforcement doesn't come with a salary during the education and training period. ICPOET candidates will be hired by their sponsoring agency and will receive a salary during this time. The Lakeville Police grant will be effective June 01, 2024 and will expire on June 30, 2025. Once the grant contract agreement is fully executed, we may claim reimbursements for expenditures up to $50,000.00, incurred pursuant to the Payment Clause of the grant contract agreement. During the grant period, Lakeville Police will be responsible for any costs incurred, above $50,000.00. The City Attorney reviewed the grant contract and found no issues. Supporting Information 1. ICPOE-2024-LAKEVLPD-037GRANT AGREEMENT Unsigned Page 10 of 226 Financial Impact: $50,000.00 Budgeted: No Source: ICPOET Grant Envision Lakeville Community Values: Safety Throughout the Community, Good Value for Public Services Report Completed by: Brad Paulson, Police Chief Page 11 of 226 CITY OF LAKEVILLE RESOLUTION NO._________ LAKEVILLE POLICE DEPARTMENT TO ENTER INTO A MINNESOTA DEPARTMENT OF PUBLIC SAFETY GRANT AGREEMENT FOR INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION AND TRAINING 2024 WHEREAS, the City of Lakeville, on behalf of the Police Department, will enter into a grant agreement with the Office of Justice Programs in the Minnesota Department of Public Safety for Intensive Comprehensive Peace Officer Education and Training. NOW, THEREFORE, BE IT RESOLVED that the City of Lakeville is authorized to enter into a grant agreement with the Office of Justice Programs in the Minnesota Department of Public Safety for Intensive Comprehensive Peace Officer Education and Training for the period of June 01, 2024 and expiring June 30, 2025. The Mayor and City Clerk are hereby authorized to execute such agreements and amendments as are necessary to implement the grant on behalf of the City of Lakeville and Lakeville Police Department. Dated this 6th day of May, 2024. _________________________ Luke M Hellier, Mayor _________________________ Ann Orlofsky, City Clerk Page 12 of 226 Grant Contract Agreement Page 1 of 2 DPS Grant Contract Agreement Non-State (rev. September 2022) Minnesota Department of Public Safety (“State”) Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 Grant Program: Intensive Comprehensive Peace Officer Education and Training 2024 Grant Contract Agreement No.: A-ICPOE-2024-LAKEVLPD-037 Grantee: City of Lakeville Police Department 9237 183rd Street Lakeville, Minnesota 55044 Grant Contract Agreement Term: Effective Date: 6/1/2024 Expiration Date: 6/30/2025 Grantee’s Authorized Representative: Mora Thomas, Administrative Assistant to the Chief City of Lakeville Police Department 9237 183rd Street Lakeville, Minnesota 55044 (952)985-2801 mthomas@lakevillemn.gov Grant Contract Agreement Amount: Original Agreement $50,000.00 Matching Requirement $0.00 State’s Authorized Representative: Kristin Lail, Grants Specialist Coordinator Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 (651)230-3358 Kristin.lail@state.mn.us Federal Funding: CFDA/ALN: None FAIN: N/A State Funding: Minnesota Session Laws of 2023, Chapter 52, Article 2, Section 3, Subdivision 8. Special Conditions: None Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement. Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision 5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee, will: Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved Intensive Comprehensive Peace Officer Education and Training 2024 Application (“Application”) which is incorporated by reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 2300, St. Paul, Minnesota, 55101-2139. The Grantee shall also comply with all requirements referenced in the Intensive Comprehensive Peace Officer Education and Training 2024 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement. Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the matching requirement will be met by the Grantee. Page 13 of 226 Grant Contract Agreement Page 2 of 2 DPS Grant Contract Agreement Non-State (rev. September 2022) Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1.ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15. Signed: _____________________________________________ (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ Grant Contract Agreement No./ P.O. No. A-ICPOE-2024-LAKEVLPD-037 / 3-94427 Project No.(indicate N/A if not applicable): __N/A___ 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: _____________________________________________ Print Name: __________________________________________ Title: _______________________________________________ Date: _______________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Title: ________________________________________________ Date: ________________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Distribution: DPS/FAS Title: ________________________________________________ Grantee State’s Authorized Representative Date: ________________________________________________ Page 14 of 226 Intensive Comprehensive Peace Officer Education and Training 2024 Organization: Lakeville Police Department EXHIBIT A A-ICPOE-2024-LAKEVLPD-037 Budget Summary ICPOE: Lakeville Police Department ICPOE 2024 Budget Category Award Personnel Wages Cadet 1 $23,011.20 Total $23,011.20 Payroll Taxes and Fringe Fringe Cadet 1 $6,388.80 Total $6,388.80 Program Expenses Tuition & Equipment Cadet 1 $20,600.00 Total $20,600.00 Total $50,000.00 Page 1 of 103/21/2024 Page 15 of 226 Date: 5/6/2024 Contract Amendment for Ipava Avenue Tree Watering and Maintenance Proposed Action Staff recommends adoption of the following motion: Move to approve a contract amendment with Friedges Landscaping, INC. to renew the Tree Watering and Maintenance Contract for Ipava Avenue for the 2024 season. Overview In the spring of 2023, 104 new trees were planted on Ipava Avenue under a cost reimbursement agreement with CenterPoint Energy. The trees were planted as part of the restoration of the corridor's landscape following the CenterPoint Energy gas line replacement project. Under the cost reimbursement agreement with CenterPoint Energy, three years of tree watering and maintenance services are to be provided to promote tree establishment with all expenses to be reimbursed to the City of Lakeville. The contract for tree watering and maintenance services was awarded to Friedges Landscaping, Inc. in 2023 and included the option to renew for an additional two terms if both the City and Contractor agree to the terms. Friedges provided an updated quote with pricing for tree watering and maintenance services remaining unchanged for 2024 at $19,080.00. The contract includes 10-20 watering cycles, mulch for all trees, and staking on an as-needed basis. Payments under the contract are on a per unit basis with the quoted price set as the total cost of services if all 20 watering cycles are needed. Staff recommends approval of the contract amendment with Friedges Landscaping. Supporting Information 1. Friedges Landscaping - 2024 Tree Watering and Maintenance Contract Amendment - Ipava Avenue - Signed 2. Signed Proposal 2024 3. Letterhead 4. Friedges Landscaping - 2023 Tree Watering and Maintenance Contract - Ipava Avenue Financial Impact: $19,080.00 - all funds to be reimbursed by CenterPoint Energy. Budgeted: Yes Source: Municipal State Aid Fund - Expenses to be reimbursed by CenterPoint Energy Page 16 of 226 Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zachary Jorgensen, City Forester Page 17 of 226 AMENDMENT TO CONTRACT FOR SERVICES THIS AMENDMENT (“Amendment”) is made this 6th day of May 2024 (“effective Data”) by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and FRIEDGES LANDSCAPING, INC., a Minnesota corporation, hereinafter referred to as the “Contractor”. RECITALS A. The parties entered into a Contract for Services dated June 20 th, 2023 (“Contract”) for tree maintenance and watering services on Ipava Avenue; B. The Contract provides that the City may renew the Contract for an additional 2 terms; C. The City desires to renew the Contract for an additional term. NOW, THEREFORE, the parties agree as follows: 1. Amendment to Paragraph 5 of the Agreement. The term of this Contract shall be from the effective date of the executed Amendment to Contract for Services to the completion of all work contemplated by the Contract or November 15th, 2024 unless terminated earlier pursuant to the terms of this Contract. The City shall have the right to renew this Agreement for up to one additional one-year term. 2. Effect of Agreement. Except as specifically amended by this Amendment, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the City and the Contractor have executed this Amendment as of the day and year first above written. Page 18 of 226 CITY OF LAKEVILLE By: ________________________________ Luke M. Hellier, Mayor And:________________________________ Ann Orlofsky, City Clerk FRIEDGES LANDSCAPING, INC.: By: ___________________________ Print Name:_______________________ Its:___________________________ Justin Friedges Vice President Page 19 of 226 Page 20 of 226 Pricing is good through 2024 4/9/2024 Page 21 of 226 4/9/2024 Zach Jorgensen City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: 2023 TREE WATERING AND MAINTENANCE – IPAVA AVENUE I am interested in extending the above refenced project for the 2024 season. There will be no price increase from the 2023 original quote. Best Regards, Justin Friedges Project Manager Page 22 of 226 Page 23 of 226 Page 24 of 226 Page 25 of 226 Page 26 of 226 Page 27 of 226 Page 28 of 226 Page 29 of 226 Page 30 of 226 Date: 5/6/2024 Amending the 2024 Fee Schedule Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution amending the 2024 Fee Schedule. Overview The City allows for public rental of the Emporium Room at the Keokuk Liquor Store. Staff would like to offer set-up and take-down services for a fee of $200, which is comparable to other similar venues in the area. Staff presented this fee to the Liquor Committee on April 15, 2024 and the Committee approved adding the additional fee as follows: Current rates: Deposit: $80.00 Hourly Rate Monday-Thursday: $80.00, minimum 2 hours Hourly Rate Friday-Sunday: $110.00, minimum 2 hours Bar Service: $200.00 Proposed rates- to be effective May 7, 2024: Deposit: $80.00 Hourly Rate Monday-Thursday: $80.00, minimum 2 hours Hourly Rate Friday-Sunday: $110.00, minimum 2 hours Bar Service: $200.00 Set-up / Take-down Service: $200.00 Staff recommends offering the additional service/fee for new rentals effective May 7, 2024. Supporting Information 1. Resolution Amending 2024 Fee Schedule Financial Impact: Budgeted: No Source: N/A Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 31 of 226 CITY OF LAKEVILLE RESOLUTION NO._______ Resolution Amending the 2024 Fee Schedule BE IT RESOLVED that the 2024 Fee Schedule is hereby amended effective May 7, 2024 to reflect the changes in the Keokuk Liquor Store Emporium room rental fees as follows: Emporium Room Rental Fees Deposit: $80.00 Hourly Rate Monday-Thursday: $80.00, minimum 2 hours Hourly Rate Friday-Sunday: $110.00, minimum 2 hours Bar Service: $200.00 Set-up / Take-down Service: $200.00 ADOPTED by the Lakeville City Council this 6th day of May 2024. _________________________________ Luke M. Hellier, Mayor ________________________________ Ann Orlofsky, City Clerk Page 32 of 226 Date: 5/6/2024 2024 Surface Seal Project Award of Construction Contract Proposed Action Staff recommends adoption of the following motion: Move to award the contract to Corrective Asphalt Materials, LLC for the 2024 Surface Seal Project, City Project 24-13. Overview Annually, the City has surface sealing programmed into the CIP and it is a part of the overall pavement management plan. The surface seal project this year is proposed to include sealing approximately 27.5 miles of residential roadways throughout Lakeville that have recently been rehabilitated or newly paved where the OCI (Overall Condition Index) of those roads is approximately 90 or above and are good candidates for sealant application. Surface sealing is a way to protect our newly rehabilitated or paved roadways from premature aging. The sealer used in previous years and to be used in 2024 is called Reclamite. It is a maltene-based pavement rejuvenating product that extends the life of pavements by penetrating and sealing the surface of the pavement. On Wednesday, March 27, 2024, at 10:30 a.m. the City received one bid for City Project 24-13. The bid of $487,921.20 was submitted by Corrective Asphalt Materials, LLC. The engineer's estimate for the project is $501,995.85 and has a programmed budget of $500,000. Corrective Asphalt Materials, LLC performed the surface sealing in years past and their work was acceptable. Staff reviewed the submitted bid and recommends award of the construction contract. Supporting Information 1. 24-13 Agreement 2. 2024 Surface Seal Map Financial Impact: $487,921.20 Budgeted: Yes Source: Pavement Managment Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Ferraro, Public Works Coordinator Page 33 of 226 Page 34 of 226 Page 35 of 226 Page 36 of 226 Page 37 of 226 Page 38 of 226 Page 39 of 226 Page 40 of 226 Page 41 of 226 35 35 5 70 23 50 60 46 31 9 STEVEN LNI RWIN D ALEWAYICEFALLT R LSHIRLEYLNKINGSCT BRUTUS D R EUROPAAVEKERRICKCTNORTH CREEK DR KAL MAR TRL PRIVATE RD C O UNTRY VIEW TRL SHAKE S P E ARE BLV D PRIVATE RD 173RD ST W PRIVATERD PRIVATE RD EVE NFALLAVE176TH ST W EVELETH AVEKEARNEYPATHROMEODRICEFALL WAYPRIVATERDPRIVAT ERDMA CBETH CIR I REDALE P ATHPRIVATE RDHOYA C TCRYSTALHILLSDR ASTERBILT LNPRIVATE RD PRI VATERDJULIETDR EXIRAAVECAESAR ST 177TH ST W PRIVATE R D PRIVATE RDKINDLE C T GIAN T S WAYEXLEY AVEPRIVATERD177TH ST W PRIVA T ER D PRIVATERDNORTHCREE K DRDYSARTPLSI NDEYLNPRIVATE RDPRIV 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LN168TH ST W 1 74TH ST W 21 3 T H S T WKENYONAVELAMARLN 185TH ST W ICELAND AVEIRVONAAVEIBISAVE202ND ST WJONQUIL AVE1 73RD ST W HEART H SI D E W A Y GALERY D RJASPERLN FAIRISLEPATHI S L E AVE201ST ST W IBEX AVE178T H STW 204TH ST W K NOLL S PATHD O D D L N FAIRMONTAVE176TH ST W 176THCTHAMILTONDRICON CT HEMLOCKAVEJOP L I NP ATHGRANVILL ELN 2 05TH CT W HULL AVEJUSTICEWAYELKWOODAVEJERSEYWAY2 2 0 T H ST W 176TH ST W GOSF O RD WAY IXONIALN1 6 3RDST W K EN WORTH L N J AMISONPATHELDER A V EGALLEO N C I R F R A Z ERWAY 1 6 1 S T ST W IBARRATRLIC E N I C W A YITALY AVEJAY CTIDEA L WAY F ISHINGWAY1 9 6 T H STW 1 7 3 R D ST WENGLISHPATHFALLBROOKDRELMHURST LN1 6 8 TH ST WKENTUCKYAVE ISL A NDTERH IN CKLEYA V EHIBISCUSAVEHARBORDRJADELNHYLAAVE 1 6 2 N D ST W JENKI NS WAY GOODHUEAVE D U L LESLN163RD STW HIMALAYAAVEHOU NDSDR211 T H S T W 214THS TWFIEL DIN G W AY DUNFIELDDRFANTASIAAVE197TH ST W DULU T H T R A IL1 87TH ST WJASPER WAY217TH ST W IDENWAYIXONIA AVEITERI AVEE X C EL W AYIRANAVEHANOVER AVE194TH ST W GARVEY LNELY AVEJOPLINWAY L A I GLEAVEHUMBOLDTRDL O WER 167TH ST WGOODVIEW WAY ITTA B E N AWAY 222ND ST W 163RD ST W JACQUARD AVE181ST ST W L U C E R N E T R L HEYWOOD AVE215TH ST W GA RCIA WAYKENRICKAVE LAKEFO RESTDRJUNIPER PATH ELKHORN T RLJ U N E LLE PATH 20 2ND ST W JEWELPATH HARAPPAAVEGREENST ONEWAYIREGLENPATH KERRVILLET R L KENRICKL OOP B U C K H ILLRDLAFAY E T T E W AYKESWICK LOOPLAREDOPATHLAREDO AVEIXONIA AVEH E R ONWAY 190TH ST W 215TH ST W LAIGLE AVEKAPARIA AVE175TH ST W KNOLL WOODCIRH U RONPATH GARNERAV E Crystal Lake Kingsley Lake Lee Lake Orchard Lake Valley Lake East LakeGoose Lake Lake Marion 2024 SURFACE SEAL PROJECT CITY PROJECT 24-13 0 1 20.5 Miles ² Planned for 2024 Page 42 of 226 Date: 5/6/2024 Contract for Stump Removal Services Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with DAKS Stump-N-Snow LLC for tree stump removal services. Overview Stump removal is required to complete the removal of ash trees from the public right of way, as well as miscellaneous tree removals at multiple City park and facility properties. Stump removal in the public right of way includes ash trees removed in 2023 and 2024. Stump removal at City parks and facilities will focus on maintained areas, particularly those next to playgrounds and active use areas where tree removal occurred in the past 5 years. Stump removal is being completed as part of Forestry’s annual work plan and includes stump grinding, removal of chips, and restoration of the site with topsoil and grass seed. The total amount spent on stump removal services is based on a survey of the number of ash tree stumps located in the public right of way, and the number of stumps located in park and facility properties. The contract rate will be made available to other divisions or departments, such as Public Works Streets, if additional tree stumps need to be removed from the public right of way or other project areas. The City solicited quotes from two contractors in April for 2024 stump removal services at City owned parks, facilities, and right of way locations. One quote was received from DAKS Stump- N-Snow LLC in the amount of $30,834.00. The quote met the requirements of the contract and specifications for stump removal. Staff recommends approval of the contract with DAKS Stump-N-Snow LLC. Supporting Information 1. CONTACT FOR SERVICES - DAKS STUMP-N-SNOW LLC - 2024 STUMP GRINDING - Signed by Contractor Financial Impact: $30,834 Budgeted: Yes Source: Forestry Budget Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zachary Jorgensen, City Forester Page 43 of 226 Page 44 of 226 Page 45 of 226 Page 46 of 226 Page 47 of 226 Page 48 of 226 Page 49 of 226 Page 50 of 226 Page 51 of 226 Date: 5/6/2024 Agreement Between City of Lakeville and GameTime for the Purchase of Playground and Challenge Course Equipment and with MWP Recreation for the Installation of Equipment: CIP 24-20 Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with GameTime for the purchase of playground and challenge course equipment and with MWP Recreation for the installation of equipment. 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, splash pad, cricket pitch, trails, restrooms buildings/shelters and baseball complex. The project also includes the installation of a playground and challenge course. Avonlea Community Park Playground Request for Proposals was sent to five playground manufacturers soliciting proposals to design and install the playground at Avonlea Community Park. After reviewing the playground proposals staff is recommending that the Mayor and City Council approve the purchase of the playground equipment with GameTime through Omnia which is a cooperative purchasing agency in the amount of $347,834.00. There are numerous components and play features in the design that are inclusive which allows kids with all abilities to play on the structure including poured in place surfacing, sensory wave panels, ADA swing, transform platforms, zipline track and more. Staff is also recommending the Mayor and City Council approve the installation of the play equipment in the amount of $322,388.99 with MWP Recreation through a Minnesota State Contract. Staff also reviewed two proposals to purchase and install a challenge course in the park. After reviewing the proposals, staff is recommending that the Mayor and City Council approve the purchase of challenge course equipment with GameTime through Omnia at a cost of $147,384.41. Staff is also recommending the Mayor and City Council approve the installation of the challenge course equipment with MWP Recreation in the amount of $114,939.00 through a Minnesota State Contract. Supporting Information 1. Agreement with GameTime and MWP Recreation for Playground and Challenge Course Amenities and Installation Page 52 of 226 Financial Impact: $932,546.40 Budgeted: Yes Source: Park Bond Referendum/Park Dedication Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: John Hennen, Parks and Recreation Director Page 53 of 226 1 NON-BID CONTRACT FOR PURCHASE OF GOODS (AVONLEA COMMUNITY PARK PLAYGROUND EQUIPMENT) (COOPERATIVE PURCHASING AGREEMENT) THIS AGREEMENT (“Contract”) made this 6th day of May, 2024, by and between CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and MINNESOTA PLAYGROUND, INC., a Minnesota corporation, dba PLAYCORE WISCONSIN, INC., a Wisconsin Corporation, dba GAMETIME (“Vendor”). City and Vendor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement; B. Omnia Partners Contract No. 2017001134 (a cooperative purchasing entity pursuant to Minn. Stat. Sec. 471.345, subd. 15); C. Vendor’s Proposal dated April 30, 2024; In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “C” having the last priority. 2. OBLIGATIONS OF THE VENDOR. The Vendor shall provide the goods in accordance with the Contract Documents. 3. CONTRACT PRICE. City shall pay Vendor $347,834.00 which is inclusive of all customs fees, delivery fee, taxes and reimbursable expenses. The City is tax exempt. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. Delivery of goods shall be FOB Destination, subject to inspection by the City pursuant to Paragraph 10. 4. PAYMENT PROCEDURES. City shall pay the vendor within thirty-five (35) days following receipt and inspection of the goods. 5. DELIVERY. The goods must be delivered to the City by September 13, 2024. Delivery shall be made to: Avonlea Community Park addressed as 7700 185th St. between the hours of 7:00 a.m.-2:00 p.m. Notice shall be given to the Parks and Recreation Director regarding delivery time at least 48 hours prior to delivery. The City will take the steps to unload the goods on site from the vendor. 6. VENDOR’S REPRESENTATIONS. Page 54 of 226 2 A. Vendor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Vendor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Vendor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Vendor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Vendor. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. WARRANTY. The Vendor guarantees that all warranties as specified in the quote shall be in full force and transferred to the City upon payment by the City. The Vendor shall be held responsible for any and all defects in workmanship. In addition to the warranties required in the specifications the Vendor provides the following warranties. The Vendor is responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Vendor warrants that only new unused materials will be used. The Vendor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty provided by law. 8. COPYRIGHT. Vendor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 9. PATENTED DEVICES, MATERIALS AND PROCESSES. If the contract requires, or Vendor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, Vendor shall provide for such use by suitable legal agreement with the patentee or City and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Vendor shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 10. INSPECTION AT DELIVERY. At the point of delivery, the City will have ten (10) days to inspect the goods for compliance with the Contract Documents. As the result of the inspection, the City will: Page 55 of 226 3 A. Accept the goods subject to an inspection report requiring correction and make payment; or B. Refuse to make payment until corrections are complete. 11. MISCELLANEOUS. A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Vendor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. B. Data Practices. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. C. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. D. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. E. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. F. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. G. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. Page 56 of 226 4 H. All change orders shall be in writing and signed by both City and Vendor, and shall be incorporated in, and become part of the Contract. Dated:__________________, 2024 CITY OF LAKEVILLE By: Luke Hellier, Mayor And: Ann Orlofsky, City Clerk Dated:__________________, 2024 PLAYCORE WISCONSIN, INC. DBA GAMETIME By: Print Name:_________________________________ Its:________________________________________ Page 57 of 226 City of Lakeville Attn: John Hennen 20195 Holyoke Ave. Lakeville, MN 55044 Phone: 952-985-4601 Fax:952-985-2719 jhennen@lakevillemn.gov Ship to Zip 55044 Quantity Part #Description Unit Price Amount 1 6683SP GameTime - VistaStar 7 $347,650.00 $347,650.00 1 RDU GameTime - PowerScape Play Unit - Ages 5-12 (Custom) 1 RDU GameTime - PrimeTime Play Unit - Ages 2-5 (Custom) 1 90857 GameTime - 33' SKY RUN ZIP TRACK W/ ZIP SEAT 1 RDU GameTime - 8' PrimeTime ADA Swing Set 1 6370 GameTime - TreeTop Traverse (3 climbers) 1 CONC Other - Concrete Sub-Base- 4" concrete base Includes compacted sub-base aggregate 1 178749 GameTime - Owner's Kit $84.00 $84.00 Sub Total $347,734.00 Estimated Freight $100.00 Total $347,834.00 Comments OMNIA # 2017001134 Customer is responsible for adequate access to the site Customer is responsible for excavation of site to proper subgrade depth Customer is responsible to provide a flat and level site with less than 1% grade change Customer is responsible for concrete border and walkways This quotation is subject to current MWP Recreation (MWP) policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to MWP Recreation. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and MWP, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Any changes made to product and/or services after initial order(s) has/have been received by MWP will result in production and/or schedule time frame modifications. Please contact your regional representative to receive a revised schedule for your order/project. Indemnification; Owner/Owner's Representative will indemnify and hold Minnesota Playground, Inc., dba, MWP Recreation (MWP), harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Owner/Owner's Representative's negligence or noncompliance with any of its commitments under this document. MWP will indemnify and hold Owner/Owner's Representative harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of MWP's negligence or noncompliance with any of its commitments under this document. MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | info@mnwiplay.com 04/30/2024 Quote # 104286-01-35 M - D11922H1 - Avonlea Community Park - Lakeville, MN Page 1 of 3 Page 58 of 226 Excusable Delays/Additional Costs: MWP, and/or its affiliates, shall be liable for default unless delay of performance, whether supplying materials only or including installation in accordance with our project scope, is caused by an occurrence beyond reasonable control of MWP, and/or its affiliates, such as, but not limited to, acts of Superior Force or the public enemy, acts of Government in either its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers (for transportation of goods whether raw materials or finished product) and attainability of raw materials. Such events resulting in additional costs are not included in quoted amounts and shall be the responsibility of the Owner/Owner's Representative. Any additional costs shall be provided in writing for purchaser's records and shall be due upon payment of invoice. This quotation is subject to polices in the current GameTime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GameTime, c/o MWP Recreation. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and GameTime, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Any changes made to product and/or services after initial order(s) has/have been received by GameTime will result in production and/or schedule time frame modifications. Please contact your regional representative to receive a revised schedule for your order/project. Pricing: f.o.b. factory, firm for 15 days from date of quotation. If placing an order after expiration of quote, please contact our office for updated pricing. A tax-exempt certificate is needed at time of order entry for all orders whether from tax-supported government agencies or not. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms: net 30 days for tax supported governmental agencies. Should this quotation be forwarded to an agency not listed on this quote, credit terms, as well as other terms and conditions herein, may be need to be altered. For instance, non-tax supported organization purchasing any or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax supported agency, if any, shall still be net 30 days. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Unless already on file, please include a tax exempt certificate upon order entry whether a tax supported government agency or other. GameTime Standard Product Shipment: order shall ship within eight to ten weeks after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required. Receipt of anything other than what is stated herein will not constitute an order and therefore no materials will be placed into production nor installation, if required, will be scheduled. EWF Shipment: order shall deliver within 14 - 21 days after our receipt and acceptance of your purchase order as well as schedule and weather allowing. Bulk material will ship via semi-truck/trailer with a live floor system in trailer which allows driver to deposit EWF directly onto a specific area provided proper access is available. If driver is asked to deposit EWF in certain area, driver has final say whether the site conditions allow proper access for the semi-truck/trailer. If MWP is installing EWF, bulk material will need to be deposited no farther than 30 yards from play area where surfacing is to be spread. If distance from deposited EWF to play area is greater than 30 yards, additional time/cost will be charged based on lack of site access. Additionally, this 30 yard route to install EWF must be free from any/all obstacles such as, but not limited to, landscaping, curbing, fencing, etc. Site restoration is not included and will be the responsibility of the owner/owner's representative. Road restrictions may be in effect and cause delays depending on time of year. GameTime VistaRope Products Shipment: order shall ship within ten to fourteen weeks after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit/full payment, if required. Receipt of anything other than what is stated herein will not constitute an order and therefore no materials will be placed into production nor installation, if required, will be scheduled. Freight charges: Prepaid & added Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | info@mnwiplay.com 04/30/2024 Quote # 104286-01-35 M - D11922H1 - Avonlea Community Park - Lakeville, MN Page 2 of 3 Page 59 of 226 Order Information: Bill To: _____________________________________________ Ship To: _____________________________ Company: ___________________________________________ Project Name: ________________________ Attn: ________________________________________________ Attn: _____________________________ Address: _____________________________________________ Address: ____________________________ City, State, Zip: _______________________________________ City, State, Zip: ______________________ Contact: ______________________________________________ Contact: ____________________________ Tel: _________________________________________________ Tel: ________________________________ Fax: _________________________________________________ Fax: ________________________________ Acceptance of quotation: Accepted By (printed): _________________________________ P.O. No: _____________________________ Signature: ___________________________________________ Date: ________________________________ Title: _______________________________________________ Phone: ______________________________ Facsimile: __________________________________________ Purchase Amount: $347,834.00 MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | info@mnwiplay.com 04/30/2024 Quote # 104286-01-35 M - D11922H1 - Avonlea Community Park - Lakeville, MN Page 3 of 3 Page 60 of 226 AGREEMENT BETWEEN CITY OF LAKEVILLE AND MWP RECREATION FOR AVONLEA COMMUNITY PARK POURED IN PLACE AND PLAYGROUND INSTALLATION THIS AGREEMENT made this 6th day of May 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and MWP RECREATION (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Contractor’s Proposals dated April 30, 2024 In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “B” has the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. Contractor shall not begin any work until the City has received the signed contract and has reviewed and approved the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contractor’s Proposals in the sum of $322,388.99. Additional work performed without the City’s written approval will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the Parks and Recreation Director. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) Page 61 of 226 days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Lakeville obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by the Parks and Recreation Director. Final completion shall be when all of the work is completed per the contract and 80% of the permanent cover is established, as determined by the Parks and Recreation Director. 5. COMPLETION DATE. The Work must be completed by May 31, 2025. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. Page 62 of 226 E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. Page 63 of 226 (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Page 64 of 226 Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 9. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty work. 10. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 11. PERFORMANCE AND PAYMENT BONDS. Within fifteen (15) calendar days after the execution of this Agreement and before any work or Services are rendered, Contractor shall furnish a performance bond and payment bond each in the amount of the compensation insuring the faithful performance of the Contract and payment of all obligations arising thereunder as required under Minn. Stat. Section 574.26. If the bonds are not submitted within the timeframe, then the Contract shall be considered void. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. Page 65 of 226 (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. G. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. H. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. I. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. J. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. Page 66 of 226 K. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. L. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. M. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. N. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. OWNER: CONTRACTOR: CITY OF LAKEVILLE MWP RECREATION BY: ____________________________ Luke M. Hellier, Mayor BY ___________________________ Harlan Lehman, MWP Recreation AND ___________________________ Ann Orlofsky, City Clerk Page 67 of 226 City of Lakeville Attn: John Hennen 20195 Holyoke Ave. Lakeville, MN 55044 Phone: 952-985-4601 Fax:952-985-2719 jhennen@lakevillemn.gov Ship to Zip 55044 Quantity Part #Description Unit Price Amount 1 PIP Other - Poured-in-Place Safety Surfacing, 50% black and 50% standard color, aromatic binder and security- 5470 SF @ 12 CFH and 4315 @ 9' CFH compacted sub-base aggregate except on slope $266,129.00 $266,129.00 1 DS Other - Design $1,647.00 $1,647.00 1 IS Install - Installation- Installation of Play Equipment Includes layout and digging for post holes Includes assembly and installation of play equipment Includes Lull rental Includes disposal of packaging $45,520.00 $45,520.00 1 Bond Other - P&P Bond $9,092.99 $9,092.99 Sub Total $322,388.99 Total $322,388.99 Comments Minnesota State Contract #218093 Customer is responsible for adequate access to the site Customer is responsible for excavation of site to proper subgrade depth Customer is responsible to provide a flat and level site with less than 1% grade change Customer is responsible for concrete border and walkways DISCOUNT SHOWN BELOW IS THE CREDIT FOR THE WOOD FIBER AND PIP FROM THE ORIGINAL BID. This quotation is subject to current MWP Recreation (MWP) policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to MWP Recreation. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and MWP, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Any changes made to product and/or services after initial order(s) has/have been received by MWP will result in production and/or schedule time frame modifications. Please contact your regional representative to receive a revised schedule for your order/project. Indemnification; Owner/Owner's Representative will indemnify and hold Minnesota Playground, Inc., dba, MWP Recreation (MWP), harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Owner/Owner's Representative's negligence or noncompliance with any of its commitments under this document. MWP will indemnify and hold Owner/Owner's Representative harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of MWP's negligence or noncompliance with any of its commitments under this document. MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | harlan@mnwiplay.com CONSULTANT: HARLAN LEHMAN 04/30/2024 Quote # 104286-01-37 D11922H2 - Avonlea Community Park - Lakeville, MN Entire Area PIP & Play Equipment Install Page 1 of 3 Page 68 of 226 Excusable Delays/Additional Costs: MWP, and/or its affiliates, shall be liable for default unless delay of performance, whether supplying materials only or including installation in accordance with our project scope, is caused by an occurrence beyond reasonable control of MWP, and/or its affiliates, such as, but not limited to, acts of Superior Force or the public enemy, acts of Government in either its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers (for transportation of goods whether raw materials or finished product) and attainability of raw materials. Such events resulting in additional costs are not included in quoted amounts and shall be the responsibility of the Owner/Owner's Representative. Any additional costs shall be provided in writing for purchaser's records and shall be due upon payment of invoice. This quotation is subject to polices in the current GameTime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GameTime, c/o MWP Recreation. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and GameTime, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Any changes made to product and/or services after initial order(s) has/have been received by GameTime will result in production and/or schedule time frame modifications. Please contact your regional representative to receive a revised schedule for your order/project. Pricing: f.o.b. factory, firm for 15 days from date of quotation. If placing an order after expiration of quote, please contact our office for updated pricing. A tax-exempt certificate is needed at time of order entry for all orders whether from tax-supported government agencies or not. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms: net 30 days for tax supported governmental agencies. Should this quotation be forwarded to an agency not listed on this quote, credit terms, as well as other terms and conditions herein, may be need to be altered. For instance, non-tax supported organization purchasing any or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax supported agency, if any, shall still be net 30 days. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | harlan@mnwiplay.com CONSULTANT: HARLAN LEHMAN 04/30/2024 Quote # 104286-01-37 D11922H2 - Avonlea Community Park - Lakeville, MN Entire Area PIP & Play Equipment Install Page 2 of 3 Page 69 of 226 Poured-In-Place Surfacing: 1. See product specifications for specific detailed product information, installation information, compliance documentation, and appropriate certifications. Standard warranty included unless otherwise noted. 2. Quote is based on the information provided and is subject to change based on final installation unless indicated otherwise, in writing. Any changes or additions to this proposal, to include materials, will affect pricing. 3. Sub-base provided by others is the responsibility of the owner and/or others. The substrate must meet & specifications including drainage and grade requirements. There is no demolition or site-work included in the scope of this quote unless otherwise noted above. 4. Site access must be a minimum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler, and/or water systems must be shut off 24 hours before install and remain off until 24 hours after installation is complete. 5. Additional charges for downtime/stand-by may be assessed in the event that installation is delayed due to the site not being ready as scheduled or if installation is interrupted for reasons other than those related to weather or general public emergencies. 6. Security and waste removal during install and upon completion is the responsibility of the owner, unless specified otherwise in Project Scope. 7. Installations scheduled after 6 months of proposal acceptance may be subject to price adjustments. 8. Normal lead time is 4 weeks from order date. However, scheduling and crew deployment is subject to local weather conditions including temperature and precipitation constraints. See appropriate specification for temperature and precipitation constraints. 9. The scope of this quote does not include on-site fall attenuation testing. We do have independent laboratory testing available upon request. 10. We are not responsible for the reviewing and interpreting of contracts unless approved by Director of Surfacing or otherwise noted in the Project Scope. Installation Exclusions, unless otherwise noted herein; Permits/Licensing, State or Federal (Davis Bacon) Wages, Demolition, Builders Risk Insurance, Union Fees (PLA/PSA Contracts), Drainage, Additionally Insured, Engineering, Waste/Dumpsters, OCIP, Fall Height/Attenuation Testing, Rooftop Installations, Waiver of Subrogation, Fencing/Security, Extended Warranty, Bonding, Excavation and Site Work/Preparation, Site Restoration. The following is a non-inclusive list of items that may result in additional charges (Change Order) where work cannot commence until Change Order(s) are fully executed. Sub Base not to installation standards Installation of Play Equipment not complete, resulting in return trip Poor Site Access not identified in Proposal or Project Scope Customer requirement/request for work on weekends, holidays, or overtime Any and all scope variations not agreed upon in writing Security that was not included in the base quote Waste Removal that was not included in the base quote Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Acceptance of quotation: Accepted By (printed): _________________________________ P.O. No: _____________________________ Signature: ___________________________________________ Date: ________________________________ Title: _______________________________________________ Phone: ______________________________ Facsimile: __________________________________________ Purchase Amount: $322,388.99 MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | harlan@mnwiplay.com CONSULTANT: HARLAN LEHMAN 04/30/2024 Quote # 104286-01-37 D11922H2 - Avonlea Community Park - Lakeville, MN Entire Area PIP & Play Equipment Install Page 3 of 3 Page 70 of 226 1 NON-BID CONTRACT FOR PURCHASE OF GOODS (AVONLEA COMMUNITY PARK CHALLENGE COURSE EQUIPMENT) (COOPERATIVE PURCHASING AGREEMENT) THIS AGREEMENT (“Contract”) made this 6th day of May, 2024, by and between CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and MINNESOTA PLAYGROUND, INC., a Minnesota corporation, dba PLAYCORE WISCONSIN, INC., a Wisconsin Corporation, dba GAMETIME (“Vendor”). City and Vendor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement; B. Omnia Partners Contract No. 2017001134 (a cooperative purchasing entity pursuant to Minn. Stat. Sec. 471.345, subd. 15); C. Vendor’s Proposal dated April 30, 2024; In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “C” having the last priority. 2. OBLIGATIONS OF THE VENDOR. The Vendor shall provide the goods in accordance with the Contract Documents. 3. CONTRACT PRICE. City shall pay Vendor $147,384.41 which is inclusive of all customs fees, delivery fee, taxes and reimbursable expenses. The City is tax exempt. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. Delivery of goods shall be FOB Destination, subject to inspection by the City pursuant to Paragraph 10. 4. PAYMENT PROCEDURES. City shall pay the vendor within thirty-five (35) days following receipt and inspection of the goods. 5. DELIVERY. The goods must be delivered to the City by September 13, 2024. Delivery shall be made to: Avonlea Community Park addressed as 7700 185th St. between the hours of 7:00 a.m.-2:00 p.m. Notice shall be given to the Parks and Recreation Director regarding delivery time at least 48 hours prior to delivery. The City will take the steps to unload the goods on site from the vendor. Page 71 of 226 2 6. VENDOR’S REPRESENTATIONS. A. Vendor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Vendor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Vendor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Vendor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Vendor. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. WARRANTY. The Vendor guarantees that all warranties as specified in the quote shall be in full force and transferred to the City upon payment by the City. The Vendor shall be held responsible for any and all defects in workmanship. In addition to the warranties required in the specifications the Vendor provides the following warranties. The Vendor is responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Vendor warrants that only new unused materials will be used. The Vendor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty provided by law. 8. COPYRIGHT. Vendor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 9. PATENTED DEVICES, MATERIALS AND PROCESSES. If the contract requires, or Vendor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, Vendor shall provide for such use by suitable legal agreement with the patentee or City and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Vendor shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 10. INSPECTION AT DELIVERY. At the point of delivery, the City will have ten (10) days to inspect the goods for compliance with the Contract Documents. As the result of the inspection, the City will: Page 72 of 226 3 A. Accept the goods subject to an inspection report requiring correction and make payment; or B. Refuse to make payment until corrections are complete. 11. MISCELLANEOUS. A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Vendor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. B. Data Practices. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. C. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. D. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. E. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. F. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. G. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. Page 73 of 226 4 H. All change orders shall be in writing and signed by both City and Vendor, and shall be incorporated in, and become part of the Contract. Dated:__________________, 2024 CITY OF LAKEVILLE By: Luke Hellier, Mayor And: Ann Orlofsky, City Clerk Dated:__________________, 2024 PLAYCORE WISCONSIN, INC. DBA GAMETIME By: Print Name:_________________________________ Its:________________________________________ Page 74 of 226 City of Lakeville Attn: John Hennen 20195 Holyoke Ave. Lakeville, MN 55044 Phone: 952-985-4601 Fax:952-985-2719 jhennen@lakevillemn.gov Ship to Zip 55420 Quantity Part #Description Unit Price Amount 1 13641 GameTime - Challenge Course Timing Uprt Pkg Jovial - [Basic: (BY) Burgundy] $2,526.00 $2,526.00 1 13640 GameTime - Challenge Course Timing Scorebd Pkg $6,500.00 $6,500.00 1 178749 GameTime - Owner's Kit $89.00 $89.00 1 13647 GameTime - Youth 5000 [2 Color HDPE:__________] [Accent:__________] [Accent 2:__________] [Basic:__________] [HDPE:__________] [Roto Plastic:__________] $149,031.00 $149,031.00 1 13632 GameTime - Youth 5000 Welcome Sign (Std) [Accent:__________] $2,813.00 $2,813.00 2 13650 GameTime - Start & Stop Bollard Youth Non-Timing [Basic:__________] $713.00 $1,426.00 Sub Total $162,385.00 Discount ($24,226.47) Freight $9,225.88 Total $147,384.41 Comments OMNIA #2017001134 *Pricing based on shipping/installing Challenge Course with playground. Customer is responsible for: *demolition and removal of existing equipment *site restoration *providing adequate access to the play area *concrete or wood border *electrical hook-up This quotation is subject to current MWP Recreation (MWP) policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to MWP Recreation. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and MWP, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Any changes made to product and/or services after initial order(s) has/have been received by MWP will result in production and/or schedule time frame modifications. Please contact your regional representative to receive a revised schedule for your order/project. MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | info@mnwiplay.com 04/30/2024 Quote # 103404-01-40 Challenge Course- D11922H4 AUX CC Page 1 of 2 Page 75 of 226 Indemnification; Owner/Owner's Representative will indemnify and hold Minnesota Playground, Inc., dba, MWP Recreation (MWP), harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Owner/Owner's Representative's negligence or noncompliance with any of its commitments under this document. MWP will indemnify and hold Owner/Owner's Representative harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of MWP's negligence or noncompliance with any of its commitments under this document. Excusable Delays/Additional Costs: MWP, and/or its affiliates, shall be liable for default unless delay of performance, whether supplying materials only or including installation in accordance with our project scope, is caused by an occurrence beyond reasonable control of MWP, and/or its affiliates, such as, but not limited to, acts of Superior Force or the public enemy, acts of Government in either its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers (for transportation of goods whether raw materials or finished product) and attainability of raw materials. Such events resulting in additional costs are not included in quoted amounts and shall be the responsibility of the Owner/Owner's Representative. Any additional costs shall be provided in writing for purchaser's records and shall be due upon payment of invoice. This quotation is subject to polices in the current GameTime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GameTime, c/o MWP Recreation. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and GameTime, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Any changes made to product and/or services after initial order(s) has/have been received by GameTime will result in production and/or schedule time frame modifications. Please contact your regional representative to receive a revised schedule for your order/project. Pricing: f.o.b. factory, firm for 15 days from date of quotation. If placing an order after expiration of quote, please contact our office for updated pricing. A tax-exempt certificate is needed at time of order entry for all orders whether from tax-supported government agencies or not. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms: net 30 days for tax supported governmental agencies. Should this quotation be forwarded to an agency not listed on this quote, credit terms, as well as other terms and conditions herein, may be need to be altered. For instance, non-tax supported organization purchasing any or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax supported agency, if any, shall still be net 30 days. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Unless already on file, please include a tax exempt certificate upon order entry whether a tax supported government agency or other. GameTime Standard Product Shipment: order shall ship within eight to ten weeks after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required. Receipt of anything other than what is stated herein will not constitute an order and therefore no materials will be placed into production nor installation, if required, will be scheduled. Freight charges: Prepaid & added Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Acceptance of quotation: Accepted By (printed): _________________________________ P.O. No: _____________________________ Signature: ___________________________________________ Date: ________________________________ Title: _______________________________________________ Phone: ______________________________ Facsimile: __________________________________________ Purchase Amount: $147,384.41 MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | info@mnwiplay.com 04/30/2024 Quote # 103404-01-40 Challenge Course- D11922H4 AUX CC Page 2 of 2 Page 76 of 226 1 AGREEMENT BETWEEN CITY OF LAKEVILLE AND MWP RECREATION FOR AVONLEA COMMUNITY PARK CHALLENGE COURSE INSTALLATION THIS AGREEMENT made this 6th day of May 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and MWP RECREATION (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Contractor’s Proposals dated April 30, 2024 In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “B” has the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. Contractor shall not begin any work until the City has received the signed contract and has reviewed and approved the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contractor’s Proposals in the sum of $114,939.00. Additional work performed without the City’s written approval will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the Parks and Recreation Director. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) Page 77 of 226 2 days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Lakeville obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by the Parks and Recreation Director. Final completion shall be when all of the work is completed per the contract and 80% of the permanent cover is established, as determined by the Parks and Recreation Director. 5. COMPLETION DATE. The Work must be completed by May 31, 2025 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. Page 78 of 226 3 E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. Page 79 of 226 4 (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Page 80 of 226 5 Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 9. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty work. 10. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 11. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bond are not required. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. Page 81 of 226 6 D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. G. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. H. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. I. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. Page 82 of 226 7 J. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. K. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. L. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. M. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. N. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. OWNER: CONTRACTOR: CITY OF LAKEVILLE MWP RECREATION BY: ____________________________ Luke M. Hellier, Mayor BY ___________________________ Harlan Lehman, MWP Recreation AND ___________________________ Ann Orlofsky, City Clerk Page 83 of 226 City of Lakeville Attn: John Hennen 20195 Holyoke Ave. Lakeville, MN 55044 Phone: 952-985-4601 Fax:952-985-2719 jhennen@lakevillemn.gov Ship to Zip 55044 Quantity Part #Description Unit Price Amount 1 Turf Other - Challenge Course - Includes: 4" Gravel Nailer Board Surround Perimiter Power Claw Adhesives Red Stripe Tape Geotextile Fabric Envirofill $76,449.00 $76,449.00 1 Install Other - Assemble Challenge Course Youth 5000 with signs & bollards $38,490.00 $38,490.00 Sub Total $114,939.00 Total $114,939.00 Comments Minnesota State Contract # 218093 *Pricing based on shipping/installing Challenge Course with playground. Customer is responsible for adequate access to the site Customer is responsible for excavation of site to proper subgrade depth prior to arrival Customer is responsible to provide a flat and level site with less than 1% grade change Customer is responsible for concrete border and walkways This quotation is subject to current MWP Recreation (MWP) policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to MWP Recreation. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and MWP, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Any changes made to product and/or services after initial order(s) has/have been received by MWP will result in production and/or schedule time frame modifications. Please contact your regional representative to receive a revised schedule for your order/project. Indemnification; Owner/Owner's Representative will indemnify and hold Minnesota Playground, Inc., dba, MWP Recreation (MWP), harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Owner/Owner's Representative's negligence or noncompliance with any of its commitments under this document. MWP will indemnify and hold Owner/Owner's Representative harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of MWP's negligence or noncompliance with any of its commitments under this document. MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | harlan@mnwiplay.com CONSULTANT: HARLAN LEHMAN 04/30/2024 Quote # 104286-01-36 D11922H2 - Avonlea Community Park - Lakeville, MN Challenge Course Page 1 of 2 Page 84 of 226 Excusable Delays/Additional Costs: MWP, and/or its affiliates, shall be liable for default unless delay of performance, whether supplying materials only or including installation in accordance with our project scope, is caused by an occurrence beyond reasonable control of MWP, and/or its affiliates, such as, but not limited to, acts of Superior Force or the public enemy, acts of Government in either its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers (for transportation of goods whether raw materials or finished product) and attainability of raw materials. Such events resulting in additional costs are not included in quoted amounts and shall be the responsibility of the Owner/Owner's Representative. Any additional costs shall be provided in writing for purchaser's records and shall be due upon payment of invoice. Pricing: f.o.b. factory, firm for 15 days from date of quotation. If placing an order after expiration of quote, please contact our office for updated pricing. A tax-exempt certificate is needed at time of order entry for all orders whether from tax-supported government agencies or not. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms: net 30 days for tax supported governmental agencies. Should this quotation be forwarded to an agency not listed on this quote, credit terms, as well as other terms and conditions herein, may be need to be altered. For instance, non-tax supported organization purchasing any or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax supported agency, if any, shall still be net 30 days. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Acceptance of quotation: Accepted By (printed): _________________________________ P.O. No: _____________________________ Signature: ___________________________________________ Date: ________________________________ Title: _______________________________________________ Phone: ______________________________ Facsimile: __________________________________________ Purchase Amount: $114,939.00 MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | harlan@mnwiplay.com CONSULTANT: HARLAN LEHMAN 04/30/2024 Quote # 104286-01-36 D11922H2 - Avonlea Community Park - Lakeville, MN Challenge Course Page 2 of 2 Page 85 of 226 Date: 5/6/2024 First Amendment to Concession Agreement Between the City of Lakeville and Lakeville Brewing Company, LLC. Proposed Action Staff recommends adoption of the following motion: Move to approve first amendment to concession agreement between the City of Lakeville and Lakeville Brewing Company, LLC. Overview On September 19, 2022 the City Council approved a concession agreement between the City of Lakeville and Lakeville Brewing Company, LLC. (LBC) to operate a concession stand at the newly renovated and expanded Antlers Park. LBC will serve a variety of food items along with beer and wine sales. Due to changes in liquor licensing through the State of Minnesota an amendment to the concession agreement is required. These changes resulted in LBC having to pay for and obtain a full liquor license versus just a beer and wine license. It was always the intention of LBC to only sell beer and wine. To keep both parties whole the amendment specifies the contractors (LBC) monthly cost be reduced by $2,033.00 per month for the months of June, July and August each year. Supporting Information 1. First Ammendment to Concession Agreement Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: John Hennen, Parks and Recreation Director Page 86 of 226 Page 87 of 226 Page 88 of 226 Date: 5/6/2024 Purchase Agreement with Dakota County for Wetland Banking Credits for Airlake Improvements Proposed Action Staff recommends adoption of the following motion: Move to approve a purchase agreement with Dakota County for wetland banking credits for Airlake Improvements, City Project 22-24. Overview The City and the developers of Airlake 70 First Addition and KTJ First Addition are partnering to construct the required public improvements associated with the subdivisions (City Project 22- 24). The developers entered into public improvement and special assessment agreements with the City on October 3, 2022. The agreements identify the terms and conditions of the assessments for the developers and include all costs associated with City Project 22-24. The public improvements include construction of public streets and utilities that will result in 0.88 acres of permanent wetland impacts. The Wetland Conservation Act (Minnesota Rules, chapter 8420) allows wetland losses to be replaced through the purchase of wetland banking credits. The purchase agreement with Dakota County satisfies the Wetland Conservation Act requirements. Supporting Information 1. Purchase Agreement Financial Impact: $35,093.52 Budgeted: Yes Source: Special Assessments Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Zach Johnson, City Engineer Page 89 of 226 Page 1 of 3 PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS THIS AGREEMENT is made this _10th_ day of _April_, 2024_ between Dakota County_______________(Seller) and _City of Lakeville______________________________ (Buyer). 1.Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the wetland banking credits (Credits) listed below: *AGC is for Ag bank credits and SWC is for standard bank credits. 2.Seller represents and warrants as follows: a)The Credits are deposited in an account in the Minnesota Wetland Bank administered by the Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minn. Rules Chapter 8420.0700-.0760. b)Seller owns the Credits and has the right to sell the Credits to Buyer. Credits to be Sold Credit Subgroup Credit Type SWC or AGC Wetland Type/Plant Community Type Cost per Credit Credit Amounts A SWC 2 – Fresh Wet Meadow $37,000 0.88 Per Credit Withdrawal Fee by BSA* Enter the Withdrawal Fee for the BSA of the account: Total Cost: $32,560 Total Credits: 0.88 SWC AGC SWC AGC BSA 1 $520 $270 BSA 6 $1,083 $586 Withdrawal Fee x total credits = fee BSA 2 $371 $191 BSA 7 $1,992 $1,060 $2,577 Withdrawal Fee: $2,267.76 BSA 3 $725 $389 BSA 8 $2,577 $1,348 Easement Stewardship Fee: Easement Stewardship fee x total credits = fee BSA 4 $1,412 $724 BSA 9 $2,628 $1,332 $302 Stewardship Fee: $265.76 BSA 5 $685 $367 BSA 10 $3,099 $1,580 Total Fees: $2,533.52 Grand Total: $35,093.52 DocuSign Envelope ID: 01E19EB1-B6DD-4267-A506-A6A67FBD4274 Page 90 of 226 Page 2 of 3 3.Buyer will pay Seller a total of $_32,560_ for the Credits, as follows: a)$_6,512.00__ as earnest money, in the form of a cashier’s check payable to Dakota County Treasurer, 1590 Hwy 55, Hastings, MN 55033 to be paid when this Agreement is signed; and b)The balance of $_26,048.00____ in the form of a cashier’s check payable to Dakota County Treasurer, 1590 Hwy 55, Hastings, MN 55033 to be paid on the Closing Date listed below. 4.Buyer, agrees to pay a withdrawal fee of $_2,267.76_ to the State of Minnesota based on the per credit fee of __2,577__for Bank Service Area 8 and a stewardship fee of $_265.76__ based on the per credit fee of $_302__. At the Closing Date, Buyer will execute a check made out for this amount, payable to the Board of Water and Soil Resources. 5.The closing of the purchase and sale shall occur on _or before May 1____, 2024__ (Closing Date) at __a place to be determined or by mail_. The Closing Date and location may be changed by written consent of both parties. Upon payment of the balance of the purchase price, Seller will sign a fully executed Transaction Form to Withdraw Credits provided by BWSR, provide a copy of the Transaction Form to Withdraw Credits to the Buyer and forward the same to the BWSR along with the check for the withdrawal fee and stewardship fee. 6.Buyer has applied or will apply to __the City of Lakeville_ (Local Government Unit (LGU) or other regulatory authority) for approval of a replacement plan utilizing the Credits as the means of replacing impacted wetlands. If the LGU has not approved the Buyer’s application for a replacement plan utilizing the Credits by the Closing Date, and no postponement of the Closing Date has been agreed to by Buyer and Seller in writing, then either Buyer or Seller may cancel this Agreement by giving written notice to the other. In this case, Seller shall return Buyer’s earnest money, and neither Buyer nor Seller shall have any further obligations under this Agreement. If the LGU has approved the replacement plan and the Seller is ready to proceed with the sale on the Closing Date, but Buyer fails to proceed, then the Seller may retain the earnest money as liquidated damages. 7.Seller and Buyer both agree that the electronic signature of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as wet ink signatures. DocuSign Envelope ID: 01E19EB1-B6DD-4267-A506-A6A67FBD4274 Page 91 of 226 Page 3 of 3 ___________________________________ ___________________________________ (Signature of Seller) (Date) (Signature of Buyer) (Date) APPROVED AS TO FORM: /s/ Brian J. Wisdorf 4/11/24 Assistant Dakota County Attorney/Date KS-24-163 DocuSign Envelope ID: 01E19EB1-B6DD-4267-A506-A6A67FBD4274 04/12/2024 | 5:00 PM CDT Page 92 of 226 Certificate Of Completion Envelope Id: 01E19EB1B6DD4267A506A6A67FBD4274 Status: Completed Subject: Complete with DocuSign: Purchase Agreement (City of Lakeville) - Contract #DCA21532 Source Envelope: Document Pages: 3 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Sara Glasby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1590 Highway 55 Hastings, MN 55033 Sara.glasby@co.dakota.mn.us IP Address: 35.148.66.127 Record Tracking Status: Original 4/12/2024 8:22:55 AM Holder: Sara Glasby Sara.glasby@co.dakota.mn.us Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Dakota County Location: DocuSign Signer Events Signature Timestamp Justin Miller jmiller@lakevillemn.gov City Administrator Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 73.242.80.175 Signed using mobile Sent: 4/12/2024 4:15:32 PM Viewed: 4/12/2024 5:00:09 PM Signed: 4/12/2024 5:00:35 PM Electronic Record and Signature Disclosure: Accepted: 4/12/2024 5:00:09 PM ID: a89ca19f-1a1b-4995-9587-a086288edd03 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Aaron Stolte Aaron.Stolte@kimley-horn.com Security Level: Email, Account Authentication (None) Sent: 4/12/2024 8:30:20 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ann Messerschmidt amesserschmidt@lakevillemn.gov Security Level: Email, Account Authentication (None) Sent: 4/12/2024 8:30:22 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Page 93 of 226 Carbon Copy Events Status Timestamp Luke Moren luke.moren@kimley-horn.com Security Level: Email, Account Authentication (None) Sent: 4/12/2024 8:30:20 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Glasby sara.glasby@co.dakota.mn.us Contract Specialist Dakota County Security Level: Email, Account Authentication (None) Sent: 4/12/2024 8:30:21 AM Resent: 4/12/2024 5:00:38 PM Viewed: 4/15/2024 7:05:06 AM Electronic Record and Signature Disclosure: Accepted: 7/13/2023 7:31:39 AM ID: 08a42d5a-57da-4d05-80f7-d9e89d313aa3 Travis Thiel travis.thiel@co.dakota.mn.us Security Level: Email, Account Authentication (None) Sent: 4/12/2024 8:30:21 AM Electronic Record and Signature Disclosure: Accepted: 3/22/2024 1:59:20 PM ID: 4b975fa8-b8e5-4c55-8e65-5369fad65799 Zach Johnson zjohnson@lakevillemn.gov Security Level: Email, Account Authentication (None) Sent: 4/12/2024 4:15:33 PM Viewed: 4/12/2024 4:18:00 PM Electronic Record and Signature Disclosure: Accepted: 4/12/2024 1:57:03 PM ID: aee015be-d74e-4d05-b706-bc36d7540d36 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/12/2024 8:30:22 AM Certified Delivered Security Checked 4/12/2024 5:00:09 PM Signing Complete Security Checked 4/12/2024 5:00:35 PM Completed Security Checked 4/12/2024 5:00:35 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Page 94 of 226 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Dakota County (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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How to contact Dakota County: Electronic Record and Signature Disclosure created on: 2/22/2017 3:37:08 PM Parties agreed to: Justin Miller, Sara Glasby, Travis Thiel, Zach Johnson Page 95 of 226 You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: bruce.peters@co.dakota.mn.us To advise Dakota County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at bruce.peters@co.dakota.mn.us and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. 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Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings:  Allow per session cookies Page 96 of 226  Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Dakota County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Dakota County during the course of my relationship with you. Page 97 of 226 Date: 5/6/2024 Resolution Calling a Public Hearing on Proposed Assessments Ipava Avenue and Indiana Avenue Improvements Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution calling a public hearing on proposed assessments for Ipava Avenue and Indiana Avenue Improvements, City Project 24-03. Overview The City Council held the first public hearing (improvement hearing) on December 4, 2023, providing property owners along the Ipava Avenue and Indiana Avenue Improvement project (City Project 24-03) a project summary, estimated project costs, description of the proposed assessment area, estimate of the amount to be assessed and explanation of the City's Assessment Policy. At the conclusion of the hearing, the City Council ordered the improvement and authorized the preparation of plans and specifications. Four bids for construction of City Project 24-03 were received on April 11, 2024. Results ranged from a low bid of $2,169,252.35 to a high bid of $2,824,283.06. The Engineer's construction estimate was $2,675,747.55. Based on the apparent low bid price for construction, the total project cost is anticipated to be $2,630,353. Supporting Information 1. 2024.05.06 Resolution Calling a Public Hearing Financial Impact: $2,630,353 Budgeted: Yes Source: Multiple Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zach Johnson, City Engineer Page 98 of 226 CITY OF LAKEVILLE RESOLUTION NO. 24- Calling a Public Hearing on Proposed Assessments for Ipava Avenue and Indiana Avenue Improvements WHEREAS, pursuant to the direction of the City Council, the City Clerk prepared a proposed assessment roll on the cost for the proposed improvements of Ipava Avenue (from Indiana Avenue to 185th Street) and Indiana Avenue (from Ipava Avenue to Dodd Boulevard), City Project 24-03. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: 1. A hearing shall be held on Monday, June 3, 2024, at the Lakeville Council Chambers, 20195 Holyoke Avenue, at 6:00 p.m. to pass upon such proposed assessment and, at such time and place, all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue, or join via Microsoft Teams, online Meeting ID: 270 967 142 637 and Passcode: N67eNL or by dialing toll phone number 1- 323-433-2142 and entering Phone Conference ID: 244 190 036#. The mayor will allow for public comments and questions at the appropriate time. The City expects to issue bonds for the project costs. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property may, prior to certification of the assessment to the county auditor, pay the whole or portion of the assessment on such property. No interest will be charged if the entire assessment is paid by November 15, 2024. No partial payments will be accepted after November 15, 2024. Payments made between November 16, 2024 and December 15, 2024 will include daily interest accrued from November 16 to the date of the payment. The first-year installment payments will be due with taxes payable 2025 and will include interest accrued from November 16, 2024 – December 31, 2025. The property owner may at any time pay the entire amount of the assessment remaining unpaid. ADOPTED by the Lakeville City Council this 6th day of May 2024. ______________________________ Ann Orlofsky, City Clerk Luke M. Hellier, Mayor Page 99 of 226 Date: 5/6/2024 Public Hearing on the application for Lakeville Brewing Co, LLC DBA "LBC on the Lake" for an On-Sale Intoxicating Liquor License Proposed Action Staff recommends adoption of the following motion: Move to grant an On-Sale Intoxicating Liquor License for LBC on the Lake at 20135 Ipava Avenue. Overview LBC on the Lake, located at 20135 Ipava Avenue, will be opening a concession building in Antlers Park. The business will operate as a counter-service concession stand, allowing food and N/A drinks throughout the park. Food, beer, and wine consumption will be permitted in the fenced area adjacent to and to the West of the building. The Police Department conducted a background investigation on the corporate officers and found no reason to deny the licenses requested. Therefore, the applicants will be present at the public hearing. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 100 of 226 Date: 5/6/2024 Public Hearing on the application for Final Final Final Lounge & Event Center for a Consumption and Display Permit Proposed Action Staff recommends adoption of the following motion: Move to approve a consumption and display (set-up) permit for Final Final Final Lounge & Event Center for the period of May 2024 through March 31, 2025. Overview Final Final Final Lounge & Event Center, located at 17830 Kenwood Trail, has requested a consumption and display (set-up) permit. The permit allows customers to bring alcoholic beverages for consumption on the premises but does not allow the sale of alcohol. It requires approval by both the local governing body and the State of Minnesota Alcohol and Gambling Enforcement Division. The Police Department conducted a background investigation on the corporate officers and found no reason to deny the licenses requested. Therefore, the applicant will be present at the public hearing. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 101 of 226 Date: 5/6/2024 Ordinance Amending Titles 10 and 11 of the City Code and Summary Ordinance for Publication Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Titles 10 and 11 of the City Code and a summary ordinance for publication. Overview Community Development Department staff recommends approval of an ordinance amending Titles 10 (Subdivision Ordinance) and 11 (Zoning Ordinance) of the City Code as presented. The proposed ordinance amendment is Phase 1 of the 2024 annual review and update of the Zoning Ordinance, and it includes amendments pertaining to outlot subdivision and subdivision applications, natural landscaping, sacred communities, residential transition requirements, public parking, commercial car washes, and uses within the M-2 and I-1 districts. In addition, the ordinance amendment includes modifications to various zoning definitions, minimum plant sizes, outdoor storage, education uses, home occupations, and motor fuel facility signs. The Planning Commission discussed the 2024 Zoning Ordinance update items at their February 8, 2024 work session. The Planning Commission held a public hearing on the proposed ordinance amendment at their April 25, 2024 meeting. There was one public comment, expressing support for the proposed amendments. The Planning Commission unanimously recommended approval of the ordinance amendment. Supporting Information 1. Draft ordinance (redlined) 2. Draft ordinance (clean) 3. Summary ordinance 4. April 25, 2024 draft Planning Commission minutes 5. April 17, 2024 planning memo, revised on April 26, 2024 Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Kris Jenson, Planning Manager Page 102 of 226 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE OF THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 10-1-5 of the Subdivision Ordinance (General Subdivision Provisions - Administrative Subdivisions) is hereby amended to include the following provision: D. Any subdivision of an outlot shall be processed as a preliminary and final plat in accordance with this title. Section 2. Section 10-2-1 of the Subdivision Ordinance (Procedures for Filing and Review – Sketch Plan) is hereby amended to read as follows: 10-2-1: SKETCH PLAN:In order to ensure that all applicants are informed of the procedural requirements and minimum standards of this title, and the requirements or limitations imposed by other city ordinances, plans and/or policies, prior to the preparation of a preliminary plat, all applicants shall present a sketch plan to the zoning administrator prior to filing a preliminary plat. Approval of the sketch plan shall not be considered binding in regard to subsequent plat review. The zoning administrator, notably in the case of multiphased projects, shall have the authority to refer the sketch plan to the planning commission and/or city council for review and comment. The sketch plan submission shall include, but not be limited to, electronic files of the following: A. Formal request for subdivision. B. Ten (10) copies of the A plat sketch plan at a scale not less than one inch equals one hundred feet (1" = 100'). C. An eight and one-half inch by eleven inch (81/2" x 11") reduction of the sketch plan. DC. Escrow deposit to pay review costs of city staff and consultants. ED. In cases of multiphased subdivisions, applicable preliminary plat submission information as regulated by section 10-3-2 of this title. Section 3. Section 10-2-2.A of the Subdivision Ordinance (Procedures for Filing and Review - Preliminary Plat) is hereby amended to read as follows: A. Filing: Ten (10) copies of theThe preliminary plat including all information outlined in section 10-3-2 of this title and list of property owners located within five hundred feet (500') of the subject property obtained from and certified by an abstract company, shall be submitted as electronic files to the zoning administrator. The required filing fee(s) as Page 103 of 226 2 established by city council resolution shall be paid and any necessary applications for variances from the provisions of this title shall be submitted with the required fee. The plat shall be officially submitted when all the information requirements are complied with. In cases where an application is judged to be incomplete, the zoning administrator shall notify the applicant, in writing, within fifteen (15) days of the date of submission. Section 4. Section 10-2-3.B of the Subdivision Ordinance (Procedures for Filing and Review – Common Interest Communities) is hereby amended to read as follows: B. Review: A request for common interest community approval, as provided within this title, shall be filed with the zoning administrator on an official application form. Unless modified by the zoning administrator, such application shall be accompanied by a fee as provided for by city council resolution. Such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed common interest community. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the zoning administrator shall notify the applicant, in writing, within ten (10)fifteen (15) days of the date of submission. Section 5. Section 10-2-3.C.1 of the Subdivision Ordinance (Procedures for Filing and Review – Common Interest Communities) is hereby amended to read as follows: 1. Five (5) copiesElectronic files shall be submitted to the zoning administrator of the following information regarding the common interest community, including: a. All information outlined in section 10-3-3 of this title as determined applicable by the zoning administrator. b. Proposed declaration and bylaws prepared in accordance with Minnesota Statutes 515B, as may be amended. Section 6. Section 10-2-4.A of the Subdivision Ordinance (Procedures for Filing and Review - Final Plat) is hereby amended to read as follows: A. Review: After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the subsections which follow. The city may agree to review the preliminary and final plats simultaneously. Request for final plat approval, as provided within this title, shall be filed with the zoning administrator on an official application form. Unless modified by the zoning administrator, such application shall be accompanied by a fee as provided for by city council resolution. Such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed final plat. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the zoning administrator shall notify the applicant, in writing, within ten (10) fifteen (15) days of the date of submission. Section 7. Section 10-2-4.B.1 of the Subdivision Ordinance (Procedures for Filing and Review - Final Plat) is hereby amended to read as follows: Page 104 of 226 3 1. Five (5) copies of theThe final plat including all information outlined in section 10-3-3 of this title shall be submitted as electronical files to the zoning administrator. Section 8. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions) is hereby amended to revise the following definitions and list them alphabetically: COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services., including, but not limited to, the following unless specifically defined by this title: A. Office (General)OFFICE (GENERAL): An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, or administrative service operations including attorneys, financial advisors, consultants, insurance, and other uses of similar character. B. Office (Medical)OFFICE (MEDICAL): An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional medical or dental service operations, outpatient health services, and other uses of similar character. C. Restaurant (Convenience)RESTAURANT (CONVENIENCE): An establishment that serves food and/or beverages, in or on disposable or edible containers, for consumption on or off premises, including drive-in restaurants, and including drive- through facilities. D. Restaurant (General)RESTAURANT (GENERAL): An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building. E. Retail BusinessRETAIL BUSINESS: An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building, excluding any exterior display and sales. F. Service Business (Off Site)SERVICE BUSINESS (OFF SITE): A company that provides labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character. G. Service Business (On Site)SERVICE BUSINESS (ON SITE): An establishment that provides labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks, copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, funeral homes and mortuaries, animal grooming, appliance repair, tailor shops, travel bureaus, but not including auto repair (major or minor). Section 9. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions) is hereby amended to revise the following definitions: AUTOMOBILE REPAIR, MINOR: Installation, including cellular telephones, audio electronics systems, and minor repairs, upholstering, replacement of parts (tires, glass, etc.), exterior and interior detailing, window tinting, and minor motor services to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds' gross weightclassified by the Federal Highway Page 105 of 226 4 Administration as Class 3 or smaller, but not including any operation specified under the definition of "automobile repair, major" in this section. DAYCARE FACILITY: Any facility licensed by the State Department of Human Services, public or private, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person's own home, including head start and early education programs. RELIGIOUS INSTITUTION: A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. A church, synagogue, mosque, or other religious organization organized under Minnesota Statutes Chapter 315. Section 10. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions) is hereby amended to add the following definitions: ADULT EDUCATION: A day or evening program offered by a district that is for people who do not attend an elementary or secondary school and are not subject to compulsory attendance offers academic and English language instruction necessary to earn a high school diploma or equivalency certificate administered in accordance with Minnesota Rules 124D. FUNERAL HOME OR MORTUARY: An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals. MANAGED NATURAL LANDSCAPE: A planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants; does not include turf-grass lawns left unattended for the purpose of returning to a natural state. MICRO UNIT (DWELLING): A mobile residential dwelling providing permanent housing within a sacred community meeting requirements of Minnesota Statutes 327.30, Subd. 4. SACRED COMMUNITY: A residential settlement established on or contiguous to the grounds of a religious institution’s primary worship location primarily for the purpose of providing permanent housing for chronically homeless persons, extremely low-income persons, and designated volunteers meeting the requirements of Minnesota Statues 327.30, Subd. 3. Section 11. Section 11-21-7 of the Zoning Ordinance (Fencing/Screening/Landscaping – General Mandatory Landscaping and Maintenance) is hereby amended to include the following provisions with subsequent sections renumbered accordingly: C. Natural Landscaping: Any owner or occupant of a lot or parcel within a residential district established by section 11-45-1 of this title desiring natural landscaping may apply for a natural landscaping permit where native grasses and forbs may exceed eight inches (8") in height, subject to the review and approval by the Zoning Administrator; provided, that: 1. Application: An application for an administrative permit as provided for by chapter 8 of this title shall be submitted, including the following additional information: Page 106 of 226 5 a. Statement of intent and purpose in cultivating natural landscaping. b. A site plan drawn to scale illustrating the following information: (1) Lot lines. (2) Location of principal and accessory buildings. (3) Any drainage and utilities easements upon the property. (4) Boundaries of wetlands, wetland buffers, required buffer yards, stormwater basins, drainageways or public waters within the property. (5) Location of the proposed natural landscaping. c. Latin and common names of the species the property owner or occupant plans to cultivate. d. Name and address of the person(s) who will be responsible for maintenance of the natural landscaping. e. A maintenance plan, which shall contain the following: (1) Planting diagram showing the location and mature height of all specimens of natural landscaping; and (2) Detailed information on the upkeep of each specimen; and (3) Details of any long term maintenance required for natural landscaping; and (4) Other information as may be required by the Zoning Administrator. 2. Setbacks. Natural landscaping shall be set back ten feet (10') from any lot line abutting a public right-of-way and five feet (5') from interior side and rear lot lines. Section 12. Section 11-21-9.C.1 of the Zoning Ordinance (Fencing/Screening/Landscaping – Required Screening and Landscaping) is hereby amended to revise the following row: Coniferous evergreen trees 86 feet Section 13. Section 11-21-9.E.5.a of the Zoning Ordinance (Fencing/Screening/Landscaping – Required Screening and Landscaping) is hereby amended to read as follows: a. Buffer Yards: Except where natural vegetation is acceptable, buffer yards shall contain a combination of earth berms, plantings, or privacy fencing of Page 107 of 226 6 a sufficient density to provide a minimum visual screen and a reasonable buffer a minimum height of ten feet (10')eight feet (8’): (1) The height of the buffer yard shall be measured along a line drawn at the back of the curb of the roadway, or the edge of bituminous, to the ground elevation at the rear line of the building pad to the height of the plantings to be installed as defined by this section. (2) Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than ten feet (10')eight feet (8’) above the grade of an adjacent major collector or arterial street, the minimum screening height requirements of this section shall not apply. (3) Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than six feet (6') below the centerline grade of an adjacent major collector or arterial street, the minimum screening height requirements shall be reduced by four feet (4') along major collector or arterial streets. Section 14. Section 11-22-7.D of the Zoning Ordinance (Outdoor Storage – Land/Sea Containers or Parking of Semitractor Trailers) is hereby amended to read as follows: D. Surface: All land/sea containers and semitractor trailers used for outdoor storage shall be parked on a concrete, bituminous, one hundred percent (100%) crushed rock, or crushed concrete surfaceThe area upon which the land/sea containers and semitractor trailers are located shall be surfaced with asphalt, concrete or pavers with perimeter concrete curb, unless the city engineer exempts all or portions of the curb for stormwater management purposes. Section 15. Section 11-31-1 of the Zoning Ordinance (Daycares – Purpose) is hereby amended to read as follows: 11-31-1: PURPOSE: The regulation of daycare, head start, and early childhood education facilities in this title (herein after “daycare” or “daycares”) is to establish standards and procedures by which daycare facilities can be conducted within the City without jeopardizing the health, safety, and general welfare of the daycare participants and/or the surrounding neighborhood. This chapter establishes the City's minimum requirements for the establishment of a daycare facility not allowed established in accordance with Minnesota Statutes as permitted uses. Section 16. Section 11-31-3.A of the Zoning Ordinance (Daycares – Application) is hereby amended to read as follows: A. Conditional Use: Daycare facilities, except as otherwise provided for, shall be allowed as a conditional use within the zoning districts established by chapter 45 of this title, subject to the regulations and requirements of chapter 4 of this title. In addition to the City regulation, all daycare facility operations shall comply with the minimum requirements of the applicable Minnesota Department of Human Services regulations. Page 108 of 226 7 Section 17. Section 11-31-7 of the Zoning Ordinance (Daycares – Nonconforming Use) is hereby repealed: 11-31-7: NONCONFORMING USE: Existing daycare facilities lawfully existing on the effective date hereof may continue as nonconforming uses. They shall, however, be required to obtain applicable State and City permits for their continued operation. Any existing daycare facility that is discontinued for a period of more than thirty (30) days, or is in violation of the title provisions under which it was initially established, shall be brought into conformity with the provisions of this chapter. Section 18. Section 11-32-7.K of the Zoning Ordinance (Home Occupations – General Provisions) is hereby amended to read as follows: K. Employment: NoNot more than one (1) person other than those who customarily reside on the premises shall be employed by the home occupation, except that one (1) employee that does not reside on the premises shall be allowed provided that the home occupation does not involve on-site services for clients. Section 19. Chapter 33 of the Zoning Ordinance (Specialized Housing) is hereby amended to include the following provisions: 11-33-7: SACRED COMMUNITIES: A. Conditional Use. 1. Dwelling in micro units within a sacred community shall be allowed upon approval of a conditional use permit subject to the requirements of this section. 2. Once approved additional conditional use permit applications shall not be required for individual units. B. Operating Plan Required. A written plan approved by the religious institution’s governing board shall be submitted with application for a conditional use permit to allow dwelling in micro units within a sacred community that outlines: 1. Disposal of water and sewage in accordance with subsection 11-33-7.C of this section. 2. Exterior lighting installed in accordance with section 11-16-17 of this title. 3. Provision of access to public streets and adequate off-street parking in compliance with chapter 19 of this title. 4. Protocols for security and addressing conduct by residents dwelling in micro units within the sacred community. 5. Safety protocols for residents dwelling in micro units within the sacred community. C. Utilities. Residents of micro units shall have access to water and electric utilities either by: Page 109 of 226 8 1.Connecting the micro units to the utilities that are serving the principal building on the lot or by other comparable means; or 2. By providing the residents access to permanent common kitchen facilities and common facilities for toilet, bathing, and laundry with the number and type of fixtures required for an R-2 boarding house under Minnesota Rules, part 1305.2902. 3. Any units that are plumbed shall not be included in determining the minimum number of fixtures required for the common facilities. D. Setbacks. Micro units shall be setback a minimum of ten feet (10;) from other structures or property lines. E. Insurance. Micro units within a sacred community as allowed by this section shall be appropriately insured. F. Occupancy. Between one third (1/3) and forty (40) percent of the micro units shall be occupied by designated volunteers as defined by Minnesota Statutes 327.30, Subd. 1. G. Annual Certification. The religious institutional shall annually certify to the Zoning Administrator that it has complied with the eligibility requirements set forth by Minnesota Statutes 327.30, Subd. 2 for residents dwelling in micro units within a sacred community allowed by this section. Section 20. Section 11-37-3.E.6.b(4) of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby repealed: (4) The use of contrasting colors upon the canopy elevations shall be in lieu of a walls sign(s) mounted upon the principal building. Section 21. Section 11-37-3.F.4 of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby amended to read as follows: 4. Canopy lighting shall consist of canister spotlights recessed into the canopy with no portion of the light source or fixture extending below the bottom face of the canopy. Total canopy illumination may not exceed the limits established by subsection 11-16-17.A of this title. The fascia of the canopy shall not be illuminated except as allowed by Section 11-37-3.E.6 of this title. Section 22. Section 11-37-3.F.6 of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby amended to read as follows: 6. Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure as provided for by Section 11-23-15.O of this title, provided that: Page 110 of 226 9 a. The individual canopy sign does not exceed more than twenty percent (20%) of the canopy facade facing a public right-of-way. b. The canopy fascia shall not be illuminated, except for permitted canopy signage. Section 23. Section 11-37-7.B.6.f(2)(D) of the Zoning Ordinance (Motor Vehicle Fuel Facilities –Truck Stops) is hereby repealed: (D) The use of contrasting colors upon the canopy elevations shall be in lieu of a walls sign(s) mounted upon the principal building. Section 24. Section 11-37-7.B.7.d of the Zoning Ordinance (Motor Vehicle Fuel Facilities –Truck Stops) is hereby amended to read as follows: d.Canopy lighting shall consist of canister spotlights recessed into the canopy with no portion of the light source or fixture extending below the bottom face of the canopy. Total canopy illumination may not exceed the limits established by subsection 11-16-17.A of this title. The fascia of the canopy shall not be illuminated except as allowed by Section 11-37-7.B.6.f of this title. Section 25. Section 11-37-7.B.7.f of the Zoning Ordinance (Motor Vehicle Fuel Facilities –Truck Stops) is hereby amended to read as follows: f. Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure as provided for by Section 11-23-15.O of this title, provided that: (1) The individual canopy sign does not exceed more than twenty percent (20%) of the canopy facade facing a public right-of-way. (2) The canopy fascia shall not be illuminated, except for permitted canopy signage. Section 26. Section 11-50-7.A of the Zoning Ordinance (RS-1 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 27. Section 11-50-7.D of the Zoning Ordinance (RS-1 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, Page 111 of 226 10 including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 28. Section 11-50-7 of the Zoning Ordinance (RS-1 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 29. Section 11-51-7.A of the Zoning Ordinance (RS-2 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 30. Section 11-51-7.D of the Zoning Ordinance (RS-2 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including, preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 31. Section 11-51-7 of the Zoning Ordinance (RS-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 32. Section 11-52-7.A of the Zoning Ordinance (RS-3 District – Conditional Uses) is hereby amended to read as follows: Page 112 of 226 11 A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 33. Section 11-52-7.D of the Zoning Ordinance (RS-3 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 34. Section 11-52-7 of the Zoning Ordinance (RS-3 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 35. Section 11-53-7.A of the Zoning Ordinance (RS-4 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 36. Section 11-53-7.D of the Zoning Ordinance (RS-4 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 37. Section 11-53-7 of the Zoning Ordinance (RS-4 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: Page 113 of 226 12 G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 38. Section 11-54-7.A of the Zoning Ordinance (RS-CBD District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 39. Section 11-54-7.C of the Zoning Ordinance (RS-CBD District – Conditional Uses) is hereby amended to read as follows: C. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 40. Section 11-54-7 of the Zoning Ordinance (RS-CBD District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 41. Section 11-55-7.A of the Zoning Ordinance (RSMH District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 42. Section 11-55-7.D of the Zoning Ordinance (RSMH District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational Page 114 of 226 13 institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 43. Section 11-55-7 of the Zoning Ordinance (RSMH District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 44. Section 11-55-7.A of the Zoning Ordinance (RST-1 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 45. Section 11-56-7.D of the Zoning Ordinance (RST-1 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 46. Section 11-56-7 of the Zoning Ordinance (RST-1 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Page 115 of 226 14 Section 47. Section 11-57-7.A of the Zoning Ordinance (RST-2 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 48. Section 11-57-7.D of the Zoning Ordinance (RST-2 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 49. Section 11-57-7 of the Zoning Ordinance (RST-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 50. Section 11-58-9.A of the Zoning Ordinance (RM-1 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 51. Section 11-58-9.D of the Zoning Ordinance (RM-1 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Page 116 of 226 15 Section 52. Section 11-58-9 of the Zoning Ordinance (RM-1 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 53. Section 11-58-25 of the Zoning Ordinance (RM-1 District – Transition Requirement) is hereby amended to read as follows: 11-58-25: TRANSITION REQUIREMENT: Any RM-1 zoned property abutting an RS-1, RS- 2, or RS-3, RS-4, RS-CBD district within the MUSA shall have a minimum of one tier of single- family detached, two-family dwelling lots, or detached townhomes bordering such a district and shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions of this section may be granted at the time of preliminary plat approval, provided one or more of the following conditions exist: A. The properties are separated by a major collector or arterial street. B. The abutting land use is a nonresidential use allowed in the district in which it is located. C. The properties are separated by a railroad right of way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred feet (100') across its entire length. D. The properties are separated by a buffer yard subject to the following provisions: 1. The buffer yard shall be a minimum width of twenty feet (20') across its entire length for properties separated by a minor collector or local street right of way. The buffer yard separation between properties not divided by a minor collector or local street right of way shall be sixty feet (60'). 2. The buffer yard is installed in accordance with requirements for a buffer yard providing a minimum ten foot (10') screening height, subject to subsection 11-21- 9.E of this title. 3. There shall be no direct unit access from the RM-1 district use through the buffer yard to any minor collector or local street separating the properties. E. The requirements of this section shall not apply to any RM-1 zoned property abutting an RS-1, RS-2, or RS-3, RS-4, RS-CBD district within the same preliminary plat. Section 54. Section 11-59-9.A of the Zoning Ordinance (RM-2 District – Conditional Uses) is hereby amended to read as follows: Page 117 of 226 16 A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 55. Section 11-59-9.D of the Zoning Ordinance (RM-2 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 56. Section 11-59-9 of the Zoning Ordinance (RM-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 57. Section 11-59-25 of the Zoning Ordinance (RM-2 District – Transition Requirement) is hereby amended to read as follows: 11-59-25: TRANSITION REQUIREMENT: Any RM-2 zoned property abutting an RS-1, RS- 2, or RS-3, RS-4, RS-CBD district within the MUSA shall have a minimum of one tier of single- family detached, two-family dwelling lots, or detached townhomes bordering such a district and shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions of this section may be granted at the time of preliminary plat approval, provided one or more of the following conditions exist: A. The properties are separated by a major collector or arterial street. B. The abutting land use is a nonresidential use allowed in the district in which it is located. C. The properties are separated by a railroad right of way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred feet (100') across its entire length. D. The properties are separated by a buffer yard subject to the following provisions: 1. The buffer yard shall be a minimum width of twenty feet (20') across its entire length for properties separated by a minor collector or local street right of way. The buffer yard separation between properties not divided by a minor collector or local street right of way shall be sixty feet (60'). Page 118 of 226 17 2. The buffer yard is installed in accordance with requirements for a buffer yard providing a minimum ten foot (10') screening height, subject to subsection 11-21- 9.E of this title. 3. There shall be no direct unit access from the RM-2 district use through the buffer yard to any minor collector or local street separating the properties. E. The requirements of this section shall not apply to any RM-2 zoned property abutting an RS-1, RS-2, or RS-3, RS-4, RS-CBD district within the same preliminary plat. Section 58. Section 11-60-9.A of the Zoning Ordinance (RS-2 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 59. Section 11-60-9.C of the Zoning Ordinance (RM-3 District – Conditional Uses) is hereby amended to read as follows: C. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 60. Section 11-60-9 of the Zoning Ordinance (RM-3 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 61. Section 11-60-25 of the Zoning Ordinance (RM-3 District – Affordable Housing) is hereby amended to read as follows: 11-60-25: AFFORDABLE HOUSING: Housing qualified for meeting the city's allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections 11-60-1921.B, C, and H of this chapter by conditional use permit, provided guarantees satisfactory to the city are in place to ensure that "for sale" housing will meet the affordable housing requirement for initial sales and "for rent" housing will meet the affordable housing requirement for the initial ten (10) year rental period. Page 119 of 226 18 Section 62. Section 11-61-7.A of the Zoning Ordinance (RH-1 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 63. Section 11-61-7.D of the Zoning Ordinance (RH-1 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 64. Section 11-61-7 of the Zoning Ordinance (RH-1 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: I. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 65. Section 11-61-23 of the Zoning Ordinance (RH-1 District – Transition Requirement) is hereby amended to read as follows: 11-61-23: TRANSITION REQUIREMENT: Any RH-1 zoned property abutting an RS-1, RS- 2, or RS-3, RS-4, RS-CBD district within the MUSA shall have a minimum of one tier of single- family detached, two-family dwelling lots, or detached townhomes bordering such a district and shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions of this section may be granted at the time of preliminary plat approval, provided one or more of the following conditions exist: A. The properties are separated by a major collector or arterial street. B. The abutting land use is a nonresidential use allowed in the district in which it is located. C. The properties are separated by a railroad right of way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred feet (100') across its entire length. Page 120 of 226 19 Section 66. Section 11-62-7.A of the Zoning Ordinance (RH-2 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 67. Section 11-62-7.D of the Zoning Ordinance (RH-2 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 68. Section 11-62-7 of the Zoning Ordinance (RH-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: I. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 69. Section 11-62-23 of the Zoning Ordinance (RH-2 District – Transition Requirement) is hereby amended to read as follows: 11-62-23: TRANSITION REQUIREMENT: Any RH-2 zoned property abutting an RS-1, RS- 2, or RS-3, RS-4, RS-CBD district within the MUSA shall have a minimum of one tier of single- family detached, two-family dwelling lots, or detached townhomes bordering such a district and shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions of this section may be granted at the time of preliminary plat approval, provided one or more of the following conditions exist: A. The properties are separated by a major collector or arterial street. B. The abutting land use is a nonresidential use allowed in the district in which it is located. C. The properties are separated by a railroad right of way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred feet (100') across its entire length. Section 70. Section 11-63-9.A of the Zoning Ordinance (RH-CBF District – Conditional Uses) is hereby amended to read as follows: Page 121 of 226 20 A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 71. Section 11-63-9.C of the Zoning Ordinance (RH-CBD District – Conditional Uses) is hereby amended to read as follows: C. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 72. Section 11-63-9 of the Zoning Ordinance (RH-CBD District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: I. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 73. Section 11-65-3 of the Zoning Ordinance (M-1 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 74. Section 11-65-3.E of the Zoning Ordinance (M-1 District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 75. Section 11-65-3.M of the Zoning Ordinance (M-1 District – Permitted Uses) is hereby amended to read as follows: M. Public garages and parking lots; city of Lakeville only. Section 76. Section 11-65-7.A of the Zoning Ordinance (M-1 District – Conditional Uses) is hereby amended to read as follows: A. Auto repair, minor, provided that: Page 122 of 226 21 1.The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the city engineer. 2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty feet (150'). 3. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. 4. Parking space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. No outside storage except as allowed in compliance with this chapter of any product (whether new, used or to be discarded or recycled) and no overnight parking shall be allowed. 6. Service bay doors shall not face any residential district or use and shall remain closed at all times unless open to more a vehicle into or out of a service bay. 67. Sale of products other than those specifically mentioned in this section be subject to a conditional use permit and be in compliance with this section. 8. Building and off-street parking stalls and drive aisles related to the use shall be located no closer than five hundred feet (500’) of a principal arterial roadway. 79. All conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. Section 77. Section 11-65-7.D of the Zoning Ordinance (M-1 District – Conditional Uses) is hereby amended read as follows: D. Commercial car washes (drive-through, mechanical and self-service) provided that: 1. A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building. 2.Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 3. Magazine or stacking space must not interfere with onsite circulation patterns or required on site parking or loading areas. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. Page 123 of 226 22 a. Where the car wash operation is within five hundred feet (500') of a residential district, For self-service and single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. b. For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel. c. Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed seventy decibels (70 dB). 6. Building and parking related to the use shall be located no closer than five hundred feet (500’) of a principal arterial roadway. 67. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residential zoning district established by chapter 45 of this title. 78. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. 9. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city council. Section 78. Section 11-65-7.F of the Zoning Ordinance (M-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: F. Community preschool, latchkey and adult education facilities provided that: 1. Licensing: The employees and facility are licensed by the state department of human services and comply with the minimum requirements of the department of welfare. 2. Ages: The ages of the children attending the preschool range from three (3) years to twelve (12) years. 3. Hours: The hours of operation coincide with those of the commercial retail stores in the area or complex. 4. Attendance: The attendance of children in the latchkey and preschool program is on a long term scheduled enrollment program instead of on a temporary, sporadic basis. 5. Lot Requirements And Setbacks: The proposed site for a community preschool, latchkey and adult education facility must have a minimum lot area as determined by the Minnesota department of welfare. The city council may increase the Page 124 of 226 23 required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain public health, safety and general welfare. The community preschool, latchkey and adult education facility must meet the minimum setback requirements of the respective zoning district. 6. Sewer And Water: All community preschool, latchkey and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 7. Screening: Where the community preschool, latchkey and adult education facility is in or abuts any residential use or zoned property, the community preschool, latchkey and adult education facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of this title. 8. Parking: a. When a community preschool, latchkey and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required. b. Parking and loading areas shall be separate from any outdoor play area. 9. Community Preschool, Latchkey And Adult Education Building/Space: The building plans for the construction or alteration of a structure that shall be used as a community preschool, latchkey and adult education facility shall be submitted to the city for review by the building official to ensure the structure is in compliance with the state fire and building codes. The facility shall meet the following conditions. a. The architectural appearance and functional plan of the building and site shall comply with the requirements of section 11-17-9 of this title. b. When the community preschool, latchkey and adult education facility is a use within a multi-tenant building, it shall be located in a portion of the building separated from the other uses located within the structure. c. The community preschool, latchkey and adult education facility shall be adequately soundproofed to remove extraneous noise that would interfere with the community preschool, latchkey and adult education operation and would affect the health, safety and welfare of the community preschool, latchkey and adult education participants. Section 79. Section 11-65-7.P of the Zoning Ordinance (M-1 District – Conditional Uses) is hereby amended to read as follows: P. Religious institutions such as churches, chapels, temples, and synagogues, including social services; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Page 125 of 226 24 Section 80. Section 11-66-3 of the Zoning Ordinance (M-2 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 81. Section 11-66-3.E of the Zoning Ordinance (M-2 District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 82. Section 11-66-3.K of the Zoning Ordinance (M-2 District – Permitted Uses) is hereby amended to read as follows: K. Public garages and parking lots; city of Lakeville only. Section 83. Section 11-66-7 of the Zoning Ordinance (M-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: A. Auto repair, minor, provided that: 1.The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the city engineer. 2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty feet (150'). 3. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. 4. Parking space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. No outside storage of any product (whether new, used or to be discarded or recycled) and no overnight parking shall be allowed. 6. Service bay doors shall not face any residential district or use and shall remain closed at all times unless open to more a vehicle into or out of a service bay. 7. Sale of products other than those specifically mentioned in this section be subject to a conditional use permit and be in compliance with this section. 8. Building and off-street parking stalls and drive aisles related to the use shall be located no closer than five hundred feet (500’) of a principal arterial roadway. Page 126 of 226 25 9. All conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. Section 84. Section 11-66-7 of the Zoning Ordinance (M-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: D. Commercial car washes (drive-through and mechanical and self-service) provided that: 1.Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 2. Magazine or stacking space must not interfere with onsite circulation patterns or required on site parking or loading areas. 3. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 4. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. a. Where the car wash operation is within five hundred feet (500') of a residential district, For single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. b. For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel c. Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed seventy decibels (70 dB). 5. Building and parking related to the use shall be located no closer than five hundred feet (500’) of a principal arterial roadway. 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residential zoning district established by chapter 45 of this title. 7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. 8. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city council. Page 127 of 226 26 Section 85. Section 11-66-7.C of the Zoning Ordinance (M-2 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: C. Community preschool, latchkey and adult education facilities provided that: 1. Licensing: The employees and facility are licensed by the state department of human services and comply with the minimum requirements of the department of welfare. 2. Ages: The ages of the children attending the preschool range from three (3) years to twelve (12) years. 3. Hours: The hours of operation coincide with those of the commercial retail stores in the area or complex. 4. Attendance: The attendance of children in the latchkey and preschool program is on a long term scheduled enrollment program instead of on a temporary, sporadic basis. 5. Lot Requirements And Setbacks: The proposed site for a community preschool, latchkey and adult education facility must have a minimum lot area as determined by the Minnesota department of welfare. The city council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain public health, safety and general welfare. The community preschool, latchkey and adult education facility must meet the minimum setback requirements of the respective zoning district. 6. Sewer And Water: All community preschool, latchkey and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 7. Screening: Where the community preschool, latchkey and adult education facility is in or abuts any residential use or zoned property, the community preschool, latchkey and adult education facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of this title. 8. Parking: a. When a community preschool, latchkey and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required. b. Parking and loading areas shall be separate from any outdoor play area. 9. Community Preschool, Latchkey And Adult Education Building/Space: The building plans for the construction or alteration of a structure that shall be used as a community preschool, latchkey and adult education facility shall be submitted to the city for review by the building official to ensure the structure is in compliance Page 128 of 226 27 with the state fire and building codes. The facility shall meet the following conditions. a. The architectural appearance and functional plan of the building and site shall comply with the requirements of section 11-17-9 of this title. b. When the community preschool, latchkey and adult education facility is a use within a multi-tenant building, it shall be located in a portion of the building separated from the other uses located within the structure. c. The community preschool, latchkey and adult education facility shall be adequately soundproofed to remove extraneous noise that would interfere with the community preschool, latchkey and adult education operation and would affect the health, safety and welfare of the community preschool, latchkey and adult education participants. Section 86. Section 11-70-3 of the Zoning Ordinance (O-R District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 87. Section 11-70-3 of the Zoning Ordinance (O-R District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: C. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 88. Section 11-70-7.C of the Zoning Ordinance (O-R District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: C. Community preschool, latchkey and adult education facilities provided that: 1. Licensing: The employees and facility are licensed by the state department of human services and comply with the minimum requirements of the department of welfare. 2. Ages: The ages of the children attending the preschool range from three (3) years to twelve (12) years. 3. Hours: The hours of operation coincide with those of the commercial retail stores in the area or complex. 4. Attendance: The attendance of children in the latchkey and preschool program is on a long term scheduled enrollment program instead of on a temporary, sporadic basis. 5. Lot Requirements And Setbacks: The proposed site for a community preschool, latchkey and adult education facility must have a minimum lot area as determined Page 129 of 226 28 by the Minnesota department of welfare. The city council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain public health, safety and general welfare. The community preschool, latchkey and adult education facility must meet the minimum setback requirements of the respective zoning district. 6. Sewer And Water: All community preschool, latchkey and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 7. Screening: Where the community preschool, latchkey and adult education facility is in or abuts any residential use or zoned property, the community preschool, latchkey and adult education facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of this title. 8. Parking: a. When a community preschool, latchkey and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required. b. Parking and loading areas shall be separate from any outdoor play area. 9. Community Preschool, Latchkey And Adult Education Building/Space: The building plans for the construction or alteration of a structure that shall be used as a community preschool, latchkey and adult education facility shall be submitted to the city for review by the building official to ensure the structure is in compliance with the state fire and building codes. The facility shall meet the following conditions. a. The architectural appearance and functional plan of the building and site shall comply with the requirements of section 11-17-9 of this title. b. When the community preschool, latchkey and adult education facility is a use within a multi-tenant building, it shall be located in a portion of the building separated from the other uses located within the structure. c. The community preschool, latchkey and adult education facility shall be adequately soundproofed to remove extraneous noise that would interfere with the community preschool, latchkey and adult education operation and would affect the health, safety and welfare of the community preschool, latchkey and adult education participants. Section 89. Section 11-70-7.D of the Zoning Ordinance (O-R District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: D.Daycare: Daycare facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Page 130 of 226 29 Section 90. Section 11-70-7.N of the Zoning Ordinance (O-R District – Conditional Uses) is hereby amended to read as follows N. Religious institutions such as churches, chapels, temples, and synagogues, including social services; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 91. Section 11-71-3 of the Zoning Ordinance (C-1 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 92. Section 11-71-3.B of the Zoning Ordinance (C-1 District – Permitted Uses) is hereby amended to read as follows: B. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 93. Section 11-71-3.I of the Zoning Ordinance (C-1 District – Permitted Uses) is hereby amended to read as follows: I. Public garages and parking lots; city of Lakeville only. Section 94. Section 11-71-7.A. of the Zoning Ordinance (C-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: A. Commercial car washes (automatic mechanical drive-through only) as accessory use associated with convenience store/motor fuel sales, provided: 1. The accessory car wash must be attached to the convenience store/motor fuel sales facility. 2. Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 3. Magazine or stacking space must not interfere with on site circulation patterns or required on site parking or loading areas. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. Page 131 of 226 30 a. Where the car wash operation is within five hundred feet (500') of a residential district, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on site parking and loading areas, and may not be located in a yard abutting residentially zoned property. 7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. Section 95. Section 11-71-7.B of the Zoning Ordinance (C-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: B. Community preschool, latchkey and adult education facilities provided that: 1. Licensing: The employees and facility are licensed by the state department of human services and comply with the minimum requirements of the department of welfare. 2. Ages: The ages of the children attending the preschool range from three (3) years to twelve (12) years. 3. Hours: The hours of operation coincide with those of the commercial retail stores in the area or complex. 4. Attendance: The attendance of children in the latchkey and preschool program is on a long term scheduled enrollment program instead of on a temporary, sporadic basis. 5. Lot Requirements And Setbacks: The proposed site for a community preschool, latchkey and adult education facility must have a minimum lot area as determined by the Minnesota department of welfare. The city council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain public health, safety and general welfare. The community preschool, latchkey and adult education facility must meet the minimum setback requirements of the respective zoning district. 6. Sewer And Water: All community preschool, latchkey and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 7. Screening: Where the community preschool, latchkey and adult education facility is in or abuts any residential use or zoned property, the community preschool, latchkey and adult education facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of this title. Page 132 of 226 31 8. Parking: a. When a community preschool, latchkey and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required. b. Parking and loading areas shall be separate from any outdoor play area. 9. Community Preschool, Latchkey And Adult Education Building/Space: The building plans for the construction or alteration of a structure that shall be used as a community preschool, latchkey and adult education facility shall be submitted to the city for review by the building official to ensure the structure is in compliance with the state fire and building codes. The facility shall meet the following conditions. a. The architectural appearance and functional plan of the building and site shall comply with the requirements of section 11-17-9 of this title. b. When the community preschool, latchkey and adult education facility is a use within a multi-tenant building, it shall be located in a portion of the building separated from the other uses located within the structure. c. The community preschool, latchkey and adult education facility shall be adequately soundproofed to remove extraneous noise that would interfere with the community preschool, latchkey and adult education operation and would affect the health, safety and welfare of the community preschool, latchkey and adult education participants. Section 96. Section 11-71-7.G of the Zoning Ordinance (C-1 District – Conditional Uses) is hereby amended to read as follows G. Religious institutions such as churches, chapels, temples, and synagogues, including social services; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 97. Section 11-72-3 of the Zoning Ordinance (C-2 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 98. Section 11-72-3.E of the Zoning Ordinance (C-2 District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Page 133 of 226 32 Section 99. Section 11-72-3.O of the Zoning Ordinance (C-2 District – Permitted Uses) is hereby amended to read as follows: O. Public garages and parking lots; city of Lakeville only. Section 100. Section 11-72-7.D of the Zoning Ordinance (C-2 District – Conditional Uses) is hereby amended to read as follows: D. Commercial car washes (drive-through, mechanical and self-service) provided that: 1. A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building. 2.Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 3. Magazine or stacking space must not interfere with onsite circulation patterns or required on site parking or loading areas. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. a. Where the car wash operation is within five hundred feet (500') of a residential district, For self-service and single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. b. For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel. c. Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed seventy decibels (70 dB). 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residential zoning district established by chapter 45 of this title. 7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. 8. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city council. Page 134 of 226 33 Section 101. Section 11-72-7.F of the Zoning Ordinance (C-2 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: F. Community preschool, latchkey and adult education facilities provided that: 1. Licensing: The employees and facility are licensed by the state department of human services and comply with the minimum requirements of the department of welfare. 2. Ages: The ages of the children attending the preschool range from three (3) years to twelve (12) years. 3. Hours: The hours of operation coincide with those of the commercial retail stores in the area or complex. 4. Attendance: The attendance of children in the latchkey and preschool program is on a long term scheduled enrollment program instead of on a temporary, sporadic basis. 5. Lot Requirements And Setbacks: The proposed site for a community preschool, latchkey and adult education facility must have a minimum lot area as determined by the Minnesota department of welfare. The city council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain public health, safety and general welfare. The community preschool, latchkey and adult education facility must meet the minimum setback requirements of the respective zoning district. 6. Sewer And Water: All community preschool, latchkey and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 7. Screening: Where the community preschool, latchkey and adult education facility is in or abuts any residential use or zoned property, the community preschool, latchkey and adult education facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of this title. 8. Parking: a. When a community preschool, latchkey and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required. b. Parking and loading areas shall be separate from any outdoor play area. 9. Community Preschool, Latchkey And Adult Education Building/Space: The building plans for the construction or alteration of a structure that shall be used as a community preschool, latchkey and adult education facility shall be submitted to the city for review by the building official to ensure the structure is in compliance Page 135 of 226 34 with the state fire and building codes. The facility shall meet the following conditions. a. The architectural appearance and functional plan of the building and site shall comply with the requirements of section 11-17-9 of this title. b. When the community preschool, latchkey and adult education facility is a use within a multi-tenant building, it shall be located in a portion of the building separated from the other uses located within the structure. c. The community preschool, latchkey and adult education facility shall be adequately soundproofed to remove extraneous noise that would interfere with the community preschool, latchkey and adult education operation and would affect the health, safety and welfare of the community preschool, latchkey and adult education participants. Section 102. Section 11-72-7.P of the Zoning Ordinance (C-2 District – Conditional Uses) is hereby amended to read as follows: P. Religious institutions such as churches, chapels, temples, and synagogues, including social services; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 103. Section 11-73-3 of the Zoning Ordinance (C-3 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 104. Section 11-73-3.E of the Zoning Ordinance (C-3 District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 105. Section 11-73-3.M of the Zoning Ordinance (C-3 District – Permitted Uses) is hereby amended to read as follows: M. Public garages and parking lots; city of Lakeville only. Section 106. Section 11-73-7.D of the Zoning Ordinance (C-3 District – Conditional Uses) is hereby amended to read as follows: D. Commercial car washes (drive-through, mechanical and self-service) provided that: 1. A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building. Page 136 of 226 35 2.Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 3. Magazine or stacking space must not interfere with onsite circulation patterns or required on site parking or loading areas. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. a. Where the car wash operation is within five hundred feet (500') of a residential district, For self-service and single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. b. For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel. c. Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed seventy decibels (70 dB). 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residential zoning district established by chapter 45 of this title. 7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. 8. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city council. Section 107. Section 11-73-7.F of the Zoning Ordinance (C-3 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: F. Community preschool, latchkey and adult education facilities provided that: 1. Licensing: The employees and facility are licensed by the state department of human services and comply with the minimum requirements of the department of welfare. 2. Ages: The ages of the children attending the preschool range from three (3) years to twelve (12) years. Page 137 of 226 36 3. Hours: The hours of operation coincide with those of the commercial retail stores in the area or complex. 4. Attendance: The attendance of children in the latchkey and preschool program is on a long term scheduled enrollment program instead of on a temporary, sporadic basis. 5. Lot Requirements And Setbacks: The proposed site for a community preschool, latchkey and adult education facility must have a minimum lot area as determined by the Minnesota department of welfare. The city council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain public health, safety and general welfare. The community preschool, latchkey and adult education facility must meet the minimum setback requirements of the respective zoning district. 6. Sewer And Water: All community preschool, latchkey and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 7. Screening: Where the community preschool, latchkey and adult education facility is in or abuts any residential use or zoned property, the community preschool, latchkey and adult education facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of this title. 8. Parking: a. When a community preschool, latchkey and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required. b. Parking and loading areas shall be separate from any outdoor play area. 9. Community Preschool, Latchkey And Adult Education Building/Space: The building plans for the construction or alteration of a structure that shall be used as a community preschool, latchkey and adult education facility shall be submitted to the city for review by the building official to ensure the structure is in compliance with the state fire and building codes. The facility shall meet the following conditions. a. The architectural appearance and functional plan of the building and site shall comply with the requirements of section 11-17-9 of this title. b. When the community preschool, latchkey and adult education facility is a use within a multi-tenant building, it shall be located in a portion of the building separated from the other uses located within the structure. c. The community preschool, latchkey and adult education facility shall be adequately soundproofed to remove extraneous noise that would interfere with the community preschool, latchkey and adult education operation and Page 138 of 226 37 would affect the health, safety and welfare of the community preschool, latchkey and adult education participants. Section 108. Section 11-73-7.O of the Zoning Ordinance (C-3 District – Conditional Uses) is hereby amended to read as follows: O. Religious institutions such as churches, chapels, temples, and synagogues, including social services; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 109. Section 11-74-3 of the Zoning Ordinance (C-CBD District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 110. Section 11-74-3.E of the Zoning Ordinance (C-CBD District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 111. Section 11-74-7.D of the Zoning Ordinance (C-CBD District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: D. Community preschool, latchkey and adult education facilities provided that: 1. Licensing: The employees and facility are licensed by the state department of human services and comply with the minimum requirements of the department of welfare. 2. Ages: The ages of the children attending the preschool range from three (3) years to twelve (12) years. 3. Hours: The hours of operation coincide with those of the commercial retail stores in the area or complex. 4. Attendance: The attendance of children in the latchkey and preschool program is on a long term scheduled enrollment program instead of on a temporary, sporadic basis. 5. Lot Requirements And Setbacks: The proposed site for a community preschool, latchkey and adult education facility must have a minimum lot area as determined by the Minnesota department of welfare. The city council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain public health, safety and general welfare. The community preschool, latchkey and adult education facility must meet the minimum setback requirements of the respective zoning district. Page 139 of 226 38 6. Sewer And Water: All community preschool, latchkey and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. 7. Screening: Where the community preschool, latchkey and adult education facility is in or abuts any residential use or zoned property, the community preschool, latchkey and adult education facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of this title. 8. Parking: a. When a community preschool, latchkey and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required. b. Parking and loading areas shall be separate from any outdoor play area. 9. Community Preschool, Latchkey And Adult Education Building/Space: The building plans for the construction or alteration of a structure that shall be used as a community preschool, latchkey and adult education facility shall be submitted to the city for review by the building official to ensure the structure is in compliance with the state fire and building codes. The facility shall meet the following conditions. a. The architectural appearance and functional plan of the building and site shall comply with the requirements of section 11-17-9 of this title. b. When the community preschool, latchkey and adult education facility is a use within a multi-tenant building, it shall be located in a portion of the building separated from the other uses located within the structure. c. The community preschool, latchkey and adult education facility shall be adequately soundproofed to remove extraneous noise that would interfere with the community preschool, latchkey and adult education operation and would affect the health, safety and welfare of the community preschool, latchkey and adult education participants. Section 112. Section 11-74-7.P of the Zoning Ordinance (C-CBD District – Conditional Uses) is hereby amended to read as follows: P. Religious institutions such as churches, chapels, temples, and synagogues, including social services; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 113. Section 11-75-3.I of the Zoning Ordinance (O-P District – Permitted Uses) is hereby amended to read as follows: I. Trade, and postsecondary schools, and adult education facilities. Page 140 of 226 39 Section 114. Section 11-75-5 of the Zoning Ordinance (O-P District – Permitted Accessory Uses) is hereby amended to include the following provision and renumber subsequent sections accordingly: G. Outdoor storage subject to the provisions of section 11-75-13.J of this title. Section 115. Section 11-75-7.D of the Zoning Ordinance (O-P District – Conditional Uses) is hereby amended to read as follows: D. Daycare, head start, and early childhood education facilities accessory to a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 116. Section 11-86-3 of the Zoning Ordinance (I-1 District –Permitted Uses) is hereby amended read as follows: 11-86-3: PERMITTED USES: In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in an I-1 district: A. Automobile repair, minor. B. Building materials sales. C. Commercial catering businesses. CD. Commercial printing establishments. DE. Compounding, assembly, packaging, treatment, or storage of products and materials except waste. EF. Cross dock distribution facility. FG. Governmental and public utility buildings and structures; city of Lakeville only. H. Indoor firearm and archery ranges. I. Instructional classes. GJ. Laboratories, research and development facilities. HK. Manufacturing. IL. Office, general. J. Outdoor civic events conducted by nonprofit organizations, each such outdoor event being limited to fourteen (14) days in any calendar year. KM. Radio and television stations. Page 141 of 226 40 L. Servicing of motor freight vehicles and heavy construction equipment; directly related accessory materials and parts sales for such repair and servicing (not including new or used vehicle sales); and accessory materials and parts warehousing which is related to and dependent upon such uses, provided that: 1. All servicing of vehicles and equipment shall occur entirely within the principal structure; 2. To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulate matter; 3. Storage and use of all flammable materials, including liquids and rags, shall conform with applicable provisions of the Minnesota uniform fire code; 4. Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the city engineer and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semitrailer/tractor trucks; 5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building; and 6. The sale of products other than those specifically mentioned in this subsection L shall be subject to a separate conditional use permit and shall be in compliance with section 11-86-7 of this chapter. MN. Sexually oriented uses, principal. NO. Trade schools. OP. Transportation terminals. PQ. Warehousing, including self-storage facilities. QR. Wholesale businesses. RS. Data centers. ST. Breweries and small breweries. TU. Distilleries and microdistilleries. Section 117. Section 11-86-7.A of the Zoning Ordinance (I-1 District – Conditional Uses) is hereby repealed the following provisions with subsequent sections renumbered accordingly: A. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within this title, provided that: 1. Such use is allowed as a permitted use in a C-1 District. Page 142 of 226 41 2. Such use does not constitute more than thirty percent (30%) of the lot area and not more than fifty percent (50%) of the gross floor area of the principal use. Section 118. Section 11-86-7.D of the Zoning Ordinance (I-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. D. Commercial recreation facilities, provided that: 1. The architectural appearance and function plan of the building and the site shall be designed with a high standard of architectural and aesthetic compatibility with surrounding properties. Building materials, orientation, colors, height, roof design, lighting, signage and site landscaping shall be designed to complement the surrounding industrial properties and demonstrate potential industrial reuse. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious exterior finish treatment. 2. A commercial recreational use shall not be located within a shared tenancy building containing a use classified as an "H" occupancy as defined by Minnesota State Building Code, as may be amended. 3. In multiple-occupancy buildings, a Material Safety Data Sheet (MSDS) shall be required identifying all materials stored or used in the operation of the tenant businesses. Any change in building tenants shall require that the MSDS be updated and provided to all other tenants in the multi-tenant building. 4. A commercial recreational use in a shared tenancy building shall have its own exterior entrance and exit. 5. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 19 of this title and shall be subject to the approval of the City Engineer. Section 119. Section 11-86-7.D of the Zoning Ordinance (I-1 District – Conditional Uses) is hereby amended to repealed with subsequent sections renumbered accordingly. E. Daycare facilities accessory to an allowed principal use provided that the use complies with the provisions of chapter 31 of this title. Section 120. Section 11-86-11 of the Zoning Ordinance (I-1 District – Uses by Administrative Permit) is hereby amended to read as follows: A. Commercial recreation facilities, provided that: 1. The architectural appearance and function plan of the building and the site shall be designed with a high standard of architectural and aesthetic compatibility with surrounding properties. Building materials, orientation, colors, height, roof design, lighting, signage and site landscaping shall be designed to complement the surrounding industrial properties and demonstrate potential industrial reuse. All Page 143 of 226 42 sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious exterior finish treatment. 2. A commercial recreational use shall not be located within a shared tenancy building containing a use classified as an "H" occupancy as defined by Minnesota State Building Code, as may be amended. 3. In multiple-occupancy buildings, a Material Safety Data Sheet (MSDS) shall be required identifying all materials stored or used in the operation of the tenant businesses. Any change in building tenants shall require that the MSDS be updated and provided to all other tenants in the multi-tenant building. 4. A commercial recreational use in a shared tenancy building shall have its own exterior entrance and exit. 5. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with chapter 19 of this title and shall be subject to the approval of the City Engineer. B. Construction of solid wall or privacy fence within a required front yard or required side yard of a corner lot abutting a public right-of-way as provided for in subsection 11-21-5H1b of this title. C. Daycare, head start, and early childhood education facilities accessory to a principal use provided that the use complies with the provisions of chapter 31 of this title. D. Enclosed rental or service business as a principal use other than that allowed as a permitted use or conditional use within this title, provided that such use is allowed as a permitted use in a C-1 District. AE. Essential services, except transmission pipelines and transmission or substation lines in excess of thirty three kilovolts (33 kV) and up to one hundred kilovolts (100 kV), as regulated by chapter 26 of this title. F Fitness centers and health clubs provided that: 1. Adequate off street parking shall be provided in compliance with chapter 19 of this title. 2. The total number of stations shall not exceed one per one hundred (100) square feet of gross floor area. 3. Hours of operation shall be limited to five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M. G.Motor vehicle sales, leasing, or rental as a principal or accessory use, provided that: 1. There shall be no outside storage or display of vehicles for sale or lease. 2. Notwithstanding any other provision of this title, signage related to motor vehicle sales, leasing, or rental shall be limited to twenty four (24) square feet. Page 144 of 226 43 3. No temporary signage/advertising devices (e.g., portable signage, banners, pennants, spotlights, skytrackers, inflatables, balloons) shall be allowed. BH. Multiple principal buildings on one lot of record, provided that: 1. Lot Requirements: The lot shall conform to the minimum lot area and lot width requirements of section 11-86-13 of this chapter. 2. Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a minimum of twenty feet (20'). 3. Common Areas: All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways: a. All of the property including buildings and common areas shall be owned by a single entity. b. Common interest community ownership pursuant to Minnesota Statutes 515B. c. The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements: (1) The tenant space related to each unit lot shall have an exclusive exterior entrance. (2) A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the city attorney. 4. Utilities: a. Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right of way. b. Public Utility Service: Separate public utility services shall be provided to each unit unless exempted by the city engineer. (1) Water connection: A shutoff valve for each individual unit shall be provided. Page 145 of 226 44 (2) Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners. I. Outdoor civic events conducted by nonprofit organizations, each such outdoor event being limited to fourteen (14) days in any calendar year. CJ. Outside, aboveground storage facilities for fuels used for heating purposes, or for motor fuel dispensing purposes related to the approved principal use, but not for sale. Such facilities shall be limited to liquefied petroleum and propane gas used for standby heating and to equipment used for dispensing such gaseous fuels to vehicles and containers which are used in conjunction with the allowed principal use. The location and design of such facilities for new developments shall be included with the site plan submitted for review and approved as required by this title. The location and design of such facilities for existing developments in all cases shall be subject to the approval of the Zoning Administrator and the following criteria: 1. The design, construction, and location of the equipment must comply with State and City codes including appropriate National Fire Protection Association specifications, Minnesota Uniform Fire Code requirements, and manufacturer's specifications. 2. An accurate site plan for the development based upon a certified survey, shall be submitted showing to scale the location of the storage equipment, including any fencing and landscaping relating to the safety and screening of the equipment. 3. Solid wall enclosures should not be used to assure that fire hose streams can be directed onto the storage equipment with minimal obstruction. 4. Equipment must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. 5. No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this chapter, "signage" includes words, graphics, logos, and symbols. DK. Personal wireless service antennas including temporary mobile towers, as regulated by chapter 30 of this title. EL. Sales, rental or display (indoor and outdoor) as an accessory use in association with an allowed principal use provided that: 1. The area so occupied shall not exceed ten percent (10%) of the principal building. 2. No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances. 3. The outdoor sales, rental, or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by chapter 19 of this title, except as may be exempted for cause by the Zoning Administrator. Page 146 of 226 45 M. Servicing of motor freight vehicles and heavy construction equipment; directly related accessory materials and parts sales for such repair and servicing (not including new or used vehicle sales); and accessory materials and parts warehousing which is related to and dependent upon such uses, provided that: 1. All servicing of vehicles and equipment shall occur entirely within the principal structure; 2. To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulate matter; 3. Storage and use of all flammable materials, including liquids and rags, shall conform with applicable provisions of the Minnesota uniform fire code; 4. Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the city engineer and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semitrailer/tractor trucks; 5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building; and 6. The sale of products other than those specifically mentioned in this subsection L shall be subject to a separate conditional use permit and shall be in compliance with section 11-86-7 of this chapter. FN. Temporary structures as regulated by chapter 28 of this title. GO. WECS that comply with the height limit of this district, as regulated by chapter 29 of this title. H. Construction of solid wall or privacy fence within a required front yard or required side yard of a corner lot abutting a public right-of-way as provided for in subsection 11-21-5H1b of this title. I. Daycare facilities as an accessory use provided that the use complies with the provisions of chapter 31 of this title. P. Veterinary clinics provided that: 1. All areas in which animals are confined are located indoors and are properly soundproofed from 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. 3. An animal kennel is permitted as a use accessory to the veterinary clinic provided that: a. The number of animals boarded shall not exceed twenty (20). Page 147 of 226 46 b. An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between sixty degrees (60°) and seventy five degrees Fahrenheit (75°F). d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous. f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. g. The appropriate license is obtained from the City Clerk and the conditions of section 5-1-12 of this Code are met. h. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. 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. Section 121. Section 11-87-7.D of the Zoning Ordinance (I-2 District – Conditional Uses) is hereby amended to read as follows: D. Daycare, head start, and early childhood education facilities accessory to a principal use provided that the use complies with the provisions of chapter 31 of this title. (Remainder of this page intentionally blank) Page 148 of 226 47 Section 120. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this ______ day of ______________, 2024. CITY OF LAKEVILLE BY: ________________________ Luke Hellier, Mayor ATTEST BY: ________________________ Ann Orlofsky, City Clerk Page 149 of 226 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE OF THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 10-1-5 of the Subdivision Ordinance (General Subdivision Provisions - Administrative Subdivisions) is hereby amended to include the following provision: D. Any subdivision of an outlot shall be processed as a preliminary and final plat in accordance with this title. Section 2. Section 10-2-1 of the Subdivision Ordinance (Procedures for Filing and Review – Sketch Plan) is hereby amended to read as follows: 10-2-1: SKETCH PLAN:In order to ensure that all applicants are informed of the procedural requirements and minimum standards of this title, and the requirements or limitations imposed by other city ordinances, plans and/or policies, prior to the preparation of a preliminary plat, all applicants shall present a sketch plan to the zoning administrator prior to filing a preliminary plat. Approval of the sketch plan shall not be considered binding in regard to subsequent plat review. The zoning administrator, notably in the case of multiphased projects, shall have the authority to refer the sketch plan to the planning commission and/or city council for review and comment. The sketch plan submission shall include, but not be limited to, electronic files of the following: A. Formal request for subdivision. B. A plat sketch plan at a scale not less than one inch equals one hundred feet (1" = 100'). C. Escrow deposit to pay review costs of city staff and consultants. D. In cases of multiphased subdivisions, applicable preliminary plat submission information as regulated by section 10-3-2 of this title. Section 3. Section 10-2-2.A of the Subdivision Ordinance (Procedures for Filing and Review - Preliminary Plat) is hereby amended to read as follows: A. Filing: The preliminary plat including all information outlined in section 10-3-2 of this title and list of property owners located within five hundred feet (500') of the subject property obtained from and certified by an abstract company, shall be submitted as electronic files to the zoning administrator. The required filing fee(s) as established by city council resolution shall be paid and any necessary applications for variances from the provisions of this title shall be submitted with the required fee. The plat shall be officially submitted when all the information requirements are complied with. In cases where an application is Page 150 of 226 2 judged to be incomplete, the zoning administrator shall notify the applicant, in writing, within fifteen (15) days of the date of submission. Section 4. Section 10-2-3.B of the Subdivision Ordinance (Procedures for Filing and Review – Common Interest Communities) is hereby amended to read as follows: B. Review: A request for common interest community approval, as provided within this title, shall be filed with the zoning administrator on an official application form. Unless modified by the zoning administrator, such application shall be accompanied by a fee as provided for by city council resolution. Such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed common interest community. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the zoning administrator shall notify the applicant, in writing, within fifteen (15) days of the date of submission. Section 5. Section 10-2-3.C.1 of the Subdivision Ordinance (Procedures for Filing and Review – Common Interest Communities) is hereby amended to read as follows: 1. Electronic files shall be submitted to the zoning administrator of the following information regarding the common interest community, including: a. All information outlined in section 10-3-3 of this title as determined applicable by the zoning administrator. b. Proposed declaration and bylaws prepared in accordance with Minnesota Statutes 515B, as may be amended. Section 6. Section 10-2-4.A of the Subdivision Ordinance (Procedures for Filing and Review - Final Plat) is hereby amended to read as follows: A. Review: After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the subsections which follow. The city may agree to review the preliminary and final plats simultaneously. Request for final plat approval, as provided within this title, shall be filed with the zoning administrator on an official application form. Unless modified by the zoning administrator, such application shall be accompanied by a fee as provided for by city council resolution. Such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed final plat. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the zoning administrator shall notify the applicant, in writing, within fifteen (15) days of the date of submission. Section 7. Section 10-2-4.B.1 of the Subdivision Ordinance (Procedures for Filing and Review - Final Plat) is hereby amended to read as follows: 1. The final plat including all information outlined in section 10-3-3 of this title shall be submitted as electronical files to the zoning administrator. Page 151 of 226 3 Section 8. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions) is hereby amended to revise the following definitions and list them alphabetically: COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services. OFFICE (GENERAL): An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, or administrative service operations including attorneys, financial advisors, consultants, insurance, and other uses of similar character. OFFICE (MEDICAL): An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional medical or dental service operations, outpatient health services, and other uses of similar character. RESTAURANT (CONVENIENCE): An establishment that serves food and/or beverages, in or on disposable or edible containers, for consumption on or off premises, including drive-in restaurants, and including drive- through facilities. RESTAURANT (GENERAL): An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building. RETAIL BUSINESS: An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building, excluding any exterior display and sales. SERVICE BUSINESS (OFF SITE): A company that provides labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character. SERVICE BUSINESS (ON SITE): An establishment that provides labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks, copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, animal grooming, appliance repair, tailor shops, travel bureaus, but not including auto repair (major or minor). Section 9. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions) is hereby amended to revise the following definitions: AUTOMOBILE REPAIR, MINOR: Installation, including electronics systems, minor repairs, upholstering, replacement of parts (tires, glass, etc.), exterior and interior detailing, window tinting, and minor motor services to passenger automobiles and trucks classified by the Federal Highway Administration as Class 3 or smaller, but not including any operation specified under the definition of "automobile repair, major" in this section. DAYCARE FACILITY: Any facility licensed by the State Department of Human Services, public or private, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person's own home, including head start and early education programs. Page 152 of 226 4 RELIGIOUS INSTITUTION: A church, synagogue, mosque, or other religious organization organized under Minnesota Statutes Chapter 315. Section 10. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions) is hereby amended to add the following definitions: ADULT EDUCATION: A day or evening program offered by a district that is for people who do not attend an elementary or secondary school and are not subject to compulsory attendance offers academic and English language instruction necessary to earn a high school diploma or equivalency certificate administered in accordance with Minnesota Rules 124D. FUNERAL HOME OR MORTUARY: An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals. MANAGED NATURAL LANDSCAPE: A planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants; does not include turf-grass lawns left unattended for the purpose of returning to a natural state. MICRO UNIT (DWELLING): A mobile residential dwelling providing permanent housing within a sacred community meeting requirements of Minnesota Statutes 327.30, Subd. 4. SACRED COMMUNITY: A residential settlement established on or contiguous to the grounds of a religious institution’s primary worship location primarily for the purpose of providing permanent housing for chronically homeless persons, extremely low-income persons, and designated volunteers meeting the requirements of Minnesota Statues 327.30, Subd. 3. Section 11. Section 11-21-7 of the Zoning Ordinance (Fencing/Screening/Landscaping – General Mandatory Landscaping and Maintenance) is hereby amended to include the following provisions with subsequent sections renumbered accordingly: C. Natural Landscaping: Any owner or occupant of a lot or parcel within a residential district established by section 11-45-1 of this title desiring natural landscaping may apply for a natural landscaping permit where native grasses and forbs may exceed eight inches (8") in height, subject to the review and approval by the Zoning Administrator; provided, that: 1. Application: An application for an administrative permit as provided for by chapter 8 of this title shall be submitted, including the following additional information: a. Statement of intent and purpose in cultivating natural landscaping. b. A site plan drawn to scale illustrating the following information: (1) Lot lines. (2) Location of principal and accessory buildings. (3) Any drainage and utilities easements upon the property. Page 153 of 226 5 (4) Boundaries of wetlands, wetland buffers, required buffer yards, stormwater basins, drainageways or public waters within the property. (5) Location of the proposed natural landscaping. c. Latin and common names of the species the property owner or occupant plans to cultivate. d. Name and address of the person(s) who will be responsible for maintenance of the natural landscaping. e. A maintenance plan, which shall contain the following: (1) Planting diagram showing the location and mature height of all specimens of natural landscaping; and (2) Detailed information on the upkeep of each specimen; and (3) Details of any long term maintenance required for natural landscaping; and (4) Other information as may be required by the Zoning Administrator. 2. Setbacks. Natural landscaping shall be set back ten feet (10') from any lot line abutting a public right-of-way and five feet (5') from interior side and rear lot lines. Section 12. Section 11-21-9.C.1 of the Zoning Ordinance (Fencing/Screening/Landscaping – Required Screening and Landscaping) is hereby amended to revise the following row: Coniferous evergreen trees 6 feet Section 13. Section 11-21-9.E.5.a of the Zoning Ordinance (Fencing/Screening/Landscaping – Required Screening and Landscaping) is hereby amended to read as follows: a. Buffer Yards: Except where natural vegetation is acceptable, buffer yards shall contain a combination of earth berms, plantings, or privacy fencing of a sufficient density to provide a minimum visual screen and a reasonable buffer a minimum height of eight feet (8’): (1) The height of the buffer yard shall be measured along a line drawn at the back of the curb of the roadway, or the edge of bituminous, to the ground elevation at the rear line of the building pad to the height of the plantings to be installed as defined by this section. (2) Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than eight feet (8’) above the grade of an adjacent major collector or arterial street, the Page 154 of 226 6 minimum screening height requirements of this section shall not apply. (3) Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than six feet (6') below the centerline grade of an adjacent major collector or arterial street, the minimum screening height requirements shall be reduced by four feet (4') along major collector or arterial streets. Section 14. Section 11-22-7.D of the Zoning Ordinance (Outdoor Storage – Land/Sea Containers or Parking of Semitractor Trailers) is hereby amended to read as follows: D. Surface: The area upon which the land/sea containers and semitractor trailers are located shall be surfaced with asphalt, concrete or pavers with perimeter concrete curb, unless the city engineer exempts all or portions of the curb for stormwater management purposes. Section 15. Section 11-31-1 of the Zoning Ordinance (Daycares – Purpose) is hereby amended to read as follows: 11-31-1: PURPOSE: The regulation of daycare, head start, and early childhood education facilities in this title (herein after “daycare” or “daycares”) is to establish standards and procedures by which daycare facilities can be conducted within the City without jeopardizing the health, safety, and general welfare of the daycare participants and/or the surrounding neighborhood. This chapter establishes the City's minimum requirements for the establishment of a daycare facility not established in accordance with Minnesota Statutes as permitted uses. Section 16. Section 11-31-3.A of the Zoning Ordinance (Daycares – Application) is hereby amended to read as follows: A. In addition to the City regulation, all daycare facility operations shall comply with the minimum requirements of the applicable Minnesota Department of Human Services regulations. Section 17. Section 11-31-7 of the Zoning Ordinance (Daycares – Nonconforming Use) is hereby repealed. Section 18. Section 11-32-7.K of the Zoning Ordinance (Home Occupations – General Provisions) is hereby amended to read as follows: K. Employment: Not more than one (1) person other than those who customarily reside on the premises shall be employed by the home occupation, except that one (1) employee that does not reside on the premises shall be allowed provided that the home occupation does not involve on-site services for clients. Section 19. Chapter 33 of the Zoning Ordinance (Specialized Housing) is hereby amended to include the following provisions: Page 155 of 226 7 11-33-7: SACRED COMMUNITIES: A. Conditional Use. 1. Dwelling in micro units within a sacred community shall be allowed upon approval of a conditional use permit subject to the requirements of this section. 2. Once approved additional conditional use permit applications shall not be required for individual units. B. Operating Plan Required. A written plan approved by the religious institution’s governing board shall be submitted with application for a conditional use permit to allow dwelling in micro units within a sacred community that outlines: 1. Disposal of water and sewage in accordance with subsection 11-33-7.C of this section. 2. Exterior lighting installed in accordance with section 11-16-17 of this title. 3. Provision of access to public streets and adequate off-street parking in compliance with chapter 19 of this title. 4. Protocols for security and addressing conduct by residents dwelling in micro units within the sacred community. 5. Safety protocols for residents dwelling in micro units within the sacred community. C. Utilities. Residents of micro units shall have access to water and electric utilities either by: 1.Connecting the micro units to the utilities that are serving the principal building on the lot or by other comparable means; or 2. By providing the residents access to permanent common kitchen facilities and common facilities for toilet, bathing, and laundry with the number and type of fixtures required for an R-2 boarding house under Minnesota Rules, part 1305.2902. 3. Any units that are plumbed shall not be included in determining the minimum number of fixtures required for the common facilities. D. Setbacks. Micro units shall be setback a minimum of ten feet (10;) from other structures or property lines. E. Insurance. Micro units within a sacred community as allowed by this section shall be appropriately insured. F. Occupancy. Between one third (1/3) and forty (40) percent of the micro units shall be occupied by designated volunteers as defined by Minnesota Statutes 327.30, Subd. 1. G. Annual Certification. The religious institutional shall annually certify to the Zoning Administrator that it has complied with the eligibility requirements set forth by Minnesota Statutes 327.30, Subd. 2 for residents dwelling in micro units within a sacred community allowed by this section. Page 156 of 226 8 Section 20. Section 11-37-3.E.6.b(4) of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby repealed. Section 21. Section 11-37-3.F.4 of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby amended to read as follows: 4. Canopy lighting shall consist of canister spotlights recessed into the canopy with no portion of the light source or fixture extending below the bottom face of the canopy. Total canopy illumination may not exceed the limits established by subsection 11-16-17.A of this title. The fascia of the canopy shall not be illuminated except as allowed by Section 11-37-3.E.6 of this title. Section 22. Section 11-37-3.F.6 of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby amended to read as follows: 6. Signage may be allowed on a detached canopy as provided for by Section 11-23- 15.O of this title, provided that: a. The individual canopy sign does not exceed more than twenty percent (20%) of the canopy facade facing a public right-of-way. b. The canopy fascia shall not be illuminated, except for permitted canopy signage. Section 23. Section 11-37-7.B.6.f(2)(D) of the Zoning Ordinance (Motor Vehicle Fuel Facilities –Truck Stops) is hereby repealed. Section 24. Section 11-37-7.B.7.d of the Zoning Ordinance (Motor Vehicle Fuel Facilities –Truck Stops) is hereby amended to read as follows: d.Canopy lighting shall consist of canister spotlights recessed into the canopy with no portion of the light source or fixture extending below the bottom face of the canopy. Total canopy illumination may not exceed the limits established by subsection 11-16-17.A of this title. The fascia of the canopy shall not be illuminated except as allowed by Section 11-37-7.B.6.f of this title. Section 25. Section 11-37-7.B.7.f of the Zoning Ordinance (Motor Vehicle Fuel Facilities –Truck Stops) is hereby amended to read as follows: f. Signage may be allowed on a detached canopy as provided for by Section 11-23-15.O of this title, provided that: (1) The individual canopy sign does not exceed more than twenty percent (20%) of the canopy facade facing a public right-of-way. Page 157 of 226 9 (2) The canopy fascia shall not be illuminated, except for permitted canopy signage. Section 26. Section 11-50-7.A of the Zoning Ordinance (RS-1 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 27. Section 11-50-7.D of the Zoning Ordinance (RS-1 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 28. Section 11-50-7 of the Zoning Ordinance (RS-1 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 29. Section 11-51-7.A of the Zoning Ordinance (RS-2 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 30. Section 11-51-7.D of the Zoning Ordinance (RS-2 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including, preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Page 158 of 226 10 Section 31. Section 11-51-7 of the Zoning Ordinance (RS-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 32. Section 11-52-7.A of the Zoning Ordinance (RS-3 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 33. Section 11-52-7.D of the Zoning Ordinance (RS-3 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 34. Section 11-52-7 of the Zoning Ordinance (RS-3 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 35. Section 11-53-7.A of the Zoning Ordinance (RS-4 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Page 159 of 226 11 Section 36. Section 11-53-7.D of the Zoning Ordinance (RS-4 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 37. Section 11-53-7 of the Zoning Ordinance (RS-4 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 38. Section 11-54-7.A of the Zoning Ordinance (RS-CBD District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 39. Section 11-54-7.C of the Zoning Ordinance (RS-CBD District – Conditional Uses) is hereby amended to read as follows: C. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 40. Section 11-54-7 of the Zoning Ordinance (RS-CBD District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Page 160 of 226 12 Section 41. Section 11-55-7.A of the Zoning Ordinance (RSMH District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 42. Section 11-55-7.D of the Zoning Ordinance (RSMH District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 43. Section 11-55-7 of the Zoning Ordinance (RSMH District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: G. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 44. Section 11-55-7.A of the Zoning Ordinance (RST-1 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 45. Section 11-56-7.D of the Zoning Ordinance (RST-1 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Page 161 of 226 13 Section 46. Section 11-56-7 of the Zoning Ordinance (RST-1 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 47. Section 11-57-7.A of the Zoning Ordinance (RST-2 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 48. Section 11-57-7.D of the Zoning Ordinance (RST-2 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing,; and religious institutions such as churches, chapels, temples, and synagogues provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 49. Section 11-57-7 of the Zoning Ordinance (RST-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 50. Section 11-58-9.A of the Zoning Ordinance (RM-1 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Page 162 of 226 14 Section 51. Section 11-58-9.D of the Zoning Ordinance (RM-1 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 52. Section 11-58-9 of the Zoning Ordinance (RM-1 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 53. Section 11-58-25 of the Zoning Ordinance (RM-1 District – Transition Requirement) is hereby amended to read as follows: 11-58-25: TRANSITION REQUIREMENT: Any RM-1 zoned property abutting an RS-1, RS- 2, or RS-3 district within the MUSA shall have a minimum of one tier of single-family detached, two-family dwelling lots, or detached townhomes bordering such a district and shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions of this section may be granted at the time of preliminary plat approval, provided one or more of the following conditions exist: A. The properties are separated by a major collector or arterial street. B. The abutting land use is a nonresidential use allowed in the district in which it is located. C. The properties are separated by a railroad right of way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred feet (100') across its entire length. D. The properties are separated by a buffer yard subject to the following provisions: 1. The buffer yard shall be a minimum width of twenty feet (20') across its entire length for properties separated by a minor collector or local street right of way. The buffer yard separation between properties not divided by a minor collector or local street right of way shall be sixty feet (60'). 2. The buffer yard is installed in accordance with requirements for a buffer yard providing a minimum ten foot (10') screening height, subject to subsection 11-21- 9.E of this title. Page 163 of 226 15 3. There shall be no direct unit access from the RM-1 district use through the buffer yard to any minor collector or local street separating the properties. E. The requirements of this section shall not apply to any RM-1 zoned property abutting an RS-1, RS-2, or RS-3 district within the same preliminary plat. Section 54. Section 11-59-9.A of the Zoning Ordinance (RM-2 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 55. Section 11-59-9.D of the Zoning Ordinance (RM-2 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 56. Section 11-59-9 of the Zoning Ordinance (RM-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 57. Section 11-59-25 of the Zoning Ordinance (RM-2 District – Transition Requirement) is hereby amended to read as follows: 11-59-25: TRANSITION REQUIREMENT: Any RM-2 zoned property abutting an RS-1, RS- 2, or RS-3 district within the MUSA shall have a minimum of one tier of single-family detached, two-family dwelling lots, or detached townhomes bordering such a district and shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions of this section may be granted at the time of preliminary plat approval, provided one or more of the following conditions exist: A. The properties are separated by a major collector or arterial street. B. The abutting land use is a nonresidential use allowed in the district in which it is located. Page 164 of 226 16 C. The properties are separated by a railroad right of way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred feet (100') across its entire length. D. The properties are separated by a buffer yard subject to the following provisions: 1. The buffer yard shall be a minimum width of twenty feet (20') across its entire length for properties separated by a minor collector or local street right of way. The buffer yard separation between properties not divided by a minor collector or local street right of way shall be sixty feet (60'). 2. The buffer yard is installed in accordance with requirements for a buffer yard providing a minimum ten foot (10') screening height, subject to subsection 11-21- 9.E of this title. 3. There shall be no direct unit access from the RM-2 district use through the buffer yard to any minor collector or local street separating the properties. E. The requirements of this section shall not apply to any RM-2 zoned property abutting an RS-1, RS-2, or RS-3 district within the same preliminary plat. Section 58. Section 11-60-9.A of the Zoning Ordinance (RS-2 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 59. Section 11-60-9.C of the Zoning Ordinance (RM-3 District – Conditional Uses) is hereby amended to read as follows: C. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 60. Section 11-60-9 of the Zoning Ordinance (RM-3 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: H. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Page 165 of 226 17 Section 61. Section 11-60-25 of the Zoning Ordinance (RM-3 District – Affordable Housing) is hereby amended to read as follows: 11-60-25: AFFORDABLE HOUSING: Housing qualified for meeting the city's allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections 11-60-21.B, C, and H of this chapter by conditional use permit, provided guarantees satisfactory to the city are in place to ensure that "for sale" housing will meet the affordable housing requirement for initial sales and "for rent" housing will meet the affordable housing requirement for the initial ten (10) year rental period. Section 62. Section 11-61-7.A of the Zoning Ordinance (RH-1 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 63. Section 11-61-7.D of the Zoning Ordinance (RH-1 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 64. Section 11-61-7 of the Zoning Ordinance (RH-1 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: I. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 65. Section 11-61-23 of the Zoning Ordinance (RH-1 District – Transition Requirement) is hereby amended to read as follows: 11-61-23: TRANSITION REQUIREMENT: Any RH-1 zoned property abutting an RS-1, RS- 2, or RS-3 district within the MUSA shall have a minimum of one tier of single-family detached, two-family dwelling lots, or detached townhomes bordering such a district and shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions of this section may be granted at the time of preliminary plat approval, provided one or more of the following conditions exist: A. The properties are separated by a major collector or arterial street. Page 166 of 226 18 B. The abutting land use is a nonresidential use allowed in the district in which it is located. C. The properties are separated by a railroad right of way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred feet (100') across its entire length. Section 66. Section 11-62-7.A of the Zoning Ordinance (RH-2 District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 67. Section 11-62-7.D of the Zoning Ordinance (RH-2 District – Conditional Uses) is hereby amended to read as follows: D. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 68. Section 11-62-7 of the Zoning Ordinance (RH-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: I. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 69. Section 11-62-23 of the Zoning Ordinance (RH-2 District – Transition Requirement) is hereby amended to read as follows: 11-62-23: TRANSITION REQUIREMENT: Any RH-2 zoned property abutting an RS-1, RS- 2, or RS-3 district within the MUSA shall have a minimum of one tier of single-family detached, two-family dwelling lots, or detached townhomes bordering such a district and shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions of this section may be granted at the time of preliminary plat approval, provided one or more of the following conditions exist: A. The properties are separated by a major collector or arterial street. B. The abutting land use is a nonresidential use allowed in the district in which it is located. Page 167 of 226 19 C. The properties are separated by a railroad right of way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred feet (100') across its entire length. Section 70. Section 11-63-9.A of the Zoning Ordinance (RH-CBF District – Conditional Uses) is hereby amended to read as follows: A. Daycare, head start, and early childhood education facilities as a principal or an accessory use provided that the use complies with the provisions of chapter 31 of this title. Section 71. Section 11-63-9.C of the Zoning Ordinance (RH-CBD District – Conditional Uses) is hereby amended to read as follows: C. Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, including preschool, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30'). Section 72. Section 11-63-9 of the Zoning Ordinance (RH-CBD District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: I. Religious institutions, provided that: 1. Minimum side yards shall be double that required for the district, but no greater than thirty feet (30'). 2. Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title. Section 73. Section 11-65-3 of the Zoning Ordinance (M-1 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 74. Section 11-65-3.E of the Zoning Ordinance (M-1 District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 75. Section 11-65-3.M of the Zoning Ordinance (M-1 District – Permitted Uses) is hereby amended to read as follows: Page 168 of 226 20 M. Public garages and parking lots; city of Lakeville only. Section 76. Section 11-65-7.A of the Zoning Ordinance (M-1 District – Conditional Uses) is hereby amended to read as follows: A. Auto repair, minor, provided that: 1.The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the city engineer. 2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty feet (150'). 3. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. 4. Parking space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. No outside storage of any product (whether new, used or to be discarded or recycled) and no overnight parking shall be allowed. 6. Service bay doors shall not face any residential district or use and shall remain closed at all times unless open to more a vehicle into or out of a service bay. 7. Sale of products other than those specifically mentioned in this section be subject to a conditional use permit and be in compliance with this section. 8. Building and off-street parking stalls and drive aisles related to the use shall be located no closer than five hundred feet (500’) of a principal arterial roadway. 9. All conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. Section 77. Section 11-65-7.D of the Zoning Ordinance (M-1 District – Conditional Uses) is hereby amended read as follows: D. Commercial car washes (drive-through, mechanical and self-service) provided that: 1. A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building. 2.Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 3. Magazine or stacking space must not interfere with onsite circulation patterns or required on site parking or loading areas. Page 169 of 226 21 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. a. For self-service and single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. b. For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel. c. Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed seventy decibels (70 dB). 6. Building and parking related to the use shall be located no closer than five hundred feet (500’) of a principal arterial roadway. 7. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residential zoning district established by chapter 45 of this title. 8. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. 9. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city council. Section 78. Section 11-65-7.F of the Zoning Ordinance (M-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Section 79. Section 11-65-7.P of the Zoning Ordinance (M-1 District – Conditional Uses) is hereby amended to read as follows: P. Religious institutions; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 80. Section 11-66-3 of the Zoning Ordinance (M-2 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Page 170 of 226 22 Section 81. Section 11-66-3.E of the Zoning Ordinance (M-2 District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 82. Section 11-66-3.K of the Zoning Ordinance (M-2 District – Permitted Uses) is hereby amended to read as follows: K. Public garages and parking lots; city of Lakeville only. Section 83. Section 11-66-7 of the Zoning Ordinance (M-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: A. Auto repair, minor, provided that: 1.The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the city engineer. 2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty feet (150'). 3. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. 4. Parking space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. No outside storage of any product (whether new, used or to be discarded or recycled) and no overnight parking shall be allowed. 6. Service bay doors shall not face any residential district or use and shall remain closed at all times unless open to more a vehicle into or out of a service bay. 7. Sale of products other than those specifically mentioned in this section be subject to a conditional use permit and be in compliance with this section. 8. Building and off-street parking stalls and drive aisles related to the use shall be located no closer than five hundred feet (500’) of a principal arterial roadway. 9. All conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. Section 84. Section 11-66-7 of the Zoning Ordinance (M-2 District – Conditional Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: Page 171 of 226 23 D. Commercial car washes (drive-through and mechanical and self-service) provided that: 1.Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 2. Magazine or stacking space must not interfere with onsite circulation patterns or required on site parking or loading areas. 3. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 4. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. a. Where the car wash operation is within five hundred feet (500') of a residential district, For single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. b. For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel c. Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed seventy decibels (70 dB). 5. Building and parking related to the use shall be located no closer than five hundred feet (500’) of a principal arterial roadway. 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residential zoning district established by chapter 45 of this title. 7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. 8. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city council. Section 85. Section 11-66-7.C of the Zoning Ordinance (M-2 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Section 86. Section 11-70-3 of the Zoning Ordinance (O-R District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: Page 172 of 226 24 A. Adult education facilities. Section 87. Section 11-70-3 of the Zoning Ordinance (O-R District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: C. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 88. Section 11-70-7.C of the Zoning Ordinance (O-R District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Section 89. Section 11-70-7.D of the Zoning Ordinance (O-R District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Section 90. Section 11-70-7.N of the Zoning Ordinance (O-R District – Conditional Uses) is hereby amended to read as follows N. Religious institutions; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 91. Section 11-71-3 of the Zoning Ordinance (C-1 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 92. Section 11-71-3.B of the Zoning Ordinance (C-1 District – Permitted Uses) is hereby amended to read as follows: B. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 93. Section 11-71-3.I of the Zoning Ordinance (C-1 District – Permitted Uses) is hereby amended to read as follows: I. Public garages and parking lots; city of Lakeville only. Section 94. Section 11-71-7.A. of the Zoning Ordinance (C-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Section 95. Section 11-71-7.B of the Zoning Ordinance (C-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly: Page 173 of 226 25 Section 96. Section 11-71-7.G of the Zoning Ordinance (C-1 District – Conditional Uses) is hereby amended to read as follows G. Religious institutions; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 97. Section 11-72-3 of the Zoning Ordinance (C-2 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 98. Section 11-72-3.E of the Zoning Ordinance (C-2 District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 99. Section 11-72-3.O of the Zoning Ordinance (C-2 District – Permitted Uses) is hereby amended to read as follows: O. Public garages and parking lots; city of Lakeville only. Section 100. Section 11-72-7.D of the Zoning Ordinance (C-2 District – Conditional Uses) is hereby amended to read as follows: D. Commercial car washes (drive-through, mechanical and self-service) provided that: 1. A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building. 2.Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 3. Magazine or stacking space must not interfere with onsite circulation patterns or required on site parking or loading areas. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. a. For self-service and single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. Page 174 of 226 26 b. For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel. c. Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed seventy decibels (70 dB). 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residential zoning district established by chapter 45 of this title. 7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. 8. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city council. Section 101. Section 11-72-7.F of the Zoning Ordinance (C-2 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Section 102. Section 11-72-7.P of the Zoning Ordinance (C-2 District – Conditional Uses) is hereby amended to read as follows: P. Religious institutions; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 103. Section 11-73-3 of the Zoning Ordinance (C-3 District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 104. Section 11-73-3.E of the Zoning Ordinance (C-3 District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 105. Section 11-73-3.M of the Zoning Ordinance (C-3 District – Permitted Uses) is hereby amended to read as follows: M. Public garages and parking lots; city of Lakeville only. Page 175 of 226 27 Section 106. Section 11-73-7.D of the Zoning Ordinance (C-3 District – Conditional Uses) is hereby amended to read as follows: D. Commercial car washes (drive-through, mechanical and self-service) provided that: 1. A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building. 2.Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 3. Magazine or stacking space must not interfere with onsite circulation patterns or required on site parking or loading areas. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. a. For self-service and single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. b. For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel. c. Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed seventy decibels (70 dB). 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residential zoning district established by chapter 45 of this title. 7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. 8. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city council. Section 107. Section 11-73-7.F of the Zoning Ordinance (C-3 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Page 176 of 226 28 Section 108. Section 11-73-7.O of the Zoning Ordinance (C-3 District – Conditional Uses) is hereby amended to read as follows: O. Religious institutions; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 109. Section 11-74-3 of the Zoning Ordinance (C-CBD District – Permitted Uses) is hereby amended to include the following provision with subsequent sections renumbered accordingly: A. Adult education facilities. Section 110. Section 11-74-3.E of the Zoning Ordinance (C-CBD District – Permitted Uses) is hereby amended to read as follows: E. Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title. Section 111. Section 11-74-7.D of the Zoning Ordinance (C-CBD District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Section 112. Section 11-74-7.P of the Zoning Ordinance (C-CBD District – Conditional Uses) is hereby amended to read as follows: P. Religious institutions; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title. Section 113. Section 11-75-3.I of the Zoning Ordinance (O-P District – Permitted Uses) is hereby amended to read as follows: I. Trade, postsecondary schools, and adult education facilities. Section 114. Section 11-75-5 of the Zoning Ordinance (O-P District – Permitted Accessory Uses) is hereby amended to include the following provision and renumber subsequent sections accordingly: G. Outdoor storage subject to the provisions of section 11-75-13.J of this title. Section 115. Section 11-75-7.D of the Zoning Ordinance (O-P District – Conditional Uses) is hereby amended to read as follows: D. Daycare, head start, and early childhood education facilities accessory to a principal use provided that the use complies with the provisions of chapter 31 of this title. Page 177 of 226 29 Section 116. Section 11-86-3 of the Zoning Ordinance (I-1 District –Permitted Uses) is hereby amended read as follows: 11-86-3: PERMITTED USES: In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in an I-1 district: A. Automobile repair, minor. B. Building materials sales. C. Commercial catering businesses. D. Commercial printing establishments. E. Compounding, assembly, packaging, treatment, or storage of products and materials except waste. F. Cross dock distribution facility. G. Governmental and public utility buildings and structures; city of Lakeville only. H. Indoor firearm and archery ranges. I. Instructional classes. J. Laboratories, research and development facilities. K. Manufacturing. L. Office, general. M. Radio and television stations. N. Sexually oriented uses, principal. O. Trade schools. P. Transportation terminals. Q. Warehousing, including self-storage facilities. R. Wholesale businesses. S. Data centers. T. Breweries and small breweries. U. Distilleries and microdistilleries. Section 117. Section 11-86-7.A of the Zoning Ordinance (I-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Page 178 of 226 30 Section 118. Section 11-86-7.D of the Zoning Ordinance (I-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Section 119. Section 11-86-7.E of the Zoning Ordinance (I-1 District – Conditional Uses) is hereby repealed with subsequent sections renumbered accordingly. Section 118. Section 11-86-11 of the Zoning Ordinance (I-1 District – Uses by Administrative Permit) is hereby amended to read as follows: A. Commercial recreation facilities, provided that: 1. The architectural appearance and function plan of the building and the site shall be designed with a high standard of architectural and aesthetic compatibility with surrounding properties. Building materials, orientation, colors, height, roof design, lighting, signage and site landscaping shall be designed to complement the surrounding industrial properties and demonstrate potential industrial reuse. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious exterior finish treatment. 2. A commercial recreational use shall not be located within a shared tenancy building containing a use classified as an "H" occupancy as defined by Minnesota State Building Code, as may be amended. 3. In multiple-occupancy buildings, a Material Safety Data Sheet (MSDS) shall be required identifying all materials stored or used in the operation of the tenant businesses. Any change in building tenants shall require that the MSDS be updated and provided to all other tenants in the multi-tenant building. 4. A commercial recreational use in a shared tenancy building shall have its own exterior entrance and exit. 5. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with chapter 19 of this title and shall be subject to the approval of the City Engineer. B. Construction of solid wall or privacy fence within a required front yard or required side yard of a corner lot abutting a public right-of-way as provided for in subsection 11-21-5H1b of this title. C. Daycare, head start, and early childhood education facilities accessory to a principal use provided that the use complies with the provisions of chapter 31 of this title. D. Enclosed rental or service business as a principal use other than that allowed as a permitted use or conditional use within this title, provided that such use is allowed as a permitted use in a C-1 District. E. Essential services, except transmission pipelines and transmission or substation lines in excess of thirty three kilovolts (33 kV) and up to one hundred kilovolts (100 kV), as regulated by chapter 26 of this title. Page 179 of 226 31 F Fitness centers and health clubs provided that: 1. Adequate off street parking shall be provided in compliance with chapter 19 of this title. 2. The total number of stations shall not exceed one per one hundred (100) square feet of gross floor area. 3. Hours of operation shall be limited to five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M. G.Motor vehicle sales, leasing, or rental as a principal or accessory use, provided that: 1. There shall be no outside storage or display of vehicles for sale or lease. 2. Notwithstanding any other provision of this title, signage related to motor vehicle sales, leasing, or rental shall be limited to twenty four (24) square feet. 3. No temporary signage/advertising devices (e.g., portable signage, banners, pennants, spotlights, skytrackers, inflatables, balloons) shall be allowed. H. Multiple principal buildings on one lot of record, provided that: 1. Lot Requirements: The lot shall conform to the minimum lot area and lot width requirements of section 11-86-13 of this chapter. 2. Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a minimum of twenty feet (20'). 3. Common Areas: All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways: a. All of the property including buildings and common areas shall be owned by a single entity. b. Common interest community ownership pursuant to Minnesota Statutes 515B. c. The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements: (1) The tenant space related to each unit lot shall have an exclusive exterior entrance. (2) A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance Page 180 of 226 32 of driveways and parking areas, subject to review and approval of the city attorney. 4. Utilities: a. Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right of way. b. Public Utility Service: Separate public utility services shall be provided to each unit unless exempted by the city engineer. (1) Water connection: A shutoff valve for each individual unit shall be provided. (2) Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners. I. Outdoor civic events conducted by nonprofit organizations, each such outdoor event being limited to fourteen (14) days in any calendar year. J. Outside, aboveground storage facilities for fuels used for heating purposes, or for motor fuel dispensing purposes related to the approved principal use, but not for sale. Such facilities shall be limited to liquefied petroleum and propane gas used for standby heating and to equipment used for dispensing such gaseous fuels to vehicles and containers which are used in conjunction with the allowed principal use. The location and design of such facilities for new developments shall be included with the site plan submitted for review and approved as required by this title. The location and design of such facilities for existing developments in all cases shall be subject to the approval of the Zoning Administrator and the following criteria: 1. The design, construction, and location of the equipment must comply with State and City codes including appropriate National Fire Protection Association specifications, Minnesota Uniform Fire Code requirements, and manufacturer's specifications. 2. An accurate site plan for the development based upon a certified survey, shall be submitted showing to scale the location of the storage equipment, including any fencing and landscaping relating to the safety and screening of the equipment. 3. Solid wall enclosures should not be used to assure that fire hose streams can be directed onto the storage equipment with minimal obstruction. 4. Equipment must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. 5. No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this chapter, "signage" includes words, graphics, logos, and symbols. Page 181 of 226 33 K. Personal wireless service antennas including temporary mobile towers, as regulated by chapter 30 of this title. L. Sales, rental or display (indoor and outdoor) as an accessory use in association with an allowed principal use provided that: 1. The area so occupied shall not exceed ten percent (10%) of the principal building. 2. No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances. 3. The outdoor sales, rental, or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by chapter 19 of this title, except as may be exempted for cause by the Zoning Administrator. M. Servicing of motor freight vehicles and heavy construction equipment; directly related accessory materials and parts sales for such repair and servicing (not including new or used vehicle sales); and accessory materials and parts warehousing which is related to and dependent upon such uses, provided that: 1. All servicing of vehicles and equipment shall occur entirely within the principal structure; 2. To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulate matter; 3. Storage and use of all flammable materials, including liquids and rags, shall conform with applicable provisions of the Minnesota uniform fire code; 4. Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the city engineer and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semitrailer/tractor trucks; 5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building; and 6. The sale of products other than those specifically mentioned in this subsection L shall be subject to a separate conditional use permit and shall be in compliance with section 11-86-7 of this chapter. N. Temporary structures as regulated by chapter 28 of this title. O. WECS that comply with the height limit of this district, as regulated by chapter 29 of this title. P. Veterinary clinics provided that: 1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. Page 182 of 226 34 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. 3. An animal kennel is permitted as a use accessory to the veterinary clinic provided that: a. The number of animals boarded shall not exceed twenty (20). b. An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between sixty degrees (60°) and seventy five degrees Fahrenheit (75°F). d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous. f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. g. The appropriate license is obtained from the City Clerk and the conditions of section 5-1-12 of this Code are met. h. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. 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. Section 121. Section 11-87-7.D of the Zoning Ordinance (I-2 District – Conditional Uses) is hereby amended to read as follows: D. Daycare, head start, and early childhood education facilities accessory to a principal use provided that the use complies with the provisions of chapter 31 of this title. (Remainder of this page intentionally blank) Page 183 of 226 35 Section 120. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 6th day of May, 2024. CITY OF LAKEVILLE BY: ________________________ Luke Hellier, Mayor ATTEST BY: ________________________ Ann Orlofsky, City Clerk Page 184 of 226 SUMMARY ORDINANCE NO. ______ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE OF THE LAKEVILLE CITY CODE This ordinance amends Titles 10 and 11 of the Lakeville City Code. Amendments have been made to the following chapters of the Lakeville City Code: A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. 10-1-5: General Subdivision Provisions - Administrative Subdivisions 10-2-1: Procedures for Filing and Review – Sketch Plan 10-2-2: Procedures for Filing and Review - Preliminary Plat 10-2-3: Procedures for Filing and Review – Common Interest Communities 10-2-4: Procedures for Filing and Review - Final Plat 11-2-3: Rules and Definitions – Definitions 11-21-7: Fencing/Screening/Landscaping – General Mandatory Landscaping and Maintenance 11-21-9: Fencing/Screening/Landscaping – Required Screening and Landscaping 11-22-7: Outdoor Storage – Land/Sea Containers or Parking of Semitractor Trailers 11-31-1: Daycares – Purpose 11-31-3: Daycares – Application 11-31-7: Daycares – Nonconforming Use 11-32-7: Home Occupations – General Provisions Chapter 33: Specialized Housing 11-37-3: Motor Vehicle Fuel Facilities – Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair 11-37-7: Motor Vehicle Fuel Facilities –Truck Stops 11-50-7: RS-1 District – Conditional Uses 11-51-7: RS-2 District – Conditional Uses 11-52-7: RS-3 District – Conditional Uses 11-53-7: RS-4 District – Conditional Uses 11-54-7: RS-CBD District – Conditional Uses 11-55-7: RSMH District – Conditional Uses 11-56-7: RST-1 District – Conditional Uses 11-57-7: RST-2 District – Conditional Uses 11-58-9: RM-1 District – Conditional Uses 11-58-25: RM-1 District – Transition Requirement 11-59-9: RM-2 District – Conditional Uses 11-59-25: RM-2 District – Transition Requirement 11-60-9: RM-3 District – Conditional Uses 11-60-25: RM-3 District – Affordable Housing 11-61-7: RH-1 District – Conditional Uses 11-61-23: RH-1 District – Transition Requirement 11-62-7: RH-2 District – Conditional Uses 11-62-23: RH-2 District – Transition Requirement 11-63-9: RH-CBD District – Conditional Uses 11-65-3: M-1 District – Permitted Uses 11-65-7: M-1 District – Conditional Uses 11-66-3: M-2 District – Permitted Uses 11-66-7: M-2 District – Conditional Uses 11-70-3: O-R District – Permitted Uses 11-70-7: O-R District – Conditional Uses 11-71-3: C-1 District – Permitted Uses Page 185 of 226 11-71-7: C-1 District – Conditional Uses 11-72-3: C-2 District – Permitted Uses 11-72-7: C-2 District – Conditional Uses 11-73-3: C-3 District – Permitted Uses 11-73-7: C-3 District – Conditional Uses 11-74-3: C-CBD District – Permitted Uses 11-74-7: C-CBD District – Conditional Uses 11-75-3: O-P District – Permitted Uses 11-75-5: O-P District – Permitted Accessory Uses 11-75-7: O-P District – Conditional Uses 11-86-7: I-1 District – Conditional Uses 11-86-11: I-1 District – Uses by Administrative Permit 11-87-7: I-2 District – Conditional Uses Approved for publication by the City Council of the City of Lakeville, Minnesota this 6th day of May 2024. CITY OF LAKEVILLE BY: ________________________ Luke M. Hellier, Mayor ATTEST BY: ________________________ Ann Orlofsky, City Clerk Page 186 of 226 Planning Commission Meeting Minutes, April 25, 2024 Page 5 surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustained. 14. Earthen screening berms along Kenrick Avenue and 195th Street shall remain in place during the life of the grading and rehabilitation operation. Earthen berms shall not be located within 50 feet of 195th Street and Kenrick Avenue. 15. Access to and from the site shall be exclusive to Kenrick Avenue. 16. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 17. The first 400 feet of the access road shall remain paved with bituminous and shall be swept regularly to keep gravel off of Kenrick Avenue. Kenrick Avenue shall be swept regularly as needed. Any water used by the operator that is acquired from a City water hydrant will require a permit from the City. 18. Excavation is prohibited below an elevation of 1004 (sea level datum). The mining plan shall be revised to comply with this stipulation prior to City Council consideration of the interim use permit. 19. Rehabilitation of the property shall occur no later than December 31, 2029. Ayes: Zuzek, Kaluza, Tinsley, Majorowicz, Zimmer, Einck, Swenson Nays: 0 6b. City of Lakeville Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the staff annual review of the Zoning Ordinance, Subdivision Ordinance, and/or City Code to address issues identified in the course of ongoing administration of the City’s development regulations and review of development applications. Mr. Licht stated that the Planning Commission held a work session on February 8, 2024 to discuss the list of topics compiled by City staff during the prior year to provide direction as to possible amendments. Mr. Licht has collaborated with City staff on drafting the proposed amendment language to address the comments provided by the Planning Commission, which are described in more detail in the April 18, 2024 planning report. Community Development Department staff recommends the approval of the proposed amendments of the Subdivision Ordinance and Zoning Ordinance as presented. Chair Majorowicz opened the hearing to the public for comment. Page 187 of 226 Planning Commission Meeting Minutes, April 25, 2024 Page 6 Alexander Cecchini - 10331 204th St W. Mr. Cecchini commented positively on the annual review of zoning ordinances. Motion was made by Zimmer, seconded by Einck to close the public hearing at 6:47 p.m. Voice vote was taken on the motion. Ayes – unanimous. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Commission Swenson commented on the handout regarding the revised language for car washes. Mr. Licht clarified that it applies to all car washes. Motion was made by Kaluza, seconded by Tinsley to recommend to City Council the adoption of the Subdivision Ordinance and Zoning Ordinance amendments of the Lakeville City Code as presented. There being no further business, the meeting was adjourned at 6:52 p.m. Respectfully submitted, Tina Morrow, Recording Secretary Page 188 of 226 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Tina Goodroad/Kris Jenson FROM: D. Daniel Licht DATE: 17 April 2024, revised 26 April 2024 RE: Lakeville – Zoning Ordinance; Annual review/update (2024) TPC FILE: 135.01 BACKGROUND The Community Development Department initiates an annual review of the Zoning Ordinance, Subdivision Ordinance, and/or City Code to address issues identified in the course of ongoing administration of the City’s development regulations and review of development applications. An initial work session was held by the Planning Commission on 18 February 2024 to discuss the list of topics compiled by City staff during the prior year to provide direction as to possible amendments. City staff and our office have collaborated on drafting of proposed amendment language addressing the comments provided by the Planning Commission that was considered at a public hearing held on 25 April 2025. The proposed amendments are attached to this memorandum with text to be deleted stricken and added text double underlined. Exhibits: ▪Draft ordinance ANALYSIS Outlot Subdivision. Section 10-1-5 of the Subdivision Ordinance outlining processes for administrative subdivisions is to be amended to state that subdivision of an outlot requires application for a preliminary plat and final plat. As written, the administrative subdivision process states that a “lot” may be subdivided with administrative approval. The proposed amendment provides clarity that use of the term “lot” specifically excludes a request involving an outlot. Page 189 of 226 2 Subdivision Applications. Chapter 2 of the Subdivision Ordinance establishes procedures for subdivision applications. The current provisions require applicants to submit multiple paper copies of application information for City staff review. However, the City currently accepts and encourages application information to be submitted electronically. The proposed amendments eliminate the requirement for hard copies of information to be submitted. The proposed amendment also revises the number of days for City staff to inform an applicant if the application is complete to be the 15 days as required by Minnesota Statutes 15.99. Zoning Definitions. The proposed amendments include revising the definitions of auto repair (minor), commercial uses, daycare facility, and religious institution. Definitions are to be added for adult education, funeral home or mortuary, micro unit (dwelling), and sacred community. Natural Landscaping. In 2023, the Legislature passed and the Governor signed a law requiring that cities allow for installation of natural landscaping. Section 11-21-7 of the Zoning Ordinance regulating General Mandatory Landscaping and Maintenance is to be amended to establish that natural landscaping is to be allowed within private yards subject to approval of an Administrative Permit by the Zoning Administrator. A planting and maintenance plan is to be submitted with application for the Administrative Permit detailing a planting diagram showing the location and mature height of all specimens of natural landscaping, information on the upkeep of each specimen, details for long term maintenance required for natural landscaping. There is an additional requirement that the natural landscaping be setback 10 feet from any property line and five feet from any public right-of-way. Plant Sizes. City staff is recommending that the minimum evergreen tree size requirements established by Section 11-21-9.C.1 be reduced from eight feet to six feet. There is less available nursery stock meeting the minimum eight-foot height requirement. The City Forester has indicated support for the proposed amendment to these requirements. This change also requires amendment of Section 11-21-9.E.5.a of the Zoning Ordinance, which specifies the minimum screening height for residential buffer yards. Outdoor Storage. City staff is recommending the following amendments related to accessory outdoor storage uses: ▪Amendment of Section 11-22-5.D of the Zoning Ordinance to require outdoor storage of land/sea containers or semi-trailers on an asphalt, concrete, or paver surface with perimeter concrete curb, unless the City Engineer approves an exemption of the curb for stormwater management purposes. This amendment is consistent with the language in Section 11-22-5.B of the Zoning Ordinance for general outdoor storage uses. City staff recommends this change for consistency and also increased environmental protection within Shoreland Overlay Districts and the Vermillion River Watershed. ▪The O-P Office Park District lists standards in 11-75-13 of the Zoning Ordinance for outdoor storage. However, outdoor storage is not listed as a permitted accessory use in Section 11-75-5 of the Zoning Ordinance. City staff recommends amending Section 11-75- Page 190 of 226 3 5 of the Zoning Ordinance to include outdoor storage as a permitted accessory use, provided compliance with Section 11-75-13.J of the Zoning Ordinance. Education Uses. Public and private education institutions limited to accredited elementary, middle or junior high, and senior high schools are a conditional use within residential zoning districts. Community preschool, latchkey, and adult education facilities are conditional uses within the commercial zoning districts. City staff is recommending the following amendments related to education uses: ▪Allowance of elementary, middle, and senior high schools as conditional uses in residential districts is expanded to include preschool, head start, early childhood education, and adult education as inclusive of such programs. ▪The definition of daycare, and performance standards for daycare uses set forth in Chapter 31, and the listing of daycares as allowed uses within the respective zoning districts are to be amended to include early childhood education and head start education programs. Including early childhood education and head start programs within the definition and performance standards for daycares makes these programs allowed in residential, commercial, and industrial zoning districts the same as daycares. ▪The terms daycare, early childhood education, and early start education programs replace use of the term latchkey, which is an older term generally used to describe afterschool care for students. Currently, before- and after-school care is available to students at all elementary schools in ISD 194. This type of program is now standard at schools and is utilized by the students attending that same elementary school. City staff recommends that Latchkey as a separate use be eliminated as a separate use in the Zoning Ordinance. ▪Adult education facilities are added as permitted uses within the M-1, M-2, O-R, C-1, C-2, and C-3 Districts. Home Occupations. The Zoning Ordinance presently does not allow home occupations to have employees that are not residents of the premises. With continuing changes to the office work environments since the COVID-19 Pandemic, City staff is recommending that Section 11-32-7.K of the Zoning Ordinance be amended to allow one non-resident employee to work at a home occupation not involving on-site services provided off-street parking is available. Sacred Communities. The Legislature passed and Governor signed into law provisions allowing religious institutions to locate micro dwelling units on their campus for the purpose of providing expanded affordable housing options. The Statute provides that cities must allow for these dwellings regulated only to the extent specified by the law. As such, provisions referencing the performance standards outlined by Statute for micro dwelling units within sacred communities have been added to the specialized housing provisions in Section 33 of the Zoning Ordinance and allowances for religious institutions in the various zoning districts are to be amended to allow sacred communities as a conditional use. Page 191 of 226 4 Motor Fuel Facility Signs. In 2023, the Zoning Ordinance was amended to allow signage on a motor vehicle fuel canopy in addition to a wall sign on the building. It was identified that minor updates needed to be made to language in Chapter 37 of the Zoning ordinance to be consistent with the changes made in Chapter 23 of the Zoning Ordinance regulating signs. Transition Requirements. The 2000 Zoning Ordinance included establishment of RM, Medium Density Residential Districts and RH, High Density Residential Districts to provide for development of townhouse and multiple family uses through conventional zoning districts with standardized performance standards opposed to the PUD, Planned Unit Development District approach that had been common practice previously, The transition requirement is intended to address development of areas guided for medium and high-density residential uses as guided by the 1998 Comprehensive Plan adjacent to existing developed single-family subdivisions that zoned RS-1, RS-2, and RS-3 Districts. In 2010, the Zoning Ordinance was amended to include the RS-4, Single Family Residential District with smaller minimum lot area and lot width requirements than the RS-1, RS-2, and RS-3 Districts. Our office recommends that the transition provisions be amended to remove the application for these requirements when abutting an RS-4 District. The lot area and width requirements of the RS-4 District serve as a transitional land use when located adjacent to medium and high-density residential land uses. The transition requirements allow for the transition requirement to be satisfied by uses within the RST-2 District, which includes single family uses meeting RS-4 District standards. We would further recommend that the transition requirements be amended to apply when abutting RS-1, RS-2, and RS-3 Districts within the MUSA consistent with the original purpose of buffering existing single-family subdivisions from new medium and high density residential development. Public Parking. The Zoning Ordinance allows public parking within surface lots or garages as a permitted principal use with in the M-1, M-2, C-1, C-2, and C-3 Districts. Public parking is also allowed as permitted principal use within the C-CBD District for Downtown Lakeville, but limited to City facilities only. City staff has identified that there is potential for interest in development of public parking facilities as a principal use with the growing popularity of battery electric vehicles and the need to expand charging infrastructure. Allowance of public parking in mixed- use and commercial districts oriented specifically to battery electric charging facilities would be beyond the scope intended by the current Zoning Ordinance with such use being more similar in function and character to a motor fuel facility. City staff is proposing that the allowance of public parking within the M-1, M-2, C-1, C-2, and C-3 Districts be amended to limit such uses to City facilities only. The intent would be to further address locations and standards for battery electric vehicle charging facilities as a principal use with the future Zoning Ordinance updates. Page 192 of 226 5 Commercial Car Washes. City staff is proposing amendment of the performance standards for commercial car washes allowed within the C-2, C- 3, and M-1 Districts as conditional uses in order to mitigate potential noise impacts. These standards include a requirement that the door of the car wash be closed while in operation when the use is within 500 feet of a residential district and that vacuums be limited to 70 decibels levels at the property line. Car washes are to be removed from the C-1 District. M-2 District Uses. The Planning Commission had discussion with Oppidan Development, Inc. regarding a potential development at Cedar Avenue (CSAH 23) and 179th Street as to appropriate uses given the current character of mixed use and commercial development. The M-2 District was developed following adoption of the 2018 Lakeville Comprehensive Plan to provide for mixed use development similar in character to that of Arbor Lakes in Maple Grove or Heart of the City in Burnsville. However, there are sites within the current MUSA zoned M-2 District that the Planning Commission believes are not viable under current conditions for that type of development. Therefore, the Planning Commission supported amendment of the M-2 District to include commercial car wash and minor auto repair uses. Allowance of these uses as proposed includes a standard that requires a 500-foot setback from Cedar Avenue (CSA 23) to minimize visibility of the automobile use from what is to be a transit-oriented development corridor. I-1 District Uses. Many of the buildings located within the Air Lake Industrial Park are older and are smaller in size and were constructed with lower ceiling clearances than those facilities constructed in recent years. To ensure the viability of these buildings, City staff would like to consider additional uses be appropriate within the I-1 District that includes most of these properties. Last year, the Community Development was approached about a retail use of automobiles that would occur indoors, with no or limited outdoor display, but that use is not currently permitted in the I-1 District. Flexible with uses in an overlay district can help older buildings remain in use, which generates jobs and activity within the industrial park. Modifications to sites to accommodate new parking or loading facilities may require stormwater improvements, many of which were developed with little to no stormwater treatment on site. The specific changes to the I-1 District uses include: ▪Adding permitted uses including commercial catering businesses, indoor firearms and archery ranges and instructional classes. Page 193 of 226 6 ▪Moving outdoor civic events and servicing of motor freight and heavy construction vehicles from permitted uses to uses allowed by administrative permit as the uses include specific performance standards that need to be approved by City staff. ▪Moving indoor enclosed accessory retail, commercial recreation, and daycare facilities from conditional uses to uses allowed by administrative permit to expedite the review process. ▪Adding as uses by administrative permit fitness centers and health clubs, motor vehicle sales, leasing, or rental (without outdoor storage or display), and veterinary services. Future Topics. The topics addressed by the proposed amendments involve relatively basic changes to single performances standards for current best practices or changes intended to facilitate ease of the development approval process. Larger scale changes require additional review by the Planning Commission based on more on establishment of policy include the following topics that will be presented at a future date: ▪Comprehensive revision of Chapter 19 regulating off-street parking stall to update for best management practices, clarity, and ease of use and reference. ▪Comprehensive revision of Chapter 23 regulating signs to clarity, and ease of use and reference. ▪Review options for increasing density allowances for medium and high-density residential development meeting affordable housing requirements. ▪Consideration of expanded options for uses within mixed-use and commercial zoning districts reflecting current retail, service, and office development trends. CONCLUSION The Planning Commission considered the proposed amendments of the Subdivision Ordinance and Zoning Ordinance at a public hearing noticed for 25 April 2024 and voted 7-0 to recommend approval. City staff and our office recommend approval of the proposed amendments as presented. c. Andrea McDowell-Poehler, City Attorney Page 194 of 226 Date: 5/6/2024 Superior Sand and Gravel Interim Use Permit Proposed Action Staff recommends adoption of the following motion: Move to approve Superior Sand and Gravel Interim Use Permit. Overview Representatives of Superior Sand and Gravel have submitted an application for an Interim Use Permit (IUP) to allow mining and excavation, grading, filling, and aggregate processing operations on property located in the northeast quadrant of Kenrick Avenue and 195th Street at 19250 Kenrick Avenue. Superior Sand and Gravel proposes to excavate the aggregate deposit within the 100-foot-wide high pressure gas main easement that runs north and south through the approximate west one-third of the property that was recently abandoned by Centerpoint Energy. An Interim Use Permit is required to allow grading, filling and processing on the property with no concrete or bituminous demolition crushing on site. The applicant requests active mining and excavation within the vacated easement area with final site rehabilitation and grading through December 31, 2029. The Planning Commission held a public hearing at its April 25, 2024, meeting. There was comment provided from three individuals, one in person and two via email. The Planning Commission recommended unanimous approval of the interim use permit subject to 19 stipulations. Staff discussed with the Police Department the resident’s request to install a “No Engine Braking” sign on Kenrick Avenue. The Police Department indicated their recommendation to not install such a sign as they have proven to be virtually unenforceable. The applicant has agreed to place “No Engine Braking” signs on their property in view of drivers arriving and leaving the property. Supporting Information 1. Interim Use Permit Form 2. Findings of Fact 3. April 25, 2024 Draft Planning Commission Minutes 4. Superior Sand & Gravel IUP Planning Report 5. Resident email re: Superior Sand & Gravel Page 195 of 226 Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey Page 196 of 226 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA INTERIM USE PERMIT NO. 24- ___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants an interim use permit to Superior Sand and Gravel to allow mining, excavation, grading, processing, filling, and rehabilitation operations as an interim use on property located in the northeast quadrant of Kenrick Avenue and 195th Street at 19250 Kenrick Avenue. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east – west quarter line of said Section 24 and southerly and westerly of the shore line of Lake Marion. Subject to a street or road easement for 195th Street West. Except the following described property: That part of Government Lot 7 of Section 24, Township 114, Range 21, Dakota County, Minnesota lying Easterly of the Easterly right of way line of Trunk Highway Number 35 (as now located and established) including the accretions and relictions and all other riparian rights thereto; which lies Westerly of a line run parallel with and distant 135 feet Easterly of line 1 described below: Line 1: Beginning at a point on the West and East quarter line of Section 13, Township 114, Range 21, distant 1421 feet East of the West quarter corner thereof; thence run Southerly at an angle of 92 degrees 6 minutes 00 seconds from said East and West quarter line (measured from East to South) for 3707.3 feet and there terminating. Page 197 of 226 2 3. Conditions. This interim use permit is issued subject to the following conditions: a. The boundaries of the processing, grading, and rehabilitation areas shall be limited to the areas identified in the approved plans. b. Rehabilitation, grading, drainage, erosion and sedimentation control, and finished grades shall occur consistent with the Excavation and Grading plan prepared by Sathre-Berquist, Inc., dated October 23, 2023. c. Perimeter side slopes shall be back filled to a maximum grade of 3:1 (33%). No Trespassing signs shall be installed and maintained at regular intervals at the perimeter of the mine adjacent to Kenrick Avenue and 195th Street. d. Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. e. Only clean compactable fill shall be imported to property. f. Demolition concrete and bituminous shall not be imported to the property nor shall crushing of such materials be permitted. g. The on-site stormwater basins constructed in 2011 shall be inspected and certified to be functional per the approved design to prevent soil and sand sediment from discharging to Lake Marion. h. A site improvement performance agreement and annual permits shall be submitted by the applicant along with security as required by Title 7, Chapter 4 of the City Code and Section 11-5-13 of the Zoning Ordinance. A security deposit shall be submitted by the operator for each acre of land remaining to be rehabilitated in an amount approved by the City Council to complete the approved rehabilitation plan. The annual permit application shall include figures stating the amount of aggregate material exported from the property and fill material imported to the property. i. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. j. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. Page 198 of 226 3 k. Grading and hauling operations may occur between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Crushing and processing operations shall not occur on Saturdays and Sundays. l. Operators shall comply with all applicable city, county, state, and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or processed residue shall be deposited in any lake, stream or natural drainage system. m. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustained. n. Earthen screening berms along Kenrick Avenue and 195th Street shall remain in place during the life of the grading and rehabilitation operation. Earthen berms shall not be located within 50 feet of 195th Street and Kenrick Avenue. o. Access to and from the site shall be exclusive to Kenrick Avenue. p. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. q. The first 400 feet of the access road shall remain paved with bituminous and shall be swept regularly to keep gravel off of Kenrick Avenue. Kenrick Avenue shall be swept regularly as needed. Any water used by the operator that is acquired from a City water hydrant will require a permit from the City. r. Excavation is prohibited below an elevation of 1004 (sea level datum). The mining plan shall be revised to comply with this stipulation prior to City Council consideration of the interim use permit. s. Rehabilitation of the property shall occur no later than December 31, 2029. 4. Termination of Permit. The City may revoke the interim use permit following a public hearing for violation of the terms of this permit. Page 199 of 226 4 5. Expiration. This interim use permit shall expire unless the applicant commences the mining, excavation, grading, processing, filling, and rehabilitation operations within one year of the date of this interim use permit, unless an extension is approved by the Zoning Administrator. DATED: May 6, 2024 CITY OF LAKEVILLE BY: ________________________ Luke M. Hellier, Mayor BY: ________________________ Ann Orlofsky, City Clerk The foregoing instrument was acknowledged before me this 6th day of May 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 (SEAL) DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 200 of 226 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUPERIOR SAND & GRAVEL INTERIM USE PERMIT FINDINGS OF FACT AND DECISION The Lakeville Planning Commission met at its regularly scheduled meeting on April 25, 2024 to consider the application of Superior Sand & Gravel for an interim use permit to allow mining, excavation, grading, filling, processing, and rehabilitation operations on property located at 19250 Kenrick Avenue. The Planning Commission conducted a public hearing on the application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is guided for both Medium/High Density Residential and Low Density Residential land use by the 2040 Comprehensive Plan. 2. The subject site is zoned RM-2, Medium Density Residential District and RS-3, Single Family Residential District, and is included in the RAO, Rural Overlay District and the Shoreland Overlay District. 3. The legal description of the property is as follows: That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east – west quarter line of said Section 24 and southerly and westerly of the shore line of Lake Marion. Subject to a street or road easement for 195th Street West. Except the following described property: That part of Government Lot 7 of Section 24, Township 114, Range 21, Dakota County, Minnesota lying Easterly of the Easterly right of way line of Trunk Highway Number 35 (as now located and established) including the accretions and relictions and all other riparian rights thereto; which lies Westerly of a line run parallel with and distant 135 feet Easterly of line 1 described below: Line 1: Beginning at a point on the West and East quarter line of Section 13, Township 114, Range 21, distant 1421 feet East of the West quarter corner thereof; thence run Southerly at an angle of 92 degrees 6 minutes 00 seconds from said East and West quarter line (measured from East to South) for 3707.3 feet and there terminating. Page 201 of 226 2 4. Chapter 11-5-3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: Mining and excavation activity on the subject property predates most residential and commercial uses in the area. The 2040 Comprehensive Land Use Plan states that gravel resources be accessed in a manner that protects Lakeville’s environment, is compatible with adjoining land uses, and is consistent with the City’s long-range planning. Furthermore, consider compatibility with surrounding land uses and mitigation measures in the location and operation of gravel mining operations to reduce nuisance concerns such as noise, dust, traffic, etc. The proposed grading, filling, processing, and rehabilitation operations are consistent with the 2040 Lakeville Comprehensive Plan, which establishes objectives and criteria for these types of activities in areas located within MUSA Expansion Area B. The operational activities associated with site rehabilitation on the property are considered compatible with the nearby residential uses and the natural environment. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed use will be compatible with nearby existing land uses given compliance with the stipulations listed in the April 19, 2024 planning report. The proposed grading, filling and rehabilitation plans have been developed to incorporate future low density residential and medium/high density residential land uses consistent with the 2040 Comprehensive Land Use Plan. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed mining operations will comply with requirements of the Zoning Ordinance and City Code in accordance with the stipulations outlined in the April 19, 2024 planning report. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Page 202 of 226 3 Finding: The subject site is located in MUSA Expansion Area B of the 2040 Comprehensive Land Use Plan and is not served by City sanitary sewer and water services. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: Traffic generated by the proposed use can be accommodated by Kenrick Avenue, a minor arterial street as designated in the 2040 Transportation Plan. 5. The report dated April 19, 2024 prepared by Frank Dempsey, Associate Planner is incorporated herein. DECISION The City Council approves the Superior Sand and Gravel interim use permit in the form attached hereto. DATED: May 6, 2024 CITY COUNCIL BY: __________________________________ Luke M. Hellier, Mayor BY:___________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 6th day of May 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 (SEAL) Lakeville, MN 55044 Page 203 of 226 Planning Commission Meeting Minutes, April 25, 2024 Page 2 6a. Superior Sand and Gravel Chair Majorowicz opened the public hearing to consider the application of Superior Sand and Gravel for an interim use permit (IUP) for Mining and Excavation in the RM-2, Medium Density Residential District; RS-3, Single Family Residential District; RAO, Rural Agricultural Overlay District, and Shoreland Overlay District, located at 19250 Kenrick Avenue. John Fritz, Operation Manager with Superior Sand and Gravel presented a brief overview of the project. Planning Associate Frank Dempsey presented the planning report. Mr. Dempsey stated the applicant submitted an application for an interim use permit to allow mining and excavation, grading, filling, and aggregate processing operations on property located in the northeast quadrant of Kenrick Avenue and 195th Street at 19250 Kenrick Avenue. Centerpoint Energy has abandoned its 100-foot-wide utility easement and removed the high pressure gas main in 2023, leaving a wide area of rock, gravel and sand deposit that the applicant proposes to extract, process, and export from the site. Superior Sand and Gravel has been the site operator since 2020 to complete the final stages of mining, filling and rehabilitation of the property. Superior Sand and Gravel applied for an interim use permit in 2022 to allow continuation of mining and processing that included crushing and sorting of demolition bituminous and concrete, but the City Council denied that request. The west one-third of the property is zoned RM-2, Medium Density Residential District, consistent with the 2040 Comprehensive Land Use Guide Plan. The west two-thirds of the property is zoned RS-3, Single Family Residential District. Both zoning categories are consistent with the 2040 Comprehensive Land Use Guide Plan. The property is located in MUSA Expansion Area B (2029-2038) for future development. Superior Sand and Gravel proposes to excavate, crush, and sort the various aggregate deposits in the vicinity of the former gas main easement, and estimates a two-year timeframe to excavate and sort the various aggregate by size in preparation for export and a total of five years to complete property rehabilitation. Mr. Dempsey outlined the hours of operation and the restrictions of the crushing operations and dust control outlined in the April 19, 2024 planning report. Noise generated from the site must be in compliance with the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency rules and regulations. Community Development Department staff recommends approval of the Superior Sand and Gravel interim use permit, subject to the nineteen stipulations listed in the April 19, 2024 planning report. DRAFT Page 204 of 226 Planning Commission Meeting Minutes, April 25, 2024 Page 3 Chair Majorowicz opened the hearing to the public for comment. Evan Easton - 18924 Katrine Court Mr. Easton mentioned the time frame of the proposed project, pointing out the interim use permit is for five years at which the grading is expected. He is suggesting that the project be completed prior to five years timeframe, due to the dust and noise in the surrounding neighborhood. Motion was made by Zimmer seconded by Swenson to close the public hearing at 6:16 p.m. Voice vote was taken on the motion. Ayes – unanimous. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: •Chair Majorowicz asked if it is possible to complete the proposed project in less than the five years’ timeframe. Mr. Fritz stated the timeline depends on market demand and the economy. •Vice Chair Zimmer inquired about a dust control requirement? Mr. Fritz stated they follow MPC dust guidelines for air quality and safety. •Commissioner Einck was concerned about the grinding/crushing operations closer to Lake Marion. •Commissioner Swenson commented on the necessity of local aggregate materials for use in area and regional construction including projects within the City of Lakeville. •Mr. Dempsey mentioned for clarification that the mining/excavation operations will be over a two year period, a presented by the applicant, and the remaining time will be for export and import of material in for the final grading. Mr. Fritz confirmed the timeline of the proposed project. Motion was made by Swenson, seconded by Zimmer to recommend to City Council approval of the Superior Sand and Gravel interim use permit subject to the following stipulations: 1.The boundaries of the processing, grading, and rehabilitation areas shall be limited to the areas identified in the approved plans. 2.Rehabilitation, grading, drainage, erosion and sedimentation control, and finished grades shall occur consistent with the Excavation and Grading plan prepared by Sathre-Berquist, Inc., dated October 23, 2023. Page 205 of 226 Planning Commission Meeting Minutes, April 25, 2024 Page 4 3.Perimeter side slopes shall be back filled to a maximum grade of 3:1 (33%). No Trespassing signs shall be installed and maintained at regular intervals at the perimeter of the mine adjacent to Kenrick Avenue and 195th Street. 4.Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. 5.Only clean compactable fill shall be imported to property. 6.Demolition concrete and bituminous shall not be imported to the property nor shall crushing of such materials be permitted. 7.The on-site stormwater basins constructed in 2011 shall be inspected and certified to be functional per the approved design to prevent soil and sand sediment from discharging to Lake Marion. 8.A site improvement performance agreement (SIPA) and annual permits shall be submitted by the applicant along with security as required by Title 7, Chapter 4 of the City Code and Section 11-5-13 of the Zoning Ordinance. A security deposit shall be submitted by the operator for each acre of land remaining to be rehabilitated in an amount approved by the City Council to complete the approved rehabilitation plan. The annual permit application shall include figures stating the amount of aggregate material exported from the property and fill material imported to the property. 9.Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 10.The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. 11.Grading and hauling operations may occur between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Crushing and processing operations shall not occur on Saturdays and Sundays. 12.Operators shall comply with all applicable city, county, state, and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or processed residue shall be deposited in any lake, stream or natural drainage system. 13.All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. Slopes, graded areas and backfill areas shall be Page 206 of 226 Planning Commission Meeting Minutes, April 25, 2024 Page 5 surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustained. 14.Earthen screening berms along Kenrick Avenue and 195th Street shall remain in place during the life of the grading and rehabilitation operation. Earthen berms shall not be located within 50 feet of 195th Street and Kenrick Avenue. 15.Access to and from the site shall be exclusive to Kenrick Avenue. 16.Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 17.The first 400 feet of the access road shall remain paved with bituminous and shall be swept regularly to keep gravel off of Kenrick Avenue. Kenrick Avenue shall be swept regularly as needed. Any water used by the operator that is acquired from a City water hydrant will require a permit from the City. 18.Excavation is prohibited below an elevation of 1004 (sea level datum). The mining plan shall be revised to comply with this stipulation prior to City Council consideration of the interim use permit. 19.Rehabilitation of the property shall occur no later than December 31, 2029. Ayes: Zuzek, Kaluza, Tinsley, Majorowicz, Zimmer, Einck, Swenson Nays: 0 6b. City of Lakeville Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the staff annual review of the Zoning Ordinance, Subdivision Ordinance, and/or City Code to address issues identified in the course of ongoing administration of the City’s development regulations and review of development applications. Mr. Licht stated that the Planning Commission held a work session on February 8, 2024 to discuss the list of topics compiled by City staff during the prior year to provide direction as to possible amendments. Mr. Licht has collaborated with City staff on drafting the proposed amendment language to address the comments provided by the Planning Commission, which are described in more detail in the April 18, 2024 planning report. Community Development Department staff recommends the approval of the proposed amendments of the Subdivision Ordinance and Zoning Ordinance as presented. Chair Majorowicz opened the hearing to the public for comment. Page 207 of 226 City of Lakeville Community Development Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: April 19, 2024 Subject: Packet Material for the April 25, 2024 Planning Commission Meeting Agenda Item: Superior Sand & Gravel Interim Use Permit Action Deadline: June 19, 2024 BACKGROUND Representatives of Superior Sand & Gravel have submitted an application for an Interim Use Permit (IUP) to allow mining and excavation, grading, filling, and aggregate processing operations on property located in the northeast quadrant of Kenrick Avenue and 195th Street at 19250 Kenrick Avenue. Superior Sand & Gravel proposes to excavate the aggregate deposit within the 100-foot-wide high pressure gas main easement that runs north and south through the approximate west one-third of the property that was recently abandoned by Centerpoint Energy. An Interim Use Permit is required to allow grading, filling and processing on the property. The applicant requests active mining and excavation within the easement area and final site rehabilitation and grading through December 31, 2029. EXHIBITS A. Location Map B. Zoning Map C. MUSA Staging Area Plan Page 208 of 226 2 D. Area of Proposed Mining E. Aggregate Resources Area 2040 Comprehensive Land Use Plan F. Applicant Plan Narrative G. Proposed Mining and Site Rehabilitation Plan H. Resident email dated April 12, 2024 The property is owned by Ashbury, LP and is approximately 63 acres in area. Superior Sand & Gravel has been the site operator since 2020 to complete the final stages of filling and rehabilitation of the property as outlined in the approved 2011 Interim Use Permit, which expired December 31, 2021 without site rehabilitation being completed. Superior Sand & Gravel applied for an interim use permit in 2022 to allow continuation of mining and processing that included crushing and sorting of demolition bituminous and concrete, but the City Council denied that request. SURROUNDING LAND USES North – Lake Marion South – 195th Street/Casperson Park/Gopher Outside Storage East – Lake Marion West – Kenrick Avenue and Interstate 35 P LANNING ANALYSIS The property has operated as a sand and gravel mine at various times since 1965, and the property has been owned by the Bury family since 1968. Approximately 709,358 cubic yards of compactable soil has been imported and compacted between 2011 and 2021. Approximately 334,000 cubic yards of additional fill material remains to be imported to complete site rehabilitation to the grades required to bring the property to an elevation to allow gravity flow sewer flow at the time of future property development. Between 2011 and the end of 2023, approximately 893,358 cubic yards of fill material have been imported for finished grades and site rehabilitation. Comprehensive Plan. The 2040 Comprehensive Land Use Guide Plan guides the property between medium/high density and low density residential with low density comprising the approximate east two-thirds of the property. The property is within Municipal Urban Service Area (MUSA) B, which guides the property to be outside the MUSA no sooner than 2029 or as late as 2038 depending on when the property is brought into the current MUSA when sanitary sewer is available to the property as development occurs from the south on the east side of Kenrick Avenue. City sanitary sewer and water to serve the property is approximately seven- tenths of a mile to the south. Page 209 of 226 3 Natural Resources - 2040 Comprehensive Land Use Plan. The 2040 Comprehensive Land Use Plan identifies sand and gravel aggregate deposits as natural resources consistent with the Metropolitan Council identification of sand and gravel as a regional resource to be protected for extraction in support of anticipated regional growth. The Minnesota DNR has mapped a generalized inventory of sand and gravel deposits within the Twin Cities Metropolitan Area. The map illustrates scattered deposits within Lakeville with larger concentrations in the northeast and southwest areas of the city. While a number of gravel pits have existed within the city, only one is currently active. This active gravel mining operation is in southeast quadrant of I-3 and 185th Street (CSAH 60) adjacent to Lake Marion. Extraction of sand and gravel deposits must be regulated in a manner so as to be compatible with existing and planned development of the surrounding area. The intent of such regulations is to allow for the use without negatively impacting the natural environment or City infrastructure. New gravel mining operations will be limited to an interim use in areas designated as MUSA Expansion Areas, Urban Reserve, or Permanent Rural on the MUSA Staging Plan map so as not to interfere with planned urban growth. The city will also continue to regulate gravel mining through the Extraction and Mining Ordinance included within the City Code. The City utilizes this ordinance to evaluate gravel mining plans and operations in issuing an annual license after the interim use permit is approved. Zoning. The west one-third of the property is zoned RM-2, Medium Density Residential District, consistent with the 2040 Comprehensive Land Use Guide Plan. The west two-thirds of the property is zoned RS-3, Single Family Residential District. Both zoning categories are consistent with the 2040 Comprehensive Land Use Guide Plan. The property is also located within the RAO, Rural Agriculture Overlay District and the Shoreland Overlay District of Lake Marion. Mining and Excavation is an allowed use in these zoning districts subject to approval of an interim use permit. Interim use permit applications must conform to the standards listed in Title 7, Chapter 4 of the City Code. The plans submitted with the interim use permit application outline the proposed materials processing and rehabilitation in detail. The plans have addressed the information required by Title 7, Chapter 4 of the City Code. Superior Sand & Gravel proposes to excavate, crush, and sort the various aggregate deposits in the vicinity of the former gas main easement. Sorted materials would be shipped from the site as necessary for area building and road construction needs. Superior Sand & Gravel estimates a two-year timeframe to excavate and sort the various aggregate by size in preparation for export. The hours of operation shall be limited to 7:00 AM to 7:00 PM Monday through Friday. No crushing operations may occur on Saturdays and Sundays. Noise generated from the site must Page 210 of 226 4 be in compliance with the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency rules and regulations. Dust will be controlled as necessary by using water and a pumping truck from the water available in the settling ponds. Any water obtained from a city water hydrant will require a permit from the City. Gravel and dust tracked onto Kenrick Avenue must be promptly removed by the operator. The finished grades will include a minimum of three inches of topsoil as proposed in the rehabilitation plan. Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self- sustained. Superior Sand & Gravel is required to apply for an annual mining and excavation (rehabilitation) permit at which time staff determines whether the mine is complying with the stipulations of the approved interim use permit. The site is inspected periodically during the year to confirm compliance with the approved permit. Failure to comply with the approved plans may result in the annual permit not being issued whereby the operator cannot continue to operate until any noted irregularities are addressed. Complaints. Superior Sand & Gravel been allowed to import fill material to the property after the interim use permit extension was not approved by the City Council in 2022. Superior Sand & Gravel shall promptly address within one working day of receiving complaints. Community Development Department staff has not received complaints regarding site operations, primarily import and grading of fill material since 2022. The city is typically notified if calls are made to the site operator. Site Improvement Performance Agreement and Financial Guarantee. The Zoning Ordinance for interim use permit administration and the City Code require the submittal of a site improvement performance agreement to guarantee the completion of work as allowed by the approved interim use permit. A finance guarantee will be required as surety for the completion of the property rehabilitation as required by the City Code and as outlined in the planning report. A cash escrow or bond must be submitted in favor of the City of Lakeville in accordance with City Code in the sum of $1,500.00 per acre for the remaining acreage yet to be rehabilitated according to the proposed mining and excavation and rehabilitation plan if the interim use permit is approved. Page 211 of 226 5 Neighborhood Meeting. Superior Sand & Gravel representatives hosted a neighborhood meeting March 12, 2024, at Hampton Inn on Keokuk Avenue. Two residents attended the neighborhood meeting. Questions were primarily regarding days and hours of operation, how many years of mining and site rehabilitation, is concrete crushing be proposed and noise and dust control measures. Zoning Decision Making Pyramid. Decision making authority for the City is limited by the various categories noted in the pyramid below. The city may apply some conditions provided there is a nexus between the conditions specific request. An interim use permit falls under the same category as conditional use permits (yellow). Pyramid of Discretion RECOMMENDATION Community Development Department staff recommends approval of the interim use permit subject to the stipulations noted in the April 19, 2024 planning report and approval of the findings of fact: 1. The boundaries of the processing, grading, and rehabilitation areas shall be limited to the areas identified in the approved plans. 2. Rehabilitation, grading, drainage, erosion and sedimentation control, and finished grades shall occur consistent with the Excavation and Grading plan prepared by Sathre-Berquist, Inc., dated October 23, 2023. 3. Perimeter side slopes shall be back filled to a maximum grade of 3:1 (33%). No Trespassing signs shall be installed and maintained at regular intervals at the perimeter of the mine adjacent to Kenrick Avenue and 195th Street. 4. Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. 5. Only clean compactable fill shall be imported to property. Page 212 of 226 6 6. Demolition concrete and bituminous shall not be imported to the property nor shall crushing of such materials be permitted. 7. The on-site stormwater basins constructed in 2011 shall be inspected and certified to be functional per the approved design to prevent soil and sand sediment from discharging to Lake Marion. 8. A site improvement performance agreement and annual permits shall be submitted by the applicant along with security as required by Title 7, Chapter 4 of the City Code and Section 11-5-13 of the Zoning Ordinance. A security deposit shall be submitted by the operator for each acre of land remaining to be rehabilitated in an amount approved by the City Council to complete the approved rehabilitation plan. The annual permit application shall include figures stating the amount of aggregate material exported from the property and fill material imported to the property. 9. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 10. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. 11. Grading and hauling operations may occur between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Crushing and processing operations shall not occur on Saturdays and Sundays. 12. Operators shall comply with all applicable city, county, state, and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or processed residue shall be deposited in any lake, stream or natural drainage system. 13. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustained. 14. Earthen screening berms along Kenrick Avenue and 195th Street shall remain in place during the life of the grading and rehabilitation operation. Earthen berms shall not be located within 50 feet of 195th Street and Kenrick Avenue. Page 213 of 226 7 15. Access to and from the site shall be exclusive to Kenrick Avenue. 16. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 17. The first 400 feet of the access road shall remain paved with bituminous and shall be swept regularly to keep gravel off of Kenrick Avenue. Kenrick Avenue shall be swept regularly as needed. Any water used by the operator that is acquired from a City water hydrant will require a permit from the City. 18. Excavation is prohibited below an elevation of 1004 (sea level datum). The mining plan shall be revised to comply with this stipulation prior to City Council consideration of the interim use permit. 19. Rehabilitation of the property shall occur no later than December 31, 2029. Page 214 of 226 EXHIBIT A Page 215 of 226 EXHIBIT BPage 216 of 226 EXHIBIT C Page 217 of 226 EXHIBIT D Page 218 of 226 EXHIBIT E Page 219 of 226 EXHIBIT FPage 220 of 226 April 12, 2024 City of Lakeville Planning Commission, I am writing to ask about the details regarding the Superior Sand and Gravel mining expansion proposal at the Lake Marian gravel pit. I have been a Lake Marian neighborhood resident since 1994, and a homeowner on Lake Marian since 2012. I do have concerns regarding ramifications of further mining. The gravel pit is in the center of Lakeville, so close to the lake, and surrounding greenspace, along with the surrounding population, including neighborhoods, and schools. Obviously, this has been going on since the 1980’s, however the air quality and population growth have both changed significantly since then. In the 1990’s when you drove across the river, the cityscape had a bright blue backdrop. Now the blue backdrop of the skyline is instead hazy and gray. The population of Lakeville in 1980, when the mining first started, was under 15,000. Now the population exceeds 70,000. These are some questions. ● What is the environmental impact of removing the gas line and the gas berm itself? ● What are the possible complications? ● Which part of the mining/filling process releases the most particles? ● What percent of the mining/filling does this include? ● What are the radon levels in these pits? Is the release a concern? ● Climate change with hotter, drier, sometimes windeyer conditions, are there any provisions being made? I understand that the DNR has regulations regarding the lake. I wonder about the EPA and the regulations regarding mining within city limits and surrounding populations? Unfortunately I am out of town for this meeting. I trust these questions and others will be answered at the City Council meeting. Once the information is gathered the Council can decide “do we really want a gravel pit in the center of Lakeville?” Sincerely, Linda Burman 952-270-6987 19767 Jersey Ave EXHIBIT H Page 222 of 226 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUPERIOR SAND & GRAVEL INTERIM USE PERMIT FINDINGS OF FACT AND RECOMMENDATION The Lakeville Planning Commission met at its regularly scheduled meeting on April 25, 2024 to consider the application of Superior Sand & Gravel for an interim use permit to allow mining, excavation and rehabilitation operations on property located at 19250 Kenrick Avenue. The Planning Commission conducted a public hearing on the application 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 subject property is guided for both Medium/High Density Residential and Low-Density Residential land use by the 2040 Comprehensive Plan. 2. The subject site is zoned RM-2, Medium Density Residential District and RS-3, Single Family Residential District, and is included in the RAO, Rural Overlay District and the Shoreland Overlay District. 3. The legal description of the property is as follows: That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east – west quarter line of said Section 24 and southerly and westerly of the shore line of Lake Marion. Subject to a street or road easement for 195th Street West. Except the following described property: That part of Government Lot 7 of Section 24, Township 114, Range 21, Dakota County, Minnesota lying Easterly of the Easterly right of way line of Trunk Highway Number 35 (as now located and established) including the accretions and relictions and all other riparian rights thereto; which lies Westerly of a line run parallel with and distant 135 feet Easterly of line 1 described below: Line 1: Beginning at a point on the West and East quarter line of Section 13, Township 114, Range 21, distant 1421 feet East of the West quarter corner thereof; thence run Southerly at an angle of 92 degrees 6 minutes 00 seconds from said East and West quarter line (measured from East to South) for 3707.3 feet and there terminating. Page 223 of 226 2 4. Chapter 11-5-3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: Mining and excavation activity on the subject property predated most residential and commercial uses in the area. The 2040 Comprehensive Land Use Plan states that gravel resources be accessed in a manner that protects Lakeville’s environment, is compatible with adjoining land uses, and is consistent with the City’s long-range planning. The proposed grading, filling, processing, and rehabilitation operations are consistent with the 2040 Lakeville Comprehensive Plan, which establishes objectives and criteria for these types of activities in areas located within MUSA Expansion Area B. The operational activities associated with site rehabilitation on the property are considered compatible with the nearby residential uses and the natural environment. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed use will be compatible with nearby existing land uses given compliance with the stipulations listed in the April 19, 2024 planning report. The proposed grading, filling and rehabilitation plans have been developed to incorporate future low density residential and medium/high density residential land uses consistent with the 2040 Comprehensive Land Use Plan. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed development will comply with requirements of the Zoning Ordinance and City Code in accordance with the stipulations outlined in the April 19, 2024 planning report. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject site is located in MUSA Expansion Area B of the 2040 Comprehensive Land Use Plan and is not served by City sanitary sewer and water services. Page 224 of 226 3 e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: Traffic generated by the proposed use can be accommodated by Kenrick Avenue, a minor arterial street as designated in the 2040 Transportation Plan. 5. The report dated April 19, 2024 prepared by Frank Dempsey, Associate Planner is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit based upon the foregoing information, findings, and the considerations outlined in the Planning Report dated April 19, 2024 prepared by Frank Dempsey, Associate Planner. DATED: April 25, 2024 LAKEVILLE PLANNING COMMISSION BY: __________________________ Jenna Majorowicz, Chair Page 225 of 226 From:Thomas Moran To:Dempsey, Frank Subject:Interim permit, Superior Sand & Gravel Date:Tuesday, April 23, 2024 6:21:45 PM Hi Mr Dempsey, My name is Thomas Moran and my residence is 18795 Kanabec Trail, Lakeville. I received a notice that there is a public hearing for an interim permit for Superior Sand & Gravel. I have one comment and request. I am noticing that the truck traffic on Kendrick Ave has increased and the noise levels right along with the increase. I realize interstate 35 is a major contributor to the traffic noise but understand there is limited solutions to that noise issue and accepted that noise when I purchased my home. I would like the City of Lakeville to consider posting signs on Kendrick Ave that prohibit the use of engine brakes. The gravel trucks going in and out of Superior Sand $ gravel all day long are using their engine brakes and they are very noisy and in my opinion unnecessary. I understand why they use them (reduces wear on their regular brakes) but in my observation they are using the engine brakes even when they are empty. I have seen multiple cities thru-out the country that prohibits the use of engine brakes in stretches in their communities. I don’t think this is a huge ask for the city, it seems a common sense solution for truck noise reduction . It seems Superior Sand & Gravel could be a better neighbor and maybe they could also ask their drivers to not use their engine brakes. Thank You in advance, Thomas Moran 612-986-5051 Page 226 of 226