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05-20-2024 Agenda Packet
AGENDA CITY COUNCIL MEETING May 20, 2024 - 6:00 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting, Meeting ID: 270 967 142 637 or by calling Toll Number 1-323-433-2142; Conference ID: 244 190 036#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions 6. Consent Agenda a. Check Register Summary b. Minutes of the 05/06/2024 City Council Meeting c. Agreement with Musco Sports Lighting, LLC. for Grand Prairie Park (formerly Avonlea Community Park) Site Lighting Materials: CIP #24-20 d. Agreement with ECSI for new CCTV system e. Agreement with RES PYRO for July 4th Fireworks Display f. Resolution Authorizing Issuance and Sale of General Obligation Bonds, Series 2024A g. Minutes of the 04/22/2024 Work Session h. Supplemental Agreement for Professional Services with WSB for 2024 Miscellaneous Drainage Improvements in Spyglass and Legacy Park i. Grant Agreements with Dakota County for Aquatic Invasive Species Program Funding Assistance j. Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for City Projects 24-02 and 24-20 k. Cedar Creek Villas 2nd Addition Final Plat Page 1 of 271 City Council Meeting Agenda May 20, 2024 Page 2 l. Preserve of Lakeville Third Addition Final Plat m. Ritter Meadows final plat n. Resolution Approving Charitable Gambling For Lakeville Lions 7. Action Items a. Superior Sand and Gravel Interim Use Permit b. Holman Interim Use Permit 8. Unfinished Business 9. New Business 10. Announcements a. Next Scheduled Work Session, Tuesday, May 28, 2024 b. Next Scheduled City Council Meeting, June 3, 2024 11. Adjourn Page 2 of 271 Date: 5/20/2024 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 03/28/2024 – 05/08/2024 is as follows: Checks 322426-322576 $803,777.37 ACH 16620-16764 $1,090,852.71 Electronic Funds Transfer (EFT) 20240227- 20240265 $1,751,994.81 Total $3,646,624.89 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 5.7.24CKSUM 2. Check Register 5.7.24 for May 20,2024 Council Mtg Financial Impact: $3,646,624.89 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 271 5/8/2024City of Lakeville 12:49:41R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 5/8/20243/28/2024 - Company Amount 440,479.9401000GENERAL FUND 5,228.8502000COMMUNICATIONS FUND 142.50031162014 B REFUNDING BONDS 615.60033152011 "A" IMPROVE BONDS 2,046.30033182014 "A" IMPROVEMENT BONDS 1,618.80033192015 A IMPROVEMENT BONDS 3,095.10033202016 B IMPR BONDS INCL 2015 P2 2,855.70033212017 A IMPROVEMENT BONDS 2,342.70033222018 A IMP BONDS 2,177.40033232019 A IMP BONDS 1,949.40033242020 A IMP BONDS 2,525.10033252022 "" IMPR BONDS 3,431.40033262022 "A" IMP BONDS 5.70035392021 C STREET RECONSTR BONDS 239,246.0804000BUILDING FUND 20,845.2304100EQUIPMENT FUND 4,143.7504125TECHNOLOGY FUND 30,951.81047002022 C PARK BONDS 247,318.5605200STATE AID CONSTRUCTION FUND 10,269.7805300PAVEMENT MANAGEMENT FUND 11.4005400STORM WATER INFRASTRUCTURE FND 28,316.1705500WATER TRUNK FUND 51.3005600SANITARY SEWER TRUNK FUND 17.1006000WORK IN PROGRESS 2,249.500658421-21 GLACIER WAY (CORDELIA) 300.000658622-03 210TH ST LKVL BLVD RECON 31,942.150658922-24 AIRLAKE 70 IMPROVEMENT 975.000659524-02 STREET RECONSTRUCTION 21,215.000659624-03 COLLECTOR RD REHAB 7,000.8307450ENVIRONMENTAL RESOURCES FUND 17,194.6907550UTILITY FISCAL ADMINISTRATION 65,763.0307575STREET LIGHTING FUND 193,035.9807600WATER FUND 21,384.1307700SEWER FUND 656,661.1807800LIQUOR FUND 1,538.1507900MUNICIPAL RESERVES FUND 7,690.0008000ESCROW FUND - DEVELOPERS/BUILD 748.6708910ESCROW - DCA/SECTION 125 376,536.2308950DAKOTA 911 - OPERATING FUND 77,295.8408970LAKEVILLE ARENAS - OPERATIONS 1,115,408.8409800PAYROLL CLEARING FUND Page 4 of 271 5/8/2024City of Lakeville 12:49:41R55CKS2LOGIS100 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 5/8/20243/28/2024 - Company Amount Report Totals 3,646,624.89 Page 5 of 271 MINUTES CITY COUNCIL MEETING May 6, 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 Lee, Volk, Wolter Absent: Bermel Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; John Hennen, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director; Frank Dempsey, Associate Planner 3.Citizen Comments Kami Sanders, a resident of Lakeville, addressed the Mayor and City Council about an event that occurred on social media. Mayor Hellier responded to Ms. Sanders. Tami Field, 18132 Ironstone Way, addressed the Mayor and City Council about her disappointment in their response to this event. Mayor Hellier responded to Ms. Field. 4.Additional agenda information None 5.Presentations/Introductions a.Police Department Quarterly Report Police Chief Paulson provided the quarterly update. 6.Consent Agenda Motion was made by Wolter, seconded by Volk, to approve the following: Voice vote was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter a.Check Register Summary Page 6 of 271 City Council Meeting Minutes May 6, 2024 Page 2 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 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 LBC on the Lake, located at 20135 Ipava Avenue, will open a concession stand in Antlers Park. The business will operate as a counter-service concession stand, serving food and N/A drinks throughout the park. Food, beer, and wine will be permitted in the fenced area adjacent to and to the West of the building. Mayor Hellier opened the public hearing at 6:22 p.m. There were no comments from the public. Motion was made by Volk, seconded by Wolter, to close the public hearing at 6:23 p.m. Voice vote was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter Motion was made by Lee, seconded by Volk, to grant an On-Sale Intoxicating license for LBC on the Lake. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter b.Public Hearing on the application for Final Final Final Lounge & Event Center for a Consumption and Display Permit 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. Page 7 of 271 City Council Meeting Minutes May 6, 2024 Page 3 Mayor Hellier opened the public hearing at 6:24 p.m. There were no comments from the public. Motion was made by Lee, seconded by Volk, to close the public hearing at 6:25 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Lee, seconded by Volk,to grant a Consumption and Display Permit to Final, Final, Final Event and Display Center. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter c.Ordinance Amending Titles 10 and 11 of the City Code and Summary Ordinance for Publication Community Development Director Goodroad presented the staff report on the Zoning Ordinance Amendments. 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 unanimously recommended approval of the ordinance amendment. The council asked questions related to the hours and noise surrounding the operation of car washes. The Council had concerns about the change in the requirement for the overall buffer height and would like it to be evaluated by staff. Motion was made by Lee, seconded by Wolter, to approve an ordinance amending Titles 10 and 11 of the City Code and a summary ordinance for publication with the exception of Section 13A. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter d.Superior Sand and Gravel Interim Use Permit Dan Swift, with Superior Sand and Gravel, requested 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 proposed 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. Associate Planner Frank Dempsey presented the staff report. 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 were comments provided by three individuals, one in Page 8 of 271 City Council Meeting Minutes May 6, 2024 Page 4 person and two via email. The Planning Commission recommended unanimous approval of the interim use permit subject to 19 stipulations. Doug Anderson, 198127 Jersey Ave, addressed the City Council and was grateful that the application includes the restriction that material will not be imported to the site for processing. However, Mr. Anderson added that he has concerns about the timing of the IUP. He requested the Council to consider approving an extension of the permit for two years as presented with the stipulations clarified by Mr. Dempsey's report and add a stipulation that there would be no further extensions after two years. Council asked questions related to the manning operation, and the grading permit, and the timeline. The also discussed changing the end date to 2026. Motion was made by Volk , seconded by Wolter , to table it to the next council meeting May 20. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter 8.Unfinished Business None. 9.New Business None. 10.Announcements a.Next Regular City Council Meeting May 20, 2024 b.Next Work Session Meeting Tuesday, May 28, 2024 11.Adjourn Motion was made by Wolter, seconded by Volk, to adjourn the meeting at 7:30 p.m. Voice vote was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 9 of 271 Date: 5/20/2024 Agreement with Musco Sports Lighting, LLC. for Grand Prairie Park (formerly Avonlea Community Park) Site Lighting Materials: CIP #24-20 Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with Musco Sports Lighting, LLC., to purchase site lighting materials at Grand Prairie Park. Overview The construction of Grand Prairie 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, playground, challenge course, restroom building/shelters and baseball complex. The project also includes site lighting. Staff has obtained the attached quote to provide lighting materials in the entire complex which includes parking lots, walkways, pickleball courts, five athletic decks and baseball field from Musco Sports Lighting, LLC. at a cost of $1,510,157.00 through Sourcewell which is a cooperative purchasing agency. All the major lighting systems in Lakeville parks have the Musco system. Components of the lighting system include LED light fixtures, occupancy sensors for motion detection on the parking lot lighting, monitoring system to provide remote on/off and dimming control and performance monitoring with 24-7 customer support along with significant operation and warranty services. Supporting Information 1. Agreement with Musco Sports Lighting, LLC. 2. Musco Sports Ligthing, LLC. Quote Dated May 2024 Financial Impact: $1,510,157.00 Budgeted: Yes Source: Park Bond Referendum/Park Dedication Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: John Hennen, Parks and Recreation Director Page 10 of 271 1 NON-BID CONTRACT FOR PURCHASE OF GOODS (AVONLEA COMMUNITY PARK LIGHTING MATERIALS) (COOPERATIVE PURCHASING AGREEMENT) THIS AGREEMENT (“Contract”) made this 20th day of May, 2024, by and between CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and MUSCO SPORTS LIGHTING, LLC., (“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. Sourcewell Solicitation Number: RFP# 041123-MSL (a cooperative purchasing entity pursuant to Minn. Stat. Sec. 471.345, subd. 15); C. Vendor’s Proposal dated May 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 $1,510,157.00 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. A contractor under a separate agreement will take the steps to unload the goods on site from the Vendor. Page 11 of 271 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 12 of 271 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 13 of 271 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 MUSCO SPORTS LIGHTING, LLC. By: Print Name:_________________________________ Its:________________________________________ Page 14 of 271 2016, 2023 Musco Sports Lighting, LLC - 1 - M-2038-enUS-13 Quote Quote Date: May 2024 Project: Lakeville Avonlea Park Lakeville, MN Musco Project Number: 194888 Sourcewell Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following: Sourcewell purchase – contract number: 041123-MSL Quotation Price – Materials Only Delivered to Job Site Pickleball Courts………………...…..………………………………………….…………….............. $86,403 Soccer Fields 1+2................................................................................................................ $410,936 Cricket Field/Soccer Fields 3+4..................................................................................... $508,963 Soccer Field 5....................................................................................................................... $145,090 Baseball Field....................................................................................................................... $228,652 Parking Lots and Walkways............................................................................................ $130,116 Project Total ..................................................................................................................... $1,510,157 Unloading, sales tax and bonding are not included. Quote is confidential. Pricing and lead times are effective for 30 days only. Prices are subject to change if the order is not released within 60 days from the date of the purchase. Light-Structure System™ with Total Light Control – TLC for LED™ technology Guaranteed Lighting Performance • 50 footcandles and 2:1 uniformity on the 10 pickleball courts • 50 footcandles and 2:1 uniformity on the 2 soccer fields • 50 footcandles and 2.5:1 uniformity on the cricket/2 soccer fields • 50 footcandles on the infield and 30 footcandles on the outfield with uniformity of 2:1 infield/2.5:1 outfield on the baseball field (time delay included for infield poles to allow for extended time on the parking lot lighting) System Description • Factory aimed and assembled LED luminaries • Factory aimed and assembled CREE luminaries • Galvanized steel poles • Pre-cast concrete bases with integrated lightning grounding • Pole length factory assembled wire harnesses • Factory wired and tested remote electrical component enclosures • Auxiliary mounting brackets with crossarm attachment • UL listed assemblies • Occupancy sensors for motion detection on the trail and parking lot lighting Control Systems and Services • Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support Operation and Warranty Services • Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years • Support from Musco’s Lighting Services Team – over 170 Team members dedicated to operating and maintaining your lighting system – plus a network of 1800+ contractors • 10-year materials and onsite labor warranty (for CREE fixtures) Page 15 of 271 2016, 2023 Musco Sports Lighting, LLC - 2 - M-2038-enUS-13 Quote Quote Musco Scope • Provide design and layout for lighting system Responsibilities of Buyer • Confirm pole or luminaire locations, supply voltage and phase required for lighting system prior to production Payment Terms Musco’s Credit Department will provide payment terms. Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC: Musco Sports Lighting, LLC Contract Specialist Fax: 800-374-6402 Email: musco.contracts@musco.com All purchase orders should note the following: Sourcewell purchase – contract number: 041123-MSL Terms for the City of Lakeview will be n30 on a signed PO. Delivery Timing 8 - 12 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole/luminaire locations. Notes Quote is based on following conditions: • Shipment of entire project together to one location. • Voltage and phase system requirements to be confirmed. • Structural code and wind speed = IBC 2018, 110 mi/h, Exposure C, Importance Factor 1. • Due to the built-in custom light control per luminaire, pole or luminaire locations need to be confirmed prior to production. Changes to pole or luminaire locations after the product is sent to production could result in additional charges. • Standard soil conditions – rock, bottomless, wet, or unsuitable soil may require additional engineering, special installation methods and additional cost. Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Scott Peitz Senior Sales Representative Musco Sports Lighting, LLC Phone: 612-368-9286 E-mail: scott.peitz@musco.com Page 16 of 271 Date: 5/20/2024 Agreement with ECSI for new CCTV system Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with ECSI for installation of new CCTV cameras. Overview Following our standard budgeting procedure, we evaluate hardware in replacement cycles to keep hardware functional and to avoid failures. The existing CCTV storage system in use at the Central Maintenance Facility has been in place since 2015. The cameras in use at the Central Maintenance Facility are original to the building. To continue with our plans to migrate our security system to an enterprise platform, a plan has been created to: • Centralize storage of video data • Evaluate and adjust cameras to insure adequate coverage • Replace old, broken, and low quality cameras with up-to-date devices The included quote meets these objectives. The new cameras will fully integrate with our existing camera system. Staff have worked with ECSI, the city's security vendor, to complete a site walk and have created a plan that covers entrances and exits from the building as well as identifying gaps, like the recently relocated vehicle gate. Where possible, we have utilized multi- lens camera systems to reduce budget on licensing and installations. Staff recommends approval of the base proposal as attached, totaling $89.996.00 Supporting Information 1. City of Lakeville Maintenance CCTV Proposal Financial Impact: $89,996.00 Budgeted: Yes Source: General Fund Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Trevor Stewart, IT Manager Page 17 of 271 Quote: 202844 / Date: 5/13/2024 Customer ECSI 7900 Chicago Avenue S Bloomington, MN 55420, United States Prepared By: Matt Heise 612-209-6362 mheise@ecsillc.com City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Trevor Stewart 952-985-2641 tastewart@lakevillemn.gov Project: Lakeville CCTV ADDs (Public Works) Scope of Work ECSI will be installing all equipment per the bill of materials listed above. A fiber run is included for the car bay area cameras and will be installed by ECSI. Alternate (1): Alternate 1 is inclusive of adding (1) 360 camera out at the fuel pump area to cover the fuel pump area and the gate. Alterate (1) Price: $15,860.00 CCTV Head End Quantity Wall Mount Cabinet 1 ea FIBER CONNECTOR, LC, MULTI-MODE 14 ea 1-RU, 3-Port Rack Mount Fiber Enclosure 2 ea PATCH PANEL FLAT, MODULAR, 24 PORT 1 ea CAT6 KEYSTONE JACK BLACK 36 ea Genetec Linceses 18 ea 1D-Camera, Panduit 18 ea GENETEC ADVANTAGE (3-YEAR SMA) FOR 1 OMNICAST CAMERA - PROFESSIONAL LEVEL 18 ea CCTV Cameras Interior Quantity Page 18 of 271 Quote: 202844 / Date: 5/13/2024 Quantity QND-7082R - Interior Dome 4 ea PNM-C7083RVD - Dual Head Camera 1 ea CCTV Parking Garage Quantity PNM-12082RVD - Dual Head Camera 6 ea SBP-215HMW - Camera Mount 6 ea SBP-302CMAW - Camera Mount 6 ea CCTV External Quantity PNM-9031 RV - Exterior 180 Camera 3 ea SBP-300WMW1 - Camera Mount 1 ea SBP-276HMW - Camera Mount 5 ea SBP-390WMW2 - Camera Mount 5 ea SBP-300KMW1 - Camera Mount 4 ea PNM-C16083RVQ 4 ea SBV-253WCW 3 ea Telescopic pendant mount accessory with 90 degrees swivel joint 6 ea Cabling Quantity Cat 6 5,000 ft Fiber Optic Cable, 6 Strand, 50uM MM, Armored 1,000 ft Page 19 of 271 Quote: 202844 / Date: 5/13/2024 Included (+) 1.Cabling and programming 2.All cabling to new camera locations will be pulled in and terminated by ECSI. 3.Work to be completed during normal business hours 4.All programming for Genetec to be provided by ECSI. Excluded (-) 1.lift to be provided by COL 2.Switch Gear to be provided by COL 3.Storage for cameras not included. It is assumed to be going on the virtual machine. 4.No cabinet is included for the fuel pad camera. It is assumed there is fiber out there as was stated on the walk through. 5.AC Power Notes Proposal is valid for a period of 10 days Summary Subtotal $89,990.97 $89,996.00 Accepted By Date Page 20 of 271 Date: 5/20/2024 Agreement with RES PYRO for July 4th Fireworks Display Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with RES PYRO for July 4th Fireworks Display. Overview This year’s celebration will begin with pre-fireworks festivities at Century Middle School and the July 4th firework display will be launched from King Park. The pre-fireworks festivities include food trucks, live band, inflatables, and more. Funding for the $35,000 display will be provided through Lakeville Liquors and donations from College City Beverage, Inc. and the Lakeville Lions. In 2020, the city took on the responsibility of executing the agreement for the fireworks display. The 2022 RFP that was sent to vendors included an opportunity to renew the agreement for five years (through 2027) pending approval of appropriate funding and an excellent rating of each show. RES PYRO has a long history of great shows here in Lakeville, including 2023. The attached agreement has been reviewed by the City Attorney and staff is recommending approval of the agreement by the Mayor and City Council. Supporting Information 1. Agreement with RES PYRO Financial Impact: $35,000 Budgeted: Yes Source: Liquor Fund and Donations Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Susan Johnson, Recreation Manager Page 21 of 271 21595 286TH STREET I BELLE PLAINE, MN I P: 952-873-3113 I INFO@RESPYRO.COM I WWW.RESPYRO.COM DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 20th day of May, 2024 between RES Pyro, hereafter referred to as the SELLER and City of Lakeville, hereafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Date(s) Time Duration Location Event Sponsor Outdoor Fireworks Display Thursday, July 4, 2024 (Friday, July 5, 2024 rain date) Dusk (approximately) 20 minutes (depending on intensity) King Park, Lakeville, MN City of Lakeville OBLIGATIONS OF SELLER: SELLER shall provide all materials, equipment, and personnel necessary to perform the above- mentioned display. SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2018 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2016 edition. SELLER shall provide a certificate of liability insurance in the amount of $5,000,000.00 to cover the fireworks display and cleanup. BUYER shall be listed as Certificate Holder on the Certificate of Liability insurance. All individuals/entities listed on the certificate of liability insurance will be deemed an additional insured per this contract. SELLER will assist with cleanup of debris in the display site area. SELLER shall include the BUYER, as co-insured on Certificate of Insurance. SELLER shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations. SELLER shall carry the following insurance coverage: A. Workers’ compensation and employer’s liability insurance in amounts sufficient pursuant to the laws of the State of Minnesota. B. Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, and property damage. The BUYER shall be named as additional insured on all such insurance policies, with the exception of workers’ compensation coverage. The contractor shall provide a certificate of liability insurance, and a copy of additional insured endorsement by June 21, 2024, evidencing such coverage and, at BUYER’S request, furnish BUYER with copies of insurance policies and with evidence of payment of premium or fees of such policies. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs for security, safety, and cleanup at the display site. Page 22 of 271 TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. However, if before the date of the scheduled performance, the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time. In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the SELLER for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually agreeable date. PAYMENT: Contracted amount: $35,000.00 inclusive of sales tax, if applicable. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Pyro in the form of a company check, certified bank check, money order, or cash. CANCELLATION: The Parties agree that should inclement weather prevent the fireworks display from occurring on July 4, 2023, the Contractor shall be entitled to a fee charge of Four Thousand and no/100ths Dollars ($4,000.00). In the event of a cancellation for inclement weather, the fireworks display will be rescheduled to July 5, 2024 or another mutually agreed upon date. In the event the BUYER cancels this agreement any time during the contract period for a reason other than inclement weather, the SELLER shall be entitled to and receive 30% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post-production costs incurred. MISCELLANEOUS TERMS: It is agreed that nothing herein contained is intended, or should be construed in any manner, as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the SELLER staff as the agents, representatives or employees of the BUYER for any purpose in any manner whatsoever. The SELLER and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The SELLER represents that it has, or will secure at its own expense, any and all personnel required in performing services under this Agreement. Personnel, while engaged in the performance of any work or services required by the SELLER under this Agreement, shall not be considered employees of the BUYER, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota, on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the SELLER, its officers, agents, contractors or employees shall in no way be the responsibility of the BUYER, and the SELLER shall defend, indemnify and hold the BUYER, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the BUYER, including, without limitation, tenure rights, medical Page 23 of 271 and hospital care, sick leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. SELLER shall defend, indemnify, and hold harmless the BUYER, its officers, employees and agents, from any and all claims causes of action, lawsuits, damages, losses or expenses, including attorney's fees, arising out of or resulting from the SELLER’S (including its officers, employees or agents) performance of the duties under this Agreement. Any amendments to this Agreement shall be in writing and executed by the parties in the same manner as this Agreement. THIS AGREEMENT shall be interpreted under the laws of the State of Minnesota. The parties mutually and severally guarantee the terms, conditions, and payments of the Agreement, which shall be binding upon the parties, heirs, executors, administrators, successors and assigns. THIS AGREEMENT shall not be assignable except at the written consent of the BUYER. THIS AGREEMENT represents the entire agreement between the BUYER and the SELLER and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, and amendments, addenda, alterations or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below. CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS. BUYER: SELLER: Tracy Vanasek - RES Pyro Title: Title: VP Services & Sales Signature: Signature: Date: Date: 2/19/2024 Luke M. Hellier Mayor, City of Lakeville Title: Signature: Date: Ann Orlofsky, City Clerk Page 24 of 271 Date: 5/20/2024 Resolution Authorizing Issuance and Sale of General Obligation Bonds, Series 2024A Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Authorizing the Issuance and Sale of General Obligation Bonds, Series 2024A. Overview Recommendations and financial impacts for 2024A bonds were discussed at the April 22, 2024 Council work session. A revised finance plan has been attached to this report which is based on updated estimated interest rates and lower project costs identified by staff. The estimated true interest cost (TIC) is the same 3.9% as shown in the April 22nd plan. Passage of this motion will result in the financing of the following projects: • #24-02 – 2024 Street Reconstruction Project • #24-03 – Collector Rehabilitation • Park Referendum Projects The debt will be repaid with property taxes. The 2024A bond issuance is estimated to be $21,530,000. It reflects the following: • The term of the bonds is 20 years: o Street reconstruction portion = 10 years o Park referendum portion = 20 years • The structure of the 2024A bonds is compliant with the City’s Debt Policy such that the total maturity length is equal to or less than 20 years and at least 50% of the principal will be retired within 10 years. • Call Provision - Bonds maturing on or after 2/1/2033 may be prepaid at a price of par plus accrued interest on or after 2/1/2032. Supporting Information 1. Resolution Set Sale 2024A (prepared by Dorsey & Whitney, LLP) 2. 2024A Finance Plan_2024.05.20 Page 25 of 271 Financial Impact: $21,530,000 Budgeted: Yes Source: Taxes Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 26 of 271 4863-0899-9608\3 CITY OF LAKEVILLE RESOLUTION Date: May 20, 2024 Resolution No. _______________________ RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, SERIES 2023A BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota (the “City”), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Bonds, Series 2023A, in the principal amount of approximately $21,530,000 (the “Bonds”), pursuant to Minnesota Statutes, Section 475.58, Subdivision 3(b) and Chapter 475, pursuant to which a voter referendum was held on November 2, 2021, with respect to the Park Improvements portion of the Project described hereinafter, to finance: (a) the City’s 2024 street reconstruction projects (the “Street Projects”); (b) finance various park improvements (the “Park Improvements,” and together with the Street Projects, the “Project”); and (c) pay costs associated with the issuance of the Bonds. SECTION 2. TERMS OF PROPOSAL. Northland Securities, Inc., municipal advisor to the City, has presented to this Council a form of Terms of Proposal for the Bonds which is attached hereto and hereby approved and shall be placed on file by the Administrator. Each and all of the provisions of the Terms of Proposal attached hereto are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Northland Securities, Inc. is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notice. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Terms of Proposal for the purpose of considering sealed bids for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Adopted this 20th day of May, 2024. CITY OF LAKEVILLE By: Luke M. Hellier, Mayor ATTEST: Ann Orlofsky, City Clerk VOTE Hellier Bermel Lee Volk Wolter Aye ☐☐☐☐☐ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ Page 27 of 271 4863-0899-9608\3 Page 28 of 271 TERMS OF PROPOSAL $21,530,000* GENERAL OBLIGATION BONDS, SERIES 2024A CITY OF LAKEVILLE, MINNESOTA (Book-Entry Only) NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following terms: TIME AND PLACE: Proposals (also referred to herein as “bids”) will be opened by the City’s Finance Director, or designee, on Monday, June 17, 2024, at 10:00 A.M., CT, at the offices of Northland Securities, Inc. (the City’s “Municipal Advisor”), 150 South 5th Street, Suite 3300, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at the City Offices beginning Monday, June 17, 2024 at 6:00 P.M., CT. SUBMISSION OF PROPOSALS Proposals may be: a) submitted to the office of Northland Securities, Inc., b) faxed to Northland Securities, Inc. at 612-851-5918, c) emailed to PublicSale@northlandsecurities.com d) for proposals submitted prior to the sale, the final price and coupon rates may be submitted to Northland Securities, Inc. by telephone at 612-851-5900 or 612-851-4945, or e) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITY™, or its successor, in the manner described below, until 10:00 A.M., CT, on Monday, June 17, 2024. Proposals may be submitted electronically via PARITY™ or its successor, pursuant to this Notice until 10:00 A.M., CT, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITY™, or its successor, conflict with this Notice, the terms of this Notice shall control. For further information about PARITY™, or its successor, potential bidders may contact Northland Securities, Inc. or i-Deal at 1359 Broadway, 2nd floor, New York, NY 10018, telephone 212- 849-5021. Neither the City nor Northland Securities, Inc. assumes any liability if there is a malfunction of PARITY™ or its successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. BOOK-ENTRY SYSTEM The Bonds will be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the *The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Page 29 of 271 name of Cede & Co. as nominee of Depository Trust Company (“DTC”), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the City through U.S. Bank Trust Company, National Association, St. Paul, Minnesota (the “Paying Agent/Registrar”), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to deposit the bond certificates with DTC. The City will pay reasonable and customary charges for the services of the Paying Agent/Registrar. DATE OF ORIGINAL ISSUE OF BONDS Date of Delivery (Estimated to be July 17, 2024) AUTHORITY/PURPOSE/SECURITY The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475, Section 475.58, Subdivision 3b and a voter referendum held of November 2, 2021, which passed by a vote of 7,346 (yes) to 4,681 (no). Proceeds will be used to finance the City’s 2024 street reconstruction and collector rehabilitation projects and various park improvements and to pay costs associated with issuance of the Bonds. The Bonds are payable from ad valorem taxes on all taxable property within the City. The full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the Bond Fund established for this issue. INTEREST PAYMENTS Interest is due semiannually on each February 1 and August 1, commencing February 1, 2025, to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding such interest payment date. MATURITIES Principal is due annually on February 1, inclusive, in each of the years and amounts as follows: Year Amount Year Amount Year Amount 2026 $1,095,000 2033 $1,365,000 2040 $860,000 2027 1,130,000 2034 1,405,000 2041 895,000 2028 1,170,000 2035 1,455,000 2042 930,000 2029 1,205,000 2036 740,000 2043 970,000 2030 1,245,000 2037 765,000 2044 1,010,000 2031 1,285,000 2038 795,000 2045 1,055,000 2032 1,325,000 2039 830,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. Page 30 of 271 INTEREST RATES All rates must be in integral multiples of 1/20th or 1/8th of 1%. The rate for any maturity may not be more than 2.00% less than the rate for any preceding maturity. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity. ESTABLISHMENT OF ISSUE PRICE (HOLD-THE-OFFERING-PRICE RULE MAY APPLY – BIDS NOT CANCELLABLE) In order to establish the issue price of the Bonds for federal income tax purposes, the Issuer requires bidders to agree to the following, and by submitting a bid, each bidder agrees to the following. If a bid is submitted by a potential underwriter, the bidder confirms that (i) the underwriters have offered or reasonably expect to offer the Bonds to the public on or before the date of the award at the offering price (the “initial offering price”) for each maturity as set forth in the bid and (ii) the bidder, if it is the winning bidder, shall require any agreement among underwriters, selling group agreement, retail distribution agreement or other agreement relating to the initial sale of the Bonds to the public to which it is a party to include provisions requiring compliance by all parties to such agreements with the provisions contained herein. For purposes hereof, Bonds with a separate CUSIP number constitute a separate “maturity,” and the public does not include underwriters of the Bonds (including members of a selling group or retail distribution group) or persons related to underwriters of the Bonds. If, however, a bid is submitted for the bidder’s own account in a capacity other than as an underwriter of the Bonds, and the bidder has no current intention to sell, reoffer, or otherwise dispose of the Bonds, the bidder shall notify the Issuer to that effect at the time it submits its bid and shall provide a certificate to that effect in place of the certificate otherwise required below. If the winning bidder intends to act as an underwriter, the Issuer shall advise the winning bidder at or prior to the time of award whether (i) the competitive sale rule or (ii) the “hold-the-offering price” rule applies, as described in the following paragraph. If the Issuer advises the winning bidder that the requirements for a competitive sale have not been satisfied and that the hold-the-offering price rule applies, the winning bidder shall (1) upon the request of the Issuer confirm that the underwriters did not offer or sell any maturity of the Bonds to any person at a price higher than the initial offering price of that maturity during the period starting on the award date and ending on the earlier of (a) the close of the fifth business day after the sale date or (b) the date on which the underwriters have sold at least 10% of that maturity to the public at or below the initial offering price; and (2) at or prior to closing, deliver to the Issuer a certification substantially in the form attached hereto as Exhibit A, together with a copy of the pricing wire. If the Issuer advises the winning bidder that the requirements for a competitive sale have been satisfied and that the competitive sale rule applies, the winning bidder will be required to deliver to the Issuer at or prior to closing a certification, substantially in the form attached hereto as Exhibit B, as to the reasonably expected initial offering price as of the award date. Any action to be taken or documentation to be received by the Issuer pursuant hereto may be taken or received on behalf of the Issuer by the Municipal Advisor. Page 31 of 271 Bidders should prepare their bids on the assumption that the Bonds will be subject to the “hold- the-offering-price” rule. Any bid submitted pursuant to the Notice of Sale shall be considered a firm offer for the purchase of the Bonds, and bids submitted will not be subject to cancellation or withdrawal. Page 32 of 271 ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the City and shall be at the sole discretion of the City. The successful bidder may not withdraw or modify its Proposal once submitted to the City for any reason, including post-sale adjustment. Any adjustment shall be conclusive and shall be binding upon the successful bidder. OPTIONAL REDEMPTION Bonds maturing on February 1, 2033 through 2045 are subject to redemption and prepayment at the option of the City on February 1, 2032 and any date thereafter, at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder. DELIVERY Delivery of the Bonds will be within thirty days after award, subject to an approving legal opinion by Dorsey and Whitney, LLP, Bond Counsel. The legal opinion will be paid by the City and delivery will be anywhere in the continental United States without cost to the successful bidder at DTC. TYPE OF PROPOSAL Proposals of not less than $21,303,935 (98.95%) and accrued interest on the principal sum of $21,530,000 must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to: Julie Stahl, Finance Director City of Lakeville 20195 Holyoke Ave Lakeville, Minnesota 55044 Page 33 of 271 A good faith deposit (the “Deposit”) in the amount of $430,600 in the form of a federal wire transfer (payable to the order of the City) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Municipal Advisor promptly after the sale. If the Deposit is not received from the apparent winning bidder in the time allotted, the City may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer. The City will retain the Deposit of the successful bidder, the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the City. No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City’s computation of the interest rate of each Proposal, in accordance with customary practice, will be controlling. In the event of a tie, the sale of the Bonds will be awarded by lot. The City will reserve the right to: (i) waive non-substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of the Bonds, (ii) reject all Proposals without cause, and (iii) reject any Proposal which the City determines to have failed to comply with the terms herein. INFORMATION FROM SUCCESSFUL BIDDER The successful bidder will be required to provide, in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. OFFICIAL STATEMENT By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulemaking Board (MSRB). FULL CONTINUING DISCLOSURE UNDERTAKING The City will covenant in the resolution awarding the sale of the Bonds to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15c2-12. NOT BANK QUALIFIED Page 34 of 271 The City will not designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. BOND INSURANCE AT UNDERWRITER’S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal by the successful bidder to accept delivery on the Bonds. The City reserves the right to reject any and all Proposals, to waive informalities and to adjourn the sale. Dated: May 20, 2024 BY ORDER OF THE CITY OF LAKEVILLE CITY COUNCIL /s/ Julie Stahl Finance Director Additional information may be obtained from: Northland Securities, Inc. 150 South 5th Street, Suite 3300 Minneapolis, Minnesota 55402 Telephone No.: 612-851-5900 Page 35 of 271 EXHIBIT A ISSUE PRICE CERTIFICATE – COMPETITIVE SALES WITH AT LEAST THREE BIDS FROM ESTABLISHED UNDERWRITERS $[PRINCIPAL AMOUNT] [BOND CAPTION] ISSUE PRICE CERTIFICATE The undersigned, on behalf of [NAME OF UNDERWRITER] (“[SHORT NAME OF UNDERWRITER]”), hereby certifies as set forth below with respect to the sale of the obligations named above (the “Bonds”). 1.Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by [SHORT NAME OF UNDERWRITER] are the prices listed in Schedule A (the “Expected Offering Prices”). The Expected Offering Prices are the prices for the Maturities of the Bonds used by [SHORT NAME OF UNDERWRITER] in formulating its bid to purchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by [SHORT NAME OF UNDERWRITER] to purchase the Bonds. (b) [SHORT NAME OF UNDERWRITER] was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by [SHORT NAME OF UNDERWRITER] constituted a firm offer to purchase the Bonds. 2.Defined Terms. For purposes of this Issue Price Certificate: (a)Issuer means [DESCRIBE ISSUER]. (b)Maturity means Bonds with the same credit and payment terms. Any Bonds with different maturity dates, or with the same maturity date but different stated interest rates, are treated as separate Maturities. (c)Member of the Distribution Group means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). (d)Public means any person (i.e., an individual, trust, estate, partnership, association, company, or corporation) other than a Member of the Distribution Group or a related party to a Member of the Distribution Group. A person is a “related party” to a Member of the Distribution Group if the Member of the Distribution Group and that person are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of Page 36 of 271 their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (e)Sale Date means the first day on which there is a binding contract in writing for the sale of the respective Maturity. The Sale Date of each Maturity was [DATE]. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents [SHORT NAME OF UNDERWRITER]’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer[ and BORROWER (the “Borrower”)] with respect to certain of the representations set forth in the [Tax Certificate][Tax Exemption Agreement] and with respect to compliance with the federal income tax rules affecting the Bonds, and by [BOND COUNSEL] in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038[-G][-GC][-TC], and other federal income tax advice that it may give to the Issuer[ and the Borrower] from time to time relating to the Bonds. [UNDERWRITER] By:_______________________________________ Name:_____________________________________ Dated: July 17, 2024 Page 37 of 271 ISSUE PRICE CERTIFICATE – COMPETITIVE SALES WITH FEWER THAN THREE BIDS FROM ESTABLISHED UNDERWRITERS $[PRINCIPAL AMOUNT] [BOND CAPTION] ISSUE PRICE CERTIFICATE The undersigned, on behalf of [NAME OF UNDERWRITER/REPRESENTATIVE] ([“[SHORT NAME OF UNDERWRITER]”)][the “Representative”)][, on behalf of itself and [NAMES OF OTHER UNDERWRITERS] (together, the “Underwriting Group”),] hereby certifies as set forth below with respect to the sale of the obligations named above (the “Bonds”). 1.Initial Offering Price of the Bonds. [SHORT NAME OF UNDERWRITER][The Underwriting Group] offered the Bonds to the Public for purchase at the specified initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire for the Bonds is attached to this certificate as Schedule B. 2. Hold the Offering Price Rule. [SHORT NAME OF UNDERWRITER][Each member of the Underwriting Group] has agreed in writing that, (i) for each Maturity, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “Hold-the-Offering-Price Rule”), and (ii) any agreement among underwriters, selling group agreement, or third-party distribution agreement contains the agreement of each underwriter, dealer, or broker-dealer who is a party to such agreement to comply with the Hold-the-Offering-Price Rule. Based on the [Representative][SHORT NAME OF UNDERWRITER]’s own knowledge and, in the case of sales by other Members of the Distribution Group, representations obtained from the other Members of the Distribution Group, no Member of the Distribution Group has offered or sold any such Maturity at a price that is higher than the respective Initial Offering Price during the respective Holding Period. 3.Defined Terms. For purposes of this Issue Price Certificate: (a)Holding Period means the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date ([DATE]), or (ii) the date on which Members of the Distribution Group have sold at least 10% of such Maturity to the Public at one or more prices, none of which is higher than the Initial Offering Price for such Maturity. (b)Issuer means [DESCRIBE ISSUER]. (c)Maturity means Bonds with the same credit and payment terms. Any Bonds with different maturity dates, or with the same maturity date but different stated interest rates, are treated as separate Maturities. (d)Member of the Distribution Group means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). Page 38 of 271 (e)Public means any person (i.e., an individual, trust, estate, partnership, association, company, or corporation) other than a Member of the Distribution Group or a related party to a Member of the Distribution Group. A person is a “related party” to a Member of the Distribution Group if the Member of the Distribution Group and that person are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (f)Sale Date means the first day on which there is a binding contract in writing for the sale of the respective Maturity. The Sale Date of each Maturity was [DATE]. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents [NAME OF UNDERWRITING FIRM][the Representative’s] interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer[ and BORROWER (the “Borrower”)] with respect to certain of the representations set forth in the [Tax Certificate][Tax Exemption Agreement] and with respect to compliance with the federal income tax rules affecting the Bonds, and by [BOND COUNSEL] in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038[-G][-GC][-TC], and other federal income tax advice that it may give to the Issuer[ and the Borrower] from time to time relating to the Bonds. [UNDERWRITER][REPRESENTATIVE] By:_______________________________________ Name:_____________________________________ Dated: July 17, 2024 Page 39 of 271 Finance Plan City of Lakeville, Minnesota $21,530,000 General Obligation Bonds, Series 2024A May 20, 2024 150 South 5th Street, Suite 3300 Minneapolis, MN 55402 612-851-5900 800-851-2920 www.northlandsecurities.com Member FINRA and SIPC | Registered with SEC and MSRB Page 40 of 271 Contents Executive Summary Issue Overview Purpose Authority Structure Security and Source of Repayment Plan Rationale Issuing Process Attachment 1 – Preliminary Debt Service Schedules Attachment 2 – Estimated Levy Schedules Attachment 3 – Related Considerations Not Bank Qualified Arbitrage Compliance Continuing Disclosure Premiums Rating Attachment 4 – Calendar of Events Attachment 5 - Risk Factors Page 41 of 271 Northland Securities, Inc. Page 2 Executive Summary The following is a summary of the recommended terms for the issuance of $21,530,000 General Obligation Bonds, Series 2024A (the “Bonds”). Additional information on the proposed finance plan and issuing process can be found after the Executive Summary, in the Issue Overview and Attachment 3 – Related Considerations. Purpose Proceeds from the Bonds will be used to finance the City’s 2024 street reconstruction projects and various park improvements, and to finance the costs associated with the issuance of the Bonds. Security The Bonds will be a general obligation of the City. The City will pledge ad valorem taxes for payment of the Bonds. Repayment Term The Bonds will mature annually each February 1 in the years 2026 through 2045. Interest on the Bonds will be payable on February 1, 2025, and semiannually thereafter on each February 1 and August 1. Estimated Interest Rate True interest cost (TIC): 3.90% Interest rates are estimated based on Non-BQ “Aaa” rates as of May 10, 2024, plus 0.25% for planning purposes. Prepayment Option Bonds maturing on and after February 1, 2033, will be subject to redemption on February 1, 2032, and any day thereafter at a price of par plus accrued interest. Rating A rating will be requested from Moody’s Investor Services (Moody’s). The City’s general obligation debt is currently rated "Aaa” by Moody’s. Tax Status The Bonds will be tax-exempt, non-bank qualified obligations. Risk Factors There are certain risks associated with all debt. Risk factors related to the Bonds are discussed in Attachment 5. Type of Bond Sale Public Sale – Competitive Bids Proposals Received Monday, June 17, 2024 @ 10:00 A.M. Council Consideration Monday, June 17, 2024 @ 6:00 P.M. Page 42 of 271 Northland Securities, Inc. Page 3 Issue Overview Purpose Proceeds from the Bonds will be used to finance the following projects (together, the “Projects”): • the 2024 street reconstruction and collector rehabilitation project (the “Street Reconstruction Portion”); and • various park projects as approved by voters on November 2, 2021 (the “Park Referendum Portion”). The proceeds will also be used to pay costs associated with issuing the Bonds. The Bonds have been sized based on cost estimates provided by City Staff as of May 6, 2024. The table below contains the estimated sources and uses of funds for the bond issue. Authority The Bonds will be issued pursuant to the authority of Minnesota Statutes, Chapter 475 and Section 475.58, Subdivision 3b. Street Reconstruction Portion Under Section 475.58, Subdivision 3b., street reconstruction bonds can be used to finance the reconstruction and bituminous overlay of existing city streets. Eligible improvements may include turn lanes and other improvements having a substantial public safety function, realignments, other modifications to intersect with state and county roads and the local share of state and county road projects. Eligible improvements do not include the portion of project cost allocable to widening a street or adding curbs and gutters where none previously existed. Before issuing street reconstruction bonds, the City must hold a public hearing on the street reconstruction project and the proposed bonds, and then must pass a resolution approving the Street Reconstruction Plan and issuance of street reconstruction bonds. The City held the required public hearing and approved the Street Reconstruction Plan on October 2, 2023. Park Referendum Portion The Park Referendum Portion will be issued pursuant to Chapter 475 and a park referendum held on November 2, 2021, and approved by voters by a margin of 7,346 “Yes” votes to 4,681 “No” votes, resulting in 61.08% approval. This issuance will use the remaining amount approved by voters. 2024 Street Reconstruction & Collector Rehab Proj. Park Referendum Issue Summary Sources Of Funds Par Amount of Bonds $6,455,000.00 $15,075,000.00 $21,530,000.00 Total Sources $6,455,000.00 $15,075,000.00 $21,530,000.00 Uses Of Funds Deposit to Project Construction Fund 6,237,000.00 14,538,000.00 20,775,000.00 Deposit to Capitalized Interest (CIF) Fund 113,242.11 302,910.79 416,152.90 Total Underwriter's Discount (1.050%)67,777.50 158,287.50 226,065.00 Costs of Issuance 32,341.49 75,530.29 107,871.78 Rounding Amount 4,638.90 271.42 4,910.32 Total Uses $6,455,000.00 $15,075,000.00 $21,530,000.00 Page 43 of 271 Northland Securities, Inc. Page 4 Structure The Street Reconstruction Portion of the Bonds has been structured to result in relatively level annual debt service payments over 10 years. The Park Referendum Portion has been structured to result in relatively level annual debt service payments over 20 years. The proposed structure for the bond issue and preliminary debt service projections for each portion of the bond issue are illustrated in Attachment 1 and the estimated levies are illustrated in Attachment 2. Security and Source of Repayment The Bonds will be general obligations of the City. The finance plan relies on the following assumptions for the revenues used to pay debt service, as provided by City staff: • Special Assessments. Although not pledged as security to the Bonds, the City is expected to levy special assessments against benefited properties in the amount of $851,048 for the Street Reconstruction Portion of the Bonds. The assessments are structured for level annual payments of principal with interest charged at a rate of 2% over the True Interest Cost of the Street Reconstruction Portion of the Bonds (currently estimated to be 5.50%). The plan assumes that the assessments will be levied in 2024 for initial payment in 2025. • Property Taxes. The revenues needed to pay debt service on the Bonds are expected to come from property tax levies. The initial projections show that for the Street Reconstruction Portion of the Bonds, an annual net levy ranging from approximately $665,504 to $714,409, is needed to meet the 105% statutory requirement. The initial projections show that for the Park Referendum Portion of the bonds, an annual levy averaging $1,154,439, is needed to meet the 105% statutory requirement. The levy may be adjusted annually based on actual monies in the debt service fund. The initial levies will be made in 2024 for taxes payable in 2023. Given the timing of the initial revenue from the tax levy, capitalized interest will be included in the bond issue to cover the first interest payment due on February 1, 2025, before the first tax collections are received. Plan Rationale The Finance Plan recommended in this report is based on a variety of factors and information provided by the City related to the financed project and City objectives, Northland’s knowledge of the City and our experience in working with similar cities and projects. The issuance of General Obligation Bonds provides the best means of achieving the City’s objectives and cost-effective financing. The City has successfully issued and managed this type of debt for previous projects. Issuing Process Northland will receive bids from underwriters to purchase the Bonds on Monday, June 17, 2024, at 10:00 A.M. Market conditions and the marketability of the Bonds support issuance through a competitive sale. This process has been chosen as it is intended to produce the lowest combination of interest expense and underwriting expense on the structure, date and time set to receive bids. The calendar of events for the issuing process can be found in Attachment 4. Municipal Advisor: Northland Securities, Inc., Minneapolis, Minnesota Bond Counsel: Dorsey & Whitney LLP, Minneapolis, Minnesota Paying Agent: US Bank Trust Company, National Association, St. Paul, Minnesota Page 44 of 271 Northland Securities, Inc. Page 5 Attachment 1 – Preliminary Debt Service Schedules Total Combined *Based on preliminary, Non-Bank Qualified “Aaa” rates as of May 10, 2024, plus 0.25%. Date Principal Coupon Interest Total P+I Fiscal Total 07/17/2024 ----- 02/01/2025 --416,152.90 416,152.90 416,152.90 08/01/2025 --386,121.25 386,121.25 - 02/01/2026 1,095,000.00 3.350%386,121.25 1,481,121.25 1,867,242.50 08/01/2026 --367,780.00 367,780.00 - 02/01/2027 1,130,000.00 3.200%367,780.00 1,497,780.00 1,865,560.00 08/01/2027 --349,700.00 349,700.00 - 02/01/2028 1,170,000.00 3.150%349,700.00 1,519,700.00 1,869,400.00 08/01/2028 --331,272.50 331,272.50 - 02/01/2029 1,205,000.00 3.150%331,272.50 1,536,272.50 1,867,545.00 08/01/2029 --312,293.75 312,293.75 - 02/01/2030 1,245,000.00 3.150%312,293.75 1,557,293.75 1,869,587.50 08/01/2030 --292,685.00 292,685.00 - 02/01/2031 1,285,000.00 3.150%292,685.00 1,577,685.00 1,870,370.00 08/01/2031 --272,446.25 272,446.25 - 02/01/2032 1,325,000.00 3.200%272,446.25 1,597,446.25 1,869,892.50 08/01/2032 --251,246.25 251,246.25 - 02/01/2033 1,365,000.00 3.250%251,246.25 1,616,246.25 1,867,492.50 08/01/2033 --229,065.00 229,065.00 - 02/01/2034 1,405,000.00 3.400%229,065.00 1,634,065.00 1,863,130.00 08/01/2034 --205,180.00 205,180.00 - 02/01/2035 1,455,000.00 3.500%205,180.00 1,660,180.00 1,865,360.00 08/01/2035 --179,717.50 179,717.50 - 02/01/2036 740,000.00 3.650%179,717.50 919,717.50 1,099,435.00 08/01/2036 --166,212.50 166,212.50 - 02/01/2037 765,000.00 3.800%166,212.50 931,212.50 1,097,425.00 08/01/2037 --151,677.50 151,677.50 - 02/01/2038 795,000.00 3.900%151,677.50 946,677.50 1,098,355.00 08/01/2038 --136,175.00 136,175.00 - 02/01/2039 830,000.00 4.000%136,175.00 966,175.00 1,102,350.00 08/01/2039 --119,575.00 119,575.00 - 02/01/2040 860,000.00 4.050%119,575.00 979,575.00 1,099,150.00 08/01/2040 --102,160.00 102,160.00 - 02/01/2041 895,000.00 4.100%102,160.00 997,160.00 1,099,320.00 08/01/2041 --83,812.50 83,812.50 - 02/01/2042 930,000.00 4.150%83,812.50 1,013,812.50 1,097,625.00 08/01/2042 --64,515.00 64,515.00 - 02/01/2043 970,000.00 4.200%64,515.00 1,034,515.00 1,099,030.00 08/01/2043 --44,145.00 44,145.00 - 02/01/2044 1,010,000.00 4.250%44,145.00 1,054,145.00 1,098,290.00 08/01/2044 --22,682.50 22,682.50 - 02/01/2045 1,055,000.00 4.300%22,682.50 1,077,682.50 1,100,365.00 Total $21,530,000.00 -$8,553,077.90 $30,083,077.90 - Yield Statistics Bond Year Dollars $224,667.28 Average Life 10.435 Years Average Coupon 3.8069976% Net Interest Cost (NIC)3.9076197% True Interest Cost (TIC)3.8983599% Bond Yield for Arbitrage Purposes 3.7697626% All Inclusive Cost (AIC)3.9604382% IRS Form 8038 Net Interest Cost 3.8069976% Weighted Average Maturity 10.435 Years Optional Redemption 02/01/2032 @100.000% Page 45 of 271 Northland Securities, Inc. Page 6 Street Reconstruction Portion Date Principal Coupon Interest Total P+I Fiscal Total 07/17/2024 ----- 02/01/2025 --113,242.11 113,242.11 113,242.11 08/01/2025 --105,070.00 105,070.00 - 02/01/2026 555,000.00 3.350%105,070.00 660,070.00 765,140.00 08/01/2026 --95,773.75 95,773.75 - 02/01/2027 575,000.00 3.200%95,773.75 670,773.75 766,547.50 08/01/2027 --86,573.75 86,573.75 - 02/01/2028 595,000.00 3.150%86,573.75 681,573.75 768,147.50 08/01/2028 --77,202.50 77,202.50 - 02/01/2029 615,000.00 3.150%77,202.50 692,202.50 769,405.00 08/01/2029 --67,516.25 67,516.25 - 02/01/2030 635,000.00 3.150%67,516.25 702,516.25 770,032.50 08/01/2030 --57,515.00 57,515.00 - 02/01/2031 655,000.00 3.150%57,515.00 712,515.00 770,030.00 08/01/2031 --47,198.75 47,198.75 - 02/01/2032 675,000.00 3.200%47,198.75 722,198.75 769,397.50 08/01/2032 --36,398.75 36,398.75 - 02/01/2033 695,000.00 3.250%36,398.75 731,398.75 767,797.50 08/01/2033 --25,105.00 25,105.00 - 02/01/2034 715,000.00 3.400%25,105.00 740,105.00 765,210.00 08/01/2034 --12,950.00 12,950.00 - 02/01/2035 740,000.00 3.500%12,950.00 752,950.00 765,900.00 Total $6,455,000.00 -$1,335,849.61 $7,790,849.61 - Page 46 of 271 Northland Securities, Inc. Page 7 Park Referendum Portion Date Principal Coupon Interest Total P+I Fiscal Total 07/17/2024 ----- 02/01/2025 --302,910.79 302,910.79 302,910.79 08/01/2025 --281,051.25 281,051.25 - 02/01/2026 540,000.00 3.350%281,051.25 821,051.25 1,102,102.50 08/01/2026 --272,006.25 272,006.25 - 02/01/2027 555,000.00 3.200%272,006.25 827,006.25 1,099,012.50 08/01/2027 --263,126.25 263,126.25 - 02/01/2028 575,000.00 3.150%263,126.25 838,126.25 1,101,252.50 08/01/2028 --254,070.00 254,070.00 - 02/01/2029 590,000.00 3.150%254,070.00 844,070.00 1,098,140.00 08/01/2029 --244,777.50 244,777.50 - 02/01/2030 610,000.00 3.150%244,777.50 854,777.50 1,099,555.00 08/01/2030 --235,170.00 235,170.00 - 02/01/2031 630,000.00 3.150%235,170.00 865,170.00 1,100,340.00 08/01/2031 --225,247.50 225,247.50 - 02/01/2032 650,000.00 3.200%225,247.50 875,247.50 1,100,495.00 08/01/2032 --214,847.50 214,847.50 - 02/01/2033 670,000.00 3.250%214,847.50 884,847.50 1,099,695.00 08/01/2033 --203,960.00 203,960.00 - 02/01/2034 690,000.00 3.400%203,960.00 893,960.00 1,097,920.00 08/01/2034 --192,230.00 192,230.00 - 02/01/2035 715,000.00 3.500%192,230.00 907,230.00 1,099,460.00 08/01/2035 --179,717.50 179,717.50 - 02/01/2036 740,000.00 3.650%179,717.50 919,717.50 1,099,435.00 08/01/2036 --166,212.50 166,212.50 - 02/01/2037 765,000.00 3.800%166,212.50 931,212.50 1,097,425.00 08/01/2037 --151,677.50 151,677.50 - 02/01/2038 795,000.00 3.900%151,677.50 946,677.50 1,098,355.00 08/01/2038 --136,175.00 136,175.00 - 02/01/2039 830,000.00 4.000%136,175.00 966,175.00 1,102,350.00 08/01/2039 --119,575.00 119,575.00 - 02/01/2040 860,000.00 4.050%119,575.00 979,575.00 1,099,150.00 08/01/2040 --102,160.00 102,160.00 - 02/01/2041 895,000.00 4.100%102,160.00 997,160.00 1,099,320.00 08/01/2041 --83,812.50 83,812.50 - 02/01/2042 930,000.00 4.150%83,812.50 1,013,812.50 1,097,625.00 08/01/2042 --64,515.00 64,515.00 - 02/01/2043 970,000.00 4.200%64,515.00 1,034,515.00 1,099,030.00 08/01/2043 --44,145.00 44,145.00 - 02/01/2044 1,010,000.00 4.250%44,145.00 1,054,145.00 1,098,290.00 08/01/2044 --22,682.50 22,682.50 - 02/01/2045 1,055,000.00 4.300%22,682.50 1,077,682.50 1,100,365.00 Total $15,075,000.00 -$7,217,228.29 $22,292,228.29 - Page 47 of 271 Northland Securities, Inc. Page 8 Attachment 2 – Estimated Levy Schedules Street Reconstruction Portion Park Referendum Portion Date Total P+I CIF 105% Levy Less: Special Assessment Revenue*Net Levy Levy Year Collection Year 02/01/2025 113,242.11 (113,242.11)--- 02/01/2026 765,140.00 -803,397.00 137,893.42 665,503.58 2024 2025 02/01/2027 766,547.50 -804,874.88 127,231.68 677,643.20 2025 2026 02/01/2028 768,147.50 -806,554.88 122,550.92 684,003.96 2026 2027 02/01/2029 769,405.00 -807,875.25 117,870.14 690,005.11 2027 2028 02/01/2030 770,032.50 -808,534.13 113,189.38 695,344.75 2028 2029 02/01/2031 770,030.00 -808,531.50 108,508.62 700,022.88 2029 2030 02/01/2032 769,397.50 -807,867.38 103,827.86 704,039.52 2030 2031 02/01/2033 767,797.50 -806,187.38 99,147.10 707,040.28 2031 2032 02/01/2034 765,210.00 -803,470.50 94,466.32 709,004.18 2032 2033 02/01/2035 765,900.00 -804,195.00 89,785.56 714,409.44 2033 2034 Total $7,790,849.61 (113,242.11)$8,061,487.88 $1,114,471.00 $6,947,016.88 *The City anticipates reducing the levy with special assessment collections. Special assessment revenue is based on assessments totaling $851,048, spread in equal principal payments over 10 years and assessed at a rate of 5.50% (2.00% over the True Interest Cost, rounded to the nearest 0.05%). Date Total P+I CIF 105% Levy Levy Year Collection Year 02/01/2025 302,910.79 (302,910.79)- 02/01/2026 1,102,102.50 -1,157,207.63 2024 2025 02/01/2027 1,099,012.50 -1,153,963.13 2025 2026 02/01/2028 1,101,252.50 -1,156,315.13 2026 2027 02/01/2029 1,098,140.00 -1,153,047.00 2027 2028 02/01/2030 1,099,555.00 -1,154,532.75 2028 2029 02/01/2031 1,100,340.00 -1,155,357.00 2029 2030 02/01/2032 1,100,495.00 -1,155,519.75 2030 2031 02/01/2033 1,099,695.00 -1,154,679.75 2031 2032 02/01/2034 1,097,920.00 -1,152,816.00 2032 2033 02/01/2035 1,099,460.00 -1,154,433.00 2033 2034 02/01/2036 1,099,435.00 -1,154,406.75 2034 2035 02/01/2037 1,097,425.00 -1,152,296.25 2035 2036 02/01/2038 1,098,355.00 -1,153,272.75 2036 2037 02/01/2039 1,102,350.00 -1,157,467.50 2037 2038 02/01/2040 1,099,150.00 -1,154,107.50 2038 2039 02/01/2041 1,099,320.00 -1,154,286.00 2039 2040 02/01/2042 1,097,625.00 -1,152,506.25 2040 2041 02/01/2043 1,099,030.00 -1,153,981.50 2041 2042 02/01/2044 1,098,290.00 -1,153,204.50 2042 2043 02/01/2045 1,100,365.00 -1,155,383.25 2043 20442044204520452046 Total $22,292,228.29 (302,910.79)$23,088,783.38 Page 48 of 271 Northland Securities, Inc. Page 9 Attachment 3 – Related Considerations Not Bank Qualified We understand the City (in combination with any subordinate taxing jurisdictions or debt issued in the City’s name by 501(c)3 corporations) anticipates issuing more than $10,000,000 in tax- exempt debt during this calendar year. Therefore, the Bonds will not be designated as “bank qualified” obligations pursuant to Federal Tax Law. Arbitrage Compliance Project/Construction Fund. All tax-exempt bond issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U.S. Treasury. The rebate exemption the City expects to qualify for is the “24-month exception.” Debt Service Fund. The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction in the debt service fund. A bona fide debt service fund involves an equal matching of revenues to debt service expense with a balance forward permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. The City should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Resolution for the Bonds prepared by Bond Counsel explains the requirements in greater detail. Continuing Disclosure Type: Full Dissemination Agent: Northland Securities, Inc. The requirements for continuing disclosure are governed by SEC Rule 15c2-12. The primary requirements of Rule 15c2-12 actually fall on underwriters. The Rule sets forth due diligence needed prior to the underwriter’s purchase of municipal securities. Part of this requirement is obtaining commitment from the issuer to provide continuing disclosure. The document describing the continuing disclosure commitments (the “Undertaking”) is contained in the Official Statement that will be prepared to offer the Bonds to investors. The City has more than $10,000,000 of outstanding debt and is required to undertake “full” continuing disclosure. Full disclosure requires annual posting of the audit and a separate continuing disclosure report, as well as the reporting of certain “material events.” Material events set forth in the Rule, including, but not limited to, bond rating changes, call notices, and issuance of “financial obligations” (such as USDA loans, Public Finance Authority loans and lease agreements) must be reported within ten days of occurrence. The report contains annual financial information and operating data that “mirrors” material information presented in the Official Statement. The specific contents of the annual report will be described in the Undertaking that appears in the appendix of the Official Statement. Northland currently serves as dissemination agent for the City, assisting with the annual reporting. The information for the Bonds will be incorporated into our reporting. Premiums In the current market environment, it is likely that bids received from underwriters will include premiums. A premium bid occurs when the purchaser pays the City an amount in excess of the par amount of a maturity in exchange for a higher coupon (interest rate). The use of premiums Page 49 of 271 Northland Securities, Inc. Page 10 reflects the bidder’s view on future market conditions, tax considerations for investors and other factors. Ultimately, the true interest cost (“TIC”) calculation will determine the lowest bid, regardless of premium. A premium bid produces additional funds that can be used in several ways: • The premium means that the City needs less bond proceeds and can reduce the size of the issue by the amount of the premium. • The premium can be deposited in the Construction Fund and used to pay additional project costs, rather than used to reduce the size of the issue. • The premium can be deposited in the Debt Service Fund and used to pay principal and interest. Northland will work with City staff prior to the sale day to determine use of premium (if any). Rating A rating will be requested from Moody’s Investor Services (Moody’s). The City’s general obligation debt is currently rated “Aaa” by Moody’s. The rating process will include a conference call with the rating analyst. Northland will assist City staff in preparing for and conducting the rating call. Page 50 of 271 Northland Securities, Inc. Page 11 Attachment 4 – Calendar of Events The following checklist of items denotes each milestone activity as well as the members of the finance team who will have the responsibility to complete it. Please note this proposed timetable assumes regularly scheduled City Council meetings. Date Action Responsible Party March 25 City provides preliminary project costs City Staff April 8 General Information Certificate sent to City for updates Northland April 10 City provides final project costs no later than noon City Staff April 15 Finance Plan sent to City for meeting packet for April 22 Workshop Meeting Northland April 22 City Council Workshop to review proposed issuance of 2024A Bonds – 6:00 pm City Council Review April 23 Request for rating submitted to Moody’s, and scheduling of rating call Northland April 29 General Information Certificate returned to Northland City Staff May 6 Preliminary Official Statement sent to City for sign off, sent to Rating Agency to initiate rating processes, and sent to Dorsey & Whitney for review Northland May 14 Meeting to prepare for rating call City Staff, Northland April 2024 May 2024 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11 12 13 5 6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 June 2024 July 2024 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 Holiday Page 51 of 271 Northland Securities, Inc. Page 12 Date Action Responsible Party Week of May 20 or May 27 Rating call with Moody’s City Staff, Northland, Rating Agency May 20 City adopts Set Sale Resolution – 6:00 p.m. City Council Action, Northland, Dorsey & Whitney May 23 City comments and sign off on Preliminary Official Statement due to Northland City Staff June 3 Rating Received no later than this date City Staff, Northland, Rating Agency June 5 Distribution of Preliminary Official Statement Northland June 10 Authorizing Resolution sent to City Dorsey & Whitney, Northland June 17 Bond Sale – 10:00 a.m. Bond Purchase Agreement Signed - 6:00 p.m. Authorizing Resolution Adopted City Council Action, Northland, Dorsey & Whitney June 24 Closing Documents Distributed Dorsey & Whitney July 17 Closing on the Bonds (Proceeds Available) Northland, City Staff, Dorsey & Whitney Page 52 of 271 Northland Securities, Inc. Page 13 Attachment 5 - Risk Factors Property Taxes: Property tax levies shown in this Finance Plan are based on projected debt service and other revenues. Final levies will be set based on the results of sale. Levies should be reviewed annually and adjusted as needed. The debt service levy must be included in the preliminary levy for annual Truth in Taxation hearings. Future Legislative changes in the property tax system, including the imposition of levy limits and changes in calculation of property values, would affect plans for payment of debt service. Delinquent payment of property taxes would reduce revenues available to pay debt service. Special Assessments: Special assessments for the financed projects have not been levied at this time. This Finance Plan is based on the assumptions listed earlier in this report. Changes in the terms and timing for the actual assessments will alter the projected flow of funds for payment of debt service on the Bonds. Also, special assessments may be prepaid. It is likely that the income earned on the investment of prepaid assessments will be less than the interest paid if the assessments remained outstanding. Delinquencies in assessment collections would reduce revenues needed to pay debt service. The collection of deferred assessments, if any, have not been included in the revenue projections. Projected assessment income should be reviewed annually and adjusted as needed. General: In addition to the risks described above, there are certain general risks associated with the issuance of bonds. These risks include, but are not limited to: • Failure to comply with covenants in bond resolution. • Failure to comply with Undertaking for continuing disclosure. • Failure to comply with IRS regulations, including regulations related to use of the proceeds and arbitrage/rebate. The IRS regulations govern the ability of the City to issue its bonds as tax-exempt securities and failure to comply with the IRS regulations may lead to loss of tax- exemption. Page 53 of 271 MINUTES CITY COUNCIL WORK SESSION April 22, 2024 - 6:00 PM Lakeville City Hall, Marion Conference Room 1. Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:00 p.m. Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Julie Stahl, Finance Director; Allyn Kuennen, Assistant City Administrator; Courtney Miller, Assistant to the City Administrator; Mike Meyer, Fire Chief; Todd Sellner, Assistant Fire Chief 2. Citizen Comments Don Schuster, 19390 Iteri Avenue, addressed the City Council. He stated that he came to the December 11, 2023, City Council work session and spoke about a requirement for city services to be connected to his property. He requested follow up. 3. Discussion Items a. Fire Station Study Fire Chief Meyer provided an overview of the fire station study. He stated that at the October 2023 City Council work session, staff presented several options regarding the renovation of the existing stations or the construction of new fire stations to prepare the department for future staffing of stations. Since that time, staff has continued to work on the timing, funding, and construction of these improvements. He presented two options for the Council to consider. The first option, called Option D3, proposes the City purchase new land in the Dodd and Cedar Avenue area and construct a new "Station 5" that would serve the areas previously served by Fire Stations 2 and 4. This would provide the possibility for Fire Stations 2 and 4 to be eliminated. The cost estimate of Option D3, which includes renovation of Fire Stations 1, 2, 3, and 5, is estimated to be between $60.4 and $68.3 million. The second option, called Option D4, proposes the City demo and reconstruct Fire Station 2, beginning in 2025 with completion in 2026. The cost estimate of Option D4 is between $51.6 and 59.6 million. Council asked questions regarding land availability for Station 5 and the future of Stations 2 and 4 if Station 5 was built. Council discussed the pros and cons of both options. Council directed staff to move forward with Option D3. b. Franchise Fees Assistant to the City Administrator Miller and Finance Director Stahl provided an overview of the franchise fees report. At the February 2024 City Council work session, Page 54 of 271 City Council Work Session Minutes April 22, 2024 Page 2 staff presented information on franchise fees to the City Council. At that time, the Council reviewed the information, including franchise fee rate structures and potential funding targets. Since that time, staff compiled additional information from the utility companies that provides a clearer picture of possible revenues. Council supports implementing franchise fees to help fund the FiRST Center and the construction of a new Fire Station. Council stated that educating the public will be key to implementing franchise fees. Council stated that it would like the franchise fees to generate between $4 and $5 million annually. Council directed staff to move forward with researching plan design options. c. Local Preference in Contracting Assistant City Administrator Kuennen provided an overview of local preference in contracting. He stated that at the annual City Council retreat in January 2024, the City Council requested staff to review the possibility of providing preference to local contractors or services when bidding for or proposing projects. Council discussed the pros and cons of local preference in contracting, including possible limitations. Council directed staff to not move forward with local preference in contracting. d. 2024A Debt Issuance Finance Director Stahl and Jessica Green, Managing Director, Northland Securities provided an overview of the 2024A bond issuance that will fund the following projects: #24-02 - 2024 Street Reconstruction Project, #24-03 - Collector Rehabilitation, and Park Referendum Projects. The 2024A bond issuance is estimated to be $22,365,000. They provided key dates for the 2024A bonds. Council directed staff to move forward with the bond issuance. e. 2023 4th Quarter Financial Report - General Fund Finance Director Stahl presented the 2023 4th quarter financial report which shows variances between the amended budget as well as the estimated budget. 4. Items for Future Discussion None. 5. Committee/ City Administrator Updates Wolter - reported that I-35 Solutions Alliance meeting was cancelled Bermel - attended the recent Liquor Committee meeting where they discussed sales, CBD products, and low theft. He added that the Heritage Liquor Store is outperforming its space He shared that April 30 is National Therapy Animal Day Lee - stated that he met Human Resources Director Alissa Frey at a recent Personnel Committee meeting Hellier - thanked residents and business owners for coming to the State of the City He stated that proposed legislation regarding city zoning and land use are not moving forward Volk - attended the recent Lakeville Arenas Board of Directors meeting. She stated that Page 55 of 271 City Council Work Session Minutes April 22, 2024 Page 3 there will be an ice rate increase to $10/hour City Administrator Miller - reported sewer backup downtown that impacted the Arts Center 6. Adjourn Motion was made by Volk, seconded by Lee, to adjourn. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter The meeting was adjourned at 8:07 p.m. Respectfully Submitted, __________________________________ Courtney Miller, Assistant to the City Administrator ____________________________ Luke M. Heller, Mayor Page 56 of 271 Date: 5/20/2024 Supplemental Agreement for Professional Services with WSB for 2024 Miscellaneous Drainage Improvements in Spyglass and Legacy Park Proposed Action Staff recommends adoption of the following motion: Move to approve WSB supplemental agreement for professional services for 2024 Miscellaneous Drainage Improvements, City Project 24-47. Overview The City's stormwater infrastructure maintenance program is designed to extend the service life and minimize life-cycle costs of public stormwater infrastructure. Public stormwater management systems are inspected regularly to assist in scheduling maintenance and prioritizing projects. City Project 24-47 includes repairs and improvements to stormwater infrastructure located within the Spyglass subdivision and Legacy Park. WSB's supplemental agreement includes the scope of services (key tasks are listed below) and estimated costs to provide professional services for City Project 24-47 and is subject to the Master Services Agreement dated September 20, 2021. • Project Management • Data Collection and Recommendations • Permit Coordination • Construction Documents • Construction Management Supporting Information 1. WSB Supplemental Agreement Financial Impact: $43,900 Budgeted: Yes Source: Utility Fund - Env. Resources Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Patrick Martin, Environmental Resources Technician Page 57 of 271 G:\Group Data\WATER RESOURCES\WR Proposal Folder\Lakeville\2024 Miscellaneous Drainage Improvements\LTR PROP-2024PondMaintenance_20231214.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM December 14, 2023 Mr. Patrick Martin Environmental Resources Technician City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: 2024 Miscellaneous Drainage Improvements – Design & Construction City of Lakeville Dear Mr. Martin: Attached for your review and approval is our proposed scope of services, fee, and schedule for providing professional engineering services to complete design and construction for the 2024 Miscellaneous Drainage Improvements Project. The goal of this project is to analyze the existing condition of the Spyglass development and Legacy Park stormwater management systems, provide recommended maintenance and improvements and complete design and construction oversight for the recommended improvements. This proposal has been offered as a supplemental agreement to our professional services agreement dated September 20, 2021. We look forward to working with you on this project. If you are in agreement with this proposal, please sign where indicated below and return one copy to our offices. Please do not hesitate to contact Jake at 612-990-3576 with any questions. Sincerely, WSB Jake Newhall, PE Kendra Fallon, PE Director of Water Resources Water Resources Project Engineer Attachment ACCEPTED BY: City of Lakeville, MN Name Title Date Page 58 of 271 Mr. Patrick Martin December 14, 2023 Page 2 G:\Group Data\WATER RESOURCES\WR Proposal Folder\Lakeville\2024 Miscellaneous Drainage Improvements\LTR PROP- 2024PondMaintenance_20231214.docx SCOPE OF ENGINEERING SERVICES FOR 2024 MISCELLANEOUS DRAINAGE IMPROVEMENTS PROJECT – DESIGN & CONSTRUCTION CITY OF LAKEVILLE, MN SCOPE OF ENGINEERING SERVICES Task 1 – Project Management ($4,000) Project management will be performed throughout the course of the project. The following subtasks are included as part of Project Management: 1.1 Attend project update meetings with City staff to discuss survey findings and recommended improvements, draft plans, final plans, cost estimates, permitting/bidding, and other project variables. This will include developing agendas, preparing handouts and graphics, and attending meetings. 1.2 Work with project team and the City to coordinate project deliverables, schedule, and budget. Deliverables: Two (2) meeting with City staff to review the recommendation improvements memo and final draft plans. Task 2 – Collect Background Data and Develop Recommendations Memo ($10,200) This task consists of collecting background data and relevant design information for the project and completing analysis to determine recommended improvements. A site visit will be performed during review of the background data to confirm existing conditions, access locations, necessary tree removal, and other variables to inform the recommendations. The following are the subtasks that will be included as part of the evaluation: 2.1 Collect background information including easement information, storm sewer and grading as-builts, soils information, existing hydrologic modeling for the area, groundwater information, and other relevant information. 2.2 Collect topographic survey for Spyglass Development infiltration basin area and eroded outfall area. Survey for the Spyglass Development will include all storm sewer pipes, elevations within and around the outlet channel from the infiltration basins to the adjacent wet pond. Additionally, collect topographic survey of the berm dividing the filtration basin from the adjacent wet pond cells within the Legacy Park stormwater management system. 2.3 Bathymetric survey of the Spyglass Development wet pond adjacent the existing infiltration system. Based on information provided by the City, the infiltration cells in the Spyglass Development may be holding water at time of survey so if needed, bathymetric survey of the infiltration basins will be completed to supplement the topographic survey to get a full understanding of the existing conditions. This will include surveying inlets and outlets within the stormwater pond. 2.4 Sediment sampling of the Spyglass Development wet pond and the Legacy Park wet pond cells including carcinogenic polycyclic aromatic hydrocarbons (cPAHs) using approved EPA Method 8270, copper using approved EPA Method 6010, RCRA metals using EPA Method 6010. 2.5 Develop a memo with recommended improvements based on background data collected in tasks 2.1 - 2.4. Memo will include a summary of existing conditions, recommended improvements and a cost estimate of the recommended improvements at both Spyglass Development and Legacy Park. Page 59 of 271 Mr. Patrick Martin December 14, 2023 Page 3 G:\Group Data\WATER RESOURCES\WR Proposal Folder\Lakeville\2024 Miscellaneous Drainage Improvements\LTR PROP- 2024PondMaintenance_20231214.docx It is important to note that this task does not include geotechnical analysis as it is not anticipated to be needed. If it is determined that a geotechnical investigation is needed this can be provided as an additional service. Deliverables: Topographic Survey Information, Bathymetric Survey, Recommendation Memo, Sediment Sampling Results, two (2) samples at both the Spyglass Development pond and the Legacy Park wet cells (4 total). This task does not include lab fees. The fees will be passed on to the City and are anticipated to be approximately $300 per sample (for a total of $1,200). Task 3 –Permit Coordination ($2,500) This task consists of coordinating and obtaining the required permits for the proposed pond maintenance activities. It is anticipated that a US Army Corps of Engineers permit will be required based on experience with similar projects. In addition, WSB will coordinate the necessary Wetland Conservation Act (WCA) no-loss applications. 3.1 US Army Corps of Engineers 3.2 WCA no-loss applications. Deliverables: Necessary permitting documentation for the US Army Corps of Engineer and WCA. This task does not include any necessary permit application fees; these will be passed on to the City if applicable. Task 4 – Construction Documents ($13,800) This task consists of completing construction plans, specifications, and bidding documents for the recommended site improvements based on the background data collected and analysis completed. Plans are anticipated to include cover sheet, grading plan, storm sewer plans and profiles (if required), erosion control/restoration, and details. The cost estimate developed with the memo in task 3 will be updated to verify consistency between the proposed improvements and the City project budget. This scope assumes answering questions during the bid process to help facilitate the understanding of construction expectations. 4.1 Prepare draft construction plans, specification, and cost estimate. 4.2 Finalize construction plans, specification, cost estimate, and bidding documents based on feedback from City staff. Deliverables: Final Plans, Specifications, and Bid Documents. Task 5 – Construction Management ($13,400) Construction management will be performed throughout the course of the construction schedule for the project. This will include attending the pre-construction meeting as well as weekly progress meetings throughout the project, and other necessary construction coordination. This task will include part-time observation (approximately 15 hours per week). This will include inspection of all critical construction components as well as regular check-ins with the contractor and the City. WSB will also perform the construction staking and survey work, as needed. 5.1 Attend weekly construction meetings. 5.2 Part-time construction observation. 5.3 Review and approve pay vouchers. Page 60 of 271 Mr. Patrick Martin December 14, 2023 Page 4 G:\Group Data\WATER RESOURCES\WR Proposal Folder\Lakeville\2024 Miscellaneous Drainage Improvements\LTR PROP- 2024PondMaintenance_20231214.docx 5.4 Review and approve shop drawings (as needed). Deliverables: Construction Meetings, Construction Observation TOTAL ESTIMATED ENGINEERING FEE The cost to provide the scope of services outlined in this proposal will be billed hourly, based on our current hourly rates. We are proposing to complete the 2024 Miscellaneous Drainage Improvements Project for an hourly not-to-exceed fee of $43,900.00. TIME SCHEDULE Based on the current project schedule, WSB proposes to complete the background data collection and design of the pond improvements in Spring/Summer 2024, with construction planned for Fall/Winter 2024 and final restoration in Spring/Summer 2025. Page 61 of 271 Date: 5/20/2024 Grant Agreements with Dakota County for Aquatic Invasive Species Program Funding Assistance Proposed Action Staff recommends adoption of the following motion: Move to approve Grant Agreements with Dakota County for funding assistance of Aquatic Invasive Species 2024 prevention activities. Overview Dakota County operates an annual grant program to provide funding incentives for local Aquatic Invasive Species (AIS) related projects. The City was awarded funding for the following AIS prevention activities programmed for 2024: • Level 1 Watercraft Inspections at Casperson Park (Lake Marion) and Orchard Lake Park (Orchard Lake); to be coordinated through Dakota County. • AIS monitoring on Lake Marion and Orchard Lake. The estimated total project cost is $39,260. The AIS Grants will reimburse the City $33,007 of the project costs, consistent with the attached Agreements. The City's estimated net cost is $6,253. Grant Agreements (Dakota County Contract Nos. DCA21601 and DCA21605) are attached. Exhibit A (Dakota County AIS Plan 2021-2025), Exhibit B (Dakota County AIS Grant Program Application), Exhibit C (City Applications) and Exhibit D (Insurance Terms) for the Agreements are available for review in the Engineering Division. Supporting Information 1. Dakota County Contract DCA21601 2. Dakota County Contract DCA21605 Financial Impact: $39,260 Budgeted: Yes Source: Utility Fund - Env. Resources Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Maria Friedges, Environmental Resources Specialist Page 62 of 271 Dakota County Contract #DCA21601 Page | 1 of 7 Dakota County Contract #DCA21601 AQUATIC INVASIVE SPECIES AID GRANT AGREEMENT This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and the City of Lakeville (City). RECITALS WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement; WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive Species Prevention Aid; WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs to manage and prevent the growth of aquatic invasive species with local units of government, soil and water conservation districts, watershed districts, or lake associations, in the County; and WHEREAS, the City of Lakeville has proposed Watercraft Inspections on Lake Marion and Orchard Lake (Services). WHEREAS, the City agrees to perform all Services described in this Agreement to the satisfaction of the County; NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the City agree as follows: AGREEMENT 1. Parties. The parties to this Agreement are the County and City, collectively referred to as the “parties”. 2. Effective Date and Term. Notwithstanding the dates of signatures of the parties to this Agreement, the effective date of this Agreement is from May 15, 2024 through December 31, 2024, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. 3. Purpose. The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to the City for Aquatic Invasive Species prevention activities. 4. City Obligations. A. City shall provide the following services (Services), described as Watercraft Inspections on Lake Marion and Orchard Lake, and more specifically in accordance with Dakota County’s Aquatic Invasive Species Plan and Dakota County’s Aquatic Species Grant Program, attached hereto and incorporated by reference herein as Exhibits A and B, and the City’s Proposal, attached hereto and incorporated by reference herein as Exhibit C. If there are any inconsistencies between this Agreement and the Exhibits, the priority of documents shall be as follows: 1) this Agreement; 2) the County’s Aquatic Invasive Species Plan (Exhibit A); 3) the County’s Aquatic Invasive Species Grant Program (Exhibit B); 4) the City’s Proposal (Exhibit C). Page 63 of 271 Dakota County Contract #DCA21601 Page | 2 of 7 B. Publicity: The City shall acknowledge funding or services provided by the County in any promotional materials, signage, reports, publications, notices, or presentations related to activities conducted under this Agreement. This section shall survive the expiration or termination of this Agreement. 5. Reimbursement from the County. The City will claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement, the County’s Aquatic Invasive Species Plan, and the County’s Aquatic Invasive Species Grant Program. The County will reimburse the City within 45 calendar days of the City’s submission of invoices to the County. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by December 15, 2024. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic Invasive Species Plan, attached hereto and incorporated by reference to this Agreement as Exhibit A, that the City has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. All requests for reimbursement shall be made to: Dakota County Environmental Resources Department Attn: Emily Gable 14955 Galaxie Avenue Apple Valley, MN 55124 Email: emily.gable@co.dakota.mn.us The City understands and agrees that payments by the County to the City under this Agreement are dependent upon payments to the County from the State, through the Department of Revenue. The parties agree that payment to the County from the State is a condition precedent of this Agreement and if payment from the State is not obtained or continued or is decreased by any amount the County may reduce or terminate this Agreement by giving the City 30 days’ notice. If the Agreement is terminated due to lack of funding from the State, the City shall only be entitled to the actual cost of Services rendered up to the date of termination. If payment from the State to the County is decreased, the Parties may negotiate a decrease in the amount of Services provided in the Agreement. The City agrees that the County’s decision not to terminate shall be sufficient consideration for any modification of the Agreement. 6. Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only the authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement: For the County: For the Grantee: Nikki Stewart, or successor, Director Luke Hellier, or successor, Mayor Environmental Resources Department City of Lakeville 14955 Galaxie Avenue 20195 Holyoke Avenue Apple Valley, MN 55124 Lakeville, MN 55044 Telephone: 952-891-7554 Telephone: 612-237-2551 Email: nikki.stewart@co.dakota.mn.us Email: lhellier@lakevillemn.gov Page 64 of 271 Dakota County Contract #DCA21601 Page | 3 of 7 In addition, notification to the County or the City regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated Authorized Representative under this Agreement, without necessitating an amendment of this Agreement. 7. Indemnification and Insurance. Each party to this Agreement shall be liable for the acts or omissions of its officers, directors, employees or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of the other party, its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. To insure a unified defense against any third-party liability claims arising from work of the Services, City agrees to require all contractors or subcontractors hired to perform any work to complete the Services on the Project to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the provisions of services under this Agreement. Each party warrants that they will comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 8. Government Data Practices. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy, including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it applies. The City agrees to abide by these statutes, rules and regulations and as the same may be amended from time to time. 9. Assignment, Amendments, Waiver and Complete Agreement. A. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. 1. Use of Contractors. The City will engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (1) The contractor must maintain all records and provide all reporting as required by this Agreement. Page 65 of 271 Dakota County Contract #DCA21601 Page | 4 of 7 (2) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (3) The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached an Incorporated as Exhibit D, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. (4) The contractor must be an independent contractor for the purposes of completing the contracted work. (5) The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (6) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. B. Amendments. Any amendment to this Agreement must be in writing and executed by the parties. C. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. D. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral may be used to bind either party. 10. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all books, records, papers or other documents relevant to this Agreement. The City shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. Page 66 of 271 Dakota County Contract #DCA21601 Page | 5 of 7 12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 13. Nondiscrimination. The City agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the City agrees not to discriminate against any employee, applicant for employment, or participant in this Agreement because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. 14. Compliance with the Law. The City agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The City is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 15. Default and Remedies. A. Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the City written notice of an event of default, the City shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the City is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take, and the schedule required to cure the event of default. C. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: 1. The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. 2. The County may enforce any additional remedies it may have in law or equity. 3. The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the City. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. For purposes of termination and default, all days are calendar days. Page 67 of 271 Dakota County Contract #DCA21601 Page | 6 of 7 16. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least at the level relied on for the funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the County. 17. Ownership of Materials and Intellectual Property Rights. A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the materials conceived or created by the City, or its employees or sub-grantees, and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form (Materials) to the City. B. The City represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. Notwithstanding anything in this Agreement to the contrary, City shall indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Authority would otherwise possess. 18. Firearms Prohibited. Unless specifically required by the terms of this Agreement, no provider of services pursuant to this Agreement, including but not limited to employees, agents or subcontractors of City shall carry or possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of this Agreement at the sole discretion of the County. 19. Compliance with DNR requirements. A. Prior to conducting authorized watercraft inspections at water accesses, City must be a local government unit and execute a Delegation Agreement with the Minnesota Department of Natural Resources (DNR). B. City must obtain a permit from the DNR prior to conducting invasive aquatic plant management activities. 20. Severability. Every section, provision or part of this Agreement is declared severable from every other section, provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. 21. Survival of terms. The following clauses survive the expiration or termination of this Agreement: 4.B. Publicity; 7. Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and Venue. 22. Electronic Signatures. Each party agrees that the electronic signatures of the parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. Page 68 of 271 Dakota County Contract #DCA21601 Page | 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: ____________________________________ Nikki Stewart, Director Environmental Resources Department Date of signature: ________________________ APPROVED AS TO FORM: /s/ Brian J. Wisdorf 5/9/2024 Assistant County Attorney/Date County Attorney File No: KS-24-295 FOR THE CITY (We represent and warrant that we are authorized by law to execute this contract and legally bind the City.) By: _________________________________ Luke Hellier, Mayor Date of signature: _____________________ By: _________________________________ ______________________, City Clerk Date of signature: _____________________ Dakota County Resolution Number: 20-631 Page 69 of 271 Dakota County Contract #DCA21605 Page | 1 of 7 Dakota County Contract #DCA21605 AQUATIC INVASIVE SPECIES AID GRANT AGREEMENT This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and the City of Lakeville (City). RECITALS WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement; WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive Species Prevention Aid; WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs to manage and prevent the growth of aquatic invasive species with local units of government, soil and water conservation districts, watershed districts, or lake associations, in the County; and WHEREAS, the City of Lakeville has proposed Chemical Treatment and Monitoring of AIS on Lake Marion and Orchard Lake (Services). WHEREAS, the City agrees to perform all Services described in this Agreement to the satisfaction of the County; NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the City agree as follows: AGREEMENT 1. Parties. The parties to this Agreement are the County and City, collectively referred to as the “parties”. 2. Effective Date and Term. Notwithstanding the dates of signatures of the parties to this Agreement, the effective date of this Agreement is from May 15, 2024 through December 31, 2024, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. 3. Purpose. The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to the City for Aquatic Invasive Species prevention activities. 4. City Obligations. A. City shall provide the following services (Services), described as Chemical Treatment and Monitoring of AIS on Lake Marion and Orchard Lake, and more specifically in accordance with Dakota County’s Aquatic Invasive Species Plan and Dakota County’s Aquatic Species Grant Program, attached hereto and incorporated by reference herein as Exhibits A and B, and the City’s Proposal, attached hereto and incorporated by reference herein as Exhibit C. If there are any inconsistencies between this Agreement and the Exhibits, the priority of documents shall be as follows: 1) this Agreement; 2) the County’s Aquatic Invasive Species Plan (Exhibit A); 3) the County’s Aquatic Invasive Species Grant Program (Exhibit B); 4) the City’s Proposal (Exhibit C). Page 70 of 271 Dakota County Contract #DCA21605 Page | 2 of 7 B. Publicity: The City shall acknowledge funding or services provided by the County in any promotional materials, signage, reports, publications, notices, or presentations related to activities conducted under this Agreement. This section shall survive the expiration or termination of this Agreement. 5. Reimbursement from the County. The City will claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement, the County’s Aquatic Invasive Species Plan, and the County’s Aquatic Invasive Species Grant Program. The County will reimburse the City within 45 calendar days of the City’s submission of invoices to the County. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by December 15, 2024. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic Invasive Species Plan, attached hereto and incorporated by reference to this Agreement as Exhibit A, that the City has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. All requests for reimbursement shall be made to: Dakota County Environmental Resources Department Attn: Emily Gable 14955 Galaxie Avenue Apple Valley, MN 55124 Email: emily.gable@co.dakota.mn.us The City understands and agrees that payments by the County to the City under this Agreement are dependent upon payments to the County from the State, through the Department of Revenue. The parties agree that payment to the County from the State is a condition precedent of this Agreement and if payment from the State is not obtained or continued or is decreased by any amount the County may reduce or terminate this Agreement by giving the City 30 days’ notice. If the Agreement is terminated due to lack of funding from the State, the City shall only be entitled to the actual cost of Services rendered up to the date of termination. If payment from the State to the County is decreased, the Parties may negotiate a decrease in the amount of Services provided in the Agreement. The City agrees that the County’s decision not to terminate shall be sufficient consideration for any modification of the Agreement. 6. Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only the authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement: For the County: For the Grantee: Nikki Stewart, or successor, Director Luke Hellier, or successor, Mayor Environmental Resources Department City of Lakeville 14955 Galaxie Avenue 20195 Holyoke Avenue Apple Valley, MN 55124 Lakeville, MN 55044 Telephone: 952-891-7554 Telephone: 612-237-2551 Email: nikki.stewart@co.dakota.mn.us Email: lhellier@lakevillemn.gov Page 71 of 271 Dakota County Contract #DCA21605 Page | 3 of 7 In addition, notification to the County or the City regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated Authorized Representative under this Agreement, without necessitating an amendment of this Agreement. 7. Indemnification and Insurance. Each party to this Agreement shall be liable for the acts or omissions of its officers, directors, employees or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of the other party, its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. To insure a unified defense against any third-party liability claims arising from work of the Services, City agrees to require all contractors or subcontractors hired to perform any work to complete the Services on the Project to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the provisions of services under this Agreement. Each party warrants that they will comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 8. Government Data Practices. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy, including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it applies. The City agrees to abide by these statutes, rules and regulations and as the same may be amended from time to time. 9. Assignment, Amendments, Waiver and Complete Agreement. A. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. 1. Use of Contractors. The City will engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (1) The contractor must maintain all records and provide all reporting as required by this Agreement. Page 72 of 271 Dakota County Contract #DCA21605 Page | 4 of 7 (2) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (3) The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached an Incorporated as Exhibit D, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. (4) The contractor must be an independent contractor for the purposes of completing the contracted work. (5) The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (6) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. B. Amendments. Any amendment to this Agreement must be in writing and executed by the parties. C. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. D. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral may be used to bind either party. 10. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all books, records, papers or other documents relevant to this Agreement. The City shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. Page 73 of 271 Dakota County Contract #DCA21605 Page | 5 of 7 12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 13. Nondiscrimination. The City agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the City agrees not to discriminate against any employee, applicant for employment, or participant in this Agreement because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. 14. Compliance with the Law. The City agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The City is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 15. Default and Remedies. A. Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the City written notice of an event of default, the City shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the City is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take, and the schedule required to cure the event of default. C. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: 1. The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. 2. The County may enforce any additional remedies it may have in law or equity. 3. The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the City. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. For purposes of termination and default, all days are calendar days. Page 74 of 271 Dakota County Contract #DCA21605 Page | 6 of 7 16. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least at the level relied on for the funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the County. 17. Ownership of Materials and Intellectual Property Rights. A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the materials conceived or created by the City, or its employees or sub-grantees, and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form (Materials) to the City. B. The City represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. Notwithstanding anything in this Agreement to the contrary, City shall indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Authority would otherwise possess. 18. Firearms Prohibited. Unless specifically required by the terms of this Agreement, no provider of services pursuant to this Agreement, including but not limited to employees, agents or subcontractors of City shall carry or possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of this Agreement at the sole discretion of the County. 19. Compliance with DNR requirements. A. Prior to conducting authorized watercraft inspections at water accesses, City must be a local government unit and execute a Delegation Agreement with the Minnesota Department of Natural Resources (DNR). B. City must obtain a permit from the DNR prior to conducting invasive aquatic plant management activities. 20. Severability. Every section, provision or part of this Agreement is declared severable from every other section, provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. 21. Survival of terms. The following clauses survive the expiration or termination of this Agreement: 4.B. Publicity; 7. Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and Venue. 22. Electronic Signatures. Each party agrees that the electronic signatures of the parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. Page 75 of 271 Dakota County Contract #DCA21605 Page | 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: ____________________________________ Nikki Stewart, Director Environmental Resources Department Date of signature: ________________________ APPROVED AS TO FORM: /s/ Brian J. Wisdorf 5/9/2024 Assistant County Attorney/Date County Attorney File No: KS-24-296 FOR THE CITY (We represent and warrant that we are authorized by law to execute this contract and legally bind the City.) By: _________________________________ Luke Hellier, Mayor Date of signature: _____________________ By: _________________________________ ______________________, City Clerk Date of signature: _____________________ Dakota County Resolution Number: 20-631 Page 76 of 271 Date: 5/20/2024 Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for City Projects 24-02 and 24-20 Proposed Action Staff recommends adoption of the following motion: Move to approve a Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization for water conservation and water quality improvements within City Projects 24-02 and 24-20. Overview The City and Vermillion River Watershed Joint Powers Organization (VRWJPO) are partnering on capital improvement projects designed to address sediment reduction in stormwater runoff and advance water conservation initiatives within City Projects 24-02 and 24-20. • City Project 24-02 includes installation of a hydrodynamic separator along 205th Street. The stormwater infrastructure will capture sediment before discharging into South Creek, resulting in improved water quality. • City Project 24-20 includes installation of water conservation systems at Avonlea Community Park (located near Middle Creek). A stormwater reuse system will use stormwater to irrigate green spaces and a potable water recirculation system will be utilized with the splash pad. The combined projects will reduce demands on the City's water supply system. The VRWJPO will contribute up to $370,000 towards the City's total engineering/design and construction costs for both projects. This partnership will improve water quality in local creeks tributary to the Vermillion River while achieving water conservation goals. Supporting Information 1. Joint Powers Agreement (VRWJPO Contract DCA21496) Financial Impact: $370,000 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Maria Friedges, Environmental Resources Specialist Page 77 of 271 VRWJPO Contract #DCA21496 Page | 1 of 6 Joint Powers Agreement JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE FOR 2024 CAPITAL IMPROVEMENT PROJECTS FOR CITY PROJECTS 24-02 AND 24-20 WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers Board (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. § 103B.211 to 103B.255 and as otherwise provided by law; and WHEREAS, the City of Lakeville (City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, the Vermillion River, South Creek, a tributary of the Vermillion River, and Middle Creek, a tributary of the Vermillion River, are identified on the EPA’s 303d Impaired Waters List for total suspended solids (TSS); and WHEREAS, City Project #24-02 depicted in Exhibit 1, 205th Street Hydrodynamic Separator (“Project 1”), is located directly adjacent to South Creek; and WHEREAS, stormwater outfalls from Hollins and 205th Street in the City contribute sediment loading to downstream reaches of South Creek and the Vermillion River; and WHEREAS, a stormwater outfall along 205th Street and Hollins Avenue in the City is considered a high sediment loading source to this section of South Creek; and WHEREAS, restoration strategies were identified in the WRAPS report to identify and implement sediment reduction BMPs on public lands in the South Creek subwatershed; and WHEREAS, reducing the sediment load in South Creek through a hydrodynamic separator before being discharged to South Creek will address the TSS impairment affecting South Creek and the Vermillion River; and WHEREAS, City Project #24-20 depicted in Exhibit 2, Avonlea Community Park Stormwater Re- Use and Potable Water Recirculation Project in Lakeville (“Project 2”) is located directly adjacent to Middle Creek; and WHEREAS, stormwater outfalls contribute sediment loading to downstream reaches of Middle Creek and the Vermillion River; and WHEREAS, stormwater outfalls upstream of Avonlea Park are identified are considered high sediment loading source to this section of Middle Creek; and WHEREAS, restoration strategies were identified in the WRAPS report to identify and implement sediment reduction BMPs on public lands in the Middle Creek subwatershed; and WHEREAS, reducing the sediment load in Middle Creek through stormwater re-use will address the TSS impairment affecting Middle Creek and the Vermillion River; and WHEREAS, stormwater re-use strategies implemented for Project 2 are consistent with water conservation goals outlined in Dakota County’s 2020-2030 Groundwater Plan; and Page 78 of 271 VRWJPO Contract #DCA21496 Page | 2 of 6 Joint Powers Agreement WHEREAS, potable water recirculation strategies implemented for Project 2 are consistent with water conservation goals outlined in Dakota County’s 2020-2030 Groundwater Plan; and WHEREAS, the City's total estimated engineering/design and construction costs for Project 1 and Project 2 (collectively “Projects”) is $902,395.20; and WHEREAS, the VRWJPO has agreed to contribute up to $370,000 towards the City’s total engineering/design and construction costs for the Projects pursuant to the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and VRWJPO shall derive from this Agreement, the VRWJPO and City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE This Agreement defines the Projects responsibilities and Projects cost-sharing obligations of the VRWJPO and City. ARTICLE 2 PARTIES The parties to this Agreement are the VRWJPO and City (collectively “the Parties”). ARTICLE 3 TERM This Agreement is effective upon the date of the last signature of the Parties to this Agreement and shall remain in effect until December 31, 2025, or until completion by the Parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The Parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 PROJECT PLANS AND SPECIFICATIONS The City is the lead agency for engineering/design and construction administration of the Projects, effective upon execution of this Agreement by all Parties. The Parties shall approve the plans and specifications (Project Plans) for each Project prior to advertising for bids. ARTICLE 6 PAYMENT 6.1 The City will administer the contracts and act as the paying agent for all payments to the contractor(s) for each Project. Page 79 of 271 VRWJPO Contract #DCA21496 Page | 3 of 6 Joint Powers Agreement 6.2 The City’s maximum eligible reimbursement towards the engineering/design and construction costs for the Projects is up to $370,000 when accounting for the VRWJPO contribution towards the total cost of the Projects. 6.3 No payments shall be made by the VRWJPO to the City for a Project prior to approval of the Project Plans for the associated Project by the Parties and execution of this Agreement. 6.4 The VRWJPO shall pay the City for engineering and construction costs on a reimbursement basis. The VRWJPO will make progress payments to the City if requested provided all request for payment shall be supported by itemized Project receipts and invoices determined by the VRWJPO to be practical and reasonable for completion of the Project. Ten percent (10%) of the Agreement maximum identified in paragraph 6.2 shall be withheld until the VRWJPO has verified that the Projects have been installed according to this Agreement and the Project Plans. 6.5 The VRWJPO may refuse to pay a request for payment for costs not specifically authorized by this Agreement. Payment of a request for payment shall not preclude the VRWJPO from questioning the propriety of the request for payment or the validity of the any cost(s) sought by the request for payment. The VRWJPO reserves the right to be repaid for any overpayment or disallowed request for payment/cost in whole or in part. ARTICLE 7 CITY OBLIGATIONS 7.1 AUTHORIZED PURPOSE. The funds provided under the terms of this Agreement may only be used by the City for the payment of engineering/design and construction costs directly related to the Projects. 7.2 CONSTRUCTION REQUIREMENTS. The Projects shall be constructed according to the Project Plans for each Project. The Parties shall approve any modifications to the Project Plans. 7.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of either Project shall be addressed in the City’s contracts with the construction firm or professional services firm. 7.4 RIGHT-OF-ENTRY. The City hereby permits the VRWJPO, its employees, duly authorized representatives and agents to enter upon and have rights of ingress and egress over and access at reasonable times to the real property where the Project will be located to inspect the construction of the Projects. 7.5 OPERATION AND MAINTENANCE. The City shall be responsible for on-going maintenance of the Projects upon completion unless a failure occurs from an Act of God or Force Majeure occurs such that it is cost prohibitive to repair or maintain. The City may request shared financial responsibility with the VRWJPO for on-going maintenance costs of the Projects during a 10 year period commencing upon the City’s final acceptance of the Projects, which the VRWJPO may contribute within its sole discretion. 7.6 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations in constructing the Projects, including obtaining all necessary permits to construct the Projects. 7.7 PUBLICITY. The City hereby permits the VRWJPO to take and disclose photographs of the Projects for use in publications or promotional material or on their websites to highlight the VRWJPO’s programs. The Parties shall appropriately acknowledge the funding provided by the VRWJPO and City in any promotional materials, signage, reports, publications, notices, and presentations related to the Projects. This section shall survive the expiration or termination of this Agreement. Page 80 of 271 VRWJPO Contract #DCA21496 Page | 4 of 6 Joint Powers Agreement ARTICLE 8 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other parties, or officers, employees or agents or the other parties. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the VRWJPO and the City. Each party warrants that it can comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against any party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. This section shall survive the expiration or termination of this Agreement. ARTICLE 9 AUTHORIZED REPRESENTATIVES AND LIAISONS 9.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the Parties for this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be made to the following named persons and addresses unless otherwise stated in this Agreement, or an amendment of this Agreement: TO THE VRWJPO: Mike Slavik or successor, Chair Vermillion River Watershed Joint Powers Organization 4100 220th St. W #103 Farmington, MN 55024 Telephone: (651) 438-4427 mike.slavik@co.dakota.mn.us TO THE CITY: Justin Miller, City Administrator, or successor City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Telephone: (952) 985-4400 jmiller@lakevillemn.gov In addition, regarding termination of this Agreement by the shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 9.2 LIAISONS. To assist the Parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO and the City. The Parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: VRWJPO Liaison: Jeff Dunn Water Resources Engineer Telephone: (952) 891-7140 Email: jeff.dunn@co.dakota.mn.us City Liaison: McKenzie Cafferty Environmental Resources Manager Telephone: (952) 985-4520 Email: mcafferty@lakevillemn.gov Page 81 of 271 VRWJPO Contract #DCA21496 Page | 5 of 6 Joint Powers Agreement ARTICLE 10 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the Parties’ respective Board/Council, or as delegated by the Parties’ respective Board/Council, and signed by the Authorized Representatives, or delegated authority, of the Parties. ARTICLE 11 TERMINATION 11.1 IN GENERAL. Either of the Parties may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving 30 days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto.. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 11.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, either of the Parties may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if it’s funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. The VRWJPO is not obligated to pay for any reimbursable cost incurred by the City on either Project that are incurred by the City after written notice of termination for lack of funding by either of Parties. Neither the VRWJPO or City shall be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 12 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed under the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the expiration or termination of this Agreement. ARTICLE 13 MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. ARTICLE 14 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. ARTICLE 15 GOVERNMENT DATA PRACTICES The City and the VRWJPO must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained, or Page 82 of 271 VRWJPO Contract #DCA21496 Page | 6 of 6 Joint Powers Agreement disseminated under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the City, County, or the VRWJPO. ARTICLE 16 SURVIVABILITY The provisions of articles 7.3 (Construction and Design Failures), 7.5 (Operation and Maintenance), 8 (Indemnification) and 15 (Government Data Practices) survive the expiration or termination of this Agreement. ARTICLE 17 DEFAULT: FORCE MAJEURE No party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war fire, flood epidemic, pandemic, acts of civil or military authority, and natural disasters. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. VERMILLION RIVER WATERSHED CITY OF LAKEVILLE JOINT POWERS ORGANIZATION By:________________________________ By:_______________________________ Mike Slavik or successor, Chair Luke M. Hellier or successor, Mayor Date of Signature:____________________ Date of Signature:____________________ By:________________________________ Ann Orlofsky, City Clerk Date of Signature:____________________ Approved as to form: /s/ Brian J. Wisdorf 4/4/24 Assistant Dakota County Attorney/Date KS-24-175 VRW Res. No. 24-13 Page 83 of 271 Exhibit 1: 205th St. Hydrodynamic Separator Page 84 of 271 Exhibit 2: Avonlea Community Park Stormwater Reuse and Potable Water Recirculation Page 85 of 271 Date: 5/20/2024 Cedar Creek Villas 2nd Addition Final Plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Cedar Creek Villas 2nd Addition final plat. Overview Summergate Development has submitted a final plat application for 29 detached townhome lots, on 10.36 acres of land located west of Cedar Avenue (CSAH 23) and south of 200th Street. The Cedar Creek Villas preliminary plat of 66 detached townhome lots was approved by the City Council on April 18, 2022. The Cedar Creek Villas final plat of 37 detached townhome lots was approved by the City Council on July 5, 2022. The Cedar Creek Villas 2nd Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. Supporting Information 1. Final Plat Resolution 2. Signed development contract 3. Signed stormwater maintenance agreement 4. Planning report and exhibits 5. Engineering report Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 86 of 271 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-______ RESOLUTION APPROVING THE FINAL PLAT OF CEDAR CREEK VILLAS 2ND ADDITION WHEREAS, the owner of the property described as CEDAR CREEK VILLAS 2ND ADDITION has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the preliminary plat; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1.CEDAR CREEK VILLAS 2ND ADDITION final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract, final plat mylars, and stormwater maintenance agreement. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 20th day of May 2024. CITY OF LAKEVILLE Page 87 of 271 2 Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 24-____is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 20th day of May 2022 as shown by the minutes of said meeting in my possession. __________________________ Ann Orlofsky City Clerk (SEAL) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 88 of 271 1 230752v7 Cedar Creek Villas 2nd Addition (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) CEDAR CREEK VILLAS 2ND ADDITION CONTRACT dated ____________________, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and SUMMERGATE DEVELOPMENT, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for CEDAR CREEK VILLAS 2ND ADDITION (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part hereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer Page 89 of 271 2 230752v7 Cedar Creek Villas 2nd Addition following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans Page 90 of 271 3 230752v7 Cedar Creek Villas 2nd Addition may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the Page 91 of 271 4 230752v7 Cedar Creek Villas 2nd Addition City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way Page 92 of 271 5 230752v7 Cedar Creek Villas 2nd Addition D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2024, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with Page 93 of 271 6 230752v7 Cedar Creek Villas 2nd Addition the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, t he City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. The Developer is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins and along the creeks and wetlands within the buffer areas. Redundant silt fence is required along all wetlands and waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures shall be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcels and shall be paid with the final plat, calculated as follows: $156,326.50 x 2% = $3,126.53 Grading Cost Cedar Creek Villas 2nd Addition 2024 Rate MS4 Administration Fee Cedar Creek Villas 2nd Addition 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except Page 94 of 271 7 230752v7 Cedar Creek Villas 2nd Addition two (2) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. The final grading plan shall identify all fill lots in which building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. Page 95 of 271 8 230752v7 Cedar Creek Villas 2nd Addition The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan are submitted and approved by City staff. Cedar Creek Villas 2nd Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation and as-built record drawing preparation performed by the City’s in- house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to Page 96 of 271 9 230752v7 Cedar Creek Villas 2nd Addition be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction cost. 19. STORM SEWER. Previous additions of the Cedar Creek Villas preliminary plat included construction of a stormwater management basin (located in Outlot C, Cedar Creek Villas) to provide water quality treatment and rate control of the stormwater runoff generated from Cedar Creek Villas 2nd Addition. The stormwater management plan requires design and construction of a privately-owned/maintained water reuse system. Prior to the issuance of building permits, the Developer shall submit a design for the water reuse/irrigation system (sized for the entire Cedar Creek Villas preliminary plat) for City approval. In addition, the Stormwater Maintenance Agreement from Cedar Creek Villas must be amended to include the common-area lots within Cedar Creek Villas 2nd Addition. The Developer shall construct public storm sewer systems within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to a public stormwater management basin located with Outlot C, Cedar Creek Villas. Draintile construction is required in areas of non-granular soils within Cedar Creek Villas 2nd Addition for the street subgrade and lots. Any additional draintile construction, including perimeter draintile required for building footings, deemed necessary during construction by the City shall be the Developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and will be collected with the final plat, calculated as follows: Storm Sewer Charge Summary Gross Area of Cedar Creek Villas 2nd Addition 451,268 s.f. Less Area of Outlot A (Wetland, Buffer) (-) 48,110 s.f. Less Area of Outlot B (Future Development) (-) 6,367 s.f. Total Storm Sewer Charge Area 396,791 s.f. Page 97 of 271 10 230752v7 Cedar Creek Villas 2nd Addition 396,791 s.f. x $0.198/s.f. = $78,564.62 Net Area Cedar Creek Villas 2nd Addition 2024 Unit Rate Storm Sewer Charge Cedar Creek Villas 2nd Addition The Storm Sewer Charge for Outlot B will be collected at the time it is final platted into lots and blocks, at the rate in effect at the time of final plat approval. The Developer is eligible for a credit to the Storm Sewer Charge for conveying Outlot A (wetland and buffer) to the City, calculated as follows: 1.10 acres x $5,500/acre = $6,050.00 Area of Outlot A Cedar Creek Villas 2nd Addition Unit Rate Credit to Storm Sewer Charge Cedar Creek Villas 2nd Addition Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. The Developer shall construct and extend 8-inch public sanitary sewer within the subdivision from existing stubs located within Globe Drive (north of the Gothic Avenue intersection) and Glenbrook Path (north of the 201st Street intersection). The Developer shall extend public sanitary sewer to the west plat boundary (west of the Globe Drive and Glarus Lane intersection) to provide for future development. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and is required with the final plat, calculated as follows: 29 units x $327.00/unit = $9,483.00 Total Units Cedar Creek Villas 2nd Addition 2024 Unit Rate Sanitary Sewer Availability Charge Cedar Creek Villas 2nd Addition 21. WATERMAIN. The Developer shall construct and extend public 8-inch watermain within the subdivision from existing stubs located within Globe Drive (north of the Gothic Avenue intersection) and Glenbrook Path (north of the 201st Street intersection). The Developer shall extend public watermain to the west plat boundary (west of the Globe Drive and Glarus Lane intersection) and north plat boundary (at the 200th Street and Globe Drive intersection) to provide for future development. Page 98 of 271 11 230752v7 Cedar Creek Villas 2nd Addition 22. UNDERGROUNDING. Existing aboveground equipment (utility lines and poles) is located along the south side of 200th Street, adjacent to the parent parcels. The equipment must be relocated and maintained underground with development of Cedar Creek Villas 2nd Addition, consistent with the City’s Public Ways and Property Ordinance. The Developer shall provide a $7,288.24 security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations. 23. REMOVAL OF EXISTING ENCROACHMENTS. The Developer shall post a security in the amount of $17,000.00 with the final plat to ensure the removal of the existing structures, driveways and fences. The Developer shall post a security in the amount of $5,500.00 with the final plat to ensure the removal of existing septic systems. The Developer shall post a security in the amount of $1,500.00 to ensure abandonment of existing wells. 24. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction is restricted to the 200th Street and Globe Drive intersection, via Cedar Avenue (CSAH 23). Construction access and egress is not permitted on Hamburg Avenue. 25. PARKS, TRAILS, AND SIDEWALKS. The Developer shall construct five-foot wide concrete sidewalks, with pedestrian curb ramps along one side of all local streets. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a cash contribution with the final plat, calculated as follows: 29 units x $3,929.00 = $113,941.00 Total Units Cedar Creek Villas 2nd Addition 2024 Unit Rate Park Dedication Fee Cedar Creek Villas 2nd Addition The Park Dedication requirement for Outlot B will be collected at the time it is final platted into lots and blocks, at the rate in effect at the time of final plat approval. 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee in the amount of $3,150.00 for traffic control signs with the final plat. If traffic control signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. Page 99 of 271 12 230752v7 Cedar Creek Villas 2nd Addition The Developer shall pay a cash fee for one-year of streetlight operating expenses with the final plat, calculated as follows: 29 units x $40.48/unit = $1,173.92 Total Units Cedar Creek Villas 2nd Addition 2024 Rate Streetlight Operating Fee Cedar Creek Villas 2nd Addition 27. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for one-year of environmental resources management expenses with the final plat, calculated as follows: 29 units x $59.16/unit x 0.5 = $857.82 Total Units Cedar Creek Villas 2nd Addition 2024 Rate Utility Factor Environmental Resources Fee Cedar Creek Villas 2nd Addition 28. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post an $84,995.55 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. 29. TREE PRESERVATION. The tree preservation/inventory plan submitted with the Cedar Creek Villas preliminary plat identified approximately 1,006 existing significant trees located within the preliminary plat boundaries. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per Section 10-4-11 of the Subdivision Ordinance. 30. WETLAND. The wetland delineation for the site was completed and approved in 2021. The wetland delineation for the area outlined in the reports has been determined to be acceptable for use in implementing the Wetland Conservation Act. The plans propose to impact parts of three lower quality wetlands that are located within farm pasture. The total proposed wetland impact is 1.08 acres. A wetland replacement plan has been submitted and was approved 3/30/2022. Page 100 of 271 13 230752v7 Cedar Creek Villas 2nd Addition The remaining wetland and buffers will be placed in a City-owned outlot. The Developer shall install “Natural Area” signs along the wetland buffers (10 locations). Final locations must be reviewed by City staff prior to installation. The Developer is responsible for the establishment and enhancement of the wetland buffers. 31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 22, 2024, Planning Report, and May 3, 2024, Engineering Report. B. Before the City signs the final plat, the Developer shall convey Outlot A to the City by warranty deed, free and clear of any and all encumbrances. C. The Developer must place a “Future Street Extension” sign and barricades at the east terminus of Glarus Lane. D. The Developer shall grant to the City a temporary turnaround easement in a recordable form approved by the City over the temporary cul-de-sac at the east terminus of Glarus Lane. The Developer shall provide a cash escrow in the amount of $5,000.00 for the future removal of the cul-de-sac and restoration of the street. E. The Developer shall grant to the City a temporary utility easement in a recordable form approved by the City over the sanitary sewer and watermain located west of the plat boundary (west of the Globe Drive and Glarus Lane intersection) so that future utility connections do not impact any existing public streets. F. The Developer shall grant to the City a temporary public drainage and utility easement along the north and east property lines of Outlot B in a recordable form approved by the City. G. The Developer shall submit documents establishing a Homeowners Association to provide for ownership and maintenance of Lot 8, Block 1, Lot 9, Block 2, Lot 6, Block 3, and Lot 10, Block 4, for review and approval by the City Attorney prior to recording of the final plat. H. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked Page 101 of 271 14 230752v7 Cedar Creek Villas 2nd Addition with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $3,500.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 35 lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. I. The Developer shall pay a cash fee for the preparation of addressing, property data, and City base map updating. This fee is $90.00 per lot/outlot for a total charge of $3,150.00. J. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $9,800.00 and consists of seven (7) post-top streetlights at $1,200.00, and one (1) mast-arm streetlight at $1,400.00 each. K. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank ("security") for $1,605,870.76. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $224,773.40 B. Watermain 251,529.00 C. Storm Sewer 244,042.00 D. Streets 446,008.00 Page 102 of 271 15 230752v7 Cedar Creek Villas 2nd Addition E. Grading, Erosion Control and Vegetation Establishment 156,326.50 CONSTRUCTION SUB-TOTAL $1,322,678.90 OTHER COSTS: A. Developer’s Design (3.0%) $39,680.37 B. Developer’s Construction Survey (2.5%) 33,066.97 C. City Legal Expenses (Est. 0.5%) 6,613.39 D. City Construction Observation (Est. 5.0%) 66,133.95 E. City Record Drawings (0.5%) 6,613.39 F. Remove Existing Structures, Driveways, Fences 17,000.00 G. Remove Existing Septic Systems 5,500.00 H. Abandon Existing Wells 1,500.00 I. Undergrounding of Overhead Facilities 7,288.24 J. Natural Area Signs 1,500.00 K. Landscaping 84,995.55 L. Streetlights 9,800.00 M. Lot Corners/Iron Monuments 3,500.00 OTHER COSTS SUB-TOTAL $283,191.86 TOTAL SECURITIES: $1,605,870.76 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all Page 103 of 271 16 230752v7 Cedar Creek Villas 2nd Addition financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Temporary Cul-De-Sac Removal/Restoration $5,000.00 B. Park Dedication 113,941.00 C. Sanitary Sewer Availability Charge 9,483.00 D. Storm Sewer Charge 78,564.62 E. MS4 Administration Fee 3,126.53 F. Traffic Control Signs 3,150.00 G. Street Light Operating Fee 1,173.92 H. Environmental Resources Expenses 857.82 I. Property Data and Asset/Infrastructure Management Fee 3,150.00 J. City Engineering Administration (3% for letters of credit) 39,680.37 SUBTOTAL – CASH REQUIREMENTS $258,127.26 CREDITS TO CASH REQUIREMENTS Storm Sewer Charge Credit (Outlot A) $6,050.00 SUBTOTAL - CREDITS TO CASH REQUIREMENTS $6,050.00 TOTAL CASH REQUIREMENTS $252,077.26 34. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are Page 104 of 271 17 230752v7 Cedar Creek Villas 2nd Addition furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 35. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Page 105 of 271 18 230752v7 Cedar Creek Villas 2nd Addition Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to City or MCES sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 36. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 37. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. Page 106 of 271 19 230752v7 Cedar Creek Villas 2nd Addition E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except two (2) model homes on lots acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that Page 107 of 271 20 230752v7 Cedar Creek Villas 2nd Addition there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: 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 Page 108 of 271 21 230752v7 Cedar Creek Villas 2nd Addition The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order Page 109 of 271 22 230752v7 Cedar Creek Villas 2nd Addition as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 17305 Cedar Avenue, Suite 200, Lakeville, Minnesota 55044. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. Page 110 of 271 23 230752v7 Cedar Creek Villas 2nd Addition CITY OF LAKEVILLE BY: ___________________________________________ Luke M. Hellier, Mayor (SEAL) AND __________________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC Page 111 of 271 Page 112 of 271 27 230752v7 Cedar Creek Villas 2nd Addition EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as CEDAR CREEK VILLAS 2ND ADDITION The West 660.00 feet of the East 1320.00 feet of the North 660.00 feet of the North 1/2 of the Northeast 1/4 of Section 28, Township 114, Range 20, Dakota County, Minnesota. AND Outlot D, Cedar Creek Villas, Dakota County, Minnesota according to the recorded plat thereof. Page 113 of 271 230960v4 AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT (Cedar Creek Villas and Cedar Creek Villas 2nd Addition) THIS AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT (the “Agreement”) is made and entered into as of _____________, 2024, by and between SUMMERGATE DEVELOPMENT, LLC, a Minnesota limited liability company (the “Owner”) and the CITY OF LAKEVILLE, a Minnesota municipal corporation (the “City”). RECITALS A. Summergate Development, LLC, a Minnesota limited liability company (“Summergate”) and the City of Lakeville entered into a Stormwater Management/Best Management Practice Facilities and Easement Agreement dated July 5, 2022, recorded in the Office of the County Recorder of Dakota County, Minnesota on October, 2022 as Document Number 3563238 (“Original Agreement”); B. The Owner is the owner of certain real property located in Dakota County, Minnesota legally described in Exhibit A attached hereto ("Owner Property"), a portion of which was subject to the Original Agreement; C. The City is the fee owner of certain real property located in Dakota County, Minnesota legally described in Exhibit B attached hereto (“City Property”); D. The Owner previously received approval of the final plat for the Cedar Creek Villas plat and has requested City approval of the final plat for the proposed development of the Cedar Creek Villas 2nd Addition plat (“Plat Approvals”); E. The final plans for Cedar Creek Villas and Cedar Creek Villas 2nd Addition, hereinafter called the "Plans", submitted in support of the Plat Approvals, which are expressly made a part hereof, as approved or to be approved by the City, provides for detention/retention of stormwater within the confines of the Owner Property and a portion of the City Property legally described and depicted in Exhibit C attached hereto (“Owner License Area”); and F. The Owner and City desire to amend and restate the Original Agreement to include the stormwater maintenance requirements for Cedar Creek Villas 2nd Addition; G. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Lakeville, Minnesota, require that on-site stormwater management/BMP facilities be constructed and maintained on the Owner Property and the City Property; and H. The City requires that on-site stormwater management/BMP facilities (“Stormwater Facilities”) as shown on the Plans be constructed and adequately maintained by the Owner as a condition of Plat Approvals; and I. As a condition of plat approval for Cedar Creek Villas and Cedar Creek Villas 2nd Addition the Owner is required to enter into this Agreement and grant to the City a license for access, Page 114 of 271 230960v4 drainage and utility over the Owner Property to comply with work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plans. 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the Stormwater Maintenance Plans included within the Plans and the City engineering standards for stormwater treatment facilities attached hereto as Exhibit D. This includes all pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be inspected and submit an inspection report annually to the City and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A stormwater treatment basin will be considered inadequate if it is not compliant with all requirements of the approved Plan and City engineering standards set forth in Exhibit D. 4. City Access and Maintenance Rights. A. The Owner hereby grants a non-exclusive license to the City, its authorized agents and employees, to enter upon the Owner Property to inspect the Stormwater Facilities whenever the City deems necessary and to complete any maintenance, if necessary, subject and pursuant to the terms of subparagraph B below. The City shall provide written notice to the Owner fourteen (14) days prior to entry. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Owner Page 115 of 271 230960v4 Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report within the Owner Property and City Property. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs incurred by the City for such repairs to the Owner, its successors or assigns, which costs shall be paid by the Owner to the City within thirty (30) days’ notice of the charge. If Owner fails to make payment for the charges under this Agreement, the City may assess the City’s costs to the Owner’s property taxes. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the area designated in the Plans for the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences therefrom the Stormwater Facilities. The Owner expressly agrees to defend and hold the City harmless from any such third-party claim. 5. Reimbursement of Costs. The Owner agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 7. License to Use City Property. A. The City hereby grants Owner a non-exclusive license to use the City Property solely for the purpose of installing the Stormwater Facilities, stormwater drainage and maintenance of the Stormwater Facilities in accordance with the terms of this Agreement. B. Owner acknowledges that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the City property by virtue of Owner’s use of the City property under this Agreement. The City reserves the right to access and use the City Property at all times and for any purpose. C. Owner shall not permit any lien to be filed against the City Property for any labor or materials in connection with work of any kind performed or claimed to have been performed on City Property at the direction or sufferance of the Owner and shall, in any event, hold the City Page 116 of 271 230960v4 harmless for and against any such lien, including attorney’s fees and costs. In the event any such lien is filed against the Property or the License Area or any improvements thereon, the City shall have the right, but not the obligation, to cause such lien to be released and Owner shall pay on demand all of the City’s costs, including reasonable attorney’s fees, together with interest thereon accruing from and after the date of such demand until the City’s receipt of full payment for the costs and fees incurred. D. Owner shall indemnify, defend and hold the City harmless from and against any and all actions and liabilities relating to the loss of life, bodily injury and/or property damage occurring on the City Property as a result of the intentional acts and/or negligence of the Owner or its agents or as a result of Owner’s use of the City Property, including reasonable attorney’s fees and costs thereof. Owner’s obligation to defend shall include engagement of counsel for the City reasonably acceptable to the City. E. Neither Owner nor any agent of Owner shall store, use, dispose or otherwise place upon, under or about the City Property any “hazardous materials,” “hazardous substances,” “pollutants,” hazardous wastes” or “contaminants” as the same are defined by any applicable state or federal law, rule or regulation. F. The City may terminate the license or any portion of the rights granted under the license upon 60 days’ written notice to Owner. Upon termination of the Owner’s right to access City Property, the City may take over the responsibilities under this Agreement for stormwater maintenance within the City Property and bill such costs to Owner and Owner shall be responsible for payment of the costs for stormwater maintenance within 30 days’ receipt of the invoice for the costs incurred by the City. If the license is terminated in its entirety, Owner shall be responsible for establishing the necessary Stormwater Facilities on Owner’s Property to serve the Property within 180 days’ written notice of the termination and providing the necessary easement, plans and agreement for the maintenance and inspection of the Stormwater Facilities. 9. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: Summergate Development, LLC C/O Bryan Tucker 17305 Cedar Avenue, Suite 200 Lakeville, Minnesota 55044 To the City: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Attn: City Administrator or to such other party at such other address as such party, by ten (10) days prior written notice given as provided, shall designate. All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. Page 117 of 271 230960v4 10. Successors/Covenants Run with Property. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner’s successors and assigns, jointly and severally. The terms and conditions of this Agreement shall run with the Owner Property. 11. Effect of Original Agreement. This Agreement amends, restates, and supersedes, in its entirety, the Original Agreement as it pertains to the Property. [Remainder of the page is intentionally left blank. Signature pages to follow.] Page 118 of 271 Page 119 of 271 230960v4 CITY OF LAKEVILLE By: Luke M. Hellier, Mayor (SEAL) And: Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt Page 120 of 271 230960v4 EXHIBIT A TO AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT Legal Description Of The Property Lot 4, Block 1, Lot 6, Block 2, Lot 15, Block 3, Lot 5, Block 4, Lot 5, Block 5, and Lot 8, Block 6, Cedar Creek Villas, Dakota County, Minnesota, according to the recorded plat thereof. And Lot 8, Block 1, Lot 9, Block 2, Lot 6, Block 3, and Lot 10, Block 4, Cedar Creek Villas 2nd Addition, Dakota County, Minnesota, according to the recorded plat thereof. Page 121 of 271 230960v4 EXHIBIT B TO AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT Legal Description Of City Property Outlot C, Cedar Creek Villas, Dakota County, Minnesota, according to the recorded plat thereof. Page 122 of 271 10 230960v4 EXHIBIT C TO AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT Legal Description of Owner License Area That portion of Outlot C, CEDAR CREEK VILLAS, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the northwest corner of said Outlot C; thence South 00 degrees 03 minutes 05 seconds East, assumed bearing along an easterly line of said Outlot C, a distance of 115.00 feet to a northerly line of said Outlot C; thence South 89 degrees 56 minutes 55 seconds West, along said a northerly line a distance of 20.72 feet to the point of beginning; thence continuing South 89 degrees 56 minutes 55 seconds West, along said a northerly line a distance of 50.00 feet to a westerly line of said Outlot C; thence South 00 degrees 03 minutes 05 seconds East, along said a westerly line a distance of 82.04 feet; thence North 89 degrees 56 minutes 55 seconds East, a distance of 50.00 feet; thence North 00 degrees 03 minutes 05 seconds East, a distance of 82.04 feet to the point of beginning. Page 123 of 271 11 230960v4 EXHIBIT C Page 2 TO AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT Page 124 of 271 12 230960v4 EXHIBIT D TO AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT CITY OF LAKEVILLE ENGINEERING STANDARDS FOR STORMWATER TREATMENT FACILITIES Stormwater Re-use System Requirements 1. Annual inspection, maintenance reporting for plumbing and electrical system components of pumping equipment. 2. Annual inspection, maintenance and repair of private irrigation system components (sprinkler heads, valves, electrical components, etc.) that are fed from stormwater re-use basin. 3. Annual winterization (shut off) and startup of system. Page 125 of 271 1 City of Lakeville Community Development Dept Memorandum To: Tina Goodroad, Community Development Director From: Kris Jenson, Planning Manager Date: April 22, 2024 Subject: Cedar Creek Villas 2nd Addition Final Plat Application Action Deadline: July 5, 2024 INTRODUCTION Summergate Development has submitted an application and plans for the final plat of Cedar Creek Villas 2nd Addition, which includes 29 detached townhome lots located west of Cedar Avenue (CSAH 23) and north of 202nd Street (CSAH 50). This is the second and final phase of the preliminary plat of 66 detached townhomes lots that was approved by the City Council on April 18, 2022. The Cedar Creek Villas final plat of 37 detached townhome lots was approved by the City Council on July 5, 2022. The lot, block and street design of the Cedar Creek Villas 2nd Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Aerial Photo Map B. Approved Preliminary Plat C. Final Plat PLANNING A NALYSIS Existing Conditions. The Cedar Creek Villas 2nd Addition final plat area consists of a 10-acre parcel, which currently has a single-family home and other structures that will be removed prior to construction of the subdivision. The plat also includes a 0.36 acre outlot platted with the Cedar Creek Villas final plat, which was intended to be included with this second phase of the development. (Exhibit A) Page 126 of 271 2 Zoning. The parcel is zoned RST-2, Single-and Two-Family Residential District and detached townhomes are a permitted use within the district. TOWNHOME DEVELOPMENT STANDARDS Lot Requirements. The following minimum requirements for townhome building setbacks in the RST-2 District pertain to the Cedar Creek Villas 2nd Addition final plat: Base Lot Between Detached Units Front Yard (to ROW) RST-2 30 feet 14 feet 20 feet (front) 25 feet (garage) The unit lots shown on the Cedar Creek Villas 2nd Addition final plat have sufficient area to accommodate the detached townhome units. The RST-2 District requires at least 5,000 square feet per unit. The Cedar Creek Villas 2nd Addition final plat has an average of about 9,400 square feet per unit for the townhome area, which exceeds the minimum lot area per unit requirements of the RST-2 District. Common Areas. The Developer must establish a homeowner’s association (HOA) for the ownership and maintenance of the following common area lots: • Lot 8, Block 1 • Lot 9, Block 2 • Lot 6, Block 3 • Lot 10, Block 4 Development Density. The Cedar Creek Villas 2nd Addition final plat consists of 29 detached townhome lots on 10.36 acres for a gross density of 2.8 units per acre. Removing the outlots leaves 9.11 acres to be developed, resulting in a net density of 3.18 units per acre. Phasing. This is the second and final phase of the Cedar Creek Villas development. Outlots. There are two outlots proposed with the Cedar Creek Villas 2nd Addition final plat. Outlot A is 1.10 acres in area and consisting of a wetland and buffers that will be deeded to the City with the final plat. Outlot B is 0.15 acres in area and will be retained by the developer for future development. Access. Cedar Creek Villas 2nd Addition will have access from 200th Street as well as from the existing Cedar Creek Villas development. Streets & Right-of-Way. Cedar Creek Villas 2nd Addition is adjacent to and will include the construction of the following streets: Page 127 of 271 3 200th Street is north of and adjacent to the property and is classified as a minor collector street in the Comprehensive Transportation Plan. The street is currently a rural gravel roadway. The Developer is dedicating 40 feet of south half right of way. Future construction of 200th Street will include a sidewalk on the south side of the street. The Developer must provide a cash escrow for the future construction of the south half of 200th Street, including a five-foot-wide concrete sidewalk. Glenbrook Path will be a 32-foot-wide street within a 60-foot-wide right-of-way that will be extended north from its current terminus. Glenbrook Path will have a five-foot-wide sidewalk along one side of the street. Globe Drive will be a 32-foot-wide residential street constructed within a 60-foot-wide right-of- way with a five-foot-wide concrete sidewalk along one side of the street. It will be extended north from its current terminus and will intersect with 200th Street. Glarus Lane will be a 32-foot-wide residential street constructed within a 60-foot-wide right-of- way with a five-foot-wide concrete sidewalk along one side of the street. At the east end of the street, a temporary cul de sac will be required, with the Developer providing a temporary easement over the temporary turnaround area as well as submit a $5,000 cash escrow for the future removal of the temporary cul de sac and street reconstruction at the time the street is extended east. The Developer is also required to place a future street extension sign and barricades at the east end of the street. Trails. The Developer is required to construct five-foot-wide concrete sidewalks along one side of all streets in the development. A five-foot-wide concrete sidewalk will be constructed in the future with 200th Street. Buffer Yard/Landscaping. Cedar Creek Villas 2nd Addition is adjacent to 200th Street, a minor collector street. With this plat, nine detached townhome lots will be directly adjacent to 200th Street. The developer is proposing to a variety of overstory and evergreen trees, as well as shrubs to serve as a buffer yard for these units. A security of $84,955.55 is required to guarantee installation of the landscaping. Park Dedication. The City’s Parks Trails and Open Space Plan does not identify a park location in this area so the Cedar Creek Villas 2nd Addition park dedication requirement will be satisfied through a cash contribution of $167,446.00. Please see the May 3, 2024 engineering report for more details. Tree Preservation. A tree preservation plan was approved with the preliminary plat. The plan identified 1,006 significant trees, with 34 (3.3%) to be saved. The bulk of the trees identified for removal are located within the second phase of development. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per Section 10-4-11 of the Subdivision Ordinance. Page 128 of 271 4 Wetlands. A wetland delineation was completed and approved for the site in 2021. The total wetland impact is proposed to be 1.08 acres and a wetland replacement plan was approved on March 30, 2022. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Grading, drainage and erosion control is discussed in more detail in the May 3, 2024 engineering report. RECOMMENDATION The Cedar Creek Villas 2nd Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Planning Department staff recommends approval of the Cedar Creek Villas 2nd Addition final plat subject to the following conditions: 1. The recommendations listed in the May 3, 2024 engineering report. 2. Outlot A must be deeded to the City with the Cedar Creek Villas 2nd Addition final plat. 3. A five-foot-wide concrete sidewalk shall be constructed along one side of local residential streets at the developer’s expense as shown on the approved final plat plans. 4. A temporary cul de sac is required at the east terminus of Glarus Lane. The Developer must grant the City a temporary turnaround easement over the temporary cul de sac location as well as provide a $5,000 cash escrow for the future removal of the cul de sac and restoration of the street. 5. A “Future Street Extension” sign and barricades must be placed at the east terminus of Glarus Lane. 6. A homeowner’s association must be established for ownership and maintenance of the following lots: • Lot 8, Block 1 • Lot 9, Block 2 • Lot 6, Block 3 • Lot 10, Block 4 7. The developer shall pay $167,446.00 in park dedication fees with the final plat. 8. Landscaping shall be installed consistent with the approved landscape plan. A security of $84,995.55 is required to be submitted with the final plat to guarantee installation of the landscaping. Page 129 of 271 Source: Esri, Maxar, Earthstar Geographics, and the GIS User CommunityCEDAR AVE (CSAH 23)200TH ST City of Lakeville Cedar Creek Villas 2nd Addition Final Plat EXHIBIT A 202ND ST (CSAH 50) Cedar Creek Villas 2nd Addition plat location GLENBROOK P A THGLOBE DRGLANVILLE WAY201ST ST G L EN B ROO K PATHPage 130 of 271 STREET 6STREET 4STREET 5 STREET 3STREET 3 STREET 1STREET 1STREET 1 STREET 2200TH STREET WEST202ND STREET WEST (C.S.A.H. NO. 50) CEDAR AVENUE (C.S.A.H. NO. 23)GASGASGASGASGASGASGASGASGAS GASGASGASGASGASGAS GASGASGASGAS GASGAS5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf47,644 sf21,263 sf9056 9056 9056 9056 9056 9056 9056 9056 9056 90569056 9056 9056 9056 9056 9056905690569056 9056 9056 90569056905690569056905690569056905690569056905690569056905690569056 905090 509519056 83 9056905690569056 90569056 90569056 90569056 90569056905690569056905690569056905690 56905690 56905690 56905690 5690 569056905690 569056 9056905690569056905690569056905690569056905690569056 90509050 9056 9056 9056 9056 9056 9056 9056 9056 9056 9056 90 56905690 56905690 56905690 56905690 56905690 569056 905690 5690 56905690 56905690 56905690 56905690 56905690 56905690 56905690 56905684637570219714683162217 6004015560405600155273 60221106126452146 139 105 146 1373521091234018263916236 9342234575611169111 378 9048 98556905 1 8 835 6 660 6606591322 25,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,022 sf5,021 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf111,265 sf322656159214 11169 111905690569056905690 5690569056905690 56905690 569056 90 5690 56905690569056905690 518356 90 5090 50905 1 835 6 8556 9048 9056 9056 9056 9056 9050 9050 9056 9056 9056 9056 9056 905629,161 sf14,483 sf61575118 702 1976913711523905690 56905690 569056 9056 9056 9056 9056 9056 9056 9056 9056 9056 9056 9056 9056 9056 90569056 9056 905611450511 261151461621509056905690569056905690569056905690569056905690569056905690569056569056905690 56905690 56905690 564266539412375 409149 90 56905690 56905690569056 22,607 sf88,537 sf42,623 sf4,500 sf4,500 sf5,024 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf5,040 sf123,960 sfFUTURE PONDPOSSIBLE OUTLET=1020.0MAXIMUM HWL=1022.040R/W40R/W6060R/W60R/W61.74R/W60R/W 60R/W60R/W60R/W60R/WR60R4675R/W75R/W503141536040 60R/W32B-B32B-B32B-B32B-B32B-B32B-B 32B-B32B-B200'PROPOSEDGAS EASEMENT200'PROPOSEDGAS EASEMENT30NWLPONDWETLANDEXISTING 10' BIT TRAIL17'WETLANDBUFFER17'WETLANDBUFFERWETLANDMONUMENTSIGN 38243152467891012143657891011121110987654313123456789 10111213123456789101112131412345151234763512121512536OUTLOT AOUTLOT BOUTLOT COUTLOT DN:\0032488.00\DWG\CIVIL\PRELIMINARY\0032488C-PPP01.DWG 253PROJECT NUMBER: 0032488.00LAKEVILLE, MN04/11/22SRMCHFSRM© 2022 Westwood Professional Services, Inc.CEDAR CREEK VILLASPRELIMINARY PLAT17305 CEDAR AVE S. #200LAKEVILLE, MN 55044CEDAR CREEK VILLAS12/10/21SUMMERGATE DEVELOPMENT INC.04/11/2253774NICHOLAS T. MEYERSHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone(952) 937-515012701 Whitewater Drive, Suite #300Fax(952) 937-5822 Minnetonka, MN 55343Toll Free(888) 937-5150DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com100'02/11/2203/11/2204/11/22..CITY COMMENT REVISIONSCITY COMMENT REVISIONSCITY COMMENT REVISIONS..0'100'200'300'1" = 100'·EXISTING ZONING:RST-2·GROSS SITE AREA:30.0 AC (1,306,818 SF)MAJOR R.O.W. (CEDAR AVE, 202ND ST):3.63 AC (158,314 SF)200 FT PIPELINE EASEMENT:1.39 AC (60,618 SF) WETLANDS: 1.57 AC (68,520 SF)·NET SITE AREA:23.41 AC (1,019,740 SF)·DEVELOPMENT SUMMARYDETACHED TOWNHOMES:66 LOTS·PROJECT DENSITY:GROSS: NET: LOT STANDARDSDEVELOPMENT NOTESPROPERTY LINECURB AND GUTTERRETAINING WALLPROPOSEDTIP-OUT CURB AND GUTTERSITE LEGENDPAD LOT DEPTHFRONTREARSTANDARDDETACHEDTOWNHOMES70 FT20 FT TO R/W (MIN);25 FT TO GARAGE (MIN)50 FT TO CEDAR AVE;200TH ST.; 202ND ST.OUTLOT TABLEAWETLANDBCITYPONDING/WETLAND2.55 ACPROPERTY DESCRIPTION56'90'21SITE DEVELOPMENT DATA1. ALL LOT DIMENSIONS ARE ROUNDED TO THE NEAREST FOOT.2. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.3. STREET NAMES ARE SUBJECT TO APPROVAL BY THE CITY.4. DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED AS REQUIRED. DRAINAGE AND UTILITYEASEMENTS WILL BE PROVIDED OVER ALL PUBLIC UTILITIES AND UP TO 1 FOOT ABOVE THEHIGH WATER LEVEL OF ALL PONDS.5. STREET WIDTHS ARE SHOWN FROM BACK OF CURB TO BACK OF CURB.SETBACK LINEEASEMENT LINELOT LINEPOND NORMAL WATER LEVELEXISTINGPAD LOT WIDTHSETBACKSSIDE INTERIOR LOTSIDE CORNER LOT46 FT14 FT BTW BUILDINGS20 FT TO R/WOUTLOTGROSSAREAUSE OWNERSHIPCITY2.03 ACPONDING0.49 ACCCITYTYPICAL DETACHEDTOWNHOME DETAIL56'90'X,XXX SFThe West 661.02 feet of the East 1321.74 feet of that part of the North one-half (N1/2) of the NortheastQuarter (NE 1/4) of Section Twenty-eight (28), Township One Hundred Fourteen (114), Range Twenty (20),lying Southerly of the North 660 feet thereof, Dakota County, Minnesota.ANDThe East 660.72 feet of that part of the North One-half (N1/2) of the Northeast Quarter (NE1/4), lyingSoutherly of the North 660.00 feet thereof in Section 28, Township 114, Range 20, Dakota County,Minnesota.ANDThe West 660.00 feet of the East 1320.00 feet of the North 660.00 feet of the North 1/2 of the Northeast 1/4 of Section28, Township 114, Range 20, Dakota County, Minnesota.Abstract Property46'46'70' 70'BUILDING PADUNIT LINESTREETLOT DIMENSIONPAD DIMENSIONLOT NUMBERUNIT AREA25 10 10 55ROAD RIGHT OF WAYFRONT BUILDINGSETBACK±2.20 UN/AC±2.81 UN/ACFUTURE DEVELOPMENT0.15 ACDDEVELOPEREXHIBIT BPage 131 of 271 123456789101212345678765439123456413GLARUS LANEGLOBE DRIVE GLENB R O O K P A T H 200TH STREET WEST82OUTLOT A OUTLOT B East line of the West 660.00 ft of the East 1320.00 ftof the N 1/2 of the NE 1/4 of Sec. 28South line of theNorth 660.00 ft ofthe N 1/2 of theNE 1/4 of Sec. 28North line of the N 1/2 ofthe NE 1/4 of Sec. 28West line of the East 1320.00 ft of theN 1/2 of the NE 1/4 of Sec. 28 Found 1/2 InchOpenFound 1/2Inch Open;LS #7734 FoundNailS00°26'24"W 660.03 S89°55'23"W 660.03S00°26'24"W 660.03N89°55'23"E 239.17N89°33'36"W 236.28S89°55'23"W 124.98S00°04'37"E40.00S00°26'24"W44.05N89°55'23"E60.00S00°04'05"E6.18S89°55'23"W 660.0330.0030.0030.0030.0030.00 30.00 40.00 630.0330.00S00°26'24"W 660.03 S89°55'23"W 630.03N00°04'37"W 175.99 ∆=21°33'26" R=250.00 L=94.06 ∆=21°33'26" R=400.00 L=150.50 S00°04'37"E20.18 462.40167.63435.02 225.01GLOBEDRIVES00°04'37"E 90.00N00°04'37"W 90.00S00°04'37"E 90.00N00°04'37"W 90.00N89°33'36"W 90.00S89°33'36"E 90.00N89°33'36"W 90.00S89°33'36"E 90.00N89°33'36"W 90.00S89°33'36"E 90.00N89°33'36"W 90.00S89°33'36"E 90.00N89°33'36"W 90.00S89°33'36"E 90.00N89°55'23"E 56.00S89°55'23"W 56.00S89°55'23"W 56.00N89°55'23"E 56.00S00°26'24"W 56.00N00°26'24"E 56.00N00°26'24"E 56.00N00°26'24"E 56.00N00°26'24"E 56.00N00°26'24"E56.00S00°26'24"W56.00 S00°26'24"W 56.00 S00°26'24"W 56.00 S00°26'24"W 56.00 137.19N00°26'24"E 335.10 N00°04'37"W 115.00121.28449.07115.0068.73196.75S00°04'37"E 115.00N89°55'23"E23.22S89°55'23"W26.35S00°04'05"E 335.78 S00°04'37"E 90.00N89°55'23"E 56.00N00°04'37"W 90.00 S89°55'23"W 56.00S89°55'23"W 56.00S00°04'37"E 90.00 N00°04'37"W 90.00N89°55'23"E 56.00S00°04'37"E 90.00 N89°55'23"E 56.00N00°04'37"W 90.00 S89°55'23"W 56.00S89°55'23"W 90.00N89°55'23"E 90.00S89°55'23"W 90.00N89°55'23"E 90.00S89°55'23"W 90.00N89°55'23"E 90.00S89°55'23"W 90.00N89°55'23"E 90.00S89°55'23"W 90.00N89°55'23"E 90.00N00°04'37"W56.00 N00°04'37"W 56.00 N00°04'37"W 56.00 N00°04'37"W 56.00 N00°04'37"W 56.00 S00°04'37"E 56.00S00°04'37"E 56.00S00°04'37"E 56.00S00°04'37"E 56.00S00°04'37"E56.00 145.99 ∆=21°33'26" L=82.77 ∆=21°33'26" L=161.79 60.18 S00°04'37"E 90.00 N00°04'37"W 90.00 S89°55'23"W 56.00N89°55'23"E 56.00N89°33'36"W 90.00S89°33'36"E 90.00N89°33'36"W 90.00S89°33'36"E 90.00N89°33'36"W 90.00S89°33'36"E 90.00N89°33'36"W 90.00S89°33'36"E 90.00N00°26'24"E 56.00 S00°26'24"W 56.00 S00°26'24"W 56.00 N00°26'24"E 56.00 N00°26'24"E 56.00 S00°26'24"W 56.00 S00°26'24"W 56.00 N00°26'24"E 56.00179.1720.18 ∆=21°33'26" L=139.21 ∆=21°33'26" L=105.35 145.99 76.25300.01 N89°55'23"E 60.16S00°04'37"E 105.00 105.00 61.11S00°04'37"E 90.00N00°04'37"W 90.00S00°04'37"E 90.00N00°04'37"W 90.00S00°04'37"E 90.00N00°04'37"W 90.00S00°04'37"E 90.00N00°04'37"W 90.00S00°04'37"E 90.00 N00°04'37"W 90.00 S00°04'37"E 90.00 N00°04'37"W 90.00 S00°04'37"E 90.00 N00°04'37"W 90.00 S00°04'37"E 90.00 N00°04'37"W 90.00 S00°04'37"E 90.00 N00°04'37"W 90.00N89°55'23"E 56.00N89°55'23"E 56.00N89°55'23"E 56.00N89°55'23"E 56.00N89°55'23"E 56.00N89°55'23"E 56.00N89°55'23"E56.00N89°55'23"E 56.00N89°55'23"E 56.00S89°55'23"W 56.00S89°55'23"W 56.00S89°55'23"W56.00S89°55'23"W 56.00S89°55'23"W 56.00S89°55'23"W 56.00S89°55'23"W 56.00S89°55'23"W 56.00S89°55'23"W 56.00600.02600.02155.01 155.01S45°25'42"E21.34N89°55'23"E5.00S31°36'44"E52.52S00°26'24"W4.50S00°26'24"W4.50S00°26'24"W4.50S00°26'24"W4.50S81°54'33"W15.17 S18°30'43"E15.81N89°55'23"E4.25N89°55'23"E4.25S09°25'00"W 38.02S76°17'39"W21.22S69°26'48"W14.29S44°19'24"W7.00S00°21'00"W5.00S82°47'29"W20.14 S45°33'02"E21.39S39°02'53"E53.66S53°23'23"W8.30S75°11'00"W19.00S72°00'30"W15.81S74°34'11"E73.49N16°38'20"W52.16N33 ° 5 2 ' 0 3 " E 60.2 7N89°55'23"E5.00N89°55'23"E5.00N89°55'23"E12.50N89°55'23"E5.00N89°55'23"E5.00N89°55'23"E5.00N89°55'23"E5.00N89°55'23"E5.0040 403030303030303030 30 3030303030Drainage & Utility Easementover all of Lot 8, Block 1Drainage & UtilityEasement over all ofLot 9, Block 2Drainage & UtilityEasement over all ofLot 6, Block 3Drainage & Utility Easementover all of Lot 10, Block 45555Drainage& UtilityEasementDrainage& UtilityEasement33 33 3333Varies 60East line of the N 1/2 ofthe NE 1/4 of Sec. 28 NE Corner of the NE 1/4 ofSection 28, Twp. 114, Rge. 20Found PK w/Washer04080120Sheet 2 of 2 SheetsCEDAR CREEK VILLAS 2ND ADDITION1320.001320.00660.00660.00SET 1/2" BY 14" REBAR WITH CAP #43055FOUND MONUMENT, LS #53596, UNLESS AS NOTED ON SURVEYSCALE: 1 INCH = 40 FEETSCALE IN FEETTHE NORTH LINE OF THE NORTH HALF OF THE NORTHEASTQUARTER OF SECTION 28, TOWNSHIP 114, RANGE 20, ISASSUMED TO BEAR S 89°55'23" W(NOT TO SCALE)CITY OF LAKEVILLESECTION 28, TOWNSHIP 114, RANGE 20VICINITY MAPSITECSAH 50 (202ND STREET W)200TH STREET WCSAH 23 (CEDAR AVENUE)EXHIBIT CPage 132 of 271 City of Lakeville Public Works – Engineering Division Memorandum To:Kris Jenson, Planning Manager From:Zach Johnson, City Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy:Julie Stahl, Finance Director Tina Goodroad, Community Development Director Dave Mathews, Building Official Date:May 3, 2024 Subject:Cedar Creek Villas 2nd Addition •Final Plat •Final Utility Plan •Final Grading and Erosion Control Plan BACKGROUND Summergate Development, LLC submitted a final plat named Cedar Creek Villas 2nd Addition. This is the second and final phase of the Cedar Creek Villas preliminary plat approved by the City Council on April 18, 2022. The proposed subdivision is located south of and adjacent to 200th Street, west of Cedar Avenue (CSAH 23) and north of 202nd Street (CSAH 50). The parent parcels consist of a metes and bounds parcel (PID No. 22-02800- 01-026) and Outlot D, Cedar Creek Villas, and are zoned RST-2, Single and Two Family Residential District. The final plat consists of 29 detached townhome residential lots and four common-area lots within four blocks, and two outlots on 10.36 acres. The outlots created with the final plat have the following uses: Outlot A: Wetland and buffer; deeded to City (1.10 acres) Outlot B: Future Development; retained by Developer (0.15 acres) Page 133 of 271 CEDAR CREEK VILLAS 2ND ADDITION – FINAL PLAT MAY 3, 2024 PAGE 2 OF 10 The development will be completed by: Developer: Summergate Development, LLC Engineer/Surveyor: Westwood Professional Services SITE CONDITIONS The Cedar Creek Villas 2nd Addition site consists of undeveloped land. The west ½ appears to have been naturally preserved for passive recreation, while the east ½ is heavily wooded with an existing homestead at the northeast corner. All existing structures, accessory buildings, driveways and aprons, fences and septic systems shall be removed, and all wells shall be abandoned with the final plat. The Developer shall provide a $24,000 security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations, including demolition permit from the Building Inspections Division. EASEMENTS Prior to recording the final plat, the following easements are required: •A temporary public roadway easement at the east end of Glarus Lane (for the temporary cul-de-sac). •A temporary public roadway, drainage, and utility easement along north and east property lines of Outlot B. •A temporary utility easement west of the plat boundary (west of the Globe Drive and Glarus Lane intersection), so that future utility connections do not impact existing public streets. The following easement exists on the parent parcels and expires upon recording the final plat: •Temporary Turnaround Easement (at termini of Globe Drive); in favor of the City of Lakeville (Doc. No. 3565156). STREET AND SUBDIVISION LAYOUT 200th Street Cedar Creek Villas 2nd Addition is located south of and adjacent to 200th Street, a City roadway classified as a minor collector. The Developer is dedicating the south ½ right-of- way of 40 feet, as shown on the final plat. Dedication of the north ½ right-of-way will be collected when the adjoining property to the north is subdivided. Page 134 of 271 CEDAR CREEK VILLAS 2ND ADDITION – FINAL PLAT MAY 3, 2024 PAGE 3 OF 10 200th Street is a two-lane undivided rural gravel roadway. 200th Street will be constructed in the future consistent with City urban collector roadway design standards. There are no programmed improvements in Lakeville’s current adopted 5-year Capital Improvement Plan (2024-2028). Local Roads Development of Cedar Creek Villas 2nd Addition includes construction of Glarus Lane and the extension of Glenbrook Path and Globe Drive, City roadways classified as local roads. The roadways are designed as 32-foot-wide urban roads with a sidewalk along one side, within a 60-foot-wide right-of-way. The Developer is dedicating the necessary right-of- way as shown on the final plat. The Developer shall construct a temporary cul-de-sac at the east end of Glarus Lane within a temporary public roadway easement and provide a $5,000 escrow for the future removal and restoration. Future street extension signs and barricades must be installed at the end of the roadway until it is extended east in the future. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to the 200th Street and Globe Drive intersection, via Cedar Avenue (CSAH 23). Construction access and egress is not permitted on Hamburg Avenue. PARKS, TRAILS, AND SIDEWALKS Development of Cedar Creek Villas 2nd Addition includes the construction of public sidewalks. Five-foot-wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a cash contribution with the final plat, calculated as follows: 29 units x $3,929.00 = $113,941.00 Total Units Cedar Creek Villas 2nd Addition 2024 Unit Rate (Medium-Density) Park Dedication Fee Cedar Creek Villas 2nd Addition The Park Dedication requirement will be collected at the time Outlot B is final platted into lots and blocks through a cash contribution at the rate in effect at the time of final plat approval. Page 135 of 271 CEDAR CREEK VILLAS 2ND ADDITION – FINAL PLAT MAY 3, 2024 PAGE 4 OF 10 UTILITIES SANITARY SEWER Cedar Creek Villas 2nd Addition is located within subdistrict SC-10070 of the South Creek sanitary sewer district. Wastewater will be conveyed through City sanitary sewer to the MCES interceptor sewer monitored by meter M646. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. Development of Cedar Creek Villas 2nd Addition includes construction of public sanitary sewer. 8-inch sanitary sewer will extend within the subdivision from existing stubs located within Globe Drive (north of the Gothic Avenue intersection) and Glenbrook Path (north of the 201st Street intersection). The Developer shall extend public sanitary sewer to the west plat boundary (west of the Globe Drive and Glarus Lane intersection) to provide for future development. The Developer is responsible for obtaining all necessary temporary easements, as applicable, so that future sanitary sewer connections do not impact any existing public streets. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and is required with the final plat, calculated as follows: 29 units x $327.00/unit = $9,483.00 Total Units Cedar Creek Villas 2nd Addition 2024 Unit Rate Sanitary Sewer Availability Charge Cedar Creek Villas 2nd Addition WATERMAIN Development of Cedar Creek Villas 2nd Addition includes construction of public watermain. 8-inch watermain will extend within the subdivision from existing stubs located within Globe Drive (north of the Gothic Avenue intersection) and Glenbrook Path (north of the 201st Street intersection). The Developer shall extend public watermain to the west plat boundary (west of the Globe Drive and Glarus Lane intersection) and north plat boundary (at the 200th Street and Globe Drive intersection) to provide for future development. The Developer is responsible for obtaining any necessary temporary easements, as applicable, so that future watermain connections do not impact any existing public streets. Page 136 of 271 CEDAR CREEK VILLAS 2ND ADDITION – FINAL PLAT MAY 3, 2024 PAGE 5 OF 10 UNDERGROUNDING Existing aboveground equipment (utility lines and poles) is located along the south side of 200th Street, adjacent to the parent parcels. The equipment must be relocated and maintained underground with development of Cedar Creek Villas 2nd Addition, consistent with the City’s Public Ways and Property Ordinance. The Developer shall provide a $7,288.24 security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations. DRAINAGE AND GRADING Cedar Creek Villas 2nd Addition is located within subdistrict SC-095 of the South Creek stormwater district. Previous additions of the Cedar Creek Villas preliminary plat included construction of a stormwater management basin (located in Outlot C, Cedar Creek Villas) to provide water quality treatment and rate control of the stormwater runoff generated from Cedar Creek Villas 2nd Addition. The stormwater management plan requires design and construction of a privately-owned/maintained water reuse system. Prior to the issuance of building permits, the Developer shall submit a design for the water reuse/irrigation system (sized for the entire Cedar Creek Villas preliminary plat) for City approval. In addition, the Stormwater Maintenance Agreement for Cedar Creek Villas must be amended to include the common area lots within Cedar Creek Villas 2nd Addition. The final grading plan shall identify all fill lots in which building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan are submitted and approved by City staff. Cedar Creek Villas 2nd Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Page 137 of 271 CEDAR CREEK VILLAS 2ND ADDITION – FINAL PLAT MAY 3, 2024 PAGE 6 OF 10 Development of Cedar Creek Villas 2nd Addition includes construction of public storm sewer systems. Storm sewer will be constructed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to a public stormwater management basin located with Outlot C, Cedar Creek Villas. Draintile construction is required in areas of non-granular soils within Cedar Creek Villas 2nd Addition for the street subgrade and lots. Any additional draintile construction, including perimeter draintile required for building footings, deemed necessary during construction by the City shall be the Developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and will be collected with the final plat, calculated as follows: Storm Sewer Charge Summary Gross Area of Cedar Creek Villas 2nd Addition 451,268 s.f. Less Area of Outlot A (Wetland, Buffer)(-) 48,110 s.f. Less Area of Outlot B (Future Development) (-) 6,367 s.f. Total Storm Sewer Charge Area 396,791 s.f. 396,791 s.f.x $0.198/s.f.= $78,564.62 Net Area Cedar Creek Villas 2nd Addition 2024 Unit Rate (Multi-Family) Storm Sewer Charge Cedar Creek Villas 2nd Addition The Storm Sewer Charge for Outlot B will be collected at the time it is final platted into lots and blocks, at the rate in effect at the time of final plat approval. The Developer is eligible for credit to the Storm Sewer Charge for deeding Outlot A (wetland and buffer) to the City, calculated as follows: 1.10 acres x $5,500/acre = $6,050.00 Area of Outlot A Cedar Creek Villas 2nd Addition Unit Rate Credit to Storm Sewer Charge Cedar Creek Villas 2nd Addition Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. Page 138 of 271 CEDAR CREEK VILLAS 2ND ADDITION – FINAL PLAT MAY 3, 2024 PAGE 7 OF 10 FEMA FLOODPLAIN ANALYSIS Cedar Creek Villas 2nd Addition is shown on the Flood Insurance Rate Map (Map No. 27037C0211E; Eff. Date 12/2/2011; Revised to reflect LOMR Eff. Date 2/4/2016) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WETLANDS The wetland delineation for the site was completed and approved in 2021. The wetland delineation for the area outlined in the reports has been determined to be acceptable for use in implementing the Wetland Conservation Act. The plans propose to impact parts of three lower quality wetlands that are located within farm pasture. The total proposed wetland impact is 1.08 acres. A wetland replacement plan was approved 3/30/2022. The remaining wetland and buffers will be placed in City-owned outlots. Natural Area signs will be installed along the wetland buffers (10 locations). Final locations must be reviewed by City staff prior to installation. The Developer is responsible for the establishment and enhancement of the wetland buffers. TREE PRESERVATION The tree preservation/inventory plan submitted with the Cedar Creek Villas preliminary plat identifies approximately 1,006 existing significant trees located within the preliminary plat boundaries. Most of the trees will be removed for the grading of site. EROSION CONTROL The Developer is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins and along the creeks and wetlands within the buffer areas. Redundant silt fence is required along all wetlands and waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required Page 139 of 271 CEDAR CREEK VILLAS 2ND ADDITION – FINAL PLAT MAY 3, 2024 PAGE 8 OF 10 during construction, as deemed necessary by City staff, and must be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcels and shall be paid with the final plat, calculated as follows: $156,326.50 x 2%= $3,126.53 Grading Cost Cedar Creek Villas 2nd Addition 2024 Rate MS4 Administration Fee Cedar Creek Villas 2nd Addition SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Cedar Creek Villas 2nd Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on March 7, 2024. CONSTRUCTION COSTS Sanitary Sewer $ 224,773.40 Watermain 251,529.00 Storm Sewer 244,042.00 Street Construction 446,008.00 Grading, Erosion Control and Vegetation Establishment 156,326.50 SUBTOTAL - CONSTRUCTION COSTS $ 1,322,678.90 OTHER COSTS Developer’s Design (3.0%)$ 39,680.37 Developer’s Construction Survey (2.5%)33,066.97 City’s Legal Expense (0.5%)6,613.39 City Construction Observation (5.0%)66,133.95 Developer’s Record Drawing (0.5%)6,613.39 Remove Existing Structures, Driveways, Fences 17,000.00 Remove Existing Septic Systems 5,500.00 Abandon Existing Wells 1,500.00 Undergrounding of Overhead Facilities 7,288.24 Natural Area Signs 1,500.00 Landscaping 84,995.55 Streetlights 9,800.00 Lot Corners/Iron Monuments 3,500.00 SUBTOTAL - OTHER COSTS 283,191.86 Page 140 of 271 CEDAR CREEK VILLAS 2ND ADDITION – FINAL PLAT MAY 3, 2024 PAGE 9 OF 10 TOTAL PROJECT SECURITY $1,605,870.76 The street light security totals $9,800 which consists of one (1) mast-arm streetlight at $1,400 each and seven (7) post-top streetlights at $1,200 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $3,500.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street, and utility construction. CASH FEES A cash fee of $3,150.00 for traffic control signs shall be paid with the final plat. If traffic control signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. A cash fee for one-year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 29 units x $40.48/unit = $1,173.92 Total Units Cedar Creek Villas 2nd Addition 2024 Rate Streetlight Operating Fee Cedar Creek Villas 2nd Addition A cash fee for one-year of environmental resources management expenses shall be paid with the final plat and is calculated as follows: 29 units x $59.16/unit x 0.50 = $857.82 Total Units Cedar Creek Villas 2nd Addition 2024 Rate Utility Factor Environmental Resources Fee Cedar Creek Villas 2nd Addition A cash fee for the preparation of addressing, property data, and City base map updating shall be paid with the final plat and is calculated as follows: 35 lots x $90.00/unit = $3,150.00 Lots/Outlots Cedar Creek Villas 2nd Addition 2024 Rate Property Data & Asset/Infrastructure Mgmt. Fee Cedar Creek Villas 2nd Addition The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. Page 141 of 271 CEDAR CREEK VILLAS 2ND ADDITION – FINAL PLAT MAY 3, 2024 PAGE 10 OF 10 The Developer shall pay a cash fee for City Engineering Administration. The fee for City Engineering Administration is based on three percent (3.00%) of the estimated construction cost, or $39,680.37. CASH REQUIREMENTS Temporary Cul-De-Sac Removal/Restoration $ 5,000.00 Park Dedication 113,941.00 Sanitary Sewer Availability Charge 9,483.00 Storm Sewer Charge 78,564.62 MS4 Administration Fee 3,126.53 Traffic Control Signs 3,150.00 Streetlight Operating Fee 1,173.92 Environmental Resources Management Fee 857.82 Property Data and Asset/Infrastructure Management Fee 3,150.00 City Engineering Administration (3.00%)39,680.37 SUBTOTAL – CASH REQUIREMENTS $ 258,127.26 CREDITS TO CASH REQUIREMENTS Storm Sewer Charge Credit (Outlot A) $ 6,050.00 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 6,050.00 TOTAL CASH REQUIREMENTS $ 252,077.26 RECOMMENDATION Engineering recommends approval of the final plat, grading and erosion control plan, tree preservation, and utility plan for Cedar Creek Villas 2nd Addition, subject to the requirements and stipulations within this report. Page 142 of 271 Date: 5/20/2024 Preserve of Lakeville Third Addition Final Plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the final plat of Preserve of Lakeville Third Addition. Overview Progressive, LLC has submitted an application and final plat plans for the third and final phase of Preserve of Lakeville Third Addition of 20 single family lots on 8.61cres of land located northeast of Kenwood Trail (CSAH 50), north of 190th Street, and south of 185th Street (CSAH 60). The City Council approved the Preserve of Lakeville preliminary plat at its June 21, 2020 meeting. The lot, block and street design of Preserve of Lakeville Third Addition is consistent with the approved preliminary plat. The Preserve of Lakeville Third Addition final plat plans have been reviewed by Engineering and Parks and Recreation staff. Supporting Information 1. Final Plat Resolution 2. Planning and Engineering Reports Financial Impact: $0.00 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Frank Dempsey, Associate Planner Page 143 of 271 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 24-____ RESOLUTION APPROVING THE FINAL PLAT OF PRESERVE OF LAKEVILLE THIRD ADDITION WHEREAS, the owner of the property described as PRESERVE OF LAKEVILLE THIRD ADDITION has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; WHEREAS, the final plat is consistent with the preliminary plat approved by the City Council; and WHEREAS, the final plat is acceptable to the City. NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The PRESERVE OF LAKEVILLE THIRD ADDITION final plat is approved subject to the developer’s execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract, the final plat mylars, the sign encroachment agreement, and all documents required pursuant to the development contract. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 20th day of May 2024 CITY OF LAKEVILLE Page 144 of 271 2 Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 24-_______is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 20th day of May 2024 as shown by the minutes of said meeting in my possession. ___________________________ Ann Orlofsky, City Clerk (Seal) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 145 of 271 1 City of Lakeville Community Development Department Memorandum To: Tina Goodroad, Community Development Director From: Frank Dempsey, AICP, Associate Planner Date: April 26, 2024 Subject: Preserve of Lakeville Third Addition Final Plat Application Action Deadline: May 10, 2024 INTRODUCTION Progressive, LLC has submitted an application and plans for the final plat of 20 single family lots and no outlots to be known as Preserve of Lakeville Third Addition. This is the third and final phase of the Preserve of Lakeville preliminary plat of 89 single family lots approved by the City Council on June 1, 2020. The property is located east of Kenwood Trail (CSAH 50), west of Ipava Avenue and north of 190th Street. The Preserve of Lakeville Third Addition final plat includes the construction of two streets with connections to the undeveloped property to the north. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Aerial Location Map B. Preserve of Lakeville Approved Preliminary Plat Phasing Plan C. Final Plat PLANNING A NALYSIS Zoning. The Preserve of Lakeville Third Addition is zoned RS-3, Single Family Residential District. Page 146 of 271 2 Existing Conditions. The Preserve of Lakeville Third Addition final plat property includes areas of wetlands and drainageways and proposed public open space with moderately sloped terrain. Lot and Setback Requirements. Single family lots developed under the RS-3 District standards are required to provide a minimum lot area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The proposed area of each lot meets the minimum square footage requirements. The Third phase does not include buffer yard lots abutting 190th Street or any other major collector street. Lot and setback requirements for single family lots in the RS-3 District are outlined below: Interior Lot Corner Lot Minimum Lot Area 11,000sf. 12,500sf. Min. Lot Width 85ft. 100ft. Setbacks Front 30 feet Rear 30 feet Side interior 10 feet Side corner 20 feet The proposed building pads meet the minimum setback requirements for interior and corner lots. The Preserve of Lakeville Third Addition final plat lot, block and street design is consistent with the approved preliminary plat. Development Density. The Preserve of Lakeville Third Addition final plat consists of 20 single- family lots on 8.61 acres. The net area density, excluding outlots and 190th Street right-of-way equals 2.32 units per acre. Outlots. No outlots are associated with the Preserve of Lakeville Third Addition final plat. Access. The Preserve of Lakeville Third Addition will have access Ixonia Avenue. Ixonia Avenue. Ixonia Avenue is a minor collector roadway as identified in the City’s Transportation Plan intended to connect 190th Street with 185th Street (CSAH 60) and points north. The Preserve of Lakeville Third Addition will include the construction of Ixonia Avenue to the north boundary of the property to allow future extension north to 185th Street (CSAH 60) as the properties to the north develop. Ixonia Avenue includes an 80 foot wide right-of-way. Streets & Sidewalks. Concrete sidewalks will be constructed on both sides of Ixonia Avenue, a minor collector street. Local cul-de-sac streets to not require sidewalks. Page 147 of 271 3 188th Court. 188th Court is a classified as a local cul-de-sac street. The road right-of-way is 60 feet in width, consistent with minimum street width requirements. Park Dedication. The Parks, Trails and Open Space Plan identifies an extension of the existing greenway corridor from the south. Park dedication for Preserve of Lakeville was satisfied with a combination of land dedication and cash in lieu of land. A cash fee payment in lieu of park land will be paid at the time of final plat approval for the 20 lots within Preserve of Lakeville Third Addition as outlined in the May 1, 2024 engineering report. Tree Preservation. The tree preservation plan for the preliminary plat identified 3,756 significant trees within the plat area. Of this number, 1,543 (41%) of the significant trees will be saved. The tree preservation security requirement for the Preserve of Lakeville Third Addition final plat is outlined in detail in the May 1, 2024 engineering report. Wetlands. There are no wetlands impacted with the third phase final plat of Preserve of Lakeville. Grading, Drainage and Erosion Control. The final plat includes grading, drainage, and erosion control plans. Grading, drainage, and erosion control is discussed in more detail in the May 1, 2024 engineering report. Subdivision Identification Sign. A subdivision is not proposed with The Preserve of Lakeville Third Addition final plat. RECOMMENDATION The Preserve of Lakeville Third Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Planning Department staff recommends approval of the final plat subject to the following conditions: 1. The recommendations listed in the March 1, 2024 engineering report. 2. The developer shall construct five foot wide concrete sidewalks on both sides of Ixonia Avenue to the north property boundary of the plat. Page 148 of 271 Source: Esri, Maxar, Earthstar Geographics, and the GIS User CommunityIXONIA AVE189TH ST Preserve of Lakeville Third Add. final plat area City of Lakeville Preserve of Lakeville Third Add Final Plat Location Map EXHIBIT AIVORRA AVE190TH ST ITERI AVE INNDALE DRPage 149 of 271 EXHIBIT B Page 150 of 271 EXHIBIT CPage 151 of 271 City of Lakeville Public Works – Engineering Division Memorandum To: Frank Dempsey, Associate Planner From: Jon Nelson, Assistant City Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy: Zach Johnson, City Engineer Julie Stahl, Finance Director Dave Mathews, Building Official Tina Goodroad, Community Development Director Date: May 1, 2024 Subject: Preserve of Lakeville Third Addition • Final Plat Review • Grading and Erosion Control Plan Review • Utility Plan Review • Tree Preservation Review BACKGROUND Progressive, LLC has submitted a final plat named Preserve of Lakeville Third Addition. This is the third phase of The Preserve preliminary plat approved by the City Council on June 1, 2020. The proposed subdivision is located east of and adjacent to Kenwood Trail (CSAH 50), north of and adjacent to The Greenway 1st, 3rd and 4th Additions, west of Ipava Avenue and south of 185th Street (CR 60). The parent parcels consist of Outlot C, Preserve of Lakeville, zoned RS-3 (Single Density Residential). The final plat consists of 20 single-family lots within 3 blocks on 8.61 acres. Developer: Progressive, LLC Engineer/Surveyor: Paramount Engineering/Bohlen Surveying & Associates Page 152 of 271 PRESERVE OF LAKEVILLE THIRD ADDITION – FINAL PLAT MAY 1, 2024 PAGE 2 OF 8 SITE CONDITIONS The Preserve of Lakeville site is vacant land containing several delineated wetlands, significant trees and drainageways. The property is bisected by two drainageways draining from the north to the southeast and southwest. An existing building (homestead) and accessory buildings were located on one of the parent parcels, and were demolished in 2019. During the building demolition, various surficial dump sites were discovered on the property. The Developer hired Wenck Associates, Inc. to prepare an investigation work plan on the property to evaluate the site conditions and determine its feasibility for development. The work plan included soil, groundwater and soil vapor sampling activities within the site after the discovery of the buried debris. The deepest depth of debris extended to approximately 11 feet below grade. A summary of the existing environmental information and proposed environmental activities has been submitted to the City. The development improvements must be completed in accordance with the recommendations identified in the approved Response Action Plan (RAP) submitted to the MPCA with previous phases. EASEMENTS The following temporary public easement will expire upon recording of the final plat and removal of the temporary cul-de-sac: • Temporary Turnaround Easement, per Document No. 211035 STREET AND SUBDIVISION LAYOUT Ixonia Avenue Preserve at Lakeville Third Addition includes the construction of Ixonia Avenue, a minor collector roadway as identified in the City’s Transportation Plan. Ixonia Avenue will be designed as a 36-foot wide two-lane undivided urban roadway and 5-foot wide concrete sidewalks along both sides of the roadway within 80-feet of right-of-way. The Developer shall remove the temporary cul-de-sac for the roadway extension and restore the temporary easement area with the final plat improvements. Future street extension signs and barricades must be installed at the north end of Ixonia Avenue until the roadway is extended north in the future. 188th Court West Development of Preserve at Lakeville includes the construction of 188th Court West a local cul- de-sac roadway. 188th Court West is designed as 32-foot wide urban roadway within 60-feet of right-of-way. CONSTRUCTION ACCESS Page 153 of 271 PRESERVE OF LAKEVILLE THIRD ADDITION – FINAL PLAT MAY 1, 2024 PAGE 3 OF 8 Construction traffic access and egress for grading, utility and street construction shall be from 190th Street and Ixonia Avenue. Access to the existing adjacent local roadways shall not be permitted for the development construction, unless approved by the City Engineer. PARKS, TRAILS AND SIDEWALKS The City’s Parks, Trails and Open Space Plan plans for the extension of a greenway corridor trail through the parent parcels linking the Ipava Greenway to the Shady Oak Grove Greenway corridors. The Park Dedication requirement has not been collected on the parent parcels and shall be satisfied through land dedication and a cash contribution with the final plat phases. The total park area required with the preliminary plat is 7.27 acres, which is calculated as 12% of the net area of the property (excluding major collector right-of-way and wetlands to remain) estimated as follows: Gross Area of Preliminary Plat 81.92 Acres Less 190th Street Right-of-way Less wetlands to remain 6.16 15.19 Acres Acres Total Buildable Area 60.57 Acres Land Dedication Requirement (12%) 7.27 Acres The total park area dedicated within the first phase final plat was 4.95 acres, which includes the portion of Outlot D outside of wetlands, wetland buffers and stormwater management basins. This satisfied 68.09% or 60.6 lots of the required park dedication for the preliminary plat. The first and second phase final plats included 69 lots. The second phase final plat satisfied 8.4 lots (69-60.6) of the park dedication requirement. The park dedication requirement for the remaining 31.91% or 20 lots will be required to be paid with cash as calculated below. 20 units x $5,774.00 = $115,480.00 Total Units 2024 Park Dedication Fee Park Dedication Fee Required Development of Preserve of Lakeville Third Addition includes the construction of public trails and sidewalks. 5-foot wide concrete sidewalks will be installed along both sides of Ixonia Avenue. UTILITIES SANITARY SEWER Preserve of Lakeville Third Addition is located within subdistricts ML-72200 and ML-72340 of the Marion Lake sanitary sewer district as identified in the City’s Sewer Plan. Page 154 of 271 PRESERVE OF LAKEVILLE THIRD ADDITION – FINAL PLAT MAY 1, 2024 PAGE 4 OF 8 The wastewater from the development will be conveyed via existing trunk sanitary sewer to the MCES Elko/New Market Interceptor and continue to the Empire Wastewater Treatment Facility. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid with the final plat. The fee will be based on the current rate in effect at the time of final plat approval, calculated as follows: 20 units x $327.00 = $6,540.00 Total Units 2024 Unit Rate Sanitary Sewer Availability Charge required WATERMAIN Development of Preserve of Lakeville Third Addition includes the extension of public watermain. Watermain will be extended within the development to provide water service to the subdivision. DRAINAGE AND GRADING Preserve at Lakeville is located within subdistricts ML-006 of the Marion Lake stormwater district and SC-171, SC-146, SC-151 and SC-145 of the South Creek stormwater district as identified in the City’s Water Resources Management Plan. Water quality treatment and rate control is provided through wet sedimentation basins constructed with previous additions of Preserve of Lakeville and secondary treatment via onsite wetlands. The stormwater management basins are located within Outlot B, Preserve of Lakeville. The stormwater basin design includes an aquatic safety bench and a skimming device designed for the 10-year event, consistent with City requirements. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Preserve of Lakeville Third Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Page 155 of 271 PRESERVE OF LAKEVILLE THIRD ADDITION – FINAL PLAT MAY 1, 2024 PAGE 5 OF 8 Development of Preserve of Lakeville Third Addition includes the construction of public storm sewer systems. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basins located within Outlot B, Preserve of Lakeville. Draintile construction is required in areas of non-granular soils within Preserve of Lakeville Third Addition for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and must be paid with the Preserve of Lakeville Third Addition final plat, calculated as follows: Storm Sewer Charge Summary Gross Area of Preserve of Lakeville Third Addition 375,030.00 s.f. Total = 375,030.00 s.f. 375,030.00 s.f. x $0.178/s.f. = $66,755.34 Net Area of Preserve at Lakeville Third Addition 2024 Unit Rate (Single-Family) Storm Sewer Charge Preserve at Lakeville Third Addition FEMA FLOODPLAIN ANALYSIS Preserve at Lakeville is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WETLANDS The wetland delineation and replacement plan were approved with first phase of the development. There are no additional impacts associated with the third phase of the development. All wetlands, wetland buffers, stormwater treatment basins and natural areas have been deeded to the City as outlots with previous phase final plats. Natural Area signs (14 locations) will be placed along adjacent property lines and will be installed by the developer. Final locations will be approved by City Staff prior to installation. TREE PRESERVATION The site was graded with the first phase of the development. The plan is consistent with the approved preliminary plat plans. The developer shall install measures to protect significant Page 156 of 271 PRESERVE OF LAKEVILLE THIRD ADDITION – FINAL PLAT MAY 1, 2024 PAGE 6 OF 8 trees as identified in the Tree Preservation ordinance (10-4-11). All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance. The Developer is required to post a security for tree preservation on an individual lot basis for each lot containing a “save” significant tree. The security is $1,500 for each lot with a “save” significant tree and $1,000 for each outlot with a “save” significant tree and is calculated as follows: Tree preservation Block 2 Lots 1, 2, 3, 4 Block 3 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 ,12 16 Lots @ $1,500.00 each = $24,000 Total = $24,000 EROSION CONTROL The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Redundant silt fence is required along all wetlands that do not have a 50-foot buffer. The Developer is responsible for the establishment of native vegetation around all stormwater treatment basins and any disturbed areas within Outlots. A management plan including a schedule for maintenance must be submitted to the City for review once seeding is completed. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Preserve at Lakeville Third Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on April 4, 2024. CONSTRUCTION COSTS Sanitary Sewer $ 178,296.70 Watermain 151,729.50 Storm Sewer 145,716.70 Street Construction 425,289.50 Erosion Control and Restoration 29,562.50 SUBTOTAL - CONSTRUCTION COSTS $ 930,594.90 OTHER COSTS Developer’s Design (3.0%) $ 27,917.85 Developer’s Construction Survey (2.5%) 23,264.87 City’s Legal Expense (0.5%) 4,652.97 City Construction Observation (5.0%) 46,529.75 Page 157 of 271 PRESERVE OF LAKEVILLE THIRD ADDITION – FINAL PLAT MAY 1, 2024 PAGE 7 OF 8 Developer’s Record Drawing (0.5%) 4,652.97 Natural Area Signs (14 locations) 2,100.00 Tree Preservation 24,000.00 Street Lights 3,800.00 Lot Corners/Iron Monuments 2,000.00 SUBTOTAL - OTHER COSTS $139,918.41 TOTAL PROJECT SECURITY $1,069,513.31 The street light security totals $3,800 which consists of one (1) mast-arm street light at $1,400 each and two (2) post-top street lights at $1,200 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $2,000.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street and utility construction. CASH FEES A $1,450.00 cash fee for traffic control signs is due with Preserve at Lakeville Third Addition. If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign location. A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 20 units x $40.48/unit = $809.60 Dwelling Units Streetlight Operating Fee Total A cash fee for one-year of environmental resources management expenses shall be paid at the time of final plat approval and is calculated as follows: 20 units x $59.16/unit = $1,183.20 Single Family Dwelling Units Environmental Resources Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 20 units x $90.00/unit = $1,800.00 Lots/Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. Page 158 of 271 PRESERVE OF LAKEVILLE THIRD ADDITION – FINAL PLAT MAY 1, 2024 PAGE 8 OF 8 The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $27,917.85. CASH REQUIREMENTS Sanitary Sewer Availability Charge 6,540.00 Park Dedication 115,480.00 Trunk Storm Sewer Area Charge 66,755.34 Traffic Control Signs 1,450.00 Streetlight Operating Fee 809.60 Environmental Resources Management Fee 1,183.20 City Base Map Updating Fee 1,800.00 City Engineering Administration (3.00%) 27,917.85 SUBTOTAL - CASH REQUIREMENTS $221,935.99 RECOMMENDATION Engineering recommends approval of the final plat, grading and erosion control plan, utility plan and tree preservation plan for Preserve of Lakeville Third Addition, subject to the requirements and stipulations within this report. Page 159 of 271 Date: 5/20/2024 Ritter Meadows final plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Ritter Meadows final plat. Overview TCLD LF3, LLC (Twin Cities Land Development) has submitted a final plat application for Ritter Meadows, which includes 80 attached townhomes and 19 detached townhomes on 135 acres of land located west of Interstate 35 and north of 205th Street. The Ritter Meadows preliminary plat of 29 single family lots, 99 detached townhome lots, and 127 attached townhome lots was approved by the City Council on May 1, 2023, with a revised preliminary plat to incorporate an additional parcel and to include the full right of way for Keokuk Avenue was approved on January 16, 2024. The Ritter Meadows final plat is consistent with the approved revised preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. Supporting Information 1. Final Plat Resolution 2. Signed development contract 3. Planning report 4. Engineering report Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 160 of 271 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-______ RESOLUTION APPROVING THE FINAL PLAT OF RITTER MEADOWS WHEREAS, the owner of the property described as RITTER MEADOWS has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the preliminary plat; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The RITTER MEADOWS final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 20th day of May 2024. CITY OF LAKEVILLE Page 161 of 271 2 Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 24-____is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 20h day of May 2024 as shown by the minutes of said meeting in my possession. __________________________ Ann Orlofsky City Clerk (SEAL) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 162 of 271 1 230759v5 Ritter Meadows (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) RITTER MEADOWS THIS DEVELOPMENT CONTRACT (the “Contract”) dated ____________________, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and TCLD LF3 RITTER, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for RITTER MEADOWS (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part hereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, Page 163 of 271 2 230759v5 Ritter Meadows public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within four (4) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For four (4) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before Page 164 of 271 3 230759v5 Ritter Meadows commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, Page 165 of 271 4 230759v5 Ritter Meadows and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way D. Minnesota Department of Health for Watermains Page 166 of 271 5 230759v5 Ritter Meadows E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2024, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly Page 167 of 271 6 230759v5 Ritter Meadows as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days after demand by the City, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. The Developer is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins and along the creeks and wetlands within the buffer areas. Redundant silt fence is required along all wetlands and waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures shall be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcels and shall be paid with the final plat, calculated as follows: $2,346,413.41 x 2% = $46,928.27 Grading Cost Ritter Meadows 2024 Rate MS4 Administration Fee Ritter Meadows 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City Page 168 of 271 7 230759v5 Ritter Meadows with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. Ritter Meadows contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Page 169 of 271 8 230759v5 Ritter Meadows Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation and as-built record drawing preparation performed by the City’s in- house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction cost. Page 170 of 271 9 230759v5 Ritter Meadows 19. STORM SEWER. The Developer shall construct public stormwater basins located in Outlots B, C and I to provide treatment and rate control of stormwater runoff generated from the site. The stormwater management design is consistent with the City’s stormwater management ordinance. A Vermillion River Watershed Joint Powers Organization (VRWJPO) water corridor, classified as a tributary connector, exists in the northeast corner of the site, within Outlot H. The VRWJPO water corridor and buffer will be placed in an outlot and conveyed to the City at the time Outlot H develops into lots and blocks. The Developer shall construct public storm sewer systems within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to public stormwater management basins located in Outlots B, C and I, Ritter Meadows. Draintile construction is required in areas of non-granular soils within Ritter Meadows for the street subgrade and lots. Any additional draintile construction, including perimeter draintile required for building footings, deemed necessary during construction by the City shall be the Developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and will be collected with the final plat, calculated as follows: Storm Sewer Charge Summary Gross Area of Ritter Meadows 5,868,839 s.f. Less Area of Outlot A (Park) (-) 123,710 s.f. Less Area of Outlot B (Stormwater Basin) (-) 166,399 s.f. Less Area of Outlot C (Stormwater Basin) (-) 287,496 s.f. Less Area of Outlot D (Future Development) (-) 321,037 s.f. Less Area of Outlot E (Future Development) (-) 896,029 s.f. Less Area of Outlot F (Future Development) (-) 381,586 s.f. Less Area of Outlot H (Future Development) (-) 2,582,237 s.f. Less Area of Outlot I (Stormwater Basin) (-) 117,009 s.f. Less Area of 205th Street Right-of-Way (-) 89,734 s.f. Total Storm Sewer Charge Area 903,602 s.f. Page 171 of 271 10 230759v5 Ritter Meadows 903,602 s.f. x $0.198/s.f. = $178,913.20 Net Area Ritter Meadows 2024 Unit Rate Storm Sewer Charge Ritter Meadows The Storm Sewer Charge for Outlots D, E and F and Outlot H will be collected with subsequent phases of the Ritter Meadows preliminary plat at the time they are final platted into lots and blocks, at the rate in effect at the time of final plat approval. The Developer is eligible for credit for storm sewer improvements oversized to serve future development. A $351,019.22 credit will be applied to the Ritter Meadows cash requirements. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. The Developer shall construct and extend public sanitary sewer within the subdivision from an existing stub located within 205th Street, at the southeast corner of Outlot H. The Developer shall receive a credit from the City in the amount of $140,938.56 to be applied to the Ritter Meadows cash requirements for sanitary sewer improvements oversized to serve future development. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid by the Developer with the final plat. The fee is based on the rate in effect at the time of final plat approval, calculated as follows: 99 units x $327.00 = $32,373.00 Total Units Ritter Meadows 2024 Unit Rate Sanitary Sewer Availability Charge Ritter Meadows The Sanitary Sewer Availability Charge for Outlots D, E, and F will be collected with subsequent phases of the Ritter Meadows preliminary plat at the time they are final platted into lots and blocks, at the rate in effect at the time of final plat approval. 21. WATERMAIN. The Developer shall construct and extend public watermain within the subdivision from existing stubs located within 205th Street at the intersections of Keokuk Avenue and Keystone Avenue. Page 172 of 271 11 230759v5 Ritter Meadows The Developer shall receive a credit from the City in the amount of $86,387.75 to be applied to the Ritter Meadows cash requirements for watermain improvements oversized to serve future development. The Developer is eligible for reimbursement for the cost difference between installing a privately owned and maintained high-efficiency irrigation system and a standard system in Ritter Meadows. The reimbursement will include design costs, construction observation (at a rate of $6,000.00 per phase), and development of a maintenance manual (all to be completed by Water in Motion, Inc.) to be included in all future property management documents. The Developer and future property management association will be responsible for all future operation, maintenance, and upkeep of the irrigation system. 22. ASSESSMENTS. Parent parcel PID No. 22-02500-28-010 was previously assessed for lateral sanitary sewer and watermain installed with City Project 88-9. The Developer shall pay the remaining balance of the assessment, $8,255.88, with the final plat. Parent parcel PID No. 22-02500-29-010 was previously assessed for lateral sanitary sewer and watermain installed with City Project 88-9. The Developer shall pay the remaining balance of the assessment, $4,046.92, with the final plat. Parent parcel PID No. 22-02600-04-010 was previously assessed for lateral sanitary sewer and watermain installed with City Project 88-9. The assessment is paid in full. 23. UNDERGROUNDING. Existing aboveground equipment (utility lines and poles) is located along the north side of 205th Street, adjacent to the parent parcels. The Developer shall relocate the equipment and maintain the equipment underground with development of Ritter Meadows, consistent with the City’s Public Ways and Property Ordinance. The Developer shall provide a $26,266.00 security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations. The Developer is responsible for obtaining any and all easements necessary for undergrounding of the electric utility lines. 24. SITE CONDITIONS AND REMOVAL OF ENCROACHMENTS. The Ritter Meadows site consists of undeveloped land. Most of the site was previously mined and subsequently reclaimed. The northeast and northwest corners of the site appear to have been naturally preserved and contain Page 173 of 271 12 230759v5 Ritter Meadows woodlands. A Vermillion River Watershed Joint Powers Organization (VRWJPO) water corridor, classified as a tributary connector, exists in the northeast corner of the site. An existing homestead is centrally located along the south plat boundary. All existing structures, accessory buildings, driveways and aprons, fences and septic systems shall be removed, and all wells shall be abandoned with the final plat. The Developer shall provide a $50,000.00 security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations, including demolition permit from the Building Inspections Division. The Developer is actively mass grading the site with the exception of Outlot H, following preliminary plat approval and the issuance of a grading permit. 25. ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW). An environmental assessment worksheet (EAW) was prepared consistent with Environmental Quality Board (EQB) requirements and Minnesota Rules 4410. The Developer addressed the comments identified in the EAW review process. A Negative Declaration on the EAW was adopted by the City Council on September 19, 2022. 26. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction shall be determined with the final construction plans. 27. 205TH STREET IMPROVEMENTS. The Developer shall install westbound right-turn lanes at the intersections of Keokuk Avenue, Keystone Avenue and the River City Asphalt driveway. The Developer is responsible for obtaining any and all easements necessary to construct the turn lanes prior to recording the final plat. 28. KEOKUK AVENUE IMPROVEMENTS. The Developer shall construct Keokuk Avenue and place barricades past the 202nd Street intersection. The Developer shall install “Future Street Extension” signs and barricades at the end of the roadway. 29. KEYSTONE AVENUE IMPROVEMENTS. The Developer shall install a temporary turnaround at the north terminus of Keystone Avenue until it is extended to the north with a future phase of the RITTER MEADOWS development. The temporary turnaround must be paved within one year of construction unless the roadway is extended. Before the City signs the final plat, the Developer shall furnish Page 174 of 271 13 230759v5 Ritter Meadows the City an appropriately executed public temporary turnaround easement, in recordable form, and shall provide a $2,500.00 security to guarantee removal and restoration of the temporary turnaround. The Developer shall install “Future Street Extension” signs and barricades at the end of the roadway. 30. 202ND STREET IMPROVEMENTS. The Developer shall install a temporary turnaround at the west terminus of 202nd Street until it is extended to the west with a future phase of the RITTER MEADOWS development. The temporary turnaround must be paved within one year of construction unless the roadway is extended. Before the City signs the final plat, the Developer shall furnish the City an appropriately executed public temporary turnaround easement, in recordable form, and shall also provide a $2,500.00 security to guarantee removal and restoration of the temporary turnaround. The Developer shall install “Future Street Extension” signs and barricades at the end of the roadway. 31. PARKS, TRAILS, AND SIDEWALKS. The Developer shall install five-foot-wide concrete sidewalks, with pedestrian curb ramps along one side of all local streets. The Developer shall install bituminous public trails, with pedestrian curb ramps along the west side of Keokuk Avenue and along the north side of 205th Street from the west plat boundary to Keokuk Avenue. The City shall apply a credit to the Developer in the amount of $32,309.55 for the City’s 3/8ths share (excluding grading and restoration) of the trail improvements. The Developer shall install a bituminous trail, with pedestrian curb ramps, along the east side of Keokuk Avenue at the time Outlot H is final platted into lots and blocks. The Developer shall rough grade the park site (Outlot A) per the approved grading plans. The material from the park area may not be used as borrow for grading purposes (soil material and subgrade must be suitable for fill, vegetation, and drainage). The Park Dedication requirement has not been collected on the parent parcels and will be satisfied by the Developer through a combination of land dedication and a cash contribution. The Park Dedication requirement will be collected with the final plat, calculated as follows: Page 175 of 271 14 230759v5 Ritter Meadows Dedication Requirement Summary Gross Area of Ritter Meadows 134.73 acres Less Area of Outlot H (Future Development) (-) 59.28 acres Total Buildable Area 75.45 acres 75.45 acres x 14% = 10.56 acres Buildable Area Ritter Meadows Medium Density Residential Rate Dedication Requirement Ritter Meadows 2.84 acres ÷ 10.56 acres = 26.89% Dedicated Park Outlot A, Ritter Meadows Dedication Requirement Ritter Meadows Dedication Requirement Met (via Land) Ritter Meadows 26.89% x 255 lots = 68.58 lots Dedication Requirement Met (via Land) Ritter Meadows Preliminary Platted Lots Ritter Meadows Dedication Requirement Satisfied Ritter Meadows 99 units - 68.58 units x $3,929.00 = $119,520.18 Total Units Ritter Meadows Dedication Requirement Satisfied Ritter Meadows 2024 Unit Rate Park Dedication Fee Ritter Meadows The Developer shall satisfy the park dedication requirement for Outlots D, E, and F with subsequent phases of the Ritter Meadows preliminary plat at the time they are final platted into lots and blocks through a cash contribution at the rate in effect at the time of final plat approval. 32. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee in the amount of $3,800.00 for traffic control signs with the final plat. If traffic control signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. The Developer shall pay a cash fee for one-year of streetlight operating expenses with the final plat, calculated as follows: 99 units x $40.48/unit = $4,007.52 Total Units Ritter Meadows 2024 Rate Streetlight Operating Fee Ritter Meadows 33. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for one-year of environmental resources management expenses with the final plat, calculated as follows: 99 units x $59.16/unit x 0.50 = $2,928.42 Total Units Ritter Meadows 2024 Rate Utility Factor Environmental Resources Fee Ritter Meadows Page 176 of 271 15 230759v5 Ritter Meadows 34. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $26,175.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. 35. TREE PRESERVATION. The tree preservation/inventory plan submitted with the Ritter Meadows preliminary plat identifies approximately 812 existing significant trees located within the preliminary plat boundaries. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1. The final plat is consistent with the approved preliminary plat tree preservation plan. 36. WETLAND. A wetland delineation of the site was approved on December 10, 2021. No wetland impacts are proposed with Ritter Meadows. 37. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 29, 2024, Planning Report, and May 6, 2024, Engineering Report. B. Before the City signs the final plat, the Developer shall convey Outlots A, B, C and I to the City by warranty deed, free and clear of any and all encumbrances. C. The Developer shall install “Future Street Extension” signs and barricades at the terminus of Kettle Pass. D. The Developer shall submit HOA documents establishing a homeowners association for the exterior maintenance of the attached townhome units as well as the ownership and maintenance of the following common area lots: Lot 28, Block 1, Lot 30, Block 2, Lot 25, Block 3, Lot 11, Block 4, Lot 10, Block 5, at the time of final plat approval, subject to review and approval of City staff and the City Attorney. Page 177 of 271 16 230759v5 Ritter Meadows E. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $11,300.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 113 lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. F. The Developer shall pay a cash fee for the preparation of addressing, property data, and City base map updating. This fee is $90.00 per lot/outlot for a total charge of $10,170.00. G. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $22,400.00 and consists of fourteen (14) post-top streetlights at $1,200.00, and four (4) mast arm lights at $1,400.00 each. H. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 38. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank ("security") for $3,148,221.68. The amount of the security was calculated as follows: Page 178 of 271 17 230759v5 Ritter Meadows CONSTRUCTION COSTS: A. Sanitary Sewer $554,195.61 B. Watermain 255,892.27 C. Storm Sewer 450,232.93 D. Streets 788,953.28 E. 205th Street Turn Lanes 146,133.80 F. Grading, Erosion Control and Vegetation Establishment 501,525.45 CONSTRUCTION SUB-TOTAL $2,696,933.34 OTHER COSTS: A. Developer’s Design (3.0%) $80,908.00 B. Developer’s Construction Survey (2.5%) 67,423.33 C. City Legal Expenses (Est. 0.5%) 13,484.67 D. City Construction Observation (Est. 5.0%) 134,846.67 E. Developer’s Record Drawings (0.5%) 13,484.67 F. Removal of Existing Structures, Driveways, Fences 50,000.00 Septic Systems and Wells G. Temporary Cul-De-Sac Removal/Restoration 5,000.00 H. Undergrounding of Overhead Facilities 26,266.00 I. Landscaping 26,175.00 J. Street Lights 22,400.00 K. Lot Corners/Iron Monuments 11,300.00 OTHER COSTS SUB-TOTAL $451,288.34 TOTAL SECURITIES: $3,148,221.68 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City Page 179 of 271 18 230759v5 Ritter Meadows have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 39. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Park Dedication $119,520.18 B. Sanitary Sewer Availability Charge 32,373.00 C. Assessment No. 1225 (PID 22-02500-28-010) 8,255.88 D. Assessment No. 1225 (PID 22-02500-29-010) 4,046.92 E. Storm Sewer Charge 178,913.20 F. MS4 Administration Fee 46,928.27 G. Traffic Control Signs 3,800.00 H. Street Light Operating Fee 4,007.52 I. Environmental Resources Expenses 2,928.42 J. Property Data and Asset/Infrastructure Management Fee 10,170.00 K. City Engineering Administration (3% for letters of credit) 80,908.00 SUBTOTAL – CASH REQUIREMENTS $491,851.39 CREDITS TO THE CASH REQUIREMENTS Trail Improvements (Park Dedication Fee) $32,309.55 Sanitary Sewer Improvements (Sanitary Sewer Fund) 140,938.56 Watermain Improvements (Water Fund) 86,387.75 Storm Sewer Improvements (Storm Sewer Fund) 351,019.22 SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS $610,655.08 TOTAL CASH REQUIREMENTS ($ - 118,803.69) 40. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is Page 180 of 271 19 230759v5 Ritter Meadows one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work if the Developer fails to timely perform such work; provided the Developer is first given notice of the work in default not less than five (5) business days in advance, except that no notice is required in an emergency as determined by the City. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 41. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Page 181 of 271 20 230759v5 Ritter Meadows Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to City or MCES sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 42. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 43. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. Page 182 of 271 21 230759v5 Ritter Meadows C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except three (3) model homes on lots acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion Page 183 of 271 22 230759v5 Ritter Meadows provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: 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 Page 184 of 271 23 230759v5 Ritter Meadows Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. Page 185 of 271 24 230759v5 Ritter Meadows K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 44. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the Page 186 of 271 25 230759v5 Ritter Meadows following address: 4800 Olson Memorial Highway, Suite 200, Golden Valley, Minnesota 55422. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [Remainder of the page is intentionally left blank. Signature pages follow.] Page 187 of 271 26 230759v5 Ritter Meadows CITY OF LAKEVILLE BY: ___________________________________________ Luke M. Hellier, Mayor (SEAL) AND __________________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC Page 188 of 271 Page 189 of 271 31 230759v5 Ritter Meadows EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as RITTER MEADOWS Those parts of the following three existing parcels described below that lie westerly of a line hereinafter described as “Line 1”: The East Half of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota, except (I) the south 396.00 feet of the east 264.00 feet thereof, both distances as measured at right angles, and (II) that part of the Northeast Quarter of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Section 26; thence southerly along the east line of said Northeast Quarter of the Northeast Quarter a distance of 216.81 feet to the point of beginning of the land to be described; thence westerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet; thence southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 590.00 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet to said east line of the Northeast Quarter of the Northeast Quarter; thence northerly along said east line of the Northeast Quarter of the Northeast Quarter a distance of 590.00 feet to the point of beginning. That part of the Northeast Quarter of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Section 26; thence southerly along the east line of said Northeast Quarter of the Northeast Quarter a distance of 216.81 feet to the point of beginning of the land to be described; thence westerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet; thence southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 590.00 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet to said east line of the Northeast Quarter of the Northeast Quarter; thence northerly along said east line of the Northeast Quarter of the Northeast Quarter a distance of 590.00 feet to the point of beginning. All that part of Section 26, Township 114, Range 21 West, Dakota County, Minnesota, hereinafter described as follows: Commencing at the southeast corner of the Northeast Quarter of said Section, Township, Range; thence north along the east line of said Northeast Quarter a distance of 24 rods; thence west parallel to the south line of said Northeast Quarter a distance of 16 rods; thence south parallel with the east line of said Northeast Quarter a distance of 24 rods; thence east along the south line of said Northeast Quarter a distance of 16 rods to the place of beginning. “Line 1” is described as follows: Commencing at the northeast corner of said Section 26; thence westerly along the north line of said East Half of the Northeast Quarter of Section 26, a distance of 262.10 feet to the point of beginning of said “Line 1”; thence southerly, deflecting to the left 89 degrees 57 minutes 29 seconds, a distance of 548.87 feet; thence southerly 319.36 feet along a tangential curve concave to the east, having a radius of 580.00 feet Page 190 of 271 32 230759v5 Ritter Meadows and a central angle of 31 degrees 32 minutes 53 seconds; thence southerly 1109.39 feet along a reverse curve concave to the west, having a radius 1000.00 feet and a central angle of 63 degrees 33 minutes 48 seconds; thence southerly 324.09 feet along a reverse curve concave to the east, having a radius of 580.00 feet and a central angle of 32 degrees 00 minutes 55 seconds; thence southerly, tangent to last described curve, a distance of 424.27 feet to the south line of said East Half of the Northeast Quarter of Section 26, and said “Line 1” there terminating. TOGETHER WITH temporary nonexclusive easements for access, grading, staging, construction and other related purposes contained in Temporary Construction Easement Agreement dated January 8, 2024, filed January 16, 2024 as Document Number 3615993. Those parts of the following three existing parcels described below that lie easterly of a line hereinafter described as "Line 1", westerly of a line lying 80.00 easterly of, as measured perpendicular to, said "Line 1": The East Half of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota, except (I) the south 396.00 feet of the east 264.00 feet thereof, both distances as measured at right angles, and (II) that part of the Northeast Quarter of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Section 26; thence southerly along the east line of said Northeast Quarter of the Northeast Quarter a distance of 216.81 feet to the point of beginning of the land to be described; thence westerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet; thence southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 590.00 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet to said east line of the Northeast Quarter of the Northeast Quarter; thence northerly along said east line of the Northeast Quarter of the Northeast Quarter a distance of 590.00 feet to the point of beginning. That part of the Northeast Quarter of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Section 26; thence southerly along the east line of said Northeast Quarter of the Northeast Quarter a distance of 216.81 feet to the point of beginning of the land to be described; thence westerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet; thence southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 590.00 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet to said east line of the Northeast Quarter of the Northeast Quarter; thence northerly along said east line of the Northeast Quarter of the Northeast Quarter a distance of 590.00 feet to the point of beginning. That part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 114, Range 21, Dakota County, Minnesota, lying westerly of the westerly right-of-way line of Interstate Hwy. No. 35, and as the same is now laid out and traveled. That part of the Southwest Quarter of the Northwest Quarter and of the Northwest Quarter of the Southwest Quarter, both in Section 25, Township 114, Range 21, Dakota County, Minnesota, lying westerly of the westerly right-of-way line of Interstate Hwy. No. 35, as the same is now laid out and traveled, and lying northerly of the following described line: Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter; thence south 0 degrees 00 minutes 48 seconds west, assumed bearing, along the west line of said Northwest Quarter of the Southwest Quarter, a distance of 22.65 feet to the point of beginning of the line to be described, to the Page 191 of 271 33 230759v5 Ritter Meadows centerline of County State Aid Highway No. 64, as the same is now laid out and traveled; thence easterly along said centerline and along a nontangential curve concave to the north, having a radius of 5729.58 feet and a central angle of 2 degrees 41 minutes 32 seconds, a distance of 269.21 feet, a chord of said curve bears north 85 degrees 47 minutes 28 seconds east; thence north 84 degrees 26 minutes 42 seconds east tangent to said curve and continuing along said centerline a distance of 243.64 feet; thence north 0 degrees 52 minutes 26 seconds east, a distance of 33.21 feet to a line distant 33.00 feet northerly of, as measured at a right angle to and parallel with, the centerline of said County State Aid Highway No. 64; thence north 84 degrees 26 minutes 42 seconds east along said parallel line a distance of 257.61 feet to the westerly right-of-way line of said Interstate Hwy. No. 35 and said line there terminating. “Line 1” is described as follows: Commencing at the northeast corner of said Section 26; thence westerly along the north line of said East Half of the Northeast Quarter of Section 26, a distance of 262.10 feet to the point of beginning of said “Line 1”; thence southerly, deflecting to the left 89 degrees 57 minutes 29 seconds, a distance of 548.87 feet; thence southerly 319.36 feet along a tangential curve concave to the east, having a radius of 580.00 feet and a central angle of 31 degrees 32 minutes 53 seconds; thence southerly 1109.39 feet along a reverse curve concave to the west, having a radius 1000.00 feet and a central angle of 63 degrees 33 minutes 48 seconds; thence southerly 324.09 feet along a reverse curve concave to the east, having a radius of 580.00 feet and a central angle of 32 degrees 00 minutes 55 seconds; thence southerly, tangent to last described curve, a distance of 424.27 feet to the south line of said East Half of the Northeast Quarter of Section 26, and said “Line 1” there terminating. That part of the following described parcel that lies easterly of a line hereinafter described as "Line 1" and westerly of a line lying 80.00 easterly of, as measured perpendicular to, said "Line 1": That part of Section 26, Township 114, Range 21 West, Dakota County, Minnesota, hereinafter described as follows: Beginning at the Southeast corner of the Northeast Quarter of said Section, Township, Range; thence North along the East line of said Northeast Quarter a distance of 24 rods; thence West parallel to the South line of said Northeast Quarter a distance of 16 rods; thence South parallel with the East line of said Northeast Quarter a distance of 24 rods; thence East along the South line of said Northeast Quarter a distance of 16 rods to the place of beginning. “Line 1” is described as follows: Commencing at the northeast corner of said Section 26; thence westerly along the north line of said East Half of the Northeast Quarter of Section 26, a distance of 262.10 feet to the point of beginning of said “Line 1”; thence southerly, deflecting to the left 89 degrees 57 minutes 29 seconds, a distance of 548.87 feet; thence southerly 319.36 feet along a tangential curve concave to the east, having a radius of 580.00 feet and a central angle of 31 degrees 32 minutes 53 seconds; thence southerly 1109.39 feet along a reverse curve concave to the west, having a radius 1000.00 feet and a central angle of 63 degrees 33 minutes 48 seconds; thence southerly 324.09 feet along a reverse curve concave to the east, having a radius of 580.00 feet and a central angle of 32 degrees 00 minutes 55 seconds; thence southerly, tangent to last described curve, a distance of 424.27 feet to the south line of said East Half of the Northeast Quarter of Section 26, and said “Line 1” there terminating. Those parts of the following three existing parcels described below that lie easterly of a line that lies 80.00 feet easterly of, as measured perpendicular to, a line hereinafter described as "Line 1": Page 192 of 271 34 230759v5 Ritter Meadows The East half of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota, except (I) the South 396.00 feet of the East 264.00 feet thereof, both distances as measured at right angles, and (II) that part of the Northeast Quarter of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota described as follows: Commencing at the Northeast corner of said Section 26; thence Southerly along the East line of said Northeast Quarter of the Northeast Quarter a distance of 216.81 feet to the point of beginning of the land to be described; thence Westerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet; thence Southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 590.00 feet; thence Easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet to said East line of the Northeast Quarter of the Northeast Quarter; thence Northerly along said East line of the Northeast Quarter of the Northeast Quarter a distance of 590.00 feet to the point of beginning. That part of the Northeast Quarter of the Northeast Quarter of Section 26, Township 114, Range 21, Dakota County, Minnesota described as follows: Commencing at the Northeast corner of said Section 26; thence Southerly along the East line of said Northeast Quarter of the Northeast Quarter a distance of 216.81 feet to the point of beginning of the land to be described; thence Westerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet; thence Southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 590.00 feet; thence Easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 400.00 feet to said East line of the Northeast Quarter of the Northeast Quarter; thence Northerly along said East line of the Northeast Quarter of the Northeast Quarter a distance of 590.00 feet to the point of beginning. That part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 114, Range 21, Dakota County, Minnesota, lying Westerly of the Westerly right-of-way line of Interstate Hwy. No. 35, and as the same is now laid out and traveled. That part of the Southwest Quarter of the Northwest Quarter and of the Northwest Quarter of the Southwest Quarter, both in Section 25, Township 114, Range 21, Dakota County, Minnesota, lying Westerly of the Westerly right-of-way line of Interstate Hwy. No. 35, as the same is now laid out and traveled, and lying Northerly of the following described line: Commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter; thence South 0 degrees 00 minutes 48 seconds West, assumed bearing, along the West line of said Northwest Quarter of the Southwest Quarter, a distance of 22.65 feet to the point of beginning of the line to be described, to the centerline of County State Aid Highway No. 64, as the same is now laid out and traveled; thence Easterly along said centerline and along a nontangential curve concave to the North, having a radius of 5729.58 feet and a central angle of 2 degrees 41 minutes 32 seconds, a distance of 269.21 feet, a chord of said curve bears North 85 degrees 47 minutes 28 seconds East; thence North 84 degrees 26 minutes 42 seconds East tangent to said curve and continuing along said centerline a distance of 243.64 feet; thence North 0 degrees 52 minutes 26 seconds East, a distance of 33.21 feet to a line distant 33.00 feet Northerly of, as measured at a right angle to and parallel with, the centerline of said County State Aid Highway No. 64; thence North 84 degrees 26 minutes 42 seconds East along said parallel line a distance of 257.61 feet to the Westerly right-of-way line of said Interstate Hwy. No. 35 and said line there terminating. “Line 1” is described as follows: Commencing at the northeast corner of said Section 26; thence westerly along the north line of said East Half of the Northeast Quarter of Section 26, a distance of 262.10 feet to the point of beginning of said “Line Page 193 of 271 35 230759v5 Ritter Meadows 1”; thence southerly, deflecting to the left 89 degrees 57 minutes 29 seconds, a distance of 548.87 feet; thence southerly 319.36 feet along a tangential curve concave to the east, having a radius of 580.00 feet and a central angle of 31degrees 32 minutes 53 seconds; thence southerly 1109.39 feet along a reverse curve concave to the west, having a radius 1000.00 feet and a central angle of 63 degrees 33 minutes 48 seconds; thence southerly 324.09 feet along a reverse curve concave to the east, having a radius of 580.00 feet and a central angle of 32 degrees 00 minutes 55 seconds; thence southerly, tangent to last described curve, a distance of 424.27 feet to the south line of said East Half of the Northeast Quarter of Section 26, and said “Line 1” there terminating. That part of the existing parcel described below that lies easterly of a line that lies 80.00 easterly of, as measured perpendicular to, a line hereinafter described as "Line 1": That part of Section 26, Township 114, Range 21 West, Dakota County, Minnesota, hereinafter described as follows: Beginning at the Southeast corner of the Northeast Quarter of said Section, Township, Range; thence North along the East line of said Northeast Quarter a distance of 24 rods; thence West parallel to the South line of said Northeast Quarter a distance of 16 rods; thence South parallel with the East line of said Northeast Quarter a distance of 24 rods; thence East along the South line of said Northeast Quarter a distance of 16 rods to the place of beginning. “Line 1” is described as follows: Commencing at the northeast corner of said Section 26; thence westerly along the north line of said East Half of the Northeast Quarter of Section 26, a distance of 262.10 feet to the point of beginning of said “Line 1”; thence southerly, deflecting to the left 89 degrees 57 minutes 29 seconds, a distance of 548.87 feet; thence southerly 319.36 feet along a tangential curve concave to the east, having a radius of 580.00 feet and a central angle of 31 degrees 32 minutes 53 seconds; thence southerly 1109.39 feet along a reverse curve concave to the west, having a radius 1000.00 feet and a central angle of 63 degrees 33 minutes 48 seconds; thence southerly 324.09 feet along a reverse curve concave to the east, having a radius of 580.00 feet and a central angle of 32 degrees 00 minutes 55 seconds; thence southerly, tangent to last described curve, a distance of 424.27 feet to the south line of said East Half of the Northeast Quarter of Section 26, and said “Line 1” there terminating. (Abstract Property) Page 194 of 271 1 City of Lakeville Community Development Department Memorandum To: Tina Goodroad, Community Development Director From: Kris Jenson, Planning Manager Date: April 29, 2024 Subject: Ritter Meadows Final Plat Application Action Deadline: July 9, 2024 INTRODUCTION TCLD LF3 Ritter, LLC (Twin Cities Land Development) has submitted an application and plans for the final plat of Ritter Meadows, which includes 19 detached townhome lots and 80 attached townhome lots located north of 205th Street and west of Interstate 35. This is the first of three phases of the preliminary plat 29 single family lots, 99 detached townhome lots, and 127 attached townhome lots. The original preliminary plat was approved by the City Council on May 1, 2023 with a revised preliminary plat to incorporate an additional parcel and to include the full right of way for Keokuk Avenue was approved on January 16, 2024. The lot, block and street design of the Ritter Meadows final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Aerial Photo Map B. Approved Preliminary Plat C. Approved Phasing Plan D. Final Plat PLANNING A NALYSIS Existing Conditions. The Ritter Meadows final plat area consists of eight parcels. Previously the site was used for a homestead and for mining activity and a grading permit has been issued for the site. Page 195 of 271 2 Zoning. The zoning of the parent parcels to be developed is RST-2-, Single- and Two-Family Residential District and RM-1, Medium Density Residential District. Detached townhomes are a permitted use within the RST-2 District and attached townhomes, up to six units in a row, are a permitted use in the RM-1 District. The future development parcels east of Keokuk Avenue are zoned RH-2, High Density Residential District and C-3, General Commercial District. A preliminary and final plat for these parcels must be approved by the City Council prior to development. A TTACHED TOWNHOME DEVELOPMENT STANDARDS Lot Requirements. The following minimum requirements for townhome building setbacks in the RM-1 District pertain to the Ritter Meadows final plat: Base Lot Between Detached Units Front Yard (to ROW) RM-1 30 feet 14 feet 20 feet (front) 25 feet (garage) The unit lots shown on the Ritter Meadows final plat have sufficient area to accommodate the detached townhome units. The RM-1 District requires at least 5,000 square feet per unit. The Ritter Meadows final plat has an average of 7,846 square feet per unit for the townhome area, which exceeds the minimum lot area per unit requirements of the RM-1 District. DETACHED TOWNHOME DEVELOPMENT STANDARDS Lot Requirements. The following minimum requirements for townhome building setbacks in the RST-2 District pertain to the Ritter Meadows final plat: Base Lot Between Detached Units Front Yard (to ROW) RST-2 30 feet 14 feet 20 feet (front) 25 feet (garage) The unit lots shown on the Ritter Meadows final plat have sufficient area to accommodate the detached townhome units. The RST-2 District requires at least 5,000 square feet per unit. The Ritter Meadows final plat has an average of 6,382 square feet per unit for the townhome area, which exceeds the minimum lot area per unit requirements of the RST-2 District. Page 196 of 271 3 Homeowner’s Association. The Developer is required to establish a Homeowner’s Association (HOA) for the exterior maintenance of the attached townhome units, as well as the ownership and maintenance of the following common area lots: • Lot 28, Block 1 • Lot 30, Block 2 • Lot 25, Block 3 • Lot 11, Block 4 • Lot 10, Block 5 The Developer shall provide the City with documents establishing the HOA for review by the City Attorney prior to the recording of the final plat. Development Density. The Ritter Meadows final plat consists of 19 detached townhome lots and 80 attached townhome lots on 134.71 acres for a gross density of 0.66 units per acre. Removing the outlots deeded to the City, 205th Street right of way, and the future development areas leaves 20.72 acres to be developed, resulting in a net density of 4.78 units per acre overall. Phasing. The overall Ritter Meadows plat is anticipated to be developed in three phases. The first phase includes 19 detached townhome lots and 80 attached townhome lots. There will be 80 detached townhome lots, 47 attached townhome lots, and 30 single-family lots to be final platted and developed after the Ritter Meadows final plat. Outlots. There are nine outlots proposed with the Ritter Meadows final plat. Outlot A is 2.84 acres in area and will be deeded to the City for park purposes. Outlot B is 3.82 acres in area and will be deeded to the City for stormwater management purposes. Outlot C is 6.60 acres in area and will be deeded to the City for stormwater management purposes. Outlot D is 7.37 acres in area and will be retained by the Developer for future development. Outlot E is 20.57 acres in area and will be retained by the Developer for future development. Outlot F is 8.76 acres in area and will be retained by the Developer for future development. Outlot G is 0.04 acres in area and will be retained by the Developer for a future monument sign. Outlot H is 59.28 acres in area and will be retained by the property owner for future development. Outlot I is 2.69 acres in area and will be deeded to the City for stormwater management purposes. Access. Construction access for Ritter Meadows will be determined with the final construction plans. Page 197 of 271 4 Streets & Right-of-Way. Ritter Meadows is adjacent to or will include the construction of the following streets: 205th Street is south of and adjacent to the development and is classified as a major collector in the Comprehensive Transportation Plan. The plat will dedicate 2.06 acres of right of way for 205th Street, meaning 205th Street will have the full 120 feet of right of way along the southern plat boundary. Left and right turn lanes will be constructed on 205th at Keokuk Avenue and Keystone Avenue. A trail will be constructed along the north side of 205th Street from the west plat boundary to Keokuk Avenue. Keokuk Avenue will be a 36-foot-wide minor collector street within an 80-foot-wide right-of-way that will bisect the final plat. A trail will be constructed along the west side of the street, with a future trail to be constructed on the east side of the street at the time that Outlot H develops. The Developer will be required to install barricades and a “Future Street Extension” sign at the north end of Keokuk Avenue, just past 202nd Street, until Keokuk Avenue is extended in the future. Keystone Avenue will be a 32-foot-wide local street within a 60-foot-wide right of way with a sidewalk on one side of the street. The Developer will be required to install a temporary turnaround, barricades, and a “Future Street Extension” sign at the north terminus until Keystone Avenue is extended in the future. The Developer must also provide a temporary easement for the turnaround as well as a $2,500 cash escrow for the future removal. 202nd Street will be a 32-foot-wide local street within a 60-foot-wide right of way with a sidewalk on one side of the street. A temporary turnaround is required at the west terminus of 202nd Street until such time that 202nd Street is extended or until Kettle Pass is constructed and provides a connection to another street. The Developer will be required to install barricades and a “Future Street Extension” sign at the west terminus of 202nd Street until it is extended with a future phase, as well as to provide the temporary turnaround easement and $2,500 cash escrow for the future removal of thee temporary turnaround. 203rd Street will be a local, 32-foot-wide residential street within a 60-foot-wide right of way with a sidewalk on one side of the street. Kettle Pass will be a local, 32-foot-wide residential street within a 60-foot-wide right of way that will be stubbed to the north from 202nd Street. There will be a sidewalk along one side of the street. The Developer will be required to install barricades and a “Future Street Extension” sign at the north stub of Kettle Pass until the street is extended with a future phase. Trails. The Developer will construct a trail along the north side of 205th Street, from the west plat boundary to Keokuk Avenue and along the west side of Keokuk Avenue. See the May 6, 2024 Engineering memo for additional information. Landscaping. A mix of overstory trees is proposed along the west property line adjacent to the attached townhomes. Front yard trees are proposed for the detached and attached townhome units. A security of $26,175.00 must be submitted with the final plat for landscaping. Page 198 of 271 5 Park Dedication. Park dedication for Ritter Meadows will be satisfied through land dedication and a cash contribution of $119,520.18 is required with the final plat to satisfy the Park Dedication requirement for Ritter Meadows. Please see the May 6, 2024 engineering report for more details. Tree Preservation. A tree preservation plan was prepared and approved with the preliminary plat. The plan identified 812 significant trees within the Ritter Meadows plat boundary and proposed to save 103 (12.7%) trees. Tree removal has started in conjunction with grading work currently occurring at the site. Wetlands. A wetland delineation was completed and approved in 2021. The Developer must submit a wetland replacement plan for areas of impacts for road and utility crossings and the replacement plan must be reviewed and approved prior to any impacts or grading adjacent to the wetlands on the site. See the May 6, 2024 Engineering memo for additional information. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Grading, drainage and erosion control is discussed in more detail in the May 6, 2024 engineering report. RECOMMENDATION The Ritter Meadows final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Community Development Department staff recommends approval of the Ritter Meadows final plat subject to the following conditions: 1. The recommendations listed in the May 6, 2024 engineering report. 2. Outlots A, B, C, and I must be deeded to the City with the Ritter Meadows final plat. 3. A trail must be constructed along the north side of 205th Street, from the west plat boundary to Keokuk Avenue, and along the west side of Keokuk Avenue. 4. Five-foot-wide concrete sidewalks shall be constructed along one side of all streets, at the developer’s expense, as shown on the approved final plat plans. 5. The developer shall pay $119,520.18 in park dedication fees with the final plat. 6. A security of $26,175.00 must be submitted with the final plat for landscaping. 7. Barricades and “Future Street Extension” signs must be placed at the ends of Keokuk Avenue, Keystone Avenue, 202nd Street, and Kettle Pass. 8. The Developer must construct temporary turnarounds at the west end of 202nd Street and the north end of Keystone Avenue, as well as providing a temporary easement for both locations and a $5,000 cash escrow ($2,500 per location) for the future removal. Page 199 of 271 6 9. The Developer must establish an HOA for the exterior maintenance of the attached townhome units as well as the ownership and maintenance of the following common area lots: • Lot 28, Block 1 • Lot 30, Block 2 • Lot 25, Block 3 • Lot 11, Block 4 • Lot 10, Block 5 Page 200 of 271 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Ritter Meadows Revised Final Plat area KENRICK AVE205TH ST KEOKUK AVE207TH STKEYSTONE AVECity of Lakeville Location Map Ritter Meadows Final Plat EXHIBIT A Page 201 of 271 EXHIBIT BPage 202 of 271 EXHIBIT CPage 203 of 271 R=540.00L=297.33Δ=31°32'53"R=580.00L=319.36Δ=31°32'53"R=540.00L=301.74Δ=32°00'55"OUTLOT A N07°08'57"E 938.98N00°30'21"E 2640.15N89°59'46"W 1317.82 N89°53'07"E 1001.72 R=11275.16L=334.63Δ=1°42'02"C.Brg=N0°59'37"ER=11275.16L=846.95Δ=4°18'14"C.Brg=N4°59'50"ER=680.0 0 L=13 0 .0 6 Δ=10 °5 7 '3 2 "C.Brg=S87°2 2'3 4 "E C=12 9 .8 6 R =8 0 0 .0 0 L =5 0 3 .8 0 Δ =3 6 °0 4 '5 4 "C .B r g =N 6 9 °0 6 '1 3 "E C =4 9 5 .5 1 N78°01' 2 5 " W 161.73 S88°20'37"W 163.20S86°17'28"W 207.07 S72°15' 3 5 " W 125.09 N89°27'07"W 182.10 S00°02'10"E241.00N89°09'08"W 151.39 N66 ° 2 9 ' 5 0 " W 2 9 3 . 0 3 S51°03'46" W 108.36R=225.00 L=83.24 =21°11'49" N66 ° 2 9 ' 5 0 " W 3 0 6 . 5 0 N78°01' 2 5 " W 187.08 S88°20'37"W 179.00S86°17'28"W 39.49S14°20'42"W97.30OUTLOT B S89°51'51"W 1303.24 S26°46'23"W 106.27 S07°08'57"W158.15S84°19'41"W 257.49 N00°45'25"E 33.21R=5 7 2 9 .5 8 L=2 6 9 .2 1 Δ=2 °4 1 '3 2 " C .B r g =N 8 5 °4 0 '2 7 "E S84°19'41"W 243.64 S00°06'13"E 22.65 L=527.87Δ=30°14'42"S27°07'40"W 108.53 N22°26'19"W 108.53 827.20R=5664.56 L=120.61 =1°13'12" C.Brg=N89°54'07"E C=120.61 L=75.68 =4°20'09" 44.80 120.0043.39 L=115.08Δ=6°35'37"182.101055.72 S00°02'45"W 548.90R=1040.00L=1153.77Δ=63°33'48"N00°02'45"E 424.1580.00 40.0040.00548.92L=49.12 =4°51'10"L=275.31Δ=31°32'53"L=1198.14Δ=63°33'48"R=580.00L=324.09Δ=32°00'55"L=279.39Δ=32°00'55"390.29388.69R =5 6 6 4 .5 8 L =4 15 .9 8 Δ=4 °12 '2 7 " C .B r g=N 8 6 °2 2 '4 4 "E C =4 15 .8 9 N84°16'30"E 512.15 S89°29'17"E 949.201271.09N03°04'04"W 20.56 S86°55'56"W 60.00 N18°45'57"W 60.00 R=620.00 L=36.79 =3°23'59" C.Brg=N69°32'04"E N24°56'20"W 23.27 N65°03'40"E 60.00 N24°56 '20 "W103.15 N54° 1 6' 5 6" E 5 1 8. 1 7 L=368.49Δ=21°06'46"200.5940.41 N02°51'20"W163.39154.09342.97228.54320.33R=183 .5 0 L=51 0 .2 7 Δ=159°1 9 '4 1 "C.Brg=S59 °5 2 '10 "W C=36 1 .0 4 N53° 5 3' 2 6" E 112.3 5 S88°22'51"E 241.65S02°27'44"W179.44R=180.0 0 L=3 04.81Δ=9 7° 0 1' 3 0" N85°26'14"E 182.34 N5 9 ° 5 4 ' 5 2 " W 15 7 . 6 0 N89°59'45"W 205.13 N74°00'1 9 " E 90.65 N63°0 5' 1 7" E 84.00 N64°29'18"E 66.10 N78°47'40"E 53.83 N89°57'15"W 442.50 OUTLOT C OUTLOT E OUTLOT F R=680.00 L=52.36 =4°24'42" C.Brg=N69°01'42"E N23°10 '39 "W120.00 L =2 8 3 .7 5 Δ =2 0 °1 9 '1 9 " L =2 2 0 .0 5 Δ =1 5 °4 5 '3 5 "125.9732.18 205TH STREET W 205TH STREET W KEOKUK AVEKEOKUK AVESEE SHEET 3 OF 4 SHEETS INSET A SEE SHEET 4 OF 4 SHEETS INSET B OUTLOT H 193.091110.15 L=22.27 =1°16'34"L=270.24Δ=26°41'43" N78°03'17"E 50.02 424.27262.10 548.87R=1000.00L=1109.39Δ=63°33'48"RITTER MEADOWS OFFICIAL PLAT EXHIBIT D Page 204 of 271 R=566 4.56 L=12 0 .6 1 Δ=1°13 '12 " C .Br g=N 89 °5 4'0 7"E C=12 0 .6 1 2625242322 212019181716151413121110987654321 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 28 27 26 25 4 3 2 1 29 27 24 1 KEYSTONE AVENUE203RD ST. 28 25 25 3 67 22 21 20 19 18 17 16 15 14 13 11 10 9 8 123451223 OUTLOT I 1 28 S01°34'38"E 163.67S68 ° 1 9 ' 0 8 " E 1 3 7 . 6 7 S68 ° 1 9 ' 0 8 " E 1 3 7 . 6 7 N88°25'22"E 76.50 S01°34'38"E 163.67N88°25'22"E 76.50 29.8329.8326.0026.0026.0026.0026.0026.0026.0029.8429.8426.00N88°25'22"E 76.50 N88°25'22"E 76.50 N88°25'22"E 76.50 N88°25'22"E 76.50 N88°25'22"E 76.50 N89°09'08"W 163.67 N89°09'08"W 163.67S00°50'52"W 76.50S00°50'52"W 76.50S00°50'52"W 76.50S00°50'52"W 76.50S00°50'52"W 76.50S00°50'52"W 76.50S00°50'52"W 76.5029.84 26.00 26.00 26.00 26.00 29.83 29.8326.0026.0026.0026.0029.84 29.8 4 26.0 0 26.0 0 26.0 0 29.8 3 26.0 0 26.0 0 26.0 0 29.8 4 N21°40'52"E 76.50N21°40'52"E 76.50N21°40'52"E 76.50N21°40'52"E 76.50N21°40'52"E 76.50N21°40'52"E 76.50S07°26'46"E 76.50S07°26'46"E 76.50S02°21'04"E 76.50S02°21'04"E 76.50S82°33'14"W 16 3 . 6 7 S82°33'14"W 1 6 3 . 6 7S07°26'46"E 76.50S07°26'46"E 76.50S07°26'46"E 76.50S07°26'46"E 76.50S07°26'46"E 76.5029.84 26.00 26.00 26.00 26.00 29.83 29.8326.0026.0026.0026.0029.84 29.84 29.84 26.00 26.00 26.00 26.00 26.00 26.00 26.00 26.00 29.83 29.83S02°21'04"E 76.50S02°21'04"E 76.50S02°21'04"E 76.50S02°21'04"E 76.50S02°21'04"E 76.50S87°38'56"W 163.67 S87°38'56"W 163.67 N89°27'07"W 76.50 N89°27'07"W 76.50 N89°27'07"W 76.50N00°32'53"E 111.67N00°32'53"E 111.67S86°27'23"E 76.50 S86°27'23"E 76.50 S86°27'23"E 76.50 S86°27'23"E 76.50S03°32'37"W 137.67S03°32'37"W 137.67S86°27'23"E 76.50 S86°27'23"E 76.50 S86°27'23"E 76.50 S86°27'23"E 76.50S03°32'37"W 137.67S03°32'37"W 137.67S10°35'50"E 137.67S10°35'50"E 137.67 N79°24'10"E 7 6 . 5 0 N79°24'10"E 7 6 . 5 0 N79°24'10"E 7 6 . 5 0 N79°24'10"E 7 6 . 5 0 S28°42 '14 "E 137 .67S28°42 '14 "E 137 .67 N61°1 7' 4 6" E 7 6. 5 0 N61°1 7' 4 6" E 7 6. 5 0 N61°1 7' 4 6" E 7 6. 5 0 N61°1 7' 4 6" E 7 6. 5 0 N89°27'07"W 76.50 N89°27'07"W 76.50 S86°27'23"E 76.50 S86°27'23"E 76.50 S86°27'23"E 76.50 S86°27'23"E 76.50 N79°24'10"E 7 6 . 5 0 N79°24'10"E 7 6 . 5 0 N61°1 7' 4 6" E 7 6. 5 0 N61°1 7' 4 6" E 7 6. 5 029.8426.0026.0026.0029.8329.8326.0026.0026.0029.8429.8429.8426.0026.0026.0026.0026.0026.0029.8329.8329.8326.0029.8426.0026.0029.8426.0026.0026.0029.8329.8329.8329.8426.0026.0026.0029.8426.0026.0026.0029.8329.8329.8426.0026.0026.0026.0029.84N00°50'52"E 76.50N00°50'52"E 76.50S10°20'15"E 76.50S10°20'15"E 76.50S01°39'23"E 76.50S01°39'23"E 76.50S12°57'51"W 76.50S12°57'51"W 76.50N17°30'10"E 76.50N17°30'10"E 76.50S72° 2 9 ' 5 0 " E 1 6 3 . 6 7 S72° 2 9 ' 5 0 " E 1 6 3 . 6 7N17°30'10"E 76.50N17°30'10"E 76.50N17°30'10"E 76.50N17°30'10"E 76.50N17°30'10"E 76.50N77°02' 0 9 " W 1 3 7 . 6 7 N77°02' 0 9 " W 1 3 7 . 6 7 S12°57'51"W 76.50S12°57'51"W 76.50S12°57'51"W 76.50S12°57'51"W 76.50S88°20'37"W 137.67 S88°20'37"W 137.67 S01°39'23"E 76.50S01°39'23"E 76.50S01°39'23"E 76.50S01°39'23"E 76.50S79°39'45"W 1 3 7 . 6 7 S79°39'45"W 1 3 7 . 6 7 S10°20'15"E 76.50S10°20'15"E 76.50S10°20'15"E 76.50S10°20'15"E 76.50S89°09'08"E 163.67 S89°09'08"E 163.67 N00°50'52"E 76.50N00°50'52"E 76.50N00°50'52"E 76.50N00°50'52"E 76.50N00°50'52"E 76.5029.8326.0026.0026.0026.0029.84 29.84 26.00 26.00 29.8326.00 26.00 29.84 29.83 26.00 26.00 26.00 29.84 26.00 26.00 29.83 26.00 29.84 26.00 26.00 26.00 29.83 29.8326.0026.0026.0029.84 29.84 26.00 26.00 26.00 29.83 29.83 26.00 26.00 26.00 29.84 29.84 26.00 26.00 26.00 26.00 29.83 29.83 26.00 26.00 26.00 26.00 29.84 S01°34'38"E 224.74S82°30'03"W 28 2 . 5 7 S77°10' 3 0 " E 9 2 . 8 7 S87°38'56"W 109.10 N00°30'21"E 827.20N66°4 5' 3 0 " E 1 9 0. 0 4 N10°17'51"W 32.52N00°49'50"E26.59S01°23'45"W 32.98 N07°40'52"W 12.35 N86°11'25"W 87.89 S79°23'5 2 " E 13.18 N77°46'19 " E 21.90 S86°59'45"E 39.50 S5 6 ° 2 1 ' 5 7 " E 17 . 8 8 S77°59' 3 9 " E 1 0 8 . 8 0 S74°08'17"E 21.01 N74°45'19"E 11.31 N88°05'00"E 7.4629.8 3 26.00 29.83 29.83 29.84 29.84 26.00 26.00 30.00 30.00 R=580.00L=324.09Δ=32°00'55"L=207.44Δ=20°29'32"L=56.62Δ=5°35'36"L=60.03Δ=5°55'47"R=1000.00L=75.68Δ=4°20'09"C.Brg=N29°53'35"EN66 ° 2 9 ' 5 0 " W 2 9 3 . 0 3 N78°01' 2 5 " W 1 6 1 . 7 3 S88°20'37"W 163.20 S86°17'28"W 207.07 S00°02'10"E40.41N89°09'08"W 151.39S86°55'56"W 60.00 N89°27'07"W 182.10 L = 3 0 . 0 1 =2° 5 7 ' 5 3 " L = 3 0 . 0 2 =2° 5 7 ' 5 4 " N66 ° 2 9 ' 5 0 " W 1 9 7 . 8 9 R=6 0 0.0 0 L=392.12 Δ=37°26'39" R =4 0 0 .0 0 L =1 0 3 .2 5 Δ=14 °4 7 '2 1"N89°09'08"W 226.54N03°04'04"W 96.01R=530.00L=61.15Δ=6°36'41"N03°32'37"E 256.91R=470.00L=274.22Δ=33°25'43"R=330.00L=175.04Δ=30°23'29" N00°30'23"E6.37253.24L=24.93 =2°41'45"L=36.22Δ=3°54'56"L=8.25 =0°50'40"96.0175.4520.5630.0030.00 L=57.69Δ=6°36'40"197.34 L =9 5 .5 0 Δ=14 °4 7 '2 1" L=411.7 2 Δ=37°26'39" 198 . 6 7 197.33 L =110 .9 9 Δ =1 4 °4 7 '2 1 " L=3 7 2.51 Δ=37°26'39" N77°10' 3 0 " W 9 9 . 0 2 S07°52'30"W 136.20S00°32'36"E 114.51N89°29'37"W 455.97 S43°45'56"W 42.55S80°08'51"W 8 7 . 0 9L=145.80Δ=18°59'09"L=110.91Δ=14°26'34" 6.37 6.37L=33.71Δ=6°26'14"L=190.96Δ=30°23'29"L=291.72Δ=33°25'43"256.91OUTLOT D N00°02'45"E 390.29R=732.00L=113.51Δ=8°53'07"C.Brg=S16°42'41"WC=113.41152 . 1 6 46. 5 0 3 2 2 30 30 S89°29'17"E 949.20S04°35'54"W 114.75NORTH 9.62 240.78 606.52 60.00L=125.42Δ=23°57'15"S00°30'43"W40.00N89°29'17"W 40.00 41.90 OUTLOT G S73°05'01" 27.18S82°33'14"W 29.83 S87°38'56"W 29.84 S82°33'14"W 29.83 S87°38'56"W 29.84 S07°26'46"E 76.50S02°21'04"E 76.50S82°30'03"W 2 8 2 . 5 7 1112 30 2 31 RITTER MEADOWS DETAIL OFFICIAL PLAT INSET A Page 205 of 271 N54° 1 6' 5 6" E 5 1 8. 1 7 N24°56 '20 "W 126 .43 N65°0 3' 4 0" E 6 0. 0 0 N24°56'20"W 23.27 R=620.00 L=36.79 =3°23'59" C.Brg=N69°32'04"E C=36.78 N18°45'57"W 60.00108.36L =1 2 7 .6 4 Δ =2 1 °1 1 '4 9 " L =1 4 9 .8 3 Δ =2 1 °1 1 '4 9 "108.36L =1 2 1 .4 6 Δ =1 1 °1 3 '2 9 "S72°15' 3 5 " W 1 2 5 . 0 9 R =2 2 5 .0 0 L =8 3 .2 4 Δ =2 1 °1 1 '4 9 " S51°03'46" W 108.36 R =8 0 0 .0 0 L =2 2 0 .0 5 Δ =1 5 °4 5 '3 5 "C .B rg =N 5 8 °5 6 '3 4 "E L=60.01Δ=3°26'18"S72°15' 3 5 " W 1 3 6 . 4 1 R =3 7 5 .0 0 L =1 3 8 .7 3 Δ =2 1 °1 1 '4 9 "S51°03'46" W 108.36 R =6 5 0 .0 0 L =2 2 8 .8 4 Δ =2 0 °1 0 '1 7 "C .B rg =N 6 1 °0 8 '5 5 "E 135.95 135.95 23.28103.15 L =5 2 .3 6 Δ =4 °2 4 '4 2 "30.0030.00 S74°47'1 5 " W 9.47 N47°30'48"E 6.29 S64°4 7' 2 5" W 46.00 N64°4 7' 2 5" E 46.00 S60°4 3' 3 4" W 46.00 S56° 3 9' 4 2" W 46.0 0 S52°35'58" W 46.00 S51°03'46" W 46.00S51°03'46" W 46.00S56° 2 5' 0 2" W 46.0 0 S67°35' 4 9" W 46.00 S72°15' 3 5 " W 46.00 S72°15' 3 5 " W 46.00 N72°15' 3 5 " E 46.00 N72°15' 3 5 " E 46.00 N67°3 5' 4 9 " E 46.00 N56° 2 5' 0 2" E 46.0 0 N51°03'46" E 46.00N51°03'46" E 46.00N52°35'58" E 46.00 N56° 3 9' 4 2" E 46.0 0 N60°4 3' 3 4" E 46.00 S57° 3 9' 0 0" W 46.0 0 S51°03'46" W 46.00S51°03'46" W 46.00S51°03'46" W 46.00S55° 1 6' 1 7" W 46.0 0 S61°5 6' 0 7" W 46.00 S68°35' 5 6 " W 46.00 S72°15' 3 5 " W 46.00 S72°15' 3 5 " W 46.00 N72°15' 3 5 " E 46.00 N72°15' 3 5 " E 46.00 N68°35' 5 6 " E 46.00 N61°5 6' 0 7" E 46.00 N55° 1 6' 1 7" E 46.0 0 N51°03'46" E 46.00N51°03'46" E 46.00N51°03'46" E 46.00N57° 3 9' 0 0" E 46.0 0N32°21 '00 "W 95 .00 S 3 8 ° 5 6 ' 1 4 "E 9 5 . 0 0 N3 8 ° 5 6 ' 1 4 "W 9 5 . 0 0 S32°21 '00 "E 95 .00S3 8 ° 5 6 ' 1 4 "E 9 5 . 0 0 N3 8 ° 5 6 ' 1 4 "W 9 5 . 0 0S3 8 ° 5 6 ' 1 4 "E 9 5 . 0 0 N3 8 ° 5 6 ' 1 4 "W 9 5 . 0 0S34°43 '43 "E 95 .00N34 °43 ' 4 3 "W 9 5 . 0 0S28°03 '53 "E 95 .00N28°03 '53 "W 95 .00S21°24'04 "E 95 .00N21°24'04 "W 95 .00S17°44'25"E 95.00N17°44'25"W 95.00S17°44'25"E 95.00S17°44'25"E 95.00N17°44'25"W 95.00S17°44'25"E 95.00N22°24 '11 "W 95 .00S22°24'11 "E 95 .00N33°34 '58 "W 95 .00S33°34 '58 "E 95 .00N3 8 ° 5 6 ' 1 4 "W 9 5 . 0 0S3 8 ° 5 6 ' 1 4 "E 9 5 . 0 0N3 8 ° 5 6 ' 1 4 "W 9 5 . 0 0 S 3 8 ° 5 6 ' 1 4 "E 9 5 . 0 0N3 7 ° 2 4 ' 0 2 "W 9 5 . 0 0S3 7 ° 2 4 ' 0 2 "E 9 5 . 0 0N33°20 '18 "W 95 .00S33°20 '18 "E 95 .00N29°16 '26 "W 95 .00S29°16 '26 "E 95 .00N25°12 '35 "W 95 .00S25°12 '35 "E 95 .00 N72°15' 3 5 " E 4.00 S65°1 6' 0 1" W 13.94 S58° 3 6' 1 2" W 13.9 4 S49°23'43" W 10.28S51°03'46" W 4.00S60°2 7' 3 6" W 4.05 S58° 4 7' 0 2" W 2.40 S62°4 5' 3 0" W 1 0. 0 6 S58° 4 1' 3 8" W 1 0. 0 6 S54° 5 6' 4 7" W 1 0. 0 5 S51°03'46" W 4.00S62°01 '28 "W 19 .64 S72°15' 3 5 " W 4 . 0 0 L =1 8 7 .0 4 Δ =1 5 °4 5 '3 5 "S29°2 0' 1 6" E 1 5. 4 7 1 2 3 4 5 6 7 8 9 10 9 8 7 6 5 4 3 2 1 10 10 11 11 5 4 4N23°10 '39 "W 120 .00202ND ST. KETT L E PASS N73°49'37"E 10 .54S4 9 ° 5 7 ' 3 0 "W 1 1 . 5 0 N65° 0 4' 4 0" E 20.3 6 N17°44'25"W 95.00 S87°22'56"E 43.12 5 S47°34'36"W 35.92N17°44'25"W 95.00 S83°04'21"E 23.96L=30.01Δ=1°43'09"L=30.00Δ=1°43'09"R=1000.00L=368.49Δ=21°06'46"C.Brg=N19°40'11"WC=366.41L=187.92Δ=10°46'00"L=120.56Δ=6°54'28"RITTER MEADOWS OFFICIAL PLAT INSET B Page 206 of 271 City of Lakeville Public Works – Engineering Division Memorandum To:Kris Jenson, Planning Manager From:Zach Johnson, City Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy:Julie Stahl, Finance Director Tina Goodroad, Community Development Director Dave Mathews, Building Official Date:May 6, 2024 Subject:Ritter Meadows •Final Plat •Final Utility Plan •Final Grading and Erosion Control Plan •Final Tree Preservation BACKGROUND TCLD LF3 Ritter, LLC (Twin Cities Land Development) and DPS-Lakeville, LLC submitted a final plat named Ritter Meadows. This is the first phase of the Ritter Meadows preliminary plat approved by the City Council on January 16, 2024. The proposed subdivision is located north of and adjacent to 205th Street, and west of and adjacent to Interstate 35. The parent parcels consist of eight metes and bounds parcels (PID Nos. 22-02500-28-010, 22-02500-28- 020, 22-02500-29-010, 22-02600-01-010, 22-02600-01-020, 22-02600-02- 010, 22-02600-03-010 and 22-02600-04-010). An administrative subdivision was approved on January 9, 2024, to combine/subdivide the parcels to delineate the two property ownership groups. The parcels are zoned RST-2 (Single and Two-Family Residential District), RM-1 (Medium Density Residential District), RH-2 (Multiple Family Residential District) and C-3 (General Commercial District). The final plat consists of 19 detached townhome lots, 80 attached townhome lots and five common-area lots within five blocks, and nine outlots on 134.73 acres. The Developers are dedicating 2.06 acres for 205th Street right-of-way. Page 207 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 2 OF 13 The outlots created with the final plat have the following uses: Outlot A:Neighborhood Park; deeded to City (2.84 acres) Outlot B:Stormwater Management Basin; deeded to City (3.82 acres) Outlot C:Stormwater Management Basin and Drainageway; deeded to City (6.60 acres) Outlot D: Future Development; retained by TCLD LF3 Ritter, LLC (7.37 acres) Outlot E:Future Development; retained by TCLD LF3 Ritter, LLC (20.57 acres) Outlot F:Future Development; retained by TCLD LF3 Ritter, LLC (8.76 acres) Outlot G: Monument; retained by TCLD LF3 Ritter, LLC (0.04 acres) Outlot H: Future Development; retained by DPS-Lakeville, LLC (59.28 acres) Outlot I: Stormwater Management Basin; deeded to City (2.69 acres) The development will be completed by: Developers: TCLD LF3 Ritter, LLC (Twin Cities Land Development) DPS-Lakeville, LLC Engineer/Surveyor: Alliant SITE CONDITIONS The Ritter Meadows site consists of undeveloped land. Most of the site was previously mined and subsequently reclaimed. The northeast and northwest corners of the site appear to have been naturally preserved and contain woodlands. A Vermillion River Watershed Joint Powers Organization (VRWJPO) water corridor, classified as a tributary connector, exists in the northeast corner of the site. An existing homestead is centrally located along the south plat boundary. All existing structures, accessory buildings, driveways and aprons, fences and septic systems shall be removed, and all wells shall be abandoned with the final plat. The Developer (DPS-Lakeville, LLC) shall provide a $50,000 security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations, including demolition permit from the Building Inspections Division. The Developer (TCLD LF3 Ritter, LLC) is actively mass grading the site, following preliminary plat approval and the issuance of a grading permit. Page 208 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 3 OF 13 ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) An environmental assessment worksheet (EAW) was prepared consistent with Environmental Quality Board (EQB) requirements and Minnesota Rules 4410. The Developers addressed the comments identified in the EAW review process. A Negative Declaration on the EAW was adopted by the City Council on September 19, 2022. EASEMENTS The parent parcels contained a number of existing public and private easements. The existing public easements were vacated upon approval of the preliminary plat. STREET AND SUBDIVISION LAYOUT Interstate 35 Ritter Meadows is located west of and adjacent to Interstate 35, a State highway classified as a principal arterial. No additional right-of-way is required, and no construction improvements are proposed with Ritter Meadows. 205th Street Ritter Meadows is located north of and adjacent to 205th Street, a City roadway classified as a major collector. The Developers are dedicating right-of-way, as shown on the final plat, to satisfy the right-of-way requirement of 120 feet. 205th Street is a two-lane undivided rural roadway. 205th Street is programmed to be reconstructed, with the addition of bituminous shoulders, in 2027 in Lakeville’s current adopted 5-year Capital Improvement Plan (2024-2028). Development of Ritter Meadows includes the construction of westbound right- turn lanes at the intersections of Keokuk Avenue, Keystone Avene and the River City Asphalt driveway. The Developer (TCLD LF3 Ritter, LLC) is responsible for any and all easement acquisition necessary to construct the turn lanes. Keokuk Avenue Development of Ritter Meadows includes construction of Keokuk Avenue, a City roadway classified as a minor collector. The roadway is designed as a 36- foot-wide urban road within an 80-foot-wide right-of-way. The Developers are dedicating the necessary right-of-way as shown on the final plat. The Developer (TCLD LF3 Ritter, LLC) shall construct Keokuk Avenue and place barricades past the 202nd Steet intersection. Future street extension signs and barricades must be installed at the end of the roadway. Page 209 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 4 OF 13 Local Roads Development of Ritter Meadows includes construction of 202nd Street, 203rd Street and Keystone Avenue, City roadways classified as local roads. The roadways are designed as 32-foot-wide urban roads with a sidewalk along one side, within a 60-foot-wide right-of-way. The Developers are dedicating the necessary right-of-way as shown on the final plat. The Developer (TCLD LF3 Ritter, LLC) shall construct temporary cul-de-sacs at the north end of Keystone Avenue and the west end of 202nd Street within temporary public roadway, drainage and utility easements and provide a $5,000 security for the future removals. Future street extension signs and barricades must be installed at the end of Keystone Avenue, 202nd Street, and Kettle Pass. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction shall be determined with the final construction plans. PARKS, TRAILS, AND SIDEWALKS Development of Ritter Meadows includes the construction of public sidewalks. Five-foot-wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets. Development of Ritter Meadows includes the construction of public trails. Bituminous trails, with pedestrian curb ramps, will be installed along the west side of Keokuk Avenue and along the north side of 205th Street from the west plat boundary to Keokuk Avenue. The Developer (TCLD LF3 Ritter, LLC) is eligible for credit for the City’s 3/8ths share (excluding grading and restoration) of the trail improvements. A $32,309.55 credit will be applied to the Ritter Meadows cash requirements. A bituminous trail, with pedestrian curb ramps, will be installed along the east side of Keokuk Avenue at the time Outlot H (DPS-Lakeville, LLC) is final platted into lots and blocks. The Developer (TCLD LF3 Ritter, LLC) shall rough grade the park site (Outlot A) per the approved grading plans. The material from the park area however may not be used as borrow for grading purposes (soil material must be suitable for fill, vegetation and drainage). The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a combination of land dedication and a cash Page 210 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 5 OF 13 contribution. The Park Dedication requirement will be collected with the final plat, calculated as follows: Dedication Requirement Summary Gross Area of Ritter Meadows 134.73 acres Less Area of Outlot G (Future Development) (-) 59.28 acres Total Buildable Area 75.45 acres 75.45 acres x 14%= 10.56 acres Buildable Area Ritter Meadows Medium Density Residential Rate Dedication Requirement Ritter Meadows 2.84 acres ÷ 10.56 acres = 26.89% Dedicated Park Outlot A, Ritter Meadows Dedication Requirement Ritter Meadows Dedication Requirement Met (via Land) Ritter Meadows 26.89%x 255 lots = 68.58 lots Dedication Requirement Met (via Land) Ritter Meadows Preliminary Platted Lots Ritter Meadows Dedication Requirement Satisfied Ritter Meadows 99 units - 68.58 units x $3,929.00 = $119,520.18 Total Units Ritter Meadows Dedication Requirement Satisfied Ritter Meadows 2024 Unit Rate Park Dedication Fee Ritter Meadows The Park Dedication requirement will be collected at the time Outlots D, E and F (TCLD LF3 Ritter, LLC) and Outlot H (DPS-Lakeville, LLC) are final platted into lots and blocks through a cash contribution at the rate in effect at the time of final plat approval. UTILITIES SANITARY SEWER Ritter Meadows is located within subdistricts SC-13300, SC-13310 and SC- 13320 of the South Creek sanitary sewer district. Wastewater will be conveyed through City sanitary sewer to the MCES interceptor sewer monitored by meter M646. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. Development of Ritter Meadows includes construction of public sanitary sewer. Sanitary sewer will extend within the subdivision from an existing stub located within 205th Street, at the southeast corner of Outlot H. Page 211 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 6 OF 13 The Developer (TCLD LF3 Ritter, LLC) is eligible for credit for sanitary sewer improvements oversized to serve future development. A $140,938.56 credit will be applied to the Ritter Meadows cash requirements. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and is required with the final plat. The fee is based on the rate in effect at the time of final plat approval, and calculated as follows: 99 units x $327.00 = $32,373.00 Total Units Ritter Meadows 2024 Unit Rate Sanitary Sewer Availability Charge Ritter Meadows Addition The Sanitary Sewer Availability Charge will be collected at the time Outlots D, E, and F (TCLD LF3 Ritter, LLC) are final platted into lots and blocks, at the rate in effect at the time of final plat approval. WATERMAIN Development of Ritter Meadows includes construction of public watermain. Watermain will extend within the subdivision from existing stubs located within 205th Street at the intersections of Keokuk Avenue and Keystone Avenue. The Developer (TCLD LF3 Ritter, LLC) is eligible for credit for watermain improvements oversized to serve future development. A $86,387.75 credit will be applied to the Ritter Meadows cash requirements. The Developer (TCLD LF3 Ritter, LLC) is eligible for reimbursement for the cost difference between installing a privately owned and maintained high- efficiency irrigation system and a standard system in Ritter Meadows. The reimbursement will include design costs, construction observation (at a rate of $6,000 per phase), and development of a maintenance manual (all to be completed by Water in Motion, Inc.) to be included in all future property management documents. The Developer (TCLD LF3 Ritter, LLC) and future property management association will be responsible for all future operation, maintenance, and upkeep of the irrigation system. ASSESSMENTS Parent parcel PID No. 22-02500-28-010 was previously assessed for lateral sanitary sewer and watermain installed with City Project 88-9. The remaining balance of the assessment, $8,255.88, shall be paid by the Developer (DPS- Lakeville, LLC) with the final plat. Page 212 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 7 OF 13 Parent parcel PID No. 22-02500-29-010 was previously assessed for lateral sanitary sewer and watermain installed with City Project 88-9. The remaining balance of the assessment, $4,046.92, shall be paid by the Developer (DPS- Lakeville, LLC) with the final plat. Parent parcel PID No. 22-02600-04-010 was previously assessed for lateral sanitary sewer and watermain installed with City Project 88-9. The assessment is paid in full. UNDERGROUNDING Existing aboveground equipment (utility lines and poles) is located along the north side of 205th Street, adjacent to the parent parcels. The equipment must be relocated and maintained underground with development of Ritter Meadows, consistent with the City’s Public Ways and Property Ordinance. The Developer (TCLD LF3 Ritter, LLC) shall provide a $26,266 security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations. DRAINAGE AND GRADING Ritter Meadows is located primarily within subdistricts ML-061 and ML-065-19- 1 of the Marion Lake stormwater district. The northeast corner is located within subdistricts ML-064-171B and ML-065-171A. The southern property line is located within subdistricts ML-078A and ML-080A. Development of Ritter Meadows includes the construction of public stormwater management basins. The basins will be located in Outlots B, C, and I and provide treatment and rate control of stormwater runoff generated from the site. The stormwater management design is consistent with the City’s stormwater management ordinance. A Vermillion River Watershed Joint Powers Organization (VRWJPO) water corridor, classified as a tributary connector, exists in the northeast corner of the site, within Outlot H. The VRWJPO water corridor and buffer will be placed in an outlot and deeded to the City at the time Outlot H (DPS-Lakeville, LLC) develops into lots and blocks. The final grading plan shall identify all fill lots in which building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as- built certified grading plan are submitted and approved by City staff. Page 213 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 8 OF 13 Ritter Meadows contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Development of Ritter Meadows includes construction of public storm sewer systems. Storm sewer will be constructed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to public stormwater management basins located with Outlots B, C and I, Ritter Meadows. Draintile construction is required in areas of non-granular soils within Ritter Meadows Addition for the street subgrade and lots. Any additional draintile construction, including perimeter draintile required for building footings, deemed necessary during construction by the City shall be the Developer’s (TCLD LF3 Ritter, LLC) responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and will be collected with the final plat, calculated as follows: Storm Sewer Charge Summary Gross Area of Ritter Meadows 5,868,839 s.f. Less Area of Outlot A (Park)(-) 123,710 s.f. Less Area of Outlot B (Stormwater Basin) (-) 166,399 s.f. Less Area of Outlot C (Stormwater Basin) (-) 287,496 s.f. Less Area of Outlot D (Future Development) (-)321,037 s.f. Less Area of Outlot E (Future Development) (-) 896,029 s.f. Less Area of Outlot F (Future Development) (-) 381,586 s.f. Less Area of Outlot H (Future Development) (-) 2,582,237 s.f. Less Area of Outlot I (Stormwater Basin) (-) 117,009 s.f. Less Area of 205th Street Right-of- Way (-) 89,734 s.f. Total Storm Sewer Charge Area 903,602 s.f. Page 214 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 9 OF 13 903,602 s.f.x $0.198/s.f. = $178,913.20 Net Area Ritter Meadows 2024 Unit Rate Storm Sewer Charge Ritter Meadows The Storm Sewer Charge will be collected at the time Outlots D, E and F (TCLD LF3 Ritter, LLC) and Outlot H (DPS-Lakeville, LLC) are final platted into lots and blocks, at the rate in effect at the time of final plat approval. The Developer (TCLD LF3 Ritter, LLC) is eligible for credit for storm sewer improvements oversized to serve future development. A $351,019.22 credit will be applied to the Ritter Meadows cash requirements. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. FEMA FLOODPLAIN ANALYSIS Ritter Meadows is shown on the Flood Insurance Rate Map (Map Nos. 27037C0191E and 27037C0193E; Eff. Date 12/2/2011) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WETLANDS A wetland delineation of the site was approved on December 10, 2021. No wetland impacts are proposed with Ritter Meadows. TREE PRESERVATION The tree preservation/inventory plan submitted with the Ritter Meadows preliminary plat identifies approximately 812 existing significant trees located within the preliminary plat boundaries. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1. Measures to protect significant trees as identified in the Tree Preservation ordinance (10-4-11) are to be installed and followed from the start of construction to the end of construction. The final plat is consistent with the approved preliminary plat tree preservation plan. EROSION CONTROL The Developer (TCLD LF3 Ritter, LLC) is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during Page 215 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 10 OF 13 construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP. The Developer (TCLD LF3 Ritter, LLC) is responsible for the establishment of native vegetation around all stormwater management basins and along the creeks and wetlands within the buffer areas. Redundant silt fence is required along all wetlands and waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures shall be installed and maintained by the Developers. The MS4 Administration Fee has not been collected on the parent parcels and shall be paid with the final plat, calculated as follows: $2,346,413.41 x 2%= $46,928.27 Grading Cost Ritter Meadows 2024 Rate MS4 Administration Fee Ritter Meadows The MS4 Administration Fee will be collected at the time Outlots D, E and F (TCLD LF3 Ritter, LLC) and Outlot H (DPS-Lakeville, LLC) are final platted into lots and blocks, at the rate in effect at the time of final plat approval. SECURITIES The Developers shall provide a Letter of Credit as security for the Developer- installed improvements relating to Ritter Meadows. Construction costs are based upon estimates submitted by the Developer’s engineer on February 21, 2024 (revised May 14, 2024). CONSTRUCTION COSTS Sanitary Sewer $ 554,195.61 Watermain 255,892.27 Storm Sewer 450,232.93 Street Construction 788,953.28 205th Street Turn Lanes 146,133.80 Grading, Erosion Control and Vegetation Establishment 501,525.45 SUBTOTAL - CONSTRUCTION COSTS $ 2,696,933.34 OTHER COSTS Developer’s Design (3.0%)$ 80,908.00 Developer’s Construction Survey (2.5%)67,423.33 City’s Legal Expense (0.5%)13,484.67 City Construction Observation (5.0%)134,846.67 Developer’s Record Drawing (0.5%)13,484.67 Page 216 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 11 OF 13 Remove Existing Structures, Driveways, Fences, Septic Systems, and Wells (DPS-Lakeville, LLC) 50,000.00 Temporary Cul-De-Sac Removal/Restoration 5,000.00 Undergrounding of Overhead Facilities 26,266.00 Landscaping 26,175.00 Streetlights 22,400.00 Lot Corners/Iron Monuments 11,300.00 SUBTOTAL - OTHER COSTS $ 451,288.33 TOTAL PROJECT SECURITY $ 3,148,221.67 The street light security totals $22,400 which consists of four (4) mast-arm streetlights at $1,400 each and fourteen (14) post-top streetlights at $1,200 each. The Developers shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $11,300.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street, and utility construction. CASH FEES A cash fee of $3,800.00 for traffic control signs shall be paid with the final plat. If traffic control signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. A cash fee for one-year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 99 units x $40.48/unit = $4,007.52 Total Units Ritter Meadows 2024 Rate Streetlight Operating Fee Ritter Meadows A cash fee for one-year of environmental resources management expenses shall be paid with the final plat and is calculated as follows: 99 units x $59.16/unit x 0.50 = $2,928.42 Total Units Ritter Meadows 2024 Rate Utility Factor Environmental Resources Fee Ritter Meadows A cash fee for the preparation of addressing, property data, and City base map updating shall be paid with the final plat and is calculated as follows: Page 217 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 12 OF 13 113 lots x $90.00/unit = $10,170.00 Lots/Outlots Ritter Meadows 2024 Rate Property Data & Asset/Infrastructure Mgmt. Fee Ritter Meadows The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. The Developer shall pay a cash fee for City Engineering Administration. The fee for City Engineering Administration is based on three percent (3.00%) of the estimated construction cost, or $80,908.00. CASH REQUIREMENTS Park Dedication $ 119,520.18 Sanitary Sewer Availability Charge 32,373.00 Assessment #1225 (PID 22-02500-28-010) (DPS- Lakeville, LLC) 8,255.88 Assessment #1225 (PID 22-02500-29-010) (DPS- Lakeville, LLC) 4,046.92 Storm Sewer Charge 178,913.20 MS4 Administration Fee 46,928.27 Traffic Control Signs 3,800.00 Streetlight Operating Fee 4,007.52 Environmental Resources Management Fee 2,928.42 Property Data and Asset/Infrastructure Management Fee 10,170.00 City Engineering Administration (3.00%)80,908.00 SUBTOTAL – CASH REQUIREMENTS $ 491,851.38 CREDITS TO CASH REQUIREMENTS Trail Improvements (Park Dedication Fund) $ 32,309.55 Sanitary Sewer Improvements (Sanitary Sewer Fund) 140,938.56 Watermain Improvements (Water Fund)86,387.75 Storm Sewer Improvements (Storm Sewer Fund)351,019.22 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 610,655.08 TOTAL CASH REQUIREMENTS $ (118,803.70) Page 218 of 271 RITTER MEADOWS – FINAL PLAT MAY 6, 2024 PAGE 13 OF 13 RECOMMENDATION Engineering recommends approval of the final plat, grading and erosion control plan, tree preservation, and utility plan for Ritter Meadows, subject to the requirements and stipulations within this report. Page 219 of 271 Date: 5/20/2024 Resolution Approving Charitable Gambling For Lakeville Lions Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution granting approval to Lakeville Lions to conduct lawful gambling at El Parian Mexican Restaurant. Overview Lakeville Lions Club has applied to the State of Minnesota Gambling Control Board to conduct gambling activities at El Parian Mexican Restaurant, 17557 Glasgow Avenue. The application requires approval by the City Council. Lakeville Lions Club is a qualified organization and meets all City and State requirements for lawful gambling. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Ann Orlofsky, City Clerk Page 220 of 271 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION APPROVING CHARITABLE GAMBLING FOR LAKEVILLE LIONS WHEREAS, the City of Lakeville received an application from the Lakeville Lions Club to conduct gambling activities at El Parian Mexican Restaurant, 17557 Glasgow Avenue; and WHEREAS, Lakeville Lions Club is a qualified organization. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville grants approval to Lakeville Lions Club to conduct gambling activities at El Parian Mexican Restaurant, 17557 Glasgow Avenue. DATED this 20th day of May 2024. CITY OF LAKEVILLE _________________________ Luke M Hellier, Mayor _________________________ Ann Orlofsky, City Clerk Page 221 of 271 Date: 5/20/2024 Superior Sand and Gravel Interim Use Permit Proposed Action Staff recommends adoption of the following motion: Move to approve an interim use permit to Superior Sand & Gravel and adopt the findings of fact. Overview On May 6, 2024, the City Council tabled action on the interim use permit request of Superior Sand and Gravel 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. The applicant 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. The request is to excavate, crush, and sort the aggregate within a two year period with additional time requested to export the sorted aggregate while also importing fill material to bring the property to a final minimum grade to allow future development of the property. The Interim Use Permit application proposed mining and fill activity 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. Following the City Council motion and approval to table the item until the May 20, 2024 meeting, the applicant has since agreed to a revised and reduced timeframe of mining, excavation, and fill/grading activity to between May 2024 through December 31, 2026 provided the quantity of import fill material exceeds the quantity of export material from the property during that period. If import material exceeds export material during this period, then one additional year of mining and excavation shall be allowed until December 31, 2027. Supporting Information 1. IUP Form 2. CC Findings of Fact 3. Superior Sand & Gravel IUP Planning Report 4. Resident comment 5. 05-06-2024 CC Minutes Page 222 of 271 Financial Impact: $0.00 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, Associate Planner Page 223 of 271 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 shoreline 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. 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. Page 224 of 271 2 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. g. The on-site stormwater basins 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. k. Grading and hauling and crushing operations may occur only between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Crushing of aggregate mined on the property and stockpiling operations shall not occur on Saturdays. 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 Page 225 of 271 3 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. Mining and excavation operations shall be permitted until December 31, 2026 provided the quantity of import fill material exceeds the quantity of export material from the property. If import material exceeds export material during this period, then one additional year of mining and excavation shall be allowed until December 31, 2027. 4. Termination of Permit. The City may revoke the interim use permit following a public hearing for violation of the terms of this permit. 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 20, 2024 CITY OF LAKEVILLE BY: ________________________ Luke M. Hellier, Mayor BY: ________________________ Ann Orlofsky, City Clerk Page 226 of 271 4 The foregoing instrument was acknowledged before me this 20th 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 227 of 271 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. 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. Page 228 of 271 2 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. 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 Page 229 of 271 3 The City Council approves the Superior Sand and Gravel interim use permit in the form attached hereto. DATED: May 20, 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 20th 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 230 of 271 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 231 of 271 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 232 of 271 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 233 of 271 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 234 of 271 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 235 of 271 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 236 of 271 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 237 of 271 EXHIBIT A Page 238 of 271 EXHIBIT BPage 239 of 271 EXHIBIT C Page 240 of 271 EXHIBIT D Page 241 of 271 EXHIBIT E Page 242 of 271 EXHIBIT FPage 243 of 271 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 245 of 271 1 Dempsey, Frank From:Thomas Moran <tamoran57@gmail.com> Sent:Tuesday, April 23, 2024 6:21 PM To:Dempsey, Frank Subject:Interim permit, Superior Sand & Gravel 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 246 of 271 City Council Meeting Minutes May 6, 2024 Page 3 Mayor Hellier opened the public hearing at 6:24 p.m. There were no comments from the public. Motion was made by Lee, seconded by Volk, to close the public hearing at 6:25 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Lee, seconded by Volk,to grant a Consumption and Display Permit to Final, Final, Final Event and Display Center. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter c. Ordinance Amending Titles 10 and 11 of the City Code and Summary Ordinance for Publication Community Development Director Goodroad presented the staff report on the Zoning Ordinance Amendments. 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 unanimously recommended approval of the ordinance amendment. The council asked questions related to the hours and noise surrounding the operation of car washes. The Council had concerns about the change in the requirement for the overall buffer height and would like it to be evaluated by staff. Motion was made by Lee, seconded by Wolter, to approve an ordinance amending Titles 10 and 11 of the City Code and a summary ordinance for publication with the exception of Section 13A. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter d. Superior Sand and Gravel Interim Use Permit Dan Swift, with Superior Sand and Gravel, requested 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 proposed 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. Associate Planner Frank Dempsey presented the staff report. 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 were comments provided by three individuals, one in Page 247 of 271 City Council Meeting Minutes May 6, 2024 Page 4 person and two via email. The Planning Commission recommended unanimous approval of the interim use permit subject to 19 stipulations. Doug Anderson, 198127 Jersey Ave, addressed the City Council and was grateful that the application includes the restriction that material will not be imported to the site for processing. However, Mr. Anderson added that he has concerns about the timing of the IUP. He requested the Council to consider approving an extension of the permit for two years as presented with the stipulations clarified by Mr. Dempsey's report and add a stipulation that there would be no further extensions after two years. Council asked questions related to the manning operation, and the grading permit, and the timeline. The also discussed changing the end date to 2026. Motion was made by Volk , seconded by Wolter , to table it to the next council meeting May 20. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter 8. Unfinished Business None. 9. New Business None. 10. Announcements a. Next Regular City Council Meeting May 20, 2024 b. Next Work Session Meeting Tuesday, May 28, 2024 11. Adjourn Motion was made by Wolter, seconded by Volk, to adjourn the meeting at 7:30 p.m. Voice vote was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 248 of 271 Date: 5/20/2024 Holman Interim Use Permit Proposed Action Staff recommends adoption of the following motion: Move to approve the Debra Holman interim use and adopt the findings of fact. Overview Debra Holman has submitted an application for an interim use permit to allow an apiary (keeping of honeybees) accessory use on a single family home property located at 18005 Jacquard Path in the RS-2, Single Family Residential District. An apiary is allowed in a residential zoning district subject to 11-35-3.F.2 of the Zoning Ordinance. This is the first application submitted for an apiary on a residential property since the Zoning Ordinance was amended to allow them in 2017. The Planning Commission held a public hearing at its May 9, 2024 meeting. There was comment provided from one person at the public hearing. Two individuals sent emails following the public hearing, which are attached. The Planning Commission recommended unanimous approval of the interim use permit subject to six stipulations. Supporting Information 1. Interim Use Permit Form 2. CC Findings of Fact 3. May 9, 2024 Draft Planning Commission Minutes 4. Correspondence Received Following Public Hearing 5. May 3, 2024 Planning Report Financial Impact: $0.00 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Frank Dempsey, Associate Planner Page 249 of 271 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 approves an interim use permit to Debra Holman for an interim use permit to allow an apiary (keeping of honeybees) as an accessory use on a single-family home property located at 18005 Jacquard Path. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 8, Block 2, Wyldwood Oaks 3. Conditions. This interim use permit is issued subject to the following conditions: a) The apiary (keeping of bees) shall comply with all requirements outlined in 11-35- 3.F.2 of the Zoning Ordinance, as may be amended from time to time. b) Not more than two apiaries shall be permitted on the subject property. c) The apiary(s) shall meet all setback requirements. d) A fence be installed by the property owner (Holman) if the adjacent trees are cleared or removed by the property owner immediately abutting the Holman property near where the proposed hive is located. e) The property shall be inspected immediately after the apiary is established and one year following approval of the interim use permit to determine compliance with the terms of the interim use permit and Zoning Ordinance requirements. f) The interim use permit shall terminate upon a change of property ownership or when the apiary use has been discontinued for more than one year. Page 250 of 271 2 4. Revocation. The City may revoke the interim use permit for cause upon determination that the interim use permit is not in conformance with the conditions of the permit or is in continued violation of the city code or other applicable regulations. 5. Expiration. This interim use permit shall expire unless the applicant commences the authorized use within one year of the date of this interim use permit unless an extension is approved by the Zoning Administrator. Dated: May 20, 2024 BY: ________________________ Luke M. Hellier, Mayor BY:________________________ Ann Orlofsky, City Clerk SEAL STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 20th 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 Lakeville, MN 55044 Page 251 of 271 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA HOLMAN INTERIM USE PERMIT FINDINGS OF FACT AND DECISION On May 9, 2024 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Debra Holman for an interim use permit to allow an apiary (beekeeping) accessory use on a residential zoned property located at 18005 Jacquard Path. The Planning Commission held a public hearing on the proposed interim use permit preceded by published and mailed notice. The applicant was present, and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is located in Planning District No. 2 of the 2040 Comprehensive Plan, which guides the property for low density residential uses. 2. The property is currently zoned RS-2, Single Family Residential District. 3. The legal description of the property is: Lot 8, Block 2, Wyldewood Oaks 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. Section 11-5-3 states that interim use permits shall be processed according to the standards and procedures for 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: The proposed apiary accessory use is consistent with the policies and provisions for residential uses in Planning District 2 of the 2040 Comprehensive Land Use Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed apiary accessory use will be compatible with existing and future land uses in the area given compliance with the interim use permit. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Page 252 of 271 2 Finding: The proposed apiary accessory use will conform with all performance standards contained in the Zoning Ordinance and the City Code given compliance with the terms of the interim use permit. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject property is served with necessary public services for a residential use. The accessory use of an apiary will not overburden the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The proposed apiary accessory use will not adversely impact streets serving the property. 5. The planning report dated May 3, 2024 prepared by Frank Dempsey, Associate Planner is incorporated herein. DECISION The City Council approves the interim use permit in the form attached hereto. DATED: May 20, 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 20th 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 Page 253 of 271 3 Seal DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 254 of 271 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES May 9, 2024 Chair Majorowicz called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. New Planning Commission alternate member, Alexander Checcini, was sworn in by Community Development Director Tina Goodroad. Members Present: Chair Jenna Majorowicz, Vice Chair Christine Zimmer, Alexander Checcini, Scott Einck, Pat Kaluza, Jason Swenson, Ex-Officio Jeff Hanson. Commissioner Tinsley arrived at 6:04 pm. Members Absent: Patty Zuzek Staff Present: Tina Goodroad, Community Development Director: Kris Jenson, Planning Manager. 4. Approval of the Meeting Minutes The April 25, 2024 Planning Commission meeting minutes were approved as presented. 5. Announcements Planning Manager Kris Jenson stated that if tonight’s agenda item isn’t tabled, the May 23, 2024 Planning Commission meeting will be cancelled. 6a. Debra Holman Chair Majorowicz opened the public hearing to consider the application of Debra Holman for an interim use permit (IUP) to allow an apiary (bee keeping) in the RS-2, Single Family Residential District, located at 18005 Jacquard Path. Debra Holman, applicant, presented a brief overview of the request. Community Development Director Tina Goodroad presented the planning report. Ms. Goodroad stated the applicant submitted an application for an interim use permit to allow an apiary, which is the keeping of bees on a single-family home property located at 18005 Jacquard Avenue. Ms. Holman proposes to keep one hive initially, with the ability to add a second hive in the same location in the future. Since a maximum of two hives are on a residential lot that is less than 25,000 square feet, the additional hive is recommended to be permitted at the property owner’s discretion subject to compliance with Zoning Ordinance requirements. Ms. Goodroad reviewed the performance standards as well as the interim use requirements from the Zoning Ordinance. The City’s discretion in reviewing the application for the IUP is limited to applying the applicable city code provisions to the facts related to the specific application. Page 255 of 271 Planning Commission Meeting Minutes, April 25, 2024 Page 2 Community Development Department staff recommends approval of the Debra Holman interim use permit, subject to the five stipulations listed in the May 3, 2024 planning report. Chair Majorowicz opened the hearing to the public for comment. Julie Ostergaard -18031 Jacquard Path Ms. Ostergaard expressed concerns about the potential impacts for those who are severely allergic to bee stings, including her daughter and several friends. She noted that when the ordinance was approved, there were comments made by several Councilmembers with concerns about the potential impacts of the ordinance and that they suggested the language be reviewed after a year to see if changes were needed. She requested that the application be denied or tabled until additional restrictions can be added to the Zoning Ordinance. Motion was made by Kaluza seconded by Zimmer to close the public hearing at 6:14 p.m. Voice vote was taken on the motion. Ayes – unanimous. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Public hearing notification requirements. • Which emergency services carry epinephrine injections (fire does but not police). • How aggressive bee behavior is or would be defined. • Recourse for neighbors who experience negative consequences and whether the use of bee spray is prohibited. • Distance bees will travel to forage; applicant stated normal area is one to two miles but could travel up to five miles. • Chair Majorowicz stated that her brother has a hive on a larger acre parcel not in Lakeville, but she has been outdoors with her young child and dog at his home and hasn’t seen or noticed a large quantity of bees outdoors or had an issue with bees during visits. • Whether bees tend to revisit certain areas or continue to move around. • Whether studies of neighboring communities and comparable lots sizes were reviewed • Commissioners Kaluza and Swenson confirmed that language was adjusted for typical Lakeville lot sizes. • Commissioner Swenson also shared his experiences with family members that keep bees as well as those who are allergic. • Commissioner Swenson asked about the Planning Commission’s discretion in considering IUP. • Director Goodroad suggested that a stipulation be added to review the site once the hive is established and then again in one year to review bee keeping and see how the ordinance fits the situation. • Commissioners expressed support for the added stipulation. Page 256 of 271 Planning Commission Meeting Minutes, April 25, 2024 Page 3 Motion was made by Kaluza, seconded by Swenson to recommend to City Council approval of the Debra Holman interim use permit subject to the following stipulations, as amended: 1. The keeping of bees (apiary) shall comply with all requirements outlined in 11-35-3.F.2 of the Zoning Ordinance, as may be amended from time to time. 2. Not more than two apiaries shall be permitted on the subject property. 3. The apiary(s) shall meet all setback requirements. 4. A fence be installed by the property owner (Holman) if the adjacent trees are cleared or removed by the property owner immediately abutting the Holman property near where the proposed hive is located. 5. The interim use permit shall terminate upon a change of property ownership or when the apiary use has been discontented for more than a year. 6. The subject property shall be inspected by Community Development staff once the hive is established and one year after the establishment of the hive. Ayes: Checcini, Kaluza, Majorowicz, Zimmer, Einck, Swenson, Tinsley Nays: 0 There being no further business, the meeting was adjourned at 6:40 p.m. Respectfully submitted, Kris Jenson, Planning Manager Page 257 of 271 From: Mark Brown <mbrown67@icloud.com> Sent: Monday, May 13, 2024 11:47 AM To: WEB CouncilInfo Email <CouncilInfo@lakevillemn.gov> Subject: Well Sorry for duplicating - Bee Hive 5/20 Mayor Hillier: My name is Mark Brown - received notice of a neighbor at 18005 Jacquard Path - Lakeville, MN 55044 wants to put 20,000 Honey Bee’s at their home. 1st - the neighbor at 18005 Jacquard Path already has 10,000 Bee’s at their home, we are very concerned about these bee’s as I understand them to not be overly aggressive but will if provoked. We have Bee allergy’s in our home, now we are 2 houses away from them. This would be a concern. We do get a number of other hives at our home, because of its south backing and pool. 2nd - why do they already have bee’s when we have a city council meeting on this on 20th? 3rd - as President of the Wildwood Oaks Homeowners Association, I have already been asked by 2 neighbors to oppose this as they also have Bee Allergy’s in house and grandkids who frequent their homes. Unfortunately I or my wife won’t be able to attend the meeting. Celebrating a college graduation in Mexico. We will respect the city council’s vote but we are opposed to these hives being in a neighborhood. Mark Brown 18082 Jacquard Court Lakeville, MN 55044 612-2213462 Page 258 of 271 From: dgood20@gmail.com <dgood20@gmail.com> Sent: Monday, May 13, 2024 9:35 PM To: WEB CouncilInfo Email <CouncilInfo@lakevillemn.gov> Subject: Lakeville City Council Consideration of Holman Apiary Use Permit Dear City Council Members and Mr. Mayor, I am writing to you regarding the subject matter to be considered at the City Council meeting on May 20, 2024. For introduction, my name is Dan Good and my family and I live at 18056 Jacquard Court in Lakeville on a property closely located to the Holman residence. I ask that you reject the subject application for multiple reasons, including but not limited to the health and welfare of neighboring residents. First and foremost, we have serious concerns of introducing thousands of bees into our neighborhood environment. While we understand bees are part of the natural environment, we have a family member who is severely allergic to bee stings. When stung by such insects, her reaction isn’t something that is abated by a simple inhaler or taking a Diphenhydramine Hydrochloride HCl pill. It is life threatening immediately closing her breathing passages and always requires emergency room attention. The fact that multiple hives of bees could be allowed near our property is deeply concerning. In addition, as pictured in Exhibit D there is appears to be a beehive already installed. I would appreciate if the City Council would investigate whether that hive is populated because if so, it would appear that he applicant is already in violation of city ordinance. Unfortunately, we will be out of the country on May 20, 2024, when the hearing is held. I would be happy to discuss this matter with any of you prior to the meeting if that would be helpful. I hope you will take our input into consideration on your permit decision. Best Regards, Dan Good 18056 Jacquard Court Lakeville, MN 55044 (cell) 612-8454-3174 Page 259 of 271 City of Lakeville Community Development Dept. Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: May 3, 2024 Subject: Packet Material for the May 9, 2024 Planning Commission Meeting Agenda Item: Debra Holman Interim Use Permit Application Action Deadline: June 7, 2024 INTRODUCTION Debra Holman has submitted an application for an interim use permit to allow an apiary (keeping of honeybees) accessory use on a single family home property located at 18005 Jacquard Path in the RS-2, Single Family Residential District. An apiary is allowed in a residential zoning district subject to 11-35-3.F.2 of the Zoning Ordinance. The following exhibits are attached for your information: EXHIBITS A. Location Aerial Photo B. Zoning Map C. Property Survey and Location D. Photograph of Beehive and Location Page 260 of 271 2 Surrounding Land Uses and Zoning: North – Dakota Heights (City Owned) Water Tower Property - 9.8 Acres – P/OS, Park/Open Space District South – Single Family Home (RS-2 District) East – Jacquard Path and Single Family Home (RS-2 District) West – Single Family Homes (RS-3 District) STAFF ANALYSIS Debra Holman requests an interim use permit to allow up to two apiaries for the keeping of honeybees at the northwest corner of her property, adjacent to an existing storage shed. Apiaries are allowed in residential districts subject to approval of an interim use permit and in accordance with performance standards outlined in the Zoning Ordinance as the category of keeping animals. An interim use permit requires a public hearing, including notification by mail of all property owners within 500 feet of the property. History of Ordinance 979: In 2017, at the request of citizens encouraging an ordinance to allow the keeping of bees, Planning Department staff completed a study of area cities and obtained the consultations of professional beekeepers to draft an amendment to the Zoning Ordinance that included performance criteria for the keeping of bees. The Planning Commission recommended adoption of regulations which was later approved by the City Council. This is the first request to come forward since adoption of the regulations. Interim Use Permit Performance Criteria. The proposed location of the honey beehive will be a minimum of 20 feet from the north and west property lines. 11-35-3.F.2 of the Zoning Ordinance includes certain performance criteria for the keeping of animals, as follows: a. Colony Density: The number of colonies allowed upon a lot shall be subject to the following limits: Lot Area Maximum Number Of Colonies <25,000 square feet 2 25,000 square feet to <40,000 square feet 4 40,000 square feet to <5 acres 6 5 acres or greater 8 Page 261 of 271 3 The subject property is 22,215 square feet in area which allows up to two hives. Debra Holman proposes one apiary (hive), initially, with a possible second hive in the same location in the future. Since two hives are allowed in accordance with the Zoning Ordinance, one additional hive is recommended to be permitted at the property owner’s discretion, subject to compliance with Zoning Ordinance requirements. b. Colony Location: (1) A hive shall be located only within a rear yard. The proposed hives will be located in the rear yard of the property near the northwest corner. (2) A hive shall be set back a minimum of twenty feet (20') from any lot line. The hive location shall comply with minimum setback requirements as shown on the site plan. (3) A hive shall not encroach upon any wetland buffer or drainage and utility easement. The proposed hives are not located within a wetland, wetland buffer, or drainage and utility easement. c. Performance Standards: (1) Honeybee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition. The hive is designed as a beehive with removable frames in compliance with Zoning Ordinance requirements. (2) A solid fence, wall, or dense vegetative barrier capable of interrupting the direct flight of bees shall be used to redirect the bee's flight pattern and prevent a direct line of flight from the hive entry into neighboring properties. The barrier shall start at the ground, be a minimum of six feet (6') in height, and shall extend beyond the direct line of sight from the entrance to the hive to the adjacent property. A dense stand of trees is located immediately adjacent to the proposed location of the beehives. The trees are located on the adjacent property in a far rear location of the adjacent property. As an alternative to installing landscaping or a fence on the Holman property, staff recommends a stipulation that a fence be installed by the property owner (Holman) if the adjacent trees are cleared or removed by the property owner immediately abutting the Holman property near where the proposed hives are to be located. There is also the option to locate the hive(s) adjacent to the east wall of the storage shed. (3) Each colony on the apiary site shall be provided with a convenient source of water located on the apiary site so long as colonies remain active outside the hive. A source of water shall be provided near the beehives at all times. Page 262 of 271 4 (4) Materials from a hive or colony which might encourage the presence of honeybees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure. The keeping of hive or colony materials shall be disposed or kept in accordance with Zoning Ordinance requirements. (5) For each colony permitted to be maintained under this section, there may also be maintained upon the same apiary site, one nucleus colony in a hive structure not to exceed one standard nine and five-eighths inch (95/8") depth ten-frame hive body, with no supers. A honey superstructure, or “super” is a box placed on a honeybee hive for the bees to store honey. Supers go on top of the brood boxes. Beekeepers may use a bee queen excluder between the honey super and brood box to stop the queen from laying eggs in the honeycomb. There are three super sizes to choose from: shallow, medium, and deep. Honey supers are measured in height: • Deep (9-⅝ inches) • Medium (6-⅝ inches) • Shallow (5-¹¹⁄₁₆ inches) (6) Beekeeping equipment shall be maintained in good condition. Unused beekeeping equipment must be protected to prevent occupancy by swarming honeybees. (7) Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to control swarming. (8) In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly implement appropriate actions to address the behavior. If requeening is required, queens shall be selected from European stock bred for gentleness and non-swarming characteristics. (9) Fruit trees and other flowering trees, which are located on an apiary site, shall not be sprayed, while in full bloom, with any substance which is injurious to honeybees. d. Inspection: The premises for which an interim permit is issued in accordance with this subsection shall at all reasonable times be open to inspection by community service officers, the Zoning Administrator or other City official to determine compliance with the requirements of the permit, this section or other provisions of this title and this Code relating to public health, safety and welfare. e. Termination: The interim use permit shall terminate in accordance with section 11-5- 7 of this title or the transfer of ownership of the property to another party. Page 263 of 271 5 Interim Use Requirements - Section 11-5-5 of the Zoning Ordinance requires that an interim use permit comply with the following: A. Meet the standards of a conditional use permit set forth in subsection 11-4-3E of this title. See attached findings of fact. B. Conform to the applicable general performance standards of Section 11-4-7 of this title. Staff has reviewed the performance standards in Section 11-4-7 and finds that the interim use permit application meets all applicable standards, including apiary zoning, location, setbacks, and screening. C. The use is allowed as an interim use in the respective zoning district. The proposed apiary use is allowed in the RS-2, Single Family Residential District subject to approval of an interim use permit. D. The date or event that will terminate the use can be identified with certainty. The interim use permit shall terminate upon a change of property ownership or when the apiary use has been discontinued for more than one year. E. The use will not impose additional unreasonable costs on the public. The proposed apiary use will not impose unreasonable costs on the public. F. The user agrees to any conditions that the city council deems appropriate for permission of the use. The applicant shall comply with the recommendations stipulated in the interim use permit as approved by the City Council. Public Comment. A nearby resident to the applicant contacted the Planning Department expressing concerns of having a concentration of bees near their property. A frequent visitor to their property is allergic to bee stings and requires immediate access to an epinephrin pen in the event of a bee sting. In consultation with the City Attorney, Community Development Department staff determined that insects are a naturally occurring condition of the environment whether or not the proposed hives are in the location proposed. It would also not be possible to keep an account of whether persons moving into a neighborhood may have adverse effects to bee Page 264 of 271 6 stings and whether someone was stung by a bee from any particular hive. At the time the Zoning Ordinance regulations were studied, debated, and expert input obtained, it was determined that apiaries (hives) are considered compatible with single family residential areas. The nearby resident noted that at least one city in the Twin Cities requires applicants planning to keep an apiary to obtain a majority of nearby resident approval to be submitted to the City. This requirement is not included in the City’s ordinance. This practice has been determined to lack legal authority as courts have held that neighborhood opposition alone is not a valid basis for a particular city action. The City’s discretion in reviewing the application for the IUP is limited to applying the applicable city code provisions to the facts related to the specific application. RECOMMENDATION Community Development Department staff recommends approval of the Debra Holman interim use permit for an apiary (keeping of honeybees) as an accessory use on the single family home property located at 18005 Jacquard Path subject to the following stipulations: 1. The keeping of bees (apiary) shall comply with all requirements outlined in 11-35-3.F.2 of the Zoning Ordinance, as may be amended from time to time. 2. Not more than two apiaries shall be permitted on the subject property. 3. The apiary(s) shall meet all setback requirements. 4. A fence be installed by the property owner (Holman) if the adjacent trees are cleared or removed by the property owner immediately abutting the Holman property near where the proposed hive is located. 5. The interim use permit shall terminate upon a change of property ownership or when the apiary use has been discontinued for more than one year. Findings of fact for the proposed interim use permit are attached. Page 265 of 271 Exhibit A Page 266 of 271 EXHIBIT B Page 267 of 271 EXHIBIT C Page 268 of 271 EXHIBIT D Page 269 of 271 Date: 5/20/2024 Next Scheduled Work Session, Tuesday, May 28, 2024 Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 270 of 271 Date: 5/20/2024 Next Scheduled City Council Meeting, June 3, 2024 Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 271 of 271